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HomeMy WebLinkAbout07-3224Robert D. Kodak, Esquire Supreme Court LD. 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. Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA SPANKEY' S AUTO SALES, INC CIVIL DIVISION -LAW trading and doing business as SPANKEY' S AUTO SALES 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 Interest Amount Due @ 6.150% p/a Attorney Collection Fees ...... . TOTAL ..................... Judgment entered as above. Prothonotary ..................... $ 213,852.48 .' ................... $ 146.13 ...................... $ 21.399.86 ............ .. 235 398.47 Robert D. Kodak, Esquire Attorney for Defendant PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. SPANKEY'S AUTO SALES, INC. :CIVIL DIVISION -LAW trading and doing business as SPANKEY' S AUTO SALES Defendant :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, Spankey's Auto Sales, Inc., is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with an office and place of business at 701 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 and is trading and doing business as Spankey's Auto Sales.. 3. In an effort to induce Plaintiff to extend credit to the business known as DBL, a Pennsylvania Limited Partnership, Spankey's Auto Sales, Inc., General Partner (hereinafter "DBL"), F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp spankeys no inc gty 3070111.wpd:29May07 1 on or about October 2, 2003, Defendant did execute an a Commercial Guaranty as a guaranty of payment on a principal Note in the amount of Three Hundred Thousand ($300,000.00) 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. DBL is indebted to Plaintiff in the principal amount of Two Hundred Thirteen Thousand, Eight Hundred Fifty-Two Dollars and Forty-Eight Cents ($213,852.48), 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 DBL to Plaintiff is set forth on Plaintiff s Note Inquiry attached hereto, marked as Exhibit "B" and made a part hereof. 7. Pursuant to the terms of the Commercial Guaranty attached hereto at Exhibit "A" and made a part hereof, Defendant is further indebted to Plaintiff for interest in the amount of One Hundred Forty-Six Dollars and Thirteen Cents ($146.13)), as also set forth on Plaintiff's Exhibit "B" F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp spankeys no inc gty 3070111.wpd:29May07 2 MAY-24-2007 11:21 COMMERCIAL LOAN DOCUMEN'fA ?177354764 COMMERCIAL GUARANI` ~.~:: f:~ ~:.._. __..~.,...~ ~,..._,w.. .M.......z ...................::.... . :xr:::=::~-.... y rtk:ular loan or em. RoforenCes in the Shaded area are for Lender's use only and do not limit the applicability of this document t0 an pa Anv {rem above containing ""'" has been omitted due to text Ian. th limitations, BOI'i'OWet : D9L, a Pennsylvania Limited Partnership (TIN: Lender: Cumberland Parkway FE ancla Confer 25'111481135) 91 Cumberland Parkway 701 Q. Locust Street, Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 (71T) 795.720Q Guarantor: Spankoy's Auto Sales (TIN: 23-213189f3) 701 E. Locust Street Mechanicsburg, PA 17055 AMOUNT OF GUARANTY. This is a guaranty o! payment of the Note, including without Ilmitation the prinefpal Nate amount of Throe Hundred Thousand &00/100 Dollars (S300,000.00). GUARANTY. For good and valuable con¢Idoration, Spankey'9 Auto Solos ("Guarantor") absolutely and unconditionally guarantaea and promises to pay to DENNSYLVANIA STATE SANK ("Lender") or ib order, in legal tender of the United Status of America. the Indabtodnesb (as thdt terM is defined below) of DBL, a Pennsylvania Llmlted Partnership ('Bor'rower"•) to Lender on the terms and conditions set forth In this Guaranty. MAXIMUM LdABILITY. The maximum Itability of Guarantor under this Guaranty shall not 8XC6ed at anyone time 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 Ilmitstion on liabliry is, not a restrlctlon on the amount of the Indebtedness of Borrower to Lender either In the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, lender's rights under all guaranties shell be cumulative. This Guaranty shall not (unless speoificdlly provided below to the Contrary) affect or invalidate any such other guaranties. Guarantor's Ilabtlity will be Guarantor'b aggregate liability under the terms of this Guaranty and any such other untarminated guaranties. INDEBTEDNESS f3UARANTEED. The Indebtedness guaranteed by this Guaranty Includes the Note, ineluding (a) all principal, (b) all Interest, (e) all late charges, (d) all loan fees and loan charges, and (e) all COIIACtion Costs and expenses relating tp the Note or to any collateral for thA Nota. Colleetkm costs and expenses include whhout Ilmltatlon all of Lender's attorneys' flies. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, o- any notice to Guarantor Or t0 Borrower, and will continue in full fierce until all Indobtcdn~s shall have been fully and finally paid and 5pllsfled and a!I of Guarantor's other obligations under this Guaranty shall have been performed to full. taoloase of any other guarEtntor or termination of any other guaranty of the Indebtedness shall not aNeCt the liability of Guarantor under this Guaranty, A revocation Lender receives from any one or more Guarantors ;hall no[ effect the liability of any remaining Guarantors under this Guaranty. GUARANTOR'S AUTHOp17ATION TO LENDER. Guarantor authorizAS Lender, without notice or demand and without lessoning Guarantor's Ilablllty under this Guaranty, from time to time: {A) to make one or more additbnal secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credR to Borrower, (B) to alter, compromise, ren6w, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness ~ any pan of the Indebtedness, Including increases and decreases of the rate of interest on the Indebtednes&; extenslorts may be repeated and may be for longer than the originpl loan term; (C) to take and hold Security for the payment of this Guaranty or ttt9 Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral: (D) to release, substitute, agree not to sue, or deaf with any one or more of Borrower's sureties, endorsers, Or other guarantors on any terms or in any manner L•onder may choose; (~ w determine how, when and what application of payments and credits shall be made on the Indebtedness (F~ to apply such security and direct the order or manner of sale thereof, Including without limitfltlon, any nonjudicial sale pemtitted by the terms of the controlling security agreement or deed of crust, as Lender in itv discretion may determine; (G) to sell, transfer, eS,¢ign or'grant participations in all 4r any pan of the Indebtedness; and (H) to a:Hlgn or vanster this Guaranty in whole or in psrL GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor repr9sents and warrants to Lender that (A) no representations or agreements of any kind have been made to Gu4rentpr which would limit or qualify in any way the torrrty of this Guaranty; (B) this Guaranty K executed at Borrower's request and not at the request Of Lender, (C) Guarantor has full power, right and authority 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 insvumant binding upon Gw-rantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor, (~ Guarantor ha, not and will not, wlthouC the prior written Consent of Lender, sell, lease, assign, oncurnber, hypomecete, transfer, or otherwise dispose of all or 5ubstpntlally all of Guarantor's assets, or any interest therein; (F~ upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such fnancisl information which currently has been, and all future financial ittfomtpdon which will bo provided to Lender iS and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial Information is provided; (G) no material adverse change has occurred In Guarantor's flnanc""cal condition since the date of the mast recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no Iltlgatlon, claim, investigation, administrative proceeding or Similar action. (1nCluding those for unpaid taxes) against Guarantor Is pending or threatened; (I) Lender has made no repre5entatbn to Guarantor as to the Credinvorthlness of Borrower, and (J) Guarantor has established adequate means of obtaining from Borrower on a Continuing basis irtforrrtation regarding Borrower's fnancia! condition. Guarantor agrees to keAp 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 obligation to disclose to Guarantor any information or documents acquired by Condor in the course of its rslatbnship with Borrower. GUARANTOR'S WAIVERS. Except ss prohibited by applk;able law, Guarantor waives any right to require Candor (A) to Continua landing money or to extend other credit to Borrower; (8) to make any prosontment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to Any Collateral, or notice of any action or nOnaGtipn on rho part of Borrower, Lander, any surety, endorser, or other guarantor in connection with the Indebtedness or in conneCtl f,~ or addttlonal loans or obligations; (C) to resort for payment or to proceed diroctiy or at once against any parson, incl "~!p ranter; (D) to p-~~d directly against ~ exhaust any collateral held !ry Lender from Borrower, any otnar guarantor, o notice of the terms, time, and place of any public or ' private sale of personal property security held by Lender Irom eorr ~ r applicable provisions of the Uniform Commercial Code; (F~ to pursuA any other remedy •wfthin Lender 5 ppwAr, or Ion of any kind, or at any time, with respect to any matter whatsoever. In addltlon to the waivers set torah herein, if now or hereafter Borrow nd the Indebtedness shall not at all timo.