HomeMy WebLinkAbout10-3501
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK, successor by CIVIL DIVISION
merger to THE LEGACY BANK,
Plaintiff NO. 10 - 5W 1 (-&M
VS.
SERVANT SUPPLY COMPANY d/b/a
CARTRIDGE WORLD OF CAMP HILL,
Defendant
I hereby certify that the last known address
of the Defendant(s) is/are:
Servant Supply Company d/b/a
Cartridge World of Camp Hill
55 Union qTTwrch Road
Dillsburg, A17019-9704
TYPE OF PLEADING:
PRAECIPE FOR JUDGMENT
FILED ON BEHALF OF:
FIRST NATIONAL BANK, successor
by merger to THE LEGACY BANK,
PLAINTIFF
COUNSEL OF RECORD OR FOR
THIS PARTY:
SCOTT A DIETTERICK, Esquire
Pa. I.D. #55650
KIMBERLY A. BONNER, Esquire
Pa. I.D. #89705
JAMES, SMITH, DIETTERICK &
CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
4A9.00 P b AT't-y
U:*8a.4g7
e,# a L4 J-(,43
Noce M"'i
- o rY
? cn =
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK, successor by CIVIL ACTION - LAW
merger to THE LEGACY BANK,
Plaintiff NO:
VS.
SERVANT SUPPLY COMPANY d/b/a
CARTRIDGE WORLD OF CAMP HILL,
Defendant
PRAECIPE TO ENTER JUDGMENT PURSUANT TO CERTIFICATION OF
JUDGMENT FROM YORK COUNTY
TO THE PROTHONOTARY:
Please enter a judgment in the above-captioned case in favor of Plaintiff and against
Defendant, SERVANT SUPPLY COMPANY d/b/a CARTRIDGE WORLD OF CAMP HILL, in
the amount of $129,813.42 with interest on the principal sum of the Note ($113,898.85) from
December 21, 2007 at $30.06 per diem, in accordance with the attached Certification of Judgment
from the Court of Common Pleas of York County, Pennsylvania.
JAMES, SMTfH, DIEITERICK & CONNELLY, LLP
Dated: May 17, 2010 By:
Scott A. Dietterick, Esquire
PA I.D. #55650
Kimberly A. Bonner, Esquire
PA I. D. #89705
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorneys for Plaintiff
s THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK, successor by
merger to THE LEGACY BANK
One FNB BLVD
Hermitage, PA 16148
Plaintiff,
vs.
SERVANT SUPPLY COMPANY d/b/a
CARTRIDGE WORLD OF CAMP HILL,
PAUL L. HOWELL and LILA V. HOWELL
Defendants
CIVIL DIVISION
CONFESSION OF JUDGMENT
Pursuant to the Warrant of Attorney in the Demand Note, modified by Amendment to
Note and further amenerde by Second Amendment to Note are attached to the Complaint filed in
this action, I appear for the Defendants and confess judgment in favor of Plaintiff and against
Defendants as follows:
Principal (through December 20, 2007) $113,898.85
Interest (through December 20, 2007) $ 3,563.45
Late Charges $ 465.90
UCC1 Satisfaction Fee $ 84.00
Sub-Total $118,012.20
Attorney's Fees and Costs (10% of the total amount due) $ 11,801.22
TOTAL NOTE $129,813.42
with interest on the principal sum of the Note ($113,898.85) from December 21, 2007 at $30.06
per diem.
JAMES, SMI, H D TTERICK & CONNELLY LL-P-..
BY: ' I [":
Scott A. ikt
Attorneys'or Defendants ---
PRO HAC VICE
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
CERTIFIED from the records of the Court of Common Pleas of
York County, Pennsylvania this_ %Zava
?Pamela S. Lee, Prothonotary'`
a `
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK, successor by CIVIL DIVISION
merger to THE LEGACY BANK
One FNB BLVD
Hermitage, PA 16148 t?
NO.:
Plaintiff,
vs.
SERVANT SUPPLY COMPANY d/b/a
CARTRIDGE WORLD OF CAMP HILL, TYPE OF PLEADING:
PAUL L. HOWELL and LILA V. HOWELL CIVIL ACTION - COMPLAINT IN
Defendants. CONFESSION OF JUDGMENT
TO: DEFENDANT(s) FILED ON BEHALF OF:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE First National Bank of Pennsylvania,
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS formerly known as
FROM SERVICE HE OF OR A DEFAULT JUDGMENT Promistar Bank, Plaintiff
MAY BE ENTERED A AINST YOU.
COUNSEL OF RECORD FOR
l THIS PARTY:
_ Scott A. Dietterick, Esquire
a Pa. I.D. #55650
ATTO , O , PL ]NTIFF
I HEREBY CERTIFY THAT THE ADDRESS :
OF THE PLAINTIFF IS: JAMES, SMITH, DIETTERICK &
One FNB BLVD CONNELLY, LLP
Hermitage, PA 16148 P.O. Box 650
AND THE DEFENDANT(S): Hershey, PA 17033 ,
Servant Supply Company d/b/a (717) 533-3280
Cartridge World of Camp Hill
55 Union Church Road
Dillsburg, PA 17019-9704
Paul L. Howell and Lila V. Howell -
55 Union Church Road
DillsbA 17019-97 4
J
-
P -
ATTO
Fblt
L TIFF :
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK, successor by CIVIL DIVISION
merger to THE LEGACY BANK
One FNB BLVD
Hermitage, PA 16148 NO.:? ?? -
Plaintiff,
vs.
SERVANT SUPPLY COMPANY d/b/a
CARTRIDGE WORLD OF CAMP HILL,
PAUL L. HOWELL and LILA V. HOWELL
Defendants.
CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT
And now comes First National Bank, successor by merger to The Legacy Bank ("Fiat=
National Bank"), by its attorneys, James, Smith, Dietterick & Connelly, LLP, files this
Complaint in Confession of Judgment as follows:
1. First National Bank ("Plaintiff'), is a financial institution under the laws of the
United States of America, with its principal place of business located at One FNB Boulevard,
Hermitage, PA 16184.
2. Defendant, Servant Supply Company d/b/a Cartridge World of Camp Hill.,
("Defendant Servent Supply") is a Pennsylvania Corporation with its principal place of business
located at 55 Union Church Road, Dillsburg, Pennsylvania 17019-9704.
3. Defendants, Paul L Howell and Lila V. Howell (collectively referred to as
"Defendant Howell") are adult individuals residing at 55 Union Church Road, Dillsburg,
Pennsylvania 17019-9704.
(hereinafter, Defendant Servant Supply and Defendant Howell will be collectively referred to,
e
from time to time, as "Defendants"). ?J
4. On or about December 18, 2006, Defendant Servant Supply executed and
delivered a certain Note in favor of Plaintiff in the original principal amount of $120,000.00.
` True and correct copies of said Note, containing a Warrant of Attorney authorizing judgment by
confession marked Exhibit "A" is attached hereto and made a part hereof:
On or about December 18, 2006, as security of the Note, Defendant Howell
executed and delivered to Plaintiff an Unconditional Guarantee ("Guarantees") irrevocably
guarantying and becoming surety for all present and future obligations of Defendant Servant
Supply to Plaintiff under the Note, which Guarantees authorizes judgment by confession. A true
and correct copies of the Guarantees, containing a Warrant of Attorney, is marked Exhibit "B",
attached hereto and made a part hereof.
6. Neither the Note nor the Guarantees thereof, have been released, transferred or
assigned.
7. Judgment has not been entered against the Defendants on the Note or Guarantees
in any jurisdiction.
8 Defendants are in default under the aforesaid Note and Guarantees for failure to
pay installments of principal and interest when due.
9. The judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction
10. The itemization of the amount due, including interest and attorneys' fees as
authorized by the Note is as follows:
Principal (through December 20, 2007) $113,898.85
Interest (through December 20, 2007) $ 3,563.45
Late Charges $ 465.90
UCC 1 Satisfaction Fee $ 84.00
Sub-Total ,t $118,012.20
Attorney's Fees and Costs (10% of the total amount due e '1101 `0
) $ 11,801.22
TOTAL NOTE $129,813.42
with interest on the principal sum of the Note ($113,898.85) from December 21, 2007 at $30.06
per diem.
WHEREFORE, Plaintiff as authorized by the Warrant of Attorney in the Demand Note,
demands judgment against the Defendants in the amount of $129,813.42 with interest on the
principal sum of the Note ($113,898.85) from December 21, 2007 at $30.06 per diem.
JAMES, SMITH, DIETTERICK & CONNELLY LLP
BY:
Scott A.
Attorneys kr Plaint;
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK, successor by CIVIL DIVISION
merger to THE LEGACY BANK :
One FNB BLVD
Hermitage, PA 16148 NO.: *? I
Plaintiff,
vs.
SERVANT SUPPLY COMPANY d/b/a
CARTRIDGE WORLD OF CAMP HILL,
PAUL L. HOWELL and LILA V. HOWELL
Defendants.
AFFIDAVIT OF BUSINESS TRANSACTION
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN :
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that to the
best of his knowledge, information and belief Note and Guarantees, original or copies of which
are attached to the Complaint filed in this action, were executed by the Defendants in
conjunction with a business transaction, and was not executed for consumer or household
purposes.
SWORN TO AND SUBSCRIBED BEFORE ME
THIS L DAY OF 2008.
Notary Public
MY COMMISSION EXPIRES:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MICHELLE ELLIOTT NOTARY PUBLIC
DERRY TOWNSHIP DAUPHIN COUNTY
MY COMMISSION EXPIRES JUNE -44
Exhibit "A"
0 9 ? ?d` " 05 iJ ;J ( „, t
Dec, z I. Luu 1 C; u]rivi
7 0 3C)w
XA 9\1X1.11 w1kiNryg 91)NINIBTA,?trov
U.S. Small Business Administration
NOTE
i
SBA Loan # PLP 260-553-e008
SBA Loan Narne Servant Supply Company dlb?a Cartridge World of Camp Hill
Oate December 18, 2008
Loan Amount $120,000.00
Interest Rate Variable
Borrower Servant Supply Compony dNa Catiridge World of Camp Hill
Oparaling
Crrripany
Lender Lapaey Bank 9 Dlvielon of First Natiorial Bank of Penneylvenla
1. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount. Of One Hundred Twenty Thoucand
00/100 Dollars, interest on the unpaid principal balance, and all other amnunts required by thin Note.
21 DEFINITIONS:
"Colfasteral means any property taken as.seourity. for payment of chds Note or any guarantee of this Nate.
"Guarantor" means each person or entity that signs a guarantee of payment of this Note.
"Loan" nneAns the loan evidenced by this Note.
"Loan Documents" means the documents related to this loan signed by Borrower, any Gu.rraraoi, or anyone who pledges
collateral.
"SEA" means the Small Ousiness Administration, an Agency of the United Stoles of America,
3. PAYMENT TERMS:
4E
Borrower must make nil payments at the place Lender designates. The 1payment terms for this Note ara:
The lnltisi interest rata is 8.50% per year tar 6 yoeru. Ttifs lititiat rate is the prime rate oti the date SBA received the tool] appllcation,
plus 1.25°/G The Interest rate on this Note will then beeln to fluctuate Be described below. The Inltfai Interest rate must remain in effect
until the firzt chungs period begins.
Borrower must pay principal and interest paymonts of .1 1,553,19 every month, beginning one month from rho month this
Note is dated: payments must bo made on the eighteenth calendar day in the months they are. due.
Lender will apply each installment payment first to pay Interest accrued to the (Jay Lender receives the payment, then to
bring principal current, than to pay any late tees, and will apply any remaining balance to reduce principal.
SBA FORM 147 (061031021 Vorsion 4.1
Ce?.21. 200 2 0"'NM
'V J. J I J I i
PROMISSORY NOTE
(Continued) Page 2
The interest rate will be adjusted every 5 years (the "change period").
The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate change occurs.
as published in the Wall Street Journal on the next business day.
The adjusted interest rate will be 2.00% above the Prime Rate, Lender will 9djust the interest rate on the first calendar day
of each change period. The change in interest rate Is effective on that day whether or not Lender gives Borrower notice. of
the changer.
Lender must adjuet the payment amount at least annually as needed to amortize principal over the remaining term of-the
note,
If SBA purchases the guaranteed portion of the unpaid principal halsnee, the interest rate becomes fixed at the rate in
etlect at the time of the earliest uncured payment default. If there is no uncured payment default; the rate becomes fixed
at the rate in offec:T at the time of purchase.
Loan. Prepayment:
Notwithstanding any provision in this Note to the contrary:
Borrower may prepay this Note. Borrower may prepay 20% or lose of the unpaid principal balance at any time without
notice. If Borrower prepaya more than 20% and the Loan has been sold on ilia secondary mirket, Borrower must:
a. Give Lender written notice;
b. Pay all accrued interest; and
c. If the prepayment is recoived less than 21 days from the date Lender receives the notice, pay an amount equal to 21
days' interest from the date lender receives the notice, less any interest accrued during the 21 days and paid under
subparagraph b„ above.
If Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give Lendar a new
notice.
All remaining principal and interest is due and payable 10 years from date of Note..
Late Charge: If a payment on this Note is more than 10 days late, Lerridcir may charge Bvrroweit a late fee, of up to. 6.00%
of the unpaid portion of the regularly scheduled payment.
4. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Noto, or if Borrower or
Operating Company;
A.. Fails to t10 anything required by this Note and other Loan Documents;
B. Defaults on arty other loan with Lender;
C. Does not preservA; or account to Lender's wisiaction for, any of the Collateral or its proceeds:
0. Does not disclose, or anyone acting on their behalf does not disclose: any material fact to I ender or SBA;
E. Makes, or anyone acting on their behalf makes, a materially fatso or misleading representation to Lender or SBA;
F. Defaults on any loan or agreement With another creditor, If Lender believes the default may materially affect
Borrower's ability to pay this Note;
G. Fails to pay any taxes when due: j``??,,?•f??r;)
H. Becomes the subject of a proceeding under any btarfCrupW??oIWinoy law;
1. Has a receiver or Ilcluidetor appointed for any part of their business or propertw;
J. Makes -wi assignment for the benefit of creditors:
K. Has any adverse change in financial condition or business operation that Lender believes miy materially effect
Borrower's ability to pay this Note;
L. Reorgani2es, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior
written consent; or
M. Becomes the subject of a civil or criminal action that Lender believes i150y materially effer„t Borrower's ability to pay
this Note.
5. LENDER'S RIGHTS IF THERE IS A DEFAULT:
SBA FORM 147 06/09102) V'eraion 4.1
De 7 2 0 0 7 2;03PM
PROMISSORY NOTE
(Continued)
Without notice or dernand and without,giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from any Borrower or Guarantor;.
C. File suit and obtain Judgement;
D. Take possession of any Collateral; or
E. Sell, lees,e, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement,
6. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender roay!
Page 3
,A.,. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it choosers;
B. Incur expenses to collect amounts duo under this Note, enforce the terms of this Note or any other Loran Document,
and ptaserve or dispose of the Collateral. Among other things, tho expenses may include payments for property
taxes, prior liens, insurance, appraisals, environmental remediatfon costs, and reasonable attorney's fees ond costs.
If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the expenses to the
principal balance;
C. Release anyono obligated to pay this Note;
0. Compromise, release, rdnew, extend or substitute any of the Collateral; and
E. Take any action necosaary to protect the Collateral or collect amount2 owing on this Note.
7. WHEN FEDERAL LAW APPLIES:
When SBA is tho holder, this Note will be interpreted and. enforced under federal law, Including SBA regulations. Lender or
SdA may use state or local procedures for filing papers., recording documents, giving. notice, foreclosing liens, and other
purposes. By using such prbc.eduren, SBA dogs not waive any federal immunity from state or local control, penalty, tax, or
liabilify, As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation,
defeat any claim of SBA, or preempt federal lave,
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors and
assigns.
9. GENERAL PROVISIONS:
A, All individuals and entities signing this Note are Jointly and aoverally liable.
Ei. Borrowerwaives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan bocumente and to enable Lender
to acquire, perfect, or maintain Lender's liens on Collateral.
D, Lender may exercise any of Its rights separatoly or together, as many times and in any order it chooses. Lender may
delay or forgo enforcing any of its rights without giving up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written tonmms of thin Note.
F. If any part of this Note is unenforceable, all other parts remain in effect.
G. To the extent allowed by law, Borrower waives all damandwe"dt-sr4ot' nnaction with this Note, including
presentment, demand, protest, and notice of dishonor. Borro 4 JJ a ? T"' ny tefenses based upon any ctainm
That Lender did not obtain any guarantee; did not obtain, perfect, or maintain a Ilan upon Collateral; impaired
Collateral; or did not obtain the fair market value of Collateral at a sale.
IO.STA7E-SPECIFIC PROV1SION.S:
CONFESSION OF .JUDGEMENT. BORROWER HEREBY INRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY
OR THE PROTHONDTARY OR CLERK. OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR CLSEWH5RE.
TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT
COMPLAINT FILED, CONFESS OR ENTER JUDGEMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL SALANCEOF
SEA FORM 147 (QGM3102) Version A. 1
Uec. LI. LtIU,' L;U1rivl
PROMISSORY NOTE
(Continued) Pago 4
THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED
BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN
ATTORi'IEY'S COMMISSION OF TEN PERCENT (10%)OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST
FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH,JUDGEMENT OR
JUDGEMENTS ONE OR MORE BE EXECUTIONS MAY iSSU.E IMMEDIATELY; AND FOR-SO DOING, THIS NOTE OR A COPY
OF TH1S. NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT, THE AUTHO=RITY GRANTED IN THIS NOTE;
TO CONFESS JUDGEMENT AGAINST BORROWER SNALI.L NOT SE EXHAUSTED, BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL
AMOUNTS DUE UNDER THIS NOTE, BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR
TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGEMENT AND STATE THAT EITHER A
RE=PRESENTATIVE OF LENDER SPECIFICALLY CULLED THIS CONFESSION OF' JUDGEMENT PROVISION TO RORROVJERS
ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDANT LEGAL COUSEL.
1 1,BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity I)acomes obligated under this Note as Borrower,
BORROWER:
SERVANT SUP OMPANY DCARTRIDGE WORLD Or CAMP HILL
J,w
By:_'?.x? 19enli By: ,?,r ?-z 4}.. dr k ,.4•' (Seal).
haul L. Howell, Prexldant ol Servant Supply ita V. Howell, V1ce President of 5arv0ns Supply
Company d1 ble Cartrldge World of Camp Hill Compsny d'lbia Cartridge World of Camp Hill
j ?. s„ ?n
SBA FORM 147 106t=021 Version 4,1
Exhibit "B"
e
Dec. 11. 1UUr mi
r
IM °r,UL1. At?Snrr? hr}t1A r8TR14tnr+
U,S. Small Business Administration
UNCONDITIONAL GUARANTEE ;
SBA Loan # PLP 260.553.6:009
SSA Loan Name Servant Supply Company ftht Canrldge World of Camp Hill
Guarantor Paul L. Howell
Borrower Servant Supply Company dibla Cartridge World of Camp Hill
Lender Legacy Bank a Division of First National Bank of Pennsylvlrlla
Dwe December 18, 2006
Note Alrount s12o,000.00
1 GUARANTEE:
Guarantor unconditionally guarantees payment `to Lander of all amounts owing under the Note. This Guarantee remains In
effect until the Note is paid In full. Guarantor must pay all amounts due under the Note when Lender make` written
demand upon Guarantor. Lender is not required to seek payment from any other source before demanding paymont front
Guarantor,
2. NOTE::
The "Note" is the promissory note dated December 18, 2006 In the principal amount of One Hundred Twenty Thousand &
001100 Dollarm, from Borrower to Lender. It includes any assurnption, renewal, substitution, or replacement of the Notre, and
multiple notes under a line of credit.
3. DEFINITIONS:
"Collateral" meads any property Taken as security for payment of the Note or for any guarantee of the Now
"Loan" means the loan evidenced by the Note.
"Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone who pledges Collateral,
A? pp, A
"SBA" means the Small Business administration, an Agency,.km ANN! 1414 Was of America,
4. LENDER'S GENERAL POWERS;
LorK.i.er may take any of the following actions at any time, wlthout notice, without Guarantor's consent, and without
making demand upon Guarantor:
A. Modify lho tarrrrs of the Note or any other Loan Document except to increase the amounts due under the Note;
B. Refrain from taking any action on the Note, the Collateral, or ally guarantee;
C. Ralease any Borrower or any guarantor of the Note;
D. Compromise or settle with the Borrower or any guarantor of the Note;
SBA Form 1413 (1013)31 previous oditlons obsolete
Dec, 21. 2 107 2.04FM
SBA GUARANTEE
(Continued)
IVO. 7IJI r,
Page 2
_ry -ypMpyyy,iT-_??""??1heGC16:1.
E. Substitute or release any of the Collateral, whether or not Lender receives anything in return:
F. Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without
advertisement:
G. Bid or buy Fit any sale of Collateral by Lender or any other lienholder, at any prioe Lander chooses; and
H. Exercise any rights It has, including those in the Nbta and outer Loan Documents,
Theae actions will not release. or reduce. the obligations of Guarantor or create .any rights or claims against Lander.
FEDERAL LAW:
When SBA is the holder, the Note and this Guarantee will be construed and enforced under federal law, including SBA
regulations. Lender or SBA may use state or local procedures for filing papers, recording documtints, giving notice,
foreclosing Ilerts, and other purposes. By using such prooedures, SBA does not waive any federal Immunity from state or
local control; penalty, tax, or liability., As to this Guarantee, Guarantor may not claim or assert any local or state law
against 68A to deny any obligation, defeat any claim of SBA, or preempt federal law.
6, RIGHTS, NOTICES: AND DEFENSES THAT GUARANTOR WAIVES:
To the extent permitted by law,
A. Guarantor waives all rights to:
1) Require p.reseRUrnent, protest, or demand upon Borrower;
2) Redeem any Collateral before or after Lender disposes of it;
3) Have any disposition of Collateral advertised; and
4) Require a valuation of Collateral before or after Lender disposes of it.
8. Guarantor waives any notice of;
1) Any default under the Note;
2) Presentment, dishonor, protest, or dernwid;
3) Execution of the Note;
4) Any action or Inaction on the Note oc Collateral, such as disbursements, payrnant, nonpayment, acceleration,
Invent to accelerate, assignment, collection activity, and incurring enforcement expenses;
5) Any change in the financial condition or business operations of Borrower or an•y guarantor;
6) Any changes in the terms of the Note or other Loan Documents, except. Increases in ilia amounts due under the
Note, and
7) The time or place of any sale or other disposition of Collateral,
C. Guarantor waives defonses based upon any tlalm that:
1) Lander failed to obtain any guarantee;
21 Lender failed to obtain, perfect, or maintain a security interest In any property offered or taken as (;ollateral;
31 Lendar or others improperly valued or inspected the Collateral;
4) The Collateral changed in value, or wag neglected., lost, destroyed, or underinsured;
51 Lender impaired the Collateral:
61 Lenclar did. not dispose of any of the Collateral;
71 Lender dirt not conduct a commercially reasonable sat "; f r t
;'Jtt
8.) Lender did not obtain the fair market value of, the Coll Or j v L .t ,
9) Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the Note;
10)The financial condition of Borrower or any guarantor was overstated or has advereely changed;
1:11 Lander made errors or omissions In Loan Documents or trdrninlstration of the Loan;
12)Lender did not seek payment from the Borrower, any other guarantors, or any Collatoral before domandiog
payment from Guarantor;
13) Lander impaired Guarantor's suretyship rights;
141Lender modified the Note terms, other than to increase amounts due under the Note. If Lender rtaedifirs the Note
to increase the amounts duct under the Note without Guarantor's consent, Guarantor will not be liable for the
increased amounts and related interest and expensaa, but remains liable for all other amounts;
15) Elarrower has avoided liability on the Note; or
16) Lender has taken an action allowed under the Note, this Guarantee;, or other Loan Documents.
SBA f=orm 148 11019fl) Pre%no.uA editions obsolete
Dec. 21. 200/ 2.U4hM
S.BA GUARANTEE
(Continued)
7. DUTIES AS TO COLLATERAL:
Page 3
Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve or
dispose of any Collateral.
8. SUCCESSORS AND ASSIGNS:
Under This Guarantee, Guarantor includes heirs and successors, aiA Lender Includes its. successors and assigns.
9, GENERAL PROVISIONS;
A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lander incurs to enforce this Guarantee,
Including, but not Limited to, attorney's fees and costs.
B, SEIA NOT A CO-GUARANTOR. Guarantor's liability will continue even if SEA pays Lender. SERA is not a
co-guarantor with Guarantor. Guarantor has no right of corivibution from SBA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is paid
in f ull.
D. JOINT AND SEVERAL LIABILITY. All Individuals and entities signing as Guarantor are jointly and severally liable.
9. DOCUMENT SIGNING. Guarantor must sign 611 documents necessary at any time to comply with the Loan
Documents and to enalile Lender to acquire, perfect, or maintain Lender's liens on Collateral.
F. FINANCIAL S"fATEMENT.S. GUarsmor must give Lender financial statements aS Lender requires.
G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or together, as
many timas as it ahooses. Lender may delay or forgo enforcing any of its righle without losing or irnpeiring any of
them.
H. ORAL STATEMENTS NOT BINDING. Guarantor may not LISA an oral statement to contradict or alter the wrluon
terms of the Note or this GUBrantoe, or to raise a defence to this Guarantee,
I, SEVERABILfTY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect.
J. CONSIDERATION. The consideration for this Guarantee is the Loan or any accorrmmodadon by Lander as to the
Loan.
10,STATE=SPECIFIC PROVISIONS:
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 SECURITY THE INDEBTEDNESS, TOGETHER
WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL.
BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS
i$5001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY, AND FOR SO
DOING., THIS GUARANTY OR A COPY OF THIS GUARANTY VERI 4 XMINST SHALL BE SUFFICIENT WARRANT.
THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS `WW GUARANTOR SHALL NOT BE
EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL. CONTINUE FROM TIME TO TIME AND AT ALL
TIMES UIJTIL PAYMENT IN FULL OR 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 BE-PRESENTED BY
INDEPENDENT LEGAL COUNSEL,
DISC CDJ GTY, An exhibit, titled "DISCLOSURE OIL CONFESSION OF JUDGEMENT," is attached to this Unconditional
Guarantors and by this reference is made a part of this Unconditional Guarantee just as if all the provisions, terms and
conditions of the Exhlbli had been fully set forth in this Unconditional Guarentoe,
SdA Fenn 14:1 (10198) Previous editions ohcorete
UEC, LI. LUUI L:U4riW
SBA GUARANTEE
(Continued) Page 4
1 ].GUARANTOR ACKNOWLEDGEMENT OF TERMS:
GUAralttor acknowledges [flat Guarantor has read and understanda the significance of all terms of the Note and this
Guarantee, in(Juding all Waivers.
THIS UNCONDITIONAL GUARANTEE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS UNCONDITIONAL GUARANTEE IS AND
SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT' ACCORDING TO LAW.
(SP)ARANTOR NANIE(SI AND sIGNATURE(S):
Sy signing below, each individual or aunty becomes ohfigated as Guarantor udder this Guarantee,
GUARANTOR:
'r Ile
Paul L.. ow&fl
U Z,
i
t` 7 r"'qr
( 1 ' e- v 3 i V V J J. j,
SSA Form 1:48 (10/481 ProviGu. oditions obsolete-
DEC. 11. 2001 2:0? M IVV. ),, . „)
DISCLOSURE OF CONFESSION OF JUDGEMENT
Borrow.et,, Servant Supply Company cUbla C6rtrldge World of
Canip Hill
66 Unlon Clwirch Road
Dfllsburg, PA 1.7019
Guarantor: Paul L. Howell
66 Union Church Road
Dillsburg• PA 17018
Lender: Legacy. 840 a Division of Elrst National Ronk of
pennsyluatile
Cornnterclal Lending
One FNQ BLVD
Hermitage, PA 96148
This DISCLOSURE OF CONFESSION OF JUDGEMENT le atuched to and by this reference Is made a part of the SEA Guarantee, dated
December 1R, 2006; and executed in connectlon with a loan or other flnonclal rccurnmodations between LEGACY BANK A DIVISIUN OF
FIRST NATIONAL DANK OF PENNSYLVANIA and Servant Supply Company dlbla Caruldgo World of Camp HIII.
1 hereby acknowledge that I am executing the following document ("Document") related to a loan or other credit
accommodation to the above Borrower which contains a Confession of Judgment provision:
I I Promissory Note I X i Guaranty Agreement
1. I understand that the Document contains a confession of judgment provision that would permit the
Lender to enter judgment against me in court without advance notlce to me and without offerlnq me the
ol1portunity to defend against the entry of the judgment. In executing the Document, being fully aware of my
rights to advance notice and a hearing to contest the validity of any, judgment or other claims that Lender may
assert against me under the Document, I hereby knowingly, Intelligently and voluntarily waive these rights,
including, without limitation, any right to advance notice Qf the entry of judgment. Further, I hereby ex.prexsly
agree and consent to Lender's entering judgment against me by confession as provided in the confeesion of
judgment provision set forth in the Document.
2. 1 further understand that in addition to giving Lender the right to enter jud ment against me without
advance notice or a hearing, the confession of judgment provision in the Document also contains language that
would permit Lender, after entry of judggment, without either advance notice or a hearing, to execute on the
judgment by attaching, levying, gai'nlstring, foreclosing upon, ta.k'ing: possession, or otherwise seizing my
property,. wheth$r real, personal or mixed, .ui order. to obtain full or partial payment of the Judgment so, entered.
In exec'utrng the Document, I am fully aware of my rights. to advance notice and a hearing after juegivient is
entered before. execution on the judgment and I hereby knowingly, intelligently and voluntarily waive these
rights, Further, I expressly agree and consent to Lender, in its sole and absolute discretion, to immediately or at
any time to execute on the judgment, in any manner permissible under applicable state and Federal laws, without
any advance notice to me'.
MY EXECUTION OF THIS DISCLOSURE CERTIFIES THAT 1 WAS EITHER REPRESENTED BY MY OWN LEGAL
COUNSEL IN CONNECTION WITH THE TRANSACTION RELATED TO THE DOCUMENT, OR THAT I HAD THE
CONFESSION OF JUDGMENT PROVISION IN THE DOCUMENT DISCLOSED SEPARATELY TO ME BY A
REPRESENTATIVE OF LENDER. FURTHER, THIS DISCLOSURE, OR A COPY THEREOF, SIGNED BY ME SHALL
BE CONCLUSIVELY PRESUMED BY ANY COURT OF COMPETENT JURISDICTION TO INDICATE MY KNOWING,
INTELLIGENT AND VOLUNTARY WAIVER OF THESE RIGHTS.
Signed, acknowle an delivered In the presence of:
Witness: Witness:
THIS DISCLOSURE OF CONFESSION OF JUDGEMENT IS EXECUTED ON DECE=MBER 18, 200
GUARANTOR: , f`'tr i r,
Paul L. HDW64
LENDER:
LEGACY 138, ?A 04VISION OF FIRST NATIONAL BANK OF PENNSYLVANIA
X
or
W/LM1',gp cum C$. t,4,•?F•M1,_-4,.{.b{1.in,. ,.mmwpsr?en,trtUa>n•IrVa 19.5W.
Dec. 21, 2001 2;04PM
r 14
UAL WWI BUSIXV?s ADAWRTRATIMC
U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
9i Mal
SBA Loan it PLP 260-663.8009
SBA Loan Nanre Servant Supply Company dlbla Cartridge WVerld of Camp Hill
Guarantor Lila V. Ho:wall
Borrower Servant Supply Corripanyd/b/a Cartridge World of Canrp Hill
Lender Leancy Bank a. Division of First National Bank of Pennsylvania
Date December 18, 2006
Note Amount $120,000.00
1. GUARANI rEE:
Guarantor unconditionally guarantees Payment to Lender of all amounts owing under. the Note.. This Guarantee remains io
effect until the Note is paid in full, Guarantor must pay a!I amounts due under the Note when Lender makes Written
demand upon Guarantor. Lender is not required to seek payment from any. other source before demai-Ming payrfiew from
Guarantor,
2. NOTE:
The "Note" is the promissory note dated December 18, 2006 in the principal ambunt of One Handred Twonty Thousand &
00/100 Dollars, from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and
multiple notes under a line of credit.
3. DEFINITIONS,
"Collateral" means any property taken as security for payment of the Note or for any guarantee of the Note.
"Loan" means the loan evidenced by the Note,
"Loan Document" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone %{,ho pledges Collateral.
"SBA" rneans the Sm811 Business Adminlstration, an Agency of the UMt?tl ?tlYt?B'JOr literica.
4. LENDER'S GENERAL POWERS.
Lender may tako any of the following actions at any time, without notice, without Guaranto.r's ronoent, and without
making de nand upon Guarantor;
A. Modify the terms of the Note or any other Loan Docunnoot except to increase the amounts due under the Note;
8, Refrain from taking any action on the Nate, the Collateral, or any guaranter3;
C. Rerloase any Borrower or any guarentor of the Note;
0. Compromise or settle with the Borrower or any guarantor of the Note;
SBA Form I d8 1101981 Prevfoxrs oditlom obsoleta
UeC. 11. 20J )/ 2:I)4rm
iv., ) I j I II i)
SBA GUARANTEE.
(.Continued) Page 2
E, Substitute or release ahy of the Collateral, whether or not Lender receives anything in ret on;
F. Foreclose upon or otherwise obte.in, and dispose of, any Collateral at public or private sale, with or without
advertisement,
G. Bid or buy at an.v gale of Collateral by Lender or any other lienholder, at arty price Lender chooses; and
H. Exar•cise any rights it has, including those In the Note end other Loan Documents.
These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender.
5. FEDERAL LAW:
When SBA is the holder, the Note and this Guarantee will be construed and enforced under federal law, including SBA
regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice,
foreclo8ind lions, and other purposes.. By using such procedures, SBA does not waive any federal immunity from state or
local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law
against SBA to deny any obligation, defeat any claim of SEA; or preempt federal law.
8, RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES;
To the extent permitted by law,
A. Guarantor waives all rights to.,
11 Require presentment; `protest, or derrnand upon Borrower;
2) F,edearn any Collateral before or after Lender disposos of it;
3) Have any disposition of Collateral advertised;. and
4) Require in valuation of Collateral before or after Lender di.-poses of it.
B. Guarantor waives any notice of:
11 Any default under the Note;
2) Presentment, dishonor, protest, or demand;
3) Execution of the Note;
4) Any action or Inaction on the Note or Collateral, such as disbursements, payment, nonpayment, acceleration,
intent to accelerate, assignment, collection activity, and Incurring enforcement expenses;
51 Any change in the financial condition or business operations of Borrower or any guarantor;
6) Arty char0as in the toxins of the Note or other Loan Documents, except increases in the amounts due under the
Note; and
i
7) The time or place of any sale or other disposition of Collateral,
C. Guarantor waives defenses based upon any claim that;
11 Leader failed to obtain any guerantee;.
2) Lender failed to obtain, perfect, or maintain a security interest in any property o'ft.ored or taken as Collateral;
31 Lender or others improperly valued or inspected the Collateral;
4) The Collateral changed in value, or was neglected, lost, destroyed, or underinsured;
61 Lender impaired the Collateral;
6) Lender did not dispose of any of the Collateral;
7) Lender did not conduct a commercially rearronable, sale;
8) Lender did not obtain the fair market value, of the Cella+??.?
9) Lender did not make or perfect a claim upon the death fjf? i t F 0 ewer or any guarantor of the Note;
10) The financial conditlerl of Borrower or any guarantor was overs 00 h e adversely changed;
11) Lender made errors or amisslons in Loan Documents or administration of the Loan;
12)Lender did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding
payment from Guarantor;
131 Lender impaired Guarantor's suretyship rights;
14) Lemder modified the Note terms, other than to increase amounts due under the Note. If Lender modifies the Note
to increase the amounts due under the Note without Guarantor's consent, Guarantor will not be liable for the
increased amounts and related Interest and expenses, but remains liable for all other amounts;
15) Borrower has zwoldrd liability on the Note; or
16) Lender has taken an action allowed under the Note, INA Guarantee, or o0ar Loan Documents.
SBA form 146 (101921 Previous editions obaolate
Dec, 21. 2007 2:04PY
SBA GUARANTEE
(Continued)
7. DUTIES AS TO COLLATERAL:
Page 3
Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantees. Lender has no duty to preserve or
dispose of any Collateral.
B. SUCCESSORS ANO ASSIGNS:
Under this Guarantee, Guarantor includes heirs and successors, and Lender Includes its successors and asgigns.
9; GENERAL PROVISIONS:
A. ENFORCEMENT EXPENSES, Guarantor promises to pay all expenses Lender incurs to onforce this Guarantee,
including, but not Iloiltad to, auomey's fees and coats,
B. SBA NOT A CO-GUARANTOR, Guarantor's (lability will continue even if SBA Pays Lender, SBA is not a
co-guarantor with Guarantor, Guarantor has no right of contribution from SBA,
C, SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collarer'ai until the Noto is paid
in full.
D. JOINT AND SEVERAL LIABILITY. All individuals and ontjties signing as Guarantor are jointly and severally liable.
E. DOCUMENT SIGNING. Guarantor must sign rill documents necessary at any time io comply with the Loan
Doouments and to enable Lender to acquire, perfoot, or maintain Lender's liens on Collateral.
F. FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender rpquires.
G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED, Lender.msy exercise any of Its rights sepatataiy or together, as
many times as it chooses. Lender may daby. or forgo enforcirig any of its rights without IoMnq or impairing any of
them.
H. ORAL STATEMENTS NOT FUNDING. Guarantor may not use an oral statement to contradict or alter The written
tarfits of the Note or this Guarantee, or to raise a defense to this Guarantee.
1. SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all other parts will remaln in effect..
J. CONSIDERATION. The consideration for this Guarantee is the Loan or any aoeommodation by Lender as to the
Loan.
10,STATE,SPECIFIC PROVISIONS:
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
V(ITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARAN?OR 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 SECURITY THE INDEBTEDNESS, TOGETHER
WITH COSTS OF SUIT, AND All ATTORNEY'S COMMISSION OF TEN PERCENT (10°6) OF THE UNPAID PRINCIPAL
BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT 140T LESS THAN FIVE HUNDRED DOLLARS
05001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO
DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY V.E IT SHALL BE SUFPICIENT WARRANT.
THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFES 7=4AINST 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 OR 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 Ell HER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION
OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY
INDEPENDENT LEGAL COUNSEL.
DISC COJ GTY, An exhibit, titled "DISCLOSURE OF CONFESSION OF JUDGEMENT," is attached to this Unconditional
Guarantee and by rhis reference is merle, apart. of this Unconditianal Guarantee just. as if all the Nrovislons., terms and
condaTions of the Exhibit had been fully set forth in (hits Unconditional Guarantee .
110.;1 r. !z
S8A Foml 146 1101981 Previous editions 06SOIute
Dec, 21. 2001 2:04PY
IV O. j I ) I
SBA GUARANTEE
(Continued) Rage 4
1 1.GUARANTOR.ACKNOWLEDGEMENT OF TERMS:
Guarantor rcknowledg.es chat Guarantor has read and understands the blgni(icance of all terms of 41e Note and thin:
Guarantee, including all waiVflrS.
THIS UNCONDITIONAL GUARANTEE IS GIVEN UNDER SEAL .AND IT IS INTEr1DED THAT THIS UNCONDITIONAL GUARANTEE IS AND
SHALL CONSTITUTE AND HAVE THE EFFECT OF.A SEALED INSTRUMENT ACCORDING TO LAW,
GUARANTOR NAME(SI AND SIGNATUREIS):
By signing below, each individual or entity a comes obliomod as Guarantor undar thls Guarantee,
GUARANTOR;
X • + i ?. (Seal)
L-" V. Howell
itj 4(? Ase 3
J
SBA Form 148 (10198) PrCVIDUS editions ObScIeto
Dec.21, 2007 2.05PM
DISCLOSURE OF CONFESSION OF JUDGEMENT
Borrower: Servant Supply Company dlbla Cartrldgo World of
Camp Hill
65 Union Church Road
Dill burg, PA 77079
Guarantor. Lila V. Howell
66 Uhlo.n Church Road
0111t 4urg, PA 17019
loo. D I ? I r71 Lender: Legacy Sank a DhArlon of First Natlonal Bank of
Pennsylvania
Commercial Lending
One FNB BLVD
Hermlto.ge, PA 16148
ThlS DISCLUSURE OF CONFESSION OF JUDGEMENT la attached to and by this reference Is made a pert of the SBA GuUmIA20, dated
December 18, 2006, and executed lit connection with a loan or other financial accommadat)orts between LEGACY SANK A DIVISION OF
FIRST NATIONAL BANK OF PENNSYLVANIA and Servant Supply Company d(bta Carrrldge World of Camp HiR.
I hereby acknowledge that I al-n executing the following document ("Document") related to a loan or other credit
aecon,modition to the above Borrower which contains a Confession of Judgment provision:
( j Promissory Note [ X ] Guaranty Agreement
1. l understand that the Document contains a confession of judgment provision that would permit the
Lender to enter judgment against me in court without advance notice to me and without offering me the
opportunity to defend against the entry of the judgment. In executing the Document, being fully awaro of my
rights to advance notice and a hearing to contest the validity of anyy judyment or other claims that Lender may
assert against me under the Document, I hereby knowingly, Intelligenfly and voluntarily walve these rights,
ilicludling, without limitation, any right to advance notice of the entry of judgment. Further, I hereby expressly
agree and consent to Lender's entering judggment against me by confession as provided in the confession of
judgnlent provision set forth In the Document.
2. l further understand that in addition to giving Lender the right to enter judgment against me without
advance notice or a hearing, the confession of judgment provision in the Document also contalnr, language that
would hermit Lender, after entry of Judggment, without either advance notice or a hearing, to execute on the
judgment by attaching, levyin?, garnisFning, foreclosing upon, taking possession, or otherwise seizing my
roperty, whether real, persona or mixed, fn order to obtain full or partial payment of the judgment so entered.
Pt executing the Document, I am fully aware of my rights to advance notice and a hearing after judgment is
entered before execution on the Judgment and I hereby knowingly, Intelligently and voluntarily waive these
rights. Further, I expressly agree and consent to Lender, In its sole and absolute discretion to immediately or at
any time to execute on the judgment, in any manner permissible under applicable state and federal laws, without
any advance notice to me.
MY EXECUTION OF THIS DISCLOSURE CERTIFIES THAT i WAS EITHER REPRESENTED BY MY OWN LEGAL
COUNSEL IN CONNECTION WITH TH,E.TRANSACTION RELATED TO THE DOCUMENT, OR THAT 1 HAD THE
CONFESSION OF JUDGMENT PROVISION IN THE DOCUMENT DISCLOSED SEPARATELY TO ME BY A
REPRESENTATIVE OF LENDER. FURTHER, THIS DISCLOSURE, OR A COPY THEREOF, SIGNED BY ME SHALL
BE CONbLLJSiVELY PRESUMED BY ANY COURT OF COMPETENT JURISDICTION TO INDICATE MY KNOWING,
INTELLIGENT AND VOLUNTARY WAIVER OF THESE RIGHTS.
Signed, acknow d9 d a nd livered in the presence of:
Witness: Witness:
THIS DISCLOSURE Of CONFESSION OF JUDGEMENT is EXF,cU•rED ON DECEMBER 1R, 2006,
GUARANTOR:
t ) t i l' 1,` ,? ?
J( .iJ?f.f (Seal)
Lila V. Howell
LENDER:
1VISIPN OF FIRST NATIONAL BANK OF PENNSYLVANIA
LL"CAGY B{kfQK)A Q
.OEM •ho i+onu, ?• ]]. m.S]i C,e •,n..:e rn•.•:r ii?.p.. r. ?•.: ic1',.:r-t4 •i h?bM• ••,.u•n. , u,, ?aenr,,:n,ouiu•cu,exi•E?,e
VERIFICATION
I, Raymond G. Metz, Special Assets Officer for First National Bank, depose and say
subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities
that the facts set forth in the foregoing pleading are true and correct to the best of my
information, knowledge and belief.
Raymond`. Moi
f r ;n o A xr
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK, successor by CIVIL DIVISION
merger to THE LEGACY BANK ;
One FNB BLVD
Hermitage, PA 16148 NO.: 6 ? (Jb UAS
Plaintiff, v I
vs.
SERVANT SUPPLY COMPANY d/b/a
CARTRIDGE WORLD OF CAMP HILL,
PAUL L. HOWELL and LILA V. HOWELL
1-fu
Defendants
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights
To: Lila V. Howell 55 Cat -k-,; Lk-i ?2C.-
?
A judgment in the amount of $129,813.42 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 IIb
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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
York Legal Referral
137 E. Market Street
York, PA 17401
Phone (717) 854-8755
JAMES,
By:
& CONNELLY LLP
Sd?ttJAy D.ifttericR' Esquire
Atto+?r-?ney I.D.#55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA PERSONAL SERVICE BY SHERIFF OF YORK COUNTY
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK, successor by CIVIL DIVISION
merger to THE LEGACY BANK
One FNB BLVD ;
Hermitage, PA 16148
Plaintiff NO.:
vs.
SERVANT SUPPLY COMPANY d/b/a
CARTRIDGE WORLD OF CAMP HILL,
PAUL L. HOWELL and LILA V. HOWELL
Defendants.
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights
To: Servant Supply Company 6
A judgment in the amount of $129,813.42 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
York Legal Referral ;
137 E. Market Street -
York, PA 17401
Phone (717) 854-8755
:
RICK & CONNELLY LLP
-
Bk, Esquire650
RVttomeyI.Dt#55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA PERSONAL SERVICE BY SHERIFF OF YORK COUNTY
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK, successor by CIVIL DIVISION
merger to THE LEGACY BANK
One FNB BLVD ;
Hermitage, PA 16148 ; NO.:
Plaintiff,
vs.
SERVANT SUPPLY COMPANY d/b/a
CARTRIDGE WORLD OF CAMP HILL,
PAUL L. HOWELL and LILA V. HOWELL
Defendants.
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights
To: Paul L. Howell SS Lkn+c>'1 C K- ?r CJ,, Eck
PA nwct
A judgment in the amount of $12,813.42 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ;
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
York Legal Referral
137 E. Market Street =
York, PA 17401
Phone (717) 854-8755 µ
& CONNELLY LLP
By:
Aftorhey I.D.#55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA PERSONAL SERVICE BY SHERIFF OF YORK COUNTY
dsr YORK COUNTY PROTHONOTARY Page 1 of 3
4/1612010
2008-NO-000688-30
FIRST NATIONAL BANK vs. SERVANT SUPPLY COMPANY
Action
02/01/2010 PRAECIPE FOR WRIT OF EXEC/PERSONAL 04583 6
PROPERTY TO DAUPHIN CO SHF
09/24/2009 PRAECIPE FOR WRIT OF EXEC/PERSONAL 5
PROPERTY TO YORK CO SHF
GARN ADDED: HAMPDEN CENTER INC
03/14/2008 *SHERIFF RETURN OF SERVICE COMPLAINT IN 04087
CONFESSION OF JUDGMENT SERVED
(Volume: 00039-Blip: 00389 )
UPON SERVANT SUPPLY COMPANY DBA CARTRIDGE
WORLD OF CAMP HILL & PAUL L & LILA V HOWELL
ON 3/4/08
YORK CO SHFS COSTS: $81.72
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON 04452
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578 )
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D001 DEFT >SERVANT SUPPLY COMPANY
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578)
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D001 DEFT >SERVANT SUPPLY COMPANY
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578)
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D002DEFT >CARTRIDGE WORLD OF CAM
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578)
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D002DEFT >CARTRIDGE WORLD OF CAM
dsr
YORK COUNTY PROTHONOTARY Page 2 of 3
4/1612010
2008-NO-000688-30
FIRST NATIONAL BANK vs. SERVANT SUPPLY COMPANY
Action
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON 04452
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578 )
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D003DEFT >HOWELL, LILA V
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578)
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D003DEFT >HOWELL, LILA V
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578)
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D004DEFT >HOWELL, PAUL L
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578)
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D004DEFT >HOWELL, PAUL L
02/21/2008 *FILING FEE 06927
(Volume: 00026-Blip: 00578 )
02/21/2008 *JUDGMENT CONFESSED PURSUANT TO WARRANT 04307
OF ATTY
(Volume: 00026-Blip: 00578 )
02/21/2008 *AFFIDAVIT RE: NON-CONSUMER CREDIT 05164
TRANSACTION
(Volume: 00026-Blip: 00578)
02/21/2008 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032
FILED 02-21-08
(Volume: 00026-Blip: 00578 )
02/21/2008 *AFFIDAVIT OF BUSINESS TRANSACTION 04505
(Volume: 00026-Blip: 00578 )
dsr
YORK COUNTY PROTHONOTARY Page 3 of 3
4/16/2010
Action
Party Name
D- SERVANT SUPPLY COMPANY
D- CARTRIDGE WORLD OF CAMP HILL
D- HOWELL, LILA V
D- HOWELL, PAUL L
G- HAMPDEN CENTER INC
P- FIRST NATIONAL BANK
P- LEGACY BANK
Afty Name
DIETTERICK, SCOTT A
DIETTERICK, SCOTT A
Total Number of Pages : 11
dw
YORK COUNTY PROTHONOTARY Page 1 of 3
5/19/2010
2008-NO-000688-30
FIRST NATIONAL BANK vs. SERVANT SUPPLY COMPANY
Action
02/01/2010 PRAECIPE FOR WRIT OF EXEC/PERSONAL 04583 6
PROPERTY TO DAUPHIN CO SHF
09/24/2009 PRAECIPE FOR WRIT OF EXEC/PERSONAL 5
PROPERTY TO YORK CO SHF
GARN ADDED: HAMPDEN CENTER INC
03/14/2008 *SHERIFF RETURN OF SERVICE COMPLAINT IN 04087
CONFESSION OF JUDGMENT SERVED
(Volume: 00039-Blip: 00389 )
UPON SERVANT SUPPLY COMPANY DBA CARTRIDGE
WORLD OF CAMP HILL & PAUL L & LILA V HOWELL
ON 3/4/08
YORK CO SHFS COSTS: $81.72
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON 04452
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578 )
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D001 DEFT >SERVANT SUPPLY COMPANY
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578 )
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D001 DEFT >SERVANT SUPPLY COMPANY
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578 )
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D002DEFT >CARTRIDGE WORLD OF CAM
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578 )
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D002DEFT >CARTRIDGE WORLD OF CAM
N
0
y
a
e
a
U
o °
? cv
? a
h
°
o
o?
J
? C
o
U ?
U yo c?v
f V
4" 1
dw
YORK COUNTY PROTHONOTARY Page 2 of 3
5/19/2090
2008-NO-000688-30
FIRST NATIONAL BANK vs. SERVANT SUPPLY COMPANY
Action
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON 04452
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578 )
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D003DEFT >HOWELL, LILA V
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578 )
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D003DEFT >HOWELL, LILA V
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578 )
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D004DEFT >HOWELL, PAUL L
02/21/2008 *COMPLAINT AND CONFESSION OF JUDGMENT ON
NOTE=DATED 12-18-2006
(Volume: 00026-Blip: 00578 )
JUDGMENT AMT: $129,813.42
DEBTOR(S):
<D004DEFT >HOWELL, PAUL L
02/21/2008 *FILING FEE 06927
(Volume: 00026-Blip: 00578 )
02/21/2008 *JUDGMENT CONFESSED PURSUANT TO WARRANT 04307
OF ATTY
(Volume: 00026-Blip: 00578 )
02/21/2008 *AFFIDAVIT RE: NON-CONSUMER CREDIT 05164
TRANSACTION
(Volume: 00026-Blip: 00578 )
02/21/2008 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032
FILED 02-21-08
(Volume: 00026-Blip: 00578 )
02/21/2008 *AFFIDAVIT OF BUSINESS TRANSACTION 04505
(Volume: 00026-Blip: 00578 )
dw
YORK COUNTY PROTHONOTARY Page 3 of 3
5/19/2010
Action
Party Name
D- SERVANT SUPPLY COMPANY
D- CARTRIDGE WORLD OF CAMP HILL
D- HOWELL, LILA V
D- HOWELL, PAUL L
G- HAMPDEN CENTER INC
P- FIRST NATIONAL BANK
P- LEGACY BANK
Affy Name
DIETTERICK, SCOTT A
DIETTERICK, SCOTT A
Total Number of Pages : 11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK, successor by
merger to THE LEGACY BANK,
Plaintiff
CIVIL ACTION - LAW
NO: 1b -5501 Cli v d-TEr k
vs.
SERVANT SUPPLY COMPANY d/b/a
CARTRIDGE WORLD OF CAMP HILL,
Defendant
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Servant Supply Company
d/b/a Cartridge World of Camp Hill
55 Union Church Road
Dillsburg, PA 17019-9704
( ) Plaintiff
(X) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or Judgment was entered in the above captioned
proceeding on 5'1'0-'x3h 0
(X) A copy of the Order or Decree is enclosed,
or
(X) The judgment is as follows: $129,813.42
with interest on the principal sum of the Note ($113,898.85) from December 21, 2007 at $30.06
per diem, plus additional attorneys' fees and costs of suit.
4)
Prothonotary
Deputy