HomeMy WebLinkAbout03-1466Barry 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 1gLL
ASSIGNED TO:
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney in the Note and
Guaranty, 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 $64,306.85, plus the following amounts accruing after March
6, 2003: Interest at the rate of 6.00%per annum ($16.56 day).
KOZLOFF STOUDT
Professional Corporation
I-
r'awtelTe-, 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.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 03 -14L?
COYLE LUMBER & MILLWORK, INC.,
KENNETH W. HEISER and M. :
LUCINDA HEISER, ASSIGNED TO:
Defendants
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 February 24, 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 February 24, 2000, executed and delivered to Keystone
Financial Bank, N.A. their personal guaranties of the Loan (the "Guaranties"), a true
and correct copies of which is attached hereto, marked Exhibit "B" and incorporated
herein by reference.
5. In connection with the execution of the Guaranty, Defendants KENNETH
W. HEISER and M. LUCINDA HEISER received, reviewed and executed Disclosures
for Confession of Judgment, a true and correct copies of which is attached hereto,
marked Exhibit "C" and incorporated herein by reference.
6. The Loan was in the principal amount of $60,000.00, with interest thereon
pursuant to the terms of the Note, payable on demand, with accrued interest payable in
monthly installments, commencing on March 24, 2000 and continuing on the same day
of each month thereafter.
7. Defendants are in default of their obligations under the Note and
Guaranty because the payments of interest due on September 24, 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 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 $58,144.72
Accrued but Unpaid Interest 347.66
Reasonable Attorneys Fees 5,814.47
TOTAL as of 3/ 6/ 2003 $64,306.85
Plus, the following amounts
accruing after 3/06/2003:
Interest at the Rate of 6.00%
per annum ($16.56 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 Guaranty in any
jurisdiction.
12. Pursuant to the warrant contained in the Note and Guaranty, judgment
may be entered for the M & T and against the Defendants in the sum of $64,306.85, 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 $64,306.85, together with accrued
interest, costs of suit and reasonable attorneys fees and demand for such judgment is
hereby made.
KOZLOFF STOUDT
Professional Corporation
Barry W. Sawtelle, Esquire
Attorney ID# 42936
Kozloff Stoudt
2640 Westview Drive
P.O. Box 6286
Wyomissing, PA 19610
(610) 670-2552
: Attorneys For: Plaintiff
MANUFACTURERS AND TRADERS
TRUST COMPANY, SUCCESSOR TO
KEYSTONE FINANCIAL BANK, N.A.,
Plaintiff
vs.
COYLE LUMBER & MILLWORK, INC.,
KENNETH W. HEISER and M.
LUCINDA HEISER,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND, PENNSYLVANIA
: CIVIL ACTION -LAW
NO.
ASSIGNED TO:
VERIFICATION
The undersigned, being the authorized representative of the Plaintiff in this
matter, verifies that (s)he is authorized to execute this Verification on behalf of the
plaintiff and further, having read the attached Complaint, hereby verifies that the
within Complaint is based on information furnished to counsel, which information has
been gathered by counsel in the course of this lawsuit. The language of the Complaint
is that of counsel and not of the signer. The signer verifies that (s)he has read the
attached Complaint and that it is true and correct to the best of the signer's information
and belief. To the extent that the contents of the Complaint are that of counsel, the
signer has relied upon counsel in taking this Verification. This Verification is made
subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsifications to
authorities.
DATED: March 14, 2003
OCT-31-2002 11:51AM FROM-M&T COM LOAN 600-250-2443 T-246 P.004/011 F-923
PROMISSORY NOTE
..., .; .o Rfr?f7.4Ri.';; "6..:.. ...,,...,,x..,.,a,...:: „?'?'? .. ' :.'.Y.?fl IYty.. '°,.•'?:'.?:a,. ': ?:to:;;t°„?QR??Zs2?.:?ww;':i".".. ?:DJil2uV ??'??-? ?,.;:A.??i:?y... ?,+i
References in the shaded area are for Lender's use only an d"a o limit the appticap a$Gq 3 j
Any item above containing has been omitted due to seeeas6sis '
Q8866BB?i ?'? ' Y?'
Borrower: Coyle Lumber & Millwork, Inc. Lender: caYLE LUMBER Ml
231 East Old York Road
Carlisle, PA 17013
-? i
4
Principal Amount: $60,000PrI Initial Rate: 9.7S0% Date of Note: February 24, ?940
PROMISE TO PAY. Co le Millwork, Inc. ("borrower") promises to pay to Keystone Financial Bank, N.A. ("Lender"), or order, in
lawful money of the United States of America, on demand, the principal amount of Sixty Thoueand A 04/100 Dollars M60,000.00) or so much as
may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the
date of each advance until repayment of each advance.
PAYMENT. Borrower will pay this loan immediately upon Lender's demand. Payment in full is due immediately upon Lender's demand.
Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning March 24, 2000, with all
subsequent Interest payments to be due on the same day of each month after that. Unless otherwise agreea or required by applicable law,
payments Will be applied first to accrued unpaid interest, than to principal, and any remaining amount to any unpaid collection costs and late
charges. The annual interesl rate for this Note is computed on a 365WO 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 DATE. The interest rate an 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 highest rate will be used
(the "Index')- The Index is not necessarily the lowest rate charged by Lender on its loans. it me Index becomes unavailable during the term of this
loan, Lender may designate a substitute index after notice to Borrower. (..ender Wit 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 other rates as wel. The
Index currently is 8.750% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.0oo
percentage point over the Index, resulting In an Initial rate of 9.750% per annum. NOTICE: Linder no circumstances will the interest rare on this
Note be more than the maximum rate allowea by applicable law.
PREPAYMENT, Borrower may pay without penatty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to
by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will
reduce the principal balance due. Borrower agrees not to send I-ender payments marked "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 this Note, and Borrower will remain obligated to pay
any further amount owed to Lender. Ail written communications concerning disputed amounts, including any check or other payment Instrument that
Indicates that the payment constitutes "payment in full" of the amount owed or that is tendered wim 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 Nign Street; Carlisle, PA
17013.
LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower wi6 be charged 5.000% of the regularly scheduled
payment. if Lender demands payment of this loan, and Borrower does not pay the loan in full within 1s days after Lender's demand, Borrower also
will be charged 5.000% of the sum of the unpaid principal plus accrued unpaid interest.
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 to 6.000 percentage points over the Index The interest rate will not exceed the maximum rate permitted
by applicable taw. if judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate
applicable to this Note at the time judgment is entered.
DEFAULT. Each of the following shall constitute an event of default ("E=vent of Default") under this Note:
Payment Default, Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower tails 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 other agreement between
Lender and 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 Mat 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 the related documents.
False Statements, Any warranty, representation or statement mane or furnished to Lender by Morrower 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 furnished or becomes false or misleading
at any time thereafter.
insolvency. The dissolution or termination of Borrower's existence as a going btmness, the insolvency of Borrower, the appointment of a receiver
for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any
proceeding under any nankruptcy 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
includes a garnlshment 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 reasonableness of the claim which is the basis of me creditor or forfeiture proceeding
and if Borrower Sivas 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 being an adequate reserve or band far 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 revoke's or disputes the validity of, or liability under, any guaranty of the indebtedness . In the event of a death,
Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the
guaranty in a manner satisfactory to Lender, and, in doing so, cure any Invent of Default.
change to Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower,
]?,T uAn
OC1'-31-,2002 11:52AM FROM-M&T COM LOAN 800-260-2443 T-246 P.005/011 F-923
PROMISSORY NOTE
(Continued) Page 2
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Nate is Impaired.
tgsecurity. 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) morons, it may be cured (and no event of default will have occurred) if Borrower, after
receiving written notice from Lender demanding cure of such default: (1) Cures Ina default within fifteen (15) days; 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 compietes aA reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving•sucn notices as required by applicable law, declare the entire unpaid principal balance on
this Note ana all accrued unpaid interest immediately due, and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lander may hire or pay someone also to help collect the loan if Borrower aces not pay. Borrower will pay Lender
that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, wnetner or not there is a
lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modfy or vacate any automatic stay or injunction), and
appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law.
JURY WAIVER. Lender and Borrower nereoy 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 to accordance with federal taw and the laws of the Commonwealth
of Pennsylvania. This Note has been accepted by tender In the Carnmonweatlh of Pennsylvania.
CHOICE OF VENUE. it 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 permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
cneekmg, savings, or some other account). This includes ell accounts Borrower no105 jointly with someone else 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
authorises Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indentedness against any and all such accounts,
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.
LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested orally by Borrower or as provided to
this paragraph. All oral requests shall be confirmed in writing on the day of the request- All communications, instructions, or directions by telephone or
otherwise to Lender are to be directed to Lender's offloe shown above. The following persons currently are authorized to request advances ana
authorize payments under the line of credit until Lender receives from Borrower, at Lender's address shown above, written notice of revocation of their
authority: Kenneth W. Heiser; and M. Lucinda Heiser. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the
instructions of an authorized person or (l3) credited to any of Borrower's account. with Lender. The unpaid principal balance owing on this Note at
any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs.
