Loading...
HomeMy WebLinkAbout07-3223Robert 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@verizon. net Attorney for Plaintiff PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. ~'r -.3.223 (rluc ~/Lh~ ' ~~ SPANKEY'S AUTO SALES, INC. :CIVIL DIVISION -LAW 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 .............................. $ 213,852.48 Interest Amount Due @ 6.150% p(a .................... $ 146.13 Attorney Collection Fees ............................. $ 21.399.86 TOTAL .......................................... $ 235.398.47 Judgment entered as above. Prothonotary i Robert D. Kodak, Esquire Attorney for Defendant COMMERCIAL LOAN DOCUMENTA 7177354764 P.018 COMMERCIAL GUARANT`' ~. ..... .......................................................:.:: .-.-.:~::.~::::::::::::::::::.::r.:::::....::::::^..:::!^.:-:^.•Y,~~V4f1Vn/.Y.:'iii i~vwv.: ::: ktil}7.':fc~.:::~.: References in the shaded area are for London's use only and do not limit rho spplicabiliry of this document to any particular loan or item. _~ Any Item above containing '•-•" has boen omitted duo to text tongth limitadons. Borrower: DBL, a Dennsylvanla Llmlted Partnership (71N: Lender: PENNSYLVANIA STATE BANK 25-18x8185) Cumberland Parkway Flnanclal Center 701 E. Locust Street 91 Cumberlantl Parkway Mechanicsburg, PA 17055 Mtxhanlcsburg, PA 17055 (717)795-7200 Guarantor: Spankey's Auto Safes, Inc. (T1N: 215105011) 701 E Locust Sveet • Mechanicsburg, PA 17056 AMOUNT OF GUARANTY. This Is a guaranty of payment of the Note, Including without Ilrnhatlon the prlnelpal Note amount of Three Hundred Thousand &00/100 Dollars ($300,000,00). GUARANTY, For good and valuable con8lderation, Spankey's Auto Sales, Inc. ("Guarantor°) absolutely and uncondltlonally guarantees and premixes to pay to P>~NNSYLVANIq STATE SANK ("Lender') or its Order, in legal tender of the United Stator of America, the Indebtedness (as that term is defined below) of D9L. a Pennsylvania Limited Partnership ("Borrower") to L• ender on the terms and condlclons act forth fn this Guaranty. MAXIMUM LIABIt.l1'Y. The maximum liability of Guarantor under this Guaranty shall not exceed at any: one time the amount of the lndobtedness described herein, plus all costs and expenses of (A) onforcoment of this Guaranty and (B) coiloction aria sale of any collateral securing this Guaranty. The above limitation on liability is not a restrfctlon on the amount of the Indebtedness of Borrower to Lender other in the aggregate or at any one time, !f Lender presently holds one o- more guaranties, or hersahAr receives addtional guarandes from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specN(eally provided below to the contrary) affect or Invalidate any such other guaranties. Guarantor's IiabAtty will bo Guarantor's aggregate t-ablllry under the terms of this Guaranty and any such other untarminatad guaranttav. INDEBTEDNESS GUgRANTEED. ThA Indebtedness guaranteed by this Guaranty Includes the Note, including (A) all principal, (b) all Interest, (c all late charges, (d) alt Ip,~n fe@g And loan charges and (e) all collACtiort costs and expens85 relating to the Not9 or to any collateral for the Note. Collection costs and expanses Include without limitation all of Lender's attorneys' fees. DURATION OF GUARANTY. This Guaranty wiN take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in toll force until all Indebtedness shalt have been fully and finely paid and sadsfled and alt of Guarantor's other Obligations ui+tler this Guaranty shall have been performed in furl. Release of any other guarantor or termination of any other guaranty of the Indebtedness shalt riot affect the liabilty of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors Shall not affect the liability of any remaining Guarantors under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizss Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from limo to time- (A) to make one or more additional secured or unsecured loans to Borrower, to lease ,equipment o- other goods W Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, eCCelerate, or otherwise Change one Or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increASes and df3Crea5es of the rate of interest on the Indebtedness; extensions may bo ropoatod and may bo for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or deckle not to pertect, and relos:,o any such security, whh or without the substitution of new collateral; (0) to release, substitute, agree not to sue, or deaf with any one or more of lorrower'„ sureties, endorsers, or otter guarantors on any terms or in any manner Lender may choose; (E~ to determine how, when and what ppplioation of payments and credits shat) be made on the lndebtedncss (~ to apply such securtry and direct the order or rnanner•of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agroomont or deed of trust, as Lender in its discretion may determine; {~) to sell, Vansfer, assign or grant participations (n ail or any pan of rho Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part, GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represente and warrants to Lender that (A) no rtapresentatans or agreements of any kind have b6en made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (9) this Guaranty Is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authorrty to enter into this Guaranty; (0) the provisions of this Guaranty do not conflict with or resut in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (~ Guarantor has not and will .not, without the prior written consent of lender, sell, lease, aS;,Ign, encumber, hypothecate, transfer, a otherwise dispose of aU or substandel(y all of Guarantor's assets, or pny interest therein; (~ upon Lender's request, Guarantor will provide to lender financial and credit information in form accoptsblo to Lender, and all such financial information which currently has boen, and all future financial Informatbn which will he provided to Lander is and will be true and correct in all material respects and talrly pr~snt Guarantor's Onanelal eondiGOn as of the dates the fin&neiAl information is provided; (G) no material adverse change has occurred In Guarantor's financial condtlon since the date of the most rrtcent finanCiAf statements provided to lender and no event has occurred which may matArlally adversely affect Guarantor's financial Condition; (H) no lidgation, claim, investigation, administrative procseding or similar action (Including those for unpaid taxes) against Guarantor is pending or threatened; (I) Lender has made no representation to Guarantor as to the creditworthiness of Borrower, and (J) Guarantor has estsblishcd adequate moans of obtaining from Borrower on a continuttg basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately Informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obllgadon to disclose to Guarantor any information or documents acquired by Lender fn the course of Its relationship with Borrower. GUARANTOR'S WAIVERS. Except ss prohibited by applicable law, Guarantor waives any right to require Lender (A) to continuo lending money or to extend other credit to Borrower,. (B) to make any presentment, protest, demand, or Holies of any kind, Ineluding notke ~oI any nonpayment of the Indebtedness or Of any nonpayment related to any oollateral, or notice of any action or nonactbn On the part of Borrower, Lender, any surety, endorser, or other guarantor in connection wth the Indebtedness or in connectio payment or to'proceed directly or at once a atrial an M~~ additional loans or obligations; (C) to resort for g y person, includ' rttor; (D) to proceed directly against or exhaust any collateral held by Lender from .Borrower, any other guarantor, or private sale Of personal property securtry held by Lender from Borrow '~~ a of the tarns, time, and place of any public or Code; (F) to pursue any other remedy within Lender's power, or (G appllcabla provisions of the Unrform Commercial matter whatsoever. of any kind, or at any time, wth respect to any !n addition to the waivers set forth heroin, if now or hereafter Borcowor be fully secured by collateral pledged by Borrower, Guprrantor hereb f ~ d the Indebtedness shall not at a!I times until paid R""'^^`•'O''^ .eennn~w,n ci innnecnro on„ ,.Ie;.w y laver of Lender and Borrower, and Lender's and ~/ rird,~ ~n nu,ownM roue re NlAr .weu ti,u. Ne,.e ,.. r.e.cehn. he„O n. inn ni.0. rennin n_t RnantUnr M MAY=24-2007 11:22 COMMERCIAL LOAN DOCUMENTA 7177354764 P.019 Loan Ho:64000896 COMMERCIAL GUARANTY {Continued) Page 2 --u~.. ,._ _. subrogation or otherwise, so that at n0 tlme shell Guarantor be or become a 'creditor` of Borrower within the meaning of 11 U.S.C. seetlOn 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses arising by reason of (A) any "one ocdon' or "anti-deficiency" law or any other taw which may prevent Condor from bringing any.action, including a claim for deficiency, against Guararnor, before or after Lender's commencomcnt or completion of any foreclosure action, either judicially or try exercise of a power of S91e: (B} any election of remetGeS by Lender which destroys or othorwlvA adversely stfects Guarantor's subrogation rights or Guarantors rights to proceed against Borrowe for reimbursement, Including without limhatkln, any foss of