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HomeMy WebLinkAbout12-7122;,-~ ;~, r t~~-~~~°~ ~~t;L~rsD COUPI7 `;~ ~'~'i~iSYLYr~?~IA METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly(a»mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Banlc/Harrisburg, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ~~~ t~ DOCKET NO. ~ v~ - ~ ~ ~-a TAMMY S. BRINKLEY d/b/a STOLEN MOMENTS PHOTOGRAPHY, Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the Confession of Judgment clause in the Note, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff and against Defendant as follows: a ~~ ag33~~ ~~~~~~ ~~1e~ Principal: $8,193.67 Interest through 10/9/12: $43.07 Late Charges through 10/9/12: $138.96 Attorneys' Commission (10%L $837.57* TOTAL $9,213.27 * Only reasonable attorneys fees will be collected by the attorney. Interest at the per diem rate of $0.95 attorney fees and costs of this action continue to accrue. Respectfully submitted, Bather Z. Kelly, uire I.D. No. 86291 Appearing herein for Defendant Date: November 19, 2012 ~` :, _ ~~~ ~ t k~ ~~ _~._ ~ , 7;~;~ ti R <~ ~1 r:'i ~G~ ~,F] "` + r 4r E~.,~trr;~ ~Q~t~~'~~'~' ~~ METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellvna,mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . v. Cl~ ~~ DOCKET NO. ~ a-~112a TAMMY S. BRINKLEY d/b/a STOLEN MOMENTS PHOTOGRAPHY, Defendant COMPLAINT IN CONFESSION OF JUDGMENT NOW COMES, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. ("Plaintiff'), by its attorneys files the following Complaint in Confession of Judgment: 1. Plaintiff is a Pennsylvania state chartered bank with an address at 3801 Paxton Street, Harrisburg, PA 17111. 2. Defendant is Tammy S. Brinkley d/b/a, an adult individual with an address of 367 N. 24th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. On Mazch 10, 2006, Defendant executed a Promissory Note for a revolving line of credit, in the original principal amount of Ten Thousand Dollazs ($10,000.00) in favor of Plaintiff, which was modified on June 23, 2011 by a Change in Terms Agreement. True and correct copies of the Promissory Note and Change in Terms Agreement aze attached hereto as Exhibit "A" and referred to collectively as the "Note." 4. Defendant has defaulted under the Note by failing to make payments when due. 5. By correspondence dated October 5, 2012 and October 8, 2012, Plaintiff demanded payment in full from Defendant. True and correct copies of the October 5, 2012 and October 8, 2012 correspondence are attached hereto as Exhibit "B." 6. Defendant's payment and performance obligations aze secured by Defendant's business assets. Plaintiff perfected its security interest in Defendant's business assets by filing a Uniform Commercial Code Financing Statement with the Pennsylvania Department of State on Mazch 31, 2006 at instrument number 2006040600698 which was continued on February 17, 2011 at instrument number 2011021705523 (the " UCC-1"). 7. Defendant failed to repay the indebtedness in response to the October 5, 2012 and October 8, 2012 demands. 8. The Note was executed in connection with a commercial transaction. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 10. The Note has not been assigned. 11. Judgment has not been entered on the Note in any jurisdiction. 12. The warrant of attorney appearing in the Note is less than twenty (20) years old. 13. Plaintiff has taken all actions or complied with all conditions precedent in the filing of this action. 14. The entire remaining indebtedness evidenced by the Note, as of October 9, 2012 is $9,213.27 and is computed as follows: Principal: $8,193.67 Interest through 10/9/12: $43.07 Late Charges through 10/9/12: $138.96 Attorneys' Commission (10%): $837 57* TOTAL $9,213.27 * Only reasonable attorneys fees will be collected by the attorney. Interest at the per diem rate of $0.95, attorney fees and costs of this action continue to accrue. WHEREFORE, on the basis of the confession of judgment provision contained in the Note, Plaintiff demands judgment in its favor and against Defendant in the amount of $9,213.27, plus all interest which continues to accrue at the rate of $0.95 per day from October 9, 2012 forward, as authorized by Pennsylvania law, together with costs of suit. Respectfully submitted, MATTE, EVANS & WOODSIDE ~; By: ~ Heather Z. Ke y, Esquire I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: November 19, 2012 VERIFICATION I, John Robertson, Vice-President, Metro Bank, have read the foregoing Complaint in Confession of Judgment and verify that the facts set forth therein are true and correct according to the best of my knowledge, and that I am authorized to execute this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. o R bertson, Vice-President Me Bank f/k/a Commerce Bank/Harrisburg, N.A. Dated: /~~ ~ ~ ~ PROMISSORY NOTE`' ~, V - s » .. >.rllir# ~11b - ~: O~ ~ dpi .- - ~ ~ •- Refersnces ~ the shaded area era for Lendar'a use only arsd do not Nrrrit the applicabiity of this docurrront to any particulsr loan or loam. Any item above contain' •' • • -has bean omidsd due to text lea Grrsttatiorra. Borrower: Tammy S. Brinkley ISSN: ~ OBA: Lender: COMMERCE BANKAfARRISBURG NA. Stolen Monrsnb Phategnphy COMMERCIAL BUSNMSS DEPARTMENT 3121 Dlclrinson Awrnue 100 SENATE AVENUE Carrsp Hill, PA 17011 CAMP HILL , PA 17011 (717) 975-6630 t't'incipal Amount: 8 7 0,000.00 tnttiat gate: 9.50096 Date of Note: March 10, 2006 Maturity Data: March 10, 2017 PROMISE TO PAY. Tammy S. Brlnkiay 1"Borrower"} promises to pay to COMMERCE BANKMARRfSBURG N.A. ("Leader"), or order, N IawfuF money of the United Stabs of America, the principal arrrourrt of Ten Thousand & OOM00 Dorars (#10,000.00} m so much as Wray be outsgnding. toga>krer with lirbrest on the unpaid outstanding principal balarxe of each advance. Irrtsrest shah be caleulebd from the date of each advance until repaymsrrt of esch advance. PAYMENT. Borrower wIB pay thhs Man in firs 4rrrredlately upon