HomeMy WebLinkAbout09-6127,:
SUSQUEHANNA BANK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. bq-- t0lal CiyilTe
CALVIN W. WILLIAMS, 111,
TIMOTHY F. STRAUB and
MARISA A. STRAUB, CIVIL ACTION -LAW
Defendants
CONFESSION OF JUDGMENT
(Loan # 10004159256 - February 1, 2008)
Pursuant to the authority contained in the Note and the Guaranty, as defined in the
Complaint filed in the above captioned case and evidenced by Exhibits A & B to said
Complaint, we appear for Defendants, Calvin W. Williams, III, Timothy F. Straub and
Marisa A. Straub, and confess judgment against them in favor of Plaintiff, Susquehanna
Bank, as follows:
Principal: $165,886.00
Accrued Interest: 3,577.53
Late Fees: 16,856.23
Other Charges/Fees: 100.00
Attorney's Fees (10% commission): 16,946.35
Total: $203,366.11 *
*along with interest accruing at the current per diem rate of $19.58 until paid in
full (the "Indebtedness")
Date: September 2, 2009
McNEES WALLACE & NURICK LLC
By d,??L
Clayto . Davis son
PA Attorney I. 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, Susquehanna Bank
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)
cdavidson(&mwn.com
Attorneys for Plaintiff, Susquehanna Bank
SUSQUEHANNA BANK,
Plaintiff
V.
CALVIN W. WILLIAMS, III,
TIMOTHY F. STRAUB and
MARISA A. STRAUB,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION -LAW
COMPLAINT FOR CONFESSION OF JUDGMENT
(Loan # 10004159256 - February 1, 2008)
Plaintiff, Susquehanna 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, Susquehanna Bank, successor in interest by merger to Susquehanna
Bank PA (the "Bank"), is a Pennsylvania banking institution doing business at 1570 Manheim
Pike, Lancaster, Pennsylvania 17601.
2. Defendant, Calvin W. Williams, III ("Williams"), is an adult individual last
known residing at 149 South Locust Point Road, Mechanicsburg, Pennsylvania 17055.
3. Defendants, Timothy F. Straub ("Straub") and Marisa A. Straub (the
"Guarantor"), are adult married individuals last known residing at 2602 Market Street, Camp
Hill, Pennsylvania 17011.
4. On February 1, 2008, the Bank loaned Williams and Straub (collectively the
"Borrowers") the sum of $168,000.00 (the "Loan") for a business purpose 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).
5. On February 1, 2008, the Guarantor agreed to act as unconditional surety for,
among other things, the repayment of the Loan to the Bank and immediately thereafter executed
a commercial guaranty (the "Guaranty") in favor of the Bank. Attached hereto as Exhibit B and
incorporated herein by reference is a true and correct copy of the Guaranty (less any applicable
tax identification and social security numbers).
6. The Borrowers have defaulted under the Note by failing to make the payments
when due thereunder.
7. The Guarantor has defaulted under the Guaranty as a result of failing to make
payments when due thereunder as a result of, among other things, the Borrowers defaulting
under the Note.
8. There is no right to cure any payment defaults under the Note and/or the
Guaranty.
9. The Bank has accelerated the entire indebtedness due and owing regarding the
Loan as a result of the payment defaults by the Borrowers.
10. The Note and the Guaranty, 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.
11. The Note provides that upon a default thereunder the Bank may confess judgment
against the Borrowers for the entire principal balance due and owing thereunder along with
accrued interest, late fees, any and all amounts expended or advanced by the Bank relating to
collateral securing the Loan, costs of suit and an attorney's commission of 10% of the unpaid
principal balance and accrued interest due and owing.
12. The Guaranty provides that upon a default thereunder the Bank may confess
judgment against the Guarantor for the entire principal balance due and owing thereunder along
with accrued interest, late fees, any and all amounts expended or advanced by the Bank relating
to collateral securing the Loan, costs of suit and an attorney's commission of 10% of the unpaid
principal balance and accrued interest due and owing.
13. The total sums due and owing under the Note and the Guaranty as of August 1,
2009 are itemized as follows:
Principal: $165,886.00
Accrued Interest: 3,577.53
Late Fees: 16,856.23
Other Charges/Fees: 100.00
Attorney's Fees (10% commission): 16,946.35
Total: $203,366.11 *
*along with interest accruing at the current per diem rate of $19.58 until paid in
full (the "Indebtedness").
14. All conditions precedent have been satisfied to allow the Bank to confess
judgment for the Indebtedness against the Borrowers under the Note and the Guarantor under the
Guaranty.
15. The Bank is the holder of the Note and the Guaranty.
16. The Note and the Guaranty 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.
17. Judgment has not been confessed or entered under the Note or the Guaranty in
any other jurisdiction.
18. The 10% attorney's fee commission included in the confessed judgment is
authorized under the Note and the Guaranty and said percentage 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, Susquehanna Bank, successor in interest by merger to
Susquehanna Bank PA, hereby requests this Court to enter judgment by confession against
Defendants, Calvin W. Williams, 111, Timothy F. Straub and Marisa A. Straub, in the amount of
$203,366.11 along with interest accruing at the per diem rate of $19.58 after August 1, 2009 until
paid in full.
