HomeMy WebLinkAbout01-1208 FX
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COMMERCE BANK!HARRISBURG,
N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DOCKET NO. Of - {).Of G~J '-r~
v.
BRENT L. CARMAN,
. Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20)
days after this Complaint and Notice are served, by entering a written
appearance personally or by attorney and filing in writing with the Court your
defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed
in the Complaint or for any other claim or relief requested by the PRaintiff(s).
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(71 7) 249-3166
(800) 990-9108
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COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
v.
DOCKET NO.
BRENT L. CARMAN,
Defendant
NOTICIA
LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes, usted tiene
viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted
debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la
corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0
alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDAA UN ABODAGO INMEDIATAMENTA. SI
NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
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COMMERCE BANKJHARRISBURG,
N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DOCKET NO. (')1- J.2D? (!WJ-r~
BRENT L. CARMAN,
Defendant
COMPLAINT
AND NOW, Plaintiff, COMMERCE BANKJHARRISBURG, N.A" through its
counsel, Mette, Evans and Woodside, brings this Complaint before the Court, in
support of which it avers as follows:
1. Plaintiff is Commerce Bank/Harrisburg, N.A. (hereinafter "Commerce
Bank"), a national banking association with an office at 100 Senate Avenue, Camp
Hill, Pennsylvania 17001-8599.
2. Defendant Brent L. Carman is an adult individual who resides at
2195 Ridge View Road, Dallastown, Pennsylvania 17313.
3. On March 31, 1999, 4 NU Marketing, Inc. (hereinafter "NU
Marketing"), upon information and belief a Pennsylvania business corporation with
an office at 1600 Pennsylvania Avenue, Cyber Center, York, Pennsylvania 17404,
executed and delivered to Commerce Bank a promissory note (hereinafter "Note")
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evidencing its obligation to Commerce Bank under a Business Loan Agreement
dated March 31, 1999 (hereinafter "Agreement") pursuant to which NU Marketing
obtained a revolving line of credit from Commerce Bank. True and correct copies
of the Note and the Agreement are attached hereto, respectively, at Exhibits "A"
and "B."
4. Commerce Bank advance the sum of $125,000 to NU Marketing under
the Note.
5. Pursuant to the Note, NU Marketing covenanted and agreed that it
would pay the indebtedness as provided in the Note and that the whole principal
sum and interest would become due at the option of Commerce Bank in the event
that it failed to keep, observe or perform any of the covenants, conditions or
agreements contained therein.
6. Specifically, pursuant to the Note, "[u]pon default, Lender may, after
giving such notices as required by applicable law, declare the entire unpaid
principal balance on this Note and all accrued unpaid interest immediately due,
and then Borrower will pay that amount." (See Exhibit "A" under heading
"Lender's Rights.")
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7. NU Marketing has defaulted in the performance of its obligations
under the Note by failing to pay, inter alia, the monthly installments of principal
and interest due as required under the Note.
8. By notice dated September 28, 2000, Commerce Bank provided NU
Marketing with written notice of its default. A true and correct copy of the written
notice is attached hereto at Exhibit "c" and incorporated herein by reference.
9. NU Marketing has failed and refused to cure its default under the
Note.
10. On the same date as the Note and Agreement (i.e., March 31, 1999),
Defendant Brent L. Carman executed a Commercial Guaranty (hereinafter
"Guaranty") pursuant to which he "absolutely and unconditionally guarantees and
promises to pay to Commerce Bank * * * 100% of the Indebtedness * * * of 4 NU
Marketing, Inc. * * * on the terms and conditions set forth in this Guaranty." A true
and correct copy of the Guaranty is attached hereto at Exhibit "D" and
incorporated herein by reference.
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11. Specifically, pursuant to the Guaranty, "Guarantor intends to
guarantee at all times the performance and prompt payment when due, whether at
maturity or earlier by reason of acceleration or otherwise, of all Indebtedness
within the limits set forth in the preceding section ofthis Guaranty. This Guaranty
covers a revolving line of credit and Guarantor understands and agrees that this
Guarantee shall be open and continuous until the line of credit is terminated and
the Indebtedness is paid in full, as provided below." (See Exhibit "D" under
heading "Nature of Guaranty.")
12. By notice dated December 8, 2000, Commerce Bank provided
Defendant Brent L. Carman with official notice that the Note was in default and
that Commerce Bank, under the terms and conditions of the Guaranty, was
"making a demand upon [him] for repayment of the loan obligation." A true and
correct copy ofthe official notice is attached hereto at Exhibit "E" and incorporated
herein by reference.
13. Commerce Bank advised the Defendant that he had "ten days from
the date of [the notice] to contact [Commerce Bank] to discuss the possible terms of
loan repayment." (See Exhibit "E.")
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14. Defendant Brent L. Carman received notice that the Note was in
default on December 12, 2000. True and correct copies ofthe U.S. Postal Service
Certified Mail Receipt (Article No. 7099 3400 000141278023) and PS Form 3811
evidencing receipt are attached hereto at Exhibit "F."
15. Defendant Brent L. Carman has failed and refused to contact
Commerce Bank "in order to discuss the possible terms of the loan repayment" or
otherwise act in accordance with his duties under the Guaranty by curing the
default ofNU Marketing under the Note.
16. Commerce Bank has called the Note and declares that the unpaid
principal balance, together with accrued interest, attorney's fees and costs as
provided therein to be immediately due and payable by Defendant Brent L.
Carman pursuant to the terms and conditions of the Guaranty.
17. The following amounts are currently due and owing Commerce Bank
on the Note:
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Unpaid Principal Balance
$ 90,152.37
$ 6,698.83
Interest Accrued and Unpaid as
of February 19,2001 ($26.29 per diem)
(To be further calculated at the time
of complete payment or collection)
Late Fees as of February 19, 2001
(To be further calculated at the time
of complete payment or collection)
$ 4,727.90
Attorneys' Fees and costs of suit
To be determined
TOTAL:
$
101,579.10
(As of February 19, 2001)
WHEREFORE, Plaintiff respectfully requests that judgment be entered in its
favor and against Defendant Brent L. Carman in the amount of $101,579.10, plus
interest thereon of $26.29 per diem, plus attorneys' fees, costs and other charges as
provided in the Note and Guaranty, and awarding Commerce Bank such other
relief as is just under the circumstances.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
. Beneventano, Esquire
up. Ct. I.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
Commerce Bank/Harrisburg, N.A.
Date:
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FEB-19-2001 14:14
COMMERCE BANK
717 975 0581 P.03/03
WlUFICA'l'lON
I, David C. Amsden, state that I hold the title of Vice President/Asset Quality
at Commerce Bank/Hanisburg, N.A., the Plaintiff in the above-captioned action,
that I am authorized to make this Verification on its behalf, and that the fa.cts set
forth in the foregoing Complaint are true and correct to the best of my knowledge,
information and belief.
I understand that my statements are made subject to the penalties of
18 Pa.C.S.A. i4904 relating to unsworn faIsification to authorities.
COMMERCE BANK/HARRISBURG, N.A.
0lt.
David C. Amsden
Vice President/Asset Quality
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TOTAL P.03
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PROMISSORY NO~~g
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References in the shaded area are for Lender's use ani
Borrower: 4 NU Marketing, Inc. (T1N: 232915785)
1600 Pennsylvania Avenue
York, PA 17404
Lender: Commerce BanklHarrlsburg, National Association
Main Olllce/Commerclal Cost Center
P.O. Box 8599
100 Senate Avenue
Camp Hili, PA 17001-8599
Principal Amount: $125,000.00 InltlaJ Rate: 10.000% Date of Note: March 31, 1991l.{
PROMISE TO PAY. 4 NU Marketlng, Inc. ("Borrower") promises to pay to Commerce BanklHarrlsburg, Natlonal Association ("'Lender"), or......
order, In lawful money of the United States of America, the principal amount of One Hundred Twenty Five Thousand & 001100 Dollars:r;::
($125,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance 01 each advance. Interest r::::
shall be calculated Irom the date 01 each advance until repayment 01 each advance.
PAYMENT. Borrower will pay this loan on demand, or If no demand Is made, In one payment 01 all out~tandlng principal plus all accrued::::
unpaid Interest on March 31, 2000. In addition, Borrower will PaY regular monthly payments 01 accrued unpaid Interest beginning April 30, _
1999, and all sUbsaquen,t Interest payments are due on the same day of each month after that. The annual interest rate for this Note is computed ~
on a 3551360 basis; thai,s, by applying the rello 01 the annual Inleresl rale over a year 01 360 days, multiplied by the outstanding principal balance i
multiplied by the actual number of day~ the principal balance is ~utstanding. Borro~er will pay Lender at Lender's address shown above or at such' ;s:::
other. p~ace as Lender may.deslgnate In wrlllng: Unless otherwise ~greed or reqUired by applicable law, payments will be apptied first to accrued '"'-
unpaid Interest, then to prinCipal, and any remaining amount to any unpaid collection costs and late charges. \ \
VARIABLE INTEREST RATE, The Inlerest rate on this Nole Is subjeclto change from time 10 time based on changes In an Index which Is the j
"COMMERCE BANKlHARRISBUR~, NATIONAL ASSc;CIATION RETAIL PRIME RATE' (the 'Index"). The Commerce BankIHerrisburg, Natlonal~
AssocJallO~ Retail Pflrne Rate, hereinafter referr~ to as Commerce Bank Prime" shall be that rate which Lender establishes as its Prime Rate, whether q-
or not published. The establishment and publlcallon of Commerce Prime Rate by Lender shall not in any way precJude or limit Lender from lending to -
certain borrowers, from lime 10 lime, at a rale of Inlereslless Ihan the Commerce Bank Prime Rate. The APplicable Rata 01 Inlerest shall change on the ....
date on which any change in the Commerce BanklHarrisburg, Nation~1 Association Retail Prime Rate shall become effective. When said Interest rate ;S
changes on a day other than a payment due date under this Note, Interest shall be calculated on a per diem basis for such month. To the extent \'
parmllied by Pennsylvania law, Inleresl shall be calculated by the method known as tlie "Banke(s Rule" using the actual days the principal balancels
outstanding hereunder divided by 360 days and multiplied by the Ihen applicable rale of Interest described herein; provided, however, thetlo the axtent
such calculalion Is not permilied by Pennsylvania law, inleresl hereunder shall be calculated on Ihe basis of a 365 or 366 day year, as the case may be. ~
lender will tell Borrower Ihe currenllndex rate upon Borrower's request. Borrower understands thel lender may make loans based on othar rales as
well. Thelnleresl rale change will not occur more often than each day. The Index currently Is 8.500% per annum. The Interest rate to be applied ().
to the unpaid principal balance of this Note will be at a rate 011.500 percentage points over the Index, resulting In an Initial rate 0110.000% per "=::
annum. NOTICE: Under no clrcumslances will thelnlerest rale on this Note be morelhan the maximum rate allowed by applicable law, ()'
PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to ~
by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the l.t
principal balance due. ~
LATE CHARGE. If a paymenl is 15 days or more late, Borrower will'ba charged 5.000% of the regularly scheduled payment.
DEFAULT. Borrower will be in default If any of the following happens~: (a) Borrower fr:1ls to make any payment when due. (b) Borrower breaks any
promise Borrower has made to Lender, or Borrower fails to comply With or to perform when due any other term, obligation, covenant, or condition
contained In this Note or any agreement related to this Note, or In any other agreement or loan Borrower has with Lender. (c) Borrower defaults under
any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that
may malerially affect any of Borrower's property or Borrower's ability I~ repay Ihis Nole or partorm Borrower's obligations under this Nole or any 01 the
Related Documents. (d) Any representation or statement made or furn~hed to Lender by Borrower or on Borrower's behalf is false or misleading in any
material respect either now or at the time made or furnished. (e) Bbrrower becomes Insolvent, a receiver is appointed for any part of Borrower's
property, Borrower makes an assignment for the benefit of creditors, qr any proceeding Is commenced either by Borrower or against Borrower under
any bankruptcy or insolvency laws. (f) Any creditor tries to take any qf Borrower's property on or in which Lender has a lien or security interest. This
includes a garnishment of any of Borrower's accounts with Lender. (g~ Any guarantor dies or any of the 'other events described in this default section
occurs with respect to any guarantor of this Note. (h) A material a~verse change occurs in Borrower's financial condition, or Lender believes the
prospect of payment or performance of the Indebtedness Is impairad. (I) Failure to meet the deadlines required In the Year 2000 Compliance
Agreement to be Year 2000 Compliant or a reasonabte likelihood that Bbrrower cannot be Year 2000 Compliant on or before December 31, 1999.
II any default, other than a default in payment, Is curable and if Borrower has not been given a notice of a breach of the same provision of this Note
wllhin Ihe preceding twelve (12) months, II may be cured (and no ev~nl 01 defaull will have occurred) If Borrower, after receiving wrilien nollee from
lender demanding cure of such delaull: (a) cures the delauit within t~n (10) days; or (b) lithe cure requires more than ten (10) days, Immedialely
initiates steps which Lender deems in Lender's soie discretion to be sutficient to cure the default and thereafter continues and completes all reasonable
and necessary steps sufficient to produce compliance as soon as reasonably practical.
lENDER'S RIGHTS. Upon defaull, lender may, after giving such notices as required by applicable law, declare the enitre unpaid prlnclpel balance on
this Nole and all accrued unpaid Interest immediately due, and then Bprrower will pay that amount. Upon delauit, Including failure to pay upon final
maturity, Lender, at its option, may also, If permitted under applicable !Iaw, increase the variable interest rate on this Note to 3.500 percentage points
over the Index. The Interest rate will not exceed the maximum rate pe,mitted by applicable law. Lender may hire or pay someone else to help collect
this Note If Borrower does not pay, Borrower also will pay lender Ihal amount. This Includes, subject 10 any limits under applicable law, lender's
attorneys' fees and Lender's legal expenses whether or not there Is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings
(including efforts to modify or vacale any automatic stay or Injunction), appaals, and any anticlpaled post.judgment collecllon services. If not
prohiblled by applicable law, Borrower also will pay any court cosls, In addition to all other sums provided by law. II judgmenlls entered In conneclion
with this Note, interest will conUnue to accrue on this Note after judgment at the Interest rate applicable to this Note at the time judgment is entered.
This Note has been delivered to lender and accepted by lender In the Commonwealth 01 Pennsylvania. II there Is a lawsuit. Borrower agrees
upon lender's request to submit to the Jurisdiction 01 the courts 01 Cumberland County, the Commonwealth 01 Pennsylvania. Lender and
Borrower hereby waive the right to any jury trial In any action, prOceeding, or counterclaim brought by either Lender or Borrower against the
other. This Note shall be govarned by and construed In accordance with the laws 01 the Commonwealth of Pennsylvania.
DISHONORED ITEM FEE. Borrower will pay a fee 10 lender of $10.00 II Borrower makes a payment on Borrowe(s loan and the check or
preauthorized charge with which Borrower pays is later dishonored.
RIGHT OF SETOFF. Borrower grants to lender a conlractual security interest In, and hereby assigns, conveys, delivers, pledges, and transfers to
Lender all Borrower's right, tide and interest in and to, Borrower's accQunts with Lender (whether checking, savings, or some other account), Including.
without limitation all accounts held jolntty with someone else and all aqcounls Borrower may open in the future, excluding however all IRA and Keogh
accounts, and all trust accounts for which the grant of a security In~erest would be prohibited by law. Borrower authorizes Lender, to the extent
permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts.
COLLATERAL. This Nolels secured by a Mortgage from Grantor to lender daled March 31, 1999 on property known as Lot #24. Fairway Drive, West
Manchester Township, York, Pennsylvania; a 1st lien priority security Interest in all business assets of the Borrower as more fully set forth In the
Commercial Security Agreemenl 01 even date herewith and 10 be perfected by UCC.l Financing Stalemenl; Asslgnmenl of Lile Insurance pledged by
Jerome E. Kubicki; Personal Guaranlees of Jerome E. Kubicki, Stephanie A. Kubicki, Brenl L. Carman, Marty l. Trimmer and Dennis E. Shockley.
liNE OF CREDIT. This Nole evidences a revolving line of credit. Adyances under this NOle may be requesled orally by Borrower or by an authorized
person, lender may, but need not, require that all oral requesls ba confirmed In wrlllng. All communications, Inslrucllons, or direcllons by telephone or
otherwise to Lender are to be directed to Lender's office shown above. ,The following party or parties are authorized to request advances under the line
of credit until Lender receives from Borrower at Lender's address sHown above written notice of revocation of their authority: Jerome E. Kubicki,
Presldentj and Brent L. Carman, Vice President. Borrower agrees tIJ be liable for all sums either: (a) advanced in accordance with the instructions of
an authorized person or (b) credited to any of Borrower's accounts wi~ Lender. The unpaid principal balance owing on this Note at any time may be
evidenced by endorsements on this Note or by Lender's internal repords, including daily computer print-outs. Lencler will have no obligation to
advance funds under Ihls Note If: (8) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any
guarantor has with Lender, including any agreement made in connec~ion with the signing of this Note: (b) Borrower or any guarantor ceases doing
business or is Insolvent; (c) any guarantor seeks, claims or otherwise iattempts 10 limit, modify or revoke such guarantor's guaranlee of this Not9 or any
other loan with Lender; or (d) Borrower has applied funds provided pu~uant to this Note for purposes other than those authorized by Lender.
'lNUAl PAYOUT PERIOD, Borrower shall be required to reduce I~e outstanding principal balance under this line 01 Credit to zero lor a thirty (30)
I
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03-31-1999
Loan No 2805450
PROMISSORY NOTE
(Continued)
Page 2
cons~uUve day period during each year of the Une of Credit.
,
GENERAL PROVISIONS. This NOlels ~ayable on damand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's
right to declais payment of this Note on Its demand. lender may delay or forgo enforcing any of its rights or remedies under this Note without losing
them. Borrower and any other person who signs, guarantees or endorses this Note, 10 the extent allowed by law, waive presentment, demand for
payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who
signs this Nota, whether as makar, guaranlor, accommodation maker or endorser, shall be raleasad from liability. All such parties agree that Lender
may renew or exlend (repealadly and lor any lenglh of time) this loan, or release any party or guarantor or collataral; or Impair, !all to realize upon or
perfect Lender's security interest in the collateral: and take any other action deemed necessary by Lender without the consent of or notice to anyone.
All such parties also agrae thai Lender may modify this loan without the consent of or notice to anyone olher than the party with whom the modification
is made. If sny portion of this Note Is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this
Note.
CONFESSION OF JUDGMENT, BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST
BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS
EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH
AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAfD PRINCIPAL
BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH
JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS
NOTE VERII'IED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT
AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND
AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER
MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR
HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A
REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR
BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRlo.R TO. SfGNINGTHIS No.TE, Bo.RRo.WER READ AND UNDERSTo.o.D ALL THE PRo.VISlo.NS 0.1' THIS NOTE, INCLUDING THE VARIABLE
INTEREST RATE PRo.VISlo.NS. BORROWER AGREES TO. THE TERMS 0.1' THE No.TE AND ACKNo.WLEDGES RECEIPT 0.1' A COMPLETED
Co.PY 0.1' THE No.TE.
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
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By:#j.nE~:fiiMii.\Fi!!F.K~fi!W;if%iHiii (SEAL)
'Srent' L" arman~ 'Vi.ce 'Presl en n.'...n.. .
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........................'...
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( Corporate Seal)
Variable Rala. Una 01 Credit
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BUSINESS LOAN AGREEI\/IcNT
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Borrower: 4 NU Markellng, Inc. (TIN: 232915785)
1600 Pennsylvania Avenue
York, PA 17404
Lender: Commerce Bank/Harrlsburg, National Association
Main Office/Commercial Cost Center
P.O. Box 8599
100 Senate Avenue
Camp Hili, PA 17001-11599
THIS BUSINESS LOAN AGREEMENT between 4 NU Markellng, Inc. ("Borrower") and Commerce BanklHarrisburg, National Association
("Lender") IS made and executed on the following terms and conditions. Borrower has received prior commercial loans from Lender or has
applied to Lender for a com~erclal loan or loans and other financial accommodations, Including those which may be described on any exhibit
or schedule attached to thiS Agreement. All such loans and financial accommodations, together with all future loans and financial
accommodations from Lender to Borrower, are re1erred to 'n this Agreement individually as the "Loan" and conectlvely as the "Loans."
Borrower understands and agrees that: (a) In granting. renewing, or extending any Loan, Lender Is relying upon Borrower's repres,entatlons,
warranties, and agreements, as set forth In this Agreementj (b) the granting, renewing, or extending of any Loan by Lender at all times shall
be sUbjeclto Lender's sole judgment and discrellon; and (c) all such Loans shall be and shall remain subject to the following terms and
conditions of this Agreement.
TERM. This Agreement shall be effective as of March 31, 1999, and shall continue thereafter until all Indebtedness of Borrower to Lender has been
pertormed in full and the parties terminate this Agreement in writing.
DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement
shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall' mean amounts in lawful
money of the United States of America.
Agreement. The word "Agreement" means this Business loan Agreement, as this Business Loan Agreement may be amended or modified from
time to time, together with aU exhibits and schedules attached to this Business Loan Agreement from time to time.
Borrower. The word "Borrower" means 4 NU Marketing, Inc.. The word "Borrower" also includes, as applicable, all subsidiaries and affiliates of
Borrower as provided below in the paragraph titled "Subsidiaries and Affiliates."
CERCLA. The word "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.
Collateral. The word "Collateral" means and includes without limitation all property and assets granted as collateral security for a Loan, whether
real or personal property, whether granted directly or indirectly, whether granted now or in the future, and whether granted in the form of a security
interest, mortgage, deed of trust, assignment, pledge, chattel mortgage, chattel trust, factor's lien, equipment trust, conditional sale, trust receipt,
lien, charge, lien or title retention contract, lease or consignment intended as a security device, or any other security or lien interest whatsoever,
whether created by law, contract, or otherwise.
ERISA. The word "ERISA" means the Employee Retirement Income Security Act of 1974, as amended.
Event of Default. The words "Event of Default" mean and include without limitation any of the Events of Default set forth below in the section titled
"EVENTS OF DEFAULT."
Grantor. The word "Grantor" means and includes without limitation each and all at the persons or entities granting a Security Interest in any
Collateral for the Indebtedness, including without limitation all Borrowers granting such a Security Interest.
Guarantor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties in
connection with any Indebtedness.
Ir'ldebtedness. The word "Indebtedness" means and includes without limitation all Loans, together with all other obligations, debts and liabilities
of Borrower to lender, or anyone or more of them, as well as all claims by Lender against Borrower, or anyone or more of them; whether now or
hereafter existing, VOluntary or involuntary, due or not due, absolute or contingent, liquidated or unliquidated; whether Borrower may be liable
individually or jointly with others; whether Borrower may be obligated as a guarantor, surety, or otherwise; whether recovery upon such
Indebtedness may be or hereafter may become barred by any statute of limitations; and whether such Indebtedness may be or hereafter may
become otherwise unenforceable.
Len.der. The word "Lender" means Commerce BanklHarrisburg, National Association, its successors and assigns.
Loan. The word "Loan" or "Loans" means and includes without limitation any and all commercial loans and financial accommodations from
Lender to Borrower, whether now or hereafter existing, and however evidenced, including without limitation those loans and financial
accommodations described herein or described on any exhibit or schedule attached to this Agreement from time to time.
Note. The word "Note" means and ir'lcludes without limitation Borrower's promissory note or notes, if any, eVidencing Borrower's Loan obligations
in favor of Lender, as well as any substitute, replacement or refinancing note or notes therefor.
permitted Liens. The words "Permitted Liens. mean: (a) liens and security interests securing Indebtedness owed by Borrower to Lender; (b)
liens for taxes, assessments, or similar charges either not yet due or being contested in good faith; (c) liens of materialmen, mechanics,
warehousemen, or carriers, or other like liens arising in the ordinary course of business and securing obligations which are not yet delinquent; (d)
purchase money liens or purchase money security interests upon or in any property acquired or held by Borrower in the ordin~ry course of
business to secure indebtedness outstanding on the date of this Agreement or permitted to be incurred under the paragraph of th'S Agreement
titled "Indebtedness and Liens"; (el liens and security interests which, as of the date of this Agreement, have been disclosed to and approved by
the Lender in writing; and (1) those liens and security interests which in the aggregate constitute an immaterial and insignificant monetary amount
with respect to the net value of Borrower's assets.
Related Documents. The words ~Related Documents" mean and include without limitation all promissory notes. credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Security Agreement. The words "Security Agreement" mean and include without limitation any agreements, promises, covenants, arrangements,
understandings or other agreements, whether created by law, contract, or otherwise, evidencing, governing, representing, or creating a Security
Interest.
security Interest. The words "Security Interest" mean and include without limitation any type of collateral security, whether in the form of a lien,
charge, mortgage, deed of trust, assignment, pledge, chattel mortgage, chattel trust, fact~r's lien, equipment trust, conditional sale, trust receipt,
Ii~n or title retention contract, lease or consignment intended as a security device, or any other security or lien interest whatsoever, whether
created by law, contract, or otherwise.
SARA. The word "SARA" means the Superlund Amendments and Rea!Jlhorization Act of 1986 as now or hereafter amended.
CONDITIONS PRECEDENT TO EACH ADVANCE, Lender's obligation to make the initial Loan Advance and each subsequent Loan Advance under
this Agreement shall be subject to the fulfillment to Lender's satisfaction of all of the conditions set forth in this Agreement and in the Related
Documents.
Loan Documents. Borrower shail provide to Lender in form satisfactory to Lender the following documents for the Loan: (a) the Note, (b)
Security Agreements granting to Lender security interests in the Collateral. (c) Financing Statements perlecting Lender's Security Interests;. (d)
evidence of insurance as required below; and (e) any other documents required under this Agreement or by Lender or Its counsel, Including
without limitation any guaranties described below.
Borrower's Authorization. Borrower shall have provided in form and substance satisfactory to Lender properly certified resolutions, duly
authorizing the execution and deUvery. of this Agreement, the Note and the Related Documents, and such other authorizations and other
documents and instruments as Lender or its counsel, in their sole dlscfietion, may require.
payment of Fees and Expenses. Borrower shall have paid to Lender aU fees, charges, and other expenses which are then due and payable as
specified in this Agreement or any Related Document.
Representations and Warranties. The representations and warranties set forth in this Agreement, in the Related Documents, and in any
document or certificate delivered to Lender under this Agreement are t~ue and correct.
No Event of Default. There shalt not exist at the time of any advance a condition which would constitute an Event of Default under this
Agreement.
REPRJ:SENTATIONS AND WARRANTIES. Borrower represents and wCjlrrants to Lender, as of the date of this Agreement, as of the date of each
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03-31~1999
Loan No 2805450
BUSINESS LOAN AGREEMENT
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disbursement of Loan- proceeds, as of the date of any renewSJ, extension or ~ification of any Loan, and at all times any Indebted~ess exists:
Organlzatl~n. Bo~rowe~ is a ~rporation .which is duly ?rg~~jzed. validly existing, and in good standing under the laws of the Commonwealth of
Pennsylvania an~ IS valldl~ eXisting and In good standIng In all states in which Borrower is doing business. Borrower has the full power and
8uthonty .t? own Its pr~rtl9s and .to trans.a~t the busjnes~es . in which it i~ pre~ently en~aged or presently proposes to engage. Borrower also is
duly qualified as a foreign corporation and IS In good standing In all states In which the failure to so qualify would have a material adverse effect on
its businesses or financial condition.
AU~horlzatlon. The execution, delivery, and performance of. this Agreement and all Related. Documents by Borrower, to the extent to be executed,
delivered or performed by Borrowe~, have been duly authorized by all necessary action by Borrower; do not require the consent or approval of
any ~~er pe,rson, .regulato.ry authority or governme~tal body; and do not conflict with, result in a violation of, or constitute a default under (a) any
provIsIon of its articles of Incorporation or organization, or bylaws, or any agreement or other instrument binding upon Borrower or (b) any law
governmental regulation, court decree, or order applicable to Borrower. '
Financial Information. Each financial statement of Borrower supplied to Lender truly and completely disclosed Borrower's financial condition as
of the d~te o! the statement, an? there has been no material adverse change in Borrower's financial condition subsequent to the date of the most
recent financial statement supplied to Lender. Borrower has no material contingent obligations except as disclosed in such financial statements.
Legal Effect. This Agreement constitutes, and any instrument or agreement required hereunder to be given by Borrower when delivered will
constitute, legal, valid and binding obligations ~f Borrower enforceable against Borrower in accordance with their respective terms.
Properties. Except as contemplated by this Agreement or as previously disclosed in Borrower's financial statements or in writing to Lender and as
accepted by Lender, and except for property tax liens for taxes not presently due and payable, Borrower owns and has good title to an of
Borrower's properties free and clear of all Security Interests, and has not executed any security documents or financing statements relating to such
properties. All of Borrower's properties are titled in Borrower's legal name, and Borrower has not used, or filed a financing statement under, any
other name for at least the last five (5) years.
Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this
Agreement, shall have the same meanings as set forth in the "CERCLA," "SARA," the Hazardous Materials Transportation Act, 49 U.S.C. Section
1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or Federal laws, rules, or
regulations adopted pursuant to any of the foregoing. Except as disclosed to and acknowledged by Lender in writing, Borrower represents and
warrants that: (a) During the period of Borrower's ownership of the properties, there has been no use, generation, manufacture, storage,
treatm~nt, disposal, release or threatened release of any hazardous waste or substance by any person on, under, about or from any of the
propert'es. (b) Borrower has no knowledge of, or reason to believe that there has been (i) any use, generation, manufacture, storage, treatment,
disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the properties by any prior owners or
occupants of any of the properties, or (ii) any actual or threatened litigation or claims of any kind by any person reiating to such matters. (c)
Neither Borrower nor any tenant, contractor, agent or other authorized user of any of the properties shall use, generate, manufacture, store, treat.
dispose of, or release any hazardous waste or substance on, under, about or from any of the properties; and any such activity shall be conducted
in compliance with all applicable federal, state, and local laws, regulations, and ordinances, including without limitation those laws, regulations and
ordinances described above. Borrower authorizes Lender and its agents to enter upon the properties to make such inspections and tests as
Lender may deem appropriate to determine compliance of the properties with this section of the Agreement. Any inspections or tests made by
Lender shall be at Borrower's expense and for Lender's purposes only and shall not be construed to create any responsibility or liability on the part
of Lender to Borrower or to any other person. The representations and warranties contained herein are based on Borrower's due diligence in
investigating the properties for hazardous waste and hazardous substances. Borrower hereby (a) releases and waives any future claims against
Lender for indemnity or contribution in the event Borrower becomes liable for cleanup or other costs under any such laws, and (b) agrees to
indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penatties, and expenses which Lender may directly or
indirectly sustain or suffer resulting from a breach of this section of the Agreement or as a consequence of any use, generation, manufacture,
storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the
Agreement, including the obligation to indemnify, shall survive the payment of the Indebtedness and the termination or expiration of this
Agreement and shall not be affected by Lender's acquisition of any interest in any of the properties, whether by foreclosure or otherwise.
Litigation and Claims. No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against
Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower's financial condition or
properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.
Taxes. To the best of Borrower's knowledge, all tax retums and reports of Borrower that are or were required to be filed, have been filed, and all
taxes, assessments and other governmental charges have been paid in full, except those presently being or to be contested by Borrower in good
faith in the ordinary course of business and for which adequate reserves have been provided.
Lien Priority. Unless otherwise previously disclosed to Lender in writing, Borrower has not entered into or granted any Security Agreements, or
permitted the tiling or attachment of any Security Interests on or affecting any of the Collateral directly or Indirectly securing repayment of
Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such
Collateral.
Binding Effect. This Agreement. the Note, all Security Agreements directiy or indirectly securing repayment of Borrower's Loan and Note and all
of the Related Documents are binding upon Borrower as well as upon Borrower's successors, representatives and assigns, and are legally
enforceable in accordance with their respective terms.
Commercial Purposes. Borrower intends to use the Loan proceeds solely for business or commercial related purposes.
Employee Benefit Plans. Each employee benem plan as to which Borrower may have any iiability compiies in all material respects with. all
applicable requirements of law and regulations, and (I) no Reportable Event nor Prohibfted Transaction (es defined in ERISA) has occurred w,th
respect to any such plan, (ii) Borrower has not withdrawn from any such plan or initiated steps to do so, (iii) no steps have been taken to
terminate any such plan, and (iv) there are no unfunded liabilities other than those previousiy disclosed to Lender In writing.
Location of Borrower's Offices and Records. Borrower's place of business, or Borrower's Chief executive office, if Borrower has more than one
place of business, is located at 1600 Pennsylvarlia Avenue, York, PA 17404. Unless Borrower has designated otherwise in writing this location is
also the office. or offices where Borrower keeps its records concerning the Collateral.
Information. All information heretofore or contemporaneously herewith furnished by Borrower to Lender for the purposes of or in connection with
this Agreement or any transaction contemplated hereby is, and all information hereafter furnished by or on behalf of Borrower to Lender will be,
true and accurate in every material respect on the date as of which such information is dated or certified; and none of such information is or will be
incomplete by omitting to stete any material fact necessary to make such information not misleading,
Survival of Representations and Warranties. Borrower understands and agrees that Lender, without independent investigat~on, is relying upon
the above representations and warranties in extending Loan Advances to Borrower. Borrower further agrees that the foregOing representations
and warranties shall be continuing in nature and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in
full, or until this Agreement shall be terminated in the manner provided above, whichever is the last to occur.
AFFIRMATIVE COVENANTS. Borrower covenants and agrees with Lender that, while this Agreement is in effect, Borrower will:
litigation. Promptly inform Lender in writing of (a) all material adverse changes in Borrower's financial condition, and (b) all existi~g and all
threatened litigation, claims, investigations, administrative proceedings or similar actions affecting Borrower or any Guarantor whlCh could
materially affect the financial condition of Borrower or the financial condition of any Guarantor.
Financial Records. Maintain its books and records in accordance with generally accepted accounting principles, applied on a consistent basis,
and permit Lender to examine and audit Borrower's books and records at all reasonable timas.
Financial Statements. Furnish lender with, as soon as available, but in no event later than ninety (90) days after the end of each fis~al y~ar,
Borrower's balance sheet and income statement for the year ended, reviewed by a certified public accountant satisfactory to Lender. All finanCial
reports required to be provided under this Agreement shall be prepared in accordance with generally accepted accounting principles, applied on
a consistent basis, and certified by Borrower as being true and correct.
Additional Information. Furnish such additional information and statements, lists of assets and liabilities, agings of receivables and payables,
inventory schedules, budgets, forecasts, tax returns, and other reports with respect to Borrower's financial condition and business operations as
Lender may request 1rom time to time.
Insurance. Maintain fire and other risk insurance, public liability insurance, and such other insurance as Lender may require with respect to
Burrower's properties and operations, in form, amounts, coverages and with insurance companies reasonably acceptable to Lender. B:orrow~r,
..'. upor},request of lender, will deliver to Lender from time to time the policies or certificates of insurance i,n form ~atlsfactory to Lender,.lncludlng
stipulations that coverages will not, be cancelled or diminished without at least thirty (30) days' prior wrrtlen notlce to Lender. E~cli InSurance
policy also shall include an endorC\~;~},nt provi~ing tryat covera~e in favo~ of Lender ~i11 n~r$".i~mpaired in any ~ay by any act, o'!lis~lon or default
Of Borrower or any other personr ~'.] connection with all poliCIes povenng assets In' whit:: ,,5~nder holds or IS offered a secUrity Interest for the
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03-31-1999
Loan t{o 2805450
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BUSINESS LOAN AGREE'~;;"..IT
(Continued)
Page 3
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loans, Borrower wm provide ~ender with such loss payable or other endorsements as Lender may require.
Insurance Reports. Fumish to Lender, upon request of Lende" reports on each exisling insurance poiicy showing such infannalion as Lender
may reasonably request, Including without limitation the fallowing: (a) the name of the Insurer; (b) the risks Insured; (c) the amount of the policy;
(d) the properties insured; (e) the then current property values on the basis of which insurance has been obtained, and the manner of
detennining those vaiues; and (Q the expiration date of the policy. In addlllan, upon request of Lender (however not more often than annually),
Borrower will have an independent appraiser satisfactory to Lender determine, as applicable, the actual cash value or replacement cost of any
Collateral. The casl of such appraisal shall be paid by Borrower.
Guaranties. Prior to disbursement of ~ny Loan proceeds, fumish executed guaranties of the loans in favor of Lender, executed by the ,guarantors
named below, on lender's forms, and In the amounts and under the conditions spelled out in those guaranties.
Guarantors Amounts
Jerome E. Kubicki 100.000% of $125,000.00
Stephanie A. Kubicki 100.000% of $125,000.00
Brent L. Carman 100.000% of $125,000.00
Marty L Trimmer 100.000% of $125,000.00
Dennis E. Shockley 100.000% of $125,000.00
Other Agreements. Comply with all terms and conditions of all other agreements, whether now or hereafter existing, between Borrower and any
other party and notify lender immediately in writing of any default in connection with any other such agreements.
Loan Proceeds. Use aU loan proceeds solely for Borrower's business operations, unless specifically consented to the contrary by lender in
writing.
Taxes, Charges and Liens. Pay and discharge when due all of Its indebtedness and obligations, including without limitation all assessments,
taXes, govemmental charges, levies and liens, of every kind and nature, impoaed upon Borrower or its properties, Income. or profits, prior to the
oate an which penalties would attach. and all lawful claims that, If unpaid, might become a lien or charge upon any of Borrowefs properties,
income, or profits. Provided however, Borrower w"1 not be required to pay and discharge any such assessment, tax, cha~ge, \evy, lien or claim so
long as (a) the legality of the same shall be contested in good faith by appropriate proceedings. and (b) Borrower shall have established on Its
bOOks adequate reserves with respect to such contested assessment, tax, charge, tevy, lien, or cla!m in accordance with generally accepted
accounting practices. Borrower, upon demand of lender, will furnish to lender evidence of payment of the assessments, taxes, charges, levies,
liens and claims and will authorize the appropriate governmental official to deliver to Lender at any time a written statement of any assessments,
taxes, charges, levies, liens and claims against Borrower's properties, income, or profits.
Performance. Perform and comply with all terms, conditions, and provisions set forth in this Agreement and in the Related Documents in a timely
manner, and prompijy notify Lender ff Borrower leams of the occurrence of any event which constitutes an Event of Default under this Agreement
or under any of the Related Documents.
Operations. Maintain executive and management personnel with substantially the same qualifications and experience as the present executive
and management personnel; provide written notice to Lender of any change in executive and management personnel; conduct its business affairs
in a reasonable and prudent manner and in compliance with all applicable federat, state and municipal laws, ordinances, rules and regulations
respecting its properties, charters, businesses and operations, including without limitation, compliance with the Americans With Disabilities Act and
with all minimum funding standards and other requirements of ERISA and other laws applicable to Borrower's employee benefit plans.
Inspection. Permit employees or agents of lender at any reasonable time to inspect any and aU Collateral for the loan or Loans and Borrower's
other properties and to examine or audit Borrower's books, accounts, and records and to make copies and memoranda of Borrower's books,
accounts, and records. If Borrower now or at any time hereafter maintains any records (including without limitation computer generated records
and computer software programs for the generation of such records) in the possession of a third party, Borrower, upon request of lender, shall
notify such party to permit Lender free access to such records at all reasonable times and to provide lender with copies of any records it may
r@quest, all at Borrower's expense.
Compliance Certificate. Unless waived in writing by lender, provide Lender at least annually and at the time of each disbursement of loan
proceeds with a certificate executed by Borrower's chief financial officer, or other officer or person acceptable to Lender, certifying that the
representations and warranties set forth in this Agreement are true and correct as of the date of the certificate and further certifying that, as of the
date of the certificate, no Event of Default exists under this Agreement.
Environmental Compliance and Reports. Borrower shall comply in all respects with all environmental protection federal, state and local laws,
statutes, regulations and ordinances; not cause or permit to exist, as a result of an intentional or unintentional action or omission on its part or on
the part of any third party, on property owned andlor occupied by Borrower, any environmental activity where damage may result to the
environment, unless such environmental activity is pursuant to and in compliance with the conditions of a permit issued by the appropriate federal,
state or iocal governmentel authorities; shall fumlsh to Lender promptly and In any event within thirty (30) days after receipt thereof a copy of any
notice, summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any Intentional
or unintentional action or omission on Borrower's part in connection with any environmental activity whether or not there is damage to the
environment and/or other natural resources,
Additional Assurances. Make, execute and deliver to lender such promissory notes, mortgages, deeds of trust, security agreements, financing
statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence and secure the loans
and to perfect all Security Interests.
RECOVERY OF ADDiTIONAL COSTS. If the Imposllion of or any change In any law, rule, regulation or guideline, or the Interpretation or application of
any th13reof by any court or administrative or governmental authority (including any request or policy not having the force of law) shall impose, modify or
make applicable any taxes (except U.S. federal, state or local income or f,anchise taxes Imposed on Lender), reserve requiremenis, capital adequacy
requirements or other obligations which would (a) increase the cost to Lender for extending or maintaining the credit facilities to which this Agreement
relates. (b) reduce the amounts payable to Lender under this Agreement or the Related Documents, or (c) reduce the rate of return an Lender's capital
as a consequence of lender's obligations with respect to the credit facilities to which this Agreement relates, then Borrower agrees to pay Lender such
additional amounts as will compensate Lender therefor, within five (5) days after Lender's written demand for such payment, which demand shall be
accompanied by an explanation of such imposition or charge and a calculation in reasonable detail of the additional amounts payable by Borrower,
which explanation and calculations shall be conclusive in the absence of manifest error.
NEGATIVE COVENANTS. Borrower covenants and agrees with Lender that while this Agreement Is In effect, Borrower shall not, without the prior
written consent of lender:
indebtedness and Liens. (a) Except for trade debt incurred in the normal course of business and indebtedness to Lender contemplated by this
Agreement, create, incur or assume indebtedness far borrowed money, including capital leases, (b) except as allowed as a Pennitted Lien, seil,
transfer, mortgage, assign, pledge, lease, grant a security interest in, or encumber any of Borrower's assets, or (c) sell with recourse any ot
Borrower's accounts, except to lender.
continuity of Operations. (a) Engage in any business activities substantially different than those in which Borrower is presenijy engaged. (b)
cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer
or sell Collateral out of the ordinary course of business, (c) pay any dividends on Borrower'. stock (other than dividends payable in its stack),
provided, however that notwithstanding the foregoing, but only so long,as no Event of Default has occurred and is continuing or would result from
the payment of dividends, if Borrower is a "Subchapter S CorporationH (as defined in the Internal Revenue Code of 1986, as amende?), Borrower
may pay cash dividends on Its stock to its shareholders from time to time In amounts necessary to enebie the shareholders to pay ,ncome taxes
and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders
of a Subchapter 5 Corporation because of their ownership ot shares of stock of Borrower. or (d) purchase or re~re any of Borrowe(s outstanding
shares or alter or amend Borrower's capital structure.
lQans, Acquisitions and Guaranties. (a) loan, invest in or advance money or assets, (b) purchase, cre~te or acquire any Interest in any other
enterprise or entity, or (c) incur any obligation as surety or guarantor other than in the ordinary course of bUSiness.
CESSATiON OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other
agreement, Lender shall have no obligation to make loan Advances or to djsburse loan proceeds if: (8) Borrower or any G~arantor is in default under
the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has With lender; (b) ~rrower or
any Guarantor becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (c) there ~curs a matenal adverse
change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value of any Collateral securing any Loan; or (d) any
Guarantor seeks, claims or otherwise attempts to limit, modify or revoke such Guarantor's guaranty of the loan or any other loan with lender.
ANNUAL PAYOUT PERIOD. Borrower shall be required to reduce the outstanding principal balance under this Line of Credll to zero for a thirty (30)
consecutive day period during each year of the Une of Credit.
COMMITMENT LETTER COMPLIANCE. This loan is contingent upon Bj'rrawer's compliance with ail of the terms and conditions contained in the
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03-31-1999
Loan No 2805450
BUSINESS LOAN AGREEMENT
(Continued)
Page 4
commitme!1t letter issued ~ L~nd~r to Borrower on or about Mar~h 30, 19~9. Upon breach of any term or condition c~ntained therein, Lender shall
have the nght to declafe thiS loan In default and demand payment Ih full of the principal balance remaining unpaid, together with all interest which shall
have accrued thereon.
