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HomeMy WebLinkAbout10-2089 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, successor in interest to CommunityBanks, Plaintiff V. HAMPTON CONSTRUCTION MANAGEMENT, LIMITED, Defendant :DOCKET NO. 10 o?089 term CONFESSION OF JUDGMENT .? PREVIOUSLY ASSIGNED TO: N CONFESSION OF JUDGMENT r"X cz rn ch s n c? Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: a. b. C. d. e. f. Date: March(, 2010 $159,493.51 $ 21,001.83 $ 3,028.44 $ 85.00 $ 20.00 $ 18,049.53 $201,678.31, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC By: Oeo ey,A. Sh ff, Esquire S reme Co ID #24848 00 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff &I 11581 I:'1 d39yq(o Principal Interest to March 9, 2010 Late Charges Satisfaction Fees Quote Fee Attorneys' Fees TOTAL: N',? 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, : DOCKET NO. ?d successor in interest to CommunityBanks, G v, Plaintiff CONFESSION OF JUDGMENT V. HAMPTON CONSTRUCTION MANAGEMENT, LIMITED, ; Defendant PREVIOUSLY ASSIGNED TO: N/A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The Plaintiff, Susquehanna Bank, successor in interest to CommunityBanks, is a Pennsylvania financial institution with an office located at 100 Sterling Parkway, Suite 100, Mechanicsburg, PA 17050 ("Plaintiff'). 2. The Defendant, Hampton Construction Management, Limited, is a Pennsylvania corporation with a last known address of 3607 Hartzdale Drive, Camp Hill, PA 17011 ("Defendant"). 3. The Defendant executed and delivered to the Plaintiff a Promissory Note dated April 23, 2007 (the "Note") for a loan ("Loan") in the original principal amount of Two Hundred Fifty Thousand Dollars ($250,000), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. The Defendant executed and delivered to the Plaintiff a Disclosure of Confession of Judgment, a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "B" and made a part hereof. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. There has not been any assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction. 8. The Defendant is in default of the Defendant's obligations to make payment to the Plaintiff as required in the Note, as a result of which payment of the entire outstanding balance of the Loan is due and payable in full. 9. The amount due to the Plaintiff as a result of the Defendant's default is as follows, as of March 9, 2010: a. Principal $159 493.51 b. Interest , $ 21,001.83 C. Late Charges $ 3,028.44 d. Satisfaction Fees $ 85.00 e. Quote Fee $ 20.00 f. Attorneys' Fees $ 18,049.53 TOTAL: $201,678.31 10. Interest continues to accrue at the rate of $34.11 per day through the date of payment, including on and after the date of entry of judgment on this Complaint. WHEREFORE, Plaintiff, Susquehanna Bank, demands judgment against the Defendant, Hampton Construction Management, Limited, in the amount of Two Hundred and One Thousand Six Hundred Seventy-Eight and 31/100 Dollars ($201,678.31), plus interest at the rate of $34.11 per day through the date of payment, including on and after the date of entry of judgment on this Complaint, and for other expenses, fees and costs to which the Plaintiff may be entitled. Respectfully submitted, McNees Wallace & Nurick LLC Date: Marcl?y, 2010 By: ?Cieo ?S huff, Esquire S eme ourt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, DOCKET NO. successor in interest to CommunityBanks, Plaintiff CONFESSION OF JUDGMENT V. HAMPTON CONSTRUCTION ; MANAGEMENT, LIMITED, Defendant PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Robert Rahal, Senior Vice President for Susquehanna Bank, being authorized to do so on behalf of Susquehanna Bank, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SUSQUEHANNA BANK Date: r C4, ?? ! a s ( 0 By; Robert Rahal Senior Vice President PROMISSORY NOTE .......... References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""' has been omitted due to text length limitations. Borrower: Hampton Construction Management, Limited (TIN: Lender: CommunityBanks 25-1800323) Camp Hill 3607 Hartzdale Drive 201 St. Johns Church Road Camp Hill, PA 17011 Camp Hill, PA 17011 (717) 909-1590 Principal Amount: $250,000.00 Interest Rate: 7.700%, Date of Note: April 23, 2007 PROMISE TO PAY. Hampton Construction Management, Limited ("Borrower") promi$es to pay to Community Banks ("Lender"), or order, in lawful money of the United States of America, the principal amount of Two Hundred Fifty Thousand & 00/100 Dollars ($250,000.00), together with interest at the rate of 7.700% per annum on the unpaid principal balance from April 23, 2007, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan in 59 payments of $5,047.40 each payment?and an Irregular last payment estimated at $5,048.12. Borrower's first payment is due May 23, 2007, and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on April 23, 2012, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest "rate for this Note is computed on a 3651360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender Is entitled to the following prepayment penalty: In planning for the advancing of the proceeds of this loan and in planning its Investment portfolio, the Lender is relying upon this Obligation and the interest to be derived therefrom, and some assured period of interest accrual is a bargained-for-consideration In this transaction. Accordingly, during the term of the loan, the Lender shall be required to accept no partial prepayments of principal, other than those resulting from regularly scheduled amortization payments. In the event that Borrower prepays the principal of this Obligation prior to maturity, such payments shall be accompanied by a Prepayment Penalty equal to two percent (2.00%) of the prepaid amount. This Prepayment Penalty is a bargained-for consideration and not a liquidated damages provision. This Prepayment Penalty shall only be applicable if the prepayment of principal is derived from the balance of this Note being refinanced through another Individual, agency, or other financial institution. The Lender reserves the sole right to determine H any prepayment of principal is eligible for this prepayment exemption. This Prepayment Penalty provision shall not be applicable in the event that the Lender's acceleration of the payment terms of this Obligation triggers the prepayment, unless the default resulting in such acceleration is reasonably deemed by the Lender to be a purposeful default. No partial prepayment shall postpone or interrupt payments of future installments of principal and interest, which shall continue to be due and payable at the time and in the amounts set forth above until payment in full. 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: CommunityBanks, Camp Hill, 201 St. Johns Church Road, Camp Hill, PA 17011. ) LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $50.00, 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 2.000 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 Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either, now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. i Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. 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 governed by federal law applicable to Lender and,, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to, submit to the jurisdiction of the courts of Cumberland t=) ? I b -I -? -(A -, Loan No: 901017560 PROMISSORY NOTE (Continued) Page 2 County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This inclu4es all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein: inventory, chattel paper, accounts, equipment and general intangibles described in a Commercial Security Agreement dated April 23, 2007. 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 time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. 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: HAMPTON CONSTRUCTION MANAGEMENT, fT By.(Seal) arry 1. Morris, Jr., President f Hampton Construction Management, Limited ATTEST: Secretary or Assistant Secretary ( Corporate Seal ) WlPM L., M a. ooaw - RP 1-n... - PA P.-w MCMIPL? F» --1 M.. DISCLC- IRE FOR CONFESSION OF J )GMENT .......................::..:::::::::::::::..::.::a..,.: References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "`••" has been omitted due to text length limitations. Declarant: Hampton Construction Management, Limited (TIN: Lender: CommunityBanks 25-1800323) Camp Hill 3607 Hartzdale Drive 201 St. Johns Church Road Camp Hill, PA 17011 Camp Hill, PA 17011 (717) 909-1590 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS .2 3 171) DAY OF -- / (-j 1 20 A PROMISSORY NOTE FOR $250,000.00 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 iAN 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 AG INST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: ::" ":.::::;::;yc;' ::.:: rr ': B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: :i'. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. >01-14 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANT'S ATTENTION. _ DISC,. SURE FOR CONFESSION OF JUf- VIENT o-wLLNo: 901017560 (Continued) Page 2 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: HAMPTON CONSTRUCTION MANAGEMENT, ED, BY :.a: ....:.... .(Seal) H rry I. Morris, Jr., President o ampton Construction Management, Limited ATTEST: Secretary or Assistant Secretary ( Corporate Seal ) LASER PRO Landing, Var. 5.31.00.003 CIP1. Hwisa d FF-W S.1vh A Inc. 1887, 2007. A5 Rights Rnarvad. . PA P:INARLANMCFRLPLIO30.FC M-28811 PR .3, 1, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION /? SUSQUEHANNA BANK, : DOCKET NO. lO - a r Cwit -rertA successor in interest to CommunityBanks, Plaintiff CONFESSION OF JUDGMENT V. HAMPTON CONSTRUCTION MANAGEMENT, LIMITED, Defendant PREVIOUSLY ASSIGNED TO: 1 ? m PRAECIPE FOR ENTRY OF APPEARANCE Co N TO THE PROTHONOTARY: e' `-n , Please enter my appearance on behalf of Plaintiff, Susquehanna Bank. Papers may be served at the address set forth below. C-4 Geoffrey S. Shuff, Esquire McNees Wallace & Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Date: March 42010 Respectfully submitted, McNees Wallace & Nurick LLC By: rG ?. uff, Esquire rer urt ID #24848 100 Pine treet, PO Box 1166 Harris g, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, : DOCKET NO. I O - a 089 Civ i l T rm successor in interest to CommunityBanks, Plaintiff CONFESSION OF JUDGMENT V. ' HAMPTON CONSTRUCTION MANAGEMENT, LIMITED, 03M Defendant PREVIOUSLY ASSIGNED TO a fA ? ra AFFIDAVIT OF NON-MILITARY SERVICE w TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant in the above-captioned action, Hampton Construction Management, Limited, is not presently on active or nonactive military status. Date: March Y2010 Respectfully submitted, McNees Wahace & Nurick LLC By: Arerne S ff, Esquire ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, : DOCKET NO. I b - ab8q W t? ??' successor in interest to CommunityBanks, Plaintiff V. CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: m 0 a? as r+a ct? si HAMPTON CONSTRUCTION MANAGEMENT, LIMITED, Defendant CERTIFICATE OF ADDRESSES 3 W G W. 6 rl I hereby certify that the precise address of the Plaintiff, Susquehanna Bank, is 100 Sterling Parkway, Suite 100, Mechanicsburg, PA 17050; and that the last known address of the Defendant, Hampton Construction Management, Limited, is 3607 Hartzdale Drive, Camp Hill, PA 17011. Date: March L 2010 Respectfully submitted, McNees Wallace & Nurick LLC By: V Shu , Esquire o ID #24848 Str et, PO Box 1166 Harrisburg, A 17108-1166 (717) 237-5439 Attorneys for Plaintiff a Va COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, : DOCKET NO. lb - a b89 0'i"I l Terh successor in interest to CommunityBanks, Plaintiff CONFESSION OF JUDGMENT V. Nal HAMPTON CONSTRUCTION ° Tt Z MANAGEMENT, LIMITED, Za Defendant PREVIOUSLY ASSIGNED TO: ccn C C'j -? w NOTICE UNDER RULE 2958.1 ?° OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Hampton Construction Management, Limited A judgment in the amount of $201,678.31, plus interest, other expenses, fees and costs has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. a Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, McNees Wallace & Nurick LLC Date: Marchl I, 2010 By: Cleo uff, Esquire S e urt ID #24848 00 Pine treet, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff or .0. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, : DOCKET NO. 10 -010$9 C?vil'rrib successor in interest to CommunityBanks, Plaintiff V. : CONFESSION OF JUDGMENT HAMPTON CONSTRUCTION MANAGEMENT, LIMITED, Defendant PREVIOUSLY ASSIGNED TO: N/A To: Hampton Construction Management, Limited, Defendant You are hereby notified that on _j4QVh a5 , 2010, judgment by confession was entered against you in the sum of $201,678.31, in the above-captioned case. DATE: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 I hereby certify that the following is the address of the Defendant stated in the certificate of residence: Hampton Construction Management, Limited 3607 Hartzdale Drive Camp Hill, PA 17011 oeo g.uff, Attorney for Plaintiff A,. w A, Hampton Construction Management, Limited, Demandado: Por este medio usted sea avisado que en el dia _ de de 2010, un juicio por admision fue registrado contra usted por la cantidad de $201,678.31, referente al caso mencionado arriba. Fecha: Protonotario LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O SI NO TIENE EL DINERO PARA PAGAR TAL SERVICIO, VAYA PERSONALMENTE O LLAME POR TELEFONO A LA OFICINA CUYO TELEFONO Y DIRECCION SE ENCUENTRAN ESCRITOS ABAJO PARA AVERIGUAR DONDE USTED PODRA CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Por este medio certifico que la siguientes son las direcciones de los demandado, dicho en el certificado de residencia: Hampton Construction Management, Limited 3607 Hartzdale Drive Camp Hill, PA 17011 'o S. YAbogado del Demandante