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HomeMy WebLinkAbout13-3381 EXCEL HOMES GROUP, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA _V :X GABRIELLE SALMAN MODULAR, INC., r te,, and GABRIELLE SALMAN cnp Defendants CIVIL ACTION - LAW �c3 © CONFESSION OF JUDGMENT Pursuant to the authority contained in the Note attached as Exhibit A to the Complaint and pursuant to the authority contained in the Guaranty attached as Exhibit B to the Complaint filed in the above captioned case, we appear for Defendants Gabrielle Salman Modular, Inc. and Gabrielle Salman, jointly and severally, and confess judgment in favor of Plaintiff Excel Homes Group, LLC, and against Defendants, in the amount of $116,357.38 as of May 15, 2013, along with interest accruing at the default rate of ten percent (10 %) per annum after May 15, 2013, plus costs and reasonable attorney's fees until paid in full. McNEES WALLACE & NURICK LLC Jo athan H. Rudd P At I.D. No. 56880 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5406 (Direct Dial) (717) 260 -1737 (Direct Fax) 0 rudda- mwn.com Dated: June 11, 2013 Attorneys for Excel Homes Group, LLC a� -co 3 - �. PA Attorney a I.D. R .. No. 56880 .1/�.� �. � �n McNees Wallace & Nurick LLC R8/0, 100 Pine Street - P.O. Box 1166 /�S C0 7 Harrisburg, PA 17108 -1166 (717) 237 -5406 (Direct Dial) YL�.� /c�,ry (717) 260 -1737 (Direct Fax) jrudd(a-mwn.com Attorneys for Plaintiff EXCEL HOMES GROUP, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. N O. / 3- 331 0 1 ;il GABRIELLE SALMAN MODULAR, INC., and GABRIELLE SALMAN Defendants CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Excel Homes Group, LLC, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa. R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff, Excel Homes Group, LLC (the "Lender ") is a Delaware limited liability company with a principal place of business at 4900 Ritter Road, Suite 130, Mechanicsburg, Cumberland County Pennsylvania 17055. 2. Defendant, Gabrielle Salman Modular, Inc., is a New York corporation with a place of business at 1031 King Street, Chappaqua, New York 10514. 3. Defendant, Gabrielle Salman, is an adult individual who resides at 1031 King Street, Chappaqua, New York 10514. 4. On or about May 9, 2013, the Lender loaned Gabrielle Salman Modular, Inc. (the "Borrower ") the sum of $116,357.38 (the "Loan ") for a commercial purpose evidenced by a Judgment Promissory Note (the "Note "). Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note. 5. The indebtedness evidenced by the Note was guaranteed by Gabrielle Salman (the "Guarantor ") pursuant to a Guaranty and Suretyship Agreement (the "Guaranty ") executed by Guarantor in favor of the Lender. Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Guaranty. 6. The loan matured on May 15, 2013. 7. Borrower has defaulted under the Note and the Guarantor has defaulted under the Guaranty by failing to pay Lender the principal amount due thereunder on the maturity date. 8. The Note provides that the Lender may confess judgment against the Borrower after a default thereunder for the entire balance of the Note along with accrued interest, all other amounts due, costs of suit and an attorney's commission of 5% of such balance and interest. 9. The Guaranty provides that the Lender may confess judgment against the Guarantor after a default thereunder for the amount of the Obligations, costs of suit and an attorney's commission of 5% of such balance and interest. 10. The total sums due and owing under the Note and Guaranty as of May 15, 2013 is $116,357.38, along with interest accruing at the default rate of ten percent (10 %) per annum after May 15, 2013, plus costs and reasonable attorney's fees until paid in full (the "Indebtedness "). 11. All conditions precedent have been satisfied to allow the Lender to confess judgment against the Borrower under the Note and the Guarantor under the Guaranty for the Indebtedness. 12. The Lender is the holder of the Note and the Guaranty. 13. The Note and the Guaranty were executed and delivered in connection with a commercial transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 14. Judgment has not been confessed against the Borrower or Guarantor in any other jurisdiction. 15. The 5% attorney's commission included in the confessed judgment as authorized under the Note and Guaranty is being used to calculate a sum certain for purposes of confessing judgment; however, the Lender will only seek to recover its actual and reasonable attorney's fees for costs of collection in this matter. WHEREFORE, Plaintiff, Excel Homes Group, LLC, hereby requests this Honorable Court to enter judgment against Defendants, Gabrielle Salman Modular, Inc., and Gabrielle Salman, jointly and severally, in the amount of $116,357.38 as of May 15, 2013, along with interest accruing at the default rate of ten percent (10 %) per annum after May 15, 2013, plus costs and reasonable attorney's fees until paid in full. Respectfully submitted, McNEES WALLACE & NURICK LLC �J nathan H. Rudd Attorney I.D. No. 56880 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5406 (Direct Dial) (717) 260 -1737 (Direct Fax) lruddCcD-mwn.com