HomeMy WebLinkAbout07-3702IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
No. 07 -316,2,
oic.)
Vs.
ELIZABETH MYERS,
Defendant
NOTICE TO DEFEND
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 Document
and Notice are served by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are 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 Documents or for any other claim 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
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-299-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
CITIZENS BANK OF PENNSYLVANIA,
Plaintiff
Vs.
ELIZABETH MYERS,
Defendant
COMPLAINT
No. -77,.-
1. The PLAINTIFF is CITIZENS BANK OF PENNSYLVANIA, a state banking
institution, organized and existing under the laws of the Commonwealth of Pennsylvania, with
one of its principal places of business at 525 William Penn Place, Suite 2720, Pittsburgh,
Commonwealth of Pennsylvania 15219, and hereinafter sometimes referred to as "Bank" and/or
"Plaintiff."
2. The DEFENDANT is ELIZABETH MYERS, an adult female individual,
residing at 29 Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, and
hereinafter sometimes referred to as "Defendant".
3. On or about July 14, 2006, the Bank extended to The Alvis Group, Inc a credit
facility in the form of a $15,000.00 line of credit.
4. To evidence the credit facility of $15,000.00 extended by the Plaintiff to The
Alvis Group, Inc. as set forth in Averment 3 hereof, on or about July 14, 2006, The Alvis Group,
Inc., as obligor, executed a "Commercial Line Note" for the face amount of $15,000.00 in favor
of the Plaintiff, as obligee, Loan #8367116-0101.
5. Attached hereto, marked Exhibit "A" and incorporated herein by reference is a
true and correct copy of the "Commercial Line Note" for the face amount of $15,000.00 executed
by The Alvis Group, Inc. as obligor, in favor of the Plaintiff, as obligee, dated July 14, 2006.
6. To secure and to collateralize the liability of The Alvis Group, Inc. to the Bank,
on or about July 14, 2006, the Defendant executed in favor of the Bank a "Guaranty" wherein the
Defendant guarantied to the Bank the liability of The Alvis Group, Inc. to the Bank on account of
the "Commercial Line Note" (Exhibit "A").
7. Attached hereto, marked Exhibit "B" and incorporated herein by reference
thereto is a true and correct copy of the "Guaranty" dated July 14, 2006 executed by the
Defendant in favor of the Bank.
8. The "Commercial Line Note" (Exhibit "A") and "Guaranty" (Exhibit "B") have
not been assigned, transferred or negotiated by the Plaintiff and the Plaintiff is the holder of the
"Commercial Line Note" (Exhibit "A") and the "Guaranty" (Exhibit "B") and is the real party in
interest.
The "Commercial Line Note" (Exhibit "A") is payable on demand.
to. However, until demand is made on account of the "Commercial Line Note"
(Exhibit "A"), The Alvis Group, Inc. was obligated to pay to the Bank interest on a monthly
basis.
it. The Alvis Group, Inc. has not made regular monthly payments of interest under
the "Commercial Line Note" (Exhibit "A") for the months of February, March, April and May of
2007.
12. The failure of The Alvis Group, Inc. to make regular monthly payments of
interest as set forth in Averment 11 hereof constitutes a default under the "Commercial Line
Note" (Exhibit "A").
13. As a result of the default by The Alvis Group, Inc. as set forth in Averment 12
hereof and pursuant to the Bank's rights under the "Commercial Line Note" (Exhibit "A"), on
May 24, 2007, the Bank issued a demand letter to the Defendant demanding payment in full of all
principal, interest, late charges and costs due on account of the "Commercial Line Note" (Exhibit
"A„
14. Attached hereto marked Exhibit "C" and incorporated herein by reference is the
written demand dated May 24, 2007 upon the Defendant.
15. The Alvis Group, Inc. did not pay the Bank in full all interest, late charges and
costs due on the "Commercial Line Note" (Exhibit "A") on or before June 1, 2007, being the date
set forth in the written demand attached as Exhibit "C".
16. As of June 6, 2007, the following amounts are owed by The Alvis Group, Inc. to
the Bank on account of the "Commercial Line Note" (Exhibit "A"):
PRINCIPAL $14,000.00
INTEREST $ 608.77
LATE CHARGES $ 165.00
TOTAL $14,773.77
17. The principal balance due on the "Commercial Line Note" (Exhibit "A"), being
$14,000.00, is accruing interest at the rate of 15.25% with the per diem amount being $5.93.
18. A default by The Avis Group, Inc. under the "Commercial Line Note" (Exhibit
"A") is a default by the Defendant under the "Guaranty" (Exhibit `B").
19. In addition to the Bank dispatching a notice of default and demand for payment
to The Avis Group, Inc. on May 24, 2007 (Exhibit "C") the Bank also issued a notice of default
and demand for payment upon the Defendant on May 24, 2007, which notice of default and
demand for payment is set forth in Exhibit "C".
20. The Defendant is obligated to the Bank under the "Guaranty" (Exhibit "B") for
the amounts set forth in Averment 16.
I ,
21. In addition to the amounts due as set forth in Averment 16, pursuant to the terms
of the "Commercial Line Note" (Exhibit "A"), Bank is entitled to reasonable attorney's fees.
Bank requests legal fees of $1,500.00.
22. The principal balance due on the "Commercial Line Note" (Exhibit "A"), being
$14,000.00, is accruing interest at the rate of 15.25% with the per diem amount being $5.93.
WHEREFORE, the Plaintiff, Citizens Bank of Pennsylvania, prays for judgment in favor
of the Plaintiff, Citizens Bank of Pennsylvania, and against the Defendant, Elizabeth Myers, for
the following amounts along with costs of suit:
PRINCIPAL $14,000.00
INTEREST $ 608.77
LATE CHARGES $ 165.00
LEGAL FEES $ 1,500.00
TOTAL $16,273.77
Plus interest since the date of this Complaint until Judgment at the per diem amount of
$5.93
DATED: June 6, 2007
REAM, CARR, MARKEY & WOLOSHIN LLP
BY:
Jack F. Ream, Esquire
119 East Market Street
York, PA 17401
I.D. 10241
Phone 1-717-843-8968
Fax 1-717-846-6676
E-Mail JckReam@aol.com
Attorney for Plaintiff
Citizens Bank-of Pennsylvania
3
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, a Notary Public, in and for the said
County and State, personally appeared JAMES N. WALSH, who,
being duly sworn according to law, doth depose and say that
he is a Banking Officer of CITIZENS BANK OF PENNSYLVANIA, a
state banking institution organized and existing under the
laws of the Commonwealth of Pennsylvania, and that as such
officer is authorized to make this Affidavit on behalf of
CITIZENS BANK OF PENNSYLVANIA and that the facts set forth
in the foregoing document are true and correct to the best
of his knowledge, information and belief.
CITIZENS BANK OF PENNSYLVANIA
(SEAL)
Sworn and Subscribed to
before me this /5-A day
of 77JA/6 , 2006.
Notary Public
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EXHIBIT "A"
a Citizens Bank
Borrower(s) Name and Address:
THE ALVIS GROUP, INC.
4807 JONESTOWN ROAD
SUITE 205
HARRISBURG, PA 17109
Date of Agreement: 07/1412006 Initial Rate: 10.250 %
Margin: 2.00 % Maximum Rate: 18.00 % Principal Amount. `; 15,000.00
® If checked here, this loan is guaranteed by the Small Business Administration ("SBA").
LENDER:
Citizens Bank of Rhoda Island
1 Citizens Plus
Providence, R102903 rzens gank Naw Hampshire
87a Elm I
Mw0hester, NN 03101
ticut
3 Citizens Bank of nnec
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8
N. Lon upendon, CT osazv Side
® 1736MarkRetnS of Pennsylvania
Phaad 1--1 PA 19103
Citizens Bank
VVYlhnlnngtonD Ea19j % 9WN 200
COMMERCIAL LINE NOTE
PROMISE TO PAY: FOR VALUE RECEIVED, the undersigned (the "Borrower" or "you")
promises to pay to the order of the lender named above (the "Lender", "we", "us", or "our") the
principal amount shown above, or such lesser amount as may be outstanding hereunder, plus interest,
costs and fees as described heroin.
REVOLVING FEATURE: This Note possesses a revolving feature. Upon satisfaction of
the conditions set forth in this Note, and subject to any restrictions and limitations stated herein,
Borrower shall be entitled to borrow up to the full principal amount of the Note and to repay and
reborrow from time to time during the term of the Note.
Information with regard to any loans or advances or letters of credit issued under this Note
shall be recorded and maintained by Lender in its internal records and such records shall be
conclusive as to the information set forth therein absent manifest error. Lender's failure to record the
date and amount of any loan or advance or letters of credit shall not limit or otherwise affect the
obligations of the Borrower under this Note to repay the principal amount of the loans or advances or
letters of credit together with all interest accruing thereon. Lender shall not be obligated to provide
Borrower with a copy of the record on a periodic basis. Borrower shall be entitled to inspect or
obtain a copy of the record during Lender's business hours.