McNEES WALLACE & NURICK LLC
Date: September 2, 2009 By
Clayton W. D idson
PA Attorney . . 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 a,mwn.com
Attorneys for Plaintiff, Susquehanna Bank
0
m
0
Susquehanna
Susquehanna Bank
PROMISSORY NOTE
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
l Any item above containing "• • •" has been omitted due to text length limitations
Borrower: Timothy F. Straub Lender: Susquehanna Bank PA
Calvin W. Williams III Camp Hill
157 S 32nd Street 201 St Johns Church Road
Camp Hill, PA 17011-5102 Camp Hill, PA 17011
Principal Amount: $168,000.00 Initial Rate: 7.000% Date of Note: February 1, 2008
PROMISE TO PAY. Timothy F. Straub and Calvin W. Williams III ("Borrower") jointly and severally promise to pay to Susquehanna Bank PA
("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Sixty-eight Thousand & 001100
Dollars ($168,000.00) 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 February 1, 2009. In
addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning March 1, 2008,
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 to accrued unpaid billed interest, than to principal and any remaining amount to any unpaid collection costs and
Into charges. The annual interest rate for this Note is computed on a 365/360 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 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 Rates section of the Wall Street Journal. When a range of rates has been published, the
higher rate 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 then each day. Borrower understands that Lender may
make loans based on other rates as well. The Index currently is 6.000% per annum. The interest rate to be applied to the unpaid principal
balance during this Note will be at a rate of 1.000 percentage point over the Index, resulting in an initial rate of 7.000% per annum. NOTICE;
Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law.
PREPAYMENT; MINIMUM INTEREST CHARGE. 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. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum interest charge of
$25.00. Other than Borrower's obligation to pay any minimum interest charge, 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: Susquehanna Bank PA c/o Loan Operations, P.O. Box 2000 Lititz, PA 17643-7030.
LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00,
whichever is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by
adding a 4.000 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 falls 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.
Death or Insolvency. The death of Borrower or 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
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.
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 fifteen (15) days; or (2) if the cure requires more than fifteen (15)
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 under 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 reasonable attorneys' fees and Lender's legal expenses,
PROMISSORY NOTE
Loan No: 10004159256 (Continued) Page 2
whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to
all other sums provided by law.
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.
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 law, to charge or setoff all sums owing on the indebtedness against any
and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff
rights provided in this paragraph.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein:
(A) a Mortgage dated February 1, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
(8) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
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 either orally or in writing by Borrower or as provided in this paragraph.
Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or directions by telephone or
otherwise to Lender are to be directed to Lender's office shown above. The following person or persons are authorized 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 such authority: Timothy F. Straub, Individually; and Calvin W. Williams III, Individually. Borrower agrees to be liable for all sums either: IN
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. Lender will have no obligation to advance funds under this Note if: IA) Borrower or any guarantor is in default under the
terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the
signing of this Note; (B) Borrower or any guarantor ceases doing business or is insolvent; (C) any guarantor seeks, claims or otherwise
attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender; (D) Borrower has applied funds
provided pursuant to this Note for purposes other than those authorized by Lender; or (E) Lender in good faith believes itself insecure.
SIGN AND ADVERTISING . At Lender's request, Borrower shall place a sign at a location on the property satisfactory to Lender, which sign shall
recite, among other things, that Lender is financing the project. Borrower expressly authorizes Lender to include the project and Lender's role in
financing the project in news releases and such other advertising as Lender may elect, during the project term and thereafter for a period not to
exceed one year. This authorization shall include any photographs, film or electronic images of the project or Borrower's representatives made
in connection with the project and permits inclusion of the terms of the project financing in any media selected by Lender including electronic or
internet communications. This provision shall not be construed to require Lender to advertise the project or to include it in any media
presentations. The consideration hereunder is agreed to be applicable to this provision; no additional compensation shall be due to Borrower for
any sign or advertising by Lander.
ADDITIONAL FINANCIAL COVENANTS. Borrower will furnish Lander with, as soon as available, but in no event later than one hundred twenty
0 20) days after the end of each fiscal year, Borrower's financial statement, prepared by Borrower, and a completed federal tax return for the
year ended. All financial reports required to be provided under this Agreement shall be prepared in accordance with generally accepted
accounting principles, applied on a consistent basis, and certified by Borrower as being true and correct. Borrower shall also cause to be
provided annually as soon as available, but in no event later than one hundred twenty 0 20) days after the and of each calendar year,
Guarantor's personal financial statement and tax returns.
SHARING OF ACCOUNT INFORMATION. The Lender and the companies in the Susquehanna Bancshares, Inc. family offer a full range of
valuable financial services. We can better serve your needs by sharing your account information within our corporate family. The Borrower
authorizes the Lender and the companies that comprise the Susquehanna Bancshares, Inc. corporate family to disclose to any of Susquehanna
Bancshares, Inc. existing or future subsidiaries, affiliates, and assigns, and to any potential assignee or transferee, any information (including
information received from third persons) in or relating to (I) the Borrower, (ii) this loan, (iii) any other loans you have previously obtained or may
from time to time obtain from us or any of the Susquehanna Bancshares, Inc. family of companies in the future, and (iv) any other accounts of
any type or nature and other relationships the Borrower has previously established or may from time to time establish with any of the
Susquehanna Bancshares, Inc. family of companies in the future.
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. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo
enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice
to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend
additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms
of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate,
fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the
order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements,
as Lender in its discretion may determine; (e) 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; and (f) determine how, when and what application of
payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs,
guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any
change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, 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 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 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.
