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HomeMy WebLinkAbout10-2090 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, : DOCKET NO. 10 -,90q0 Ctyl I Ierl" successor in interest to CommunityBanks, Plaintiff V. CONFESSION OF JUDGMENT o ' - ?t rn T'3 RODNEY J. COY, ? a Defendant PREVIOUSLY ASSIGNED TO: c n CONFESSION OF JUDGMENT -' t Pursuant to the authority contained in the warrant of attorney, the original o C0 4W 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. Principal b. Interest to March 9, 2010 C. Late Charges d. Satisfaction Fees e. Attorneys' Fees TOTAL: Date: March k _6 2010 $492,757.64 $ 14,413.16 $ 749.40 $ 85.00 $ 50,717.08 $558,722.28, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC By nuir, ;quire ?Wem$?-Court ID :4848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff 4,mso PO AT'r`/ Crux 18(OSSQ P''-a34v97 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, successor in interest to CommunityBanks, Plaintiff DOCKET NO. lo- c- o g 6 r, -l v. CONFESSION OF JUDGMENT RODNEY J. COY, 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, Rodney J. Coy, is an adult individual whose last known address is 1032 Chelmsford Drive, Mechanicsburg, PA 17050 ("Defendant"). 3. The Defendant executed and delivered to the Plaintiff a Commercial Guaranty dated April 23, 2007 ("Guaranty"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made part hereof. 4. The Defendant executed and delivered to the Plaintiff a Disclosure for Confession of Judgment, a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "B" and made part hereof. 5. Under the Guaranty, the Defendant guaranteed to the Plaintiff the payment of all amounts due to the Plaintiff by Hampton Construction Management, Limited ("Debtor") under a Commercial Revolving Credit Line Agreement dated April 23, 2007, in the original principal amount of Five Hundred Thousand Dollars ($500,000) ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "C" and made part hereof. 6. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 7. There has not been any assignment of the Guaranty or the Note. 8. Judgment has not been entered on the Guaranty in any jurisdiction. 9. The Debtor is in default of the Debtor's obligations to make payment to the Plaintiff as required in the Note. As a result of the Debtor's default, the entire outstanding amount of the Debtor's obligations to the Plaintiff is due and payable in full. The Plaintiff has demanded payment from the Defendant under the Guaranty. A copy of the Plaintiffs demand dated October 28, 2009, is attached hereto as Exhibit "D" and made a part hereof. However, the Defendant has not made payment to the Plaintiff under the Guaranty. 10. An itemized computation of the amount due to the Plaintiff from the Defendant under the Guaranty as of March 9, 2010, is as follows: a. Principal $492,757.64 b. Interest $ 14,413.16 C. Late Charges $ 749.40 d. Satisfaction Fees $ 85.00 e. Attorneys' Fees $ 50,717.08 TOTAL: $558,722.28 11. Interest continues to accrue at the variable rate per day provided in the Note through the date of payment, including on and after the date of entry of judgment on this Complaint. WHEREFORE, Plaintiff, Susquehanna Bank, successor in interest to CommunityBanks, demands judgment against the Defendant, Rodney J. Coy, in the amount of Five Hundred Fifty- Eight Thousand Seven Hundred Twenty-Two and 28/100 Dollars ($558,722.28), plus interest at the rate of $41.06 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: March y, 2010 By: ?Geo of S. S ff, Esquire Su erne Couft ID #24848 4,00 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, successor in interest to CommunityBanks, Plaintiff DOCKET NO. V. RODNEY J. COY, Defendant CONFESSION OF JUDGMENT : 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 unswom falsification to authorities. SUSQUEHANNA BANK Date: ?. By: G 2 `? a b Robert Rahal Senior Vice President COMMERCIAL GUARANTY 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: Community8anks 25-1800323) Camp Hill 3607 Hartzdale Drive 201 St. Johns Church Road Camp Hill, PA 17011 Camp Hill, PA 17011 (717) 909-1590 Guarantor: Rodney J. Coy (SSN: 159-54-7230) 1032 Chelmsford Drive Mechanicsburg, PA 17050 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 Borror er to Lender, and the performance and discharge of all Borrower's obligations under the Credit Agreement and the Related Documents. Thlg 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,1his 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 Credit Agreement 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 arincipal 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, noun 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. 