Lender's demand. if no dennru! is made, Borrower w81 pay this lour in one paymwrt of d orrtstanding prinelpa) plw elf aa:rued unpsM Mterest on March 10, 2011. In additlon, Borrower wpl pay regWar arorrthly . payments of d aoenred urprald Irrtaraat due as of each payment dab, be~rrnbsg AprN 10, 2008. whh ap aubaequent intareat paynrerrts to be due axr the saws day of each martlr aRsr that, Urdesa otlMrrriee agreed or requkad by appgable law. paynaerb wHl ba sppNsd lkst to any accrued uapNd irrtarestr that to pdntdpal; then to any unpaid cdMctlon costs: srrd then to any late charges. The aruaad 6rbrest rob for thq Note 1s carrrputsd on •366/380 Msia; Drat Is, by spplying the ratb of tM arannri hrbnst rob atier a y..r of 36D days. mulltpliad by the outstarrdbrg Papal bdanoe, nrvi8pliad by the actual rrumbw of days the prirrdpN balance is orrtstarxiirrg. Borrower w11 pay Lender at Lender's mldrsss shown above a at such other piece as Lender may desigrrateJ to wrldrrg. VARIABLE INTEREST RATE, .The trstereet rats ors this Note-ia subject to change from time to tetra based an changes in an independent index which is the Prime Rate as pub8s}sed In the Money, Rate Section of the Wall Street Journal, if s range of rates Is published, the highest will be used. (the 'irWpc"}. The Irsdax +s not neeesaarily the lowest leis charged by Lender on Its loans. If the Index becomes unewilabie during the term of this loan. Lander may designate a aubstituta index after notice to Borrower. Lander w~i teN Borrower- the current Index rate upon Borrower's request. -The intetnat.~:change_wiFlFnot occur- more often than each day. 9arrower understands that Lender may make loans based on other rates ss wsN. The index wrrently is 7.50096 par aarrum. Tha irrtsrest rate b be applied to the uapald prirlcylal balance of this Note will M at a rata of 2.000 percentage polnb over the index, resulting in sn lnltfal rate of 9.50096 par anrrurn. NOTICE: Under no circumstances wilt the interest rate on this Nots be more than the maximum rate Mowed by applicable law. PREPAYMENT. Borrower sg-ees thsCSll'ioan fees and other prepay finance charges are earned fatly as of the date of the ban and will not be subject to retard upon early psymart (whether voluntary or as a rosutt of default?, except as otherwise required by law, Except for the foregoing, Borrower may pay wittwut psn~r. ail or a portion of the amount owed asrlbr than it is due. Eery payments wiN mot, unbss agreed to by t_endar in writing, relieve Borrower of Borrower's obligation to continue to make payments of aacrusd unpaid interest. Rather, early payments wiE roduce the principal bslsnca due. Borrower agrab rwt to send Lender payments marked "paid in full', 'without recouree', or similar language, If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under thin Note. and Borrower wilt romsin obligated to pay any further amount owed to Lander. AE wrrtbn communications concerning disputed amounts, including any check or other payment instrument that indlcates•tfiat the paymsrrt conatitutea "payment in full" of the wrrount owed a that is tendered with other conditions or Nmitadorw or as fuN satisfaction of a disputed amount must be msilad or delivered to: COMMERCE BANKlHARRISBURCa N.A., LOAN SERVIgNG, PO BOX 1195 CAMP HILL, PA 1 701 1-1 1 95. LATE CHARLIE. If a payment in 10 days ar more late, Borrower w111 be charged 6.000% of ttre regularly sehaduled payment. WT@IEST AFT9i DEFAULT. Upon default, inckxlirsg failure to pay upon final maturity, Lender, at its option, may, !f perrrittted under eppllcabls law, increase the variable irnsrost rate on this Note to 4.000 percentage poirna over the Index, The interest rate wr~l not exceed the maximum race permitted by applicable law. If judgmern is ernared in connection with this Note, interest will continue to sccrue on this Note after judgmert et the interest re~ app~icade to this Note m the time Judgment is enosred. DEFAULT. Each of the fogowirrg shall constitute an event of default ('Event of Defemutt'} under this Note: Payment DefauK. Borrower fails to make any payment when due under this Note. Qflrar Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contansd in this Note or in arty of the related documents or to comply with or to perform any farm, obligation, covenant or condhion cornained in any other agreement between Lender and Borrower. Default b Favor of Third Pardee. Borrower or arty Qrarrtor defaults under any loan, exterssion of credit, security agreement, purchase or ealaa sgresmert. or any other agreemert, in favor of.any other creditor or parson that may materiaNy affect say of Borrower's property or Borrower's abiNty to repay this Note or perform Borrower's obligations under this Nee or any of the related documents. F.n~l Oefatrit. Failure of any party to comply with or perform when due any term, obligation. covrenant or condition contained in any snv'sonmantal egreemern executed in connection with any loan. Febe Statsarerrta. Any warranty, reprosernation or stetemern mad® err furnished to Lender by Barrawar or on Borrower's behalf under this Note or the -elated documerts b fates or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading et arty time thereafter. Death or Maohrsncy. Tha death of Borrower ar the dissokrtion err terminatbn of Borrower's existence ss a goirrp business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creritor workout, or the cammencemern of any proceeding under any bankruptcy or InaoNsncy lams by or against Borrower. Cndkor or Forfeture Proceedings. Commsncamart of foreclosure or forfeiture proceedings, whether by judicial proceeding, sell-#telp, repossession or arsy other method, by any creator of Borrower or by any govemmerrtal agency against usy coliabrd securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit scCOUrns, with Lender, However, this Event of Default shell not apply H thoro is a good faith dispute by Borrower as to