HomeMy WebLinkAbout03-4280PENNSYLVANIA STATE BANK
Plaintiff
COMMONWEALTH ARCHITECTURAL
SUPPLIES, 1NC. and PAUL S. CANTRELL and
DEANDRA J. CANTRELL, Each Individually
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. aa - 55J
CIVIL DIVISION - LAW
CONFESSED JUDGMENT
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of authority, a true and correct copy of which is attached
to the Complaint filed in this action, I appear for the Defendants and confess Judgment in favor of Plaintiff and
against Defendants as follows:
Principal Amount Due ............................................... $136,322.51
Interest Amount Due ................................................. $ 2,519.37
Late Charges and Fees ................................................. $ 29.54
Attorney Collection Fees .............................................. $13,927.14
TOTAL ........................................................... $ 153,198.56
Judgment entered as above.
Robert D. Kodak, Esquire
Attorney for Defendants
Supreme Court I.D. No. 18041
Prothonot~'y/,~,~_
PENNSYLVANIA STATE BANK
Plaintiff
COMMONWEALTH ARCHITECTURAL
SUPPLIES, 1NC. and PAUL S. CANTRELL and
DEANDRA J. CANTRELL, Each Individually
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL DIVISION- LAW
CONFESSED JUDGMENT
CONFESSED JUDGMENT COMPLAINT
Plaintifffiles this Complaint pursuant to Pa. R.C.P. No. 2951 (b) for Confession of Judgment and avers the
following:
I. Plaintiff is PENNSYLVANIA STATE BANK, a financial institution duly organized and existing
under the laws of the Commonwealth of Pennsylvania, with an office and place of business at 91 Cumberland
Parkway, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, COMMONWEALTH ARCHITECTURAL SUPPLIES, INC., a corporation duly
organized and existing under the laws of the Commonwealth of Pennsylvania, with an office and place of business
at 102-A, West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Defendant, PAUL S. CANTRELL, is an adult individual maintaining an address of 29 Foxanna
Drive, Carlisle, Cumberland County, Pennsylvania 17113.
F:~USER\BONNIEJO\PSB\CONFJ UDG\03294c f]dg.wpd:26Aug03
4. Defendant, DEANDRA J. CANTRELL, is an adult individual maintaining an address of 29 Foxanna
Drive, Carlisle, Cumberland County, Pennsylvania 17113.
COUNT I
PENNSYLVANIA STATE BANK vs.
COMMONWEALTH ARCHITECTURAL SUPPLIES, INC.
5. Plaintiff incorporates Paragraphs 1 through 4 herein as if fully and at length set forth.
6. In an effort to induce Plaintiff to extend credit to it, Defendant, Commonwealth Architectural
Supplies, Inc. (hereinafter "Defendant Corporation") on or about December 20, 2000, did execute a Promissory Note
with Confession of Judgment. The original Promissory Note is attached hereto, marked as Exhibit "A' and made
a part hereof.
7. The attached instrument has not been assigned.
8. Judgment has not been entered on the attached instrument in any jurisdiction.
9. The Defendant Corporation has defaulted in the payment terms of the Promissory Note.
10. In spite of Plaintiffs frequent demands, the Defendant Corporation continues in default under the
aforesaid obligations.
F:\USERkBONNIEJO\PS B~CONFJUDG\03294cOdg.wpd:26Aug03 2
11.
By virtue of the foregoing, the Defendant Corporation is indebted to the Plaintiffas follows:
Principal Amount Due ............................................... $136,322.51
Interest Amount Due ................................................. $ 2,519.37
Late Charges and Fees ................................................. $ 29.54
Attorney Collection Fees .............................................. $ 13,927.14
TOTAL ........................................................... $ 153,!98.56
12. By reason of the attached instrument, and by reason of Defendant Corporation's default, Plaintiff is
entitled to Judgment against the Defendant Corporation in the sum of One Hundred Fifty-Three Thousand, One
Hundred Ninety-Eight Dollars and Fifty-Six Cents ($153,198.56).
