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HomeMy WebLinkAbout00-07682 " " '.,- ,,', 'I~ ' '1. '. q ,~, A'" ''.'",--'--" l.i0,' \... i ~ Manufacturers & Traders Trust Co., Plaintiff, * IN THE * ~ COURT OF COMMON PLEAS v. * FOR i Shah Mathias and Shahnawaz M. Mathias, Defendent * CUMBERLAND COUNTY * CASE NO.: 2000-07682 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RELEASE/ ~ OF LIEN Dear Clerk: We, Manufacturers & Traders Trust Co., hereby waives the judgment lien that we have on the property known as 46.681 acres, Gingerfields and Brook Meadows Cluster Development, Silver Spring Township, Cumberland County, as further described in EXHIBIT "A" attached hereto and made a part hereof. MANUFACTURERS & TRADERS TRUST CO" BY, , r-- ~T~ . c.~. ,,9->, If. - . ~ I ,__, -- '~ '~.',,><' '., ",". _~ _" :'j-',..' "," C,,-," ~, ..",.. ',I "{I',, ",.r"",,;:<,I~"'" ~""~~.',:F'~:" c6..0' <, ~. . EXHIBIT "A" ALL THAT CERTAIN piece ol'parcel ofland situate in Silver Spring Township. Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21. 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75 and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.41 feet to a point; thence continuing along said dividing line between Lot Nos. I and 2 crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line oflands now or formerly oOohn C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Faust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Nail, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Viner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley. South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a .. point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. ~' , ,,' '":i ; .'to . .. .~ .~ ^".'~.., <H" "'''.' ".'.., ,I ~'."'~"'_'" "'""'.'~';'"'''I-''''''''''''-''''' ;o'"".;,,;,,~,.."~',"I",,,,,,,,,,,~ " p~ "Ji" LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5,10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132. Cumberland County Records. Consisting of 47.706 acres BEING THE SAME PREMISES which Shahnawaz Mathias tJa Eastern Development and Design and Debra A. Maihias, by deed dated June 2,1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/kJa Shahnawaz M. Mathias I/a Eastern Development and Design and Debra A. Mathias, his wife =~.., ".,~,."."". ...,., i/.Il.~~._..,.~,-,.........J" H~ ~..' , ,,~u~ ,,~.~ ,~,~ ~,,' ~~ , l-.> ,,~ - -.l -< --1\ -{:: 1;- v-, -". \.N ~,,' ~ =( 1'-'-' .. "" B g r t.f r r , ~. ~~~ "- ~t -..I l" C , . o r- ',. ~ f.f;I~; , :::! ;~~; :S.~-' f{~S -7 ~ ,~ ~~ . ,- ,--, 0) . ..(. ~ '" = = .1="" <-. :r" :eE o .1 :;J Fr1::D , :QP:J -'-1'---- O,.L -lU M::'~ ZO On: 5! ~ =< en ;,:,. ::;: '?"! .s::- .tit '~--,. ' -- " . I', - "~'='~ ,-~'- ".,',1>-<", ",'.' "~",+,d:;:';".e~I<""."''', '~.., ,'----,'"'--, BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00 - 7t..P~ Go~(~~ Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/kJa SHAHNAWAZ M. MATHIAS, t/a Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT I appear for the Defendants, Shah Mathias a/kJa Shahnawaz M. Mathias, t/a Eastern Development and Design and Debra A. Mathias, pursuant to the authority contained in a Promissory Note dated June 2, 1998 in the original principal amount of $625,000.00 and Acknowledgment of Confession of Judgment thereto, executed by the Defendants, Shah Mathias a/kJa Shahnawaz M. Mathias, t/a Eastern Development and Design and Debra A. Mathias, in favor of the Plaintiff, a true and correct copy of which is attached as Exhibit "A" to the Complaint filed in this action, and confess judgment in favor of the Plaintiff and against the Defendants, jointly and severally, as follows: Principal Balance: Interest through 10/20/00: Late Charges through 10/20/00: Attorney's Fees: TOTAL: $625,000.00 $ 30,468.75 $ 13,595.13 $ 20,000.00 $689,063.88 Together with interest at the Prime Rate (currently $177.95 per diem) from October 21, 2000 forward, and for all additional late charges, attorney's fees and costs of suit. By: BINU' HESS, COBLENTZ & BELL, P.C. ~~ Mark <;3. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company Date: I tJ ~ 7- t:J - 06 167903 ~~ . >'__~ C,_'"". -_:'->'>~'~,',' ~. ,"',1" ",,,,,,,,,,;,,~'''',,,'I,';,,,,,''''-''I-'_<<,__ " "';"I,,~,,:', ",,'"',,',"'- '"< . '!if BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 PO Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST NO. COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT 1. The Plaintiff, Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA, is a New York banking corporation maintaining an office at 601 Dresher Road, Horsham, PA 19044-2203. 2. The Defendants, Shah Mathias a/k/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias maintain an address of 322 Cape Horn Road, P.O. Box 163, Red Lion, PA 17356. 3. On or about June 2, 1998, the Defendants executed and delivered to Keystone Bank, NA, a Promissory Note in the original principal amount of $625,000.00, together with an Acknowledgment of Confession of Judgment thereto (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 4. Since the date of this Note, Keystone Bank, N.A. has become, by merger, Manufacturers and Traders Trust Company (the "Bank"). The Bank has not assigned the Note and is the holder thereof. 5. Judgment has not heretofore been entered on the Note in any jurisdiction. 6. The Defendants have defaulted in their obligations under the Note, due to, without limitation (i) failure to make payments of principal and interest when due; (ii) failure to pay the Note in full by its Maturity Date of June 2, 2000 and (Iii) by Defendants permitting the real estate constituting collateral for the debt secured by the Note to be encumbered by another lienholder without the prior written consent of the Bank. The 167903 , --., ",--",'",,', "I'"', ^..""" ~,.' -' ' ""'1 ""'-0;'1'.,,,,, __:~'''" '" ','. ,L '. " ,'.' ~" . ":'~! H ;1 I i f' Note permits entry of judgment by confession against the Defendants at this time. i, I 7. Judgment is not being entered by confession against a natural person in connection with a consumer transaction in that the debt evidenced by the Note is for commercial purposes. 