PROMISSORY NOTE
Loan No: 10004159256 (Continued) Page 3
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE
VARIABLE INTEREST RATE PROVISIONS. EACH 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:
X
(Seal) X ISeaU
Timothy . Svaub Wivi W. Williams III
"'--'"'Vim. 6..n."" Caw. - --- "' ' I". -- -N11-llnrwa. .11 M:IfOWa A-11Vl-111.- Mal
DISCLOSURE FOR CONFESSION OF JUG A;MENT
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References in the boxes above 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; Timothy F. Straub
Calvin W. Williams III
157 S 32nd Street
Camp Hill, PA 17011-5102
Declarant: Calvin W. Williams III
157 S 32nd Street
Camp Hill, PA 17011-5102
Lender: Susquehanna Bank PA
Camp Hill
201 St Johns Church Road
Camp Hill, PA 17011
,,,DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS DAY OF l , 20 id , A PROMISSORY NOTE FOR $168,000.00 OBLIGATING
ME TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, 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 NOTE, 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.
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 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 MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, 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 I 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.
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
Cf / 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE 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.
DECL ANTT:/
!?V
X 'i'(Seal)
Calvin W. Williams III
LASER PRO L-ding. Vv. 6.79.10.001 Cop,. Nrlo"A F -.W Sol.O- Ina. 1997, 2009. AO RIQM, RQ-W-L . PA N:1S09AN6PA1CF11LK%O30.FC 7A•73476 M47
DISCLOSURE FOR CONFESSION OF JUt-%3MENT
......................,.:::.:::.:::::.:.,.,,..w:::•,RwrF:•;a::•:x;;t:;:: •::::x;•m;.:. .: - : :• •.•:m:c:•; r,;n::aF:w:ac;<;::;.r.;:_ •;:s.;.;:.:::.•:•:•o::?a::r:>:.............,??1.?•i?;t;:f.?•::;::•: ?x;<::•:•:;•;;;:•:r.::•:••rx•:::;:;• ::>:stir::>.:si;:t?:>.?isi>.?%:t«:.
References in the boxes above 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: Timothy F. Straub Lender' Susquehanna Bank PA
Calvin W. Williams III Camp Hill
157 S 32nd Street 201 St Johns Church Road
Camp Hill, PA 17011-5102 Camp Hill, PA 17011
Declarant: Timothy F. Straub
157 S 32nd Street
Camp Hill, PA 17011-5102
DISCLOSURES FOR CONFESSION OF JUDGMENT
1 AM EXECUTING, THIS DAY OF Li , 20 , A PROMISSORY NOTE FOR $168,000.00 OBLIGATING
ME TO REPAY THAT AMOdNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, 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 NOTE, 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.
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 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 MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, 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 I 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.
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
173- 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE 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.
DECLARANT:
: ,ISeal)
Xim
othy F. Straub
LASER PRO 4n4in8. Vim. 6.78.10.001 Cop. HwM d FI-M Solution,, In". 1997. 2008. AN Rleln, R-mv,d. - PA N:1SD8ANKPA%CF1%LPL%D30.FC 7R.3.7d76 M47
COMMERCIAL GUARANTY
References in the boxes above 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: Timothy F. Straub Lender: Susquehanna Bank PA
Calvin W. Williams III Camp Hill
157 S 32nd Street 201 St Johns Church Road
Camp Hill, PA 17011.5102 Camp Hill, PA 17011
Guarantor: Marlso A. Straub
2602 Market Street
Camp Hill, PA 17011.4632
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, or any one or more of them, 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.
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, reasonable
attorneys' fees, arising from any and all debts, liabilities and obligations that Borrower individually or collectively or Interchangeably with others,
owes or will owe Lender under the Note and Related Documents and any renewals, extensions, modifications, refinancings, consolidations and
substitutions of the Note and Related Documents.
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 any such other unterminated guaranties.
CONTINUING GUARANTY. THIS GUARANTY ENCOMPASSES A LINE OF CREDIT AND GUARANTOR UNDERSTANDS AND AGREES THAT
THIS GUARANTY SHALL BE OPEN AND CONTINUOUS UNTIL THE INDEBTEDNESS IS PAID IN FULL AND THE LENDER DECLARES THAT THE
LINE OF CREDIT IS FULLY SATISFIED, PERFORMED AND TERMINATED.
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 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. Release of any other guarantor or termination of any
other guaranty of the Indebtedness shall not effect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or
more Guarantors shall not effect the liability of any remaining Guarantors under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's
liability under this Guaranty, from time to time: (A) 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 now 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; (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 IH) to assign or transfer this Guaranty in whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) 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; (B) 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; IF) 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 effect 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 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 nonection 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 hold 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; (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 (A) 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; (B) 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; (D) 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 low, Lender reserves a right of setoff in all Guarantor's accounts with Lender
COMMERCIAL GUARANTY
Loan No: 10004159256 (Continued)
Page 2
(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
and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights
under this Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
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; Expanses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable
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 reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, including reasonable 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.
Choice of Venue. If there Is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland
County, 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 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 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 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 any one or more of them. The 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
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 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 party'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 Lander. 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 Lander.
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 Timothy F. Straub and Calvin W. Williams III and includes all co-signers and co-makers signing the
Note and all their successors and assigns.
Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Marisa A. Straub, 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.
Lander. The ward "Lander" means Susquehanna Bank PA, its successors and assigns.
Note. The word "Note" means the promissory note dated February 1, 2008, in the original principal amount of $168,000.00 from
Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for
the promissory note or agreement.