WHEREFORE, Plaintiffdemands Judgment in the sum of ONE HUNDRED FIFTY-THREE THOUSAND,
ONE HUNDRED NiNETY-EIGHT DOLLARS AND FIFTY-SIX CENTS ($153,198.56), plus interest thereon at
the rate of $26.50716 per diem from the date of Judgment as authorized by the warrant appearing in the attached
instrument.
13.
COUNT II
PENNSYLVANIA STATE BANK vs.
PAUL S. CANTRELL and DEANDRA J. CANTRELL. Each Individually
Plaintiff incorporates Paragraphs 1 through 12 herein as if fully and at length set forth.
14. In an effort to induce Plaintiffto extend credit to a business known as Commonwealth Architectural
Supplies, Inc., on or about December 20, 2000, Defendants, Paul S. Cantrell (hereinafter"P. Cantrell") and Deandra
F:\USER\I3ONNIEJO\PSB\CONFJUDG\03294c~idg.wpd:26Aug03 3
J. Cantrell (hereinafter "D. Cantmll") did execute a Commercial Guaranty with Confession of Judgment and
Disclosure for Confession of Judgment. The original Commercial Guaranty with Confession of Judgment and
Disclosure for Confession of Judgment is attached hereto, marked as Exhibit "B' and made a part hereof.
15. The attached instrument has not been assigned.
16. Judgment has not been entered on the attached instrument in any jurisdiction.
17. The Defendant Corporation has defaulted in the payment terms of the Promissory Note thereby
making Defendants P. Cantrell and D. Cantrell liable for all amounts due and owing by Defendant Corporation to
Plaintiff.
18. In spite of Plaintiff's frequent demands, the Defendant Corporation continues in default under the
aforesaid obligations.
19.
By virtue of the foregoing, the Defendant Corporation is indebted to the Plaintiff as follows:
Principal Amount Due ............................................... $136,322.51
Interest Amount Due ................................................. $ 2,519.37
Late Charges and Fees ................................................. $ 29.54
Attorney Collection Fees .............................................. $ 13,927.14
TOTAL ........................................................... $ 153,198.56
F:\USER\BONNIEJO\PSB\CONFJUDG\03294cVJdg.wpd:26Aug03 4
20. By reason of the attached instrument, and by reason of Defendants', P. Cantrell and D. Cantrell
Guaranty, Plaintiff is entitled to Judgment against the Defendants P. Cantrell and D. Cantrell in the sum of One
Htmdred Fifty-Three Thousand, One Hundred Ninety-Eight Dollars and Fifty-Six Cents ($153,198.56).
WHEREFORE, Plaintiff demands Judgment against Commonwealth Amhitectural Supplies, Inc. and
Paul S. Cantrell and Deandra J. Cantrell, each individually, in the sum of ONE HUNDRED FIFTY-THREE
THOUSAND, ONE HUNDRED NINETY-EIGHT DOLLARS AND FIFTY-SIX CENTS ($153,198.56), plus
interest thereon at the rate of $26.50716 per diem from the date of Judgment as authorized by the warrant appearing
in the attached instrument
Respectfully submitted,
Robert D. Kodak
Attorney for Plaintiff
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151 Fax: (717) 238-7158
Attorney I.D. No. 18041
F:\USER\BONNIEJO\PSB\CON FJ UDG\03294c(idg.wpd:26Aug03
PROMISSORY NOTE
Principal Loan Date i Maturity Loan No : Call ~ Collateral i Account ! Officer ! Initials
s _ ,ooo.oo i ,. .._ i s.a_oor, s4-0a:.. [ .... 52. _ 4 :_Awv ._
Refaronces in the shaded area are for Lender's use only and do not limit the applicebility of this document to any particular loan or item.
Borrower: Commonwealth Architectural Supplies, Inc. (TIN: Lender:
25-1824461)
102-A West Main Street
Mechaslcal~urg, PA 17055
PENNSYLVANIA STATE BANK
Cumberland Parkway
01 Cumberland Parkway
Mechasiceburg, PA 17056
Principal Amount: $150,000.00 Initial Rate: 10.500% Date of Note: December 20, 2000
PROMISE TO PAY. Commonwealth Arehltastural Supplies, Inc. ("Borrower") promises to pay to PENNSYLVANIA STATE BANK ("Lender"), or
order, In fawflJI money of the United St'qBe of America, on demand, the principal amount of One Hundred Fifty Thousand & 00/lO0 Dollars
($150,000.00) or so much as may be outstanding, Iogether with Interest on the unpaid outstanding principal balance of each advance. Interest
shall be calculated from the date of each advance until repayment of each advance.
