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HomeMy WebLinkAbout09-1402BRIAN J. GAUGHAN AND LAURA E. GAUGHAN, PLAINTIFFS VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. Uri'- /YOZ CIVIL TERM NANCY YOCUM-KREINER, PAUL L. : KREINER, JR. and RITA A. LECRONE, : CIVIL ACTION- LAW DEFENDANTS : NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Nancy Yocum-Kreiner 442 S. York Street Mechanicsburg, PA 17055 Paul L. Kreiner, Jr. 442 S. York Street Mechanicsburg, PA 17055 Rita A. Lecrone 413 Franklin Church Road Dillsburg, PA 17019 A judgment in the amount of $159,620.28 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 2, ? Y, ": z - Robert P. Kline, Esquire 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070 (717) 770-2540 BRIAN J. GAUGHAN AND LAURA E GAUGHAN, PLAINTIFFS VS. NANCY YOCUM-KREINER, PAUL L. KREINER, JR. and RITA A. LECRONE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 9 - 140 -1- 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 $143,975.10 B. Interest (through February 28, 2009) 1,198.17 C. Late Charges 49.50 D. Attorneys commission as set forth in 14,397.51 Installment note Total: $159,620.28 Respectfully submitted, Judgment entered as above this day of .µ--' , 2009. S p} Prothon tary ?-= BRIAN J. GAUGHAN AND LAURA E. GAUGHAN, PLAINTIFFS VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- / Y O 2 CIVIL TERM NANCY YOCUM-KREINER, PAUL L. : KREINER, JR. and RITA A. LECRONE, : CIVIL ACTION - LAW DEFENDANTS : COMPLAINT PURSUANT TO PA.R.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: Plaintiffs are Brian J. Gaughan and Laura E. Gaughan, whose address is 109 E. Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Nancy Yocum-Kreiner is an adult individual who resides at 442 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant Paul L. Kreiner, Jr. is an adult individual who resides at 442 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Rita A. Lecrone is an adult individual who resides at 413 Franklin Church Road, Dillsburg, York County, Pennsylvania 17019. 5. On August 31, 2007, Defendant Nancy Yocum-Kreiner, together with her son, Roger D. Naugle, 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". 6. 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". 7. 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". 8. The aforesaid Judgment Note has not been assigned. 9. Contrary to the terms and provisions of the Installment Note, during the terms of said Note, Defendant Nancy Yocum-Kreiner has failed to make monthly payments as required, constituting a default. 10. Notice of Default was delivered by certified mail to Nancy Yocum-Kreiner via certified mail on February 12, 2009. Notice of said default was also provided to Paul L. Kreiner and Rita A. Lecrone via certified mail on February 12, 2009. Copies of said notices are attached as Exhibit "D" and Exhibit "E", respectively. 11. 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. 12. As a consequence of the Defendants' default, Defendants are liable to the Plaintiffs as follows: A. Principal B. Interest (through February 28, 2009) C. Late Charges D. Attorneys commission as set forth in Installment note Total: $143,975.10 1,198.17 49.50 14,397.51 $159,620.28 WHEREFORE, Plaintiffs, Brian J. Gaughan and Laura E. Gaughan, demand judgment in the sum of $159,620.28 against Defendants 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". Respectfully submitted, YyL ?4-Lc?+ Z.c? 0? DATE OBERT P. KLINE, ESQUIRE 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 UNITED STATES OR ELSEWHERE, TO EXHIBIT "A" APPEAR FOR THE MAKERS, THEIR SUCCESSORS OR ASSIGNS, IN ANY SUCH COURT, IN TERM TIlViE 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 (101/6) 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 CONFIRMENG 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 fimds 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 se&Xyfhis 31 st day oy'*ugust, 2007. D. Sworn to and subscribed before me this &'a' day of 2007. L/ otary Public COMMONMALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FEISTER, Notary Public NewCuwbwI r4Borc.,Cwnbv%nd Co. My ComNe m Exptrm Apra 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 aid seal on this 31 st day of August, 2007. Sworn to and subscribed before me this ??y of 2007. 'Rotary Public COMMONWF.A.LTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FASTER, Notary PYbOa Now C Som.,Cumberland Cro. Cwwd*m EMkft Aprl 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 31st 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-paymen% b. The right, if any, to the benefit of, or to direct the application o4 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 EMBIT `B" OF ANY COURT OF RECORD WITHIN THE UNITED STATES OR ELSEWHERE, TO APPEAR FOR THE MAKER, HLS/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 COM13YMSION 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 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. (Q'ej?--4 ' PAUL L. KREINER, JR., GU OR COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS GrC?rr?s?u 17 On this the .6//a'day of fAudu N , 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. 4t' Notary Public COMMONW M OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FEISTER, NAM Public NawCwnbw WSm.,Cunftdand Co. My CwtoWm Eq*n Apt '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 fimds 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. (:Q ,<, , , J;;? (SEAL) PAUL L. KRE Sworn to and subscribed before me this ;Yday of z?Oear 2007. 7r . otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FEISTER, Notary Public NewCumberland Soro., Cumbw1snd Co. My Commission Expiros Apra 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 finther 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. f .0's A k LEC ONE, .GUARANTOR COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUAMERLAND : SS 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 NMDAWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FEWER, Notary Public NewCumberland 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 finds 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 fiords from Brian J. Gaughan and Laura E. Gaughan (the "Lender's 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. t r X. (SEAL) RITA A. LEC NE Sworn to and subscribed before me this 911'ad y of _AV/„ a . , 2007. otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FEISTEP, Notary Public New CumbedOW Boro.. Cumberland Co. My Commission Exphs April 15, 2011 ROBERT P. KLDm, EsQ. VIA CERTIFIED MAIL February 12, 2009 Nancy Yocum-Kremer 442 S. York Street Mechanicsburg, PA 17055 Re: Notice of Default Dear Ms. Yocum-Kreiner: As you are aware, this office represents Brian J. Gaughan and Laura E. Gaughan. I am writing in regard to the default pursuant.to the Installment Note between yourself and Brian J. Gaughan and Laura E. Gaughan dated August 31, 2007. As of today's date, the payment that was due on February 1, 2009, has not been paid. In addition, there is presently a late charge due in regard to this missed payment. 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. Very truly yours, Robert P. Kline, Esquire RPK/srf cc: Mr. & Mrs. Brian J. Gaughan 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 EXHIBIT "D" (717) 770-2540 (717) 243-5940 Fax (717) 770-2553 7004 2890 0002 8475 42$0 ROBERT P. KLvw, ESQ. VIA CERTIFIED MAIL February 12, 2009 Paul L. Kreiner, Jr. 442 S. York Street Mechanicsburg, PA 17055 Rita A. Lecrone 413 Franklin Church Road Dillsburg, PA 17019 Dear Mr. Kreiner and Ms. Lecrone: As you recall, you both provided personal guaranties of an Installment Note 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 JR 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 Nancy Yocum-Kreiner on this date advising her that if the default is not cured within ten 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 cc: Mr. & Mrs. Brian J. Gaugahn 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 EXHIBIT "E" (717 770-2540 (717) 243-5940 7004 2890 0002 8475 4303 Fax(717)770-2553 7004 2890 0002 8475 4297 O aQ nj (Domestic Mail Only; NO Insurance Coverage Provided) U-) Postage $ O Certified Fee . - O Return Receipt Fee (Endorsement Required) ~,. eGk M Restricted Delivery Fee (Endorsement Required) - 2 ti U Total Postage & Fees i = } }•xr i 1req?rp I ? N ON :; ------------ -- - m O I' CERTIFIED MAIL RE CEIPI' M 'I- (Domestic • M1 i - . CID Postage $ ,; W(1 ti O O Certified Fee ':"t" A -M `' O Retum Receipt Fee (Endorsement Required) lifes 7 c) ReatrkKedpefiry veFee (E ndorseme m Required) fr: ?1 r ?7 Z Total Postage & Fees $ O / or PO Box . --------- U x .... ^T ._-- --- CM&AMMIL - ^/res,&.?.e.? /aft ?7GLs • (Domestic rIJ Mail Only; No Insurance Coverage Provided) Ln ' 7 S E Postage $ ru O Certified Fee O O (EndRalum eip Fee K . ?, r ^ 'l ?Po erk rem 0 u *.i'+F R Fee FEB 1 Novery 0- (En dorsement estricted Required) Er 1 Total Postage & Fees $ O sent e /. ? ..? ------------------ ' ' POBlesr z1------------------------------ or - - -- VERIFICATION We verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date BRIAN J. GA GHA 3 3-09 C Date LAURA E. GAUGHAN a :J4 ? l v t' ? rcr, a 0 1? Sheriffs Office of Cumberland County R Thomas Kline p%r of IcUrahry rr Edward L Schorpp Sheri ?? # Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE c- 'NE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/10/2009 08:01 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 10, 2009 at 2001 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nancy Yocum-Kreiner, by making known unto Nancy Yocum-Kreiner personally, at 440 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/10/2009 08:01 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 10, 2009 at 2001 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Paul