4 DURATION OF GUARANTY. This Guaranty will take effect when received by Lender vl!ithout the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebte.oness 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 m"/ 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 Atual 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 becpmes absolute, liquidated, determined or due. For this purpose and without limitation, "new Indebtedness" does not include all or part of ahe 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 iue, 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 securityiand 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 partpf the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents anif warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in Spy 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 arty 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 WAIVERS. Except as prohibited by applicable law, Guarantor waiv9s any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (8) 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; 1.- v 1_. L". (~. C/n %% COMMERCIAL GUARANTY Loan No: 961017564' (Continued) Page 3 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. 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 Hampton Construction Management, Limited and includes all co-signers and co-makers signing the Credit Agreement and all their successors and assigns. Credit Agreement. The words "Credit Agreement" mean 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. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Rodney J. Coy, and in each case, any signer's successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means CommunityBanks, its successors and assigns. 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 EV( NT 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 HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL 23, 2007. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X (Seal) Rodney J. Coy Signed, acknowled and d livered in the resence of: X s ? r X itness •DISCLC )RE FOR CONFESSION OF " "MENT x x. .v ..::v,..:.,vuv{v.:}}.:p....::.a?x .x wiA:}rv?. .: .' } :. nvC% 6v a:x :Y.. •Y.: :?:}Ar>.:.v:...:.nn..i:.hi:^i::L`:i:;.?.n:ij. ^: :.?. vv 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 Declarant: Rodney J. Coy (SSN: 159-54-7230) 1032 Chelmsford Drive Mechanicsburg, PA 17050 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ZF:' DAY OF7: .1? 20 07 A GUARANTY OF A CREDIT LINE ACCOUNT FOR $500,000.00 OBLIGATING ME TO REPAY THAT A OUNT. 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 EN RING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: r B. I FURTHE UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT I EVING ANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER READAND 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 CONFE98ION 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 1 INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. A. x k,- (' t- "1 23 > ) • DISC 'SURE FOR CONFESSION OF JU' mENT loan No: 901017564 (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: X ?, S,,? i Rodney J. Coy Signed, pc4owledge4 and delivered in the presence of: X uaw mo ?MeNS. v.. s.as.oo.ow c.w. we«,e r.,.,eu swsw?., r,.. ?n>, xwx. w sronu •«...a. mw.nwxmcsnw?oxarc rn.wi x m xx i COMMEW L REVOLVING'613EDIT LINE _,3EEMENT 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 lenath 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 CREDIT LIMIT: $500,000.00 DATE OF AGREEMENT: April 23, 2007 Introduction. This Commercial Revolving Credit Line Agreement ("Agreement") governs Borrower's line of credit (the "Credit Line" or the "Credit Line Account") issued through CommunityBanks. Borrower agrees to the following terms and conditions: Promise to Pay. Borrower promises to pay CommunityBanks, or order, tI a total of all credit advances and FINANCE CHARGES, together with all costs and expenses for which Borrower is responsible under this A reement or under "a Security Agreement" which secures Borrower's Credit Line. Borrower will pay Borrower's Credit Line according to the pa ment terms set forth below. If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means Lender ca require any Borrower to pay all amounts due under this Agreement, including credit advances made to any Borrower. Each Borrower autho' es any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit advances, and to do all other ings necessary to carry out the terms of this Agreement. Lender can release any Borrower from responsibility under this Agreement, and the o hers will remain responsible. Term. The term of Borrower's Credit Line will begin as of the date of is Agreement ("Opening Date") and will continue until termination of Borrower's Credit Line Account. All indebtedness under this Agreement if not already paid pursuant to the payment provisions below, will be due and payable upon termination. The draw period of Borrower's Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted by Lender in the Commonwealth of Pennsylvania, following the perfection of the security agreement, and the meeting of all of Lender's other conditions and will continue as follows: The Draw Period/ will terminate on the Annual Review Date, and shall be subject to the renewal provisions of this Agreement. Borrower may obtain credit advan@as during this period ("Draw Period"). Demand Feature. Notwithstanding the Default section herein, all outstanding indebtedness under this Agreement shall be due and payable upon demand by Lender. Minimum Payment. Borrower's "Regular Payment" will equal the amount of Borrowo's accrued FINANCE CHARGES or $1.00, whichever is greater. Borrower's payments will be due monthly. An increase in the ANNUAL PER6ENTAGE RATE may increase the amount of Borrower's Regular Payment. Borrower agrees to pay not less than the Minimum Payment on or before the due date indicated on Borrower's periodic billing statement. Balloon Payment. Borrower's Credit Line Account is payable in full upon termination in:a single balloon payment. Borrower must pay the entire outstanding principal, interest and any other charges then due. Unless otherwise required by applicable law, Lender is under no obligation to refinance the balloon payment at that time. Borrower may be required t. make payments out of other assets Borrower owns or find a lender, which may be Lender, willing to lend Borrower the money. If Borrower/ refinances the balloon, Borrower may have to pay some or all of the closing costs normally associated with a new credit line account, even if Borrower obtains refinancing from Lender. How Borrower's Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied to interest, then to unpaid principal, late charges and other charges, and then to any amounts that exceed Borrower's Credit Limit. All payments due hereunder shall be due without demand, and all payments due hereunder shall be paid at any of Lender's branch offices.. Receipt of Payments. All payments must be made by a check, automatic account debit, electronic funds transfer, money order, or other instrument in U.S. dollars and must be received by Lender at the remittance address shown on Borrower's periodic billing statement. Payments received at that address prior to close of business day on any business day will be credited to Borrower's Credit Line as of the date received. If Lender receives payments at other locations, such payments will be credited promptly to Borrower's Credit Line, but crediting may be delayed for up to five (5) days after receipt. i Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Five Hundred Thousand & 00/100 Dollars ($500,000.00), which will be Borrower's "Credit Limit" under this Agreement. Borrower may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Borrower's Credit Limit is the maximum amount Borrower may have outstanding at any one time. Borrower agrees not to attempt, request, or obtairi a credit advance that will make Borrower's Credit Line Account balance exceed Borrower's Credit Limit. Borrower's Credit Limit will not bei increased should Borrower overdraw Borrower's Credit Line Account. If Borrower exceeds Borrower's Credit Limit, Borrower agrees to repay immediately the amount by which Borrower's Credit Line Account exceeds Borrower's Credit Limit, even if Lender has not yet billed Borrower. Any amount greater than the Credit Limit will be secured by the security agreement covering Borrower's property. Charges to Borrower's Credit Line. Lender may charge Borrower's Credit Line to pay other fees and costs that Borrower is obligated to pay under this Agreement, the security agreement or any other document related to Borrower's Credit Line. In addition, Lender may charge Borrower's Credit Line for funds required for continuing insurance coverage as described in the paragraph titled "Insurance" below or as described in the security agreement for this transaction. Any amount so charged toLl3orrower's Credit Line will be a credit advance and will decrease the funds available, if any, under the Credit Line. However, Lender has no obligation to provide any of the credit advances referred to in this paragraph. Effective Disbursement Date. The words "Effective Disbursement Date" as used in this Agreement mean a date, after the Opening Date, when the Agreement is accepted by Lender in the Commonwealth of Pennsylvania following, the perfection of Lender's security agreements and the meeting of all of Lender's other conditions. Borrower agrees and understands that Borrower may not receive any credit advance under Borrower's Credit Line until after the Effective Disbursement Date of this Agreement. °i Credit Advances. After the Effective Disbursement Date of this Agreement, Borrower may obtain credit advances under Borrower's Credit Line as follows: Telephone Request. Requesting a