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HomeMy WebLinkAbout01-0531 FX " - ~~,{..., ~,.';' , " ~ -, FIRST UNION NATIONAL BANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No, 01 - S'.3 ( eu ~L 't~ vs KA YER & BROWN Defendant CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal Balance Interest as of 10/31/00 with a continuing per diem interest rate of $6.35 as per terms of the Agreement $19,446.53 796,14 Attorney fees of 15% as per terms of the Agreement (only actual attorney fees will be collected at the time of payoff) TOTAL 3.036.40 $23,279,07 with interest continuing from November I, 2000 at the p diem rate of $6,3 - i~~~~~"";j^i!~lf~ij\.L~~~'ilffrh","..aM:,,:;w.,"~;,;o,H,lill.0~.~%1~~--.-~<-~'"'<:Ml~~~l"Y'''''-''- ---I~ll~." . 'c.~_",,-~-~ . , ~ ~.~~ .' 0 0 ~ ~ '- ~[::D -0 OJ "'" mg:' ~ - " Z J N ~::?m t;;;:~ coOn CCJ? .:'jt:J 2..c.- ..4 ~C) "'" B:B ~o ::x c_Cl ~O tf! ;i)rn PC =4 Z 0 ~ =< 1:0 ~ - --- ~" - ~", . ~-- ~'.o' _",-L -' - _";" Linton, Distasio, Adams & Kauffman, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No, vs KA YER & BROWN Defendant CONFESSION OF JUDGMENT COMPLAINT I. First Union National Bank, successor by merger to CoreStates Bank, N,A" which is a successor by merger to Meridian Bank, Plaintiff, is a national bank organized under the laws of the United States doing business at 640 Hamilton Street, Allentown, Lehigh County, Pennsylvania 18101. 2, Kayer & Brown, Defendant, is a Pennsylvania Corporation with a registered business address of 4 Liberty Avenue, Carlisle, Cumberland County, Pennsylvania 17013, 3. On March 6, 1998, the Defendant, Kayer & Brown, by and through its Chief Executive Officer, James J, Kayer, executed and delivered to CoreStates Bank, N,A, a Small Business Line of Credit Agreement (hereinafter the "Agreement") in the principal amount of Twenty Thousand Dollars ($20,000,00)), evidencing the obligation of the Defendant to repay a commercial loan made that day to the Defendant by CoreStates Bank, A copy of said Agreement is attached hereto as Exhibit IIA". 4, First Union National Bank is a successor by merger to CoreStates Bank, N ,A, 5, The within judgment is not being entered by confession against a natural person in connection with a consumer credit transaction but is being entered based upon a commercial transaction, 6, Said Agreement has not been assigned since the mergers, ._~ "-~ .~ , '. 7, No prior judgment has been entered in any jurisdiction on said Agreement. S, The aforesaid Agreement authorizes confession of judgment against the Defendant upon default, 9, The Defendant is in default on its obligation to Plaintiff on the Agreement for failure to promptly pay installments of principal and interest when due, 10, Under the terms of the Agreement the Defendant is immediately liable to the Plaintiff for the entire principal balance, accrued interest, and other costs and charges as follows: Principal Balance Interest as of 10/31/00 with a continuing per diem interest rate of $6.35 as per terms of the Agreement $19,446.53 796,14 Attorney fees of IS % as per terms of the Agreement (only actual attorney fees will be collected at the time of payoff) 3.036.40 TOTAL $23,279,07 WHEREFORE, Plaintiff, First Union National Bank, demands judgment against the Defendant in the amount of Twenty-Three Thousand Two Hundred Seventy-Nine Dollars and Seven Cents ($23,279,07) together with interest continuing from November I, 2000 at the per diem rate of $6.35 and costs of suit, By: "" Antho R, Distasio Counsel for Plaintiff 2 ~~ - ~~ ~O:E FIRST UNION NATIONAL BANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No, vs KA YER & BROWN Defendant CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights TO: KAYER&BROWN 4 LIBERTY AVENUE CARLISLE PA 17013 A judgment in the amount of $23,279,07 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle PA 17013 Telephone: 717-249-3 6 LINTON, DISTASI , DAMS J) Anthony R. Distasio, Attorney for Plaintiff 1720 Mineral Spring Road P,O, Box 461 Reading, PA 19603-0461 610-374-7320 . .," -,' =. -""'-' FIRST UNION NATIONAL BANK, Plaintiff : IN rH~ COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No, vs KA YER & BROWN Defendant CONFESSION OF JUDGMENT CERTIFICATION OF ADDRESSES I, Anthony R Distasio, Esquire, counsel for Plaintiff, hereby certify that the last known address for the Plaintiff and Defendants are as follows: ' Plaintiff: First Union National Bank 640 Hamilton Street Allentown PA 18101 Defendant: '--. ~m~~._~ j I. .,~. ~. 0 ,~';<OiJ.__... FIRST UNION NATIONAL BANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No, vs KA YER & BROWN Defendant CONFESSION OF JUDGMENT AFFIDAVIT THAT CONFESSION OF JUDGMENT IS NOT BEING ENTERED AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION I, Anthony R. Distasio, Esquire, counsel for Plaintiff, hereby represent that the confession of judgment filed against the Defendant in the within action, is n in connection with a consumer transaction, 'i> Anthony R. Distasio, Sworn to and subscribed before me this02"1.i>1day of ~ 20011, ~~~~ otary Public NOTARIAL SEAL SANDRA J. CAFURELLO, Notary Public City of Reading, Berks County M Commission Ex 'res March 31. 2003 -'" ~" ~ ~l,,, . . , ,'- --,~, It!Jij'ik,,,. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013 TO: KA YER & BROWN 4 LIBERTY AVENUE CARLISLE PA 17013 DATE: RE: FIRST UNION NATIONAL BANK, Plaintiff v, KA YER & BROWN Defendant NO, You are hereby notified in accordance with the Pennsylvania Supreme Court Rule #236 and #1519(c) that Judgment has been entered on a () Final Order * () Decree Nisi * () Verdict * () Viewers Report () Default () Assessment of Damages () Arbitration Award (XXX) Confession of Judgment Complaint () Stipulation For Entry of Judgment and entered to No, against KAYER & BROWN, Defendant, concerning Civil Suit No, on ,2000 in the amount of Twenty-Three Thousand Two Hundred Seventy-Nine Dollars and Seven Cents ($23,279.07) together with interest continuing from November 1, 2000 at the per diem rate of $6.35 and costs of suit. ** 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), Curt Long, Prothonotary By: Deputy Prothonotary AUi'IT-OO 13:31 ." " ~~ < ~ . "~~";!; From-FUNS MONEY STORE LOWER LEVEL T-845 P,OZ/Il F-9Z0 . CoreStates SMALL BUSINESS LINE OF CREDIT AGREEMENT AccounrNo, w/-igq T~ lSLB , Date uiAgreemenr: .. March 6, 1998 Borrower: Kayer & Brown Billing Date: Pledgor: N/A Guarantor: James Kayer Credit Limit: $ 20,000.00 I. Defined Tenns. Unless otherwise specifically stated, the following =s, when capitalize'll and used herein, shall have the meanings indicated: "Acceleration" means that of the Obligations have become immediately due and payable under the provisions of P axagraph 17 of thhl Agreement. '"A,cc:<>unt" means the Small Business Line of Credit Account identified by the accOunt number specified above, "Agreement" meanS this Small Business Line of Credit Agreement, including any written arnendm"lllS Md modifieatioI1il. "Agreement Date" means the date of this Agreement specified ahove. "Authorized Representative" mcan~ (aJ if Borrower is M individual (including MY individual who may conduct business under one or more fictitious names), Borrow"," or any person authorized to obtain Loans on behalf of Borrower under a power of anomey which has been delivered to and accepted by the Bank; (b) if Borrower is a corporation, any representative of the corporation authorized to obtain Loans on behalf of Borrower under resolutions of Borrower 's board of directorS, cc:rtified copies of which have been delivered to and accepted by the Bank; (c) if Borrower is a partnership, any representative of the pll!tltership who is authorized to obtain Loans on beholf of Borrower under a pannership authorization which has been delivered to and accepted by the Bank; (d) if Borrower is a limited liability ComPMY, any representative of the BOlTClwer who is authorized to obrain loans on the Borrower's behalf under resolutions of Borrowers' membcr~, c<l'lifiedcopies of which have been delivered to and accepted by the Bank; and (eJ in any case, any person whom ll]e Bank in good faith believes is authorized to obtain Loans on behalf of Borrower, The Bank may contin~ to rely on me authority of an Aurhorized Representative umil the Bank receives written notice in accordance with Paragraph 21 of this Agreement thaI such au[horiry has been duly revoked. "Bank" means CoreStates Bank, NA "Banking Day" means any day other than a Saturday, Sunday, legal holidajl obsQrved by the Bank or a day on which the Bank's operations ore substantially curtailed due [0 lllllUI'a1 disaster, inclement weather or other causes beyond the Bank's control. "Billing Dale" means the date specified above for pwposcs of billing interest and other hems wim respect to the Account If. in any calendar month, that dare faUs on a day other thM a Banking Day, the Billing Dare will be ille J3anking Day immediately preceding !hat dale. "Billing Period" means the period wruch begins on the Billing Da[e in a given calendar month and ends on:the day t'i\\':,\-);t Il y\ II ~.", .L ~ I iii-'" '- AUi"I(-OO 13:31 Fram-FUNS MONEY STORE LOWER LEVEL T-B45 P.03/11 F-910 2 which iIIUnediately precedes the BUling Date in rhe following calendar month, "Burrower" means ~ach of the individuals or organizations identified above as Borrower. "Check" means B Line of Credit check used to obtain a Loan. "Collateral" means (i) the real andior personal property, if any, identified in Section 5 below in or On which the Bank is being given a lien, mortgage or security interc:s~ as the case may be, to securc repayment of the Obligations; and (ll) Bny real or personal property previously or hereafter pledged by an Obligor or Pledgor as collateral for any other indebledness of any Obligor to lhe Bank , "Credil Limit" means the dollar amount specified above, "Guarantor" means each ofrhe individuals or organizations identified above as Guarantor, "Line of Credit" means the line of credit dcscribed in par.graph 2 of this Agreement. "Loans" means advances made by the Bank to Borrower under this Agreement. "Obligations" means the W1paid balance of all Loons and all accrued and unpaid interest, together with all fees, cosls and expenses payable by Borrow"" under the tc:nns of this Agreement "Obligations" shall include, but not be limited to, any fees, exp<nses and charges descnbed in paragraph 14 below. . "Obligor" means each Borrower and each Guarantor, "Payment Due Date" means the date on which each required payment on the Account is due, "Pledgor" means each of the individuals or organizations identified above as Pledgor, "Prime Rate" means the highest prime rate published in rhe "Money Rates" table of The W"11 Street Jo\.","I. "Security Instrument" means any mortgage, security agreement, pledge, assignment agreement or similar document or agreement which gives the Bank rights in the Collateral. "Termination" means rennination of the Bank's commiunentto lend under the provisions of Paragraph 15 of this Agreement. 