Date: June 11, 2013 Attorneys for Excel Homes Group, LLC VERIFICATION I, Jolene A. Myers, Executive Vice President of Finance and Administration for Plaintiff, Excel Homes Group, LLC, verify that I am authorized to make this Verification on behalf of Plaintiff, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my information, knowledge and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. olen A. Myers, Exe�utive V` e' esident of Finance and A' ministration Dated: June 1, 2013 E XHIBIT A JUDGMENT PROMISSORY NOTE $116,357.38 May Of , 2013 BACKGROUND WHEREAS, GABRIELLE SALMAN MODULAR, INC., a New York corporation ( "Maker"), purchased certain modular units from EXCEL HOMES GROUP, LLC, a Pennsylvania limited liability company ( "Payee "); and WHEREAS, the purchase price of the modular units was $150,862.38 (the "Purchase Price "), of which $34,505.00 has been paid; and WHEREAS, Payee failed to make payments in the amount of $58,178.00 on April 1, 2013, and $58,179.38 on April 5, 2013; and WHEREAS, this Promissory Note (this "Note ") is being made to evidence Makers obligation to pay the outstanding balance of the Purchase Price. NOW THEREFORE, Maker, having an address at 1031 King Street, Chappaqua, NY 10514, promises to pay to the order of Payee, in lawful money of the United States of America in immediately available funds at 10642 South Susquehanna Trail, Liverpool, PA 17045, or at such other location as the holder of this Note may designate from time to time, the sum of $116,357.38, as provided below: 1. Rate of Interest Prior to an Event of Default (as hereinafter defined), amounts outstanding under this Note will not bear interest. 2. Payment Terms Any amounts outstanding under this Note shall be due and payable in full on May 15, 2013 (the "Maturity Date "). 3. Default Rate Following the occurrence of an Event of Default, amounts outstanding under this Note shall bear interest at an annual rate of 10 percent (10 %) (based on a year of 360 days and actual days elapsed) (the "Default Rate"); provided, however, in no event will the Default Rate exceed the maximum rate of interest allowed by applicable law. The Default Rate shall continue to apply whether or not judgment shall be entered on this Note. 4. Prepayment The indebtedness evidenced by this Note may be prepaid in whole or in part at any time without penalty or premium. 5. Events of Default The occurrence of any of the following events will be deemed to be an "Event of Default" under this Note: (i) failure to pay amounts under this Note when due; (ii) the filing by or against Maker of any proceeding in bankruptcy, insolvency, or similar proceeding (and, in the case of any such proceeding instituted against Maker, such proceeding is not dismissed or stayed within 60 days of the commencement thereof); or (iii) any assignment by Maker for the benefit of creditors. Upon the occurrence of an Event of Default: (a) if an Event of Default specified in clause (ii) or (iii) above shall occur, the outstanding balance shall be immediately due and payable without demand or notice of any kind; (b) if any other Event of Default shall occur, the outstanding balance hereunder together with any additional amounts payable hereunder, at the Payee's option and without demand or notice of any kind, may be accelerated and become immediately due and payable; (c) at the Payee's option, this Note will bear interest at the Default Rate from the date of the occurrence of the Event of Default; and (d) the Payee may exercise from time to time any of the rights and remedies available under applicable law. 6. Power to Confess Judgment Maker hereby empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for Maker and, with or without complaint filed, confess judgment, or a series of judgments, against Maker In favor of Payee or any holder hereof for the entire balance of this Note, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's commission of the greater of 5% of such balance and interest or $5,000 added as a reasonable attorney's fee, and for doing so, this Note or a copy verified by affidavit shall be a sufficient warrant. Maker hereby forever waives and releases all errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on the balance portion of the judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as Payee shall elect until such time as Payee shall have received payment in full of the debt, interest and costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorneys' fees that Payee may recover from Maker shall not exceed the actual attorneys' fees incurred by Payee. 7. Miscellaneous a. Notices All notices, demands, requests, consents, approvals and other communications required or permitted hereunder must be in writing and will be effective upon receipt. Such notices and other communications may be hand - delivered, sent by facsimile transmission with confirmation of delivery and a copy sent by first -class mail, or sent by nationally recognized overnight courier service, to the addresses for Payee and Maker set forth above or to such other address as either may give to the other in writing for such purpose. b. Non Waiver No delay or omission on Payee's part to exercise any right or power arising hereunder shall impair any such right or power or be considered a waiver of any such right or power, nor shall Payee's action or inaction impair any such right or power. C. Modifications No modification, amendment or waiver of any provision of this Note, nor consent to any departure by Maker therefrom shall be effective unless made in a writing signed by Payee. d. Waiver of Protest Maker and all other makers and endorsers of this Note hereby forever waive presentment, protest, notice of dishonor, and notice of non - payment. e. Expenses of Collection Maker agrees to pay on demand, to the extent permitted by law, all costs and expenses incurred by Payee in the enforcement of its rights in this Note and in any security therefor, including without limitation reasonable fees and expenses of Payee's counsel. 2 f. Separability If any provision of this Note is found to be invalid by a court, all the other provisions of this Note shall remain in full force and effect. g. Successors and Assions This Note shall bind Maker and its successors and assigns, and the benefits hereof shall inure to the benefit of Payee and its successors and assigns; provided, however, that Maker may not assign this Note in whole or in part without Payee's written consent and Payee at any time may assign this Note in whole or in part. h. Governing Law This Note has been delivered to and accepted by Payee and shall be deemed to be made in the Commonwealth of Pennsylvania. THIS NOTE SHALL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF PAYEE AND MAKER DETERMINED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, EXCLUDING ITS CONFLICT OF LAWS RULES. i. Jurisdiction: Venue Maker hereby irrevocably consents to the exclusive jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania; provided that nothing contained in this Note shall prevent Payee from bringing any action, enforcing any award or judgment or exercising any rights against Maker individually, against any security or against any property of Maker within any other county, state or other foreign or domestic jurisdiction. Maker acknowledges and agrees that the venue provided above is the most convenient forum for both Payee and Maker. Maker waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Note. j. Commercial Loan. Maker represents and warrants that this Note is the result of a commercial transaction and is not for a consumer credit transaction. 8. WAIVER OF JURY TRIAL MAKER IRREVOCABLY WAIVES ANY AND ALL RIGHTS MAKER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. MAKER ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. Maker acknowledges that it has read and understood all the provisions of this Note, including the confession of judgment and waiver of jury trial, and has been advised by counsel as necessary or appropriate. WITNESS the due execution hereof as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WITNESS: MAKER: GABRIEL ALMAN MODULAR, INC. By: (SEAL) Gabrielle Salman, President 3 DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned: Gabrielle Salman Modular, Inc. 1031 King Street Chappaqua, NY 10514 Payee: Excel Homes Group, LLC 10642 South Susquehanna Trail Liverpool, PA 17045 The undersigned has executed, and /or is executing, on or about the date hereof, the following document under which the undersigned is obligated to repay monies to Payee: Judgment Promissory Note — $116,357.38 A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS UNDER WHICH PAYEE MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT BY PAYEE THEREUNDER BEFORE JUDGMENT IS ENTERED, THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO PAYEE'S ENTERING JUDGMENT AGAINST IT BY CONFESSION PURSUANT TO THE TERMS THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS UNDER WHICH PAYEE MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF THE UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES ITS RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND CONSENTS TO PAYEE'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certifies that a representative of Payee specifically called the confession of judgment provisions in the above documents to the attention of the undersigned, and /or that the undersigned was represented by legal counsel in connection with the above documents. D. The undersigned hereby certifies: that its annual income exceeds $10,000; that all references to "the undersigned" above refer to all persons and entities signing below; and that the undersigned received a copy hereof at the time of signing. Dated: May , 2013 WITNESS: MAKER: GABRIELLE SALMAN MODULAR, INC. By: (SEAL) GkViene Salman, President EXHIBIT B GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AGREEMENT (this "Guaranty") is made and entered into as of May t 2013, by GABRIELLE SALMAN, an adult individual, with an address at 1031 King Street, appaqua, NY, 10514 (the "Guarantor," "), in favor of EXCEL HOMES GROUP, LLC, a Pennsylvania limited liability company (the "Payee "), with an address at 10642 South Susquehanna Trail, Liverpool, PA 17045, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. 1. Guaranty of Obligations Guarantor hereby guarantees, the prompt payment and performance of that certain Judgment Promissory Note in the original principal amount of $116,357.38 made by Gabrielle Salman Modular, Inc., a New York corporation ( "Maker"), in favor of Payee dated of even date herewith, and any amendments, extensions, or increases and all costs and expenses of the Payee incurred in the enforcement, collection or otherwise in connection with any of the foregoing, including reasonable attorneys' fees and expenses (collectively, the "Obligations "). 2. Nature of Guaranty: Waivers This is a guaranty of payment and not of collection and the Payee shall not be required, as a condition of the Guarantor's liability, to make any demand upon or to pursue any of its rights against the Maker. This is a absolute, unconditional, irrevocable and continuing guaranty and will remain in full force and effect until all of the Obligations have been indefeasibly paid in full, and the Payee has terminated this Guaranty. This Guaranty will not be affected by any irregularity, unenforceability or invalidity of any of the Obligations or any part thereof. The Guarantor's obligations hereunder shall not be affected, modified or impaired by any counterclaim, set -off, deduction or defense based upon any claim the Guarantor may have against the Maker or the Payee, except payment or performance of the Obligations. The Payee at any time and from time to time, without notice to or the consent of the Guarantor, and without impairing or releasing, discharging or modifying the Guarantor's liabilities hereunder, may: (b) renew, substitute, modify, amend or alter, or grant consents or waivers relating to any of the Obligations; (c) apply any and all payments by whomever paid or however realized including any proceeds of any collateral, to any Obligations of the Maker in such order, manner and amount as the Payee may determine in its sole discretion; (d) settle, compromise or deal with any other person, including the Maker, with respect to any Obligations in such manner as the Payee deems appropriate in its sole discretion; or (e) take such actions and exercise such remedies hereunder as provided herein. 3. Enforceability of Obliloations No modification, limitation or discharge of the Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors under federal or state law will affect, modify, limit or discharge the Guarantor's liability in any manner whatsoever and this Guaranty will remain and continue in full force and effect and will be enforceable against the Guarantor to the same extent and with the same force and effect as if any such proceeding had not been instituted. 4. Events of Default The occurrence of any of the following shall be an "Event of Default ": (i) any Event of Default (as defined in that certain Judgment Promissory Note made by the Maker in favor of the Payee, dated even date herewith, as the same may be amended); or (II) the termination or attempted termination of this Guaranty by the Guarantor. Upon the occurrence of any Event of Default: (a) the Guarantor shall pay to the Payee the outstanding amount of the Obligations; or (b) the Payee in its discretion may exercise from time to time any other rights and remedies available to it at law, in equity or otherwise. 5. Costs To the extent that the Payee incurs any costs or expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys' fees and the costs and expenses of litigation, such costs and expenses will be due on demand and will be included in the Obligations. 6. Postponement of Subrogation Until the Obligations are indefeasibly paid in full, the Guarantor irrevocably postpones and subordinates in favor of the Payee any and all rights which the Guarantor may have to (a) assert any claim against the Maker based on subrogation rights with respect to payments made hereunder, and (b) any realization on any property of the Maker, including participation in any marshalling of the Maker's assets. 7. Power to Confess Judgment Guarantor hereby empowers any attorney of any court of record, after the occurrence of an Event of Default, to appear for such Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against such Guarantor in favor of the Payee for the amount of the Obligations, costs of suit and an attorney's commission of the greater of 5% of such outstanding balance and interest or $5,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a copy verified by affidavit shall be a sufficient warrant The Guarantor hereby forever waives and releases all errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be Invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Payee shall elect until such time as the Payee shall have received payment in full of the outstanding balance due on the Obligations and costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorneys' fees that the Payee may recover from the Guarantor shall not exceed the actual attorneys' fees incurred by the Payee. 8. N tices. All notices, demands, requests, consents, approvals and other communications required or permitted hereunder must be in writing and will be effective upon receipt. Such notices and other communications may be hand delivered, sent by facsimile transmission with confirmation of delivery and a copy sent by first -class mail, or sent by nationally recognized overnight courier service, to the addresses for the Payee and the Guarantor set forth above or to such other address as one may give to the other in writing for such purpose. 9. Preservation of Rights No delay or omission on the Payee's part to exercise any right or power arising hereunder will impair any such right or power or be considered a waiver of any such right or power, nor will the Payee's action or inaction impair any such right or power. The Payee's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Payee may have under other agreements, at law or in equity. The Payee may proceed in any order against the Maker, the Guarantor or any other obligor of. or any collateral securing, the Obligations. 10. Channes in-_ No modification, amendment or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor therefrom, will be effective unless made in a writing signed by the Payee, and then such waiver or consent shall be effective Only in the specific instance and for the purpose for which given. No notice to or demand on the Guarantor in any case will entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance. 11. Entire Aureement This Guaranty (including the documents and instruments referred to herein) constitutes the entire agreement and supersedes all other prior agreements and understandings, both written and oral, among the Guarantor and the Payee with respect to the subject matter hereof. 12. Successors and Assigns This Guaranty will be binding upon and inure to the benefit of the Guarantor and the Payee and their respective executors, administrators, heirs, successors and assigns; provided, however, that the Guarantor may not assign this Guaranty in whole or in part without the written consent of the Payee and Payee at any time may assign this Guaranty in whole or in part. 13. Governing Law and Jurisdiction This Guaranty has been delivered to and accepted by the Payee and will be deemed to be made in the Commonwealth of Pennsylvania. THIS GUARANTY WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF THE PAYEE AND THE GUARANTOR DETERMINED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, EXCLUDING ITS CONFLICT OF LAWS RULES. The Guarantor hereby irrevocably consents to the exclusive jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania; provided, that nothing contained in this Guaranty will prevent the Payee from bringing any action, enforcing any award or judgment or exercising any rights against the Guarantor individually, against any security or against any property of the Guarantor within any other county, state or other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the venue provided above is the most convenient forum for both the Payee and the Guarantor. The Guarantor waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Guaranty. WAIVER OF JURY TRIAL THE GUARANTOR IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY. THE GUARANTOR ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. WITNESS the due execution hereof as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WITNESS: GUARANTOR: Gabrie al DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned: Gabrielle Salman Payee: Excel Homes Group, LLC The undersigned has executed, and /or is executing, on or about the date hereof, a Guaranty and Suretyship Agreement, in respect of the obligations owed to Payee by Excel Homes Group, LLC, a Pennsylvania limited liability company, under which the undersigned is obligated to repay monies to Payee. A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS UNDER WHICH PAYEE MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF HER RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST HER BY PAYEE THEREUNDER BEFORE JUDGMENT IS ENTERED, THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO PAYEE'S ENTERING JUDGMENT AGAINST HER BY CONFESSION PURSUANT TO THE TERMS THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS UNDER WHICH PAYEE MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF THE UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF HER RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES HER RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND CONSENTS TO PAYEE'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certifies that a representative of Payee specifically called the confession of judgment provisions in the above document to the attention of the undersigned, and /or that legal counsel represented the undersigned in connection with the above document. D. The undersigned hereby certifies that her annual income exceeds $10,000; that all references to "the undersigned" above refer to the persons signing below; and that the undersigned received a copy hereof at the time of signing. Dated as of May ,_, 2013. WITNESS: (SEAL) Gabrielle Salm n EXCEL HOMES GROUP, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0110d n nJ GABRIELLE SALMAN MODULAR, INC., c and GABRIELLE SALMAN'm +.. Defendants CIVIL ACTION - LAW ©' o M C:> e_ — AFFIDAVIT OF NON - MILITARY SERVICE C= c o AND LAST -KNOWN ADDRESS OF GABRIELLE SALMAN COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF DAUPHIN : The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Gabrielle Salman, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, f /k /a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501 et seq. Gabrille Salman is over eighteen (18) years of age and was last known residing at 1031 King Street, Chappaqua, New York 10514. onathan H. Rudd, Esq ire SWORN and subscribed to before me this / day of June 20 otary P blic My mmission Expires (SEAL) commoNW�/1 Notaft seat Tracy L Finkenbind&, Notary Public qty of HarASburg, Dauphin County CanndSSSto , lu 10, 2013 McGER, PEN VAN1A ASSOCIATION OF NOTARIES EXCEL HOMES GROUP, LLC IN THE COURT OF COMMON PLEAS (g_ ==_; Plaintiff, CUMBERLAND COUNTY, PENNS, VANIA v. NO.a= cn r- 70 GABRIELLE SALMAN MODULAR, INC., CD And GABRIELLE SALMAN )> ter; Defendants CIVIL ACTION - LAW E5 �T` CERTIFICATE OF RESI''DENCE We hereby certify the following addresses for the Defendants listed above: Gabrielle Salman Modular, Inc. Gabrielle Salman 1031 King Street 1031 King Street Chappaqua, New York 10514 Chappaqua, New York 10514 McNEES WALLACE & NURICK LLC (: 7P OA athan H. Rudd Atto rney I.D. No. 56880 Nees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5406 (Direct Dial) (717) 260 -1737 (Direct Fax) jruddCcDmwn.com Dated: June 11, 2013 Attorneys for Excel Homes Group, LLC EXCEL HOMES GROUP, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. GABRIELLE SALMAN MODULAR, INC., and GABRIELLE SALMAN �m Defendants CIVIL ACTION - LAW'= -> e� NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON 'r_ TO: Gabrielle Salman Modular, Inc. Gabrielle Salman 1031 King Street 1031 King Street Chappaqua, New York 10514 Chappaqua, New York 10514 A judgment in the amount of $116,357.38 as of May 15, 2013, along with interest accruing at the default rate of ten percent (10 %) per annum after May 15, 2013, plus costs and reasonable attorney's fees until paid in full, has been entered against you and in favor of Excel Homes Group, LLC, in the above captioned case without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. i 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 McNEES WALLACE & NURICK LLC kAJ onathan H. Rudd A PA Attorney I.D. No. 56880 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5406 (Direct Dial) (717) 260 -1737 (Direct Fax) iruddoa-mwn.com Dated: June 11, 2013 Attorneys for Excel Homes Group, LLC 1 EXCEL HOMES GROUP, LLC IN. THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. NO. /�- 3� GABRIELLE SALMAN MODULAR, INC., and GABRIELLE SALMAN ' Defendants CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA.R.C.P. NO. 236 TO: Gabrielle Salman Modular, Inc. Gabrielle Salman 1031 King Street 1031 King Street Chappaqua, New York 10514 Chappaqua, New York 10514 You are hereby notified that on June 2013, a judgment by confession was r entered against you in the above- captioned case in favor of Plaintiff, Excel Homes Group, LLC, in the amount of $116,357.38 as of May 15, 2013, along with interest accruing at the default rate of ten percent (10 %) per annum after May 15, 2013, plus costs and reasonable attorney's fees until paid in full. &QAj DATED: June 2013 PROTHONOTARY 1 r' 4 r 1 1 ,r EXCEL HOMES GROUP, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-3381 GABRIELLE SALMAN MODULAR, INC., �, _ And GABRIELLE SALMAN , Defendants CIVIL ACTION - LAWf- CD -- C) RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) � ' 1 Plaintiff, Excel Homes Group, LLC, hereby files this Return of Service and swears and affirms that the persons listed below were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of the receipt for certified mail is attached hereto. TO: Gabrielle Salman Modular, Inc. Gabrielle Salman 1031 King Street 1031 King Street Chappaqua, New York 10514 Chappaqua, New York 10514 McNEES WALLACE & NURICK LLC PI/V Jo athan H. Rudd A Attorney I.D. No. 56880 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5406 (Direct Dial) (717) 260-1737 (Direct Fax) irudd mwn.com Dated: July 11, 2013 Attorneys for Excel Homes Group, LLC —2 Article Number`.......--- -------------------------------- • • ON DELIVERY = A. Rewtvad (Please Pft'Oea&h I S. Date of D / 5ignatur ❑Agent } 7396 9008 9111 6760 738 a Is de a address differentfrom Item l? ❑Adre�',Yes If YE enter delivery address below: ❑No 3. Service Type CERTIFIED MAILTM I 4. Restricted Delivery?(Extra Fee) ❑Yes I 1. Article Addressed to: 1 ' '"'a Gabrielle Salnian Modular, Inc. 1031 King Street Chappaqua,New York 10514 29662-0006 3029 i PS'Forni 3811.•.J9ridary 2006; Domestic Return Receipt 2. Article Number P��print Clearyl e �� � A. Received by( ID Signatur . N .Agent Q. ❑Addressee •Q, t r 9008 9bbb 67 7394 X Cl Yes❑No i 7196 D. Is Olive addre It YES,enter delivery address below: L 3. Service Type CERTIFIED MAILTM 4. Restricted Delivery?(Extra Fee) Yes r 1. Article Addressed to: t :NY,1 'Gabrielle Salman °kl 1031 King Street 29662-0006 Chappaqua,New York 10514 F 3029 _ pomeatic Retum Receipt --- PS Forrtt.3811.:JanuaOl 2005 - _ `---. --'—T