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HomeMy WebLinkAbout08-5834• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff --j- vs. No. C) 8 `" ?' Y 3 y C'-wl JESSE S. MCKEEHAN d/b/a : MCKEEHAN INSURANCE Defendant Confession of Judgment CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrants of Attorney, copies of which are attached hereto, I appear for the above Defendant Jesse S. McKeehan d/b/a McKeehan Insurance and confess judgment in favor of the Plaintiff, Sovereign Bank, and against the Defendant Jesse S. McKeehan d/b/a McKeehan Insurance in the amount of $47,659.62 plus per diem interest of $8.26379 from September 18, 2008 until paid in full, including post judgment per contract, plus costs of suit as follows, itemized below: Unpaid Principal Amount $ 39,666.19 Interest to September 17, 2008 $ 1,609.27 Late Fees $ 2,256.61 Contractual Attorney Fees 10% $ 4,127.55 TOTAL $ 47,659.62 Per Diem Interest from September 18, 2008 until paid in full including post judgment per contract, plus costs of suit $ 8.26379 Judgment entered as above. Dated: September 17, 2008 By: ?odman, Esquire for Defendants 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6313 I.D. No. 62689 } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff VS. No. D 8 - 5 3 Ll JESSE S. MCKEEHAN d/b/a MCKEEHAN INSURANCE Defendant Confession of Judgment COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Sovereign Bank, confesses judgment against Defendant Jesse S. McKeehan d/b/a McKeehan Insurance in the amount of $47,659.62 plus per diem interest of $8.26379 from September 18, 2008 until paid in full, including post judgment per contract, plus costs of suit as provided for in that certain note, and in support thereof avers as follows: 1. The Plaintiff is Sovereign Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania with offices for the purpose of doing business at Two Aldwyn Center, East Lancaster Avenue and Aldwyn Lane, Villanova PA 19085-1420. 2. The Defendant is Jesse S. McKeehan d/b/a McKeehan Insurance, a Pennsylvania sole proprietorship whose address is 530 Bosler Drive, Carlisle PA 17013 ("McKeehan"). 3. On or about September 27, 2000, McKeehan executed and delivered to Sovereign Bank a Promissory Note in the principal amount of $50,000.00 and an accompanying Disclosure for Confession of Judgment as modified by that certain Modification Agreement dated December 7, 2005 (collectively, the "Note"). A true and correct of copy of the Note is attached hereto, incorporated herein and marked as Exhibit "A» 4. Sovereign Bank is the holder of the Note. 5. The Note authorizes confessions of judgment. 6. The Note has not been assigned. 7. The judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951(a)(2). 8. Judgment has not been entered on the attached Note in any jurisdiction. 9. The Note is less than twenty years old and no application for a court order granting leave to enter judgment after notice is required. 10. The Note provides for confession of judgment against Defendant McKeehan after default under the Note. 11. Defendant McKeehan is in default under the terms of the Note for among other things, failure to make payments when due and failure to pay upon demand. 12. Sovereign Bank has exercised its right to confess judgment pursuant to the terms of the Note for an amount which Defendant McKeehan may become liable. 13. On or about July 31, 2008, Sovereign Bank delivered, via first class mail and certified mail, return receipt requested, a written notice of default and demand for payment to Defendant McKeehan demanding that all outstanding principal amounts, plus accrued interest and late fees due under the Note be paid in full and Defendant McKeehan failed to do so. A true and correct of copy of the Notice of Default is attached hereto, incorporated herein and marked as Exhibit "B". 14. As a consequence of Defendant McKeehan's failure to cure this default, Defendant McKeehan is liable to Sovereign Bank in the total sum of $47,659.62 plus per diem interest of $8.26379 from September 18, 2008 until paid in full, including post- judgment per contract, plus costs of suit itemized as follows: Unpaid Principal Amount $ 39,666.19 Interest to September 17, 2008 $ 1,609.27 Late Fees $ 2,256.61 Contractual Attorney Fees 10% $ 4,127.55 TOTAL $ 47,659.62 Per Diem Interest from September 18, 2008 until paid in full including post judgment per contract, plus costs of suit $ 8.26379 WHEREFORE, Plaintiff, Sovereign Bank, demands judgment against the Defendant Jesse S. McKeehan d/b/a McKeehan Insurance in the total sum of $47,659.62 plus per diem interest of $8.26379 from September 18, 2008 until paid in full, including post judgment per contract, plus costs of suit as authorized by the Warrant appearing in the Note. Dated: September 17.2008 By: Goodman, Esquire Y for Defendants 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6313 I.D. No. 62689 i M VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Vice President of SOVEREIGN BANK, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. SOVEREIGN BANK DATED: By: '4 Bruce padaccia Vice President EXHIBIT A PROMISSORY NOTE L References in the shaded area are for Lender's use orgy and do not limit the applicability of this document to any particular loan or item. Any Kern above containing ""'" has been omitted due to text length limitations. Borrower: Jesse S. McKeehan DBA: McKeehan Insurance *K der: Sovereign Bank 27 Gekweed-Dirlw, 5 3 c> 8 0 3 I c r D r i v 2 Aldwyn Center Carlisle, PA 17013 Villanova, PA 19005 Principal Amount: $50,000.00 Initial Rate: 10.990% Date of Note: 09-27-00 PROMISE TO PAY. Jesse S. McKeehan ('Borrower') promises to pay to Sovereign Bank ('Lender'), or order, in lawful money of the United States of America, on demand, the principal amount of Fifty Thousand & 00flOO Dollars ($50,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this ban Immediately upon Lender's demand. Payment in full Is due immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning November 10, 2000, wrlth all subsequent Interest payments to be due on the some day of each month after that Unless otherwise agreed or required by applicable law, payments will be applied first to any unpaid collodion cosh and any late charges, then to any unpaid Interest, and any remaining amount to principal. The annual interest rate for this Note Is computed on a 3661380 bash; that Is, by applying the ratio of the annual Interest rats over a year of 360 days, multiplied by the outstanding principal dance, 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 place as Lefler may designate h writing. VARIABLE INTEREST RATE The Werest rate on this Note Is 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 loam to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Larder will tall Borrower tree current Index rate upon Borrovrer's request. The Interest rate change will not occur more often than each Day. Borrower understands that Lender may make bens based on other rates as well. The Index currently Is 9.500% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.490 percentage points over the Index, resulting in an initial rate of 10.990% per annum. NOTICE: Under no circunstaraes will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. 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 Lender it writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest Rather, early payment will reduce the principal balance due. Borrower agrees not to send Lender payment marked 'pail in Mr, 'without recourse', or sinAer language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's right under tls Note, and Borrower will remain obligated to Pay any further amount owed to Lender. All written communicatlons 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 Iknlttoxns or as full satisfaction of a disputed amount must be mailed or delivered to: Sovereign Bank, 2 Aldwyn Center, Vflarava, PA 19085. LATE CHARGE. If a regularly scheduled Interest payment is 15 days or more late, Borrower will be charged 6AW% of the unpaid portion of the regularly scheduled payment If Lender demands payment of this ban, and Borrower does not pay the loan it full within 15 days attar Lender's clenand, Borrower also will be charged 5.000% of the unpaid portion of the sum of the unpaid principal plus accrued unpaid Interest INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, the total sum due under this Note will beat interest from the date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by 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 None. Other Defaults. Borrower falls to comply with or to perform any other tens, obligation, covenant or condition contained in this Note or in arty of the related documents or to conply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or fumished to Lender by Borrower or on Borrower's behalf, or made by Guarantor, or any other guarantor, endorser, surety, or accomrtodadw party, under this Note or the related documents In connection with the obtaining of the loan evidenced by this Note or any security document directly or indirectly securing repayment of this Note Is fate or misleading In any material respect, either now or at the time made or furnished or becomes false or misleading at any tine thereafter. Death or Insolvency. The death of Borrower or the dissolution or tertnistion of Borrower's existence as a going business, the ins01v9ncY Of Borrower, the appointment of a receiver for any part of Borrower's property. any assignment fox the benefit of creditors, arty 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 forfeiture proceedings, whether by judicial Proceeding, set'hslP. repossession or any other meted, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This Includes a garnishment of any of Borrower's account, 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 deposit with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Execution; Attachment Any execution or attachment is levied against the Collateral, and such execution or attachment is not set aside, discharged or stayed within thirty (30) days after fie same is