CROSS-COLLATEF ALiZATION, The Financing Statments Doing held as security on this loan are the same as those filed with the Pennsylvania
Department of State in Financing Statment 029251437, recorded August 7, 1998 and as flied whin the Prothonotary of Cumberland County in Financing
Statement #98-4695, recorded Augusr 13, 1998.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors
and assigns, and shalt inure to the benefit of Lender and Lender's successors and assigns.
GENERAL PROVISIONS. This Note and is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude
Lender's right to declare payment of this Note on its demanq. Lender may delay or forgo enforcing any of its rights or remedies under this Note without
losing ;hem. 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 Iris Note, and unless otherwise expressly stated in writing, no parry who signs
this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such 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 the consent of or notice to anyone other than Ina parry with whom Ina modification is made.
The obligations under this Note are pint 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 this Note.
CONFESSION OF JUDGMENT. 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 WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, SUT 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 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 13E 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 HEREBY 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 LE=NDER SPECIFICALLY CALLED THIS CONFESSION OF
-JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED 13Y INDEPENDENT LE=GAL COUNSEL.
.OCT=31-2002 11:52AM FROM-M&T COM LOAN
800-260-2443 T-246 P.006/011 F-923
PROMISSORY NOTE
(Continued) Page 3
PRIOR TO SIGNING THIS NOTE, 13ORROWER 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 NOTE.
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:
COY14 L BER iLLWORK, 1PIC7
.
gy.;.;.... 'Seal)
enneth W. Heiser, silent of Coyle Lumber &
Mlliwonc, Inc.
By.. Seal)
M. da Heiser, Secretaryre4surer of Coyle
Lumber & Millwork, Inc.
QA48R PRO 4.n0ipq• Pw U8 P*L. T Y OFF., vv s 11 0o O'! ¢) 0MOnsr- lour. XOQO i1. R#W1! Jln.rwo -PA s ?CF?w1ryx.GFhyp4,p.oFC TR-1914 PP-11 -
COMMERCIAL GUARANTY
Ptotpat # oan ??at.. Maturity Loan.]
ota Ca1to?#ara1 AceQt?trt Offtcer
Carom SEQ... 3809 KN8fl1.
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
1000 Sandbank Road
Mt. Holly Springs, PA 17066
AMOUNT OF GUARANTY. The amount of this Guaranty is Unlimited.
Lender: Keystone Financial Bank, N.A.
West High Street Office
One West High Street
Carlisle, PA 17013
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, on demand, 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 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 quality 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.
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 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, shall be superior to any claim that Guarantor may now have or herea#ter 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 courtwill 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 capitali 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 4
GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO
ITS TERMS. THIS COMMERCIAL GUARANTY IS DATED FEBRUARY 24, 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:
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M. Lu i da Heiser, Individually
(LASER PRO Lending, Rag. U.S. Pat. 6 T.M. OFF., Ver. 5.12.0D.07 (c) Concentrex 1997, 2000. All Rights Reserved. - PA SACFIWIN21CFl1LPL1E20FC TR-1014 PR-11
COMMERCIAL GUARANTY
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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
1000 Sandbank Road
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, on demand, 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 noti?f 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 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; (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.
?F is :,
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 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, shall be superief-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 teiefacsimile'(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 4
GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO
ITS TERMS. THIS COMMERCIAL GUARANTY IS DATED FEBRUARY 24, 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 Sea[)
neth W. Heiser, dividuailY
[LASER PRO Lending. Rag. U.S. Pat. 6 T.M. OFF., Var. 5.12.00.07 (e) Con<antrax 1997, 2000. All RiOnu RaaarVad. - PA 5:\CF[WIN2\CFIILPL\E20.FC TR-1014 PR-11
DISCLOSURE FOR CONFESSION OF JUDGMENT
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.
Anv item above containing "aaa" has been omitted due to text length limitations.
Afflant: 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
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS au 1L4 DAY OF 120 Q=), A PROMISSORY NOTE FOR $60,000.00 OBLIGATING ME
TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, 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 NOTE, 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. 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 NOTE 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 NOTE, 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 1 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, 1 REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
AFFIANT:
COYLE LUM ER & M LWORK, N
By: ,. (Seal)
th W. Heiser, Pr ident of Coyle Lumber &
fillwork, Inc.
By: f???,tg,.? ' :°? (Seal)
Mr'L cinda Heisee, Secretary/Treasurer of Coyle
Lumber & Millwork, Inc.
