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HomeMy WebLinkAbout10-7740Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF iJNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010 - ~~G CIVIL TERM TRACY A. DeBLASIO and PHII,IP J. DeBLASIO, Jr., individually and collectively d/b/a RELIABLE BUILDING SERVICES, Defendants NOTICE OF ENTRY OF JU MENT PURSUANT TO PA. R.C.P. N0.236 TO: Tracy A. DeBlasio 99 Pine Creek Drive Carlisle, PA 17013 You are. hereby notified that on 1 ~' ~6 "~~ ~ ,judgment by confession was entered against you in the above-captioned case in favor of Cornerstone Federal Credit Union as follows: Balance $33,756.93 Interest (through 11/2/10) $914.03 Costs of Suit (estimated) $250.00 Attorney Fees $3,375.69 Total: $38,296.65* *Plus interest per diem at $4.16, along with additional costs and fees incurred, until paid in full. Date: / 2.' ~t~ ~ ~~6 G~..~.~-- Proth o ary Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CORNERS'T'ONE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. TRACY A. DeBLASIO and PHILIP J. DeBLASIO, Jr., individually and collectively d/b/a RELIABLE BUILDING SERVICES, Defendants NO. 2010 - °~ `) y ~ CIVIL TERM NOTICE OF ENTRY 4F JUDGMENT PURSUANT TO PA. R.C.P. N0.236 TO: Philip J. DeBlasio, Jr. 99 Pine Creek Drive Carlisle, PA 17013 You are hereby notified that on ~ ~-' ~ G ~ l ~ ,judgment by confession was entered against you in the above-captioned case in favor of Cornerstone Federal Credit Union as follows: Balance $33,756.93 Interest (through 11/2/10) $914.03 Costs of Suit (estimated) $250.00 Attorney Fees $3,375.69 Total: $38,296.65* *Plus interest per diem at $4.16, along with additional costs and fees incurred, until paid in full. Date: / ~.-~- / G ~ ~--o/l~ ~~.~- Prothonotary a„ ~ o f Christopher E. Rice, Esquire Attorney I.D. No. 90916 FLED-OFFICE Seth T. Mosebey, Esquire 0~ THE PROTHONOTARY Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FA~~ ~ ~ ~~ 2~ 2 7 MARTSON LAW OFFICES 10 East High Street C L ~~ ~ ~ d L t '~ D C 0 ~~ Pd TY Carlisle, PA 17013 ~ `'~~ `~ ~ ~ L`y'A'"A (717)243-3341 Attorneys for Plaintiff l;V1ttV~KS'1~UNE FEDERAL CREDIT UNION, Plaintiff v. TRACY A. DeBLASIO and PHILIP J. DeBLASIO, Jr., individually and collectively d/b/a RELIABLE BUILDING SERVICES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - "~ 7 ~~ CIVIL TERM CONFESSION OF JUDGMENT Pursuant to the authority contained in the Guaranty and Suretyship Agreements attached as Exhibit "B," to the Complaint filed in the above-captioned case, we appeaz for Defendants, Tracy A. DeBlasio and Philip J. DeBlasio, Jr., and confess judgment in favor of Cornerstone Federal Credit Union against Defendants Tracy A. DeBlasio and Philip J. DeBlasio, Jr., as of November 2, 2010, as follows: Balance $33,756.93 Interest (through 11 /2/ 10) $914.03 Costs of Suit (estimated) $250.00 Attorney Fees $3,375.69 Total: $38,296.65* *Plus interest per diem at $4.16, along with additional costs and fees incurred, until paid in full. ~'~ 033 ~~ ~~~# rasa ~3 u Date: lZ~~ %~'`~V Respectfully submitted: MARTSON LAW OFFICES By: ~~~ ~ Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney LD. No. 203046 MARTSON DEARDORFF WII,LIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. . NO. 2010 - "'~~ u ~ CIVIL TERM TRACY A. DeBLASIO and / PHII,IP J. DeBLASIO, Jr., individually and collectively d/b/a RELIABLE BUILDING SERVICES, Defendants `; COMPLAINT FOR CONFESSION OF JUDGMENT Cornerstone Federal Credit Union, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa. R.C.P. Rule 2951 et seq. and in support thereof, avers the following: 1. Plaintiff, Cornerstone Federal Credit Union, ("Plaintiff') is a federally chartered credit union located at 5 East Gate Drive, Carlisle, Pennsylvania 17013. 2. Defendants, Tracy A. DeBlasio and Philip J. DeBlasio, Jr., are adult individuals residing at 99 Pine Creek Drive, Carlisle, Cumberland County, Pennsylvania. 3. Defendants conduct business as Reliable Building Services. 4. On January 8, 2008, Defendants, doing business as Reliable Building Services, entered into certain loan documents, including a Promissory Note ("Note"), with Plaintiff to borrow $35,000.00, and agreed to, among other things, make monthly payments of $554.35. A true and correct copy of the executed Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. On January 8, 2008, Defendants Tracy A. DeBlasio and Philip J. DeBlasio, Jr., executed Guaranty and Suretyship Agreements ("Guazanties") and agreed to, among other things, guarantee full payment and satisfaction of all of Reliable Building Services' indebtedness to Plaintiff. True and correct copies of the Guazanties aze attached hereto as Exhibits "B" and aze incorporated herein by reference. 6. Defendants, doing business as Reliable Building Services, failed to make its payments on the Note when due. 7. As of November 2, 2010, the unpaid principal balance on the Note was $33,756.93. 8. Defendants have defaulted under the Note and Guazanties by and including, but not limited to, allowing a material adverse change in their financial condition, and failing to make payments as required under the Note and Guaranties (collectively the "Events of Default"). 9. The Note and Guaranties provide that Plaintiff, after the Events of Default have occurred, may confess judgment against Defendants for all sums due and owing thereunder. 10. The total sum due and owing under the Note and Guaranties from Defendants as of November 2, 2010, is itemized as follows: Balance $33,756.93 Interest (through 11/2/10) $914.03 Costs of Suit (estimated) $250.00 Attorney Fees $3,375.69 Total: $38,Z96.65* *Plus interest per diem at $4.16, along with additional costs and fees incurred, until paid in full. 11. All conditions precedent have been satisfied to allow Plaintiffto confess judgment against Defendants Tracy A. DeBlasio and Philip J. DeBlasio, Jr., under the Guaranties. 12. Judgment has not been confessed against Defendants in any other jurisdiction under the Note and Guaranties. 13. Plaintiff is the holder of the Note and Guaranties. 14. The Note and Guaranties were executed and delivered in connection with a commercial transaction, and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 15. The Note and Guazanties have not been assigned. WHEREFORE, Plaintiff, Cornerstone Federal Credit Union, requests that this Court enter judgment by confession against Defendants, Tracy A. DeBlasio and Philip J. DeBlasio, Jr., in the amount of $38,296.65 plus interest at the rate of $4.16 per diem, and additional fees and costs as prayed for in the Complaint. Respectfully submitted, MARTSON LAW OFFICES By; ~~r~i ~ ~--' Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: ~2_ r 3~~0 EXHIBIT "A" 1' BORROWER NAME AND ADDRESS LENDER NAME AND ADDRESS LOAN DESCRIPTION Ral yahlo Buildir7g Savlaee arnasba'le Et3$31 Ct811t U'lirn pl!/„~ o 'Racy A. DAD P. O. Bcx 1181 Number tXl 131i.1ip J. I~lasio, Jr. 5 ix. Aroautts 35,mn m P. O. 13cx 56 ('].isle, Pa 17013 Data 1 898 Erma, l8 17025 'fie attad~ed nai 1 im a3~e~ses ^ Refu m the attached Signawre Addendum. incorporated herein, fa addiUOnal Bo[rowera and their s(gnatures. COMMERCIAL PROMISSORY NOTE DATE. The date of this Promissory Note (Note) is _ T~aaanr Ra ~YIR GOVERNING AGREEMENT. This Note is further governed by the Commercial Lunn Agreement between Lender and Bortower dated (~__ as modified, amended, or supplemental. All definitions of terms in the Commercial Loan Agreement apply to this Nnte as well. Upon exa:ut o thts olP~te, Borrower represen[s tha[ Borrower has reviewed and is in compliance with all Loan Daurrtents and the Curnmereial Loan Agreement. PROMISE TO PAY. For value received, Borrowu pramisa to pay Lender a Lendu•s order, u Lettder•a sddroa,~ S ~j ~a~ (Principaq. ^ S (Priceipaq ar the Borrowing Base, whkhwu b kn. ^ Single Advance. Borrowu will taxeive all of this Principal in orw advance. No additiaal advaoca sae rbrtletnplated under tlris Note. MWtlola Adraaaa. Th n ' d amount ateted above is the maximum amount of Principal thu Borrowu may barrow under this Nae. Oo ~B Bormwu will receive S and fltturo advances are a ~~_ cootanplated. The rnnditiaa for futuro advaaaa arc atemd in the Cammerciai Lan Agmarcm, IPfPERFBT. Botrowu to iutueu a the outatandi Prim balance of thin Nate u the rate of t ear until v.rLW. Rate. '11~Y~ ~ .0232876 Lhily Palpdie E*~e 7.258 lr>c~f 1~ 1.25614~gin a3i3d ~ lrl~t 8,56 AI1~AL 1~9[$ RsiLE 9Be Attactled I]lscloetue - V~iahle Rye Pat Matarity/Detwh IMareal. Barrowu agreaa to pay inkrwt on the unpaid balance of thin Note owing aRer PAYM>>T1T. Borrowu arras to oav Chia Nan ~Y I allt~tnt is $554.35 See Atrdd7BC11}iwlrmm~ _ p~g~ nu Q.ymmt. roan a tonne m umtea ~tata dollata. Baca ymatt Barowu makes a this Nee wB- be applied feat m nay cArYaa BgtosrQ own ahu thou Ptiocipat end rntmal, the to intereu that is due, and ffrlly to Prlac~il that U da. U Lender and Borttrwar agree m a dilfaeat appBcatioa of paymatu, that appUcation wiU be described a thin Nee. The actual emotmt o[ Borrowu'a fwl paymau wiU depwtd ups Borrowa'a p.ymwtt record. USE OF PROCEEDS: I~I>~t~~t~t E113$IE~ I~1 WAIVERS AND CONSENT. Barrowu waives praeat, pmantrant fa payment, demand and notieea of acceltxetion, intent to atxxauata, and dtshomr (i[ allowed by law). I~ ADDITIONAL TERMS. chi ~~~ ~ PL~-3t~c Iiffie ~ WARRANT OF AUTHORITY TO CONFFBS .IUDC.1146NT. Ups ddYWt, in addilloa q atl olha• ttrntedlee rated t1BIW tatr~6b b Lm~r. by alt~t Wow Borrowa~ kro~oabiy ttol6orha toe pRelirt~. clack K ri41 to i~ ataF aamt dirraad htrit{ ~Igr~tlpe over liia n~pu nail to ooto~s Jadisn~t ttFtlrp Dofrewe ~t ~ tlnM wMlM~t atq e[ iLelratt~wK wrlrar Mtlp, Ntnits o[ and prsas. Borrower yfeeg rand atida~ thW jndpeat ~ tbg eoalYaesd geMst Betn+ettrer hr ~q' araYed and aea'ed titatBn dae a thin Note, phn allectlon eaeta d awwr6le ' lbee 4 M LS pwrMt a[ tilt ~1tis art+ebo a[ the to adw Jndpat wW not ~ Wh warra.e.r.wodq b oioBiK~ ~ nttrl Ming eAno ~ I..dar ebaa. Boerora• eriaebede that Borrower a propteetF mq ho trdaet t prclor to <w~f' tie igit awed. Bertfaner ani wdw aq ud aN aaet~tlo~l riRhb Bonrooer hae to peadepairatbn nestles and htrarhq under lWertal aid irate [Wry' nndtatytud the ooneegomeee a[ tlde wtdver. By signing itatffidietely below, I agree to the terms of the CONFESSION OF JUDGMENT station. Signalw~e Stgnature SIGNATURES. By signing below, Borrower agrees to the terms contained in this Note. Borrower also acknowledges receipt of a copy of this Nee. BOBAOWE& Ace Fruity N `~0'~U Signature q}~,Y D~ ~'$' Sigoattue J, , JY. Date LENDER: ozz88trne Ft~al ~ed1t Uflirn EnWy Name rsrwty name Signature Date Stgnature Date Sigsatue bate Date VUP'~eankara PR01118ryOtaY NOTE•PA COaa4alOlEiA ria/e007 wont. tcw.r euwo. o aoo[, sour - - ro usadr r~ t.aoo.aaa-ato tarrc vat txoa(PA~(eraeaoo _ _ _ .--... --_.. _ _._ t Disciosure Attachment -Loan Number 24117-99 Dated January 8 2008 Payment Diacioaure You will be required to make monthly payments within 45 if making your initial loan advance. Your paymart will be set to repay the balance based on the maxiumu allowable advance, at the current annual percentage rate, within the payoff period listed below. Your payment may also change if the annual pexcartage rate increases. A change in the annual percentage rate can cause the balance to be repaid more quickly or more slowly. We will check your plan every year to determine the effect of any annual percentage rate increase has had on your payment. If the annual percentage rato has increased so much that your payment is not sufficient to repay the balance within the pay offperiod, we will adjust your paymart to repay the balance within the original payoff period. Each time the annual percentage rate increases, we will check to see if the payment is sufficient to pay the interest that is due. If not, wo will ineroeae your payment by the amount necessary to repay the balance at the new annual percentage rate within the original payoff period. Your payment will include any amounts past due and any amount by which you have exceeded your credit limit and all other charges. The payoff period is as follows: Rage of Balance Payoff Period $1.00 to $35,000.00 84 Monthly Paymarts Variable Rate Rate catx change on the l a day of each month. There is no limit on the amount by which the :Annual Percentages Rate can change during any one year period. The monthly rate is determined based on the Prime Rate as published in the Wail Street Journa110 days prior to each month epd'(Index) p1us;I.25%. Where more than one rate is published, the higher rata wi1l~~nstit}to the indelt rate. The rates are subjext to change on the first day of each ~toitth"t~,r~hes~t an }neresae in the rate. The rate will never be greater thatn the maximum intesrest raga ceiling~stablished. for federally chartered credit unions (currently 18%) with an interest rate.floor not lower than 7%. Periodic tq a Det~rmin,,,~tion ; +~, To determine the periodic rate that will~apply to your account, we: add a margin, as disclosed above, to the value of the Index then we divide this sum by the number of days in a year (365). To obtain the annual percartage rate, we will multiply the periodic rate by the number of days in a year (365),. This result is the annual percentage rate. EXHIBIT "B" *See Attaci~c1 nailing xis GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is made and entered into as of this 8th day of January, 2008, by Tracy A. Deblasio (the "Guarantor"), with an address at P. O. Box 56 Enola, Pa 17025, in consideration of the extension of credit by Cornerstone Federal Credit Union, (the "Credit Union"), with an address at 5 Eastgate Drive, Carlisle, Pennsylvania, 17013, to Reliable Building Services (the "Borrower"}, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. 1. Guaranty of Obligations. The Guarantor hereby guarantees, and becomes surety for, the prompt payment and performance of all loans, advances, debts, liabilities, obligations, covenants and duties owing by the Borrower to the Credit Union or to any other direct or indirect subsidiary of Cornerstone Federal Credit Union, of any kind or nature, present or future (including any interest accruing thereon after maturity, or after the filing of any petition in bankruptcy or the commencement of any insolvency, reorganization or like proceeding relating to the Borrower whether or not a claim for post-filing or post-petition interest is allowed in such proceeding) whether or not evidenced by any note, guaranty or other instrument, whether arising under any agreement, instrument or document, whether or not for the payment of money, whether arising by reason of an extension of credit, opening of a letter of credit, loan, equipment lease or guarantee, under any interest or currency swap, future, option or other interest rate protection or similar agreement, or in any other manner, whether arising out of overdrafts on deposit or other accounts or electronic funds transfers (whether through automated clearing houses or otherwise) or out of the Credit Union's non-receipt of or inability to collect funds or otherwise not being made whole in connection with depository transfer check or other similar arrangements, whether direct or indirect {including those acquired by assignment or participation), absolute or contingent, joint or several, due or to become due, now existing or hereafter arising, and any amendments, extensions, renewals or increases and all costs and expenses of the Credit Union incurred in the documentation, negotiation, modification, enforcement, collection or otherwise in connection with any of the foregoing, including reasonable attorneys' fees and expenses (hereinafter referred to collectively as the "Obligations"). If the Borrower defaults under any such Obligations, the Guarantor will pay the amount due to the Credit Union. 2. Nature of Guaranty Waivers. This is a guaranty of payment and not of collection and the Credit Union shall not be required, as a condition of the Guarantor's liability, to make any demand upon or to pursue any of its rights against the Borrower, or to pursue any rights which maybe available to it with respect to any other person who maybe liable for the payment of the Obligations. This is an absolute, unconditional, irrevocable and continuing guaranty and will remain in full force and effect until all of the Obligations have been indefeasibly paid in full, and the Credit Union has terminated this Guaranty. This Guaranty will remain in full force and effect even if there is no principal balance outstanding under the Obligations at a particular time or from time to time. This Guaranty will not be affected by any surrender, exchange, acceptance, compromise or release by the Credit Union of any other party, or any other guaranty or any security held by it for any of the Obligations, by any failure of the Credit Union to take any steps to perfect or maintain its lien or security interest in or to preserve its rights to any security or other collateral for any of the Obligations or any guaranty, or by any irregularity , unenforceability or invalidity of any of the Obligations or any part thereof or any security or other guaranty thereof. The Guarantor's obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, deduction or defense based upon any claim the Guarantor may have against the Borrower or the Credit Union, except payment or performance of the Obligations. Notice of acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to time, notice of default, diligence, presentment, notice of dishonor, protest, demand for payment, and any defense based upon the Bank's failure to comply with the notice requirements of the applicable version of Uniform Commercial Code . § 9-504 are hereby waived. The Guarantor waives all defenses based on suretyship or impairment of collateral. The Credit Union at any time and from time to time, without notice to or the consent of the Guarantor, and without impairing or releasing, discharging or modifying the Guarantor's liabilities hereunder, may (s) change the manner, place, time or terms of payment or performance of or interest rates on, or other terms relating to, any of the Obligations; (b) renew, substitute, modify, amend or alter, or grant consents or waivers relating to any of the Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) apply any and all payments by whomever paid or however realized including any proceeds of any collateral, to any Obligations of the Borrower in such order, manner and amount s the Credit Union may determine in its sole discretion; (d) settle, compromise or deal with any other person, including the Borrower or the Guarantor, with respect to any Obligations in such manner as the Credit Union deems appropriate in its sole discretion; (e) substitute, exchange or release any security or guaranty; or (f) take such actions and exercise such remedies hereunder as provided herein. 3. Renayments or Recovery from the Credit Union. If any demand is made at any time upon the Credit Union for the repayment or recovery of any amount received by it in payment or on account of any of the Obligations and if the Credit Union repays all or any part of such amount by reason of any judgement, decree or order of any court or administrative body or by reason of any settlement or compromise of any such demand, the Guarantor will be and remain liable hereunder for the amount so repaid or recovered to the same extent as if such amount had never been received originally by the Credit Union. The provisions of this section will be and remain effective notwithstanding any contrary action which may have been taken by the Guarantor in reliance upon such payment, and any such contrary action so taken will be without prejudice to the Credit Union's rights hereunder and will be deemed to have been conditioned upon such payment having become final and irrevocable. 4. Financial Statements. Unless compliance is waived in writing by the Credit Union until all of the Obligations have been paid in full, the Guarantor will promptly submit to the Credit Union such information relating to the Guarantor's affairs (including but not limited to annual financial statements and tax returns for the Guarantor) or any security for the Guaranty as the Credit Union may reasonable request. 5. Enforceability of Obligations. No modification, limitation or discharge of the Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors under federal or state law will affect, modify, limit or discharge the Guarantor's liability in any manner whatsoever and this Guaranty will remain and continue in full force and effect and will be enforceable against the Guarantor to the same extent and with the same force and effect as if any such proceeding had not been instituted. The Guarantor waives all rights and benefits which might accrue to it by reason of any such proceeding and will be liable to the full extent hereunder, irrespective of any modification, limitation or discharge of the liability of the Borrower that may result from any such proceeding. 6. Events of Default. The occurrence of any of the following shall be an "Event of Default". (i) any Event of Default (as defined in any of the Obligations); (ii) any default under any of the Obligations that does not have a defined set of "Events of Default" and the lapse of any notice or cure period provided in such Obligations with respect to such default; (iii) demand by the Credit Union under any of the Obligations that have a demand feature; (iv) the Guarantor's failure to perform any of its obligations hereunder; (v) the falsity, inaccuracy or material breach by the Guarantor of any written warranty, representation or statement made or furnished to the Credit Union by or on behalf of the Guarantor; or (vi) the termination or attempted termination of this Guaranty upon the occurrence of any Event of Default, (a) the Guarantor shall pay to the Credit Union the amount of the Obligations; or (b) on demand of the Credit Union, the Guarantor shall immediately deposit with the Credit Union, in U.S. dollars, all amounts due or to become due under the Obligations and the Credit Union may at any time use such funds to repay the Obligations; or (c) the Credit Union in its discretion may exercise with respect to any collateral any one or more of the rights and remedies provided a secured party under the applicable version of the Uniform Commercial Code; or (d) the Credit Union in its discretion may exercise from time to time any other rights and remedies available to it at law, in equity or otherwise. 7. Right of Setoff. In addition to all liens upon and rights of setoff against the Guarantor's money, securities or other property given to the Credit Union by law, the Credit Union shall have with respect tot the Guarantor's obligations to the Credit Union under this Guaranty and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and the Guarantor hereby assigns, conveys, delivers, pledges and transfers to the Credit Union all of the Guarantor's right, title and interest in and to, all of the Guarantor's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or in transit to the Credit Union or any other direct or indirect subsidiary of Cornerstone Federal Credit Union, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff maybe exercised without demand upon or notice to the Guarantor. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder without any action of the Credit Union, although the Credit Union may enter such setoff on its books and records at a later time. 8. Collateral. This Guaranty is secured by the property described in any collateral security documents which the Guarantor executes and delivers to the Credit Union and by such other collateral as previously may have been or may in the future be granted to the Credit Union to secure any obligations of the Guarantor to the Bank. 9. Costs. To the extent that the Credit Union incurs any costs or expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys; fees and the costs and expenses of litigation, such costs and expenses will be due on demand, will be included in the Obligations and will bear interest from the incurring or payment thereof at the Default Rate (as defined in any of the Obligations). 10. Postponement of Subrosation. Until the Obligations are indefeasibly paid in full, the Guarantor postpones and subordinates in favor of the Credit Union any and all rights which the Guarantor may have to (a) assert any claim against the Borrower based on subrogation rights with respect to payments made hereunder, and (b) any realization on any property of the Borrower, including participation in any marshalling of the Borrower's assets. 11. Power to Confess Juds~rtent The Guarantor hereby empowers 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 complaint filed, confess judgment, or a series of judgments, against the Guarantor in favor of the Credit Union for the amount of the Obligations and an attorney's commission of the greater of 10% of such principal and interest or $1,000 added as a reasonable attorney's fee, and far doing so this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and releases all errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held by 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 the Credit Union shall elect until such time as the Credit Union shall have received payment in full of the Obligations and costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorney's fees that the Credit Union may recover from the Guarantor shall not exceed the actual attorney's fees incurred by the Credit Union. 12. Notices. All notices, demands, requests, consents, approvals and other communications required or permitted hereunder must be in writing and will be effective upon receipt. Such notices and other communications may behand-delivered, sent by facsimile transmission with confirmation of delivery and a copy sent by first-class mail, or sent by nationally recognized overnight courier service, to the addresses for the Credit Union and the Guarantor set forth above or to such other address as one may give to the other in writing for such purpose. 13. Preservation of Rights. No delay or omission on the Credit Union's part to exercise any right or power arising hereunder will impair any such right or power to be considered a waiver of any such right or power, nor will the Bank's action or inaction impair any such right or power. The Credit Union's rights and remedies hereunder aze cumulative and not exclusive of any other rights or remedies which the Credit Union may have under other agreements, at law or in equity. The Credit Union may proceed in any order against the Borrower, the Guarantor or any other obligor of, or collateral securing, the Obligations. 14. Ille ali In case any one or more of the provisions contained in this Guaranty should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15. Changes in Writing. No modification, amendment or waiver of any provision of this Guaaanty nor consent to any departure by the Guarantor therefrom will be effective unless made in writing signed by the Credit Union, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Guazantor in any case will entitle the Guarantor to any other or further notice or demand in the same, similaz or other circumstance. 16. Entire Agreement. This Guaranty (including the documents and instruments referred to herein) constitutes the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the Guazantor and the Bank with respect to the subject matter hereof; provided, however, that this Guaranty is in addition to and not in substitution for, any other guarantees from the Guarantor to the Credit Union. 17. Successors and Assigns. This Guaranty will be binding upon and inure to the benefit of the Guarantor and the Credit Union and their respective heirs, executors, administrators, successors and assigns; provided, however, that the Guarantor may not assign this Guaranty in whole or in part without the Credit Union's prior written consent and the Credit Union at any time may assign this Guaranty in whole or in part. 18. Interuretation. In this Guaranty, unless the Credit Union and the Guarantor otherwise agree in writing, the singular includes the plural and the plural the singular; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word "or" shall be deemed to include "and/or", the words "including" "includes" and "include" shall be deemed to be followed by the words "without limitation"; and references to sections or exhibits are to those of this Guaranty unless otherwise indicated Section headings in this Guaranty are included for convenience of reference only and shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed by more than one party as Guarantor, the Obligations of such persons or entities will be joint and several. 19. Indemnity. The Guarantor agrees to indemnify the Credit Union, its directors, officers and employees and each legal entity, if any, who controls the Credit Union (the "Indemnified Parties") and to hold each Indemnified party harmless from and against any and all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or external counsel with whom any Indemnified Party may consult and all expenses of litigation or preparation therefor) which any Indemnified Farty may incur or which maybe asserted against any Indemnified Party as a result of the execution of or performance under this Guaranty, provided, however, that the foregoing indemnity agreement shall not apply to claims, damages, losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity agreement contained in this Section shall survive the termination of this Guaranty. The Guarantor may participate at its expense in the defense of any such claim. 20. Governing Law and Jurisdiction. This Guaranty has been delivered to and accepted by the Credit Union and will be deemed to be made in the State where the Credit Union's office indicated above is located. This Guaranty will be interpreted and the rights and liabilities of the Credit Union and the Guarantor determined in accordance with the Laws of the State where the Credit Union's office indicated above is located, excluding its conflict of laws rules. The Guarantor hereby irrevocably consents to the exclusive jurisdiction of any state or federal court in the county or judicial district where the Credit Union's office indicated above is located; provided that nothing contained in this Guaranty will prevent the Credit Union from bringing any action, enforcing any award or judgment or exercising any rights against the Guarantor individually, against any security or against any property of the Guarantor within any other county, state or other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the venue provided above is the most convenient forum for both the Credit Union and the Guarantor. The Guarantor waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Guaranty. 21. Waiver of Jurv Trial. The Guarantor is not an "applicant for credit" under Section 202.2 (e) of the Equal Credit Opportunity Act of 1974 ("ECOA"), the Guarantor acknowledges that (I) this Guaranty has been executed to provide credit support for the Obligations, and (ii) the Guarantor was not required to execute this Guaranty in violation of Section 202.7(d) of the ECOA. 22. Waiver of Jury Trial. The Guarantor irrevocably waives any and all right the Guarantor may have to a trial by jury in any action, proceeding or claim of any nature relating to this Guaranty, any documents executed in connection with this Guaranty or any transaction contemplated in any of such documents. The Guarantor acknowledges that the foregoing waiver is knowing and voluntary. The Guarantor acknowledges that it has read and understood all the provisions of this Guaranty, including the confession of judgment and waiver of jury trial, and has been advised by counsel as necessary or appropriate. The undersigned hereby certified that it's annual income exceeds $10,000; that all references to "the undersigned" above refer to all persons and entities signing below; and that the undersigned received a copy hereof at the time of signing. WITNESS the due execution hereof as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WITNESS Print Name ,. ., Tracy A. D lasio Print Name Print Name Account No..~ ~~ ~ ~ `- 7 1 Reli~le ~.rildir~g Servia~ ~-Y A. ~hlasio Philip J. L~alasio, Jr. P. O. F.~x 56 F]xala, Pa 17025 'Tracy A. Ikblasio 1~lilip J. Dd~l~sio, Jr. 99 Piro Cct~c Dri~2 Carlisle, Fa 17013 - *~.yee Att:ad~d tai 1 im GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is made and entered into as of this 8~h day of January, 2008, by Philip J. Deblasio, Jr. (the "Guarantor"), with an address at P. O. Box 56 Enola, Pa 17025, in consideration of the extension of credit by Cornerstone Federal Credit Union, (the "Credit Union"), with an address at 5 Eastgate Drive, Carlisle, Pennsylvania, 17013, to Reliable Building Services (the "Borrower"), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. 1. Guaranty of Oblisations. The Guarantor hereby guarantees, and becomes surety for, the prompt payment and performance of all loans, advances, debts, liabilities, obligations, covenants and duties owing by the Borrower to the Credit Union or to any other direct or indirect subsidiary of Cornerstone Federal Credit Union, of any kind or nature, present or future (including any interest accruing thereon after maturity, or after the filing of any petition in bankruptcy or the commencement of any insolvency, reorganization or like proceeding relating to the Borrower whether or not a claim for post-filing or post-petition interest is allowed in such proceeding) whether or not evidenced by any note, guaranty or other instrument, whether arising under any agreement,. instrument or document, whether or not for the payment of money, whether arising by reason of an extension of credit, opening of a letter of credit, loan, equipment lease or guarantee, under any interest or currency swap, future, option or other interest rate protection or similar agreement, or in any other manner, whether arising out of overdrafts on deposit or other accounts or electronic funds transfers (whether through automated clearing houses or otherwise) or out of the Credit Union's non-receipt of or inability to collect funds or otherwise not being made whole in connection with depository transfer check or other similar arrangements, whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint or several, due or to become due, now existing or hereafter arising, and any amendments, extensions, renewals or increases and all costs and expenses of the Credit Union incurred in the documentation, negotiation, modification, enforcement, collection or otherwise in connection with any of the foregoing, including reasonable attorneys' fees and expenses (hereinafter referred to collectively as the "Obligations"). If the Borrower defaults under any such Obligations, the Guarantor will pay the amount due to the Credit Union. 2. Nature of Guaranty Waivers. This is a guaranty of payment and not of collection and the Credit Union shall not be required, as a condition of the Guarantor's liability, to make any demand upon or to pursue any of its rights against the Borrower, or to pursue any rights which maybe available to it with respect to any other person who maybe liable for the payment of the Obligations. 'This is an absolute, unconditional, irrevocable and continuing guaranty and will remain in full force and effect until all of the Obligations have been indefeasibly paid in full, and the Credit Union has terminated this Guaranty. This Guaranty will remain in full force and effect even if there is no principal balance outstanding under the Obligations at a particular time or from time to time. This Guaranty will not be affected by any surrender, exchange, acceptance, compromise or release by the Credit Union of any other party, or any other guazanty or any security held by it for any of the Obligations, by any failure of the Credit Union to take any steps to perfect or maintain its lien or security interest in or to preserve its rights to any security or other collateral for any of the Obligations or any guaranty, or by any irregularity , unenforceability or invalidity of any of the Obligations or any part thereof or any security or other guaranty thereof. The Guarantor's obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, deduction or defense based upon any claim the Guarantor may have against the Borrower or the Credit Union, except payment or performance of the Obligations. Notice of acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to time, notice of default, diligence, presentment, notice of dishonor, protest, demand for payment, and any defense based upon the Bank's failure to comply with the notice requirements of the applicable version of Uniform Commercial Code .§ 9-504 are hereby waived. The Guarantor waives all defenses based on suretyship or impairment of collateral. The Credit Union at any time and from time to time, without notice to or the consent of the Guarantor, and without impairing or releasing, discharging or modifying the Guarantor's liabilities hereunder, may (s) change the manner, place, time or terms of payment or performance of or interest rates on, or other terms relating to, any of the Obligations; (b) renew, substitute, modify, amend or alter, or grant consents or waivers relating to any of the Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) apply any and alI payments by whomever paid or however realized including any proceeds of any collateral, to any Obligations of the Borrower in such order, manner and amount s the Credit Union may determine in its sole discretion; (d) settle, compromise or deal with any other person, including the Borrower or the Guarantor, with respect to any Obligations in such manner as the Credit Union deems appropriate in its sole discretion; (e) substitute, exchange or release any security or guaranty; or (f) take such actions and exercise such remedies hereunder as provided herein. 3. Repayments or Recovery from the Credit Union. If any demand is made at any time upon the Credit Union for the repayment or recovery of any amount received by it in payment or on account of any of the Obligations and if the Credit Union repays all or any part of such amount by reason of any judgement, decree or order of any court or administrative body or by reason of any settlement or compromise of any such demand, the Guarantor will be and remain liable hereunder for the amount so repaid or recovered to the same extent as if such amount had never been received originally by the Credit Union. The provisions of this section will be and remain effective notwithstanding any contrary action which may have been taken by the Guarantor in reliance upon such payment, and any such contrary action so taken will be without prejudice to the Credit Union's rights hereunder and will be deemed to have been conditioned upon such payment having become final and irrevocable. 4. Financial Statements. Unless compliance is waived in writing by the Credit Union until all of the Obligations have been paid in full, the Guarantor will promptly submit to the Credit Union such information relating to the Guarantor's affairs (including but not limited to annual financial statements and tax returns for the Guarantor) or any security for the Guaranty as the Credit Union may reasonable request. 5. Enforceability of Obligations. No modification, limitation or discharge of the Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors under federal or state law will affect, modify, limit or discharge the Guarantor's liability in any manner whatsoever and this Guaranty will remain and continue in full force and effect and will be enforceable against the Guarantor to the same extent and with the same force and effect as if any such proceeding had not been instituted. The Guarantor waives all rights and benefits which might accrue to it by reason of any such proceeding and will be liable to the full extent hereunder, irrespective of any modification, limitation or discharge of the liability of the Borrower that may result from any such proceeding. 6. Events of Default. The occurrence of any of the following shall be an "Event of Default". (i) any Event of Default (as defined in any of the Obligations); (ii) any default under any of the Obligations that does not have a defined set of "Events of Default" and the lapse of any notice or cure period provided in such Obligations with respect to such default; (iii) demand by the Credit Union under any of the Obligations that have a demand feature; (iv) the Guarantor's failure to perform any of its obligations hereunder; (v) the falsity, inaccuracy or material breach by the Guarantor of any written warranty, representation or statement made or furnished to the Credit Union by or on behalf of the Guarantor; or (vi) the termination or attempted termination of this Guaranty upon the occurrence of any Event of Default, (a) the Guarantor shall pay to the Credit Union the amount of the Obligations; or (b) on demand of the Credit Union, the Guarantor shall immediately deposit with the Credit Union, in U.S. dollars, all amounts due or to become due under the Obligations and the Credit Union may at any time use such funds to repay the Obligations; or (c) the Credit Union in its discretion may exercise with respect to any collateral any one or more of the rights and remedies provided a secured party under the applicable version of the Uniform Commercial Code; or (d) the Credit Union in its discretion may exercise from time to time any other rights and remedies available to it at law, in equity or otherwise. 7. Risht of Setoff. In addition to all liens upon and rights of setoff against the Guarantor's money, securities or other property given to the Credit Union by law, the Credit Union shall have with respect tot the Guarantor's obligations to the Credit Union under this Guaranty and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and the Guarantor hereby assigns, conveys, delivers, pledges and transfers to the Credit Union all of the Guarantor's right, title and interest in and to, all of the Guarantor's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or in transit to the Credit Union or any other direct or indirect subsidiary of Cornerstone Federal Credit Union, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff maybe exercised without demand upon or notice to the Guarantor. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder without any action of the Credit Union, although the Credit Union may enter such setoff on its books and records at a later time. 8. Collateral. This Guaranty is secured by the property described in any collateral security documents which the Guazantor executes and delivers to the Credit Union and by such other collateral as previously may have been or may in the future be granted to the Credit Union to secure any obligations of the Guarantor to the Bank. 9. Costs. To the extent that the Credit Union incurs any costs or expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys; fees and the costs and expenses of litigation, such costs and expenses will be due on demand, will be included in the Obligations and will bear interest from the incurring or payment thereof at the Default Rate (as defined in any of the Obligations). 10. Postaonement of Subrogation.. Until the Obligations are indefeasibly paid in full, the Guarantor postpones and subordinates in favor of the Credit Union any and all rights which the Guarantor may have to (a) assert any claim against the Borrower based on subrogation rights with respect to payments made hereunder, and (b) any realization on any property of the Borrower, including participation in any marshalling of the Borrower's assets. 11. Power to Confess Judgment The Guarantor hereby empowers 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 complaint filed, confess judgment, or a series of judgments, against the Guarantor in favor of the Credit Union for the amount of the Obligations and an attorney's commission of the greater of 10% of such principal and interest or $1,000 added as a reasonable attorney's fee, and for doing so this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and releases all errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held by 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 the Credit Union shall elect until such time as the Credit Union shall have received payment in full of the Obligations and costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorney's fees that the Credit Union may recover from the Guarantor shall not exceed the actual attorney's fees incurred by the Credit Union. 12. Notices. All notices, demands, requests, consents, approvals and other communications required or permitted hereunder must be in writing and will be effective upon receipt. Such notices and other communications may behand-delivered, sent by facsimile transmission with confirmation of delivery and a copy sent by first-class snail, or sent by nationally recognized overnight courier service, to the addresses for the Credit Union and the Guarantor set forth above or to such other address as one may give to the other in writing for such purpose. 13. Preservation of Rights. No delay or omission on the Credit Union's part to exercise any right or power arising hereunder will impair any such right or power to be considered a waiver of any such right or power, nor will the Bank's action or inaction impair any such right or power. The Credit Union's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Credit Union may have under other agreements, at law or in equity. The Credit Union may proceed in any order against the Borrower, the Guarantor or any other obligor of, or collateral securing, the Obligations. 14. Ille ali In case any one or more of the provisions contained in this Guaranty should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15. Changes in Writing. No modification, amendment or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor therefrom will be effective unless made in writing signed by the Credit Union, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Guarantor in any case will entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance. 16. Entire Agreement. This Guaranty (including the documents and instruments referred to herein) constitutes the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the Guarantor and the Bank with respect to the subject matter hereof; provided, however, that this Guaranty is in addition to and not in substitution for, any other guarantees from the Guarantor to the Credit Union. 17. Successors and Assigns. This Guaranty will be binding upon and inure to the benefit of the Guarantor and the Credit Union and their respective heirs, executors, administrators, successors and assigns; provided, however, that the Guarantor may not assign this Guaranty in whole or in part without the Credit Union's prior written consent and the Credit Union at any time may assign this Guaranty in whole or in part. 18. Interpretation. In this Guaranty, unless the Credit Union and the Guarantor otherwise agree in writing, the singular includes the plural and the plural the singular; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word "or" shall be deemed to include "and/or", the words "including" "includes" and "include" shall be deemed to be followed by the words "without limitation"; and references to sections or exhibits are to those of this Guaranty unless otherwise indicated Section headings in this Guaranty are included for convenience of reference only and shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed by more than one parry as Guarantor, the Obligations of such persons or entities will be joint and several. 19. Indemnity. The Guarantor agrees to indemnify the Credit Union, its directors, officers and employees and each legal entity, if any, who controls the Credit Union (the "Indemnified Parties") and to hold each Indemnified party harmless from and against any and all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or external counsel with whom any Indemnified Party may consult and all expenses of litigation or preparation therefor) which any Indemnified Party may incur or which maybe asserted against any Indemnified Party as a result of the execution of or performance under this Guaranty, provided, however, that the foregoing indemnity agreement shall not apply to claims, damages, losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity agreement contained in this Section shall survive the termination of this Guaranty. The Guarantor may participate at its expense in the defense of any such claim. 20. Governing Law and Jurisdiction. This Guaranty has been delivered to and accepted by the Credit Union and will be deemed to be made in the State where the Credit Union's office indicated above is located. This Guaranty will be interpreted and the rights and liabilities of the Credit Union and the Guarantor determined in accordance with the Laws of the State where the Credit Union's office indicated above is located, excluding its conflict of laws rules. The Guarantor hereby irrevocably consents to the exclusive jurisdiction of any state or federal court in the county or judicial district where the Credit Union's office indicated above is located; provided that nothing contained in this Guaranty will prevent the Credit Union from bringing any action, enforcing any award or judgment or exercising any rights against the Guarantor individually, against any security or against any property of the Guarantor within any other county, state or other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the venue provided above is the most convenient forum for both the Credit Union and the Guarantor. The Guarantor waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Guaranty. 21. Waiver of Jury Trial. The Guarantor is not an "applicant for credit" under Section 202.2 (e) of the Equal Credit Opportunity Act of 1974 ("ECOA"), the Guarantor acknowledges that (I) this Guaranty has been executed to provide credit support for the Obligations, and (ii) the Guarantor was not required to execute this Guaranty in violation of Section 202.7(d) of the ECOA. 22. Waiver of Jury Trial. The Guarantor irrevocably waives any and all right the Guarantor may have to a trial by jury in any action, proceeding or claim of any nature relating to this Guaranty, any documents executed in connection with this Guaranty or any transaction contemplated in any of such documents. The Guarantor acknowledges that the foregoing waiver is knowing and voluntary. The Guarantor acknowledges that it has read and understood all the provisions of this Guaranty, including the confession of judgment and waiver of jury trial, and has been advised by counsel as necessary or appropriate. The undersigned hereby certified that it's annual income exceeds $10,000; that all references to "the undersigned" above refer to all persons and entities signing below; and that the undersigned received a copy hereof at the tune of signing. WITNESS the due execution hereof as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WITNESS ~~~ ~. 7 ~~ y ~ L7 Kli rr~/Z Print Name Print Name Print Name Account No. ~ `f~~7' `7~ tael.iable Building services ~acq A. Rio F~i1i~ J. D~lasio, Jr. P. O. Bic 56 F.2~ala, Pa 17025 Tracy A. D~alasi o L~i].ip J. Ddalasio, Jr. 99 Pig C~~ Dive Cdr] isle, Pa 17013 VERIFICATION I, Roxane L. Kain, Director of Lending Services for Cornerstone Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Cornerstone Federal Credit Union and certify that the foregoing Complaint for Confession of Judgment is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint for Confession of Judgment is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint for Confession of Judgment is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. CORNERSTONE FEDERAL CREDIT UNION By: Roxane L. Kain, Director of Lending Services ,~ Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. . NO. 2010 - ~ ~~p CIVIL TERM TRACY A. DeBLASIO and PHILIP J. DeBLASIO, Jr., individually and collectively d/b/a RELIABLE . BUILDING SERVICES, Defendants . NOTICES 1N CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 PA. C.S.A. §2737.1. (Act 105 of 2(100) To: Defendants PURSUANT TO 42 PA. C.S.A. SECTION 2737.1, IF YOU HAVE BEEN INCORRECTLY IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YOU, YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. INSTRUCTIONS REGARDING THE PROCEDURE TO STRIKE THE CONFESSED JUDGMENT ARE SET FORTH BELOW: Pennsylvania Rule of Civil Procedure 2959 -Striking Off Judgment (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriffto enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only: (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c}(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiffshall file an answer on or before the return of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which aze not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment aze pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regazding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. 1 1 (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. You may have other rights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ,` Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney LD. No, 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. . NO. 2010 - `~ ~ / ~ CTVII., TERM TRACY A. DeBLASIO and : PHILIl' J. DeBLASIO, Jr., individually : and collectively d/b/a RELIABLE BUILDING SERVICES, Defendants CERTIFICATE OF RESIDENCE We hereby certify that the last known addresses of the Defendants are: Tracy A. DeBlasio 99 Pine Creek Drive Carlisle, PA 17013 Philip J. DeBlasio, Jr. 99 Pine Creek Drive Cazlisle, PA 17013 The address of Plaintiff is: 5 East Gate Drive, Cazlisle, PA 17013 MARTSON LAW OFFICES Christopher E. Rice, Esquire Date: ~ ~ _ r ~ l G Attorneys for Plaintiff w Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GII,ROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT UNION, Plaintiff v. TRACY A. DeBLASIO and PHILIP J. DeBLASIO, Jr., individually and collectively dlb/a RELIABLE BUII,DING SERVICES, Defendants IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2010- `7~~f(~ CIVIL TERM AFFIDAVIT I, Christopher E. Rice, Esquire, attorney for Plaintiff, hereby certify, that to the best of my knowledge, that the Confession of Judgment for Money attached is not being entered against a natural person in connection with a consumer credit transaction. ~ ~ n Christopher E. Rice, Esquire Sworn to and subs bed before me this 31~day of ~~~ , 2010. r~ Notary ublic ~MpNWEALfiH OF PENNSYLVANIA Notarial Seal Mary M. Price. No~ry Pubic ~~ ~~ ~ 1~20y11 My GorrKrlission E> Aup. a Member, Pennsylvania Association of Notaries f t Christopher E. Rice, Esquire Attorney LD. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF ~,LIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT UNION, ~ IIV THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. TRACY A. DeBLASIO and : NO. 2010 - `~ 7 ~ ~ CIVIL TERM PHILIl' J. DeBLASIO, Jr., individually and collectively d/b/a RELIABLE BUILDING SERVICES, ' Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. Christopher E. Rice, Esquire, being duly sworn according to law, deposes and sa has authority to make this affidavit on behalf of his client, and to the best o ys that he information and belief, the Defendants Tracy A. DeBlasio and Philip J. DeBlasio f his knowledge, military service of the United States of America, that he has knowledge that Trac ~ Jr ~ are not in the Philip J. DeBlasio, Jr., reside at 99 Pine Creek Drive, Carlisle, Pennsylvania. y A' DeBlasio and C~o~ ~' ~2 Christopher E. Rice, Esquire Sworn ,,toted subsc ' before me this 1:~ day of 1 2010. of lic AFFIDAVIT AS TOM IT Y ERVICE COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Pltce, Notary Public Carlisle Bono, Cumtberland CourNy My Commission Expires Aug. 18, 2011 Member, Pennsylvania Association of Notaries SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor rzr?.c _ '-5-??? FILED-OF IC:- r PRQTi 7 f IE `i 3 cuMBERLAND Cornerstone Federal Credit Union vs. Philip J. DeBlasio (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2010-7740 12/21/2010 04:56 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2010 at 1656 hours, he served a true copy of the within Complaint onfession of Judgment, upon the within named defendant, to wit: Philip J. DeBlasio, by maki g k own unto himself personally, at 99 Pine Creek Drive, Carlisle, Cumberland County, Penn Ivani 170 3 its contents and at the same time handing to him personally the said true and correct copfie ame r S DEPUTY 12/21/2010 04:56 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2010 at 1656 hours, he served a true copy of the within Complaint in Confession of Judgment, upon the within named defendant, to wit: Tracy A. DeBlasio, by making wn unto Philip J. DeBlasio, Husband of defendant at 99 Pine Creek Drive, Carlisle, Cumbe nd C n Pennsylvania 17013 its contents and at the same time handing to him personally the s i nd rrect copy of the same. S SHERIFF COST: $49.84 December 22, 2010 N, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF q Co?.mfy5'.:i to, Sh(r.ff, T e!ecso I Wrc, FAFILES\Clients\13915 Comerstone FCU\I3915.4 DeBalsio\13915.4.pra.writ.executionl.wpd/drg Christopher E. Rice, Esquire ? Attorney I.D. No. 90916 cx? T7 ?, 171 T^ tt Seth T. Mosebey, Esquire -,V Attorney I.D. No. 203046 r MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES a 10 East High Street Carlisle, PA 17013 ' (717) 243-3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT UNION, Plaintiff V. TRACY A. DeBLASIO and PHILIP J. DeBLASIO, Jr., individually and collectively d/b/a RELIABLE BUILDING SERVICES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 7740 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter, CIVIL TERM G??a3yss 3 00 3; 7, SD (-osus !gF S yy ?? i r ? . SD p ?- ?7 /03 (1) Directed to the Sheriff of Cumberland County, Pennsylvania; 9 'a'06 Ac (2) Against Tracy A. DeBlasio and Philip J. DeBlasio, Jr., 99 Pine Creek Drive, Co Carlisle, Cumberland County, Pennsylvania. 17013 r, b Pu C ki- (3) Index this writ against Tracy A. DeBlasio and Philip J. DeBlasio, Jr., individually and collectively d/b/a Reliable Building Services, Defendants; (4) Balance $33,756.93 Interest (through 11/2/10) $914.03 Interest from November 2, 2010, at the rate of $4.16 per day $ Costs to be added $ Counsel Fees $3,375.69 Total $ Direct the Sheriff of Cumberland County to execute upon any and all personal property held by the above Defendants. * To be determined by the Sheriff of Cumberland County. MARTSON LAW OFFICES By: e'! - rz-- > Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: VIX111 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Cornerstone Federal Credit Union and any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Tracy A. DeBlasio 99 Pine Creek Drive Carlisle, PA 17013 Philip J. DeBlasio, Jr. 99 Pine Creek Drive Carlisle, PA 17013 MARTSON LAW OFFICES By: p, M". Price Ten Last High Street Carlisle, PA 17013 (717) 243-3341 Dated: / ?411 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7740 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CORNERSTONE FEDERAL CREDIT UNION Plaintiff (s) From TRACY A. DEBLASIO AND PHILIP J. DEBLASIO, JR., 99 PINE CREEK CRIVE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY HELD BY THE ABOVE DEFENDANTS. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$33,756.93 L.L.$.50 Interest (THROUGH 11/2/10) - $914.03 Atty's Comm % Atty Paid $103.84 Plaintiff Paid Due Prothy $2.00 Other Costs: COUNSEL FEES - $3,375.69 Interest from November 2, 2010 at the rate of 4.16 per day - to be determined by Sheriff Costs to be added - to be determined by Sheriff Date: JAUNARY 14, 2011 (Seal) 4J! v DO". Buell, Protho otary By: Deputy REQUESTING PARTY: Name Christopher E. Rice, Esq. Address: Martson Law Offices, 10 East High Street, Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 90916 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7689 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR AMERIQUEST MORTGAGE SECURITIES TRUST 2005-R6, ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES 2005-R6 Plaintiff (s) From CAROLE A. HEIKEL JAMES E. HEIKEL, SR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,630.29 L.L. Interest FROM 12/30/2009 TO DATE OF SALE PER DIEM AT $22.40 Atty's Comm % Atty Paid $1,012.88 Plaintiff Paid Date: 01/20/2011 (Seal) Due Prothy $2.00 Other Costs TO BE ADDED REQUESTING PARTY: Name: MICHAEL, MCKEEVER, ESQUIRE Address: GOLDBECK, MCCAFFERTY & MCKEEVER SUITE 5000- MELLON INDEPENDENCE CENTER 701 MARKET STREET Deputy PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF - Telephone: 215-627-1322 Supreme Court ID No. 56129