2. Commitment to l,end !Line of Cl)'dit1. Subject to rhe tenns and conditions of this Agreement, the Bank hereby es[ablish~s a line of credit for BOlTower and agrees to moke Loans requested by the BmTower from the Agreement Date until Termination. it being understood that the Bank shall not be required to honor any Loan request if the principal amount of all outstanding Loans, after giving effect to the requested Loan, would exceed the Credit Limit. Subject to the aforesaid telUlS and conditions, Borrower may borrow, repay and reborrow up to and including the amount of the' Credit Limit Borrower agrees that each Loan requested will be used by Borrower solely for business purposes, but acknowledges that the "Loans" include all advances '0 Borrower under this Agreement, regardless of purpose. J, Borrower'.. Promise to Pay, The BOITOW<< promises to pay to the ocder of the Bank each lllld all of the Obligations when due, QS provided in this Agreemen~ whether the Obligations have a atated due date, are payable on demand or are due by reason of Acceleration, ff there is more than one Borrower, each Borrower is jointly and severally obligated for payment of the Obligations. The Bank may, at its option. require any Bo",ower to pay an ofrhe Obligations without making any effort to require any other Obligono poyany oithe Obligations, ono exercise any of the Bank', rights under any Security instrUment, 4, Guarantor', Liability, The Guarantor unconditionally and irrevocably promises to pay when due (whether by stated due date, demand or Acceleration) each and all oithe Obligations. This is a guaranty of payment and nor 0 gparanty of collcetion, and ifthcre is more than one Guarantor, each Guoranlor i. jointly and several1y obligated for paymelll of the Obligations, The Bank may, at it.S option, require any Gulirantor to pay an of the Obligations without making any effort to obtain paymern of any of the Obligations from any other Obligor Or exercising any of the Bank's rights under any $eeurity Instrument. The Guarantor shall be liable hereunder whether or not rhere is any consideration for this guarantY which includes a direct economic benefit from the Loans or this Agreement, . ~ ~~ I J "0 . ~ " I - 1,.,--- ,ij'. -" ...., ~,~v AUi-1.T-OO 13:31 From-FUNS MONEY STORE LOWER LEVEL, T-845 P.04/11 F-920 3 5, Collateralldentitication' Pledgor's Resoonsibilities, As security for repayment of the Obligations, the Bank is being given a Ii"" or mortgage on, a security interest In, or a pledge or assignment of the following real,andlor personal property Collateral, which is more particularly described in the applicable Security InstrUlIlent (uthis AccoUnI is unsecured, insert "None"): NONE , Each Pledgor agrees to comply with the tenns of any Security InsIl1llllCllt(S) signed by such Pledgor, Unless Pledgor is also an Obligor, Pledgor's liability for payment of the Obli/lations is limited to Pledgor's interest in the Collateral. Each Pledgor agrees that if there is any default under this Agreement or any Security Instrument, the Bank may, at its option, exercise any or all of its rights under any Security Inslrtlment without making any effort to obtain payment of any of the Obligations from any Obligor or to exercise any of the Bank's rightS under OIly other Security instrUment. The Pledgor shall be liable, as aforesaid whether or nol Pledgor has received or will receive any direct or indirect economic benefit or other consideration in exchange for subjecting the Collateral to the applicable Security InstrUment. 6, procedures: Procedure for r .Mn Requests. Loan Requests may be made by any Borrower under any of the following (a) to honor any Check if; Credit Une Checks. The amount of each Check must be at least $250,00, The Bank may refuse . It is received by the Bank after Termination; ;. - Honoring the Check would cause the total of all Obligations to exceed the Credit Limit; Checks may not be used to make any paymentS due to the Bank under this Agreement The Bank may refuse to c~sh any Check presented by the payee thereof or other third pany, Arrj AU1horized Representlltive of Borrower may stop payment on any Check. A. stop payment ord~ must be given in time for the Bank to act upon it and must state the exact amount, exact date and precise identity of the payee of the Check. Oral stop payment ordm must be confumed in writing within 14 days, Checks are subject to the same Rules and Regulations as apply to the Bank's business checking accounts. (b) In Person Reouest. Any Authorized Representlltive of Borrower may request Loans in'person at any brlUlch of the Bank Loans requested in person mUSt be deposited to Borrower's business checking account with the Bank, (c) Automated Teller Machine Authorization, Borrower may also obtain Loans by using an authoIi;(ed automated teller machillc (ATM) Card For Business and personal identification number (PIN) at any A TM which pennits such transacrions, The minimlml and maximum J.oanj; Borrower may obtain at anyone time or in one day ore subject to the policies of the institution which controls the AIM. Borrower may also obtain Loans (which must be deposited into BOITOwer's business checking account with the Bank) through the AIM Card For Business Telephone Banking Service, See the ATM Card For Business agreement for additional conditions and details. ,0 If this box is checked, Borrower authorizes the Bank to add access to Borrower's ACCOWll to Borrower' 5 existing AIM Card For Business number / (d) Overdraft Protection, o If this box is checked, Borrower authorizes the Bank to make Loans to Borrower to pay any check or unpaid service cherge on Borrower's business checking account No, when the balance of that account is insufficient to cover such item(s), Loans will be credited to the account in the lesser of (i) lowest multiple of $1 00 necessary to cover the shortage; or (ii) the available credit under the Borrower's Account 7. The Account. The Bank shall establish the Account for the purpose of recording ane! evid.nping the amount of the Obligations due and owing from time to time, Loans made by the Bank shall be recorded as debits to the Account and payments shall be recore!ed as credits. The Account shall also reflect, in accordance with customary practice, accrued interest, fees, expenses ace! charges payable under this Agreement. The Bank shall send Borrower. at the :address provided herein, a monthly statement of the !\CCOunt, which shall SPeci1Y the Payment Due Date and whiCh shall be presumed , ""... ";;1."""" ~... ...J C , " -~ j,i Aua-IT-OO 13:31 From-FUNS MONEY STORE LOWER LEVEL T-845 P, 05/11 H20 4 complete and correct, except to the extent shown by the Borrower to be manifestly erroneous, Except as required by law, \he provisions of Federal and State consumer credit laws, such as the Federal Truth in Lending Act, shall not apply to lhe Aecoun! Although lhe Bank may voluntarily follow some of the requirements of such laws in its handling of the Account and in providing statements of the Account and relaIed infonnation, this volunlluy compliance shall not be interpr~[ed as the Bank's agreement that such laws apply to the Account 8, Reauired Pavrnents, Prior to Termination, required payments will be due on the Payment Due Dare as iollows: and (a) monthly paymentS of accrued interest determined in accordance with Paragraph 12 of this Agreemont; (b) fees, expenses and charges payable under Paragraph 14 of this Agreement 9, Rcouired Pamen" After Tennination, Payments required under this Agreement after Ternrinalion (provided there has b= no Acceleration) will be due on the Payment Due Date as follows: (a) monthly payments of accrucd interest cktermined in accordance with Paragraph 12 of this Agreement; (b) fees, expenses and charges payable'under Paragraph 14 of this Agreement; and (c) monthly principal payments, beginning in the month immediately following lhe month of Termination, eooh of which shaII be in an amount determined as follows, based on the outstanding principal balance of the Loans at lhe time of Temtination: I,Dan Balance at Tenmnation Momhlv 'Princlnal Pavment Amount $10,000 or less $10,001 to $25,000 $25,00 I to $50,000 More than $50,000 1/24th of Loan Balance 1/36th of Loan Balance I /48th of Loan Balance 1/60th of Loan Balance Upon Acceleration, all outstanding Obligations .ball be immcdlately due and payable all provided in Par;mrapb 17 oftbis Agrccment. 10. Onrional PaVInenlS. The Borrower may, at any time make anypa}11lO1ts of principal OD rhe Loans in excess of those required under this Agreement without premium Or penalty, I I, Procedure for Pavmen!