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HomeMy WebLinkAbout03-1465Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 Attorneys For: Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff vs. COYLE LUMBER & MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 1114,5 1."l G 1 l,F-!Lt'?'1 ASSIGNED TO: CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney in the Note and Guaranties, true and correct photostatic copies of which is attached to the Complaint filed in this action and which appear therein as Exhibits "A" and "B", I appear for Defendants COYLE LUMBER & MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER and confess judgment in favor of the Plaintiff and against the Defendants in the sum of $79,782.02, plus the following amounts accruing after March 6, 2003: Interest at the rate of 6.00%per annum ($20.35 day). KOZLOFF STOUDT Pr fessional Corporation ;awtelle, Esquire for Defendant Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 Attorneys For: Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff vs. COYLE LUMBER & MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL ACTION - LAW NO. : ASSIGNED TO: COMPLAINT IN CONFESSION OF JUDGMENT The Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., files this Complaint pursuant to Pennsylvania Rule of Civil Procedure 2951(b) for judgment by confession and avers the following in support thereof: 1. The Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A. ("M & T-), is a New York banking corporation organized and existing under the laws of the State of New York and maintaining a place of business at 501 North Wyomissing Boulevard, Wyomissing, Berks County, Pennsylvania. 2. The Defendants are: a. COYLE LUMBER & MILLWORK, INC., a Pennsylvania business corporation maintaining its principal place of business and registered address at 231 East Old York Road, Carlisle, Cumberland County; and b. KENNETH W. HEISER and M. LUCINDA HEISER, adult individuals residing at 1000 Sand Bank Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. On June 2, 2000, Defendant COYLE LUMBER & MILLWORK, INC. made, executed and delivered to Keystone Financial Bank, N.A., predecessor in interest to M & T, a promissory note (the "Note"), a true and correct copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference, to evidence a loan(the "Loan") made by Keystone Financial Bank, N.A. to Defendant COYLE LUMBER & MILLWORK, INC. 4. As security for the Loan, Defendants KENNETH W. HEISER and M. LUCINDA HEISER, on or about June 2, 2000, executed and delivered to Keystone Financial Bank, N.A. their personal guaranties of the Loan (the "Guaranties"), true and correct copies of which are attached hereto, marked Exhibit "B" and incorporated herein by reference. 5. In connection with the execution of the Guaranties, Defendants KENNETH W. HEISER and M. LUCINDA HEISER received, reviewed and executed Disclosures for Confession of Judgment, true and correct copies of which are attached hereto, marked Exhibit "C" and incorporated herein by reference. 6. The Loan was in the principal amount of $100,000.00, with interest thereon pursuant to the terms of the Note, with principal and accrued interest payable in monthly installments pursuant to the terms of the Note, commencing on July 2, 2000 and continuing on the same day of each month thereafter. 7. Defendants are in default of their obligations under the Note and the Guaranties because the payments of principal and interest due on November 2, 2002 and monthly thereafter, are due and have not been paid, whereby the entire balance of principal and all interest due thereon have become due and payable forthwith, together with costs of collection, late fees and reasonable attorney's fees. 8. On March 6, 2003 demand was made upon the Defendants for payment in full of all sums due under the Loan and the Guaranties. A true and correct copy of the said demand is attached hereto, marked Exhibit "D" and incorporated herein by reference. 9. The following amounts are due on the Note: Balance of principal $71,485.04 Accrued but Unpaid Interest 240.04 Late Fees 908.44 Reasonable Attorneys Fees 7,148.50 TOTAL as of 3/6/2003 $79,782.02 Plus, the following amounts accruing after 3/06/2003: Interest at the Rate of 6.00% per annum ($20.35 per day) 10. On or about August 21, 2000, the Note and the Guaranties were assigned by Keystone Financial Bank, N.A. to M & T in connection with the acquisition of Keystone Financial Bank, N.A. by M & T. 11. Judgment has not been entered on either the Note or the Guaranties in any jurisdiction. 12. Pursuant to the warrant contained in the Note and Guaranties, judgment may be entered for the M & T and against the Defendants in the sum of $79,782.02, as set forth above. WHEREFORE, pursuant to this Complaint, and in accordance with Pennsylvania Rule of Civil Procedure 2952(8), Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A. demands judgment against the Defendants in the sum of $79,782.02, together with accrued interest, costs of suit and reasonable attorneys fees and demand for such judgment is hereby made. KOZLOFF STOUDT Professional Corporation W. telle, Esquire xe?v's for Plaintiff Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 Attorneys For: Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff VS. COYLE LUMBER & MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL ACTION - LAW NO. : ASSIGNED TO: VERIFICATION The undersigned, being the authorized representative of the Plaintiff in this matter, verifies that (s)he is authorized to execute this Verification on behalf of the plaintiff and further, having read the attached Complaint, hereby verifies that the within Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Complaint is that of counsel and not of the signer. The signer verifies that (s)he has read the attached Complaint and that it is true and correct to the best of the signer's information and belief. To the extent that the contents of the Complaint are that of counsel, the signer has relied upon counsel in taking this Verification. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsifications to authorities. DATED: March 14, 2003 OCT=31-2002 11:54AM FROM-M&T COM LOAN 800-260-2443 T-246 P.009/011 F-923 rnV1VI1000nT 14%J11G A.?l ;?;::.:?1t?Rt30t?0?" w..: A&?,tJ?-x2t74Q:.. ????-ti2•?200?•.:?r?t1S??k?:::.::. ,,Cq?t1?`:; `?? :??? :::..:?:;..?.•'E?,:::?;;? ??788' I Rerferences in the shaded area are for Lender's use only and do not limit the applicabl"" ^` •^ ^ ?^~ ^?^? ?^ an.,sartie„lar Irian or item. Any item above Containing ""'I has been orriaed due to 0000386933 Borrower: Coyle Lumber & Millwork, Inc_ Lender., 000000clol aOOq 231 Fast Old York Road COYLE LUMBER MI Carlisle, PA 17019 Principal Amount: $100,000.00 Date of Notts; June 2, 2000 PROMISE TO FsAY. Coyle Lumber & Millwork, Inc. ('Borrower") promises 10 pay to KeyStOne Financial Bank, N.A. ("Lender'), or order, In lawful money of the United States of America, the principal amount of One Hundred Thousand & 001100 Dollars ($100,000.00), together with interest on the unpaid principal balance from June 2, 2000, until paid in full. PAYMENT. Subject to tiny payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: a monthly consecutive payments, beginning .fury 21 21)00, with Interest calculated on the unpaid principal balances at an interest rate based on the WSJ Prime Rate (currently 9.500%), plus a margin of 1,00 percentage points, resulting in an initial Interest rate of 10.500%; 53 monthly consecutive payments in the Initial amount of $1,683.78 each, beginning January 2, 2001, with interest calculated on the unpaid principal balances at an Interest rate based on the WSJ Prime Rate (currently 9.500%), plus a margin of 1.00 percentage points, resulting in an initial interest rate of 10-500%; and one payment of $1,694.74 on December 2, 2007, with interest calculated on the unpaid principal balances at an interest rate based an the WSJ Prime Rate (currently 9-5W%l, plus a margin of 1.00 percentage points, resulting in an initial interest rate of 10.500%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. The annual interest rate for this Note is computed on a 365/960 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published each business day in the Wall Street Journal. When a range of rates has been published, the nignest rate will be used (the "Index"). The index is not necessarily the lowest rate cnarged by Lender on its loans. if the index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current index rate upon Borrower's request. The interest rate change will not occur more often than each DAY. Borrower understands that Lender may make loans based on otner rates as well. The Index currently is 9,500% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the Iasi payment date of the just-ending payment stream. NOTICE=: under no circumstances will the Interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rata Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at tMemme amount and Increase Borrower's final payment. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of trio loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the toregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lenaer in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments wii reduce the principal balance due and may result. in Borrower's making fewer payments. Borrower agrees not to send Lender payments markea "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under finis Note, and Borrower will remain obligated to pay any further amount owed to Lenaer, All written communications concerning disputed amounts, including any check or other payment instrument that inaCates that the payment Constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Keystone Financial Bank, N.A.; West High Street Office; One West High Street, Carlisle, PA 17013. LATE CHARGE. It a payment is 15 days or more late, Borrower will be cnarged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note by 5.000 percentage points. Tine interest rate will not exceed rte maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rare applicable to tnis Note at the time judgment is entered. DEFAULT. Each of the following shad constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fads to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any otner agreement between Lender ono Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of ins related documents. False Statements. Any warranty, representation or statement mace or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnisnea or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for ins benefit of creditors, any type of creator workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This EXHIBIT "A" OCT-31-2002 11x55AM FROM-W COM LOAN 800-260-2443 PROMISSORY NOTE (Continued) T-246 P-010/011 F-923 Page 2 includes a garnisnrmnr of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonapleness of me claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as bung an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of me indebtedness . in the event of a death, Lender, at its option, may, but snail not be required to, permit me Guarantor's estate to assume unconditionally the obligations arising unaer the guaranty in a manner sausfamory to Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty--five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial Condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will nave o=urmcf) if Borrower, after receiving wntten notice from Lender demanding cure of such default:. (1) cures the default within fifteen (1S) pays; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDE=R'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare trio entire unpaid principal balance on this Note and ail accrued unpaid interest immediately due, and than Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect the loan if Borrower does not pay. Borrower will pay Lender that amount. Tnis includes, subject to any limits under applicabie law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. it not pronibnea oy appitcaote law, Borrower also will pay any court cows, in audition to all other sums proviaeq oy iaW. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealths of Pennsylvania. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permuted oy applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower Molds jointly with someone also and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indabtedness against any and all sucn accounts, and, at Lender's option, to administratively freeze all such accounts to allow tender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by, in aadition to any other collateral, a Mortgage dated .rune 2, 2000, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of grits Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and small inure to the benefit of Lender and Lender's successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, wnemer as maker, guarantor, accommodation maker or endorser, shall be released from liability. All sucn parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without me consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of tnis Note. CONFESSION OF JUOGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WtTH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION. BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($600) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL. PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HERFBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. OCT=31-2002 11:55AM FROM-M&T COM LOAN 800-260-2443 T-246 P.011/011 F-923 F'HUMISSUKY NEJ I I (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOW. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: COYLE U B ILLWORK,J11 /? - (Seat) Ke eth W. Heiser, President at Coyle Lumber & MIIIWOrk, Inc. By' ~ , J SeaQ M. n a ei r, S retary of C le umber A MlIhNork, Inc. "sOR PRO F-"0. An YC P., I. T m OFF, ?R P IX 00 07111Cmd-ft,lw 100/, X000 All Rqua R-.,-& - Ph 6.CFWVIh_?CF?wFF?DM FO 1h.Ny7 PA-21 COMMERCIAL GUARANTY Principal Loan' Date Maturity Loan No Call Col Faferat Account Officer Initials Comm SEC 396515 27 5 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "" "" has been omitted due to text length limitations. Borrower: Coyle Lumber & Millwork, Inc. 231 East Old York Road Carlisle, PA 17013 Lender: Keystone Financial Bank, N.A. West High Street Office One West High Street Carlisle, PA 17013 Guarantor: Kenneth W. Heiser P.O. Box 127 Mt. Holly Springs, PA 17065 ' AMOUNT OF GUARANTY. The amount of this Guaranty is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, Kenneth W. Heiser ("Guarantor") absolutely and unconditionally guarantees and promises to pay to Keystone Financial Bank, N.A. ("Lender") or its order, in legal tender of the United States of America, the Indebtedness (as that term is defined below) of Coyle Lumber & Millwork, Inc. ("Borrower") to Lender on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes any and all of Borrower indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations and debts to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will note-considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of Indebtedness, even to zero dollars ($0.00), prior to Guarantor's written revocation of this Guaranty shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. EXHIBIT "B" COMMERCIAL GUARANTY (Continued) Page 2 GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender frorvi bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness, (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contraryto public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shalLbe superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. CONFESSION OF JUDGMENT. Guarantor hereby irrevocably authorizes and empowers any attorney-at-law to appear in any court of record and to confess judgment against Guarantor for the unpaid amount of this Guaranty as evidenced by an affidavit signed by an officer of Lender setting forth the amount then due, attorneys' fees plus costs of suit, and to release all errors, and waive all rights of appeal. If a copy of this Guaranty, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Guarantor waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Guaranty have been paid in full. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. COMMERCIAL GUARANTY (Continued) Page 3 Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and paroi evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any Loan indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY" Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and Lender's successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Coyle Lumber & Millwork, Inc., and all other persons and entities signing the Note in whatever capacity. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation Kenneth W. Heiser. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means Keystone Financial Bank, N.A., its successors and assigns. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. COMMERCIAL GUARANTY (Continued) Page a GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO ITS TERMS. THIS COMMERCIAL GUARANTY IS DATED JUNE 2, 2000. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUAR TY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARS T R: R- x (Seal) K n th . H iser, Ind idually (LASER PRO Landing, Rao. U.S. Pal, d T.M. OFF., Ver. 5.12.00.07 (t) Come entrax 1997, 2000. All Rl0Nl5 Reserved. - PA S:1CF(WiN21Crl%LP0E20.FC TR-2457 PR-21 COMMERCIAL GUARANTY Principal Loan Date Maturity Loam No Call Collateral Account Officer 1n Comm SEC 396,515 27913 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing -*- has been omitted due to text length limitations. Borrower: Coyle Lumber & Millwork, Inc. 231 East Old York Road Carlisle, PA 17013 Guarantor: M. Lucinda Heiser P.O. Box 127 Mt. Holly Springs, PA 17065 Lender: Keystone Financial Bank, N.A. West High Street Office One West High Street Carlisle, PA 17013 AMOUNT OF GUARANTY. The amount of this Guaranty is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, M. Lucinda Heiser ("Guarantor") absolutely and unconditionally guarantees and promises to pay to Keystone Financial Bank, N.A. ("Lender") or its order, in legal tender of the United States of America, the Indebtedness (as that term is defined below) of Coyle Lumber & Millwork, Inc. ("Borrower") to Lender on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes any and all of Borrower indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations and debts to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, uniiquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated uridar-tbis Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of Indebtedness, even to zero dollars ($0.00), prior to Guarantor's written revocation of this Guaranty shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (I) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. COMMERCIAL GUARANTY (Continued) Page 2 GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of. Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. CONFESSION OF JUDGMENT. Guarantor hereby irrevocably authorizes and empowers any attorney-at-law to appear in any court of record and to confess judgment against Guarantor for the unpaid amount of this Guaranty as evidenced by an affidavit signed by an officer of Lender setting forth the amount then due, attorneys' fees plus costs of suit, and to release all errors, and waive all rights of appeal. If a copy of this Guaranty, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Guarantor waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Guaranty have been paid in full. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. COMMERCIAL GUARANTY (Continued) Page 3 Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any Loan indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and Lender's successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless-specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Coyle Lumber & Millwork, Inc., and all other persons and entities signing the Note in whatever capacity. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation M. Lucinda Heiser. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means Keystone Financial Bank, N.A., its successors and assigns. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. COMMERCIAL GUARANTY (Continued) Page GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO ITS TERMS. THIS COMMERCIAL GUARANTY IS DATED JUNE 2, 2000. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X' {Seal) M. Lu a Heiser, ndivl ually (LASER PRO Lending, R.C. U.S. P.I. a T.M. OFF., Var. 5.12.00.07 (c) Concenlrex 1997, 2000. All Rlgnla Reservetl. - PA S:\CFIW(N21CF1%LPL1E20FC TR-2457 PR-21 DISCLOSURE FOR CONFESSION OF JUDGMENT Principal .van. Gate Maturity : 1 Loan No all Calia ral Account 0fficer Initials $100000.00 06-02-4100 12-02 :.007 ut-30014 QMM :aEC 1 396515 2796 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "`e"' has been omitted due to text length limitations. Borrower: Coyle Lumber & Millwork, Inc. 231 East Old York Road Carlisle, PA 17013 Lender: Keystone Financial Bank, N.A. West High Street Office One West High Street Carlisle, PA 17013 Affiant: Kenneth W. Heiser P.O. Box 127 Mt. Holly Siirings, PA 17065 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF 20 `? , A GUARANTY FOR AN UNLIMTED AMOUNT. A. 1 UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PER-M+TTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING LENDER ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT: X (Seal) Kenneth W. eiser, Individually [LASER PRO Lending, Reg. U.S. Pal. S T.M. OFF., Ver. 5.12.00.07 (c) Concenlrex 1997, 2000. All Pighls Reserved. - PA S:\CFIWIN21CF1ML%D30.FC TA-2457 PR-21 EXHIBIT "C" DISCLOSURE FOR CONFESSION OF JUDGMENT Principal Loart Date.: Maturity Loan No' "Caf# Cof#ateraf Account Officer Fin- itials $]04,000.00 06-(#2-2000 12-02-2007,', - 30014 COMM SEC 396515 2796 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""•" has been omitted due to text length limitations. Borrower: Coyle Lumber & Millwork, Inc. 231 East Old York Road Carlisle, PA 17013 Lender: Keystone Financial Bank, N.A. West High Street Office One West High Street Carlisle, PA 17013 Affiant: M. Lucinda Heiser P.O. Box 127 Mt. Holly Spffngs, PA 17065 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF jl,?? , 2()C-V, A GUARANTY FOR AN UNLIMTED AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY ---EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING LENDER ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT: A X Seal) M. Lu Ada eiser, Indi dua (LASER PRO Landing, Reg. U.S. Pal. d T.M. OFF., Ver. 5.12.00.07 Ic7 Contenlr- 1997, 2000. All Fights Fii - PA SACFIWIN21CFn LPL1D30.FC TR-2457 PR-21 James T. Grady Vice President Special Assets Department Telephone 610.373.3996 Facsimile 610.373.0606 E-mail: igradvCa?mandtbank.com March 6, 2003 Coyle Lumber & Millwork, Inc Mr. Kenneth W. Heiser, President Mrs. M. Lucinda Heiser, Secretary 1000 Sand Bank Road Mt. Holly Springs, PA 17065 RE: Manufacturers and Traders Trust Company Account No. 396515-30014 Original Principal Amount: $100,000.00 To Whom It May Concern: NOTICE I am the loan account officer at Manufacturers and Traders Trust Company (the "Bank"), handling your account with respect to your obligations under a commercial loan Promissory Note dated June 2, 2000 in the original principal amount of $100,000.00 as referenced above. You are in default under that Note by virtue of your failure to make payments of interest and principal when due. This letter constitutes notice to you that the Bank hereby declares default and exercises its rights to accelerate the entire balance due under the subject Promissory Note. Demand is hereby made upon you to remit payment, in full, within ten (10) days of the date of this letter, of the entire balance due as