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HomeMy WebLinkAbout07-3231Robert 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. SPANKEY'S AUTO SALES, INC Defendant :CUMBERLAND COUNTY, PENNSYLVANIA No. a7 -3.?..3 I ~"'~~~ ~~..h't 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 Defendant as follows: Principal Amount Due ..............................$ 630,643.13 Interest Amount Due @ 7.450% p/a . Attorney Collection Fees ........ . TOTAL ....................... Judgment entered as above. Prothonotary .................... $ 2,285.01 ............. ... $ 63,292.81 ........ .. $ 696,220.95 ..~ __. Robert D. Kodak, Esquire Attorney for Defendant MAY-24-2007 1.:06 COMMERCIAL LOAN DOCUMENTA COMMERCIAL GUARANI .. ' x~.p ....w M:. ......... :is~.:~w;w, ..~...«.......,,..«,wx:~ ixs.,°x..ua ::.:::.::.... ~z:zx _w:: '~: ;•,x:izVw ,.;.a _.s• x,«~M~:G~~ . . ..................rx:::x:.:•..aa•.:.:v... „..,,...., .....~.Taa:w,w.^ ...:.4'!wv,..r,.uw....:o ,._.. ,.~;....~.::.:.:.~ -......•w^.x:wx:cx:x:s:xx~::r.:..........~.......~~~c;r .............. ..-.~..~^».:M..... . ~ ~s::~:e~.M ..........M,w..w:..................... ,....„,.,,„„. ..sxx:• µ:::x..mn:xc:~r.:. _wwx.:x::: - :::~ In the shsded area are for Lgnder'S use only and do not limit the aD0liCablllty Of th15 Borrower: Spankey's Auto Sales, A Tru61 Donald B. Leggett, Trustee 701 E. Locust Street Mechanicsburg, PA 17066 Pennsylvania Business Lender: PENNSYLVANIA STATE BANK Cumberland Parkway 91 Cumberland Parkway Mechanicsburg, PA 17055 or Guarantor: Spankey's Auto Sales, inc. 701 E. Locust SVeet Mechanicsburg, DA 17066 AMQUNT OF GUARANTY, This 18 a guaranty of peymentof 100.000% of the Note. Including without limitation the principal Nofe amount of One Million One Hundred Yhousand ~ 00/100 Dollars (51,10o,OD0.00). GUARANTY. For good and valuable consideration, Spankoy's Auto Safes, lac. ("Guarantor") absolutely and unconditionally guarantees and promises to pay to PENNSYLVANIA STATE BANK ("Lender") or Rs order. In legal tender of the United States of America, 100.000% of the indebtedness (as that term Is defined below) of Spankey's Auto Sates, A Pennsylvania Business Trust ("Borrower") to Lender on the terms and conditions set forth In this Guaranty. Guarantor agrees that Lender, in its sole discretion, may determine welch portion o/ Borrower's Indebtedness to Lander is covered by Guarantor's percentage guaranty. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word "Borrower" means Spankey's Auto Sales. A Pennsylvania Business Trust. Guarantor. The word "Guarantor' means Spank@y's Auto Sales, Inc. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of tender dated January 213, 1999. Indebtedness. The word 'lndebledne55" means the Note, including (a) all principal, {b) all Interest, (C) ell leis Charges, (d) alt loan fees and loan charges, and (e) all colleCflon Costs and expenses relating to the Note or to any collateral for the Note. CaleCtlon costs and expenses include without limitation all of Lender's attorneys' fees and Lender's legal expenses, whether Or not sun -s Insfltuted, and attorneys' fees find legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatle stay or injunction], appeals, and any antlClpated post Judgment colleCllon Services. Lender. The word lender" means PENNSYLVANIA STATE BANK, its successors and assigns. Hole. The word "Note" means the promissory note or credit agreement defied January 26, 1999, in the Original principal amount Of S1,1oo,000,00 }rem Borrower to Lender, •together wkh all renewals of, extensions of, modifications of, refinancings af, consolidaflons of, and Substitutions for the promissory note or agreement. Related Documents. The wOrdS "Related Documents" mesn and include without limltallOn all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and sA other Instruments, agreements and documents, whether now Or hereafter exlSting, executed in connection with the Indebtedness. MAXIMUM LIABILITY. The maximum IlaWllty of Guarantor under this Guaranty shall not exceed at any one Ilme tOO.000~fi of the amount of the Indebtedness described above, plus all costs and expenses of (n) enforcement of this Guaranty and (b) collection and sate of any collateral securing this Guaranty. The flbove Ilmitation on liability is not a restriction on the amount of the Indebtedness or Borrower to Lender either In the ~~9regate or flt any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under a0 guaranties shall be cumulative. This Guaranty shall not (unless speClNCSIIy provided below to the contrary) effect Or lnvalldate ally such Other guaranties. The IiabiAty of Guarantor will be the aggregate liability of Guarantor Under the terms of this Guaranty and any SUCK other unterminaled guaranties_ NATURE OF GUARANTY. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness within the limits set forth in the preceding section of Ihls Guaranty. DURATION OF GUARANTY. Phis Guaranty will take eHeCt 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 have been fully and finally paid and satlsfied and ell other obligations of Guarantor under this Guaranty Shall have been performed in full. Release of any ether guarantor M termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by lender from any one or more Guarantors shall not affect the liability of any remaining Guarantors 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 atltlltlonel secured or unseWred loans to Borrower, to lease equipment or other goods to porrower, or otherwise to emend adtllpor+at credit to Borrower; (D) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the lime for payment or other terms of the indebtedness or any part of the Indebtedness, Including Increases and decreases of the rate of Interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (c) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fait or decide not to perfect, and release any such security, with or without the sut>,stNutlon of new collateral; (d) 20 release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on arty terms or in any manner Lender may choose; (e) to determine how, when sad what appttcatton of payments and credits shalt be made on the indebtedness; (f) to apply 9uCh security and direct the order Or manner of t IlmltaUon, any nonjudicial sate permlttul by the terms of the controlling security agreement o- deed of trust, a ~~ ~~ .determine; (g) to sell, transfer, assign, or grant partlclpatlons to all or any part of the Indebtedness; and (h) to ~ ly in whole or In.part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guar o Lender that (a) no repres6ntations or agreements of any kind have been made to Guarantor which would limit or of this Guaranty; {b) this Guaranty is executed at 8orrower'5 request and not at the request of Lender; (c) Guarantor ity to enter Info this Guaranty; (d) the provisions of This Guaranty do not conflict with or result In a default under any ag ding upon Guarantor and do not result In a vloletlon of any law, regulaflOn, court decree or order applicable to'Gueranto will not, without the prior written consent of lender, Sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or subStanUalty alt of Guarantor's assets, of any interest therein; (f) upon 7177354764 P.009 MAY-24-2007 11:06 COMMERCIAL LOAN DOCUMENTA 7177354764 P.O10 yr^cwr~a~ rv+VIVItVICKI,,li1L taUHKHIVI Y Page 2 Loan No 64000102 (Continued) whloh curcantly has been, and alt future finanC191 Information which will be provided to Lender is and will be true and correct In ell material respects and fairly present the flnanaal condition of Guarantor as of the dates the financial tnformallon is provided; (g) no rnaterlal adverse Change has occurred in Guarantor's financial Condltlon since the date of the most recent finanClal statements provided to Lender and no event has Occurred which may materially adversely affect Guarantor's flnanClal condition; (h) no litlgetlon, claim, investigation, administrative proceeding or similar eCl10n (Including those for unpaltl taxes) against Guarantor is pending or threatened; (i) Lender has made no ropresenlation to Guarantor a5 t0 the credllworthlnes: of Borrower; and Q) Guarantor has estebllshed adequate means Of obtaining from Borrower on a continuing basis InfOrmellon regarding Borrower's financlQl condition. Guarantor agrees to keep adequately Informed from such means of any (acts, events, or Circumstances which might In sny way affect Guarantor's risks under this Guaranty, snd Guarantor further agrees that Lender shall have no obligation to dISCI05e to Guarantor arty information of documents acquired by Lender In the course of Its relationship with Borrower. GUARANTOR'S WAIVEgS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) to Continue lending money or to extend other credit to. Borrower, (b) to make any presentment, pretest, •demand, or notice of any kind, induding notice of any nonpayment of the Indebtedness or of any nonpayment related to any colleleral, or notice of any action or npnactlon on the part of Borrower, Lender, any surety, endorser, or other guarantor In connection with the Indebtedness or in connection with the Creation of new or additional loans or obligations; (c) to resort for payment or to proceed directly or at once against any person, including Borrower or any Other guarantor; (O) to proce®d directly against or exhaust any Collateral. hold by Lender from Borrower, any other guarantor, or any other person; (e) t0 give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower Or to comply with any 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 sny kind, Or at any time, with respect to any matter whatsoever. If now Ot hereafter (a) Borrower shall be or become insolvent, rind (b) the indebtedness shall not at aA times until paid be fully secured by Collateral pledged by 8orcower, Guarantor hereby forever waives and retinquishos in laver of Lender end Borrower, and their respective Successors, any Claim or right to payment Guarantor may now have or hereeNer' have or acquire against Borrower, by subrogation or otherwise, so that at no time shell Guarantor be or become a "creditor' of Borrower within the meaning of 11 U.S.C. section 547(b), or any successor provtslon of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses arising by reason of (d) any "one action" or "anti-deflCiCncy" law or any other law gihich may prevent Lender from bringing any action, including a Claim for doficiancy, against Guarantor, before or after Lender's commencement or completion Of any }oredosuro action, either Judicially or by eaerefse of a power of sale; (b), any election of remedies by Lender which destroys or otherwise adversely effects Guarantor's subrogation rights or Guarantor's rlghts.lo proceed egalnst Borcower for reimbursement, Including without limitation, any lass of rights Guarantor may suffer by reason of any taw limiting, qualifying, or dlsCherging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's Ilabtllry from any cause whatsoever, other than payment in full In Iggal tender, of the Indebtedness; (d) any right to Claim discharge of the Indebtedness on the bas1S Of unjustified impairment of any Collateral for the Indebtedness; (e) any Statute of limitations, if at any time any actlon or suit brought by Lender egalnst Guarantor is Commenced there is oulstending Indebtedness of Borrower to Lender which is net barced by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in equHy other than actual payment and performance of the Indebtedness. If payment iS made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced !o remit the amount Of that payment fo Borcowers trustee in bankruptcy or to any Similar person under any federal or stela bankruptcy law or law for the relief of debtors, the Indebtedness shall bo Considered unpaid for the purpose of enforwmant of this Guaranty. Guarantor further wives and agrees not to assert or claim at any time any deduCtlons to the amount guaranteed under this Guaranty far any Balm of setoff, counterclaim, counter demand, recouprnent or similar right, Whether such claim, demand or right may be asserted by the Harrower, the Guarantor, or both, GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences end that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. I} any Such waiver iS determined to be Contrary t0 any applicable law or public poflry, such waiver shall be effective only to the extent permitted by law or public policy. LENDEq~S RIGHT OF Sf;TOFF. In addition to eN hens upon and rights of setoff egalnst the moneys, securities a other property of Guarantor given to Lender by law, Lender shell have, with respect to Guarantor's obligations to Lender under this Guaranty and t0 the extent permitted by Isw, a contractual security Interest In and a right of setoff against, and Guarantor hereby assigns, conveys, delivers, pledges, and transfers to Lender all of Guarantor's right, title and Interest in and to, all deposits, moneys, Securities and other property of Guarantor now Or~hereafter In the possession of or on deposit with Lander, whether held in a general or special aCCOUrtt or deposit, whether held Jointly with someone else, or whether held for safekeeping or otherwise, eucCluding however all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon Or Welke to Guarantor. No security interest or right of Setoff shall be deemed to have been waived by any act of Conduct On the part of Lender or by Any neglect to exercise Such right o! Setoff or to enforce SUCK security interest or by any delay in so doing. Every right of Setoff and security interest Shall continue in full force and eff~t until such right pf setoff or security interest i5 specifically waived or released by sn instrument in w~ting executed by Lender. SUBORDINATION OF BORROWER'S D®TS TO GUARANTOR. Guarantor Agrees that the Indebtedness of Borrower t0 Lender, whether now exfsUng ar hereafter Created, stlsll bo prior to any Claim that Guarantor may now have or hereafter acquire egalnst Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any Claim Guarantor may have against Borrower, upon any account whatsoever, fo 8ny claim that Lander may now or hor6eflgr have against Borrower. In the event of insolvency and consequent fiquidatlon of the ASS@t5 of 9orcower, through bankruptcy, by an assignment for the benAflt of creditors, by voluntary Ilquldatlon, or otherwise, the easels of Borrower applicable to the payment of the claims of both Lender and Guarantor shall bo paid to Lender and shall be first applied by Lender to Itta Indebtedness of Borrower !o Lender. Guarantor does hereby assign to Lender all claims which it may have Or acquire egalnst Borcower or against any assignee or trustee in bankruptcy of Borrower; provided however, that Such assignment Shall be el(eCNve only la the purpose of assuring to Lender fuN payment in legal tender of rho Indebtedness. If Lender so requests, any notes or credit agreements new or hereafter evidenCing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject tO this Guaranty and shalt be delivered to Lender. Guarantor agrees, and Lender hereby Is suthorl2ed, in the name of Guarantor, }rout time to time to execute and Hle financing statements and continuation statements and to execute Such other documents and t0 take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce Its rights under this Guaranty. M1SCElLANEOUS PROVISIONS. The following miscallaneoUS provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Refaled Documents, constitutes the entire understanding and Agreement of iho parties as to the mailers set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effeCthre unless given In writing and signed by the party or parties sought to be charged or bound by the eheration or amendment. Applicable l.aw. This Guaranty hoc been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there 15 a lawsuit, Guarantor agrees upon tier's request to submit to the Jurisdiction of tr~ carts of Cumberland County, Cammonweatth of Pennsylvania. This Guaranty shall . governed by and construed in accadanCe with the I~ of the Commonwealth of Pennsylvania. MAY-24-2007 11:06 COMMERCIAL LOAN DOCUMENTA 7177354764 P.O11 01-26-1999 COMMERCIAL GUARANT Page 3 Loan No 64000102 (Continued) Attorneys' Fees; Ocpenae9. Guarantor agrees to pay upon demand alt of Lender's costs and expenses, including attorneys' fees and 1-enders legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone also to help enforce this Guaranty, And Guarantor shall pay the costs and expenses of such enforcement. Costs end expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, Including attorneys' fees and legal expenses for bankruptcy proceedings (and Including efforts to modify or vacate any autOmaNc stay or injunction), appeals, and any anticipated post-judgmAnt ColleCllon services. Guarantor also shall pay ail Court costs and such additional less as may be directed by the court. Notice9. All notices required to be given by either party t0 the Other under this Guaranty shelf be In writing, may be sent by lelefaCSimile (unle~.s otherwise required by law), end shall bo effective when actually delivered or whop deposited with d netlonally recognized overnight Courier, or when deposited In the United States mail, first Class postage prepaid, addressed to the party (o whom the notice is to be given at the address Shown above or to such other addresses as either party may designate to thA other In writing. If there is more than one Guarantor, notice to any Guarantor wiB constitute notice to ell Guarantors. For notice purposes, Guarantor agrees to keep Lander informed at elf times of Guarantor's current address. Interprefatlon, In all cases where there IS more than one Borrower or Guarantor, then 811 words used in this Guaranty in the singular shall be deemed to have bean used In the plural where the context and COnstrUClfOn so require; and where there is more than 0~'1A Borrower named in this Guaranty or when Ihls Guaranty is executed by more Than one Guarantor, the words "Borrower" and "GuarantoP respectively shall mean ell and any one or more of them. The words 'Guarantor," "eorcower," and lender" lnelude the heirs, successors, assigns, and transferees of each of Them. Caption headings In this Gueranty.are for convenience purposes only and are not to be used to interpret or darns the provlslons of this Guaranty. if a court of competent lurlsdictlOn finds any provision