HomeMy WebLinkAbout07-3233Robert D. Kodak, Esquire
Supreme Court LD. 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. ~'~-3~.3.~ 1.-~uc 1, ~~a2-h'~,
SPANKEY'S AUTO SALES, INC.
Defendant
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 .............................. $ 338,711.98
Interest Amount Due @ 6.00% p/a ..................... $ 225.66
Attorney Collection Fees ............................ $ 33,871.98
TOTAL ................................/.~ . - - - - - - $ 372_SR'~.9~
Judgment entered as above.
Prothonotary
Robert D. Kodak, Esquire
Attorney for Defendant
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
. 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, Spankey's Auto Sales, Inc., is a corporation duly organized and existing
under the laws of the Commonwealth of Pennsylvania, with an office and place of business at 701
East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. In an effort to induce Plaintiff to extend credit to the business known as DBL, a
Pennsylvania Limited Partnership, Spankey's Auto Sales, Inc., General Partner (hereinafter "DBL"),
on or about February 11, 2004, Defendant did execute an a Commercial Guaranty as a guaranty of
payment on a principal Note in the amount of Three Hundred Seventy-Three Thousand
F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp spankeys gty 30701 l0.wpd:29May07 1
($373,000.00) Dollars. A true and correct copy of said Commercial Guaranty is attached hereto,
marked as Exhibit "A" and made a part hereof.
4. Defendant did further execute a Disclosure for Confession of Judgment on or about
February 11, 2004 and a true and correct copy of said Disclosure for Confession of Judgment is
attached hereto, marked as Exhibit "B" and made a part hereof.
5. The attached Commercial Guaranty has not been assigned.
6. Judgment has not been previously entered on the attached Commercial Guaranty in
any jurisdiction.
7. DBL is indebted to Plaintiff in the principal amount of Three Hundred Thirty-Eight
Thousand, Four Hundred Eighty-Six Dollars and Thirty-OTwo Cents ($338,486.32), for which no
payment has been received when due and payable which constitutes a default, whereby Plaintiff
exercises its option to declare the entire balance covered by the within Commercial Guaranty
immediately due and payable. Said principal balance due and owing by DBL to Plaintiff is set forth
on Plaintiff's Note Inquiry attached hereto, marked as Exhibit "C" and made a part hereof.
8. Pursuant to the terms of the Commercial Guaranty attached hereto at Exhibit "A" and
made a part hereof, Defendant is further indebted to Plaintiff for interest in the amount of Two
F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp spankeys gty 3070110.wpd:29May07 2
Hundred Twenty-Five Dollars and Sixty-Six Cents ($225.66), as also set forth on Plaintiff s Exhibit
"C" attached hereto and made a part hereof. Said interest continues to accrue at the rate of Six
(6.00%) percent per annum from May 25, 2007.
9. Pursuant to the terms and conditions of the Commercial Guaranty attached hereto as
Exhibit "A" and made a part hereof, Defendant is further liable for attorney's fees which have been
added to said account in the amount ofThirty-Three Thousand, Eight Hundred Seventy-One Dollars
and Ninety-Eight Cents ($33,871.98).
10. In spite of Plaintiff s frequent demands, the Defendant continues in default under the
aforesaid obligations.
