HomeMy WebLinkAbout99-05650ALLFIRST BANK, Successor to IN THE COURT OF COMMON PLEAS
Dauphin Deposit Bank & Trust CUMBERLAND COUNTY, PENNSYLVA
Company, CIVIL ACTION - LAW
Plaintiff
No. 99-5650
VS.
PREPARED MILLWORK, INC.
Defendant
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF LEBANON
AFFIDAVIT OF SERVICE
Richard D. Fields, Constable of the Commonwealth of
Pennsylvania, being duly sworn according to law, deposes and
says that he served an original Notice Under Rule 2958.1 of
Judgment and Execution Thereon - Notice of Defendant's Rights i
the within action, a true and correct copy of which is attached
hereto, upon Prepared Millwork, Inc., by handing it personally
to Leroy K. Gordon, President, on the 16th day of September,
1999 at 10:00 o'clock a.m. at 102 Locust Street, East Berlin
(Rear), Pennsylvania and by making known to him the contents of
the same.
So answers, Richard D. Fields, Constable of the
Commonwealth of Pennsylvania.
i har D. Fields, Constable
Sworn and subscribed to before me:
this lb day of September, 1999.:
di-L, m0. L; < h0.a L
Notary Public
TERESA M?PoE SHARK ENotary Public
Lebanon. Lebanon County
My Commission Expires Feb 14 2002
ALLFIRST BANK, Successor to
Dauphin Deposit Bank & Trust
Company,
Plaintiff
VS.
PREPARED MILLWORK, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVA
CIVIL ACTION - LAW
No.??'J??oJU
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
To: Prepared Millwork, Inc.
7B Troy Circle
Enola, PA 17025
A judgment in the amount of
Principal -
Interest 9/2/99 -
Attorney's Commission (15% of
unpaid principal and interest) -
Total -
$ 498,476.44
9,696.06
$ 584,398.3
Plus all future accruing interest until paid in full ($128.0875
per diem), late fees, a reasonable attorneys' commission,
together with costs of suit and all other amounts, fees, and
costs incidental to execution and levy, has been entered agains
you and in favor of the Plaintiff without any prior notice or
hearing based on a confession of judgment contained in a writte
agreement or other paper allegedly signed by you. The Sheriff
may take your money or other property to pay the judgment at an
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:
Legal Services, Inc.
Seven North Hanover Street
Carlisle, PA 17013
(717) 243-9400
(717) 766-8475
HENRY & BEAVER LLP
By:
MARL A. E , ESQUIRE
I.D. #55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
Attorney for Plaintiff
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland county is required by
law to comply with the Americans with Disabilities Act of 1990.
For information about accessible facilities and reasonable
accommodations available to disabled individuals having busines
before the Court, please contact the Court Administrator's
Office at (717) 240-6200. All arrangements must be made at
least 72 hours prior to any hearing or business before the
Court. You must attend the scheduled conference or hearing.
- 2 -
lf: L
(] (V
C7.i
a
.
r.r•:j
O ? CJ
S
?Ny T ? N N
1 n n
Z :j
LL
W
J
L:
ALLFIRST BANK, Successor to IN THE COURT OF COMMON PLEAS
Dauphin Deposit Bank & Trust CUMBERLAND COUNTY, PENNSYLVA
Company, CIVIL ACTION - LAW
Plaintiff
No.
VS. 99- DSO
PREPARED MILLWORK, INC.,
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO: PROTHONOTARY
Please enter the appearance of Marc A. Hess, Esquire of the
firm of Henry & Beaver LLP, whose address is 937 Willow Street,
Lebanon, Pennsylvania 17046 as attorney for Allfirst Bank,
successor to Dauphin Deposit Bank & Trust Company, the Plaintiff
in the above-captioned matter.
Dated: September 13 , 1999
HENRY L
By
MAR A. S, ES UIRE
I.D.#55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042
(717) 274-3644
L•? n
,I? ` J
C
??i
??) ;
.. CJ
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
TO: Prepared Millwork, Inc.
7B Troy Circle
Enola, PA 17025
ALLFIRST
Dauphin
Company, BANK, Successor to
Deposit Bank & Trust
Plaintiff
va. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
?„ .
No.
PREPARED MILLWORK, INC.,
Defendant
NOTICE
Pursuant to Pa.R.C.P. Rule 236 please be advised that
judgment by confession in the above proceeding was entered
against you on -, 1999, in the amount of Five
Hundred Eighty-Four Thousand Three Hundred Ninety-Eight Dollars
and Thirty-Eight Cents ($584,398.38), plus all future accruing
interest until paid in full ($128.0875 per diem), late fees, a
reasonable attorneys' commission, together with costs of suit
and all other amounts, fees, and costs incidental to execution
and levy. Copies of all documents filed are attached hereto.
Prothonotary
h
ALLFIRST BANK, Successor to
Dauphin Deposit Bank & Trust
Company,
Plaintiff
Vs.
PREPARED MILLWORK, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVA
CIVIL ACTION - LAW
No. CMG' - Srd
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of
attorney, a copy of which is attached to the Complaint filed in
this action, I appear for the Defendant and confess judgment in
favor of the Plaintiff and against the Defendant as follows:
Loan No. 0271322-0101
Principal - $ 498,476.44
Interest 9/2/99 - 9,696.06
Attorney's Commission (15% of
unpaid principal and interest) - 76.225.88
Total - $ 584,398.38
Plus all future accruing interest until paid in full ($128.0875
per diem), late fees, a reasonable attorneys' commission,
together with costs of suit and all other amounts, fees, and
costs incidental to execution and le
tto ney e ndant
11 4 r-0-Prothonotary ' J
?,a
ALLFIRST BANK, Successor to
Dauphin Deposit Bank & Trust
Company,
Plaintiff
VS.
PREPARED MILLWORK, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVA
CIVIL ACTION - LAW
No.
COMPLAINT
1. The Plaintiff is Allfirst Bank, a Maryland State
charted commercial bank, successor to Dauphin Deposit Bank &
Trust Company, with an office located at 3607 Derry Street,
Harrisburg, Pennsylvania 17111.
2. The Defendant, Prepared Millwork, Inc., is a closely
held Pennsylvania corporation whose officers are believed to
accept mail at 7B Troy Circle, Enola, Cumberland County,
Pennsylvania 17025.
3. On March 25, 1996, the Plaintiff loaned to Prepared
Millwork, Inc. the sum of Three Hundred Thousand Dollars
($300,000.00) as evidenced by a Commercial Loan Note Line-of-
Credit bearing loan number 0271322-0101. Subsequent thereto on
August 19, 1997, pursuant to a Commercial Loan Note Line-of-
Credit in the additional principal amount of Two Hundred
Thousand Dollars ($200,000.00) and bearing the same loan number
Plaintiff extended this line-of-credit and the total principal
debt outstanding of Five Hundred Thousand Dollars ($500,000.00)
True and correct copies of the Notes are attached hereto as
Exhibits "A" and "B" and incorporated herein by reference.
4. The said instruments have not been assigned.
5. Judgment has not been entered on the said instruments
in any jurisdiction.
6. Defendant is currently liable to Plaintiff as follows:
Loan No. 0271322-0101
Principal - $ 498,476.44
Interest 9/2/99 - 9,696.06
Attorney's Commission (15% of
unpaid principal and interest) - 76.225.88
Total - $ 584,398.38
Plus all future accruing interest until paid in full ($128.0875
per diem), late fees, a reasonable attorneys' commission,
together with costs of suit and all other amounts, fees, and
costs incidental to execution and levy.
7. Judgment is not being entered by confession against a
natural person in connection with a consumer credit transaction.
WHEREFORE, Plaintiff requests that judgment be entered in
favor of the Plaintiff, Allfirst Bank, successor to Dauphin
Deposit Bank & Trust Company, and against the Defendant,
Prepared Millwork, Inc., in the amount of Five Hundred Eighty-
Four Thousand Three Hundred Ninety-Eight Dollars and Thirty-
Eight Cents ($584,398.38), plus all future accruing interest
until paid in full ($128.0875 per diem), late fees, a reasonable
- 2 -
attorneys' commission, together with costs of suit and all other
amounts, fees, and costs incidental to execution and levy.
HENRY L
By ? \
MARC A. HE S, ESQUIRE
I.D. #55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
Attorney for Plaintiff
- 3 -
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF LEBANON
James S. Gates, Vice President, of Allfirst Bank, successor
to Dauphin Deposit Bank & Trust Company, being duly sworn
according to law, deposes and says that he has authority to sign
this Affidavit on behalf of the Allfirst Bank and that the facts
set forth in the foregoing complaint are true and correct to the
best of his knowledge, information and belief; and that the
copies of the Commercial Loan Notes/Line-of-Credit, Exhibits "A"
and "B" attached to the Complaint, are a true and correct copies
of the originals which are held in the files of the Plaintiff
and which were executed and delivered by the Defendant to
Plaintiff.
ALLFIRST BANK
Successor to
Dauphin Deposit Bank
& Trust Company
By: ylook--`
James S. Gates
Vice President
Sworn and subscribed to before me:
this _ day of
1999.
Notary Public
NOTARIAL SEAL
TERESA MARIESHAAK, Notary Pubpc
Lebanon, Lebanon County
M Commisslon Ex Tres Fob. 14, 9M,
' a
IL..
PI?EP,?R?r m?u.Woi ?r?
Commercial Loan Note
Line of Credit
()Ak /?, dl- 0/0 /
® Dauphin Deposit Bank
and fiat CorTtpary
Member FDIC.
4 ..39(leqpo•o0 Date 'n mKkN aS Vill(a
The Undersigned, jointly and severally, promise to pay to the order of Dauphin Deposit Bank and Trust Company (the
"Bank") or Its Assigns at any of its bank offices Steep hundred thousand and 00/100 **************** Dollars,
to be paid as follows:
Principal payable On Demand
With Interest At a rate per a= equal to the Dauphin Deposit Base Rate as in '•
-.r+t :0•p+•, _.. r.-,ft Pffert`from tine t0--time plus 1R. .' _. '+.d •?,. l?A)?.i;,ytify(.'st_ .,..
kdereat shall be calculated on the bsais of the actual number of days In the than current calendar year divided by 300. Both principal and Interest am payable In lawful money
of the United Odes of America at any office at Bank In Immediately available funds.
PREPAYMOJI. This rate may be prepaid In whole or In pan al any time at the option of Undersigned without premium or partially. Each prepayment shall be ppil d first to In.
Want, p arty, IMn rice and tun Is pdndpal. .. y c- " : , :,...:.. , ,. ; l•. ,
STATEMENT OF ACCOUNT. The Bank pea furnish the Borrower with a statement of account on a periodic basis. Each and every statement of account man be final, concluelw
and WrldNp pm the Undirilprrd In sup rspecte u ts Iho outslmdlrhp Wertce of prlnolpal and es to all bens, Ises, Imwad, charges, wYmenla, rsoeipts, balerhon, and Y
cUhn mdlM rdisaed UerNn unless tie Bosowef, whhln fan (t0) days aher the peallnp therad In Ma United 61etse mM, Mell pipe ndlse te tlw Bulk In wdtlrlp of any objao
Uoris sefYch tle UndenlpMd relay lase b aryisuch Nlsmmt d account and In such evsn4 only tlhoae (lams sxpreWy objaced b In each wrihen nolkw ?Ihafi M tonaldersd b
W tllrptbd , Ile Urdiralphed ? aA hotlnrltana'MII M blrdkap ,:. y `l i x s f - .. .. , r.c ",i i ?: ' ' i"j•?'SELY/R Nsecurity br the wymenl d Mtla rap and for tlr paymsn4 wrlamerwe eM dlxhsrgs of afi dMr preeenl a Man InOeblednsw, aWlpaeona erd undMaldnpe
(kMvWuY, ptm, several, dkecL rxxningml a otherwise) d the Borrower te or ten Ne benefit of the Bmk whether aMlnp directly b to Benk urdii this yatd a uMar airy other
to posseeslon of or seslcned or
with
¦ Dan upon and security Interval M the CdistefY,'M(d;d A" In can.