of this Guargnty to be invalid or unon}orcaabla as to any parson or Clrcumstanea, such finding shall not render that prOv151on invalid or unenforceable a5 to any other persons ar circumstenCas, and all prONSIOnS Of this Guaranty in ail other respects shall remain valid and enforceable. I! any one or more of Borrower or Guarantor are COrporatlons or partnerships, it IS not necessary for Lender to Inquire into the powers of Borrower Or Guarantor or of the officers, dlrt3CtOr5, partners, or agents acting or purporting to act On their behalf, end any Indebtedness made or Created In reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Waiver. Lander shall not be deemed to have waived any rights under this Guaranty unless such waiver Is given In wrlNng and signed by Lender, No delay or omisslon on the part of Lender In exerClsing 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 pre~udlce 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 Lenders rights or of any of Guarantor's obllgaNOns as t0 any future tranS9Ctions. When9ver the Consent Of Lender is required under this Guaranty the granting of such consent by Lender In any instance shall not constitute conNnuing consent to subsequent instances where such consent Is required and in all cases such Consent may be granted or withheld in the 5016 discretion of Lender. DEFAULT INTEREST BATE. In the event of default for which Lender does not accelerate the Loan, Including the failure of Borrower to provide the flnanclal 5latem@nts a5 required hereunder or under the Loan Agreement, the applicable interest rate on the loan, for a period beginning three (3) days after written nodce of such default and ending upon the curing of said noticetl dafauft, shell increase one quarter of one percent (.2590 for the first thirty (30) days of said default and increase en additional one quarter (.2596) during each thirty (30) day period thereafter during which the nONCe default Continues. Such default Interest rates 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 InItIBJty agreed-upon interest rate effective on the date on which the defauR is cured. FINANCIAL STATEMENTS. Furnish Lender with, 85 soon ss available, but in no event later than one hundred twenty (120) days after the end of each fiscal year, Guarantor's personal tlnanClal statement and federal income tax return. All financial reports required to ba 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. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT 1N THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER R DEFAULT UNDER THIS GUARANTY, ANO WIl'H OR WfTHOUT COMPLAfNT FILED, AS OF ANY TERM. CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED 8Y LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE ANO ACCRUED INTEREST FOR COLLECTION, eUT tN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE t7CECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL 8E 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 OUE UNDER THIS GUARANTY. GUARANTOR HERESY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OA TO A HEARING IN CONNECTfON WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO IXECU710N OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTEtYT10N OR GUARANTOR HAS BEEN REPRESENTED 8Y INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVfS10NS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN AOD1710N, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY 1S EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF TMtS GUARANTY TO LENDER ANO 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 JANUARY Zs, 1999, THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARANTOR: Spankey' ,Inc ... ....w .:. ... ..............~....~. ey. ~~"~-' ..,ax • .. NY ..». r ~~~:: .:.~X,M„ .:.~. -"^~:awx:xut, M. ) ....... .........:... Don . L etl, Prestd t MAY-24-2007 11:07 COMMERCIAL LOAN DOCUMENTA 7177354764 P.012 v1-a.v-I:IiI:I VV~rllrll..tlVlr~L. ~aVMnMI~I i gage 4 Loan No 64000102 (Continued) /1 - ~ CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF j SS On thb, the ~ ~ day of . 19 ,before me ,the undersigned fypC~y PubG rs n red who scknowledped himself or h If to be "-~//`/ of Spankey~s Aulo Sales, Inc.. a corporation, end at a or she es such being authorized to do so, executed the forego(ng instr for the purposes therein contained by signing the name of the Corporation by himself or herself qs / In witness whereof, I hereunto set my hand And official seal. Notary Public fn snd -or the~tate o! LASEri PRO, Rep. U.S. Pat, d T,M. Of1., Vs-. ~.26a (e) t 998 CFI ProSsrvwoa, Ina. All rlpnta raaerved. (PA-l:20 SPANKEY6,LN gS.OVLI Notarial Seal UndB H. 7Jdtor, Notary Publk SusQuahanna Twp., Dauphin Coon My Commissipn Expires Sept 23, 2002 TOTAL P.012 Nair inquiry Next Display d~e+;e+ t-I..an fht~ , ,.Maintainabie.Fleld M~r~u ac: t i~~ ~ . -may > t~rro DES' . Balance Data ~ ~ ~ ~R1 B PEtl1SYLV~NIR BUSIIESS TF~T ~ Noteamount : 1;100,t18E1`.OEI ~Dt]f~LD_~LEi~iETT~Tf~1STEE Principal fJalance .. fi30,6A3,13 7t3] E LOL7a~T 5T ' Interest balance 2,285.0E ~q~1IGS81-ERG FA 17~ ~p,+0 ~ 5->`i'H7 632,3. iri' Arad for dish .BQ Cnnia~-r,(`ftle -.