9 The Defendants are liable to the Plaintiff under the Note as follows: [0 I' I. I i i. f~ ! i I. ! I, 8. The Note permits that under the terms of the Note, the Borrowers are liable for reasonable attorneys fees in the event of default and entry of judgment by confession. Attorneys fees of $20,000.00 are reasonable in this instance. Principal Balance: Interest through 10/20/00: Late Charges through 10/20/00: Attorney's Fees: TOTAL: $625,000.00 $ 30,468.75 $ 13,595.13 $ 20.000.00 $689,063.88 'I'. " Ii I Together with interest at the Prime Rate (currently $177.95 per diem) from October 21, 2000 forward, and for all additional late charges, attorney's fees and costs of suit. WHEREFORE, the Plaintiff demands judgrnent against the Defendants, Shah Mathias a/k/a Shahnawaz M. Mathias, t/a Eastern Development and Design and Debra A. Mathias, jointly and severally, in the total amount of $689,063.88 together with interest at the Prime Rate (currently $177.95 per diem) from October 21, 2000 forward, all additional late charges, attorneys' fees, and costs of this action. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: ~~~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company Date ! 0- '2- '5 - 00 167903 1- ,11, ~!"" KEYSTONE BANK, N.A. PROMISSORY NOTE :r&.(..~ 2. .1998 $625,000.00 FOR VALUE RECEIVED, Shah Mathias a/k/a Shahnawaz M. Mathias, tJa Eastern Development and Design and Debra A. Mathias, (collectively the "Borrowers") jointly and severally promise to pay to the order of KEYSTONE BANK, N.A., a national banking association with its principal office at 601 Dresher Road, Horsham, PA 19044-2203 (the "Bank") in lawful money of the United States of America the principal sum of SIX HUNDRED nVENTY-FlVE THOUSAND AND NO/lOO ($625,000.00) DOLLARS, with interest and subject to the terms and conditions as set forth herein. l. Definitions. When used in this promissory note the following terms shall have the following meanings: (a) Agreement - When executed by the Borrowers, the Construction Loan Agreement bearing this date between the Bank and the Borrowers setting forth the certain terms and conditions with respect to the loan evidenced by this Note, together with any and all subsequent amendments, modifications, supplements or additions to that Agreement. (b) Bank - Keystone Bank, N.A., its successors and assigns. (c) Borrowers - Shah Mathias a/k/a Shahnawaz M. Mathias tJa Eastern Development aild Design and Debra A. Mathias, adult individuals maintaining an address at 3255 Cape Horn Road, P.O. Box 163, Red Lion, York County, Pennsylvania 17356. f (d) Letters of Credit. Collectively, those standby Letters of Credit issued! by Bank on account of Borrowers in favor of Silver Spring Township and the Silver Spring Township Authority in accordance with the Agreement. ' ( e) Keystone Bank's Prime Rate - A floating annual rate of interest that is designated from time-to-time by the Wall Street Journal as a reference base with respect to different interest rates charged to borrowers; if the interest rate payable on any of the financial accommodations referred to in this Note makes reference to the Keystone Bank's Prime Rate, then. the rate of interest payable on those accommodations shall change simultaneously and automatically upon the Bank's designation of any change in its Prime Rate; the Bank's determination and designation from time to time of the Prime Rate shall not in any way preclude the Bank from miling loans to other borrowers at rates which may be higher or lower than, or otherwise different from, the Prime Rate. (f) Liabilities - The principal and interest evidenced by this Note as well as any other liabilities of Borrowers to Bank, whether now existing or hereafter incurred, matured or unmatured, including all past and future advances or re-advances, and any extensions, modifications or renewals thereof in substitution therefor; all amounts advanced by Bank hereunder or on behalf of Borrowers; all late charges, penalties, fees and other such sums due under this Note, exHiBiT It. . < . ~ ~_J ,. , "I. ~ ' ...L...~~ ~ '. ,...-;---. all liabilities (including attorneys fees and other professional fees, and costs) incurred by Bank or arising from or related to any hazardous materials or dangerous environmental conditious at the real property subject to the Mortgages and all of Bank's costs and expenses incurred in connection with the enforcement and collection of the foregoing liabilities, whether or not suit is instituted, and whether or not bankruptcy or insolvency proceedings have been instituted by or against Borrowers, including without limitation, reasonable fees and costs of attorneys, appraisers, accountants, consultants and other professionals, to the extent incurred by the Bank in accordance with the Loan Documents. (g) Loan Documents - This Note, the Mortgages, the Construction Loan Agreement and all other documentation executed by the Borrowers in conjunction therewith, including all documents referred to as "Loan Documents" under the Agreement. (h) Maturity Date - The date all sums due hereunder are payable in full, unless demand therefor has been previously made in accordance with the tenns hereof, which shall be the two-year anniversary date hereof unless extended by the Bank in accordance with the terms of the Agreement. (i) Mortgages - Collectively, (a) that certain mortgage in the original face amount of $625,000.00 bearing this date executed and delivered by the Borrowers to the Bank under which the Borrowers grant the Bank a first-lien mortgage in and to that certain Real Estate as security for this Note; and (b) that certain mortgage in the original face amount of $1,368,000.00 which is an open-end mortgage bearing this date, executed and delivered by the Borrowers to. the Bank under which the Borrowers grant the Bank a second-lien mortgage in and to that certain Real Estate; both of which mortgages are cross-collatera1ized and cross-defaulted. (j) Note - This promissory note and all extensions, renewals, replacements," amendments and substitutions hereto. ' (1<) Other Defined Tenns - Uuless expressly indicated to the contrary, all terms defined in the Agreement shall have the same meaning when used in this Note. (I) Project. The acquisition of the Real Estate by Borrowers and the improvement of the Real Estate by completion of municipal and other site improvements relating to that portion of the Real Estate consisting of 73 single family home lots mown as the Ginger. Fields . subdivision, and the site improvements relating to that portion of the Real Estate consisting of the Brook Meadow Condominium Cluster Development ("Condominium") and the marketing of the improved single family lots and the condominiums to third-party purchasers. (m) Real Estate. That certain real estate consisting of approximately 47.706 acres, together with the improvements constructed and to be constructed thereon, owned by the . Borrowers and located in Silver Spring Township, Cumberland County, P A, part of which comprises the 73 single family lot subdivision mown as Ginger Fields and including an area designated as the Brook Meadow Condominium Cluster Development (36 units), in accordance with a Land Development Plan prepared by Eastern Development and Design, being File Name 2 nOB2~.1 ~'" ~,,-;,,: ~ _...""""",,1 ., .1 ""I ~-'" 1002PTTL.DWG, Job No. 100.2, intended for recording contemporaneously herewith with the Recorder of Deeds of Cumberland County, all of which Real Estate is subject to the Mortgages. 