CONDITIONS FOR ADVANCES: If them is no Default (as defined below) under this
Note, Borrower shall be entitled to borrow monies under this Note (subject to the limitations described
above) under the following conditions:
At the time of each advance requested by Borrower under this Note, the Borrower shall have
complied with all of the terms, conditions and requirements of that certain Business Loan and Security
Agreement between Borrower and Lender and dated the date hereof (the "Loan Agreement"). The
Lender reserves the right to request evidence satisfactory to it that, at the time of each advance, there
exists no Default or event of Default under this Note, the Loan Agreement or any document or
instrument delivered pursuant to or in connection with this Note. Lender may terminate any further
advances upon Default by Borrower or, absent Default, upon demand for payment of this Note.
Lender may demand payment in full under this Note at any time, in its sole discretion and without
cause.
EXHIBIT "A"
SBLine Note - Rev. WDS
Page 2 ,
LETTERS OF CREDIT: If there is no Default under this Note, Borrower shall be entitled to request
that the Bank issue commercial or standby letters of credit under this Note (subject to the limitations described
above) pursuant to the following conditions:
(a) Issuance of Letters of Credit. From time to time on any business day occurring prior to Default
or demand hereunder, the Borrower may request the issuance of commercial or standby letters of credit (each a
"Letter of Credit" and collectively, "Letters of Credit") for its own account in respect of obligations of the
Borrower in stated face amounts (each such stated face amount not to be less than $1,000) requested by the
Borrower on such day with an expiry date not later than the earlier of one year from the date of such issuance;
or extend the expiry date of an existing Letter of Credit previously issued hereunder to a date not later than one
year from the date of such extension.
No issuance or extension of a Letter of Credit shall be made if, after giving effect thereto: (a) the aggregate
face amount of all outstanding Letters of Credit, !lju (b) the aggregate outstanding principal amount of all
outstanding advances under this Note is neater than (c) the principal amount of this Note.
To request the issuance of a Letter of Credit (or the extension of an outstanding Letter of Credit) the Borrower
shall hand deliver to the Bank a notice requesting the issuance of a Letter of Credit, or identifying the Letter of
Credit to be extended, the date of issuance or extension, the date on which such Letter of Credit is to expire
(which shall comply with the limitations set out above) as well as submitting the appropriate letter of credit
application on the Bank's standard form.
Each Letter of Credit issued by the Bank shall be, in addition to the terms hereof, subject to the terms and
conditions of any form of letter of credit application or other agreement submitted or entered into by the
Borrower in connection with the issuance of any Letter of Credit. In the event of any inconsistency between
the terms and conditions of this Note, the Loan Agreement, and the terms of any form letter of credit
application or other agreement submitted or entered into by the Borrower in connection with the issuance of
any Letter of Credit, the terms and condition of such letter of credit application or other agreement shall
control.
(b) Reimbursement. If the Bank shall honor or otherwise make any disbursement in respect of a
Letter of Credit, the Borrower shall reimburse the Bank in the full principal amount of such disbursement by
paying to the Bank an amount equal to such disbursement not later than the close of business on the day such
disbursement is made. Notwithstanding the foregoing, the Borrower may, subject to the terms and conditions
of this Note, request that such reimbursement payment be financed by means of an advance hereunder. The
Borrower acknowledges and agrees that the Bank is under no obligation to so honor any such request and that
unless the Borrower shall reimburse the Bank in full on the date such disbursement is made, the unpaid amount
thereof shall bear interest, for each day from and including the date of such un-reimbursed disbursement is
made to but excluding the date that the Borrower reimburses such disbursement, at the rate per annum then
applicable to advances hereunder.
(c) Letter of Credit Fees. The Borrower agrees to pay to the Bank a Letter of Credit fee in an
amount equal to the then applicable interest rate for advances hereunder multiplied by the stated face amount of
all Letters of Credit outstanding, such fee to be paid monthly in arrears in accordance with the payment
scheduled set out below. The Borrower further agrees to pay to the Bank (i) on the date of (x) the issuance of
each Letter of Credit, (y) each increase in the stated face amount thereof and (z) each extension (automatic or
otherwise) of the stated expiry date thereof, an issuance fee as provided for in the letter of credit application or
other agreement submitted or entered into by the Borrower in connection with such issuance, increase or
extension, and (ii) all reasonable costs and expenses incurred by the Bank in connection with such Letter of
Credit.
(d) Cash Coliateratization. If the Bank shall make demand hereunder or upon the occurrence of any
Default, on the day that the Borrower receives notices from the Bank demanding the deposit of cash collateral,
the Borrower shall deposit in an account with the Bank, in the name of and for the benefit of the Bank, an
amount in cash equal to the aggregate amount of all Letters of Credit then outstanding. Such deposit shall be
held by the Bank as collateral for the payment and performance of the obligations of the Borrower with respect
to such outstanding Letters of Credit, this Note, the Loan Agreement, and any application or agreement
submitted or entered into by the Borrower in connection with the issuance of any Letter of Credit. The Bank
shall have exclusive dominion and control, including the exclusive right of withdrawal, over such account.
Other than interest earned on the investment of such deposits, which such investments shall be at the option
and sole discretion of the Bank and at the Borrower's risk and expense, such deposits shall not bear interest.
Interest or profits, if any, on such investments shall accumulate in such account. Moneys in such account shall
be applied by the Bank to reimburse the Bank for Letter of Credit disbursements for which it has not been
reimbursed and, to the extent not so applied, shall be held for the satisfaction of the reimbursement obligations
of the Borrower for outstanding Letters of Credit, or, if demand has been made hereunder, be applied to satisfy
other obligations of the Borrower under this Note. If the Borrower is required to provide an amount of cash
collateral hereunder as a result of the occurrence of a Default, and the Bank shall refrain from demanding
payment hereunder, such amount (to the extent not applied as aforesaid) shall be returned to the Borrower
within 3 business days after all Defaults have been cured or waived.
(c) Foreign Exchange. If there is no Default under this Note and the Lender and Borrower have
entered into the Agreement Regarding Foreign Exchange Transactions (the "FX Agreement"), which allows the
Borrower from time to time to enter into transactions for the purchase of one currency in exchange for the sale
of another currency (the "FX Transaction"), Borrower and Lender agree that in the event there are insufficient
funds in Borrower's accounts with Lender to make payment to settle the FX Transaction, Lender and Borrower
agree that Lender may provide an Advance to settle the FX Transaction. Such Advance shall be subject to the
terms and conditions of this Agreement.
Page 3
VARIABLE INTEREST RATE: Interest shall accrue on this Note beginning at the Initial Rate
set forth above. This Note has a variable interest rate feature. The interest rate may change from time to time if
the index Rate identified below changes. Interest shall be calculated at a variable rate equal to the sum of the
Margin shown. above, plus the Index Rate. Any change in the interest rate resulting from a change in the Index
Rate will be effective on the date of each change in the Index Rate. For SBA guaranteed loans, the interest rate
will change on the first day of the calendar month following a change in the Index Rate. This interest rate change
will not occur more often than once each month. Interest shall be computed on the basis of actual days elapsed
over a 365-day year. In the event of a Default (as defined below), Lender may declare that Interest shall accrue
on this Note at the Default Rate, as provided for in the section below regarding "Powers Upon Default."
INDEX RATE: The Index Rate for this Note shall be The Wall Street Journal Prime Rate. The
"Wall Street Journal Prime Rate" is defined as the "Prime Rate" for domestic banks, as published in The Wall
3goet Journal . in the "Money Rates" section. If more than one such rate is published on any given day, the
highest published rate shall be used to determine the Index Rate. The "Prime Rate" is not necessarily the lowest
rate offered by Lender, nor by the lenders whose rates are surveyed by The Wall Street Journal. If The Wall
Street Journal ceases to publish a "Prime Rate," the Lender may choose a substitute source for the Prime Rate or
may choose a substitute index. If the Lender chooses a substitute index, it may also choose a substitute margin so
that the new index and margin result in an interest rate substantially similar to the Interest Rate in effect at the
time the Prime Rate ceases to be published in The Wall Street Journal.
MAXIIVILIM RATE: The interest rate on this Note shall not exceed the Maximum Rate set forth
above.
PAYMENT SCHEDULE: This Note is payable ON DEMAND. Until demand is made,
Borrower shall pay the principal and interest according to the following schedule:
Borrower must make regular monthly payments beginning one month from the date hereof and on
the same day of each month thereafter, in the following amounts:
® If the box at the beginning of this paragraph is checked, Borrower's regular monthly payments
will be equal to the sum of (a) accrued interest and any other charges posted by Lender at the close of the billing
cycle, plus (b) any amount which is past due, plus (c) any amount by which the outstanding principal balance
under this Note exceeds the maximum principal amount of this Note (set forth at the beginning of this Note).
This minimum monthly payment will not reduce the principal that is outstanding under this Note, and will result
in greater expenses over the life of this Note. In addition to the minimum monthly payment set forth above,
Borrower agrees that at least once during each 12 consecutive calendar month period (beginning on the date of
this Note) Borrower will reduce, for 30 consecutive days, the outstanding principal balance of this Note to not
more than fifty percent (50"/0) of the highest outstanding principal balance under this Note for the preceding 12
calendar months.
Unless the box at the beginning of the preceding paragraph has been checked. Borrower's regular monthly
payment will be equal to the sum of (a) accrued interest and any other charges posted by Lender at the close of
the billing cycle, plus (b) principal in the minimum amount of (i) $200.00 or (ii) two percent (23'0) of the
outstanding principal balance at the close of the billing cycle, whichever is greater (however, the minimum
payment will never exceed the entire amount outstanding), plus (c) any amount which is past due, plus (d) any
amount by which the outstanding principal balance of this Note exceeds the maximum principal amount of this
Note (set forth at the beginning of this Note).
If you have so indicated on the Application and have completed an authorization on the form we
provided to you, you authorize us to debit your Citizens Bank business checking account with us for all sums
(including, without limitation, principal, interest and fees) payable under this Note and the Loan Documents (as
defined below); provided, however, that this provision shall not obligate us to create or allow any overdraft, and
further provided that such authority shall not relieve you of the obligation to assure that payments are made when
due if there are not sufficient good funds in your account. You understand that in exchange for your
authorization to deduct your payments from your checking account we have reduced the interest rate payable
under this Note by one percent (1%). If you close your checking account, if you revoke your authorization to
debit payments from your checking account, or if automatic payments are otherwise terminated for any reason, we
have the right to increase the Margin disclosed at the beginning of this Note by one percent (1%) without any
prior notice to you.
Unless payments are made by automatic debit of your checking account, you must make payments
to Lender at the address on the billing statement in lawful currency of the United States of America.
If Borrower wants to pay the outstanding balance of this Note in full with a check or similar
instrument that has such special notations or instructions on it or with it, but not terminate this Note, Borrower
must send the payment (including special notations or instructions) to the address for such payments listed on the
billing statement.
If Borrower wants to pay the outstanding balance of this Note in full with a check or similar
instrument that has such special notations or instructions on it or with it, and terminate this Note, Borrower must
send the payment (including special notations or instructions) to the address for such payments listed on the
billing statement.
If payment in full is received at any other address, (i) Lender may ignore any special notations or
instructions, and (ii) Lender's crediting any such check or other instrument to the Credit Line does not mean that
Lender has agreed to the special notations or instructions.
Page 4
REQUESTING ADVANCES: You may request an advance on this Note by using the
special loan checks we will give you. The following rules apply to your use of special loan checks:
a) Lost Or Stolen Special Loan Checks. You agree to tell us if special loan checks are lost
or stolen, or if you believe someone is taking advances on this Note without your permission. The fastest
way to notify us is by calling us at 1-8004-BUSINESS.
b) Forged Special Loan Checks. You agree that we do not have to pay any of your special
loan checks if we believe the signature on the check has been forged, unless you tell us to.
c) Postdated Special Loan Checks. If you date a special loan check with a date that is later
than the date on which you actually wrote the special loan check, you agree that we may pay the special loan
check, even if we pay it or post it to the principal balance of this Note on a date which is earlier than the date
on the special loan check.
d) Stopping Payment on a Special Loan Check. You can ask us to stop payment on any
special loan check you have written that has not been paid by calling us at the telephone number shown on
your statement. An oral stop payment order will stay in effect for fourteen (14) days, unless you confirm it in
writing or tell us to cancel it.
You can confirm your stop payment order by writing to us at the address shown on your
statement. A written stop payment request will stay in effect for six (6) months, unless you tell us to cancel
it.
e) We Are Not Liable. We will not be liable if anyone fails to honor a special loan check
written by you.
f) Paying Special Loan Checks In Excess of Your Credit Limit. We do not have to pay
any special loan check that would cause the principal balance of this Note to exceed the Principal Amount of
this Note. However, we may do so if we choose.
g) Paying Special Loan Checks After Termination. We will not pay any additional special
loan checks presented to us for payment after we send you notice of termination of this Note. If you
terminate this Note, you will be responsible for paying any additional advances we make to pay special loan
checks which are presented to us for payment before we have had a reasonable amount of time to implement
your termination notice. Once we have implemented your termination notice, we will not pay any additional
special loan checks presented to us for payment.
PREPAYMENT: This Note may be prepaid in part or in full at any time without penalty.
LATE FEE: If any payment of principal or interest due hereunder is not paid within ten (10)
days of the due date, Lender may require Borrower to pay a late fee equal to five percent (50/6) of the overdue
amount or $35.00, whichever is greater, in addition to and not in lieu of further accrual of interest on any
overdue amount. For business loans to non-corporation borrowers in amounts less than or equal to $10,000,
the lender may assess a delinquency charge of twenty dollars ($20) or ten percent (10%) of each installment
or payment, whichever is higher, which is in default for more than 15 days.
ANNUAL FEE: On each yearly anniversary of the date of this Note, you shall pay us an
Annual Fee of $100 by means of an Advance under the Credit Line which shall not be subject to any refund
upon termination.
SECURITY: This Note is secured by all collateral described in the Loan Agreement,
together with all securities or other property of Borrower now or hereafter held by Lender and all
deposits (other than IRA accounts) of Borrower held by Lender. Borrower gives Lender an express
right of setoff against any such deposit accounts.
BUSINESS LOAN AND SECURITY AGREEMENT: This Note is subject to the terms and
entitled to the benefits of the Loan Agreement. In the event there is any inconsistency between the provisions
of this Note and the provisions of the Loan Agreement, the provisions of this Note shall govern. This Note,
the Loan Agreement, and every other document executed in connection therewith are referred to in this Note
as the "Loan Documents." Borrower's obligations under the Loan Documents are referred to in this Note as
the "Obligations".
EVENTS OF DEFAULT: This Note is payable on demand. The includsion of events of
Default hereunder shall not limit Lender's right to demand payment in its sole discretion. The following shall
be events of default under this Note (each referred to herein as a "Default"):
(1) Failure by Borrower, or by any Co-Obligor, endorser, guarantor or surety for or under
any of the Obligations (each referred to herein as a "Co-Obligor"), to make full and prompt payment when
due, of any amount required to be paid to Lender under any of the Loan Documents or any other agreement;
Page 5
(2) Failure by Borrower or any Co-Obligor to perform, keep or observe any other term,
provision, condition, covenant, agreement, warranty or representation contained in any of the Loan
Documents or any other agreement with or in favor of Lender, which failure continues for ten (l0) days
after notice thereof by Lender to the person or entity required to perform, keep or observe such term,
provision, condition, covenant, agreement, warranty or representation;
(3) If any representation, statement, report or certificate made or delivered by Borrower
or any Co-Obligor is false or incorrect in any material respect when made or delivered;
(4) If any attachment, trustee process, lien, execution, levy, injunction, or receivership
issued or made against the Borrower, any Co-Obligor or any Collateral securing the Obligations (referred
to herein as "Collateral") is not removed within thirty (30) days or if any final judgment and execution
issued against Borrower or any Co-Obligor remains unsatisfied for thirty (30) days;
(5) The entry of a decree or order for relief with respect to the Borrower or any
Co-Obligor in an involuntary case under the federal bankruptcy law, as now or hereafter constituted, or
any other applicable federal or state bankruptcy, insolvency or other similar law, or appointing a receiver,
liquidator, trustee, custodian (or similar official) of or for the Borrower or any Co-Obligor, or ordering the
winding-up or liquidation of its affairs which is not promptly contested and released or discharged within
sixty (60) days;
(6) The commencement by the Borrower or any Co-Obligor of a voluntary case under the
federal bankruptcy law, as now constituted or hereafter amended, or any other applicable federal or state
bankruptcy, insolvency or other similar law, or the consent by Borrower or any Co-Obligor to the
appointment of or taking possession by a receiver, liquidator, trustee, custodian (or other similar official)
of or for the Borrower or any Co-Obligor or for any substantial part of its property, or the making by
Borrower or any Cc-Obligor of any assignment for the benefit of creditors, or the insolvency or the failure
of the Borrower or any Co-Obligor generally to pay its debts as such debt become due, or the taking of
action by the Borrower or any Co-Obligor in furtherance of any of the foregoing;
for this Note;
(7) Loss or destruction of or substantial damage to any material portion of any Collateral
(8) Default which has not been cured during any applicable cure period in the prompt
payment, performance or observance of any term, provision, condition, covenant, warranty or
representation set forth in any mortgage, lien or encumbrance affecting any Collateral for this Note,
whether or not such mortgage, lien or encumbrance is senior or junior to Lender's interest therein and
whether or not such mortgage, lien or encumbrance has been consented to by Lender, provided, however,
that nothing herein shall be deemed to be a consent by Lender, implied or otherwise, to the granting of
any mortgage, lien or encumbrance on the Collateral; or
(9) Such a change in the condition or affairs (financial or otherwise) of the Borrower
any Co-Obligor, or decline in the value of the Collateral as, in the opinion of the Lender, materially
impairs the Lender's security or increases its risk or if the Lender in good faith deems itself insecure.
