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07-3283
,~ ` s MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF E. MICHAEL PETERS and LORRIE C. PETERS and AGAPAO FLOWERS & GIFTS, INC. DEFENDANTS :CIVIL ACTION -LAW NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appeazance personally or by attorney and filing in writing your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 f ~ ~ MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: E. MICHAEL PETERS and LORRIE C. PETERS and AGAPAO FLOWERS & GIFTS, INC. DEFENDANTS :CIVIL ACTION -LAW NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y azchivaz en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomaza medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. LISTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 ~ ~ ~ Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 MEMBERS 1„ FEDERAL CREDIT UNION PLAINTIFF Vs. E. MICHAEL PETERS and LORRIE C. PETERS and AGAPAO FLOWERS & GIFTS, INC DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: D7- .?.Z~3 CIVIL ACTION-LAW COMPLAINT c,~:c~~,.., AND NOW, comes Members 1 ~` Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Kazl M. Ledebohm, Esquire, and makes the following complaint: 1. Plaintiff, Members 1 ~ Federal Credit Union ("Members 1 ~`'~), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 1 2. E. Michael Peters and Lorrie C. Peters (collectively referred to herein as "Defendants"), are adult individuals having a last known address of 30 Emlyn Lane, Mechanicsburg, PA 17055. 3. Agapao Flowers & Gifts, Inc., (referred to herein as "Agapao") is a Pennsylvania corporation having a principal place of business at 275 Cumberland Parkway, Box 155, Mechanicsburg, PA 17055. COUNT I vs. E. Michael Peters and Lorrie C. Peters 4. The averments set forth in paragraphs 1 through 3 above are incorporated herein by reference as if set forth in full. 5. Defendants submitted to Members 1St a credit card application (the "Application") for a business Visa credit card issued by Plaintiff. 6. Plaintiff accepted the Application and sent to Defendants a Visa Credit Card Agreement and Disclosure Statement and two (2) business Visa Credit Cards under the primary account number: 4610-2610-2233-7294 (the "Primary Account"), being card account #4610-2610-2233-7291 issued to E. Michael Peters ("Visa Account 7291") and card account #4610-2610-2233-7299 issued to Lorrie C. Peters ("Visa Account 7299") The Primary Account and Visa Account 7291 and Visa Account 7299 are collectively referred to herein as the "Visa Account." 7. The Visa Account is governed by the Visa Credit Card Agreement and Disclosure Statement (the "Credit Card Agreement and Disclosure"), a copy of which is attached hereto as Exhibit "A" and made part hereof. 2 ~ L ~ 8. Pursuant to the terms and conditions of the Credit Card Agreement and Disclosure, Defendants agreed to pay to Plaintiff monthly installments in an amount of not less than two percent (2.0%) of the outstanding balance on the account or $20.00, whichever is greater. 9. Defendants have made charges against the Visa Account and are in default of Defendants' obligations under the Credit Card Agreement and Disclosure and the corresponding Visa Account as a result of Defendants' failure to make the payments due to Plaintiff as set forth in the Credit Card Agreement and Disclosure, the last payment having been received by Members 1 S` on or about November 29, 2006. 10. By letter dated March 24, 2007, addressed to Defendants, Plaintiff demanded the payment of all amounts due under the Credit Card Agreement and Disclosure and the corresponding Visa Account. A copy of Plaintiff's Demand is attached hereto as Exhibit "B" and made part hereof. 11. As of the date hereof, Defendants are indebted to Plaintiff in connection with the Visa Account in the amount of ELEVEN THOUSAND EIGHT HUNDRED THIRTY-NINE AND 96/100 ($11,839.96) itemized as follows: A. Visa Account 7291 a. Principal $4,714.28 b. Unpaid finance charge 208.90 c. Unpaid Late fees 120.00 d. Total due under Visa Account 7291 $5,043.18 B. Visa Account 7299 3 a a. Principal $4,547.22 b. Unpaid fmance charge 299.56 c. Unpaid Late fees 120.00 d. Total due under Visa Account 7299 $4,89b.78 C. Legal fees* $1,900.00 e. Total due to Member 1St under the Visa Account $11,839.96 *Legal fees are estimated in accordance with the terms and conditions set forth in the Credit Card Agreement and Disclosure. Defendant will be responsible for payment of actual, reasonable legal fees incurred by Members 1st in this matter subject to any limitation, if any, set forth in the Credit Card Agreement and Disclosure. 12. Defendants also agreed under the terms and conditions of the Credit Card Agreement and Disclosure that in the event of default there under Defendants would pay, in addition to the amounts set forth in paragraph 11 above, costs incurred by Plaintiff as a result of the institution and prosecution of these legal proceedings. 13. As set forth above, Plaintiff has made demand upon Defendants to make payment of all amounts due to Plaintiffunder the Visa Account and corresponding Credit Card Agreement and Disclosure and, as of the date hereof, Defendants have failed and refused to make payment of all such amounts due to Plaintiff. WHEREFORE, Plaintiff, Members 1St Federal Credit Union demands judgment against Defendants, E. Michael Peters and Lorrie C. Peters, in the amount of ELEVEN 4 THOUSAND EIGHT HUNDRED THIRTY-NINE AND 96/100 ($11,839.96) together with costs of suit and interest at the legal rate on and after the entry of judgment on this complaint which does not exceed the jurisdictional amount requiring arbitration referral by local rule. COUNT II vs. E. Michael Peters and Lorrie C. Peters 14. The averments set forth in paragraphs 1 through 13 are incorporated herein as if set forth in full. 15. On or about June 23, 2005, Defendants and Agapao borrowed from and agreed to repay to Members 1 St TWENTY-EIGHT THOUSAND FIVE HUNDRED FOURTEEN AND 00/100 ($28,514.00) dollars (the "Loan"). The Loan is evidenced by a Closed-End Note, Disclosure, Loan and Security Agreements dated June 23, 2005 (the "Note") executed and delivered to Members 1St by Defendants in Cumberland County, Pennsylvania. A copy of the Note is attached hereto as Exhibit "C" and made part hereof. 16. The Note has never been assigned by Members 1St and is still held by it as a valid and subsisting obligation of Defendants. 17. Pursuant to the terms and conditions of the Note, Defendants agreed to pay to Members 1St monthly installments of principal and interest in the amount of at least $549.25 each beginning on July 16, 2005 and continuing on the sixteenth of each month thereafter. 18. Defendants are in default of Defendants' obligations under the Note as a result of Defendants' failure to make the payments due to Plaintiff as set forth in the Note. 19. 20. 21 22. Members 1St repossessed the vehicle which constituted the collateral under the Note and provided to Defendants the Disposition of Proceeds Sale Notice dated February 26, 2007, copies of which are attached hereto as exhibit "D" and made part hereof. By letter dated March 24, 2007, addressed to Defendants, Members 1St exercised its rights under the Note and accelerated all amounts due under the Note and demanded the payment of all amounts due under the Note. A copy of Plaintiff's Demand is attached hereto as Exhibit "B" and made part hereof. Defendants are indebted to Members 1St as of May 23, 2007, in the amount of FOUR THOUSAND EIGHT HUNDRED NINETY-THREE AND 93/100 ($4,893.93) dollars itemized as follows: a. Principal $3,983.72 b. Interest to 5/23/07 55.29 c. Late fees 54.92 d. Legal Fees* 800.00 e. Total due to Member 1St as of 5/23/07 $4,893.93 * Legal fees are estimated in accordance with the terms and conditions of the Note. Defendant will owe to Members 1St its actual reasonable legal fees as of the date of payment of all amounts due under the Note subject to any limitation set forth in the Note. Defendants also agreed under the terms and conditions of the Note that in the event of default there under Defendants would pay, in addition to the amounts 6 set forth in paragraph 21 above, costs incurred by Members 1St as a result of the institution of these legal proceeding. 