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HomeMy WebLinkAbout08-6208 BRIAN J. GAUGHAN AND LAURA E. GAUGHAN, PLAINTIFFS VS. ROGER D. NAUGLE, NANCY YOCUM- : KREINER, PAUL L. KREINER, JR. and RITA A. LECRONE, DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - la &08 CIVIL TERM CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, the original of which is attached to the Complaint filed in this action, I appear for the above Defendants and confess judgment in favor of the Plaintiffs and against the Defendants, as follows: A. Principal $145,894.78 B. Interest (through October 15, 2008) 2,132.39 C. Late Charges 98.99 D. Attorneys commission as set forth in 14,812.62 Installment note Total: $162,938.78 Respectfully submitted, "'I Y-":a) __ Judgment entered as above this III* day of 021e(nor , 2008. Id ?'111 -lit A- P, [M Proth tow BRIAN J. GAUGHAN AND LAURA E. GAUGHAN, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. ?-6? CIVIL TERM ROGER D. NAUGLE, NANCY YOCUM- : KREINER, PAUL L. KREINER, JR. and CIVIL ACTION - LAW RITA A. LECRONE, DEFENDANTS : COMPLAINT PURSUANT TO PA.&C P 2951(b) (CONFESSION OF JUDGMENT) AND NOW, come the Plaintiffs, Brian J. Gaughan and Laura E. Gaughan, by and through their attorney, Kline Law Office, and file this Complaint Pursuant to Pa.R.C.P. 2951(b) for judgment by confession and states as follows: 1. Plaintiffs are Brian J. Gaughan and Laura E. Gaughan, whose address is 109 E. Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Roger D. Naugle is an adult individual who resides at 413 Franklin Church Road, Dillsburg, York County, Pennsylvania 17019. 3. Defendant Nancy Yocum-Kreiner is an adult individual who resides at 442 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Defendant Paul L. Kreiner, Jr. is an adult individual who resides at 442 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Rita A. Lecrone is an adult individual who resides at 413 Franklin Church Road, Dillsburg, York County, Pennsylvania 17019. 6. On August 31, 2007, Defendants Roger D. Naugle and Nancy Yocum-Kreiner entered into an Installment Note in favor of Brian J. Gaughan and Laura E. Gaughan in the amount of $150,000.00, a copy of which is attached hereto and incorporated herein, together with the related Affidavit to Accompany Judgment Note, as Exhibit "A". 7. On August 31, 2007, Defendant Paul L. Kreiner, Jr., entered into a Guaranty of the above-referenced Note, which Guaranty of Note and related Affidavit to Accompany Judgment Note is attached hereto as Exhibit "B". 8. On August 31, 2007, Defendant Rita A. Lecrone entered into a Guaranty of the above-referenced Note, which Guaranty of Note and related Affidavit to Accompany Judgment Note is attached hereto as Exhibit "C". 9. The aforesaid Judgment Note has not been assigned. 10. Contrary to the terms and provisions of the Installment Note, during the terms of said Note, Defendants Roger D. Naugle and Nancy Yocum-Kreiner have failed to make monthly payments as required, constituting a default. 11. Notice of default was delivered by certified mall to Roger D. Naugle and Nancy Yocum-Kreiner via certified mail on October 2, 2008. Notice of said default was also provided to Paul L. Kreiner and Rita A. Lecrone via first class mail on October 2, 2008. Copies of said notices are attached as Exhibit "D" and Exhibit "E", respectively. 12. The judgment note and the guaranty of note executed by the respective defendants as attached as Exhibit "A", Exhibit "B", and Exhibit "C" contain a warrant of attorney authority a confession of judgment against the Defendants. 13. As a consequence of the Defendants' default, Defendants are liable to the Plaintiffs as follows: A. Principal $145,894.78 B. Interest (through October 15, 2008) 2,132.39 C. Late Charges 98.99 D. Attorneys commission as set forth in 14 812.62 Installment note Total: $162,938.78 WHEREFORE, Plaintiffs, Brian J. Gaughan and Laura E. Gaughan, demand judgment in the sum of $162,938.78 against Defendants Roger D. Naugle, Nancy Yocum Kreiner, Paul L. Kreiner, Jr. and Rita A. Lecrone as authorized by the warrant of attorney in the Installment Note and in the respective Guaranty of Note, copies of which are attached hereto as Exhibit "A", Exhibit "B" and Exhibit "C". pee cc ly submitted, 0 CT- ZM 't 11?) 