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HomeMy WebLinkAbout11-3520i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: J J - 3 <??? (1 VS. TECHHARMONY, INC., JESSICA BROUGHTON and n GERALD R. BROUGHTON, ? =? Defendants. v ., r= ? r C:5° CONFESSION OF JUDGMENT -- c? Pursuant to the authority in the Warrant of Attorney contained in the aforesaid Note and the Guaranties thereof, copies of which are attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of Plaintiff and against Defendants as follows : Principal $ 49,724.45 Interest through 4/4/2011 $ 488.72 Late Charges $ 7,605.95 Attorney's Fees and Costs $ 8,672.86 (15% of Total Due) TOTAL $ 66,491.98 with interest on the principal sum of ($49,724.45) from April 4, 2011 at $7.2514 per diem. JAMES, SN 'HDn-TTERICK & CONNE BY: Scott A. ie enck Esquire Attorneys for Defendants PRO HAC VICE PA I.D. # 55650 -7 61.) S P.O. Box 650 c Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, vs. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Plaintiff, Defendants TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. A-?& ATTO IFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 1114 East Carson Street Pittsburgh, PA 15203 AND THE DEFENDANT(S): 226 Erford Road, Cqmp Hill, PA 17011 PLAINTIFF NO.. TYPE OF PLEADING: CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT FILED ON BEHALF OF: First National Bank of Pennsylvania Successor by Merger to The Legacy Bank, Plaintiff. COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : Successor by Merger to THE LEGACY BANK, Plaintiff, VS. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. CIVIL DIVISION NO.: 3 S'" I ??. ?o c;.,. CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT And now comes First National Bank of Pennsylvania, Successor by Merger to The Legacy Bank by its attorneys, James, Smith, Dietterick & Connelly, LLP, and files this Complaint in Confession of Judgment as follows: 1. First National Bank of Pennsylvania, Successor by Merger to The Legacy Bank ("Plaintiff') is a financial institution under the laws of the United States of America, with its principal place of business located at 1114 East Carson Street, Pittsburgh, Pennsylvania 15203. 2. Defendant, Techharmony, Inc. is a corporation authorized to conduct business in the Commonwealth of Pennsylvania, with an address of 226 Erford Road, Camp Hill, Pennsylvania 17011. 3. Defendants, Jessica Broughton and Gerald R. Broughton, are adult individual residing at 226 Erford Road, Camp Hill, Pennsylvania 17011. 4. On or about March 28, 2005, Defendant, Techharmony, Inc., executed and delivered a certain Promissory Note in favor of Plaintiff in the original principal amount of $50,000.00 ("Note"), which Note authorized a Confession of Judgment against Techharmony, Inc. A copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 5. On or about March 28, 2005, Defendant, Jessica Broughton ("Mrs. Broughton"), executed and delivered to Plaintiff a Guaranty ("Mrs. Broughton Guaranty") irrevocably guarantying and becoming surety for all obligations of Defendant, Techharmony, Inc., to Plaintiff under the Note, which Mrs. Broughton Guaranty authorized a Confession of Judgment against Mrs. Broughton. A true and correct copy of the Mrs. Broughton Guaranty is marked Exhibit "B", attached hereto and made a part hereof. 6. On or about March 28, 2005, Defendant, Gerald R. Broughton ("Mr. Broughton"), executed and delivered to Plaintiff a Guaranty ("Mr. Broughton Guaranty", collectively hereinafter referred to with the Mrs. Broughton Guaranty as the "Guaranties",) irrevocably guarantying and becoming surety for all obligations of Defendant, Techharmony, Inc., to Plaintiff under the Note, which Mr. Broughton Guaranty authorized a Confession of Judgment against Mr. Broughton. A true and correct copy of the Mr. Broughton Guaranty is marked Exhibit "C", attached hereto and made a part hereof. 7. Neither the Note nor the Guaranties thereof, have been released, transferred or assigned. 8. Judgment has not been entered against the Defendants on the Note or the Guaranties in any jurisdiction. 9. Defendant, Techharmony, Inc. is in default under the aforesaid Note and Defendants, Jessica Broughton and Gerald R. Broughton, under the Guaranties thereof, for failure to pay installments of principal and interest when due. 10. The judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 11. The itemization of the amount due, including interest and attorneys' fees as authorized by the Note and Guaranties is as follows: Principal $ 49,724.45 Interest through 4/4/2011 $ 488.72 Late Charges $ 7,605.95 Attorney's Fees and Costs $ 8,672.86 (15% of Total Due) TOTAL $ 66,491.98 with interest on the principal sum of ($49,724.45) from April 4, 2011 at $7.2514 per diem. WHEREFORE, Plaintiff as authorized by the warrants of attorney contained in the Note and the Guaranties, demands judgment against the Defendants in the amount of $66,491.98 with interest on the principal sum ($49,724.45) from April 4, 2011 at $7.2514 per diem, and brings said instrument to Court to recover the said sum. JAMES, SMINH, DI TE CK & CONNELL L n BY: I YX---F Scott A\0iettenck-,S-s Attorneys for Plaintiff PA I.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" LOAN NUMBER LOAN A. ACCT. NUMBER N PATE INITIALS 1002-47576 TechHarmony, Inc. 03/2'g/05 CW NOTE AMOUNT INDEX (w/Margin) RATE MATURITY DATE LOAN PURPOSE $50,000.00 Wall Street Journal Prime plus 7.75% 03128108 Commercial 2.000% Creditor Use Only PROMISSORY NOTE (Commercial - Revolving Draw - Variable Rate) DATE AND PARTIES. The date of this Promissory Note (Note) is March 28, 2005. The parties and their addresses are: LENDER: THE LEGACY BANK 2600 Commerce Drive Harrisburg, Pennsylvania 17110 Telephone: (717) 441-3400 BORROWER: TECHHARMONY, INC. a Pennsylvania Corporation 226 Erford Road Camp Hill, Pennsylvania 17011 DEFINITIONS. As used in this Note, the terms have the following meanings: A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower signing this Note, individually and together. "You" and 'Your` refer to the Lender. S. Note. Note refers to this document, and any extensions, renewals, modifications and substitutions of this Note. C. Loan. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction such as applications, security agreements, disclosures or notes, and this Note. D. Loan Documents. Loan Documents refer to all the documents executed as a part of or in connection with the Loan. E. Property. Property is any property, real, personal or intangible, that secures my performance of the obligations of this Loan. F. Percent. Rates and rate change limitations are expressed as annualized percentages, 2. PROMISE TO PAY. For value received, I promise to pay you or your order, at your address, or at such other location as you may designate, amounts advanced from time to time under the terms of this Note up to the maximum outstanding principal balance of $50,000.00 Wrincipalf, plus interest from the date of disbursement, on the unpaid outstanding Principal balance until this Note is paid in full and Lander has no further obligations to make advances to you under this Loan. 1 may borrow up to the Principal amount more than one time. All advances made will be made subject to all other terms and conditions of this Loan. 3. INTEREST. Interest will accrue on the unpaid Principal balance of this Note at the rate of 7.75 percent (interest Rate) until March 29, 2005, after which time it may change as described in the Variable Rate subsection. A. Interest After Default. If you declare a default under the terms of this Loan, Including for failure to pay in full at maturity, you may increase the Interest Rate payable on the outstanding Principal balance of this Note. In such event, Interest will accrue in the following manner: In the event of default for which Lender does not accelerate the Loan, including failure of borrower to provide the financial statements as required hereunder or under the loan agreement, the applicable interest rate to the Loan for a period beginning three (3) days after written notice of such default and ending upon the curing of said noticed default, shall increase three percent (3%) during the period which noticed default continues. Such default interest rate shall apply to the outstanding principal balance of the Loan. Upon the curing of the noticed default, the interest rate on the Loan shall revert to the initially agreed upon Interest rate effective on the date on which the default is cured. B. Maximum Interest Amount. Any amount assessed or collected as interest under the terms of this Note or obligation will be limited to the Maximum Lawful Amount of interest allowed by state or federal law. Amounts collected in excess of the Maximum Lawful Amount will be applied first to the unpaid Principal balance. Any remainder will be refunded to me. C. Statutory Authority. The amount assessed or collected on this Note is authorized by the Pennsylvania Simplification and Availability of Bank Credit Act (Pa. Stat. Ann. title 7, 1 322). D. Accrual. During the scheduled term of this Loan interest accrues using an Actual/360 days counting method. E. Variable Rate. The Interest Rate may change during the term of this transaction. (1) Index. Beginning with the first Change Date, the Interest Rate will be based on the following index: the base rate on corporate loans posted by at least 75% of the nation's 30 largest banks known as the Wall Street Journal Prime Rate. The Current index is the most recent index figure available on each Change Date. You do not guaranty by selecting this Index, or the margin, that the Interest Rate on this Note will be the same rate you charge on any other loans or class of loans you make to me or other borrowers. If this Index is no longer available, you will substitute a similar index. You will give me notice of your choice. (2) Change Date. Each date on which the Interest Rate may change is called a Change Date. The Interest Rate may change March 29, 2005 and daily thereafter. 13) Calculation Of Change. On each Change Date, you will calculate the Interest Rate, which will be the Current Index plus 2.000 percent. The result of this calculation will be rounded up to the nearest .125 percent. Subject to any limitations, this will be the Interest Rate until the next Change Date. The new Interest Rate will become effective on each Change Date. The Interest Rate and other charges on this Note will never exceed the highest rate or charge allowed by low for this Note. (4) Effect Of Variable Rate. A change in the Interest Rate will have the following effect on the payments: The amount of scheduled payments will change. TechHarmony, Inc. Pennsylvania Promissory Note Initials PA/4XkcamesDO836600004672010032505N 01996 Bankers Systems, Inc., St. Cloud, MN r ." Page 1 4. ADDITIONAL CHARGES. As additional consid..in, I agree to pay, or have paid, the fees and charges lis n the APPENDIX: FEES AND CHARGES, which is attached to and made part of this Note. 5. GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement executed between you and me as a part of this Loan, as modified, amended or supplemented. The Commercial Loan Agreement states the terms and conditions of this Note, including the terms and conditions under which the maturity of this Note may be accelerated. When I sign this Note, i represent to you that I have reviewed and am in compliance with the terms contained in the Commercial Loan Agreement. 6. PAYMENT. I agree to pay this Note on demand, but if no demand Is made, i agree to pay as follows: Interest shall be payable monthly on any unpaid principal balance on the 28th of each month beginning April 28th, 2005. Payments will be rounded to the nearest $.Ot. With the final payment I also agree to pay any additional fees or charges owing and the amount of any advances you have made to others on my behalf. Payments scheduled to be paid on the 29th, 30th or 31st day of a month that contains no such day will, instead, be made on the last day of such month. Each payment I make on this Note will be applied first to interest that is due then to principal that is due, and finally to any charges that I owe other than principal and interest. If you and I agree to a different application of payments, we will describe our agreement on this Note. The actual amount of my final payment will depend on my payment record. 7. PREPAYMENT. I may prepay this Loan in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until I pay in full. 8. LOAN PURPOSE. The purpose of this Loan is to provide a working capital line of credit. 9. ADDITIONAL TERMS. The loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulatlons: When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be construed in accordance with federal law. Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state control penalty tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan. Any clause in this document requiring arbitration is not enforceable when SBA is the holder of The Note secured by this instrument. This loan will be cross-collateralized with the existing UCC-1 filings used to secure SBA Loan #1002-47543 as evidenced by a Promissory Note dated March 28, 2005 in the amount of $13,500.00. 10. SECURITY. This Loan is secured by separate security Instruments prepared together with this Note as follows: Document Name Parties to Document Security Agreement - TechHarmony, Inc. TechHarmony, Inc. 11. DUE ON SALE OR ENCUMBRANCE. You may, at your option, declare the entire balance of this Note to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 12. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. A. Additional Waivers By Borrower. In addition, I, and any party to this Note and Loan, to the extent permitted by law, consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to this Note. (1) You may renew or extend payments on this Note, regardless of the number of such renewals or extensions. (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. 13) You may release, substitute or impair any Property securing this Note. (4) You, or any institution participating in this Note, may invoke your right of set-off. (5) You may enter into any sales, repurchases or participations of this Note to any person in any amounts and I waive notice of such sales, repurchases or participations. (6) 1 agree that any of us signing this Note as a Borrower is authorized to modify the terms of this Note or any instrument securing, guarantying or relating to this Note. (7) 1 agree that you may inform any party who guarantees this Loan of any Loan accommodations, renewals, extensions, modifications, substitutions or future advances. B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in this Note, or any other Loan Document, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you. 13. COMMISSIONS. 1 understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that i buy through you or your affiliate. 14. APPLICABLE LAW. This Note is governed by the laws of Pennsylvania, the United States of America and to the extent required, by the laws of the jurisdiction where the Property is located. In the event of a dispute, the exclusive forum, venue and place of jurisdiction will be in Pennsylvania, unless otherwise required by law. Any provision that appoints you as an agent is not subject to the provisions of 20 Pe.C.S.A. Section 5601 at seq. {Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this Note, you do so for your sole benefit, 15. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. My obligation to pay the Loan is independent of the obligation of any other person who has also agreed to pay it. You may sue me alone, or anyone else who is obligated on the Loan, or any number of us together, to collect the Loan. Extending the Loan or new obligations under the Loan, will not affect my duty under the Loan and I will still be obligated to pay the Loan. This Note shall inure to the benefit of and be enforceable by you and your successors and assigns and shall be binding upon and enforceable against me and my personal representatives, successors, heirs and assigns. TechHarmony, Inc. Pennsylvania Promissory Note PA/4Xkcama30083650000467201003250SN 01996 Bankers Systems, Inc., St. Cloud, MN r ,? Initials Page 2 16. AMENDMENT. INTEGRATION AND SEVERAb..... Y. This Note may not be amended or modified by oral a. .nent. No amendment or modification of this Note is effective unless made in writing and executed by you and me. This Note and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 17. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Note. 18. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Borrower will be deemed to be notice to all Borrowers. I will inform you in writing of any change in my name, address or other application Information. 1 agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Time is of the essence. 19. CREDIT INFORMATION. I agree to supply you with whatever Information you reasonably feel you need to decide whether to continue this Loan. You will make requests for this information without undue frequency, and will give me reasonable time in which to supply the information. 20. ERRORS AND OMISSIONS. I agree, if requested by you, to fully cooperate in the correction, if necessary, in the reasonable discretion of you of any and all loan closing documents so that all documents accurately describe the loan between you and me. 1 agree to assume all costs including by way of illustration and not limitation, actual expenses, legal fees and marketing losses for failing to reasonably comply with your requests within thirty 130) days. 21. AGREEMENT TO ARBITRATE. You or I may submit to binding arbitration any dispute, claim or other matter in question between or among you and me that arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as you and I agree to in writing. For purposes of this section, this Transaction includes this Note and the other Loan Documents, and proposed loans or extensions of credit that relate to this Note. You or 1 will not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. You and I must consent to arbitrate any Dispute concerning a debt secured by real estate at the time of the proposed arbitration. You may foreclose or exercise any powers of sale against real property securing a debt underlying any Dispute before, during or after any arbitration. You may also enforce a debt secured by this real property and underlying the Dispute before, during or after any arbitration. You or I may seek provisional remedies at any time from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to you or me. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or pint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters In question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree. You and I acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among you and me involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section. The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Note, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this Note or another writing. 22. WAIVER OF TRIAL FOR ARBITRATION. You and I understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arb*ation instead of litigation. If any Dispute is arbitrated, you and I voluntarily and knowingly waive the right to have a trial by jury or judge during the arbitration. WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to you, by signing below 1 irrevocably authorize the prothonotary, clerk, or any attorney to appear In any court of record having jurisdiction over this matter and to confess judgment against me at any time without stay of execution. I waive notice, service of process, and process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued interest, and accrued charges due on this Note, plus collection costs and reasonable attomeys' fees up to 15 percent of the judgment. The exercise of the power to confess Judgment will not exhaust this warrant of authority to confess judgment and may be done as often as you elect. i further understand that my property may be seized without prior notice to satisfy the debt "ad. I knowingly, intentionally, and voluntarily waive any and all constitutional rights i have to pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver. By signing Immediately below, I agree to the terms of the CONFESSION OF JUDGMENT section. TechHarmony, Inc. Aert-, '::' ',A/ al R. Broughton, President co, arnryA I cants. tsy signing under seal, I agree to the terms contained in this Note. i also acknowledge receipt of a copy of this Note. BORROWER; TechHermony, In (Seal) Gerald R. Broughton, President TechHarmony, Inc. Pennsylvania Promissory Note Initials PA14Xkcarnes00836500004672010032505N 01996 Bankers Systems, Inc., St. Cloud, MN Ft er " ge 3 APPENDIX. FEES AND CHARGES As described in the ADDITIONAL CHARGES section of the attached Note, I agree to pay, or have paid, these additional fees and charges. Nonrefundable Fees and Charges. The following fees are earned when collected and will not be refunded if I prepay this Note before the scheduled maturity date. UCC Filing Fee. Ain) UCC Fling Fee fee of $84.00 payable from separate funds on or before today's date. SBA Packaging Fee. Ain) SBA Packaging Fee fee of $360.00 payable from separate funds on or before today's date. SBA Guaranty Fee. A(n), SBA Guaranty Fee fee of $500.00 payable from separate funds on or before today's date. Recording - Mortgage. Ain) Recording - Mortgage fee of $62.50 payable from separate funds on or before today's date. TachHermony, Inc. // Pennsylvania Promissory Note ?,° Initials PA/4Xkcames0O838500004572010032505N m1996 Bikers Systems, inc., St. Cloud, MN E5c EXHIBIT "B" GUARANTY (Continuing Debt - Unlimited) DATE AND PARTIES. The date of this Guaranty is March 28, 2005. The parties and their addresses are: LENDER: THE LEGACY BANK 2600 Commerce Drive Harrisburg, Pennsylvania 17110 Telephone: 1717) 441-3400 BORROWER: TECHHARMONY, INC. a Pennsylvania Corporation 226 Erford Road Camp Hill, Pennsylvania 17011 GUARANTOR: JESSICA BROUGHTON 226 Erford Road Camp Hill, Pennsylvania 17011 1. DEFINITIONS. As used in this Guaranty, the terms have the following meanings; A. Pronouns. The pronouns "I", "me" and 'my" refer to all persons or entities signing this Guaranty, individually and together. "You" and "your" refer to the Lender. B. Note. "Note" refers to the document that evidences the Borrower's indebtedness, and any extensions, renewals, modifications and substitutions of the Note. C. Property. "Property" means any property, real, personal or intangible, that secures performance of the obligations of the Note, Debt, or this Guaranty. 2. SPECIFIC AND FUTURE DEBT GUARANTY. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and to induce you, at your option, to make loans or engage in any other transactions with the Borrower from time to time, I absolutely and unconditionally agree to all terms of and guaranty to you the payment and performance of each and every Debt, of every type, purpose and description that the Borrower either individually, among all or a portion of themselves, or with others, may now or at any time in the future owe you, including, but not limited to the following described Debt(s) including without limitation, all principal, accrued interest, attomeys' fees and collection costs, when allowed by law, that may become due from the Borrower to you in collecting and enforcing the Debt and all other agreements with respect to the Borrower. A promissory note or other agreement, No. 1002-47576, dated March 28, 2005, from TechHarmony, Inc. (Borrower) to you, in the amount of $50,000.00. In addition, Debt refers to debts, liabilities, and obligations of the Borrower (including, but not limited to, amounts agreed to be paid under the terms of any notes or agreements securing the payment of any debt, loan, liability or obligation, overdrafts, letters of credit, guaranties, advances for taxes, insurance, repairs and storage, and all extensions, renewals, refinancings and modifications of these debts) whether now existing or created or incurred in the future, due or to become due, or absolute or contingent, including obligations and duties arising from the terms of all documents prepared or submitted for the transaction such as applications, security agreements, disclosures, and the Note. You may, without notice, apply this Guaranty to such Debt of the Borrower as you may select from time to time. 3. EXTENSIONS. I consent to all renewals, extensions, modifications and substitutions of the Debt which may be made by you upon such terms and conditions as you may see fit from time to time without further notice to me and without limitation as to the number of renewals, extensions, modifications or substitutions. 4. UNCONDITIONAL LIABILITY. I am unconditionally liable under this Guaranty, regardless of whether or not you pursue any of your remedies against the Borrower, against any other maker, surety, guarantor or endorser of the Debt or against any Property. You may we me alone, or anyone else who is obligated on this Guaranty, or any number of us together, to collect the Debt. My liability is not conditioned on the signing of this Guaranty by any other person and further is not subject to any condition not expressly set forth in this Guaranty or arty Instrument executed in connection with the Debt. My obligation to pay according to the terms of this Guaranty shall not be affected by the illegality, invalidity or unenforceability of any notes or agreements evidencing the Debt, the violation of any applicable usury laws, forgery, or any other circumstances which make the indebtedness unenforceable against the Borrower. I will remain obligated to pay on this Guaranty even if any other person who is obligated to pay the Debt, including the Borrower, has such obligation discharged in bankruptcy, foreclosure, or otherwise discharged by law. 5. BANKRUPTCY. If a bankruptcy petition should at any time be filed by or against the Borrower, the maturity of the Debt, so for as my liability is concerned, shall be accelerated and the Debt shall be immediately payable by me. I acknowledge and agree that this Guaranty, and the Debt secured hereby, will remain in full force and effect at all times, notwithstanding any action or undertakings by, or against, you or against any Property, in connection with any obligation in any proceeding in the United States Bankruptcy Courts. Such action or undertaking includes, without limitation, valuation of Property, election of remedies or imposition of secured or unsecured claim status upon claims by you, pursuant to the United States Bankruptcy Code, as amended. In the event that any payment of principal or interest received and paid by any other guarantor, borrower, surety, endorser or co-maker is deemed, by final order of a court of competent jurisdiction, to have been a voidable preference under the bankruptcy or insolvency laws of the United States or otherwise, than my obligation will remain as an obligation to you and will not be considered as having been extinguished. 6. REVOCATION. I agree that this Is an absolute and unconditional Guaranty. I agree that this Guaranty will remain binding on me, whether or not there are any Debts outstanding, until you have actually received written notice of my revocation or written notice of my death or incompetence. Notice of revocation or notice of my death or incompetence will not affect my obligations under this Guaranty with respect to any Debts incurred by or for which you have made a commitment to Borrower before you actually receive such notice, and all renewals, extensions, refinancings, and modifications of such Debts. I agree that if any other person signing this Guaranty provides a notice of revocation to you, I will still be obligated under this Guaranty until l provide such a notice of revocation to you. If any other person signing this Guaranty dies or is declared incompetent, such fact will not affect my obligations under this Guaranty. 7. PROPERTY. I agree that any Property may be assigned, exchanged, released in whole or in part or substituted without notice to me and without defeating, discharging or diminishing my liability. My obligation is absolute and your failure to perfect any security interest or any act or omission by you which impairs the Property will not relieve me or my liability under this Guaranty. You are under no duty to preserve or protect any Property until you are in actual or constructive possession, For purposes of this paragraph, you will only be in "actual" possession when you have physical, immediate and exclusive control over the Property and have accepted such control in writing. Further, you will only be deemed to be in "constructive" possession when you have both the power and intent to exercise control over the Property. Jessica Broughton Pennsylvania Guaranty Initia PA/4Xkcames00836500004672016032505Y 01996 Bankers Systems, Inc., St. Cloud, MN Fruit ' a S. DEFAULT. 1 will be in default if any of the foII6,..,g occur: A. Payments. I fail to make a payment in full when due. B. Insolvency or Benkruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against me, Borrower, or any co- signer, endorser, surety or guarantor of this Guaranty or any Debt. C. Death or Incompetency. I die or am declared legally incompetent. D. Failure to Perform. i fail to perform any condition or to keep any promise or covenant of this Guaranty. E. Other Documents. A default occurs under the terms of any other document relating to the Debt. F. Other Agreements. I am in default on any other debt or agreement I have with you. G. Misrepresentation. I make any verbal or written statement or provide any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. I fail to satisfy or appeal any judgment against me. 1. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. I change my name or assume an additional name without notifying you before making such a change. K. Property Transfer. I transfer all or a substantial part of my money or property. L. Property Value. The value of the Property declines or is impaired. M. Insecurity. You reasonably believe that you are insecure. 9. WAIVERS AND CONSENT. To the extent not prohibited by law, 1 waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. A. Additional Waivers. In addition, to the extent permitted by law, f consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to the Debt or this Guaranty. (1) You may renew or extend payments on the Debt, regardless of the number of such renewals or extensions. 12) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. (3) You may release, substitute or impair any Property. (4) You, or any institution participating in the Debt, may invoke your right of set-off. (5) You may enter into any sales, repurchases or participations of the Debt to any person in any amounts and i waive notice of such sales, repurchases or participations. (6) 1 agree that the Borrower is authorized to modify the terms of the Debt or any instrument securing, guarantying or relating to the Debt. (7) You may undertake a valuation of any Property in connection with any proceedings under the United States Bankruptcy Code concerning the Borrower or me, regardless of any such valuation, or actual amounts received by you arising from the safe of such Property. 4811 agree to consent to any waiver granted the Borrower, and agree that any delay or lack of diligence in the enforcement of the Debt, or any failure to file a claim or otherwise protect any of the Debt, in no way affects or impairs my liability. 4911 agree to waive reliance on any anti-deficiency statutes, through subrogation or otherwise, and such statutes in no way affect or impair my liability. In addition, I waive any right of subrogation, contribution, reimbursement, indemnification, exoneration, and any other right I may have to enforce any remedy which you now have or in the future may have against the Borrower or another guarantor or as to any Property. Any Guarantor who is an "Insider,` as contemplated by the United States Bankruptcy Code, 11 U.S.C. 101, as amended, makes these waivers permanently. (An insider Includes, among others, a director, officer, partner, or other person in control of the Borrower, a person or an entity that Is a co- partner with the Borrower, an entity in which the Borrower is a general partner, director, officer or other person in control or a dose relative of any of these other persons.) Any Guarantor who is not an insider makes these waivers until all Debt is fully repaid, B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in the Debt Instruments, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you. C. Waiver of Claims. I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. 10. REMEDIES. After the Borrower or I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following. A. Acceleration. You may make all or any part of the amount owing by the terms of this Guaranty immediately due. 8. Sources. You may use any and all remedies you have under state or federal law or in any documents relating to the Debt. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on default. D. Payments Made on the Borrower's Behalf. Amounts advanced on the Borrower's behalf will be immediately due and may be added to the balance owing under the Debt. E. Termination. You may terminate my right to obtain advances and may refuse to make any further extensions of credit. F. Set-Off. You may use the right of set-off. This means you may set-off any amount due and payable under the terms of this Guaranty against any right I have to receive money from you. My right to receive money from you includes any deposit or share account balance I have with you; any money owed to me on an item presented to you or in your possession for collection or exchange; and any repurchase agreement or other non-deposit obligation. "Any amount due and payable under the terms of this Guaranty" means the total amount to which you are entitled to demand payment under the terms of this Guaranty at the time you set-off. Subject to any other written contract, if my right to receive money from you is also owned by someone who has not agreed to pay the Debt, your right of set- off will apply to my interest In the obligation and to any other amounts I could withdraw on my sole request or endorsement. Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also does not apply to any Individual Retirement Account or other tax-deferred retirement account. You will not be liable for the dishonor of any check when the dishonor occurs because you set-off against any of my accounts. I agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off. 0. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. Jessica Broughton Pennsylvania Guaranty initia PA/4Xkcames00836500004672016032505Y 01996 Bankers Systems, Inc., St. Cloud, MN Ex er .° a 11. COLLECTION EXPENSES AND ATTORNEYS' ....S. On or after Default, to the extent permitted by law, I , e to pay all expenses of collection, enforcement or protection of your rights and remedies under this Guaranty or any other document relating to the Debt. To the extent permitted by law, expenses include, but are not limited to, reasonable attorneys' fees, court costs and other legal expenses. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys' fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by or against me. 12. WARRANTIES AND REPRESENTATIONS. 1 have the right and authority to enter into this Guaranty. The execution and delivery of this Guaranty will not violate any agreement governing me or to which I am a party. In addition, 1 represent and warrant that this Guaranty was entered into at the request of the Borrower, and that I am satisfied regarding the Borrower's financial condition and existing indebtedness, authority to borrow and the use and Intended use of all Debt proceeds. I further represent and warrant that I have not relied on any representations or omissions from you or any information provided by you respecting the Borrower, the Borrower's financial condition and existing indebtedness, the Borrower's authority to borrow or the Borrower's use and intended use of all Debt proceeds. 13. RELIANCE. I acknowledge that you are relying on this Guaranty in extending credit to the Borrower, and i have signed this Guaranty to induce you to extend such credit. I represent and warrant to you that I have a direct and substantial economic interest in the Borrower and expect to derive substantial benefits from any loans and financial accommodations resulting in the creation of indebtedness guarantied hereby. I agree to rely exclusively on the right to revoke this Guaranty prospectively as to future transactions in the manner as previously described in this Guaranty if at any time, in my opinion, the benefits then being received by me in connection with this Guaranty are not sufficient to warrant the continuance of this Guaranty. You may rely conclusively on a continuing warranty that I continue to be benefited by this Guaranty and you will have no duty to inquire into or confirm the receipt of any such benefits, and this Guaranty will be effective and enforceable by you without regard to the receipt, nature or value of any such benefits. 14. APPLICABLE LAW. This Guaranty is governed by the laws of Pennsylvania, the United States of America and to the extent required, by the laws of the jurisdiction where the Property is located. 15. AMENDMENT, INTEGRATION AND SEVERABILITY. This Guaranty may not be amended or modified by oral agreement. No amendment or modification of this Guaranty is effective unless made in writing and executed by you and me. This Guaranty and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Guaranty is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 16. ASSIGNMENT. If you assign any of the Debts, you may assign all or any part of this Guaranty without notice to me or my consent, and this Guaranty will inure to the benefit of your assignee to the extent of such assignment. You will continue to have the unimpaired right to enforce this Guaranty as to any of the Debts that are not assigned. This Guaranty shall inure to the benefit of and be enforceable by you and your successors and assigns and any other person to whom you may grant an interest in the Debts and shall be binding upon and enforceable against me and my personal representatives, successors, heirs and assigns. 17. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Guaranty. 18. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering It or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Guarantor will be deemed to be notice to all Guarantors. I will inform you in writing of any change in my name, address or other application information. I will provide you any financial statement or information you request. All financial statements and Information I give you will be correct and complete. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Guaranty and to confirm your lien status on any Property. Time is of the essence. 19. CREDIT INFORMATION. 1 agree that from time to time you may obtain credit information about me from others, including other lenders and credit reporting agencies, and report to others (such as a credit reporting agency) your credit experience with me. I agree that you will not be liable for any claim arising from the use of information provided to you by others or for providing such information to others. 20. AGREEMENT TO ARBITRATE. You or I may submit to binding arbitration any dispute, claim or other matter in question between or among you and me that arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as you and I agree to in writing. For purposes of this section, this Transaction includes this Guaranty and any other document relating to the Debt, and proposed loans or extensions of credit that relate to this Guaranty. You or I will not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. You and I must consent to arbitrate any Dispute concerning the Debt secured by real estate at the time of the proposed arbitration. You may foreclose or exercise any powers of sale against real property securing the Debt underlying any Dispute before, during or after any arbiVedon. You may also enforce the Debt secured by this real property and underlying the Dispute before, during or after any arbitration. You or I may seek provisional remedies at any time from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to you or me. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or pint in nature, or whether based on contract, tort, or any other matter at law or in equity, The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree. You and I acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among you and me involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section. The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Guaranty, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this Guaranty or another writing. 21. WAIVER OF TRIAL FOR ARBITRATION. You and I understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration Instead of litigation. If any Dispute is arbitrated, you and I voluntarily and knowingly waive the right to have a trial by jury or judge during the arbitration. Jessica Broughton Pennsylvania Guaranty PA/4Xkcames00836500004672016032505Y 01996 Bankers Systems, Inc., St. Cloud, MN ,WARRANT OF AUTHORITY TO CONFESS JUDO T. Upon default, in addition to all other remedies and:' nd :: : avollable to you, by signing below I irrevocably authorize the prothonotary, dark, or any attorney to appear in any court of record having jwbdicdon over this ..tatter and to confess judgment against me at any time without stay of execution. I waive notice, service of process, and process. I agree and understand that judgment may be confessed against me for any unpaid principal, acomed interest, and accrued charges due on this Guaranty, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgment. The exercise of the power to confess judgment will not exhaust this warrant of authority to confess judgment and may be done as often as you elect. i further understand that my property may he seized without prior notice to satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights i have to pre-deprivation notice and hearing under federal and stab laws and fully understand the consequences of this waiver. By signing immediately below?,}I agree to the terms of the CONFESSION OF JUDGMENT section. 22. SIGNATURES. By signing under seal, I agree to the terms contained in this Guaranty. I also acknowledge receipt of a copy of this Guaranty. (Seat) Pennsylvania Guaranty PA/4Xkcamas00836500004672016032505Y 6'1996 Bankers Systems, Inc., St. Cloud, MN ExC?r EXHIBIT 46U GUARANTY (Continuing Debt - Unlimited) DATE AND PARTIES. The date of this Guaranty is March 28, 2005. The parties and their addresses are: LENDER: THE LEGACY BANK 2600 Commerce Drive Harrisburg, Pennsylvania 17110 Telephone: (717) 441-3400 BORROWER: TECHHARMONY. INC. a Pennsylvania Corporation 226 Erford Road Camp Hill, Pennsylvania 17011 GUARANTOR: GERALD R. BROUGHTON 226 Erford Road Camp Hill, Pennsylvania 17011 1. DEFINITIONS. As used in this Guaranty, the terms have the following meanings: A. Pronouns. The pronouns "I", "me" and "my" refer to all persons or entities signing this Guaranty, individually and together. "You" and "your" refer to the Lender. B. Note. "Note" refers to the document that evidences the Borrower's Indebtedness, and any extensions, renewals, modifications and substitutions of the Note. 0. Property. "Property" means any property, real, personal or intangible, that secures performance of the obligations of the Note, Debt, or this Guaranty. 2. SPECIFIC AND FUTURE DEBT GUARANTY. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and to induce you, at your option, to make loans or engage in any other transactions with the Borrower from time to time, I absolutely and unconditionally agree to all terms of and guaranty to you the payment and performance of each and every Debt, of every type, purpose and description that the Borrower either individually, among all or a portion of themselves, or with others, may now or at any time in the future owe you, including, but not limited to the following described Debt(s) Including without limitation, all principal, accrued interest, attorneys' fees and collection costs, when allowed by law, that may become due from the Borrower to you in collecting and enforcing the Debt and all other agreements with respect to the Borrower. A promissory note or other agreement, No. 1002-47576, dated March 28, 2005, from TechHarmony, Inc. (Borrower) to you, in the amount of $50,000.00. In addition, Debt refers to debts, liabilities, and obligations of the Borrower (including, but not limited to, amounts agreed to be paid under the terms of any notes or agreements securing the payment of any debt, loan, liability or obligation, overdrafts, letters of credit, guaranties, advances for taxes, insurance, repairs and storage, and all extensions, renewals, refinancings and modifications of these debts) whether now existing or created or incurred in the future, due or to become due, or absolute or contingent, Including obligations and duties arising from the terms of all documents prepared or submitted for the transaction such as applications, security agreements, disclosures, and the Note. You may, without notice, apply this Guaranty to such Debt of the Borrower as you may select from time to time. 3. EXTENSIONS. I consent to all renewals, extensions, modifications and substitutions of the Debt which may be made by you upon such terms and conditions as you may see fit from time to time without further notice to me and without limitation as to the number of renewals, extensions, modifications or substitutions. 