11. By virtue of the foregoing, the Defendant is indebted to the Plaintiff as follows:
Principal Amount Due .............................. $ 338,711.98
Interest Amount Due @ 6.00% p/a ..................... $ 225.66
Attorney Collection Fees ............................ $ 33,871.98
TOTAL ........................................... $ 372,583.96
12. By reason of all of the aforesaid and further by the attached instrument and the default
of DBL, Plaintiff is entitled to Judgment against the Defendant in the sum of Three Hundred
F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp spankeys gty 3070110.wpd:29May07 3
MAY-24-2007 11:16 COMMERCIAL LOAN DOCUMENTA
..COMMERCIAL GUARANI •;
7177354764 P
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Raforences to the Shaded azAny rtem ab~ovea~^~In nMy andhas bean o~m R d du~c torte ten ~thdl>mita~s~ any part~cu ar can or
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1N: Lender: PENNSYLVANIA STATE BANK
Borrower: DBL, a Pennsylvania Llmlted Partnership (T Woat Hanover Financial Center
25.1ti48185) 7040 Jonestown Road
701 E Locust Street Harrisburg, PA 17112.3634
Mechanicsburg, PA 170 (7~7) 820.9900 •
Guarantor: Spankay's Auto Safes, Inc. (TIN: 21-';~0~0~1)
701 E locust street
Mechanicsburg, DA 17055
AMOUNT OF GUARANTY. This is d guaranty of payment of the Note, Including without Ilmttatton the principal Note amount of Throe Hundred
Seventy-three Thousand &00/100 Dollars (5373,000.00). •
G om acs Fo`ogooNNSY VANIA STATE BANK ('Londerej orAlS order In (legal tenuder of the Unl~tod States of Amer'-ta, the Indebt ne9s ( 9
pr ICY
that term Is defined below) 01 DBL, a Pennsylvania Llmked Partnership ('Bonowor") to Lender on the terms and condltlons set torch in th s
Guaranty. •
MAXIMUM LlABILI'YY. The maximum liability Of Guarantor under this Guaranty shall not exceed et any one time the amount of the Indebtedness
described herein, plus all costs and expenses of (A) enforcement of this Guaranty and (B) coftection and Sale of any'collateral securing this Guaranty.
The above limitation On liability Is not a restrictkxt on the amount of the Indebtedness of Borrower to Lender aitller in the aggregate or at any one time.
If Lender prasenUy hdds one or more guaranties, or hereaft orvlcded bolowatoothe contrary) affect ortinvalidateLanySuch of or guaranties- Guarantor's
be eumuladve. This Guaranty Shall not (unless specifically p
liability will be Guarantor's aggregate IiabUlry under the terms of this Guaranty and any such other unterminated guaranties.
INDEBTEDNESS GUARANTEED. The Indebtedness guaran~eedolby~h~G~ ~ ~ e ~~~e reefing to the9N(otealorp~ nanpYlcolbdterdln[or the Note.f
late charges, (d) all loan fees and loan charges, and (e)
Collec5on costs and expenses include without limltatian all o} Lenders attomAys' fees' nee by Lender, or any notice
DURATION 4F GUARANTY. This Guaranty wUl take effect when received by Lender without the necesslry of any accepts
to Guarantor or !o Borrower, and will continue In full force until all Indebtedness shall have been fully and finally paid and satisfied and all of Guarantors
other obligations under this Guaranty shall have been performed in fu(I, Release of any other guarantor or termination of any other guaranty of the
Indebtedness shalt not affect the liabiity of Guararnor under this Guaranty. A revoeatbn Lender receives from any one or more Guarantors shall'not
affect rho liablity of any remaining Guarantors under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor autlwrizes Lender, without notlCO or demand and without lessening Guarantor's
liability under this Guaranty, from time to limo: (A) to make one or more addltlonal secured or unsecuredioanW t a~ondowe~el~ ~° ~~ ~ er
other goods to korrower, or otherwise to extend' additional credit to Borrower, (B) to ahR Ot the~tdobtedness, including increases and decreases
Change one or more tinter the time for payment or other terms of the Indebtedness or any Pa ~ take artd hold
of the rate of interest ~ the Indebtedness; extertsbns may be repeated and may bn for longer than the original loam term; (C)
security for the payment Ot this Guaranty or me Indebtedness, and exchange, enforce, waive, subordinate, fail of decide noCto perfect, and release any
such sxurity, with or without the substitution of new collateral; (D) to release, substitute, agree l~ too determ eAlh°w, wh n a d "vt'9eaP~~atlon of
sureties, endorsers, or Other guarantors on any terms Ot In and mannes~end~eruma ~c~sre~ the order or manner of Salo thereof, inCltxtktg whhout
payments and credits shall be made on the Indebtedness (F~ apply tY.
