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Home My WebLink About07-1121HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA 525 William Penn Place, Suite 2720 Pittsburgh, PA 15219-1712 Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW R.H. BLACK, INC. d/b/a CUSTOM PATIO ROOMS OF CENTRAL PA 2250 Bumble Bee Hollow Road No. 0 7 - //z 1 n Mechanicsburg, PA 17055 1. i U ?(AND ROBERT H. BLACK 1788 North Meadow Drive Mechanicsburg, PA 17055 Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 773141_1 LEGAL REFERRAL SERVICE CUMBERLAND COUNTY COURT ADMINISTRATOR ONE COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 TELEPHONE: (570) 240-6200 AVISO Le han demandado a usted en la corte. Si usted quiere defedarse de estas demandas expuestas en las paginas sigulentes, usted tiene viente (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparesencia ascrita o en persona o con un abogado y entregar a la corte en forma asorica sus defenses o sue objeciones a las demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y pueda continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la corte pueda decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta demanda. Usted puede perder dinaro o sus propiedades u ostros derechos importantes para usted. LEGAL REFERRAL SERVICE CUMBERLAND COUNTY COURT ADMINISTRATOR ONE COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 TELEPHONE: (570) 240-6200 HARVEY ? PENNINGTON, LTD. By: Robert J. Murtaugh, Esquire Pa. Id. No. 57494 Ron L. Woodman, Esquire Pa. Id. No. 88450 Attorneys for Plaintiff, Citizens Bank Date: February 20, 2007 773141_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA 525 William Penn Place, Suite 2720 Pittsburgh, PA 15219-1712 Plaintiff, V. R.H. BLACK, INC. d/b/a CUSTOM PATIO ROOMS OF CENTRAL PA 2250 Bumble Bee Hollow Road Mechanicsburg, PA 17055 AND ROBERT H. BLACK 1788 North Meadow Drive Mechanicsburg, PA 17055 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 67 -//Z1 COMPLAINT (21 & ,L`TL,,j NOW COMES the Plaintiff in the above-captioned matter, Citizens Bank, by and through its attorneys, Harvey, Pennington Ltd., and files the following Complaint: 1. Plaintiff, Citizens Bank of Pennsylvania ("Citizens Bank") is a Banking Corporation authorized to do business in the Commonwealth of Pennsylvania with offices located at 525 William Penn Place, Suite 2720, Pittsburgh, Pennsylvania 15219-1712. 2. Defendant, R.H. Black, Inc. d/b/a Custom Patio Rooms of Central PA ("R.H. Black") is a Pennsylvania corporation with its principal place of business located at 2250 Bumble Bee Hollow Road, Mechanicsburg, PA 17055. 7731411 3. Defendant, Robert H. Black ("Mr. Black") is an adult individual with his principal residence located at 1788 North Meadow Drive, Mechanicsburg, PA 17055. At all times relevant hereto, Mr. Black was a managing member and owner of R.H. Black. 4. On or about November 14, 2003, R.H. Black borrowed $100,000.00 from Citizens Bank (the "Loan"), and executed and delivered a Commercial Line Note ("Note") evidencing the Loan. A true and correct copy of the Note is attached hereto, made a part hereof and marked Exhibit "A". 5. Citizens Bank is the current holder of the Note and same has not been further assigned. 6. The Note provided for repayment of the principal amount borrowed with a variable interest rate, at a rate equal to the Prime Rate as published in The Wall Street Journal, in monthly installments of interest only. The current interest rate is 10.25% per annum. The Note was payable on demand. 7. In order to further secure the Loan, Mr. Black executed and delivered to Citizens Bank a Guaranty ("Guaranty") of even date with the Note, guarantying the prompt and punctual payment of the Loan. A true and correct copy of the Guaranty is attached hereto, made a part hereof and marked Exhibit "B". R.H. Black and Mr. Black breached the terms and conditions of the Note and Guaranty and became in default thereof, by reason of their failure to make the monthly payment that was due on September 14, 2006, and any and all subsequent payments due thereafter. The Defendants are also in default by reason of their failure to reduce the principal balance by at least 50% for a period of thirty (30) consecutive days. 7731411 9. As a result of the aforesaid default, Citizens Bank has chosen to accelerate all amounts owed under the terms of the Note and Guaranty and demand payment in full. 10. Despite demand for same, Defendants have failed and refused to pay amounts owed to Citizens Bank, and is obligated and liable to Citizens Bank for the following: Principal Balance $ 98,343.32 Accrued Interest to 02/02/2007 2,240.05 Attorneys Fees (5%) 5,029.17 Total Due $105,612.54 Interest continues to accrue from and after February 2, 2007 in the amount of $28.00 per day, in accordance with the terms of the Note. 11. Other than as specifically set forth above, if any, there have been no assignments of the Note and Guaranty. 773141_1 WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands the entry of a judgment in its favor, and against the Defendants, R.H. Black, Inc. d/b/a Custom Patio Rooms of Central PA and Robert H. Black, individually, jointly and severally, in the amount of $105,612.54, plus continually accruing interest, currently at 10.25% per annum or $28.00 per day from February 2, 2007, reasonable attorneys fees, costs of suit and such other and further relief as this court deems just and proper. Respectfully submitted, HARVEY ? PENNINGTON, LTD. By: Tl= Robert J. Murtaugh, Esquire Pa. Id. No.: 57494 Ron L. Woodman, Esquire Pa. Id. No.: 88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank Date: February 20, 2007 773141 1 EXHIBIT "A" Document2 C CITIZENS BANK Borrower(s) Name and Address: R.H. BLACK, INC. DBA CUSTOM PATIO ROOMS OF CENTRAL PA 4609 GETTYSBURG ROAD MECHANICSBURG, PA 17055 Date of Agreement: 11/14/2003 Initial Rate: 4.000 % Margin:0 % Maximum Rate: 18.00 % Principal Amount: S 100,000.00 If checked here, this loan is guaranteed by the Small Business Administration ("SBA"). LENDER: ? CM. !lank of Rhode Island 1 Ckt:erra Pkta provldence,Rr02903 0 Ckltetre Bank New Hampshire 03101 C==% 0?CWWWW Bank otaAassachusetts Skeet Boston, tAA 02109 Cft syy Bank of Pannsyhranfa ® 17 PhNadNphia PA 19103 ? 9C18?H rt6 aOkhilcet Wkmkgton, DE 1l1 Suite 200 0 Ckb*ns Banc of Connectkwt 63 Eugene O'Nem DO" New London, CT 06320 COMMERCIAL LINE NOTE PROMISE TO PAY: FOR VALUE RECEIVED, the undersigned (the "Borrower" or "you") promises to pay to the order of the lender named above (the "Lender", "we", "us", or "our") the principal amount shown above, or such lesser amount as may be outstanding hereunder, plus interest, costs and fees as described herein. REVOLVING FEATURE: This Note possesses a revolving feature. Upon satisfaction of the conditions set forth in this Note, and subject to any restrictions and limitations stated herein, Borrower shall be entitled to borrow up to the full principal amount of the Note and to repay and reborrow from time to time during the term of the Note. Information with regard to any loans or advances or letters of credit issued under this Note shall be recorded and maintained by Lender in its internal records and such records shall be conclusive as to the information set forth therein absent manifest error. Lender's failure to record the date and amount of any loan or advance or letters of credit shall not limit or otherwise affect the obligations of the Borrower under this Note to repay the principal amount of the loans or advances or letters of credit together with all interest accreting thereon. Lender shall not be obligated to provide Borrower with a copy of the record on a periodic basis. Borrower shall be entitled to inspect or obtain a copy of the record during Lender's business hours. CONDITIONS FOR ADVANCES: If there is no Default (as defined below) under this Note, Borrower shall be entitled to borrow monies under this Note (subject to the limitations described above) under the following conditions: At the time of each advance requested by Borrower under this Note, the Borrower shall have complied with all of the terms, conditions and requirements of that certain Business Loan and Security Agreement between Borrower and Lender and dated the date hereof (the "Loan Agreement"). The Lender reserves the right to request evidence satisfactory to it that, at the time of each advance, there exists no Default or event of Default under this Note, the Loan Agreement or any document or instrument delivered pursuant to or in connection with this Note. Lender may terminate any further advances upon Default by Borrower or, absent Default, upon demand for payment of this Note. Lender may demand payment in full under this Note at any time, in its sole discretion and without cause.- SBl.ine Note - Rev. 06/02 Page 2 LETTERS OF CREDIT: If there is no Default under this Note, Borrower shall be entitled to request that the Bank issue commercial or standby letters of credit under this Note (subject to the limitations described above) pursuant to the following conditions: (a) Issuaece of Letters of Credit. From time to time on any business day occurring prior to Default or demand hereunder, the Borrower may request the issuance of commercial or standby letters of credit (each a "Letter of Credit" and collectively, "Letters of Credit") for its own account in respect of obligations of the Borrower in stated face amounts (each such stated face amount not to be less than $1,000) requested by the Borrower on such day with an expiry date not later than the earlier of one year from the date of such issuance, or extend the expiry date of an existing Letter of Credit previously issued hereunder to a date not later than one year from the date of such extension. No issuance or extension of a Letter of Credit shall be made if, after giving effect thereto: (a) the aggregate face amount of all outstanding Letters of Credit, gbr (b) the aggregate outstanding principal amount of all outstanding advances under this Note is gM ter than (c) the principal amount of this Note. To request the issuance of a Letter of Credit (or the extension of an outstanding Letter of Credit) the Borrower shall hand deliver to the Bank a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be extended, the date of issuance or extension, the date on which such Letter of Credit is to expire (which shall comply with the limitations set out above) as well as submitting the appropriate letter of credit application on the Bank's standard form. Each Letter of Credit issued by the Bank shall be, in addition to the terms hereof, subject to the terms and conditions of any form of letter of credit application or other agreement submitted or entered into by the Borrower in connection with the issuance of any Letter of Credit. In