rights Guararor may Suffer by reason of any law limiting, quallfying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessatlon of Borrower's liabilhy from any cause whatsoever, other than payment in full in legal fonder, Of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified Impairment of any collateral for the Indebtedness; (E} any statute of limitations, if at any time any action or soft brought by Lender against Gtlararrtor is COmmAnCAd, there is outstanding Indebtedness of Borrower to Candor which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors st Isw or in equity other than actual payment and performance of the Indebtedness. If payment Is made by Borrower, whether voluntarily or otherwise, 'or by any third party, on the lndobUadrtess and thereafter Lender is forced to remit the amount of that payment to Borrower's tNSte9 In bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall bo considered unpaid for the purpose of the enforCOmont of thi9 Guaranty. Guarantor further waives end agrees not to a:,sert or claim at any time, any d«3ductions to the amount guaranteed under this Guaranty for any claim of setoff, Counterclaim, counter demand, rgcoupmont or similar right, whether such Claim, demand or right may be asserted by the Borrowor, the Guarantor, or both. GUARANTOR'S UNDEASTANOINt; WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made 'with Guarantor's full knowledge of. its significance and consequences and that, under the Circumstances, the waivers are ra~sonade and not contrary to public poky or law, If qny such waiver is determined to be contrary to any applicable taw or public policy, such waiver shall be effective only to the extent permitted by law or public policy. SUBORDINATION OF AORROWER'S DE9TS TO GUARANTOR. Guararttor agrees that tttc Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall bo superior to any claim that Guarantor mey now have or heroahor acquire against Borrower, whether or not Borrowor becomes insolvent, Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that lender may now or hereafter have against Borrower, !n the event of insolvency and consoquont liquidation of the assets of (3orrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidaton, or otherwise, the assets of Bonowsr applicable to the payment of the claims of both Lender and Guarantor shall be paW to Lender and shall be first applied by Lender to the Indebtedness Of Borrower to Lender, Guarantor does hereby assign to Lender all Gaims which a may have or acquire against Borrower or against shy assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective ony for the purpace of assuring to Lender fuN payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligatlons of Borrower to Guarantor shall be marked with a IegAnd that the same qrp Subject to this Guaranty and shell be delivered to lender, Guarantor ggre9s, and Lander is hereby authorized, in She name of Guarantor, from time to time io execute and frle financing statements and continuation statements tend to execute such other documents and to take such other actions as Lender deems necessary or approp-isto to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS DROVISIONS. The following miscellancous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documerrts, constitutes the entire understanding and agreement Of the parties Fla to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall ba 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 and expenses, including Lender's attorneys' fees and Landers legal expenses, Incurred in connection witft the enforcement of this Guaranty. Lender may hire or pay someone else to help er1}once this a uarartty, sntl Guarantor shall pay the costs and expanses of such enforcement, Costs and expenses include Lender's attorneys' fees and legal pen5e6 whether or not there is a lawsuit, including attorneys' fees end legal expenses for bankruptcy proceeding (including efforts to modify or vaGt~fe any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. GuararKOr also shall pay all court costs and Such Add}tkxtal fens as m.