Ilm(tition, any nonjudiCial Sale permitted by the terms of the contrdling security agreement or deed of trust, as tender In Its discretion may determine;
(G) to soil, transfer, assign or grant participations in all or any part of the indebtedness; and (H) to assign or transfer this Guaranty in whale or in part.
GUARANTOR'S REPRESENTATIONS AND. WARRANTIES. Guarantor represents and warrants ~ Lender that (A) no representations of agreements
of arty kind have bean made to, Guarantor whiCtt would limit or qualify in any way the terms of this Guaranty; (B) this Guar Dry lath oxMO ~t~
Borrower's request and not at the request of Lender, (C) Guarantor has full power, right and autltorlty to enter into this Guaranty; ( )
of this Guaranty do not conflict with or resuh In a default under any agreement or other instrument binding upon Guarantor and do not result in a
vidation Of any law, ragulafion, court decree or Order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of
Lander, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantors assets, or any Interest therein;
(F~ upon Lender's request, Guarantor will provide to lender financial and credit informaton In form acceptable to Lender, and all such flnartelal
Inforrnatan which currently has been, and sU future financial information which will be provided to Candor is and wilt be true and correct in all material
respects and fairly present Guarantor's ftrtartcial condition as of the dates the financial information Is provided; (G) no rnatarkll adverse change has
oCCUrred In'Guarantors financial condition Since the date of the most recent financial statements provided to Lender and no event has occurred which
may rtuatarlally adversely affect Guarantors financial condition; (H) no litigation, claim, irnestigatiOn, adminlsvativE proceeding or simUar action
(including those for unpaid taxes) against Guarant0/ iS pAnding or threatened; (Q Lender has made' no • representation to Guarantor as to the
Creditworthiness of Borrower; and (J) Guarantor has established adequate means of Obtaining from Borrower on a Continuing basis inforrriatlon
regarding Borrowers financial conditioq. Guarantor agrees to keep adequately Informed from such means of any facts, events, or elrCUmstarx:os which
might in any way affect Guarantors rl,ks under this 'Guaranty and Guarantor }uAher agrees that Londcr shall have no obligation to cllselose •to
Guarantor any Infom~ation or documents acqulr®d by Lander 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 landing money or to
extend other credit to Borrower; (8) to make any presentment, protest, demand, or notice 01 any kind, including notice of any nonpa~rnent of the
Indebtodne .:, or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, an ur endorser,
or other guarantor In connection with the Indebtedness or in connection with the creation of new or addltlonal loans or obligations; (Cln t~or exhaust
payment or to proceed dlrecdy or at once against any person, inclu ' arantor, (D) to proceed directly age
notice of the terms. time, and place of any public or
any Collateral held by Lender from Borrower, any other guarantor, ~ er applicable provisions of the Uniform Commercial
private sale of personal property security held by Lender from Bo ~ ion of ezny kind, or at any time, with respect to any
Coda; (F~ to pursue any other remedy within Lender's power; or
matter what; never. •.
and rho Indebtedness shAU not at all times until paid
In addition to the waivers set forth herein, if now or hereafter Bono ~ M favor of Lender end Borrower, and Candela and
bo fully secured by collateral pledged gy~f3orrowor, Guarantor here or hereafter have or acquire against Borrower, by
Hnrrower's respAGtive successors, env Claim or right to payme
MAYY24-2007 11:16 COMMERCIAL LOAN DOCUMENTA
7177354764 P.019
CpMMERC[AL GUARANTY page 2
Loan No: ssoooo7s (Continued) - __
subrogation or otherwise, So that at no time shall Guarantor be or become a "creditor" of Borrower within the m«>aning of 1 ~ U.S.C. section 547(b), or
Any successor provision of the Federal bankruptcy laws.
