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HomeMy WebLinkAbout12-0973METTE, 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 C1 r.,, Cc C rn W 'Z7f- .c c1 ? - yc u?z .. cn ` -c 0*1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 1a - 973 IV 0 Term JAMES C. BYERLY and DIANE D. BYERLY, Defendants 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 Attorneys' Commission (10%)*: $96,726.38 4Qp.0o Pp +17 r+! e,* 104088 aj# x7/010 No4iCE? "d 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, Heather Z. Kelly, squire 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 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) hzkelly2mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. JAMES C. BYERLY and DIANE D. BYERLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. ?a - ?73 0', Vi I 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 James C. Byerly and Diane D. Byerly are adult individuals who resides at 1749 Olmstead Way, Camp Hill, Cumberland County, Pennsylvania, 17011. 551259v1 3. Non-party Charles R. Davis is an adult individual who resides at 19 Tuscany Court, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. Non-party Karen S. Davis is an adult individual who resides at 19 Tuscany Court, Camp Hill, Cumberland County, Pennsylvania, 17011 (together with Charles R. Davis, the "Davis"). 5. On June 9, 2009, Defendants, together with the Davis', 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. Defendants' payment and performance obligations 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 Defendants 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 12th 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, Heather Z. Kell , 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 author' Robertson, Vice-President A et ecovery Manager, Metro Bank J f/k/a Commerce Bank/Harrisburg, N.A. Dated: /? ?J/? 1 1 1 \ J -e., ",\ PROMISSORY NOTE Principal Loan Date 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, rle a rider: COMMERCE BANKIHARRISBURG 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 Principal Amount: $755,000.00 Initial Rate: 5.750% Date of Note: June 9, 2008 PROMISE TO PAY. James C. Byerly, Diane D. Byerly, Charles R. Davis and Karen S. Davis ("Borrower") jointly and severally promise to pay to COMMERCE BANK/HARRISBURG N.A. .F'Lender"}, or order; in ;lawful: money of the United States of America, the principal amount of Seven Hundred Fifty-five Thousand & 00/100 Dollars (8755,000.00) 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 same 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 is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Nate is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each daily. Borrower understands that Lender may make loans based on other rates as well. The Indet 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 an 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 ("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 (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law,,declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) 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 line 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. Lender may, but need not, require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either: IA) 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)' alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. 1 t 3 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 ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER 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 (Seal) Diane D. Byerly Iseal) Kare Davis L"EM PW Lam. % Vim. 5.?OD.000 Cap. -d Fnr.ald Saa -. - I-. 1001. M PN&, DNYad. - PA 6:1UMMDULPC M21 M-19 DISCLOSURE FOR CONFESSION OF JUDGMENT' Principal Loan Date 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: James C. Byerly 1749 Olmstead Way Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS 9 DAY OF cl(.rLz- , 20 051, 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 I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST E FESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: 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 IT BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: :-:: n%z C. AFTER AVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT AT APPLIES, I 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. uP,ll P L-V. Va. 6. 0.00003 CM.. N Fh" W 5aMom, R . 107, 700. M Vf hw P., . . PA 2:1CFftKj O.PC 111.2007 Plbl{ DISCLOSURE FOR CONFESSION OF JUDGMENT Principal Loan Date Maturity Loan No Can / Coll Account Officer Initials $755,000.00 06-09-2008 06-09-2009 3649395 2172 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 n• • 11 n 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 1717) 975-5630 Declarant: Diane D. Byerly 1749 Olmstead Way Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS 9 DAY OF , j? rtJ2. , 20!99E? 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 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, 1 REPRESENT THAT: INITIALS ?MA- 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. 1 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 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: X r `ISeal) Diane D. Byerly LA111111 Pn0 lwllna Vr. !. W.OO.OW Cep. M.1w? An?e,l 11w0sn.. Inc 111117. 1008. AI FAON 11 & • OA 11:1CFftKW110.FC ln4iw 7 min DISCLOSURE FOR CONFESSION OF JUDGMENT Principal Loan Date 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 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 17171 975-5630 Declarant: Charles R. Davis 19 Tuscany Court Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF 20k d /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 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. ': INITIALS: z??•:. ` ??,-,;;r,+- 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 1S 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 =1 " 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 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) Charles R. Davis USER PRO lwM,. VW. S. W.0MM CW. -6W FWm" 6,4,ft , Sm. I957. MM. M SISAb R-S, . PA S:ICPAIRIOSO.PC I&MM MIS DISCLOSURE FOR CONFESSION OF JUDGMENT Principal Loan Date 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 (7171 975-5630 Declarant: Karen S. Davis 19 Tuscany Court Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS Q ft'- DAY OF J^--41 , 20 , 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, 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 C NFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: 1.1 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 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: 's'r •, C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, 1 REPRESENT THAT: INITIALS Ky? 1. 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 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: 0 en S. Davis L"ER MM \?N..Y. Vim. 0.M.00.0011 4' M. XrM"tl Fi.rrY sMtlsn,. ?M. 1M7. 300E N My,,, Rl - -PA SAOM L\ )MM 1 =07 MFI4 CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Cali I Coil Account Officer Initials $755,000.00 06-09.2008 09=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. Byarly. Diane D. Byeriy, 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 1888) 937-0004 Principal Amount: $755,000.00 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 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(a). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligationts), 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 non4gning 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 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. RnRRAWFR- X X X (Seal) Diane yerly X I l U/1.fit1> r (Sea" Karen S. Davis tA09" ft t.nONO. V.. L,0.00.= CON. Hr AWWW 0U00- W. 1097.7009. MI IWM ".Y,ws. - M WF1KnA30C.FC MUM I".1{ CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No call I coil Account Offlcer Initials $755,000.00 06-09-20aa 01-09.20'!0 3649395 2112 Rolaronces In the boxes above we for Lander's use ontyaml do not INnil the aPp1=111ty of Ihis documont to any particular ban or item. "w has boon amiped pile to teal t inglh grNletlons. Any hem above containing. Borrower: James C. Byery, Diana 0. Byarly, Clwrtos It. Davis Lender: METRO BANK cad Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1740 OBnstoad Way 3801 PAXTON STREET Camp HID, PA 17011 HARRISBURG, PA 17111 (808) 937-0004 Principal Amount $755,000,00 bate of Agreement: November 20, 2009 DESCRIPTION OF CHANGE IN TERMS. Thu maturity date for the above-referenced ban Is hereby extended from September 9, 2009 to January 9, 2010. CONTINUING VALIDITY. Except as oxprossy changed by this Agreement, the terms of the original obligation or obligations, Including all agniamanis evidenced or securing the ob8gatlon(s), rsntokn unchanged and be lull fora and 011601. Consent by Lender to IN% Agreement does not waive Lenders right to strict performance of ho sbligalbn(s) as changed, nor obligate tender io make any future change In lawns. Nothing In Its Agreement will eons8lule a sailsfacllon of the ablrgalion(s). H Is Ilia Intertlon of Lendar to'relaln as liable parties all makers and endorser: of thwarigbtalobligallon(s), including accommodation pumas, unless a party is uspreasly released by Lender in writing. Any maker or endorsor. induding.secommodation makers, will not be released by virtue of IN% Agraamont. If any, person who signed Ilia original obligation does not sign this Agreement below, than all persons spring below acknowledge that rids Agreement Is given candl0onally, baserd on the representation to Lander lhol the nor?stgrtng party contents to the changes and provislons.ol this Agreement or otherwise will not be rekeesed by it. This waiver applies not only to any Inllsl extension. modification or release. bLA also to all such subsequent actions. REFERENCE TO LENDER. This Change In Terms Agreement is being made by Make Bank formerly known as Commerce Bank I Harrisburg. NA CONFESSION OF JUDGMENT. BORROWER. HEREBY IRREVOCABLY AUTHOPJZES 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 'PHIS 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 ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BANJIHCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FNE .HUNDRED DOLLARS (360D) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY: AND FOR 80 DOING, THIS NOTE OR ACOPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAI IST BORROWER SHALL NOT BE EXHAUSTED BY AW 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 JUDewHr AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS OONFESSION OF JUDGMENr PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL, THIS AGREEMENT IS GIVEN UNDER "At. AND rT 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. I BORROWER* ----- soap x / (seal) V arty 0 tuna yorly x Paso x .A:t_ I50all C artus Davis )t mS. Da'vit, WAN\V I-.Y., VM \NGai W tiy.l liiw.,Ww ?- ww i\n/ M-???wwr N tYIM1\q\t IC RANI w1 w CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Can I con Account Officer Initials $755,0011,00 06-09-2008 03-09-2010 3649395 2112 References in the boxes above are for Lander's use only and da not trhill the applicability or this document in any particular lean or item Any hentzbove containing "' ? •" has boon omlaed duo to text length IlmitoUons. Borrower: James C. Byorly, Diane O. Byorty, Charles R. Davis Lender: METRO BANK and Karen S. Davis COMMERCIAL BUSINESS DEPARTMENT 1749 Ohnslaad Way 3901 PAXTON STREET Camp HUL PA 17011 HARRISBURG, PA 17111 1808) 937-0004 Principal Amount: $755,000.00 Date of Agreement: December 28, 2009 DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-referenced ban is hereby extended from January g, 2010 to March S. 2010. CONTINUING VALIOrTY. Except as expressly changed by ihrs Agreement, %a terns of the original obligation or obligations, Including ad ogreamenls evidenced or -securing the obilgallan(s). remain unchanged and in full force and effect. Consent by Lander to this Agreement does not waive Lenders right to sift performance of the obligation(s) as changed, nor obligate Lander to make any Itrlum change In terms. Nothing in this Ageamenl will constaute a satisfaction of the obligation(s). It Is the Intention of Lender to retain as liable parties an makers and endorsers of the original obliliogon(s). Iradudng aecanriodallon pmUes, unless a porgy Is expressly released by Lender In writing. Any maker or ondorser. Including accommodation makers, will not be released by vidue of this Agreement, jr any parson who signed Use original obligulwn does not sign this Agreement below, Ilion oil persons Agning below ncknowledgo that this Agreement Is given candillonally, based on the representation to Lander dial the non signing party consent'; to the changes and provisions of this Agreement or otherwise will not be released by It. This walver apples not only to any milial extension, mediricalion or release, but also to sit such subsequent actions. REFERENCE TO LENDER. This Change In Terms Agreement Is 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 TQae FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED. CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE EM1RE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST. LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATEPAL SECURING THIS NOTE. TOGETHER WITH COS76 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 (SSW) ON WHICH. JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR 50 DOING. THIS NOTE OR A COPY OF THIS NOTE VERIF`= BY AFFIDAVIT SHALL BE SUFFK*NT 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 DWTF_ BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNEMON WITH ANY SUCH. CONFESSION OF JUDGMENT AND STATES THAT EITHER A RBPRESEIiTATNE 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 15 INTENDED THAT THIS AGREEMENT 15 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTMMENT ACCORDING TO LAW. PRIOR TO SIGNING THUS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS or THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. BORROWER X (Seat) X ° - J eyerly I?B ya?C ?? Jl.5? (Seal) X ?s `(See)) C autos It Davis Karp S, "V IS tMM..O.N.1 a. f.rpnt t.r w... «.,i M'r. ?: •rls t.,, u,yww..:.... n n•nnn•rrr .ww car CHANGE IN TERMS AGREEMENT Principal $755,000.00 Loan Date 06-09-2008 Maturity 06-09-2010 Loan No 3649395 Can I Col Account officer 2112 Initials References in the boxes above are for Lender's use only and do not limn 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. Byarly, 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 17019 HARRISBURG, PA 17111 (888) 937-0004 Principal Amount: $755,000.00 Date of Agreement: March 1, 2010 DESCRIPTION OF EXISTING INDEBTEDNESS. Refer to the Promissory Note dated June 9, 2008 and the Change In