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HomeMy WebLinkAbout14-0773 • ,1 Matthew C. Samley, Esquire L.I xf r i F I FfJ REESE, SAMLEY, WAGENSELLER , MECUM & LONGER, P.C. PM 3: G Attorney I.D. No.: 65442 CU "IBERLA D C0 120 North Sh ippen Street P1_ P ; j Lancaster, PA 17602 (717) 393 -0671 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW COMMUNITY FIRST FUND, : Plaintiff VS. No. TIMOTHY J. HOGG, CONFESSION OF JUDGMENT Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: Principal Sum $102,986.64 Interest $ 332.54 (plus ongoing interest at the rate of 11.75% per annum) Attorneys' Fees $ 10,331.92 TOTAL $113,651.10 (as of 11/30/13) REESE, SAMLEY, WAGENSELLER MECUM & LONGER, P.C. Date: 2 - ( / ��� �-- /Z-� Matthew C. Samley, Es ire Attorney I.D. No.: 654 2 Attorneys for Plaintiff OL"L U �o i ' r Matthew C. Samley, Esquire ' r � V {, i s � � REESE, SAMLEY, WAGENSELLER, 10 P l MECUM & LONGER, P.C. ct j' f� f ._ U . RI Attorney I.D. No.: 65442 Cotl T 120 North Shippen Street Y� V4 NIA �' Lancaster, PA 17602 (717) 393 -0671 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW COMMUNITY FIRST FUND, Plaintiff VS. No.: lq, ,- )?3 e TIMOTHY J. HOGG, CONFESSION OF JUDGMENT Defendant COMPLAINT Community First Fund, Plaintiff herein, by and through its attorneys Reese, Samley, Wagenseller, Mecum & Longer, P.C., files this Complaint to confess judgment against Timothy J. Hogg, Defendant herein, pursuant to Pa.R.C.P. §2950 et seq. and support thereof and avers as follows: 1. Plaintiff is Community First Fund, with an address of its principal office at 30 West Orange Street, Lancaster, Lancaster County, Pennsylvania 17608. 2. Defendant is Timothy J. Hogg, with an address of 322 Equus Drive, Camp Hill, Pennsylvania 17011. 3. On or about December 30, 2008, Defendant, Timothy J. Hogg, executed a Commercial Guaranty, absolutely and unconditionally guaranteeing the obligations of Irish Restaurants, LP to Plaintiff. A true and correct copy of the Promissory Note of Irish Restaurants, LP is attached hereto as Exhibit "A" and incorporated herein by reference. A true and correct copy of the Commercial Guarantee is attached hereto as Exhibit `B" and incorporated herein by reference. 4. The Commercial Guaranty executed by Defendant has not been assigned. 5. No judgment on the foregoing Commercial Guaranty has been entered in any jurisdiction in the United States. 6. Judgment is not being entered by confession against any natural persons in connection with a consumer credit transaction. 7. Irish Restaurants, LP has defaulted on the Promissory Note by not paying the required payments of principal and interest when due. The following is due as of November 30, 2013: Principal Sum $102,986.64 Interest $ 332.54 (plus ongoing interest at the rate of 11.75% per annum) Attorneys' Fees $ 10,331.92 TOTAL $113,651.10 (as of 11/30/13) 8. Plaintiff s attorney is authorized by warrant, incorporated by the Commercial Guaranty attached to this Complaint, to appear for the Defendant and confess judgment against Defendant for the above total sum. WHEREFORE, Plaintiff demands judgment against Defendant as authorized by the Promissory Note for One Hundred Thirteen Thousand Six Hundred Fifty -One and 10 /100 ($113,651.10) Dollars along with ongoing interest, attorneys' fees and costs of suit. Respectfully submitted REESE, SAMLEY, WAGENSELLER, MECUM & LONGER, P.C. Date: Z L �Y Matthew C. Samley, Esq ' e Attorney I.D. No.: 65442 Attorneys for Plaintiff VERIFICATION I, Gary Johnson, on behalf of Community First Fund of which I am the Vice President of Loan Administration, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. The language of the foregoing is that of my own. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: By: 4Garyon, Vice President of Loan Administration Community First Fund 30 West Orange Street Lancaster, PA 17608 PROMISSORY NOTE Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $160,000.00 1 12-30-2008 1 01-15-2019 1 2008 -01465 1 Mortgage I I * * References In the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "' • •" has been omitted due to text length limitations. Borrower: Irish Restaurants, LP Lender: COMMUNITY FIRST FUND 322 Equus Drive 30 West Orange Street Camp Hill, PA 17011 P. O. Box 524 LANCASTER, PA 17608.0524 (717) 393 -2351 Principal Amount: $160,000.00 Date of Note: December 30, 2008 PROMISE TO PAY. Irish Restaurants, LP ( "Borrower ") promises to pay to COMMUNITY FIRST FUND ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Sixty Thousand & 001100 Dollars ($160,000.00), together with interest on the unpaid principal balance from December 30, 2008, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 7.750% per annum based on a year of 360 days, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan In 120 payments of $1,935.64 each payment. Borrower's first payment Is due February 15, 2009, and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on January 15, 2019, and will be for all principal and all accrued Interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 3661360 basis; that Is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full ", "without recourse ", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, Including any check or other payment instrument that indicates that the payment constitutes . payment in full" of the amount owed or that Is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMUNITY FIRST FUND, PO BOX 624 LANCASTER, PA 17608 -0524. LATE CHARGE. if a payment is 5 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $15.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shalt be increased by 4.000 percentage points. If judgment is entered In connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ( "Event of Default ") under this Note: Payment Default. Borrower falls to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution or termination of Borrower's existence as a going business or the death of any partner, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability undeEEXHIBIT dness evidenced by this Note. Events Affecting General Partner of Borrower. Any of the preceding events occurs with respect to a r any general partner dies or becomes incompetent. Change In Ownership. The resignation or expulsion of any general partner with an ownership Interest more In Borrower. PROMISSORY NOTE Loan No: 2008 -01465 (Continued) Page 2 Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself Insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 05) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES, EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of LANCASTER County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 If Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) inventory, chattel paper, accounts, equipment, general intangibles and fixtures described in a Commercial Security Agreement dated December 30, 2008. (C) Purchase money security Interest in all assets and personal property of the Grantor, wherever located, whether now or hereafter acquired or arising, and all proceeds and products thereof, including, but not limited to, all personal and fixture property of every kind and nature including without limitation all inventory,goods, instruments, documents, accounts, chattel paper, deposit accounts, letter -of- credit rights, securities and all other investment property, supporting obligations, any other contract rights or rights to the payment of money, Insurance claims and proceeds, and all general intangibles, including, but not limited to, liquor license R -14079 issued by the Pennsylvania Liquor Control Board. described in a Commercial Pledge Agreement dated December 30, 2008, BORROWER REPORTING REOUIRMENTS. Borrower agrees to additional provisions as follows: For as long as the loan is outstanding, borrower must provide internal quarterly financial statements, including balance sheets, and year end tax returns and /or accountant prepared statements and be available to discuss the progress of the business with Community First as needed. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly 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 of time) this loan or release any party, partner, or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 00°x) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE Loan No: 2008 -01465 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: IRISH ESTAURANTS, LP �y 4 By, ( Seal) Timothy J. Hogg; General -- Pare —ef r-ish. Res"vrants -EP NCw(uj*-%'e,(*, LL( A 5ene�ol P�7c1 s,�� LENDER: COMMUNITY IR S FUND x r � Douglas Weiser, 56an / fficer LAM p110 Ltn4i,9. vet: 6.<7.N.OPf Copt. Hvlr d 7nr WSOMmn .Inc. 1917. 2WS. Ae Ry!.1, Pt—e0. • PA C:.CR FC 7R PRA COMMERCIAL GUARANTY Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials Mortgage * w References In the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "• ` "" has been omitted due to text length limitations. Borrower: Irish Restaurants, LP Lender: COMMUNITY FIRST FUND 322 Equus Drive 30 West Orange Street Camp Hill, PA 17011 P. 0. Box 524 LANCASTER, PA 17608.0524 (7171393 -2351 Guarantor: Timothy J. Hogg 322 Equus Drive Camp Hill, PA 17011 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This Is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the indebtedness or against any collateral securing the indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same -day funds, without set -off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability Is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and 811 collection costs and legal expenses related thereto permitted by law, reasonable attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" includes, without limitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of Borrower, and any present or future judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily Incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non - negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue In full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "now Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without limitation, "now Indebtedness" does not include all or part of the indebtedness that is: incurred by Borrower prior to revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the some manner in which Guarantor might have terminated It and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It Is anticipated that fluctuations may occur in the aggregate amount of the indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars ($0.00), shall not constitute a termination of this Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one ant or other terms of the Indebtedness or any part of the indebtedness, including increases and decrea EXH�B�T the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take t of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any o ties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine h s of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order — ing