credit advance from Borrower's Credit Line to be applied to Borrower's designated account by telephone. Except for transactions covered by the federal Electronic Fund Transfers Act -and unless otherwise agreed in your deposit account agreement, Borrower acknowledges and Borrower agrees that Lender does not accept responsibility for the authenticity of telephone instructions and that Lender will not be liable for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine. Requests In Person. Requesting a credit advance in person at any of Lender's authorized locations. Other Methods. CommunityBanks OnLine Banking. If there is more than one person authorized to use this Credit Line Account, Borrower agrees not to give Lender conflicting instructions, such as one Borrower telling Lender not to give advances to the other. I Transaction Requirements. The following transaction limitations will apply to the use of Borrower's Credit Line: In Person Request Limitations. The following transaction limitat6ps will apply to Borrower's Credit Line and requesting an advance in person. Minimum Advance Amount. The minimum amount of any credit advance that can be made on Borrower's Credit Line is $100.00. Other Transaction Requirements. Borrower may request advances in person 4rom any Teller at any CommunityBanks Office. Borrower will be required to provide proper identification. g Other Methods Limitations. The following transaction limitations will apply to Borrower's Credit Line and accessing by other methods. Other Transaction Requirements. Using CommunityBanks Online Banking you may transfer funds from your Commercial Line of Credit to your deposit account. Borrower must execute a CommunityBanks OnLine For Business Agreement to obtain access to CommunityBanks OnLine Banking. All transfers are subject to the provisions set forth in the CommunityBanks OnLine For Business Agreement as well as the provisions in this Credit Line Agreement. Excepto.for transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreert ent, Borrower acknowledges and Borrower agrees that Lender does not accept responsibility for the authenticity of CommunityBank$ Online Banking instructions and that Lender will not be liable for any loss, expense, or cost arising out of any CommunityBankj Onlne Banking request, including any fraudulent or unauthorized CommunityBanks.OnLine Banking request, when acting upon such instructionsi believed to be genuine. COMM( :IAL REVOLVINGI CREDIT LINE A .:EMENT Loan No: 901017564 Page 3 stay or injunction), and appeals. If not prohibited by applicable Im!V, Borrower also will pay any court costs, in addition to all other sums provided by law. Rate Increase. In addition to Lender's other rights on default, Lend r may increase the variable interest rate under this Agreement to 2.000 percentage points over the then applicable ANNUAL PERCENTAGE ATE. The interest rate will not exceed the maximum rate permitted by applicable law. If Lender does not increase the interest rate on de ault, it-will continue at the variable rate in effect as of the date Lender declares a default. Delay in Enforcement. Lender may delay or waive the enforcement of any other right. If Lender delays or waives any of Lender's rights, Le notice. For example, not terminating Borrower's account for non-payme in the future if Borrower has not paid. Termination by Borrower. If Borrower terminates this Agreement, Boi under this Agreement will remain in full force and effect until Borrower t Prepayment. Borrower may prepay all or any amount owing under this receive all accrued FINANCE CHARGES, and other charges, if any. Borrower of Borrower's obligation to continue to make Borrower's Minir the Credit Line. Borrower agrees not to send Lender payments marked such a payment, Lender may accept it without losing any of Lender's any further amount owed to Lender. All written communications instrument that indicates that the payment constitutes "payment in f limitations or as full satisfaction of a disputed amount must be mailed or Camp Hill, PA 17011. Notices. All notices will be sent to Borrower's address as shown in Boi different address if Borrower gives Lender written notice of a different a Borrower's mailing address. Y of Lender's rights under this Agreement without losing that right or er may enforce that right at any time in the future without advance will not be a waiver of Lender's right to terminate Borrower's account rer must notify Lender. Despite termination, Borrower's obligations paid Lender all amounts due under this Agreement. dit Line at any time without penalty, except Lender will be entitled to rments in excess of Borrower's Minimum Payment will not relieve n Payments. Instead, they will reduce the principal balance owed on d in full", "without recourse", or similar language. If Borrower sends is under this Agreement, and