the event of any inconsistency between the terms and conditions of this Note, the Loan Agreement, and the terms of any form letter of credit application or other agreement submitted or entered into by the Borrower in connection with the issuance of any Letter of Credit, the terms and condition of such letter of credit application or other agreement shall control. (b) Reimbursement. If the Bank shall honor or otherwise make any disbursement in respect of a Letter of Credit, the Borrower shall reimburse the Bank in the full principal amount of such disbursement by paying to the Bank an amount equal to such disbursement not later than the close of business on the day such disbursement is made. Notwithstanding the foregoing, the Borrower may, subject to the terms and conditions of this Note, request that such reimbursement payment be financed by means of an advance hereunder. The Borrower acknowledges and agrees that the Bank is under no obligation to so honor any such request and that unless the Borrower shall reimburse the Bank in full on the date such disbursement is made, the unpaid amount thereof shall bear interest, for each day from and including the date of such un-reimbursed disbursement is made to but excluding the date that the Borrower reimburses such disbursement, at the rate per annum then applicable to advances hereunder. (c) Letter of Credit Fees. The Borrower agrees to pay to the Bank a Letter of Credit fee in an amount equal to the then applicable interest rate for advances hereunder multiplied by the stated face amount of all Letters of Credit outstanding, such fee to be paid monthly in arrears in accordance with the payment scheduled set out below. The Borrower further agrees to pay to the Bank (i) on the date of (x) the issuance of each Letter of Credit, (y) each increase in the stated face amount thereof and (z) each extension (automatic or otherwise) of the stated expiry date thereof, an issuance fee as provided for in the letter of credit application or other agreement submitted or entered into by the Borrower in connection with such issuance, increase or extension, and (ii) all reasonable costs and expenses incurred by the Bank in connection with such Letter of Credit. (d) Cash Collateralization. If the Bank shall make demand hereunder or upon the occurrence of any Default, on the day that the Borrower receives notices from the Bank demanding the deposit of cash collateral, the Borrower shall deposit in an account with the Bank, in the name of and for the benefit of the Bank, an amount in cash equal to the aggregate amount of all Letters of Credit then outstanding. Such deposit shall be held by the Bank as collateral for the payment and performance of the obligations of the Borrower with respect to such outstanding Letters of Credit, this Note, the Loan Agreement, and any application or agreement submitted or entered into by the Borrower in connection with the issuance of any Letter of Credit. The Bank shall have exclusive dominion and control, including the exclusive right of withdrawal, over such account. Other than interest earned on the investment of such deposits, which such investments shall be at the option and sole discretion of the Bank and at the Borrower's risk and expense, such deposits shall not bear interest. Interest or profits, if any, on such investments shalt accumulate in such account. Moneys in such account shall be applied by the Bank to reimburse the Bank for Letter of Credit disbursements for which it has not been reimbursed and, to the extent not so applied, shall be held for the satisfaction of the reimbursement obligations of the Borrower for outstanding Letters of Credit, or, if demand has been made hereunder, be applied to satisfy other obligations of the Borrower under this Note. If the Borrower is required to provide an amount of cash collateral hereunder as a result of the occurrence of a Default, and the Bank shall refrain from demanding payment hereunder, such amount (to the extent not applied as aforesaid) shall be returned to the Borrower within 3 business days after all Defaults have been cured or waived. Page 3 VARIABLE INTEREST RATE: Interest shall accrue on this Note beginning at the initial Rate set forth above. This Note has a variable interest rate feature. The interest rate may change from time to time if the Index Rate identified below changes. Interest shall be calculated at a variable rate equal to the sum of the Margin shown above, plus the Index Rate. Any change in the interest rate resulting from a change in the Index Rate will be effective on the date of each change in the Index Rate. For SBA guaranteed loans, the interest rate will change on the fast day of the calendar month following a change in the Index Rate. This interest rate change will not occur more often than once each month. Interest shall be computed on the basis of actual days elapsed over a 365-day year. In the event of a Default (as defined below), Lender may declare that Interest shall accrue on this Note at the Default Rate, as provided for in the section below regarding "Powers Upon Default." INDEX RATE: The Index Rate for this Note shall be The Wall Street Journal Prime Rate. The "Wall Street Journal Prime Rate" is defined as the "Prime Rate" for domestic banks, as published in The Wall *? Jo n+al in the "Money Rates" section. If more than one such rate is published on any given day, the highest published rate shall be used to determine the Index Rate. The "Prime Rate" is not necessarily the lowest rate offered by Lender, nor by the lenders whose rates are surveyed by The Wall Street Journal. If The Wall Street Journal ceases to publish a "Prime Rate," the Lender may choose a substitute source for the Prime Rate or may choose a substitute index. If the Lender chooses a substitute index, it may also choose a substitute margin so that the new index and margin result in an interest rate substantially similar to the Interest Rate in effect at the time the Prime Rate ceases to be published in The Wall Street Journal. MAXIl1iUM RATE: The interest rate on this Note shall not exceed the Maximum Rate set forth above. PAYMENT SCHEDULE: This Note is payable ON DEMAND. Until demand is made, Borrower shall pay the principal and interest according to the following schedule: Borrower must make regular monthly payments beginning one month from the date hereof and on the same day of each month thereafter, in the following amounts: Ea If the box at the beginning of this paragraph is checked, Borrower's regular monthly payments will be equal to the sum of (a) accrued interest and any other charges posted by Lender at the close of the billing cycle, plus (b) any amount which is past due, plus (c) any amount by which the outstanding principal balance under this Note exceeds the maximum principal amount of this Note (set forth at the beginning of this Note). This minimum monthly payment will not reduce the principal that is outstanding under this Note, and will result in greater expenses over the life of this Note. In addition to the minimum monthly payment set forth above, Borrower agrees that at least once during each 12 consecutive calendar month period (beginning on the date of this Note) Borrower will reduce, for 30 consecutive days, the outstanding principal balance of this Note to not more than fifty percent (50019) of the highest outstanding principal balance under this Note for the preceding 12 calendar months. Unless the box at the beginning of the preceding paragraph has been checked, Borrower's regular monthly payment will be equal to the sum of (a) accrued interest and any other charges posted by Lender at the close of the billing cycle, plus (b) principal in the minimum amount of (i) $200.00 or (ii) two percent (2%) of the outstanding principal balance at the close of the billing cycle, whichever is greater (however, the minimum payment will never exceed the entire amount outstanding), plus (c) any amount which is past due, plus (d) any amount by which the outstanding principal balance of this Note exceeds the maximum principal amount of this Note (set forth at the beginning of this Note). If you have so indicated on the Application and have completed an authorization on the form we provided to you, you authorize us to debit your Citizens Bank business checking account with us for all sums (including, without limitation, principal interest and fees) payable under this Note and the Loan Documents (as defined below); provided, however, that this provision shall not obligate us to create or allow any overdraft, and further provided that such authority shall not relieve you of the obligation to assure that payments are made when due if there are not sufficient good funds in your account. You understand that in exchange for your authorization to deduct your payments from your checking account we have reduced the interest rate payable under this Note by one percent (1%). If you close your checking account, if you revoke your authorization to debit payments from your checking account, or if automatic payments are otherwise terminated for any reason, we have the right to increase the Margin disclosed at the beginning of this Note by one percent (I%) without any prior notice to you. Unless payments are made by automatic debit of your checking account, you must make payments to Lender at the address on the billing statement in lawful currency of the United States of America. If Borrower wants to pay the outstanding balance of this Note in full with a check or similar instrument that has such special notations or instructions on it or with it, but not terminate this Note, Borrower must send the payment (including special notations or instructions) to the address for such payments listed on the billing statement. If Borrower wants to pay the outstanding balance of this Note in full with a check or similar instrument that has such special notations or instructions on it or with it, and terminate this Note, Borrower must send the payment (including special notations or instructions) to the address for such payments listed on the billing statement. If payment in full is received at any other address, (i) Lender may ignore any special notations or instructions, and (ii) Lender's crediting any such check or other instrument to the Credit Line does not mean that Lender has agreed to the special notations or instructions. Page 4 REQUESTING ADVANCES: You may request an advance on this Note by using the special loan checks we will give you. The following rules apply to your use of special loan checks: a) Lost Or Stolen Special Loan Checks. You agree to tell us if special loan checks are lost or stolen, or if you believe someone is taking advances on this Note without your permission. The fastest way to notify us is by calling us at 