9-Q-? 13- DATE R BERT P. KL SQUIRE Attorney ID# 58798 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiffs INSTALLMENT NOTE $150,000.00 5325 E. Trindle Road Mechanicsburg, PA 17055 FOR VALUE RECEIVED, ROGER D. NAUGLE and NANCY YOCUM-KREINER, adult individuals, jointly and severally (hereinafter called "Makers"), promise to pay to the order of BRIAN J. GAUGHAN and LAURA E. GAUGHAN (hereinafter called "Holder"), the principal sum in the amount of One Hundred Fifty Thousand and 00/100 ($150,000.00) Dollars, together with interest thereon at the rate of 5% per annum, in monthly installments in the amount of $989.93, with the first such payment due on or before October 1, 2007, and monthly thereafter on the first of each month and with the entire remaining principal balance due and payable in full on or before September 1, 2017. If a payment is more than ten (10) days late, a late charge shall be due in the amount of five (5%) percent of the amount of payment. Payment of principal and interest due hereunder shall be made in lawful money of the United States of America at 109 E. Elmwood Avenue, Mechanicsburg, PA 17055, or at such places as may be designated in writing by Holder. Makers shall have the right to prepay all or any part of the principal amount of this Note at any time or from time to time without premium or penalty, provided that Holder pays at the same time all interest accrued thereon to the date of payment. If the Makers shall default in the payment of principal or interest when the same shall become due and payable, and such default is not cured by Makers within ten (10) days following receipt of written notice of such default from the Holder, then and in such event (an "Event of Default"), the entire principal amount of this Note may, at the option of Holder, become due and payable without presentment or demand, notice of protest or other notice of dishonor of any kind, all of which are expressly waived by the Makers. UPON THE HAPPENING OF AN EVENT OF DEFAULT, THE MAKERS HEREBY EMPOWER AND AUTHORIZE, WITHOUT POWER OF REVOCATION, ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNI'T'ED STATES OR ELSEWHERE, TO EXHIBIT "A" APPEAR FOR THE MAKERS, THEIR SUCCESSORS OR ASSIGNS, IN ANY SUCH COURT, IN TERM TIlMIE OR ON VACATION AND WITH OR WITHOUT DECLARATION FILED, TO WAIVE PROCESS AND SERVICE THEREOF AND CONFESS JUDGMENT IN FAVOR OF THE HOLDER OF THIS NOTE FOR THE UNPAID BALANCE OF THE PRINCIPAL AMOUNT HEREOF, TOGETHER WITH ALL UNPAID INTEREST THEREON, COSTS OF SUIT AND AN ATTORNEY'S COMMISSION FOR COLLECTION OF TEN (10%) PERCENT OF THE PRINCIPAL AMOUNT THEREOF, WITH RELEASE OF ALL ERRORS AND RIGHT TO APPEAL WHICH MAY INTERVENE IN ANY SUCH PROCEEDINGS. THE UNDERSIGNED CONSENTS TO IMMEDIATE EXECUTION UPON SUCH JUDGMENT, AND INQUISITION AND EXTENSION UPON ANY LEVY UPON REAL ESTATE ARE HEREBY WAIVED AND CONDEMNATION AGREED TO, AND THE EXEMPTION OF PERSONAL PROPERTY FROM LEVY AND SALE ON ANY EXECUTION HEREON IS ALSO HEREBY EXPRESSLY WAIVED, AND NO BENEFIT OF EXEMPTION SHALL BE CLAIMED UNDER OR BY VIRTUE OF ANY EXEMPTION LAW NOW IN FORCE OR WHICH MAY HEREAFTER BE ENACTED, THE UNDERSIGNED HEREBY EXPRESSLY RATIFYING AND CONFIRMING ALL THAT SAID ATTORNEY MAY DO BY VIRTUE HEREOF. This Note shall bind the Makers, their successors and assigns, and the benefits hereto shall inure to Holder, its heirs, personal representatives, successor and assigns. IN WITNESS WHEREOF, and intending to legally bound hereby, the undersigned have caused this Note to be executed the 31 st AFFIDAVIT TO ACCOMPANY JUDGMENT NOTE Being duly sworn according to law, the undersigned deposes and says that: 1. He is borrowing funds from Brian J. Gaughan and Laura E. Gaughan. 2. He is over twenty-one years of age, not within the military service of the United States or its allies nor otherwise within the civil relief provisions of the Soldiers and Sailors Civil Relief Act of 1947 as amended. 