~y be direCt9d by the court Caption Headings. Caption headings in this Guaranty arc 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, construed and enforced in accordance wits federal taw and the laws of the Commonwealth o1 Pennsylv,tnls. This Guaranty has boon accepted by Lender In the Commonwealth of Penrrrylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the forms of this Guaranty; Guarantor has had the • opportunity to ba advLsod by Guarantor's attpmey with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and pard evidence is not required to interpret the terms of this Guaranty, Guarantor hereby indemnifies and hdds Lender harmless }rem all losses, claims, damages, and costs (Including Lender's attorneys' fees) suffered or Incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all Cases whore there is more than one Borrower or Guarantor, then all words used In this Guaranty In the singular shall be deemed to have been used in the plural whore me context and ConStruCtion so require; and wMtere there Is more than one Borrower horned In this Guaranty or when tttis Guaranty is executed by morn then one Guarantor, the words 'Borrower' and `Guarantor" respectively shall mean all and any one or more of them. Tho wards "Guara~ltor," °Borrowor,' and 'Lender" include the heirs, successors, assigns, and transferees of each of them. If s court finds tharany provision of this Guaranty is not valid or should not be enforced, that fact by itsdf will not tr,san that the rest of this Guaranty will not be valid or enforced. Therefore, a court will Enforce the rest of the provisiipr>v of this Guaranty even If a provision of this Guaranty may bs found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limit6d liability companies, or similar enCrties, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, Payers, managers, or other agents acting or purporting to act on their behalf, and any Loan indebtedness made or created in reliance upon the Professed exercise of Such powers shell be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall bo given In writlng, and shall be effecWe whop actually delivered, when acttally received by telelacsimile (unless otherwise r9qulred by taw), when deposited with a natlonaly recognized overnight cour'~er, or, if mailed, when deposited in the United States mail, e5 first class, cerd(Igd or registered mail postage prepaid, directed to the addresses shown Hoar the beginning of this Guaranty. Any party mey change its address for notes under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lander inform *. aII times of Guarantor's current address. Unless: rwise provided by applicable law, it there Is more than one Guarantor, any notice give, ~ Lender to any Guarantor Is deemed to De notice gilt .u all Guarantors. No VJglvor by Lender. Lender shall not b6 deemed to have waived any riSrhts under this Guaranty unless such waiver iS oiven in wrltina and 11:22 COMMERCIAL LOAN DOCUMENTA 71773fi4764 P.020 COMMERCIAL GUARANTY Loan No: 6x000896 (Continued) Page 3 ... .r.: signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate ss s waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty hall not prejudice or COnstltute a waiver of Lenders right otherwise to ds~nand strict compliance with that provision or any other provision of this Guaranty. No prior waiver try Lender, nor any course of abating between Lender end Guarantor, shall constitute a waiver of any' of Lenders rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lander is required under this Guaranty, the granting of such consent by lender in any Instance shall not constitute Contlnuing consent to subsequent InStenCes where Such Consent iS required and In all cases such consent may be grantetl Or wkhhbld In the sole discretion Of lender. Successors and Assigns. The tarns of this Guaranty shall be binding upon Guarantor, and upon Guarantors heirs, personal ropresonraBves, successors, and assigns, and shalt be enforceable by Lender and its successors and assigns. DEFAULT INTEREST RATE In the event of default for which Lender does not ecceleratP the Loan, Including the faluro of Borrower to provide the financial statement9 as required hereunder or under the Loan Agreement, rho applicable interest rate on the Loan, for a period beginning three (3) days after written notice of such default and ending upon the curing of said noticed default, Shah Increase ono quarter of one percent (.2596) for the first thirty (30) days of said default and Increase an addhlonaf one quarter of one percent (.2596) during each thirty (30) day period thereaher during which the noticed default Continues. Such default interest rate shall apply to the ou~tanding principal balance of the Loan. Upon the curing of the noticed defauh, the Interest rate on the Loan shall revert to the initially agreed-upon interest ratio elfeCtlve On the date on which default is Cured. FINANCIAL STATEMENTS. Furnish Lender with, as soon as available, but in no event later than one hundred twenty (f 20) days after the end of each fiscal year, Guarantor's personal flnanelal statAment and federal income tax return. All financial reports required to bo provided under this Agreement shall be prepared in aCCOrdanCB with genbrally accepted accounting principles, applied on consistent basis, and C9riffled'by Guatan~or as tieing true and Correct. DEFINITIONS. The following Capitalized wortls And terms shalt have the folowing meaningv when used in this Guaranty. Unless specificaly stated to the contrary, all references to dollar amounts shat) mean amounts In lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the Singular, as the Context may require. Words and terms not Otherwise deflnbd In this Guaranty shall have the meanings atV(butad to•such forms in the Uniform Commercial Code: Borrower. The word "Borrower" means DBL, a Pennsylvania Limited Partnership and indudes all co-signers and Co-makers signing the Note. Guarantor. Tho word 'Guarantor' moans each and every person or entity signing this Gueranry, Including without limitatan Spankey'S Auto Sales, Inc.. Guaranty. The word 'Guaranty" means the guaranty from Guarantor to Lender, including witMput limitation a guaranty of all or part Ot the Note. Indebtodnoss, The word 'indebtedness" moans Borrower's indebtedness to Lender as more particularly described in this Guaranty, lender. The word "Lender" means PENNSYLVANIA STATE BANK, its successors and assigns. Note. The wortl "Note" means the promissory note dated October 2, 2003, In the original principal amount Ot;3p0,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings Of, ConSOlklat[ons of, and substitutions•for the promissory note or agreement. Related Documents. The words "Related Documents" mean all promissory notes, Credh agreements, loan agreements, environmental agraomonts, guaranties, security agroomenTv, mortgages, deeds of trust, security deeds, Cptlgterel mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the indebtedness. PROTHONIOTARY OR CLERK 0 ANY COUATT N T EECOMMONWEAOLTH OF PENNSYOWAN A, OR ELSEWHERE TO APPEAR AT ANY TIME OR. GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITI40UT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOA THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND AJ,IY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING 70 ANY COLLATERAL SECURING THE INOEBTEONESS, TOGETWER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1096) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WWICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEOtATELY; AND FOA SO DOING, THIS GUARANTY OR A COPY OF TWIS GUARANTY VERIFIED 6Y AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY..IXF.FiCISE OF THAT AUTHORITY, BUT SHAH CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE. UNDER. T}iIS.,G(JARANTY:. •GUARN. VTOR HERESY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECT70N 1!a/1.TH ANY SUCH' CONFESSION:OF JUDGMENT AND STATES THAT EITHER A REPRESEhiTATIVE OF LENDER SPECIFICALLY GALLED 7MIS CONFE:SSIOIV OF :JIJDG'1E71ENT PROVISION TO GUARANTOR'S ATTEN71pN OA GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COGNSEL: ~ ~! :,. t,ACH UNDERSIGNED GUARANTOR ACKNQWLEDGES' HAVING READ ALL THE PROVISIONS OF THIS GUARANTY ANO !iGREES TO ITS TERMS. IN AODtT1pN, EACH'GUARANT~R UNDERST/-ND~S"THAT THIS" GUARANTY IS EFFECTIVE UPON GUARANTOR'S EkfiECUT10N AND DELIVERY OF THIS GUARANTY 701ENDEA ANO THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED OV THE MANNER SET FORTH IN THE SECTION TR'LED 'DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS CyUAHANTY EFFECTIVE. THIS GUARANTY IS DATED OCTOBER 2, 2003. THIS GUARANTY IS GIVEN UNDER SEAL AND R 13 INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, GUARANTOR: SPANKEY'S AUTO SALES, INC. . . By:: _:: .:::i:' ~: ~ .~ . ,,., ....,. :: ~ .:.y ;: ., ; ;'Scat) .d,. ."Le99 •~~.. .::a. koy's• Auto • Sales, inc. MAY=24-2007 11:23 COMMERCIAL LOAN DOCUMENTA 7177354764 P.021 COMMERCIAL GUARANTY Loan No: 64000896 (COntIf1U@d) Page 4 CORPORATE ACKNOwLERGMENT • COMMONW AL OF PENN YLVANII~ ~ i ~ )~ COUNTY 0 _ _ ~ ~ On this, the day o !,~ ~,,, ~U~, before me .~~ ,S .the undersigned Notary Pubt~, personal) a "' ~ Sales, Inc., who acknowledged himself or herself to be tho President of S n y pP~red ~ Id B. Leggett, reside o pankey's• Auto President of S n ~ ~ Pa ~Y~s Auto Sales, lnc,, of a corporation, and that he or She as Such pa (tey's Auto Ssl~, Inc., bel authorized to do so executed the foregoing t sv nt for the purposes therein contained by signing the name of the corporation by himset} or herself as President of Spankey'b Auto no„ !n wuness whereof, !hereunto set my hand and official a ,.~..... W~MGY S. CHE^z.9R0, ~ - .. ~. -~.. _ . ~ .._ - ~ANtsf'lAllfJA ~• fv~1 Notary Public to and for 6 State of • My coftf,~,~aol, ~f,a ~ • - ,APen ng t,w~ W, esmw C,y ~w,ln., ,w.wr .w.r.~n b. > ,mP yu P.y °-_ .. PA Y11AlIGLNN1M1i,LM4{37.K. M1YJd17 n.Cw„we FileFik Pr ~ Screens' • (rt v r ~ ~~+w+ ' ~~ ~ El x o«.. OtL ~ntilllYy next als~ay ~ ;B~SIG1~0~ Q~~ .. ~ Maintafrtab#e'Fi~id _ .. _ _~ Note number ` 64909@96 - OB G 81 Short name DOL z. MEMO AET(VE ` M' Customer Data Note amount ~ ~.~ ~ A PENNSYL1rRNIR liMI7EP PRRTNER~-IIP ! P'nncipal belnnce ~" 213 852'48 781 E LOCttST S7• Interest balance ~ ° '~ ~ M~i~I~tIC"~~ PA 17855 ~~ 146.13 PiO 5-25.-87 213,9~:6t .Avail for dish .08 Contact/Tltte .Interest Qaia Tax 1O 25-1848185 Intrate 6..1500 Home phone 1 : ~-~- Oail}~ intfador x,533132' ''Business phone iA_t]AfI-EJBtIg Interest paid YTL7~ -, 6,2f16.29 ~ ~ Officer X74-1 Da#es ' Nexf Payment Data--=--_:' Note date Next due date o-95-B7 10-02-03 Lent renewed Next pmt amount 3, 35.'8 ~~laturiiy date 1B-E~-13 Total past due amt: .pp . Lastactrve 5-21-07. Sid Data Lastpaid instailmant 5-85-07 Ra' _rcentage sold .~~~~~ Interastpaid to dste 5-21-07 ~ Total sold 09 ~5!'25J200' __ F QPRDEV903F j TLflBROt)ME ! t35g1i} 50~ g79b-1-~' ("-~~~-"""'~ q j.27 PM ~- VERIFICATION I, DAVID W. PREVOST, Vice-President/Special Assets Officer, of PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Dated: '~ n5 ~ ~ PENNSYLVANIA STATE BANK, Division of BLC B K, N.A. /n David W. Prevost Vice-President/Special Assets Officer z /~.~ W N 3 ~~ fJ d~ ~~.! C~ 'c ~~ ~,rra ~-: ~~ . ~, c ~, ~.,~., r.s ..~ x~ -.~ ca c~ -~ c» ~~ ~~ ,7 c ~~ remit .°~~ --~ PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . v. NO. Q7,.3~.3 i~ /c~c~ . ~, ~~'i2 SPANKEY'S AUTO SALES, INC. :CIVIL DIVISION -LAW Defendant :CONFESSED JUDGMENT PLAINTIFF'S AFFIDAVIT/AVERMENT CONFESSION OF JUDGMENT FOR MONEY (x) Pursuant to Pa. R.C.P. No. 2951 1 2 ii I certify that this judgment is not being entered by confession against a natural person in connection with a consumer transaction. credit (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. ••••••••1•••••• The above certification is made subject to the penalties of 1 a. falsification to authorities. 04 relating~nnsworn Dated: Mav 29 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 ~~~ c Q m Z" ~~ to,~-~ c - w 'S .. ~=: ~ ~ ~ ~~ ~ ~rn w -c PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. SPANKEY'S AUTO SALES, iNC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: SPANKEY'S AUTO SALES, INC., DEFENDANT A Judgment in the amount of $235,398.47 has been entered against you and in favor of Plaintiff without a prior notice or hearing based on a Confession of Judgment contained in a written agreement or other paper allegedly signed by you. The Sheriffmay take your money or other property to pay the Judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the Judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NOT FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 ROBERT D. KODAK, ESQUIRE POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7152 ATTORNEY FOR PLAINTIFF ~ r.s n ~$ ~'' -< 7 ~:. ~'~ ' ~ --~- r ~ to c1: -< PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. SPANKEY'S AUTO SALES, INC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CONFESSED JUDGMENT TO: SPANKEY'S AUTO SALES, INC., Defendant You are hereby notified that on , 2007, Judgment by confession was entered against you in the sum of $235,398.47 in the above-captioned case. DATE: /~~ y ~ 2007 Pro honotary 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 170 i Robert D. Kodak, Attorney for Plaintiff CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 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. SPANKEY'S AUTO SALES, INC., Defendants N0.2007-3223 r" . ~ ~ ca .y ~ ~ . ~ ~~ ~ CIVIL ACTION - IAW.-`.~ ~ ~ ~~ ~~.~ -~"'~-, ~M ' ,~ ~`,`-T- t <` PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, on May 30, 2047, Judgment was entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of Cumberland County at No. 2007-3223; 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. ~~ ~~~ ~ ~~ o~ c~~~s IN WITNESS WHEREOF, the Undersigned executed this Partial Release this ~ day of October, 2010. PNC BANK, NATIONAL ASSOCIATION -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. Notary Public My Commission Expires: Q~~~ / ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal ConMe Btxlar, Notary Pubitc Manhefm Twp., Lancaster County My Canmisston Expires Jan. 31, 2012 Member, Pennsylvarre Associatlon of Notaries EXHIBIT "A" Tract No. l The property known as 607 East Locust Street, Lots 36 through 41, identified as Tax Parcel Nos. 10-23-0563-010 and 10-23-0563-O11, 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 31C, 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.