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HomeMy WebLinkAbout09-2972INTEGRITY BANK, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. oa - aQ#7A C.tvil Terwi. STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants CIVIL ACTION -LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Guarantee, as defined in the Complaint filed in the above captioned case and evidenced by Exhibit A to said Complaint, we appear for Defendant, Steve E. Westhafer, Cumberland Valley Development, Inc. and Westhafer Construction, Inc. and confess judgment against them in favor of Plaintiff, Integrity Bank, as follows: Principal: $211,725.19 Accrued Interest: 1,676.19 Late/Satisfaction Fees 265.68 Attorney Fees (10% commission): 21,172.51 Total: $234,839.47* *along with interest accruing at the current per diem rate of $29.41 until paid in full Date: May 8, 2009 McNEES WALLACE & NURICK LLC B Y Clayton W. vidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsonAmwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants : NO. : CIVIL ACTION -LAW NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Steve E. Westhafer Cumberland Valley Development, Inc. Westhafer Construction, Inc. 71 Silver Crown Drive, Mechanicsburg, PA 17055 A judgment in the amount of $234,839.47 has been entered against you and in favor of Integrity Bank, in the above captioned case 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC Date: May 8, 2009 By: Clayton W. Davidson Attorney I.D. 79139 100 Pine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(a)mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants CIVIL ACTION -LAW NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A. § 2737.1 (Act 105 of 2000) PURSUANT TO 42 Pa. C.S.A. SECTION 2737.1, 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 be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by 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 day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. 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, PA 17013 (717) 249-3166 or (800) 990-9108 Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsonna,mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, Plaintiff V. STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Integrity Bank, 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: 1. Plaintiff, Integrity Bank (the "Bank"), is a Pennsylvania banking institution doing business at 3345 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Steve E. Westhafer ("Westhafer"), is an adult individual last known residing at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, 17055. 3. Defendant, Cumberland Valley Development, Inc. ("CV Development"), is a Pennsylvania business corporation doing business at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, 17055. 4. Defendant, Westhafer Construction, Inc. ("Westhafer Construction"), is a Pennsylvania business corporation doing business at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, 17055. 5. On or about March 3, 2006, the Bank loaned CV Development the sum of $216,080.00 (the "Loan") as evidenced by a promissory note (the "Note") dated the same. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note (less any applicable tax identification numbers) and any change in terms. 6. CV Development has defaulted under the Note by failing to make payment when due. 7. Westhafer Construction has defaulted under the Second Guarantee as a result of CV Development defaulting under the Note. 8. As a result of said defaults, the Bank has accelerated the entire indebtedness due and owing regarding the Loan. 9. The Note and the Second Guarantee, as well as applicable law, do not require the Bank to provide notice prior to accelerating the indebtedness thereunder and/or provide for any right to cure these payment defaults. 10. The Note provides that upon a default thereunder the Bank may confess judgment against CV Development for the entire principal balance due and owing thereunder along with accrued interest, late fees, satisfaction fees, prepayment penalties, costs of suit and an attorney's commission of 10% of the principal balance due and owing. 