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HomeMy WebLinkAbout99-05652 (2) a,?N M ' ear: ? kp Y G.i ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEBANON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW No. 99-5652 ss. 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 Leroy K. Gordon, by handing it personally to Leroy K. Gordon, 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. RichiI T-K Fields, Constable Sworn and subscribed to before me: this J(e±- day of September, 1999.: 1710 t - Notary Public NOTARIAL SEAL TERESA AtARIEBHAAK,Notary Public Lebanon. Lebanon County My Commlaalon Expires Peb 14, 2002 ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW No. 99 - 55oL? NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Mrs. Karen E. Gordon 7B Troy Circle Enola, PA 17025 A judgment in the amount of: Principal - $ 498,476.44 Interest 9/2/99 - 9,696.44 Attorney's Commission (151 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, 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 s may take your money or other property to pay the judgment at any k 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 & BE R LLP By: ??. RXC S, E QUIR 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 business 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 - V) w ? C 1 .. Cry C11I IJ. CJ O? L. ON C> S? S S N ? N N a n n Cl W J ? r r ? r P-16-99 THU 03;49 PM FAX NO. 717 274 6782 P. 03/08 R ALLFIRST BANK, successor to IN THE COURT OF COMMON PLEAS Dauphin Deposit Hank & Trust Company, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff Vs. No •7 /'S(vJ 2 LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants ACC&PTANCE OF S RVIC COMMONWEALTH OF PENNSYLVANIA . COUNTY OF LEBANON ss. I, Thomas J. MacNeely, Esquire, accept service of the original Notice Under Rule 2958.1 of Judgment and Execution Thereon - Notice of Defendants' Rights, a copy of which is attached hereto, on behalf of my client, Karen E. Gordon. I certify that I am authorized to do so. ROSEN, JED ,UdN.9, & GREENWALD By:_// 15 $o h Fran klinrSt ee Wilk -Barre, PA Atto ey for Def n nts ' ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff V9. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW No. 99- 55? NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Mrs. Karen E. Gordon 7B Troy Circle Enola, PA 17025 A judgment in the amount of: Principal - $ 498,476.44 Interest 9/2/99 - 9,696.06 ` Attorney's Commission (1516 of unpaid principal and interest) - 76.225.88 Total - $ 584,39838 Plus all future accruing interest until paid in full ($128.08 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 agai you and in favor of the Plaintiff without any prior notice,oz hearing based on a confession of judgment contained in a wr agreement or other paper allegedly signed by you. The Sherif may take your money or other property to pay the judgment at': •11 t - r 1 . I 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 & BE R LLP i By: ?. WZRC S, E QUIR 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 - N U': L UJ<! N ? Q w N _) T G?1,1 C? 11? ..7y f)CL cn U Q1 CJ ? ?m 5 h ? ? N N Y 6 O n ? f W J 1 v OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Mrs. Karen E. Gordon 7B Troy Circle Enola, PA 17025 ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW c No. 97 ?,?.ll?So? 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 , 1 .9, 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. 0 wry J Prothonotary '!? C'7 _ U. ?- := ? i _ _ J ? _ ? C. .1 ' C?' ?.. r ? vl ??.J ? `? f.' _' ? ._ 1 . 41 ?.. J OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Mr. Leroy K. Gordon 7B Troy Circle Enola, PA 17025 ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW No. 99•??ca? ?(fK 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. \ f-I Prothonota \? ? `) \? i ?, t" ?? .' C` (l J ?r i_ ,_` -?? n ? L,' .? .... ,.,? :??-?J Cl :J `J ALLFIRST BANK, Successor to IN THE COURT OF COMMON PLEAS Dauphin Deposit Bank & Trust CUMBERLAND COUNTY, PENNSYLVA Company, CIVIL ACTION - LAW Plaintiff No. VS. 9? -.S?,S?oZ Cf..? LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Marc A. Hess, Esquire of tY 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 Plaintif in the above-captioned matter. Dated: September 6 , 1999 HENR P By MAR A. H SS, ESQUIRE I.D.#55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 ( f N ?_' >-: ? _?. 1.-.1 ? ' .. n L V. i;J ? Cl %_i Gl :.^. ?) CJ ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff Vs. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. qq_54S 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 Defendants and confess judgment in favor of the Plaintiff and against the Defendants as follows: 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 JPVVA /tor y or De e p n ante Prothonotary ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. vs. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants 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 Defendants, Leroy K. Gordon and Karen E. Gordon, are adult individuals who are believed to reside 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 Dollars ($300,000.00) pursuant to the terms of a Commercial Loan Note Line-of-Credit bearing loan number 0271322-0101. Subsequent thereto on Augusts; 19, 1997, pursuant to a Commercial Loan Note Line-of-Credit in A, 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 to Five Hundred Thousand Dollars ($500,000.00) 4. Defendants, individually, jointly, and unconditionall made themselves sureties for the aforesaid debt and obligations arising under Line-of-Credit 0271322-0101 pursuant to the terms of a Suretyship Agreement, a true and correct copy of which is attached hereto as Exhibit "All and incorporated herein by reference. 5. The Suretyship Agreement has not been assigned. 6. Judgment has not been entered on the Suretyship Agreement in any jurisdiction. 7. Defendants are 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,U75 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. 8. 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 Defendants, Leroy - 2 - K. Gordon and Karen E. Gordon, his wife, individually and jointly, 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. HENRY By: 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, 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 copy of the Suretyship Agreement, Exhibit "A" attached to the Complaint, is a true and correct copy of the original which is held in the files of the Plaintiff and which was executed and delivered by the Defendants to Plaintiff. ALLFIRST BANK Successor to Dauphin Deposit Bank & Trust Company By: James "S. Gates Vice President Sworn a d subscribe to before me: this 1' day of 1999. ! Notary Public NOTARIAL SEAL TERESA MARIE SHAAK, Notary Public Lebanon, Lebanon County My Commission Expires Feb. 14, 2002 SUREVSHIP AGREEMENT n OAUPHIN DEPOSIT BANK AND TRUST COMPANY `? BANK OF PENNSYLVANIA a FARMERS BANK a VALLEYBANK (Bank of Pennsylvania, Farmers Bank and Valleybank are divisions of Dauphin Deposit Bank and Trust Company) For value received, the Undersigned, jointly and severally, hereby unconditionally agree to make prompt paymeDat the; liabiliusa due Dauphin Deposit Bank and Trust Company, hereinafter called 'Bank,' of any kind. win ether now existing or hereafter arising due Of which nt of all obligations, indebtedness and Is aPre biared ome due. Millwork Inc, whetherby acceleration or ohervhera absolute or contingent. tint or several, V , heroine ter ca mower, a suc o Igattons airs, creme ter tin er escrl I ) direct or indirect, secured or unsecured pay all axpansea (Including attorn°ya' fees and I a p coffee t te abilities, or any pan [her P Y an ca active y ca a t e a t lees, an t o n eraign eg s Undersigned hereunder i a pri mary a to o!, whethereogrnof ba?ro tc ehesrbeen dloclared and hmenlorcg this Surecah? by the Bank in enrleavonng nd direct obligation without regard to any other obligor or securry or collateral held by the Bank. The Undesired here eby waive all notices o! any character whatsoever with rea act to this Sure shi N p aemant. The liability of the for which the Sure ship Agreement has keen executed, including but net limned to notice of the acceptance hereof and rebance hereon and notice of default by the So" r. The Undersigned hareb N P Agreement and the Uabilities of the Borrower ndarsignd, any ny a ac do tion of any nature whatsoever with rasPecf to the Uabilities of the Bonower, Y Blve consent to the Bank to the taking of, or lallure to take. from time to tines, without notice to including the Borrower and any of the the Undersigned, in any props extensions, exchange na, s, releases, and aetislactiona. The Undersigned shall remain tulip liahle on his Sure?aho anY nghta against any parson or perso foregoing. M. including, but not limited to, anY PoatPOnementa, compromises, indulgences, waivers. (This Sureryship Agreement shall in all respects ba a continuing, absolute and unconditional ae, andAehalh amain onw full force and effect notwithstanding, without limitation, the death, incompetency or dissolution Liabilities may have been paid in full) This of any of the Undersigne the Bank of written notice If or that at any time. or from time to time, all . Sureryship Agreement is subject to discontinuance as to any of the Undersigned only upon actual rec as to such Undeaigned; pr from ovided such however, Chet Undersigned, no or su any discontinuance any Partic duly authorized and acting on obehalf Underslgn eipt by r im of such Undersigned. of the d oonhnuance hereof Of the created or acquired thereafter pursuant to an agreements and obhganona of such Liabilities hereunder with respect to (a) any and all Uabilities existing prior to the time of actual receipt of such notice by the Bank. encook ewals (b) any of and all any previous binding Commitments made by the Bank (c) any and all extensions r any the foregoing and in enforcing this Suretyship th foregoing (d) any and all interest any of the foregoing, and (e) any and all expenses paid or mcurre,d by the Bank in en nsions o1 rto any of shall, notwithstanding any such notice of discontinuance, remain fully in effect until all Liabilities not subject to an eHeetive notice Agreement against such Undersigned. All obligations of the Undersigned under this Sureryahip Agreement (including any extensions or renewals of any thereof) and all such interest and expenses shall have been paid in lull. Any notice of discontinuance by or At the option of discontinuance on behalf of anyone of the Undersigned shall not affect or impair the obligations hereunder of any other of the Undersigned. event any of the following shall occur. (a) Borrower shall fall to make an of Bank, all Uabilities of Borrower shall become immediately due and payable by the Undersigned, wthout demand or notice, in the Sure shi any Payment or meat any other liability when due: (b) Borrower or the Undersigned shall fail to observe or perform any obligation, term, condition or Provision of Borrower under any document evidencing or securing the Uabilities, this N P Agreement or any other agreement, document, certificate, instrument of secunN' representation, warranty or certificate made or furnished 6 certificate, instrument of security, suretyship or guaranty iven bbonower to Bank, h connection suretyship or guaranty given b r thereunder shall be materially else: (d) Borrower or any o1 the n _ any cer with the financial statement or any other rateemen? document. m amended, of in any part Undersigned shall make an assignment for the benefit of creditors; (a) Proceedings in bankruptcy or for reorganization of Borrower or any of the U ders gn dt or for her readjustment off any of their debts underpthe Bankruptcy Act. as commenced thereof or under any other act or law, whether state or federal, for the relief of debtors now or hereafter existing,r for any by or against Borrower or the Undersigned: (f) A receiver or trustee shall be a s dstantial part of their assets; or any proceedings are instituted for the tltssolution, pthe fed for shall be 9 (r, Material adverse than Borrower or any of the Undersigned o Undersigned or, if Bonn ges to the financial condition of the Borrovver or the lull or partial liquidation. (h) A dea o B Borrower r or or Iha Undersigned is a partnership, the death of any general any of the Undersigned: (h) A death of Borrower d or any of the NONEas as a going concern. any general partner; or (i) Borrower or any of the Undersigned ceases doing NONE aecunfy or he Liabilities hereunder, the Undersigned hereby grants Bank a security inter ast m Iha /ollowdng: Together vwth a right without demand or nouce of any kind, at arc time and from time to time when any amount shall due and Payable by the Undersigned hereunder and in such order of application as the Bank ma without hmdaticn. owned by the Undersigned or m which the Under,,9tied ileac to sere/l ty of reason whatsoever. against all monies. deposits or of other property o1 any kind. Joint or conungem ,,forest and which era m possession al Bank for any The Undersigned further agree that, if at any time, any part of any payment theretofore applied h returned by the Bank for any reason whatsoever (including, without hmnatton. the Insolvent such Liabilities shall, /or the purposes of Iha Sure Y Iha Bank to any of the Liabdines is or must be eohhnuad h existence. rposes of chi tyship Agreement, to the extent that such ipment is s bankruptcy es rnded o recur of the Borrower, the case may bete to such Liabdines. all as h application uck ay Ijte Bank, and this Suret sh or must be ntinue to be returned, be deemed c have effective 1, an ri h in oe B by the Bank had not 6 n ado. In such stn event bha Undersign dehariehy waives Y a t m y be a to s c hrogation or ll as th ug hsu agamst the Borrower, fora en ted. as due to be made from Borrower to Bank. P oil of twelve (12) months subsequent to the last payment made or The Bank may, from time to lime the , whether before or after any discontinuance of this Suret shi Uties 01 any bli hany of the m), take any or all of the following actions' (a) retain or Ohio ,, Liabilities or any hereunder. (b) rata,, or obtain the prima or seconds Y p Agreement, at i ts sole discretion and without a notice to with tea act to any of the e Liabd a security interest in any property to secure any of the the Uabilities, or release or com inps; (c) a obli anon of Y r t hgor or obligors ie ad aon to the Undersigned, P y o/ tes; (c) extend or renew for one or more periods (who hag or rim longer than Iha ongmal n ad). ), alter or he Un reepecl to any c/ the Liabilities: (d) release its security interan of othe rs Undersi n e d hereunder or permit an exchange any al property securing any o/ the Uabilities or an obli Y obligation o/ any nature of any other ohtig or with , in paid) or release, Y gallon hereunder, Y substitution or exchange for, all or any part of any compromise, alter or exchange any obligations of any en uof renew an foorrlone or more periods (whether or not longer than the original Undesigned (or any of them) for a merit of an of the Liabilities. with P t to any such property; Liabilities for a p y Y whether or not the Bankr s alll have resorted to an P yment of any of the Liabilities, or an ndermandned resort to the obligor primarily or secondarily obligated with rea ect Io alny oft hereunder or shall have proeeded agamst an other j Property securing any of the the Any amounts received by the Bank from whatsoever sourceon account of the Liabdines may be applied h Y o the Uet or any other of such of the Uabilities and in such order of application, as the Bank may from time to time elect. and, notwithstanding any pursuant to this Suretyship Agreement, he Undersigned shall tit be subrogatd to any rights of h e Bak untill sch time as this Sure sh p the Agreement shall have bean discontinued to all of n Undestpned and the Bank shall have received Paymentyofethe full amounttofor the f alll Liab (ties an all obligations ns of the Undunder t igned he term herterm de der. Tha Bank k shall not ba obligated under an security inlereal granted under t d of s of this Suretyship Agreement elating to the marahalling al payment received or CE-1 28.1 7/96 The Bank may. from time to time, whetho are or after any discontinuance of this Suretyship At ent. without notice to the undersigned (or any of them), assign or transfer any or all of the L.laodities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer thereof, such Liabilities shall be and remain Liabilities for the purpose of this Suretyship Agreement and each and every immediate and successive assignee or transferee of any of the Liabilities or of any interest therein shall, to the extent of the interest of such assignee or transferee in the Liabilities, be entitled to the benefits of this Suretyship Agreement to the same extent as if such assignee or transferee were the Bank; provided, however, that unless the Bank shall otherwise consent in writing, the Bank shall have an unimpaired right prior and superior to that of any such assignee or transferee, to enforce this Suretyship Agreement for the benefit or the Bank, as to those of the Liabilities which the Bank has not assigned or transferred. No modification or waiver of any of the provisions or this Suretyship Agreement shall be binding upon the Bank except as expressly sat forth in a writing duly signed by each of the Undersigned and the Bank. No action of the Bank permitted hereunder shall in any way affect or impair the rights of the Bank and the obligation of the Undersigned under this Suretyship Agreement. For the purpose of this Suretyship Agreement, Liabilities shall include all obligations of the Borrower to the Bank, notwithstanding any right or power of the Borrower or anyone else to assert any claim or defense as to the Invalidity or unenforceability of any such obligation and no such claim or defense shall affect or impair the obligations of the Undersigned hereunder. The Liability of the Undersigned for Liabilities of Borrower incurred on or prior to the date hereof shall not exceed, at any time, the aggregate principal t+ I, plus interest as stated in the evidence of indebtedness given by Borrower to Bank and fifteen percent attomeya commission: prow ed that this Suretyship Agreement shall also be applicable to and extend to any and all Liabilities, plus fb% interest and coats ae aforesaid, of Borrower arising after the date hereof even if the total of such Liabilities Plus the Liabilities outstanding on or prior to the data hereof exceed the aforementioned aggregate principal amount. If no limitation is inserted in this paragraph, there is no limit to the liability of the Undersigned to the Bank. The creation or existence from time to time or Liabilities in excess of any amount to which the right of recovery under this Suretyship Agreement is limited is hereby authorized, without notice to the Undersigned (or any of them), and shall in no way affect or impair the rights of the Bank and the obligation of the Undersigned under this Suretyship Agreement. The Undersigned, jointly and severally, do hereby authorize and empower any prothonotary or clerk or attorney of any court of record of Pennsylvania or elsewhere, to appear for and confess judgment against any or all of the Undersigned in favor of Bank for the total liability of the Undersigned as set forth herein together with interest thereon, with or wathout declaration, with costs of suit, release of errors. without stay of execution or garnishment and with fifteen percent (15%) for collection fees, and waive the right of inquisition, and the benefit of all exemption laws now or hereinafter enacted, and agree to condemnation and the sale of real estate or personal property, or a writ of execution. In the event the Bank acquires any property securing this Suretyship Agreement after a foreclosure sale as to real property or a public auction sale as to personal property, the Undersigned agrees to indemnify and hold the Bank harmless from any loss, costs, or expense which the Bank may sustain as a result of: (a) selling the real or personal property so acquired for less than the total sums owed by the Borrower to the Bank, provided, however, that any such sale by the Bank is done in a commercially reasonable manner or (b) any action brought against the Bank under §548 or §544(b) of the United States Bankruptcy Code. as amended, an the ground that the consideration paid by the Bank for the real or personal property was not 'fair equivalent value,' within the contemplation of §544(b) of the United States Bankruptcy Code, as amended, or any applicable state fraudulent conveyance act. The Undersigned waive and release the Bank from any damages which the Undersigned may incur as a result of any intentional or unintentional or negligent action or inaction of the Bank impairing. diminishing, or destroying any of the Undersigned's rights of subrogation which the Undersigned may have upon payment of any of the Borrower's obligations. The Undersigned acknowledges previously having waived. under certain conditions, any such rights. The Undersigned hereby agrees that this Suretyship Agreement shall apply to any obligation which the Bank may incur as the result of any payment to Bank by or on behalf of the Borrower which is determined to be a preference payment benefiting the undersigned. If a photostatic copy hereof shall have been fled in any of said proceedings, it shall not be necessary to file the original as a warrant of attorney. The foregoing warrant and pourer to confess judgment shall not be deemed to have been exhausted by any single exercise thereof, whether or not any such exercise shall be held by any coup to be invalid, voidable or void, but may be exercised from time to time. as often as the Bank shall elect, until all sums payable or that may become payable by each of the Undersigned have been paid in full, A subsequent guaranty or suretyship by the Undersigned or any other guarantor or surety of the Borrower's Liabilities given to the Bank shall not be deemed to be in lieu of or to supersede or terminate this Suretyship Agreement but shall be construed to be additional or supplementary unless otherwise expressly provided therein: and in the event the Undersigned or any other guarantor or surety has given to the Bank a previous guaranty or Suretyship Agreement, this Suretyship Agreement shall be construed to be additional or supplementary. and not to be in lieu thereof or to terminate such previous Suretyship Agreement, guaranty or guaranties unless expressly so provided herein. This Suretyship Agreement shall be binding upon the Undersigned, and upon the heirs. legal representatives. successors and assigns of the Undersigned, and to the extent that the Borrower or any or the Undersigned is an entity such as a partnership, limited partnership, limited liability company, corporation or any other similar entity. all references herein to the Borrower and to the Undersigned, respectively, shall be deemed to include any successor or successors, whether immediate or remote, to such entity . If more than one party shall execute this Suretyship Agreement. the term 'Undersigned' as used herein shall mean all parties executing this Suretyship Agreement and each of them, and all such parties shall be jointly and severally obligated hereunder. This Suretyship Agreement shall be construed in accordance with and governed by the laws of the Commonwealth of Pennsylvania without giving effect to choice of law rules. Wherever possible each provision of this Suretyship Agreement shall be interpreted in such manner as to be effective and valid under applicable law but if any provision of this Suretyship Agreement shall be prohibited by or invalid under such law. such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Suretyship Agreement. INTENDING TO BE LEGALLY BOUND HEREBY, the Undersigned have set their respective hands and seals the day and year first above written. WITNESS OR ATTEST. (SURETY) Leroy K. Gordon and Karen E. Gordon BY'. / / Gc...-..r (SEAL) la' ro K. 8Y a=Mn )SEAL) e aren n By. SEAL) ** This Suretyship Agreement is in addition to and not substitution for any prior Suretyship Agreement(s). CE-128-2 7/96 r I ;?. r.? ? O In L: I:L Ir ? \ n M Vo !V O WaF O p N R O L N N `? n n n n y O O { x Z - a ? F LL W AS: F CASE# 19 q 9 - s? s?. HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff vs. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 1999-05652 PRAECIPE - SETTLE & DISCONTINUE X - SATISFY the Confessed Judgment entered to the above term and action number. DATE: March 20, 2007 HENRY L P By: - MWARC'A. 'H ES' I . D. #55774 Attorney for Plaintiff f -:7 `7OU-. Q v '77 ? Cr3 wx: r rri HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff vs. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 1999-05653 PRAECIPE - SETTLE & DISCONTINUE X - SATISFY the Confessed Judgment entered to the above term and action number. DATE: March 20, 2007 HE By: I.D. #55774 Attorney for Plaintiff ra c? rn :23