HomeMy WebLinkAbout07-3232Robert 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.
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 ............................... $ 630,643.13
Interest Amount Due @ 7.45% 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 Defendants
Prothonotary
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.
CIVIL DIVISION - LAW
: 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 3070109.wpd:25May07 1
4. In an effort to induce Plaintiff to extend credit to the business operating as Spankey's
Auto Sales, a Pennsylvania Business Trust, Donald B. Leggett, Trustee, on or about January 26,
1999, Defendants did execute an a Commercial Guaranty as a guaranty of payment on a principal
Note in the amount of One Million, One Hundred Thousand ($1,100,000.00) Dollars. A true and
correct copy of said Commercial Guaranty is attached hereto, marked as Exhibit "A" and made a part
hereof.
5. As a furtherance of their Guaranty, Defendants did also initial and sign a Disclosure
for Confession of Judgment in favor of Plaintiff. A true and correct copy of said Disclosure for
Confession of Judgment is attached hereto, marked as Exhibit "B" and made a part hereof.
6. The attached Commercial Guaranty has not been assigned.
7. Judgment has not been previously entered on the attached Commercial Guaranty in
any jurisdiction.
8. The business known as Spankey's Auto Sales, a Pennsylvania Business Trust, Donald
B. Leggett, Trustee, is indebted to Plaintiff in the principal amount of Six Hundred Thirty Thousand,
Six Hundred Forty-Three Dollars and Thirteen Cents ($630,643.13), for which no payment has been
received when due and payable, which constitutes a default, whereby Plaintiff exercises its option
F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp leggett gty 3070109.wpd:25May07
MAY-24-2007 11:05 COMMERCIAL LOAN DOCUMENTA 7177354764 P.005
COMMERCIAL GUARANT.
Guarantor: Donald B. Leggett and Melissa M. Leggett
150 E. Lauer Lane
Camp MII, PA 17011
AMOUNT OF GUARANTY. This Is a guaranty of payment of 100.000% of the Note, Including without limitation the principal Note amount of One
Million One Hundred Thousand & 00/100 Dollars ($1,100,000.00).
GUARANTY, For good and valuable consideration, Donald B. Leggett and Melissa M. Leggett ("Guarantor") absolutely and unconditionally
guarantee and promise to pay, jointly and severally, to PENNSYLVANIA STATE BANK ("Lender") or Its 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 Sales, 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 which portion of Borrower's Indebtedness to Lender 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 Donald B. Leggett and Melissa M. Leggett, who are signing this Guaranty jointly and severally.
Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated January 26, 1999.
Indebtedness. -The word "Indebtedness" means the Note, including (a) all prlnolpal, (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
include without limitation all of Lender's attorneys' fees and Lender's legal expenses, whether or not suit is instituted, and attorneys' fees and legal
expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated
post-judgment collection services.
Lender. The word 'Lender" means PENNSYLVANIA STATE BANK, Its successors and assigns.
Note. The word "Note" means the promissory note or credit agreement dated January 26, 1999, In the original principal amount of
$1,100,000.00. 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 and Include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other Instruments, agreements and
documents, whother now or hereafter extsting, executed in connection with the indebtedness.
MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time 100.000% of the amount of the
indebtedness described above, 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 Ilablilty 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, the rights of Lender under all guaranties
shell be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The
liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
NATURE: OF GUARANTY. Guarantor Intends to guarantee at all timers 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 this Guaranty. The obligations of
Guarantors shall be joint and several. Lender may proceed against any of the Guarantors individually, against any group of Guarantors, or against all
the Guarantors in one action, without affecting the right of Lender to proceed against other Guarantors for amounts that are covered by this Guaranty.
Any inability of Lender to proceed against any Guarantor (whether caused by actions of a Guarantor or of -Lander) will not affect Lender's right to
proceed against any or all remaining Guarantors for all or part of the amounts covered by this Guaranty.
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 have been fully and finally paid and satisfied and all other
obligations of Guarantor 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 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 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 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.
