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HomeMy WebLinkAbout07-3230Robert 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. 6'7-3Z.6 lSPANKEY' S AUTO SALES, a Pennsyl- vania Business Trust, DONALD B. LEGGETT, Trustee CIVIL DIVISION - LAW : CONFESSION OF 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 Defendant and confess Judgment in favor of Plaintiff and against Defendant as follows: Principal Amount Due .............................. $ 630,643.13 Interest Amount Due @ 7.450% p/a .................... $ 2,285.01 Attorney Collection Fees $ 63,292.81 TOTAL .................................. 696 220.95 Judgment entered as above. Robert D. Kodak, Esquire Attorney for Defendant Prothonotary PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. . NO. SPANKEY'S AUTO SALES, a Pennsyl- : CIVIL DIVISION - LAW vania Business Trust, DONALD B. LEGGETT, Trustee : CONFESSION OF JUDGMENT CONFESSED JUDGMENT COMPLAINT Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for Confession of Judgment and avers the following: 1. Plaintiff is Pennsylvania State Bank, a Division of BLC Bank, N.A., a financial organization duly organized and existing under Federal laws, with its principal office and place of business at 2148 Market Street, Camp Hill, Cumberland County, Pennsylvania 17013. 2. Defendant is Spankey's Auto Sales, a Pennsylvania Business Trust, with an office and place of business at 701 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. Donald B. Leggett is Trustee of the Spankey's Auto Sales Pennsylvania Business Trust. F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et ahcomp trust 3070107.wpd:25May07 1 M14Y24-2007 11:04 COMMERCIAL LOAN DOCUMENTA 7177354764 P.C02 PROMISSORY. NOTE Adeirencas Iri tho shadod aroa are la Lender's use only and do not limit tha applicability of thN document to kaely i f3crroWC!" Spankey's Auto Saks, A Pennsylvania Business Lender: PENNSYLVANIA STATE BANK Trust cumbedww Parkway Donald B. Leggett, Trustee 91 Cumberland Partway 701 E. Locust Street Mechanicsburg, PA 17055 Mechanicsburg, PA 17066 Principal Amount: $1,100,000.00 Interest Rate: 7.4S0% Date of Note: January 26, 1999 PROMISE TO PAY. Donald IL Leggett; not personally but as Trustee on behalf of Spedkey'S Auto Sales, A Pennsylvania Businsaa Trust under the provisions of a Trust Agreement ("Borrower-) promises to, pay to PENNSYLVANIA STATE BANK (-Lender-), or order, In lawful money of the United Slates of America, the luctclpel amount of One Million One Hundred Thousand A MM00 Dollars (SM00,000AO), together with Interest at the'rale of 7.450% per annum on the unpaid principal balance from January 29, 1999, unal paid in full. PAYMENT. Borrower WIN pay this loan In accordance with the folbwing payment schedule: The principal sum of 51,100,000.00, togpfher will Interest as herNaafter provided on the principal balance outstanding at arty tune, calculated on the basis of a 365 day year, sham oe payable lit ronaecullwo monthly installments, commencing on March 1, 10", and continuing oa the first day of eac11 month thereafter until February 1, 2014, unless the Lender elects at any time after February 1, 2004 10 declare the then remaining principal balance and accrued interest as Immediately due and payable, as provided below. Commencing from the date hereof and 0frlinuing until February 1, 2009, principal and lnleroat in arrears at the raft of 7AS% per annum on the outstanding principal balance shall be payable in equal month" Installments of 210,165.90 on the first day of each month, each such payment to be applied first to are payment of interest on the outstanding principal balance, based on an agreed fiae" (15) year wriortUstion_ Thereafter, urUeac lire Lander has elected to declaro the then remaining principal balance and accrued Interest as immediately due and payable, as provided below, the Interest tale payable on the principal amount of the Loan then Outstandng shall be a rate as Offered by the Lender in Its solo disereltOfl, and the amount of the monthly lnauumcntR of principal and Inloreat shell be Ruch as have been Agreed belruW the Borrower and The Lender. If the Lender chooses not to offer a fixed rate, or the Borrower does not accept the rate,. If arty as offered by the Lender, the rate of Interest payable on the loan for the remainder of the ban term shall be one percent (1.00%) plus the base'tnlcreW rate amounted from lime to time by Pennsylvania State Bank, as Its "Bane Lending RAte", such.Infeetst rate under this note to he adjusted when and a. said bast Interest rate Changer. Principal and InbraaL at the rate above stated, Shall be paid by Borrower to Lender In consecutive monthly Installments commencing on March 1, 2009, and continuing on the first day of own month ihereaMer until February 1, 2014, udess the Lender has tleclod to declare the then remaining principal balance and accrued interest as immediately due and payable, as provided below. Monthly payments of principal and Interest shall be calCUIdAcd and adjusted qu&lcry (provided me Lender reserves the right to change more frequently thad quarterly if necessary to avoid negative amortt-Atien) based upon the following; (1) Pennsylvania $tale Sank'a Base Lending Rate plus one percent (1.00X); (2) the principal remaining Unpaid: and (s) the remaining amertlratlon term of the loan. Interact on this Note is'compulod on a 386!365 simple interest hAsir; that Is, by applying the ratio of the annual Interest rate over the number at days In a year, mulriplied by lox, outstanding Principal balance, mullipiied by the actual number of days the Principal balance It outstanding. Borrower will pay Lander at Lendais addret ; shown above or at such olhet plaeo as Undor may dczignats In writing, unlrw otherwise agreed Or roquired by applicable law, payment- will be applied first to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid C011e0on Cost- and We charges- PREPAYMENT PENALTY. Borrower agrees, [Rat all loan fee and other prepaid finance chargos are earned fully as of the dale of the loan and will not be subjod to refund upon early payment (whottter voluntary of as a result of delaull), excopt as Othorw" required by law. upon prepayment of this Mole, Under is entitled. to the following prepayment penalty. two percent (2%) of amount prepaid during the Initial fixed rile term. Except for the foregoing. Borrower may pay all or a portion of the amount owed earrw inan u is due. Early payment, will not, unle*,; agreed lO by Lender in willing, relieve Borrower of Borrower's obligation to continue to make payment under the paymont schodub. Rather. thoy will reduce the principal balance due and may rosult In Borrower making fewer payments. LATQ CHARGE. It a payment in 16 days or more late, Borrower will W ctuargod 10.000% of the regularly scheduled payment or $60.do, wtuchevetIs greater. DEFAULT, borrower will be fn dohtum it any of the folOwing hAPpOns: (a) Aorrower fails to nuke Rny payment when duo. (b) Borrower breaks any promise Danowor eras mado to I.ander, or dorrowor fella to comply with or to perform when due any Other term, obligatiort, covenant. or condition contained in this Note or any agreement reiak+d to Inns Note, or in any olner agroement or ban Borrower has with Lendot. (c) Borrower defaults under any loan, extension of credit, security agreement. purchase or sales agreement, or any other agreement, in favor of uny other creditor or parson that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Llorroweet obligations under this Note or any of the Related Documdnts. (d) Any repm-wernallon or statement mado or furnished to Lender by Borrower or on Borrower': behalf is false or misleading in any malarial respect nither now or at the timo made ev furnished- (d) Borrower becomes insolvent, a receiver is appolntod for any part of Borrower's property, Borrower makes an arsignmeni for the benefit of creditors, or any prcceeding is commeneod eifner by Borrower or against Borrower under arry bankruptcy or insolvency laws. (f) Any crodflor trite to lake any of Borrower's property on or in which Lender has a lien at security Interest. Thl+, Includes a WAI*hmenl of any at Borrowers accounts with Lendor, (g) Any 0 the ~is demribed in this default twion occurs with respect to any guarantor of this Nola. (h) A material atlver-,se change occurs in Borrower'; financial condition, or Lender believes the prospect of payment or porformance of the Indebtedness is Impaired. (0 Lander In good lath dooms itsdr Insecure. It Any doiaull, other than a dalaull In payment, is curable and if Borrower has not been given a notice of a broach