Loading...
HomeMy WebLinkAbout11-0520METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVA a -z V. NO. ")b 1- sa (!i v, Term 2= F <3> n 1 TOD G. SHEDLOSKY and 0 <0 Aw. LISA T. SHEDLOSKY, zo 5 zC--) Defendants : CIVIL ACTION - LAW 32,4= °• AM -< c.n -< CONFESSION OF JUDGMENT Pursuant to the authority contained in the Note, as defined in the Complaint filed in the above captioned case and evidenced by Exhibit A to said Complaint, we appear for Defendants, Tod G. Shedlosky and Lisa T. Shedlosky and confess judgment against them in favor of Plaintiff, Metro Bank, as follows: Principal: $622,156.40 Accrued Interest: $ 15,812.44 Late Fees: $ 6,808.33 Attorney's Fees (10% commission): $ 62,215.64 Total: $706,992.81 *along with interest accruing at the current per diem rate of $198.74 from January 20, 2011 until paid in full McNEES WALLACE & NURICK LLC Date: January 19, 2011 By - Clayton "W. Dav' on PA Attorney . No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(&mwn.com Attorneys for Plaintiff, Metro Bank f$a7 tar j METRO BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. TOD G. SHEDLOSKY and LISA T. SHEDLOSKY, Defendants : CIVIL ACTION - LAW NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Tod G. Shedlosky Lisa T. Shedlosky 6346 Powderhorn Road Mechanicsburg, PA 17050 A judgment in the amount of $706,992.81 has been entered against you and in favor of Susquehanna Bank, in the above captioned case without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC Date: January 19, 2011 By: Clayton W. David n Attorney I.D. X39 100 Pine Stre - .O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: '717-260-1678 Phone: 717-232-8000 cdavidson@mwn.com Attorneys for Plaintijf, Metro Bank Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(amwn.com Attorneys for Plaintiff, Metro Bank f.- T N4- LARD -OTHONOTARY 2011 JAN 20 AM 10: 45 CUMBERLAND COUNTY PENNSYLVANIA METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. o? D l (' S? N, ??- wt TOD G. SHEDLOSKY and LISA T. SHEDLOSKY, Defendants : CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Metro Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff, Metro Bank (the `Bank"), is a Pennsylvania financial institution with an office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. Defendants, Tod G. and Lisa T. Shedlosky (the "Debtors"), are adult, married individuals last known residing at 6346 North Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. On November 5, 2007, the Bank loaned the Debtors $650,000.00 (the "Loan") for a business purpose as evidenced by a note (the "Note") dated the same. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note (less any applicable tax identification numbers). 4. The Debtors have defaulted under the Note by failing to make the payments when due thereunder. 5. All amounts due and owing under the Note have been accelerated as a result of the Debtors failing to make payments when due under the Note. 6. The total sum due and owing under the Note, as of January 19, 2011, is itemized as follows: Principal: $622,156.40 Accrued Interest: $ 15,812.44 Late Fees: $ 6,808.33 Attorney's Fees 10% commission): $ 62,215.64 Total: $706,992.81 *along with interest accruing at the current per diem rate of $198.74 from January 20, 2011 until paid in full (the "Indebtedness"). 7. All conditions precedent have been satisfied to allow the Bank to confess judgment against the Debtors under the Note and the Debtors have no right to cure their payment defaults under the Note. 8. The Bank is the holder of the Note. 9. The Note was executed and delivered in connection with a business transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 10. Judgment has not been confessed or entered under the Note in any other jurisdiction. 11. The 10% attorney's fee commission included. in the confessed judgment is authorized under the Note and said percentage is being used to calculate a sum certain for purposes of confessing judgment; however, the Bank will only seek and recover its actual and reasonable attorney's fees for costs of collection in this matter. WHEREFORE, Plaintiff, Metro Bank, hereby requests this Court to enter judgment by confession against Tod G. Shedlosky and Lisa T. Shedlosky in the amount of $706,992.81 along with interest accruing at the per diem rate of $198.74 from January 20, 2011 until paid in full. McNEES WALLACE & NURICK LLC Date: January 19, 2011 By Clayto W. David n PA Attorney I. . No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson amwn.com Attorneys for Plaintiff, Metro Bank VERIFICATION I, David M. Chajkowski, verify that I am authorized to make this verification on behalf of Metro Bank, and that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. David M. Chajkowskii ?1 ??? PROMISSORY NOTE COPY References in the boxes above are for Lender's use only and do not limit-the applicability of this. document to any particular loan or item. Anv item above containing """" has been omitted due to text length limitations. Borrower: Tod G. Shedlosky Lender: COMMERCE BANK/HARRISBURG N.A. Lisa T. Shedlosky LOAN SERVICING 6346 North Powderhorn Road 3801 PAXTON STREET Mechanicsburg, PA 17050 HARRISBURG, PA 17111 (888) 937-0004 Principal Amount: $650,000.00 Date of Note: November 30, 2007 PROMISE TO PAY. Tod G. Shedlosky and Lisa T. Shedlosky ("Borrower") jointly and severally promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of Six Hundred Fifty Thousand & 00/100 Dollars ($650,000.00), together with interest on the unpaid principal balance from November 30, 2007, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 12 monthly consecutive interest payments, beginning December 30, 2007, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum; 48 monthly consecutive principal and interest payments in the initial amount of $5,278.71 each, beginning December 30, 2008, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum; 191 monthly consecutive principal and interest payments in the initial amount of $5,628.10 each, beginning December 30, 2012, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Section of the Wall Street Journal (currently 7.500%), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 8.500%; and one principal and interest payment of $5,627.10 on November 30, 2028, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Section of the Wall Street Journal (currently 7.500%), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 8.500%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each daily. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 7.500% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, IB) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shall be subject to a penalty charge of 5% during the first year of amortization and declining 1% per year thereafter to par. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed arnount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., LOAN SERVICING, PO BOX 4999 HARRISBURG, PA 17111-0999. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 4.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this Note would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. PROMISSORY NOTE Loan No: 3564650 (Continued) Page 2 False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) an Open-End Mortgage dated November 30, 2007, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. OPTION TO DECLARE LOAN DUE. Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the term established in the "Payment" section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all interest which shall have accrued thereon to be due and payable on the fifth (5th) anniversary of the date of this Promissory Note and on each succeeding Five (5) year anniversary of that date during the term hereof, hereinafter referred to as "Loan Call Date". In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan Call Date. In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at least 90 days prior to the Loan Call Date. Borrower shall, on or before the Loan Call Date immediately following such notice, repay the entire principal balance due under the Promissory Note together with all unpaid interest which shall have accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of the within loan transaction. Notice provided by first class mail to Borrower's last known address shall be deemed to have been delivered when deposited in the mail. POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party(ies) involved in the loan transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan which was incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten (10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default under the Loan. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about November 5, 2007. Upon breach of any term of condition therein Lender shall have tho right to declare this loan in default and demand payment in full of the principal balance remaining unpaid, together with all interest, which shall have accrued thereon. . INTEREST RESERVE. Borrower authorizes Le-ler to place $50,000.00 of the Principal Amount ? n interest reserve, which is an estimate of the interest due on the Note ("Interest Reser All interest payments shall be paid from the Intc Reserve. Lender may automatically deduct accrued unpaid interest from the Interest Re ve. In the event the interest due under this Note excCeds the Interest Reserve, Borrower will pay PROMISSORY NOTE Loan No: 3564650 (Continued) page 3 01 accrued interest when due according to the terms of this Note. Upon maturity, Lender will not advance or disburse the remaining Interest ,Reserve, if any, to Borrower. The principal due upon maturity will not include any remaining Interest Reserve. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLE GES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN NDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X (Seal) X (Seal) Tod G. Shedlosky Lisa T. Shedlosky LASER PRO LenA'n9. Va. 5.]8.00.001 CPP. -And Fi .,W SPbli-. Inc. 1997. 2007. All Right, R-,l,l. PA H:IWINAPPSILPNlMCFIILPL%D2O.FC 71-25256 PR 19 DISCLO,.---ARE FOR CONFESSION OF J?----)GMENT References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Anv item above containing '***" has been omitted due to text length limitations. Borrower: Tod G. Shedlosky Lisa T. Shedlosky 6346 North Powderhorn Road Mechanicsburg, PA 17050 Lender: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111 (888) 937-0004 Declarant: Lisa T. Shedlosky 6346 North Powderhorn Road Mechanicsburg, PA 17050 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ??AY OF NNW 20 UJ A PROMISSORY NOTE FOR $650,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT `AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. / NITIALS: :::::? B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING 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. NITIALS: s C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. LI Y 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: r c ?-1 Uilo" LIZ -(Seal) Lisa T. Shedlo ky LASER PRO Lending, V- 5.38.0O.004 COP. HA-d FM-n W.-- Inc. 1997, 2.7, All RI9h" Reserved. PA H. MINAPPSILMINICFIILPLIO]O. FC TR-I5356 PR 19 f .. DISCLO ---ARE FOR CONFESSION OF A- -)GMENT References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Anv item above containing "••"" has been omitted due to text length limitations. Borrower: Tod G. Shedlosky Lisa T. Shedlosky 6346 North Powderhorn Road Mechanicsburg, PA 17050 Declarant: Tod G. Shedlosky 6346 North Powderhorn Road Mechanicsburg, PA 17050 Lender: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111 (888) 937-0004 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS _ DAY OF V 20_?OA PROMISSORY NOTE FOR $650,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT AGAINST M E .. ... .ONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARIN FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZIN PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWING WAIVING THES RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY MANNER PER T BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVA ITIALS: ::< C. AFTER HA G READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS A STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS AINS LANGUAGE THAT WOULD PERMIT G, TO EXECUTE ON THE JUDGMENT BY G MY PROPERTY, IN FULL OR PARTIAL TO ADVANCE NOTICE AND A HEARING LY, INTELLIGENTLY AND VOLUNTARILY EXECUTING ON THE JUDGMENT IN ANY NCE NOTICE. RE APPLICABLE, BY INITIALING EACH 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED AUTRUMENT ACCORDING TO LAW. DECLARANT: ?t f Seal) TO ADVANCE OTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT ITIALS: :?';?:`;> :`? :?'''ii: B. 1 FURTHER ERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE LASER PRO Lending. V". 5.36.OO.OW C p . --d F, ..,W Solution 1 c. 1997, 2007. All Pill- R served. PA H:%WlNAPMLPWftCFl%LPL%030.FC TR25256 PR 19 METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. TOD G. SHEDLOSKY and LISA T. SHEDLOSKY, Defendants : CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO: Tod G. & Lisa T. Shedlosky 6346 North Powderhorn road Mechanicsburg, PA 17050 You are hereby notified that on January _, 2011, a judgment by confession was entered against each of you in the above-captioned case in favor of Metro Bank as follows: Principal: $622,156.40 Accrued Interest: $ 15,812.44 Late Fees: $ 6,808.33 Attorney's Fees (10% commission): $ 62,215.64 Total: $706,992.81 *along with interest accruing at the current per diem rate of $198.74 from January 20, 2011 until paid in full r-17) DATE: 1ZVMONOTAkY METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. -c rnw c...-, TOD G. SHEDLOSKY and =M = LISA T. SHEDLOSKY, v a c ' Defendants : CIVIL ACTION - LAW ca s?• o? AFFIDAVIT OF NON-MILITARY SERVICE =? ac7 The undersigned, being duly sworn according to law, deposes and says to the best oPhis - information, knowledge and belief that Tod G. and Lisa T. Shedlosky are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Tod G. and Lisa T. Shedlosky are over eighteen (18) years of age and were last known residing at 6346 North Powderhorn Road, Mechanicsburg, Pennsylvania, 17050. SWORN and subscribed to before me this/CA&y of January, 2011. Notary Public My Commission Expires (SEAL) Clayton WD av' son CAMMONwmrii or- PENN?VMP" Notarial Seal Public Elie' M. palMer, D uuphin county City of manisburg, res AUG. 1, 2014 My Commission Expl METRO BANK, Plaintiff V. TOD G. SHEDLOSKY and LISA T. SHEDLOSKY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I, Clayton W. Davidson, certify that the addresses for the Defendants is: 6346 North Powderhom Road Mechanicsburg, PA 17050 mm xm ?r -< z DC)C) =a ? Z -r. r-j L st rv 0 x• O rn I further certify the address for the Plaintiff is 3801 Paxton Street, Harrisburg, PA 17111. McNEES WALLACE & NURICK LLC Date: January 19, 2011 B Y Clayton . Davidson PA Attorney I.D. .79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cavidson@mwn.com C) rn- r- ran a c? o-n o? ?m b Attorneys for Plaintiff, Metro Bank .l METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . C) sv ; V. NO. 2011-520 Civil Term -ate = = r n a3 -n r-l i = -' TOD G. SHEDLOSKY and r Cc ._ Ur-rl Ica LISA T. SHEDLOSKY, CDc Defendants :CIVIL ACTION -LAW C) -- o ; RETURN OF SE RVICE REGARDING NOTICE UNDER Pa.R.Civ.P. 2958.1 OF JUDGMENT AND EXECUTION THEREON Plaintiff, Metro Bank, files this Return of Service in accordance with Pa. R. Civ. P. 2958.1(c) and hereby swears and affirms that Defendants, Tod and Lisa Shedlosky, were served with a Notice under Pa. R.C.P. No. 2958.1 of Judgment and Execution Thereon by Certified Mail on January 31, 2011, at 6346 Powderhorn Road, Mechanicsburg, PA 17050, as provided by Pa.R.Civ.P. 403, as is evidenced by a true and correct copy of the Certified Mail card attached hereto. McNEES WALLACE & NURICK LLC Date: February 10, 2011 By: 1 \ Clayton W. avidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonL;mwn.com Attorneys for Metro Bank ..1 , t 2. Article Number 7160 3901 9848 9176 8700 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) Dyes Lisa T. Shedlosky 6346 Powderhorn Road Mechanicsburg, PA 17050 22110-13 225 o rorm mi i, January 2oo5 Domestic Return Receipt 2. Article Number C. A. R 7d?ftro?nt e of DeNvery 7160 3401 X / ? D. Is del ry addrea nfmmftem , y" IfYES, girder delivery address beicw: l] No 3. Service Type CERTIFIED MAIL @?\C, 6 4. Restricted Delivery? (Extra Fee) Dyes 1. Article Addressed to: Tod G. Shedlosky 2011 `1 =6346 Powderhorn Road Mechanicsburg, PA 17050 22110-13 A 225 PS Form 3811, January 2005 Domestic Return Receipt b j a METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL N A cz1 ' V. n' NO. 2011-520 ' Cn -< ....7t"•F TOD G. SHEDLOSKY and r-2: LISA T. SHEDLOSKY C' n ? ? -'- o -z- Defendants CIVIL ACTION - LAW 5: c Z5 C:) F > -tea cra METRO BANK'S PRAECIPE TO VACATE CONFESSED JUDGMENT WITHOUT PREJUDICE AND DISCONTINUE THE ACTION WITHOUT PREJUDICE TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please mark the judgment entered in the above captioned case as vacated without prejudice and discontinue all further action without prejudice. McNEES WALLACE & NURICK LLC Date: August 2, 2011 By: l?? Clayt W. vidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsongmwn.com Attorneys for Plaintiff, Metro Bank a"I Cab3"180 0 abana CERTIFICATE OF SERVICE The undersigned hereby certifies on this day that a true and correct copy of the attached Praecipe to Vacate Confessed Judgment Without Prejudice and Discontinue the Action Without Prejudice was served by first-class United States mail, postage prepaid, addressed as follows: Stephen C. Nudel, Esquire Law Offices Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 Date: August 2, 2011 Clayton W. (Davidson