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Home My WebLink About02-3729PNC BANK, NATIONAL ASSOCIATION, Plaintiff DAVIS GREENHOUSE, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : CONFESSION OF JUDGMENT : C1VIL 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 Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: a. Principal $234,333.25 b. Interest to July 22, 2002 $ 44,117.62 c. Attorneys' commission $ 27,845.08 d. Total due to Plaintiff as of July 22, 2002 $306,295.95, plus additional interest, and costs from the date of the Complaint. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: 3~f/ ' Supreme Court ~n~5E~0q~fi;e 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DAVIS GREENHOUSE, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : 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 name and last known address of the Defendant Davis Greenhouse, Inc. ("Defendant") is 103 Hammond Road, Shippensburg, Pennsylvania 17257. 3. Defendant executed and delivered to Plaintiff a Promissory Note in the original principal amount of Two Hundred Forty-Five Thousand and 00/100 Dollars ($245,000.00) ("Note"), a tree and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant executed and delivered to Plaintiff a Change in Terms Agreement dated November 20, 1998 (the "Change in Terms Agreement"), in connection with the Note. A copy of the Change in Terms Agreement is attached hereto as Exhibit "B" and made a part hereof. 5. Defendant is in default of Defendant's obligations to make payment to Plaintiff as required in the Note and the Change in Terms Agreement, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "C" and made a part hereof. 6. Defendant executed and delivered to Plaintiff a Disclosure for Confession of Judgment ("Disclosure for Confession"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "D" and made a part hereof. 3_ 9. jurisdiction. 10. 7. 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 Note or the Change in Terms Agreement. Judgment has not been entered on the Note or the Change in Terms Agreement in any The amount due to Plaintiffas a result of Defendant's default is as follows: a. Principal $234,333.25 b. Interest to July 22, 2002 $ 44,117.62 c. Attorneys' commission $ 27,845.08 d. Total due to Plaintiff as of July 22, 2002 $306,295.95 11. Interest continues to accrue at the rate provided in the Change in Terms Agreement. WHEREFORE, Plaintiff, PNC Bank, National Association demands judgment against Defendant, Davis Greenhouse, Inc., as authorized by the warrant of attorney contained in the Note for Three Hundred Six Thousand Two Hundred Ninety Five and 95/100 Dollars ($306,295.95), plus interest fi.om and including the date of this Complaim and judgment entered hereon at the rate provided in the Change in Terms Agreement and costs of suit. Respectfully submitted, SAIDIS, SHUFF,.FLOWER & LINDSAY By: ¢1 M. l~edeb(o~n, EsqUire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff .03/30/0I 11:07 '~$?09616240 PNC SPEC. ASSETS PROMISSORY NOTE ~]010/011 Borrower: DAVIS GREEN~USE. INC. ~IN: 2~24~6205) Lender: PNC B~K, NATIONAL ASSOCIATION ~ .~ 103 HAMMOND ROAD 4242 CARLISLE PIKE SHI~PENSBURG, PA 1~57 CAMP RILL, PA 17001~74 Principal Amount: $2~,000.00 Interest Rate: 8.000% Date of Note: April 17, 1998 ~ROMISE TO PAY. DAVIS GR/~HOUSE, INC- ("~orrower") prorates to p~ to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, in la~ul money of the Unl~d States of America, the principal amount of Two Hun~red FO~ Five Thou~nd & o01100 Dollars PREPAYMENT PEN~ Upon pm~yment of this Note, Lender Is entitled to the fogo~n~ prepayment pen~: On any business day, upon date of I~Is No~e, of a U. S. Tre~u~ oflll~tlon ~t~ a maturi~ ~milat Io ~ls Note minus Iii) the yield on the prepayment date, of a ~. S DEFA~T. Borr~ will Be J~ default if any of the following happens: (a} Bo~ow~ fa~s to m~ke any payment when due (b} ~orrow~r breaks 03/30/01 11:08 '~'5709616240 PNC SPEC. ASSETS '~ ~'. ~'~" [~] 011/011 11-2o-199S ~, :~!.~%-~:~:. PROMI~ORY NOTE ~. ~ ~- , :.: ~ CO~ ~ N~e ~ s~ured b?, in ~ddi~e~ to any oth~ collale~, a M~ege d3~ NOVB~ 20~ 1~, to Le~et o~ mm ~mpa~ ~ ~ CUMbEReD Cou~, Commonw~l~h el Pen~S%vanls, a] the ~s aod cond~Ons of ~hich am hare~y [nc~o~at~ ~d ma~e a ~ ~ t~is N~te7 YEAR 20mi COMPLIANCE. Ber~o~ver ha~ mewed the Areas within it~ busi~ and opmaflans wh~ could be ~ a~ ~. and d~ioPad ~ ~ d~lng · pr~ to add~ ~ a litany b~ ~e ~k l~t ce~in comput~ applt~bo~ ~a by Bo~ec ~y ba un~ to ~ Prob~m wiU not ~ ~d ~s not muo~ly ~p~ ~ ~ult. in a~ mattel adveme e~t on the b~ln~, prop~ ~ C~AdiflOn, ~UI~ of Op~Om ~t pro~ Of Bo~er, er ~e ~ill~ ~ 8~r ~ duly 8fid pu~u~ pay or pedo~ i~ ob~a~o~ ~undar G~ PROVISIONS. Lend~ m~y d8lay or fo~o enf~in9 any of ~ Hgh~ ~ mmedl~ ~der t~ N~e without I~lng th~. 8~ow~ a~d any ~onor~ ~pon a~ change iff t~e terms of this No~. snd u~l~ ot~ ~r~y s~d in wH~ng, no p~ who sig~S ~ NO~. w~lAer ~ maker, gu~n~r, a~ommo~ao~ ~k~ er endo~er, s~ be ml~ ~om ~ill~. ~ ~h pa~ a~ ~ Lander m~y m~ or ~and (r~dty ~n~ for any le~ of ~8) t~s I~n. e~ mle~a ~y pe~ ~ gua~ ~ c~ateml; or Imp~. ~d to m~ upe~ or p~ ~nd~s ~ t~lef~t iff the co~: ~d ~e~ o~ ~med n~ by ~ ~~nt ~ or flD~ ~ snyon~ NI S~ p~ ~ the[ Lefldm may m~ th~ Mn ~ffio~ ~a Go~nt of ~ no~ to ~y~e W~n/hep~ ~ w~m t~ mD~fion m ~. Ifa~-p~'~ t~.Note CON~SSION OF ~G~ ~ROWER H~EBY IR~O~Y ~RI~S A~ EMPO~RS A~ A~RN~ ~ OR C~K OF A~ COU~ IN ~E COMMONW~ OF ~N~V~ ~ ~H~E, ~ ~ AT A~ ~ME FOR BO~OWER A DEFfl~T UND~ ~IS N~, AND W~ OR W~O~ ~1~ ~. AS ~ ~ ~M. CO--SS OR E~ J~ 60RROW~ F~ ~E E~RE PRINCiP~ B~NCE OF ~IS N~. ~ ~U~ I~. ~ C~GES, A~ A~ ~D ~ AMOU~E ~NDED ~ ~VAN~ BY ~NDER R~NG TO A~ ~ SECURING THIS N~ TOG~R W~ [N~ ON ~C~ ~OU~S, TOUR w~ CO~S OF SU~. AND AN A~OR~S COMMISSION OF ~N PER~ (10~) OF ~E UNPAID B~NCE AND ACCRU~ I~E~ FOR CO~ON. B~ JN ~ ~ N~ ~SS THAN ~ HU~R~ DO~ (~) ON WHIO JUDGM~ OR JUDGME~S ONE ~ M~E ~C~ONS MAY iSSUE IMM~IA~Y; AND FOR SO DOI~. ~[S NO~ OR A ~ OF N~ ~[FI~ BY ~IDA~ S~ BE SUFF~CIE~ W~. ~E A~RI~ ~D IN ~IS N~ ~ CO.SS J~GME~ A~N~ BORfl~ER S~ N~ ~ ~AU~D BY ANY ~RC[~ ~ ~T A~Ofll~, B~ S~ CO~NUE ~ ~ME TO TiME A~ AT A~ TIMES U~L PAYME~ tN FU~ ~ ~L AMOURS D~ U~ ~IS N~. UOflRO~ H~Y WAIVES A~ RIG~ fl~ROW~ MAY HA~ TO N~CE OR TO A H~ING IN CONNE~ W~ ANY SUCH CON.SS[ON ~ JUDGME~. ~bP'r A~ ~CE AND/OF ~RING REQUiR~ UND~ AP~ ~W W~ RES~ TO ~C~ON OF ~E JUOGME~. ~D ~A~S ~T E~ER REPRESE~A~ OF ~ND~ SPECIEI~LY ~D ~IS ~SS[~ ~ JUDGME~ PROVISION TO BORR~'S A~ON O[ ~ORROWER ~S B~N RE~ESE~ BY INDEPE~E~ ~ COUNS~. PRIOR TO SIGNING ~S ~. ~ROWER ~ ~0 UNO.STUD ~ T~ PROVISIONS OF ~[S MO~. BORROW~ AGeS ~E ~MS OF THE ~TE ~D ACK~L~GES RECEI~ ~ A COM~ ~ ~u COPY OF ~ NOTE. THIS NOTE HAS B~ SIGNED ~51D SEALED liY TTtE I,JNDE1CISIGItI'E~L BORROWE]:[: DAVIS MARK A, DAVIS, PRESIDEI~'----- / '~,NGE IN TERMS AGREEN'-'tT Eoan::~Oate j ~Maturj~: N~I Ca!i ::~!!ater~ ~ ~;p~nt ~ff!~[~lnitals::- References in the shaded ama are far Lenders use only and do not limit the aoplicshili~ of this document to any padicular loan or item. Borrower: DAVIS GREENHOUSE, INC. (TIN: 23-2456205) Lender: PNC BANK, NATIONAL ASSOCIATION 103 HAMMOND ROAD 4242 CARLISLE PIKE 9HIPPENSBURG, PA 17257 CAMP HILL, PA 17001-8874 Principal Amount: $242,517.82 Date of Agreement: DESCRIPTION OF EXISTING INDEBTEDNESS. PRIOR NOTE: A PROMISSORY NOTE DATED APRIL 17, 1998 IN THE AMOUNT OF $245,000.00 BETWEEN DAVIS GREENHOUSE, INC. AND PNC BANK, NATIONAL ASSOCIATION. THE PRIOR NOTE IS HEREBY AMENDED AS FOLLOWS:. DESCRIPTION OF CHANGE IN TERMS. CHANGE IN INTEREST RATE: THE iNTEREST RATE IS HEREBY CHANGED TO SEVEN AND ONE HALF PERCENT (7.50%) PER ANNUM, EFFECTIVE AS OF THE DATE OF THIS AMENDMENT. PROMISE TO PAY. DAVIS GREENHOUSE, INC. ("Borrower") promises to pay to PNC BANK, NATIONAL ASSOCiATiON ("Lender"), or order, in lawful money of the United States of America, the principal amount of Two Hundred Forty Two Thousand Five Hundred Seventeen & 82/100 Dollars ($242,517.82), together with Interest on the unpaid principal balance from November 17, 1998, until paid tn full. PAYMENT. Borrower will pay this loan in accordance with the following payment schedule: 52 consecutive monthly principal and Interest payments of $1,990.83 each, beginning December 17, 1998, with interest calculated on the unpaid principal balances at an Interest rate of 7.500% per annum; and 1 principal and interest payment of $216,014.49 on Aprit 17, 2003, with Interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum. This eetlmsted final payment Is based on the assumption that all payments will be made exactly as scheduled; the actual final payment will he for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Agreement. The annual interest rate for this Agreement is computed on a 365/360 basis; that is, by applying the ratio cf the annual interest rate over a year of 360 days, multiplied by Ihs outstanding principal balance, multiplied by the actual numt~er of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in wdting. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender Is entitled to the following prepayment penalty: On any business day, upon payment of all accrued unpaid Interest on this Note, and upon five (5) business day's prior written notice to Lender, the Borrower may prepay all or part of the outstanding principal of this Note; provided, however, that the Borrower also agrees to pay Lender ss compensation for the cost of advancing fixed rate funds, an amount equal to the Cost of Prepayment. "Cost of Prepayment" means an amount equal to the present value, if positive, of the product of (a) the difference between (1) the yield, on the date of this Note, of a U. S. Treasury obligation with a maturity similar to this Note minus (11) the yield on the prepayment date, of a U. S. Treasury obligation with a maturity similar to the remaining maturity of this Note and (b) the principal amount to be prepaid, and (c) the number of years, including fractional years, from the prepayment date to the maturity date of this Note. The yield on any U. S. Treasur/ obligation shall be determined by reference to Federal Reserve Statistical Release H.15(519) "Selected Interest Rates". For purposes o~ making present value calculations, the yield to maturity of a similar maturity U. S. Treasury obligation on the prepayment date shall be deemec the discount rate. The Cost of Prepayment shall also apply to any payments made after acceleration of the maturity of this Note. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled paymen or $100.00, whichever is less. DEFAULT. Borrower will be in default ir any of the following happens: (a) Borrower fails to make Any payment when due. (b) Borrower breaks an! promise Borrower has made to Lender, or Borrower fails lo comply with or to pedorm when due any other term, obligation, covenant, or condifior contained in this Agreement or any agreement related to this Agreement, or in any other agreement or loan Borrower has with Lender. (c) An, representation or statement mede or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any meteiTaJ,~sF)ect either nov or at the time made or furnished. (d) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes a~ assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvenc laws. (e) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or security interest. This incluqes A garnishment of an of Borrower's accounts with Lender. (f) Any guarantor dies or Any of the other events described in this default section occurs with respect to an guarantor of this Agreement. (g) A matedai adveme change occurs in Borrower's financial condition, or Lender believes the prospect of payment ¢ performance of the Indebtedness is impaired. LENDER'S RIGHTS. Ubon default, Lender may, after giving such nciices as required by applicable law, declare the entire unpaid principal balance o ~his Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon detault, including failure to pay upo final matudfy, Lenqer, at its option, may also, if permitted under applicable law, increase the interest rate on this Agreement 5.000 percentage point= The interest rate will not exceed the maximum rate permiffed by appticable law. Lender may hire or pay someone eisa to help collect this Agreement Borrower d~es not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law. Lender's attorneys' fee and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (includin efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If net prohibited ~' applicable law, Borrower also will pay any court costs, in addition to ail other sums provided by law. If judgment is entered in connection with th Agreement, interest will continue to accrue on this Agreement after judgment at the existing interest rate provided for in this Agreement. Thi Agreement has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Borrewl agrees upon Lender's request to submit to the jurisdiction of the courts of CUMBERLAND County, the Commonwealth of Pennsylvani Lender and Borrower hereby waive the right to any jury trial in any sctlon, proceeding, or counterclaim brought by either Lender or Borrow~ against the other. This Agreement shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. ~l~n- OF ~ET(~FF. Borrower orants to Lender a contractuQJ_securify jntere.~t~ ?. and hereby assigns, conveys, delivers, pledges, and transfers ;HANGE IN TERMS AGREEN~ Page Loan No (Continued) Lander all Borrower's right; title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), includin w~thout limilation all accounts he~d jointly with someone else and ali accounts Borrower may open in the future, excluding however all IRA and Keog acccunts, and all trust sccounts for which the grant of a security interest would be prohibited by Iow. Borrower authorizes Lender, to the exta~ permitted by applicable law, to charge or setoff all sums owing on {his Agreement against any and ail such accounts. COLLATERAL. This Agreement is secured by a Mortgage dated Apnt 77, 7998, to Lender on reel property located in CUMBERLAND Count' Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Agreement. CONTINUING VALIDITY. Except as expressly changed by this Agreement. the terms of the odginal obligation or obligations, including ail agreemen. evidenced or secuhng the obligation(s), remain unchanged and in fu~t force and effect. Consent by Lender to this Agreement does not waive Lender right to strict performance of the obligation(s) as ct~anged, nor obligate Lender to mske any future change in terms. Nothing in this Agreement w constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the ohginai obtigation(s including accommodation parties, unless s party is expressly released by Lender in writing. Any maker or endorser, including sccommodation redken will not be released by virtue of this Agreement. If any person who signed the odginal obligation does not sign this Agreement baiow, then all persor signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to th changes and provisions of this Agreement or otherwise will not be release~t by it. This waiver applies not only to any initial extension, modification ( release, but also to ail such subsequent actions. YEAR 2000 COMPLIANCE. BORROWER HAS REVIEWED THE AREAS WITHIN ITS BUSINESS AND OPERATIONS WHICH COULD BE ADVERSEL AFFECTED BY, AND HAS DEVELOPED OR IS DEVELOPING A PROGRAM TO ADDRESS ON A TIMELY BASIS THE RISK THAT CERTAI COMPUTER APPLICATIONS USED BY BORROWER MAY BE UNABLE TO RECOGNIZE AND PERFORM PROPERLY DATE-SENSmVE FUNCTION INVOLVING DATES PRIOR TO AND AFTER DECEMBER 31, 1g~9 (THE "YEAR 2000 PROBLEM"). THE YEAR 2~00 PROBLEM WILL NOT RESUL AND IS NOT REASONABLY EXPECTED TO RESULT, IN ANY MAIEH~AL ADVERSE EFFECT ON THE BUSINESS, PROPERTIES, ASSET~ FINANCIAL CONDITION, RESULTS OF OPERATIONS OR PROSPECTS OF BORROWER, OR THE ABILITY OF BORROWER TO DULY AN PUNCTUALLY PAY OF PERFORM ITS OBLIGATIONS HEREUNDER AND UNDER THE RELATED DOCUMENTS. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing thor Borrower end any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand f= payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in wnting, no par who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree th Lender may renew or extend (repeatedly and for any length of time) this loan, or release any par'ty or guarantor or collateral; or impair, fail to reeli; upon or pedect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom ti modification is made. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any otb prowsions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATI'ORNEY OR THE PROTHONOTAF OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTE A DEFAULT UNDER THIS AGREEMENT, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGME~' AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY Al', ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTERE.~ ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPA PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FiVE HUNDRED DOLLARS ($5(~0) (: WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT ~ CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CON'TINL FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HERE~ WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMEN EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, A~, STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION ~' BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD AL/. THE PROVISIONS OF THIS AGREEMENT. BORROWE AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. THIS AGREEMENT HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: DAVIS GRF~NHOI,~F.~ INC, By: ?~' i:. ~) MARK A. OAVIS,~PRESIDENT Cerafied & Regular Mail .PNCBAN( FILE March 26, 2001 Davis Gree~aouse, Inc. 103 Hammond Road Shippensburg, Pa. 17257 RE: Loan# 600704911 Dear ;Mr& ,Mrs Davis The above referenced loan :s in default and according to its terms is mediately due and payable. 'I'ne principal due az of this date is $229,685.79 together with interest in the amount of $4,738.31 and late charges of 5199.08 for a total of 5234,623.18. Demand is hereby made for the immed,ate payment of the total outstanding amount due. The Per Diem is 547.85. The default rate of 5% above the stated rate b.a,s been imposed. Should you not pay the above sums as demanded and PNC Bank determines ir necessary to seek legal advise or action, you shall also be responsible for costs and reasonable counsel fees, not to exceed fifteen percent (15%) of all amounts due hereunder, recurred by the Bank in connecUon with all actions taken to enforce collection. If payment of S234,623.18 is not recmved immediately, the Bank may, without ~rrher not~ce to you, take any and all actions legally permissible. Sincerely, rcot-~ll Assistant Vic~ Pr~id~t Special Assets (570) 961-6243 A member of ~h~: PNC F;nancial 5ctvicc~ Groula DISCLC '"~E FOR CONFESSION OF '~DGMENT · ~inCipal ::t E~.a=n D~tP : Matur~ ;il L0anN0:: Call: Colateral A(:count: I Off (:er Inti~ls~ : $250:,D~!~ t ~ ~i:i:i:~ 9~ i 1 i2;.2_~0~'_~00 i I : I:: 1:: 69602 ~ Releren~es in th~"~haded area are f~r L"nder s use only 'and'd~' not limit the applicability of' i'his doc~m--nt to';any' particula'r loan or itemlr - Borrower: Guarantor: DAVIS GREENHOUSE, INC. (TIN: 232488205) 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 HARRY F. DAVIS and CAROL K. DAVIS 115 HAMMOND ROAD SHIPPENSBURG, PA 17257 Lender: PNC BANK~ NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001--8874 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~ ~ DAY OF ~,~,,.,,,.,,,~,.x ,19 '?~', A GUARANTY FOR AN UNLIMTED AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD 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, INTELLIGENTLY, 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, I 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 I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFFIANT: X HARRY F. DA~S CAROL K. DAVIS LASER PRO, Reg. U.S. Pat. & T.M. Off.. Vet. 3.26 (c) 1998 CFI ProSerwces. Inc. Ail r~gllts reserve;J. [PA-O30 OAVtS2.LN C29.OVLI DISCLC FOR CONFESSION OF ' I3GMENT Calt~ t Collateral I i~ccou~t ~ ~.Ioffice~.l~ Initals~ References in ~he shaded a;ea a;e for Lender s' ~se ~nly and' d~' ~ot'lim'it the a.~licabili~ of Ibis docume"n'~'to ~ny p~dic~r loan 'o; item." '"''''';:" Borrower: Gu arantor: DAVIS GREENHOUSE, INC. (TIN: 232488205) 103 HAMMOND ROAD SHIPPENSSURG, PA 17257 MARK A. DAVIS and JANET G. DAVIS 107 HAMMOND ROAD SHIPPENSBURG, PA 17257 Lender: PNC SANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001-8874 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ..~O'f~' DAYOF .,4.~.~,,.,.~,~ ,19'7~',AGUARANTYFORANUNLiMTEDAMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD 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, INTELLIGENTLY, 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. FIOWEVER, 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, I AM KNOWINGLY, INTEZJ.IGENTLy AND VOLUNTARILY WAIVING THESE F~IGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY IINITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: IINITIALS 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 ~11~ SEEN SIGNED AND SEALED BY THE UNDERSIGNED. X :::: ::::: (SEAL) MARK A, DAVIS × ~ JANET G. DAVIS (SEAL) LASER PRO, Reg. U,S, Pat, & T.M. Oil., Ver. 3.26 (c) 1998 CFI Prc~Services. Inc, All rigtlts reserved. [PA-S30 DAV[S2,LN C29.OVL] PNC BANK, NATIONAL ASSOCIATION, Plaintiff DAVIS GREENHOUSE, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CONFESSION OF JUDGMENT : CiVil ACTION - LAW VERIFICATION I, John Corcoran, for PNC Bank, National Association, being authorized to do so on behalf of PNC Ban,k, 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: ~ ~ ~0 -~-- PNC BANK, NATIONAL ASSOCIATION, Plaintiff DAVIS GREENHOUSE, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. C,;~- ,xT~ ~,L; L : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; and that the last known address of the Defendant, Davis Greenhouse, Inc., is 103 Hammond Road, Shippensburg, Pennsylvania 17257. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Supreme Court ID #590q~1~TM 2109 Market Street Camp Hill, PA 17011 (717) 73%3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, Plaintiff DAVIS GREENHOUSE, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O,2 -- ,~ 72~ ~gt ~'t : : CONFESSION OF JUDGMENT : CWIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~2S ~?~lVl. Led~bohr~, Esquire reme Court 1D #59012 9 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff