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HomeMy WebLinkAbout11-7019HALIFAX NATIONAL BANK A DIVISION OF RIVERVIEW NATIONAL: BANK Plaintiff VS. COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. II.7o19 et U'% L C:' CIVIL ACTION - LAW C Q ~'? JACKSON MECHANICALS, 3 INC. --? :M M i r= Defendant x q_ C>C-) Confessed Judgment --s r".) Pursuant to the Authority contained in the warrant of attorney the original or a copy of which is attached to the complaint filed in this action, I appear for Defendant and confess judgment in favor of Plaintiff and against Defendant as follows: Principal Sum $197,671.78 Interest from September 8, 2011 Until paid Attorney Commission at 10% $ 19,767.18 Total costs $217,438.95 plus interest and Arthur M. Feld, Esq. Attorney for Defendant Attorney ID No. 07172 1309 Bridge Street New Cumberland, Pa. 17070 IUc4t cs- n-t at Lvc(, HALIFAX NATIONAL BANK A DIVISION OF RIVERVIEW NATIONAL: BANK Plaintiff VS. JACKSON MECHANICALS, INC. Defendant COURT OF COMMONS PLEAS CUMBERLAND COUNTY, P2NNSY16VAN";A c- NO. c= mm M ACTION - LAW us 4 r- ~*? Z:o C-) rv =? COMPLAINT FOR CONFESSION OF JUDGMENT -? 1• Plaintiff is Halifax National Bank, a division of Riverview National Bank, a US Corporation authorized to do business in Pennsylvania, with an office at Third and Market Streets, Halifax, Dauphin County, Pa. 17032. 2. Jackson Mechanicals, Inc., the Defendant, is a Pa. Business Corporation with an address at 29 Radam St., Enola, Cumberland County, Pennsylvania 17025. 3. Defendant borrowed money from Plaintiff pursuant to 2 Commercial Loan Agreements, one dated Mar. 7, 2007 and numbered 212263750, and the second dated Aug. 4, 2006 and numbered 211744750, copies of which are attached hereto, marked Exhibit "A" and "B" and made part hereof. 4. Each note contains a Warrant of Authority to Confess Judgment. 5. Judgment hereon is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. These loans have not been assigned. 7• Defendant is in default as it has not made the monthly payment due for July 7, 2011 on the first loan, and the payment due on July 4, 2011 on the second loan, and each monthly payment thereafter. 8. Judgment has not been entered in any other jurisdiction. 9. The Defendant's current payoff balance with the bank as of September 8, 2011, is $3,230.63 with daily interest thereafter of $0.71074 on the first loan, and $194,441.15 with daily interest thereafter of $26.27909 on the second loan until paid, with an attorney commission of $19,767.17 for both loans for a total as of September 8, 2011 of $217,438.95. WHEREFORE, Plaintiff requests entry of judgment in accordance with the warrant of attorney in said agreement against Defendant in the amount of $217,438.95, with interest thereon as set forth above, together with costs of suit thereon. Respectfully Submitted, Date: Arthur M. Feld, Esq. Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (717)770-0292 HALIFAX NATIONAL BANK, A DIVISION OF RIVERVIEW NATIONAL BANK Plaintiff VS. JACKSON MECHANICALS, INC. Defendant COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.. CIVIL ACTION - LAW Notice Under Rule 2958.1 Of Judgment and Execution Thereon Notice of Defendant's Rights To: JACKSON MECHANICALS, INC. Defendant A judgment in the amount of $217,.438.95 has been entered against you and in favor of 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. YOUR SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 (717)249-3166 (800)990-9108 vl? Arthur M. Feld, Esquire ATTORNEY FOR PLAINTIFF Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 JACKSON MECHANICALS, INC. 29 RADAM STREET ENOLA, PA 17025 HALIFAX NATIONAL BANK THIRD & MARKET STREETS P.O. BOX A HALIFAX, PA 17032 BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS "I" includes each borrower above, jointly and severally. "You" means the lender, its successors and assigns. Loan Number 212263750 Date 03/07/2007 Maturity Date 03/07/2012 Loan Amount $ $18,623-36 Renewal Of For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of EIGHTEEN THO lSANn TX HUNDRED TWENTY-THREE AND 36/IQ 0 r S Dollars $_ -623,3 ® Single Advance: I will receive all of this principal sum on 03/07/2007 S1 8 r6 . No additional advances are contemplated under this note. ? Multiple Advance: The principal sum shown above is the maximum amount of principal I can borrow under rhiq -tn r), I will receive the amount of $ Conditions: The conditions for future advances are and future principal advances are contemplated. ? Open End Credit: You and I agree that I may borrow up to the maximum principal sum more than one time. This feature is subject to all other conditions and expires on ? Closed End Credit: You and I agree that I may borrow (subject to all other conditions) up to the maximum principal sum only one time. INTEREST: I agree to pay interest on the outstanding principal balance from 03 /07 /2007 _at the rate of 8.300% per year until 03/07/2012 ? Variable Rate: This rate may then change as stated below. ? Index Rate: The future rate will be the following index rate: ? No Index: The future rate will not be subject to any internal or external index. It will be entirely in your control. ? Frequency and Timing: The rate on this note may change as often as A change in the interest rate will take effect ? Limitations: During the term of this loan, the applicable annual interest rate will not be more than %. The rate may not change more than % each Effect of Variable Rate: A change in the interest rate will have the following effect on the payments: ? The amount of each scheduled payment will change. ? The amount of the final payment will change. 171 ACCRUAL METHOD: Interest will be calculated on a 365/365 basis. POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below: ® on the same fixed or variable rate basis in effect before maturity (as indicated above). ? at a rate equal to ® LATE CHARGE: If a payment is made more than 15 days after it is due, I agree to pay a late charge of 5. 000% OF THE PAYMENT ? RETURNED CHECK CHARGE: I agree to pay a fee of $ for each check, negotiable order of withdrawal or draft I issue in connection with this loan that is returned because it has been dishonored. ® ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which ® are ? are not included in the principal amount above: MV FILING LEE PAYMENTS: I agree to pay this note as follows. ? Interest: I agree to pay accrued interest ? Principal: I agree to pay the principal Kk Installments: I agree to pay this note in h 0 payments. The first payment will be in the amount of $_38 0 - 2 9 and will be due 04/07/2007 A payment of $ 380 . 29 will be due 7TH DAY OF EVERY MONTH thereafter. The final payment of the entire unpaid balance of principal and interest will be due 0 /07/ Ol PURPOSE: The purpose of this loan is FINANCE VAN ® WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to you, by signing below Borrower irrevocably authorizes 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 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 andItatelws an,40fully understand the consequences of this waiver. ADDITIONAL TERMS: or less than L98T4,1991 E AND SECURITY AGREEMENT ? (page 1 of 3) Bankers Systems, Inc., St. Cloud, MN Form UNS-LAZ-PA 2/13/2001 , SECURITY SECURITY INTEREST: I give you a security interest in all of the Property described below that I own or have sufficient rights in which to transfer an interest, now or in the future, wherever the Property is or will be located, and all proceeds and products of the Property. "Property" includes all parts, accessories, repairs, replacements, improvements, and accessions to the Property; any original evidence of title or ownership; and all obligations that support the payment or performance of the Property. "Proceeds" includes anything acquired upon the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising from the Property; and any collections and distributions on account of the Property. ? Accounts and Other Rights to Payment: All rights to payment, whether or not earned by performance, including, but not limited to, payment for property or services sold, leased, rented, licensed, or assigned. This includes any rights and interests (including all liens) which I have by law or agreement against any account debtor or obligor. ? Inventory: All inventory held for ultimate sale or lease, or which has been or will be supplied under contracts of service, or which are raw materials, work in process, or materials used or consumed in my business. ? Equipment: All equipment including, but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, parts, and tools. The Property includes any equipment described in a list or schedule I give to you, but such a list is not necessary to create a valid security interest in all of my equipment. ? Instruments and Chattel Paper: All instruments, including negotiable instruments and promissory notes and any other writings or records that evidence the right to payment of a monetary obligation, and tangible and electronic chattel paper. ? General Intangibles: All general intangibles including, but not limited to, tax refunds, patents and applications for patents, copyrights, trademarks, trade secrets, goodwill, trade names, customer lists, permits and franchises, payment intangibles, computer programs and all supporting information provided in connection with a transaction relating to computer programs, and the right to use my name. ? Documents: All documents of title including, but not limited to, bills of lading, dock warrants and receipts, and warehouse receipts. ? Farm Products and Supplies: All farm products including, but not limited to, all poultry and livestock and their young, along with their produce, products, and replacements; all crops, annual or perennial, and all products of the crops; and all feed, seed, fertilizer, medicines, and other supplies used or produced in my farming operations. ? Government Payments and Programs: All payments, accounts, general intangibles, and benefits including, but not limited to, payments in kind, deficiency payments, letters of entitlement, warehouse receipts, storage payments, emergency assistance and diversion payments, production flexibility contracts, and conservation reserve payments under any preexisting, current, or future federal or state government program. ? Investment Property: All investment property including, but not limited to, certificated securities, uncertificated securities, securities entitlements, securities accounts, commodity contracts, commodity accounts, and financial assets. ? Deposit Accounts: All deposit accounts including, but not limited to, demand, time, savings, passbook, and similar accounts. ® Specific Property Description: The Property includes, but is not limited by, the following: 2005 CHEVROLET VAN VIN:IGCFG15X451210720 If applicable, enter real estate description and record owner information: The Property will be used for a ? personal ® business ? agricultural ? Borrower/Owner State of organization/registration (if applicable) GENERALLY - This agreement secures this note and any other debt I have with you, now or later. However, it will not secure other debts if you fail with respect to such other debts, to make any required disclosure about this security agreement or if you fail to give any required notice of the right of rescission. If property described in this agreement is located in another state, this agreement may also, in some circumstances, be governed by the law of the state in which the Property is located. NAME AND LOCATION - My name indicated on page 1 is my exact legal name. If I am an individual, my address is my principal residence. If I am not an individual, my address is the location of my chief executive offices or sole place of business. If I am an entity organized and registered under state law, my address is located in the state in which I am registered, unless otherwise indicated on page 2. 1 will provide verification of registration and location upon your request. I will provide you with at least 30 days notice prior to any change in my name, address, or state of organization or registration. OWNERSHIP AND DUTIES TOWARD PROPERTY - I represent that I own all of the Property, or to the extent this is a purchase money security interest I will acquire ownership of the Property with the proceeds of the loan. I will defend it against any other claim. Your claim to the Property is ahead of the claims of any other creditor. I agree to do whatever you require to protect your security interest and to keep your claim in the Property ahead of the claims of other creditors. I will not do anything to harm your position. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. I will keep books, records and accounts about the Property and my .business in general. I will let you examine these records at any reasonable time. I will prepare any report or accounting you request, which deals with the Property. I will keep the Property in my possession and will keep it in good repair and use it only for the purpose(s) described on page 1 of this agreement. I will not change this specified use without your express written permission. I represent that I am the original owner of the Property and, if I am not, that I have provided you with a list of prior owners of the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. I will keep the Property at my address listed on page 1 of this agreement, unless we agree I may keep it at another location. If the Property is to be used in another state, I will give you a list of those states. I will not try to sell the Property unless it is inventory or I receive your written permission to do so. If I sell the Property I will have the payment made payable to the order of you and me. You may demand immediate payment of the debt(s) if the debtor is not a natural person and without your prior written consent; (1) a beneficial interest in the debtor is sold or transferred, or (2) there is a change in either the identity or number of members of a partnership, or (3) there is a change in ownership of more than 25 percent of the voting stock of a corporation. I will pay all taxes and charges on the Property as they become due. You have the right of reasonable access in order to inspect the Property. I will immediately inform you of any loss or damage to the Property. If I fail to perform any of my duties under this security agreement, or any mortgage, deed of trust, lien or other security interest, you may ADDITIONAL TERMS OF THE SECURITY AGREEMENT purpose. without notice to me perform the duties or cause them to be performed. Your right to perform for me shall not create an obligation to perform and your failure to perform will not preclude you from exercising any of your other rights under the law or this security agreement. PURCHASE MONEY SECURITY INTEREST - For the sole purpose of determining the extent of a purchase money security interest arising under this security agreement: (a) payments on any nonpurchase money loan also secured by this agreement will not be deemed to apply to the Purchase Money Loan, and (b) payments on the Purchase Money Loan will be deemed to apply first to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items of collateral were acquired or if acquired at the same time, in the order selected by you. No security interest will be terminated by application of this formula. "Purchase Money Loan" means any loan the proceeds of which, in whole or in part, are used to acquire any collateral securing the loan and all extensions, renewals, consolidations and refinancing of such loan. PAYMENTS BY LENDER - You are authorized to pay, on my behalf, charges I am or may become obligated to pay to preserve or protect the secured property (such as property insurance premiums). You may treat those payments as advances and add them to the unpaid principal under the note secured by this agreement or you may demand immediate payment of the amount advanced. INSURANCE - I agree to buy insurance on the Property against the risks and for the amounts you require and to furnish you continuing proof of coverage. I will have the insurance company name you as loss payee on any such policy. You may require added security if you agree that insurance proceeds may be used to repair or replace the Property. I will buy insurance from a firm licensed to do business in the state where you are located. The firm will be reasonably acceptable to you. The insurance will last until the Property is released from this agreement. If I fail to buy or maintain the insurance (or fail to name you as loss payee) you may purchase it yourself. WARRANTIES AND REPRESENTATIONS - If this agreement includes accounts, I will not settle any account for less than its full value without your written permission. I will collect all accounts until you tell me otherwise. I will keep the proceeds from all the accounts and any goods which are returned to me or which I take back in trust for you. I will not mix them with any other property of mine. I will deliver them to you at your request. If you ask me to pay you the full price on any returned items or items retaken by myself, I will do so. You may exercise my rights with respect to obligations of any account debtors, or other persons obligated on the Property, to pay or perform, and you may enforce any security interest that secures such obligations. You may exercise my rights with respect to obligations of any account debtors, or other persons obligated on the Property, to pay or perform, and you may enforce any security interest that secures such obligations. If this agreement covers inventory, 1 will not dispose of it except in my ordinary course of business at the fair market value for the Property, or at a minimum price established between you and me. If this agreement covers farm products I will provide you, at your request, a written list of the buyers, commission merchants or selling agents to or through whom I may sell my farm products. In addition to those parties named on this written list, I authorize you to notify at your sole discretion any additional parties regarding your security interest in F? (Page 2 of 3) 0 1984, 1991 Bankers Systems, Inc., St. Cloud, MN Form UNS-LAZ-PA 2/13/2001 my farm products. I remain subject to all applicaL analties for sellin my far0h prddu&s in violation of my agreement Wlut you and the Food Security Act. In this paragraph the terms farm products, buyers commission merchants and selling agents have the meanings given to them in the Federal Food Security Act of 1985. If this agreement covers chattel paper or instruments, either as origina collateral or proceeds of the Property, I will note your interest on the fac of the chattel paper or instruments. REMEDIES - I will be in default on this security agreement if I am in default on any note this agreement secures or if I fail to keep any promise contained in the terms of this agreement. If I default, you have all of the rights and remedies provided in the note and under the Uniform Commercial Code. You may require me to make the secured property available to you at a place which is reasonably convenient. You may take possession of the secured property and sell it as provided by law. The proceeds will be applied first to your expenses and then to the debt. I agree that 10 days written notice sent to my last known address by first class mail will be reasonable notice under the Uniform Commercial Code. My current address is on page 1. PERFECTION OF SECURITY INTEREST - I authorize you to file a financing statement covering the Property. I will comply with, facilitate, and otherwise assist you in connection with obtaining possession of or control over the Property for purposes of perfecting your security interest under the Uniform Commercial Code. Any person who signs within this box does so to give you a security interest in the Property described on page 2. This person does not promise to pay the note. "I" as used in this security agreement will include the borrower and any person who signs within this box. Date Signed ADDITIONAL TERMS OF THE NOTE DEFINITIONS: As used on pages 1 and 2, "EX " means the terms that apply to this loan. "I," "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. APPLICABLE LAW - The law of the state of Pennsylvania will govern this agreement. Any term of this agreement which is contrary to applicable law will not be effective, unless the law permits you and me to agree to such a variation. If any provision of this agreement cannot be enforced according to its terms, this fact will not affect the enforceability of the remainder of this agreement. No modification of this agreement may be made without your express written consent. Time is of the essence in this agreement. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.