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HomeMy WebLinkAbout09-7443IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK vs. Plaintiff GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, CIVIL ACTION No. OQ - 7yq,3 Defendants Confession of Jud ent CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrants of Attorney, copies of which are attached hereto, I appear for the above Defendants Gator Development, LLC, 401 Market Street Partners, LLC, Peter J. Russo, an adult individual, and R. Christopher Zampogna, an adult individual, and confess judgment in favor of the Plaintiff, Sovereign Bank, and against the Defendants Gator Development, LLC, 401 Market Street Partners, LLC, Peter J. Russo, an adult individual, and R. Christopher Zampogna, an adult individual, in the amount of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post judgment per contract, plus costs of suit as follows, itemized below: Judgment entered as above. Dated: September 30, 2009 Unpaid Principal Amount $ 161,632.88 Interest to September 30, 2009 $ 6,776.24 Late Fees $ 617.25 Contractual Attorney Fees 10.0% $ 16,840.91 TOTAL $ 185,867.28 Per Diem Interest from October 1, 2009 until paid in full including post judgment per contract, plus costs of suit 47.1 93 By: orrest T. Pass n, Esquire As Attorney for Defendants 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6358 I.D. No. 85897 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK VS. Plaintiff GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, : A It ' d"d 1 CIVIL ACTION No. 04 - lgg3 01-c'; L? an a u in ivi ua , Defendants Confession of Jud ment COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Sovereign Bank, confesses judgment against Defendants Gator Development, LLC, 401 Market Street Partners, LLC, Peter J. Russo, an adult individual, and R. Christopher Zampogna, an adult individual, in the amount of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post- judgment per contract, plus costs of suit as provided for in those certain note and guaranties, and in support: thereof avers as follows: Parties 1. The Plaintiff is Sovereign Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania with offices for the purpose of doing business at Two Aldwyn Center, East Lancaster Avenue and Aldwyn Lane, Villanova PA 19085-1420. 2. Defendant Gator Development, LLC, is a Pennsylvania limited liability company whose address is 1520 Market Street, Camp Hill, Pennsylvania 17011 ("Borrower"). 3. Defendant 401 Market Street Partners, LLC, is a Pennsylvania limited liability company whose principal address is 1520 Market Street, Camp Hill, Pennsylvania 17011 ("401 Market"). 4. Defendant Peter J. Russo is an adult individual whose principal address is 4 Shoff Court, Mechanicsburg, Pennsylvania 17055 ("Russo"). 5. Defendant R. Christopher Zampogna is an adult individual whose principal address is 5 Saratoga Place, Camp Hill, Pennsylvania 17011 ("Zammna"). Count I SOVEREIGN BANK v. GATOR DEVELOPMENT, LLC 6. On or about June 28, 2006, Sovereign Bank made available a loan to Borrower in the original principal amount of $200,000.00 (the "Loan") as evidenced by that certain Promissory Note dated June 28, 2006, in the original principal amount of $200,000.00 executed by Borrower in favor of Sovereign Bank and an accompanying Disclosure for Confession of Judgment (collectively, the "Note"). A true and correct of copy of the Note is attached hereto, incorporated herein and marked as Exhibit "A". 7. As collateral for obligations, debts and liabilities of Borrower to Sovereign Bank, including, without limitation, the Note, Borrower executed and delivered to Sovereign Bank that certain Commercial Security Agreement dated June 28, 2006, whereby Borrower granted a security interest in certain assets of Borrower, including, without limitation, Pennsylvania Liquor License No. R-15960. 8. Sovereign Bank is the holder of the Note. 9. The Note authorizes confessions of judgment. 10. The Note has not been assigned. 11. The judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951(a)(2). 12. Judgment has not been entered on the attached Note in any jurisdiction. 13. The Note is less than twenty (20) years old and no application for a court order granting leave to enter judgment after notice is required. 14. The Note provides for confession of judgment against Borrower after default under the Note. 15. Defendant Borrower is in default under the terms of the Note for, among other things, failure of Defendant Borrower to perform its payment obligations to Sovereign Bank as and when due, and failure to pay in full all amounts due under to the Note upon demand. 16. Sovereign Bank has exercised its right to confess judgment pursuant to the terms of the Note for an amount which Defendant Borrower may become liable. 17. On or about August 5, 2009, Sovereign Bank delivered to Defendant Borrower, via first class mail and certified mail, return receipt requested, a written notice of default and demand that all outstanding principal amounts, plus accrued interest and late fees due under the Note be paid in full, and Defendant Borrower failed to do so. A true and correct of copy of the Notice of Default is attached hereto, incorporated herein and marked as Exhibit `B". 18. As a consequence of Defendant Borrower's failure to cure this default, Defendant Borrower is liable to Sovereign Bank in the total sum of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post- judgment per contract, plus costs of suit itemized as follows: Unpaid Principal Amount $ 161,632.88 Interest to September 30, 2009 $ 6,776.24 Late Fees $ 617.25 Contractual Attorney Fees (10.0%) $ 16,840.91 TOTAL $ 185,867.28 Per Diem Interest from October 1, 2009 until paid in full including post judgment per contract, plus costs of suit $ 47.14293 WHEREFORE, Plaintiff, Sovereign Bank, demands judgment against the Defendant Borrower in the total sum of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post judgment per contract, plus costs of suit as authorized by the Warrant appearing in the Note. Count II SOVEREIGN BANK v. 401 MARKET STREET PARTNERS, LLC 19. Sovereign Bank incorporates the above averments as if more fully set forth herein. 20. On or about June 28, 2006, 401 Market executed that certain Commercial Guaranty in favor of Sovereign Bank whereby 401 Market is guaranty and surety for all debts, liabilities and obligations of Borrower to Sovereign Bank, including, without limitation, all debts, liabilities and obligations of Borrower under the Note, and an accompanying Disclosure for Confession of Judgment (collectively, the "401 Market Guaranty"). A true and correct of copy of the 401 Market Guaranty is attached hereto, incorporated herein and marked as Exhibit "C". 21. Contemporaneous with the execution of the 401 Market Guaranty, 401 Market granted to Sovereign Bank that certain Mortgage dated June 28, 2006, recorded in the Cumberland County Recorder of Deeds in Book 1957, Page 810, on the real property and improvements located thereon located in Cumberland County, Pennsylvania designated as Tax Parcel ID No. 25-24-0813-046 (as more particularly described in such Mortgage) which secures all obligations debts and liabilities (including interest thereon) of 401 Market and Borrower to Sovereign Bank, including, without limitation, all obligations debts and liabilities of 401 Market pursuant to the 401 Market Guaranty and Borrower pursuant to the Note. 22. Sovereign Bank is the holder of the 401 Market Guaranty. 23. The 401 Market Guaranty authorizes confessions of judgment. 24. The 401 Market Guaranty has not been assigned. 25. The judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951(a)(2). 26. Judgment has not been entered on the attached 401 Market Guaranty in any jurisdiction. 27. The 401 Market Guaranty is less than twenty (20) years old and no application for a court order granting leave to enter judgment after notice is required. 28. The attached 401 Market Guaranty imposes the liability against Defendant 401 Market, and, as such, Defendant 401 Market is primarily liable with Defendant Borrower for the principal and all sums due and owing under the Note upon default. 29. The 401 Market Guaranty provides for confession of judgment against Defendant 401 Market after default under the 401 Market Guaranty. 30. Defendant 401 Market is in default under the terms of the 401 Market Guaranty. 31. Sovereign Bank has exercised its right to confess judgment pursuant to the terms of the 401 Market Guaranty for an amount which Defendant 401 Market may become liable. 32. On or about August 5, 2009, Sovereign Bank delivered to Defendant 401 Market, via first class mail and certified mail, return receipt requested, a written notice of default and demand for payment in full of all outstanding principal amounts, plus accrued interest and late fees due under the Note and, Defendant 401 Market failed to do so. A true and correct of copy of the Notice of Default is attached hereto, incorporated herein and marked as Exhibit "B". As a consequence of Defendant 401 Market's failure to cure this default, Defendant 401 Market is liable to Sovereign Bank in the total sum of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post- judgment per contract, plus costs of suit itemized as follows: Unpaid Principal Amount $ 161,632.88 Interest to September 30, 2009 $ 6,776.24 Late Fees $ 617.25 Contractual Attorney Fees 10.0%) $ 16 840.91 TOTAL $ 185,867.28 Per Diem Interest from October 1, 2009 until paid in full including post judgment per contract, plus costs of suit $ 47.14293 WHEREFORE, Plaintiff, Sovereign Bank, demands judgment against Defendant 401 Market in the total sum of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post-judgment per contract, plus costs of suit as authorized by the Warrant appearing in the 401 Market Guaranty. Count III SOVEREIGN BANK v. PETER J. RUSSO 33. Sovereign Bank incorporates the above averments as if more fully set forth herein. 34. On or about June 28, 2006, Russo executed that certain Commercial Guaranty in favor of Sovereign Bank, which Commercial Guaranty was amended and restated in its entirety by that certain Commercial Guaranty was executed by Russo on or about June 4, 2007, in favor of Sovereign Bank pursuant to which Russo is guaranty and surety for all debts, liabilities and obligations of Borrower to Sovereign Bank, including, without limitation, all debts, liabilities and obligations of Borrower under the Note„ and an accompanying Disclosure for Confession of Judgment (collectively, the "Russo Guaran "). A true and correct of copy of the Russo Guaranty is attached hereto, incorporated herein and marked as Exhibit "D". 35. Sovereign Bank is the holder of the Russo Guaranty. 36. The Russo Guaranty authorizes confessions of judgment. 37. The Russo Guaranty has not been assigned. 38. The judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951(a)(2). 39. Judgment has not been entered on the attached Russo Guaranty in any jurisdiction. 40. The Russo Guaranty is less than twenty (20) years old and no application for a court order granting leave to enter judgment after notice is required. 41. The attached Russo Guaranty imposes the liability against Defendant Russo, and, as such, Defendant Russo is primarily liable with Defendant Borrower for the principal and all sums due and owing under the Note upon default. 42. The Russo Guaranty provide for confessions of judgment against Defendant Russo after default under the Russo Guaranty. 43. Defendant Russo is in default under the terms of the Russo Guaranty. 44. Sovereign Bank has exercised its right to confess judgment pursuant to the terms of the Russo Guaranty for an amount which Defendant Russo may become liable. 45. On or about August 5, 2009, Sovereign Bank delivered to Defendant Russo, via first class mail and certified mail, return receipt requested, a written notice of default and demand for full payment of all outstanding principal amounts, plus accrued interest and late fees due under the Note, and Defendant Russo failed to do so. A true and correct of copy of the Notice of Default is attached hereto, incorporated herein and marked as Exhibit "B". As a consequence of Defendant Russo's failure to cure this default, Defendant Russo is liable to Sovereign Bank in the total sum of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post judgment per contract, plus costs of suit itemized as follows: Unpaid Principal Amount $ 161,632.88 Interest to September 30, 2009 $ 6,776.24 Late Fees $ 617.25 Contractual Attorney Fees (10.0%) $ 16,840.91 TOTAL $ 185,867.28 Per Diem Interest from October 1, 2009 until paid in full including post judgment per contract, plus costs of suit $ 47.14293 WHEREFORE, Plaintiff, Sovereign Bank, demands judgment against Defendant Russo in the total sum of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post judgment per contract, plus costs of suit as authorized by the Warrant appearing in the Russo Guaranty. Count IV SOVEREIGN BANK v. R. CHRISTOPHER ZAMPOGNA 46. Sovereign Bank incorporates the above averments as if more fully set forth herein. 47. On or about April 13, 2006, Zampogna executed that certain Commercial Guaranty in favor of Sovereign Bank whereby Zampogna is guaranty and surety for all debts, liabilities and obligations of Borrower to Sovereign Bank, including, without limitation, all debts, liabilities and obligations of Borrower under the Note, and an accompanying Disclosure for Confession of Judgment (collectively, the "Zamnogna Guaran "). A true and correct of copy of the Zampogna Guaranty is attached hereto, incorporated herein and marked as Exhibit "E". 48. Sovereign Bank is the holder of the Zampogna Guaranty. 49. The Zampogna Guaranty authorizes confessions of judgment. 50. The Zampogna Guaranty has not been assigned. 51. The judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951(a)(2). 52. Judgment has not been entered on the attached Zampogna Guaranty in any jurisdiction. 53. The Zampogna Guaranty is less than twenty (20) years old and no application for a court order granting leave to enter judgment after notice is required. 54. The attached Zampogna Guaranty imposes the liability against Defendant Zampogna, and, as such, Defendant Zampogna is primarily liable with Defendant Borrower for the principal and all sums due and owing under the Note upon default. 55. The Zampogna Guaranty provide for confessions of judgment against Defendant Zampogna after default under the Zampogna Guaranty. 56. Defendant Zampogna is in default under the terms of the Zampogna Guaranty. 57. Sovereign Bank has exercised its right to confess judgment pursuant to the terms of the Zampogna Guaranty for an amount which Defendant Zampogna may become liable. 58. On or about August 5, 2009, Sovereign Bank delivered to Defendant Zampogna, via first class mail and certified mail, return receipt requested, a written notice of default and demand for full payment of all outstanding principal amounts, plus accrued interest and late fees due under the Note, and Defendant Zampogna failed to do so. A true and correct of copy of the Notice of Default is attached hereto, incorporated herein and marked as Exhibit "B". As a consequence of Defendant Zampogna's failure to cure this default, Defendant Zampogna is liable to Sovereign Bank in the total sum of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post- judgment per contract, plus costs of suit itemized as follows: Unpaid Principal Amount $ 161,632.88 Interest to September 30, 2009 $ 6,776.24 Late Fees $ 617.25 Contractual Attorney Fees (10.0%) $ 16,840.91 TOTAL $ 185,867.28 Per Diem Interest from October 1, 2009 until paid in full including post judgment per contract, plus costs of suit $ 47.14293 WHEREFORE, Plaintiff, Sovereign Bank, demands judgment against Defendant Zampogna in the total sum of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post judgment per contract, plus costs of suit as authorized by the Warrant appearing in the Zampogna Guaranty. Dated: September 30, 2009 By: Forrest" I'. Passerin, Esquire As Attorney for Defendants 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6358 I.D. No. 85897 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Vice President of SOVEREIGN BANK, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. SOVEREIGN DATED: f -0 O b Vice esavento BNblt_A Page 1 of 3 scgayso PROMISSORY NOTE Borrower: Gator Development, LLC Lender: Sovereign Bank 1520 Market Street Commercial Banking Division Camp Hill, PA 17011 235 N. 2nd Street Harrisburg, PA 17101 Principal Amount: $200,000.00 Date of Note: DD '( Jlo PROMISE TO PAY. Gator Development LLC ("Borrower") promises to pay to Sovereign Bank ("Lender-). or order. in lawful money of the United States of America, the principal amount of Two Hundred Thousand h 001100 Dollars ($200,000.00), together with Interest at the rate of 7.500% per annurn on the unpaid principal balance from ? Up , until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEI -T' section. PAYMENT. Borrower will pay this ban in accordance with the following payment schedule: The term of this Note shall not exceed five (5) years. Borrower will make six 16) monthly payments of accrued interest as of each payment due date. Borrower's Pint payment Is due one month from the data of this Note, with all subsequent payments to be due and payable on the same day of each month thereafter. Commencing seven (7) months from the date of this Note and continuing on the same day of each month thereafter, Borrower will make fifty-three (53) equal monthly payments of principal and interest based on ten (10) years amortization in the amount of $2,469.02. One final payment of all outstandkng principal, together with accrued unpaid interest, late fees and unpaid loan charges, 9 any, will be due and payable in full on f 21?_. 2011. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. 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, rnuftiplied 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. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is "tided to the following prepayment penalty: Prepayment Penalty in the amount of five 15%) percent the first year, four (4%) percent the second yew, three (3%) percent the third year, two 12%) percent the fourth year, and one 111%) percent the fifth year. This penalty applies to prepayment of principal in full or in part. Except for the foregoing, Borrower may pay 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 under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. 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: Sovereign Bank, P. O. Box 12707 Reading, PA 19612-2707. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $10.00, 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 3.000 percentage points. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Thad 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. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. 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 dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, 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, inckiding 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 http://columblgaop4/lq/lmagePrinter.aspx?P=1 &L=0&Scale=90 4/1/2009 Page 2 of 3 PROMISSORY NOTE (Continued) Page 2 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 thirty (301 days; or (2) if the cure requires more than thirty (301 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 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 law, 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 govemed 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. 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 also 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. 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. 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 tine) 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 Lander 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 410%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 185001 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. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 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: http://columblgaop4/lq/lmagePrinter.aspx?P=1 &L=0&Scale=90 4/1/2009 Page 3 of 3 PROMISSORY NOTE (Continued) LENDER: SOVEREIGN BANK Audmfted Signer Page 3 uWll nro Iwrw v.. a.a?.eo.aw M?. wrYna Hunt a+'wa re. lw). a00? Y qwm ? . - M cwOCUWAV oKwww .rc -R ma http://columblgaop4/lq/ImagePrinter.aspx?P=1 &L=0&Scale=90 4/l/2009 DISCL ?URE FOR CONFESSION OF IDGMENT Declarant: Gator Development, LLC Lender: Sovereign Bank 1520 Market Street Commercial Banking Division Camp Hill, PA 17011 235 N. 2nd Street Harrisburg. PA 17101 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS _ DAY OF Aurn 200-(0, A PROMISSORY NOTE FOR $200,000.00 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 1 T DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. THE UN IGNED 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 MITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: ?or 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: GA' -- ...... - ......a,.w.uo. cep. ftd? "..pow 304.M ft. nn. moa w wb11M.rM. •- O:WOCW/1U1101CgLL/L=0.R 71F171fD *Sovereign Banksm August 5, 2009 VIA REGULAR MAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Gator Development, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 401 Market Street Partners, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 Kevin M. Shook 3716 Falkstone Drive Mechanicsburg, Pennsylvania 17050 Peter J. Russo 4 Shoff Court Mechanicsburg, Pennsylvania 17055- R. Christopher Zampogna 5 Saratoga Place Camp Hill, Pennsylvania 17011 dcfifbk.___ Re: Indebtedness of Gator Development, LLC (the "Borrower"), to Sovereign Bank (the "Bank") as guarantied by, 401 Market Street Partners, LLC, Kevin M. Shook, Peter J. Russo and R. Christopher Zampogna (collectively, the "Guarantors") Dear Gentlemen: Responsibility for the loan arrangements between the Bank and the Borrower has been transferred. All communications from the Borrower and/or Guarantors to the Bank are to be addressed to James Pesavento, Vice President, PAl-HNS-03-01, 235 North Second Street, Harrisburg, PA 17101, until finther written notice from the Bank. All terms not otherwise defined herein shall have the meaning ascribed to such Forres T. Passerin, Esquire Sovereign Bank 20 536-COl One Aldwyn Center East Lancaster Avenue and Aldwyn Lane Viilanova PA 1"85-1420- Telephone: 610-526-6358 E-mail: Fpasseri SovereianBank co August 5, 2009 Page 2 of 3 terns in that certain Business Loan Agreement dated June 28, 2006, between the Borrower and the Bank (the "Loan Agreement"). Reference is made to the Promissory Note of the Borrower in the original principal amount of $200,000.00, dated June 28, 2006, and payable to the order of the Bank (the "Note"). The Bank is the holder of the Note. The Borrower is in default under the Note in that the Borrower has failed, among other things, to make timely principal and interest payments due on April 28, 2009, May 28, 2009, June, 28, 2009, and July 28, 2009 (collectively, the "Default'). This letter constitutes formal notice to the Borrower and Guarantors of the occurrence of the Default. Effective as of August 5, 2009, the Bank has elected to increase the rate of interest charged on the unpaid principal balance of the Note to the default rate of interest provided for in the Note, which is 10.5% per annum (the "Default Interest Rate"). The Borrower may continue to receive invoices for payments under the Note that do not reflect this change in interest rate. The failure of the Bank to forward invoices to the Borrower reflecting payments at the Default Interest Rate is in no event a waiver of the imposition by the Bank of the Default Interest Rate under the Note as of the date set forth herein. As a result of the Borrower's default, the Bank has elected to exercise its option to dectare the enfire unpaid-pru cipaT-baTance -of the Note and all accrued and ii pEd -interest-to be immediately due and payable. As of the date hereof, the unpaid, due and owing amount to the Bank under the Note is $166,388.65. Demand is hereby made for the immediate payment in full of all amounts which are due and which may become due under the Note. The balance due under the Note may increase or decrease as a result of the receipt of payments and the proceeds of collateral securing the Note and the accrual of interest, late charges, costs of collection and other fees, costs and expenses. Therefore, immediately prior to remitting payment, please contact James Pesavento at 717-221- 3886 to obtain final payoff amounts and remittance instructions. Nothing contained in this letter is intended as a waiver or release of any of the terms or provisions of the Note, Loan Agreement or of any and all other notes, instruments or agreements between the Bank and the Borrower and/or Guarantors (the "Loan Documents"), including, without limitation, the requirement that the Borrower and/or Guarantors pay on demand any amount so payable under the provisions of the instrument evidencing the same. The Bank reserves all rights and remedies available to it under the Loan Documents, and applicable law, all of which are expressly hereby reserved. No discussions between the Bank and the Borrower and/or Guarantors concerning this notification, other loan relationships between the Bank and the Borrower and/or Guarantors, or any other matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such discussions may be continuing. The acceptance of any partial payment of any of the obligations of the August 5, 2009 Page 3 of 3 Borrower and/or Guarantors to the Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any delay or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact my office. Very tr4/you^rs, t T. PASSERIN, ESQUIRE FT?/dm cc: James Pesavento, Vice President COMMERCIAL GUARANT ExMbk C Borrower: Gator Development, LLC 1520 Market Street Camp Hill, PA 17011 Guarantor: 401 Market Street Partners, LLC 1520 Market Street Camp Hill, PA 17011 Lender: Sovereign Bank Commercial Banking Division 235 N. 2nd Street Harrisburg, PA 17101 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" includes, without limitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements -or foreign eurreney exehange -agreements or commodity price protection agreements' other obligations, and liabilities of Borrower, and any present or future judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all the Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions In the amount of the Indebtedness, even to zero dollars (50.00), prior to Guarantor's written revocation of this Guaranty shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to tune: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower, (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. 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 COMMERCIAL GUARANTY (Continued) Page 2 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; ID) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Tax Returns. As soon as available, but in no event later than sixty (60) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by a certified public accountant satisfactory to Lender. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable-law, Guarantor waives any right to require Lender (A) to-continue-lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (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 law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements 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. COMMERCIAL GUARANTY (Continued) Page 3 Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby 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, except for revocation notices by Guarantor, 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. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the 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 Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. ERROR AND OMISSIONS. In consideration of the loan made by Sovereign Bank, (hereafter referred to as "Lender" to the undersigned, the undersigned does hereby represent the promise as follows: Upon request made by the Lender, its successors or assigns, the undersigned will execute such documents as are reasonable to provide assurance to Lender (1) that the obligations undertaken by the undersigned in connection with said loan will be faithfully performed; (2) that any and all documents and instruments signed by the undersigned in connection with said loan are accurate statements as to the truth of the matters set forth in them and constitute binding obligations upon the undersigned according to their tenor; or (3) as to the amount of said loan outstanding from time to time, and the date and amount of payments made in respect to said loan. Upon request made by the Lender, its successors or assigns, the undersigned will re-execute any document or instrument signed in connection with said loan or execute any document or instrument that ought to have been signed at or before closing of said loan, or which was incorrectly drafted and signed, to facilitate full execution of the appropriate documents. All such requests shall receive the full cooperation and compliance by the undersigned within seven (7) days of the making of the request set forth above. The failure of the undersigned to comply with their obligations hereunder shall constitute a default under the documents executed in connection with said loan and shall entitle Lender or its successors and assigns, to the remedies available for default under the documents executed by the undersigned. 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 Gator Development, LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. GAAP. The word "GAAP" means generally accepted accounting principles. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation 401 Market Street Partners, LLC, 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. COMMERCIAL GUARANTY (Continued) Lender. The word "Lender" means Sovereign Bank, its successors and assigns Page 4 Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8600) 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 ' EFFECTIVE THIS GUARANTY DURATION OF Gl)A RAN "(,(? FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY . IS DATED 0 W- -- 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: 401 M&RKET$TWWT PARMtRS, LLC Street PartnVs, LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA A )SS COUNTY of C&M ?Vt ) 11 , W. the cgs day of at&0 ,- 204060 , before me L l WJt 1"-- the undersigned Notary Public, personally appeared R. Christopher Zampogna, ana g Member of 401 Market Street Partners, LLC, who acknowledged himself or herself to be the member or designated agent of 401 Market Street Partners, LLC, a Limited Liability Company, and that he or she as such a member or designated agent, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Limited Liabilig Company by himself or herself as a member or designated agent. // J In witness whereof, 1 hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NoWN SW CM *ow L Pit Notary PdAc Nota blic in and for the State of HwrlpdonTNp.,gxt C= y W Umnisdm EVM SWL 3.2W7 Member. Pennsylvania Association of Notaries 1A110 PRO L-KnM Vw. 6.31.0.00{ OW. WNW RW4W tokfft , 3x. 11". 