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HomeMy WebLinkAbout05-0055 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Dr - ~-5 C;(J~L ~&"'I. PNC BANK, NATIONAL ASSOCIATION, Plaintiff STEVEN J. CAPUANO and KIMBERLY L. CAPUANO, Defendants CONFESSION OF JUDGMENT : CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendants and confess judgment in favor ofthe Plaintiff and against Defendants as follows: Principal $112,137.01 Other authorized items: Interest to December 22, 2004 $ 1,414.84 Late Charges $ 92.12 Attorney's Commission $ 1l,355.19 TOTAL $124,999.16 plus additional interest, prepayment fees and costs from the date ofthe Complaint. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: December 28, 2004 By: Geef ey . S u , Esquire Supreme Court ID #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ~ ~ = (".:;;:> c.n L_ '"'" :.;g,: t ~ - o -n -' ::I:'"T'1 rl1F" -om ~L1U i~6 "-j -.. -:::L-n ;,?,.'5 ...c.:., r>1 S?\ p. 'A~J :< ",. =:; N co ~ PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. OS' - .s.s C;u'fl~ STEVEN J. CAPUANO and KIMBERLY L. CAPUANO, Defendants : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011. 2. The names and last known address of the Defendants are Steven J. Capuano and Kimberly L. Capuano ("Defendants"), 1229 Blossom Terrace, Boiling Springs, Pennsylvania 17007. 3. Defendants executed and delivered to Plaintiff a Promissory Note in the original principal amount of One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendants executed and delivered to Plaintiff a Forbearance Agreement dated September 25, 2003 (the "Forbearance Agreement") in connection with the Note. A copy of the Forbearance Agreement is attached hereto as Exhibit "B" and made a part hereof. 5. Defendants executed and delivered to Plaintiff a Modification and Amendment of Forbearance Agreement dated May 4, 2004 (the "Modification and Amendment of Forbearance Agreement") in connection with the Note. A copy of the Modification and Amendment of Forbearance Agreement is attached hereto as Exhibit "c" and made a part hereof. 6. Defendants are in default of Defendants' obligations to make payment to Plaintiff as required in the Note, the Forbearance Agreement and the Modification and Amendment of Forbearance Agreement, and Plaintiff has demanded payment in fuU of aU outstanding amounts as provided in the Note, the Forbearance Agreement and the Modification and Amendment of Forbearance Agreement. A copy ofPlaintitl's demand is attached hereto as Exhibit "D" and made a part hereof. 7. Defendants executed and delivered to Plaintiff a Disclosure for Confession of Judgment ("Disclosure for Confession"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "E" and made a part hereof. 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 9. There has not been any assignment of the Note, Forbearance Agreement nor the Modification and Amendment of Forbearance Agreement. 10. Judgment has not been entered on the Note, Forbearance Agreement nor the Modification and Amendment of Forbearance Agreement in any jurisdiction. 11. The amount due to Plaintiff as a result of Defendants' default is as foUows: a. Principal $112,137.01 b. Interest to December 22, 2004 $ 1,414.84 c. Late Charges $ 92.12 d. Attomey's Commission $ 11.355.19 TOTAL $124,999.16 12. Interest continues to accrue at 20%. . WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against Steven J. Capuano and Kimberly 1. Capuano, Defendant, in the amount of One Hundred Twenty- Four Thousand Nine Hundred Ninety-Nine and 16/100 Dollars ($124,999.16), plus interest at the rate of 20%, through the date of payment, including on and after the date of entry of judgment on this Complaint, prepayment fees and costs. Respectfully submitted, Date: December 28, 2004 SAIDIS, SHUFF, FLOWER & LINDSAY /.7 I /'I., ,/ ~ .' ~ ' /::' i,/ > , rey. . uff, Esquire Su COUj1ID #24848 21 09 Mar~Street Camp Hill, P A 170 II (717) 737-3405 Attorney for Plaintiff PROMISSORY NOTE ......,:: ;:;:;:;:;:;:;.] %ei)iiri;!;Oate;~ ma9i4t~ i ?:jMM~!!!!l!YMgL ....Il9;4'...1S4....2tl1D.. ... ..... '" '. . .... .... ...... .. ~ ::::;" '. ........: '-',-... . '::'- '.::;; : h.l.oan:.,No;;...... Lender: PNC BANK, NATIONAl. ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001-8874 .;.;.;.;.;.;.;-;.;.;.:.;.;.:.;.;.;.;-;.;-;-;-;.;...;.:.;::.:.....;-:.;.:...;.;.; -:.'.;.:::-:::::.:;:::g.:.:.:::::~-":.;':'::':'::"':":" . References in the shaded area are tor Lenders use only and do not limit the ep Borrower: STEVEN J. CAPUANO (SSN: 168-48-2821) KIMBERLY L. CAPUANO (SSN: 11l&-6+--l148) 1229 BLOSSOM TERRACE BOILING SPRINGS, PA 17007 Principal Amount: $120,000.00 Interest Rate: 9.000% Date ot Note: September 14, 2000 PROMISE TO PAY. STEVEN J. CAPUANO and KIMBERLY L. CAPUANO ("Borrower") promise to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, In lawful money 01 the Unlled States of America, the principal amount of One Hundred Twenty Thou_ & 00/100 Dollars ($120.000.001, together with Interest at the rate 019.000% per annum on the unpaid principal balance from September 14, 2000, until paId In fUll. PAYMENT. Borrower will pay this loan In 119 regular payments of $1,089.87 each and one Irregular last payment esllmated al $88,853.18. Borrower's IIrst payment Is due October 15, 2000, and all subsequent payments are due on the same day 01 each month aller thaI. Borrower's IInal payment due September 15,2010, will be lor all principal and all accrued Interest not yet peld. Payments Include prtnclpal and Inferest. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual imerest rate over. year ot 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower wiil pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable Jaw, payments will be applied first to accru.ed unpaid interest, then to principal. and any remaining amount to any unpaid collection costs and late charges. PREPAYMENT PENALTY. Upon prepayment of this Note. Lender Is enfltled to the following prepayment penelty: On any business day, upon paymenf 01 all accrued unpaid Interest on this Note, and upon live (5) business day's prlor written notice to Lender, the Borrower may prepay all or part of the outstanding princlpel of this Note; provided, however, that the Borrower also agrees to pay Lender as compensation lor the cost 01 advancing fixed rale rUnds, an emount aqual to the Cost 01 Prepayment. "Cost of Prepayment" means an amount aqualto the present value, If positive, of the product 01 (a) the difference between ~) tile yield, on the dale or this Note, of a U. s. rreasury Obligation with a maturity similar to this Note minus (II) the yield on the prepayment date, of e U. S. Treasury obligation with a maturity similar to the remaining maturity of this Note and (b) the principal amount 10 be prepaid. and (cl the number of years, InclUding fractional years, rrom the prepayment date to the maturity date 01 this Note. The yield on any U. S. Treasury obligation shall be determined by reference to Federal Reserve Statistical Release H.15(519) "Selecled Interest Rates". For purposes of making present velue calculations, the yield 10 maturity 01 a similar maturity U. S. Treasury obligation on the prepayment date shall be deemed Ihe discount rate. The Cost of Prepayment shall also apply to any payments made after acceleration of IlIe maturlty 01 thIs Note. Except for the foregOing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Sorrower making fewer payments. LATE CHARGE. If a payment is 15 days or more late, Sorrower will be charged 5.000% 01 the unpaid portion of the regularly schedUled payment or $100.00. whlcnever Is less. DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower falls to make any payment when dUe. (b) Sorrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to pertorm when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or lean Borrower has with Lender. (c) Borrower 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 matenally affect any of Borrower's property or Sorrower's ability to repay this Note or perform Borrower's Obligations under this Note or any 01 the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower dies or becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment far the benefit of creditors. or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tries to take any ot Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrowers accounts with Lender. (9) Any of the events described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or pertarmance of the Indebtedness is impaired. LENOER'S RIGHTS. Upon detault. Lender may, aller giving such notices as required by applicable iaw, declare the entire unpaid principal balance on thIS Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon default, including tailure to pay upon flnal maturity, Lender, at its option, may also, if permitted under applicable law, increase the interest rate on this Note 5.000 percentage points. The in~erest rate will no~ exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help coUect this Note if Borrower does not pay. Borrower .Iso will pay Lender Ihat amount. This includes. SUbject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacale any automatic stay or Injunclion), appeaJs, and any anticipated post-judgment collection services. If not prohibited by applicable iaw, Borrower also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Nole aller jUdgment at the existing interest rate proVided for in this Nola. This NOfe has been delivered to Lender and accepled by Lender In the Commonwealth of Pennsylvenla. If Ihere Is a lawSUit, Borrower agrees upon Lender's request to submit to Ihe Jurisdiction 01 the courts of CUMBERLANO County, the Commonwealth of Pennaylvanla. Lender end Borrower hereby welve Ihe rlgnt to any jury trial In any action, proceeding. or counlerclalm brought by either Lender or Borrower against the other. This Nole shall be governed by and construed In accordance with the laws of the Commonwealth 01 Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a oontractual security Interest in, and hereby assigns, conveys. dellve~. pledges. and transfers to Lender all Borrower's right, title and interest in arid to. Borrower's accounts with Lender (whether checking, saVings, or some other account), Including without limitation all accounts held jointly with someone else and all accounts Borrowsr may open In the future. excluding however all IRA and Keogh accounts. and all trust accounts for which the grant of a security Interest would be prohibited by Jaw. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by a Mortgage dated September 14, 2000. to Lender on reaJ property iocated in CUMBERLAND County, Commonwealth of PennsylVania. all the terms and conditions of which are hereby incorporated and made a part of this Note. FINANCIAL INFORMATION PROVISION. Borrower agrees to deliver any financial and other business information concerning Sorrower that Lender may request from time to time. such as annual and in~ertm financial st,atE)ments (all of which shall be prepared in accordance with generally accepted accounting pnnclplesl and federal income tax returns. Lf...J"M o.;l'l 09-14-2000 Loan !'Io PROMISSORY NOTE (Continued) Page 2 YEAR ZOOO COMPLIANCE. Borrower has reviewed the areas within its business and operations which could be aversely affected by, and has developed or is developing a program to address on a timely basis the risk that certain computer applications used by Borrower may be unable to recognize and periorm properly date-sensitive tunctions involving dates prior to and atter December 31. 1999 (the "Year 2000 Problemj. The Year 2000 Problem will not result, and is not reasonably expected to result, in any material adverse effect on the business, properttes. assets, financial condition, results at operations or prospects of Borrower, or the ability of Borrower to duly and punctually payor perform its obligations hereunder and under the Related Documents. AUTHORIZATIONS. Borrower agrees that all powers of attorney or authorizations granted to Lender by Borrower under the terms of this agreement are irrevocable and that Lender may exercise the authorizations solely for Lendar's benefit and not for Sorrower's benefit. Borrower a.cknowledges and agrees that the provisions of Title 20, Pennsyivania Consolidated Statutes, Section 5601 et seQ, (specifically including Act 39 of 1999) shall not be applicable 10 any such authorization. ADOITIONAL PROVISION. This Note Is Issuad pursuant to a Letter Agreement dated August 24, 2000, and the other documents referred to therein, the terms of which are incorporated herein by reference. ADDITIONAL PRINCIPAL PAYMENTS. Notwithstanding anything contained herein to lhe contral'f, Borrower may prepay lhis Note, without penalty, from internally generated funds at an addlhonal $6000.00 per year. Any prepayment arising auf at or relating to the refinance of indebladness with another financial institution shall be deemed a prepayment and will be subject to the prepayment penalty stated above. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Nole without losing them. Borrower and any other person who signs, guarantees or endorses this Nota, to the extent allowed by law, waive presentment, demand tor payment, protest and notice at dishonor. Upon any change in lhe 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, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length at time) this laan, or release any party or guarantor or cot/ateral; 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 at or notice to anyone. All such parties also agree that Lander 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 saveral. If any portion of this Note is lor any raason determined to be unenforceable, it will not affect lhe enforceablilty of any other provisions at 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, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THiS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS. 