3. He has agreed to borrow the funds from Brian J. Gaughan and Laura E. Gaughan (the "Lender") in the principal amount of $150,000.00 and to secure said obligation has delivered to the Lender a Judgment Note containing a confession of judgment. 4. He understands that a confession of judgment allows for the entry of a judgment by confession against him and that said judgment encumbers all real estate that he owns. 5. He acknowledges that he has had the opportunity to consult with legal counsel of his own choice regarding the effect of executing and delivering a judgment note that contains language permitting the confession of judgment. IN WITNESS WHEREOF and intending to induce the Lender to complete the transaction as provided, the undersigned has affixed his hand and Sworn to and subscribed before me this 'a' day of 2007. otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R FEISTEP, Notary PubNc NewCWMMJMdBoro.,Cumberland Co. [My Correrioo Ezptroa Apri115, 2011 AFFIDAVIT TO ACCOMPANY JUDGMENT NOTE Being duly sworn according to law, the undersigned deposes and says that: 1. She is borrowing funds from Brian J. Gaughan and Laura E. Gaughan. 2. She is over twenty-one years of age, not within the military service of the United States or its allies nor otherwise within the civil relief provisions of the Soldiers and Sailors Civil Relief Act of 1947 as amended. 3. She has agreed to borrow the funds from Brian J. Gaughan and Laura E. Gaughan (the "Lender") in the principal amount of $150,000.00 and to secure said obligation has delivered to the Lender a Judgment Note containing a confession of judgment. 4. She understands that a confession of judgment allows for the entry of a judgment by confession against her and that said judgment encumbers all real estate that she owns. 5. She acknowledges that she has had the opportunity to consult with legal counsel of her own choice regarding the effect of executing and delivering a judgment note that contains language permitting the confession of judgment. IN WITNESS WHEREOF and intending to induce the Lender to complete the transaction as provided, the undersigned has affixed her hand a.Vd seal on this 1 st d y of August, 2007. Sworn to and subscribed before me this -J/?y of 2007. Public SHARON R. FEISTER, Notary Public NewCumbeetand Boro., Cumberland Co. My melon Egiroa April 15, 2011 GUARANTY OF NOTE Guaranty 1. The undersigned, PAUL L. KREINER, JR., hereby endorses, guaranties and promises to pay the Promissory Note entered into on this 31 st day of August, 2007, between Brian J. Gaughan and Laura E. Gaughan, as Holders, and Roger D. Naugle and Nancy Yocum-Kreiner, as Makers. Waivers 2. The undersigned waives the following: a. Presentment, demand, protest, notice of protest, notice of dishonor, and notice of non-payment; b. The right, if any, to the benefit of, or to direct the application of, any security hypothecated to the holder until all indebtedness of the Maker to the Holder, regardless of its source, has been paid; and c. The right to require the Holder to proceed against the Maker, or to pursue any other remedy in the Holder's power. Right of Direct Action 3. The undersigned further agrees that the Holder may proceed against the undersigned directly and independently of the Maker, and that the cessation of the liability of the Maker for any reason other than full payment, or any extension, renewal, forebearance , change of rate of interest, acceptance, release or substitution of security, or any impairment or suspension of the Holder's remedies or rights against the Maker, shall not in any way effect the liability of the undersigned. Warrant of Attorney Confessing Judgment 4. The undersigned authorizes any attorney at law to appear before the Prothonotary of any Court of record in the Commonwealth of Pennsylvania or any state in the United States at any time after the Note hereby guaranteed becomes due, whether by default or otherwise, and to waive the issuing service of process and confess judgment in favor of the legal holder against any Maker or endorser, for the amount of principal and interest then appearing due on this Note, together with costs of suit, and to release all heirs and waive all right of appeal. UPON THE HAPPENING OF AN EVENT OF DEFAULT, THE MAKER HEREBY EMPOWERS AND AUTHORIZES, WITHOUT POWER OF REVOCATION, ANY ATTORNEY EXHIBIT "B" OF ANY COURT OF RECORD WITHIN THE UNITED STATES OR ELSEWHERE, TO APPEAR FOR THE MAKER, HIS/HER SUCCESSORS OR ASSIGNS, IN ANY SUCH COURT, IN TERM TIME OR ON VACATION AND WITH OR WITHOUT DECLARATION FILED, TO WAIVE PROCESS AND SERVICE THEREOF AND CONFESS JUDGMENT IN FAVOR OF THE HOLDER OF THIS NOTE FOR THE UNPAID BALANCE OF THE PRINCIPAL AMOUNT HEREOF, TOGETHER WITH ALL UNPAID INTEREST THEREON, COSTS OF SUIT AND AN ATTORNEY'S COMMISSION FOR COLLECTION OF TEN (10%) PERCENT OF THE PRINCIPAL AMOUNT THEREOF, WITH RELEASE OF ALL ERRORS AND RIGHT TO APPEAL WHICH MAY INTERVENE IN ANY SUCH PROCEEDINGS. THE UNDERSIGNED CONSENTS TO EM[MEDIATE EXECUTION UPON SUCH JUDGMENT, AND INQUISITION AND EXTENSION UPON ANY LEVY UPON REAL ESTATE ARE HEREBY WAIVED AND CONDEMNATION AGREED TO, AND THE EXEMPTION OF PERSONAL PROPERTY FROM LEVY AND SALE ON ANY EXECUTION HEREON IS ALSO HEREBY EXPRESSLY WAIVED, AND NO BENEFIT OF EXEMPTION SHALL BE CLAIMED UNDER OR BY VIRTUE OF ANY EXEMPTION LAW NOW IN FORCE OR WHICH MAY HEREAFTER BE ENACTED, THE UNDERSIGNED HEREBY EXPRESSLY RATIFYING AND CONFIRMING ALL THAT SAID ATTORNEY MAY DO BY VIRTUE HEREOF. Renewals and Extensions 5. The undersigned further agrees to all renewals and extensions of this Note for whatever period or periods. Any such renewals and extensions may be made without notice to or the further consent of the undersigned. ot. r PAUL L. KRE JR., GU TOR COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS C,urr7B??u 1? On this the ? //a-Lay of /? elke 5? , 2007, personally appeared Paul L. Kreiner, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FEISTER, Notary Public NewCumbsWWBoro., Cumberland Co. MY Commission Expires April 15, 2011 AFFIDAVIT TO ACCOMPANY JUDGMENT NOTE Being duly sworn according to law, the undersigned deposes and says that: 1. He is borrowing funds from Brian J. Gaughan and Laura E. Gaughan. 2. He is over twenty-one years of age, not within the military service of the United States or its allies nor otherwise within the civil relief provisions of the Soldiers and Sailors Civil Relief Act of 1947 as amended. 3. He has agreed to borrow the funds from Brian J. Gaughan and Laura E. Gaughan (the "Lender") in the principal amount of $150,000.00 and to secure said obligation has delivered to the Lender a Judgment Note containing a confession of judgment. 4. He understands that a confession of judgment allows for the entry of a judgment by confession against him and that said judgment encumbers all real estate that he owns. 5. He acknowledges that he has had the opportunity to consult with legal counsel of his own choice regarding the effect of executing and delivering a judgment note that contains language permitting the confession of judgment. IN WITNESS WHEREOF and intending to induce the Lender to complete the transaction as provided, the undersigned has affixed his hand and seal on this 31 st day of August, 2007. A (SEAL) PAUL L. KREINE Sworn to and subscribed before me this -3-/-/'day of , 2007. 7i . tt? otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL F RON R. FEISTER, Notary Public Cumberland Boro., Cumberland Co. Commission Expires April 15, 2011 GUARANTY OF NOTE Guaranty 1. The undersigned, RITA A. LECRONE, hereby endorses, guaranties and promises to pay the Promissory Note entered into on this 31 st day of August, 2007, between Brian J. Gaughan and Laura E. Gaughan, as Holders, and Roger D. Naugle and Nancy Yocum-Kreiner, as Makers. Waivers 2. The undersigned waives the following: a. Presentment, demand, protest, notice of protest, notice of dishonor, and notice of non-payment; b. The right, if any, to the benefit of, or to direct the application of, any security hypothecated to the holder until all indebtedness