--,~...~----~--~-» Interest Data T+9x fG ?3-2t3]~ ~ ~ ?1:-73~-~7?7 HomepF3one ~ Intrate P+ 1.Ck~f1 >~ R 5.i58h, ~ Busines, phone ?17-i3, 77?I Daily int Factor ~, ~~ Dff~ce~ ~ 27x7 - interestpaiclYTU' 15,57H>7A` ,Next Payment Data Dates 5-81-A7 Next duednre tJ ote d ate 1-26-99 ~ 9, X3.11 Nextpmtamount Le~stren~wed ;, Total pest due arrt ~ ~ Maturry date ' 2-ot-14 _ Sold-Data L~ t alive 5-9~-07 ~ Lastpai~~ instaGma;it 5-Q1-B7 tage sold,: .0893 P ~Inlerast paid-to date 5-92-07 ~ ~ Tots! sold - ~~~ 111 f, . ~ j 5,~5J2Q~~~ ; t~PRDE40>33F f L148ROOt1E (3546) ( 58-0705-x' `. j 4;U6:28 PM VERIFICATION I, DAVID W. PREVOST, Vice-President/Special Assets Officer, of PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. PENNSYLVANIA STATE BANK, Division of BLC BA , N.A. V, David W. Prevost Vice-President/Special Assets Officer Dated: ~ ~'~o~ L~ ~ A~ O~ ~~, a n c_ ~' c, ) _.:, + 1 .~ ~, .::; f _ . f' : [`. --..+ /~ W W 0 -~ R ~ ~ T7'1 o -~-~T'1 ~~ PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. SPANKEY'S AUTO SALES, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CONFESSED JUDGMENT PLAINTIFF'S AFFIDAVIT/AVERMENT CONFESSION OF JUDGMENT FOR MONEY (x) Pursuant to Pa. R.C.P. No. 2951(1)(2)(ii), Icertify that this judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. (a) A consumer credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. CONFESSION OF JUDGMENT FOR CONFESSION OF REAL PROPERTY () Pursuant to Pa. R.C.P. No. 2971(1)(1), I certify that this judgment is not being entered against a natural person in connection with a residential lease. The above certification is made subject to the penalties of 1 a S. 904 relating~t-o-~unsworn falsification to authorities. ~ ~,-, Dated: May 25, 2007 v -" - v 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 °ca ~~ a m~ ' s-ri r :: .~.J, .,,,~ r ~. ~, ~ ` ~' _' ~- © t. _ , ~~ ~ ~ `~- r~ ~~' i' _..- PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. SPANKEY'S AUTO SALES, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: SPANKEY'S AUTO SALES, INC., DEFENDANT A Judgment in the amount of $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 ~ -~ ~ . s ~- ~ . m r ; .-,-, _~ ~.c ~ ~, W ~ ~ UG .'j ~~" i_. © " 7 C `i T_ L ~ Y {~ Y W - ~ Z PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. SPANKEY'S AUTO SALES, INC Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O'7, 3~~ ~lV~~,,~ 4 l :CIVIL DIVISION -LAW CONFESSED JUDGMENT TO: SPANKEY'S AUTO SALES, INC., Defendant You are hereby notified that on I 'L,a.~~_, 2007, Judgment by confession was entered against you in the sum of $696,220.95 m the above-capti ed case. DATE: /~.a.,~ ~~ 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A., now by merger PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. SPANKEY'S AUTO SALES, INC. Defendants N0.2007-3231 : C7 c N ~ ~ `' .~ ~ ,~ --i -+ -~ rn : "C ~ -~- `Tl ~' ~ c~ r~s ~P' ~ ~ c, CIVIL ACTION - L~ °• ma --~~``i ~ o ~~ PARTIAL RELEASE OF 3UDGMENT LIEN WHEREAS, on May 34, 2007, Judgment was entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of Cumberland County at No. 2007-3231; 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 3udgment, 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. ,~S.oo ~~~' e~ ~4sai-77 r2~'-as'o~ag IN WITNESS WHEREOF, the Undersigned executed this Partial Release this 19 day of October, 2010. PNC BANK, NATIONAL ASSOCIATION By: Brett A. ertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS.. On this, the ~ day of October, 2010, before me, the undersigned officer, personally appeared Brett A. Bertoli, who acknowledged himself to be the Vice President of PNC Bank, National Association, who being authorized to do so, executed the foregoing instrument for the purposes therein contained as such officer. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal the day and year aforesaid. C1~'zrrtc._e.. Notary Public My Commission Expires: 6~~aa~~- ~onn~roNweA~rH o~ P ENNSYI-VANIA Notagal Seal Connie Bixlar, Notary Publk M Min ~ •~ Lancaster Cou ~. 31, 2012 aHa ~aaodatlon of Notaries . • 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.