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HomeMy WebLinkAbout12-4349I LAW OFFICE OFANDREWH SHAW, P. C. Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite I I Carlisle, PA 17013 (717) 243-7135 HEM P 0 Ti I C Ng J','% JUL 13 PM I: CUMBERLAND COJ IiTY PENNSYLYAN;A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI CORNERSTONE FEDERAL NO CREDIT UNION Plaintiff V. . EMPORIUM DESIGN CONCEPT, INC., : RICHARD E. PHELAN, and LINDA L. PHELAN, Defendants CONFESSION OF JUDGMENT FOR MONEY CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant(s) and confess judgment in favor of the plaintiff and against defendant(s) as follows: Unpaid balance of instrument $29,153.68 Interest and fees from September 20, 2011 $ 785.72 Attorney's collection fee $ 1,000.00 Total: $ 30,939.40 Date: Respectfully submitted, By: dre H. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 717-243-7135 q I Attorney for Plaintiff s ,e#' a 7 ?* fk LAW OFFICE OFANDREW H. SAW, P. C. Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CORNERSTONE FEDERAL CREDIT UNION Plaintiff V. EMPORIUM DESIGN CONCEPT, INC., : RICHARD E. PHELAN, and LINDA L. PHELAN, Defendants No. /? - 1' -7-7 ??1,Z- CONFESSION OF JUDGMENT FOR MONEY COMPLAINT Plaintiff files this complaint pursuant to Pa. R.C.P. 2951(a) for judgment by confession and avers the following: 1. Plaintiff is a licensed Federal credit union with its principle office at 5 East Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Emporium Design Concept, Inc., is a Pennsylvania corporation principal place of business at 24 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant, Richard E. Phelan, is an adult individual who resides at 735 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 4. Defendant, Linda L. Phelan, is an adult individual who resides at 735 South a X12`7 Hanover Street, Carlisle, Cumberland County, Pennsylvania. 5. Attached as Exhibit A is a true and correct copy of the original instrument authorizing confession duly executed by Richard E. Phelan and Linda L. Phelan, authorized signers for Defendant, Emporium Design Concept, Inc. 6. The attached instrument, Exhibit A, has not been assigned. 7. Defendant, Richard E. Phelan, executed a. Guaranty and Suretyship Agreement, dated March 20, 2009, personally guaranteeing the debt owed by Defendant Emporium Design Concept, Inc. under the Commercial Promissory Note attached as Exhibit A. A copy of the Guaranty and Suretyship Agreement is attached hereto as Exhibit B. 8. Defendant, Linda L. Phelan, executed a Guaranty and Suretyship Agreement, dated March 20, 2009, personally guaranteeing the debt owed by Defendant Emporium Design Concept, Inc. under the Commercial Promissory Note attached as Exhibit A. A copy of the Guaranty and Suretyship Agreement is attached hereto as Exhibit C. 9. Judgment has not been entered in any jurisdiction on the attached instrument authorizing confession. 10. Default was made by the defendant in the payment of the installment of $1,020.85., due on October 20, 2011, and in the payment of all subsequent installments, under the instrument the entire sum is in default and immediately payable. 11. Consequently, the defendantis liable to plaintiff as follows: Unpaid balance of instrument $29,153.68 Interest and fees from September 20, 2011 $ 785.72 Attorney's collection fee; $ 1,000.00 Total: $ 30,939.40 WHEREFORE, Plaintiff demands judgment in the sum of $30,939.40 as authorized by the warrant of attorney appearing in the attached instrument. Date: t Respectfully submitted, By: t.? drew H. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff -I--- EXHIBIT BORROWER NAME AND ADDRESS LENDER NAME AND ADDRESS LOAN DESCRIPTION Emporium Design Concept, INC. Cornerstone Federal Credit Union 24 N. Hanover Street P.O.Box 1181 Number 24798-01, Carlisle, PA 17013 5 Eastgate Drive Amount$ 50,000.00 Carlisle, PA 17013 Date March 20.2009 ? Refer to the attached Signature Addendum, incorporated herein, for additional Borrowers and their signatures. COMMERCIAL PROMISSORY NOTE DATE:. The date of this Promissory Note (Note) is March 20 , 2009 GOVERNING AGREEMENT. This Note is further governed by the Commercial Loan Agreement between Lender and Borrower dated Marcl as modified, amended, or supplemented. All definitions of terms in the. Commercial Loan Agreement apply to this Note as well. Upon ezecuti represents that Borrower has reviewed and is in compliance with all Loan Documents and the Commercial Loan Agreement. PROMISE TO PAY. For value received, Borrower promises to pay Lender or Lender's order, at Lender's address, ® $ 5 0 .000.00 ? $ (Principal) or the Borrowing Base, whichever is less. Single Advance. Borrower will receive all of this Principal in one advance. No additional advances are contemplated tinder this Note. ? Multiple Advances. The Principal amount stated above is the maximum amount of Principal that Borrower may borrow under this Note. Borrower will receive $ _ and future advances are contemplated. The conditions for future advances are stated in the Con INTEREST. Borrower aerees to pay interest on the outstanding Principal balance of this Note at the rate of R _ In percent per year until Maz of this Note, Borrower (Principal), mercial Loan Agreement. a _Q ant/ Variable Rate. i II ? Post Maturity/Default Interest. Borrower agrees to pay interest on the unpaid balance of this Note owing after - MATURITY/DEMAND. This Note is Matured on March 20, 2014 PAYMENT. Borrower agrees to pay this Note as follows: Number of Payeents Amount of Payments When Payments 59 $1020.85 20th of each m beginning on Apr 1 $1020.81 Final Payment du March 20,20 1 re Due onth il 20,2009 e on 4 All payments must be made in United States dollars. Each payment Borrower makes on this Note will be applied first to any charges E and interest, then to interest that is due, and finally to Principal that is due. If Lender and Borrower agree to a different application of described on this Note. The actual amount of Borrower's final payment will depend upon Borrower's payment record. USEOFPROCEEDS: Purchase inventory X for Emporium Design Concept, INC. WAIVERS AND CONSENT. Borrower waives protest, presentment for payment, demand and notices of acceleration, intent to accelerate, and ? ADDITIONAL TERMS. ® WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights ; signing below Borrower irrevocably authorizes the prothonotary, clerk, or any attorney to appear in any court of reel over this matter and