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Home My WebLink About08-0410Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1" FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, and JOHN F. HOLDER individually and d/b/a E & L & H HOLDING COMPANY, a!k/a E. L. & H. HOLDING COMPANY, a/k!a EL. & H. HOLDING COMPANY, Defendants :NO. 08- ~f Jd CIVIL TERM NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. N0.236 TO: John F. Holder, individually and d/b/a E & L & H Holding Company, a/k/a E. L & H. Holding Company, a/k/a EL. & H. Holding Company 34 Crescent Drive New Cumberland, PA 17070 You are hereby notified that on 4 ~ " ~ 7 " ~ ~ ,judgment by confession was entered against you in the above-captioned case in favor of Members 1 S` Federal Credit Union as follows: Principal $111,993.66 Costs of Suit (estimated) $500.00 Attorney Fees $11,199.37 Total: $123,693.03* *Plus interest per diem at $23.01, along with additional costs and fees incurred, until paid in full. Date: ~ ? ~~~ ~~ ~~~ /`- D~ ~~`-a1 Prothonotary ~~ j Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, and JOHN F. HOLDER individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, Defendants NO. 08 - ~ / U CIVIL TERM NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. RC.P. N0.236 TO: Michael L. Lowry, individually and d/b/a E & L & H Holding Company, a/k/a E. L & H. Holding Company, a/k/a EL. & H. Holding Company 214 Willis Road Etters, PA 17319 You are hereby notified that on ~ / ' ~ 7, 6 ~ ,judgment by confession was entered against you in the above-captioned case in favor of Members 1 S` Federal Credit Union as follows: Principal $111,993.66 Costs of Suit (estimated) $500.00 Attorney Fees $11 199.37 Total: $123,693.03* *Plus interest per diem at $23.01, along with additional costs and fees incurred, until paid in full. Date: / 7 ~ ~6Q~ ~~ ~~ Prothonotary ~~ F: \FILES\Clients\Members 1 st l I470\FTLES\Curtrnt\52\ 11470.52.pra. transfer/nlm Created: 8/10/OS 9:08AM Revised: 1/17/08 1 L30AM 11065.78 Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, and JOHN F. HOLDER individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, Defendants NO. 08 - ~ j b CIVIL TERM PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: In accordance with the Certification of Docket Entries and Judgment of the Court of Common Pleas for York County, Pennsylvania, which is attached hereto, and pursuant to Pennsylvania Rule of Civil Procedure 3002(a), enter judgment in favor of Members 1St Federal Credit Union and against Michael L. Lowry, individually and d/b/a E & L & H Holding Company, a/k/a E. L. & H. Holding Company, a/k/a EL. & H. Holding Company, and John F. Holder, individually and d/b/a E & L & H Holding Company, a/k/a E. L. & H. Holding Company, a/k/a EL. & H. Holding Company, in the sum of $123,693.03, which does not include attorneys' fees, costs or interest. MARTSON LAW OFFICES Date: 1/15/08 By ~~,~„~/ S ~'~ Christopher E. Rice, Esquire i OFFICE OF THE PROTHONOTARY Of York County Pamela S. Lee Prothonotary ~ Ito Billie Jo Bones D t P th t ~ .; m "" York County Judicial Center 45 North George Street epu y ro ono ary ~ ~, York, Pennsylvania 17401 Gregory E. Gettle '~'~ Telephone (717) 771-9611 Solicitor ~a. -:~~ Members 1sT Federal Credit Union Case No. 2007-NO-4772-Y30 Plaintiff Vs. Michael L Lowery ET AL. Defendant To Whom It May Concern: I certify that judgment was entered in favor of Members 1ST Federal Credit Union and against Michael L Lowery ET AL. on the 13th day of December, 2007 in said case in the amount of $123,693.03. ' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 7th day of January, 2008. '~ , F:\FILES\Clients\Members I st 11470\FILES\Current\52\I 1410.52. conf com Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF CREDIT UNION, :YORK COUNTY, PENNSYLVANIA Plaintiff NO. 6~- CIVIL TERM MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, ~ ,' a/k/a E. L. & H. HOLDING COMPANY, ~ `.~ a/k/a EL. & H. HOLDING COMPANY, - _~ ~~~ <--, , :.; ~, and JOHN F. HOLDER individually and - _~ r~ ~ , d/b/a E & L & H HOLDING COMPANY, - ~. :.~ -r a/k/a E. L. & H. HOLDING COMPANY, -; ~ a/k/a EL. & H. HOLDING COMPANY, = ~' `' `_' Defendants -~ ~~•' ,~ :~:~ - CONFESSION OF JUDGMENT Pursuant to the authority contained in the Credit Agreement attached as Exhibit "A" to the Complaint filed in the above-captioned case, we appear for the Defendants, Michael L. Lowry, individually and d/b/a E & L & H Holding Company, a/k/a E. L. & H. Holding Company, a/k/a EL. & H Holding Company, and John F. Holder, individually and d/b/a E & L & H Holding Company, a/k/a E. L. & H. Holding Company, a1k/a EL. & H. Holding Company, and confess judgment in favor of Members 1 S` Federal Credit Union against Michael L. Lowry, individually and d/b/a E & L & H Holding Company, a/k/a E. L. & H. Holding Company, a/lc/a EL. & H Holding Company, and John F. Holder, individually and d/b/a E & L & H I~q~ ~~ ~ any, a/k/a E. L. & H. Holding Company, a/k/a EL. & H. Holding COMPANY, as of Decembers i10, 2007, as follows: CERTIFIEDfrom the recor s of the Court of Common Pleas York County Pe syl~ nia this,``-- day of ~.~ A.D. 20 Pamela S. Lee, Prothonotary Principal $111,993.66 Costs of Suit (estimated) $500.00 Attorney Fees $11,199.37 Total: $123,693.03* *Plus interest per diem at $23.01, along with additional costs and fees incurred, until paid in full. Respectfully submitted: MARTSON LAW OFFICES 5 ~~-- By: Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717)243-3341 ~~ ~~~Q91 ~~~~~4 i ~ y F:\FILES\ClientsUvlemberslst11470\FILES\Current\52\SS.notice/JMT Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL :1N THE COURT OF COMMON PLEAS OF CREDIT UNION, :YORK COUNTY, PENNSYLVANIA Plaintiff ~~ N0.~0T-' CIVIL TERM MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, _ and JOHN F. HOLDER individually and ~ -,.~ -r~ d/b/a E & L & H HOLDING COMPANY, Y C't °y~ -- a/k/a E. L. & H. HOLDING COMPANY, ~ _ `~' '- a/k/a EL. & H. HOLDING COMPANY, _ , -. ~ ca - .-:' Defendants _ - ~ _:1 ---_ `.., '~ '~ ~° NOTICE ' `' ~ `-_ ce: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written 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 Complaint or for any other claim or relief requested by the Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ~~1CIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT E OR NO FEE: Lawyer Referral Service of the York County Bar Association 137 East Market Street York, PA 17401 Telephone 854-8755, Ext. 201 1 Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF CREDIT UNION, :YORK COUNTY, PENNSYLVANIA Plaintiff NO. 