the valEdity or roasonebteness of the claim which is the basis of the credhor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture procaediing and deposits with Lender monies or a surety bond for the croditar or forfeiture proceeding, in an amount determined by Lender, in ha sob discretion, as being an adequate PROMISSORY NOTE Loan No: 1 6791 1 50-00 (Continued) reswve or bond for the dispute. Page Z Events Affecthg Ciuenmtor, Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guaramor dies or becomes incompetent, or revokes or disputes the validity of, or NabNity under, any guaranty of the indebtedness evidenced by this Neu. h the event of a death, Lender, at its option, may, but ahaN not b• required to, permit the Guarantor's estate to assume uncond'RionaBy the obligations arising under the guaranty in a manner satisfactory to Lander, and, in doing so, cure any Event of Default Adwrea Change. A malarial adverse change occurs in Borrower's financial condition, or Lander believes the prospect of payment or performance of this Nots is impaired. Insscuilty, Lender in good faith believes itself insecure. Coro Provfsbets. If any default, other than a dafauft in paymarn is curable and if Borrower has not bean ~nren a notice of a breach of the sarrw provision of this Note within the preceding twelve {12) months, h may be cured if Borrower, after receiving written notice from Lender dsmandkg cure of such default: (1} cures the default wrthin fifbesn (15} days; or Ili if the taro requires more than fifteen (76) days, immediately inidatea steps which Lander deems in Lender's seta discretion to be sufficient to cuss the default and thereafter continues end completes aN reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lander may, after giving such notices as required by appRcabla law, dsciara the er>tire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. tender may hire or pay sameona else to help coNact title Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under appbcabk law, Lender's attorneys' few and lender's legal expanses, whether w not there is a lawsuit, including attorttays' fees, expenses for bankruptcy proceedings (including afforte to modify or vacate any automatic stay or injunction}, and appeals. If not prohibited by applicable few, BoROwer also wNl pay any court coats, in addition to all other sums provided by law. QOVERNW(i LAt#V. This NoRs wIN M pwrsmed by federal Iew,appRcabk to Lander and, to the extent not preempted by fedent law, the ~ws of the Commonw~ahh of Pennsylrenia whhout regard to ib cotNacts of law provisions. This Note has been accepted by Lander ti the CommonwsaMh of Pennsylrartla. RIGHT OF SETOFF. To the extern permitted-biy applicable law, lendar.reservea a right of setoff in all. Borrower's accounts with Lender (whether checking, savings, w some other account}..This }naiades aN _accourts _Barroyyor. holds jointly with somecna else and aN accounts Borrower may open in the future. However, this does not include any lRA w Keogh accounts, w any treat accounts for which setoff would be prohibited by _ _ law. Borrower authorizes Lander, to,the extent pe~tNtted..by.~plicable lew,_to.charge_w aetoff,ell~aums owing on the indebtedness against arty end ai! such accounts. COLLATERAt» Borrower acknowledges this Note is secured by 2nd Sian priority security interest in all business assets and a 3rd mortgage behind a COBH 1st mortgage of •81,181 artd a COSH 2nd mortgage of ;30,000 on the borrower's personal residence located at 3121 Dickinson Avenue, Camp Hill, PA 17011. PROPERTY INSURANCE. Bortower understands that Borrower is required to obtain insurance for the collateral aecurMg this Note. Further information concerning this requirement Ls set forth in the Security Agreamarn and Mortgage and in the Agreement to Provide Insurance, all the farms and ccndrtions of which ors hereby incorporated and made a pert of this Note. LINE OF CREDIT. This Note evidences a revoh-~g line of credit. Advances under this Note, as wall as directions for payment from Borrower's accounb, may be requested wally o- in writing by Borrower or by an authorized person. Lender may, but Heald Hat, require that all oral requests be confirmed in vrrking. .Borrower agree; to be liebtq for ell sums either; (A) advanced in accordance with the inalructlona of an authorized person or (Bi credited to any of Borrower's acoourns with Lender. The unpaid principal balance owing on this Nots rn any tirt~e may be evidenced by ondoraemartts on tl~s Note or. by Lender's internal records, including daily computer prim-outs. Lender wiN have no obligatron to advance funds under this Note if: tAl Borrower or any guarantor is in defauh under the terms of this Note or any agresmsm that Bortowar or any guerentw has with Lander, including any agreemsm made in connection with the signing of this Note; (B) Borrower or any guaramw ceases doing business or is inacivern; (Ci any guarantor seeks, claims w otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lander; {D) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender; or (E) Lender in good faith believes itself insecure. POST CL08MIti COMPLIANCE. Borrower agrees to execute, re-axacuoe, cause a Guaramor(s) or other third party{seal involved in the loan transaction to execute andlor re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any documem or instrument signed in connection with the Loen which was incorrectly drafted and/w stgned, ~ well as arnr document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered, Borrower agrees to comply with any written request by Lender within ten {10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lander, upon notice to Borrower, constitute an event of default under the Loan. ANNUAL PAYOUT PERIOD, Bortower shall be required to reduce the outstanding principal balance under this Une of Credit to zero for a thirty i30) consecutive day period during each year of the Lino of Credit. REQUIRED DEPOSIT ACCOUNT. Borrowet(si and guarantor(s) shall be required to establish and mair-tain primary deposh acccurn ralationahip with Commerce Bank. COLLATERAU2ED/CROSS DEFAULTED. This loan is Cross Collateralized/Cross Defaulted with Facility A. SBA PROVISION. Tho Loan eocured by this I'ren was made under a United States Small Business Administration (SBA) nationwide program which uses tax dollars m assist small business owners. If the United States is seeking to onforoe this document, then under SBA regulations: a)When SBA is the holder of the Note, thin documern and all documents evidencing or securing this Loan wiN ba construed in accordance with federal law.b)Lender or SBA may use kcal or state procedures for purposes such as fiNrg papers, record'eg documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity from local w state comrol, penahy, tax or IlabNity. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obGpstion of Borrower, or defeat any claim of SBA with respect to this Loen.Any clause in this document requiring arbitration ie not anforoeable when SBA is the holder of the Nets secured by this instrument. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure m the benefR of Lander and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION tfYE REPORT TO CONSUk1ER Rt8a0RTiNd AGENCIES. Please notify ua if ors report any inaccurate information about your accouni(s1 io a conr;' 'r reporting agency. Your written notice deacr~ir ie specific irtac~eicar(iea) should be sent to us ar the following address: COMMERCE 81~ HARRISBURG N.A. LOAN SERVICING PO BOX 1 CAMP HILL, ~A `1-7011-1195. Loan No: 1 6797 1 50-DO PROMISSORY NOTE {Continued) ~~~~T Page GENERAL PROYIS10N8. This Note is payable an demand. The inclusion of specific default provisions or rights of Lander shall not preclude Lender's right m declare payment of this Note on its demand. If any part of this Note cernot be enforced, this fact wfli not affect the rear of the Note. Lander may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly statod in writing, no party who signs this Note, whether as maker, guarantor, accammodatlon maker or endorser, shag be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan ar release arty party or guarantor or collateral; or impair, fail m realize upon or rfact Lender's +tY interest in the collateral; and take a ~ aecur ny other action deemed necessary by Lender witftout the consent of or notice to anyone. Ali such parties also agree that Lander may modify this loan without the consort of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint end several. If any portion of this Note is for any reason determir-ed to be unanforcaeble, k wig not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY .ATTORNEY OR THE PROTHONOTARY OA 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 {1096) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLAR5 (8500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE: BORROWER HEREBY WAIVES ANY RIfiHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING tN CONNECTION WCTH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPEpF1CALLY CALLED THIS CONFESSION OF JUDGMENT. PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE. BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREF.$ Tp THE TERRAS DF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OFA COMPLETED COPY OF-YEWS PROMiSSORY~NDTE. THIS NOTE IS dY911 UNDER SEAL AND R IS BITEf11QED-THAI THIS NOTE IS -AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED MISTRt1MENT ACCORDg11G TO LAW: ~ ' :. .~, _,.. . _-. , -_ _ ___ ._ _ BORROWS . X ,Baal) my S. - wre n~o ~~ r.. uaxm. 4r. wrw ti.w Asia ra ice, aoaa N IIMr •..aa. - M 71-Mr wuu DiSCLO: RE FOR CONFESSION OF Jl. aMENT fir. = ~ iii I~ lies ' ~ t~6T~4'#i Refxences M the shaded area ant for Lender's use only and do not limit the epplicabiity of this document to any particular ban or item. A item above contain "• • •" has bean omitted due tb text limitations. Dedarant: Tammy S. Brinkley ISSN: DBA: ~andBr: COMMERCE BANKIHAINtISBURG NA. SLoMn MomwKs Photography COMMERCU-L BUSINESS DEPARTMENT 3121 Dkklmon Avenue 100 SENATE AVENUE Camp Hl~, PA 17011 CAMP HILL , PA 17011 (7171976-6830 DISCLOSURE FOR CONFESSION OF JUDGMENT ~.~ 1 AM IXECUTING, THIS ` ~ DAY OF ~ f ME TO REPAY THAT AMOUNT. 20~, A PROMISSORY NOTE FOR 670,000.00 OBLIGATBIG A. 1 UNDERSTAND THAT THE NOTE CONTAINS A C.ONFESSK)N OF JUDGMENT PROVISION THAT WOULD PERMR LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTK:E TO ME AND WRHOUT OFFERBIG ME AN OPPORTUNff'Y TO DEFEND AGANST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIQHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE YAL~ITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOUJNTARILY WAIVMI(i THESE RIt3{HTS, (NCLUDRiG ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERIAIG JUDGMENT AGAINST ME BY NFESSION A5 PROVIDED FOR IK THE CONFESSION OF JUDGMENT PROVISION. . ..... INRIALS: B. I FURTHER UNDERSTAND THAT IN ADDRION TO GNING LENDER THE RKsHT TO ENTER JUDGMENT AGAINST. ME WITHOUT ADVANCE NOTICE OR A HEARB~I©, THE CONFESSK)N OF JUDGMENT PROVtS10N IN~T~-NpTf`ALSO~ CdNT7t1NS LANQUAGE °THAT WOULD PERMR LENDER, AFTER ENTRY OF JUDGMENT, AGAIN VYITFIOUT ERHER ADVANCE NOTK:E OR A HEARNG, TO EXECUTE ON 7HE JUDGMENT BY FORECLOSING UPON. ATTACHING, LEWING ON, TAKING POSSfi:SS10N OF OR OTHERWISE SEEING MY PROPERTY, IN FULL OR PARTIAL PAYMENT Of THE JUDGMENT. YV EXECUTING THE NOTE. BENrG FULLY AWARE DF MY RIGHTS TO ADVANCE NOTICE AND A HEARMG AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, i AM KNOWINGLY, INTELLIG9~l1'LY AND VOLUNTARILY WAIVMIG THESE , AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY E7~CUTBIG ON THE JUDGMENT la ANY MANNER APPLICABLE STATE AND FEDERAL LAW, WRHOUT GIVING ME ANY ADVANCE NOTICE. INRU-LS: PE C. AFTER HAVNIG READ AND . DETERMpUED WHICH. OF :THE :FOLLOWING STATEMENTS ARE APPLICABLE, BY INRIALING EACH STATEMENT THAT APPLIES. I REPRESENT THAT: INRIALS 1. I WAS REPRESENTED BY MY OWN NDEPENDEM LEGAL COUNSEL NV CONNECTKNI WRH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISKN W THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL MICOME EXCEEDS #10,000; THAT THE BLANKS IN THtB DISCLOSURE WERE FILLED IN WHEN (INRIALED AND SItBYED R: ANO THAT 1 RECEIVED A COPY AT THE TIME OF SK3NING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTRUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. 4N711 AO I~If.7. W. 7.7LO1077 OeA. IYM" 171,1,1 ~ M. 17A 770% 1F17Ia NF17 CHANGE fN TERMS AGREEMENT Princip>t! Loan Dabs Msturity loan No cal t Coi Account t'>MIlcer Inltlak s9 989.34 03-10,2006 08-10-201 S 16791150-00 9$3 Relenrrvas in the boxes sbovs aro for Lenders uro only and do not Nmk fhapplbabNigr of this document to any psrtlax~ar loan or item. A 10ern above """ has been o ccli ~e to text le Ifmita. Borrower: Tsnany 6. BrMkisy DBA: Stolen Moments Candor. Metro Bank 3121 Avenue 3501 Paxton Stroat ~ Cane HIM, PA 17011 Narris4naS, PA 17111 (SSS) ea7-coca Pdncipat Mlouttt: 29,889.34 Date of Agreafnant: June 23, 2011 DESCRPTtON OF EXi3TiN0 INDPJ3TEDNEBS. itefar to the Promissory Note darted March 10, 2006. DESCRMaTiON ~ COLLATERAL. Rater io the Security Document dated March 10, 2006. DESCRN+TION OF CHANGE IN TERNFS. Effae:tlve as of the date of this Agreemer~ the tan shah be changed from a euainow Line of Credit to a forty ei~t (48) month term ban with a four (4) year arnortimtlon. The ban wW no longer have Nne avegabiiity end the inteetst rata shah be nxed at 52S% for the term of the ban. Prfndpa and Interest psymenta retlsotlng tits new amorBzatbn period will be in rho mount of 5231.Sb and wiM oonrrraenoe July 10, 2011 and ahal continare throughout the remainkag term of the lout. The maturity data atatl hie Jana 10, 2015 at wtdch tlrr-e all outstanding principal and interest, any fees and coats, shag be paid by eorrawer, Ths repaynant detaB la set forth bsbw. Upon the sxecudon ~ this Change In Terms Aaeament the Borrower ahe~ pay to the Lendor-aA owed past due interest: Thin Change In Terms Agreement Vs deemed to have bean effecWe as of March 10, 2011. PAYMENT. Borrower srNl pay this Iwn M aceardsna wqh tits fotioaring payoaant schedule, srhkh calwlsRss on tlrs urapad principal batatcas ss dasalbad b the "OITERE87 CALCUi.ATTON METHOD' paragraph wimp the hrlansst r~s duocibsd M !Isis paaradnph: a7 morrtttyi oonssouSve prNroipa and Intaraat payanrMa of X31.55 each, Irsginninp Joty 10, 2011, with Inbnest w~deulabd.on..tire unpaid prNarJpN balances usNrp sn hatanst rasa of 5.260% per annum based on a year d 3S0 daiYs; uM one prine~M end p~yrnent of i~31,#7 on Juns 10, 2013, with krisrsa! crMaathtsd vn the unpaid prk+dpa baancss using an inaarsat rats of s.2ti01L per annum band on : you'of 3S0 days. This estlrtaatad !!tool paYraant if based on tlaa •ssurapRion that aN paYnranta wM ba- reaada as scMdulsd; tM tactual Iu+wl principal and aaxxirad brlsreat not Yet Maid, boyetlwr wllh any other unpaid anaeuntr on thtE tout: "." ... ' .. • psym.rrt wNi be,-for al RtTEREST CALCULATION METHOD. Mtroernt on this lout k coraptrad on a 3851380 boob; That is, by appiying the ratio of tla irrtsrest rah oust ~intsrast psyab~N urrd bat Ispot~id use method. Thl~s ca~laahtlon mathodn auks k- InlsnstNnrie rhos 1t~ie metwrk Nftarast rains stated M itts loan doeumanb. CONTiNIIAMti VALJDiTY. Except as expreaaty changed by this Agreerttertt, the terms of the original obNgwtiort or obligations, Ntcluding all agrssments evidatced or sectatrg the obligation(s), remain unchanged and in full force and allact. Consent by Lander to thin Agreernsnt does not waive Lender`s right ~ staid psAormance of the obligation(s) as t~nnrtged, tar obUgrde Corder tD make any lobos change In terms. Nothing in this Agresnront wNl oonstlhrta a aatishwlion of the obNgatlon(i). It ii the Irttentlon of Candor b retain ea Ilabla partite sr makers aid endorsers of the oripkaai abMgaNon(s), induding axommodaNon parties, unless a party is sxpressy released by Lender to writing. Any maker or endorser. Ding accartnnodatlon makers, wiq not ba totsaasd by virus of thb Agroemerrt. tF any parson who signed the or~ina obligation does not sign thk Agreamertt bNow, then atl.psnona sigttiirtg bebw acknowbdpe that. Ws Agreement la glvsn cxtndlriort~y, based on the reprwsntatlon io Lander that the non-signing party cortser-ta to the changes and provisions of this Agreement or otfterwke will not be released by i[. This waiver apples not wady to arty initbl srdension, modNfaretion or rateaaa, but aso to at1 ouch subsequent actions. CONFE8810N OF JUDGEMENT. BORROWER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE NOTE DATED MARCH 10, 2005, REMAINS IN FULL FDRCE AND EFFECT AND LENDER'S RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS CHAWCsE IN TERMS AGREEMENT. THE DISCLOSURE FOR CONFESSION OF JUDGMENT DATED MARCH 10, 2006 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THl3 CHANGE IN TERMS AGREEMENT. BOTH THE NOTE AND THE DISCLOSURE FOR CONFESSION OF JUDGMENT ARE ATTACHED HETtETO AS EXHIBIT A. REFERENCE TO LENDER. This Change In Terms Agreemert b being made by Metro Bank famrrorty known as Commerce Bank /Harrisburg, N.A THIS AGRE8I~NT >t; GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEM)aNT IS AND SMALL CONSTITUTE AND HAYS THE EFFCC'T OF A liEAtgD INSTRUMENT ACCORDNiO TO LAW. PRIOR TO TFHS AOR!°_LlEtfi', BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF TH18 AGREEMENT. BORROWER AGREES TO S OF Ti# AGREEMENT. ,.-, ~-~•--~r--~ F3AN ~C October 5, 2012 3801 Paxton Street 888.937.0004 Harrisburg, PA 17i 11 mymetrobank.com CER'T'IFIED MAIL, RETURN RECEIPT REQUESTED Tammy S. Brinkley dba Tammy S. Brinkley Stolen Moments Photography 357 N. 24~' Street 367 N. 24m Street Camp Hill, PA17011 Camp Hill, PA 17011 David J. Brinkley 357 N. 24~' Street Camp Hill, PA 17011 Re: Indebtedness of Timmy S. Brinkley dba Stoles Moments Photography (the "Borrower") to Metro Bank flea Commerce BanlJ Harriabnrg, N.A. (the `Bank") as guarantied by David J. Brinkley (collectively, the "Gnarantors'~ Dear- Ms. Tammy Brinkley and Mr. David Brinkley; Responsibility for the loan an~angements between the Bank and the Borrower has been transferred. All communications from the Borrower and/or Guarantors to the Bank are to be addressed to Melissa Auman, Officer Title, P O Boz 4999, Harrisburg PA 17111, until further written notice from the Bank. Reference is made to the Promissory Note of the Borrower in the original principal amount of $10,000.00, dated March 10, 2006 and payable to the order of Metro Bank tka Commerce Bank/ Harrisburg/ N.A.(the "Term Note"). The Borrower is in default under the Term Note in that the Borrower has failed to, among other things, make payments when due and cessation of operations (the "Term Note Default"). This letter constitutes formal notice to the Borrower and Guarantors of the occurrence of the Term Note Default. Effective immediately, the Bank has elected to increase the rate of interest charged on the unpaid principal balance of the Term Note to the default rate of interest provided for in the Term Nate, which the interest rate due and payable under the Term Note plus 4.00'~o per annum (the "Tema Note Default Interest Rate"). The Borrower may continue to receive invoices for payments under the Term Note that do not reflect this change in interest rate. The failure of the Bank to forward invoices to the Borrower reflecting payments at the Tenn Note Default Interest Rate is in no event a waiver of the imposition by the Bank of the Term Note Default Interest Rate under the Term Note as of the date set forth herein. As a result of the Borrower's default, the Bank has elected to exercise its option to declare the entire unpaid principal balance of the Tenn Note and all accrued and unpaid interest to be immediately due and payable. As of October 5, 2012, there is unpaid, due and owing to the Bank under the Term Note the amount of 58,367.29. Demand is hereby made for the immediate payment in full of all amounts which are due and which may become due under the Term Note. The balance due under the Term Note may increase ar decrease as a result of the receipt of payments and the proceeds of collateral securing the Term Note and the accrual of interest, late charges, costs of collection and other fees, costs and expenses. Therefore, immediately prior to remitting payment, please contact Melissa Anmaa at (71'1) 412-6317 to obtain final payoff amounts and remittance. instructions. Nothing contained in this letter constitutes a waiver or release of any of the terms or provisions of the Term Note, The Demand Note or of any and all other notes, instruments or agreements between the Bank and the Borrower and/or Guarantors (the "Loan Documents"}. The Bank reserves all rights and remedies available to it under the Loan Documents and applicable law, all of which are expressly hereby reserved, No discussions between the Bank and the Borrower and/or Guarantors concerning this notification, other loan relationships between the Bank and the Borrower and/or Guarantors, or any other matter shall imply an agreement oa the part of the Bank to . waive any of its rights and remedies or to forbear from taking any action authorized by ., _ the Loan Documents or applicable -law, whether or not such discussions may' be continuing. Any communications with any representative of the Bank, whether oral or written, will be mere discussions only and will not in any way commit or be binding upon the Bank unless reduced to a writing signed by an authorized officer of the Bank. Such communications will not represent any course of dealing, and in no manner shall you rely in any way on any such discussions unless such communications are reduced to a writing signed by an authorized officer of the Bank The acceptance of any partial payment of any of the obligations of the Borrower and/or Guarantors to the Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance, Any delay or forbearance by the Bask in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver theroof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact me. Sincerely, METRQ BANK Melissa Auman Commercial Asset Recovery Specialist 'fit ,` ~~ ~ l ~ 3201 Paxton Street 888.937.0004 1 V Harrisburg, PA 17111 myrssetrobank.com October $, 2012 CER3'IFIED MAIL, RETURN RECEIPT REQUESTED Tammy S. Brinkley dba Tammy S. Brinkley David J. Brinkley Stalen Moments Photography 367 N. 24`" Street 1903 Princeton Ave. 367 N. 24`~ Street Camp Hill, PA17011 Camp Hill, PA 17011 Camp Hill, PA 17011 Re: Indebtedness of Tammy S. Brinkley dba S#olen Moments Photography (the "Borrower") to Metro Bank fka Commerce Bank! Harrisburg, N.A. (the "Bank") as guarantied by David J'. Brinkley (collectively, the "Guarantors") Dear leis. Tammy Brinkley and IVir. David Brinkley; Responsibility for the loan arrangements between the Bank and the Borrower has been transferred. All communications from the Borrower and/or Guarantors to the Bank are to be addressed to lt7elissa Auman, Officer Title, P O Box 4999, Harrisburg PA 1.7111, until fiuther written notice from the Bank. Reference is made to the Promissory Note of the Borrower in the original principal amount of $10,000.04,. dated Mareh 10, 2006-.and payable to the order of Metro Bank flca Commerce Banks' Harrisburg/ N.A.(the "Term Note"). The Borrower is in default under the Term Note in that the Borrower has failed to, among other things, make payments when due and cessation of operations (the "Term Note Default"). This letter constitutes farrnal notice to the IIoxrow~er and Guarantors of the occurrence of the Term Note Default. Effecti~~e immediately, the Bank has elected to increase the rate of interest charged on tli~ unpaid principal balance of the Term Note to the default rate of interest provided for in the Term Note, which the interest rate due and payable under the Term Note plus 4.00°.'o per annum (the "Term Note Default Interest Rate"). The Borro~-:er may continue to receive invoices for payments under the Term Note that do not reflect this change in interest rate. The failure of the Bank to forv4'ard invoices. to the Borrower reflecting payments at the Term Note Default Interest Rate is in no event a waiver of the . imposition by the Bank of the Term Note Default Interest Rate under the Term Note as of the date set forth herein. As a result of the Borrower's default, the Bank has elected to exercise its option to declaze the entire unpaid principal balance of the Term Note and all accrued and unpaid interest to be immediately due and payable. As of October ~, 2012, there is unpaid, due and owing to the Bank under the Term Note the amount of $8,367.29. Demand is hereby made for the immediate payment in full of all amounts which aze due and which may become due under the Term Note. The balance due under the Term Note may increase or decrease as a result of the receipt of payments and the proceeds of collateral securing the Term Note and the accrual of interest, late chazges, costs of collection and other fees, costs and expenses. Therefore, immediately prior to remitting payment, please contact Melissa Auman at (717) 412-6317 to obtain final payoff amounts and remittance. instructions. Nothing contained in this letter constitutes a waiver or release of any of the terms or provisions of the Term Note, The Demand Note or of any and all other notes, instruments or agreements between the Bank and the Borrower and/or Guarantors (the "Caen Documents"). The Bank reserves all rights and remedies available to it under the Loan Documents and applicable law, all of which are expressly hereby resen•ed. No discussions between the Bank and the Borrower and/or Guarantors concerning this notification, other loan relationships between the Bank and the Borrower and/or Guarantors, or any other matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such~discussions maS~ be continuing. Any communications with any representative of the Bank, whether oral or written, will be mere discussions only and will not in any way commit or bz binding upon the Bank unless reduced to a writing signed by an authorized officer of the Bank. Such communications will not n~present any course of dealing, and in no manner shall you rely in any way on any such discussions unless such communications aze reduced to a writing signed b3• an authorized officer of the Bank. The acceptance of any partial payment of any of the obligations of the Borrower and/or Guarantors to the Bank shall not be deemed a wai~,-er or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any° delay or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact me. Sincerely, METRO BANI~ Melissa Auman Commercial Asset Recovery Specialist `~~ ~/~'~ ~ ~ Hamsburg~ PA 17111 mymetroba 4k.com October 8, 2012 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Tammy S. Brinkley dba Stolen 1\Zoments Photograph3~ 357 N. 24`h Street Camp I-iilI, PA 17011 Tammy S. Brinkley 367 N. 24th Street Camp Hill, PA17011 David J. Brinkley PO Box 1214 Camp Hill, PA 17011 Re: Indebtedness of Tammy S. Brinkley dba Stolen Momenta Photography (tbe "Borrower"} to Metro Bank fka Commerce Bank! Harrisburg, N.A. (the "Bank") as guarantied by David J. Brinkley (collectively, the "Guarantors"} Dear Ms. Tammy Brinkley and Mr. David Brinkley; Responsibility for the loan arrangements between the Bank and the Borrower has been transferred. All communications from the Borrower and/or Guarantors to the Bank are to be addressed to Melissa Airman, Officer Title, P O Box 4999, Harrisburg PA 17111, until further written notice from the Bank. Reference is made to the Promissor)~ Note of the Borrower in the original principal amount of $10,000.00, dated March 10, 2006 and pa3~able to the order of Meho Bank ika Commerce Bank/ Harrisburg/ N.A,{the "Term Notc"}. The Borrower is in default under the Term Note in that the Borrower has failed to, among other things, make payments when due and cessation of operations {the "Term Note Default ~: 'Plus letter constitutes formal notice to the Borrower and Guarantors of the occurrence of the Term Nate Default. Effective immediate)},the Bank has elected to increase the rate of interest charged on the unpaid principal balance of the Term Note to the default rate of interest provided for in the Term Note, which the interest rate due and payable under the Term Note plus 4.00% per annum (the "Term Note Default Interest Rate"}. The Borrower may continue to receive invoices far pa3~rnents under the Term Note that do not reflect this change in interest rate. The failure of the Bank to forward invoices to the Borrower reflecting payments at the Term Note Default Interest Rate is in no event a wain=er of the imposition by the Bank of the Term Note Default Interest Rate under the Term Note as of the date set forth herein. As a result of the Borrower's default, the Bank has elected to exercise its option to declare the entire unpaid principal balance of the Term Note and all accrued and unpaid uiterest to be immediately due and payable. As of October 5, 2012, there is unpaid, due and ova°ing to the Barilc under the Term Note the amount of $8,367.29. Demand is hereby made for the immediate payment in full of all amounts which are due and which may become due under the Term Note. The balance due under the Term Note may increase or decrease as a result of the receipt of payments and the proceeds of collateral securing the Term Note and the accrual of interest, late charges, costs. of collection and other fees, costs and expenses. Therefore, immediately prior to remitting payment, please contact 1~Lelissa Auman at (71'~ 412-6317 to obtain final payoff amounts and remittance. instructions. Nothing contained in this letter constitutes a waiver or release of any of the terms or provisions of the Term Note, The Demand Note or of any and all other notes, instruments or agreements between the Bank and the Borrower and/or Guarantors (the "Loan Documents'. The Bank reserves all rights and remedies available to it under the Loan Documents and applicable law, all of which are .expressly hereby reserved. No discussions between the Bank and the Borrower and/or Guarantors concerning this notification, other loan relationships between the Bank and the Borrower and/or Guarantors, or any other matter shall imply. an agreement on the part of the Bank to ve-ai~~e any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such-discussions may be continuing. Any communications ~zth any representative of the Bank, whether oral or' v,~ritten, will be mere discussions only and will not in any way commit or be binding upon the Bank unless reduced to a writing signed by arl authorized officer of the Bank. Such communications will not represent any course of dealing, and in no manner shall you rely in any way on any such discussions unless such communications are reduced to a writing signed by an authorized officer of the Bank. The acceptance of any partial payment of any of the obligations of the Borrower and/or Guarantors to the Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any dela}8'or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact me. Sincerely, METRO BANK Melissa Auman Commercial Assei Recovery Specialist a {` !''. .._ ~ a~~.: ~ ~~ti~~, .'b: c ~•~~ ~ ' ~ 0 ~ ~,: I2 F'~'1EtiL~4l0 CC~I.il1T`' ~P!hv5YG.Y~,Pil~ METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellvnaxnette.com Attorneys for Plaintif~ j`' METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. TAMMY S. BRINKLEY d/b/a STOLEN MOMENTS PHOTOGRAPHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. Certificate of Address I hereby certify that the Defendant maintains an address at: Tammy S. Brinkley d/b/a Stolen Moments Photography 367 N. 24~' Street Camp Hill, PA 17011 Respectfully submitted, METTE, EVANS & WOODSIDE By: ~ Heather Z. Kelly, Esq' e I.D. No. 86291 3401 North Front Street P.O. BOX S9S0 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: November 19, 2012 ~ 1. t 1 A t ~,.' (f i L' f ~p ~.i ~ _' . . ~ t~3;~ ~~,t~~-;EfiL~a~~t~ CQU~~ i ,4,. ~'f ~~ l~`S y~ y~ Fr l,!~ METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly~a~,mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TAMMY S. BRINKLEY d/b/a STOLEN MOMENTS PHOTOGRAPHY, Defendant DOCKET NO. I ~ " ~ ~ ~ ~v ~' AFFIDAVIT OF NON-MILITARY SERVICE I am the attorney for Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., and according to the best of my information and belief, the Defendant is an adult individual and is not in the United States Military Service. Tammy S. Brinkley 367 N. 24~' Street Camp Hill, PA 17011 Respectfully submitted, METTE, EVANS & WOODSIDE By: Heather Z. Kelly, quire I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: November 19, 2012 ~~,~ '' ~~~,, ~ .~ v :,; , METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellyja~,mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. ~, ~-, t' ~~ ~: IIL'CIi~ ' ?F F~~~.'t~~~ yL ~N1~~' `;, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. TAMMY S. BRINKLEY d/b/a STOLEN MOMENTS PHOTOGRAPHY, Defendant NOTICE UNDER 42 Pa. C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A TO: Tammy S. Brinkley d/b/a Stolen Moments Photography 367 N. 24~' Street Camp Hill, PA 17011 Pursuant to 42 Pa.C.S.A. 2737.1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 2737.1, you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Respectfully submitted, METTE, EVANS & WOODSIDE By: Heather Z. Kelly, E uire I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: November 19, 2012 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which aze not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofaz as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment aze pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) j udgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. '~ I j METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly(a~,mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff ~ F r 3~i f 0 r; ~, ',~ ~d ~,~~ riL;~'~~C3 CgU1~ 7~ ; `' ~FlttJ ~ ~: t F , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TAMMY S. BRINKLEY d/b/a STOLEN MOMENTS PHOTOGRAPHY, Defendant ~1 l 2a ~U i 1 DOCKET NO. ~ Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Rishts TO: Tammy S. Brinkley d/b/a Stolen Moments Photography 367 N. 24~' Street Camp Hill, PA 17011 A judgment in the amount of $9,213.27 has been entered against you in favor of the plaintiff without any prior notice or hearing, based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Baz Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Respectfully submitted, METTE, EVANS & WOODSIDE By: Heather Z. Kelly, squire I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: November 19, 2012 METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . v. _ ~ ~ a a l~~u ~ DOCKET NO. TAMMY S. BRINKLEY d/b/a STOLEN MOMENTS PHOTOGRAPHY, Defendant ENTRY OF JUDGMENT Judgment has been entered against you in the amount of $9,213.27, as provided in the Note referenced in the Complaint plus continuing interest, attorney fees and costs. Date ~ ~Iao I~4 Prothono of Berl County ~ (SEAL) By: METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkel~(cr~,mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~~~;, a DOCKET NO. I ~ ` ~' TAMMY S. BRINKLEY d/b/a STOLEN MOMENTS PHOTOGRAPHY, Defendant NOTICE OF ENTRY OF JUDGMENT TO: Tammy S. Brinkley d/b/a Stolen Moments Photography 367 N. 24~' Street Camp Hill, PA 17011 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $9,213.27 as provided in the Note referenced in the Complaint plus all interest after the entry of such judgment at the rate permitted by law. Prothonotary o umbe d ty _ \ \ ~~~ '` SEAL Date By: