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HomeMy WebLinkAbout13-3467 SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3 Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. V. COON AND COMPANY K 1917 Spring Rd W M c Carlisle, PA 17013 & ELIZABETH KAREN COON ` A l D � 335 Hollowbrook Dr '= Carlisle, PA 17013 Defendant(s ENTRY OF APPEARANCE AND CONFESSION OF JUDGMENT TO THE PROTHONOTARY: Pursuant to the authority contained in the Business Loan Agreement, Promissory Note and/or warrant of attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for Defendant and confess judgment in favor of Plaintiff and against Defendants as follows: (a) Damages for default $31,435.98 (b) Attorneys' fees $3,143.60 (c) Filing fees $46.00 (d) Interest at $7.66594 per diem from June 14, 213 to date of judgment as provided in Agreement. $TBD TOTAL: $34,625.58 Respe 1 y submitted,O'�p� A� �# a.9 I i80 Dated: 6/13/13 ROBER L. SALDUTT �O e Nil I, ESQUIRE SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3 rd Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 ' Plaintiff CASE NO. ] '2 3 yG 7 C , y V. 1 J COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant(s COMPLAINT IN SUPPORT OF CONFESSION OF JUDGMENT Plaintiff, Sovereign Bank ( "Plaintiff'), by and through its undersigned counsel, hereby files this Complaint pursuant to Pa.R.C.P. No. 2951(b) for judgment by confession and avers the following: 1. Plaintiff is a Pennsylvania financial institution chartered under the laws of the Commonwealth of Pennsylvania and is authorized to conduct business in said Commonwealth with a place of business at 2000 Market St, Philadelphia, and at various other locations throughout the Commonwealth of Pennsylvania. 2. Defendant, Coon and Company is a corporation authorized to conduct business in the Commonwealth of Pennsylvania and is located at 1917 Spring Rd, Carlisle, PA. 3. Defendant, Elizabeth Karen Coon is an individual located in the Commonwealth of Pennsylvania and is located at 335 Hollowbrook Dr, Carlisle, PA. 4. Defendants consented to the laws and jurisdiction of the courts of the Commonwealth of Pennsylvania pursuant to paragraph entitled "Confession of Judgment" in the Promissory Note dated February 16, 2011 ( "Note ") and Commercial Guaranty dated February 16, 2011 ( "Guaranty ") including the Disclosures for Confession of Judgment. True and correct copies of the Note, Guaranty and Disclosures are attached hereto as Exhibit "A" and collectively known as "Agreements ". 5. On February 16, 2011, Defendants signed a Promissory Note in the original principal amount of Thirty Thousand Dollars ($30,000.00). The defendant, Elizabeth Karen Coon, executed a commercial guaranty to Plaintiff dated February 16, 2011. See Exhibit "A" attached hereto. 6. By signing the Agreements, Defendants agreed to make repayment of monies loaned as referenced above. 7. As of January 16, 2013, Defendants have now defaulted on their obligations under the Agreements and have failed to make repayment of monies loaned. There is currently an outstanding balance due of $31,435.98 under the Agreements plus attorney's fees, costs and interest to accrue. 8. Pursuant to the terms outlined in the Agreements, if Defendants defaulted on their obligations under the Agreements, plaintiff had the right to hire an attorney to collect on the note and to charge to the Defendants reasonable attorney's fees incurred in the collection. In this instance, there are outstanding attorney's fees in the amount of $3,143.60. 9. On or about April 26, 2013, Defendants were advised of their default of the obligations contained in the Agreements. However, Defendants made no further payments to Plaintiff following their default. 10. Defendants have failed to make all agreed upon payments to Plaintiff pursuant to the Agreement. 11. Defendants' failure to pay Plaintiff constitutes a material breach of the Agreement. 12. Upon default, Defendants agreed that the unpaid principal amount of the Agreements together with attorney's fees and interest accruing at a rate of $7.66594 per diem from the date of default, would become immediately due and payable. See Exhibit A. 13. The Agreement on its face authorizes Plaintiff to confess judgment against Defendants for $31,435.98, plus attorney's fees, costs and interest accruing at a rate of $7.66594 per diem from date of default until the date of judgment rendered by the court, court costs, expenses and additional attorneys' fees, less any amounts paid by Defendants under the Agreement. See Exhibit A. 14. Defendants have defaulted on the Agreement pursuant to default provisions contained therein by failing to make payments when due. 15. Defendants haves not made any payments under the Agreement, and, therefore, Defendants are unequivocally in default. 16. The collective sum due pursuant to the Agreement is $34,625.58 plus interest to accrue at $7.66594 per diem from June 14, 2013 to date of judgment as provided in Agreement. This sum is broken down as follows: (a) Damages for default $31,435.98 (b) Attorneys' fees $3,143.60 (c) Filing fees $46.00 (d) Interest at $7.66594 per diem from June 14, 213 to date of judgment as provided in Agreement. $TBD TOTAL: $34,625.58 17. Judgment has not been successfully entered in any jurisdiction on the instrument attached hereto as Exhibit "A ". 18. The instrument attached hereto as Exhibit "A" has not been assigned. 19. The judgment by confession sought by Plaintiff is not in connection with a consumer credit transaction. 20. Defendants' failure to pay the amounts due to Plaintiff under the Agreement provides Plaintiff with the authority to file this Complaint. WHEREFORE, Plaintiff, Sovereign Bank respectfully requests that this Honorable Court enter judgment by confession against Defendants, Coon and Company and Elizabeth Karen Coon for monetary damages as authorized by the attached instrument in the sum of $34,625.58, plus interest at $7.66594 per diem from June 14, 2013 to date of j gment as provided in Agreement. Respe fully submitted, ROBEIkT L. SALDUTTI, ESQUIRE Attorney for Plaintiff, Sovereign Bank Dated: 6/13/13 SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3` Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant(s) A ( c 1 VERIFICATION l F(^' , of Sovereign Bank, hereby acknowledge that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand also that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Dated: 6-(3- 13 SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3` Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. V. COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant(s) VERIFICATION I, Robert L. Saldutti, Esquire hereby state that I am attorney of record for Plaintiff, Sovereign Bank and am authorized to take this verification on behalf of Plaintiff, that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand also that any false statements herein .- made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to` , th rities. Dated: 6/13/13 Robert L. Saldutti, Esquire SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. P Street, Suite 213 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. V. COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant(s) CERTIFICATE OF RESIDENCE OF THE PARTIES I, Robert L. Saldutti, Esquire, being of full age, being first duly sworn upon my oath according to law, depose and say: 1. Plaintiff, Sovereign Bank has its place of business located at 2000 Market St, Philadelphia, PA 19103 and at various other locations throughout the Commonwealth of Pennsylvania. 2. Defendant, Coon and Company's last known address is 1917 Spring Rd, Carlisle, PA 17013. 3. Defendant, Elizabeth Karen Coon's last known address is 335 Hollowbrook Dr, Carlisle, PA 17013. }} Respect lly submitted, Robert . Saldutti, Esquire Dated: 6/13/13 Attorney for Plaintiff, SOVEREIGN BANK Sworn to and subscribed before,Yhe this - day -- , 2013. 6ogPu MARCIE ANNE BURRUEZO NOTARY PUBLIC OF NEW JERSEY Any Commission Expires 211511018 .f CERTIFICATE OF SERVICE I, Robert L. Saldutti, Esquire, hereby certify that on the 1 01 day of uM , 2013, 1 caused copy of the JUDGMENT BY CONFESSION, RULE 236 NOTICE, PRAECIPE FOR ENTRY OF JUDGMENT BY CONFESSION, ENTRY OF APPEARANCE AND CONFESSION OF JUDGMENT, COMPLAINT IN SUPPORT OF CONFESSION OF JUDGMENT, AFFIDAVIT OF LAST KNOWN ADDRESS, AFFIDAVIT THAT THE JUDGMENT IS NOT BEING ENTERED BY CONFESSION AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION, CERTIFICATE OF RESIDENCE OF THE PARTIES, AFFIDAVIT OF NON - MILITARY SERVICE, AFFIDAVIT OF DEFAULT AND AUTHENTICITY OF DOCUMENTS, and NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON AND NOTICE OF DEFENDANT'S RIGHTS to be served via certified United States Mail, return receipt requested, upon the following: COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 170 3 Defendants Robert L. Saldutti, Esquire EXHIBIT "A" Pagel of 3 PROMISSORY NOTE Borrower: coon b company Lender Sovereign Bank, a federal savings bank 1917 Spring Road Vlihmova Office Carlisle, PA 170134196 2 Aldwyn Lane P.O. Box 608 Villanova, PA 19085 -1431 Principal Amount $30,000.00 Date of Note: February 16, 2011 PROMISE TO PAY. Coon IL Company ('Bonoarer) prondses to pay to Sovereign Bank a federal savings bank ('Leader), or order, In lawful money of the United States of Amaria, the pr1 weipa1 amount of Thirty Thousand 3 00100 Dollars ( =30,000.110) or so much as may be outstanding, together with Interest 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 ban in accordance with the following payment schedule: This Note shall have a term of slidy (60) months and Is due and payable in full on February 16, 2016 (the 'Maturity Date'} Borrower will pay regular monthly payments of interest only, beginning March 16, 2011, at an Interest rate that floats on a defy bats at 6.00% over the Sovereign Bank Prima Rate. Principal payments nay he made at the Borrowers option. However, the aggregate principal balance outstanding, together with any accrued and unpaid Interest outstanding, will be paid In full on or before shay (60) months from the date of the Note. Uniesa otherwise agreed or required by applicable low, payments will be applied first to any accrued unpaid interest then to principal; Oren to any late charges; and then to any unpaid collection costs. Borrower will pay under at Landers address shown above or at such other plea as Lander may designate in writing. VARIABLE INTEREST RATE The interest rate on this Note is subject to change from time be time based on changes in an index which Is the Lenders Prime Rate. The benders Prime Rate shall mean the rate per annum from time to time astebllshed by Lender as the Prime Rate and made available by Lender at its main office or, In the discretion of Lender, the base, reference or other rate then designated by Lender for general commercial kan reference purposes, it being understood that such rate Is a reference rate, not necessaft the lowest, established from time to time, which serves as the basis upon which effective interest mates are calculated for loans making reference thereto. (the 'Index'). The Index is not necessarily the lowest rate charged by Lender on Its bans and is set by Lender In its sole discretion. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after ratifying Borrower. Lender will tell Borrower the current Index rate upon Borrowers request. The interest rate change will not occur more often than each time as and when the 'Index" changes. Borrower understands that Lender may make loans based on other rates as well. Interest on the unpaid principal balance of this Note will be calculated as described in the 'INTEREST CALCULATION METHOD' paragraph using a rate of 6.000 percentage points over the Index. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. INTEREST CALCULATION METHOD. Interest on this Nob is computed on a 3651360 bash; that Is, by applying the ratio of the Interest rate aver a year of 360 days, multiplled by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. All Interest payable under this Note Is computed using this method. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance Barges are earned fully as of the date of the ban and will riot be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than It is due. Early payments will rot, unless agreed to by Lender in writing, relieve Borrower of Borrowers obligation to continue to make payments of accrued unpaid Interest Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked 'paid in full', 'without recourse', or similar language. If Sommer sends such a payment. Lender may accept It without losing any of Lenders rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment Instrument that indicates that the payment constitutes 'payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Sovereign Bank, Loan Operations (Mail Code 10.421 -CN2), P. O. Box 12646 Reading, PA 19612 -2707. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $25.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be Increased by adding an additional 8.000 percentage point margin ("Default Rate Margin'). The Default Rate Margin shall also apply to each succeeding interest rata change that would have applied had there been no default. If judgment Is entered in connection with this Note, Interest will continue to accrue after the date of judgment at the rate In effect at the time judgment Is entered. However, In no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute to an event of default ('Event of Default) under this Note: Payment DehulL Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform arty tens, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default In Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrowers property or Borrowers ability to repay this Note or perform Borrowers obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lander by Borrower or on Borrowers behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at anytime thereafter. Insolvency. The dissolution or termination of Borrowers