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 ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY: AND FOR SO DOING, THIS NOTE OR A COpy OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORilY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAiNST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORllY, BUT SHALL CONTlNUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTiCE AND/OR HEARiNG REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT. AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFiCALLY CALLED THIS CONFESSION OF JUDGMENT PROViSION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY iNDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ ANO UNDERSTOOD All THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BElOW. EACH BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COpy OF THE NOTE. ANO SEAlED BY THE UNDERSIGNED. x' -1./#.. . ./ "'(SEAl} KI~ BORROWER: x NOTICE TO COSIGNER You re Ing .sked to guarantee this debt. Think carefully before you do. "the borrower doesn't pay the debt, you will have 10. Be sure you c .tlord to pay If you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of Ihe debt If the borrower does not pay. You may atso have to pay late fees or collection costs, whiCh Increase this amount. The lender can collect this debt from you wtthout first trying to collect from the borrower, The lender can use the same collection methods ag.inst you that c.n be used ag.lnst the borrower, such as suing you, garnishing your wages, etc. If this debt Is ever In def,ull, th.t f.ct m.y become. part of YOUR credit record. Thts nollce Is not the contr.ct th.t makes you liable tor the debt. FlX$a ~;I,te. 6illloon. LASER PAO. Aeg. u.S. Pal. &. T.M. Off.. Vet. 3.29a {C)COncenlrex 2000 All rIghts reserved.IPA.020 E3.29 CAP1.J.N C29.0VI..J FORBEARANCE AGREEMENT TillS AGREEMENT is made as of September 25, 2003, by and among LANDIS, INC. (the "Company") and STEVEN J. CAPUANO and KIMBERLY L. CAPUANO Gointly and severally, the "Capuanos"), and PNC BANK, NATIONAL ASSOCIATION ("Bank"), with the acknowledgment and consent of JOSEPH V. CAPUANO and NANCY P. CAPUANO. Recitals R-I. The Company and the Capuanos are referred to in this Agreement jointly and severally as the "Obligors". The Obligors have executed and delivered to the Bank (or a predecessor which is now known by the Bank's name as set forth above), one or more promissory notes, letter agreements, loan agreements, security agreements, mortgages, pledge agreements, collateral assignments, guaranty agreements, and other agreements, instruments, certificates and documents, some or all of which are more fully described on attached Exhibit "A", which is made a part of this Agreement (collectively, as amended, supplemented and/or restated from time to time, and whether Of not specifically described in Exhibit "A", the "Loan Documents"), which evidence or secure some or all of the Obligors' obligations to the Bank for one or more loans or other extensions of credit, or other direct or indirect indebtedness to the Bank, including specifically without limiting the general nature and effect of this provision the loans and line of credit described in Section I of this Agreement and in Exhibit "A" to this Agreement (collectively, the "Obligations"), the collateral and security for which (collectively, the "Collateral") is more particularly described in the Loan Documents. R-2. The Obligors are in default of their obligations under the Loan Documents for failure to comply with certain material covenants and agreements contained therein. 1 E'f-hl b) (~', R-3. The Obligors have requested Bank to forbear from exercising its rights and remedies against the Obligors and the Collateral and their respective other property, and to provide the Obligors with additional time to pay the Obligations while the Obligors continue to make regular, scheduled payments of the Obligations. R-4. Bank has agreed to the Obligors' requests, subject to the provisions of this Agreement Atp'eement NOW THEREFORE, in consideration of the foregoing Recitals, which are an integral part of this Agreement, and of the agreements hereinafter set forth, and intending to be legally bound, the Obligors and Bank agree as follows: l.a. The principal amount outstanding under the Line of Credit (as defined in Exhibit "A") as of the date hereof is $579,930.83. The availability of advances under the Line of Credit has been, and is hereby, terminated, and the Company shall not be entitled to receive, and the Bank shall not be obligated to make, any additional advances under the Line of Credit. The interest rate payable on the principal amount outstanding at any time under the Line of Credit shall be a rate of interest per annum at all times equal to six percent (6%) over the Index (as defined in the Promissory Note for the Line of Credit). The Company shall make monthly payments of principal and interest on the Line of Credit in the amount of $5,578.89 on the date of each month as provided in the Promissory Note for the Line of Credit. 2 b. The principal amount outstanding under the $306,500 Loan (as defined in Exhibit "A") as of the date hereof is $1,462.71. The Company shall make payment in full of the $306,500 Loan on October 4, 2003. c. The principal amount outstanding under the $120,000 Loan (as defined in Exhibit "A") as of the date hereof is $107,427.75. The interest rate payable on the principal amount of the $120,000 Loan outstanding at any time shall be thirteen percent (13%) per annum. The Company shall make monthly payments of principal and interest on the $120,000 Loan in the amount of $1,246.82 on the date of each month as provided in the Promissory Note for the $120,000 Loan. d. The principal amount outstanding under the $88,000 Loan (as defined in Exhibit "A") as of the date hereof is $13,918.45. The interest rate payable on the principal amount of the $88,000 Loan outstanidng at any time shall be thirteen percent (13%) per annum. The Company shall make monthly payments of principal and interest on the $88,000 Loan in the amount of $1,785.41 on the date of each month as provided in the Promissory Note for the $88,000 Loan. e. The principal amount outstanding under the Capuano Loan (as defined in Exhibit" A") as of the date hereof is $112,898.21. The interest rate payable on the principal amount of the Capuano Loan outstanding at any time shall be fourteen percent (14%) per annum. The Capuanos shall make monthly payments of principal and interest on the Capuano Loan in the amount of $1,393.66 on the date of each month as provided in the Promissory Note for the Capuano Loan. f. On April 1, 2004, the entire outstanding amount of the Obligations, including all of the outstanding principal, all of the accrued and unpaid interest, all of the 3 prepayment charges that are payable under the Promissory Notes for the $88,000 Loan, the $120,000 Loan and the Capuano Loan as a result of prepayment of the principal amount outstanding thereunder prior to the maturity dates of such Loans as provided in such Promissory Notes, and any and all other sums due or payable under or in connection with the Obligations and/or the Loan Documents, shall be due and payable in full, without notice or demand, or setoff, counterclaim or deduction of any nature. 2. Simultaneously with execution of this Agreement, the Obligors shall (a) pay to Bank a non-refundable forbearance fee of $4,350.00, which the Obligors acknowledge and agree has been fully earned by Bank, (b) reimburse the Bank for $190.00 paid by the Bank for lien searches with respect to the Company's and Capuanos' real and personal property, and (c) payor reimburse Bank for the fees and costs of the Bank's attorneys incurred or paid by Bank as a result of the Obligors' defaults of their obligations to Bank, including without limitation for the preparation, negotiation and implementation of this Agreement. 3. The Obligors shall cooperate with the Bank in obtaining any appraisals or environmental assessments or investigations, including without limitation providing access to the Collateral by the Bank and its employees, agents and representatives and providing interviews with the Bank and its employees, agents and representatives, and shall: a. Immediately upon demand therefor, payor reimburse the Bank for the appraisals that will be obtained by Bank with respect to the Collateral; b. Immediately upon demand therefor, payor reimburse the Bank for any environmental assessments or investigations obtained by the Bank with respect to any of the Collateral. 4 4. Simultaneously with execution of this Agreement, as additional collateral and security for the Obligations (which shall also be included in the definition of "Collateral" as provided in this Agreement), the Obligors shall deliver to the Bank all titles to all of the Company's vehicles that were not encumbered by other creditors as of August 22, 2003, and such completed and signed documentation as may be necessary or incidental for the Bank's encumbrance to be noted on all such vehicle titles. 5. Simultaneously with execution of this Agreement, as additional collateral and security for the Obligations (which shall also be included in the definition of "Collateral" as provided in this Agreement) the Capuanos shall execute and deliver to the Bank, in recordable form, the Bank's formes) of mortgages to be recorded as liens against the real property occupied by the Company and identified as the tax parcel nos. 40-31-2187-052,40-31-2187-053 and 40-31- 2187-053A, Woodcraft Drive, Mt. Holly Springs, and against the Capuanos' residence known as 1229 Blossom Terrance, in Monroe Township, Cumberland County (tax parcel no. 22-12-0348- 182). 6. The Company shall close its deposit account currently maintained with the Bank by October 31, 2003. If the Company does not close its deposit account by that time, the Bank shall have the right to close the account without notice to the Company. 7. If the Capuanos do not close any such deposit account, the Bank shall have the right to close any such deposit account without notice to the Capuanos or either of them. The Caupanos shall immediately close any deposit account currently maintained with the Bank by either or both of them. In addition, the Capuanos hereby authorize the Bank to, and the Bank shall have the right to and shall, terminate and close the unsecured consumer line of credit made available by the Bank to the Capuanos or either of them. 5 8. Bank agrees, without waiving any existing default of the Obligors or any declaration of any existing default of the Obligors, or any demand for payment of all or any part of the Obligors' indebtedness to Bank, or any acceleration of the Obligors' indebtedness to Bank, or any of Bank's rights or remedies against the Obligors or the Collateral or the Obligors' respective other property, to forbear from proceeding against the Obligors and the Collateral and the Obligors' respective other property until the occurrence of a default of any of the Obligors' obligations to Bank under this Agreement, on or after the date of this Agreement. However, notwithstanding the preceding sentence, the Company's failure to comply with the Tangible Net Worth covenant and the Debt Service Coverage Ratio covenant contained in any of the Loan Documents shall not constitute default under this Agreement. 9.a. The Obligors hereby reaffirm, affirm, ratify and confirm the Obligors' absolute and unconditional liability to make all payments and to observe and perform all of the duties, obligations and other agreements of the Obligors under or in connection with the Obligations and the Loan Documents, subject only to any express modification contained in this Agreement. Except as expressly set forth herein, nothing contained in this Agreement releases, limits, or otherwise affects in any way or at any time the liability of any of the Obligors for or with respect to any of the Obligors' obligations and agreements under or in connection with the Obligations or the Loan Documents. This Agreement does not evidence or represent in any way new indebtedness or satisfaction of any of the Obligations. All provisions of the Loan Documents remain in full force and effect, enforceable by the Bank in accordance with the provisions of each of them, except as expressly modified hereby, including without limitation any provisions for confession of judgment, waiver of the right to trial 6 by jury or venue or forum selection contained in any of the Loan Documents. Nothing contained in this Agreement waives or should be construed as a waiver of any of the Bank's rights and remedies under the Loan Documents, or at law or in equity. b. The Obligors hereby acknowledge, agree and affirm that (i) the Obligors are absolutely and unconditionally liable to the Bank under any guaranty agreement executed in favor of the Bank by any of the Obligors (each, a "Guaranty"), which Guaranty is a guarantee of payment, and not merely collectibility, of the Obligations under the Loan Documents, (ii) the Obligors' liability to the Bank under any such Guaranty and with respect to the Obligations and the Loan Documents is primary and direct, and (iii) the Obligors have no defenses, setoffs or other claims with respect to the Obligations or the Loan Documents or any such Guaranty. c. All of the provisions of the Loan Documents, as modified hereby, are incorporated herein by reference and made a part hereof as if set forth in full herein, and all of the provisions of this Agreement are incorporated into the Loan Documents and made a part thereof as if set forth in full therein. The provisions of this Agreement are and will be deemed to be supplemental to, and not in derogation of, the provisions of the Loan Documents, whenever possible. However, if there is any conflict or inconsistency between or among the provisions of the Loan Documents, and this Agreement, the provision(s) determined by Bank in its sole discretion to be applicable will govern and control the resolution of any such conflict or inconsistency, and the Obligors agree to be bound by Bank's determination. 7 10. Bank's agreements contained herein are conditioned upon and subject to the following representations, warranties, covenants and agreements of the Obligors: a. None of the Collateral has been or will at any time be used in any manner so as to cause any contamination of the environment or any environmentally threatening condition in violation of, or which may require remediation under, any applicable law, regulation, rule, ordinance, requirement, restriction, covenant, order or decree. b. None of the Collateral has been or will at any time be used in violation of any law, regulation, ordinance, requirement, restriction, covenant, order or decree which may result in forfeiture of any of the Collateral. c. The Company is not entitled to and shall not make, and none of the Obligors are entitled to or shall receive, any payment of any debt or obligation owed by the Company to any of the Obligors, except payments of rent for the Company's occupancy of the business premises. The Company shall not make any payment of any Subordinated Debt as defined and otherwise provided in the Subordination Agreement dated July 6, 2001, among Joseph V. Capuano, the Company and the Bank. The Company shall not pay any dividend or make any other distribution on the Company's stock except in compliance with the Loan Documents. d. The Obligors shall furnish or cause to be furnished to the Bank, not later than forty- five (45) days after the end of each of the Company's fiscal quarters, financial statements for each such quarter, including detailed schedules of accounts receivable aging and accounts payable aging, all in form and content satisfactory to the Bank. In addition, the Obligors will furnish or cause to be furnished to the Bank such information and statements, lists of assets and liabilities, inventory schedules, 8 budgets, forecasts, tax returns, and other reports with respect to the Company and the Company's business operations, and with respect to the Capuanos' financial condition, as Bank may request from time to time. e. In addition to all liens upon and rights of setoff against the money, securities or other property of any of the Obligors given to the Bank by law, the Bank shall have, with respect to the Obligors' obligations to the Bank under the Loan Documents and this Agreement and to the extent permitted by law, a contractual possessory security interest in and a contractua1 right of setoff against, and the Obligors' hereby assign, convey, deliver, pledge and transfer to the Bank all of the Obligors' right, title and interest in and to, all deposits, moneys, securities and other property of any of the Obligors now or hereafter in the possession of or on deposit with, or in transit to, the Bank whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts to the extent excluded by law. Every such security interest and right of setoff may be exercised without demand upon or notice to such of the Obligors. Every such right of setoff shall be deemed to have been exercised hereunder without any action of the Bank, although the Bank may enter such setoff on its books and records at a later time. 11. The occurrence of anyone or more of the following IS a default under this Agreement: a. The Obligors' failure to make any payment required under the provisions of any of the Loan Documents or this Agreement on or before the due date, on or after the date of this Agreement; 9 b. The Obligors' failure to observe or perform each and every one of the provisions on the Obligors' part to be observed or performed under this Agreement, or under any of the Loan Documents (except with respect to compliance with the financial covenants as provided in Section 8), on or after the date of this Agreement; c. If any representation, warranty, or financial statement or presentation of any of the Obligors at any time made to Bank in connection with the Obligations is determined by Bank to be materially incorrect or misleading, including without limitation any financial statements provided by any of the Obligors to Bank in accordance with the Loan Documents or this Agreement. 12. Upon the occurrence of any default, Bank may immediately and without notice or demand (a) at its option, increase each interest rate payable on the Obligations as provided in this Agreement by five percent (5%), and (b) exercise or proceed to enforce any or all of the rights or remedies available to Bank at law or in equity or under this Agreement, the Loan Documents, or some, any or aU of them. Bank may exercise or proceed to enforce Bank's rights and remedies independently or cumulatively, concurrently or successively, against the Obligors, or the Collateral, or any other property of the Obligors, in connection with all of the Obligations, at any time or times and in any order as Bank may elect Failure of Bank to exercise any right or remedy as provided herein at any time will not constitute a waiver of any such remedy or preclude the Bank from the subsequent exercise of any such remedy. 13. The Obligors each agrees that a default under any of the Loan Documents, this Agreement, or under any other agreement or document evidencing or securing any other indebtedness or obligation of any of the Obligors to Bank, on or after the date of this Agreement, is a default under all of the Loan Documents, this Agreement and all such other agreements and ~o documents. The Obligors each agrees that all of the Collateral is intended to be and is collateral and security for the entire amount of the Obligations, whether or not any particular Collateral is specifically identified as Collateral for any particular Obligations in the Loan Documents, and that all of the Collateral is intended to and will continue as collateral and security for the entire amount of the Obligations until all of the Obligations are paid in full, notwithstanding payment in full of the $88,000 Loan, the $306,500 Loan, the $120,000 Loan, the Line of Credit and/or the Capuano Loan before payment in full of all of the Obligations, and the Obligors hereby confirm and reaffirm the Bank's security interest, and hereby grant to the Bank a security interest, in and to all of the Collateral. The Obligors agree that all of the provisions of all of the Loan Documents, as modified by this Agreement, will remain in full and force and effect and be and remain applicable to all of the outstanding Obligations until all of the Obligations are paid in full, notwithstanding payment in full of the $88,000 Loan, the $306,500 Loan, the $120,000 Loan, the Line of Credit and/or the Capuano Loan before payment in full of all of the Obligations. 14. The Obligors, for themselves and any person or entity claiming by, through, from or under any of them, including without limitation their respective heirs, personal representatives, predecessors, successors and assigns, and their respective parent corporations, subsidiaries and affiliates, and the stockholders, directors, officers, employees, agents and attorneys of any of them, hereby release and agree to indemnify, defend and hold harmless Bank, its predecessors, successors and assigns, and its and their respective parent corporations, subsidiaries and affiliates, and the stockholders, directors, officers, employees, agents and attorneys of any of them (collectively, the "Indemnified Parties") harmless for, against and from any and all liability of any nature whatsoever, including without limitation any demands, claims, suits, proceedings or actions of any nature whatsoever, and any damages, losses, costs, expenses and fees (including attorneys' fees) or other II liabilities of any nature whatsoever, arising at any time before, on or after the date of this Agreement as a result of or in connection with any actions or inactions of any of the Indemnified Parties, whether intentional or negligent, which occurred on or prior to the date of this Agreement. This provision will survive any expiration or termination of this Agreement, whether by payment in full of the Obligations and all other sums due under or in connection therewith, or otherwise. 15. The Obligors will execute and/or deliver to Bank such additional documents, agreements or materials, or will take such further action, as Bank may reasonably request at any time and from time to time to give effect to the purposes or provisions of this Agreement. 16. All documents, agreements and materials of any nature whatsoever required at any time to be executed or delivered to Bank in connection with any of the obligations of the Obligors to Bank under this Agreement will be in form and substance satisfactory to Bank in Bank's sole discretion. 17. No modification of any provision of this Agreement shall be effective unless in writing and signed by all of the parties. 18. If at any time or times Bank believes it to be necessary or desirable to refer any aspect of the administration of this Agreement, or the enforcement of any provision of this Agreement, to any attomey, the Obligors will be liable to payor reimburse Bank for all reasonable attorneys' fees and costs incurred or paid by Bank as a result of such referral, which fees and costs will be due when incurred and payable immediately upon demand therefor. 19. Time is of the essence of the Obligors' obligations under this Agreement. 20. The provisions of this Agreement are severable and the invalidity or unenforceability of any provision will not affect or impair the remaining provisions, which shall remain in full force and effect. :t:2 21. This Agreement shaH be interpreted and construed under the laws of the Commonwealth of Pennsylvania The Obligors shall only bring an action in, and the Obligors otherwise consent to the jurisdiction of, the Court of Common Pleas of Cumberland County, Pennsylvania, and the United States District Court for the Middle District of Pennsylvania, over all matters arising from or related to the Loan Documents and/or this Agreement. The Obligors and the Bank agree that any dispute or controversy between or among the Obligors or any of them and Bank would not lend itself to resolution or determination in trial by jury. Therefore, the Obligors and Bank each hereby voluntarily, knowingly and understandingly waives the right to trial by jury in any action or proceeding with respect to any dispute or controversy which may arise between or among them under or in connection with the Obligations, the Loan Documents or this Agreement and the subject matter of this Agreement. 22. This Agreement shall inure to the benefit of Bank, its successors and assigns, and all obligations of the Company and the Capuanos shall bind all of the Obligors and their respective heirs, personal representatives, successors and assigns. 23. The Obligors each acknowledges and agrees that each of the Obligors has had the opportunity to consult with an attorney or attorneys prior to execution of this Agreement, and the Obligors have consulted with an attorney or attorneys, or have waived and hereby acknowledge the waiver of the opportunity to do so, and the Obligors have executed this Agreement voluntarily, knowingly and understandingly. 24. The Obligors hereby voluntarily, inteUigently and knowingly empower the Prothonotary or any attorney of any court of record to appear for the Obligors and to confess judgment for all amounts due or payable under this Agreement, with or without filing a complaint, including without limitation the entire balance of principal due or payable, late 13 charges, interest, expenses and fees, costs of suit and attorneys' fees equal to ten percent (10%) oCthe total of all such amounts, and the Obligors hereby release all errors or defects in any such action and the entry of any such judgment, and waive all laws exempting real or personal property from execution. 25. This Agreement may be executed in any number of counterparts, which will constitute one and the same Agreement. The Obligors each agrees that Bank is entitled to rely on a facsimile transmission of this Agreement containing the signatures of any of the Obligors and executed notary acknowledgements for the Obligors. However, the Obligors further agree to send the Bank the originally signed and notarized Agreement by nationally recognized overnight courier service on the date on which the facsimile transmission is sent to Ban1e IN WITNESS WHEREOF, the Obligors and Bank have executed this Agreement as of ~VEN J. CAPUANO ~,.~ j ERL L. CAPUANO the date first written above. ATTEST: By: By: PNC BANK, NATIONAL ASSOCIATION By: ~a,- -Q 14 ACKNOWLEDGMENT AND CONSENT The undersigned, JOSEPH V. CAPUANO and NANCY P. CAPUANO, jointly and severally, hereby consent to the execution of this Agreement by LANDIS, INC., and STEVEN J. CAPUANO and KIMBERLY L. CAPUANO, and acknowledge and agree to the terms and conditions of this Agreement, and the undersigned hereby reaffirm, ratify, confirm and agree that all of the provisions of any of the Loan Documents to which either of the undersigned is a party, or both of the undersigned are parties, are unchanged and in full force and effect, enforceable by the Bank as provided therein, or at law or in equity. Without limiting the general nature and effect of the preceding paragraph, the undersigned specifically acknowledge that this Agreement and this Acknowledgment and Consent constitute written notice from the Bank of the occurrence of an Event of Default under the Loan Documents as provided in Section 3 of the Subordination Agreement dated July 6, 2001, among Joseph V. Capuano, the Company and the Bank, and therefore that the Company is no longer entitled to and shall not make, and Joseph V. Capuano is no longer entitled to and shall not receive, payments of the Subordinated Debt as defined and otherwise provided in such Subordination Agreement. WITNESS: By: vvJJ 7 By: By: By: NANCY P. CAPUANO 16 EXIllBIT "A" TO FORBEARANCE AGREEMENT DATED SEPTEMBER 25,2003 The "Loan Documents" that are the subject of this Agreement include, but are not limited to, the following (as any of them have previously been amended, modified or otherwise supplemented or restated): Loan to Landis, Inc., in the original principal amount of S88,000, made as of May 3, 1999; Obligor/Obligation Number 30944824-601138578 (the "S88,000 Loan") Corporate Resolution to Borrow Promissory Note Disclosure for Confession of Judgment Business Loan Agreement Security Agreement (Motor Vehicles) Commercial Security Agreement Commercial Guaranty of Steven J. Capuano Disclosure for Confession of Judgment for Steven J. Capuano Loan to Landis, Inc., in the original principal amount of S306,500, made as of November 26, 1997; Obligor/Obligation Number 30944824-600719907 (the "S306,500 Loan") Corporate Resolution to Borrow Promissory Note Disclosure for Confession of Judgment Business Loan Agreement Commercial Security Agreement Power of Attorney Commercial Guaranty of Steven J. Capuano and Kimberly L. Capuano Disclosure for Confession of Judgment for Steven J. Capuano and Kimberly L. Capuano Subordination Agreement of Joseph V. Capuano Loan to Landis, Inc., in the original principal amount of SI20,000, made as of April 26, 1999; Obligor/Obligation Number 3094824-601147466 (the "S120,000 Loan") Corporate Resolution to Borrow Promissory Note Disclosure for Confession of Judgment Business Loan Agreement Commercial Guaranty of Steven 1. Capuano Disclosure for Confession of Judgment for Steven J. Capuano Open-End Mortgage from Joseph V. Capuano and Nancy P. Capuano (Tax parcel no. 40-31-2187-052, Woodcraft Drive, Mt. Holly Springs) 17 Line of Credit to Landis, Inc., in the modified original principal amount of 5580,000, made as of May 25, 1999; Obligor/Obligation Number 30944824-601138518 (the "Line of Credit") Promissory Note in the original principal amount of$ I 25,000 Business Loan Agreement Commercial Security Agreement Commercial Guaranty of Steven J. Capuano Disclosure for Confession of Judgment Amendment to Loan Documents dated July 6, 2001, increasing line of credit amount to $500,000 Subordination Agreement from Joseph C. Capuano dated July 6, 2001 Second Amendment to Loan Documents dated April 30, 2002, increasing line of credit amount to $580,000 Loan to Steven J. Capuano and Kimberly L. Capuano in the original principal amount of $120,000 made as of September 14, 2000; Obligor/Obligation Number 30944834-601549745 (the "Capuano Loan") Promissory Note Disclosures for Confession of Judgment Corporate Resolution to Guarantee Commercial Guaranty of Landis, Inc. Open-End Mortgage (Tax parcel nos. 401-31-2187-053 and 40-31-2187-053A, Woodcraft Drive, Mt. Holly Springs) 18 COMMONWEALTH OF PENNSYLVANIA COUNTY m( ill nl~tll(Ul : SS On the 25'" day of September, 2003, before me personally came STEVEN J. CAPUANO, who being duly sworn, did acknowledge himself to be the President of LANDIS, INe., and that he as such officer, being authorized to do so, executed the foregoing instrument on behalf of said corporation for the purposes therein contained. In testimony whereof, I have hereunto subscribed my name. IN WITNESS WHEREOF, I hereunto set NOTNIW. EM. WENDYS. ~ .w, :elPldll \..ower AllIn Twp" Cl... CalrIIf My CorMlieIb\ EJcplrae Mey 10, 2fXI1 My commission expires: COMMONWE?,TH OF P~NNSYLVA1jJ^. COUNTY oFlLllltt ~tlftjl~ : SS On the 25'" day of September, 2003, before me personally came STEVEN J. CAPUANO and KIMBERLY L. CAPUANO, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and )CknOWledged that they executed the same for ~pmpo=u.rem~lliinoo. 1AJt 1~li Qw-m~) j NOTNIfILEM. waIJn.QCB! IllO. :7~NIc L.lWIIrMln~et~ _Cu..... . -, ...,10. My Commission Expires: COMMON~ OF PENNS.YLV ANIA COUNTY oLLUltl t{ ttLlLL On the 25'" day of September, 2003, before me personally came JOSEPH V. CAPUANO ..aaQ IIL\JIICY P. CM'UA:NO, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. '\ , : SS 1/ 19 My Commission Expires: MODIFICATION AI"ID AMENDMENT OF FORBEARANCE AGREEMENT THIS AGREEMENT is made as of May 4, 2004, by and among PNC BANK, NATIONAL ASSOCIATION ("Bank"), and LANDIS, INC. (the "Company"), and STEVEN J. CAPUANO and I<IMBERL Y L. CAPUANO Oointly and severally, the "Capuanos"), with the acknowledgment and consent of JOSEPH V. CAPUANO. RECITALS R-1. The Company and the Capuanos are referred to in this Agreement jointly and severally as the "'Obligors". The Obligors executed and delivered to the Bank a Forbearance Agreement dated September 25, 2003 (the "Forbearance Agreement"). R-2. The term of the Forbearance Agreement expired. and the indebtedness owed by the Obligors to the Bank as provided in the Forbearance Agreement was due and payable in full, on April I, 2004. R-3. The Obligors have requested the Bank to extend the term of the Forbearance Agreement, to which the Bank has agreed subject to the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the Recitals, which are an integral pan of this Agreement, and of the agreements hereinafter set forth, and intending to be legally bound, the Obligors and the Bank agree as follows: 1. The Obligors' indebtedness and obligations to the Bank (collectively the "Obligations") shall be paid in accordance with the agreements and documents that evidence and secure the Obligations (collectively, the "Loan Documents"), and with the Forbearance Agreement, and with the following provisions: a. The principal amount outstanding under the Line of Credit (as defmed in Exhibit "A") as of the date hereof is $577,908.34. The availability of advances under the Line of Credit has been, and is hereby, terminared, and the Company shall not be entitled to receive, and the Bank shall not be obligated to make, any additional advances under the Line of Credit. The interest rate payable on the principal amount outstanding at any time under the Line of Credit shall be a rate of interest per annum at all times equal to eleven and one- tenths percent (11.10%) over the Index (as defmed in the Promissory Note for the Line of Credit). The Company shall make monthly payments of principal and interest on the Line of Credit in the amount of $7,652.57, which have been calculated according to a 20-year 1 t~A{b) e' amortization schedule, on the date of each month as provided in the Promissory Note for the Line of Credit. Upon the occurrence of any default under this Agreement, at the Bank's option, without notice to the Obligors, the interest rate payable on the Line of Credit may be increased to a rate of interest per annum at all times equal to sixteen percent (16%) over the Index (as defined in the Promissory Note for the Line of Credit). b. The principal amount outstanding under the $120,000 Loan (as defined in Exhibit "A") as of the date hereof is $107,045.99. The interest rate payable on the principal amount of the $120,000 Loan outstanding at any time shall be eighteen and one-tenths percent (18.10%) per annum. The Company shall make monthly payments of principal and interest on the $120,000 Loan in the amount of $1,660.30, which have been calculated according to a 20-year amortization schedule, on the date of each month as provided in the Promissory Note for the $120,000 Loan. Upon the occurrence of any default under this Agreement at the Bank's option, without notice to the Obligors, the interest rate payable on the $120,000 Loan may be increased to twenty percent (20%) per annum, c. The principal amount outstanding under the $88,000 Loan (as defined in Exhibit "A") as of the date hereof is $3,922.43. The interest rate payable on the principal amount of the $88,000 Loan outstanding at any time shall be eighteen and one-tenths percent (18.10%) per annum. The Company shall make monthly payments of principal and interest on the $88,000 Loan in the amount of $1,785.41 on the date of each month as provided in the Promissory Note for the $88,000 Loan. Upon the occurrence of any default under this Agreement at the Bank's option, without notice to the Obligors, the interest rate payable on the $88,000 Loan may be increased to twenty percent (20%) per annum. d. The principal amount outstanding under the Capuano Loan (as defined in Exhibit "A") as of the date hereof is $112,755.66. The interest rate payable on the principal amount of the Capuano Loan outstanding at any time shall be nineteen and one-tenths percent (19.10%) per annum. The Capuanos shall make monthly payments of principal and interest on the Capuano Loan in the amount of $1,836.19, which have been calculated according to a 20-year amortization schedule, on the date of each month as provided in the Promissory Note for the Capuano Loan. Upon the occurrence of any default under this Agreement at the Bank's option, ",;thout notice to the Obligors, the interest rate payable on the Capuano Loan may be increased to twenty percent (20%) per annum. e. On June 3, 2004, the entire outstanding amount of the $88,000 Loan, and on August 1, 2004, the entire outstanding amount of the other Obligations, including all of the principal, all of the accrued and unpaid interest, all of the prepayment charges that are payable under the Promissory Notes for the $88,000 Loan, the $120,000 Loan and the Capuano Loan as a result of prepayment of the principal amount outstanding thereunder prior to the maturity dates of such Loans as provided in such Promissory Notes, and any and all other sums due or payable under or in connection with the Obligations and/or the Loan Documents, shall be due and payable in full, without notice or demand., or setoff: counterclaim or deduction of any nature. 2 2. Simultaneously with execution of this Agreement, the Obligors shall (a) pay to Bank a non-refundable forbearance fee of$I,907.00, which the Obligors acknowledge and agree has been fully earned by Bank, and (b) payor reimburse Bank for the fees and costs of the Bank's attorneys incurred or paid by Bank as a result of the Obligors' defaults of their obligations to Bank, including without limitation for the preparation, negotiation and implementation of this Agreement. 3. Simultaneously with execution of this Agreement, as additional collateral and security for the Obligations (which shall also be included in the definition of "Collateral" as provided in the Forbearance Agreement), the Obligors shall deliver to the Bank all titles to all of the Company's equipment and vehicles that are not encumbered by other creditors, and such completed and signed documentation as may be necessary or incidental for the Bank's encumbrance to be noted on all such vehicle titles. 4. Simultaneously with execution of this Agreement, as additional collateral and security for the Obligations (which shall also be included in the definition of "Collateral" as provided in the Forbearance Agreement), the Capuanos shall execute and deliver to the Bank, in recordable form, the Bank's form of Mortgage Modification Agreement to be recorded for the purpose of extending the Bank's mortgage lien currently in effect against the real property occupied by the Company and identified as taX parcel nos. 40-31-2187-053 and 40-31-2187-053A, Woodcraft Drive, Mt. Holly Springs, to include taX parcel no. 40-31-2187-052, Woodcraft Drive, Mt. Holly Springs. 5. Bank agrees, without waiving any existing default of the Obligors or any declaration of any existing default of the Obligors, or any demand for payment of all or any part of the Obligors' indebtedness to Bank, or any acceleration of the Obligors' indebtedness to Bank, or any of Bank's rights or remedies against the Obligors or the Collateral (such term as used in this Agreement having the sarne definition as such term has in the Forbearance Agreement) or the Obligors' respective other property, to forbear from proceeding against the Obligors and the Cottateral and the Obligors' respective other property until the occurrence of a default of any of the Obligors' obligations to Bank under this Agreement, on or after the date of this Agreement. However, notwithstanding the preceding sentence, the Company's failure to comply ~th the annual clean-up provision for the Line of Credit and with the Tangible Net Worth covenant and the Debt Service Coverage Ratio covenant contained in any of the Loan Documents shall not constitute default under this Agreement. 6. The Obligors shall furnish or cause to be furnished to the Bank: a. Not later than forty-five (45) days after the end of each of the Company's fiscal quarters, financial statements for each such quarter, including detailed schedules of accounts receivable aging and accounts payable aging, all in form and content satisfactory to the Bank. 3 b. Not later than thirty (30) days after the end of each month, financial statements for each such month, including detailed schedules of accounts receivable aging, all in form and content satisfactory to the Bank. c. Not later than April 30, 2004, a copy of the Capuanos' signed federal income tax return, as filed, including all schedules, statements, forms and attachments. d. In addition, the Obligors will furnish or cause to be furnished to the Bank such information and statements, lists of assets and liabilities, inventory schedules, budgets, forecasts, tax returns, and other reports with respect to the Company and the Company's business operations, and with respect to the Capuanos' flllancial condition, as Bank may request from time to time. 7. a. The Obligors hereby reaffirm, affirm, ratify and confirm the Obligors' absolute and unconditional liability to make all payments and to observe and perform all of the duties, obligations and other agreements of the Obligors under or in connection with the Obligations, the Loan Documents and the Forbearance Agreement, subject only to any express modification contained in this Agreement. Except as expressly set forth herein, nothing contained in this Agreement releases, limits, or otherwise affects in any way or at any time the liability of any of the Obligors for or \\lith respect to any of the Obligors' obligations and agreements under or in connection \\lith the Obligations, the Loan Docli.'11ents or the Forbearance Agreement. This Agreement does not evidence or represent in any way new indebtedness or satisfaction of any of the Obligations. All provisions of the Loan Documents and the Forbearance Agreement remain in full force and effect, enforceable by the Bank in accordance with the provisions of each of them, except as expressly modified hereby, including without limitation any provisions for confession of judgment, waiver of the right to trial by jury or venue or forum selection contained in any of the Loan Documents or the Forbearance Agreement. Nothing contained in this Agreement waives or should be construed as a waiver of any of the Bank's rights and remedies under the Loan Documents or the Forbearance Agreement. or at law or in equity. b. The Obligors hereby acknowledge, agree and affirm that (i) the Obligors are absolutely and unconditionally liable to the Bank under any guaranty agreement executed in favor of the Bank by any of the Obligors (each, a "Guaranty"), which Guaranty is a guarantee of payment, and not merely collectibility. of the Obligations under the Loan Documents and the Forbearance Agreement, (ii) the Obligors' liability to the Bank under any such Guaranty and with respect to the Obligations, the Loan Documents, the Forbearance Agreement and this Agreement is primary and direct, and (iii) the Obligors have no defenses, setoffs or other claims with respect to the Obligations, the Loan Documents, the Forbearance Agreement or this Agreement, or any such Guaranty. c. All of the provisions of the Loan Documents and the Forbearance Agreement, as modified hereby, are incorporated herein by reference and made a part hereof as if set forth in full herein, and all of the provisions of this Agreement are incorporated into 4 the Loan Documents and the Forbearance Agreement and made a part thereof as if set forth in full therein. The provisions of this Agreement are and will be deemed to be supplemental to, and not in derogation of, the provisions of the Loan Documents and the Forbearance Agreement, whenever possible. However, if there is any conflict or inconsistency between or among the provisions of the Loan Documents and/or the Forbearance Agreement, and this Agreement, the provision(s) determined by Bank in its sole discretion to be applicable will govern and control the resolution of any such conflict or inconsistency, and the Obligors agree to be bound by Bank's determination. 