HomeMy WebLinkAbout12-3237BARLEY SNYDER LLP
William C. Colby, Jr., Esquire
Court I.D. No. 46880
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
SUSQUEHANNA BANK, Successor by
Merger to GRAYSTONE BANK
Plaintiff
V.
STEVEN E. WESTHAFER
Attorney for Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION- LAW
Defendant I No. J R - 39 37
CONFESSION OF JUDGMENT
lV0
Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of
which is attached to the Complaint filed in this action, I appear for the Defendant and confess
judgment in favor of the Plaintiff and against the Defendant, as follows:
Principal Balance $ 59,831.75
Interest to and including 4/18/12 1,090.67
Late Fees 3,005.44
Other Charges 50.50
Attorneys' Fees 6,092.24
Total $ 70,070.60
Interest continues to accrue at the per diem rate of $8.72 from April 18, 2012, continuing
late fees, and costs of collection.
BARLEYS ER ?JP?
By: ---
William lb
Attorney or Plaintiff
ou?
356830 ?1"? ??
BARLEY SNYDER LLP
William C. Colby, Jr., Esquire
Court I.D. No. 46880
50 North Fifth Street. P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
Attorney for Plaintiff
SUSQUEHANNA BANK, Successor by
Merger to GRAYSTONE BANK
Plaintiff
V.
STEVEN E. WESTHAFER
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY.
PENNSYLVANIA
CIVIL ACTION - LAW
No. 1,? - 3a3.1 ? (R
COMPLAINT
CONFESSION OF JUDGMENT
I . The Plaintiff, Susquehanna Bank, Successor by Merger to Graystone Batik, is a banking
corporation maintaining an address of 1828 Good Hope Drive, Enola, PA 1.7025.
2. Westhafer Construction, Inc. (the "Defendant") is a Pennsylvania corporation with a
registered address of 71 Silver Crown Drive, Mechanicsburg, PA 17055.
3. On January 15, 2009, for value received, in connection with a commercial. and not a
consumer, transaction, Defendant and \Vesthafer Construction, Inc. executed to the order of, and
delivered to Plaintiff a certain Promissory Note ("Note") pursuant to which the Defendant promised to
pay to Plaintiff the principal amount of Sixty Thousand Dollars ($60,000.00), plus interest and late fees
thereon as therein provided (the "Note"). A true and correct copy of the Note is attached hereto, made a
part hereof, and marked as Exhibit "A." A true and correct copy of the Disclosure for Confession of
Judgment is attached hereto, made a part hereof, and marked as Exhibit "B".
356830-1
4. The Note was modified by a Change in Terms Agreement dated September 18,
2009, modifying various terms and condition of the Note as described in the Agreement; and
thereafter again modified by Change in Terms Agreements dated December 15, 2009, March 16,
2010. and June 25, 2010 (collectively, the "Agreements"). A true and correct copy of the
Agreements is attached hereto, made a part hereof, and marked as Exhibit "C". The Note and
Agreements are hereinafter collectively referred to as the "Note".
5. The Note has not been assigned and the Plaintiff is the owner of the Note.
6. This Court has subject matter jurisdiction over all causes of action under the Note.
7. The Defendant is in default because the Defendant has failed, refused, and
continues to fail and refuse to pay the monthly payments from January 15, 2012. and monthly
thereafter, due Plaintiff under and pursuant to the Note.
8. The Plaintiff has made a demand upon Defendant for payment under and pursuant
to the terms and conditions of the Note, which the Defendant has failed and refused to pay. A
true and correct copy of the demand is attached hereto, made a part hereof, and marked as
Exhibit ``D".
9. After a default under the terms and conditions of the Note, the Plaintiff may
accelerate the full balance due under the Note and declare the entire indebtedness immediately
due and payable to Plaintiff without further notice to the Defendant. Plaintiff exercises this
option.
10. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
11. Judgment has not been entered on the warrant of attorney contained in the Note in
any jurisdiction.
3-56830-I
1 2. An itemization of the amount due and owing to the Plaintiff by the Defendant
under the Note and Mortgage, as of April 18, 2012, is as follows:
Principal Balance $ 59,831.75
Interest to and including 4/18/12 1,090.67
Late Fees 3,005.44
Other Charges 50.50
Attorneys' Fees 6,092.24
Total $ 70,070.60
Interest continues to accrue at the per diem rate of $8.72 from April 18, 2012, plus
late fees, and costs of collection.
13. The warrant of attorney contained in the Note provides for the confession of
judgment against the Defendant for the entire principal balance owed under the Note, all accrued
interest, late charges, together with costs of suit and an attorney's commission of ten percent
(10%) of the unpaid principal balance and accrued interest.
WHEREFORE, Plaintiff, prays your Honorable Court to grant judgment in favor of the
Plaintiff and against the Defendant in the sum of Seventy Thousand Seventy Dollars and Sixty
Cents ($70,070.60), plus interest at the per diem rate of $8.72, from April 18, 2012, late fees, and
costs of collection.
BARLI,Y SNYI FR LISP
By:
illiam F. C by; Jr., _-
Attorneys for Plaintiff
3568350-1
PROMISSORY NOTE
Borrower: Westhafer Construction, Inc- Lender: GRAYSTONE BANK
Steven E. Westhafer Capital Region
71 Silver Crown Drive 112 Market Street
Mechanicsburg, PA 17055 Harrisburg, PA 17101
Principal Amount: $60,000.00 Date of Note: January 15, 2009
PROMISE TO PAY. Westhafer Construction, Inc.: and Steven E. Westhafer ("Borrower") jointly and severally promise to pay to GRAYSTONE
BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Sixty Thousand & 001100 Dollars
($60,000.00), together with interest on the unpaid principal balance from January 15, 2009, until paid in full.
PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance, with the following
payment schedule:
Borrower will pay this loan immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid interest
due as of each payment date, beginning February 15, 2009 with all subsequent interest payments to be due on the same day of each
month after that. From the date hereof until January 15, 2010, interest shall he fixed at 6.751A. Thereafter, the interest rate shall revert
to Graystone Bank's Prime Rate (as defined in Variable Interest Rate below) plus 2,00%.
Unless othcrwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; their to principal; then to
any fate charges, and then to any onpeid collection costs. 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 tin this Note is subject to change from time to time based on changes rri an index which is
l ender's f mire Rate (the "Index' 1. This is the rate lender charges, or would charge, on 90-day unsecured loans to the most creditworthy
corporate custorners, This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current
Index rate upon Borrower's request. The interest rate change will not occur snore often than each day. Borrower understands that Lender may
snake loans based on other rates as well. The interest: rate to be applied to file unpaid principal balance of this Note will be calculated as
described in the "INTEREST CALCULATION METHOD" paragraph rising a rate of 2.000 percentage points over the Index, NOTICE: Under no
circwnstances will the interest rata on this Note be less than 5.000% par annum or more than the 11 aximurn rate allowed by applicable law.
Wherever w,c reases occur hi the interest rate, Lender, at its option: may do one or more of the fulfow`my: (A) increase Borrower's payments tc
ensure Borrower's loan will pay off by its original final maturity date, (B) Increase Borrower's payments to cover acu;ruing interest, (C)
increase th'- number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final
payrrww.
INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651360 basis; that is, by applying the ratio of the interest rate
over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days file principal balance is
outstanding. All interest payable under this Note is computed using this method.
PREPAYMENT. Borrower may pay without penalty ali or a portion of the amount owed earlier than it is due. Early payments will not, unless
agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather,
early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender
payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without
using any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written
communications ;;oneeining disputed amounts, including any check or other payment instimnont that indicates that the payment constitutes
"payment in full" of the amount owed or that is tendered with other conditions or limitations or as lull satisfaction of a disputed amoLmt must be
mailed or aelivered to: GRAYSf ONL BANK, 112 Market Street flarrishurg, PA 17101.
LATE CHARGE. It a pay+nent is 20 days or more late. Borrower will be chawud 10.000% of the regularly scheduled payment or $250.00,
whichever is greater.
INTEREST AFTER OEFAULI. Upon default, including failure to pay upon final maturity, the interest rate on this (`fete shall be increased by
adding a 'r _000 uercentage point margin ("Default Rate Margin") the Default Rate Margin shall also apply to each succeeding interest rate
change t!tet world have applied had there been no defa-alt. If judgment is entered of connection with this Note, interest will continue to accrue
after the date of judgment at the rate in effect at the titrie judgment is entered. However, in no event will tho interest rate exneJd the maximum
interest rare Iirnitations under applicable law.
DEFAULT. Each of the foCowing shall constitute an event of default I"Event of Default") under this Note;
Payment Default. DOtION/er fails to make any payment when due under this Note.
Other Defaults. Borrower fails to cohiply with or to perform any other term, obligation, covenant or contrition contained in this Note or in
amy M 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.
False Statements. Any warranty, representation or statement made cr furnished to Lender by Borrower or on Borrower's behalf under this
Note or the related decUlnents 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.'
Insolueocy. l he dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower; the appointment of a
rocci,rer for any part of Borrower's property, any asslgnment for the benefit of creditors, any type of creel:tor workout, or the
romruencernent 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 proreeding, self-help,
rapocsession or any other method, by any creditor of Borrower or by any govemmental agency against any collateral securing the Iran.
This mc:hules a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this. Event of Default shalt
not cppl`f if there is a good tatth dispute by Borrower as to the validity or reasonableness of the claim which v; the basis of the creditor or
furfc?rurt: piut:eeding and it Borrower gives Lender written notice of the creditor or forfaiture proceeding and deposits with Lender monies or
a suety hcnrf for the creditor or forfeiture proceeding, in an :nnount determined by Lender, in its sole discretion, .;,s being an adequate
reserve ur hoard for the dispute.