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
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 INTERFRT FOR rni I FrTiniu Al IT IKI Anrv C%ICKM Kln\ i CCC -A", n111
,,.„
COMMERCIAL GUARANTY
"Loan No: 10004159256 (Continued) Page 3
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 FEBRUARY 1, 2008.
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:
XLITluQ3 -?b(lLllz iSeaq
Massa A. Straub
110. e.....?. . rs R:BOMMM,CRLLfL1EID.K ?.]NM "s-??
DISCLOSURE FOR CONFESSION OF JUL?MENT
References in the boxes above 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: Timothy F. Straub
Calvin W. Williams III
157 S 32nd Street
Camp Hill, PA 17011-5102
Declarant: Marisa A. Straub
2602 Market Street
Camp Hill, PA 17011-4632
Lender: Susquehanna Bank PA
Camp Hill
201 St Johns Church Road
Camp Hill, PA 17011
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS DAY OF , 20A. A GUARANTY FOR A PROMISSORY NOTE FOR
$168,000.00 OBLIGATING ME TO REPAY THAT AMOUNT.
A. 1 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.
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
JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY.
A- 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.
DECLARANT:
X t luj1A. lSeali
Marisa A. Straub
lA501 PRO L? di q. Vr. 5.06.10.001 C.M. HMI d R1,ANW SN"Ibn,, M- 1957, 2001. M R19hN ft, . • PA NN3OSANRPA%CFMft%000.FC TR-71176 M47
VERIFICATION
I, Robert Rahal, Senior Vice President of Susquehanna Bank, verify that I am authorized
to make this verification on behalf of Susquehanna 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.
Robert Rahal, Senior Vice President
of Susquehanna Bank
FILED-OFFICE
OF ?Nc PR?CTHOC)I 'UTrRY
20211 SI:P -8 Pii t?= CJ
CIA!"
;i
4al .5a P A7-N
3 L/O l
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?)o-kc' e. I?la? le-c/
SUSQUEHANNA BANK,
Plaintiff
V.
CALVIN W. WILLIAMS, III,
TIMOTHY F. STRAUB and
MARISA A. STRAUB,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Oq - (plat
&vi(-rer*t
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE
(Loan # 10004159256 - February 1, 2008)
I, Clayton W. Davidson, certify that the addresses for the Defendants are:
Calvin W. Williams, III
149 South Locust Point Road
Mechanicsburg, PA 17055
Marisa A. Straub
2602 Market Street
Camp Hill, PA 17011
Timothy F. Straub
2602 Market Street
Camp Hill, PA 17011
I further certify the address for the Plaintiff is 1570 Manheim Pike, Lancaster, Pennsylvania
17601.
McNEES WALLACE & NURICK LLC
Date: September 2, 2009
By
Clayto . Davi2/79139
PA Attorney I.D. 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(a-,mwn. com
Attorneys for Plaintiff, Susquehanna Bank
FFlLED-40FICE
OF THE- PROTHIONOTARY
2009 SEP -8 PPS 4: 00
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CR " 007 -Fev,
CIVIL ACTION - LAW
AFFIDAVIT OF NON-MILITARY SERVICE
AND LAST-KNOWN ADDRESSES
(Loan # 10004159256 - February 1, 2008)
SUSQUEHANNA BANK,
Plaintiff
V.
CALVIN W. WILLIAMS, III,
TIMOTHY F. STRAUB and
MARISA A. STRAUB,
Defendants
COMMONWEALTH OF PENNSYLVANIA
DAUPHIN SS.
COUNTY
The undersigned, being duly sworn according to law, deposes and says that to the best of
my information and belief, Defendants, Calvin W. Williams, III, Timothy F. Straub and Marisa
A. Straub, are not in the Military or Naval Service of the United States or its Allies, or otherwise
within the provisions of the Service Members Civil Relief Act, f/k/a the Soldier's and Sailor's
Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Calvin W. Williams, III is over eighteen
(18) years of age and was last known residing at 149 South Locust Point Road, Mechanicsburg,
Pennsylvania 17055. Timothy F. Straub is over eighteen (18) years of age and was last known
residing at 2602 Market Street, Camp Hill, Pennsylvania 17011.
a .
Marisa A. Straub is over eighteen (18) years of age and was last known residing at 2602
Market Street, Camp Hill, Pennsylvania 17011. I Y
?1?' /
Clayton W Davidson
SWORN and subscribed to before me this 30`4 day
of September, 2009.
Notary Public
My Commission Expires
(SEAL)
OOMMONWEALTH OF PENNSYLVANIA
Notarial Seel
Charrnaine Y. O'Hara, Notary Public
Clay of Harrislxg. Dauphin County
MY Commission Bores Feb. 16, 2011
Pennsylvania As-,06ation of Notaries
FILED-OFFICE
OF THE P,ROTHIC"TNARY
2009 5EP -8 PM 4: 00
CUw- s : =::;; ` DUN Y
PcNf,.SYL?4,,NIA
SUSQUEHANNA BANK,
Plaintiff
V.
CALVIN W. WILLIAMS, III,
TIMOTHY F. STRAUB and
MARISA A. STRAUB,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CA erp.-
CIVIL ACTION - LAW
NOTICE OF ENTRY OF JUDGMENT
(Loan # 10004159256 - February 1, 2008)
TO: Calvin W. Williams, III
149 South Locust Point Road
Mechanicsburg, PA 17055
Timothy F. Straub
2602 Market Street
Camp Hill, PA 17011
Marisa A. Straub
2602 Market Street
Camp Hill, PA 17011
You are hereby notified that on September 9 , 2009 a judgment by confession was
entered against each of you in the above-captioned case in favor of Susquehanna Bank as
follows:
Principal:
Accrued Interest:
Late Fees:
$165,886.00
3,577.53
16,856.23
Other Charges/Fees: 100.00
Attorney's Fees (10% commission): 16,946.35
Total: $203,366.11 *
*along with interest accruing at the current per diem rate of $19.58 until paid in
full (the "Indebtedness")
DATE: kf,(Gl \
P OTHONOT
SUSQUEHANNA BANK,
Plaintiff
V.
CALVIN W. WILLIAMS, III,
TIMOTHY F. STRAUB and
MARISA A. STRAUB,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-6127 Civil Term
CIVIL ACTION - LAW
NOTICE UNDER RULE 2958.1 OF JUDGMENT
AND EXECUTION THEREON
TO: Timothy F. Straub Marisa A. Straub
2602 Market Street 2602 Market Street
Camp Hill, PA 17011 Camp Hill, PA 17011
A judgment in the amount of $203,366.11 as of August 1, 2009 along with interest
accruing at the per diem rate of $19.58, costs and reasonable attorney's fees until paid in
full has been entered against you on September 8, 2009, in favor of the Plaintiff under the above
captioned action without any prior notice or hearing based on a confession of judgment contained in
a written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at any time after thirty (30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW,
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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
McNEES, WALLACE & NURICK
Date: October 9, 2009 By
Clayton W. Davidson
Attorney I.D. No. 79139
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5357
(717) 237-5300 fax
Attorneys for Plaintiff, Susquehanna Bank
0
1_7 THE
2099 OCT 13 PH 2: 02
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
Sheriffs Office of Cumberland County
??.?tttc' of ,:u1uUrr/a,?? ?ru, ?'?-', ?2
Susquehanna Bank
vs.
Timothy F. Straub
Case Number
2009-6127
SHERIFF'S RETURN OF SERVICE
10/15/2009 11:43 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October
15, 2009 at 1143 hours, he served a true copy of the within Notice Under Rule 2958.1 of Judgment and
Execution Thereon, upon the within named defendant, to wit: Timothy F. Straub, by making known unto
himself personally, at 157 S. 32nd Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents
and at the same time handing to him personally the said true and correct copy of the same.
10/19/2009 06:41 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 19,
2009 at 1841 hours, he served a true copy of the within Notice Under Rule 2958.1 of Judgment and
Execution Thereon, upon the within named defendant, to wit: Marisa A. Straub, by making known unto
herself personally, at 2602 Market Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents
and at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $71.00
October 20, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
By
Deputy Sheriff
By _
Deputy Sheriff
i
SUSQUEHANNA BANK, )
Plaintiff
VS.
CALVIN W. WILLIAMS, III,
TIMOTHY F. STRAUB and )
MARISA A. STRAUB
Defendants )
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009-06127 CIVIL TERM
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.
SUSQUEHANNA BANK
By: /L d
Dated: / d ?/! / l2
S A M E R/
as `'y First American
Title Insurance Company
SCHEDULE C
Legal Description
ALL THOSE CERTAIN tracts or parcels of land situate in the Borough of Camp Hill,
County of Cumberland and Commonwealth of Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at an iron pin on the eastern side of Twenty-ninth Street and at other lands
now or formerly of Mrs. Hoffinan; thence North forty-four degrees nine minutes East (N.
44' 09' E.) fifty-eight and three-tenths (58.3) feet along Twenty-ninth Street to a point on
the concrete approach to the building; thence in line with the center line of the partition
between the two houses South fifty-five degrees thirty-six minutes East (S. 55' 36'E.) fifty-
eight and forty-five hundredths (58.45) feet to an iron post; thence along the fence to the
garages South eighty-six degrees twenty-four minutes East (S. 86' 24'E) thirty-seven (37)
feet, more or less, to the center of the garage building; thence by the center of said building
North eighty-eight degrees one minute East (N. 88' 01'E.) ten and five-tenths (10.5) feet,
more or less, to the line of lands now or formerly of Mrs. Mary Ott; thence by the line of
land now or formerly of Mrs. Ott and O.B. Bischoff South no degrees twenty-nine minutes
West (S. 0' 29'W.) forty-five and nineteen hundredths (45.19) feet to an iron pipe in line of
land of said Bischoff; thence by other lands now or formerly of Mrs. Hoffman, North sixty-
seven degrees twenty minutes West ( N. 67' 20; W.) one hundred forty-four and forty-six
hundredths (144.46) feet to an iron pin, the place of BEGINNING.
HAVING thereon erected a two (2) story brick and frame one-half of a double dwelling
house known as No. 7 North Twenty-Ninth Street and also a garage.
BEING THE SAME premises which Calvin W. Williams, III, a single man, by his deed
dated the 12' day of October, 2009 and to be recorded simultaneously herewith, granted
and conveyed unto Bobbi R. Misiti and Anthony R. Misiti, her husband, MORTGAGORS
herein.
FTPA-61 (Rev. 4/ 1 /07)
PA-3
05 T P- 'C)"OTAPY
2609 NOY -4 AM 10: 09
p' g, 0o pdL C r--J? +- l e
?jth 3 753
RELEASE OF JUDGMENT LIEN AGAINST
2140 MARKET STREET UNIT 1016 CAMP HILL PA 17011
Lienholder: Judgments dated September 8, 2009
SUSQUEHANNA BANK
Upon premises located in the
Camp Hill Borough, Cumberland County,
to Pennsylvania
Debtors:
TIMOTHY F. STRAUB and MARISA
A. STRAUB
Judgment Lien Docket No. Amount of Judgment
Susquehanna Bank. v. Calvin W. Williams, III, No. 09-6127 $203,366.11
Timothy F. Straub and Marisa A. Straub
FOR VALUE RECEIVED, and intending to be legally bound, SUSQUEHANNA
BANK, hereby remises, releases, exonerates and discharges the following tract(s) or
parcel(s) of land and any improvements therein or thereon from the liens above:
ALL THAT CERTAIN tract or parcel of land known as 2140 Market Street,
Unit 101 B, Camp Hill Borough, Cumberland County, Pennsylvania, more
particularly described in Exhibit "A" attached hereto and made a part hereof.
PROVIDED, always, nevertheless, that neither this Release nor anything contained
herein shall in any way or at any time be or be construed to be evidence of payment,
satisfaction or discharge of the debt secured by said judgments, or to affect, alter or
diminish the remedies at law for recovering the principal sum and interest and other charges
secured by said judgments from any person or entity who or which has not been expressly
released from liability therefor.
WITNESS the due execution hereof this2``~ day of October, 2009.
LIENHOLDER:
SUSQUEHANNA BANK
Robert Rahal
Senior Vice President
{A1748291:1 }
COMMONWEALTH OF PENNSYLVANIA
L~~ o SS:
COUNTY OF L u ~'''~ /3C-/~
7~
On this, the _:~ day of October, 2009, before me, a Notary Public in and for the
above-named Commonwealth and County, the undersigned officer, personally appeared
Robert Rahal, who acknowledged himself to be the Senior Vice President of
SUSQUEHANNA BANK, a corporation, and that he as such officer, being authorized to do
so, executed the foregoing instrument for the purpose therein contained by signing the
name of the corporation by himself as such officer.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Gail F. Hess, Notary PubIR;
Hampden Tvop., Cumberland County
My Commission Expires Apr. 1S, 2010
Member. Pennsylvania Association or Notaries
{A1748291:1)
Exhibit "A"
ALL THAT CERTAIN Unit and the property known, named and identified in the Declaration
referred to below as "Academy Court Condominium," situate in the Borough of Camp Hill,
Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions
of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101 et seq., by the
recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration
dated February 1, 1988, and recorded July 5, 1988, in Misc. Book 351, Page 777, as the
same shall be amended from time to time as Unit No. B-101, which said Unit is more fully
described in said Declaration, as the same may be amended from time to time, together
with a proportionate undivided interest in the Common Elements, 9 as defined in said
Declaration) of 6.99%.
BEING Lot No. 1 and Lot No. 1A, Final Subdivision Plan; Regent Construction Company
and Land Use Development Plan, Central Pennsylvania Savings Association, dated
December 11, 1987, and revised January 11, 1988, recorded in Plan Book 54, Page 146,
Cumberland County records.
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SUSQUEHANNA BANK
Plaintiff
v
CALVIN W. WILLIAMS, III,
TIMOTHY F. STRAUB and
MARISA A. STRAUB
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2009-06127 CIVIL TERM
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
You are hereby directed to release the premises described in the legal
description attached hereto and labeled as exhibit "A" from the lien of the above-captioned
judgment.
SUSQUEHANNA BANK
BY: //li~~ ~ ~d ~~~
Dated: / / ~~ ~y
Exhibit A
Legal Description
2142 Market St.
Camp Hill, PA 17011
Parcel No.:01-21-0271-366.U202A
ALL THAT CERTAIN Unit and the property known, named and identified in the Declaration referred to below as
"Academy Court Condominium" situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, which has
heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 PA. C.S.A. 3101 et
seq., by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated February
1, 1988, and recorded July 5, 1988, in Miscellaneous Book 351, Page 777, as the same shall be amended from time
to time, as Unit No. A-202, which said Unit is more fully described in said Declaration, as the same may be amended
from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said
Declaration) of 7.97%.
BEING Lot No. 1 and Lot No. lA, Final Subdivision Plan, Regent Construction Company and Land Use
Development Plan, Central Pennsylvania Savings Association, dated December 11, 1987, and revised January 11,
1988, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 54, Page 148.
UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of--way, easements and agreements
of record.
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SUSQUEHANNA BANK IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
v
NO. 200'9-06127 CIVIL TERM
CALVIN W. WILLIAMS, III, n
TIMOTHY F. STRAUB and T= q :~
MARISA A. STRAUB - ~
~ '
nip
Defendants rv ~'
~-:_ <
-~;~;
PRAECIPE TO DISCONTINUE
~~ _
~~ =~'
TO THE PROTHONOTARY: ~- ~ -
::' ~
cn ~~i f f `I
You are hereby directed to release the premises described in the legal
description attached hereto and labeled as exhibit "A" from. the lien of the above-captioned
judgment.
SUSQUIHANNA BANK
BY: ~ ~~~~-
Dated: lI ~ ~ ' l ~ ~ ~ ~ ~ ,/ L~(~ ~~~ 5-, ~~~
~~ -~ i~ ~~?~~
a3~q~o
Exhibit A
Legal Description
1800 Sheepford Rd.
Mechanicsburg, PA 17055
Parcel No.:13-27-1877-025
13-27-1877-026
ALL THAT CERTAIN piece or parcel of and situate in Lower Allen Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a survey and plan thereof
dated November 12, 1951, prepared by D. P. Raffensperger, R.S., as follows:
BEGINNING at a point in the center line of a public road known as Old Forge Road at line of
lands now or late of Pennsylvania Turnpike Commission; thence along the line of lands of the
Pennsylvania turnpike Commission South eighty (80) degrees twenty-six (26) minutes West
one hundred twenty-seven and twenty hundredths (127.20) feet to a paint; thence continuing by
said lands south eighteen (18) degrees five (5) minutes West one hundred seventy-seven and
fifty-six one hundredths (177.56) feet to a point on line of lands now or late of Robert B. Cline;
thence along said lands South seventy (70) degrees fifty-tiwo (52)minutes East two hundred
sixteen and seventy-four one-hundredths (216.74) feet to a point; thence North twenty-one (21)
degrees no (00) minutes East One hundred eighty-nine amd sixty-seven one-hundredths
(189.67) feet to a spike in the center line of Old Forge Road; thence along center line of Old
Forge Road North fifty-two (52} degrees fifty-one (51) minutes West fifty-six and seventeen
one-hundredths (56.17) feet to a point; thence by the same North forty-three (43) degrees
thirty-one (31) minutes West sixty-eight and seventy-three one-hundredths (68.73) feet to a
point, the place of BEGINNING.
13-27-1877-025
ALL THOSE TWO CERTAIN pieces or tracts of land situate in the Lower Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:
PARCEL NO. A
BEGINNING at a point in the southern right-of-way line of the Pennsylvania Turnpike,
said point being opposite Turnpike center line station 673/85.03, 120 feet distant measured
therefore radially; thence south 18 degrees 25 minutes 32 seconds east 69.72 feet to a point,
being a corner common to lands now or formerly of S. Simon, lands now or formerly of William
Cline and the Pennsylvania Turnpike commission; thence north 88 degrees 50 minutes 38
seconds west 102.02 feet to a corner common to the lands now or formerly of S. Simon and the
Pennsylvania turnpike Commission; thence north 18 degrees 25 minutes 32 seconds west
61.24 feet to a point in the southern right-of-way line; thence by a curve to the left having a
radius of 4,703.75 feet, an arc distance of 99.5 feet to the point and place of BEGINNING.
CONTAINING 0.144 acres, more or less, and being Surplus parcel 363.
PARCEL NO. B
BEGINNING at a point in the southern right-of-way line of the Pennsylvania Turnpike
Center line Station 673/85.03, 120 feet distant measured therefrom radially; thence by a curve
to the left having a radius of 4,703.75 feet, an arc distance of 372.86 feet to a pcint in the
southern right-of-way line; thence continuing along the same south 72 degrees 52 minutes 32
seconds east 14.09 feet to a point common to lands now or formerly of C. James Snyder, Jr.
and the Pennsylvania Turnpike Commission; thence aloR~g lands now or formerly of Snyder
south 18 degrees 18 minutes 06 seconds west 146.39 feet to a point, said point being in
common to the lands now or formerly of Snyder and the'Pennsylvania Turnpike Commission;
thence north 83 degrees 30 minutes 59 seconds west 318.00 feet to a point, said point being
common to the lands now or formerly of S. Simon, Parcgl 363 and the Pennsylvania Turnpike
Commission, thence north 18 degrees 25 minutes 32 seconds west 69.72 feet to the point and
place of BEGINNING.
.~
SUSQUEHANNA BANK
Plaintiff
Vs
Calvin W. Williams, III
Timothy F. Straub
In the Court of Common Pleas
Cumberland County PA
_ : ...: .... _ _ c-i
Cv.
. -rte ~-
No: 2009-6127 ~'~ ~'~
Civil Action -Law -= -
N
_~
U
c,~
c.
r,~
rv
Marisa A. Straub ~~ ~'
..
.. `\~
RELEASE OF JUDGMENT LIEN ~~; i.'
FOR VALUE RECEIVED, and intending to be legally bounded,
Susquehanna Bank, hereby remises, releases, exonerates and discharges the
following tract or parcel of land and any improvements therein or thereon from
the lien above:
ALL THOSE CERTAIN three (3) lots, tracts or parcels of ground, with
the buildings and improvements thereon erected, situate and tying more
particularly as described in Exhibit "A"; attached hereto and made a part
hereof.
PROVIDED, always, nevertheless, that neither this Release nor anything
contained herein shall in any way or at any time be or be construed to be
evidence of payment, satisfaction or discharge of the debt secured by said
judgment, or to affect, alter or diminish the remedies at law for recovering the
principal sum and interest and other charges secured by said judgment from any
person' or entity"who or which has not been expressly release from liability
therefore.
WITNESS the due execution hereof this ~ day of SUN ~ ,
2010.