of the steno provision of this Nola within the precoding Iwelve (17) months, it may be cured (and no event of default will have occurred) If Borrower, after roceiving written nuke tom Lender domanding cure of such defaultl: (a) CurQG the default within thirty (30) day; or (b) If the cure roquires more than thirty (30) days, Immediately lnmalSS steps which Lender dooms in tondos s sole discretion to be SuMclont to cure this default and thereafter cominuc and completes all reasonable and neccn ary steps tufliciant to produce compliiance as soon as reasonably practical. LENDER'S RIGHTS. Upon cielaull, Lender my, after giving such noticed as required Oy applicable law, daClue the entire unpaid principal balanco on this Note and all accrued unpaid nnicrost immediately due, and then Borrower will pay ;hat amount. Lender may Nro or pay someone ate to help collect this Note If Borrower doe- not pay. Borrower also will pay Lender that amount. This Includes, subject to any Iimil: undo applicable law. Lender's attorneys' fees and Lance, legal expanses whether or not there Is a lawsuit Including a00moys' few and legs! expenses for bankruptcy pfadoodurgs (Including a0ons to modify or vacate Any automatic stay ar Injunctierl), appeals, and any anticipated poll-judgment collection :lcrvicaS. It not prohibited by applicable law, borrower also will pay any court costR, in addition to all other mums provided by law. It judgment is entered in Connection with this Note. Interest will continue to accrue on this Note after judgment at the ai*Ainp Interest rate provided for in this Note. This Note half been delivered to Lender And accepted by lender In the Cornmomwealth of PcnnsytvaMa. M mere Is a lawsuit, Borrower agrees upon Lender's request to submit to the lurtsdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania This Note shall be governed by and construed in eCCOrdanee with Iho laws Of the Cammomvealth of Pennsylvania DIISHONORED ITEM R M-, Borrower wll pay a tee to Lander of SPO.00 If Borrower makes it payment on 6orrowerS loan and the check or preauthorized chargo with which Rorrowee pays Is later dishonored. RIGHT OF SETOFF, Borrower yams to Lender a contractual sacuely inlerew In, and hereby assigns, conveys, delivers, pledger,,, and man sfam to Lander all 9orrower's right, Iltie and interest in And l% Borrower's accounts with Lender (whomef checking, savtnos, or some other account). Including without limitation all accounts held )olnlly with someone eL•a and all aocounta Borrower may open in thr future, excluding however all IRA and Keogh by law. bor rower aulhorims Lander, to the extent accouMS, and all trust accounL% for which the grant 1b. permtaed by applicable law, to charge or setae all seh necounts. COLLATERAL. This Note Is scoured by , among olnt from Borrower to Lender of oven Wito hurewlth and intended to be recordod forthwith, secured upon Mechanicsburg, fro. 17M: 701 E. Locust Street, f Id.' Methania;burg, Pa. 17os5; 200 N. Walnut Street. MEnolp, era, tro25: 610 Lowinar Road, Lewisbwry, Pa. 1*/M and 600 Grandview arclo, Lewlsburry, f a. 1 e agreements, condillom, covenant-, provisions and slipulailan% contained in Iha Monoagn which are to aby mado a part OI this Nato fo the Same extent and with the same face and effect R5 it they were fury Sagrees to keep and perform thorn, or caeca therm to bo kept and porformod, t1rictiy to accordance with thCALL PROVISION. At Any time zncr the expiration o ereol, upon shfy days' prior written nolirn to the Borrower. Lower, at ILS sale dlSCralion, may declare the than remaining baMriea of the principal sum and accrued inisrast As imm.re:ri..tr n,e ..•.? •.-.-?•- -- MAY-24-2007 11:04 COMMERCIAL LOAN DOCUMENTA 7177354764 P.002 PROMISSORY NOTE tiaferemxls in' the shadod aroa are lor Lander's use only and do not 110111 the appllWpllity of thN: document to why I BOrrOWCr. Spankey's Auto Sale-, A Pennsylvania Business Lender: PENNSYLVANIA STATE BANK Trust Combed" Parkway Donald B. Legyelt, Trustee at Cumberland parkway 701E Locust Street Mechanicsburg, PA 17055 Mechanicsburg, PA 77066 Principal Amount; $1,100,000.00 Inkrest Rate: 7.450% Date of Note: January 26, 1999 PROMISE TO PAY. Donald a. Leggett; not personally but as Trustee on behatt of Spankey's Auto Sobs, A Pennsylvania Business Trust under the provisions