Events Affecting Guarantor- Any of the preceding events occurs with respect to arty Guarantor of any of the indebtedness or any
Guaieintor ;lies of becomes incompetent, or rew:rkes or disputes the validity of, or liability under, any guaranty A the indebtedness
evidtncE+d by this Note. -
E3orro?r,,:r.
Chm ge In Ownership- Any change in ownership cf twenty-five percent (?590) or mare of the cown-ion stock of
EXHIBIT A
PROMISSORY NOTE
Loan No: 4-6816 (Continued) Wage 2
Adverse Change. A material adverse change occt;ts in Borrower's financial condition, or Lander believes ttie prospect of payment or
performance of this Note is impaired.
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 vvhhin the preceding twelve (12) months, it may he cured it Borrower, after receiving written notice from
Lender demanding cure of such default: it) cures the default within fifteen If 5) days; or (2) tf the cure requires mruo 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 in 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 i 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 it Borrower does not pay. Borrower will pay
Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' tees 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.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclahn brought by either Lender
or Borrower against the other.
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 Contrnonwealth of Pennsylvania without regard to its conflicts of law provisions. This Nate has been accepted by Lender in the
Commonwealth of Pennsylvania.
CHOICE OF VENUE. It there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the GOUrtc cat Dauphin County,
C,omnnanwealth c,' Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts virth 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 I,it,nr. However, this does riot include any IRA or Keogh accounts, or any trust accounts for which setoft v;uuld he prohibited by
la_w. Borrower ae horizes Lender, to the extent permitted by applicable law, to charge or setoft all sums owing on the indehwdness against any
accounts.
and all such
SECURITY. All collateral (as harain defined) is security for this Nate and any renewals, extensions and modifications thereoi, e d the payment,
Performance and discharge of all other present or future indebtedness, obligations and undertakings (whether irdivid:sal, bolt, several, direct,
contingent or otherwise) of the Borrower to or for the benefit of Lender, whether arising directly to ender under this Note or under any other
agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to the Lender. The term "Collateral"
Includes all tangible and intangible property III described in any mortgage, pladge, assignment nr other security document seU:Ua:ely executed in
favor of Lender, and (ii) in which a security interest has been granted to Lender pursuant to this Note,
CROSS COLLATERALIZEICROSS DEFAULT. This loan will be cross-collateralized/cress-defaultec) with cl other loans hnei Borrower, or any of
Borrower's related entities, to Lender. If at any time there is a default under ,his loan, all loans will be considered in default and all outstanding
amounts under the loans will he Immediately due and payable in f.d1- A default in one loan shall constitute a default it all wt,t:rs.
SUCCESSOR INTERESTS. The terms of this Note shall be bindin;f open Borrower, and upon Borrower's heirs, p;2rsoral representatives,
successors and assigns, and shall inwe to the benefit of Lender and its successors and assigns.
GENERAL PROVISIONS. If arty part of this Note cannot be enforced, this fact will not affect the rest of the Note. t_t;nfier may delay or forgo
enforcing any of its rights or remedies under this Note without [using them. Each Borrower understands and agrees that. vv,tn w without notice
to Rorrcwer. Lender may with respect to any other Borrower (a) make one or snore additional secured or unsecured loans or etharwvise extend
additional credit; (L,I alter, compromise, renew, extend, accelerate, or otherwise change one or rnora times the time for payment or other terms
of any indebtedness, including increases and decreases of the raie o. interest on the indebtedness; (c) exchange, enforce, Vaivn, subordinate,
fail or decide not to perfect, and release any security, with or without the suhstaution of new collateral; (d) apply stiCtl see,ii and direct the
order or manner Of sale thereof, including without limita-:ion, 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, er der` w;ih any one or more Of Rnrr.awer's suretios,
endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, whor, avid wI. r application of
payments and credits shall be made on any other indebtedness owing by such otter Borrower. Borrower and any other person who signs,
guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, acd notice of dishonor. Upon any
change in the terms of this Note, and unless otherwise expressly stated in writing, i party who signs this Nate, whether a5 maker, guarantor,
accuilLriodation maker or endorser, shall be released from lialtility. FUI such parties agree that Lender may renew or extend (repeatedly and for
any lemgdt of time) his loan or release any party or guarantor or collateral; or unli fail is realize upon or perfect Looter's sP6!r-,y interest in
the coilateral; and take any other action deemed necessary by Len&r without the consent of or notice to anyone. All stub parties also agree
that Lender may modify this loan wahout the consent of or notice -to anyone other than the party with whore the rnoditrcatlun Is made. The
obligations under this Note are joint and several. If any portion of tl is Note is for arty reason determined to he u^,e)fort.;eable, 1. will not affect
the eoforcU-dbilay of any other provisions of this Note.
CONFESSION CF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZE AND EMPOWERS ANY Al I UHNEY OR THE
PROI HONOTARY 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 WIMOUT COMPLAINT FII ED, CONFFS OR rNTFF. JUDGMENT
AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED IN I EREST, LA I E CHA!iGi AND ANY AND
ALl_ AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS
OF SUIT, Ali AN ATTORNEY'S COMMISSION OF TEN PERCEN T (101 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR
COU EC I I)r•1, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($5001 ON WHICI JUDGMENT Oil dI 11)6MLNI'S ONE OR
MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOIII THIS NOTE OR A COPY i THIS NOTE VErdI-!I- t H`I AFFIDAVrr SHALL
BE S'UFFtCIENI WA.HRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST- BOHR01^;cR ,HALL NOT BE
r XHAUS7LD BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CON 111401- FHONI TIME LO TIME AND Al A! I- TIM=E LINl1L PAYMFNT N
FUL- OF l1LL. AMOUNTS DUE UNDER THIS Ni BORROWER HEREBY WAIVES ANY RIGH1 BURHJWER MAY HAVI ii NO.ICE Olt TO A
HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REP,IE'SE dTATIVE OF LENDER
SPECIFICAt_LY C,'ALLED THIS CONFESSION OF JUDGMENT PROVISION fO BORROWER'S A] ILNHON OR BOHWCTNt:H HAS BFFN
Hi-PRESENTED BY INDEPENDFNT LEGAL. COUNSEL.
PROMISSORY NOTE
Loan No: 4-6816 (Continued) Page 3
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 I HIS 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.
BORROWER
WES EH CONSTRUCTION, INC.
By: (Seal)
Steven E. West afe . President Westhafer
Construction, Inc.
X ? --A k X4. (Seal)
Steven E. Westhafer, IndividuaHlr
LENDER:
GRA4rR. IlVi resid
ent
_ -C+6:,piow'ile?C:ilc Ylw:o FC ra-1550 PF-1
1ASlN Iwo L.i„ti-V-5.?2.W.101 C-.ii-"rl--kl611.1-', 1"' 165]. ]GJ9. I-". P--
DISCLOSURE FOE, CONF?:SSION OF JUDGMENT
Borrower: Westhater Construction, Inc. Lender: GRAYSTONE DANK
Steven E. Westhafer Capital Region
71 Silver Crown Drive 112 Market Street
Mechanicsburg, PA 17055 Harrisburg, PA 17101
Declarant: Steven E. Westhater
71 Silver Crown Drive
Mechanicsburg, PA 17055
- --------- -----
DISCLOSURE FOR CONFESSION OF JUDGMENT
AM EXECUTING, THIS _ DAY OF 'k 20 ?, A PROMISSORY NOTE FOR S60,000.00 OBLIGATING
ME TO REPAY THAT AMOUNT.
L?'
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESS] I 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.
B. I FURTHER UNDERSTAND THAT IN ADDITION I'D GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST N1E 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 01HERWIS£ 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.
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENT'S ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, 1 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. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN IHIS DISCLOSURE WERE FILL 1:1) IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AF THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IF IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING 1"0 LAW.
DECt"ANT;
i ?
? r
X r
_ (Seal)
Steven E. Westhafer
L.SEF 1A0 L-11', u, 5.-CO- C.- Ha111 Ph--.S=--'sec 189).:Ci.o. d, ;.-R--, -M SIP'?wlm?,C=n11,
EXHIBIT 9
CHANGE IN TERMS AGREEMENT
Borrower: Westhafer Construction, Inc. Lender: Graystone Bank, a Division of Graystone Tower Bank
Steven E. Westhafer Capital Region
71 Silver Crown Drive 112 Market Street
Mechanicsburg, PA 17055 Harrisburg, PA 17'101
Principal Arnount: $410,000.00 Date of Agreement: September 18, 2009
DESCRIPTION OF EXISTING INDEBTEDNESS. On January 15, 2009, Borrower executed and delivered to Lender a Promissory Mote In the
original Principal Amount of Sixty Thousand and 00/100 Dollars ($60,000,00) ("Note"). due on Demand.
DESCRIPTION OF CHANGE IN TERMS. Effective the date of this Agreement, Lender and Borrower have agreed to a temporary increase in the
Principal Amount of the Note to One Hundred Ten Thousand and 0011DO Dollars ($110,000.00) until November 2, 2009. On November 3,
2009, the Principal Amount of the Note will revert to Sixty Thousand and 00/100 Dollars ($60,000.00). Any principal amount outstanding in
excess of $60,000.00 will be immediately due and payable.
PROMISE '10 PAY. Westhafer Construction, Inc.; and Steven E. Westhafer ("Borrower") jointly and severally promise to pay to Graystone Bank,
a Division of Graystone Tourer Bank 1"Lender"), or order, In lawful money of the United States of America, the principal amount of One Hundred
Ten Thousand & 001100 Dollars ($110,000.00), together with interest on the unpaid principal balance from September 18, 2009, until paid in
full.
PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following
payment schedule:
Borrower will pay this loan immediately upon Lender's demand. Borrower will. pay regular monthly payments of all accrued unpaid interest
due as of each payment dale, beginning October 15, 2009 with all subsequent Interest payments to be due on the same day of each month
after that. From the date hereof until January 15, 2010, interest shall be fixed at 6.75%_ Thereafter, the interest rate shall revert to
Graystone Bank's Prime Rate (as defined in Variable Interest Rate below) plus 2.00%.
Unless otherwise agreed or required by applicable law, payments will he applied first to any accrued unpaid interest; then to principal; then to
any !ate charges; and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate In writing.
VARIABLE INTEREST RATE. -Fire interest rate on this loan is sublact to change from time to time based on changes in en index which is
Lendeic Prime Rate (111L "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured toans to the most creditworthy
corporate customers. This rate may or may not be the lowest rate avallable from Lender at any given time. Lender will tell Borrower the current
index rate upon Borrower's request. The interest rate change will not occur more oflon than each day, Borrower u Iderstands that Lender may
make Inans based on other ra!as as wall. Interest on the unpaid principal balance of this loan will be calculated as described in the "INTEREST
CAI-CUI ANION 111ETHOD" paragraph using a rate of 2.000 percentage points over the Index. NOTICE: Under no circumstances will the interest
rate on this loan be less than b.000% per annum or more than the maxlmurn rate allowed by applicable: law. Whenever increases occur in the
interest rate, Lender, at its option, may do one or more of the following: (A) Increase Borrower's payments to ensure Borrower's loan will pay
off by its origina' final maturity date, (R) increase Borrower's paymanls to cover accruing interest, (C) increase li-e nurnher of Borrower's
payments, and (D) continue Borrower's payments at tie same amount and increase Borrowur's final payment.
INTEREST CALCULATION METHOD. Interest on this loan Is computed on a 365/360 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 loan Is computed using this method.
PREPAYMENT. Borrower may pay without penally a1 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 obliqation to continue In, make payments under 'he payment schedule. Rather,
early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees nut lu send Lender
payments marked "paid in ful ", "wiLrout recourse", or similar language. If Borrower senGs such a payment, Lender ms:y accept it without
losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written
onmmunicatio ie concerning disputed arnounts, including any cheek or other payment icstrurnent that indicates that the payment constitutes
"payment In ftal" et the amount owed or that is tendered with other conditions or imitations or as full salisfactlon of n disp,i!ed amount must be
rnailed or deik,e-ed In_ uRAYSTONE TOWER LIANK, 112 Market Street Harrisburg, PA 17 101.
LATE CHARGE. If a payment is 20 days or more [ate, Burrower will be charged 10.000"0 of the regularly scheduled payment or $250.00,
whichever is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the Interest rate nn this loan shall bu Increased by adding
a 2.000 percentage point margin ("Default Rate Margin"). Th,e Default Rate Margin shall also apply to each succeeding Interest rate change teal
wouid have applied had there teen no default. If judgment is entered in connecllon with this Agreerent, interest will continua to accrue after
the date of judgment at 1116 rate in effect at the tima judgment is entered. However, in no event will the loteresl rate exceed ]he maximum
interest rate Ilmitallons under app;icable law. .
DEFAULT. Each of the following shall constitllrte an Event o' Default under this Agreement
Payment Default. Borrower fails to make any payment when die under the Indebtedness.
Other Defaults. Borrower fails to comply with or to perform any other term, o:)h9ation, covenant or condition contained in this Agreement
or in any of the Related Documents or to comply with or to perform any term, obligation, covenant Or condition contalned in any other
agreement betty,-en Lender and Borrower.
False Statements. Any warranty, representation or statement nude or furnished to Lender by Borrower or on Borrower's behalf under this
Agreement or the Related Docurnenls is false or misleading in any material respect, either row or 6, the time mace or itrmsned or becomes
lake or riisieading at any time lhareafter.
Insolvency. The dissolnti0n or teanination of Borrowers existence as it going business, the insolvency of Borrower, t -?e appointment of a
re(iAver `or any par' of eorrower's properly, any assignmen'. for the benefit of creditors, any type of crediloi workout, or the
cnmmencemen! of any pmceecling under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proreedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repessessior: or any other method, by any creditor of Borrower nr by any governmental agency against any collateral securing the
iebledness. This Includes a garnishment of anv of Borrower's accounts, including deposit accounts, with Lender. However, this Event
of Derain. shall riot apply if lh8re is a good faith dispute by Bo,-rower as to tho validity or reasonableness of the claim which is the basis of
ilea ..radr(,, cr forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with
EXHIBIT C
CHANGE IN TERMS AGREEMENT
Loan No: 4-6816 (Continued) Page 2
Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in is sole disrre1or, as be.'ng
an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to arty Guaranfcr of any of the Indehladcess or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of rune Indebtedness
evidenced by this Note.
Change In Ownership. Any, change to ownership of twenty-five percent (25%) or moro of the common stock of borrower.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect o.` payment or '
performance of the Indebtedness is impaired.
Cure Provisions. If any default, other than a default in payrnenl is curable and if Borrower has not been glven a notice of a breach of the
same provision of this Agreement within the preceding twelve (12) months, it nnay be cured if Borrower, after Lender sends written notice
to Borrower demanding core of such default: (t) cures the default within fifteen (15) days; or (2) If the cure requires more than fifteen
(1E) days, Immediately initiates steps which Lender ceerns in Lender's sole discrat!on to he suficlent 'o cure the default and thereafter
cor:tinues 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 ;aw, declare the entre Unpaid principal
balance under this Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that arnouw-
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someona else to help collect this Agreement It Borrower does nut pay. Borrower will
pay Lerner that amount. This includes, subject to any limits under applicable law, _ender's reasonable attorneys' fees and Lender's legal
expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (in(lUding efforts to
modify cr vacate any automatic stay or injunction), end appeals. If riot prohibited by appllcaole law, Borrower also trill aay any r,ourt coats, it)
addition to all other sums prcvided by law.
JURY WAIVER. Leader and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender
or Borrower against the other.
GOVERNING LAW. This Agreement 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 Agreement has been accepted by Lender in
the Commomvealtrf of Pennsylvania.
CIIOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's regaest to submil to tt)e jurisdiction of the go,irts r,;r Cac:phlr. County,
Commanweailh of Pennsylvania,
RIGHT OF Si -1 c the extent permitted by appficabla law, Lender reserves a right of setoff in all Borrowers aecov.lnts with Lender (whether
checking, savings, or some other account). This includes all amounts 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 account; for which setoff would he prohibited by
law. Borrower aulhorizes Lender, to the extant permitted by applicable law, to charge or setoff all sums awing on the Indebla.-Inpss against any
and all such accounts.
CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligalinns including all
agreements evidenced or securing the obligation(s), remain unchanged and in foil force and effect. Consent by Lender to This Agreement does
not waive Lenders right to strict performance of the ot-ligalion(s) as changed, nor obligate Lender to make any future change in terms. Notning
in this Agreement will constitute a satisfaction or the obligation(s). It is the intention of Lender to retain as Fable partic;s all makers anc
endorsers cf the original obligation(s), Including accommodation parties, unless a party Is expressly released by Lender in wridng. Any maker or
endorser, Including accomrnoda.tion makers, will not be released by virtue of this Agreement. It any person w1ru siyned the original ohllgation
dues not sigrn this Agreement below, then all persons signing below acknowledge that th s Agreement is Jiver conditionally, based on the,
representation to Lender 'hat the non-signing party consents to the changes and provisions of this Agreurnert or otherwise viii w;( he released
by it Tnis waiver applies not only to any initial extension, modification or release, but also to all such subsequent aetipns
SUCCESSOR INTERESTS. The terms o` this Agreement shall be binding upon Borrower, and upon Burrowei's poacrnal r' el- resen'alives,
successors and assigns, and shall be enforceable by Lender and its successors and assigns.
MISCELLANEOUS PROVISIONS. If any part of this Agreement cannot be enforced, this fact w'A not affect the rest of the A,;reerrrr.t. Lender
may delay or forgo enforcing a,)y of its rights or remedies under this Agreement without losing them. ach Borrower urdeistands and agrees
that, with or wlthogt notice to Borrower, Lender may with respect to any other Borrower (a) make one or more ad6ticnal Serned or unsecured
loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change ore m more tlrr.en the time
for payr :enl or other terms of any indebtedness, including increases and decreases of the rate of interest oii the indebtedness; (ci exchange,
enforce waive, subordinato, fail or dec'de not to perfect, and release any security, with cr nrithoul the Substitulion of new collate: a:; (d) apply
such seCUrty and direct the order or manner of sale thereof, including without limitatloh, any non judicial sale permittoc 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 Borrowar's sureties, endorsers, or other guarantors nn any terms or n any manner Lender may chooso; and (f) de':ermina how, when,
and what applicalion of payments and credits shall be made on any ether indabledriess owing by such oilier Borrower. Borrower and any other
Person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentnrrent, demand for payment, and notice
of dishonor, Upon acy change In the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs tnis
Agreement.. whether as maker, guarantor, arccmmodation maker or endorser, shall be released from liability. All such parties ;agree that Lender
may renea? or extend (repeatedly and for any length of time) this loan or release any party or guarantor Or collateral; or impair, fail to reah2e
upon o., perfect Lender's security interest in the collateral; and take any other action deemed necessary by : ender viithoul the consent of or
notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or not to acgone olher than Ilia party
tv:th tvl -wl rho ^.odifcation is made. The obiigal ons t.nder this Agreement are joint and several.