to
The LNlort WM sue CmatNaL to esdme tle payment of this note and any renewals, axtena mit&W modtlcatlohe thereof and as other existing fi.bauu,"uiwuw ateduu Or con•
IIngis d tl* (kderslpnal a my of titers, as the Bonk, said no and my ranewala, extension and hnod ficatkne Mered and said other liabilities being hereinsXr ootlMNNy
taco ad to as the "Uabrides". N arty other' WWlthis we In existence when this rote is paid, therk •notwlthstaedrng the aummicW of this note, the Bank may rased the Case"
and wwo It" wM rspeut diersto an rights ate remedies available to X. Including twee herein granted or referred to, sued a true copy at this note shat be suXidan proof of
Ute it"glarl(ed herdn. Said ten and security sameri shag be independent of any right of selalf which the Bank may hem. The Undersigned sesames hA resporsebNty for
priirvMlon d M CoesteM, Including Wring any step necessary to preserve my rights of the Undersigned, or my of them or the Bonk In X apslM prior parties. If my prep
perry. (refitted In f ODRateral or Our Wue tared shelf at any time became imaatnfadory it, the Bank, the Underepnw'shall after es?,a Bank.
may Ailed, tlervei, wlgn & hypdhadte to tthe Bonk as pert of the Collelual eddpkaW property which Is "list" l to Bancj'[? ,, ssus?7K! .: r fir e" v • .
RIGHTS OF BANK. M sddXbn p an char npMS granted heroin a dherwlee possessed by e, the Bank shall have the bllowing rights, each of whkh may be exercleed at any
time without prior hotly to or convent or any of the Undersigned: (1) to pledge or transfer this noto and any renewals, extensions and modifications thereof, assigning therewith
the Bank's rights In the Collateral or any portion thereof, and my such pledgee or transferee shall have all the rights of the Bank hereunder with respect to this note and any
renewals, extenslons and modifications thereof and any of the Collateral so assigned (herewith, and the Bank shall be thereafter relieved from Oil) liability with respect to any of
the Collateral so assigned; pi) to transfer the whole or any pan of the Collateral into the name of itself or its nominee; (iii) to vote the Collateral; (iv) to notify the persons
obligated on my of the Collateral to make payment to the Bank of any amounts due or to became due thereon; (v) to lake control of any proceeds of the Collateral; and (vi) to
refeses or exchange any of the Collateral at my time before or after maturity hereot.
PAYMENT OF COSTS. In addition to the principal and Interest payments specified above, the Undersigned shell pay to the Bank or any other holder hereol, upon demand, all
ousts and expenses (Including reasonable atornays' lees and legal expenses) which may be Incurred by the Bank or such holder in the custody, preservation, use, operation,
preparation fed sets or Bete of the Collateral a the enforcement upon default of this note. Said costs shall Include reasonable attorneys' fees and costs In bankruptcy pro-
ceedings. Alto Include fees Incurred for my need action In relation to the ben transaction (Le. being pined in any action between our borrower and a 3rd pate).
DEFAULTS. The Undersigned shall be In default hereunder upon the occurrence of any of the following events: (a) the nonpayment when due of my amount payable on my of
to Liabilities, or ft failure of any Obligor to observe or perform any agreement of any nature whatsoever with the Bank (me term "Obligor" as used herein being mean to Iris
eWe the Undersigned, and an persons secondarily liable on this note a any reMwals, extenskea, or modification Ihenol, such as endorsers or guaranies); (b) B any Obligor
becarnes Insolvent or makes an assignment for the benegl of creditors, or If any petition Is filed by or against any Obligor under my provlslon of any law or statute alleging that
such Obligor Is Insolvent or unable to pay debts as they mature; (c) the entry of my judgment against any Obligor or the Issuing of any allachmmt or garnishment against any
property of any Obligor or the occurrence of any change In the financial cordtlon of any Obligor which In the sob judgment of the Bank is materially adverse; (d) the dissolution,
merrpsr, consolidation or reorganization of any Obligor which Is a corperallon or partnership; (e) the death of any Obligor who Is a natural carton; (e any Information heretofore a
hmsinafter famished to the Bank by any Obligor In connection with the loan evidenced hereby or any guaranty should be materially false; and (g) the failure of any Obligor to fur.
nlsh such financial and other information as the Bank may reasonably request.
ACCELERATION AND ENFORCEMENT RIGHTS Whenever the Undersigned shell be In default as aforesaid, (1) unless the Bank elects otherwise, the entire unpaid amount of
such of the Liabilities es are not then due and payable shall become Immediately due and payable without notice to or demand on any Obligor; and (2) the Bank may as Its op-
tion exercise from time to time my or all rights and remedies available to It under the Pennsylvarae Uniform Commercial Code or otherwise available to II, including the right to
dtspoes of the Collateral al public or private sate(s) or other proceedings, and the Undersigned agrees that the Bank or Its nominee may become the purchaser at any such
ale(s). The Undersigned waives all right to stay of execution and exemption of property In any action to enforce my of the Liabilaias.
APPLICATION OF COLLATERAL. The proceeds of any Collateral received by the Bank at any time before or after default whether from sale of Collateral or otherwise, may be
applied to or on account of the payment of such of the Liabilities and in such older as the Bank may elect. Each of the Undersigned to the extent that he has any right, title or
interest In any of the Collateral, waives and releases any right to require the Bank to collect any of the Liabilities from any of the Collateral under any theory of marshalling of
assets, or olherwfse, and specifically authorizes the Bank to apply any of the Cdlaeral in which he has a right, tills or interest against any of the Liabilities In arty manner that It
may determine.
JUDGMENT. The Undersigned does hereby authorize and empower any attorney of any Court of Record of Pennsylvania or elsewhere to appear for and enter judgment
against the Undersigned for the above sum, with or without declaration, with costs of suit, Including reasonable attorney's fees and fees In bankruptcy proceeds, if any, release
of errors, without stay of execution, and with fifteen (15%) percent, added (or collection fees; and Undersigned further agrees that real, personal or mixed property may be sold
upon any wan of execution as now or hereinafter provided by law or the Pennsylvania Rules of Civil Procedure governing the enforcement of judgments; and the Undersigned
hereby wahss and releases all relief from any appmbement. slay or e.empllon Nws of any slmn now in Bros or hmannx: onacted It e copy hrreaa, verified by affidavit. shaft
have been filed in such proceeding, it shall not be necessary to file the original as a warrant or attorney The Uheenigned (and each of them, f more than one) hereby waives
the right to any stay of execution and the benefit of all exemption laws now or hereinafter in effocl. No single exercise of this warrant and power to confess judgment shall be
deemed to exhaust this power, whether or not any such exercise shall be held by any court to be invalid. violable or void, but this power ehett continue undiminished and may be
exercised from time to time as cited as the Bank shall elect until all sums due hereunder shell have been paid in full.
MISCELLANEOUS. Any failure of the Bank to exercise any right hereunder shall not be construed es a waiver of the nght to exercise the same or any other right at any other
lime. If the Undersigned consists of more than one person. such persons shall be jointly and severally liable hereunder. The Undersigned intends this 10 be a settled instrument
and to be legally bound hereby. All issues arising hereunder shall be governed by the laws of Pennsylvania.
WITNESS OR ATTEST: BORROWER.
1nC,._ --
Partnership)
Name and Title
and
EXHIBIT
Title
(SEAL)
(SEAL)
as (SEALf
-. a... r,n.
, I.).- ).:
COMMERCIAL LOAN NOTE
LINE OF CREDIT
DAUPHIN DEPOSIT BANK AND TRUST COMPANY
BANK OF PENNSYLVANIA a FARMERS BANK a VALLEY13ANK
(')' a7 /-V.-; k yc yo/
(Bank of Pennsylvania, Farmers Bank and Valleybankare divisions of Dauphin Deposit Bank and Trust Company)
S- aoo,oos.os
FOR VALUE RECEIVED, the and
a (corporation/partnership/limited
promise to pay to the order of DA
amount of Two auaearo Taousaao a a
to be paid as o ows•
Inc.
Date August 19, 1997
.___., ,..._ __...... o. „ ,,,,,,,,y anu a'averauy In more v
AND TRUST COMPANY (the 'Bank') or its assigns, the
Principal is payable on demand. Interest Is payable monthly, accrued to the date of Bank's notice
thereof, with all accrued and unpaid Interest, and unpaid fees and charges, due with the principal
payment
Interest shall accrue at a rate per annum equal to the Dauphin Deposit Bank Base Rate plus 1.00%
as in effect from time to time. The term "Dauphin Deposit Bank Bass Rats,"
which Is not necessarily the lowest rate of Interest charged by the Bank, Is defined as the rate of
Interest for loans established by the Bank from time to time as Its base rate.
Interest shall be calculated on the basis of the actual number of days elapsed and a year of 360 days. Both principal and
interest are payable in lawful money of the United States of America at any office of Bank in immediately available funds. If
any payment due hereunder is received by the Bank more than fifteen (15) calendar days after its due date, the Borrower
shall pay a late payment charge equal to five percent (5%) of the amount then due or $10.00, whichever is greater.
APPL/CAT/ON OF PAYMENTS. All payments made hereunder shall be applied first to late payment charges or other
sums owed to the Bank, next to accrued interest and then to principal, or in such other order or proportion as the Bank, in
its sole and absolute discretion, may elect from time to time.
SECURITY. The payment of this note and any renewals, extensions and modifications thereof, and the payment
performance and discharge of all other present or future indebtedness, obligations and undertakings (individual, joint,
several, direct contingent or otherwise) of the Borrower to or for the benefit of the Bank, whether arising directly to the
Bank under this note or under any other agreement promissory note or undertakings now existing or hereinafter entered
by the Borrowerr1 to the Bank (c??{o{,llectively, the 'Liabilities') is secured by the property described in, and under and pursuant
Goflate4i1ii ieC Foor?Fl?neoeurilytfyree ment - General dated 03/25/96.
Collateral as set forth In a Security Agreement - Inventory and Accounts Receivable dated 03/25/96.
As additional security for the Liabilities, Borrower grants the Bank a lien upon and a security interest in any securities,
instruments or other personal property of Borrower now or hereafter in Rank's possession and in any deposit balances now
or hereafter held by Bank for Borrower's account and in all proceeds of any such personal property or deposit balances.
Such liens and security interests shall be independent of Bank's right of setoff.
STATEMCNT OF ACCOUNT. The Bank will furnish the Borrower will, a Staten wilt of account un a pvrrodic basis. Each
and every statement of account shall .be• fatal, concluneve and binding upmt the Bortnw.er in ,it u••.pect, as to 1114,
outstanding balance of principal and as to all loans, fees, interest, charges, payments, receipts, balances, and all other
matters reflected therein unless the Borrower, within ten (10) days alter the posting thereof in the United States mail, shall
give notice to the Bank in writing of any objections which the Borrower may have to any such statement of account; and
in such event only those items expressly objected to in such written notice shall be considered to be disputed by the
Borrower and all other items shall be binding.
PAYMENT OF COSTS. In addition to the principal and interest payments specified above, the Borrower shall pay to the
Bank or any other holder of this note, upon demand, all costs and expenses (including reasonable attorneys' fees, whether
or not litigation is commenced) which may bo incurred by the Bank or such holder in the collection or enforcement of this
note. Said costs shall include reasonable attorneys' fees and costs in bankruptcy proceedings and any costs and attorneys'
fees incurred for any action or proceeding in relation to the loan tr1s not limited to the joinder of
Bank in any action between the Borrower and a third party. //1lSS
06111.1
171416
DEFAULTS. Tko Borrowor shall be n default hereunder upon the occurrence ur any of the following events: (a) the
nonpayment when due of any amount payable on any of the Liabilities. or the failure of any Obligor to observe or perform
any agreement of any nature whatsoever with the Bank (the term 'Obligor' as used heroin being meant to include the
Borrower and all persons liable on the note or any renewals, extensions, or modification thereof, such as endorsers,
sureties, or guarantors): (b) if any Obligor becomes insolvent or makes an assignment for the. benefit of creditors, or if any
petition is filed by or against any Obligor under any provisions of any law or statute alleging that such Obligor is insolvent
or unable to pay debts as they mature; (c) the entry of any judgment against any Obligor or the issuing of any attachment
or garnishment against any property of any Obligor or the occurrence of any change in the financial condition of any
Obligor which in the sole judgment of the Bank is materially adverse; (d) the dissolution, merger, consolidation or
reorganization of any Obligor, which is an entity such as a corporation, limited partnership, partnership or limited liability
company; (e) the death of any Obligor who is a natural person; (f) any information heretofore or hereinafter furnished to the
Bank cy any Obligor in connection with the loan evidenced hereby or any suretyship or guaranty should be materially false;
and (g) the failure of any Obligor to furnish such financial and other information as the Bank may reasonably request. If
this Note is payable on demand, Bank's right to demand payment hereof shall not be restricted or impaired by the
absence of, nonoccurrence of or waiver of a default hereunder, and it is understood that Bank may demand payment at
any time.
ACCELERATION AND ENFORCEMENT RIGHTS. Whenever the Borrower shall be in default as aforesaid, (f) unless the
Bank elects otherwise, the entire unpaid amount of such of the Liabilities as are not then due and payable shall become
immediately due and payable without notice to or demand on any Obligor, and (2) the Bank may at its option exercise from
time to time any or all rights and remedies available to it at law or in equity. The Borrower waives all right to stay of
execution or garnishment and exemption of property in any action to enforce any of the Liabilities.
JUDGMENT. The Borrower does hereby authorize and empower any attorney of any court of record of Pennsylvania or
elsewhere to appear for and enter judgment against Borrower for the above sum, with or without declaration, with costs of
suit, including reasonable attorneys' fees and fees in bankruptcy proceedings, if any, release of errors, without stay of
execution, and with fifteen (15%) percent added for collection fees, and the Borrower further agrees that real, personal or
mixed property may be sold or garnished upon any writ of execution or writ of garnishment as now or hereafter provided
by law or the Pennsylvania Rules of Civil Procedure governing the enforcement of judgments; and Borrower hereby waives
and releases all relief from any appraisement, stay or exemption laws of any state now in force or hereafter enacted. If a
copy hereof, verified by affidavit shall have been filed in such proceeding, it shall not be necessary to file the original as a
warrant of attorney. The Borrower (and each of them, if more than one) hereby waives the right to any stay of execution
and the benefit of all exemption laws now or hereafter in effect. No single exercise of this warrant and power to confess
judgment shall be deemed to exhaust this power, whether or not any such exercise shall be held by any court to be invalid,
voidable or void, but this power shall continue undiminished and may be exercised from time to time as often as Bank shall
elect until all sums due hereunder shall have been paid in full.
WAIVERS. The Borrower hereby, waives presentment notice of dishonor and protest. The Borrower hereby waives and
releases all errors, defects and imperfections of a procedural nature in any proceedings instituted by the Bank hereunder,
as well as all benefit that might accrue to the Borrower by virtue of any present or future laws exempting any property, real
or personal, or any part of the proceeds arising from any sale of such property, from garnishment attachment levy or sale
under execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment The
Borrower agrees that any property. real or personal, that may be levied upon pursuant to any writ of execution or writ of
garnishment issued on any judgment by virtue of this note, may be sold, in whole or in part, in any order desired by the
Bank.
HOLDERS IN DUE COURSE. This note may be assigned by the Bank or any subsequent holder of this note at any time or
from time to time. The Borrower hereby agrees that no subsequent holder of this note to whom the note was transferred
for value shall be subject to any claims or defenses which the Borrower may have against a prior holder, all of which are
waived as to such subsequent holder, and that all such subsequent holders shall have all of the rights of a holder in due
course even though the subsequent holder may not qualify, under applicable law, absent this paragraph, as a holder in due
course.
MISCELLANEOUS. Any failure of the Bank to exercise any right hereunder shall not be construed as a waiver of the right
to exercise the same or any other right at any other time. If the Borrower consists of more than one person, such persons
shall be jointly and severally liable hereunder. The Borrower intends this to be a sealed instrument and to be legally bound
hereby. This note shall inure to the benefit of and be enforceable by the Bank and its successors and assigns and be
binding and enforceable against the Borrower, its legal representatives, successors and permitted assigns. All issues
arising hereunder shall be governed by the laws of Pennsylvania without giving effect to choice of law rules.
WITNESS OR ATTEST: BORROWER:
Prepared Millwork, Inc.
(Seal)
Name an it e
(Seal)
ame and Title
lame and rttlc
Nano and title
(Seal)
Address (Name -..
P.O. Bow 1(), Carlisle. PA 17013
o Individual, Corporation.
Partnership or Limited Liability Company)
By / _(Seel)
l/ amea it
By. (Seal)
Name and _ it e
By: (Seal)
Name and it e
By ----------- (Seal)
Namc and Title
3/96
CE-111.2
" ? ?xJ `may
N ? N N
c
_ n
^ C
?
o g
o
a
? LL
W
L- L I
J