at a Trost Agreement ("Borrower") promises te, pay 1e PENNSYLVANIA STATE BANK ('lender7, or order. In lawful money of the united States of America, the principal amount of One Million One Hundred Thousand k defied Dollars (81.100,ts0A0), together won Interest at the'rale of 7.460% por annum on the unpaid pvndpal balance from January 2e,1999, until paid in fug. PAYMENT. Borrower will pay this loan in accordance with the folloWng payment schedule. The principal sum of $1,100,000.00, together w ilh Interest am hereinafter provided an the Prnefpal balance outstanding at airy lime, calculated on the basis of a 365 day year, shag be payable In conmClitlvo Monthly innlaumeols, commencing on March 1, 1709, and Conlinuing on the first day of each month thereafter unfit Kebruay 7, 2014, unless the Lender clocts at any time after February 1, 20" to declare the then remaining principal balance and accrued Interest as Immediately due and payable, as provided below. CommsndA2 from the date hereof and continuing until February 1, 2009, princlpal and Interest in arrears at the raft of 7015% per annum on the outstanding prt"IpM balance shalt be payable in equal mla thly Installments of 510,165.90 On the first day of each Martin, each such payment to be appled first to the payment e1 interest on the outstanding principal balance, based an an agreed afieen (is) year amottintlom Thereafter, urueae the Lender has elected to declare the then remaining principal balance and accrued Interest as Immediately due and payable, as provided below, the interest rata payable on the pAneipal amount or the Loan then outstanding shall be a rate as onerod by the Lender In Its sole d1e6rO11011, and Me amount of the monthly Installments of principal and interest AW be such az have been agreed between Ithe Borrower and the Lender. If the Lender chooses not to offer a fized rate, or the Borrower does not accept the rate, It any as offered by file Lender, the rats of Interest payable on the loan for the remainder of the loan term shall be one percent (140%) plus the base'lotereat rate announced from lime to Uwe by Pennsylvania State Barak, as fts "Base Lending Rate", such. InI~ rate under this note to be adjusted when and as said base Interest rate changes. Principal and Interest, at the rate above stated, shall be paid by Borrower to Lender In consecutive monthly Installments commencng on March 1, 2009, and continuing on the first day of each month thereater until February 1, 2014, unless the Lender ties elactod to declare the then remaining prlncipd balance and accrued imemst as immediately due and payable, as provided below. Monthly paymeAls of pa Wpd and Iterad shall be weulated and adjusted glwlory (provided tie Lender reserves the right to change more frequently than Quavery if necessary to avoid negative amortLatlon) based upon the following; (1) Pennsylvania State Bank's Buse Lending Rate plus one percent (2) the principal remaining unpaid: and (s) the remaining antl6e t bon term of the ban. Interest on this Nola a comptuod on a 5651366 simple interest hash;; that Is, by applying the ratio or the annual interest rate over the number of days In a year, multiplied by fha outstanding principal balance, multiplied by are actual number of days the principal balance Is outstanding. Borrower will pay Lander at Lendoev addro-" :hewn above or at such other placo as tender may designate In writing, unless otherwise agreed or roqu'wed by applicable few, payments will be applied first to seemed unpaid Intermit, then to principal. and any remaining amount to any unpaid dollaolon Coh and tole charges. PREPAYMENT PENALTY, Borrower ngreea that all loan fees and other prepaid finance charges are earned fully as of the dale or the loan and will not be subject to refund upon early payment (whether voluntary or as a result of defaull). except as oftrwra required by law. Upon prepayment of this Note, tender is anti aed.to the following prepayment penalty; two percent (2%) of amount prepaid during the Inlllal fixed rate term. Except for ur0 foregoing. Borrower may pay all or a portion of the amount owed earner than II ls due. Early payments will nos, unless agreed to by lender in writing, relieve Borrower of BorrovvWa obligation to continue to make payments under the paymont schedule. Rather, they will reduce the pnndpal balance due and may rosuff In Borrower making fewer payments. LATR CHARGE. It a payment is 16 days or more late, Borrower win be cnargod 10.000% of the regWarty aeheduled payment or :60.00, whichever Is (treater. DEFAULT. biarewcr will be In dofaux If any of the following hspporw. (a) Borrower fails to rrako any payment when duo. (b) Borrower breaks any promise Oerrowar Man mado to tender, or t1orrowor " to comply with or to perform when due any other term, obligation, covenant. or condition contained in ills Nolp or any agreement rclakad to iris Note, or In airy olner agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of oredl, security agreement ptschaao or ;ales agreement, or any other agreemenl, in taver or uny other creditor or person that may materially affect any of Borrower's property or Borrower's ability lo'repay this Note or perform Borrower's oblgattons under this Note or any of the Related Documents. (d) Any representation or staloment mado or furnished to Lander by Borrower or on Borrower's behalf is fAtco or msleading in any material respect either now or M the limo made at furnished. (o) Borrower becomo insolvent, a recehror is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding ls commenced either by Borrower or against Borrower under arty bankruptcy or insolvency laws. (Q Any crodlor tries to take any of Borrower's prop" on or in which Lender has alien or *wurlty Intorest. This Includes a garnishment of any of Barrower a aceounto with LaMar. (g) Any of the events deserrbed in this default section occurs with respocl to any guarantor of this Nola. (h) A material adveme change occurs In Borrower's lnanclni condition, or Lender believes the prospect of payment or porfamance of the Indebtedness Is Impaired. (Q Lander In goad tailh dooms imel Insecure. If any dofaufl, other than a default In payment, is curable and 1 Borrower has not been given a notleo of a broach of the same provision of Its Nola, within the Preceding twelve (1T) months, it may be cured (and no event of default will have occurred) If Borrower, after receiving written notice from lender domanding cure of such dofaufh (a) cures the de6,ult within thirty (30) day;; or (b) If the cure roqufres more than thirty (30) days, Immediately Initiates steps which Lender dooms in tendons sole dlsaelion to be sufficient to cure the default and lheroaAar condnurr and completes all tea onable and neec--:,ary steps sufriciont to produce Compliance as soon as reasonably pracl'ieat. LENDER'S RIGHTS. Upon delaWt, Lender may, after giving such naticea as required by applicable law, declare the amts unpaid principal baltnco on this Note and all accrued unpaid interest immadWally, due. And then-Borrower will pay that amount. lender may hire or pay someone else to chip coloct this Note if Borrower doos not pay. Borrower also all pay Landry that amount. This Includes, subject to any limits under applicable low, Lander's altorneys' fees and Lender's legal expenses whether or not thane Is A fawssun. Including adorneys' teas and legal expanses nor bankruptcy Proceedings, (Including effans to moony or vacate nny automatic stay Of Injunction). appeals. And any anlleipaled pcelyudgmant collection services. If not prahlbilod by applicable law. Borrower also will PAY any court costs, In addition to all other sums providod by law. If judgment is entered in connection with this Nate. Interest will continue to accrue on this Note After judgmant at the oxaling Interest rate provided for In this Note. This Note has been delivered to Lender and steepled by Lender In the Commonwealth of Pennsylvania. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the Jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania This Note shall be goilaned by and construed in accordance with the lows of the Commonwealth of Pennsylvania DISHONORED ITEM FEE, darownr wit pay a fee to Lander of SPO.00 If narrower makes a payment on Borrower's loan and the check or preauthorized ehargo with which Borrower pays Is later dishonored. RIGHT OF SETOFF, Borrower araMs to Lender A camaetual security Internet IN and hereby asslgns, conveys, delivers, pledger„ and transfers to Lender AN Rorrower's right, lide and interest in and to Borrower's aacounta with lender (whetter chocking, savings, or some other ACCount). Including without limitation all account held )dnly with someone eLo and all aceounta Borrower may open in the lvture, axCluding nowevor all IRA and Keogh accouMS, and all bust account-. for which the grant of a security interest would be pronmled by law. Borrower authorises Lander, to the extent permitted by aoptie:abk: law, to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note Is secured by, among other Ihings, a Morpagu and Secwily Agreement from Borrower to Lender Of oven dato herewith and intended to be recorded Mrthwllh, secured upon promises sltuale at 1107 E. Loeusr Street, MoehaMCSbveg, Pa. 17065: 701 E. locust Stwt, Mechanicsburg. Pa. 17M 200 N. Walnvl Sleet Mochenlmbwg. Pa 17065; SRO N. Enola rtoad, Enota, rs. V/00;: 610 Lowther road, Lewisbinty. Pa. 1%330 and hoe Grandview Circle, Lawlsbony, Pa. 17339 As described In said Moffgago. All of the agreements, condaform, covenant.., provisions and Aipuiasons contained in the Mortgages which are 1o be kept and performed by Borrower, see hereby made a part of this Note to the same extent and with the same force and elect Rs if they were fully sot forth harcin, and Borrower covenants and agrees to keep and perform therm, or cause therm In bn kept and performed, strictly in accordance with their loans, CALL PROVISION. At any time after the expiration of Ova (5) yeah from the dole hereof. upon slily days' prior written notice to the Borrower, Lander, at It, .;one diserafion, may dodare the than remaining bataneu of the principal sum and accrued imerast.ir immnrt;>.Iol. „e,yr N.-,- . ... . . COMMERCIAL LOAN DOCUMENTA 7177354764 P.003 MAY-24-2007 11:04 rnvlvllaaultY Nu I t Page 2 L.oen No 64000102 (Continued) Mention, snap to duo and payable on February 1.201x. VARIABLE INTEREST RATE. The interest rate on INS Nola may be subject to charge from lime to Umc bated on changes to an index which is the Pennsytvani i State Bank's Base Landing Rate (the'IndeY} The Index Is not neceSSIM the lowest rateocharged by Lander on its loans and is set by Lender in its sole dlserolion. It the Index bcoomes unavellable during the term of this loan. Landee'may de-?ignate a stlb0lulo index altar notifying Borrower. Lender wm ten Borrower the current Index Rata upon Borrower's request Borrower understands that I, ander any make loans based on other rate, as won. The interest raft change will not occur more often than once each day. no Index currently in 8110% per annum. NOTICF., Under no alrcurfelancto will the interest rate an arty Note be more than the maximum ralo allowed by appikaolo law, LOAN DOCUMENTS. This Note, the Mongapo and Security Agreement the rNaW collateral document,, Londer's commitment tatter to Borrower dated December 21, 11;'90, are referred to herein caficClivoiy aS the'LOan Documents', and the proyaions'Nereof are Incorporated herein by reforonce. DEFAULT INTEREST RATE In the event of degA01 for which Lender does not accelerate thin Loan, Including the (Ailwo of Borrower to provide the financial state mants as required hereunder or under me Loan Agreemont, the appiicabla infarYt rate on the Leon, for a period begfnring throe (3) days altar written notice of such default and ending upon the curing of said noticed dolauit, shall tnaease ano Quarter of one pifrcerd (26%) nor me first litirly (90) days of said default and Increase an additional one.qusnar (26%) during each thirty (20) day period thereafter during which me notice detauit oonanuoa Such default Interest rates shall apply to the otast"ng principal bAtanco.of the Loan. Upon the curing or the noticed dr-inuil, the Interest rate on the Loan shaA rovOrl Io the Initially agrted-upon interest rate ehcofive on the date on which the default is cured. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights Or remndes under W9 Note without losing them. Borrower and any other person who signs guarantees or endorser this Nola, to the extent allowed by law, waive prerenhnert6 demand for payment, proleat and nOUCr of diShonor. Upon any change In the torts of this Note, and urross otherwise expressly staled in writing, no party who signs this; Note, whether as make, guarantor, accommodation maker or ondarer, shell be relea,od from liability. AN Such parties agree that Lender may renew or txtond (repeatedly and for any length of limo) this loan, or releaso any party or guarantor or collateral: or Impair, tail to reallm upon or perfect Lender's = r ty interest in the colateral: and Like any other action demmad necessary by Lender without the consent of or Police to anyone. AD such parties also agree that Lander may modify this loan without lho consent of or notice to anyone other than the party with whom me medfication iii- made. If any portion Of This Note Is for any reason datormired to be unenfaecebfa, it will not affect the enforceability of any other provisions of M Nolo. TRUSTEES LIAD41TY. The Borrower undor this Note Is Spankcy'S Auto Sales, A Pcnnsylyania Business Trutt. This Note is executed by Donald S. Legged, not personally but as Trustee, In me exorc'co of the power and Authority conferred upon and vested In Donald B. Lcggott as such Trusme, and Is payable by Donald S. leggatt only out of the assets of theTrv*I described stave or from any collateral for INS loan. This limitation, howevar, shall in no way modify or dischargc tho personal liability of any guarantor, co-borrows, or cosigner of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHDRI[ES 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 BORROWER AFTEn A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM. CONFESS OR ENTER JUDGMCNT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED RV LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHh:R WITH INTEREST ON SUCH AMOUNTS, 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 HUNDfL-M DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOYE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SIIFRCIFNT WARNANT. THE. AUTHORRITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE E(HAUSTED BY ANY EXERCISE OF THAT AUTHORITY. BUT SHALL CONTINUE ?-ROM TIMF, TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL. OF ALL AMOUNTS DUE UNDER THIS NOTE, BORROWER t1ERMY WAVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WfTH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICt AND/OR HEARING REQUIRED UNDER APPUCABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT CITHFR A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BOnROWER•S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS MOTE BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. TMIS NOTE HAS MEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: X` .».... (515 Dona B. Liggett, as Tr eK ro pa to Sates, A Pennbylvania Buafneaa Tru41 LENDER: PENNSYLVANIA STATE BANK ((??-.AA or-AYIh*dUd Officer ---moo err .? .. -. Flrod Rorie. Oe"rie. LASER PRO. N.S.V.,'.rel.AT.M.Off..Vet. a 7th, to) tape CFl PreSMyneeY, n.e. All rights rsserred. tPA-D70r3.9.nSrAWCYkLN A.M. I Note Inquiry Next DigAag ? Basic No* Data Malntainab[e:Fieia- Note number 64MI82 00 G B1 Shortpame SPfa11SEY5 AJm ?E C><estdo+er Data MEMO ACTIVE M ?ARFI?Y';5 RLfTO ?S Balance Data ---- ? R PEmcYL fv4IR BLSINESS-TRMT Note amount L,,180,080.06 ? DOkU &-LEGGE TT Tii?1STEE Principal balance 630,6.13 281 E L=T ST Interest balance 2,285.81 IECHWICf:aK N 17055 1 P/0 5-25-07 632; M*A4 A.rail for disb .98 Conta tta 1 ----- - -- Interest Data--- -^- Ttx ID ' -2131896 p+ 1.0900 - R r 5. 50k] Home phone 717-737-TT77 Int rate Business phone 717-737-7777 Daily int factor 99,38 j -1?,57a7a Otrcer ? -,z: z7 ? 1 interest paid YTD Next payment Data-------- 4 Dates Next due date 6.01-0; Note date i-`°-99 Next pmt amount 9,333:11 Last renewed TotaJ pasfdue mint } Meurrtydate 2-8i-14 Sold Data - Last active 5-82-87 Lastpaid installment 5-81,-97 Percentage sold •09% a Interest paid-to elate 5 07 Total sold p -, 50-0705-Y i 4I15:2$PM i F125f2t11J7? ; pPRDEUfl03F LF1Bg00tlE (?6a6) ????? v d n L; trt .. ff; ? rv -.r - < Film rn O f?4 { -TI c.a ? rn 0 PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. a7- ?.23d SPANKEY'S AUTO SALES, a Pennsyl- : CIVIL DIVISION - LAW vania Business Trust, DONALD B. LEGGETT, Trustee : CONFESSION OF 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. +++++++++++++++ The above certification is made subject to the penalties of 18 P . S 49 relating to unsworn falsification to authorities. Dated: Mav 25.2007 Robert D. Kodak, Esquire Attorney for Plaintiff I.D. No. 18041 Address: Kodak & Imblum, P.C. 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7152 Fax: (717) 238-7158 N f ` HIM 0 1 ?r W 0 PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. SPANKEY'S AUTO SALES, a Pennsyl- vania Business Trust, DONALD B. LEGGETT, Trustee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL DIVISION - LAW CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: SPANKEY'S AUTO SALES, a Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee, DEFENDANT A Judgment in the amount of $696,220.95 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 C -e % 31. O C3 CD ft1 0. r („f"y PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-, 240 (2t C-p-L C C_ T??41 SPANKEY'S AUTO SALES, a Pennsyl- : CIVIL DIVISION - LAW vania Business Trust, DONALD B. LEGGETT, Trustee : CONFESSION OF JUDGMENT TO: SPANKEY'S AUTO SALES, a Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee, Defendant You are hereby notified that on j 5 v .)a , 2007, Judgment by confession was entered against you in the sum of $696,220.95 in the above-ca oned case. DATE: 2007 Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence: 701 EAST LOCUST STREET MECHANICSBURG, PA 17055 Robert D. Kodak, Attorney for Plaintiff CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 -Jk IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENNSYLVANIA STATE BANK, NO. 2007-3230 Division of BLC BANK, N.A., now by merger PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. SPANKEY'S AUTO SALES, a Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee, Defendants CIVIL ACTION - LAW \ ?O PARTIAL RELEASE OF JUDGMENT LIEN ? d 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. 2007-3230; 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. *I(o• 00 PO PI.FF gga8 / S4a.9 ?? 12q/ 59(o IN WITNESS WHEREOF, the Undersigned executed this Partial Release this Aday of February, 2010. PNC BANK, NATIONAL ASSOCIATION By: Q?14 A&jCrC Brett A. Bertoli Assistant Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF C-O--OCck-,V6r SS.: On this, the -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. IUD: iF.r ,??r a ? si° f s?+3y ' My ccj r,._._.'Notary Public My Commission Expires: 0 jAJ1Ao1.1,- 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 NO. 2007-3230 R Q r. co V. SPANKEY'S AUTO SALES, A Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee, Defendants 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. 2007-3230; 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. 4"S.oo 0 AT-T4 $ at Iq ?>G (0 IN WITNESS WHEREOF, the Undersigned executed this Partial Release this J1 day of August, 2010. PNC BANK, NATIONAL ASSOCIATION By: Brett A. Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF ZC tlCa,. aLe r - 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. FN WTI-NESS WHEREOF, I hereunto set my hand and notarial seal the day and year aforesaid. Notary Public My Commission Expires: Q1hl"he /Z COMIMONWEALTH OF PENNSYLVANIA 140tarial Seal Connie Sixier, Notary Public Manheim Twp., Lancaster County My Commission Exploes Jan. 31, 2012 i Member, Pennsylvania.Assoclatlon of Notaries V 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 1.07 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A., now by merger PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. SPANKEY'S AUTO SALES, a Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee Defendants N0.2007-3230 ~ c Q ~, -r, -~ ~ rn . ~ ~ ° -+ ~ ~=-- "~ r-, a " ~ . ~,,~, r rv t , ~,, ca ~~ ~~ -~- -~ ' ~? c~ 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. 2007-3230; 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. k~~ao~ ~Y ~ ~. a~ IN WITNESS WHEREOF, the Undersigned executed this Partial Release this ~ 5 day of October, 2010. PNC BANK, NATIONAL ASSOCIATION By: Brett A. Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS.. On this, the 19 day of October, 2010, before me, the undersigned officer, personally appeared Brett A. Bertoli, who acknowledged himself to be the Vice President of PNC Bank, National Association, who being authorized to do so, executed the foregoing instrument for the purposes therein contained as such officer. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal the day and year aforesaid. Notary Public My Commission Expires: O~l/a0/~ COMMANWEq~m OF PENNS Notada- Sea- ~-VANIA Connie Bbder, N~%Cou M Manhefm TWP., La ~ M~p~ P~~ Jan. 31, 2012 ~odatlon of Notar-es 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.