L. Kreiner, Jr., by making known unto Nancy Yocum-Kreiner, wife of defendant, at 440 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/13/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Rita A. Lecrone, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Notice Under Rule 2958.1 of Judgment and Execution Thereon according to law. 03/27/2009 York County Return: And now March 27, 2009 I, Richard P. Keuedeber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Confession a Judgement, upon the within named defendant, to wit: Rita A. Lecrone by making known unto herself personally, defendant at 413 Franklin Church Road Dillsburg, York County Pennsylvania 17019 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $78.00 April 22, 2009 SO ANSWERS, Docket No. 2009-1402 Brian J. Gaughan v Nancy Yocum-Kreiner n r•,: C-D _ rn .' --, .--.J ?, TC I? ? R THOMAS KLINE, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ClConfeseed Judgment BRIAN J. GAUGHAN AND LAURA` E.: ?'otha GAUGHAN, File No. 09-1402 PLAINTIFFS : Amcuntbue % 150L, (&2,p , Z2) . V. NANCY. YOCUM}KREINER, PAUL L. :Interest KREINM- JR. and RITA A.. Atty-s Comm LECRONE, Costs DEFENDANTS TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment We, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original prodding filed pursuant to act 7 of 1966 as amended; and for rani property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above ntattier to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Nancy Yocum-Kreiner and Paul L. Kreiner, Jr. located at 442 $- Ynrlr+.raq+. _ Mechanicsburg. PA 17055 PRAECIPE FOR ATTACE MENT EXECUTION Issue writ of attachment to the Sheriff of (',,, ,1 h igr I n r, d County, for debt, interest and costs, as above, directing attachment against the above-nacaed garnbhee(s) for the following property (if real estate, supply nix copies of the description; supply four copies of lengthl personal tY list)* all personal property of Defendants Nancy Yocum- rezner.and 2au1__r Y..4..-,.located .at.442 S. York Street,. Mechanicsburg, PA a&-Z ofm property of the defendant(s) in the possession, custody, or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date Z- 3 VA41& ZAnzA Signature: Print Name: Address: ag t real estate of the Robert P. Kline, Esquire P-. Bay 461. New Cumberland, PA 17070 Attorney for. P l a i n} i f f q Telephone: (717) 770-2540 Supreme Court ID No: 5 A2 9 R OF THE r ? ,,,Et.r 2019 JUYF l -2 AN 10; 56 P f4 _ i ! h 4.00 PAD 14rry I -00 axF '21.50 is J5 to 1U-00 . Pty A *A,oc . SO u. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1402 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRIAN J. GAUGHAN and LAURA E. GAUGHAN, Plaintiff (s) From NANCY YOCUM-KREINER, PAUL L. KREINER, JR. and RITA A. LECRONE, 442 South York Street, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $159,620.28 Interest L.L. $.50 Atty's Comm % Atty Paid $132.00 Plaintiff Paid Date: 6/02/09 (Seal) Due Prothy $2.00 Other Costs C s R. Long, tary By: Deputy REQUESTING PARTY: Name ROBERT P. KLINE, ESQUIRE Address: PO BOX 461 NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-2540 Supreme Court ID No. 58798 AMl^m m WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1402 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRIAN J. GAUGHAN and LAURA E. GAUGHAN, Plaintiff (s) From NANCY YOCUM-KREINER, PAUL L. KREINER, JR. 00 South York Street, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $159,620.28 Interest Atty's Comm % Atty Paid $132.00 Plaintiff Paid Date: 6/02/09 L.L. $.50 Due Prothy $2.00 Other Costs s R. Long, u (Seal) By: Deputy REQUESTING PARTY: Name ROBERT P. KLINE, ESQUIRE Address: PO BOX 461 NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-2540 Supreme Court ID No. 58798 O- ? 0. L -6 is 0 BRIAN J. GAUGHAN AND LAURA E. IN THE COURT OF COMMON PLEAS GAUGHAN, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS VS. NO. 09-1402 CIVIL TERM NANCY YOCUM-KREINER, PAUL L. : KREINER, JR. and RITA A. LECRONE, : CIVIL ACTION - LAW DEFENDANTS : PRAECIPE TO AMEND WRIT OF EXECUTION TO THE PROTHONOTARY: Please amend the Praecipe for Writ of Execution filed on June 2, 2009, as follows: The address of Nancy Yocum-Kreiner and Paul L. Kreiner, Jr. shall be changed from 442 South York Street, Mechanicsburg, PA 17055, to 440 South York Street, Mechanicsburg, PA 17055. 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 OF THE PPIC HONOTARY 2009 JUN -9 PM 1; 2 8 PENNSl'L.VWA. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~,, _. .h -- _, „ L~I~r ~,a ~ ~ ~:~i ~~ ~3 *- - ; ~a-~ CU~d ~ ~ ~~J~~~~l '."'~ ~':,r'. Brian J Gaughan (et al.) vs Case Number Nancy Yocum-Kreiner (et al.) 2009-1402 SHERIFF'S RETURN OF SERVICE 05/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $52.86 SO ANSWERS, May 25, 2010 RON R ANDERSON, SHERIFF ;~ ,' By ; Sharon R. Lan z c'~.~ ~c-1iy~ ~-# ~-u~~:~~ ';cl Crun+,~Suite Sr.~nrf. 7e~?o;:~?f Inc. /-i