23. Defendants are also responsible for the payment of interest from May 23, 2007 at the rate of $0.6429 per day. 24. As set forth above, Members 1St has made demand upon Defendants to make payment of all amounts due to Members 1St under the Note and, as of the date hereof, Defendants have failed and refused to make payment of all such amounts due to Members 1St WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands judgment against E. Michael Peters and Lorrie C. Peters in the amount of FOUR THOUSAND EIGHT HUNDRED NINETY-THREE AND 93/100 ($4,893.93), plus interest at the rate of $0.6429 per day from May 23, 2007 through the date of judgment entered on this complaint and at the legal rate thereafter and costs of suit which does not exceed the jurisdictional amount requiring arbitration referral by local rule. COUNT III vs. Asaaao Flowers & Gifts, Inc. 25. The averments set forth in paragraphs 1 through 24 are incorporated herein as if set forth in full. 26. On or about October 22, 2003, Agapao executed and delivered to Members 1St that certain Commercial Guaranty (the "Guaranty") by which Agapao absolutely and unconditionally guarantied and promised to pay to Members 1St, among other amounts, any and all amounts due to Members 1St under the 7 ~ L Visa Account and the Note. A copy of the Guaranty is attached hereto and made part hereof by reference as exhibit "E". 27. Agapao also agreed under the terms and conditions of the Guaranty to pay to Members 1St its costs and expenses, including attorney's fees and legal expenses, incurred in connection with the enforcement of the Guaranty. WHEREFORE, Plaintiff, Members 1St Federal Credit Union demands judgment against Agapao Flowers & Gifts Inc. in the amount of SIXTEEN THOUSAND SEVEN HUNDRED THIRTY-THREE AND 89/100 ($16,733.89) plus interest at the rate of $0.6429 per day from May 23, 2007 through the date of judgment entered on this complaint and together with additional attorney's fees and costs of suit and interest at the legal rate on and after the entry of judgment on this complaint which does not exceed the jurisdictional amount requiring arbitration referral by local rule. Respectfully submitted, Date: Lede Supreme Court ID # :59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 8 11AY-29-2007 01:37 PM I1EMBERS 1ST COLLECTIONS 7177955207 YI81t Credit Card ll~reement and Ofselown ~. aM1 In file gMNf hP hdl Inq MMIMa fM IwGUAGei. P. 01 /02 ArAAe Ani YMN Ca1A CrradAAylyAeAlee ar urrlArle hoer b you a b An adaued er e1 you AawM. 'AooIN1' A11M11lA1M MMA C11dti CAd AfNaM MAl4• llred CaAT MrA NAwM'llpkliAA9 ir11aMRAYpNdaAMAl0k aYMMr Avant. •A1raaY r11AA11Iy 1A1/tvllelr eM yan AaeruAi ke ^M tMrdrr ~ (YMh AMlea. 'C~okAMne1~~NS +W~awlitMMiMaaywrl~ntbwnp+iArNlwwaMwrntM>m~pf4CanCRl+ay~INawr+adrbywied+ruo,aaywo~irduiiia(o~MnoaCMll'fN+aspoAWwNIwAlAgla(7Ak? a dlMf M0A d AAN~NaAIIIY Mkt pNYtYM 1'JS11 a Nr 1111 AyaaA. (N! IM alrA d Aey Ylr CanaAaao CAe;><yW qu. a pW rn rpati d eAY tdkheee M1MIwA1b yw Awalm Man wrAM heal aNla AaouA. !. 1111 p iA11~MM uWrM. MIN ~,oo A III~lA~~ ~N IMM~IM d I~iw yodo Mnt! rr+au Id-pe ai e'1~~-~w~h~AA~ign 4A ~ n n~M«t u~p~kn ~ A+A mast d We Mew a M NYMO A Cad nav~W whlr. 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AAeNlllkpl ukalpr, b ^IN e>I- N-A m Me m la rent d11A rre r ant lerelA d'wtMy a aMrY ydlAd b A AdlpleeMR Yea +11dA N mm1NMY aN taAl ut lNa- INI Man •M d a fir II/lWra t11bMy, i1NllaalAllMy, 4a1M~M lap aradkrd ule Yte weave lhr pMAt bdACaNay VaaaAw IAA+a aealrAr YallduMM, e1aMNb11L a lAgei Alta Aou 611hH AOAraaN AM ^e rY nN g1arAMlyaltA- Nel dN11N RIIIdbaAtNAMNAK RIN 0111 fY06 lFIA1 C01Y1ia6fFO r111 AEY~s[ 4 ~ 7~ ~i g A..lSinc~S ~V i~ u EXHIBIT "A" MAY-29-2007 01 38 PM MEMBERS 1ST COLLECTIONS 7177955207 P, 02/02 -~ - u• ~MNt MM MtMhrtf ^tl eyMe rAO Aslw t Car ab ~ r+N'1 a raumt a e4uinraf. ar Mry rip du a 4>~ oaa aoap YaM1tidbn rap . wale wa wM for b ycu AmwoN. 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Aft MreotrldtlrpwdMAlMrOtlrllwaolwptpfuMrrOpOlftAlM16'NarplYpwddpYwlnCMphtanp^t~atA AnMAerMIDtMnMrrNlYfdwnhlewlAMAMepprflgMAionAkArtofkRYMapfMreel 10. +IMeNMtM. ihlf Aprfrrr rtallao MMtlItpNla bell Yaepuprn on MoW AfArA. arM larl Orr aeapt few aplr'a claret Ar pnltlllyt, dt11r. Cfth farurotf a dw trnfalagr IAy anrr MMrM bas 11b alr enact aif AOtwrirA'NA INN b Ibr Oyo^l40 ptlntgpp afsot (Mpitd bC ~plollt MIN, Mi inu Girt Iou wlrn Wolfe Arlon M N1tliw duf dIr anMlbrwl. y Oct rdrl iappll~r ItapMIIM, bM p w NtlIOM M act nabt b po4 anrnMMtb 9iM ~M' b YaN wlro Amwtt MNron well: b Maw wawldflr. iMM AadiMMa sMMI Mo mnlwle ^ fecadMa ila IAt aide INrsa pr CralllarMldll al PurtyAUnt aYl fppllObM tMrrM MM YOUR 91U.INa RI6IHTS -- KEEP THIS FOR YOUR RECORDS TAIe ntka caaint apirroeapwrrrNpr Moaw war r fllr^r as wsplrloNNNGIt rtYe a yw eaal OObp Atl. MOTl1i Ui MI W~ OF ERRt~ OR QUESTIONS A~O(fT YOUR MONTHLY NLLg1O iTATE~NT. (YMr INw your 11aMly MIYIO flMnltf baaap, a ( nw0 Ater tuOarlCrr>Otol t Ytlauan M ya.111Me+e1. nrMa1 M a wrrnor fna u pyM i h oaMe Iota a pw orrewt, YMrMe M M M real os pottNdf. YMe mlrl tNw Nwa Mw at Yre ler Natp MM M aNrlw ball fNweraM MNtlI Er Met a amen ahtMer) Mb On bbliAona u4 ha apitp s EMI rMl Mware NM rlyMf. la err ba. Mr NI1UNtniN AawttaM: • YrraaNtlaeepaaAraAla • lAe(afrrntweuMtrtpAMldarrae, • 4aalMMrolMnalrpaMNMonoM.rArnfeltlewMtnwanttth. tlya+llwna+aorarlrn,anvblraanforaenma.aebart f IalIOM w4trrp Nf>t MaM lOe ~NwMI Mwwraalbwieely tan Yore laArOtr ChroAirrt Amen, wu ~ sb drafPrnr on Mf AerNal yw teYt r wMp. 'ro MbD kln MaArr your Mwr wal rar u aoa1~ hlrertf dlyf lelwa Mats erlMattYerll rtr.lwratr. 1fQIN1 RNHf1'S ANp QUR llEli!!'01~t'f1EN,11f1EA WE RECEIVE rOINI 1MNIT'TRN NOTICE. YY/ alwe~aMllapMypf MMr ~If N 11pN, WMM MI Nwttraep Ne urotM~ MMInl6tlta, w AYa+In mra 1af frta a rgIMM lly w burn nr fgMIM twl wrrwt. MarMaudt ~ wM11a1't4~MrII~MImaIrAMlwp~wipYpe1M10.M1111eYitAMrligwOrpMIIMMaMMMwAIewMhlaMa/~Albao~Iwa+r~.GWa7Eh11pef,atrlMOAnMpIpMMraaeldnmeJntAAlinMwaarNiei. IrrtIMMfMIeAerNttlMlltalfaoraltrnwd~YwoapAUlletAflManMNrawahtrlsaWbay~uwlarawnowL MwaarlmAka.deY~e,1'waYlw~ebpryNrMfedrraef,MdMOrawlwbaarMMP~M+Y~oaaMOrs Iro•dtlrorN. haMwara.ultiW~yr~MlutsrrnwraMMlarwlmaradtreyrattarale. n Mw b(MpM(Ilelftel htrlill Mao sw,artwapmMwrewlarX• Ireanc Na,rawrbn act. na~MlaMr wa anavou ran rr^ ralNnM^rbMa rArp uc arapu wprrlar M Mp. w muM wl aAptaw awtYm load gar Are, qra- aNAMMw~awMeeruMw awaMNMf Bdailq~~~~ ~;~saMmrY~cpnA~labNnllAfaNaarlwetoofrMaaneMeMAwMMOaNrlk^. S+rEcuL RULE FON I~IEpIT CARP IMIRCIIAtEa. (MwlMapaMlellaMrhaluyeeFtMeyw~rtahay1uP~nwflaAnawMaalagwulwrMiaipordlwrbrornctlloMeDlwnelMaM~rlfelaa.eaun~rAlwarrllpMaabpy}MK7laIMnoMiarMtluronN+aaa~MrMaoorw Mw et•Iw YltNUOatt all fat Iylt W yr AM Malt AarM If1rtM r ytur rorrlMlOe ai a al,ribb Your hone PIMA, wNAin 106 nalb a year clntu nWAho wMros; wol Mfi h p+reAw Iba ahM Mee Wa mau fiM lli0. nle. NarNNlwa act nal tlPA' f w aNa ar aftMlf lhnrldtnl, a N wawrp Ma UrtAalotrnM br h parry a wrrifR Of Counsel: Richard P. Mislitsky, Esq.* Lorrie C. Peters 30 Emlyn Lane = Mechanicsburg, PA 17055 E. Michael Peters 30 Emlyn Lane Mechanicsburg, PA 17055 KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 March 24, 2007 (Via Certified and regular mail) RF,: Members ls, Business Visa Account No.: 233729 - 7294, -7291 and -7299 (collectively "Business Visa Accounts") Members 1 S` Account No.: 139380 Dear Mrs. Peters: Dear Mr. Peters: I represent Members 15t Federal Credit Union ("Members 1St") in connection with the above referenced business accounts (collectively, the "Business Accounts"). As you know, you are in default of your obligations under the Business Accounts. Specifically, you have failed to make the payments due under the Business Visa Accounts. The last payments received by Members 1 Sc in connection with the Business Visa Accounts was on November 29, 2006 in the amount of $623.00 as to account No.: 233729-7291 ("Business Visa Account 7291") and in the amount of $482.00 as to account No: 233729-7299 (Business Visa Account 7299). You have also failed to make payment of the amounts due to Members 1St in connection with Account No.: 139380 (the "Business Truck Loan") evidenced by the Closed-End Note, Disclosure, Loan and Security Agreement dated June 23, 2006 in the principal amount of $28,514.00 (the "Note"). As you are aware, as a result of your failure to make the payments due to Members 1 S` under the Business Truck Loan, Members 1St exercised its rights under the Note and repossessed the 2004 Nissan/Datsun Titan Crew Cab-V8 vehicle titled to Agapao Flowers and Gifts, Inc., (the "Vehicle") which was Members l St collateral under the Note. Members 1St subsequently sold the Vehicle and provided to you the Disposition of Proceeds of Sale Notice dated February 26, 2007 (the "Disposition of Proceeds * Also practices independently as Richard P. Mislitsky, Esq. EXHIBIT ~~B„ r ~ Notice"). Although Members 1 S` already provided to you the Disposition of Proceeds Notice, I am again enclosing a copy of the Disposition of Proceeds Notice in response to your recent inquiry requesting an accounting of the proceeds of the sale of the Vehicle. As a result of the above defaults under the Business Visa Accounts and the Note, Members 1 S` hereby accelerates all remaining amounts due to Members 1 S` under the Business Visa Accounts and the Note and hereby demands the payment of all amounts due to Members ls` under the Business Visa Accounts and the Note in the amount of $14,487.33 itemized as follows: A. Business Visa Account 7291: 1. Principal $4,714.28 2. Unpaid fmance charge as of 3/23/07 208.90 3. Unpaid late charges 120.00 4. Total due as of 3/23/07 on Account 7291 $5,043.18 B. Business Visa Account 7299: 1. Principal $4,547.22 2. Unpaid fmance charge as of 3/23/07 229.56 3. Unpaid late charges 120.00 4. Total due as of 3/23/07 on Account 7299 $4,896.78 C. Business Truck Loan: 1. Principal $3,983.72 2. Interest to 3/23/07 16.07 3. Total due as of 3/23/07 $3,999.79 D. Attorney's fees 547.58 E. Grand total due to Members 1 S` under the Business Accounts $14,487.33 Interest continues to accrue on the Note at the rate of $0.6429 per day and finance charges and late fees continue to accrue on the Business Visa Accounts. Please understand that unless payment of the $14,487.33, together with additional interest, finance charges and late fees to the date that payment is delivered to Members ls`, is delivered to Members within thirty (30) days of the date of this letter, Members ls` will have no choice but to pursue any and all legal remedies reserved to it under the Business Visa Accounts, the Note or at law or in equity to collect all of the amounts due under the Business Visa Accounts and the Note without further notice. In such event, in addition to the above amounts, you may also be responsible for the payment of additional reasonable legal fees and costs of suit incurred by Members 1 S` ,~, Nothing herein shall constitute or be construed as an agreement on behalf of Members 1 S` to accept any terms and conditions in exchange for payment of the amounts due under the Business Visa Accounts and/or the Note except for the immediate payment of all amounts due to Members 1 S`. Nothing herein shall constitute a waiver of any rights or remedies which Members ls` may have under any written agreement or at law or in equity to collect the balance of the indebtedness due under the Business Visa Accounts and/or the Note without further notice, including, without limitation, the right to accept and apply any partial payments made on the Business Visa Accounts and/or the Note without waiver of any demand for payment in full of all amounts due under the Business Visa Accounts and/or the Note. Nothing herein shall constitute an agreement on behalf of Members ls` to postpone or extend the maturity date under the Note. Nothing in this letter is intended to imply or represent the current status of any loan which you may have with Members 15` except for the loans specifically referred to herein. Members 1 S` looks forward to the payment of the $14,487.33, together with additional interest, finance charges and late fees to the date that payment is delivered to Members ls`, on or before April 23, 2007. Very truly, yours, t, ,,r~", ,~'~ ,~---~ ,- Karl M. Ledebohm CC: Dan Summers, Collection Officer Enclosure u • St MEMBERS 1St FEDERAL CREDIT UNION DISPOSITION OF PROCEEDS SALE NOTICE February 26, 2007 LORRIE PETERS 30 EMLYN LANE MECHANICSBURG, PA 17055-8019 Re: Account # 139380-01 VEHICLE: 2004 NISSAN/DATSUN TITAN VIN #: 1N6AA07B64N549684 Dear LORRIE PETERS, This letter is to notify you of the disposition of the proceeds from the sale of the above referenced repossessed vehicle. Outstanding Loan Balance $ 23,079.37 (+) Interest $ 466.43 (+) Late Fees $ 54.92 (+) Repossession Fees $ 325.00 (+) Auction Fee $ 258.00 ( -) Proceeds of Sale $ 20,200.00 (_) Deficiency Balance Due $ 3,983.72 Please call Members 151 Federal Credit Union, Collection Department, at (717) 795-6031 or toll free at (800) 283- 2328, extension 6031 (Arlanda Dintaman) immediately upon receipt of this letter to make the necessary payment arrangements to pay this balance in full. If satisfactory payment arrangements are not made, Members 15` Federal Credit Union could forward this account to our attorney. This could result in legal action and the liquidation of this loan account. Sincerely, ~~~~':~~l~~;i, ,~cdi~.~i Arlanda Dintaman Collateral Liquidation Specialist Copy: file 5000 Louise Drive P.O. Box 40 Mechanicsburg, Pennsylvania 17055 (717) 697-1161 www.memberslst orQ u • February 26, 2007 ERIC PETERS 30 EMLYN LANE MECHANICSBURG, PA 17055 Re: Account # 139380-01 St MEMBERS 1St FEDERAL CREDIT UNION DISPOSITION OF PROCEEDS SALE NOTICE VEHICLE: 2004 NISSAN/DATSUN TITAN VIN #: 1N6AA07B64N549684 Dear ERIC PETERS, This letter is to notify you of the disposition of the proceeds from the sale of the above referenced repossessed vehicle. Outstanding Loan Balance $ 23 079.37 (+) Interest $ 466.43 (+) Late Fees $ 54.92 (+) Repossession Fees $ 325.00 (+) Auction Fee $ 258.00 ( -) Proceeds of Sale $ 20,200.00 (_) Deficiency Balance Due $ 3,983.72 Please call Members ls` Federal Credit Union, Collection Department, at (717) 795-6031 or toll free at (800) 283- 2328, extension 6031 (Arlanda Dintaman) immediately upon receipt of this letter to make the necessary payment arrangements to pay this balance in full. If satisfactory payment arrangements are not made, Members ] 51 Federal Credit Union could forward this account to our attorney. This could result in legal action and the liquidation of this loan account. Sincerely, ~j7,~~ur~s 1c~Gj~lftidl~t,. Arlanda Dintaman Collateral Liquidation Specialist Copy: file 5000 Louise Drive P.O. Box 40 Mechanicsburg, Pennsylvania 17055 (717) 697-1161 www.memberslst.org N N O 0 r' ..0 0 0 0"' ca rv 0 ,~ tt a Li .~ E U 8 S a ~ ~~z° ^ ^ m ^ 4'~" ~ ^ ~ V ! ~,~ -- -. (L E O ~' r9 m ~ p ~ ' 2 ^~^ ~ ~ ~ ~ ~ '~ ~ ~ ~ ~~ ~ ~ N ~ ~ ~ ~ ~ a Q O •~ o 0" ~ ~ f1J v ,3 ~ ~ ~' m ~ ~ ~ 8 E~ m o E ^~ ~ io ~•-t ~, o`~~oL~', ~~ ~ ~ ~_> ~~~ ~ N ~ ~U ~ r ~ ~ T . ~ O y '44p'' 11 ~`~ ;.~ m ~ N p Q `~_ ..5~ ~.. N 2 m LL T Il g ~ H 'v; .rJ LL _ LL LL~ a g~ ~1> > LL ~~~ E ~¢ ~~ CI ~ ~ ¢ ~ ~ c .~ Vi2 ~~ a .. o 0 ' - W ~ ~ ~ ~~ :~ 2'Cfi0 L9fi~ 2pp0 p6~2 fippL m ~~ ~~ ; r a' ~ m g' Q ~ m U ~ ~ ~ ~E O c $E~ O1 .2 ¢~ ~ ~ ~ ti ~~ 62fi0 L9fi9 2p pp 06 2 fipOL aE • 5000 Louise Drive, P.o. Box 40 Metitaniceburg, PA 17055 ~1S` MEMBERS 1• BORRDNERS NAME ANOAOORESS LORRIE PETERS PA 17055 ._ .. AxouNr DATE .... ____ ,~ ....._.__ u ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: Tfte amount of Total of Paymerlls: The amount RATE: TtYe cost of your credit ass The doNsr amount the credit will rxedil Drovlded to you or on your you wNl haw paid aRet you hew yearly rote. ' coat you. behalL made aN payments as sdheduled. 5.89 °~• li 4,440.59 S 28.514.00 f 32,954.59 Vadfbls Rau: If your ban pas ^ vensbN tale as Mdkatad show the Mnusl Parents a Rao .._.. .. _..... ... " ---- .....- ._ eras unbn wIN add ^ mmpin d d Irte Index vYUe. Tld role wR rdYnpe mondaY a tltgs rsai dry W the man~h. TM raN wNl rtaver M ngMr tltanN tM ~il~ la ~ al d d ill mum r w, an pwld bar w never W Nu tlun My Mtsrest rate Wcnases w41 nalY1 h mono Ixtrymsmf of dN fame amount. Fw Example, d your ban was Iw SS,000 at 15% for 4a months and tlta AmuW Perrwntape Rah krwepe0 by 2% seer arts year, IM term of your loan would xtweae0 by iwb rnerahf Prelaned Red: d Mocked, the following eppNes to your loan: utomaa P A~ e ayment daeounhe Rate: Becwse you nave eprbeye~d b make your nquhtl mw1tMY payments IfrrouplY an wtomelk dsrtuetbn ham yaw CnaeklnySwarps tM Au rbrrolic Pay M ~Rpaoo ~ teMd grdj Try~j rMS wyl njnueaee ~ gy(r~~ TM ANNUAL PERCENTAGE RATE diedoaed atwve 7n 1M ANNUAL PERCENTAGE RATE bqa is by .2 d You Caw the aulomMb gymeM artarlperMM w IaN to nudntaN suRd nt f d s un s M your alxsrad to ~.~ ~~ bqr BG mOrdM n a ass, the aged W the Wcwe will W d exNrW the term d your loco. Fw example, d ywr AulorrWle Payrtrm lascourldd Rate is toff you aaase the eulwnatk M iNrylne errsrgetrlsM, your rats wW ncnefs to 10.20X. rssuNrlg W 1 addidwyl gymeM. Yf nsWe Ralf Preferred Loans. d your ban it • vfriebN tad ben and you quald fw a M d nt y erre p re , your pMenad dlacounl b taken at IM time you lake out your Ian Thia Inidal prafamed ANNUAL PERCENTAGE RATE wtOlMn vary aecordkg d M es kt qta kldax (as dbdaae elrowt. Fw ezempN, x • vartebk tad bens Inklal ANNUAL PERCENTAGE RATE b 12K at the time you Inks tlts ban. your InfW pMerrad ANNUAL pERCEMAOE RATE will b WA% Y e . our hglal prefened ANNUAL PERCENTAGE RATE wet etan vary according b IM Index, r dlaclwad b dv'YadabM Rate" prov4ion save. Flied Rad Prelerrad Lwld. II your ban is ^ axed rile ban and you 4u Wfy br a prersmd rate, your ANNUAL PERCENTAGE RATE will De the prolafreC ANNUAL PERCENTAGE RATE tiisUOted above for as bog as your pMarted alflw remains h NNct. Number Of Payments Amount or Payments Payment Frogtleney When Paymenb An Dw ~ Property Ittsurence: YW may obhin property r ear Insurance from anyone you want that M acoapWbb to Paymam 59 5549.25 Monthly - Begimin9 07/18!2003 the credit union. If Yyou get the insurance from the • credit union you wIN pay win a: 1 5548.84 Final Due - On 08/10/2010 S N/A SeeurRy: Cdhtenl saeunnp Dltrer loans with Ufa credit urion tlta pooch or wiN also fecurs tl>fs Wen. You arc gNing • faeurdy ir4ereat in I ~ tlNnq pxchafaPdw~ ~ l D eacribe): your atvxsa an6lw depoNt W Ud croak union, antl: X I I AUTO_ Lad CMrpe: II a payment is tale by 10 days or more you will W dd ^ late fee Of 5%Of your scheduled pa ment Mqulred D•poeN Balance; Toe Amuel Percentage Rate Coen FIIWp Fees: Non•FiAnp Insurancr d t k I y . . n a e MO account your re4ukad degas balance, If any, s WA s WA yW DaY •Nr. feu 1101 ova W Day • W .•.. mean a~~WnaN. pw cenhd OWn•Ma br paymsN, e• . try npw• ngynrM a• tM adrsduled tlsM wxl Dnpynlr~rE rMnda and pwgiu 'ban non wNluun i rtnnN(.ED $ 28,514.00 Amount Pald to othero on your behalf (Describe) AMOUNT GIVEN TO YOU DIRECTLY $ 28,514.D0 S°0o To MYY'•to1i~' S To : o.do To Ninnam Le• ; 70 AMOUNT PAID ON YOUR ACCOUNT $ S To S To PREPAID FINANCE CHARGE S To Sb~ ToF°•Y $ = b.0o TG turd Soubns $ O n0 To Aa•d Sohstxe ..._.. SECURITY INFORMATION MAKE MODEL YEAR I.D. NUMBER TYPE L ~~ NISSAWDATSUN TITAN CREW CAB•V8 2004 iN8AA07B84N549884 USED OTHER (Describe): You Pledge Shares AMOUNT ACCOUNT NUMBER AMOUNT ACCOtXJT NUMBER and/or Deposits bf S S You spree Nat the terms sod CondNbm in the dlselown statement and ate bm and securlly agnemenls lasted on qga 2 or thh tl t MNI appy to alh ban. If also a more Than one Domovrsr, wa spree That all the wrddioni of the ben antl aewMy aprerrtenh povamMp dtlt ban Mall apply to both jolnlty ^ Ity You al:blowNtlpe that you Mw receiwtl s wpy of the loan antl security preemsnts anC dlsclosuro slatarMM. Co-slgnar: I1 you an spn s Co-sign you eck iW d the polka W rx>•sipner ranWned a page iR RROV"j~~R'S IGNA U/F~+~~ ~ ,. DA 0. R '~0-SIGN E CD•MA R 'OTHER WNER ~ ••CO-STONER DATE CO- KER ER OWNER ~ ••C IGNER DATE X ~ ~~ SERI) CO- AKE ~ 'OTHER OWNER ~ ••CO-SIGNER DATE C -MA ~ 'OTHER OWNER ~ ••CO-SIGNER DATE X (SEAL) X (SEAL) 'OTREa a•116n MY Wow, wlw er aPa WM wMrt 1••rar M r a told w 4rr1 F M rraYa amrow eaawwr•ena Iw. TN raar.ww, uar• Ms •..-rr.Y...a r,.t.al rraalt wJr lw a awray Nwrr b •w.rlww.l r r WYw ti ti aeway Mrwrw.A "CPrtRi[a: u•r ew.au M vM Wwr try awY Yrarweaw PaY+rwr• nw. w ev..r•r rYW r U WYM rht Iu,wwwMr P• Wrw•wwWr ae n••u! WsM M w err wa We Nrwlr l...w.a y Iw, wy .ra.a.,.na M r n,. r.an. nw APPLICATION FOR GROUP CREDR rruu a feeW and ndvldiany table Ia1da(dY lap. rb 1hY fr~a-faqq~rs and purands ~n not Nidl4la br inwrna I Iw•1 nW txmnsN N al any erne. ~I (we) urtlerland deal iAf NWI~M Nk inaurarle~s YeNCOU. w• The IdbYwne gwatlona, l arts S, muN a alewerad 10 dalanNM rlty louh NIp161My for hatsano: YESUCNO CPEA$PPUCAN7 7. (AYplcabla b Tae aar+arrCa coverage onNl W x you a udder sga70 on dv aMaara•d rrea>,y d•te d put lon7 D ^ Y~ ^ Z. ~ApPKada b dsadetY owapa ofIIN W n you a rne•r aa• 70 on M• arJradaeo rnalrYily esN 01 your lore AND anyau y uia taut Ham. rot wqp a IYral w>0 Halo a ma• Dar wank ant rr.~ Mwr as WbkYtf Tor 3d dry. a mor• b•(veeNaaal•7~~ a ^ Q ^ In rvtalean, a yawn Iwo ware. t:a,oa.a ee ronewnp gwaabn mart me w .nwvr•e In eras to drnrmin Nlpealty. 3 er~mnwni'rMirqu''r•~d Yimu~is'D ya own madWr atlwaad dpr CeMd Ipr error. Mrf aaaek wearorrary ahry eiseas. r~WYe. ^ O ^ O YYY (ace) arwen Io 1M above tar wSyNMrome (AlbSaomAI1DS RNaatl Cnnpa (ARC17 co- I rot W inures. II my m ~a w I Wwer'Yea" m I..adan J~we uuirsWb that wa ar. m {a ~' ar I ana.M'NO'to Guoseon t w 3, we unoarlwW awl u:s penm ie red Mgda for mylrano ono 4 ar'ptla Inwmrw up Io sn amoMx not excsadry S I. W. TM M•Gr. ow d my (our) vravenc• von t» ti on• d thNapolc~lo~ MY Pr•ort Yaw krow/npry and Yaet Wtant to awrwd any Inwranea canDanY r anw p•non rut r, spat aeon hr Inwrnnc• or Natemed el claim cmislnlvp any mNWNy tali' IMorm~lbn or wncula torts purpa•d mltNad-Ig, IrlformMlon conominq any del maYrlM Ih•nlo oanrMa a ewMrienf Yreuranc• act, ol,nNh.• a cMw artl aublarxa auph penes to eAminl and clHl pen•Mes, Do rot ups tnb applWtbn d a p cabN ep~as an 6Mnk. Tpla agMCadon rAll nw Da uud In eaNear a .n .,,.n4.r.. pace paw not bean cam atad. ma debtor pas na alarwe .r.e e.r..r u.....,.u...~" ......_ __ ~_ ~ .. ^ Yes ~ No Single Credit Life Total Premium ^ Yes Q No Credit Disabilty ~ Total Premium ^ Yes x^ No Joint Credit Life Intlicats whits aPPligntli): ^ Appkant ^ CaApplir;aM f 0.00 Indicate vYhkh applicant(s): A am ^ Co-A , ^ Pvk pgiant ; S D.OD Ya ale rxlgNrsgny Tor tM types d eovary Iw wiridr a rhnpsia Irdiratad an sae apdkaaorl. CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE. ~ =~t1-66 ,~- L3 eNC-9B-[i89.37 A _ MMC-97 d7Db 37lASERNOROF .1789Rev. tpt o..,.o ~..r~ COPyRIGF1T 1997 MInneWa MUWI CampNr. Inc All nprts r•wvp EXHIBIT "C" • wER'e NAPE LOAN NUYffR ACCOUNT NUMBER DAZE OF LOAN LORRIE PETERS 113520 139380 01 06!232005 IN THESE AGREEMENTS THE WORDS "CREDIT UNION" MEANS MEMBERS 1ST FEDERAL CREDIT UNION. THE WORDS "YOV,' "YOUR' AND 'YOURS' MEAN THOSE NAMED AS BORROWERISI. LOAN AGREEMENT PaymentafPirrnes Charves: For value received, you Dromise to pay, at the Credfi Union's Office, all amounta due. AN payments 6hall be made purwaM to the dladosure statement on page 1 of this dowmeM. You understand that the finance charge and total of a ants shown on page 1 of tltls document arc bated on the asaumpllon that ea instelNnaM paYmenu wiN be made on the scheduled due dates, and , if you have GueFAed for Drofemed rate Mal you continue to satinfy the contlltbns of that profered rate. If you fed to pay arty Inslallmenl by Bte Ume It ks due, you wiu pay additional inlerosl on the overdue amount. AIIODUon of Paymonb and Additional Paymerks: Pe nls and ueditc shaft be applied b the fofiowirtp order: any amounts past due: any fees or charges owitg, indudinp any Insurance premiums; arxrued Intareat or finance charges; outatandklp prirldpal. Payments made in addition t0 repukny scheduled paymerrta shall be applied in the same order. ProNrrod Rats: If you qua!'ddyy for a preferred rete as diacbaed on Pa e 1 01 this document a in a separate preferred rata addendum, you understand that you must meet the tbrtdltlons dlsdosed to you in ortler to quaNfy far the preferred rate ant must ixnlinue to meet those conditions h order 1o keep you preferred rate. I1 you fail to meat those corWltfona, your rate wIN Cre9ae, Ufereby extertding the terms of your ban. You promlae to continue maklr[g payments and to meet al obtlgatlons urtder this Agreement even if you no longer receive the prefBrted rate. Late Charges: If you make a late payment, you agree to pay a kle dlarge Hone is diados on page 1 of this ocunteM. Property Irlsurones: If you obtain a loan secured by a motor veNds or other tangible pro you must obtain Insurance wNtit protects the credit tnfon from finan I loss. The amount and cover~Qa of the property insurance must Oe acaptab~e to the cedit union. Such a pogq mutt provide at least ire, theft, combined atldWonal coverages and COIlklon insuana. It must contain a Loss Payabb dause:erMOrsemenlhaming the uedll union as lien holder. You may obtain WS insurance from any agent of your choice and dined the agent to send the credit union a copy o the policy. Debtor Raslwnsibllity: You promise [o notify vedfl union of arty change In your name addrcaa or ample nt You promise not to appty for a ban d ou know there is a reasonab a vrobabilityy Iha! you w61 be unable to repay yyyour obligation according to the terms of file uedll extensbn. You promise to Inform credN union of any new informaton which rotates to your abitily b rep.y your obligation. You promise not to submN false ar InaCIXlrale informabon or willfully conceal information regarding your creditworthlneas, uedit standing, or ercdit capedty. Statutory Lien: If you are in defaufl, federal law gloat the credit union the ri ht to a ply the balance of shares and/or dividends in your account(a at the time of default to satisfy thla loan. Once you era In default, Me rre~t unbn may exercise this rig t wllhout further notice to you. Delay In Enforument• Crcdll Union may delay enforcing any of the credit union rights under This agreement wdhoul losing them. Irregular Payments: The credit union may ecce~l late pa menu or partial payments, even though marked "payment In full, without Posing any of the credit union rights under this agreement. Co-makers: If you are siggning Mk agreement as a co-maker, you agree to be aquaNy responsible wdh the borrower, but the credit union may sue either or both of you. The credit union does not have to notiN you ttwt this agreement has not been paid. The credit upon may exlertd he terms of Pesponsibiliry Dn~ this agreement y without notifyirtg or releaslnp you from Contractual Pledge of Shares: You pledge all your sham and depoalb In Me endK unbn, Irleludinq fuW n addltlorr, as seeurey for Mb ban. M use you default Me eredh union meY apply these shares and depwik b Ute payrMM of all sums dw at tM time of dNauR, Inelutlinq ewts of tDafieelbn and nnonal7k aftonky's teas, Mat tM credit union may tneur, tp b 30% or Me unpaid Prlnoipel and inbmL NO lien or right to Ynpreee a Ilan on entree and depWib slut! appty to any of your shares whbh may a Mld In an 9ndlvldwl ReUremem Acwunt' or'Keogh Plan." SECURITY AGREEMENT t. To seeuro paYmans of Mb ban and all r union In eonrlietlon wIM Mk loan. a In ror Mle Iwn or for any I. You wlN nM change Ma batten d, sea ar Yansrer Me mkaleral mbu you hwe the credit union's prior valnen COnsant 3. You warrant Mal yyou Mw py a~~otl Wa b the waMwal, lna d a4 rewrhy Wansta except Mat Qrwnlo Me ROdrt Yf11011 and axupt for arty htsroq d a rgM1m- maker owner d IM edWeral wM has siprled eu agrsemaM b IM 9rdir:abd place. aq ~~~ad +. OeweR~i IbidwayrMallruAner aq ietomiip t~i pn~ipssrry h%o U aondt ~ ~ h uaaa0 I~ wsaDb eheltM. You saes to sxawls faancnq s4fahkrds arM aawrky agrtemeld amarMme a r IM ends unbn'a rsquan and wa deland IM progeny agabst adverse Mkd psrly tlalma 6. Vau will maimaln Inwrance to mwr my vshkle ar othw propMy in whit!! tlN crodM union hp • security Interest. Thb inwranu wal W N a form ~M an amount aMitlaclory b tM trade union. You wig wogv~Ma~~ b titii~ Povf d such insuranu until as sums owed b crotlit W y pro aro Id. If you IaY b maldah slrrh Ineurarlee, aedt un on mry but a not wred~ ob41n knunnu d otr own and add IM mat d weh to Ihs wms owed. This mat win boar k71m~M al IM conbad rate wtll paid. Yau funMr esargn to Ilte erodN Won 1M right to hunt dls prouada d • ineunrta on sash property and dined any Insurer ro pry Mue pIvaeda dlrsUW to aadit 4nbn. Yw wthorizs Ms sects union b endorse arty duck ar drag prwkbd es tM procaeda d woh neuranu, and appy Ihose proueds b Ms wms owed b Uu credit unbn You further aumorue M credit union to provide your Wwanm Service Caner weh Ula nanasary infomudlon fa vedficadon d edaWale eowrage. You acknowkddows Mat Imuranu or anY Mansion Maraol,deoed ppyy tM wdit unwn is wkhoutbalaet to yw MaWbually but b PnalaraY ref me profeedon d the erodk won. 8. Shedd ale CrodN urUon teal M any Uma Mat Me aacurttY ewnNd has dknkl WNadslsniovnakr, or fa any rasm feel Md addiobna~seaddry Is roqulnd, ou M~e~edit union leelies na~esaiaWry'hto prot(xtllh~eyaaa tltl ~bn p in~po~ y bu. 1 D. 6100 2199 You are being asked to guarantee this debt. Think rarofulty before you do. 11 Iha Dortowar doesn't pay the debt, you win have lo. Be sure you ran afford to pay H you have to, and that you want to accept tMa responsibility. You may have to pay up to Me Lull amount of the debt If the borower does rat pay. You may also have to pay late fees ar cdledion costs, whkh inuease this amount. The sadder can tolled this debt Trom you wittwut first trykt~g to tolled from the borrower. The ru'editor tan use the same cdledlon methods agsfnst you that can be used against the bonower, such as suing you, pamishinq your wages, etc. 11 Mia debt ie ever in default, that fad may become a pan of your credit record. This notice is not the centred that makes you Ileble for g debt. F. 4JT691 /02 APPRO ayelNn, Inc., 72410)9 Page 2 of 2 Tha Cradh union is hereby appolmad as your AtlomsYY-M-Facl b panorm aIW atla which Ma rrsdk union leele an nsuegry to protect Ma colblerol anA me seeurlty Interest which Mb agreement usales a Mere b mono Man one bartower, obagwons under this agreement ors (Dint and Nveral, each Debq agway nsponsiae to NMIA IM krms of mis apnement. Thb eewmy agreamanl not any binds you. Dut your executors, admfMUrnaa, Min, and eesipna. Y -~ 7 February 26, 2007 St MEMBERS 1St FEDERAL CREDIT UNION DISPOSITION OF PROCEEDS SALE NOTICE LORRIE PETERS 30 EMLYN LANE MECHANICSBURG, PA 17055-8019 Re: Account # 139380-01 VEHICLE: 2004 NISSAN/DATSUN TITAN VIN #: 1N6AA07B64N549684 Dear LORRIE PETERS, This letter is to notify you of the disposition of the proceeds from the sale of the above referenced repossessed vehicle. Outstanding Loan Balance $ 23,079.37 (+) Interest $ 466.43 (+) Late Fees $ 54.92 (+) Repossession Fees $ 325.00 (+) Auction Fee $ 258.00 ( -) Proceeds of Sale $ 20,200.00 (_) Deficiency Balance Due $ 3,983.72 Please call Members 151 Federal Credit Union, Collection Department, at (717) 795-6031 or toll free at (800) 283- 2328, extension 6031 (Arlanda Dintaman) immediately upon receipt of this letter to make the necessary payment arrangements to pay this balance in full. If satisfactory payment arrangements are not made, Members 15` Federal Credit Union could forward this account to our attorney. This could result in legal action and the liquidation of this loan account. Sincerely, ~c~~~~~~u`~ Arlanda Dintaman Collateral Liquidation Specialist Copy: file 5000 Louise Drive P.O. Box 40 Mechanicsburg, Pennsylvania 17055 (717) 697-1 161 www.memberslst orb EXHIBIT "D" Y 1 7 February 26, 2007 ERIC PETERS 30 EMLYN LANE MECHANICSBURG, PA 17055 Re: Account # 139380-01 St MEMBERS 1St FEDERAL CREDIT UNION DISPOSITION OF PROCEEDS SALE NOTICE VEHICLE: 2004 NISSAN/DATSUN TITAN VIN #: 1N6AA07B64N549684 Dear ERIC PETERS, This letter is to notify you of the disposition of the proceeds from the sale of the above referenced repossessed vehicle. Outstanding Loan Balance $ 23,079.37 (+) Interest $ 466.43 (+) Late Fees $ 54.92 (+) Repossession Fees $ 325.00 (+) Auction Fee $ 258.00 ( -) Proceeds of Sale $ 20,200.00 (_) Deficiency Balance Due $ 3,983.72 Please call Members 1 S` Federal Credit Union, Collection Department, at (717) 795-6031 or toll free at (800) 283- 2328, extension 6031 (Arlanda Dintaman) immediately upon receipt of this letter to make the necessary payment arrangements to pay this balance in full. If satisfactory payment arrangements are not made, Members 15` Federal Credit Union could forward this account to our attorney. This could result in legal action and the liquidation of this loan account. Sincerely, Arlanda Dintaman Collateral Liquidation Specialist Copy: file 5000 Louise Drive P.O. Box 40 Mechanicsburg, Pennsylvania 17055 (717) 697-1 161 www.memberslst.org Y 4 . COMMERCIAL GUARANTl P~Fhci~at Lr7an ©8iQ itlfa#Urity Loan `No CaEt f Galt A~Gou~i3 officer Ir-itials ~3~.~~~ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """"" has been omitted due to text length limitations. Guarantor: Agapao Flowers & Gifts, Inc. Lender: Members 1st Federal Credit Union 275 Cumberland Parkway, Box 155 Attn: Small Business Lending Mechanicsburg, PA 17055 5000 Louise Drive Mechanicsburg, PA 17050 AMOUNT OF GUARANTY. The amount of this Guaranty is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, Agapao Flowers & Gifts, Inc. ("Guarantor") absolutely and unconditionally guarantees and promises to pay to Members 1st Federal Credit Union ("Lender") or its order, in legal tender of the United States of America, the Indebtedness (as that term is defined below) of Agapao Flowers & Gifts, Inc. ("Guarantor") to Lender on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes any and all of Guarantor's indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations and debts to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. 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 Guarantor, and will continue in full force until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Guarantor or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. 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 Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of Indebtedness, even to zero dollars (50.00), prior to Guarantor's written revocation of this Guaranty shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars (S0.001. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Guarantor, to lease equipment or other goods to Guarantor, or otherwise to extend additional credit to Guarantor; (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 original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Guarantor's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; IG) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to lender that (AI no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Guarantor's request and not at the request of Lender; (CI Guarantor has full power, right and authority to enter into this Guaranty; ID) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; IEI Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of 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 material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; IGI 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; iH) 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 Guarantor; and IJ) Guarantor has established adequate means of obtaining from Guarantor on a continuing basis information regarding Guarantor'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 Guarantor. EXHIBIT "E" „ ,, , COMMERCIAL GUARANTY (Continued) Page 2 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 Guarantor; (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 nonaction on the part of Guarantor, 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; IC) to resort for payment or to proceed directly or at once against any person, including Guarantor or any other guarantor; (Dl to proceed directly against or exhaust any collateral held by Lender from Guarantor, any other guarantor, or any other person; IEI to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Guarantor