Borrower will remain obligated to pay :erning disputed amounts, including any check or other payment of the amount owed or that is tendered with other conditions or ivered to: CommunityBanks, Camp Hill, 201 St. Johns Church Road, Credit Line application. Notices will be mailed to Borrower at a Borrower agrees to advise Lender promptly if Borrower changes Credit Information and Related Matters. Borrower authorizes Lender to release information about Borrower to third parties as described in Lender's privacy policy and Lender's Fair Credit Reporting Act notice, provided Borrower did not opt out of the applicable policy, or as permitted by law. Borrower agrees that, upon Lender's request, Borrower will provide Lender with a current financial statement, a new credit application, or both, on forms provided by Lender. Borrower also agrees Lender may obtain credit reports on Borrower at any time, at Lender's sole option and expense, for any reason, including but not limited to determining whether there has been an adverse change in Borrower's financial condition. Based upon a material adverse change in Borrower's financial condition (such as termination of employment or loss of income), Lender may suspend Borrower's Credit Line. Lender may require a now appraisal of the Property which secures Borrower's Credit Line at any time, including an internal inspection, at Lender's sole option and expense. Transfer or Assignment. Without prior notice or approval from Borrow?r, Lender reserves the right to sell or transfer Borrower's Credit Line Account and Lender's rights and obligations under this Agreement to another lender, entity, or person, and to assign Lender's rights under the security agreement. Borrower's rights under this Agreement belong to Borrower only and may not be transferred or assigned. Borrower's obligations, however, are binding on Borrower's heirs and legal represeIptatives. Upon any such sale or transfer, Lender will have no further obligation to provide Borrower with credit advances or to perform any other obligation under this Agreement. 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. Annual Review Date. The Annual Review Date shall begin on April 30, 2008, and shall continue on the same day of each year thereafter until the termination of this Agreement by either the Borrower or the Lender. The annual renewal may be subject to a non-refundable fee. Lender Accounts. As additional security for the performance by Borrower hereunder, Borrower hereby grants to Lender a Security Interest in any and all deposit accounts of whatever nature, which Borrower maintains, with Lender.', Borrower acknowledges that Lender is relying upon the deposit and other relationships between Borrower and Lender in establishing the relationship by this Agreement, that Lender's interests can be protected only through the monitoring of deposit and loan accounts of Borrower, andrthat such deposit and other relationships are part of the consideration in this matter. Accordingly, Borrower covenants and agrees that, during the term hereof, Borrower will maintain deposit accounts with Lender, except with the written approval of Lender, which approval Lender reserves the right to refuse. Time is of the Essence. Time is of the essence in the performance of this; Agreement. Renewal Provision. Subject to the conditions of this Agreement, Lender shall, on the annual review date, renew the Draw Period of this Agreement for an additional period specified in the commitment letter, subject to the following conditions: (a) Prior to the Review Date, the Borrower shall request that the Credit Line be renewed. (b) All conditions for granting of the Credit Line shall comply with the then applicable loan policies of the Lender. No event which could, under the terms of this Agreement, constitute an event of default (whether or not Lender has declared such event to be an event of default) shall have occurred prior to the Review Date. (c) No substantial change in the credit status of Borrower shall have occurred, including, but not limited to, the imposition of liens upon any of the Personal Property Collateral (whether or not such lien or liens have a priority superior to that of Lender's interest) or the Real Estate Collateral, the institution of legal process against Borrower, or adverse changes in Borrower's financial condition, any of which Lender reasonably deems to negatively affect the credit worthiness of Borrower. (d) No financial analysis ratio ordinarily applied by Lender in the analysis of credit worthiness, as applied to Borrower, shall be in noncompliance with the provision of Lender's then-current loan policy applicable to such financial analysis ratio. (e) Borrower has not demonstrated an inability to meet obligations as the same become due. (f) The Interest rate applicable to the outstanding balance of the Credit line shall be subject to adjustment on each Review Date, based upon a credit analysis of Borrower by Lender and upon Lender's then-current loan policy. (g) Lender reserves the right to revise the Credit Amount on each Review Date, reducing or increasing the same in the event that credit conditions so warrant. IN On the Review Date, in the event of renewal of the Credit Line, Borrower shall reaffirm all provisions of this Agreement, effective as of the Review Date. W In the event that Borrower has not requested renewal of this Credit Line by the Review Date, this Credit Line shall be considered, at the option of the Lender, as expired, and Lender shall have no obligation to make additional advances. Additionally, any principal sum outstanding under this Credit Line plus accrued interest thereon may, at Lender's opti?n, become immediately due and payable. In the event that any condition is not met, Lender may elect, at its optiorp, not to renevb the Credit Line and may demand immediate payment in full of all outstanding balances. Warranties of Borrower. In order to induce Lender to enter into this Agreement and to extend the proceeds of the Credit Line, Borrower hereby warrants as follows, and all such warranties shall remain true and correct; during the entire term of this Agreement: (a) Borrower acknowledges receipt of all loan proceeds made as advances under this Credit Line and deposited to Borrower's Authorized Deposit Account. For value received and intending to be legally bound, Borrower does hereby promise to repay all sums due, together with accrued interest thereon, in lawful money of the United States to the Lender upon'demand. (b) All representations made in the Credit Line Application, all terms of which are incorporated herein and are made a part hereof, are true and correct, and Borrower has not omitted therefrom any material fact. (c) If Borrower is a corporation, Borrower is in good standing with the Department of State in which Borrower is incorporated and is authorized to do business in the Commonwealth of Pennsylvania. In addition, all corporate action required to authorize the execution of this Agreement has been taken by the shareholders and/or directors of the corporation, and the officers of the corporation executing this Agreement are authorized to do so on behalf of the Corporation. i (d) In the event that Borrower is a partnership, the execution of this Agreement is duly authorized under the terms of the Partnership Agreement between the partners, and all partners have unanimously agreed thereto ahd the undersigned are authorized to execute this Agreement on behalf of the partnership. (e) The execution of this Agreement does not violate any applicable federal or state statute or local ordinace, any provision of any agreement governing the operation of Borrower, any bylaws of Borrower, or any federal, state or local judicial or administrative decree affecting Borrower. COMMF 'IAL REVOLVING CREDIT LINE A _-:MENT Loan No: 901017564 (Continued) Page 5 This Agreement is dated April 23, 2007. s THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: Seal Construction Management, Limited ATTEST: ( ) Secretary or Assistant Secretary Corporate Seal HAMPTON CONSTRUCTION MANAGEME , IMITED Harry 1. Morris, Jr., Preside If Hampton Effective Disbursement Date: uaen mo ?., v e H m c ww xe„ ,u .yn,. •....r. ? .w.wwmcm.n?oss.w 1n a..e rnaa AWN_ McNees Wallace & Nurick LLC attorneys at law Fire tort GEOFFREY S. SHUFF DIRECT DIAL: (717) 237-5439 DIRECT FAX: (717) 260-1743 E-MAIL ADDRESS: GSHUFF@MWN.COM October 28, 2009 VIA CERTIFIED AND FIRST CLASS MAIL Rodney J. Coy 2032 Chelmsford Drive Mechanicsburg, PA 17050 Harry I. Morris, Jr. 590 Lucinda Lane Mechanicsburg, PA 17055 RE: $500,000 Revolving Line of Credit from CommunityBanks, now by merger Susquehanna Bank $250,000 Loan from CommunityBanks, now by merger Susquehanna Bank NOTICE OF DEFAULT AND DEMAND FOR PAYMENT Gentlemen: Please be advised that this firm represents the interests of Susquehanna Bank (the "Bank") with respect to your obligations to the Bank. As you know, you are obligated to the Bank for the referenced $500,000 Revolving Line of Credit and the $250,000 Loan (together, the "Loans") pursuant to those certain Commercial Guaranty agreements dated April 23, 2007, and executed and delivered by you to the Bank (together, the "Guaranties"). As you also know, Hampton Construction Management, Limited ("Hampton") is in default of its obligations to the Bank for failure to make payments on the Loans as and when due. Pursuant to the Guaranties, you are jointly and severally liable to the Bank for the entire outstanding amounts of the Loans. As of October 27, 2009, the amounts of the obligations to the bank are as follows: $500,000 Revolving Line of Credit Principal $492,757.64 Interest through 10/27/09 $8,951.76 Late Charges $435.27 Attorneys' Fees $2,081.47 TOTAL $504,786.60 P.O. Box 1166. 