existence as a going business, the insolvency of Borrower, the arpointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings, Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This Includes a garnishment of any of Borrowers acoourts, Including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith depute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeihrrn proceeding and H Bo"awer T*vea Lender written notice or the cred °tor or forlpitur? proceeding and deposits with Lender monies or hitpwllooliinblgatipk 'izl;�IniPrizter:astP 1 &LZSca1 -1:00 6113;12013 Page 2 of 3 PROMISSORY NOTE (Continued) Page 2 a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, arty guaranty of the Indebtedness evidenced by this Note. Change In Ownership. Any change in ownership of twenty -five percent (26%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrowers financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender In good faith believes Itself Insecure. Cure Provisions. if any default, other than a default in payment is curable and If Borrower ihas not been given a netloe of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured If Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within thirty (30) days; or (2) if the are requires more than thirty (30) days, Immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lander may, after giving such notices as required by applicable taw, declare the entire unpaid principal balance under this Note and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount ATTORNEYS FEES; EXPENSES. Lender hey hire or pay someone else to help collect this Note If Borrower does not pay. Borrower will pay Larder that amount. This includes, subject to arty limits under applicable law, Lander's reasonable attorneys' fees and Lenders legal expanses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or injunction), and appeals. if not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lander or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Larder and, to the exhin net preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lander reserves a right of setoff in all Borrowers accounts with Lander (whether checldng, savings, or some other account). This includes all accounts Borrower holds jointly with someone also and all accounts Borrower may open in the future. However, this does not include any iRA or Keogh amounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff ail sums owing on the Indebtedness against any and all such accounts, and, at Lenders option, to administratively freeze all such accounts to allow Lender to protect Lenders charge and setoff rights provided in this paragraph. LINE OF CREDIT. This Note evidences a revohring line of credit. Advances under this Note may be requested either orally or in writing by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, Instructions, or directions by telephone or otherwise to Lender are to be directed to Lenders office shown above. The following person or persons are authorized to request advances and authorize payments under the line of credit until Lender receives from Borrower, at Lenders address shown above, written notice of revocation of such authority: Elizabeth Karen Coon, President of Coon & Company. Borrower agrees to be liable for all sums either. (A) advanced in accordance with the instructions of an aull prized person or (B) credited to any of Borrowers accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lenders Internal records, including daily computer printouts. DEFINED TERMS. All initially capitalized terrns used herein which are not otherwise defined herein shall have the meanings ascribed In the Business Loan Agreement between Lender and Borrower of even dam herewith. DEPOSIT RELATIONSHIP. Borrower shall maintain its primary depository amounts) with Lender throughout the term of the within Loan. FEDERAL RESERVE Lender may, at any time, pledge, endorse, assign or transfer all or any portion of Its rights under the Loan Documents, Including any portion of the promissory Note, to any of the twelve (12) Federal Reserve Banks organized under Section 4 of the Federal Reserve Ad. 12.U.S.C. Section 341. No such pledge or enforcement thereof shall release Lender from its obligations under any of the Loan Documents. ADDITIONAL LENDER'S RIGHTS. At the sole discretion of the Lender, If an Event of Default has occurred and the Lender has terminated its commitment to make advances but has not demanded full payment of the balance, on each payment date the Borrower shall pay the Lender. (a) all accrued and unpaid Interest and other charges assessed to the account through the payment due date; end (b) one forty - eighth (1 /48th) of the principal balance outstanding as of the dam the Lender terminated its commitment to make advances. BUSINESS LINE OF CREDIT CHECKS. Borrower acluowledges that Business Una of Credit Checks (' Businew Lino of Credit Checks) are not the same as checks drawn an a demand deposit amount, but constitute requests for advances on the Line of Credit, which may be honored at Lenders side discretion. The amount of each Business Une of Credit Check must be at least Fria Hundred ($500.00),Doliam. Lender may refuse to honor any Business Line of Credit Check if. (i) it is received by Lender after termination of the Une of Credit; (ii) honoring such check would cause the total of all Borrowers obligations on the ban to exceed the face amount of this Note as amended from time to time (the 'Credit Limit'); ( it is received by Lender after an Event of Default has occurred; (Iv) the amount of such check is less than Five Hundred ($500.00) D0112rs; or (v) Lender for any other reason in good faith deems the prospect of repayment of this Note in full to be Impaired. If, however, Lender honors such a Business Una of Credit Check causing the outstanding principal balance of the loan to exceed the Credit Limit, the excess amount will be added to the principal amount evidenced by this Note and Borrower promises to pay Lender all Interest accrued on this amount as well as all additional monies advanced over the Credit Limit. Business line of Credit Checks may not be used to make any payment due to Lender. Any authorized representative of Borrower may stop payment on any Business Una of Credit Check. A stop payment order must be given in time for Lender to act upon it and must state the exact amoun exact dam and precise Identity of the payee of the Business Una of Credit Check. Oral stop payment orders must be confirmed in writing within 14 days. Subject to the provisions of this paragraph, Business Line of Credit Checks are subject to the same rules and regulations as apply to Lenders business checking accounts. CYCLE DOWN PROVISION. During each twelve (12) month period that this Nom is outstanding (including the initial twelve months). Borrower shall pay down the outstanding balance of principal and accnied Interest Under this Note and refrain from requesting advances such that the outstanding balance does not exceed forty (4(r.) percent of the face amount of this Note as amended from time to time for a period of thirty (30) consecutive days. Failure to maintain such balance for such period shall be an Event of Default under this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrowers heirs, personal representatives, h !�eolumblgaop4J1.g/S4n*Pi ianter.aspx' =x& 08 Scale 6/13/20.1 Page 3 of 3 PROMISSORY NOTE (Continued) Page 3 4 succeesoea and asatgru, and shell inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If arty part of this Note cannot be enforced, this fad will not effect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing these. Bomwmr and any other person who signs, guarantees or endorses this Note, to Me extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shell be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of VMS) this loan or release any parry or guarantor or collateral; or impair, fail to realize upon or perfect Lender's 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 Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are Joint and several. If any portion of this Note Is for any reason determined to be unenforceable, It 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 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 CASTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) 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 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 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT tS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: COON 3 COMPANY By 1/� i Seal) wMal Khan :Goon. residem or Coon B Comparly uan u. u. FSw .tunaokxe.:�i..n.nrd+a.,e,...n i�r,��. ,o+w ir...v. .+. anoarw�mnomrc.an�urwa http4,J aluniblga-op4 /1q/lmagt ite-r.asp P- )&L-0 &Sc41e6=100 6/13/?N 13 Page 1 014 COMMERCIAL GUARANTY Son-owe r. Coon a Company Lender. Sovereign Bank, a faderal savings last* 1917 Spring Road Vilanovs Offlas Carlisle, PA 17013 -1190 2 Aldwyn lane P.O. Box 000 Vllianovs. PA 19085 -1431 Guarantor. Eihabsth Karen Coon 336 Hot lowbrook Drive Carlisle, PA 17013 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lenders remedies against anyone else obligated to pay the indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, In same-day funds, without setoff or deduction or counterclaim, and will otherwise perform Borrowers obligations under the Note and Related Documents. Under this Guaranty, Guarantors lability is unlimited and Guarantors obligations are continuing. INDEBTEDNESS. The word *Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable attorneys' fees, arising from any and all debts, liabilities end obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower Individually or collectively or interchangeably with others, owes or will owe Lender. 'Indebtedness' Includes, without limitation, bans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of Borrower, and any present or future Judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether voluntarily or involuntarily incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured: joint or several or Joint and several; evidenced by a negotiable or non - negotiable Instrument or writing; originated by Lender or another or others; bared or unenforceable against Borrower for any reason whatsoever, for any transactions that may be voidable for any reason (such as Infancy, insanity, uhra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under an guarentles shall be cumulative. This Guaranty shall not (urdeas specifically provided below to tine contrary) affect or Irrvolklate any such other guaranties. Guarantors liability will be Guarentoes aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS iS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Larder, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedress insured or contracted before recelpt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantors other obligations under this Guaranty shall have been performed in full. if Guarantor elects to revoke this Guaranty, Guarantor may only do so In writing. Guarantor's written notice of revocation must be mailed to Lender, by certified man, at Lenders address listed above or such other place as Lefler may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantors written revocation. For this purpose and without limitation, the term 'new Indebtedness• does not include the Indebtedness which at the time of notice of revocation is contingent, uhllquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without limitation, "new Indebtedness' does not include all or part of the Indebtedness that is: incurred by Borrower prior to revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substinutlons, and modifications of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantors death or incapacity, regardless of Lenders actual notice of Guarantors death. Subject to the foregoing, Guarantors executor or administrator or other legal representative may terminate this Guaranty M the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lander receives from any one or more Guarantors shall not effect the liability of any remaining Guarantors under this Guaranty. it s anticipated that fluctuations may occur In the aggregate amount of the Indebtedness cow red by this Guaranty, and Guarantor sP -M-lly acknowledges and sill es that reductions In the amount of the Indebtedness, even to zero dollars ($0.00), shag not constitute a termination of this Guaranty. This Guaranty Is binding upon Guarantor and Guarantors hairs, successors and assigns so long as any of the indebtedness remains unpaid and riven though the indebtedness may from time to time be zero dolism ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without bodce or demand and without [awning Guarantors lability under this Guararty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured bans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower, (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part 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 loan term; (C) to take and held security for the payment of this Guaranty or the indebtedness, and exchange, enforce, valve, subordinate, fait or decide 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 otter guarentors on arty terms or in any manner Lender may choose; (E) to determine how, when and whet application of Payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudidal sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretlon may determine; (G) to sell, transfer, assign or grant participations 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 any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty Is executed at Borrowers request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; h.4 it /oolmb.' gaop4)lq/jl asp)c?P 1:: &L!:=O&Slca]e =100 4111/1013 Page 2 of 4 COMMERCIAL GUARANTY (Continued) Page 2 (D) the provslons 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 appiioble to Guarantor, (E) Guarantor has riot and will not, without the prior written consent of Lender, sell, tease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantors assets, or arty Interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial Information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in ail material respells and fairly present Guaramors financial condition as of the dales the financial Information is provided; (G) no material adverse change has occurred in Guarantors financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantors financial condition; (H) no litigation, claim. Investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower, and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis Information regarding Borrowers financial condition. Guarantor agrees to keep adequately informed from such means of arty facts, events, or drrumstances which might in any way affect Guarantors risks 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 prohlbited by applicable law, Gtarsnoor wahrea any right to require Lender (A) to continue IendiN money or to extend other credit to Borrower, (B) to make any presentment, protest, demand, or nodoa 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, Lender, any surety, endorser, or other guarantor in connection wtth the Indebtedness or in connection with the creation of new or additional bans or obligations; (C) to resort 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 Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the temps, time, and place of 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 within Lenders power, or (G) to commit any act or omission of any kind, or at any time, with reaped to arty matter whatsoever. Guarantor also weaves any and all rights or defenses based on suretyship or impairment of oollatei I including, but not limited to, any rights or defenses arising by reason of (A) arty 'one action' or 'anti - deficiency law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lendees commencement or completion of any foreclosure action, either judlclally or by exercise of a power of sale; (B) any election of remedies by Larder which destroys or otherwise adversely affects Guarantors subrogation rights or Guarantors tights to proceed against Borrower for reimbursement, Including without limitation, any loss of rights Guarantor may suffer by reason of any low limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of arty other guarantor, or of any other person, or by reason of the cessation of Borrowers 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 unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor Is commenced, there Is outstanding Indebtedness which is not barred by any applicable statute of limitations; of (F) any defenses gtvan 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 the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrowers trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waNas and agrees not to assert or claim at any time arty deductions to the amount guaranteed under this Guaranty for any calm 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 forth above is made with Guarantors full know (edge of its significance and consequences and that under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by taw or public policy. RIGHT OF SETOFF. To the extent permitted by applicable taw. Lender reserves a right of setoff In all Guarantors accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly wtth someone ease and all accounts Guarantor may open in the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender to the extent perrnftd by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the indebtedness, whether now existing or hereafter emitted, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes Insolvent Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any 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 for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all daims which It may have or acquire against Borrower or against any assignee or trustee In bankruptcy of Borrower, provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment to legal tender of the indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and lender Is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or 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 in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment Attorneys' Foes; Expenses. Guarantor agrees to pay upon demand all of Lenders costs and expenses, including Lenders reasonable attomeye fees and Lenders legal expenses, incurred In connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lenders reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, Including reasonable attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated postludgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Iiftp Jlcol>a lilq op4Ag11m' ePrinter ..asps ?.P= I &L-4.0 e =1fl0 4/1'2%201; Page 3 of 4 COMMERCIAL GUARANTY (Continued) Page 3 Caption Heading& Caption headings in this Guaranty are for convenience purposes only and are not to be used to Interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal loon applicable to Lander and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania wihout regard to its conflicts of law provisions. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty, Guarantor has had the opportunity to be advised by Guarantor's attorney with rasped to this Guaranty: the Guaranty fully reflects Guararrtor'a Intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs ( ncluding Lender's attorneys' fees) suffered or incurred by Lander as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then an words used in this Guaranty M the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words 'Borrower' and "Guarantor' respectively shall mean an and any one or more of them. The words 'Guarantor,' 'Borrower,' and 'Lender' include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty Is not valid or should not be enforced, that fad by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire Into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting 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. Notices. Unless otherwise provided by appricabie law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight counter, or, If mailed, when deposited in the United States mail, as first dam, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled 'DURATION OF GUARANTY.' Arty party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes. Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor Is deemed to be notice given to all Guarantors. No Wahrer by Lender. Lender shall not be deemed to have wvelved any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender 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 shall 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, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Guaranty, the granting of such consent by Lander in any instance shall not constitute continuing consent to subsequent instances where such consent Is required and in all cases such consent may be granted or withheld In the sote discretion of Lender. Successors and Assigns. The berms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, end shall be enforceable by Lender and Its successors and assigns. Welve Jury. Lender and Guarantor hereby wales the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Guarantor against the other. ERROR AND OMISSIONS. Inconsideration of the loan made by Sovereign Bank, (hereafter referred to as 'Lender' to the undersigned, the undersigned does hereby represent the promise as follows: Upon request made by the Lender, its successors or assigns, the undersigned will execute such documents as are reasonable to provide assurance to Lander (1) that the obligations undertaken by the undersigned in connection with said loan will be faithfully performed; (2) that any and all documents and Instruments signed by the undersigned in connection with said loan are accurate statements as to the truth of the matters set forth in them and constitute binding obligations upon the undersigned according to their tenor, or (3) as to the amount of said loan outstanding from time to time, and the date and amount of payments made in rasped to said loan_ Upon request made by the Lender, its successors or assigns, the undersigned will re-execule any document or instrument signed In connection with sold loan or execute any document or instrument that ought to have been signed at or before dosing of said loan, or which was incorrectly drafted and signed, to facilitate full execution of the appropriate documents. All such requests shall receive the full cooperation and compliance by the undersigned within seven (7) days of the making of the request set forth above. The failure of the undersigned to comply with their obligations hereunder shall constitute a default under the documents executed in connection with said loan and shall entitle Lender or its successors and assigns, to the remedies available for default under the documents executed by the undersigned. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty, Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall Include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word 'Borrower' means Coon & Company and includes all co- signers and co-makers signing the Note and all their successors and assigns. Guarantor. The word 'Guarantor" means everyone signing this Guaranty, including without limitation Elizabeth Karen Coon, and in each case, any signet's successors and assigns. Guaranty. The word "Guaranty' means this guaranty from Guarantor to Lender. Indebtedness. The word 'Indebtedness' means Borrower's Indebtedness to Lender as more particularly described In this Guaranty. Lender. The word 'Lender" means Sovereign Bank, a federal savings bank, its successors and assigns. Note. The word 'Note means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrowers ban oblfgations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, http llco1=- b lqaop4flg Maj� jjte.r,.a `?P 1&L -0 &Scale 1 -00 4/12/2 -x}0 Page 4 of 4 now COMMERCIAL GUARANTY (Continued) Page 4 agreements and documents, whether now or hereafter existing, executed in connection wHh the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANA OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR 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 GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR 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 GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL 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 EFFECTNE THIS GUARANTY IS DATED FEBRUARY 1e, 2011. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: FJI=b*YK&mn Goon INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ps )� COUNTY 1 / 'LO _ day pf_. 2D , . me. ( ' I 1 Jt_he undemigrrod Notary pets bath Xamn Coon, !mown to me (or22tlahcto ly proven) to be xh whose name'.ia subscribed io the withln Instru ,aid owledged that he or she executed1he name for-ft Purposes therein contained. M wllneaa vrhersof, I hersun to sat my hand and oflldal seal. Cbf�tAAONWEALTH b# PgNNSYLVANIA [5 Notarial Sit Sheri'L.:Me44aiitter,.t obry. Public Notary - PulAr.in and for the State'of. Hampden Twp., Cumbert M Courny My Commission Expires Nov.:B, 2011 Member. Pennsylvania Assodation of Notar'aa ht#p /col imblgaop4Aq /litagePxintei,aspx` P=.I &L =O&Scale= 1.:00 4/2/201'3 rage i oz i DISCLOSURE FOR CONFESSION OF JUDGMENT Declarant: Coon a Company Lender. Sovmign Bank, a 1rd.nl savings bank 1817 SpMng Road Vfi Hle anova Oe Carlifls, PA 17013 -1198 2 Aldwyn Lane P.O. Bo= 808 Vlllanova, PA INNS -1431 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS eG.'l M DAY OF za / / , A PROMISSORY NOTE FOR $30,000-00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING , ME CLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. 1NmAL.S: B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANTS PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WANING TNiESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY'MANNER PERM11 ED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: ���� } }1111{'��,1✓. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: IN mALS I. DECLARANT WAS REPRESENTED BY DECLARANTS OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE �/. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANTS ATTENTION. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: COON a COMPANY ay � C �-- z � r9 any oon sm o Conn a Canpam .PA .8*ocxmftpmom, w$ "an 91,e hftp fi> Iiimblgao� -T /lq/`ImagePfinter.,aspX ?P�& 0 &;'Scal:e =1(l0 6J31J 413 Page 1 of 1 t DISCLOSURE FOR CONFESSION OF JUDGMENT 60IT0Wer Cann & Company Lander Sowaign Be* a f I I srAnp bank 1917 Spring Road VIllanova Offke Carlble, PA 17013 -1198 2 Aktwyn Lana P.O. BOX Gas Villanova, PA 19085.1431 Declarant: Eibm Kww Coon 335 HolWmbook Drive Gdbks, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF (. 20�, A GUARANTY FOR AN UNLIMITED AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A COI ION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S E NTERING 4%Q )GMW AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT_ M y�Y;MIyiNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS; _ C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALJNG EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT, AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING, THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE 15 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT; X »n .Won IIMI/MIMF4:Nr..iLf6pE. 410,r- NY,,..{,1.1i+,1a,W...4 qlf, l04. NR'�Y. N,i�l� •M �)p..1Hi.Miwi' hV- .l /.eolumblgaopAllq/.[magePr i�t�r:aspx ?�' -aBiI = Dt4cSca1e=100 6/11/2013 SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3 Street, Suite 213 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. (3 - 3�Co`] c ivi (TVp V. c-a � COON AND COMPANY - 1917 Spring Rd Carlisle, PA 17013 &� =C T — ELIZABETH KAREN COON 335 Hollowbrook Dr - Carlisle, PA 17013 Defendant(s PRAECIPE FOR ENTRY OF JUDGMENT BY CONFESSION TO THE PROTHONOTARY: Kindly enter judgment by confession in the above - captioned action and assess damages in favor of the Plaintiff, Sovereign Bank, and against the Defendants, Coon and Company and Elizabeth Karen Coon, in the amount of $34,625.58, plus i erest at $7.66594 per diem from June 14, 2013 to date of judgment. Rob ! rt L. tti, Esquire Attorney for Plaintiff, Sovereign Bank Dated: 6/13/13 SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3 Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. V. COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant (s) CERTIFICATE OF SERVICE I, Robert L. Saldutti, Esquire, hereby certify that on this L day of ��IYUt� , 2013, I have caused a true and correct copy of the foregoing Praecipe for Entry of Judgment by Confession and supporting papers on behalf of Sovereign Bank, to be served by regular, first class mail, postage pre -paid upon: COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 ELIZABETH KAREN COO 335 Hollowbrook Dr Carlisle, PA 17013 Defendants Robert 4. Saldutti, Esquire Saldutti, LC Attorneys for Plaintiff SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3 Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 �y Plaintiff CASE NO. �3 - 3�Ilo`] � i 1Vt I�fiP.r�► V. rw COON AND COMPANY C: 1917 Spring Rd _t -v = Carlisle, PA 17013 ;a � rrt cnr Z _ a �-- -te) & .� -rj ELIZABETH KAREN COON Z> C 335 Hollowbrook Dr" Carlisle, PA 17013 Defendants AFFIDAVIT OF NON - MILITARY SERVICE I, Robert L. Saldutti, Esquire, being of full age, being first duly sworn upon my oath according to law, depose and say: 1. I am over the age of 18, I have made this Affidavit on the basis of personal knowledge of the matters set forth herein, and I am competent to testify to the same. 2. I am admitted to practice law in Pennsylvania and am associated with the law firm of Saldutti, LLC, counsel for the plaintiff in the above - captioned action. I am familiar with the file in the above captioned case and the pleadings filed therein. 3. Upon information and belief, Defendant, Coon and Company, is a corporation and therefore cannot be in the Military Service of the United States or any State or Territory thereof or its allies in the Solider and Sailors' Civil Relief Act of 1940 and the amendments thereto. 4. Upon information and belief, Defendant, Elizabeth Karen Coon, is not in the Military Service of the United States, or any State or Territory thereof or its allies in the Solider and Sailors' Civil Relief Act of 1940 and the amend ents thereto. Robeft L. Saldutti, Esquire Dated: 6/13/13 Attorney for Plaintiff Sworn to and subscribed before ,. e is day 013. 1 a of MARCIE ANNE 13URRUEZo NOTARY PUBLIC OF NEW JERSEY MY Commisslon Expires 202018 SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3` Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. V. COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 -03 & ELIZABETH KAREN COON p 335 Hollowbrook Drill Carlisle, PA 17013 > Defendant(s) - AFFIDAVIT THAT THE JUDGMENT IS NOT BEING ENTERED BY CONFESSION AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION I, Robert L. Saldutti, Esquire, being of full age, being first duly sworn upon my oath according to law, depose and say: 1. The judgment is not being entered by confession against a natural person in connection with a "consumer credit transaction" as defined the Pa.R.C.P No. 2950. -' Respect 11 submitted, Dated: 6/13/13 ROBER L. SALDUTTI, ESQUIRE W ribed ay 2013. - w MARCIE ANNE BURRUEZO NOTARY PUBLIC OF NEW JERSEY My C=n4s lon ExPlm 2!2312818 SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3rd Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 c•T Plaintiff CASE NO. aiVitT r V. � r J C:) COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 5;C:: } �• ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant (s AFFIDAVIT OF LAST KNOWN ADDRESSES I, Robert L. Saldutti, Esquire, being of full age, being first duly sworn upon my oath according to law, depose and say: 1. Upon Information and belief, the last known address of Defendant, Coon and Company is 1917 Spring Rd, Carlisle, PA 17013; 2. Upon Information and belief, the last known address of Defendant, Elizabeth Karen Coon is 335 Hollowbrook Dr, Carlisle, PA 17013. Respect 11 submitted, Dated: 6/13/13 ROBER L. SALDUTTI, ESQUIRE Sworn t and subscribed before e this 0-day 0 2013. t Pu is V MARCIE ANNE SURRUEZO _ NOTARY PUBLIC OF NEW JERSEY My Commission Expims 212512018 SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3 Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. 13 -310 r-� C") N '{ --3 V. 't73 w, r.n cu C— COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 - & " ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF DEFAULT AND AUTHENTICITY OF DOCUMENTS I, Robert L. Saldutti, Esquire, of full age, being first duly sworn upon my oath according to law, depose and say: 1. I am attorney for Plaintiff, Sovereign Bank ( "Plaintiff'), and I am authorized to make this affidavit on behalf of Plaintiff. 2. The instruments attached as Exhibit "A" to the Complaint In Support of Confession of Judgment are a true and correct copy of the original document. 3. The Defendants, Coon and Company and Elizabeth Karen Coon are in default of their obligations under the Agreements and Disclosure for Confession of Judgment and r� ~ supporting papers ( "Agreement "), as more fully described in the Complaint In Support of Confession of Judgment and its attachments thereto. 4. By reason of Defendant's default under the Agreement, there is due and owing to Plaintiff the amount of $34,625.58, plus interest at $7.66594 per diem from June 14, 2013 to date of judgment, comprised of the following: (a) Damages for default $31,435.98 (b) Attorneys' fees $3,143.60 (c) Filing fees $46.00 (d) Interest at $7.66594 per diem from June 14, 213 to date of judgment as provided in Agreement. $TBD TOTAL: $34,625.58 5. The allegations contained in the Complaint in Support of Confession of Judgment are true and correct to the best of my knowledge, informat' o d belief. Dated: 6/13/13 RO RT L. SALDUTTI, ESQUIRE Sworn to and subscribed before n I this day of 2013. otary Pub is MARCIE ANNE 9URRUEZO NOTARY PUBLIC OF NEW JERSEY MY Commis :Ion Expires 212512018 � f SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3rd Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. C") - q V. c COON AND COMPANY rrncp 1917 Spring Rd r� Carlisle, PA 17013 & = '`' ELIZABETH KAREN COON - - 335 Hollowbrook Dr Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF NON - RETAIL SALES CONTRACT AND NON - CONSUMER CREDIT TRANSACTION I, Robert L. Saldutti, Esquire, being of full age, being first duly sworn upon my oath according to law, depose and say: 1. I am attorney for Sovereign Bank, Plaintiff, and am authorized to make this Affidavit of Non - Retail Sales Contract and Non - Consumer Credit Transaction on behalf of the Plaintiff. 2. The transactions represented by the instruments attached to the Complaint in Confession of Judgment filed in this matter were business transactions, and were not entered into for personal, family or household purposes. 3. Additionally, the judgment herein is not bei , entered by confession against any natural person in connection with a consumer credit trans ; ti n. Dated: 6/13/13 ROB ART L. SALDUTTI, ESQUIRE Sworn to and subscribed before e day j is of , 2013. _ot 4 MARCIE ANNE BURRUEZO NOTARY PUBLIC OF NEW JERSEY My Commission Expires ?12512018 r l SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. P Street, Suite 213 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff Plaintiff CASE NO. (�j 3q(ol 01 Teth V. c= COON AND COMPANY rncv --' =rn 1917 Spring Rd �?s Carlisle, PA 17013 Cam' &_�.. r ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF INCOME 1, Robert L. Saldutti, Esquire, being of full age, being first duly sworn upon my oath according to law, depose and say: 1. I am attorney for Sovereign Bank, Plaintiff, and am authorized to make this Affidavit of Non - Retail Sales Contract and Non - Consumer Credit Transaction on behalf of the Plaintiff. 2. I am authorized to make this Affidavit of Income on behalf of the Plaintiff. 3. Defendant, Coon and Company, is not an individual, and, to the best of my knowledge, its annual income exceeds $10,000.00 per year. w 4. Defendant, Elizabeth Karen Coon, is an individual, and, to the best of my knowledge, her annual income exceeds $1 00.00 per year. Dated: 6/13/13 RO ERT L. SALDUTTI, ESQUIRE Sworn to and subscribed before e this /aday o 013. 4�� o N MARCIE ANNE 13URRUEZO NOTARY PUBLIC OF NEW JERSEY My Commisslon Expires 20=8 F q ty - SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3 Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. 13 �l�7 i vfl�fa -1 V. C-: ➢i G C= COON AND COMPANY -- 1917 Spring Rd = � -v, Carlisle, PA 17013 8 ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant (s NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON AND NOTICE OF DEFENDANT'S RIGHTS TO: Coon and Company Elizabeth Karen Coon A judgment in the amount of $34,625.58, plus interest at $7.66594 per diem from June 14, 2013 to date of judgment, has been entered against you in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE .DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. , y „ 7 YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE Cumberland County Bar Association 2 Liberty Ave Carlisle, PA 17013 Telephone: (717) 24� 66 Robert L. Saldutti, Esquire Attorney for Plaintiff, Sovereign Bank Dated: 6/13/13 SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3` Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. 13- 307 V. COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant(s) JUDGMENT BY CONFESSION AND NOW, this 1V day of \ , 2013, a Complaint In Support of Confession of Judgment and Affidavits in support thereof having been filed, JUDGMENT IS HEREBY ENTERED in favor of Plaintiff, SOVEREIGN BANK, and against Defendants, Coon and Company and Elizabeth Karen Coon in the amount of $34,625.58, plus interest at $7.66594 per diem from June 14, 2013 to date of judgment. PROTHONOTARY SALDUTTI, LLC Robert L. Saldutti, Esquire Identification No. PA -63867 461 N. 3 rd Street, Suite 2B 800 N. Kings Highway, Ste 300 Philadelphia, PA 19123 Cherry Hill, NJ 08034 (877) 809 -4345 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF 2000 Market St COMMON PLEAS Philadelphia, PA 19103 Plaintiff CASE NO. 13 - 3` (o7 aiv I eaW V. COON AND COMPANY 1917 Spring Rd Carlisle, PA 17013 ELIZABETH KAREN COON 335 Hollowbrook Dr Carlisle, PA 17013 Defendant(s TO: Coon and Company Elizabeth Karen Coon NOTICE Pursuant to Pa.R.C.P. No. 236, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding. Copies of documents filed in support of said judgment are enclosed herewith. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT: Robert L. Saldutti, Esquire Saldutti, LLC 800 N. Kings Highway, Suite 300 Cherry Hill, NJ 08034 Attorney for Plaintiff, Sovereign B PROTHONOTARY SALDUTTI, LLC BY: Robert L. Saldutti, Esquire Identification No. PA-63867 800 N. Kings Highway, Ste 300 Cherry Hill,NJ 08034 461 N. 3rd Street (856) 779-0300 Philadelphia, PA 19123 Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY COURT OF MAIL CODE:NY1-MLV-01-01 COMMON PLEAS 3 HUNTINGTON QUADRANGLE MELVILLENY11747 Case No. 13-3467 Plaintiff, v. CIVIL ACTION-LAW . ell", w ---4 COON AND COMPANY a zrn 1917 Spring Road Carlisle, Pa 17013-1196 , �,, C %' AND r– a ELIZABETH KAREN COON a z —i 335 Hollowbrook Drive ... c) Carlisle, Pa 17013 �- Defendants -,) AND PNC BANK, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, Pennsylvania: (1) Against Defendants, Coon and Company and Elizabeth Karen Coon. (2) Against Garnishee, PNC Bank O( H ,oveK s e And Index this writ c9( $(e P/ /7o/3 (3) Against Defendants, Coon and Company and Elizabeth Karen Coon. (4) Against Garnishee, PNC Bank. As a lis pendens against the real property of the defendants in the name of the garnishee. Specifically describe the property per attached: All bank accounts, including checking, savings, monthly club accounts, certificates of deposit and any other accounts not specifically identified, negotiable instruments, and any other monies held in the name(s) of Coon and Company and Elizabeth Karen Coon, either individually or jointly, or any of them AMOUNT DUE: Judgment $34,625.58 Costs: Prothonotary of Cumberland County $29.00 it Sheriff of Cumberland County $100.00 Pi TOTAL: $34,754.58 I certify that (a) This praecipe is based upon a judgment entered by confession, and (b)Notice has been served pursuant to Rule 2958.1 at least t irty days prior to the filing of this raeci e. p p .29. 0 td SALDUTTI, LLB `16. O O ca oo 196j ROBERT L. $ DU I, ESQUIRE Attorney for P1ai f DATED: October 14, 2013 C4 / o9 a.2 5- b1, C-o. z67'7e95 A . 5/0 - , V/ , vF /�k ra W 4 pu- 03 -41s on # w ell he added 6 uS, o LAC erPe1f - 04, 5ald// . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2013-3467 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Sovereign Bank Plaintiff(s) From Coon and Company- 1917 Spring Road,Carlisle,PA 17013-1196 Elizabeth Karen Coon-335 Hollowbrook Drive,Carlisle,PA 17013 (1) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of PNC BANKGARNISHEE(S)as follows: PNC BANK- 1 North Hanover Street,Carlisle,PA 17013 All bank accounts,including checking,savings,monthly club accounts,certificates of deposit and any other accounts not specifically identified,negotiable instruments,and any other monies held in the name(s)of Coon and Company and Elizabeth Karen Coon,either individually or jointly,of any of them. 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$34,625.58 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$75.00 Due Prothonotary$2.25 Other Costs$ Date: 11/4/2013 David D. Buell,Prothonotary A . -, _ i1�� Deputy REQUESTING PARTY: Name : Robert L. Saldutti,Esq. Address: Saldutti,LLC 800 N. Kings Highway,Ste.300 Cherry Hill,NJ 08034 Attorney for: Plaintiff Telephone: 856-779-0300 Supreme Court ID No. 63867