2. Advances. Borrowers agree and acknowledge that advances of credit under this Note shall be made by the Bank in accordance with the terms and conditions of the Agreement, and this Note constitutes the Note identified in the Agreement as "Note No. I". 3. Interest Terms. (a) General. The principal amount outstanding hereunder from time to time shall bear interest continuously at Keystone B.ank's Prime Rate plus .75% per annum from settlement hereunder through the date of repayment in full, subject to paragraph 14( a) hereof. (b) Computation. Interest shall be computed on the basis of a 360-day year for the actual number of days elapsed (365/360). 4. Repayment Terms. This Note shall be repayable in accordance with the following terms: (a) Interest on the outstanding balance shall be payable on the first date of each month for the term of this Note; (b) The first monthly payment of interest shall be due on or by the first day of the next calendar month after the date hereof, with regular monthly payments due by the first of each month thereafter for the term of this Note; (c) A payment of principal shall be paid by Borrowers to Bank in the amount 0[, $30,500.00, payable in full at settlement of the sale of each improved single family lot within that . portion of the Project Real Estate referred to as Ginger Fields to a third-party purchaser, with such payments to continue until such time as the outstanding aggregate balance due under this Note shall ' have been permanently repaid in full; (d) A payment of principal shall be paid by Borrowers to Bank in the amount of $25,500.00, payable in full at settlement of the sale of each condominium unit, or from the sale of each lot on which a condominium unit is to be constructed, within that portion of the Project Real - Estate referred to as the Brook Meadow Condominium Cluster Development ("Condominium"), to a third-party purchaser, with such payments to continue until such time as the outstanding aggregate balance due under this Note shall have been permanently repaid in full; and ( e) Additionally, one final payment of all principal, interest and other sums due hereunder shall be payable on or by the Maturity Date of this Note. 5. Additional Payment Provisions. (a) Time and Place. All payments, including prepayments, of principal and/or 3 1:<!OB:<!4.1 L"j ~ ""- - I ,. ~I.' . ,0..,.,1 L " Iii!: ' !~i1""! interest by the Borrowers under this Note shall be made at any office of the Bank, or such other place or places as the Bank may direct, prior to 1 :30 P.M., Lancaster, Pennsylvania time, on or by the first day of each month, in lawful money of the United States of America and in immediately available funds. (b) Funds/Automatic Charge. All payments by the Borrowers hereunder shall be made by Borrowers to Bank in immediately available funds on or by the dates and times due as set forth herein, or, at Borrowers' option, may be made by automatic charge under Automated Clearing House rules to a designated deposit account of the Borrowers maintained at the Bank. It is anticipated that the Bank shall directly debit a deposit account designated and defined under the Agreement as the Interest Reserve Account, to be established contemporaneously herewith as a condition of settlement under the Agreement. The Borrowers agree to execute any documentation reasonably required by the Bank to further evidence their authorization to the designated depository bank to charge their deposit account or accounts for any payments due hereunder. Such authorization shall not relieve the Borrowers from their primary responsibility to make all payments when due. (c) F eeslInterest Revenue. In addition to the payments due as set forth at paragraph 4 above, Borrowers shall pay to the Bank loan fees and shall fund its Interest Reserve Account at settlement of any of the Lots or Units in the Project Real Estate in accordance with the terms of the Agreement. 6. Late Charges. The Borrowers will pay a late charge of the greater of$15.00 or 2% of the amount due on each required payment which is not paid within 15 days after it is due. 7. Additional Advances; Costs, Expenses. The Borrowers for repayment of this Note, agree to repay to the Bank on demand any sums advanced by the Bank under any provision of this r Note, the Mortgages, the Agreement or other Loan Documents incurred to protect or preserve the ~. property subject to the Mortgages or to enforce this Note or the Agreement or the Mortgages. If, this Note, the Mortgages or the Agreement is referred to an attorney following an Event of Default, as defined herein, for collection of any sum due hereunder or thereunder, the Borrowers agree to pay such attorneys' reasonable fees, whether or not any actions or foreclosure proceedings are co=enced or taken to judgment or execution. All such advances, costs, expenses and attorneys' fees shall be added to the principal indebtedness evidenced by this Note, shall be secured by the Mortgages. and shall bear interest at the rate stated in this Note until paid in full to the Bank. 8. Application of Payments. All payments under this Note may, in the Bank's sole determination, be applied to. (i) reimburse the Bank for any advances made or costs incurred by the Bank under any provision of this Note, the Mortgages and/or the Agreement, including but not limited to reasonable attorneys' fees; (ii) any accrued, unpaid late charges; (iii) accrued, unpaid interest; and (iv) the unpaid principal balance of this Note, in such order and amounts as the Bank may elect. Any particular order or method of application by the Bank of any payments made hereunder shall not constitute a course of dealing between the Borrowers and the Bank or prevent 4 120824.1 - ~ .'" ,......,1 ~ ~~ " l ...n ' ...1 I...., ~~ '-~>:i,:'" the Bank from applying other payments in any other order or manner which the Bank may select. 9. Agreement. This Note is the promissory note described in the Agreement as "Note No. I". All provisions of the Agreement are incorporated in this Note by reference. 10. Security. This Note is secured by, is subject to the terms and conditions of, and is entitled to all the rights, remedies and benefits of: (a) the Mortgages as defined in paragraph 1 above; (b) the Assignment of Agreements as defined in the Agreement; and (c) the Bank's lien as set forth at paragraph 11 hereof. . - 11. Bank's Lien. The Borrowers also grant the Bank a security interest in all monies, securities and other property of the Borrowers and the proceeds thereof, now or hereafter in the possession or custody of, or in transit to, Bank or any of its affiliates or subsidiaries, for safekeeping, collection, pledge or other purpose including, without limitation, all deposits (whether general or special), including but not limited to the Interest Reserve Account, and credits now or hereafter maintained by Borrowers with Bank, or any of its affi1iates or subsidiaries, and in any claims of Borrowers against Bank, or any of its affi1iates or subsidiaries, which are referred to collectively as "Collateral" for purposes hereof, and Bank may, at its option and without notice, setoff toward the payment of any of the liabilities created under this Note or under the Loan Agreement in such order as Bank may determine, the balance of each such account with, and each claim against Bank, or any of its affiliates or subsidiaries. Bank is deemed to have exercised such right of setoff and have made a charge against such account immediately upon the occurrence of a , default even though such charges made or entered on the books subsequently by Bank. Bank has, I but is not limited to, the right at any time and from time to time, without notice to: (a) pledge, assign or transfer this Note or the Collateral or any portion thereof; (b) transfer into its own name or that of its nominee all or any part of the Collateral; ( c) exercise voting rights on any Collateral; and (d) take control of the proceeds of any Collateral. 12. Payment of Costs. All amounts advanced by Bank hereunder or on behalf of Borrowers and all other fees, costs and expenses incurred by Bank and included in the Liabilities shall be due and payable upon demand in accordance with the Agreement, with interest at an annual rate which shall be 2% above the rate of interest otherwise payable under this Note, from the date of payment by Bank until paid in full. 13. Events of Default. 5 120824.1 "" _L - ,IJ'"" , ~I '~,;jj;"...""...,,,,;;,,..,; The following shall constitute Events of Default hereunder: (i) failure by the Borrowers to make any payment due hereunder or under the Agreement or under the Mortgages or the other Loan Documents, when and in the manner due, whether by acceleration, maturity or otherwise; (ii) if any other default occurs under the Mortgages, the Agreement or any of the other Loan Documents if not cured within any applicable cure period; (iii) if any governmental unit with authority and jurisdiction over the construction project financed with the proceeds of this Note shall issue any notice or order ceasing construction of the Project or delaying construction beyond the time limits set forth in the Loan Document,s; (iv) if the Real Estate or any property of the Borrowers, or either of them, becomes the subject of any attachment, garnishment or levy; (v) Filing by the Borrowers, or either of them, of a voluntary petition in bankruptcy or a voluntary petition or ally answer seeking reorganization, arrangement, readjustment of their debts or for any other relief under the United States Bankruptcy Code, as amended, or under any other insolvency act or law, state or federal, now or hereafter existing, or any formal written consent to, approval of, or acquiescence in, any such petition or proceeding by the Borrowers: the application by the Borrowers for, or the appointment by consent or acquiescence of, a custodian, receiver or trustee of, the Borrowers or for all or a substantial part of their property; the making by the Borrowers of an assignment for the benefit of creditors; the inability of the Borrowers, or the admission by the Borrowers in writing of their inability, to pay their debts as they mature; I, (vi) Filing of any involuntary petition against the Borrowers, or either OP them, in bankruptcy or seeking reorganization, arrangement or readjustment of their debts or for any other relief under the United States Bankruptcy Code, as amended, or under any other insolvency act or law, state or federal, now or hereafter existing; or the involuntary appointment of a custodian, receiver or trustee of the Borrowers or for all ora substantial part of the property of the Borrowers; and the continuance of any of such events for a period of 60 days undismissed, unbonded or undischarged; (vii) if Borrowers cease to conduct business operations in the manner and to the extent of such business as of the date of this Note; (viii) if the Borrowers, or either of them, assign, transfer or attempt to assign or transfer any of their right, title and interest in any of the Bank's collateral without the consent of the Bank; (ix) if the Real Estate subject to the Mortgages becomes the subject of any junior or subordinate lien or encumbrance without the prior written consent of the Bank, which 6 120824.1. - ~I, . ,I _I -'~ , 'ilIl '..... ~liIl!'" '1;'0, consent shall not be unreasonably withheld; (x) the failure by the Borrowers to observe or perform any covenant, agreement, condition or term of this Note, or any document, mortgage or other security document executed by the Borrowers and delivered to the Bank in connection with any of Borrowers' Liabilities; (xi) breach by the Borrowers of any other obligation or duty to the Bank provided the same shall not be cured within ten (10) days written notice thereof by Bank to Borrowers; (xii) if any representation or warranty in any financial or other statement, schedule, certificate or other document of the Borrowers delivered to the Bank by or on behalf of the Borrowers shall proveJo be false, misleading or incomplete in any material respect; (xiii)if either of the Borrowers should die; (xiv) if a material adverse change occurs in the financial condition of the Borrowers which is unacceptable to the Bank in its reasonable discretion from the condition most recently disclosed to the Bank in any manner; or (xv) if a draw, partial or complete, shall be made under any of the Letters of Credit. 14. Rights Upon Default; Remedies. If any Event of Default occurs, then: (a) Upon written notice to Borrowers by Bank, interest shall accrue on all sums r due under this Note at.an annual rate which shall be two (2%) percent above the rate of interest' otherwise payable hereunder. At the option of Bank, interest which is not paid when due shall be , added to principal. If any of the Liabilities or any portion thereof owing to Bank is not paid in full when due, Bank may, at its option and without notice, withdraw from any account or accounts of the Borrowers with Bank an amount equal to such overdue amount and to apply such amount to the payment of the overdue Liabilities. (b) under this Note; Bank shall have no further obligation to advance funds to the Borrowers (c) the unpaid principal balance of, all accrued, unpaid interest on, and all other sums due under this Note and the Agreement shall, at the Bank's option become immediately due and payable without prior notice or demand to the Borrowers; (d) the Bank may exercise all or any of its rights and remedies set forth in the Agreement; (e) the Bank shall be entitled to offset any and all sums it is holding on behalf of 7 120824.1 ~""'" ,,~ ........_1 " ~I' .1 1'liiIllIIIiI1ilIlIlIllIWIl the Borrowers in deposit accounts, certificates of deposit, or otherwise, and apply. such sums on account of Borrowers' obligations under this Note; (1) Bank may exercise any and all remedies available to it under the Loan Documents, or any of them, together with all rights and remedies available to it under any applicable law or in equity for enforcement and collection of all Liabilities due hereunder or under the Agreement, including, without limitation, the rights and remedies available to a mortgagee, the rights and remedies available to an assignee of leases and rents and the rights and remedies of an assignee of Borrowers' agreements and contracts affecting the mortgaged real estate; (g) THE BORROWERS AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND ENTER JUDGMENT AGAINST THEM FOR THE THEN UNPAID PRlNCIP AL BALANCE OF THIS NOTE AND ALL SUMS DUE UNDER THE AGREEMENT, TOGETHER WITH ALL ACCRUED, UNPAID INTEREST AND LATE CHARGES, COSTS OF SUIT AND REASONABLE ATTORNEYS' FEES (BUT NOT LESS THAN $1,000.00), WITH OR WITHOUT DECLARATION OR STAY OF EXECUTION, AND WITH RELEASE OF ERRORS. THE POWER TO ENTER JUDGMENT AGAINST THE BORROWERS FOR REPAYMENT OF THIS NOTE SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THE POWER AND SHALL CONTINUE FROM TlJ\1E TO TIME AND AT ALL TlJ\1ES UNTIL FULL PAYMENT OF ALL AMOUNTS DUE UNDER THIS NOTE. 15. Confession of Judgment Acknowledgements and Waivers. THE BORROWERS ARE AWARE OF THE SPECIAL RIGHTS CONFERRED ON THE BANK BY SECTION 14(g) HEREOF SETTING FORTH BANK'S RIGm TO CONFESS JUDGMENT. IN THAT REGARD, BORROWERS MAKE THE FOLLOWING SPECIFIC ACKNOWLEDGEMENTS, AND WAIVERS: (i) THE BORROWERS ARE FULLY AWARE OF THEIR RIGms · TO PRIOR NOTICE AND HEARING ON THE V ALInITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY THE BANK UNDER THE LOAN DOCUMENTS BEFORE JUDGMENT CAN BE ENTERED AND BEFORE ASSETS OF THE BORROWERS CAN BE GARNISHED AND ATTACHED; (ii) THE BORROWERS ARE FULLY AWARE .THAT BY .AUTHORlZING CONFESSION OF JUDGMENT, THEY ARE GNING UP THE RIGHT TO ANY NOTICE OR OPPORTUNITY TO BE HEARD PRIOR TO THE ENTRY OF JUDGMENT IN FAVOR OF THE BANK AND PRIOR TO GARNISHMENT AND ATTACHMENT OF BANK ACCOUNTS AND OTHER ASSETS EXCEPT AS SPECIFICALLY PROVIDED BY THE PENNSYLVANIA RULES OF CIVIL PROCEDURE; (iii) THE BORROWERS ARE FULL Y AWARE THAT A JUDGMENT ENTERED AGAINST THEM WILL CONSTITU1E A LIEN UPON ANY REAL ESTATE OF THE BORROWERS LOCATED IN THE COUNTY IN WHICH JUDGMENT IS ENTERED AND WILL ENTITLE THE BANK TO IMMEDIATE ATTACHMENT AND GARNISHMENT 8 120824.1 < "'lII!Ii.U'~'l:-;" ~"~ ~ ." ",'~ '1i>S1 J , ~ , L. ,-" ~,~lUblft>ll;IMli"I'IiI,~~,~'. OF BANK ACCOUNTS AND OTHER PERSONAL PROPERTY OF THE BORROWERS WITHOUT PRIOR NOTICE EXCEPT AS SPECIFICALLY PROVIDED BY THE PENNSYL VANIA RULES OF CIVIL PROCEDURE; (iv) THE BORROWERS WANE THE RIGHTS WHICH THEY HA VB TO PRIOR NOTICE AND HEARING ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THE BORROWERS BY THE BANK UNDER THE LOAN DOCUMENTS AND AGREES THAT UPON OCCURRENCE OF AN EVENT OF DEFAULT UNDER THE LOAN DOCUMENTS, OR AT ANY TIME THEREAFTER, THE BANK MAY OBTAIN A JUDGMENT AGAINST THE BORROWERS WITHOUT THE BORROWERS' PRIOR KNOWLEDGE OR CONSENT AND WITHOUT THE OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM WHICH BORROWERS MAY HAVE, AND MAY GARNISH AND ATTACH THE BANK ACCOUNTS AND OTHER ASSETS OF THE BORROWERS WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR A HEARING EXCEPT AS SPECIFICALLY PROVIDED BY THE PENNSYLVANIA RULES OF CIVIL PROCEDURE; (v) THE BORROWERS ACKNOWLEDGE THAT THEY WILL BE WABLE TO CHALLENGE THE JUDGMENT IN THE EVENT THAT THE BANK ENTERS THE JUDGMENT, EXCEPT BY PROCEEDING TO OPEN OR STRIKE THE JUDGMENT; AND THAT SUCH A PROCEEDING WILL REQUIRE PAYMENT OF ATTORNEYS FEES AND COSTS BY THE BORROWERS; AND (vi) THE BORROWERS REPRESENT AND WARRANT THAT THE LOAN FOR WHICH THEY HAVE BECOME OBLIGATED FOR REPAYMENT PURSUANT TO THE LOAN DOCUMENTS HAS BEEN ADVANCED FOR BUSINESS PURPOSES. 16. Waiver of Trial by Jury. The Borrowers agree that any suit, action, or proceeding, . whether claim or counterclaim, brought or instituted by any party hereto or any successor or assign , of any party on or with respect to this Agreement or any other document which m any way relates, directly or mdirectly, to the Loans or any event, transaction, or occurrence arismg out of or m any way connected with the Loans, or the dealings of the parties with respect thereto, shall be tried only by a court and not by ajury. THE BORROWERS HEREBY EXPRESSLY WANE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH SUIT, ACTION, OR PROCEEDING. THE BORROWERS ACKNOWLEDGE AND AGREE THAT THIS PARAGRAPH IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT BETWEEN THE PARTIES AND THAT THE BANK WOULD NOT EXTEND THE LOAN TO THE BORROWERS IF THIS WANER OF JURY TRIAL SECTION WERE NOT APART OF THIS AGREEMENT. 17. No Waiver. Any delay or failure by the Bank to exercise any of its rights or remedies under this Note or the Agreement shall not constitute a waiver thereof or prevent the Bank from exercismg such right or remedy upon the same or any other default at any time or times. The remedies of the Bank hereunder are cumulative. Bank is not required to resort to any particular security or person or persons to enforce payment, and Bank is not subject to any maf"halling requirements or equities as between or among the Borrowers. 9 120824.1 "' l~_".~ _I" .i,1 ... ,l~~~." >I1,~V 18. Modification; Release. From time to time, without notice to the Borrowers for repayment of this Note, this Note may be extended or renewed in whole or in part. As to any extension or renewal, the rate of interest thereon may be changed or fees in consideration of loan extensions may be imposed and any related right or security therefor may be waived. exchanged, surrendered. or otherwise dealt with and any of the acts mentioned in this Note may be done, all without affecting the liability of the Borrowers for repayment of this Note, each of whom sha1l remain liable under this Note which liability shall be unaffected by any extension or renewal. The release of any person liable upon or in respect to this Note sha1l not release. any other person so liable. The acceptance by the Bank of any additional security for the performance of the terms and provisions of this Note shall not in any way affect the liability of the Borrowers for repayment of this Note. 19. Note Construction. The invalidity or any portion of this Note shall not affect the remaining portions, or any part thereof, and in the case of any such invalidity this Note shall be construed as if such portion had not been inserted. 20. Consent to Jurisdiction. Borrowers irrevocably agree and consent to the exclusive jurisdiction of the Courts of Co=on Pleas for any county in Pennsylvania where Bank has an office and/or the United States District Court for the Eastern District of Pennsylvania in any and all disputes, actions, or proceedings between Borrowers and Bank, whether arising hereunder or under the agreement or any of the Loan Documents. Borrowers irrevocably agree to service by process by certified mail, return receipt requested, to Borrowers at the address listed on the records of the Bank. However, Bank is not precluded from bringing an action against the Borrowers in any jurisdiction in the United States or elsewhere in which Borrowers or any of their property is located. Borrowers agree not to make any objection in any such action or proceeding that the venue is improper or the forum is inconvenient. 21. Notice. All notices, consents and other co=unications required by or given under, this Note shall be in writing and shall be given by either (a) hand delivery, (b) first class mail (postage prepaid), (c) reliable overnight co=ercial courier (charges prepaid), or (d) facsimile or telecopy transmission or other means of electronic transmission, if confirmed promptly by any of the methods specified in clauses (a), (b) or (c) of this sentence sent to the address on the records of the Bank and. in the case of Bank, if sent to the address and attention of the loan officer servicing the account of the Borrowers. 22. Waivers. The Borrowers waive presentment for payment, demand. notice of dishonor, protest, and notice of protest with regard to this Note, as well as ail further notice of any kind in connection with the delivery, acceptance, default or enforcement of this Note, and all notice or right of approval of extensions, renewals, modifications or forbearances which may be allowed. 23. Applicable Law. This Note shall be construed and enforced in accordance with the laws of the Co=onwealth of Pennsylvania. 10 120824.1 _I ~=~ .. '1<1", , I~ . ^''''~~~tT,~, 24. Instrnment Under Seal. It is the intention of the Borrowers that this Note shall constitute an instrument under seal. (...--- Shah Mathias alkJa I1linawaz . Mathias tJa Eastern Development and Design ~bJ.o. (1 ~ Debra A. Mathias 11 , r ': 120824.1 I", ,- ! '>, ,I'" . . '~, COMMONWEALTH OF PENNSYLVANIA COUNTY OF '-- OJl C. Ct 5 +e ,,- : ss. On this, thJ~y of J~ , '1998, before me, the undersigned officer, a notary public in and for said county and state, personally appeared Shah Mathias aIkIa Shahnawaz M. Mathias tla Eastern Development and Design, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Promissory Note and acknowledged that he executed the same for the purposes contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Vd;<'I-A ~~ Notary Public 7 D....._. NoTAAIAL.c>e.. . -"""8 L Schll/l":""L Yon.: ... 'nulaly 1>....._ j My~I1rCouIlty.PA""" &P'res May.?, 2001 - COMMONWEALTH OF PENNSYL VANIA COUNTYOF L(^)I,c~s+er : ss. On this, th~ ~y of ~ 1998, before me, the undersigned officer, a notary public in and for said county and state, personally appeared Debra A. Mathias, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Promissory Note and acknowledged that she executed the same for the purposes contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Gcetu;;~A '-I!4Mf Notary Public NOTARIAL SEAl Patricia L Schell, Notary P\IbIic YOlk. Yolk County, PA My Cqmmis8lon ExpIres May 7, 2001 12 1<:09<:4.1 ~ ~I t ~ "_~ , .iiI, . ..I~ .. '~~-Z, ACKNOWLEDGEMENT OF CONFESSION OF JUDGMENT THE UNDERSIGNED OBLIGORS ACKJ.'l"OWLEDGE AND AGREE THAT THE OBLIGORS HAVE HERETOFORE EXECurnD AND DELNERED TO THE BANK THE FOREGOING PROMISSORY NOTE IN THE AMOUNT OF $625,000.00 (THE "NOTE"). THE PROMISSORY NOTE CONTAINS A CONFESSION OF JUDGMENT CLAUSE PURSUANT TO WHICH THE BANK IS AUTHORIZED TO ENTER JUDG1v1ENT AGAINST SHAH MATHIAS NKJA SHAHNAWAZ M. MATHIAS T/A EASTERN DEVELOPMENT AND DESIGN AND DEBRA A. MATHIAS UNDER THE PROMISSORY NOTE. THE UNDERS~NED AGREE THAT JUDGMENT MAY BE ENTERED ON THE PROMISSORY NOTE AT ANY TllvIE IN THE EVENT A DEFAULT SHOULD OCCUR PURSUANT TO THE TERMS OF THE NOTE. IN THE EVENT ANY PAYMENT IS NOT MADE BY THE DATE SUCH PAYMENT IS DUE, OR IF ANY OTHER DEFAULT SHOULD OCCUR, JUDGMENT BY CONFESSION MAY THEREAFTER BE ENTERED AT ANY TllvIE. THE UNDERSIGNED HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY ACKNOWLEDGE, CONSENT AND AGREE AS FOLLOWS: (a) THE UNDERSIGNED ARE FULLY AWARE OF THE RIGHTS OF THE UNDERSIGNED TO PRIOR NOTICE AND HEARING ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY THE BANK UNDER THE PROMISSORY NOTE BEFORE JUDG1v1ENT CAN BE ENTERED AND BEFORE ASSETS OF THE UNDERSIGNED CAN BE GARNISHED AND ATTACHED; (b) THE UNDERSIGNED ARE FULLY AWARE THAT BY AUTHORIZING CONFESSION OF JUDG1v1ENT, THE UNDERSIGNED ARE GIVING UP THEIR RIGHTS TO . ANY NOTICE OR OPPORTUNITY TO BE HEARD PRIOR TO THE ENTRY OF JUDG1v1ENT I IN FAVOR OF THE BANK AND PRIOR TO GARNISHMENT AND ATTACHl\1ENT OF . BANK ACCOUNTS AND OTHER ASSETS OF THE UNDERSIGNED EXCEPT AS MAY BE . SPECIFICALLY PRESCRIBED BY APPLICABLE RULES OF CIVIL PROCEDURE WITH RESPECT TO CONFESSIONS OF JUDG1v1ENT; (c) THE UNDERSIGNED ARE FULLY AWARE THAT A JUDG1v1ENT ENTERED AGAINST THE UNDERSIGNED WILL CONSTITUTE A LIEN UPON ANY REAL ESTATE OF THE UNDERSIGNED LOCATED IN THE COUNTY IN WHICH JUDGMENT IS . ENTERED AND WILL ENTITLE THE BANK TO ATTACHMENT AND GARNISHMENT OF BANK ACCOUNTS AND OTHER PERSONAL PROPERTY OF THE UNDERSIGNED WITHOUT PRIOR NOTICE EXCEPT AS SPECIFICALLY PROVIDED BY RULES OF CIVIL PROCEDURE APPLICABLE TO EXECUTION UPON CONFESSIONS OF JUDG1v1ENT; (d) THE UNDERSIGNED WANE THE RIGHT WHICH THEY HAVE TO PRIOR NOTICE AND HEARING ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY THE BANK. UNDER THE NOTE. AT ANY TllvIE HEREAFTER, UPON DEFAULT OF THE REQUIRED PAYMENTS OR UPON ANOTHER DEFAULT, THE BANK MAY OBTAIN A JUDG1v1ENT AGAINST THE UNDERSIGNED WITHOUT THEIR PRIOR 13 1.20924.1. ., ~~ 1"",,,,,,,,"- ,'J . "& 1.1;1" ~ ~..........L,. ~;,~ ":'~...~""~, KNOWLEDGE OR CONSENT Ai.'ID WITHOUT THE OPPORTUNITY TO RAISE ANY DEFENSE, SETOFF, COUNTERCLAIM OR OTHER CLAIM WHICH THE UNDERSIGNED MAY HAVE, AND MAY GARNISH AND ATTACH THEIR BANK. ACCOUNTS AND OTHER ASSETS WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR A HEARING EXCEPT AS SPECIFICALLY PROVIDED BY RULES OF CIVIL PROCEDURE APPLICABLS TO EXECUTION UPON CONFESSIONS OF ruDGMENT; (e) THE UNDERSIGNED ACKNOWLEDGE THAT THEY WILL BE UNABLE TO CHALLENGE THE ruDGMENT IN THE EVENT THAT THE BANK. ENTERS THE ruDGMENT, EXCEPT BY PROCEEDING TO OPEl"\[ OR STRIKE THE ruDGMENT; Ai'ID THAT SUCH A PROCEEDING WILL REQUIRE A PAYMENT OF ATTORNEY'S FEES AND COSTS BY THE UNDERSIGNED; (t) THE UNDERSIGNED REPRESENT AND WARRANT THAT THE LOAN FOR WHICH THE UNDERSIGNED HAVE BECOME OBLIGATED FOR REPAYMENT PURSUANT TO THE NOTE HAS BEEN ADVANCED FOR BUSINESS PURPOSES. The parties agree that this Agreement shall be binding upon the undersigned, together with their respective heirs, executors, admini>ltrators, personal representatives, successors and assigns. Witness: ~~tI- 'II'J I Shah Mathias a/k/a Shahiiaw M. Mathias t/a Eastern Development and Design IYha Q. ~AOo Debra A. Mathias 14 120824.1 -~~ ~. " ~ , '. - 'b.l .~, ~'"" COMMONWEALTH OF PENNSYL VANIA COUNTY OF Lan C4.S kr- . : ss. On this, the2~ of 1JAlb ,1998, before me, the undersigned officer, a notary public in and for said county and state, q~~;;;Uy appeared. Shah Mathias alkJa Shahnawaz M. Mathias tJa Eastern Development and Design, known to me (or satisfactorily proven) to be the person whose name is subscnoed to the foregoing Acknowledgement of Confession of Judgment and acknowledged that he executed the same for the purposes contained therein. IN WITNESS WHEREOF, I have hereunto ~hand and notarial seal. NOTARIAL SEAL c::f'~ ~~~ PaIrIcIa L. Sc:heII, Notary PubI1c . York, York County, PA Notary Public My Commission ElIpiles May 7.2001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1-. a. 1'\ C 4. S fe r- : ss. On this, thJ ~ of a~ 1998, before me, the undersigned officer, a notary public in and for said county and state,.p~OnallY appeared Debra A. Mathias, known to me (or satisfactorily i proven) to be the person whose name is subscribed to the foregoing Acknowledgement of' Confession of Judgment and acknowledged that she executed the same for the purposes contained , therein. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. (fdA1-r~.a ~ Notary Public NOTARiAl SEAl Palrlcia L Sc:heII, Notary PubfIc York, York County, PA My Commiaslon Expires May 1, 2001 15 120824.1 ,,,' ~" '"' ~'_ '0," ",~ - '" ";'" ,.. ,,,,~'I',;', ~" '*'."'.<'';0 ,'.ci.-",F, - "~I~"'~' ,.', '~o1'-"'''... ,"~, '.--,'"",.~ 0,,';;;','- 'c'" """"',,,,~" c. ,~ BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I, [; i I" I;j , 1" [~ ii MANUFACTURERS AND TRADERS TRUST COMPANY, NO. I"~ I:~ ,. Ij Plaintiff ji: !:: vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS. tJa Eastern Development and Design and DEBRA A. MATHIAS, Defendants ,'~ !:'. !~ CONFESSION OF JUDGMENT il " ii i! " I; CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF BERKS Mark G. Yoder, Esquire, being duly sworn according to law, deposes and says that to the best of his knowledge, inforrnation and belief, the addresses of the judgment creditor and the judgment debtors in the above-captioned case are as follows: Creditor: Manufacturers and Traders Trust Cornpany 601 Dresher Road Harsham, PA 19044-2203 Debtors: Shah Mathias a/k/a Shahnawaz M. Mathias tJa Eastern Development and Design and Debra Mathias, 322 Cape Horn Road Red Lion, PA 17356 Ma~~i'e V Sworn to and subscribed before me this Q,s1J'\lay of ()(1~ , ) ,2000. NOll"'.' Seal Cruzit..Mari. ""Ilan. NotaryPublic Read,ng, iJ$rks CounIy MyCommisSI(l/" F,i))lreS July 7,2001 em er, nnsylvanJai\Ssorn8 0 r as 167903 ,",I' . -,,-., '.' ',0;; ,,~, 0' ~ "-".'-- "I;:"",'., ') ,"';,~"~;;,;,,<'k~,,~,;'~L',;;,,,,-,", ",~ "".",;',<i .,',,,,.. i ':~'_>I~;'~' ,,~ " "U ",' t,j "'I "j , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW MANUFACTURERS AND TRADERS TRUST NO. COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT AFFIDAVIT OF EARNINGS Gary M. Golden, being duly sworn according to law, deposes and says that he is the Vice President of Manufacturers and Traders Trust Company, Plaintiff herein, and that he makes this Affidavit on its behalf, being authorized to do so, and as such states that to the best of his knowledge, inforrnation and belief, at the time of the signing of the instrument containing the provision for judgment by confession, the Defendants, Shah Malhias a/k/a Shahnawaz M. Mathias, t/a Eastern Development and Design and Debra A. Mathias, earned more than $10,000.00 per year. -~~~- Manufacturers and Traders Trust Company Sworn to and subscribed before me this;"#" day of ~ , 2000. c~~ ary Public ~_._~....- ,..-.. , "!oTJjJal Sea! I ~;;'..': ,., . . : 'i NO... fa. 'Y. PUblicJ r,~;,,'" , "',"";i'1t3ry County My,<. ,'jL'>\I 06 2003 Memb,;;" ',n: .' , '.'". ", >~;'~~:t;;:19S ['~-'--'-~'-~_'.'U , Notarial ~e'" /. ! " '...J,..., (:u:~rey R. BrockweH, Nor;:;(<j P:):;:;~ ! " 1'.J,Alam Twp., Montr:omFI"v. (.' J .,\ "'. '. .", , I~'./ CummiSslOn Exnirp8 flri""l' '. t 'c'~~""""'_.>;,~,~"_,,,~,",-.L:""';;' ',C-:y' ,,' ,; ,j fuJeulbef, P!-)nnt;Y!V:)i 1'2 I.',"' "O-;;-'.'li''::-:~I),h] 9 OJ" - '<..'" c,o...':,(y 1,'tJ';::i";:. .~ ',,', ~'. ",;",-"" , .' -':' ,,',1, ~'"_'" ,'"'-,,"',>.1" ""':;':'.I'C,c.~'~' - '," ,;;";".',:" ',,~_' ;~o>'''' BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Slreet, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA, the Plaintiff herein, and hereby certify that judgment is not being entered against a natural person in a consumer transaction. By: BINGAMAN, HESS, COBLENTZ & BELL, P.C. /J~~ Mark G. Yoder, Esquire Sworn to and subscribed before me this J~ay of O{J~ ' 2000. ~ - /J ~ {nULL La iN/\.- tary Public f 167903 '"" ,'''' ~,','J ,'-- ;'--~"-- , "~'--,- '- ~'" - ,.,,' ""',",', :"""I','~ ",," ''''.a,--x..~"'"",,,~ -<':'-;'-,1'''"''''' ,'''''::'''--', ;,'" :- '", ".,,' ;""__'--'<'.i ,',; "::"'~:"', ',,>, ""'Ii, BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW MANUFACTURERS AND TRADERS TRUST NO. COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, 1/a Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~H : ss. Gary M. Golden, being duly sworn according to law, deposes and says that he is Vice President of Manufacturers and Traders Trust Company, Plaintiff herein, and that he is authorized to execute Affidavits on Plaintiff's behalf, and that the facts set forth on the foregoing Cornplaint are true and correct to the best of his knowledge, information and belief. ...;~c ~~ Gary M. GOlde~Cc . ent Manufacturers and Traders Trust Company Sworn to ,.and subscribed before me this cJ. tp day of ~ , 2000. ~p1~ N'~~r,'1ri;DI Seal Audrev Ft. [;:i',', "'\!at>:lJII Public Ho~~!\,"''''' ;" "'," '''r'~' ,"C ,."""" ",1e"",!,j]',' /ounty M~~b~~"~:'''',. ,_ ..:::.;:",\ZCi,~~a~~s _:_'--'- NNw:al 00" ~ Aur/l's' ~i B ,,~:,-: ".',-,c. 1-1 ~, Y ',:.. !',!.~'(\H(;';i Nota~y P bl' lo~sharn i'fi:P" )".iG'fJf;.o I u rp .. ~~nk:;t~ion E),:n, i~ts TAe.!yY,~}'~~tY- ~;j "';"".,,,,,,,,,~,,"",,' Hot ':'U, <:,t 1l!3 ~ embSf~ Penn'l\'l"U':'-'~"''''--:-~'''--:''=~.J '~. ' ; "~l/iSSOclatlon or NC!t~,d.ss 167903 . ,,_..< ~,'",' '_'"".-C "_.~""'''"' .': 1 ", '.' ,-,'-,,<,' "~,"",'hl-""^ "4."'''; ,'""A..,,"', ,', ",~", ". ';'1 ~"--, BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 PO Box 61, Reading, PA 19603-0061 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST NO. COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/kla SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF(Y\(M~o~j Gary M. Golden, being duly sworn according to law, deposes and says that he is the Vice President of the Plaintiff herein, and as such states the following: 1. The Defendants, Shah Mathias a/k/a Shahnawaz M. Mathias and Debra A. Mathias are not in the rnilitary or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The Defendants, Shah Mathias a/kla Shahnawaz M. Mathias and Debra A. Mathias, are more than 21 years of age and have a current address of 322 Cape Horn Road, P.O. Box 163, Red Lion, PA 17356. 3. He has ascertained the above information by personal investigation and makes this Affidavit with due authority. ..J ~~~~~~ . Gary M. Go en, IC 'dent, Manufacturers and Traders Trust Company Sworn to and subscribed before me this.t1 day of t::l~ Audui"\' r Harsh!,,' My Co,", Member, r,:, :'.i( ,.,r,,i Public "'el' 'iunty , ;~,G03 : "'~'!".'" ,'jotaries Notarial See.! Audrey R. Broct<wel!. Notary Pub!~c Harsham Twp., Montgomery (.Oi,-"";,''i My Commission Expires M"w ~)':, ;.', ,o,~: '''''N,_''~'''_~~'~,~~,~~~:'",' . ,>)~, PonnSji'/:Yi:,,;,t,,_, :'1(:1;.:.1,:' ,;." "',' ,;",,':"; 167903 ..*",,"" '..'~ ,'~"~~', ".. , 0'>>' ,".I"'.;'>~--"""',,-,~,:~,,,~ -""'" ""1"""",;";.,<1,,,-',.,,'" ",",C ..,'~' ,,,Cj ..-e.,,"'" ,',~ "--;'-,-.."-'U;-" '~.,." "~<. '''f' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA , CIVIL DIVISION Date: ,2000 Shah Mathias a/k/a Shahnawaz M. Mathias 1/a Eastern Developrnent and Design 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 RE: Manufacturers and Traders Trust Company vs. Shah Mathias a/k/a Shahnawaz M. Mathias 1/a Eastern Development and Design and Debra A. Mathias Cumberland County Court of Common Pleas, Pennsylvania Dear Mr. Mathias: Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, N.A., has entered judgrnent by confession against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the total amount of $689,063.88 plus interest at the Prime Rate (currently $177.95 per diern) frorn October 21,2000 forward and costs of this proceeding. This judgment was entered to No. Cumberland County Court of Comrnon Pleas. Enclosed please find true and correct copies of the following docurnents filed by Manufacturers and Traders Trust Company in the subject action: 1. Complaint in Confession of Judgment; 2. Confession of Judgment; 3. Certification of Addresses; 4. Affidavit of Earnings; 5. Affidavit of Comrnercial Transaction; and 6. Affidavit of Non-Military Service. Cumberland County Prothonotary By: Deputy Prothonotary If you have any questions regarding this Notice, please contact the filing party: NAME: ADDRESS: Mark G. Yoder, Esquire Bingaman, Hess, Coblentz & Bell, P.C. P.O. Box 61, Reading, PA 19603 610-374-8377 TELEPHONE: 167903 " '<'.... " -,--' "'~"~"''''''''',O,'h'''"'' _, ,"n_;;'t~"', ~ "-.1"--',;.,,,, ," , ,~,o:",':;:;I:"",~,";;,,"'I~~~~~', ~ ' " ;" ""\"b~.:';'~."<,"",, ~,'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION Date: ,2000 Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 RE: Manufacturers and Traders Trust Cornpany vs. Shah Mathias a/k/a Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias Cumberland County Court of Common Pleas, Pennsylvania Dear Mrs. Mathias: Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA, has entered judgment by confession against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the total amount of $689,063.88 plus interest at the Prirne Rate (currently $177.95 per diem) from October 21, 2000 forward and costs of this proceeding. This judgment was entered to No. Cumberland County Court of Common Pleas. Enclosed please find true and correct copies of the following documents filed by Manufacturers and Traders Trust Company in the subject action: 1. Complaint in Confession of Judgment; 2. Confession of Judgment; 3. Certification of Addresses; 4. Affidavit of Earnings; 5. Affidavit of Commercial Transaction; and 6. Affidavit of Non-Military Service. Curnberland County Prothonotary By: Deputy Prothonotary If you have any questions regarding this Notice, please contact the filing party: NAME ADDRESS Mark G. Yoder, Esquire Bingaman, Hess, Coblentz & Bell, P.C. PO Box 61, Reading, PA 19603 610-374-8377 TELEPHONE: 167903 ,'- ~, ,', .^ "';"M ~ ,'0.. .' , '"~."', , =, --.-, ,,' , ~ ~" . .,' . ,,', ""~ _,_":,,.,'0' '" ~ ~ 0 -,q, () l"~") () C c:-) <'" "';1 f:k ~ " ~~ C':) -:~1 ~ '~'-) r- ..... rhiD B ,.) --r'-.rrl - c::> :6C;::' ~ :t ~-~ -'v 9(::, 3 'b ;:J~ 7C) ::s: o<<.,.::<..~ ...... ~ 5> ,. ,L'. ~ '\;, F! c: N Oin 2 -.1 R ....t:. =< :::> ~ - <:0 ~ <,H - .~. , ._~,.;