PAYMENT. Borrower Will pay this loan Immediately upon Lsuder'e demand. In addition, Borrower will pay regular monthly payments of all
accrued unpaid Interest due as of each payment date, beginning January 2O, 2001, with all subsequent Interest payments lo be due on the
same day of each month after that. The anncel interest rata for this Nots is computed on s 365/380 basis; that is, by applying the ratio of the annual
interest rata over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is
outstanding. Borrower will pay Lender at Lender's address shown shove or at such other place as Lender may designate in wdting. Unless otherwise
agreed or required by sppliceble law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any
unpaid collection costs and late charges.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is the
Pennsyivenie State Bank's Base Lending Rsfa (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans and is set by
Lender in its sole discretion. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying
Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on
other rates as well. The interest rate change will not occur more often than each Day. The Index currently Is 9.500% per annum. The Interest rate
to be applied to the unpaid principal balance of thta Note will be at a rata of 1.CEO percentage point over the Index, resulting In an Inltfal rate of
10.500% per annum, NOTICE: Under no cimumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law.
PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower undemtands that Lender is entitled
to a minimum Intereat charge of $7.50. Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or
a portion of the amount owed eadier than it is due, Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's
obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due,
LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled
payment or $50.00, whichever ta greater, if Lender demands payment of this loan, and Borrower does not pay the loan within 15 days after
Lender's demand, Borrower alSO will be charged either 10.0~o% of the sum of the unpaid principal plus accrued unpaid Interest or $~o.00,
whichever Is greater.
DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any
pmmisa Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition
contained in this Note or any agreement related to this Note, or in any other agreement or lean Borrower has with Lender. (c) Borrower defaults under
any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that
may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the
Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behelf is tales or misleading in any
mafariel respect either now or at the time made or furnished. (a) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's
property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under
any bankruptcy or insolvency laws. (f) Any creditor tries to take any of Borrower's properly on or in which Lender has s lien or security interest. This
includes a garnishment of any of Borrower's accounts with Lender. (g) Any guarantor dies or any of the other events described in this default section
occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the
prospect of payment or performance of the Indebtedness is impaired, (i) Lender in good faith deems itself insecure.
if any default, other than a default in payment, is curable and if Borrower has not bean given a notice of a breach of the same provision of this Note
within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, sftar receiving written notice from
Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or ('b) if the cure requires more than fifteen [15) days,
12-20-2050 PROMISSORY NOTE Page 2
Loan No 5200654-03 (Continued)
BANKING RELATIONSHIP. You shall maintain your primary deposit account relationship with Pennsylvania Ststa Bank during the lite of the Loan.
GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or dghts of Lender shall not preclude Lender's
right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without rasing
them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for
payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who
signs this Note, whether es maker, guarantor, accommodation maker or endorser, shall be released from liability. All such ps,es agree that Lender
may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, tail to realize upon or
perfect Lender's security interest in the coll,=taral; and take any other action deemed necessary by Lender without the consent of or notice to anyone.
All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification
is made. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this
Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A3=rORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE, AND WITH OH WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST
BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS
EXPENDED OR ADVANCED BY LENDER RE~TING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER= WITH INTEREST ON SUCH
':l/ON 3HJ. dO ADO::)
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Borrower:
COMMERCIAL GUARANTY
Principal · Loan Date Maturity : Loan No Call Collateral i Account i Officer i Initials
: ! 5200654
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.
Guarantor:
Commonwealth Architectural Supplies, Inc.