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAx: 717.237.5300 • WWW.MWN.COM COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC Rodney J. Coy Harry I. Morris, Jr. October 28, 2009 Page 2 Interest . at the rate of $41.06 per day, attorneys' fees and costs and other amounts to which the Bank is entitled continue to accrue until the date on which payment is received by the Bank. $250,000 Loan Principal $159,493.51 Interest through [date] $7,464.69 Late Charges $1,766.59 Attorneys' Fees $2,081.46 Satisfaction Fee $85.00 TOTAL $170,891.25 Interest at the rate of $34.11 per day, attorneys' fees and costs and other amounts to which the Bank is entitled continue to accrue until the date on which payment is received by the Bank. Payment of the full amount of your obligations to the Bank is hereby demanded. Please contact Robert Rahal of the Bank within ten (10) business days to make arrangements for payment of the entire amount of your obligations. Mr. Rahal may be contacted as follows: Robert Rahal Senior Vice President Susquehanna Bank 100 Sterling Parkway, Suite 100 Mechanicsburg, PA 17050 717-766-6542 Neither this letter nor anything contained herein waives, limits or otherwise affects in any way the Bank's right to exercise and enforce its rights and remedies under the agreements and documents that evidence and/or secure the Loans, or at law or in equity, all of which are reserved by the Bank and remain in full force and effect, enforceable by the Bank at any time on and after the date of this letter. Rodney J. Coy Harry I. Morris, Jr. October 28, 2009 Page 3 Thank you for your consideration in this matter. Very truly yours, McNEES WALLACE & NURICK LLC iff GSS:ADC:slt COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, : DOCKET NO. 10 -apg0 Csuccessor in interest to CommunityBanks, Plaintiff V. CONFESSION OF JUDGMENT RODNEY J. COY, Defendant : PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: mr-n' s Please enter my appearance on behalf of Plaintiff, Susquehanna Bank. Lr 4 ? .. Papers maybe served at the address set forth below. Cn Geoffrey S. Shuff, Esquire McNees Wallace & Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Date: March, 2010 Respectfully submitted, McNees Wallace & Nurick LLC By: ue . S fI; Esquire preme Co ID #24848 100 Pine eet, PO Box 1166 Harrisb g, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, successor in interest to CommunityBanks, Plaintiff V. RODNEY J. COY, Defendant : DOCKET NO. 10 - 610g0 C,vi I Terr? CONFESSION OF JUDGMENT, PREVIOUSLY ASSIGNED TO: ?cJ rs 0 s. N cn c,a 0 c» AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant in the above-captioned action, Rodney J. Coy, is not presently on active or nonactive military status. Date: March(, 2010 Respectfully submitted, McNees Wallace & Nurick LLC By: eo . Shuff,' /squire S reme Court ID #24848 00 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 n SUSQUEHANNA BANK, : DOCKET NO. I() - *D9O C ?v? 1 l errs successor in interest to CommunityBanks, Plaintiff _ V. CONFESSION OF JUDGMENT -09 =c -0 RODNEY J. COY, Defendant PREVIOUSLY ASSIGNED TO: t?A -? - Z W CERTIFICATE OF ADDRESSES ttn 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, Rodney J. Coy, is 1032 Chelmsford Drive, Mechanicsburg, PA 17050. Respectfully submitted, Date: March2 (, 2010 McNees Wallace & Nurick LLC By: Cieoflpl` S. ?huff, Esquire Su e urt ID #24848 0 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. 10 -apgp Civi lT&* successor in interest to CommunityBanks, Plaintiff n C= C V. CONFESSION OF JUDGMENT _ rn RODNEY J. COY, ; V Defendant PREVIOUSLY ASSIGNED TO: C A 7` W NOTICE UNDER RULE 2958.1 c-n OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Rodney J. Coy A judgment in the amount of $558,722.28, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, McNees Wallace & Nurick LLC Date: Marcl, 2010 By: 'G?ffr S. Shuff, Esquire e Court ID #24848 p JLJ 10 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff } w. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SUSQUEHANNA BANK, DOCKET NO. 10 -.icgo ai, i 1 TePM successor in interest to CommunityBanks, Plaintiff V. RODNEY J. COY, Defendant To: Rodney J. Coy, Defendant : CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A You are hereby notified that on ?/(_&j__, 2010, judgment by confession was entered against you in the sum of $558,722.28, in the above-captioned case. DATE: - -TAftron-ot 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: Rodney J. Coy 1032 Chelmsford Drive Mechanicsburg, PA 17050 e S. ?Iuff, Attorney for Plaintiff . %. A, Rodney J. Coy, 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 $558,722.28, 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: Rodney J. Coy 1032 Chelmsford Drive Mechanicsburg, PA 17050 G' ff, Abogado del Demandante