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HomeMy WebLinkAbout07-3228Robert 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. *7 32.a C;lv?L DONALD B. LEGGETT and MELISSA M.LEGGETT Defendants CIVIL DIVISION - LAW : 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 Defendants 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 2 Attorney for Defendants Prothonotary 6-1 PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. DONALD B. LEGGETT and MELISSA : CIVIL DIVISION - LAW M. LEGGETT Defendants : 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, Donald B. Leggett, is an adult individual, who maintains an address at 150 East Lauer Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant, Melissa M. Leggett, is an adult individual, who maintains an address at 150 East Lauer Lane, Camp Hill, Cumberland County, Pennsylvania 17011. F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp leggett gty 3070107.wpd25May07 1 MA°Y-24-2007 11:02 COMMERCIAL LOAN DOCUMENTA 'COMMERCIAL GUARANTY 7177354764 P.011 Reterences in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or Item. Any item above containing -" has been omitted due to text length limitations. Borrower: Spankey's Auto Sales, Inc. (TIN: 21-5105011) Lender: PENNSYLVANIA STATE BANK 701 E. Locust Street West Hanover Financial Center Mechanicsburg, PA 17055 7040 Jonestown Road Harrisburg, PA 17112-3634 (717) 920-9900 Guarantor: Donald B. Leggett (SSN: 184-38-0418) 150 E. Lauer Lane Camp Hill, PA 17011 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 ($100,000,00). GUARANTY. For good and valuable consideration, Donald S. Leggett ("Guarantor") absolutely and unconditionally 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 Indebtedness (as that terns- Is defined below) of Spankey's Auto Sales, Inc. ("Borrower') to Lender on the terms and conditions sot forth In this Guaranty. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of tho 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 [Imitation 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 holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantors aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes the Note, including (a) all principal, (b) all Interest, (c) all late charges, (d) all loan fees and loan charges, and (e) all collection costs and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses Includo without limitation all of Lenders attomeys' fees. DURATION OF GUARANTY. This Guaranty will 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 full force until all Indebtedness shall havo been fully and finally paid and ; atisf ad and all of Guarantors other obligations 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 of Guarantor under this Guaranty. A revocation Lander receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. This Guaranty covers a revolving line of credit and,it is spealfleally anticipated that fluctuations will occur in the aggregate amount of Indebtedness owing from Borrower to Lender. Guarantor specifically acknowledges and agrees that fluctuations In the amount of Indebtedness, even to zero dollars (S 0.00), shall not constitute a termination of this Guaranty. Guarantor's liability under this Guaranty shall terminate only upon (A) termination In writing by Borrower and Lender of time Una of credit, (8) payment of the Indebtedness in full in legal tender, and (C) payment In full In legal tender of all of Guarantor's other obligations under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower, (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more tunes the time for payment or other terms of the indebtedness or any pan 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 term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or decide not to perfect, and rolease any such security, with or without the substitution of new collateral: (D) to release, substitute, agree not to sue, or deal with any one or more of Borrowers sureties, endorsers, or other guarantors on any 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 Indebtedness (F) to apply such security and direct the order or manner of sale thereof, including without limitation, arty rxxijudicial sale permitted by the terms of tho controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant partielpatlons In all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify In any way the terms of this Guaranty: (8) this Guaranty Is executed at Borrowers 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 instrument binding upon Guarantor and do not result In a violation of any law, regulation, court docroo or order applicable to Guarantor, (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantors assets, or any interest therein; (F) upon Lenders request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has boon, and all future financial Information which will be provided to Lender is and will be true and correct In all material respects And fairly present Guarantors financial condition as of the dates the financial information is provided; (G) no material adverse chango has occurred in Guarantors financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantors financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor ass to the creditworthiness of Borrower, and (J) Guarantor has established adequate moans of obtaining from Borrower on a continuing basis information regarding Borrowers 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, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents- acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, extend other credit to Borrower; (B) to make any presentment, prc Indebtedness or of any nonpayment related to any collateral, or notice or other guarantor in connection with the Indebtedness or in connect payment or to proceed directly or at once against any parson, Includi any collatoral held by Londor from Borrowor, any other guarantor, or a private sale of personal property security held by Lender from Borrov Code: (F) to pursue any other remedy within Lender's power; or (G wire Lender (A) to continuo lending money or to NEW- ind, including notice of any nonpayment of the e part of Borrower, Lender, any surety, endorser, tor. 0 loans or obligations; (C) to resort for rtes-, (O) to proceed directly against or exhaust tice of the terms, time, and place of any public or applicable provisions of the Uniform Commercial n of any kind, or at any time, with respect to any MA's-24-2007 11:02 COMMERCIAL LOAN DOCUMENTA 7177364764 P.012 COMMERCIAL GUARANTY Loan No: 5600192-01 . (Continued) Page 2 matter whatscever. In addition to the waivers sot forth herein, if now or hereafter Borrower is or shall become insolvent and the indebtedness shall not at all times until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever walves and gives up In favor of Lender and Borrower, and Lender's and Borrower's respective successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become a 'creditor' of Borrower within the meaning of 11 U.S.C. section 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 action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any action, Including a claim for doficlency, against Guarantor, before or after Lender's commencement or completion of any foroclosure, action, either judlaWly or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogatkxt lights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any dlsability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, othet than payment in full in legal tonder, 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 suit brought by Lender against Guarantor is commonced, there is outstanding Indebtedness of Borrower to Lender which Is not barred by any applicable statute of Ilmltatlons; or (F) any defenses given to guarantors at law or in equity other ftn actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third parry, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee In bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assort or claim at any time any daducdons to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recouprnwr or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAB/FA& 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 reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or publio 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 have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordlnates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter 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 voluntary liquidation, or othorwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lander and shall be first applied by Lander to the indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower, provided however, that such assignment shall be offoctive only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lander so requests, any notes or credit agreements now or hereaftor evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and Shall be delivered to Lendor. Guarantor agroos, and Lender is hereby authorized, in the name of Guarantor, from timo to time to fie financing statements and continuation statements and to execute documents and to take such other actions as Lander deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS, The'following miscellaneous provisions are a part of this Guaranty. Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters got forth in this Guaranty. No alteration of or amendment to this Guarantyshall be effoctlve unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Exponses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred In connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expanses of such enforcement. Costa and expenses include Lenders attorneys' foes and legal expenses whether or not there Is a lawsuit, including attomeys' fees and legal oxpanses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgmont collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings In this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty wild be governed by, construed and enforced in accordance with fodaral law and the laws of the Commonwealth of Pennsylvania. This Guaranty has been accepted by Lender In the Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advlsod by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantors intentions and parol evidence is not required to Interpret the terms of this Guaranty. Guarantor hereby indemnlfles and holds Lender harmless from 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 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 used in the plural where the context and construction so require; and whore there is more than one Borrower named In this Guaranty or when this Guaranty Is executed by more than one Guarantor, the words "Borrower" and "Guarantor' respectively shall mean all and any one or more of them. The words 'Guarantor,' "Borrower," and 'Lender' Include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by dued will 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 even If a provision of this Guaranty may, be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability 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 Indebtedness made or created in reliance upon the professod exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shalt be given in writing, and shall be effective when actually delivered, when P %Ily received by telofacsimile (unless otherwise regr' ' by law), when doposited with a nationally recognizod overnight courier, or, if mailer an deposited In the United States mail, as first c12; ordfled or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty, Any party may change its address for notices under this Guaranty by giving f^,IM ] ,.,A- ,,......n -- µ,n n,K^, -.:.w ?.. M:I..i..,. N..,. .1 --- -- .b., .....1..., 1. ._ -- .1 . - , MAY-24-2007 11:02 COMMERCIAL LOAN DOCUMENTA 717735:764 P.013 COMMERCIAL GUARANTY Loan No: 5600192-01 (Continued) Page 3 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 Guarantor, any notice given by Lender to any Guarantor Is doomed to be notice given to all Guarantors. No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by lender, No delay or omisslon on the part of Lender in exercising any right shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Guaranty shall not, prejudice or constitute a waiver of Lender's right otherwise. to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender Is roquirod under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent Instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Suooessors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantors heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. FINANCIAL STATEMENTS. Furnish Lender with, as soon as available, but In no event later than one hundred twenty (120) days after the end of each fiscal year, Guarantor's personal financial statement and federal income tax return. All financial reports required to be provided under this Agreement shall be prepared in accordance with generally accepted accounting principles, applied on consistent basis, and certified by Guarantor as being true and correct DEFAULT INTEREST RATE. In the avant of default for which Lender does not accelerate the Loan, including the failure of Borrower to provide ft financial statements as required hereunder or under the Loan Agreement, the 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, shall increase one quarter of one percent (.25%) for the first thirty (30) days of said default and increase an additional one quarter of one percent (.259'0) during each thirty (30) day period thereafter during which the noticed default continues, to a maximum calling rate of eighteen percent (180%). 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 initially agreed-upon interest rate effective on the date on which default is cured. . DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specffr-* stated to the contrary, all references to dollar amounts shall moan 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 defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Coda: Borrower. The word "Borrower" means Spankay's Auto Sales, Inc. and includes all co-Signers and co-makers signing the Note. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation Donald B. Leggett Guaranty. The word 'Guaranty" means the guaranty from Guarantor to Lender, including witnout limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means 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 word 'Note' means the promissory note dated July 16, 2004, In the original principal amount of 5700,000,00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments. agreements and documents, whether now or hereafter 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 AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS 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 GUARANTOR SHALL NOT BE EXHAUSTED BY 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 REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JULY 16, 2004. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: Don . Leggett WCA 000 lvM,q Vu 6.N as 001 aw M. m PI.,",W 7PMWr 1m. mr, M. N m,"A Aw . -A M.1LAVEHIVIACM.POMPC~TW PA.COMM 00 - ••_ •• • •- MAY-24-2007 11:00 COMMERCIAL LOAN DOCUMENTA 7177364764 P.004 tCOMMERCiAL GUARANTY . Pw ._ w::f M :%... _ x......._.. W w ...•.•«_._.Xv:.'7f.w..«.wlw: :X-..: m ..vww...vkw.rw.MVwww.w?-X•.r ••A.• ...,........._ ............ ...... .................. ...._...........?..«. ........__......yw?w......wr::' ..:7f:::Y.:?:m:.::: ::If:CIX::::::X:XS!: ?:::: C:4:::5'.'«..................-.............. ..•.. 1.?..... References in the shaded area are for Lender's use orgy and do not Ilmh the applicability of this document to any particular loan or item. ' Anv Item above contalninq -- has been omitted due to text length limitations. Borrower: Spankey's Auto Sates, Inc. (TIN: 21.5105011) Lender: PENNSYLVANIA STATE BANK 701 E. Locust Sweat West Hanover Financial Center Mechanicsburg, PA 17055 7040 Jonestown Road Harrisburg, PA 17112-3634 (717) 920-9900 Guarantor: Mallssa M. Leggett (SSN: 178-50.3614) 150 IE Lauer Lane Camp Hill, PA 17011 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 ($100,000.00). GUARANTY. For good and valuable consideration, Melissa M. Leggett ("Guarantor") absolutely and unconditionally guarantees and promises to pay to PENNSYLVANIA STATE BANK ("Lender") or Its ardor, on demand, in legal tender of the United States of America, the Indebtedness (as that term Is defined below) of Spankey's Auto Sales, Inc. ("Borrower") to Lender on the terms and conditions sat forth In this Guaranty. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at 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 collateral securing 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 holds one or more guaranties, or hereafter receives additional guararldes from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantors aggregate liability, under the terms of this Guaranty and any such other unterminated guaranties. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes the Note, Including (a) all principal, (b) all interest, (c) all late charges, (d) all loan fees and ban charges, and (o) all collection costs and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses include without limitation all of Lender's attorneys' fees. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continuo in full force until all Indebtedness shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any other guaranty of the Indebtedness shalt not affect the liability 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. This Guaranty covers a revolving line of credit and it is specifically anticipated that fluctuations will occur in the aggregate amount of indebtedness owing from Borrower to Lender. Guarantor specifically acknowledges and agrees that fluctuations in the amount of Indebtedness, even to zero dollars ($ 0.00), shall not constitute a termination of this Guaranty. Guarantor's liability under this Guaranty shall terminate only upon (A) termination in writing by Borrower and Lender of the line of credit, (B) payment of the Indebtedness in full in legal tender, and (C) payment In full In legal tender of all of Guarantor's other obligations under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower, (B) 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 pan 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 term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any such security, with or without the substltutlon of now collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsors, or other guarantors on any 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 Indebtedness (F) to apply such security and direct the order or manner of sate thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations In all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole Or in pact GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in anyway the terms of this Guaranty; (B) this Guaranty is executed at Borrowers 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 instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor, (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantors assets, or any Interest thereln: (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which 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 malarial adverse change has occurred in Guarantor's financial condition since the data of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's fnancial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpald taxes) against Guarantor is pending or threatened; (1) Lender has made no reprosentation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate moans of obtaining from Borrower on a continuing 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 effect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or document.; acquired by Lender in tit- - - wi c&•^'^j___W_ .& Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable to require Lender (A) to continue lending money or to extend other credit to Borrower. (B) to make any presentmen any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or n on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in co or additional bans or Obligations; (C) to ra;on for payment or to proceed directly or at once against any person, i uarantor: (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, a notico of the terms, time, and place of any public or prwate sale of personal property security held by Lender from other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any MAY-24-2007 11:00 COMMERCIAL LOAN DOCUMENTA COMMERCIAL GUARANTY Loan No: 5600192-01 (Continued) matter whatsoever. 7177354764 P.005 Page 2 In addition to tho waivers set forth heroin, if now or hereafter BorrowAr is or shall become insolvent and the indebtedness shall not at all times until paid be fully socured by collateral pledged by Borrower, Guarantor hereby forever waives and gives up in favor of Lender and Borrower, and Lender's and Borrower's respective successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become a "creditor" of Borrower within the meaning of 11 U.S.C. section 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 action" or "anti-doflclancy" 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 exorcise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantors subrogatlon rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any less of rights Guarantor may suffer by reason of any law limiting, qualifying, 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 cessadon of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified Impairment of any collateral 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 Lender which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law 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 patty, on the Indebtedness and thereafter Lender Is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar porson under any federal or state bankruptcy law or law for the relief of debtors, the (ndobtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assort or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of tho waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the clreumstancos, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to 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 have or hereafter acquire against Borrower, whether or not Borrower 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. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to lender and shall be first applled by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Sorrowor or against any assignee or trustee in bankruptcy of Borrower;. provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. It Lender so requests, any notes or credit agreements now or hereafter avklen6ng any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lander. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deams necessary or appropriate to portact, preserve and enforce its rights under this Guaranty. MISCELLANEOUS DROVIStONS. The following miscellaneous provisions are a part of.this Guaranty: Amondments. This Guaranty, together with any Related Documents, consthutes the entire understanding and agreement of the parties as to the matters set forth In this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in wrhbV and signed by the parry or parties sought to be charged or bound by the alteration or amendmonL Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, Incurred in connoction with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement Costs and expenses Include Lender's attorneys' fees and fool expenses whether or not there Is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceadings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgmont collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to Interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by, construed and enforced In accordance with federal law and the laws of the Commonwealth of Pennsylvania'. This Guaranty has been accepted by Lender In the Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty: Guarantor has had the opportunity to be advised by Guarantor's attomey with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to Interpret the terms of this Guaranty. Guarantor hereby indamniffes and holds Lender harmless from 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 where More is more than one Borrower or Guarantor, then all words used In this Guaranty in the singular shall be deemed to have boon used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty L. executed by more than one Guarantor, the words "Borrower' and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor,' *fttrower," and "Lander" include the heirs, successors, assigns, and transferees of each of them. It a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be Invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inqulra 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 indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notlem Unless otherwise provided by applicable law, any notico required to be given under this Guaranty shall be given in writing, and shall be effective when actually delivered, when e, *,fly received by telofacsimile (unless otherwise rogi.' n by law). when deposited with a nationally recognized overnight courier, or, if n-ailec on deposited in the United States mail, as first clai ;ertified or registered mail postage prepaid, directed to the addresses shown near the boginning of this Guaranty. Any party may change its acloress for notices under this Guaranty by giving formal writton notice to the other parties, sDecitvino thAt the DJrDeSA of the notina iC to r,haruw IhP nnrrv'.c Irletroac Cnr nnfirA nll nae MAY-24-2007 11:00 COMMERCIAL LOAN DOCUMENTA 7177364764 P.006 COMMERCIAL GUARANTY Loan No., 5600192-01 (Continued) Page 3 Guarantor agrees to keep Lender informed at all times of Guarantor's current addra-= Unless otherwise provided by applicable law, If thero Is more than one Guarantor, any notice given by Londer to any Guarantor is doomed to be notice given to all Guarantors. No Walvar by Lender. 'Lender shall not bo deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any futuro transactions. Whenever tho consent of Lender is required under this Guaranty, the granting of such consent by Lender In any Instance shall not constitute continuing consent to subsequent instances where such consent Is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its succossors and assigns. FINANCIAL STATEMENTS. Furnish Lender with, as soon as available, but In no event later than one hundred twenty (120) days after the end of each fiscal year, Guarantor's personal financial statement and federal Income tax return. All financial reports required to be provided under this Agreement shall be prepared in accordanco with generally accepted accounting principles, applied on consistent basis, and certified by Guarantor as 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 provide the financial statements as required hereunder or under the Loan Agreement, the applicable interest rate on the Loan, for a period beginning threo (3) days after written notice of such default and ending upon the curing of said noticed default, shall increase one quarter of one percent (.25%) for the first thirty (30) days of said default and Increase an additional one quartor of one percent (.25%) during each thirty (30) day period thereafter during which the noticed default continues, to a maximum ceiling rato of eighteen percent (181%). Such default interest rate shalt 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 initially agreed-upon interest rate effective on the date on which default is cured. . DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms usod In the singular shall Include 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 terms in the Uniform Commercial Code. Borrower. The word 'Borrower* means Spankey's Auto Sales, Inc. and Includes all co-signers mid co-makers signing the Note. Guarantor. The word "Guarantor' means each and every person or entity signing this Guaranty, Including without limitation Melissa M. Leggett. Guaranty. Tho word "Guaranty" means the guaranty from Guarantor to Lender, Including without limitation a guaranty of all or part of the Nato. Indebtedness. The word "Indebtedness" means 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 word "Note" moans the promissory note dated July 16, 2004, in the original principal amount of $100,000.00 from Borrower to Lender, together with all ronewals of, extensions of, modifications of, refinancings of, consolldstlons of, and substitutions for the promissory note or agreement. Related Documents. The words "Related Documents" mean all promissory notes, crodit agreements, loan- agreemonts, environmental agreements, guaranties, socurity agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter 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 AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (S500) ON WHICH JUDGMENT OR JUDGMENTS 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 GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, allT 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 REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE THIS GUARANTY IS DATED JULY 16, 2004. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: )(? ;(Seal) ssa . eggett ..r..-Lr _.?. _.r .. ... ..._...,..._..?._..... l/VIlN F"* L-%% VM. ].24LOA01 CW. li"W IINn(1,1 ]Y.,L/.. H. wY, 714i. N My,l/ Mw"n?l. . M Ik.YACtlMM.10rPL/llCmfC TMYf. i1COAOL0C MAY-24-2007 11:03 COMMERCIAL LOAN DOCUMENTA 7177354764 P.015 DISCLOS 3E FOR CONFESSION OF DGMENT References in the shaded area are for Lenders use only and do not limit the applicability of this document to any particular loan or item. Any item above contalning "'-'" has been omitted due 10 text length limitations. Borrower: Spankey's Auto Sales, Inc. (TIN: 21-5105011) Lender: PENNSYLVANIA STATE BANK 701 E. Locust Streot West Hanover FlnanClal Center Machanlesburg, PA 17055 7040 Jonestown Road Harrisburg, PA 17112.3634 (717) M9900 Atfiant: Donald B. Leggett (SSN: 18439-0418) 150 E. Lauer Lane Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING. THIS 1& 71 DAY OF , 20-9:!!f- A GUARANTY OF A PROMISSORY NOTE FO $ ?AV) .622 OBLIGATING ME TO REPAY THAT AMOU . A. 1 UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION TMAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDERS ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. AND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY. BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS. AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT. IN ANY MANNER PERMITTED BY APPUCA13LE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE INITIALS. 2051- C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, 1 REPRESENT THAT. INMAI S 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE.GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. 0. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS 510.000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT: ?!w INITIALS: ?:,?:..... B. I FURTHER UND ST TW-= M4 0mbg= TOTAL P.015 MAY-24-2007 11:03 COMMERCIAL LOAN DOCUMENTA 7177354764 P.014 DISCLOS' ?E FOR CONFESSION OF 'DGMENT References in the shadod area are for Lender's Anv Item above co Borrower: Spankey's Auto Sales, Inc. (TIN: 21.5105011) 701 E. Locust Street Mechanicsburg, PA 17055 Afflant: Melissa M. Leggett (SSN: 178503614) 150 E. Lauer Lane Camp Hill, PA 17011 Lender: PENNSYLVANIA STATE BANK West Hanover Financial Center 7040 Jonestown Road Harrisburg, PA 171125634 (717) 920.9900 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS 4 4LL4 DAY OF Z , 20¢?4, A GUARANTY OF A PROMISSORY NOTE FO S p?Oh OBLIGATING ME TO REPAY THAT A OUIN NY. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT. AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERI AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: I s_ B. 1• FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING 'ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS. TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS. AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE r INITIALS: s :. a... :::..: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT. INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000: THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS -DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. Melissa M. Leggett and do not I1mit the applicability of this doCUment to any particular ban or item. AFFIANT: "'" has been omitted due to text length limitations. sit ? d7 : ?.rote Inquiry text Displag 7 asic Not` Data MaintainableField, Note number, . 560619261 - 00 _ G 01 Shoitnufne , SPRfEYS RUTO SME MEMQAGTNE Customer Data # 7MW6 WTO'M-ES INC ---Balance Data X61 E LOCUST 5TflEET [Nola amount 180,00(i.t?6 (1I[SBIiG i'fi I75 Principal balance SOQ,080.08. 1werest balance 920.84 P/0 5-25-07 100,920 84'?i Avail for dish DA Contaci(i itfe Interest Data ? ? Tax ID 21-51011 1 P* 1.0009 Int r ate 9.7 , Home phone 88= 090 E1608 , DaiA/ int factor ? Business phone 7v 737-7777 ° i _Interest peed YTD 3,277,08 Officer . 1 -27x7 ? Next Payment Data Dates Next due date 5 21 07 ? Note r??ste 7-16-137 Neat pmt amount 512.54 Lastrenewed Total past due dmt 812:50' Maturity ,d date ate Last active 5-04-07 Sold Data ' ? Last paid installment 4-21-07 Percentage sold ,0900 - Interest paid-to date 4-16-07 Total sold _. 09 S,t25J21Jt77? : QPROEV083F LMBROOME? 135461 50-0705-1 "- - -- -4'u3 34 F9A 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 BANK, N.A. & A. 4i tv, David W. Prevost Vice-President/Special Assets Officer Dated:-5--a5-/0 7 C7 Cz w ? V r N c-s d S:? w 7rl {jrn PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA M.LEGGETT Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 67- : CIVIL DIVISION - LAW : 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 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 Pa. C.S §4904 relating to unsworn falsification to authorities. 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 0 a; -o C K' C n _TJ CL' n ? C=) 4 CD m (D. un C7 PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA M. LEGGETT Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o? - CIVIL DIVISION - LAW : CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: DONALD B. LEGGETT, 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 rv Z' ' X - f n Y' ; c,a .µ o N r-n PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA M. LEGGETT Defendants TO: DONALD B. LEGGETT, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-7- 3 .?.2p l.?C?t(, l ye . 1. : CIVIL DIVISION - LAW CONFESSED JUDGMENT You are hereby notified that on 9!2 v - ?6 , 2007, Judgment by confession was entered against you in the sum of $111,012.92 in the above-capt' ned case. DATE: Mt2 d 2007 ro onotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU O 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: 150 EAST LAUER LANE CAMP HILL PA 17011 RobefrD. Kodak, Attorney for Plaintiff CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA M.LEGGETT Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6?- CIVIL DIVISION - LAW CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: MELISSA M. LEGGETT, 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 o 2 13 C 3 ?c : fy( ml ? ? ? PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA M.LEGGETT Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 67- 3.??do 0.zC7-e-ki : CIVIL DIVISION - LAW CONFESSED JUDGMENT TO: MELISSA M. LEGGETT, Defendant You are hereby notified that on , 2007, Judgment by confession was entered against you in the sum of $111,012.92 in the above-captioned case. A DATE: 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: 150 EAST LAUER LANE CAMP HILL PA 17011 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. DONALD B. LEGGETT and MELISSA M., LEGGETT NO. 2007-3228 -S Defendants CIVIL ACTION - LAW o c PARTIAL RELEASE OF JUDGMENT LIEN I 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. 2007-3228; and WHEREAS, Defendants own an interest in that certain real property known as 1115 County Club Road, East Pennsboro 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. +11P,00 PD PLFF el0 Wa 6 001-6x6 v t. IN WITNESS WHEREOF, the Undersigned executed this Partial Release this ?Aday of February, 2010. PNC BANK, NATIONAL ASSOCIATION By: Brett A. Bertoli Assistant Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS.: On this, the 9? day of February, 2010, before me, the undersigned officer, personally appeared Brett A. Bertoli, who acknowledged himself to be the Assistant 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. Conr Bs er P j5fir Mnnhz mp Lai meter t r nt4y My 31, 21,112 .. _ . Notary P ublic My Commission Expires: 0000/ EXHIBIT "A" The property known as 1115 Country Club Road, identified as Tax Parcel No. 09-16-1054-125, located in East Pennsboro Township, Cumberland County, Pennsylvania. BEING THE SAME PREMISES which were granted and conveyed to Donald B. Leggett, Mortgagor herein, by Deed dated November 30, 2004, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, on December 6, 2004, in Record Book 266, page 2902. 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. DONALD B. LEGGETT and MELISSA M. LEGGETT, Defendants NO. 2007-3228 v c `.. o 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. 2007-3228; and WHEREAS, Defendants own an interest in that certain real property known as 150 East Lauer Lane, East 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. 0. oo P Q ATTY C1t 83573 2lt ag7q3G IN WITNESS WHEREOF, the Undersigned executed this Partial Release this _ /9 day of August, 2010. PNC BANK, NATIONAL ASSOCIATION By: Brett A. Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?? ?C?S:''?' SS.: On this, the )°/ day of August, 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. r Notary Public My Commission Expires: 0113/1aa l? O1VMONWEALfri Oi` PENNSYLVANIA - - Notaaial Seal t Connie Bixier, Notary Public Manheim Twp., Lancaster County My Commission Expires Jan. 31, 2012 p Member, Pennsylvania Association of Notaries EXHIBIT "A" ALL THAT CERTAIN lot or tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of East Lauer Lane at the dividing line between Lots Nos. 106 and 107 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing Line North 64 degrees 1 minute West 167.36 feet to a point; thence along other land now or late of Kurvin W. Lauer and Eva S. Lauer, his wife, North 14 degrees 35 minutes West 56.60 feet to a point; thence along other land now or late of Lauer, North 70 degrees 20 minutes East 150 feet to East Lauer Lane; thence along the western line of East Lauer Lane South 19 degrees 40 minutes East 110.82 feet to a point; thence continuing along the same in a southwesterly direction on a curve to the right having a radius of 75 feet, an ac distance of 79.15 feet to the place of BEGINNING. BEING Lots No. 106, Plan of Section 4, Point Ridge farms, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 15, Page 38. Tax Parcel No. 10-19-1598-033.