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HomeMy WebLinkAbout08-3885MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO Q g C?t?C V. U DAWN SHUGHART REALTY, LLC,; DAWN M. SHUGHART Defendants ENTRY OF APPEARANCE AND CONFESSION OF JUDGMENT DEAR CLERK: Please docket this case by consent and enter the appearance of Marc. W. Witzig, Esquire and Kelly M. Knight, Esquire, Cunningham & Chernicoff, P.C., for the Defendants Dawn Shughart Realty, LLC, and Dawn M. Shughart. With respect to Count I, and pursuant to the authority contained in the Warrant of Attorney, the original or a copy of which is attached to the Complaint filed in this action, we appear for the Defendant, Dawn Shughart Realty, LLC, and confess judgment in favor of the Plaintiff and against Defendant, Dawn Shughart Realty, LLC, in the amount of Principal: $ 60,418.92 Attorney Fees $ 5.000.00 $ 65,418.92 Plus continuing pre judgment interest of 6.0% per annum from June 20, 2008; continuing post judgment interest of 11.0% per annum; continuing costs, continuing late charges and continuing attomey fees. With respect to Count II, and pursuant to the authority contained in the Warrant of Attorney, the original or a copy of which is attached to the Complaint filed in this action, we appear for the Defendant, Dawn M. Shughart, and confess judgment in favor of the Plaintiff and against Defendant, Dawn A Shughart, in the amount of: Principal: $ 60,418.92 Attorney Fees $ 5.000.00 $ 65,418.92 Plus continuing prejudgment interest of 6.0% per annum from June 20, 2008; continuing post judgment interest of 11.0% per annum; continuing costs, continuing late charges and continuing attorney fees. Date: June 27, 2008 PA Attorney Identification No. 87365 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Defendants r f Marc W. Witzig, Esquire PA Attorney Identification No.29929 Kelly M. Knight, Esquire PA Attorney Identification No. 87365 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Mailing Address: P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Attorneys for Plaintiff MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. LC V. DAWN SHUGHART REALTY, LLC,; DAWN M. SHUGHART Defendants COMPLAINT FOR CONFESSION OF JUDGMENT NOW COMES, the Plaintiff, Mid Penn Bank, by and through its counsel, Cunningham & Chernicoff, P.C., and files its Complaint for Confession of Judgment, and in support thereof r . I 1 avers as follows: PARTIES AND JURISDICTION Plaintiff, Mid Penn Bank (the "Plaintiff' or "Bank"), is a Pennsylvania banking institution with a place of business located at Market Square Plaza, 17 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17101. 2. Defendant, Dawn Shughart Realty, LLC ("Shughart Realty'), is a Pennsylvania Limited Liability Company with a last known business address of 950 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Dawn M. Shughart ("Ms. Shughart") is an adult individual with a last known address of 713 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. Jurisdiction and venue are proper in this county. COUNTI Plaintiff. Mid Penn Bank v. Defendant. Dawn Shughart Realty. LLC 5. The Bank incorporates Paragraphs 1 through 4 as if more fully set forth herein. 6. On or about December 19, 2006, Shughart Realty executed its certain Promissory Note (the "Promissory Note" or the "Note") for the principal sum of $60,000.00, together with a variable interest rate at an initial rate of 9.25% per annum. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 7. According to the Promissory Note, Shughart Realty was to repay the loan in full immediately upon the Bank's demand. In addition, Shughart Realty was to pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning January 20, 2007, with all subsequent interest payments to be due on the same day of each month after that. 8. The interest rate applicable to the Note is a variable interest rate. 9. As set forth in the Promissory Note, if any payment is fifteen (15) days or more late, then Shughart Realty is charged 10% of the regularly scheduled payment or $25.00, whichever is greater. 10. As set forth in the Promissory Note, any failure by Shughart Realty to make any payment when due under the Note constitutes a default under the Note. 11. Upon a default under the Note, the interest rate on the Note shall be increased by adding a 5.00 percentage margin. 12. The Promissory Note states that the Bank may, after giving notice, declare the entire unpaid principal balance and all accrued unpaid interest to be immediately due. 13. The Bank is permitted, under the Promissory Note, to hire or pay someone else to help collect under the Promissory Note if Shughart Realty defaults in payment, and Shughart Realty agrees to pay the Bank the costs of such. Such amount is to include attorneys fees and legal expenses. 14. The Promissory Note states that if Judgment is entered against Shughart Realty in connection with the Promissory Note, interest will continue to accrue after the date of judgment at the rate in effect at the time such judgment is entered. 15. Shughart Realty is in default under the Promissory Note because it has failed to make full timely payments to the Bank as set forth in the Promissory Note. 16. The sum due and owing under the Promissory Note is $60,418.92 plus continuing pre judgment interest at a rate of 6.0% per annum from June 20, 2008; continuing post-Judgment interest at a rate of 11.0% per annum; continuing costs; continuing late charges and continuing attorneys fees. 17. The Promissory Note authorizes the Bank to confess judgment against the Shughart Realty after default under the Note. 18. Judgment on the Promissory Note has not been entered in any jurisdiction. 19. The Promissory Note has not been assigned. 20. Judgment is not being entered by a confession against a natural person in connection with a consumer credit transaction. 21. The failure of Shughart Realty to pay the Promissory Note and continuing default thereunder provide Plaintiff with the authority to file this Complaint. 22. All conditions precedent to the Bank's recovery hereunder and/or entry of judgment by confession, in favor of Plaintiff, have been satisfied and/or waived. 