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HomeMy WebLinkAbout01-05021IN THE COURT OF COMMON PLEAS OF £UMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION WAYPOINT BANK . F/K/A YORK FEDERAL SAVINGS ~ ^ ^ '! AND LOAN ASSOCIATION AND No. ~~ . $~~ L'luc ~~ HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached hereto, I appear for the above Defendants and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Principal Balance Interest through 8-24-01 Late Charges Reasonable Attorneys Fees (10%) $21,077.43 $ 584.88 $ 356.98 $ 2,107.75 Total Judgment entered as above. $24,127.04 By : e. ~ , Benjami F. Riggs, Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717)815-4518 I.D. No. 72030 .,.e l J 7 i ~ ~; ; _::: ~~~ tE V PJ .-.i7 , ~ <.`v _ r ~ '~ c ~ ` ~ i, ~ [ - C ___ ~ to i PTR9wm^a~ne w .. nv~+3fi'9"!M'~a3~ssrstna+~ .s~lxoremm.,at~ -x::g.s:: •xt ~.., ....: : :;r~evrvh ,_...,Ry~fl A s ,.fvh4t~~*~n.49#F IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. QI - SGb2 I ~tc.)c ~~~'''l vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment COMPLAINT AND NOW, to wit, this a'7'~-~ day of August, 2001, comes Waypoint Bank ,Plaintiff, by and through its attorney, Benjamin F. Riggs, Jr., and files this Complaint upon a cause of action whereof the following is a statement: 1. The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 235 North Second Street, Harrisburg, Pennsylvania. 2. The Defendant, Hoop-Net Tour Productions, Inc., a Pennsylvania business corporation whose principal address is 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. That attached hereto and incorporated herein by reference thereto is a copy of the original instrument executed by the Defendant authorizing confession of judgment (Promissory Note dated April 8, 1999). 4. The attached instrument has not been assigned. 5. That the judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951(a)(2). 6. That judgment has not been entered on the attached instrument in any jurisdiction. 7. The attached instrument provides for confession of judgment against the Defendant, at the Plaintiffs option. Plaintiff has exercised its option to confess judgment pursuant to the terms of the instrument for an amount which the Defendant may become liable. 8. As a consequence of the foregoing, the Defendant is liable to the Plaintiff as follows, as of August 24, 2001: Principal Balance $21,077.43 Interest through 8-24-01 $ 584.88 Late Charges $ 356.98 Reasonable Attorneys Fees (10%) $ 2,107.75 Total $24,127.04 WHEREFORE, Plaintiff Waypoint Bank demands judgment against the Defendant in the total sum as authorized by the Warrant appearing in the attached instrument. By: ~ ~1~~ Benjami F. Riggs, r°~/ Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 BOrrOWer: Hoop-Net Tour Productions, Inc. Lender: Harris Savings Bank 250 Oak Grove Court 234 N. Second Street MBChanlCSbUrg, PA 17055 P O Box 1711 Harrisburg, PA 17105 Principal Amount: $40,000.00 Initial Rate: 9.250°k Date of Note: Aprit 8, 1999 PROMISE T.O -BkY. HooprNet Tour Productions, Inc. ("Borrower") promises to pay to Harris Savings Bank ("Lender"), or order, in lawful money of the llnitedStates of America, the principal amount of Forty Thousantl & 00/100 Dollars ($40,000.00), together with interest on the unpaid principal balance from April 8, 1999, until paid in full. PAYMENT. Subject to any payment changes resulting from changes In the Index, Borrower will pay this loan in 47 principal payments of $833.99-e8ch and one final principal and Interest payment of $840.13. Borrower's first principal payment Is due May 1, 1999, and all subsequent principal-payments are due on the same tlay of each month after that. In adtlition, Borrower will pay regular monthly payments of all acdrued unpaltl interest due as df eachpayment date. Borrower's first interest payment is due May 1, 1999, and all subsequent interest payments are due on the same day of each month after chat. Borrower's final payment tlue April t, 2003, will be for all principal and accrued interest not yet paid. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the rafiq of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is dutstanding. -Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in wrifing. Unless otherwise agreedor required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes, in an index which is Lender's Pdme Rate (the "Index'. This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borcower the current Index rateupon Borrower's request. Borcower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each Dey: The Index currently is 7.750% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate Of 1.500 percentage points over the Index, resulting in an initial rete of 9.250% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in wrifing, relieve Borcower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance.due and may result in Borrower making fewer payments. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10,00, whichever is greater. DEFAtRT. Bgrrower will be in default if any of the following happens: (a) Borrower fails 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, cgvenant, 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) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made qr furnished. (d) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit-ot creditors, or any proceeding is commenced either by Borcower or against Borrower under any bankruptcy or insolvency-laws, (e) Any creditor.tdes to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of~ any of Borrowers accounts with Lender. (f) Any guarantor dies or any of the other events described in this default section occurs with respeot to any guarantor of this Note. (g) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (h) Lender in good faith deems itself insecure. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the: precedingiwelve (12) months, it may be cured (and no event of detault will have occurred) if-Borrower, after receiving wdttem.noti~e from Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) if the cure requires more than: fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid pdngipal balance on this Nbteand all axrued unpaid interest immediately due, and then Borcower will pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, 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 permitted 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 that amount. This includes, subject to 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 vacate anyautomatic stay or injunction), appeals, and any anticipated post-judgment collection services. If.not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Nofe, interest will continue 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 deliveretl to Lentler antl acceptetl by Lender In the Commonwealth of Pennsylvania. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, the Commonwealth of Pennsylvania. This Note shall be governed'by antl construed in accortlance with the laws of the Commonwealth of Pennsylvania. RIGHT D,F SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrowers right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borcower may open in the future, excluding however ell 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 this Note against any and all such accounts. .T.,~N~ _, - w~iPrs~a... - eimr~~~n~x~n!e~ v 3Ya~i~rksei a+i.<u _,;~ ,. .I .+~.ex s4J ',- ~6-. ~ ,,:_.+~ ._ -=~.,as,rhVS~uiaeek.a+t ,a'.. r.~e~.x.~~t~e~ 04-08-1999 PROMISSORY NOTE Page 2 Loan No 8876000791 (Continued) COLLATERAL. This Note is secured by a Mortgage dated Apol 8, 1999, to Lender on real property located in York County, Commonwealth of Pennsylvania, a Mortgage datad April 8, 1999, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, and a Mortgage dated April.8,-1999,: to:Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. SECURITY. All collateral (as herein defined) is security for this Note and any renewals, extensions and modifications thereof, and the payment, perfprmance -and discharge of all other present or future indebtedness, obligations and undertakings (whether individual, joint, several, direct, contingent or otherwise) of the Borrower to or for the benefit of-Lender, whether arising directly to Lender under this Note or under any other agreement, promissory note or undertakings now existing or hereinaffer entered into by the Borrower to Lender. The term "Collateral" includes all tangible and intangible property (i) described in any mortgage, assignment or any other security document separately executed in favor of Lender pursuant to this Note, and (ii) im which a security interest has been granted to Lender pursuant to this Note. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower end any other perspnwho signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon anychange in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and-take anYother action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may.modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR 80RROWER 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 ORADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITHCOSTS 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 MAV ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE .VERIFIED-BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST 80RROWER 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 ANV SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE ANDlOR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OFLENDt:R SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO ANY OF BORROWER'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THEPENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORITYSHALC NOT, IN'.ENFORGEMENT OFANY SUCH JUDGMENT, EXECUTE, LEW OR OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL :PROPERTY; PROVIDED, HOWEVER, THAT THE LIEN OF SUCH JUDGMENT SHALL EXTEND TO SUCH RESIDENTIAL REAL PRQPERTY-AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO EXECUTE, LEW OR PROCEED AGAINST SUCH RESIDENTIAL REAL PROPEgTYFROM ANDAFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND-RULES2981 TO 2986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEW OR OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR ENTER JUOGMENT. PRIOR TO' $IGNINGTHIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST-RATE' PROVIS10A5. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY c3k ~TWENOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: Hoop-Net ur Protluctrons Inc Charles L. Ncel, President LENDER: Harris~S vings Bank ~~ 13~~. gY; I! V 7 V vL_-~----~ Authorized DfBcef Variable Rata. Principal+Interest. LASER PRO, Reg. U. S.Pat.&T. M.Off.,Ver.3.26b(c)1999CFI ProServices, Inc. Allrlghtsreservetl.IPA-D20 HDDP.LN C2.OVLl l"'!@~ DI SURE FOR CONFESSION OF JUDG Referenczs in the shaded area are for Lender's use only and do not limit the applicability ofthis document to any particular loan or item Borrower: Hoop-Net Tour Productions, Inc. Lender: Harris Savings Bank 250 Oak Grove Court 234 N. Second Street Mechanicsburg, Pa. 17055 P.O. Box 17] 1 Harrisburg, PA 17105 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING, THIS EIGHTH DAY OF APRH., 1999, A PROMISSORY NOTE FOR $40,000.00 OBLIGATING THE BORROWER TO REPAY THAT AMOUNT. A I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST THE CORPORATION IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO THE CORPORATION AND WITHOUT OFFERING THE CORPORATION AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF THE CORPORATION'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST THE CORPORATION UNDER THE NOTE, I, IN BEHALF OF THE CORPORATION, AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXP Y AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST THE CORPORATION BY CONFESSEO I~~OVBJED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER 7UDGMENT AGAINST THE CORPORATION WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHER WISE SEIZING THE CORPORATION'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO THE CORPORATION UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWI LY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDE S GUYING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT THE CORPORATION'S ANNUAL INCOME EXCEEDS $10,000.00; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFFIANT: By: ~Wn'fa~ L~ 1J~~ Chazles L. Noel, President ~~~ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Vice President of WAYPOINT BANK, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. WAYPOINT Date: ~ Ll ~l By: F7arry M.~r Senior Vice rr~^ ~ ~ V1 n` _q~(~~) Iv ~`~J ~ \\x~ \r ` ~ e--~ ,, : --_ ; , .-- z; ~_, _~, , '. cn ~- r~ .i ri`. '~ ~_ ' - iii - t .. -1 t x -t; i .. ~. 9H'h -kl -... A$P FS' es.-~.-.,'Y :3ti^vr id hP rf~'@,PUf' Myr.i'q$tlYaf°~9 u?1F~vr%a dt+F t~~F.. ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. p/ ..~,~ ~,~~L~T~ HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Commonwealth of Pennsylvania County of York Confession of Judgment Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant Hoop-Net Tour Productions, Inc.'s., last-known address is 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. Sworn and subscribed before me thisa?'°°-day of August, 2001 Notary Public P. Benjamin . Rigg Attorney for Plaintiff I.D. No. 72030 My Commission expires: Notarial Seal Sandra M. Aulbach, Notary Public City of York, York Counttyy My Commission Expires May 23, 2005 Member, Pennsylvania ASSOCi81i W t of Notaries .* ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS n rc~, AND LOAN ASSOCIATION AND No. p(_- l:ivt~l, !~`1. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment OFFICE OF THE PROTHONOTARY OF YORK COUNTY CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise mailing address of the Plaintiff is: P. O. Box 1711, Harrisburg, Pennsylvania 17105-1711 I hereby certify that the precise mailing address of the Defendant, Hoop-Net Tour Productions, Inc. is: 250 Oak Grove Court, Mechanicsburg, Pennsylvania 17055 ,._ s~~.~ Benjamin' F. Rigs; dy! Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 (-; ~_ _. , .G _ U ~ tom, ~ 3 ;`.7 i.. . -> -C.~ r~ + '< '- L'1 GJ _C -.~ ~f 3!%1RTR~! ~r#~l: t,~^ wr~rzr"am _ _ 5saa w.. xe as a+.r~ r ~ isa- .~1.Pm-,.;ase~ .^a~u~i~:.aamw-~o-F~u ~ axm fie~?':r~+?x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. pf . ~bll ~rc,~~,~~lL~, HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment NOTICE OF DEFENDANT'S RIGHTS TO: Hoop-Net Tour Productions, Inc. 250 Oak Grove court Mechanicsburg, PA 17055 A judgment in the amount of $24,127.04 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by your. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT T A JUDGE WITHIN THRITY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND 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 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND.LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment CERTIFICATE OF SERVICE AND NOW, to wit, this o~ ~ ~''~ day of August, 2001, I, Benjamin F. Riggs, Jr., Esquire, attorney for Plaintiff Waypoint Bank of 235 North Second Street, Harrisburg, Pennsylvania, hereby certify that I served a true and correct copy of the Notice of Defendant's Rights filed in the above captioned matter by certified, first class mail, return receipt requested, as well as first class mail, postage prepaid, on the Defendant, on the a~ ~'~- day of August, 2001, as follows: Hoop-Net Tour Productions, Inc. 250 Oak Grove Court Mechanicsburg, PA 17055 BY: Benjami F. Rig , Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 ~, c ~~ w- , - ~,: - , ,,. .,, ;, ~r, i„ ~; ~~_ ~_ 'a ~~ % - -~ ~:: -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. - ea~l,~~-f'~'J HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment NOTICE OF FILING JUDGMENT ( ) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $ 24,127.04 on the day of August, 2001. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Div. If you have any questions concerning the above case, please contact the following party: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff 235 North Second Street P. O. Box 1711 Harrisburg, Pennsylvania 17105-1711 Telephone: (717) 815-4518 (This Notice is given in accordance with Pa. R.C.P. 236.) .. Notice sent: Hoop-Net Tour Productions, Inc 250 Oak Grove Court Mechanicsburg, PA 17055 «£`i,3~e ~\c"~s;`n''k.».s~'`P.s.,.z ~'~s ...,, ti 3i m„23'~i~3~ ~~r ~^G~TkRY ~; ;~~ Gr ., .. .,a,.)r,w n~aii~ i cCia _~ ;~',C~ i~a yw ~i ~~ ~~'"i'"~;i_x~~~u C;QUN1'~' ~,~~~... fl'c1`d`J~YLVi~`dW " i C ~ N= C j o$ ~ ~ go ~ ~ o ~~ ~ ~~ Q rJ ~~~ ~ , o ~ ~~ ~ ~ m 9 O v~c~n C7 Cn C> "0 N C G 0 N ~ 6 0 (D ~ ~ =O D O p _ ~ ,~~ ~~ o~~ ~^ w =,~ ~ ~ m ~~v , m 2 a N ~ C) N O N f €I ~~~ r'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS ~ ^,~` ~~_ AND LOAN ASSOCIATION AND No. pt - 2, ~,~ (, :/Lrr~l// HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached hereto, I appear for the above Defendants and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Principai Balance Interest through 8-24-01 Late Charges Reasonable Attorneys Fees (10%) $21,077.43 $ 584.88 $ 356.98 $ 2,107.75 Total Judgment entered as above. $24,127.04 By : o Benjami F. Riggs, r. Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 .~ IN THE COURT OF COMMON PLEAS O~ C.UMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/KIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff . vs. HOOP-NET-TOUR PRODUCTIONS INC . Defendant Confession of Judgment COMPLAINT AND NOW, to wit, this a'7'~- day of August, 2001, comes Waypoint Bank ,Plaintiff, by and through its attorney, Benjamin F. Riggs, Jr., and files this Complaint upon a cause of action whereof the following is a statement: 1. The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 235 North Second Street, Harrisburg, Pennsylvania. 2. The Defendant, Hoop-Net Tour Productions, Inc., a Pennsylvania business- corporation whose principal address is 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. That attached hereto and incorporated herein by reference thereto is a copy of the original instrument executed by the Defendant authorizing confession of judgment (Promissory Note dated April 8, 1999). HARRI S® SAVINGS BANK PROMISSORY NOTE Principal Amount: $40,OD0.00 Initial Rate: 9.250°h Date of Note: April 8, 1999 PROMISE ~TOPAN..Hoop-Net.Tour Productions, Inc. ("Borrower") promises to pay to Harris Savings Bank ("Lentler"), or order, in lawful money ~al6 the United States ofAmerica, the principal amount of Forty ThouSantl & ODh00 Dollars ($40,OOD.00), together with interest on the unpatl principal balance from April 8, 1999, until paid In foil. PAYMEj17. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in a7 principal payments of $993:3l~~ each antl one final principal antl interest payment pf $840.13. Borrower's first principal payment is due May 1, 1999, and all subsegpant principal payments erg: due qn the same day of each month after that. In atltlltion, Bonower will pay regular monihty payments oT all accrued unpaitl Interest tlue`asof each payment date.- Borrower's first interest payment is due May 7, 1999, antl allsubsequent interest paymuntp are-tlue on toe same tlay of each month after that. Borrower's final payment tlue April 1, 2003; will be for all principal and accrued InteresNaot yet paid. The annual jnferest rate for this Note is computed on a 365/36D basis; that is, by applying -the ratio of the annual jnterest-rate over a~:year of 960 days, multiplied'tiy the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Bortovier'wiil pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or requireq by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes'in an index which is Lender's Prime Rate (the "Index"). This is therate Lender charges, or would charge, on.90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be ihelowest rate available from Lentler at any given time. Lender will tell Bonower the current Index rate upon Borcower's request..Bortower understands That, Lender may make loans based on other rates as well. The interest rate change will not occur more often than each.Day. The Intlex currently js 7.i5o% per annum. The interest rate to be applietl to the unpaid principal balance of this Note wllfbe at a rate of 1.500 percentage points odr!r the Index, resulting in an initial rate of 9.250% per annum. NOTICE: Under no circumstances will the Interest rate on this Note be more than the maximum rate allowed by applicablelaw. PREPAYMENT. Borrower may pey~all or a portion of the amount owed earlier then 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 under the payment schedule. Rather, they will reduce the principal balance due end may result in Borrower making fewer payments. LATE CHARGE. If a payment is t5 days or more late, Borrower will be charged 5.000% of the regularlyschedutetl payment or $10.00, whichever is greater. DEFAULT. Bonower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. (b) Bonower breaks any promise. Bonower has made to Lender, or Bonower fails to comply with or to pertorm 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) Any representation or statement made or furnished to Lender by Borrower or on Borcower's behalf is (else or misleading in any material respect either now or et the time made or furnished. (d) Bonower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit, of. creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (e) Any creditbt hies to.tekeany of Borcower's property on or in which Lentler has a lien or security interest. This includes s garnishment of any of Bbrtbwer's aepounts with Lender (fp Any guarantor dies or any of-the other events described in this default sectibn dccurs with respect to any guarantor of this Ndte. (g). A material adverse change occurs in Borrower's financiaF~condition, or Lender believes the prospect of payment or pertbrmance of the Indebtedness is tmpaired..(h) Lendei in good faith deems itself insecure. If any tlefaulf, ~otherlhan e-default in. payment, is curable-and if Borrower has not been given a notice of a breach of the same provision of this Note within thespreceding-twelve (12)-months, it may be cured (and no event of default will have occurred) if Bonower, after receiving written notice from Lentler demantljrig cure of such default: (a)-cures the default within fifteen (15) days; Qr (b) if the cure requires more than fiffeen (15)' days, immegiejely 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 es reasonably practical. LENDER'S RIGHTS. URon default, Lender may, after giving such notices. as required by applicable law, declare the entire unpaid principal balance on this Note end ail accrued unpaid interest immediately due, and then~Borrower will pay that amount. Upon default, including failure to peyupon final maturity, Lender, at its option, may also, if permitted under applicable law, 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 permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Bonower does not pay. 'Bonower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attbrneys`fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bahkruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection s0rvices. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums proviiied by law. If judgment is enieted'in connection with ih'~s, Note, interest wilt continue Yo accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. This-Npif::ltae-been tlelive[etl to;Lender antl accepted by Lender in the Commonwealth of Pennsylvania. It there is a lawsuit, Borrower agrees upon L'ender's request to submltto the jurisdiction of the courts of Dauphin County, the Commonwealth of Pennsylvania. This Note shall be governed by antl construed in accrirtlance with the laws of the Commonwealth of Pennsylvania., RIGHT OF SETOFF. Borrower grants to Lender a conhactual security interest in, and hereby assigns, conveys; delivers, pledges, and transfers to Lenderall Bortower's right, title and interest in and to, Borcower's accounts with Lender (whether checking, savings; or some other account), including without limitation all accounts held jointly with someone else and all accnunts 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. Bonower 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. BOrrOWer: Hoop-Net Tour Productions, Inc. Lender: Harris Savings Bank 250 Oak Orove Court 234 N. Secontl Street Mechanicsburg, PA 17055 P 0 Box 1711 Harrisburg, PA 17105 ."ttet~W4r~+ta.4bcv.,ar,m1M6~¢'~.:=Hi6avekFaa~a -,-.. 5 peIBd£tnlN.~kdo~c'iE~'Mze~&c~%.?th4ia:~raa+..aguevsekustwatit::tramaa:E~suassu ''~ti:u '^'_- 04-08-1999 PROMISSORY NOTE Page 2 Loan No 8876000791 (Continued) COLLATERAL. This Note is secured by a Mortgage dated April 8, 1999, to Lender on real property located in Vork County, Commonwealth of Pennsylvania, a Mortgage dated April 8, 1999, to Lender on real property located in Cymberland County, Commonwealth of Pennsylvania, and a Mortgage dated April 8; 1999-, to Lender on real Property.lacated in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are tierehy incorporated and-made a part of this Note. SECURITY. All collateral (as hereindefined) is security for this Note and any renewals, extensions and modifications thereof, and the payment, performance and disphargeof all other present or future indebtedness, obligations and undertakings (whether individual, joint, several, direct, contingent or otherwise) oh the Borrower to or for the benefit of Lender, whether arising directly to Lender under this Note or under any other agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to Lender. The term "Collateral" includes ail tangible and intangible property (i) described in any mortgage, assignment or any other security document separetelyexecuted in favor of Lender pursuant to this Note, and (ii)-in which a security interest has been granted to Lender pursuant to this Note. GENERAL PROVISIONS; Lender may delay or forgo enforcing any of its rights or remedies undeo this Note without losing- them. Borrower and any other person who signs, guarantees or endorses this Note; to the extent allowed by law,.waive presentment, demand for payment, 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 Note, whether as maker, guarantor, accommodaiidn maker or endorser, shall tie released Bom liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in-the collateral; and take any other adtion deemed necessary by Lender-without the consent of or notce fo anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other then the party with whom the-modiflcatlon is made. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY: COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE,'~ANDWfrH OR. WITHOUT COMPLAINT FILED, AS OF ANY TERM; CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOATHE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES; AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED-6Y LENDEA RELATING TO ANY COLLATEAAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNT$,TOGFzI',HER.WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1090) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($600) ON WHICH JUDGMENT ORJUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED.BVAFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST'BORROWER:SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL-CONTINUE FROM TIME TO TIME.AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING gEQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF. LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWEq HAS:BEENRSpgESENTED BY INDEPENDENT LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTEREDPURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO ANY OF BORROWER'S RESIDENTIAL REAL PROPERTY AS THAYTERM 1S.DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO.6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS'AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PUASUANS TO THE FORGOING AUTHORITY''SF)ALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEVY OR OTHERWISE FROCEEq-AGAINST ANY SUCH RE$IDENTIAL,RF,.AI. P50PERTY;.PROVIDED, HOWEVER, THAT THE LIEN OF SUCH JUDGMENT SHALL EXTEND TO SUCH gESIDENTIAL REAL PROPERTI' AND THAT.THE HOLDER THEgEOF SHALL BE PERMITTED TO D(ECUTE, LEW OR PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY'FROM AND APTER.THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND-.RULES 2987.T0 2986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES. N0. LIMITATIONS OF LIEN OR ANY EXECUTION, LEVY OR OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANV JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT. PRIOR TO SICaNINGTHI;i NOTE; BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROV151UN5. BORROWER AGREES TO THE TERMS OF THE~NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. LENDER: Harris S vings Bank -~,, ~ Authorized 0lficer Variable Rate. Principal+Interest. LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.28b (c)1999 CFI ProServicas, Inc. AiI rigMS reservetl. IPA-020 HOOP.LN C2.OVLI DIS,.~OSURE FOR CONFESSION OF NDG1VIi i DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING, THIS EIGHTH DAY OF APRIL, 1999, A PROMISSORY NOTE FOR $40,000.00 OBLIGATING THE BORROWER TO REPAY THAT AMOUNT. A I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER 7UDGMENT AGAINST THE CORPORATION IN COURT, AFTER A DEFAULT ON THE NOTE, WrfHOUT ADVANCE NOTICE TO THE CORPORATTON AND WITHOUT OFFERING THE CORPORATION AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF THE CORPORATION'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST THE CORPORATION UNDER THE NOTE, I, IN BEHALF OF THE CORPORATION, AM KNOWINGLY, BQT'ELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXP Y AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST THE CORPORATION BY CONFESSIOD~9~~P OVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST THE CORPORATION WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHER WISE SEIZING THE CORPORATION'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO THE CORPORATION UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND AHEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOW LY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDE GUYING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. LCERTIFY THAT THE CORPORATION'S ANNUALINCOME EXCEEDS $10,000.00; THAT THE.BLANKS IN THIS DISCLOSURE WERE FII,LED~IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED AFFIANT: BY: ~k~ L . 'i.~ Charles L. Noel, President Borrower: Hoop-Net Tour Productions, Inc. Lender: Harris Savings Bank 250 Oak Grove Court 234 N. Second Street Mechanicsburg, Pa. 17055 P.O. Box 1711 Harrisburg, PA 17105 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Vice President of WAYPOINT BANK, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. WAYPOI NT pate: ~ ~~-~ ~~ ~ By: Senior Vice IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Commonwealth of Pennsylvania County of York Confession of Judgment Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant Hoop-Net Tour Productions, Inc.'s., last-known address is 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. Sworn and subscribed before me thisa?°~day of August, 2001 ~,.~- m.~.~,C. Notary Public s Benjamin . Rigg Attorney for Plaintiff i.D. No. 72030 My Commission expires Notarial Seal Sandm M. Aulbach, Notary Public Ciry of York, York County My Commission Expires May y3, 2005 Member, PennsyNaniaASSOCiationofNOtanes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment OFFICE OF THE PROTHONOTARY OF YORK COUNTY CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise mailing address of the Plaintiff is: P. O. Box 1711, Harrisburg, Pennsylvania 17105-1711 I hereby certify that the precise mailing address of the Defendant, Hoop-Net Tour Productions, Inc. is: 250 Oak Grove Court, Mechanicsburg, Pennsylvania 17055 By: Benjami F. Rig Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F1K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment NOTICE OF DEFENDANT'S RIGHTS TO: Hoop-Net Tour Productions, Inc. 250 Oak Grove court Mechanicsburg, PA 17055 A judgment in the amount of $24,127.04 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by your. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT T A JUDGE WITHIN THRITY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER ZO YOUR LA1(VYEER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND 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 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment CERTIFICATE OF SERVICE AND NOW, to wit, this ~ ? ~-- day of August, 2001, I, Benjamin F. Riggs, Jr., Esquire, attorney for Plaintiff Waypoint Bank of 235 North Second Street, Harrisburg, Pennsylvania, hereby certify that I served a true and correct copy of the Notice of Defendant's Rights filed in the above captioned matter by certified, first class mail, return receipt requested, as well as first class mail, postage prepaid, on the Defendant, on the ~-7 ~~- day of August, 2001, as follows: Hoop-Net Tour Productions, Inc. 250 Oak Grove Court Mechanicsburg, PA 17055 By: Benjamin F. Rig Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K1A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment NOTICE OF DEFENDANT'S RIGHTS TO: Hoop-Net Tour Productions, Inc. 250 Oak Grove court Mechanicsburg, PA 77055 A judgment in the amount of $24,127.04 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by your. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served an you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A',PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT T A JUDGE WITHIN THRITY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND 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 Telephone: (717) 249-3166 ... .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK FIK/A YORK FEDERAL SAVINGS , ~C.,__ AND LOAN ASSOCIATION AND No. - 4 //~ HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment NOTICE OF FILING JUDGMENT ( ) Notice is hereby given that a judgment in the above-captioned matter has b en entered against you in the amount of $ 24,127.04 on the day of August, 2001. ( ) A copy ofi all documents filed with the Prothonotary in support of the within judgment is/are enclosed. //////''''~J~J~J, . -~ ` ~~ Prothonotary Civil Div. If you have any questions concerning the above case, please contact the following party: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff 235 North Second Street P. O. Box 1711 Harrisburg, Pennsylvania 17105-1711 Telephone: (717) 815-4518 (This Notice is given in accordance with Pa. R.C.P. 236.) Notice sent: Hoop-Net Tour Productions, Inc 250 Oak Grove Court Mechanicsburg, PA 17055 .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: WAYPOINT BANK F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION and HARRIS SAVINGS BANK vs. HOOP-NET-TOUR PRODUCTIONS, INC. TO THE PROTHONOTARY OF THE SAID COURT: (XXX) Confessed Judgment ( Other File No. 01-5021 Civil Term Amount Due $24,127.04 Interest through 8-24-01 Attorney's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s). All personal property of Hoop-Net-Tour Productions, Inc., located at Diemler Trucking, 300 Mulberry Drive, Mechanicsburg, Pennsylvania 17055, as set forth below and attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-names garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) See attached list and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: ~ ~ Signature Print Name: Benjamin/F. Rigg>{{~,/ Address: P. O. Box 1711 Harrisburg, PA 17105-1711 Attorney for Waypoint Bank Telephone: (717) 815-4518 Supreme Cou rt ID No. 72030 ,~:b c ~? ~; ~ ~ ~ ~ -_ ~~ ~ ~;_ Ca? -~ - ~anx!~a~a~wnero'~ _ _ xaPa.,.m-xr rnaaT ..sue{e!WPR~TSrrxrv.rs = s ~K.-.w ~. rc,~"..:,. rrr -.,.:-,:e ~_aenr"mirtgx=aXa%q+ uE« ~,,. HOOP-NET-TOUR PRODUCTIONS, INC. LIST OF PROPERTY All business assets of Hoop-Net-Tour Productions, Inc., including but not limited to the following: 1 Roll-away deluxe portable basket 24 Baskets in good shape (12 sets) 4 Baskets in need of work (2 sets) 30 Rims Push Brooms 1 Generator 6 - 8 Folding tables 1 Tent 4 - 6 Table skirts 6 Garbage cans 1 Garbage can liners 1 Case of tape 1 Shoot-away 1 Tool set and drill Miscellaneous parts and basket hardware 30 Metal plates for baskets/protective pads 2 Sound system speakers 1 Sound system 50 Used basketballs Hoop-Net apparel Over run tournament shirts ~ 6 1 P `N I",/ SL \ ~ -n -: AA Cam' =iC a ~ 1° '\ `~~^ 1 ~ (`\- ~1yA`` T~ A^V` V i - w~~Fr.~,9.marwrmiMnveu~edesmnw.x~sw~aamc~rc~e. _ y+a~cnr~a=m.~nm~cw-a^..,-,~-- _ .__.~ d'v v.,n .a., ._~ _ ~•: ca~ew+r+a~~y.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No, c7 /- s'o.~ / C',w,' / eiz rn HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment NOTICE OF DEFENDANT'S RIGHTS TO: Hoop-Net Tour Productions, Inc. 250 Oak Grove court Mechanicsburg, PA 77055 A judgment in the amount of $24,127.04 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by your. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT T A JUDGE WITHIN THRITY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND 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 Telephone: (717) 249-3166. ~~~~r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. a/- Sadi C~%~=! /~ "'`- HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment CERTIFICATE OF SERVICE AND NOW, to wit, this ~ 7 ~-- day of August, 2001, I, Benjamin F. Riggs, Jr., Esquire, attorney for Plaintiff Waypoint Bank of 235 North Second Street, Harrisburg, Pennsylvania, hereby certify that I served a true and correct copy of the Notice of Defendant's Rights filed in the above captioned matter by certified, first class mail, return receipt requested, as well as first class mail, postage prepaid, on the Defendant, on the a~ ~'~ day of August, 2001, as follows: Hoop-Net Tour Productions, Inc. 250 Oak Grove Court Mechanicsburg, PA 17055 By: ~ ~. Benjami F. Rig , Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 .-. .. t~ ...~ I..J. i,;;J f.1 t..:. ~;~ ~:.:: ~% L.: ~ .. ti (Nj~~ _ n ~ O 3 ~'O ~ ~ ~ ~ O O N ~ n~ yoo c a M ~ O. ~ ~ ~ N 7 C) 4 a V 2 d N P C IC 9 m N d d V O N O O O t-' In W O O O O ~ i r UI Ln O o 0 0 p^~ W' 1- '.~ IN (~ ^00^ c ooaZ ~ &..~ a^ . ' ' ~ ~c ~ - yo~ ~ ,"~- ± ~ ~ . rmcay= m.2-ICJ '~ -... ~ i~j..-, _ e~ ym=OT ?' ~I ~ { oy 3 om c a o ~prmti ~ a 's aa~z x yNyOm O99L~N O mZN Oy 9 m ~ / N N 7R~A_ / O ~ ti x a O cnc~a ~- --% y `OdJt p. i; w_ ~ Cif j ~~~ Ym ~} . G^? f ~~~ >. ~ ; I ~ ,: M' "~4 ~ ~ ~ F p i'~ ,s~x ;iflST_CLR Please Time-Stamp and Retum to me. ~. _ fihank Yoa. IN THE COURT OF COMMON PLEAS OF CUMBERLAND iCOUNTY, PENNSYLVANIA ' CIVIL ACTION WAYPOINT BANK `~--° °°`°'" F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant r, _. , _,, ~~t ~' ~.~: Confession of Judgmenf.r ~~~ c- CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached hereto, I appear for the above Defendants and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Principal Balance Interest through 8-24-01 Late Charges Reasonable Attorneys Fees (10%) $21,077.43 $ 584.88 $ 356.98 $ 2,107.75 Total Judgment entered as above. $24,127.04 ~t- c:: Benjam' F. Riggs, r. Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 ,~ ~~ ' Please Time-stamp and Return to me. Thank You. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment COMPLAINT .,~. ~~ <~. AND NOW, to wit, this E;1 ~'~^~ day of August, 2001, comes Waypoint Bank ,Plaintiff, by and through its attorney, Benjamin F. Riggs, Jr., and files this Complaint upon a cause of action whereof the following is a statement: 1. The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 235 North Second Street, Harrisburg, Pennsylvania. 2. The Defendant, Hoop-Net Tour Productions, Inc., a Pennsylvania business corporation whose principal address is 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. That attached hereto and incorporated herein by reference thereto is a copy of the original instrument executed by the Defendant authorizing confession of judgment (Promissory Note dated April 8, 1999). ~. , 4. The attached instrument has not been assigned. 5. That the judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951(a)(2). 6. That judgment has not been entered on the attached instrument in any jurisdiction. 7. The attached instrument provides for confession of judgment against the Defendant, at the Plaintiffs option. Plaintiff has exercised its option to confess judgment pursuant to the terms of the instrument for an amount which the Defendant may become liable. 8. As a consequence of the foregoing, the Defendant is liable to the Plaintiff as follows, as of August 24, 2001: Principal Balance $21,077.43 Interest through 8-24-01 $ 584.88 Late Charges $ 356.98 Reasonable Attorneys Fees (10%) $ 2,107.75 Total $24,127.04 WHEREFORE, Plaintiff Waypoint Bank demands judgment against the Defendant in the total sum as authorized by the Warrant appearing in the attached instrument. By: Benjami F. Riggs, Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 1. D. No. 72030 HARRI S° ~ SAVINGS BANK PROMISSORY NOTE use only and do not limit the applicability bf this document to any particular loan or item. BOrrOWer: HOOP-Net Tour Productions, inc. Lender: Harris Savings Bank 250 Oak Grove Court 234 N. Second Street Mechanicsburg, PA 17055 P O Box 1711 Harrisburg, PA 1770E Principal Amount: $40,000.00 Initial Rate: 9.250°,6 Date of Note: April 8, 1999 PROMISE TO BAN..Hopp-Net Tour Productions, Inc. ("Borrower") promises to pay to Harris Savings Bank ("Lender"), or ortler, in lawsut monek of the Uniietl Sidles o} America, the principal amount of Forty Thousand & 00/100 Dollars ($40,000.00), together with interest on the unpaid principal.balence hom April 8, 1999, until paid in full. PAYMENT. Subject to arty payment changes resuting 4rom changes in the Index,. Borrower willpay.this loan-in 47 principal payments of $533.33 eaph and one final principal and interest payment pf $940.73. Borrower's first principal payment is due May t, 1999, and all subsequent principal payments:,are due on the same day of each month after that. In addition, Borrower will pay regular monthty payments of all actlriji;d Unpa(Yl interest due as ofeaeh payment date. Borrower's Brst interest payment is due May 1, 7999, and ail subsequent .interest paymRate are due on the same tlay of each month after that. Borrower's final payment due April 7, 2003, will be for all principal end accrued intere~t'not yet paid. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a-,year of-360 days, multiplied. by the outstanding prncipal balance, multiplied by the actual bumber, of days.the pdncipal balance is outstanding. Borrower will-pay Lender at Lender's address shown above or at such' other place as Lender may designate in wilting. Unless dtherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. - VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index'. This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy cprpprate customers. This rate may or may opt be the lowest rate available from Lender at any given time. Lender will tell Bonower the curzent Index. rate upon. Borrower's request. Bonower understands that Lender may make loans based on other rates as well. The interest mte change will~no4,occur more often than each Day. The Index currenllY fs 7.250% per annum. The Interest rate to be epplietl to the ubpaitl principal balance of ihlS~NOte will be at a rate o} 1.500 percentage ppintsb~er the Index, resulting in an initial rate of 9250% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PRERAYMENT. Borrower maypay'all or a portion of the amount owed earlier than it is due. Early payments will not, unless Agreed to by Lender in wiltng, relieve Borrower of Borrdwer's obligation to continue to make payments under the payment schedule. Rather; they will reduce the principal balance due and may result in 9dnower making fewer payments. LATE CHARGE. If s payment is 15 tlays or more Tate, Borrower will be charged 5.000% of the regularly scheduled payment or $10;00, whichever is greater. DEFAI&T. Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due.- (b) Borrower breaks any promise, Bonower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligatidn, covenant, -or condition contained in thisNote or any agreement related to this Note; or in'any other agreement or loan Borrower has with Lender. (d) Any representation or statement mane or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any materiel respect-either now or at the time made-Or furbished. (d) Borrower tiecomes insolvent, a receiver i5 appointed for any part of Borrower's property;;BOrrower makes an assignment for the benefit of creditors, or anyproceeding is commenced either by Bonower or against Borrower under any-barikruptGy or insolvency laws. (e) Any creditor kies.to take any of;BorrowePs properly on or in which Lender has a lien or security interest. This trncliltles a garnishment-of any df Borrower's accounts with Lender (f) Any guarantor dies or any of the other events described in this defauff sectiondapurs with respect to any guarantor of this Note. -(g) A material adverse-change occurs in Borrower's -financial condition, or Lender believes the prospect of payment or performance of the Indebtedness-is impaired. (h) Lender in good faith deems itself insecure. If any default; other than a-defaultin payment, is curable and if Borrower has not been given a notice of a breech of the same provision of this Note withibthe-preceding twelve ~(12) months, it may be cured (andno event of default will have occurzed) If Borrower, after receiving written orifice from Lender demAnding~ cure of such default: (a) cures the default within fifteen (15) days; or {b) if the cure requires more than fifteen (15) days, immedj8(ely initiates;etepsWhich Lebder deems in Lender's sole discretion to be sufficient to cure the default ebd thereafter continues abd completes all reasonable arid~ rieceesary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices es required by applicable law, declare~.the enfire unpaid principal balance on this Nofe end all accrued. unpaid interest immediately due, and then Borrower will pay that amount. Upbn default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, 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 permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Bonower does not pay'. Borower also will pay Lender that amount. This includes, subject to arty limits under applicable law, Lender's attorneys' fees and Lender's Iegai`expenses whether or not there is a lawsuit, including attorneys' fees and legelexpenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post=judgment collection services. If not prohiliiied byapplicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. Itjudgment is entered in connection with this Note, interestwill continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. Th'taNpte;has been delivered.-p LenAe[ and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Borrower agrees upon gender's request to eubMR[io the jurisdiction of the courts of Dauphin County, the Commornveallh of Pennsylvania. This Note shall be governed by antl construetl in acoordanee with the taws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, end hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, fitle and interest in and to, Borrower's accounts with Lender (whether checking, savings, or. some other account); including Withopt limitation all accounts held jointly with someone else and all accounts Bonower 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 this Note against any and all such accounts. ... me~+momnm~m+~s~gq mm 04-08-1999 PROMISSORY NOTE Page 2 Loan No 8876000791 (Continued) COLLATERAL. This Note is secured by a Mortgage dated April 8, 1999, to Lender on reel property located in York County, Commonwealth of Pennsylvania, a Mortggg@, dajgd April 8, 1999, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, and a Morgage dated. Apol.-8, 1999, to Lender on realproperty located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incoryomted and made a part of this Note. SECURITY. All collateral (as herein defined) is security for this Note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present dr future indebtedness, obligations and undertakings (whether individual,, joidt, general, direct, contingent or otherwise) of the Borrower to or far the benefit of Lender, whether arising directly to Lender under this Note or under any other agreement, promi5spry note or undertakings now existing or hereinafter enteredinto by the Borrower to Lender. The term "Collateral" includes all tangible and iritafigitile property (i) described in any mortgage, assignment or any other security document separately executed in favor of Lender pusuaat to this Note, and (ii) in which a security interest has been granted to Lender pursuant to this Note. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or.remedies under this Note .without losing them. Borrower and any other person wFie signs, guarantees or endorses this Note,.to 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 Note, whether as maker, guarantor, accommodation maker or enddrser, shall be released from liability. Allsuch parties agree that Lender may renew or extend,(repeatedly and for any length df tiine)'ttiis loan, or release any party or guarantor or collateral; or impair, fail td realize upon or perfect Lender's securiy interest in the collateral; and take any other action deerried necessary by Lender without the consent of br notice to anyone. All such parties also agree that Lender may modify this ldan without the consent of or notice to anyone other than the pally with whom the modification is made. If any portion of this Note is for any reason determined to be unenforceable, It will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDERTHIS NOTE-, AND VdITH OR WITHOtIF COMPLAINT FILED, AS OF ANY TERM, CONFF$uS OR'ENTER JUDGMENT AGAINST BORROWER FOR THE-ENTIREPRINCIPAL 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 WTTH'COSTS OF SUIT, AND AN ATTORNEY'S COMMISSIOM OF TEN' PERCENT (10%)OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THANFIVE HUNDRED DOLLARS ($600)-ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE D(ECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF PHIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER-SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER 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 BORR0INERHAS @EEN'~'REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO'THE',FOFiEGOING AUTHORITY SHALL NOT EXTEND TO ANY OF BORROWER'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED. IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS,pMENDED;,AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NO,T, IN ENFORCEMENT-OF ANY SUCH JUDGMBNT„EXECUTE, LEVY OR OTHERWISE PROCEED AGAINST;ANY SUCH RESIDENTIAL.REAL PRORERTY; PROVIgED,-HOWEVER, THAT THE LIEN OF SUCH JUDGMENT SHALL EXTEND TO SUCH RESIDENTIAL REAL NROPERTY AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO IXECUTE, LEW OR PROCEED AGAINST SUCH RESIDEhfT1AL REAL PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 OF SUCH LOAN .INTEREST AND PROTECTION LAW ANp RULES 2987 TO 12986 OF THE PENNSYLVANIA RULES OF.CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR.STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEVY OR OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT. PRIOR TO SIGNING TH,IS.NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE "PROVISIONS. BURROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE MUTE. PHIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: Hoop-Net ur Protluctions, Inc. B tj~~~,, :r ;; ~) Charles L. NON, Preatdent LENDER: ~ Harris S vings Bank ~ ? Authorized Officer Variable Rate. Prlndpal+Interest. LASER PRO, Reg. U.S. Pat. & T.M. Orf., Ver. 3.29b (c)1999 CFI ProServices, Inc. Ali rights reserved IPA-02(1 HOOP.LN C2.OVLl DIS....OSURE FOR CONFESSION OF JUDGIVI~ i DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING, THIS EIGHTH DAY OF APRIL, 1999, A PROMISSORY NOTE FOR 540,000.00 OBLIGATING THE BORROWER TO REPAY THAT AMOUNT. A I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMTT LENDER TO ENTER JUDGMENT AGAINST THE CORPORATION IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO THE CORPORATION AND WITHOUT OFFERING THE CORPORATION AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF THE CORPORATION'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST THE CORPORATION UNDER THE NOTE, I, IN BEHALF OF THE CORPORATTON, AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXP Y AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST THE CORPORATION BY CONFESSIOD~~OVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER .RJDGMENT AGAINST THE CORPORATION WTTHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD- PERMIT LENDER, AFTER ENTRY OF JUDGMENT;' TO EXECUTE ON THE IUDGMENT BY FORECLOSING UPON, ATTACHING; LEVYING ON, TAKING POSSESSION OF OR OTHER WISE SEIZING THE CORPORATION'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO THE CORPORATION UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED IUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON-THE JUDGMENT, I AM KNOW LY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDE S GUYING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INTTIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE, 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. i CERTIFY.THAT THE CORPORATION'S:ANNUAL INCOME EXCEEDS $10,000.00; THAT T'HE'B~~iNKS.IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED TT; AND THAT I RECEIVED A"COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. APFIANT: By: ~~L.~ Charles L. Noel, President :~ ., ~~, Borrower: Hoop-Net Tour Productions, Inc. Lender: Hams Savings Bank 250 Qak Grove Court .234 N. Second Street Mechanicsbwg, Pa. 17055 P.O. Box 1711 Harrisburg, PA 17105 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Vice President of WAYPOINT BANK, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. WAYPOI NT SAN K Date: ~ L~ ~~ ~ Harry M.~Zir Senior Vice IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/KIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Commonwealth of Pennsylvania County of York No. Confession of Judgment Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant Hoop-Net Tour Productions, Inc.'s., last-known address is 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. Sworn and subscribed before me this~?'~day of August, 2001 ~,~oL. Y,Y'} ,~.~..~.fl~..C Notary Public s Benjamin . Rigg Attorney for Plaintiff I.D. No. 72030 My Commission expires: Notadat Seal Sandra M. Aulbech, Notary Public City of York, York County My Commission Expires May 23, 2005 Member, PennsyNanlaASSOCiation ofiNotaries +w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant No. Confession of Judgment OFFICE OF THE PROTHONOTARY OF YORK COUNTY CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise mailing address of the Plaintiff is: P. O. Box 1711, Harrisburg, Pennsylvania 17105-1711 I hereby certify that the precise mailing address of the Defendant, Hoop-Net Tour Productions, Inc. is: 250 Oak Grove Court, Mechanicsburg, Pennsylvania 17055 By: r Benjami F. Rig Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment NOTICE OF DEFENDANT'S RIGHTS TO: Hoop-Net Tour Productions, Inc. 250 Oak Grove court Mechanicsburg, PA 17055 A judgment in the amount of $24,127.04 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by your. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT T A JUDGE WITHIN THRITY (30) DAYS AFTER THE DATE ON WHICH THiS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND 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 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment NOTICE OF FILING JUDGMENT ( ) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $ 24,127.04 on the day of August, 2001. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Div. By: If you have any questions concerning the above case, please contact the following party: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff 235 North Second Street P. O. Box 1711 Harrisburg, Pennsylvania 17105-1711 Telephone: (717) 815-4518 (This Notice is given in accordance with Pa.R.C.P. 236.) Notice sent: Hoop-Net Tour Productions, Inc 250 Oak Grove Court Mechanicsburg, PA 17055 ~~~. _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. HOOP-NET-TOUR PRODUCTIONS INC Defendant Confession of Judgment CERTIFICATE OF SERVICE AND NOW, to wit, this a 7 ~'~-- day of August, 2001, I, Benjamin F. Riggs, Jr., Esquire, attorney for Plaintiff Waypoint Bank of 235 North Second Street, Harrisburg, Pennsylvania, hereby certify that I served a true and correct copy of the Notice of Defendant's Rights filed in the above captioned matter by certified, first class mail, return receipt requested, as well as first class mail, postage prepaid, on the Defendant, on the a-7 ~"`- day of August, 2001, as follows: Hoop-Net Tour Productions, Inc. 250 Oak Grove Court Mechanicsburg, PA 17055 BY: Benjamin F. Rige , Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 ^ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ .Print your name and address on the reverse ~so that we can return the card to you. ^ Attach this card to the back of the mailpiece, 'or on the front if space permits. 1. (Article Addressed [o: /-/OOy~ /VET ~l9CCr /~/D~tlcf: o7s0 Oaf (ruts Gov,-¢ /+~'lechcnicsburg /J~ / 7 oSS A. Received by (Please Print Clearly) G Signature X ^ Agent _.. ^ Addressee D. Is delivery address tlifferem from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type ~Ci ertifled Mail ^ Express Mail - ^ Registered ^ Return Receipt for Merchantliee ^ Insured Mail ^ C.O.D. 4. Restric[etl Delivery? (Extra Feel ^ y~ 2. i4rticle Number (Copy from service label) '7000 /530 ooay Sooo va3a PS Form'3817, July 1899 Domestic Return Receip[ 10269500-M•g952 (L O .,~"T ~.. w~ a :^.y "._ j %„1 a..i 4._. S O Postage $ O ~ t rl Cenifletl Fee Postmark ~. Reium Receipt Fee Here ~ (Endorsement Requlretl) ' O Restricted delivery Fee p (Entlareement Requlretl) @@ 2 /~ ~~ O~ ~ Total Postage aFeea .p `~' `~ m t+t ~ Sent TO ' ~" /-raa/0 ~ /l~e ~ / 0 u 0 Street, Apt. No.; or PO sox No. O O ............................ Ctty, State, ZIPS 4 ................................... .................................. M1 U, May 10VC Waypoint Harrisburg, Pennsylvania 17105 ~_ ,° ~~ ,» X15 ~~St~~ qk 7[7~~ 1~i30 0004 5000 432 YL 7 ~^~ ~ ~ ~~..~ J Hoop-Net Tour Productions, Inc 250 Oak Grove Court Mechanicsburg, PA 17055 o rotaiPOSta9eaRaea $ ~'~0"ljd m ~~T i`i'`. ^ INSUFFICIENT ADDRESS OTHER i ^ ATTEMPTED NOT KNOWN ^ NO SUCH NUMBER/STREET N0T DELIVERABLE AS ADDRESSED j -UNABLE TO FORWARD ',aid ., , '~";;i ... ... } I li??fll???I?3?litiF???I?i!??'. ila s??}?t?ill s?.I73;.?l~it?Ii;IC?ll nt O Postage $ ~ Cerflfletl Pee LtI ~- Retum Receipt Fee Postrnerk ' ~ (Endorsement Requirstl) Here O Resmcted Celivery Fee O (Fntlarsemant Requlretl) ~sentra~»nn ii~a~ Jii:r/ ~ Streat Apt. No., or PO Hox No. O O _________________________________________________________________________________________________ ~ Wty, State, ZIP+4 :11 IIII .. _ _.. ^ SHERIFF'S RETURN - OUT OF COUNTY .CASE~NO: 2001-05021 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS HOOP-NET-TOUR RODUCTIONS INC 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 HOOP-NET-TOUR PRODUCTIONS INC but was unable to locate Them deputized the sheriff of FRANKLIN to wit: in his bailiwick. He therefore serve the within WRIT OF EXECUTION County, Pennsylvania, to On December 27th 2001 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 24.90 .00 49.90 12/27/2001 WAYPOINT BANK So answ ~ _- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ,~~ day of o2lrpy A.D. ~. n ~~ ~ ., Prothonota :~ SHERIFF'S RETURN - REGULAR CASF, NO: 2001-05021 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET VS HOOP-NET-TOUR RODUCTIONS INC MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF EXECUTION, CONFES was served upon HOOP-NET-TOUR PRODUCTIONS INC the DEFENDANT at 1947:00 HOURS, on the 20th day of December 2001 at 905 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to CHARLES L. NOEL a true and attested copy of WRIT OF EXECUTION, CONFES together with OF JUDGEMENT, NOTICE OF DEFENDANT'S RI and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this .~.u( day of 'u ~~u-eCw rothonotary So Answers: R. Thomas Kline 12/27/2001 WAYPOINT BANK By: Deputy Sheriff ~n ~'he Court of Coaxfl~non Pleas of Curnl>serlancl County, Pennsylvania Waypoint Bank, et. al. VS. Hoop-Net Tour Productions, Inc. c/o Charles v. Novi, president No. 01-5021 Civil Now, 1z/4 /01 , 20`, I, SHERIFF OF CC.TMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to a acid made known to copy of the original the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this ~ day of , 20~ MILEAGE AFFIDAVIT =~ SHERIFF'S RETURN - REGULAR ~CASE,NO: 2001-50210 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN`' WAYPOINT BANK ET AL VS NET TOUR PRODUCTIONS INC JOHN RIDGE - DEPUTY Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGEMENT, was served upon HOOP NET TOUR PRODUCTIONS INC the DEFENDANT at 0945:00 Hour, on the 11th day of December 2001 at 567 PLEASANT STREET CHAMBERSBURG, PA 17201 by handing to CHARLES NOEL a true and attested copy of CONFESSION OF JUDGEMENT, together with NOTICE OF DEFENDANT'S RIGHTS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4.00 Surcharge .00 Mileage 2.90 24.90 Sworn and Subscribed to before me th~~_ day of ~, A.D. So Answers: JOHN I E - DEP Y By Dep ty Sheriff 12/11/200 CUMBERLAN COUNTY SHERIFF tarlal Seal Patricia Strine niotarryy public Chamber., !ern a~~ :nklin County MY Commission cnN,. ~s Nov. 4, 2004 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor ~o~,~t~ of ~Cunr~ert~~d ,, ~ ~~ ,~ ' y~.~ OFFVCE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 ./ FEBRUARY 21, 2002 WAYPOINT Bank, et. al. VS Hoop Net Tour Productions, Inc. C/o Chuck Noel; President No. 2001-5021 Civil Term Properly Claim Determination Dear Sir, RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy r, G., ~ , C. v.., ,. _ ,~ rn _ 2-z`. `fir-; y '•:? -`~', _s _ '" %' rv -~ Reference is made to Property Claim dated February 11, 2002 entered by Keith Brooks pertaining to Execution No. 2001-5021 Civil Term, WAYPOINT Bank, et. al. -vs- Hoop Net Tour Productions, Inc., c/o Chuck Noel, President. R. Thomas Kline, Sheriff, has determined that the claimant, Keith Brooks in the above mentioned property claim, is prima facie the owner of the property set forth therein. So Ans s: ~~ ~° R. Thomas Kline, Sheriff By ~~`b cc: Benjamin Riggs, Atty for Pltff. Hoop Net Tours, c/o Chuck Noel, Pres.,Deft. Keith Brooks, Claimant ~- a PROPERTY CLAIM 'ti)c{:~ E~~,N~{ ~~n1C V S. I l C7(~ ~'C_"~ ~ ~~ ~ 6 ~O TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. ~ ~ _ cJ ~-~ The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE 1 O 1~Fc~rse ~~~ 6Kne,t ~--u2 ~7C0- "~ Date ~ / // / D j Claimant ~~ State of Pentisyly ia: County of Cumberland G i ~ /J u~LIL) /~S being du y sworn according to law, deposes and says that the above list in the property claim aze correct and true. S orn su~ ~ { I ~- Claimant tarjy~ ~lssion Expires April 4, 200 .~~~~z . R. Thomas Kline, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on February 15, 2002, at which time one Great Dane Trailer, GVRW 50,000, Vin. No. 1GRAA9029LB065001, Reg. No. XG-53164 and its contents were sold to Lorin and Sandra Stough, for the sum of $ 13, 261.02, it being the highest bid and best price-quoted for the Same. Date and Time of Sale, Friday February 15, 2002 at 11:00 A.M.E.D.S.T., at, 300 Mulberry Drive, Mechanicsburg, Pennsylvania 17055. This writ is returned STAYED, as per instructions from attorney. Sheriffs Costs: Advance Costs: 341.94 ~ Sheriff's Costs: 341:94 Docketing $ 18.00 000.00. N Poundage 260.02 -- Advertising 10.00 Law Library .50 Refunded to Attorney on 3/4/02 Prothonotary 1.00 Milage 12.42 Surcharge 20.00 Levy 20.00 341.94 Sworn and Subscribed to before me this !b"= day ~m~..,i,~ 2002 A.D. PROTHONOTARY So r '. Thomas Kline, Sbj~ri By 1 ~ ~t`~tt)Kkf,~~ ~~~ ~ 351(, /27~a~ $32.50 COMMONWEALTH OF PENNSYLVANIA) COi1NTY OF CUMBERLAND) WRIT OF EXECUTION and/or ATTACHMENT TO THE SHERIFF OF _ Cumberland COUNTY: To satisfy the debt, interest and costs due Waypoint Bank F(K(A Federal Savings and Loan association and Harris Savings Bank PLAINTIFF(S) from Hoop~Net-Tour Productions, Inc. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell All personal property of Hoop-Net-Tour Productions, Inc., located at Diemler Trucking, 300 Mulberry Drive, Mechanicsburg, Pennsylvania 17055, as set forth belov~ and attached (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of See attached list as follows: and to notify the gamishee(s) that: (a) an afiachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) Itpropertyotthedefendant(s)notlevieduponansubjectloattachmentisfoundinthepoSSessionofanyoneother than a named garrrishee, you are directedto notify himfherthat helshe has been added as a garnishee atxi is enjoined as above stated. Amount Due s24 127 04 Interest through 8'24-01 Atty's Comm Atty Paid _ Plaintiff Paid Date: NO. 01-5021 CIVIL 19 CIVIL ACTION -LAW L.L. Due Prothy _ Ofher Costs $1.00 November 19, 2001 REQUESTfNG PARTY: Name Beniamin F. Riggs Jr. Esq. Address. Harrisburg, PA 17105-1711 Attorney tor. waypoint Bank __ '; Telephone: (-Zi ~ i n i ~-a 51g ?. Supreme Court ID No. ~2nzn 9 I SCHEDULE OF DISTRIBUTION Date Filed: February 20, 2002 Writ No. 2001-5021 Civil Term WAYPOINT BANK, F/K/A Federal Savings & Loan Association and Harris Savings Bank VS Hoop-Net-Tour Productions, Inc. Date of Sale: Febmary 15, 2002 Bid Price: $13,001.00 Real Debt $ 24,127.04 Interest Attorney Writ Cost 32.50 Attorney's Commission Total $ 24,159.54 Distribution Total Collected $ 13,261.02 Sheriff s Costs $ 341.94 Credit Writ No. 2001-5021 Civil with $ 12,919.08 So Answer f R. Thomas Kline Sheriff ' / ~- ,~ 3h~ SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION N0.2001-5021 CIVIL TERM ISSUED OUT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND TO ME DII2ECTED, I WILL EXPOSE TO PUBLIC SALE ON FRIDAY THE iSTg OF FEBRUARY 2002 AT 11:00 A.M., THE PROPERTY OF HOOP-NET TOUR PRODUCTIONS, INC, C/O CHARLES L. NOEL, PRESIDENT, AT, 300 MULBERRY DRIVE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWING PROPERTY TO WIT: GREAT DANE TRAILER GVWR 50,000 VIN. NO. 1GRAA9029LB065001 REG. NO. XG-53164 PONTIAC BONNEVIL~~yyE__ ~ . NO. DTN136T M~-+'~"-~ ~e9i$}rct~io,n (~~. ~ ~Tr~ i3l~a Vehicle can not be sold 2/15/02 LARGE TRASH CANS (5) PLASTIC LAWN CHAIRS (~~ p~„(-, ~~~ PORTABLE TENT W/CANAPY 0 HORSEPOWER GENERATO 1 ',Y ~~t~~ ASSORTED BANNERS ~. ~_ ~~ 07 ~ ~ ~ I vL.~ BOXES OF SHIItTS AND SHORTS (APPROX. 10) l~U./ 1 4~Ip~- S'.Q,(' LINE PAINT (1 BOX) W/SPRAYER BASKETBALLS (25) CLIPBOARDS (10) HOOPS W/NETS (26) HOOP STANDS WBACKBOARDS MANUFACTURED BY SHUTT SPORTS (30) - 4 X 8 TABLES (7)-~,e~pfrON VARIOUS HARDWARE FbbR BASKETS MISC. NYLON COME-A-LONG STRAPS MISC. TABLE SKII2TS FOUL SHOT "SHOOT -A-WAY" W/NET (A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE OF FIFTY-FIVE DOLLARS ($55.00) (B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. (C) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS OFFICE ON THE 20~ DAY OF FEBRUARY 2002 NOT LATER THAN FIVE (5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED WITHIN THE TEN (10) DAYS THEREAFTER. TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL PROPERTY SEIZED AND TAKEN HV EXECUTION AS PROPERTY OF HOOP-NET TOUR PRODUCTIONS, INC., C/O CHARLES NOEL, PRESIDENT, AT, 300 MULBERRY DRIVE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 POSTED _,j~C,~ D q/`~ ~` ~~'~ CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according .to law, he sold .one Great Dane Trailer; GVWR 50,000, Vin: No. 1GRAA90'L9LB065001 Reg. No. XG-53164, and its contents to, Lorin and Sandra Stough, P.0. Box 429, 5 Meadowview Drive, Dillsburg, PA 17019, for the sum of $ 13,261.02, it being the highest bid and .price quoted for the same. Date and Time of sale, Friday, February 15, 2002 at 11:00 A. M. E. D. S. T., at 300 Mulberry Drive, Mechanicsburg, Pennsylvania, SWORN AND SUBSCRIBED TO BEFORE ME THIS v~('f'' DAY OF 2002 CLAUDIA A. BREWBAKER, NQIARY PUBLIC Carlisle Borp, Cumberland County My Commission Expires April 4, 2005 SO AN WE ; J~yzeG 2. THOMAS KLINE, SHERIFF ;~.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No.: 01-5021 Civil Term HOOP-NET-TOUR PRODUCTIONS INC. Defendants PRAECIPE TO DISMISS AND SATISIFY Please dismiss and satisfy the judgment that was filed on August 28, 2001 in the amount of $24,127.04 in relation to the above-referenced matter. `72 ~! Benjamin .Riggs, Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 o ~~ ' ~ -~E,: q =;. - ff.. B , ~~ 3a t'- ':.. C7 ' :- ,~ 7 , "-' c'~ K Y/~ ~U .. _ .~. ,_ ~.. _m~ms m.~:.m. ~ a mwt~&'rr."~yAi~'Ai~?9~d"k5'~±i~N.R~6.. -a.