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HomeMy WebLinkAbout07-3176Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@veriaon.net Attorney for Plaintiff PENNSYLVANIA STATE BANK, 1N THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. d 7- ~ % ~ G Cc~.~( 7 c~ DBL, a Pennsylvania Limited Partnership, :CIVIL DIVISION -LAW SPANKEY'S AUTO SALES, INC., General Partner Defendant :CONFESSED JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of authority, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess Judgment in favor of Plaintiff and against Defendant as follows: Principal Amount Due ............................. $ 1,969.473.50 Interest Amount Due @ 7% p/a ...................... $ 12,826.24 Attorney Collection Fees .......................... $ 198,299.97 TOTAL ................................ 2 180 529.71 Judgment entered as above. Robert D. Kodak, Esquire Attorney for Defendant s Prothonot PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, INC., General Partner Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL DIVISION -LAW CONFESSED JUDGMENT CONFESSED JUDGMENT COMPLAINT Plaintiff files this Complaint pursuant to Pa. R. C.P. No. 2951(b) for Confession of Judgment and avers the following: 1. Plaintiff is Pennsylvania State Bank, a Division of BLC Bank, N.A., a financial organization duly organized and existing under Federal laws, with its principal office and place of business at 2148 Market Street, Camp Hill, Cumberland County, Pennsylvania 17013. 2. Defendant is DBL, a Pennsylvania Limited Partnership, Spankey's Auto Sales, General Partner, with an office and place of business at 701 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp dbl gty.wpd:25May07 1 3. In an effort to induce Plaintiff to extend credit to the business operating as Spankey's Auto Sales, on or about August 26, 2005, Defendant did execute an a Commercial Guaranty as a guaranty of payment on a principal Note in the amount of Two Million, Five Hundred Thousand ($2,500,000.00) Dollars. A true and correct copy of said Commercial Guaranty is attached hereto, marked as Exhibit "A" and made a part hereof. 4. The attached Commercial Guaranty has not been assigned. 5. Judgment has not been previously entered on the attached Commercial Guaranty in any jurisdiction. 6. The business known as Spankey's Auto Sales is indebted to Plaintiff in the principal amount of One Million, Nine Hundred Sixty-Nine Thousand, Four Hundred Seventy-Three Dollars and Fifty Cents ($1,969,473.50) for which no payment has been received when due and payable, which constitutes a default, whereby Plaintiff exercises its option to declare the entire balance covered by the within Commercial Guaranty immediately due and payable. Said principal balance due and owing by Spankey's Auto Sales to Plaintiff is set forth on Plaintiff s Wholesale Floor Plan Trial Balance attached hereto, marked as Exhibit "B" and made a part hereof. F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp dbl gty.wpd:25May07 2 11:09 COMMERCIAL LOAN DOCUMENTA COMMERCIAL GUAi~ANTY 7177354764 P.O10 References in the shaded area are for Lender's use only and do not limit the applicability of this document to Any partlcular loan or item. _ __ _ Any item above Containing ""'" has bean omitted due to text length limitations. Orrower: Spankoy's Auto Sales 701 East Locust Street Mechanicsburg, PA 17055 Lender: Pennsylvania State Bank West Hanover Branch 7040 old Jonestown Road Harrisburg, PA 17112 uarantor: DBL 701 East Locust Stmt Mechanicsburg, PA 17055 AMOUNT OF GUARANTY. This is a guaranty of payment of the Noce, Including without limitation the prlnelpal Noto amount of Two Million Five Hundred Thousand & 00M00 Dollars (52,500,000.00). GUARANTY. For good and valuable conslderatlpn, DBL ("Guarantor") absolutely and unconditionally guarantoos and promises to pay to pennsylvania State Bank ("Lender") or its order, on demand, In legal fonder of the United States of America, the Indebtdness {as that term Is defined herein) of Spankey's Auto Sales ("Borrower") to lender on iho terms and condltlons set forth in this Guarenty. This Guaranty Is a guaranty of payment and not a guarsnry of collection, MAXIMUM LWBILI'fY. The maximum liability of Guarantor under this Guaranty shat) not exceed At any one dme the amount of the Indebtedness described herein, plus all costs and expenses Of (A) enforcement of this Guaranty and (B) collection and sale of any Collateral securing this Guaranty. • The above limitation on IiabAity is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate y at any ono tJme. It Londor prest:ntly holds one a more guaranties, a hereafter receives addidonal guaranties from Guarantor, Lender's rights under all guaranties shall bo cumulatlve. This Guaranty shalt not (unless specifically provided below t0 the contrary) affect or Invalidate any such other guaranties. Guera-ttor's • ._Ilabifhy wilt be Guarantor's aggregate liability under the forms of this Guaranty and any such other unterminated guaranties. .INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty Includes the Note, including (s) all principal, (b) all interest, (C) ell Isto charges, (d) all loan fans and loan charges, and {e) all collection Costs and expenses retatlng to the Note or to any collateral for the Note. Collection costs and expens©s Include without limitation all of Lender's attorneys' fees, DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the neeesslry of any accoptanco tyy Lender, or any notice •to Guarantor or to Borrower, and will continue to full force until all Indebtedness shaft have been fully end finally pakl and satisfied and all or Guarantor's other obligations under this Guaranty shall have been performed in full. Release of any other guarantor or terminedon of any other guaranty of iho Indebtedness shell not affect thA liability of Guarantor under this Guaranty, A revocation Lender receives horn any one or more Guarantors shsA riot affect the liability of any remaining Guarantors under this Guaranty. Thla Guaranty covers a revolving -ine of credit and It Is spocfllcally antlelpatod that fluctuations will occur in the aggregate amount of indebtedness owing from borrower to Londor. Guarantor specifically acbtowtedges and agrmos that fluetudtlons In the amount of Indebtedness, even to zero dollars (S 0.00), shall not constltut®a terminatlon of this Guaranty. Guarantor's liability untler, thf9 Guaranty shat) terminate only upon (A) tertnlnatlon !n writing by Borrower and Lender of iho Ilne of cred[t, (B) payment of the Indebtedness In full in legal tender, and (C) payment In full In legal tender or all of Guarantor's ottter obllgatlons under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER: Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability undtu this Guaranty, from time to time: (A) to make one a more additional secured Or unsecured loans m Borrower, to lease egtapmertt or other goods to Borrower, or otherwise to extend additional Credtt to 13ortowor, {B) to alter, compromise, renew, extend, accelerate, or othenNiso change one or more times the time for payment a other terms of the indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indobtednoss; extensions may be repeated and may b8 for longer than the origfnaf Ilan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and oxchangt:, en}ace, waive, subordnate, fait or decide not to perfect, and release any __, such Security, with or whhout the substitution of new collateral; (D) to release, substittne, agree not to sue, or deal with aqy one or more Of Borrower's sureties, endorsers, or other guarantors on any terms y in any manner lender may Choose; (~ to determ{ne how, when and what application of aayments and credhs shall be made a- the Indobedness; (~ to apply such security and direct the order or manner of sale thereof, including without ;imitation, any nonjudkial sale permhted by the tents of the controlling security agreement or deed of trust, as Lender In Its dlscreHon may determine; '';G) to sets, transfer, 855ifln or grant participations In all or any part of the Indebtedness: and (H) to assign or transfer thiq Guctrgnty in whole or in pan. 3UARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agroomcnts ~f any kind have been made to Guarantor which would IImIt or qualify in any way the terms o} this Guaranty; (8) this Guaranty is executed at 3orrower'S request and not at the request of Lender; (C) Guaranty has full power, right and suthaity to enter into this Guaranty; (D) the provisions 'of this Guaranty do not conflict with or result in a default under any agreement or other Instrument binding upon Guarantor and do not result in a violation of any law, regulaCton, court decree or order spplicsble to Guarantor; (Ej Guaranty has not and will no[, wfdiout the prior written consent of lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all pr substantially all of Guarantor's assets, or any ~ttere^,t therein; __ (F) upon Londar's request, Guarantor will provide to Lender financial and credit infomtation in form acceptable to Lender, and all such financial Infortnatbn which Currently has been, and all future flrtanclal Informatkxt which will Do provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condldon as of the dates the flnanclal Infomtadon is provided; (G) no material odverse change has occurred in Guarantor's financial condition slnee the date of the most recant flnanclal statamonts provided to Lender and no event Has occurred which may materially adversely affect Guarantor's financidt condition; (H) no Ildgadon, claim, Invostlgatfon, administrative proceeding or SlmUar ACtlon (including those for unpaid taxes) against Guarantor is pending or threatened; (I) Lander has made no representation to Guarantor as to the creditworthiness of Borrower, and (J) Guarantor ha„ established adequate means of obtaining from Borrower on a continuing basis information regarding Borrpwer's flnanclal conditon. Guarantor agrees to keep adoquate[y informed from such means of any facts, evenlS, or CIrCUmstancos which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that LendAr shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except a5 prohibited by applicabl extend other credit to Borrower, (B) to make any presentme Indebtedness or of any nonpayment related to any collatcraf, or or other guarantor in connection with the Indobtdness or !n cc _~ayment or to proceed directly or at once against any person, ~~ny collateral held by Lender from Borrower, any other guarantc ''Nivate eels of personHl property secur'sy hold by •Lender from .ACA: fFl t0 Hors uA AnV 0th Af rAMAdv within LAnAAr's nowAr: t to require Lender (A) to continue lending money or t0 f any kind, including nodce of any nonpayment of the on the part of Borrower, Lender, Any surety, endorser, w or addftionsl loans or obligations; (C) to resort for guarantor; •(D) to proceed directly against Or exhaust Iva nodco of iho forms, time, and place of any public or other applicable provlslons of the Uniform Commercial mi~,Sion of Anv kind. or at env time. with ra.txx:t to env ' MAtY-24-2007 11:10 COMMERCIAL LOAN DOCUMENTA 7177354764 P.O11 COMMERCIAL GUARANTY Lean No: x'150000425 (Continued) Page 2 matter whatsoever. In addition to the waivers set forth herein, If now or hereafter Borrower Is or shall become insolvent and the Indebtedness shall not at all limos until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and gives up in favor of Lender and Bonowar, and Lendor'S and Borrower's respeettve successors, any claim or right to payment Guarantor may now have or hereAfter have or acquire against Borrower, by subrogation or otherwise, so that at no time shell Guarantor be or became a "creditor" of Borrower within the meaning of 1,1 U.S.C. seetbn 547(b), or arty successor provision of the Federal bankruptcy laws, Guarantor also waives any and all rights or defenses based On suretyship or impairment of collateral including, but not limited to, any rights or defenses arising by reason of (Aj any "one action' or 'and•deflClency" law or any other law whkh may prevent Lender from bringing any actor, Including a claim for deficiency, agalnst Guarantor, before or aher Lender's commencomont or completion of any foreclosure anion, ehher Judlclally or by exeroiso of q power of sale; (B) any election of remedies by !,ender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantors rights to proceed against Borrower for reimbursement, including wkhout llmltatbn, any loss of rights Guarantor may suffer by reason of eny law limiting, qualifying, or discharging the Indebtedness; (C) any disability or otnAr defense of Bonowar, of any other guarantor, or of eny other person, or by reason of the cessation of Bonower's liability from any cause whatsoever, other than payment In full in legal tender, of the Indebtedness; (D) any right ' to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral br she Indebtedness; (~ any statute of Ilmltatbns, if at ' any time any actor or Suit brought by Lender agalnst Guarantor is commenced, there IS outstanding Indcbtodnoss of Borrower t0 Lender which is not barred by any applicable statute of llmltatlons; or (~ any defenses given to guarantors at law or in equity other than actual payment and performance ' of the Indebtedness. ff payment Is made by eonower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender Is forced to remit Vie amount of that payment to 8orrower8 trustee in bankruptry•or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be Considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assort or claim at. eny time any deductions to the art+ount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupmont or sim7ar right, whether such claim, demand or right may bo assorted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor wanants and agrees that each of the waivers Set forth above is made with Guarantor's full knowledge of Its significance arxf consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. ff any such waiver is determined to be contrary to any applicable law or public pdiey, such waiver shall bo effective only to Me extent pormhted by law or public policy. SUBORDINgTtON OF BORROWER'S DEBTS TO GUARANTOR. Guar~MOr agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be superior to arty claim ghat Guarantor may now have or heroahar acquire against Borrower, whether or not Bonowar becomes insolvent Guarantor hereby expressly subordinates •eny claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Londor may now pr hereafter have agalnst Borrower, In the event of insolvency and Consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary 1'tquidatlon, or otherwise, the dstiet8 of Bonowar applicable to Vie payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first spelled by Lander t0 the Ir+debledness of Bonowar to Lender. Guarantor does hereby assign to Lender alt claims which it may have or acquire agalnst Borrower or against arty assignee or trustee In bankruptcy of Borrower, provkfed however, that such assignment shall be•effective only for the purpose of assuring to Lender full payment in legal ' ' tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing eny debts or obligatlor-s of Bonowar to Guarantor shall be marked wills a legend d'+at the same are subject to this Guaranty and shall be delivered to Lander. Guarantor agrees, and lender is _y.~ hereby authorlred, in the name of Guarantor, from limo to time to Ole finenCing statements end contlnuatlon statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce Its rights under this Guaranty, _ MISCfiLU1NE0US DROVISIONS. The following misceflaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the . •~ matters set forth in this Guaranty. No aheratbn of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment Attorneys' Fees; expenses. Guarantor Agrees to pay upon demand all of lender's costs end expenses, Including Lenders attorneys' fees and Lender's legal expenses, Incurred in Connection with the enforcement Of thi9 Guaranty. Louder may hire or pay Someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement Costs and expenses include Landers attorneys' fees and legal• expenses whether or not there Is a lawsuit, including attorneys' fees and legal expenses for bankruptcy procsedings (Including efforts to modify or vacate any automatic stay Or Injunction), appeals, and any dndCipated post-judgment collection services. Guarantor 9190 shall pay ell couR costs and such addhlor-al fees as may be directed by the court, Caption Headings. Caption headings in this Guaranty are for Convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty, • Governing Law, This Guaranty will bo governed by federal law applleablo to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Penn6ylvanfe without regard to Its eon/lfct. of law provisions. This Guaranty has boCn accepted by Lender fn the Commonwealth of Oennsylvania. Integration. Guarantor further agrees thAt Guarantor has road and fully understand3 the terms of this Guaranty; Guarantor has had the opportunity to be advi~od by Guarantors attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and pare! ~.`• evidence is not required to interpret the term:, of this Guaranty. Guarantor hereby indomnifios and holds Lender harmless from all losses, claims, - damages, and costs (including Lenders attorneys' tees) suffered or incuned by Lcndor as a resuh of arty breach by Guarantor of the wsnant[os, •:%:r representations and ogreemertts of this paragraph. Interpretation. In all cases where there is more than one Borrower ar Guarantor, then elf words used in this Guaranty In the singular shall be ~~` • deemed t0 have boon used In the plural where the context and ConstruCti0n s0 require; and where there is more than one Borrower named in Mis ~~~•.,~ Guaranty or when this Guaranty is executed by more than one Guarantor, the words "borrower' and "Guarantor" respectively shall mean all and any ono or more of them. The words "Guarantor,'' "Borrower," end "Lender" include the heirs, Successors, assigns, and trsnsfereos of each of them. If a court finds that any provision of this Guaranty Is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a CouR will enforce the rest of the provisions of this Guaranty even if a prevision of this Guaranty may be found to be invalid or unenforceable, if eny one or more of Borrower Or GuArantor arc corporations, partnerships, limited liability companies, or SUr+ilgr entities, ft is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors. partners, managers, or other agents acting or purporting to sci on their behalf, and any lndebtedngss metde or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. UnieyS otherwise provided by applicable law, any notice required to be given under this Guaranty shall ba given in writing, and shall be ofloctivo when actually delivcrcd, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally rocognizetl overnioht courier, or. If mailed, when deposited in the United States mall. as first days. r.ArtifiAd L1I fAOiStArAd rnrii! rentiWaw nrArwid. ' MAY-24-2007 11:10 COMMERCIAL LOAN DOCUMENTA 7177354764 P.012 COMMERCIAL GUARANTY t,oan No: 7150000425 (Continued) Page 3 formal written notice to the other parties, specifying that the purpose of the notice is to change the pony's address. For notice purposes, Guarantor agrees tp keep Lender informed at all times of Guarantors current Address. Unless otherwise provided by applicable taw, K there is more than one Guarantor, any notice given by Lsndar to any Guarantor is deemed to be notice given to all Guarantors. Na Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part Of Lender In exerclsing any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise r4 demand strict Compliance with that provision or any other provision of this Guaranty. No prior waiver by lender, nor any course of dealing betw9en Lender and Guarantor, shall constitute a waiver of any o} Lender's rights or of any of Guarantor's obligations es to any future uansactions. Whenever the consent of Lender is required under this Guaranty, the granting of such Consent by Lender in any instance shall nol constitute continuing COnsenl to subsequent Instances where such consent is required and in all CaSeS Such consent may be granted or withheld in the solo discretion of Lender. • Successors and Assigns, The terms of this Guaranty shell be binding upon Guarantor, end upon Guarantor's heirs, personal reprosentaWeS, successors, and assigns, and shall be enforCeabls by Lender and its successors and assigns. LIMITED GUARANTY. This guaranty shall be limited to the equity In the real state located st 1702 Harrisburg Pike, Carlisle, PA 17012, as evidenced by a mortgage dated even date herewith. OEFlNITIONS. The fo8owing capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the conuary, ell references to dollar amounts shall mean amounts In lawful money of the Unrtsd States of America. Words and forms used in the ^ingular shall Include the plural, and the plural shall include the singular, as the Context may require. Words and terms not otherwise defined [n this Guaranty shall have the meanings attributed to such terms In the Unrform Commercial Code: Borrower, The word "Borrower" means Spanksy's Auta Solos and includes all co-signers and co-makers signing the Note. .. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without Ilmltatbn DBL. Guaranty. The word 'Guaranty" means the guaranty Irom GuararKor to Lender, including without limitation a guaranty of all or part of the Note. , Indebtedne9a. The word "Indebtednes5" means Borrow9t's Indebtedness to Lander as more particularly described in this Guaranty. Lender. The word "Condor" means Pennsylvania State Bank, its 6UC sons and asstgnS. ,~ Note. The word "Note" means the promissory note dated ~ ~~ _, in the original princip0l amount of 52,500,000.00 from Renewer to Lender, together with s!I renewals ot, extensions o , mOdiflCati0n5 of, reflnanCingS of, consolkiations ~ot, and substitutions for the promissory note or agreement ~,; Related Documenta. The words "Related Documents" mean s11 promissory notes, credit agreen+entS, ban agrAOmonts, ortvironmonLSl ggreements, guaranties, security agrsemenzv, mortgages, deeds of trust, security deeds, cdlateral mortgages, and all other instruments, agreements and documents, whether now or hereafter sxis8ng, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OA CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND All ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, ANp AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE ANO ACCRUED INTEREST FOR COllEC710N, 9UT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($,500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; ANO FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME 70 TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR 70 A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFlCALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS SEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS • :TERMS. IN ADDITION, FJiCH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UDON GUARANTOR'S EXECUTION AND "'.DELNERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH ~IN THE SECTION TITLED "DURATION OF GUA Y' NO FORMAL ACCEPTANCE !9Y LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTNE THtS GUARANTY IS DATED _ e4"'^ THIS GUARANTY !S GNEN UNDER SEAL AND R IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE ANA HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, GUARANTOR: DBL SPANKEY`,S.kH?p SALE~,General Partner of DBL ey: ~- .4...w,vw n,ww wow. w. rrn, ~6 At W"M~ M~~wNI. . -~ L1CIKrl1l.O~C I,IA~I! M b MAY-25-2007 10 09 DOCUMENTATION 717 735 4864 P.02/02 F O O O m o O O O T O ~ p~ r .-' b7 s0 Jl !+ ~ ~ ~ Z ~ O~ c• N N N7 ~ o 4 zo A M .7 tf1 F N ('~ N O N V F W oror-or C7U N rn S^., [•t 000000 00 ^ • to Oq UNON Oi"t N N -~N WN mN C 1 N 1 Q 1 4 I N .n f.7 ~ ~'1 4 ~fl m ~!'1 r- G W E+ r-t O r'+ O O .+ t) o r- :.1 ~ 'ri N K w x F r h O t!f 1 C.7 v'1 u N x w a t+l W Orc,;~rOr 00 OF OOOGOC'+ .nn Z Q t 1 1 ry O O -+ O .••~ O ~+ ~ .] o~DO mO r .Z CJ N 1 d' 1 0 1 d m '...9 .-~ ~O U ~O m lP ~ O .-i M tD F tT G] G ••~ V 1+7 ;~ a U m a tx F ww voro~n f~ vp 7H uro vo r1 t~ NO :y x 5 O st cG • N • t!1 • ~n mNrNa•N ~o . 7 F • N N a (I) E m tr a m fi ~ N a t ~~ S FW ~ x E" d m ~•+ z ,., w a F• d d N E- W y ..7 to N to T m P O d r a. 's in v •. P4 M ~ pt N Q ~ m a .~ ~a o V1 !S1 v O Rt W L r+ v r) A d z X o v v N M .-.~ N .] r t1 er O .Y 0 Q d 0 ti ) " r• . ~ ~u LL N ..+ F) N V1 .. ~ a .Y. O X o t j .a o ~ h ° ' a r' ~ . , z u a ~ ~ ~ ~.Q o w ~ "~ I o ~ A ~ ~O ~ a F c. H U C v O W N Q$ H v v1 d N ~ ?. to Cv f>Q Jl ui th a• ~ u~ N t Z ~ v v r r r t p. ~ d ac z ~ -~,~ ,~~ IY. ~ ~ ~l til W o 0 o K U Q T Q t ._7 i O ~t t ,7 ' _" MAY-25-2007 13 44 DOCUMENTATION VERiFICAT[ON 717 735 4864 P.02/02 [, DAVIll W. PREV()ST, Vice-President/Speeiai Assets Ufficcr, of PENNSYLVAN[A STATE BANK, Division of BLC BANK, N.A., verify that tl~e stfltements made in the aforegoing document arc true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Psi. C. S. $4904, reloting to unsworn falsification to authorities. PENNSY1JvAN1A s~rAT~ BAlvx, Division of BLC BANK, N.A. ~ yr~ David W. Prevost Vice-President/Special Assess Officer Dated: S a~ ~ TOTAL P. 02 ~' U~ 4 J r~ +~~ c.. ~ `~ ,. ~ _. ~~ ` ~ '(~ L ~`,~ i lr W' ~ ., l ~ V.+ ~ - :_. ~~ a ~ yr ~. t :~? PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 4 7 - 3 r ~~ Cw,,( T..~,. CIVIL DIVISION -LAW General Partner Defendant CONFESSED JUDGMENT TO: DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, General Partner, Defendant You are hereby notified that on ~ ~'~ ~, 7 , 2007, Judgment by confession was entered against you in the sum of $2,180,529.71 in the above-captioned case. DATE:_ 71.x,._, a s' a uo ~ 2007 ~~ ~' ,~• ~ d ,~,,,,, Prothonotary h= 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. I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence: 701 EAST LOCUST STREET MECHANICSBURG, PA 17055 Robert D. Kodak, Attorney for Plaintiff CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. ~ 7 - 31 ~ [. C.c.u~.( ~- DBL, a Pennsylvania Limited Partnership, :CIVIL DIVISION -LAW SPANKEY' S AUTO SALES, INC., General Partner Defendant :CONFESSED JUDGMENT PLAINTIFF'S AFFIDAVIT/AVERMENT CONFESSION OF JUDGMENT FOR MONEY (x) Pursuant to Pa. R.C.P. No. 2951(1)(2)(ii), Icertify that this judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. (a) A consumer credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. CONFESSION OF JUDGMENT FOR CONFESSION OF REAL PROPERTY () Pursuant to Pa. R.C.P. No. 2971(1)(1), I certify that this judgment is not being entered against a natural person in connection with a residential lease. f~4••••ff•••••• The above certification is made subject to the penalties of 18 .S. § 04 relating to unsworn falsification to authorities. Dated: Mav 25, 2007 Robert D. Kodak, Esquire Attorney for Plaintiff I.D. No. 18041 Address: Kodak & Imblum, P.C. 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7152 Fax: (717) 238-7158 ;-, -_~ ~:_ - ~ ~ •--~ r„ f~ ~ -.. , ._ S_r~ .. f ,..I+i; ~ __A ~ ^/, +.v ~`K. PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . DBL, a Pennsylvania Limited Partnership, :CIVIL DIVISION -LAW SPANKEY'S AUTO SALES, INC., . General Partner Defendant CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: bBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, General Partner, DEFENDANT A Judgment in the amount of $2,180,529.71 has been entered against you and in favor of Plaintiff without a 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 NO"t HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NOT FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 ROBERT D. KODAK, ESQUIRE POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7152 ATTORNEY FOR PLAINTIFF ~^, ~~ : . .. .n rR -- -, -r~ ~ r „,._.., -- __ __ ~- . {..~ ~, _~ rrf ~- : Uzi .. ~ ~.~ ~= -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A., now by merger PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, INC., General Partner Defendants N0.2007-3176 _ o . ~, © . c -n .~-~- ' ' ~ CA rn p ._.- 1 ~,. t Y ~ m ~ N ~ fix'' "'~ ~ -d Q ~ -s1 ~G ~ ~p 7'a' ©'Tl ~~ ~C ~ O~ 3> cn CIVIL ACTION -LAW PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, on May 25, 2007, Judgment was entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of Cumberland County at No. 2007-3176; and WHEREAS, Defendants own an interest in that certain real property known as 603 East Locust Street, 601, 602, 701 and 705 East Locust Street and 607 East Locust Street, Hampden Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Defendants have requested the Plaintiff to release the Property from the lien of the Judgment, which Property constitutes a portion, but not all, of the Property that is subject to the lien of the Judgment. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, Plaintiff, PNC Bank, National Association, for itself and its successors and assigns, agrees that it will not attach or levy upon, sell or dispose of, or claim or demand the Property as a result of the Judgment, and further releases the lien of the Judgment only on the Property; provided, however, that neither this Partial Release nor anything herein contained invalidates, diminishes, alters, or otherwise affects the Judgment or the lien or security of the Judgment upon or against any other property of Defendants or either of them in Cumberland County, Pennsylvania, or elsewhere; and provided further that neither this Partial Release nor anything contained herein is or should be construed to be or to evidence satisfaction or discharge of the debt of the Defendants to the Plaintiff, PNC Bank, National Association. ~n • D ~ ~~ ~~ , T~ f ~~~~QS~~,y J IN WITNESS WHEREOF, the Undersigned executed this Partial Release this ~ day of October, 2010. PNC BANK, NATIONAL ASSOCIATION By: - ~1..~, o Brett A. Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS.. On this, the ~ day of October, 2010, before me, the undersigned officer, personally appeared Brett A. Bertoli, who acknowledged himself to be the Vice President of PNC Bank, National Association, who being authorized to do so, executed the foregoing instrument for the purposes therein contained as such officer. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal the day and year aforesaid. My Commission Expires: 4~3 ~a~~2 Notary ublic t'.OiY1Nto_N?/1/EttL7~i ~7w F'~PINSYLVAI~lIR ~4 ~4~otaria~- 1 g~-°"---- ' t.onnle L~ixler, Notary Public d4lanheirrr i'uvri., Lancaster County i ~iy Commis°sinn ~rpi~s Jan. 31, 2012 1~embFr. F~ennsd~lvanr<r ~+ssoriafinn 7f Nctaries EXHIBIT "A" Tract No. 1 The property known as 607 East Locust Street, Lots 36 through 41, identified as Tax Parcel Nos. 10-23-0563-410 and 10-23-0563-011; located in Hampden Township, Cumberland County, Pennsylvania. BEING THE SAME PREMISES which were granted and conveyed to Spankey's Auto Sales, Inc., Mortgagor herein, by Deed dated October 3, 1985, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, on October 16, 1985, in Record Book 31N, page 774. Tract No. 2 The property known as 603 East Locust Street, Northeast corner of Locust and Norway Streets Lots 43 through 45, and Northern line of Locust Street Lot 42, identified as Tax Parcel No. 10- 23-0563-009, located in Hampden Township, Cumberland County, Pennsylvania. BEING THE SAME PREMISES which were granted and conveyed to Spankey's Auto Sales, Inc., Mortgagor herein, by Deed dated February 5, 1985, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, on February 6, 1985, in Record Book 31 C, page 507. Tract No. 3 The property known as 601, 602, 701 and 705 East Locust Street, identified as Lots 25 through 35, Tax Parcel No. 10-23-0563-012, located in Hampden Township, Cumberland County, Pennsylvania. BEING THE SAME PREMISES which were granted and conveyed to Spankey's Auto Sales, Inc., Mortgagor herein, by Deed dated October 31, 1984, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, on November 16, 1985, in Record Book 30Z, page 482. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A., now by merger PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, INC., General Partner Defendant N0.2007-3176 t`~ C ,,,., o ~: ~ 'ya'j -~ ~ Q --~ - . cn t ~ rY. off, ~~ ~ ~ ~= ~~ ~ . . ~, z ., .~ ~, CIVIL ACTION -LAW PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, on May 25, 2007, Judgment was entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of Cumberland County at No. 2007-3176; and WHEREAS, Defendants own an interest in that certain real property known as 1702 Harrisburg Pike, Middlesex Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Defendants have requested the Plaintiff to release the Property from the lien of the Judgment, which Property constitutes a portion, but not all, of the Property that is subject to the lien of the Judgment. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, Plaintiff, PNC Bank, National Association, for itself and its successors and assigns, agrees that it will not attach or levy upon, sell or dispose of, or claim or demand the Property as a result of the Judgment, and further releases the lien of the Judgment only on the Property; provided, however, that neither this Partial Release nor anything herein contained invalidates, diminishes, alters, or otherwise affects the Judgment or the lien or security of the Judgment upon or against any other property of Defendants or either of them in Cumberland County, Pennsylvania, or elsewhere; and provided further that neither this Partial Release nor anything contained herein is or should be construed to be or to evidence satisfaction or discharge of the debt of the Defendants to the Plaintiff, PNC Bank, National Association. ~k ~~ ~~ ~ Q ~o RS C~~ aSo~~ ~,'~ 4 IN WITNESS WHEREOF, the Undersigned executed this Partial Release this /~ day of October, 2010. PNC BANK, NATIONAL ASSOCIATION By: ~ Brett A. Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~Q" SS.. On this, the ~~ day of October, 2010, before me, the undersigned officer, personally appeared Brett A. Bertoli, who acknowledged himself to be the Vice President of PNC Bank, National Association, who being authorized to do so, executed the foregoing instrument for the purposes therein contained as such officer. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal the day and- year aforesaid. Notary Public My Commission Expires: ~ ~~/~o~ ~ ~:OMMONWEALTFI OF PENNSYLVANIA !~~ ~ Notarial Seal j Connie Bier. Notary Public Manheim Twp., Lancaster County qty Commission Expires Jan. 31, 2012 Member, Pennsylvar~a Association of Notaries L EXHIBIT "A" ALL THAT CERTAIN tract of land, together with improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a concrete monument on the south side of U.S. Route 11 and Thirty-five (35) feet from the center line thereof; and at a corner of land now or formerly of Charles M. Pass; thence by land now or formerly of Charles M. Pass, South 6 degrees 20 minutes West, two hundred thirty (230) feet to a concrete monument at land now or formerly of Do-Ma Corp., North 83 degrees 40 minutes West, two hundred (200) feet to a concrete monument; thence by the same, North 6 degrees 20 minutes East, two hundred thirty (230) feet to a .concrete monument on the south side of U.S. Route 11 and thirty-five (35) feet from the center line thereof; thence along the south side of said U.S. Route 11, South 83 degrees 40 minutes East two hundred (200) feet to a concrete monument, the place of BEGINNING. CONTAINING 1.056 acres, more or less. Being known and numbered as 1702 Harrisburg Pike, Carlisle, PA 17013. Tax Parcel No. 21-07-0465-021.