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HomeMy WebLinkAbout07-3226Robert 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 Plaintiff v. :CUMBERLAND COUNTY, PENNSYLVANIA No. ~'1- 3 22L ~ tu~~L~~C1+'~ 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 .............................. $ 100,000.00 Interest Amount Due @ 6.250% p/a .................... $ 920.84 Attorney Collection Fees ............................ $ 10,092.08 TOTAL ................................... .. $ 111,012.92 Judgment entered as above. Robert D. Kodak, Esquire Attorney for Defendant Prothonotary MA.Y-24-2007 11:01 COMMERCIAL LOAN DOCUMENTA 7177354764 P.007 COMMERCIAL GUARANTY ..__.... .._.. ... ~• :: ...w. _ ..~~`.".= M::~~ati~.:: :~::>t>tr• .:,a:.:~x::. • s1tT.~~:w - .~~:•x~: - _..._~''.: ~:~. ....._ _M. References in the shaded ar6a are for Lender's use only and do not limit the appplicabillry of this document to any particular loan or item. Anv Item above Contalning "'-"'•has bean omitted due to text length Ilmltatlons. Borrower: Spankey's Auto Shcra. Inc. (TIN: 21-5105011) Lender: PENNSYLVANIA STATE BANK 701 E Locust Street West Hanover Financial Center Mechanicsburg, DA 17055 7000 Jonestown Road Harrisburg, PA 17112.9634 (7f ~ 920.9900 Gelarantor: DBL, a Pennsylvania Limited Aartnershlp (TIN: 25-1848185) 701 E Locust Street Mechanicsburg, PA 17055 AMOUNT OF GUARANTY. This is a guaranty of payment of the Note, including without limitation the principal Note amount of One Hundred Thousand &00/100 Dollars (Sf00,D00.00). • GUARANTY. For good and valuable cotulderatlon, DBL, a Dennsylvanla Llmltod Dartnershlp ("Guarantor") absolutely and uncondltlonalhr guarantees and promises to pay to PENNSYLVANIA STATE BANK ("Lender") or its order, on demand.•In legal tender of the United States of America, the tndebtedrtess (as that term Is defined below) of Spankey's Auto Sales, Inc. ("Borrower') to Lender on the terms and conditlons set forth In this Guaranty. MAXIMUM LIABILITY, The maximum liab0iry of Guarantor under this Guaranty shall not exceed ai any one 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 couaterat securlnp this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently bads one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lenders rights under atl guaranties shall be cumulative. This Qusrartty shall rat (unless specifically provided below to the contrary) affect or invslidato any such other guaranties. Guarantor's I"iabliry wall be Quararttors aggregate liability under the forms of this Guaranty and any such other unterm(nated guaranties. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Gtaaranry includes the Note, including (a) all principal, (b) ail Interest, (C) all Ipte Charges, (d) ap• loan fees and loan charges, and (e) all collection costs and expenses relating to the Note or to arty collateral for the Note. Cdtection costs and expenses include without limitation all of Landers attorneys' fees. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the neeesslry of any accegtprtce by Lender, or any notice to Guarantor or to Borrower,.and will COnttnue in lull force until all Indebtedness Shall have been fully and finally paid and 6atiSFled and all of Guarantors other obligatkxts under this Guaranty shall have been performed In full. Release of any other guarantor or termination of any other guaranty of the Indebtedness Shall not affect the liability o} Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall rat pNect thg liability of any remaining Guarantors under Otis Guaranty. This Duaronty covers a revolving Ilne of credit and it is specifically anticipated that tluCtuatlons will occur in the aggregate amount of Indebtedness owing from Borrower to Lender. Guarantor speclflcally aclatowkdgea entl agrees that fluctuations in the amount of Indebtedness, even to :ere dollars (S 0.00), shall not eonatlrirte a torminatbn of this Guaranty. Guarantor's liability under this Guaranty shall terminate only upon (A) terrnlnation In writing ~by Borrower and Lender of ttte Ilne o1 credit, (B) payment of the Indebtedness in full in legal tender, and (C) payment in full in legal tender of alt of Guarontor's other obligations under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER, Guarantor suthorLtes Lender, without notice or demand entl without lessening Guarantor's liability under this Guaranty, from time to time: (A) to make one or more additional aecuretl or unsecured loans to Borrower, to lease equipment or oth®r goods to Borrower, or otherwise tp extend addhlortal creak to Borrower; (t3) to alter, compromise, renew, extend, accelerate, 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 decreases of the rate of Interest on the indebtedness; extensions may be repeated and may be for longer than the original loan form; (C) to take and had seourlty for the peyment•of this Guaranty or the Indabtedrtoss, srtd exchange, enforce, waive, subordinate, fall or deckle not to parfecf, and release any such security, with or witltout the subsUtutlon of new collateral; (D) to release, Substitute, agree not to Sue, or Beat with pny One or more of Borrowers sureties, endorsers, or other guaraMOrS on arty terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall~be made on the Indobi©dnoss (F~ to apply such security and direct the order Or manner of sale thereof, Including without limitation, any nonjudklal sale pemtltted by the terms of the controlling security agreement or deed of trust, es Lender in its discretion may determine; (G) to soil, trartvfer, assign or grant participations in ell or any part Of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part GUAAANTOR'S REPRESENTATIONS ANO WApRANl'IES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would Limit or quality in any way the forms of this Guaranty; (B) this Guaranty is 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 provlslons of this Guaranty do not conflict with or resuR in a default under any agrsernent or other Instrument binding upon Guarantor and do not result In d vitiation of arty Isw, regulation, court decree or order applicable to Guarantor; (~ Guarantor has not and will not, wlthput the prior wrlttAn Consent Of Louder, sell, loess, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substanti6lty aA of Guarantors assets, or any interest therein; (F) upon LendAr's request, Guarantor will provide to Lender financial and credit infomtation in form acceptable to Condor, and all such financial information which currently has boon, and all future financial Information whbh will be 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 Guarantors financial condition since the date of the most recent financial statements provided to Lender and no event has occurred whlh may materially adversely affect Guarantors financial condltbn; (H) no lltlgdtlon, Ctalm, Investlgatbn, administrative procee3ding or Slmlldr action (including those for unpaid taxes) against Guarantor is pending or threatened; (f) Lander has made no representation to Guarantor as to the creditworthiness of Borrower, end (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial Condition. Guarantor agrees to keep adequately informed from such moans of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty her a tees that Lender shall have no obllgatlon to disclose to Guarantor any Information or documents acquired by Lender in t .. Borrower. GUARANTOR'S WAIVERS. Fxcopt as prohibited by applicable ~ to require Lender (A) to continue lending money or to extend other credit to borrower; (E) to make any presentme any kind, including notice of any nonpayment of the lndebttadrte55 or of any nonpayment related to any collateral, or on the part of Borrower, Lender, any surety, endorser, or other guarantor in connec8on with the Indebtedness or in co w or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, i :~ guarantor, (D) to proceed directly against or exhaust any Collateral held by Lender from Borrower, any other gusranto , ive notice of the form ;, time, and place of any public or MAY-24-2007 11:01 COMMERCIAL LOAN DOCUMENTA COMMERCIAL GUARANTY Loan No: 5600192-01 (Continued) 7177354764 P.008 Page private sale of personal property security held by Lcndor from Borrower or to comply with eny other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lenders power; or (G) to commh any Act or omission of any kind, or at any limo, with respect to any matter whatsoever. In addition to the waivers set forth heroin, if now or hereafter eorrowor Is or shall tx~como Insolvent and the Indebtedness shall not at all limos undl paid be fully secured by collateral pledged by Borrower, Guarantor horeby forever waives and glues up in favor of Lender and Borrower, end Lenders and Borrowers respective successors, any claim or right to payment Guarantor may now have or horeaher have or acqulre against Borrower, try eubrogstton or otherwise, so that at no dme shall Guarantor be or become a "creditor' of 8orrowor within the moaning of 11 U.S.C. sectbn 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses, arising by reason of (k) any "one action' or 'anti-deficioney' law or any other law which may prevent Lender from bringing eny sction,.including aclaim for defrcioncy, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (e) any election of remedies by Lender which destroys or otherwise adversely affects Guarantors subrogation rights or Guarantors rights to proceed against Borrower for ralmbursemont, Including without Ilmhation, any loss of rights Guarantor. may sulfer by reason of any law limiting, qualirying, or discharging the Indebtedness; (C) any tlisabiliry or other defense of Borrower, of any outer guarantor, or of arty other person, or by reason of the cessation of Borrower's Ilabil'iry from any cause whatsoever, other than payment in full in legal tender, of the Indcbtodness; (D) eny right to claim discharge of the Indebtedness on the basis of unjustffied Impairment of any Collateral for the Indebtedness; (E) any statute Of limitations, if at any time any action or suit brought by lender against Guarantor is commenced, there IS outstanding Indebtedness of Borrower to Condor whk:h IS not barred by any applicable statute of limitations; or (F) any defenses gNen to guarantor9 at law or in equhy other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarity or otherwise, or by any third parry, on the Indebtedness and thereaher Lender Is forced to remit the amount of the[ payment to eorrower'S trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the IndebtodneSS bhall l7o considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor funkier waives and agrees not to asseR or claim at any dme any deductions to the amount guaranteed under thig Guaranty for any claim col Setoff, counterclaim, counter demand, recoupment or similar right, whether such elalm, demand or right may be asserted by the Borrower, dte Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above Is made with Guarantors full knowledge of ire significance and consequences end that, under the circurrtvtances, the waivers are reasonable And not contrary to publ~ policy or Isw. If any such waiver is determined to be COntrery to any applicable law or public policy, such waiver shall be effective only t0 the extent permitted by law or public porky. SUBORDINATION OF BORROWER'S DEBTS 70 GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shah be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes Insolvent, Guarantor horeby expressly subordlnatas any Gaim Guarantor msy have' against Borrower, upon any account whatsoever, w any Claim that Lender may now or hereaker have against 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 vduntary Ilquidation, or otherwise, the assets of•8orrower applicable to the payment of life claims of botl- lender and Guarantor shall bo paid ro Lender and shall be first applied by Lender to the Inc}ebtednoss of Borrower to Lender. Guarantor does hereby assign to Lander all Claims whk:h It may have or acqulre against Borrower or against any assignee or trustee !n bankruptcy of Borrower, provided however, that such assignment shalt be effective only for the purpose of assuring to Lentler full payment in fugal fonder Of the Indebtedness. ff Lender so requeStB, arty notes or credh agreements now or hereafter evidencing any debts or obligations of Borrower tp Guarantor shall be marked with a legend that the same are suf~fect to this Guaranty and shalt be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from dme to time to nle financing statements and continuation statements and to execute documents and to take such other actions as Lender dooms necessary or appropriate to perfect. preserve and enforce Its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The tdlowing nvscetlaneouS provisions are a part Of this Guaranty; Amendments. This Guaranty, together with any Related Documents, constitutes the entire understttnding and agreement Of the perdue as to the matters set forth in th(s Guaranty. No alteration 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 Lenders costs and expenses, including~Lenders attorneys' lees and Lenders legal expenses, Incurred in corxx:ctlon with the enforcement of this Guaranty. Lender may hire or pay sorrwone else to help enforce this Guarsnry, and Guarantor shall pay Ute cos>v and expenses of such enforcement Costs and expenses InGude Lender's 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 automede stay or injuncdan), appeals, and eny andefpated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the coon. Caption Headings. Caplan headings in this Guaranty Are for convenience purposes only and are not to be used to Interpret or define ~ provlslons of this Guaranty. Governing Lave, Thls Guaranty wilt be governed by, Construed and enforced In aceordanee with federal law and the laws Of the Commonwealth of Pennsylvania, This Guaranty has been accepted by Lender in the Cofimonwoalth of Pennsylvania. Integration. Guarantor further agroEU that Guarantor has road And Cully understands the terms of this Guaranty; Guarantor kiss had the opportunity to be advised by Guarantors attorney with respect to this Guaranty; the Guaranty fully reflects Guarantors Intentions and perol evidence IS not required to interpret the tem>s of this Guaranty. Guarantor hereby indomnlfles and holds Lender harmless from ell louses, Claims, damages, and costs (tneluding Lenders attorneys' fees) suffered or Incurred by Louder as a result of any breach by Guarantor of the werrttntles, 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 tx: deemed to have been used in the glutei where the context and construction so require; and where there is more than ono Borrower named In this Guaranty or when this Guaranty IS executed by more than one Guarantor, the words "Borrower" and 'Guarantor" respoctlvely shall morn dll end any one or more of thorn. The woods "Guarantor," "Borrower.' and "Lender" include the heirs, successors, assigns, and transferes.^, of each of them. If a court finds that any provision of this Guaranty is not valid or should not bo enforced, that fact• by itself w111 not mean that the rest of this Guaranty will not be valid Or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty oven if a provision of this Gua-anry may be found to be irnalld or unenforceable. If any one or more of Borrower or Guarantor are corporadonS, partrtershlps, limited liability companies, or similar entidos, It Is not necessary for Lender to inquire Into the powers of Borrower or Guaatntor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the fNOfessed axorc(se of auto powers shall ha guaranteed under this Guaranty, Notices. Unless otherwise provided by a; tble law, eny notice required to be gluon under this ;arty shall ba given in writing, and shall be effective when actually delivered, when acu~!illy recervcd by telafacsimile (unless otherwise required b law ,whop d y ) aposited with a nationally rAralnni~pr/ n,in rnlnht MirriPr nr it mAiltvl wMGn MGMq~twl in rho 1 Inhnii Gehae ...e0 ec !I"cr .dace ~....ai.w .................... .....:. ...,,,,.,,,,,, ,,,,,~_;~ MAY-24-2007 11:01 COMMERCIAL LOAN DOCUMENTA 7177354764 P.009 COMMERCIAL GUARANTY - Loar., No: x600192-01 (Continued) Page 3 directed to the addresses Shown near the beginning of this Guaranty. Any party may Change its address for notices under this Guaranty by giving formal written notlce to the other parties, specifying that the purpove of the notice is ro change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's Current address. Unless otherwise provided by applicable law, if there is more than one Gusrantor,'any notlce given by Lender to any Guarantor is det:rned to bo notice pNen to all Guarantors. No Waiver by Lender. Lender shall not bo deemed ro have walv6d any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omissbn on the part of Lender in exercising sny right shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Guararny shall not prejudice or constitute a waiver Of lender'8 right otherwise to demand strict eompllanCe with that provision or any Other provision of this Guaranty. No prkx waiver by Lender, nor any course of dealing between Londor and Guarantor, shall Consthute a waiver of any of Lenders rights or Of any of Guarantor's obligations as ro any future transactions. Whenever the consent of lender is required under this Guaranty, the granting of such consent by Lsndor In any Instance shall not eonstrtute condnuing consent to subsequent instances where such consent is required and in all cases such conS9nt may be granted or withheld in the sde discretion of Louder. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor. and upon Guarantor's heirs, personal roprosentatives, successors, and assigns, and shah be enforceable by Lender and ite successors and assigns. FlNgNC1AL S'TAT'EMENTS. Fumish Lender with, as soon as available, but in no event later than one hundred twenty (120) days after the end of each f9Cal year, Guarantors personal financial ststotnent and federal Income tax return. All nnancial reports required to be provided under this Agreement shall be prepared in accordance with generally aeeepted accounting principles, applied on consistent basis, and certified by Guarantor es being true and Correct. DEFAULT INTEREST RATE. In the event of default for which Lander does not accelerate the Loan, including the failure of Borrower to provldg the financial statements as required hereunder or under the Loan Agrotxnont, the applicable interest rate on the Loan, }or u periotl beginning three (3) days aher written notice of such default and entling upon the curing of said noticed default, shall Increase one quarter of one pereeM (.2596) for the first thirty (30) days of said default and InCr9aSe an additional one quarter of one percent (.25°.6) during each thirty (30) day period thereafter during which the noticed default continues, ro d maximum ceiling rate of eighteen percent (18°~). Such default interest rate shall apply to the outstanding principal balance of the Loan. Upon the curing of the noticed default, the Interest rate on the Loan shall revert to the initisly agreed-upon interest rata effective on the date on which default is cured. DEFINITIONS. The following Capltel¢ed words and forms shati have the following meanings when used in this Guaranty. Unless specificaly stated ro the convary, all references to dollar amounts shall mean amounts in lawful money of the United Status of America. Words and terms used in thA singular shall include the plural, and the plural shall Include the singular, as the context may require- Words and terms not oth®rwlse defined in this Guaranty ehall have the meanings attributed tp Such terms in the Uniform Commercial Code: Borrower. Tho word "Borrower" means Spankey's Auto Sales, Inc, and Includes all co•Slgnsrs and Co-makers Signing the Note, Guarantor. The word "Guarantor' means each and every person or entity signing tllis Guaranty, including wittwut limitation DBL, a Pennsylvania Limltt~d Partnership. Guaranty. The word "Guaranty' means the guaranty from Guarantor ro Lender, including without limitation s guaranty~of all or pan of the Note. Indebtednes9. The word "Indebtedness' means Borrower's indebtedness to Lender as more paNcularly deSCllbed In this Guaranty. Lender. Tho word 'Lender' means PENNSYLVANIA STATE BANK, Its Successors and assigns, Note. The worts "Note" means the promissory note dated July 16, 2004, In the original principal amount of S100,000.00 from t3orrowor to Lender, together with all renewals of, extensions of, modNications of, refinancings of, consdklatlor-s of, and subsdtudons for the promissory note or agreement. Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, Loan agreements, onvlronmental agreements, guaranties, Security agreements, rnortgagos, deeds of trust, Security deeds, cdlateraJ mortgages, and all other Instruments, agreements and documents, whether now or horoahor existing, executed in Connection with the Indebtedness, 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 AFTt:R THE AMOUNTS HEREUNDER BECOMI: 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, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10~e) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY t~/ENT NOT LESS THAN FIVE HUNDRED DOLLARS ($$00) ON wHlCti JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE~IMMEDIATELY; AND FOR SO DOING; THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFlED BY AFFIDAVIT SHALL BE SUFFIGIENT WARRANT. THE AUTHORITY GRANTED IN THIS GU/1R.4NTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT 8E EXHAUSTED 8Y ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO 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 TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATNE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. MAY-24-2007 11:01 COMMERCIAL LOAN DOCUMENTA COMMERCIAL GUARANTY Loan No: 5600792-01 (Continued) • 7177354764 P.O10 Page 4 EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ AlL THE PROVISIONS OF THIS GWARANTY AND AGREES TO ITS 1•ERMS. IN ADDITION. EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELNERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY 1MLL'CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE 8Y LENDER IS NECESSARY 70 MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JULY t6, 2006. THIS GUARANTY tS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: DBL, A PENNSYLVANIA LIMfTED PARTNERSHIP SPANKEY'S AUTO SALES, INC., General Part er of DBL, a Ponn6ylvania Limited Partnership ..,.~..,.. ~:.;:.~..., ~~..~~.~.v:~:.,;.~ . seal Dom ~ eggett, P ~ t of Spankey's Auto Sales, Ina uJpl •aD I,rA.~• My, •2t00.~1 Ga. nwlW R~JY 1"r"w, M. tan. AM. N IIW~ Pr•~ • M 41L.saw+MCT11R1C 4cc T14.,y"'~~ '~~ >=de;,; Programs ~„ingtxy5rxeerrs ~- ~~ -v ,a,~ ;'~' ~~ s __ Note Inquiry Next' oisplay I- 6~31C NU1+~ Q1~ ir}aintainabie Fieid Note number 560Bi9201- O8 G Bi ' Short name SPE~isEYS PlJTt7 9{ E y MEMO ACTIV<= ~~ _ _ ~tnn~er Daia € ~ ~ ", IHC ~ flllTO.Sft E5 - Balance Data 78i E LOCUST S7r~~F Note amDUnt 000.Q9. 180, C~Ct~1I Ptt I't~i5 Principal balance 188,080.00 tt Interest balance X0.84 PIO 5-25-t37 100,9211.84 , (± Atiad for dish . .08 Contar~JTit(e # ~ ---------------Interest Data ~ TaxlD 2I-51t~011 ~ 1 I Intrate P+ i:860A 9. ?500 - HomephonP BO- E~317.09bt1 ~ '_ Darcy intfactor P7,O83~ Business phone 71?- 737-7,77 } Lnterest paid 1'TD 3,271.08 :..Officer ~~ 27A7 } ; Pai~neta Next t Data motes Next due date 5-2i -OZ Note date. 7-16-BA Nett pmt amount' 8I2. ~3 last renewed Total past due amt 812.58 - Maturity date i = ~ last active 5-04-07 Sold Data Lautpaid instnllrnent 4-21-07 Percentage sold 0088 ~ Interest paid to date r A-16-07 - ~_ Total sold .00 .',- _..... 5~25,~QL' , QPAOEUOO3F Lfl8P00fIE ~ (3546) S0-0705-1 ~~~- t x;88:34 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. PENNSYLVANIA STATE BANK, Division of BLC BA , N.A. V, r~ David W. Prevost Vice-President/Special Assets Officer Dated: ot~ ~ 7 X~ ~ ~ - ~ ~ ~ ~.~ t'f'i ~ r ~ ee,, ~ ~_ tr?_ ` N ~ f `~ ' _~`- ~. J ~ ~ 1~v R!' ~ r c_ ~ ~ ~~ d -v ti N GA^s ~; ~~ b~ ,,--j r~ '~'{{~~ a ""^ _yt c~ ~~ PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ l 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. ••••••••••••••• The above certification is made subject to the penalties of 18 Pa. . §4 4 relating to unsworn falsification to authorities. f~ ~--., Dated: May 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 _N ~+r~' z' -c ~_.... .~- ~~= --i. ~ . ~' ~ tU --i 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 3 2~` ~ ~ / CIVIL DIVISION -LAW CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, General Partner, DEFENDANT A Judgment in the amount of $111,012.92 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 cro rr~t ~ r ~'' _ ~'°` ~ " z~~-~ '~-` ~~ w ~ ~ ~, :;~ ~~. a ~~ ~ ~~ ~ ~~ ~c rv w +. ~ ~ o PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. d7- 3220 ~t~~~, ''''L, DBL, a Pennsylvania Limited Partnership, :CIVIL DIVISION -LAW SPANKEY' S AUTO SALES, INC., General Partner Defendant CONFESSED JUDGMENT TO: DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, General Partner, Defendant You are hereby notified that on ~~.i ~~ , 2007, Judgment by confession was entered against you in the sum of $111,012.92 in the above-captioned case. DATE: ~,~/ ~ b 2007 2 Pro honotary `~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO INOT 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 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 CTVTT. T)TVTSION 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 N {:~ a r-7 -r N C7t x~- 0 N 0 z rn ~~ C7 ~, -+o ~-~ o-n ~n o~ ~7 ~~ r NO.2007-3226 ~~ ~~ ~ r-- C~ ~~ ~_ o D -=a 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. 2007-3226; 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. ~.od-~~:~~i c~ ~gs~.zv IN WITNESS WHEREOF, the Undersigned executed this Partial Release this 19 day of October, 2010. PNC BANK, NATIONAL ASSOCIATION Brett A. Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS.. On this, the ~9 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/~/~(dl~ 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 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 N0.2007-3226 e~ • ~ ..., ~ ca -n -~ ~, --s co ~ ~~. -~ ~ '~~ C6; ~ N ;~, C~ . ~~ ~-~ . ~' ~ Q -~-i 1"~"f ~. _; c~ ~„ -.~ °~ ~' 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~ 2007-3226; 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. ~8. oc, ~~C.. ~~~ ~- ~~D.2~ IN WITNESS WHEREOF, the Undersigned executed this Partial Release this /q day of October, 2010. PNC BANK, NATIONAL ASSOCIATION By: _ Brett A. Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lanca.o~~' 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:. ~ ~~la-oiZ- ~OIviMON1MEALTH OF PENNSYLVANIA Notarial Sea- j~~ Connie Bixler, Notary Public Manhelm Twp., Lancaster MY Commission ExPMes Jan. 3~ p 2 Member. Pennaylvan-a Aaaociatlon of Notaries 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.