or to comply with any other applicable provisions of the Uniform Commercial Code; IF) to pursue any other remedy within Lender's power; or IGI to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. In addition to the waivers set forth herein, if now or hereafter Guarantor is or shall become insolvent and the Indebtedness shall not at all times until paid be fully secured by collateral pledged by Guarantor, Guarantor hereby forever waives and gives up in favor of Lender and Guarantor, and Lender's and Guarantor's respective successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Guarantor, by subrogation or otherwise, so that at no time shall Guarantor be or become a "creditor" of Guarantor within the meaning of 11 U.S.C. section 5471b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses arising by reason of IAl any "one 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 commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; IBI any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Guarantor for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; IC) any disability or other defense of Guarantor, of any other guarantor, or of any other person, or by reason of the cessation of Guarantor's liability from any cause whatsoever, other than payfhent 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; IE) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness of Guarantor to Lender which is not barred by any applicable statute of limitations; or IFl any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Guarantor, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Guarantor's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to 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 Guarantor, 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 and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. SUBORDINATION OF GUARANTOR'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Guarantor to Lender, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Guarantor, whether or not Guarantor becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Guarantor, upon any account whatsoever, to any claim that Lender may now or hereafter have against Guarantor. In the event of insolvency and consequent liquidation of the assets of Guarantor, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Guarantor 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 Guarantor to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Guarantor or against any assignee or trustee in bankruptcy of Guarantor; provided however, that such assignment shall be effective 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 debts or obligations of Guarantor 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 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, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Arbitration. Guarantor and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Guaranty or otherwise, including without limitation contract and tort disputes, shalt be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Guaranty shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in 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 Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including 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. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. ~, ,. COMMERCIAL GUARANTY (Continued) Page 3 Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. It there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and 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 shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Guarantor or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Guarantor or GuarantoF.or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any Loan indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by lawl, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. 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 Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Guarantor against the other. EXHIBIT A. An exhibit, titled "Exhibit A," is attached to this Guaranty and by this reference is made a part of this Guaranty just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Guaranty. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Agapao Flowers & Gifts, Inc. and includes all co-signers and co-makers signing the Note. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation Agapao Flowers & Gifts, Inc.. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means Guarantor's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means Members 1st Federal Credit Union, its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. ' COMMERCIAL GUARANTY (Continued) Page 4 EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED OCTOBER 24, 2003. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: AGAPAO F OWERS & GIF INC, l . BY: ~, ~> ~~~' J (Seal) Lorrie C. Peters, President of Agapa Flowers & Gifts, Inc. By: -~ _ ISeall E. Michael Peters, Secretary of Agapao Flowers & Gifts, Inc. lRSEP PRO LenE,nq, Var. 5.22.20.003 COD~~ Nv1uW F~nmuM SeW,~on,, Inc. 198]. 100J. M Righ„ gs~~rv~0. ~ PA Z:\GFI\LVL1E30.FC T11~I05 PN~15 EXHIBIT A ad ~r...-_c~. :~ r~iwc~+r~wy q _.: Lciarr tvu kaatF-/ 4',DIt:: -.,,.:hTkfvGC>?'1f#~13~' t,fTtlG~r Fll'~#~]3 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "'""" has been omitted due to text length limitations. Guarantor: Agapao Flowers & Gifts, Inc. Lender: Members 1st Federal Credit Union 275 Cumberland Parkway, Box 155 Attn: Small Business Lending Mechanicsburg, PA 17055 5000 Louise Drive Mechanicsburg, PA 17050 This EXHIBIT A is attached to and by this reference is made a part of the Commercial Guaranty, dated October 24, 2003, and executed in connection with a loan or other financial accommodations between MEMBERS 1ST FEDERAL CREDIT UNION and Agapao Flowers & Gifts, Inc. Guarantor shall furnish to the Lender a list of requested cardholders and credit limits. The minimum requested credit limit shall be $5,000 and the maximum requested credit limit shall be $35,000. Guarantor shall guaranty payment for all balances and fees on credit cards issued to cardholders. From time to time the Borrower may amend the list of cardholders and credit limits. All amendments to the list of cardholders shall be included in the guaranty. THIS EXHIBIT A IS EXECUTED ON OCTOBER 24, 2003. GUARANTOR: AGAPAO FLOWERS & GI By. `~c~,~. ~ . ~ +~ (Seal) Lorne C. Peters, President of A pao FI wer Gifts, Inc. By: ' ~- _(Seal) E. Michael Peters, Secretary of Agapao Flowers & Gifts, Inc. LASER PRO L~n0in9. Vsr. 6.11.20.00] Cop,. X~n~,q Fin~na~i SeW Mena, Inc. 189], 100]. Ax Rips„ R~~~nW. PA Z:10FI1LPL1E10.FC TP-206 PN~ IS ~ N- ~ VERICFICATIQN Y, baniel Summers, Callectians Officer for Members I `~ p'ederal Credit Union, being authorized to do so on behalf of Members ly` Federal Crcdit~Union, hereby verify that the statements made in the foregoing pleading ate true and correct to the best of my information knowledge and belief. Y understand that false statements are made subject to the penalties of 18 Pa. C.S.A_ Section 4904, relating to unsworn falsificatiam to au~thoritics. Members 1 ~ Federal Credit Union Daniel Summers, Collections Officer 9 j~,} ~ ~ b ~ ~ d c-, ~.~ s,:~ ~w:. ~, ;.^~ ~ ~~ ;~ _ -T') '" ~~ N yA~ Cll o to --~ ~~ -~, ~-~ a~ l Q - ~.~ -r -'r~ `~C? i"t'1 =-C Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-929 MEMBERS 1 °' FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO.: 07-3283 Civil Term E. MICHAEL PETERS and LORRIE C. PETERS and AGAPAO FLOWERS & GIFTS, INC. DEFENDANTS CIVIL ACTION-LAW PRAECIPE TO THE PROTHONOTARY: 1. Please enter judgment in the above captioned proceeding in favor of Members 1St Federal Credit Union, Plaintiff, and against the Defendants, E. Michael Peters and Lorrie C. Peters, as follows: Count 1: Judgment in the amount of Eleven Thousand Eight Hundred Thirty- Nine and 96/100 Dollars ($11,839.96) together with costs of suit and interest at the legal rate on and after the entry of judgment. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of E. Michael Peters and/or Lorrie C. Peters to Plaintiff s Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Count II: Judgment in the amount of Four Thousand Eight Hundred Ninety- three and 93/100 Dollars ($4,893.93) together with interest at the rate of $0.6429 per day from May 23, 2007 through the date of judgment and at the legal rate thereafter and costs of suit. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of E. Michael Peters and/ or Lorrie C. Peters to Plaintiff s Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. 2. Please enter judgment in the above captioned proceeding in favor of Members 1St Federal Credit Union, Plaintiff, and against the Defendant, Agapao Flowers & Gifts, Inc., as follows: Count III: Judgment in the amount of Sixteen Thousand Seven Hundred Thirty-three and 89/100 Dollars ($16,733.89) together with interest at the rate of $0.6429 per day from May 23, 2007 through the date of judgment and at the legal rate thereafter and together with additional attorney's fees and costs of suit. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Agapao Flowers & Gigs, Inc., to Plaintiff s Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Date: July 16, 2007 M. Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff I hereby certify that notices of intent to take a default judgment was forwarded to E. Michael Peters, Lorrie C. Peters and Agapao Flowers & Gifts, Inc., by United States Mail, first class, postage prepaid on June 27, 2007. The aforesaid notices were contained within an envelope bearing the return address of the undersigned. The notices have not been returned to the undersigned as undeliverable or otherwise. A copy of the notices and Postal Form 3817 are attached hereto and marked M. Ledebohm, Esquire z ~: "'~ ~~ ~ ` .3 W/~~ ~g w~l/ O -L. W J C } ~ x~ 4-- ~- Ts ' = Sty i i '' ,~ ~{--~ .., ~ ~. '"r ~ r.-.u J ~ ~. e ~. t ~ f ~, ~~ r~ s Kari M. Ledebobm, Esquve P.O. Box 173 New Cumberland, PA 17070 (717)938-6929 MEMBERS 1„ FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO.: 07-3283 Civil Term E. MICHAEL PETERS and LORRIE C. PETERS and AGAPAO FLOWERS & GIFTS, INC. DEFENDANTS :CIVIL ACTION-LAW IMPORTANT NOTICE TO: E. Michael Peters Lorrie C. Peters 30 Emlyn Lane Mechanicsburg, PA 17055 Agapao Flowers &'Gifts, Inc. c/o Lorrie C. Peters, President 30 Emlyn Lane Mechanicsburg, PA 17055 Agapao Flowers & Gifts, Inc. 275 Cumberland Parkway Box 155 Mechanicsburg, PA 17055 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR EXHIBIT "A" TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 " _ Respectfully submitted, ~. T ~' 1T y'~ J~ J /I y J' y ! ~ ~~ ~;: - Date: June 27, 2007 ' -,.-'' `''~ ,~ ~~ "~` %' ' ~, : %~.~ "_- - arl M. Ledebohm, Esq. .` Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Attorney for Plaintiff ~_) N r t c-:' .. ----' _77 :,-,. r-;... ~...., ~ ~~ 1.~.. ,~. `~ (~;. .. -_.~ =a .__. ~: -w~s y m 0 ~_ V v ..~" c m '7 N w., o ~~ r~(~~, ~f i umrFOSreres POSTdt SFR1'JCF 0000 0 3 W ao V d ~~ N t °o `~ '~ urwrcnsreres POSTet SF77L'!CS 0000 z z m A ~ I I Id c T m ~ a ~ O~ d n p . $ ~ ~ ~-+ `8 s r~"t.. W ~,.,., ~ a b ~ V 0 O 0 v W I I I I IpSTRGE U.S PA NEW CUMBERLAND,PA 1707Q JUN 27, 07 AMOUNT ~ 1 X0 5 , 0 c in v O D r m n m n m Is -~ m a r Z V7 ~~ o ~ ~~ '~ V_ ~ v m T ~ N ~o o T - ~+ D - d ~ ~ r cn z:-d~ ~$ d ~ ~ ~~S ~y m n a h y ~ w ~ i H O ~ ~ D i2 .v A ~ z G> o C D V Q. m ~. w ~z g .~ a. ~~' Z ~ ~ i--+ y O .C r m O '~y v z D ~ o o Z ~ W c~. ~ i ~ U.S. POSTAGE PAID NEW CUMBERLAND,PA 1707Q JUN 27. 07 AMOUNT oil X 051 v T 0 3 w 00 V m v Ni °o VIYfTFO JrerFS Pordc stxvres 0000 T1 0 W GO v ~, N O AD o ~ o< ~~ v, ~. m C ~ Om . 0 3 Zo ~ a ~A _- ~ z ;-d x o0 m ~ 0 ~ z~ n~ ~.$ ' ~ ~ ~ j~ n m N C ~ W ~ a ~ ~ ~ ~ `v ~ W CaD g o ~ ~ ~ ,,~ a ~' D - ro r ~ ~ a ~ r ..'o ~,. o o v m z O p _O v W U.S. POSTAGE PAID NEW CUMBERLAND.PA 17070 JUN 27.'07 AMOUNT o~ 1 X051 C in D r V) m n m In m ~. D -~ m T D V7 ~~ o ~ a I I $ mm v ~ ~ ~ mN io ~ 4, ~ :T •~ 3 Z '-d ; ~ d ~ `° D r cn ~- a ~ ~ r ~n (`s' m ~ `+ ~ ~ Z 0 ~ W f D z ~ ~'f a ~ ~ Z fl ,~ ~ , ~ ~ ~ m ~, O o v O ~ m 3 `!~ ~ ° r' ~? w ~ U•SFAIDSTRGE NEW CUMBERLAND.PA 1707Q JUN 27, 07 uNlrcasrarFS AMOUNT POSTdt SF1tVlCE 0000 0~ 1 X051 r 1 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-929 MEMBERS 1 °' FEDERAL CREDIT UNION PLAINTIFF Vs. E. MICHAEL PETERS and LORRIE C. PETERS and AGAPAO FLOWERS & GIFTS, INC. DEFENDANTS TO: E. Michael Peters 30 Emlyn Lane Mechanicsburg, PA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-3283 Civil Term CIVIL ACTION-LAW NOTICE OF J[JDGMENT Lorrie C. Peters 30 Emlyn Lane 17055 Mechanicsburg, PA 17055 Agapao Flowers & Gifts, Inc. c/o Agapao Flowers & Gifts, Inc. Lorrie C. Peters, President 275 Cumberland Parkway 30 Emlyn Lane Box 155 Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 You are hereby notified that on J ~ (7 , 2007 the following judgment(s) has/have been entered against you in the above captioned case: Count 1: Judgment in favor of Members 1St Federal Credit Union and against E. Michael Peters and Lorrie C. Peters in the amount of Eleven Thousand Eight Hundred Thirty-Nine and 96/100 Dollars ($11,839.96) together with costs of suit and interest at the legal rate on and after the entry of judgment. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of E. Michael Peters and/or Lorne C. Peters to Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. ~ ~ Dated: are: Count II: Judgment in favor of Members 1St Federal Credit Union and against E. Michael Peters and Lorrie C. Peters in the amount of Four Thousand Eight Hundred Ninety-three and 93/100 Dollars ($4,893.93) together with interest at the rate of $0.6429 per day from May 23, 2007 through the date of judgment and at the legal rate thereafter and costs of suit. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of E. Michael Peters and/or Lome C. Peters to Plaintiff s Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Count III: Judgment in favor of Members 1St Federal Credit Union and against Agapao Flowers & Gifts, Inc., in the amount of Sixteen Thousand Seven Hundred Thirty-three and 89/100 Dollars ($16,733.89) together with interest at the rate of $0.6429 per day from May 23, 2007 through the date of judgment and at the legal rate thereafter and together with additional attorney's fees and costs of suit. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Agapao Flowers & Gifts, Inc., to Plaintiff s Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. ~~ 17, aoo7 I hereby certify that the proper persons to receive this notice under Pa. R.C.P. 236 E. Michael Peters 30 Emlyn Lane Mechanicsburg, PA 17055 Lorrie C. Peters 30 Emlyn Lane Mechanicsburg, PA 17055 ti Agapao Flowers & Gifts, Inc Louie C. Peters, President 30 Emlyn Lane Mechanicsburg, PA 17055 c/o Agapao Flowers & Gifts, Inc. 275 Cumberland Parkway Box 155 Mechanicsburg, PA 17055 A: E. Michael Peters, Lorrie C. Peters y Agapao Flowers & Gifts, Inc. Por este medio se le esta notificando que el de 2007 eUla siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fecha: Protonotario Certifico que la siguiente direccion as la del defendido/a Begun indicada en el certificado de residencia: E. Michael Peters Lorrie C. Peters 30 Emlyn Lane 30 Emlyn Lane Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Agapao Flowers & Gifts, Inc. c/o Lorne C. Peters, President 30 Emlyn Lane Mechanicsburg, PA 17055 Agapao Flowers & Gifts, Inc. c/o 275 Cumberland Parkway BOX 155 Mechanicsburg, PA 17055 Respectfully submitted, Date: July 16, 2007 ~rl M. L~debolim, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff r .~, SHERIFF'S RETURN - REGULAR CASE NO: 2007-03283 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS PETERS E MICHAEL ET AL MARK CONKLIN Sheriff ar Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PETERS E MICHAEL the DEFENDANT at 1610:00 HOURS, on the 6th day of June 2007 at 30 EMLYN LANE MECHANICSBURG, PA 17055 LORRIE PETERS, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Postage .58 Surcharge 10.00 .00 (, ~ f 5°~v ? ~, 3 8.18 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/07/2007 KARL LEDEBOHM By: Deputy Sheriff of A.D. r .r. CASE NO: 2007-03283 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS PETERS E MICHAEL ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PETERS LORRIE C the DEFENDANT at 1610:00 HOURS, on the 6th day of June 2007 at 30 EMLYN LANE MECHANICSBURG, PA 17055 by handing to LORRIE PETERS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. SHERIFF'S RETURN - REGULAR Sheriff's Costs: Docketing Service Affidavit Surcharge ~~~~~a-~ 6.00 .00 .00 10.00 .00 So Answers: ^~ ~~ ~ r / 16.00 Sworn and Subscibed to before me this day of , R. Thomas Kline 06/07/2007 KARL LEDEBOHM By: Deputy eriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03283 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS PETERS E MICHAEL ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AGAPAO FLOWERS & GIFTS INC the DEFENDANT at 1610:00 HOURS, on the 6th day of June 2007 at 30 EMLYN LANE MECHANICSBURG, PA 17055 by handing to LORRIE PETERS, OFFICE OF COMPANY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Lllt~'b7 So Answers: 6.00 10.00 R. Thomas Kline / 16.00 06/07/2007 KARL LEDEBOHM ~ Sworn and Subscibed to before me this of /" By: day Deputy Sheriff A.D. t Fir f~ - Deb dec(c~d ~nfcr~p~y ~ I~-r"t ~~ll ed 8 ~~~a~7 D~ 1~<_ia i ~~; ~ ;:de~hc,hr~t> ;squire E'.t ~ Esc ~ o ~ ~'-. '~e~.~ d~~:P~~berlan~i, P.~ 1 ;070-0173 ~ ~ 1 ~ i~>: ~ 8~ n~i~3~ ~~~ ~ ~_~~.._, _..~ .~...~_~. ,m_~...._.~._._ I~'I~.AEC"IVF, FOR. WR..[T OF EXEC:'t~TION - (!VIONI~' Jlia(a~1F"~ i'~~ P.R.C'.P. SECTION lI)I TO SEC~'T10N ~1~9 t:'T~', 't;Ii ?~9I~=1 `~~~ ~'t I I;I)EF~~1,L : II~J I'H}~ t'~.)k ?~Z~ ()F °~`3)l~'I~VI~);'v I'I != AM1~< '~~'()'~ :(`I''~%CI~~-.Ki_ "~'~I) C' tT. ,~['~C', I'1-.i~ti~;1 t I'laint~fl` : Oi`-323 t'i~~il Term ~ ~'~mc~unts Iatre: .