Terns Agreements dated May 28, 2009, November 20, 2009 and December 28, 2009. DESCRIPTION OF COLLATERAL. Refer to the Security Documents dated June 9, 2008. DESCRIPTION OF CHANGE M TERMS. The maturity dale 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 detailed in the Variable Interest Rate paragraph below. PAYMENT. Borrower will pay tNs loan In one payment of all outstanding principal Oka all accrued unpstd interest on June 9, 2010. In addition, Borrower will pay regular monthly payments of all accrued unpaid IM6rest due o of each payment date, beginning April 9, 2010, with all subsequent interest payments to be due on the some day of each month after thaL VARIABLE INTEREST RATE. The Interest rate on this loan is subject to change from time to time based on charges in an Independent index which is the Prime Rate as published In the Money. Role Section of the Well Street Journal (the "Index'. The Index Is not necessarily ft. lowest rate charged by Lander on Its bans, If the Index becomes unaval able. during ItK" term of this loan, Lender.may designate a substitute index after notifying Borrower. Lander will tell Borrower the current index rote upon Borrower's request. The Interest rate change. will not occur more often than each daily. Borrower understands that Leader may make loans based on other rates as well. The Index currently Is 3.260% per annum. Interesl an foe unpaid principal balance of this loan will be calculated as described In the "INTEREST CALCULATION METHOD" paragraph using a rate of 0,750 percentage points over the Index, adjusted if necessery for arty minimum and maximum rate limitations described below, resulting In an Initial rate of 5.500% per annum lased on a year of 380 days NOTICE: Under no circumstances will the interest rate on this loan be kiss then 5.500% per annum or, more than the rrmk*mtm veto allowed by applicable law. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 385/360 basis; that is, by applying the ratlo of the Interest rata over a year of 360 days, multiplied by the outstanding., principal balance,.muMpffed by the seW number of days the principal balance Is outstanding. All interest payable under No lope Is, computed using thls methoti.. ThisIcalculation method results In a higher effective Interest rate then the numeric interest rate stated In the loan docurnenla. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the or gha.l 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 salisfecdon of the obligation(s). It is the intention of Lender to retain as If" parties all makers and endorsers of the original obnpalton(s). Inckrding 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 an persons signing below acknowledge that this Agreement is given conditionally, based an the representation to Lender that the non-signing party consents to the changes and provlslons 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 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 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 OFTEN PERCENT (10%) OF THE UNPAID. PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT. LESS THAN FIVE HUNDRED:DOL:LARS ($600) 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, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. x G/ 13821) Diane 0.Bri - ly x ? 1}Seal) Karen S. -Davis ufrnnw,.uwr vw en vro?•:w .wwr...re..a.rwrwl.mu arirMn. ¦.r...w •?s ¦?crryww7nc rC V:wr rn» CHANGE IN TERMS AGREEMENT 'Principal Loan Date Maturity Loan No call t Con Account Officer Initials $754,748.33 06-09-2008 07-09-20101 3649395 2112 References in the boxes above are for Lender's use onlg and do not limit the applicablltly of this document to any particular loan or item. Any item above containing """" has been omitted due to text length limitations. Borrower: James C. Byarly, Diane D. Byerly, Charles R. Davis Lender: METRO BANK and Karen S. Davis COMMERCIAL, BUSINESS DEPARTMENT 1749 Obtutasd Way 3801 PAXTON STREET Camp Hill, PA 17011 HARRISBURG, PA 17111 (888) 937-0004 Principal Amount: $754,748.33 Date of Agreement: June 17, 2010 DESCRIPTION OF CHANGE W TERMS. The maturity date for the above-referenced loan Is hereby extended from June 9, 2010 to July B, 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 evldencad 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 abligallon(s) as changed, nor obligate Lender to make arty future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). R Is the Intention of Lender to retain as liable parties all makers and endorsers of the original obligs"si, Including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, Imclndkg 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 an persons signing below acknowledge that this Agreement is given conditionally, based on the representallon to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise win not be released by it. This waiver aM ea not only to any initial extension, modification or release, but also to all such sdmseWent actions. REFERENCE TO LENDER. This Change in Terms Agreementis being .made by Matra Hank 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 TINES 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 REPRESE=NTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO L)ORROWSMS ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THIS AGREEMENT IS. GIVEN UNDER SEAL AND rT 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 Diane 0. By rly (Seat) Duane D'?yely X (Sean KilS. Davis Lamm""" w $="g t Cyr n-,w r.w;+sda«,-? 1W 3110 mrawwaft- .PA S'M4M1=t1e miner urn CHANGE IN TERMS AGREEMENT Principal 1 Loan Date Maturity .Loan No. Calf IColl Account Officer Initlaia $754,748.33 06-09-2008 1 09.09-2010 .3648395 2112 References in the boxes above are for Lenders use only. and do not I&nil tlte.epyReabilky of Ifmis document tb any parHwlar loan or Item. " An item above contat:. . """" has been omitted due to text ftO limitations. Borrower: James M Bysrly, Dlane:D, Byerly, Charles R. Davis Lender. MI~TRO BANK and Karin S. Davis COMMtJtCIAL BUSINESS-:DEPARTMENT 1749 Olmstead Way 38011. PAXTON 81 - Camp Hilt, PA 17011 HAIiRISBUR% AA 17111 je88)`liF37.0004 Principal Amount $.754,748.33 D09 of ;Agreement: July 22, 2010 DESCRIPTION OF CHANGE IN TERMS. The maturity date for the abovetafereneed loan Is hereby extended from July 9, 2010 to August 9, 20.1.0. This Change in Terms Agreement is deemed to have. been effective as of July 9, 2010. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original'obligaSon or obligations; including; all agreemenb evidenced or securing the obligation(s), remain unchanged and In full, force and effect. Consent by Lendor.tp this Agreement does not waive Lander's right to strict performance of the obggatton(s):as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement WIN constitute a satisfaction. of the obligation(s): it is the Intention of Lender to retain as liable parties allmakers and endorsers of the original cbBgetlon(s), including accommodation parties, unless a party is ertpressi.y released by Lender in writing. An maker or endorser, including accomrnodeft.inakers, Will not be released by virtue of Oft Agreement It any person who signed the briginat obligation does not sign this Agreement below, then a0 persons signing. below acknowledge that this Agreement is givers conditionally, based on. the represevitation to Lender that the norm Igning party consents to the changes and pmvMfom;.of.1hia Agreernant or otherwise.wtll not be released by it. This waiver applies not oniy'to.any initial extension, modification or:relesse, but also' to all such subsequent actions, REFERENCE TO LENDER. This Change in Terms Agreement is being made by Metro.Sank formerly known as Commerce Bank/ 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 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.IINTEREST,,LATE.CIIARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL. SECURD[6 THIS NOTE, TOGETHER WITH: COST$ OF SUIT, AND. AN ATTORNEYS COMMISSION OFTEN PERCENT (10%) OF THE UNPAID PRNCIPAL ;BALANCE AND ACCRIUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (S$00) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE E)=UFIONS MAY ISSUE IMMEDFA7i=LY; AND FOR SO DOING, THiS.NOTE..OR A COPY; OF THIS NOTE VET BY AFFIDAVIT SHALL Be SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO OONFESS 4061-4 LENT AGAINST. BORROWER SHALL: NOT' SE EXHAUSTED BY ANY EXERCISE :OF THAT AUTHORITY, BUT SHALL. CONTINUE FRo TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE. UNDER THIS NOTE.. BORROWER HEREBY W411056 ANY RIGHT 80RROVVER MAY 'HAVE: TO NOTICE OR TO. A HEARING IN CONNECTION WITH ANY SOCK CONFESSION OF JUDGMENT AND STATES THAT EITHER A `F0k0§Eki*k OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWERS 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. na yerly (Seal) Karen Davis IAM"A&WWb,.V-L@LJ0=1 Cdq. N?!/H'Y,d,l saatirdlL YL IUT. 3M A11%ftftWAL •M 11MMKI ICIC liipq MW CHANGE IN TERMS AGREEMENT Principal Loan Data Maturity Loan No Can I can Account Off eer Initials $754,748.33 1 06-09-2008 09-09-2010 3649395 2112 References in the boxes above are for Lender's use only end do not Iimil Ste ap 11=111ty 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 (885) 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 herby extended from August 9, 2010 to September 9, 2010. This Change in Terms Agreement is deemed to be effective as of August 9, 2010. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terns 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 lenders right to strict performance of the obpgatbn(s) as changed nor obligets Lender to make any future change In terms. Nothing In this Agreement will constitute a satisfaction of the obNgation(a). It is the Intention of Lender to retain as liable parties all makers and endorsers of the original.obligation(s), including accommodatkm 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 Otte Agreement. If imy person who signed the original obligation does not sign this Agreement below, then an persons signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non-s(gning party consents to the changes end provisions of this Agreement or otherwise will not be released by IL This walver applies not only to any initial extension, modHksation 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, NA. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND 5101POWER8. 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 CHARQE$ AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY. COLLATERAL $ECL"NG THIS NOTE. TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE, UNPAID PR NICIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT. SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNEcnoN WITH ANY SUCH CONFESSION OF JUDGMENT AND STATE$ 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 iS AND SHALL CONSTrrUTE 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 AGt?:1llW (Sean Diane 0. Hyffly X Kaat rvis ._ (Seel) we?nai.+v.v...taiaes? ua.«.rrir...ww..ti.numt AtNr?rs...a .M axrgnm?oeia twawor w?n CHANGE IN TERMS AGREEMENT Principal $754,748.33 Loan Date 106-09-2008 Maturity 11.09-2010 Loan No 3649395 can / Con Account Officer 2112 Initials 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 to text length limitations. Borrower: James C. Byeriy, Diane D. Byeriy, 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-referenced loan is hereby extended from September 9, 2010 to November 0, 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 0.75% shall be changed to a rate of interest faced 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 in 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 6.7500/6 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 6.760% 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 an 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 teens of the original obligation or obligations, Including all agreements evidenced or securing the obllgation(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 ($600) 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. Df1DDe%w=D. X , 1?rz.t.U1 ,u (Seal) Diane . Byerly x ":' (Seal) ftVhM. Davis L%=r LwWW*. Va. Od7.10AM1 GM. NrYnt M1?roY7WONw. FiF IW7, 7010. Mfdoft w.N. .N10.1CFNRW=K 111i0W7 FW10 CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $749,939.98 06-09-2008 12-09-2010 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 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: 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. Th Is Change In Terms 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 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 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) Diane . Byerly X Alft - 7. / t; Seal) Karen S. Davis N FW Ly, V". 090 10.00] COOT. Np Fns i COb. tie 1007, 0010. N F"8 w . M 5. C MPLOO30 M 1F•3MOT M-U \W CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Call / Con Account Officer Initials $749,939.98 1 06-09-2008 .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 -"" 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 obligatton(s), remain unchanged and in full force and affect. 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 endorser: 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 an persons signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non4igning 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 ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO. A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THIS AGREEMENT IS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. X A JL'Xt '(0- •!a-? 4 _ (Seal) . Dane D. Byerly X.1.i? ?a (Seal) Karen Davis L 4= PRO L.IM . VN. SM IO.Wi' C.W. 11M N ft..W 50O- p IW7. MW MN" M.~. - PA S:ICPRV==.K 1R.i6R01 -I$ CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Cal / Coll Account Officer Initials $747,592.65 06-09-2008 02.09-20'11 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. Byedy, Diane D. Byerty, 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: $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 Terms 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), 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 treble parties all makers and endorsers of the original obligation(s), Including accommodation parties, unless a party Is expressly released by Lender in wriling. 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 apples 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 1 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 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 AGiAES TO THE TERMS OF THE AGREEMENT. 'J can S ? (Baal) x /'-7 (Sea!) War Diane X /Ada- u.t W (Seal) Karen Davis WN?IIO{?.4 VV.0N.00100 p„clrb,l l.?aM O.hYlenl. NK 10l1. 3011 NWMNnw.a .??lKOYlVl6k TIWYOf 00.Y CHANGE IN TERMS AGREEMENT Principal 1 Loan Date Maturity Loan No Can / Con Account Officer Initials $745,087.04 06-09-2008 1 .03-09-2011 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 conlatnin " •"" has been. omitted due to.text le th limitations. Borrower: Jatnev?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: $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 obiigation(s), remain unchanged and in fun 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 terns. Nothing In this Agreement will constitute a satisfaction of the obilgalton(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 acwmmodatlon 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 ghmn 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 mode 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. ?a '-', Seal) R_? akY: ,.!Seat) Diane 0. Byerly kc .SSeal) .. (Seal) KererrS. Davis MUIPAGL"YY4. V., I-0*$= Cap•.In1,n?Iwui?I SVW.w, Y4. low, =11. mm" ft-"O. -PA sia" %Wjwrc 111mwwI PR.16 CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan. No can / Coll Account Officer Initials $743,199.31 06-.09-2000 04-09-2011 3649395 2112 References In the boxes above are for Lender's use only and do not limit the eppllcabillty of this document to any particular loan or Rem. ""-"" Any Item above containing has been ornitt due to text length 11mltetions. BOrrOWer: James C. Byarly, Diane D. Byarly, Charles R. Davis Londar METRO BANK and iCarenS. Davis COMMERCIALBUSIME95 DEPARTMENT 1749 Olmstead Way 3801 PAXTON STREET Camp Hill, PA 17011 HARRISBURG, PA 17111 (835) 937A004 Principal Amount: $743,199.31. Date_ of Agreement: March 15, 2011 DESCRIPTION OF CHANGE iN TERMS: The maludty date for the .above,refemnced loan Is hereby extended Cram March 9. 2011 to April 9, 2011. This Change In Tenn Agreement is deemed to be effective as of. Mardi 9, 2011. CONTINUING VALIDITY. Except as expremly changed by this Agreement, the terms of the original obligation or obligations, including aN agraemerda evidenced. or securing the obligation(s); remain unchanged and In fun' force and effect. Consent by Lauder to this Agreement does .not waive Lenders right to strict performance of the pbngatlon(s) as. charged: nor obUgate Lender Iq make any future change in terms, Nothing In this Agreement will constibAe a saUdfacthn of the obligation(s). It is the intention of Lander to retain as liable pones all makers and endorsers of the original obligation(s? 1nrAiding accommodailon parties, unless a party Is expmasy released by Lender in writing. Any maker or endorser, induding. arconanodaton mmkws, will not be rWoased by virtue of thW Agreement. H any penion who signed the orlgines obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement Is. given cgndnlonany, based on the representation to Lender that the non-signing party consents to the changes anti provisions of this Agreement or otherwise win not be released by IL This waiver applies not only to any initial extension, modirNWIon or release, but also to all such subsequent adtoris. 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 AGREES T14AT THE CONFESSION dF.JUDt3MENT CLAUSE: CONTAINED IN THE NOTE DATED JUNE Q. 2008. REMAINS IN FULL FORCE AND EFFECT AND LENDER'S RiGFITS THEREUNDER CONTINWE.WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. THE DISCLOSURE FOR CONFESSION OF JUDGMENT DATED JUNE 9. 2000 REMAINS IN FULL FORCE AND EFFECT AND 19 :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 rr 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 aORRowM READ AND UNDERSTOOD ALL THE PROVtS10NS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERNS OF THE AGREEMENT. _? I i eel) X Dlane D. By" X oat) iMMMMA6 n . Davis NUOtIW ?nif.{4w. tfitl OOT pR.IwiYd RN-eYSW( M. q?1.701i. ?u .,. .M r='MV30LM imam NLp CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $740,343.62 06-09-2008 05492011 36x9395 11992 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. Byeriy, Charles R. Davis Lender: Metro Bank and Karen S. Davis Commercial Business Department 1749 Olmstead Way 3801 Paxton Street Camp Hip, PA 17011 Harrisburg, PA 17111 (888) 9374004 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 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 effecL 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), WK*Wing 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 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 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 I-P"-09 AO 0? If 4U-? [Seal) Diane D. Byer y G-1 - X (Seal) Karen S. Davis UM "M Llftft W. IM 00= W. ft C Pirg11 S w M i IM. 7011 N WO 11x"0 • PA G=MR1MMM IR M M M,= 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. JAMES C. BYERLY and DIANE D. BYERLY, Defendants n ,tog WW -°} v xo w c , cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /01- Q?3 0, 1Vl ?etlyl Certificate of Address I hereby certify that the Defendants maintain a residential address at: James C. Byerly 1749 Olmstead Way Camp Hill, PA 17011 Date: February 13, 2012 Diane D. Byerly 1749 Olmstead Way Camp Hill, PA 17011 Respectfully submitted, 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 C) C-) C t ---t 'V M -n - .- r.? Z? rrl Co t/s is , t -G --4;n C) C) r- 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, Vk/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. JAMES C. BYERLY and DIANE D. BYERLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 101- 973 aivi l I-exM 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. James C. Byerly Diane D. Byerly 1749 Olmstead Way 1749 Olmstead Way Camp Hill, PA 17011 Camp Hill, PA 17011 Respectfully submitted, 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 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. JAMES C. BYERLY and DIANE D BYERLY, Defendants fT1 ' f r crs -- ! r" _? _... rq f0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. lob - 973 aivitTerm Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Rights TO: James C. Byerly 1749 Olmstead Way 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, acaA,:::j ? a ki'eAz- Ifeather 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 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) hzke1ly@mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff C'? G T?.a - 2M rn w -'or` zC ) - 37C- --? c n - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ; : DOCKET NO. 1 a - q73 al V1 ! /erpl JAMES C. BYERLY and DIANE D. BYERLY, Defendants Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Rights TO: Diane D. Byerly 1749 Olmstead Way 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, 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 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. JAMES C. BYERLY and DIANE D. BYERLY, Defendants Cl) f"l mco ? -n rn -7 +{ W ??yryry tTb C) 5:c: 1 CrN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 1A- 973 0, IV it 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: James C. Byerly 1749 Olmstead Way 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, 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) hzkellygmette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. JAMES C. BYERLY and DIANE D BYERLY, Defendants C -n ? -<p v' cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /a - 973 l:tVt Term 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: Diane D. Byerly 1749 Olmstead Way 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. § 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, 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) hzkellygmette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. JAMES C. BYERLY and DIANE D. BYERLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /oZ - Q73 0-'1vu-7Frm NOTICE OF ENTRY OF JUDGMENT TO: James C. Byerly 1749 Olmstead Way 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. P ono C.UWberland Co 2 SEAL Date y: 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 BANKIHARRISBURG, N.A. Plaintiff V. JAMES C. BYERLY and DIANE D BYERLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. la - 9ri3 l?r vi `Terr?1 Defendants NOTICE OF ENTRY OF JUDGMENT TO: Diane D. Byerly 1749 Olmstead Way 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. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy atttttr of cuniGrrt '114 =;'.cEs-; 1=1i PIRC 2012 MAP -1 PM 3* 42 Richard W Stewart Solicitor CIF t --r '-: -cRIG.F PENNSYx V0,11A Metro Bank vs. James C. Byerly (et al.) Case Number 2012-973 SHERIFF'S RETURN OF SERVICE 02/17/2012 08:19 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2012 at 2019 hours, he served a true copy of the within Complaint in Confession of Judgment, upon the within named defendant, to wit: James C. Byerly, by making known unto Diane Byerly, Wife of Defendant at 1749 Olmstead Way, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. f?? -?? TIM B CK, DEPUTY 02/17/2012 08:19 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2012 at 2019 hours, he served a true copy of the within Complaint in Confession of Judgment, upon the within named defendant, to wit: Diane D. Byerly, by making known unto herself personally, at 1749 Olmstead Way, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $59.00 February 23, 2012 TIM LACK, DEPUTY SO ANSWERS, a RON R ANDERSON, SHERIFF .c7 %qun`ySuita ShenrF. Tei2c.=,_?t?, f?c. PIED-OFFICE (')F ThT 1112 JUN 28 AM 8: 54 CUM?e? AND COUNTY PEARSYLVANIA 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. JAMES C. BYERLY and DIANE D. BYERLY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 12-973-Civil PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please mark the Judgment satisfied in the above-captioned action. Respectfully submitted, METTE, EVANS & WOODSIDE Date: June 22, 2012 Heather Z. Welly, Esqui e Sup. Ct. I.D. # 86291 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff y sir,'/ •dadwe?? 4 71 13/PY 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. Kel , Esquire 0 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 5568540