^, until paid lie fupy secured by collateral pledged by Borrower, Guarantor hereb in favor of Lander and Borrowyr, and Lpen,,der's and o___....... . . ................. ..•,...-.+""+..e on„ M~~+a n+ rlnhr rn rtwmnM .n tare n}A- ML1V I1AUl h1Vn nr hi:fP.At1Pf hAVA Or acquire aOalnSt p{,rroWOr, bV 7177354.764 P.015 MAY-24-2007 11:21 COMMERCIAL LOAN DOCUMENTA COMMERCIAL GUARANTY page 2 • Loan No: saoooass (Continued) - ,_..._ subrogation or otherwise, so that at rte timA Shall Guarantor bo or become a "creditor" of Borrower within the meaning oft 1 U.S.C. section 547(b), or any successor provision of the Fcdersl bankruptcy laws. Guarantor also waives any and all tights or defenses arising by reason of (A) any "one action' or "antl•deficioncy' law or any other law which may prevent Lender from bringing any action, including a Claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by ezerciso of s power of sale; (B) any slgotbn of remedies by Lender whk:h destroys.or othorw~q adversely. affects Guarantor's subrogation rights or Guarantors rights to proceed against Borrower for rgimbursemern, including without Ilmhation, any (oss of rights Guarantor may suffer by reason of any law limhing, qualifying, or discharging the Indebtedness; (C) any dlsabil'rty or other defAnse of eon~wo~n of any other guarantor, or of any other person. or by reason of the cessation of Borrower's liability from any cause whatsoever, other tttart PaY full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the bads of unjustified impairment of any cdlaterel for the Indebtedness: (E) any statute of tlmiratlons, If at any time any action or suit brought by Lender against Guarantor Is eorrtenencad, thorn is outstanding Indebtedness of Borrower to Lender which Is not barred by any applicsble statute of limitations; or {F) any defenses given to guarantors at law or in equity other than acwal payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or Dy any third party, on the Indebtedness and thereafter Lender is toned to remit the amount of that payment to Borrower's trustee In bankruptcy or to any similar parson under any federal or state gankruptCy law or law for the realiof of debtors, the Indebtedness shall be considered unpaid far the purpose of the enforcement of this Guaranty. Guarantor further waives and a9roes not to assort or claim at any Ume any deductions to the amount guaranteed under ti1i$ Guaranty for any claim of Setoff, Counterclaim, counter derr~nd, recoupmont or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or txrttt. GUARANTOR'S UNDERSTANDING WrTH RESPECT 70 WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantors full knowledge of its significance and consequences and that, undefr the C1rCUrnstanCeS, the wAlvers dre reasonable and not convary to public policy or law. If any such waiver L determinead to be contrary to any applicable law er pubic policy, such waiver shall be Affective only [o the extent permitted by law or public policy. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now Haug or hereaher acquire against Borrower, whether or not Borrower gecomfts insolvent. Guarantor horoby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to Any CIAim that Lender may now or horcaftor have against Borrower. In the event of insolvency and consequent I'quidation of the assets of f3onowAr, through bankruptcy, !ry an asslgnmont for the beneft of creditors, by vduntary liquidation, or otherwise, the sssots of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Loncfor. Guarantor dons hereby assign to Lender all claims which if may have or acquire against Borrower or against any assignee or trustee in , • bankruptcy of Borrower, provldod howovor, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. N Lender so requests, any notes or credit agreements now or heroaftor evidencing any'debts or obligatbns of Borrower m Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to lender. Guarantor agrees, and Lender is Hereby authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and w talcs such other actions as Londor dooms nocossary or appropriate to perfect, preserve and enforce Its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The fpltowing miscellaneous provisions erg a part of this Guaranty, Amendment9. This Guaranty, together with any Related Oocuments, constitutes the entire understanding and agreement of the psRics ss to the matters sot forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effcctive~unlcss 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 cosfv and expenses, Inducting Lender's attorneys' flies and Lenders legal expenses, Encurrod in connection with the onforeemont of this Guaranty. Lender may hire or pay someone else t0 help enforce this Guaranty, and Guarantor shall pay the coots and expenses of such enforcement Costs and expenses inGude Lenders attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees And legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fetes as may be directed by the court Caption Headings. Caption headings in this Guaranty are for convenience purposes onry and ors not to be used to Interpret or define the provisions of this Guaranty. • Govorning Law. Thla Guaranty will be govenied by, construed and enforced Irt accordance with fOdErdl Idw antl the Idws of the Commonwealth of Donnsylvanla. This Guaranty has been accepted by Lender In the Commonwedlth Of Pennsylvania. Intcgratlon. Guarantor further agrees that Guarantor has read and. fully understands the teens of this Guaranty, Guarantor has had the opportunity to be advised by Guarantors attorney whh 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 holds Londor hstmfess from all fosses, 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, represontatk~ns and agreements of this paragraph. . Interpretation. In ail cases where there is more than one Borrower or Guarantor, then all words used In this Guaranty in the singular shall be deemed to have been usead in the plut~sl where the context and constriction so re:quiro: and where there Is more than one Borrower named in this Guaranty or when this Guaranty is executed by morn than ono Guarantor, thC words "Borrower" and "Guararto-' respectively shall mean alt and any one or more of them. Tho words 'Guarantor,' "torrower," and 'Lender" include the heirs, successors. assigns, and transferees of each of them. If a court finds that any provision Of this Guaranty t5 not valid or should not bA enforced, that tact by itseH will not mean that the cost of this Guaranty wll not be val'zf or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty oven It a provision of this Guaranty may be, found to bo invalid or unenforccabto. If any one or• moro of Borrower or Guarantor. are Corporations, parAterehipS, limited I'iability companies, or similar entitles, It 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 act on their behalf, and any Lean indebtedness made or created In rellAnca upon the protessed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwL,e provldod 6y applicable law, any notice required to bo gluon under this Guaranty Shall be given in writing, and shall bo effective when actually dellvored, when actually rocolvod by telefacslmllo (unless otherwise required by law), when derpOSited with a nationally recognized overnight courlor, or, it msifod, whop depa,tod In rho United States mail, as first class, cenHled or registered mail postage prepaid, directed to thA addresses shown near the beginning of this Guaranty. Any party may.change its address for notices under this Guaranty by giving formal wriaen notice to the other parties, specifying that the purpose of the notice is to chance the parry's address. For notes purposes, Guarantor agrees to koop Lender inform t aA limos of Guarantors current address. Unloss4 vwise provided by applicable law, ff there is more than one Guarantor, any notice give.. ~y Lender to any Guarantor Is doomed to bo notice gl~~.. eo all Guarantors. NJ Waiver by Lender. Lender shall not l~ daamart to Itavv wAivxi env rlnhtc nrui4r ehi¢ r~naranfi, IIr1IPSC cnnh wpniP~ is Heine ~~ ~"~^f~~^ ~^~+ 7177354.764 P.016 h(AY-24-2007 11:22 COMMERCIAL LOAN DOCUMENTA COMMERCIAL GUARANTY - ~ page 3 Loan No: 64000896 (Continued) signed by Lender. No delay or omission on ~0 P half not^d-e udlco or constiau~te a wet Ne~rlof pl-e^der's rift otherwise to dehmand s~iCt~eo Pgllanca tt waiver by Lender of a provision of this GuAro tY ° p I rbr waiver lender, nor any Course of dealing between Lender end udre^tor, with that provision or any other provision of this Guaranty. No p by shall constitute a waiver of any of Lende the9gr nt~9 ~ guch Gconsen~by Lendopitn anyt nstanceushdtranot~ StitutemcorTUrty uringeconsenrnto Lender is required under this Guaranty, subsequent instance; whore such cor>vont is regWr°d and in ail Cases such consent may bo granted or withheld In ~ sole discretion Of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representativov, successors, end assigns, and shall be onforCeable by Lender and Its successors and assigns. DEFAULT INTEREST DATE. In the event of default for which Lender does Pfd c~e inter strata an itheudl_oart,mfor a ipedod begrnrtmg throe (3) days flndrlciel statements as required hereunder or under the Loan AgrEerr>ent, after written nadcc of such default and ending upon the curing of said noticed default, s hall increase ono quarter of ones ~ ~~ ~~~) d~~ng which the (30) days of Said default and iner°aso an Addltbnal one Quarter of one percent (.25 k)dd~ring ~ ~ 91 of Q~)Loan p Upon the Curing of the noticed noticed default Continues. Such default interest rate shall apply to the «Inte~st rate effective on the date on which default is cured. defauh, the interest rate On the Loan shall revert to the InhlaNy agreed-up0 try ~ S after the end of each FlNANCIAL STATEMENTS. Furnish Lender with, as soon as available, but in no event later than one hundred twenty ( ro~~ under this Agre~t'+ent fiscal year, Guarantors personal finanClat statement and federal income tmc return. All financial reports required to be p shall be prepared in aceordanco with generally accepted accounting principles, applied on consistent basis, And certified by Gua~n~r ~ tieing true and correct. DEFlNI'I'IONS. The foltowing capitstized words and terms shall have the f011owing meanings when tamed in this Gu~~ry• Unless specifically star the Contrary, all references to dollar amount shall mean amounts in lawful money of the Untied States of Amer~a. Words and terms used In the singular Shall irx:lude the plural, and the plural shall include the singular, as the Context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such forms in the Uniform Commercial Code: Borrower. The word "Borrower" means DBL, a Pennsylvania Limited Partnership and Includes elf co-signers and Co-makers signing the Note. Guarantor. The word "Guarantor' means each and every Person Or entity signing this Guaranty, including without Iimitedon Spankey's Auto Salon. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, Including without IimitaUon a guar~nry of all or part of the Notc. Indebtedness. The word "lndebt°dness" rt-eans Borrower's indobtBdne•.,s to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means PENNSYLVANIA STATE BANK, Its successors and assigns. 00 from Borrower to Note. The word "Note" means the promissory note dated October 2, 2003, In the original principal amount of $300,000• romissory note or Lender, together whh all renewals of, extensions of, modlflcations of, refinancing, of, consolidations of, and substitutions for the p agreement. Related Dowment5. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmentAl agrt'ementS, guaranties, secur(ry agreements, mortgages. deeds of trust, security deeds, Collateral mortgages, and all other instrurnerrts, agrooments end documents, whether now or hereafter eXisting, executed in connectbn with the.lndebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR 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 D(PENOED OR ADVANCED BY LENDER RELATING TO ANY COLLATf_RAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUfT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUE INTEREST FOR COLLECTION, f3UT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (~` 0) ON WHICH JUDGMENT OR JUDGMEN7a ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND 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 GUARA~VT~OR SHALL NOT BE EXHAUSTED BY ANY D(ERCISE .OF •THAT,A{JTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS OUE UNDER THIS GUA•RAPI.TY. t:,IlAR/1f~TOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION•.WI~'H•~ANY SUGti CQNFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESf:NTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. , , '. •, ,;~: •, ° ' •!_ACM UNDERSIGNED GUARANTOR ACK~IOVVLEDGES• HAVJN,~i• READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO TrS TEAMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT 7HIS~GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARAN'f Y TO LENDER ANA THAT THE GUARANTY WILL CONTINUE UNl'1L TERMINATE~~ IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTNE. THIS GUARANTY IS DATED OCTOBER 2, 2003. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SMALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. . GUARANTOR: SPANKEY'S AUTO SALES .... . ......:.. .........::... . . By, , .:.. ..... .. ....:...:...:... .... •• eal~ fB. ~~J90n'~' MAY-24-2007 11:22 COMMERCIAL LOAN DOCUMENTA 7177354764 P.017 COMMERCIAL GUARANTY page 4 Loan No: 64000896 (Continued) TRUST ACKNOWLEDGMENT COMMONWE{~1.TH•~F FENNSY VANIA ~ fl } SS COUNTY OF \ r i •~ _, 20 ~, before me ~ ~ ~' S ~ .• da of On this, the p~ undo ign otary Publ'a, pa'sonally appeared D Wald B. Leggett, of Span cy's Auto Salos, who acknowledged himselt or herself to be th9 of Spankey's Auto Sales, of a tNSt, a that he of she AS Such _,,,_ of Spankey's Auto Sile6. being authorized to do so, e f by slgning the name of the trust by hlm.^,olf a herself ss In witness whereof, I hereunto Set my hand and ottktal goal. foregoing instrument for the purposes therorn contarnod ~Y ~ ~~~Q~~B~CPlal~~ N tary Public in IG~rtv~srl Expyea Mey 10, ~Oi07 the State of -- .. ~ :-~~-~J= -- ~uoai vin trry, r..'_ •• ^s ^~ ca,.. wN.rr /ti.r.1M Lw11w. xsi. ~~. SOW. M Ny,l~ Mww.~L ~ r~ wawEN~nncnunarm.w rn.sr. rrticw..~e { Fie- Pr~g[dms IrquitySaeens Note Inquiry Basic Node Daia _. 3, ,- _r+ ~ ,aRr ._., . NexC~Dsplay Ma~ntai~e Fiel ..,m...~~...__ __z , - Notenumb~r 641300836-00 &_ Ftl Shortnnme ~ 08!_ T •, MEMO ACT(VE M Customer Data " _ ~ : ~ - ~ ~~>~ ~ :'~ Balance Data OR A PEWt~aYLb'ftNIfl UNITED PRPTNER~IIP Note amount ~~~•~ 7i3L E LOCUST ST° Principal balance ' `213,H52.48 MECHfIr1IC.S8lk~' Pft 17955 Interest balance 146.13 . PjO 5-25-87 213,9~.6L ... .. ' A,rail for dish .08 Contaci/Tde Interest Data Tax ID 25.18~1~5 Int rate b, 1508 Home phone 88-098,-8900 Dnilyintfador ~ ~~~i,533132 Business phone _ i~B-El8f1-~J008 ~~ InterestpaidYTD 6,296.29 O#ticer ~~ ,. ~ - t~xC Payment Data Dates 7 Next due date 6-85rF} Note date 19-82-03 NeYtpmtamount " 3,368:'8 Lssirenev~d - Total past-duo nmt 00 Maturity date 95-13 18 t~stactiya 5-21.87 ---Sdd Data n Last paid insteJlment 5-85-07 Percentage sold ~ .11908 Interest paid-to date 5-21-07 Total sold .~ 5/25/2097m~ 4PF9EV003f ~LMBROOME 13546) I~ 59-0795-1' I -^! 9:07 Z1 PM VERIFICATION I, DAVID W. PREVOST, Vice-PresidendSpecial 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. PENNSYLVANIA STATE BANK, Division of BLC B K, N.A. ~~ David W. Prevost Vice-PresidendSpecial Assets Officer Dated: ~ n~ ~7 ~ t ~~~ Ct'T ~~ ~ a ~,~. U?~'= -~ r:.: ~ ` ! . O r C. !~+ ~, ` , ~Q i_'% ~ ~~ ~ ~~ q~ ~ -4 ~, ~ ~% N S W Q u '~1 ~~ :p ~' ~~ J -~ a ~i ~~ J ~'' PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O'r- .3.2~~1 LLv~~,~~jL, SPANKEY'S AUTO SALES, INC. :CIVIL DIVISION -LAW trading and doing business as SPANKEY' S AUTO SALES 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••••••• The above certification is made subject to the penalties of 18 P . 04 relatin unsworn falsification to authorities. Dated: May 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 ~ r.~ ° ° O -~ ~' Z,.~.z' ~,,_. '^~ tz7r ~~ W ~ ~:. ~.~ O ~ --~ -r ?~ C ~ m ~ C- c..a ~ PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. SPANKEY'S AUTO SALES, INC. trading and doing business as SPANKEY' S AUTO SALES 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. t/d/b/a SPANKEY'S AUTO SALES, 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 Sheriff may take your money or other property to pay the Judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the Judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 ('A ~^r N C C~ ~ v ~ !'- O CJ ~~~ ~ G 4 ~3t "'~ PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. SPANKEY' S AUTO SALES, INC. trading and doing business as SPANKEY'S AUTO SALES Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O'7 - 3 2~ ~l ~t ~ c.L ~~--''~''t CIVIL DIVISION -LAW CONFESSED JUDGMENT TO: SPANKEY'S AUTO SALES, INC. t/d/b/a SPANKEY'S AUTO SALES, Defendant You are hereby notified that on _~~, , 2007, Judgment by confession was entered against you in the sum of $235,398.47 in .he above-captioned case. DATE: 2007 ro 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 17055 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. trading and doing business as SPANKEY'S AUTO SALES Defendants N0.2007-3224 CIVIL ACTION -LAW PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, on May 30, 2007, Judgment was entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of Cumberland County at No. 2007-3224; 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. F lid. - a-F~~.~, p~ ~-{~9_ I~rG~ona~ ~~ k~~ S~ a8 a~~~~~ ~ ~,~ IN WITNESS WHEREOF, the Undersigned executed this Partial Release this /9 day of October, 201.0. PNC BANK, NATIONAL ASSOCIATION BY~ 1~1 c - 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: 0 ~3~adi~ w EXHIBIT "A" Tract No. 1 The property known. as 607 East Locust Street, Lots 36 through 41, identified as Tax Parcel Nos. 10-23-0563-010 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 31C, page 507. Tract No. 3 The property known as 601, 602, ?O1 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.