<, PaymL'llts of the Obligations may be mode as follows: (a) Aurumalic Chame to Denosit Account D lfthis box is checked, Borrower hereby amborizes the Bank to charge any and all required payments oi the Obligations to Borrower's deposit account at the Bank. number . This authorizatioD does not modifY the Bank's right of setoff or its security intercst in deposit accountS as provided in Paragraph 18 of this Agreement. This authorization is DOt required in order to <lDter intO this Agreement or to open or maintain the Account and 1"ay be revoked by Borrower by giving written notice to the Bank not less than fifteen (I 5) days before the next Payment Due Date. When the Payment Dlte Date falls on a day which is Dot a Banking Day, the transfer will be made on the next Banking Day. Borrower agrees to keep a balance in the deposit account identified above ~cient to cover eacb monthly minimwn payment when due, If Borrower fails 10 do so, the Bank may terminate the automalic payment service, it! which cvrot Borrower shall make paymeDts by check in accordance with Paragraph II (b). (b) Pa_ent hy Cheek - Payment of any portion of the Obligations may be made ar any branch of the Bank or by mailing Borrower's check to the mailing address provided in Borrower's monthly statement of the Account, 12, Interest. Inlerest shaII be payable monthly as billed and shall accrue on the outstanding principal balance of the Loans until the Obligations are paid in full in accordance with the following: (a) 0 If this box is checked, from thc date of this AgreemeDt through the end oithe _N//Ii_ . , month thereafter (the "Introductory Period"), at a fixed rate of _% per annum. ,~ - "" -'"",", " c ,. ~;.... AUi-l!-OO 13:32 FrOm-FUNS MONEY STORE LOWER LEVEL T-a45 P06/11 H20 5 (b) After any Introductory Period and prior to Acceleration, .t2.24% per annum in exee.s of the Prime Rate, The interest rate will change on the same d.te the Prime Rate changes, (c) Afler Acceleration. at _ ~.5 _% per annum in excess of the Prime Rate, The interest rate will change on the s.me dale the Prime Rate changes, 13. Comnmotion of Accrued Interest Interest shall accrue on a :limple interest basis and shall not be compounded, lntcr"'lt shall be calculated on the basis of. 365-day year (366 days in leap ye.vs) and shall be charged for the acmal number of days elapsed during each billing period. ' 14. Fees Expenses and Chare:e5. (a) . Oriainanoo Fee . On or prior to lbe Agreement Date, Borrower has paid the Bank an origination iee in the amount ofNJA. The origination fee i. non-refundable and is deemed to be earned by the BIl!lk upon receipt (b) Reimbur<ed CO'IS and Fee. Incurred Rv The Rank" Borrower shall reimburse the Bank upon request for lien and title search COSIS, appraisal cos'" and filing and recorc1ing fees actually incurred by the BIl!lk, These payments by BorrOWer are not refundable, (C) Annual Fee - On each anniverslllY of the AgI"flement Date, the Borrower will pay the flank an annual fee in the amount equal to .50_% of the Credit Limit (minimum fee $250.00), This fee represents payment by . Borrower, in advance, for use of the line of credit provided under this Agreement If the effective date of Tennination ,occurS!' le.s than one year after the due date of lIIllU1llUal fee, Borrower will be entitled to a pro-rata refund of such annual fee payment, said refund to be applied as a credit against any then-existing Obligations or refunded to Borrower if there are no such Obligations. The imposition of an annual fee does nol: (i) modify the right otany party to give notice ofTenqination as provided in Paragraph IS; or (ii) change the effect of any such notice ofTennination, (d) Late Pavmerll Chlll'ae - Prior tD Al:ccleration, if any required payment is not received by the Bank on or before the 15th day following a Payment Due Date, Borrower will pay a late payment charge equal to the greater of 5% of the required payment or $20,00, but in no event shall such late payment charge exceed $100, order is placed, (e) Ston Pavrnent Fee - A fee 0[$20,00 will be charged for each check on which a Stop payment (t) Rerurned Check Fee .lfthe Bank does not pay a Check for any pennined reason, Borrower will pay a returned Check fee of$25.00, (g) Remmed PaYment Fee - If a check, draft Or money order submined to the Bank as a payment to be credited to the Account is returned unpaid for any reason, Borrower will pay a rcnuned payment proces.ing fee of $25,00, (h) Minimum I oan Fee - A fee of$4.00 will be charged for any Loan ofless than $250,00, inCluding overdraft protection transfers under Section 6(d) above. , (i) Pavment Hi!'lorvJAccount Analv.i, Fee. A fee aU I 0.00 for each requC>t for a written 11ayment history or an analysis of the Account No fee will be imposed if Borrower' s request is made in connection with Borrower's bona llde assenion of an error by the Bank or other di'l'ute with the Bank concerning one or more payments, Gl Document Copyina Fe<:; - A I~ of $7.00 per hour will be charged for reproduction of stat';"'en"" checks or other documents related to the Account No fee will be imposed 10 the extent the request is made in cOQllection with a Borrower'. bona fide assertion of an error by the BIl!lk Dr other dispule with the Bank as to payments or ai;lvances on the Account ~) Call""",! Admini.tration en,,' and F.xnen.e. . Without implying any limitation or modification of any other provi.ions of this Paragraph 14, Borrower agrees to pay on demand any CO'IS or oxpenses actually lOC\lrred by the Bank 10 administer, perl'ect, preserve or protect the Bank's intere'~ in any Collateral orto comply with anyapplteable law or regulation with respeot to any Collateral. AUK-I 7-00 13:32 From-FUNS MONEY STORE LOWER LEVEL T-845 P 07/1 J H20 6 (I) Collection Co"", and Exoenses - After Acceleration, the Borrower will pay to the Bank, on demand, all cos~ and expenses, inoluding reasonable anomey's fees, incurred by the Bank in enforcing any or all of its rights and remedIes under this Agreement or any Security InstrUl11ent. Fees imposai WIder sections (c) through (h) above will be added to the principal balance of the Account as additional Loans.' , I 5. Termination. The Line of Credit and the Bank's commitment to make Loans shall rerminate at the earliest of the following times: (a) The close cfbusiness an the fifteenth (15th) day following Tecoipt by the Bank of written notice of Termination from any Obligor or any Pledgor; (b) The close of business on the date specified in the Bank's wrinen notice of T erminalion ,to each Obligor and each Pledgor, it being understood that (i) such notice may be given by the Bank at any time and for any reason whatsoever, and (ii) the date specified must be not less than 60 days after the date 01\ which tht Bank's notice is .ent; (c) When the Bank receives notice that (i) any Obligor or any Pledgor has filed a petition for relief as a debtor Wlder any bankruptcy or insolvency law, or (ii) any such petition has been filed against any Obligor or any Pledgor and not been dismissed within 30 days; or (d) When the Bank gives written notice of Acceleration as provided in Paragrapo, J 7 of this Agreement. It; Wlder any provision of subparagraphs I 5(a)-( d) above, any Termination would become effective on other than a Banking Day, such Termination will automatically become effective as of the close of business on the next Banking Day after such effective date. 16, EvenTS of Default . Each of the following shall be an Event of Default under this Agreement: (a) The failure of the Borrower to pay any of the Obligations when due; (b) If any representation, statement or ccrrification by any Obligor contained in or given in connection with this Agreement or if any represontarion by any Pledgor contained in or given in connection with any Security InslIUmCnl shall be untrue in any material respect; (c) If any Obligor sha1l fail to comply with any agreement with the Bank, Or if any Pledgor shall fail to comply with any agreement in any Security Instrument; (d) Iflhe Borrower shall inew- or permilto exist any indebtedness for borrowed money (otj1er than indebtedness to the Bank) except for (i) indebtedness in connection with consumer loans not related to the Borrower's business, and (ii) other indebtedness far borrowed money in an aggregate principal amount which does nO! exceed 25% of the Credit Limit; . (e) lfthere shall exist; at any time, any material liens or encwnbrances on the Collateral other than that created by a Security InstrUment and the following (if none, insert "None"): NONE (I) If, in the "'asonablejudgment of the Bank, any Obligor or any Pledgor is or becomes iflSolvent or generally unable to pay his, her or its debts as they become due; (g) If any Obligor shall default in the payment of any material indebtedness for borrowed money, or if there shall be entered against any Obligor any judgment; (h) If any account of any OWigor at the Bank or any properly of any Obligor held by the Bank shaIl be subject to any anachment; levy or garnishment; (i) If any Obligator any Pledgor shall file a petition under any bankruptcy or insolvency law, Or if any such petition shall be filed against any Obligor or any Pledgor and nO! be dismissed within 30 days; AUi-I~-OO 13:32 1- h" ~'. ~ :..~ From-FUNS MONEY STORE LOWER LEVEL T-B45 POBIII H20 7 (j) If any Obligor which conducts business shall cease to conduct business or shall materially aller the n.ture of its business; (k) If any Obligor who i~ an individual dies; (I) If any Obligor shall fail to promptly provide any financial statements or other tinancial information reasonably requested by the Bank; . (m) !fthe Bank shall become aware of any facts or circumstBllees which, in the reasonable judgmem of the Bank, have had or arc likely to have a material adverse effect on the [mancial condilion, income, cash flow, business prospect. or general eredim-orthine.s of any Obligor; (n) lfthcre shall be, with respect to any Obligor which is not an individual, any change in <1omroJ, as thaI tean is defined in Rule 12b-2 under the Securities E"ehange Act of I 934, or if any such Obligor merges or consolidates with another business entity, seUs any subSlantial ponion of its assets or dissolves, liquidates or commences any fOIm of di..olution or liquidation, or enters intO any agreement to do any of the foregoing ; (0) lfthere shall be IIIlY default under any Security lnslt1llllent, even ifsuch default is not an Evenl of Default under this Paragraph 16; or (p) lfthe Bank reasonably delermines that any Security InSlt1llllenl does not represent a pmected lien on, interest in or pledge of me CoUateral or that there has been a material adverse change in the market value of the Collateral, ' 17, Acceleration, Upon the occurrence of any Event of Default referred to in clau~e (i) of the pr~eding Paragraph, all of the Obligations shall automatically become immediately due and payable wimout any demand, notice or declaration by the Bank. Upen the occurrence of any other Event ofDdault, or at any time thaeafter during me continuance of such Event of Default, me Bank may, at its option, declare all of the Obligations to be immediately due and payable by sending written notice of Acceleration 10 Borrower, Guarantor and Pledgor in the manner and to the addresses provided in Paragraph 21 cf this Agreement. Upon Acceleration, and at any time thereafter, the Bank may exercise any or all of iis rights and remedies under applicable law against any Obligor and under any Security lnslI1lment, TIu: Bank may, at ilS,option, e"ereise or decline to exercise, without waiving, any such rights and remedies, and may exercise them simultaneou.~ly or in any order whatsoever. The provisions of this Paragraph 17 shall be applicable whether or not there has been any previous Tenninalion pursuant to Paragraph 15, 18. Right of Setoff and Security Interest in Dwosi, Accounts. Each Obligor acknowledges the Bank's right of setoff against deposit aCCOlUlts of such Obligor and against any other amounts which may be at any time owed by tne Bank to such Obligor, In addition to the foregoing, each Obligor grants to the Bank a security interest in and lien upon any deposit account at rheBank in which such Obligor has an inrerest. The Bank's rights and remedies under this Paragraph 18 may be exercised upon or after Acceleration or upon or after the occurrence of an Event of Default referred to in clause (h) in Pllt1lgraph 16 of this Agreement. 19, Waiver.' Av Oblieor nndPledeor, In addition 10 the other waivers and consents in this Agreement, each Obligor and each Pledgcr acknowledges IIIld agrees, to the extent pernllned by law, that its liability under this Agreement is unconditional and shall not be diminished, impaired or postponed by (a) the bankruptcy, insolvency or change in legal stalUs of any Obligor or any Pledgor; (b) 1I1e Bank's failure to obtain such Obligor's or Pledgor's consent to, or to give notice of (i) any waiver, fbrbearance, indulg= or inaction by me Bank with respect to the Account, the Line of Credit, the Loans or the Obligaticns or with respect to the Bank's remedies against any Obligor 01' under any Security Insnument, (u) any agreement between 1I1e Bank and BOlIOwer to modifY the terms of this Agreement, other than a modification which ~odilie. such Obligor's or Pledgor's right to remlinate the Line of Credit pUtSuantto Paragraph 15 or which increases tlie Credit Limit. or (iii) any misrepresentation by IIIlY Obligor or Pledgor, or any omer Event oiDefault; (c) the release from. cr the limitation ofliabiliIy of, any other Obligor or Pledgor; (d) any impainnenl of such Obligor's cr Pledgor's right of recourse, subrogaticn, indemnification or contribution against or with respect to any other Obligor or Pledgor; or (e) the uneaforceability of any provision of this Agreement or any provision of any Security Inslt1llllent against any otber:Obligor or Pledgor, Each Guarantor and each Pledgor agree that they will not exercise IIIlY right of subrogation which they may have against Borrower until aU of the Obligations have been paid in full and the line of credit has been rer20, Re;n.ratement or Obligations, If and 10 the extenl that any payment Or reduction of 1I1e Obligations is rescinded or must be returned or disgorged by the Bank, as a result of any Obligor's or Pledgor's bankruptcy, insolvency or otherwise, the Obligations so paid or reduced .hall be \leemed to be reinslated for purposes of this Agreement, and each Obligor and Au,-I!-OO 13:33 Fram-FUNS MONEY STORE lOWER lEVEL ~ -."'!]' ,"', T-845 P 09/11 H20 8 Pledgor shall be obligated and have liability therefor in accordance with the terms of this Agreement, except ro thE> extent prohlblled by applIcable law, In we event that any Obligations are reinstated subsequent to termination of a Security InsU1lII1L"nt. each Pledgor shall execute and deliver to the Bank a replacement SeCurity Instrument 21, Notice., All rotices under this Agrcement shall be in writing, A notice oftennination given by any Obligor or Pledgor .hall be effective upon actual receipt therc:ofby the Bank at the address shown below, Unless otherwise expressly provided, all oilier notices shall be effective when sem via prepaid first cl.... mail or recosniZed overnight courier ~erVice, addre;sed to the recipient at the address shown below, If to the Bank: CoreState., Bank N.A Revolvina Credit 1',0, Box 16022 Readin~. PA 1 %03 !ftO Borrower: 4 E Libert\' Ave Fl3 C.rli.le P. ]70]3 If to Guarantor: James Kayer 19130eorPathRd, Harrishura Pa, 17110 If to Pledgor: Any party may change its address for purposes of lhiil notice provision by giving notice as provided above to eacl1 other plUty 22, R<ejlresentation. to the Bank, Each Borrower represents that the proceeds of each Loan shall be used by the Borrower solely for business purpose:!!, Each Obligor and each Pledgor which is . corporation, limited liability <;ompany or a general or limited partnership represents and warrants that it is validly existing and in good standing in the jurisdiction under whose laws it was organized, Each Obligor and each Pledgor which is a corporation or limited liability company ropresents and warrants that the execution, delivery and performance of this AflteeIIlent (and, as ro each Pledgor, the applicable Security Inslnlment) are within itS organizational powers, have been duly authorized by all necessary action by it. board of directors (or of its members, in the case of a limited liability company), and Me not in COlllI'avention of the tenns of its charter, by-laws, any applicable operating agreement or any resolution of such board of directolS or members, Each Obligor and each Pledgor which is a partnership represents and warrants that the execution, delivet}' and perfoltllance of this Agreement (and, as ro each Pledgor, the applicable Security lnstn,mtem) have been duly authorized and 'lfe not in conlliet with any provision of its partnership agreement or certificate of limited partnership, Each Obligor and eacll Pledgor represents and warrants that this Agreem<:nt and each Security lnsrrument to which any Obligor or Pledgor is a PIlI!}' have been validly executed and are enforceable in accordance with their tenns, that tile eXecution, delivery and performance of this Agreement and such Security Instrument are nOt in contravention of law and do not conflict with any indenture, agreement or undCl'Ulking to which such Obligor or Pledgor is a paIt)' or is othctWise bound, and that no consent or approval of any govemmt:ntal authority or any third party is required in connection with the exeoution, delivery or petform8lie of this Agreement or suoh Security lnslfUment Each of the foregoing representations and warranties is mad.. solely for the Bank's benefit and is not to be relied upon by any Obligor, any Pledgor or any other person. 23, Additiona] Waiver<, Etc. Each Obligor waives presenUtlent, dishonor, notice of dishonor, protest and noticeofprolesl. Neither the failure nor any delay on the part of the Bank to exercise any right, remedy, power or privilege hereunder shall operlltc as a waiver or modification thereof No consent, waiver at modification of the = of this Agreement shaH be effective Wlless set forth in a writing signed by the Bank, All rights and remedies of the Bank are cumulative and concurrent and no single or partial exeroise of any power Or privilege shall preclude any other or further exercise of any right, power or privilege, 24. CONFESSlON OF ,JUDGMENT EACH OBLIGOR IRRllVOCABLY .AUTHOlUZ;ES AND EMPOWERS ANY ATTORNEY OR ANY CLERK OF ANY COURT OF RECORD, UPON ORAFl'l1R THE OCCURRENCE OF AN EVENT OF D,EFAULT, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST - . ~I " .......... ~ ~" . " ~' " '1 AUi-IT-OO 13:33 From-FUNS MONEY STORE lOWER lEVEL T -845 P 10/11 H20 9 OBLIGOR FOR SUClI SUMS AS ARE DUE AND OWING UNDER THIS AGREEMENT, WITH OR WITHOUT DECLARATION, WITlI COSTS OF SUIT, wrmOUT STAY OF EXECUTrON AND WITH AN AMOUNT NOT TO EXCEED THE GREATER OF FIFTEEN PERCENT (15%) OF THE PRINCIPAL AMOUNT OF SUCH JlJDGMINT, OR $5,000, ADDED FOR COLLEC110N FEES. IF A COpy OF THIS AGREEMENT, VERIFIED BY AFFIDAVIT BY OR ON BEHALF OF THE BANK, SHALL HAVE:BEEN FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL OF THIS AGREEMENT. THE AUTHORITY GRANTED HEREBY SHAll. NOT BE EXHAUSTED BY THE INITIAl. EXERCISE THEllEOF AND MAYBE EXERCISED BY nm BANK FROM TIME TO TIME. 'J.1IERE SHALL BE EXCLUDED FROM THE LIEN OF ANY JUDGMENT OBTAINED SOLELY PURSUANT TO THIS PARAGRAPH ALL lMPROVED REAL ESTATE IN ANY AREA IDENTIFIED AS HAVING SPECIAL FLOOD HAZARDS UNDERllEGUlATIONS PROMULGATED UNDER THE FLOOD DISASTERPROTECTION ACT OF 1973, IF THE COMMUNITY IN wmCH SUCH AREA IS LOCATED IS PARTICIPATING IN mE NATIONAL FLOOD INSURANCE PROGRAM. ANY SUCH EXCLUSION SHALL NOT AFFECT ANy LIEN UPON PROPERTY NOT so EXCLUDED. EACH OBLIGOR ACKNOWLEDGES AND UNDERSTANDS TIiAT THE PROVISIONS OF' TIllS PARAGRAPH 24 INCLUDE A WAIVER OF IMPORTANT RIGHtrs WInCH WOULDOTHEll.WISE BE AV AILABU TO EACH OBLIGOR AND THAT BY SIGNING THIS AGREEMENT, EACH OBLIGOR: (A) IS AUTHORIZING THE BANK, UPON OR AFTER THE OCCURRENCE OF AN EVENT OF DEFAULT, TO ENTER A JUDGMENT AGAINST OBLIGOR AND IN FAVOR OF THl BANK, WlnCHWlLL GM THE BANK A LIEN UPON ANYREALESTATE WHICH OBLIGOR MAY OWN IN ANY COl)NTYWHERE THE JUDGMENT IS ENTERED FOR ANY AMOUNTS WlDCH AllE OR MAY BECOME DUE UNDER THIS AGREEMENT; (B) IS GIVING UP THE RIGIn' TO ANY NOTICE OR OPPORTUNITY FOR AHEARING BEFOllE THE ENTRY OF JUDGMENt' ON THE :RECORDS OF THE COURT; (C) WR.L BE UNABLE TO CONTEST THE VALIDITY OF ANY JUDGMENt' ENTERED BY THE BANK UNDER TInS PARA~RAPH 24 UNLESS OBLIGOR CHALLENGES ENTRY OF TIlE mDGMENT tHROUGH A PETITION TO OPEN OR STRlI{E mE JUDGMENT, WllICH WILL REQUIRE OBLIGOR TO RETAIN COUNSEL AT OBLIGOR'S EXPENSE; (D) IS GIVlNG UP AN IMPORTANT mGIn'TO ANY NOTICE OR OPPORTUNITY FOR A HE,\RING BEFOllE TIlE BANK MAY REQUEST AND USE TIlE POWER OF ;STATE GOVERNMENT TO DEPRIVE OBLIGOR OF ITS PROPERTY PURSUANT TO THE JUDGMENT BY SEIZING OR HAVING THE SHERIFF OR OTHER omClAL SEIZE OBLIGOR'S BANK ACCOUNTS, INVENTORY, EQUIPMENT, FURNISHINGS, OR ANY PERSONAL PROPERTY THAT OBLIGOR MAY OWN, TO SATISFY OBLIGOR'S OBLIGATIONS UNDER THIS AGREEMENT; AND (E) OBLIGOR MAY BE IMMEDIATELY DEPRIVED OF THE USE OF ANY PROPERTY 'l1IAT IS SEIZED BY TIlE BANK PURSUANT TO ,THE JUDGMENTWI1lIOUT NOTICE OR HEARING, AND THERE IS NO ASSU,RANCE THAT A HEARING WILL BE AV AILAllLE TO OBLIGOR PROMPTLY AFTER OBLIGOR'S PROPERTY IS SEIZED. FULLY AND COMPLETELY UNDERSTANDING THE RIGHTS WHICH ARE BElNGGlVIN UP AS DESCRmED HEREIN, EACH OBLIGOll KNOWINGLY AND VOLUNTARILY WAIVES THESE RIGHTS BY SIGNING THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING, OBLIGOR HAS EI1HER CONSULTED OBLIGoR'S LEGAL COUNSEL OR VOLUNTAlULY DECIDED NOT TO CONSULT LEGAL COUNSEL, 25, CONSENT TO 1URlsmCTION AND VENUE. IN ANY LEGAL PROCEEDING INVOLVING. DIRECTLY OR INDIRECTLY, ANY MATTER ARISING OUT OF OR RElATED TO THIS AGREEMENT 'OR THE RELATIONSHIP EVIDENCED HEREBY. EACH UNDERSIGNED PARTY HEREBY IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN ANY COUNTY OF THE STATE SPECIFIED IN PARAGRAPH 24 ABOVE IN WHICH THE BANI< MAlNTAJNS AN OFl'TCE AND AGREES NOT TO RAISE ANY OBJECTION TO SlICH JURISDICTION OR TO THE LA YlNG OR MAINTAINING OF THE VENUE OF ANY SUCH PROCEEDING IN SlICH COUNTY, EACH UNDERSIGNED PARTY AGREES THAT SERVICE OF PROCESS IN ANY SUCH PROCEEDING MAY BE DULY EFFECTED UPON IT BY MAlLING A COPY THEREOF. BY REGISTERED OR CERTIFIED MAIL, POS:rAGE PREP AlD. TO EACH UNDERSIGNED PARTY. 26. W AIYER OF JURVTlHAL EACH UNDERSIGNED PARTY HEREBY WAIVES TRIAL BY JURY IN ANY LEGAL PROCEEDING INVOLVING, DIRECTLY OR INDWCTLY, ANY MA'ITER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANYWAY ARISING OUT OF OR RElATED TO THIS AGREEMENT OR THE RELATIONSHIP EVIDENCED HEREBY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE BANK TO ENTIR INTO TIllS AGREEMENT. -'"'1__. . . ":- . '.~ " , 10 C 'I,. ( \ 27, No Imnlied Modification, Unless otherwise expressly agreed in writing: (i)the provisions of this Agreement are cumulative and concurrent with any and all other instruments and agreements between the Bank and any or all of the Wldersigned Obligors, Guarantors or Pledgors; and (Ii) no such instrument or agreement shall be deemed to be modified, canceled or replaced by this Agreement 28. Miscellaneous, If any provision of this Agreement shall be held invalid or Wlenforceable, such invalidity or Wlenforceability shall not affect any other provision hereof, Except for the Billing Date, in the event that any due date specified or otherwise provided for in this Agreement shall fall on a day which is not a Banking Day, such due date shall be postponed Wlill the next Banking Day, and interest and any fees or similar charges shall continue to accrue during such period of postponement This Agreement has been delivered in and shall be governed by and construed in accordance with the laws of the state of Pennsvlvania (including the Uniform Commercial Code as in effect in that state) applicable to contracts fanned and ir1tervlf'li to be perfOImed in that state. This Agreement shall be binding upon and benefit the parties hereto and their respective personal representatives, heirs, successors and assigns, No assignment of rights or delegation of duties under this Agreement by any Obligor or any Pledgor shall be effective without the prior written consent of the Bank. IN WITNESS WHEREOF, each Wldersigned party has executed this Agreement, intending to be legally bOWld hereby, as of the Agreement Date. [Signature of Borrower] Kayer & Brown [Signature ofPledgorJ / ~;1 it"f I J [Sign e of Guarantor] j ,trl CORESTATES BANK, N.A. ~:/.~ A?ut~ Bi,rry . Luckenbaugh Jam.. - I ~. ". eo. ..sr..b.... ClJ?""il'lliD COpy OF BORROWING ~r-"OLUTIONS \., AND CERTIJ!1CATE OF INCUML::;NCY . ':[1 1:0: CoreStates Bank N.A. . tv I, the undersigned Secretary ~ Kayer & Brown a '., el1n 'Y/I~ Iff/!';' corporation (the "Corporation") hereby cemfy that (ch\!h one) ISl at a meeting of the Board of Directors of the Corporation. duly called and held in accordance with i" charter and by-laws on / ~? ( -z. ,; ,19 t[ 5 , at which a quorum was present and voting throughout. o by unanimous wrinen consent of the Board of Directors of the Corporation, dated I ,19, the following Resolutions were adopted in accordance with its chaner, by-laws, and applicable law and that said Resolutions have not beer. altered, amended or rescinded and are now in full force and effect: "RESOLVED: 1. That the President, Vice President, Treasurer, Secretary and ,/ of this Corporation, or any J I of them, are hereby authorized in the name and on behalf of this Corporation from time to time (I) to borrow money and to obtain credit from CoreStates Bank N .A. ,a national banking association (the "Bank'), and (0 sell to or discount with said Bank any evidences of indebtedness and ,chases in action owned by this Corporation, on such terms as may be required by said Bank; (2) to authorize and cause the issuance of letters of credit and the purchase or sale of exchange for furure delivery by said Bank for the account of this Corporation, on such terms as may be required by said Bank: (3) to give said Bank one or more mortgage or other lien on any real propeny of this Corporation or one or more liens on onecurity interests in any personal property of this Corporation originally and in addition and in substirution to secure the payment and performance of this Corporation's obligations and liabilities of any nature to said Bank; and (4) in connection with the foregoing, to execute and deliver any instrUments andlor agreements required by said Bank, including those authorizing confession of judgment and including those containing a provision authorizing said Bank (0 charge payments due on loans, advances, fees and other charges to a deposit account maintained by the Corporation with said Bank and such other terms and provisions as such officer(s) shall deem appropriate, 2. Any action heretofore, taken by any officer of this Corporation with respect to any of the maners stated above is hereby ratified and confinned. 3. That the Secretary is hereby directed to file with said Bank a certified copy of these Resolutions and a list of the persons, together with specimens of their signature, who are the present holders of the said offices, and that said Bank shall be entided as against this Corporation to presume conclusively'that the persons so certified as holding such offices continue respectively to hold the same until otherwise notified in writing by the Secretary, 4, That these Resolutions, insofar as said Bank is concerned, shall continue in fu~ force and effect until receipt by said Bank of written notice from the Secretary of the changes, if any, therein." I hereby further certify that the above Resolutions do not conflict with the provisions of the Corporation's charter or its by-laws, and that the present holdef3 of the offices 'referred to in the foregoing Resolutions and their specimen signamres are set forth below, Name (Typed) ./ James J. Kayer Tide (Typed) / President Specimen Signarure ./ / ;1/)~,1 /7/ './ ! ' (/ v IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Seal this./ ';;.0 f'; of / r"").Y'dl'/ ,19 Q5, /' (l &, (/1 (Affix Corpor:ite Se:!!) ./ ~O (/secremJr \.. \,J day Note: The Presid~)t or Vice-President must sign the following confirmation. if applicable: G\ of the above named Corporation. do hereby mAMS ~ certify that the Secretary,of said Corporation is duly authorized to borrow and otherwise act as stated in the above Resolution No, I without th " . th is the present Secretary o er SIgnature or counterSIgnature, a[ of the Corporation, and that the signature of said Secretary above is his or her aue signarure. IN WITNESS WHEREOF, I have hereunto set my hand this day of ,19 (Sign:nure lnd Title) S97>C ;0/93 ..L ~ " I , .'_L. . "".;'" '.. ," VERIFICATION I, Mark Bartholomew, hereby verify that I am the Portfolio Manager of First Union National Bank, that I am anthorized to make this verification on its behalf and that the facts set forth in the within Instrument are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa,C,S,A, ~4904 relating to unsworn falsification to authorities, -~ MARK BARTHOLOWMEW, P,M, Dated: I-.;)~-Jcol I Rt.ED'{)~"FjCE OF 1"' ,- r_'"'., '~II^"'fRY . r-[~'. .I.,<, .~: "', ),",;)" , oi i..... j ,1...... I, ',"" ,~ 1 . OJ JAN 25 PH 3: 0 ! CUM8EFiU\ND COUNTY PENNSYLVANIA . I ,I t ~ -ii: % .~ i ~ ':j ~ ~ ~ ~ ~ I ~ I I g 'I " . ~ . I ~ I ~ /.Lf. SO 'P cL {).!./y CL-iL.976 ;U R:.:tl /6t.[>60 AJo.I-It:.L- ~; LLc( ~ '~...l ~ - j~ ~~, ~, .. ,'. SHERIFF'S RETURN - REGULAR CASE NO: 2001-00531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS KAYER & BROWN CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGEMENT was served upon KAYER & BROWN the DEFENDANT , at 0009:48 HOURS, on the 30th day of January ,2001 at 4 LIBERTY AVE CARLISLE, PA 17013 VICKIE GROUP (OFFICE MANAGER) by handing to a true and attested copy of CONFESSION OF JUDGEMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 lO.OO .00 31. 10 So ,Answ::;!.; ~, " .r~r~e R. Thomas Kline 01/3l/200l LINTON, DISTASIO & ADAMS Sworn and Subscribed to before By: me this.;z~ day of JJ......h .2H1 A.D, "1 ' ~en~::~ 'I*{< j,""',.............-...,- :~~~,.,."' U>j"~ _ - - .'. .,,^,- ;-d~ 'jl Linton, Distasio, Adams & Kauffman, P.C. By: Anthony R. Distasio, Esquire Attorney lDO 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No, 01-531 Civil Term vs KA YER & BROWN Defendant CONFESSION OF JUDGMENT vs. FARMERS TRUST and HARRIS SAVINGS BANK, Garnishees PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: ISSUE WRIT OF EXECUTION UPON A CONFESSED JUDGMENT IN THE ABOVE MA'ITER, (1) Directed to the Sheriff of Cumberland County, Penna,; (2) against Kayer & Brown, 4 Liberty Avenue, Carlisle, Cumberland County, PA 17013 Defendant(s); (3) and against Farmers Trust, 1 West High Street, Carlisle, PA 17013 and Harris Savings Bank, 17 West High Street, Carlisle, PA 17013 Garuishee(s); (4) and index this writ (a) against Defendant(s) and (b) against Garnishee(s), as lis pendens against real property of the Defendant(s) in the name of the Garnishee(s) as follows; (Attach Description of Property) Ail personal property belonging to the Defendant being held by the Garnishee.' (5) Amount Due: $23,279.07 Interest from 11/1100 at the per diem rate of $6.35 Plus costs per endorsement hereon {"</:Ii ~~"",-,,=L._' ~ ~~ ~....."' " - ~...,............... < ~.- , .. Certification I certify that (a) This praecipe is based upon a judgment entered by confession, and (b) Notice has been served pursuant to Rule, 958.1 at least thirty days prior to the fIling of this praecipe as evidenced by a return of service fIled of record, ' Dated: G/~/61 ~ 1- J ~,..... ~~>;-CrJ~'" C,! ~D-' 'r. '.,or: "1-_ .,C' , MY Or 1", .,.- nJ:.r,'J:f-\n~':OT '- '--.'" ,'","11,.)1, I .'.-- 01 JUN II Pr'l 3: 46 CUMBSHU\i~D COUN1Y PENNSYLVANIA I I ! I I I ., '%1 :~ Q/!:.60 ?cL~)f 3/.10 - Gx-!- 12, ; /Iy ,::;0 - I { , ( '1 (V I { , f 0(,00 '--- <$ 1-3. I D - " . f <;, :;1 ~ { :li [/'/00 J?u '7. .su - J.. L.. ~ ,~ j ] ~ i ~ >~ / , ~ I ~ 1 I G..t::#/wl7 {C...1L II ::279() / ~ ^'~ ~._~ - _& J,< Linton, Distasio, Adams & Kauffman, P.C. By: Anthony R. Distasio, Esquire Attorney 10# 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW No, 01-531 Civil Term vs KA YER & BROWN Defendant CONFESSION OF JUDGMENT vs, FARMERS TRUST and HARRIS SAVINGS BANK, Garnishees PRAECIPE TO RELEASE GARNISHEE AND DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Please release W A YFOINT BANK,' succe~sor by merger to YORK FEDERAL and HARRIS C Cl.I3o.l n:.t HOJr r b 50->> i "'S1 S t.:!>w-. I<. SAVINGS BANK as Garnishee and Ilissolvethe attachment, in the above-captioned action, docketed as set forth above, : LINTON,D,ISTASIO, ADAMS & KAUFFMAN, P.C. By: An 0 R, Distasio, E Attorney for Plaintiff f"~~n I 1 I 11 '~ '~ i\ , ~ \~ -~ li \1 ~ @ I ~ i . I ,~ I II ~ . J ;:-;:,~ ."~-,-~~~,~-=,~~.,, qS'.co ?cL 4tIy a>JI /63d- i"<:J:l 1/I.{S7b ~ y--- "i " , ," ",. i IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA M&TBank Plaintiff(s) First Union National Bank Petitioner( s) Vs Kayer & Brown Case No, 01-531 Defendant( s) Respondent( s) Responses to Interrogatories MANUFACTURERS AND TRADERS TRUST COMPANY Gamishee(s), MANUFACTURERS AND TRADERS TRUST COMPANY, pro se, for its answer to the Interrogatories states: [Questions and Answers Pursuant to 14 Pa C.S.A. Rule 3253] I, At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? Answer: o ~ o Yes No Denies knowledge or information sufficient to form a belief as to the answer to the question, 2, At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property of any nature owned solely or in part by the defendant(s)? Answer: / o o Yes No Denies knowledge or information sufficient to form a belief as to the answer to the question, ~ NO \ '6 SLQ3C( ~~ ~, \1~\'~~ " '""'''*" ~~,- ~~ - , ; . ., l' 3, At any time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? Answer: o ~ o Yes No Denies knowledge or information sufficient to form a belief as to the answer to the question. 4, At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? Answer: o 7R o Yes No Denies knowledge or information sufficient to form a belief as to the answer to the question, 5, At any time before or after you were served, did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? Answer: o Yes, The consideration was Jfr No o Denies knowledge or information sufficient to form a belief as to the answer to the question, 6. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place putsuant to the direction of defendant(s) against you? Answer: o ~ o Yes No Denies knowledge or information sufficient to form a belief as to the answer to the question, [Additional Questions and Answer (if any)] If any of the following reasons are checked, the account(s) in question are not subject to attachment because: o Account(s) No(s), are escrow account(s) for real estate taxes and insurance, o [Field 12] has a right of set off against the account(s) which it hereby elects to assert o Other: [9onsult with Counsel's Office and type in reason 1 \-~-ol Dated: - ~'. -'.,4.C: :.., .. MANUFACTURERS AND TRADERS TRUST COMPANY By:r~\:i:::~~~~ Name: Christine Alianiello Title: Supervisor Legal document Processing PO Box 708 Altoona, P A 16603 (814) 947-5871 . , ~~_~~~~t!ili:i!~illI~~.tM~lJtMi,,J"~'""----tr,,rt;r" '<l!d~,'!HU~.:l'$f,B",;,jg_.:.:d[!i." 'r ~ il~r" Jii&Jt." .~ n ,,~~,,' :':" Ii j ~ , ." i! " " o c ...or.::. ,.--n,- 1....'.,,: ~ / ~~ "..::..; ~.r, ;::,:,,\ .,..., -5c~ .~~ ~~ :..,n ...1 ';.~ -<, iF--,1 ., " J)1~ -~ IJ .. .....,'., , . " SHERIFF'S RETURN - GARNISHEE , CASE NO: 2001-00531 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS KAYER & BROWN And now RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 001l:30 Hours, on the 25th day of June , 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT KAYER & BROWN in the hands, possession, or control of the within named Garnishee FARMERS TRUST 1 WEST HIGH ST CARLLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to WANDA DALE (CUSTOMER SERVICE) personally 3 true and attested copies of the within CONFESSION OF JUDGEMEN and made the contents thereof known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 ,00 ,00 .00 So answers: ~~ ~~t:~t R. Thomas Kline Sneriff a Cuerland County 00/00/0000 By Sworn and subscribed to before me this /3 f!? day of 94 ~A.D. L- f2.7h, 1;___, 'f.nf Pr h notaii'; ," < . .~ ,,->," ~. '> . ... SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-00531 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS KAYER & BROWN And now RICHARD: SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0011:35 Hours, on the 25th day of June , 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , in the KAYER & BROWN hands, possession, or control of the within named Garnishee HARRIS SAVINGS BANK 17 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BETH JAMES (MANAGER) personally 3 true and attested copies of the within CONFESSION OF JUDGEMEN and made the contents thereof known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: .00 .00 .00 .00 .00 .00 f!"~ I-t:~~ R. Thomas Klin ~ner-:hijt.""ef-..Cu rland Co~nty 00/00/0000 By Sworn and subscribed to before me this /3 ~ day of ~ :uo I A.D, a4L~O ~.Jd,. j1~~ Pr notary f c ~ > _,_I -" ~ lliij,'-_' .' , , Linton, Distasio, Adams & Kauffman, P.C, By: Anthony R. Distasio, Esquire Attorney IDN 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW No, 01-531 Civil Term vs KA YER & BROWN Defendant CONFESSION OF JUDGMENT vs, FARMERS TRUST and HARRIS SAVINGS BANK, Garnishees PRAECIPE TO ENTER JUDGMENT ON ADMISSIONS TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against M&T BANK f/k/a FARMER'S TRUST, Garnishee, in the above-captioned action on admissions as set forth in Garnishee's Answers to Plaintiff's Interrogatories In Attachment in the amount of One Thousand Twenty-One Dollars and Fifty-Three Cents ($1,021.53), LINTON, DISTASIO, AD A- , ""'" 7/~ / By: Anthony R. Distasio, Esqui Attorneys for Plaintiff ;;t,;.,"J~ - , 0;." .;, ~.. "~I" f OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013 TO: KA YER & BROWN 4 LIBERTY AVENUE CARLISLE PA 17013 DATE: RE: FIRST UNION NATIONAL BANK, Plaintiff v, KA YER & BROWN Defendant v, M&T BANK, formerly known as FARMER'S TRUST Garnishee NO, 01-531 You are hereby notified in accordance with the Pennsylvania Supreme Court Rule #236 and #1519(c) that Judgment has been entered on a () Final Order * () Decree Nisi * () Verdict * (XX) Admissions () Default () Assessment of Damages () Arbitration Award () Confession of Judgment Complaint () Stipulation For Entry of Judgment and entered to No, against M&T , formerly known as FARMER'S TRUST, Garnishee, concerning Civil Suit No,01-53l on ,2001 in the amount of One Thousand Twenty-one Dollars and Fifty-Three Cents ($1,021. 3). ** 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), Curt Long, Prothonotary BY'- L2,o~~P.Z!t/l~ Deputy Prothonotary ~ -'""~< ;,~' '"' '" "~-~'. , , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013 TO: M&T BANK P,O, BOX 708 ALTOONA PA 16603 DATE: RE: FIRST UNION NATIONAL BANK, Plaintiff v, KA YER & BROWN Defendant v, M&T BANK, formerly known as FARMER'S TRUST Garnishee NO, 01-531 You are hereby notified in accordance with the Pennsylvania Supreme Court Rule #236 and #1519(c) that Judgment has been entered on a () Final Order * () Decree Nisi * () Verdict * (XX) Admissions () Default () Assessment of Damages () Arbitration Award () Confession of Judgment Complaint () Stipulation For Entry of Judgment and entered to No, against M& B , formerly known as FARMER'S TRUST, Garnishee, concerning Civil Suit No.oI-531 on ,2001 in the amount of One Thousand Twenty-one Dollars and Fifty-Three ents ( 1,021. 