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HomeMy WebLinkAbout09-1420REAGER & LER, P.C. BY:JOHN H. VIETRZAK, ESQUIRE Attorney LD. N .79538 Email: J i? etrzak Rea erAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. N .67987 Email: Twilliam Rea erAdlerPC.com 2331 Market S ti-7011 Camp Hill, PA Telephone: (717 763-1383 Facsimile: (717) 730-7366 INTEGRITY Plaintiff V. DYNA RES, LL ., HOYT W. BANGS and ALICE P. B GS, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CONFESSION OF JUDGMENT Kindly enter judgment by confession in the above-captioned matter for the Plaintiff and against the Defendants, and assess damages in the amount of $3,507,083.66, plus interest from March 6, 2009, a$ follows: Accelerated Prin ipal: $3,277,555.59 Late Fees on mis Jed payments: 5,691.56 Interest through 3 6/09: 56,819.70 (plus $728.35 per day after 3/6/09) Attorne 's fees 167 016.81 Total: $3,507,083.66 (plus $728.35 per day after 3/6/09) Respectfully submitted, RE ER & ADLER, P.C. 2 Date: March 6, 009 . Pietrzak, Esquire ttomey for Defendants REAGER & LER, P.C. BY:JOHN H. IETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: J ietrzak Rea erAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliam Rea erAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717 763-1383 Facsimile: (717) 730-7366 INTEGRITY DYNA RES, ] and ALICE P. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. CIVIL ACTION HOYT W. BANGS : NO. 69 - J(/e26 GS, Defendants : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant o the authority in the Warrant of Attorney, the original or a copy of which is attached to the C mplaint filed in this action, I appear for the Defendants and confess judgment in favor of the PI intiff and against Defendants as follows: Accelerated Principal: $3,277,555.59 Late Fees on missed payments: 5,691.56 Interest through 316/09: 56,819.70 (plus $728.35 per day after 3/6/09) Attorne 's fees 167 016.81 Total: $3,507,083.66 (plus $728.35 per day after 3/6/09) Respectfully submitted, REAGER & ADLER, P.C. Date: March 6, 009 J Pietrzak, Esquire ttorney for Defendants REAGER & LEI;, P.C. BY:JOHN H. IETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak R erAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilli s Re erAdlerPC.com 2331 Market Street Camp Hill, PA 7011 Telephone: (711) 763-1383 Facsimile: (717 730-7366 INTEGRITY DYNA RES,1 and ALICE P. 1. K, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION HOYT W. BANGS NO. 09-)q2o JGS, Defendants : CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT Integrity Bank (hereinafter "Integrity") is a Pennsylvania Financial Institution with # mailing address of 3345 Market Street, Camp Hill, Pennsylvania 17011. 2. Defendant Dyna Res, LLC (hereinafter "Dyna Res") is a Pennsylvania Limited Liability Corpor#tion, with a mailing address of 1054 Derwydd Lane, Berwyn, Pennsylvania 19312. 3. Defendants Hoyt W. Bangs and Alice P. Bangs, husband and wife, are adult individuals, with an address of 1054 Derwydd Lane, Berwyn, Pennsylvania, 19312. 4. On April 18, 2007, Integrity and Dyna Res entered into a Mortgage Note Agreement (hereinafter the "Note"), in conjunction with a Construction/Permanent Loan 1 Agreement of tle same date. Under the terms of the Note, Integrity agreed to lend Dyna Res the principal amount of $3,400,000.00 and Dyna Res agreed to repay the Note amount in monthly installments of rincipal and interest that would begin on May 18, 2007 and continue until April 28, 2027. A tru? and correct copy of the April 18, 2007 Mortgage Note is attached hereto as Exhibit "A". 5. Hoyt W. Bangs and Alice P. Bangs (hereinafter, collectively "the Bangs") executed a Guar?nty and Suretyship Agreement (hereinafter the "Guaranty Agreement") on April 17, 2007, as individual guarantors, obligating themselves individually to all of the duties and obligations of H*Tisburg Jet Center, Inc. to Integrity. The Guaranty Agreement contains a confession of ju gment and warrant of attorney. A true and correct copy of the Guaranty and Suretyship A ment is attached hereto as Exhibit "B". 6. O or about April 18, 2007, the Bangs signed a Disclosure for Confession of Judgment acknowledging that they had executed the Guaranty Agreement in respect of the obligations owed to Integrity by Dyna Res, LLC. A true and correct copy of the Disclosure for Confession of J4gment is attached hereto as Exhibit "C". 7. This is an action to confess judgment for damages arising out of Dyna Res' default under the {terms of the Note. 8. Dy a Res has defaulted under the terms of the Note by failing to pay the principal and interest paym nts due on January 18, 2009 in the amount of $28,457.83 and February 18, 2009 in the amo t of $28,457.83. 9. Under the terms of the Note, upon Dyna Res' default for failure to pay monthly principal and interest payments, Integrity is entitled to declare the entire principal amount as well as any accrued unpaid interest to be immediately due and payable. 2 10. L nder the terms of the Note, upon Dyna Res' default, Dyna Res must pay late charges in the mount of 5.0% of the amount of the missed payments, in the amount of $2,845.78 for each missed ayment in January and February 2009. 11. nder the terms of the Note, upon Dyna Res' default, the interest rate on the principal increases from 8.0% to 11.0%. 12. Myna Res has not paid any amount due under the Note since December 2008. 13. T e total balance due including accelerated principal and accrued, unpaid interest, late charges and ?ttorney's fees of 5.0% as set forth in the Warrant of Attorney in the Note attached as Exhi?it "A", as of Friday, March 6, 2009 is as follows: Accelerated Principal: $3,277,555.59 L to Fees on missed payments: 5,691.56 In erest through 3/6/09: 56,819.70 ttame, 's fees 167 016.81 l: $3,507,083.66 14. ] March 6, 2009. 15. 16. J in connection w 17. J date of filing of Cumberland Coi Montgomery Ca on the principal continues to accrue at an amount of $728.35 per day after Note under which judgment is being confessed has not been assigned. anent is not being entered by confession of judgment against a natural person a consumer credit transaction. upon the Note has not been entered in any other jurisdiction as of the is Confession of Judgment. Once certified docket entries become available in ty, this judgment will be transferred to Dauphin County, York County and ity in the amount of $3,507,083.66. 3 18. Judgment is demanded as authorized by the Warrant of Attorney contained in the Note attached a Exhibit "A" and the Guaranty and Suretyship Agreement attached as Exhibit "B", in the amo? t of $3,507,083.66. 19. The Warrants appearing in the attached Mortgage Note and Guaranty and Suretyship Agreement are less than twenty (20) years old. 20. Integrity has taken all actions or complied with all conditions precedent to the filing of this action. WHERE?ORE, Plaintiff, Integrity Bank demands judgment against Defendants, Dyna Res, LLC, Hoyt Bangs and Alice P. Bangs, in the amount of $3,507,083.66 plus interest, which continues ?,o accrue in the amount of $728.35 per day from March 6 2009 forward, as authorized by th? Warrant appearing in the attached Mortgage Note Agreement, together with interest from the ate of judgment and costs. Respectfully submitted, j REAGER & ADLER, P.C. I Date: March 6, 009 AttomJH.dPP-ietrzz , Esquire y I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 Attorneys for Plaintiff, Integrity Bank 4 ?X? y.} R MORTGAGE NOTE $3,400,000 April 18, 2007 FOR LUE RECEIVED, DYNA RES, LLC, a Pennsylvania limited liability company (the "Borrower"), having an, address at 1054 Derwydd Lane, Berwyn, Pennsylvania 19312, promises to pay to the order of INTEGRITY BANK, a Pennsylvania banking institution, its successors an assigns (the "Bank"), in lawful money of the United States of America in immediately available funds at its offices located at 3345 Market Street, Camp Hill, Pennsylvania 17011, or at such other location as the Bank may designate from time to time, the principal sum f Three Million Four Hundred Thousand and 00/100 Dollars ($3,400,000) or so much thereof 4s may be disbursed by the Bank to the Borrower pursuant to the terms of a Construction/Permanent Loan Agreement of even date herewith by and between Bank and Borrower (the "Agreement"), together with interest accruing on the outstanding principal balance from the date hereof at the rate or rates hereinafter specified and any other sums which my be owing toy the Bank by the Borrower pursuant to this Note, as provided herein. Certain of the terms and conditions used in this Note are defined in the Agreement. The following additional terms shall apply to this Note: 1. ate of Interest. From the date hereof until the April 18, 2012 (the "Fixed Rate Period"), amounts outstanding under this Mortgage Note (this "Note") will bear interest at a fixed rate of Eig it Percent (8.00%) per annum (the "Fixed Rate"). Commencing April 18, 2012 and continuing ntil the Maturity Date (the "Floating Rate Period"), amounts outstanding under this Note will b ar interest at a floating rate (the "Floating Rate") which shall be at all times equal to One Pe cent (1.00%) in excess of the Prime Rate (as defined below). Interest ill be calculated on the basis of a year of 360 days for the actual number of days in each interest period. As used herein, "Prime Rate" shall mean the rate published from time to time as the "prime rate" in the Money Rates table of The Wall Street Journal. The Prime Rate does not necessarily reflect the lowest rate of interest actually charged by the Bank to any particular class r category of customers. If and when the Prime Rate changes, the Floating Rate will change automatically without notice to the Borrower, effective on the date of any such change. In no vent will the rate of interest hereunder exceed the maximum rate allowed by law. 2. P ment Terms. Principal and interest will be payable as follows: a. Commencing on May 18, 2007, and continuing on the same day of each month thereafter, monthly payments of principal and interest shall be due and payable based on the interest rate hen in effect, based on a twenty (20) year amortization. During the Floating Rate Period, principal and interest shall be due in consecutive monthly payments over the remaining term o the Loan and shall be scheduled by the Bank on an annual basis, based on the Prime Rate hen in effect. Bank shall have the absolute right to adjust the monthly payments at any ime during the Floating Rate Period to allow the Loan to.fully amortize over the remaining ter until the Maturity Date (as defined below). b. Any unpaid principal together with interest due thereon if not sooner paid shall be due an payable on April 18, 2027 (the "Maturity Date"). Notwithstanding the {A920236:2} foregoing or nything to the contrary herein, the Bank shall have the right to demand and enforce paym nt of the full principal balance outstanding, together with all accrued and unpaid interest at an time on each fifth (5) anniversary (each, an "Anniversary Date") of the date hereof. Bank hall be regyired to give Borrower written notice of its demand at least ninety (90) days prior tot a Anniversary Date. If any . ayment under this Note shall become due on a Saturday, Sunday or public holiday under he laws of the Commonwealth of Pennsylvania, such payment shall be made on the next succeeding business day and such extension of time shall be included in computing interest in connection with such payment. From and after the occurrence of an Event of Default (as hereinafte defined) the Borrower hereby authorizes the Bank to charge the Borrower's deposit accou t at the Bank for any payment when due. Payments received will be applied to charges, fees nd expenses (including attorneys' fees), accrued interest and principal in any order the Bank Imay choose, in its sole discretion. 3. ate Payments: Default Rate. If the Borrower fails to make any payment of principal, inter st or other amount coming due pursuant to the provisions of this Note within ten (10) calendar d ys of the date due and payable, the Borrower also shall pay to the Bank a late charge equal to five percent (5.00%) of the amount of such payment (the "Late Charge"). Such ten (10) day period shall not be construed in any way to extend the due date of any such payment. Upon maturity, whether by acceleration, demand or otherwise, and at the Bank's option upon the occurrence of any Event of Default (as hereinafter defined) and during the continuance thereof, this Note shall bear interest at a rate per annum (based on a year of 360 days and actual days elapsed) which shall be three percentage points (3.00%) in excess of the interest rate in effect from time to time under this Note but not more than the maximum rate allowed by law (the "Default Rate"). The Default Rate shall continue to apply whether or not judgment shall be entered on this Note. Both the Late Charge and the Default Rate are imposed as liquidated damages for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments, but are in addition to, and not in lieu of, the Bank's exercise of anyl rights and remedies hereunder, under the other Loan Documents or under applicable law, nd any fees and expenses of any agents or attorneys which the Bank may employ. In addi ion, the Default Rate reflects the increased credit risk to the Bank of carrying a loan that is in efault. The Borrower agrees that the Late Charge and Default Rate are reasonable forecasts of just compensation for anticipated and actual harm incurred by the Bank, and that the act al harm incurred by the Bank cannot be estimated with certainty and without difficulty. 4. P e a ment. During the Floating Rate Period, the Loan may be prepaid in whole or in pa without any prepayment fee. During the Fixed Rate Period, upon any prepayment by r on behalf of the Borrower (whether voluntary,- on default or otherwise), a prepayment fee the "Prepayment Fee") will be charged by the Bank. The Prepayment Fee shall be equal t five percent (5.00%) of the outstanding principal balance of the Note at the time of prepayment, if the prepayment occurs within one (1) year of the date hereof (the "First Year"). If the pr payment occurs after the First Year, the Prepayment Fee shall be reduced by one percent (1.)0%) for each complete year elapsed after the end of the First Year. Notwithstanding anything to the contrary, no Prepayment Fee shall be due or payable if Borrower prepay the Loan from internally generated funds, or if Borrower prepays the Loan witli-proceeds from the sale of the Mortgaged Property. 5. Other. Loan Documents. This Note is issued in connection with the Agreement, the Security Do uments and the other agreements and documents executed in connection {A920236:2} 2 therewith or r d ferred to therein, the terms of which are incorporated herein by reference (as amen ed, mo secured b t fed or renewed from time to time, collectively the "Loan Documents"), and is e t d y previously ma proper y escribed in the Loan Documents and by such other collateral as r have been Dr may in the futur b e e granted to the Bank to secure this Note. 6. deemed to be i Events 'of Default. The occurrence , of any of the following events will be an "Event of Default" under this Note: (i) the nonpayment of any principal nterest or othe which such pri , r indebtedness under this Note for a period of ten- (10) days following the date on ncipal, interest or other pa ment w d i or event of de y as ue; ( i) the occurrence of any other default ult and the lapse of any notice or cure period under any Loan Document or a other debt, lia Obligor of any ny ility or obligation to the Bank of any Obligor; (iii) the filing by or against any proceeding in bankru tc rec i hi conservatorshi p y, e vers p, insolvency, reorganization, liquidation, or similar proceeding (and, in the case of any such proceeding instituted against any O commencemen bligor, such proceeding is not dismissed or stayed within 60 days of the t thereof); (iv) any assignment by any Obligor for the b f t f levy, garnishm Obli or held b ene i o creditors, or any nt, attachment or similar proceeding is instituted against any property of any d o g of any Obligor or ep sited with the Bank; (v) a default with respect to any other indebtedness r borrowed money in excess of $25 000 or permit the , , if the effect of such default is to cause eleration of such debt; (vi) the commencement of any foreclosure or forfeiture i proceeding, a Obligor to the cution or attachment against any collateral securing the obligations of any cank; (vii) the entry of a final jud ment a i t and the failure g ga ns any Obligor in excess of $25,000 f such Obligor to discharge the judgment or oth i b lien resulting t erw se ond off any judgment erefrom within thirty (30) days of the entry thereof; (viii) any material advers change in an operations; (ix) e Obligor's business, assets, operations, financial condition or results of any Obligor ceases doing business as a going concern; (x) the revocation or attempted revo tion, in whole or in part, of any guarantee by any Guarantor; (xi) the death or legal incompet Obligor to the ncy -of any individual Obligor; (xii) any representation or warranty made by any ank in a L D evidencing or s ny oan ocument, or any other documents now or in the future curing the obligations of any Obligor to the Bank proves to be false er or misleading i observe or pe , , roneous any material respect as of the date made; or (xiii) any Obligor's failure to rm an Document or an y covenant or other agreement with the Bank contained in any Loan other documents now or in the future evidencin or se i th any Obligor to Guarantor and g cur ng e obligations of he Bank. As used herein, the term "Obligor" means the Borrower and the he ter "G " , Bank existing o m uarantor means any guarantor of the Borrower's obligations to the the date of this Note or thereafter. Upon th occurrence of an Event of Default: (a) the Bank shall be under no further obligation to make advances hereunder; (b) if an Event of Default specified in clause (iii) or (iv) above shall occur, the outstanding principal balance and accrued interest hereunder together with any additional amounts payable hereunder shall be immediately due and payable without demand or noti a of any kind; (c) if any other Event of Default shall occur, the outstanding principal balan and accrued interest hereunder together with any additional amounts payable hereunder, at the Bank's option and without demand or notice of any kind, may be accelerated and become im ediately due and payable; (d) at the Bank's option, this Note will bear interest at the Default R to from the date of the occurrence of the Event of Default; and (e) the Bank may exercise fr m time to time any of the rights and remedies available under the Loan Documents or u er applicable law. 7. Power to Confess Judgment. The Borrower hereby empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Borrower and, with or without complaint filed, confess judgment, or a series of (A920236:2) 3 judgments, against the Borrower in favor of the Bank or any holder hereof for the entire principal balance of this Note, all accrued interest and all other amounts due hereunder or under any of the other Loan Documents, together with costs of suit and an attorney's commission of the greater of 5% of such principal and interest or $5,000 added as a reasonable a orney's fee, and for doing so, this Note o? a copy verified by affidavit shall be a sufficie t warrant. The Borrower hereby forever waives and releases all errors in said procee ings and all rights of appeal and all relief from any and all appraisement, stay or axe tion laws of any state now in force or hereafter enacted. Interest on the principal bal nce portion of the judgment shall accrue at the Default Rate. No sir gle exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such ti a as the Bank shall have received payment in full of the debt, interest and costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (w ich is intruded in the warrant for purposes of establishing a sum certain), the amount attorne s fees that the Bank may recover from the Borrower shall not exceed the a ual attorneys' fees incurred by the Bank. 8. i ht of Setoff. In addition to all liens upon and rights of setoff against the Borrower's mo ey, securities or other property given to the Bank by law, the Bank shall have, with respect t the Borrower's obligations to the Bank under this. Note and to the extent permitted by la , a contractual possessory security interest in and a contractual right of setoff against, and th Borrower hereby assigns, conveys, delivers, pledges and transfers to the Bank all of the Borr er's right, title and interest in and to, all of the Borrower's deposits, moneys, securities and they- property now or hereafter in the possession of or on deposit with, or in transit to, the B ink, whether held in a general or special account or deposit, whether held jointly with someone Ise, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without deman upon or notice to the Borrower following the occurrence of an Event of Default. Every such rig it of setoff shall be deemed to have been exercised immediately upon the occurrence of a Event of Default hereunder without any action of the Bank, although the Bank may enter such setoff on its books and records at a later time. 9. iscellaneous. All notices, demands, requests, consents, approvals and other communication required or permitted hereunder must be in writing (except as may be agreed otherwise above with respect to borrowing requests) and will be effective upon receipt. Such notices and other communications. may be hand-delivered, sent by facsimile transmission with confirmation of elivery and a copy sent by first-class mail, or sent by nationally recognized overnight courie service, to the addresses for the Bank and the Borrower set forth above or to such other addr ss as either may give to the other in writing for such purpose. No delay or omission on the Bank's part to exercise any right or power arising hereunder will impair any such right or power or be considered a waiver of any such right or power, nor will the Bank's action or inactio impair any such right or power. No modification, amendment or waiver of any provision of this Note or consent to any departure by the Borrower therefrom will be effective unless made in writing signed by the Bank. The Borrower agrees to pay on demand, to the extent permitted by law, all costs and expenses incurred by the Bank in the enforcement of its rights in this Not and in any security therefor, including without limitation reasonable fees and expenses of the Bank's counsel. If any provision of this Note is found to be invalid by a court, all the other provisions of this Note will remain in full force and effect. The Borrower and all (A92o2ss:2) 4 other makers and indorsers of this Note hereby forever waive presentment, protest, notice of dishonor and notice of non-payment. The Borrower also waives all defenses based on suretyship or impairment of collateral. If this Note is executed by more than one Borrower, the obligations of such persons or entities hereunder will be joint and several. This Note shall bind the Borrower and its heirs, executors, administrators, successors and assigns, and the benefits hereof shall inure to the benefit of the Bank and its successors and assigns; provided, however, that the Borrower may not assign this Note in whole or in part without the Bank's written consent and the Bank any time may assign this Note in whole or in part. This N 'te has been delivered to and accepted by the Bank and will be deemed to be made in the Commonwealth of Pennsylvania. THIS NOTE WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF THE BANK AND THE BORROWER DETERMINED IN ACCORDANCE WITH THE LAWS OF COMMONWEALTH OF PENNSYLVANIA, EXCLUDING ITS CONFLICT OF LAWS RULES. The Borrower hereby irrevoc bly consents to the exclusive jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania;-provided that nothing contained in this Note will prevent the Bank from brin ing any.. action, enforcing any award or judgment or exercising any rights against the Borrower i dividually, against any security or against any property of the Borrower within any other coun , state or other foreign or domestic jurisdiction. The Borrower acknowledges and agrees tha the venue provided above is the most convenient forum for both the Bank and the Borrower. he Borrower waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Note. 10. "ER OF JURY TRIAL. THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE BOR OWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RE ATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES ,THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. i The Bor ower acknowledges that it has read and understood all the provisions of this Note, incl ding the confession of judgment and waiver of jury trial, and has been advised by cou sel as necessary or appropriate. WITNES the due execution hereof as a document under seal, as of the date first written above, with the intent to be legally bound hereby. BORROWER: WITNESS: DYNA RES, LLC, a Pennsylvania limited liability company By (SEAL) o . Bangs, nager 5 ?x?d-/ ? GUARANTY AND SURETYSHIP AGREEMENT THIS GPARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is dated April J_T, 2007 to b effective as of April 18, 2007, by HOYT W. BANGS and ALICE P. BANGS, husband and wife, adult individuals (collectively, "Guarantor"), who reside at 1054 Derwydd Lane, Berwyn, Pennsylvania 19312, in consideration of the extension of credit by INTEGRITY BANK, a Pennsylvania banking institution, its successors and assigns ("Bank"), with an address at 3345 Market Street, Camp Hill, Pennsylvania 17011 to HARRISBURG JET CENTER, INC , a Pennsylvania corporation (`Borrower"), and other good and valuable consideration, t e receipt and sufficiency of which are hereby acknowledged. 1, uaranty of Obligations. The Guarantor hereby guarantees, and becomes surety for, the prompt payment and performance of: all loans, advances, debts, liabilities, obligations, cotenants and duties owing by the Borrower to the Bank, of any kind or nature, present or futurle (including.pny interest accruing thereon after maturity, or after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding rela ing to the Borrower, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding), whether or not evidenced by any note, guaranty or other instrument, whether arising under any agreement, instrument or document, whether or not for the payment of oney, whether arising by reason of an extension of credit, opening of a letter of credit, loan, equipment lease or guarantee, under any interest or currency swap, future, option or other interes rate protection or similar agreement, or in any other manner, whether arising out of overdra s on deposit or other accounts or electronic funds transfers (whether through automated clea 'ng houses or otherwise) or out of the Bank's non-receipt of or inability to collect funds or otherwise not being made whole in connection with depository transfer check or other similar arrange ent% whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint or several, due or to become due, now existing or hereafter arisin , and any amendments, extensions, renewals or increases and all costs and expenses of th Bank incurred in the documentation, negotiation, modification, enforcement, collection or of erwise in connection with any of the foregoing, including reasonable attorneys' fees and expenses (collectively, the "Obligations"). If the Borrower defaults under any such Obligations, the Guarantor will pay the amount of the Obligations tote Bank. Until the Obligations are indefeasibly paid in full, Guarantor's liability hereunder shall not be reduced in any manner whatsoever by any amounts which the Bank may realize before or after maturity of the Obligations, by acceleration or otherwise, as a result of payments made by or on behalf of the Borrower or by or on behalf of any other person or entity other than the uarantor primarily or secondarily liable for the Obligations or any part thereof, or otherwise credit d to the Borrower or such person or entity, or as a result of the exercise of the Bank's rights wi h respect to any collateral for the Obligations or any part thereof. 2. ature of Guaranty; Waivers. This its a guaranty of payment and not of collection and t e Bank shall not be required, as a condition of the Guarantor's liability, to make any demand up n or to pursue any of its rights against the Borrower, or to pursue any rights which may be a ailable to it with respect to any other person who may be liable for the payment of the Obliaatio s. This is a absolute, unconditional, irrevocable and continuing guaranty and will remain in full force and a ct until all of the Obligations havo been indefeasibly paid in full, and the Bank has terminated his Guaranty. This Guaranty will remain in full force and effect even if there is {A92o257:2) no principal balance outstanding under the Obligations at a particular time or from time to time. This Guaranty will not be affected by any surrender, exchange, acceptance, compromise or release by the Bank of any other party, or any other guaranty or any security held by it for any of the Obligations by any failure of the Bank to take any steps to perfect or maintain its lien or security interest in or to preserve its rights to any security or other collateral for any of the Obligations or ny guaranty, or by any irregularity, unenforceability or invalidity of any of the Obligations or pny part thereof or any security or other guaranty, thereof. The Guarantor's obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, deduction or d fense based upon any claim the Guarantor may have against the Borrower or the Bank, except payment or performance of the Obligations. Notice df acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to ti , notice of default, diligence, presentment, notice of dishonor, protest, demand for payment, and any defense based upon the Bank's failure to comply with the notice requirements olthe applicable version of Uniform Commercial Code § 9-610 are hereby waived. The Guarantor Waives atl defenses based on suretyship or impairment of collateral. The Bark at any time and from time to time, without notice to or the consent of the Guarantor, andl without impairing or releasing, discharging or modifying the Guarantor's liabilities hereunder, may (a) change the manner, place, time or terms of payment or performance of pr interest rates on, or other terms relating to, any of the Obligations; (b) renew, substitute, modlify, amend or alter, or grant consents or waivers relating to any of the Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) apply any and all payments by whomever paid or however realized including any proceeds of any collateral, to an Obligations of the Borrower in such order, manner and amount as the Bank may determine in its sole discretion; (d) settle, compromise or deal with any other person, including the Borrower or the Guarantor, with respect to any Obligations in such manner as the Bank deems ap ropriate in its sole discretion; (e) substitute, exchange or release any security or guaranty; or ( take such actions and exercise such remedies hereunder as provided herein. 3. R a ments or Recovery from the Bank. If any demand is made at any time upon the Bank or the repayment or recovery of any amount received by it in payment or on account of any f the Obligations and if the Bank repays all or any part of such amount by reason of any ju gment, decree or order of any court or administrative body or by reason of any settlement or c mpromise of any such demand, the Guarantor will be and remain liable hereunder forte amount so repaid or recovered to the same extent as if such amount had never been rec ived originally by the Bank. The provisions of this section will be and remain effective notwith tanding any contrary action which may have been taken by the Guarantor in reliance upon such payment, and any such contrary action so taken will be without prejudice to the Bank's right hereunder and will be deemed to have been conditioned upon such payment having become nal and irrevocable. 4. Fi ancial statements. Unless compliance is waived in writing by the Bank or until all of the O ligations have been paid in full, the Guarantor will promptly submit to the Bank such information relating to the Guarantor's affairs (including but not limited to annual financial statements and tax returns for the Guarantor) or any security for the Guaranty as the Bank may reasonably request. 5. E forceabilit of Obli ations. No modification, limitation or discharge of the Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors tinder federal or state law will affect, modify, limit or discharge the Guarantor's {A920257:2} i 2 liability in any manner whatsoever and this Guaranty will remain and continue in full force and effect and will a enforceable against the Guarantor to the same extent and with the same force and effect as i? any such proceeding had not been instituted. The Guarantor waives all rights and benefits Which might accrue to it by reason of any such proceeding and will be liable.to the full extent hereunder, irrespective of any modification, limitation or discharge of the liability of the Borrower that Oay result from any such proceeding. 6. vents of.Default. The occurrence of any of the following shall be an "Event of Default": (i) any Event of Default (as defined in any of the Loan Documents); (ii) any default under any of t$e Loan Documents that does not have a defined set of "Events of Default" and the lapse of anlr notice or cure period provided in such Obligations with respect to such default; (iii) demand by the Bank under any of the instruments or agreements giving rise to any of the Obligations that have a demand feature; (iv) the Guarantor's failure to perform any of its obligations herleunder; (v) the falsity, inaccuracy or material breach by the Guarantor of any written warranty, representation or statement made or furnished to the Bank by or on behalf of the Guarantor;; or (vi) the ;termination or attempted termination of this Guaranty. Upon the occurrence of ?ny Event of Default, (a) the Guarantor shall pay to the Bank the outstanding amount of the Obligations; or (b) on demand of the Bank, the Guarantor shall immediately deposit with thO Bank, in U.S. dollars, the outstanding amount of the Obligations, and the Bank may at any timb use such funds to repay the Obligations; or (c) the Bank in its discretion may exercise with aspect to any collateral any one or more of the rights and remedies provided a secured party under the applicable version of the Uniform Commercial Code; or (d) the Bank in its discretion mby exercise from time to time any other rights and remedies available to it at law, in equity or otherwise. 7, tight of Setoff. In addition to all liens upon and rights of setoff against the Guarantor's m ey, securities or other property given to the Bank by law, the Bank shall have, with respect to ;the Guarantor's obligations to the Bank under this Guaranty and to the extent permitted by laOv, a contractual possessory security interest in and a contractual right of setoff against, and thle Guarantor hereby assigns, conveys, delivers, pledges and transfers to the Bank all of the; Guarantor's right, title and interest in and to, all of the Guarantor's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or in transit to, the Bank, whether held in a general or special account or deposit, whether held jointly with som one else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, acid trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to the Guarantor. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder without any action of the Bank, although the Bank may enter such setoff on its books and records at al later time. 8. lollateral. This Guaranty is secured by the property described in any collateral security docum nts which the Guarantor executes and delivers to the Bank and by such other collateral as pre iously may have been or may in the future be granted to the Bank to secure any obligations f the Guarantor to the Bank. 9. C sts. To the extent that the Bank incurs any costs or expenses in protecting or enforcing its rig is under the Obligations or this Guaranty, including reasonable attorneys' fees and the costs a d expenses of litigation, such costs and expenses will be due on demand, will be-included in the Obligations and will bear interest from the incurring or payment thereof at the Default Rate (as defined in any of the Obligations). i i {A92o257:2} 3 10. 1 Postponement of Subrogation. Until the Obligations are indefeasibly paid in full, the Guarantor irrevocably postpones and subordinates in favor of the Bank any and all rights which the Guarantor may have to (a) assert any claim against the Borrower based on subrogation ri?hts with respect to payments made hereunder, and (b) any realization on any property of the Borrower, including participation in any marshalling of the Borrower's assets. 11. Power to Confess Judgment. The Guarantor hereby empowers any attorney of a y court of record, after the occurrence of any Event of Default hereunder, to appear for t e Guarantor and, with or without complaint filed, confess judgment, or a series of jud ments, against the Guarantor in favor of the Bank for the amount of the Obligations, ogether with interest thereon at the Default Rate set forth in the Note, costs of suit and a attorney's commission of the greater of 5% of such principal and interest or $5,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and releases 11 errors in said proceedings and all rights of appeal and all relief from any and all appr isement, stay or exemption laws of any state now in force or hereafter enacted. No single exe cise of the foregoing power to confess judgment, or a series of judgments, shall be dee ed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and it may be exe cised from time to time as often as the Bank shall elect until such time as the Bank she If have received payment in full of the outstanding balance due on the Obligations arid costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is included in the warrant for purposes of establishing a sum certain),; the amount of attorneys' fees that the Bank may recover from the Guarantor shall not-exceed the actual attorneys' fees incurred by the Bank. 12. otices. All notices, demands, requests, consents, approvals and other communicatio s required or permitted hereunder must be in writing and will be effective upon receipt. Such notices and other communications may be hand-delivered, sent by facsimile transmission v#ith confirmation of delivery and a copy sent by first-class mail, or sent by nationally recognized overnight courier service, to the addresses for the Bank and the Guarantor set forth above or to such other address as one may give to the other in writing for such purpose. 13. treservation of Rights. No delay or omission on the Bank's part to exercise any right or power arising hereunder will impair any such right or power or be considered a waiver of any sluch right or power, nor will the Bank's action or inaction impair any such right or power. The Bank's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Bank may have under other agreements, at law or in equity. The Bank may Proceed in any order against the Borrower, the Guarantor or any other obligor of, or any collateral securing, the Obligations. 14. I A?ali . In case any one o r more of the provisions contained in this Guaranty should be inval l or unenforceable in any respect, the validity, legality and enforceability of the remaini g psions contained herein shall not in any way be affected or impaired thereby. 15. han es in Writing. No modification, amendment or waiver of any provision of this Guaranty n Or consent to any departure by the Guarantor therefrom, will be effective unless {A920257:2} 4 made in a writing signed by the Bank, and then such waiver or consent shall be effective only in the specific in tance and for the purpose for which given. No notice to or demand on the Guarantor in a0y case will entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance. 16. Entire Agreement. This Guaranty (including the documents and instruments referred to her in) constitutes the entire agreement and supersedes all other prior agreements and understan ings, both written and oral, between the Guarantor and the Bank with respect to the subject m tter hereof, provided, however, that this Guaranty is in addition to, and not in substitution for,j any other guarantees from the Guarantor to the Bank. 17. Successors and Assi ns. This Guaranty will be binding upon and inure to the benefit of the Jj- uarantor and the Bank and their respective heirs, executors, administrators, successors an assigns; provided, however, that the Guarantor may not assign this Guaranty in whole of in pa without the Bank's prior written consent and the Bank at any time may assign this Guaranty irk whole or in-part. 18. lhtemretation. In this Guaranty, unless the Bank and the Guarantor otherwise agree in writino, the. singular includes the plural and the plural the singular; references to statutes are to! be construed as including all statutory provisions consolidating, amending or replacing the siatute referred to; the word "or" shall be deemed to include "and/or", the words "including", "in ludes" and "include" shall be deemed to be followed by the words "without limitation"; and preferences to sections or exhibits are to those of this Guaranty unless otherwise indicated. Section headings in this Guaranty are included for convenience of reference only and shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed by more than one ;party as Guarantor, the obligations of such persons or entities will be joint and several. - 19. I demnity. The Guarantor agrees to indemnify each of the Bank, its directors, officers and a ployees and each legal entity, if any, who controls the Bank (the "Indemnified Parties") and hold each Indemnified Party harmless from and against any and all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or external counsel with hom any Indemnified Party may consult and all expenses of litigation or preparation therefor) which any Indemnified Party may incur or which may be asserted against any Indemnified Party as a result of the execution of or performance under this Guaranty; provided, however, that the foregoing indemnity agreement shall not apply to claims, damages, losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence or willful miscondyict. The indemnity agreement contained in this Section shall survive the termination of this Guaranty. The Guarantor may participate at its expense in the defense of any such claim.; 20. Governing Law and Jurisdiction. This Guaranty has been delivered to and accepted by the Bank and will be deemed to be made in the Commonwealth of Pennsylvania. THIS GUARANTY WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF THE BANK AND THE GUARANTOR DETERMINED IN ACCORDANCE WITH THE LAWS OF COMMONWEALTH OF PENNSYLVANIA, EXCLUDING ITS CONFLICT OF LAWS RULES. The Guarantor hereby irrevocably consents to the exclusive jurisd ction of the Court of Common Pleas of Cumberland County, Pennsylvania; provided that nothing contained in this Guaranty will prevent the Bank from bringing any action, enforcing any award or judgment or exercising any rights against the Guarantor individually, against any security or against any property of the Guarantor within any other county, state or other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the venue {A920257:2} 5 provided above is the most convenient forum for both the Bank and the Guarantor. The Guarantor waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Guaranty. 21. ual Credit Opportunity Act. If the Guarantor is not an "applicant for credit" under Section 02.2 (e) of the Equal Credit Opportunity Act of 1974 ("ECOA"), the Guarantor acknowledges that (i) this Guaranty has been executed to provide credit support. for the Obligations, an (ii) the Guarantor was not required to execute this Guaranty in violation of Section 202.7(0) of the ECOA. 22. 1 VIVER OF JURY TRIAL. THE GUARANTOR IRREVOCABLY WAIVES ANY AND ALL RIGHT THE GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE GUARANTOR ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The Guarantor acknowledges that they have read and understood all the provisions of t?is Guaranty, including the confession of judgment and waiver of jury trial, and has been odvised by counsel as necessary or appropriate. WITNESS the due execution hereof as a document under seal, as of the date first written above, u ith the intent to be legally bound hereby. WITNESS: GUARANTOR: .!` ? ? (SEAL) HOYT W. BANGS ?- F .?((' (SEAL) ALICE P. BANGS t1r {AS2o257:2) 6 Z?? 41- ? 14 c DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned: HOYT W. BANGS and ALICE P. BANGS 1054 Derwydd Lane Berwyn, Pennsylvania 19312 Lender: INTEGRITY BANK 3345 Market Street Camp Hill, Pennsylvania 17011 The undersigned have executed, and/or are executing, on or about the date hereof, a Guaranty and Suretyship Agreement, in respect of the obligations owed to Lender by DYNA RES, LLC, under which the undersigned is obligated to repay monies to Lender. A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF T?EIR RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY E ASSERTED AGAINST THEM BY LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, THE UNDERSIGNED HE EBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST THEM BY CONFESSION PURSUANT TO THE TERMS THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS UNDEO WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF THE UNDERSIGNED IN FILL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF THEIR RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THEIR RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UNDER APPLICABLE STATE 4ND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certifies that a representative of Lender specifically called the confession of judgment provisions in the above document to the attention of the undersigned, and/or that legal counsel represented the undersigned in connection with the above document. D. The Undersigned hereby certifies that their annual income exceeds $10,000; that all references to "the; undersigned" above refer to the persons signing below; and that the undersigned received a copy hereof at the time of signing. Dated April 2007 to be effective as of April 18, 2007. Witness 1 (SEAL) H W. ANGS Social Security No. 191-46-2399 /E? Lw? a-?, ---- (SEAL) ALICE P. BANGS Social Security No. 159-38-7846 {A920257:2) 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: On this the i day of April, 2007, before me, a Notary Public, the undersigned officer, personally appeared Alice P. Bangs, known to me (or satisfactorily proven) to be the individual who executed t e foregoing instruments, and duly acknowledged to me that she executed the same for the purposes therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Publi i (SEAL) My commission expires: ',. ?CIFASR?ts[;?xXCYYS?l4YT'.J.?',y?'?:"T-SrL'? ' CMD. t+ SEAL W '3T S' S. CH,..SMrjN moires May 10, 200 {A920257:2} 8 .'k COMMONWEAL,"TH OF PENNSYLVANIA ) (SS: COUNTY OF D V-(?--Kt-f- w O ) On this, the j 16'" day April, 2007 before me, a Notary Public, the undersigned officer, personally appeared Hoyt W. Bangs, known to me (or satisfactorily proven) to be the individual who executed the foregoing instrument and duly acknowledged to me that he executed the same for the purposes therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal Y2,; PublicU COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nina June Davis, Notary Public Larraflo 8M Cumberland County Y Commission E)ires OCL 31, 2010 EM Member, Pennsylvania Assoclation of Noteries VERIFICATION I, Robert !K. Day, hereby verify that I am the Executive Vice President of Integrity Bank, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my pe0onal knowledge, information and belief. I understand that false statements herein are made Subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ?X i i Date: 3-4 --e14, By: t / ob K. Day, Executive ice President t'ty Bank W WR v ?Y .x? REAGER & ADLER, P.C. BY:JOHN H. OIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: J ietrz c R a erAdlerPC.com BY: THOMA O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliwf's(a)Rea erAdlerPC com 2331 Market Street Camp Hill, PA 17011 Telephone: (711 763-1383 Facsimile: (717', 730-7366 Attorneys for Integrity Bank INTEGRITY BANK, Plaintiff V. DYNA RES, LI*C., HOYT W. BANGS and ALICE P. BANGS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. : CONFESSION OF JUDGMENT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter my, appearance for the above-named Defendants pursuant to the Warrant of Attorney contained in the Mortgage Note Agreement and/or Guaranty and Suretyship Agreement, attached hereto. Respectfully submitted, REAGER & ADLER, P.C. Date: March 6, ;2009 J . Pietrz , Esquire .;... cn l? -a REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: J ietrza Rea erAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twillimr ise.ReaizerAdlerPC com 2331 Market reet Camp Hill, PA ;17011 Telephone: (717) 763-1383 Facsimile: (717 730-7366 Attorneys for Iitte rite Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS, Plaintiff V. DYNA RES, LLC., HOYT W. BANGS and ALICE P. BANGS, Defendants CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CONFESSION OF JUDGMENT NOTICE ENDER RULE 29581 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Dyna Res, LLC A judgment in the amount of $3,501,094.05 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 already 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 bn you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. A _ YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT ? O A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICEI IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: March 6, X009 Pietrzak, squire AGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff, Integrity Bank Cl ° -r mop .-. ' y.:. -ri "? rrr? READER & APLER, P.C. BY:JOHN H. FIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jnietrzal 411eaggrAdlerPC corn BY: THOMAS 0. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twillia 's a,ReagerAdlerPC com 2331 Market Str6et Camp Hill, PA 117011 Telephone: (717 763-1383 Facsimile: (717)' 730-7366 Attorneys for 1*g_dly Bank INTEGRITY BANK, Plaintiff V. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION DYNA RES, LLC., HOYT W. BANGS and ALICE P. BANGS, Defendants : NO.?D CONFESSION OF JUDGMENT NOTICE UNDER RULE 29581 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Hoyt W. gangs and Alice P. Bangs A judgment in the amount of $3,501,094.05 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 already 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 SHOUL6TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW?ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BLOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: March 6, 2009 ()k 9'?? J H. Pietrzak, Esquire AGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff, Integrity Bank _= ??S? x . ?' - m b 1 i .. '% REAGER & ADLER, P.C. BY:JOHN H. IETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jnietrzak0.ReacrerAri1erPC nnm BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. loo. 67987 Email: TwilliamsaReagerAdlerPC com 2331 Market S*eet Camp Hill, PA 117011 Telephone: (70) 763-1383 Facsimile: (717) 730-7366 Attorneys for Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DYNA RES, LirC., HOYT W. BANGS and ALICE P. BANGS, : CIVIL ACTION NO. JUDGMENT TO: Dyna R@s, LLC Pursuant to 42 Pa.C.S.A. 273 you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 N.C.S.A. § 2737.1, you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959,, which is reproduced in full, on the following page. I Date: March 6, 2009 REAGER & ADLER, P.C. . Pietrza.k, Esquire 31 Market Street Camp Hill, PA 17011 (717) 763-1383 Defendants : CONFESSION OF JUDGMENT A .. , ''y. PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKINq OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in s0paragraph (2), all grounds for relief whether to strike off the judgment or to open it must be asseted 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 a written notice is served upon the petitioner pursuant to Rule 2959.1(c)(2) or Rule 2973.1(c)„ then 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 ddl ied. (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 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) he lien of the judgment of or any le or attachment shall be ?'3' preserved while the proceedings to shrike off or open the judgment are pending. N C Y 4 -4 REAGER & ADLER, P.C. BY:JOHN H. PI IETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzakd'?a,Rea eg rAdlerPGcom BY: THOMAS IO. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twillia0(&ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717), 730-7366 Attorneys for 1gJegd1y Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DYNA RES, LL, C., HOYT W. BANGS and ALICE P. BANGS, Defendants TO: Hoyt W. Bangs and Alice P. Bangs CIVIL ACTION NO. : CONFESSION OF JUDGMENT JUDGMENT Pursuant to 42 Pa.C.S.A. 2737. 1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 421?a.C.S.A. § 2737.1, you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959; which is reproduced in full, on the following page. REAGER & ADLER, P.C. Date: March 6, 2009 (I A? J H. Pietrzak, Esquire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 I w_. PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKINC* OFF OR OPENING JUDGMENT: PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to 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 a written notice is served upon the petitioner pursuant to Rule 2959.1(c)(2) or Rule 2973.1(c), then petition shall be filed within thirty days after such service. Unless the defendant can d$monstrate that there were compelling reasons for the delay, a petition not timely filed shall be dehied. (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 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 of or any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. -? ? .c? ?w i? Q`_ ??: ? - ? .. v :-t- ?? ?= ?- ? G? REAGER & ADLER, P.C. BY:JOHN H. P*TRZAK, ESQUIRE Attorney I.D. No. '79538 Email: J ietrzak Rea erAdlerPC.com BY: THOMAS . WILLIAMS, ESQUIRE Attorney I.D. No. '67987 Email: Twilliams ,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 163-1383 Facsimile: (717) 730-7366 Attorneys for Inte rites INTEGRITY BANK, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION DYNA RES, LLC. HOYT W. BANGS NO. D y` - 1l??v and ALICE P. BANGS, Defendants : CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE Commonwealth of Pennsylvania ) ss: County of Cumberland ) The undersigned, being duly sworn according to law, deposes and says that the Defendant(s) is/arie not in the Military or Naval Service of the United States or Allies, or otherwise within $he provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended: H. Pietrz , Esquire Sworn to and su ribed Be o e me this day of 2009. COMMONWEALTH OF PENNSYLVANIA ZjZe Notarial Seal eborsh L Brenneman, Notary Public Camp Hill Boro, Cumberland County N tary Public my Commission Expires June 18, 2010 Member Pennsylvania Association of Notaries C'? na rr m C° w a` `I O REAGER & A LER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. Nd. 79538 Email: J ietrzak Re erAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No'. 67987 Email: Twill_iamsARea eg rAdlerPC.com 2331 Market Street Camp Hill, PA 1;7011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Integrity Bank INTEGRITY BANK, Plaintiff V. DYNA RES, LL',C., HOYT W. BANGS and ALICE P. BANGS, Defendants Commonwealth of Pennsylvania ) ss: County of Cumberland ) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . NO. x- lgl?-U : CONFESSION OF JUDGMENT 4rw;f I, John I+I. Pietrzak, being duly sworn according to law, hereby state that the judgment being entered by confession is not being entered against a natural person in connection with a consumer credit transaction. > Jo . Pietrzak, squire Sworn to ands bscribed B M'L me this 0' day of .2009. IA otary Public Notarial Seal Deborah L Brenneman, Notary Public +lili Boro, Cumberland County My Commission Expires June 18, 2010 9 im, R VtS ? xs aC C3 C'? REAGER & LER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. Nd. 79538 Email: JpietrzakaReagerAdlerPC.com BY: THOMAS IO. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliamoa,Re?agerAdlerPC.com 2331 Market Strleet Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attornevs for Integritv Bank INTEGRITY BANK, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. DYNA RES, LLC., HOYT W. BANGS and ALICE P. PANGS, Defendants : CIVIL ACTION NO. ??.2b : CONFESSION OF JUDGMENT NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT !BY CONFESSION has been entered against you in the above proceeding and that enclosed h4rewith is a copy of all of the documents filed in support of said judgment. If you have any questions concerning this notice, please call John H. Pietrzak at (717) 763-1383. /S/ L- /` ` zn? Prothonotary le e?- 411 REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JpietrzakO, ea¢erAdlerPC com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twill iams(aR=erAdIerPC.co 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Inte¢rj( nk INTEGRITY BANK, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DYNA RES, LLC., HOYT W. BANGS and ALICE P. BANGS, CIVIL ACTION : NO. 09-1420 Civil Defendants TO THE PROTHONOTARY: CONFESSION OF JUDGMENT PRAECIPE Please reinstate the above-captioned Complaint. Respectfully submitted, REAGER & ADLER, P.C. Date: March 23, 2009 J H. Pie squi Attorney I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff i j s 3 0 d v °p i n • ? Sheriffs Office of Cumberland County R Thomas Kline $ r 01' t'lrtt1b, Edward L Schorpp Sheriff Solicitor Ronny R Anderson -< Jody S Smith Chief Deputy ICE OFTmE, SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 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: Dyna Res, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Chester County, PA to serve the within Complaint and Notice according to law. 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: Hoyt W. Bangs, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Chester County, PA to serve the within Complaint and Notice according to law. 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: Alice P. Bangs, but was unable to locate her in his bailiwick He therefore deputized the Sheriff of Chester County, PA to serve the within Complaint and Notice according to law. 04/15/2009 Chester County Return: And now April 15, 2009 I, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dyna Res, LLC by making known unto Alice P. Bangs, adult in charge at 1054 Derwydd Lane Berwyn, Chester County, Pennsylvania 19312 contents and at the same time handing to her personally the said true and correct copy of the same. 04/15/2009 Chester County Return: And now April 15, 2009 I, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Alice P. Bangs by making known unto herself personally, defendant at 1054 Derwydd Lane Berwyn, Chester County, Pennsylvania 19312 contents and at the same time handing to her personally the said true and correct copy of the same. 04/15/2009 Chester County Return: And now April 15, 20091, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Hoyt W. Bangs by making known unto Alice P. Bangs, adult in charge at 1054 Derwydd Lane Berwyn, Chester County, Pennsylvania 19312 contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $69.00 SO ANSWERS, 2009-1420 Integrity Bank April 24, 2009 VS R THOMAS KLINE, SHERIFF Dyna Res, LLC ALE D - -C) OF THEE 2009 APR 28 An t 1 193. ! r ITY jilfl rL:? ' l*'-l?'L%,tAt';r", In The Court of Common Pleas of Cumberland Integrity Bank Dyna Res, LLC 1054 Derwydd Lane Berwyn, PA 19312 VS SHERIFF'S COSTS Date )A -Q -C? $ 1,50 Paid Receipt No. Expiration date:9 Civil No. 2009-1420 Now, March 13, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service 1/3 Now, L , 20S, at a? o'clock f-M, served the within 0UMp*SfV1 upon. r at Id SV ?? ??Y?,v Ln1 drW&`11y' by handing to /4Lxonje, e. k6f4c-s a -71 copy of the original and made known to *I(--K, So answers"? ampwtvr the contents thereof. CJ of Sworn and sub cubed before me this 'Ada of /Z ,20q COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL L\Nest DVa' is - Notary Public hc`,`er 30ro., Chester County iMiSS'i0N EXPIRES DEC. 06, 2011 COSTS SERVICE MILEAGE AFFIDAVIT County, PA County, Pennsylvania acq -go'l -C 51ah Q OFFICE OF THE SHERIFF CH;STER COUNTY JUSTICE CENTER 201 W. MARKET STREET, SUITE 1201 PO BOX 2746 WEST CHESTER, PA 19380-0989 Receipt Type Case Receipt Number 378464 Outstanding Amount 0.00 Receipt Date 04/02/2009 Case Number 2009-80132-SOC Description INTEGRITY BANK VS. DYNAS RES, LLC et al Received From PIETRZAK, JOHN H On Behalf Of INTEGRITY BANK Itemized Listing: Description Amount ESCROW 150.00 Receipt Payments Amount Reference Description Check 150.00 068754 Total Received 150.00 Net Received 150.00 Change 0.00 Comments 3B1C Deputy Clerk RY Transaction Date 04/02/2009 13:08:58 J2 2?q 0% 1:7-' ME Fx- 71 Close Open_ _ Save ` Print Search Mailer Sumns SlctAI1 Deslct Failure Search Criteria ---- - Case Number 2009-80132-SOC A Tracking No Case Type ALL Issue Date Service Date Case Group ALL Return Date Party Name Operator Reprocess to to to to Service 6 -- COMPLAINT - CIVIL Reason ACTION Service PERSON IN CHARGE Method FSearch Results - ---- Case Number Party Party TypeReason Method Tracking Number !T 2009-80132-SOC DYNAS RES, LLC DFNDT 6 PIC C200901098 iT 2009-80132-SOC BANGS, HOYT W DFNDT 6 PIC C200901099 T 2009-80132-SOC BANGS, ALICE P DFNDT 6 PIC C200901100 i In The Court of Common Pleas of Cumberland County, Pennsylvania C90C9 -BC) 1 S Integrity Bank SHERIFF'S COSTS VS. Date - Alice P. Bangs Paid 1054 Derwydd Lane Receipt No. 1 Berwyn, PA 19312 Expiration date: -•••. Civil No. 2009-1420 Now, March 13, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service ?13 Now, 205 at 3- o'clock le-M, served the within Glq&T? upon at 10S4 ?Ocg .W y J. r?V (?rr' %/j/ by handing to 13J?o a -7-4 Ur"' copy of the original ?aMPf e?Nf and made known to &1-9- the contents thereof. So answers, 1 Sheriff of ?AL'W dt County, PA COSTS Sworn and subscribed before SERVICE me of Aped, ,2000 _ MILEAGE_ AFFIDAVIT, Nti'i NSY VANI I` S L Elisa { :;fslvi, ?-;rotary Public West CF >oru., Chester County MY COt?M "^i? _ ?:' RES DEC, 06, 2011 In The Court of Common Pleas of Cumberland County, Pennsylvania Integrity Bank Hoyt W. Bangs 1054 Derwydd Lane Berwyn, PA 19312 SHERIFF'S COSTS Vs. Date-IL ?-Q Paid Receipt No. a-A Expiration date, - - 9 3cc Civil No. 2009-1420 Now, March 13, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service 1113 Now, fi& & , 20 0 , at 3 o'clock M, served the within CO ?Giyi eo - upon lJ e-rE? D9 at by hand?rlg to_) a 2')tw? copy of the original C,0 M/l dV1v7- and made known to L VIL the contents thereof. So answers, 9 of Sworn and subcribed be ore me this _ !s day of 1 2040 Comm NWEALTH ?F PENNSYLVANIA e4 U Isa i West Chester Boro., Chester County MY COMMISSION EXPIRES DEC. 06, 2011 COSTS SERVICE MILEAGE AFFIDAVIT County, PA I 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INTEGRITY BANK Civil Action Plaintiff, No. 09-1420 V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, : Defendants. PETITION OF NATIONAL PENN BANK FOR LEAVE TO INTERVENE IN ACTION FOR THE PURPOSE OF FILING A PETITION TO STRIKE JUDGMENT BY CONFESSION AGAINST HOYT W. BANGS AND ALICE P. BANGS National Penn Bank ("NPB"), by and through its counsel, Klehr Harrison Harvey Branzburg & Ellers, LLP, hereby files this Petition (the "Petition") For Leave To Intervene In Action For The Purpose Of Filing Of A Petition To Strike Judgment By Confession (the "Integrity Judgment") Against Hoyt W. Bangs and Alice P. Bangs (collectively, the "Individual Defendants"), and in support hereof, avers as follows: THE PARTIES 1. The plaintiff in this matter is Integrity Bank ("Integrity"). 2. The defendants in this matter are the Individual Defendants and Dyna Res, LLC ("Dyna Res") THE INTERVENOR 3. NPB is a banking institution with an address of Philadelphia and Reading Avenues, Boyertown, Pennsylvania 19512. PHILI 847085-1 1 f ? THE UNDERLYING ACTION 4. On or about March 6, 2009 Integrity entered the Integrity Judgment against Dyna Res and the Individual Defendants. The amount of the Integrity Judgment is $3,507,083.66, plus interest from March 6, 2009. Copies of the papers filed by Integrity in support of the Judgment (collectively, the "Integrity Judgment Papers") are attached hereto collectively as Exhibit "1." 5. Integrity subsequently transferred the Integrity Judgment to, inter alia, the Chester County Court of Common Pleas, (b) Dauphin County Court of Common Pleas, (d) York County Court of Common Pleas. 6. The Integrity Judgment against the Individual Defendants is based on a warrant of attorney in a Guaranty and Suretyship Agreement executed by the Individual Defendants on April 17, 2007 (the "Integrity Guaranty"). See Exhibit "B" to the Complaint in Confession of Judgment attached as part of the Integrity Judgment Papers. 7. According to the Complaint in Confession of Judgment, the Individual Defendants guaranteed the obligations of Dyna Res to Integrity, even though the Integrity Guaranty states only that the Individual Defendants are guaranteeing the obligations of the Harrisburg Jet Center, Inc. ("HJC"), not Dyna Res. See Exhibit "1" attached hereto. NPB'S JUDGMENT 8. On or about April 8, 2009, NPB entered a judgment by confession against the Individual Defendants in the amount of $17,048,274.49, plus interest from and after March 31, 2009, in the Cumberland County Court of Common Pleas at the action captioned as National Penn Bank f/t/a Firstservice Bank v. Hoyt Bangs and Alice P. Bangs, Civil Action No.: 09-2208 (the "NPB Judgment"). NPB incorporates herein by this reference the filings related to the NPB Judgment. 2 PHILI 847085-1 9. NPB is in the process of transferring, or has already transferred, the NPB Judgment to one or more other Counties in the Commonwealth. 10. The lien of the Integrity Judgment is currently prior in time and seniority to the lien of the NPB Judgment. THE INTEGRITY JUDGMENT AGAINST THE INDIVIDUAL DEFENDANTS IS FATALLY DEFECTIVE 11. The Integrity Judgment against the Individual Defendants is fatally defective because, amongst other things, and by its explicit terms, the Integrity Guaranty does not secure the obligations of Dyna Res. 12. To the contrary, the Integrity Guaranty, on its face, states that it is being given to secure the obligations owed by HJC to Integrity. See Integrity Guaranty (Exhibit "B" to the Complaint in Confession of Judgment attached as part of the Integrity Judgment Papers). 13. The Integrity Guaranty nowhere makes any mention of Dyna Res. Id. 14. The warrant of attorney in the Integrity Guaranty only permits the entry of judgment by confession for the "amount of the Obligations", which are defined as amounts owed by HJC, and not Dyna Res to Integrity. Id. at Sections 1 and 11. 15. The warrant of attorney, which pursuant to the longstanding law of this Commonwealth, must be construed strictly, in accordance with its terms, does not authorize the entry of a judgment for any sums owed by Dyna Res. 16. The entry of the Integrity Judgment against the Individual Defendants therefore exceeds the scope of the warrant of attorney in the Integrity Guaranty. 3 PHILI 847085-1 17. The record filed by Integrity in support of the Integrity Judgment against the Individual Defendants is therefore not self-sustaining, is fatally defective, and should, respectfully, be stricken. 18. At the time it filed the Judgment papers, Integrity realized that this fatal defect existed and attempted to address the fatal defect by attaching a so-called "Disclosure For Confession of Judgment" (the "Disclosure") as Exhibit "C" to the Complaint In Confession Of Judgment attached at part of the Judgment Papers. 19. Integrity then plays a clever shell game to try and distract the Court from the only salient and dispositive fact: the warrant of attorney as drafted does not permit the entry of judgment by confession against the Individual Defendants for any obligations owed by Dyna Res to Integrity. 20. Integrity claims that the Disclosure's reference to a guaranty of the Dyna Res obligations proves that the Individual Defendants executed the Integrity Guaranty to guarantee the obligations of Dyna Res, not HJC. See Complaint in Confession of Judgment at ¶ 6. 21. This claim and Integrity's attempts to rewrite the warrant of attorney to authorize the entry of the Judgment are insufficient to cure the fatal defects in the record that require the Integrity Judgment against the Individual Defendants to be stricken. This is especially true given the unambiguous language of both the Integrity Guaranty and the Disclosure. 22. First, the Disclosure merely states that the Individual Defendants have executed a Guaranty and Suretyship Agreement "in respect of the obligations owed to [Integrity] by Dyna Res." 4 PHILI 847085-1 23. Whilst this may be the case, there is nothing in the Disclosure to suggest that the Integrity Guaranty pursuant to which the Integrity Judgment was entered against the Individual Defendants is the Guaranty and Suretyship Agreement referred to in the Disclosure - there may very well be two separate guaranties, and there is nothing in the record that establishes otherwise. 24. The Integrity Guaranty states that it "(including the documents and instruments referred to [t/herein) constitutes the entire agreement and supersedes all other prior agreements and understandings, written and oral between" Integrity and the Individual Defendants. See Integrity Guaranty at Section 16 (emphasis added). 25. The Disclosure is neither part of nor referred to in the Integrity Guaranty. 26. Integrity's reliance on the Disclosure to explain away the clear language of the Integrity Guaranty requires this Court to ignore Section 16 of the Integrity Guaranty (which Integrity drafted) entirely, in direct contravention of controlling contract law. 27. Integrity's reference to the Disclosure is also an appeal to the Court to use extrinsic evidence to interpret the unambiguous Integrity Guaranty. 28. Extrinsic evidence may only be used to assist in the interpretation of an ambiguous contract. 5 PHILI 847085-I 29. Furthermore, the claim that the Individual Defendants intended to be guarantors of the obligations of Dyna Res, not HJC, is in direct contravention of (a) controlling law requiring contractual intent to be determined by the examination of the relevant contractual language, and (b) the Statute of Frauds, which requires any guaranty of obligations to be in writing to be valid. 30. Moreover, the issue of the obligations guaranteed by the Integrity Guaranty is separate from the issue of the validity of the Integrity Judgment against the Individual Defendants. 31. Even if the Integrity Guaranty was intended to refer to Dyna Res, a warrant of attorney cannot be created by implication, so that, at best, Integrity might be able to file suit against the Individual Defendants, but would still not be permitted to extend the scope of the written warrant of attorney based on an unexpressed intent, on contractual modification pursuant to interpretation, or on implication. 32. Allowing Integrity to obtain and retain the Integrity Judgment by confession based upon the implication that the warrant of attorney in the Integrity Guaranty somehow, in spite of its explicit language, was intended to authorize the entry of a judgment by confession against the Individual Defendants for obligations owed by Dyna Res to Integrity, would be to foist upon the Individual Defendants a warrant of attorney they did not sign, and would go against centuries of law relating to the interpretation and enforcement of warrants of attorney. 6 PHIL1 847085-1 THE STANDARD FOR INTERVENTION 33. Under Pennsylvania Rule of Civil Procedure 2327(4), a person shall be permitted to intervene if "the determination of such action may affect any legally enforceable interest of such person whether or not such person may be bound by a judgment in the action." Pa.R.C.P. 2327(4). 34. Intervention is proper here because NPB is seeking relief from the effect of a void Integrity Judgment that, if allowed to stand, would have superior lien priority to the valid NPB Judgment in several Counties throughout this Commonwealth. 35. Additionally, public policy requires that only valid exercises of warrants of attorney to confess judgment should be protected, and that judgments by confession based upon implication or in contradiction of the scope of the warrant of attorney should be stricken. 36. An application to intervene may be refused under Pennsylvania Rules of Civil Procedure 2329 only if (1) the claim or defense of the petitioner is not in subordination to and in recognition of the propriety of the action; or (2) the interest of the petitioner is already adequately represented; or (3) the petitioner has unduly delayed in intervening, or the intervention will unduly delay, embarrass or prejudice the adjudication of the rights of the parties. 37. The claim raised by NPB is in subordination to and in recognition of the propriety of the underlying action. NPB does not contest the right of Integrity to enter a judgment by confession pursuant to the terms of a valid warrant of attorney or in accordance with law, but does contest Integrity's exercise of the warrant of attorney in the Integrity Guaranty to enter a judgment against the Individual Defendants for obligations owed by Dyna Res to Integrity. 7 PHIL1 847085-1 38. The interest of NPB is not represented at all in this matter. No Petition to Strike the Integrity Judgment against the Individual Defendants has been filed by any other person. 39. NPB has not unduly delayed in requesting intervention in this action. NPB only learned of the Integrity Judgment in May 2009, and did not obtain a copy of the Judgment Papers and determine that the Integrity Judgment against the Individual Defendants was fatally defective until a few weeks ago. 40. Additionally, because the Integrity Judgment against the Individual Defendants is void, as a matter of law there is no time limit in which to request that it be stricken. 41. Intervention will not delay, embarrass, or prejudice the parties to this action, as the Integrity Judgment has only recently been entered, and, upon information and belief, no significant action has been taken by the other parties since the date of filing of the Judgment. RELIEF SOUGHT 42. If permitted to intervene, NPB intends to file a Petition to Strike the Integrity Judgment against the Individual Defendants in the form attached hereto as Exhibit "2." 43. NPB seeks leave to intervene in this action to file a Petition to Strike the Integrity Judgment against the Individual Defendants. 44. Undersigned counsel spoke to Nedric L. Nissley, Esquire, counsel for Integrity, on June 23, 2009 and requested Integrity's consent to the relief requested in this Petition. Integrity declined to grant its consent. 45. Upon information and belief, no Judge of this Court has ruled upon any other matter in this action. 8 PHIL I 847085-1 WHEREFORE, the petitioner, National Penn Bank respectfully requests that its Petition to Intervene in the above-referenced proceedings be granted after a hearing thereon. Dated: June 23, 2009 Respectfully submitted, KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS B. Shahan G. Teberian Atty. I.D. No.: No. 69407 260 S. Broad Street Philadelphia, PA 19102-5003 Attorneys For The Petitioner 9 PHILI 847085-I REAGER LER, P.C. BWOHN H. ESQUIRE Attorney I.D. NJ. 79538 Email: . c BY: TBOMAS . WILLIAMS, ESQUIRE Attorney I.D. N . 67987 Email: Twilli=k@ReWuMerPC.com 2331 Market ?t Camp Hill, PA ? 7011 Tell: (717 763-1383 Facsimile: (711730-7366 Attorneys for Intowity ank INTEGRITY BANK, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. DYNA RES, HOYT W. BANGS and ALICE P. HANGS, Defendants CIVIL ACTION . NO. : CONFESSION OF JUDGMENT NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT OY CONFESSION has been entered against you in the above proceeding and that enclosed h#ewith is a copy of all of the documents filed in support of said judgment. If you have any questipns concerning this notice, please call John H. PietrzA at (717) 763-1383. is/ &'k - 'At P. ,ed" 41 Prothonotary 1,e4, REAGER d? LER, P.C. BYJOHN H. ESQUIRE Attome4LDNI., I.D. 9538 Ai id nwAdJuPC-com Email: BY: TWILLIA,MS, ESQUIRE Attorne7987 Email: 2331 MCamp 11 Telephone: (7171763-1393 Facsimile: (717) 730-7366 INTEGRITY Plaintiff 1 v. DYNA RES, L ., HOYT W. BANGS and ALICE P. B GS, I Defendants : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CONFESSION OF JUDGMENT TO THE PROTHONOTARY: Kindly e* judgment by confession in the above-captioned matter for the plaintiff and against the Defendants, and assess damages in the amount of $3,507,083.66, plus interest from March 6, 2009, follows: Accelerated 'pal: $3,277,555.59 Prini Late Fees on mis ad payments: . 