8. The occurrence of anyone or more of the following IS a default under this Agreement: a. The Obligors' failure to make any payment required under the provisions of any of the Loan Documents, the Forbearance Agreement or this Agreement on or before the due date, on or after the date of this Agreement; b. The Obligors' failure to observe or perform each and every one of the provisions on the Obligors' part to be observed or performed under this Agreement, or under any of the Loan Documents (except with respect to compliance with the financial covenants as provided in Section 8 and with respect to the annual clean-up provision for the Line of Credit), or the Forbearance Agreement on or after the date of this Agreement; c. If any representation, warranty, or financial statement or presentation of any of the Obligors at any time made to Bank in cOlll1ection with the Obligations is determined by Bank to be materially incorrect or misleading, including without limitation any financial statements provided by any of the Obligors to Bank in accordance with the Loan Documents, the Forbearance Agreement or this Agreement. 9. The Obligors each agrees that a default under any of the Loan Documents, the Forbearance Agreement, this Agreement, or under any other agreement or document evidencing or securing any other indebtedness or obligation of any of the Obligors to Bank, on or after the date of this Agreement, is a default under all of the Loan Documents, the Forbearance Agreement, this Agreement and all such other agreements and documents. The Obligors each agrees that all of the Collateral is intended to be and is collateral and security for the entire amount of the Obligations, whether or not any particular Collateral is specifically identified as Collateral for any particular Obligations in the Loan Documents or the Forbearance Agreement, and that all of the Collateral is intended to and ~ill continue as collateral and security for the entire amount of the Obligations until all of the Obligations are paid in full, notwithstanding payment in full of the $88,000 Loan, the $306,500 Loan, the $120,000 Loan, the Line of Credit andlor the Capuano Loan before payment in full of all of the Obligations, and the Obligors hereby confirm and reaffirm the Bank's security interest, and hereby grant to the Bank a security interest, in and to all of the Collateral. The Obligors agree that all of the provisions of all of the Loan Documents and the Forbearance Agreement, as modified by this Agreement, will remain in full and force and effect and be and remain applicable to all of the outstanding Obligations until all of the Obligations are paid in full, 5 notwithstanding payment in full of the $88,000 Loan, the $306,500 Loan, the $120,000 Loan, the Line of Credit and/or the Capuano Loan before payment in full of all of the Obligations. 10. The Obligors, for themselves and any person or entity claiming by, through, from or under any of them, including without limitation their respective heirs, personal representatives, predecessors, successors and assigns, and their respective parent corporations, subsidiaries and affiliates, and the stockholders, directors, officers, employees, agents and attorneys of any of them, hereby release and agree to indemnify, defend and hold harmless Bank, its predecessors, successors and assigns, and its and their respective parent corporations, subsidiaries and affiliates, and the stockholders, directors, officers, employees, agents and attorneys of any of them (collectively, the "Indemnified Parties") harmless for, against and from any and all liability of any nature whatsoever, including without limitation any demands, claims, suits, proceedings or actions of any nature whatsoever, and any damages, losses, costs, expenses and fees (including attorneys' fees) or other liabilities of any nature whatsoever, arising at any time before, on or after the date of this Agreement as a result of or in cOlll1ection with any actions or inactions of any of the Indemnified Parties, whether intentional or negligent, which occurred on or prior to the date of this Agreement. This provision will survive any expiration or termination of this Agreement, whether by payment in full of the Obligations and all other sums due under or in connection therewith, or otherwise. 11. The Obligors will execute and/or deliver to Bank such additional documents, agreements or materials, or will take such further action, as Bank may reasonably request at any time and from time to time to give effect to the purposes or provisions of this Agreement. 12. All documents, agreements and materials of any nature whatsoever required at any time to be executed or delivered to Bank in cOlll1ection with any of the obligations of the Obligors to Bank under this Agreement will be in form and substance satisfactory to Bank in Bank's sole discretion. 13. No modification of any provision of this Agreement shall be effective unless in writing and signed by all of the parties. 14. If at any time or times Bank believes it to be necessary or desirable to refer any aspect of the administration of this Agreement, or the enforcement of any provision of this Agreement, to any attorney, the Obligors will be liable to payor reimburse Bank for all reasonable attorneys' fees and costs incurred or paid by Bank as a result of such referral, which fees and costs will be due when incurred and payable immediately upon demand therefor. 15. Time is of the essence of the Obligors' obligations under this Agreement. 16. The provisions of this Agreement are severable and the invalidity or unenforceability of any provision will not affect or impair the remaining provisions, which shall remain in full force and effect. 6 17. This Agreement shall be interpreted and construed under the laws of the Commonwealth of Pelll15Ylvania. The Obligors shall only bring an action in, and the Obligors otherwise consent to the jurisdiction of, the Coun of Common Pleas of Cumberland County, Pennsylvania, and the United States District Coun for the Middle District of Pennsylvania, over all matters arising from or related to the Loan Documents, the Forbearance Agreement andlor this Agreement. The Obligors and the Bank agree that any dispute or controversy between or among the Obligors or any of them and Bank would not lend itself to resolution or determination in trial by jury. Therefore, the Obligors and Bank each hereby voluntarily, knowingly and understandingly waives the right to trial by jury in any action or proceeding with respect to any dispute or controversy which may arise between or among them under or in connection with the Obligations, the Loan Documents, the Forbearance Agreement or this Agreement and the subject matter of this Agreement. 18. This Agreement shall inure to the benefit of Bank, its successors and assigns, and all obligations of the Company and the Capuanos shall bind all of the Obligors and their respective heirs, personal representatives, successors and assigns. 19. The Obligors each acknowledges and agrees that each of the Obligors has had the opportunity to consult with an attorney or attorneys prior to execution of this Agreement, and the Obligors have consulted with an attorney or attorneys, or have waived and hereby acknowledge the waiver of the opportunity to do so, and the Obligors have executed this Agreement voluntarily, knowingly and understandingly. 20. This Agreement may be executed in any number of counterparts, which will constitute one and the same Agreement. The Obligors each agrees that Bank is entitled to rely on a facsimile transmission of this Agreement containing the signatures of any of the Obligors and executed nol3I'y acknowledgements for the Obligors. However, the Obligors further agree to send the Bank the originally signed and notarized Agreement by nationally recognized overnight courier service on the date on which the facsimile transmission is sent to Bank. IN WITNESS date first written a REOF, the Obligors and Bank have execut 's Agreement as of the By: 7 o By: By\Yd~J7'A ~ KIMBERLYL~O PNC BANK, NATIONAL ASSOCIATION By: r~ ~' Q . ERIC D. KRIMMEL VICE PRESIDENT 8 .' . ACKNOWLEDGMENT AND CONSENT The undersigned, JOSEPH V. CAPUANO hereby consents to the execution of this Agreement by LANDIS, INC., and STEVEN J. CAPUANO and KIMBERLY L. CAPUANO, and acknowledges and agrees to the terms and conditions of this Agreement, and the undersigned hereby reaffirms, ratifies, confirms and agrees that all of the provisions of any of the Loan Documents to which the undersigned is a party are unchanged and in full force and effect, enforceable by the Bank as provided therein, or at law or in equity. Without limiting the general nature and effect of the preceding paragraph, the undersigned specifically acknowledges that this Agreement and this Acknowledgment and Consent constitute wrinen notice from the Bank of the occurrence of an Event of Default under the Loan Documents as provided in Section 3 of the Subordination Agreement dated July 6, 2001, among Joseph V. Capuano, the Company and the Bank, and therefore that the C0mpany is no longer entitled to and shall not make, and Joseph V. Capuano is no longer entitled to and shall not receive, payments of the Subordinated Debt as defined and otherwise provided in such Subordination Agreement. B By: DA IE: May 4, 2004 9 .' . EXHIBIT "A" TO MODIFICATION AND AMENDMENT OF FORBEARANCE AGREEMENT DATED MAY 4, 2004 The "Loan Documents" that are the subject of this Agreement include, but are not limited to, the following (as any of them have previously been amended, modified or otherwise supplemented or restated): Loan to Landis, Inc., in the original principal amount of $88,000, made as of May 3, 1999; Obligor/Obligation Number 30944824-601138578 (the "$88,000 Loan") Corporate Resolution to Borrow Promissory Note Disclosure for Confession of Judgment Business Loan Agreement Security Agreement (!v:Iotor Vehicles) Commercial Security Agreement Commercial Guaranty of Steven 1. Capuano Disclosure for Confession of Judgment for Steven 1. Capuano Loan to Landis, Inc., in the original principal amount of $120,000, made as of April 26, 1999; Obligor/Obligation Number 3094824-601147466 (the "$120,000 Loan") Corporate Resolution to Borrow Promissory Note Disclosure for Confession of Judgment Business Loan Agreement Commercial Guaranty of Steven J. Capuano Disclosure for Confession of Judgment for Steven J. Capuano Open-End Mortgage from Joseph V. Capuano and Nancy P. CapuallO (Tax parcel no. 40-31-2187-052, Woodcraft Drive, Mt Holly Springs) Line of Credit to Landis, Ine., in the modified original principal amount of $580,000, made as of May 25,1999; Obligor/Obligation Number 30944824-601138518 (the "Line oCCredit") Promissory Note in the original principal amount of$125,000 Business Loan Agreement Commercial Security Agreement Commercial Guaranty of Steven J. Capuano Disclosure for Confession of Judgment 10 , . ~. -...... , . Amendment to Loan Documents dated July 6, 2001, increasing line of credit amount to $500,000 . Subordination Agreement from Joseph C. Capuano dated July 6, 2001 Second Amendment to Loan Documents dated April 30, 2002, increasing line of credit amount to $580,000 Loan to Steven J. Capuano and Kimberly L. Capuano in the original principal amount of $120,000 made as of September 14, 2000; Obligor/Obligation Number 30944834-601549745 (the "Capuano Loan") Promissory Note Disclosures for Confession of Judgment Corporate Resolution to Guarantee Commercial Guaranty of Landis, Inc. Open-End Mortgage (Tax parcel nos. 401-31-2187-053 and 40-31-21 87-053A, Woodcraft Drive, Mt. Holly Springs) 11 PNC BANK, NATIONAL ASSOCIATION 4242 Carlisle Pike Camp Hill, PA 17011 . ., .E-mail: eric.krimmel@nncbank.com Eric D. Krimmel Vice President (717) 730-2492 Tel (717) 730-2373 Fax o PNCBAN<. . Via RelZUlar and Certified Mail August 9, 2004 Steven J. Capuano, President Landis, Inc. Woodcraft Drive P.O. Box 196 Mt. Holly Springs, PA 17065 Mr. Steven J. Capuano Mrs. Kimberly L. Capuano 1229 Blossom Terrace Boiling Springs, PA 17007 In re: Landis, Inc. Obligor/Obligation Nos.: 30944824-601138518 ($580,000 Line of Credit Loan) 30944824-601147466 ($120,000 Loan) Steven J. and Kimberly L. Capuano Obligor/Obligation Nos.: 30944834-601549745 (SI20,000 Loan) Dear Landis, Inc.: Dear Mr. and Mrs. Capuano: As you know, you are obligated to PNC Bank, National Association ("PNC") for the above-referenced loan accounts (the "Loans"), as evidenced by certain Promissory NOles, Commercial Guaranties, a Forbearance Agreement, and other related loan documents (the "Loan Documents"). As you also know, you are in default under the Loans and Loan Documents for your failure to payoff the above- referenced loan accounts on August 1,2004. As a result of this Event of Default, all liabilities and obligations under the Loans and Loan Documents have been accelerated and all liabilities and obligations under the Loans and Loan Documents are immediately due and payable to PNC. In addition, pursuant to the terms of the Loan Documents you are hereby notified, that effective this date, PNC has exercised its right to increase the interest rates on the Loans to the default rates as follows: Existing Interest Rate Default Rate Landis. Inc. 30944824-601138518 30944824-601147466 PNC Bank's prime rate + 11.10 18.10% PNC Bank's prime rate + 16.00% 20.00% Steven J. and Kimberlv L. Canuano 30944834-601549745 19.10% 20.00% A mtmMr of The PNC Financial Services Group 4242 Carlisle Pike Camp Hill Pennsylvania 17011 &h,btf ufjl! Steven]. Capuano, President Landis, Inc. .' . August 9, 2004 Page 2 Please be advised that unless payment in full is immediately delivered to PNC Bank, National Association at 4242 Carlisle Pike, Camp Hill, PA 17011, in the form of a cashiers check or money order, PNC may take all action it deems appropriate to collect the above sums due and owing, preserve, protect and enforce its rights under the Loans and Loan Documents. This letter shall not be deemed to constitute a waiver of any outstanding defaults or Events of Default, nor shall it obligate PNC, or be constnJed to require PNC, to waive any defaults, whether now existing or which may occur after the date oftbis letter, nor shal1 it limit PNC's rights to exercise all of its rights and remedies under the Loan Documents with you, including any notes, security agreements or other loan documents executed in connection therewith, all of which rights PNC expressly reserves. v cry truly yours, PNC BaDk, National Association ~Q~ Eric D. Krimmel Vice President Cenified Mail Nos.: 7002 0460 0000 9754 8954 7002 0460 0000 9754 8961 cc: Geoffi'ey S. Shuff; Esquire / DISCLOSURE FOR CONFESSION OF ",uOGMENT MiigiiiRJ'ID!;iPAAMUi ..... W.]toan&oli:ti!K? WW@$12IfQOO;oo?fi @i i~1~a@ References in the shaded area are for ~ender's use only and do not limit the applicabili of this document to an Borrower: STEVEN J. CAPUANO (SSN: 168-48-2821) KIMI3ERLY L. CAPUANO (SSN: 16&-<;4-0148) 1229 BLOSSOM TERRACE BOI~ING SPRINGS, PA 17007 Lender: PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001-8874 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS J~ DAY OF 6E?Pi€:'rnt3e1C. ME TO REPAY THAT AMOUNT. . 20 00. A PROMISSORY NOTE FOR $120,000.00 OBLIGATING A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, 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 NOTE, I AM KNOWINGLY, INTB..L.IGENTtY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO ~ENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. 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 NOTE ALSO CONTAINS ~ANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, ~EVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, ~ENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE ~AW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, 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, INTB..L.IGENTtY AND VO~UNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE ST ATE AND FEDERAL ~A W. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: 1HfTIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNsa IN CONNECTION WITH THE NOTE. ~ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO \ MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNE T; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. LAS PAO. Fl g. U.S. Pat. &. r.M. Off., Ver. 3.29 (el Cancanlr,X' 2000 AU rIghts renrved.!PA..030 CAP1.LN C29.0VLI (SEAL) lXhl bl ( ~11 DISCLOSuRE FOR CONFESSION OF ..h..&JGMENT iiliff'iIIaWliif' Borrower: STEVEN J. CAPUANO (SSN: 168-48-2821) KIMBERLY L. CAPUANO (SSN: 16&-6~148) 1229 BLOSSOM TERRACE BOILING SPRINGS, PA 17007 Lender: PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001-3874 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS /C.ftJ, DAY OF ~<;~p-rlZlnt?EJ2 ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, 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 NOTE, I AM KNOWINGLY. INT8.1IGENTl..Y, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. ,2JJ.t;Q, A PROMISSORY NOTE FOR $120,000.00 OBLIGATING B. I FURTHER UNDERSTAND THAT iN ADOITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION iN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENOER, AFTER ENTRY OF JUDGMENT, 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. HOWEVER, LENDER MUST PROViDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, 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, INT8.1IGENTl..Y AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAl LAW. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT lEGAL COUNSEL IN CONNECTION WITH THE NOTE. ~ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I iNITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. :F~~~:tft"%';:xniWX:~:;Vi KIMB Y l. CAPUA ... "-'':;'';;' .. . . :':.;:.,:.;.:::.:.:;:;.;::.:;.<::., "''1.'','1.'''1.'/;,/ (SEALI LASER ~AO. Reg. U.S. P~t. " T.M. Oft., V~r. 3.29(C)Concenlrex 2000 All rig/"llsreserved. {FtA-030 CAP' .l..N C29.0VLJ , . . PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. STEVEN J. CAPUANO and KIMBERLY L. CAPUANO, Defendants : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW VERIFICATION I, Eric Krimmel, Vice President, for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Date: l:LfiJ,'L(O'i By: (>L'-Q Eric Krimmel Vice President ~ ~ ~ Qj 7d () \17- 7'~ -- - ~~ -.() '/-J "00- - ~ r -<<+. - -0 V'1 \J ~ -F (') c: ~'" ' . . .. . !~ ~'~ :Z _ot"'r' 1 :_;,1Y ~ (2.9 -1'.-'\ p:. ~:; C1 ~ ::5 r<' _ __I 7'" rV :~ dJ PNC BANK, NATIONAL ASSOClA TlON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0 S'" - .5s C'f.>i.L 't-&~ STEVEN J. CAPUANO and KIMBERLY 1. CAPUANO, Defendants : CONFESSION OF mDGMENT : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance on behalf of Plaintiff, PNC Bank, National Association. Papers may be served at the address set forth below. Geoffrey S. Shuff, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Respectful! y submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: / 1-11-0 t( . By: ~ ~/ ":;:U-. "'-'.L' ' ,:,\:';\'.' -::;>, \'\ ~ ~ ",' c;... ~ I s:- 9,. ~-<'o "'<;:D -::;;q <~q\ ::':-",'\ aD /~ r(\ q ~~ ;9. ~ ~ :.- -- .' - PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. STEVEN 1. CAPUANO and KIMBERLY 1. CAPUANO, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. DS - SS; c.;uL~'EI2-~ : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants, Steven 1. Capuano and Kimberly 1. Capuano, in the above-captioned action are not presently on active or nonactive military status. Date: J). /1/J -0'( Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY By: (') S'~ -;,o'~ ---- ....., "'" C~ ,:,.01 '- ~ I ;;.- :P" ::1!:. - - ~ .-1 X,"" "hi =By 0,0 ~-~1 ~:~ (~ ;s')rn ::-..\ 'V' ~~ !'> OJ - v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. OS - .5S clu~L'!-~ PNC BANK, NATIONAL ASSOCIATION, Plaintiff STEVEN J. CAPUANO and KIMBERLY 1. CAPUANO, Defendants : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; and that the last known address of the Defendants, Steven J. Capuano and Kimberly L. Capuano, is 1229 Blossom Terrace, Boiling Springs, Pennsylvania 17007. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: ! 1. - 1$ -() '1 By: Ge6 e Supreme 000 ID # ~848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff t;:;:,?, ~ c.... ~ - \ s;,"" f,,, .::.,;;,. /..'.') .~ q, -:,t..,., fC'f': :J,'Q 0,0 ~-; -1', ~":C4\ (18 ~~. ?1l ~?-\ "17" ~O -".; P -'''f'' ........ -- -- .' '" <P - ------ PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. OS - .!;.5 el(.)L~8L~ STEVEN 1. CAPUANO and KIMBERLY L. CAPUANO, Defendants CONFESSION OF JUDGMENT CIVIL ACTION - LAW NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A. S 2737.1 (Act 105 of2000) To: Steven J. Capuano and Kimberly L. Capuano Pursuant to 42 Pa. C.S. S 2737.1. please take notice that the Plaintiff in this matter has entered a judgment by confession against you in the amount of$124,999.l6. You are entitled to file a petition to "strike" or "open" the judgment. In order to do so, you must promptly file a petition with the Court of Common Pleas of Cumberland County, Pennsylvania, as required by Rule 2959 of the Pelll1sylvania Rules of Civil Procedure. You will file a petition by leaving it with the courts or Prothonotary at the courthouse in Carlisle, Cumberland County, Pennsylvania. A petition is a formal statement of your reasons for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above. The petition must state your reasons for challenging the judgment is a separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end of the document verifying that the facts you state in the petition are true and accurate. You will waive any defenses and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take steps to collect on the judgment by asking the Sheriff to seize your assets. You may have other rights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Corporations may be unable to represent themselves in court. If the defendants include a corporation, the corporation must appear through an attorney if it intends to challenge the judgment. You may receive other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you. We reiterate that you are required to act promptly if you wish to seek relief from the judgment. Under certain circumstances, you have only 30 days in which to file a petition after papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order to protect your interests. Failing to act in a timely manner will render you unable to challenge the judgment at a later time. Pursuant to 40 Pa. C.S.A. Section 2737.1, if you have been incorrectly identified and had a confession or judgment entered against you, you are entitled to costs and reasonable attorney fees as determined by the court. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LIND SA Y Date: December 28,2004 By: ff, Esquire u me Co ID #24848 2109 Market Street Camp HiLI, P A 17011 (717) 737-3405 Attorney for Plaintiff Pennsvlvania Rule of Civil Procedure 2959 - Strikinl!: off Judl!:ment (a)(l) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pelll1sylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1 (c )(2) or Rule 2973.I(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. ----------- - ,...., = c..,. ;:;f\ ,- Y' -..... .- , ~- :r.... ::1C - - ~ ::t."T'\ r-nr';;:::' ~,.,f"n -bo (:.~\(? :::,",-. _,.-n. (~~) .,,-___,;1- ()' ::; 00 Co(. 1" CO v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~ - S's C,oL Y8L.""I PNC BANK, NATIONAL ASSOCIA TlON, Plaintiff STEVEN J. CAPUANO and KIMBERLY 1. CAPUANO, Defendants : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW To: Steven J. Capuano and Kimberly 1. Capuano, Defendants You are hereby notified that on ...)::z.L) .1./ , 2005: judgment by confession was entered against you in the sum of$124,999.16 in the above-captioned case. DATE: I if IDS Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE 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) 249-3 166 or 1-800-990-9108 I hereby certify that the following are the addresses ofthe defendants stated in the certificate of residence: Steven 1. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 Kimberly 1. Capuano 1229 Blossom Terrace Bci]~j Atto to tiff A, Steven J. Capuano and Kimberly L. Capuano, Demandado(s) Por este medio sea avisado que en el dia de de 2004, un fallo por admision fue registrado contra usted por la contidad de $124,999.16 del caso antes escrito. Fecha: el dia de de 2004 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA A LLAME POR TELEFONO A LA OFIClNA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Por este medio certifico que 10 siguiente es la direccion del demandado dicho en el certificado de residencia: Steven J. Capuano 1229 Blossom Terrace Boiling Springs, PA 17007 Kimberly L. Capuano 1229 Blossom Terrace Boiling Springs, PA 17007 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANIA- CIVIL ACTION PNC BANK, NATIONAL ASSOCIA nON, : DOCKET NO. 05-55 CIVIL TERM Plaintiff v. : CONFESSION OF JUDGMENT STEVEN 1. CAPUANO and KIMBERLY 1. CAPUANO, Defendants : PREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this 8th day of September, 2005, I, Geoffrey S. Shuff, Esquire, of the firm of SAlOIS, SHUFF, FLOWER & LINDSAY, attorneys for PNC Bank, National Association, Plaintiff, hereby certifY that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice of Sheriffs Sale Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing are attached hereto and marked as Exhibit "An. Steven J. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Kimberly 1. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, P A 17013 Sovereign Bank, Successor-in-Interest to First Essex Bank, FSB One Wall Street Manchester, NH 03101 Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY By: eof . S ff, Esquire u me Co 1D #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff, PNC Bank, National Association U.S. POSTAL SERVICE CERTIFICATE OF MAILIN~ ~~ , ~ '~:'E~-_:~~~-!5)~:_: ~\,(;;. "-. ::: . ;:~.~ . .,.' :- ~~-' ,;!~.; (- ~:i~~~~'".~. :.:,,-;;~!j 7.~'~;;::: .~;?=- ~ ~~ . -~ ~. am me i ~~ Om ~ ~" -~ ~ ilia . e" , Co ~i 0 . -< (J) " ~ en ~n "'> ~r c: ~~ _:::: ~'ll "T1 j; - ~ o is :E ~ ctl ;:: ...., > F Qo g m ~ ~ "I ""lSOd "'01 BVGB3i'2;::::' ~--- :.3":; S iH13r.6cl\.......-.';;'d'. JS.1- \ ~J:'!>'/ '\. JJ.l ... t._ 'O'...l~- : "1 ~. >>.i) f":!il:~ ( . ..-, - i'"'lU ,. t'l - :.0 -;J!~.:,. ~.., "_,J"n ,,' .il:: 0 '-' '" _"'::!1fX;,'" ..:,~. :1~#S..~Jl~~~~ ~ .... ; MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, ODES NOT PROVIDE FOR INSURANCE-POSTMASTER \ R''''iv'''F"5aidis Shuff Flower & Lind --.' _..'c>:~~j 2109 Market Street 0 ,f-"Y5~["....':'~..";::;Y~ G H'II PA He~ of /-,f'...,.,,'j J-', amp. " r- -o$:':-t'';:.~~:::~::,~g~~;~llli "---"~.:i . -::: 1 III i'I.~ Or~PieceOfOrd.ina~laddreS~"dOO l~i '- i!~: ~ -...J. ~I^G(\~ .0, :.0 Ill' \ d-.C\' \?"\l">~ \e ruc.e- I ~~i G l; ':B ('" ---... . 1""1."'1 0'\ \<"\1< _,r'liI(\c<: ;' ~ \100 ~~_'~ '.--I 'i,; ~ ~ ~ ***~**~*~*~~~ / , :U \ J;;' ~c' .....! \, . ._--~..~:,~~;.,:;~~j' R,,,,,.edF511idis, Shuff, Flower & Lindsa .f'JV'. .;~" 2109 Mdl ~el Sll ed 9. .' '!. ," e H'" PA 17'() lol--.?. . ",,""', dlllJJ I I I ...~-:' .~~_~_,_:-:.~.~~:.';.1"';,~; \ .' .,~il! Re"'iv"'FS'aidis, Shuff, Flower & Lindsc m. >.--: :,;.~,,: 210a ~ar/(et Street 7... ~::,;:::};. Camp HIli, PA 17011- -.e:t7/c:":,>"'r~] ~~'.:::~~~;.~~, ~: 1:= i III I,~ ~ (t; , f!j r, \ , :.-. j :::;) ;',i\!,:' h~ ! :~~ lh ! .....1 C'..) II I~l Jl~ L .Jt.**~: .pt1 Jtlt"'~' ~~ c: " "' . Sa> ~ om " ~ me 0 ~~ OJ ~ om > ~ "" ~ -~ ~ @g OJ m 9: ~~ " < (J) "m i'i ';n~ m en ~" ~> ::r ~z c:: ~~ .:::: ~;;j n mm "" m z ;U :!J > ~ ... 0 is :;; :E i'i ~ ~ ctl ~ ... ...., F m. 0 Qo g ." m ~ r- '" z :=J 0 ? ~ Z 0.. (J) el PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIOE FOR INSURANCE-POSTMASTER "' " o '!l ~ OJ m ~ 1\ m O"i/.."'" ,f ,"",,'" me" .","'""',,, \ m b:?rl'l \.. Ca,plQ.(\() ~~ \e.rOC{ , \ \ , ~t>... \lOrn PS Form 3817, JanU81'j" 2001 n m ~ :;; C; ~ m o ." ~~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER z- I el, . I 0"" ~"'" ,f ,,,",,'" M'i1 .",...... '" ];;v L~~~~~ 't>ll- nO . PS Form 3817, January 2001 bh,b,/I~I' ". .. '\'\ -'.,', "7\ ' "\)'1\ , ~; ';-;;.', J "k) :'-,~; 1 ,. ~ :'~'7 ~~~~. ~ ,i-'~~ ~;-" / ,- tV :, IiI ~ ':.z>11 ..". ""C' i U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R''''''''''~idis, Shuff, Flower & Lindsa 2109 Market Street Calllp I Ii II , rA 17011- ~:~~i~~~~~(~ -\~-~e --\D -\ ~,,*-e.:j. L, \="'8 n M. \;:n.\\ s..-k-cl f..l \-\ \ PS Form 3817, January 2001 ~~ . 1'~'O>. '. ~~,<,\ '1:"",'. _~:"iJ":L';~~~ ! c 1 :,'1 t~~.,~ \ :::: ~ Cl :f~'~ ; f-J' ! '. : ~ 1\. I ~...' --' 'I' ,"';.1 _. '[". j'.~' <....... t !bi . Ii ~~~.:._,l-l lil'.l>'t~:.:~~...~...,,".. ... ~'1\ :1 \',\ -" c;J ~:? C'; -~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANIA- CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 05-55 CIVIL TERM Plaintiff v. : CONFESSION OF JUDGMENT STEVEN 1. CAPUANO and KIMBERLY 1. CAPUANO, Defendants : PREVIOUSLY ASSIGNED TO: NI A PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the sheriff of Cumberland County; (2) against Steven J. Capuano and Kimberly 1. Capuano, 1229 Blossom Terrace, Boiling Springs, Pennsylvania 17007, Defendants; and (3) against NtA, Garnishee; (4) and enter this writ in the judgment index (a) against NtA, defendant, and (b) against Nt A, as garnishee, as a lis pendens against real property of the defendant in the name of garnishee as follows: NI A (5) Principal Amount Due Interest from December 22. 2004 at the rate of $68.49 per diem Costs $124,999.16 $ (to be added) $ (to be added) I certify that (a) (b) CERTIFICATION This praecipe is based upon a judgment entered by confession; and Notice will be served with the Writ of Execution Pursuant to Rule 2958.2. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: September 7,2005 By: G ffre 210 e Street, Camp Hill, P A 17011 (717) 737-3405 Attorneys for Plaintiff, PNC Bank, National Association r..;> ;~~:; <.;...n (11 !"r,i '''';.:- ~ ~ ~ , V, ~ '" .... ~ I _l jt ... <>0 \Jo.\ .., v"- .. "- .'^. '2, .. "'" 'l! ....... "- ..... ...", ),... ::'> VI ~ <:> d ~ ~ '2 0 ~ ,... r 1\ '( f") =r, ~-n h1r: 0.:~ _"':"1 (') r"n ;;:- WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-55 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debl, interest and costs due PNC BANK NATIONAL ASSOCIATION Plaintiff (s) From STEVEN J CAPUANO AND KIMBERLY L CAPUANO (I) You are directed to levy upon the properly of the defendant (s)and 10 sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(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) Ifproperty of the defendant(s) not levied upon an subjeclto attachment is found in Ihe possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$ 124,999,16 L.L.$0.50 Interesl FROM 12/22/04 RATE OF $68,49 PER DIEM Atty's Corom % Due Prothy $1.00 Atly Paid $ 37,00 Plaintiff Paid Other CoslS Date: SEPTEMBER 7, 2005 fTIS R. LONG (Seal) Prothonotary By: Depuly REQUESTING PARTY: Name GEOFFREY S SHUFF ESQ Address: 2109 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLFF Telephone: (717) 737-3405 Supreme Court ID No. 24848 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANIA- CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 05-55 CIVIL TERM Plaintiff v. : CONFESSION OF JUDGMENT STEVEN J. CAPUANO and KIMBERLY L. CAPUANO, Defendants : PREVIOUSLY ASSIGNED TO: N/ A AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of those tracts of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, being three tracts of land along Woodcraft Drive, South Middleton Township, Pelll1sylvania, known as tax parcel numbers 40-31-2187-052 and 40-31-2187-053. 1. Names and addresses of owners or reputed owners: Steven J. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 Kimberly L. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 2. Names and addresses of defendants in the judgment: Steven J. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 Kimberly L. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Sovereign Bank, Successor-in-lnterest to First Essex Bank, FSB One Wall Street Manchester, NH 03101 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, P A 17013 I, Geoffrey S. Shuff, Esquire, attorney for the Plaintiff, PNC Bank, National Association, verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Respectfully submitted SAIDIS, SHUFF, FLOWER & LINDSAY Date: September 7, 2005 By: , Esquire upreme C 10 #24848 2109 Mar et Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff, PNC Bank, National Association - , "'-' ('is (J c...-, -rl '0 C;'/ i~. , ....., .- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA- CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 05-55 CIVIL TERM Plaintiff v. : CONFESSION OF JUDGMENT STEVEN J. CAPUANO and KIMBERLY 1. CAPUANO, Defendants : PREVIOUSLY ASSIGNED TO: NI A NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Steven 1. Capuano and Kimberly 1. Capuano A judgment in the amount of $124,999.16, plus interest, other expenses, fees and costs has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a Writ of Execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for December 7, 2005. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKlNG RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Date: September 7, 2005 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: G Sup . ou #24848 2109 Marke treet Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff, PNC Bank, National Association f-_:'l c:::;;) () ,{ ;:;J Hi <.::..1\ (/) :':.j " I -.J :r::;-. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANIA- CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 05-55 CIVIL TERM Plaintiff V. : CONFESSION OF JUDGMENT STEVEN J. CAPUANO and KIMBERLY L. CAPUANO, Defendants : PREVIOUSLY ASSIGNED TO: N/ A NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Steven J. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 PNC Bank, National Association 4242 Carlisle Pike Camp Hill, P A 17011 Kimberly L. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Sovereign Bank, Successor-in-lnterest to First Essex Bank, FSB One Wall Street Manchester, NH 03101 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: December 7, 2005 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured bOlll1daries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: those tracts of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pelll1sylvania, being three tracts of land along Woodcraft Drive, South Middleton Township, Pelll1sylvania, known as tax parcel numbers 40-31-2187-052 and 40-31-2187-053. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. Steven J. Capuano and Kimberly L. Capuano, No. 05-55 Civil Term in the amount of $124,999.16, plus interest at the rate of $68.49 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, prepayment fees and costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Steven J. Capuano and Kimberly 1. Capuano. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Cornmon Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically ofthese rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Respectfully submitted SAIDIS, SHUFF, FLOWER & LINDSAY Date: September 7, 2005 By: G . S uff, Esquire Supreme C urt 1D #24848 2109 M. et Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff, PNC Bank, National Association Parcel Number 1 Woodcraft Drive. South Middleton Townshiv. Pennsvlvania Tax Parcel Number: 40-31-2187-052 ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pelll1sylvania, bounded and described pursuant to a survey by Noel B. Smith, Registered Surveyor, dated March 6, 1976, as follows: BEGINNING at an iron pin on the Western side of a proposed street, said point being 700 feet, more or less, in a Northerly direction along the Western side of said proposed street from the Northern side of 1.R. 21008, thence to and along land now or formerly of Richard 1. Sherman and Doris M. Sherman, his wife, South 84 degrees 12 minutes West 155.65 feet to an iron pin, thence by the same, North 2 degrees 44 minutes 40 seconds West 166.54 feet to a post; thence by the same, North 12 degrees 2 minutes 40 seconds East 180.83 feet to a stake; thence by land now or formerly of Ted R. Shover and Kathryn M. Shover, his wife, South 77 degrees 43 minutes East 151.38 feet to a point on the Western side of the proposed street aforesaid; thence by the Western side of said proposed street, South 12 degrees 17 minutes West 169.34 feet to a point, thence continuing by the Western side of said proposed street, South 5 degrees 48 minutes East 130.66 feet to the place of BEGINNING. CONTAINING 1.124 acres. BEING the same premises which Joseph V. Capuano and Nancy P. Capuano, his wife, by their deed dated December 4, 2000, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on December 8, 2000, in Book 235, Page 855, granted and conveyed unto Stephen 1. Capuano and Kimberly 1. Capuano, his wife. Parcel Number 2 Woodcraft Drive. South Middleton Township. Pennsvlvania Tax Parcel Number: 40-31-2187-053 ALL THOSE TWO CERTAIN tracts of land with the improvements thereon erected situate in South Middletown Township, Cumberland County, Pellllsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at an iron pin on the Western side of Woodcraft Drive (50 feet wide), said point being 350 feet in a Northwardly direction from the edge ofL.R. 21008, and 25 feet in a westerly direction from the center line of the said Woodcraft Drive; thence by land now or formerly of Mervin G. Coyle, South 84 degrees 12 minutes West 150 feet to a stake; thence by land now or formerly of the P. Lutz Estate, North 06 degrees 43 minutes West 200.02 feet to a stake, being the southwest comer of other land now or formerly of Lloyd E. Herman, Jr. and Ruth Allll Herman; thence by said other land now or formerly of Lloyd E. Herman, Jr. and Ruth Allll Herman, North 84 degrees 12 minutes East 153.25 feet to a point on the western side of the said Woodcraft Drive; thence by the western side of the said Woodcraft Drive, South 05 degrees 48 minutes East 200 feet to an iron pin, the place of BEGINNING. CONTAINING .527 acres, and being improved with a concrete block building. TRACT NO.2: BEGINNING at a point on the western line of Woodcraft Drive at the northeast comer of other land now or formerly of Lloyd E. Herman and Ruth Allll Herman; thence by said other land now or formerly of Lloyd E. Herman and Ruth Allll Herman, South 84 degrees 12 minutes West 153.25 feet to a line of land now or formerly of Mervin G. Coyle; thence by land now or formerly of Mervin G. Coyle, North 06 degrees 43 minutes West 100 feet to a point; thence by the same, North 84 degrees 12 minutes East 154.87 feet to the westerly line of Woodcraft Drive; thence by the said Woodcraft Drive, South 05 degrees 48 minutes East 100 feet to a point, the place of BEGINNING. BEING the same property which Michael A. Marhevka, Jr., a single person, by his deed dated September 14, 2000, and recorded on September 18, 2000, in the Office of the Recorder of Deeds in and for Cumberland County in Book 229, Page 241, granted and conveyed unto Steven J. Capuano and Kimberly L. Capuano, husband and wife. .-( ..r:- ,-.> E.~ <,~"l C) "n :~ M,::rJ ,- -n il~ --'-:::! C0 " ',j --J r. () :~5rn "';0',. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANIA- CIVIL ACTION PNC BANK, NATIONAL ASSOCIA nON, : DOCKET NO. 05-55 CIVIL TERM Plaintiff v. : CONFESSION OF JUDGMENT STEVEN J. CAPUANO and KIMBERLY 1. CAPUANO, Defendants : PREVIOUSLY ASSIGNED TO: N/A WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: September 7, 2005 By: Geo rey. Supr e ourt ID #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff, PNC Bank, National Association "'" c:::;) ;~~-; () '-n :;:;j ~'n -....-1 ~" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANIA- CIVIL ACTION PNC BANK, NA TIONAL ASSOCIATION, : DOCKET NO. 05-55 CIVIL TERM Plaintiff v. : CONFESSION OF JUDGMENT STEVEN J. CAPUANO and KIMBERLY L. CAPUANO, Defendants : PREVIOUSLY ASSIGNED TO: NI A PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered in the above-captioned action satisfied. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: November 14,2005 By: h f, Esquire e e Co ID #24848 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorneys for Plaintiff, PNC Bank, National Association r~. ---J ( r'.) c: .< PNC Bank, National Association VS Steven J. Capuano and Kimberly 1. Capuano The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-55 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 14,2005 at 8:35 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Steven J. Capuano and Kimberly 1. Capuano, by making known unto Steven Capuano, personally and husband of Kimberly 1. Capuano, at 1229 Blossom Terrace, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Shuff. Sheriffs Costs: Docketing Poundage Advertising Mileage Levy Surcharge Law Library Prothonotary Postage Patriot News Law Journal Share of Bills 30.00 28.14 45.00 5.95 45.00 50.00 .50 1.00 1.11 356.78 851.00 20.89 $1,435.37 Sworn and subscribed to before me This~dayof~ 2005, A.D. {l~3 S~~n,s A- AP ~~...-...r< ~ R. Thomas Kline, Sheriff By~r ,1' Real Estate IS-o ere:... 5'Jo<11 Rev {1/6'f >- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA- CIVIL ACTION PNC BANK, NATIONAL ASSOClA TION, : DOCKET NO. 05..55 CIVIL TERM Plaintiff v. CONFESSION OF JUDGMENT STEVEN 1. CAPUANO and KIMBERLY 1. CAPUANO, Defendants : PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of those tracts of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, being three tracts of land along Woodcraft Drive, South Middleton Township, Pellllsylvania, known as tax parcel numbers 40-31-2187-052 and 40-31-2187-053. I. Names and addresses of owners or reputed owners: Steven J. Capuano 1229 Blossom Terrace Boiling Springs, PA 17007 Kimberly 1. Capuano 1229 Blossom Terrace Boiling Springs, PA 17007 2. Names and addresses of defendants in the judgment: Steven J. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 Kimberly 1. Capuano 1229 Blossom Terrace Boiling Springs, PA 17007 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Sovereign Bank, Successor-in-Interest to First Essex Bank, FSB One Wall Street Manchester, NH 03101 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, P A 17013 !, Geoffrey S. Shuff, Esquire, attorney for the Plaintiff, PNC Bank, National Association, verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Respectfully submitted SAIDIS, SHUFF, FLOWER & LINDSAY Date: September 7, 2005 By: eo. : S}lUff, Esquire upreme C0irt ID #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff, PNC Bank, National Association , . - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANIA- CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 05-55 CIVIL TERM Plaintiff v. : CONFESSION OF JUDGMENT STEVEN J. CAPUANO and KlMBERL Y 1. CAPUANO, Defendants : PREVIOUSLY ASSIGNED TO: N/A NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Steven J. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 170/1 Kimberly 1. Capuano 1229 Blossom Terrace Boiling Springs, P A 17007 Cumberlan<fCounty Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Sovereign Bank, Successor-in-Interest to First Essex Bank, FSB One Wall Street Manchester, NH 03101 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: December7,2005 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A IT ACHED) THE LOCATION of your property to be sold is: those tracts of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pellllsylvania, being three tracts of land along Woodcraft Drive, South Middleton Township, Pellllsylvania, known as tax parcel numbers 40-31-2187-052 and 40-31-2187-053. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. Steven J. Capuano and Kimberly 1. Capuano, No. 05-55 Civil Term in the amount of$124,999.16, plus interest at the rate of $68.49 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, prepayment fees and costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Steven J. Capuano and Kimberly 1. Capuano. A SCHEDULE OF DISTRIBUTION, being a list of the persons andlor govemmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. TillS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTL Y. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Cowthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Respectfully submitted SAIDIS, SHUFF, FLOWER & LINDSAY Date: September 7, 2005 By: G . S uff, Esquire Supreme C urt ID #24848 2109 Mar et Street Camp Hill, P A 17011 (717) 737-3405 Attorneys for Plaintiff, PNC Bank, National Association Parcel Number 1 Woodcraft Drive, South Middleton Township, Pennsvlvania Tax Parcel Number: 40-31-2187-052 ALL THAT CERTAIN tract ofland situate in South Middleton Township, Cumberland County, Pellllsylvania, bounded and described pursuant to a survey by Noel B. Smith, Registered Surveyor, dated March 6, 1976, as follows: BEGINNING at an iron pin on the Western side of a proposed street, said point being 700 feet, more or less, in a Northerly direction along the Western side of said proposed street from the Northern side of L.R. 21008, thence to and along land now or formerly of Richard 1. Sherman and Doris M. Sherman, his wife, South 84 degrees 12 minutes West 155.65 feet to an iron pin, thence by the same, North 2 degrees 44 minutes 40 seconds West 166.54 feet to a post; thence by the same, North 12 degrees 2 minutes 40 seconds East 180.83 feet to a stake; thence by land now or formerly of Ted R. Shover and Kathryn M. Shover, his wife, South 77 degrees 43 minutes East 151.38 feet to a point on the Western side of the proposed street aforesaid; thence by the Western side of said proposed street, South 12 degrees 17 minutes West 169.34 feet to a point, thence continuing by the Western side of said proposed street, South 5 degrees 48 minutes East 130.66 feet to the place of BEGINNING. CONTAINING 1.124 acres. BEING the same premises which Joseph V. Capuano and Nancy P. Capuano, his wife, by their deed dated December 4, 2000, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pellllsylvania, on December 8, 2000, in Book 235, Page 855, granted and conveyed unto Stephen J. Capuano and Kimberly L. Capuano, his wife. Parcel Number 2 Woodcraft Drive, South Middleton Township, Pennsvlvania Tax Parcel Number: 40-31-2187-053 ALL THOSE TWO CERTAIN tracts of land with the improvements thereon erected situate in South Middletown Township, Cumberland County, Pellllsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at an iron pin on the Western side of Woodcraft Drive (50 feet wide), said point being 350 feet in a Northwardly direction from the edge of1.R. 21008, and 25 feet in a westerly direction from the center line of the said Woodcraft Drive; thence by land now or formerly of Mervin G. Coyle, South 84 degrees 12 minutes West 150 feet to a stake; thence by land now or formerly of the P. Lutz Estate, North 06 degrees 43 minutes West 200.02 feet to a stake, being the southwest comer of other land now or formerly of Lloyd E. Herman, Jr. and Ruth Alll1 Herman; thence by said other land now or formerly of Lloyd E. Herman, Jr. and Ruth Alll1 Herman, North 84 degrees 12 minutes East 153.25 feet to a point on the western side of the said Woodcraft Drive; thence by the western side of the said Woodcraft Drive, South 05 degrees 48 minutes East 200 feet to an iron pin, the place of BEGINNING. CONT AINING .527 acres, and being improved with a concrete block building. TRACT NO.2: BEGINNING at a point on the western line of Woodcraft Drive at the northeast comer of other land now or formerly of Lloyd E. Herman and Ruth Alll1 Herman; thence by said other land now or formerly of Lloyd E. Herman and Ruth Allll Herman, South 84 degrees 12 minutes West 153.25 feet to a line of land now or formerly of Mervin G. Coyle; thence by land now or formerly of Mervin G. Coyle, North 06 degrees 43 minutes West 100 feet to a point; thence by the same, North 84 degrees 12 minutes East 154.87 feet to the westerly line of Woodcraft Drive; thence by the said Woodcraft Drive, South 05 degrees 48 minutes East 100 feet to a point, the place of BEGINNING. BEING the same property which Michael A. Marhevka, Jr., a single person, by his deed dated September 14, 2000, and recorded on September 18, 2000, in the Office of the Recorder of Deeds in and for Cumberland County in Book 229, Page 241, grarlted and conveyed unto Steven J. Capuano and Kimberly 1. Capuano, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-55 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and cosls due PNC BANK NATIONAL ASSOCIATION Plaintiff (s) From STEVEN J CAPUANO AND KIMBERLY L CAPUANO (I) You are directed to levy upon the property of Ihe defendanl (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also direcled to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) Iha!: (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 defendanl(s) not levied upon an subjecllo attachment is found in the possession of anyone other than a named garnishee, yon are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 124,999.16 L.L.$0.50 Interest FROM 12/22/04 RATE OF $68.49 PER DIEM Atty's Corum % Due Prothy $1.00 Atty Paid $ 37.00 Plaintiff Paid Other Costs Dale: SEPTEMBER 7, 2005 Cv447 CURTIS R. LONG Prothonotary (Seal) By: Depuly REQUESTING PARTY: Name GEOFFREY S SHUFF ESQ Address: 2109 MARKET STREET CAMP HILL, P A 17011 Attorney for: PLFF Telephone: (717) 737-3405 Supreme Court ID No. 24848 Real Estate Sale #61 On September 12,2005 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A Known and numbered as Tax parcels 40-31-2187-052 and 40-31-2187-053 on Woodcraft Drive, South Middleton Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 12,2005 (I . Bp M J AJWuiJ, Real E~~ Sergeant 01 :\1 [..i"iZ J)J '0- ~ q .;;: '-;"\ (:,' ~..' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - SWORN TO AND SUBSCRIBED before me this 28 day of _..october. 2005 ~./~) ~. .Jnf.d~-u . ....." ....-.-....Notllf>'fo.. . -. -" . '^ .. 'I :-'0-1;,;<."1 ':;.:.J"', : ,'~i,r,:: !'~ ~:I'J'(~H;'i. :'~'~:'i::T" ..-" .'f:;:~':-: ;~\ -,f'~' ..;!:' [ ~I:" ; '.It).; ':<':~i'~Sl'J!'\ -},:"U~.:. REAL ESTATE SALE NO. 61 Writ No. 2005-55 Civil PNC Bank, National Association VS. Steven J. Capuano and Kimberly L. Capuano Atty.: Geoffrey Shuff Parcel Number 1 Woodcraft Drive. South Middleton Township, Pennsylvania Tax Parcel Number: 40-31-2187- 052. ALL THAT CERTAIN tract of land situate in South Middleton Tovm- ship, Cumberland County, Pennsyl- vania, bounded and described pur- suant to a survey by Noel B. Smith, Registered Surveyor, dated March 6, 1976. as follows: BEGINNING at an iron pin on the Western side of a proposed street, said point bemg 700 feet, more or less, in a Northerly direction along the Western side of said proposed street from the Northem side of L,R. 21008, thence to and along land now or formerly of Richard L. Sherman and Doris M. Sherman, his wife, South 84 degrees 12 minutes West 155.65 feet to an iron pin, thence by the same, North 2 degrees 44 minutes 40 seconds West 166.54 feet to a post; thence by the same, North 12 degrees 2 m1nutes 40 sec- onds East 180.83 feet to a stake; thence by land now or formerly of Ted R. Shover and Kathryn M. Shover, his wife, South 77 degrees 43 minutes East 151.38 feet to a point on the Western side of the proposed street aforesaid; thence by the Western side of said pro- posed street, South 12 degrees 17 minutes West 169.34 feet to a point, thence continuing by the Western side of said proposed street, South 5 degrees 48 minutes East 130.66 feet to the place of BEGIN- NING. CONTAINING 1.124 acres. BEING the same premises which Joseph V. Capuano and Nancy P. Capuano, his wife, by their deed dated December 4, 2000, and re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on Decem- ber 8, 2000, in Book 235, Page 855, granted and conveyed unto Stephen J. Capuano and Kimberly L. Capuano, his wife. Parcel Number 2 Woodcraft Drive, South Middleton Township, Pennsylvania Tax Parcel Number: 40-31-2187- 053. ALL THOSE 1\VQ CERTAIN tract~ of land with the improvements thereon erected situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: TRAcr NO. I: BEGINNING at an iron pin on the Western side of Wood- craft Drive (50 feet wide), said point being 350 feet in a Northwardly di- rection from the edge of L,R. 21008, and 25 feet in a westerly direction from the center line of the said Woodcraft Drive; thence by land now or formerly of Mervin G. Coyle, South 84 degrees 12 minutes West 150 feet to a stake; thence by land now or formerly of the P. Lutz Es- tate, North 06 degrees 43 minutes West 200.02 feet to a stake, being the southwest comer of other land now or formerly of Lloyd E. Herman, Jr. and Ruth Ann Herman; thence by said other land now or formerly of Lloyd E, Herman, Jr. and Ruth Ann Herman, North 84 degrees 12 minutes East 153.25 feet to a point on the western side of the said Woodcraft Drive; thence by the western side of the said Woodcraft Drive, South 05 degrees 48 min- utes East 200 feet to an iron pin, the place of BEGINNING. CONTAINING .527 acres, and being improved with a concrete block building. TRACf NO.2: BEGINNING at a point on the western line of Wood- craft Drive at the northeast comer of other land now or formerly of Lloyd E. Herman and Ruth Ann Herman; thence by said other land now or formerly of Lloyd E. Herman and Ruth Ann Herman, South 84 degrees 12 minutes West 153,25 feet to a line of land now or for- merly of Mervin G. Coyle; thence by land now or formerly of Mervin G. Coyle, North 06 degrees 43 min- utes West 100 feet to a point; thence by the same, North 84 degrees 12 minutes East 154.87 feet to the westerly line of Woodcraft Drive; thence by the said Woodcraft Drive, South 05 degrees 48 minutes East 100 feet to a point, the place of BEGINNING. BEING the same property which Michael A. Marhevka, Jr., a single person. by his deed dated Septem- ber 14, 2000. and recorded on Sep- tember 18, 2000, in the Office of the Recorder of Deeds in and for Cumberland County in Book 229, Page 241, granted and conveyed unto Steven J, Capuano and Kim- berly L. Capuano, husband and wife. . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania. County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place ofbnsiness at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania. owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25'" day(s) of October and the l,t day(s) of November 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of pubhcation are true; and That he has personal knowledge of the facls aforesaid and is duly autliorized and empowered 10 verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy I ;:;;;;;.~.;;;;I\~r,~;~;L;;;;oo;.A.D. t!'bJo.- be< 1'>10 TA~IAL SEAL Terry L. Russell, Notory Public City of Hmrlsbur uphin County y Commission pires Ju 6, 2006 ember, PElnn~;ylv ja As~oc of Nolarieg ~ !J/Vi( /~~~ NOTARY PUBLIC My commission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE. P A. 17013 REAL ESTATE IALEIIo. '1 WIlING."" CIYtlTerm .PNC 1l8nk, NlIllOIlIII AssociatIon r VB -.. J. Capuano Bnd Kimberly L Capuano Atty: GaofInoy Shut! DESCRIPTlON PARCEL NO. I: AU. TIlAT'CEKfAIN tract of land situate in South Middleton Township, Cumberland County. Peonsylv","", bounded and described """""" to a survey ,by Noel B, Smith. Registered Surveyor. dated liIarch 6. 1976. as follows: BEGJNNlNG,at an iron pin on the Western side of a proposed street, said point being 700 feet, more or less, in a NlXtberly direction aloog the Western .ide of said propooed _ from lIie N<<lIiem side ofLIl.. 21008,lIieDoe to and along Ja>Jd - or flllllely of Richatd L. Sherman and Ilms M. Shennan. his wife. Sooth 84 degt= 12 minulesWestI55.6Sfeettoanironpin.thenceby lIie _.Nortlt 2degn<<s44mil1utes4OS<COOds West 166.54 feet to a po8~ lIieDoe by!he_. Nortlt 12 degree. 2 minutes 40 seconds East lSOB31eet toa stake; lIieDoebyJaod_ or lOOnlrly of Ted R.Shover and KatIuyn M. Shover. hiswife.So/JIlJ 17degt=43minulesEalt 15138 leetto a poiuloollie \\\:stern.ide ofllie proposed .-aforesaid; lIieDoe,bytbc \\\:stern side of said proposed_.Sooth 12degreci 17minu1es West 16934 feet to a poUtt, thenc< continuing by the W...... side of said propooed ._.South 5 degrces48 minulesEast 130.66 feettollieplacc 01 BEGINNING, . CONl'AlNlNG 1.124 '""".. BEING tbc _ premisis which Joseph V, Capuano and Nalley P. Capuano, his wife. by lIieir deed,~.-.mer 4, 2OOlion<! n:<:mIcd in tbc 0lIice of !he RecooIer of lloeds in and lor ',r" . 'o.r.'-rlY.lIl1lia.ooterember ... _. io _235. Pap 855. ..- md ~~~~- ...~cm.Hi.11-21r7-8S2. JMal.NO.2: AU.I1IOSETWOC!lIII'AIN _fIIJaodwillttbc~__ ...cted __ in South MiddletnWD~. CumblIIaIld County. Pemisylvania. hounded and descriI>cd..-': tRAcr NO.1: BEGINNING at an iron pin on tbc \\\:stern side of Woodmlt Drive (SO lcct wide). said point being 3SO feet in a Nortltwanlly _from !he ed!" ofL!l..21l108.and25 feet ina westerly direction frorntbe centerline of the said Woodcraft Drive; thence 'by land now or fonocrlyofMervinG.Coyt~Sooth 84degt= 12 mmotes West ISO lcct to a stake; thence by land now or formerly of the P. Lutz Estate. North 06 degrees 43 minutes West ~m feet to a stake, being !be southwest comer 'Of other land now or formedy of Lloyd E. Herman. Ir. and RuIiJ Ann Herman; thence by said other land now or lormerly of Lloyd E.Ilcnnan.Jr. and !Wth Ann Herman,NOI1h 84 degree. 12 minutes East 1S325 feet to a point on the western side of the said Woodcraft Drive; rbence by lbe wesftm side of the said Woodcraft Drive, South 05 degrees 48 minutes East 200 feet to an iron pin, the place of BEGINNING. CONl'AlNING 527 acres, and being ~ved wilhaconcreteblockbuilding. TRACT NO.2: BEGJNNING at a point on the westernlineofWoodcraftDriveattbcnortheast comer of other land now or formerly of Lloyd E. Ilcnnan and Ruth Ann Herman; !hence by said other land now or fonnerly of Uoyd E. Herman and RuIiJ Ann Herman. Soollt 84 degt= 12 minutes West 15315 feet to a line of land IIOwor fonncrly of Mervin G. Coyle; thcnre by land now or lonncrly 01 Mervin G. Coyle. North 06 degree. 43 milIutes West 100 lcct to a point; thcncebytbc same. Nortlt 84 degree. 11_ EaslI54B7 feet to the wesrerly linelQfWoodcraft Drive; thence by !he said Woodcraft Drive. South OS degree. 48 minutes East lOll feet toa point.tbc placcofBEGINNING. - BElNG tbc same property which Micl!ael A. Marbevka, Jr., a single person, by his deed. dated SOplI:mhcr 14.1JlO1l;llIlIn:<:mIcdooSOpll:mhcr 1I.1JlO1l.intbcOllitecitbc_ofDoedsin .._~ .L' r"_~&I&. 241, ..- ... ~ .... ....7. ' c..- aOO Kinlhcrly L. Capuano, ~ 11III . wife. TAX PARCEL t4(l.31-2187-OS3.