POWERS UPON DEFAULT: Upon the occurrence of any Default or at any time
thereafter, Lender may, at its option, without notice or demand, do any one or more of the following, in
addition to any other right or remedy that Lender may have at law or in equity or given to Lender under
any of the Loan Documents, all of which are hereby authorized by Borrower:
(1) Declare the Obligations immediately due and payable;
(2) Cease advancing money or extending credit to or for the benefit of the Borrower
under any agreement;
(3) Set-off against any and all deposits, accounts, certificate of deposit balances, claims,
or other sums at any time credited by or due from the Lender to the Borrower and against all other
property of Borrower in the possession of Lender or under its control;
(4) Realize immediately upon any Collateral;
(5) Declare that Interest shall accrue on this Note at a rate (the "Default Rate") equal to
the lesser of (i) the sum of the Index Rate identified below, plus the Margin shown above, plus four
percent (4%); and (ii) the Maximum Rate set forth at the beginning of this Note.
COLLECTION EXPENSES: The Borrower agrees to pay all actual costs of collection
and attempted collection, including, without limitation: (1) those expenses incurred or paid to protect,
preserve, collect, lease, sell, repair, improve, advertise, locate, take possession of, liquidate or otherwise
deal with any Collateral for this Note, (2) expenses of dealing with any person or entity in any bankruptcy
proceeding, (3) all out-of-pocket expenses incurred by the Lender for the Lender's attorney and paralegal
fees, disbursements, and costs, all at such rates and with respect to such services as the Lender in its sole
discretion may elect to pay (as such rates may vary from time to time during the course of the
performance of such services) including the costs of attorneys who are employees of the Lender, and (4)
the costs of appraisers, engineers, investment bankers, environmental consultants and other experts that
may be retained by the Lender in connection with such collection efforts. Such costs will be added to the
unpaid balance of the loan.
Page 6
WAIVER OF RIGHTS: The Borrower waives the rights of demand, protest, notice
of acceptance of this Note, notice of default or dishonor, presentment, notice of loans made, credit
extended, collateral received or delivered or other action taken by the Lender hereunder and all other
demands and notices of any description.
MULTIPLE BORROWERS: In the event that the word "Borrower" refers to more
than one person or entity, all representations and obligations under this Note shall be joint and several.
LENDER'S RIGHTS: The Lender shall not be deemed to have waived any of its
rights under this Note or otherwise unless such waiver is in writing and signed by the Lender.
Lender's failure to require strict performance of the terms, covenants and agreements of this Note or
any other of the Loan Documents, or any delay or omission on the part of the Lender in exercising
any right, or any acceptance of partial or adequate payment or performance shall not waive, affect or
diminish such right or Borrower's duty of compliance and performance therewith. A waiver on any
one occasion shall not be construed as a bar to or waiver of the same or any other right on the same
or any future occasion. All rights and remedies of the Lender under this Note or any other of the
Loan Documents, shall be cumulative and may be exercised singularly or concurrently. This Note
may be negotiated, extended or renewed by the Lender without releasing the Borrower or any
Co-Obligor.
GOVERNING LAW; SEVERABILITY: This Note shall be construed in all
respects in accordance with, and governed by, the internal laws of the State set forth in Lender's
address, above (the "State"). Wherever possible, each provision of this Note shall be interpreted in
such manner as to be effective and valid under applicable law, but if any provisions of this Note shall
be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of
such prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Note. This Note has been delivered to Lender and accepted by Lender in the State.
If there is a lawsuit involving this Note, Borrower hereby irrevocably submits to the jurisdiction of the
courts of the State (and the federal courts located in the State).
MODIFICATION: This Note may not be altered or amended except by an
agreement in writing signed by both Lender and Borrower.
APPLICATION OF PAYMENT: Borrower irrevocably waives the right to direct
the application of any and all payments at any time or times hereafter received by Lender from
Borrower, or from any other source, and Borrower does hereby irrevocably agree that Lender shall
have the continuing exclusive right to apply and reapply any and all payments received at any time or
times hereafter against the Obligations in such manner as Lender may deem advisable.
ASSIGNMENT; SUCCESSORS AND ASSIGNS: Borrower shall not be entitled to
assign any of its rights or obligations under this Note without Lender's prior written consent. Lender
shall be entitled to assign some or all of its rights under this Note without notice to or consent of
Borrower. This Note shall be binding upon and inure to the benefit of Borrower, Lender and their
respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees and
devisees.
WAIVER OF JURY TRIAL: LENDER AND BORROWER EXPRESSLY AND
VOLUNTARILY WAIVE ANY AND ALL RIGHTS, WHETHER ARISING UNDER THE UNITED
STATES OR ANY STATE CONSTITUTION, ANY RULES OF CIVIL PROCEDURE, COMMON
LAW OR OTHERWISE, TO DEMAND A TRIAL BY JURY IN ANY ACTION, LAWSUIT,
PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE BASED UPON,
OR ARISING OUT OF, THIS NOTE OR THE LOAN DOCUMENTS, ANY AGREEMENTS
ARISING UNDER OR RELATING TO THIS NOTE, ANY COLLATERAL SECURING THE
OBLIGATIONS, OR THE DEALINGS OR RELATIONSHIPS BETWEEN OR AMONG LENDER
AND BORROWER, OR ANY OF THEM. NEITHER LENDER NOR BORROWER, INCLUDING
ANY ASSIGNEE OR SUCCESSOR OF LENDER OR BORROWER, SHALL SEEK A JURY
TRIAL IN ANY SUCH ACTION. NEITHER LENDER NOR BORROWER SHALL SEEK TO
CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION WHEN A JURY TRIAL
CANNOT BE OR HAS NOT BEEN WAIVED. THESE PROVISIONS SHALL BE SUBJECT TO
NO EXCEPTIONS. NEITHER LENDER NOR BORROWER HAS IN ANY WAY AGREED WITH
OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS PARAGRAPH WILL
NOT BE FULLY ENFORCED IN ALL INSTANCES.
BORROWER EXPRESSLY AGREES THAT THE INTEREST RATES SPECIFIED IN
THIS NOTE SHALL BE THE APPLICABLE INTEREST RATES DUE (A) ON AMOUNTS
OUTSTANDING DURING THE TERM OF THIS NOTE, SUBJECT TO THE MAXIMUM RATE
PRESCRIBED ABOVE, AND (B) WITH RESPECT TO ANY AMOUNT OUTSTANDING ON AND
AFTER THE MATURITY DATE OF THIS NOTE.
Page 7
WAIVER: If the "State" (as defined above) is Connecticut, the following applies:
BORROWER ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS NOTE IS A
PART IS A COMMERCIAL TRANSACTION AND TO THE EXTENT ALLOWED UNDER
CONNECTICUT GENERAL STATUTES SECTIONS 52-278a TO 52-278M INCLUSIVE, OR BY
OTHER APPLICABLE LAW; BORROWER WAIVES ANY RIGHTS THAT BORROWER HAS TO
NOTICE AND HEARING WITH RESPECT TO ANY PREJUDGMENT REMEDY WHICH
LENDER, OR ITS SUCCESSORS OR ASSIGNS, MAY DESIRE TO USE; AND BORROWER
FURTHER WAIVES ANY REQUIREMENT THAT LENDER POST A BOND OR OTHER
SECURITY IN CONNECTION WITH SUCH PREJUDGMENT REMEDY.
MAINE: If the address for the Borrower is Maine, the following notice applies:
No 'c . Under Maine law, no promise, contract or agreement to lend money, extend credit, forbear
from collection of a debt or make any other accommodation for the repayment of a debt for more than
$250,000 may be enforced in court against Lender, unless the promise, contract or agreement is in
writing and signed by Lender. Accordingly, Borrower cannot enforce any oral promise to extend
credit unless it is contained in a written document signed by Lender, nor can any change,
forebearance, or other accommodation relating to any extension of credit by Lender to Borrower be
enforced, unless it is in writing signed by Lender.