of the Maker to the Holder, regardless of its source, has been paid; and c. The right to require the Holder to proceed against the Maker, or to pursue any other remedy in the Holder's power. Right of Direct Action 3. The undersigned further agrees that the Holder may proceed against the undersigned directly and independently of the Maker, and that the cessation of the liability of the Maker for any reason other than full payment, or any extension, renewal, forebearance, change of rate of interest, acceptance, release or substitution of security, or any impairment or suspension of the Holder's remedies or rights against the Maker, shall not in any way effect the liability of the undersigned. Warrant of Attorney Confessing Judgment 4. The undersigned authorizes any attorney at law to appear before the Prothonotary of any Court of record in the Commonwealth of Pennsylvania or any state in the United States at any time after the Note hereby guaranteed becomes due, whether by default or otherwise, and to waive the issuing service of process and confess judgment in favor of the legal holder against any Maker or endorser, for the amount of principal and interest then appearing due on this Note, together with costs of suit, and to release all heirs and waive all right of appeal. UPON THE HAPPENING OF AN EVENT OF DEFAULT, THE MAKER HEREBY EMPOWERS AND AUTHORIZES, WITHOUT POWER OF REVOCATION, ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OR ELSEWHERE, TO EXHIBIT "C" APPEAR FOR THE MAKER, HIS/HER SUCCESSORS OR ASSIGNS, IN ANY SUCH COURT, IN TERM TIME OR ON VACATION AND WITH OR WITHOUT DECLARATION FILED, TO WAIVE PROCESS AND SERVICE THEREOF AND CONFESS JUDGMENT IN FAVOR OF THE HOLDER OF THIS NOTE FOR THE UNPAID BALANCE OF THE PRINCIPAL AMOUNT HEREOF, TOGETHER WITH ALL UNPAID INTEREST THEREON, COSTS OF SUIT AND AN ATTORNEY'S COMMISSION FOR COLLECTION OF TEN (10%) PERCENT OF THE PRINCIPAL AMOUNT THEREOF, WITH RELEASE OF ALL ERRORS AND RIGHT TO APPEAL WHICH MAY INTERVENE IN ANY SUCH PROCEEDINGS. THE UNDERSIGNED CONSENTS TO IMMEDIATE EXECUTION UPON SUCH JUDGMENT, AND INQUISITION AND EXTENSION UPON ANY LEVY UPON REAL ESTATE ARE HEREBY WAIVED AND CONDEMNATION AGREED TO, AND THE EXEMPTION OF PERSONAL PROPERTY FROM LEVY AND SALE ON ANY EXECUTION HEREON IS ALSO HEREBY EXPRESSLY WAIVED, AND NO BENEFIT OF EXEMPTION SHALL BE CLAIMED UNDER OR BY VIRTUE OF ANY EXEMPTION LAW NOW IN FORCE OR WHICH MAY HEREAFTER BE ENACTED, THE UNDERSIGNED HEREBY EXPRESSLY RATIFYING AND CONFIRMING ALL THAT SAID ATTORNEY MAY DO BY VIRTUE HEREOF. Renewals and Extensions 5. The undersigned further agrees to all renewals and extensions of this Note for whatever period or periods. Any such renewals and extensions may be made without notice to or the further consent of the undersigned. A A. LEC ONE, GUARANTOR COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this the day Of 2007, personally appeared Rita A. LecrOne, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purposes therein contained. N?LTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FEISTER, Notary Public New Cumberland Boro., Cumberland Co. My Commission Expires April 15, 2011 AFFIDAVIT TO ACCOMPANY JUDGMENT NOTE Being duly sworn according to law, the undersigned deposes and says that: 1. She is borrowing funds from Brian J. Gaughan and Laura E. Gaughan. 2. She is over twenty-one years of age, not within the military service of the United States or its allies nor otherwise within the civil relief provisions of the Soldiers and Sailors Civil Relief Act of 1947 as amended. 3. She has agreed to borrow the funds from Brian J. Gaughan and Laura E. Gaughan (the "Lender") in the principal amount of $150,000.00 and to secure said obligation has delivered to the Lender a Judgment Note containing a confession of judgment. 