'l,T CIVIL TERM MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, " _ a/k/a E. L. & H. HOLDING COMPANY, ..`~~ a/k/a EL. & H. HOLDING COMPANY '~ ~ T; , and JOHN F. HOLDER individually and - ~ :~ z'' ~~ d/b/a E & L & H HOLDING COMPANY _ :;~ , a/k/a E. L. & H. HOLDING COMPANY, ~ ;: a/k/a EL. & H. HOLDING COMPANY, ' ~ -, `° Defendants __y w , - ;.r, _ ~; COMPLAINT FOR CONFESSION OF JUDGMENT -~ Members 15t Federal Credit Union, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa. R.C.P. No. 2951(b) and in support thereof, avers the following: 1. Plaintiff, Members 1 S` Federal Credit Union, ("Plaintiff') is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant Michael L. Lowry is an adult individual who does business as E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, with an address of 214 Willis Road, Etters, Pennsylvania 17319. 3. Defendant John F. Holder is an adult individual who does business as E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDIN~~+~1~'f~Y, a/k/a EL. & H. HOLDING COMPANY, with an address of 34 Crescent Drive, New Cumberland, Pennsylvania 17070. 4. Defendant Lowry and Defendant Holder both doing business as E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY are the borrowers of the Loan hereinafter defined and collectively will be referred to .~ as Defendants. 5. On October 10 , 2005, Defendants entered into a Credit Agreement with Plaintiff and agreed to, among other things, pay or guarantee the payment of $112,000.00 to Plaintiff or such sum as may be advanced and outstanding from time to time with interest. A true and correct copy of the executed Credit Agreement with Disclosure for Confession of Judgment are attached hereto as Exhibit "A" and are incorporated herein by reference. 7. Defendants have defaulted under Credit Agreement, by and including, but not limited to, allowing a material adverse change in their financial condition and/or payment availability to occur, Lender believing the prospect of payment or performance is impaired, and causing Lender, in good faith, to believe itself insecure based upon recent developments (collectively the "Events of Default"). 8. The Credit Agreement provides that Plaintiff, after the Events of Default have occurred, may confess judgment against Defendants for all sums due and owing thereunder. 9. The total sum due and owing under the Credit Agreement as of December 10, 2007, is itemized as follows: Principal $111,993.66 Costs of Suit (estimated) $500.00 Attorney Fees $11,199.37 Total: $123,693.03* *Plus interest per diem at $23.01, along with additional costs and fees incurred, until paid in full. 10. All conditions precedent have been satisfied to allow Plaintiff to confess judgment against Defendants under the Credit Agreement. 11. Judgment has not been confessed against Defendants in any other jurisdiction under the Credit Agreement. 12. Plaintiff is the holder of the Credit A reement. ~~~ 13. The Credit Agreement was executed~?~~ ~l'~~i;~~ in connection with a commercial transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. .~ , WHEREFORE, Members ls` Federal Credit Union requests this Court enter judgment by confession against Michael L. Lowry, individually and d/b/a E & L & H Holding Company, a/k/a E. L. & H. Holding Company, a/k/a EL. & H Holding Company, and John F. Holder, individually and d/b/a E & L & H Holding Company, a/k/a E. L. & H. Holding Company, a/k/a EL. & H. Holding COMPANY, in the amount of $123,693.03, along with interest accruing at the per diem rate of $23.01, and additional costs and attorney fees as prayed for in the Complaint. Respectfully submitted, MARTSON LAW OFFICES By S /~-- Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: December 12, 2007 EXHIBIT "A" 354Q91,~~~i~;472 CRI• 'T AGREEMEN'>~ A11~D DISCL;' 'URE Prt'itctp~l Laen Dot's ttl#aturity? Loan No cart !Cori: Account QffiCer Initials 5112,QoU.40 1 ~-07-~00~ ~ 0-~6-2t)O8 27073 t -01 RITTER References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""•~" has been omitted due to text length limitations. BOrrOWer: Michael L. Lowry DBA E & L & H Holding Company Lender: Members 1st Federal Credit Union John F. Holder DBA E & L & H Holding Company ATTN: Small Business Lending 214 Willis Road 5000 Louise Drive Etters, PA 17319 Mechanicsburg, PA 17055 CREDIT LIMIT: $112,000.00 DATE OF AGREEMENT: October 7, 2005 Introduction. This Credit Agreement and Disclosure ("Agreement") governs Borrower's line of credit (the "Credit Line" or the "Credit Line Account") issued through Members 1st Federal Credit Union. Borrower agrees to the following terms and conditions: Promise to Pay. Borrower promises to pay Members 1st Federal Credit Union, or order, the total of all credit advances and FINANCE CHARGES together with all costs and expenses for which Borrower is responsible under this Agreement or under the "Mortgage" which secures Borrower's Credit Line. Borrower will pay Borrower's Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means Lender can require any Borrower to pay all amounts due under this Agreement, including credit advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the terms of this Agreement. Lender can release any Borrower from responsibility under this Agreement, and the others will remain responsible. Term. The term of Borrower's Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until October 6, 2008 ("Maturity Date"). All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon maturity. The draw period of Borrower's Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted by Lender in the Commonwealth of Pennsylvania, following the perfection of the Mortgage, and the meeting of all of Lender's other conditions. Borrower may obtain credit advances during this period ("Draw Period"). Borrower agrees that Lender may renew or extend the period during which Borrower may obtain credit advances or make payments. Borrower further agrees that Lender may renew or extend Borrower's Credit Line Account. Minimum Payment. Borrower's "Regular Payment" will equal the amount of Borrower's accrued FINANCE CHARGES or 550.00, whichever is greater. Borrower will make 35 of these payments. Borrower will then be required to pay the entire balance owing in a single balloon payment. If Borrower makes only the minimum payments, Borrower may not repay any of the principal balance by the end of this payment stream. Borrower's payments will be due monthly. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of Borrower's Regular Payment. In any event, if Borrower's Credit Line balance falls below 5250.00, Borrower agrees to pay Borrower's balance in full. Borrower agrees to pay not less than the Minimum Payment on or before the due date. Balloon Payment. Borrower's Credit line Account is payable in full upon maturity in a single balloon payment. Borrower must pay the entire outstanding principal, interest and any other charges then due. Unless otherwise required by applicable law, Lender is under no obligation to refinance the balloon payment at that time. Borrower may be required to make payments out of other assets Borrower owns or find a lender, which may be Lender, willing to lend Borrower the money. If Borrower refinances the balloon, Borrower may have to pay some or all of the closing costs normally associated with a new credit line account, even if Borrower obtains refinancing from Lender. How Borrower's Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to late charges and other charges; then to any amounts that exceed Borrower's Credit Limit; then to any voluntary credit life and disability insurance premiums; then to Finance Charges; and then to unpaid principal. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of One Hundred Twelve Thousand & 00/100 Dollars IS112,000.001, which will be Borrower's "Credit limit" under this Agreement. Borrower may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Borrower's Credit Limit is the maximum amount Borrower may have outstanding at any one time. Borrower agrees not to attempt, request, or obtain a credit advance that will make Borrower's Credit Line Account balance exceed Borrower's Credit Limit. Borrower's Credit Limit will not be increased should Borrower overdraw Borrower's Credit line Account. If Borrower exceeds Borrower's Credit Limit, Borrower agrees to repay immediately the amount by which Borrower's Credit Line Account exceeds Borrower's Credit Limit. Any amount greater than the Credit Limit will be secured by the security agreement covering Borrower's property. Charges to Borrower's Credit Line. Lender may charge Borrower's Credit Line to pay other fees and costs that Borrower is obligated to pay under this Agreement, the Mortgage or any other document related to Borrower's Credit Line. In addition, Lender may charge Borrower's Credit Line for funds required for continuing insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. Lender may also, at Lender's option, charge Borrower's Credit Line to pay any costs or expenses to protect or perfect Lender's security interest in Borrower's property. These costs or expenses include, without limitation, payments to cure defaults under any existing liens on Borrower's property. If Borrower does not pay Borrower's property taxes, Lender may charge Borrower's Credit Line and pay the delinquent taxes. Any amount so charged to Borrower's Credit Line r6+o~snce and will decrease the funds available, if any, under the Credit Line. However, Lender has no obligation to provide any d'~u~ I~' iTTtt ces referred to in this ara ra h. Effective Disbursement Date. The words "Effective Disbursement Date" as used ir~h~i~~~eement mean a d p g p the Agreement is accepted by Lender in the Commonwealth of Pennsylvania following the perfection of Lender's sefcurity agreementDsaand t e n meeting of all of Lender's other conditions. Borrower agrees and understands that Borrower may not receive any credit advance under Borrower's Credit Line until after the Effective Disbursement Date of this Agreement. Credit Advances. After the Effective Disbursement Date of this Agreement, Borrower may obtain credit advances under Borrower's Credit Line as follows: Telephone Request. Requesting a credit advance from Borrower's Credit Line to be applied to Borrower's designated account by telephone. Except for transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, Borrower acknowledges and Borrower agrees that Lender does not accept responsibility for the authenticity of telephone instructions and that Lender will not be liable for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine. Requests By Mail. Requesting an advance by mail. f 'DIT AGREEMENT qN~ DISCLO~ ZE Loan No: 270731-01 (Continued) Requests in Person. Requesting a credit advance in person at any of Lender's authorized locations. Page 2 If there is more than one person authorized to use this Credit Line Account, Borrower agrees not to give Lender conflicting instructions, such as one Borrower telling Lender not to give advances to the other. Transaction Requirements. The following transaction limitations will apply to the use of Borrower's Credit Line: Request By Mail, In Person Request and Telephone Request Limitations. There are no transaction limitations for requesting an advance by mail, requesting an advance in person or requesting an advance by telephone. Future Credit Line Services. Borrower's application for this Credit Line also serves as a request to receive any new services Isuch as access devices) which may be available at some future time as one of Lender's services in connection with this Credit Line. Borrower understands that this request is voluntary and that Borrower may refuse any of these new services at the time they are offered. Borrower further understands that the terms and conditions of this Agreement, together with any specific terms covering the new service, will govern any transactions made pursuant to any of these new services. Collateral. Borrower acknowledges this Agreement is secured by the following collateral described in the security instruments listed herein; (AI an Open-End Mortgage dated October 7, 2005, to Lender on real property located in York County, Commonwealth of Pennsylvania (B) an Assignment of All Rents to lender on real property located in York County, Commonwealth of Pennsylvania. Insurance. Borrower must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to Lender. Borrower may obtain property insurance through any company of Borrower's choice that is reasonably satisfactory to Lender. Borrower has the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by Borrower, subject to Lender's right, for reasonable cause before credit is extended, to decline any insurance provided by Borrower. Subject to applicable law, if Borrower fails to obtain or maintain insurance as required in the Mortgage, Lender may purchase insurance to protect Lender's own interest, add the premium to Borrower's balance, declare the loan in default, or do any one or more of these things. Statutory Lien. Borrower agrees that all credit advances Borrower receives under the plan are secured by all shares and deposits in all joint and individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender to apply the balance in these accounts to pay any amounts due under this Agreement when Borrower is in default under this Agreement. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest Borrower has given in Borrower's shares and deposits. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under Borrower's Credit Line will begin to accrue on the date credit advances are posted to Borrower's Credit Line. There is no "free ride period" which would allow Borrower to avoid a FINANCE CHARGE on Borrower's Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A monthly FINANCE CHARGE will be imposed on all credit advances made under Borrower's Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To get the average daily balance, Lender takes the beginning balance of Borrower's Credit Line Account each day, add any new advances and subtract any payments or credits. This gives Lender a daily balance. Then, Lender adds up all the daily balances for the statement cycle and divides the total by the number of days in the statement cycle. This gives Lender the "average daily balance." Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the monthly "Periodic Rate" to the balance described herein. This is Borrower's FINANCE CHARGE calculated by applying a Periodic Rate. Borrower also agrees to pay FINANCE CHARGES, not calculated by applying a Periodic Rate, as set forth below: Minimum FINANCE CHARGE. In any event, including payment of the Credit Line balance in full, Borrower may have to pay a Minimum FINANCE CHARGE of S0.50. This fee will be charged as follows: Monthly. Annual Review Fee. At the time of an annual review of Borrower's Credit Line Account Borrower will be charged a fee as follows: 0.00. Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on Borrower's Credit Line are subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index"-. This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. The ANNUAL PERCENTAGE RATE on Borrower's Credit Line is based upon the Index described below. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on Borrower's Credit Line will increase or decrease as the Index increases or decreases from time to time. Lender will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows: lender starts with the current Index as disclosed below. To determine the Periodic Rate that will apply to Borrower's account, Lender takes the value of the Index, then divides the value by 12 (monthly). To obtain the ANNUAL PERCENTAGE RATE Lender multiplies the Periodic Rate by 12 Imonthlyl. This result is the ANNUAL PERCENTAGE RATE. In no event will the corresponding ANNUAL PERCENTAGE RATE be less than 4.000% per annum or more than [he lesser of 18.000% or the maximum rate allowed by applicable law. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect the first business day after a payment is made following a change in interest rates. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 3.000 percentage points. Toda ~,,,G,,~,O% per annum, and therefore the initial ANNUAL PERCENTAGE RATE and the corresponding Periodic Rate on Borrower' ~~'~~4ap~a~ stated below: Current Rates for the First Payment Stream )i} Range of Balance or Conditions Atl Balances Margin Added to Index 0.000% ANNUAL PERCENTAGE RATE 6.750% Monthly Periodic Rate 0.56250% Notwithstanding any other provision of this Agreement, Lender will not charge interest on any undisbursed loan proceeds Forgo Rate Increases. If we forgo an ANNUAL PERCENTAGE RATE increase, at the time of a later adjustment we may return to the full Index value plus margin. Conditions Under Which Other Charges May Be Imposed. Borrower agrees to pay all the other fees and charges related to Borrower's Credit Line as set forth below: Fee to Stop Payment. Borrower's Credit Line Account may be charged S30.00 when Borrower requests a stop payment on Borrower's account. • t :DIT AGREENtEMT aND DISCLO: tE Loan No: 270731-01 (Continued) Page 3 Late Ch arge. In addition to Lender's rights upon default, Borrower's payment will be late if it is not received by Lender within 15 days after the "Payment Due Date" shown on the voucher Borrower receives with each credit advance. If Borrower's payment is fate Lender may charge Borrower 5.000% of the unpaid amount of the payment or S25.00, whichever is greater. Security Interest Charges. Borrower agrees to pay all security interest charges related to Borrower's Credit Line as set forth below: Appraisal S675.00 Flood search S 15.00 Credit Plus S42.00 Environmental report 5200.00 Loan Doc fee 5275.00 York County Recorder of deeds S80.50 Total S 1287.50 Right to Credit Advances. After the Effective Disbursement Date, Lender will honor Borrower's requests for credit advances up to Borrower's Credit Limit so long as: (A) Borrower is not in default under the terms of this Agreement; (B) this Agreement has not been terminated or suspended; and IC1 Borrower's Credit Line has not been cancelled as provided above in the section of this Agreement titled "Term." Default. Lender may declare Borrower to be in default if any one or more of the following events occur: (A) Borrower fails to pay a Minimum Payment when due; IB) an event of default occurs under the security agreement for the Property; (CI the Property is further encumbered in any way, voluntarily or involuntarily; ID1 Borrower dies; (EI Borrower makes any false or misleading statements on Borrower's Credit Line application; fF1 Borrower violates any provision of this Agreement or any other agreement with Lender; (G) any garnishment, attachment, or execution is issued against any material asset owned by Borrower; (HI Borrower exceeds Borrower's Credit Limit; 111 Borrower files for bankruptcy or other insolvency relief, or an involuntary petition under the provisions of the Bankruptcy Code is filed against Borrower; IJI Lender in good faith believes itself insecure. Lender's Rights. If Borrower is in default, Lender will send notice to Borrower setting forth a time period of at least thirty (30) days within which such default may be cured. During this cure period, without notice, Lender may suspend Borrower's Credit Line as provided below. If such default is not cured during this period, Lender may either terminate or continue suspension of Borrower's Credit Line Account. Suspension. If Lender suspends Borrower's Credit Line, Borrower will lose the right to obtain further credit advances. However, all other terms of this Agreement will remain in effect and be binding upon Borrower, including Borrower's liability for any further unauthorized use of any Credit Line access devices. Termination. If Lender terminates Borrower's Credit Line, Borrower's Credit Line will be suspended and the entire unpaid balance of Borrower's Credit Line Account will be immediately due and payable, without prior notice except as may be required by law, and Borrower agrees to pay that amount plus all FINANCE CHARGES and other amounts due under this Agreement. Collection Costs. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. Rate Increase. In addition to Lender's other rights on default, Lender may increase the variable interest rate under this Agreement to 15.000 percent per annum. The interest rate will not exceed the maximum rate permitted by applicable law. If Lender does not increase the interest rate on default, it will continue at the variable rate in effect as of the date Lender declares a default. Delay in Enforcement. Lender may delay or waive the enforcement of any of Lender's rights under this Agreement without losing that right or any other right. If Lender delays or waives any of Lender's rights, lender may enforce that right at any time in the future without advance notice. For example, not terminating Borrower's account for non-payment will not be a waiver of Lender's right to terminate Borrower's account in the future if Borrower has not paid. Termination by Borrower. If Borrower terminates this Agreement, Borrower must notify Lender. Despite termination, Borrower's obligations under this Agreement will remain in full force and effect until Borrower has paid Lender all amounts due under this Agreement. Prepayment. Borrower may prepay all or any amount owing under this Credit Line at any time without penalty, except Lender will be entitled to receive the Minimum FINANCE CHARGES as stated above and to receive all accrued FINANCE CHARGES, and other charges, if any. Payments in excess of Borrower's Minimum Payment will not relieve Borrower of Borrower's obligation to continue to make Borrower's Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Members 1st Federal Credit Union, 5000 Louise Drive Mechanicsburg, PA 17050. Notices. All notices will be sent to Borrower's address as shown in Borrower' different address it Borrower gives Lender written notice of a different addre ~~cation. Notices will be mailed to Borrower at a Borrower's mailing address. ~~~{f~~e,(~~~~s to advise Lender promptly if Borrower changes Annual Review. Borrower agrees that Borrower will provide Lender with a current financial statement, a new credit application, or both, annually, on forms provided by Lender. Based upon this information Lender will conduct an annual review of Borrower's Credit Line Account. Borrower also agrees Lender may obtain credit reports on Borrower at any time, at Lender's sole option and expense, for any reason, including but not limited to determining whether there has been an adverse change in Borrower's financial condition. Lender may require a new appraisal of the Property which secures Borrower's Credit Line at any time, including an internal inspection, at Lender's sole option and expense. Borrower agrees to pay the annual review fee shown above. Borrower authorizes Lender to release information about Borrower to third parties as described in Lender's privacy policy and Lender's Fair Credit Reporting Act notice, provided Borrower did not opt out of the applicable policy, or as permitted by law. Based upon a material adverse change in Borrower's financial condition (such as termination of employment or loss of income), Lender may suspend Borrower's Credit Line. Transfer or Assignment. Without prior notice or approval from Borrower, Lender reserves the right to sell or transfer Borrower's Credit Line Account and Lender's rights and obligations under this Agreement to another lender, entity, or person, and to assign Lender's rights under the Mortgage. Borrower's rights under this Agreement belong to Borrower only and may not be transferred or assigned. Borrower's obligations, however, are binding on Borrower's heirs and legal representatives. Upon any such sale or transfer, Lender will have no further obligation to provide Borrower with credit advances or to perform any other obligation under this Agreement. • ( :DIT AGREEMENT ANA DISCLO ;E Loan No: 270731-01 (C~ntinued) Page 4 Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us if we report any inaccurate information about your accountlsl to a consumer reporting agency. Your written notice describing the specific inaccuracy(iesl should be sent to us at the following address: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17050. Jury Waiver. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Interpretation. Borrower agrees that this Agreement, together with the Mortgage, is the best evidence of Borrower's agreements with Lender. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court may enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. If Lender goes to court for any reason, Lender can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to prove what Borrower owes Lender or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as the original. Borrower agrees that, except to the extent Borrower can show there is a billing error, Borrower's most current periodic statement is the best evidence of Borrower's obligation to pay. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Arbitration. Borrower and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Agreement or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall Dave the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Agreement shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, lathes, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Confession of Judgment. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THE CREDIT LINE ACCOUNT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE CREDIT LINE ACCOUNT, 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 (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. Acknowledgment and Amendments. Borrower understands and agrees to the terms and conditions in this Agreement. Borrower acknowledges that, subject to applicable laws, Lender has the right to change the terms and conditions of the Credit Line program, including without limitation, the Margin. If Lender changes the Periodic Rate and subsequent new credit advances are made under this Agreement, the entire balance will be subject to the new rates. Borrower also understands and a rees that Borrower v h - ~ ~6i g ..,.~,,,~,j;,>;pgther agreements with Lender regarding transfer instruments or access devices which may access Borrower's Credit Line ++~~r gg~~n, i ~yn below ma re uest a modification to this Agreement, and, if granted, the modification will be binding upon all signers. ey~~ih~'JR~r~~,rnent, Borrower acknowledges that Borrower has read this Agreement. Borrower also acknowledges receipt of a completed copy of this Agreement. Loam No: 270731-01 DIT AGREEIU~ENT AND DISCLO .E (C~ntinued) Paae 5 This Agreement is dated October 7, 2005. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X / ~~ ~ ~ ISeal) Michael L. Lowr DBA E L & Holding Company X " ~ `I~~~V' fSeal) Jo F. Holder DBA E & L & H Holding Company ACCEPTED: MeN}~ RS r~ F RAL CREDIT UNION ,, ~ ~, ISeaq Authorized SigrT r Effective Disbursement Date: lASEq PRO l~ntlng, Ver. S.ZB.OO.Op4 Cope. Mu1wr0 FM~nc1Y $olutipn~, Ine. 1997, jpp9, AN Riyhl~ ga~wwd. ~ PA =:~~PI1LPL1025.F~ Tq~89< PR~i1 tP4~AIFJpIIIgr ~~4091~~Jc~~~2 DISCLC IRE FOR CO~V~~SSlON OF ,~ ~GMENT Principal roan Date:. Maturity Loam No eau t Coll Account Officer (nta#s 112,0OQ.00 1 Q-f17-2Q05 1 t7-R6: 2008 270731'-Q 1 RI'F"TER References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " * • "' has been omitted due to text length limitations. BorrOWer: Michael L. Lowry DBA E & L & H Holding Company L@nd@r: Members 1st Federal Credit Union John F. Holder DBA E & L & H Holding Company ATTN: Small Business Lending 214 Willis Road 5000 Louise Driva Etters, PA 17319 Mechanicsburg, PA 17055 DeClerent: Michael L. Lowry DBA E & L & H Holding Company 214 Willis Road Etters, PA 17319 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~~~ ~ OAY OF ~-' C- '~ , 20v r, A CREDIT AGREEMENT FOR S 112,000.00 -T-- OBLIGATING ME TO REPAY ALL AMOUNTS DUE UNDER THE CREDIT AGREEMENT. A. I UNDERSTAND THAT THE CREDIT AGREEMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT UNDER THE CREDIT AGREEMENT, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE CREDIT AGREEMENT, 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 CREDIT AGREEMENT, 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 ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. 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 CREDIT AGREEMENT ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, 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. IN EXECUTING THE CREDIT AGREEMENT, 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 TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, 1 REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE CREDIT AGREEMENT. ~_ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE CREDIT AGREEMENT TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS S10,000; 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 IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DIS~,,,~„Q,plp SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. ~~,{(~~+{ ~~j~;~~~ DECLARANT: / `l tJ 1 l1 4 H Holding Company Seal} LASER PPO L.ntling, V,r. S.ZB.JJ.OCa Cc P,. Hwlmrtl Fn,nciM $uluuon,, Inc, 199`, 2005. All RuJ~rY R,ssiv~tl. ~ PA Z'. ~.OFI\IPlICJ0.F0 -P~A9< PP~tJ DISCLC IRE FOR CC~fV~~~SSlON OF .! 1GMENT Principe[ Laen Date Maturity Loan No Gait t Cat Account (]fficer Initials $17 Z,Qal~;f~p 1 Q 07.-2Qa5 1 p-fl6-2f}08 270731=01 BITTER References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """" has been omitted due to text length limitations. Borrower: Michael L. Lowry DBA E & L & H Holding Company Lender: Members 1st Federal Credit Union John F. Holder DBA E & L & H Holding Company ATTN: Small Business Lending 214 Willis Road 5000 Louise Drive Etters, PA 17319 Mechanicsburg, PA 17055 Declerent: John F. Holder DBA E & L & H Holding Company 34 Crescent Drive New Cumberland, PA 17070 DISCLOSURE FOR CONFESSION OF JUDGMENT ,1-~,~,~ I AM EXECUTING, THIS ~ DAY OF " ~- l , 20 ~'I ~, A CREDIT AGREEMENT FOR S112,000.00 OBLIGATING ME TO REPAY ALL AMOUNTS DUE UNDER THE CREDIT AGREEMENT. A. 1 UNDERSTAND THAT THE CREDIT AGREEMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT UNDER THE CREDIT AGREEMENT, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE CREDIT AGREEMENT, 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 CREDIT AGREEMENT, 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 ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT tN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE CREDIT AGREEMENT ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, 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. IN EXECUTING THE CREDIT AGREEMENT, 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 TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE CREDIT AGREEMENT. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE CREDIT AGREEMENT TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS 510,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL ANO IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. ~~~ ~~~ DECLARANT: ~~4Q919~~i~4 t ~ X '~ ~~ tseali Joh . Holder DBA & L & H Holding Company ). Cop.. Hu1,nE Fw MCi~ SoWnen,, Ina. 199], 7005. FII Px7h \, R„v~,tl. ~ PA 7:\Cfl'~LP1i070.FC TR~R90 PR~ 17 VERIFICATION I, Mark Ritter of Members 151 Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Members 15t Federal Credit Union and certify the foregoing Complaint for Confession of Judgment is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint for Confession of Judgment is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint for Confession of Judgment is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. MEMB S ~1 sT' FEDERAL CREDIT UNION ~~" By: Mark Ritter, AVP 3~40919(~~~41~ Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, and JOHN F. HOLDER individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ~ ~ ~~~ ~ ~~ N0. - CIVIL TERM -~ ~ =~ v --, .--, ~, _ , _,_ ~, ~- _ - ~~~ T .t. : _~' - ~ % i . _ ~ ._ M ~ . ~ cx, - NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. N0.236 TO: Michael L. Lowry, individually and d/b/a E & L & H Holding Company, a/k/a E. L & H. Holding Company, a/k/a EL. & H. Holding Company 214 Willis Road Etters, PA 17319 You are hereby notified that on (~ I ~ ,judgment by confession was entered against you in the above-captioned case in favor of Members 15t Federal Credit Union as follows: Principal $111,993.66 Costs of Suit (estimated) $500.00 Attorney Fees $11,199.37 Total: $123,6 ~°" "'"~,"'" 91 ~~1~~~~2 *Plus interest per diem at $23.01, along with additional costs and fees incurred, until paid in full. "~ i /'~ Date: I a` I lJ~ P othonotary Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, and JOHN F. HOLDER individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF :YORK COUNTY, PENNSYLVANIA NO. 0~- CIVIL TERM ~: _.. c~ -.J ~ r,..a ~ ;~ f~'1 . _; ~-, -- ; -~ , '' `"' 2 _ r. . ~ - !