to confess judgment against Borrower at any time without stay of execution. Borrower waives no and process. Borrower agrees and understands that judgment may be confessed against Borrower for any unpaid prin and accrued charges due on this Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgm power to confess judgment will not exhaust this warrant of authority to confess judgment and may be done as often as L further understands that Borrower's property may be seized without prior notice to satisfy the debt owed. Borrower ki and voluntarily waives any and all constitutional rights Borrower has to pre-deprivation notice and hearing under fedt fully understand the consequences of this waiver. By s ' jm edia y beI 'k ree to the terms of the CONFESSION OF IUDGVENTT seal n. Signature Richard E. Phelan Signature Linda L. Phelan SIGNATURES. By signing below, Borrower agrees to the terms contained in this Note. Borrower also acknowledges receipt of a copy of this Note. BORROWER: Emporium Design Concept, INC. Eq? Name Signature Richard E. Phelan Date z Signature Linda L. Phelan Date LENDER: Cornestone Federal Credit Union Entit Name 3 - acs Signature Z- Date Entity Name Signature Signature Signature COMMERCIAL PROMISSORY NOTE-PA VMP@ Bankers SyetemaT" Wooers Kluwer Financial Services 0 2001, 2007 to Reorder Form: 1-900.552-9410 owes other than Principal s, that application will be (if allowed by law). table to Lender, by having jurisdiction service of process, it, accrued interest, The exercise of the er elects. Borrower ingly, intentionally, and state laws and Date Date Date COMM-NOTE-PA 3/1912007 VMP C504(PA) (0703).00 Page i of 1 GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is made and entered into as of this 20th day of March, 2009 by Richard E. Phelan (the "Guarantor"), with an address at 735 S. Hanover St., Carlisle, PA 17013, in consideration of the extension of credit by Cornerstone Federal Credit Union, (the "Credit Union"), with an address at 5 Eastgate Drive, Carlisle, Pennsylvania, 17013, to Emporium Design Concept, Inc.. (the "Borrower"), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. 1. Guaranty of Obligations. The Guarantor hereby guarantees, and becomes surety for, the prompt payment and performance of all loans, advances, debts, liabilities, obligations, covenants and duties owing by the Borrower to the Credit Union or to any other direct or indirect subsidiary of Cornerstone Federal Credit Union, of any kind or nature, present or future (including any interest accruing thereon after maturity, or after the filing of any petition in bankruptcy or the commencement of any insolvency, reorganization or like proceeding relating to the Borrower whether or not a claim for post-filing or post-petition interest is allowed in such proceeding) whether or not evidenced by any note, guaranty or other instrument, whether arising under any agreement, instrument or document, whether or not for the payment of money, whether arising by reason of an extension of credit, opening of a letter of credit, loan, equipment lease or guarantee, under any interest or currency swap, future, option or other interest rate protection or similar agreement, or in any other manner, whether arising out of overdrafts on deposit or other accounts or electronic funds transfers (whether through automated clearing houses or otherwise) or out of the Credit Union's non-receipt of or inability to collect funds or otherwise not being made whole in connection with depository transfer check or other similar arrangements, whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, .joint or several, due or to become due, now existing or hereafter arising, and any amendments, extensions, renewals or increases and all costs and expenses of the Credit Union incurred in the documentation, negotiation, modification, enforcement, collection or otherwise in connection with any of the foregoing, including reasonable attorneys' fees and expenses (hereinafter referred to collectively as the "Obligations"). If the Borrower defaults under any such Obligations, the Guarantor will pay the amount due to the Credit Union. 2. Nature of Guaranty Waivers. This is a guaranty of payment and not of collection and the Credit Union shall not be required, as a condition of the Guarantor's liability, to make any demand upon or to pursue any of its rights against the Borrower, or to pursue any rights which may be available to it with respect to any other person who may be liable for the payment of the Obligations. This is an absolute, unconditional, irrevocable and continuing guaranty and will remain in full force and effect until all of the Obligations have been indefeasibly paid in full, and the Credit Union has terminated this Guaranty. This Guaranty will remain in full force EXHIBIT 3 and effect even if there is no principal balance outstanding under the Obligations at a particular time or from time to time. This Guaranty will not be affected by any surrender, exchange, acceptance, compromise or release by the Credit Union of any other party, or any other guaranty or any security held by it for any of the Obligations, by any failure of the Credit Union to take any steps to perfect or maintain its lien or security interest in or to preserve its rights to any security or other collateral for any of the Obligations or any guaranty, or by any irregularity , unenforceability or invalidity of any of the Obligations or any part thereof or any security or other guaranty thereof. The Guarantor's obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, deduction or defense based upon any claim the Guarantor may have against the Borrower or the Credit Union, except payment or performance of the Obligations. Notice of acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to time, notice of default, diligence, presentment, notice of dishonor, protest, demand for payment, and any defense based upon the Bank's failure to comply with the notice requirements of the applicable version of Uniform Commercial Code .§ 9-504 are hereby waived. The Guarantor waives all defenses based on suretyship or impairment of collateral. The Credit Union at any time and from time to time, without notice to or the consent of the Guarantor, and without impairing or releasing, discharging or modifying the Guarantor's liabilities hereunder, may (s) change the manner, place, time or terms of payment or performance of or interest rates on, or other terms relating to, any of the Obligations; (b) renew, substitute, modify, amend or alter, or grant consents or waivers relating to any of the Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) apply any and all payments by whomever paid or however realized including any proceeds of any collateral, to any Obligations of the Borrower in such order, manner and amount s the Credit Union may determine in its sole discretion; (d) settle, compromise or deal with any other person, including the Borrower or the Guarantor, with respect to any Obligations in such manner as the Credit Union deems appropriate in its sole discretion; (e) substitute, exchange or release any security or guaranty; or (f) take such actions and exercise such remedies hereunder as provided herein. 3. Repayments or Recovery from the Credit Union. If any demand is made at any time upon the Credit Union for the repayment or recovery of any amount received by it in payment or on account of any of the Obligations and if the Credit Union repays all or any part of such amount by reason of any judgement, decree or order of any court or administrative body or by reason of any settlement or compromise of any such demand, the Guarantor will be and remain liable hereunder for the amount so repaid or recovered to the same extent as if such amount had never been received originally by the Credit Union. The provisions of this section will be and remain effective notwithstanding any contrary action which. may have been taken by the Guarantor in reliance upon such payment, and any such contrary action so taken will be without prejudice to the Credit Union's rights hereunder and will be deemed to have been conditioned upon such payment having become final and irrevocable. 4. Financial Statements. Unless compliance is waived in writing by the Credit Union until all of the Obligations have been paid in full, the Guarantor will promptly submit to the Credit Union such information relating to the Guarantor's affairs (including but not limited to annual financial statements and tax returns for the Guarantor) or any security for the Guaranty as the Credit Union may reasonable request. 5. Enforceability of Obligations. No modification, limitation or discharge of the Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors under federal or state law will affect, modify, limit or discharge the Guarantor's liability in any manner whatsoever and this Guaranty will remain and continue in full force and effect and will be enforceable against the Guarantor to the same extent and with the same force and effect as if any such proceeding had not been instituted. The Guarantor waives all rights and benefits which might accrue to it by reason of any such proceeding and will be liable to the full extent hereunder, irrespective of any modification, limitation or discharge of the liability of the Borrower that may result from any such proceeding. 6. Events of Default. The occurrence of any of the following shall be an "Event of Default". (i) any Event of Default (as defined in any of the Obligations); (ii) any default under any of the Obligations that does not have a defined set of "Events of Default" and the lapse of any notice or cure period provided in such Obligations with respect to such default; (iii) demand by the Credit Union under any of the Obligations that have a demand feature; (iv) the Guarantor's failure to perform any of its obligations hereunder; (v) the falsity, inaccuracy or material breach by the Guarantor of any written warranty, representation or statement made or furnished to the Credit Union by or on behalf of the Guarantor; or (vi) the termination or attempted termination of this Guaranty upon the occurrence of any Event of Default, (a) the Guarantor shall pay to the Credit Union the amount of the Obligations; or (b) on demand of the Credit Union, the Guarantor shall immediately deposit with the Credit Union, in U.S. dollars, all amounts due or to become due under the Obligations and the Credit Union may at any time use such funds to repay the Obligations; or (c) the Credit Union in its discretion may exercise with respect to any collateral any one or more of the rights and remedies provided a secured party under the applicable version of the Uniform Commercial Code; or (d) the Credit Union in its discretion may exercise from time to time any other rights and remedies available to it at law, in equity or otherwise. 7. Right of Setoff. In addition to all liens upon and rights of setoff against the Guarantor's money, securities or other property given to the Credit Union by law, the Credit Union shall have with respect tot the Guarantor's obligations to the Credit Union under this Guaranty and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and the Guarantor hereby assigns, conveys, delivers, pledges and transfers to the Credit Union all of the Guarantor's right, title and interest in and to, all of the Guarantor's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or in transit to the Credit Union or any other direct or indirect subsidiary of Cornerstone Federal Credit Union, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to the Guarantor. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder without any action of the Credit Union, although the Credit Union may enter such setoff on its books and records at a later time. 8. Collateral. This Guaranty is secured by the property described in any collateral security documents which the Guarantor executes and delivers to the Credit Union and by such other collateral as previously may have been or may in the future be granted to the Credit Union to secure any obligations of the Guarantor to the Bank. 9. Costs. To the extent that the Credit Union incurs any costs or expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys; fees and the costs and expenses of litigation, such costs and expenses will be due on demand, will be included in the Obligations and will bear interest from the incurring or payment thereof at the Default Rate (as defined in any of the Obligations). 10. Postponement of Subrozation. Until the Obligations are indefeasibly paid in full, the Guarantor postpones and subordinates in favor of the Credit Union any and all rights which the Guarantor may have to (a) assert any claim against the Borrower based on subrogation rights with respect to payments made hereunder, and (b) any realization on any property of the Borrower, including participation in any marshalling of the Borrower's assets. 11. Power to Confess Judgment The Guarantor hereby empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Guarantor in favor of the Credit Union for the amount of the Obligations and an attorney's commission of the greater of 10% of such principal and interest or $1,000 added as a reasonable attorney's fee, and for doing so this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and releases all errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Credit Union shall elect until such time as the Credit Union shall have received payment in full of the Obligations and costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorney's fees that the Credit Union may recover from the Guarantor shall not exceed the actual attorney's fees incurred by the Credit Union. 12. Notices. All notices, demands, requests, consents, approvals and other communications required or permitted hereunder must be in writing and will be effective upon receipt. Such notices and other communications may be hand-delivered, sent by facsimile transmission with confirmation of delivery and a copy sent by first-class mail, or sent by nationally recognized overnight courier service, to the addresses for the Credit Union and the Guarantor set forth above or to such other address as one may give to the other in writing for such purpose. 13. Preservation of Rights. No delay or omission on the Credit Union's part to exercise any right or power arising hereunder will impair any such right or power to be considered a waiver of any such right or power, nor will the Bank's action or inaction impair any such right or power. The Credit Union's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Credit Union may have under other agreements, at law or in equity. The Credit Union may proceed in any order against the Borrower, the Guarantor or any other obligor of, or collateral securing, the Obligations. 14. Illegality. In case any one or more of the provisions contained in this Guaranty should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15. Changes in Writing. No modification, amendment or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor therefrom will be effective unless made in writing signed by the Credit Union, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Guarantor in any case will entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance. 16. Entire Agreement. This Guaranty (including the documents and instruments referred to herein) constitutes the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the Guarantor and the Bank with respect to the subject matter hereof; provided, however, that this Guaranty is in addition to and not in substitution for, any other guarantees from the Guarantor to the Credit Union. 17. Successors and Assigns. This Guaranty will be binding upon and inure to the benefit of the Guarantor and the Credit Union and their respective heirs, executors, administrators, successors and assigns; provided, however, that the Guarantor may not assign this Guaranty in whole or in part without the Credit Union's prior written consent and the Credit Union at any time may assign this Guaranty in whole or in part. I 18. Interpretation. In this Guaranty, unless the Credit Union and the Guarantor otherwise agree in writing, the singular includes the plural and the plural the singular; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word "or" shall be deemed to include "and/or", the words "including" "includes" and "include" shall be deemed to be followed by the words "without limitation"; and references to sections or exhibits are to those of this Guaranty unless otherwise indicated Section headings in this Guaranty are included for convenience of reference only and shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed by more than one party as Guarantor, the Obligations of such persons or entities will be joint and several. 19. Indemnity. The Guarantor agrees to indemnify the Credit Union, its directors, officers and employees and each legal entity, if any, who controls the Credit Union (the "Indemnified Parties") and to hold each Indemnified party harmless from and against any and all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or external counsel with whom any Indemnified Party may consult and all expenses of litigation or preparation therefor) which any Indemnified Party may incur or which may be asserted against any Indemnified Party as a result of the execution of or performance under this Guaranty, provided, however, that the foregoing indemnity agreement shall not apply to claims, damages, losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity agreement contained in this Section shall survive the termination of this Guaranty. The Guarantor may participate at its expense in the defense of any such claim. 20. Governing Law and Jurisdiction. This Guaranty has been delivered to and accepted by the Credit Union and will be deemed to be made in the State where the Credit Union's office indicated above is located. This Guaranty will be interpreted and the rights and liabilities of the Credit Union and the Guarantor determined in accordance with the Laws of the State where the Credit Union's office indicated above is located, excluding its conflict of laws rules. The Guarantor hereby irrevocably consents to the exclusive jurisdiction of any state or federal court in the county or judicial district where the Credit Union's office indicated above is located; provided that nothing contained in this Guaranty will prevent the Credit Union from bringing any action, enforcing any award or judgment or exercising any rights against the Guarantor individually, against any security or against any property of the Guarantor within any other county, state or other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the venue provided above is the most convenient forum for both the Credit Union and the Guarantor. The Guarantor waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Guaranty. 21. Waiver of Jury Trial. The Guarantor is not an "applicant for credit" under Section 202.2 (e) of the Equal Credit Opportunity Act of 1974 ("ECOA"), the Guarantor acknowledges that (I) this Guaranty, has been executed to provide credit support for the Obligations, and (ii) the Guarantor was not required to execute this Guaranty in violation of Section 202.7(d) of the ECOA. 22. Waiver of Jury Trial. The Guarantor irrevocably waives any and all right the Guarantor may have to a trial by jury in any action, proceeding or claim of any nature relating to this Guaranty, any documents executed in connection with this Guaranty or any transaction contemplated in any of such documents. The Guarantor acknowledges that the foregoing waiver is knowing and voluntary. The Guarantor acknowledges that it has read and understood all the provisions of this Guaranty, including the confession of judgment and waiver of jury trial, and has been advised by counsel as necessary or appropriate. The undersigned hereby certified that it's annual income exceeds $10,000; that all references to "the undersigned" above refer to all persons and entities signing below; and that the undersigned received a copy hereof at the time of signing. WITNESS the due execution hereof as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WITNESS Print Name A ndCeo- Print Name r-6enc-, '%L" C'?L? Richard E. Phelan E . V N ?a Print Name Print Name Account No. 'Z-/'7 i 1S - () f i? r GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is mad and entered into as of this 20th day of March, 2009 by Linda L. Phelan (the "Guarantor"), with an address at 735 S. Hanover St., Carlisle„ PA 17013, in consideration of the extension of credit by Cornerstone Federal Credit Union, (the "Credit Union"), with an address at 5 Eastgate Drive, Carlisle, Pennsylvania, 17013, tol,, Emporium Design Concept, Inc.. (the "Borrower"), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. 1. Guaranty of Obligations. The Guarantor hereby guarantees, and become surety for, the prompt payment and performance of all loans, advances, debts, liabilities, obligations, covenants and duties owing by the Borrower to the Credit Union or to any other direct or indirect subsidiary of Cornerstone Federal Credit Union, of any kind or nature, present or future (including any interest accruing thereon after maturity, or after the filing of any petition in bankruptcy or the commencement of any insolvency, reorganization or like proceeding relating to the Borrower whether or not a claim for post-filing or post-petition interest is allowed in such proceeding) whether or not evidenced by any note, guaranty or other instrument, whether arising under any agreement, instrument or document, whether or not for the payment of money, whether arising by reason of an extension of credit, opening of a letter of credit, loan, equipment lease or guarantee, under any interest or currency swap, future, option or other interest rate protection or similar agreement, or in any other manner, whether arising out of overdrafts on deposit or other accounts or electronic funds transfers (whether through automated clearing houses or otherwise) or out of the Credit Union's non-receipt of or inability to collect funds or otherwise not being made whole in connection with depository transfer check or other similar arrangements, whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint o several, due or to become due, now existing or hereafter arising, and any amendments, extensions, renewals or increases and all costs and expenses of the Credit Union incurre( in the documentation, negotiation, modification, enforcement, collection or otherwise in connection with any of the foregoing, including reasonable attorneys' fees and expenses (hereinafter referred to collectively as the "Obligations"). If the Borrower defaults unde any such Obligations, the Guarantor will pay the amount due to the Credit Union. 2. Nature of Guaranty Waivers. This is a guaranty of payment and not of collection and the Credit Union shall not be required, as a condition of the Guarantor liability, to make any demand upon or to pursue any of its rights against the Borrower, c to pursue any rights which may be available to it with respect to any other person who may be liable for the payment of the Obligations. This is an absolute, unconditional, irrevocable and continuing guaranty and will remain full force and effect until all of the Obligations have been indefeasibly paid in full, and the Credit Union has terminated this Guaranty. This Guaranty will remain in full force EEXXHIB and effect even if there is no principal balance outstanding under the Obligations at a particular time or from time to time. This Guaranty will not be affected by any surrender, exchange, acceptance, compromise or release by the Credit Union of any other party, or any other guaranty or any security held by it for any of the Obligations, by any failure of the Credit Union to take any steps to perfect or maintain its lien or security interest in or to preserve its rights to any security or other collateral for any of the Obligations or any guaranty, or by any irregularity, unenforceability or invalidity of any of the Obligations or any part thereof or any security or other guaranty thereof. The Guarantor's obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, deduction or defense based upon any claim the Guarantor may have against the Borrower or the Credit Union, except payment or performance of the Obligations. Notice of acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to time, notice of default, diligence, presentment, notice of dishonor, protest, demand for payment, and any defense based upon the Bank's failure to comply with the notice requirements of the applicable version of Uniform Commercial Code. § 9-504 are hereby waived. The Guarantor waives all defenses based on suretyship or impairment of collateral. The Credit Union at any time and from time to time, without notice to or the consent of the Guarantor, and without impairing or releasing, discharging or modifying the Guarantor's liabilities hereunder, may (s) change the manner, place, time or terms of payment or performance of or interest rates on, or other terms relating to, any of the Obligations; (b) renew, substitute, modify, amend or alter, or grant consents or waivers relating to any of the Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) apply any and all payments by whomever paid or however realized including any proceeds of any collateral, to any Obligations of the Borrower in such order, manner and amount s the Credit Union may determine in its sole discretion; (d) settle, compromise or deal with any, other person, including the Borrower or the Guarantor, with respect to any Obligations in such manner as the Credit Union deems appropriate in its sole discretion; (e) substitute, exchange or release any security or guaranty; or (f) take such actions and exercise such remedies hereunder as provided herein. 3. Repayments or Recovery from the Credit Union. If any demand is made at any time upon the Credit Union for the repayment or recovery of any amount received by it in payment or on account of any of the Obligations and if the Credit Union repays all or any part of'such amount by reason of any judgement, decree or order of any court or administrative body or by reason of any settlement or compromise of any such demand, the Guarantor will be and remain liable hereunder for the amount so repaid or recovered to the same extent as if such amount had never been received originally by the Credit Union. The provisions of this section will be and remain effective notwithstanding any contrary action which may have been taken by the Guarantor in reliance upon such payment, and any such contrary action so taken will be without prejudice to the Credit Union's rights hereunder and will be deemed to have been conditioned upon such payment having become final and irrevocable. pp.y R k' 4. Financial Statements. Unless compliance is waived in writing by the Credit Union until all of the Obligations have been paid in full, the Guarantor will promptly submit to the Credit Union such information relating to the Guarantor's affairs (including but not limited to annual financial statements and tax returns for the Guarantor) or any security for the Guaranty as the Credit Union may reasonable request. 5. Enforceability of Obligations. No modification, limitation or discharge of the Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors under federal or state law will affect, modify, limit or discharge the Guarantor's liability in any manner whatsoever and this Guaranty will remain and continue in full force and effect and will be enforceable against the Guarantor to the same extent and with the same force and effect as if any such proceeding had not been instituted. The Guarantor waives all rights and benefits which might accrue to it by reason of any such proceeding and will be liable to the full extent hereunder, irrespective of any modification, limitation or discharge of the liability of the Borrower that may result from any such proceeding. fi. Events of Default. The occurrence of any of the following shall be an "Event of Default". (i) any Event of Default (as defined in any of the Obligations); (ii) any default under any of the Obligations that does not have a defined set of "Events of Default" and the lapse of any notice or cure period provided in such Obligations with respect to such default; (iii) demand by the Credit Union under any of the Obligations that have a demand feature; (iv) the Guarantor's failure to perform any of its obligations hereunder; (v) the falsity, inaccuracy or material breach by the Guarantor of any written warranty, representation or statement made or furnished to the Credit Union by or on behalf of the Guarantor; or (vi) the termination or attempted termination of this Guaranty upon the occurrence of any Event of Default, (a) the Guarantor shall pay to the Credit Union the amount of the Obligations; or (b) on demand of the Credit Union, the Guarantor shall immediately deposit with the Credit Union, in U.S. dollars, all amounts due or to become due under the Obligations and the Credit Union may at any time use such funds to repay the Obligations; or (c) the Credit Union in its discretion may exercise with respect to any collateral any one or more of the rights and remedies provided a secured party under the applicable version of the Uniform Commercial Code; or (d) the Credit Union in its discretion may exercise from time to time any other rights and remedies available to it at law, in equity or otherwise. 7. Right of Setoff. In addition to all liens upon and rights of setoff against the Guarantor's money, securities or other property given to the Credit Union by law, the Credit Union shall have with respect tot the Guarantor's obligations to the Credit Union under this Guaranty and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and. the Guarantor hereby assigns, conveys., delivers, pledges and transfers to the Credit Union all of the Guarantor's right, title and interest in and to, all of the Guarantor's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or in transit to the Credit Union or any other direct or indirect subsidiary of Cornerstone Federal Credit Union, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to the Guarantor. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder without any action of the Credit Union, although the Credit Union may enter such setoff on its books and records at a later time. 8. Collateral. This Guaranty is secured by the property described in any collateral security documents which the Guarantor executes and delivers to the Credit Union and by such other collateral as previously may have been or may in the future be granted to the Credit Union to secure any obligations of the Guarantor to the Bank. 9. Costs. To the extent that the Credit Union incurs any costs or expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys; fees and the costs and expenses of litigation, such costs and expenses will be due on demand, will be included in the Obligations and will bear interest from the incurring or payment thereof at the Default Rate (as defined in any of the Obligations). 10. Postponement of Subrogation. Until the Obligations are indefeasibly paid in full, the Guarantor postpones and subordinates in favor of the Credit Union any and all rights which the Guarantor may have to (a) assert any, claim against the Borrower based on subrogation rights with respect to payments made hereunder, and (b) any realization on any property of the Borrower, including participation in any marshalling of the Borrower's assets. 11. Power to Confess JudEment The Guarantor hereby empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Guarantor in favor of the Credit Union for the amount of the Obligations and an attorney's commission of the greater of 10% of such principal and interest or $1,000 added as a reasonable attorney's fee, and for doing so this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and releases all errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Credit Union shall elect until such time as the Credit Union shall have received payment in full of the Obligations and costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorney's fees / that the Credit Union may recover from the Guarantor shall not exceed the actual attorney's fees incurred by the Credit Union. 12. Notices. All notices, demands, requests, consents, approvals and other communications required or permitted hereunder must be in writing and will be effective upon receipt. Such notices and other communications may be hand-delivered, sent by facsimile transmission with confirmation of delivery and a copy sent by first-class mail, or sent by nationally recognized overnight courier service, to the addresses for the Credit Union and the Guarantor set forth above or to such other address as one may give to the other in writing for such purpose. 13. Preservation of Rights. No delay or omission on the Credit Union's part to exercise any right or power arising hereunder will impair any such right or power to be considered a waiver of any such right or power, nor will the Bank's action or inaction impair any such right or power. The Credit Union's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Credit Union may have under other agreements, at law or in equity. The Credit Union may proceed in any order against the Borrower, the Guarantor or any other obligor of, or collateral securing, the Obligations. 14. Illegality. In case any one or more of the provisions contained in this Guaranty should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15. Changes in Writing. No modification, amendment or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor therefrom will be effective unless made in writing signed by the Credit Union, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Guarantor in any case will entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance. 16. Entire Agreement. This Guaranty (including the documents and instruments referred to herein) constitutes the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the Guarantor and the Bank with respect to the subject matter hereof; provided, however, that this Guaranty is in addition to and not in substitution for, any other guarantees from the Guarantor to the Credit Union. 17. Successors and Assigns. This Guaranty will be binding upon and inure to the benefit of the Guarantor and the Credit Union and their respective heirs, executors, administrators, successors and assigns; provided, however, that the Guarantor may not assign this Guaranty in whole or in part without the Credit Union's prior written consent and the Credit Union at any time may assign this Guaranty in whole or in part. 18. Interpretation. In this Guaranty, unless the Credit Union and the Guarantor otherwise agree in writing, the singular includes the plural and the plural the singular; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word "or" shall be deemed to include "and/or", the words "including" "includes" and "include" shall be deemed to be followed by the words "without limitation"; and references to sections or exhibits are to those of this Guaranty unless otherwise indicated Section headings in this Guaranty are included for convenience of reference only and shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed by more than one party as Guarantor, the Obligations of such persons or entities will be joint and several. 19. Indemnity. The Guarantor agrees to indemnify the Credit Union, its directors, officers and employees and each legal entity, if any, who controls the Credit Union (the "Indemnified Parties";) and to hold each Indemnified party harmless from and against any and all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or external counsel with whom any Indemnified Party may consult and all expenses of litigation or preparation therefor) which any Indemnified Party may incur or which may be asserted against any Indemnified Party as a result of the execution of or performance under this Guaranty, provided, however, that the foregoing indemnity agreement shall not apply to claims, damages, losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity agreement contained in this Section shall survive the termination of this Guaranty. The Guarantor may participate at its expense in the defense of any such claim. 20. Governing Law and Jurisdiction. This Guaranty has been delivered to and accepted by the Credit Union and will be deemed to be made in the State where the Credit Union's office indicated above is located. This Guaranty will be interpreted and the rights and liabilities of the Credit Union and the Guarantor determined in accordance with the Laws of the State where the Credit Union's office indicated above is located, excluding its conflict of laws rules. The Guarantor hereby irrevocably consents to the exclusive jurisdiction of any state or federal court in the county or judicial district where the Credit Union's office indicated above is located; provided that nothing contained in this Guaranty will prevent the Credit Union from bringing any action, enforcing any award or judgment or exercising any rights against the Guarantor individually, against any security or against any property of the Guarantor within any other county, state or other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the venue provided above is the most convenient forum for both the Credit Union and the Guarantor. The Guarantor waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Guaranty. 21. Waiver of Jury Trial. The Guarantor is not an "applicant for credit" under Section 202.2 (e) of the Equal Credit Opportunity Act of 1974 ("ECOA"), the Guarantor acknowledges that (I) this Guaranty has been executed to provide credit support for the Obligations, and (ii) the Guarantor was not required to execute this Guaranty in violation of Section 202.7(d) of the ECOA. 22. Waiver of Jury Trial. The Guarantor irrevocably waives any and all right the Guarantor may have to a trial by jury in any action, proceeding or claim of any nature relating to this Guaranty, any documents executed in connection with this Guaranty or any transaction contemplated in any of such documents. The Guarantor acknowledges that the foregoing waiver is knowing and voluntary. The Guarantor acknowledges that it has read and understood all the provisions of this Guaranty, including the confession of judgment and waiver of jury trial, and has been advised by counsel as necessary or appropriate. The undersigned hereby certified that it's annual income exceeds $10,000; that all references to "the undersigned" above refer to all persons and entities signing below; and that the undersigned received a copy hereof at the time of signing. WITNESS the due execution hereof as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WITNESS 14a4-1- 1 11 -" Print Name T Print Name Linda L. Phelan 1 I _ ! i 1? CA o. Print Name Print Name Account No. 7, , 7 q! s_ 0 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI-A7- CORNERSTONE FEDERAL NO./) el't1t ! 1 t"&,,? CREDIT UNION . Plaintiff V. EMPORIUM DESIGN CONCEPT, INC., : RICHARD E. PHELAN, and LINDA L. PHELAN, Defendants CONFESSION OF JUDGMENT FOR MONEY p NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS To: Emporium Design Concept, Inc. A judgment in the amount of $30,939.40 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after Thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS :PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE, OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 1701.3 (717) 243-3166 Date: f l? `yr j ?l /r / By: ndrew . Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff LAW OFFICE OF ANDREW K SHAW,AC �' ` Andrew H. Shaw,Esquire 2013 MAR 21 PM 2` 59 I.D. No: 87371 200 S. Spring Garden St., Suite 11 CUMBERLAND �,OUNTY Carlisle, PA 17013 PENNSYLVANIA (717) 243-7135 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CORNERSTONE FEDERAL NO. 12-4349 CREDIT UNION Plaintiff o�p 106 V. tJ• ���'P� CONFESSION OF JUDGMENT a� FOR MONEY EMPORIUM DESIGN CONCEPT,INC.,: RICHARD E. PHELAN,and LINDA L. PHELAN, Npe�3} Defendants PA 11613 PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, (1) Directed to the Sheriff of Cumberland County; (2) Against Emporium Design Concept, Inc. (3) Against N/A , Garnishee; (4) And enter this writ in the judgment index (a) Against Emporium Design Concept, Inc., Richard E. Phelan and Linda L. Phelan, Og Defendants, *M.5o PpAlty q(*-00 Gr81r (b) Against N/A as garnishee, 74.s0 - to as a lis pendens against personal property of Defendants as follows: $. So LL nn #a.aS Que Oz 641888 80 a8837y h>+i$WW Any and all inventory, equipment and fixtures located at 24 North Hanover Street, Carlisle, PA 17013, and any and all personal property, fixtures and belongings located at 735 South Hanover Street, Carlisle, PA 17013. (5) Amount Due $30,939.40 Interest from July 13, 2012 $ 1,500.00 Attorneys' fees $ 1,000.00 (Costs to be added) $ Certification I certify that (a) This praecipe is based upon a judgment entered by confession,and (b) Notice will be served with the writ of execution pursuant to Rule 2958.3. Respectfully submitted, Date: �7,-- `.S By: -2ziL Andrew H. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CORNERSTONE FEDERAL NO. 12-4349 CREDIT UNION Plaintiff cz V. CONFESSION OF JUDGMEA • C/)r- FOR MONEY -,<IN r-.r EMPORIUM DESIGN CONCEPT,INC.,: RICHARD E. PHELAN, and LINDA L.PHELAN, A.) cad-3 Defendants NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights To: Emporium Design Concept, Inc. Richard E. Phelan Linda L. Phelan Defendants A judgment in the amount of$30,939.40 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently, and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the petition to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of Cumberland County at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 Respectfully submitted, Date: By: drew . Shaw, Esquire Law Office of Andrew H. Shaw, P.C. Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CORNERSTONE FEDERAL NO. 12-4349 CREDIT UNION Plaintiff V. CONFESSION OF JUDGMENT FOR MONEY EMPORIUM DESIGN CONCEPT,INC.,: RICHARD E. PHELAN,and LINDA L. PHELAN, Defendants PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Notice of the hearing should be given to me at Street Address City, State Telephone Number Date: By: Defendant(s) AxAhr � COMMONWEALTH OF PENNSYLVANIA) NO 12-4349 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CORNERSTONE FEDERAL CREDIT UNION, Plaintiff(s) From EMPORIUM DESIGN CONCEPT,INC.,24 N.Hanover St.,Carlisle,PA 17013 RICHARD E.PHELAN and LINDA L.PHELAN,735 S.Hanover St,Carlisle,PA 17013 (1) You are directed to levy upon the property of the defendant(s)and to sell any and all inventory, equipment and fixtures located at 24 North Hanover Street,Carlisle,PA 17013,and any and all personal property,fixtures and belongings located at 735 South Hanover Street,Carlisle,PA 17013. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$30,939.40 Plaintiff Paid$ Interest from 7/13/12 -- $1,500.00 Attorney's Comm. % Law Library$.50 Attorney Paid$74.50 Due Prothonotary$2.25 Other Costs$1,000.00 Attorney Fees Date: 3/27/13 David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name : ANDREW H.SHAW,ESQUIRE Address: LAW OFFICE OF ANDREW H.SHAW,PC 200 W.SPRING GARDEN ST,SUITE 11 CARLISLE,PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-7135 Supreme Court ID No. 87371 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ff Sheriff ‘,AD ct itni w. Jody S Smith 4" �. Chief Deputy 20I4 FEB 26 PM Richard W Stewart CUMBERLAND COUNTY Solicitor `` - PENNSYLVANIA Cornerstone Federal Credit Union Case Number vs. Emporium Design Concept, Inc. (et al.) 2012-4349 SHERIFF'S RETURN OF SERVICE 04/10/2013 Deputies were at the business address prepared to do the levy; owner of business advised that there was an agreement already in place with the bank, to which we were never notified. Attorney Shaw requested we put a"hold"on the writ for now. 02/26/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. Writ was placed on "hold" by attorney Shaw. Writ has now expired. SHERIFF COST: $78.78 SO ANSWERS, X4";} February 26, 2014 RONfY R ANDERSON, SHERIFF fri,ra LAW OFFICE OF ANDREW H. SHAW, P.C. By: Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 HLEDfr - THE PROTHONG 25 I DEC 12 PM 12: 3-/ CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE FEDERAL NO. 12-4349 CREDIT UNION Plaintiff .• v. CONFESSION OF JUDGMENT FOR MONEY EMPORIUM DESIGN CONCEPT, INC., : RICHARD E. PHELAN, and LINDA L. PHELAN, • • Defendants .• PRAECIPE TO SATIFSY, SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above -captioned matter satisfied, settled and discontinued with prejudice. Date: By: Respectfully Submitted LAW OFFICE OF ANDREW H. SHAW, RC. Andrew H. Shaw, Esquire I.D. No. 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Satisfy, Settle and Discontinue, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Date: ./� ( Emporium Design Concepts, Inc. 24 North Hanover Street Carlisle, PA 17013 Defendant Andrew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff