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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. I p - 4W0l, 1?1V ? IT?errv?'
Plaintiff :
CONFESSION OF JUDGMENT
V. :
ANDREW SAUERS,
Defendant PREVIOUSLY ASSIGNED TO: N/A
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a coy of
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which is attached to the Complaint filed in this action, I appear for the Defendant cQress?
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judgment in favor of the Plaintiff and against the Defendant as follows:,
LET
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a. Principal $34,452.88 : 7
b. Interest to June 18, 2010 $ 1,971.22'
C. Late Charges $ 560.70 ?-
d. Attorneys' Fees 3,642.41
TOTAL: $40,627.21, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June215 2010 By:
ffr uff, Esquire
e urt ID #24848
100 Pin treet, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
V.
ANDREW SAUERS,
Defendant
DOCKET NO.
CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The Plaintiff, PNC Bank, National Association, is a national banking association
organized and existing under the laws of the United States of America with a principal office
located at 4242 Carlisle Pike, Camp Hill, PA 17011 ("Plaintiff)
2. The Defendant, Andrew Sauers, is an adult individual whose last known address is
48 Wyndmere Drive, Williamsport, PA 17701 ("Defendant)
3. The Defendant executed and delivered to the Plaintiff a Commercial Guaranty dated
August 4, 2006 ("Guaranty"), a true and correct photostatic reproduction of the original of which is
attached hereto as Exhibit "A" and made part hereof.
4. The Defendant executed and delivered to the Plaintiff a Disclosure for Confession
of Judgment, a true and correct photostatic reproduction of the original of which is attached hereto
as Exhibit "B" and made part hereof.
5. Under the Guaranty, the Defendant guaranteed to the Plaintiff the payment of all
amounts due to the Plaintiff by Chilitech Internet Solutions, Inc. ("Debtor") under the Promissory
Note dated August 4, 2006, in the original principal amount of Eighty Thousand Dollars ($80,000)
("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as
Exhibit "C" and made part hereof.
6. The Debtor is in default of the Debtor's obligations to make payment to the
Plaintiff as required in the Note, and the Defendant is in default of the Defendant's obligations to
make payment to the Plaintiff under the Guaranty. As a result of the Debtor's and the
Defendant's defaults, all outstanding amounts as provided in the Note and the Guaranty are now
due and payable in full, and payment of such amounts has been demanded by the Plaintiff. A
copy of the Plaintiffs demand dated March 26, 2010, is attached hereto as Exhibit "D" and made
a part hereof.
7. An itemized computation of the amount due to the Plaintiff from the Defendant
under the Guaranty as of June 18, 2010, is as follows:
a. Principal $34,452.88
b. Interest $ 1,971.22
C. Late Charges $ 560.70
d. Attorneys' Fees 3,642.41
TOTAL: $40,627.21
8. Interest continues to accrue at the rate of $9.81 per day through the date of payment,
including on and after the date of entry of judgment on this Complaint.
9. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
10. There has not been any assignment of the Guaranty or the Note.
11. Judgment has not been entered on the Guaranty in any jurisdiction.
WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against
the Defendant, Andrew Sauers, in the amount of Forty Thousand Six Hundred Twenty-Seven and
21/100 Dollars ($40,627.21), plus interest at the rate of $9.81 per day through the date of
payment, including on and after the date of entry of judgment on this Complaint, and for other
expenses, fees and costs to which the Plaintiff may be entitled.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June 2Z 2010 By:
. S ff, Esquire
Vef
Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.
Plaintiff
CONFESSION OF JUDGMENT
V.
ANDREW SAUERS,
Defendant PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, Rhonda Davis, Officer for PNC Bank, National Association, being authorized to do so on
behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing
Complaint are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unworn falsification to authorities.
PNC BANK, NATIONAL ASSOCIATION
Date: a al 10 By:
0 B . ?-r
onda Davis
Officer
05/04/2010 07:56 FAX 317 267 3735 SMALL BUS MANAGED ASSETS f? 002
(Paige 1 of 4)
COMMERCIAL GUARANTY r
Guarantor. ANDREW SAVERS ISSN: 16546-7766)
48 WYNDMdit OWE
WALiAMSPORT. PA 17701
CONTINUING GUARANTU OF PAYMENT AND PERFORMANCE. For good and volusbla oonaldaration, Guarantor obsoutely and unconditionally
guarantees full and punctual payment and Satisfaction of the Indetriednsas of Borrower to Lender, and the performance and discharge of ON
Borrower's obligations under the Note and the Related Doaxnents. This is a guaranty of payment and performance and not of eonaction, so'
Lander can enter= this Guaranty against Guarantor eon when Under has not exhausted Lender's renedla against anyone aim obligated to
pay the Indebtedness or against any collateral securing the Irxfabtadnese, INS Guaranty or any other guaranty of the Indebtedness. Guarantor
will make any payments to Lander or its order, on demand, in Isgel tender of the Urdted States of America, in same-day funds, without set-off or
deduction or counterclaim, and will otherwise psrform Borrower's obligations under *a Nate end Related Documents. Under this Guerenty,
Guarantor's liability is unlimited and Guarantor's obligations are continuing.
CONTINUING GVARANTY. THIS 18 A 'CONTINUING .GUARANTY' UNDER WHICH GUARA14TOR AGREES TO GUARANTEE THE FULL AND
PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE iNDISMONESS OF BORROWER TO LENDER, NOW EXISTING OR
HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE
INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY
REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDESTEONESS MAY BE A ZERO
BALANCE FROM TIME TO TIME.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any
notice to Guarantor or to Borrower, and will continua in full force until all ttea I debtednow incurred or contracted before receipt by Lender of
env notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have
been performed In full, It Guarantor elects to revoke thlS Guaranty, Guarantor array, only do so in writing. Guarantor's written notice of
revocation must be mailed to Lender, by cenifl6d mail, at Lander's sddrew Meted above,or such other place as Lender may deaigreta in writing.
Written revocadon of this Guaranty will apply only to advances or now Indebtedness created after actual receipt by Lander of Guarantees
written revocation. For this purpose and without limitation, tits term -now Indabtadrioas' does not include the Indebtedrteea which at the time
of notice of revocation is contingent. unliquidated, undetermined or not duo and which. titer becomes absolute, liquidated, determined or due.
This Guaranty will continue to bind Guarantor for all the Indebtedness incurred by; Borrower or oOmmitted by Lender prior to receipt of
Guwrartar'a written notice of revocation, including any extensions, ronawa(s, substitutions or modifloodons of the Indebtedness. AN renewals.
extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under tide Guaranty
and, Specifically will not be considered to be new Indebtedness. This Guaranty shell d*d Guarantor's senate as to the indebtedness created
both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing,
Guarantor's exs0utar or administrator or otttar legal representative may tarmlass, this 13vsranty in the same mentor In which Guarantor might
have terminated it and with the Seine effect. Release of any outer guarantor or termination of any other guaranty of do Indebtedness shall not
affect the ilabelty of Guarantor under this Guaranty. A revocation tender receives from. any are or more Guarantors shall not affect the liability
of env remaining Guarantors under ails Guaranty. It is anticipated that fluchisdane may ocetu In the aggregate amount of the Indebtedness
aovwW by *a Guaranty. and Guarsnta specifically acltrsawlAss and apneas that reductions In the amount of the Indebtedness. even to zero
dollars (30.001, prior to Guarantor's written revocation of this Guaranty shall not constitute a farnsinertion of this Guaranty. The Guaranty Is
binding upon Guarantor and Gwrwnw*s hairs. successors and srsigne so long a any of the Indebtedness remains unpoid and oven though the
Indebtedness may from Sma to time be zero dowers 00.00).
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either twlore or after any revocation ha t, withom totietl or
darland and witlwut lessening Guarantor's liability under this GuorsaW, from time to time. (AI prior to revocation as set forth above, to make
one or mare additional secured or unsecured loans to Borrower, to lease equipment or other goods 10 Borrower, or otherwise to extend
additional oradk to Borrower, (L) to oker, compromise, renew, extend, accelerate, or odherwise change ono or more times the rims for payment
or other terms of the Indebtedness, or any pert of the Indebtedness, including inrrooses and decrsoseo of the rate of interest on the
Indebtedness; extensions may bib repeated and may be for longer then the original IoarS tam: 10 to tAks and hold Smelly for the payment of
INS Guaranty or the fndabtadrion, and exchange, enforce, waive, subordinate, fait or decide not to perfect, and release any such security, with
or without the substitution of new collateral; (D) to release, substitute. agree not to sue, or deal with any one or more of Borrower's suretles.
endorsers, or other guarantors on any term or in any manner Lender may enoose; (E) to determine how, when and what application of
payments end credits shell be mods on the Indebtedness, IM to apply such security and direct the order or manner of soh thereof, including
without Itmhation, any nonjudialal sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion
may determine; (0) to sell, transfer. assign or grant participations in all or any part of the Indebtedness: and (HI to assign or transfer this
Guaranty in whole or In pert.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lander that (A) no representations or
lineaments of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; 0) INS Guaranty Is
executed at Borrowers request and riot st the request of Lander; 10 Guarantor has toll power, right and authority to enter into this Guaranty.
(D) the provisions of INS Guaranty do rot conflict with or result In a default under any agreement or other instrument binding upon Guarantor 1
and do not result in a violation of any law, regulation, court dooms or Order applicable be Guarantor; le Overontor has not and will not without
the prior w?Ittsn consent of Under, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispeas of all or substantially all of
(,usrantor's assets, or arty interest therein; (F) upon Lender's request, Guarantor wig provide to Lender financial and credit information in form
acceptable to Lender, and all such financial information which currently has been, andi all future financial information which will be provided to
Under is and will be due and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial
Informadon Is provi0adi (G) no material adverse change has occurred in Guerantor.'e financial condition aim* the data or the most recent
financial Statements provided to Lander and no event has occurred which may materially advarsafy affect Guarantor's financial condition; (til)
no lldgetian, claim, inveatigatbn, administrative proceeding or eimiler action lirteluding: thew for unpaid taxse) agalnot Guarantor is pending or
threatened; (" Lander has made no representation to Guarantor as to the craxiitwon;Nness of borrower, and IJ) Guarantor has established
adequate meens of obtaining from Borrower on a continuing basis information regarihing Borrower's finenelal condition. Guarantor agrees to
1110froW W: CHILITECH INTERMIT SOLUTIONS. INC. IAN: Lender: PNO Bank, Natiostel Association
100 MARKET VMEET 424 (.&Srbk
21 Pike
WB,WMSPORT. PA 17701 Carp HiN. PA 17001
05/04/2010 07:58 FAX 317 267 3735 SMALL BUS MANAGED ASSETS 0 003
(Page 2 of 4)
COMMERCIAL GUARANTY
(Continued) Page 2
keep adequately informed from such means of any facts, events, or circumstances which might In any way affect Guarantor's risks under this
Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose be Guarantor any information Or doeurttants acquired by
Lender In the cows Of its relationship with Borrower.
GUARANTOR'S WAIVERS. Picapt as prohibited by applicable low, Guarantor wolves. any right to require Lander (A) to confirm landing
money or to eRtattd other credit to Borrower. (B) to make any presenunent, protest, iarmww. or nodes of any kind, inakeding notice of any
nonpayment of the Indebtedness or of any nonpayment related to any cotlorel, or natim of any action or nonaction an the part of vorrowar,
Lander, any aurally, andorser, a other gustantpr in connection with the ktdsbtednsss ror in connection with the creation of new or additional
loans or obligations; la to resort for peyment or to proceed directly at at once sgeiret any tenon, including Borrower or any other guarantor;
(0) to proceed directly against or exhaust any collateral hob by Lander from Borrowsr,?any other guarantor. or any other parson; 4E) to give
notice of the terms, tams, and plats of any public or private solo of personal property security held by Lander from Borrower or to comply with
any other epplicabb provisions of the Uniform Commercial Code; IF) to pursue any other remedy within Lender's power, or 401 to commit any
act or arisslon of any kited, or at any time, with respect to any matter whataoswr.
Guarantor also waive any and of rights or dafensee based an suretyship or impairment of collateral indutling, but not limitad to, env rights or
deteneoe arising by reason of IAI any 'area action" or 'anti-deficlency' law or any otter taw which may provont Candor from bringing any
motion, Including a claim for deficiency, against Guarantor, before or after Lender's commencoment or completion of any foreclosure action,
either iudiaialiy or by exercise of a power of ease: (e) any election of remedies by Under which destroys or otherwise adversely affects
Guarentor'a subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, Including without limitation, any lose of
rights Gwrw=r may suffer by reason of any low limiting, qualifying, or discharging the Indebtsdness; (CI arty dissblity or other defense of
Borrower, of any other guarantor, or of any other person, at by reason of the cavitation of Borrower's ilebiuty from any cause whatsoever, other
than payment in fug in legal tender, of the Indebtedneas; (0) any right to claim diskharge of the Indebtedness on the basis of unjustified
impairment of any collateral for the Indebtedness; It) any statute of limitations, If at:any time any action or Ault brought by Lender against
Guarantor is cotrrtnenoed. ft es is outstanding Indebtedness which Is not barred by env applicable statute of limitations; or (a any defames
given to guarantors at law or In equity other then actual payment and performance o' the Indebtedness. if payment is made by Gormwer,
whether voluntarily or otherwise, or by any third party, on the Indebtedness and thersaft!rr 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 starts bankruptcy law or law for the relief of debtors, the
Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guerentor further weivas and agrees not to assert or theim at any time any deductions,to the amount guaranteed under this Guaranty for any
claim of setoff, couatemia-am, counter demand, tecoupnent or similar right, whethar msuch Balm, demand or right may be asserted by the
Borrower, the Guarantor. or both.
GUARANTOR,$ UNDERSTAftOM WITH RESPECT TO WAIVERS. Guarantor warrentskand agrees that each of the waivers sot forth above Is
made with Guarantor's full knowledge of Its aipnflicance and consequences and that, uedsr 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 pubic poesy, such welver shall be
effective only to the extent permitted by law or public policy.
