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HomeMy WebLinkAbout09-1650Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, : IN THE COURT OF COMMON PLEAS OF N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :NO. 09 - 0.0 CIVIL TERM PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. NO. 236 TO: Peter Them Builders, Inc. 820 Fairview Road Carlisle, PA 17013 You are hereby notified that on SZ klkll , judgment by confession was entered against you in the above-captioned case in favor of Commerce Bank/Harrisburg, N.A., as follows: Principal $314,413.30 Late Fees $1,217.32 Costs of Suit (estimated) $500.00 Attorney Fees $31,441.33 Total: $347,571.95* *Plus interest per diem at $41.48, along with additional costs and fees incurred, until paid in full. Date: /,(/ &/141 F ?h Prothonotary /xwn A? Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, : IN THE COURT OF COMMON PLEAS OF N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :NO. 09 - #15? CIVIL TERM PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, : Defendants : NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. NO. 236 TO: Debra B. Them 9 Rapuano Way Carlisle, PA 17013 You are hereby notified that on , judgment by confession was entered against you in the above-captioned case in favor of Commerce Bank/Harrisburg, N.A., as follows: Principal $314,41330 Late Fees $1,217.32 Costs of Suit (estimated) $500.00 Attorney Fees $31,441.33 Total: $347,571.95* *Plus interest per diem at $41.48, along with additional costs and fees incurred, until paid in full. Date: 31141, ff J, f Prothonotary F:TMES\C1ients\11412 Commerce Bank\11412.10\1 1412.10.comconfl.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants NO. 09 - 1 ?S?Q CIVIL TERM CONFESSION OF JUDGMENT Pursuant to the authority contained in the Promissory Note and Commercial Guaranties attached as Exhibits "A," "C," and "B" to the Complaint filed in the above-captioned case, we appear for the Defendants, Peter Them Builders, Inc., Peter P. Them and Debra B. Them, and confess judgment in favor of Commerce Bank/Harrisburg, N.A., against Peter Them Builders, Inc., Peter P. Them and Debra B. Them, as of February 20, 2009, as follows: Principal $314,413.30 Late Fees $1,217.32 Costs of Suit (estimated) $500.00 Attorney Fees $31,441.33 Total: $347,571.95* *Plus interest per diem at $41.48, along with additional costs and fees incurred, until paid in full. Respectfully submitted: MARTSON LAW OFFICES a??44 SS / By: Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, : IN THE COURT OF COMMON PLEAS OF N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 09 - CIVIL TERM PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants COMPLAINT FOR CONFESSION OF JUDGMENT Commerce Bank/Harrisburg, N.A., by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa. R.C.P. No. 2951(b) and in support thereof, avers the following: Plaintiff, Commerce Bank/Harrisburg, N.A., ("Plaintiff') is a Pennsylvania banking corporation located at 3801 Paxton Street, Harrisburg, Pennsylvania. 2. Defendant Peter Them Builders, Inc., is a Pennsylvania corporation with a business address of 9 Rapuano Way, Carlisle, Pennsylvania, and a registered office address at 820 Fairview Road, Carlisle, Pennsylvania. 3. Defendant Peter P. Them is an adult individual residing at 9 Rapuano Way, Carlisle, Pennsylvania. 4. Defendant Debra B. Them is an adult individual residing at 9 Rapuano Way, Carlisle, Pennsylvania. 5. On October 17, 2006, Defendant Peter Them Builders, Inc., entered into certain loan documents, including a Promissory Note ("Note"), with Plaintiffto borrow $295,000.00, and agreed to, among other things, make a payment of $295,000.00, plus all accrued unpaid interest to Plaintiff on October 17, 2008. A true and correct copy of the executed Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 6. In consideration for the Note, Defendant Peter Them Builders, Inc., executed an Open-End Construction Mortgage ("Mortgage") in favor of Plaintiff encumbering the real property located at Lot 97C Hosfeld Road, Carlisle, Pennsylvania. A true and correct copy of the Mortgage is attached hereto and incorporated as Exhibit "B." 7. On October 17, 2006, Defendant Peter P. Them executed a Commercial Guaranty and Disclosure for Confession of Judgment and agreed to, among other things, guarantee full payment and satisfaction of the Note entered into by Defendant Peter Them Builders, Inc. True and correct copies of the Commercial Guaranty and Disclosure for Confession of Judgment are attached hereto as Exhibits "C" and "D" respectively and are incorporated herein by reference. On October 17, 2006, Defendant Debra B. Them executed a Commercial Guaranty and Disclosure for Confession of Judgment and agreed to, among other things, guarantee full payment and satisfaction of the Note entered into by Defendant Peter Them Builders, Inc. True and correct copies of the Commercial Guaranty and Disclosure for Confession of Judgment are attached hereto as Exhibits "B" and "F" respectively and are incorporated herein by reference. 9. The Commercial Guaranty executed by Defendant Peter P. Them and the Commercial Guaranty executed by Defendant Debra B. Them are collectively referred to herein as "Commercial Guaranties." 10. On May 1, 2008, Defendant Peter Them Builders, Inc., executed a Change in Terms Agreement which increased the principal loan amount to $315,000.00, and extended the maturity date from October 17, 2008, to May 1, 2009. A true and correct copy of the executed Change in Terms Agreement is attached hereto as Exhibit "G" and is incorporated herein by reference. 11. On May 1, 2008, Defendant Peter Them Builders, Inc., executed a Modification of Mortgage increasing the principal loan amount from $295,000.00 to $315,000.00. A true and correct copy of the Modification of Mortgage is attached hereto and incorporated as Exhibit "H." 12. Per the Note, Defendant Peter Them Builders, Inc., was to make interest only payments beginning on November 17, 2006. 13. Defendants have defaulted under the Note and Commercial Guaranties, by and including, but not limited to, allowing a material adverse change in their financial condition and failing to make payments as required under the Note (collectively the "Events of Default'). 14. The Note and Commercial Guaranties provide that Plaintiff, after the Events of Default have occurred, may confess judgment against Defendants for all sums due and owing thereunder. 15. The total sum due and owing under the Note and Commercial Guaranties as of February 20, 2009, is itemized as follows: Principal $314,413.30 Late Fees $1,217.32 Costs of Suit (estimated) $500.00 Attorney Fees $31,441.33 Total: $347,571.95* *Plus interest per diem at $41.48, along with additional costs and fees incurred, until paid in full. 16. All conditions precedent have been satisfied to allow Plaintiff to confess judgment against Defendants under the Note and Commercial Guaranties. IT Judgment has not been confessed against Defendants in any other jurisdiction under the Note or Commercial Guaranties. 18. Plaintiff is the holder of the Note and Commercial Guaranties. 19. The Note and Commercial Guaranties were executed and delivered in connection with a commercial transaction, and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 20. Neither the Note nor Commercial Guaranties have been assigned. WHEREFORE, Commerce Bank/Harrisburg, N.A., requests this Court enter judgment by confession against Peter Them Builders, Inc., Peter P. Them and Debra B. Them, in the amount of $347,571.95, along with interest accruing at the per diem rate of $41.48, and additional costs as prayed for in the Complaint. Respectfully submitted, MARTSON LAW OFFICES By -4 s Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: EXHIBIT A PROMISSORY NOTE f'r1i'1Cift81'. 395.l?IO.Ob ' 0,agi WIN, 1:11 , References in the shaded area are for Lender's use only and do not limit the applicability of this document to an Any item above containing " * - has been omitted due to txt lenoth limhatinn. y particular loan or item. Borrower: Peter Them Builders, Inc. (TIN: 25-17510491 9 Rapuano Way Carlisle, PA 17013 Lender: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 3801 PAXTON STREET HARRISBURG, PA 17111 Principal Amount: $295,000.00 PROMISE TO PAY. Peter Them Buliders, Inc. I"Borrower")nltiel Rate: 9.75096 Date of Note: October 17, lawful money of the United States of America, the principal am ount p of Two to COMMERCE so much as may be outsta , it d Ninety-f B Thous d & 00/?? 100 NA. ("lDollars 1$295,000-00) ender"s, Mender-), Or order06 from the date of each advandin n?pge p ymeth Interscest h on the unpaid outstanding principal balance of each advance. Interest shall be calculated of advance. PAYMENT. Borrower will pay this loan In one payment of all outstanding principal plus all accrued unpaid interest on October 17, 2008. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning November 17, 2006, with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or re applicable law, payments will be applied first to any accrued unpaid interest; then to principal; than to any unpaid collection costs; and then to any late charges. The annual Interest rate for this Note Is computed an a 365/360 basis; that Is, b hest rte over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actualpnumb rr the ofr days the, principal annual Interest intere balance is ate outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lander may designate In writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be used. (the "Index"). The Index is not necessarily the lowest rate charged by lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each daily. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 8.250% per annum. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 1.500 percentage points over the Index, resulting in an initial rate of 9.750% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Earl to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued aunpaid interest. I Rather, erarly payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse', or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amour owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 3801 PAXTON STREET, HARRISBURG, PA 17111. INTEREST RESERVES. Borrower authorizes Lender to place $14,000.00 of the Principal Amount as an interest reserve, which is an estimate of the interest de on the Note I"Iterest Reserve"). All interest payments shall be paid from the Interest Reserve. Lender may automatically deduct accrued unpaid interest from the Interest Reserve. Interest will accrue, as described in this Note, on amounts deducted from the Interest Reserve. In the event the interest due under this Note exceeds the Interest Reserve, Borrower will pay accrued unpaid interest when due according to the terms of this Note. Upon maturity, Lender will not advance or disburse the remaining Interest Reserve, if any, to Borrower. The principal due upon maturity will not include any remaining Interest Reserve. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 2.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's agreement, purchase or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Environmental Default. Failure of an property or any environmental agreement executed in connection with any loan. y party to comply with or perform when due any term, obligation, covenant or condition contained in False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business the insolvency of Borrower, the a receiver for any part of Borrower's property, any a for the of commencement of any proceeding under any bankruptcysorginsolvency laws by oar ,against Borrower an t PPointment of a Y type of creditor workout, or the Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. Loan No: 3445250 PROMISSORY NOTE M011tlnued) This inc?g? ent of any of Borrower' s accounts, including deposit accounts, with Lendor. However, this Event not appod faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis Of the creditor of Default Page shallr2 forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture a surety bond for the creditor or forfeiture reserve or bond for the dispute. Proceeding, in an amount determined by Lande?tnoItslsole discretion astbeingdan adequate Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability or any evidenced b this Note. In the event e a death, Lender, at its option, may, but shall not be required ebtedness assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lander, d, to, and, any Default. guaranty of the cuts an indebtedness permit rmit the in doinghe so, Guarantor's estate to Cage In Ownership. Any change in ownership of y Event of Adverse Chan p ° twenty-five percent (25%) or more of the common stock of Borrower, performance of this Note is impaired. pe. A material adverse change occurs in Borrower's financial condition, or Lender believes the of Insecurity. Lender in good faith believes itself insecure, Prospect payment or Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of same provision of this Note within the preceding twelve 1121 months, it may lender demanding cure of such default: ( cures the default within sfifteen , it 15) day r or 2 it the breach of the days, immediate) Y be cured if Borrower, after quires y initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the Mora faulthannftther from continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably fifteen (151 LENDER'S RIGHTS. Upon default, Lender may, ? default and thereafter balance under this Note and all accrued u after giving such noticed as required r applicable law, declare the entire unpaid principal ATTORNEYS' FEES; EXPENSES. Lender may hits or pay someone else to help collect this Note pay that amount. Lender that amount. This includes, subject to any limits under applicable law, lender's attorneys' fees and Lender's legal expenses, there is a lawsuit, including attorneys' fees, expenses for bankruptcy a grower does not pay. Borrower will pay law. or injunction, and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other whether or proceedings (n court efforts to modify or vacate any automatic stay GOVERNING LAW. This Now will be governed by federal law applicable regard to Lender and, to the extent not preempted y the C onweahh of Pennsylvania. its conflicts of law provisions. This Note has ncceptedr ti law, the laws of RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts y Lender in the checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and aII accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which se with Lender (whether law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness and all such accounts, toff would be prohibited by Carlisle, PA 17013. COLLATERAL. Borrower acknowledges this Note is secured by First mortgage on the real estate to be contracted on L against any LINE OF CREDIT. This Note evidences a straight line of credit. of #7C Hosfeld Road, Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructio person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. ^s of an authorized at any time may be POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third pa (ies i transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may instrument signed in connection with the Loan which was incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. eQBorrower agrees deemed appropriate, ? ) nvolved in the loan document or written request by Lender within ten (10) days after receipt by Borrower of such request. Failure Borrower to so er agrees s to any comply with any of Lender, upon notice to Borrower, constitute as event default under the Loan. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the to comply shall, ti the option commitment letter issued by Lander to Borrower on or about October 11, 2006. Upon breach have the right to declare this loan r default and demand terms and conditons in the which shall have accrued thereon. Payment in full of the principal balan eoremainin unPaid, toi°^ therein Lender shall REQUIRED DEPOSIT ACCOUNT. ALL deposit accounts of Borrower and Guarantors to be established with Co ether with all interest, CONSTRUCTION REQUIREMENTS. Borrower shall provide to Bank the copies of following items: Building Plans, Cost bred Listings, All Required Building Permits, and Evidence of Builder's Risk Insurance naming Bank as insured Commerce Bank at or prior to closing. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upo k down, Specification successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AG NCI Sn Please notify us if we heirs, personal representatives, information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies report inaccurate us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG PA should be sent to GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Len enforcing any of its rights or remedies under this Note without losing them. and an 17111. this Note, to the extent allowed by law, waive Borrower presentment, demand for payment, and notice of dishonor. Upon any change Note, and unless otherwise expressly stated in writing, n party who signs this Note, whether other maker, person who guarantor, signs, der may guarantees delay or forgo or endorses endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for loan or release any accommodation maker party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the Collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such this loan without the consent of or notice to anyone other than the any length of time) this are joint and several. If an party with whom the modification p'srt made?s The obligations under this Note other provisions a this Note. portion of this Note is for any reason determined to be unenforcP-h: may modify CONFESSION OF e, it will not affect the enforceability of any JUDGMENT. BORROWER HEREBY IRgFVflrgql y 4IITNr1p17CC nAn1 ??inn,,,rnr ??,?? ,rr..? ^ • ^^ Loan No: 3445250 PROMISSORY NOTE (Cdntihued) Page 3 PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LEND SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. ER PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF SEALED INSTRUMENT ACCORDING TO LAW. A BORROWER: PETER TkEM' UI?p R INC. / i Y ' By. ??` P t P. Them ,President of Peter Them g eiders, (Seal) Inc. ?.•?. aeu,ru., qy, iM7. 7Gtl7, N IYy,,, ?M.' IA N iNM NA?4PW,MGq{,I??p7pK X11.71 V1 011.7p EXHIBIT B SOJI 3 Parcel Identification Number: RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 3801 PAXTON STREET HARRISBURG, PA 17111 2m OC T 18 fln 10 20 WHEN RECORDED MAIL TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111-1418 SEND TAX NOTICES TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG. PA 17111 FOR RECORDERS USE ONLY OPEN - END CONSTRUCTION MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES Amount Secured Hereby: 8295,000.00 THIS MORTGAGE dated October 17, 2006, is made and executed between Peter Them Builders, Inc., whose address is 9 Rapuano Way, Carlisle, PA 17013 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 3801 PAXTON STREET, HARRISBURG, PA 17111 (referred to below as "Lendwl. GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatin to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real to the located In Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as Lot #7C Hosfeld Road, Carlisle, PA 17013. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $286,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR PK ! 