25-1824461)
102-A West Main Slreet
Mecbenlceburg, PA 17055
Paul S. Cantrell and Dssndra J. Canfrell
29 Foxanna Drive
Carllale, PA 17113
(TIN: Lender:
PENNSYLVANIA STATE BANK
Cumberland Parkway
91 Cumberland Parkway
Mechanlcshurg, PA 17055
AMOUNT OF GUARANTY. This Is · guaranty of payment of the Note, Including without limitation the principal Note amount of One Hundred
Fifty Thousand & 00/100 Dollars ($150,000.00),
GUARANTY. For good and valuable conalderatlon, Paul S. Cantrell end Danndra J, Cantrell ("Guarantor") absolutely and uncondltlonalty
guarantee end promlss to pay, Jolrdly and severally, to PENNSYLVANIA STATE BANK ("Lender") or its order, on demand, In legal tender of the
United States of Amerlce, the Indebtedness (as that term is defined below) of Commonwealth Archltscturel Supplies, Inc. ("Borrower") to
Lender on the terms and condltfoss sst forth In this Guaranty.
DEFINITIONS. The following words shall have the following meanings when used in this Guaranty:
Borrower. The word '1)orrower" means Commonwealth Architectural Supplies, Inc..
Guarantor. The word "Guarantor" means Paul S. Cantrall and Deandra J. Cantrall, who are signing this Guaranty jointly and severally.
Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated December 20, 2000.
Indebtedness. The word "Indebtedness" means the Note, including (a) all principal, (b) all interest, (c) all late charges, (d) all loan fees and
loan charges, and (e) all collection costs and expenses relating 1o the Note or to any collateral for the Note. Collection costs and expenses
include without limitation all of Lender's attorneys' fees and Lender's legal expenses, whether or not suit is instituted, and attorneys' fees and legal
expenses for bankruptcy proceedings (inoluding effods to modify or vacate any automatic stay or injunction), appeals, and any anticipated
post-judgment collection services.
Lender. The word "Lender" means PENNSYLVANIA STATE BANK, its successors and assigns.
Note. The word "Note" means the promissory note or credit agreement dated December 20, 2000, In the original prlnalpel amount of
$150,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
substitutions for Ihs promissory note or agreement. Noflce to Guarantor: The Note evldeocss · revolving line of credit from Lender to
Borrower.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection with the Indebtedness.
MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the
Indebtedness described above, plus all costs and expenses of (a) enforcement of this Guaranty and (b) collection and sale of any collateral
eecurlng this Guaranty.
The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time.
If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties
shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The
liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminafed guaranties.
NATURE OF GUARANTY. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier
by reason of acceleration or otherwise, of all Indebtedness within the limits set forth in the preceding section of this Guaranty. This Guaranty covers a
revolving line of credit and guarantor understands and agrees that thfe guarantee shall be open and continuous until the line of credit Is
terminated and the Indebtedness Is paid In full, as provided bolow. The obligations of Guarantors shall be joint and several. Lender may proceed
against any of the Guarantors individually, against any group of Guarantors, or against all the Guarantors in one action, without affecting the right of
Lender to proceed against other Guarantors for amounts that ara covered by this Guaranty. Any inability of Lender to proceed against any Guarantor
(whether caused by actions of a Guarantor or of Lender) will not affect Lender's right to proceed against any or all remaining Guarantors for ail or part
of the amounts covered by this Guaranty.
DURATION OF GUARANTY· This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice
to Guarantor or to Borrower, and will continue in full force until all indebtedness shall have been fully and finally paid and satisfied and all other
obligations of Guarantor under this Guaranty shall have bean performed in full. Release of any other guarantor or termination of any other guaranty of
the [ndebtedcess shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lender from any one or more Guarantors shall
not affect the liability of any remaining Guarantors under this Guaranty. This Guaranty covers a revolving Ilrm of credit and It Is sheclflcelly
anticipated that flucfuatlons will occur In the aggregate amount of Indebtedness owing from Borrower to Lender. Guarantor speclflcalty
acknowledges and agrees that fluctuations In the amount of Indebtedness, even to zero dollars ($ 0.0o), shall not coneflfufu a ts~mlnedon of
thfe Guaranty. Guarantor's liability under this Guaranty shall terminate only upon (a) termlrmtlon In writing by Borrower and Lender of the line
of credit, (b) payment of the Indebtedness In full In legal tender, and (c) payment In full In legal tender of all other obllgetloss of Guarantor
under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, wlfuout noflce or demand and without tassunlng Guarantor's
Iledlllty under INs Guaranty, from time to time: (a) to make one or more shdltlonal secured or unsecured loans to Borrower, to lease
equipment or other goods to Borrower, or ofberwlee to extend additional credit to Borrower; (b) to alter, compromise, renew, extend,
accelerate, or ofberwlee 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 bo repeated end 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, fall or decide not to perfect, and release any such security, with or without the subatltutlon of new collateral; (d) to release,
subatlfute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or In any
manner Lender may choose; (e) fo determine how, when and what application of payments and credits shall bo made on the tndedtedeeea;
(f) to apply such security and direct the order or manner of sale thereof, Including wlfhout Ilmltstlon, any nonjudicial sale permlttsd by the
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C a§ed A.LNVEIYnO 'lVlOEIglNihlOO
12-20-2000 COMMERCIAL GUARANTY Page 3
Loan N,o 5200.654-03 (.Continued)
Applicable Law. This Guaranty has bean delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. if there is a
lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of
Pennsylvania. This Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costS and expenses, including aflorneys' fees and Lender's
legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and
Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses
whether or not there is a lawsuit, including afforneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor else shall pay all court costs
and such additional fees as may be directed by the court.
Notices. All notices required to be given by either party to the other under this Guaranty shall be in writing, may be sent by telefacsimile (unless
otherwise required by law), and shall be effective when actually delivered or when deposited with a nationally recognized overnight courier, or
when deposited in the United States mail, first class postage prepaid, addressed to the party to whom the notice is to be given al the address
shown above or to such other addresses as either party may designate to the other in writing. If there is more than one Guarantor, notice to any
Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at afl times of Guarantor's
current address.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be
deemed to have been used in the plural where the context end 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" end "Guarantor" respectively shall mean all and
any one or more of them. The words "Guarantor," "Borrower," and "l.ender" include the heirs, successors, assigns, and transferees of each of
them. Caption headings in this Guaranty are for convenience purposes only and ere not to be used to interpret or define the provisions of this
Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any perSon or cimumsfance,
such finding shall not render that provision invalid or unenfomosble as to any other persons or circumstances, and all provisions of this Guaranty
in all other respects shall remain valid and enforceable. Jf any one or more of Borrower or Guarantor are corporations or partnerships, it is not
necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting to act
on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranty.
Waiver. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender.
No delay or omission on the part of Lender Jn exercising any right shall operate as a waiver cf 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 slrict 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.
DEFAULT INTEREST RATE. In the event of default for which the Lender does not accelerate the Loan, including the failure of Borrower to provide the
financial statements as required hereunder or under the Lean Agreement, the applicable interest rate on the Loan, for a pedod beginning three (3) days
after written notice of such default and ending upon the curing of said noticed default, shall increase one quarter of one pement (.25%) for the first thirty
(30) days of said default and incrsese an additional one quarter of one pement (.25%) during each thirty (30) day period thereafter during which the
noticed defaurt continues. Such default interest rate shall apply to the outstanding principal balance of the Lean. Upon the cudng of the noticed
default, the interest rate on the Loan shell revert to the initially egrosd-upon interest rate effective on the date on which the default is cured.
FINANCING STATEMENTS. Furnish Lender with, as soon as available, but in no event later than one hundred twenty (120) days after the end of each
fiscal year, Guarantor's persona~ financial stsfamant and federal income tax return. All financier reports required to be provided under this Agreement
shall be prepared in accordance with generally accepted accounting pdnclpres, applied on consistent basis, and certified by Guarantor as being true
and correct.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A'CFORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR
GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR
ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE
CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF
TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED iNTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN
FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR
SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY
GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TtME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY
SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WiTH RESPECT TO
EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S ATrENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION 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 aY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED DECEMBER 20, 20~O.
THIS GUARANTy HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
J .-- ..........
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J.N=IIN!DQ~a'I/tAON)IOV 'I~RQI^IQNI
(panu!tuoo) C0-~S900gS ON ueo'l
abed A.].NVt:IY~ 'IYI~)I'I=IININO~ 0o0~--0~-~1.
DISCLOL.RE FOR CONFESSION OF ,,dDGMENT
Principal ; Loan Date :: Maturity ; Loan No : Cell i Collateral: Account
._$150~00...00.__. ! 12-_~.~ ~2~)0. ..... :.5_~0065_4-03.~ _. [ 5200654 AW~_j
References in the she.dod ama are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Borrower: Commonwealth ArchlleCture*l Suppllee*, Inc. (TIN:
2~.-1824461)
102-A We~t Me*in Street
Mechenlcsburg, PA 17055
Guarantor: Paul S. Ce*ntrell and Deandre. J. Cantrell
29 Foxanne. Drive
Ce.diMe, PA 17113
Lender: PENNSYLVANIA STATE BANK
Cumberle.nd Pe.rkway
91 Cumberland Pe.rkwe.y
Mechanlcsl~urg, PA 1705~
Officer, Initlele
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS ;~ DAY OF i~..e./., ~ , 20 ea , A GUARANTY OF A PROMISSORY NOTE FOR
$150,000.00 OBLIGATING ME TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO
ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT
OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY
AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS
THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING
THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT
TO LENDER'S ENTER/NG-/JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT
PROVISION. 'NITIAL~~
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT
ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT
WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING,
LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FUlL OR PARTIAL PAYMENT OF THE JUDGMENT.
HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN
EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS
ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE
RIGHTS, AND I EXPRESSLY AGREE AND CONSENT~R'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY
APPL CABLE STATE AND FEDERAL LAW. IN TIAL~
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY
INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
INITIALS
~ 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEl. IN CONNECTION WITH THE GUARANTY.
. REPRESENTATIVE OF LENDER SPECIFICALLY CAi. LED THE CONFESSION OF JUDGMENT PROVISION IN THE
GUARANTY TO MY ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I
INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
AFFIANT: ~ / /
(SEAL)
~" ~PaUI ST,Cantrell / ~
Danndra J. Cantrell
LASER PRO, Reg. U.S. Pat. & T.M. Off.. Vet, 3.29~ (C)Concentrex 2000 All rights reserve~. [PA-D30 E3.29 F3.29 ARCHIT3. L N Cl.OVLI
717-796-3165 PA STATE BANK OPER %l
~26 P02 AUG 2? '03 0@:25
VERIF~ATION
I, Wire Van01d~ S~-nior Vi~ Pr~ident, of PENNSYLVANIA STATE B~, v~fy ~ ~ sta~
made in ~ ~o~o~ do~t ~ ~ ~ ~t, I mid~ ~ f~ $~n~ hereto ~e m~ subj~t
to &~ pe~d~ of lg P~ C. S. ~4~, ~M~ to ~swom ~sifi¢~on m s~fiti~.
PE~SYLVANIA STATE ~NK
Wire YanOldca
Sr. Vioe Pr~$id~nt
30302~.
F'.~U S E~.'~ONNIEJO~PSB~CON FIUDG~0329~,o 0d~. wpd ?,~iAue03
PENNSYLVANIA STATE BANK
Plaintiff'
COMMONWEALTH ARCHITECTURAL
SUPPLIES, 1NC. and PAUL S. CANTRELL and
DEANDRA J. CANTRELL, Each Individually
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL DIVISION - LAW
CONFESSED JUDGMENT
PLAINTIFF'S AFFIDAVIT/AVERMENT
CONFESSION OF JUDGMENT FOR MONEY
(x)
Pursuant to Pa. R.C.P. No. 2951 (1)(2)(ii), I certify that this judgment is not being entered by
confession against a natural person in connection with a consumer credit transaction.
(a)
A consumer credit transaction means a credit transaction in which the party to whom
credit is offered or extended is a natural person and the money, property or services
which are the subject of the transaction are primarily for personal, family or
household purposes.