LENDER'S RIGHT OF IETOM_ To the extant permitted by applicable law, Guarantor grants t order a eontrwtusl security interest in, and hereby
assigns, conveys, delivers, pledges and transfers to Lender are of Guarantor's right, tide and Interest in and to Guaranta accounts with Lender
(whether cteaking. saykge or some other account), including without limitation d sor;ourm held Jointly with someone also and all accounts
Guarantor may open in the future, exckaiing however all IRA and Keogh accounts, and all trust accounts for which the grant of a security
interest would be prohibited by law. Guarantor authorizes Lander, to the extant permitted by applicable law, to charge or setoff ail sums owing
on the Indebtedness against any and an such accounts and, at Lender's option, to admintstratively frame all such accounts to slow Lander to
protect Lender's charge and setoff rights provided in ells paragraph.
SUBORDINATION OF IORROWER'S DEBTS TO GUARANTOR. Guarantor agrees deep the indebtedness, whether now existing or hereafter
created, shall be superior to any claim that Guarantor may now have or hereafter acquire against idocrower, whether or not Borrower becomes
insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have eolainat iorrower, upon any account whatsoever, to wry
claim that tender may now or hereafter have agakmt Borrower. In the avant of Insolvency and consequent liquidation of the senate of Borrower,
through bankruptcy. by an assignment for tee benefit of creditors, by voluntary iiquWadom or otherwise, the assets of gwmwer applicable to
the payment of the claims of both Lender and Guarantor shall be paid to Lander and sham be first applied by Lender to the Indebtedness.
Guarantor does hereby assign to Louder 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 shelf be effective army for the purpose of assuring to Lender full payment in
legal tender of the Indebtedness. If Lander to requests, any notes or credit agreernentTi now or hereafter evidencing any debts at obligations of
Serrowar to Guarantor shall be marked with a legend that the same are sub)sot to thin Guaranty end shag be delivered to Lower. Guarantor
agrees, and Lender is heraby authorized, in the now of Guarantor, from time to time to No financing statements and continuation statements
and to axaouto documents and to take such other actions as Lander deems necessary or appropriaa to perfect. preserve and anforre its rights
under this Guaranty.
MISCELLANEOUS PROVISIONS. The following miscaltonsous provisions are a part of this Guaranty:
Aammdnertb. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth In this Guaranty. No alteration of or amendment to this?Guersnty shall be effective unless. given in writing and
signed by the psny or portion sought to be charged or bound by the alteration or amendment.
Attorneys' Fees: Expanses, Guaamor agrees to pay upon demand all of Lander'e- coen and expenses, Including Lender's sttomays' foes
and Landers legal expanses, Incurred In connection with the enforcement of this Guaranty. Landon may hire or pay someone else to help
enforce this Guaranty, and Gwrenaw shall pay the costs and expenses of such enforcement, Costs and uponsa¦ include Under'a
attorneys' foss and legal expanses whether or not them is a lawsuit, inciudimg attorneys' tea and legal expanses for bonknmptcy
proceedings precluding efforts to modify or vacats any suaomotie stay or injunction), appeals, end any anticipated postaudgment colecton
services. Guarantor also shall pay sit court costs and such additional fees as may bM directed by the court.
Caption Noedbgs. Caption headings in this Guaranty are for convontance purposas only and are not to be used to Interpret or define the
provisions of this Guaranty.
Gowning Law. This Guaranty will be governed by bdwel law applicable in tanoler med. to fie extent not prsee+ptsd by fedeal low, the
lased of the Conwnomwshh of Perinsylenis without regard to its corMlsts of taw prov(slorts. This Gushy has been accepted by Lender
In the commomwaNh of PonnawhienIa.
Choke of V~. It there Is a lawsuit. Guarantor agrees upon Lender's request to submit to am jurisdiction of the courts of Cumberland
County. Commonwealth of Pennsylvania.
1+Will stisn. Guarantor further agrees that Guarantor has read end fully understimds the terms of this Guaranty; Gurwaor has had the
opportunity to be advised by Guarantor's attorney. with respect to this Guaranty; tto Guarsnty fully reflects Guorentor's intentions and paron
05/04/2010 07:59 FAX 317 267 9795 SMALL BUS MANAGED ASSETS 11004
(Page 3 of 4)
COMMERCIAL GUARANTY
(Continued)
Pegs 3
evidence Is not required to interpret the terms of this Gub". Guarantor hereby in lemnifts and holds Lender harmless from am losses,
claims. damages, and costs IAttskx" Lender's attorneys' fees) suffered or Incurred by Lender se a result of any breach by Guarantor of the
warranties, representations and agreements of this prragreph. .
ithtngi nation. In as oases where there Is more then one Borrower or Guarantor, than as words used in this Guaranty in the singular shall
to deemed to have heart used in the plural where the context and construction arp require; and where then Is more than one Borrower
named in this Guaranty or when this Guaranty is executed by more than one Guarantor, eh! words "Borrower" and 'Guarantor"
reapectMaiy shall mean all and any one or more of them. The wads 'Guarantor,' '.borrower." and 'Lender" include the heirs, successors,
assigns, and transferees of each of them. If a cart finds that any provision of this Guaranty is not valid or should not be enforced, that
fact by Itself wal not mean that the rest of this Guaranty win not be valid or onBxced. Therefors, a court will enforce tie rest of the
provisions of this Guaranty even if a provision of this Guaranty may be found to be Invalid or unenforceable. If w,y.ons or more of
Borrower or Guarantor are corporations, partnerships. limited liability companies, or uimllor arahies, it Is not teosssary for Lender to inquire
into the powers of 8orrcww or Guarantor or of the officers, direct=, partners, managers, or other agents acting or purporting to sot on
their behalf, and any Loan Indebtedness made Or created In rerance upon the piofeaaed !mercies of such powers shell be guaranteed under
this Guaranty.
Notices. Unless otherwise provided by applicable tow, arty notice required to be given wider this Guaranty shop be given In writing, and,
except for revocation notices by Guarantor. shall be effective when actually derhwed, when actually received by telefecslmile (unless
otherwise required by fowl, when deposited with a nationally recognized ovarni&A courier, or, N (nailed, when deposited In the United
States moll, an first class, cordfled or registered mein postage Prepaid, directed to d" addressee shown near the beginning of this Guaranty.
All revocation notices by Guarantor shwa be M writing and shell be affective upon delivery to Lender as provided in the section of this
Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written
notice to On other parties, specitying that the purpose of to nodes is to chhangg. the party's address. For notes purposes, Guarantor
agrees to keep Lender Informed at an times of Guarantor's current address. Unlast. otherwise provided by applicabla law, if them Is more
than am Guarantor, any notion given by Lender to any Guarantor is deemed to be rl tee given to rdl Guarantors.
No waiver by Lander. Lender shall not be doomed to have waived any rights under Rtis Guaranty unless such waiver is given in writing and
signed by Lander. No delay or omission on the pert of Lander In oss roising any right shell operate es a welvar of such right or any other
right, A waiver by Lender of a provision of this Guaranty shell not prejudice or constitute a waiver of Lander's right otherwise to dam red'
strict compliance with riot provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between
Lender and Guarantor, shell 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 euah consent by Lender in any Instance shall not constitute
eondricing: consent to subsequent instances where such consent Is required and in all cases such consent may be granted or withheld in
the sole discretion of Lender.
Successors and Assigns. The terms of this Guaranty shell be binding upon Guarantor, and upon Guarom es heirs, personal
representatives, sueeeasers, and assigns. and shad be enforceable by Lander one itGsuaeessars and esaigns.
WAIVER OF 4URY TRIAL. GUARANTOR IRREVOCABLY WAIVES ANY AND Add. RIGHT GUARANTOR MAY NAVE TO A TRIAL BY JURY
IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO TM GUARANTY, ANY RELATED DOCUMENTS. OR ANY
DOCUMENTS WIECUTED IN CONNECTION WftH THIS GUARANTY 00 ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH
DOCUMENTS. GUARANTOR ACKNOWLEDGES THAT THE FORSGOING WAIVER 19 KNOWING AND VOLUNTARY.
LIMITED RECOyR9E AS TO NON-APPLICANT SPOUSE. Notwithstanding anything contained herein to the contrary, it Is agreed that, unless an
exception to the requirements of Regulation B of the Board of Govemors of the Federal Reserve System applies in eonneaden with the extension
of the Indebwdness and the execution of this Guaranty, the spouse who Is doomed reel to be the 'applicant for cred'it' for purposes of such
regulation fthe 'Non-Applicant Spousa") Wok be personally liable under this Guaranty only with respect to assets held jointly as of the data
hereof or hereafter acquired, and the ion of any hdgmeml. order or other relief against the Non-Applicant SpCUse.&had ba limited thereto.
Nothing herein. however, shell limit the Lender's rights against any person, firm or a dlyuother than the Non.Applicant Spouse.
AUTHORIZATION TO OBTAIN CREDIT REPORTS. it the Guarantor ha/are an Individual(s), by signing below, the undersigned Individual(s),
provides written suthoraatlon to Lender or its designee (and any assignee or poterHialmassignee hereof) to obtain his/horAheir personal crodR
profile(s) from one or more notional credit bureaus. Such authorization shell extend to obtaining a credit profilels) in considering any extension
of melt to the Borrower or the Guarantor and subsequently for the purposes of update, renewal or extension of such credit or additional credit
and for reviewing or collecting the resu ttleg account. A photocopy or facsimile Copy,of this authorization shall be valid as the original. By
signature below, Ilwe affirm mylour identity as the respective Individualls Identified In this Guaranty.
OEPINITIONrS. The following capitalized words and terms shall have the following meanings when used In this Guaranty. Unless spagwcaey
stated to the contrary, all ratw.naos to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular SUN include the plural, and the plural shell include the singular, ae rise context may require. Words and terms not otherwise
defined in this Guaranty shell have the meanings attributed to such terms in the Uniform -Commercial Gods:
Borrower, The word 'Borrower" moans CHILiTECH INTERNET SOLUTIONS, INC., and includes all co-signers and co-makers signing tine
Note and all their successors and assigns. '
Guarantor. The word "Guarantor' moans everyone signing this Guaranty, Including without limitatlon ANDREW SAUER$, and In each can,
any signer's successors end assigns.
Guaranty. The word "Guaranty' moons this guaranty from Guarantor to Lender dorrower's Indebtedness to Lender es rare particularly
described in this Guaranty.
Indebtedness. The word 'Indebtedness" mama the Indebtedness evidenced by the Note, or Related Documents, including all principal and
Interest together with all other Indebtedness and Costs and expanses for which banower In responsible under thls Guaranty or under any of
the Related Documents. In addition, the word 'Indebtedness' includes all other oullea fors, debts and IiabiGtks, plus Interest thereon, of
Borrower, or any one or more of thorn, to Lender, as wall as all datms by Lender against 6otrower, or any one or more of them, whether
existing now or later; whether they are voluntary or Involuntary, due or not due,. direct or Indirect, absolute or contingent, liquidated or
unliquidated; whether Borrower may be liable individually or 10khtly with others; whether Borrower may be obligated as a guarantor, surety,
eccot w. stion party or otherwise; whether recovery upon such indebtedness may be or hereafter may become barred by any statute of
limitations; and whether such indebtedness may be or hereafter may become otherwise unenforceable.
Lander. The word %onda' means FNC Bonk, National Association, its successers+and assigre.
Now. The word 'Note" means the promissory note dated August 4, 2008, M ehq arlghat p-0 Flo 1 amount of $80,000-00 from Borrower
to Lender. togeter with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agreement.
05/04/2010 08:01 FAX 317 267 3735 SMALL BUS MANAGED ASSETS f?1005
(FaW 4 of 4)
COMMERCIAL QUARAWY
(Continued) Pao 4
RskW Documents. The words "Related Documents" mean all promissory notes, credit agmemetns, loan agreements, anvironmentai
agroements, guUmAd S, leWUrity agr1wr4op, mortgages, dee& of trust. security deeds, collateral mortgages. and ail ather Instruments,
agreamaras and documents, whetter now or hereafter existing, ex*0%"d in cowta om veM the IndeptWneag.
Uniform ConrrerclN Cods. The words 'Uniform Commercial Code' means the Uniform Conwtterdef Code, as in effect from time to time, in
ors swoprim jurlydiction.
i CONFESSION OF JUD({EiAENT. TFIE GUARANTOR HEREBY EMFQWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE
OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER. TO APPEAR FOR THE GUARANTOR AND, WITH OR WITHOUT CDMPLAINT FB.ED,
CONFESS JUDGMENT. OR A "ANN OF.IUDGMENT8, AGAINST THE QUARAINTOR IN FAVOR OF LENDER OR ANY HOLM HEREOF FOR
THE ENTIRE PRU AL BALANCE OF THIS GUARANTY. ALL ACCRUED EtITEREST AND ALL OTHER AMOUNTS DUE HEREUNDER. TOGET "
WITH COSTS OF SUIT AND AN AT'TORNEY'S COMMISSION OF TNIc GREATER OF 10% OF (IT)CH PRINCIPAL AND INTEREST OR $7,000
ADDED AS A REASONABLE ATTOPJW'S FIB, AND FOR DOW $0, THIS NOTE: OR A COPY VEIVIED BY AFFIOAVIT SHALL BE A
SUFFICIENT WARRANT. THE GUARANTOR HERESY FOREVER WANES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL
RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEME NT. STAY OR EXEMPTION LANES OF ANY STATE NOW IN FORCE OR
HEREAFTER ENACTED. INTEiti:BT ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE.
NO SINGLE EXIMCL44 OF THE FOREGOIINa POWER TO CONFESg JUDGMENT. ORrA SERIES OF JUDGMENT& SHALL N OEEMID TO
EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD Iw ANY COURT TO BE INVALID. VOIDABLE, OR VOID,
BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT
UNTR SUCH TIME AS LENDER $HALL HAVE 86 MM PAYMENT IN P1LL OF The VEST. INTR.REMT AND COSTS. NOTWITHSTANDING THE
ATTORNEY'S COMMISSION PROVIDED FOR IN THE PRECEDING PARAGRAPH {WHICH! 03 INCLUDED IN THE WARRANT FOR PURPOSES OF
f STAMXRIN13 A SUN! CEnTAIM). THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE GUARANTOR SHALL NOT
EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY LENDER.
GUARANTOR ACKW WLQDM HAVING READ ALL THE PROVISIONS 01: THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO
ITS TERMS. THIS COMMERCIAL GUARANTY 1$ DATED AUGUST 4, 2008.
THIS GUARANTY IS GIVER( UNOER WAL AND IT M INTMNDEO THAT THIS GUAIANTV IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GUARANTOR:
xAIC 1L?? tSoatl
ANVIEW SA ER
u1M PW lnfy rr %X. UM CM, r.l.a MMYY tNl6.?M M1. HK AV A" yoy..N }4eFAwUftX ? 14t
06/21/2010 08:00 FAX 317 267 3735 SMALL BUS MANAGED ASSETS I M005
(Page 1 of 1)
BorroWer: CHRX=H MITERNEr SOLUTIONS. INC. ITIN: Londor: PRO Bank, Nmtkmal Assoole0on
83-30460581 Bushuss Boni"
210 MARKET STREET 4242 Cartdo Plko
WILLIAMSPORT. PA 17701 Comp Hill, PA 17001
DedWant: ANDREW SAVERS (SSN: 165-66-7755)
48 WYNDMERE DRIVE
WILLIAMSPORT, PA 17701
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS V rH_ DAY OF Awro45 f 20 OQ. A GUARANTY OF A PROMISSORY NOTE FOR
$80,000.00 OBLIGATING ME TO REPAY THAT AMOUNT,
A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMII LENDER TO ENTER
JUDGMENT AGAINST ME N COURT, AFTER A DEFAULT ON THE GUARANTY, W FHOUT ADVANCE NOTICE TO ME AND WITHOUT
OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY. SEWO FULLY AWARE
OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIIXTY OF ANY JUDGMENT OR OTHER CLAIMS THAT
LENDER MAY ASSERT AGASIST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE
RIGHTS. INOWDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO
LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONPESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD
PERMIT LENDER, AFTER ENTRY OF JUDGMENT. AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING. TO EXECUTE ON THE
JUDGMENT 8Y FORECLOSING UPON, ATTACHING, LEVYING ON. TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN RILL
OR PARTIAL PAYMENT OF THE JUDGMENT, IN EXECUTING THE GUARANTY, BEING BILLY AWARE OF MY RIGHTS TO ADVANCE NOTICE
AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE :IUDGMENT, I AM KNOWINGLY. INTELLIGENTLY AND
VOLUNTARILY WAIMING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE
JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STAIFEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN 1:`0I1INECTION WITH THE GUARANTY.
2, A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY
TO MY ATTENTION.
0. 1 CERTIFY THAT MY ANNUAL INCOM@ EXCEEDS 110,000: THAT THE BLANKS IN 'HIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED
AND SIGNED IT, AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING,
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT M WTENDED THAT THIS DISOLWURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW,
DECLARANT:
x ANDREW "o".. SAUIERIF (goal)
WM nn...rs, w. Ltd = 6,w. r.? N-ld l"Ad Ya 1917.m M00-X-A . M%4ftMl6XM 1aVM0 Pas
-780
DISCLOSURE FOR CONFESSION OF JUDGMENT 6-
03/10/2010 19:26 FAX 317 267 3735 SMALL BUS MANAGED ASSETS 11010
gaga x of 3)
PROMISSORY NOTE:
PdnckW Amoutit: $80,000,00 Interest Rata: 10.250% Date of Note: August 4, 2006
PROMISE To PAv. ChiiLITECH wmNu SOLUTIONS, wc. I`9orraWee) premises to spay to PHC Sunk, National Assodalbrt I`Lendsr'I. or
order. fn WWW money of tht United Stabs of Ame" *a prluipe i amovaK at Ill ft 7t&,wW i 001100 Dollurs ISS0,000.001. tegodw m ft
interest at da rate of 10.250% per WMnan on the unpeW prinagel balance from August 4, 2005, entll paid in fug. The lrrursst rate may "Ong*
radar the aurae and conditions of time "INTEREST AFTER DEFAULT" notion.
PAYiatr. tsorrovw( will Pay this Ioen in 60 FOYmenre of 51,719.03 each peymarst. eorrowse# first payment Is due Sepwwaber 4, 2006. and
a5 subtequant p&Vwwtts are due on tie sere tiny of Shah matth after that. Barrewar's'.Iinal pavremt WE be due on August 4, 2011. and will
be for all pprMolpal and a5 accrued Inewea not yet paid. Psymersfs Include prbhcblal and Internet. Unless otherwise eproad or required by
sppgo" C. payments win be SOW *at to any searued unpaid interest then to prty"* "A to any unpaid Collections coati= and then to
enY tare ChMnW. The arnwd 10101 Ft rate for" )lows Is Coinputed on it 3651960 beshh opt is, by mpplyl)g ttw ratio of the atmnad IrRirast rata
War a yew of 360 days, multiplied by the oubtandhhg WWJpml bstenoe, multiplied by the satual nxrnber of days the principal balance Is
outatending. The navel payment amount is Woulated on the assumption that each portacfa payment will be made on the date when due, and if
there Is any varlatlon to the actual payment dotes, there may be an addltionot atlaurt duo upon maturity of this Note. Any omWastlon
aohsdule provided to Borrower is only so astimate, and to superseded by the terms of this Note regarding the accrual and payment of Ihtareu.
Sorrower wile pay loader at Lender's edtUesa shown Shave or at such other Osee as Londe may designees In wrldr416
PRi PAYLMHNT PENALTY. Upon prepayment of this Note. Lender is entitled to the feltov" prepayment psnaltyt d this Nots bens knotest at
the Floating Asb, the ind.btad6ata may be prepaid In whole or In start at any time without penalty. It this riots bears interest at a Finned Rue,
natwithotanding anything sontolned heroln to thtr contrary, upon my prspslm*w by or on behalf of go Borrower (whether vohrnary, an default
or otherwise). tho Borrower tang, upon demand by the Bank, pay the Sank ae ewnperwation for the anon of being prepared w sdvemea fFxad fete
funds hereunder an amount amend to the Cast of Propoyment. "Coat of PropsywaW moon an mtount equal to the present value. M poo w, of
the product of go) the difference between 0) the *10, an On begirming data of the BPpVRW@ Interest parted, of a V.S. Tyson" Obligation with
a maturity stmtter to the eppluOle Interest period minus alt) do yield an the prepayment does. of a U.S. Treasury ONJW rat With a MOU May
shedlat to the remW&q ntagrhy of the applicable Interest paw, and 0n) sheprIxcipo) amount to be pfepdd, and fol due number of vases,
inhndn>dhtg ltaedwtdY Yearo. from to preaymerrt fees tv the std of the aponesble homes period. The yield on any U.S. Treasury obliga alas shag
bs dawrrrntrsad bt? refetwros 10 Federal Reserve 01, t!sNSO fteleose N.1t3t519) •Seleated Msterest Reese'. For purposes of making preeerlo vote
eataulsiduna. the yield to nnswrky of a aln nr maturity U.S. Trerstry obligation an the pn,psymmt dW shall be deenod the tlfeoount rata. Vo
Cat of Prdpoyment shag abe apply to any parmor a made after aeaslatafla of tho meth,hky dttrlt Moto whHe • Fixed Rea d beffect- Bscept
forgo faNgOlne, borrower array pay all er a portion of the amount owed esrfM flue it ledue. Sarly poyrnomes WE not, union agreed to by
tender in vwidng, ratfsvu borrower of Sorrowsee obligation to continue to make pwmenta under the payment ochin ffiL Rather, early paymsne
will reduce the principal balance dhio and may result to SorrowWo making fewer psymena. Borrower agrees not to $am Lender peyrnow
marked paid In W. 'without recourse", or simiu longuage. If Borrower Sande such a paymmient Lender may acoopt it wVt vimn losing any of
L l
rights under this Note, and Borrower wig remain obdgated to pay any further amount owed to Lender. AN written comrmrd adons
Conoerning disputed amounts, Including any check or COW payment instrument that indicator that the payrrhwlt ocnadtutea "peymem in fug" of
the onVunt owed or that Is tendered with other conditions or hagieNons of as full satisfaction of a deputed amount mutt be moiled or dsgvorod
to., PMC Bank, National Association, Atkin: Doc PreNOperations Department - BOCA(', SOW Tinlcum Boulevard 5th Roo Philadelphia, PA
19153.
LATE CHARGE. It a payment Is 15 days or more late, Borrower will be Charged S.OW% of the tepolorthr scheduled payment or L10D.00.
wbichpver is loss.
INTEREST AFTER DFFAU LT. Upon default. Including Mute to pay upon final maturity, the Interest rate on this Note shad be increased by 5.000
percentage points. M judgment is entered In connection with this Note, interest will continue to accrue after the dote of judgment at the rate in
offact at the time judgment Is entered. However, In no event will the meanest rate exceeel the maximum Interest rate Smitations under oWlIcable
law.
DEFAULT. Each of the following shad eonatitude an event of default rRvent of Default )'ands( this Note:
Pryenatc Ddifrxalt. Borrower fails io make any payment when due.
Other Defaults. Borrower or Grantor foie to comply with or to perform any'other term, obligation, covenant or condition cordatned In Oft
Note or In any of the related docments OF to Comply with of to perform any terra, 049411M covenant or Condition contain" in any other
oWeemfrlt between Lender and Narrower.
Defahdt In Favor of Third Parties. Borrower or any Grentor defouhs under any loan, extension of craft see wity agreement, purchase or
sales agreamOru, or any other agreamonl. In favor of any other oroditor or person drat may materially afloat any of lkrrowee* property or
Sorrower's ability to repay this Nots or perform ftmwer s obligations under this Nate or any of the related docmants.
Faits Statemeats. Any werranty, reprosantation at statement made or tutnfshed to(Lender by Borrower or on Borrower's behalf under this
Note or the related documents is lalse or misleading in any material respect. either .now or at the time made or furnished or becomes talas
or msslee ng at any time thereafter.
Irmolvency. The dissolution or termination of Borrower's existence as a going bus'mess, the insolvency of Borrower, the appoln ffIdAt of e
racoivsr for any part of Borrower's property, any analgnmem for the benefit of creditors, any type of Creditor workout, or the
commencement of any proceeding under any benkrypmy or Insoh enoy laws by or apimst Borrower.
Creditor or Forfeiture Proceedings, Comrnsnconent at foreclosure or tortsIbma proceadlrtpt, whether by Judicial procoeddng, self-help,
repossession or any other rrwthod, by any creditor of Borrower or by any governmental soonvy against any collateral seavring the ban.
This knciudes a garnishment of any of Sorrowsr'e ocoountt, Inhluding deposit acomots, with Lander. However, thin Event of Default shag
not apply If there Is a 9=0 faith disputo by Borrower as to ft validity or rbesonsbfsrhess of the claim which is the basis of the creditor or
forfeiture preahading and it borrower gives LaMar wrllten nodes of the creditor or 6ufaitnsa proosed'im and deposits with Lender mhtontes or
a surety bond for the oreditor or forfelture proceeding, in on amount determined oY Lender, In its We discretion, as being on edoauats
Bor owear: cmiuracH BY11:Rm:T somoms, Eric. mm L.endoo: POIC Seek. riodottd Association
23,90wes) Auskhsss sanki ng
210 MARKET STREET 4M Certtele pYts
WILLIAMSPORT, PA 17701 Cramp Hill. PA 17941
03/10/2010 19:27 FAX 317 207 3735 SMALL BUS MANAGED ASSETS a O11
(8age 2 of 3)
PROMISSORY NOTE.
(Continued) page 2
isserve or bond for the rpg".
Events AHbcfJi.g f3Yararttar. Any of the prsoading wants occurs with ?e410act to any Guarantor Of any Of the indabtedne. or any
Guarantor &0 Or becomes EncOnnpetant, Of revokes or disputes the Validity of, •n !lability under, a
evidenced by ft Note. ny guaranty of the indebtedness
Chehge In Owewrshlp. Any chartpe In ownership of twanry fNa percent 125%) Of Mors of the common stock of Borrower.
Adverse Cheaga. A materisl adverse change occurs in Borrower's financial condition, or Lander bellevee the prospect of payment err
PW%r narM of this Note Is Impaired-
Inseeu 11Y. Lender In good faith believes Itself insecure.
UNIM'S RIGHTO. UM defauk Lender May, after giViug such notices as required ter applicable taw, declare the wrtire unpaid principal
balance on thlo.Note and oil stbrued unpaid interest immedaaly, due, wt faut ""Co. and than Borrower wgl pay that amount.
ATTORNEYS' FFM E'>O'EM'.lf& Lender may Mre or pay someone else to help ublleot this Note If $*"war door not pay. Borrower wig pay
lender that OmcuM This includes, subject to any ftks under tgplleable law, Lender's aaarne", fees and Landsr's legal w penes, whether or
not there Is a laws. Inoluding #1wreye' fees, mosho" for bankruptcy procoofts (IrohxYng efforts to modify of Vacate any automatic stay
or inhW otion), appeals and any antolimled poatyudpan rlt collection services. it not ProobNad by applicable low, borrower also will peY shy
court costs, in addition to ell other sums provided by low.
WAIVER OF JURY TRIAL THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RiQHTS THE BORROWER MAY HAVE TO A TRIAL BY
JURY IN ANY ACTION. PROCEtSiING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE. ANY DOCUMENTS EXECUTED IN CONNECTION
WITH THIS NOTE OR ANY TRANSACTION CQNTEMPLATEb IN ANY OF SUCH DOCUMENTS. TIC BORROWER ACKNOWLEDGES THAT THE
FCRWvOW WAIVER IS KNOW" AND VOLUNTARY.
DOVE RNINQ LAW. Thin Nob will be governed by federal law appicabls to Leader and, 101*0 exert net prompted by federal law. Out laws or
the
CCorComtortwedIgil Of without regard to let corrIftts of law provisions. This Now has been accepted by tender In the
CHOKE OP VErM it there IS a IaweUEtr Borrower agrees upon Lender's request to submit to the Wwdliatlem of the courts of Llumbertond
County, Contmonweem of PennsvInnfe.
RIGHT OF SETOFF. In addition to all time upon and rights of satoH so0ingt Borrower's money, Securities or other property given to Lender by
low, Lender shall have. with respect to Borrower's obligations to Lander under this Nobt and to the extent permit ed by low, a contractual
possessory security Interest in and a oontrach,sd right of setoff against; and Borrower hereby assigns, conveys, deNvars, pbdgee and trarafors
to Lander all of Borrowers right. this and Interest in and to, all of Borrower's deposits, men sys, securities end other property now or hereafter
in the possession of or on deposit with, or in tranalt to, Lander or any other direct or indirect subsidiary of The PNC Financial Services Group,
Inc., whether held in a general or Special account or deposit, whether held jointly with: someone else, or whether held for satakasping or
otherwise, axdut", howe,ror, all IRA, Keogh, and trust accounts. Every such security Interest and right of setoff may be exercised without
demand upon or m Alm to Borrower. Every such right of setoff shag be deemed in het been exercised knmedlstely upon the occurrence of an
Event of Default harstmdsr without any action of Lander, although Lender may smar such setoff an its books and racords at a later time.
COLLAT'RRAI . Borrower acknowledges this Roo Is secured by the following oastaral doaxibed in the security instruments Rated herein.
fA) a Mon". dated August 4. 2008, to Lander on real properly located In LYCOMING County, Comnumweahh of PenrpylaNe.
IBi Inventory, alwtal paper, accounts. equipment, general intangibles and consumer moods descr6ed In a Commercial- Soaurity Agreement
dated August 4. 2008.
P94ANCIAL INFORNATMN PROVISION. Borrower ogress to deliver any financial and odAr business, Information concerning Borrower that
lender may request from time -to throe, such as annual and interim financial statemams- lag of which shop be prepared in accordance with
gonerally accepted acoowntft Principles) and federal Moon tax returns.
OEPOSITORY. Borrower wig establish and maintain, with Lander. Barr war's primary depository accwuntle)- If Borrower fags to aotwoh endlor
maintain Its p15maY deposimry scaournW with Lander, Lang may, et Ate option, upon thirty 001 days notice to Borrower, Increase the Inumst
rate payable by Borrower under ft Note by up to 1.00 percentage points 11.00%). Lender's right to Increase the Interest rata pursuant to tfda
paragraph ebafl be in addition to any other rights or retadies Lander may have under thin slots. erg of which we hereby reserved, and shall not
conetituft a waiver, release or Vnhitatfon upon Lender's exercise of any such rights or remeeles.
AUTOMATIC DEBIT OF PAYMENTS. The Borrowat hereby suthorlttas the Larder to charge the Borrowees deposit account at the tender for any
Poymani when dug hereunder. Of the Borrower revokes this authorization for enw reason wtnataoever or falls to maintain a depwft account with
the .Lander which may be charged, the Lender may, n its option, upon thirty (301 days nodim to the Borrower, Inoressa the interest rate payable
by the Borrower under this Note by twenty-On 1251 basis points (0.25%).
SUCMSOR WMIESTS. The terms of this Now shag be binding upon Borrower, and upon Borrower's heirs. personal represontsttws,
oucollown; and walgna, and shall inure to the bansftt of Lander and In successors and assigns.
ORAL PROVISIONS, Lender may delay or forgo enforcing any of its rights or ramed'iee under this Note without loving them' Borrower and
any Oder parson who alone, guarantees or. endorsee this Note, to the extent allowed byllow, waive preserment, demand nor payment, and
notice of dishogor. Upon any change in the iamto of this Note, and unless otherwise exprewety stated in writing, no party who signs Oft Mots,
whether as maker, guarantor, saoomm nation maker or endorser, shall be released from liability. All such parties some that Lender may renew
or extend (repeatedly and for any length of Who) this loan or release any petty or guaranton or ocllourab or knpefr, fag to realize upon or patloat
Umda's esauity irtarteet In the eal*W th, and take any other satian deemed neoesea y by Lender without the ow.sent of or notice to anyone.
Ali such parties slw agree that Lender may modify this ben without the consent of or neUee to anyone other than the pony with whom the
modthoetlon to mode. The obagodons ungor this Note we joint and sswrel. If any perf n of this Nat Is for any reason determined to be
uneMoroseble, It will not affect the wnfprceablifty of any other provisions of thin Note.
CONFESSION OF JUDtipIiIBNT, THE BORROWER HEREBY EIRPOWERS ANY ATTOMW OF ANY' COURT OF RECQRD, AFTER THE
OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE BORROWER AND. WITH OR WITHOUT COMPLAW FILED.
CONFESS JUDGMENT. OR A SERIES OF JUDGMENTS. AGAINST THE BOR OW0 M FAVOR OF LENDER OR ANY HOLDER HEREOF FOR THE
BOV E PRINIMAL BALANCE OF THIS NOTE, ALL ACCRUED INTIOWT AND ALL OTHIM AMOUNTS DUE HEWJNDER, TOGUNER WITH
COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTERM OR $1.000 ADDED As
A REASONAKE ATTORNEY'S FOR. AND FOR DOING $0. THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFMINNIT
WARRANT. THE BDFMWER H011111Y FOREVER WANES AND IIgLEASE B ALL ERRORS IN BAID PROCEED01158 AND ALL 040M OF APPEAL
AND All RELIEF ATOM ANY AND ALL APPRA1SEMgNT, STAY. OR V M"KM LAWS OF ANY sTATE NOW IN FORCE OR HEREAFTER
ENAGM, INTEREST ON ANY OUCH JUDGMENT $HALL ACCRUE AT THE DEFAULT RATJ!.
03/10/2010 19:29 FAX 317 267 3738 SMALL BUS MANAGED ASSETS 11012
%page 3 ,of 1)
PROMISSORY NOTE
(Continued) Page 3
NO SEYGLI "MCISE OF THE FOWSONG POWER TO OONFESS JUDGAAENT, OR A SERIES
T THE PO OF JUDGAAENTS, SHALL 06 0=50 T4
BUT THE POW111 SHALL Wi1t, WHVM on NOT UNDIMINISHED 1? AM IT MAy Bg M WISED FROM TIM
ANY COU To E TO WTIME r AS as INV uc, LENW SHALL ELECT' OFnW UNIX SUCH TIME AS INDIA SHALL WAVE RECEIVED PAYMENT IN FULL OF Tmm crar, INTEREST AND CWT'. NO?W M*TANDINR THE
ATTORNEY`S i OMMISNION PROVIDED MR IN THE PRiICEDIN3 PARAGRAPH (WHICHNS INCLUpED O TIM WARRANT FOR-PURPOM OF
MTAK*t*NS A SUM OERTAIM THE AMOUNT OF ATTORNEYS, PRS@ THAT LINOW (RAY RECOVER FROM THE BORAOWWt SHALL NOT
EXCEED THE ACTUAL ATTOMSYS, I= INCUMw YY L&A)M
PRIO1 TO SW WW THIS NOTE, AORNOWER RE40 AND UNDERSTO00 ALL THS PROMIONS OF THIS NOTE. BORROWER AGF&M TO THE
TERMS OF THE NOTE.
THM NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE 18 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED RNSTRUMINT ACCORDING TO LAW.
BORROWER:
CHLnWH INTERNET SOLUTIONS, INO,
ov.-,,rt? PREB D NT of CFIL -4000
ANDREW INTEANET SOLUTIONS, INC.
u mpw%%% .YM. L7fnd= W,r M111M/MI1YAYrl1?1? Vblw%rML .M 111NRfI107O11: iN?Q)M=
03%26/2010 08:46 FAX 317 267 3735 SMALL BUS MANAGED ASSETS 2002
G f 1 cBA ,K
March ;;6, 2010
BY OVERNIGHT MAIL - PERSONAL AND CaMMENTYAL
,Andrew Sauers, President
CWitech Internet Solutions, Inc,
210 Market Street
Williamsport; PA 17701
Re: Demand for Payment
Dear Mir. Sauers:
As you know, you are obligated to PNC Bank, National Association, for a certain
business purpose loan in the original principal amount of $80,000.00 (the "Loan', as evidenced
by a certain Promissory Note from you to us dated August 4, 2006 (the 'Note'. The Loan has a
current outstanding principal balance of $34,452.88, and accrued and unpaid interest through
March 19, 2010; of $1,078.55, and past due late charges of $280.35. Interest continues to accrue
on the Loan at the rate provided in the Note for each day the Loan remains unpaid.
As you also know, you are in default of your obligations. under the Note for failure to
make payments of the Loan as and when due under the Note. This letter notifies you that PNC
BANK. MAKES DEMAND FOR MMIEDIATE PAYMENT OF THE LOAN. If the Loan is not
repaid in full, in good funds, within two (2) business days from the date of this letter, we will
consider taking actions to collect the Loan from you and/or any sureties, including turning the
matter over to our collection counsel.
Please call me at 317.267.7361 to arrange for repayment of the Loan.
truly yours,
Rhonda Davis, Officer
CRC - Credit Policy
cc: Andrew Sauers, Guarantor - BY OVERNIGHT MAID,
48 Wyndmere Drive
Williamsport, PA 17701
Geoffrey S. Shull, Esquire
210010 (wW)
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. lb - ya )Q ???? ( (tol-?v?
Plaintiff
: CONFESSION OF JUDGMENT
V.
ANDREW SAUERS,
Defendant PREVIOUSLY ASSIGNED TO: N/A
PJZAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, PNC Bank, National Association.
Papers may be served at the address set forth below.
C') ?;?
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Geoffrey S. Shuff, Esquire c
McNees Wallace & Nurick LLC z r:°' n
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166 -v '
(717) 237-5439
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Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June Z? 2010 By:
Veoey S. huff, Esquire
e Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 10 - yapa 0'-a' I -rem
Plaintiff
: CONFESSION OF JUDGMENT
V.
ANDREW SAUERS,
Defendant
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PREVIOUSLY ASSIGNED TO: 3_WA
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r-r't
AFFIDAVIT OF NON-MILITARY SERVICE ?u
TO THE PROTHONOTARY:
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I do certify, to the best of my knowledge, that the Defendant in the above-captioned action,
Andrew Sauers, is not presently on active or nonactive military status.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: JuneZL 2010 By: /,-W
eo ey S.. uff, Esquire
upreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. to - gala 0".ky-Imerm
Plaintiff
CONFESSION OF JUDGMENT
V. o
ANDREW SAUERS, m rr! c i'm
Defendant PREVIOUSLY ASSIGNED TO: !-;/ix F-n
{
CERTIFICATE OF ADDRESSES c
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I hereby certify that the precise address of the Plaintiff, PNC Bank, National Association, is
4242 Carlisle Pike, Camp Hill, PA 17011; and that the last known address of the Defendant,
Andrew Sauers, is 48 Wyndmere Drive, Williamsport, PA 17701.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June &2010 By:
e . Shu , Esquire
S e Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
f
40 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. L O - ya /? L:'?V ?1?erM
Plaintiff
: CONFESSION OF JUDGMENT
V.
ANDREW SAUERS,
Defendant PREVIOUSLY ASSIGNED TO: NZ r.,
?
'C7 K L'
E` "p
NOTICE UNDER RULE 2958.1 °
OF OF JUDGMENT AND EXECUTION THEREON 4- -v
NOTICE OF DEFENDANT'S RIGHTS
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TO: Andrew Sauers
A judgment in the amount of $40,627.21, plus interest, other expenses, fees and costs has been
entered against you and in favor of the plaintiff without any prior notice or hearing based on a
confession of judgment contained in a written agreement or other paper allegedly signed by you.
The sheriff may take your money or other property to pay the judgment at any time after thirty
(30) days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON
WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
J
s
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: June" 2010 By:
G y . Shuff, Esquire
preme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
1-00
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. to - L4A) ? l- err
Plaintiff
: CONFESSION OF JUDGMENT
V.
ANDREW SAUERS,
Defendant
To: Andrew Sauers, Defendant
: PREVIOUSLY ASSIGNED TO: N/A
You are hereby notified that on pm a3 , 2010, judgment by confession was
entered against you in the sum of $40,627.21, in the above-captioned case.
DATE:
Prothonotary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
I hereby certify that the following is the address of the Defendant stated in the certificate of
residence:
Andrew Sauers
48 Wyndmere Drive
Williamsport, PA 17701
G y huff, Attorney for Plaintiff
io
A, Andrew Sauers, Demandado:
Por este medio usted sea avisado que en el dia _ de de 2010, un juicio por
admision fae registrado contra usted por la cantidad de $40,627.21, referente al caso mencionado
arriba.
FECHA:
Protonotario
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE UN ABOGADO O SI NO TIENE EL DINERO PARA PAGAR TAL SERVICIO, VAYA
PERSONALMENTE O LLAME POR TELEFONO A LA OFICINA CUYO TELEFONO Y
DIRECCION SE ENCUENTRAN ESCRITOS ABAJO PARA AVERIGUAR DONDE USTED
PODRA CONSEGUIR ASISTENCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Por este medio certifico que la siguientes son las direcciones de los demandado, dicho en el
certificado de residencia:
Andrew Sauers
48 Wyndmere Drive
Williamsport, PA 17701
Geo y S. u , Abogado del Demandante
SHERIFF'S OFFICE OF CUMBERLAND C9-YFFICE
Ronny R Anderson RFSheriff "fr Tr!E RR0TN0X0T -'-
Jody S Smith 4,,otj`? at ??,+uLF,r
rte SSEP 16 10:
Chief Deputy 255
Richard W Stewart CUMBERLAtib t;
Solicitor P ENNS Y !A NI A
PNC Bank, NA
vs.
Andrew Sauers Case Number
2010-4212
SHERIFF'S RETURN OF SERVICE
08/08/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Andrew Sauers, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Lycoming County, Pennsylvania to serve the within Notice
Under Rule 2958.1 of Judgment and Execution Thereon according to law.
09/09/2011 R. Mark Lusk, Sheriff of Lycoming County, who being duly sworn according to law, states that on
September 9, 2011, he was unable to serve a true copy of the within Notice, upon the within named
defendant, to wit: Andrew Sauers. After several attempts the Defendant was never at home.
SHERIFF COST: $37.00
September 14, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
c; a vs;,;tn herlf- rei .? t .,