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HomeMy WebLinkAbout12-5061 CI~NTRIC BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION -LAW v. MATTHEW STAHL and MARIA STAHL, NO. j ~ C` u.. I . V VQ Defendants . ~ -v U1 ~ PRAECIPE FOR ENTRY OF JUDGMENT ~ ALL,.: Td: The Prothonotary c ~ ~ to Pursuant to the attached Entry of Judgment, please enter judgment in favor of t y Pl~intiff Centric Bank and against the Defendants Matthew Stahl and Maria Stahl, and damag s ar~ assessed in the amount of $335,029.06 together with interest from the date of judgme t ac~ruing at the rate of $40.77 per day plus costs of collection. BROADS & SINON LLP Timothy J. Nieman Stephanie E. DiVittore One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Defendants Matthew Stahl d Maria Stahl for purposes of confession of judgment ~ 57~ Q ~ x-793 ~ _ _ _ _ _ _ ~ Tir#?othy J. Nieman, Esquire Attorney LD. No. 66014 tni~man@rhoads-sinon.com Ste~hanie E. DiVittore, Esquire Attorney LD. No. 85906 sdi' ittore@rhoads-sinon.com OADS & SINON LLP On South Market Square, 12th Floor P. .Box 1146 r. , H isburg, PA 1 7 1 08-1 146 ~ Ph ne: (717) 233-5731 ~ 3 ^3 Fa : (717) 231-6637 ~ w~:' Attorneys for Plaintiff ~ ~1{~.; ~ _ ~ 'T C~NTRIC BANK, IN THE COURT OF COMMOI~EO CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA - ~ v CIVIL ACTION -LAW MATTHEW STAHL and MARIA STAHL, NO• ' Co ~ C~fL ~ Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy f which is attached to the Complaint filed in this action, I appear for the defendant and confe s judgment in favor of the plaintiff and against the defendants as follows, plus interest and co is from the date of judgment and costs of collection as follows: ~ _ ~ t Timothy J. Nieman, Esquire ~ ~ 1 ~ e ~ a ~ ~ ~ ' m~A, ~ s ~ i~ Attorney I.D. No. 66014 r , ~ ~ ~ ~ ~ ~ ~ 4 ? ~ ~ tni~man@rhoads-sinon.com . ~ ~ j St@phanie E. DiVittore, Esquire Attorney I.D. No. 85906 4~ ~ r, i ~ ~ ~ ~ f Y sd~vittore@rhoads-sinon.com ~t ~ ° I GADS & SINON LLP O e South Market Square, 12th Floor P. .Box 1146 H rrisburg, PA 17108-1146 Ph~ne: (717) 233-5731 Fa~C: (717) 231-6637 A orneys for Plaintiff C1~NTRIC BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v CIVIL ACTION -LAW MATTHEW STAHL and MARIA STAHL, NO. ~ ~ - Sd ~ ~ Cw~ I Defendants COMPLAINT IN CONFESSION OF JUDGMENT NOW COMES Plaintiff Centric Bank, by its undersigned attorneys, Rhaads & Sin n LI~,P, and files the within Complaint in Confession of Judgment, stating as follows: 1. Centric Bank ("Plaintiff' or "Bank") is a Pennsylvania Banking Institution havi g a principal place of business located at 4320 Linglestown Road, Harrisburg, Dauphin Coun , Pennsylvania 17112. 2. Defendant Matthew Stahl ("Mr. Stahl") is an adult individual with an address f 1208 Musket Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant Maria Stahl ("Mrs. Stahl") is an adult individual with an address f 1 ~08 Musket Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. ss9~as.i 4. On June 30, 2010, in consideration of a commercial loan from Centric Bank ~o M~. and Mrs. Stahl in the original, principal amount of $310,000 ("Loan"), Mr. and Mrs. Sta~l exjecuted and delivered to Centric Bank a Promissory Note evidencing Mr. and Mrs. Stahl's obligation to repay the principal sum of $310,000 plus interest until paid in full ("the Lo N~te"). (A copy of the Loan 1 Note is attached hereto as Exhibit "A" and incorporated herein y re~erence). 5. Pursuant to the terms of the Loan Note, the Stahls were obligated to make o e pr~ncipal payment in the amount of $310,000 plus interest on June 30, 2011. (Exhibit A). 6. On June 30, 2011, the Stahls and Centric Bank entered into a Change in Te s A~reement modifying the terms of the Loan Note. (A copy of the Change in Terms Agreeme t is attached hereto as Exhibit "B" and incorporated herein by reference). 7. The Loan Change in Terms Agreement changed the maturity date on the Lo frdm June 30, 2011 until December 31, 2012. (Exhibit B). 8. The Loan Change in Terms Agreement further changed the principal amount n the Loan to $293,064.20. (Exhibit B). 9. The Stahls failed to make the November, 2011 interest payment and continued o fa~l to pay the same. Further, the Stahls failed to pay their real estate taxes or provide current t x re~urns or annual financial statements as required under the Loan Documents. 10. As set forth above, the Stahls defaulted under its obligations for Loan in failing o m~lce the required payments and in failing to provide the required financial information. 11. On July 19, 2012, Centric Bank sent notice of default to the Stahls declaring event of default for failure to pay under the Loan Note, notifying the Stahls of such event f i ~ default and, although not necessary under the relevant documents, Centric Bank provided tlpe St~hls with an opportunity to cure such default by payment within fifteen (15) days. (A copy ~f the Notice of Default is attached hereto as Exhibit "C" and incorporated herein by reference). 12. Following receipt of the Notice of Default, Defendants failed and refused top y th$ obligations under the Loan Note which constitutes a default under the Loan Note. 13. The Loan Note contains the following confession of judgment provisions whi h err~powers any attorney of any court of record to appear for and enter judgment agai st Defendants and in favor of Centric Bank: CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY' S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500.00) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST THE BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING 1N CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT IN STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. (Exhibit A). 14. Further, each of the Defendants executed a Disclosure for Confession f Judgment expressly acknowledging that the Note contains a confession of judgment provisi n that would permit lender to enter judgment in court without advance notice or without offeri g an'i opportunity to defend. (Copies of the Disclosures are attached hereto as Exhibit "D" d incorporated by reference). 15. Judgment is not being entered by confession against a natural person n connection with a consumer credit transaction. 16. The above referenced Note has not been assigned. 17. The Change in Terms Agreement referenced herein has not been assigned. 18. Judgment has not been entered on the Note in any jurisdiction. 19. The actual amounts presently due and payable to Centric Bank under the Loan is ite~ized as follows: Principal sum: $293,564.20 Interest: $11,611.44 Late Charges: $497.00 SUB-TOTAL $305,672.64 *Interest accrues at per diem rate of $40.77, as indicated through 8/10/12 ATTORNEYS' FEES $29,356.42 TOTAL $335,029.06 WHEREFORE Plaintiff Centric Bank demands judgment in its favor and against Defendants Matthew Stahl and Maria Stahl, jointly and severely, in the amount of $335,029.(6 I together with accruing interest at $40.77 per diem, costs of suit, attorneys fees, and such oth r charges as authorized by the warrants contained in the Note referenced herein. Respectfully submitted, BROADS & SINON LLP Timothy J. Nieman Stephanie E. DiVittore One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants Matthew Stahl d Maria Stahl for purposes of confession of judgment; Attorneys for Plaintiff Centric Bank for all other purposes VERIFICATION i Jeffrey W, Myers, deposes and says, subject to the penalties of 18 Pa. C.S. §9909 relating ~o unswarn falsification to authorities, that he is the Executive Vice President and Chief Lending ~fficer for Centric Bank, that he makes this verification by its authority and that the facts set ~orth in the Complaint in Confession of judgment are true and correct to the best of his knowledge, informa#ion and belief, >ate J s i I~ i i _ _ i- i i I _ _ _ - T ~ PROMISSORY NOTE Loan Nn: 6164883 (COntlnUed) Page 2 Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. ` Insecurity. Lender In good faith believes itself insecure. Curq Provisions. if any default, other than a default in payment or failure to satisfy Lender's requirement in the insufficient Merk t Value of Sect}rhies section fs curable and (f Borrower has not been given a notice of a breach of the same provision of this Note within th preceding iwellre !12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: 111 auras the ~afault within fifteen {15} days; or 121 if the cure requires more than fifteen (15) days, immediately initiates steps which Le der deems in L nder's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and nece sexy steps suffi tent to produce compliance as soon as reasonably practical. LENDER' RIGHTS. Upon defiault, Lander may, after giving such notices as required by applicable law, declare the entire unpai principal balance. u~tder this. Note .end .ail. accrued unpaid InterESt immediately due, and than Borrower wi(i pay -they amount, DEPOSIT RELATIONSHIP. Borrowers shall maintain an active deposit account relatlonshfp with Lander throughout the term of the Loa . ATTORN YS' FEES; EXPENSES. Lander may hire or pay someone else to help coilect this Note if Borrower does not pay. Barrow r wiq pay Lender th~t amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether r not there is a lawsuit, lnctuding reasonable attorneys' foes, expenses for bankruptcy proceedings (including efforts to modify or vacate an automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any Court Casts, in ddltion to all other ms provided by law. GOVERNI G LAW. This Note wil[ be governed by federal taw applicable to Lender and, to the extant not preempted by federal taw, t e laws of the Com onwaalth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Len er in the Common ealth of Pennsylvania. CHOICE F VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Oauph n County, Common ealth of Pennsylvania. DISHONORED ITEM FEE. Borrower wilt pay a fee to Lender of S3D.00 ifi Borrower makes a payment on Borrower`s loan and the chock or preauthori ed charge with which Borrower pays (s Inter dishonored. RIGHT OF SETOFF. To the extent permitted by applicable taw, Lender reserves a right of semff In ell Borrower's accounts with Lende iwhethar checking, avings, or soma other account?. This includes all accounts Borrower holds Jointly with someone else and ail accounts Borr war may open In t future. However, this does not include any IRA ar Keogh accounts, or any trust accounts for which setoff would ba pro ibited by law. 8orr war authorizes Lender, to the extent permitted by applicable law, to charge or setoff ail sums owing an the Indebtedness a ainst any and ell su h accounts. COLLATE AL. Borrower acknowledges this Note is secured by the fallowing copateral described in the security instruments listed here n: {Ai ',a Mortgage dated Juna 30, 2010, to Lander on real property described as "Real Property located at 1208 Mus et Lane, Mech~antcsburg, PA 37050" and located In Cumberland County, Commonwealth of Pennsylvania. {e} ~ Assignment of All Rents to Lender on real property described as "Real Property located at 16 Evergreen Street, Hart's burg, PA 1710, and 26 South 3rd Street, Steelton, PA 17i 73" and located in Dauphin County, Commonwealth of Pennsylvania. 4C} a'. Mortgage dated June 30, 2010, to Lender on real property described as "Real Property located at 16 Evergreen Street, H rrisburg, PA 1'104 and 26 South 3rd Street, Steelton, PA 17i 13" and located to Dauphin County, Commonwealth of Pennsylvania. {D1 s curit(ea or investment property and a note or an instrument described in a Commercial Pledge Agreement dated June 30, 20 0. PROPERT INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Nate. Further fnformatia concerning this requirement is sat forth in the Pledge Agreement and Mortgage and in the Agreement to Provide lnsuran ,ail the terms and '~COnditlons of which are hereby incorporated and made a part of this Note. SUCCESS R INTERESTS. The terms of this Note shall be binding upon eorrowsr, and upon Borrower's heirs, personal repres ntatlves, successor end assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY U OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Borrower may .notify Lender Lender reports any inaccurate information about Borrower's aecaunt(s} to a consumer reporting agency. Borrower's written notice descr bang the specific inr~ccuracyltes} should be sent to Lender at the fallowing address: CENTRIC BANK P. O. BOX fi2080 Harrisburg, PA 17108-20 0. GENERAL ROV1510NS. If any part of this Nota cannot be enforced, this fact will not affect the rest of the Nata. Lender may delay or Fargo enforcing ny of its rights or remedies under this Note without losing them. Each Borrower understands and agrees thaf, with or witho t notice to Borrow r, Lender may with respect to any other Borrower (a1 make one or more additional secured or unsecured loans or otherwis extend additional redit; (b} alter, compromise, renew, extend, accelerate, or otherwise change ono or mare times the time for payment or of r terms of any ind btadness, Encluding increases and decreases of the rate of interest on the Indebtedness; (c} exchange, enforce, waive, sub rdinate, fail or deci a not to perfect, and release any security, with or without the substitution of new collateral; {d} apply such security end tact the order or m near of sale thereof, including without limitation, any non-judfaiat sale permitted by the terms of the controlling security ag ements, as Lender n its discretion may determine; (e] raiease, substitute, agree not to sue, or deal with any one or more of Borrower's ureties, endorsers, or other guarantors on any farms or in any manner Lender may choose; end (f} determine how, when and what app{i ation of payments nd credits shalt be rnada on any other indebtedness owing by such other Borrower. Borrower and any other person w signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. U on any change in a terms of this Note, and unless otherwise expressly stated in writing, na party who signs this Nate, whether as maker, g grantor, accommod floe maker or endorser, steel! be released from iiabliity. Ari such parties agree that Lender may renew ar extend ;repeated! and for any length f time) this loan or release any party or guarantor or collateral; ar impair, fail to realize upon or perfect Landar's security in crest in the coileter E; and take any other action deemed necessary by Lender without the consent of or notice to anyone. Ali such parties al o agree that Lende may modify this loan without the consent of or notice to anyone other than the party with wham the modification is ma e. The obligations nder this Nate are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it wip n t effect the enforce bility of any ether provisions of this Note. CONFESSI N OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY R THE PROTHON TARY OR CLERK OF ANY COURT 1N THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT A Y TIME FQR BORR WER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JU MENT AGAINST ORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND A Y AND ALL AMOU T5 EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OFTEN PERCENT (109'0} OF THE UNPAID PRINCIPAL BALANCE AND ACCRUE? INTER T FOR ~ PROMISSORY NOTE Loan Nn: 61648$3 (ContlTlUed} Fage 3 COLLECT ON, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDAED DOLLARS {$506{ ON WHICH JUDGMENT OR JUDGMENT ONE OA MORE E CUTIONS MAY ISSUE IMMEDIATELY; AND FOR 50 DOING, THIS NOTE OA A COPY OF THIS NOTE VERIFIED BY AFFIDA IT SHALL BE SUFFI TENT WARRANT. THE AUTHORITY GRANTED IN TH15 NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHA NOT BE EXHAUS ED BY ANY EXERCI5E OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PA MENT IN FULL OF l4LL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVE5 ANY RIGHT BORROWEA MAY HAVE TO NOTIC OR TO A HEARING'.. IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE O LENDER SPECIFIC LLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BOAROWEA'S ATTENTION OR BORROWER S BEEN REPRESE TED BY INDEPENDENT LEGAL COUNSEL. PRIOR T SIGNING THIS NOTE, EACH BORROWER READ AND UNRERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH B RROWER AGREES O THE TEAMS OF THE NOTE. BORROW R ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NO E 1S GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE £FF CT dF A SEALED I STRUMENT ACCORDING TO LAW. BORROW~R: ~n pQ ISe I} Matthew C. Stahl Marla M. Stahl lASfR PIIO Le:Wi:q, Vu. 9 s~ m me Cap. Mnlrtl FwnaY Eeluibaa, 4ie. 1997. 7D10. N IgpLl. ilaaan.tl. • PA C:Ifg09 W7EiCR1LRW70.FC 7q•Igl fll~lq EXHIBIT "B" l_. ( IANGE IN TERMS AGREEM~~~T_'. =m. ~ ~ . _ . t ma~_-'silt... - . ~ fi ~ - _ _ _ _ _ Refere ces in the boxes above are for Lender's use only end da not Iimlt the applicability of this document to any particular loan or tem. Any item above containing " • • has been omitted due to text length limitations. Barrawerl: Matthew C. Stahl Lender: CENTRIC BANK Maria M. Stahl SILVER SPRING OFFICE 1208 Muskat Lans 4820 LINGLESTDWN ROAD Mechanicsburg, PA 17050 HARRISBURG, PA 17112 (717) 591-1360 Principal Amount: X293,064.20 Date of Agreement:_~ p 7-x_1;1_ Maturity Date: Decembe 31, 2012 DESCRIP ION OF EXISTING INDEBTEDNESS. Promissory Note dated June 3D, 201D 1n the origi I pri c al amount of 5310,000.0 execute and deliv red by Borrower to Lender. r?b~~31 bESCRIP ION OF CHANGE IN TERMS, The maturity date on the Loan is hereby extended from n , 2011 t~/o-"ltr~'u'r1t361 2032. T e est rate on a Loan will be modified from a fixed interest rata of 6.60% to a floating rate equal to the ell Street Joumel Prime rata plu a margin of 1.00% with a floor of 5.00%. PROMISE TO PAY. Matthew C. Stahl and Maria M. Stahl ("Borrower"} jointly and severally promise to pay to CENTRIC BANK ["L nder"!. or order, in awful money of the United States of America, the principal amount of Two Hundred Ninety-three Thaueand Sixty-four 201700 Dollars 1$ 93,064.20}, together with interest on the unpaid principal balance from June 30, 2011, until paid in full. PAYME Borrower will pay this loan in one principal payment of $283,064.20 plus interest on December 31, 2012. This paym nt due on Decembe 31, 2012, wi{I be for all principal and ail accrued interest not yet paid. In addition, Borrower will pay regular monthly pay ants of all accrued npaid interest due as of each payment date, beginning July 30, 2011, with alt subsequent Irtterast payments to be due on the same day of e h month after that. Unless otherwise agreed or required by applicable law, payments wiG be appged first to any acct d unpaid interest; hen to principal; then to any late charges; and then to any unpaid coliection costs. Borrower wilt pay Lander at Lender address shown ab ve or et such other place as Lender may designate in writing. VARIABL INTEREST RATE. The interest rata nn thla loan Is subject to change from time to time based on changes in an indepen ant index which is a The Wall Street JoumaE Prime (the "Index"). The Index is not necesserpy the lowest rats charged by Lender on its loo s. If the index bec mes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lend r will tel{ Harrower ha current index rate upon Borrower's request. Tha interest rate change will not occur more often than each and eve time the prime rat changes. Borrower understands that Lender may make loans based on other rates as well. The index currently is 3. 50% per annum. nterest on the unpaid principal balance of this loan will bs calculated as described in the "INTEREST CALCULATION ETHOQ" paragraph using a rats of 1.000 percentage point over the index, adjusted if necessary for any minimum and maximum rate limitattans ascribed below, re ulting in en initial rate of 5.00095 per annum based on a year of 360 days. NOTICE: Under no etrcumstances will the intare t rate on this loan a less then 6.00096 per annum ar more than the maximum rate allowed by applicable law. INTEREST CALCULATION METHOD. interest on this loan is computed an a 3651360 basis; that Is, by applying the ratio of the interest rata over a year of 60 days, muttiptied by the outstanding principal balance, multiplied by the actual number of days the principal balance is o standing. All inter payable under this loan is computed using tfiis method. PREPAYM NT. Borrower agrees that all loan fees and other prepaid finance charges ors earned fully as of the date of tfie loan and 111 not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Exce t for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unle s agreed to by Len er In writing, relieve Horcower of Borrower's obligation to continua to make payments under the payment schedule. Rat er, early payments will reduce the principal balance due. Borrower agrees not to sand Lander payments marked "paid in full", "without rec urea", or similar ten cage. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agree ant, and Borrower 11[ remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment Instrument that indicates that the payment constitutes "payment In full" of the amount owed or that is tendered with other conditions or limitattans or as full satisfaction of a disputed amount mustbe mailed or delivered ta: CENTRIC BANK, P.O. B x 62080 Harrisburg PA 17106-2D90. LATE CH RGE. if a payment is 16 days nr more late, Borrower will be charged 5.000% of the unpaid portion of the regularly s heduled payment. INTEREST fTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this loan shell ba increased y adding en eddttto ai 2.000 percentage point margin ("Default Rate Margin"]. The Default Rate Margin shall also apply to each succeeding lnt rest rate change th t would have applied bed there been no default. if judgment is entered in connection with this Agreement, interest will co tlnue to accrue aft r the date of judgment at the rate in effect at the time Judgment is entered. However, In no event will the interest rate a eed the maximum terast rate limttetions under applicable law. DEFAULT. ~ Each of the following shall constitute an Event of Default under this Agreement: Paym nt Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fells to comply with or to perform any other term, obligation, covenant or condition captained in this A resment or in ny of the Related Documents ar to comply with or to perform any term, obligation, covenant or condhlon contained in y- other agree ant between Lender and Borrower. Defau in Favor of Third Parties. Horrnwer defaults under any loan, extension of credit, security agreement, purchase or sales ag Bement, or en other agreement, In favor of any other creditor or person that may materially affect any of Borrower's property or abiilty to perform Horro Br's obllgaUons under this Agreement or any of the Related Documents. False taiements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf u der this Agree ant or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or ecomes false r misleading at any time thereafter. Death~or Insolvency. The death of Horrnwer or the dissolution or termination of Borrower's existence as a going business, the In olvancy of Bor ower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of credit r workout, or the commencement of any proceeding under spy bankruptcy or Insolvency laws by or against Horrnwer. _ , I CHANGE !N TERMS AGREEMEN( Loan Na: 6164883 {Continued} Page 2 Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial pracaedin ,self-help, rap~ssesston or any other method, by any creditor of Borrower or by any governmental agency against any collateral s curing the Indebtedness. Th(s Includes a garnishment of any of Borrower's accounts, including depostt accounts, with Lender. However this Event of gefault shall not apply if there fs a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is a bass of the ' raditor or forfeiture proceeding and if Harrower gives Lender written notice of the creditor or fortelture proceeding and de calls with Lamar monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sale discretio , as being an ddequate reserve or bond for the dispute. Eve~ts Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommo lion party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, ar evokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by th(s Note. Adv rse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of ayment or pert rmanca of the ladebtedr~ess is impaired. Insecurity. Lender fn good faith believes Itself insecure. Cur Provisions. If any default, other then a default in payment is curable end if Borrower has not been given a notice of a hr ach of the lam provtsian of this Agreement within the preceding twelve i12) months, it may be cured if Borrower, after Lender sends wrl en nattce to B mower demar?ding cure of such default: i1) cures the default wtthln fifteen {15) days; or i21 if the cure requires more t an fifteen 115) days, immediately initiates slaps which Lander deems in Lender's sole discretion to be sufficient to cure the default and thereafter continual and completes all reasonable and necessary steps sufflctant to produce compliance as soon as reasonably practical. LENOER' RIGHTS. Upon default, Lender rney, after giving such notices es required by applicable law, declare the entire unpal principal balance u der this Agreement and all accrued unpaid interest immediately due, and than Borrower will pay that amount. ATTORN 5' FEES; EXPENSES. Lander may hire or pay someone else to help coNact this Agreement if Borrower doss net pay. Bo ower will pay Lend r that amount. This Includes, subject to any fimtts under applicable law, Lender's reasonable attorneys` fees and Len er's legal expanses whether or not theca is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings {lnciuding efforts to modify ar vacate any automatic stay or injunctlonf, and appeals. If not prohibited by applicable law, Borrower also will pay any cou costs, in addition t all other sums provided by law. GOVERN! G LAW. This Agreement will be governed by federal law applicable in Lender and, to the extent not preempted by fader t law, the laws of t a Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has bean accepted by Lender in the Com onwealth of Pennsylvania. CHOICE F VENUE. If there is s lawault, Borrower agrees upon Lender's request to submit to the jurlsdict)an of the coverts of OAUPHi County, Common ealth of Pennsylvania. DISHONO ED REM FEE. Borrower will pay a fee to Lander of 530.00 if 8orrawer makes a payment on Borrower's loan and the check or preauthorl ed charge with which Harrower pays Is later dishonored. RIGfiT OF SETOFF. To the extent permitted by applicable law, Lander reserves a right of setoff In ail Borrower's accounts with Lander (whether checking, avings, or soma other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borr war. may open fn th future. However, this does not include any !RA or Keogh accounts, or any trust accounts for which setoff would be pro lbited by law. Borr war authorizes Lander, to the extent permitted by applicable law, to charge or setoff all sums owing an the indebtedness a alnst any and all su h accounts. COLLATERAL. Borrower acknowledges this Agreement Is scoured by the fnAawing collateral described fn the security instruments Nste herein: (A) ~a Mortgage dated June 30, 2010, to Lender on real property desarlbed as "Real Property located at 1208 Mus at Lene, Mach nicsburg, PA 17050" and located In Cumberland County, Commonwealth of Pennsylvania. (B) ~ Assignment of All Rents to Lander on real property described as "Reel Property located at 16 Evergreen Street, Harris urg, PA 1710 end 26 South 3rd Street, Steelton, PA 17113" and located in Deuphln County, Commonwealth of Pennsyivanle. (C) a I~ Mortgage dated June 30, 20i 0, to Lender on real property described as "Real Property located at 16 Evergreen Street, H rrisburg, PA i 1 D4 end 26 South 3rd Street, Steelton, PA 17113" and located in Dauphin County, Commonwealth of Pennsylvania. f0) securities or investment property and a note or an instrument described in a Commercial Pledge Agreement dated June 30, 20 0. PROPERTY INSURANGE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Agreement. Further infarmatio concerning this requirement is set forth in the Pledge Agreement and Mortgage and in the Agreement to Provide Insuranc ,all the terms end onditlons of which are hereby incorporated and made a part of this Agreement. CONTINUI G VALIDITY. Except as expressly changed by this Agreement, the terms of the original nbligatlon or obligations, loci ding all agraemen evidenced or securing the obllgatfonis}, remain unchanged and in full force and effect. Consent by Lender to this Agreem nt does not waive ender's right to strict performance of the obllgatlonis) as changed, nor obligate Lender to make any future cfyange in terms. Nothing In this Agr amen! will constitute a satisfaction of the obligetlonis). it is the intention of Lender to retain as liable parties all ma ors and endorsers f the original obiigationis), including accommodation parties, unless a party fs expressly released by Lander in writing. Any aker or endorser, f cludfng accommodation makers, will not he released by virtue of this Agreement, if any person who signed the original o ligation does not s gn this Agreement below, then all persona signing below acknowledge that th(s Agreement is given conclltionaQy, base on the rapresantat on to Lender that the non-signing party consents to the changes end provisions of this Agreement or atherwlse will not be eleesed by it. This elver applies not only to any Infttei extension, modification or release, but also to ell such subsequent actions. SUCCESSO INTERESTS. The farms of this Agreement sheN be binding upon Borrower, and upon Borrower's heirs, persona! represe tatives, successors, and assigns, and shaft be enforceable by Lender and Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any In ccurate information about your accauntisy to a consumer reporting agency. Your written notice describing the specific inaccuracylfes) should be sent to us at the fo !awing address: CENTRIC BANK P. O, BOX 62090 Harrisburg, PA 17106-2090. MtSCELLA EOUS PROVISIONS. If any part of this Agreement cannot be enforced, this fact will not effect the rest of the Agreement. lender may delay r forgo enforcing any of Its rights or remedies under this Agreement without losing them. Each Borrower understands an agrees that, with o without notice to Horrower, Lender may with respect to any other Borrower ia) make one or more additional secured or un ecured loans or of rwtse extend additional credit; ib) altar, compromise, renew, extend, accelerate, or athervvfsa change one or more times t e time for paymen or other terms of any Indebtedness, lnciuding increases and decreases of the rate of interest on the indebtedness; {c) ex hangs, enforce, wave, subordinate,-fall or decide not to perfect, and release any security, with or without the substitution of new collateral; (d apply _ _ _ _ . CHANGE IN TERMS AGREEMENT Loan 11Eo: 6164883 (ContiRUed} Page 3 such security and direct the order or manner of seie thereof, Including without Iimltatlon, any non-fudiclal sale permitted by the t rms of the cantrollir}g secur{ty agreements, as Lender in its dlscratlon may determine; te} release, substitute, agree not to sue, or deal with ny one ar more of orrower's sureties, endorsers, ur other guarantors on any terms or in any manner Lender may choose; and if} determine ow, when and wha~epplicetlon of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower an any other parson ho signs, guarantees ar endorses this Agreement, to the extent ai}owed by law, waive presentment, demand for payment, and notice of disho or. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, ne party who signs this Agreem t, whether as maker, guarantor, accommodation maker or endorser, shall be released ftom liability. All such parties agree hat Lander may ran w or extend irepeetediy and far any length of time) this loan or release any party or guarantor ar collateral; or impair, fa I to realize upon or erfect Lender's security interest in the collateral; and take any other action deemed necessary 6y Lender without the co sent o4 nr notice to anyone, Ap such parties also agree that Lender may modify this ioan without the consent of or notice to anyone other the the party with wh m the modification is made. The obligations under this Agreement are joint and several. If any portion of this Agreernen is for any reason d termined to be unenfareeable, tt will not affect the enforceability of any other provts(ans of th}s Agreement. CONFES lOR O~ JUDGMENT. BORROWER WEREHY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHO OTARY OR CLERK OF ANY COURT !N THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT NY TIME FOR BO ROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS RENTER JUDGME AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTER ST, LATE CHARGE AND ANY AND ALL AMOUNTS EXPENDED 0A ADVANCED BY LENDER RELATING TO ANY COLLATERAL SEGO ING THE iNDEHTE NESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT I109fi} OF TH UNPAID PRINCIP L BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLA S 0500} ON WHI H JUDGMENT OR JUDGMENTS ONE 0R MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR 50 DOING, THIS A REEMENT OR A C PY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTE IN THIS AGREEM NT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTMO iTY, BUT SHALL C NTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS OUE UNDER THIS AG EEMENT. BORRO ER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE 70 NOTICE OR TO A HEARING IN CONNECTION WITH A Y SUCH CONFES ION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFE SION OF JUDGME T PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COONS L. PRIOR T SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THiS AG EEMENT, tNCLUDI G THE VARIABLE {NTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS pF THE AGREEMENT. THIS AG EEMENT IS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND AVE THE EFFECT F A SEALED INSTRUMENT ACCORDING TO LAW. BORAOW~R: ' ~ ' . `ISeal) X ` ; is {Se I) Matthe C. Stahl Maria ,Stahl UBF71 /80 Laud'np, Ya. 6.6400.0 Caar.lhal.id Fnwehtl 9iUwa. Ina. 7807.7011. N N1oM, Baunrad • IA CVP00UI101C718P11070C.1C 78-0087 (1410 EXHIBIT "C" i _ _ _ _ _ ~ r CENTRIC BANK _ _ _ _ We Revolve Around You. I July 19, 2012 Re: DEMAND NOTICE Matthew and Maria Stani `y~A CERT'u~'IED N~AII~ MPI?IM Investments, LLC 1208 Musket Lane Mechanicsburg, PA 17050 Deiar Mr. and Mrs. Stahl: As you know, Centric Bank (the "Bank") has executed the following loans to you ( e "Stahls") and MMM Investments, LLC ("MMM"): (i) that certain loan made by the Bank MlIvvIM, more specifically-identified as Loan No. 6165971, in the original amount of$110,000.0 - wl~ich loan is guaranteed by the Stahls; (ii) that certain loan made by the Bank to MMM, be' g more specifically identified as Loan No. 6166012, in the original amount of $150,000.00, whi lo~rl is guaranteed by the Stahls (collectively, the "MMM Loans"); and (iii) that certain to made by the Bank to the Stahls, being more specifically identified as Loan No. 6164883 in e original amount of $310,000.00 (the "Stahl Loan"). The MMM Loans and the Stahl Loan m y be'referred to herein as each a "Loan" and, collectively, the "Loans". MMM and the Stahls, the borrowers and guarantors under the Loans, are hereinafter collectively referred to as t e "Cbligors". Capitalized terms used herein shall have the meanings attributed thereto by the Lo D©cuments unless otherwise defined herein. The Obligors are not in compliance with one or more of the covenants set forth in e various loan documents associated with the Loans (the "Loan Documents"). Specifically, e Laans are in default for nonpayment. Beginning in November of 2011, the Bank and the S s had several conversations regarding the Loans and keeping payments current. In an email dat d December 19, 2011, the Bank inquired as to the status of payments on the Loans. On January , 2012, the Bank sent a letter to the Stahls advising them that all three Loans were more than 0 days past due. Following that correspondence, counsel for the Bank and the Obligors enter d into discussions regarding a forbearance agreement or other workout scenario, resulting in a formal workout proposal submitted by the Bank via letter dated June 1, 2012. In respons , Obligors requested that the Bank respond to a list of 46 questions which the Bank believes e 4320 Lin lestown Road _ _ _ _ _ Harns_ g, PA 17_112_ - _ - _ - _ -T 717.657.7727 _ F 717.657.7748 www.ce tricbank.com 857375.] - , July 18, 2012 Page 2 i irrelevant to the Loans and declined to answer. On June 20, 2012, the Bank notified the Obligo s that if it did not receive a response to its proposal within 15 days, it would proceed wi collection efforts. On July 13, 2012, Obligors notified the Bank that they did not accept t e Bank's workout proposal. The Loans currently remain in default for nonpayment. The failure to pay under the Loan Documents constitutes an Event of Default. I addition, despite numerous requests by the Bank, the Obligors have failed to pay their real esta e takes or provide current tax returns and annual financial statements as required under the Lo Documents, which also constitutes an Event of Default. As a result of the Events of Default, e Bank is hereby declaring the Loans immediately due and payable. The outstanding principal acorued interest under the Loans is $578,537.98 with a per diem of $88.05161. Notwithstandi the fact that the Bank may immediately exercise its rights and remedies under the Lo Documents, the Bank will provide the Obligors with fifteen (15) days to satisfy the outstandi indebtedness under the Loans. If the Obligors do not satisfy the outstanding indebtedness wi such fifteen (15) day period, we have been authorized to institute appropriate legal action again t the Obligors, including, but not limited to, confession of judgment against the Obligors, and e foreclosure, liquidation, collection or other enforcement of the Bank's security interests and lie s in'any or all of the collateral ("Collateral") securing the indebtedness and obligations under e Lgan Documents, in order to recover all amounts owed to the Bank under the Loan Document , including legal fees, costs of collection and interest. The Bank's election not to exercise any of its other rights and remedies at the prese t time, and any financial accommodations the Bank may have made to .date, shall not be constru d as' a waiver of any rights or remedies of the Bank: Nothing contained herein or in any oth r coanmunication or in any ongoing discussions or negotiations which have or may take pla e bejtween the Obligors and the Bank shall directly or indirectly: (i) create any obligation upon e Bank to defer any enforcement action or make any further financial accommodations; (i') constitute a consent or waiver of any past, present or future Event of Default or other violation f any provisions of any Loan Document; (iii) amend, modify or operate as a waiver of y prevision of any Loan Document or any right, power, privilege or remedy of the B thereunder; or (iv) constitute a course of dealing or other basis for altering any duty or obligati n owed by the Obligors to the Bank. Nothing contained in this letter shall -confer on any Oblig r or' any other person or entity any right to other or further notice or cure periods with respect o arty Event of Default. The Bank expressly reserves .all of its rights, powers, privileges and remedies under e Lgan Documents and/or applicable laws, including, without limitation, the' Bank's right at y time, as applicable: (i) to apply the Default Rate to the obligations under the Loan Docume s since the date of inception of the Events of Default; (ii) to commence any legal or other action. o ca,llect any or all of the indebtedness and obligations under the Loan. Documents and/or y Collateral or any property pledged by any other person or entity as security for any or all of e indebtedness and obligations under the:Loan Documents; (iii) to foreclose or otherwise reali e on any or all of the Collateral and/or set-off or apply to the payment of any or all of e indebtedness or obligations under the Loan Documents any or all of the Collateral; and (iv) o r- f--- I July 18, 2012 _ Page 3 _ _ _ take any other enforcement action or otherwise exercise any or all rights and remedies provid~d by any Loan Document or by applicable laws. Please do not- hesitate -to contact. the. undersigned. with. any questions or-concerns. - - Very truly yours, CENTRIC BANK . Myers Executive Vice President Chief Lending Officer cc: Rob Bleecher, Esquire, Pecht & Associates, PC Patricia A. Husic, President & CEO Charles J. Ferry, Esquire Kathryn D. Sallie, Esquire EXHIBIT "D" ~ _ DISCLd~_ JRE FOR CONFESSION OF J ~GMENT .per-==. _ - ..--::::.111. _ . _ fleferences in the boxes above are for Lender's use only end do not limit the applicability of this document to any particular loan or 1 em. Any item above containing • has bean omitted due to text length limitations. i Borrower: Matthew C. Stahl Lender: CENTRIC BANK Maria M. Stahl Silver Spring Otfice 1208 Musket Lane Corporate Headquarters Mechanicsburg, PA 17050 4320 Linglestown Aoad Harrisburg, PA 17112 [717} 591-1360 Declarant: Matthew C. Stahl 12D8 Musket Lana _ _ - - Mechanicsburg, PA 17050 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~ DAY OF ? H ~C; , 20 l ° , A PROMISSORY NOTE FOR 5310,000.00 OB IGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER 0 ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFF RING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY R HTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MA ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING A Y RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING J DGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: ' B. I FURTHER UNDERSTAND THAT IN ADDITION TO G[VtNG LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT DVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVf51ON IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOUL PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDG ENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. !N EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A FARING AFTER JUDGMENT 1S ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VDL NTARILY WAIVING THESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMEN IN ANY MANNER PERMITTED B_Y APPLICABLE STATE AND FEDERAL LAW, WTHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS; C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALI G EACH 5TATEMENT 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 NOT TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS 1N THIS DISCLOSURE WERE FILLED 1N WHEN I i ITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE 15 GIVEN UNDER SEAL AND IT 1S INTENDED THAT TWIS DISCLOSURE IS AND SHALL CONSTITUTE AND H VE THE EFFECT OF A SEALED INSTRUMENT AGCOADiNG TO LAW. DECL rARANT: X 1~~ f5eall Matthew C. Stahl us[n rno ,.•n~¦, v., s.etno.aos a=w. u.a.,e r.„.w a•wam., ~F :~n, mro. +a:u.no n...v.a. . r• cnrnosumcrwti,a~osc m.:si, m. m _ _ i DISCLO',. JRE FOR CONFESSION OF J~• )GMENT ~.r.,..~. - _ . ~~1~ -._.._:~s ~ :A--. ~ . _ _ ..z :.,ice References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or 1 em.'^~ Any item above containing has bean omitted due to text length limitations. Borrower: Matthew C. Stahl Lender: CENTRIC BANK Maria M. Stahl Silver Spring Office 1208 Musket Lane Corporate Headquarters Mechanicsburg, PA 17650 4320 Lingiestown Road Harrisburg, PA 17112 {717? 591-1360 Declarant: Maria M. Stahl 1208 Musket Lane Mechanicsburg, PA 17050 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS y DAY OF O '~'~rZ , 20 , A PROMISSORY NOTE FOR $310,000.00 OB IGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFES510N OF JUDGMENT PROVI510N THAT WOULD PERMIT LENDER ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFF RING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY AI HTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MA ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING A RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JU GMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT DVANCE NOTICE OR A HEARING, THE CONFE5510N OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOUL PERMIT LENDER, AFTF~i ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDG ENT BY FORECL051NG UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR ARTIAL PAYMENT OF THE JUDGMENT, IN FJCECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS 70 ADVANCE NOTICE AND A FARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLU ARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGME IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALIN F1~CH STATEMENT THAT APPLIE5, I REPRESENT THAT: INITIALS 1. I wAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIflCALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOT TO MY ATTENTIDN. D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE Bt.ANKS IN THIS DISCLOSURE WERE FILLED IN WHEN t 1 ITIALED AND 51GNED IT; AND THAT f RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND H VE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X ~ - _ {Beall Maria M. Stahl u5l11 PRO Lmd'np, Yr. SS200.006 Ceq, lbl~d Ii,~.c1d 6eh.tlon,, liw, 1777. 7D70. M RlpllU I1N„Y,11. • /A C:IfRU5U1iflC311LFi1[1.711SC TA•1l7t PR•10 Timothy J. Nieman, Esquire Attorney LD. No. 66014 fiieman@rhoads-sinon.com ~ , Stephanie E. DiVittore, Esquire ~ r Attorney LD. No. 85906 r..a sdivittore rhoads-sinon.com z~" @ r-n ~ ~ BROADS & SINON LLP ~ ~ ~ ~~y r--', One South Market Square, 12th Floor ~ ~ ~ -~.t P.O. Box 1146 Harrisburg, PA 17108-1146 c-., Phone: (717)233-5731 "'=rr"~ ~ ,,~yy~'-. Fax: (717) 231-6637 ~ Attorneys for Plaintiff CENTRIC BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v CIVIL ACTION -LAW MATTHEW STAHL and MARIA STAHL, NO • ~ ~ , SO (o ( ~ - ~ Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THERETO Notice of Defendant's Rights To: Matthew Stahl 1208 Musket Lane Mechanicsburg, PA 17050 Maria Stahl 1208 Musket Lane Mechanicsburg, PA 17050 A judgment in the amount of Three Hundred Thirty Five Thousand Twenty Nine Doll s and Six Cents ($335,029.06) plus interest from the date of judgment accruing at the rate of Fo y Dollars and Seventy Seven Cents ($40.77) per day and costs of collection, has been entered agai st you and in favor of the Plaintiff without any prior notice or hearing based on a Confession f Judgment contained in a written agreement or other paper allegedly signed by you. The She ff 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 grope y from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM T E JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER T E DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YO R RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AB E TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFF R LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 CENTRIC BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v CIVIL ACTION -LAW MATTHEW STAHL and MARIA STAHL, NO• ~~a Co ~ G Defendants ENTRY OF NDGMENT AND NOW, this ~5 ~ day of a u--~`t , 2012, Judgment is hereby entered n favor of the Plaintiff Centric Bank and against the Defendants Matthew Stahl and Maria St 1, and damages are assessed in the amount of $335,029.06 together with interest from the date f judgment accruing at the rate of $40.77 per day plus costs of collection. Prothonotary i CENTRIC BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION -LAW v. MATTHEW STAHL and MARIA STAHL, NO. ~ ~ , Ji.--v ~ ~ ~ ~ Defendants NOTICE OF ENTRY OF CONFESSED JUDGMENT To: Matthew Stahl 1208 Musket Lane Mechanicsburg, PA 17050 Maria Stahl 1208 Musket Lane Mechanicsburg, PA 17050 You are hereby notified that on August 2012, judgment by confession was enter d against you in the amount of $335,029.06 plus interest from the date of judgment accruing at t e rate of $40.77 per day and costs of collection. Attached hereto are copies of all documents filed with the Prothonotary in support oft e confession of judgment. Date: ~ ~ ~ J Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 i Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 CENTRIC BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. MMM INVESTMENTS, LLC, MATTHEW STAHL AND MARIA STAHL, NO. 12-5061 CIVIL DEFENDANTS NO. 12-5062 CIVIL IN RE: REQUEST TO CONTINUE ORDER OF COURT AND NOW, this 17~h day of October, 2012, upon consideration of the Request to Continue by the Defendants and with the concurrence of the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that the argument currently scheduled for January 9, 2013, is continued to January 18, 2013, at 9:00 a.m. wn Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, / Timothy Nieman, Esquire Attorney for Plaintiff / Rob Bleecher, Esquire Attorney for Defendant bas ~, < < ~~~> lac, lam( Jo~,~ (~~ ~~ CENTRIC BANK, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plainti#'I' v. :CIVIL ACTION -LAW _ ~~_, ~ ~ ' MMM INVESTMENTS, LLC, 0.2012-5062 ,-T; .Jx -` .. MATTHEW STAHL and ~ `-~' `=' 'ry - .~.., MARIA STAHL, ~ r- -- r- - - Defendants > ~, f _ - :~ ~~ ~ ._ - ~ c;.a;- STIPULATION ~ - __ f_: AND NOW„come the parties in the above-captioned matter by their respective attorneys and agree and stipulate that, subject to this Court's approval, the deposition deadline scheduled for November 12, 2012 is extended to December 31, 2012. Respectfully Submitted, BROADS & SINON LLP Timothy J. Nieman, Esquire Attorney I.D. No. 66014 One South Market Square, 12m Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorney for Plaintiff TES, PC By: ~otS-13leecher, Esquire Attorney I.D. No. 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4917 (7i7) 691-9809 Attorney for Defendants Dated: November ~, 2012 Dated: November ~, 2012 CENTRIC BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, V. MATTHEW STAHL AND MARIA STAHL, ; DEFENDANTS NO, 12-5061 CIVIL CENTRIC BANK, IN THE COURT OOU COMMON PLEAS OF PLAINTIFF CUMBERLAND V MMM INVESTMENTS, LLC, MATTHEW STAHL AND MARIA STAHL, DEFENDANTS NO. 12-5062 CIVIL N RE: DEFENDANTS' MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 20th day of February, 2013, upon consideration Defendants' Motion for Reconsideration and the Plaintiff's Response thereto', IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion for Reconsideration is DENIED. ? Timothy Nieman, Esquire Attorney for Plaintiff b Rob Bleecher, Esquire Attorney for Defendant bas tlia Alt By the Court, M. L. Ebert, Jr., - c-, A L 4% CENTRIC BANK, PLAINTIFF V. MATTHEW STAHL AND MARIA STAHL, DEFENDANTS CENTRIC BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-5061 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 5 MMM INVESTMENTS, LLC, ' MATTHEW STAHL AND MARIA STAHL, DEFENDANTS NO. 12-5062 CIVIL r =.' ORDER OF COURT A; AND NOW, this 20th day of February, 2013, the Court being in receipt of a notice of appeal in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Appellant file a concise statement of the errors complained of on appeal on or before March 13, 2013; 2. The Statement shall be filed of record; 3. The Statement shall be served on this Court pursuant to Pa.R.A.P., Rule 1925(b) (1); IT IS FURTHER ORDERED AND DIRECTED that any issue not properly included in the Statement shall be deemed waived. IV1. L. tperi, Jr., By the Court, Timothy Nieman, Esquire Attorney for Plaintiff v° Rob Bleecher, Esquire Attorney for Defendant bas G,? t ? CENTRIC BANK, PLAINTIFF V. MATTHEW STAHL AND MARIA STAHL, DEFENDANTS CENTRIC BANK, PLAINTIFF V. ORDER OF COURT AND NOW, this 20th day of February, 2013, upon consideration Defendants' MMM INVESTMENTS, LLC, MATTHEW STAHL AND MARIA STAHL, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12-5061 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12-5062 CIVIL IN RE: DEFENDANTS' PETITION FOR PRELIMINARY OR SPECIAL INJUNCTION Petition for Preliminary or Special Injunction and the Plaintiff's Response thereto, the Court finds: 1. The requested Preliminary or Special Injunction is not necessary to prevent immediate and irreparable harm that could not be compensated by damages. 2. Greater injury will not result by refusing to grant the Preliminary Injunction than by granting it. 3. The Plaintiff's right to relief is not clear. 4. The public's interest will not be adversely affected. Accordingly, IT IS HEREBY ORDERED AND DIRECTED that the Petition for Preliminary or Special Injunction is DENIED. By the Court, tom.. M. L. Ebert, Jr., J. ?` Timothy Nieman, Esquire Attorney for Plaintiff Rob Bleecher, Esquire Attorney for Defendant bas (1 y" e s am CENTRIC BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PEMSYLVANIA , n r-.2 G +; 3 w ,r V - -� rn -•j�. z r- :;!J Tf --- MATTHEW STAHL AND � = MARIA STAHL, i "-7 DEFENDANTS v `� CENTRIC BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MMM INVESTMENTS, LLC, MATTHEW STAHL AND MARIA STAHL, DEFENDANTS NO. 12-5062 CIVIL ORDER OF COURT AND NOW, this 21St day of March, 2013, upon consideration of Defendant's Application to Enlarge Time Period, IT IS HEREBY ORDERED AND DIRECTED that Defendants' Application is GRANTED and the Defendants' Concise Statement of Errors Complained of on Appeal is due on or before April 12, 2013. By the Court, 40k �A M. L. Ebert, Jr., J. /Timothy Nieman, Esquire Attorney for Plaintiff Rob Bleecher, Esquire Attorney for Defendant bas �fe� ��,l�d ��/ /3 s !J yr CENTRIC BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V MATTHEW and MARIA STAHL, 12-5061 CIVIL TERM Defendant . CENTRIC BANK, . Plaintiff ORIGil'NAL V MMM INVESTMENTS, LLC, MATTHEW and MARIA STAHL, 12-5062 CIVIL TERM -n Defendants zrn MF r= {ll =�c) 'rt C) � c: C7�? _1 r n IN RE: PETITION TO OPEN OR STRIKE OFF CONFESSION OF JUDGEMENT Proceedings held before the HONORABLE M. L. Ebert, Jr. , J. , Cumberland County Courthouse, Carlisle, Pennsylvania, on January 18, 2013, in Courtroom Number 2 . APPEARANCES: TIMOTHY J. NIEMAN, Esquire For Centric Bank ROBIN D. BLEECHER, Esquire For Matthew and Maria Stahl and MMM Investments 1 Friday, January 18, 2013 2 Courtroom Number 2 - 9: 15 a.m. 3 THE COURT: Please be seated. This is the 4 matter of Centric Bank vs MMM Investments, LLC, and Matthew 5 Stahl and Maria Stahl. This is a Motion to Open Judgment or 6 Strike Judgment . 7 MR. BLEECHER: Yes. 8 THE COURT: Mr. Bleecher. 9 MR. BLEECHER: Let me begin by saying that I 10 request additional time to perform depositions, additional 11 discovery. The reason being that there is a companion case 12 in Dauphin County in which my clients filed a Writ of 13 Summons whereupon a Rule to the complaint was filed by 14 defendant -- by plaintiffs in this case, defendants in that 15 case. 16 We had a meeting before Judge Turgeon in 17 which Judge Turgeon ordered the pre-complaint discovery on a 18 limited basis could be had and that the defendants in that 19 case were supplied due diligence materials . She also stayed 20 off further discovery in that matter. She was aware of the 21 Cumberland County case. My error was in not communicating 22 that to this court. 23 But, in any event, the -- I attempted to 24 serve a subpoena for deposition upon an FBI agent and a 25 detective in both cases . Counsel for defendant in that case 2 t � M 1 objected, both to the deposition in the Cumberland County 2 case and to the deposition for the Dauphin County case 3 stating that there was a stay in effect by Judge Turgeon. 4 I perhaps mistakenly concluded that that 5 would affect this, this action here. So I did not perform 6 depositions on witnesses, although I had noticed them for 7 December 5 . There was an objection by opposing counsel . So 8 I did not go forward. I didn't bring it to court, but I did 9 not go forward. 10 We are now in the posture where I think the 11 appropriate motion for my clients is a petition to open as 12 opposed to a petition to strike. In a petition to open, I 13 would be permitted to produce not only depositions, but also 14 other evidence outside the record which would include both 15 depositions and affidavits, other evidence presumably. 16 If I am not granted the opportunity to, to 17 have time to do depositions, I would ask that I be permitted 18 to at this time submit a copy of a complaint that we filed 19 yesterday in Dauphin County Court with the verified 20 statements of my clients, who are the defendants in the 21 Cumberland County case, as well as a copy of the Answers to 22 my interrogatories filed by Christopher Polkinghorn, who is 23 a defendant in the Dauphin County case, and as well as a 24 copy of the Answers of defendants Centric Bank and Michael 25 Meck in the Dauphin County case. 3 „ w , 1 MR. NIEMAN: Your Honor, could I please 2 respond? 3 THE COURT: Yes . 4 MR. NIEMAN: When this court entered its 5 order, its Rule to Show Cause in September, it clearly said 6 that the case was going to be decided under Rule 206. 7, 7 which is typical for a petition. The procedures laid out in 8 206. 7 says that if there is an Answer filed that raises 9 disputed facts, either the moving party has the burden of 10 taking depositions, or the facts as they are pled in the 11 Answer are deemed admitted for purposes of the petition. 12 I have a series of correspondence back and 13 forth here with Mr. Bleecher that I am willing to share with 14 the court where we discuss what happened before Judge 15 Turgeon and how that impacted the proceedings here. 16 That ultimately, that correspondence 17 ultimately led to the parties entered into a stipulation 18 where my client agreed to extend a deadline to take 19 depositions until the end of December. The reason for that 20 is because we were producing some documents in connection 21 with the Dauphin County case, some pre-complaint discovery. 22 We produced those documents I think on November 28th, or 23 somewhere toward the end of November, and that that would 24 give Mr. Bleecher and his clients a month to go through 25 those documents, determine if there was anyone they wanted 4 � w a 1 to depose from the bank or anyone else. 2 We did object to the deposition of the FBI 3 agent and the investigator on a couple reasons . First of 4 all, the same notices were served in Dauphin County. So we 5 filed basically the same objections in Dauphin County as we 6 filed here. 7 In addition to the fact that we had already 8 dealt with those issues in Dauphin County, we also raised 9 issues that the -- it appeared to be more of a document 10 request than a deposition because they were requesting the 11 entire investigative file of these individuals, that those 12 documents would be privileged or not subject to discovery to 13 the extent that there was an ongoing criminal investigation 14 going on in this case. 15 THE COURT: Of who? 16 MR. NIEMAN: We don' t know, quite frankly. I 17 have no idea who is being investigated. I know Mr. 18 Bleecher, maybe he has more information on that . 19 MR. BLEECHER: My understanding at this time, 20 because I have not been able to speak with the FBI agent, he 21 is not willing to talk, is that the County detectives took a 22 complaint from my clients, Matthew and Maria Stahl, in which 23 they alleged that Centric Bank and Michael Meck and 24 Christopher Polkinghorn committed fraud in these 25 transactions that are subject of the confession of judgment 5 1 as well as the complaint in Dauphin County. 2 There were interviews conducted by the 3 detectives in Dauphin County, to the best of my knowledge, 4 as well as the FBI agent. At some point I am told, I have 5 not verified this -- I take that back, I have verified it 6 with one individual . At some point the detectives in 7 Dauphin County turned over their file to the FBI, and 8 essentially the Dauphin County detectives were then out of 9 the case. 10 The FBI has the entire file. I have been in 11 touch with counsel for the FBI, was told I had to have a 12 subpoena signed by the Court before I could depose that 13 individual, both his testimony and the file. I attempted to 14 do that . Perhaps not correctly, but attempted to do that. 15 Was objected to by opposing counsel. 16 MR. NIEMAN: Your Honor, the reason it was 17 objected to was because they gave us a 20 day notice that 18 you are required to give when you are seeking just to 19 request documents . I assumed that it was a mistake on the 20 subpoena, that it was just really for production of 21 documents . But having said that, the defendants in this 22 case were free to take depositions of bank employees, of 23 themselves, whoever else it might have been to support this 24 petition. 25 THE COURT: What is the complaint in Dauphin 6 4 � � 1 County? 2 MR. BLEECHER: What is the nature of it? 3 THE COURT: Yes . 4 MR. BLEECHER: May I hand it to the court? 5 THE COURT: What is the story? Is it a civil 6 fraud action? 7 MR. BLEECHER: Alleging civil fraud. 8 Alleging civil conspiracy. Alleging breach of contract 9 against one of the individuals . But essentially alleging 10 that there was fraud on the part of the bank and the bank 11 employee and Christopher Polkinghorn. 12 THE COURT: I believe my Order was I gave you 13 the right to do depositions and everything else. All that 14 is here now had nothing to do with the Dauphin County case. 15 We are here to open or strike a judgment. 16 Your defense was that these were private 17 individuals, it is not a commercial account, except all of 18 the pleadings say MMM Investments was created specifically 19 to do this one transaction. Your clients hoped to profit by 20 that . 21 MR. BLEECHER: Well, my clients -- 22 THE COURT: In any regard, your request for 23 continued discovery is denied because that is in violation 24 of my Order of September 11 . We will have the argument on 25 whether or not this should be stricken or opened. 7 I MR. BLEECHER: If I may though, the Order did 2 not specify that no other type of evidence to be submitted 3 to the Court . 4 THE COURT: It has been months now. It is a 5 simple issue. It has been months, nothing happened. I will 6 be quite candid with you, it seems like it is delay. 7 MR. BLEECHER: I just filed the complaint 8 yesterday, sir. 9 THE COURT: I know. But making a private 10 criminal accusation about civil fraud to the county 11 detectives in Dauphin County does stop everything. I have a 12 little experience in that. 13 The detectives then say, oh, we are going to 14 immediately turn our file over to the FBI . That doesn' t 15 sound like they had a whole lot of interest in it . 16 But let ' s be candid, if you are successful in 17 that, you will never have to pay the judgment. If the bank 18 is convicted of these crimes, you are off the hook. Take 19 care of that in Dauphin County. 20 Right now we are going to argue about whether 21 or not this should be open or stricken based on the fact 22 that you said it wasn' t a commercial loan, it was a consumer 23 loan. That was your initial defense. Correct? 24 MR. BLEECHER: That is one of them. 25 Certainly I would have to review the objections to see if I 8 1 had any additional ones. 2 THE COURT: Well, aren' t you here to argue 3 this today? 4 MR. BLEECHER: I 'm sorry -- 5 THE COURT: Weren' t you here to argue that 6 today? 7 MR. BLEECHER: Okay, I will go forward with 8 this. The Rule is very clear, 2950 I believe it is, that 9 the, that the confession of judgment is not appropriate in a 10 loan document where the loan is being obtained by an 11 individual for personal household purposes . 12 The Stahls were attempting to obtain a higher 13 interest rate on their investments than they would have 14 gotten from a CD or other type of investment. They, 15 therefore, borrowed money from the bank at the urging of 16 Christopher Polkinghorn and others, and in turn lent that 17 money to Christopher Polkinghorn. They obtained a higher 18 interest rate, they thought, on that loan which they thought 19 would create an arbitrage, which was frankly a silly idea, 20 but that is what they were attempting to do. 21 Now, my opponent says this was a commercial 22 transaction. When an individual is attempting to get a 23 higher interest rate on their investments by, by engaging in 24 a certain type of transaction, the profit from which is 25 going to assist them in increasing their wealth, their 9 s � 1 personal household wealth as well as their retirement 2 wealth, that is a personal and household purpose that they 3 are performing. 4 The LLC was created at the urging of 5 Christopher Polkinghorn, the defendant in the Dauphin County 6 matter, in order to facilitate one or more of these 7 transactions . However, prior to that LLC being open the 8 Stahls had already obtained a loan, one or more loans from 9 Centric Bank, and had lent that money to Christopher 10 Polkinghorn. This was done, again, for the purpose of 11 obtaining a higher rate of return on their investment money. 12 So the opening of the LLC did not precede the 13 initial loans. This was an attempt, again, just to generate 14 income for household personal purposes . They are not in the 15 business of buying and rehabbing and flipping properties, 16 although that is what Christopher Polkinghorn was in the 17 business of. 18 My clients were simply victims of fraud on 19 the part of Christopher Polkinghorn. They encouraged them 20 to open up the LLC. They encouraged them to borrow the 21 money. My client has a judgment against Christopher 22 Polkinghorn for I think it is over a half million dollars . 23 But to, to suggest that what was going on 24 here was simply a business transaction is simply incorrect. 25 It may have some of the trappings of a business transaction 10 r Y ! 1 because of the documents that the bank put out which stated 2 that this was a commercial loan. However, the initial 3 application, which was filled out by Christopher 4 Polkinghorn, was for a home equity line, home equity loan, 5 not a commercial term loan. 6 So on the face of these documents, if it is 7 determined that the purpose of the, of the loans was that of 8 a personal household reason -- and I suggest that it was -- 9 then a confession of judgment should not have been contained 10 in the documents. 11 MR. NIEMAN: Your Honor, consistent with Rule 12 206. 7 , we have pled in our Answer the specifics of the 13 nature of these loans . There is two actions here. I know 14 that you had called the one that involved the MMM 15 Investments, LLC. There is also a second action that is 16 just against Maria Stahl and Matthew Stahl. But the 17 documents are largely the same. I will just run through 18 them. 19 With respect to the case docketed at 20 2012-5062, which includes the LLC, with respect to that 21 loan, the Stahls have signed two documents that are called 22 business loan agreements that are attached thereto as 23 Exhibits A and B. Those documents specifically state that 24 the Stahls have received prior commercial loans from Centric 25 Bank and that the proceeds of the loans will be used solely 11 1 for business operations unless specifically consented to the 2 contrary by them in writing. They also represented that 3 they would not engage in any business activity substantially 4 different from those in which they are presently engaged. 5 Mr. and Mrs . Stahl signed a commercial 6 guaranty, which are attached to that document as Exhibits C 7 and D. Again, it is titled commercial guaranty. The Stahls 8 also signed on behalf of the LLC two limited liability 9 company resolutions to borrow/rate collateral which are 10 attached to the response. 11 Mr. Stahl signed on behalf of the LLC a 12 business enterprise affidavit in which he affirms that the 13 proceeds of this extension of credit are to be utilized in 14 the conduct of business enterprise engaged in the business 15 of real estate investments . He also went on to say that 16 that document that he, Mr. Stahl, exercises actual control 17 over the managerial decisions of the business enterprise. 18 With respect to that same document, Mr. Stahl 19 on behalf of MMM signed two disbursement requests and 20 authorizations in which he affirmatively stated that the 21 primary purpose of the loan is for business, including real 22 estate investment. 23 By making that selection he specifically 24 decided not to select a provision that says that the loan 25 was for personal family or household purposes or personal 12 s � I 1 investment . It is clear just from what you just heard and 2 from what is in the documents that the defendant did not use 3 the proceeds for personal, family or household purpose, but 4 used those proceeds to invest in a real estate investment 5 deal with Mr. Polkinghorn. 6 I think it is also telling that they formed 7 an LLC. Again, we allege this in our Answer -- it is 8 uncontradicted -- most people don' t form an LLC when they 9 are making investments with their personal family or 10 household for purposes of family household evidence. 11 The documents in the action that is docketed 12 at 2012-5061 are largely the same. There is number of 13 representations documents that are signed by the Stahls that 14 reference that their commercial loans, the proceeds are used 15 for commercial purposes . Much like in the other action. 16 But I think the thing that is most 17 interesting there is you heard about the fact that they have 18 a judgment against Mr. Polkinghorn in the amount of about a 19 half million dollars, and as Mr. Bleecher said, that they 20 are victims of fraud by Mr. Polkinghorn. But when they 21 confessed judgment against Mr. Polkinghorn for these deals, 22 they specifically stated that the judgment is not being 23 entered by confession against the natural persons in 24 connection with the consumer credit transactions . 25 So on the one hand they want this court to 13 } � l 1 say that these were commercial consumer -- these were 2 consumer household transactions . But, on the other hand, 3 when they file a claim against Mr. Polkinghorn, they are 4 saying that they are commercial transactions . 5 So it is our position that when you take this 6 all in total, and you look at the Rule and the facts that 7 are actually before the court, it is clear that these loans 8 were made for business purposes . The proceeds of the loans 9 which they received -- and they don' t dispute that -- were 10 used for business purposes . And it is clear that the Stahls 11 are unable to repay the loans or decided not to pay the 12 loans and now are looking for a way to just walk away from 13 it . Thank you. 14 THE COURT: You would agree with me that if 15 you are successful in Dauphin County, the money is going to 16 be there. 17 MR. BLEECHER: I think that may well be the 18 case. But the sad certainty is that this, this confession 19 of judgment that is before the court is, is, with respect to 20 a lien on the personal residence of the clients . The idea 21 that the bank would move forward and execute on a judgment 22 against their personal residence at this time considering 23 the allegations of fraud on the part of Centric Bank and Mr. 24 Polkinghorn and Mr. Meck, I think would be, would be unfair. 25 Now, I recognize that the court gave me until 14 s 1 a certain date of time to do depositions . But the case law 2 would indicate, the Supreme Court has said that the court 3 may consider evidence outside the record when making a 4 decision with respect to opening a judgment . 5 I 'm simply asking the court to take judicial 6 notice of the complaint filed in Dauphin County yesterday 7 against Centric Bank and Michael Meck. It is a matter of 8 record. I ask the court to take judicial notice of it and 9 consider the facts, the verified facts that are contained in 10 that complaint, and that the court therefore will open the 11 judgment . We ' re not asking for you to strike the judgment 12 at this point . I will withdraw that request. So I am 13 asking that you open the judgment so that additional 14 evidence can be taken and so that this matter will not move 15 forward to execution while these other matters are pending 16 in Dauphin County. 17 MR. NIEMAN: Your Honor, my only response 18 would be is your Order was clear and the Rule is clear on 19 what the rules are for this . And, you know, handing up a 20 complaint, you know, it is a hearsay document. I have not 21 had the opportunity in the course of a deposition to 22 cross-examine. 23 THE COURT: It is a question of the 24 timeliness . We have been at this since August . Now you say 25 I have an absolute defense now, I filed it yesterday, don' t 15 1 do anything. It doesn' t work like that, Mr. Bleecher. 2 MR. BLEECHER: Judge, I had approximately, I 3 don' t know, 800 pages were turned over by counsel with 4 respect to the due diligence that was allegedly performed by 5 the bank before they made these loans to my clients . 6 Certainly it took me time to go through those documents, 7 took me time to prepare the complaint. I finally got the 8 complaint filed. It is of record. It seems to me that it 9 is not a violation of your Order to ask if you would 10 consider matters outside the record that are public record. 11 THE COURT: I think I have examined these 12 documents pretty closely. Again, your initial request to 13 open or strike in this matter was simply that these were 14 consumer loans, you can' t confess judgment against them. 15 But there is not one document in the complaint that says 16 anything about consumer. It was always commercial. I am at 17 a loss to understand why your clients had to form this LLC 18 to get a "consumer loan" . 19 Now it seems to me you are telling me now 20 that it was bank insiders that convinced them to do this for 21 some advantage. But even you say we were doing this so we 22 could make more interest . We could do better than a CD. 23 Sounds like a commercial transaction. 24 MR. BLEECHER: Well, in my IRA account, if I 25 am able to take some money from my IRA account and invest in 16 si- 1 real estate, and there are such vehicles for investing IRA 2 money in real estate, if I am able to do that, does that 3 make my investment a commercial transaction? 4 THE COURT: If you sign papers that say it is 5 all commercial . 6 MR. BLEECHER: Well, just because a paper say 7 it' s commercial doesn' t mean that it is if your action -- 8 THE COURT: I wish you the best of luck in 9 Dauphin County. Maybe the FBI will solve your problems for 10 you. But I am going to enter this Order: 11 AND NOW, this 18th day of January, 2013, 12 after argument in the above-captioned matter, the defendant 13 having indicated that he is withdrawing his Motion to 14 Strike, and after argument in the case, IT IS HEREBY ORDERED 15 AND DIRECTED that the defendant ' s Motion to Open Judgment is 16 denied. 17 By the Court, 18 /s/ M. L. Ebert, Jr. , J. 19 THE COURT: Anything further, gentlemen? 20 MR. NIEMAN: Just so we are clear, that is 21 with respect to both cases . 22 THE COURT: Yes . 23 MR. BLEECHER: Will you entertain a Motion to 24 Reconsider? 25 THE COURT: I am at a loss to understand why 17 1 something in Dauphin County would now stop this. This is a 2 question of equity for the court . You have a remedy over 3 there. If you are correct, you are going to win all of 4 these things and the FBI is going to charge Centric Bank 5 with fraud. 6 MR. BLEECHER: I would like to present the 7 court with cases which indicate while there is a divergence 8 of opinion, the cases which indicate it is not in the 9 discretion of a court where there' s a petition to open. 10 In fact, the petitioner on a petition to open 11 a judgment has the right for the court to consider evidence 12 outside the record. It is not a matter of discretion alone, 13 although other cases say it is, but that if the petitioner 14 is able to present evidence that there is a meritorious 15 defense, then the court must open. I am asking to court to 16 take judicial notice of a document filed in Dauphin County. 17 THE COURT: I can' t prevent you from filing a 18 Motion to Reconsider. You can argue that . You will 19 respond. 20 MR. NIEMAN: Okay. 21 THE COURT: Stand in recess . 22 MR. BLEECHER: Thank you. 23 MR. NIEMAN: Thank you. 24 (Whereupon, the proceeding was 25 concluded at 9 : 43 a.m. ) 18 r � � 1 2 3 CERTIFICATION 4 5 I hereby certify that the proceedings are 6 contained fully and accurately in the notes taken by me on 7 the above cause, and that this is a correct transcript of 8 same. 9 10 11 Aar T. Farley, Official Court Repor r 12 13 - - - - - - - - - - - - - - - - - - - 14 15 16 The foregoing record of the proceedings on the 17 hearing of the within matter is hereby approved and directed 18 to be filed. 19 20 21 ,� �Al Date M. L. Ebert, Jr. , 22 Ninth Judicial Dist ict 23 24 25 19 Rob Bleecher,Esquire f ILED-OFFICE Attorney I.D.No. 32594 OF THE PROTHONOTARl Pecht&Associates,PC 2013 APR I I PM 1-' 16 1205 Manor Drive, Suite 200 Mechanicsburg,PA 17055 CUMBERLAND COUNTY (717)691-9809 PENNSYLVANIA Timothy J.Nieman,Esquire Attorney I.D.No.66024 Rhoades& Sinon LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg,PA 17108-1146 (717)233-5731 CENTRIC BANK, : IN THE COURT OF COMMON PLEA' S : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. CIVIL ACTION-LAW MATTHEW STAHL and MARIA STAHL, Defendants CENTRIC BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. : CIVIL ACTION-LAW MMM INVESTMENTS,LLC, and : NO.2012-5062 MATTHEW STAHL and MARIA STAHL, Defendants APPLICATION TO ENLARGE TIME PERIOD AND NOW, comes the Defendants Matthew Stahl, and Maria Stahl, and MMM Investments, LLC, (hereinafter the "Defendants"), and Plaintiff Centric Bank (hereinafter "Plaintiff') and jointly file the following Motion to Enlarge Time Period pursuant to Rule 1925 (b) (2)of the Pennsylvania Rules of Appellate Procedure and state as follows: 1. On August 31, 20012, Defendants filed Petitions to Open or Strike Off the Confession of Judgment in this Honorable Court. 2. On January 18, 2013, this Honorable Court entered an Order denying Defendants Petitions. 3. On February 6,2013,Defendants filed Motions for Reconsideration. 4. On February 15, 2013, Defendants filed Notices of Appeal in the instant cases. 5. On February 20, 2013, this Honorable Court entered its Order denying Plaintiffs' Motion for Reconsideration. 6. On February 20, 2013, this Honorable Court entered its Order directing Defendants to file a Concise Statement of Errors Complained of on Appeal pursuant to Rule 1925 of the Pennsylvania Rules of Appellate Procedure on or before March 13,2013. 7. On March 13, 2013, Defendants filed an Application to Enlarge Time Period with the concurrence of Plaintiff in order to explore settlement. 8. On March 21, 2013, this Honorable Court granted the Application and Ordered that the Defendants' Concise Statement of Errors Complained of on Appeal would be I due on April 12, 2013. 9. The parties now have an agreement in principle to settle the matters that are the subject of the above captioned cases. 10. The parties need additional time to finalize the settlement and cannot do so',before the close of business on April 12,2013. 11. Since the parties may resolve the instant cases by settlement, it would be a waste of udicial resources to proceed with Defendants' Appeal at this time. 12. Judge Ebert has had prior involvement in this case. 2 WHEREFORE, the parties jointly pray this Court will enlarge the time period for filing the Concise Statement of Matters Complained of on Appeal for thirty (30) additional days to May 12, 2013. Respectfully Submitted, RHOADS & SINON LLP PECHT&AS$QeWES,PC B � ;�' y: _ By: Timothy J. ,Esquire Rob , squire Attorney I.D. No. 66024 Attorney I.D. No. 32594 One South Market Square, 12 h Floor 1205 Manor Drive, Suite 200 P.O. Box 1146 Mechanicsburg,PA 17055-4917 Harrisburg,PA 17108-1146 (717)691-9809 (717)233-5731 Attorney for Defendants Attorney for Plaintiff Dated: April 10, 2013 Dated: April 10, 2013 3 CERTIFICATE OF SERVICE I, Rob Bleecher,Esquire, hereby certify that a copy of the Application to Enlarge Time Period has been served upon the below-named party, by United States mail, first-class postage prepaid: Timothy J. Nieman, Esquire David B. Dowling,Esquire Rhoads& Sinon LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Dated: April 10, 2013 Rob leecher, Esquire CENTRIC BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. : CIVIL ACTION-LTV : NO. 2012-5061 f/ MATTHEW STAHL and MARIA STAHL, Defendants CENTRIC BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION-LAW MMM INVESTMENTS,LLC, and : NO. 2012-5062 MATTHEW STAHL and c. MARIA STAHL, Y� --- Co Defendants i PROPOSED ORDER c T' � - AND NOW, this I S I —day of hri , 2013, upon consider ton-i'f t1k,r --i Parties' Joint Application to Enlarge Time Period, it is Ordered that the Parties' Joint' Application is Granted and the Defendants' Concise Statement of Errors Complained of on Appeal is due on or before May 12, 2013. J. Distribution: Rob Bleecher, Esquire Timothy J.Nieman, Esquire Pecht& Associates, PC David B. Dowling, Esquire 1205 Manor Drive, Suite 200 Rhoads & Sinon LLP Mechanicsburg, PA 17055-4917 One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Rob Bleecher,Esquire � 11LEC-O t #CE Attorney I.D.No. 32594 OF THE PPS I FIORD B AR" Pecht&Associates, 2013MAY -8-80 1205 Manor Drive, Suite 200 Mechanicsburg,PA 17055 CUMBERLAND COUNTY (717)691-9809 PENNSYLVANIA Timothy J.Nieman,Esquire Attorney I.D.No.66024 Rhoades& Sinon LLP One South Market Square, 12`h Floor P.O.Box 1146 Harrisburg,PA 17108-1146 (717)233-5731 CENTRIC BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION -LAW : NO. 2012-5061 MATTHEW STAHL and MARIA STAHL, Defendants CENTRIC BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. : CIVIL ACTION- LAW MMM INVESTMENTS, LLC, and : NO. 2012-5062 MATTHEW STAHL and MARIA STAHL, Defendants APPLICATION TO ENLARGE TIME PERIOD AND NOW, comes the Defendants Matthew Stahl, and Maria Stahl, and MMM Investments, LLC, (hereinafter the "Defendants"), and Plaintiff Centric Bank (hereinafter "Plaintiff') and jointly file the following Motion to Enlarge Time Period pursuant to Rule 1925 (b) (2) of the Pennsylvania Rules of Appellate Procedure and state as follows: 1. On August 31, 20012, Defendants filed Petitions to Open or Strike Off the Confession of Judgment in this Honorable Court. 2. On January 18, 2013, this Honorable Court entered an,Order denying Defendants Petitions. 3. On February 6, 2013, Defendants filed Motions for Reconsideration. 4. On February 15, 2013, Defendants filed Notices of Appeal in the instant cases. 5. On February 20, 2013, this Honorable Court entered its Order denying Plaintiffs' Motion for Reconsideration. 6. On February 20, 2013, this Honorable Court entered its Order directing Defendants to file a Concise Statement of Errors Complained of on Appeal pursuant to Rule 1925 of the Pennsylvania Rules of Appellate Procedure on or before March 13, 2013. 7. On March 13, 2013, Defendants filed an Application to Enlarge Time Period with the concurrence of Plaintiff in order to explore settlement. 8. On March 21, 2013, this Honorable Court granted the Application and Ordered that the Defendants' Concise Statement of Errors Complained of on Appeal would be due on April 12, 2013. 9. On April 11, 2013, the parties filed an Application to Enlarge Time Period in order to explore settlement. 10. On April 15, 2013, this Honorable Court granted the Application to Enlarge Time Period and Ordered that the Defendants' Concise Statement of Errors Complained of on Appeal would be due on May 12, 2013. 11. The parties now have a draft settlement agreement that is being reviewed, but review cannot be completed by close of business on May 12, 2013. 2 12. Since the parties may resolve the instant cases by settlement, it would be a waste of judicial resources to proceed with Defendants' Appeal at this time. 13. Judge Ebert has had prior involvement in this case. WHEREFORE, the parties jointly pray this Court will enlarge the time period for filing the Concise Statement of Matters Complained of on Appeal for thirty (30) additional days to June 12, 2013. Respectfully Submitted, RHOADS & SINON LLP PECHT& ASSOCIATES, PC By: By: ( Timothy J. Ni' ,Esquire Rob Bleecher, Esquire Attorney I.D. No. 66024 Attorney I.D.No. 32594 One South Market Square, 12th Floor 1205 Manor Drive, Suite 200 P.O. Box 1146 Mechanicsburg, PA 17055-4917 Harrisburg, PA 17108-1146 (717) 691-9809 (717)233-5731 Attorney for Defendants Attorney for Plaintiff Dated: May 7, 2013 Dated: May 7, 2013 3 CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, hereby certify that a copy of the Application to Enlarge Time Period has been served upon the below-named party, by United States mail, first-class postage prepaid: Timothy J.Nieman, Esquire David B. Dowling, Esquire Rhoads& Sinon LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Dated: May 7, 2013 ��2-- Rob Bleecher, Esquire w CENTRIC BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION -L�i�V : NO. 2012-5061 MATTHEW STAHL and MARIA STAHL, . Defendants CENTRIC BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. CIVIL ACTION -LAW `T MMM INVESTMENTS,LLC, and NO. 2012-5062 MATTHEW STAHL and =M MARIA STAHL, A C , Defendants c-> PROPOSED ORDER AND NOW, this day of 2013, upon consideration of the Parties' Joint Application to Enlarge Time Period, it is Ordered that the Parties' Joint Application is Granted and the Defendants' Concise Statement of Errors Complained of on Appeal is due on or before June 12, 2013. J. Distribution: Rob Bleecher, Esquire / Timothy J. Nieman, Esquire Pecht& Associates, PC David B. Dowling, Esquire 1205 Manor Drive, Suite 200 Rhoads & Sinon LLP Mechanicsburg, PA 17055-4917 One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 ,r David B. Dowling,Esquire . ,m M.tl 1L1; C',11,i-1C'1 iE Attorney I.D.No.25452 1 + �t'�? �d ,� �� Timothy J.Nieman,Esquire Attorney I.D.No. 66024 .� irk' RHOADS& SINON LLP One South Market Square, 12th Floor CUMBERLAND COUAIT\, P.O.Box 1146 PENNSYLVANJ� Harrisburg,PA 17108-1146 (717)233-5731 Attorneys for Plaintiff,Centric Bank CENTRIC BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW V. NO. 2012-5061 MATTHEW STAHL and MARIA STAHL Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the within judgment satisfied. Respectfully submitted, RHOADS & SINON LLP By: David B. Dowling, Esquire Attorney I.D. No. 25452 Timothy J. Nieman, Esquire Attorney I.D. No. 66024 One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Centric Bank DATED: May 30, 2013 886986.1 CERTIFICATE OF SERVICE I hereby certify that on this 30th day of May, 2013, a true and correct copy of the foregoing document has been sent via United States Mail, postage prepaid to the following: Rob Bleecher, Esquire Pecht& Associates, PC 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 886986.1 J y superior (Court of Veuu!5p1bauia Karen Reid Bramblett,Esq. Pennsylvania Judicial Center Prothonotary Middle District P.O.Box 62435 Mary A.Graybill,Esq. 601 Commonwealth Avenue,Suite 1600 Deputy Prothonotary Harrisburg,PA 17106-2435 June 3, 2013 (717)772-1294 www.pacourts.us/courts/superior-court NOTICE OF DISCONTINUANCE OF ACTION RE: Centric Bank v. MMM Investments, LLC et al 324 MDA 2013 Appeal of: MMM Investments, LLC, and Matthew and Maria Stahl Initiating Document: Notice of Appeal Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 5061-2012 The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Participant Name Participant Type David B. Dowling, Esq. Centric Bank Appellee Robin David Bleecher, Esq. MMM Investments, LLC, and Matthew and Appellant Maria Stahl Timothy James Nieman, Esq. Centric Bank Appellee /ca c=:> °v tTi C- C..) IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING IN HARRISBURG No. 324 MDA 2013 Centric Bank : Appeal from the O/E 1/18/2013 V. :Court of Common Pleas Matthew Stahl, and :for the county of Cumberland Maria Stahl :No. 5061-2012 06/03/2013 - The above appeal is hereby withdrawn and discontinued by order of: Rob Bleecher, Esq. Attorney for Appellant 06/03/2013 - DISCONTINUED TRUE COPY FROM RECORD IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court, at Harrisburg, this 3rd day of June, 2013 Deputy Prothonotary