4. UNCONDITIONAL LIABILITY. I am unconditionally liable under this Guaranty, regardless of whether or not you pursue any of your remedies against the Borrower, against any other maker, surety, guarantor or endorser of the Debt or against any Property. You may sue me alone, or anyone else who is obligated on this Guaranty, or any number of us together, to collect the Debt. My liability is not conditioned on the signing of this Guaranty by any other person and further is not subject to any condition not expressly set forth in this Guaranty or any instrument executed in connection with the Debt. My obligation to pay according to the terms of this Guaranty shall not be affected by the illegality, invalidity or unenforceability of any notes or agreements evidencing the Debt, the violation of any applicable usury laws, forgery, or any other circumstances which make the indebtedness unenforceable against the Borrower. I will remain obligated to pay on this Guaranty even if any other person who Is obligated to pay the Debt, including the Borrower, has such obligation discharged in bankruptcy, foreclosure, or otherwise discharged by law. 5. BANKRUPTCY. If a bankruptcy petition should at any time be filed by or against the Borrower, the maturity of the Debt, so far as my liability is concerned, shall be accelerated and the Debt shall be immediately payable by me. I acknowledge and agree that this Guaranty, and the Debt secured hereby, will remain in full force and effect at all times, notwithstanding any action or undertakings by, or against, you or against any Property, in connection with any obligation in any proceeding in the United States Bankruptcy Courts. Such action or undertaking includes, without limitation, valuation of Property, election of remedies or imposition of secured or unsecured claim status upon claims by you, pursuant to the United States Bankruptcy Code, as amended. In the event that any payment of principal or interest received and paid by any other guarantor, borrower, surety, endorser or co-maker is deemed, by final order of a court of competent jurisdiction, to have been a voidable preference under the bankruptcy or insolvency laws of the United States or otherwise, then my obligation will remain as an obligation to you and will not be considered as having been extinguished. 6. REVOCATION. I agree that this Is an absolute and unconditional Guaranty. I agree that this Guaranty will remain binding on me, whether or root there are any Debts outstanding, until you have actually received written notice of my revocation or written notice of my death or Incompetence. Notice of revocation or notice of my death or incompetence will not affect my obligations under this Guaranty with respect to any Debts Incurred by or for which you have made a commitment to Borrower before you actually receive such notice, and all renewals, extensions, refinancings, and modifications of such Debts. I agree that if any other person signing this Guaranty provides a notice of revocation to you, I will still be obligated under this Guaranty until I provide such a notice of revocation to you. If any other person signing this Guaranty dies or Is declared Incompetent, such fact will not affect my obligations under this Guaranty. 7. PROPERTY. I agree that any Property may be assigned, exchanged, released in whole or in part or substituted without notice to me and without defeating, discharging or diminishing my liability. My obligation is absolute and your failure to perfect any security interest or any act or omission by you which impairs the Property will not relieve me or my liability under this Guaranty. You are under no duty to preserve or protect any Property until you are in actual or constructive possession. For purposes of this paragraph, you will only be in "actual" possession when you have physical, immediate and exclusive control over the Property and have accepted such control in writing. Further, you will only be deemed to be in "constructive" possession when you have both the power and intent to exercise control over the Property. Pennsylvania Guaranty PA/4Xkcernes00836500004672016032505Y 01996 Bankers Systems, Inc., St. Cloud, MN Fes" 8. DEFAULT. I will be in default if any of the follor..,d occur: A. Payments. I fail to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against me, Borrower, or any co- signer, endorser, surety or guarantor of this Guaranty or any Debt. C. Death or Incompetency. I die or am declared legally incompetent. D. Failure to Perform. I fail to perform any condition or to keep any promise or covenant of this Guaranty. E. Other Documents. A default occurs under the terms of any other document relating to the Debt. F. Other Agreements. I am in default on any other debt or agreement I have with you. G. Misrepresentation. I make any verbal or written statement or provide any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. I fail to satisfy or appeal any judgment against me. 1. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. i change my name or assume an additional name without notifying you before making such a change. K. Property Transfer. I transfer all or a substantial part of my money or property. L. Property Value. The value of the Property declines or is impaired. M. Insecurity. You reasonably believe that you are insecure. 9. WAIVERS AND CONSENT. To the extent not prohibited by law, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to accelerate and notice of dishonor. A. Additional Waivers. In addition, to the extent permitted by law, I consent to certain actions you may take, and generally waive defenses that may be available based on these actions or based on the status of a party to the Debt or this Guaranty. (1) You may renew or extend payments on the Debt, regardless of the number of such renewals or extensions. (2) You may release any Borrower, endorser, guarantor, surety, accommodation maker or any other co-signer. (3) You may release, substitute or impair any Property. 14) You, or any institution participating in the Debt, may invoke your right of set-off. 151 You may enter into any sales, repurchases or participations of the Debt to any person In any amounts and 1 waive notice of such sales, repurchases or participations. 4611 agree that the Borrower is authorized to modify the terms of the Debt or any instrument securing, guarantying or relating to the Debi. (7) You may undertake a valuation of any Property in connection with any proceedings under the United States Bankruptcy Code concerning the Borrower or me, regardless of any such valuation, or actual amounts received by you arising from the sale of such Property. (8) 1 agree to consent to any waiver granted the Borrower, and agree that any delay or lack of diligence in the enforcement of the Debt, or any failure to file a claim or otherwise protect any of the Debt, in no way affects or impairs my liability. (9) 1 agree to waive reliance on any anti-deficiency statutes, through subrogation or otherwise, and such statutes in no way affect or impair my liability, In addition, I waive any right of subrogation, contribution, reimbursement, indemnification, exoneration, and any other right I may have to enforce any remedy which you now have or in the future may have against the Borrower or another guarantor or as to any Property. Any Guarantor who is an "insider," as contemplated by the United States Bankruptcy Code, 11 U.S.C. 101, as amended, makes these waivers permanently. (An insider includes, among others, a director, officer, partner, or other person in control of the Borrower, a person or an entity that is a co- partner with the Borrower, an entity in which the Borrower is a general partner, director, officer or other person in control or a close relative of any of these other persons.) Any Guarantor who is not an insider makes these waivers until all Debt is fully repaid. B. No Waiver By Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in the Debt instrumants, shell not be construed as a waiver by you, unless any such waiver is in writing and is signed by you. C. Waiver of Claims. I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. 10. REMEDIES. After the Borrower or I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following. A. Acceleration. You may make all or any part of the amount owing by the terms of this Guaranty immediately due. 3. Sources. You may use any and all remedies you have under state or federal law or in any documents relating to the Debt. C. Insurance Benefits. You may make a claim for any and all insurance benefits or refunds that may be available on default, D. Payments Made on the Borrower's Behalf. Amounts advanced on the Borrower's behalf will be immediately due and may be added to the balance owing under the Debt. E. Termination. You may terminate my right to obtain advances and may refuse to make any further extensions of credit. F. Set-Off. You may use the right of set-off. This means you may set-off any amount due and payable under the terms of this Guaranty against any right I have to receive money from you. My right to receive money from you includes any deposit or share account balance I have with you; any money owed to me on an item presented to you or in your possession for collection or exchange; and any repurchase agreement or other non-deposit obligation. "Any amount due and payable under the terms of this Guaranty" means the total amount to which you are entitled to demand payment under the terms of this Guaranty at the time you set-off. Subject to any other written contract, if my right to receive money from you is also owned by someone who has not agreed to pay the Debt, your right of set- off will apply to my interest in the obligation and to any other amounts I could withdrew on my sole request or endorsement, Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also does not apply to any Individual Retirement Account or other tax-deferred retirement account. You will not be liable for the dishonor of any check when the dishonor occurs because you set-off against any of my accounts. i agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off. G. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. Gerald R. Broughton Pennsylvania Guaranty Initials PA/4Xkcarnes(=36500004672016032505Y 01996 Bankers Systems, Inc., St. Cloud, MN s age 2 11. COLLECTION EXPENSES AND ATTORNEYS' r On or after Default, to the extent permitted by law, I L to pay all expenses of collection, enforcement or protection of your rights and remedies under this Guaranty or any other document relating to the Debt. To the extent permitted by law, expenses include, but are not limited to, reasonable attorneys' fees, court costs and other legal expenses. All fees and expenses will be secured by the Property I have granted to you, if any. In addition, to the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys' fees incurred by you to protect your rights and interests in connection with any bankruptcy proceedings initiated by or against me. 12. WARRANTIES AND REPRESENTATIONS. I have the right and authority to enter into this Guaranty. The execution and delivery of this Guaranty will not violate any agreement governing me or to which I am a party. In addition, I represent and warrant that this Guaranty was entered into at the request of the Borrower, and that I am satisfied regarding the Borrower's financial condition and existing indebtedness, authority to borrow and the use and intended use of all Debt proceeds. I further represent and warrant that I have not relied on any representations or omissions from you or any information provided by you respecting the Borrower, the Borrower's financial condition and existing indebtedness, the Borrower's authority to borrow or the Borrower's use and intended use of all Debt proceeds. 