1-8004-BUSINESS. b) Forged Special Loan Checks. You agree that we do not have to pay any of your special loan checks if we believe the signature on the check has been forged, unless you tell us to. c) Postdated Special Loan Checks. If you date a special loan check with a date that is later than the date on which you actually wrote the special loan check, you agree that we may pay the special loan check, even if we pay it or post it to the principal balance of this Note on a date which is earlier than the date on the special loan check. d) Stopping Payment on a Special Loan Check. You can ask us to stop payment on any special loan check you have written that has not been paid by calling us at the telephone number shown on your statement. An oral stop payment order will stay in effect for fourteen (14) days, unless you confirm it in writing or tell us to cancel it. You can confirm your stop payment order by writing to us at the address shown on your statement. A written stop payment request will stay in effect for six (6) months, unless you tell us to cancel it. e) We Are Not Liable. We will not be liable if anyone fails to honor a special loan check written by you_ f) Paying Special Loan Checks in Excess of Your Credit Limit. We do not have to pay any special loan check that would cause the principal balance of this Note to exceed the Principal Amount of this Note. However, we may do so if we choose. g) Paying Special Loan Checks After Termination. We will not pay any additional special loan checks presented to us for payment after we send you notice of termination of this Note. If you terminate this Note, you will be responsible for paying any additional advances we make to pay special loan checks which are presented to us for payment before we have had a reasonable amount of time to implement your termination notice. Once we have implemented your termination notice, we will not pay any additional special loan checks presented to us for payment. PREPAYMENT: This Note may be prepaid in part or in full at any time without penalty. LATE FEE: If any payment of principal or interest due hereunder is not paid within ten (10) days of the due date, Lender may require Borrower to pay a We fee equal to five percent (56%) of the overdue amount or $35.00, whichever is greater, in addition to and not in lieu of fiuther accrual of interest on any overdue amount. For business loans to non-corporation borrowers in amounts less than or equal to $10,000, the lender may assess a delinquency charge of twenty dollars ($20) or ten percent (10%) of each installment or payment, whichever is higher, which is in default for more than 15 days. ANNUAL FEE: On each yearly anniversary of the date of this Note, you shall pay us an Annual Fee of $100 by means of an Advance under the Credit Line which shall not be subject to any refund upon termination. SECURITY: This Note is secured by all collateral described in the Loan Agreement, together with all securities or other property of Borrower now or hereafter held by Lender and all deposits (other than IRA accounts) of Borrower held by Lender. Borrower gives Lender an express right of setoff against any such deposit accounts. BUSINESS LOAN AND SECURITY AGREEMENT: This Note is subject to the terms and entitled to the benefits of the Loan Agreement- In the event there is any inconsistency between the provisions of this Note and the provisions of the Loan Agreement, the provisions of this Note shall govern. This Note, the Loan Agreement, and every other document executed in connection therewith are referred to in this Note as the "Loan Documents." Borrower's obligations under the Loan Documents are referred to in this Note as the "Obligations". EVENTS OF DEFAULT: This Note is payable on demand. The inclusion of events of Default hereunder shall not limit Lender's right to demand payment in its sole discretion. The following shall be events of default under this Note (each referred to herein as a "Default"): (1) Failure by Borrower, or by any Co-Obligor, endorser, guarantor or surety for or under any of the Obligations (each referred to herein as a "Co-Obligor"), to make full and prompt payment when due, of any amount required to be paid to Lender under any of the Loan Documents or any other agreement; Page 5 (2) Failure by Borrower or any Co-Obligor to perform, keep or observe any other term, provision, condition, covenant, agreement, warranty or representation contained in any of the Loan Documents or any other agreement with or in favor of Lender, which failure continues for ten (I0) days after notice thereof by Lender to the person or entity requited to perform, keep or observe such term, provision, condition, covenant, agreement, warranty or representation; (3) If any representation, statement, report or certificate made or delivered by Borrower or any Co-Obligor is false or incorrect in any material respect when made or delivered; (4) if any attachment, trustee process, lien, execution, levy, injunction, or receivership issued or made against the Borrower, any Co-Obligor or any Collateral securing the Obligations (referred to herein as "Collateral") is not removed within thirty (30) days or if any final judgment and execution issued against Borrower or any Co-Obligor remains unsatisfied for thirty (30) days; (5) The entry of a decree or order for relief with respect to the Borrower or any Co-Obligor in an involuntary case tinder the federal bankniptcy law, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, trustee, custodian (or similar official) of or for the Borrower or any Co-Obligor, or ordering the winding-up or liquidation of its affairs which is not promptly contested and released or discharged within sixty (60) days; (6) The commencement by the Borrower or any Co-Obligor of a voluntary case under the federal bankruptcy law, as now constituted of hereafter amended, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by Borrower or any Co-Obligor to the appointment of or taking possession by a receiver, liquidator, trustee, custodian (or other similar official) of or for the Borrower or any Co-Obligor or for any substantial part of its property, or the making by Borrower or any Co-Obligor of any assignment for the benefit of creditors, or the insolvency or the failure of the Borrower or any Co-Obligor generally to pay its debts as such debt become due, or the taking of action by the Borrower or any Co-Obligor in furtherance of any of the foregoing; (7) Loss or destruction of or substantial damage to any material portion of any Collateral for this Note; (8) Default which has not been cured during any applicable cure period in the prompt payment, performance or observance of any term, provision, condition, covenant, warranty or representation set forth in any mortgage, lien or encumbrance affecting any Collateral for this Note, whether or not such mortgage, lien or encumbrance is senior or junior to Lender's interest therein and whether or not such mortgage, lien or encumbrance has been consented to by Lender, provided, however, that nothing herein shall be deemed to be a consent by Lender, implied or otherwise, to the granting of any mortgage, lien or encumbrance on the Collateral; or (9) Such a change in the condition or affairs (financial or otherwise) of the Borrower or any Co-Obligor, or decline in the value of the Collateral as, in the opinion of the Lender, materially impairs the Lender's security or increases its risk or if the Lender in good faith deems itself insecure. POWERS UPON DEFAULT: Upon the occurrence of any Default or at any time thereafter, Lender may, at its option, without notice or demand, do any one or more of the following, in addition to any other right or remedy that Lander may have at law or in equity or given to Lender under any of the Loan Documents, all of which are hereby authorized by Borrower: (1) Declare the Obligations immediately due and payable; (2) Cease advancing money or extending credit to or for the benefit of the Borrower under any agreement; (3) Set-off against any and all deposits, accounts, certificate of deposit balances, claims, or other sums at any time credited by or due from the Lender to the Borrower and against all other property of Borrower in the possession of Lender or under its control; (4) Realize immediately upon any Collateral; (5) Declare that Interest shall accrue on this Note at a rate (the "Default Rate") equal to the lesser o f (i) the sum of the Index Rate identified below, plus the Margin shown above, plus four percent (4 /o); and (ii) the Maximum Rate set forth at the beginning of this Note. COLLECTION EXPENSES: The Borrower agrees to pay all actual costs of collection and attempted collection, including, without limitation: (1) those expenses incurred or paid to protect, preserve, collect, lease, sell, repair, improve, advertise, locate, take possession of, liquidate or otherwise deal with any Collateral for this Note, (2) expenses of dealing with any person or entity in any bankruptcy proceeding, (3) all out-of-pocket expenses incurred by the Lender for the Lender's attorney and paralegal fees, disbursements, and costs, all at such rates and with respect to such services as the Lender in its sole discretion may elect to pay (as such rates may vary from time to time during the course of the performance of such services) including the costs of attorneys who are employees of the Lender, and (4) the costs of appraisers, engineers, investment bankers, environmental consultants and other experts that may be retained by the Lender in connection with such collection efforts. Such costs will be added to the unpaid balance of the loan- Page 6 WAIVER OF RIGH'T'S: The Borrower waives the rights of demand, protest, notice of acceptance of this Note, notice of default or dishonor, presentment, notice of loans made, credit extended, collateral received or delivered or other action taken by the Lender hereunder and all other demands and notices of any description. MULTIPLE BORROWERS: In the event that the word "Borrower" refers to more than one person or entity, all representations and obligations under this Note shall be joint and several. LENDER'S RIGHTS: The Lender shall not be deemed to have waived any of its rights under this Note or otherwise unless such waiver is in writing and signed by the Lender. Lender's failure to require strict performance of the terms, covenants and agreements of this Note or any other of the Loan Documents, or any delay or omission on the part of the Lender in exercising any right, or any acceptance of partial or adequate payment or performance shall not waive, affect or diminish such right or Borrower's duty of compliance and performance therewith. A waiver on any one occasion shall not be construed as a bar to or waiver of the same or any other right on the same or any future occasion. All rights and remedies of the Lender under this Note or any other of the Loan Documents, shall be cumulative and may be exercised singularly or concurrently. This Note may be negotiated, extended or renewed by the Lender without releasing the Borrower or any Co-Obligor. GOVERNING LAW; SEVERABILITY: This Note shall be construed in all respects in accordance with, and governed by, the internal laws of the State set forth in Lender's address, above (the "State"). Wherever possible, each provision of this Note shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Note shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note. This Note has been delivered to Lender and accepted by Lender in the State. If there is a lawsuit involving this Note, Borrower hereby irrevocably submits to the jurisdiction of the courts of the State (and the federal courts located in the State). MODIFICATION: This Note may not be altered or amended except by an agreement in writing signed by both Lender and Borrower. APPLICATION OF PAYMENT: Borrower irrevocably waives the right to direct the application of any and all payments at any time or times hereafter received by Lender from Borrower, or from any other source, and Borrower does hereby irrevocably agree that Lender shall have the continuing exclusive right to apply and reapply any and all payments received at any time or times hereafter against the Obligations in such manner as Lender may deem advisable. ASSIGNMENT; SUCCESSORS AND ASSIGNS: Borrower shall not be entitled to assign any of its rights or obligations under this Note without Lender's prior written consent- Lender shall be entitled to assign some or all of its rights under this Note without notice to or consent of Borrower. This Note shall be binding upon and inure to the benefit of Borrower, Lender and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees. WAIVER OF JURY TRIAL: LENDER AND BORROWER EXPRESSLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS, WHETHER ARISING UNDER THE UNITED STATES OR ANY STATE CONSTITUTION, ANY RULES OF CIVIL PROCEDURE, COMMON LAW OR OTHERWISE, TO DEMAND A TRIAL BY JURY IN ANY ACTION, LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE BASED UPON. OR ARISING OUT OF, THIS NOTE OR THE LOAN DOCUMENTS, ANY AGREEMENTS ARISING UNDER OR RELATING TO THIS NOTE, ANY COLLATERAL SECURING THE OBLIGATIONS, OR THE DEALINGS OR RELATIONSHIPS BETWEEN OR AMONG LENDER AND BORROWER, OR ANY OF THEM. NEITHER LENDER NOR BORROWER, INCLUDING ANY ASSIGNEE OR SUCCESSOR OF LENDER OR BORROWER, SHALL SEEK A JURY TRIAL IN ANY SUCH ACTION. NEITHER LENDER NOR BORROWER SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION WHEN A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER LENDER NOR BORROWER HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. BORROWER EXPRESSLY AGREES THAT THE INTEREST RATES SPECIFIED IN THIS NOTE SHALL BE THE APPLICABLE INTEREST RATES DUE (A) ON AMOUNTS OUTSTANDING DURING THE TERM OF THIS NOTE, SUBJECT TO THE MAXIMUM RATE PRESCRIBED ABOVE, AND (B) WITH RESPECT TO ANY AMOUNT OUTSTANDING ON AND AFTER THE MATURITY DATE OF THIS NOTE. Page 7 WAIVER: If the "State" (as defined above) is Connecticut, the following applies: BORROWER ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS NOTE IS A PART IS A COMMERCIAL TRANSACTION AND TO THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278a TO 52-278n, INCLUSIVE, OR BY OTHER APPLICABLE LAW, BORROWER WAIVES ANY RIGHTS THAT BORROWER HAS TO NOTICE AND HEARING WrM RESPECT TO ANY PREJUDGMENT REMEDY WHICH LENDER, OR ITS SUCCESSORS OR ASSIGNS, MAY DESIRE TO USE; AND BORROWER FURTHER WAIVES ANY REQUIREMENT THAT LENDER POST A BOND OR OTHER SECURITY IN CONNECTION WITH SUCH PREJUDGMENT REMEDY. MAINE: If the address for the Borrower is Maine, the following notice applies: Notice . Under Maine law, no promise, contract or agreement to lend money, extend credit, forbear from collection of a debt or make any other accommodation for the repayment of a debt for more than $250,000 may be enforced in court against Lender, unless the promise, contract or agreement is in wtitine and signed by Lender. Accordingly, Borrower cannot enforce any oral promise to extend credit unless it is contained in a written document signed by Lender, nor can any change, forebearance, or other accommodation relating to any extension of credit by Lender to Borrower be enforced, unless it is in writing signer by ender Possession: CONFESSION OF JUDGMENT: If the collateral address is Pennsylvania, the following applies: Grantee may enter upon and take possession of the Premises with or without legal action, and by force if necessary, collect therefrom all rentals (which term shall also include sums payable for use and occupation) and, after deducting all costs of collection and administration expense, apply the net rentals to any one or more of the following items in such manner and in such order of priority as Grantee, in Grantee's sole discretion, may elect: the payment of any sums due under any prior lien, taxes, water and sewer rents, charges and claims, insurance premiums and all other carying charges, and to the maintenance, repair or restoration of the Premises, or on account of the Liabilities; in and for that purpose Grantor hereby assigns to Grantee all rentals due and to become due under any lease or leases or rights to use and occupation of the Premises hereafter created, as well as all rights and remedies provided in such lease or leases or at law or in equity for the collection of the rentals. FOR THE PURPOSE OF OBTAINING POSSESSION OF THE PREMISES FOLLOWING ANY DEFAULT HEREUNDER OR UNDER ANY OF THE LIABILITIES, GRANTOR IRREVOCABLE AUTHORIZES AND EMPOWERS ANY ATTORNEY OF RECORD, OR THE PROTHONOTARY, CLERK OR SIIMI LAR OFFICER, OF ANY COURT IN THE COMMONWEALTH OF PEENSYULVANIA OR ELSEWHERE, AS ATTORNEY FOR GRANTOR, AS WELL AS FOR THE PERSONS CLAIMING UNDER, BY, OR THROUGH GRANTOR, TO SIGN AN AGREEMENT FOR ENTERING THEREIN AN APPROPRIATE ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES (WITHOUT THE NECESSITY OF FILING ANY BOND AND WITHOUT ANY STAY OF EXECUTION OR APPEAL) AGAINST GRANTOR AND ALL PERSONS CLAIMING UNDER, BY, OR THROUGH GRANTOR, AND THEREIN CONFESS JUDGMENT FOR THE RECOVERY BY GRANTEE OF POSSESSION OF TIRE PREMISES FOR WHICH THIS INSTRUMENT (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE A SUFFICIENT WARRANT; WHEREUPON A WRIT OF POSSESSION OF THE MORTGAGED PREMISES MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER, GRANTOR HEREBY RELEASING AND AGREEING TO RELEASE GRANTEE AND ANY SUCH ATTORNEY FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER IN ENTERING SUCH ACTION OR JUDGMENT OR IN CAUSING SUCH WRIT OR PROCESS TO BE ISSUED OR IN ANY PROCEEDING THEREON OR CONCERNING THE SAME, PROVIDED THAT GRANTEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT MADE ON GRANTEE'S BEHALF SETTING FORTH THE FACTS NECESSARY TO AUTHORIZE THE ENTRY OF SUCH JUDGMENT ACCORDING TO THE TERMS OF THIS INSTRUMENT, OF WHICH FACTS SUCH AFFIDAVIT SHALL BE PRIMA FACIE EVIDENCE. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER ANY SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR TERMINATED, OR POSSESSION OF THE MORGAGED PREMISES REMAIN IN OR BE RESTORED TO GRANTOR OR ANYONE CLAIMING UNDER, BY, OR THROUGH GRANTOR, GRANTEE MAY, WHEREVER AND AS OFTEN AS GRANTEE SHALL HAVE THE RIGHT TO TAKE POSSESSION AGAIN OF THE MORTGAGED PREMISES, BRING ONE OR MORE FURTHER ACTIONS IN THE MANNER HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF THE PREMISES AND TO CONFESS JUDGMENT THEREIN AS HERINABOVE PROVIDED, AND THE AUTHORITY AND POWER ABOVE GIVEN TO ANY SUCH ATTORNEY SHALL EXTEND TO ALL SUCH FURTHER ACTIONS IN EJECTMENT AND CONFESSION OF JUDGMENT THEREIN AS HEREINABOVE PROVIDED, WHETHER BEFORE OR AFTER AN ACTION OF MORTGAGE FORECLOSURE IS BROUGHT OR OTHER PROCEEDINGS IN EXECUTION ARE INSTITUTED UPON THIS MORTGAGE OR UPON ANY INSTRUMENT THEN EVIDENCING ANY OF THE LIABILITIES, AND AFTER JUDGMENT THEREON OR THEREIN AND AFTER A JUDICIAL SALE OF THE PREMISES. BORROWER j ROBE// HBLA By: ° ?ia?c_.,?? Nam ' .P..l/•?d/,sew W' ess Title: Witness BORROWER By:_ Name: Title: `Ar CITIZENS BANK ?A Business . J , =or Bank usa nly: Brarch Saks Person Name Jsof r [erAAM/ s arM Name: ' /! Branch a 1 / f BrancfA Fdx ?t'917 f131 Phone .01740a 91,3 Cell ? Sala ID Credit Reque,,t Information PlAOrre: bans!.'. 1.0" WdPW ltatde atich exec aw land) w 1dou tuntr (t ,ftwo p ptgl g A o 9 9e. hc.llwe &* J?? _ EM?AgB _ '-Cy M8wd9usrte:s (rWPO lllt ,r Aseler;?- 4 State 9 711 L T- /a C"d.17-J' Tax IN .1aSL F/OW -?... _- JI?- •err. d realty ?s. plena adanaRCay dadtrd paymema trap dr¢1u Bank i.Ye/1 9 z f'?. 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WW ft C,eat Lift ssa? t rW wgaer)raedutlaaebregl:y a._? r. pio aJ+R«A.ct LY aRaMSaabmy Gbipaii-onowig at Nlt 06M.6 amofineIN-Meora 9 wauirW.isa vaatt4cc?ca^NtacivNtd adtawayls201day. _ =-_xr;-•aMJgres b'x[:.r.!dtYlne Gde.•R:ervi Tl,6I'iVNaCY•/9M6>?':i?IIDYGNartalrit LEpydTlaPa.lnlf lC4fq.9 t?ladaa/4]rM aAKlMr. tMe - "' :-:r5:nun.c:aA?'p'Ji'i.'aahµldvlp.0:tad Yawtaratrngalydrr tltMON Y.M1W1rNlapllA a.wa?Iriglt:C a4Y a.Mt.°Oddl.UtYald dwpaa.[M ?aCWIMIetaMtrAyiy -"'._.+nJx?..••n:ntrn-a..cea!«tro'ema4+r+nar.n.e GuaanwfW be 4rch Wer?.v4 kWb et 001Pmiw d7MGamsa.TM Gm"artanwd kr tsaane.a. =.':ti<':::••.::.;.->•ez •+-..-Mn_'cv e•ae ao:.sdau a?tt? t1 PWaMlwway wn me aamler RarndMrGe ??Guragv talwtartt. deerM.p Polo-ima:4loia reSaraahadapwttdtrrmMtlq. _ 9naau/a.gMdsad ags?par '>S!?-:4crva wJ rw uenyd?grcondlro f4avmy Jte ereyxl.,Me,-,n.nry:yredbp.e.mi: GuvanlYSNlixalb MRMIdIMyaDsquta naldlydbe Cdc aw V W •-•r-•%Y:1 a>.t..a re ConnMY wnnrtairaMd[dbtNeeNldaeanmff..RnaJtJtlersdrsM-n,rH.........J -VIA, -w 5s' / Guaran'Ors Name(Pttase dnm) Guaramors N&M(ptassa,.M /e -/1--aJ Date Guarantor's Dnvars License R Z /'7.S 7cfZ 7 Data Guaran_or's Signature Guarantors Drivers Lwense a Member FDIC1REcit-I Houstne fender EXHIBIT "B" Documentl7 CITIZENS BANK C Lik Guarantor Name and Address: ROBERT H BLACK 1788 NORTH MEADOW DRIVE MECHANICSBURG, PA 17055 Borrower: R.H. BLACK, INC. DBA CUSTOM PATIO ROOMS OF CENTRAL PA Date: 11/14/2003 Lender: Cldzena Bank of Rhode island 1 Citizens Plaza Providence, Rl 02903 Citizens Bank of Connecticut 63 Eugene &Netg Orive New London, CT 06320 Citizens Bank New Hampshire $75 Elm Street Manchester, NH 03101 Boston, MA 02109 Bank ® f? nsMwket Street Citizens 26 strreetof Massachusetts State ° YNanla Philadelphia, PA 19103 CM. 918 North Market Street, Suite 200 WlMdngkm DE 19601 GUARANTY GUARANTY, dated as of the date set forth above by the Guarantor shown above (the "Guarantor") in favor of Lender shown above (the "Lender"). In consideration of the Lender's giving, in its discretion, time, credit or banking facilities or accommodations to Borrower (together with its successors, the "Customer"), the Guarantor agrees as follows: 1. GUARANTY OF PAYMENT AND PERFORMANCE: The Guarantor hereby guarantees to the Lender the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance, of all liabilities, agreements and other obligations of the Customer to the Lender, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired, whether by way of discount, letter of credit, lease, loan, overdraft or otherwise, (the "Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Lender first attempt to collect any of the Obligations from the Customer or resort to any security or other means of obtaining their payment. Payments by the Guarantor hereunder may be required by the Lender on any number of occasions. 2. UNLIMITED GUARANTY: The liability of the Guarantor hereunder shall be unlimited. 3. SECURITY: This Guaranty is secured by all securities or other property belonging to the Guarantor now or hereafter held by the Lender, all deposits (general or special, time or demand, provisions or final), and any other sums credited by or due from Lender to Guarantor or subject to withdrawal by Guarantor, and by any other mortgage, security agreement, or other security document that either- (i) specifically refers to this Guaranty, or (ii) generally secures all obligations of Guarantor to the Lender_ This Guaranty, the foregoing documents and every other document executed in connection therewith, including any amendments, extensions, modifications, renewals, replacements or substitutions thereto, are referred to in this Guaranty as the "Loan Documents." 4. GENERAL REPRESENTATIONS, COVENANTS AND WARRANTIES: The Guarantor represents, covenants and warrants to and with the Lender, on a continuing basis, as follows: (a) If the Guarantor is a corporation or other business entity, it shall at all times be duly organized, in good standing and duly qualified to do business in any applicable state or jurisdiction, shall maintain its business name as shown above and shall have the power and authority to do any act necessary or appropriate to perform its obligations under the Loan Documents, and shall have obtained and be in compliance with the terms and conditions of all governmental permits and Guaranty - Rev_ 06/02 Page 2 approvals necessary to the conduct of the Guarantor's business. The Guarantor has authorized the transactions evidenced by the Loan Documents by all necessary corporate or other action. The Guarantor has all necessary corporate or other power to enter into such transactions, and the Loan Documents are the valid and binding obligation of the Guarantor, enforceable in accordance with their terms. (b) The Guarantor has and shall at all times maintain and provide to the Lender upon request complete and accurate financial reports, books and records of all assets, liabilities and business affairs of the Guarantor, utilizing generally accepted accounting principles consistently applied, in a form and in such detail as shall be satisfactory to the Lender, and which are and will be true correct and complete. (c) The Lender shall have the right to inspect the Guarantor's books, records, journals, orders, receipts, invoices and any correspondence and other data relating to the Guarantor's business or to any transactions between the parties hereto. (d) This Guaranty relates to one or more loans for business or commercial purposes, and no part of the proceeds of the loan(s) shall be used for personal, family or household purposes; (e) The Guarantor hereby covenants not to sell, transfer, assign or otherwise alienate any of its property or assets, other than in the ordinary course of business or with the prior written consent of the Lender. 5. EVENTS OF DEFAULT: The following shall be events of default under this Guaranty (each referred to herein as a "Default")_ (a) Failure by Customer, Guarantor or any co-obligor, endorser, guarantor or surety for or under any of the Obligations (each referred to herein as a "Co-Obligor"), to make full and prompt payment when due, of any amount required to be paid to Lender under any of the Loan Documents or any other agreement; (b) Failure by Customer, Guarantor or any Co-Obligor to perform keep or observe any other term, provision, condition, covenant, agreement, warranty or representation contained in any of the Loan Documents or any other agreement with or in favor of Lender, which failure continues for ten (10) days after notice thereof by Lender to the person or entity required to perform, keep or observe such term, provision, condition, covenant, agreement, warranty or representation; (c) If any representation, statement, report or certificate made or delivered by Customer, Guarantor or any Co-Obligor is false or incorrect in any material respect when made or delivered; (d) If any attachment, trustee process, lien, execution, levy, injunction, or receivership issued or made against the Customer, Guarantor, any Co-Obligor or any Collateral securing the Obligations (referred to herein as "Collateral") is not removed within thirty (30) days or if any final judgment and execution issued against Customer, Guarantor or any Co-Obligor remains unsatisfied for thirty (30) days; (e) The entry of a decree or order for relief with respect to the Customer, Guarantor or any Co-Obligor in an involuntary case under the federal bankruptcy law, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, trustee, custodian (or similar official) of or for the Customer, Guarantor or any Co-Obligor, or ordering the winding-up or liquidation of its affairs which is not promptly contested and released or discharged within sixty (60) days; (f) The commencement by the Customer, Guarantor or any Co-Obligor of a voluntary case under the federal bankruptcy taw, as now constituted or hereafter amended, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by Customer, Guarantor or any Co-Obligor to the appointment of or taking possession by a receiver, liquidator, trustee, custodian (or other similar official) of or for the Customer, Guarantor or any Co-Obligor or for any substantial part of its property, or the making by Customer, Guarantor or any Co-Obligor of any assignment for the benefit of creditors, or the insolvency or the failure of the Customer, Guarantor or any Co-Obligor generally to pay its debts as such debt become due, or the taking of action by the Customer, Guarantor or any Co-Obligor in furtherance of any of the foregoing; (g) Loss or destruction of or substantial damage to any material portion of the Collateral; (h) Default which has not been cured during any applicable cure period in the prompt payment, performance or observance of any terra, provision, condition, covenant, warranty or representation set forth in any mortgage, lien or encumbrance affecting the Collateral, whether or not such mortgage, lien or encumbrance is senior or junior to Lender's interest therein and whether or not such mortgage, lien or encumbrance has Page 3 been consented to by Lender, provided, however, that nothing herein shall be deemed to be a consent by Lender, implied or otherwise, to the granting of any mortgage, lien or encumbrance on the Collateral; (i) Such a change in the condition or affairs (financial or otherwise) of the Customer, Guarantor or any Co-Obligor, or decline in the value of the Collateral as, in the opinion of the Lender, materially impairs the Lender's security or increases its risk or if the Lender in good faith deems itself insecure. 6. POWERS UPON DEFAULT: Upon the occurrence of any Default or at any time thereafter, Lender may, at its option, without notice or demand, do any one or more of the following, in addition to any other right or remedy that Lender may have at law or in equity or given to Lender under any of the Loan Documents, all of which are hereby authorized by Guarantor. (a) Declare the Obligations immediately due and payable; (b) Cease advancing money or extending credit to or for the benefit of the Guarantor and/or the Customer under any agreement; (c) Set-off against any and all deposits, accounts, certificate of deposit balances, claims, or other sums at any time credited by or due from the Lender to the Guarantor and against all other property of Guarantor in the possession of Lender or under its control; (d) Realize immediately upon any Collateral; (e) Declare that interest shall accrue on the Obligations at a rate (the "Default Rate") equal to the lesser of (i) the sum of the applicable interest rate under the relevant Obligation, plus four percent (40/.), and (ii) the maximum interest rate imposed by applicable law. 7. COLLECTION EXPENSES: The Guarantor agrees to pay all actual costs of collection and attempted collection, including, without limitation: (a) those expenses incurred or paid to protect, preserve, collect, lease, sell, repair, improve, advertise, locate, take possession of, liquidate or otherwise deal with any Collateral, (b) expenses of dealing with any person or entity in any bankruptcy proceeding, (c) all out-of-pocket expenses incurred by the Lender for the Lender's attorney and paralegal fees, disbursements, and costs, all at such rates and with respect to such services as the Lender in its sole discretion may elect to pay (as such rates may vary from time to time during the course of the performance of such services) including the costs of attorneys who are employees of the Lender, and (d) the costs of appraisers, engineers, investment bankers, environmental consultants and other experts that may be retained by the Lender in connection with such collection efforts. Such costs will be added to the unpaid balance of the Obligations. S. WAIVERS BY GUARANTOR; LENDER'S FREEDOM TO ACT: The Guarantor agrees that the Obligations will be paid and performed strictly in accordance with their respective terms regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the Lender with respect thereto. The Guarantor waives presentment, demand, protest, notice of acceptance, notice of Obligations incurred and all other notices of any kind, all defenses which may be available by virtue of any valuation, stay, moratorium law or other similar law now or hereafter in effect, any right to require the marshalling of assets of the Customer, and all suretyship defenses generally. Without limiting the generality of the foregoing, the Guarantor agrees to the provisions of any instrument evidencing, securing or otherwise executed in connection with any Obligation and agrees that the obligations of the Guarantor hereunder shall not be released or discharged, in whole or in part, or otherwise affected by (a) the failure of the Lender to assert any claim or demand or to enforce any right or remedy against the Customer, (b) any extensions or renewals of any of the Obligations; (c) any rescissions, waivers, amendments or modifications of any of the terms or provisions of any agreement evidencing, securing or otherwise executed in connection with any of the Obligations; (d) the substitution or release of any entity primarily or secondarily liable for any of the Obligations; (e) the adequacy of any rights the Lender may have against any collateral or other means of obtaining repayment of the Obligations; (f) the impairment of any Collateral, including without limitation the failure to perfect or preserve any rights the Lender might have in such Collateral or the substitution, exchange, surrender, release, loss or destruction of any such Collateral; or (g) any other act or omission which might in any manner or to any extent vary the risk of the Guarantor or otherwise operate as a release or discharge of the Guarantor, all of which may be done without notice to the Guarantor. 