Loading...
HomeMy WebLinkAbout99-05471 fy i wiMf xj , 4 }f N- M. A - f..i sF2a? f j ' M I I C, fl ;1c 1? ,x r r. r , 177, a .1t3 Y?I yE 1 S.v 1 y fi A f?? I P:: X tN `•iJf i1 Al Y? f¢t ?A;. BINGAMAN, HESS, COBLENTZ 6 BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 660 Berks County Bank Building 601 Penn Street P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 Attorney for Plaintiff IN THE COURT OF COMMON PLEA3 OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST UNION NATIONAL BANK successor by merger to Meridian Bank, Plaintiff Vs. JOHN W. LANE, Defendant No. 99-5471 Civil CIVIL ACTION - LAW CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS RIGHTS To: John W. Lane Three South 40"' Street Camp Hill, PA 17019 A judgment in the amount of $12,774.10 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4`' Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone 717-240-6200 Dated: l / BIND HESS, C LENTZ & BELL, P.C. By: 4 K en eryo' o e c. r, Esquire At ney I. . No 4 93 660 Berks Cou t k Building 601 Penn Stree P.O. Box 61 Reading, PA 196 3 (610) 374-8377 .:.............. ,.. - - e ? C ??f C.. L? BINGAMAN, HESS, COBLENT2 & BELL, P. C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST UNION NATIONAL BANK, successor by merger to Meridian Bank, Plaintiff VS. JOHN W. LANE, Defendant NO. qq - _j W v `mil CIVIL ACTION - LAW CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT I appear for the Defendant, John W. Lane, pursuant to the authority contained in the Confession of Judgment Clause in the Surety Agreement executed by the Defendant, John W. Lane, in favor of the Plaintiff, a true and correct copy of which is attached as Exhibit °B" attached to the Complaint filed in this action, and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Principal Balance: $11,762.83 Interest through 08/19/99 at the Prime Rate plus 3.5% currently 11.5% per annum ($3.75757 per diem): 11.27 Attorney's Fees: 11000.00 TOTAL: $12,774.10 together with interest at the Prime Rate plus 3.5%, currently 11.5% per annum ($3.75757 per diem) from August 19, 1999 forward, and for all additional attorney's fees and costs of suit. WHEREFORE, the Plaintiff demands judgment against the Defendant, John W. Lane, in the total amount of $12,774.10 together with interest from August 19, 1999 forward at the Prime Rate plus 3.5%- (currently 11.5% per annum, $3.75757 per diem), all additional attorney's fees, and costs of this action. DATE: a I? I"o(( BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: dA?Uk --Z Karen Feryo Longenecker) BINGANAN, HESS, COBLENTZ & BELL, P. C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST UNION NATIONAL BANK, NO. successor by merger to Meridian Bank, Plaintiff VS. JOHN W. LANE, CIVIL ACTION - LAW Defendant CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT 1. The Plaintiff, First Union National Bank (the "Bank"), successor by merger to Meridian Bank, is a national banking association maintaining an office at 600 Penn Street, Reading, Pennsylvania 19603. 2. The Defendant, John W. Lane, is an adult individual with a current address of Three South 40th Street, Camp Hill, Pennsylvania 17019. 3. On or about July 13, 1994, J-Bar Inc. executed and delivered to Meridian bank, a Promissory Note (the "Note") in the principal amount of $20,00.00. The Note was amended on November 14, 1994, October 6, 1995, and December 17, 1997 (collectively, the "Amendments"). The November 14, 1994 Amendment raised the principal amount to $27,500.00. The October 6, 1995 Amendment established the principal amount at $22,754.45. The December 17, 1997 Amendment extended the due date and included a prepayment fee rider. True and correct copies of the Note and Amendments are attached hereto as Exhibit "A" and incorporated herein by reference. 4. On or about November 14, 1994, the Defendant, John W. Lane, executed and delivered to Meridian Bank, a Surety Agreement which included a Confession of Judgment clause (the "Surety Agreement"), by which he became surety for the indebtedness of J- Bar Inc. to Meridian Bank under the Note. T. true and correct copy of the Surety Agreement is attached hereto as Exhibit "B" and is incorporated herein by reference. 5. On or about June 28, 1996, Meridian Bank merged with CoreStates Bank, N.A. On or about May 15, 1998, CoreStatea Bank, N.A. merged with First assigned Union National Bank. The Bank has not thereof. the Note or the Surety Agreement and is the holder . 6. The Defendant has defaulted in the obligations under the Surety Agreement by failing to make payments when due. The Surety Agreement permits entry of judgment by confession against the Defendant at this time. 7. Judgment has not been entered against a natural person in a consumer transaction. The loan to J-Bar Inc. was for business purposes. 8. Judgment has not previously been entered on the Surety Agreement in any other jurisdiction. 10. The Defendant is liable to the Plaintiff under the Surety Agreement as follows: Principal Balance: $11,762.83 Interest through 08/19/99 at the Prime Rate plus 3.5% currently 11.5% per annum ($3,75757 per diem) : 11.27 Attorney's Fees: TOTAL: 1.000.00 $12,774.10 together with interest at the Prime Rate plus 3.5%, currently 11.5% per annum ($3.75757 per diem) from August 19, 1999 forward, and for all additional attorneys fees and costs of suit. WHEREFORE, the Plaintiff demands judgment against the Defendant, John W. Lane, in the total amount of $12,774.10 together with interest from August 19, 1999 forward at the Prime Rate plus 3.5% (currently 11.5 % per annum, $3.75757 per diem), all additional attorney's fees, and costs of this action. BINGAMAN, HESS, COBLENTZ & BELL, P.C. B? Karen Feryo I ngeneck r Attorneys for First Union a onal Bank Meridian Bank s 20,000,00 Promissory Note (Business) FOR VALUE FW=ED. ndn lly,4 WaMkg to be legally bead, pomWas as b 010 order of Moncton Bank rBOW). a Pe wwrybr" bw V oorPwrlon llwalgnekked3b NaM akdh abeN,PBaAnp,tinwykwdaew phdpal larma Twenty Thousand and 001100 DaNaa Pay" m PMOW brow. awl wow am" a aw d Meridian a at arW Commercial ate ? 1.50X Maranon lad past. Mwea neYbcempMW nOwbaaW alto atW numMadayrlntMOWMwywdMesdy]a0. ak.ss saw YOtorer rawnlbnhWb WnWwawwdb Ndm BwWs NMWWCenrnwkWPorto,lain COWMdWPr «ABMWWCWOWCWRea,Lh aWip rod rbWWpwaWpewewgrAh rrarwwad nla W a Awwtg lakwW rawdkewaw"W d@WWmted bem eM b umw by Bala aW •NWIwW Canwnor W FkW LMW C«m mW IWe m-AWkuh4 W C4RWMM W RW=t oaela my be,and lewd ylkewtasawlwwws Wawkh mapdbdlMae ke0ar rrladmgsdb M"wNC MVw M"d WwwWPW" h-ndwWmd-V*dnwn.n.wwyWW ewanalk*WM ayawnplnwwh raknrteednd,;aeWRauto nlwlaladnp mynablke bwernbrWdal Bulk a banWahwborrpwsse, REPAYMENT TERMS 1. Wkgle p0k0ckal Paymw laar9YWrealntlwnatpWd Pdrdpal 4dw WpayabW bglydrg .TMMawn close cprkdprWeM«.r WdwndpsykNaon 2 PIeeuaWTNM Note) The Make kdwwtd pywW ins days g. Ferall bar4 btwar n ores u ew prkdpal W des Most pryaeke Iweekakw , The U an of the unpaid Wwlkduw and payabkndawnt6 pk , wall 4. Peat AkaYbMyj Inus" an Cr unpaid plndpd W ear wW payaM e.er«,kw . The he se n of one, colloid pI Ile Most kk«wl k due last payable ce, wW w *d q aw pOO ", a w NdeW wy a og0ewnarew Oaeurwrlb «haraMes ewwNW N arwtectlon lseleald Mod nerW tlwnb, ad lay adwlaba, nvadecwkew or nrwwW awnW rtlaubalbAbOwlhssOeW, prodWd hewa.,artlw BONN ao edOded MNU ndaawW tlw pndpaiwm atwW aboard coin wmmNmw mylwrrwWer BlaOyaaptlan. S S ovdawnra lorp Prkwlpla and Msrer an due and payable In cwwnaM kwtwm of ewh, beplmbp . one Awl payrmce of AN wnWMng unpaid pMcIM and kdamW -b d; W payable on It PAndpal Iska the 1.04,11 ftWIPl Is due and pgMW In 35 eonpedM monthly kyappyrla of l 655.55 Bads begkadnp November J. 1994 , Mweat an the unpaid pOclpai Is dw Mod pyaNa m ably beak" ADDUet 1. 