~~p ~.~r,u~~lt I: ~1 1.~:>9 ~~~ ~~r~~.I ~~'~~unt II: S~I,f~~13.93 1~ro~~~~ E. iL1sc..h:~:' ' ~t>~,.~ ~:~n~I Ls-rrie i'. I'eters~ I3) (~c~~~ant III: `~ l ~"~."'" ~E+:;, t; ~~m :~~sapa{~ }-Ii~~"r~ers ~, t;iil'~s, Ine. +~c~unt I ar~~cl C'~~~int IL l+,~tcres~ Ii~~,r;~ ~, -,'tE~ , t : the° Ie~~al rai. L`t~un? III 'interest ~rc~~~r} ~: ~ ~it!?<rt '~i ~.t3~I:,'.i? i~er cl~;~ arrs:I a~ ie~al rate :`r~~~rra _ ~ ~' ~~~ r_ k .. n ~ . . _ °.II~:_ I I:~~;~ P1;~IF;RS and Atty s ~'~~n,. I_.ega1 l~t~~, ~t~ ~~~: a~~df~ci ~,, , . ~:_~ ~~~:.' ~ ~ ~: `. F~FTI~;~~ and (~'~yrznt-III -'~(~ ~Ig. ~t ~ FI,t)~'FRS & CiIF"l-'S, INS:'. I~)efendants ~ ~~~( ~~ L'~ .i~ t_l ~~ ~-~~Uf- 7 TO T:I-II~ YR()THONOTAR~~": I~St1~ V~RI'I' OF t;XECI~`TION IN 'I'I-I E- :r?-:[3(:IVI~: ~I ~ rrr F; ~c, =~•ec~ted t~~ the sheriff ~f ~"umberlan~I C`c-~irat~;. ~'enns~~I~a~-za. -~'; ~<_~.~ains~. ~:. xvlichael Peters .and Lc~rr~ie (-'. Pet~~r;~. >~ EmI~~~ ~~_ane,'~1eeha~r ~~;~ur~, i'~'~,, l'~s)5~~ C>ef~ndants: and . _ . ,~?~~~r~s~ !~gapao F1~~wer5 c~ (rifts, lne., ~~7ti C ~irnher aiT~ -',er ~a~_ 13~ ~~ ~I=~c°h~nicslrur~, PA I?'05.~~ C)eff~ndant; and r (4) against Mid Penn Bank, 4622 Carlisle Pike, Mechanicsburg, PA 17050, as Garnishee; (5) and index this writ (a} against E. Michael Peters and Louie C. Peters, 30 Emlyn Lane, Mechanicsburg, PA 17055, Defendants; and (b) against Agapao Flowers & Gifts, Inc., 275 Cumberland Parkway, Box 155, Mechanicsburg, PA 17055, Defendant; and (c) against Mid Penn Bank, 4622 Carlisle Pike, Mechanicsburg, PA 17050, Garnishee; and levy upon any and all personal property of defendants as follows: Any and all personal property of the Defendants, E. Michael Peters, Lorne C. Peters andlor Agapao Flowers & Gifts, Inc., in the possession of Mid Penn Bank, as Garnishee, including, without limitation, any and all deposit accounts in which one or more of the said Defendants may have an interest. (d) Exemption has (not) been waived. Dated: ~- 3C~ ~' O ,edebolim, Esquire Court ID #59012 New Cumberland, PA 17070-0173 {717)938-6929 Attorney for Plaintiff P.O. Box 173 ~~~ `='~ 4../ ~p6 ~ !~ 7 { ( ~ m ~~~ ~~ ~ ~ X ~y~ ~ ~ ye ` _ a .. ~ -H ', ~.~i i ~, ( o, ~ O ~ f _. .s m ~ .gy ~ ~ t*~ ~ ~., -~ F Carl D. I,undblad, Esquire Attorney I.D. No. 80059 GRAYSTONE BANK 112 Market Street Harrisburg, Pennsylvania 17101 Attorney for Graystone Bank MEMBERS 1St FEDERAL CREDIT UNION, Plaintiff v. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW E. MICHAEL PETERS and LORI C. PETERS and AGAPAO FLOWERS & GIFTS, INC., Defendant NO.: 07-3283 and GRAYSTONE BANK, Garnishee ANSWERS AND NEW MATTER TO INTERROGATORIES IN ATTACHMENT ADDRESSED TO GARNISHEE, GRAYSTONE BANK By: Carl D. Lundblad, Esq. General Counsel Graystone Bank 112 Market Street Harrisburg, PA 17101 (717)724-4655 Attorney for Garnishee, Graystone Bank GARNISHEE'S ANSWERS TO INTERROGATORIES 1. At the time you were served or an any subsequent time did you owe one or more of E. Michael Peters and Lorrie C. Peters (hereinafter collectively referred to as "Defendants") any money or were you liable to them or any of them on any negotiable or other written instrument, or did they or any of them claim that you owed them or any of them money or were liable to them or any of them for any reason. If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for the transfer of property. ANSWER: Graystone Bank (the "Bank") maintains the following accounts for the parties indicated: Eric Michael Peters Lorrie A Peters 30 Emlyn Lane Mechanicsburg, PA 17055 1. Checking Account #1710005354 Balance as of September 12, 2007 - $778.73 Balance as of September 28, 2007 - $1,618.44 2. Savings Account #1730000153 Balance as of September 12, 2007 - $50.00 Balance as of September 28, 2007 - $50.00 -2- 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by one or more of the Defendants? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for the transfer of property. ANSWER: The Bank maintains the following accounts for the parties indicated: Eric Michael Peters Lorrie A Peters 30 Emlyn Lane Mechanicsburg, PA 17055 1. Checking Account #1710005354 Balance as of September 12, 2007 - $778.73 Balance as of September 28, 2007 - $1,618.44 2. Savings Account #1730000153 Balance as of September 12, 2007 - $50.00 Balance as of September 28, 2007 - $50.00 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by one or more of the Defendants or in which one or more of the Defendants held or claimed any interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for the transfer of property. ANSWER: No. -3- 4. At any time you were served or at any subsequent time did you hold as fiduciary any property in which one or more of the Defendants had an interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for the transfer of property. ANSWER: No. 5. At any time before or after you were served did the Defendants or any of them transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration for? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for the transfer of property. ANSWER: No. 6. At any time after you were served did you pay, transfer or deliver any money or property to one or more of the Defendants or to any person or place pursuant to the direction of them or any of them or otherwise discharge any claim of one or more Defendants against you? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for the transfer of property. ANSWER: Due to a systems oversight, debit cards associated with Checking Account #1710005354 were not immediately cancelled. Accordingly, point of sale debit transactions totaling $88.01 occurred and were debited from this account between September 14, 2007 and September 17, 2007. Debit card transactions were disabled September 17, 2007. -4- 7. If you are a bank. or other financial institution, at the time you were served or at any subsequent time did one or more of the Defendants have funs on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. ANSWER: No. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did one or more of the Defendants have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa. C.S. Section 8123? If so, identify each account. ANSWER: No. NEW MATTER 1. Pursuant to the Bank's Consumer Fee Schedule relating to the accounts referred to in the Bank's Answers to Interrogatories above, Defendants are obligated to the Bank fora "Writ of Execution" fee of $250.00, plus attorney fees, relating to this matter. The Bank hereby claims its right to set-off such amounts owed by Defendants to the Bank from any amount claimed by Plaintiff. 2. The Bank has incurred and will incur attorney fees in the amount of $200.00 in preparation and investigation of the Answers to Interrogatories and in the general handling of this matter. -5- 3. Pursuant to 42 Pa. Con. Stat. Ann. §2503(3), Bank, as Garnishee, is entitled to reasonable counsel fees as a matter of law. WHEREFORE, Bank, Garnishee in this matter, prays that the Court authorize the set-off of the $250.00 writ of execution fee and assess and award reasonable counsel fees as permitted by law in the amount of $200.00 to be set-off from the amounts claimed by Plaintiff. Respectfully submitted, GRAYSTONE BANK By• ~~ Carl D. Lundblad Attorney I.D. No. 80059 112 Market Street Harrisburg, PA 17101 (717) 724-4655 Attorney for Garnishee, Graystone Bank Date: September 28, 2007 -6- VERIFICATION Howard Stein deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, that he/she is the Senior Vice President of Graystone Bank, that he/she makes this verification by its authority and that the facts set forth in the foregoing Answers and New Matter to Interrogatories in Attachment are true and correct to the best of his/her knowledge, information and belief. Date: ~ a~g ~ 7 /~-~ Name: Howard Stein, Senior Vice President -7- CERTIFICATE OF SERVICE I hereby certify that on September 28, 2007, a copy of the foregoing Answers to Interrogatories in Attachment Addressed to Garnishee, Graystone Bank, was served upon the persons and in the manner listed below: Service by U. S. first class mail as follows: Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17050-0173 Eric Michael Peters Lorrie A Peters 30 Emlyn Lane Mechanicsburg, PA 17055 ~ ~ __. ~,6~ti ~' . Ale ~ -s- ~..> -rt c-' ~ ~ . _ _ ~1~` ~ i ", _e_ _ .. `- -- ___. C_~ i C;:r 1 ~ ~ , __3 ~~ :.~ IL q ? fv ; OT!lO i0 TA' IUM13ERLAND coUNT'PENNSYLVANIA Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-929 MEMBERS 1" FEDERAL CREDIT UNION PLAINTIFF Vs. E. MICHAEL PETERS and LORRIE C. PETERS and AGAPAO FLOWERS & GIFTS, INC DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-3283 Civil Term CIVIL ACTION-LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment entered in the above captioned matter satisfied as to all defendants. Date: September 12, 2011 IUrl M. Lkdeb6 im, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff cxuo R -cp f 4 a ? Ica 11P b