~. ~: ~~rn fV ._ :r ~ , c~ NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. N0.236 TO: John F. Holder, individually and d/b/a E & L & H Holding Company, a/k/a E. L & H. Holding Company, a/k/a EL. & H. Holding Company 34 Crescent Drive New Cumberland, PA 17070 You are hereby notified that on 1 ~'`~ ~~ l~g 1, judgment by confession was entered against you in the above-captioned case in favor of Members ls` Federal Credit Union as follows: Principal $111,993.66 Costs of Suit (estimated) $ ~~.~, Attorney Fees , ~ .~i~ 4 ~~ Total: $123,693.03* *Plus interest per diem at $23.01, along with additional costs and fees incurred, until paid in full. Date: ' ~.rJ Pro onotary Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF CREDIT UNION, :YORK COUNTY, PENNSYLVANIA Plaintiff : V. ~ ~~ NO. `i8'~ CIVIL TERM MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, and JOHN F. HOLDER individually and ~'~' ~' d/b/a E & L & H HOLDING COMPANY, ~ a/k/a E. L. & H. HOLDING COMPANY, ~- a/k/a EL. & H. HOLDING COMPANY ~` -~= `"' `~'-~ Defendants : -, ; - -_ w ~ ~-' ~:J . _ .J- - ~ ~'~1 AFFIDAVIT - _ . ~' .. ~ - ,._T I, Christopher E. Rice, Esquire, attorney for Plaintiff, hereby certify, that to the best &f my knowledge, that the Confession of Judgment for Money attached is not being entered against a natural person in connection with a consumer credit transaction. Date: l..s' h-- ~`'/" " ~ ' `---" (~Z - !2 - o ? Christopher E. Rice, Esquire Sworn to and subws' ~ribed before me this ,G~ day of December, 2007. ~'~"'~"' 3~4091~c~~;~,~ `~ , Not Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Prics, Notary Public Carlisle Born, Gmberlartd Courtly My Corrnnission E~ires Aug.1$, 2011 Member, Pennsylvania Aseocfetlon of NOtarie~ Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff v. MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, and JOHN F. HOLDER individually and d/b/a E & L & H HOLDING COMPANY, a/kla E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO. ~I- CIVIL TERM / ` '~.; ,~J „r '_..J .:i >.. ~„' .:.; CERTIFICATE OF RESIDENCE We hereby certify that the last known addresses of the Defendants are: w crt ~: Michael L. Lowry, individually and d/b/a E & L & H Holding Company, a/k/a E. L & H. Holding Company, a/k/a EL. & H. Holding Company 214 Willis Road Etters, PA 17319 John F. Holder, individually and d/b/a E & L & H Holding Company, a/k/a E. L & H. Holding Company, a/kla EL. & H. Holding Company 34 Crescent Drive New Cumberland, PA 17070 The address of Plaintiff is: 5000 Louise ~~~ ~~~sburg, Pennsylvania 17055. MARTSON LAW OFFICES :a ~_, r~ ~ '; `_ .y"~ ~~; ,._~~ By ~ ~ !"~ Christopher E. Rice, Esquire Date: December 12, 2007 Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. MICHAEL L. LOWRY, individually and dlb/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, and JOHN F. HOLDER individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF :YORK COUNTY, PENNSYLVANIA ~ }JO U~13 u~ ~o~- ~rvarEa~~ ~" `, ~~-, -, -~ n ca ,:, ~v r.~~t cz ;~ -~ ~> ;_, ,, _..' `- ::.' < .-- rn .._: C3 AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendants above named are not in the military service of the United States of America, that he has knowledge that the said Defendants are now living at: 214 Willis Road Etters, PA 17319, and 34 Crescent Drive, New Cumberland, PA 17070. Said Defendants' place of employment is unknown. Sworn to and subscribed before me this day of ~~,,,,Q~/ , 2007. ~. Not ublic n n~. ~ ~__ Christopher E. Rice, Esquire CoMMC}NWEAL'f`~,ENNS YLVANIA Mary M. P~itce~j~p~ pubBc My `com ~; ~~'""'ber~a"d C°'u'ty MambQr, Pannaylvanls~q ~~ n o~~~~es Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. MICHAEL L. LOWRY, individually and IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA No~3 NG Ull3 ~~~v d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, '_~ and JOHN F. HOLDER individually and d/b/a E & L & H HOLDING COMPANY, -~ a/k/a E. L. & H. HOLDING COMPANY, - ~ _=.~-' alk/a EL. & H. HOLDING COMPANY, - ' _ ~ ~' Defendants ~ '~ NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 PA. C.S.A. §2737.1. (Act 105 of 2000) ~ ~, c"7 ~-~ 4 r1~ `~~ _. ` ~-, ... c.r~ PURSUANT TO 42 PA. C.S.A. SECTION 2737.1, IF YOU HAVE BEEN INCORRECTLY IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YOU, YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. INSTRUCTIONS REGARDING THE PROCEDURE TO STRIKE THE CONFESSED JUDGMENT ARE SET FORTH BELOW: Pennsylvania Rule of Civil Procedure 2959 -Striking Off Judgment (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strilee.ca£~,the» ent or to open it must be asserted in a single petition. The petition may be filed~~4>~~; ' try in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only: (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. You may have other rights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Lawyer Referral Service of the York County Bar Association 137 East Market Street York, PA 17401 Telephone 85P4~87~55,~T~xt..201 34091 x;71;'412 Christopher E. Rice, Esquire Attorney LD. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 sr FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA v. MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, and JOHN F. HOLDER individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, Defendants NO. - CIVIL TERM °`, NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights f o .., -~ ~ ~ =-? ~ _ ~:~ `~ r3 .'=; ;.n ~. -~ .. TO: John F. Holder, individually and d/b/a E & L & H Holding Company, a/k/a E. L & H. Holding Company, a/k/a EL. & H. Holding Company A judgment in the amount of $123,693.03 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEE ~~~~ ROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30~~~'~"Y'~~~THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service of the York County Bar Association 137 East Market Street York, PA 17401 Telephone 854-8755, Ext. 201 By Date: December 12, 2007 MARTSON LAW OFFICES ~~ S ~ Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ,.,~.~. 3~40919~?