1994 .pw Maipeymwlldt 555.75 bgsdar Mlh any rnlalnlrg principal wW accaaad 4dewY Is due and payable 11 datalppa0 eWwrkw Bart b cling Na dep«k amoral o he law psy wM of phtlpsl adyw spend hae rider. Undenalpnd d%U pass a We psymerd d wile equal W the gr0rn of 5% of Vw unpaid anmrd of any scMdWed prymwn «allpo, awnw.n payrmnl a the awn anoud do on any des Is not rwalod by Saw on such dab. LIABILITIES The Win %WbW" n0eww the pdOWpal and kewwl Adwwmd by one Nde W W aMr UsbIIWw of Uronigwd W Saw, W crawl hwwMw w OVWWW, waMUM now S I I Ce h- am kmrnd, mnaed W unabund. Arad «mMhpOA IoW or eswnl, whwwr a dlwdy w asl0kc by walgnm «0000080, kdWkg w pW and pain Odlansss «nadww s, And lay eWOwbm meEenlbn wr wwmk Mwsd and aubrWAbn Ourakin w wneads advanced y Bank bOwWes on bNlat of UndaWpad; W We ehrp0, penW hr, ban ON 0000wrhwandw ww1wilk Nast«0000mb8; Y UWAlko pm:Wdne PmkabW Few W Caw. w MW WwdwrO W) Neumd icy Bvaa4Wptrom w n0W W W ay hawdowmWObkadap00a0wk0nan anAlbrwrlayranpropeeyawnaa W0,01 iW by Un%mlWwcarWwanBUUaamw4eapnaekKwWNawlannlanwhhawnlwmMreadedNdWndlhekrpanghbMlekWwWww nor W to kweulad, W atlethe IX not bwwpy w kwaaoy powsdkV have plan l wtAUled y a ayalmt UndwdBnW, kkW0ing, wkwu ymNatlon, reasonable kw and nsb of akwnye, sppww0k, aowuawlk, epewdtaraas~ pa edb (fiawabnW FM Mod COW. AN arnarnta low" by Bast hwwuderan b OfUWnrpled astw odwfaea CUM. and apnsw kwulM y Bank W kdnadad N aw UabBUas ahw D• row rd pywbW ups demaW, rAb kd0M d an amual Weal lid step b tees peruM PN abrw ft rib d l M, olMrdla payabI bwwdw,hwntn.dr. of paymed by&MuMk paid In kL COLLATERAL Ak CWWnW(asdelked) Wesadty Mth.UW NOW Theta rdWenr Includes w"Ible ad W&nSIWPW" R desdbed In VWMWtpgewoMraaea"dpwwrtasparat*BUeAldy Undnalpnd In comedic, Mon law UeNNM In !Most of Bare fse•ute, Doeumw0k•), and @91n which UndmIgned bore grand a anudty lakes W Bank punw to Udt Nast. UMntlBnd great, Bnkaseeuky keenW In ao1 monies, awWala and coal, Pmpdy of Undenlynod send! Nor pawed, thread, now or hwenes In IM poaabn «ewledy a, «b barwM ro,Bnk IXayaaawNWes« FA$WWfIMMtdahmpbg,colkdbppledp WayoaWpurpew hrnudkVWtbAWnlWbn,WIdopnb(NMbrg&i Wwsp oWwedke wawa MreaiermWNWrwdyUWeNpnW with Bank.IXaryab amWw axaOblAwNw W W rry drMd Urd«aigmd apainr Bak way a baiBeW waubclvwa uW Bannrnwy,tl W aptlan W walwdnmw,adwtawrd aw pelnlasN any UabkWa,Nrah ana0rw Bnkmy dawmkw,0w blaaa death such aeeaaktap, ed sw naWmagabd Bank«ay dnaamUdes«rnblAaMe. BOX W owned WMeseawdndvxh dBM of sal ON Mai W hpe enae a ctwry0 agakd any sail aawud k nnedis dy upon On omnnen0 d a Duran W harandlw dMned) eon ask* Much dwp b made or weaed n law been subsequently by Bww. Bait how, but Is not NmNed W, aw rW a any the and hem Mow W Una. MANN awe b: W pledge, awlgn or paler M Not w 0r Calledwi l way pedbn Owed; bwaM Wo bon man artlW amt, MnWlaw«wrypndid. CWWOak kl awe nip wringdphbarmy Cd W;(d)talecanneld IMpawWSdayC WomL DEFAULT The aeuae awry ore «mwe a0w lorln0ng shalt constitute a WwJt by law Urdadgnew (y nonpayment of any ohs UabOnles, W My poubn Mned,NwnW In the mwmwr duk, whether by aNWaan or aa1MWM: (b) takes by Undengwd to abwM or psufa. any coonad. NMmnl, w4ton «Imn day epwMd, dawMM 0 Seoul"DOpawN ekwat d and deakady Urdadgnd W oonmcke, ends any alto UWNI Wbeach by any of Undwprled of any obllgabn w duly to Bank W aywpresxdwan arwlaraly In anyknndalwe0t0dalm0erkschedule, owtNlSWa or aker deeumerM dalMred W Bank by «n bkeM a UWnsgned dead pen to be Was, m secli g w IncampkW In any nm WW mpecb (e) • mrwlW atoms SMnp peaty In aw &wKW coot alan of Undersigned which Is unacceptable W Bank In Is sole dkwntion hom us mndNin mod Bondy dbebwd b Ban h any. nnannen, M UWwaignd dies, dWmMs, Ngtkls w, rwlee, nWgwela,changes b narw, ape« pUw VAw dkpoaes d wb Wy all of b awes or cedes b eendW aperalMw, or pnouss,« wanpa to o wry a Uw lom np(d ablale0w n" WeppohWair UewWdgrwdwbranbranMPredbpM".wUndo4« amm layb WUpkywoWdmlWpneeWkps unto ay WaoMnry Iww daleahderW,wary such prassWing W commenced ag" UMwdgned w UndaWgWd become Insolent, w genONy Wb W pry w W gerwWy unable to pry ft deft w mrla w atlgrrmwd for law bw.0 of aeAlI waNAScw*VbkudwMy«heNAywrwun W pry bdeft gawalynthy brown dw,WWW Wrdn]0 dapto PWW bond Wall, aaa diwhapautyludgmea Ode kwx*W tons" spplaN P) Ur Ida nod wpawa an 1040 to wmkWe.cease, IX chuterv Mpanaiwl"M ary UaNIHles w any modal Mom of ay document ewwdW W connection with am UaballwW sand of deduced to be bnaWd by a mid of cornpNw IwWdkUn:M ay prepay d Undersigned bcarrnae tbauhled aayattadawM, pmWWnenl Wry w IWn(uAeaapnappe, I h«akg Wgnsd by Barg: 0 lay WAND dial pan of uw prop" of UndaWgnW to taken ce condemwd by ray gpwmmeaW Mhocky5 pg Undersigned atlgns or Mhemla passivism. w 0.npW b wrgn or bwdn, wryd W dplk rib ale 4AOssr h sy dtlw CoatlOW 01Iwa1M pdwwMnamana Bak W UndanlgndlWb W kn shknneW mope Wtwmrbnla8ankmy Maswlwy, n4uwU pro Y Ulan 4 aydwnp h Undwalgwda 00kew. pdrdptl wawa w pnrnen, rUw ew myb, which b unrcepsbWto BanX W ke Mole ebW InlmmMl applka ka (n) Bent b UwwesaWw W Bost W WeW VAh a b ads dWerrbn, daemw Xaa hwcun Aar snV reran WOWneawr, « pl UndeWgnW dNaub uWn amid anw agnamssM w bW b h raprwM40p amatOW abeprbn arsuch dNaW W rid wmsAW Oa,Wr w. gran plated prpWed In Mon apnemnn p 11wINfMM «wNwd. REMEDIES Upon Me aeeummw a a DWarN W BaMO raw haw m hdbr ebOpabM laafaarnce lends le Unodpmd Iwnundw, RI aid lIaNlNlea Won, W IM opian a Bask ass 4mwdWeydw W paywlp W ? Bat my eancwe es dpM d We1Ya n1 /«Ih Iwreb, ay ad WI mnWlw mIWN01a Bank under Nh Naead IM 9wudy DoeunwnW, ad w right W renwAw sWWbie W N ndM wry 1pW." W, kwbrding, vNlhwA VMIUOM, nine dgMa W ren,edlw of a s e iced pay WO 01e Undwm CawmmnW Coale. UWerWpwd herey, lashes adke of pwas omnt W pannerk demaW, nenpa nwM w dbhwgr, pr 194 WCOWINUnW all Maher Micas Of arty kind In mnnedbn rMh one dek", acceptance, dWWe «00MCmwn of M Now. ale heftbywelna w rOIX I angle a rpppMdednWnS nrWw.k, medeewbnapfwbwawwwnteh m.yw maned, .? Emieff A fall, -aay MWh tlu Opbn d Bna.IM.nM MM*h" nr Pald rdlm ddw SNnad WBafdl FlnOiPmL nUlabur any pftn MWOd Pward INO 1.nW p*obm .4 10 F,,r N N Wm dw, am* mmy. @I b ll,,rnlad.r. Aft ORONO* S r ug WOMIw a Paydsraddsaandou"w", r eplbn aftd wow "'k., Mllrrw hn afry acmatl d lNdartlgrr W" B,,rM n blalrm a,,IM b wl[II wades amwy,,lW b pply yen MWtl b ft brawl alllaf m"" ofIWa bo,aaharM Uytl,p anamim". INNMf wry"wk%mby BrM,N*mc""aVAgran, Parr,,aflpna hWK narggpr aWgbaaaW aMa,,,,Pgwlw4atlBankrnet dp,,baaaaialM aam.aary atlla dpa ra,y atlM Wrr wham llm.b Sn,, dsl,,Ma. Baa14nMr,,,,ulndmr,," w wrlMM ay marlrbp nyuYarr,r a,,ywa,,b "UNNwrEn,d, rnbr. Mm an,nMar,aq E aman avP a aoa.a+a CONFESSION OF JUDCRMEMT UNDERSIGNED HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS BANK BY ANY AUTHOI PR OTHONOTARY OR CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PEI OCCURRENCE A DEFAULT. APPEAR FOR AND CONFESS JU AGAJNST OR ANY OF RBOFPROPERIY IB LOCATED TO THE AMOUNT OF ANY OREALL OF THE LIABILITIES C TO ISSUE EMCUTION FOATlHWrTH, AND FOR DOING 80 THIS TE OR A COPY OSTS, INCLUDING REASONABLE ATTORNEYS, FEES, WITH OR WITHOUT DECLARATION, WITH F WANESAND RELEASES ALL RELIEF FROM ANY AND ALL APPFWSEMENT. STAY OR 1EXPLIIPTInuI THAT BY AOREaNG THAT RIGHTS AND UARItJTFS MAY HAVE, AND UNDERSIGNED WRESSLY WAIVES SUCH RIGHfS AS FEES JUDGMENT MAY BE ENERGISED AGAINST UNDERSIGNED AT OI MISCELLANEOUS THE' THE WAIVES ATT ES THAT BANKRIMAYT NOTICE A JUDGMENT JAGAINSTST Y TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR ICIT AND MATERIAL PART OF THE CONSIDERATION. THE OR AT DIFFERENT TIMES AS BANK ELECTS UNTIL THE Th* MrwdPlad.yma,, bn ar moo ow not dw dsM W,by Palma, am/ P, dOO,,d, a In Inw rrd arytl IMOO", SIN Na. ahM b. OOnarrrad r doh NPm aara. Yatl,,naYly lNW,,,ar Ywlmn'U^datlSn,,d'M„frwr u,,,,dfMan taT atM lwllw hdnct Iwrt OYId4q upon tlsn.O..aswlOn,adrNNtlfran.aaaaaoA np,,rmaln,,, NaN.n6 