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HomeMy WebLinkAbout10-3186F:\FILES\Clients\11470 Memberslst\FILES\Current\106 Susquehanna Heating & Cooling\11470.106.com.confl.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1' ` FEDERAL CREDIT UNION, Plaintiff v. STEVEN R. SEIBERT, Defendant ~~c Tai ~~_:~~~ !~~YaT 2Cl0 ~~Y i 4 A~ i~~ 24 & FALLE ~~~~~~~~`~~:,~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 31810 CIVIL TERM CONFESSION OF JUDGMENT Pursuant to the authority contained in the Commercial Guaranty attached as Exhibit "B," to the Complaint filed in the above-captioned case, we appear for Defendant Steven R. Seibert and confess judgment in favor of Members 1 SI Federal Credit Union against Steven R. Seibert, as of May 6, 2010, as follows: Balance $23,193.79 Costs of Suit $ Attorney Fees $2,319.38 Total: $25,513.17* Respectfully submitted: MARTSON LAW OFFICES (717) 243-3341 ~oZ`j,50 PO ~~ Christopher E. Rice, E ire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 e~~ ~i~ !~# a~la.o5a, J~o~Ct. ,~ F:\FILES\Clients\I1470 Memberslst\FILES\Cwrent\106 Susquehanna Heating & Cooling\11470.106.com.confl.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. STEVEN R. SEIBERT, Defendant NO. 2010 - CIVIL TERM COMPLAINT FOR CONFESSION OF JUDGMENT Members 1 S` Federal Credit Union, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa. R.C.P. Rule 2951 and in support thereof, avers the following: 1. Plaintiff, Members 15` Federal Credit Union, ("Plaintiff') is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Susquehanna Valley Heating & Cooling, Inc., is a Pennsylvania corporation with a registered address of 4109 Gettysburg Road #3, Camp Hill, Pennsylvania. 3. Defendant Steven R. Seibert is an adult individual residing at 313 Ross Avenue, New Cumberland, Pennsylvania. 4. On July 31, 2007, Susquehanna Valley Heating & Cooling, Inc., entered into an agreement with Plaintiff for a Visa business credit card with a credit limit of $20,000.00. A true and correct copy of the Corporate Resolution to Borrow/Grant Collateral is attached hereto and incorporated as Exhibit "A." .~ 5. On July 31, 2007, Defendant Steven R. Seibert executed a Commercial Guaranty and agreed to, among other things, guarantee full payment and satisfaction of all of Defendant Susquehanna Valley Heating & Cooling, Inc.'s indebtedness to Plaintiff. A true and correct copy of the Commercial Guaranty is attached hereto as Exhibits "B" and is incorporated herein by reference. 6. Susquehanna Valley Heating & Cooling, Inc., failed to make its payments on the Visa card when due. 7. As of August 2008, the unpaid balance on the Visa Card was $23,193.79. 8. Defendant has defaulted under the Commercial Guaranty by and including, but not limited to, allowing a material adverse change in his financial condition, and failing to make payments as required under the Commercial Guaranty (collectively the "Events of Default") 9. The Commercial Guaranty provides that Plaintiff, after the Events of Default have occurred, may confess judgment against Defendant for all sums due and owing thereunder. 10. The total sum due and owing under the Commercial Guaranty from Defendant as of May 6, 2010, is $23,193.79, plus attorneys fees of $2,319.38 and costs of $500.00 (estimated). 11. All conditions precedent have been satisfied to allow Plaintiff to confess judgment against Defendant Steven R. Seibert under the Commercial Guaranty. 12. Judgment has not been confessed against Defendant Steven R. Seibert in any other jurisdiction under the Commercial Guaranty. 13. Plaintiff is the holder of the Commercial Guaranty. 14. The Commercial Guaranty was executed and delivered in connection with a commercial transaction, and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 15. The Commercial Guaranty has not been assigned. WHEREFORE, Members 1S` Federal Credit Union requests that this Court enter judgment by confession against Steven R. Seibert in the amount of $25,763.17, and additional fees and costs as prayed for in the Complaint. Respectfully submitted, MARTSON LAW OFFICES By. ~~.~ s. ~--- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: $'-/~/-/a EXHIBIT "A" i _ _--- ~ - i '' ~ - CORPORATE R(• , ~DLUTION TO BORROW / GF , ,VT COLLATERAL . _..~:::, x.:::. ~........ ._ ~........ _....ox...x. w ...._ ..................t...............,.~r.._...s.......:n...~r....rs.s.....,,,......,:7L•.:...nc,.,:..a:.5.,.,.:,~.._a[,S.4xv_.....x~. ...i....... «iLa:.iAa..liaCt ~,.. :.,...:::y:..,'•`~C~~!t''. 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L References in the shaded area are for L'ender's use only and do not limit the applicability of this document to any particular loan or item Any item atiove containing "••"" has been omitted due to text length limitations. r '~ Corporation: Susquehanna Valley Heating & Cooling Po Box 496 New Cumberland, PA 17070 Lender: Members 1st Federal Credit Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT: THE CORPORATION'S EXISTENCE. The complete end correct name of the Corporation is Susquehanna Valley Heating & Cooling ("Corporation"1. The Corporation is a corporation for profit which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws of the Commonwealth of Pennsylvania. The Corporation is duly authorized to transact business in all other states in which the Corporation is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which the Corporation is doing business. Specifically, the Corporation is, and at all times shall be, duly qualified as a foreign corporation in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. The Corporation has the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. The Corporation maintains an office at Po Box 496 ,New Cumberland, PA 17070. Unless the Corporation has designated otherwise in writing,_the principal office is the office at which the Corporation keeps its books and records. The Corporation will notify Lender prior to any change in the location of The Corporation's state of organization or any change in The Corporation's name. The Corporation shall do ail things necessary to preserve and to keep in full force and effect its existence, rights end privileges, and shall comply with all regulatlona, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governments! authority or court applicable to the Corporation end Tha Corporation's business activities. RESOLUTIONS ADOPTED. At a meeting of the Directors of the Corporation, or if the Corporation is a close corporation having no Board of Directors then et a meeting of the Corporation's shareholders, duly celled and held on July 31, 2007, at which a quorum was present and voting, or by other duly authorized action in lieu of a meeting, the resolutions set forth in this Resolution were adopted. OFFICER. The following named person is an officer of Susquehanna Valley Heating & Cooling: NAMES TITLES AUTHORIZED SI RES '} I a Se 1 ~! Y Steven R. Seibert ACTIONS AUTHORIZED. The authorized person listed above may enter Into any agreements of any nature with lender, end those agr ~' , will bind the Corporation. Specifically, but without limitation, the authorized person is authorized, empowered, and directed to do the following for and on behalf of the Corporation: Borrow Money. To borrow, as a cosigner or otherwise, from time to time from Lender, on such terms as may be agreed upon between. the Corporation and Lender, such sum or sums of money ea in his or her Judgment should be borrowed, without limitation. Execute Notes. To execute and deliver to Lender the promissory note or notes, or other evidence of the Corporation's credit accommodations, on Lender's forms, at such rates of Interest and on such terms as may be agreed upon, evidencing the sums of money so borrowed or any of the Corporation's indebtedness. to Lender, and also to execute and deliver to Lender one or more renewals, extensions, modifications, refinancings, consolidations, or substitutions for one or more of the notes, any portion of the notes, or any other evidence of credit accommodations. Grant Security. To mortgage, pledge, transfer, endorse, hypothecate, or otherwise encumber and deliver to Lander any property now'br hereafter belonging to the Corporation or in which the Corporation now or hereafter may have an Interest, including without limitation ell of the Corporation's real property and all of the Corporation's personal property (tangible or intangible), as security for the payment of any . loans or credit accommodations so obtained, any promissory notes so executed (including any amendments to or modifications, renewals, and extensions of such promissory notes), or any other or further indebtedness of the Corporation to Lender at any time owing, however the same may be evidenced. Such property may be mortgaged, pledged, transferred, endorsed, hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred, or at any other time or times, and may be either in addition to or in Ileu of any . property theretofore mortgaged, pledged, transferred, endorsed, hypothecated or encumbered. Execute Security Documents. To execute and deliver to Lender the forms of mortgage, dead of trust, pledge agreement, hypothecation agreement, and other security agreements and financing statements which Lender may require and which shall evidence the terms end conditions under and pursuant to which such liens and encumbrances, or any of them, are given; and also to execute and deliver to Lender any other written instruments, any chattel paper, or any other collateral, of any kind or nature, which Lender may deem necessary or proper in connection with or pertaining to the giving of the liens and encumbrances. Negotiate Items. To draw, endorse, and discount with Lender all drafts, trade acceptances, promissory noise, or other evidences of indebtedness payable to or belonging to the Corporation or in which the Corporation may have an interest, end either to receive cash for the same or to cause such proceeds to be credited to the Corporation's account with Lender, or to cause such other disposition of the proceeds derived therefrom as he or she may deem advisable. Further Acts. In the case of lines of credit, to designate additional or alternate Individuals as being authorized to request advances under .such lines, and in all cases, to do and perform such other acts and things, to pay any end all fees and costs, and to execute and deliver such other documents and agreements, including agreemerrts requiring disputes with Lender to be submitted to binding arbitration for final resolution, waiving the right to a trial by jury and confessing judgment against the Corporation, as the officer may in h(s or her discretion deem reasonably necessary or proper in order to carry Into effect the provisions of this Resolution. ASSUMED BUSINESS NAMES. The Corporation has filed or recorded all documents or filings required by law relating to all assumed business names used by the Corporation. Excluding the name of the Corporation, the following is a complete list of all assumed business names under which the Corporation does business: None. ' NOTICES TO LENDER. The Corporation will promptly notify Lender in writing at Lender's address shown above (or such other addresses as Lender may designate from time to time) prior to any (A1 change in the Corporation's name; (B) change in the Corporation's assumed business name(s); (C) change in the management of the Corporation; (D) change in the authorized signer(sl; lE) change in the Corporation's principal office address; (F) change in the Corporation's state of organization; (Gi conversion of the Corporation to a new or different type of business entity; or (H) change in any other aspect of the Corporation that directly or Indirectly relates to any agreements between the - CORPORATE _, rSOLUTION TO BORROW 1 GRAC COLLATERAL Loan No: 272777-visa - (Continued) Page 2 Corporation and Lander. No change in the Corporation's name or state of organization wilt take effect until after Lender has received notice. CERTIFICATION CONCERNING OFFICERS AND RESOLUTIONS. The officer named above is duty elected, appointed, or employed by or far the Corporation, as the case may be, and occupies the position sat opposite his or her respective name. This Resolution now stands of record on the books of the Corporation, is in full force and effect, and has not been modified or revoked in any manner whatsoever. NO CORPORATE SEAL. The Corporation has no corporate seal, and therefore, no seal Is affixed to this Resolution. CONTINUING VALIDITY. Any and ail acts authorized pursuant to this Resolution and pertormed prior to the passage of ihia Resolution are hereby ratified and approved. This Resolution ahal! be continuing, shall remain in full force and effect and Lander may rely on It until written notice of its revocation shall have been delivered to and received by Lender at Lender's address shown above (or such addresses as Lender may designate from time to time). Any such notice shall not affect any of the Corporation's agreements or commitments in effect at the time notice is given. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and attest that the signature set opposite the name listed above is his or her genuine signature. I have read all the provisions of this Resolution, and I personally and on behalf of the Corporation certify that all statements and representations made in this Resolution are true and correct. This Corporate Resolution to Borrow 1 Grant Collateral is dated July 31, 2007. THIS RESOLUTION IS GIVEN UNDER SEAL AND IT 15 INTENDED THAT THIS RESOLUTION IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. CERTIFIED TO AND ATTESTED BY: ;:;`.:Y:;`.; ~ ~::.. :;:f'~5;::;::: +:t' 8 al ) ..R.+SBI NOTE: ff the officer e(pntnp this Retotutian la daiprtated by the torepolnp documsM et ons of the otficare authorized to act on the CorpueUon's behalf, It le advisable to have this Reeolutlon siynsd by et )seat ons non-authorizod officer of the Corporation. 'Mils -110 Leedlny. Vx. i.70.00.OM CeM• Ne~YM Finenalq asWiena lea 1le7, 7007. Aa IIgAU Neu... • -A C1COMM7aCIALICFl\LllIC10JC TR1aI1 NM76 EXHIBIT "B" ~~ 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: Susquehanna Valley Heating & Cooling Po Box 496 New Cumberland, PA 17070 Lender: Members 1st Federal Credit Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 Guarantor: Steven R. Seibert 313 Rossd Avenue New Cumberland, PA 17070 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. _ - INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means elf of the principal amount outstending~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 that Borrower individually or collectively or interchangeably with others, owes or will owe Lender under the Note and Related Documents and any renewals, extensions, modifications, refinancings, consolidations and substitutions of the Note and Related Documents. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not {unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's (lability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other untermineted guaranties. CONTINUING GUARANTY. THIS GUARANTY ENCOMPASSES A LINE OF CREDIT AND GUARANTOR UNDERSTANDS AND AGREES THAT THIS GUARANTY SHALL BE OPEN AND CONTINUOUS UNTIL THE INDEBTEDNESS IS PAID IN FULL AND THE LENDER DECLARES THAT THE LINE OF CREDIT IS FULLY SATISFIED, PERFORMED AND TERMINATED. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed In full. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not 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. Th[a Guaranty covers a revolving line of credh and it is specifically anticipated that fluctuations will occur in the aggregate amount of the Indebtedness. Guarantor specifically acknowledges and agrees that fluctuations in the amount of the Indebtedness, even to zero dollars (S 0.00), shall not constitute a termination of this Guaranty. Guarantor's (lability under this Guaranty shall terminate only upon fA) termination in writing by Borrower end Lender of the line of credit, (B) payment of the Indebtedness in full in legal tender, and (C) payment in full in legal tender of all of Guarantor's other obligations under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: IA) to make one or more additional secured or unsecured loans tc Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; IB) 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; ID) 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 nonjudicisl sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; lG) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and lH) to assign or transfer this Guaranty in whole ar in pert. 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 Ilmit 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; IC) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; IE) 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 materiel respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; IG) 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; Iq Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and IJ) Guarantor has established adequate means of obtaining from Borrower on s 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 shell have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; IBI 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 ~ COMMERCIAL GUARANTY ~ Loan No: 272717-visa (Continued) ~ Page 2 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; IE- 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; (~ 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; lBl 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; IC) 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 Ilmltatlons, if at any time any action or su(t brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitattona; 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. 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 easels 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 Lander so requests, sny 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 end enforce its rights under this Guaranty, MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties es 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. Arbitration. Borcower and Guarantor and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Guaranty or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbiVation agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without Judicial process pursuant to Ardcle 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Guaranty shell preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of Iimkations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. . Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of lender's costs and expenses, including Lender's attorneys' fees end 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 end 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 ere 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 6y 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. Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the !. ~ COMMERCIAL GUARANTY ~ '~ Loan No: 272717-visa - (Continued) J Page 3 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 ono or more of Borrower or Guarantor era corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with e nationally recognized overnight courier, or, if mailed, when deposited in the United States mall, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate es 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 alt 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 shalt be enforceable by Lender and its successors end assigns. Waive Jury. Lender and Guarantor hereby waive the right to any Jury trial in any action, proceeding, or counterclaim brought by either Lenda- or Guarantor against the other. EXHIBIT A. An exhibit, titled "Exhibit A," is attached to this Guaranty end by this reference is made a part of this Guaranty Just es if all the provisions, terms end conditions of the Exhibit had been fully set forth in this 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 Susquehanna Valley Heating & Cooling and includes alt co-signers and co-makers signing the Note and ail their successors and assigns. Guarantor. The word "Guarantor" means everyone signing this Guaranty, Including without limitation Steven R. Seibert, 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 Members 1st Federal Credit Union, its successors and assigns. Note. The word "Note" means the promissory note dated July 31, 2007, in the original principal amount of 520,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE'AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OFTEN PERCENT (1056) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) 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. COMMERCIAL GUARANTY ~ ~ ~ Loan No: 272717-visa ~ (Continued) Page 4 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 JULY 31, 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: r~ .~ ~ :::c><::~: Seal i'~7 ) ven R. Seibert INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA /~~ ., )SS COUNTY OF ~-t ,( /n1.1;('_./ ~Q.~~ ) On this, the ~ I day of ~L~ , 20 ~~ before me (CI ~! /-~~. ,the undersigned Notary Public, personally appeared Steven R. Seibert, 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, t hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seat Laura L. Hoke, Notary Public UpperAltenTwp., Cumberland County Notary Public in and for the State of My Commission Expires Jan. 25, 2011 Member, Pennsylvania Association of Notaries UBlR WIO IenAhp, Vv. i.».OO.OW Cep,. Hvleed 1lneneMl EOletlan,, Ma 1!!7, TOOT. All pp:u Mwred. • ~~ CACOMMlIIGALACiglIU~30.pC TFt W I pN•1! ' ~ EXHIBIT A ~ ,) 1) References in the shaded arse 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: Susquehanna Valley Heating & Cooling Lender: Msmbera 1st Federal Credit Union Po Box 498 ATTN: Small Business Lending New Cumberland, PA 17070 5000 Louise Drive Mechanicsburg, PA 17056 Guarantor: Steven R. Seibert 313 Rossd Avenue New Cumberland, PA 17070 This EXHIBIT A is attached to and by this reference is made a part of the Commercial Guaranty, dated July 31, 2007, end executed in connection with a loan or other financial accommodat(ons between MEMBERS 1ST FEDERAL CREDIT UNION and Susquehanna Valley Heating & Cooling. Guarantor shalt furnish to the Lender a list of requested cardholders and credit limits. The minimum requested credit omit shall be S5,000 and the maximum requested credit limit shall be 535,000. Guarantor shall guaranty payment for all balances and fees on credit cards issued to cardholders. From time to time the Borrower may amend the list of cardholders and credit limits. All amendments to the list of cardholders shall be included in the guaranty. THIS EXHIBIT A IS EXECUTED ON JULY 31, 2007. GUARANTOR: users mo LanNny, Vp. 0.~7.00AW Cap. MaAaad An".Nal fW11en41nw tp7. um. ra ~ynu e..ww. . -~ c:uaw~ei~~crnuu~ao.re nH+~x~ ,,~ -~` % ... EXHIBIT A LIST OF VISA CARD HOLDERS Susquehanna Valley Heating & Cooling Last Revised: July 31, 2007 NAME VISA LIMIT Steven ibert Jr. $20,000.00 Business Name• Sus uehanna Valle Heatin & Coolin Total VISA limit for business: $ 20,000.00 Number of cards: 1 i o . VERIFICATION I, Dan Summers, Collection Manager for Members 1 S` Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Members ls` Federal Credit Union and certify that the foregoing Complaint for Confession of Judgment is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint for Confession of Judgment is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint for Confession of Judgment is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. MEMBERS 1ST FEDERAL CREDIT UNION BY= ~~YL/ Dan Summers, Collection Manager 6~E~~l~;lE® pp : d r~~,k ~{ to ~~4~tii '...P'~J4~ '' Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1' ` FEDERAL CREDIT UNION, Plaintiff v. STEVEN R. SEIBERT, Defendant FlLEC.~~~ ~r~~!`r~ c.~ Thy ~~~,• .;,;~,~,~7AF~Y Za« ~~~ ~ 1- ~ «~ z~ & FALLI~(~,~gy~~~;~~,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 318(o CIVIL TERM NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 PA. C.S.A. §2737.1. (Act 105 of 2000) To: Defendant PURSUANT TO 42 PA. C.S.A. SECTION 2737.1, IF YOU HAVE BEEN INCORRECTLY IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YOU, YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. INSTRUCTIONS REGARDING THE PROCEDURE TO STRIKE THE CONFESSED JUDGMENT ARE SET FORTH BELOW: Pennsylvania Rule of Civil Procedure 2959 -Striking Off Judgment (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only: (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. You may have other rights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F1L~J'-t.1~;.~Iu~~ Christopher E. Rice, Esquire Attorney I.D. No. 90916 2410 ~4AY t 4 Ate ifl~ 14 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 ~~~~,~a. };~„~ v~?;JIB MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLE~EP~'~YL.V~~;A MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010 - 3t $~ CIVIL TERM STEVEN R. SEIBERT, : Defendant CERTIFICATE OF RESIDENCE We hereby certify that the last known addresses of the Defendant is: Steven R. Seibert 313 Ross Avenue New Cumberland, PA 17070 The address of Plaintiff is: 5000 Louise Drive, Mechanicsburg, PA 17055 MARTSON LAW OFFICES B : ~~~ ~ ~ Y Christopher E. Rice, Esquire Date: )I' ~~~~~6 Attorneys for Plaintiff ,, r- ~r~-~u FlIEC Christo her E. Rice Es uire p q ~ ~ `~ t THE FE T,-!""~ ~'AAY Attorney I.D. No. 90916 Seth T. Mosebey, Esquire 20101~AY 14 A~110~ 14 Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & ~$,,~'`~i`~u l~C'~JN1Y MARTSON LAW OFFICES €~NPm~Yt.VAI`d1.4 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. STEVEN R. SEIBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 31 $(p CIVIL TERM AFFIDAVIT I, Christopher E. Rice, Esquire, attorney for Plaintiff, hereby certify, that to the best of my knowledge, that the Confession of Judgment for Money attached is not being entered against a natural person in connection with a consumer credit transaction. ~~s.~ (;hristopher E. Rice, Esquire Sworn to and subsc 'bed before me this day of May, 2010. N a ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price. Notary Public Carlisle Boro, Cumberland 18 2011 My Commission Expires Aug. Member, Pennsylvania A3~oalatlan ~f Notrrrlee ~. Christopher E. Rice, Esquire ~1F THE p~r~.."~F`~~`~~Y Attorney I.D. No. 90916 ~~'a ~~,~ ~ ~ ~~ ~~. ~~ Seth T. Mosebey, Esquire Attorney I.D. No. 203046 r ~~'~+y ` ~~~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & F }~~ ~ i~t'l.Y~NfA P~:7~ ` . ;;.; i . MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1" FEDERAL CREDIT UNION, Plaintiff v. STEVEN R. SEIBERT, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 3 ~ g(p CNIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant Steven R. Seibert is not in the military service of the United States of America, that he has knowledge that Steven R. Seibert resides at 313 Ross Avenue, New Cumberland, Pennsylvania. C~ ~ ~ ~ Christopher E. Rice, Esquire Sworn to d subscribed before me this 1~}~day of May, 2010. ublic , COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Pricz, Notary Public Carlisle Born: ~~mberland County My Commissiar~ E~ires Aug. 18, 2011 Member, Pennsylvania Aseocletlon of Nobrl~s Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010 - 31$(o CIVIL TERM STEVEN R. SEIBERT, Defendant NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. N0.236 TO: Steven R. Seibert 313 Ross Avenue New Cumberland, PA 17070 You are hereby notified that on ~~. ~p ,judgment by confession was entered against you in the above-captioned case in favor of Members 1 S` Federal Credit Union as follows: Balance Costs of Suit Attorney Fees Total: Date: 5 / /o $23,193.79 $2,319.38 $25,513.17* rothonotary