13. RELIANCE. i acknowledge that you are relying on this Guaranty in extending credit to the Borrower, and I have signed this Guaranty to induce you to extend such credit. I represent and warrant to you that 1 have a direct and substantial economic interest in the Borrower and expect to derive substantial benefits from any bans and financial accommodations resulting in the creation of indebtedness guarantied hereby. i agree to rely exclusively on the right to revoke this Guaranty prospectively as to future transactions in the manner as previously described in this Guaranty if at any time, in my opinion, the benefits then being received by me in connection with this Guaranty are not sufficient to warrant the continuance of this Guaranty. You may rely conclusively on a continuing warranty that I continue to be benefited by this Guaranty and you will have no duty to inquire into or confirm the receipt of any such benefits, and this Guaranty will be effective and enforceable by you without regard to the receipt, nature or value of any such benefits. 14. APPLICABLE LAW. This Guaranty is governed by the laws of Pennsylvania, the United States of America and to the extent required, by the laws of the jurisdiction where the Property is located. 15. AMENDMENT, INTEGRATION AND SEVERABILITY. This Guaranty may not be amended or modified by oral agreement. No amendment or modification of this Guaranty is effective unless made in writing and executed by you and me. This Guaranty and the other Loan Documents are the complete and final expression of the agreement. If any provision of this Guaranty is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 16. ASSIGNMENT. If you assign any of the Debts, you may assign all or any part of this Guaranty without notice to me or my consent, and this Guaranty will inure to the benefit of your assignee to the extent of such assignment. You will continue to have the unimpaired right to enforce this Guaranty as to any of the Debts that are not assigned. This Guaranty shall inure to the benefit of and be enforceable by you and your successors and assigns and any other person to whom you may grant an interest in the Debts and shall be binding upon and enforceable against me and my personal representatives, successors, heirs and assigns. 17. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Guaranty. 18. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing It by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Guarantor will be deemed to be notice to all Guarantors. I will inform you in writing of any change in my name, address or other application information. I will provide you any financial statement or information you request. All financial statements and information I give you will be correct and complete. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect, continue, and preserve my obligations under this Guaranty and to confirm your lien status on any Property. Time is of the essence. 19. CREDIT INFORMATION. I agree that from time to time you may obtain credit information about me from others, including other lenders and credit reporting agencies, and report to others (such as a credit reporting agency) your credit experience with me. I agree that you will not be liable for any claim arising from the use of information provided to you by others or for providing such information to others. 20. AGREEMENT TO ARBITRATE. You or I may submit to binding arbitration any dispute, claim or other matter in question between or among you and me that arises out of or relates to this Transaction (Dispute), except as otherwise indicated In this section or as you and I agree to in writing. For purposes of this section, this Transaction includes this Guaranty and any other document relating to the Debt, and proposed loans or extensions of credit that relate to this Guaranty. You or i will not arbitrate any Dispute within any 'core proceedings` under the United States bankruptcy laws. You and 1 must consent to arbitrate any Dispute concerning the Debt secured by real estate at the time of the proposed arbitration. You may foreclose or exercise any powers of sale against real property securing the Debt underlying any Dispute before, during or after any arbitration. You may also enforce the Debt secured by this real property and underlying the Dispute before, during or after any arbitration. You or I may seek provisional remedies at any time from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to you or me. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree. You and I acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among you and me involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section. The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Guaranty, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this Guaranty or another writing. 21. WAIVER OF TRIAL FOR ARBITRATION. You and I understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute Is arbitrated, you and I voluntarily and knowingly waive the right to have a trial by jury or judge during the arbitration. Gerald R. Broughton Pennsylvania Guaranty Initia PAJ4Xkcames00636600004672016032505Y 01996 Bankers Systems, Inc., St. Cloud, MN f5c?r ' ?Pa ems' 9 WARRANT OF AUTHORITY TO CONFESS JUDO. f. Upon default, in addition to all other remedies and r available to you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney .., appear in any court of record having jurisdiction over this. ..atter and to confess judgment against me at any time without stay of execution. I waive notice, service of process, and process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued interest, and accrued charges due on this Guaranty, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgment. The exercise of the power to confess judgment will not exhaust this warrant of authority to confess judgment and may be done as often as you elect. I further understand that my property may be seized without prior notice to satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver. By signing immediately below, II agree to the terms of the CONFESSION OF JUDGMENT section. raid R. &oughton Individually 22. SIGNATURES. By signing under seal, I agree to the terms contained in this Guaranty. I also acknowledge receipt of a copy of this Guaranty. GUARAN Z (Seal) erald R. Broughton Individually Gerald R. Broughton Pennsylvania Quaranty PA/4XkcamesOO836500004672016032505Y 01996 Bankers Systems, Inc., St. Cloud, MN Fes; 4. VERIFICATION I, Raymond G. Metz, Special Assets Officer for First National Bank, depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. Raym d G. tz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: vs. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE FOR ENTRY OF CONFESSION OF JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief. Sworn to and subscribed before me 1--7ZZ? Scott A. this 6t' day of April, 2011. 0? S. Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: vs. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. CERTIFICATION OF ADDRESS I hereby certify that the address of the parties in the above action are as follows: Address of Plaintiff: 1114 East Carson Street, Pittsburgh, PA 15203 Address of Defendants: 226 Erford Road, Camp HiMI JAMES, SMI , K & CONNELLY LLP BY: Scdit A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: vs. : TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights To: Techharmony, Inc. 226 Erford Road Camp Hill, PA 17011 A judgment in the amount of $66,491.98 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 Respectfully S mi e JAMES, SMIT DI T C CONNELLY LLP By: Scott X. Dietterick, Esquire Attorney I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAU, - RETURN RECEIPT REQUESTED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: VS. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights To: Jessica Broughton 226 Erford Road Camp Hill, PA 17011 A judgment in the amount of $66,491.98 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 KespecirunM6un JAMES, + T + CK & CONNELLY LLP By: Sc t A. 'etterick, Esquire Attorney I.D. #55650 P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL. - RETURN RECEIPT REQUESTED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: vs. : TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights To: Gerald R. Broughton 226 Erford Road Camp Hill, PA 17011 A judgment in the amount of $66,491.98 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES, S I T K & CONNELLY LLP By: co A. Dietterick, Esquire Attorney I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: Vs. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. NOTICE OF ENTRY OF JUDGMENT To: TECHHARMONY, INC. You are hereby notified in accordance with Pa.R.C.P. 236 that judgment has been entered against you. Dated: MR. DAVID BUELL, PROTHONOTARY By: Protho IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: vs. TECHHARMONY, INC., : JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. NOTICE OF ENTRY OF JUDGMENT To: JESSICA BROUGHTON You are hereby notified in accordance with Pa.R.C.P. 236 that judgment has been entered against you. Dated: ZZI-711 L_ MR. DAVID BUELL, PROTHONOTARY By: Proth of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: I I ?3 S C ,j VS. : TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. NOTICE OF ENTRY OF JUDGMENT To: GERALD R. BROUGHTON You are hereby notified in accordance with Pa.R.C.P. 236 that judgment has been entered against you. Dated: G//7/// MR. DAVID BUELL, PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA Successor by Merger to THE LEGACY BANK, Plaintiff, vs. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. JAMES, SME & CONNELL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Confession of Judgment filed at the above- captioned term and number reinstated. Respectfully submitted, Dated: ? I L < CIVIL DIVISION NO : 11-3520 Civilc . rn 00 Xrn C- ZZ - ' °^ a) co r - D atec 1 ss c? CK BY: W ---, / Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 $10.oo Pja ATTY ey 733, 0.2t.01-78 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Successor by Merger to THE LEGACY BANK, Plaintiff, vs. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, CIVIL DIVISION - r ) , m r 2 = :?o C-3 -, cn ?- - :?L ' NO : 11-3520 Civil o Q c.,t . !z C?' ?' E5 TYPE OF PLEADING: -- i -- ; -< ; Defendants. MOTION FOR SPECIAL SERVICE PURSUANT TO Pa.R.C.P. 430 FILE ON BEHALF OF: First National Bank of Pennsylvania, Successor by Merger to The Legacy Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA ID #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: 11-3520 Civil VS. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. MOTION FOR SPECIAL SERVICE PURSUANT TO Pa.R.C.P. 430 AND NOW, comes the Plaintiff, First National Bank of Pennsylvania, Successor by Merger to The Legacy Bank, by and through its attorneys, James, Smith, Dietterick & Connelly LLP, and files the within Motion for Special Service pursuant to Pa.R.C.P. 430 as follows: 1. No other motion has been decided in this case. 2. Plaintiff attempted to obtain concurrence of Defendant, Jessica Broughton, with the Motion, but Defendant cannot be located, therefore no concurrence was obtained. 3. On or about April 7, 2011, Plaintiff filed its original Complaint in Confession of Judgment ("Complaint") against the Defendant, Jessica Broughton ("Defendant"), at the above- captioned number and term. 4. Plaintiff attempted service of the Defendant via certified mail, return receipt requested to Defendant's last known address of 230 S. Madison Avenue, Apt 103, Pasadena, California 91101-2895, but said certified mail was returned "Unclaimed." A true and correct copy of said returned mail is marked Exhibit "A", attached hereto and made a part hereof. Then, Plaintiff directed Mark Valenti - Process Server, a private process server, to serve the Defendant at the address of 230 S. Madison Avenue, Apt 103, but service could not be completed. A true and correct copy of the return of service is marked Exhibit "B", attached hereto and made a part hereof. 6. A search of the U.S. Postmaster's records for Pasadena, CA 91101-2895 replied that mail is delivered to address given. A true and correct copy of Plaintiff s U.S. Postmaster's Search is marked Exhibit "C", attached hereto and made apart hereof. 7. An internet person locator search provided no alternative address for Defendant. Plaintiff conducted an investigation to determine the whereabouts of Defendant, Jessica Broughton, but all sources indicated no alternative address other than that of 230 S. Madison Avenue, Apt 103, Pasadena, California 91101-2895. An affidavit of Plaintiff's counsel regarding the investigation taken to determine the whereabouts of Defendant is marked Exhibit "D", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to permit Plaintiff to serve Defendant, Jessica Broughton, with the Complaint in Confession of Judgment with 2958.1 Notice and all future pleadings, if necessary, by mailing a copy to Defendant's last known address being 230 S. Madison Avenue, Apt 103, Pasadena, California 91101-2895, via Certified Mail, Return Receipt Requested, No Signature Required and First Class U.S. Mail, Postage Prepaid and via publication in the Cumberland County Legal Journal and in one newspaper of general circulation within Cumberland County, with said service being valid and complete upon such mailing and publication in accordance with Pa.R.C.P. 430. Respectfully Submitted: JAMES, SM1I? TTEWJCK & CONNELL By: AttomeyUI D. A5 65 P.O. Box 650 ?J Hershey, PA 17033 (717) 533-3280 EXHIBIT "A" J -? ? J ru cr UJ -?w L *-Z' -- c T N C (D (D (n O fn J CL a Cn 0 _h _ K CD 0) CD K =3 co -` p ¢ / 1?l Q- 0 D o = <D (D O CD c = cn -.A. ? 3 = w N = OD SD CD > CD 0 =r CD CD 0 O (D' T _ O D Co CD = W CD - ?. X o cr) W 90 CD C) c) # CD cn "11 Q O ? (D r r _ r% r i ?-s EXHIBIT "B" SCOTT A. DIETTERICK (SB# 55650) P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, ET AL. Plaintiff, vs. TECHHARMONY, INC., ET AL. Defendants. CASE NO. 11-3520 DECLARATION RE NON-SERVICE I am a duly registered Process Server in Los Angeles County (Registration Number 2782, Expiration 10/31/2011) pursuant to Section 2235(a) of the Business and Professions Code. i am employed in the County of Los Angeles„ State of California. I am over the age of 18 and not a party to the within action. My business address is 5042 Wilshire Blvd., 9507. Los Angeles, California 90036. My telephone number is (213) 487-4123. Personal service was attempted on JESSICA BROUGHTON as follows: Address: 230 S. Madison Avenue, Apt. 103 Pasadena. CA 91101-2895 DATE TIME RESULTS June 18, 2011 12:00 p.m. This is a security building. No listing for Jessica Broughton. No listing by Apt. numbers. Unable to gain access. Fees: $49.00 Executed on June 24, 2011 at Los Angeles, California. I declare under penalty of perjury under the laws of the State of Pennsylvania that the above is true and correct. MARK VALENTI, Process Server Registration Number 2782 Los Angeles County EXHIBIT "C" JAMES SMi-ai DiL=, -FICK & CONNELLY LLP The Postal Service does not have a database giving the current address of all of its customers.. It doesn't need that information since it delivers to addresses, rather than to individuals. However, if a customer moves and opts to file a change of address order, that information is kept at the post office serving the last known address. Policy for the disclosure of customer name and address information is contained at section 265.6(d) of our regulations (39 CFR 265), which can be accessed from the FOIA home page. Change of address information about individuals or families is available only.to government agency requesters, to persons needing the information to serve legal process who meet certain, requirements, or pursuant to a court order. The Postai Service requires government agencies to use the following format in conjunction with regulations at 39 CFR 265.6(d)(6) when requesting the verification of a customer's current address or a customer's new marling address: P O. BOX 650 HERSHEY. PA 17033 Ca.;; ier Addy ., . 134 SIPS AVENUE HLIMMEL.STOWN, PA 17036 TEL 717..x.''.3.32.PID W1;VVJ.J615C COM (AGENCY LETTERHEAD) GARY L. JAMES MAX J. SMITH. JR. To: Postmast JOHN J. CONNELLY, JR. P a s aciena , CA 91101-2895 SCOTT A. DIE'TERICK Agency Control Number JAMES F SPADE April 20, 2011 Date MATTHEW CHABAL, III - NEIL W. YAFIN ADDRESS INFORMATION REQUEST 1 EDWARD P. SEEBER RONALD T. TOMASICO SUSAN M. KADEL Please fumish this agency with the new address, if available, for the fol4owing individual or verify whether or not 'ARAD W HANDELMAN the address given below is one at which mail for this individual is currently being delivered, If the following COURTNEY K. POWEL please furnish the street address as recorded on the boxholder's application form. , address is a post office box KIMBERLY A. BONNER , KAREN N. CONNELLY Jessica Broughton JOHN M HY Name: CHRISTINE T. . BR I3RANN Last Known Address:_ 230 S. Madison Avenue, Apt 103 JESSICA E LOWE SEAN M. CONCANNON GREGORY A. KOGUT, JR. Lcerfify that the address information for this individual is required for the performance of this agency's official THOMAS J. CAR le 8 OF COUNSEL: tuf f qn y ffiClai) ( * GREGORY K. RICHARDS -A 4 BERNARD A. RYAN, JR. istine Spurl Paralegal FOR POST nFFtr.F I IRF nNt Y [./MAIL IS DELIVERED TO ADDRESS GIVEN [ i NOT KNOWN AT ADDRESS GIVEN [ J MOVED, LEFT NO FORWARDING ADDRESS [ ] NO SUCH ADDRESS [ j OTHER (SPECIFY): Agency return address NEW ADDRESS BOXHOLDER'S STREET ADDRESS PostmarklDate Stamp The Postal Service suggests the following format (letterhead optional) be used in conjunction with regulations at 39 CFR 265.6(d)(4)(ii) by persons empowered by law to serve legal process when requesting change of address or boxhoider information: ? Not .a EXHIBIT "D" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: 11-3520 Civil vs. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and says that Plaintiff, or counsel for Plaintiff, conducted an investigation to determine the whereabouts of Defendant(s), which included, but was not limited to searches of the following records: Y`' Records of the U.S. Postmaster with results of same, attached to the foregoing Motion. k Internet Person Locator Records, with results of same, attached to the foregoing Motion. ( ) Voter Registration Records, with results of same, attached to the foregoing Motion. .K Credit Report Agency. k-\) Telephone Directory. ) Records of the County Recorder of Deeds and Prothonotary. Finally, Affidavit deposes and says that if Defendant(s) is/are not located at the address uncovered by this investigation, the whereabouts of Defen*4tfijjh4d-e unknown to Plaintiff. Scott Esquire Sworn to and subscribed before me this 9th day of August, 2011. A-? S-h (ue- L Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO. DAUPHIN COUNTY My Commission Expires Jun 23, 2012 Page 1 1 OF 1 RECORD(S) FOR INFORMATIONAL PURPOSES ONLY Copyright 2011 LexisNexis a division of Reed Elsevier Inc. All Rights Reserved. Full Name Address Phone BROUGHTON, JES- 230 S MADISON AVE APT 103 None Listed SICA M PASADENA, CA 91101-2895 LOS ANGELES COUNTY ADDITIONAL PERSONAL INFORMATION SSN DOB Gender Link ID 205-64-XXXX 1/1982 001421254198 (Age:29) Subject Summary Name Variations 1: BROUGHTON, JESSICA 2: BROUGHTON, JESSICA M 3: KORMOS, J 4: KORMOS, JESSICA 5: KORMOS, JESSICA M SSNs Summary No. SSN State Iss. Date Iss. Warnings Most frequent SSN attributed to subject: 1: 205-64-XXXX Pennsylvania 1985-1987 DOBs Reported DOBs: 1/1982 Address Summary -12 records found No. Address 1: 230 S MADISON AVE APT 103 PASADENA, CA 91101-2895 LOS ANGELES COUNTY 2: 226 ERFORD RD APT B CAMP HILL, PA 17011-1300 CUMBERLAND COUNTY 3: 203 S MADISON AVE # 103 PASADENA, CA 91101-2812 LOS ANGELES COUNTY 4: 24 17TH PL # 203 VENICE, CA 90291-4350 LOS ANGELES COUNTY 5: 2350 COLUMBIA AVE LANCASTER, PA 17603-4108 LANCASTER COUNTY 6: 100 SANTA MONICA BLVD LOS ANGELES, CA 90066 LOS ANGELES COUNTY Page 2 7: 1416 N LA BREA AVE LOS ANGELES, CA 90028-7506 LOS ANGELES COUNTY 8: 1841 19TH ST SANTA MONICA CA 90404-4456 LOS ANGELES MUNTY 9: 11273 CHARNOCK RD LOS ANGELES, CA 90066-2903 LOS ANGELES COUNTY 10: 222 ERFORD RD A CAMP HILL, PA 17011-1207 CUMBERLAND COUNTY 11: 101 W COLLEGE AVE APT ANNVILLE, PA 17003 LEBANON COUNTY 12: 101 N COLLEGE AVE APT ANNVILLE, PA 17003-1404 LEBANON COUNTY- , College or University Elementary or Secondary School Address Details 1: 230 S MADISON AVE APT 103 PASADENA, CA 91101-2895 Address 230 S MADISON AVE APT 103 PASADENA, CA 91101-2895 LOS ANGELES COUNTY Census Data for Geographical Region Median Head of Household Age: 41 Median Income: $49,831 Median Home Value: $153,000 Median Education: 16 years Household Members None Listed Other Associates None Listed 2: 226 ERFORD RD APT B CAMP HILL, PA 17011-1300 Address 226 ERFORD RD APT B CAMP HILL, PA 17011-1300 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age: 41 Median Income: $37,500 Median Home Value: $109,400 Median Education: 13 years Household Members BROUGHTON, GERALD M Other Associates None Listed Dates Phone 1/2010 - 3/2011 Dates Phone 10/1992- 5/2010 3: 203 S MADISON AVE # 103 PASADENA, CA 91101-2812 Page 3 Address 203 S MADISON AVE # 103 PASADENA, CA 91101-2812 LOS ANGELES COUNTY Census Data for Geographical Region Median Head of Household Age: 41 Median Income: $49,831 Median Home Value: $153,000 Median Education: 16 years Household Members None Listed Other Associates None Listed 4: 24 17TH PL # 203 VENICE, CA 90291-4350 Address 24 17TH PL # 203 VENICE, CA 90291-4350 LOS ANGELES COUNTY Census Data for Geographical Region Median Head of Household Age: 38 Median Income: $41,406 Median Home Value: $225,000 Median Education: 15 years Household Members None Listed Other Associates None Listed 5: 2350 COLUMBIA AVE LANCASTER, PA 17603-4108 Address 2350 COLUMBIA AVE LANCASTER, PA 176034108 LANCASTER COUNTY Census Data for Geographical Region Median Head of Household Age: 40 Median Income: $44,916 Median Home Value: $118,100 Median Education: 13 years Household Members DUICK, DI ANN Other Associates None Listed 6: 100 SANTA MONICA BLVD LOS ANGELES, CA 90066 Address 100 SANTA MONICA BLVD LOS ANGELES, CA 90066 LOS ANGELES COUNTY Census Data for Geographical Region Median Head of Household Age: 34 Median Income: $36,250 Median Home Value: $262,800 Median Education: 13 years Household Members Dates Phone 1/2010 -1/2010 Dates Phone 1/2008 - 1/2010 Dates Phone 3/2000 - 7/2008 V7111 9- 067(717) 291-0959 Dates Phone 4/2008 - 4/2008 Page 4 None Listed Other Associates None Listed 7:1416 N LA BREA AVE LOS ANGELES, CA 90028-7506 Address Dates Phone 1416 N LA BREA AVE 12/2007- (323) LOS ANGELES, CA 90028-7506 4/2008 802-1510(323) LOS ANGELES COUNTY 802-1525(323) 856-6680(323) 802-1848 Census Data for Geographical Region Median Head of Household Age: 39 Median Income: $28,770 Median Home Value: $168,800 Median Education: 13 years Household Members None Listed Other Associates None Listed 8: 1841 19TH ST SANTA MONICA, CA 90404-4456 Address Dates Phone 1841 19TH ST 9/2007 - 2/2008 ANTA LOS ANGELES ICA MUNTY04 4456 Census Data for Geographical Region Median Head of Household Age: 34 Median Income: $28,438 Median Home Value: $392,100 Median Education: 12 years Household Members None Listed Other Associates None Listed 9:11273 CHARNOCK RD LOS ANGELES, CA 90066-2903 Address Dates Phone 11273 CHARNOCK RD 4/2007 - 9/2007 (310) LOS ANGELES, CA 90066-2903 390-1069(310) LOS ANGELES COUNTY 390-4812 Census Data for Geographical Region Median Head of Household Age: 31 Median Income: $42,849 Median Home Value: $232,100 Median Education: 14 years Household Members None Listed Other Associates None Listed 10: 222 ERFORD RD A CAMP HILL, PA 17011-1207 Address Dates Phone 222 ERFORD RD A 1/2002 - 4/2003 CAMP HILL, PA 17011-1207 CUMBERLAND COUNTY Page 5 Census Data for Geographical Region Median Head of Household Age: 41 Median Income: $37,500 Median Home Value: $109,400 Median Education: 13 years Household Members None Listed Other Associates None Listed 11: 101 W COLLEGE AVE APT ANNVILLE, PA 17003 Address Dates Phone 101 W COLLEGE AVE APT 10/2001 - (717) ANNVILLE, PA 17003 1/2002 867-2360 717 LEBANON COUNTY 867-6100?717? 867-6395 Census Data for Geographical Region Median Head of Household Age: 35 Median Income: $51,875 Median Home Value: $94,100 Median Education: 12 years Household Members None Listed Other Associates None Listed 12: 101 N COLLEGE AVE APT ANNVILLE, PA 17003-1404 Address Dates Phone 101 N COLLEGE AVE APT 10/2001 - (77 ANNVILLE, PA 17003-1404 10/2001 8617-360 717 LEBANON COUNTY 867-6100?717? 867-6395 Census Data for Geographical Region Median Head of Household Age: 27 Median Income: $43,229 Median Home Value: $92,600 Median Education: 13 years Household Members None Listed Other Associates None Listed Real Property - 3 records found 1: Assessment Record for CUMBERLAND County, PA Name: Name: Address: County/FIPS: Address: County/FIPS: Data Source: Owner Information BROUGHTON JESSICA M BROUGHTON GERALD R 226 ERFORD RD CAMP HILL, PA 17011-1300 CUMBERLAND Property Information 226 ERFORD RD APT B CAMP HILL, PA 17011-1300 CUMBERLAND A Page 6 Assessor's Parcel Number: Book/Page: Assessed Value: Market Land Value: Market Improvement Value: Total Market Value: Legal Information 18-1304-036A-0000000-09 252/252 Assessment Information $231420 $45000 $186420 $231420 2: Assessment Record for CUMBERLAND County, PA Owner Information Name: BROUGHTON, JESSICA M & GERALD R Address: 226 ERFORD RD CAMP HILL, PA 17011-1300 County/FIPS: CUMBERLAND Property Information Address: 226-B ERFORD RD Data Source: B Legal Information Assessor's Parcel Number: 09-18-1304-036A Book/Page: 273/273 Assessment Information Assessed Value: $231420 3: Deed Record for CUMBERLAND County Buyer Information Name: KORMOS, JESSICA M Seller Information Name: SHARON L CORREA Property Information Address: 226 ERFORD RD CAMP HILL, PA 17011-1300 County/FIPS: CUMBERLAND Data Source: B Lender Information Name: WASHINGTON SAVINGS BANK Legal Information Assessor's Parcel Number: 09-18-1304-036A Contract Date: 07/31/2002 Recording Date: 08/01/2002 Book/Page: 252/252 Sale Information Sale Price: $185000 Mortgage Information Loan Amount: $166500 Judgments/Liens - 2 records found 1: PA Judgments and Liens Filings Debtor Information Debtor 1 Name: BROUGHTON, JESSICA M SSN: 205-64-XXXX Address: 226 ERFORD RD CAMP HILL, PA 17011-1300 CUMBERLAND COUNTY Page 7 Debtor 2 Name: BROUGHTON, GERALD R SSN: Address: 226 ERFORD RD CAMP HILL, PA 17011-1300 CUMBERLAND COUNTY Creditor Information Name: STATE OF PENNSYLVANIA Filing Information Jurisdiction: PA Amount: $1,270 Filing Date: 5/19/2008 Filing 1 Number: 20083143 Type: STATE TAX LIEN Agency: CUMBERLAND CNTY PROTHONOTARY Agency State: PA Agency County: CUMBERLAND 2: PA Judgments and Liens Filings Debtor Information Debtor 1 Name: BROUGHTON, JESSICA M SSN: 205-64-XXXX Address: 226 ERFORD RD CAMP HILL, PA 17011-1300 CUMBERLAND COUNTY Debtor 2 Name: BROUGHTON, GERALD R SSN: 179-62-XXXX Address: 226 ERFORD RD CAMP HILL, PA 17011-1300 CUMBERLAND COUNTY Creditor Information Name: BENEFICIAL CONSUMER DISCOUNT CO Filing Information Jurisdiction: PA Amount: $17,719 Filing Date: 3/17/2008 Eviction N Filing 1 Number: 20081731 Type: CIVIL JUDGMENT Agency: CUMBERLAND CNTY PROTHONOTARY Agency State: PA Agency County: CUMBERLAND Potential Relatives - 8 records found 1st Degree: 2, 2nd Degree: 6 No. Full Name Address/Phone BROUGHTON, GERALD M • AKA BROUGHTON, GER- ALD R • AKA BROUGHTON, GER- ALD R PO BOX 37635 NEW YORK, NY 10163 PO BOX 37635 PHILADELPHIA, PA 19101-0635 Page 8 • AKA BROUGHTTON, GER- ALD R 226 ERFORD RD APT B • AKA BROUGHTON, JERRY CAMP HILL, PA 17011-1300 SSN:179-62-XXXX D013:811968 37635 (Age: 42) PHILADELPHIA, PA 19101 453 LINCOLN ST STE 108 CARLISLE, PA 17013-1867 I.A. BOUGHTON, RICHARD 26 HORN HILL RD • AKA BROUGHTON, MORRIS, PA 16938-9523 RICHARD L (570) 353-2241 • AKA BROUGHTON, RICHARD L RR 1 BOX 28 • AKA BROUGHTON, MORRIS, PA 16938-9801 RICHARD L SSN:248-78-XXXX RR 1 BOX 28 DOBA943 HEGINS, PA 17938 (Age: 68) 2 RR 1 MORRIS, PA 16938 1.B. BROUGHTON GLORIA A • AKA BROUGHTON, GLORIA C 26 HORN HILL RD MORRIS, PA 16938-9523 SSN:207-36-XXXX DOB:12/1946 28 RR 1 (Age: 64) MORRIS, PA 16938 RR 1 BOX APT28 MORRIS, PA 16938-9801 RR 1 BOX 28 HEGINS, PA 17938-9712 204 RR 1 MORRIS, PA 16938 2. DUICK, DI ANN 2350 COLUMBIA AVE • AKA DUICK, DI M • AKA KORMOS DI A LANCASTER PA 17603-4108 (717) 291-9067 • AKA MARIE, DI A • AKA MKORMOS, DI A 906 CENTER ST • AKA DUICK, DI A MOUNT JOY PA 17552-9371 • AKA DUICK, DI- (717) 291-099 ANN GREGORY • AKA DUICK, DIANN M RR 3 APT • AKA KORMAS, DIANN M MOUNT JOY, PA 17552 • AKA KORMOS, DIANN K • AKA KORMOS DIANN M • AKA DIANN, DUICK 5 E HOOVER ST B MOUNTVILLE PA 17554-1405 SSN:192-46-XXXX (717) 291-0953 DOB:7/1955 (Age: 55) 2350 MARIETTA AVE LANCASTER, PA 17603-2224 2.A. DUI K, NANCY A 820 DARBY LN • AKA DUICK, NANCY ANN LANCASTER, PA 17601-2010 • AKA DUICK, NANCY ANN (717) 892-1567 • AKA DUICK, NANCY ANN • AKA POTT, NANCY A 835 HILLTOP DR • AKA POTT, NANCY A MOUNT JOY, PA 17552-9223 • AKA POTT, NANCY ANN (717) 681-0053 • AKA POTT, NANCY D • AKA POTT, NANCY N 802 DARBY LN -A <A WILKISON, NANCY A LANCASTER, PA 17601-2010 • AKA DUICK, NANCY-ANN SSN:195-62-XXXX 2350 COLUMBIA AVE (7 7) ASTER PA 17603-4108 291-9067 1101 HARRIET AVE LANCASTER, PA 17601-1521 (717) 898-0497 Page 9 2.13. DUICK, W GREGORY 1945 S PEBBLE BEACH BLVD • AKA GREGORY W • AKA QUICK, W GREGORY SUN CITY CENTER, FL 33573-4409 (813) 633-2115 • AKA DUICK JR, WILLI- AM GREGORY 2350 COLUMBIA AVE • AKA DUICK, WILLI- LANCASTER, PA 176034108 AM GREGORY (717) 291-9067 • AKA DUICK, WILLIAM J SSN:157-24-XXXX 1945 N PEBBLE BEACH BLVD DOB:7/1936 SUN CITY CENTER, FL 33573-5176 (Age: 74) 1101 HARRIET AVE (LA NC 8A?S8TOE4R? PA 17601-1521 835 HILLTOP DR MOUNT JOY, PA 17552-9223 (717)681-0053 (813) 633-2115 2.C. DUICK, GREG 2350 COLUMBIA AVE • AKA DUICK GREGORY GREGORY LANCASTER PA 17603-4108 (717) 291-9067 • AKA QUICK, GREGORY W • AKA DUICK JR, W GREGORY 835 HILLTOP DR • AKA DUICK JR, MOUNT JOY PA 17552-9223 WGREGORY JR (717) 681-003 • AKA DUICK JR, WILLIAM • AKA DUICK JR, WILLI- 1101 HARRIET AVE AM GREGORY LANCASTER, PA 17601-1521 • AKA DUICK, WM (717 898-0497 SSN:200-48-XXXX 1813; 633-2115 DOB:10/1966 (Age: 44) 2.D. KORMOS, GERALD M 248 NOLLYN DR SSN: 1 81-44-XXXX DALLASTOWN, PA 17313-9528 DOB:3/1953 (717) 417-1177 (Age: 58) 906 CENTER ST MOUNT JOY, PA 17552-9371 1106 APPLE VALLEY DR RED LION, PA 17356-9015 100 KEYMAR DR YORK, PA 17402-9552 1079 SCHWANGER RD APT ELIZABETHTOWN, PA 17022-9625 Business Associates -1 records found 1: TECHHARMONY, INC. Name: BROUGHTON, JESSICA M Address: 226 ERFORD RD CAMP HILL, PA 17011-1300 Status: ACTIVE State: PA Descriptive Status: ACTIVE Title: SECRETARY Record Type: CURRENT Record Date: 4/5/2011 Filing Date: 3/15/2004 Person Associates -1 records found No. Full Name Address SSN Phone DOB Page 10 1: KYLEN, MATTHEW D 6317 FORREST DR MECHANIC- SBURG, PA 17050-2823 6302 AUBURN DR MECHANIC- SBURG, PA 17050-1982 2253 BRIGADE RD ENOLA, PA 17025-1473 45 S 36TH ST CAMP HILL, PA 17011-4304 180-62-XXXX (717) 5/1981 525- 122(717 579-9919(717 761-1289(717 766-3952 Neighbors - 6 records found 230 S MADISON AVE APT 103 PASADENA, CA 91101-2895 Name Address BIANCOLELLA MICHELA 230 S MADISON AVE APT FLORENDO, KLVIN G PASADENA, CA 91101-2895 NOCHEBUENA, ROGELIO F ROLLINS, DEAN R HARRIS, KAHLIL 230 S MADISON AVE APT 10 PASADENA, CA 91101-2895 JABOURIAN, MARY PITPIT, DANILO SU, BONNIE M BENTER, MELISSA SHAFIA, BRIAN C GIDEON, SARAH M Employment - 8 records found 1: 2: 3: 4: 230 S MADISON AVE APT 101 PASADENA, CA 91101-2895 230 S MADISON AVE APT 102 PASADENA, CA 91101-2895 230 S MADISON AVE APT 104 PASADENA, CA 91101-2895 230 S MADISON AVE APT 104S PASADENA, CA 91101-2895 Company Name: TECHHARMONY, INC. Name: BROUGHTON, JESSICA M Title: SECRETARY SSN: 205-64-XXXX Phone: (717) 975-1926 Confidence: High Company Name: TECHHARMONY, INC. Name: BROUGHTON, JESSICA M Title: TREASURER SSN: 205-64-XXXX Phone: (717) 975-1926 Confidence: High Company Name: TECHHARMONY, INC Name: BROUGHTON, JESSICA Title: VICE PRESIDENT Address: CAMP HILL, PA SSN: 205-64-XXXX Confidence: High Company Name: TECHHARMONY, INC Name: BROUGHTON, JESSICA Title: VICE PRESIDENT Phone (626) 795-4613 (626)792-0893 (626) 264-5110 Page 11 5: 6 7 8: Address: CARLISLE, PA SSN: 205-64-XXXX Confidence: High Company Name: TECHHARMONY INC Name: BROUGHTON, JESSICA Title: MEMBER TO THE TEAM Address: PO BOX 37635 PHILADELPHIA, PA 19101-0635 SSN: 205-64-XXXX Phone: (717) 975-1926 Confidence: Medium Company Name: TECHHARMONY, INC. Name: BROUGHTON, JESSICA Title: MEMBER TO THE TEAM Address: # 55099 PHILADELPHIA, PA 19101 SSN: 205-64-XXXX Phone: (717) 975-1926 Confidence: Medium Company Name: TECHHARMONY INC Name: BROUGHTON, JESSICA Address: 453 LINCOLN ST STE 108 CARLISLE, PA 17013-1867 SSN: 205-64-XXXX Phone: (717) 975-1926 Confidence: High Company Name: TECHHARMONY INC Name: BROUGHTON, JESSICA Title: MEMBER TO THE TEAM Address: 453 LINCOLN ST STE 108 CARLISLE, PA 17013-1867 SSN: 205-64-XXXX Phone: (717) 975-1926 Confidence: High Sources - 53 records found All Sources Corporate Affiliations Deed Transfers Historical Person Locator Liens and Judgments Person Locator 1 Person Locator 2 Person Locator 5 Phone Tax Assessor Records Utility Locator 53 Source Document(s) 1 Source Document(s) 1 Source Document(s) 9 Source Document(s) 2 Source Document(s) 1 Source Document(s) 1 Source Document(s) 16 Source Document(s) 1 Source Document(s) 16 Source Document(s) 5 Source Document(s) Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Page 12 Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. Your DPPA Permissible Use is: Litigation Your GLBA Permissible Use is: Legal Compliance Copyright© 2011 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA : CIVIL DIVISION Successor by Merger to THE LEGACY BANK, Plaintiff, NO.: 11-3520 Civil vs. TECHHARMONY, INC., rrnnw n. -z-I JESSICA BROUGHTON and zrn GERALD R. BROUGHTON, <> Defendants. ?'" ? {C2 v cDi 5:c= ra ORDER OF COURT su -< Cn AND NOW hi d f , t s ay o ICJ , 2011, upon consider ation of Plaintiffs Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Confession of Judgment with 2958.1 Notice and all future pleadings, if necessary, on Defendant, Jessica Broughton, by mailing a copy to Defendant's last known address being 230 S. Madison Avenue, Apt 103, Pasadena, California 91101-2895, via Certified Mail, Return Receipt Requested, No Signature Required and First Class U.S. Mail, Postage Prepaid and via publication in the Cumberland County Legal Journal and in one newspaper of general circulation within Cumberland County, with said service being valid and complete upon such mailing and publication in accordance with Pa R C P 430 IU z??r bri siine S urle < B 1rof jwres Stnl+k bef*rick..+ C6ne! f yU.I'3 BY T COURT: J. !- tr4 t?i 1.64?l.. IN THE COURT OF COMMON PLEAS OF c.. !*° 4': } ; i 3 N O TA n `° CUMBERLAND COUNTY, PENNSYLVA" rs UG 3 0 AM I I: 3 2 FIRST NATIONAL BANK OF PENNSYLVANIA Successor by Merger to THE LEGACY BANK, Plaintiff, VS. TECHHARMONY, INC., JESSICA BROUGHTON and GERALD R. BROUGHTON, Defendants. CIVII IDINUX FdD COUNTY PENNSYLVANIA NO.: 11-3520 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Confession of Judgment filed at the above- captioned term and number reinstated. Respectfully submitted, qi l1 Dated: PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 OLM+ 10. M T4 Q Ck 9571 V- [A- 0 to S9 (A