23. On December 19, 2008, Dawn M. Shughart, as Member of Dawn Shughart Realty, LLC, executed that certain Disclosure for Confession of Judgment (the "Disclosure"), containing Shughart Realty's express acknowledgment that the provision within the Note providing for confession of judgment specifically was brought to the attention of Shughart Realty; and that Shughart Realty knowingly, intelligently, and voluntarily signed the Note containing the confession of judgment provision and made the other waiver of rights contained in the Note. A true and correct copy of the Disclosure is attached hereto as Exhibit "B" and is incorporated herein by reference. r ? WHEREFORE, Plaintiff Mid Penn Bank hereby respectfully requests that this Honorable Court enter Judgment by Confession against the Defendant, Dawn Shughart Realty, LLC, in the amount of Principal: $ 60,418.92 Attorney Fees $ 5.000.00 $ 65,418.92 Plus continuing pre judgment interest of 6.0% per annum from June 20, 2008; continuing post judgment interest of 11.0% per annum; continuing costs, continuing late charges and continuing attorney fees. COUNT II Plaintiff, Mid Penn Bank v. Defendant Dawn M. Shughart 24. The Bank incorporates Paragraphs 1 through 23 as if more fully set forth herein. 25. On or about December 19, 2006, Defendant, Ms. Shughart, executed and delivered her certain Commercial Guaranty (the "Commercial Guaranty") by which she absolutely and unconditionally guaranteed full and punctual payment and satisfaction of the indebtedness owed to the Bank by Shughart Realty under the Promissory Note. A true and correct copy of the Commercial Guaranty signed by Dawn M. Shughart is attached hereto as Exhibit "C" and is incorporated herein by reference. 26. As set forth in the Commercial Guaranty, Ms. Shughart absolutely and unconditionally guaranteed full and punctual payment and satisfaction of the indebtedness of Shughart Realty to the Bank, and the performance and discharge of all of Shughart Realty's obligations under the Promissory Note and related documents. 27. As set forth in the Commercial Guaranty, Ms. Shughart promised to make due under the Note to the Plaintiff, or its order, on demand, in legal tender of the United States of America, in same-day funds, without setoffs or deduction or counterclaim, and promised otherwise to perform Shughart Realty's obligations under the Promissory Note and any related documents. 28. As set forth in the Commercial Guaranty, Ms. Shughart agreed to pay all outstanding principal, all accrued but unpaid interest thereon, and all collection costs and legal expenses related thereto, attorneys fees, arising for any and all debts, liabilities and obligations that Shughart Realty owes or will owe Plaintiff under the Promissory Note and any other related documents. 29. Following default of Shughart Realty under the Note, the Bank made demand upon Ms. Shughart that she pay in full the indebtedness owed by Shughart Realty to the Bank under the Note. Ms. Shughart has refused to pay such sum to Plaintiff. Said refusal and failure are continuing and are without excuse. 30. The Commercial Guaranty authorizes the Plaintiff to confess judgment against Ms. Shughart for the entire principal balance of and owed under the Commercial Guaranty as well as all accrued interest, late charges, costs of suit, and attorneys' fees. 31. The Commercial Guaranty authorizes the Bank to obtain judgment by confession against Ms. Shughart after a default under the Commercial Guaranty. Ms. Shughart properly executed and delivered her certain Disclosure of Confession of Judgment, dated December 19, 2006, containing her express acknowledgment that the provision within the Note providing for confession of judgment specifically 'r 'r was brought to her attention; and that she knowingly, intelligently, and voluntarily signed the Commercial Guaranty containing the confession of judgment provision and made the other waiver of rights contained in the Commercial Guaranty. A true and correct copy of Ms. Shughart's Disclosure of Confession of Judgment, is attached hereto as Exhibit "D" and is incorporated herein by reference. 32. Judgment on the Commercial Guaranty against Ms. Shughart has not been entered in any jurisdiction. 33. The Commercial Guaranty has not been assigned. 34. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 35. Ms. Shughart's failure to cure Shughart Realty's default under the Promissory Note, and Ms. Shughart's continuing default under the Commercial Guaranty, provide Plaintiff with the authority to file this Complaint pursuant to the Commercial Guaranty. 36. All conditions precedent to the Plaintiffs recovery hereunder and entry of Judgment by Confession, in favor of the Bank, have been satisfied and/or waived. WHEREFORE, Plaintiff, Mid Penn Bank hereby respectfully requests that this Honorable Court enter Judgment by Confession against the Defendant, Dawn M. Shughart in the amount of Principal: $ 60,418.92 Attorney Fees $ 5.000.00 $ 65,418.92 k l ? Plus continuing pre judgment interest of 6.0% per annum from June 20, 2008; continuing post judgment interest of 11.0% per annum; continuing costs, continuing late charges and continuing attorney fees. Respectfully Date: June 27, 2008 2elly "Atto#i ?fication No. 29929 M. i , Esquire e PA Attorney Identification No. 87365 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff VERIFICATION I, Gregory C. Scheer, Collection Manager of Mid Penn Bank, verify that the statements made in the foregoing COMPLAINT FOR CONFESSION OF JUDGMENT are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. MID PENN BANK ?' , ej Date: ta? a.?l 10% By: G gory . cheer Collection Manager EXHIBIT `A' PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applk:e 11, of this document to any particular loan or Item. Any item above containing "-" has been omitted due to text lenrttin Iimftatbns. Borrower: Dawn Shughert Really LLC (TIN: M1055802) Lender: Mid Penn Bank __ _..__.__.__.---S60aAlainud-BoRoad,?Ik1S------ -------- --------____.