ILASER PRO Lending, Rag. U.S. Pal. 8 T.M. OFF., Var. 5.12.00.07 (c) COncentre% 1997, 2000. All Rights Reserved. - PA S:%CFrW1N21CF11LPLN030.FC TR-1014 PR-11
? I,I, nCn
DISCLOSURE FOR CONFESSION OF JUDGMENT
Prtsl t} ?i Loan Rate atulrt?t....... Dart Na CaE# a?ta prat .. ... n# (?fftcet' Irtttta#s
y::: 02 .2=:Q;:7?4rt 1 trCT1M 3$fi33::;<;:;.::;:,:;: KlVSQ f .....
- ------ -- ----
6Q ow.
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 "'ei" has been omitted due to text length limitations.
Borrower: Coyle Lumber & Millwork, Inc.
231 East Old York Road
Carlisle, PA 17013
Affiant: Kenneth W. Heiser
1000 Sandbank Road
Mt. Holly Springs, PA 17065
Lender: Keystone Financial Bank, N.A.
West High Street Office
One West High Street
Carlisle, PA 17013
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS ?y*- DAY OF 20Q-V , A GUARANTY FOR AN UNLIMTED AMOUNT.
A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CbNFESSION 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 PERMITTEDBY 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: /
_ (Seal)
nneth W. H-eisetf, Individually
(LASER PRO Lending. Reg. U.S. Pat.8 T.M. OFF.. Ver. 5.12.00.07 (c) Concerti- 1997, 2000. All Rights Reserved. - PA SACFrW1N21CFhLPLAD30.FC TR-1014 PR-1)
DISCLOSURE FOR CONFESSION OF JUDGMENT
Ftr Eipa# #?r3an gate M#U. 'y loan Ma_ ?I t# t>?#a lra# Accotarzf . 4ificer t tI.tla#s .
02 ...24.:::?f 0 sQ?.:: 3tfQ ..; .CQMM ..> 386:333.... KNO f ...:.
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 "'ei1 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
1000 Sandbank Road
Mt. Holly Springs, PA 17065
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS _ DAY OF r-eQr.eiey , 20CC , 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. 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 G / f (Seal)
M. L--udin a Heiser, Individually,
ILASER PRO Landing. Reg. U.S. Pat. & T.M. OFF., Vor, 5,12,00.07(c) Con- trex 1997, 2000. All Rignte Aa, erved. - PA S:%CFIWlN21CFnLPL1000.FC TR-1014 PR-11
MM&TBarik
James T. Grady
Vice President
Special Assets Department
Telephone 610.373.3996
Facsimile 610.373.0606
E-mail: igrady @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. 386933-30011
Original Principal Amount: $60,000.00
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 February 24, 2000 in the original principal amount of $60,000.00 as referenced
above.
Terms of the Promissory Note provide that payment in full is due immediately upon
demand.
This letter constitutes notice to you that the Bank hereby demands immediate payment
of the entire balance due under the subject Promissory Note as follows:
Principal $58,144.72
Interest 347.66
Total Due as of
March 6, 2003 $58,492.38
Per diem after
March 6, 2003 $16.56
EXHIBIT "Y'
Manufacturers and Traders Trust Company • 501 North Wyomissing Boulevard, Wyomissing, PA 19610 • (610) 373-8807
March 6, 2003
PAGE TWO
Payment 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
ames T. Grady
Vice President
Special Assets
Via Regular and Certified Mail, Return Receipt Requested
OFFICE OF PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND
READING, PENNSYLVANIA
COUNTY
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. LUCINDA 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
(XXXX) Confession of Judgment
and entered to No. W - O.B. against Coyle Lumber & Millwork, Inc., Kenneth W.
Heiser & M. Lucinda Heiser plaintiff /? Def\ndant (s) , concerning Civil Suit
No. A.D. on 192`aA r -L, ,R/ in the sum of _, C2643 $ 64,306.85# plus costs. *Plus the following amounts accruing after March 6, 2003: Interest
at the rate of 6.00% per annum ($16.56 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
BY=
Deputy Prothonotary
File
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
?. r
NO. 63 - N(.L L"L6'
: 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 $64,306.85, plus the following
amounts accruing after 3/6/2003: Interest at the rate of 6.00%per annum ($16.56 per
day) upon the Complaint in Confession of Judgment and Confession of Judgment filed
herewith.
KOZLOFF STOUDT
Professional Corporation
WW v fene, Esquire
s for Plaintiff
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Barry W • Sawtelle, Esquire
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Attorney ID# 42936
Kpzloff estv1ew Drive
2640 W
P O BoX 6296
PA19610
Wyomissing,
(610) 670-2552
TRADERS
ANUF ACTURERS U D ESSOR TO
M COMPANY, BANK, N.A.,
TRUST ANCIAL
KEYSTONE FIN plaintiff
vs.
ORK, INC.,
LUMBER 6-r MaILLndWM.
COYL E 14EISEIZ vv. KENN
E'M
EISER,
LUCINDAH Defendants
ttorneys For. Plaintiff
A
COMMON PLEAS
IN THE CO'UR'T / PENNSYLV ANIA
OF CUMBER
CIVIL ACTION - LAW
•. NO. p3 - L 4(?
.. ASSIGNED TO:
CATION OF ADDRESSES
CERTIFI
eb certify that the addresses
wire, do her y
Sawtelle, Esq
I, Barry W set forthbelow
following parties are as
Plaintiff: Trust Company
rers and Traders
Manufac W tEsquire
c?j oBarry Sawelle,
Drive
2640 WeStview
P O BoX 6,296
PA 19610
wyomissifo , plaintiff
Attorney
Defendants'
ber & Millwork,lnc
Coyle Lum York Road
231 East O A 17013
Carlisle,
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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
Attorneys For: Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND, PENNSYLVANIA
: CIVIL ACTION - LAW
A ,r
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 -- l t446
: 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
KOZLOFF STOUDT
Professional Corporation
?awtelle, Esquire
for Plaintiff
Dated: March 14, 2003
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:
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
,awtelle, Esquire
for Plaintiff
Sworn to and sub cribed -
before me thiAffday
of /PkL6?2003.
L
40TARY PUBLIC NOTARIAL SEAL
JOLENE F. MOSER, Notary Public
Wyomissing, Berks County
My Commission Expires 12-2-2006
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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. 03-1466 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
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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. 03-1466 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: 2005
KOZLOFFSTOUDT
WTELLE
2Q"f40 West View Drive
P.O. Box 6286
Wyomissing, PA 19610
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. 03-1466 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, Coyle Lumber and Millwork, Inc. and M. Lucinda
Heiser on September 21, 2005 and by Defendant Kenneth W. Heiser on September 22, 2005.
Attached hereto and made a part hereof is the United States Postal Service Domestic
Return Receipts and Receipts for Certified Mail.
_ i
1. FOX
Sworn and subscribed to before me this
27th day of September, 2005.
NOTARIAL SEAL
Notary ublic ElizLebanonB CCowt,
My Commission Exp1m Nov. 29, 2008
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. 03-1466 Civil Term
VS.
COYLE LUMBER AND MILLWORK,
INC., KENNETH W. HEISER and
M. LUCINDA HEISER,
Defendants
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 - $66,306.85
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
HENRY L
By: --?_
MARC A. SS
I.D.#55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
Attorney for Plaintiff
¦ OM*Aete..ltema 1, 2, and 3. Also compkrte rtaane
rmi 4 if Restricted Delivery Is desired. 0 Agra
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so that we can retum the card to you, B. Received ( stied Nona) c: of OM
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. oron the front H apace permits. 03-14 b (o
1. Article Addressed to: D. lsaddress t]Ifetra som Alan 1 Yea
N YEs, enter deitmy address bekar. Cl No
Coyle Lumber & Millwork Inc.
231 East Old York Road
Carlisle, PA 17013
3. Type jowvlos EPCerlfflecl MaN ? e7tpess Mal
? Registered f] Rstum NeosO far Machrdes
? Insured Mdl O C.O.D.
4. Pmtdcted DalNW (EM Fee) ? Yes
2. Article Number
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Ps Forth 3811, Febnu 2064 Domestic Retum Rsc.lpt 102595d24F1e40
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U.S. Postal Service.,.,
CERTIFIED MAIL,., RECEIPT
(Domestic Mail Only; No insurance Coverage Provided)
For delivery information visit our website at www.usps.com.
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1. Article Addressed to
M. Lucinda Heiser
1000 Sandbank Road
Mount Holly Springs, PA
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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. CASE NO: 2003-1466
LUCINDA HEISER and COYLE
LUMBER AND MILLWORK, INC.,
Defendants
PRAECIPE
TO THE PROTHONOTARY:
Kindly enter the judgment in favor of Plaintiff MANUFACTURERS AND
TRADERS TRUST COMPANY and against Defendants KENNETH W. HEISER, M.
LUCINDA HEISER and COYLE LUMBER AND MILLWORK, INC. 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.
KOZLOFF STOUDT
Attorne o.: 42936
A ev for Plaintiff
RLE
OF THE PPf" !OTARY
2 0 9 9 l 'Y -4 P 2: 511-