~~412 • ,~ Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. MICHAEL L. LOWRY, individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, and JOHN F. HOLDER individually and d/b/a E & L & H HOLDING COMPANY, a/k/a E. L. & H. HOLDING COMPANY, a/k/a EL. & H. HOLDING COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA NO. -fir CIVIL TERM NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON _ ~ ._,, .~ ~ ~ ~1 ._ =, - -- ~ ~ n; r ~ ~a . . _ ~ r..: Notice of Defendants' Rights TO: Michael L. Lowry, individually and d/b/a E & L & H Holding Company, a/k/a E. L & H. Holding Company, a/k/a EL. & H. Holding Company A judgment in the amount of $123,693.03 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKINA~~F~-I DATE ON WHICH HIS PRESENT IT TO A JUDGE WITHIN THIRTY (30) D NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. .~ • YOU SHOULD TAKE THIS PAPER TO YOUR LA OR TELEP ONE THE OFFDI O SOFT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO FORTH BELOW TO FIND OUT WHERE YOU CAN GEG A LAWYER. ~ THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRIN IF YOU CANNOT AFFORD TO HIRE A LAWY NCIESI THAT MAY OFBFERB EGAL PROVIDE YOU WITH INFORMATION ABOUT AGE SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service of the York County Bar Association 137 East Market Street York, PA 17401 Telephone 854-8755, Ext. 201 MARTSON LAW OFFICES C ~-- By Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA ] 7013 (717) 243-3341 Attorneys for Plaintiff Date: December 12, 2007 a~ CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Complaint for Confession of Judgment was served this date by depositing same in the Post Office at Carlisle, PA, Certified Mail, Restricted Delivery, postage prepaid, addressed as follows: Michael L. Lowry, individually and d/b/a E & L & H Holding Company, a/k/a E. L & H. Holding Company, a/k/a EL. & H. Holding Company 214 Willis Road Etters, PA 17319 John F. Holder, individually and d/b/a E & L & H Holding Company, a/k/a E. L & H. Holding Company, a/k/a EL. & H. Holding Company 34 Crescent Drive New Cumberland, PA 17070 MARTSON LAW OFFICES By , M. Price en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~~i/~;~/0 ~5~~~~ `~~~i~~'~~ • ,~. ~ ~ ~ LL s.~a ..e. .... 1~1ARTSON LAW OFFICES lU $AST HIGH STRIiIsI' CARLISLE, PENNSYZVANL~ 17013 TELEPHONE (?1?} 243-3341 F~,CSIMILE (717) 243-1850 INTERNET wwwmartsonlawcom ' ~ ~ a ~ i I.I<1Y1 ~'. _~I.\RTS(>N ~1i1 (~EC)RGE $. F.\L1.ER JR.* . 1OI-iN $, ~p~'I'LcR III DAVID El. FITZSIMONB Cl'iRISTOPHER F. RICE D.Y'~ilEl. I`. DF=~RllQRFF * ' JENNIFER L. SPEARS 1LLIANIS THO~LYS J. tix SETH T. blosESEY No V. Orro III "F'R1.DT 1/. I'EHLINvER IIL'}3li12T ~. GILROY 'ASO.+Np (;t,R7'IY1HD ~-l1RL ZRIAL SPEI.L~Lt$T December 12, 2007 VIA UPS OVERNIGHT DELIVERY Pamela S. Lee, Prothonotary York County Courthouse 45 North George Street York, PA 17401 Members 1St Federal Credit Union v. Michael L. Lowry, individually and d/b/a E & L & H Holding Company, a/k/a E• L & H. Holding Company, a/k/a EL. & H. Holding Company and John F. Holder, individulal/la EL & H/aHo ding Company g Company, a/k/a E• L & H. Holding Company, a/ Our File No. 11470.52 RE Dear Ms. Lee: Taint for Confession of Judgment, of the Enclosed are an original and four copies of a Comp with our check in the amount of $43.25 for the filingnvelo les addressed t the Def e dantsare also documents to our office in the envelope provided. E p enclosed. Thank you for your assistance. Should you have any questions, please feel free to contact our office. Very truly yours, Mp,RTSON LAW OFFICES C/w ~ s ~~ Christop~~~ ~'~~~~ ~ ~ CER/mmp Enclosures cc: Members 1St Federal Credit Union (w/ enc.) Mr. Michael Lowry (w/ enc.) Mr. John Holder (w/ enc.) F:\FILES\Cliana\Members i stl 1470\FILES\Curtrn052~11470.52.proth Siv{ ADVICE • A D V O C A C Y ' YORK COUNTY COURTHOUSE PAGE: 1 01/07/08 CIVIL ACTION DOCKET MEMBERS 1ST FEDERAL CREDI CASE NO: 2007-NO-004772-Y06 YK Y30 FILING DATE: 12/13/07 JUDGE: VS. LOWRY, MICHAEL L ET AL PARTY TYPE LITIGANT PARTY NAME ------ ATTORNEY P001 RICE, CHRISTOPHER E PLAINTIFF FOR CIVI P001 MEMBERS 1ST FEDERAL CREDIT UNION DEFENDANT FOR CIVI D001 LOWRY, MICHAEL L DEFENDANT FOR CIVI D002 E AND L AND H HOLDING COMPANY DEFENDANT FOR CIVI D003 E L AND H HOLDING COMPANY DEFENDANT FOR CIVI D004 EL AND H HOLDING COMPANY DEFENDANT FOR CIVI D005 HOLDER, JOHN F FEE/AMOUNT DATE --------------- -------- --------------------- 12/13/07 00190 00472 *AFFIDAVIT OF NON-MILITARY SERVICE 12/13/07 00190 00472 *CERTIFICATE OF RESIDENCE 12/13/07 00190 00472 *AFFIDAVIT 12/13/07 00190 00472 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS FILED 12-13-07 12/13/07 00190 00472 *AFFIDAVIT RE: NON-CONSUMER CREDIT TRANSACTION 12/13/07 00190 00472 *JUDGMENT CONFESSED PURSUANT TO WARRANT OF ATTY 43.25 12/13/07 00190 00472 *FILING FEE 12/13/07* 00190 OT4AND CONFESSIONEOF JUDGMENT ON NOTEIDATED 10-07-05123,693.03 COMPLAIN JUDGMENT AMT: $123,693.03 DEBTOR (S) <D005DEFT >HOLDER, JOHN F _ 12/13/07* 00190 OT4AND CONFESSIONEOF 1JUDGMENT ON NOTEIDATED 110-07-05123,693.03 COMPLAIN JUDGMENT AMT: $123,693.03 DEBTOR (S) <D004DEFT >EL AND H HOLDING COMPA 12/13/07* OOILAINT4AND CONFESSIONEOF 1JUDGMENT ON NOTEIDATEDOI0-07-05123,693.03 COMP JUDGMENT AMT: $123,693.03 DEBTOR (S) <D003DEFT >E L AND H HOLDING COMP 12/13/07 00190 00472 AS TO MEMBERS 1ST FEDERAL CREDIT UNION 123,693.03 *COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE=DATED 10-07-05 JUDGMENT AMT: $123,693.03 . , ~ . .• , I CERTIFICATION I hereby certify that the Plaintiff s address is: Members lst Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 I also hereby certify that the last known addresses for Defendants are as follows: Michael L. Lowry d/b/a E & L & H Holding Company a/k/a E. L. & H. Holding Company a1k/a EL. & H. Holding Company 214 Willis Road Etters, PA 17319 John F. Holder d/b/a E & L & H Holding Company a/k/a E. L. & H. Holding Company a/k/a EL. & H. Holding Company 34 Crescent Drive New Cumberland, PA 17070 MARTSON LAW OFFICES By: S ~~~~ Christopher E. Rice, Esquire I. D. Number 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~ ~~- ~ ~ Attorneys for Plaintiff r ~~ r CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael L. Lowry d/b/a E & L & H Holding Company a/k/a E. L. & H. Holding Company a/k/a EL. & H. Holding Company 214 Willis Road Etters, PA 17319 John F. Holder d/b/a E & L & H Holding Company a/k/a E. L. & H. Holding Company a1k/a EL. & H. Holding Company 34 Crescent Drive New Cumberland, PA 17070 MARTSON LAW OFFICES By O M .Price 10 E t High Street Carlisle, PA 17013 (717) 243-3341 Date: / / ~ Q~ ~~ ^~ \" V ~_ Q ~/" ~ ~, ^~ W t'? ~., s.:, ~~ Q' 1' ~ c_ ~.3 ~.; f~ . c,,..~ 1 6 ~ .. _. ~ ~~ `~} 1 '' c ~.... _.I , , ', ~..~ i. °r\> ,~Z L, , ..,;; ~~ Q ?`