-----------------Allsatowr?BotrlNau?d------------- -------- --___._ _ -Carilale,PA-17tf1$ Harrisburg, PA 17112 Principal Amount: $60,000.00 Initial Rate: 9.250% Date of Note: December 19, 2006 PROMISE TO PAY. Dawn Shughot Realty LLC ("Borrower') promises to pay to Mid Penn Bank ('Lender"), or order, In lawful money of the Unread States of America, on demand, the principal amount of Sbcty Thousand A 001100 Dollars ($KODOAO) or so much as may be outstendi ft together with h tersat on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the data of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning January 20, 21107, with all subsequent Interest payment to be due on the sane day of each month after that. Unless otherwise agreed or required by applicable low, payments will be applied flat to any accrued unpaid Interest; then to principal; then to any unpaid collection cab; and than to any lab charges. The annual Into set rate for this Note is computed on a 3Q6/50t1 basis; that Is, by applying the ratio of the annual Interest rats over a year of 300 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 above or at such other piece as Lender may designate In writing. VARIABLE INTEREST RATE The interest rate on this Note is subject to change from time to time based on changes In an independent Index which Is the Prime Rate as quoted in the Wall Street Journal (the 'Index"). The Index Is not necessarily the lowest rate charged by Lender on Its loans. it 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. The Interest rate change will not occur more often than each month, on the first business day of the month. Borrower understands that Lender may make bans based on other rates as well. The Index currently In 8.250% per annum. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 1.000 percentage point over the Index, resulting In an initial rate of 9.250% per annum. NOTICE Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all ban fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by gender In writing, relieve Borrower of Borrowers obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees rot 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 Lenders rights under this Note, 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 00 the payment conetitules 'payment In fulr 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. Mid Penn Bank, Allentown Boulevard, 5500 Allentown Boulevard, Harrisburg, PA 17112. 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 $25A% whichever is greater. If Lender demands payment of this loan, and Borrower does not pay the ban In full within 15 days after Lender's demand, Bonower also will be charged aather 10.000% of the sum of the unpaid principal plus accrued unpaid interest or $25.00, whichever is grater. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 5.000 percentage point margin ('Default Rate Margin'). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment Is entered In connection with this Note, Interest will continue to accrue after the date of judgment at the rate In effect at the time judgment is entered. However, In no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default') under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defoults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained In this Note or In any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower. Falss Statsrrmnts. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or fumished or becomes false or misleading at any time thereafter. need or Insolvency. The dissolution of Borrower (regardless of whether election to continue Is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any.. ember, the Insolvency of Borrower, the appointment of a receiver for any part of Borrowers property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower. Credltor or Forfeiture Proceedings. Commencement of foreclosure or forfelture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the ban. This Includes a garnishment of any of Borrowers accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply If there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lander monies or a surety frond for the creditor or forfelture proceeding, in an amount determined by Lender, In Its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes Incompetent or revolves or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs In Borrowers financial condition, or Lender believes the prospect of payment or performance of this Nate is Impaired. Insecurity. Lender in good faith believes itself insecure. L PROMISSORY NOTE Loan No: 500038278 (Continued) Page 2 LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest Immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note If Borrower does not pay. Borrower will pay Lender that amount This inckxies, 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 apps lfM-PmhibW.-blra0ltxi4GskwSw w -aiwwNfpyeny-coun-.costir,-in-addition.to-aN:Wher sums-prorideedby law..- JURY WAIVER. Lander and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower Monet the other. GOVERNING LAW. This Note will be governed by federal law appllaable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of PennW~la without regard to its conflicts of low provisions. This Note has been aor:epted by Lender In the Conxmonwselth 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 Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff In all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. COLLATERAL Borrower acknowledges this Note Is secured by the following collateral described in the security Instruments listed herein: (A) an Open-End Mortgage dated December 19, 2006, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender of real property located in Cumberland County, Commonwealth of Pennsylvania. (C) Inventory, chattel paper, accounts, equipment and general intangibles described in a Commercial Security Agreement dated December 19, 2006. UNE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested orally by Borrower or as provided In this paragraph. AN oral requests shall be confirmed in writing on the day of the request. AN communications, insf wilons, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following person currently is audxxtzed to request advances and authorize payments under the line of credit until Lender receives from Borrower, at Lender's address shown above, written notice of revocation of his or her authority: Down M. Shughsrt, Member of Down Shughart Reelty LLC. Borrower agrees to be liable for all sums either: (A) advanced In accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's