3). ** 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), Curt Long, Prothonotary J!y: ~, fliP. ~A~',~ Deputy Pro onotary ,- ' ..' "~, , "~ . '~",""",,' . m M&fBank Legal Document Processing (814) 947-5871 July 6, 200 I Anthony R Distasio, Esquire 1720 Mineral Spring Road PO Box 461 Reading, PA 19603-0461 Re: Writ of Garnishment and Interrogatories on Garnishee received by Manufactures and Traders Trust Company for Kayer & Brown Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, manufacturers and Traders Trust Company has searched its records and has identified the following open accounts with balances due its customer( s) as of May 29, 2001. Acct No, Balance Acct No, Balance Froze account 185639 balance $1,02L53 " If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then any safe deposit boxes identified at any of our branches are listed below, Branch Number Safe Deposit Box Number None If any of the above accounts or safe deposit boxes are designated by a "J" that means they are accounts or safe deposit boxes in which persons other than those identified in the Writ of Garnishment and Interrogatories may also have an interest With respect to all safe deposit boxes, an order directing the drilling of the box must first be obtained and Manufacturers and Traders Trust Company must be reimbursed for the cost of drilling and replacing the lock on the box, Pa,R.C.P, No, 3110, 42 Pa,C.SA Responses to Interrogatories that you propounded, if any, are enclosed, Sincerely, C~~~ Christine Alianiello Legal Document (814) 947-5831 MannfacturerS and Traders Trnst Company. P.O. Box 708, Altoona, Pennsylvania 16603 I CU\,';L F fY ,~~ ; ;,.'., I ~;", ' 'It'" , if'> I l;J : , I , , I i I I I . , '. iiJ'/ Ci ,.11:1. ,:n, , If::,!" "'I, r:' i"j j. .;:.' .;...; I I I I ,~ . ! ~ ~ , Ji ~ 'i! :;r I .!l i I ~ i I -:;[ < I ~ 9.Cb ?cL!+Ny C%-~ /oJ~1 R* /1'f'lJ? ~1~lLa.l ~ .~, --~- ' ~ , or ,,~,,___ ~~ n_' .='~" ..~ ~~ "~"" .-N"""",,>,, ,~~-"',~"-<^=,"" "V' , R. THOMAS KLINE Sheriff ~ t t~ ~; C;, " RONNY R. ANDERSON Chief Deputy EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF PATRICIA A. SHATTO Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 AUGUST 10, 2001 (') 0 ("J c:: ""1'1 First Union National Bank g: ". 1 -om c:: ~T~ =:; VS S2f" a ,--' " ;'fI Kayer and Brown zr"-- c...!"; '.... ci5 )> !,--, ~..'::u_ , '~'=' No, 2001-531 Civil Term i,;:t"J -=::J ,,-,' " )>(1 < ,.-. Property Claim Determination .-::.. z' ~~~ ~~>\~ -,-0 , , )>c '-!; Z rjS :<! ,;:- -< Dear Sir, Reference is made to Property Claim dated July 30,2001 entered by James Kayer, pertaining to Execution No, 2001-531 Civil Term, First Union National Bank -ys- Kayer and Brown. R. Thomas Kline, Sheriff, has determined that the claimant, James Kayer, in the abovementioned property claim, is prima facie the owner of the property set forth therein. so~ ~,~,' ~ ~-~~~ -! R. Thomas Kline, Sheriff BfY,11r/lai}, tkwbcde/ cc: Anthony Distasio, Atty James Kayer, Claimant Kayer and Brown, Defendant .~. '. .'0 '" " - ", < ~ - '.' " - "_ _s- ., ...0.... \ .. NOTICE OF PROPERTY CLAIM First Union National Bank In The Court of Common Pleas of Cumberland County, Pennsylvania .................._n..._......._._.............n................. ........_h................. -......n..........__..........._......................__.__n..h...__...__...........__...... vs, Kayer & Brown ....._.hhn......._....__..._.................._...._...........__.___._............n......~ 4 Liberty Ave Carlisle, PA l70l3 ._.........n.........h.........._......................_h_..'h_.____....................... No, ,.9~~??~,Gi~il.... ,...,. .".,. Tenn , Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Patricia R Brown , I' , I' d h . U I . I f h . . . , , . . . , . . . . , , ,., , . , . . , . . , , . . . . . . . . , . . . . c amung property Iste t erem. n ess an appralsa 0 t e prop~ erty is requested within (10) days from the date of this notice, the sheriff without making an appraisal will accept the value of the property set forth in the claim, 8jlOjOl ' Date:"".."""""".".,.." , 't"~~t Atty for PUff Sheriff of Cumberland County BycJOJ1&a~, ,\~.~r I .~, -~ ~~ · PROPERTY CLAIM F. i'l.,;5T \.;1'11(""\ NATnr-"i\ I GA,{k In the Conrt of Common Pleas of Cnmberland Connty, Pennsylvania Writ No. 0 J- 5 3 J - Q \ V) U vs K.Ay/=-t<. .g,. f!"Rt>lA/J 4 G l..l~:GZT\~f ~ CAt< L. J<; ""' I' '-, I TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned, A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE 5~ o::;u.-t!'- ~ THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: T ~ ~ Ct'~::)4 "-, +___~"f : ~ ~~ )'D~+'" - "- _ ~ '^ r. ,I J...+ ( c.. \) -+. / 6-< I ~? ,.., ""', r<....O;~A.2). Date '6Jq~D/ State ofPerm.sylv ia: County of Cumberland ~7/C (Vi -"I', R. E/Cvw~{ above list in the property claim are correct and true. Claimant ~~'~_' I 'ye', ~ / - - being duly sworn according to law, deposes and says that the I ~Yf~ Claimant ~ ......i...,. _...~~". I, ~' ~ " , . . PATK/CIA R. BROWN Property Claim Page Z Conference Room 1 Cloister Water Cooler (Leased) Hallway 1 Wooden End-table 1 Picture - French Print Office #3 Z Z-Drawer Filing Cabinets (legal size) 3 Office Chairs 1 Wooden Desk Misc. Stamp Collection Z English Prints 1 CCBA (1995) Picture 1 Emory JD Decree Misc. pictures Reception Area 1 Magazine Table 1 Picture (boats) ,":'::;"':'1 I, t>_ ''- .,-,,^ ~~, ," f NOTICE OF PROPERTY CLAIM ..f.!!;!?~...~g!Q.n.,.!'l~~JQ.n.a..:),..~?ll1....k,. ................................ In The Court of Common Pleas of Cumberland County, Pennsylvania ................_........_.___..... ..........h..........._......._..__ . ..... ......___..... vs, Kayer & Brown No, , , , ,Q1:-?~.l .Civi:).. . , , ' , ,. , , , . , . Term . ....................._..........h.__....n.......uu.._.......___....................un.... 4 Liberty Ave Carlisle. PA l70l3 Writ of Execution .........................................n............n........._.__._......nnn........... - TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Denise Pinamonti I' , [' d h ' U I ' I .f h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c al1rungproperty 18te t erezn. n ess an apprazsa OJ t e prop- erty is requested within (lO) days from the date of this notice, the sheriff without making an appraisal will accept the value of the property set forth in the claim, , 8/l0/0l - Date""",.,."""""......,. . 1!'~ ~t ...................f.~............, Sheriff of Cumberland County BJj~q,,~:/ " Anthonr Distasio, Atty forPltff ~~~~"'~,.~=~n'''''~tctfi,a<.;,{.''t','' W{~t~m~R:~~~~~~~;if,\t~~:~tA:;f:~:~~":~~I':,~' If :';;-=-'J ~~. '". 1'.- "8: I PROPERTY CLAIM ~Wsf-' l J.V\\IM. tJOC~ ~ In the Conrt of Common Pleas of Cumberland County, Pennsylvania Writ No, 0 ( - 53/ ~(VII qcll~~\~~ TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned, A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE See ~eLd THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: Date ~_0t-()( State of Pennsylvania: COJ),ofcUmberland ~ f C(\l.'SGr( (lame rr-\1 above list in the property claim are correct and true, J being duly sworn according to law, deposes and says that the ,. ~,~ ~~~ ._1 J ~!'''''-iJa -~ " . .'~ '~ "'~~~'~'IIId.!' PA REAL ESTATE SERVICES, me. Property Claim Page 2 Conference Room 1 Wooden Conference Table 7 Chairs 3 4-Drawer Filing Cabinets (legal size) 1 Refrigerator 1 G.E. Microwave 1 Large Folding Table 1 Wall Clock I Wooden Book Case 1 Trash Can Office # 1 1 Walnut Desk I Panasonic Office Phone/Multi-Function (own entire phone system which includes 6 phones) I Trash Can Office #2 1 Swintec Electric Typewriter 4 (3) 4-Drawer filing Cabinets and (1) 2-Drawer filing Cabinet 2 Wooden Desks 2 Computers with Monitors, Keyboards, etc. 1 Folding Table 2 Adding Machines 2 Computer Printers 3 Office Chairs 2 Typewriter Stands I Emerson AM/FM/TV 1 Wooden Stool 2 Trash Cans Misc. Pictures Hallway 1 Brass Pot with Plant 1 4-Shelf Book Case Copier Room 1 Folding Table I Paper Shredder 1 Electric Pencil Sharper Misc. Office Supplies ~""",,",," " . PA REAL ESTATE SERVICES, INC. Reception Area 1 Computer, Monitor, Keyboard, etc. 1 Fax/Printer/Copier Machine 1 Wooden Z-Drawer Filing Cabinet (legal size) 1 Metal Z-Drawer Filing Cabinet (legal size) 4 Office Chairs 1 Transcriber 1 Printer Stand 1 Wall Clock iliJil.tIii!>" Property Claim Page 3 ~- -~^._ '_"W^~"O~"^ '. W~___ _~. _<'_'~"~~"'_M'_., .J<: R THOMAS KLINE Sheriff ....w of (t[.Ul1tOl' ~,. l't ~~'r., ,,<tq{) f~, . .,j't~\ ~~V'if -':r; "''1''>':;'''.1 f.~,y". ':', ','.~:;!!c' (/; '. "I rJ~]'J'w.\ !1T (. ~'i}1 'w, 1111_' %:\~..l, "~ ,,,.,,, ....,,'. ,~~' "" (~~ ~'-"~r'" RONNY R ANDERSON Chief Deputy EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF PATRICIA A. SHATTO Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 AUGUST 20, 2001 0 C) C ! -."~ ;:~ " -0cr:. ;~? ,~ V' fTlFt First Union National Bank Z:'L" r~~) th ;~-~: eLl VS .:<, " r::r.o:.- .'",\, Kayer and Brown <,-.' ~C': ." No, 2001-531 Civil Term --0 .t::-' 5c Property Claim Determination :z; ...W~; -, OJ -< Dear Sir, Reference is made to Property Claim dated August 10, 2001 entered by Patricia R Brown, pertaining to Execution No, 2001-531 Civil Term, First Union National Bank -vs- Kayer and Brown, R. Thomas Kline, Sheriff, has determined that the claimant, Patricia R Brown, in the abovementioned property claim, is prima facie the owner of the property set forth therein, so~: ,~~;. -.~t:~.~ R, Thomas Kline, Sheriff BclalldjcO.~cJu/ cc: Anthony Distasio, Atty Patricia R Brown, Claimant Kayer and Brown, Defendant , ---~ . '>'~',~' -- . "",,",' -. ~. ."_e_ '~"'y.. ", ,',~ .' '_"','~4'-",."'",,,''',,, "'"''>''',~~o''''''''' . ""~:: R, THOMAS KLINE Sheriff RONNY R, ANDERSON Chief Depuly EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF PATRICIA A, SHATTO Real Estale Deputy j 0 C".:' C "7 .,.,. 'V (1':; ;- rnr-;-", 3') \~, ;0 0.:' "'T) _.:J,w " :Gc r z; .~-' -"J --, <p -cO -<. One Courthouse Square Carlisle, Pennsylvania 17013 AUGUST 20,2001 First Union National Bank VS Kayer and Brown No, 2001-531 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated August 10, 2001 entered by Denise Pinamonti, pertaining to Execution No, 2001-531 Civil Term, First Union National Bank -vs- Kayer and Brown. R Thomas Kline, Sheriff, has determined that the claimant, Denise Pinamonti, in the abovementioned property claim, is prima facie the owner of the property set forth therein, ;;~,~~t R Thomas Kline, Sheriff B ~ cc: Anthony Distasio, Arty Denise Pinamonti, Claimant Kayer and Brown, Defendant ~,,_.- , '" I Wg, ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO Ol-531 CIVIL~ TERM CIVIL ACTION - LAW 10 THE SHERIFF OF Cumberland COUNTY To satisfy the debt, interest and costs due First Union National Bank PLAINTIFF(S) from Kayer & Brown, 4 Liberty Avenue, Carlisle. PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell a] 1 personal prooerty (2) You are also directed to attach the property of the defendant(s) noflevied upon in fhe possession of FaIJ11ers Trust, 1 West Hiqh Street, Carlisle PA 17013 and Harris Savings Bank, l7 West High Street, Carlisle, PA l70l3 GARNISHEE(S) as follows: ',:,'-" and to notnythegaihishee(s) that: (a) ar; attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise dispoSing thereof; (3) If property of thedefendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Due Prothy Other Costs $.50 $1.00 Amount Due $23,279.07 fr.om ll/l/OO at per diem rate I nteresf -of $6.3'> Atty's Comm % Arty Paid _____$63.l0 Plaintiff Paid L.L. Dale: June 11, 200l Curtis R. Long Prothonotary, Civil Oiv.ision _by ~~tJ ~,7J(Q7~'rlJ Deputy REQUESTING PARTY: Name Anthony R. Distasio, Esq. l720 Mineral Spring Road, PO Box 46l Readinq, PA 19603-046l Attorney for: Plaintiff Telephone: 6l0-374-7320 Supreme Court lD No, 46890 Address: ;~~WI',*"W",,,,,ftih.kj,"!i:s.",~_~lli<lili~1\,.;f1.,,1,lh\\:ili:liid"-J',,,iH"~'";!<,Ww;,,,,"'d;J,t~1iAA,1.4W_1tIJ~iIljllllilill.lllilliiiliM'If""<" "'." ,.~ ..,_J ~ .~iIiI~i. 'w ~ = Ibl6 Ibl6 f J'J R Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED" PER PRe 3206 (e). Sheriffs Costs: Docketing $ Poundage Advertising Law Library Prothonotary Mileage Mise, Surcharge Levy Post Pone Sale Garnishee Advance Costs: Sheriffs Costs: $ l63.,96 $ l63.96 l~~tt~.>r' .50 1.00 3.25 'c., - ' Refunded to Arty on 9/7 /Ol 60.00 60.00 -18.00. l63.96 Sworn and Subscribed to before me So Answers; r'~~e<~ R, Thomas Kline, Sheriff ByCIO~/c6J;1 ~bcth/ this /q~ day 0: j/,'T,~ //., 2001 A,D, Q;(' 0 '7~u#-e., , ~ pr notary ~ It I If'; :\l} S H '~j d .',! -", \0. lid ItS € 81 NOr A1Nnc> ,_ i., ~ '(, :Ji'ino ~~IM3HS JH,- 30 3~I.HO $),)'0 UL '37901 tu, /1t.tV'f "'~'"",1'''''''',,',_.",~,'''''. ' ,'~ ,w__" ".' '.',",",'?c',,", "'~"" ",.,..t.~ "<'" "_ ~","~", ~_' _" ,,,' ~ " "'" .. , () ~ "I OJ - I1&JJ ~ = 1ll.b, rL1L ~, '~.",' ~!('_1 ~\; .."'.......L~, c~>, ~ ~, ,. , ',1., - .<1'\ . Linton, Distasio, Adams & Palange, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No, 01-531 Civil Term vs KA YER & BROWN Defendant CONFESSION OF JUDGMENT vs. M&T BANK flk/al FARMERS TRUST, Garnishee PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: ISSUE WRIT OF EXECUTION UPON A CONFESSED JUDGMENT IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Penna,; (2) against Kayer & Brown, 4 Liberty Avenue, Carlisle, Cumberland County, PA 17013 Defendant(s); (3) and against M&T Bank flk/a Farmers Trust, 1 West High Street, Carlisle, PA 17013. Garnishee(s); (4) and index this writ (a) against Defendant(s) and (b) against Garnishee(s), as lis pendens against real property of the Defendant(s) in the name of the Garnishee(s) as follows: (Attach Description of Property) All personal property belonging to the Defendant being held by the Garnishee. (5) Amount Due: $23,279.07 Interest from 11/1/00 at the per diem rate of $6.35 Plus costs per endorsement hereon ~~ " . , ~ < i_ .'" - ~ ~ ~;, r . ... Certification I certify that (a) This praecipe is based upon a judgment entered by confession, and Dated: (I) / j{ 10 days prior to the filing of this praecipe (b) Notice has been served pursuant to Rule as evidenced by a return of service filed of record, . , ~ . <' ',:' ~ , r""~ I q U I ':c.L -' I" ':" 1\"1 \' I ~ . , . , ,',,.'\' I~,,;T){ '.j,.)~;1 ,I [y-';..\\(\'V\\I':\\"i\ r'C\\H\;011.-~1 \. ,,' I . I I I I '~ ~ ~~ ~~ :1 21 ~ ~ M '~ ,] I ," . ~ ~ ,\ fu , ,~ I I !f!l ~/S.OO ?cL IJ+/y .1 /. t 0 - Co<;f.;s B!):'_ 1i:..S.0ef- - " <( 1'-l.SO - i< <( IS. 00 - /{ ,/ S.C>C> - H <( ~ 0....\ It '1 T. .... '-- , ~SJ.S(., ~ I ( ,( f/ 1-06 Co Cl.'L:::JI /07IV R.:1I //99" ( ~ <.;g~,~ -~ ' ~~ 'r SHERIFF'S RETURN - GARNISHEE \ {" , i, 'I:. \~- CASE NO: 2001-00531 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK [, , VS KAYER & BROWN And now CPL. MICHAEL BARRICK ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:50 Hours, on the 26th day of December, 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT KAYER & BROWN in the hands, possession, or control of the within named Garnishee M & T BANK 1 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to TAMMY SEIBERT (CUSTOMER SERVICE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 ,00 ,00 ,00 .00 So?~~~~! R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ,1M( day Of~"'''"1 :l=j, A,D. n'f" Q.~vo,.. ~ 'Fto honotary , By 00/00/0000 ~_J_ r1illJ ~ = (LfL-~ [hfh:, ~~ -..;;::: " I~ !~~ ._" " "..."", s R, Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months, Sheriff s Costs: Docketing POffi:'dage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Advance Costs: Sheriff s Costs: 150.00 72.67 77 .g3 18.00 1.42 J 1.00 3.25 Refunded to Arty on 7/3/02 20.00 20.00 9.00 72.67 <:> - So Answers; ~~ 1~~~ R,ThomasKline,Sheriff B~~ Qurf'1~~~4f Sworn and Subscribed to before me ij this /1 ~ day of ()- (If . 2002 A.D. gT ,0 )uj/",/# pro onotary /,U\.;J, 'C 51, =" , ~~~c. t\t-.S,\,,> \..1'1, '" \" \t'\'\~ vi " ,',' ~. "i ...\, \) C ' .,'\. \..\\\) \\\ "," ~~() \\\, '\,C , ,.~I\ \\l , \,~ ~.",\ ',\\- 't'\;~'?:.or.s ~,\'\\ .-=-"":::::..1 fb1.:.-: l1!l..,~ l..;~:i. " cii) CA. 3'73S7 oL 1),1310 ~~liI:t!I't:"",.;", ,'0',I,',~,;,,,,,';;~'>i)(,,:,"1~lill.;,hi-)!;;r<...<.~.~~,,,,,,i;,,"0',;i,--';;",t"_'''':'';'~''';''~:''''''~;;'''f~:'"'ii'''.~:I:IlI<iI&~~~!i'OJ}~~~r.ti~,~I~aJ;ii~~~ -'iii WRIT OF EXECUTION and/or A IT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUN1Y OF CUMBERLAND) NO. Ol-53J CIVIL 'W{ TERM CIVIL ACTION - LAW TO THE SHERIFF OF ()1lTlhprl t=lnn COUNTY: To satisfy Ihe debt. interesl and cosls due First Union National Bank PLAINTIFF(S) from Kayer & Brown, 4 LibertyAvenue. Calrisle, PA l7013 DEFENDANT(S) (1) You are directed 10 levy upon the property of the defendant(s) and 10 sell (2) You are also directed to attach the property of the detendant{s) not levied upon in the possession of M&T Bank fjkja Farmers Trust, 1 West High street, Carlsile, PA l7013 All personal property belonging to the Defendant GARNISHEE(S) as follows: and to notny theQafllj~b~.e(s),that: (a) anallachment has been issued; (b) the gamishee(s) is/are enjoined from paying any debIto or for the accOunt of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing Ihereol; (3) If property;oUhedefendant(s) not levied upon an subject toallachment is found inlhElipq~~~s~n of~yoneother tban a named garnisbee, youare,direCledlo notify him/hertha! be/she has'been added as a gamisheeahCI is, enjoined as above stated. ' . Amount Due $23,279.07 Interest fran lljljOO at the per diem rate of $6.35 Ally's Comm % Ally Paid L.L. Due Prolhy Other Costs $1.00 Plainmf Paid $253.56 Dale: "ec€lltlber 19, ?nnJ (]n-f-i!:::: R T .nng Prothonotary, Civil Division f\f by<-- 4~ q P -77;!(Vl/I<'-t..r-- Deputy REQUESTING PAR1Y: _i,~~"~. ,'. , -' - i;lMIi&II~I~I!llllM.!"m,,,"~,,e.2j, ~ "l ,/;,,,,, Asset 2106 FIRST UNION NATIONAL BANK, * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff * vs. * CASE NO, 01-531 KA YER & BROWN . Defendant * . . . . . . . . . . . . . AS~GNMENTOFJUDGMENT This Assignment of Judgment is made as of March 22, 2002 by W ACHOVIA BANK, NATIONAL ASSOCIATION, formerly known as First Union National Bank ("Seller") for good and valuable consideration, in favor of NC VENTURE I, L.P, ("Purchaser") pursuant to a certain Asset Sale Agreement between, inter alia, Seller and Purchaser, dated March II, 2002, which is hereby incorporated by reference ("Agreement"). All capitalized terms used but not defined herein are defined in the Agreement. Seller hereby assigns, transfers and sets over to Purchaser, its successors and assigns, WITHOUT RECOURSE, REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, except and only to the extent otherwise provided in the Agreement, all Seller's right, title and interest in and to the Judgment by Confession entered against Kayer & Brown in favor of First Union National Bank on January 25, 2001 in the Court of Common Pleas for Cumberland County, Pennsylvania, Case No, 01-531. W ACHOVIA BANK, NATIONAL ASSOCIATION, formerly known as First Union Nation WITNESS/A TTEST: '-l ' flt-o t! ~ ame: Anthony J, Gerardo, Jr, Title: Senior Vice President -BALT1:4131596,vl <"",~"b..,',k_'" - ~ " - " - H",,,,,-,,i'\>>",c, . I STATE OF ) I I ) SS: COUNTY OF '-../\ n ~ EJ () ) I HEREBY CERTIFY that on thi~ay of September, 2003 , before me, the undersigned officer, personally appeared Anthony J, Gerardo, Jr" who acknowledged himself to be a Senior Vice President of Wachovia Bank, National Association, and that he, in such capacity, being authorized to do so, executed this Assignment of Judgment for the purposes therein contained, by signing the name of Wachovia Bank, National Association, as a Senior Vice President of Wachovia Bank, National Association, IN WIlNESS WHEREOF, I hereunto set my han Notary Public __ DARLENCHA S Notary Public - New Jersey My Commissi~n Expires March 8. 20119 My Commission expires: -BALTl:4131596,vl , - . vf . - F;LEO--()fF\CE OF TEE FSGn-iONOTAfN 7.uOltOC.l \2 PI; 2: 22 , ~:j \__>Jut'-ITY PEi.1.h.~~)""'~~vt\>N\ ~ I I I I I ,f,j ~ i ~ ~ , ] ;;i '~ -A ~ _-'il . . I ~ -Pet. q S trn 'Y},C 1J~r.,/-,J! Crt- 11,);;1.1 f' /2u--. 10<-:';'" P