4. She understands that a confession of judgment allows for the entry of a judgment by confession against her and that said judgment encumbers all real estate that she owns. 5. She acknowledges that she has had the opportunity to consult with legal counsel of her own choice regarding the effect of executing and delivering a judgment note that contains language permitting the confession of judgment. IN WITNESS WHEREOF and intending to induce the Lender to complete the transaction as provided, the undersigned has affixed her hand and seal on this 31 st day of August, 2007. (SEAL) Ato and subscribed before me this ?/ day of 2007. otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FEISTER, Notary Public New Cumberland Boro., Cumberland Co. My Commission Expires April 15, 2011 ROBERT P. KLDgE, ESQ. VIA CERTIFIED MAIL October 2, 2008 Roger D. Naugle Nancy Yocum-Kreiner 5325 E. Trindle Road Mechanicsburg, PA 17050 Roger D. Naugle 413 Franklin Church Road Dillsburg, PA 17019 Nancy Yocum-Kreiner 442 S. York Street Mechanicsburg, PA 17055 Re: Notice of Default Dear Mr. Naugle and Ms. Yocum-Kreiner: As you are aware, this office represents Brian J. Gaughan and Laura E. Gaughan, Elite Personnel, Inc., and Action Personnel I am writing in regard to the default pursuant to both the Installment Note between yourselves and Brian J. Gaughan and Laura E. Gaughan and the Lease Agreement between Roger D. Naugle and Action Personnel. In regard to the Installment Note, as of today's date, you are two months behind in the payments on this Note. In addition, there are late charges due in regard to each of these missed payments. This letter constitutes notice to you that if this default is not cured within ten (10) days of the date of this letter, action will be taken to enforce the Installment Note. In regard to the Lease Agreement, you are now well more than two months behind in the rent payments, despite my client's generous offer to work with you on this issue. In addition, late fees have accrued on these payments, as well. Unless this matter is brought current within ten (10) days of the date of this letter, it is my client's intention to enforce his rights under the Lease Agreement, including his rights to possession of the property. Any questions you have regarding this matter should be directed to my attention. Very truly yours, RPK/srf Robert P. Kline, Esquire EXHIBIT "D" 714 Bridge Street P.O. Box -161 New Cumberiand. PA 17470 x717) 770-3540 (717)243-5940 Fax (717) 770-2553 ROBERT P. KLDw, EsQ. October 2, 2008 Paul L. Kreiner, Jr. 442 S. York Street Mechanicsburg, PA 17055 Rita A. Leanne 413 Franklin Church Road Dillsburg, PA 17019 Dear Mr. Kreiner and Ms. Lecrone: As you recall, you provided personal guaranties of an Installment Note made by Roger D. Naugle and Nancy Yocum-Kreiner in favor of my clients, Brian J. Gaughan and Laura E. Gaughan, in regard to the purchase of the business known as J.R. Baker Advertising by Nancy Yocum-Kreiner and Roger D. Naugle. You are hereby advised that the Note is presently in arrears and notice has been forwarded to the note holders on this date advising them that if the default is not cured within ten (10) days, action will be taken to enforce the Note. I am hereby advising you that, in addition to enforcing my clients' rights under the Installment Note, it is also my intention to enforce your personal guaranty, as well. If you have questions concerning this matter, please do not hesitate to contact me at my office. Very truly yours, Robert P. Kline, Esquire RPK/Srf 714 Bridge Street P.O. Box 461 New Cumberland. P.A 17070 (717) 770-2540 EXHIBIT `B„ (7171 743-5940 Fax (717) 77t)-7553 VERIFICATION We verify that the statements made in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. /U -iL-off Date M Date BRIAN J. GAUGHAN LAURA E. GAUGHAN (}) C C-) r13 O -n 9b K .G a_ CZ in N ? BRIAN J. GAUGHAN AND LAURA E. IN THE COURT OF COMMON PLEAS GAUGHAN, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS VS. NO. Oig - (polq CIVIL TERM ROGER D. NAUGLE, NANCY YOCUM- : KREINER, PAUL L. KREINER, JR. and CIVIL ACTION - LAW RITA A. LECRONE, DEFENDANTS : NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Roger D. Naugle 413 Franklin Church Road Dillsburg, PA 17019 Paul L. Kreiner, Jr. 442 S. York Street Nancy Yocum-Kreiner 442 S. York Street Mechanicsburg, PA 17055 Rita A. Lecrone 413 Frankllin Church Road Mechanicsburg, PA 17055 Dillsburg, PA 17019 A judgment in the amount of $33,502.76 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 SEEKING RELIEF FROM THE JUDGMENT 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Robert P. Kline, Esquire 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070 (717) 770-2540 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GAUGHAN BRIAN J ET AL VS NAUGLE ROGER D ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: TTTTTt" T T? T)/lr Tnn Tl but was unable to locate Him deputized the sheriff of YORK serve the within NOTC & CONF OF JUDGMENT County, Pennsylvania, to On December 3rd , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 57.33 Postage 4.38 98.71 ? 12/03/2008 ROBERT P KLINE So answers: R. Thomas Kline Sheriff of Cumberland County 1L111()g10T 91,.... Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GAUGHAN BRIAN J ET AL VS NAUGLE ROGER D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: LECRONE RITA A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within CONFESSION OF JUDGMENT On December 3rd , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe _ Docketing 6.00 Out of County .00 r Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County 00 16. o o i??e lbS? , 12/03/2008 ROBERT P KLINE Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN REGULAR CASE NO: 2008-06208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GAUGHAN BRIAN J ET AL VS NAUGLE ROGER D ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGMENT was served upon YOCUM-KREINER NANCY the DEFENDANT , at 2004:00 HOURS, on the 31st day of October , 2008 at 440 S YORK ST MECHANICSBURG, PA 17055 by handing to NANCY KREINER a true and attested copy of CONFESSION OF JUDGMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.00 Affidavit .00 Surcharge 10.00 0 0 id-IN * 2? 7. 0 0 Sworn and Subscibed to before me this day So Answers: ?l R. Thomas Kline 12/03/2008 ROBERT P KLINE By Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GAUGHAN BRIAN J ET AL VS NAUGLE ROGER D ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGMENT was served upon KREINER PAUL L JR the DEFENDANT , at 2004:00 HOURS, on the 31st day of October , 2008 at 440 S YORK ST MECHANICSBURG, PA 17055 by handing to NANCY KREINER ADULT IN CHARGE a true and attested copy of CONFESSION OF JUDGMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/03/2008 ROBERT P KLINE By. Deputy Sheriff A. D. PE111NY PRESS OF YORK' INC. Ph (717) 8434078 Fax (717) 848-1360 -- -- --- -- , 1 OF 2 lr1 COUNTY OF YORK OFFICE OF THE SHERIFF S(R;'71961`? 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE OWY LN 1 TWU 12 DO NOT E TA04 AMY t*PE& 1 PLAINTIFF/S/ Brian J. Gaughan et al 2 COURT NUMBER 08-6208 civil 3. DEFENDANT/S/Roger D. Naugle et al •. IT Pr- Vr YYKI I UK L VMYLAIF1I Notice under Rule 2958.1 of Judgme ! Tt9d ?IEDJITt"H $OLD SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PRfff Roger D. Naugle 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO.. CITY, BORO. TWP. STATE AND ZIP CODE) AT 413 Franklin Church Road Dillsburg, PA 17019 7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE ]KDEPUTIZE CeV%&%:1hd ? 1 ST CLASS MAIL O POSTED O OTHER NOW October 23 2008 I, SHERIFF OF I COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute thisy?bl q2n a return thereof according to law. This deputization being made at the request and risk of the plaintiff., ? SHERIFF OF ?. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Cumber. ADV FEE PAID BY CUMBERLAND CO SHERIFF OUT OF COUNTY Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any Iess, destruction, or removal of any property before shenfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE ROBERT P. KL INE , ESQ. 10. TELEPHONE NUMBE 714 BRIDGE ST., PO BOX 461, NEW CUMBERLAND, PA 17070 717-770-2540 11. DATE FILED 10-17-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF 1)0 NOT WIME 'R&OW TM LOW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. MJ MCG I LL YC SO 10-24-2 11-16-0g 16. HOW SERVED: PERSONAL RESIDENCE POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME TITLE O IN IDUA1k SERVED / LI DR S ?ER? NOT S`Hq? ABO Relationship to Defendant) 19. Date of Service 20 T??($eyvice . /v4 a a Zq-d yz 21. ATTEMPTS Date Time Mile nt. Date Time Miles Int. Date Time M' Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Cow 33 Costs Due ±10 Check No. o a -ao a 6 1 500 33 .oa 1??9.331 41-07 30i 34. Foreign County Costs 35. Advance Costs 36. Service osts 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 17 th SO RS 41. AFFIRMED and subscribed to a me thi IM M. Signature of A NOW 42. day or L. Dep. Sheriff - o NOTARIAL S L 46. Signature of rant ?/G ?/ 47, DATE LISA L. BOWMAN, NOTARY PUBLIC County Sheriff - CITY OF YORK YORK COUNTY - RICHARD 15 KEUERLEBER SHERIFF 11-17 -2008 MY COMMISSION EXPIRES AUG. 12, 2009 48. Signature of Foreign 49 DATE 0•* 0 0 0• 0•• s ENNY PRESS OF YORk INC. Ph (717) 843-4078 Fax (717) 848-13W COUNTY OFy8& 2 OFFICE OF THE SHERIFF SCR )I771 9601E 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE 1' PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE OWY L 1 TWU 22 DO NOT DETAM AM COMS 1 PLAINTIFF/S/ 2. COURT NUMBER Rrian .T_ l'aiirthar? at al 8-6208 C1V11 J. utrtNUANUSr Roger D. Naugle et al A 4. TYPE OF WRIT OR COMPLAINT )tire under Rule 2958.1 of Judgment SERVE 5. NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Rita A. Lecrone 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP, STATE AND ZIP CODE) AT 413 Franklin Church Road Dillsbur , PA 17019 7. INDICATE SERVICE: O PERSONAL 0 PERSON IN CHARGE DEPUTIZE 0 CERT. MAIL O 1ST CLASS MAIL 0 POSTED 0 OTHER NOW October 23 20 08 I, SHERIFF 80 "O'ffl LINTYPA, do hereby deputize the sheriff of York COUNTY to execute this ?!?J?40C,?ett;rn ereo ding to law. This deputization being made at the request and risk of the plaintiff. , SHERIFF OF 1!- CO J ITY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.UT OF COUNTY Ctanberiand ADV FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURIROBERT P. KL I NE , ESQ. 10. TELEPHONE NUMBER 11. DATE FILED 714 BRIDGE ST., PO BOX 461, NEW CUMBERLAND , PA 17070 17-770-2540 0-17-08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed A notice is to be mailed) CUMBERLAND CO SHERIFF CE non F Qu m S1 ? NOT ? &*" R SE RFF SPA .dW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. MJ MCG I LL YCSO 1 10-24-2008 1 11-16-2008 16. HOW SERVED: PERSONA L RESIDENCE y POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 0 I hereby cer* and return a OT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. TITLEOFDIVI S ` AL S ED./ LIST ADDR HE E IF N g h `q SHO ABOVE (Relationship to Defendant) - 4eC llah-ems 19. Date of Service -27- 05 .- O U I 20 Time of Se 33G 21. ATTEMPTSI Date I Time IaAiles I Int. 1116ate I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int 22 23. Advance Costs 1 24 Service Costs 25. N/F 26. Mileage 127. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 132. Tot. Costs 33 Costs Due or Refund Check No. 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert 38 Mdeage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to ANSWE a me this Sgnature of ? OAT 42. day or 6"M4 T p. sherirnf ..10 ? NOTARIAL SEAL 46' Signature R ?j 47 GATE LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK YORK COUNTY RICHARD P. KEUERLEBE SHERIFF 11-17-2008 MY COMMISSION EXPIRESAUG.12, 2009 48 Signature of Foreign 49 DATE BRIAN J. GAUGHAN AND LAURA E. GAUGHAN, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ROGER D. NAUGLE, NANCY YOCUM- : KREINER, PAUL L. KREINER, JR. and RITA A. LECRONE, : NO. 08-6208 CIVIL TERM CIVIL ACTION - LAW DEFENDANTS : TO THE PROTHONOTARY: PRAECIPE Please mark the judgment by confession in the above captioned matter satisfied and discontinued and withdraw this matter, without prejudice upon the Plaintiffs to pursue this claim, by judgment of confession or otherwise, at a later date. Respectfully submitted, Robert P. Kline, Esquire Attorney ID #58798 Kline Law. Office 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070 (717) 770-2540 r-? ?J ?' C Y c? ...1 ?;'?-?: _,., :: '?, .-?