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HomeMy WebLinkAbout13-2242 C.' O -- E rn Ln N C) 4 ' CD C -t i =CD -. HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13 - -(2a 5(e + COON AND COMPANY d /b /a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached to the Complaint filed in this action, 1 appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal Sum Due - $ 8,304.17 Interest to 4/3/2013 - 320.46 Late Fees 4/3/2013- 137.62 Attorney's Commission (10% of unpaid principal balance and interest) - 862.46 Total - $ 9,624.71 Together with interest which continues to accrue after April 3, 2013 at the contract rate *4"00 Dp c# T615 �'� X895802 Y and until paid in full ($1.614699 per diem), additional late fees at the contract rate after April 3, 2013, reasonable and additional attorney's fees and costs as may be in incurred, any and all amounts expended or advanced by the Plaintiff relating to collateral securing the Note and Guarantees and costs of suit. HENRY & BEAVER LLP By: RC H �SS I.D. #55774 Attorney for Defendants on - 2 - s HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13— �;2d -o�. �ivil �e r< 0 '' COON AND COMPANY d /b /a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants COMPLAINT CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pa. R.C. P. No. 2951(b) for judgment by confession and avers the following: 1. The Plaintiff is Metro Bank f /k/a Commerce Bank / Harrisburg, N.A., with an office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. The Defendant Coon and Company d /b /a Century 21 Associates (hereinafter "Defendant Coon and Company ") is last known to do business at 322 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. I 3. The Defendants Richard A. Coon and Elizabeth K. Coon are adult individuals last known to reside at 355 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania 17013. 4. Attached hereto are true and correct copies of the Promissory Note dated, executed and delivered by Defendant Coon and Company d /b /a Century 21 Associates ( "Coon and Company ") to Plaintiff on or about April 16, 1999 in the original principal amount of Twenty Thousand Dollars ($20,000.00) (the "Promissory Note "), together with a Change in Terms Agreement in the original principal amount of Nineteen Thousand Eight Hundred Seven Dollars and Twenty -One Cents ($19,807.21) dated, executed and delivered by Defendant Coon and Company to Plaintiff on September 21, 2009 (the "Change in Terms "), Exhibits "A" and "B ", respectively. The Promissory Note and Change in Terms may hereinafter collectively be referred to as the "Note ". 5. Attached hereto are true and correct copies of Commercial Guarantees dated, executed and delivered to Plaintiff by the Guarantors, Richard A. Coon and Elizabeth K. Coon, on or about April 16, 1999, unconditionally guaranteeing the liability of Defendant Coon and Company pursuant to the Note (the "Guarantees "), Exhibits "C" and "D ", respectively. 6. The Note has not been assigned. 7. Judgment has not been entered on the Note or Guarantees in any jurisdiction. 8. Default was made by the Defendants in their failure to make timely payment of the installments of principal and interest due on the Note and Guarantees and in - 2 - failure to meet demand for payment in full issued thereon, whereby the entire sum is in default and immediately due and payable. 9. In order to secure payment of the Guarantees, Defendants Richard A. Coon and Elizabeth K. Coon made, executed and delivered to Plaintiff a real estate mortgage dated September 21, 2009, recorded November 5, 2009 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 200937505 (the "Mortgage "), conveying to Plaintiff a security interest in the real estate commonly known and numbered as 335 Hollowbrook Drive, Carlisle, Cumberland County, Pennsylvania 17013, and as more particularly described in the Mortgage (the "Real Property "). Judgment entered hereby on the Guarantees will relate back to the date of the Mortgage for lien priority as it relates to the Real Property. 10. As a consequence of the foregoing and pursuant to the Warrants of Attorney in the attached Note and Guarantees, Defendants are liable to Plaintiff as follows: Principal Sum Due $ 8,304.17 Interest to 4/3/2013 - 320.46 Late Fees 4/3/2013- 137.62 Attorney's Commission (10% of unpaid principal balance and interest) - 862.46 Total - $ 9,624.71 Together with interest which continues to accrue after April 3, 2013 at the contract rate and until paid in full ($1.614699 per diem), additional late fees at the contract rate after April 3, 2013, reasonable and additional attorney's fees and costs as may be in incurred, any and all amounts expended or advanced by the Plaintiff relating to collateral securing the Note and Guarantees and costs of suit. 3 - 11. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands judgment in the sum of: Principal Sum Due - $ 8,304.17 Interest to 4/3/2013 - 320.46 Late Fees 4/3/2013- 137.62 Attorney's Commission (10% of unpaid principal balance and interest) - 862.46 Total - $ 9,624.71 Together with interest which continues to accrue after April 3, 2013 at the contract rate and until paid in full ($1.614699 per diem), additional late fees at the contract rate after April 3, 2013, reasonable and additional attorney's fees and costs as may be in incurred, any and all amounts expended or advanced by the Plaintiff relating to collateral securing the Note and Guarantees and costs of suit, as authorized by the Warrant of Attorney appearing in the Note and Guarantees. HEN E LP By: M C I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorney for Plaintiff - 4 - PROMISSORY NOTE _ rr ne ps Loan ba 8 meffurity I AatxDar3 Officer t `i'tf ials 2a 000.00 1 04 l� 1995 References In the shaded area are for Lenders use only and do not limit the appllcablity of tits document to any ular ben or Item. Borrower: and Company &We Century 21 Associates Lender: Commerce Bank/Hardsburg, National Association Mein Off cWCommerclel cost Center 3 South Hanover Street P.O. Box 1589 Carlisle, PA 17015 100 Senate Avenue Camp Hill, PA 17001.6599 Principal Amount: =20,000.00 Interest Rate: 9.000 Date of Note: April 16, 1999 PROMISE TO PAY. Coon and Company d/b/a Century 21 Associates ('Borrower") promises to pay to Commerce BankMarrisburg, National I Association ('Lender'), or order, In lawful money of the United States of America, the principal amount of Twenty Thousand & 001100 Dollars ( ($20,000.00) or to much as may be outstanding, together with Interest at the rate of 9.000% per annum on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan on demand, or If no demand Is made, In one payment of all outstanding principal plus all accrued S unpaid Interest on April 16, 2000. In addition, Borrower will pay regular monthly payments of accrued unpaid Interest beginning May 16, 1999, = j and all subsequent Interest payments are due on the some day of each month otter that The annual Interest rate for this Nola Is computed on e 385/380 basis; that is, by,gpptyhg the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied other le ce es the actua n u m ber o f days the principal bade Ls outstanding. outstanding. Borrower will pay Lender at Lenders address shown above or at such IZ place Lender u des y ignale in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid collection cosy and late charges. PREPAYMENT. Borrower may PSY al` ion of the amount awed earlier than fi Is due. Early payments wig not unless agreed to by Lender In , ~ ,nr a P� SS writing, relieve Borrower of Borrower' Obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal S balance due. ? • LATE CHARGE. If a payment Is 15 days or more late, Borrower will be charged 6.000% of the regularly scheduled payment DEFAULT. Borrower wig be in default If any of the following happens: (a) Borrower falls to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fags to comply with or to perform when due arty other tarn, obflgaton, oovenaM or condition t contained In this Note or any agreement related to this Note, or In any other agreement or loan Borrower has wnh Lender. (c) Borrower defaults under t arty loan, extension of credit, security agreemenL purchase or sales agreement, or arty other agreement In favor of any other creditor or person that F may rnetarleQy affect any of Borrowers property or Borrowers ability to repay this Nola or perform Borrowers obligations under this Note or cry of the Related Documents. (d) Any representation or etatemant made or furnished to Larder by Borrower or on Borrowers behalf Is false or misleading in any material rasped elther now or at the time made or furnished. (e) Borrower becomes Insolvent, a receNer is appointed for any part of Borrowers properly, Borrower makes an assignment for the benefit of creditors, or any proceeding Is commenced efther by Borrower or against Borrower under any bankruptcy or Insolvency laws. (t) Any creditor tries to take arty of Borrowers properly on of In which Lender has a lien or Security Interest. This includes a garnishment of any of Borrowers accounts with Lander. (g) Arty guarantor dies or of the other events described In this default section F occurs with respect to any guarantor of this Note. (h) A material adverse change occurs In Borrowers financial con0on, or Lender believes the prospect of payment of performance of the Indebtedness Is Impaired. (1) Failure to meet the deadlines required In the Year 2000 Compliance l Agreement to be Year 2000 Compliant or a reasonable likelihood that Borrower cannot be Year 2000. Compliant on or before December 31, 1999. Larder in good faith deems Itself Insecure. H arty default other than a default In payment Is curable and 9 Borrower has not been given a notice at a breach of the same provision of this Note within One preceding twelve (12) months, it may be cured (and no event of default will have occurred) t Borrower, after receiving written notice from Lender demanding cure at such default (a) cures the default within ten (10) days; or (b) N the cure requires more than ten (10) days, Immedlalety Initiates steps which Lander deems In Lenders sole discreton to be sufficient to cure the default and thereafter continues and cornpletes al reasonable I and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon defau0, tender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount Upon delatA Including failure to pay upon final i maturity, Lender, at Its option may also, t panned under applicable low, Increase One Interest rate on this Note 2.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone also to help called this Note t Borrower does toot pay. Borrower also will pay Larder that amount. This Includes, subied to any [knits under applicable law, Lenders attorneys' fees and Larders legal S expenses whether or not there Is a lawsuit, Including attorneys' two and legal expenses for benknfpxy proceedings (Inducting efforts to modify or vacate arty automatic stay or in4unction), appeals, and arty anticipated post - judgment collection services. It not prohibited by applicable law, Borrower also will pay arty cart costs, In addition to all other sums provided by law. If Judgment Is entered in connection with this Note, Interest will continue to accrue on this Note attar Judgment at the existing Interest rate provided for In this Nate. This Note has been delivered to tender and accepted by Lender In ft Commonwealth of Pennsylvania. If there Is • lawsuit Borrower agrees upon LerWer's request to submit to the Jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania. Lender and Borrower hereby waive the right to any Jury trial In any action, proceeding, or counterclaim brought by either Larder or Borrower against the other. This Note shall be governed by and construed In 1 accordance with the lam of the Commonwealth of PQnnsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $10.00 N Borrower makes a payment on Borrowers ben and the check or preauthorized charge with which Borrower pays Is later & orored. RIGHT OF SETOFF. Borrower grants to Lender a contractual security Interest In, and hereby assigns, conveys, delivers, pledgee, and transfers to Lander all Borrowers right title and Interest In and to, Borrowers secants with Lender (whether checking, savings, or some other account), Including without ifmltation all accounts held jointly with someone also end all accounts Borrower may open In the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security Interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by appficable law, to charge or setoff all sums owing on this Note against any and all such accosts. LINE OF CREDIT. This Note evidences a revolving the of credit. Advances under this Note may be requested orally by Borrower or by an authorized person. Lander may, but need not require that all oral requests be confirmed In writing. Ail communications, instructions. or directions by telephone or otherwise to Lender are to be directed to Lenders office shown above. The following party or parties are authorized to request advances under the line of credit until Larder receives from Borrower at Lenders address shown above written notice of revocation of their authority: Richard A., Coon, President; and Elizabeth K Coon, Secretary. Borrower agrees to be liable for all semis either: (a) advanced In accordance with the Instructions of an authorized person or (b) credited to ary of Borrowers accounts with Lander. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Nate or by Larders Internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Note t: (a) Borrower or arty guarantor Is In default under the terms of this Note or any eyeement that Borrower or any guarantor has with Lender, Including any agreement made In connection with the slgnkg of this Note; (b) Borrower or any guarantor ceases doing business or Is Insolvent; (c) any guarantor seeks, chine or otherwise attempts to limit, modify or revoke such guarantor's guarantee of lids Note or any other loan with Lender, (d) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender, or (e) Lerdw In good faith deems bell Insecure under this Note or any other agreement between Lender and Borrower. ANNUAL PAYOUT PERIOD. Borrower shall be required to reduce the outstanding principal balance under this tine of Credit to zero for a thirty (30) consecutive day period during each year of the Line of Credit. GENERAL PROVISIONS. This Note Is payable on demand. The Inclusion 0 specific default provisions or rights of Lender shall not preclude Lenders right to declare payment d this Note an Its demand. Lender may delay or forgo enforcing arty of Is rights or remedies u rte Note witout losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extant allowed by law, waive presentrnent, demand for payment, protest and notice of dishonor. Upon any change in the tams of this Note, and unless otherwise expressy stated In wrftkg, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that La may renew or extend (repeatedly and for any length of tine) tns loan, or release any party or guarantor or collateral; or Impair, fall to realize upon or perfect Lenders security Interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Larder may modify War loan without the consent of or notice to anyone other than the party with whom the modification s made. If arty portion of this Note is for arty reason deterrrinsd to be unenforceable, Ill will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTAR' OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTEI EXHIBIT A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINS' BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNT }) EXPENDED OR ADVANCED BY LENDER RE L A TING TO ANY COLLATERAL :1 ;r.,N THIS NOTE TOGETHER WITH INTEREST N SUAMOUNTS, 7$� AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMM : :' :'�N OF TEN PERCENT (10%) OF THE UNPAID PR n 04.16 - 1999 PROMISSORY NOTE Page 2 Loan No 2806995 (Continued) BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL THE UEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO ANY OF BORROWER'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEVY OR OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE UEN OF SUCH JUDGMENT SHALL EXTEND TO SUCH RESIDENTIAL REA PROPERTY AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO EXECUTE, LEVY OR PROCEED AGAINST SUCH RESIDENTIAL REA PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEVY OR OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: Coon a=pn Cen tury 21 Associates By — ��SEAL) By� D .a ' � v 4y 4Jt r ,r- (SEAL) and A. Coon President EIlzaboW K. Coon, Secretary ATTEST: - ( Corporate Seal ) - S ecret6y or Assistant Secretary R..d flat.. Una of CmXL LASER PRO, Rep. U.S. Pat. 8 T.M. ON., Var. 32G. Le) 1898 CFI P,,Senk.e, Ire. M ABate raeoaroa IP A-D20 F328 OdC00a.LN C22A014 f CHANCE IN TERMS AGREEMENT 0 � Principal Loan Date I Maturity Loan No Call I Coll Account Officer' nitials 419,807.21 04 -16 -1999 09 -16 -2014 1 2806995 988 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 its Any item above containing "• `•" has been omitted due to text length limitations. Borrower Coon & Company Lender METRO BANK 322 South Hanover Street COMMERCIAL BUSINESS DEPARTMENT Carlisle, PA 17013 3801 PAXTON STREET HARRISBURG, PA 17111 (888) 937 -0004 Principal Amount: 4 19,807.21 Date of Agreement: September 21, 2009 DESCRIPTION OF EXISTING INDEBTEDNESS. Refer to the Promissory Note dated April 16, 1999 and the Change in Terms Agreements dated December 18, 2000 and February 16, 2001. DESCRIPTION OF CHANGE IN TERMS. Effective as of the date of this Change in Terms Agreement, the amortization of the Loan shall be changed from an interest only on demand revolving line of credit to a five (5) year term loan which will no longer have line availability and it will have a set maturity date. Principal and interest payments reflecting the new amortization period will commence October 16, 2009 and shall continue throughout the remaining term of the loan. The maturity date shall be September 16, 2014 at which time all outstanding principal and interest, any fees and costs, shall be paid by Borrower. Effective September 18, 2009 the variable Interest rate of Metro Bank Prime will be changed to a rate of interest fixed at 7.00% through maturity. The repayment details are set forth below. The following additional collateral Is granted as security for the above - referenced loan: Third lien mortgage on the Real Property located at 336 Hollow Brook Drive, Carlisle, PA 17013 Borrower agrees to execute and deliver all documents as required.by Lender to grant a security interest in the above additional collateral. Any recording fees associated herewith shall be the sole responsibility of Borrower. PAYMENT. Borrower will pay this loan in 60 payments of $393.12 each payment. Borrower's first payment Is due October 16, 2009', and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on September 16, 2614, and will be for all principal and all accrued interest not yet paid. INTEREST CALCULATION METHOD. Interest on this ban is computed on a 3651360 basis; that is, by applying the ratio of the Interest rate over a year of 360 days, multipged by the outstanding principal balance, muftipiled by the actual number of days the principal balance is outstanding. All interest payable under this loan Is computed using this method. This calculation method results in a higher effective Interest rate than the numeric interest rate stated In the loan documents. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and In full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing In this Agreement will constitute a satisfaction of the obligation(s). it is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non - signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any Initial extension, modification or release, but also to all such subsequent actions. 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 (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 13E SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EiTHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. REFERENCE TO LENDER. This Change in Terms Agreement Is being made by Metro Bank formerly known as Commerce Bank / Harrisburg,. N.A. EXHIBIT 3 CHANGE HIM TERMS AGREEMENT Loan No. 2806595 (Continued) Page 2 THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. BORROWER: COON & COMPANY By: ..G ( Seel} Ellzaheth K. Goon, President of Coon & Company LASER PRO 7mYlnp. W. e. a&MM Cop, ffoeter.0 fi—W Be/..tlert,, )no. 1557. MD. A5 Rau PA. . • PA S %ICFl%Plt02MG0c 70-USM MIS • COMMERCIAL GUARA 1( tinrri :pa Gan: :Pilo a tirltX .000 O. .: fall References In tins shaded area are for Lenders use on and do not Iran the applicability m of this document to ban or b or ftsm. Borrower: Coon and Company d/b/a Century 21 Associates Lender: Commerce Bank/Harrisburg, National Association Main Oitica Commercial Cost Center 3 South .raver street P.O. Box 8599 Carlisle, PA 17013 100 Senate Avenue Camp HIIL PA 170016599 Guarantor: Elizabeth K. Coon 2212 Circle Road Carllsk% PA 17013 AMOUNT OF GUARANTY. This Is a guaranty of payment of 100.000% of the Note, Including without limitation the principal Note amount of Twenty Thousand b ON100 Dollars ($20,000.00). GUARANTY. For good and valuable consideration, Elizabeth K. Coon (*Guarantor") absolutely and unconditionally guarantees and promises to pay to Commerce BanMHa rIsburg, National Association ( *Lender ") or Its order, on demand, In legal tender of the United States of America, 100.000% of the Indebtedness (as that term to defined below) of Coon and Company drofs Century 21 Associates ('Borrower") to Lender on the terns end conditions forth In this Guaranty. Guarantor agrees that Lender, In Its sole discretion, may determine which portion of Borrower's Indebtedness to Lender Is covered by Gusrentor's percentage guaranty. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: h Borrower. The word" means Coon and Company d(b/a Century 21 Associates. Guarantor. The word "Guarantor' means Elizabeth K. Coon. Guaranty. The word 'Guaranty' means this Guaranty made by Guarantor for the benefit of Lander dated April 16, 1999. Indebtedness. The word 'Indebtedness" means the Note, including (a) all principal, (b) all interest, (c) at fate charges, (d) an loan fees and loan charges, and (e) all collection coats end expenses relating to the Nate or to any oWeteral for the Note. Collection costs and expenses Include withoct limitation all of Lender's attorneys' tees and Lenders legal expenses, whether or rat suit Is Instituted, and attorneys' fees and legal expenses for bankrupicy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post+jdgment collection services. Lender. The word "Lender" means Commerce Bank/Hardsburg, National Association, its successors and assigns. Note. The word 'Note' means the promissory rate or credit agreement dated April 16, 1999, In the original principal amount of 520,000.00 from Borrower to Lender, together with all renewals o1, extensions of, modifications of, refinancings of, consolidations d, and substitutions for the promissory rate or agreement. Notice to Guarantor: The Note evidences a revolving line of credit from Lender to Borrower. Related Documents. The words 'Related Doctxnenta" mean and Include without lineation all promissory notes, credit agreements, ben agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other Instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time 100.000% of the amount of the Indebtedness described above, phis ail costs and expenses of (a) enforcement of this Guaranty and (b) collection and sale of any collateral seaming this Guaranty. The above limitation on liability In not a restriction on the amount of One Indebtedness of Borrower to Lender either In the aggregate or at any one time. If Lander presently holds one or more guaranties, or hereafter receives addlbnal guaranties from Guarantor, the rights of Lender under all guaranties stall be cumulative. This Guaranty shell rot (unless specifically provided below to the contrary) affect or Invaildate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and arty such otter unterminated guaranties. NATURE OF GUARANTY. Guarantor Intends to guarantee at ell tines the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness within the limits sat forth In the preceding section of this Guaranty. This Guaranty covers a revolving line of credit and guarortor understands and agrees that this guarantee shall be open and continuous until the fine of credit In terminated and the indebtedness Is paid In full, as provided below. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continuo In full force until all Indebtedness shall have been tufty and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed In full. Release of any other guarantor or termination of any other guaranty of i the Indebtedness shat net affect the fiahilfty of Guarantor under this Guaranty. A revocation received by Lender from any one or more Guarantors shat not affect the liability of arty remaining Guarantors under this Guaranty. This Guaranty covers a revolving fine of credit and It is specifically anticipated that fluctuations will occur In the aggregate amount of Mdebtedrmss owing from Borrower to Lender. Guarantor specifically acknowledges and agrees that fluctuations In the amount of Indebtedness, even to zero dollars ($ 0.00), shag not constitute a termination of I J this Guaranty. Guarantor's liability under this Guaranty shall terminate only upon (a) termination in writing by Borrower and Lender of the line of credit, (b) payment of the Indebtedness In full In legal tender, and (c) payment In full In legal tender of all other obligations of Guarantor under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (a) to make one or morn additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (b) to after, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any pant of the Indebtedness, Including Increases and decreases of the rate of Interest on the Indebtedness; extensions may be repeated and may be for longer than the original ban term; (c) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or decide not to perfect, end release any such security, with or without the substhrtlon of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of BorroweYs sureties, endorsers, or other guarantors on any terms or In any manner Lender may chooer, (s) to determine how, when and what application of payments and credits shat be made on the Indebtedness; (f) to apply such security and direct the order or manner of sale thereof, including without IlmlhaUon, any nonjudicial sate permitted by the terms of the controlling security agreement or deed of trust, as Lender In its discretion may determine; (g) to sell, transfer, assign, or grant participatkms in all or any part of the Indebtedness; and (h) to assign or transfer this Guaranty In whole or In part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements of arty kind have been made to Guarantor which would emit or quality In any way the terms of this Guaranty; (b) this Guaranty Is executed at Borroweee request and not at the request of Lender; (c) Guarantor has full power, right and authority to enter Into this Guaranty; (d) the provisions of this Guaranty do not confect with or result In a default under any agreement or other instrument binding upon Guarantor and do rat result In a violation of any law, regulation, court decree or order appfk able to Guarantor: (e) Guarantor has not and will not without the prior written consent of Lender, eel, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantors assets, or any Interest therein; (f) upon Lenders request, Guarantor will provide to Lender financial and credit Information In form acceptable to Lender, and all such financial InformaOon which currently has been, and at future financial information which will be provided to Lander Is and will be true and correct in all material respects and fairly prosart the financial condition of Guarantor as of the dates the financial Information is provided; (g) no materW adverse change has occurred In Guarantors financial condition since the date of the most recent financial statements provided to Lander and no event has occurred which may materially adversely affect Guarentors financial condition; (h) no litigation, claim, Investigation, administrative proceeding or similar action (hduding those for unpaid taxes) against Guarantor is pending or threatened; (i) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (n Guarantor has established adequate means of obtaining from Borrower on a continuing basis Information regarding Borrower's financial condition. Guarantor agrees to keep adequately Inhxmed from such means of any facts, events, or circumstances which might In any way effect Guarantors risks under this Guaranty, and Guarantor further agrees that Larder shall have no obligation to disclose to Guarantor arry infomatlon or documents acquired by Lender In the course of its relation" with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable low, Guarantor waives any right to require Larder (a) to continue lending money or to extend other credll to Borrower, (b) to make any presentrnent, protest, demand, or notice of any kind, Inducing notice of any nonpayment of the - Indebtedness or of any nonpayment related to any collateral, or notice of an action or nonaction on the part of Borrower, Lender, art suret endorser, EXHIBIT or other guarantor in connection with the indebtedness or In connection with the creation of new or additional loans or obligations; (c) to resort for payment or to proceed dkecity or at once against any person, Including Borrower or any other guarantor, (d) to proceed directly against or exhaust any colateral held by Lender from Borrower, any other guarantor, or arty other person; (e) to give notice of the terns, time, and place at any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (f) to pursue any other remedy whhln Lenders power; or (g) to commit any act or or fission of any kind, or at any tine, with respect to any 04.16.1999 COMMERCIAL GUARANTY Page 2 Loan No 2806995 (Continued) matter whatsoever. If now or hereafter (a) Borrower shall be or become ksolvent, and (b) the Indebtedness shelf not at an times until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever wolves and relinquishes In favor of Lender end Borrower, and their respective Successors, any claim or right to payment Guarantor may now have or hereafter have a acquire against Borrower, by subrogation of otherwise, so that at no time shall - Guarantor be or become a "creditor' of Borrower within the meaning of 11 U.S.C. section 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also wolves any and all rights or defenses art'sIng by reason of (a) any 'one action' or 'anti -def clency' law or any other law which may prevent Lender from bringing any action, Including a claim for deficiency, against Guarantor, before or after Lender's commencement or oornplation of any foreclosure action, elthar judiclagy or by exercise of a power of safe; (b) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guaranto rights to proceed against Borrower for reimbursement, Including without Ilmhatlon, any loss of rights Guarantor may suffer by reason of any law hutting, qualifying, or dischaiging the Indebtedness; (c) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's Ilablity from any cause whatsoever, other than payment in full In legal lender, of the Indebtedness; (d) any right to claim discharge of the Indebtedness on the basis of urjustined impairment of any collateral for the Indebtedness; (e) any statute of limitations, N at any time any action or suit brought by Lender against Guarantor Is commenced! there Is outstanding Indebtedness of Borrower to Lender which Is not barred by any applicable statute of limitations; or (q any defenses given to guarantors at law or h equlty other than actual payment and performance of the Indebtedness If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to. remit the amount of that payment to Borrower's trustee h bankruptcy or to any similar person under any federal or state bankruptcy law or law for the renef of debtors, the Indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further wolves and agrees not to assert or claim at any tine any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, remupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WiTH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above Is made with Guarantofs full knowledge of Its significance and consequences and that, under the circumstances, the walvers are reasonable and not contrary to publ permitted r try low or an y suc waiv Is determined to be contrary to any applicable law or public policy, such waiver shall be effeciive only to the LENDER'S RIGHT OF SETOFF. In addition to all hens upon and rights of setoff against the moneys, securities or other property of Guarantor given to Lender by law, Lender shag have, with respect to Guarantors obligations to Lender under this Guaranty and to the extent permitted by law, a contractual security interest in and a right of setoff against, and Guarantor hereby ass", conveys, defivers, pledges, and transfers to Lander an of Guarantor's right, title and Interest In and to, all deposits, moneys, securities and other property of Guarantor now or hereafter in the possession of or on deposit with Lender, whether held In a general or special account or deposit, whether hold Jointly with someone else, or whether held for safekeeping or otherwise, exc luding however an IRA, Keogh, and trust accou Every such security Interest and right of setoff may be exercised On one part withou ender or b any neglect to exercise r such right of securi off or o of right of setoff "I be enforce such security Inter by any b een Ina wa ived Every tight c onduct and security Interest shell continue in full force grid effect until such right of setoff or security Interest Is specifically waived or released by an Instrument in wrl" executed by Lender. SUBORDINATION OF BORROWERS DEBTS TO GUARANTOR. Guarantor agrees that the ndabledness of Borrower to Lender, whether now existing or hereafter created, shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or riot becomes insolvent. Guarantor hereby expressly subordinates any chin Guarantor may have against Borrower, upon any o claim that Lender may now or hereafter have against Borrower. In the event of Insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment or the benefit of creditors, by voluntary Ilquidadon, or otherwise, the assets of Borrower applicable to the payment of the clakna of both Lender and Guarantor shall be pad to Lender and shag be first applied by Lender to the indebtednesa of Borrower to Lender. Guarantor does hereby assign to Lander all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, tai such assignment shall be effective only for the purpose of assurig o Lender 1 y en tender of the Indebtedness. If Lander so requests, any notes or credit agreements now or hereafter evldenchg an o y ge Guarantor shall be marked with a legend that the Same are 'subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Larder hereby is authorized, In the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary a appropriate to Perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth n this Guaranty. No alteration of or amendment to this Guaranty shall be elfective unless given in writing and Sighed by the Party or parties sought to be charged or bound by the alteration or amendment Applicable Law, This Guaranty has been delivered o Lander and accepted by Lander n the Commonweal th of Pennsytvanla, 11 Is f lawsuit, Guarantor agrees upon Larder's request to submit to "jurisdiction of the courts d Cumberiand County.mmo th or Pennsylvania. Lender and Guarantor hereby waive the runt to arty Jury trial In any action, proceeding, or counterclaim brought by Guarantor against the other. This Guaranty shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania Attomeys' Fees; Expenses. Guarantor agrees o pay upon d eman d all of Larder s costs end Expenses, also to he p enforc QauaLender , an old legal expenses, Incurred in connection with the enforcement of this Guaranty. Larder may pay someone else to help enforce Guarantor shell pay the costs and expenses of such enforcement Costs and expenses t-Ju included�s (and n a fee t to l�Ny form whether or not there is a lawsuit. ncludkg attorneys' fees and legal expenses fo s ing pa ell court coats vacate any automatic stay or Injunction), appeals, and arty anticipated posdgmS nt collection Guarantor also and such additional fees as may be directed by the court. ei ther pant to the other under this Guaranty Shall be In writing, may be sent by telefacs (unless Noti ces. Ali notices required to be given by couder, or when deported n t byy law did s hall be first ve when actually livened o ed hen f� �g to who nth the notice r o to be given at the address class postage p Shown above or o such other addresses as either party may designate to the other n writing. if there is more than one Guarantor, notice to any Guarantor wllf oonstlute notice to an Guarantors. For notice purposes, Guarantor egress to keep Lender informed at an times of Guarantor's current address. r shell be interpretation. i a0 cases where there Is more than one Borrower or Guarantor, then all words used In this Guaranty In the Sngula deemed to have been used In time plural where the context and construction so require; and where there is more than one Borrower named h this Guarsrty or when this Guaranty is executed by more than one Guarantor, the words 'Borrower' end'Ciusrartof respectively shell mean all end any one or more of them. The words 'Guarantor: 'Borrower and 'Lender' khckrde the heirs, Successors, assigns, and trensfam" Of tot of them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to Interpret or define c sion > of this Guaranty. if a court of competent jurisdiction finds any provision of this Guaranty to be Irwalkl or unardmeable es to any person such finding shalt not render that provison Invalid a unenforceable as to any other persona or cicumstences, and all provisions o this Guaranty In all other respects shall remain valid and enfotceabla. If arty one or more of Borrower or Guarantor are re c o r porations or p K Is r a acting Purporting to a necessary for Lender to inquire Into the powere of Borrower or Guarentcr or of ire officers, dlreclora, Pam powers shall be guaranteed under Oft on their behalf, and any Indebtedness made or created In tells upon the professed exercise of such crows ges Guaranty. waiver, tender shag not be deemed to have waived any rights under this Guaranty unless such waiver Is given In writing and 900 by Lender. No delay or omisslon on the part of Lender h exercising any fight shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Guaranty shat not prejudice or constitute a waiver of Lender's right otherwise to demand strict oompgance with that Provision a any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between tender end Guarantor, stag constitute e waiver of any of larders rights or of any of Ouaranthr s obligations as to any future Imnswoons, Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lerdar In any Instance shall not oonsttute continuing consent to subsequent instances where such consent Is required and In all cases such consent may be granted or withheld In the sole discretion of Lender. 04 -f F -1999 COMMERCIAL GUAM) Y Page 3 Loan No 2806995 (Continued) CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR n PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME F( GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS ( ENTER JUDGMENT AGAINST GUARANTOR -FOR THE ENTIRE PRINCIPAL BALANCE. OF THIS GUARANTY, ALL ACCRUED INTEREST, LA CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED B EN Y LDE)T RELATING TO ANY COLLATERAL SECURING Ti INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION C TEN PERCENT (10Y) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS TH/ FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FO SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORI GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF TH. AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THI GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH At SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT T EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION L JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. T1 LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO At OF GUARANTOR'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAV 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSE OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEVY C OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE LIEN OF SUCH JUDGMEI SHALL EXTEND TO SUCH RESIDENTIAL REAL PROPERTY AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO EXECUTE, LEVY ( PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTK 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, 0 SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEVY OR OTHER ENFORCEMEN CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY TF FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTEVE THIS GUARANTY IS DATED APRIL 16, 1999. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARANTOR: M m„ �:um . _ ( SEAL) tza K. Coon X lgngd\� Hed and de 11ence oh Gn J Witness X Witness LASER PRO, Reg. U.S. Pat. 8 T.M. Off.. Ver. 3.29a (o) 1999 CF PMS@Nkft. la. AO dghte reserved. (PA -E20 OIC009.I.N C72.M COMMERCIAL GUARAP "Y +.Inc lie - Loan - sib Matur'it Lonh.. is Cal � 1h1era3 j A,*ourtt f Officer Intila s . References in the shaded area are for Landers use only and do not limit Oe applicability of this document to any particular ban or Rem. Borrower: Coon and Company d/Wa Century 21 Associates Lender Commerce BankRforrisburg, National Associaton Main OtftcelCommerclal Cost Center South Hanover Street P.O. Box 8599 Carlisle, PA 17013 100 Senate Avenue Camp H114 PA 17001.8599 Guarantor: Richard A. Coon 2212 Circle Road Carilsb, PA 17013 AMOUNT OF GUARANTY. This Is a guaranty of payment of 100.00D% of the Note, Including without Ilmllatlan the principal Note amount of Twenty Thousand 811UM00 Dollars ($20,000.00} GUARANTY. For good and valuable consideration, Richard A. Coon ('Guarantor") absolutely and unconditionally guarantees and promises to pay to Commerce BanklHarrlsburg, National Association ('Lender') or Its order, on demand, In legal tender of the United States of America, 100.01)0% of the Indebtedness (as that term Is defined below) of Coon and Company dlb/a Century 21 Associates ('Borr)wer') to Lender on the terms and conditions set, discretion, forth In this Guaranty. Guarantor agrees that Lender, In Its sole disetion, may determine which portion of Borrower's Indebtedness to lender is covered by Guarantor's percentage guaranty. DEFINITIONS. The following words shall have the following meanings when used In this Guaranty: Borrower. The word 'Borrower36sans Coon and Company dW Century 21 Associates. Guarantor. The word 'Guarenflor' means Richard A. Coon. Guaranty. The ward "Guaranty means this Guaranty made by Guarantor for the benefit of Lender dated April 18, 1999. Indebtedness, The word 'Indebtedness' means the Note, Including (a) of principal, (b) ell Interest, (c) all late charges, (d) all ban fees and ban charges, and (e) ail collection costs and expenses relating to the Note or to arty collateral for the Note. Collection costs and expenses Include without limitation all of Landers attorneys' fees and lenders legal expenses, whether or not suit Is Instituted, and attorneys' fees and legal expanses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated postiudgment collection services. Lender. The word 'L endee means Commerce BankVarrisburg, National Association, Its su ccessore and assigns. Note. The word 'Note' means the prondssary note or credit agreement dated April 18, 1999, In the original principal amount of $20,000.00 from Borrower to Larder, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement Notice to Guarantor: The Note evidences a revolving line of credit from Lender to Borrower. Related Documents, The words 'Related Documents' mean and include without limitation all promissory notes, credit agreements, ben agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trurst, and all other Instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time 100.000% of the amount of the Indebtedness described above, plus all costa and expenses of (a) enforcement of this Guaranty and (b) collection acid sale of any collateral securing this Guerenly. The above limitation on liability Is not a restriction on the amount of the Indebtedness of Borrower to Lender either In the aggregate or at any one tine. If Lender presently holds are or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shat be cumulative. This Guaranty shell not (unless specifically provided below to the contrary) affect or InvaNdete any such other guaranties. The liabliy of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties. NATURE OF GUARANTY. Guarantor intends to guarantee at all times the Performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness within the hilts set forth In the preceding section of this Guaranty. This Guaranty covers a revolving line of credit and guarantor understands and agrees that this guarantee shall be open and continuous until the line of credit Is terminated and the Indebtedness is paid In full, as provided below. OURA71ON OF GUARANTY. This,Guraranty will take effect when received by Lender without the necessity of arty acceptance by Lender, or any notice to Guarantor or to Borrower. and will continue In full force until all Indebtedness shall have been fully and (Inaly paid and satisfied and an other obngatbns of Guaranty under this Guaranty shag have been performed In fit. Release of any other guarantor or termination of any other guaranty of the Indebtedness shat not affect the liability of Guarantor under this Guaranty. A revocation received by tender from any ore or more Guarantors shall not affect Qe flabiny of erry remaining Guarantors under this Guaranty. This Guaranty covers a revolving line of credit and It Is specifically anticipated that fluctuations will occur In the aggregate amount of Indebtedness owfng. from Borrower to Lender. Guarantor specifically acknowledges and agrees that fluetuatlona In the amount of Indebtedness, even to zero dollars ($ 0.00), shall not constitute a termination of this Guaranty. Guarantor's liability under this Guaranty shall terminate only upon (a) termination In writing by Borrower and Lender of the line of credit, (b) payment of the indebtedness In full In legal tender, and (c) payment In full In legal tender of all other obligations of Guarantor under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (a) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrows; (b) to otter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terns of the indebtedness or any part of the Indebtedness, _ including htcreaaes and decreases of the rate of Interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (e) to take and hold security for the payment of this Guwmy or the Indebtedness, and exchange, enforce, waive, subordlnv% fall or deckle not to perfect, and release any such security, with or without the substitution of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on arty terms or In any manner Lender may choose; (e) to determine how, when and what application of payments and credits shall be made on the indebtedness; (i) to apply such security and direct the order or manner of sale thereof, including without Ilmltatlon, any non)udlclal sate permitted by the teens of the controlling security agreement or deed of trust, as Lender In Its discretion may determine; (g) to sell, transfer, assign, or grant portlelpatlens in all or any part of the Indebtedness; and (h) to assign or transfer this Guaranty In whole or In part GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no teprasadanons or agreements of any kid have been made to Guarantor which would limit or quality In any way the terns of this Guaranty; (b) this Guaranty IS executed at Borrower's request and not at the request of Lender•, (c) Guarantor has full power, right and authority to enter Into this Guaranty; (d) the provisions of this Guaranty do not conflict with or result In a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (e) Guarantor has not and will not, without the Prior written co of Lender, self, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Gua ranWs assets, or any Interest t (f) upon Lenders request, Guarantor will provide to Lender financial and credit Information In forth acceptable to Larder, and all such financial Information which currently has been, and all future financial Information which will be provided to Larder Is and will be true and correct In an material respects and fahty present the financial condition of Guaranty as of tie dates line financial Information Is provided; (g) no material adverse change has occurred In Guarantor's financial condition since the date of the most recent fiancial statements provided to Lander and no event has occurred which may materially adversely affect Guarantors financial condition; (h) no litigation, clalm, investigation, administrative proceeding or similar action Qnchxding time for unpaid taxes) against Guarantor is pending or threatened; () Larder has made no representation to Guaranty as to the creditworthiness of Borrower, and a) Guarantor has estatltshed adequate means of obtaini from Borrower on a continuing basis Information regarding Borrowers financial condition. Guarantor agrees to keep adequately Informed from such means of any facts, events, or circumstances which might In any way affect Guarantors Asks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any Information or documents acquired by Lender In the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable taw, Guarantor waives arry right to require Lander (a) to continue landing money or to extend other credit to Borrower; (b) to make any presentment protest, demand, or notice of any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonactlon on the part of Borrower, Lander, any surety, endorsor, EXHIBIT or other guarantor In connection with the Indebtedness a In conedion with the creation of new or addltional bans or obligations; (c) to reson for payment or to proceed directly or at once against any person, Including Borrower or any other guarantor, (d) to proceed directly against or exhaust any ^, collateral held by Lander from Ronower, any other guarantor, or any other person; (e) to give notice of the tams, tine, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provision of ifs Uniform Commerclal Code; (f) to pursue any ether remedy within Larders power, or (g) to commit any act or omission of any kind, or at any tine, with respect to any 04.16 -1999 COMMERCIAL GUARANTY Page 2 Loan No 2806995 (Continued) matter whatsoever. If now or hereafter (a) Borrower shall be or become insolvent, and (b) the Indebtedness shag not at all times untg paid be fulty secured by conaterat pledged by Borrower, Guarantor hereby forever waives and relinquishes In favor of Lender and Borrower, and their respective successors, any ciakn or right to payment Guarantor may now have or hereafter have or, acquire against Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become a 'creditor of Borrower within the meaning of I I U.S.C. section 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses arising by reason of (a) any 'one action' or 'anti-deficiency' law or arty other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either Judicially or by exercise of a power of sale; (b) any election of remedies by Larder which destroys or otherwise adversely effects Guarantor's subrogation rights or Guamntces rights to proceed against Borrower for rhfknbursemeht, including without limitation, any lose of rights Guarantor may suffer by reason of any law limiting, quardyinp, or discharging the Indebtedness; (c) any disability or other defame of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borroweea liability from any cause whatsoever, other than payment In full In legal tender, of the Indebtedness; (d) any right to claim discharge of the Indebtedness on the basis of un)ustified Impairment of arty collateral for the Indebtedness; (e) any statute of gmftations, If at any time arty action or suit brought by Larder against Guarantor Is commenced there Is outstanding Indebtedness of Borrower to Lender which Is rat barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or In equity other than actual payment and performance of the Indebtedness. If payment Is made by Borrower, whether voluntarily or otherwise, or by any third party, on to Indebtedness and thereafter Lender is forced to remft the amount of that payment to Borrower's trustee in bankruptcy or to arty sknilar person under any federal or state bankruptcy law or law for the relief of debtors, the indebtedness shell be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to Mme amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set IoM above is made with Guarantor's full knowledge of Its significance and consequences and that, minder the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be conbary to any applicable law or public policy, such waiver shag be effective only to hire extent permitted by law or public policy. LENDER'S RIGHT OF SETOFF. In addition to all lions upon and rights d setoff against the moneys, securities or other property of Guarantor given to Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under Its Guaranty and to to extent permitted by law, a contractual security interest in and a right of setoff against, and Guarantor hereby assigns, conveys, deiNem, pledges, and transfers to Lender all of Guarantor's rlgd, title and Interest In and to, all deposits, moneys, securities and other property of Guarantor now or hereafter in the possession of or on deposit with Larder, whether held In a general or speclal.account or deposit, whether held Jokdty with someone else, or whether held for safekeeping or otherwise, excluding however an iRA, Keogh, and trust accounts, Every such security Merest and right of setoff My be exercised without demand upon or notice to Guarantor. No security Interest or right of setoff shag be deemed to have been waived by any act or conduct an the part of Lender or by any neglect to exercise such right of setoff or to enforce such security Interest or by any delay in so doing. Every right of a" and security Interest shag continue In fug force and effect until such right of setoff or security Interest Is specifically waived Or released by an instrument In writing executed by lender. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that fine Indebtedness of Borrower to Lender, whether now existing or hereafter created, shag be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower bacomm insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any clown that Lender may now or hereafter have against Borrower. In the event of Insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary Ikpidatbn, or otherwise. the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shag be paid to Lender and Shell be fist applied by Lander to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lander a8 claims which it may have or acquire against Borrower or against err/ ass" or trustee In bankruptcy of Borrower provided however, that such assignment shall be effective orty for the purpose of assuring to Lander fug payment In legal tender of the Indebtedness. If LaMar so requests, any rotes or credit agmemarhts now or hereafter evidencing any debts or obligations of Borrower to Guarantor shag be marked with a legend that the same are oLgect to this Guaranty and shag be delivered to Lender. Guarantor agrees, and Lander hereby Is authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements its rights to GxSCUt thise such other documents and to take such other actions as Lender deems necessary a sppropris a to perfect, preserve and en force Guaranty. MISCELLANEOUS PROVISIONS. The toliowi g miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the antre uhderstarxfin i and agreement of the parties as to the matters set fond In this Guaranty. No afterallon of of amendment to this Guaranty Shan be effective unless given in writing and signed by to party or parties sought to be charged a bound by the alteration Of amendment Applicable Low. This Guaranty has been delivered to Lander and accepted by Larder In the Commonwealth d Pennsylvania. If there Is a lawsuit, Guarantor agrees upon Lender's request to submit to the Jurisdiction of the courts of Cumbsdand County,' Commonwealth of Permsytvania. LaMar and Guarantor hereby waive the right to any Jury Mal In any action, proceeding, or counterclaim brought by SIMer Lander or Guarantor against the other. This Guaranty shag be governed by mid construed In accordance with the Iowa Of the Commonwealth of Pennsylvania. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's coats and expenses, including attorneys' fees and Lender's legal expenses, Incurred in conneclbn with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and Guarantor shag pay the costs and expenses of Such enforcement Costs and expenses indude Larder's attorneys' tees and lapel expenses whether or not there Is a lawsuit, including attorneys' fees and legal expenses for baricruptcy proceedings (and including efforts to modify or vacate any automatic stay or lNunction), appeals, and any anticipated post•Judgmsm collection aervtoes. Guarantor also shall pay an court costs and such additional fees as may be directed by the court Notices. Ali notices required to be given by either party to the otter under iNS Guaranty shag be In writing, may be ant by tel a mlIe (unless otherwise required by law), end shell be effective when actually delivered of when deposited with a nationally rec ognized overnight pouter, or when deposited in the United States man, tmt class postage prepaid, addressed to to party to whom fine notice is to be given at the address shown above or to such otter addresses as ether party may designate to the other In writing. It two is more than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender Informed at all tines of Guarantor's current address. interpretation. In an cases where there is more than one Borrower or Guarantor, than all words used N ids Guaranty h the singular shall be deemed to have been used in to plural where the context and construction so require; and where tore Is more than one Borrow named In this Guaranty or when Ids Guaranty Is executed by mare than one Guarantor, the words 'Borrower' and 'Guarantor respectively shall mean all and any one or more of them. The words 'Guarantor." "Borrower. and 'Lender kctWO to heirs. Successors, assigns and transferees of each Of them. Caption headings In Ids Guaranty are for convenience purposes only and are not to be used to Interpret or define the provisions rournatsccis Guaranty. If s court of competent jurisdiction finds any provision of INS Guaranty to be invalid or unenforceable as to any pore such f rdirg shag not render that provision invalid or unenforceable as to arty other persons or ckcumstances, and all provisions of this Guaranty not in an other respects shall remain valid and enforceable. It any one or more of Borrower or Guarantor am corporations or partnerships, necessary for Lender to Inquire into the powers of Borrower or Guarantor or Of the officers, directors, partners , or agents soling or purporting to act on their behalf, and any Indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Waiver. LaMar shag not be deemed to have waived any rights under this Guaranty unless such waiver Is given in writing and eignad loll Lender. No delay or omission on the part of Lander In exercising any right shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Guaranty shag not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender; nor any course Of dealing between Lender and Guarantor, shag constitute a waiver d any d Lender's rights or d any of Guarantor's obligations as to any future transactions. Whenever rte Gerard Of Leiter Is re noes under this Guaranty, the granting d such consent by larder In any Instance shall not constitute continuing consent to subsequent where Such consent is required and in ail cases such consent may be granted at withheld In fine sole discretion of Lender. - 04 -16 -1999 COMMERCIAL GUARAP — Y Page 3 Loan No 2806995 (Continued) CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR TH PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FC GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS C ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY. ALL ACCRUED INTEREST, LA' CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING TI INDEBTEDNESS TOGETHER WITH INTEREST'ON'SUCH AMOUNTS, TOGETHER WITH'COSTS OF SUIT, AND AN ATTORNEYS COMMISSION 0 TEN PERCENT (10 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THA FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOI SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORI GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF TH, AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THI: GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH At SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND /OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT T EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION ( JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL n LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO At OF GUARANTOR'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAV 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSE OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEVY C OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE LIEN OF SUCH JUDGME( SHALL EXTEND TEND TO SUCH RESIDENTIAL REAL PROPERTY AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO EXECUTE, LEVY ( PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SEC71C 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2988 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, 0 SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEVY OR OTHER ENFORCEMEN CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY TV FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORT" IN THE SECTION TITLED 'DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL 18, 1998. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. OUARA" : , (SEAL) b A. Signed know edged and �lhpwed+%th e rese nce of: X Witness X Witness LASER PRO. ReO. U.S. POL 8 T.M. 00., Vaf.326a (c) 1999 CFI ProSe,„1ees, tnc. All rlWds reserved. (PA•E2004COO9.LN C22.OVLI a C? t3! TIP CAT- ro.. .:" HENRY & BEAVER LLP' By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. l 3- aa�a l�lvi� lelr►� COON AND COMPANY d /b /a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF DAUPHIN John T. Robertson, Vice President, Asset Recovery Manger, of Metro Bank, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behalf of Metro Bank and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and that the copies of the Promissory Note, Exhibit "A ", Change in Terms Agreement, Exhibit "B" and Commercial Guarantees, Exhibits "C" and "D ", attached to the Complaint, are true and correct copies of the originals which are held in the files of the Plaintiff and which were executed and delivered by the Defendants to Plaintiff. METRO BANK By: — T. OB TSON Vi a resident Asset Recovery Manager Sworn �P nd subscr ed to before me this ( "bay of N , 2013. - (�IVM�F - No ry Public COMMONW OF PENNSYLVANIA Notarial Seal Jamie M. Folks, Notary Public Swatara Twp., Dauphin County MY Convnlsston EYPIM 25,201s MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 2 — t C= M M CD In �. Y ;r- t HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. COON AND COMPANY d /b /a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants AFFIDAVIT AS TO NON - MILITARY SERVICE AND CERTIFICATION OF LAST KNOWN ADDRESS OF DEFENDANTS AND PLAINTIFF COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN Before me the undersigned authority, personally appeared John T. Robertson, Vice President, Asset Recovery Manager, of Metro Bank, who being duly sworn according to law, deposes and says that upon reasonable investigation to the best of his knowledge and belief the Defendants are not in the active Military or Naval Service of f April 15, 2013 Page 2 the United States of America and that the last known addresses of said Defendants are as follows: 322 South Hanover Street, Carlisle, Pennsylvania 17013 and 355 Hollowbrook Drive, Carlisle, Pennsylvania 17013. The address of the above Plaintiff is 3801 Paxton Street, Harrisburg, Pennsylvania 17111. METRO BANK By: OH T. ROBERTSON is resident Asset Recovery Manager Swor o and subscribo to.before me this jjy.h day of , 2013. IV Q )d'W, I W NO ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jamie M. Folks, f OWY Public 5watara Twp., Dauphin County My Commission Expires Sept. 25, 2015 MEMBER, PENNSYLVANIA 11] i - ,7ATION OF NOTARIES - 2 - G3 C HENRY & BEAVER LLP.` By: Marc A. Hess , Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13 - c9o+Tc� 0 -►l fer)" COON AND COMPANY d /b /a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COUNTY: Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042 -1140 as attorney for Metro Bank, the Plaintiff in the above - captioned case. Dated( , 2013 AR A. HESS I . D. #55774 Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Coori and Company d /b /a Century 21 Associates 322 South Hanover Street Carlisle, PA 17013 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. )3- oU O �ivi C Term COON AND COMPANY d /b /a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on , 2013, in the amount of: Principal Sum Due - $ 8,304.17 Interest to 4/3/2013 - 320.46 Late Fees 4/3/2013- 137.62 Attorney's Commission (10% of unpaid principal balance and interest) - 862.46 Total - $ 9,624.71 Together with interest which continues to accrue after April 3, 2013 at the contract rate and until paid in full ($1.614699 per diem), additional late fees at the contract rate after April 3, 2013, reasonable and additional attorney's fees and costs as may be in incurred, any and all amounts expended or advanced by the Plaintiff relating to collateral securing the Note and Guarantees d cos of S Copies of I ocuments filed are attached hereto. onotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Richard A. Coon 355 Hollowbrook Drive Carlisle, PA 17013 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13- AOgq d i"tITEf'rM COON AND COMPANY d /b /a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on ADrd cv 2013, in the amount of: Principal Sum Due - $ 8,304.17 Interest to 4/3/2013 - 320.46 Late Fees 4/3/2013- 137.62 Attorney's Commission (10% of unpaid principal balance and interest) - 862.46 Total - $ 9,624.71 Together with interest which continues to accrue after April 3, 2013 at the contract rate and until paid in full ($1.614699 per diem), additional late fees at the contract rate after April 3, 2013, reasonable and additional attorney's fees and costs as may be in incurred, any and all amounts expended or advanced by the Plaintiff relating to collateral securing the Note and Guarantees an osts of suit. Copies of all d cuments filed are attached hereto: Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Elizabeth K. Coon 355 Hollowbrook Drive Carlisle, PA 17013 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. : No. i3' o`�0�`70� ON I tTer)K COON AND COMPANY d /b /a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants NOTICE Pursuant to Pa. R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on c9q 2013, in the amount of: Principal Sum Due - $ 8,304.17 Interest to 4/3/2013 - 320.46 Late Fees 4/3/2013- 137.62 Attorney's Commission (10% of unpaid principal balance and interest) - 862.46 Total - $ 9,624.71 Together with interest which continues to accrue after April 3, 2013 at the contract rate and until paid in full ($1.614699 per diem), additional late fees at the contract rate after April 3, 2013, reasonable and additional attorney's fees and costs as may be in incurred, any and all amounts expended or advanced by the Plaintiff relating to collateral securing the Note and Guarantees and costs of suit. Copies otAll documents filed are attached hereto. rothonotary fop r/10�6 TA ,v HENRY & BEAVER LLP PFjS� �co" By:By: Marc A. Hess ��Iq Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-2242 Civil Term COON AND COMPANY d/b/a : CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT -WITH ATTACHMENT TO THE PROTHONOTARY: Please issue a Writ of Execution to the Sheriff of Cumberland County, Pennsylvania: 1. Direct the Sheriff to levy against Coon and Company d/b/a Century 21 Associates, Richard A. Coon and Elizabeth K. Coon, individually and jointly. 2. Against Sovereign Bank, FSB located at 17 West High Street, Carlisle, Pennsylvania 17013 3. Index this Writ: a. Against Coon and Company d/b/a Century 21 Associates, Richard A. Coon'and Elizabeth K. Coon, individually and jointly; and �1 b. Against Sovereign Bank, FSB as Garnishee. a' -� OL41 46.o- - sou.. 10o 4. Amount Due: Principal Sum Due - $ 8,304.17 Interest to 4/3/2013 - 320.46 Late Fees 4/3/2013- 137.62 Attorney's Commission (10% of unpaid principal balance and interest) - 862.46 Total - $ 9,624.71 Together with interest which continues to accrue after April 3, 2013 at the contract rate and until paid in full ($1.614699 per diem), additional late fees at the contract rate after April 3, 2013, reasonable. and additional attorney's fees and costs as may be in incurred, any and all amounts expended or advanced by the Plaintiff relating to collateral securing the Note and Guarantees and costs of suit. CERTIFICATION I, certify that: a) This Praecipe is based upon a judgment entered by confession; and b) Notice will be served with the Writ of Execution pursuant to Rule 2958.3. HEN LLP By: MARC A. H SS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - nq fv. � , _O CD 1 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. 'Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-2242 Civil Term COON AND COMPANY d/b/a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Coon and Company d/b/a Century 21 Associates 1917 Spring Road Carlisle, PA 17013 A judgment in the amount of: Principal Sum Due - $ 8,304.17 Interest to 4/3/2013 - 320.46 Late Fees 4/3/2013- 137.62 Attorney's Commission (10% of unpaid principal balance and interest) - 862.46 Total - $ 9,624.71 Together with interest which continues to accrue after April 3, 2013 at the contract rate and until paid in full ($1.614699 per diem), additional late fees at the contract rate after April 3, 2013, reasonable and additional attorney's fees and costs as may be in incurred, any and all amounts expended or advanced by the Plaintiff relating to collateral securing the Note and Guarantees and costs of suit, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Court has issued a Writ of Execution which directs the Sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. - 2 - 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HENR LL By: AR SS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 3 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-2242 Civil Term COON AND COMPANY d/b/a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently, and knowingly give up my right to notice and hearing prior to the entry of judgment. I Petition the Court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at Address: Telephone: Date: , 2013 Defendant 2 r n OF' THE ��H E�� P 3; 23 20 3 HAy 14 BNB RLANo COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-2242 Civil Term COON AND COMPANY d/b/a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Elizabeth K. Coon 355 Hollowbrook Drive Carlisle, PA 17013 A judgment in the amount of: Principal Sum Due - $ 8,304.17 Interest to 4/3/2013 - 320.46 Late Fees 4/3/2013- 137.62 Attorney's Commission (10% of unpaid principal balance and interest) - 862.46 Total - $ 9,624.71 Together with interest which continues to accrue after April 3, 2013 at the contract rate and until paid in full ($1.614699 per diem), additional late fees at the contract rate after April 3, 2013, reasonable and additional attorney's fees and costs as may be in incurred, any and all amounts expended or advanced by the Plaintiff relating to collateral securing the Note and Guarantees and costs of suit, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Court has issued a Writ of Execution which directs the Sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. 2 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HEN B V LLP By: MARL A. H SS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 3 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-2242 Civil Term COON AND COMPANY d/b/a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING hereby certify that I did not voluntarily, intelligently, and knowingly give up my right to notice and hearing prior to the entry of judgment. I Petition the Court to strike the judgment on this ground and request a prompt hearing on this issue. verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at Address: Telephone: . Date: , 2013 Defendant 2 Pt OTHO '07'f 1,1 t 2013 14 Pn 3; 23 i�-uPYtO O1N3Y���SVa CIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-2242 Civil Term COON AND COMPANY d/b/a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Richard A. Coon 355 Hollowbrook Drive Carlisle, PA 17013 A judgment in the amount of: Principal Sum Due - $ 8,304.17 Interest to 4/3/2013 - 320.46 Late Fees 4/3/2013- 137.62 Attorney's Commission (10% of unpaid principal balance and interest) - 862.46 Total - $ 9,624.71 Together with interest which continues to accrue after April 3, 2013 at the contract rate and until paid in full ($1.614699 per diem), additional late fees at the contract rate after April 3, 2013, reasonable and additional attorney's fees and costs as may be in incurred, any and all amounts expended or advanced by the Plaintiff relating to collateral securing the Note and Guarantees and costs of suit, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Court has issued a Writ of Execution which directs the Sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. 2 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HENRY LLF? By: kf)A—R-C- A.-f--4ESS—'- I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 3 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-2242 Civil Term COON AND COMPANY d/b/a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently, and knowingly give up my right to notice and hearing prior to the entry of judgment. I Petition the Court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at Address: Telephone: Date: , 2013 Defendant 2 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-2,242 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK F/K/A COMMERCE BANK/HARRISBURG,N.A.Plaintiff(s) From COON AND COMPANY D/B/A CENTURY 21 ASSOCIATES,RICHARD A.COON AND ELIZABETH K. COON,INDIVIDUALLY AND JOINTLY, 1917 SPRING ROAD,CARLISLE,PA 17013 AND 355 HOLLOWBROOK DRIVE,CARLISLE,PA 17013 (1) You are directed to levy upon the property of the defendant(s)and to sell LEVY AGAINST COON AND COMPANY D/B/A CENTURY 21 ASSOCIATES,RICHARD A.COON AND ELIZABETH K.COON,INDIVIDUALLY AND JOINTLY PERSONAL PROPERTY (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: SOVEREIGN BANK, 17 WEST HIGH STREET,CARLISLE,PA 17013 and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$9,624.71 Plaintiff Paid$ Interest Which continues to Accrue after April 3,2013 at the contract rate and until paid in full- $1.6146.99 per diem Attorney's Comm. % Law Library$.50 Attorney Paid$75.00 Due Prothonotary$2.25 Other Costs$ Date:5/14l13 David D. Buell, Prothonotary B Deputy REQUESTING P,AR1"'Y:, Name:MARC A.HESS,ESQUIRE Address: 937 WILLOW STREET,P.O.BOX 1140 LEBANON,PA 17042 Attorney for: PLAINTIFF Telephone:717-274-3644 Supreme Court ID No.55774 • Y r A t 2013 Juti �4 L CUMBERLAND COUNTY PENNSYLVANIA HENRY &BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-2242 Civil Term COON AND COMPANY d/b/a CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually and Jointly, Defendants and SOVEREIGN BANK, FSB Garnishee INTERROGATORIES TO GARNISHEE To: Garnishee: Sovereign Bank, FSB 17 West High Street Carlisle, PA 17013 You must file with the Prothonotary of the Court of Common Pleas verified answers to the following interrogatories in attachment within twenty (20) days after service upon you. Failure to do so may result in judgment against you. A copy of the answers must be served on the undersigned. 1. At the time you were served or at any subsequent time did you owe any of the Defendant any money or were you liable to any of the Defendants on any negotiable or other written instrument,or did any of the Defendants claim that you owed the Defendant any money or were liable to any of the Defendants for any reason? NO 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by any of the Defendants? YES, SEE ATTACHED 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by any of the Defendants or in which any of the Defendants held or claimed any interest? NO -2 - 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which any of the Defendants had an interest? NO 5. At any time before or after you were served did any of the Defendants transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so, what was the consideration therefore? NO 6. At any time after you were served did you pay; transfer or deliver any money or property to any of the Defendants or to any person or place pursuant to any of the Defendants' direction or otherwise discharge any claim of any of the Defendants against you? NO - 3- 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did any of the Defendants have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did any of the Defendants have funds, on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. NO HE LL V LL By: A C . HES I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Plaintiff -4- ANSWERS TO INTERROGATORIES Account# 1381064582 Balance: $0.00 Account Holder- WILLIAM R COON ELIZABETH KAREN COON 1917 SPRING RD APT 2 CARLISLE, PA 17013-1195 Account# 1691018236 Balance: $0.00 Account Holder.- ELIZABETH KAREN COON DICK COON 1917 SPRING RD APT 2 CARLISLE, PA 17013-1195 VERIFICATION I, John S. Gomes, C.O.P. Lead Specialist of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By- �ohn S. Gomes C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: METRO BANK F/K/A COMMERCE BANK/HARRISBURG, N.A VS. COON AND COMPANY D/B/A CENTURY 21 ASSOCIATES, RICHARD A. COON AND ELIZABETH K COON, INDIVIDUALLY AND JOINTLY CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: MARC A. HESS HENRY & BEAVER LLP 937 WILLOW STREET PO BOX 1140 LEBANON, PA 17042-1140 Service by certified mail addressed as follows: COON AND COMPANY D/B/A CENTURY 21 ASSOCIATES, RICHARD A. COON AND ELIZABETH K COON, INDIVIDUALLY AN 1917 SPRING RD APT 2 CARLISLE, PA 17013-1195 A es Specialist Sovereign Bank MA1 MB3-02-10 2 Morrisey Boulevard Boston, MA 02125 Pi n ii i�iaO lP.i' 1i 13 JUL -2 AM 9: U HENRY & BEAVER LLP CUMBERLAND COUNTY By: Marc A. Hess PENNSYLVANIA Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 13-2242 Civil Term COON AND COMPANY d/b/a • CENTURY 21 ASSOCIATES, RICHARD A. COON and ELIZABETH K. COON, Individually : and Jointly, Defendants • and • SOVEREIGN BANK, FSB • Garnishee PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Please dissolve the attachment in the within matter filed against Sovereign Bank, FSB, Garnishee. HENRY : : ' ' ER' LP 1.11 FA By: :/ RC H"SS I.D. #55774 Attorney for Plaintiff Qxl q.soi3d cifki cot it z(-14 Et /a,q DIP 19 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson -< F,LED-OFFICE Sheriff Or THE PPOTHGNOTP�R`( 4o,60%j),o4 aearrt+ �� Jody s Smith 2013 JUL —4 Ate 10: f 0 Chief Deputy Richard W Stewart - CUMBERLAND COUNTY Solicitor OFTCE OF TAESls RIFP PENNSYLVANIA Metro Bank F/K/A Commerce Bank/Harrisburg N.A. Case Number vs. Coon and Company D/B/A Century 21 Associates(et al.) 2013-2242 SHERIFF'S RETURN OF SERVICE 05/29/2013 10:35 AM-William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Julie Myers, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 06/17/2013 11:00 AM - Deputy William Cline went to business to meet with Mr. Coon; was informed that he had just returned from his attorney's office; was filing for bankruptcy. Verified information with attorney's office. 06/28/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED. Defendant filed for bankruptcy; docket number 1:13-bk-03199. SHERIFF COST: $137.85 SO ANSWERS, June 28, 2013 RON R ANDERSON, SHERIFF 53'K (c)CountySuile Sheriff,Teleosott,Inc.