5,691.56 Interest through 6/09: 56,819.70 (plus $728.35 per day after 3/6/09) AttorwVs fees 167,016-81 Total: $3,507,083.66 (plus $728.35 per day after 3/6/09) Respectfully submitted, ER & ADLER, C. Date: March 6, 009 . Pietrzak, Esquire rney for Defendants REAGER & LER, P.C. BY:JOHN H. ESQUIRE Ahmney I.D. N .79538 Email: com BY: TSOMAS ESQUIRE Attorney LD. N .67987 Email: AdlerPC.com 2331 Mulcc;t S Camp Hill, PA 1 011 Telephone: (71 763-1383 Facsimile: (717) 730-7366 INTEGRITY BA NK, : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION DYNA RES, ., HOYT W. BANGS : NO. 6 / - N-26 and ALICE P. B GS, Defendants : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant Jo the authority in the Warrant of Attorney, the original or a copy of which is attached to the C+mplaint filed in this action, I appear for the Defendants and confess judgment in favor of the P*tiff and against Defendants as follows: Accelerated 'Pal: $3,277,555.59 Late Fees on mi payments: 5,691.56 Interest through 6/09: 56,819.70 (plus $72835 per day after 3/6/09) AnmneVs fees 167.016.81 Total: Date: March 6, $3,507,083.66 (plus $728.35 per day after 3/6109) Respxtfully submitted, REAGER & ADLER, P.C. . Pieftak, F,squcce ttomey for Defendants e REAGER di LER, P.C. BY:JOE N K ESQUIRE Attorney I.D. .79538 Eand: I cm BY: THO O. *ULIAMS, ESQUIRE Attorney I.D. N .67987 Email: T Adl .coin 2331 Market S Camp Hill, PA 7011 Telephone: (71 763-1383 Facsimile: (71 730-7366 INTEGRITY B+NK, : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff i v. : CTVII, ACTION DYNA RES, ., HOYT W. BANGS : NO. V / -)T2o and ALICE P. GS, Defendants : CONFESSION OF JUDGMENT COMPLAM IN CONFESSION OF JUDGMENT 1. P*ti$ Integrity Bank (hereinafter "Integrity") is a Pennsylvania Financial Institution with 4 mailing address of 3345 Market Street, Camp Hill, Pennsylvania 17011. 2. Iefendant Dyna Res, LLC (hereinafter "Dyne Res") is a Pennsylvania Limited Liability Corpoi4tion, with a mailing address of 1054 Derwydd Lane, Berwyn, Pennsylvania 19312. 3. Wendants Hoyt W. Bangs and Alice P. Bangs, husband and wife, are sdult individuals, with an address of 1054 Derwydd Lane, Berwyn, Pennsylvania, 19312. 4. O? April 18, 2007, Integrity and Dyna Res entered into a Mortgage Note Agreement (hereinafter the "Note', in conjunction with a Construction/Permanent Loan i Agreement of d1p some date. Under the terms of the Note, Integrity agreed to lend Dyna Res the principal amount of $3,400,000.00 and Dyna Res agreed to repay the Note amount in monthly installments of *incipal and interest that would begin on May 18, 2007 and continue until April 28, 2027. A ft* and correct copy of the April 18, 2007 Mortgage Note is attached hereto as Exhibit "A". 5. *yt W. Bangs and Alice P. Bangs (hereinafter, collectively "the Bangs") executed a Gu+ty and Suretyship Agreement (hereinafter the "Guaranty Agreement'l on April 17, 2007, as indiodual guarantors, obligating themselves individually to all of the duties and obligations of I4rrisburg Jet Center, Inc. to Integrity. The Guaranty Agreement contains a confession of judgment and warrant of attorney. A true and correct copy of the Guaranty and Suretyship Agreement is attached hereto as Exhibit "B". 6. 00 or about April 18, 2007, the Bangs signed a Disclosure for Confession of Judgment aclmo*ledging that they had executed the Guaranty Agreement in respect of the obligations owed1to Integrity by Dyna Res, LLC. A true and correct copy of the Disclosure for Confession of Judgment is attached hereto as Exhibit "C". 7. T4is is an action to confess judgment for damages arising out of Dyna Res' default under the terms of the Note. 8. Dy na Res has defaulted under the terms of the Note by failing to pay the principal and interest payn* is due on January 18, 2009 in the amount of $28,457.83 and February 18, 2009 in the mw* of $28,457.83. 9. Under, the terms of the Note, upon Dyna Res' default for failure to pay monthly principal and interest payments, Integrity is entitled to declare the entire principal amount as well as any accrued un*d interest to be immediately due and payable. 2 10. nder the terms of the Note, upon Dyna Res' default, Dyna Res must pay late charges in the of 5.0°x6 of the amount of the missed payments, in the amount of $2,845.78 for each missed Osyment in January and February 2009. 11. 14nder the terms of the Note, upon Dyna Res' default, the interest rate on the principal incomes fiom 8.01YO to 11.0%. 12. D?= Res has not paid any amount due under the Note since December 2008. 13. T e total balance due including accelerated principal and accrued, unpaid interest, late charges and ? torney's fees of 5.0% as set forth in the Warrant of Attorney in the Note attached as Exhibit "A", as of Friday, March 6, 2009 is as follows: All lcsated Principal: $3,277,555.59 Fees on missed payments: 5,691.56 through 3/6109: 56,819.70 A WM's few 167,016.81 T tal: $3,507,083.66 14. In west on the principal continues to accrue at an amount of $728.35 per day after March 6, 2009. 15. T?e Note under which judgment is being confessed has not been assigned. 16. Judgment is not being entered by confession of judgment against a natural person in connection with a consumer credit transaction. 17. Judgment upon the Note has not been entered in any other jurisdiction as of the date of filing of ' Confession of Judgment. Once certified docket entries become available in Cumberland Coin , this judgment will be trandmTed to Dauphin County, York County and Montgomery in the amount of $3,507,083.66. 3 18. is demanded as authorized by the Warrant of Attorney contained in the Note attached Exhibit "A" and the Guaranty and Suretyship Agreement attached as Exhibit "B", in the am+t of $3,507,083.66. 19. the Warrants appearing in the attached Mortgage Note and Guaranty and Suretyship A are less than twenty (20) years old 20. 'ty has taken all actions or complied with all conditions precedent to the filing of this acti?n. WHERE?ORE, Plaintiff, Integrity Bank demands judgment against Defendants, Dyna Res, LLC, Hoyt W. Bangs and Alice P. Bangs, in the amount of $3,507,083.66 plus interest, which continues 0 accrue in the amount of $728.35 per day from March 6, 2009 forward, as authorized by interest from the Warrant appearing in the attached Mortgage Note. Agreement, together with of judgment and costs. Respectfully submitted, REAGER dt ADLER, P.C. Date: March 6, at. lkl?z, pal Om - - J -ZLF H. icrtn Esquire ttorney I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 Attorneys for Plaintiff, Integrity Bank ?x?ti? ? MORTGAGE NOTE ,400,000 Aprli 18, 2007 FOR UE RECEIVED, DYNA RES, LLC, a Pennsylvania limited liability company (the "Borrow ), having an.address at 1054 Derwydd Lane, Berwyn, Pennsylvania 19312, promises to to the order of INTEGRITY BANK, a Pennsylvania banking institution, its sucoessom a assigns (the "Bank"), in lawful money of the United States of America in Immediately liable funds at its offices located at 3345 Market Street, Camp Hill, Pennsylvania 11, or at such other location as the Bank may designate from time to tkne, the principal sum Three Million Four Hundred Thousand and 00/100 Dollars ($3,400,000) or so may be disbursed by the Bank to the Borrower pursuant to the terms of a much thereotin Consbvction/enent.Loan Agreement of even date herewith by and between Bank and Bommer (the "Agreinwifit"), together with interest accruing on the outstanding principal balance from date hendof at the rate or rates hereinafter specified and any other sums which my be owing to the Bank by the Borrower pursuant to this Mote, a6 provkied herein. Certain of the terms and I conditions used In this Note are defined In the Agreement. The following additional t" shall apply to this Note: 1. Interest From the date hereof until the April 18, 2012 (the "Fixed Rate Period"). a is outstanding under this Mortgage Note (this "Note") will bear interest at a fixed rate of Ey t Percent (8.0096) per annum (the "Fined Rate"). Commencing April 18, 2012 and continuing ntil the Maturity Date (the "Floating Rate Period"), amounts outstanding under this Note will r interest at a floating rate (the "Floating Rate") which shall be at all times aqual to One Pe nt (1.00°16) In excess of the Prim Rate (as defined below). Interest II be calculated on the basis of a year of 360 days for the actual number of searily days in each int rest period. As used herein, "Prime Rate" shall mean the rate published from time to time as e'prime rate" In the Money Rates table of The Waft Sb W Journal. The Prime reflect the lowest rate of Interest actually charged by the Bank to any Rate does not n particular class r category of customers. If and when the Prime Rate changes, the Floating Rate will change automatically without notice to the Borrower, effective on the date of any such change. In no vent will the rate of Interest hereunder exceed the maximum rate allowed by law. 2. Pjvment Terms. Principal and interest will be payable as follows: ait Commencing on May 18, 2007, and continuing on the same day of each month thereafteonthly payments of principal and interest shall be due and payable based on the Interest rate n in effect, based on a twenty (20) year amortization. During the Floating Rate Period, ppal and interest shall be due in consecutive monthly payments over the remaining term e Loan and shall be scheduled by the Bank on an annual basis, based on the Prime Rate hen in effect. Bank shall ' have the absolute right to adjust the monthly payments at any me during the Floating Rate Period to allow the Loan to.fully amortize over the remaining until the Maturity Date (as defined below). b. Any unpaid principal together with Interest due thereon if not sooner paid shall be due an payable on April 18, 2027 (the "Maturity Date"). Notwithstanding the 092==.21 foregoing or OnYthing to the contrary herein, the Bank shall have the right to demand and enforce of the full principal balance outstanding: together with all accrued and unpaid interest at time on each fifth (5'') anniversary (each, an "Anniversary Dabs") of the date hereof. Bank be reg4kvd to give Borrower written notice of its demand at least ninety (90) days prior to Anniversary Date. If any. . yment under this Note shall become due on a Saturday, Sunday or public holiday under- laws of the Commonwealth of Pennsylvania, such payment shall be made on the next s business day and such extension of time shall be Included In. computing interest in with such payment. From and after the occurrence of an Event of Default (as hereinaf a defined) the Borrower hereby authorizes the Bank to charge the Borrower's deposit a t at the Bank for any payment when due. Payments received will be applied to charges, fees nd expenses (including atlomeys' fees), accrued Interest and principal in any order the Banklmay choose, in Its sole discretion. 3, : Default Rats. If the Borrower falls to make any payment of principal, intere st or other amount coming due pursuant to the provisions of this Note within ten (10) calendar ys of the- date due and payable, the Borrower also shall pay to. the Bank a late charge equal tb five percent (5.0096) of the amount of such payment (the "Lett Charge"). Such ten (10) y period shall not be oonstrued In any way to extend the due date of any such payment. U maturity, whether by acceleration, demand or otherwise, and at the Bank's option upon occurrence of any Event of Default (as. hereinafter defined) and during the continuance , this Note shall bear Interest at a rate per annum (based on a year of 380 days and a al days elapsed) which shall be three percentage points (3.0096) in excess of the interest ra in effect from time to time under this Note but not more than the maximum rate allowed by law the "Default Raft"). The Default Rate shall continue to apply whether or not judgment shell be entered on this Note. Both the Lab Charge and the Default Rate are imposed as Rq led damages for the purpose of defraying the Bank's expenses incident to the handling o delinquent payments, but are in addition to, and riot In Neu of, the Bank's exercise of an rights and remedies hereunder, under the other Loan Documents or under applicable lsw, nd any fees and expenses of any agents or attorneys which the Bank may employ. In add 00n, the Default Rate reflects the increased credit risk to the Bank of carrying a loan that is In ult. The Borrower agrees that the Late Charge and Default Rate are reasonable form sts of just compensation for anticipated and actual harm incurred by the Bank, and that the se t al harm incurred by the Bank cannot be estimated with certainty and without difficulty. ; 4. P During the Floating Rate Period, the Loan may be prepaid In whole or in pa without any prepayment fee. During the Fixed Rate Period, upon any prepayment by r on behalf of the Borrower (whether voluntary, on default or otherwise), a prepayment fee the "Prepayment Fee") will be charged by the Bank. The Prepayment Fee shall be equal t fare percent (5.0096) of the outstanding principal balance of the Note at the time of prepaym if the prepayment occurs within one (1) year of the date hereof (the "First Year"). If the t occurs after the First Year, the Prepayment Fee shall be reduced by one percent (1. %) for each complete year elapsed after the end of the First Year. Notwithstanding anything to the contrary, no Prepayment Fee shall be due or payable if Borrower preps the Loan from internally generated funds, or if Borrower prepays the Loan wittrproceeds the safe of the Mortgaged Property. 5. 2wE Loan Documents. This Note is issued In connection with the Agreement, the Security umerrts and the other agreements and documents executed in connection {nei0236:4 1 2 therewith or erred to therein, the terms of which are incorporated herein by reference (as amended, m or renewed from time to time, collectively the "Loan Documents"), and is secured by properly described in the Loan Documents and by such other collateral as previously ma have been or may in the future be granted to the Bank to secure this Note. 6. ag& The occurrence. of any of the following events will be deemed to an vent . of Default" under this Nate: (1) the nonpayment of any principal, interest or tedness under this Note for a period of ter} (10) days following the date on which such nterest or other payment was due; (R) the occurrence of any other default or event of f the lapse of any notice or cure period under any Loan Document or any other debt obligation to the Bank of any Obligor; (iii) the filing by or against any Obligor of ding in bankruptcy, receivership, insolvency, reorganization, liquidation, consenrato milar proceeding (and, In the case of any such proceeding Instituted against an such proceeding is not dismissed or stayed within 60 days of the commenoe thereof); (iv) any assignment by any Obligor for the benefit of creditors, or any levy, gamishm nt, attachment or similar proceeding Is instituted against any property of any Obligor held or deposited with the Bank; (v) a default with respell to any other indebtedness of any Obligor or borrowed money in excess of $25,000. If the effect of such default is to cause or permit the a leration of such debt; (vi) the commencement of any foreclosure or forfeiture proceeding, n or attachment against any collateral securing the obligations of any Obligor to the nk; (vii) the entry of a final judgment against any Obligor in excess of $25,000 and the failure such Obligor to discharge the judgment or otherwise bond off any judgment lien resulting within thirty (30) days of the entry thereof; (viii) any material adverse change in an Obligors- business, assets, operations, financial condition or results of operations; (ix) any Obligor ceases doing business as a going concern; (x) the revocation or attempted tion, in whole or in part, of any guarantee by any Guarantor, (A) the death or legal incompet. of eny individual Obligor, (ril) any representation or warranty made by any Obligor to the ark In any Loan Document. or any other documents now or in the future evidencing or curing the obligations of any Obligor to the Bank, proves to be false, erroneous or misi?ding any material respect as of the date made; or (rill) any Obl'igor`s failure to observe or pie any covenant or other agreement with the Bank contained in any Loan Document or a ' other documents now or in the future evidencing or securing the obligations of any Obligor to Bank. As used herein, the term "Obligor" means the Bong and the Guarantor, and tern "Guarantor" means any guarantor of the Borrower's obligations to the Bank existing the date of this Note or thereafter. Upon 1 occurrence of an Event of Default: (a) the Bank shall be under no further obligation to ma a advances hereunder (b) if an Event of Default specified In clause (iii) or (iv) above shall oc *. the outstanding principal 'balanoe and accrued interest hereunder together with any nffi* l amounts payable hereunder shall be immediately due and payable without demand o of any kind; (c) If any other Event of Default shall occur, the outstanding principal balan and accrued Interest hereunder together with any additional amounts payable hereunder, at Bank's option and without demand or notice of any kind, may be accelerated and become im lately due and payable; (d) at the Bank's option, this Note will bear interest at the Default a from the date of the occurrence of the Event of Default; and (e) the Bank may exercise time to time any of the rights and remedies available under the Loan Documents or or applicable law. 7. P r o • The Borrower heroby empowers any attorney of any court of cord, after the occurrence of any Event of Default hsroundsr, to appear for the Borrow and, with or w[thout complaint filed, confess judgnwnt, or a seriies of (A920=2) 3 judgments, inst the Borrower In favor of the Bank or spy holder hereof for the entire principal of this Note, all accrued Interest and all other amounts due hereunder or under a of the other Loan Documents, together with costs of suit and an attorney's commission the greater of 5% of such principal and Intensst or $5,000 added as a reasonable s fee, and for doing so, this Note or a copy verified by of klnvtt shall be a rand rm. The Borrower hereby forever waives and releases all en ors to said all Mgdrts of appeal and all relief from any and all appraisement, stay or laws of. any Into now In force or hereafter enacted. Interest on the principal a portion of the judgment shall accrue at the Default Rate. ?aw No si exercise of the foregoing power to confess judgment, or a series of judgments, s g be deemed to exhaust the power, wheNwr or not any such exercise shall be held by any court to be Invalid, voidable, or void, but the power shall continue undbvdnis and it may be exercised from time to time as often as the Bank shalt elect until such as the Bank shalt have received payment In full of the debt, Interest and costs. N n.OhV the attorney's commission provided for in the preceding paragraph is included in the warrant for purposes of establishing a sum certain), the amount attorneys' fees that the Bank shay recover from the Borrower shall not exceed the aI orneys' fees Incurred by the Bank. 8. Fby in addition to all liens upon and rights of setoff against the Borrowe r's ities or other property given to the Bank by law, the Bank shall have, with respect t ower's obligations to the Bank under this Note and to the extent permitted by la actual possessory security interest in and a contractual right of setoff against, and r hereby assigns, conveys, delivers, pledges and transfers to the Bank all of the t, title and interest In and to, all of the Borrower's deposits, moneys, securities and erty now or hereafter in the possession of or on deposit with, or in transit to, the er held in a general or special account or deposit, whether held jointly with someone ether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and ts.. Every such security Interest and right of setoff may be exercised without demo upon or notice to the Borrower following the occurrence of an Event of Defeug. Every such rig of setoff shall be deemed to have been exercised Immediately upon the occurrence of a Event of Default hereunder without any action of the Bank, although the Bank may enter such Oitoff on its books and records at a later time. 9. lansous. Ali notices, demands, requests, consents, approvals and other commun"tio Ccomm d or permitted hereunder must be-in writing (except as may be agreed otherwise abo spect to borrowing requests) and wig be effective upon receipt. Such notkms and o unications. may b e hand-lelhrered, sent by facsimile transmission with confirmation and a copy sent by first-class mail, or sent by nationally recognized overnight course service, to the addresses for the Bank and the Borrower set forth above or to such other add as either may give to the other in writing for such purpose. No delay or omission on the Bank's part to exercise any right or power arising hereunder will Impair any such right or ver or be considered a waiver of any such right or power, nor will the Bank's action or ina impair any such right or power. No moditic:ation, amendment or waiver of any provision of this Note or consent to any departure by the Borrower therefrom will be effective unless made in wring signed by the Bank. The Borrower agrees to pay. on demand, to the extent permitted by law, all costs and expenses incurred by the Bank In the enforcement of its nd in any security therefor, including without limitation reasonable fees and rights In this I'll expenses of thnk's counsel. If any provision of this Note is found to be invalid by a court, all the other prons of this Note will remain in full force and effect. The Borrower and all (AM M'21 1 4 other makers nd indorsers of this Note hereby forever waive presentment, protest, notice of dishonor and notice of non-payment. The Borrower also wain all defenses based on suretyship or imient of collateral: If this Note is executed by more than one Borrower, the obligations of persons or entitles hereunder will be joint and several. This Note shall bind the Borrower its heirs, executors, administrators, successors and assigns, and the benefits hereof shag i to the benefit of the Bank and its successors and assigns; provided, however, that the may not assign this Nate in whole or in part without the Bank's written consent and the Bank any time may assign this Note In whole or in part. This has been delivered to and accepted. by the Bank and will be deemed to be made in the monwealth of Pennsylvania. THIS NOTE WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES F THE BANK AND THE BORROWER DETERMINED W ACCORDANCE WITH THE LAWS OF COMMONWEAL OF PENNSYLVANIA, EXCLUDING ITS COWLICT OF LAWS RULES. The Borrower hereby i bly consents to the exclusive jurisdiction of the Court of Common Pleas of Cumberland ty, PerinsylvwAr,_provkied that nothing contained in this Note will prevent the Bank from bring Ing any action, enforcing any award or judgment or exercising any rights against the Borrower I ividually, ;against any security or against any property of the Borrower within any other , state or other foreign or domestic jurisdiction. The Borrower acknowledges and agrees tha the venue provided above is the most convenient forum for both the Bank and the Borrower. Borrower waives any objection to venue and any objection based on a more convenient fora in any action Instituted under this Note. 10. R OF JLIY TRIAL. THE BORROWER IRREVOCABLY WANES ANY AND ALL RIGHTS THE OWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RE TINE TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR 'ANY CTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES T THE FOREGOING WAIVER IS KNOWING AND VOWNTARY. The B or acknowledges that it has read and understood all the provisions of this Note, 1ncl Mg the confession of judgment and waiver of jury trial, and has been advised by cow 1 as necessary or appropriate. :bffove NE thedue execution hereof as a document under seal, as of the date first written , wi h the Intent to be legally bound hereby. BORROWER: I WITNESS: DYNA RES, LLC, a Pennsylvania limited liability company By (SEAL) . Bangs, nager 5 .11 1 1 1 1 1 1 Y , 1 1 1 t l 1 . l 1 1 V Y 1 1 1 1 1 1 1 f, 1 1 1 1 1 r i 1 , 1 r 1 1 , 1 } t 4 1 1 1 1 1 i t i 1 1 1 1 1 t 1 1 t 1 1 1 1 1 I GUARANTY AND SURETYSHIP AGREEMENT THIS GPARMTY AND SURETYSHIP AGREEMENT (this "Guaranty") is dated April L-t 2007 to effective as of April 18, 2007, by 140YT W. BANGS and. ALICE P. BANGS, husband and , adult individuals (collectively, "Guarwtor"), who reside at 1054 Derwydd Lane, Berwyn, Me 18312, in consideration of the extension of credit by INTEGRITY BANK, a fen is banking institution, its successors and assigns ("Bank"), with an address at 3345 Market Street, Camp Hill, Pennsylvania 17011 to HARRISBURG JET CENTER, INC, a Pennsylvania corporation ("Borrower"), and other good and valuable consideration, I he receipt and sufficiency of which are hereby acknowledged. 