Internal records, Including daily computer print-outs. DEMAND LOAN MATURITY AND ANNUAL REVIEW. This loan1loan renewal Is written on demand with no specific maturity date. This loan Is subject to an annual review by Lender of financial information and ban performance. The first annual review Is scheduled for May 1, 2007. To facilitate the annual review process, Lender may use a maturity date on Its computer system or systems which may appear on billing statements or other mailings and notices to Borrower. The presence of a maturity date on billing statements or other mailings and notices shall not be considered a waiver of Lenders right to demand full repayment of the loan at any time. . ANNUAL PROCESSING FEE. Lerxfer shall assess a processing fee for this revolving line of credit. The assessment of this processing fee does not necessarily mean that the line of credit has been renewed . SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall Inure to the benefit of Lender and Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us If we report any Inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific Inaccuracy(ies) should be sent to us at the following address: Mid Penn Bank, Allentown Boulevard, 5500 Allentown Boulevard, Harrisburg, PA 17112. GENERAL PROVISIONS. This Note Is payable on demand. The Inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without being them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment demand for payment, 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 as maker, guarantor, accommodation maker or endorser, shall be released from liability. AN such parties agree that Lender may renew or extend (repeatedly and for any length of tine) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security Interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. AN such parties also agree that Lender may modify this ban without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Note are joint and several. 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 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 NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, 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 NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALLTIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. 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 ' PROMISSORY NOTE Loan No: 500038278 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS:TIOTE _1S_ _GIVEN:.UNDER_-SEAL_AND IT 1S-INTENDED THAT11"IS NOTE IS AND SHALL CONSTITUTE-AND HAVE THE _EFFECT_ OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: DAWN SHUGHART R LLC By: , (Seal) Dawn M. Shughart, Member of Dawn Shughart Realty LLC LASER PRO Lsn6q. Vw. 6.31.00.001 Copt. H-d" FWw" SOkO"- Inc. 1997 2006- AN R10MS RrarvW. - PA %CFALPtX0M.FC TR-4109 PR-SECIINE EXHIBIT `B' DISCLOSL..E FOR CONFESSION OF JL jGMENT I 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. I Any item above containing "***" has been omitted due to text length limitations. Declarant: Dawn Shughart Realty LLC (TIN: 20-1055602) Lender: Mid Penn Bank -950 Walnut BoMom Road, #iS _-_- --- - _ _ _ Allentown BoulevaaJ Carllsll ,-PA 17013 5500 Allentown Boulevard Harrisburg, PA 17112 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS , DAY OF Q" 20 ?L' PROMISSORY NOTE FOR $60,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT GA INST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: >?''':i''•I:>1<t;` B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE 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 DECLARANTS PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANN PM::::: D BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS::; :`:::°''''":ri:;<:>:s> C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANTS OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. --? 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANTS ATTENTION. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: DAWN SHUGHART REALTY LLC By {Seal) Dawn M. Shugha , ber of Dawn Shughart Realty LLC LASER PRO L".1 . Va. &91M"4 Copy. IW Wd FFrncW SoNAm. IM. 1991. 706. AN Rots P-.d. - PA PACFNJ-W 0.FC TR-4109 PR-SEC_UNE EXHIBIT'C' COMMERCIAL GUARANTY •`5...'.:.. , ???;S:i?sty. •. +.,a.k. • •a:: :. ?:4`.•..?;\i::Mt;i+.x: t>r Y t:.:t,??^ii?ku' :Inf.. ?. .M1. 5 ... .. f. .::'::l .. .... h.. ': ?: t: t!}J'•YMj;''+ .Y .fA?•.. ..5..?;.;:i':?•Aitlt-•'\.•;}?}!fi•!'E!'t}t?:: '.•.\ YL::;WYi.??Aj,YAit 'N ?•}.,?,?::.?.t...+, 't..?} ..::, : Yk.•.:;.. ..? .:t,? t...,; ., ., ,..?,:YY,? , ....;?.: 't:?, a. ttw.. ..f,!.:::o M..,.;r..;.,, w .., h..,...,... u? ... AJ.. .x.t, . 5:.: ....., \,} .. ?K ?;wa•::•:aa.::;i;in, t.:,}, ?, t:' :?•r.,Y:f,•..,:.LY.: a?i`•x.Y:•:• :ra!n,, .a,.S..Y........a. .. \ ... ! .?.. ?iY• •:: ::• .:?>. J "•? •• ...i+:?Y:::t::.?:..)t•:k••:5 •::'•?•?:;.?::• :!:,: ,?.?.•;+. :.. ;?:?io t:•::?:•;r'??::•w:':•xek::::+`.%t••i:a:{:4:?"ii:;:;? ..;i; .:.k. ,Y:r?:::.t,t.?:,Y: ::_ ._r?•J:. •..Y .:,,.. j.:i.,Y ..., ? ?..w: ?. ?, .: :... f..........A.... ?k.,.,,.k:?.,?at ....,......ct? .:.t t :,,•Y. 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. Anv item above containing " has been omitted-dus to Zext length limitations. Borrower: Dawn Shughat Realty LLC (TIN: 20-1065602) Lender: Mid Penn Bark ON Wakwt-BottonvRoad.1?-- --- ----- --- - --- Allentown-Boulriacd--- --550GAIIWdWftBWWjsrd Harrisburg, PA 17112 Guarantor: Down M. Shughert (SSN: 220-0241646) 14 Farm Lars CallsI% PA 17013 GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and purftW payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, In legal tender of the United States of America, In same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. INDEBTEDNESS. The word 'Indebtedness' as used In this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid Interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from any and all debts, liabilities and obligations that Borrower individually or collectively or interohangeaby with others, owes or will owe Leander under the Note and Related Documents and any renewals, extensions, modifications, refinancings, consolidations and substitutions of the Note and Related Documents. If Lender presently holds one or more guarantles, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specs icaly provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terns of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS GUARANTY ENCOMPASSES A LINE OF CREDIT AND GUARANTOR UNDERSTANDS AND AGREES THAT THIS GUARANTY SHALL BE OPEN AND CONTINUOUS UNTIL THE INDEBTEDNESS IS PAID IN FULL AND THE LENDER DECLARES THAT THE LINE OF CREDIT IS FULLY SATISFIED, PERFORMED AND TERMINATED. 