POST CLOSING COMPLIANCE. Borrow.r agr..s to.xecut.. r....xecut.. caus. any Guarantor(s) or other third par\y(ies) involved in the loan
tr~sac~lon to ex~ute ~ndlor re-execut? and to .dellver to Lender or Its legal counsel, as may be deemed appropriate, any document or instrument
s~gned In con~ectlon WIth ~e Loan which was In~orrecUy drafted, andlor signed, as well as any document or instrument which should have been
sl~n~ at or prior to the closln~ of the Loan, but which was not so ~lgned and delivered. Borrower agrees to comply with any written request by Lender
wIthin. ten (10) days after receipt by Borrower of such request. Failure by Borrower to so comply shall, at the option of Lender, upon notice to Borrower,
constitute an event of default under the Loan.
PUBLICITY. The Lender, a~ its option, may a.nnounce and publicl~e the source of the financing granted hereunder, by means and media selected by
the L.nd.r. . Th. L~~dar. at ,ts opt!on. may d.hv.r.to any prop.rty(l.s1 pledged as security for the r.paym.nt ot the loan signs for display indicating that
the Lender IS pr~vldtng ~e, flOancln~ for the premises. If su~h sign IS pro,vld~ by the Lender, Borrower agrees to cause the sign to be displayed in
such place by sUitably affiXing the sign to a structure on the site, and to maIntain the display of such sign for the duration of the Loan.
LEASES. AlII.ases pu~uant to which Borrow.r shallleas~ to third parti.s portions of any prop.rty(i.s} pledged as security for the r.paym.nt of this
loan shall be subject to pnor written approval by the Lender (I) as to form and content and (ii) as to the identity and financial condition of leases.
RE-APPRAJSA~S. In the event that ?uring the te,":! of this loa~ or any extension thereof, Lender shall deem it necessary to obtain a current appraisal
of any property(IBS) pledged as secunty for the repayment of thiS loan, Lender shall engage the services of an appraiser acceptable to it and Borrower
agrees to pay the fee charged by such appraiser in providing the current appraisal.
FEDERAL TAX IOENTIFICATlON NUMBER. Borrow.r shall provide L.nd.r with Borrow.r's Fed.ral .mpioy.r's Id.ntitication numb.r.
RIGHT OF SETOFF. Borrower grants to lender a contractual security interest in, and hereby assigns conveys delivers pledges and transfers to
L~nder ~1I ~o~rower's right, title an~ j,nteres~ in and to, Borrower's accounts with Lender (whether checking, savings: or som~ other ac~ount), including
WithOUt limitatIon all accounts held JOintly With someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh
accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the extent
permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts.
EVENTS OF DEFAUL 1~ Each of the following shall constitute an Event of Default under this Agreement:
Default on tndeb\edness. Fa"ure of Borrower to make any payment when due on the Loans.
Other Defaults. Failure of Borrower or any Grantor to comply with or to perform when due any other term, obligation, covenant or condition
contained in this Agreement or in any of the Related Documents, or failure of Borrower to comply with or to perform any other term, obligation,
covenant or condition contained in any other agreement between Lender and Borrower.
Default In Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or
sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or
Borrower's or any Grantor's ability to repay the Loans or perform their respective obligations under this Agreement or any of the Related
Documents.
False Statements. Any warranty, representation or statement made or furnished to lender by or on behalf of Borrower or any Grantor under this
Agreement or the Related Documents is false or misleading in any material respect at the time made or furnished, or becomes false or misleading
at any time thereafter.
Detecllve CollatoraHzallon. This Agr..m.nt or any of the R.lated Docum.nts c.as.s to b. in tuli fore. and .ffect (including failur. of any
Security Agreement to create a valid and perfected Security Interest) at any time and for any reason.
Insolvency. The dissolution or termination of Borrower's existencBj as a going business, the insolvency of Borrower, the appointment of a receiver
for any part of Borrower's property, any assignment for the ben~fit of creditors, any type of creditor workout, or the commencement of any
proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture ProceedIngs. Commencement of foreGlosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower, any creditor of any Grantor against any collateral securing the Indebtedness, or by
any gov.rnmentai ag.ncy. This includ.s a garnishm.nt, attachm.nt. or I.vy on or of any of Borrow.r's d.posit accounts with L.nd.r. How.v.r.
this Event of DefalJlt shall not apply If there is a good faith dispute by Borrower or Grantor, as the case may be, as to the validity or reasonableness
of the claim which is the basis of the creditor or forfeiture proceooing, and if Borrower or Grantor gives Lander written notice of the creditor or
forfeiture proceeding and furnishes reserves or a surety bond for the creditor or fl)rfeiture proceeding satisfactory to Lender.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at its option, may, but
shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory
to Lender, and, In doing so, cure the Event of Default.
Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of the Indebtedness is impaired.
Year 2000 Compllanc. Fallur.. Failur. to m..t the deadlin.s r"'luired in the Y.ar 2000 Complianc. Agr..m.nt to b. Y.ar 2000 Compliant or a
reasonabl. lik.lihood that Borrow.r cannot b. Y.ar 2000 Complianl on or b.for. Oec.mb.r 31. 1999.
Right to Cur.. If any d.fault. oth.r th.n a O.lauit on Ind.btedness. is curabl. and if Borrow.r or Grantor. as the cas. may b., has not b..n
giv.n a notic. of a similar default within th. preceding twelv. (12) months. iI may b. cured (and no Ev.nt of D.faull will have occurred) if Borrow.r
or Grantor. as the cas. may b., aft.r rec.iving written notic. from L.nd.r d.manding cur. of such d.lauit: (a) cur.s the d.fault within t.n (10)
days; or (b) if the cure requires more than te,n (10) days, imm~iately initiates steps which Lender deems in Lender's sole discretion to be
sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon
as reasonably practical.
EFFECT OF AN EVENT OF DEFAULT. If any Ev.nt of O.fault s~all occur. .xc.pt wh.r. oth.rwis. provided in this Agr..m.nt or the R.lat.d
Documents, all commitments and obligations of Lender under this Agteement or the Related Documents: or any other ag~eament immediately will
terminate (including any obligation to make Loan Advances or disbursert1ents), and, at Lender's option, all Indebtedness imm~iately will become due
and payable, all without notice of any kind to Borrower, except that in the case of an Event of Default :of the type d~scribed. in the: "Insolvency"
subsection above, such acceleration shall be automatic and not option.1. In addition, Lender shall have aU the rights arid remedies prqvided in the
Related Documents or available at law, in equity, or othelWise. Except ~s may be prohibited by applicable law, all of Lender's tights and remedies shall
be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall hot exclude pursuit'of any other
remedy, and an election to make expenditures or to take action to perfollm an obligation of Borrower or of any Grantor shall not affect Lender's right to
declare a default and to exercise its rights and remedies.
MISCELLANEOUS PROVISIONS. Th. 101l0wing misc.llaneous provisions are a part of this Agr..m.nt:
Amendments. This Agreement, together with any Related DocumEllnts, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the
party or parties SOUght to be charged or bound by the alteration or amendment.
Applicable Law. ihis Agreement has ~n delivered to Lender and accept~ by Lender In the Commo~wealth of Pennsylvania. If there is
a lawsuit, Borrower agrees upon lender's request to submit tp the jurlspl~lon of the courts of Cum~erland County, the Commonwealth
of Pennsylvania. Lender and Borrower hereby waive the rig~t to any jury trial in any action" proc~ing, or cbunt~rclaim brought by
either Lender or Borrower against the other. This Agreement shall be governed by and construed In accordance With the laws of the
Commonwealth of Pennsylvania.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the
prOVisions of this Agreement.
Mulllpl. Parties' Corporat. Authority. All obilgations of Borrow.r und.r this Agreem.nt shall b. joint and s.v.rai, and all r.f.r.nc.s to Borrow.r
shall mean each 'and every Borrower. This means that each of the persons signing below is responsible for all obligations in this Agreement.
Consent to Loan Participation. Borrower agrees and consents to Lender's sale or transfer, whether now or later r of one or more participation
interests in the Loans to one or more purchasers, whether related or unrelated to Lender, Lender may provide, without any limitation whatsoever,
to anyone or more purchasers, or potential purchasers, any information or knowledge Lender may have about Borrower or about any other matter
relating to the loan, and Borrower, t,qreby waives any rights to privacy it may have with re~~\9t to such matters. Borrower additionally waives any
and all notices of sale of particilX~~:iiinterests, as well as all notices of any repurchase (:(?if~h participation Int~re5ts. Borrower al.so agrees that
tho f\l]r('h<=\<::pr~ ()f f\f\'-' <::1'rh n~rti( ~.dti()n interests will hA considered RS the sbsolute owne,J of such Interests In the Loans and WIll have all the
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Q:j-31-1999
Loan fila 2805450
~l
BUSINESS LOAN AGRE~lNT
(Continued)
Page 5
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rights granted under, the parti~ipation agreement or agreements governing the sale of such participation interests. Borrower fc.1l1her waives all
rights of offset or counterclaim that it may have now or later ~gainst Lender or against any purchaser of such a participation interest and
unconditionally agrees that either Lender or such purchaser may enforce Borrower's obligation under the Loans irrespective of the failure or
insolvency of any holder of any interest in the Loans. Borrower further agrees that the purchaser of any such participation interests may enforce Rs
interests irrespective of any personal claims or defenses that Borrower may have against Lender.
Costs and Expenses. Borrower agrees to pay upon demand all of Lender's expenses, including without limitation attorneys' fees, incurred in
connection with the preparation, execution, enforcement, modification and collection of this Agreement or in connection with the Loans made
pursuant to this Agreement. Lender may pay someone else to help collect the Loans and to enforce this Agreement, and Borrower will pay that
amount. This includes, subject to any limits under applicable law, Lender's attomeys' fees and Lender's legal expenses, whether or not there is a
lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and
any anticipated posHudgment collection services. Borrower also will pay any court costs. in addition to all other sums provided by law.
Nollces. All notices required to be given under this Agreement shail be given in writing, may be sent by Ie/efacslmiie (unless otherwise required
by law), and shail be effective when actuaily delivered or when deposlled with a nationaily recognized ovemlght courier or deposlled In the Unlled
States maii, first ciass, postage prepaid, addressed to the party 10 whom the notice is to be given at the address shown above. Any party may
change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is
to change the party's address. To the extent permitted by applicable law, if there is more than one Borrower, notice to any Borrower will constitute
notice to all Borrowers. For notice purposes, Borrower will keep Lender infonned at all times of Borrower~s current address(es).
Severability. It a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or
circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such
offending provision shail be deemed 10 be modified 10 be within the Iimlls of enforceability or validity; however, if the offending provision cannol be
so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
Subsidiaries and Affiliates of Borrower. To the extent the context of any provisions of this Agreement makes it app~priate, including without
limitation any representation, warranty or covenant, the word "Borrower" as used herein shall include all subsidiaries and affiliates of Borrower.
Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any Loan or other
financial accommodation to any subsidiary or affiliate of Borrower.
Successors and Assigns. All covenants and agreements contained by or on behalf of' Borrower shail ~ind its successors and assigns and shall
inure to the benefit of Lender, its successors and assigns. Borrower shall not, however, have the right to assign its rights under this Agreement or
any interest therein, without the prior written consent of Lender.
Survival. All warranties, representations, and covenants made by Borrower in this Agreement qr in any certificate or other instrument delivered by
Borrower to Lender under this Agreemenl shail be considered to have been relied upon by Lender and will survive the making of the Loan and
delivery to Lender of the Retated Documents. regardless of any Invesligatlon made by Lender or on Lende(s behalf.
Time Is of the Essence. Time is of the essence in the perlormance of this Agreement.
Waiver. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by
Lender. No delay or omission on the part of Lender In exercising any right shail operate as a waiver of such right or any other right. A waiver by
Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or
between Lender and any Grantor, shall constitute a waiver of any of Lender's rights or of any obligations of Borrower or of any Grantor as to any
future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance
shall not constitute continuing consent in subsequent instances where such consent is required, and in all cases such consent may be granted or
withheld in the sole discretion of Lender.
BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS BUSINESS LOAN AGREEMENT, AND BORROWER AGREES TO
ITS TERMS. THIS AGREEMENT IS DATED AS OF MARCH 31, 1999,
THIS AGREEMENT HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED,
BORROWER:
4 NU Marketing, Inc.
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By: iMi . " .........i.'f/iJC;;i:i"..J~~~dtM.;:}':;,.t}:mMi i@ (SEAL)
J . iiiid~. Kubicki, resldenl
ATTES~'
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.........secre.ta.ry:.o sslsta"t Secretary
BY:~!ff,!!::t":.I;;)fiEf~li!ar#\;m ':;. W~t (SEAL)
( Corporate Seal )
LASER pflO, Reo. u.s. Pal. & T. . Oft., r. 3.26a (c) 1999 GFt ProSsrvices, Inc. All rights reserved. [PA-c40 F3.26034NU9.LN C21.0VLI
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_iBankoA
September 28, 2000
4 NU Marketing, Inc.
Account No. 280540
4 NU Markf':ing, Inc.
140 Roosevelt Ave., Suite 209
York, PA 17'404
Dear Sirs,
This loan is past due for payments for July 30, 2000, August 30, 2000. You were sent
timely notice of these payments.
The bank is hereby demanding payment in full on this loan by 3:00 p.m. on October 10,
2000. This is your final notice.
Through September 27, 2000, the indebtedness that you owe the bank is $92,382.08
plus any attorneys' fees and other costs of collection. Such $92,832.08 is computed as
follows:
Principal through 9/27/00
Interest thruugh 9/27/00
Late fees th:ough 9/27/00
Total
$90,152.37
2,591.89
87.82
$92,832.08
Interest cOl1tinues to accrue currently on such indebtedness on a per annum basis at
Commerce Bank/Harrisburg, NA Prime Rate plus one and one-half percent per annum,
on a f1oatin9 basis. Currently this equals eleven and one-half (11.50%) percent. The
current per diem accrual is $28.80. Any attorneys' fees and collection costs will also
accrue.
Commerce Bank, N.A
p,o, Box 8599
100 Senate Avenue
Camp Hill, Pennsylvania 17001.8599
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You should contact me in person or by telephone at (717) 975-5630 to determine the
exact payoff amount. If the indebtedness that you owe the bank is not paid in full on or
before October 10, 2000 we will instruct our attorneys to proceed immediately against
you and your property in order to collect the indebtedness. Such action will include
among other things the entry of judgment by confession against you.
Very truly yours,
Q(.m"oo
Vice President/Asset Quality
DCA
cc: G. Beneventano, Esq.
Jerome Kubicki
Stephanie Kubicki
Dennis Shockley
Marty Trimmer
Brent Carman
Roger Guttridge
Via Regular U.S. Mail
Via Certified Mail, return receipt requested
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· COMMERCIAL GUARAIv
Borrower: 4 NU Marketing, Inc. (TIN: 232915785)
1600 Pennsylvania Avenue
York, PA 17404
and dO not limit the e Iicablllty of this document to any
Lender: Commerce BanklHarrlsburg, National Association
Main Office/Commercial Cost Center
P.O. Box 8599
100 Senste Avenue
Camp Hili, PA 17001-8599
Guarantor: Brent L Carmsn
2195 Ridge View Rosd
Dallastown, PA 17313
AMOUNT OF GUARANTY. This Is s guaranty of payment of 100.000% of the Note, Including without limitation the principal Nole amount of One
Hundred Twenty Five Thousand.. 00/100 Dollars ($125,000.00).
GUARANTY. For good and valuable consIderation. Brent L. Carman ("Guarantor'") Ibsolutely and unconditionally guarantees 8nd promises to
pay 10 Commerce BanklHarrlsburg, National Association ('Lender') or Its order on demand In legal tender of the United States of America
100.000% of the Indebtedness (as that term Is defined below) of 4 NU Marketing, 'Inc. ("BOrro';'er') to Lender on the terms and condltlona aet'
forth In this Guaranty. Guarantor agrees thai Lender, In Ila sole discretion, may determine which portion of Borrower's Indebtedness to
Lender Is covered by Guarantor's percentage guaranty.
DEFINITIONS. The following words shall have the following meanings when used in this Guarenty:
Borrower. The ward "Borrower" means 4 NU Marketing, Inc..
Guarantor. The word "Guarantor" means Brent L. Carman.
Guaranty. The word "Guaranty' meens this Guarenty made by Guarentor for the benefit of Lender dated March 31, 1999.
Indebtedness. The word "Indebtedness' means the Note, Including (a) all principal, (b) elllnlerest, (c) ell late charges, (d) sllloon fees and
loan charges. and (e) all collection costs and expenses relating to the Note or to any collateral lor the Note. Collection costs end expenses
include without limitation all of Lender's attorneys' fees and Lender's legal expenses, whether .or not suit Is insUtuted, and attorneys' fees and legal
expenses for bankruptcy proceedings (Including eflorls to modify or vacate any automatic stay or injunction), appeals, and any anticlpeted
post.judgmenl collection services.
Lender. The word "Lender" means Commerce BanklHarrisburg, National Association, its successors and assigns,
Note. The word 'Note' means the promissory note or credit ag,eemenl dated March 31, 1999. In the original principal amount of $125,000.00
from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agreement. Notice to Guarantor: The Note:evldences a revolving line of credit from Lender to Borrower. '
Related Documents. The words -Related Documents" meam and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security ag~eements, mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection wtth the Indebtedness,
MAXIMUM LIABILITY. The maximum liability of G~aranlor under this Gusranty shall not exceed at anyone lime 100.00lI"1o of the amopnt of the
Indebtedness described above, plus all costs and expanses 01 (Ii) enforcement of this Guaranty and (b) collection and sale of sny collateral
securing this Guaranty.
The above limitation on liability is not a restriction on the amount 01 the Indebtedness of Borrower to Lender either In the aggregate or at anyone time.
If lender presently holds one or more guaranties, or hereafler receives additional guerantles from Guarantor, the rights of Lender under all guaranties
shall be cumulallve. This Guaranty shall not (unless specifically provided below to the conlrary) alfecl or Invalidate any such other guaranties. The
liability 01 Guarantor will ba the aggregate liability of Gua<antor under the terms 01 this Guaranty and any such other untermlnatEld guaranties.
NATURE OF GUARANTY. Guarantor intends to guarentee at elllimEis the performance and prompt peyment when due, whether al maturity or earfler
by reason of acceleration or otherwise, of all Indebtedness within the limits set forth In the preceding section of this Guaranty. This Guaranty covers a
revolving line of credit and guarantor understands Bnd 8grees that this guarantee shall be open and continuous until the line of credit II
terminated and the Indebtedn..s 'a paid In full, as provided below.
DURATION OF GUARANTY. This Guaranty will take eflect when received by Lender without the necessity of any acceptance by Lender, or any notice
to Guerantor or to Borrower, and will continue In full lorce until all Indebtedness shall have been fully and finally peld and satisfied and all other
obligations of Guarantor under this Guaranty shall have been perform~ in full. Release of any other guarantor or termination of any other guaranty 01
the Indebtedness shall notafleclthe liability of Guarantor under this G~aranty. A revocation received by Lander from anyone or more Guarantors shall
not aflect the liability of any remaining Guarantors under this Guara~ty. This Guaranty covera a reVOlving line of credit and It Is specifically
anticipated that fluctuations will occur In the aggregate amount! of Indebtedness owing from Borrower to Lender. Guarantor specifically
acknowledges and agrees that fluctuations In the amount of Indebtedness, even to zero' dollsrs ($ 0.00), shalf not constllute a tem;lnatlon of
this Guaranty. Guarantor's liability under this Guaranty shall terminate only upon (a) termlnallon In writing by Borrowar and Lender of the line
of credit, (b) payment of the Indebtedness In full In legal tender, .md (c) peyment In full In legal tender of all other obligations of Guarantor
under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER, Guarantor aUlho~'zes Lender, without notice or demand and without lessening Guarantor's
liability under this Guaranty, from time to time: (8) to make 0 e or more additional se(:ured or unsecured loans to Borrower, to lease
t:!qulpment or other goods to Borrower, or otherwlse.to exten , additional credit to Borrowerj (b) to alter, compromise, renew, extend.
accelerale, or otherwlss change one or more times the time for p.yment or other terms of the Indebtedness or any part of the Indebtedness,
IncludIng Increases and decreases of the rate of Interest on the Indebtedness; extensions may be repeated and may be for longer than the
original loen term; (c) to take and hold security for the paymtnt of this Guaranty or the Indebtedness, and exchange, enforce, wslve,
subordinate, fall or decide not to per1ect, snd release any such ecurlty, with or without the subslltutlon of new collateral; (d) to release,
substitute, agree not to sue, or deal with anyone or more of, B rrower's sureties, endorsers, or other guarantors on any terms or In Bny
manner Lender may choose; (e) to determine how, when and wh, I application of payments and credits shall be made on the Indebtedness;
(I) to apply such securlly and direct the order or manner 01 salelthereof, Including without limitation, any nonjudicial aale permitted by \he
terms of the controlling security agreement or deed of trust, as Lender In Its discretion may determine; (g) to sell, transfer, ssslgn, or grant
partlclpallons In all or any part of the Indebtedness; snd (h) to as.lgn or transfer this Guaranty In whole or In part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guara",or represents and warrants to Lender thet (a) no representallons or egreements
of any kind have been made to Guarantor which would limit or qua~lfy In any way the terms of this Guaranty; (b) this Guaranty Is executed at
Ilorrower's request and not at the requesl of Lender; (c) Guarantor ha~ full power, right and authority to enter Into this Guaranty; (d) the provisions of
this Guaranty do not conflict with or result in a default under any agreement or other Instrument binding upon Guarantor and do not result In 8 violation
of any law, regulation, court decree or order applicable to Guarantor; Ie) Guarantor has not and will not, without tha prior wrlllen consent of Lender,
Gell, lease, assign, encumber, hypothecate, transfer, or otherwise dlspo,e of all or substantially all of Guarantor's assets, or any Interest therein; (I) upon
!.ender's request, Guarantor will provide to Lender flnanclal and credit Information In fonn acceptable to Lender, and all such financial Information
which currenUy has baen, and ell future financial information which will ~e provided to Lender Is and will ba true and correct In all material respects and
fairly present the Ilnancial condition of Guarantor as 01 the dates the firlanclallnformatlon Is provided; (g) no material adverse change has occurred In
Guarantor's financial condlllon since the dale of the most recenl fin,nclal statemants provided 10 lender and no event has occurred which may
materielly adversely efiecl Guarantor's financial condition; (h) no .tltlg,tlon, claim, Investigation, admlnlstrallve proceeding or similar action (Including
those for unpaid taxes) against Guarantor Is pending or threatened; (ij Lender has made no represantation to Guarantor as to the creditworthiness 01
Ilorrower; and Ul Guarantor has established adequate means 01 ob1ainlng from Borrower on a continuing basis information regarding Borrowe(s
financial condition, Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way
aflect Guarantor's risks under thts Guaranty. and Guarantor further agroes that Lender shall have no Obligation to disclose to Guarantor any information
or documents acquired by Lender in the course of lis relationShip with ebrrower,
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender <a) to continue lending money or to
extend other credit to Borrower; (b) to make any presentment, prote~t, demand, or notice of any kind, Including notice of any nonpayment of the
Indebtedness or of any nonpayment related to any collateral, or notice df any action or nonaction on the part of Borrower, Lender, any surely, endorser,
or other guarantor in connection with the Indebtedness or in connecliqn with the creation of new or additional loans or obligations; (c) to resort for
payment or to proceed directly or at once against any person, including J3orrower or any other guarantor; (d) to proceed dlrecUy against or exhaust any
collaleral hald by lender j.om Borrowa.. any other guaranlor, or any other person; (e) 10 give notice of Ihe lerms, lime, and place of any public or
private sale of personal properly security held by Lender from Borrower or to comply with any other applicable provisions 01 the Unllonn Commercial
Code: (f) to pursue any other remedy within lender's power: or ((11 ~o commit any act or omission of any kind, or at any time. with respect to any
\
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03-31-1999
Loan No 2805450
COMMERCIAL GUARANTY
(Continued)
Page 2 -"
matter whatsoever. '
II now or hereafter (a) Borrower shall be or becoma insolvent, aOd (b) th~ Indebtedness shall not at ell times until paid be fully secured by collateral
pledged by Borrower, Guarantor hareby forever waives and relinquishes in favor of Lender and Borrower, and their respective successors, any claim or
right to payment Guaranto: may ,,?W have or hareafter have or acquira against Borrower, by subrogation or otherwise, so that at no time shail
Guarantor be or become a creditor of Borrower within the m..nlng of 11 U.S.C. section 547(b) or any successor provision of the Fedaral bankruptcy
laws. '
Guarantor also waives any and all rlphts. or d~fensas ~rising by reason of (a) any 'one acllon' or 'antl-dellclency' law or any other law which may
prevent Lender from brlng,ng .an~ act,on, Includ,ng a clarm for deficiency, against Guarantor, before or after Lendafs conrmancement or compIatIon of
any foreclosure a~"on, e,ther Jud'clally or by exercise ot a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely
affects Guarantor s subrogation rights or Guarantor's rights to proceed against Borrower for reimbursernen~ Including without limitation any loss of
rights Guarantor may suffar by reason of any law limiting, qualifying, or discharging lI1e Indebtedness; (c) any disablllly or other defense 01 Borrower, of
any other guarantorl or of any other person, or by reason of the cessation of Borrower's lJabjJily from any cause whatsoeve~ other than payment in fun
In legal tende~, of the Indebtednes~; . (d). any right to ,claim discharge of lI1e Indebtedness on the besls 01 unjustilied Impalrm~t of any collateral for the
Indebte<inass, (e) any statute of Irm'tations, If at any time any aclion or sull brought by Lender against Guarantor is conunenced thare Is outstanding
Ind~btedness of Borrower 10 Lender which Is not berred by any applicable statute of limitations; or (0 anY defenses given to guarantors at law or In
eqUity other than actual payment and pertormance of the Indebtedness. II payment Is made by Borrower, whether voluntarily 01 otherwise, or by any
third party, on the Indebtedness and thereafter Lender Is forced to remil the amount of that payment to Borrowefs Irustee In bankruptcy or 10 any
similar parson under any federal or state benkruptey law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of
enforcement of this Guaranty.
Guarantor further waives and egrees nollo assert or clllim al any lime any deducllons 10 tha amount guaranteed under this Guaranty for any claim of
seloff, counterclaim, counler demand, recoupment or similar right, whether such claim, demand or right may be asserted by the -Borrower the
Guarantor, or both. '
GUARANTOR'S UNOERSTANOING WITH RESPECT TO WAIVERS, Guarantor warrants and agrees that each of the waivers set forth above Is made
with Guarantor's fuJl knowledge of lis significance and consequences and that, under the circumstances, the waivers are reasonable and f\Qt contrary to
public polley or law. II any such waiver Is determined to be contrery to any applicable law or publiC poI'ley, such waiver ahell be effective only to the
extent permitted by law or public policy. .
LENDER'S RIGHT OF SETOFF. In addition 10 all liens upon and rlghls of setoff agalnslthe moneys, secumles or other property of Guaranlor gJven to
Lender by law, Lender shall have, wllh respect 10 Guarantofs obligations to Lender under this Guaranty and to tha extent permitted by law, a
contractual security Interest In and a right of setoff against, and Guarantor hereby assigns, conveys, delivers, pledgas, and translers to Lender all of
Guarantor's right, tiUe and Interesl in and to, all deposlls, moneys, securftles and other property of Guarantor now or hereaftar In the possession of or
on deposit with Lender. whether held In a ganeral or speclel account or deposli, whether held jointly with someone else, or whether held for
safekeeping or otherwise, excluding however ell IRA, Keogh, and lrust accounts. Every such security Interest and right of setoff may be exercised
without demend upon or notice to Guarantor. No security Interest or right of setoff shall be deemed 10 hava been waived by any act or conduct on the
part of Lender or by any neglect to exercise such right of setoff or to enforce such securlly Interest or by any delay In so doing. Every right of setoff and
security Interesl shall continue In fulllorce and effect until such right of seloff or securlly interest Is speclllcally waived or rel..sed by an Instrumenlln
writing executed by Lender.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agr..s that the Indebtedness of Borrower to Lender, whethar now
existing or hereafter created, Shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower
becomes Insolvent. Guaranlor hereby expressly subordinates any claim Guarantor may have agalnsl BOrrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankrupley, by an assignment for the benefR of creditors, by voluntery liquidation, or otherwise, the assets of Borrower applicable 10 tha
payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be flrsl applied by Lander \0 the Indebtedness of Borrower 10
Lender. Guarantor does hereby esslgn to Lender ell clllims which II may have or acquire against Borrower or agalnsl any assignee or truslee In
bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lander full payment In legal
tender of the Indabledness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to
Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender
hereby Is authorized, In the name of Guarantor, from lime to time to execute and lUe financing statements and continuation statements and to execule
such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this
Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth In this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given In wrlllng and signed by the party
or parties soughl to be charged or bound by Ihe alleration or amendment.
Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. II there Is a
lawsull, Guarantor agrees upon Lendefs requesl to submit to Ihe JuriSdiction of the courts of Cumberiand County, Convnonwealth of
Pennsylvania. Lender and Guarantor hereby waive the right to any jury lrial In any aellon, proceeding, or counterclaim brought by lllther Lander or
Guarantor against the othar. This Guaranty shall be governed by and construed In accordance with the laws of tha Commonwealth of
Pennsylvania.
Attornays' F.....; Expenses. Guarantor agrees 10 pay upon damand all of Lendefs costs and expenses, including attomeys' feas and Lendefs
legal expense., Incurred In connection wlll1 lI1e enforcement of this Guaranty. Lander may pay someone else to help enforce this Guaranty, and
Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses Include Landefs attorneys' fees and legal expenses
whether or not there is a lawsull, Including attorneys' feas and legal expenses for bankruplcy proceedings (and including efforts to modify or
vacate any automatic stay or Injunction), appeals, and any anticipated post-Judgment collection services. Guarantor also shall pay all court costs
and such addllionel fees as may be directed by the court.
Notices. All notices required to be given by either party to tha other under this Guaranty shall be .In wrltlng, may be senl by lelefacslmlle (unless
otherwise required by law), and shall be effeclive when actually delivered or when deposlled with a netionalty recognized ovemlght courier, or
when deposited In the Unlled States mail, IIrat class postage prepaid, addressed to the party to Whom the notica Is to be given at the address
shown above or to such other addresses as either party may designate to the other In wrillng. II therals more than one Guarantor, notice to any
Guarantor will constitute notice to all Guarantors, For notJce purposes, Guarantor agrees IQ keep Lender Informed at all limes of Guarantor's
current address.
Intarpretatlon. In all cases where there Is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be
deemed to have been used In the plurel where the context and construction so require; and where there Is more than one Borrower named In this
Guaranty or when this Guaranty is executed by more than one Guarantor, the words 'Borrower" and 'Guarantor" respectively shall mean ell and
anyone or more of them. The words 'Guarantor,' 'Borrower," and 'Lende" Include the helra, successors, assigns, and transferees of each of
them. Caption headings In this Guaranty are for convenience purposes only and are nol to be used to interpret or dellne tha provisions of this
Guaranty. II a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance,
such finding shall not render that provision Invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty
in all other respects shall remain valid and enforceable. If anyone or more of Borrower or Guarantor are corporations or par1nerahlps, tt Is not
necessary for Lender to Inquire Into the powers of Borrower or Guarantor or of the officers, dlreclors, panners, or agants acting or purporting to ael
on lI1elr behalf, and any Indebtedness made or created In reliance upon tha professed exercise of such powera shall be guaranteed under this
Guaranty.
Waiver. Lender shall not be deamed to have waived any rights under this Guaranty unless such waivar Is given In writing and signed by Lender.
No delay or omission on the part of Lender In exercising any right shall operate es a waiver of such right 01 any other right. A waiver by Lender of
a provision of this Guaranty shall not prejudlca 01 consUMe a waiver of Lendefs rlghl olheJwlse to demand strict compliance with that provision or
any other provision of this Guaranty. No prior waiver by Lender, nor any course of d..ltng between Lender and Guarantor, shall constitute a
waiver of any of Lendefs rights or of any of Guarantofs obllgallons as to any fulure transactions. Whenever the consent of Lender Is required
under this Guaranty, the granting of such consent by Lender In any Instance shall not constitute continuing consent to subsequent Instances
whare such consenlls requlred and In ell cases such consent may be granted or withheld In the sole discretion of Lender.
~
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03-31-1999
Loan No 2805450
.
COMMERCIAL GUAAAI}I6Y
(Continued) .,
Page 3
.
CO!t'ESSION OF' JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWE.6(LTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR
GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR
ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE
CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF
TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN
FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR
SO DOING, THIS GUARANTY OR A COpy OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY
GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY
SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO
EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDmON, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EfFECTIVE UPON GUARANTOR'S EllECI1110N AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION mLED "DURATION OF GUARANTY.' NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED MARCH 31, 1999.
THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GUARANTOR:
X ?1;~!!~f*if~.F~fteliJll.ii~ fiN if (SEAL)
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Witness
LASER PRO. Reg. U.S. Pat. & T.M. Oft" Ver. 3.26a Ie) 1999 CFI ProSarvlcas. Inc. AU righlS reserved. (PA.E20 034NU9.LN C21.0Vl)
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"~B'l''l'B. BVARS a. WOODSlb~
A. PROrBSSlONAL CORPORA.TION
ATTO~ AT LAW
GUY P. BENEVENTANO
3401 NORTH FRONT sTltEET
P.O. BOX 591SO
HARRISBURG. PA 17110-0950
IRS NO.
23-1.9850Q5
TELlDPHONE
(7171 232-5000
FAX
(71"1\ 286-1816
http://wtNw.mette.com
December 8, 2000
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dennis E. Shockley /
923 Greenbriar Road
York, PA 17404
Marty L. Trimmer
2970 Persimmon Drive
York, PA 17404
Stephanie A. Kubicki /
2642 Wedgewood Way
YorkPA17404
/
Brent L. Carman /
2195 Ridge View Drive.
Dallastown,PA 17313
Jerome E. Kubicki ~
2462 Wedgewood Way
York, PA17404
Be: 4 NU Marketing, Inc./Co11ljmerce Bank
Business Loan Agreement
633.906
Gentlemen and Ms. Kubicki:
I write to you on behalf of my client, Commerce Bank, in connection with the
above-identified Business Loan Agreement.
On March 31,1999,4 NU Marketing, Inc. (hereinafter "NU Marketing"),
executed and delivered to Commerce Bank a Promissory Note evidencing its
obligation to Commerce Bank under a commercial loan in the principal amount of
$125,000, together with interest and oth~r charges. Commerce Bank advanced the
full amount of the $125,000 to NU Marketing under the Note.
Pursuant to the Business Loan Agreement, loan guarantees were required
from the four of you prior to disbursement of the loan proceeds. Each of you signed
a commercial guaranty instrument obligiiting you to pay to Commerce Bank 100%
of the indebtedness of NU Marketing in the event that it defaulted on its loan
obligation to Commerce Bank.
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December 8, 2000
Page - 2 -
As you are aware, NU Marketing is substantially in default on its loan
obligation. Accordingly, Commerce Bank is hereby making a demand upon each of
you for repayment of the loan obligation. You have ten days from the date of this
letter to contact me in order to discuss the possible terms of the loan repayment. If
you fail to contact me within the next ten days, the Bank will consider enforcing all
of its rights under the commercial guaranty agreement which you signed, including
instituting suit against you for collection of the debt.
Thank you for your prompt attention to this letter.
Very truly yours,
I/) ??l- ~..-
V Guy P. Beneventano
GPB:gls
cc: David C. Amsden, Vice President
245217
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Complete ite:ms 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we cl1.n returl1'-the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
BRENT L. CARMAN
2195 RIDGE VIEW DRIVE
DALLASTOfiN PA 17313
3. Service Type
l!. Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number (Copy from service label)
7099 3400 0001 4127 8023
PS Form 3811 , July 1999 Domestic Return Receipt
102595-99-M-1789
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g: -stnie~~!;.ciho'B~--------mm-------..--__---.---_h.------"__---
~ uuu2195u.BIDGEulUEILDRI'llL.._.m_.uu...u....m._u......
City. State. ZIP+4
DALLASTOWN. PA 17313
PS Emm38QO'CJtlly'19_9g;,,~1 <, '"'>, _ ,; I . '; . 'Se,e F.leverseiarclnstl:uclions
u,~o S'^~, Pm", S'""~ ~:~~J 1/// t &:t::~,
. Sender: Please prilll YOlli~illftR~/ dd -'.>~, -, ,.:, <
,a ress, dYU' ZIP+4 in ihii bQlC'~:
GUY P. BENlWENTANO ESQUIRE
METTE EVANS & WOODSIDE
3401 NORTH FRONT STREET
POBOX 5950
HARRISBURG PA 17110-0950
4 NU MARKETING
1".Ill.. ".lIU".I1II,., II ,..1.'. "I 01.11.1111.1.11",..,111
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CASE NO: 2001-01208 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHERIFF'S RETURN - OUT OF COUNTY
COMMERCE BANK/HARRISBURG NA
VS
CARMAN BRENT L
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
CARMAN BRENT L
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On March
29th , 2001 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of county
Surcharge
DEP. YORK COUNTY
18.00
9.00
10.00
28.28
.00
65.28
03/29/2001
METTE, EVANS
so~~
R. homas Kline
Sheriff of Cumberland County
& WOODSIDE
Sworn and subscribed to before me
this 30 ~ day of ~
t},~~ Ad')ML ~~
) Prothonotafy
COUNTY OF YORK
,-,
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OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1. PLAINTIFF/SI 2. COURT NUMBER 01-1208 Civil
r~"'m'>J;:: ~ .,. IU~~. . _L 4. TYPE OF WRIT OR COMPLAINT
-
3. DEFENDANT! I Notice &
Brent T" . Carman Complaint
{ 5. [\lAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPe-AT? TatlE LEVIED, ATTACHED, OR SOLD.
Brent T". Carman
6. ADDRESS (STREET OR AFD WITH BOX NUMBER, APT NO., CITY, aORD, IWP" STATE AND ZIP CODE
~ 219.5 Ridae view Rd. Da]]astQ]j',1~1'iLJ2Jl,1__
7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE )tJ PEPUTlZE c.l]~.'M4tf:!.il 0 1ST CLASS MAil 0 POSTED 0 OTHER
NOW 3/")/01 19_I'SHER!FFOF1mp~~c:i:~~bYdell tj the sheriff of
York COUNrrt~_eX .. e~~~Ill~er reofaccording
to law. This deputation being made at the request and risk of the plaintiff. . '"
SHE:RIF ~~~:f@UNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST iN'E:XPE:DITING SERVICE: - -,--' __
Cumberland
ADVANCE FEE PAID BY CUMBEP.LAND COUNTY SHERIFF
NOTE ONLY APPLlCABU;; ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any
plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof.
9. TYPE NAME AND ADDFIESS of ATTORNEY/ORIGINATOR and SIGNATURE
GUY P. BE.l\lEVENTl\NO, ESQ.
3401 N. FRONT ST. PO BOX 5950, Han:-isburq, PA 171l0-0950
12. SEND NOTICE OF SEFtVlCE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
10, TELEPHONE NUMBER
11. DATE FILED
;l3~-60CJO
3/2/01
CUMBERLAND COUNTY SHERIFF
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13. [ acknowledge receipt of the writ J. 'Ls'UGDN~;IuG'R~ (j~ AUTHORIZE-D ClEAK - 14'3D/a'5e/Roc1eived 4'5/. 1E'J~:ron/Hearing Date
or complaint as indicated above. 'vv
16.HOW SEBVED, PERSONAL' ) RESIDENCE ( ) POSTED' ) POE, ) SHERIFF'S OFF ( )
17.01 he certify and rE~turn a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above.
18. N .l~.
SEE REMARKS
22. REMARKS:
~
71. 72
40. Cost Due or Refund
$X 20
44. Signature of
De Sheriff
]!-5. Signature of York
- County Sheriff
~
47.Dat~
48. Date
saA
41. AFFIRMED and subscribed to before me this
. igna re 0 orelgn
Sheriff
51. Date Received
4. BLUE. Sheriff's Office
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28 EAST MARI<:ET ST., YORI<:, PA 17401
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SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
2, COU~TNUMBER J 1 ] ':08 C i vi. 1
4. TYPE OF WRIT OR COMPLAINT
1. PLAINTIFF/Sf
rnmmp"/,,"(""fO. R;qnk IH~rJ~ r.r-nrrr
3. DEFENOAN1"/W ""
~r~n~ L. Car~?~ * v
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERV~ OFt OEsCRlfiilON <5FllI=lOP'ERTI "fd""e'E LEVIED, ATTACHED, OR SOLO. .
'C.....pnt r. ('':::n'~?n ...
N0~i~e & C0~n}aint
SERVE
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AT
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6. ADDRESS (STREET OR RFD WITH BOX NUMBEA, APT NO., CITY, BORD, TWP., STATE AND ZIP CODE
"l'll')r: ?~,,:'3.~'''''' "V~,?W Fr1r D~'~_astown. f'A 17113
SHERIFF OF
_~t;;:~"..cOUNTY
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Cumberland
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ADV~-FEE PAID BY C'UMBERIA'ID OJUN"i'Y SHERiFF
NOTE ONLYAPPLICABl.E ON WAIT OF EXECUTION: N.B. WAIVER OF WATCtt'MAN "Any deputy sheriff levying upon or attaching ani property under within writ may ,leave
. same withounl. watchman, In custody of whomever is found In possession, after noUtyinf!., person of levy or attachment, withoullfability on th~ ,part 01 such deputy or the sheriff to any
plaintiff herein for any loss, destructio!:J. or removal of any property before sherjffs s~:lie tl\ereof. ,-
9. TYPE NAME AND ADDRESS O'f ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
. GUY p-" BENE'"v'EI,,'T~'i.-Y~ ESQ. ,.' . ~ ~~'kJ ...\ - ._'~ .".)
'" 3401.N. FRONT S'I'. PO BOX 5950, Harrisburq FA 17110-095:J 3/2/,)"
/~ 12. SEND NOTICE OF SERVICE COPY TO_NAME AND ADDRESS BELOW: (This area must be completed if notice is tQ'b~e mailed).
CUMBEiU.,AND C'OfJ!';'I'Y SHERI FE' . ... ., - -.~ . .
, lit: . '.' . .. ,,';~rPACl:aIOLQW FOR US!; QFIA~.. ... EtlFf .ONLYc.IJ.ONOT WJl.lTE e,gLQW'rHJ5..L!NE
13.1 acknowl~~e receipt c)fthe writ SIGNATURE OF AUTtiORfzE"O CLERK 14. Date Received 15. Expiration/Hearing Dale
or compJ~fnt as indicatt~d above. -1 ~ LUDW tG 3/ S / 01 ~ i 1/ 0 1 '
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16.I:IOW SE~VED~-: PERSONAL ( )
RESIDENCE ( )
POSTED ()
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SEE REMARKS
, Time' Miles Int.
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23. Advance Costs
100.00
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44. Signature.of . f -:. ,,," ,.,......
De . S eriff -~../-<-
45. Signature of York ".
- County Sheriff ,,'
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47.Dat5/~...?y V
48. Date
41.AFFIRMEO and subscribed to before me this
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49. Date
51. Date Received
4. BLUE - Sheriff's Office
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COMMERCE BANKlHARRISBURG,
N.A.,
Plaintiff
v.
BRENT 1. CARMAN,
Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
DOCKET NO. 01-1208 Civil Term
PRAECIPE
This case is hereby discontinued without prejudice.
October 25,2004
cc: Mr. Brent 1. Carman
2195 Ridge View Road
Dallastown, P A 17313
409537v1
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Lloyd . Persun, Esquire
Mett Evans & Woodside
340 North Front Street
P.O. Box 5950
Harrisburg, P A 1711 0-0950
(717) 232-5000
(717) 236-1816 fax
Attorneys for Plaintiff
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