11. The Second Guarantee provides that upon a default thereunder the Bank may confess judgment against Westhafer Construction for the entire principal balance due and owing thereunder along with accrued interest, late fees, satisfaction fees, prepayment penalties, costs of suit and an attorney's commission of 10% of the principal balance due and owing. 12. The total sums due and owing under the Note and the Second Guarantee by CV Development and Westhafer Construction to the Bank as of April 22, 2009 are itemized as follows: Principal: $211,725.19 Accrued Interest: 1,676.19 Late/Satisfaction Fees 265.68 Attorney Fees (10% commission): 21,172.51 Total: $234,839.47* *along with interest accruing at the current per diem rate of $29.41 until paid in full (the " Indebtedness"). 13. All conditions precedent have been satisfied to allow the Bank to confess judgment for the Indebtedness against CV Development under the Note and Westhafer Construction under the Second Guarantee. 14. The Bank is the holder of the Note and the Second Guarantee. 15. The Note and the Second Guarantee were executed and delivered in connection with a business transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 16. Judgment has not been confessed or entered under the Note or the Second Guarantee against CV Development and Westhafer Construction in any other jurisdiction. 17. The 10% attorney's fee commission included in the confessed judgment is authorized under the Note and the Second Guarantee and is being used to calculate a sum certain for purposes of confessing judgment; however, the Bank will only seek and recover its actual and reasonable attorney's fees for costs of collection in this matter. WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Court to enter judgment by confession against Defendants, Cumberland Valley Development, Inc. and Westhafer Construction, Inc., in the amount of $234,839.47 along with interest accruing at the per diem rate of $29.41 after April 22, 2009 until paid in full. McNEES WALLACE & NURICK LLC Date: May 8, 2009 BY ??-- Clayton W. Da ' son PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(@mwn.com Attorneys for Plaintiff, Integrity Bank VERIFICATION I, Robert K. Day, Executive Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Ko K. Day, Executive Vice of tezrity Bank ? tz ?,k,f f PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any Anv item above containing ""• •" has been omitted due to text length limitations. Borrower: CUMBERLAND VALL LOPMENT INC (TIN: 71 SILVER GOM Od MECHANICSBURG, PA 17055 Lender: Integrity Bank Camp Hill Office 3345 Market Street Camp Hill, PA 17011 (717) 920-4900 loan or item. C ppy Principal Amount: $21.6,080.00 Initial Rate: 8.500% Date of Note: March 3, 2006 PROMISE TO PAY. CUMBERLAND VALLEY DEVELOPMENT INC ("Borrower") promises to pay to Integrity Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Two Hundred Sixteen Thousand Eighty & 00/100 Dollars ($216,080.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid interest on March 3, 2007. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning April 3, 2006, with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 3651360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender 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 New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest". The New York Prime Rate of Interest is an index, and loans of the Bank may be established at, above or below the index. The New York Prime Rate of Interest is not necessarily the Bank's lowest rate of interest. The interest rate shall float at New York Prime (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 notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each Day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 7.500% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting in an initial rate of 8.500% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Unless waived by Lender, any increase in the Interest rate will increase the amounts of Borrower's interest payments. 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. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early 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 amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Integrity Bank, 3345 Market Street Camp Hill, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 6.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. 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 agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. 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 appointment of a receiver for any part of Borrower'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 Borrower. 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 Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and 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 PROMISSORY NOTE Loan No: 1500115855 (Continued) Page 2 reserve or bond for the dispute. 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 evidenced by this Note. 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 Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, 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, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable taw, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note 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 Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $10.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable taw, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by Second mortgage lien single-family residence to be located at 405 West Coover Street, Mechanicsburg Commons, Mechanicsburg, Cumberland County, Pennsylvania 17055. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Advances under this Note may be requested orally by Borrower or as provided in this paragraph. All oral requests shall be confirmed in writing on the day of the request. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following person currently is authorized, except as provided in this paragraph, to request advances and authorize payments under the line of credit until Lender receives from Borrower, at Lender's address shown above, written notice of revocation of his or her authority: STEVE E WESTHAFER. all advances to be made by adhering to draw schedule. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. PATRIOT ACT. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WHETHER IT BE A DEPOSIT ACCOUNT OR A LOAN, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS. CROSS COLLATERALIZED/CROSS DEFAULT. This loan also secures payment and performance of all other loans to Borrower or any guarantor. The word "Guarantor" means any guarantor, surety or accomondation party of any or all of the Loan. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrowe nd any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, cjenrand for payment: d notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no Marty. who signs this No , whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree-that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, 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 parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY 'RT IN THE COMMONWEALTH OF PENNSYLVP OR ELSEWHERE,' TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT ER THIS NOTE AND WITH OR WITHOUT CON. %INT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND PROMISSORY NOTE Loan No: 1500115855 (Continued) Page 3 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 (8500) 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 PAYMENTdN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: CU LAND VALLEY DEVELOPMENT I By,' 3Seal) Steve E. Westhafor, President of BERLAND VALLEY DEVELOPMENT INC LENDER: INTEGRITY?AN K ob K. Day, Vice Preside fit USER PRO boding. Va. 5.28.00.004 Coq. Nod-d F -W Se tlb , Me. 1997. 2008. AS "w Roq,M. - PA KALfN11N010NUP %020.FC 28-1190 PR-12 DISC[ SURE FOR CONFESSION OF JDGMENT 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 hem. Any item above containing " * * * " has been omitted due to text length limitations. Declarant: cuMRVRi Aun vA6 6 ev.R@l"U OpMENT INC (TIN: Lender Integrity Bank Camp HIN Office 71 SILVER - iI?R{1FE? 3346 Market Street MECHANICSBURG, PA 17066 Camp Hill, PA 17011 (717) 920-4900 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS -5,"'Ad DAY OF _,?,2 c I, 20O9 , A PROMISSORY NOTE FOR $216,080.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER, ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANT'S ATTENTION. 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: C LAND VALLEY DEVELOPMENT IN :.;. ; By.:. 1Seal) tevs . e a er, r "a I@nV of ERLAND VALLEY DEVELOPMENT INC - - 1A66R PRO L dhp, Vv. 6.76.00.001 Cep,. NwW d fhwwW 6elutlem, Inc, 1p7, 2008. M Nghw 1Mwwd. • M CUNDMOXCRY-M ]O.PC 111.1160 08.12 CF THE m",?'np.. JT"? Y 2009 1 iA! 12 1i. 8' N ?'r v `r f 4a7.50 PO A-rrr 0* M004o P* &94996 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0? - aR?a ?ivi t TLorw STEVE E. WESTHAFER, CUMBERLAND VALLEY t7 a DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants CIVIL ACTION - LAW -; - ; CERTIFICATE OF RESIDENCE I, Clayton W. Davidson, Esquire, hereby certify that the Defendants, Steve EE`We fiafe Cumberland Valley Development, Inc. and Westhafer Construction, Inc., are located at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, 17055. McNEES WALLACE & NURICK LLC Date: May 8, 2009 By --j-P, - . LN 1V ''0'.79139 PA Attorney I.D. McNees Wallace & Nurick LLC 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(i,mwn. com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A V. NO. Dq - a'tR1a avi! -rr* STEVE E. WESTHAFER, : CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE - -- ?? ?' AND LAST-KNOWN ADDRESSES '` OF STEVE E. WESTHAFER c} C?o COMMONWEALTH OF PENNSYLVANIA C-n SS. COUNTY OF DAUPHIN The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Defendant, Steve E. Weshafer, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, Fk/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Mr. Westhafer is over eighteen (18) years of age and was last known residing at 71 Silver Crown Drive, Mechanicsburg, PA 17055. Clayton . Davis , Esquire SWORN and subscribed to before me this 8th day of May, 2009. ONWEALTH OF PENNSYLVANIA COMM Public Seal pu?;c Qfaq EUen M. Palmer N? Cou?Y My Commission Expires City of He??burg, (SEAL) [MY Camndee{on ExpNes Aug. i, 2oio INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09- M72 0_.iv11-rerw4- STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT TO: Steve E. Westhafer Cumberland Valley Development, Inc. Westhafer Construction, Inc. 71 Silver Crown Drive, Mechanicsburg, PA 17055 You are hereby notified that on May Id's' , 2009 a judgment by confession was entered against each of you in the above-captioned case in favor of Integrity Bank as follows: Principal: $211,725.19 Accrued Interest: 1,676.19 Late/Satisfaction Fees 265.68 Attorney Fees (10% --mission): 21 172.51 ------------ Total: $234,839.47* *along with interest accruing at the current per diem rate of $29.41 until paid in full DATE: ??? ?_ 4PRTHaON0'kjT t ~ INTEGRITY BANK, Plaintiff v. IN THE COURT OF COMMON PL~AS CUMBERLAND COUNTY, PENN YLVANIA NO. 09-2972 Civil Term STEVE E. WESTHAFER, CUMBERLAND VALLEY DEVELOPMENT, INC., and WESTHAFER CONSTRUCTION, INC., Defendants :CIVIL ACTION -LAW RETURN OF SERVICE REGARDING NOTICE UNDER Plaintiff, Integrity Bank, files this Return of Service in accordance with Pa. R. Civ. P. 2958.1(c) and hereby swears and affirms that Defendants, Steve E. Westhafer, Cu berland Valley Development, Inc. and Westhafer Construction, Inc., were served with a N tice under Pa. R.C.P. No. 2958.1 of Judgment and Execution Thereon by Certified Mail on J ne 1, 2009, at 71 Silver Crown Drive, Mechanicsburg, PA 17055, as provided by Pa.R.Civ.P. 40 , as is evidenced by a true and correct copy of the Certified Mail card signed by Steve W sthafer. McNEES WALLACE & NURICK L C Date: June 10, 2009 By: ~~~ Clayton W. D~dson Attorney I.D. 79139 100 Pine Street - P.O. Box 11 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonna,mwn.com Attorneys for Integrity Bank __ _ 2. Article Number 7160 3901 9848 1689 2855 Steve E. Westhafer Cumberland Valley Development, Inc. Westhafer Construction, Inc. 71 Silver Crown Drive, Mechanicsburg, PA 17055 225 -Davidson Qc/ -0~7 v^1 3811, January Receipt 2~Q9 J~~ ! I P~~ i ~ ~ 7 V117Y~,~}r ..,4g1~ + I INTEGRITY BANK, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff _ v. No. 2009-02972 CUMBERLAND VALLEY :Judgment Entered: May 12, 2009 DEVELOPMENT, INC., STEVE E. WESTHAFER, AND WESTHAFER CONSTRUCTION, INC. Defendants :Judgment Amount: $234,839.47 PRAECIPE TO RELEASE LIEN TO THE PROTHONOTARY: c~ c Q -- n ~ ~~ ~'~ ~;~ ~ : ~~ ~ ~ ;~~~ ~, frj 7::. - ~ ~; ''"; k~ .~.-. ~- ~-. _, c~-; - _ .., -. ~ :i- ~-: ~ : ~~ r,n :~ '~ -- :-c You are hereby directed to release the premises described in the legal description attached hereto from the lien of the above-captioned judgment. INTEGRITY BANK Dated: /~ ' 3 ' a-~ / ~ By: ~~f Bert K. Day Executive Vice President -'~~' DD /yllG~_S~'c~-~ i~~~G~ ~~ ~~ ~~ ,~CC~~ ~u 3 37~/ Exhibit A Legal Description Lot 3 West Cover Street Mechanicsburg, Pennsylvania Parcel No. 20-24-0785-463 ALL THAT CERTAIN Unit, being Unit 1, situate in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania,. known, named and identified in the Declaration for Mechanicsburg Commons, a Planned Community ("Declazation") which has been submitted to the provisions of the Uniform Planned Community Act, 69 Pa. C.S.A. §5101 et. seq. , as amended, by the recording of the Declazation in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, dated May 7, 2010, recorded May 11, 2010 to Instrument No. 201012051 being. designated in such Declazation as Unit 1 (Identifying Number) as described in Section 2.2 and Exhibit E of the Declaration and the Declaration Plats and Plans. BEING Lot No. 3, Subdivision Plan for Mechanicsburg Commons, last revised November 4, 2002, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 89, Page 1 I SB. BEING PART OF THE SAME PREMISES which Sherry L. Hughes, by Deed recorded May 14, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 4950, granted and conveyed unto Cumberland Valley Development, Inc., the Grantor herein. INTEGRITY BANK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-02972 CUMBERLAND VALLEY :Judgment Entered: May 12, 2009 DEVELOPMENT, INC., STEVE E. WESTHAFER, AND WESTHAFER CONSTRUCTION, INC. Defendants :Judgment Amount: $234,839.47 PRAECIPE TO RELEASE LIEN TO THE PROTHONOTARY: You are hereby directed to release the premises described in the legal description attached hereto from the lien of the above-captioned judgment. INTEGRITY BANK Dated: ~ ' c~~- ~D % ~ `~~ J~~~ ln~ ~ . iti o n : c ~ ~.~~ L- ~r;r o~oz By: ~. R ert K. Day Executive Vice President $$•00 tad /v dc~4h l~d.~+~Qt ~ ~/# pt3lS.Z ~y47o(~ M Exhibit A Legal Description Lot 18 and being Unit 16, Mechanicsburg Commons, a Planned Community, West Cover Street Mechanicsburg, Pennsylvania All that certain lot or tract of land situate in the Borough of Mechancisburg, Cumberland County, Pennsylvania, known as Lot No. 18 on the Plan of Mechanicsburg Commons, recorded in Plan Book 89, Page 115 and being Unit 16, Mechanicsburg Commons, a Planned Community,. Beginning at a point on the Southern Dedicated Right-of--Way Line of West Coover Street at a common property corner of Lot #18 and Lot #19 of the Final Subdivision Plan for Mechanicsburg Commons; thence from said point of beginning along said Lot #19, South 21 degrees 41 minutes 28 seconds East, a distance of 77.16 feet to a point at a common property corner of Lot #18 and Lot #19 on the common property line of Lot #21; thence along a portion of said Lot #21, South 69 degrees 32 minutes 40 seconds West, a distance of 65.39 feet to a point on the Eastern Right-of--Way Line of an unnamed alley (unopened); thence along said Eastern Right-of--Way Line of an unnamed alley (unopened) the following two (2) courses: 1. North 22 degrees 03 minutes 37 seconds West, a distance of 57.00 feet to a point (iron pin); thence 2. South 66 degrees 40 minutes 47 seconds West, a distance of 32.03 feet to a point on the Eastern Right-of--Way Line of an unnamed gravel alley; thence along said Eastern Right-of--Way Line of an unnamed gravel alley, North 22 degrees 54 minutes 49 seconds West, a distance of 35.03 feet to a point at the intersection of said Eastern Right-of--Way Line of an unnamed alley and the Southern Dedicated Right-of--Way Line of West Coover Street; thence along said Southern Dedicated Right-of--Way Line of West Coover Street, North 77 degrees 10 minutes 26 seconds East, a distance of 99.69 feet to a point, said point being the point of beginning. Being Unit 16 on the Declaration Plat for Mechanicsburg Commons and Lot No. 18 on the Final Subdivision Plan of Mechanicsburg Commons in Plan Book 89, Page 115, containing 6,388.08 square feet or 0.1467 acres. INTEGRITY BANK, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No. 2009-02972 CUMBERLAND VALLEY :Judgment Entered: May 12, 2009 DEVELOPMENT, INC., STEVE E. WESTHAFER, AND WESTHAFER CONSTRUCTION, INC. Defendants :Judgment Amount: $234,839.47 PRAECIPE TO RELEASE LIEN TO THE PROTHONOTARY: You are hereby directed to release the premises described in the legal description attached hereto from the lien of the above-captioned judgment. Dated: ~~ Z ~ ~~`~ ,.. ~:- ,~ ~ V F ~' ~ _~_ .