LIENHOLDER:
..._.....:;._ .:.. _ _ ---SUSQUEHANNA BANK _
Robert Rahal, Senior Vice President
..., ~.~.. ,;c.~:iJ i- bl L.+it t[i -X11-~-~ -liifi~)/- ~l ilk--~11~,- tJ{1JC: TJ(~-Ut l.Ii: -C:Uilatl Util_i iii ~,
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221 Market Street New Cumberland PA Parcel number 25-25-006-319
AI.I. THA2' CERTAIN pica ~ gmd of ]and sttuatt m the Barongh of law Cambcrland, Cumberland Cotmty,
Penrtsyyh~ia, ttwrt particularly botmdtd and dacribod a3 follows, to tvit:
aEGL'~G at a pout. the northeast earner of Second Alley and IMiarlaet SLaet; thence northeastwardly along
Second AUey, a distance of aevemy d4) &ei to a point at land naw or fo~xiy of SB.1ldatks Company; thettee
by soil Msrks lud+ noribmatwardiy parallel wit]:141arloet 3treea', a distance oi'twcaty-thin astd ~e htnzd<vedt}~s
f2r.41) feet to a poasti itaatce ~Y ~ and tln+ough the canter Uae of a doable fzeme dwrllireg
hotiae latowtt as 221 and 223 yfariret Street, a distance of aeriatiy (70} feet toldarfcet Street; tber-ee
sotttheastwardly along Marlaet 3tnoet, a dunce of thtce and one-htmdredths C~3.4i) feet to Second Alley,
the place of H EQ1NNiNG.
BAVL\tf 1'HEftEQ'1~T EREG"IF,1) a throe awry dwrlliag'house known sad ttttmbercd as 221 Market Street, idea
Cnmbalapd, Pamrsylvsnis,
700 Lisburn Road Camp Hill PA 17011 Parcel Number 13-23-0549-137
ALL THAT CERTAIN piece or parcel of land, situate, lying and being in Lower Allen
Township, Cumberland County, Pennsylvania, more particularly bounded and described
as follows:
BEGINNING at an iron pin in-the center line of the intersection of Legislative Routes
21022 and 21023 (Spur E); thence along the center line of said Legislative Route 21023
(Spur E) south 13 degrees 55 minutes east 194.98 feet to a spike at line of land now or
late of Samuel F. McDonald; thence along lands now or late of Samuel F. McDonald
north 83 degrees 21 minutes west 140.80 feet to a point; thence north 24 degrees 06
minutes west 208.10 feet to an iron pin in center of Legislative Route 21022; thence
along the center of said Legislative Route 21022, north 85 degrees 02 minutes east
178.62 feet to the place of BEGINNING.
' ~- .... -,. ~ .: tA.1S::i JkL"CI, 2 t~6s1:H~iF;C -0t ~2`K~li!Y~ /'71 ~1- ff'Pr ',-,- if *~.ni ~':..;„,. r. .x.-,...
HAVING THEREON ERECTED a stone apartment building being known and numbered
as 700 Lisburn Road, Camp Hill, Pennsylvania.
2602 Market Street Cama Hill PA 17011 Parcel Number 01-21-0271-0326
2602 Market Street, Camp Hill:
ALL THAT CERTAIN trail of land.with the buildings thereon erected situate in the Borough of Camp Hill, 'County
of Cumberland, and Coinmomnreafth of Pennsylvania, more. particularly bounded and described as follows, to wit.
BEGINNING at a point at the northwest comer of Market Streaf and North Twenty-S'odh Street; thence in a
northerly d'uection and abrig the western line of North Twenty-Sixth Street, a distance of one hundred seventy-
fnre (175) feet to a fifteen (15} foot alley; thence in a westerly direction along the southern line of said fifteen (15)
foot alley, one hundred ninety-eight and six tenths {198.60) feet to the western line of Lot No. 1, Section A, of the
hereinafter mentioned Plan of Lots; thence in a southerly direction abng the western line of said Lot No. 1,
Section A aforesaid, a distance of one hundred seventy-four and four-tenths (174.4) feet to a point on the
northern line of Market Street: thence in a easterly direction along the northern line of Market Street, two hundred
five feet (205) to a point, the point and place of BEGINNING.
RAVING thereon erected a two and one-half {2 54) story stone dwelling (mown and numbered as~2602 Market
Street, Camp Hill, Pennsylvania.
.. ... ., ,.... .. . ... .. .. .. ... ........ .. ...,1 .~iU.~1ll. llaa-1U :1. i:ulllll,-611;4 i.a: iNll~ll, ..~1-..., k,4t. ~,:~ lad
EXHIBIT A
l ,_.~••, 1t~4i t';~ Il4#(l 1'-~rerk ,'at#.~#i~~-~ lil-.~ i-;+3"1 t-<r_.~.r+
. - t
Clayton W. Davidson
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)
cavidson a_,mwn.com
SUSQUEHANNA BANK,
Plaintiff
V.
CALVIN W WILLIAMS, III,
TIMOTHY F. STRAUB and
MARISA A. STRAUB,
Defendants
FILED-( ?-K
2010 DEC 28 AN 11: 5, 2
ENNSYLVA 1':
Attorneys for Plaintiff Susquehanna Bank
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-6127 (Civil Term)
: CIVIL ACTION -LAW
PRAECIPE TO SATISFY JUDGMENT AND DISCONTINUE ACTION
TO: THE PROTHONOTARY OF DAUPHIN COUNTY
Please satisfy the judgment and thereafter discontinue the action.
Date: December a 2010
McNEES WALLACE & NURICK LLC
By _
Clayto . D son
PA I.D. No. 139
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
cdavidson(almwn.com
Attorneys for Plaintiff Susquehanna Bank
. . `t
CERTIFICATE OF SERVICE
I certify that I have this date served a copy of the foregoing Praecipe to Satisfy Judgment
and Discontinue Action on the following:
Calvin W. Williams, III
149 South Locust Point Road
Mechanicsburg, PA 17055
Timothy F. Straub and Marisa A. Straub
2602 Market Street
Camp Hill, PA 17011
Dated: Decembel, 2010
W. Davidso