levied. Change In Zoning or Public Restriction. Any change in any zoning ordinance or regulation or any other public restriction is enacted, adopted or Implernented, that limits or defines the uses which may be made of the Collateral such that the present or In the related documents, would be violation of such zoning ordinance or regulation or pudic restricbon?? changed Collateral. as specified Default Under Other Lien Documents. A default occurs under any otter mortgage, deed of trust or security agreement covering all a any portion of the Collateral. Judgment Unless adequately covered by Insurance In the opinion of Lender, the entry of a final judgment for the payment of money involving more than ten thousand dollars ($10,000.00) against Borrower and the failure by Borrower to discharge the same, or cause it to be discharged a banded off to Larder's satisfaction, within thirty (30) days from the date of the order, decree or process under which or pursuant to which such judgment was entered. Events Affecting Guarantor. Any of the preceding event occurs with respect to any Guarantor, or any other guarantor, endorser, surety, or accommodation party of any of the indebtedness or any Guarantor. or any other guarantor, endorser, surety, or accommodation party dies or becomes kaor portent, or revokes or disputes the validly of, or liability under, any guaranty of the indebtedness . In the event of a death, Lender, at b option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising uder the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs In Borrower's financial condition, or Lender believes the prospect of Payment a performance of this Note is impedred. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. It any default, other than a default in payment, is curable and 9 Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) If Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within thirty (30) days; or (2) It the cure requires more than thirty (30) days, invmediatoly initiates steps which Lender deems In Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and fan Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect the loan t Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limit 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 sty or injunction), and appeals. If not prohibited py applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. 1 JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or i . Rnrrrw ar Rnainst the other. PROMISSORY NOTE (Continued) Page 2 GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender In the 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 amount). 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. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as directions for payment from Borrower's accounts, may be requested orally or In writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. 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 Lenders Internal records, Including daily computer print-outs. FINANCIAL STATEMENTS. Borrower agrees to provide Lender with such financial statements and other related inforrnation at such frequencies and in such detail as Lender may reasonably request LINE OF CREDIT RENEWAL. This facility is subject to annual review. Renewal will be based on Lender's ongoing satisfaction with Borrower's fktenciel DEPOSIT RELATIONSHIP. Borrower shall maintain b primary deposit relationship with Sovereign Bank for the term of this Agreement OTHER TERMS AND CONDITIONS. This facility shall be rested (balance brought to zero) annually for a thirty (30) day period. ANNUAL FEE. On each anniversary of the Agreement and Note Date, The Borrower will pay Sovereign Bank an annual renewal fee of 1% of the loan amount or a minimum of $250.00 unless otherwise negotiated. This fee represents payment by Borrower, in advance, for use of the line of credit provided under this Note and Agreement INTEREST RATE PROVISION. It the Borrower does riot open a Sovereign Bank Business Checking account from which the monthly payment is automatically deducted for the term of the loan as stated in the Preautieorized Internal Transfer agreement, or refuses the Preau ftrized Internal Transfer on an existing Sovereign Bank Business Checking, or cancels the PreauCrorized Internal Transfer during the term of this ban the interest rate will automatically be increased on the Line -of Credit to 2.50% over the current Lenders Prime Rate. Also, as stated in the Preau thorized internal Transfer form K two are three (3) consecutive oc ourrenoes of Insufficient funds your preaut orized transfer shall be cancelled. After this fft (34 occurrence your Interest rate will be Increased by the percentage indicated above. Regardless whether Preauthorized Internal Transfer Is in effect or has beers revoked, upon the occurrence of a Event of Default (or any event which with the passage of time or notice could become an Evert of Default), Lender shall have the right, in addition to all other rights and remedies available to it, to set off against the unpaid balance of the Loan, any debt owing to the Borrower by Lender, any funds In any deposit account maintained by the Borrower with Lender, and any other property of Borrower that may be in the possession of the Lender or Its affiliates. BUSINESS LINE OF CREDIT CHECKS. THE BORROWER ACKNOWLEDGES THAT BUSINESS LINE OF CREDIT CHECKS ARE NOT THE SAME AS CHECKS DRAWN ON A DEMAND DEPOSIT ACCOUNT, BUT CONSTITUTE REQUESTS FOR ADVANCES ON A BUSINESS LINE OF CREDIT, WHICH MAY BE MADE AT THE LENDER'S SOLE DISCRETION AND ARE REPAYABLE ON THE LENDER'S DEMAND. THE AMOUNT OF EACH BUSINESS LINE OF CREDIT CHECK MUST BE AT LEAST 5W O0. LENDER MAY REFUSE TO HONOR ANY BUSINESS LINE OF CREDIT CHECK IF: (1) IT IS RECEIVED BY THE LENDER AFTER TERMINATION OF THE BUSINESS LINE OF CREDIT OR (II) HONORING SUCH CHECK WOULD CAUSE THE TOTAL OF ALL BORROWERS OBLIGATIONS ON THE LOAN TO EXCEED THE FACE AMOUNT OF THE NOTE EVIDENCING THE LOAN, (III) AN EVENT OF DEFAULT HAS OCCURRED, OR (IV) THE LENDER FOR ANY OTHER REASON IN GOOD FAITH DEEMS ITSELF INSECURE. IF, HOWEVER THE LENDER HONORS SUCH A BUSINESS LINE OF CREDIT CHECK CAUSING THE OUTSTANDING PRINCIPAL BALANCE OF THE LOAN TO EXCEED THE FACE AMOUNT OF THE NOTE EVIDENCING THE LOAN, THE EXCESS AMOUNT WILL BE ADDED TO THE PRINCIPAL OF THE LOAN AND THE BORROWER PROMISES TO PAY THE LENDER ALL INTEREST ACCRUED ON THIS AMOUNT AS WELL AS ALL ADDITIONAL MONIES ADVANCED OVER THE FACE AMOUNT. BUSINESS LINE OF CREDIT CHECKS MAY NOT BE USED TO MAKE ANY PAYMENT DUE TO THE LENDER. ANY AUTHORIZED REPRESENTATIVE OF BORROWER MAY STOP PAYMENT ON ANY BUSINESS LINE OF CREDIT CHECK. A STOP PAYMENT ORDER MUST BE GIVEN IN TIME FOR THE LENDER TO ACT UPON IT AND MUST STATE THE EXACT AMOUNT, EXACT DATE AND PRECISE IDENTITY OF THE PAYEE OF THE BUSINESS LINE OF CREDIT CHECK. ORAL STOP PAYMENT ORDERS MUST BE CONFIRMED IN WRITING WITHIN 14 DAYS. SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH, BUSINESS LINE OF CREDIT CHECKS ARE SUBJECT TO THE SAME RULES AND REGULATIONS AS APPLY TO THE LENDER'S BUSINESS CHECKING ACCOUNTS. GUARANTOR (S) / COSIGNER (S) FINANCIAL COVENANTS. Guarantor (s) / Cosigner (s) shall fumish the Lender wifin one hundred twenty (120) days after the end of each calendar year (n current personal financial statements for the prior year and (ii). unless otherwise extended as permitted by applicable law and written notice of such extension and all applicable extension documents are provided to Lender, signed copies of all federal, state and local tax returns fled for said prior year period by the Guarantor (s) / Cosigner (s). All financial statements delivered hereunder shall be in form satisfactory to lender. SWEEP ACCOUNT. Borrower acknowledges and authorizes Lender to set up a zero balance Business Checking Account (the 'Business Una of Credit Sweep Aocounn on which Business Line of Credit checks will be drawn for the sole purpose of advancing funds against Borrowers Line of Credit. The Sweep Account Number Is 0041031279. 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 Lander and Lender's successors and ass". GENERAL PROVISIONS. This Note and is payable on demand. The Inclusion of specific default provisions or rights of Lender shall not preclude Larder's right to declare payment of this Note on Its demand. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing 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 terns of this Note, and unless otherwise expressly stated in writing, no party who sigma this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or Impair, fall to realize upon or perfect Lender's security interest in the collateral; and take any other action dawned necessary by Lender without the consent of or notice to anyone. AN such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. 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 rot affect the erHoroeabi ity 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 ATTORNEYS 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 ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NONE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRES ATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HHA,$ BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL PROMISSORY NOTE (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 NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: Seal) Mc ee.%indi molly Sign ? - g?e]danand d?eltverect In the presence of: W-ea X_ Witness ?III6I TGIY?, ti?LLt KfTX Of1., N1.fILmW MC?1fN, m0. MNrfrwl .Mf.1M111111AMR10Y.F TM1ifI, /ROYOIM DISCLOS, AE FOR CONFESSION OF -)GMENT I References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular ban or item. Anv item above containina "***' has been omitted due to text lenath limitations. Affiant: Jesse S. McKeehan DBA: McKeehan insurance ?nder: Sovereign Bank 27 W. Oll- o? 5 3 o g o l ?t D el 2 Aldwyn Center Carlisle, PA 17013 Villanova, PA 19085 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS RA A?' DAY OF '-5 ciplc m b c_ r 200 A PROMISSORY NOTE FOR $50,000.00 OBUGA71NG 1A TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, 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 NOTE, 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 Y CQNFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS:: ;` " B. i FURTHER NDERSTAND 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 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 MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, 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 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER D BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING LENDER ANY ADVANCE NOTICE. INITIALS: .. NG READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS C. AFTER NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY 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 MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. and delivered inthe presence of: L$o Witness Iwo ? Ir+s ns ua v., ? r.u pr., v.. •aaan M cwwr? nn,,oos N nyr Mw.t • M a?tlMNeAl0.Ven,e iww. rwuwwq F12GJf`1 : MCKEEHAN INSU:N* CE FAX N0. Dec. e7 2005 05: 49PM P2 12/07/2005 9M 10;15 FBI 002/005 0 76roeft Bank MODMCA9TON AGPJMh N r THIS U MIFICATION AGREBEMT, dated es d lre 74' day of M05-(Ns Apreen at), b by as between &7HEt3 = BANK, a badwd aevkW beats, havlrtp m adrkehrt d 919 AMWW it tioa4 PAnoekv>, Ki 08610 (10 tench'), Jew t Mdcuhm MA Mdfaa m iceftr?oe, havkg an addmss of 530 BOeter Dive; Cadets, ft 17019 00 IWMV I. The Bo mover b refaced b hweb Mtd Ax* ea an'Ohtgarl. WHOWA is of to Ada W44 to eonotver le MtdebW b the Lender (the toan?) prasasrtt to tre Mm of a carter, Atonh t oy W* dated 9epternbe127, 2000, by the 9aeoteer, to larder. M 9w nd*W p td;W amoutt d Fft Thowara 9a0 OOM00 Dolan ";00M00) (tre'Pll AW Mtoimo, tenth a aareat pr ndpat halarta of SM.0010 (to IW. The Nob ho due and p"" imnm&* upon LaWm%DMbW (ft T mertd Fesant W ERVA to"p m iclee for 4 le a, b 1oratee on to vnWW DrI 'I, bawm d a vabM mb equal b the L;atder's ft* Ralo pka 1.49%. aubjaot q dtangs ire axl eAon tM Lend" Porte Rab dmnpes (fre'lnixeet f AWY, WHMPA the Nola pn>dit for tte Bmowet b pare etch * paymMltr d d x aaad anpatd kdereat, due as d eafi payment dab, apartlq Nowt d a 10, 2000, vM d eul>nwxtt? payatads due t n #m taste doy of owb nmlh alter IW oh6 'PaytnattTame'); SAS, rte Note, and d otter daaraiaabt eta NMnanenb aowatted in oar acfoit rrllr a ratedn9 b tie teen eco re(arred b hewkt, ooiecivehi, as rte 1 oen Doaarisnb" and, urtleta olltavrlea ap4dlK d ddm d bms b to Lars Doannatts wi toab tte same meadg hureb a h ttm Loan Daamm* MIFIfiR6At, to t.arvfer w tte Darter as holder a M e Laea and the Loan Door. nrerb and, as ands, M Borrower k ktdebted b to L.errc4r ttaekx era ttereu KW. W"wj^ R b multltly bareAciM end gearbb b to Bonoaer era. the Lai aer that to l Dim br? trerrtled to aaoordartoe teat the tennt d We Apeeenwrk jW TH jr4;F= Inaortsidereroa ct ro fcnpeb?o era fa otter rood and atirabfe ootaidtraroa, rw receipt d tuMoh M Meby aeknoededned ? larlrtp beat dCOlvad aad lnteadip k? be M?? Ooiaid hanby. t to Bonuwa and the Leader a0ree as foloax no eb,ve iedtale am hw* nrtde it W of ft AWsat t The Borrower adatowbdifee and spree Irataaah dt,. mdble b tme and exract 1. At nhrwtoee In the Lean Doom rb bt "LstdW attar haufler ff" Sov* to Ba* b wroaaoee and n* ft The U.nda'a addrasf, for id ptrrom% attar to et ad fwM In the Amt tarao?s;l of V* _. TM aareal pdadpd t+alanat an tM NctDe 1tiMl fie Itrated oat aw r a period d Rve (q > aadrrM now be due and pop"b tar on Dewaeber % 2010 (1M -MOONY 004 No fiatlter advaaa veM he pambW dl lba tom, • 12/07/2005 MM 16:39 (JOB NO. 64471 Ia002 Flff_IM :MO<ES-M INSI_IRAMCE FAX NO. Dec. 07 2025 05:49PM M 12/07/2005 RED 10:45 FAI l 003!005 Jesse & McKerhan W ti wcaam 6m ics /0051151xit-11n6 .. d, Banowsr fAI r4w. MMMwGard Mat emalbltr prbutw pMf WfA to no aaoent d Mz 0" Pka bdtn k beOMMlplp 400Mry It, UK ftb al wbagwat prtadpll pga11 9 As an 8n sans dry of each s+aldi d? ft- ki sddlfo- Oenawm I par repubr tserditd? p ANds arm WCNW WOO InIMI t, due of sf? pasaI '&is, h dnp Jrtwry 1a 20K WM d s *s 4WA MdsneI payn»aEs do on the ame 16i of MIA 44' allsrgWL ItoMXM% AW I'll Mil, da 0400W 14 ?A10, wilt be for d pablltlpM, x=id sdpdd hltisdand all w1abb feet clad Mesa N NW, netyd P" jtAIcaOg. MOW, ss *1aible, hortby add and omlans el eft e bxmt 94 aontll m d curl of ft loan Documents. etept as wp** inodhd by 16 Agrurrwd, I* Wm of to Loan, a t A brt? In tM laai DWxWtb, Shat rank! Mradlsnged snd b ful and elbss. 