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HomeMy WebLinkAbout12-0968METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellykmette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. CHARLES R. DAVIS and KAREN S DAVIS, Defendants - n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 101- q(o 8 051 V ? (-Fe r M CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrants of attorney, the original or a copy of which is 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: $722,579.56 Interest through 1/31/12: $19,557.54 Late Charges through 1/31/12: $222,567.72 Satisfaction Fees: $101.00 Loan Extension Fees: $2,458.00` Pp A1T/ Attorneys' Commission G0%)*: $96,726.38 Ctf 10408'y TOTAL $1,063,990.20 * Only reasonable attorney's fees will be collected by the attorney. Interest at the per diem rate of $135.48, attorney fees and costs of this action continue to accrue. Respectfully submitted, (/LC/--& 'rI T /l Heather Z. Kelly,`Esquire I.D No. 86291 Appearing herein for Defendants Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Date: February 13, 2012 G ° -; cn ° 2 rn tTi 1 . t" -?- ?p c:3 d 2 p CD _ ?Z •• `A METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellyt,mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. CHARLES R. DAVIS and KAREN S. DAVIS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /a O vi ( Term COMPLAINT IN CONFESSION OF JUDGMENT NOW COMES, Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. ("Plaintiff'), by its attorneys files the following Complaint in Confession of Judgment: 1. Plaintiff is a Pennsylvania state chartered bank with an address at 3801 Paxton Street, Harrisburg, PA 17111. 2. Defendants Charles R. Davis and Karen S. Davis are adult individuals who reside at 19 Tuscany Court, Camp Hill, Cumberland County, Pennsylvania, 17011. 551261v1 3. Non-party James C. Byerly is an adult individual who resides at 1749 Olmstead Way, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. Non-party Diane D. Byerly is an adult individual who resides at 1749 Olmstead Way, Camp Hill, Cumberland County, Pennsylvania, 17011 (collectively with James C. Byerly the `Byerlys"). 5. On June 9, 2009, Defendants, together with the Byerlys, executed a Promissory Note in favor of Plaintiff in the original principal amount of Seven Hundred Fifty Five Thousand Dollars ($755,000.00), the terms of which were modified by fourteen Change in Terms Agreements, extending the maturity date, with the most recent Change in Terms Agreement dated April 18, 2011. True and correct copies of the Promissory Note (the "Note") and Change in Terms Agreements are attached hereto as Exhibit "A". 6. The payment and performance obligations under the Note are secured by a security interest in the amount of Four Hundred Thousand Dollars ($400,000.00) created by a June 9, 2008 Open-End Mortgage and Security Agreement executed by the Byerlys as Grantors and the Plaintiff as Lender and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania on June 10, 2008, as instrument number 200819437, relating to property known as 1749 Olmstead Way, Camp Hill, Pennsylvania, 17011. 7. Defendants payment and performance obligations are also secured by a security interest created by a June 9, 2008 Open-End Mortgage and Security Agreement executed by The Enfield Group, LP, a Pennsylvania Limited Liability Partnership (whose general partner is 2009 Enfield Group, LLC with Charles R. Davis, sole member and limited partners Charles R. Davis and James C. Byerly), as Grantor and the Plaintiff as Lender and recorded in the Office of the Records of Deeds for Cumberland County, Pennsylvania on June 10, 2008 as instrument number 200819436, relating to property known as 600 North 12'h Street, Lemoyne, Pennsylvania, 17043. 8. Defendants have defaulted under the Note by failing to make payments when due. 9. Defendants have failed to make payment upon demand. 10. The Note was executed in connection with a commercial transaction. 11. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 12. The Note has not been assigned. 13. Judgment has not been entered on the Note in any jurisdiction. 14. The warrants of attorney contained in the Note and Change in Terms Agreements are less than twenty (20) years old. 15. The entire remaining indebtedness evidenced by the Note is due and payable, and Defendants' total indebtedness to Plaintiff as of January 31, 2012 is $1,063,990.20 computed as follows: Principal: $722,579.56 Interest through 1/31/12: $19,557.54 Late Charges through 1/31/12: $222,567.72 Satisfaction Fees: $101.00 Loan Extension Fees: $2,458.00 Attorneys' Commission (10%)*: $96,726.38 TOTAL $1,063,990.20 * Only reasonable attorney's fees will be collected by the attorney. Interest at the per diem rate of $135.48, attorney fees and costs of this action continue to accrue. WHEREFORE, on the basis of the confession of judgment provisions contained in the Note and Change in Terms Agreements, Plaintiff demands judgment in its favor and against Defendants in the amount of $1,063,990.20, plus continuing interest at the per diem rate of $135.48, attorney's fees and costs. Respectfully submitted, t Heather Z. Kelly, squire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: February 13, 2012 VERIFICATION I, John T. Robertson, Vice President, Asset Recovery Manager, at Plaintiff Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., have read the foregoing Complaint in Confession of Judgment and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that I am authorized to execute this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. i J T. obertson, Vice-President AA et R covery Manager, Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Dated: k //? ????? \?( PROMISSORY NOTE Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials 5755,000.00 06-09-2008 06-09-2009 3649395 2112 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "' *" has been omitted due to text length limitations. Borrower: James C. Byerly, Diane D. Byerly, rle s nder: COMMERCE BANK/HARRISBURG N.A. and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way op 3801 PAXTON STREET Camp Hill, PA 17011 HARRISBURG, PA 17111 (717) 975-5630 Principal Amount: $755,000.00 Initial Rate: 5.750% Date of Note: June 9, 2008 PROMISE TO PAY. James C. Byely, Diane D. Byerly, Charles R. Davis and Karen S. Davis 1"Borrower") jointly and severally promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lander'(; of order; In :lawful: money of the- United States of America, the principal amount of Seven Hundred Fifty-five Thousand & 001100 Dollars ($755,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this ban in one payment of all outstanding principal plus all accrued unpaid interest on June 9, 2009. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning July 9, 2008, with all subsequent interest payments to be due on the some day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note )s computed on a 3651360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this ban, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each daily. Borrower understands that Lender may make loans based on other rates as well. The Inde)t currently Is 5.000% per annum. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 0.750 percentage points over the Index, resulting in an initial rate of 5.750% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any-of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes 'payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed' or delivered to: COMMERCE BANK/HARRISBURG N.A., LOAN SERVICING, PO BOX 4999 HARRISBURG, PA 17111-0999. LATE CHARGE. If a payment is 10 days or more late. Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 4.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default 1"Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture. Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.. PROMISSORY NOTE Loan No: 3649395 (Continued) Page 2 Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 05) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, .declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES. EXPENSES. Lender may hire or pay someone also to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law; Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated June 9, 2008, to Lender on real property described as "Real Property located at 1749 Olmstead Way, Camp Hill, PA 17011" and located in Cumberland County, Commonwealth of Pennsylvania. (B) a Mortgage dated June 9, 2008, to Lender on real property described as "Real Property located at 600 North 12th Street, Lemoyne, PA 17043" and located in Cumberland County, Commonwealth of Pennsylvania. LINE OF CREDIT. This Note evidences a straight fine of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Advances under this Note, as well as directions for payment from Borrower's accounts, may be requested orally or in writing by Borrower or by an authorized person. Lander may, but need not, require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party(ies) involved in. the loan transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan which was incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten (10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default under the Loan. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about June 3, 2008. Upon breach of any term of condition therein Lender shall have the right to declare this loan in default and demand payment in full of the principal balance remaining unpaid, together with all interest, which shall have accrued thereon. . SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANKIHARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) after, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone: All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. 3 S PROMISSORY NOTE Loan No: 3649395 (Continued) Page 3 CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND 'IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. X : (Seaq .40 via-fr Diane D. Byerly X ?E:'-+yiA ?li.f (Seal) Kared S. av As L&"P AO L-.i Yom. L? =0W CYO. WIwA ri. SM.'M k- 1M, ] M py,w Ilw.wil. -PA i1CFlOR102 lC ill MW Mll DISCLOSURE FOR CONFESSION OF JUDGMENT' Principal Loan Date Maturity Loan No Call I Coll Account Officer Initials $755,000.00 06-09-2008 06-09-2009 3649395 2112 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "•••" has been omitted due to text length limitations. Borrower: James C. Byeriy, Diane D. Byerly, Charles R. Davis Lender: COMMERCE BANK/HARRISBURG N.A. and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way 3801 PAXTON STREET Camp Hill, PA 17011 HARRISBURG, PA 17111 (717) 975-5630 Declarant: James C. Byeriy 1749 Olmstead Way Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS R DAY OF J I-Lp-- , 20 691, A PROMISSORY NOTE FOR $755,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST E FESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: ?_. .r B. 1 FORTH UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PER BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS:` C. AFTER AVING READ AND DETERMINED W141CH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT HAT APPLIES, 1 REPRESENT THAT: INITI 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. LAR",AO LM01% W. 6AQOLLR7 C, . Hb fb W %Wdm ba 1197, MS. M IYMb %l . • PA SACrALKIM&,C TW25M MIS DISCLOSURE FOR CONFESSION OF JUDGMENT Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $755,000.00 1 06-09-2008 06-09-2009 3649395 2112 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "' • •" has been omitted due to text length limitations. Borrower: James C. Byerly, Diane D. Byerly, Charles R. Davis Lender: COMMERCE BANK/HARRISBURG N.A, and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way 3801 PAXTON STREET Camp Hill, PA 17011 HARRISBURG, PA 17111 (717) 975-5630 Declarant: Diane D. Byerly 1749 Olmstead Way Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS 9 DAY OF Jt stQ_. , 2091? A PROMISSORY NOTE FOR $755,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS"` B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL•LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS M LA 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WIT14 THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: Xs;:. lSeaq Diane D. Byerly LUN „10 L & v.. l.a CR0D1 Cap. M.r," R,rw iw+?.a Ma /ls7, f0o< M FAA- r--" • "A fA AMPLIOM C IWIEW M ,* DISCLOSURE FOR CONFESSION OF JUDGMENT Principal Loan Date Maturity Loan No Call I Coll Account Officer Initials $755,000.00 06-09-2008 06-09-2009 3649395 2112 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "' •'" has been omitted due to tent length limitations. BoriOWer: James C. Byerly, Diane D. Byerly, Charles R. Davis and Karen S. Davis 1749 Olmstead Way Camp Hill, PA 17011 Lender: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL BUSINESS DEPARTMENT 3801 PAXTON STREET HARRISBURG, PA 17111 (717) 975-5630 Declarant: Charles R. Davis 19 Tuscany Court Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS DAY OF 20 A PROMISSORY NOTE FOR 4755,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE; BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO- CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING. TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEEZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C, AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS =? " I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT, AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND .IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: :....:::. <(Seap Charles R. Davis LASER PM LwMR, V . S"RA0.003 e"r,. 1 Iw+ ftm"W R"YA,"", M. IM. ROL M Ry"" R-"r. • PA 11MMA Mwaro rnuim MIS DISCLOSURE FOR CONFESSION OF JUDGMENT Principal 1 Loan Date 1 Maturity Loan No call / Coll Account Officer Initials $755,000.00 06-09-2008 06-09-2009 3649395 2112 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""•" has been omitted due to text length limitations. Borrower: James C. Byerly, Diane D. Byerly, Charles.R. Davis and Karen S. Davis 1749 Olmstead Way Camp Hill, PA 17011 Lender: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL BUSINESS DEPARTMENT 3801 PAXTON STREET HARRISBURG; PA 17111 (717) 975-5630 Declarant: Karen S. Davis 19 Tuscany Court Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS Q fto- DAY OF e7? .20 , A PROMISSORY NOTE FOR $755,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME B CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: MOO ;B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WANING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: t"'•' C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, 1 REPRESENT THAT: INITIALS KLS? 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000: THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X; Seal a en S. Davis LAM PM LM4 " w. M&C400 Can. H hM Mwdr Se%", 1" 1"7. MO. M no. w....,. . ?A L-Wft W=_.C 747"0 WIS CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Call / Cali Account Officer Initials $755,000.00 06-09-2008 09=09-2009 3649395 T 1 2112 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any part:icular.loen or stern. Any item above containing ""•" has been omitted due to text length limitations. Borrower: James C. Byerly, Diane D. Byerly, Charles R. Davis Lender: COMMERCE BANKIHARRISBURG and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way 3801 PAXTON STREET Camp Hill. PA 17011 HARRISBURG, PA 17111 (888) 937-0004 Principal Amount: 5755,000.00 Initial Rate: 4.000% Date of Agreement: May 28, 2009 DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-referenced loan is hereby extended from June 9, 2009 to September 9, 2009. CONTINUING VALIDITY. Except as expressly. changed by this. Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and affect. Consent by Lander to this Agreement does not waive Lender's right to strict performance of the abligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute 9 satisfaotlon of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligationlsl, including accommodation parties, unless a party Is expressly released by Lender in writing. Any maker or endorser, including.accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lander that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not .only to any initial extension, modification or release, but also to all such subsequent actions. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALLCONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. nnnanwcw. X (Seal) Diana yerly X (Seal) Karen S. Davis LASER IRO WAq. w. L,CALM C.P. ftWd fiYMW 10d- 0". 1107.2.10. 4 RISM, 14A".w. . PIA OnVIANA020MM 71422107 III.IO CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan NO Call i Coll Account Officer initials $755,000.00 08-09-200 01-09-2090 3849395 2112 Rofurencas In the boxes above are for Lande?'9 vac onl end do irol !boil Ihn appacabBly of Imls does r t o t rty partkulor ban or M. "' Any item. obovo e:o rIIn has boon sallied pvo fo last fenglh.IknBagons. Borrower: James C. Byarly, Diana D. Byarly, Charles R. Davis Lender; METRO BANK and Kann 8; Davis COMMERCIAL RUSWE33 DEPARTMENT 1740 Olmstead Way 38111 PAXTON STREET Camp Hill, PA 17011 HARRISBURG, PA 17111 (809) 937.0004 Principal Amouft $755,000.00 Date of Agreement: November 20, 2009 DESCRIPTION OR CHANGE IN TERMS. Thu moturlty date for the obovo raferonmxd loan is hereby extended from Soptomber 8, 4008 to January 9, 2010. CONTINUING VALIDITY. Except as oxpmttmq changed by this Agreement, the terms of the. edgirrat obligation or obligations, Including ad ograemenis evidenced or aaemuing the oblgsllon(a),.mmain unchu gedand h futforee and effect! Consent by Latuidr to IN% Agreement does not wehre Lendor a night to sttiet performance of Bm obligeiba(s) as changed, nor obligate Lsndtr In, make any future change in larms. Nothing In this Agreement will constitute a w afectlon or the abagaiort(s). II Is Ira Intention of Lender 10'rulahl as liable parties all makers and endorsers of thwaripknal obligsilan(s), pmdtrding acrxxnmodotlmm portioc, udkaa o party is expressly ralbawd by Condor In writing, Any maker or :mhulor. Mcluding.accommodallon-makers, vela not to released by viand of this Agreement. if any person wlno signed Ilia original obligatlon dons not sign Oft Agrammeni below, then oil persons algniog below acknowledge that ibis Agreement Is given cprxflUwwlly, based on tho represeniaaon to Leader that The mat-slgning party consents to go changes orb provfslam.of Ids Agreement or otharwlse will not be refeased by Rh. This waiver applies not only to any btabri extenslont, rnodakallon or release. -but also to all such subsequent actions, REFERENCE TO LENDER. Tlds Change In Tams Agreement ls being made by Move Bank formerly known as Commorco Bank / Horrlsburg. NA CONFESSION OF JUDGMENT. BORROWER. HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK. OF ANY. COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. TO APPEAR AT ANY TiME FOR BORROWER AFTER A DEFAULT UNDER 7WS WM AND WITH OR WITHOUT COMPLANT FLED. CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE.ENTIRE PRWCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY. LENDER RELATMJG TO ANY COLLATERAL SECURING THIS NOTE. TOGETHER WITH COSTS OF SUIT. AND AN ATTORNEY'S, COMMISSION OF TEN PERCENT (10%) OF TINE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT W ANY EVENT NOT LESS THAN FIVE .HUNORW DOLLARS (s540) ON WHICH Juwww OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR ACOPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFRCKNT WARRANT. THE AUTRCIRITY GRANTED W THIS NGTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ARMY EXERCISE OF THAT AUTHORITY BUT SHALL CONTINUE FROM TIME TO TWE AND AT ALL. TIMER UNTIL PAYMENT N FULL OF ALL AMOUNTS DUE UNDER THIS NOTE BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING N CONNECTION itYrrH ANY SIXTH CONPESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THIS AGREEMENT 15 GIVEN.-UNDER SEAL AND IT IS INTENDED THAT THIS A13REi:MENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSRtUMENT ACCORDWG TO LAW: PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS of THE AGREEMENT. BOMOWE 2aw oaij x pall , Orly Diane ys OL X sseQ x 660jr().?LC? /t 150211 "Charles Oav a KWVn'S. Davis ,/.i1.IlA,-.r-I,q. ?NROq fr a,.wliw.?WLw, w rwr 7'rM wYl,..,-rw.Y n fYrMMiirL tRw.at w, w CHANGE IN TERMS AGREEMENT Principal Loon Date Maturity Loan No can 1 cod Account Officer Initials $755,000,00 06-09-2008 03-09-2010 3549395 2112 References in the loses obovo we for Lander s use only m,d do not brill the appNCabEily of this docwnenl to any partkuldr Juan w item Any nem.above rnntelning °•" has baorr.omht duo to text lon h Iknit.IZna. Borrower: Jsmas C. Byway, Diane 0. Byarly, Charles R. Davis Lendar: METRO BANK and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Ohmslead Way 3001 PAXTON STREET Camp HK PA 17011 HARRISBURG, PA 17111 1884) 037-0009 Principal Amount: $755,000.00 Data of Agreement: December 28, 2009 DESCRIPTION OF CHANGE IN TERMS. The maturity data for the dbove-raferencod ban in hereby extended from January B, 2010 to March S. 2010. CONTINUING VALIDITY. Except as expressly, changed by ibis Agreement, the lanes of the original obligation or obligations, Including on agreements evldanced or,soctxing the obligalton(s). remain unchanged and in fun force and effect. Consent by Leader to this Agreement does not wahre Landal's right to suit perfomaanee of Use obligullm(s) as changed, nor obligate Lander to make any future change In Iwme. Naming in M Agmamehl will conslNuls a saddaction of Oise obligation(s). If Is she intention of Lander to retain as tiabla p*floo at makers and andorsers of the original ob8gaton(s). Including accomriodstion parties, unless a party b expressly released by Lander In writing. Any maker or ando. r, including accommodation makers, win not be released by viAve of Ibls Agreement. Ir any, purson who signed Use original obligation does not sign this Aoroomsml? balaw, then ell parsons signing below acknowledge awl this Agreement is given conditionally, based on ft representation to Lender that the non-signing party consents; to the changes and provisions this Agreement' or otherwise win not be released by IL This weWar applies not only to any mgial extension, mosiftalian or release, bui also to all such subsequent actions. REFERENCE TO LENDER This Change In Terms Agreement 4 being made by Metro Bank formerly known as Commerce Bank I Harrisburg. NA CONFESSION OF JUDGMENT, BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA.-OR ELSEWHERE. TO APPEAR AT ANY 711.11E FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WrTH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR 171E ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST. LATE CHARGES AND ANY AND ALL AMOUNTS EXPENBED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL, SECURING THIS POTS, TOGETHER WITH COSTS 06 SUIT, AND AN ATTORNEY'S COMMISSiCIN OF TEN PERCENT (10X) OF THE UNPAID PRINCIPAL BALANCE AM ACCRUED INTEREST FOR COLLECTION, mn IN ANY EVENT MOT LESS THAN FINE RuNoRED DOLLARS (3800) ON WHICH. JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY: AND FOR 50 DOING, THIS NOTE OR A COPY OF THIS NOTE VERFM BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGNENr AGAINST BORROWER SHALL NOT BE EXHAUBTEE) BY ANY E MWM OF THAT AUTHORITY. BUT SMALL CONTINUE FROM TINE TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER INS NOTE. BORROWER HEREBY WANES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN C.ONNE;amw YWTH ANY am. CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRE?NTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORRWW9 R'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT L90M COUNSEL THiS. AGREEMENT IS GNEN UNDER .At. AND R is INTENDED THAT THIS AGREEMENT is AND SHALL CONSTITUTE AND HAVE THE EFFECT OP A SEALED INSTRUMENT ACCORDING TO UAW. PRIOR 70 SIGNING. THIS AGREEMF,NT. EACH BORROWER READ ANO UNDERSTOOD ALL THE PROVISIONS pF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. BORROWER; X (Seal) X . / F/111/?t it-+/U1L . (/?1A.?A/ ?JScon J e?yarty Dihns ywly 0 ?- X?` ?5ael X .r (Sent) C orlss R Dav s KaroiT5. Davish...". t- ++.•.-....M'.w L: Mh. Ter uy„p.t... w1`p r,.,y?f 1-,Y ?L.,I My CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Can 1 Coll Account Officer Initials $755,000,00 06-09-2005 06-09-2010 3649395 2112 References. in the boxes above are for Lender's use only and do not Omit the-applicability of this document to any particular loan or item. An item above containing has been omitted due to text length limitations. Borrower: James C. Byerly, Diane D. Byerly, Charles R. Davis Lender.. METRO BANK and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way 3801 PAXTON STREET Camp Hill, PA 17011 HARRISBURG, PA 17111 (888) 937-0064 Principal Amount: $755,000.00 Date of Agreement: March 1, 2010 DESCRIPTION OF EXISTING INDEBTEDNESS. Refer to the Promissory Note dated June 9, 2005 and the Change In Terms Agreements dated May 28, 2009, November 20, 2009 and December 28, 2009. DESCRIPTION OF COLLATERAL Refer to the.8ecurlty Documents dated June 9, 2008, DESCRIPTION OF CHANGE M TERMS. The maturity date for the above-referenced loan is hereby extended from March 9. 2010 to June 9, 2010. An interest rate floor In .the amount of 5.50% will be added to this loan as detalied in the Variable Interest Rate paragraph below. PAYMENT. Borrower will pay this loan In one payment of all outstanding principal Pita all accrued unpaid Interest on June 9, 2010. In addillon, Borrower will pay mghdar monthly payments of all accrued unpaid iaterast due as of each payment date, beginning April 9, 2010, with all subs"uent Interest payments to be due on the. same day of each month after VOL VARIABLE INTEREST RATE. The Interest rate on Oils loan Is sub)ett to change from Brae to time hosed on changes to an Independent index which le the Prime Rate as published in the Money Rats Section of the Wall Street Joumal (the "Index"). The Index Is not necessarily the. lowest rate charged by Lender on Its loerts. If the Index becomes urw aeabie.during tiu term of this loan, Landeurnay dedgmte a substitute index after notifying Borrower, Lander will tell Borrower the current Index rate upon Bomoweft request. The Interest rate charge will not occur more often than each dally. Borrower understands that Lander may make bans based on other rates as well The index currently Is 3,250% per annum. Interest on. the unpaid principal balance of itch loan will be calculated as described in Ore 'INTERES'T CALCULATION METHOD" paragraph using a rate of 0,760 percentage points over the Index, adpisted if necessary for any minimum and mexknum rate limitations described below, nesulllng In.an htidel rate of 5,500% per annum based an a year of 360 day9. NOTICE Under no circumstances will the Interest rate an this. loan be less then 6.500% per annum or, more Ihan•the ma*r un rote allowed by applicable law. INTEREST CALCULATION METHOD. Interest on this loan Is sompuled on a 165MO basis; that Is, -by app"M the ratio of the interest rate over a year of 380 days, multiplied by ft outstanding.princpai balance,.multipQed.by the actual numliaO. of days.the principal balance is outstanding. AN Interest payable under this loan In, oomputid using this aathod.. Tfds,aafeuleflon method results In a higher effehdlve.Intemst ralu thin the numeric Interest rate stated In the loan documents. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the lams of the original obligation or obligations, Including all agreements evidenced or securing the obligation(s), remain unchanged and in fug force and effect Cement by Lender to this Agreement does not waive Lender's right to Strict performance of the obligaton(s} as changed, nor obligate Lander to make any future change In terms. Nothing In this Agreement will constitute a satisfaction of the obligation(s). It Is Ihe'iniendon of lender to retain as' Ilabie parties an makers and endorsers of the original obllgallon(sy Intruding accommodation parties, unless a party is expressly released by Lander in writing. Any maker or endorser, including accommodation makens, will not be released by virtue of thie,Agreamen i. If any person who signed the. original obligation does not sign this Agreement below, Oran all persons signing below acknowledge that this Agreement Is given Conditionally. based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by It. This waiver applies not only to any initial extemdon, modification or release, but also to all such subsequent actions. REFERENCE TO LENDER. This Change In Terms Agreement is being made by Mello Bank formerly known as Comm . erce- Bank 1 Harrisburg, N.A. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF 1'HIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER REJ,ATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TW PERCENT110%) OF THE UNPAID. PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT. LEE THAN FIVE HUNDRED 'DOLLARS (SS00) ON WHICH JUDGMENT :t1R JUDGMENT..S ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPYOF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT' WARRANT. THE AUTHORITY GRANTED IN THIS. NOTK TO Comm JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERWE OF THAT AUTHOORMY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NONE, BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO.A HEARING MI CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION 'OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL CHANGE IN TERMS AGREEMENT Loan No: 3649395 (Con. hued) Page 2 THIS AGREEMENT 19 GIVEN' UNDER SEAL .AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND .HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. X LEry4.9r w""`° {Seal) X 6 QA14 J ISeal) Kxen S. avis {11fC11 Alr twlry `M 91. I N$ !.A. xrW I?w? iYYiu -MI. =10 1? ilyi.llww.? . H %V'.(/i,%W= IC 1117 1 -1t CHANGE IN TERMS AGREEMENT -prtncipal Loan Date Maturity Loan No Call I Coll Account Officer Ihitials. $754,748.33 06-09-2008 07-09-201 _ 3649395 2112 References in the boxes above are for Lender's use onik and do not limit the applicability of this document to any particular loan or hem. ' " has been omitted due to text length Imitations. Any ilem above containing ' " " Borrower: James C. Byedy, Diane D. Byedy, Charles R. Davis Lender. METRO. BANK and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way 3801 PAXTON STReU Camp Hill, PA 17011 HARRISBURG, PA 17111 (888) 937-0004 Principal Amount: $754,748.33 Date of Agreement: June 17, 2010 DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-referenced loan is hereby extended from Jame 9, 2010 to Jury 9, 2010. This Change In Terms Agreement is deemed to have been effective as of June 9, 2010. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements svidencad or securing the obligation(s); remain unchanged and In full force and affect. Consent by Lender to Inla Agreement does not waive Lender's right to strict performance of the obligallon(s) as changed, nor obligate Lender to make any future change In terms. Nothing in this Agreement will constitute s satisfaction of the obllgallon(s? I t'13 the. Intention of LwWor to retain as liable parties all makers and endomin of this original oblIgalion(s). Including accommodation parties, unless a party is expressly released by Lender In. writing. Any maker or endorser, Including accommodation makers, will not be released by vhhw of this Agreement, if any person who stirred that original obligation does not sign this Agreement below, than all persons sklydng below acknowledge that this Agreement is given ca?dNlonaly, based on the ropresenialton to Lender that the. non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial axlerikk n, modificatlon or release, but.also to all such subsequent actions. REFERENCE TO LENDER. This Barge in Terms Agreement is being made by Matro Bank formerly known as Commence Bank I Harrisburg, N4k CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS. OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRaNCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (Sboo) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY, AND FOIL; SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED. IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO Narim OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSIOW OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONKSGION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THIS AGREEMENT 15. GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT 13 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING, TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. X lane (seal) Diane 0. Bye d' X t .t?c7 v. (seal) Karerl S. Davis wunn,wr w ,irwaw a,. "wrrw.rrarrwa ?. ua "19 Y,yq"w .." .M a er,tnasere maser r". CHANGE IN TERMS AGREEMENT Principal 5754„748.33 Loan Date 06-09-2008 1 Maturity 06-09-201.0 .Loan No. .3649595 Can I Coll Account Officer 2112 Initials References In the bones above am for :Lender's use-only and do not limit Ihe.eppgeabiity of this document to linjr. particular loan pr.:liem. An item above containing ""' has been omitted due, to teirt 19N A limitations. Borrower James m bye.rty, otane:D. Byeriyl chades R. Davis Lender. METRO BANK and Karen S. Davis COMMERCIAL BUSiitE$ DEPARTMENT 1749 Olmstead Way =0 PmrrON sTfma Camp Hill, PA 17011 HARRISBURG, PA 17111 ?88B? !?37•Q004 Principal Amount. $754,748:33 Date of A grog ent. July 22, 2010 DESCRIPTION OF CHANGE IN TERMS. The maturity date. for the above-referenced loan is hereby extended from July 9, 2010 to August 9, 2010. This Change In Temps Agreement is deemed to have. been affective as of July 9, 2010, CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terns of the original obligation or obligations, including: an agreements evidenced or securing. the otiUgation(s). remain unchanged and In flip. force and effm;L Consent by Lender to thirAAgreement dose not waive Leader's right to-strict performance of the obggation(t):as changeii, no"r obligate Lender to make any future change In terms. Nothing In this Agreement Will consWe a satisfaction. of true obligallon(s): It is the Intentlon of Lender to retain as Aable parties alt makers and andorsers of the original obligation(s), Including accommodation parties, unless a party is expreseyi released by Lerrdar'ln writing. Any maker' or ondorsef, including accommodation.makers, will not be released by virtue of Oft AgrearnenL If any person who signed the original obligation does not sign this Agreement below, then, all persons signing below acknowledge that this Agreement is given conditionally, based on. the representation to Lender that the non-signing party consents to the changes and-,pmvislons. of.this.Agreement:or otherwisewtil not be released by 1L This waiver apples not only to any initial extension, modigeatlon onreleaaa; but aiso:to alt audt subsequent actions, REFERENCE TO LENDER. This Change In Terms Agreement is being made try Metro.0" formerly known as Commence Bank I Harrisburg. NA, CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHDRMS AND EMPOWERS. ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANFA, OR ELBEWHEM TO APPEAR AT ANY. TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT ,COMPLAINT FILED, CONFESS Offs` ENTER: JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCiiU90.INTEttE9T,.LATE.CHARdES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY NOER RELATING TO ANY COLLATERALIECURING THIS NOTE, TOWHER WITH: COSTS OF SUIT, AND. AN ATTORNEYS COMMISSION OFTEN PERCENT (109A)' OF THE UNPAID PRINCIPAL, BALANCE Alm-ACCRUED MTERESY FOR COLLECTION. IEUT IN. ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR ;N1081416ft ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; ANO' FOR SO DOING *iS.NOTE..00 A COPY- OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. • -THE AUTHORity GRANTED IN THIS RoTi Tb' CONFESS. JQ*0MENT AGAINST BORROWER SHALL NOT BE SXHAUSTED SY :ANY EXERCISE OF THAT AUTHORITY. BUT 4HALL GON-MUE FROM TIME 'FCC' TIME AND AT 'ALL T iuNTIL PAYMENT IN FIJI.L OF ALL AMOUNTS DUE.lINOER THI$ NOTt?.. BORROWS=R. HEREBY WAIaIGS AMY :RIGIiT 90lWEIt MAif HAVE TO 'NOTICE OR TO A HEARING 1N CONNECTION: WITH ANY SOW CONFESSION OF'JUDGMENT AN0 STATES TWAT EITHER A:R NTATIVE OF LENDER 'SPECIFICALLY CALLW INS CONFESSION OF JUDGMENT PROVISION. T?0 BORROWER/ ATTENTION OR BORROWER HAS BEEN REPRESENTED BY. INDEPS WE NT LEGAL COUNSEL. . THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS 'WTENDEO THAT THIS AGREEMENT 1S _AND . SHALL CONSTITUTE AND HAVE.. THE EFFECT OFA SEALED BISTRUMENT'ACCORDING.TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE. PROVISIONS OF THIS AGREEMENT. EACH. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. x. , Q ? : _ Iselin na .'ywv X` eel SS ) Ica. A5 Davis tAm11M t-?,. W.Lp.11A01 OIR L9 i 7Ab,\YS. W. MIL MXMNYWiIt .141 LLNIL?CR WiYV IILH ? CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Can I Can Account Officer Initials $754,748.33 0 . 3649395 2112 end do not Ilmil the applicabnlty of this document to any particular ban or item. References in the boxes above are for Lender's use only , Any Rem above containing. '" has been omitted due to text length Ilmitations. Borrower: James C. Byerly, Diane D. Byerly, Charles R. Davis Lender. METRO BANK and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way 3801 PAXTON STREET Camp Hin, PA 17011 HARRISBURG, PA 17111 (888) 937-0004 Principal Amount: $754,748.33 Date of Agreement: August 11, 2010 DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-referenced ban is hereby extended from August 9, 2010 to September 9, 2010. This Change In Terms Agreement Is deemed to be effective as of August 9, 201.0. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including an agreements evidenced or securing the obnga8on(s), remain unchanged and In full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obngatbn(s) as changed, nor obngab Lender to make any future change In terms. Nothing in this Agreement witi constitute a satisfaction of the o48gation(a). It Is the Intention of Lender to retain as liable parties all makers and endorsers of the original.obligallon(s). Including accorin, dation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by vhCue of ids AgnaemenL If any person who signed the original obligation does not sign this Agreement below, then an parsons signing below acknowledge thart this Agreement is given cmd 1liar4ly, based on the representation to Lander that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by IL This waiver applies not only to any Initial extension, modtRcedw or release, but also to an such subsequent actions. REFERENCE TO LENDER. This Change In Terms Agreement Is being made by Metro. Bank formady known as Commerce Bank I Harrisburg, NA. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS. ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT .ANY 71ME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITMUT COMPLAINT FILED; CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALLACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY. COLLATERAL $ECURING THIS NOTE, TOGETHSR WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT.(10%) OF THE, UNPAID PRINCIPAL BALANCE AND ACCRUEDINTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS .(5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR 80 DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES AW RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION' OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL THIS AGREEMENT IS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS AGREEMENT 1S AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER.READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. X (Sean Diane D. 3yerly, _4- (Seal) X Kafth 9. Davis LAMM ke WO.'II f=*OM 9w.0wAwjhw+M§Aftm&mfW.IML ANIVOMM" M S J&JgUWU* YIIiN1 FlNf CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Call I colt Account Officer Initials $754,748.33 06-09-2008 11-09-2010 3649395 2112 References in the boxes above are for Lenders use only and do not limit the applicability of this document to any particular loan or Item. An item above containing "**" has been omitted due to text length limitations. Borrower: James C. Byerly, Diane D. Byerly, Charles R. Davis Lender: METRO BANK and Karen S: Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way 3801 PAXTON STREET Camp Hill, PA 17011 HARRISBURG, PA 17111 (888) 937-0004 Principal Amount: $754,748.33 Date of Agreement: September 20, 2010 DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-referanced loan Is hereby extended from September 9, 2010 to November B, 2010. This Change In Terms Agreement is deemed to be effective as of September 9, 2010. Effective with the payment due September 9, 2010. the amortization of the Loan shall be changed from interest only monthly to principal and Interest payments amortized over fifteen (15) years. Payments as detailed below. Effective August 9, 2010 the variable Interest rate of Wall Street Journal Prime plus D.75% shall be changed to a rate of interest fixed at 6.75% through maturity. PAYMENT. Borrower will pay this loan In accordance with the following payment schedule, which calculates interest on the unpaid principal balances as described in the "INTEREST CALCULATION METHOD" paragraph using the Interest rates described to this paragraph: 2 monthly consecutive principal and interest payments of $6,720.39 each, beginning September 9, 2010, with interest calculated on the unpaid principal balances using an Interest rate of 6.750% per annum based on a year of 360 days; and one principal and interest payment of $754,285.80 on November 9, 2010, with interest calculated on the unpaid principal balances using an Interest rate of 6.750% per annum based on a year of 360 days. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled; the actual final payment will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts on this loan. INTEREST CALCULATION METHOD. Interest on this loan Is computed on a 3651360 basis; that Is, by applying the ratio of the Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. All interest payable under this ban Is computed using this method. This calculation method results In a higher effective interest rate than the numeric Interest rates stated in the loan documents. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including all agreements evidenced or securing the obligation(s), remain unchanged and In full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change In terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It Is the Intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender In writing. Any maker or endorser. Including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given. conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. REFERENCE TO LENDER. This Change In Terms Agreement Is being made by Metro Bank formerly known as Commerce Bank / Harrisburg, N.A. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL. SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL. BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL CHANGE IN TERMS AGREEMENT Loan No: 3649395 (Continued) Page 2 THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. x , (Seal) Dane . Byerly x?,7??r? r (seal) Ka Davis JAW FM L.WW& VM. S,D U MI CW. ".W*Nb.W lW b1 W. Mf. ZM. A NO& ft-W. .FA WCFXM W00.7C MUM MI-18 T. CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Call I Call Account Officer Initials $749,939.98 06-09-2008 12-09-2010 364.9395 2112 References in the boxes above are for Lander's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """"" has been omitted due to text length limitations. Borrower: James C. Byerly, Diane D. Byerly, Charles R. Davis Lender METRO BANK and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way 3801 PAXTON STREET Camp Hill, PA 17011 HARRISBURG, PA 17111 (888)-93-1-0004 Principal Amount: $749,939.98 Date of Agreement: November 22, 2010 DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-referenced ban Is hereby extended from November 9,. 2010 to December 9, 2010. This Change in Terns Agreement is deemed to be effective as of November 9, 2010. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It Is the Intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or andorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by It. This waiver applies not only to any Initial extension, modification or release, but also to all such subsequent actions. REFERENCE TO LENDER. This Change In Terms Agreement is being made by Metro Bank formerly known as Commerce Bank / Harrisburg, N.A. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL.NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY. BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. X Sean Diane D. Byerly X (Seal) Karen S. avis L"N rW LW'** w. eM ia.0= ate. N.or rwerx server. rc un, =". N Momfem . J . rA &CFftK==FC "4"" M-W v? CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Cali / Coll Account Officer Initials $749,939.98 1 06-09-2008 1 .01-09-2011 3649395 2112 References in the boxes above are for Lender's use only and do not limit the applicability of this document. to any particular loan or item. Any Item above. containing "I'- has been omitted due to text length limitations. Borrower: James C. Byerly, Diane D. Byerly, Charles R. Davis Lender: METRO BANK and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way 3801 PAXTON STREET Camp Hill, PA 17011 HARRISBURG, PA 17111 (888) 937-0004 Principal Amount: $749,939.98 Date of Agreement: December 2, 2010 DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-referenced loan is hereby extended from December 9, 2010 to January 9, 2011. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations. Including all agreements evidenced or securing the obligation(s),'remain unchanged and in full forte and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obllgadon(s) as changed., nor obligate Lender to make any future change In terms. Nothing in this Agreement will constitute n satisfaction of the obilgetion(s). It is the intention of Lender to retain as liable parties all makers end endorsers of the original ob8gadon(a), Including accommodation parties, unless.a party is expressly released by Lender in writing. Any maker or endorser; including accommodation makers, will not be released by virtue or this AgreemenL If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non4igninB party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. REFERENCE TO LENDER. This Change In Terms Agreement is being made by Metro Bank formerly known as Commerce Bank / Harrisburg, N.A. CONFESSION OF JUDGMENT. BORROWER 'HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. X L ?,CQ• .,?(, t 14 (Seal) Dane 0. Byerly X.litia (Seal) Karen s LAM PRO LOWM V". 0A340.003' CW. IMSMS" PFWY OMetw. *a 097. 3010. AN IN" R."..P0. • Ph $i~L=0C.FC TRiWW I0./0 CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No. Call / toll Account Officer Initials $747,592.65 06-09=2008 1 02-09-2911 3849395 2112 References in the boxes above are for Lenders use only and do not limit the sppllr iy of this document to any particular loan or item. Any Item above.containing has been omitted due to text length limitations. Borrower: James C. Byedy, Diane D. Byerly, Charles R. Davis Lender: METRO BANK and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1748 Olmstead Way 3801 PAXTON STREET Camp Hill; PA 17011 HARRISBURG, PA 17111 (888) 937.0004 Principal Amount: $747,592.65 Date of Agreement: January 24, 2011 DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-referenced loan is hereby extended from January 9, 2011 to February 9, 2011. The Change In To" Agreement Is deemed to be effective as of January 9, 2011. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), rernmin unchanged and in (u0 force and effecL Consent by Lender to this Agreement does not waive Lenders right to strict performance of the obligallon(s).as changed, nor obligate Lender to make any future change In terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It Is the Intention of Lender to retain as heists parties all makers and endorsers of the original obligaton(s). Including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, Including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by It. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent aptkms. REFERENCE TO LENDER This Change in Terms Agreement Is being made by Matto Bank formerly known as Commerce Bank I Harrisburg, N.A. CONFESSION OF JUDGMENT. BORROWER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE NOTE DATED JUNE 9, 2008, REMAINS IN FULL FORCE: AND EFFECT AND LENDER'S RIGHTS THEREUNDER .CONTINUE WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. THE DISCLOSURE FOR CONFESSION OF JUDGMENT DATED JUNE S. 2008 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. BOTH THE NOTE AND THE DISCLOSURE FOR CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT 1$ INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGlIEES TO THE TERMS OF THE AGREEMENT. Seal X /(Sean Diane aiyarly „??7 (Scat) X A4 I 'iX (Seal) Karen S. Davis Wil/{OMM4 YIL{Nd{101 iti. RNn,?f,wrW 7ii11wa 1"1{!7.'A/L NKM?N".sN .q {VR11107{CR TIFi{Mr ?IFL CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No hall I call Account Officer Initials $745,087.04 06-09-2008 D3-09-2011 3649395 2112. References in the boxes above are for Lender's use only and do not- limit the applicability of this document to any particular loan or item. An -item above containing "'••" has been. omitted due IQ text length limitations. Borrower: Jame.;C. Byerly, Diane D. Byerly, Charles R. Davis Lender: METRO BANK and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Olmstead Way 3801 PAXTON STREET Camp Hill, PA 17011 HARRISBURG 937-00, A 17111 Principal Amount: $745,087.04 Date of Agreement: February 8, 2011 DESCRIPTION OF CHANGE IN TERMS. The maturity dale for the above-referenced loan Is hereby extended from February 9, 2011 to March 9, 2011. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing In this Agreement will constitute a satisfactions of the oblgation(s). It is the intention of Lender to retain as Habit parties all makers and eadomrs of the original obligation(s). Including accommodation parties, unless a party is expressly released by Lender ih writing. Any maker or endorser, Including accommodation makers, will not be released by virtue of this Agreement. If arty 'person who. signed the original obligation does not sign this Agreement below, then all parsons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by It. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. REFERENCE TO LENDER. This Change in Temps Agreement is being made by Metro Bank formerly known as Commerce Bank / Harrisburg, N.A. CONFESSION OF JUDGMENT. BORROWER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE NOTE DATED JUNE 9, 2008, REMAINS IN FULL FORCE AND EFFECT AND LENDER'S RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. THE DISCLOSURE FOR CONFESSION OF JUDGMENT DATED JUNE 9, 2008 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. BOTH THE NOTE AND THE DISCLOSURE FOR CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. THIS. AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. ? r K (Seal) u - Sean ; =l arEY:ir;: ? Diane D. By" 47 9:?i`•:+t??Seel) )I'?? i1? ??V ??y??? M???+'..(Sean Krer7S. Davis L ., f CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan. No can 1001 Account Officer 1nitiais $743,199.31 06,09-2006. 04-09-2011 3649395 2142 References In the boxes above are for Lender's use anti do not limit 0% applicablIfly file. document to any particular loan or Item. d b itt d d l h ll " h as een om e ue to text angt Iim ons. o Any kern above contalning BorroWer. Jpmas_ C. Byerly, Diane D. Byerty, Charles It Davis Lender METRO BANK and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1745 Olmst"d Way 3801 PAXTON STREET Camp Rig, PA 17011 HARRISBURG, PA 17111 (888) 937`-0004 rIncipal Arnount: _$743,1:99.39 pate of Agreement: March 15, 2011 DESCRIPTION OF CHANGE IN TERMS. The maturity deto for the above-Wetencad loan Is hereby extended from Match 9, 2011 to April 9, 2011.. This Change in Terms Agreement is deemed to be effective as ef. Mardi 8, 2011. CONTINUING IfALiialfY. Except as rnrpressly.changed by this Agreement, gte terms of the original abtigatlon or obligations, Including an agreements evidenced. or securing the ablWon(s); remain unchanged and In full forte and eRecL Consent by. Lender le this Agreement dares .not waive Lender's right to *Wct performance of the gbligatlon(s) as. changed. nor ebltgate Lender 10, make -emir Mum chaiVe Into., . sNothing In this Agreement will consffiute a satisfaction of the obligation(s), it is the intention of Lender to .reW as liable pafflas all makers and endorsers of the original obIlga"eL Uw*xJirrg accommodation parties, unless it party Is w1preapy released by Lander In writing. Any maker or endorser, ipeludlrng, accowmiodation makers. win not be rell!apsd by vlrtua, of, this A9reernenb R any person who. signed the otigknal obligation does not sign this Agreement below, then all persons signing below adaoedge thail this Agreement It given txmdlpondy, based on the repnm6ntalkn to Lander that the non-signing party consents to the changes unit provisions of th'la Agreement of otherwise win not be released by IL This waiver applies not only.to ony initial extension, modification or release, but also to an such subsequent actions. REFERENC&TO LENDER. This Change In Terns Agreement Is being made by Metro Bank formerly known: es Commerce Bank I Harrisburg, N.A. CONFESSION OF.JLTDGMENT. BORROWER AGREES'TNAT THE CONFESSION dF.Jt1DwENr CLA413E:CONTAINEd M' ME NOTE DATER JUNE 9. 2008, REMAINS IN FULL FORCE AND EFFECT AND LENDER'S RtGHT$ THt7tmuisi R CONTIt WrTH THE .SIONIN OF THI3 CHANGE IN TERMS AGREEMENT. THE DISCLOSURE FOR CONFESSION OF JUDGMENT DATED .JUNE 9, 2M Rt]MNS IN FULL FORCE AND. EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. SOTH 'THE NOTE AND THE DISCLOSURE FOR CONFESSION OE JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. THIS AGREEMENT IS GIVEN .UNDER SFAL AND IT is INTENDED THAT THIS AGREEMENT IS AND SHALL CO.NSTfTM AND HAVE THE EFFECT OF A SEALED 1NSTFtum NT ACCORDING To LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH. SORROWER.AGRMS, TO THE TERNS OF THE AGREEMENT. i BesQ Dime D. By" cal) n : Datils u?mk,.o?w+?w.awaaoi ewr.,Kti/R.,r,s"_ M "V.mv muoftl ? •M gww+komm 1?+w «?u CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Call / Call Account_ Officer Initials $740,343.62 06-09-2008 05-09-20,11 364930 992 References In the boxes above. are for Lender's use only and do not limit the applicabllity of this document to any particular loan or item. Any Item above containing.'*" has been omitted due to text length limitations. Borrower: James C. Byerly, Diane D. Byeriy, Charles R. Davis Lender. Metro Bank and Karam S. Davis Commercial Business Department 1749 Olmstead Way 3801 Paxton Street Camp Hill, PA 17011 Harrisburg, PA 17111 (888) 937,0004 Principal Amount: $740,343.62 Date of Agreement: April 18, 2011 DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-referenced loan is hereby extended from April 9, 2011 to May 9,. 2011. This Change in Terms Agreement Is deemed to be effective as of April S. 2011. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including all agreements evidenced or securing the obligation(s), remain unchanged and In full farce and effect Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate tender to make any future change In terms: Nothing in this Agreement will constitute a satisfaction of the obligation(s). It Is the Intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, Including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below admowledge that this Agreement Is given conditionally, based on the representation to tender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release. but also to all such subsequent actions. REFERENCE TO LENDER. This Change In Terns Agreement Is being made by Metro Bank formerly known as Commerce Bank / Harrisburg, N.A. CONFESSION OF JUDGEMENT. BORROWER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE NOTE DATED JUNE 9, 2008, REMAINS IN. FULL FORCE AND EFFECT AND LENDER'S RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. THE DISCLOSURE FOR CONFESSION OF JUDGMENT DATED JUNE 9, 2008 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. BOTH THE NOTE AND THE DISCLOSURE FOR CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. THIS AGREEMENT IS GNEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT 15 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. X Zk _t1,4 • [Seal) Diane D. Bye y X .?',., iSeal) Boren 5. Davis Lu pw ado, w. am== Om. ft tiW ftwoo S mm La 00. mil N WM R-A -nt ao,anlma¢[C 1RS]la, Illia7 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. CHARLES R. DAVIS and KAREN S. DAVIS, Defendants r-• C rv ? °r; --? t'?1 -n 'r'1 r ; E f ST3 Cl - 4 R, =.-• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. la - 9&8 0-4-Vil learm Certificate of Address I hereby certify that the Defendants maintain a residential address at: Charles R. Davis 19 Tuscany Court Camp Hill, PA 17011 Date: February 13, 2012 Karen S. Davis 19 Tuscany Court Camp Hill, PA 17011 Respectfully submitted, Heather Z. Kelly, Esquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellygmette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. CHARLES R. DAVIS and KAREN S. DAVIS, Defendants C c _ W -, r- C 2> C-j C:) mo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - vw I Tr M DOCKET NO. /01 g1P8 AFFIDAVIT OF NON-MILITARY SERVICE I am the attorney for Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., and according to the best of my information and belief, the Defendants are adult individuals and are not in the United States Military Service. Charles R. Davis Karen S. Davis 19 Tuscany Court 19 Tuscany Court Camp Hill, PA 17011 Camp Hill, PA 17011 Respectfully submitted, Heather Z. Kelly, uire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: February 13, 2012 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. CHARLES R. DAVIS and KAREN S DAVIS, Defendants C") O M i. C17 y l? ? ? . 7.0 . s. . ? 2G ?\ 1 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 908 (1 vi l T w Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Risthts TO: Charles R. Davis 19 Tuscany Court Camp Hill, PA 17011 A judgment in the amount of $1,063,990.20 has been entered against you in favor of the plaintiff without any prior notice or hearing, based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Respectfully submitted, i Heather Z. Kelly, quire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: February 13, 2012 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. CHARLES R. DAVIS and KAREN S DAVIS, Defendants t'n z 0 r n oc - ; r' VrrI C) ..r I --4c:) t 'CCa -v ? -n ca-„ t ? 5C .. ?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. la - 1W 0,j v I l-TErM Notice Under Pa R.C.P. 2958.1 Of Judement And Execution Thereon Notice of Defendant's Rights TO: Karen S. Davis 19 Tuscany Court Camp Hill, PA 17011 A judgment in the amount of $1,063,990.20 has been entered against you in favor of the plaintiff without any prior notice or hearing, based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Respectfully submitted, ri Heather Z. Kelly, quire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: February 13, 2012 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellygmette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. CHARLES R. DAVIS and KAREN S. DAVIS, Defendants C-) N ?T ? % N r ! ?'r- = , CO -- ? ' CA r n G -p T?t'a Z-CD 3 C •• -.1 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /a - q(v8 0+V, NOTICE UNDER 42 Pa. C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: Charles R. Davis 19 Tuscany Court Camp Hill, PA 17011 Pursuant to 42 Pa.C.S.A. 273 you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 2737. 1, you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Respectfully submitted, Heather Z. Kelly, E quire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: February 13, 2012 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall besought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff C-) G s? --t rn'° an r= to r Z2 r O ° C D n c . I ?c1 mac :;-, ac C? 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. _ : DOCKET NO. G - W08 ?rVI 1 lerwr CHARLES R. DAVIS and KAREN S. DAVIS, Defendants NOTICE UNDER 42 Pa. C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: Karen S. Davis 19 Tuscany Court Camp Hill, PA 17011 Pursuant to 42 Pa.C.S.A. 2737.1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 273 you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Respectfully submitted, n Bather Z. Kelly, squire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: February 13, 2012 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellygmette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. CHARLES R. DAVIS and KAREN S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. la - 918 0'1Vi1-rF'r* DAVIS, Defendants NOTICE OF ENTRY OF JUDGMENT TO: Charles R. Davis 19 Tuscany Court Camp Hill, PA 17011 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $1,063,990.20 as provided in the Note referenced in the Complaint plus all continuing interest, attorney's fees and costs. ,111,4 Date ) 4, Proth otary if C land CountyA SEAL - " , ?w METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly(Z mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. CHARLES R. DAVIS and KAREN S DAVIS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. la- 9(05 NOTICE OF ENTRY OF JUDGMENT TO: Karen S. Davis 19 Tuscany Court Camp Hill, PA 17011 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $1,063,990.20 as provided in the Note referenced in the Complaint plus all continuing interest, attorney's fees and costs. Prothonotary of Cumberland unty A114 a SEAL Date y: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff???,? Jody S Smith `1219 -8 AM 8: 54 Chief Deputy Richard W Stewart t;t.;.j Solicitor _?_ ... FE-N , or f LV NI Metro Bank Case Number vs. 2012--968 Charles R. Davis (et al.) SHERIFF'S RETURN OF SERVICE 02/24/2012 07:48 PM - William Cline, Corporal, who being duly sworn according to law, states that on February 24, 2012 at 1948 hours, he served a true copy of the within Complaint in Confession of Judgment, upon the within named defendant, to wit: Karen S. Davis, by making known unto Charles Davis, Husband of Defendant at 19 Tuscany Court, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of 7sa WILL AM CLINE, DEPUTY 02124/2012 07:48 PM - William Cline, Corporal, who being duly sworn according to law, states that on February 24, 2012 at 1948 hours, he served a true copy of the within Complaint in Confession of Judgment, upon the within named defendant, to wit: Charles R. Davis, by making known unto himself personally, at 19 Tuscany Court, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time L handing to him personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY SHERIFF COST: $59.00 February 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF f"LED-OFFICE O Tk PROTHONOWRY 20P JUN 28 AM 8: 54 CUM AND COUNTY P YLVANIA Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@,,mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. CHARLES R. DAVIS and KAREN S DAVIS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 12-968-Civil PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please mark the Judgment satisfied in the above-captioned action. Respectfully submitted, METTE, EVANS & WOODSIDE r By: Heather Z. Kel , Esquire Sup. Ct. I.D. # 86291 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: June 22, 2012 Attorneys for Plaintiff 551149v1 fi 7-2 a ??' CERTIFICATE OF SERVICE I, Heather Z. Kelly, Esquire, an attorney with the law firm of Mette, Evans & Woodside, do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing PRAECIPE FOR SATISFACTION OF JUDGMENT, upon the following person, by hand-delivering the same: Jerry R. Duffle 301 Market Street Lemoyne, PA 17043 Heather Z. Kelly, squire Sup. Ct. I.D. # 86291 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Date: June 22, 2012 556854v1