CHANGE IN TERMS AGREEMENT
Loan No: 4-6816 (Continued) Page 3
PRIOR TO SIGNfNG 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.
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.
BORROWER:
WE AFER CON?STR?UCTION, INC.
BY7 <L1dL] _I5eal)
Steven E. Westhafer, President f Westhafer
Constructla?, I;n?c?.,
X \d1CA 11 ?w -Seal)
Steven E. Westhafer, tndivi ua ly
LENDER: 11
GRAYS TO BANK, A DIVISION
_. _. 11, 4
CHANGE; IN TERMS AGREEMENT
Borrower: ",osthafer Constructlon, Ina. Lender: Graystona Hank, a Division of Graystone To,.ver Banh
Steven E. weethafer Capital Region
Ti Silver Crown Drive 112 Market Street
Mechanicsburg, PA 17055 Harrisburg, PA 17101
Principal Amount: $110,000.1)0 Data of Agreement: December 15, 2000
DESCRIPTION OF EXISTING INDEBTEDNESS. On January 15, 2009, Borrower executed and delivered to Lander a Promissory Note In the
original Principal Amount of Sixty Thousand and 001100 Dollars ($60,000.00) ("Note").
DESCRIPTION OF CHANGE IN TERMS. Effective the date of this Agreement, Lender and Borrower nave agreed to a temporary Increase in the
Principal Amount of the Note to One Hundred Tan Thousand and 00/100 Dollars (5110,000,00) until January 2, 2010. On January 3, 2010,
the i rir lpa Amount of the Note will revert to Sixty Thousand and 00!100 Dollars (y60,000,00). Any principal amount ordlstanrtinr) In excess
of $80,000.00 will be Immediately due and payable.
PROMISE TO PAY. Wasthafei Construction, Inc.; and Steven E. Westhafer ("Borrower") jointly and severally promise to pay to Graystcna Bank,
a Division of Graystorra Tower Bank ("Lender"), or order. In lawful money of the United Stales of America, the principal amount of One Hundred
Ten Thousand & 001100 Dollars ($110,ODD.00), together with Interest on the unpaid principal balance from December 15, 2009, until paid In
full.
PAYMENT. Subject to any payment changes resulting from changes In the Index, Borrower will pay this Iran In accordance with Uie following
payment sa7edu!e:
Borrower will pay this loan Imotadiately upon Lender's demand. Borrower will pay regular monthly payrrents of all accrued unpaid Interest
due as of each payment data, beglnniag December 15, 2009 with all subsequent interest payments to be due on the same day of each
month after that, From the date hereof until January 15, 2010, interest shall be fixed at 6.750/6. Thereafter, the Inieresl rate shall revart
to Gwstone Tower Bank's Prince Rate (as deflned In Variable Interest Rate below) plus 2.00% (with a 5.00% floor).
On January 3, 2010, the Prlnolpal Amount of the Note will revert to Sixty Thoesand and 001100 Dollars ($60,000.00). Any prlncipal
amount outstanding In ezress of $60,000.00 will be Immediately due and payable.
Unless olhatwise agreed or recliirod by applicable law, payments w.11 be appted lost to any accrued urpal1 Interest, then to ar'•ru•ipal; then to
any late charges; and then to any unpaid collection ccs(s. Borrower will pay Lender at 'Lender's address shown above or at such other place as
Lender may designate in writing.
VARIABLE iNTEREST RATE. Inc interest rate on this loan is subjei;t to change from (line to Ilrre based on changes In an incen which is
Lender's Prime Rate (the "Index"). This is the rate Leander charges. or would charge, on 90-:.lay unsecured loans to the, mast creditworthy
corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell 3orrower the current
index rate upun Borrower's request- The interest rate change will not occur more often than each day. Bor-rower understands that Lender may
make loans based on other rates as wall. Interest on :Io unpaid prlncipal balance of this loan will be rateulatad as described in the "INTEREST
CALCULATION METHOD" paragraph using a rate of 2.000 poccentage points over life Indax. NOTICE: Under no circumstances will ilia interest
:ate on this loan be less than. 5.000% per annum or more than the maximum rate allowed by applicable law Whenever increases occur In Inc
Irtlareat rata, Lander, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's '•oaa will pay
off by its original final maturity date. (B) Increase Borrowers payments to cover accruing Interest, (C) i^creaw the n(mDor of Borrower's
payments, and (0) continue Bofrovler's payments el the same amount and InclaaSe Borrowor's final payment.
INTEREST CALCULATION METHOD. Interest on this loan is computed on a 3651360 bads; 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 oraslanding.
All interest payable under this loan Is computed using this method.
PREPAYf.1FNT. Borrower may pay without penally all or a portion of the arrcunl owed earlier than it is due, Early payments will not, unless
agreed ;o t)y Lender in writing, relieve Borrower of Borrower's obligaton to continue to stake payments under the payment echodulo, Rather,
early payments will reduce the principal bale ice due and may result in borrowrir' making fewer payments. Borrower agrees not to seer! Lender
paymonts marked "paid in full", "without recourse', cr similar language ;f Borrower sends such a payrnard, Lender may accoi.,t it without
losing any of Lendai's rights under this Agreement, and Borrower will (amain ohllgated to pay any further amount owed to Lender, All written
communications concerning disputed amounts, Including any chock to other pay(nenl instrument that Indicates that the payment uonstnules
"payment in fu!I" of the arnount ov,od or that Is tendered with nther cr.ndiunns or fimitations or as full satisfactlon of a disp'llod amot.rt rust bu
mailed or delivered to: GRAYSTCNE TOWER BANK, 112 Market Street Harrisburg, PA 17101.
LATE CHARGE. it a payment is 20 days or (note late, Borrower wit be cna'gad 10.000% of the regularly schedcled payment or $250,00,
whichever Is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, tau interest rate cu this loan 51a!1 be Incroased by adding
a 2 000 pomentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeading interest rate change that
would have aaplied had there been no defauh, if judgment is entered In nonneetion with this Agreemont, Interest will continue to accrue after
Ine date cf judgment at the rate Jr, affect at the time judgment is entered. Flowavei, in no even! wilt (he interesL rate oxi:eed ll.o m?ixinwm
inleresi ratio Juiiladots under applicable law.
DEFAl1L1. Each of the following shall ccnstltute an Ev.;nl of Default ender this AgreenlenC
Payrnanl Default. Borrower falls to make any paymerd when due under the Indebtedness.
Other Defaults. Borrower falls to comply with or 13 perform any other terra, obliyatlon, covenant or condir.on contained in tads Agraemenf
or in any of the Relalad Documents or to comphr with or to purfo:m any tens, ot,!Igatlcn, covonant a, condition canlnined ?n ary olhar
agreement between Lender and Borrowar.
False Statements. Any warranty, repieserlla(lo-) or statement made or tum!shed to Lender by Borrower or on Rorrovdal's L,ei,or' urder this
.Agreemant or Iha Related Ll icumonts Is fai a or misleading In anv material respecl, either rcv? or at Ina time made or hrnishc,d or bt cones
(a'se or misleading at any time thereafter.
Insol"ficy. 'The dissolution or taurlnation of Borrower's existence as a going husiness, the InsolV0ncy of Borrowar, t e appointment of a
receocir for any part of Porrowur's property, any essignmerl for tha benefit of creditors, any type cif credLcr woi -ut, Ur the
commanparpant of any preceoding under any bankruptcy or Insolvancy taws :;y or aigainst Borruwel.
Credlo or Forfelture Proceodings. Commencameril of foreclosure or forfeltura ,ruQaad;m,s, whether by judicial ,r:acea?Jin;f, svif-help,
repossmssion or any other method, by any creditor of Borrowar or by any Uovernmrlnlal agency against any uo:lale(& eecUdcg the
Indebtedness- This irclodaa a garnishment of any of bormwer'; acco.rnts, Including deposit accouide, with Lender 1-uive:?a . !Ins Evart
CHANGE IN TERMS AGREEMENT
Loan No: 4000006816 (Continued) Page 2
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 morales or a surety bond for the creditor of forfeiture p,oceaciing, in an amount delarminad by Lender, in its sole discretion, as oaing
an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness
evidenced by this Nola.
Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower.
Adverse Change. A material adverse change Occurs In Borrowers financial condition, er Lender believes the prospect of payment or
performance of the Indebtedness is impaired.
Cure Provlslons. It any default, other than a detau:t in payment is curable and if Borrower has not been given a notice of a breach of Ins
same provision of this Agreement within the prececng twelve (12) months, it may bs cured If Borrower, after Lender sencs written notice
to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) If the cure requiras more than fifteen
(15) days, immediately initiates steps which Lender deems In Lender's sole discretion to be sufficient to cure the default anti thereafter
:onGnues and completes all reasonable and necassary 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 pri,cipat
balance under ihds Agreement and all accrued unpaid interest immadlataly due, and then Borrower will pay that amount,
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect flits Agreement If Borrower does not pay. borrower wall
pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonabla attorneys' toes and Laadars 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 ln)unetlon), and appeals. If not prohlblted by applicable law. Borrower also will pay any court costs, In
addiliun to all other sums provided by law
JURY WAIVER. Lender and Borrower hereby waive the right to any )ury trial In any action. proceeding, cr counterclaim brought by elther Lender
or Borravar against the other.
GOVERNING, LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent riot preempted by federal law, the
laws of the Commenwesith of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in
the Commonwealth of Pennsylvania,
CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lenders request to suhmit to the Jurisdictier. of the courts of Dauphin Coimly,
Commonwealdc of Pennsvlvarda.
RIGHT OF SETOFF. To the extent permitted by applicable lave, Lender reserves a right of setoff In all Borrower's accounts wilh Londar (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 prohtbtted by
law. Borrower authorizes Lender, to the extent permitted by appllcabh> law, to charge ci setoff a sums owing on the indebtedness against any
and ail such accounts.
CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including all
agreements avideneed or securing the obllgation(s), remain unchanged and In full force and offect. Consent by Lender to ihis Agreement does
not watvo Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing
in (Iris Agreement will constitute a satisfaction of the obligation(s). It is the Intantion of Lender to retain as liablo parties all makers and
andorsers 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 orlglaa; obllgalion
doss not sign this Agreement below, then all persons signing below acknowledge, Viat this Agreement Is given condiL.onally, based on the
raprasentation to Lender that the non-signing party consents to the changes and provis.ous of this Agreement or otherwise will not he released
by it. This waiver applies not only to any Inltlat extension, modification or release, but also to all such subsequent actions.
SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, peiscaal represornatlvss,
sueL:essurb, and assigns, and shall be enforceable by Lender and Its successurs and assigns.
N 5CELLANEGUS PROVISIONS. If any part of this Agreement cannot be enforced, this `act -ill not effect the rest of the Agreement, Lander
may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Each Borrower ur:derstands and agrees
that, with or without notice to Borrower, Lender may with respect to any peter Borrower (a) make one or mars additional secured ar unsecured
(cans or otherwise extend additional credit; (b) alter, eomprorrdse, renew, axtend, accelerate, or otherwise change one or more limas the limo
for payment or other forms of any Indebtedness, including increases and decreases of the rate of interest an the indebtedness; (::) exchange,
enforce, waive, subordinate, fail or decide not to perfect, and release any security with or without the substitution of new collaterai, (d) apply
such security and direct the order or manner of sale thereof, incuding without Ilmllation, any non-judicial sale permitted by the terms of the
contrellirg security agreements, as Lender In Its discretion may datermine; (e) release, subsliWto, agree not to sue, or deal with any one or
more of Sorrower% suralies, endorsc+rs, or other guarzators on any lerms 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 end any other
person who signs, guaranleas or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice
of dish3nor. Upon any change In the terms of this Agreement, and unless otherwise expressty staled in writing, no party who signs this
Agreement, whether as maker, guarantor, accommodalion maker or endorser, shall be released from liability. All such paaies anise that Lender
may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collaier'al; or impair, fail to realize
upon o. perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or
notica to anyone. All such parties also agree that Lender may modlfy thts loan without the consent of or noilco it) anyone other than t;ta party
whl 'Micro the modiftcatlon is rnade. The obligations Andar this Agreement are Joint and severai.
CHANGE IN TERMS AGREEMENT
Loan No: 4000006816 (Continued) Page 3
PRIOR TO SIGNING THIS AGREEMENT, EACH DORROWER READ AND UNDERSTCOD AL, THE PRCVISIONS OF THIS AGREEMENT,
INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED 11JAT THIS AGREEMENT lS AND SHALL CONSTITUTE AND IIAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO UkW.
BORROWEF:
WEST AFER CONSTRUCTION, INC .
by: EGPV
JSeal}
Steven F. Westhafer, President Westhafer
Gonstru_tion, Inc
x {seal)
Steven E Westhafer, Individually
LENDER.
GRAYSTONc ANK, A DIVISION OF GRAYST E TOWER BANK
l /y i7 d !? r?
,1-4
R.
CHANGE IN TERMS AGREEMENT
Borrower: Wesihafer Construction, Inc. Lender: Graystone Bank, is Division of Graystone Tower Bank
Steven E. Westhaller Gapital Region
71 Silver Grown Drive 112 Market Street
Mechanicsburg, PA 17055 Harrisburg, PA 17101
Principal Amount: $110,000.00 Date of Agreement: March 16, 2010
DESCRIPTION OF EXISTING INDEBTEDNESS. On January 15, 2009, Borrower executed and delivered to Lender a Promissory Note in the
original Principal Amount of Sixty Thousand and 00/10o Dollars ($60,000x00) ("Note") with a subscuent Change in Term Agreement dated
September 18, 2009 for a temporary increase in the Prrcipal Amount of the Nole to One Hurld"ed Ten Thousand arid 001100 Dollars
($110,000.00) until January 2, 2016.
DESCRIPTION OF CHANGE IN TERMS. Effective the date of this Agreement, Lender and Borrower have agreed to a temporary increase io tyre
Ffincipal Amount of the Note to One Hundred Ten Thousand and 001100 Doliars ($110,000.00) until May 15, 2010. On May 16, 2010, the
Principal Airaourrl of the Note will revert to Sixty Thousand and OO/100 Dollars ($60,000 001. Any principal amoun( eutstondi ig In excess of
$60,000 00 will be immediately due and payable
PROMISE TO PAY. Westhafer Construction, Inc.; and Steven E. Westhafer ("Borrower") jointly and severalty promise to pay to Graystone Bank,
a Division of Graystone Tower Hank ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred
Ten Thousand 3 001100 Dollars ($110,000.00), together within le rest on the unpaid principal balance from March 16, 2010, until paid in full.
PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following
payment schedule: _
Borrower will pay this loan Immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid interest
due as of each payment date, beginning April 15, 2010 with all subsequent interest payments to be due on the same day of each month
after that. The variable interest rate shall be Graystone Tower Bank's Prime Rate (as defined in Variable Interest Rate below) plus 2.00%
(with a 5.00°/ floor),
lJnless sul,heswise agreed or required by applicable law, payments will be applied first to any accrued un
pa [,
, ufleresl; Then to prinripa; L'aen to
any late charges; anc then to any inpald collection costs. Borrower will pay tattler all Lender's address shown above or at such other place ps i
Lender may designate in writing. _
VARIABLE INTEREST RATE. Ilia interest rate on Ovs ban is subject to 'change from Lnie to time based on changes in an iridax which is
Lenders Porne Rate (Ilia "Index')- This is the rate Lender charges, or would chargE:, on 90-days unsecured loans to Iha most creditworthy
cotporaie customers- This rate may or may not be the lowest rate available from Lender at any given time. I ender will tell Borrosvor the current
Index ralu upon Borrower's regaes(. The interest rate change will not occur more often than each day- Borrower understands that Lender may
make loans based on other rates as well. Interest on the unpaid principal balance of this loan will be calculated as described in the "INTEREST
CALCULATION METHOD" paragraph using a rata of 2.000 percaritaga points over the Index- NOTICE: Uncer no circumstalices wili the interest
rate on this loan be less than 5.4700% per annum or more than the maximum rate allowed by applicable law. Whenever increasers occur in the
interest rate, Lender, at its option, may do one or more ct the following: (A) Increase Borrower's payments to ensure rlorrower's loan will pay
off by its original final maturity date, (8) increase Borrowers payments to cover accruing ir(ere.st, ((;) increase ;hoe n ember of Borrower's
payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment
INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365!360 basis; that is, by applying the ratio of the interest rate over
a year of 360 clays, multiplied by the outstanding principal balance, mulliplied by the artuai numher of days Use principal balance 's outstanding.
All interest payable under this loan is computed using this method.
PREPAYMENT. Borrower may pay without penalty all of a portion of _he amount owed earlier tl-:nn it is duo. Early payments will not, unless
agreed to by Lender in writing, relieve Borrower of Borrower's obligation to contnue in malts payments under the payment schedule. Rather,
early payments will reduce the principal balance due and nay result in Rarrovrer's making fewer payments. Borrower agrees not to send Lender
payments marved "paid in full", "without recourse", or sirnllar lanjuage. It Boriower sends such a payment, Londw may accept it without
losing any of Lender's rights uodar this Agreement, and Borrower will rarnain olhLga'.ed to pay any fwlher amount OW.d to Lender, All written
communications concerning dispuNd amounts, Including any check or other payment instrument that indicates that [lie payment constitutos
''payment in full" of the amount owed or that is tendered with other cortdilions or Innitallons or as full salisfactlon of a disputed z:mount must be
mailed w delivc:red to GRAYSIONE TOWER BANI<, '1823 Good Hope ficad Enola, 0A 17025.
LATE CHARGE. If a payment is 20 days of more late, Borrower will he rha«jed 10.000% of the regularly scheduled papur?ot or $250.00,
whichever is greatar.
INTEREST AFTER DEFAULT. Upon default, including fails.re to pay upon final maturity, the interest rate on this loan shall be increased by adding
a 2.000 pen:enlage po!.tt margin ("Default Role Margin") The Default Rdte Maryln small also apply to reach succeeding interest rate change that
would have applied had there been no default. It judgment is adored in connection with O,,Is : cgreament- Tterest will continue to accrue after
the date of judgment at the rate in effect at the time judgrnent is ontered_ However, 'ri nu event will Ihe Intaresl rele exreetl Ihe maxlmurn
interest rate limitations under applicahle law.
DEFAUL'. Each of the followirng shall constitute an Event of Default order this Agiaefoeul:
Payment Default. Borrower fails to make any payment v.her• due ender the Indebtedness
Other Defaults. Burrower fails to comply with or to peforn: any other term, obligation, covenant or condition contained in this Agreement
or it any of the Related Documents of to comply with a., to perlorm any term, ublitlati.:w, cuvenan! or eendition contained In any other
agr,amert behveen Lender and Borrower.
False Statements. Any warranty, represertalion or Aale-rnenl made or furnished (;, tender by Enrfower cr on hair) wei's behaif under thls
Ayroen-enl cr the Related Documents is false or misleading in any material respect, either now or at the time made or nirnislnad or becor'nes
faisc or in sluading at any time thereafter.
Insolvency'. The diSSeluticrr or termination of Borrowers existence as a going business, t??e insolvency of Burrower the appoinhnenl of a
reocker for any par{ of Borrower'6 property, any asaigninent for Ihe benehl of LieJh E;, any typo of credJur svcnhou"„ or the
romnze,ncemenl of any pr000eCI.I.0 under any bankruulcy or irsse!vency lawn by or irgaitis( Hnnowt -
Crecfrtor or Fcrteltere Procoedinls. Cemrrencement of toreclosr.re or forfellura pr<,coedings, whethrr by Judicial prac.eeding, self-help,
apnsxssion m any other method, by any credlirsr of Bon'nWer or by any govan)menfal agency egalnst ary collateral ser.uiing [lie
indehledness. This includes a gaenishment of any cif Borrower's :9ccounl5 including deposit accounts, witty Lender, iosvevCr, this Even;
of r>efaUl: sh?,1 riot apply if (hare is a good faith d?spule by Borrower as to lice velichity or r asonahteness of the claiw which is tha basis of
CHANGE IN TERMS AGREEMENT
Loan No. 4000006816 (Continued) Page 2
the creditar or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with
Lender monies or a surety bond for the creditor or forfeiture proceeding. in an amount determined by Lender, in its sole discretion, as being
an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occrrs with respect to any Guarantor of any of the Indebtedness or any
Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of Ina: Indebtedness
evidenced by this Note.
Change In Ownership. Any change In ownership of twenty-five percent (25%) or more of the common stock of Borrower,
Adverse Change. A material adverse change occurs in Borrower's financia; condition, or Lender believes the prospect of payment or
performance cf the Indebtedness Is impaired.
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 or this Agreement within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends writen notice
to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days: or (2) if the cure requires more than fifteen
(16)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 compfance. as soon as reasonably prnclical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire :rnpai,i principal
balance under this Agreement 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 rolled this Agreement if Borrower does riot 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 casts, in
addition to ail other sums provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by oither Lender
or Borrower against the other.
GOVERNING LAW. This Agreement 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 Agreement has been accepted by Lender In
the Commonwealth of Pennsylvania.
CHOICE OF VENUE. If there Is a lawsuit, Borrower agrees upon Leader's request to submit to the jurisdictiun of the court> of Dauphin County,
Commornweallb of Pennsylvania.
RIGHT OF SETOFF. To the axiom permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts wilh Lender (whethe(
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and ail accounts Borower 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 ar.rthmizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any
and all such accounts.
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 foil force and effect. Consent by Lender to this Agreement does
riot waive Lender's right to strict perforrnanco of the obligaton(s) as changed, nor obligate Lender to make any future change in terms. Nothing
i;r this Agreement will constitute a satisfaction of the obligatlon(s)_ It is the intention of Lender to retain as liable parties all makers and
undorsers of the org nal obligation(s), including accommodation partie unless a party is expressly released by Lender In writing. Any maker or
endu:ser, including accommodation makers, will not he released by virtue of this Agreement. If any person who signed the original obligation
does not sie,m, this Agieement below, then all persons signing below acknowledge that this Agreement is given conditionally, used on the
re:,resentotion to Lender that. the non-signing party consents to the changes and provisions of this Agreement or otherwise will not bis released
by it, This wai?er applies not only to any initial extension, modification or release, bet also to all such subsequent actions.
SUCCESSOR INTERESTS. line terms of this Agreement shall be binding upon Borrower, and upon Uorrower's heirs, personal -e presenlahves,
sucrass:,rs, and assigns, and shall be enforceable by Lender and Its successors and assigns.
'JISCELLANECU5 PROVISIONS. It any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender
may delay or forgo enforcing any of its rights or remedies under this Agreement without owing tl ern. Each Borrower understands and agrees
that, with n, without notice to Borrower, tender may with respect to any other Borrower (a) make one or more additional secured or unsecured
luaus or otherwise extend additional credit; (b) alter, compromise, renew, extend: accelerate, or otherwise change one or more tirres 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, all or decide not to perfect, one release any security, with or without brie substitution of naw collateral; (d) apply
such secuny and direct the order or manner of sale thereof, including without limitation, any non -Judicial sale permitted by the terms of the
cordr,-fir:g security agreements, as Lender in its ciscrelion rnay deterrnina; (e) release, substitute, agree not Lo sue, or deal with any one or
mere of Borrower's sureties, endorsers, or other guarantors on any teroxs or it, any nnanner Lender may chooso, and (f) deterrnina how, when
and what applicalipn of paymetis and credits shall be made on any other indebtedness awing by such other Borrower. Borrower and any other
persun who signs, guarantees cur endarses Lhis Agreement, to the extent allowed by law, waive presorvirrent, demand for payment, and notice
of dishonor, Upmr any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this
Agreement, whcrner as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender
rnay renew of 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 L.?nder's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or
neliuu to anyone. All such panies also agree that Lender may modify this loan without the consent of or notice to anyone Miner than the party
wdh vrhUrn the nwodif,cation is made. The obligations under this Agreement are joint and several.
CHANGE IN TERMS AGREEMENT
Loan No: 4000006816 (Continued) Page 3
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.
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.
BORROWER:
WESTHAFER CONSTRUCTION, INC
By: r --JSeal)
Steven E. Westhafer, Presid of Westhafer
Construction, Inc.
Steven E. Westhafer. Individually
LENDER. I
GRAYSTONE BANt, A DIVISION OF GRAYSTgNE TOWER BANK
i)sEA ?ao.u q.?.9.asm.w3 Cq..N.r?y r.....,.19W.??..i.i??._i9i). boo Ae R•,/A, F...i.w aw PU:-:: a'. ?p)JCfL YR)2Y0 PNl
CHANGE IN TERMS AGREEMENT
Borrower Westhafer Construction, Inc. Lender. Graystone Bank, a Division of Graystone Tower Bank
Steven E. Westhater Capital Region
71 Silver Crown Drive 112 Market Street
Mechanicsburg, PA 17055 Harrisburg, AA 17101
Principal Amount: $110,000.00 Date of Agreement: June 25, 2010
DESCRIPTION OF EXISTING INDEBTEDNESS. On January 15, 2000, Borrower executed and delivered to Lender a Promissory Note in the
original Principal Amount of Sixty Thousand and 001100 Dollars ($60.000.00) ("Note") with subsquent Change in Term Agreements the most
recent dated March 16, 201D for a temporary Increase to the Principal Amount of the Note to One Hundrr:d Ten Thousand and 00!100 Dollars
($110,000.00) until May 15. 2010.
DESCRIPTION OF CHANGE IN TERMS. The temporary increase in the Principal Amount of (he Note to One Hundred Ten Thousand and 001100
Dollars ($1 10,000.00) which was originally to expire on May 15, 2010 has been extended. Lender and Borrower have agreed to extend the
lemporary increase until September 1, 2010. On September 2, 2010, the Principal Amount of the Note will revert to Sixty Thousand and
001100 Dollars ($60,000.00) Any principal amount outstanding in eXCeJS of $50.000.00 will be immedraleiy due and payable.
PROMISE TO PAY. Westhafer Construction,.lnc.; and Steven E. Westhafer ("Borrower") jointly and severally promise to pay to Graystona Bank,
a Division of Graystone Tower Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of One Hundred
Ten Thousand & 001100 Dollars ($110,000.00), together with interest on the unpaid principal balance frcrn June 25, 2010, until paid in full-
PAYMENT, Subject to any payment changes resulting from changes m the Index. Borrower will pay this loan in accordance with the following
payment schedule:
Borrower will pay this loan immediately upon Lenders demand- Borrower will pay regular monthly payments of all accrued unpaid Interest
due as of each payment date, beginning July 15, 2010 with all subsequent interest payments to be due on the same day of each month
after that. The variable interest rate shall be Graystone Tower Bank's Prime Rate (as defined in Variable Interest Rate below) plus 200%
(with a 5.00% floor).
Uctess otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Intores,% then to ;iiouipal; Then to
any late charges' and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate in writinc.
VARIABLE INIEREST RATE. The interest rate on this loan is subject to change frcrn time to time based or, changes in i-i index which is
Lander'r, Prime Rate (the "index")- This is the rate Lender charges, or would charge, on 90-doy unsecured loans to the most creditworthy
wrporata custuineis. This rate may or may not be the lowest rate available from Lander at any given time. Lender will tell Borrower the current
Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower undwstanes that Lender may
make loans based on oilier rates as well. Interest on the unpaid principal balance of Otis lean will be calculated as described in the "INTEREST
CALCUI_ATiON METHOD" paragraph using a rate of 2.000 percentage points over the Index. NOTICE: Under no circumstances will tha interest
rate on this loan be less than 5.000 % per annum or more than the maximum rate allowed by applicable law. Vvhenever increases o::cur in the
interest rate, tender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Burrower s loom will pay
off by Its oiig'nal final maturl(y dare, (B) increase Borrower's payments to cover accruing interest, (C) Increase the number of Borrower's
payments, anc', (D) continue Horrowerb payments at the same amour: and increase Borrower's final payment
INTEREST CALCULATION METHOD. Interest on this loan is computer) on a 365/360 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 Fnncipal balance Is otdstinding.
Ail interest payable under this loan Is computed using this method.
PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it i dire. Early payments wili not, unless
agreed to by Lender in uniting, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule- Rather,
early payments will reduce the principal balance due and may result In Borrower's rnaking fewrir payments. Borrower agreus not to send Lender
payments nrarked "paid in full", "without recourse", or sirnilar language- If Borrower sends such a payment, Lander may ,acceiv it without
losing any of Larder's rights under this Agreement, and Borrower will remain obligated to pay any tunher amount owed to (-ender. All written
cortrnunicetions concerning disputed amounts, including any check or other payment instrument that indicales trial the pay:nrnt conslitules
"payment ul full" of the aniount owed or that is tendered wi0r lather conditions or limitations or as full satis`action of a disputed arnounl most be
mailed or celivered to GRAYSTONE TOWER BANK, 1828 Good Hope Road Eoola, PA. '17025.
LATE CHARGE. If a payment is 20 days or rnore late. Borrower w 1l be charged 110,000% of the regularly scheduled payment or $250.00,
whichever is greater.
INTEREST AFTER DEFAUI.T. Upon default, including faiVure to pay upon final inwority, 0ei interest vale on this luen shat Inc, rlr feaseu by adding
an additional 2.000 percentage polnt margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding Ir:terest rate
charge that would have applied had there been no default. If judgment is entered in coone:tinn with this Agreement, irterect will rontinue to
accrue after the date of judgment at the rate in effect at the little judgment is entered. However, in no event will the interest rate exceed the
maximum interest rate limitations under applicable law.
DEFAULT Ea:;h of the following shall constitute an Event of Defdult under this ,Ayreerrteot.
Payment Default. Borrower fails to make any payment when due under the htdehtodnass
Other Defaults, Banowe: fails to comply with or to perform any other term, obligation, covenant or conditron contained in this Agreement
or in any of Cie Related Documaots or to comply with or to perform any term, Obligation, covenant or condition contained in any other
agreernont between Lender and Borrower.
False Statements. Any warranty, representation or statement made or turn shad to Lender by Borrower or on Bonower's behalf under this
Agreement or the Related Documents is false or misleading in any material respect, either now or at We lime made cr h,nrshed cr becomes
false or misleading at any time thereafter.
Insolvency, The dissolution or termination of Borrower's existerce as a going business, the Insavercy of Norrower, the 6ppoirtment Of a
receiver for any part of Borrower';; property, any assignment for the henef.l of creditors, any type of ::rec5tor workout, or the.
centmencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower
Creditor or Forfettcre Proceedings. Guinmencement of foreclosure or forfeitwe prcceedings, whether by judicial proceeding, sell-help,
repossassinn or any other method, by any creditor of Borrower or by any governmental agency against any coilaleral securing the
Indebtedness. This Includes a garnishment of any of Borro_war'i. accounts, including deposit accounts, with Lender. However. this, Event
of Detault shall not apply r Were is a rood farlh dispute by Bonowcr as to the verlilily w reascnabler?f:ss of the clairn wh 0i is the basis of
CHANGE IN TERMS AGREEMENT
Loan 14000006816 r (Continued) Page 2
the creditor or forfeiture pruceeding 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 arnounl determined by Lender, ir; its sole discretion, as baing
an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness
evidenced by this Note.
Change In Ownership. Any change in ownership of twenty-five percent (25%) ormore of the common stock of Borrower.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or tender believes the prospect of payment or
perf:mnanee of the Indebtedness is impaired.
Cure Provisions. If any default, other than a defaull In payment is curable and if Borrower has not been given a notice of a breach of the
same provision of this Agreement within the preceding twelve (12) months, it may be cured If Borrower, after Lender sends written notice
to Borrower 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 iniliales 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 slaps sufficient to produce compliance as soon as reasonably practical
LENDER'S RIGHTS Upon default, Lender may, after (living such notices as required by applicable law, declare the entire unpaid principal
balance under this Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
AT TORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Agreement If Borrower does not pay. Borrnwer will
pay f enc:er that amount This includes, subject to anv limits under applicable law, Lender's reasonable attorneys' fees and tender's legal
expenses, whether or not there is a lawsuit, including -easonable attorneys' fees, expenses for bankruptcy proceedings (Including efforts to
modity or vacate any automatic stay or Injunction), and appeals. If not prohibited by applicable law. Borrower also will pay any C.,urt rusts, in
addition to of other sums provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender
or Borrower against the other.
GOVERNING LAVV- This Agreement 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 Agreement has been accepted by Lender in
the Commonwealth of Pennsylvania.
CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to ss,ihmlt 13 the jurisdiction of the courts of Oeuphin County,
Commonwealth of Pennsylvania
RIGHT OF 5001 P. To the exlent permitted by applicable law, Lender resarves a right of setoff in all Borrowers 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 seiof` all Burns owing on the indebtedness against any
and all such accounts. -
CONTINUING VALIDITY- Except as expressly changed by this Agroerrtent, the terms of !lie original obligation or obligations, including all
agreements evidenced or serurng the obligation(s), remain unchanged and in full force and effect. CUnsenl 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 constitule 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 parly is expressly released by Lender In writing. Any maker or
endorser, it odwjing accommodation makers, will not be released by virtue of this Agreement. It any person who signed the original obligation
does not sign this Agreement below, then. all persons signincl below acknowledge that this Agreement is given conditionally, based on the
represerilallon to Lender that the non-signing party consenls to the changes and provisions of this Agreement.or otherwise will nnl hr. released
by it This waiver applies not only to any initial extension, modification or release, tilt also to all such subsequent actions.
SUCCESSOR INTERESTS. The terms of this Agreement shall be hinding upon Borrower, and upon Borrower *s heirs, personal relareserltalives,
success;rs, arms assigns, and shalt ba enforceable by Lender and its successors and assigns.
MISCELLANEOUS PROVISIONS. if any pad of this Agreement cannot be enforced, this fact will not affect the rest of Me Agrealrient. Lender
may de;ay cr fort o enforcing any of its -ights or remedies under this Agreement wlthout losing them. Each Borrower understands and agrees
that, wily ni without notice to Borrower, Lender may with respect to arty other Borrower (a) make one or more additional secured or un"e Arad
loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or olhe.tivise change cne or more times the time
tot 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 subslituiion of new collateral; (d) apply
such security ant s direct the order or manner of sale thereof, incuding without limitation, any non-judicial sale permitted by the terms of the
cenuoiling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or
more of Borrowers sureties, endorsers, or other guarantors on any terms or in arty manner Lender may choose; and (f) dete-mind how, when
and what ippl ;:alion of payments and credits shall be made on any oti,er Indebtedness owing by such other Borrower. Borrower and any other
person who suns, guarantees or endorses this Agreernenl, to the extent allowed by lave, waive presentment, demand for payment, and notice
of dishonor. Upon any change in Iha terms of this Agreement, and unless otherwise expressly stated in .wiling, no party who signs this
Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released horn liability. All such parties agree Ihat Lender
may rene>v or extend (iepeatediy and for any length of time) this loan or release any party or guarantor or collateral; or h ir, fall to realize
upon or I.e-rfect Lender's securi?y interest in the collateral; and take any other action deemed necessary by Lencer without (tic, consent of or
rnolice, to anyone. All such parties also agree that Lender may modify ;his loan without the c%?nsent of or notice to anyone other than the party
wi*•h wh )rn the modifiration is mride!, The obligations under this Agreement are joint and several-
CHANGE IN TERMS AGREEMENT
Loan No: 4000006896 (Continued) Faye 3
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.
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.
BORROWER;
WESTH FER CONSTRUCTION, INC.
By_` ?5ea1?
Steven E. WesThaier,• President of Westhafer
??
Construction, Inc.
X _ASeal)
Steven . Westhafer, Individually /
LENDER
GRAYS TONHHANK, A DIVISION OF GRAYSAONE TOWER BANK
--,". E.-n C-l,'I-, F.-- 5-l.-.,, I.-1--. II, Ail R la 1..-,l -fAICF11--FC 1A 14i rlJ
91 ?1999991 7030 3418 2437
March 21, 2012
_wsquehann4a
VIA 1 s' CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED
Westhafer Construction, Inc.
Steven E. Westhafer
Cumberland Valley Development,
inc.
71 Silver Crown: Drive
Mechanicsburg, PA 17055
Re: Loans In Original Principal Amounts of $125,000,00,
$970,000.00 and $60,000.00 By Susquehanna Bank,
successors by merger to Graystone Bank, To Westhafer
Construction, Inc., Steven E. Westhafer and Cumberland
Valley Development, In e.
Dear Mr. Westhafer:
Susquehanna Bank, successor by merger to Graystone Bank: (the
"Lender") made a loan to Westhafer Construction Inc. (the "Borrower") in the
original principal amount of One Hundred Twenty-Five Thousand Dollars
($125,000.00), a loan to Cumberland Valley Development, Inc,, (the "Borrower")
in the original principal amount of Nine Hundred Seventy Thousand Dollars
($970,000.00) and a loan to Westhafer Construction; Inc. and Steven E.
Westhafer; (the "Borrower") in the original principal amount of Sixty Thousand
Dollars ($60,000.00) respectively.
The loan in the original principal amount: of One Hundred Twenty-Five
Thousand Dollars ($125,000.00) is evidenced by a Promissory Note dated May
16, 2006, a Change in Terms Agreement dated May 29, 2008, an Open-End
Mortgage dated May 16, 2006, a Business Loan.Agreement dated May 16; 2006
and various documents relating to the loan (collectively, the "Loan 1
Documents').
The loan in the original principal amount of Nine Hundred Seventy
Thousand Dollars ($970,000.00) is evidenced by a Promissory Note dated May
31, 2006, Change in Terms Agreements dated May 29, 2008, July 17, 2008;
October 27, 2008, October 28, 2009, March 10, 2010; June 25, 2010 and May
25, 2011, two Open-End Mortgages dated May 31, 2006; a Modification of
Mortgage dated January 15, 2009, a Construction Loan Agreement dated May
?(H?Pf D
Westhafer Construction, Inc.
Steven Westhafer
March 21, 2012
Page 2
31, 2006 and various documents relating to the loan (collectively, the "Loan 2
Documents").
The loan in the original principal amount of Sixty Thousand Dollars
($60,000.00) is evidenced by a Promissory Note dated January 15, 2009,
Change in Terms dated September 18, 2009, December 15, 2009, March 16,
2010, June 25, 2010, an Open-End Mortgage dated January 15, 2009, a
Business Loan Agreement dated January 15, 2009, and various documents
relating to the loan (collectively, the "Loan 3 Documents").
The Loan 1 Documents, Loan 2 Documents; and Loan 3 Documents shall
be referred to collectively as the ("Loan Documents").
Pursuant to a Commercial Guaranty dated May 16, 2006 and May 31,
2006, Steven E. Westhafer, (the "Guarantor") unconditionally guaranteed the
payment and performance of the Borrower's obligations to the Lender under the
Loan 1 and 2 Documents. A Commercial Guaranty dated January 15, 2009, by
Cumberland Valley Development, Inc. (the "Guarantor") unconditionally
guaranteed the payment and performance of the of the Borrower's obligations to
the Lender under the Loan 3 Documents.
The Borrower's obligations to the Lender under the Loan Documents are
due and payable upon demand by the Lender whether or not the Borrower is in
default. Moreover, the Borrower is in default under the Loan Documents due to
its failure to make payments when and as due under the Loan Documents.
Accordingly, the Lender demands that the Borrower pay its obligations under the
Loan Documents immediately.
As of March 21, 2012, the balance outstanding under the Loan 1
Documents is $119,501.81. Interest accrues on the unpaid principal balance at
the rate of $19.77 per day after March 21, 2012. In addition to the above
amounts, the Borrower is obligated to pay all reasonable attorneys' fees and
expenses incurred by the Lender in enforcing the Loan 1 Documents.
As of March 21, 2012, the balance outstanding under the Loan 2
Documents is $507,487.46. Interest accrues on the unpaid principal balance at
the rate of $75.63 per day ;after March 21, 2012. In addition to the above
amounts, the Borrower is obligated to pay all reasonable attorneys' fees and
expenses incurred by the Lender in enforcing the Loan 2 Documents.
As of March 21, 2012, the balance outstanding under the Loan 3
Documents is $63,484.05, Interest accrues on the unpaid principal balance at the
rate of $8.73 per day after March 21, 2012. In addition to the above amounts,
Westhafer Construction, Inc.
Steven Westhafer
March 21, 2012
Page 3
the Borrower is obligated to pay all reasonable attorneys' fees and expenses
incurred by the Lender in enforcing the Loan 3 Documents.
The Lender hereby demands that the Borrower pay the amounts set forth
by certified check, cashier's check or wire transfer by March 31, 2012.
Nothing in this letter should be deemed an agreement by the Lender to
forbear from enforcing any rights or remedies available to it under the Loan
Documents or applicable law. The Lender reserves all of its available rights and
remedies. Moreover, acceptance by the Lender of payment of less than the full
amount due under the Loan Documents shall not constitute' a waiver of the
demand for payment of all amounts due, or any of the rights available to the
Lender under the Loan Documents or applicable law.
Susquehanna Bank
By:
Lisa Painter ?u
VP, Loan Workout Officer
OREONdorkout Dept
Phone: 717-724-4605
VERIFICATION
Lisa Painter verifies that she is the Loan Workout Officer of Susquehanna Bank, Plaintiff
in the within matter, that she is authorized to execute this Verification on its behalf.. and that the
facts set forth in the within Complaint are true and correct to the best of her knowledge,
information and belief. She understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
Lisa Painter
3568350-1
SUSQUEHANNA BANK, Successor by
Merger to GRAYSTONE BANK
Plaintiff
v.
STEVEN E. WESTHAFER
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION- LAW
No. 1 Q- 33t 3 7 UV t I
ndant
(X ) Notice is hereby given that a judgment in the above-captioned matter has been entered
against you in the amount of 570,070.60, on May ;G4,, 2012.
(X) A copy of all documents tiled with the Prothonotary in support of the within judgmen re
enclosed.
Prothonotary Civil Division
By: _
If you have any questions regarding this Notice, please contact the filing party:
NAME: William F. Colby, Jr.
Barley Snyder LLP
ADDRESS: 50 North Fifth Street
P.O. Box 942
Reading, PA 19603
TELEPHONE: (610) 376-6651
(This Notice is given in accordance with Pa.R.C.P.236.)
NOTICE SENT TO:
NAME: Steven E. Westhafer
ADDRESS: 71 Silver Crown Drive, Mechanicsburg, PA 17055
Esquire
3568350-1
t3 ?iL?
BARLEY SNYDER LLP
William C. Colby, Jr., Esquire
Court I.D. No. 46880
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
SUSQUEHANNA BANK, Successor by
Merger to GRAYSTONE BANK
Plaintiff
V
STEVEN E. WESTHAFER
ndant
Attorney for Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-L.AW
No.
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I, William F. Colby, Jr., Esquire, Attorney for the Plaintiff, hereby certify to the best of
my knowledge, information and belief that the name and current address of each party is as
follows:
The address of the Plaintiff, Susquehanna Bank, is 1828 Good Hope Drive, Enola, PA
17025.
The registered address for the Defendant, Steven E. Westhafer, is 71 Silver Crown Drive,
Mechanicsburg, PA 17055.
Respectfully submitted,
BARLEY SNY/DEI4 LLP
By: ,L
William F., ol, Jr. e? ,--
Attorney for Plaintiff,
356835o-I
BARLEY SNYDER LLP
William C. Colby, Jr., Esquire
Court I.D. No. 46880
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
Attorney for Plaintiff
SUSQUEHANNA BANK, Successor by
Merger to GRAYSTONE BANK
Plaintiff
N/.
STEVEN E. WESTHAFER,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY.
PENNSYLVANIA
CIVIL .ACTION- LAW
No. ` OL- 3P 3 ) `?j
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF P NNSYLVANIA
ss
COUNTY OF
Before me, the undersigned authority, personally appeared Lisa Painter, who being duly sworn
according to law, doth depose and say that Steven E. Westhafer, the Defendant, is not in the
Military or Naval Service based on the following facts:
Age of Defendant:
Last known place of employment
Last known place of residence:
Unknown
Westhafer Construction, Inc./
Cumberland Valley Development, Inc.
71 Silver Crown Drive
Mechanicsburg, PA 17055
as of the date of this Affidavit.
SWORN TO and subscribed before me
this day of__ , 2012.
Notary Public
Lisa Painter
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sharon R. Reinhart, Notary Public
3568350-1 Susquehanna TWp., Dauphin County
Commission res Sept. 21, 2014
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
BARLEY SNYDER LLP
William C. Colby, Jr., Esquire
Court I.D. No. 46880
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
SUSQUEHANNA BANK, Successor by
Merger to GRAYSTONE BANK
Plaintiff
v.
STEVEN E. WESTHAFER,
1'f A
Attorney for Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. l'- 32.3?
ndant
AFFIDAVIT OF BUSINESS PURPOSE
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF C?G?w ?Gf
Before me, the undersigned authority, personally appeared LISA PAINTER, who being
duly sworn according to law, doth depose and say that the Promissory Note and Commercial
Guaranty which is the subject matter of this Complaint for Confession of Judgment for money
damages was entered into solely for business purposes, and not for the purpose of any personal,
household, family or residential uses, as of the date of th1ii ffidavit.
Lisa Painter
SWORN TO and subscribed before me
this ! ii day of , 2012.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sharon R. Reinhart, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires SePL 21, 2014
MEMBER, PENNSYLVANIA ASSOCIATION Of NOTARIES
3568350-1
BARLEY SNYDER LLP
William C. Colby, Jr., Esquire
Court I.D. No. 46880
50 North Fifth Street, P.O. Box 942
Reading, PA 19603-0942
(610) 376-6651
Attorney for Plaintiff
SUSQUEHANNA BANK, Successor by
Merger to GRAYSTONE BANK
Plaintiff
STEVEN E. WESTHAFER,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. I rd - 3a3? 6,V,
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANTS' RIGHTS
TO: STEVEN E. WESTHAFER
DATE: May A? ,-2012
A judgment in the amount of $70,070.60, plus interest at the rate per day rate of $8.72
from April 18, 2012, continuing late fees, and costs of collection has been entered against you
and in favor of the Plaintiff, Susquehanna Bank, 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
356830-1
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 IJAVE 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 MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
34 S. Bedford Street
Carlisle, Pennsylvania
717-249-3166
Respectfully submitted,
BARLEY SNYDER LLP
Y
illiam, F."squire
Attorney for Plaintiff
35683?0-1
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
??4?r ctaurag??? •'Chief Deputy
Jody S Smith
r.;
Richard W Stewart
Solicitor
C-D
c-
Susquehanna Bank
vs. Case Nurrrber
Steven E. Westhafer 2012-3237
SHERIFF'S RETURN OF SERVICE
06/13/2012 01:35 PM - Jason Vioral, Sergeant, Deputy Sheriff, who being duly sworn according to law, states that on
June 13, 2012 at 1335 hours, he served a true copy of the within Complaint in Confession of Judgment
and Notice 2958.1, upon the within named defendant, to wit: Steven E. Westhafer, by making known unto
himself personally, at The Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland
County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and
correct copy of the same.
SHERIFF COST: $68.00
June 14, 2012
JAS VIO TR?L-, DEPUTY
/
SWERS,
RON r R ANDERSON, SHERIFF
otvt`y»t- are"iff Te , oft lilt,