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 the Indebtedness shall have been fully and flnaily pall and saddled and all of Guarantor's other obligations under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. This Guaranty covers a revolving line of credit and it Is spsdflcally antickWed that fluctuations will occur In fns aggregate amount of the Indebtedness. Guarantor Mmifloally, acknowledges and ogress that fluctuations In the amount of the Indebtedness, even to zero dollars ($ 0.00 shill not constitute a termination of this Guaranty. Guarantor's liability under this Guaranty shall terminate only upon (A) termination in writing by Borrower and Lender of the Bare of credit, (B) paymerd of the IrxW*Kbm n In full in legal tender, and (C) payment In full in legal tender of all of Guarantor's other obligations under this Guarardy. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guarardy, from time to time: (A) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including Increases and decreases of the rate of Interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any such security, with or without the subetRution of new collateral; (D) to release, substitute, 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) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, ihclu dkV without limitation, any nonMk al sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in Its discretion may determine; (G) to sell, transfer, assign or grant pardclpatkxms in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty Is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter Into Oft Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result In a violation of any law, regulation, cart decree or order applicable to Guarantor, (E) Guarantor has not and will not, without the prior written consent of tender, ad, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantors assets, or any interest therein; (F) upon Lannder's request, Guarantor will provide to Lender financial and credit Information In form acceptable to Lender, and all such financial information which currently has been, and all future financial Information which will be provided to Lander is and will be true and correct in all material respects and fait' present Guarantor's financial condition as of the dates the financial information Is provided; (G) no material adverse change has occurred In Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantors &mancial condition; (H) no litigation, claim, Investigation, administrative proceeding or similar action (kx*x*lg those for unpaid taxes) against Guarantor is pending or threatened; (I) Leander has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has vetablished adequate means of obtaining from Borrower on a continuing basis Information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might In any way affect Guarantors risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender In the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statemernte. As soon as available, but In no event later than one-hundred-twenty (120) days after the and of each fiscal year, Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor. Tax Returns. As soon as available, but in no event later than thirty (30) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by Guarantor. COMMERCIAL GUARANTY Loan No: 500038278 (Continued) Page AN financial reports required to be provided under this Guaranty shall be prepared In accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, r?hsc guarantor:fR ?dlh-t?Jcrd?tsdtte$s:aclo--corn -the-creation -eft--new-oradditkatalli5s io=resoatfor- payment or to proceed directly or at once against any person, Including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terns, time, and place of any pubic or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lenders power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or Impairment of collateral Including, but not limited to, any rights or defenses arising by reason of (A) any 'one action' or 'anti-deficiency' law or any other law which may prevent Lender from bringing any action, Including a claim for deficiency, against Guarantor, before or after Lenders commencement or completion of any foreclosure action, either judiclasy or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantors subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any bee of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disabHity or other defense of Borrower, of any other guarantor, or of any other person. or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full In legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified Impairment of any collateral for the Indebtedness; (E) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor is commenced. there is outstanding Indebtedness which Is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment Is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrowers trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shah be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of Its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to pubic policy or law. If any such waiver Is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or pubic polity. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantors accounts with Lender (whether checking, savings, or some other accent). This Includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open In the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applic" law, to hold these funds if there Is a defau k, and Lender may apply the funds in these accounts to pay what Guarantor ogres under the terns of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of Insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower, provided however, that such assignment shah be effective only for the purpose of assuring to Lender full payment In legal tender of the Indebtedness. ff Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shah be marked with a legend that the same are sublnject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender Is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce Its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fese; Expermw Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lenders legal expenses, Incurred In connection with the enforcement of this Guaranty. tender may hire or pay someone else to help enforce this Guaranty. and Guarantor alhah pay the costs and expenses of such aftcement Casts and expenses Include Lenders attorneys' fees and legal expenses whether or not two Is a lawsuit, Including attorneys' feas and legal expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Hes Ibms. Caption headings in this Guaranty are for convenience purposes only and are not to be used to Interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal taw applicable to Lender and, to the extant not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Ida conflicts of law provisions. This Guaranty hoe been accepted by Lender In the Commonwealth of Pennsylvania. Choke of Venue. If there is a lawsuit, Guarantor agrees upon Lenders request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. 1149981 10n. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantors attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's Intentions and parol evidence Is not required to interpret the terms of this Guaranty. Guarantor hereby Indeamifies and holds Lender harmless from all bases, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used In this Guaranty in the singular shall be r ", • COMMERCIAL GUARANTY Loan No: 500038278 (Continued) Page 3 deemed to have been used In the plural where the context and construction so require; and where there is more than one Borrower named In this Guaranty or when this Guaranty Is executed by more than one Guarantor, the words 'Borrower' and 'Guarantor' respectively shall mean all and any one or more of them. The words 'Guarantor,0 "Borrower; and 'Lender Include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even If a provision of this Guaranty - ------ may..be fmxKLto_-be-invalid zr-unenbnmable.--If_artyone oc_mom-d. B wower-m-ru amntD re-catkxrs,par>namhiM-1lllitact 1frj tX-- db7h?iitieB,- bf sAlt r ?nlili , n- -rorrwcassaryfax Lander tc Inquire- Into-1he.powers af- Borrowaf-or-Guamntor-or-at the- officers;- directors; partners, managers, or other 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. Notlaa. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimib (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. Any party may change Its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender Informed at all tines of Guarantor's current address. Unless otherwise provided by applicable law, If there is more than one Guarantor, any notice given by Lender to any Guarantor Is deemed to be notice given to all Guarantors. No Waher by Lander. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given In writing and signed by tender. No delay or omission on the part of Lender In exercising any right shad operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's might otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent Instances where such consent is required and in all cases such consent may be granted or withheld In the sob discretion of Lender. Successors and Aaigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and Its successors and assigns. Waive Jury. Lander and Guarantor hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by althsr Lender or Borrower against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all reference to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used In the singular shad Include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shad have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. The word 'Borrower' means Dawn Shughad Realty LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. GAAP. The word 'GAAP' means generally accepted accounting principles. GuwwtW. The word 'Guarantor' means everyone signing this Guaranty, including without limitation Dawn M. Shughart, and in each case, any signer's successors and assigns. Guaranty. The word "Guaranty' means this guaranty from Guarantor to Lender. Indebtedness. The word 'Indebtedness' means Borrowers indebtedness to lender as more particularly described In this Guaranty. Lander. The word 'Lender' means Mid Penn Bank its successors and assigns. Note. a word 'Note'.'rA 60"J rnissory note December 19, 2006, in the original principal amount of $90,000.00 from Borrower to Lender, er with a- I - IelMH4:lIMdtensions of, idcations of, refinancings of, consolidations of, and substitutions for the promissory note or ag L X04 VOL& A DocunlfiAW--m v RIORN Docu ants' mean all promissory notes, credit agreements, loan agreements, environmental Its, rwaAtiedt Oy"a11- Dell IMAQW00lmmal , deeds of trust, security deeds, collateral mortgages, and all other instruments, dw"WWMrr?e??wrrmererrrr?e?r4lar ! existina. executed In connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($6W) 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 TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL ? R Loan No: 500038278 COMMERCIAL GUARANTY (Continued) Page 4 EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY'. NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY ?_=9SIA1Yi>! f0A RDtM,:21111>._ --- THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: :: :.: . ...... . ::.. .:.; . . .;. . . . ..:. , . SeaQ X. . .... ; .;. . wn ughart INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF On this, the I day of 20, before me /f ?• the undersigned Notary Publik , personally appeared Dawn M. Shughert, known W me (orAsaUs adDriy proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness wheroof, l herounto ad my hand and official seal. Notary Public In and for the State of _ Lmm PRO Laid% VM. 6JIAOm Cap. NNnO PMrW ?MNpIR, ML Im. na m WN RNMwl. - M NCPRUL167 X TPA"$ P"IC-LM NowAlIL iK 1 I`A M Noktry IIblb ?y I" V= QOIMIY Ml Y C01111 11111111111M Oplim Nov 111, 2107 I EXHIBIT `D' DISCLOSL. E FOR CONFESSION OF JLjGMENT 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: Dawn Shughart Realty LLC (TIN: 20.1055602) Lender: Mid Penn Bank 950-Walnut Bottom Road, 418 - - - - -Allentown_Boulevard Carlisle, PA 17013 5500 Allentown Boulevard Harrisburg, PA 17112 Declarant: Dawn M. Shughart (SSN: 220.02-3646) 14 Farm Lane Carlisle, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF 20 A GUARANTY OF A PROMISSORY NOTE FOR $60,000.0 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 ENTERING J MENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: MORE 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, 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 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 TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: (,;?_ C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. Dt'-) 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED 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 IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X a :::?? , - (Seal) Dawn M. Shughart LASER PRO WOM Vm. 6.91.00.04 CW. IU11ud ft m W Sdu"Oft, 1- 1997.1006. M Rp"b R-"0. . PA P1CFNPLMMFC TR4199 PR-SECIME MID PENN BANK, Plaintiff V. DAWN SHUGART REALTY, LLC; DAWN M. SHUGART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. AFFIDAVIT OF LAST KNOWN ADDRESS I, Marc W. Witzig, Esquire, of Cunningham & Chernicoff, P.C. and Attorney for Mid Penn Bank, hereby certify that the last known address of the Defendant, Dawn Shugart Realty, LLC, is 1156 Walnut Bottom Road, Suite 2, Carlisle, Cumberland County, Pennsylvania 17015. CUNNINGHAM & CHERNICOFF, P.C. Date: Z Zvos By: arc W. Witzig, Esquir Attorneys for Mid Penn Bank t COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN On this, the day of Jon( , 2008, before me, a Notary Public, the undersigned officer, personally appeared Marc W. Witzig, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set y hand and official seal. Notary Pub NOWAK NM 111M A IN NON Cft OIAN1r11 cowl M? C40MMO I NOU Aw 14.$8111 wwmwmwn? .....?,.._?_..,..,....,...e......?.?,.,?,,..... ? ? ?i®A? A r? ?NiNA MI?IrM yy1N1041A111i?0 ?? N f t4? ,?? ? no?M?wr? ?M 1 • MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. V. DAWN SHUGHART REALTY, LLC,; DAWN M. SHUGHART Defendants AFFIDAVIT OF KELLY M. KNIGHT, ESQUIRE I, Kelly M. Knight, Esquire, attorney for Plaintiff, Mid Penn Bank, swear and aver as follows: 1. That the Judgment against Defendant, Shughart Realty, LLC, is not being entered by confession against a natural person in connection with a consumer credit transaction. Date: June 27, 2008 (717) 238-6570 t COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. On this, the °17 day of`?tt? , 2008, before me, a Notary Public, the undersigned officer, personally appeared Kelly M. Knight, Esquire, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 4 t + MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. V. DAWN SHUGHART REALTY, LLC,; DAWN M. SHUGHART Defendants AFFIDAVIT OF KELLY M. KNIGHT, ESQUIRE I, Kelly M. Knight, Esquire, attorney for Plaintiff, Mid Penn Bank, swear and aver as follows: 1. That the Judgment against Defendant, Dawn M. Shughart, is not being entered by confession against a natural person in connection with a consumer credit transaction. Respectfully P.C. Date: June 27, 2008 PIttorney 6ntificj06n No. 87365 23 0 North and eet Harrisburg, PA 17110 (717) 238-6570 j c COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. On this, the a'" day otLu, , 2008, before me, a Notary Public, the undersigned officer, personally appeared Kelly M. Knight, Esquire, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereuntoAgt my hand and official seal. Public CgMMplyyyEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIEANNi AMETRANO, N,)tary Public City of Harrisburg, Daiipnin County [MY Commission Expires i ?#c,. 22, 2011 4 t 7 MID PENN BANK, Plaintiff V. DAWN SHUGHART REALTY, LLC,; DAWN M. SHUGHART Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CERTIFICATE OF RESIDENCE The address of the Plaintiff, Mid Penn Bank, is Market Square Plaza, 17 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17101. The address of Defendant, Dawn Shughart Realty, LLC, is 950 Walnut Bottom Road, Respectfully tted, ,P Carlisle, PA 17013. Date: June 27, 2008 By: PA Attmey Ice tificayon No. 29929 Kelly . Knight, sgilire PA Attorney Identification No. 87365 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff 4 ti 4w MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. V. DAWN SHUGHART REALTY, LLC,; DAWN M. SHUGHART Defendants CERTIFICATE OF RESIDENCE The address of the Plaintiff, Mid Penn Bank, is Market Square Plaza, 17 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17101. The address of Defendant, Dawn M. Shughart, is 713 Colonial Court, Mechanicsburg, PA 17050. Respectfully , P.C. Date: June 27, 2008 By: PA Attoey Identlfi tion o. 29929 kelly MI Knight, Esq 're PA Attorney Identification No. 87365 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff -r, ? t % Defendants NOTICE OF ENTRY OF JUDGMENT MID PENN BANK, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-.388.5 6DAWN SHUGHART REALTY, LLC,; DAWN M. SHUGHART TO: Dawn Shugart Realty, LLC 950 Walnut Bottom Road Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED THAT ON JUA3F- 30 2008 THE FOLLOWING JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE- CAPTIONED CASE IN THE FOLLOWING AMOUNT: Principal: $ 60,418.92 Attorney Fees $ 5.000.00 $ 65,418.92 PLUS CONTINUING PRE-JUDGMENT INTEREST OF 6.0% PER ANNUM FROM JUNE 20, 2008; CONTINUING POST-JUDGMENT INTEREST OF 11.0% PER ANNUM; CONTINUING COSTS, CONTINUING LATE CHARGES AND CONTINUING ATTORNEY FEES. A iothonotary I HEREBY CERTIFY THAT THE NAME AND ADDRESS OF THE PROPER PERSON TO RECEIVE THIS NOTICE UNDER PA. R.C.P. §236 IS: Dawn Shugart Realty, LLC 950 Walnut Bottom Road Carlisle, PA 17013 A Por este medio se le esta notificando que el de del 2008, el/la siguiente Fallo he sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Dawn Shugart Realty, LLC 950 Walnut Bottom Road Carlisle, PA 17013 MID PENN BANK, Plaintiff V. DAWN SHUGHART REALTY, LLC„ DAWN M. SHUGHART Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. ?8 .39g ? ?t c?? C . l NOTICE OF ENTRY OF JUDGMENT TO: Ms. Dawn M. Shugart 713 Colonial Court Mechanicsburg, PA 17050 YOU ARE HEREBY NOTIFIED THAT ON j . W ??? FOLLOWING JUDGMENT HAS BEEN ENTERED AGAINST YOU ` IN THE ABOVE- THE CAPTIONED CASE IN THE FOLLOWING AMOUNT: Principal: $ 60,418.92 Attorney Fees 50 0.00 $ 65,418.92 PLUS CONTINUING PRE-JUDGMENT INTEREST OF 6.0% PER ANNUM FROM JUNE 20, 2008; CONTINUING POST-JUDGMENT INTEREST OF 11.0% PER ANNUM; CONTINUING COSTS, CONTINUING LATE CHARGES AND CONTINUING ATTORNEY FEES. Pro onotary I HEREBY CERTIFY THAT THE NAME AND ADDRESS OF THE PROPER PERSON TO RECEIVE THIS NOTICE UNDER PA. R.C.P. §236 IS: Ms. Dawn M. Shugart 713 Colonial Court Mechanicsburg, PA 17050 Por este medio se le esta notificando que el de del 2008, el/la siguiente Fallo he sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a Begun indicada en el certificado de residencia: Ms. Dawn M. Shugart 713 Colonial Court Mechanicsburg, PA 17050 F"HOM \KKNIGHTWOCS\MidPenn\S6ugart\COmplaint.wpd MID PENN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 08-3885 Civil Term V. DAWN SHUGHART REALTY, LLC; DAWN M. SHUGHART, Defendants AFFIDAVIT OF SERVICE OF ORIGINAL PROCESS I, Daniel A. Mooney, hereby affirm the following: 1. I am an adult over the age of eighteen (18), and I am not a party to this action. 2. On July 3, 2008, at approximately 10:30 a.m., I served the COMPLAINT FOR CONFESSION OF JUDGMENT AND NOTICE UNDER RULE 2958.1 OF JUDGMENT IN EXECUTION THEREON AND NOTICE OF DEFENDANT'S RIGHTS TO DAWN SHUGHART by handing a copy of the same to Tony Sao, an adult individual over the age of 18, who was the person for the time being in charge at Defendant's usual place of business, located at the Holiday Inn West, 5401 Carlisle Pike, Mechanicsburg, PA 17050. Daniel A. Mooney Sworn to before me *is _-?5day of 1 t d y , 2008 otary PublicCOMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 ' L MID PENN BANK, Plaintiff V. DAWN SHUGHART REALTY, LLC; DAWN M. SHUGHART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3885 Civil Term AFFIDAVIT OF SERVICE OF ORIGINAL PROCESS I, Julieanne Ametrano, hereby affirm the following: 1. I am an adult over the age of eighteen (18), and I am not a party to this action. 2. On July 3, 2008, I served the COMPLAINT FOR CONFESSION OF JUDGMENT AND NOTICE UNDER RULE 2958.1 OF JUDGMENT IN EXECUTION THEREON AND NOTICE OF DEFENDANT'S RIGHTS TO DAWN SHUGHART REALTY LLC, by mailing a certified copy, return receipt requested to the address listed below: Dawn Shughart Realty LLC 950 Walnut Bottom Road Carlisle, PA 17013 r?l?e?JG??c7??z,ca as evidenced by Exhibit "A" attached. Sworn to before me this 9 th day of J, 2008 -?kN a Notary P lic F:\Home1KKNIGHT\DOCS\MidPenn\Shughart\AFFSR VC I .wpd eanne Ametrano Novak am ?NCtt A ?OIIN? rwm O CCU OAM?m Cn"I ?II/Ar? Atip 11. ?!f t vomp VOW* X f 1M . t IVA ?. ExwBIT `A' ¦ Compbte fbpms 1. 2. and & AWo wmpbte tom 4 N Rssbided DWvaty b dedred. ¦ Prktt your name and address on thp reverse so fist vm oen rofitrn the card to you. ¦ Attoh ttfe cwd to the back of the mdow% or on the front H speos pwffft 1. ArUds Addromed to: Cep Opt 17U?.3 Ag" IL by (Pt* Mrrry C. Oft or owwwy Tf. r,.?n e+ 1a fr N. 7 • is m b d*my Ilddre t d m Imm Morn 1? ? Ybr N YES, w om dsnwey addr 1 blow: O No ffi Type MtwWad Md O MpM Men O Rrpls- ,.. f R;kturn PODS" for Moro wafts o koxw mme © c.oA. 4. Ro Old-d t]*ao ob*o Fio O YM 2 ArtlobNunbr, 7007 3020 0002,#, 377 6X7* OYarr?r fYdrn s.+v+c. A.b.D I: n Fomt 3811. Foftwy 2w4 Dorrwon t ftffl ft 102595-024A-I O M1 O f F r? f? m . CO CertMed Fes 4114M ---' Fee C3 0 °°W°ry' d r M (Endoraern irq R .aw e N 0 Total Paste & Fees r % mm T V r - p ( u 1'? I,- 1py or po su c. ? ? n m _ N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MID PENN BANK, Plaintiff V. DAWN SHUGHART REALTY, LLC; DAWN M. SHUGHART, Defendant NO. 08-3885 - Civil Term n ' rv d tO n -13M Ic c, TT ni ?p nc c? a -c PARTIAL RELEASE OF JUDGMENT LIEN KNOW ALL YE BY THESE PRESENTS that Mid Penn Bank, a Pennsylvania banking institution, (the "Bank") hereby declares as follows: BACKGROUND A. On or about June 30, 2008, judgment was entered in the amount of $65,418.92 in favor of the Bank and against Dawn M. Shughart, in the Court of Common Pleas of Cumberland County, and docketed to Civil Term No. 2008-3885. B. The above-referenced judgment is hereinafter referred to as the "Judgment". C. Dawn M. Shughart owned that certain improved lot of land located at and known as 2560 Walnut Bottom Road, Penn Township, Cumberland County, Pennsylvania (the "Property"). The Property has been assigned to Cumberland County Tax Parcel No. 31-11-0296-020. D. The Judgment presently operates as a lien on the said Property. E. The Bank is willing to release the Property from the lien of the Judgment as stated herein. RELEASE NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, Mid Penn Bank, for itself, its successors and assigns, does hereby release the lien of the Judgment only on the said Property, in order that the present titleholder and/or any and all future titleholders, and their respective heirs, executors, administrators, successors, assigns, and grantees shall and hereafter may hold, own, and possess the said Property free and clear from the Judgment; provided, I le. Ctg-- /--/7 oU S ,eM 3 ?5_a6 however, that nothing herein contained shall invalidate the lien or security of the Judgment upon any other real estate in Cumberland County, Pennsylvania, or elsewhere. IN WITNESS WHEREOF, the Bank has executed this Partial Release of Judgment Lien this, ;-// day of Feb-?c?y 92010. WITNESS: MID PENN BANK, a Pennsylvania banking institution ;/G 2 By. C - s S?'? Name: o e, SC j EMR Title: CO LJ- ECTI ©N M AN RGA COMMONWEALTH OF PENNSYLVANIA COUNTY OF -D 4u 1014 10 SS. On this, 21,x y day of / - ? , 2010, before me, a Notary Public, the undersigned officer, personally appeared C. JV¢ev- , who acknowledged himself/herself to be the /e? cz,ca of Mid Penn Bank, a Pennsylvania banking institution, and that he/she, as suc e?,//ee4;x' /?reKace ? , being authorized to do so, executed and acknowledged the foregoing instrument for t e u?rpose therein contained by signing the name of Mid Penn Bank by himself/herself as e IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public ?6MMBAiVVFAI I OF PMSYLVANU NOTARIAL SEAL Scott D. Washinger, Notary Public Steelton Borough, Dauphin County M commission expires July_ 14, 2012 2