Guarantor also waN~ any and all rights or dofenses.srising by reason of {A) any "ono action" or "anti-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 comrnoncomont or completion of
any foreclosure action, either Judicially or by exercise of a power of sale; (8) any election of remedies by Lender which destroys or othewise adversely
affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without I'unitation, any lass of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the indebtedness; (C) any dwabifity or other defense of Borrower,
of any other guarantor, or of any other person, or by reason of the cessation of Borrower's tiabil'tty from any cause whatsoever, other than payment in
fuN in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjusYrfiod Impairment of any collateral for
the Indebtedness; (~ any statute of Ilmltatlons, K at any Gme any action or Suit brought by Lender against Guarantor Is Commenced, there is
otnstanding indebtedness of Borrower to Lender whlen is not barred by any applicable statute of limftatlons; or (~ any defenses given.to guarantors
at law or in equity other than actual payment and perfomtance of the Indebtedness. It payment is made by Borrower, whether voluntarily or otherwise,
or by any third party, on the Indobtodnoss end thereafter Lender is forced to remit the amount of that payment to Borrowers trwtee (n•bankruptcy or to
any. similar parson under any federal or state bankruptcy law or law for the relief of debtors, the fndebtadnoss shall be considered unpaid for the
purpose of the enforcement of this Guaranty.
Guarantor further waNes and agrees not to assert or claim at any limo any deductions to the amount guaranteed under. this Guaranty for any claim of
setoff, 'caunterclalm, 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 WfTH RESPECT TO WANEAS. Guarantor warrants and agrees that oath of the waivers set forth above is rnado
with Guarantors full knowledge of Ire slgnif~anco and consequences and tftat, under the circumstances, the waivers are reasonable and not contrary to
publ'~c pd~y or law. if any such waiver Is determined to bA contrary to any applicable law or public pdicy, such waNer shelf be effective only to rho
extern perrnltted by law or public pdiey.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR, Guarantor agrees that rho Indebtedness O} Aorrower to Lender, whether now
oxlstlng or hereafter created, Sha11 be superior to any Claim that Guarantor may now have or hereafter acquire agaatst Borrower, whether or not
Borrower becomes insolvent. 'Guarantor hereby expressly subordinates any claim Gusrarttor 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 consoqu®rtt Itquldatlon Of the assets
of Borrower, through bankruptcy, by an assignment for the benefit of credhors, by vduntary 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 shat( bo offecWo only for the purpose of assuring to Lender full payment in legal
tender of the Indebtedness, If Lender so requests, any notes or credit agreements now or hereafter evidencing any dobty 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 Is
hereby sumorized, in the name of Guarantor, from time to time to execute and fda flnancing statements and continuation statements antl to execute
such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce Ire rights under this
Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Guaranty:
Amendments. This Guarsrtry, together with any Rolataf Documents, conStlttrieS the entire understanding and agreement of the parties as to the
matters set forth In this Guaranty. No alteration of or amendment to this Guaranty shall be offoctNe unless gNen in writing and signed by the paM1Y
or parties sought to be charged or bound by the alteration or amendment
Attorneys' Pees; Expenses. Guarantor agrees to pay upon demand all of Lenders costs and expenses, including~Londors attorneys' fees and
Lenders legal expenses, incurred in connection with the enforcement of this Guaranty: Lender may hire or pay someone else to help enforce this
Guaranty, and Guarantor shall pay the costs and expenses of such enforcement Costs and expenses include Lenders attorneys' fees and legal
expenses whether or not there is a lawsuit, including attorneys' fops and legal expanses for bankruptcy procoodings (Inelutling efforts to modify or
vacate any automatic stay or injunction), appeals, and any antlclpatod postatxlgment collection services. Guarantor also shall pay ell court costs
and such additional fool as may bo directed by rho court.