~~ ~_._ f~~ N =;-~ ~ ~ c. ~-a lV ~: .:, a~~, ~~ ~~ t--~ INTEGRITY BANK By: / R ert K. Day Executive Vice Presi ent A .S[.e~ C!C'~.2~~91 f~ ay~t~cs Exhibit A Legal Description ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point located in the centerline of Texaco Road at the northwest corner of land now or formerly of Fred D. Fike, Jr.; thence along the western line ofi land now or formerly of Fred D. Fike, Jr., South 32 degrees 02 minutes 30 seconds East, a distance of 30.00 feet to the true point of BEGINNING; thence continuing along the same, South 32 degrees 02 minutes 30 seconds East, a distance of 217.80 feet to a point at the southwest corner of land now or formerly of Fike and the northwest corner of Lot 15 Residual Lot as referenced on the hereinafter referenced plan; thence along the western line of Lot 15, South 25 degrees 36 minutes 00 seconds East, a distance of 44.42 feet to a point at the northeast corner of Lot 2; thence along the northern line of Lot 2, South 64 degrees 42 minutes 52 seconds West, a distance of 175.67 feet to a point at the northwest corner of Lot 2 and a point along the eastern right-of-way line of Keener Drive (60-foot right-of-way); thence along Keener Drive by a curve to the left having a radius of 180.00 feet and an arc length of 21.22 feet to a point; thence continuing along the same, North 32 degrees 02 minutes 30 second West, a distance of 176.10 feet to a point; thence continuing along the same by a curve to the right having a radius of 45.00 feet and an arc length of 70.69 feet to a point along Texaco Road; thence along Texaco Road, North 57 degrees 57 minutes 30 seconds East, a distance of 133.18 feet to a point, the place of BEGINNING. BEING Lot 1 on the Final Subdivision Plan -Phase One for John Keener recorded January 5, 2000, in Plan Book 80, Page 52, Cumberland County Recorder of Deeds Office. r h i ?1 f 13 pH 2: 10 File NO. 09-2972 Integrity Bank Plaintiff(s) VS. Steve E. Westhafer, Cumberland Valley Development, Inc: Defendant(s) Integrity Bank, Plaintiff, in the above captioned matter, for and in consideration of the sum of $59,965.38 to wit in hand paid by the said Steve E. Westhafer, Cumberland Valley Development, Inc, at the time of execution hereof, the receipt whereof is hereby acknowledged, does for itself, its successors and assigns hereby release from the lien of the judgement entered in the above captioned matter all that certain tract of real estate situate in the Mechanicsburg Borough, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as 406 West Coover Street, Mechanicsburg, PA 17050 as more fully described in Exhibit W attached hereto and made a part hereof by reference, so that the said Steve E. Westhafer, Cumberland Valley Development, Inc, their successors and assigns shall and may hold the same free and clear of and from the lien of the said judgement; provided, however, that nothing herein contained shall invalidate the lien or security of said judgement upon any other property of the said Steve E. Westhafer, Cumberland Valley Development, Inc. OLUk- a 4 So (--)d Ck- At iag3t IN WITNESS WHEREOF, Integrity Bank, has caused this release to be executed by its authorized official this 12th day of January, 2012 Integrity Bank BY: LJ 5ku"'t'? T. Wayne Stefa ovich, ief Lending Officer STATE OF PENNSYLVANIA: ^^.. -- . SS. COUNTY OFCurnbtr" On this, the (;Lday of. Jan 2012, before me, the undersigned officer, personally appeared T. Wayne Stefanovich, Chief Lending Officer o Integrity Bank and that he as such officer, being authorized to do so, executed the foregoing instrument for the purposed herein contained by signing the name of the corporation by himself as Chief Lending Officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 4xvkAj JJ-A Notary-Public COMMONWEALTH OF PENNSYLVANIA Noww sew Sama"M*w vatlim Notary Pd* Carty HN fto, Cotwlud Courity ran Askmi*142013 MONK POSMAM ASSOCUUM of NarM