follows: Principal Interest Late Fee Total Due as of March 6, 2003 Per diem after March 6, 2003 $71,485.04 240.04 908.44 $72,633.52 $20.35 EXHIBIT "D" March 18, 2003 PAGE TWO DEFAULT RATE OF INTEREST. The interest rate on the Note is 1.0% over the Bank's Prime Rate of Interest. In the event of default, the Bank may increase the interest rate by 5.0%. mg , ective this date, the interest rate on the Note is increased to the Bank's Prime ate plus 6.0%. n should be made directly to the Bank at: Manufacturers and Traders Trust Company, ATTN: James T. Grady, 501 N. Wyomissing Boulevard, Wyomissing, PA 19610. If payment in full is not received within the time provided, the Bank may exercise its legal rights and remedies to enforce collection against you, or against the collateral pledged as security for your obligations. The Bank's rights include entry of judgment by confession against you. In the event the Bank exercises any of its remedies, legal fees and costs will be incurred for which you will be liable under the terms of the loan documents. The Bank reserves the right to accept partial payment, payment on account or payment of some or all of the interest due following the date of this Notice. However, no payment accepted by the Bank shall constitute a waiver of this declaration of default, acceleration and demand for payment in full unless expressly agreed by the Bank in writing. This Notice is being provided to Kenneth and M. Lucinda Heiser, since both of you are jointly and severally liable for the debt under the terms of the note and loan documents. Very truly yours, MANUFACTURERS AND TRADERS TRUST COMPANY James T. Grady Vice President Special Assets Via Regular and Certified Mail, Return Receipt Requested -? ? ?" ? "?4 ? ? ? ^? C? ? -_ Q ( ?, ll r _' ? t -.. , ""' ?'? _ f1 ?. r, ;';i .- ? .. f _ ?- ?-, -t ?? OFFICE OF PROTHONOTARY COURT OF COMMON PLEAS OF C U M B E R L A N D COUNTY READING, PENNSYLVANIA TO : DATE : MARCH 28, 2003 Coyle Lumber & Millwork, Inc. 231 East Old York Road RE: MANUFACTURERS AND TRADERS TRUST COMPANY, Carlisle, PA 17013 SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A. Kenneth W. Heiser M. Lucinda Heiser Plaintiff (s) 100 Sand Bank Road Mt. Holly Springs, PA 17065 vs. COYLE LUMBER & MILLWORK, INC., KENNETH W. HEISER AND M. LUNCINOA HEISER Defendant(s) No. A. D. No. J.D. You are hereby notified in accordance with Pennsylvania Supreme Court Rule #236 and that judgment has been entered on a: ( ) Final Order* ( ) Decree Nisi* ( ) verdict* ( ) Viewers Report ( ) Default ( ) Assessment of Damages ( ) Arbitration Award PXX) Confession of Judgment and entered to No. &L3.Aik against Coyle Lumber & Millwork. Inc., Kenneth W. Heiser & M. Lucinda Heiser Plaintiff (s Def ndant (s) , concerning Civil Suit No. A.D on -jI in the sum of $ 79,782.02# plus costs. *Plus the following amounts accruing after March 6, 2003: Interest at the rate of 6.00% per annum ($20.35 day). **And that a Certificate has been filed indicating that each of the parties have been notified of the intention to file said judgment by the Attorney for the Plaintiff(s) Defendant(s). PROTHONOTARY File Deputy Prothonotary Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff vs. COYLE LUMBER & MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants Attorneys For: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL ACTION -LAW NO. C) 3 - l SIG,. (2t v? : ASSIGNED TO: PRAECIPE TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., and against the Defendants COYLE LUMBER & MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER in the sum of $79,782.02, plus the following amounts accruing after 3/6/2003: Interest at the rate of 6.00%per annum ($20.35 per day) upon the Complaint in Confession of Judgment and Confession of Judgment filed herewith. KOZLOFF STOUDT Professional Corporation Sawtelle, Esquire > for Plaintiff Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff vs. COYLE LUMBER & MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants : Attorneys For: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 1 IJG,5 C ?.C?i-?,,1 ASSIGNED TO: CERTIFICATION OF ADDRESSES I, Barry W. Sawtelle, Esquire, do hereby certify that the addresses of the following parties are as set forth below: Plaintiff: Manufacturers and Traders Trust Company c/o Barry W. Sawtelle, Esquire 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 Attorney for Plaintiff Defendants: Coyle Lumber & Millwork, Inc. 231 East Old York Road Carlisle, PA 17013 Kenneth W. Heiser M. Lucinda Heiser 100 Sand Bank Road Mt. Holly Springs, PA 17065 Dated: March 14, 2003 KOZLOFF STOUDT Professional Corporation FYI J _ r- Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 Attorneys For: Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - N&S (2tu'LL COYLE LUMBER & MILLWORK, INC., ASSIGNED TO: KENNETH W. HEISER and M. LUCINDA HEISER, Defendants AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS SS. Before me, the undersigned authority, personally appeared Barry W. Sawtelle, Esquire, who being duly sworn according to law, doth depose and say, pursuant to Rule 2951, Pa. R.C.P., that the judgment entered by confession in the above-captioned matter is not entered against a natural person in connection with a consumer credit transaction. KOZLOFF STOUDT Professional Corporation vtelle, Esquire ?s for Plaintiff Sworn to and subscribed before me thisO %ay of )kAM-J , 2003. TARY PUBLIC NOTARIAL SEAL JOLENE F. MOSER, Notary Public Wyomissing, Berks County My Commission Expires 12-2-2006 C3 <_-? ^CZ L.+,' -J ?, ! _.._ 1 ?i' ?.:- . r.. ?>, =;i?t r'? f ? .. - """' "4 Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff VS. COYLE LUMBER & MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants Attorneys For: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL ACTION -LAW : NO. 03-1465 Civil Term : ASSIGNED TO: CERTIFICATE OF SERVICE I, Barry W. Sawtelle, Esquire, attorney for Plaintiff Merchants and Traders Trust Company, certify that on April 10, 2003, a copy of the Notice Under Rule 2958.1 of Judgment and Execution Thereon in the form attached was served upon the following parties by first class mail, postage prepaid: Coyle Lumber & Millwork, Inc. 231 East Old York Road Carlisle, PA 17013 Kenneth W. Heiser M. Lucinda Heiser 100 Sand Bank Road Mt. Holly Springs, PA 17065 This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KOZLOFF STOUDT Professional Corporation a:-W. Sawtelle, Esquire ttorneys for Plaintiffs Dated: April 10, 2003 Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Attorneys For: Plaintiff Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA : CIVIL ACTION -LAW VS. COYLE LUMBER & MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants : NO. 03-1465 Civil Term ASSIGNED TO: NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: COYLE LUMBER & MILLWORK, INC. KENNETH W. HEISER and LUCINDA HEISER A judgment in the amount of $79,782.02 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHING THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 KOZLOFF STOUDT „?'slofessipal Corporation Wyomissing, PA 19610 (610) 670-2552 Date: April 10, 2003 P.O. Box 6286 -, 1, c _ 5,,? ' t i ?, ? .. ?.r? ---- _ ?--; ._. - ?-- r ] ` (JI - MANUFACTURES AND TRADERS : IN THE COURT OF COMMON PLEAS TRUST COMPANY, Successor to : CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE FINANCIAL BANK, N.A., : CIVIL ACTION - LAW Plaintiff No. 03-1465 Civil Term vs. COYLE LUMBER AND MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Marc A. Hess, Esquire of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorney for Manufactures and Traders Trust Company, the Plaintiff in the above-captioned matter. Date: 2005 HENRY &.HRAVER LLP By: #55774 r> a '=' - ,-? ?t ; --a . ' r ' '.??i? -..:: ? .- , ??.r "] ?? ?,i? is Y• I [v1 MANUFACTURES AND TRADERS : IN THE COURT OF COMMON PLEAS TRUST COMPANY, Successor to : CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE FINANCIAL BANK, N.A., : CIVIL ACTION - LAW Plaintiff No. 03-1465 Civil Term VS. COYLE LUMBER AND MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Barry W. Sawtelle, Esquire of the law firm of Kozloff Stoudt, as attorney for Manufactures and Traders Trust Company, in the above- captioned matter. Date: Z 12005 KOZLOFFSTOUDT SA 2640 West View Drive P.O. Box 6286 Wyomissing, PA 19610 r-7 ?' `? f i t? i _ a . ?, ,??t ?r CrJ _?;°i 4.+ MANUFACTURES AND TRADERS : IN THE COURT OF COMMON PLEAS TRUST COMPANY, Successor to : CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE FINANCIAL BANK, N.A., : CIVIL ACTION - LAW Plaintiff VS. COYLE LUMBER AND MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants No. 03-1465 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF LEBANON ss. I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, do hereby certify that I forwarded a true and correct copy of the Notice Under Rule 2958.1 of Judgment and Execution Thereon - Notice of Defendants' Rights by First Class United States Mail, Certified, Return Receipt Requested, on September 20, 2005 to Defendants as follows: Name Address Coyle Lumber and Millwork, Inc. 231 East Old York Road Carlisle, PA 17013 Mr. Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 Mrs. M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 Said Notices were received by Defendants on September 21, 2005. Attached hereto and made a part hereof is the United States Postal Service Domestic Return Receipts and Receipts for Certified Mail. I ? II L IS, I: FOX Sworn and subscribed to before me this 27s?iay of September, 2005. NOTARIAL SEAL Notary blic Elizabeth I Betsey, Notary Public Lebanon, Lebanon County tay commission Exon Nov. 29, 2008 MANUFACTURES AND TRADERS TRUST COMPANY, Successor to KEYSTONE FINANCIAL BANK, N.A., Plaintiff vs. COYLE LUMBER AND MILLWORK, INC., KENNETH W. HEISER and M. LUCINDA HEISER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-1465 Civil Term NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Coyle Lumber and Millwork, Inc. 231 East Old York Road Carlisle, PA 17013 Mr. Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 Mrs. M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 A judgment in the amount of. JUDGMENT AMOUNT - $79,782.02 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 Lawyer Referral Services Court Administrator 4`h Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HE By P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff 2 937 Willow Street • Compote Items 1, 2, and S. Also compote A. Main 4 if Restricted De1Mery Wdeelred. ? Agent ' • Pant your name and address on the reveres X 1 11, ? Addresses so that we can return the Card to you. g, ply by ( d Nerve) DMery ¦ Attach this card to the back of the mailplece, PLOW Data !?„1 or on the from It space permits. 03- s 1 4(P i?r D.Ie eddasadMfeienltram Mom yes 1. Merle Addressed tC: M YES, enter deMvary address below: No Coyle Lumber & Millwork Inc. 231 East Old York Road Carlisle PA 17013 s1 saMce type X61 cartined Mall 0 EWM MaM 0 Registered 0 Return Receipt for mamosidee 4. Restricted DelWayr OEM Fee) ? tae 2: mArticio arlsrer from ft (rM mserNwrsba7 7005 0390 0000 1231 9569 ne PS Form 3811, February 2004 Domestic Saturn Receipt 102595 00444540 lr ? ? . no rn s. o' Pf7 I U rru rmsraps $ $0.37 M fled Fee 7 -• M4 C3 eipt Fee $1.75 equired) r lve nYFee $0.00 tT' equited) c3 $ $¢ • 42 $ e 8 Fees Tbtalftstsge&F? N ?t Apt ap o eexrw. a,?,l ??6Q?Q____----------- fnANclThy' ¦ kerns 1, 2, end 3. Also Dor,dete II?t¦p 41f F?Stilcted Delivery is desired. ¦ PrYrFyourtwrte and address an me reveres so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the frortt If apace permits. 0j 3 - I q b. 1. Article Addressed to: Kenneth W. Heiser 1000 Sandbank Road Mount Ho11y,Springs:PA 17065 A. X a. D. Is Mwery KO M d twd from Rem 17 fat.Yes M YES, eater delivery edNese below: ???? 1 ? V W 7 3. SWAM type 1aCer ad Melt O epsee mes O Reptetered 0 Ruler Receipt for Merchmtan 0 Insutad Map 0 C.O.D. a. Restricted DWNerf? Oft reel 0 Yee 2. Aar"fer mbar 7005 0390 0000 1231 9576 (1lmtalerlrom ewvlce rebe0 P$ Form 3811, February 2004 Domestic Ratum Receipt 102595-02-WI&W _n ti Lr .. Dr m M WL SPIII d ru r-I Postage a $0.37 ° ° oerdeed Fee M Return Receipt Fes (Endorsement Required) ° Restricted Delivery Fee D' (Endorsemerd Required) M ° c PO 1 ri. Total Paste"a, Fees 141 I ?_... u) ° to -- -rc ° 'u r` ltieeL APL A15.; or PO sox No. ---trod?nu°bQ:??? py, sm . rwa + 'L (IIIG 17b FS F.r, :, ¦ Complete items 1. 2, and 3. Also complete A - Itam 4 If Restricted Delivery Is deaired X ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiiplece, or on the front If space permks.n-),_ 1 U (n ri t. Artlde Addressed to: M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs PA 17065 0 Agerd D. If dES.ein enter delivery dissent addr torn Item 17, ENVO If ? . delivery y redress !blow: VG-X N?OAI-)W< M Cerillled flail 0 9rpress Mail 0 ftWered 0 Return ReoW for MerchrrdM O hewed man ? C.O.D. 4. Restricted DeINW (Eft Fes) E3 yea 2. AntaleNumber manster eom "nice MW 7005 0390 000 1231 9583 PS Form 3811, February 2004 Domestic Return Receipt 102595-0244-IM Mn •. wig tr m ryp N f iV SAP U rq vosrese s 10.37 0 C3 Celled Fee 0 C MM ReoelPt Fee (FSdoraemeM flequlred) 0 Resmcred Delivery Fee R' (EMorsamem Required) M 0 Total Postage 8 Foes *77 07 aZ . , C-y Hare : - C/.2 } Ill C3 sent TO ?;trew, aPe irk.: ----- •- -----? ----- - ----------- - aPOBOxNo. ?Q?Q .nano-lxin? OL(----...__--_.__.__._ m z, r/n 9fl l? ?? PS F.,? 3800, J.r,e 2002 See Reve,se for Instructions n r,. ? C ?>? y -` -n r: .?„ art ' } ? -T7 = .. c.a ;_? : r2 .. }i ?`?? 17 f`J -{ Barry W. Sawtelle, Esquire Attorney No.: 42936 KOZLOFF STOUDT 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 Attorneys for Plaintiff MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS TRUST COMPANY, : OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA : CIVIL ACTION -LAW VS. KENNETH W. HEISER and M. LUCINDA HEISER, Defendants TO THE PROTHONOTARY: : CASE NO: 2003-1465 PRAECIPE Kindly enter the judgment in favor of Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY and against Defendants KENNETH W. HEISER and M. LUCINDA HEISER in the above-captioned action as SATISIFIED AND PAID IN FULL upon payment of your costs. Kindly enter the above-captioned action as SETTLED, DISCONTINUED AND ENDED. K-?OZZL-OOFFF?STOUDT E / Berry W. telle, Esquire Atto y No.: 42936 A ornev for Plaintiff OF 11-1'"r 2099 MAY -4, PH 2: 54