1. _ of I s. The Guarantor hereby guarantees, and becomes surety for, the prompt payment and performance of: all loans, advances, debts, liabilities, obligations, rants and duties owing by the Borrower to the Bank, of any kind or nature, present or futu (including any interest accruing thereon after maturity, or after the filing of any petition in ba kruptcy, or, the commencement of any insolvency, reorganization or like proceeding 'ng to the Borrower. whether or not a claim for post-filing or post petition interest is allowed in proceeding), whether or not evidenced by any note, guaranty or other instrument, Cher arising under any agreement, instrument or document, whether or not for the payment of ey, whether arising by reason of an extension of credit, opening of a letter of credit, loan, ipment lease or guarantee, under any interest or currency swap, future, option or other i rate protection or similar agreement, or in any other manner, whether arising out of overd on deposit or other accounts or electronic funds transfers (whether through automated clea 'ng houses or otherwise) or out of the Bank's non-receipt of or Inability to collect funds or o se not being made whole In connection with depository transfer check or other similar a ts, whether direct or indirect (including those acquired by assignment or participation), a ute or contingent, joint or several, due or to become due, now existing or hereafter arQW, , and any amendments, extensions, renewals or increases and all costs and expenses of Bank incurred in the documentation, negotiation, modification, enforcement, Collection or in connection with any of the foregoing, including reasonable attomeys' fees and expe (collectively. the "Obligations" ). If the Borrower ults under any such Obligations, the Guarantor will pay the amount of the Obligations to t to Bank. Until the Obligations are indefeasibly paid in full, Guarantor's liability hereunder shall not be reduced in any manner whatsoever by any amounts which the Bank may realize before after maturity, of the Obligations, by acceleration or otherwise, as a result of payments mack by or on behalf of the Borrower or by or on behalf of any other person or entity other than the uarantor primarily or secondarily liable for the Obligations or any part thereof, or otherwise cxed to the Borrower or such person or entity, or as a result of the exercise of the Bank's rights respect to any collateral for the Obligations or any part thereof. 1 2. of Guaranty: Waivers. This is a guaranty of payment and not of collection and Bank shall not be required, as a condition of the Guarantor's liability, to make any demand u or to pursue any of its rights against the Borrower, or to pursue-any rights which may be ilable to it with respect to any other person who may be liable for the payment of the Oblloatio This is a absolute, unconditional, irrevocable and continuing guaranty and will remain in full force and a until all of the Obligations havo been indefeasibly paid in full, and the Bank has terminated is Guaranty. This Guaranty will remain in full force and effect even if there is {A92DM:* no pri nos utstanding under the Obligations at a particular time or from time to time. This Cwart be affected by any surrender, exchange, acceptance, compromise .or release by f any other party, or any other guaranty or any security held by it for any of the Obligations by y failure of the Bank to.take any steps to perfect or maintain its lien or of the security 1 to preserve Its rights to any security or other collateral for any Obligationor by any irrregularity, unerrforoeabiflty or invaAdity of any of the Obligationart thereof or any security or other guarainty -thereof. The Guarantor's obligations shall not be affected, modified or impaired by any counterdaim, set-off, deduction based upon any claim the Guarantor may have against the Borrower or the Bank, ment or performance of the Obligations. Notice acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to , notice of default, diligence, presentment notice of dishonor, protest, demand for payment, d any defense based upon the Bank`s failure to comply with the notice requirements the applicable version of Uniform Commercial Code § 9-610 are hereby waived. The Guarantor Ives ail defenses based on suretyship or impairment of collateral. The Bar;k at any time and from time to time, without notice to or the consent of the Guarantor. a without impairing or releasing, discharging or modifying the Guarantor's liabilities herm order, may (a) change the manner, place, time or terms of payment or performance of r interest rates on, or other terms relating to, any of the Obligations; (b) renew, substitute, , amend or attar, or grant consents or waivers relating to any of the Obligations, an other guaranties, or any security for any Obligations or guaranties; (c) apply any and all pa by whomever paid or however realized including any proceeds of any collateral, to a Obligations of the Borrower in such order, manner and amount as the Bank may determine in its sole discretion; (d) settle, compromise or deal with any other person, including the Ba Tower or the Guarantor, with respect to any Obligations In such manner as the Bank deems ap ropriate in its sole discretion; (e) substitute, exchange or release -any security or guaranty; or ( take such actions and exercise such remedies hereunder as provided herein. 3. or v V% Bank. 9 any demand is made at any time upon the Bank the repayment or recovery of any amount received by it in payment or on account of any the Obligations and if the Bank repays all or any part of such amount by reason of any ju ment, decree or order of any court or administrative body or by reason of any settlement or mise of any such demand, the Guarantor will be and remain liable hereunder for amount so repaid or recovered to the. same extent as If such amount had never been ed originally by the Bank. The provisions of this section will be and remain effective. nding any contrary action which may have been taken by the Guarantor in reliance upon payment, and any such contrary action so taken will be without prejudice to the Bank's hereunder and will be deemed to have been conditioned upon such payment having become at and irrevocable. 4. F 6M S ants. Unless compliance is -waived in writing by the Bank or until all of the igetions have been paid in full, the Guarantor will promptly submit to the Bank such information relating to the Guarantor's affairs (Including but not limited to annual financial statements and returns for the Guarantor) or any security for the Guaranty as the Bank may reasonably requ 5. E ' fo billty of I ati s. No modification, limitation or discharge of the Obligations a ' out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors nder federal or state law will affect, modify, limit or discharge the Guarantors {A92DM:2} 1 2 liability in any nner whatsoever and this Guaranty will remain and continue in full force and effect and wtil enforceable against the Guarantor to the same extent and with the same force and effect as any such proceeding had not been instituted. The Guarantor waives all rights and benefits ? might accrue to it by mason* of any such proceeding and will be Rable.to the Whic full extent hereunder, irrespective of any modification, limitation or discharge of the liability of the Borrower that joy result from any such proceeding. 6. of The occurrence of any of the following shall be an "Event of Default": (I) Event of Debutt (as defined in any of the Loan Documents); (ii) any default under any of Loan Documents that does not have a defined set of "Events of Default" and the lapse of a notice or cure period provided in such Obligations with respect to such default; (M) demand the Bank under any of the instruments or agreements giving rise to any of the Obligations thet have a demand feature; (iv) the Guarantor's failure to perform any of its obligations hetnder; (v) the falsity, inaccuracy or material breach by the Guarantor of any written warrant/, representation or statement made or furnished to the Bank by or on behalf of the Guarantor; or (vi) the -termination or attempted termination of this Guaranty. Upon the occurrence of bny Event of Default, (a) the Guarantor shall pay to the Bank the outstanding amount of the;Obligations; or (b) on demand of the Bank, the Guarantor shall immediately deposit with th* Bank, in U.S. dollars, the outstanding amount of the Obligations, and the Bank may at any timb use such funds to repay the Obligations; or (c) the Bank In its discretion may exercise with r+pec t to any collateral any one or more of the rights and remedies provided a secured party cinder the applicable version of the Uniform Commercial Code; or (d) the Bank in Its discrction mby exercise from time to time any other rights and remedies available to it at law, in equity or oth? ise. 7. h of In addition to all liens upon and rights of setoff against the Guarantor's ey, securities or other property given to the Bank by law. the Bank shall have, with respect to the Guarantors obligations to the Bank under this Guaranty and to the extent permitted by la$?, a contractual possessory security interest in and a contractual right of setoff against, and th? Guarantor hereby assigns, conveys, delivers, pledges and transfers to the Bank all of the; Guarantor's right, We and Interest in and to, all of the Guarantor's deposits, moneys,, w and other property now or hereafter in the possession of or on deposit with, or in tranit to, Jhe Bank, whether held in a general or special account or deposit, whether held jointly with sont no else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, a trust accounts. E=very such security interest and right of setoff may be exercised withoit demand upon or notice to the Guarantor. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder witha?ut any action of the Bank, although the Bank may enter such setoff on its books and records at A later time. 8. ral. This Guaranty is secured by the property described in any collateral security docu which the Guarantor executes and delivers to the Bank and by such other IY may have been or may in the future be granted to the Bank to secure collateral asp any obligations the Guarantor to the Bank. )us 9. To the extent that the Bank incurs any costs or expenses in protecting or enforcing its under the Obligations or this Guaranty, including reasonable allDmeys' fees and the costs expenses of litigation, such costs and expenses will be due on demand, will be.included in Obligations and will bear Interest from the incurring or payment thereof at the Default Rate (as in any of the Obligations). {A92oW 2} I 3 10. Postaonsntsnt of Subroundon. Until the Obligations are indefeasibly paid in full, the Gu witor irrevocably postpones and subordinates in favor of the Bank any and all rights which Guarantor may have to (a) assert any clam against the Borrower based on subrogation rVft with respect to payments made hereunder, and (b) any realization on any property of Borrower, including participation in any rnarsha0ing of the Borrowers assets. 11. i Power to Confess Judarnent, The Guarantor hereby empowers any attorney of court of record, after the occurrence of any Event of Default hereunder, to appear. for a Guarantor and, with or without complaint filed, confess judgment, or a series of j , against the Guarantor in favor of the Bank for the amount of the Obligations, or with interest thereon at the Default Rate set forth in the Note, costs of suit and a attorney's commission of the greater of 5%. of such principal and interest or $5,000 ad as a reasonable attorney's fee, and for doing so, this Guaranty or a copy verified by vit shall be a sufficient warrarrt. The Guarantor hereby forever waives and releases I errors in said-proceedings and all rights of appeal and all relief from any and all app semen stay or exemption laws of any state now in force or hereafter enacted. No single Tshif of the foregoing power to confess judgment, or a series of judgments, shall be d exhaust the power, whether or not any such exercise shall be held by any court alid, voidable, or void, but the power shall continue undiminished and it may be d from time to time as often as the Bank shall elect until such time as the Bank ve received payment in full of the outstanding balance due on the Obligstionoots. Notwithstanding -the attorney's commission provided for in the preceding ph (which Is included in the warrant. for purposes of establishing a sum certain)j the amount of attorneys' fees that the Bank may recover from the Guarantor shall not-exceed the actual attorneys' fees Incurred by the Bank. 12. All notices, demands, requests, consents, approvals and other commun' required. or permitted hereunder must be in writing and will be effective upon receipt. Such notices and other communications may be hand-delivered, sent by facsimile transmission vtb confirmatlon - of delivery and a copy sent by first-class mail, or sent by nationally J overnight courier service, to the addresses for the Bank and the Guarantor set above or to such other address as one may give to the other in writing for such purpose. 13. enwervation of t . No May or omission on the Bank's part to exercise any right or pc?wer arising hereunder will impair any such right or power or be considered a waiver of any ch right or power, nor will the Bank's action or inaction impair any such right or power. The B nk's rights and remedies hereunder are cumulative and not exclusive of any other rights or ies which the Bank may have under other agreements, at law or In equity. The Bank may roceed in any order against the Borrower, the Guarantor or any other obligor of, or any coilatera securing, the Obligations. 14. legaft. In case any one or more of the provisions contained In this Guaranty should be inval , illegal or unenforceable in any respect, the validity, legality and -enforceability of the remaini provisions contained herein shall not in any way be affected or Impaired thereby. 15. Chances In Wrldn . No modification, amendment or waiver of any provision of this Guaranty n consent to any departure by the Guarantor therefrom, will be effective unless JA92aW2) 4 made in a signed by the Bank, and than such waiver or consort shall be effective only in the specific 1 noe and for the purpose for which given. No notice to or demand on the Guarantor in case will entitle the Guarantor to any other or further notice or demand in the same, similar other circumstance. j16. Apremont. This Guaranty (including the documents and instruments referrerytw nsblules the entire agreement and supersedes all other prior agreements and un both written and oral, between the Guarantor and the Bank with respect to the sut reof; provided, however, that this Guaranty is in addition to, and not in substitn for guarantees from the Guarantor to the Bank. 17. rwkhotA and Asians. This Guaranty will be binding upon a nd inure to the benefit of thnd the Bank and their respective heirs; executors, administrators, successors a ovided, however, that the Guarantor may not assign this Guaranty in whole or in pBank's prior written consent and the Bank at any time may assign this Guaranty -part. 18. . In this Guaranty, unless the Bank and the Guarantor otherwise agree in wrhin , the. singular includes the plural and the plural the singular, references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the s atute referred to; the word `or~ shall be deemed to include ".and/or", the words "including", "i udW and 'include" shall be deemed to be followed by the words *without limitation"; and Jeferences to sections or exhibits are to those of this Guaranty unless otherwise indicated. S? headings in this Guaranty are included for convenience of reference only and shall not cons" a part of this'Guaranty for any other purpose. If this Guaranty is executed by more than one 1party as Guarantor, the obligations of such persons or entities will be joint and several. - 19. damn . The Guarantor agrees to indemnify each of the Bank, its directors, officers and yrres and each legal entity, if any; who controls the Bank (the "Indemnified Parties") and hold each Indemnified Party harmless from and against any and all claims, damages, loss ,liabilities and expenses (including all fees and charges of internal or external counsel with m any Indemnified Party may consult and all expenses of litigation or preparation the ) which any Indemnified Party may incur or which may be asserted against any Indemn' Party as a result of the execution of or performance under this Guaranty; provided, however, that the foregoing indemnity agreement shall not apply to claims, damages, losses, ilabil and expenses solely attributable to an Indemnified Party's gross negligence or willful miscond . The indemnity agreement contained in this Section. shall survive the termination of this Guaranty. The Guarantor may participate at its expense in the defense of any such claim. ; 20. i and Jurisdiction. This Guaranty has been delivered to and accepted by th Bank and will be deemed to be made in the Commonwealth of Pennsylvania. THIS GUARANTY WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF THE BANK AND THE GUARANTOR IN ACCORDANCE WITH THE LAWS OF COMMONWEALTH OF PENNSYLVANIA, EXCLUDING ITS OF LAWS RULES. The Guarantor hereby irrevocably consents to the exclusive jurisd ction of the Court of Common Pleas of Cumberland County, Pennsylvania; provided that thing contained in this Guaranty will prevent the Bank from bringing any action, enforcing any award or judgment or exercising any rights against the Guarantor individually, against any s rity or against any property of the Guarantor within any other county, state or other foreign or ?Jomestlc jurisdiction. The Guarantor acknowledges and agrees that the venue {A9202572) I 5 provided a is the most convenient forum for both the Bank and the Guarantor. The Guarantor wal*s any objectlon to venue and any objection based on a more convenient forum in any action in under this Guaranty. Credit Opportunity ?t If the Guarantor Is not an "applicant for credit` 21. r under Section (e) of the 'Equal Credit Opportunity Act of 1974 ("ECOA"), the Guarantor acknowledges (1) this Guaranty has been executed to provide credit support. for the Obligations, a the Guarantor was not required to execute this Guaranty in violation of Section 202.7( he ECOA. 22. lIYA1VER OF JURY TRIAL THE GUARANTOR IRREVOCABLY WANES ANY AND ALL THE GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR ANY TRANSACTI CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE GUARANTOR ACKN ES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The G tsed ntor acknowledges that they have read and understood all the provisions 'of Guaranty, including the confession of judgment and waiver of jury trial, and has been by counsel as necessary or appropriate. WITNESS the due execution hereof as a document under seal, as of the date first written above, vyM the intent to be legally bound hereby. GUARANTOR: ?-5 (SEAL) HOYT W. BANGS (SEAL) - I PAAn - - ) " ICE P. BANGS (n MM:2} I 6 WITNESS: 11 1'11 I t . f 1 i V i f 1 f 1 ? f 1 f 1 1 V 7 1 l 1 f 1 1 1 1 , 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 , I lt 1 I 1 i f` , f 1 1 1 111 1 DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned: HOYT W. BANGS and ALICE P. BANGS 1054 Dsrwydd Lane Berwyn, Pennsylvania 19312 LerKlOr. INTEGRITY BANK 3345 Market Stoat Camp Hill, Pennsylvania 17011 The undeksigned have executed, and/or are exec ult. on or about the data hereof, a Guaranty and Suretyship in respect of the obligations owed to Lender by DYNA RES, LLC, under which the and is obligated to repay monies to Leader. A. TINE ; UNDERSIGNED AcKNDWLEDGEB AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS U ?Wni nur WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY ASSERTED AGAINST THEM BY LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, THE UNDERSHMIED FREELY, KNOWINGLY AND INTELLIGENTLY WANES THESE RIGHTS AND EXPRESSLY AGREES AND TO LENDER'S ENTERING JUDGMENT AGAINST THEM BY COMMON PURSUANT TO THE TERMS THEREOF. B. THE ED ALSO ACIQ6OWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS U:D =HM HIDER MAY. AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON, ATTACH. LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF THE UNDYED IN Ft4LL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF THEIR RIGHTS AFTER JUDGMENT IS ENT"ED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRNM THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, iWomay AND INTELLIGENTLY WANES THEIR RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGRE* AND CONSENTS TO LENDERS TAKING SUCH ACTIONS AS MAY BE PERMITTED UNDER APPLICABLE STATE D FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The ut}dersigrhed certifies that a representative of Lender spectficatly caged the lion of judgment provishor?s in the above document to the attention of the undersigned, and/or that legal counsel repreeerW the ur1darsigrhed in connection with the above document D. The nod hereby ceftfies that their annual w come exceeds $10.000; dud all references to 'the rhed" above refer to the persons signing below; and that the Undersigned received a copy het the time of signing. Dated April ,_, 207 to be effective as of April 18, 2007. Wdr>ess J ??(SEAL) H Social Security No. 191-46-2399 r , l , , (A920257:2) CUJL.? 10 M? 'ft J% (SEAL) ALICE P. BANGS Social Security No. 159-38-7846 7 i COMMONWEI?TH OF PENNSYLVANIA SS: COUNTY OF a (U On this, ' L?'d'a? of April, 2007, before me, a Notary Public, the undersigned officer, personally a Alice P. Bangs, known to me (or satisfactorily proven) to be the individual who executed fomgoing instruments, and duly acknowledged to me that she executed the same for the pugposes therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary ubli (SEAL) My commission expires: NOTARIAL MAL I?wr? TWP. Pdk !l?? tbtrrti ?A (A920257:2} 8 i COMMONWE4TH OF PENNSYLVANIA (SS: COUNTY OF 9 ) On this, ` 'µ day April, 2007 before me, a Notary Public, the undersigned officer, personally Hoyt W. Bangs, known to me (or satisfactorily proven) to be the individual who executed the oregoing instrument and duly acknowledged to me that he executed the same for the purposes IN WITN4SS WHEREOF, I have hereunto set my hand and official seal_ Notary Publics TH OF PSNO&VANA Nalrid Sod Nns.A.n oaYb, Irolrq Pu6fc Lamp* eaa CM68 fd 0=V *0MV*dM80.0cLs1,2M0 M- hS PWMyMbVa AwodMbn of Mohdw 44. -:_ 1-4- " I- C11,Z] I, Robot I C Day, hereby verify that I am the Executive Vice President of Integrity Bank, and, as such, I a? authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made #ubject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: 3-4F -o ff By. Y K. Day, Executive ice President In 'ty jBank %I. pp ? r. .a Lv (u REAGER ilk LER, P.C. BY:JOHN K MMMAK, ESQUIRE Attorney I.D. .79C119 Emn1: com BY: THO O. WHIJAMS, ESQUIRE Attorney I.D. .67987 Email: T PC.com 2331 Market S Camp Hill, PA +17011 Telephone: (71' 763-1383 Facsimile: (71 730-7366 Attorneys for Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DYNA RES,14C., HOYT W. BANGS and ALICE P. PANGS, Defendants : CIVIL ACTION . NO. CONFESSION OF JUDGMENT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter to ( appearance for the above-named Defendants pursuant to the Warrant of Attorney contain ed in the Mortgage Note Agreement and/or Cnwmty and Suretyship Agreement, Respectfully submitted, REAGER & ADLER, P.C. Date: March 6, X009 J . Pi uire t ???- ?? ? _ , ??^?, ? C W t D _, REAGER LER, P.C. BWOHN H. E 11Z ESQUIRE Attorney I.D. X. 79538 Email: .c BY: THOMA$ O. WII.LIAMS, ESQUIRE Attorney I.D. lJo. 67987 Email: A erPC.com 2331 Market Simet Camp Hill, PA 1.17011 ,)763-1383 Telephone: (71 ? Facsimile: (717 730-7366 Attorneys for kftgfty Bank INTEGRITY Blom IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DYNA RES, LLC., HOYT W. BANGS and ALICE P. EJANGS, : CIVIL ACTION NO. Defendants : CONFESSION OF JUDGMENT NOTICE ONDER RULE 29581 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Dyna R4s, LLC A judgment in the amount of $3,501,094.05 has been entered against you and in favor of the Plaintiff withoui any prior notice or hearing based on a confession of judgment contained in a written agieeim* or other paper already signed by you. The Sheriff may take your money or other property 0 pay the judgment at anytime after thirty (30) days after the date on which this notice is served bn you. You may have lejgal rights to defeat the judgment or to prevent your money or property from being taken. A . lb YOU MUST F#E A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICES IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULO TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH B W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: March 6, 2009 R. Pietrzak, uire GER. & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff Integrity Bank a s . (WIN C. S ze C . l REAGER & LER, P.C. BY:JOHN EL OW RZAK, ESQUIRE Attorney I.D. N+. 79538 Email: J erPC.com BY: THO O. WEUJAMS, ESQUIRE Attorney I.D. NJ. 67987 Email- T •Ukg*@RM erAdlerPC.com 2331 Marled Sti:et Camp Bill, PA i.7011 Telephone: (717 763-1383 Facsimile: (717)1,730-7366 to to M for Drily Oak INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION DYNA RES, LLB., HOYT W. BANGS : NO. and ALICE P. BANGS, Defendants : CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Hoyt W. and Alice P. Banp A judgment in 0 amount of $3,501,094.05 has been entered against you and in favor of the Plaintiff without fay prior notice or hearing based on a confession of judgment contained in a written agreement or other paper already 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 op you. You may have leo rights to defeat the judgment or to prevent your money or properly from being taken. ---T------ YOU MUST F]].E A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT To A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE ;S 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 LAW?ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH B W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Strut Carlisle, PA 17013 (717) 249-3166 Date: March 6, i009 (24 9'?? J H. Pietriak, Esquire PMAGER, & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff, Integrity Bank ? M. s n 0 I ?• 1 i .. '?i REAGER & LER, P.C. BY:JOHN H. ESQUIItE Attorney LD. o. 79538 Email: BY: TH0114. WILLIAMS, ESQUIRE Attorney I.D. .67987 F.nnail: Twillis>,_gerAdl 2331 Market St?oet Camp Hill, PA ;17011 Telephone: (71? 763-1383 Facsimile: (717?J 730-7366 Att?rne,??s for I?te?it?? Bank INTEGRITY B?,NK, Plaintiff v. DYNA RES, Ll}.C., HOYT W. BANGS and ALICE P. FANGS, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. Qy' - ,?1? ?r,? Defendants :CONFESSION OF JUDGMENT JUDGMENT TO: Dyna Res, LLC Pursuant to 42 PIa.C.S.A. 2737.1, you are hereby aotificd that a debtor who has been incorrectly identified and a confession of judgment entered against him shall be entitled to costs and reasonable alttoey fees as determined by the court. P:n?uant to 42 PIa.C.S.A. § 2737.1, you are hereby notified of the inshuctions regarding the procxdure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959,; which is reproduced in full, on the following page. ' REAGER 8t ADLER, P.C. Date: March 6,1009 . Pietrzak, Esquire 31 Madcet Street j Camp hill, PA 17011 (717) 763-1383 a - , •4 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 MUM OFF OR OPENING JUDGMENT: PLEADINGS AND PROCEDURE (axl) Relief from a judgment by confession shall be sought by petition. Except as provided in h (2), all grounds for relief whether to strike off the judgment or to open it must be in a single petition. The petition may be filed in the county in which the judgment was c6SOy entered, in any county to which the judgment has been transferred or in any other coin which the sheriff has received a writ of execution directed to the sheriff to enforce the j (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 ji) 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 as provided by.Rule 2958.3 or Rule 2973.3. (3) if a written notice is served upon the petitioner pursuant to Rule 2959.1(cx2) or Rule 2973.1(c),j then petition shall be filed within thirty days after such service. Unless the def sidant can l monshi to that there were compelling reasons for the delay, a petition not timely filed shall be delnied. (b) 1jf 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) 't'he petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) tie court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insa* as it seeks to open the judgment pending disposition of the application to strike off the j t. If evidence is produced which in a jury trial would require the issues to be submitted to khe jury, the court shall open the judgment. (f) ">`j w lien of the judgment of or any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. ,?.._.. tT CJ3 -; ' ? I C3? _ . Z ?? ,? Z ?? W d REAGER & LER, P.C. BWOHN H. PWrRZAJK, ESQUIRE Attorney I.D. Nei. 79538 Email: Jj2Z1erAdlesPC.com BY: THOMAS 10. VAMJJAMS, ESQUIRE Attorney I.D. Nc . 67987 Emil: Twilliam6Wt a¢erAdlerPC.com 2331 Maritet Str* Camp Bill, PA 17011 Telephone: (7176 763-1383 Facsimile: (717 730-7366 Atysfor ty Bank lNTWRTTY BANK, : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DYNA RES, LI;C., HOYT W. BANGS and ALICE P. BANGS, Defendants TO: Hoyt W. Bangs and Alice P. Bangs CIVIL ACTION NO. : CONFESSION OF JUDGMENT Pursuant to 421fa.C.S.A. 2737.1, you are hereby notified that a debtor who has been incorrectly identified and hhd a confession of judgment entered against him shall be entitled to costs and reasonable attoz6ey fees as determined by the court. Pursuant to 42 ia.C.S.A. § 2737.1, you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. REAGER & ADLER, P.C. Date: March 6,j 2009 (I /ga J H. Pietrzak, Esquire 2331 Market Street Camp Will, PA 17011 (717) 763-1383 I PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 MagKq OFF OR OPENING JUDGMENT: PLEADINGS AND PROCEDURE (ax1) Rolief from a judgment by confession shall be sought by petition. Except as provided in subpjeragraph (2? all grounds for relief whether to strike off the judgment or to open it must be assertid 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 judg?nent. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelli6ent 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) 4 a written notice is served upon the petitioner pursuant to Rule 2959.1(cx2) or Rule 2973.1(c), #hen 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 dedied. (b) I the petition states prima facie grounds for relief, the court shall issue a rule to show cause and tray 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) Ai party waives all defenses and objections which are not included in the petition or answer. (d) Tl a 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, admossions and other evidence. The court for cause shown may stay proceedings on the petition insopw 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 tope jury, the court shall open the judgment. (f) The lien of the judgment of or any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. ? Awl s ??- v 0 REAGER & AD 'ER, P.C. BY:JOHN H. P ESQUIRE Attorney I.D. No. 79538 Email: J,_g Rye WAdlerPC.cmn BY: THOMAS . WEUJAMS, ESQUIRE Attorney I.D. No. ;67987 Email: TwillinuaRe BRA-dlerK.com 2331 Market Stre t Camp Hill, PA 1*11 Telephone: (717) ,163-1383 Facsimile: (717) 730-7366 A= Ms for Inte4ft Bank INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DYNA RES, LLC., HOYT W. BANGS and ALICE P. BANGS, CIVIL ACTION . NO. O? - A/av Defendants : CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE Commonwealth of Pennsylvania ) ) ss: County of Cumbekland ) The undersigned, being duly sworn according to law, deposes and says that the . Defendant(s) isleue not in the Military or Naval Service of the United States or Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended: ' jWn H. Pieftzal? Esquire Sworn to and suWoribed Bc#qc me thisday of 2009. M mrri ?KVA" N010W sw L BION1?11?1. Now- PUS jw u,zoto N tary Public °ca N bin ?y °? ?+ tXr rr: ?^:?:? ? ? ?t :l?: r; t ?? -r ?? ? ^? _ ?'' ?_ w o REAGER & LER, P.C. BY:JOHN ESQUIRE Attorney+I.D. Nd. 79538 Email: .c BY: THOMAS D. WKJJAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamWea¢erAdlerPC.co_ m 2331 Market Sbr?et Camp Hill, PA 1;7011 Telephone: (717) 763-1383 Facsimile: (717 730-7366 Attorn for IgU tf Bank INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DYNA RES, LI„C., HOYT W. BANGS and ALICE P. FANGS, ' Defendants : CIVIL ACTION . NO. Og. ?`7 aU : CONFESSION OF JUDGMENT Commonwealth of Pennsylvania ) ss: Coudy of Cumberland ) I, John ?1. Piewzak, being duly sworn according to law, hereby state that the judgment being entered b? confession is not being entered against a natural person in connection with a consumer credit transaction. ) Jo . Pietriak, .qui Sworn to and e 'bed ore me thisday of 7Lt i .2009. COQ rH OF PENNMVAMIA NaWW aM l? DS"W" L A -- Noby PIMC Public con. . I n M IIT 3 y.. t p Z t r' r d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INTEGRITY BANK Plaintiff, V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Civil Action No. 09-1420 Defendants. PETITION OF NATIONAL PENN BANK TO STRUCE JUDGMENT BY CONFESSION AGAINST HOYT W. BANGS AND ALICE P. BANGS National Penn Bank ("NPB"), by and through its counsel, Klehr Harrison Harvey Branzburg & Ellers, LLP, hereby files this Petition (the "Petition") To Strike The Judgment By Confession (the "Integrity Judgment") Against Hoyt W. Bangs and Alice P. Bangs (collectively, the "Individual Defendants"), and in support hereof, avers as follows: THE PARTIES 1. The plaintiff in this matter is Integrity Bank ("Integrity"). 2. The defendants in this matter are the Individual Defendants and Dyna Res, LLC ("Dyna Res") THEINTERVENOR 3. NPB is a banking institution with an address of Philadelphia and Reading Avenues, Boyertown, Pennsylvania 19512, and is a parry to this action pursuant to an Order of the Court allowing NPB to intervene herein. 1 PHUA 847259-1 BACKGROUND 4. On or about March 6, 2009 Integrity entered the Integrity Judgment against Dyna Res and the Individual Defendants. The amount of the Integrity Judgment is $3,507,083.66, plus interest from March 6, 2009. Copies of the papers filed by Integrity in support of the Judgment (collectively, the "Integrity Judgment Papers") are attached hereto collectively as Exhibit "1." 5. Integrity subsequently transferred the Integrity Judgment to, inter alia, the Chester County Court of Common Pleas, (b) Dauphin County Court of Common Pleas, (d) York County Court of Common Pleas. 6. The Integrity Judgment against the Individual Defendants is based on a warrant of attorney in a Guaranty and Suretyship Agreement executed by the Individual Defendants on April 17, 2007 (the "Integrity Guaranty"). See Exhibit "B" to the Complaint in Confession of Judgment attached as part of the Integrity Judgment Papers. 7. According to the Complaint in Confession of Judgment, the Individual Defendants guaranteed the obligations of Dyna Res to Integrity, even though the Integrity Guaranty states only that the Individual Defendants are guaranteeing the obligations of the Harrisburg Jet Center, Inc. ("HJC"), not Dyna Res. See Exhibit "1" attached hereto. 8. On or about April 8, 2009, NPB entered a judgment by confession against the Individual Defendants in the amount of $17,048,274.49, plus interest from and after March 31, 2009, in the Cumberland County Court of Common Pleas at the action captioned as National Penn Bank, f/t/a Firstservice Bank v. Hoyt Bangs and Alice P Bangs, Civil Action No.: 09-2208 (the "NPB Judgment"). 2 PFMI 847259-1 9. NPB is in the process of transferring, or has already transferred, the NPB Judgment to one or more other Counties in the Commonwealth. 10. The lien of the Integrity Judgment is currently prior in time and seniority to the lien of the NPB Judgment. PETITION TO STRIIE INTEGRITY JUDGMENT THE INTEGRITY JUDGMENT AGAINST THE INDIVIDUAL DEFENDANTS IS FATALLY DEFECTIVE A. The Integrity Judgment Against The Individual Defendants Exceeds The Scope Of The Underlying Warrant Of Attorney 11. A judgment by confession should be stricken if there is a fatal defect on the face of the record filed in support of the judgment. 12. Amongst the fatal defects that require a judgment by confession to be stricken are 9(a) a plaintiff exceeding the authority granted in the warrant of attorney pursuant to which the judgment was entered, and (b) the record filed in support of the judgment not being self- sustaining. 13. The Integrity Judgment against the Individual Defendants is fatally defective because, amongst other things, and by its explicit terms, the Integrity Guaranty does not secure the obligations of Dyna Res. 14. To the contrary, the Integrity Guaranty, on its face, states that it is being given to secure the obligations of HJC. See Integrity Guaranty (Exhibit "B" to the Complaint in Confession of Judgment attached as part of the Integrity Judgment Papers). 15. The Integrity Guaranty nowhere makes any mention of Dyna Res. Id. 3 PH1L1 847259-I 16. The warrant of attorney in the Integrity Guaranty only permits the entry of judgment by confession for the "amount of the Obligations", which are defined as amounts owed by HJC, and not Dyna Res to Integrity. Id. at Sections 1 and 11. 17. The warrant of attorney, which pursuant to the longstanding law of this Commonwealth, must be construed strictly, in accordance with its terms, does not authorize the entry of a judgment for any sums owed by Dyna Res. 18. The entry of the Integrity Judgment against the Individual Defendants therefore exceeds the scope of the warrant of attorney in the Integrity Guaranty. 19. The record filed by Integrity in support of the Integrity Judgment against the Individual Defendants is therefore not self-sustaining, is fatally defective, and should, respectfully, be stricken. B. Integrity's Attempts To Skirt This Fatal Defect Are Unavailing 20. At the time it filed the Judgment Papers, Integrity realized that this fatal defect existed and attempted to address the fatal defect by attaching a so-called "Disclosure For Confession of Judgment" (the "Disclosure") as Exhibit "C" to the Complaint In Confession Of Judgment attached at part of the Judgment Papers. 21. Integrity then plays a clever shell game to try and distract the Court from the only salient and dispositive fact: the warrant of attorney as drafted does not permit the entry of judgment by confession against the Individual Defendants for any obligations owed by Dyna Res to Integrity. 4 PHUA 847259-1 22. Integrity claims that the Disclosure's reference to a guaranty of the Dyna Res obligations proves that the Individual Defendants executed the Integrity Guaranty to guarantee the obligations of Dyna Res, not HJC. See Complaint in Confession of Judgment at 16. 23. This claim and Integrity's attempts to rewrite the warrant of attorney to authorize the entry of the Integrity Judgment are insufficient to cure the fatal defects in the record that require the Integrity Judgment against the Individual Defendants to be stricken. This is especially true given the unambiguous language of both the Integrity Guaranty and the Disclosure. 24. First, the Disclosure merely states that the Individual Defendants have executed a Guaranty and Suretyship Agreement "in respect of the obligations owed to [Integrity] by Dyna. Res." 25. Whilst this may be the case, there is nothing in the Disclosure to suggest that the Integrity Guaranty pursuant to which the Integrity Judgment was entered against the Individual Defendants is the Guaranty and Suretyship Agreement referred to in the Disclosure - there may very well be two separate guaranties, and there is nothing in the record that establishes otherwise. 26. The Integrity Guaranty states that it "Cincluding the documents and instruments referred to [tJherein) constitutes the entire agreement and supersedes all other prior agreements and understandings, written and oral between" Integrity and the Individual Defendants. See Integrity Guaranty at Section 16 (emphasis added). 27. The Disclosure is neither part of nor referred to in the Integrity Guaranty. 5 PM1 847259-1 28. Integrity's reliance on the Disclosure to explain away the clear language of the Integrity Guaranty requires this Court to ignore Section 16 of the Integrity Guaranty (which Integrity drafted) entirely, in direct contravention of controlling contract law. 29. Integrity's reference to the Disclosure is also an appeal to the Court to use extrinsic evidence to interpret the unambiguous Integrity Guaranty. 30. Extrinsic evidence may only be used to assist in the interpretation of an ambiguous contract. 31. Furthermore, the claim that the Individual Defendants intended to guaranty the obligations of Dyna Res, not HJC, is in direct contravention of (a) controlling law requiring contractual intent to be determined by the examination of the relevant contractual language, and (b) the Statute of Frauds, which requires any guaranty of obligations to be in writing to be valid. 32. Moreover, the issue of the obligations guaranteed by the Integrity Guaranty is separate from the issue of the validity of the Integrity Judgment against the individual Defendants. 33. Even if the Integrity Guaranty was intended to refer to Dyna Res, a warrant of attorney cannot be created by implication, so that, at best, Integrity might be able to file suit against the Individual Defendants, but would still not be permitted to extend the scope of the written warrant of attorney based on an unexpressed intent, or contractual modification pursuant to interpretation, and implication. 6 PHILI 847259-I 34. Allowing Integrity to obtain and retain the Integrity Judgment by confession based upon the implication that the warrant of attorney in the Integrity Guaranty somehow, in spite of its explicit language, was somehow intended to authorize the entry of a judgment by confession against the Individual Defendants for obligations owed by Dyna Res to Integrity, would be to foist upon the Individual Defendants a warrant of attorney they did not sign, and would go against centuries of law relating to the interpretation and enforcement of warrants of attorney. WHEREFORE, the petitioner, National Penn Bank respectfully requests that the Integrity Judgment against the Individual Defendants be stricken. Dated: , 2009 Respectfully submitted, KLEHR, HARRISON, HARVEY, BRANZBURG & ELLER.S LLP By: Shahan G. Teberian Atty. I.D. No.: No. 69407 260 S. Broad Street Philadelphia, PA 19102-5003 Attorneys For The Petitioner 7 PHIL 1847259-1 CERTIFICATE OF SERVICE I, Shahan G. Teberian, hereby certify that on 2009, I caused a true and correct copy of the foregoing Petition To Strike Judgment By Confession Against Hoyt W. Bangs and Alice P. Bangs to be served by United States first-class, mail, postage prepaid upon the following: John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Attorney for the Plaintiff Dyna Res, LLC Hoyt W. Bangs Alice P. Bangs 1054 Derwydd Lane Berwyn, PA 19312 Dated: Shahan G. Teberian PHII.1 847259-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INTEGRITY BANK Plaintiff, Civil Action No. 09-1420 V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Defendants. ORDER AND NOW, this day of 2009 upon consideration of the foregoing, Petition To Strike Judgment By Confession Against Hoyt W. Bangs and Alice P. Bangs it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within days of this date; (3) the petition shall be decided under Pa. R. Civ. P. No. 206.7; (4) depositions are not required because the underlying Petition is only to strike the judgment in this matter and is not dependent upon any facts not already of record; (5) briefs shall be filed according to the following schedule: (a) the Petitioner shall file its brief within days of service of the Respondents' answer to the Petition; and (b) the Respondent's brief shall be filed within days of service of Petitioner's brief. PHEM 847259-I (6) argument shall be held on the of the Cumberland County Courthouse; and (7) day of in Courtroom notice of entry of this order shall be provided to all parties by the petitioner. BY THE COURT: PHILI 847259-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INTEGRITY BANK Plaintiff, V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Defendants. ORDER Civil Action No. 09-1420 AND NOW this day of , 2009, upon consideration of Petition To Strike Judgment By Confession Against Hoyt W. Bangs and Alice P. Bangs (the "Petition") and all responses thereto, it is hereby ORDERED and DECREED that: 1. The Petition is GRANTED; and 2. The Judgment By Confession entered in this matter against Hoyt W. Bangs and Alice P. Bangs is STRICKEN. BY THE COURT: , J. PHILi 847259-1 VERIFICATION I, Shahan G. Teberian, Esquire, state that I am the attorney for National Penn Bank, that I am authorized to make this verification on its behalf, and, further, state that the allegations contained within the foregoing pleading are true and correct to the best of my knowledge. I am making this verification instead of a representative of National Penn Bank, because a representative of the proposed intervenor is unavailable to execute same within the time necessary, and because the issues are legal and more properly within my knowledge. All other factual pleadings are based upon documents already of record in the Cumberland County Court of Common Pleas and/or other documents of record in Cumberland County and/or other Counties in this Commonwealth. I understand that these statements are subject to the penalties set forth in 18 P.S. §4904 for unworn falsifications made to authorities. Shahan G. Teberian, Esquire PH L.1 847259-1 VERIFICATION I, Shahan G. Teberian, Esquire, state that I am the attorney for the proposed intervenor, that I am authorized to make this verification on its behalf, and, further, state that the allegations contained within the foregoing pleading are true and correct to the best of my knowledge. I am making this verification instead of a representative of the proposed intervenor because a representative of the proposed intervenor is unavailable to execute same within the time necessary, and because the issues are legal and more properly within my knowledge. All other factual pleadings are based upon documents already of record in the Cumberland County Court of Common Pleas and/or other documents of record in Cumberland County and/or other Counties in this Commonwealth. I understand that these statements are subject to the penalties set forth in 18 P.S. §4904 for unswom falsifications made to authorities. Shahan G. Teberian, Esquire PHIL 1847085-1 CERTIFICATE OF SERVICE I, Shahan G. Teberian, hereby certify that on June 23, 2009, I caused a true and correct copy of the foregoing Petition For Leave To Intervene In Action For The Purpose Of Filing Of A Petition To Strike Judgment By Confession Against Hoyt W. Bangs and Alice P. Bangs to be served by United States first-class mail, postage prepaid upon the following: John H. Pietrzak, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Attorney for the Plaintiff Nedric L. Nissley, Esquire McNees Wallace & Nurick 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 Attorney for the Plaintiff Dyna Res, LLC Hoyt W. Bangs Alice P. Bangs 1054 Derwydd Lane Berwyn, PA 19312 Dated: 4*2. onn ? S/ ' Shahan G. Teberian 10 PHR,1 847085-1 THI . IV p{ ,,i: a 2ujg „j, 21 7 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, . Defendants NO. 09-1420 ORDER OF COURT AND NOW, this 6th day of July, 2009, upon consideration of National Penn Bank's Petition for Leave to Intervene in Action for the purpose of filing of a Petition to Strike Judgement by Confession against Hoyt W. Bangs and Alice P. Bangs; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the present parties to show cause why National Penn Bank is not entitled to the relief requested; 2. The parties shall file an answer to the petition on or before July 24, 2005. 3. If no answer to the Rule to Show Cause is filed by the required date, the relief requested by National Penn Bank shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If an answer to this Rule to Show Cause is filed, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M, L. Ebert, Jr., J. Mahan G. Teberian, Esquire 260 S. Broad Street Philadelphia, Pa. 19102-5003 For Nation 1 P B k a enn an ? / v/ John H. Pietrzak, Esquire Thomas O. Williams, Esquire 2331 Market Street Camp Hill, Pa. 17011 For Integrity Bank L. Nissley, Esquire .O. . Box 1166 Harrisburg, Pa. 17108-1166 For the Plaintiff /Oyt W. Bangs and Alice P. Bangs 1054 Derwydd Lane Berwyn, Pa. 19312 Defendants X -/Dyna Res, LLC 1054 Derwydd Lane Berwyn, Pa. 19312 :mtf A10-e- 60-nis -r 'CE 2099 A -6 r 51 t? INTEGRITY BANK, Plaintiffs V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1420 : CIVIL ACTION -LAW ENTRY OF APPEARANCE action. Kindly enter my appearance on behalf of Plaintiff, Integrity Bank, in the above captioned Date: July 6, 2009 McNEES WALLACE & NURICK LLC By: ?? r? Clayt W. Davidso Attorney I.D. 79139K 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsongmwn.com WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of John H. Pietrzak, Thomas 0. Williams, and the law firm of Reager & Adler, PC on behalf of Plaintiff, Integrity Bank, in the above captioned matter. REAGER & ADLER, Date: July 6, 2009 By: Thomas 0. Williams Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Phone: 717-763-1383 Fax: 717-730-7366 TWilliamsgReagerAdlerPC.com OF THE; 2009 JUL -9 PM 1: 10 INTEGRITY BANK, PLAINTIFF V. DYNA RES, LLC, HOYT W. BANGS AND ALICE P. BANGS, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1420 CIVIL AMENDED ORDER OF COURT AND NOW, this 13th day of July, 2009, the Order of Court dated July 6, 2009, is amended regarding No. 2 of the order, the date the parties shall file an answer shall be July 24, 2009. The remainder of the order shall be in full force and effect. By the Court, Shahan G. Teberian, Esquire 260 S. Broad Street Philadelphia, PA 17109-5003 For National Penn Bank ohn Pietrzak, Esquire 2331 Market Street Camp Hill, PA 17011 For Integrity Bank ?edric Nissley, Esquire P. O. Box 1166 Harrisburg, PA 17108-1166 For Plaintiff ?oyt W. Bangs And Alice Banks 1054 Derwydd Lane Berwyn, PA 19312 Defendants N -t Qu-? M. L. Ebert, Jr., J. ,,/byna Res, LLC 1054 Derwydd Lane Berwyn, PA 19312 Defendant bas ?/!3loQ Tom" ; t,r? Y I li ~ EEB 2 3 ZU1U INTEGRITY BANK, ; IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-1420 DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Defendants :CIVIL ACTION -LAW ORDER AND NOW, this '~ 3~b day of ~~~~aady , 2010, upon consideration of Integrity Bank's Motion for Leave to File Sur-Reply Brief in Opposition to National Penn Bank's Petition for Leave to Intervene in the above matter, the said motion is GRANTED and Integrity Bank is granted leave to file its Sur-Reply Brief within five business days of its receipt of this Order. By the Court: -~~ A+t.~ s'~ ~~~~ ~~ L' ~~~ clsa,J a/a~/~v ~~ c-, d c~- _a -; ; ~, w `~'~ w _ ?~ ,~~ - < G ~ ~ ~' -- - ~, '.=~ _ ,~ N ; a ~-~, =-~ ~~ ~, Karen Reid Bramblett, Es9. Prothonotary Milan K. Mrkobrad, Esy. Deputy Prothonotary Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Middle District April 12, 2010 Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772- 1294 www. superior. court. state. pa. us RE: Integrity Bank ~ ~ `n v. 'c-~ C'il r ; , s~• "p ~ ~ C Dyan Res LLC, Hoyt W. Bangs and Alice P. Bangs ~' =~: ; . ~ w T1 Appeal of: National Penn Bank ~.tc~ .. ~ c `' .a `,;.i.. ~ 632 MDA 2010 ~ `~~= ~ ~ , ~? "" Trial Court Docket No: 09-1420 ~ N ~ w Dear Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, Milan K. Mrkobrad, Esq. Deputy Prothonotary /aas Enclosure 3:16 P.M. Appeal Docket Sheet Docket Number: 632 MDA 2010 Page 1 of 2 April 12, 2010 CAPTION Integrity Bank v. Dyan Res LLC, Hoyt W. Bangs and Alice P. Bangs Appeal of: National Penn Bank Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: April 12, 2010 Journal Number: Case Category: Civil CONSOLIDATED CASES CASE INFORMATION Awaiting Original Record Superior Court of Pennsylvania Secure Case Type(s): Civil Action Law SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received COUNSEL INFORMATION Appellant Nat Pro Se: No IFP Status: No Attorney: Bar No: Address: :ional Penn Bank Appoint Counsel Status: Represented Teberian, Shahan Garabet 069407 Klehr Harrison Harvey Branzburg, LLP Suite 1400 1835 Market Street Philadelphia, PA 19103 RELATED CASES Next Event Due Date: April 26, 2010 Next Event Due Date: June 7, 2010 Phone No: (215) 569-1495 Fax No: (215) 568-6603 Receive Mail: Yes Receive EMail: No Appellee Integrity Bank Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Davidson, Clayton W. Bar No: 079139 Law Firm: McNees, Wallace & Nurick, LLC Address: 100 Pine St PO Box 1166 Harrisburg, PA 17108--1166 Phone No: (717) 232-8000 Fax No: (717) 237-5300 Receive Mail: Yes Receive EMail: No 3:16 P.M. Appeal Docket Sheet Docket Number: 632 MDA 2010 Page 2 of 2 April 12, 2010 COUNSEL INFORMATION Appellee Dyan Res LLC, Hoyt W. and Alice P. Bangs Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: No Pro Se: Dyan Res LLC, Hoyt W. and Alice P. Bangs Address: 1054 Derwydd Lane Berwyn, PA 19312 Phone No: Receive Mail: Yes Receive EMail: No Fax No: FEE INFORMATION Superior Court of Pennsylvania Secure Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt 04/12/2010 Notice of Appeal 73.50 04/12/2010 2010-SPR-M-000301 73.50 AGENCYlTRIAL COURT INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Order Appealed From: March 12, 2010 Judicial District: Documents Received: April 12, 2010 Notice of Appeal Filed: Order Type: Order Entered OTN(s): Lower Ct Docket No(s):09-1420 Lower Ct Judge(s): Ebert, Merle L., Jr. Judge Original Record Item Date of Remand of Record: None Filed Date BRIEFING SCHEDULE DOCKET ENTRY Cumberland County Civil Division 09 April 8, 2010 Content Desc None Filed Date Docket Entry /Representing Participant Type Filed By April 12, 2010 Notice of Appeal Docketed Appellant National Penn Bank April 12, 2010 Docketing Statement Exited (Civil) ORIGINAL RECORD CONTENT Middle District Filing Office CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: INTEGRITY BANK VS. DYNA RES, LLC., HOYT W. BANGS and ALICE P. BANGS 2~9- Iy2o Civ~ 1 ~,3ot Nt.DRa.o1 O The documents comprising the record have been numbered from No.l to 237, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 06-04-2010 . David D. Buell, Pro hox~otary Regina Lebo An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title RecQived in Superior Court JUN 0 4 2010 MIDDY Karen Reid Bramblett, Esq. Prothonotary Milan K. Mrkobrad, Esq, Deputy Prothonotary Pennsylvania Judicial Center Middle District P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www. superioccourt. state. pa. us CERTIFICATE OF REMITTAUREMAND OF RECORD TO: Prothonotary RE: Integrity Bank v. Dyna Res, LLC 632 MDA 2010 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 09-1420 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Original Record contents: Item Filed Date Description Part June 4, 2010 1 Additional Item(s): Also please find enclosed a certified copy of Superior Court order dated June 25, 2010. Remand/Remittal Date: 08/02/2010 ORIGINAL RECIPIENT ONLY -Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. /alv Enclosure cc: Clayton W. Davidson, Esq. The Honorable Merle L. Ebert Jr., Judge Debra P. Fourlas, Esq. Shahan Garabet Teberian, Esq. Re pectfully, ~~ Milan K. Mrkobrad, Esq. {-' Deputy Prothonotary - ~° ~ ~ , ~ _'- ~_. -r =-. ..~. --- _~ ,, y ij_Tl Integrity Bank v. Dyna Res, LLC 632 M DA 2010 Letter to: Buell, David D. Acknowledgement of Certificate of RemittaURemand of Record (to be returned): Signature Date Printed Name Integrity Bank v. Dyna Res, LLC, et al. RDER IN THE SUPERIOR COURT OF PENNSYLVANIA (C. P. Cumberland County No. 09-1420) No. 632 MDA 2010 Filed: )une ~ a~'~"' 2010 Appellee's application for relief, filed as a motion to dismiss, is hereby GRANTED as follows: The above-captioned appeal is QUASHED. Per Curiam ~} a`J ~~ t :r~, . ,... -~! c..-: v, - `, --. ~ C.`:~ ~'. -- A~ttesE ~Ut~ ° ~co~ ~-~~ duty Aothonotary Superior Court of PA -Middle District SHERIFF'S OFFICE OF CUMBERLAND COUNTY g Ronny R Anderson Sheriff 1 ut ruin(, r,j :ZM 1 ttl rr .cam ? -t7 Jody S Smith ...r cn Chief Deputy C11 -? Richard W Stewart Solicitor C)` N ? Integrity Bank Case Number vs. Dyna Res, LLC (et al.) 2009-1420 SHERIFF'S RETURN OF SERVICE 06/15/2011 01:30 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2011 at 1330 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Dyna Res LLC, in the hands, possession, or control of the within named garnishee, "TENANT" located at 302 S 18th Street, Camp Hill, Cumberland County, Pennsylvania 17011 - later found to be Budding Company, 308 S 18th Street, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Chris Lanza, Manager of the Budding Company, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him/her. The writ of execution and notice to defendant was mailed on June 15, 2011 to Alice P. Bangs at 1043 Deryc Lane, Berwyn, PA 19312; to Hoyt. W. Bangs at 1043 Deryd Lane, Berwyn, PA 19312; and to Dyna Res, LLC at 1054 Deryd Lane, Berwyn, PA 19312. NOTE: The physical property located at 302 S. 18th Street was found to be vacant; an employee of the Budding Company saw Deputy Cline walking around the property and alerted the manager, Chris Lanza. SO ANSWERS, June 15, 2011 RON R ANDERSON, SHERIFF iam line, Deputy (c; CohrtySmte Snentt_ Teeoso+l. hn,; INTEGRITY BANK Plaintiffs DYNA RE , LLC, and ALICE P. BANGS, sworn acco ding to law, hereby swears and affirms under penalty of perjury that he served the within Notice of Sheriffs Sale of Real Estate attached hereto as Exhibit A upon the entities listed belov4 in the manner so indicated: By rdinary mail on the parties listed below on June 28, 2011, as evidenced by U.S. Postal Service Forms 3817 Certificates of Mailing, which are attached hereto as Exhibit B. IN THE COURT OF COMMON PLE OF n HOYT W. BANGS AFFIDAVIT PURSUANT TO PA.R.C.P. No. 3129.2 V. W. Davidson of McNees Wallace & Nurick LLC, Attorneys at Law, being duly CUMBERLAND COUNTY, PENNSY i3IA AR? ern NO 09-1420 C_ r-- ?i= -a . ?? cnD ? m eta CIVIL ACTION -LAW ?° -- °r Integrity ank National Penn Bank, f/t/a Firstservice 3345 Market Street Bank Philadelphia and Reading Avenues Camp Hill PA 17011 Boyertown, PA 19512 Relations 13 North I Carlisle, P County Office of Domestic lover Street 17013-3014 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse Carlisle, PA 17013 Klehr, H Ellers L1 Attn: Sh 260 S. B Philadelh Michael L. 1054 Dery Berwyn, P. Alice P. B, 1054 Dery Berwyn, P Harvey, Branzburg & G. Teberian Street PA 19102-5003 Dyna Res, LLC 1054 Derywdd Lane Berwyn, PA 19312 Mgs Hoyt W. Bangs ld Lane 1054 Derywdd Lane 19312 Berwyn, PA 19312 ;s Tenant Id Lane 302 S. 18`" Street 19312 Lower Allen Township, PA 17011 Date: June McNEES WALLACE & NURICK LLC ?, 2011 By: Clay n V. D idson PA ttorney .D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsongmwn.com Attorneys for Plaintiff, Integrity Bank X [,,I -r I INTEG DYNAI and ALI To BANK, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-1420 S, LLC, HOYT W. BANGS n P. BANGS, Defendants CIVIL ACTION- LAW r*r c NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 2 . Integ ity Bank National Penn Bank, f/t/a Firstservice 4anl ! 3345 Market Street Philadelphia and Reading Avenues Cam Hill, PA 17011 Boyertown, PA 19512 Cumberland County Office of Domestic Relations 13 N rth Hanover Street Carlisle, PA 17013-3014 Harrison, Harvey, Branzburg & LLP Attn: hahan G. Teberian 260 S Broad Street Phila elphia, PA 19102-5003 Mich 1 L. Bangs 1054 erywdd Lane Be n. PA 19312 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse Carlisle, PA 17013 Dyna Res, LLC 1054 Derywdd Lane Berwyn, PA 19312 Hoyt W. Bangs 1054 Derywdd Lane Berwyn, PA 19312 Alice . Bangs Tenant 1054 erywdd Lane 302 S. 18th Street Berwyn, PA 19312 Lower Allen Township, PA 17011 TAKE NO'T'ICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 7, 2011 10:00 AM N X rn ?o kTION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 T PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consistin of a statement of the measured boundaries of the property, together with a brief mention of the bui dings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) T LOCATION of your property to be sold is: All that certain piece or parcel of land situate i the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, being known as 302 18'' S. Street, Lower Allen Township, Cumberland County, PA, 17011; Parcel No. 13-22-0826-005. T E JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Dyna Res, LLC, Hoyt W. Bangs and Alice P. Bangs, No. 09-1420, in the amount of $3,507,083.66, plus interest at a rate of $728.35 per day after arch 6, 2009, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. TIDE NAME OF THE OWNER OR REPUTED OWNER of this property is: Michael L. Bangs a d Hoyt W. Bangs. A , CHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the pro eeds of sale in accordance with this schedule will, in fact, be made unless someone objects by cling exceptions to it within ten (10) days of the date it is filed. Inf rmation about the Schedule of Distribution may be obtained from the Sheriff of the Court of C moron Pleas of the within County at the Courthouse address specified herein. PAPER IS A IT P PLACE OF A OUR OR You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YO SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in t obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within ounty to set aside the sale for a grossly inadequate price or for other proper cause. This petition M ST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrat: is Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A cc#py of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: June , 2011 Clayton W. avidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavid son(,mwn. com Attorneys for Plaintiff Legal Description AL thereon ei Commonv accordant No. 11804 1984, as f THAT CERTAIN piece or parcel of land, with the building and improvements .cted, situate in the Township of Lower Allen, County of Cumberland, and Balth of Pennsylvania, being more particularly bounded and described in with the Plat of Survey prepared by Charles W. Junkins, Registered Surveyor, E, of John C. Brilhart, Surveying and Mapping Services, dated 21 September Ilows: BE INNING at a point in the center of South 18th Street, said point being located a distance o 20.35 feet north of the centerline of north track of Consolidated Rail Corporation (formerly Reading Company) known as the Philadelphia, Harrisburg and Pittsburgh Branch and identi ed as Line Code 0333 in the records of the United States Railway Association; thence alo g the center of South 18th Street, North 17 degrees 44 minutes 20 seconds West, a distance of 78.78 feet to a point; thence along lands now or formerly of Ronald P. Peifer, Ral h Mayer, Romane E. Price, Dorothy S. Smith, Guy Bucher, Vernon E. Anderson and Arthur R. Davidson, by a curve to the right, passing through an iron pin set in the easterly lin of South 18th Street, and said curve having a radius of 3,919.83 feet, an arc length of 7 ,10.37 feet, the chord of which is North 54 degrees 36 minutes 34 seconds East, 739.37 fee to a pipe; thence along lands now or formerly of Hempt Bros., Inc., South 32 degrees 01 minute East, a distance of 26.24 feet to a point; thence continuing along lands now or formerly of Hempt Bros., Inc., North 62 degrees 11 minutes East, a distance of 411.24 fee to an iron pin; thence South 06 degrees 08 minutes West, a distance of 61.39 feet to anion pin, said pin being distant 20.35 feet by a radial measurement northerly from the centerline of said North track; thence southerly by a curve to the left concentric with and distance 20.35 feet by a radial measurement northerly from said centerline of track of arc length of 1 " 34.08 feet to the point of beginning, said curve having a radius of 3848.43 feet and a chord which bears South 57 degrees 12 minutes 41 seconds West a distance of 1129.83 fe t (erroneously referred to as North 57 degrees 12 minutes 41 seconds East a distance of 1129.83 feet in prior deed). CONTAINIf G 1.663 acres of land, more or less. i UNITED STATES Certificate POSTAL SERVICES Mail! This Certificate of Mailing provides evidence that mail has been presented to USPS® for me This form may be used for domestic and international mail. From: McNees Wallace & Nunck LL(: 100 Pine Street ,?ro0 P.O. Box 1166 " ?d Harrisburg, PA 17108-1166 6 [0? To: 302 S. t g4k, siyee + Lowev AM-can To vvY\6\%'0 CAM D 1:h l I '?A 1-1 of 1 PS Form 3817, April 2007 PSN 7530-02-000-9065 18A#1T' !r% crercc This Certificate of Mailing provides evidence that mail has been presented to This form may be used for domestic and international mail. From McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 13 Novi-h iRAnnYer Siytt+ CUr lls le . PA h613-3y?`t PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate 1 V PUSTAL SERVICE Mailii This Certificate of mailing provides evidence that mail has been presented to USPS® for maili This form may be used for domestic and international mail. Frog McNees Wallace & Nurick LLC - 100 Pine Street P.O. Box 1166 - Harrisburg, PA 17108-1166 - To: I L4?w? I v BA K S 1 - YL r wdol L me- PA PA 14,311 PS Form 3817, April 2007 PSN 7530-02-000-9065 w ,j `........... . ;, ? Uralr? ?f . ? a`, t i> z Q m Q N r? tt C? , o N? ,n o N 4'4? ! C*) C i OzQ? o M W ¦ 0 -n cn O N N 0zQK m N? W j N O O ? 0 ?Y i U ITEDSTATES Certificate C ?P STAL SERVIC Mailin, This Certificate of ailing provides evidence that mail has been presented to USPS® for mailinc This form may be ut:ed for domestic and international mail. Fror Mcl'?iees Wallace & Nurick LLC - 100 Pine Street - P.0. Box 1166 Harrisburg, PA 17108-1166 To: I oA bev N wAJ Laves PS Form 381 April 2007 PSN 7530-02-000-9065 Certificate I POSTAL SERVICEdt Mailir KITED STATES This Certificate of tailing provides evidence that mail has been presented to USPS® for maili This form may be u ed for domestic and international mail. Froi McNees Wallace & Nurick LLC - 100 Pine Street n°? 0 r- rn rn D o? 5- cn , n C P -Q-z0 4 o?? M N OD $g v N --a 82011, °, o P.O. Box 1166 CD ° Harrisburg, PA 17108-1166 z ?P i - 7 O N ctp, -n N To: ~... D PS Form 3817, April 2007 PSN 7530-02-000-9065 ?'+ U ITEDSTATES 10ficate, C / P T/lLSERVICE asn ailin 1 This Certificate of M Thi •-....- __.. ?_ .._ fling provides evidence that mail he esented to mailin a ,,. ,,..,owe„ -1 iM.r tional dw Q n Fr( McN C es Wallace & N lq gZ` 7D 100 P ine, Street tj ?- P.O. Harri ox 1166 \ ??? ?y5 b PA ` urg, 17108-1 Ki6 To: ? Ny? '1 &v\L f 1+ la Ri(xi vv i e &V k' d . d ReC(j1'V1?'KVtnV0 130 4V W PS Form 3817 , April 2007 PSN 7530-02-000-9065 L .r. y azo M v N? -+ O ? u o ?OA.? M C N u?wr", 0 [`? m A ' mil` N i '17 4zoT m° N.,i 00 O s UNITED STATES Certificate i POSTAL SERVICE Mail Thls Certificate of Mailing provides evidence that mail has been presented to USPS® for m: Thla form may be used for domestic and international mail. Fror McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 -' To: V Y 1 A . - to Cuv(iit I e ,PA 11oI: n' r-..__ 70 of . UNITED ST13TES 5OL9 ?+ Certificate POSTAL SERVICE, Mailin This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailin This form may be used for domestic and intematlonal mail. From: McNees Wallace & Nurick LLC 100 Pine Street _ P.O. Box 1166 Harrisburg, PA 17108-1166 To: ?AYS? R-AI 1 L MiKI-I EY 1 in E by kQY t 331+r 1' &yk{i-Sfiy{ t+ CAMD 1+11 1, pA 11 o I I PS Form 3817, April 2007 PSN 7530-02-000-9065 N V1 0Zo? Or C, v O 0 N ?zom mm N.?r W O ?A^ N ? 1 ty 1) UNITEDSTATES Certificate a POSTAL SERVIC , Maili '? ?• This Certificate of Mailing provides evidence that mail has been presented to USPS® for This form may be used for domestic and international mail. From: ?dS n - McNees Wallace & Nurick LL - - 100 Pine Street 'UNtre os _ P.O. Box 1166 ; . 9 Harrisb PA urg, 17108-1166 ?? S > l?ld Ki r t To: y 11 ` ? 2I 9? ? ? ? S' O 1 _ V . ?C a N r W rn A oz ?N PS Form 3817, April 2007 PSN 7530-02-000-9065 ° -0 UNITEDSTATES Certificate s i POSTAL SERVICE, Mailir ?• This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailir This form may be used for domestic and intemational mail. Fror McNees Wallace & Nurick LLC - 100 Pine Street P O B 1166 o 'U?rf . . ox ( 4 Harrisburg, PA 17108-1166 _ , C N D To: L s bH +Y00 cj 10 Devu V?lJ LAY)e N O L s ?erwN h . PA 113 1 L ° N 1 rQ:' R 01 c' N PS Form 3817, April 2007 PSN 7530-02-000-9065 0 s 7 v INTEGRITY BANK, Plaintiffs V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CZ e NO. 09-1420 ' -'= == CIVIL ACTION - LAW ° - Q AFFIDAVIT PURSUANT TO PA.R.C.P. No. 3129.2 tl:? Clayton W. Davidson of McNees Wallace & Nurick LLC, Attorneys at Law, being duly sworn according to law, hereby swears and affirms under penalty of perjury that he served the within Notice of Sheriffs Sale of Real Estate attached hereto as Exhibit A upon the entities listed below in the manner so indicated: By ordinary mail on the parties listed below on August 8, 2011, as evidenced by U.S. Postal Service Forms 3817 Certificates of Mailing, which are attached hereto as Exhibit B. Michael L. Bangs 429 South 18th Street Camp Hill, PA 17011 Date: August 9, 2011 McNEES WALLACE & NURICK LLC By: Clayton . avidson PA Atto y I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsongmwn.com Attorneys for Plaintiff, Integrity Bank L a. P? INTEGRITY BANK, Plaintiffs V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1420 CIVIL ACTION- LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 To: Michael L. Bangs 429 South 18th Street Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 7, 2011 TIME: 10:00 AM LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: All that certain piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, being known as 302 18th S. Street, Lower Allen Township, Cumberland County, PA, 17011; Parcel No. 13-22-0826-005. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Dyna Res, LLC, Hoyt W. Bangs and Alice P. Bangs, No. 09-1420, in the amount of $3,507,083.66, plus interest at a rate of $728.35 per day after March 6, 2009, through the date of payment, including on and after the date of entry of judgment on. this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Michael L. Bangs and Hoyt W. Bangs. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: August 8, 2011 By Clayton avidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a?mwn.com Attorneys for Plaintiff, Integrity Bank Legal Description Hoyt Bank's one half (1/2) interest in the following real property: ALL THAT CERTAIN piece or parcel of land, with the building and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described in accordance with the Plat of Survey prepared by Charles W. Junkins, Registered Surveyor, No. 11804-E, of John C. Brilhart, Surveying and Mapping Services, dated 21 September 1984, as follows: BEGINNING at a point in the center of South 18th Street, said point being located a distance of 20.35 feet north of the centerline of north track of Consolidated Rail Corporation (formerly Reading Company) known as the Philadelphia, Harrisburg and Pittsburgh Branch and identified as Line Code 0333 in the records of the United States Railway Association; thence along the center of South 18th Street, North 17 degrees 44 minutes 20 seconds West, a distance of 78.78 feet to a point; thence along lands now or formerly of Ronald P. Peifer, Ralph Mayer, Romane E. Price, Dorothy S. Smith, Guy Bucher, Vernon E. Anderson and Arthur R. Davidson, by a curve to the right, passing through an iron pin set in the easterly line of South 18th Street, and said curve having a radius of 3,919.83 feet, an arc length of 740.37 feet, the chord of which is North 54 degrees 36 minutes 34 seconds East, 739.37 feet to a pipe; thence along lands now or formerly of Hempt Bros., Inc., South 32 degrees 01 minute East, a distance of 26.24 feet to a point; thence continuing along lands now or formerly of Hempt Bros., Inc., North 62 degrees 11 minutes East, a distance of 411.24 feet to an iron pin; thence South 06 degrees 08 minutes West, a distance of 61.39 feet to an iron pin, said pin being distant 20.35 feet by a radial measurement northerly from the centerline of said North track; thence southerly by a curve to the left concentric with and distance 20.35 feet by a radial measurement northerly from said centerline of track of arc length of 1134.08 feet to the point of beginning, said curve having a radius of 3848.43 feet and a chord which bears South 57 degrees 12 minutes 41 seconds West a distance of 1129.83 feet (erroneously referred to as North 57 degrees 12 minutes 41 seconds East a distance of 1129.83 feet in prior deed). CONTAINING 1.663 acres of land, more or less. Z( r, , ? - ) v -- , 7\ D SHERIFF'S OFFICE OF CUMBERLAND Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OVIIItT p{mr?ntrrpf??? b. OFD ? -,.f -OFF COUNTY FILED-OFFICE T ?E PROTN.ONO TARY 2011 NOV 17 AN 9: 25 CUMBERLAND COUNTY PENNSYLVANIA Integrity Bank vs. Case Number Dyna Res, LLC (et al.) 2009-1420 SHERIFF'S RETURN OF SERVICE 06/30/2011 07:14 PM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 302 South 18th Street, Camp Hill, PA 17011, Cumberland County. 08/04/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Hoyt Bangs, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Chester County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 08/04/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Alice Bangs, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Chester County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 08/05/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Chester County upon Hoyt W. Bangs, who accepted for Alice P. Bangs, at 1054 Derwydd Lane, Berwyn, PA 19312, on 7/14/11 at 6:55 p.m. So Answers: S. Vitale, Deputy Sheriff. 08/05/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Chester County upon Hoyt W. Bangs, personally, at 1054 Derwydd Lane, Berwyn, PA 19312, on 7/14/11 at 6:55 p.m., So Answers: S. Vitale, Deputy Sheriff. 09/07/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Clayton Davidson, on behalf of, Integrity Bank, of, 3345 Market Street, Camp Hill, PA 17011, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,100.62 November 16, 2011 SO ANSWERS, ?- XIVI'?_"-" RON R ANDERSON, SHERIFF lie) 1 73 -a 11 Z 4 5_q - Mt '?) 42yv/ (Cj CountySuite Sherdf. Teieosoft . In,-, r J r ? . t INTEGRITY BANK, Plaintiff v. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1420 CIVIL ACTION -LAW AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in Lower Alien Township, Cumberland County, Pennsylvania, known and numbered as 302 S. 18th Street; Parcel No. 13-22-0826-005. 1. Name and address of owners: c rn03 C__ m- - Michael L. Bangs Hoyt W. Bangs zrn -vr 1054 Derywdd Lane 1054 Derywdd Lane ,r- 6° Berwyn, PA 19312 Berwyn, PA 19312 io = ter. 2. Name and address of defendant in the judgment herein: Dyna Res, LLC Hoyt W. Bangs 1054 Derywdd Lane 1054 Derywdd Lane Berwyn, PA 19312 Berwyn, PA 19312 Alice P. Bangs 1054 Derywdd Lane Berwyn, PA 19312 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: National Penn Bank, f/t/a Firstservice Bank Philadelphia and Reading Avenues Boyertown, PA 19512 4. Name and address of the last recorded holder of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the Property which may be affected by the sale: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Cumberland County Office of Domestic Relations 13 North Hanover Street Carlisle, PA 17013-3014 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse Carlisle, PA 17013 National Penn Bank, f/t/a Firstservice Bank Philadelphia and Reading Avenues Boyertown, PA 19512 Klehr, Harrison, Harvey, Branzburg Tenant & Ellers LLP 302 S. 18th Street Attn: Shahan G. Teberian Lower Allen Township, PA 17011 260 S. Broad Street Philadelphia, PA 19102-5003 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: June 2, 2011 McNEE?S?WALLACE--&??-NURICK LLC By: ( /:? ? Clayton Y. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonAmwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, Plaintiffs V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1420 CIVIL ACTION -LAW NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 To: Integrity Bank 3345 Market Street Camp Hill, PA 17011 National Penn Bank, f/t/a Firstservice Bank Philadelphia and Reading Avenues Boyertown, PA 19512 Cumberland County Office of Domestic Relations 13 North Hanover Street Carlisle, PA 17013-3014 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse Carlisle, PA 17013 Klehr, Harrison, Harvey, Branzburg & Dyna Res, LLC Ellers LLP 1054 Derywdd Lane Attn: Shahan G. Teberian Berwyn, PA 19312 260 S. Broad Street Philadelphia, PA 19102-5003 Michael L. Bangs 1054 Derywdd Lane Berwyn, PA 19312 Hoyt W. Bangs 1054 Derywdd Lane Berwyn, PA 19312 Alice P. Bangs 1054 Derywdd Lane Berwyn, PA 19312 TAKE NOTICE: Tenant 302 S. 18th Street Lower Allen Township, PA 17011 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 7, 2011 TIME: 10:00 AM LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: All that certain piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, being known as 302 18th S. Street, Lower Allen Township, Cumberland County, PA, 17011; Parcel No. 13-22-0826-005. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Dyna Res, LLC, Hoyt W. Bangs and Alice P. Bangs, No. 09-1420, in the amount of $3,507,083.66, plus interest at a rate of $728.35 per day after March 6, 2009, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is: Michael L. Bangs and Hoyt W. Bangs. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE; 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: June 2, 2011 By; ?aviddsonn Clayton W. PA Attorney I. D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson c mwn.com Attorneys for Plaintiff Legal Description Hoyt Bank's one half (1/2) interest in the following real property: ALL THAT CERTAIN piece or parcel of land, with the building and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described in accordance with the Plat of Survey prepared by Charles W. Junkins, Registered Surveyor, No. 11804-E, of John C. Brilhart, Surveying and Mapping Services, dated 21 September 1984, as follows: BEGINNING at a point in the center of South 18th Street, said point being located a distance of 20.35 feet north of the centerline of north track of Consolidated Rail Corporation (formerly Reading Company) known as the Philadelphia, Harrisburg and Pittsburgh Branch and identified as Line Code 0333 in the records of the United States Railway Association; thence along the center of South 18th Street, North 17 degrees 44 minutes 20 seconds West, a distance of 78.78 feet to a point; thence along lands now or formerly of Ronald P. Peifer, Ralph Mayer, Romane E. Price, Dorothy S. Smith, Guy Bucher, Vernon E. Anderson and Arthur R. Davidson, by a curve to the right, passing through an iron pin set in the easterly line of South 18th Street, and said curve having a radius of 3,919.83 feet, an arc length of 740.37 feet, the chord of which is North 54 degrees 36 minutes 34 seconds East, 739.37 feet to a pipe; thence along lands now or formerly of Hempt Bros., Inc., South 32 degrees 01 minute East, a distance of 26.24 feet to a point; thence continuing along lands now or formerly of Hempt Bros., Inc., North 62 degrees 11 minutes East, a distance of 411.24 feet to an iron pin; thence South 06 degrees 08 minutes West, a distance of 61.39 feet to an iron pin, said pin being distant 20.35 feet by a radial measurement northerly from the centerline of said North track; thence southerly by a curve to the left concentric with and distance 20.35 feet by a radial measurement northerly from said centerline of track of arc length of 1134.08 feet to the point of beginning, said curve having a radius of 3848.43 feet and a chord which bears South 57 degrees 12 minutes 41 seconds West a distance of 1129.83 feet (erroneously referred to as North 57 degrees 12 minutes 41 seconds East a distance of 1129.83 feet in prior deed). CONTAINING 1.663 acres of land, more or less. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY`OF CUMBERLAND) NO 09-1420 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK Plaintiff (s) From DYNA RES, LLC, HOYT W. BANGS AND ALICE P. BANGS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (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: $3,507,083.66 L.L.: Interest FROM 3/7/09 -- $728.35 A DAY Arty's Comm: % Due Prothy: $2.00 Arty Paid: S10.50 Other Costs: Plaintiff Paid: Date: 6/6/11 L f? ' David D. Bu 11, Prothonota (Seal) Deputy REQUESTING PARTY: Name: CLAYTON W. DAVIDSON, ESQUIRE Address: McNEES WALLACE & NURICK LLC 100 PINE STREET PO BOX 1166 HARRISBURG, PA. 17108-1166 Attorney for: PLAINTIFF Telephone: 717-237-5300 Supreme Court ID No. 79139 TRUE COPY FROM RECORD In Testimony whereof, I hare unto set rry hand and the se I of 6aid Court at Carlisle, Pa. This day of 20 Prothonotary /1" //W Z41 On June 9, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 302 S. 18th Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 9, 2011 By: Real Estate Coordinator i+- CUMBERLAND LAW JOURNAL Writ No. 2009-1420 Civil Integrity Bank VS. Dyna Res, LLC Hoyt W. Bangs Alice P. Bangs Atty.: Clayton Davidson Hoyt Bank's one half (1 /2) interest in the following real property: ALL THAT CERTAIN piece or parcel of land, with the building and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, be- ing more particularly bounded and described in accordance with the Plat of Survey prepared by Charles W. Junkins, Registered Surveyor, No. 11804-E, of John C. Brilhart, Survey- ing and Mapping Services, dated 21 September 1984, as follows: BEGINNING at a point in the cen- ter of South 18th Street, said point being located a distance of 20.35 feet north of the centerline of north track of Consolidated Rail Corporation (formerly Reading Company) known as the Philadelphia, Harrisburg and Pittsburgh Branch and identified as Line Code 0333 in the records of the United States Railway Association; thence along the center of South 18th Street, North 17 degrees 44 minutes 20 seconds West, a distance of 78.78 feet to a point; thence along lands now or formerly of Ronald P. Peifer, Ralph Mayer, Romane E. Price, Doro- thy S. Smith, Guy Bucher, Vernon E. Anderson and Arthur R. Davidson, by a curve to the right, passing through an iron pin set in the easterly line of South 18th Street, and said curve having a radius of 3,919.83 feet, an arc length of 740.37 feet, the chord of which is North 54 degrees 36 min- utes 34 seconds East, 739.37 feet to a pipe; thence along lands now or formerly of Hempt Bros., Inc., South 28 32 degrees 01 minute East, a dis- tance of 26.24 feet to a point; thence continuing along lands now or for- merly of Hempt Bros., Inc., North 62 degrees 11 minutes East, a distance of 411.24 feet to an iron pin; thence South 06 degrees 08 minutes West, a distance of 61.39 feet to an iron pin, said pin being distant 20.35 feet by a radial measurement northerly from the centerline of said North track; thence southerly by a curve to the left concentric with and distance 20.35 feet by a radial measurement north- erly from said centerline of track of arc length of 1134.08 feet to the point of beginning, said curve having a radius of 3848.43 feet and a chord which bears South 57 degrees 12 minutes 41 seconds West a distance of 1129.83 feet (erroneously referred to as North 57 degrees 12 minutes 41 seconds East a distance of 1129.83 feet in prior deed). CONTAINING 1.663 acres of land, more or less. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 29 da of Jul 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020. Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Zhe Patr1ot Dews Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dally and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/15111 07/22/11 Sworn to and, I bscribed before m? this 18 day of August, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA 07/29/11 i Notsrlail Seal Sherrie L, Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pepnsvlvania Association ref Notaries 2009.1420 Chill Term Integrity Bank Vs Dyna Res, LLC Hoyt W. Bangs Alice P. Bangs Atty: Clayton Davidson I lovt Bank's one half (1f2) interest in the following real property: ALL THAT CERTAIN piece or parcel of land, with the building and improvements thereon erected, situate in the Township of lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described in accordance with the Plat of Survey prepared by Charles W. Junkins, Registered Surveyor, No. 11804-E, of John C. Brilhart, Surveying and Mapping Services, dated 21 September 1984, as follows: BEGINNING at a point in the center of South 18th Street, said point being located a distance of 20.35 feet north of the centerline of north track of Consolidated Rail Corporation (formerly Reading Company) known as the Philadelphia, Harrisburg and Pittsburgh Branch and identified as Line Code 0333 in the records of the United States Railway Association; thence along the center of South 18th Street, North 17 degrees 44 minutes 20 seconds West, a distance of 78.78 feet to a point; thence along lands now or formerly of Ronald P. Peifer, Ralph Mayer, Romane E. Price, Dorothy S. Smith, Guy Bucher, Vernon E. Anderson and Arthur R. Davidson, by a curve to the right, passing through an iron pin set in the easterly We of south 18th Street, and said curve having a radius of 3,919.83 feet, an arc length of 740.37 feet, the chord of which is North 54 degrees 36 minutes 34 seconds East, 739.37 feet to a pipe; thence along lands now or formerly of Hempt Bros.; Inc., South 32 degrees Of minute East, a distance of 26.24 feet to a point; thence continuing along Sands now or formerly of Hempt Bros., Inc., North 62 degrees 11 minutes East, a distance of 411.24 feet to an iron pin; thence South 06 degrees 08 minutes West, a distance of 61.39 feet to an iron pin, said pin being distant 20.35 feet by a radial measurement northerly from the centerline of said North track; thence southerly by a curve to the left concentric with and distance 20.35 feet by a radial measurement northerhy from said centerline of track of arc length of 1134.08 feet to the point of bumping, said cute having a radius of 3848.43 feet and a chord which bears South 57 degrees 12 minutes 41 seconds West a distance of 1129.83 feet (erroneously referred to as North 57 degrees 12 minutes 41 seconds East a distance of 1129.83 feet prior deed). rONfALNING 1.663 acres of land; more COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f SS: L Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Intel)rity Bank is the grantee the same having been sold to said grantee on the 7 day of September A.D., 2011, under and by virtue of a writ Execution issued on the 6 day of June, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 1420, at the suit of Integrity Bank against, Dyna Res LLC Hoy W. Bangs and Alice P. Bangs is duly recorded as Instrument Number 201131956. IN TESTIMONY WHEREOF, I have hereunto set my hand - _? and seal of said office this !// day of zw tip, A.D.7?? Recorder of Deeds Recorder of Deed vQnbwbW Cmmtr, Cmlf'le, AA MY Commission l: *n die Fast Monday d JwL 2M4 - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff I L L. '.3 i s L U-J Jody S Smith I Chief Deputy 3 , 2912 JAN 20 PM 2: Ek ? Richard W Stewart Solicitor OFF , E F? - RIFF rUMBERLAW Cttl1NI PENNSYLVANIA Integrity Bank Case Number vs. Dyna Res, LLC (et al.) 2009-1420 SHERIFF'S RETURN OF SERVICE 06/15/2011 01:30 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2011 at 1330 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Dyna Res LLC, in the hands, possession, or control of the within named garnishee, "TENANT" located at 302 S 18th Street, Camp Hill, Cumberland County, Pennsylvania 17011 - later found to be Budding Company, 308 S 18th Street, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Chris Lanza, Manager of the Budding Company, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him/her. The writ of execution and notice to defendant was mailed on June 15, 2011 to Alice P. Bangs at 1043 Deryd Lane, Berwyn, PA 19312; to Hoyt. W. Bangs at 1043 Deryd Lane, Berwyn, PA 19312; and to Dyna Res, LLC at 1054 Deryd Lane, Berwyn, PA 19312. NOTE: The physical property located at 302 S. 18th Street was found to be vacant; an employee of the Budding Company saw Deputy Cline walking around the property and alerted the manager, Chris Lanza. 01/20/2012 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: $119.93 January 20, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF F;,1 ?7G9C'C'? SHERIFF'S OFFICE OF CUMBERLAND COUNTY .onny R Anderson Sheriff _ Jody S Smith Chief Deputy 2012 JAN 2D Phi 2; 41 Richard W Stewart Solicitor CUMBERLAND D COUNTY PENNSYLVANIA Integrity Bank Case Number vs. Dyna Res, LLC (et al.) 2009-1420 SHERIFF'S RETURN OF SERVICE 05/16/2011 11:12 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 16, 2011 at 1112 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Dyna Res, LLC; Hoyt W. Bangs; and Alice P. Bangs, in the hands, possession, or control of the within named garnishee, Camp Hill Food, Inc. D/B/A Speedy Mart, 1715 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Ashvinkumar B. Patel, Assistant Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him/her. The writ of execution and notice to defendants was mailed on May 18, 2011 to Dyna Res, LLC at 1054 Derydd Lane, Berwyn, PA 19312; Hoyt W. Bangs at 1054 Derrydd Lane, Berwyn, PA 19312; and to Alice P. Bangs at 1054 Derydd Lane, Berwyn, PA 19312. 01/20/2012 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: $119.42 January 20, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF a Cab f 'j . ('-, . 7 000,2 is) CountySuite Sheriff, Te!eosott. Inc. INTEGRITY BANK, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1420 DYNA RES, LLC, HOYT W. BANGS ti and ALICE P. BANGS -'? Respondents CIVIL ACTION - LAW r°? mac, NOTICE - ?, zr You have been sued in court. If you wish to defend against the claims set forAin following pages, you must take action within twenty (20) days after this complaint an6no?ke ?ft served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION 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 INTEGRITY BANK, Petitioner V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1420 : CIVIL ACTION -LAW AVISO Usted ha sido demandado en el tribunal. Si usted desea defender contra los reclamos expuso en las paginas siguientes, usted debe tomar medidas dentro de veinte (20) dias despues que esta queja y la nota se sirven, entrando una apariencia escriben personalmente o por abogado y archivando en la escritura con el tribunal sus defensas o las objecciones a los reclamos exponen contra usted. Usted es advertido que si usted falla de hacer asi que el caso pueda avanzar sin usted y un juicio puede ser entrado contra usted por el tribunal sin nota adicional para cualquier dinero reclamado en la queja o para cualquier otro reclamo o el alivio solicitados por el demandante. Usted puede perder dinero o propiedad u otros derechos importantes a usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED no TIENE a UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR a UN ABOGADO. SI USTED no PUEDE PROPORCIONAR para EMPLEAR UN ABOGADO, ESTE MAYO de la OFICINA ES CAPAZ de PROPORCIONARLO CON INFORMACION ACERCA DE las AGENCIAS que ESE MAYO OFRECE los SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O ningun HONORARIO. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Clayton W. Davidson, Esquire PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717)-232-5300 (Fax) (717) 232-8000 (Phone) cdavidson@mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, Petitioner V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1420 CIVIL ACTION -LAW PETITION TO FIX FAIR MARKET VALUE Petitioner, Integrity Bank, by and through its undersigned counsel, hereby files this Petition to Fix Fair Value pursuant to 42 Pa. C.S.A § 8103(a)&(c) and Pa.R.C.P. Nos. 3281-3285 and in support hereof avers the following: Parties 1. Petitioner, Integrity Bank ("Integrity Bank"), is a Pennsylvania financial institution with a principal place of business located at 3345 Market Street, Camp Hill, Pennsylvania 17011. 2. Respondent, Dyna Res, Inc. ("Dyna Res"), is a Pennsylvania limited liability corporation, with a mailing address of 1054 Derwydd Lane, Berwyn, Pennsylvania 19312. 3. Respondents, Hoyt W. Bangs and Alice P. Bangs (the "Bangs"), are married adult individuals with a last known address of 1054 Derwydd Lane, Berwyn, Pennsylvania. 19312. Loan Background 4. On April 18, 2007, Integrity Bank agreed to loan Dyna Res the sum of Three Million Four Hundred Thousand dollars ($3,400,000.00) (the "Loan") for a business purpose as evidenced by a Mortgage Note Agreement and a Construction/ Permanent Loan Agreement (the "Note). 5. On April 17, 2007, the Bangs agreed to act as unconditional guarantors and sureties for, among other things, the prompt payment for the debt when due under the Note and immediately thereafter executed a Guaranty and Suretyship Agreement (the Guaranty Agreement") evidencing their obligations to the Bank. Judgment 6. On March 6, 2009, Integrity Bank confessed judgment under the Note and Guaranty Agreement against Dyna Res and the Bangs in the Court of Common Pleas of Cumberland County Pennsylvania docketed as case number 09-1420 in the amount of $3,507,083.66 along with interest accruing at $728.35 per diem following March 6, 2009, costs and reasonable attorney's fees until paid in full (the "Judgment"). 7. On or about June 17, 2009, Dyna Res voluntarily transferred all of its assets in its aviation business (the "Business Assets") to Integrity Bank. 8. Integrity Bank values the Business Assets at $2,500,000.00 and has given a credit in that amount towards the Judgment as of June 17, 2009. Property 9. The real property giving rise to this Petition is known as 302 S. 18'h Street, Lower Allen Township, Cumberland County, Pennsylvania; parcel number: 13-22-0826-005. By deed dated October 7, 1991, the property was conveyed unto Hoyt W. Bangs and Michael L. Bangs. Upon execution of the Judgment, Hoyt W. Bangs one half (1/2) interest in the property was seized (the "Real Property") Sheriff s Sale 10. On September 7, 2011, the Real Property was sold by the Cumberland County Sheriff to Integrity Bank and on November 2, 2011, the Real Property was transferred by the Cumberland County Sheriff to Integrity Bank by a deed recorded at instrument number 201131956 in the Cumberland County Recorder of Deeds Office. Deficiency 11. Integrity Bank believes the fair market value of the Real Property as of September 7, 2011, was $150,000.00. 12. Integrity Bank believes the Judgment should be reduced to $947,898.56 as of September 8, 2011 along with interest accruing at the rate of 6% per annum given the value of the Real Property and the previous credit towards the Judgment for the Business Assets. 13. The following named persons are the only persons known to Integrity Bank may be directly or indirectly liable for the payment of the debt on which the Judgment is based: Dyna Res, LLC Hoyt W. Bangs 1054 Derwydd Lane 1054 Derwydd Lane Berwyn, PA 19312 Berwyn, PA 19312 Alice P. Bangs 1054 Derwydd Lane Berwyn, PA 19312 WHEREFORE, Integrity Bank, requests this Honorable Court to enter an order: (a) determining the fair market value of the Real Property as of September 7, 2411, to be in the amount of $150,000.00, and (b) to reduce the Judgment to $947,898.56 as of September 8, 2011 along; with interest accruing at the rate of 6% per annum. McNEES WALLACE & NURICK LLC Date: February 16, 2012 By: / Clayton KDavidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(a?,mwn.com Attorneys for Integrity Bank VERIFICATION I, Wayne Stefanovich, verify that I am authorized to make this verification on behalf of Integrity Bank and the facts contained in the foregoing Petition to Fix Fair Market Value are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, f r p` Wayne Stdfanovic Integrity Bank INTEGRITY BANK, PLAINTIFF V. DYNA RES, LLC, HOYT W. BANGS, AND ALICE P. BANGS, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1420 CIVIL ORDER OF COURT AND NOW, this 27th day of February, 2012, upon consideration of Plaintiff's Petition to Fix Fair Market Value; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Dyna Res, LLC, Hoyt W. Bangs, and Alice P. Bangs to show cause why the relief requested by the Plaintiff should not be granted; 2. Defendant shall file an Answer to the Motion on or before March 23, 2012; 3. Hearing/Argument on the Motion will be held on Wednesday, June 6, 2012, at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ? Clayton Davidson, Esquire Attorney for Plaintiff ? Dyna Res, LLC V Hoyt W. Bangs VAlice P. Bangs Defendants "'P`, es ma, I-e,' #14-7//a By the Court, h) q M. L. Ebert, Jr., J;?a -C -.s CD C7 `P -, `- bas ,ej/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 2 'U!? MnlR 28 Ai > tY -UMBER, 41[j U";U'11 i Integrity Bank vs. Dyna Res, LLC (et al.) Case Number 2009-1420 SHERIFF'S RETURN OF SERVICE 02/22/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Dyna Res, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Chester County, Pennsylvania to serve the within Complaint and Notice according to law. 02/22/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Hoyt W. Bangs, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Chester County, Pennsylvania to serve the within Complaint and Notice according to law. 02/22/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Alice P. Bangs, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Chester County, Pennsylvania to serve the within Complaint and Notice according to law. 03/05/2012 12:40 PM - Chester County Return: And now March 5, 2012 at 1240 hours I, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Alice P. Bangs by making known unto herself personally, at 1054 Derwydd Lane, Berwyn, Pennsylvania 19312 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/05/2012 12:40 PM - Chester County Return: And now March 5, 2012 at 1240 hours I, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Hoyt W. Bangs by making known unto Alice P. Bangs, Co-Defendant for Dyna Res, LLC at 1054 Derwydd Lane, Berwyn, Pennsylvania 19312 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/05/2012 12:40 PM - Chester County Return: And now March 5, 2012 at 1240 hours I, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dyna Res, LLC by making known unto Alice P. Bangs, Co-Defendant for Dyna Res, LLC at 1054 Derwydd Lane, Berwyn, Pennsylvania 19312 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $69.00 March 21, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 'oo-ySuite Sher^`t. ie eosut. 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DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Respondents TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL-VA : NO. 09-1420 CIVIL ACTION - LAW' -y g PRAECIPE Please enter judgment in the above-captioned proceeding in favor of Petitioner, Integrity Bank, and against Respondents, Dyna Res, LLC, Hoyt W. Bangs and Alice P. Bangs, in the amount of $947,898.56 as of September 8, 2011 along with interest accruing at the rate of 6% per annum, plus costs and reasonable attorneys' fees as allowed by law for costs of collection until paid in full. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file a pleading to Petitioner's Petition to Fix Fair Market Value which contained a notice to defend within twenty (20) days of service thereof, and after 10-day Notice(s) of intention to file this Praecipe was or were sent. Pursuant to Pa. R.C.P. No. 237.1, I hereby certify that notice of intent to take a default judgment was forwarded to Dyna Res, LLC, Hoyt W. Bangs and Alice P. Bangs by United States Mail, first class, postage prepaid, on March 29, 2012. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A Copy of the notice and Postal Form 3817 are attached hereto " McNEES WALLACE & NURICK LLC Date: April 18, 2012 By: Clayton . Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cavidson@mwn.com Attorneys for Integrity Bank f 4 lb.s6pld? k_ l4 a 1I 6 P-,u a7 a1 N b h Uat(-ed. INTEGRITY BANK, Petitioner V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1420 CIVIL ACTION- LAW IMPORTANT NOTICE TO: Hoyt W. Bangs 1054 Derwydd Lane Berwyn, PA 19312 DATE OF NOTICE: March 29, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By: Clayton V. Davidson Attorney I.D. 79139 100 Pine Street -P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717) 260-1731 Phone: (717) 232-8000 Attorneys for Integrity Bank INTEGRITY BANK, Petitioner V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1420 : CIVIL ACTION- LAW IMPORTANT NOTICE TO: Dyna Res, LLC 1054 Derwydd Lane Berwyn, PA 19312 DATE OF NOTICE: March 29, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By: Clayton W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717) 260-1731 Phone: (717) 232-8000 Attorneys for Integrity Bank INTEGRITY BANK, Petitioner V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1420 : CIVIL ACTION - LAW IMPORTANT NOTICE TO: Alice P. Bangs 1054 Derwydd Lane Berwyn, PA 19312 DATE OF NOTICE: March 29, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By: Clayton W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717) 260-1731 Phone: (717) 232-8000 Attorneys for Integrity Bank OWUNITED STATES Certificate Of POST/?L SERVICES Mailing This Certificate of Mailing provides evidence that man has been presented to USPS® for mailing This form may be used for domestic and international mail. From: - McNees Wallace & Nurick LLC - 100 Pine Street _ P.O. Box 1166 Harrisburg, PA 17108-1166 _rr To: .y• r?t ?$ los ?v?vti? T PA ???31Z PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES Certificate Of POSTAL SERVICE Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing This form may be used for domestic and international mail. From: - McNees Wallace & Nurick LLC - 100 Pine Street _ P.O. Box 1166 - Harrisburg, PA 17108-1166 4,0 PlIr PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES Certificate Of POSTAL SERVICE® Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: - McNees Wallace & Nurick LLC 06 ? N - 100 Pine Street Q? FR' _ P.O. Box 1166 L9 - Harrisburg, PA 17108-1166 `, To: 1? of / I ID x Q , s _ GC r:> o 'cry l L; -r G J `?r O G N O r ,n - a f JD O .a. T .s i- NNW p PS Form 3817, April 2007 PSN 7530-02-000-9065 INTEGRITY BANK, Petitioner V. DYNA RES, LLC, HOYT W. BANGS and ALICE P. BANGS, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1420 : CIVIL ACTION-LAW NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: Dyna Res, LLC 1054 Derwydd Lane Berwyn, PA 19312 Hoyt W. Bangs 1054 Derwydd Lane Berwyn, PA 19312 Alice P. Bangs 1054 Derwydd Lane Berwyn, PA 19312 You are hereby notified that on April 05 2012, the following judgment has been entered against you in the above captioned case: Judgment in favor of Petitioner, Integrity Bank, and against Respondents, Dyna Res, LLC, Hoyt W. Bangs and Alice P. Bangs, in the amount of $947,898.56 as of September 8, 2011 along with interest accruing at the rate of 6% per annum, costs and reasonable attorney's fees, through the date of payment, including on and after the date of entry of judgment. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file an answer to the Petitioner's Petition to Fix Fair Market Value in the above captioned case within twenty (20) days from the date of service of said Petition and within 10-day Notice of intention to enter def t judt. Dated: April .4 2012 Prothonotary I hereby certify that the proper persons to receive this notice under Pa. R.C.P. 236 are: Dyna Res, LLC 1054 Derwydd Lane Berwyn, PA 19312 Alice P. Bangs 1054 Derwydd Lane Berwyn, PA 19312 Date: April 18, 2012 Hoyt W. Bangs 1054 Derwydd Lane Berwyn, PA 19312 McNEES WALLACE & NURICK LLC By: Clayton W. Davidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cavidson@mwn.com Attorneys for Integrity Bank INTEGRITY BANK, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DYNA RES, LLC, HOYT W. BANGS, AND ALICE P. BANGS, DEFENDANTS NO. 09-1420 CIVIL ORDER OF COURT AND NOW, this 2nd day of May, 2012, upon consideration of Plaintiff's Petition to Fix Fair Market Value and the Defendants failing to respond, IT IS HEREBY ORDERED AND DIRECTED that the Hearing/Argument on the Motion that was scheduled on Wednesday, June 6, 2012, at 2:00 p.m. is CANCELLED. By the Court, _,?A -?' ?_ M. L. Ebert, Jr., J. Clayton Davidson, Esquire Attorney for Plaintiff 3 *-' Dyna Res, LLC rrnw ? Hoyt W. Bangs Alice P. Bangs Defendants TW C)41' 2 Q ? w+L- f'?.j bas M'cX • (ed 5/a? p