Possession: CONFESSION OF JUDGMENT: If the collateral address is
Pennsylvania, the following applies: Grantee may enter upon and take possession of the Premises
with or without legal action, and by force if necessary, collect therefrom all rentals (which term
shall also include sums payable for use and occupation) and, after deducting all costs of
collection and admhtistration expense, apply the net rentals to any one or more of the following
items in such manner and in such order of priority as Grantee, in Grantee's sole discretion, may
elect: the payment of any sums due under any prior lien, taxes, water and sewer rents, charges
and claims, insurance premiums and all other carying charges, and to the maintenance, repair
or restoration of the Premises, or on account of the Liabilities; in and for that purpose Grantor
hereby assigns to Grantee all rentals due and to become due under any lease or leases or rights
to use and occupation of the Premises hereafter created, as well as all rights and remedies
provided in such lease or leases or at law or in equity for the collection of the rentals. FOR
THE PURPOSE OF OBTAINING POSSESSION OF THE PREMISES FOLLOWING ANY
DEFAULT HEREUNDER OR UNDER ANY OF THE LIABILITIES, GRANTOR
IRREVOCABLE AUTHORIZES AND EMPOWERS ANY ATTORNEY OF RECORD, OR
THE PROTHONOTARY, CLERK OR SIMILAR OFFICER, OF ANY COURT IN THE
COMMONWEALTH OF PEENSYULVANIA OR ELSEWHERE, AS ATTORNEY FOR
GRANTOR, AS WELL AS FOR THE PERSONS CLAIMING UNDER, BY, OR THROUGH
GRANTOR, TO SIGN AN AGREEMENT FOR ENTERING THEREIN AN APPROPRIATE
ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES (WITHOUT THE
NECESSITY OF FILING ANY BOND AND WITHOUT ANY STAY OF EXECUTION OR
APPEAL) AGAINST GRANTOR AND ALL PERSONS CLAIMING UNDER, BY, OR
THROUGH GRANTOR, AND THEREIN CONFESS JUDGMENT FOR THE RECOVERY BY
GRANTEE OF POSSESSION OF THE PREMISES FOR WHICH THIS INSTRUMENT (OR A
COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE A SUFFICIENT WARRANT;
WHEREUPON A WRIT OF POSSESSION OF THE MORTGAGED PREMISES MAY BE
ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER,
GRANTOR HEREBY RELEASING AND AGREEING TO RELEASE GRANTEE AND ANY
SUCH ATTORNEY FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER
IN ENTERING SUCH ACTION OR JUDGMENT OR IN CAUSING SUCH WRIT OR
PROCESS TO BE ISSUED OR IN ANY PROCEEDING THEREON OR CONCERNING THE
SAME, PROVIDED THAT GRANTEE SHALL HAVE FILED IN SUCH ACTION AN
AFFIDAVIT MADE ON GRANTEE'S BEHALF SETTING FORTH THE FACTS NECESSARY
TO AUTHORIZE THE ENTRY OF SUCH JUDGMENT ACCORDING TO THE TERMS OF
THIS INSTRUMENT, OF WHICH FACTS SUCH AFFIDAVIT SHALL BE PRIMA FACIE
EVIDENCE. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER
ANY SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED,
MARKED SATISFIED OF RECORD, OR TERMINATED, OR POSSESSION OF THE
MORGAGED PREMISES REMAIN IN OR BE RESTORED TO GRANTOR OR ANYONE
CLAMING UNDER, BY, OR THROUGH GRANTOR, GRANTEE MAY, WHEREVER AND
AS OFTEN AS GRANTEE SHALL HAVE THE RIGHT TO TAKE POSSESSION AGAIN OF
THE MORTGAGED PREMISES, BRING ONE OR MORE FURTHER ACTIONS IN THE
MANNER HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF TAE PREMISES
AND TO CONFESS JUDGMENT THEREIN AS HERINABOVE PROVIDED, AND THE
AUTHORITY AND POWER ABOVE GIVEN TO ANY SUCH ATTORNEY SHALL EXTEND
TO ALL SUCH FURTHER ACTIONS IN EJECTMENT AND CONFESSION OF JUDGMENT
THEREIN AS HEREINABOVE PROVIDED, WHETHER BEFORE OR AFTER AN ACTION
OF MORTGAGE FORECLOSURE IS BROUGHT OR OTHER PROCEEDINGS IN
EXECUTION ARE INSTITUTED UPON THIS MORTGAGE OR UPON ANY INSTRUMENT
THEN EVIDENCING ANY OF THE LIABILITIES, AND AFTER JUDGMENT THEREON OR
THEREIN AND AFTER A JUDICIAL SALE OF THE PREMISES.
BORROWER
THE ALVIS GROUP, INC.
Witness
Witness
By:x
Name: A year
Title: ,d?? c/
cam,
BORROWER
THE ALVIS GROUP, INC.
By:
Name:
Title:
EXHIBIT "B"
xx Citizens Bank
Guarantor Name and Address:
Borrower:
ELIZABETH MYERS
29 WEST GREEN STREET
MECHANICSBURG, PA 17055
THE ALVIS GROUP INC.
Date: 07114/2006
Lender.
? 1 Clirr Pala Rhode Isisnd
Pravkfsncs, RI 02803 ? CNns Bank New HsmpshM
Manchester, NH 03101 ®10735 Mkt BV?Ntnie
Philadslphis, PA 18103
? Cltbmns Bank of Connecticut
93 Eugene VNslll Dfto
New London, CT 08320 ? Cahnns Bank of Massachusetts
28 State Strwt
Boston, MA 02109 Chit sns Bank
? 818 North Market Sb*M, Sulte 200
Wingngton, DE 19801
GUARANTY
GUARANTY, dated as of the date set forth above by the Guarantor shown above (the
"Guarantor") in favor of Lender shown above (the "Lender").
In consideration of the Lender's giving, in its discretion, time, credit or banking facilities or
accommodations to Borrower (together with its successors, the "Customer"), the Guarantor agrees as
follows:
1. GUARANTY OF PAYMENT AND PERFORMANCE: The Guarantor hereby guarantees
the Lender the full and punctual payment when due (whether at maturity, by acceleration or
otherwise), and the performance, of all liabilities, agreements and other obligations of the Customer to
the Lender, whether direct or indirect, absolute or contingent, due or to become due, secured or
unsecured, now existing or hereafter arising or acquired, whether by way of discount, letter of credit,
lease, loan, overdraft or otherwise, (the "Obligations"). This Guaranty is an absolute, unconditional
and continuing guaranty of the full and punctual payment and performance of the Obligations and not
of their collectibility only and is in no way conditioned upon any requirement that the Lender first
attempt to collect any of the Obligations from the Customer or resort to any security or other means
of obtaining their payment. Payments by the Guarantor hereunder may be required by the Lender on
any number of occasions.
2. UNLIMITED GUARANTY: The liability of the Guarantor hereunder shall be unlimited.
3. SECURITY: This Guaranty is secured by all securities or other property belonging to the
Guarantor now or hereafter held by the Lender, all deposits (general or special, time or demand,
provisions or final), and any other sums credited by or due from Lender to Guarantor or subject to
withdrawal by Guarantor, and by any other mortgage, security agreement, or other security document
that either: (i) specifically refers to this Guaranty, or (ii) generally secures all obligations of
Guarantor to the Lender.
This Guaranty, the foregoing documents and every other document executed in connection
therewith, including any amendments, extensions, modifications, renewals, replacements or
substitutions thereto, are referred to in this Guaranty as the "Loan Documents"
4. GENERAL REPRESENTATIONS, COVENANTS AND WARRANTIES: The Guarantor
represents, covenants and warrants to and with the Lender, on a continuing basis, as follows:
(a) If the Guarantor is a corporation or other business entity, it shall at all times be duly
organized, in good standing and duly qualified to do business in any applicable state or
jurisdiction, shall maintain its business name as shown above and shall have the power and authority
to do any act necessary or appropriate to perform its obligations under the Loan Documents, and shall
have obtained and be in compliance with the terms and conditions of all governmental permits and
Oumnty - Rev. OWOS
EXHIBIT "B"
Page Z
approvals necessary to the conduct of the Guarantor's business. The Guarantor has
authorized the transactions evidenced by the Loan Documents by all necessary
corporate or other action. The Guarantor has all necessary corporate or other power to
enter into such transactions, and the Loan Documents are the valid and binding
obligation of the Guarantor, enforceable in accordance with their terms.
(b) The Guarantor has and shall at all times maintain and provide to the Lender upon
request complete and accurate financial reports, books and records of all assets,
liabilities and business affairs of the Guarantor, utilizing generally accepted accounting
principles consistently applied, in a form and in such detail as shall be satisfactory to
the Lender, and which are and will be true correct and complete.
(c) The Lender shall have the right to inspect the Guarantor's books, records, journals,
orders, receipts, invoices and any correspondence and other data relating to the
Guarantor's business or to any transactions between the parties hereto.
(d) This Guaranty relates to one or more loans for business or commercial purposes, and
no part of the proceeds of the loan(s) shall be used for personal, family or household
purposes;
(e) The Guarantor hereby covenants not to sell, transfer, assign or otherwise alienate any
of its property or assets, other than in the ordinary course of business or with the prior
written consent of the Lender.
5. EVENTS OF DEFAULT: The following shall be events of default under this
Guaranty (each referred to herein as a "Default"):
(a) Failure by Customer, Guarantor or any co-obligor, endorser, guarantor or surety for or
under any of the Obligations (each referred to herein as a "Co-Obligor"), to make full
and prompt payment when due, of any amount required to be paid to Lender under
any of the Loan Documents or any other agreement;
(b) Failure by Customer, Guarantor or any Co-Obligor to perform keep or observe any
other term, provision, condition, covenant, agreement, warranty or representation
contained in any of the Loan Documents or any other agreement with or in favor of
Lender, which failure continues for ten (10) days after notice thereof by Lender to the
person or entity required to perform, keep or observe such term, provision, condition,
covenant, agreement, warranty or representation;
(c) If any representation, statement, report or certificate made or delivered by Customer,
Guarantor or any Co-Obligor is false or incorrect in any material respect when made
or delivered;
(d) If any attachment, trustee process, lien, execution, levy, injunction, or receivership
issued or made against the Customer, Guarantor, any Co-Obligor or any Collateral
securing the Obligations (referred to herein as "Collateral") is not removed within
thirty (30) days or if any final judgment and execution issued against Customer,
Guarantor or any Co-Obligor remains unsatisfied for thirty (30) days;
(e) The entry of a decree or order for relief with respect to the Customer, Guarantor or
any Co-Obligor in an involuntary case under the federal bankruptcy law, as now or
hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or
other similar law, or appointing a receiver, liquidator, trustee, custodian (or similar
official) of or for the Customer, Guarantor or any Co-Obligor, or ordering the
winding-up or liquidation of its affairs which is not promptly contested and released or
discharged within sixty (60) days;
(f) The commencement by the Customer, Guarantor or any Co-Obligor of a voluntary
case under the federal bankruptcy law, as now constituted or hereafter amended, or
any other applicable federal or state bankruptcy, insolvency or other similar law, or
the consent by Customer, Guarantor or any Co-Obligor to the appointment of or -taking
possession by a receiver, liquidator, trustee, custodian (or other similar official) of or
for the Customer, Guarantor or any Co-Obligor or for any substantial part of its
property, or the making by Customer, Guarantor or any Co-Obligor of any assignment
for the benefit of creditors, or the insolvency or the failure of the Customer, Guarantor
or any Co-Obligor generally to pay its debts as such debt become due, or the taking of
action by the Customer, Guarantor or any Co-Obligor in furtherance of any of the
foregoing;
(g) Loss or destruction of or substantial damage to any material portion of the Collateral;
(h) Default which has not been cured during any applicable cure period in the prompt
payment, performance or observance of any term, provision, condition, covenant,
warranty or representation set forth in any mortgage, lien or encumbrance affecting the
Collateral, whether or not such mortgage, lien or encumbrance is senior or junior to
Lender's interest therein and whether or not such mortgage, lien or encumbrance has
Page 3
been consented to by Lender, provided, however, that nothing herein shall be deemed
to be a consent by Lender, implied or otherwise, to the granting of any mortgage, lien
or encumbrance on the Collateral;
(i) Such a change in the condition or affairs (financial or otherwise) of the Customer,
Guarantor or any Co-Obligor, or decline in the value of the Collateral as, in the
opinion of the Lender, materially impairs the Lender's security or increases its risk or
if the Lender in good faith deems itself insecure.
6. POWERS UPON DEFAULT: Upon the occurrence of any Default or at any time
thereafter, Lender may, at its option, without notice or demand, do any one or more of the following,
in addition to any other right or remedy that Lender may have at law or in equity or given to Lender
under any of the Loan Documents, all of which are hereby authorized by Guarantor:
(a) Declare the Obligations immediately due and payable;
(b) Cease advancing money or extending credit to or for the benefit of the Guarantor
and/or the Customer under any agreement;
(c) Set-off against any and all deposits, accounts, certificate of deposit balances, claims,
or other sums at any time credited by or due from the Lender to the Guarantor and
against all other property of Guarantor in the possession of Lender or under its
control;
(d) Realize immediately upon any Collateral;
(e) Declare that interest shall accrue on the Obligations at a rate (the "Default Rate")
equal to the lesser of (i) the sum of the applicable interest rate under the relevant
Obligation, plus four percent (40/6), and (ii) the maximum interest rate imposed by
applicable law.
7. COLLECTION EXPENSES: The Guarantor agrees to pay all actual costs of collection
and attempted collection, including, without limitation: (a) those expenses incurred or paid to protect,
preserve, collect, lease, sell, repair, improve, advertise, locate, take possession of, liquidate or
otherwise deal with any Collateral, (b) expenses of dealing with any person or entity in any
bankruptcy proceeding, (c) all out-of-pocket expenses incurred by the Lender for the Lender's attorney
and paralegal fees, disbursements, and costs, all at such rates and with respect to such services as the
Lender in its sole discretion may elect to pay (as such rates may vary from time to time during the
course of the performance of such services) including the costs of attorneys who are employees of the
Lender, and (d) the costs of appraisers, engineers, investment bankers, environmental consultants and
other experts that may be retained by the Lender in connection with such collection efforts. Such
costs will be added to the unpaid balance of the Obligations.
8. WAIVERS BY GUARANTOR; LENDER'S FREEDOM TO ACT: The Guarantor
agrees that the Obligations will be paid and performed. strictly in accordance with their respective
terms regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting
any of such terns or the rights of the Lender with respect thereto. The Guarantor waives
presentment, demand, protest, notice of acceptance, notice of Obligations incurred and all other notices
of any kind, all defenses which may be available by virtue of any valuation, stay, moratorium law or
other similar law now or hereafter in effect, any right to require the marshalling of assets of the
Customer, and all suretyship defenses generally. Without limiting the generality of the foregoing, the
Guarantor agrees to the provisions of any instrument evidencing, securing or otherwise executed in
connection with any Obligation and agrees that the obligations of the Guarantor hereunder shall not be
released or discharged, in whole or in part, or otherwise affected by (a) the failure of the Lender to
assert any claim or demand or to enforce any right or remedy against the Customer; (b) any
extensions or renewals of any of the Obligations; (c) any rescissions, waivers, amendments or
modifications of any of the tends or provisions of any agreement evidencing, securing or otherwise
executed in connection with any of the Obligations; (d) the substitution or release of any entity
primarily or secondarily liable for any of the Obligations; (e) the adequacy of any rights the Lender
may have against any collateral or other means of obtaining repayment of the Obligations; (f) the
impairment of any Collateral, including without limitation the failure to perfect or preserve any rights
the Lender might have in such Collateral or the substitution, exchange, surrender, release, loss or
destruction of any such Collateral; or (g) any other act or omission which might in any manner or to
any extent vary the risk of the Guarantor or otherwise operate as a release or discharge of the
Guarantor, all of which may be done without notice to the Guarantor.
9. UNENFORCEABIiI M OF OBLIGATIONS AGAINST CUSTOMER: If for any
reason the Customer has no legal existence or is under no legal obligation to discharge any of the
Obligations, or if any of the Obligations have become irrecoverable from the Customer by operation
of law or for any other reason, this Guaranty shall nevertheless be binding on the Guarantor to the
same extent as if the Guarantor at all times had been the principal obligor on all such Obligations. In
the event that acceleration of the time for payment of the Obligations is stayed upon the insolvency,
bankruptcy or reorganization of the Customer, or for any other reason, all such amounts otherwise
subject to acceleration under the terms of any agreement evidencing, securing or otherwise executed in
connection with any Obligation shall be immediately due and payable by the Guarantor.
1, 1
Page 4
10. SUBROGATION; SUBORDINATION: Until the payment and performance in full of
all Obligations, the Guarantor shall not exercise any rights against the customer arising as a result of
payment by the Guarantor hereunder, by way of subrogation or otherwise, and will not prove any
claim in competition with the Lender in respect of any payment hereunder in bankruptcy or insolvency
proceedings of any nature; the Guarantor will not claim any set-off or counterclaim against the
Customer in respect of any liability of the Guarantor to the Customer; and the Guarantor waives any
benefit of and any right to participate in any collateral which may be held by the Leader. The
payment of any amounts due with respect to any indebtedness of the Customer now or hereafter held
by the Guarantor is hereby subordinated to the prior payment in full of the Obligations, provided that
so long as no default in the payment or performance of the Obligations has occurred and is
continuing, or no demand for payment of any of the Obligations has been made that remains
unsatisfied, the Customer may make, and the Guarantor may demand and accept, any scheduled
payments of principal of and interest on such subordinated indebtedness in the amounts, at the rates
and on the dates specified in such instruments, securities or other writings as shall evidence such
subordinated indebtedness. The Guarantor agrees that after the occurrence of any default in the
payment or performance of the Obligations, the Guarantor will not demand, sue for or otherwise
attempt to collect any such indebtedness of the Customer to the Guarantor until the Obligations shall
have been paid in full. If, notwithstanding the foregoing sentence, the Guarantor shall collect, enforce
or receive any amounts in respect of such indebtedness, such amounts shall be collected, enforced and
received by the Guarantor as trustee for the Lender and be paid over to the Lender on account of the
Obligations without affecting in any manner the liability of-the Guarantor under the other provisions
of this Guaranty.
It. TERMINATION; REINSTATEMENT: This Guaranty shall remain in full force and
effect until the Lender is given written notice of the Guarantor's intention to discontinue this
Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any
part of the Obligations. No such notice shall affect any rights of the Lender, with respect to
Obligations incurred prior to a date that is ten (10) business days after the actual receipt of such
notice ("Revocation Effective Date") or Obligations incurred pursuant to any contract or commitment
in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise)
and writings made by or for the account of the Customer and drawn on the Lender or any of its
agents purporting to be dated on or before the Revocation Effective Date, although presented to and
paid or accepted by the Lender after that date, shall form part of the Obligations. This Guaranty shall
continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment
made or value received with respect to an Obligation is rescinded or must otherwise be returned by
the Lender upon the insolvency, bankruptcy or reorganization of the Customer, or otherwise, all as
though such payment had not been made or value received.
Any notice of revocation must be hand delivered or sent by certified U.S. mail, return receipt
requested, in either case to the address set forth above or another address established by Lender under
Section 19.
12. MULTIPLE GUARANTORS: In the event that the word "Guarantor" refers to more
than one person or entity, all representations and obligations under this Guaranty shall be joint and
several.
13. LENDER'S RIGHTS: The Lender shall not be deemed to have waived any of its rights
under this Guaranty or otherwise unless such waiver is in writing and signed by the Lender. Lender's
failure to require strict performance of the terms, covenants and agreements of this Guaranty or any
other of the Loan Documents, or any delay or omission on the part of the Lender in exercising any
right, or any acceptance of partial or adequate payment or performance shall not waive, affect or
diminish such right or Guarantor's duty of compliance and performance therewith. A waiver on any
one occasion shall not be construed as a bar to or waiver of the same or any other right on the same
or any future occasion. All rights and remedies of the Lender under this Guaranty or any other of the
Loan Documents, shall be cumulative and may be exercised singularly or concurrently. The
Obligations may be negotiated, extended or renewed by the Lender without releasing the Guarantor or
any Co-Obligor.
14. SURVIVAL OF REPRESENTATIONS: All representations and warranties of
Guarantor, and all terms, provisions, conditions and agreements to be performed by Guarantor
contained herein shall be true and satisfied at the time of the execution of this Guaranty, and shall
survive the closing hereof and the execution and delivery of this Guaranty.
15. GOVERNING LAW; JURISDICTION; SEVERABH.ITY: This Guaranty is accepted
by Lender in the state set forth in Lender's address above (the "State"). This Guaranty shall be
construed in all respects in accordance with, and governed by, the internal laws of the State.
Wherever possible, each provision of this Guaranty shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provisions of this Guaranty shall be prohibited by
or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Guaranty. Guarantor hereby irrevocably consents to the jurisdiction of the courts of the State (and of
Page 5
the federal courts located in the State) for the resolution of any action brought with respect to this
Guaranty or the Obligations. Guarantor agrees that service of process in any such action may be
made on Guarantor by U.S. mail, certified, return receipt requested, at Guarantor's address set forth
above. Guarantor waives any objection to service of process, jurisdiction or venue in any action
brought in conformity with this section.
16. MODIFICATION: This Guaranty may not be altered or amended except by an
agreement in writing signed by both Lender and Guarantor.
17. APPLICATION OF PAYMENT: Guarantor irrevocably waives the right to direct the
application of any and all payments at any time or times hereafter received by Lender from Guarantor,
or from any other source, and Guarantor does hereby irrevocably agree that Lender shall have the
continuing exclusive right to apply and reapply any and all payments received at any time or times
hereafter against the Obligations in such manner as Lender may deem advisable.
18. SECTION TITLES: The section titles contained in this Guaranty are for convenience
only and shall not affect the construction or meaning of this Guaranty.
19. NOTICES: All notices and other communications required or permitted under this
Guaranty shall be in writing and shall be personally delivered or given by facsimile, or by registered
or certified mail. Except for notices of revocation of this Guaranty, any such notice shall be deemed
effective on the earlier of (a) the time when such notice is actually received or (b) when deposited in
the United States mail, postage prepaid and addressed as set forth at the beginning of this document.
Any notice of revocation of this Guaranty must be given in accordance with Section 11.
Any party may change the address to which its future notices shall be sent by notice given as
provided above, to be effective upon receipt.
20. ASSIGNMENT; SUCCESSORS AND ASSIGNS: Guarantor shall not be entitled to
assign any of its rights or obligations under this Guaranty without Lender's prior written consent.
Lender shall be entitled to assign some or all of its rights under this Guaranty without notice to or
consent of Guarantor. This Guaranty shall be binding upon and inure to the benefit of Lender,
Guarantor and their respective successors, assigns, trustees, receivers, administrators, personal
representatives, legatees and devisees.
21. WAIVER OF JURY TRIAL: LENDER AND GUARANTOR EXPRESSLY AND
VOLUNTARILY WAIVE ANY AND ALL RIGHTS, WHETHER ARISING UNDER THE UNITED
STATES OR ANY STATE CONSTITUTION, ANY RULES OF CIVIL PROCEDURE, COMMON
LAW OR OTHERWISE, TO DEMAND A TRIAL BY JURY IN ANY ACTION, LAWSUIT,
PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE BASED UPON,
OR ARISING OUT OF, THIS GUARANTY OR THE LOAN DOCUMENTS, ANY AGREEMENTS
ARISING UNDER OR RELATING TO THIS GUARANTY, ANY COLLATERAL SECURING THE
OBLIGATIONS, OR THE DEALINGS OR RELATIONSHIPS BETWEEN OR AMONG LENDER
AND GUARANTOR OR ANY OF THEM. NEITHER LENDER NOR GUARANTOR,
INCLUDING ANY ASSIGNEE OR SUCCESSOR OF LENDER OR GUARANTOR, SHALL SEEK
A AMY TRIAL IN ANY SUCH ACTION. NEITHER LENDER NOR GUARANTOR SHALL
SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION WHEN A JURY
TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THESE PROVISIONS SHALL BE
SUBJECT TO NO EXCEPTIONS. NEITHER LENDER NOR GUARANTOR HAS IN ANY WAY
AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS
PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.
22. WAIVER: If the "State" (as defined above) is Connecticut, the following applies:
GUARANTOR ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS GUARANTY
IS A PART IS A COMMERCIAL TRANSACTION AND TO THE EXTENT ALLOWED UNDER
CONNECTICUT GENERAL STATUTES SECTIONS 52-278& TO 52-278n, INCLUSIVE, OR BY
OTHER APPLICABLE LAW, GUARANTOR WAIVES ANY RIGHTS THAT GUARANTOR HAS
TO NOTICE AND HEARING WITH RESPECT TO ANY PREJUDGMENT REMEDY WHICH
LENDER, OR ITS SUCCESSORS OR ASSIGNS, MAY DESIRE TO USE; AND BORROWER
FURTHER WAIVES ANY REQUIREMENT THAT LENDER POST A BOND OR OTHER
SECURITY IN CONNECTION WITH SUCH PREJUDGMENT REMEDY.
1 ,
Page 6
23. MAINE DISCLOSURE: If the address for the Borrower is Maine, the following notice
applies: Notice. Under Maine law, no promise, contract or agreement to lend money, extend credit,
forbear from collection of a debt or make any other accommodation for the repayment of a debt for
more than $250,000 may be enforced in court against Lender, unless the promise, contract or
agreement is in writin¢ and signed by Lender. Accordingly, Borrower cannot enforce any oral
promise to extend credit unless it is contained in a written document signed by Lender, nor can any
change, forbearance, or other accommodation relating to any extension of credit by Lender to
Borrower be enforced, unless it is in writing signed by Lender.
Possession: CONFESSION OF JUDGMENT: If the collateral address is
Pennsylvania, the following applies: Grantee may enter upon and take possession of the Premises
with or without legal action, and by force if necessary, collect therefrom all rentals (which term
shall also include sums payable for use and occupation) and, after deducting all costs of
collection and administration expense, apply the net rentals to any one or more of the following
items in such manner and in such order of priority as Grantee, in Grantee's sole discretion, may
elect: the payment of any sums due under any prior lien, taxes, water and sewer rents, charges
and claims, insurance premiums and all other carrying charges, and to the maintenance, repair
or restoration of the Premises, or on account of the Liabilities; in and for that purpose Grantor
hereby assigns to Grantee all rentals due and to become due under any lease or leases or rights
to use and occupation of the Premises hereafter created, as well as all rights and remedies
provided in such lease or leases or at law or in equity for the collection of the rentals. FOR
THE PURPOSE OF OBTAINING POSSESSION OF THE PREMISES FOLLOWING ANY
DEFAULT HEREUNDER OR UNDER ANY OF THE LIABILITIES, GRANTOR
IRREVOCABLE AUTHORIZES AND EMPOWERS ANY ATTORNEY OF RECORD, OR
THE PROTHONOTARY, CLERK OR SIMILAR OFFICER, OF ANY COURT IN THE
COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, AS ATTORNEY FOR
GRANTOR, AS WELL AS FOR THE PERSONS CLAIMING UNDER, BY, OR THROUGH
GRANTOR, TO SIGN AN AGREEMENT FOR ENTERING THEREIN AN APPROPRIATE
ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES (WITHOUT THE
NECESSITY OF FILING ANY BOND AND WITHOUT ANY STAY OF EXECUTION OR
APPEAL) AGAINST GRANTOR AND ALL PERSONS CLAIMING UNDER, BY, OR
THROUGH GRANTOR, AND THEREIN CONFESS JUDGMENT FOR THE RECOVERY BY
GRANTEE OF POSSESSION OF THE PREMISES FOR WHICH THIS INSTRUMENT (OR A
COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE A SUFFICIENT WARRANT;
WHEREUPON A WRIT OF POSSESSION OF THE MORTGAGED PREMISES MAY BE
ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER,
GRANTOR HEREBY RELEASING AND AGREEING TO RELEASE GRANTEE AND ANY
SUCH ATTORNEY FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER
IN ENTERING SUCH ACTION OR JUDGMENT OR IN CAUSING SUCH WRIT OR
PROCESS TO BE ISSUED OR IN ANY PROCEEDING THEREON OR CONCERNING THE
SAME, PROVIDED THAT GRANTEE SHALL HAVE FILED IN SUCH ACTION AN
AFFIDAVIT MADE ON GRANTEE'S BEHALF SETTING FORTH THE FACTS NECESSARY
TO AUTHORIZE THE ENTRY OF SUCH JUDGMENT ACCORDING TO THE TERMS OF
THIS INSTRUMENT, OF WHICH FACTS SUCH AFFIDAVIT SHALL BE PRIMA FACIE
EVIDENCE. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER
ANY SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED,
MARKED SATISFIED OF RECORD, OR TERMINATED, OR POSSESSION OF THE
MORTGAGED PREMISES REMAIN IN OR BE RESTORED TO GRANTOR OR ANYONE
CLAIMING UNDER, BY, OR THROUGH GRANTOR, GRANTEE MAY, WHEREVER AND
AS OFTEN AS GRANTEE SHALL HAVE THE RIGHT TO TAKE POSSESSION AGAIN OF
THE MORTGAGED PREMISES, BRING ONE OR MORE FURTHER ACTIONS IN THE
MANNER HEREINBEFORE SET FORTH TO RECOVER POSSESSION OF THE PREMISES
AND TO CONFESS JUDGMENT THEREIN AS HEREINABOVE PROVIDED, AND THE
AUTHORITY AND POWER ABOVE GIVEN TO ANY SUCH ATTORNEY SHALL EXTEND
TO ALL SUCH FURTHER ACTIONS IN EJECTMENT AND CONFESSION OF JUDGMENT
THEREIN AS HEREINABOVE PROVIDED, WHETHER BEFORE OR AFTER AN ACTION
OF MORTGAGE FORECLOSURE IS BROUGHT OR OTHER PROCEEDINGS IN
EXECUTION ARE INSTITUTED UPON THIS MORTGAGE OR UPON ANY INSTRUMENT
THEN EVIDENCING ANY OF THE LIABILITIES, AND AFTER JUDGMENT THEREON OR
THEREIN AND AFTER A JUDICIAL SALE OF THE PREMISES.
ve?a- Z-??
Witness
GUARANTOR SIGNATURE
ELIZABETH M1 RS
I, )
EXHIBIT "C"
I I, A
1 1
REAM, CARR, MARKEY & WOLOSHIN LLP
ATTORNEYS AT LAW
FORMERLY KAIN, BROWN 6 ROBERTS LLP
119 EAST MARKET STREET
JACK F. REAM II
PENNSYLVANIA 17401-1278
YORK
STEVEN M. CARR ,
AUDREY E. WOLOSHIN•
GAVIN W. MARKEY (717) 843-8968
JOHN N. ELLIOTT
FAX (717) 846-4999
o. coA N.«
ROBERT J. BROWN
•LLM 1N TAXATION
May 24, 2007
The Alvis Group, Inc.
Attention: Ms. Elizabeth Myers, President
4807 Jonestown Road
Suite 205
Harrisburg, PA 17109
Ms. Elizabeth Myers
29 Green Street
Mechanicsburg, PA 17055
In Re: Citizens Bank of Pennsylvania
"Commercial Line Note" for $15,000.00 dated July 14, 2006
Loan #8367116-0101
Dear Ms. Myers:
THOMAS E. COCHRAN 1642-1660
COCHRAN 6 HAY 1660-1863
COCHRAN s WILLIAMS 1883-1912
COCHRAN, WILLIAMS 6 KAIN 1912-1930
GEORGE HAY KAIN 1930-1937
KAIN, KAIN 6 KAIN 1937-1956
KAIN, KAIN 6 BROWN 1958-1966
KAIN, BROWN 6 ROBERTS LLP 1966-2007
WILLIAM H. KAIN
(1912.1996)
EDWARD C. ROBERTS
(1935-2005)
I have been retained by Citizens Bank of Pennsylvania ("Bank") with regards to
the obligation and liability of The Alvis Group, Inc. ("Borrower") to the Bank arising
under a "Commercial Line Note" for $15,000.00 dated July 14, 2006, Loan #8367116-
0101 ("Loan"), which loan Ms. Elizabeth Myers ("Guarantor") has personally guarantied
by her Guaranty dated July 14, 2007 ("Guaranty"). I have been authorized and directed
by the Bank to transmit this communication to you as the Guarantor and as President of
Borrower.
Pursuant to the terms and provisions of the "Commercial Line Note" for
$15,000.00 dated July 14, 2006, Loan #8367116-0101, Borrower was to make monthly
payments of interest on account of the outstanding principal due and owing on the
Commercial Line Note" for $15,000.00 dated July 14, 2006, Loan #8367116-0101.
Borrower has not made the monthly payments of interest for the months of February,
March, April and May of 2007. The failure to make the monthly payments of interest for
the months of February, March, April and May of 2007 constitutes a default by the
Borrower under the "Commercial Line Note" for $15,000.00 dated July 14, 2006, Loan
#8367116-0101 ("Loan").
EXHIBIT "C"
The Alvis Group, Inc.
Ms. Elizabeth Myers
May 24, 2007
Page 2
As a result of the default by the Borrower, the Bank hereby:
Declares the Borrower and the Guarantor in default of the Loan;
2. Terminates and cancels any rights of the Borrower to draw any
additional principal on the "Commercial Line Note" for $15,000.00 dated July 14, 2006,
Loan #8367116-0101.
3. Declares all principal owed by the Borrower to the Bank under the
"Commercial Line Note" for $15,000.00 dated July 14, 2006, Loan #8367116-0101, and
by the Guarantor under the Guaranty to be now immediately due and payable in full;
4. Demands payment in full by the Borrower and the Guarantor of all
principal, interest and late charges due the Bank under the "Commercial Line Note" for
$15,000.00 dated July 14, 2006, Loan #8367116-0101, and under the Guaranty on or
before JUNE 1, 2007; and
5. Invokes the default rate of interest effective as of the date of this
letter on the outstanding principal balance which default rate is 15.25% with the per diem
being $5.93.
As of the date of this letter, the following amounts are owed by the Borrower and
the Guarantor on account of the Loan and on account of the Guaranty:
Principal $ 14,000.00
Interest $ 537.61
Late Charges $ 165.00
Legal Fees $ 500.00
Total $ 15,202.61
In addition, the principal balance of $14,000.00 is accruing interest at the per
diem amount of $5.93 per day being the default rate.
In the event you do not pay to the Bank the sum of $15,202.61 plus interest at the
per diem date of $5.93 for each day after May 24, 2006 on or before JUNE 1, 2007, then
the Bank will immediately begin legal action to collect these amounts. In the event the
Bank initiates legal action to collect these amounts, you will be obligated for all
reasonable legal fees incurred by the Bank.
,l ,
The Alvis Group, Inc.
Ms. Elizabeth Myers
May 24, 2007
Page 3
Nothing herein constitutes a waiver of any and/or all of Bank's rights and
remedies all of which rights and remedies are expressly reserved for benefit of Bank.
Very truly yours,
Jack F. Ream
cc: James N. Walsh
Citizens Bank of Pennsylvania
U.S. Postal Service
rFRTiFIFD MAIL.. RECEIF
(Domestic Mail Only; No insurance Coverage Provide'
ru Postage $
0 Certified Fee
O Postmark
M Retum Receipt Fee Here
(Endo'um R Required)
C3 Restrcted Delivery Fee
r- (EM .t Required)
Ln
rU Total Postage & Fees
to
n tOrhe Alvi§ Group, Inc.
O vh;wf*taraF:"'Ms: --E-1-izafirettr-Mywrs;--- r7awid- Yt
or PO Ionestlaton-Raad..-Stx ta.205 .............
-6"7 r5 lsburg , PA 17109
? .: .
Postal ti CERTIFIED ' RECEIPT
M (Domestic urance Coverage .•.
to
C3
rU Postage $
O Certified Fee
a] Postmark
Q Return Receipt Fee Here
C3 (Endorsement Required)
O Restricted Delivery Fee
(%. (Endorsement Required)
u7
nJ Total Postage & Fees
o ent . Elizabeth Myers
o ----------------------------------
r? vee?*fr ri?'Et
?• 'I , L shurg....PA..171155 ...............................
Cay, State. ZIP+4
PS Form 3800, Jurie 2002 S,?e Re?erse to, Instructions
t--j -°n
70
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03702 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK/HARRISBURG N A
VS
MYERS ELIZABETH
STEPHEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
MYERS ELIZABETH
was served upon
the
DEFENDANT , at 2100:00 HOURS, on the 25th day of June , 2007
at 29 WEST GREEN STREET
MECHANICSBURG, PA 17055
- T r M TY MTT RAT 17=1 C1
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 10.56
Postage .41
Surcharge 10.00
.00
?lay?07 38.97
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
06/26/2007
REAM CARR MARKEY WOLOSHIN
By: Z&?
Deputy Sheriff
of A. D.
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
CITIZENS BANK OF PENNSYLVANIA, No. 07-3702 Civil Term
Plaintiff
Vs.
ELIZABETH MYERS,
Defendant
TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE TO DISMISS WITHOUT PREJUDICE
Please dismiss the above captioned lawsuit without prejudice to Plaintiff.
Dated: Nov. 19, 2007
REAM, CARP, MARKEY & WOLOSHIN LLP
BY: /
-Tack F. Ream, Esquire
119 East Market Street
York, PA 17401
I.D. 10241
Phone 1-717-843-8968
Fax 1-717-846-6676
E-Mail JckReam@aol.com
Attorney for Plaintiff
Citizens Bank of Pennsylvania
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