0MW by to Under la tie ApraWWt seat not to oalttsed ae s falnet of tae LvWWs MM b rOrtrlre ebbd parbarrorloe d tre •I3aia WWS •abtpa k 41 ender Ire lawn DWAS1tts. Of wow to t:an(W b nnbe future am t d*q h Mis AWnm* t wM aor4" to ntdWlM of Re Wan or to Dwowaft a gone err endmeab b Me tenured ire Lam' uWar lee Wan Documo ta. CandhodmdSawk Notdrq in tis ADroerssd chat bs oorlekaisc ss tsMrg any klbrsettn Lsrstr nary haw In my, 1 11 l ttar lre lash, The 9oINr w carltrnlt led ft ii - and trs farms if Mra loan Apnranaant and agrsas twf la Lerrder'a saaw?r bsie>ettsheA not bs knpraksd by ffrs *= dolt Ap xmK Esdl Oblpar, a3 apptcabla?, harebyra{raMMr a and wMranlt b Mb Lerxler Mail (rq N "y Qbtpor b pot a nabs! parson, Ibe person a>tnolaMng file Agreasera to behalf d ald? ObMgor is duly strtlottaed b sNkuN MIN Apsalesnt Slid b fMitf such atdlpar b ihf Mntlar llersar~ , (b) This Agreemad is.a raid aril Oirf4h9 sx esch Obtpor; (o) At IMAMW stsleaaults.6 41111 b the Lender refs tnre aaaurale and mmFiete. is all maledal arspeds, as d the dabs d deftiertr b tre LU der, (d) 9inee tb dlY to L0M see bride thorer has ben no v. aW l edww dao Ipe b lm urn M! fbaa Wd or atffalm, of say Obtgor, amwas dxJosed b we Lenderin wdirp; (a) Each Oiigw bar fled aN dfl» tnr rrbefle that t b roQufrod b W (f) Thera eafdo no vcK Milt, prooeedrp a bwssipetat, st far ar b sgr?h6 b rfae arty aolaf, board, arbrilittrmlw bodtt or cl or a ft pao" or hMdi0l tf sWV any aMlW a tf pmpe V. Mlw b sn a &mlble dsddm% Aft ar *ft would mabrfaty sdraseb efbct tie bauilea apereNxls, propfry a t(rlsnaW ed dean d such abhor, and to Lam Daamarlte mMNlat 4?MlM, ur tlNler oYaamefanoe Hatt wMr the paltsap e d bkrle alt btloor?o s bdt, under any d The wildly crib anfaroeatapttr d This ApreMnfrlt shot tlo povonrcd and aonstrlad k? aaoordrtlos wall M bars of tre dale of I,alda's aae6ran set forth Mi the ant psraDnrph d tds AgrealkMf. Nroeessere and At MM. fide 4".wed ronttl>S? rot be s6MgneG by any ab Ipor teeW the prior wdltan, oalserM of Mls Lender vft cmw d mq bs wAlheld at tie Lenders sob end MMdub d KMflan, Tb a Lender Ins to atbohrte dght b assign Its dghis and abtputorls ha iWar wellout ndcs b or mri i l if my tarp. To Ike fides that ft Agmarow t Is Bowed. 4 *4 In bkldnp of aald tnse b tie bedeAt dtie polies and e,ebr reapertra hobs, errcrmsars end Mips. HndibpeAdla?dldiaa,1101 r1*01 care for MMIMlce and reterenot.ahty and shd not be aomhued b 6adlur, Mt ar add oorltart b any PWAd L K XW.FvAibn .of Wt AprWWM b ddellablI 'b,bs u erdaroesble, Hilt dMW*d M shat cot be aooabued ae 1ndEtg tie t.etrbPs dgtaly arndei tie lenfadrlaar ct itle Aprr>arnettt In file „entd frlaonsisleaiey babwtrl hN AprslalEylt 12/07/2005 WED 16:95 (JOB NO. 84471 0003 FRbM : N INSURANCE FAX NO. Dec. 07 2005.05:SOPM P4 12/07/2005 R 10:0 FAQ 004/005 JM" & tldcmabal DBA tddW mr ks"m t troosl?s??ae•iaal end any other of l o L= Ddmtmk the,0e ='of thb Agmmanrt sW prevad, KIherc is a dsaspancr beww the terns of th AQreemeM and arnr pportmiocm dihe Laen 1)own,er?, eie prov siorK or GIs Agreortaxit sfa I vrevpN. Eadi oblBpr aAines fo e?reeu>e mnd delwa b ra tw,a.r .udi aarNaaw tloaarrmr?l•. Ie and. aprmanrarda xW Mm aft Arlrer sdp ilp the UntW a Rs camaei may m momft ro4uk a hM tine b *rA Rmtemaat an Lender. Es* Obip hereby deoam that am of the 40 hares( M has no *K aetot, omm*d . ddenme, or obey cause of adbn ag?rat ft Lai>* hN*rding, but not Ar*d b, a ddmn d wjy, Sny d Wm or mm of Sdion At cam m im, in am, at*" or omiik in-padtAct or o tort, for trend, malbaaaict?, m(arepcaaMbft *wdd ba, UM deaplve trade POW, a aqr Oftid$,.daiirapa or Ia W of afir W4 in ift. wM m: thnra m say dmhn b m mpidry or WWa . dMTM" AU V out of any *ndm w" to Obdpor<m) for any of bare) mad tht Lander..To be erdartt.10 My *4 OW, *wWWmWnk dedenee, a olwr eaurm at adlop may arlat or mliht Iwrallor arlam tined ar fads brown or unluromm that a?dstn of bla do aura ae4of(; eeurNarM% deltnme and dw cape d a dm b hereby aapiegly and bma t#y WmW and mkaaed by each m v Etoh ompor adoiawl l i p ii that trb `r lom b at of Ile caresidewion b Ire Lankier for Ire Inelxlef and other . a0comr mdd m nod by"tandem kilt Ab wma t. .rmn Tdal wain PM OOLIOOR AND TIN LdStdNiR HMM WM LLY, X DWNOLY, VOUN TARLY AND MtTiNBOIU"Y WAK Tt! JpMff TO A TNIAL BY JORY N MWMT Of AMP CLAN iNND MMK N=M WT OF. t lb1F.R OR N OONMPiTW WRH TM AI M OR ANY OM DOC MUS OONTII PIATEP TO DR EXOM D N CONNOMM H MIH OR N COlMd3CT101t WffH TIN WAN ON ANY OOUAll OF COlDM, MM OP WA MC. ITATtIN:M MM M VERBAL OR MiRtTt" OR AC11t>M:OF ANY PAMY. THIS WMM tOIbWM A MATERIAL MbUCINENT FOR LEIDER Ta.Nttl3t WTO TNMi AtNEEIENT. MeNtMm TIE PAtPJ1'Ei A=l[ THAT.TMi AQRd M PART OF A COMMEIA& TNAIdOACTION, MCH ONJDWWA VE% M THE EXI MI PIiiNTM NT AMY ATAV OR t49MK LAW, ANY POW R MAY HAVE TO PRIOR NOM OR A IEARDtii ON THE = 9 OF "He MMM OR ns SUCCBSMORi AND AiiIONS TO ANY ROW OR COIalAT101d OF W.11' EM THRT EIIAtilit IN LMMMK DT WAY OF ATTAt;1W, GARNINNENT, FW= ATTACMW OR A94BVM,10 DEPMIE ANY OKXICR MAW OF "M PROM AT ANY Tw PWoR To FNAL .NDOdm N ANY MgATION MIImm m oONN ,Tm Idtdll To Aam3m mcH OBLIGOR FURnGlt WANN ANY R01T TO RIiQIIIRE I IMM TO POST A 0=1 OR OTHBt SECIIRtl1f N COMEC M THBWM . JOB NO, 8447 ) Q004 FROM :MCXEEHAN INSIJRAWCE FAX NO. Dec. 07 2005 05:50PM P5 ?j00?/005 12/07/2005 WED 10:40 FBI A bDQ?sS ?30 `?cis?e c 1? 2- Ca??s1e, Qom. 1"1ok3 12/07/2008 WED 18:33 (JOB NO. 84473 0005 EXHIBIT B ign Banksm (D(OPY July 31, 2008 VIA REGULAR MAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Jesse S. McKeehan d/b/a McKeehan Insurance 530 Bosler Drive Carlisle PA 17013 Re: Indebtedness of Jesse S. McKeehan d/b/a McKeehan Insurance (the "Borrower") to Sovereign Bank (the "Bank") Dear Mr. McKeehan: Responsibility for the loan arrangements between the Bank and the Borrower has been transferred. All communications from the Borrower to the Bank are to be addressed to Bruce S. Spadaccia, Vice President, 924 Eaton Avenue, 2nd Floor, MC: 10- 6483-MA2, Bethlehem PA 18018, until further written notice from the Bank. Reference is made to the Promissory Note of the Borrower in the original principal amount of $50,000.00 dated September 27, 2000 and payable to the order of Sovereign Bank as modified by that certain Modification Agreement dated December 7, 2005 (collectively, the "Note"). The Bank is the holder of the Note. The Borrower is in default under the Note in that the Borrower has failed to, among other things, make payments when due (the "Default"). This letter constitutes formal notice to the Borrower of the occurrence of the Default. As a result of the Borrower's default, the Bank has elected to exercise its option to declare the entire unpaid principal balance of the Note and all accrued and unpaid interest to be immediately due and payable. As of the date hereof, there is unpaid, due and owing to the Bank under the Note the amount of $41,097.63. Demand is hereby made for the immediate payment in full of all amounts which are due and which may become due under the Note. The balance due under the Note may increase or decrease as a result of the receipt of payments and the proceeds of collateral securing the Note and the accrual of interest, late charges, costs of collection and other fees, costs and expenses. Therefore, immediately prior to remitting payment, please contact Bruce S. Spadaccia at 610- 297-8287 to obtain final payoff amounts and remittance instructions. Be advised that, pursuant to the Note, should the balance due not be paid within fifteen (15) days of this Jeffrey L. Goodman, Esquire Senior Counsel Sovereign Bask MC-20-SM-ARO Two Aidwyn Center East Lancaster Avenue and Aldwyn Lase Villanova PA 19085-1420 Telephone: 610-S26-6313 Facsimile: 610-520-2389 E-mail: JGoodman@SovereignBank.com Page 2 of 2 demand, the Borrower will be charged 5.000% of the unpaid portion of the sum of the unpaid principal plus accrued unpaid interest. Nothing contained in this letter is intended as a waiver or release of any of the terms or provisions of the Note or of any and all other notes, instruments or agreements between the Bank and the Borrower (the "Loan Documents"). The Bank reserves all rights and remedies available to it under the Loan Documents, and applicable law, all of which are expressly hereby reserved. No discussions between the Bank and the Borrower concerning this notification, other loan relationships between the Bank and the Borrower, or any other matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such discussions may be continuing. The acceptance of any partial payment of any of the obligations of the Borrower to the Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any delay or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact my office. Very truly ° GOODMAN, ESQUIRE JLG/dm cc: Bruce S. Spadaccia, Vice President v w 1D j E 3 O O 0r 1U b-' to O O O O G x w .C ..G b-' O 7006 2150 0000 9314 9410. r W ? fD j y . ,'0" ?i c) -F co W fD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff VS. No. 0 JESSE S. MCKEEHAN d/b/a MCKEEHAN INSURANCE Defendant Confession of Judgment Commonwealth of Pennsylvania County of Delaware AFFIDAVIT OF NON-MILITARY SERVICE Before me, a Notary Public for Delaware County, Pennsylvania, personally appeared Jeffrey L. Goodman, Esquire, Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant Jesse S. McKeehan d/b/a McKeehan Insurance is not in the military service of the United States of America, that he has personal knowledge that the said Defendant's last-known address is 530 Bosler Drive, Carlisle PA 17013. Sworn and subscribed before SOVEREIG me this 11* day of A k.,34/, 2008 ,/ .Goodman, Esquire, ,?,./1?-' ?- s orney for Plaintiff tary Public -536-ARO 2 Aldwyn Lane My Commission expires: Villan6va PA 19085-1420 I.D. No. 62689 COMMONWEALTH OF PENNSYLVANIA Notarial Seal JenniW Devm, Notary PtA* Radnor Twp., Delaware County My Cornff* w Expired Feb. 16, 2011 Member, Pennsylvania Assoclation of Notaries 1 1% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff vs. No. JESSE S. MCKEEHAN d/b/a MCKEEHAN INSURANCE Defendant Confession of Judgment OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise mailing address of the Plaintiff is: Two Aldwyn Center East Lancaster Avenue and Aldwyn Lane Villanova PA 19085-1420 I hereby certify that the precise mailing address of the Defendant Jesse S. McKeehan d/b/a McKeehan Insurance is: 530 Bosler Drive Carlisle PA 17013 Dated: September 23, 2008 By: . Goodman, Esquire AwAttorney for Defendants 0-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6313 I.D. No. 62689 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK VS. Plaintiff CIVIL ACTION No. JESSE S. MCKEEHAN d/b/a MCKEEHAN INSURANCE Defendant Confession of Judgment Commonwealth of Pennsylvania County of AFFIDAVIT OF DEFAULT AND BUSINESS TRANSACTION Bruce S. Spadaccia, being duly sworn according to law, deposes says he is Vice President for Sovereign Bank, Plaintiff, herein; that he is authorized to make this affidavit on plaintiff's behalf, that a true and correct copy of the note containing the warrant of attorney upon which judgment is confessed are attached to the Complaint filed in this action as Exhibits "A" that the note constitute business transactions between plaintiff and defendants; that judgment is not being confessed against individual persons in connection with a consumer credit transaction; and that Defendant is in default under the note for the reasons set forth in the Complaint. Sworn and subscri ed before me this "day of 2008 a ?;?k Notary Public My Commission Expires 10: MONWEALTH OF PENNSYLVANIA Notarial Seal Lisa A Sctvdler, Notw y Public City Of Bethlehem, LaNO County My CamrrYssion E)#m Dec. 5, 2010 IG BANK a cia Vice President Member, Pennsylvania Assoofatlon of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff VS. No. JESSE S. MCKEEHAN d/b/a MCKEEHAN INSURANCE, Defendant Confession of Judgment NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Jesse S. McKeehan d/b/a McKeehan Insurance 530 Bosler Drive Carlisle PA 17013 A judgment in the amount of $47,659.62 plus per diem interest of $8.26379 from September 18, 2008 until paid in full, including post-judgment per contract, plus costs of suit 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 TO STRIKE OR OPEN JUDGMENT THEREBY SEEKING RELIEF FROM THE JUDGMENT STATING ALL GROUNDS FOR RELIEF IN A SINGLE PETITION AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or (800) 990-9108 (in Dated: September 17, 2008 By: an, Esire oo?mDefenits A A rney fod2 AI wyn Lane, 20-536-ARO Villanova PA 19085-1420 Phone: 610-526-6313 I.D. No. 62689 0- - r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff b s' 8 3 Y C ? -u^-• vs. No. JESSE S. MCKEEHAN d/b/a MCKEEHAN INSURANCE Defendant Confession of Judgment NOTICE OF FILING JUDGMENT ( ) Notice is hereby given that a judgment in the above-captioned matter has been entered against Jesse S. McKeehan d/h/a McKeehan Insurance, [Guarantor 11 and [Guarantor 21 in the amount of $47,659.62 plus per diem interest of $8.26379 from September 18, 2008 until paid in full, including post judgment per contract, plus costs of suit on the /,Af day of ®clr,.? , 2008. ( ) A copy of all documents filed with the Prothonotary in support of the within Judgment is/are enclosed. 3 41 Protfi ono Civil Div. h= By: If you have any questions concerning the above case, please contact the following party: Jeffrey L. Goodman, Esquire (I.D. No. 62689) Attorney for the Plaintiff 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Telephone: 610-526-6313 Notice sent: (This Notice is given in accordance with Pa.R.C.P. 236.) Jesse S. McKeehan d/h/a McKeehan Insurance 530 Bosler Drive Carlisle PA 17013 A, .? f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSE S. MCKEEHAN d/b/a MCKEEHAN INSURANCE Defendant Confession of Judgment SOVEREIGN BANK CIVIL ACTION Plaintiff vs. No. SECTION 2737.1 NOTICE Pursuant to 42 Pa. C. S. § 273 attached hereto are written instructions regarding the procedure to follow to strike the confessed judgment entered against you. Please be further advised that if you have been incorrectly identified and had a confession of judgment entered against you, under 42 Pa. C.S. § 2737.1 you are entitled to costs and reasonable attorney's fees as determined by the Dated: September 17, 2008 By: y?/? z ?---- . Goodman, Esquire As orney for Defendants 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6313 I.D. No. 62689 4, Or Pa. R.C.P No. 2959 PURDON'S PENNSYLVANIA STATUTES AND CONSOLIDATED STATUTES ANNOTATED PURDON'S PENNSYLVANIA CONSOLIDATED STATUTES ANNOTATED PENNSYLVANIA RULES OF CIVIL PROCEDURE CONFESSION OF JUDGMENT FOR MONEY. Current with amendments received through December 1, 2003. Rule 2959. Striking Off or Opening Judgment; Pleadings; Procedure (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided by subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county 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 Rule 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. ,.,. Aso k (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 day 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 all 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. V C 41 Pit SHERIFF'S RETURN - REGULAR CASE NO: 2008-05834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS MCKEEHAN JESSE S D/B/A MCKEEHA MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGMENT was served upon MCKEEHAN JESSE S D/B/A MCKEEHAN INSURANCE the DEFENDANT , at 0013:35 HOURS, on the 3rd day of October , 2008 at 530 BOSLER DR CARLISLE, PA 17013 by handing to JESSE MCKEEHAN OWNER OF BUSINESS/DEFENDANT a true and attested copy of CONFESSION OF JUDGMENT together with COMPLAINT FOR CONFESSION OF JUDGEMENT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/07/2008 SOVEREIGN BANK By: Deputy Sheriff 18.00 5.00 .00 10.00 .00 ?? 33.00 of A. D.