CONFESSION OF JUDGMENT FOR CONFESSION OF REAL PROPERTY
()
Pursuant to Pa. R.C.P. No. 2971(1)(1), I certify that this judgment is not being entered
against a natural person in connection with a residential lease.
The above certification is made subject to the penalties of 18 Pa. C.S. ~49~l~,'l~ting to unsworn falsification
to authorities. ~'~_J~ ~
Dated: /~tf~2/tg~7 e~D. ~~
Rob '
Attorney for Plaintiff
I.D. No. 18041
Address:
Knupp, Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7151 Fax: (717) 238-7158
PENNSYLVANIA STATE BANK
Plaintiff
COMMONWEALTH ARCHITECTURAL
SUPPLIES, 1NC. and PAUL S. CANTRELL and
DEANDRA J. CANTRELL, Each Individually
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION- LAW
CONFESSED JUDGMENT
TO: DEANDRA J. CANTRELL, Defendant
You are hereby notified that on c~atz. ,:2 ,2003, Judgment by confession was entered against you in
the sum of $153,198.56 in the above-captioned case.
DATE: 2003
Prothonotary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
I hereby certify that the following is the address of the Defendant(s) stated i~g.ff,~rtificate of Residence:
29 FOXANNA DRIVE, CA~~e~3~3~
Robert D. Kodak, Attorney for Plaintiff
PENNSYLVANIA STATE BANK
Plaintiff
COMMONWEALTH ARCHITECTURAL
SUPPLIES, INC. and PAUL S. CANTRELL and
DEANDRA J. CANTRELL, Each Individually
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03 ~ ~y'o~O ~
CIVIL DIVISION - LAW
: CONFESSED JUDGMENT
TO: COMMONWEALTH ARCHITECTURAL SUPPLIES, INC., Defendant
You are hereby notified that on ,-'~&,,~ - ,.~ ,2003, Judgment by confession was entered against you in
the sum o f $153,198.56 in the above-captionedt case.
Prothonotary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence:
102-A WEST MAIN STREET, MECHANIC~R.G~17055~
Robert D. Kodak, Attorney for Plaintiff
PENNSYLVANIA STATE BANK
Plaintiff
COMMONWEALTH ARCHITECTURAL
SUPPLIES, 1NC. and PAUL S. CANTRELL and
DEANDRA J. CANTRELL, Each Individually
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL DIVISION - LAW
CONFESSED JUDGMENT
TO: PAUL S. CANTRELL, Defendant
You are hereby notified that on ~,~3'e~...4. ,,7 ,2003, Judgment by confession was entered against you in
the sum of $153,198.56 in the above-captioned case.
DATE: ~/a~- o-~ 2003
Prothonotary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence:
29 FOXANNA DRIVE, CARL~
Robert D. Kodak, Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PA STATE BANK,
Plaintiff
vs.
CIVIL DIVISION
NO. 2003-4280
PRAECIPE FOR APPEARANCE AND
PRAECIPE TO SATISFY JUDGMENT
Filed on behalf of Plaintiff,
PA State Bank
COMMONWEALTH ARCHITECTURAL
SUPPLIES, INC. PAUL S. CANTRELL
and DEANDRA J. CANTRELL,
Defendants
Code:
Counsel of Record for This Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
vs.
COMMONWEALTH ARCHITECTURAL
SUPPLIES, INC. PAUL S. CANTRELL
and DEANDRA J. CANTRELL,
Defendants
CIVIL DIVISION
NO. 2003-4280
PRAECIPE FOR APPEARANCE AND
PRAECIPE TO SATISFY JUDGMENT
TO: Prothonotary, Cumberland County
Kindly enter my appearance on behalf of Plaintiff on the above-referenced matter.
Kindly mark the judgment in the above-referenced matter, entered in favor of Plaintiff and
against Defendants, as satisfied as to both Defendants.
Sworn to ands scribed
bef re me this ~ day
of , 2009.
t
s~ ~ _
~" No u lic
My Commission Expires:
Respectfully submitted,
Donna M. Donaher, Esquire
Attorney for PNC Bank, National
Association
~MON°-"~.gLTM OF PENNSYLVANIA
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