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. NAME AND LOCATION - My name indicated on page 1 is my exact legal name. If I am an individual, my address is my principal residence. If I am not an individual, my address is the location of my chief executive offices or sole place of business. If I am an entity organized and registered under state law, my address is located in the state in which I am registered, unless otherwise provided in writing to you. I will provide verification of registration upon your request. I will provide you with at least 30 days notice prior to any change in my name, address, or state of organization or registration. PAYMENTS - Each payment I make on this note will first reduce the amount I owe you for charges which are neither interest nor principal. The remainder of each payment will then reduce accrued unpaid interest, and then unpaid principal. If you and I agree to a different application of payments, we will describe our agreement on this note. I may prepay a part of, or the entire balance of this loan without penalty, unless we specify to the contrary on this note. Any partial prepayment will not excuse or reduce any later scheduled payment until this note is paid in full (unless, when I make the prepayment, you and I agree in writing to the contrary). INTEREST - Interest accrues on the principal remaining unpaid from time to time, until paid in full. If I receive the principal in more than one advance, each advance will start to earn interest only when I receive the advance. The interest rate in effect on this note at any given time will apply to the entire principal sum outstanding at that time. Notwithstanding anything to the contrary, I do not agree to pay and you do not intend to charge any rate of interest that is higher than the maximum rate of interest you could charge under applicable law for the extension of credit that is agreed to in this note (either before or after maturity). If any notice of interest accrual is sent and is in error, we mutually agree to correct it, and if you actually collect more interest than allowed by law and this agreement, you agree to refund it to me. INDEX RATE - The index will serve only as a device for setting the interest rate on this note. You do not guarantee 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. POST MATURITY RATE - For purposes of deciding when the "Post Maturity Rate" (shown on page 1) applies, the term "maturity" means the earliest of the following: (a) the date of the last scheduled payment indicated on page 1 of this note; (b) the date you accelerate payment on the note; or (c) after the entry of judgment on this note by confession or otherwise and applies to amounts owed under this note on any such judgment until paid in full. SINGLE ADVANCE LOANS - If this is a single advance loan, you and I expect that you will make only one advance of principal. However, you may add other amounts to the principal if you make any payments described in the "PAYMENTS BY LENDER" paragraph on page 2. g MULTIPLE ADVANCE LOAi If this is a multiple advance loan, you and I expect that you will make .,,ore than one advance of principal. If this is closed end credit, repaying a part of the principal will not entitle me to o additional credit. ADVANCE PROCEDURE AND MEANS - You will advance the loan ? proceeds by way of check, cash, wire transfer, credit to an account or e any combination as You and I agree. The advance(s) will occur upon consummation of the loan and as You and I agree, except that no advance(s) will occur until after three business days from the date of consummation if the loan is rescindable pursuant to Regulation Z (12 C.F.R. § 226). SET-OFF - I agree that you may set off any amount due and payable under this note against any right I have to receive money from you. "Right to receive money from you" means: (1) any deposit account balance I have with you; (2) any money owed to me on an item presented to you or in your possession for collection or exchange; and (3) any repurchase agreement or other nondeposit obligation. "Any amount due and payable under this note" means the total amount of which you are entitled to demand payment under the terms of this note at the time you set off. This total includes any balance the due date for which you properly accelerate under this note. If my right to receive money from you is also owned by someone who has not agreed to pay this note, 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 are only as a representative. 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 this debt 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 to set-off. DEFAULT - I will be in default if any one or more of the following occur: (1) 1 fail to make a payment on time or in the amount due; (2) 1 fail to keep the Property insured, if required; (3) 1 fail to pay, or keep any of mine on any collect agreement any have debt Vl I with owe ( him any other through creditor proceedings; (5) 1 die, am declared incompetent, make an assignment for the benefit of creditors, or become insolvent (either because my liabilities exceed my assets or I am unable to pay my debts as they become due); (6) 1 make any written statement or provide any financial information that is untrue or inaccurate at the time it was provided; (7) 1 do or fail to do something which causes you to believe you will have difficulty collecting the amount I owe you; (8) any collateral securing this note is used in a manner or for a purpose which threatens confiscation by a legal authority; (9) 1 change my name or assume an additional name without first notifying you before making such a change; (10) 1 fail to plant, cultivate and harvest crops in due season if I am a producer of crops; (11) any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. REMEDIES - If I am in default on this note you have, but are not limited to, the following remedies: (1) You may demand immediate payment of all I owe you under this note (principal, accrued unpaid interest and other accrued unpaid charges). (2) You may set off this debt against any right I have to the payment of money from you, subject to the terms of the "SET-OFF" paragraph herein. (3) You may demand security, additional security, or additional parties to be obligated to pay this note as a condition for not using any other remedy. (4) You may refuse to make advances to me or allow purchases on credit by me. (5) You may use any remedy you have under state or federal law. (6) You may make use of any remedy given to you in any agreement securing this note. By selecting any one or more of these remedies you do not give up your right to use later any other remedy. By waiving your right to declare an event to be a default, you do not waive your right to consider later the event a default if it continues or happens again. COLLECTION COSTS AND ATTORNEY'S FEES - I agree to pay all costs of collection, replevin or any other or similar type of cost if I am in default. In addition, if you hire an attorney to collect this note, I also agree to pay any fee you incur with such attorney plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorney's fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. WAIVER - I give up my rights (to the extent permitted by law) to require you to do certain things. I will not require you to: (1) demand payment of amounts due (presentment); (2) obtain official certification of nonpayment (protest); or (3) give notice that amounts due have not been paid (notice of dishonor), I waive any defenses I have based on suretyship or impairment of collateral. OBLIGATIONS INDEPENDENT - I understand that I must pay this note even if someone else has also agreed to pay it (by, for example, signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this note, or any number of us together, to collect this note. You may without notice release any party to this agreement without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this note. Any extension of new credit to any of us, or renewal of this note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) I agree that you may at your option extend this note or the debt represented by this note, or any portion of the note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the note. I will not assign my obligation under this agreement without your prior written approval. FINANCIAL INFORMATION - I agree to provide you, upon request, any financial statement or information you may deem necessary. I warrant that the financial statements and information I provide to you are or will be accurate, correct and complete. SIGNATURES: I AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THOSE ON PAGES 1 AND 2). 1 have received a copy on today's date. D ,JACKSON MECHANICALS, INC. DENNIS . GRADY, PR SIDENT SIGNATURE FOR LENDER: L9 le 01984, 1991 Bankers Systems, in ., St. Cloud, MN Form UNS-LAZ-PA 2/13/2001 In»n. I of .71 JACKSON MECHANICALS, INC. 29 RADAM STREET ENOLA, PA 17025 BORROWER'S NAME AND ADDRESS T' includes each borrower above, jointly and severally HALIFAX NATIONAL BANK THIRD & MARKET STREETS P.O. BOX A HALIFAX, PA 17032 LENDER'S NAME AND ADDRESS "You" means the lender, its successors and assigns. Loan Number 211744750 Date 08/04/2006 Maturity Date 08/04/2007 Loan Amount $ $200,000.00 Renewal Of For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of TWO H ND Fn THO lSAN AND 00/100'S 11 Single Advance: 1 will receive all of this principal sum on Dollars $ $200,000.00 No additional advances are contemplated under this note. ® Multiple Advance: The principal sum shown above is the maximum amount of principal I can borrow under this note. On I will receive the amount of Conditions: The conditions for future advances are and future principal advances are contemplated, ® Open End Credit: You and I agree that I may borrow up to the maximum principal sum more than one time. This feature is subject to all other conditions and expires on 08/04/ 007 . ? Closed End Credit: You and I agree that I may borrow (subject to all other conditions) up to the maximum principal sum only one time. INTEREST: I agree to pay interest on the outstanding principal balance from 08 /04 / 006 per year until Q$/05/2006 _at the rate of 8.250% ® Variable Rate: This rate may then change as stated below. ® Index Rate: The future rate will beD.000$ GREATER THA the following index rate: IE-ALIFAX NATInNAT BANE QMMER IA THE RATE ? No Index: The future rate will not be subject to any internal or external index. It will be entirely in your control. ® Frequency and Timing: The rate on this note may change as often as DAILY A change in the interest rate will take effect 08/05/2006 ® Limitations: During the term of this loan, the applicable annual interest rate will not be more than N/A %. The rate may not change more than or less than 0 000 % each DAY Effect of Variable Rate: A change in the interest rate will have the following effect on the payments: ® The amount of each scheduled payment will change. ? The amount of the final payment will change. ACCRUAL METHOD: Interest will be calculated on a 365/365 POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below: ® on the same fixed or variable rate basis in effect before maturity (as indicated above). ? at a rate equal to ® LATE CHARGE: If a payment is made more than 15 days after it is due, I agree to pay a late charge of 5. 000% OF THE PAYMENT ? RETURNED CHECK CHARGE: I agree to pay a fee of $ for each check, negotiable order of withdrawal or draft I issue in connection with this loan that is returned because it has been dishonored, ® ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which ® are ? are not included in the principal amount above: DOCUMENT PREPAR,1?TTQN AND UCC FTT TNC FEES PAYMENTS: I agree to pay this note as follows. ® Interest: I agree to pay accrued interest MONTHLY, BASEn UPON THE OUTSTANDING PRIN IPAT BA AN F ® Principal: I agree to pay the principal ON DEMAND ? Installments: I agree to pay this note in payments. The first payment will be in the amount of S and will be due . A payment of $ will be due unpaid balance of principal and interest will be due thereafter. The final payment of the entire PURPOSE: The purpose of this loan is WORKING CAPITAL ® WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to you, by signing below Borrower irrevocably authorizes 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 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 an state laws pnd fully understand the consequences of this waiver. / 1? UNIVERSAL NOTE AND SECURITY AGREEMENT /1 / (page 1 of 3) 01984, 1991 Bankers Systems, Inc., St. Cloud, MN Form UNS-LAZ-PA 2/13/2001 1 /// Al, SECURITY SECURITY INTEREST: I give you a security interesc in all of the Property described below that I own or have sufficient rights in which to transfer an interest, now or in the future, wherever the Property is or will be located, and all proceeds and products of the Property. "Property" includes all parts, accessories, repairs, replacements, improvements, and accessions to the Property; any original evidence of title or ownership; and all obligations that support the payment or performance of the Property. "Proceeds" includes anything acquired upon the sale, lease, license, exchange, or other disposition of the Property; any rights and claims arising from the Property; and any collections and distributions on account of the Property. ® Accounts and Other Rights to Payment: All rights to payment, whether or not earned by performance, including, but not limited to, payment for property or services sold, leased, rented, licensed, or assigned. This includes any rights and interests (including all liens) which I have by law or agreement against any account debtor or obligor. ® Inventory: All inventory held for ultimate sale or lease, or which has been or will be supplied under contracts of service, or which are raw materials, work in process, or materials used or consumed in my business. ® Equipment: All equipment including, but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop equipment, office and record keeping equipment, parts, and tools. The Property includes any equipment described in a list or schedule I give to you, but such a list is not necessary to create a valid security interest in all of my equipment. ® Instruments and Chattel Paper: All instruments, including negotiable instruments and promissory notes and any other writings or records that evidence the right to payment of a monetary obligation, and tangible and electronic chattel paper. ? General Intangibles: All general intangibles including, but not limited to, tax refunds, patents and applications for patents, copyrights, trademarks, trade secrets, goodwill, trade names, customer lists, permits and franchises, payment intangibles, computer programs and all supporting information provided in connection with a transaction relating to computer programs, and the right to use my name. ® Documents: All documents of title including, but not limited to, bills of lading, dock warrants and receipts, and warehouse receipts. ? Farm Products and Supplies: All farm products including, but not limited to, all poultry and livestock and their young, along with their produce, products, and replacements; all crops, annual or perennial, and all products of the crops; and all feed, seed, fertilizer, medicines, and other supplies used or produced in my farming operations. ? Government Payments and Programs: All payments, accounts, general intangibles, and benefits including, but not limited to, payments in kind, deficiency payments, letters of entitlement, warehouse receipts, storage payments, emergency assistance and diversion payments, production flexibility contracts, and conservation reserve payments under any preexisting, current, or future federal or state government program. ? Investment Property: All investment property including, but not limited to, certificated securities, uncertificated securities, securities entitlements, securities accounts, commodity contracts, commodity accounts, and financial assets, ® Deposit Accounts: All deposit accounts including, but not limited to, demand, time, savings, passbook, and similar accounts. ® Specific Property Description: The Property includes, but is not limited by, the following: ALL ASSETS, MACHINERY, EQUIPMENT, INVENTORY, AND ACCOUNTS RECEIVABLE. If applicable, enter real estate description and record owner information: The Property will be used for a ? personal ® business ? agricultural ? Borrower/Owner State of organization/registration (if applicable) purpose. ADDITIONAL TERMS OF THE SECURITY AGR GENERALLY - This agreement secures this note and any other debt I have with you, now or later. However, it will not secure other debts if you fail with respect to such other debts, to make any required disclosure about this security agreement or if you fail to give any required notice of the right of rescission. If property described in this agreement is located in another state, this agreement may also, in some circumstances, be governed by the law of the state in which the Property is located. NAME AND LOCATION - My name indicated on page 1 is my exact legal name. If I am an individual, my address is my principal residence. If I am not an individual, my address is the location of my chief executive offices or sole place of business. If I am an entity organized and registered under state law, my address is located in the state in which I am registered, unless otherwise indicated on page 2. 1 will provide verification of registration and location upon your request, I will provide you with at least 30 days notice prior to any change in my name, address, or state of organization or registration. OWNERSHIP AND DUTIES TOWARD PROPERTY - I represent that I own all of the Property, or to the extent this is a purchase money security interest I will acquire ownership of the Property with the proceeds of the loan. I will defend it against any other claim. Your claim to the Property is ahead of the claims of any other creditor. I agree to do whatever you require to protect your security interest and to keep your claim in the Property ahead of the claims of other creditors. I will not do anything to harm your position. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. I will keep books, records and accounts about the Property and my business in general. I will let you examine these records at any reasonable time. I will prepare any report or accounting you request, which deals with the Property. I will keep the Property in my possession and will keep it in good repair and use it only for the purpose(s) described on page 1 of this agreement. I will not change this specified use without your express written permission. I represent that I am the original owner of the Property and, if I am not, that I have provided you with a list of prior owners of the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or seizure. I will keep the Property at my address listed on page 1 of this agreement, unless we agree I may keep it at another location. If the Property is to be used in another state, I will give you a list of those states. I will not try to sell the Property unless it is inventory or I receive your written permission to do so. If 1 sell the Property I will have the payment made payable to the order of you and me. You may demand immediate payment of the debt(s) if the debtor is not a natural person and without your prior written consent; (1) a beneficial interest in the debtor is sold or transferred, or (2) there is a change in either the identity or number of members of a partnership, or (3) there is a change in ownership of more than 25 percent of the voting stock of a corporation. I will pay all taxes and charges on the Property as they become due. You have the right of reasonable access in order to inspect the Property. I will immediately inform you of any loss or damage to the Property. If I fail to perform any of my duties under this security agreement, or any mortgage, deed of trust, lien or other security interest, you may EEMENT without notice to me perform the duties or cause them to be performed. Your right to perform for me shall not create an obligation to perform and your failure to perform will not preclude you from exercising any of your other rights under the law or this security agreement. PURCHASE MONEY SECURITY INTEREST - For the sole purpose of determining the extent of a purchase money security interest arising under this security agreement: (a) payments on any nonpurchase money loan also secured by this agreement will not be deemed to apply to the Purchase Money Loan, and (b) payments on the Purchase Money Loan will be deemed to apply first to the nonpurchase money portion of the loan, if any, and then to the purchase money obligations in the order in which the items of collateral were acquired or if acquired at the same time, in the order selected by you. No security interest will be terminated by application of this formula. "Purchase Money Loan" means any loan the proceeds of which, in whole or in part , are used to acquire any collateral securing the loan and all extensions, renewals, consolidations and refinancing of such loan. PAYMENTS BY LENDER - You are authorized to pay, on my behalf, charges I am or may become obligated to pay to preserve or protect the secured property (such as property insurance premiums). You may treat those payments as advances and add them to the unpaid principal under the note secured by this agreement or you may demand immediate payment of the amount advanced. INSURANCE - I agree to buy insurance on the Property against the risks and for the amounts you require and to furnish you continuing proof of coverage. I will have the insurance company name you as loss payee on any such policy. You may require added security if you agree that insurance proceeds may be used to repair or replace the Property. I will buy insurance from a firm licensed to do business in the state where you are located. The firm will be reasonably acceptable to you. The insurance will last until the Property is released from this agreement. If I fail to buy or maintain the insurance (or fail to name you as loss payee) you may purchase it yourself. WARRANTIES AND REPRESENTATIONS - If this agreement includes accounts, I will not settle any account for less than its full value without your written permission. I will collect all accounts until you tell me otherwise. I will keep the proceeds from all the accounts and any goods which are returned to me or which I take back in trust for you. I will not mix them with any other property of mine. I will deliver them to you at your request. If you ask me to pay you the full price on any returned items or items retaken by myself, I will do so. You may exercise my rights with respect to obligations of any account debtors, or other persons obligated on the Property, to pay or perform, and you may enforce any security interest that secures such obligations. You may exercise my rights with respect to obligations of any account debtors, or other persons obligated on the Property, to pay or perform, and you may enforce any security interest that secures such obligations. If this agreement covers inventory, I will not dispose of it except in my ordinary course of business at the fair market value for the Property, or at a minimum price established between you and me. If this agreement covers farm products I will provide you, at your request, a written list of the buyers, commission merchants or selling agents to or through whom I may sell my farm products. In addition to those parties named on this written list, I authorize you to notify at your sole discretion any additional parties regarding your security interest in 01984, 1991 Bankers Systems, Inc., St. Cloud, MN Form UNS-LAZ-PA 2/13/2001 (page 2 of 3) t my farr» products.. I remain subject to all appli penalties for sellin my farm products in violation of my agreement th you and the Foo Security Act. In this paragraph the terms farm products, buyers commission merchants and selling agents have the meanings given t them in the Federal Food Security Act of 1985. If this agreement covers chattel paper or instruments, either as origin collateral or proceeds of the Property, I will note your interest on the fac of the chattel paper or instruments. REMEDIES - I will be in default on this security agreement if I am i default on any note this agreement secures or if I fail to keep any promis contained in the terms of this agreement. If I default, you have all of th rights and remedies provided in the note and under the Unifor Commercial Code. You may require me to make the secured propert available to you at a place which is reasonably convenient. You may tak possession of the secured property and sell it as provided by law. Th The proceeds will be applied first to your expenses and then to the debt. agree that 10 days written notice sent to my last known address by first class mail will be reasonable notice under the Uniform Commercial Code My current address is on page 1. PERFECTION OF SECURITY INTEREST - I authorize you to file a financing statement covering the Property. I will comply with, facilitate, and otherwise assist you in connection with obtaining possession of or control over the Property for purposes of perfecting your security interest under the Uniform Commercial Code. Any person who signs within this box does so to give you a security interest in the Property described on page 2. This person does not promise to pay the note. "I" as used in this security agreement will include the borrower and any person who signs within this box. Date Signed ADDITIONAL TERMS OF THE NOTE DEFINITIONS: As used on pages 1 and 2, "IR " means the terms that apply to this loan. "I," "me" or "my" means each Borrower who signs this note and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to as "us"). "You" or "your" means the Lender and its successors and assigns. APPLICABLE LAW - The law of the state of Pennsylvania will govern this agreement. Any term of this agreement which is contrary to applicable law will not be effective, unless the law permits you and me to agree to such a variation. If any provision of this agreement cannot be enforced according to its terms, this fact will not affect the enforceability of the remainder of this agreement. No modification of this agreement may be made without your express written consent. Time is of the essence in this agreement. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. NAME AND LOCATION - My name indicated on page 1 is my exact legal name. If I am an individual, my address is my principal residence. If I am not an individual, my address is the location of my chief executive offices or sole place of business. If I am an entity organized and registered under state law, my address is located in the state in which I am registered, unless otherwise provided in writing to you. I will provide verification of registration upon your request. I will provide you with at least 30 days notice prior to any change in my name, address, or state of organization or registration. PAYMENTS - Each payment I make on this note will first reduce the amount I owe you for charges which are neither interest nor principal. The remainder of each payment will then reduce accrued unpaid interest, and then unpaid principal. If you and I agree to a different application of payments, we will describe our agreement on this note. I may prepay a part of, or the entire balance of this loan without penalty, unless we specify to the contrary on this note. Any partial prepayment will not excuse or reduce any later scheduled payment until this note is paid in full (unless, when I make the prepayment, you and I agree in writing to the contrary). INTEREST - Interest accrues on the principal remaining unpaid from time to time, until paid in full. If 1 receive the principal in more than one advance, each advance will start to earn interest only when I receive the advance. The interest rate in effect on this note at any given time will apply to the entire principal sum outstanding at that time. Notwithstanding anything to the contrary, I do not agree to pay and you do not intend to charge any rate of interest that is higher than the maximum rate of interest you could charge under applicable law for the extension of credit that is agreed to in this note (either before or after maturity). If any notice of interest accrual is sent and is in error, we mutually agree to correct it, and if you actually collect more interest than allowed by law and this agreement, you agree to refund it to me. INDEX RATE - The index will serve only as a device for setting the interest rate on this note. You do not guarantee 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. POST MATURITY RATE - For purposes of deciding when the "Post Maturity Rate" (shown on page 1) applies, the term "maturity" means the earliest of the following: (a) the date of the last scheduled payment indicated on page 1 of this note; (b) the date you accelerate payment on the note; or (c) after the entry of judgment on this note by confession or otherwise and applies to amounts owed under this note on any such judgment until paid in full. SINGLE ADVANCE LOANS - If this is a single advance loan, you and I expect that you will make only one advance of principal. However, you may add other amounts to the principal if you make any, payments described in the "PAYMENTS BY LENDER" paragraph on page 2. SIGNATURES: I AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THOSE ON PAGES 1 AND 21 JACKSON MECHANICALS, INC. DENNIS J GRADY I have received a copy on today's date. laaoe 3 of 31 g MULTIPLE ADVANCE L( - If this is a multiple advance loan, you and d I expect that you will ma,. - more than one advance of principal. If this is , closed end credit, repaying a part of the principal will not entitle me to o additional credit. ADVANCE PROCEDURE AND MEANS - You will advance the loan al proceeds by way of check, cash, wire transfer, credit to an account or e any combination as You and I agree. The advance(s) will occur upon consummation of the loan and as You and I agree, except that no n advance(s) will occur until after three business days from the date of e consummation if the loan is rescindable pursuant to Regulation Z (12 a C.F.R. § 226). m SET-OFF - I agree that you may set off any amount due and payable y under this note against any right I have to receive money from you. e "Right to receive money from you" means: (1) any deposit account balance I have with you; (2) any money owed to me on an item presented to you or in your t possession for collection or exchange; and (3) any repurchase agreement or other nondeposit obligation. amount of hich "Any amount due and payable under this note" means the total this note at the time yoare u set off. This total includes any balancetthe due date for which you properly accelerate under this note. If my right to receive money from you is also owned by someone who has not agreed to pay this note, 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 are only as a representative. 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 this debt 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 to set-off. DEFAULT - I will be in default if any one or more of the following occur: (1) 1 fail to make a payment on time or in the amount due; (2) 1 fail to keep the Property insured, if required; (3) 1 fail to pay, or keep any ofo mine on any collect agreement any have debt with h owe ( him any other thr ugh creditor urrt proceedings; (5) 1 die, am declared incompetent, make an assignment for the benefit of creditors, or become insolvent (either because my liabilities exceed my assets or I am unable to pay my debts as they become due); (6) 1 make any written statement or provide any financial information that is untrue or inaccurate at the time it was provided; (7) 1 do or fail to do something which causes you to believe you will have difficulty collecting the amount I owe you; (8) any collateral securing this note is used in a manner or for a purpose which threatens confiscation by a legal authority; (9) 1 change my name or assume an additional name without first notifying you before making such a change; (10) 1 fail to plant, cultivate and harvest crops in due season if I am a producer of crops; (11) any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. REMEDIES - If I am in default on this note you have, but are not limited to, the following remedies: (1) You may demand immediate payment of all I owe you under this note (principal, accrued unpaid interest and other accrued unpaid charges). (2) You may set off this debt against any right I have to the payment of money from you, subject to the terms of the "SET-OFF" paragraph herein. (3) You may demand security, additional security, or additional parties to be obligated to pay this note as a condition for not using any other remedy. (4) You may refuse to make advances to me or allow purchases on credit by me. (5) You may use any remedy you have under state or federal law. (6) You may make use of any remedy given to you in any agreement securing this note. By selecting any one or more of these remedies you do not give up your right to use later any other remedy. By waiving your right to declare an event to be a default, you do not waive your right to consider later the event a default if it continues or happens again. COLLECTION COSTS AND ATTORNEY'S FEES - I agree to pay all costs of collection, replevin or any other or similar type of cost if I am in default. In addition, if you hire an attorney to collect this note, I also agree to pay any fee you incur with such attorney plus court costs (except where prohibited by law). To the extent permitted by the United States Bankruptcy Code, I also agree to pay the reasonable attorney's fees and costs you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. WAIVER - I give up my rights (to the extent permitted by law) to require you to do certain things. 1 will not require you to: (1) demand payment of amounts due (presentment); (2) obtain official certification of nonpayment (protest); or (3) give notice that amounts due have not been paid (notice of dishonor). I waive any defenses I have based on suretyship or impairment of collateral. even iA soTIONS Nelse E asE alo agreed to understand that pay it (byi for u exmpleh signing this form or a separate guarantee or endorsement). You may sue me alone, or anyone else who is obligated on this note, or any number of us together, to collect this note. You may without notice release any party to this agreement without releasing any other party. If you give up any of your rights, with or without notice, it will not affect my duty to pay this note. Any extension of new credit to any of us, or renewal of this note by all or less than all of us will not release me from my duty to pay it. (Of course, you are entitled to only one payment in full.) I agree that you may at your option extend this note or the debt represented by this note, or any portion of the note or debt, from time to time without limit or notice and for any term without affecting my liability for payment of the note. I will not assign my obligation under this agreement without your prior written approval. FINANCIAL INFORMATION - I agree to provide you, upon request, any financial statement or information you may deem necessary. I warrant that the financial statements and information I provide to you are or will be accurate, correct and complete. VERIFICATION Paul B. Zwally states subject to the penalties of 18 Pa C.S.Section 4904 relating to unsworn falsification to authorities, that he is the Executive Vice President for the Plaintiff in this matter, that he is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading is true and correct to the best of his/her knowledge, information and belief. Paul B. Zwally Executive Vice President HALIFAX NATIONAL BANK A DIVISION OF RIVERVIEW NATIONAL: BANK Plaintiff VS. JACKSON MECHANICALS, INC. Defendant To JACKSON MECHANICALS, INC. COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. // '10 1 CIVIL ACTION - LAW You are hereby notified that on SEPT. 9, 2011, the following judgment has been entered against you in the above captioned case. CONFESSED JUDGMENT (BY COMPLAINT FOR CONFESSION OF JUDGMENT) IN THE AMOUNT OF $217,438.95 LUS INTEREST PLUS COSTS OF SUIT THEREON DATE: SEPT. 9, 2011 ro a &WW I hereby certify that the name and address of the proper person/s to receive this notice under Pa. R. Civ. P. 236 is/are: JACKSON MECHANICALS, INC. 29 RADAM ST. ENOLA, PA 17025 COURT OF COMMONS PLEAS A DIVISION. CUMBERLAND COUNTY' PENNSYLVANIA HALIFAX NATIONAL BANK' OF RIVE RVIEW NATIONAL BANK `' Ny "j plaintiff ?? _ 7?1 q O: y rn-n NO • : =? r" "gym vs . _ ACTION "-Z --++? INC. CIVIL LAW r<- 3=> -o JACKSON MECHANICALS' a? Z it? Defendant x' z Ca CERTIFICATE OF SERVICE e Street, Suite #5' Feld, Esquire, of 1309 Bridg day of I, Arthur M. 1172, certify that on the Confession of erland, PA 17070- of the Complaint for Regular by New Comb I serVed a Copy Mechanicals, Inc- September 2011, Jackson Enola, PA 17025• Judgment, to the Defendant, Radam St. Mail, postage prepaid t to o 2 29 9 DATE: _- Arthur M. Feld . 07172 Attorney I.D. No 1309 Bridge St.Ste. 5 Cumberland, PA 17070-1172 (7New17) 770_0292 Attorney for Plaintiff