tnOMOVIOnd.alSndBaavand UW nadd.. Nob. AN adr lbls am parM.aw. MMlsa agnmornmr, pi Wow,, whWO"*ia,,,gd. .wldfaooOmrWlm aurY Nun aewdlMbnNM'um aldpia,,,, O,,mOat UfMtltltb,d gayy lA+d,,r V*d Nw o* alyl,,a,, W mfbnb to fM,,aash,, luradklbn a w Oa Of Commas Flw fa wry Foamy In Pbmyb,,nl,, Mum Bann hat n dIN,, wr/a b,, "w SMa,, DWIa CNAIW sE I DW40FP&gM4ainwW aNdbpgMsclM,,alaawdlrVOwla,,n UndwWg M BnKRAMN1 ayafmap,,a wwdwtWVWW Nwveaayagaabardaedpreaaa by arBlad WmA Manna F fpu*dW,to llndaralpnad run adr.as Nd.E on th.nowa of Gank nd. d rnnmeO Undarynad, BUt wvjm upw aya SumallaloaMWb wftlia arF.n a aSMn,.,,dr, h.1My aPPaMpnB tls adawld IMlfatmnuµMl.aOt mr Ulu PatlPa.. a.aMw.IIO,,w,,r, eaw 4 fM paON+dae hem Mnpllp naawl " M 4dmn B. utldMd O, mmwa In~UnWnpfna aaya m.b pop,,,y rla.Nd.lhgwtlpnad wmM.Snw na m mrr ay o*Ctlon N ay a.alaen> MMlna,aABbar W Pasdtlorsllw,,alaaOwanod OYwW OarMnrad N O=dam.MBI In,, 4danr law dtlsCOmmarn,,bn aPOn syMmti MdMA mMalnbaatlllad WrpNtlpmw ASeOIIaa, Oawrlb Ny OatlrAi!r(dslp.apraptldlr od-g a polo, - r FNlrac W-ewwafw- aMN tM Naa anW O.In MNfp aM rradW Mn .NSr nar dN (POnaSa PfaOtldi, PIG fM4Ma arrtl aw,,Iafdr na l11M1a aa4owaaw.m tlmllnrmlad S M W amY. P7 ar elan mb 11 d e adanMO,,mean arma r,N Oftw am all»IwnanermndwmWchpwMln..Omufda mlM dunarYpn.e. Und Wgrod. lMa,Pmfal Mnnaal ay aaaufM alkl irtl lM a?ddaa n Wi dN??B, P9 na BDawaam.ne.nd .mmbankir Saw. na N m.O..aeaW, ramm 1n. NWT ESSWAIEOF.WW-rPn,,dha.a,,euW IN,,Nn dwdayamyw flnIam Nw. 8OAR0N'ER P NNddu,,N, PabnnNP, ry BwY ulklona,11 BOMgWEA piC paatmnl Aft O TRIO: Wur.q EMOT Ai Meridian Bank ACKNOWLEDGEMENT OF CONFESSION OF JUDGMENT THE UNDERSIGNED ACKNOWLEDGE(S) AND AGREE(S) THAT THE UNDERSIGNED ARE PS) EXECUTING AND DELIVERING TO THE BANK A LOAN AGREEMENT, PROMISSORY NOTEL SURETY AGREEMENT OR OTHER LOAN DOCUMENT WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE PURSUANT TO WHICH THE BANK IS AUTHORIZED TO ENTER A JUDGMENT AGAINST THE UNDERSIGNED AND IN FAVOR OF THE THE BANK UPON THE OCCURRENCE OF AN EVENT OF DEFAULT PURSUANT TO THE TERMS OF SUCH LOAN DOCUMENT. IN CONSIDERATION OF THE WILLINGNESS OF THE BANK TO EXTEND CREDIT AS PROVIDED FOR IN SUCH LOAN DOCUMENT AND ANY RELATED LOAN DOCUMENTS, THE UNDERSIGNED HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY ACKNOWLEDGES, CONSENTS AND AGREES AS FOLLOWS: (e) THE UNDERSIGNED ARE (IS) FULLY AWARE OF THE RIGHTS OF THE UNDERSIGNED TO PRIOR NOTICE AND HEARING ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THE UNDERSIGNED BY THE BANK UNDER THE LOAN DOCUMENTS BEFORE JUDGMENT CAN BE ENTERED AND BEFORE ASSETS OF THE UNDERSIGNED CAN BE GARNISHED AND ATTACHED; (b) THE UNDERSIGNED ARE (IS) FULLY AWARE THAT BY AUTHORIZING CONFESSION OF JUDGMENT, THE UNDERSIGNED ARE (IS) GIVING UP THE RIGHT OF THE UNDERSIGNED TO ANY NOTICE OR OPPORTUNITY TO BE HEARD PRIOR TO THE ENTRY OF JUDGMENT IN FAVOR OF THE BANK AND PRIOR TO GARNISHMENT AND ATTACHMENT OF BANKS ACCOUNTS AND OTHER ASSETS OF THE UNDERSIGNED; (c) THE UNDERSIGNED ARE (IS) FULLY AWARE THAT A JUDGMENT ENTERED AGAINST THE UNDERSIGNED WILL CONSTITUTE A LIEN UPON ANY REAL ESTATE OF THE UNDERSIGNED LOCATED IN THE COUNTY IN WHICH JUDGMENT IS ENTERED AND WILL ENTITLE THE BANK TO IMMEDIATE ATTACHMENT AND GARNISHMENT OF BANK ACCOUNTS AND OTHER PERSONAL PROPERTY OF THE UNDERSIGNED WITHOUT PRIOR NOTICE; (d) THE UNDERSIGNED WAIVES(S) THE RIGHTS WHICH THE UNDERSIGNED HAVE (HAS) TO PRIOR NOTICE AND HEARING ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THE UNDERSIGNED BY THE BANK UNDER THE LOAN DOCUMENTS AND AGREES THAT UPON OCCURRENCE OF AN EVENT OF DEFAULT UNDER THE LOAN DOCUMENTS, OR AT ANY TIME THEREAFTER, THE BANK MAY OBTAIN A JUDGMENT AGAINST THE UNDERSIGNED WITHOUT THE UNDERSIGNED'S PRIOR KNOWLEDGE OR CONSENT AND WITHOUT THE OPPORTUNITY TO RAISE ANY DEFENSE, SET. OFF, COUNTERCLAIM OR OTHER CLAIM WHICH UNDERSIGNED MAY HAVE, AND MAY GARNISH AND ATTACH THE BANK ACCOUNTS AND OTHER ASSETS OF THE UNDERSIGNED WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR A HEARING; (e) THE UNDERSIGNED ACKNOWLEDGE(S) THAT THE UNDERSIGNED WILL BE UNABLE TO CHALLENGE THE JUDGMENT IN THE EVENT THAT THE BANK ENTERS THE JUDGMENT, EXCEPT BY PROCEEDING TO OPEN OR STRIKE THE JUDGMENT; AND THAT SUCH A PROCEEDING WILL REQUIRE PAYMENT OF ATTORNEYS FEES AND COSTS BY THE UNDERSIGNED; (I) THE UNDERSIGNED REPRESENTS AND WARRANTS THAT THE LOAN FOR WHICH THE UNDERSIGNED HAS BECOME OBLIGATED FOR REPAYMENT PURSUANT TO THE LOAN DOCUMENTS HAS BEEN ADVANCED FOR BUSINESS PURPOSES. II NMIBIT A . IN WITNESS WHEREOF, and Intending to be legally bound hereby, the undersigned has duly executed this Acknowledgement of Confession of Judgment this I J day of ??-- 19 'f UNDERSIGNED Qf Indivkluals, partnership, etc.) Business Name (If any) COMMONWEALTH OF PENNSYLVANIA COUNTY OF UNDERSIGNED (It corporation) Attest: Title: (CORPORATE SEAL) (A)' n /? witness: SS: On the day of 19 before me a Notary Public, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s) Is (are) subscribed to the within Instrument and acknowledged that he/she/they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF On the day of personally appeared (or satisfactorily proven) to be the a of corporation/partnership, and that he/she as such officer/partner , ±t: being authorized to do so, executed the foregoing Instrument for the purposes therein contained by signing the name of the corporation/partnership by himself/herself as such officer/partner. , IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ,19 before me a Notary Public, the undersigned officer, known to me Notary Public pWNBIT ? SS. Meridian Bank Amendment to Promissory Note THIS AMENDMENT TO PROMISSORY NOTE dated the A/ day of MVIM4 , 19 by and between J-Dar Inc. COY»Oratipn ('Maker), and MERIDIAN SANK, a Pennsylvania banking corporation rpsysel. BACKGROUND On JUIV 13 , 1994 , Maker executed and delivered to Payee Its promissory note In the original principal amount of ty thousand and 00/100*** 1301111111(E 20,000.00 ) (the 'Note'). Maker and Payee desire to amend the Note to provide for changes In the Principal amount&rsoavmsntterms of the Note NOW, THEREFORE, the Pardee hereto, Intending to be legally bound, hereby agree as follows: ir.Principal. The Nots is hereby amended to that the principal amount shall be twenty-seven thousand five hundred and001100+•• Dollars (S 27 , 500.00 ). 2 Interest Rate. From and .'payable at , interest on the unpaid principal balance of the Note shall be 3. Repayment Terms. (a) (Single Principal Payment) Interest on the unpaid principal is due and payable beginning The full sum of the unpaid principal and Interest Is due and payable on (b) (Discounted Time Note) The full sum is due and payable In _days (c) (Demand Note or Credit Availability) Interest on the unpaid principal Is due and payable beginning . The full sum of the unpaid principal and Interest is due and payable on demand. (d) (Installment Note) Principal and Interest are due and payable In_ consecutive Inetadnnnts of If each, beginning . One final payment of any remaining unpaid: principal and interest is due and payable on (e) (Principal Plus Interest Loan) Interest on the unpaid principal is due and payable monthly beg(nnipp December 1, 1994 , together with 35 consecutive monthly principal Installments at $765.00 each, beginning April 1, 1995 One final payment 01 $ 725.00 together with any remaining principal and interest is due and psyable'...'on March 1. 1998 4. Prepayment. (a) _ 0 the Note is prepaid for any reason, the Maker shall pay to the Payee a prepayment privilege fee equal percent I_%) of the principal arldu prepaid. 4a (b) _ This Note may be prepaid, from time to time, without premium or penalty. (c) _ Any partial prepayments of principal shall be in integral multiples of Thousand Dodo ($ shall be applied against scheduled payments of principal In the Inverseorder of maturity, end shad n poctpone or reduce any regularly scheduled payment of principal or Interest. ;;. . 5. This Instrument shall be deemed to be apart of the Note. tL - W*OT !. CONFESSION OF JUDGMENT MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS BANK, BY ANY AUTHORIZED OFFICER, EMPLOYEE OR AGENT, OR BY ITS ATTORNEY, OR BY THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE WHERE PERMITTED By LAW, UPON THE OCCURRENCE OF A DEFAULT, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST MAKER IN FAVOR OF BANK IN ANY JURISDICTION IN WHICH MAKER OR ANY OF ITS PROPERTY IS LOCATED FOR THEAMOUNT OF ANY OR ALL OF THE LIABILITIES, TOGETHER WITH THE COSTS OF SUIT AND WITH ACTUAL COLLECTION COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, WITH OR WITHOUT DECLARATION, WITH RELEASE OF ALL ERRORS, WITHOUT STAY OF EXECUTION AND THE RIGHT TO ISSUE EXECUTION FORTHWITH, AND FOR DOING SO THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. MAKER HEREBY WANES AND RELEASES ALL RELIEF FROM ANY AND ALL ARPRAISEMENT, STAY OR EXEMPTION LAW OF ANY STATE NOW IN FORCE OR HEREINAFTER ENACTED. MAKER ACKNOWLEDGES THAT BY AGREEING THAT BANK MAY CONFESS JUDGMENT HEREUNDER, IT WANES THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE ITS RIGHTS AND LIABILITIES, AND MAKER FURTHER ACKNOWLEDGES THAT BANK MAY OBTAIN A JUDGMENT AGAINST MAKER WITHOUT MAKER'S PRIOR KNOWLEDGE OR CONSENT AND WITHOUT THE OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM MAKER MAY HAVE, AND MAKER EXPRESSLY WAIVES SUCH RIGHTS AS AN EXPLICIT AND MATERIAL PART OF THE CONSIDERATION. THE FOREGOING POWER TO CONFESS JUDGMENT MAY BE EXERCISED AGAINST MAKER AT ONE TIME OR AT DIFFERENT TIMES AS BANK ELECTS UNTIL THE LIABILITIES ARE FULLY ]DISCHARGED. 7. All references to the Note in documents delivered to the Payee In connection with the Credit ACCOmodallons between the Maker and the Payee shall be deemed references to the Note as amended herein. S. N all other respects, the Note Is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Promissory Note to be duly executed and delivered the day and year first above written. Borlmver Of Individuals, partnerships, etc.) Borrower Of corporation) Business Name, If any J•Bw lna Corpora e By: TIde:John Lane, r adant By: Title: Attest: Title: Qom`-?-? Witness: MERIDIAN BANK Titis: A. Wlm vanOldsn, Banking Officer W Mass Attest: Title: SURETIES: b1 `? ohn . EXHIIAT A,, IN WITNESS WHEREOF, and Intending to be legally bound hereby, the undersigned has duly executed this Acknowledgement of Confession of Judgment this 1j- day of a v4% , 19 V UNDERSIGNED Of Individuals, partnership, etc.) Business Name Qf any) COMMONWEALTH OF PENNSYLVANIA COUNTY OF UNDERSIGNED (If corporation) J•&r Inc. Corporate By: _ Title: John Attest: Title: (CORPORATE SEAL) Witness SS: On the day of 19 before me a Notary Public, the undersigned officer, personally appeared to me (or satisfactorily proven) to be the person(s) whose name(s) Is (are) subscribed to the within instrument aknown nd acknowledged that he/she/they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notary Public COUNIY OF SS. On the day of 19 before me a Notary Public, the undersigned officer, personally appeared known tome (or satisfactorily proven) to be the of a corporation/partnership, and that he/she as such officer/partner , being authorized to do so, executed the foregoing Instrument for the purposes therein contained by signing the name of the corporation/partnership by himself/herself as such offlcer/partner. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public i. 6Kfi181T & Wridlan Bank Amendment to Promissory Note THIS AMENDMENT TO PROMISSORY NOTE dated 0 4 7S by and between u-ear Inc. a Pennsylvania comoradon - ('Maker'), and MERIDIAN BANK, a Pennsylvania banking corporation ('Payee'). BACKGROUND On July 13 . 1994 , Maker executed and delivered to Payee Its promissory now in the original principal amount of Dollars ($ 20 . 000 . 00 ) (the 'Note). Maker and Payee desire to amend the Note to provide forchanp:aIn the pdndpai,merapaymenttarmt of the Note. NOW, THEREFORE, the puree hereto, intending to be legally bound, hereby agree as follows: 1. Principal. The Note Is hereby amended so that the principal amount shall beTwenty Two Thousand Seven Hundred Fifty Four and 45/100 Dollars (S 22. 754.45 ). 2 Interest Rate. From and payable at Interest on the unpaid principal balance of the Note shall be 3. Repayment Terms. (a) (Single Principal Payment) Interest an the unpaid principal is due and payable beginning . The full sum of the unpaid principal and interest Is due and payable on (b) (Discounted Time Note) The full sum Is due and payable in -days on (c) (Demand Note or Credit Availability) Interest on the unpaid principal Is due and payablemonthl V beginning October 1. 1995 . The full sum of the unpaid principal and Interest is due and payable on demand. (d) (Installment Note) Principal and Interest are due and payable in_ consecutive Instalments of $ each, beginning . One final payment of any remaining unpaid principal and Interest Is due and payable on (e) (Principal Plus Interest Loan) Interest on the unpaid principal is due and payable beginning together with_consecudve principal Installments of $ each, beginning One final payment of $ together with any remaining principal and Interest Is due and payable on 4. Prepayment. (e) _ If the Note Is prepaid for any reason, the Maker shall pay to the Payee a prepayment privilege lee equal to percent ( %) of the principal amount prepaid. (b) _ This Note may be prepaid, from rime to time, without premium or penally. (c) _ Any partial prepayments of principal shall be in integral multiples of Thousand Dollars ($), shall be applied against scheduled payments of principal in the inverse order of maturity, and shall not postpone or reduce any regularly scheduled payment of principal or Interest. 5. This instrument shall be deemed to be apart of the Nate. EXHINT Ay B., CONFESSION OF JUDGMENT' MAK_°R HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS BANK, BY ANY AUTHORIZED OFFICER, EMPLOYEE OR AGENT, OR BY ITS ATTORNEY, OR BY THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE WHERE PERMITTED BY LAW, UPON THE OCCURRENCE OF A DEFAULT, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST MAKER IN FAVOR OF BANK IN ANY JURISDICTION IN WHICH MAKER OR ANY OF ITS PROPERTY IS LOCATED FOR THEAMOUNT OF ANY OR ALL OF THE LIABILITIES, TOGETHER WITH THE COSTS OF SUIT AND WITH ACTUAL COLLECTION COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, WITH OR WITHOUT DECLARATION, WITH RELEASE OF ALL ERRORS, WITHOUT STAY OF EXECUTION ±w AND THE RIGHT TO ISSUE EXECUTION FORTHWITH, AND FOR DOING SO THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT, MAKER HEREBY WANES AND RELEASES ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAW OF ANY STATE NOW IN FORCE OR HEREINAFTER ENACTED. MAKER ACKNOWLEDGES THAT BY AGREEING THAT BANK MAY CONFESS JUDGMENT HEREUNDER, IT WANES THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE ITS RIGHTS AND LIABILITIES, AND MAKER FURTHER ACKNOWLEDGES THAT BANK MAY OBTAIN A JUDGMENT AGAINST MAKER WITHOUT MAKER'S PRIOR KNOWLEDGE OR CONSENT AND WITHOUT THE OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM MAKER MAY HAVE, AND MAKER EXPRESSLY WANES SUCH RIGHTS AS AN EXPLICIT AND MATERIAL PART OF THE CONSIDERATION. THE FOREGOING POWER TO CONFESS JUDGMENT MAY BE EXERCISED AGAINST MAKER AT ONE TIME OR AT DIFFERENT TIMES AS BANK ELECTS UNTIL THE LIABILITIES ARE FULLY DISCHARGED. 7. All references to the Note in documents delivered to the Payee In connection with the Credit Accomodadons between the Maker and the Payee shell be deemed references to the Note as amended herein. S. In all other respects, the Note Is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Promissory Note to be duly executed and delivered the day and year first above written. Borrower (M Individuals, partnerships, etc.) Borrower P orporatlon) J•Sulne. ? Business Name,ifany Cmm?ra f .' . BY: - Tme:John W. Attest: Title: WltneW. MERIDIAN BANK Title: AIDan Wlm Veno?ltlen, Witness Attest: Title: EXHIBIT s% Meridian Bank Me a' _ *'ttT'r?° "''? Amendment to Promissory Note THIS AMENDMENT TOPROMWORYNOTE dsad O?CEij10i_i1/1 ybyandbetween J. Bar, Inc. Corooradon ('Maker'), and MERIDIAN SANK, a Pennsylvania banking corporedon rporoa7. BACKGROUND On December 13, 1996 , Maker executed and delivered to Payee Its promlmry note in the original principal amount of Twonf_V fpvn ThmfefafeA cee..... v.....a.-_? w, _ _ -Dollars 0 22 .754.45 1 (1114 'Note'). Maker and Payee desire to amend the Note to provideforchangeInth4 Wersonseeanarewvmemterms of the Note. NOW, THEREFORE, to parties hello, intending to be legally bound, hereby agree as allows: 7, Principal. The Note Is hereby amended so that the principal amount shall be Dollars (S 2. Interest Rea. From and after , Interest on the unpaid principal balance of the Note thal be payable at 3. ReoavmsrltTerms, (a) (Single Principal Payment) Interest on the unpaid principal Is due and payable beginning The full sum of the unpaid principal and interest Is due and payable on (b) (Dlamunted Time Now) The full sum Is due and payable in _dsys on (c) (Demand Now or Credit Availability) interest on the unpaid principal Is duo and payable beginning . The all sum of the unpaid principal and interest Is due and payable on demand. (d) (Installment Note) Principal and interest are due and payable in_4L;r consecutive WAZr 1/ Y Installments of S > a9. SZ each, beginninp_?Ed?dfPY One final payment of any remaining unpaid principal and Interest Is due and payable on Ysdasee i, es i (a) (principal Plus Interest Loan) Interest on the unpaid principal Is due and payable beginning . together with consecutive principal installments of S each, beginning One final payment of $ -together with any remaining principal and Interest Is due and payable on 4. Pr4oavment. (a) X B the Note is prepaid for any reason, the Maker shell pay to the Payee a prepayment privilege fee equal to see attached rider percent I_%) of the principal amount prepaid. (b) _ This Note may be prepaid, from time to time, without premium or penalty. (c) _ Any partial prepayments of principal shall be In Integral multiples of Thousand Dollars (S 1, shall be applied against scheduled payments of principal in the Inverse order of maturity, and shall not pos"Its or reduce any regularly scheduled payment of principal or Interest. 5. This Inatrumsnt shall be deemed to be apart of the Note. EXWWT S, 8, CONFESSION OF JUDGMENT' R BR REVOCABLY BY ITS MATTORNEY, AKER HEREBY A D CLERK EMPOWERS OF i E RS CBANK BY OURT OF ARECORD NY AUTHH N 9 THE CO?MM? EMpLoyEE OR AGENT. OR OR ELSEWHERE WHERE PERMITTED BY LAW, UPON THE OCCURRENCE OF A DEFAULT, TO APPEAR FOORRAP1D NFEPSSS JUDGMENT AGAINST MAKER IN FAVOR OF BANK IN ANY JURISDICTION IN WHICH MAKER OR ANY OF ITS PROPERTY 0 LOCATED FOR THEAMOUNT OF ANY OR ALL OF THE LIABILITIES, TOGETHER WITH THE COSTS OF SUIT AND WITH ACTUAL COLLECTION COSTS, INMOSND ?.s REASONABLE ATTORNEYS FEES, WITH OR WITHOUT DECLARATION, WITH RELEASE OF ALL ERRORS, WITHOUT STAY OF EXECUTION AND THE RIGHT TO ISSUE EXECUTION FORTHWITH, AND FOR DOING SO THIS NOTE OR A COPY VERIFIED By AFFIDAVIT SHALL BE A I SUFFICIENT WARRANT, MAKER HEREBY WANES AND RELEASES ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAW OF ANY STATE NOW IN FORCE OR HEREINAFTER ENACTED. MAKER ACKNOWLEDGES THAT SY AGREEING THAT BANK MAY CONFESS JUDGMENT HEREUNDER, IT WAIVES THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE ITS RIGHTS AND LIABILITIES AND MAKER FURTHER ACKNOWLEDGES THAT BANK MAY OBTAIN A JUDGMENT AGAINST MAKER WITHOUT MAKERS PRIOR KNOWLEDDE OR CONSENT AND WRTHOUT THE OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM MAKER MAY HAVE, AND MAKER EXPRESSLY WANES SUCH RIGHTS AS AN EXPLICIT AND MATERIAL PART OF THE CONSIDERATION. THE FOREGOING POWER TO CONFESS JUDGMENT MAY BE EXERCISED AGAINST MAKER AT ONE TIME OR AT DIFFERENT TIMES AS SINK ELECTS UNTIL THE LIABILITIES ARE FULLY DISCIPMED. 7. All references to the Note In documents delivered to the Payee In connection with the Credit Accomodations between the Maker and the Pay" shall be deemed references to the Note as emended herein. 8. In all other respect. the Note is hereby ratified and confirmed. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to Promissory Note to be duty executed and delivered the day and Ym first above written. Bonower (If Individuals, partnerships, etc j Buaner Neme, N any Borrower J. am. Inr (K corporation) Corporate Na By: Vk W , By. TIyyti.:John W. ,.. M J'OrYr T(tle: Attest: Title: Witness: MERIDIAN BANK B do TMs: y Nd, vice President Witness n. Title: SURETIES: John W. L EXHOT- A. Meridian Bank Surety Agreement (Buslness Purpose Loans ONy) Of u it heretofore or hereafter by Meridian Barth a Penneylvm, bmung corporAh" Menki having M office &1 35 North Sloth SHOW. lik adk g, PenruldUS, to .._._ .- ._ -. ..,,s y.. evny was awwme SAW se aemx r« are aw and prompt payment and performance of all the UabikWe. The lemh'UabiNIIss' kttlud" kowun at som war to Bank. whether now existing or nereNer eaeered, mawn0, « Wm ured. direct Of contingent. Joke or smral, whedrf ChOW dkeody - wou scrtiq asellim rent of Otherwise. including all past and hates advances or newrhcea deed my kral"alons, Modifications «renmis mgeof end wboku ns Mahar; W amounts advanced by BWN on bO W d SW,, W lab Charges, penmles and other soon lease Undo any nreement N Schossr wen Bann: all Iladtlllln (ineluerrq PMNUIOnal Foss and Cola, se hw*WW ei dednsid) Nwand by Bank using from at retorted to any 1TMMl N a maledw w dangerous mwrMwMMW cmdidoce ks Cry real property awned is occupied by Borrower; and all of Bank's Cops antl expenses. incurred in connection with er entor ermant and collocation of the Uabilllim whether Or not suit is InstHuled. and whether or not bankruptcy « In$CWWM Prooeedings hoer been IngNUled by Of against Borfoeer, iaduding wlmstd Iimhmon, reasonable fees and roan of adameys, apprrire, aaoumanta, consuhants deed other praI anaiS QPrufesional Fees and Cartel. If My Uab;lhlnaer not paid or performed by Bortower when out. wblM to arty applicable etas period, Undersigned ShW, upon Bank's dammA, LMM@dWaypayand perform such W«INleeorcroM same to be paid MCI performed, The amount of the i;abil;ty of Undersigned hereunder shell not exceed S 27-SWOO (the'Umit Amountl. If no inunion has been made in the prending opus. «B IM wwd'unllmilW' is innrted therein, the amount of the Weleftof Undersigned hereunder snail be unlimited. If the amount of The liability at Undersigned hereunder Is know. Undersigned agrai that the ermount of Botrower's Uabdities to Bank racy from time To lime exceed the limit of the liability of Undersigned hereunder without In any way ayecling dr liability at UnCoNomd hwwrldw. and Bank may apply any payment with respect IS Botrotver's UabNNla to Bank to or an account of Borrower's Liabilities to Bank in such order a Bank may elect Whem6r ate Liabilities exceed Ins Umit Amount, tsaes atin -in agreed in w i ing by Bank, the liability of Undersigned shall be reduced by such payments Only to the ennntthat weh payments reduce the Uablllliee below the Until Amount. NomNhwnding the Limit Amount, Undersigned shall pay to Bank, upon demaW. W rata and expeneee Incurred In caMelaldt wkh the enforcement and colleorlon of the LkbNkx, whoMw at not suit in Instituted, and whether ON hol OMMNPICy « Insolvency proceedings have been krlhuted by «agahd Borrower « Undersigned, Including, without BerkoUW. Prshmanal lows and Costa Notwithstanding the Uma Amours, al amwme mOwm le under dais $wary Agreament which are not paid upon Bank's demand urea em haunt a an annual rate which shall be INTO percent (2%) above the htgfreg rate applicable to any at his UAINWIMNS The WAMr 'yredakgy contained herein isan absoluteand unOwAM W, primry,aired, Ccntinuutg and immediate guaranty of payment and no NsHWlbftandshad bevWd erk bki&* upon Undersigned regardless of Invalidity, irmgulgiy. ddmd «un mftcWWlyd my provision at my doament «IceWmMi ssectaW in connectionwith dIa UabW W, of My otlrr abggillon w agnemed of Borrower or Undersigned. Undersigned hereby ceruem and agree asks Bank may at any HMO or from *am to dine In Bank's c htxg - and wlUkut natieu *oV" mnnrg from Undersigned, who hereby agrss to be deed ash us bound upon this Surety, notwithstanding any won action on Bank's part W extend, renew, modify. amw4 iICPIetrTSrM Of WOW sty PMWNIOM W any daamerwer Instruments exwonW In cmnedlon with my Usbilities or change the dme of Payment. and/« the manner, Out of terms of PMnerw N tits IIabIBHee «anylanswaft, exteruiorer a modifiwbnx lheredt, eel ante or compromise the Uabililise with Bombast "my other part', Oil apply any Mans by wfktmeref paid of noaewr fWlssd to any Liabilities of Bansser to Bank ngudlea Of the UabN;tles of Banower remaining unpaid; fur) exchange. release. Ulf of compromise afysNYral aeeuong die UsbUkim M amble «relten tram aeon- my rights against Borrower or others, including Undersigned; (vi) release from Habilkylo Bank any guarantor cr ether raliligor.Bank may in In dhcrnlon man my of the above aaktatch mannerand upon am terms u Bank may see fit. Undersigned hereby wade (1 promptness and dlllgmm: eel nodow of on incei ens Warty Uabidda by Borrower, pill notice of arty Options tekm by Bank or Bongver esker airy daourtt M der irWumo o weeded In connMlon with the UsbilXla er say other agrertnerm or instrument relating thereto; fn) nedce of sconce lc r d thts Butery and Of any action by Bank M mdanm,dom m; (v) prpmtment. demand d payment. WINY WW norisotdiehorl« «nanpayment. pram and notice d pram with reaped to the LYbiNtlea and W ather!«ntalXMed In uM iiWm with the ml«cement of the Uabilidee «d d¦ aongedon of Undersigned hereunder, or of My other guarantor or oUrr aedpor, delimitation aladd b y in whiclk but for this position might snNHuta grounds for rNievinp Undersigned of pry obligkslona hewnder, Ml my requuernent that Bank ptsasa, noun, perfect «Inwn sty nourNy Inswul Ban «my property subject therksp w "hull &WIW t Or take my cotton ageing Borrows. any of Undersigned. or arty ether pension Or my coHNerai; (vig5torka of Artist doih by Binkla Sell Myself the property mortgaged. assigned «pledgW a eesudy, for my of the Uadilitiee at a public of private We. e SECURITY UndereignedgMnt to Bank, ee Security far the full and prompt Peyereel and perfamrence N Undersigned's obligeriom herwnder, a seamy intgail In ad monies, nptpbin «other poPMy at U:•dwaigned and the proceeds the c f, now or hereafter in ft poseeaiM of Cuaody, at. To in transit Ia. Bank for My purpose including mek"Ping, wilactldn, pledge « dhenahe.,Iti hiding, without Ilmnatlon, an deposits (whether general 0 special) and cteein now at hanaher maintained by Undersigned with Bank and In any derma of Undersigned against Bantu, and Bank may, at its option and without nits, eat at faagd The payment of my Uabilities. in Such older a Bank may deterntilN, deb balance at Um such account with, and &i h claim against Bank. Bank is deemed to have exerclsed such Tight W set act antl to have made a change against arty wen Account umWiatey upon the aCptrnerhca CO a defauh In th„ pay ent Or performance of the Uabilitiee even though suchcharge is subwauenlly made at entered by Bank on its books. REINSTATEMENT 4 The eBMivenee of this Surety shall continue or be reinstated, as the case may be, in the went that my payment received at credit given by Bank is rqumed, disgorged as rescinded Sam iialdable preference, impermissible set off, Iraudumit conveyance or atnerwis under My applicable state or federal law, including lawn pertaining 10 bankruptcy tea Insolvency, and thimSuny, shall Iher tiller be enforceable against UWgsigned as if won returned, disgorged. or,esonced payment or credit had not been received Or given by BMW and whether or not Bank relied upon such payment or credit or chMgad its position as a consequence Thereof. WAIVER OF SUBROGATION . ii.e Underaignad watw any right of wbrogation to the claims of Bank agaimh Borrower, or any right of indemnification or contribution against any purr person. If notwithsiartdirtg such waiver of wbiogation, my amount shall be paid to Undersigned an account at such subrogation, indemnification or contribution at any time wnm ail of the Usbilitiea and dl wller expenses guaranteed pursuant hereto mail not have been paid in ai, wcn amount snail be held in trust far the benefit of Bank, wall be segregated if= the curter funds at Undersigned undShall forthwith be paid over to Sank to be applied in wtrY or in pan by Sank against the Uacilities. whether matured or unmatured. TERMINATION This orrery shall by continuing and Bank may continue to act in reso - hereon unkl me receipt by eanx of phor wrnlen notice of revocation from Underrsignedprmided,howaver; thttl wed 111011M Shall not aden Undersigned's liabilities as Surely of any liabilities incurred or based an lads arising prior to receipt of such notice or UnJiunwhich woo crsed She, rw:ipt of well rAlce pursuant to any contract entered into by Bank prom receipt of wed malice. EXHIBIT 13 CONFESSION OF JUDGMENT UNDERSIGNED HEREBY ATTORNEY, OR BY HE PROTHONOTARY OR CLERK OF ANY COUR OF RECORD IN THE COMMONWEALTH OF PPEN SYLVANIA OR ELSEWHERE WHERE PERMITTED BY LAW, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST UNDERSIGNED IN FAVOR OF BANK IN ANY JURISDICTION N WHICH UNOERSIGNED, OR ANY OF HEIR PROPERTY IS LOCATED FOR HE AMOUNT OF ANY OR ALL OF THE LIABILITIES, TOGETHER WITH THE COSTS OF SUIT AND WITH ACTUAL COLLECTION COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, WITH OR WITHOUT DECLARATION, WITH RELEASE OF A? ERRORS. WITHOUT STAY OF EXECUTION AND THE RIGHT TO ISSUE EXECUTION FORTHWITH, AND FOR GOING SO THIS NOTE OR A COPY YMEp AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. UNDERSIGNED HEREBY WANE AND RELEASE ALL RELIEF FROM ANY AND ALL APPRAISEMENT. STAY OR EXEMPTION LAW OFANY STATE NOW IN FORCE OR HEREINAFTER ENACTED, UNDERSIGNED ACKNOWLEDGE THAT BY AGREEING THAT BANK MAY CONFESS JUDGMENT HEREUNDER THEY WANE THE RIGHT TO NOTICE IN A PRIOR JUDICIAL PROCEEDING TO DETERMINE THEIR RIGHTS AND LIABILITIES, AND THEY FURTHER ACKNOWLEDGE THAT BANK MAY OBTAIN A JUDGMENT AGAINST UNDERSIGNED WITHOUT THEIR PRIOR KNOWLEDGE OR CONSENT AND WITHOUT THE OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, CLAIM TCOU WAIVE RIGHTS AS AN MATERIAL ARTOF THE CONSIDERAAT ON. THE FOOREGOING MAY HAVE, TO CONFESSRJUDGEMENT M?AYLBE EXERC SED AGAINS 0 E OR?MORE OR UNDERSIGNED AT ONE TIME OR AT DIFFERENT TIMES AS BANK ELECTS UNTIL THE LIABILITIES ARE FULLY DISCHARGED. MISCELLANEOUS Na lagun Of dopy N aensi•ing arty right at ready against Und"119d hareunda Malt be deemed a waiver thBiad nor pMdUde the aserdee of any dha Nits a inanity "OM Mar. NO wtlver at arty breach of My prawoton of thieSursy wto be aanaNad u• waher Of any whwquant branch of Mtl PMVWM Of of my What Provision. AB nghb eM rerriedlse nereundw an mmuWa wed not affwnaWo. wed Bank mar proweE in my drew against Schooner, Undersigned, or any ahw guarantor at WwobBga of hMOaf a1% A Shlov ntd W ky Survey", 1 1M wnaN Agreamem and undo Mg of the putlw MWIM to no W111601 mans hared. No moeMewbn d wr provision wdkq wtl snou d by Undatlgrad and appraad and adokmalgae by lease. 7M Invalidity Ipk wd sataWyffaan pit Mthe ewm VMIn the a a a a of 811,41411 it WMV. thle sunny wall be mArYW UN SUM POMM had had o vl wy Partial irmNed. dMw?Ygned r dplwann, she " *lift used r the Win aseeabg this Surety. Mill Berk wrWevocally, waive ureter Otis hiSurety s rig «t?amerpoae ay ddww (delta Mw paymwY. r1 Ott or wuntwdaim of cry adults pr description In My W M d*Un bassinet cry of them d aryother agreement haadon or hantmor maned. SWnwWW d n ten W" Id q W pwn? aoksM hphpkMw of the Counsel Common Plan M anyrountyin Pennsylvania where Sao hall an aBtp and/wO* United aWND t Couitf aq eyNan4 in any and an dhputM action atkaceedings ba!a 0BMkaM"altham,wheMmoWngharandwaadaa adia upon " Go fies" Wall and lnevocably agree to antis of prdcin by miffed mail, Is", rwlpl requested, to Ihaan at the add" doted In the rlande d Bark aM BEd eeMq aAw tee bed er ., upw M d Man, pen, hereby appolndng Mn aMarp( Ihak womeylMad ler IM purpose d awvlon. However. gwk h nd padayd kam INIII0 y art 1, w N ayauan b &vy( In tlN Untied States or elsewhere in which Undersigned a cry d Mork prepay in loured. WMwYpned Nnhtlpo na p promeding Ihtlwnue is Improper or the forum h kaawei lent. N h dm& OWgatws ad providers hied wen be governed by aM mnMued to acidic with the inlem l Iowa d the ComnrmweMh of PwwyNenk -'it absence to confild pdndPtaa (,raw pepeltA, a AN tMpopy w dn. mwu " be In WOM9 and "I be given by sisher at lama blow wdonje coal rn.d ( parmilMd erbay, (III of fkat asic mw tee IN lwM1, IRAQ, oQ w am 1191 d *bawvwm p1ra 1 cry abler masticate dt ePned to daps W 09 aM(q (IW d dghnk. arms "be SWAMwA. ink, Il Nten mad conyd the ned,Nseen to r the attention at as propdda, Iwerd parnwaaryaacueaudNn office at stneddnrwwNoersea4dMkeM k Me men at Bank Nsem to the aedrnnand enarllonden af dtlte ben officer servicing Banewa'eeooounl. AN d ten lama and prostdone of this $wa y have to and Bill binding Upon the have. executors. adminforoae, waseswe. Mantels tlvee. MMVW& MMM clot aaigry Of Undaaigrad, Pinked that Undwdgned"Roll assign loll agreement a rights or all Ill IlMeueoewae and some" of Berk any 9 tipatbnshaeunew wnneatlM prim smash mnnm dgankAll dgha nenunderatrW Insists INWMMWHMOF,UedwtlgnedhmaeamledddeSuwyon r YY SURETY Af corporation) Corporate Name By. rata: By rile: Allen: Witness `^ V EXH T Y SUREry AI IndMduab, partnership. eta.) Meridian Bank ' ACKNOWLEDGEMENT OF CONFESSION OF JUDGMENT HE ' UNDERSIGNED ACKNOWLEDGE(S) AND AGREE(S) THAT THE UNDERSIGNED ARE QS) .;EXECUTING • AND DELIVERING TO THE BANK A LOAN AGREEMENT, PROMISSORY NOTE, SURETY AGREEMENT OR OTHER LOAN DOCUMENT WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE ,,'wpuAWr TO WHICH HE BANK IS AUTHORIZED TO ENTER A JUDGMENT AGAINST HE UNDERSIGNED ANPIN FAVOR OF THE THE BANK UPON THE OCCURRENCE OF AN EVENT OF DEFAULT PURSUANT TO HE ;,TERMS OF SUCH. LQAN DOCUMENT. INCONSIDERATION OF THE WILLINGNESS OF HE BANK TO EXTEND CREDIT AS PROVIDED FOR IN SUCH LOAN DOCUMENT AND ANY RELATED LOAN DOCUMENTS, HE :UNDERSIGNED HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY ACKNOWLEDGES, CONSENTS :AND AGREES AS FOLLOWS: (a) THE D HEARING UNDERSIGNED ON HE VALIDITY OF ANY CLAIMS E THAT MAY E EASSERTED AGAINST UNDERSIGNED TO PRIOR UNDERSIGNED BY HE BANK UNDER HE LOAN DOCUMENTS BEFORE JUDGMENT CAN BE ENTERED AND z BEF(A ASSETS OF THE UNDERSIGNED CAN BE GARNISHED AND ATTACHED; JUDGMENT, IT, HTHE UNDERSIGNED ARE E UNDERSIGNED ARE QS)SGIVING UP HE RIGHT OF HE UNDERISIGNED TO ANYINOTICE ;OR 6PPCRTUNITY TO BE HEARD PRIOR TO HE ENTRY OF JUDGMENT IN FAVOR OF HE BANK AND PRIOR ;{PTO GARIVISI" IMENTAND ATTACHMENT OF BANKS ACCOUNTS AND OTHER ASSET'S OF HE UNDERSIGNED; ,40, ,.UNDERSIGNED THE UNDERSIGNED ARE (IS) ANAWARE Y REAL E ATE OF THE A JUDGMENT ENTERED AGAINST THE CONSTITUTE A LIEN UPON FULLY THE 'ddUNTY IN WHICH JUDGMENT IS ENTERED AND WILL ENTITLE HE BANK TO IMMEDIATE ATTACHMENT AND GARNISHMENT OF BANK ACCOUNTS AND OTHER PERSONAL PROPERTY OF HE UNDERSIGNED WITHOUT PRIOR NOTICE; (d) HE UNDERSIGNED WAIVES(S) HE RIGHTS WHICH THE UNDERSIGNED HAVE (HAS) TO PRIOR AND HEARING ON HE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST HE SIGNED BY HE BANK UNDER HE LOAN DOCUMENTS AND AGREES THAT UPON OCCURRENCE OF NT OF DEFAULT UNDER HE LOAN DOCUMENTS, OR AT ANY TIME HEREAFTER, HE BANK MAY A JUDGMENT AGAINST HE UNDERSIGNED WITHOUT THE UNDERSIGNED'S PRIOR KNOWLEDGE 4SENT AND WITHOUT HE OPPORTUNITY TO RAISE ANY DEFENSE. SET OFF, COUNTERCLAIM OR CLAIM WHICH UNDERSIGNED MAY HAVE, AND MAY GARNISH AND ATTACH HE BANK ACCOUNTS HER ASSETS OF THE UNDERSIGNED WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR A HEARING; (e) THE UNDERSIGNED ACKNOWLEDGE(S) THAT THE UNDERSIGNED WILL BE UNABLE TO CHALLENGE THE JUDGMENT IN THE EVENT THAT THE BANK ENTERS HE JUDGMENT, EXCEPT BY PROCEEDING TO OPEN OR STRIKE THE JUDGMENT; AND THAT SUCH A PROCEEDING WILL REQUIRE PAYIAENT OF ATTORNEYS FEES AND COSTS BY THE UNDERSIGNED; (I) THE UNDERSIGNED REPRESENTS AND WARRANTS THAT HE LOAN FOR WHICH THE UNDERSIGNED HAS BECOME OBLIGATED FOR REPAYMENT PURSUANT TO HE LOAN DOCUMENTS HAS BEEF AD-VANCED FOR BUSINESS PURPOSES. 7YHl&T 31 IN WITNESS WHEREOF, and Intending to be legally bound hereby, the undersigned has duly executed this Acknowledgement of Confession of Judgment this IL) day of A62!2 k-- , 19 Ar, UNDERSIGNED Qf Individuals, partnership, etc.) UNDERSIGNED Of corporation) Busine s a (If y) Corporate Name Sy: Title., By Tide: Attest: Title: (CORPORATE SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: On the day of ,19 before me a Notary Public, the undersigned officer, personally appeared known to me (Or trstldactortly proven) to be the person(s) whose name(s) is (are) subscribed to the within instrument and 410IM fledged that he/she/they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have heraato set my hand and ofNclal seal. NotaryPublic COMMONWEALTH OF PENNSYLVANIA COUNTY OF On the day of _ personally appeared ,19 before me a Notary Public, the undersigned olMCar, known to me (or satisfactorily proven) to be the a of corporation/partnership, and that he/she as such officer/partner , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation/partnership by himself/herself as such officer/partner. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public SS. EXHIBIT 9r. Merldlan Bank RIDER TO NOTE Ivlridian Zar,I: ha? =32d wide CCiD..._.= ........ N., .. Reference is made to that certain Promissory Note (the "Note") dated the date hereof in the principal amount of $22,754.45 executed by the undersigned Borrower. Without otherwise modifying any provisions of the Note, it is understood and agreed that any prepayment of principal (including any principal repayment as a result of acceleration of the Note by Bank) shall require immediate payment to Bank of a prepayment fee equal to the amount, if any, by which the aggregate present value of the scheduled principal and interest payments eliminated by the prepayment exceeds the principal amount being prepaid. Said present value shall be calculated by application of a discount rate determined by Bank in its reasonable judgment to be the yield-to-maturity at the time of prepayment of U.S. Treasury securities having a maturity which most closely approximates the final maturity of the principal balance then outstanding. Prepayments shall be applied to scheduled payments of principal in the inverse order of their maturity, shall be accompanied by accrued interest on the amount being prepaid and, unless payment of the Note has been accelerated by Bank, shall not be permitted in an amount less than the amount of the scheduled principal payment due immediately prior to final maturity of the outstanding principal balance. This rider. is dated Dc'CE.trdCi? /?fffy , 1997 and shall be attached to and made part o! the ote. MERIDIAN BANK BORROWER J. Bar, c y ADrurc=e, V ce President By: Joh W. L e, R?oent W tees EXHIBIT 8: BINQANAN, NESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST UNION NATIONAL BANK, NO. successor by merger to Meridian Bank, Plaintiff Vs. CIVIL ACTION - LAW JOHN W. LANE, Defendant CONFESSION CF JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS : 8B. Kathleen Miller, being duly sworn according to law, deposes and says that she is a duly authorized officer of First Union National Bank, Plaintiff herein, and that she is authorized to execute Affidavits on Plaintiff's behalf, and that the facts set forth on the foregoing Complaint are true and correct to the best of her knowledge, information and b lief. Kathleen Miller Sworn to and subscri ed before me this -fis"ll' day of 1999. Notarial Seal J. am yn M. Valore. Notary Public Reading. Barks County My Commission Expires Aug. 20, 2 001 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST UNION NATIONAL BANK, successor by merger to Meridian Bank, Plaintiff Va. JOHN W. LANE, Defendant NO. CIVIL ACTION - LAW CONFESSION OF JUDGMENT CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS as. Karen Feryo Longenecker, Esquire, being duly sworn according to law, deposes and says that to the best of her knowledge, information and belief, the addresses of the judgment creditor and the judgment debtor in the above-captioned case are as follows: Creditor: Debtor: First Union National Bank John W. Lane 600 Penn Street Three South 40`h Street P.O. Box 1102 Camp Hill, PA 17019 Reading, PA 19603 Karen Fey Longeaecl Attorneys for Plaint if Sworn tq and subscribed before me this 3 day of _ z mb r-, 1999. Nota? ?i y. Notarial Seal Mallssa N. Young, Notary Public Reading, Banks County My Commission Expires Aug. 13. 2001 BINOAMAN, HESS, COBLENTZ & BELL, P. C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 FIRST UNION NATIONAL BANK, successor by merger to Meridian Bank, Plaintiff Vs. JOHN W. LANE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CONFESSION OF JUDGMENT AFFIDAVIT OF EARNINGS Kathleen Miller, being duly sworn according to law, deposes and says that she is an authorized officer of First Union National Bank, Plaintiff herein, and that she makes this Affidavit on its behalf, being authorized to do so, and as such states that to the best of her knowledge, information and belief, at the time of the signing of the instrument containing the provision for judgment by confession, the Defendant, John W. Lane earned more than $10,000.00 per year. Kathleen Miller Sworn to and subscri before me this day of 1999. Notarlel Seal Jarrilyn M. Velore, Notary Public Reading, Barks County My Commission Expires Aug. 20, 2001 Mem er, ennsylvanla Association o otar as BINOAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 Attorneys for Plaintiff 601 Penn Street, Suite 660 P. 0. Box 61 Reading, PA 19603-0061 (610) 374•-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST UNION NATIONAL BANK, NO. successor by merger to Meridian Bank, Plaintiff VS. JOHN W. LANE, CIVIL ACTION - LAW Defendant CONFESSION OF JUDGMENT AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for First Union National Bank, the Plaintiff herein, and hereby certify that judgment is not being entered against a natural person in a consumer transaction, as the loan evidenced by the promissory rote upon which judgment is being confessed was advanced for commercial purposes. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: e?? ? Karen Fery ongenec} r Sworn to and subscribed before me this Std day of Af 0+LMbrr• 1999. Eat " 0 6" Notary Public/ Notarial Seal Melissa N. Young, Notary Public FeadV. Barks County My commleslo Expires Aug. 13, 2001 Member. Pennsylvania Association of Notaries , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Karen Feryo Longenecker, Esquire Identification No. 47093 601 Penn Street, Suite 660 P.O. Box 61 Reading, PA 19603-0061 (610) 374-8377 FIRST UNION NATIONAL BANK, successor by merger to Meridian Bank, Plaintiff VS. JOHN W. LANE, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA sa. COUNTY OF BERKS Kathleen Miller, being duly sworn according to law, deposes and says that she is a duly authorized officer of the Plaintiff herein, and as such states the following: 1. The Defendant, John W. Lane, is not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors, Civil Relief Act of 1940, as amended. 2. The Defendant, John W. Lane, is more than 21 years of age and has an address at Three South 40`h Street, Camp Hill, Pennsylvania 17019. 3. She has ascertained the above information by personal investigation and makes this Affidavit with due authority. Kathleen Miller Sworn to and subscri d before me thXsl 0 day of , 1999. -.omm , ;ion Expires Aug. ? 0, 2001 _?rn^svlsanin Assnciatlnn n NN. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Date: John W. Lane Three South 40th Street Camp Hill, PA 17019 RE: First Union National Bank, successor by merger to Meridian Bank, Plaintiff vs. John W. Lane, Defendant Cumberland County Court of Common Pleas Dear Mr. Lane: First Union National Bank, successor by merger to Meridian Bank, this date has entered judgment by confession against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the amount of $12,774.10 together with interest at the Prime Rate plus 3.5% per annum (currently 11.5% per annum , $3.75757 per diem) and for all additional attorney's fees and costs of suit. This judgment was entered to the above referenced Docket Number , Cumberland County Court of Common Pleas. Enclosed please find true and correct copies of the following documents filed by First Union National Bank in the subject action: 1. Complaint in Confession of Judgment; 2. Confession of Judgment; 3. Certification of Addresses; 4. Affidavit of Earnings; 5. Affidavit of Commercial Transaction; and 6. Affidavit of Non-Military Service. Cumberland County Prothonotary By: Deputy Prothonotary If you have any questions regarding this Notice, please contact the filing party: NAME: Karen Feryo Longenecker Attorney for First Union National Bank ADDRESS: Bingaman, Hess, Coblentz & Bell, P.C. P.O. Box 61, Reading, PA 19603 TELEPHONE: 610-374-8377 r; cr, ) -1( V U v U r + lJ rs SHERIFF'S RETURN - REGULAR CASE NO: 1999-05471 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. LANE JOHN W CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGMENT was served upon LANE JOHN W the defendant, at 10:18 HOURS, on the 23rd day of September 1999 at THREE SOUTH 40TH ST CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to RHONDA HUMMEL (OFFICE MANAGER) a true and attested copy of the CONFESSION OF JUDGMENT , together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: // Docketing 18.00 Z Service 8.68f?S? Affidavit .00 Surcharge 8.00 NC it-iSZ?; 5 $.3 ?-09/24 196-HE S CLOBENTZ -BELL by \ Sworn and subscribed o before me this . I yL?t day of 19Q!F_ A.D. LIUOI. // sEary /?, SHERIFF'S RETURN - REGULAR AMENDED CASE NO: 1999-05471 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. LANE JOHN W CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon LANE JOHN W the defendant, at 1018:00 HOURS, on the 23rd day of September 1999 at THREE SOUTH 40TH ST. CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to RHONDA HUMMEL, ADULT IN CHARGE FOR DEFT. a true and attested copy of the NOTICE together with NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 8.68 y' fbC Affidavit .00 7 Surcharge 8.00 x. arlomas Kline, sherIff 09/24 ffl HESS COBLENTZ & BELL 1.9 99 ., byPAN L p 'PS'€Y`ii?'Wll? Sworn and subscribed to before me this ;za day of m?l 1.9 99 A.D.