Indebtedness, and exchange, enforce, waive,
original loan term; (c) to take and hold security for the [17 nt At Itho
subordinate, rail or tlecide not to perfect, and release any he substitution of new collateral; (d) to release,
substitute, agree not to sue, or deal with any one or more ers, or other guarantors on any terms or In any
manner Lender may choose; (e) to determine how, when aand credits shall be made on the Indebtedness;
(f) to apply such' security and direct the order or manner olimitation, any nonjhdlcial sale permitted by the
terms of the controlling security agreement or deed of trustdetermine; (g) to sell, transfer, assign, or grant
partlcipatlons In alt or any part of the Indebtedness; and (n) ty In whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Go Lender tha
t (a) no representations or agreements
of any kind have been mado to Guarantor which would limit or cualifv in anv wav the tams of this (;narnnty /h? thl't (4#-Anh, iC own-stmA of
Borrower: Spankey's Auto Sales, A Pennsylvania Business Lender: PENNSYLVANIA STATE BANK
Trust Cumberland Parkway
Donald B. Leggett, Trustee 91 Cumberland Parkway
701 E. Locust Street Mechanicsburg, PA 17065
Mechanicsburg, PA 17055
MAY-24-2007 11:05 COMMERCIAL LOAN. DOCUMENTAI 7177354764 P.006 rdgt: `
Loan No 64000102 (Continued)
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; (a) Guarantor has not and will not, without the prior written consent of Lender,
sail, lease, assign, encumber, hypothecale, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any Interest therein; (f) upon
Lender's request, Guarantor will provide to Lender financial and credit information In form acceptable to Lender, and all such 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 maleHal respects and
fairly present the financial condition of Guarantor as of the dates the financial Information is provided; (g) no material adverse change has occurred in
Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may
materially adversely affect Guarantor's financial condition; (h) no litigation, claim. Investigation, administrative proceeding or similar action (including
those for unpaid taxes) against Guarantor is pending or threatened; (I) Lender has made no representation to Guarantor as to the creditworthiness of
Borrower: and 0) Guarantor has established adequate means of obtaining from Borrower on a continuing basis Information regarding Borrower's
financial condition. Guarantor agrees to keep adequately Informed from such means of any facts, events, or circumstances which might in any way
affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information
or documents acquired by Lender In the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. 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, protest, demand, or notice of any kind, including notice of any nonpayment of the
Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaetfon on the part of Borrower, Lender, any surely, 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; (d) to proceed directly against or exhaust any
collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to 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; (1) 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
matter whatsoever.
If now or hereafter (a) Borrower shall be or become Insolvent, and (b) the Indebtedness shag not at all times until. paid be fully secured by collateral
pledged by Borrower, Guarantor hereby forever waives and relinquishes in favor of Lender and Borrower, and their 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 shag
Guarantor be or become a 'creditor' of Borrower within the meaning of 1 t 'U.S.C. section 647(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 'anil-deficiency" 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 exercise of a power of sale; (b) any election of remedleS by Lender which destroys or otherwise adversely
affects Guarantor's subrogation rights 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 disability or other defense of Borrower, of
any other guarantor, or of any other person, or by reason of the cessation of Borrowers 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, 11 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 (0 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 party, on the Indebtedness and thereafter Lender is forced 10 remit the ainount 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
enforcement of this Guaranty.
Guarantor further waives and agrees not to assert 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 the waivers sat 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 do any applicable law or public policy, such waiver shall be effective only to the
extent permlded by law or public policy.
LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to
Lender by law, Lender shall have, with respect to Guarantors obligations to Lender under this Guaranty and to the extent permitted by law, a
contractual security interest in and a right of setoff against, and Guarantor hereby assigns, convoys, 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,hereafier in the pOSSession of or
on deposit with Lender, whether held in a general or special account or deposit, whether held jointly with someone also, or whether held for
safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such Security interest and right of setoff may be exercised
without demand upon or notice to Guarantor. No security interest or right of setoff shall be doomed to have been waived by any act or conduct on the
part of Lender or by any neglect to exercise such right of setoff of to enforce such Security interest or by any delay In So doing. Every right of setoff and
security interest shall continue In full force and effect until such right of setoff or security interest Is specifically waived or released by an instrument in
writing executed by Lender.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness Of Borrower to Lander, whether now
existing or hereafter created, Shall be prior 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 Ilquidation 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 applied by Lender 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 effective only tot 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 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 Lender. Guarantor agrees, and Lender
hereby is authorized, In the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute
such other documents and to take such other actions as Lender 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, togr•"r with any Related Documents, constitutes the entire derstanding and agreement of the parties as to the
matters sat forth In this Guaranty. Iteration of or amendment to this Guaranty shall be :ive unless given in wrlfing and signed by the party
or parties sought to be charged Or L and by the alteratlOn or amendment.
MA'Y-24-2007 11:05 COMMERCIAL LOAN DOCUMENTA 7177354754 P.007
01-26-1999 COMMERCIAL GUARANTN Page 3
Loan No 64000102 (Continued)
Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a
lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of
Pennsylvania. This Guaranty Shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon domand all of Lenders costs and expenses, including attorneys' fees and Lenders
legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may 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 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 automatic stay or injunction), appeals, and any anticipated posHudgment collection services. Guarantor also shall pay all court costs
and such additional fees as may be directed by the court.
Notices. All notices required to be given by either party to the other under this Guaranty shall be In writing, may be sent by telefacsimile (unless
otherwise required by law), and shall be effective when actually delivered or when deposited with a nationally recognized overnight courier, or
when deposited In the United States mail, first class postage prepaid, addressed to the party to whom the notice is to be given at the address
shown above or to such other addresses'as either party may designate to the other in writing. If there is more than one Guarantor, notice to any
Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's
current address.
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 where 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 Shan 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. Caption headings in this Guaranty are for convenionce purposes only and are not to be used to interpret or define the provisions of this
Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance,
such finding Shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty
in all other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations or partnerships, it IS not
necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or 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 undor.this
Guaranty.
Waiver. 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 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 Lander 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 Lenders rights or of any of Guarantor's obligations as to any future transacilons. Whenever the consent of Lender IS required
under this Guaranty, the granting of such consent by-Lander 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.
DEFAULT INTEREST RATE. In the event of default for which Lender 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 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 (•2596) for the first thirty
(30) days of sald default and increase an additional one quarter (.2596) during each thirty (30) day period thereafter during which the notice default
continues. Such default interest rates shall apply to the outstanding principal balance of the Loan. Upon the outing of the noticed default, the interest
rate on the Loan shalt revert to the initially agreed-upon Interest rote effective on the date on which the default Is cured.
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 financlal statement and federal income tax return. AN 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.
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 A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR
ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL- ACCRUED INTEREST, LATE
CHARLES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY 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 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, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO
EXECUTION OF THE 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 AMD
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 JANUARY 26, 1999.
THIS GUARANTY HAS SEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GUARANTO
a.:..
vim... ::x?::: °;,........ ,,:.,.,.... ..:........„....:?:;:::.. `??t .:?:•:::-::?;
eggett Metlssa M. Leggett
MAY-24-2007 11:06 COMMERCIAL LOAN DOCUMENTA 7177354764 P.006
Loan No 64000102 (Continued)
STATE OF (1?11AOL--
COUNTY OF
INDIVIDUAL ACKNOWLEDGMENT
) rbs
On this, the day 1efore me theundersigned Notary Public, personally red D 8Legassa M. Leggett, kn tom (a satlsfa7ctoort van) t t he person
whose names are subscribed to the wi In instrurne nd acknowledged that they executed the same for te purposes n coot ' d.
In witness whereof, f hereunto set my hand and offleial seal. l
Notary Public In and for the State of
Lnacn rnu. Meg u,5. 1-At. A T.M. Off.. Ver. o-M (c)1999 CFI ProSwvlces, Inc. Ali rlghto reAerved. (PA-EZO 5PANKEYf.(.N R5.OVL.)
Notarial Sea)
Ueda H. Ztater, Notary Public
SusquahanndTWp., Dauphin County
My Commission Expires Sept. 23, 2002
MAY-24-2007 11:04 COMMERCIAL LOAN DOCUMENTA 7177354764
DISCM..JRE FOR CONFESSION OF :,JOGMENT
Guarantor: Donald B. Leggett and Melissa M. Leggett
ISO E. Lauer Lane
Camp Hit, PA 17011
P.004
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS 21,- -DAY OF VA_j , 19_?L, A GUARANTY OF A, PROMISSORY NOTE FOR
$1,100,000.00 OBLIGATING ME TO REPAY THAT AMOUN .
A. 1 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, 1 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 ENTERIN GHENT AINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT
PROVISION. INITIALS::«1/7l
8. 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, 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.
HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED 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, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE
RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LEND 'S EX CUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY
APPLICABLE STATE AND FEDERAL LAW. INITIALS:
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:
INITIALS '
001, 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 510,000; 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 HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
AFFIANT:
B.
M. Leggett
(SEAL)
LASER PHO, Rep. U.S. PAL. S T.M. Off., Ver. 3.26&(c) I$N CFI Pr0SOrV1ces, Inc. j PANKEYB.LN NS.OVL)
Borrower: Spankey's Auto Sales, A Pennsylvania Business Lender, PENNSYLVANIA STATE BANK
Trust Cumberland Parkway
Donald B. Legged, Trustee 91 Cumberland Parkway
701 E. Locust Street Mechanicsburg, PA 17055
Mechanicsburg, PA 17055
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Basic NOte Data Maintainable. Field
Note number 04 080182 a0 G 01 Short name Si'R1 WYG- RUTSskE
MEMOAGTNE M. Customer Data
Balance Data- ---- --- ..?...« q%WEY'S AUTO SALES
Note amount 1,180, ],08 3T R Pe#GYL'VRNIR BUSINESS TRUST
Principal balance 630,643.13 1? 1M11 U B LEGGET I TRUSTEE
Interest balance
2
285
81 281 E LQCt1ST ST
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P/0 5-25-87 632,928.14
Avail for disb M Gontaci{Title
Interast Data Tax ID 23.2131896
Int rate P+ 1.0000 8 5:7588 Home phone 717-737-7777
Deily intfactor 99.347890 Business phone 717-737-7777
Interest paid 1rTD 15,578.74 Officer 2747
Dates Next Payment Data
Note date-
1-26-99 Next due date 6-01-07
Last renewed Next pmt amount 9,333.11
Maturity date 2-01-14 Total past due arnt .00
Lest active 5-82-07 - Sold Data
Last paidinstsPme^t 5-81-87 Percentage` sold Q0w
interest paid-to date 5-02-07 To
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ERIFICATION
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 B K, N.A.
kCCfkV1 R
David W. Prevost
Vice-President/Special Assets Officer
Dated: '? Q7
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PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS
Division of BLC BANK, N.A. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 07-?a3? l:Cuc l,, /
DONALD B. LEGGETT and MELISSA : CIVIL DIVISION - LAW
M.LEGGETT
Defendants : 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.
???????????????
The above certification is made subject to the penalties of 18 Pa. § 4 r lating 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
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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.
: 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 $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
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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. 67^ 3ZI.Z
CIVIL DIVISION - LAW
: CONFESSED JUDGMENT
You are hereby notified that on , 2007, Judgment by confession was entered
against you in the sum of $696,220.95 in the above-captioned case. n
DATE:_1?Y 2007
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YdU 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
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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.
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 $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
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PENNSYLVANIA STATE BANK,
Division of BLC BANK, N.A.
Plaintiff
V.
DONALD B. LEGGETT and MELISSA
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-2.2.3.2 l.lc Z(c7;ri 41
: CIVIL DIVISION - LAW
M.LEGGETT
Defendants : CONFESSED JUDGMENT
TO: MELISSA M. LEGGETT, Defendant
You are hereby notified that on /LSv )e) , 2007, Judgment by confession was entered
against you in the sum of $696,220.95 in the above-cap 'oned case.
DATE: .2007
Prot onotary
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
s
Robert D. Kodak, Attorney for Plaintiff
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PENNSYLVANIA STATE BANK, NO. 2007-3232
Division of BLC BANK, N.A., now by merger
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
V. zz?t,
DONALD B. LEGGETT and MELISSA M., S
LEGGETT
Defendants
CIVIL ACTION
LAW
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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. 2007-3232; 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.
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IN WITNESS WHEREOF, the Undersigned executed this Partial Release this day
of February, 2010.
PNC BANK, NATIONAL ASSOCIATION
By:
Brett A. Bertoli
Assistant Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS..
On this, the 1 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.
" No ary Public
My Commission Expires: 0/ ik
. 01
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. 2007-3232
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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. 2007-3232; 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, f'or 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.
X8.00 NO ATM
e* 19 -115570
0,2 L1 7qSI
IN WITNESS WHEREOF, the Undersigned executed this Partial Release this 19 day
of August, 2010.
PNC BANK, NATIONAL ASSOCIATION
By: ?-"
Brett A. Bertoli
Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 2(Z-0 6C.c? K -
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..
Notary Public
My Commission Expires: C1 111110,0,0-
COMMONWEALTH UF° PENNSYLVANIA
Nota,ial Seal
Connie Birder, Notary Public
Manheim Twp., Lancaster County
My Commission Expires Jan. 31, 2012 9
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.