9. UNENFORCEABILTTY OF OBLIGATIONS AGAINST CUSTOMER: If for any reason the Customer has no legal existence or is under no legal obligation to discharge any of the Obligations, or if any of the Obligations have become irrecoverable from the Customer by operation of law or for any other reason, this Guaranty shall nevertheless be binding on the Guarantor to the same extent as if the Guarantor at all times had been the principal obligor on all such Obligations. In the event that acceleration of the time for payment of the Obligations is stayed upon the insolvency, bankruptcy or reorganization of the Customer, or for any other reason, all such amounts otherwise subject to acceleration under the terms of any agreement evidencing, securing or otherwise executed in connection with any Obligation shall be immediately due and payable by the Guarantor. Page 4 10. SUBROGATION; SUBORDINATION: Until the payment and performance in full of all Obligations, the Guarantor shall not exercise any rights against the Customer arising as a result of payment by the Guarantor hereunder, by way of subrogation or otherwise, and will not prove any claim in competition with the Lender in respect of any payment hereunder in bankruptcy or insolvency proceedings of any nature; the Guarantor will not claim any set-off or counterclaim against the Customer in respect of any liability of the Guarantor to the Customer, and the Guarantor waives any benefit of and any right to participate in any collateral which may be held by the Lender. The payment of any amounts due with respect to any indebtedness of the Customer now or hereafter held by the Guarantor is hereby subordinated to the prior payment in full of the Obligations, provided that so long as no default in the payment or performance of the Obligations has occurred and is continuing, or no demand for payment of any of the Obligations has been made that remains unsatisfied, the Customer may make, and the Guarantor may demand and accept, any scheduled payments of principal of and interest on such subordinated indebtedness in the amounts, at the rates and on the dates specified in such instruments, securities or other writings as shall evidence such subordinated indebtedness. The Guarantor agrees that after the occurrence of any default in the payment or performance of the Obligations, the Guarantor will not demand, sue for or otherwise attempt to collect any such indebtedness of the Customer to the Guarantor until the Obligations shall have been paid in full. If, notwithstanding the foregoing sentence, the Guarantor shall collect, enforce or receive any amounts in respect of such indebtedness, such amounts shall be collected, enforced and received by the Guarantor as trustee for the Lender and be paid over to the Lender on account of the Obligations without affecting in any manner the liability of the Guarantor under the other provisions of this Guaranty. 11. TERMINATION; REINSTATEMENT: This Guaranty shall remain in full force and effect until the Lender is given written notice of the Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall affect any rights of the Lender, with respect to Obligations incurred prior to a date that is ten (10) business days after the actual receipt of such notice ("Revocation Effective Date") or Obligations incurred pursuant to any contract or commitment in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Customer and drawn on the Lender or any of its agents purporting to be dated on or before the Revocation Effective Date, although presented to and paid or accepted by the Lender after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to an Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the Customer, or otherwise, all as though such payment had not been made or value received Any notice of revocation must be hand delivered or sent by certified U.S. mail, return receipt requested, in either case to the address set forth above or another address established by Lender under Section 19. 12_ MULTIPLE GUARANTORS: In the event that the word "Guarantor" refers to more than one person or entity, all representations and obligations under this Guaranty shall be joint and several. 13. LENDER'S RIGHTS: The Lender shall not be deemed to have waived any of its rights under this Guaranty or otherwise unless such waiver is in writing and signed by the Lender. Lender's failure to require strict performance of the terms, covenants and agreements of this Guaranty or any other of the Loan Documents, or any delay or omission on the part of the Lender in exercising any right, or any acceptance of partial or adequate payment or performance shall not waive, affect or diminish such right or Guarantor's duty of compliance and performance therewith. A waiver on any one occasion shall not be construed as a bar to or waiver of the same or any other right on the same or any future occasion. All rights and remedies of the Lender under this Guaranty or any other of the Loan Documents, shall be cumulative and may be exercised singularly or concurrently. The Obligations may be negotiated, extended or renewed by the Lender without releasing the Guarantor or any Co-Obligor. 14. SURVIVAL OF REPRESENTATIONS: All representations and warranties of Guarantor, and all terms, provisions, conditions and agreements to be performed by Guarantor contained herein shall be true and satisfied at the time of the execution of this Guaranty, and shall survive the closing hereof and the execution and delivery of this Guaranty- 15. GOVERNING LAW; JURISDICTION; SEVERABILITY: This Guaranty is accepted by Lender in the state set forth in Lender's address above (the "State"). This Guaranty shall be construed in all respects in accordance with, and governed by, the internal laws of the State. Wherever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Guaranty shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty- Guarantor hereby irrevocably consents to the jurisdiction of the courts of the State (and of Page 5 the federal courts located in the State) for the resolution of any action brought with respect to this Guaranty or the Obligations. Guarantor agrees that service of process in any such action may be made on Guarantor by U.S. mail, certified, return receipt requested, at Guarantor's address set forth above. Guarantor waives any objection to service of process, jurisdiction or venue in any action brought in conformity with this section. 16. MODIFICATION: This Guaranty may not be altered or amended except by an agreement in writing signed by both Lender and Guarantor. 17. APPLICATION OF PAYMENT: Guarantor irrevocably waives the right to direct the application of any and all payments at any time or times hereafter received by Lender from Guarantor, or from any other source, and Guarantor does hereby irrevocably agree that Lender shall have the continuing exclusive right to apply and reapply any and all payments received at any time or times hereafter against the Obligations in such manner as Lender may deem advisable. 18. SECTION TITLES: The section titles contained in this Guaranty are for convenience only and shall not affect the construction or meaning of this Guaranty. 19. NOTICES: All notices and other communications required or permitted under this Guaranty shall be in writing and shall be personally delivered or given by facsimile, or by registered or certified mail. Except for notices of revocation of this Guaranty, any such notice shall be deemed effective on the earlier of (a) the time when such notice is actually received or (b) when deposited in the United States mail, postage prepaid and addressed as set forth at the beginning of this document. Any notice of revocation of this Guaranty must be given in accordance with Section 11. Any party may change the address to which its future notices shall be sent by notice given as provided above, to be effective upon receipt. 20. ASSIGNMENT; SUCCESSORS AND ASSIGNS: Guarantor shall not be entitled to assign any of its rights or obligations under this Guaranty without Lender's prior written consent. Lender shall be entitled to assign some or all of its rights under this Guaranty without notice to or consent of Guarantor. This Guaranty shall be binding upon and inure to the benefit of Lender, Guarantor and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees. 21, WAIVER OF JURY TRIAL: LENDER AND GUARANTOR EXPRESSLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS, WHETHER ARISING UNDER THE UNITED STATES OR ANY STATE CONSTITUTION, ANY RULES OF CIVIL PROCEDURE, COMMON LAW OR OTHERWISE, TO DEMAND A TRIAL BY JURY IN ANY ACTION, LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE BASED UPON, OR ARISING OUT OF, THIS GUARANTY OR THE LOAN DOCUMENTS, ANY AGREEMENTS ARISING UNDER OR RELATING TO THIS GUARANTY, ANY COLLATERAL SECURING THE OBLIGATIONS, OR THE DEALINGS OR RELATIONSHIPS BETWEEN OR AMONG LENDER AND GUARANTOR OR ANY OF THEM. NEITHER LENDER NOR GUARANTOR, INCLUDING ANY ASSIGNEE OR SUCCESSOR OF LENDER OR GUARANTOR, SHALL SEEK A JURY TRIAL IN ANY SUCH ACTION. NEITHER LENDER NOR GUARANTOR SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION WHEN A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER LENDER NOR GUARANTOR HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. 22- WAIVER: If the "State" (as defined above) is Connecticut, the following applies: GUARANTOR ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS GUARANTY IS A PART IS A COMMERCIAL TRANSACTION AND TO THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL STATUTES SECTIONS 52-278a TO 52-278n, INCLUSIVE, OR BY OTHER APPLICABLE LAW, GUARANTOR WAIVES ANY RIGHTS THAT GUARANTOR HAS TO NOTICE AND HEARING WITH RESPECT TO ANY PREJUDGMENT REMEDY WHICH LENDER, OR ITS SUCCESSORS OR ASSIGNS, MAY DESIRE TO USE; AND BORROWER FURTHER WAIVES ANY REQUIREMENT THAT LENDER POST A BOND OR OTHER SECURITY IN CONNECTION WITH SUCH PREJUDGMENT REMEDY. Page 6 23. MAINE DISCLOSURE: If the address for the Borrower is Maine, the following notice applies: Notice. Under Maine law, no promise, contract or agreement to lend money, extend credit, forbear frvm collection of a debt or make any other accommodation for the repayment of a debt for more than $250,000 may be enforced in court against Lender, unless the promise, contract or agreement is ' and signed by Lender. Accordingly Borrower cannot enforce any oral promise to extend credit unless it is contained in a written document signed by Lender, nor can any change, forbearance, or other accommodation relating to any extension of credit by Lender to Borrower be enforced, unless it is in writing signed by Lender Possession: CONFESSION OF JUDGMENT: If the collateral address is Pennsylvania, the following applies: Grantee may enter upon and take possession of the Premises with or without legal action, and by force if necessary, collect therefrom all rentals (which term shall also include sums payable for use and occupation) and, after deducting all costs of collection and administration expense, apply the net rentals to any one or more of the following items in such manner and in such order of priority as Grantee, in Grantee's sole discretion, may elect: the payment of any sums due under any prior lien, taxes, water and sewer rents, charges and claims, insurance premiums and all other carrying charges, and to the maintenance, repair or restoration of the Premises, or on account of the Liabilities; In and for that purpose Grantor hereby assigns to Grantee all rentals due and to become due under any lease or leases or rights to use and occupation of the Premises hereafter created, as well as all rights and remedies provided in such lease or leases or at law or is equity for the collection of the rentals. FOR THE PURPOSE OF OBTAINING POSSESSION OF THE PREMISES FOLLOWING ANY DEFAULT HEREUNDER OR UNDER ANY OF THE LIABILITEL% GRANTOR IRREVOCABLE AUTHORIZES AND EMPOWERS ANY ATTORNEY OF RECORD, OR THE PROTHONOTARY, CLERK OR SIMILAR OFFICER, OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, AS ATTORNEY FOR GRANTOR, AS WELL AS FOR THE PERSONS CLAIMING UNDER, BY, OR THROUGH GRANTOR, TO SIGN AN AGREEMENT FOR ENTERING THEREIN AN APPROPRIATE ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES (WITHOUT THE NECESSITY OF FILING ANY BOND AND WITHOUT ANY STAY OF EXECUTION OR APPEAL) AGAINST GRANTOR AND ALL PERSONS CLAIMING UNDER, BY, OR THROUGH GRANTOR, AND THEREIN CONFESS JUDGMENT FOR THE RECOVERY BY GRANTEE OF POSSESSION OF THE PREMISES FOR WHICH THIS INSTRUMENT (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE A SUFFICIENT WARRANT; WHEREUPON A WRIT OF POSSESSION OF THE MORTGAGED PREMISES MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER, GRANTOR HEREBY RELEASING AND AGREEING TO RELEASE GRANTEE AND ANY SUCH ATTORNEY FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER IN ENTERING SUCH ACTION OR JUDGMENT OR IN CAUSING SUCH WRIT OR PROCESS TO BE ISSUED OR IN ANY PROCEEDING THEREON OR CONCERNING THE SAME, PROVIDED THAT GRANTEE SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT MADE ON GRANTEE'S BEHALF SETTING FORTH THE FACTS NECESSARY TO AUTHORIZE THE ENTRY OF SUCH JUDGMENT ACCORDING TO THE TERMS OF THIS INSTRUMENT, OF WHICH FACTS SUCH AFFIDAVIT SHALL BE PRIMA FACIE EVIDENCE. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER ANY SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR TERMINATED, OR POSSESSION OF THE MORTGAGED PREMISES REMAIN IN OR BE RESTORED TO GRANTOR OR ANYONE CLAIMING UNDER, BY, OR THROUGH GRANTOR, GRANTEE MAY, WHEREVER AND AS OFTEN AS GRANTEE SHALL HAVE THE RIGHT TO TAKE POSSESSION AGAIN OF THE MORTGAGED PREMISES, BRING ONE OR MORE FURTHER ACTIONS IN THE MANNER HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF THE PREMISES AND TO CONFESS JUDGMENT THEREIN AS HEREINABOVE PROVIDED, AND THE AUTHORITY AND POWER ABOVE GIVEN TO ANY SUCH ATTORNEY SHALL EXTEND TO ALL SUCH FURTHER ACTIONS IN EJECTMENT AND CONFESSION OF JUDGMENT THEREIN AS HEREINABOVE PROVIDED, WHETHER BEFORE OR AFTER AN ACTION OF MORTGAGE FORECLOSURE IS BROUGHT OR OTHER PROCEEDINGS IN EXECUTION ARE INSTITUTED UPON THIS MORTGAGE OR UPON ANY INSTRUMENT THEN EVIDENCING ANY OF THE LIABILITIES, AND AFTER JUDGMENT THEREON OR THEREIN AND AFTER A JUDICIAL SALE OF THE PREMISES. Witness G SjKi / L ROB RT H 'BLACK HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA 525 William Penn Place, Suite 2720 Pittsburgh, PA 15219-1712 Plaintiff, V. R.H. BLACK, INC. d/b/a CUSTOM PATIO ROOMS OF CENTRAL PA 2250 Bumble Bee Hollow Road Mechanicsburg, PA 17055 AND COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. ROBERT H. BLACK 1788 North Meadow Drive Mechanicsburg, PA 17055 Defendants AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ss. BEFORE ME, the undersigned authority, a Notary Public in and for said State and County, personally appeared Timothy N. Toth, Vice President of Citizens Bank, whose identity as such officer was known to me or established to my satisfaction, and who, after having been duly sworn according to law, deposes and says as follows: 1. I am over eighteen (18) years of age, and am currently employed by Citizens Bank, in the capacity set forth above, and as such am duly authorized to make this Affidavit on its behalf. 2. As such Officer, I have responsibility for handling the files and litigation concerning the loan documents and collateral described in the foregoing Complaint, and am fully familiar with the facts therein described. 3. The facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. 773141_1 4. The documents attached as Exhibits "A" and "B" to the foregoing Complaint are true and correct copies of the originals. 5. I make this Affidavit on behalf of Citizens Bank, on the basis of my own knowledge, and I hereby acknowledge that the statements contained herein are made subject to the penalties for perjury pursuant to 18 Pa.C.S.A. § 4901 et sew, .., and/or false swearing before notaries public pursuant to 18 Pa.C.S.A. § 4903, and/or for unworn verification to authorities pursuant to 18 Pa.C.S.A. § 4904, as applicable, and am aware that if any of the statements I have made herein are willfully false, that I am subject to such penalties. CITIZENS By: ?--V & Timothy N. T ice President Date: February 7 , 2007 SWORN TO and SUBSCRIBED before me, this 7* day of February, 2007 Notary Public My Commission Expires: /0`/13/0 9 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Andrea L. Quattrone, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Oct. 13, 2009 Member, Pennsylvania Association of Notaries 7731411 n C O HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA 525 William Penn Place, Suite 2720 Pittsburgh, PA 15219-1712 Plaintiff, V. R.H. BLACK, INC. d/b/a CUSTOM PATIO ROOMS OF CENTRAL PA 2250 Bumble Bee Hollow Road Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2007-01121 AND ROBERT H. BLACK 1788 North Meadow Drive Mechanicsburg, PA 17055 Defendants. PRAECIPE PURSUANT TO PA.R.CIV.P. RULE 1037(a) TO ENTER JUDGMENT BY DEFAULT AND FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please enter a Judgment, by Default, in favor of the Plaintiff, Citizens Bank, and against the Defendants, R.H. Black, Inc. d/b/a Custom Patio Rooms of Central PA and Robert H. Black, pursuant to Pa.R.Civ.P. Rule 1037(a), for their failure to file an answer or other response to the Complaint in which has been filed against and served upon them in connection with the above-captioned matter, based upon the attached Certification of Counsel, for the amount due under the subject loan, and assess damages as follows: 7766501 Principal Balance $ 98,343.32 Accrued Interest to 02/02/2007 2,240.05 Attorneys Fees (5%) 5,029.17 Total Due $105,612.54 Interest continues to accrue from and after February 2, 2007 in the amount of $28.00 per day, in accordance with the terms of the Note. Respectfully submitted, HARVEY ? PENNINGTON, LTD. By: Robert J. Murtaugh, Esquire Pa. Id. No. 57494 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone Number (215) 563-4470 Facsimile Number: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank Dated: April 10, 2007 776650_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA 525 William Penn Place, Suite 2720 Pittsburgh, PA 15219-1712 Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW R.H. BLACK, INC. d/b/a CUSTOM PATIO ROOMS OF CENTRAL PA 2250 Bumble Bee Hollow Road No. 2007-01121 Mechanicsburg, PA 17055 AND ROBERT H. BLACK 1788 North Meadow Drive Mechanicsburg, PA 17055 Defendants CERTIFICATION OF COUNSEL PURSUANT TO PA.R.CIV.P. RULE 237.1 IN SUPPORT OF PRAECIPE PURSUANT TO PA.R.CIV.P. RULE 1037(a) TO ENTER JUDGMENT BY DEFAULT AND FOR ASSESSMENT OF DAMAGES NOW COMES the undersigned counsel of record for Citizens Bank and pursuant to Pa.R.Civ.P. Rule 237.1 files the following Certification in Support of its Praecipe to Enter Judgment by Default: 1. On February 28, 2007, Plaintiff commenced the above-captioned action by filing a Complaint against the Defendant, which was duly endorsed with a Notice to Defend (the "Complaint"). 2. On March 5, 2007, the Complaint was served upon the Defendants via the Cumberland County Sheriff's Office and true and correct copies of the Affidavits of Service are attached hereto, made a part hereof and collectively marked Exhibit "A". 3. On March 27, 2007, after the Defendants failed to file an answer or any response to the Complaint, I served the Defendants, in accordance with Rule 23 7. 1 (a)(2)(ii), a Rule 237.5 Notice of Intent to File Praecipe to Enter Judgment by Default, by certificate of 776650_1 mailing via regular mail and true and correct copies of same are attached hereto, made a part hereof and collectively marked Exhibit "B". 4. As of this date, Defendants still have not filed any answer or other response to the Complaint. 5. I make this Certification on the basis of my own knowledge, and subject to the penalties for perjury pursuant to 18 Pa.C.S.A. Section 4901 et i.., and false swearing before notaries public pursuant to 18 Pa.C.S.A. Section 4903, and/or unsworn verification to authorities pursuant to 18 Pa.C.S.A. Section 4904, as applicable. I am aware that if any of the statements made herein are willfully false, that I am subject to such penalties. HARVEY ? PENNINGTON, LTD. By:. Robert J. Murtaugh, Esquire Pa. Id. No. 57494 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone Number (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff Dated: April 10, 2007 776650_1 EXHIBIT "A" Documentl2 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01121 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS R H BLACK INC DBA CUSTOM PATIO MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon R H BLACK INC D/B/A CUSTON PATIO ROOMS OF CENTRAL PA the DEFENDANT , at 1444:00 HOURS, on the 5th day of March , 2007 at 2250 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055 by handing to ROBERT H BLACK, OWNER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.56 03/06/2007 HARVEY PENNINGTON Sworn and Subscibed to By: before me this day / eputy Sheriff of A.D. I KO n / ?... it n nn7 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01121 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS R H BLACK INC DBA CUSTOM PATIO MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BLACK ROBERT H the DEFENDANT , at 1444:00 HOURS, on the 5th day of March , 2007 at 2250 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 7 Surcharge 10.00 R. Thomas Kline .00 16.00 03/06/2007 HARVEY PENNINGTON -'? Sworn and Subscibed to By:._.. before me this day Deputy Sheriff of A.D. MAR 16 2007 EXHIBIT "B" Documentl2 ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 TELEPHONE: (570) 240-6200 HARVEY ? PENNINGTON, LTD. Date: March 27, 2007 By: Robert J. Murtaugh, Esquire Pa. Id. No.: 57494 Ron L. Woodman, Esquire Pa. Id. No.: 88450 Attorneys for Plaintiff s. POSTAL SERVICE CERTIFICATE OF MAILING Y BE USED FOR O ^ "? OVIDE FOR INSUDOMCE TSTp INTERNATIO ° o MASTER N?IL• DOES NOT ° ?N Received From: '- vJ(? ON Uj =air S HARVEY ? PENNINGTO s 0. § _a 1835 Market Street, 29th R p, , N Philadelphia, PA 19 89 ? Ix One Piece of ordinary man addressed to: J V Q 6 Q? /Nt1? Q. o- N O?1 0 ° g Uf; . PS Form 'ar ruary ZUU 1 7758371 3. I have been advised and therefore believe and aver that the Defendant, R.H. Black, Inc. d/b/a Custom Patio Rooms of Central PA, is a company and is not presently in active duty in the military or naval service of the United States of America, is not an active member of the Army of the United States, the Marine Corps. or the Coast Guard, and is not an officer of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor has it engaged in any active military service or active military duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 (the "Act") and designated therein as military service; nor has it, to the best of affiant's knowledge, enlisted in any military service covered by this Act. 4. I have been advised and therefore believe and aver that the Defendant, Robert H. Black, is an adult individual and is not presently in active duty in the military or naval service of the United States of America, is not an active member of the Army of the United States, the Marine Corps. or the Coast Guard, and is not an officer of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor has he engaged in any active military service or active military duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 (the "Act") and designated therein as military service; nor has he, to the best of affiant's knowledge, enlisted in any military service covered by this Act. 5. I make this Affidavit on behalf of Citizens Bank, on the basis of my own knowledge, and subject to the penalties for perjury pursuant to 18 Pa.C.S.A. §4901 et se,._, and false swearing before notaries public pursuant to 18 Pa.C.S.A. §4903, and/or unsworn verification to authorities pursuant to 18 Pa.C.S.A. §4904, as applicable, and am aware that if any of the statements I have made herein are willfully false, that I am subject to such penalties. CITIZENS BANK By: HARVEY ? PENNINGTON, LTD. By: Robert J. Murtaugh, Esquire Attorney-in-fact Dated: April 10, 2007 SWORN TO and SUBSCRIBED before me, this 10th day of April, 2007 Notary Public My Commission Expires: ^f.'AL*1V1yi PENNSYLVANIA NOTARIAL SLAL - 7766501 ;.,7A ANNE ARICI, Notary Public Ay of Philadelphia, PtWa. County v ,lommissiat Expires OeOember 28.2008 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA 525 William Penn Place, Suite 2720 Pittsburgh, PA 15219-1712 Plaintiff, V. R.H. BLACK, INC. d/b/a CUSTOM PATIO ROOMS OF CENTRAL PA 2250 Bumble Bee Hollow Road Mechanicsburg, PA 17055 AND ROBERT H. BLACK 1788 North Meadow Drive Mechanicsburg, PA 17055 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2007-01121 AFFIDAVIT OF LAST KNOWN ADDRESSES COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. BEFORE ME, the undersigned authority, a Notary Public, personally appeared Robert J. Murtaugh, Esquire, whose identity was known to me or established to my satisfaction, and who, after having been duly sworn according to law, deposes and says as follows: 1. I, Robert J. Murtaugh, Esquire, am over eighteen (18) years of age, and am currently an attorney in good standing duly admitted to practice law in the Commonwealth of Pennsylvania, and am an associate of the law firm of Harvey, Pennington Ltd., and in that capacity, have been retained to represent the Plaintiff in the above-captioned action, Citizens Bank, and as such am duly authorized to make this Affidavit on its behalf. 2. As such Attorney, I have responsibility for handling the files and litigation concerning the loan documents and collateral involved in this matter, and am fully familiar with the facts therein described. 7766501 3. I hereby certify that the last known address of the Plaintiff is Citizens Bank, 525 William Penn Place, 27 h Floor, Pittsburgh, PA 15219, and the last known address of both of the Defendants, R.H. Black, Inc. d/b/a Custom Patio Rooms of Central PA and Robert H. Black, is 2250 Bumble Bee Hollow Road, Mechanicsburg, PA 17055. 4. I make this Affidavit on behalf of Citizens Bank, on the basis of my own knowledge, and subject to the penalties for perjury pursuant to 18 Pa.C.S.A. §4901 et §M., and false swearing before notaries public pursuant to 18 Pa.C.S.A. §4903, and/or unworn verification to authorities pursuant to 18 Pa.C.S.A. §4904, as applicable, and am aware that if any of the statements I have made herein are willfully false, that I am subject to such penalties. CITIZENS BANK By: HARVEY ? PENNINGTON, LTD. By: J Robert J. Murtaugh, Esquire Attorney-in-Fact Date: April 10, 2007 SWORN TO and SUBSCRIBED before me, this 10th day of April, 2007 Notary Public My Commission Expires: COMMONWEALTH OF NENNSYLVANIA NOTARIAL SEAL E RITA ANNE ARICI, Notary Public City of Philadelphia, Phila. County My Co=Wm Expka December 28, 2008 7766501 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29t1i Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA 525 William Penn Place, Suite 2720 Pittsburgh, PA 15219-1712 Plaintiff, V. R.H. BLACK, INC. d/b/a CUSTOM PATIO ROOMS OF CENTRAL PA 2250 Bumble Bee Hollow Road Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2007-01121 AND ROBERT H. BLACK 1788 North Meadow Drive Mechanicsburg, PA 17055 Defendants. CERTIFICATE OF SERVICE OF PRAECIPE PURSUANT TO PA.RCIV.P. RULE 1037(a) TO ENTER JUDGMENT BY DEFAULT AND FOR ASSESSMENT OF DAMAGES The undersigned hereby certifies that on the 10'h day of April, 2007, a true and correct copy of the foregoing Praecipe Pursuant to Pa.R.Civ.P. Rule 1037(a) to Enter Judgment by Default and for Assessment of Damages, and all supporting papers, was served upon the Defendant by United States Regular First Class Mail, postage prepaid, addressed as follows: R.H. Black, Inc. d/b/a Custom Patio Rooms of Central PA 2250 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 Robert H. Black 2250 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 HARVEY ? PENNINGTON, LTD. By: R bert J. Murtaugh, Esquire 7766501 u ? r b ? ? ? ? N Q T71 ?..., w? -Tl -J n ?j r7 fil?T f y HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29t1i Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA 525 William Penn Place, Suite 2720 Pittsburgh, PA 15219-1712 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiff, V. R.H. BLACK, INC. d/b/a CUSTOM PATIO ROOMS OF CENTRAL PA 2250 Bumble Bee Hollow Road No. 2007-01121 Mechanicsburg, PA 17055 AND ROBERT H. BLACK 1788 North Meadow Drive Mechanicsburg, PA 17055 Defendants. NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA.R.CIV.P. RULE 236 To: R.H. Black, Inc. d/b/a Custom Patio Rooms of Central PA 2250 Bumble Bee Hollow Road Mechanicsburg, PA 17055 You are hereby notified pursuant to Pa.R.Civ.P. Rule 236 that on 2007 a judgment was entered against you in the above-captioned mater. Attached hereto is a true and correct copy of all (record) documents filed in support of such judgment. 7766501 IF YOU HAVE ANY QUESTIONS CONCERNING THE ENTRY OF THIS JUDGMENT, YOU MAY CALL THE ATTORNEY FOR THE PLAINTIFF, ROBERT J. MURTAUGH, ESQUIRE, AT (215) 563-4470. BY THE PROTHONOTARY 776650_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank of Pennsylvania CITIZENS BANK OF PENNSYLVANIA 525 William Penn Place, Suite 2720 Pittsburgh, PA 15219-1712 Plaintiff, V. R.H. BLACK, INC. d/b/a CUSTOM PATIO ROOMS OF CENTRAL PA 2250 Bumble Bee Hollow Road Mechanicsburg, PA 17055 AND ROBERT H. BLACK 1788 North Meadow Drive Mechanicsburg, PA 17055 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2007-01121 NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA.R.CIV.P. RULE 236 To: Robert H. Black 2250 Bumble Bee Hollow Road Mechanicsburg, PA 17055 You are hereby notified pursuant to Pa.R.Civ.P. Rule 236 that on I , 2007 a judgment was entered against you in the above-captioned mattr. Attached hereto is a true and correct copy of all (record) documents filed in support of such judgment. 7766501 IF YOU HAVE ANY QUESTIONS CONCERNING THE ENTRY OF THIS JUDGMENT, YOU MAY CALL THE ATTORNEY FOR THE PLAINTIFF, ROBERT J. MURTAUGH, ESQUIRE, AT (215) 563-4470. BY THE PROTH NOTARY ~ F r 7766501 SHERIFF'S RETURN - REGULAR -CASE NO: 2007-01121 P s COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS R H BLACK INC DBA CUSTOM PATIO together with and at the same time directing His attention to the contents thereof. MICHAEL BARRICK , Sheriff o Cumberland County,Pennsylvania, who being says, the within COMPLAINT & NOTICE R H BLACK INC D/B/A CUSTON PATIO ROOMS OF DEFENDANT , at 1444:00 HOURS, on the r Deputy Sheriff of duly sworn according to law, was served upon CENTRAL PA the 5th day of March , 2007 at 2250 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055 by handing to ROBERT H BLACK, OWNER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 3?awro'! ??;,, 38.56 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/06/2007 HARVEY PENNINGTON By: ?eputy Sheriff A. D. SHERIFF'S RETURN - REGULAR ItASE NO: 2007-01121 P s VS R H BLACK INC DBA CUSTOM PATIO MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BLACK ROBERT H the COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA DEFENDANT , at 1444:00 HOURS, on the 5th day of March , 2007 at 2250 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055 by handing to together with and at the same time directing His attention to the contents thereof. ROBERT H BLACK a true and attested copy of COMPLAINT & NOTICE Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: d R. Thomas Kline 03/06/2007 HARVEY PENNINGTON Deputy Sheriff A. D.