Caption Ngdings. Caption headings In this Guaranty are for Convenience purposes only and are not to be used to interpret or define the
provisbns of this Guaranty.
Governing Law. Thie Guaranty will be 8overned by, construed and enforced In accordance with federal law and the laws of the
Commonwealth of Pennsylvania. This Guaranty has boon accepted by Lender In the Commonwealth of Dennsylvania.
tntegntion, Guarantor further agrees that Guarantor has read and fully understands the forms of this Guaranty; Guarantor ttas had the
opportunity to be advised by Guarantors attorney with respect to this Guaranty; the Guaranty fully ro8octs Guarantor's intentions and parol
evidence is not required to interpret rho terms of this Guaranty. Guaranmr hereby indemnifies and holds Lender harmless from all losses, claims,
damages, and costs (Including Lenders sttomcys' fogs) suffered or Incurred by Lender as a result of any broach by ~Guararrtor of ttto warranties,
representations and agroomonts of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shah be
deemed to have been used in rho plural where the context and cortstruCtbn do require; and where there is more than one Borrower named W d1i9
Guaranty or when this Guaranry'Is executed by more than one Guarantor, the words 'Borrower' and "Guarantor' respectively shall mean all and
any one or more of them. The words "Guarantor," "Borrower," and "Lender' include rho heirs, successors, assigns, and transferees of each of
them. If a court finds that any provision o1 mis Guaranty is not va~x1 or should not bo enforced, that fact by itself wiN not moan that the rest of this
Guaranty will not be valid or enforced. Tr+erefore, a court will enforce the rest of rho provlsbns of this Guaranty even M a provision of this Guaranty
may be found to be invalid or unenforceable. 1} any one or more of Borrower or Guarantor are corporations. partnerships, limited lisblllty
companies, or similar entries, ii is not necessary for Lender to inquire Into the powers of Borrower or Guarantor or of the officers, directors,
partners, managers, or other agents acting or purporting to act on their behalf, and any Losn indebtedness made or crested in reliance upon Me
professed exercise of such powers shalt be guaranteed under tnis Guaranty.
Notices. Unless otherwise provided by QpDlicaWe law, any notice required to ba given under this Guaranty shsN bo given In writing, and shall be
effective when actually delivered, when actually received by telefaCSlmNe {unless otherwise required by law), when deposited with a nationally
recognized overnight Courier, Or, K mailed, when deposited In the United Slates mail, as first class, certified or registered mail postage prepaid,
directed to the addresses shown near the beginning of this Guaranty. Any party may change Its address for notices under this Guaranty by giving
' formai.~written notice to the ocher parties. specifying that me purpose of the notice tv to chanr+a the party's address, For notice purposa^,,
Guarantor agrees to keep Lender inform- 'all times of Guarantor's current address. Unlesstt rwlso provided by applicable law, If there u
more man one Guarantor, any notice givei..y Lender to any Guarantor is deemed to be notice gNe....o all Guarantor,.
NO Walvrr by LnnAar. 1 on~iar shall nor tin rlaamari rn hove waivori env rlnnre nnr~or this r;ns.rann. nr`teaa c.+r•h u.a7„~. ~o ..".~~ ~~ ~•~•~~~~ ~-~+
MAY-24-2007 11:16 COMMERCIACOMMERCIAL GUARANTY
Loan No: 66000076 ~ (Continued)
71773547E4 P.021
Page- 3
signed by Lender. No delay or om~SSion on the part of Lendor In exercising any right shall operate as a walver of such right or any other right. A
waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Candor's right otherwise to demand evict compliance
with that provision or any other provision of this Guaranty. No prior walver by Lender, nor any course of dealing between Lendor and Guarantor,
shall constitute a walver of any of Lender's rights or of any of Guarantor's obligations as m arty future transactions. Whenever the consent of
Lender is roqulr6d under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to
subsequent Instances whore such wnscnt is required and In alt cases such consent may be granted or withheld in the sole tliscretion o(LAnder.
Successors and Assigns. The forms of this Guaranty 5ha11 bo binding upon Guarantor, and upon Guarantor's heirs, per~..onal representatives,
successors, and assigns, and shall be enforceable by Lendor and Its succe".,sors and assigns.
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 Agroerrtent, the applicable interest rate on the Loan, for a period beginning three (3) days
after written notice of Such default ancf ending upon the curing of Said noticed default, shall Inereaso one quarter. of one percent {25%} for the first thirty
(30) days- of said default and increase an additional onA quarter of onA percent (.25%) during each thirty (30)' day period thereafter during which the
noticed default continues. Such default interest rate shall apply to the outstanding principal balance of the Loan. Upon thA curing of the noticed •
default, the interest rate on the Loan Shall revert to the initially agreed-upon interest rate effective on the date on which default is cured.
FINANCIAL STATEMENTS. Furnish Lender with, as soon aS avaasblo, but In no event later than one hundred twenty (120) days after the end of each
fiscal year, Guarantor's p6rsonal financial statement and federal income tax return. All financial reports required to be provided under this Agreement
shall ba prepared in accordance with generally accepted accounting prlneiples, applied on conslst9nt basis, and eert~ed by Guarantor as being true
and correct.
DEFINITIONS. The following caphalized words and terms shall have the following meanings when used In this Guaranty. Unless specifically stated to
the cormary, all references to tidier amounts shall mean amourrts in lawful money of the United States of America. Words and terms used in the
singular shall incfudo the plural, end the plural shall Include the singular, as the content may require. Words and terms not otherwise defined in this
Guaranty shall have the meanings attributed to such terms in the Uniform CommerClel Code_
Borrower. The word "Borrower" means DBL, a Pennsylvania L'Krtitod Partnership and Includes all co-signers and co-makers signing the Note.
Guarantor. The word "Guarantor" means each and every person or onttry signing this Guaranty. Including without limitation Spankey's Auto Sales,
inc..
Guaranty. The word "Guaranty' rrtaans the guaranty from Guarantor to Lendor, Including without limitation a guaranty of aA or part of the Noto.
Indebtedness. The word "indebtedness" means borrower's indebtedness to Lentler ss more particularly described~ln this Guaranty.
Lender. 1'he word "Lender" means PENNSYLVANIA STATE BANK, Its successors and assigns.
Note. The word "Note" moans the promissory note dated February 11, 2004, in the original princfp'al amount of 53'73,000.00 from Borrower to
Lender, together with all renewals of, extensions of, modifk;atbns of, rofinanCings of, consolidations of, and substitutions for the promissory note or
agreorttent.
Related Documents. The words "Related Documents" mean all promissory notes, credit egreemonts, loan agreements, environmental
agreements, guaranties, secutiry agreements, mortgagee, deeds of trust, security deeds, collateral mortgages. and all other Instrurrtents,
agreements and documents, whether now or hereaher existing, exeCUted in connectan with the Indebtedness.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR
GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT
AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY
AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER
WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1096) OF THE UNPAID PRINCIPAL BALANCE AND ACCAUEO
INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) 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 6Y '
AFFIDAVR SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR
SHALL NOT BE EXHAUSTED BY ANY EXEgCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TOE TIME AND AT ALL TIMES UNTIL
PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO
NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATNE
OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BHEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL
FACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY ANO AGREES TO RS
TERMS. IN ADDITION. EACH GUARANTOR UNDEASTAN0.S THAT THIS GUARANTY 13 EFFECTIVE UPON GUARANTOR'S EXECU7tON AND
DELIVERY OF THIS GUARANTY 70 LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMfNA7EDi IN THE MANNER SET FORTH
iI~.THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
E('-FECTNE THIS GUARANTY IS DATED FEBRUARY 11.2004.