969PG3772 MORTGAGE Loan No: 3445250 (Continued) Page 2 ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform ell of Grantor's obligations under this Mortgage. CONSTRUCTION MORTGAGE. This Mortgage is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the Commonwealth of Pennsylvania. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; 12) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the some was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. BK 1969F" 773 MORTGAGE Loan No: 3446250 (Continued) Page 3 Dub to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. CONSTRUCTION LOAN. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property, the Improvements shall be completed no later then the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Grantor shall pay in full all costs and expenses in connection with the work. Lender will disburse ban proceeds under such terms and conditions as Lander may deem reasonably necessary to insure that the Interest created by this Mortgage shall have priority over all possible liens, including those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by rece)pted bills, expense affidavits, waivers of lions, construction progress reports, and such other documentation as Lender may reasonably request. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest In the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sal, dead, installment sale contract, land contract, contract for dead, leasehold Interest with a term greater than three (3) years, lase-option contract, or by sale, assignment, or transfer of any beneficial Interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an Interest in the Real Property. If any Grantor In a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company Interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the Interest of Lender under this Mortgage, except for those Ron* specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's Interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lion arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lion, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evldonce of Psymernt. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lander at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lion, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lander advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgages clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall delver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to BKI969FG3774 MORTGAGE Loan No: 3445250 (Continued) Page 4 give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired In any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the ban and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lander, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lander of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lander shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within ISO days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount.owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such and the requestrof Lender, hhave an Independent ippraiserusati factory too LeexpiraMon date of the nde determ determine the cash policy. value replacement ? shall, upon of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's Interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, Hens, security interests, encumbrances and other claims, at any time ,levied or placed on the Property and paying all,costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (8) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or IC) be treated as a balloon payment which will be due and payable at the Note's maturity, The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all lions and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender, Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the Interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. 8K1 )9PG 3175 MORTGAGE Loan No: 3445250 (Continued) Page 5 CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lander from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lander may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lander's lien on the Real Property. Grantor shall reimburse Lander for ag taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shag take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lander may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of- this Mortgage as a financing statement.. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the KI969PG3776 MORTGAGE Loan No: 3445250 (Continued) Page 6 contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furniphed to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collaterapzation. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insohrancy. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This Includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lander, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. 9 K 19 u I'113 3777 MORTGAGE Loan No: 3445250 (Continued) Page 7 Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) curse the default within fifteen 05) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lander's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise anyone or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lander. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from to Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by .a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest In all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant, and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudlolsl Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be 9K 1969PG3778 MORTGAGE Loan No: 3445250 (Continued) Page 8 made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights end ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser end/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees: Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the coat of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at. seq., ahali be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. Fpr notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more then one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law appBcable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabgity. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or 9K ! .,SgFIG 779 MORTGAGE Loan No: 3445250 (Continued) Page 9 unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforcesbility of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lander in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used In the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Peter Them Builders, Inc. and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. f"CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ('SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Evert of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Peter Them Builders, Inc.. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with Interest on such amounts as provided in this Mortgage. The (lens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. Lender. The word "Lender" means COMMERCE BANKMARRIS BURG N.A., its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated October 17, 2006, in the original principal amount of $295,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications BK l 969PG ", 780 MORTGAGE Loan No: 3445250 (Continued) Page 10 of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR4.1P. PEL RS, C. By: (Seal1 ,President of Petsr T em Builders, Inc. CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows: COMMERCIAL MORTGAGE DEPARTMENT, 3801 PAXTON STREET, HARRISBURG, PA 17111 Attorn or Agent for Mortgagee BK1 ?9 3781 MORTGAGE Loan No: 3445250 (Continued) Page 11 CORPORATE ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF )SS C On thist1he 17 r day of 0, , 2004 , before me CSEL LEE f-- Oij, C CAS! t 1 , the undersigned Notary Public, personally appeared Peter P. Than , PresWeM of Peter Them Builders, Inc., who acknowledged himself or herself to be the President of Peter Than Builders, Inc., of a corporation, and that he or she as such Pneslderrt of Peter Them Builders, Inc., being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself or herself as President of Peter Than Builders, Inc.. M witness whereof, I hereunto set my hand and official seal. m' Na SIX GMSE I SINGLA8, EL MMW MloLIC CARLISLE 9010, CUMGEWIM COUNTY Notary Public in and for the State of _ p0. . MY COMM N D(F s JUNE 2d 200T LAUR MO LwML V.. 7.7&00.0 4 ew. Hof M M.- MMYM4 M. tM. 2M N R01 06r . M K11MMRV4ffM C1k110w, 11F71tlf 1k10 'f 1969PG3782 . ? ..,;. i 3? ? &(.s,eer? .t. ` Exhibit A ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in Township Road No. 431, said point being the Southeastern corner of land now or formerly of Stambaugh; thence by the center of Township Road No. 431, South 74 degrees 51 minutes West 268.75 feet to a point; thence by land being retained now or formerly by Stambunugh, North 13 degrees 33 minutes 53 seconds West 671.09 feet to a point; thence by land now or formerly of Arthur Hosfelt, North 73 degrees 39 minutes 14 seconds East 268.75 feet to a post; thence by the same, South 13 degrees 35 minutes East 676.46 feet to the Place of BEGINNING. ON 19 6 9 PG 31 73 3 EXHIBIT C COMMERCIAL GUARANTY 'References in the shaded area are for Lender's use only and do not Irmrt the applicability of this document to any particular loan or item. Any item above containing • • • has been omitted due to text length limitations. ourruwer; Peter Them Builders, Inc. ITIN: 25-1751049) Lender: COMMERCE BANK/HARRISBURG N.A. 9 Rapuano Way COMMERCIAL MORTGAGE DEPARTMENT Carlisle, PA 17013 3801 PAXTON STREET HARRISBURG, PA 17111 Guarantor: Pear P. Them (SSN: 091-46-06651 9 Rapuano Way Carlisle, PA 17013 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" includes, without limitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection apreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of Borrower, and any present or future judgments against Borrower, future advances, bans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and anisuch-'other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY; ANY PAYMENTS MADE ON THE INDEBTEDNESS. WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without limitation, "new Indebtedness" does not include all or part of the Indebtedness that is: incurred by Borrower prior to revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty, and Guarantor spedfically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars ($0.00), shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (DI to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. COMMERCIAL GUARANTY Loan No: 3445250 (Continued) Page 2 GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lander that (A) no representations of agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (8) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty, (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one-hundred-twenty 11201 days after the and of each fiscal year, Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor. Tax Returns. As soon as available, but in no event later than one-hundred-twenty (120) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lander from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time,.with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or defenses arising by reason of IA) any • "one action" or 'anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; 181 'any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (DI any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone also and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lander so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take sur" other actions as Lender deems necessary or apprp -late to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: COMMERCIAL GUARANTY Loan No: 3445250 (Continued) Page 3 Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall.pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnities and holds Lender harmless from an losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where-the pontext•and"eonstruction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is 'executed by mbrs than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any;qi)d or fntirYbf thed `.'Cliff Wordd +GGuarantor," "Borrower,' and "Lender" include the heirs, successors, assigns, and transferees of etlt:h of th4tn: It A abur;'ijtYdd,tAt{}t( ;provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest, of 4his•Guara" will not be lralid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if-,e-provision 44hia•Gaerantymey be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefecsimile furless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shah be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY," Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Peter Them Builders, Inc. and includes all co-signers and co-makers signing the Note and all their successors and assigns. GAAP. The word "GAAP" means generally accepted accounting principles. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Peter P. Them , and in each case, any signer's successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME COMMERCIAL GUARANTY Loan No: 3445250 (Continued) Page 4 FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (15001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY 18 EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED OCTOBER 17, 2006. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUAR 0 X (Seal) Pet r em INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA I COUNTY OF rQ?? 1 SS 1 ?? rn / /?, On this, the day of , 2p b before me btZCcE t^, ri S 0-7 the undersigned Notary Public, personally appear ? ed Peter P. Than , known to me for satisfactorily y proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. NOTARIAL SEAL GEORGE F. DOUGLAS,, X NOTARY PUBLIC CARLISLE BOROE CUMBERLAND COUNTY MY COMMISSION EXPIRES NE 26 2007 Notary Public in and for the State of rK , lAEE11 LCO L, '. V. E b 00 COL CL/ N„LLn/ F--W ELYLr?L. M. IEO7, low. N POb %-. . M 4:1 . LM"ONEUhMCiCWl10K M-21443 NI.70 EXHIBIT D DISCLO, JRE FOR CONFESSION OF Jl , GMENT .:: :. :.,,, .:... ; ........ ... . References in the shaded area are for Lender's use only?wW do not limit the applicability of d,?? documsrrt to any particular loan or item. Any item above containing has been omitted due to text length limitations. Borrower: Pete Them Builders, Inc. (TIN: 25-1751049) Lender: COMMERCE BANKMARRISSURG N.A. 9 Repusno Way COMMERCIAL MORTGAGE DEPARTMENT Carlisle, PA 17013 3801 PAXTON STREET HARRISBURG, PA 17111 Declarant: Pear P. Them (SSN: 09146-0665) 9 Repusno Way Carlisle, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS _L DAY OF 20j L., A GUARANTY OF A PROMISSORY NOTE FOR $295,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: 8. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: MAMM C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, 1 REPRESENT THAT: INITIALS Q 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECIARA j• R/ X (Seal) Pet P. hem 41311 MIO 1,w?Yp. Yom. ?.YC60M C„r. N?IM,w,n,Yl i,blb,a W. I"7, IDOL, AI Mpb Rrw1. • M M:IMAIM/Ml/1MM?H1LLAI000JC 1R. 3f Y3 114]0 EXHIBIT E COMMERCIAL GUARANTY rfin4qlpal,? - :, [1, . .. R aCS• 1 .•X f'? .. kr Ti 4 .? x'81' ' (n References in the shaded area are for Lender's use only and do not limit the applicability of this document to any Particular loan or item. Any item above containing "• • •" has been omitted due to text length limitations. BOrroWer: Peter Them Builders, Inc. ITIN: 2 5-1 7 51 049) 9 Rapuano Way Carlisle, PA 17013 Guarantor: Debra B. Them ISSN: 096-52-1075) 9 Rapuano Way Carlisle, PA 17013 Lender: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 3801 PAXTON STREET HARRISBURG, PA 17111 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower individually of collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" includes, without limitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection apreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of Borrower, and any present or future judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason Isueh as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. It Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY.- THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER- TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lander of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without limitation, "new indebtedness" does not include all or part of the Indebtedness that is: incurred by Borrower prior to revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars ($0.00), shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars 1$0.00), GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; It) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaramy in whole or in part. COMMERCIAL GUARANTY Loan No: 3445250 (Continued) Page 2 GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that IA) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (e) this Guaranty is executed at Borrower's request and not at the request of Lender; IC) Guarantor has full power, right and authority to enter into this Guaranty; (DI the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially alt of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one-hundred-twenty 1120) days after the end of each fiscal year, Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor. Tax Returns. As soon as available, but in no event later than one-hundred-twenty (120) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; .(E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; IF) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of.collateral including, but not limited to, any rights or defenses arising by reason of IAI any "one action" or "anti-deficiency' law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (8) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (DI any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment.or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements nd to execute documents and to take si other actions as Lender deems necessary or appr ate to perfect, preserve and enforce its rights .ider this Guaranty. .ISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: COMMERCIAL GUARANTY Loan No: 3445250 (Continued) Page 3 Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its confpcts of low provisions. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvanis. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by lender as a result of any breech by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where-there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and ap% one or more of-them.. Ttiq words "Guarantor," "Borrower,' and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds'that any provision of this Guaranty is not valid or should not be enforced, that fact by Itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefaesimile (Unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by. Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DOkATION OF GUARANTY.." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall Include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Peter Them Builders, Inc. and includes all co-signers and cc-makers signing the Note and all their successors and assigns. GAAP. The word "GAAP" means generally accepted accounting principles. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Debra B. Them, and in each case, any signer's successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME COMMERCIAL GUARANTY Loan No: 3445250 (Continued) Page 4 FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($5001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED 'DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED OCTOBER 17, 2006. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X f ? i, (Seal) O hem INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF 1 On this, the day of 15 C-kA , 20 before me GE 6 ILT4-?V- f^ ?C, ?-kC L?'1S the undersigned Notary Public, personally appeared Debra S. Them, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof. I hereunto set my hand and official sea[. % NOTARIAL SEAL > 41 GEORGE F. DOUGLAS, Z- NOTARY PUBLIC Notary Public in and for the State o CARLISLE BOROf CUMBERLAND COUNTY MY COMMISSION EXPIRES JUNE 26 2007 MfM MO L-fts. V".!.7700001 C-Wd-d fin-W f,L.IWL I-. Irv. IM "Rio% -I I4 "1WIIN JL/11 Awftt1rK M.]IY, MW EXHIBIT F DISCLO, JRE FOR CONFESSION OF A ,)GMENT References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any Item above containing `•••" has been omitted due to text length limitations. Borrower: Pater Them Builders, Inc. (TIN: 25.1751049) 9 Rapuanc Way Carlisle, PA 17013 Declarant: Debra S. Them ISSN: 096.52-1075) 9 Ropusno Way Carlisle, PA 17013 Lender: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 3801PAXTON STREET HARRISBURG, PA 17111 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS /7 DAY OF (Dejo , 200(o , A GUARANTY OF A PROMISSORY NOTE FOR $295,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTE _NG. JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: E B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE J UDGMENT IN N MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: 4vma C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INIT,I?4LS 1- I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: (See) Debra .Them Uila qq 4 4." V.. i.aa.pp,pp, C.", -I /han,yi isYlYny , 107,20M III nya, R„e.a,, . IA M:\Na,IAPMU WIMe",p%O Tp.l14a F W EXHIBIT G CHANGE IN TERMS AGREEMENT Rdaennes in the bosas above Borrower. Pow TMe &didem Ire. cam wt is LBO *r COMMON "'WAI MANNA( N.A. COkUNCIAL MORTGAGE DE?Alt"Ma (711)HAt11118N7N11P A 171111 Pdndpd Amount $315,000.00 IrAW Rab: 6.500% Ottla of AOnaRyer? May 4, 2003 DENCftlPr1011 Of 121AItOS M TiERMi. EtlsNire wmitll tit signing of tlrb AOnsnreM and sN ranted dWAnedw. 40 ban arnmt WIN be inaaaad Horn $206.000.0010 !915.000.00 and an hdaraN Reserve will be alabtahad in NO amount Of $20,000 M deleiled below. The maturity dab will be eaboded km October 17, 2008 to May 1. 2000- COfAuraM with the Olip tp and delwwry of Orb shat ant encule a Mod1licad0m of Morlips" to evidame the kxmsed ban smounL e0roanmeM. Bonomuer CONTMUNG a sE anex pe (e?. nlnsi by thin AWeewAK 1M Emma or the oripbW olw4atbn or obigetiorw. indudmg w sirld u pat ablool of the ab? it u (sue) w as d and in fait taros ad aAiex. Consent by Larder to this Aggnanad does not nsalw Ler 1.1 a riyhe to c in this Apreerent WO OWWOute a sedsfftlkm Of the otdipatbo(s). It Is theeiin of mdwr? ? liable h bane. Nothing parties endmer h k%Mft accomwedallan and parties. unless a paAy is epwuty rallaMd by larder In wwdMg AM m*m or and anew moo 80 dda lepteenrsnt "Wore. will tort aI be released by vkkn OF Ban Agnaenenl V any person vent abmd des ortphtet obpgsdm raproeW*ftn to Leniar Ihal vW nort- **v aoteel to chi= 90 P rawkib to of Ob Aftivnentaid Or Oftnviae will rot be rmed by iL This wrAnr ggNes not a* to any Imibt eabtsian, modNsa6one M mbeee. but abo to eI such subeerprad adMrrs. ft* a? due an the !N 101 at10m0tEns Lwemda? b pbse iwjm.00 of d* Prim*W Amount' se et inbnsl rNeve, whidt it aR egimaye of ("Inlanew Rime W). AM inllareaI pwynunb OW be paid Han tit h, Is tZaeew. Laude may adoonsoceity deduct scuiew wow k net fiven tit' - 1 1 st Reserve. M tit went Me inbred due ender 1* Nor eaoseds ft btbnst Paseve. Bonorra will pay accpjee, N any, to hen do* . acconft to the terms or this Wove. Upon maturity. Lander will not adn - as or dhburae the rsnpdmbp hdaest Rvvervv? The tteindpai due upon msiurily WE not include any nmuk ill Interest Reserve- THIN AOAEEIMIT M GNU tM10dt WL AND IT Ism NRDiDIED THAT TH O A M AND SHALL COM$TITtRE AND HAVE THE EFFECT OF A UALO MTRIMfI W ACCOIION G TO LAW. AIiII R T TO . BORM It READ AND IM TODD ALL THE PROV40M of Tm AGREEMENT, goNtOM SUNOW TIM BORROWER: PETER THZO r4i M -1Meq tar o inn \YQMSI?? - a;;;; 1 !»..W,Y- s .4.. rr ..Il?..i 1.r», .M •YHRrr.t rl A.T.Y I.L. RECE I E a MAY 0 5 ordy and do not pereA tlr appticabligr of this doerarrem! b any partlauler boa or item. EXHIBIT H •1 t Parcel Identification Number. RECORDATION REQUESTED BY: commemr; BANMAIAIIRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 3101 PAXTON STREET HARRMBURG,PA 17111 WHEN RECORDED MAIL TO: comma E BANKMANIMURG N.A. LOAN SEWICNG 3191 PAXTON STREET HARRISBURG. PA 17111-1419 SEND TAX NOTICES TO: coMMERCe SAMUNAMMOR RG N.A. LOAN SERVK:MIG 3801PAXTON STREET HARRMMtN . PA 17111 FOR RECORDER'S use ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated May 1, 2008, is made and executed between Peter Them Builders, Inc., whose address is 9 Rapuano Way, Carlisle, PA 17013 (referred to below as "Grantor") and COMMERCE BANKIHARRISBURG NA., whose address is 3801 PAXT ON STREET, HARRISBURG, PA 17111 (referred to below as "Lender"). MORTGAGE Lender and Grantor have entered into a Mortgage dated October 17. 2005 (the "Mortgage') which has been recorded in Cumberland County, Commonwealth of Pennsylvania, as follows; MoAgap teeorded October 19, 2006 in the Office of to Recorder of Deede of Cumberland County, in Mortgage Soak 1969, Pape 3772. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located In Cumberland County, Commonweallh of Pennsylvania: See Exhibit W, which to ataehed to this Modification and made a part of this Modification as if fUtly set forth herein. The Real Property or its address is commonly known as Lot f/7C Flosteld Roed. Carlisle, PA 17013. MODIFICATION. Lander and Grantor hereby modify the Mortgage as follows: The Principal loan amount will be increased from $295,060.00 to $315,000.00. CONTINUING VALIDITY. Except as expressly modified above, the terns of the original Mortgage shop remain unchanged and In full force and effect and am legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shop constitute a setietection of the prombeory note or other credit agnH matt seoured by the Mortgage (the 'Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and wxkn as to the Note, including acconsrodation parties, unless a party is expressly released by Lender in writing. Arty nhaker or endorser, Including accommodation makers, shell not be released by virtue of this Module etion. If any Person who signed the original Mortgage does not sign this Modification. then all persons signing below acknowledge that this Modification is given conditiahapy, based on the representation to Lender that the non-signing parson consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any Initial extension or modification, but also to all stadt subsequent actions. MODIFICATION OF MORTGAGE Loan No: 3445250 (Continued) Page 2 GRANTOR ACKWWLEDGES HAVING READ ALL THE PROVISIONS OF THM MODIFICATION OF MORTGAGE AND GRANTOR AGRED TO ITS TERMS. THIS MODIFICATION OF MORTGAGE M DATED MAY 1, 2008. THIS MODWICATION a GIVEN UNDER SEAL AND IT Ni INTENDED THAT THIS MODIFICATION IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: PETER THE B ILDE I By: _ _ (Seaq POW v r Mm MftlWM,-InZ7- LENDERt COMMERCE BANKRNARRISBURG N.A. X - Authorized Onf {SN1) m CHAjAowSKT CERTIFICATE OF RESIDENCE I hereby certify, that the predse address of Uw modgegee, COMMERCE BANKAIARRI BURG N.A., herein is as follows: COMMERCIAL MORTGAGE DEPARTMENT, 3801 PAXTON STREET, HARRISBURG, PA 17111 Attorney or Agent for Mortgagee op'-J M CAA)KOraSKT MODIFICATION OF MORTGAGE Loan No: 3445250 (Continued) Page 3 CORPORATE ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA Gv V n l ??e(, RW4 ? ss COUNTY OF ) On this, the day of M 20-2%- before me q66Af (- the undersigned Notary public, personally appeared Peter P. Them, Presi3ent of Peter Them BuNders, Inc., who ackno ledged himself or herself to be the President of Peter Them Builders, Inc., of a corporation, and that he or she as such President of Peter Builders, Inc., being authorized to do so, executed the foregoing instrument for the purposes therein contained by si N the name of the corporation by himself or herself as President of Peter Them Builders, Inc.. h? d and official e . NobwW Seal ?NSYLVfW Joseph C. Romanak Nioiaryptj& My ., Daul tomay No 61 Public in and for the State of Tl pea. 11, 2011 Member, Pennsylvania Association of NoteHes LENDER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF (_ -(,1 VY? C1La4'Ad7 ) the of 20 me KOVVSKI who acknowledged himself s; heFeelf to be BA ARRISSURG N.A., and that he or she as such so, executed the foregoing instrument for the pu BANKIHARRISBURG N.A. by himself or herself as t In witness whereof, 1 hereunto set my hand and off COMMONWEALTH OF PENNSYLVANIA / U4.- A C t9 Notarial Seal L:Joseph C.Ro manak NoharyPtlWlc N t y Public in and for the State of watara Twp., Dauphin o nmissiort E)Ores Dea?11u,?2D11 Member, Pennsylvania Association of Notaries ing authorized to do name of COMMERCE LASER PRO Lending, Ver. 5.40.00.003 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Flights Reserved. - PA S:1CFKPL1G201.FC TR-21482 PR-20 Commonwealth of Pennsylvania County of Dauphin SS: On this, the 28th day of May, 2008 before me Joseph C. Romanak, the undersigned Notary Public, personally appeared David M. Chajkowski who acknowledged that he is Commercial Loan Officer of Commerce Bank/Harrisburg, N.A., a national banking association, and that being authorized to do so as Loan Officer, he executed the aforegoing document for the purposes therein contained on behalf of the corporation In witness hereof, I set my hand and officlal)seal the day and year aforesaid. Notary Public Commission Expires; (SEAL) Exhibit A ALL that certain tract of land siftaft In Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point In Township Road No. 431, said point being the Southeastern corner of land now or formerly of Stassbaugh; thence by the center of Township Road No. 431, South 74 degrees 51 minutes Wean 265.75 feet to a point; theace by land being retsimd now or formerly by Stambunugh, North 13 degrees 33 minutes 53 seconds West 671.09 feet to a point; thence by land now or formerly of Arthur Hosfelt, North 73 degrees 3' minutes 14 seconds East 268.75 feet to a post; thence by the some, South 13 degrees 35 minutes East 676.46 feet to the place of BEGINNING. In Cul-nbc and Cou ly PA Recorder of Deeds 1969PG3783 0610412008 10:25.42 AM CUMBERLAND COUNTY Inst.# 200637998 - Page 12 of 12 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200818614 Recorded On 6/4/2008 At 11:36:06 AM * Instrument Type - MODIFICATION OF MORTGAGE Invoice Number - 22274 User ID - KW * Mortgagor - THEM PETER BUILDERS INC * Mortgagee - COMMERCE BANK/HBG N A * Customer - UNITED ONE RESOURCES INC * FEES STATE WRIT TAR $0.50 RECORDING FEES - $13.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $19.00 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ¢ ? s RECORDER O /DZD S ipso - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 00OS89 VERIFICATION I, Amy Custer of Commerce Bank/Harrisburg, N.A., acknowledge I have the authority to execute this Verification on behalf of Commerce Bank/Harrisburg, N.A., and certify that the foregoing Complaint for Confession of Judgment is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint for Confession of Judgment is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint for Confession of Judgment is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. COMMERCE BANKIHARRISBURG, N.A. By: - A'ffiy Custe Asset Recovery Supervisor Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff I:UN11V1hXU-t BANK/HARRISBURG, N.A., Plaintiff V. PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 - CIVIL TERM NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 PA. C.S.A. §2737.1. (Act 105 of 2000) To: All Defendants PURSUANT TO 42 PA. C.S.A. SECTION 273 IF YOU HAVE BEEN INCORRECTLY IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YOU, YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. INSTRUCTIONS REGARDING THE PROCEDURE TO STRIKE THE CONFESSED JUDGMENT ARE SET FORTH BELOW: Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment (a) (1) Relief from a judgment by confession shall besought 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 Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (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 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. () The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. You may have other rights available to you other than as set forth in this notice. 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, Pennsylvania (717) 249-3166 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANKIHARRISBURG, : IN THE COURT OF COMMON PLEAS OF N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 09 - CIVIL TERM PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants CERTIFICATE OF RESIDENCE We hereby certify that the last known addresses of the Defendants are: Peter Them Builders, Inc. 9 Rapuano Way Carlisle, PA 17013 Peter P. Them 9 Rapuano Way Carlisle, PA 17013 Debra B. Them 9 Rapuano Way Carlisle, PA 17013 The address of Plaintiff is: 3801 Paxton Street, Harrisburg, PA 17111 MARTSON LAW OFFICES BY•(24 4 s /L1 5,167-01 Christopher E. Rice, Esquire Date: Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 - CIVIL TERM NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Peter Them Builders, Inc. A judgment in the amount of $347,571.95 has been entered against you and in favor of the plaintiff without anyprior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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, Pennsylvania (717) 249-3166 MARTSON LAW OFFICES BY 011?fr l le-, Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: g- /&- of Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, : IN THE COURT OF COMMON PLEAS OF N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 09 - CIVIL TERM PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Peter P. Them A judgment in the amount of $347,571.95 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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, Pennsylvania (717) 249-3166 MARTSON LAW OFFICES By r Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: 3-l!0" 09 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, : IN THE COURT OF COMMON PLEAS OF N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 09 - CIVIL TERM PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Debra B. Them A judgment in the amount of $347,571.95 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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, Pennsylvania (717) 249-3166 MARTSON LAW OFFICES By C Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: 3'IG' 0 / Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, : IN THE COURT OF COMMON PLEAS OF N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 09 - CIVIL TERM PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants AFFIDAVIT I, Christopher E. Rice, Esquire, attorney for Plaintiff, hereby certify, that to the best of my knowledge, that the Confession of Judgment for Money attached is not being entered against a natural person in connection with a consumer credit transaction. ( 2 -'/' C It Christopher E. Rice, Esquire Sworn to and subscribed before me this ay of March, 2009. lit .Qi ublic CQINMONWEALTH OF PEWYLVANW NOWN Seel Mloy k P" Notoy PdAc Cobb Bow, cw bwbw Gamy * oortr *wbn E*h* Aup.18, 9091 Menltwi Pennt*snle AnodMbn of NotaAes Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendants Peter P. Them and Debra B. Them are not in the military service of the United States of America, that he has knowledge that the said Defendants are now living at: 9 Rapuano Way, Carlisle, Pennsylvania. It is believed that Defendant Peter P. Them is employed by Peter Them Builders, Inc. Defendant Debra B. Them's place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of arch, 2009. A coONwEw.7H OF PENNSYLV/WIA f, 1A ) ?J, U N t Public c? Ir1y CWM*WM E*W AAt4 A 22M 1 Wftw: P61"**8n1W*A oodW@0w of 0101W •w 'V r? N €Ti ` Y ( tw -4 Cam.} f ?'' Co Sheriffs Office of Cumberland County R Thomas Kline 4LOW"p at ClImbrr"04# Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE C'"E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/17/2009 07:32 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2009 at 1932 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Debra B. Them, by making known unto Peter P. Them, husband of defendant, at 9 Rapuano Way, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/17/2009 07:32 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2009 at 1932 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Peter Them, by making known unto Peter Them personally, at 9 Rapuano Way, Carlisle. Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/24/2009 06:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2009 at 1825 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Peter Them Builders, Inc., by making known unto Peter Them, President, at 9 Rapauno Way, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $70.32 March 25, 2009 SO AN?; R THOMAS KLINE, SHERIFF Deputy Seri puty Sheriff Docket No. 2009-1650 Ca=erce Bank v Peter Them Builders, Peter & Debra Them LO LIJ 1.....; _. S ?yF t7? -r ?i ? V . , FAFILES\Clients\11412 Commerce Bank111412.10\11412.10.pra2.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PETER THEM BUILDERS, INC., PETER P. THEM, and DEBRA B. THEM, Defendants To the Prothonotary of Cumberland County: : NO. 09 - 1650 CIVIL TERM PRAECIPE Please amend the caption of this matter in accordance with the Consent attached hereto. MARTSON LAW OFFICES Date: 57,2,? '0 1 By: 6h-414-- S. ?-..v Christopher E. Rice, Esquire Attorney I.D. 90916 Seth T. Mosebey, Esquire Attorney I.D. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff t ... COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. PETER THEM BUILDERS, INC., a.k.a. PETER THEM BUILDER, INC., PETER P. THEM, and DEBRA B. THEM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09 - 1650 CIVIL TERM CONSENT By execution of this consent, counsel for Plaintiff and Defendants hereby consent, with the authorization of their clients, to amend the caption of this matter, as reflected above, to amend the name of Defendant Peter Them Builders, Inc., to Peter Them Builders, Inc., a.k.a Peter Them Builder, Inc. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SALZMANN HUGHES, P.C. By: F, btn? Yeoge F. Douglas, III, quire Attorney I.D. C r TY 6 354 Alexander Spring Road Carlisle, PA 17015 (717) 249-6333 Attorneys for Defendants Fl IS F NIB HAY 22 Alt 1c• 1 ?i r r.r RWILES\Clients\11412 Cone ce Bank\11412.10\1 1412.I0.pm1.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, N.A., Plaintiff :NO. 09 - 1650 CIVIL TERM V. PETER THEM BUILDERS, INC., a.k.a. PETER THEM BUILDER, INC., PETER P. THEM, and DEBRA B. THEM, Defendants PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Please issue a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Defendant Peter Them Builders, Inc., a.k.a. Peter Them Builder, Inc.; (3) enter this writ in the judgment index against Defendant Peter Them Builders, Inc., a.k.a. Peter Them Builder, Inc., as a lis pendens against real property in Cumberland County, Pennsylvania, owned by Peter Them Builders, Inc., a.k.a. Peter Them Builder, Inc., and located at Lot 7C, Hosfeld Road, Carlisle, Cumberland County, Pennsylvania, a.k.a. 27 Hosfeld Road, Carlisle, Pennsylvania (a copy of the legal description is attached hereto); (4) Amount due Late payment charges Interest from February 20, 2009, at $41.48 per day Attorneys' fees Costs to be added $314,413.30 $1,217.32 $31,441.33 * To be determined by the Sheriff of Cumberland County, Pennsylvania. (5) Please attach the Affidavit Pursuant to Rule 3129.1 that Plaintiffprepared and is being filed simultaneously with this Praecipe. Certification I certify that (a) This Praecipe is based upon a judgment entered by confession, and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a return of service filed of record. MARTSON LAW OFFICES By: (?3z '4a' r_ 1&--; Christopher E. Rice, Esquire Attorney I.D. 90916 Seth T. Mosebey, Esquire Attorney I.D. 203046 10 East High Street Carlisle, PA 17013 y (717) 243-3341 Date: 2Z 'O/ Attorneys for Plaintiff '6- DOCKET NO. 09-1650 LEGAL DESCRIPTION Cumberland County Deed Book 277, Page 829 Tax Parcel No. 31-10-0624-007C ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in Township Road No. 431, said point being the Southeastern corner of land now or late of Stambaugh; thence by the center of Township Road No. 431, South 74 degrees 51 minutes West 268.75 feet to a point; thence by land now or late of Stambaugh, North 13 degrees 33 minutes 53 seconds West, 671.09 feet to a point; thence by land now or late of Arthur Hosfelt, North 73 degrees 39 minutes 14 seconds East, 268.75 feet to a post; thence by the same, South 13 degrees 35 minutes East, 676.46 feet to the place of BEGINNING. CONTAINING 4.16 acres. BEING the same premises which Robert S. Stambaugh and Ruth J. Stambaugh, his wife, by deed dated May 7, 1974 and recorded in the Cumberland County Recorder of Deeds Office in Book P-25, Page 366, granted and conveyed unto Robert W. Beard and Emma M. Beard, his wife. Emma M. Beard died on 11 /8/79 whereby title was vested solely in Robert W. Beard, by operation of law, the Grantor herein. BEING the same premises which Robert W. Beard, by his Deed dated October 17, 2006, and recorded on October 18, 2006, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 277, Page 829, granted and conveyed unto Peter Them Builder, Inc. TO BE SOLD AS THE PROPERTY OF DEFENDANT PETER THEM BUILDERS, INC., A.K.A. PETER THEM BUILDER, INC., ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. C)F ;: TARY 200911,7,Y 22 f! 10: 52 ?' ? LJr agar ? ?e71- P 4?*a10tY a s' .3" ,, d - 7.50 4 a 010 -s o ?- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. PETER THEM BUILDERS, INC., a.k.a. PETER THEM BUILDER, INC., PETER P. THEM, and DEBRA B. THEM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09 - 1650 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Commerce Bank/Harrisburg, N.A.,Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution Upon a Confessed Judgment was filed the following information concerning the real property located at Lot 7C, Hosfeld Road, Carlisle, Cumberland County, Pennsylvania, a.k.a. 27 Hosfeld Road, Carlisle, Pennsylvania (see legal description attached hereto): 1. Name and address of owner: Peter Them Builders, Inc., a/k/a Peter Them Builder, Inc. 9 Rapuano Way Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Peter Them Builders, Inc., a/k/a Peter Them Builder, Inc. 9 Rapuano Way Carlisle, PA 17013 Peter P. Them 9 Rapuano Way Carlisle, PA 17013 w Debra B. Them 9 Rapuano Way Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 280948 Harrisburg, PA 17128-0948 4. Name and address of the last recorded holder of every mortgage of record: Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 5. Name and address of every other person who has any record lien on the property: Penn Township 2655 Walnut Bottom Road Carlisle, PA 17015 Cumberland County Tax Assessment Old Courthouse 1 Courthouse Square Carlisle, PA 17013 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 or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: David Florance and Lynette Florance c/o Susann B. Morrison, Esquire 40 ° SALZMANN HUGHES, P.C. 354 Alexander Spring Road Carlisle, PA 17013 David Florance and Lynette Florance 9 Beverly Court Carlisle, PA 17015 Alex M. Reed and Elizabeth J. Reed c/o Scott J. Strausbaugh, Esquire BECKER & STRAUSBAUGH, P.C. 544 Carlisle Street Hanover, PA 1733 Alex M. Reed and Elizabeth J. Reed 11 David Glenn Drive Carlisle, PA 17015 New Holland Credit Company 100 Brubaker Avenue New Holland, PA 17557 Caterpillar Financial Services Corporation 2120 West End Avenue Nashville, TN 37203-0986 I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES By ae4.1- f' /. Christopher E. Rice, Esquire Attorney I.D. 90916 Seth T. Mosebey, Esquire Attorney I.D. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 2 Z ?? Attorneys for Plaintiff •. 2 0 5 9 H AY 2 2 P 11u: 5 + F:\FILES\C1ients\11412 Commerce Bank\11412.10\1 I412.10.notl.wpd Created: 519105 9:02AM Revised: 5/22/09 9:56AM 11412.7 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PETER THEM BUILDERS, INC., a.k.a. PETER THEM BUILDER, INC., PETER P. THEM, and DEBRA B. THEM, Defendants :NO. 09 - 1650 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff's Sale of Real Property (Real Estate) will be held on September 2, 2009, by the Cumberland County Sheriff's Office, at the CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, located at 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. 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 LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is Lot 7C, Hosfeld Road, Carlisle, Cumberland County, Pennsylvania, a.k.a. 27 Hosfeld Road, Carlisle, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 09-1650 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS PETER THEM BUILDERS, INC., A.K.A. PETER THEM BUILDER, INC., 9 Rapuano Way, Carlisle, Y Pennsylvania. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government 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 within thirty (30) days after the sale, and distribution of the proceeds of the 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 Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. 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. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: May-! +A, 2009 MARTSSOON LAW OFFICES By: Christopher E. Rice, Esquire I.D. 90916 Seth T. Mosebey, Esquire I.D. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DOCKET NO. 09-1650 LEGAL DESCRIPTION Cumberland County Deed Book 277, Page 829 Tax Parcel No. 31-10-0624-007C ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in Township Road No. 431, said point being the Southeastern corner of land now or late of Stambaugh; thence by the center of Township Road No. 431, South 74 degrees 51 minutes West, 268.75 feet to a point; thence by land now or late of Stambaugh, North 13 degrees 33 minutes 53 seconds West, 671.09 feet to a point; thence by land now or late of Arthur Hosfelt, North 73 degrees 39 minutes 14 seconds East, 268.75 feet to a post; thence by the same, South 13 degrees 35 minutes East, 676.46 feet to the place of BEGINNING. CONTAINING 4.16 acres. BEING the same premises which Robert W. Beard, by his Deed dated October 17, 2006, and recorded on October 18, 2006, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 277, Page 829, granted and conveyed unto Peter Them Builder, Inc. TO BE SOLD AS THE PROPERTY OF DEFENDANT PETER THEM BUILDERS, INC., A.K.A. PETER THEM BUILDER, INC., ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. n? ?tJ hn r14 i. A.l rn:?' F WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-1650 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Commerce Bank/Harrisburg, N.A. Plaintiff (s) From Peter Them Builders, Inc., a.k.a Peter Them Builder Inc., Peter P. Them and Debra B. Them (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 $314,413.30 Interest from February 20, 3009 at $41.48 per day Atty's Comm % $31,441.33 Atty Paid $124.32 Plaintiff Paid Date: May 22, 2009 L.L.$.50 Due Prothy $2.00 Other CostsLate payment charges $1,217.32 (111,41"L C s . Lon saot (Seal) By: Deputy REQUESTING PARTY: Name Christopher E. Rice, Esq. Martson Law Offices Address: 10 East High Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 243-3341 Supreme Court ID No. 203046 F:\FILES\Clients\11412 Commerce Bank\71412.10\11412. 10.affidavit Created: 5/9/05 9:02AM Revised: 7/13/09 8:14AM 11412.7 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. PETER THEM BUILDERS, INC., a.k.a. PETER THEM BUILDER, INC., PETER P. THEM, and DEBRA B. THEM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09 - 1650 CIVIL TERM AFFIDAVIT OF SERVICE UNDER RULE 3129.2 I, Christopher E. Rice, Esquire, counsel for Plaintiff in the above action, hereby certify that written notice of the sale of real property together with legal description of the tract, was served on July 6, 2009, by regular mail at the addresses set forth in the Affidavit Pursuant to Pa. R.C.P. 3129. 1, with the return address of the Plaintiff appearing thereon, to the following: 1) Cumberland County Tax Assessment 2) Commerce Bank/Harrisburg, N.A. 3) Penn Township 4) Pennsylvania Department of Revenue, Bureau of Compliance 5) David Florance and Lynette Florance c/o Susann B. Morrison, Esquire 6) Alex M. Reed and Elizabeth J. Reed 7) Caterpillar Financial Services Corporation 8) New Holland Credit Company 9) Alex M. Reed and Elizabeth J. Reed c/o Scott J. Strausbaugh, Esquire In addition, the Defendants in this action were served by certified mail, restricted delivery, addressed as follows: 1) Peter Them Builders, Inc., a/k/a Peter Them Builder, Inc. Attn: Peter P. Them, President 9 Rapuano Way Carlisle, PA 17015 2) Mr. Peter P. Them 9 Rapuano Way Carlisle, PA 17015 There is attached hereto as Exhibit "A", Certificates of Mailing, U.S. Postal Service Form 3817, confirming mailing of each of said persons or entities. A copy of the Notice of Sale, which was served upon each of the persons or entities named above, is attached hereto and marked as Exhibit "B." Copies of the return receipts for the Notices which were served by certified mail, restricted delivery are attached hereto as Exhibit "C." MARTSON LAW OFFICES By: Sworn to and subscribed before me this 3d, day of July, 2009. A,o) /?, (?L _ N `t Public (?"op /",(- I- k-,7- Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price. Notary Public Cafte Boro, Cumberland County My Comrml Wm EVkes Aug. 18, 2011 Member, Pennsylvania Association of Notaries EXHIBIT "A" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT t f U $ . PROVIDE FOR INSURANCE-POSTMASTER u t lei Received From: Martson Law Offices C r Cn c 10 East High Street Carlisle, PA 17013 One piece of ordinary mail addressed to- Cumberland County Tax Assessment Old Courthouse - 1 Courthouse Square Carlisle, PA 17013 F 'fir ... 8 f i 6 ASLEI PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING DOES NOT NAL MAIL L L ? , MAY BE USED FOR DOMESTIC AND INTERNATIO C PROVIDE FOR INSURANCE-POSTMASTER Received From: Martson Law Offices 10 East High Street Carlisle, PA lIU13 One piece of ordinary mail addressed to: Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 PS For nn 3017, January 2001 Iv Q I ? ? J ? o 3 . I t ? o <n 10 u? US POSTAGE 70HASLER bet 0 M Ji ? I o D 10 c;> U'S POSTAGE' U.S. POSTAL SERVICE CERTIFICATE OF MAILING 1 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT C PROVIDE FOR INSURANCE-POSTMASTER Received From: Martson Law Offices t. 10 East High Street A j Carlisle, PA 17013 One piece of ordinary mail addressed to: Penn Township 2655 Wa nut Bottom Road Carlisle, PA 17015 PS Fonn 301 7, January 2t1U1 h > HASLER a , T 0 0 rn r,, 10 t" c? US POSTAGE U.S. POSTAL SERVICE CERTIFICATE OF MAILIN =, t MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO T+- :/-'- PROVIDE FOR INSURANCE-POSTMASTER Y Received From: Martson Law Offices 10 East High Street Carlisle, PA 17013 One piece of ordinary mail addressed to: Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 280948 Harrisburg, P PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT C-? PROVIDE FOR INSURANCE-POSTMASTER Received From: V Martson Law Offices d' 10 East High Street Carlisle PA 17013 One piece of ordinary mail addressed to: David Florance and Lynette Florance c/o usann Morrison, squire 35 Alexander Spring Road Carlisle, PA 17013 PS Form 3817, January 2001 a iUANTEDST1dM POSM SERVICE. This Certificate of Mailing provides evidence that mail has been presented to This form may be used fa' domestic and international mail. From: Mart.-.on Law Offices 10 East High Street Carlisle, PA 17013 HASLER 'n ICL m c o U7 ?-1 ? 1O ca IUS POSTAGE 7(Z) ER!US POSTAGE ,7. "Linn" Ig T'-\ To, Alex M. Reed & Elizabeth J. Reed r 11 David Glenn Drive Carlisle, PA 17015 PS Form 3817, April 2007 PSN 7530-02-000-9065 urpk A-•{ HASLER 3 - m a ? ? r T O ? 3 m Sri , N n o 10 r' US POSTAGE'. Joo= Certificate Of m.Fr mot, This Cert cate of Mailing provides evidence that mail has been presented to USP r y'I Th i s formifi may be used for domestic and international mail. ?.? 7.11ing From: Martson Law Offices 10 East Hi h Street C.qrlisle. PA 17013 ?HASLE To: d Caterpillar Financial Services P. ?Q ?eJto Corporation o o 122 0 West End Avenue o tj Nash ille, TN 37203-0986 10 PS Forth 3817, April 2007 PSN 7530.02-000.9065 US POSTAGE =MNIMP PMM • Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPSM for mailing. This form maybe used for domeslio and international med. From: Martson Law Offices 10 East High Street Carlisle, PA 17013 To: New Holland Credit Company 100 Brubaker Avenue o New Holland, PA 17557 ;'1,.` PS Forth 3817, April 2007 PSN 7530-02-000-9W5 HASLER iO C 0 ,oJ1 77*/" )-?S POSTAL, U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: D Martson Law Offices ?110) 10 East High Street d'• Carlisle, PA 17013 One piece of ordinary mail addressed to: Alex M. Reed & Elizabeth J. Reed c lo co J. raus aug , squire C-14 sl°Street 544 . Hanover, PA 17331 " Form 7n r, ,fertuery [wl 7HASLER C) n a ? is ? l W 1 IUS POSTAGE! EXHIBIT "B" F:\FILES\Clients\11412 Commerce Bank\11412.10\11412.10.notl.wpd Created: 5/9/05 9:02AM Revised: 7/6/09 10:52AM 11412.7 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. PETER THEM BUILDERS, INC., a.k.a. PETER THEM BUILDER, INC., PETER P. THEM, and DEBRA B. THEM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09 - 1650 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriffs Sale of Real Property (Real Estate) will be held on September 2, 2009, by the Cumberland County Sheriff s Office, at the CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, located at 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. 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, and the property contains a single family residential dwelling. (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is Lot 7C, Hosfeld Road, Carlisle, Cumberland County, Pennsylvania, a.k.a. 27 Hosfeld Road, Carlisle, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 09-1650 Civil Term, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS PETER THEM BUILDERS, INC., A.K.A. PETER THEM BUILDER, INC., 9 Rapuano Way, Carlisle, Pennsylvania. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government 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 within thirty (30) days after the sale, and distribution of the proceeds of the 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 Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: July 6, 2009 MARTSON LAW OFFICES By: Cif F. Christopher E. Rice, Esquire -I.D. 90916 Seth T. Mosebey, Esquire I.D. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff lr' DOCKET NO. 09-1650 LEGAL DESCRIPTION Cumberland County Deed Book 277, Page 829 Tax Parcel No. 31-10-0624-007C ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in Township Road No. 431, said point being the Southeastern corner of land now or late of Stambaugh; thence by the center of Township Road No. 431, South 74 degrees 51 minutes West, 268.75 feet to a point; thence by land now or late of Stambaugh, North 13 degrees 33 minutes 53 seconds West, 671.09 feet to a point; thence by land now or late of Arthur Hosfelt, North 73 degrees 39 minutes 14 seconds East, 268.75 feet to a post; thence by the same, South 13 degrees 35 minutes East, 676.46 feet to the place of BEGINNING. CONTAINING 4.16 acres. BEING the same premises which Robert W. Beard, by his Deed dated October 17, 2006, and recorded on October 18, 2006, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 277, Page 829, granted and conveyed unto Peter Them Builder, Inc. TO BE SOLD AS THE PROPERTY OF DEFENDANT PETER THEM BUILDERS, INC., A.K.A. PETER THEM BUILDER, INC., ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. EXHIBIT "C" ¦ Complete items 1, 2, and 3. Also complete itm 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailpiece, or on the front it space permits. 1. ?ArtlLcle /mod/ressed to: ?y jL I a.) (,???/i,P`/Y1t? ?.•4A,t.w"'??t ?n /? , a? rb_ nd is 2. AAfole Ntn w (111*wibr horn eernlce Ailtlet4 PS Form 11, I dwi ry 2004 ? Agent by ) C?e of "t46 ad from R 1? Yes enter delive?y address below. ? No 3. Service Type Mall ? Express Mail Registered ? Return Receipt for Memhandbe ? Insured Mall ? C.O.D. 4. RaeO#sd De9very? Wxba Feel ?Kw 7008 3230 0002 80106 0740 Domestic Return Receipt Postal CERTIFIE D MAIL RECEIPT (Domestic C3 .o 0 C3 Postage $ G L ru Certified Fee 4 E3 C3 Retum Receipt Fee (Endorsement Required #2• ? ) Pos W P' C3 Restricted Delivery Fee (Endorsement Required) $4.30 (P v~ M -? R1 Total Postage & Fees =$S Q M 1 C3 rest Apt No.; or PO Box No. City, State, ZIP+4 / - -- i ---- "°"------------ ---•---- dl 102585.02-rrt-1540 ¦ Complete Items 1, 2, and 3. Also complete Z71- so f m 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse that we can return the card-to you. f ptrn ¦ Aftech this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: D. addmbWdH If YE%enter delivery 13 item 1? ? Yes r .low- -.-Cl No 3. type Mail ? &pr ss Mall Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? Aft Fee) wYes 2. Article Nurrdw (/iWWO ftmserwasil W 7.0.08 3230 0002 8006 0757 Ps Form 3811, Fewuary 2004 Dameatlo Return Receipt 1025WW401-1540 N Ln r,- ,..C3 .A 1 C3 1U.44 UUM C3 Postage $ 7 $ 7 Certified Fee 2.80 ? IM C O Return Receipt Fee (Endorsement Required) $2.30 v stmark i ere i E3 O Restricted Delivery Fee (Endorsement Required) x C&6 l M ru Total Postage & Fees $ $10.04 / `D M o cc Z C3 C3 ----- ---- t, ?iff, . ; or PLO Box No. ---- ---------------•---- CPty State, ZlP+4 T? ---`--- CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, by First Class, postage prepaid, addressed as follows: Peter Them Builders, Inc. 9 Rapuano Way Carlisle, PA 17013 Peter P. Them 9 Rapuano Way Carlisle, PA 17013 Debra B. Them 9 Rapuano Way Carlisle, PA 17013 MARTSON LAW OFFICES By: AL4 //' 0?C-6 M Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: )//j ?9 OF THE fl ,• , AUG ? 3 2009y ~s COMMERCE BANK/HARRISBURG, N.A., Plaintiff v. PETER THEM BUILDERS, INC., a.k.a. PETER THEM BUILDER, INC., PETER P. THEM, and DEBRA B. THEM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 1650 RULE TO SHOW CAUSE CIVIL TERM AND NOW, this ~ day of {~1v~v~~ , 2009, a rule is issued on all Defendants to show cause why the relief requested in the within Petition to Reform Deed or Mortgage should not be granted. This rule is returnable within twenty (20) days after service. BY THE COURT, ~~ Distribute to: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff ter Them Builders, Inc. 9 Rapuano Way Carlisle, PA 17013 ~'eter P. Them 9 Rapuano Way Carlisle, PA 17013 ,/1Sebra B. Them 9 Rapuano Way Carlisle, PA 17013 c ~n ~~ .o o/ ~ t 4 tlM #0~ 3 I P~:NNNNSn~IAPAl1