2001 N F600 ft-.d. - PA OMOCIMI SOWMUIUM FC MI-13330 M2 DISCL. VRE FOR CONFESSION OF IDGMENT Borrower: Gator Development, LLC 1520 Market Street Camp Hill, PA 17011 Declarant: 401 Market Street Partners, LLC 1520 Market Street Camp Hill, PA 17011 Lender: Sovereign Bank Commercial Banking Division 235 N. 2nd Street Harrisburg, PA 17101 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS _ DAY OF ?I ") r) e- , 20 Q(A A GUARANTY OF A PROMISSORY NOTE FOR $200,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, 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 GUARANTY, 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 P ION. INITIALS: 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 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 DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, 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. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: II5 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO 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: 401 MApKET SMa PAR'FNEI LLC By: op,er rsl aricet Street PWE"; V- 9.71 M.004 Cop. NNI&W Rnr"UkA" , VW. 1907. ME. N MOM 9,,,.,,E. . 1A i11-t COMMERCIAL GUARANI' Bc' Borrower: Gator Development, LLC Lender: Sovereign Bank, a Federal Savings Bank 1520 Market Street MAIL CODE 60-571-CM1 Camp Hill, PA 17011 235 N. 2nd Street Harrisburg, PA 17101 Guarantor: Peter J. Russo 4 Shoff Court Mechanicsburg, PA 17055 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" includes, without limitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of Borrower, and any present or future judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without limitation, "new Indebtedness" does not include all or part of the Indebtedness that is: incurred by Borrower prior to revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars ($0.00), shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. 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 COMMERCIAL GUARANTY (Continued) Page 2 and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year, Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor. Tax Returns. As soon as available, but in no event later than sixty (60) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by a certified public accountant satisfactory to Lender. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (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 law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements 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. COMMERCIAL GUARANTY (Continued) Page 3 Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. 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, except for revocation notices by Guarantor, 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. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the 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 Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Guarantor against the other. ERROR AND OMISSIONS. In consideration of the loan made by Sovereign Bank, (hereafter referred to as "Lender" to the undersigned, the undersigned does hereby represent the promise as follows: Upon request made by the Lender, its successors or assigns, the undersigned will execute such documents as are reasonable to provide assurance to Lender (1) that the obligations undertaken by the undersigned in connection with said loan will be faithfully performed; (2) that any and all documents and instruments signed by the undersigned in connection with said loan are accurate statements as to the truth of the matters set forth in them and constitute binding obligations upon the undersigned according to their tenor; or (3) as to the amount of said loan outstanding from time to time, and the date and amount of payments made in respect to said loan. Upon request made by the Lender, its successors or assigns, the undersigned will re-execute any document or instrument signed in connection with said loan or execute any document or instrument that ought to have been signed at or before closing of said loan, or which was incorrectly drafted and signed, to facilitate full execution of the appropriate documents. All such requests shall receive the full cooperation and compliance by the undersigned within seven (7) days of the making of the request set forth above. The failure of the undersigned to comply with their obligations hereunder shall constitute a default under the documents executed in connection with said loan and shall entitle Lender or its successors and assigns, to the remedies available for default under the documents executed by the undersigned. AMENDED AND RESTATED GUARANTY. THIS GUARANTY IS AN AMENDMENT AND RESTATEMENT OF THAT CERTAIN GUARANTY DATED JUNE 28, 2006 (THE "ORIGINAL GUARANTY), BY THE BORROWER IN FAVOR OF LENDER AND SHALL BE SECURED TO THE SAME EXTENT AND WITH THE SAME PRIORITY AS THE ORIGINAL GUARANTY. 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 Gator Development, LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. GAAP. The word "GAAP" means generally accepted accounting principles. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Peter J. Russo, and in each case, any signer's successors and assigns. COMMERCIAL GUARANTY (Continued) Page 4 Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means Sovereign Bank, a Federal Savings Bank, its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8500) 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 GUARA T?f N FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED (.v 77i- .0 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: (Seal) Peter J. Russo INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF T Lt.AA4 h 2 C i 4L v-, 09-- ) On this, the day of e.- , 20 b , before me U.1 M. 8eeZ.4.6 the undersigned Notary Public, personally appeared Peter J. Russo, known to me or sans actor proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Linda M. Beezub, Notary Public Hampden Twp., Cumberland County My Commission Expires OcL 21, 2009 Member, Pennsylvania Association of Notaries J a - lZel Notary Public in and for the State of ug? o LASE" MO 1"nMny. VW. L31LOOAO4 Cap. 11"N1W R-.M Sob* "% Y1". 1971 2OD7. N ly1", R-1-d. . M 0:WOWWLP001CFFM%13O,PC 711.141" M-2 DISCL ' 'WRE FOR CONFESSION OF 1DGMENT Borrower: Gator Development, LLC 1520 Market Street Camp Hill, PA 17011 Lender: Sovereign Bank, a Federal Savings Bank MAIL CODE 60-571-CM1 235 N. 2nd Street Harrisburg, PA 17101 Declarant: Peter J. Russo 4 Shoff Court Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS L4 DAY OF ZopQ' 20_Q_7 , A GUARANTY OF A PROMISSORY NOTE FOR $150,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS,- INCLUDING- ANY.. RIGHT TO--ADVANCE. NOTICE-OF-THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND-CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: e B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WANING 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. INITIALS: ca._ 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. --Ca- 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: (Seat) Peter J. Russo LASER MO Lmn %q, vw. 5.34.01004 Cep. HYlwd Fb dW S*j*me, be. 1Nl7, 2007. AN PJ" Neer . . PA O:%000UW ROW- LLftMM.FC 71-167 M2 COMMERCIAL GUARANT Ett?lt Borrower: Gator Development, LLC Lender: Sovereign Bank, a Federal Savings Bank 1520 Market Street MAIL CODE 60-571-CM1 Camp Hill, PA 17011 235 N. 2nd Street Harrisburg, PA 17101 Guarantor: R. Christopher Zampogna 5 Saratoga Place Camp Hill, PA 17011 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" includes, without limitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or-foreign currency- exchange agreements or- commodity price protection -agreements; -other obligatturis, -and liabilities of "Borrower, and any present or future judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term now Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without limitation, "new Indebtedness" does not include all or part of the Indebtedness that is: incurred by Borrower prior to revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars ($0.00), shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. 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 COMMERCIAL GUARANTY (Continued) Page 2 and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year, Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor. Tax Returns. As soon as available, but in no event later than sixty (60) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by a certified public accountant satisfactory to Lender. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct. GUARANTOR`S-WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (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 law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements 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. COMMERCIAL GUARANTY (Continued) Page 3 Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. 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.wilLnotbe_valid_or_enforced. -Therefore, a court -will -enforce-the -rest-of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by 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. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the 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 Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Guarantor against the other. ERROR AND OMISSIONS. In consideration of the loan made by Sovereign Bank, (hereafter referred to as "Lender" to the undersigned, the undersigned does hereby represent the promise as follows: Upon request made by the Lender, its successors or assigns, the undersigned will execute such documents as are reasonable to provide assurance to Lender (1) that the obligations undertaken by the undersigned in connection with said loan will be faithfully performed; (2) that any and all documents and instruments signed by the undersigned in connection with said loan are accurate statements as to the truth of the matters set forth in them and constitute binding obligations upon the undersigned according to their tenor; or (3) as to the amount of said loan outstanding from time to time, and the date and amount of payments made in respect to said loan. Upon request made by the Lender, its successors or assigns, the undersigned will re-execute any document or instrument signed in connection with said loan or execute any document or instrument that ought to have been signed at or before closing of said loan, or which was incorrectly drafted and signed, to facilitate full execution of the appropriate documents. All such requests shall receive the full cooperation and compliance by the undersigned within seven (7) days of the making of the request set forth above. The failure of the undersigned to comply with their obligations hereunder shall constitute a default under the documents executed in connection with said loan and shall entitle Lender or its successors and assigns, to the remedies available for default under the documents executed by the undersigned. AMENDED AND RESTATED GUARANTY. THIS GUARANTY IS AN AMENDMENT AND RESTATEMENT OF THAT CERTAIN GUARANTY DATED JUNE 28, 2006 (THE "ORIGINAL GUARANTY), BY THE BORROWER IN FAVOR OF LENDER AND SHALL BE SECURED TO THE SAME EXTENT AND WITH THE SAME PRIORITY AS THE ORIGINAL GUARANTY. 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 Gator Development, LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. GAAP. The word "GAAP" means generally accepted accounting principles. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation R. Christopher Zampogna, and in each case, any signer's successors and assigns. COMMERCIAL GUARANTY (Continued) Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Paue 4 Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means Sovereign Bank, a Federal Savings Bank, its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) 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- HAV€ f0_NOTtCE-OR TO A HEARING IN CONNECTION- WYTH-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 T ED "DURATION OF GUARAN NQ FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. T GU RANTY IS DATED-"-7C? f THIS GUA .fikANTY IS ( V UNDER SEAL,AD IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTR ACCORD TO LAW. INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA )SS COUNTY OF 6-cn ) On this, the day of JL , 20 01q before me tit.. A.'&e c4A , the undersigned Notary Public, personally appeared R. Christopher ampogna, known to me or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Linda M. Beezub, Notary Public Hampden UP.. Cumberiand County My Commission Expires Oct 21.2009 Member, Pennsylvania Association of Notaries otary Public in and for the State of /). !. 'C MER MO L.Anb V.. §,M.00=4 Cep. "M"w A-W 5.W9.n% Inc. 1997. 3007. N My"Y P... • ?A O:WOMPIP110111111]OR TWIS It Md I . . DISCL }URE FOR CONFESSION OF JDGMENT Borrower: Gator Development, LLC 1520 Market Street Camp Hill, PA 17011 Lender: Sovereign Bank, a Federal Savings Bank MAIL CODE 60-571-CM 1 235 N. 2nd Street Harrisburg, PA 17101 Declarant: R. Christopher Zampogna 5 Saratoga Place Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS Ly DAY OF (nQ - , 20_!2?E, A GUARANTY OF A PROMISSORY NOTE FOR $200,000.00 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 AVERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS,-1N --ANY--RIGHT TO ADVANCE _NOTICE_O? OF_-ENTRY_ OF-JUDGMENT, -AND- I EXPRESSLY AGREE- AND CONSENT TO S LENDER' ERIN JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: 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 HEARIN ER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLU14TARI WA ING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGME N A ANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: 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. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY L*-TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS 510,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THI D OF A S 1 T MENT ?ER SEAL AC CORDING TO IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE X L, ding. Vr. 630.00.00, Cep. HwY d ib-W SghaW, be. I997, 2007. N WO RNrW. - ?A G: 1C0dMLP1101CA1LK1070.FC 714167M M-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Plaintiff VS. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, CIVIL ACTION No. Defendants Confession of Judgment Commonwealth of Pennsylvania County of Delaware AFFIDAVIT OF NON-MILITARY SERVICE Before me, a Notary Public for Delaware County, Pennsylvania, personally appeared Forrest T. Passerin, Esquire, Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant Gator Development, LLC, is not in the military service of the United States of America, that he has personal knowledge that the said Defendant's last-known address is 1520 Market Street, Camp Hill, Pennsylvania 17011. Sworn and ubscribed before me this day of September, 2009 ary Public My Commission expires: 6F PENNSYLVANIA Notarial Seal Jennifer Devine, Notary Public RadnorTwp., DelawareCourriy My Corrardssion E> pha Feb. 18, 2011 Member, Pennsylvania Association of Notarleri As Attorney for Plaintiff 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 I.D. No. 85987 SOV IGN BA crest T. serin, Esquire, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Plaintiff VS. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, CIVIL ACTION No. Defendants Confession of Judgment Commonwealth of Pennsylvania County of Delaware AFFIDAVIT OF NON-MILITARY SERVICE Before me, a Notary Public for Delaware County, Pennsylvania, personally appeared Forrest T. Passerin, Esquire, Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant 401 Market Street Partners, LLC, is not in the military service of the United States of America, that he has personal knowledge that the said Defendant's last-known address is 1520 Market Street, Camp Hill, Pennsylvania 17011. Sworn andwbscnbed before me this day o , 200 otary Public My Commission expires: GN 4 4 Fo est T. was rin, Esquire, -As Attorney for Plaintiff 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 I.D. No. 85987 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Plaintiff vs. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, CIVIL ACTION No. Defendants Confession of Judgment Commonwealth of Pennsylvania County of Delaware AFFIDAVIT OF NON-MILITARY SERVICE Before me, a Notary Public for Delaware County, Pennsylvania, personally appeared Forrest T. Passerin, Esquire, Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant Peter J. Russo is not in the military service of the United States of America, that he has personal knowledge that the said Defendant's last-known address is 4 Shoff Court, Mechanicsburg, Pennsylvania 17055. Sworn andpubscribed before me this `J6 day of September, 2009 tary Public My Commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer Devine, Notary Public Radnor Twp., Delaware County My Commission Fires Feb. 16, 2011 Member, Pennsylvania AsSOCiation of Notaries q , As Attorney for Plaintiff 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 I.D. No. 85987 SOV IGN 4 F est T. Pas erin Es uire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Plaintiff vs. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, CIVIL ACTION No. Defendants Confession of Judgment Commonwealth of Pennsylvania County of Delaware AFFIDAVIT OF NON-MILITARY SERVICE Before me, a Notary Public for Delaware County, Pennsylvania, personally appeared Forrest T. Passerin, Esquire, Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant R. Christopher Zampogna is not in the military service of the United States of America, that he has personal knowledge that the said Defendant's last-known address is 5 Saratoga Place, Camp Hill, Pennsylvania 17011. Sworn anubscribed before me thisS? day of September, 20 a7------ ,Aotary ublic My Commission expires: SOV IG A rrest T. Passerin, Esquire, As Attorney for Plaintiff 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 I.D. No. 85987 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer Devine, Notary Public Radnor Twp., Delaware County My Commission Expires Feb. 16, 2011 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Vs. Plaintiff No. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants Confession of Judgment OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise mailing address of the Plaintiff is: Two Aldwyn Center East Lancaster Avenue and Aldwyn Lane Villanova PA 19085-1420 I hereby certify that the precise mailing address of the Defendant Gator Development, LLC, is: 1520 Market Street Camp Hill, Pennsylvania 17011 I hereby certify that the precise mailing address of the Defendant 401 Market Street Partners, LLC is: 1520 Market Street Camp Hill, Pennsylvania 17011 I hereby certify that the precise mailing address of the Defendant Peter J. Russo is: 4 Shoff Court Mechanicsburg, Pennsylvania 17055 I hereby certify that the precise mailing address of the Defendant R. Christopher Zampogna is: 5 Saratoga Place Camp Hill, Pennsylvania 17011 Dated: September 30, 2009 By: Forrest T. Passerin, Esquire As Attorney for Defendants 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6358 I.D. No. 85987 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Plaintiff VS. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, CIVIL ACTION No. Defendants Confession of Judgment Commonwealth of Pennsylvania County of /10 0'(n AFFIDAVIT OF DEFAULT AND BUSINESS TRANSACTION James Pesavento, being duly sworn according to law, deposes says he is Vice President for Sovereign Bank, Plaintiff, herein; that he is authorized to make this affidavit on plaintiff s behalf, that a true and correct copy of the note and guaranties containing the warrant of attorney upon which judgment is confessed are attached to the Complaint filed in this action as Exhibits "A", "C", "D" and "E" that the note and guaranties constitute business transactions between plaintiff and defendants; that judgment is not being confessed against individual persons in connection with a consumer credit transaction; and that Defendants are in default under the note and guaranties for the reasons set forth in the Complaint. Sworn and subscribed before me this Z?ay of 2009 Notary Public My Commission Expires J/c"?J a(r ,ao/o COMMONWEALTH OF PENNSYLVANIA Notarial Seal Debra A. Sunday, Notary Publ" City Of Harrisburg, Dauphin county My commission Expires June 26, 2010 Member, Pennsylvania Association of Notaries SOVEREIGN BAN By:-, esavento Vice Pres dent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BAND CIVIL ACTION Plaintiff VS. No. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, : PETER J. RUSSO, an adult individual, and : R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants Confession of Ju ent NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Gator Development, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 A judgment in the amount of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post-judgment per contract, plus costs of suit has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION TO STRIKE OR OPEN JUDGMENT THEREBY SEEKING RELIEF FROM THE JUDGMENT STATING ALL GROUNDS FOR RELIEF IN A SINGLE PETITION 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O.Box 186 Harrisburg, PA 17108 1-800-692-7375 Dated: September 30, 2009 By: orrest T. Passerin, Esquire As Attorney for Defendants 2 Aldwyn Lane, 20-536-ARO Villanova PA 19085-1420 Phone: 610-526-6358 I.D. No. 85987 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff VS. No. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, : PETER J. RUSSO, an adult individual, and : R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants Confession of Judement NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: 401 Market Street Partners, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 A judgment in the amount of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post-judgment per contract, plus costs of suit has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION TO STRIKE OR OPEN JUDGMENT THEREBY SEEKING RELIEF FROM THE JUDGMENT STATING ALL GROUNDS FOR RELIEF IN A SINGLE PETITION 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O.Box 186 Harrisburg, PA 17108 1-800-692-7375 Dated: September 30, 2009 By: Forrest T. PassKdn; Esquire As Attorney for Defendants 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6358 I.D. No. 85987 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff VS. No. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, : PETER J. RUSSO, an adult individual, and : R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants Confession of Judement NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Peter J. Russo 4 Shoff Court Mechanicsburg, Pennsylvania 17055 A judgment in the amount of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post-judgment per contract, plus costs of suit has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION TO STRIKE OR OPEN JUDGMENT THEREBY SEEKING RELIEF FROM THE JUDGMENT STATING ALL GROUNDS FOR RELIEF IN A SINGLE PETITION 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O.Box 186 Harrisburg, PA 17108 1-800-692-7375 Dated: September 30, 2009 By: Fo est T. Passerin, Esquire As Attorney for Defendants 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6358 I.D. No. 85987 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff VS. No. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, : PETER J. RUSSO, an adult individual, and : R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants Confession of Judgment NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: R. Christopher Zampogna 5 Saratoga Place Camp Hill, Pennsylvania 17011 A judgment in the amount of $185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post judgment per contract, plus costs of suit has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION TO STRIKE OR OPEN JUDGMENT THEREBY SEEKING RELIEF FROM THE JUDGMENT STATING ALL GROUNDS FOR RELIEF IN A SINGLE PETITION 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O.Box 186 Harrisburg, PA 17108 1-800-692-7375 Dated: September 30, 2009 By: Forrest T. Passerin, Esquire As Attorney for Defendants 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6358 I.D. No. 85987 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff vs. No. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, : PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants Confession of Judgment NOTICE OF FILING JUDGMENT ( ) Notice is hereby given that a judgment in the above-captioned matter has been entered against Gator Development, LLC, 401 Market Street Partners, LLC, Peter J. Russo and R. Christopher Zampogna in the amount of 185,867.28 plus per diem interest of $47.14293 from October 1, 2009, until paid in full, including post- judgment per contract, plus costs of suit on the day of , 2009. ( ) A copy of all documents filed with the Prothonotary in support of the within Judgment is/are enclosed. Prothonotary Civil Div. By: If you have any questions concerning the above case, please contact the following party: Forrest T. Passerin, Esquire (I.D. No. 85987) Attorney for the Plaintiff 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Telephone: 610-526-6358 Notice sent: (This Notice is given in accordance with Pa.R.C.P. 236.) Gator Development, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 401 Market Street Partners, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 Peter J. Russo 4 Shoff Court Mechanicsburg, Pennsylvania 17055 R. Christopher Zampogna 5 Saratoga Place Camp Hill, Pennsylvania 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff VS. No. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, : PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants Confession of Judgment SECTION 2737.1 NOTICE Pursuant to 42 Pa. C.S. § 2737.1, attached hereto are written instructions regarding the procedure to follow to strike the confessed judgment entered against you. Please be further advised that if you have been incorrectly identified and had a confession of judgment entered against you, under 42 Pa. C.S. § 2737.1 you are entitled to costs and reasonable attorney's fees as determined by the Court. // e - Dated: September 30, 2009 By: Forrest T.7asserin, Esquire As Attorney for Defendants 20-536-ARO 2 Aldwyn Lane Villanova PA 19085-1420 Phone: 610-526-6358 I.D. No. 85987 Pa. R.C.P No. 2959 PURDON'S PENNSYLVANIA STATUTES AND CONSOLIDATED STATUTES ANNOTATED PURDON' S PENNSYLVANIA CONSOLIDATED STATUTES ANNOTATED PENNSYLVANIA RULES OF CIVIL PROCEDURE CONFESSION OF JUDGMENT FOR MONEY. Current with amendments received through December 1, 2003. Rule 2959. Striking Off or Opening Judgment; Pleadings; Procedure (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided by subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If 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 all 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. OS M= OF Tf Tli OACPJEOTARY 2009 OCT 28 PM 2: 17 Pi {`N,SYLVA-IN A c? 78?s? s Sheriffs Office of Cumberland County R Thomas Kline Sheriff ® KjV cf umbrrtrfi? OFFICE (J-' TI- S ERIFF FILED -01-LCIE ..)F Tt-? ? tr!TL 0 OTARY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sovereign Bank vs. Gator Development, LLC 2009 NOV -4 AH 11.0! Ctr?pV"?. , '1? Y Case Number 2009-7443 SHERIFF'S RETURN OF SERVICE 10/29/2009 03:05 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 29, 2009 at 1505 hours, he served a true copy of the within Confession of Judgment and Complaint for Confession of Judgment, upon the within named defendant, to wit: Gator Development, LLC, by making known unto Jim Carchidi Jr., President at 1520 Market 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. 10/29/2009 03:05 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 29, 2009 at 1505 hours, he served a true copy of the within Confession of Judgment and Complaint for Confession of Judgment, upon the within named defendant, to wit: 401 Market Street Partners, LLC, by making known unto Jim Carchidi Jr., President at 1520 Market 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. 11/02/2009 03:07 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2009 at 1507 hours, he served a true copy of the within Confession of Judgment and Complaint in Confession of Judgment, upon the within named defendant, to wit: R. Christopher Zampogna, by making known unto Peter Russo, Attorney for defendant at 5006 East Trindle Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/02/2009 03:07 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2009 at 1507 hours, he served a true copy of the within Confession of Judgment and Complaint in Confession of Judgment, upon the within named defendant, to wit: Peter J. Russo, by making known unto himself personally, at 5006 East Trindle Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $100.00 November 03, 2009 SO ANSWERS R THOMAS KLINE, SHERI F BY De /tyy iff /?ty She i Acceptance of Service I accept the service of the Confession of Judgment and Complaint for Confession of Judgment (Docket # 2009-7443) (on behalf of R- Christopher Zampogna certify that I am authorized to do so.) 11?2t09 Date and Authorized Agent 5006E Trindle Road Mechanicsbura. PA 17055 Mailing Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Plaintiff CIVIL ACTION vs. GATOR DEVELOPMENT, LLC, . 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, . an adult individual, No. 09-7443 N c? ~-, s m:~ '° c ' - ~ ~ ~~ _ ~~' ~ ~ ~' ~~ - -- '~ ~ s~• ~ r ;. ~' ~ ,-=~; ~ ~; Defendants PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment enteredby confession in the above matter, (1) directed to the sheriff of CUMBERLAND County; ~(2) against 401 MARKET STREET PARTI~iERS LLC defendants; and (3) against. n/a ,garnishee; (4) and enter this writ in the judgment index (a) against 401 MARKETSTREET PARTNERS. LLC defendants and (b) against n/a . as garnishee, as a lis pendens against.real :property of the defendant in name ofgarnishee as follows: PROPERTY TO BE ATTACHED/LEVIED ON: PREMISES: 401 and -403 Market Street, NewCumberland PA 17070 (Specifically describe property) (~) AMOUiVT DUE ~ 161,63,$$ INTEREST from 10/1/2009 to 5/S/10 AT $47.1293 Per Diem ~ .10,229.38 TOTAI,* ~ 171,86,2:6 *Plus costs to be endorsed Certification I certify that ~a~.l. oo ~PQ ~ 1 Oo . oo C,SF a~.5o ~~ a.~ ,, ~ 15'x.00- PA Pt,~~ (a) This praecipe is based upon a judgment entered by confession, and ~a•~ ~~~ • 50 -.L (b) Notice has been served pursuant to Rule 2958.1 atleast thirty days prior~o the :filing of this praecipe as evidenced by a return ofservice d. :May S. 2010 Date Forrest T. Passerin, Esquire Attorney for Plaintiff C~` ~$48y3 ~~ a~QBd -~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY N0.09-7443 SOVEREIGN BANK v. Gator .Development, LLC, 401 Market Street Partners, LLC, Peter J. Russo, an adult individual, and R. Christopher Zampogna, an adult individual Praecipe for Writ of Execution Upon a Confessed Judgment AMOUNT DUE S 161,632.88 INTER~T from 10/1/2009 to S/S/10 AT $47.14,293 Per Diem S 10,229.8 TOTAL* $ 171,86.26 *Plus costs to be endorsed Fbrre~t T. Pas~i~t, Esquire ~ Aldwyn Lane,20-X36-CM3 Villanova PA 19085-1420 Phone: 610-526-Ei358 I.D. No. 85897 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff vs. No. 09-7443 c _ °- ~ - GATOR DEVELOPMENT, LLC, ~ 401 MARKET STREET PARTNERS, LLC : n-~ ~~ c ~ ~~ , PETER J. RUSSO, an adult individual, and s;: ~ ~ R. CHRISTOPHER ZAMPOGNA, r ~ r`' ~ C`' an adult individual, - ' `- ~' Defendants ~'e o ~`~` N AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 Forrest T. Passerin, Esquire, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 401 and 403 Market Street, New Cumberland PA 17070 1. Name and address of owners(s) or reputed owner(s) 401 Market Street Partners, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 2. Name and address of defendants in the judgment: Gator Development, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 401 Market Street Partners, LLC 1 S20 Market Street Camp Hill, Pennsylvania 17011 Peter J. Russo 4 Shoff Court Mechanicsburg, Pennsylvania 17055 R. Christopher Zampogna 5 Saratoga Place Camp Hill, Pennsylvania 17011 3. Name and address of every other person of whom plaintiffhas knowledge who has any interest in the property which maybe affected by the sale: PA Department of Public Welfare PO Box 2675 Harrisburg, PA 17105 Bureau of Compliance Clearance Support Section/ ATTN: Sheriffs Sales Dept. 281230 Harrisburg, PA 17129-1230 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 PA. Department of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128-1100 Domestic Relations 13 N. Hanover St. P.O. Box 320 Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Sq. Old Courthouse Carlisle, PA 17013 Tenant/Occupant 401 Market Street New Cumberland PA 17070 Tenant/Occupant 403 Market Street New Cumberland PA 17070 Peter Russo, Esquire 2006 East Trindle Rd Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 .S. Sectio 904 relating to unsworn falsification to authorities. .- Forr st T. Pas n squire Attorney for Defendants Dated: May 5, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff vs. No. 09-7443 ~ ~ GATOR DEVELOPMENT, LLC, ~ ~ 401 MARKET STREET PARTNERS, LLC,: ~ _- ~ ~ PETER J. RUSSO, an adult individual, and z,-- ~ _~~ N .,o ~, R. CHRISTOPHER ZAMPOGNA, `c ~ c~: an adult individual ~ ~ ~ , Defendants ~ ~ c`3 N ~+.:~ ~C AFFIDAVIT OF LAST I{NOWN ADDRESS OF DEFENDANTS Upon information and belief, Defendant's last known addresses are as follows: Gator Development, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 401 Market Street Partners, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 Peter J. Russo 4 Shoff Court Mechanicsburg, Pennsylvania 17035 R. Christopher Zampogna 5 Saratoga Place Camp Hill, Pennsylvania 17011 Forrest T. Pa~seri ,Esquire 2 Aldwyn Lane,20-X36-CM3 Villanova PA 19085-1420 Phone: 610-526-6358 I.D. No. 85897 Dated: May 5, 2010 ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff "' ~ vs. No. 09-7443 ~ m ' ° c ~ ~ ~ ~ ~ ~ r- GATOR DEVELOPMENT LLC t U, r- ~ -ri m ~ 401 MARKET STREET PARTNERS, LLC,: ~ ei ~ ~'' ~_'''~ PETER J. RUSSO an adult individual and ~~} "' ~ ~~ ~~ ern R. CHRISTOPHER ZAMPOGNA, -~"c` c> ~~ an adult individual, ~ w o Defendants ~;; --c CERTIFICATE TO THE SHERIFF I hereby certify that I am the attorney of record for the plaintiff in this action again real property and further certify that this property is: FHA -Tenant Occupied or Vacant XX Commercial As a result of a Complaint in Assumpsit XX That the plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Act including, but not limited to: (a) Service of the Notice on the Defendants (b) Expiration of the 30 days since Service of the Notice (c) Defendants' failure to request or appear at meeting with mortgagee or Consumer Credit Counseling Agency (d) Defendants' Failure to file application with the Homeowners Emergency Assistance Program I further agree to indemnify and hold harmless the Sheriff for any false tement given herein. , `. orrest T. Pass `n, Esquire Attorney for Plaintiff SHERIFF OF CUMBERLAND COUNTY SOVEREIGN BANK CIVIL ACTION Plaintiff vs. No. 09-7443 GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants ~ u y ~ ~ h,, ~ ~ ~ ' ~ ~' ~ - ~ ~ cam' >,_, ~ sy ~ ~~; ~~ CERTIFICATE TO SHERIFF _. ~~ aZ ~? ;~~m ~ [v I HEREBY CERTIFY THAT: ~"'' I. The judgment entered in the within captioned matter is based on an action: A. In Assumpsit (Contract) B. In Trespass (Personal Injury/A~cident) C. In Mortgage Foreclosure D. On a Note accompanying a Purchase Money Mortgage and the property exposed to sale is the mortgaged property. XX E. Confessed Judgment II. The Defendant own the A. B. C. D. E. XX F. III. The Defendant is: property exposed to sale as: An individual Tenant by Entireties Joint tenants with right of survivorship A partnership Tenants in Common A corporation XX A. Resident[s] of Pennsylvania B. Resident[s] of another state or country C. Of the multiple defendants some are residents of Pennsylvania and some are residents of another state or country. The Pennsylvania residents are: This Certification must be signed by plaintiff's attorney of record where an has been entered. Otherwise, if must be signed by Plaintiffjs]. r Dated: May 5.2010 By: orrest T. Pass in, ire 2 Aldwyn Lane,20-536-CM3 Villanova PA 19085-1420 Phone: 610-52fi-6358 I.D. No. 85897 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff ~ 4 vs. No. 09-7443 ~ ~, m GATOR DEVELOPMENT LLC ~ ~ -`~=° c ~ ~~ . , , 401 MARKET STREET PARTNERS, LLC,: ~' ~ ~" ~ ~' PETER J. RUSSO an adult individual and ~ - R. CHRISTOPHER ZAMPOGNA, a ~ an adult individual, z °• Defendants ~ w NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 401 and 403 Market Street, New Cumberland PA 17070 will be sold by the Sheriff of Cumberland County on Date of Sale: September 8, 2010 Time of Sale: 10:00am Place of Sale: Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 This sale is being held on a Confession of Judgment filed under Docket No. 09-7443, in the Court of Common Pleas of Cumberland County by Sovereign Bank, Plaintiff against Gator Development, LLC, 401 Market Street Partners, LLC, Peter J. Russo, an adult individual, and R. Christopher Zampogna, an adult individual, Defendants. Judgment was entered on October 28, 2009 in the amount of $185,867.28. The property was seized and taken in execution as the property of 401 MARKET STREET PARTNERS, LLC The property to be sold at Sheriff s Sale is described as follows: ALL THAT CERTAIN portion of land located in the Borough of Frew Cumberland, Cumberland County, Pennsylvania. BEING KNOWN AS 401 and 403 Market Street, New Cumberland PA 17070 A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 09-7443. You should check with the Sheriff's Office by calling 717-240-6390 to determine the actual date of the filing of the schedule. No fiuther notice of the filing of the Schedule of Distribution will be given. ATTORNEY FOR PLAINTIFF: Forrest T. Passerin, Esquire Attorney I.D. #. 85897 , 2 Aldwyn Lane, 20-536-CM3, PA 19085, Phone# 610-520-6952 Ronny R. Anderson Sheriff of Cumberl.and~County Villanova, A ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff . vs. No. 09-7443 n Q o GATOR DEVELOPMENT, LLC, ~~? '~ c 401 MARKET STREET PARTNERS, LLC,: °°^« ~ ~ ~- - x ~ PETER J. RUSSO, an adult individual, and `r:"~= ~" R. CHRISTOPHER ZAMPOGNA, r-~ C ~ ~_. 3 an adult individual, ~ ~ ~ Defendants ~ . _ THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: 401 Market Street Partners, LLC 1520.Market Street Camp Hill, Pennsylvania 17011 •Gator Development, LLC 1'520 Market Street Camp Hill, Pennsylvania 17011 Peter J. Russo 4 Shoff Court Mechanicsburg, Pennsylvania 1705"5 R. Christopher.,Zampogna 3'"Saratoga Place Camp Hill, Pennsylvania 17411 Your house and/or real estate at 401 and 403 Market Street, blew Cumberland PA 17070 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at 10:00 a.m. at Curnberiand :County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of 5171,862.26 obtained by Sovereign. Bank against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S. SALE To prevent this Sheriffs Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to Sovereign $ank the back payments, -late charges, costs and reasonable attorney's fees due. To Find out how much you. must pay, you may ca11610-520-6925 2. You maybe able to stop the-sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale hough other .legal proceetiz~gs. n ~~ ~~ ~j ~~~~, You may contact an attorney to assert your rights. The sooner. you contact one, the more:chance youwill have ofstopping thesale. (See notice on page two on how to obtain an attorney) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffls Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling 610=520-6925 2. You may be-able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale. will go through only if the buyer pays the Sheriff the full amount due in the sale. To find. out if this has happened, you may call 610=520-6925. 4. If the-amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if thesale never happened. 5. You .have a right to remain in the property until the full amount due i5 paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled ~to a share. of the money which was paid for your house. A schedule of distribution of the money bid. for }roar house will be-filed by the'Sherii~ on a date to be announced by the Sheriffi This schedule will state who will be receiving that money. The money will be<paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7. -You may .also .have othea~ rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHQIJLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU"DO NOT HAVE A LAWYER OR CAN~tOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE 1'OU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-910$ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff . ~. No. 09-7443 GATOR DEVELOPMENT, LLC, . 401 MARKET STREET.PARTNERS, LLC,: -PETER J. RUS~SO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants Writ Of Etcecu#on (Confession of Judgment) TO THE SHERIFF OF CHESTER COUNTY To .satisfy the judgment, interest and costs in the above matter ~t X01 AlZI~ET STREET PARTNERS, LLC you are directe$ to tevyu~on and sell the following described property: 401 and:403 iViarket Street, New Cumberland PA 17070 AMOLIIdT DUE ~ ~711162~26 Y1~I"II~ESfi ~mn'S/6/10 to - ~-- ~g1e T)srtP fiuYSd7 1d~OZ p~'r~i..., c COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y N0.09-7443 SOVEREIGN BANK v. Gat+orD~velopment, LLC, 401. Market Street Par#uers, I.LC, Peter J. Russo, au adult i~viduaT, and R Christopher Zamp~gna, sn adalt uidi~iduaT Writ of Execution. Upon a Confessed judgment :AMOUNT D~I7E ~ 171,~+6a~26 INTT 1'x+nm ~/b/10 to Sale Date X547.14293 Per Diem S TOTAL* "S 171,826 *Plus cflsts to be endorsed IN THE .COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff ~• No. 09-7443 GATOR DEVELOPMENT, LLC, . 401 1~~IARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants LEGAL DESCRIPTION ALL THAT~CERTAIN lot or tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and describer) in accordance with a survey by Ivlichael C. D'An~gelo, Registered Surveyor, dated October 22, 1 2176, as follows, to wit: - BEGINNING at a point at the Northeast corner of iVarket Street and Fourth Sheet, said point:being thepoint ofintersecti9n ofthe external walls of buildings Nos. 401 and 403; thence along the Eastern line of Iviarket Street, North'S0 degrees 00 minutes West fifty CSO) feet to a:nail, being the Southwest corner of I,ot No. 73; thence along the same-Noah 40 degrees 00 minutes~st one hundred five (1.05) feet io an iron pin; thence alonglands now orfonmei~ly of Gage E. Pentx and through Lot i~o. 72, South 50 degt~es 00 minutes East'fifly ~t to .an :imn pin on the i~torthern line of Fourth S:t~eet; and on the extension line of the Southern external: wall of buildings. hTos. 401 and 403; thence along - said last.mentioned line South 40 degrees 00 minutes West one hundred five (105) feet to the place of beginning. BEING the greater part of Lot ado. 72 on the. General Plan of Borough ofNew Cumberland, Pennsylvania. .HAVING.thereon erected a two-story brick building known as and numbered-40i-40.5 Market Street.. ~ .t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7443 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From 401 MARKET STREET PARTNERS, LLC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/slie has been added as a garnishee and is enjoined as above stated. Amount Due $171,862.26 L.L. $.50 Interest from 10/1/09 to 5/5/l0 at $47.14293 per diem -- $10,229.38 Atty's Comm % Due Prothy $2.00 Atty Paid $154.00 Plaintiff Paid Other Costs Date: 6/2/10 (Seal) vid D. Buell, Pr thonotary By: Deputy REQUESTING PARTY: Name: FORREST T. PASSERIN, ESQUIRE Address: 2 ALDWYN LANE, 20-536-CM3 VILLANOVA, PA 19085-1420 Attorney for: PLAINTIFF Telephone: 610-526-6358 Supreme Court ID No. 85897 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, ) Plaintiff ) v. ) GATOR DEVELOPMENT, LLC, ) 401 MARKET STREET PARTNERS, LLC, ) PETER J. RUSSO, an adult individual, and ) R. CHRISTOPHER ZAMPOGNA, ) an adult individual ) Defendants ) PRAECIPE FOR SUBSTITUTION OF APPEARANCE Case No. 09-7443 Confession of Judgment Please ENTER our appearance on behalf of Plaintiff, Sovereign Bank. ~a n ~ ; r-- __ _' ~" ~/, ~: ~ _._ .o -- ..:3 T ~ _" .6 LESAVOXi BLITZ & SEITZ LLC Dated: July Z°~ , 2010 Jack tz, A rnev o.3 Z ch J. Co n, Esquire Attorney No. 1119 One Windsor Plaza 7535 Windsor Dr., Suite 200 Allentown, PA 18195-1034 Phone: (610) 530-2700 Fax: (610)530-2727 E-mail: jseitz@lesavoybutz.com Please WITHDRAW my appearance on behalf of 'ff F~arrest T. Passerin, Esquire 1~tty. No. 85897 Sovereign Bank 2 Aldwyn Lane Mail Code: 20-536-ARO Villanova, PA 19085 of SOVEREIGN BAN T' IN THE COURT OF COMMON PLEAS OF ` CUMBERLAND COUNTY, PENNSYLVANIAN n Qc1 o R&C& 13 P/"1 ;.:411 r Plaintiff V. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual Defendants Case No. 09-744$ Confession of Judgment CERTIFICATION OF SERVICE REGARDING NOTICES OF SHERIFF'S SALE OF DEAL ESTATE 1. I hereby certify that on July 30, 2010, I served notices of the sheriff's sale scheduled for September 8, 2010, on the following persons, by prepaid first class mail: Gator Development, LLC 1520 Market Street Camp Hill, PA 17011 401 Market Street Partners, LLC 1520 Market Street Camp Hill, PA 17011 Mr. R. Christopher Zampogna 5 Saratoga Place Camp Hill, PA 17011 Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire 4 Shoff Court Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau 1 Courthouse Square' Old Courthouse Carlisle, PA 17013 Attorney General of the United States c/o Assistant Attorney General Tax Division U. S. Department of Justice P. O. Box 227 Washington, DC 20044 Domestic Relations 13 North Hanover Street P. O. Box 320 Carlisle, PA 17013 Bureau of Compliance Clearance Support Section Attention: Sheriff's Sales Department 281230 Harrisburg, PA 17129-1230 PA Department of Revenue Inheritance Tax Bureau Pennsylvania Dept. of Public Welfare Strawberry Square P. O. Box 2675 11th Floor Harrisburg, PA 17105 Harrisburg, PA 17128-1100 2. True and correct copies of the notices described in the preceding paragraph are attached as Exhibit A. True and correct copies of Certificates of Mailing for each notice are attached as Exhibit B. An example of the Legal Description of the Real Estate to be Sold attached to each of the notices is attached as Exhibit C. LESAVOY BUTZ & SEITZ LLC Date: August /1 '2010 Jack M. Seitz Attorney One W' so 7535 in or I All t , PA (610) 530-2700 Suite 200 95-1034 Attorneys for Plaintiff EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, ) Plaintiff ) V. ) GATOR DEVELOPMENT, LLC, ) 401 MARKET STREET PARTNERS, LLC, ) PETER J. RUSSO, an adult individual, and ) R. CHRISTOPHER ZAMPOGNA, ) an adult individual ) Defendants ) Case No. 09-7443 Confession of Judgment NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: GATOR DEVELOPMENT, LLC 1520 MARKET STREET CAMP HILL, PA 17011 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriff s Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-0813-046. Improvements consist of a two story commercial building with a restaurant/bar on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiff s favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, ) Plaintiff } } V. ) GATOR DEVELOPMENT, LLC, ) 401 MARKET STREET PARTNERS, LLC, ) PETER J. RUSSO, an adult individual, and ) R. CHRISTOPHER ZAMPOGNA, ) an adult individual ) Defendants ) Case No. 09-7443 Confession of Judgment NOTICE OF SHERIFF'S SALE OF DEAL ESTATE' TO: 401 MARKET STREET PARTNERS, LLC 1520 MARKET STREET CAMP HILL, PA 17011 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriff s Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-0813-046. Improvements consist of a two story commercial building with a restaurant/bar on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiffs favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, ) Plaintiff ) V. ) GATOR DEVELOPMENT, LLC, ) 401 MARKET STREET PARTNERS, LLC, ) PETER J. RUSSO, sin adult individual, and ) R. CHRISTOPHER ZAMPOGNA, ) an adult individual ) Defendants ) Case No. 09-7443 Confession of Judgment NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: DOMESTIC RELATIONS 13 N. HANOVER ST. P.O. BOX 320 CARLISLE, PA 17013 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriff s Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-0813-046. Improvements consist of a two story commercial building with a restaurantibar on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiffs favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, ) Plaintiff } V. ) GATOR DEVELOPMENT, LLC, ) 401 MARKET STREET PARTNERS, LLC, ) PETER J. RUSSO, an adult individual, and ) R. CHRISTOPHER ZAMPOGNA, ) an adult individual ) Defendants ) Case No. 09-7443 Confession of Judgment NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: PA. DEPARTMENT OF REVENUE INHERITANCE TAX BUREAU STRAWBERRY SQUARE, 11TH FLOOR HARRISBURG, PA 17128-1100 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriff s Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-0813-046. Improvements consist of a two story commercial building with a restaurant/bar on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiff s favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (3I0) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, ) Plaintiff ) } V. ) GATOR DEVELOPMENT, LLC, ) 401 MARKET STREET PARTNERS, LLC, ) PETER J. RUSSO, an adult individual, and ) R. CHRISTOPHER ZAMPOGNA, ) an adult individual ) Defendants ) Case No. 09-7443 Confession of Judgment NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: ATTORNEY GENERAL OF THE UNITED STATES C/O ASSISTANT ATTORNEY GENERAL, TAX DIVISION U.S. DEPARTMENT OF JUSTICE POST OFFICE BOX 227 WASHINGTON, DC 20044 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the'highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriffs Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-0813-046. Improvements consist of a two story commercial building with a restaurant/bar on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiff s favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff V. Case No. 09-7443 Confession of Judgment GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE, TO: BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION ATTN: SHERIFF'S SALES DEPT. 281230 HARRISBURG, PA 17129-1230 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to thehighest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriff s Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-0813-046. Improvements consist of a two story commercial building with a restaurant/bar on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiff s favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule, of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff V. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual Defendants Case No. 09-7443 Confession of Judgment NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: PA DEPARTMENT OF PUBLIC WELFARE P. O. BOX 2675 HARRISBURG, PA 17105 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriffs Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-0813-046. Improvements consist of a two story commercial building with a restaurantibar on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiff s favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff V. Case No. 09-7443 Confession of Judgment GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTAT TO: PETER J. RUSSO, ESQ. PETER J. RUSSO, ESQ. 4 SHOFF COURT LAW OFFICES OF PETER J. RUSSO, P.C. MECHANICSBURG, PA 17055 5006 EAST TRINDLE ROAD SUITE 100 MECHANICSBURG, PA 17050 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriff s Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-0813-046. Improvements consist of a two story commercial building with a restaurant/bar on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiffs favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (310) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff V. Case No. 09-7443 Confession of Judgment GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTAT TO: PETER J. RUSSO, ESQ. PETER J. RUSSO, ESQ. 4 SHOFF COURT LAW OFFICES OF PEUR J. RUSSO, P.C. MECHANICSBURG, PA 17055 5006 EAST TRINDLE (ROAD SUITE 100 MECHANICSBURG, PA 17050 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriff s Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-081$-046. Improvements consist of a two story commercial building with a restaurantlbAr on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiff s favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff V. Case No. 09-7443 Confession of Judgment GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE OLD COURTHOUSE CARLISLE, PA 17013 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriffs Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-0813-046. Improvements consist of a two story commercial building with a restaurant/bar on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiff s favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff V. Case No. 09-7443 Confession of Judgment GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE' TO: R. CHRISTOPHER ZAMPOGNA 5 SARATOGA PLACE CAMP HILL, PA 17011 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on September 8, 2010, at 10:00 a.m., a Sheriff s Sale of 401 and 403 Market Street, New Cumberland, Cumberland County, PA, designated Tax Parcel No. 25-24-0813-046. Improvements consist of a two story commercial building with a restaurantibar on the first floor and two apartments on the second floor. This sale is to be held in connection with a judgment in Plaintiffs favor against Defendants in the above matter. 401 Market Street Partners, LLC, was the owner of the real estate to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED LEGAL DESCRIPTION EXHIBIT 13 fi Aa - , ,150 02 I 0 O j 2010 0004442751 MAILED ?RtaM "l_ c;0 181 95 o w k4l r ?n °4 co ? cf LA - w?mzzo_- o z _. W 3 V, ?- j r ? 8 C?l ti a LL N a fa, uJ • -J N _ Jr? ?! w aG Cy'6 r%7-0 0 3 z- 4uJ t0r.- ' Fes " 1M' y 9£ wes 00 150 02 1 lt)t 3001x0 a 81 000 A2T*?1 ZiP --,DF 1 MA`s?EC, I` JN J F" 1 _ ? c°n 501 ?. W ? r' a otS u? 4 0 033' ?y0 t u- 5 0 r :..S 0 Y O M1 I a i ? I N Cl. N d low 150 Q1 , C17 1P $ 30 2010 G02 5 sl .. y8t95 .r^ n , ti J N ? - W CY 6 a' a L YO? 3 3 Z= k y >WSJ ?0P r- N ? a r N a a k r w'P?TNEY BOWES 02 IP $ 001. 150 0004442751 jUl_ 30 2010 MAILED D FROM ZIP CODE 1 8195 J N O d NJ F• L1 ~ O Igy (/? d 0 ? Z ? W N a = Z.= a 003= o n?ZZ0 r ? 33z AJ ? .= NZMJ= : 1-C - 4 1 I I !a L E LL rn F Z. a 5????c PITNEY BOWES 02 1P $ 00°1.150 0004442751 JUL 30 2010 MAILED FROM ZIP CODE 18195 61 ?0- S M? N O J J LLJ u= N ^• CO W d 06 0. < • W O N CA Z-= Z Z00 yf03§ vaiZr"n-._ 4?0LO i 3 ? ZZ +;,.' '? P?THEY BOWES 2 , $ 001.150 0611N4441275' '10 2010 MAILED FROM t iP CODE 1 d 195 cn M ? N O JN W ? W i, I ry l/) ce ' ?. N , d Q Q- WN?ad= N Z_ ~m0 0 3- w >-Zz0 ?033z= Lf) Z M J QLL, OrQ= NN E I I I 0 HH u 961,9 L 3Q0r diZ WOdj 0311bW OIOZ 0£ inf' I, -avbbO00 OWWO Samoa AaNlid A c: Mwwr,Aw=wr' , 5 Ff ?-°?'? I _I M U J NO O J W - N H L f F- 5 W N 00 = ~ to Q..., W ?OOCL ?m0o3= Z M _ V t!/ W 4?i0 u1 U?- a U I y y 0 0 M r- 2 U) Q. 0 a 0 9 9 w) z to a g Q. Q. ti - - PITNEY BOWES 02 IP $ 001.150 00044427:51 .J UL 30 2019 MAILED FROM ZIP CODE 18195 f ..-. _ W - o o Nr ~ LA o _ W N co N ? CC r-= _ ca (L M Z < LA to In Ln Z= o _ W mpp3- N cn >- Z Z O $ X 0 F- W Q = W an ,Y.? V N Z M J? - llz? QLU OL m L H LL d LL H Z Ey„ PITNEY BOWES $001.150 ^0 J_. 44-2 J i .i 'J:_. 30 2010 NSt+i D ?RuM ?,ODE 18195 V V N O - J J - F- L? W N ap N W O' -a ap - w N cif m a N?OOZ_ C-u co V)i) >- zzp 1: 0 Oj3w le V N Z M -J- ;c;" a FF- IL :TSf£Y BOWES 031.150 >K4a - ;0DE 18'19>; a C , I d $ O d V O M o N O ? J Lo H L N o, Z) z a W N 0 N clf -? dap ? B C o W G' m ? Ln iV) p p co W cnOZZO! 3 3 W € < N Z M _j I 4 J0Ln a 1-H Cif d clj 9 z a Q M 9 a EXHIBIT C LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael C. D'Angelo, Registered Surveyor, dated October 22, 1976, as follows, to wit: BEGINNING at a point at the Northeast corner of Market Street and Fourth Street, said point being the point of intersection of the external walls of buildings Nos. 401 and 403; thence along the Eastern line of Market Street, North 50 degrees 00 minutes West fifty (50) feet to a nail, being the Southwest corner of Lot No. 73; thence along the same North 40 degrees 00 minutes East one hundred five (105) feet to an iron pin; thence along lands now or formerly of George E. Pentz and through Lot No. 72, South 50 degrees 00 minutes East fifty (50) feet to an iron pin on the Northern line of Fourth Street; and on the extension line of the Southern external wall of buildings Nos. 401 and 403; thence along said last mentioned line South 40 degrees 00 minutes West one hundred five (105) feet to the place of beginning. BEING the greater part of Lot No. 72 on the General Plan of Borough of New Cumberland, Pennsylvania. HAVING thereon erected a two-story brick building known as and numbered 401-403 Market Street. BEING the same premises which Fern L. Wilson, a single person, by deed dated June 28, 2006, and recorded on July 5, 2006 in Deed Book 275, Page 2267, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, granted and conveyed unto 4101 Market Street Partners, LLC. PARCEL ID NUMBER: 25-24-0813-046. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff V. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual Defendants PRAECIPE Case No. 09-7443 Confession of Judgment Please mark Plaintiff's judgment to the use of PBE Companies, LLC PBE Companies, LLC c/o James Pesavento, VP 235 North Second Street Mail Code: PAI-HNS-03-01 Harrisburg, PA 17101 C ?? ?.1. w Q C. co -i c.n N LESAVOY BUTZ & SEITZ LLC sq J?ztc >oy tz, . Atto026 Butz z & Seitz LLC One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA IS 195 (610) 530-2700 Attorneys for Sovereign Bank *$.bb P D p7TY ?, a47Q38 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor f. Sovereign Bank Case Number vs. 2009-7443 Gator Development, LLC (et al.) SHERIFF'S RETURN OF SERVICE 06/30/2010 02:01 PM - Stephen Bender„ Deputy Sheriff, who being duly sworn according to law, states that on 6/3011( at 1400 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gator Development, LLC, 401 Market Street Partners, LLC, R. Christopher Zampogna, Peter J. Russo, located at, 401 and 403 Market Street, New Cumberland, Cumberland County, Pennsylvania according to law. 06/30/2010 01:40 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1( at 1340 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: 401 Market Street Partners, LLC, by making known unto, James Carchidi, Partner in Gatpr Develpment LLC, at, 1520 Market Street, Camp Hill, PA 17011, Cumberland County; Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of 'the same. 09/0912010 Ronny R. Anderson, Sheriff; who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 .o Attorney Jeffrey L. Goodman on behalf of PBE Companies, c/o Christopher M. Tonkovich, of, 619 Alexander Road, Princeton, New Jersey, 08540, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ SHERIFF COST: $912.13 SO ANSWERS, November 08, 2010 RON W R ANDERSON, SHERIFF 2,60 rd. e-o? 6z) tt Po IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA p f ? s SOVEREIGN BANK CIVIL ACTION Plaintiff VS. : No. 09-7443 GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult: individual, Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 Forrest T. Passerin, Esquire, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 401 and 403 Market Street, New Cumberland PA 17070 1. Name and address of owners(s) or reputed owner(s) 401 Market Street Partners, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 2.. Name and address of defendants in the judgment: Gator Development, LLC 1.520 Market Street Camp Hill, Pennsylvania 17011 401 Market Street Partners, LLC 1520 Market Street Camp Hill, Pennsylvania 17011 Peter J. Russo 4 Shoff Court Mechanicsburg, Pennsylvania 17055 R. Christopher-Zampoa 5 Saratoga Place Camp Hill, Pennsylvania 17011 3. Name and address of every other person of whom plaintiff has knowledbe who has any interest in the property which may be affected by the sale: PA Department of Public Welfare PO Box 2675 :Harrisburg, PA 17105 Bureau of Compliance Clearance Support Section/ ATTN: Sheriffs Sales :Dept. 281230 Harrisburg, PA 171:29-1230 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20041 PA. Department of Revenue Inheritance Tax Bureau Strawberry Square, l lth Floor Harrisburg, PA 17128-1100 Domestic Relations 13 N. Hanover St. P.O. Box 320 Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Sq. Old Courthouse Carlisle, PA 17013 Tenant/Occupant 401 Market Street New Cumberland PA 17070 Tenant/Occupant 403 Market Street New Cumberland PA 17070 Peter Russo, Esquire 2006 East Trindle Rd Carlisle, PA 1701 I verify that the statements made in- this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 1$ P .S. Sectio 904 :relating to unsworn falsification to authorities. Forr st T. Pas n squire Attorney .for Defendants Dated: May 5, 2010 S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff VS. No. 09-7443 GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER'. J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: 401, Market Street Partners, LLC Bator Development,' LLC 1520,Market Street 17520 Market Street Camp Hill, Pennsylvania 17011 Camp Hill, Pennsylvania 17011 Peter J. Russo R. Christopher-Zampogna 4 Shoff Court 5''Saratoga Place Mechanicsburg, Pennsylvania 17055 Camp Hill, Pennsylvania 17011 Your house and/or real estate at 401 and 403 Market Street, blew Cumberland.PA 17070 is scheduled to be sold at Sheriff's Sale on September 8, 2010 at 10:00 am. at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $171,862.26 obtained by Sovereign Bank against you., NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this. Sheriffs Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to Sovereign Bank the back payments, -late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 610-52.0-6925 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may .also be able to stop the sale through other .legal proceedings. You may contact an attorney to assert your rights. The-sooner you contact one, the more. chance you will have ofttopping the sale. (See notice on page two on how to obtain an attorney) YOU N4AY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling 610-520-6925 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find -out if this has happened, you may call 610.520-6925. 4. If the amount due from the buyer, is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. ' you ;have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives .a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be :entitled to a share of the money which was paid for your house..A schedule of distribution of the money bid for your house will be-filed by the'Sherif on a date to .be' announced by the Sheriff. This schedule will state who will be receiving that money. The money will be =paid out in accordance with this schedule unless exceptions (reasons why the proposed,distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted: 7. You may-also ,have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A T.AW'4'ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK' CIVIL ACTION Plaintiff Vs. No. 09-7443 GATOR DEVELOPMENT, LLC, 401 :MAR ET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult -indiv*dual, and, R. CHRISTOPHER ZAMPOGNA, an adult,individual, Def 4ants Writ Of Execution. (Confession of Judgment) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK. CIVIL ACTION Plaintiff VS. No. 09-7443 GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC,: PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAM:POGNA, an adult individual, Defendants LEGAL DESCRIPTION ALL THAT-CERTAIN lot or tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael C. D'Angelo, Registered Surveyor, dated October 22, 1870, as follows, to wit: BEGINNING at a pd'int at the Northeast corner of Market Street and Fourth Street, said point being thepoint of intersection of the external walls of buildings Nos. 401 and 403, thence along the Eastern line of Market Street, North 50 degrees 00 minutes West fifty (SO) feet to a.na, being the Southwest corner of Lot No. 73; thence along the same North 40 degrees 00 minutes East one hundred five (105) feet to an iron pin; thence along.lands now or formerly of George E. Pentz and through Lot No. 72, South'50 degrees 00 minutes East fifty (50) fed to ..an iron pin on the Northern line of Fourth Stmet; and on the extension line of the Southern external wall of buildings Nos. 401` and 403; thence along said last mentioned line South40 degrees 00 minutes West one hundred five (145) feet to the place ofbeginning. ` BEING the greaterpart Hof Lot No. 72 on the. General Plan of Borough ofNew Cumberland, Pennsylvania. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7443 Civil COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From 401 MARKET STREET PARTNERS, LLC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $171,862.26 L.L. $.50 Interest from 10/1/09 to 5/5/10 at $47.14293 per diem -- $10,229.38 Atty's Comm % Due Prothy $2.00 Atty Paid $154.00 Other Costs Plaintiff Paid Date: 6/2/10 David D. Buell, Prothonotary (Seal) By; Deputy REQUESTING PARTY: Name: FORREST T. PASSERIN, ESQUIRE Address: 2 ALDWYN LANE, 20-536-CM3 VILLANOVA, PA 19085-1420 Attorney for: PLAINTIFF Telephone:' 610-526-6358 Supreme Court ID No. 85897 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 401 and 403 Market Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein: Date: June 14, 2010 By; Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 7'L2'Cisa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 30 day of July, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My commission Expires Apr 28, 2014 Writ No, 2009-7443 Civil Sovereign Bank vs. Gator Detretopment, LLG 401 Ma.ket:3tree, Partners, LLC R. Christopher Zamgogna Peter Russo At-u Jeh? ev L. Goodman AIL THAT CERTA?N jot or tract of land situate in. the Borough of New Cumberland; Cturnherl_and County, Pennsylvania: more particularly bounded and descnbed. in actor. dance rith a survev b: Michael C. D'Angelo, Registered Surveyor, dated October 22, 1876, as follows, to wit: BEGINNING at a. point at t-he Northeast corner of Market Street and Fourth Street, said point being the point of intersection of the exter- nal walls of buildings Nos. 401 and 403; thence along the Eastern line of Market Street, North 50 degrees 00 minutes Wes-- fi tt- '501 feet to a nail, being tit.- Southv-,Test cornea of Lot Nro. 73; thence alcr_4 the same North 10 clegrees 00 urinates East one, hundred 5 e (1.04) fee_ tv er iron pin; thence along lands now or forrnerIv of George E. Pentz and -hrough Lot - No. 72, South 50 deg; e e s 0G ininutcs Fast ffty (50) feet to on iron pin on the Northern ;i„e of Fourth Street; and -on -he e,-.tension line of the Southern external call of buildings Nos. 401 and 403; thence along said last mentioned tine South 40 degrees 00 minute, West one hundred five (105;. feet to the place of beginning. BEING the g -ea-°er part of Lot No. 72 on the General Pla11 of Borough of New Cumberland; Jeinnsylva_nia- HAVING thereon erected- a two- story brig-:k building kno,vn as and numbered 40"x--403 'Market Street. MAP NUNIBl,,R: 25-24-0813-046. TITLE TO SAID PREMISES IS VESTED IN 103. i Market Street Part- rers, L ,c . b Deed frorr. Fern L. William, a Ingle person, dated 6/28; 2006 and reconler 7' 1- %'006 in Rec- ord Book 275 Par _ V The Patriot-News Co. 020 Technology Pkwy Suite 3400 Mechanicsburg, PA 17050 Inquiries - 717-255.8213 the Patroot1w.News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personalknowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPT( w This ad ran on the date(s) shown below. 07/09/10 Sworn to ubscribed be ore me hi 51iyAugust, 2010 A.D. Notary Public COM .0NVyEgLTI? YCVANIA Notarial Seal Sherds L. Kisner LLower Paxton TWA . Da tarY Public P9y Commlalres®vrn County A7er?oer. Pennsylvania Ass-' oC on 26, 2011 of Notaries 07/16/10 07/23/10 ;Nrlt No. 2009-74,* Civil Ierrr Sovereign Bank `sus Gatos Development, LLC 401 Market Street Partners, LLC R. Christopher Zampogna Peter J. Russo ,4tty: Jeffrey L. Goodman -,ILL THAT CE-RTAP; lot or tract of f ind situate' in the Borough of New Cun berland Cdtnb? land outrty°.Pennsy]v?utie.nmreptuticolarh?bounded find dc?,ci*ed in ac,?oidaaca Kith a cagey h-, Michael C. T! angck R istercd SrcveYOr_ iaai October' 15 ? E. as folh?ws, to skit: !s_,GLNNIN(i at a poini at the Northeast 0)1 U; Nlrtket Street and Fourth Street, said point :ing the point A intersection of the eternal AN of building No,. 40! and 403; thence on ? rha Eastern line of Market Street.North 50 ens 00 mijautes W _s: fitiv (50; ieci in r; nail, ??inetheSouthrvestee nee ofL,;tNo.7?,thence one the same North 40 dices(K)rninnles Easl ne hundred five (105) feetia an icon pin. then, !on, lands now or fonnerh of George E Penh. id through Lot No. 71 South 50 drere,,e 0: mutes East hlt. "50) feet to an iron r.e rm '.nr Northern line of Fourth Street, di u r , ih? uension line of the soutn'm exte nal mall nI ).uldings Nos. 401 and 40": thence along <ai, st mentioned line Scndh 40 de2reeh (10 niinutes eet om hundred *.ive (1115) feet to the nl;w' o:_ L.t\G the greater pn of Lot No °' on rite eneral Plan of Boion;7 of Nrebv Cumberland: etuisvlwania. AV1% th,rco, reettl a Mo-story bncl. tildm€? known rrs and numberert -I;11-403 h rkct Street. 11AP NUMBER 2i-24-0813-046 , ITLE TO SAID PRFMJS S IS VES FLD IN Ui Market Suec. Partner,. LLC.bv D oed from crr.L.William isinglcper;ondated6'_'8I2006 nd recorded h 2(W. iu Re eOTd Book 215 Parr .'(7 - - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which PBE Companies LLC is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 2nd day of June,.A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term; 09 Number 7443, at the suit of Sovereign _Bank against Gator Dev LLC 401 Market St Partners LLC. Peter J Russo & R Christopher Zampogna is duly recorded as Instrument Number 20.1032591. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this I day of A.D. kO ( D RwVft of Comm EV?es t M ` COW pA MN SOVEREIGN BANK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA e +,-+[ V+u i I I ri --- v. CIVIL ACTION - LAW r= ce c%? ro qJ? GUIDO GROUP, LLC, et al NO. 2009-7443 CIVIL TERM Defendant 71 EMERGENCY MOTION FOR PROTECTIVE ORDER AND NOW comes R. Christopher Zampogna and requests this Honorable Court for a Protective Order pursuant to Pa. R.C.P. 4011 and 4012, based upon the following: 1. The moving party, R. Christopher Zampogna, is one of the Defendants in this matter. 2. The responding party is the Plaintiff, Sovereign Bank. 3. Plaintiff's counsel, Jack M. Seitz has scheduled the deposition of R. Christopher Zampogna without prior notice to Mr. Zampogna. 4. Attorney Seitz intends to depose R. Christopher Zampogna on February 28, 2011. 5. Attorney Seitz has advised R. Christopher Zampogna, of his intention to depose him through a Notice of Deposition and Subpoena. Attached as Exhibit A. 6. Attorney Seitz has also asked for a substantial amount of information which R. Christopher Zampogna was required to bring with him to the deposition. See Attached Exhibit A. 7. R. Christopher Zampogna has been unemployed since December 31, 2009 and has been actively seeking employment. 8. Recently, R. Christopher Zampogna was accepted into and is currently a cadet in the Municipal Police Academy. 9. A cadet's day at the Municipal Police Academy beings at 6:45 or 7:45 am and is scheduled to end at 4:30 pm but frequently runs later than that. 10. Cadets are not free to take time away from the Municipal Police Academy and R. Christopher Zampogna is concerned that attending the deposition may jeopardize his place in the cadet class. 11. Additionally, because of his attendance at the Municipal Police Academy, R. Christopher Zampogna has not had sufficient time to collect the various documents that Attorney Seitz has requested. 12. R. Christopher Zampogna anticipates that his graduation from the Municipal Police Academy will be on or about June 3, 2011. 13. R. Christopher Zampogna has requested that Attorney Seitz re- schedule his deposition to a time after graduation from the Municipal Police Academy but Attorney Seitz has denied that request. 14. Attorney Seitz's deposition of R. Christopher Zampogna will cause unreasonable annoyance, embarrassment, oppression, burden, or expense him. 15. The Defendant believes the proposed deposition will have a substantial detriment to R. Christopher Zampogna's standing in the Municipal Police Academy and will cause unnecessary and undue detriment to his only occupational opportunity in several years. 16. If Defendant is compelled to attend the scheduled deposition, it is likely that the parties will be back in court because Defendant has not had sufficient time to gather all the documents that Attorney Seitz has requested. 17. Defendant would request that the deposition be re-scheduled for a date no earlier than 45 days after Defendant's graduation from the Municipal Police Academy. 18. There will be no prejudice to the Plaintiff if the relief requested is granted. 19. There have been no prior orders in this matter. 20. Plaintiff does not concur in Motion or the relief being requested. WHEREFORE, Defendant respectfully requests that this Court grant his petition for protective order and direct Plaintiff to re-schedule his deposition for a date no earlier than 45 days after Defendant's graduation from the Municipal Police Academy. 12/ / Date: ' GO f I, R. Christopher Zampogna, hereby certify that I am on this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below: Email & US Regular Mail addressed as follows: jseitz@lesavoybutz.com Jack M. Seitz, Esquire Lesavoy Butz & Seitz LLC 7535 Windsor Drive, Suite 200 Allentown, PA 18195-1034 2 Date: 23 EXHIBIT A SOVEREIGN BANK, PLAINTIFF V. GATOR DEVELOPMENT, LLC 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO AND R. CHRISTOPHER ZAMPOGNA, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA m r? CD C. NO. 09-7443 CIVIL ORDER OF COURT AND NOW, this 24th day of February, 2011, upon R. Christopher Zampogna's Pro Se Emergency Motion for Protective Order, IT IS HEREBY ORDERED AND DIRECTED that the Motion is granted in part and denied in part. The Deposition of R. Christopher Zampogna scheduled for February 28, 2011, is hereby cancelled. However, the Defendant shall make himself available for Deposition during a weekend to be scheduled by the parties on or after April 1, 2011. The parties are directed to advise this Court of the date of the scheduled deposition on or before March 18, 2011. By the Court, ?Jack M. Seitz, Esquire Attorney for Plaintiff --< Christopher Zampogna, Pro Se Defendant b t es rn.?.? Cam, ?.?oZY?IJ Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 j goldberg@ssbc-law. com PA ID #46782 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff v. 0-7#93 NO. `I9-41466 - rn M cy)? tom- Z K: C-7 Cz wF _a C- r?- N N C? `T, CIVIL TERM GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, Confession of Judgment and R. CHRISTOPHER ZAMPOGNA, an adult individual, Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: C-0 co Please enter the appearance of the undersigned as counsel for Defendant R. Christopher Zampogna. Date: /,? Respectfkllly submitted, rn? -Orr-,, c -+G - C-?, Jo oldbe , Esquire Attorney ID No 718-2 2080 Lingle n Road, Suite 106 Harrisburg, A 17110 (717)703-3600 Attorney for R. Christopher Zampogna CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on theat/ day of 12011,1 served a copy of the foregoing Entry of Apperances, by first-class ail, postage prepaid, upon the following: Jack M. Seitz, Esquire, Lesavoy Butz & Seitz, LLC One Windsor Plaza 7535 Windsor Drive Suite 200 Allentown, PA 18195 Attorney for Respondents Sovereign Bank and PBE Companies, LLC Gator Development, LLC c/o Peter J. Russo 5006 East Trindle Road Mechanicsburg, PA 17050 Respondent 401 Market Street Partners, LLC c/o Peter J. Russo 5006 East Trindle Road Mechanicsburg, PA 17050 Respondent Peter J. Russo 5006 East Trindle Road Mechanicsburg, PA 17050 Respondent Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 j go ldberg@ssbc-law. com PA ID #46782 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff NO. 10-1408 V. GATOR DEVELOPMENT LLC 401 CIVIL TERM a _ 1. , , MARKET STREET PARTNERS, LLC -- 1 i , PETER J. RUSSO, an adult individual, Confession of Jud ment ;C::o f and R. CHRISTOPHER ZAMPOGNA g , an adult individual, N E, c: Defendants ... .- NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Petition of R. Christopher Zampogna to Have Judgment Marked Satisfied, Released and Discharged and For Rule to Show Cause, within twenty (20) days from service hereof or a judgment may be entered against you. Josef K. erg u'* re Atto ey for Petiti Christoph ampogna Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 j goldberg@ssbc-1 aw. com PA ID #46782 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, SOVEREIGN BANK, Plaintiff NO. 10-1408 V. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual, CIVIL TERM f7 0 `": PENVP r-? -t1 --A I9-n ao r- -am <) ?o Confession of Judgment Defendants PETITION OF R. CHRISTOPHER ZAMPOGNA TO HAVE JUDGMENT MARKED SATISFIED, RELEASED AND DISCHARGED AND FOR RULE TO SHOW CAUSE NOW COMES Defendant, R. Christopher Zampogna, by and through his attorney, Joseph K. Goldberg, who Petitions the court pursuant to 42 Pa. C.S. § 8103(d) to direct the Prothonotary to mark the judgment against him entered in this case satisfied, released and discharged, and in support thereof avers as follows: PARTIES The Petitioner is R. Christopher Zampogna, a Defendant in the above- captioned case, against whom judgment was entered. 2. Respondent Sovereign Bank was the Plaintiff in the above-captioned case, who obtained the judgement against Petitioner. 3. Respondent PBE Companies, LLC, is the assignee of the judgment obtained by Sovereign Bank against Petitioner. FACTUAL AVERMENTS 4. On October 28, 2009, Respondent Sovereign Bank entered judgment by confession in this case against Petitioner and his co-defendants, in the amount of $185,867.28, plus per diem interest at the rate of $47.14293 from October 1, 2009, and costs of suit. 5. The confessed judgment was authorized by the terms of a commercial loan transaction between the parties, as set forth in the Complaint for Confession of Judgment and Exhibits attached to the Complaint. 6. As security for the loan, Defendants gave a mortgage to Respondent Sovereign Bank on real property they owned, located at 401 and 403 Market Street, New Cumberland, Cumberland County, Pennsylvania. The mortgage is recorded with the Cumberland County Recorder of Deeds in Book 1957, Page 810. The property is identified as Tax Parcel No. 25-24-0813-046. 7. To satisfy the judgment against Defendants, Respondent Sovereign Bank obtained a Writ of Execution for a Sheriff's Sale of the aforesaid real property. 8. Prior to the Sheriff conducting the Sale, Sovereign Bank filed a Praecipe in this case assigning the judgment "for the use of Respondent PBE Companies, LLC. 9. The Sheriff's Sale was conducted on September 8, 2010. 10. Respondent PBE Companies, LLC, was the successful bidder and took title to the real property. 11. The bid price was not sufficient to satisfy the amount of the judgment, interest and costs. 2 12. More than six (6) months have passed since the aforesaid sale of the real property. 13. No Respondent, nor any other person, has filed a petition to fix the fair market value of the real property. 14. Pursuant to 42 Pa. C.S. § 5522, the time for filing a petition to fix the fair market value of the real property has expired. 15. Pursuant to 42 Pa. C.S. § 8103(d), Petitioner is entitled to the entry of an Order by the court directing the Prothonotary to mark the judgment in this case satisfied, released and discharged as to Petitioner. 16. The Honorable M.L. Ebert, Jr., has previously entered an Order in this case. WHEREFORE, Petitioner prays that this court issue a Rule upon Respondents to show cause, if any they have, why the court should not grant his Petition, and for the entry of a final Order directing the Prothonotary to mark the judgement in this case satisfied, released and discharged as to Petitioner. Respectfully submitted ib"gh K. Gold rg, Esquire orney ID N 6782 2080 Lingle OF Road, Suite 106 Harrisburg, 7110 (717)703-3600 Date: Attorney for Petitioner 3 VERIFICATION I, R. Christopher Zampogna, hereby state that I have reviewed the foregoing Petition of R. Christopher Zampogna to Have Judgment Marked Satisfied, Released and Discharged, and verify that the facts set forth in the document are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 7 Z ? C Dated: CERTIFICATE OF SERVICE 'l I, the undersigned, hereby certify that on the LAay of J4 , 2011, I served a copy of the foregoing Petition of R. Christopher Zampogn o Have Judgment Marked Satisfied, Released and Discharged, by first-class mail, postage prepaid, upon the following: Jack M. Seitz, Esquire, Lesavoy Butz & Seitz, LLC One Windsor Plaza 7535 Windsor Drive Suite 200 Allentown, PA 18195 Attorney for Respondents Sovereign Bank and PBE Companies, LLC Gator Development, LLC c/o Peter J. Russo 5006 East Trindle Road Mechanicsburg, PA 17050 Respondent 401 Market Street Partners, LLC c/o Peter J. Russo 5006 East Trindle Road Mechanicsburg, PA 17050 Respondent Peter J. Russo 5006 East Trindle Road Mechanicsburg, PA 17050 Respondent IN THE COURT OF COMMON PLEAS OF rnQ0 'WM CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff V. GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, PETER J. RUSSO, an adult individual, and R. CHRISTOPHER ZAMPOGNA, an adult individual Defendants <o vn Case No. 09-7443 5;= Confession of Judgmeni PRAECIPE TO SATISFY JUDGMENT AS TO R. CHRISTOPHER ZAMPOGNA c C) c s -t-: a C:)? z c3 s - CO , ., Please satisfy Plaintiff's judgment against Defendant, R. Christopher Zampogna, without prejudice to Plaintiff's claims or judgments against any other party in this matter. This satisfaction is limited to the within judgment and does not have any effect on other judgments Plaintiff may have against some or all of the named Defendants. Dated: August 3 , 2011 LESAVOY BUT & SEITZ LLC J itz, Esqu re Att No. 370 One Win sor aza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Plaintiff OL%1 '%$°"Pa abd C Lj?'Sot 3 C49W'a3 r Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg @ssbc-law.com PA ID#46782 -------------------------------------- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, ty Plaintiff/Respondent , --' NO. 09-7443 `T`;_ V. : cry tv T CIVIL TERM GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, CD, and R. CHRISTOPHER ZAMPOGNA, Confession of Judgment N an adult individual, Defendants/Petitioners V. PBE COMPANIES, LLC, Additional Respondent PETITION TO HAVE JUDGMENT MARKED SATISFIED, RELEASED AND DISCHARGED AS TO ALL DEFENDANTS AND FOR RULE TO SHOW CAUSE NOW COME Defendants, Gator Development, LLC and 401 Market Street Partners, LLC, by and through their attorney, Joseph K. Goldberg, who Petition the court pursuant to 42 Pa. C.S. § 8103(d) to direct the Prothonotary to mark the judgment against them entered in this case satisfied, released and discharged, and in support thereof aver as follows: PARTIES 1. Petitioners are Gator Development, LLC and 401 Market Street Partners, LLC, Pennsylvania limited liability companies and Defendants in the above-captioned case, against whom judgment was entered. 2. Respondent Sovereign Bank was the Plaintiff in the above-captioned case, who obtained the judgement against Petitioner. 3. Respondent PBE Companies, LLC, is the assignee of the judgment obtained by Sovereign Bank against Petitioners. FACTUAL AVERMENTS 4. On October 28, 2009, Respondent Sovereign Bank entered judgment by confession in this case against Petitioners and Defendants, in the amount of $185,867.28, plus per diem interest at the rate of $47.14293 from October 1, 2009, and costs of suit.' 5. The confessed judgment was authorized by the terms of a commercial loan transaction between the parties, as set forth in the Complaint for Confession of Judgment and Exhibits attached to the Complaint. 6. As security for the loan, Defendants gave a mortgage to Respondent Sovereign Bank on real property they owned, located at 401 and 403 Market Street, New Cumberland, Cumberland County, Pennsylvania. The mortgage is recorded with the Cumberland County Recorder of Deeds in Book 1957, Page 810. The property is 'Judgment was also entered against Peter J. Russo as a guarantor, but that judgment was included in a bankruptcy proceeding filed by Mr.Russo and, upon information and belief, is no longer enforceable against him. 2 identified as Tax Parcel No. 25-24-0813-046. 7. To satisfy the judgment against Defendants, Respondent Sovereign Bank obtained a Writ of Execution for a Sheriff's Sale of the aforesaid real property. 8. Prior to the Sheriff conducting the Sale, Sovereign Bank filed a Praecipe in this case assigning the judgment "for the use of Respondent PBE Companies, LLC. 9. The Sheriff's Sale was conducted on September 8, 2010. 10. Respondent PBE Companies, LLC, was the successful bidder and took title to the real property. 11. The bid price was not sufficient to satisfy the amount of the judgment, interest and costs. 12. More than six (6) months have passed since the aforesaid sale of the real property. 13. No Respondent, nor any other person, has filed a petition to fix the fair market value of the real property. 14. Pursuant to 42 Pa. C.S. § 5522, the time for filing a petition to fix the fair market value of the real property has expired. 15. Pursuant to 42 Pa. C.S. § 8103(d), Petitioners are entitled to the entry of an Order by the court directing the Prothonotary to mark the judgment in this case satisfied, released and discharged as to all Petitioners and Defendants. 16. The Honorable M.L. Ebert, Jr., has previously entered an Order in this case. WHEREFORE, Petitioners pray that this court issue a Rule upon Respondents to show cause, if any they have, why the court should not grant this Petition, and for the 3 entry of a final Order directing the Prothonotary to mark the judgement in this case satisfied, released and discharged as to Petitioners and Defendants. Respectfully submitted, Goldber , Esquire ttorney ID No. 46782 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717)703-3600 Date: Attorney for Petitioners l'�3�-3 4 VERIFICATION I, R. Christopher Zampogna, personally and on behalf of all other Respondents, hereby state that I have reviewed the foregoing Petition and verify that the facts set forth in the document are true and correct to the best of my personal knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: 3 f 3 RISTO ZAMPOGNA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the 93 day of , 2013, 1 served a copy of the foregoing, by first-class mail, postage prepaid, upon the following: Zachary J. Cohen, Esquire Jack M. Seitz, Esquire, Lesavoy Butz & Seitz, LLC One Windsor Plaza 7535 Windsor Drive Suite 200 Allentown, PA 18195 Attorneys for Sovereign Bank, PBE Companies, LLC and PNL New Era, LLC o dberg, sq re E J SOVEREIGN BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT CUMBERLAND COUNTY, PENNSYLVANIA V. t GATOR DEVELOPMENT, LLC, --+ ro �� 401 MARKET STREET PARTNERS, flrl- . LLC, AND R. CHRISTOPHER cnr" 1 c ZAMPOGNA, AN ADULT INDIVIDUAL < per. DEFENDANTS/PETITIONERS �. ' CD; E V. � PBE COMPANIES, LLC ADDITIONAL RESPONDENT NO. 09-7443 CIVIL ORDER OF COURT AND NOW, this 301h day of April, 2013, upon consideration of the Petition to Have Judgment Marked Satisfied, Released and Discharged as to All Defendants, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Respondents to show cause why the Petitioners are not entitled to the relief requested; 2. The Respondents shall file an Answer to the Petition within 30 days of this date; 3. The Petition shall be decided under PA.R.C.P. NO. 206.7; 4. Depositions, if any, shall be completed within 45 days of this date; 5. Argument/hearing on the matter shall be held on Friday, June 28, 2013, at 1:45 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania; p t 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. By the Court, M. L. Ebert, Jr., �_Zoseph Goldberg, Esquire 2080 Linglestown Road Harrisburg, PA 17110 Ja k Seitz, Esquire e Windsor Plaza `3 7535 Windsor Drive Suite 200 ,4k Allentown, PA 18195 05 bas Joseph K. Goldberg, Esquire P R�j f �ayt r��}j I 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 � JUN� j I¢ i (717) 703-3600 '+ 3 jgoldberg @ssbc-law.com CUMBERLAND COUNTY PA ID#46782 -------- PENNSYLVANIA ------------------------------ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA' SOVEREIGN BANK, Plaintiff/Respondent NO. Gq-7443 V. : CIVIL TERM GATOR DEVELOPMENT, LLC, 401 MARKET STREET PARTNERS, LLC, and R. CHRISTOPHER ZAMPOGNA, Confession of Judgment an adult individual, Defendants/Petitioners V. PBE COMPANIES, LLC, Additional Respondent MOTION TO MAKE RULE ABSOLUTE AND NOW COME Petitioners, by and through their attorney, Joseph K. Goldberg, who move this court to make absolute the Rule issued in this case in the April 30, 2013, Order of Court, as follows: 1. On April 23, 2013, Petitioners filed a Petition to Have Judgment Marked Satisfied, Released and Discharged as to all Defendants and For Rule to Show Cause. 2. On April 30, 2013, the Honorable M. L. Ebert, Jr., issued an Order of Court, which included a Rule issued upon Respondents to show cause why the requested relief should not be granted. 3. The Rule required Respondents to file an Answer to the Petition within thirty (30) days of the date of the Order. 4. Respondents have failed to file an answer to the Petition. 5. The parties are engaged in litigation in two companion cases - 09-7474 and 09-7481, in which Petitioners filed three Petitions on the same day as the one which is the subject of this. Motion, and for which the court also issued Show Cause Orders returnable the same day. Respondents have filed Answers to those three Petitions. 6. After the thirty day response period had expired, Counsel for Petitioners contacted counsel for Respondents to inquire whether they intentionally failed to file an Answer to the Petition at issue herein. Counsel received no response to the inquiry. 7. In the absence of an Answer, Petitioners are entitled to the relief sought, which is to have the judgment entered against them in this case marked Satisfied, Released and Discharged. WHEREFORE, Petitioners respectfully request this court grant their Motion and direct the. Prothonotary to mark the judgment in this matter"Satisfied, Released and Discharged as to all Defendants." Respectfully submitted, os db rg, squire A me y ID No. 67 2 80 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717)703-3600 Date: ��-��_ Attorney for Petitioners 2 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the/3 day of V , 2013, 1 served a copy of the foregoing Motion to Make Rule Absolute, by first-class mail, postage prepaid, upon the following: Zachary J. Cohen, Esquire Jack M. Seitz, Esquire, Lesavoy Butz & Seitz, LLC One Windsor Plaza 7535 Windsor Drive Suite 200 Allentown, PA 18195 Attorneys for Respondents J ep . oldb rg, squire