THIS GUARANTY IS GNEN UNDER SEAL AND 1715 INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GUARANTOR:
SPANKEY'S AUTO SALES, INC.
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• MAY-~24-2007 11:16 COMMERCIAL LOAN DOCUMENTA
7177354764 P.020
COMMERCIAL GUARANTY page 4
!.oan ~o: 66000076 (Continued) _ __
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CORPORATE ACKNOWLEDGMENT
OF PENNSYLVANIA
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COUNTY OF ~. t ~.~ ~ L.~eir .t wvt!i_1 ~ , -
` - - da of i ~ r ' r ZO . before me .V ! ~ ~~' " , ~ . ~~ CG- 'f V
On this, the y arm Wald B. L Ott, -roslde t of Span s ua
tho undersigned Notary Public, perso sty appo 099
Sales, Ina, who acknowledged himself or herself to be the President of Spa cey'e Auto Saieslina, of a corporation, anc~ that he or sho as such
Prositlent~of Sp2nkey's Auto Sales, Inc., tieing authorized to do so, executed the foregoing instrument for the purpose therein contained by Si9ninp
tf+e name of the corporation by himself or horsoif ss president of Spankey's Auto Sales, c..
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In witness whereof, 1 hereunto set my hand and official scat. , ~ .
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,MAY:24-2007 11:17 COMMERCIAL LOAN DOCUMENTA
DISCLO~ 'RE FOR CONFESSION OF
7177354.764
~'~DGMENT
P.025
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RoforenCes In the shaded area are }Or Lendot's use Ohl a^~~S ~enmom~tedpdus~ o tP~xt len nth 1 m~~ b ~Y ~
Any item e~bovo containing '
Lender: PENNSYLVANIA STATE BANK
BOtroWer: DE3L, a Pennsylvania Lfmite0 Partnership (TIN: West Hanover Finanelal Center
25-18411185) 7040 Jonestown Road
701 E. Locust Street Harrlaburg, PA 17112-3634
Mechanicsburg, DA 17055 rn~ 92o-ssoo
Affiant: Spankey's Auto Sales, Inc. (TIN: 21-s1o501 ~)
701 E LocustStreet
Mechanicsburg, PA 17055
DISCLOSURE FOR CONFESSION OF JUDGMENT
DAY OF +~ , 20~~ A GUARANTY OF A PROMISSORY NOTE FOR 537'3,000.0
I AM EXECUTING, THIS ~~
OBLIGATING ME TO REPAY THAT Aiaourrr• ~ _
A. t UNDERSTAND THAT THE GUARANTY CONTAINS TCONFESSIU NR 4N1'bDYGVIMTFEtGUT gQVANCE OTICET O ME AN ~WTTHOUT OFFER~G
BEING FULLY AWARE OF MY
JUDGMENT AGAINST MEIN COURT, AFTER A DEFAUL
ME AN OPPORTUNITY TO DEPEND AGAINST THE ENTRY OF JUDGMENT. • IN EXECUTING THE GUARANTY, _
RIGHTS TO ADVANCE NOTICE AND TO A HEARING TOAnO ~ WINGLY, INTELLIGENTLY, JAND VOLUNTAFiI~ WAIVING THESE ~ NHS'
MAY ASSERT AGAINST MI; UNDER THE GUARANTY _
INCLUDING ANV RIGHT TO ADVANCE NOTICE OF TH S p~YDED FOR N THEE CONFESSIO OF JUDGMENT PROV SION.~ TO LENDER'S
ENTERING JUDGME AGAINST ME BY CONFESSION
.... _
~~.... .
INITIALS: a;,'x:.•.... •.,:'.::"".'"'.":
B. I FURTHER UNDERSTAND THAT IN ADD(TTON TO GNING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD
PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OA A HEARING. TO EXECUTE ON THE
JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING DQS3ESSION OF OR OTHERWISE' SEIZING MY PROPERTY, IN
FULL OR PARTIAL DAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE
NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY,
INTELLIGENTLY AND VOLUNTARILY WANING THESE RIGHTS, AND (EXPRESSLY AGREE AND CONSENT TO LENDER'S iMMEDWTELY
EXEGUTING ON THE JUDGMENT, 1N ANY MANNER DERMfITED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GMNG ME ANY
ADVANCE NOTICE.
INITIALS: ~"-
C: AFTER HAVING READ AND DETERMINED WHICH OF T11E FOLLOWING STaTEMENTS ARE APPLICABLE, aND BY PLACING MY INITIALS
NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN•INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY.
2 A AEPRESENTATNE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY
70 MY ATTENTION.
D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS 510,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED tN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECENED A COPY A? THE TIME OF SIGNING.
NOi~ ~Ilf,~tlit`~
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Next Displag (~
µaintaittab(e Field
MEMO ACTI~fE M n ~~
.~-.BatatlCe I}ata ~ ~q R PE~ISYLVRMIA L~HITED PF~IT~.~IIP
Note amount 373,88(1.98 Zt3T E LOCllSF S7
Principal balance
338,Q66.32 . s
t~p~iICS~i'Pfl' I?~ '
Irterestbal'ance 2225.66
pip 5-25-87~ 338,11;98
Avail for dish ,8d Oontact~ide
TaxiD 25-1548185
lnierest Data-
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~ Home phone. Oe-C~eo 99ei3 -
Intrate 6'~
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~ 8u~iness.phona ~-~-~
Oaity intfadot ~ 56.414386
~ . ;Officer 2747 _~
irrterest paid `fTD 8;.761 "~~ ~ ~~..r_....--.. Next Payment Data
Dates "Nexiduedate 6-15-n7
~
.Note date 2-11-84 IVe?Q pmt amount ~ 2 ~ 6~ • ~
Lastranewed ~° ~ .Tate} pastdue emt :DO
Maturity date 2? 15 24
.
Said Data
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last alive 5-21.87
5-t5-87 '"
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Percentage sold - ..i
Lastpaid installment '`
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~')ntetesipaid~o date 5-21-8' •
~ Total sold
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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 B K, N.A.
~i
David W. Prevost
Vice-President/Special Assets Officer
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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
No. d7 - 3~ 3 3 ~~ ~ ~ L~~2.
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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 parry
to whom credit is offered or extended is a natural person and the money,
property or services which are the subj ect 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. 0 elating to unsworn
falsification to authorities.
Dated: May 29, 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.
SPANKEY'S AUTO SALES, INC
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-~~33 ~c~~L
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 $372,583.96 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, IN THE COURT OF COMMON PLEAS
Division of BLC BANK, N.A. :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
~. : No. D?', 333 ~t~~ L ~-~
SPANKEY'S AUTO SALES, INC. :CIVIL DIVISION -LAW
Defendant :CONFESSED JUDGMENT
TO: SPANKEY'S AUTO SALES, INC., Defendant
You are hereby notified that on ~v ~Z5 , 2007, Judgment by confession was entered
against you in the sum of $372,583.96 in the above-capti ed case. _
DATE: ~ ~ 2007
rot 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:
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
1N 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
N0.2007-3233 ~-, N °
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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. 2007-3233; 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.
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IN WITNESS WHEREOF, the Undersigned executed this Partial Release this ~ day
of October, 2010.
PNC BANK, NATIONAL ASSOCIATION
By: _ -~
Brett A. Bertoli
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.
Notary Public
My Commission Expires: D ~c3i/~~~~
4'.•OMArIONWEALTH OF PENNSYLVANIA
Notarial Seal
Connie BI~Qer, Notary Public
Manhaim Twp., Lancaster County
11R Commfasan Expkbs Jan. 31, 2012
em ennsylvanie AsaoclaUon aF 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 comer 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
31C, 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.