without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed lion may determine; (G) to sell, transfer, assign or grant participations In all or any part of the Indebtedness; arm—UV—to assign or transfer this COMMERCIAL GUARANTY Loan No: 2008 -01465 (Continued) Page 2 Guaranty In whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial Information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of Its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or Impairment of collateral including, but not limited to, any rights or defenses arising by reason of (A) any "one action" or "anti- deficiency" law or any other law which may prevent Lender from bringing any action, Including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the indebtedness; (D) any right to claim discharge of the indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at few or in equity other than actual payment and performance of the Indebtedness. If payment Is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of Its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses Include Lender's reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the COMMERCIAL GUARANTY Loan No: 2008 -01465 (Continued) Page 3 provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. Choice of Venue. If there Is a lawsuit, Guarantor agrees upon Lender's request to submit to the Jurisdiction of the courts of LANCASTER County, Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lander to inquire Into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimllo (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be In writing and shall be effective upon delivery to Lender as provided In the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, If there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lander and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Guarantor against the other. DEFINITIONS. The following capitalized words and terms shall have the fallowing meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used In the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. The word "Borrower" means Irish Restaurants, LP and includes all co- signers and co- makers signing the Note and all their successors and assigns. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Timothy J. Hogg, and In each case, any signer's successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's Indebtedness to Lender as more particularly described In this Guaranty. Lender. The word "Lender" means COMMUNITY FIRST FUND, its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and /or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Rotated Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUiT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (;;500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOiNG, THiS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUF FROM TIME TO TIMF AND AT Al l TiMFR I INTII PAYMFNT IN FI11 1 OF Al l AMOt INTR D1 IF I W)FR THIR M 1ARANTY. COMMERCIAL GUARANTY Loan No: 2008 -01465 (Continued) Page 4 GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS, IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY ". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED DECEMBER 30, 2008. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: -�- JA U10 tASS PRO lyd"q. V- 5,4200.004 Ctp. NrINd F— W UM—l% Int. 1997. 2005. qkb R.,.rr.d. • PA C::CA- LPvM.7C T" 617 PR -1 Matthew C. Samley, Esquire REESE, SAMLEY, WAGENSELLER MECUM & LONGER, P.C. Attorney I.D. No.: 65442 120 North Shippen Street Lancaster, PA 17602 (717) 393 -0671 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW COMMUNITY FIRST FUND, Plaintiff VS. No.: l V 7 7 3 TIMOTHY J. HOGG, CONFESSION OF JUDGMENT Defendant NOTICE TO: Timothy J. Hogg, Defendant You are hereby notified that on f , 2014, judgment by confession was entered against you in the sum of One Hu red rtee usand Six dred Fifty -One and 10 /100 ($113,651.10) Dollars in the above- ton ase Date: �� �y�7 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 1- 800 - 990 -9108 717- 249 -3166 Matthew C. Samley, E quire Attorney I.D. No.: 65442 Attorneys for Plaintiff Matthew C. Samley, Esquire REESE, SAMLEY, WAGENSELLER U fj�� _ N T l MECUM & LONGER, P.C.l�- Attorney I.D. No.: 65442 0 PPI r� 120 North Shippen Street �(l y 3 u Lancaster, PA 17602 PENNS ),L � co jJ��T (717) 393 -0671 IWA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMUNITY FIRST FUND, Plaintiff VS. : No. l 7 — ? 7 3 TIMOTHY J. HOGG, Defendant AFFIDAVIT OF NON - MILITARY Commonwealth of Pennsylvania County of Lancaster Before me, the undersigned authority, personally appeared Matthew C. Samley, Esquire, who being duly sworn according to law, doth depose and say that Timothy J. Hogg, the Defendant, above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant is now living at 322 Equus Drive, Camp Hill, Pennsylvania 17011 and is a resident of Cumberland County, Pennsylvania and is employed at or by — unknown. REESE, SAMLEY, WAGENSELLER, MECUM & LONGER, P.C. BY: Matthew C. Samley, Es all North Shippen Street Lancaster, PA 17602 (717) 393 -0671 Attorney for Plaintiff Attorney I.D. No.: 65442 Sworn and subscribed to before me this 4 K day of fi560U 2014. C9"ONWEALTM airPE�NIS11krVANiA NOTARIAL SEAT HOPE S. GLIDDEN, Notary Public Lanr..as +Pr City. t P - caster County Notary Public _ h __''__. x - .�__:' 1_2016__. Matthew C. Samley, Esquire REESE, SAMLEY, WAGENSELLER," MECUM & LONGER, P.C. Attorney I.D. No.: 65442 2 814 F EB 1 120 North Shippen Street ��� PV 3: 0 8 F; Lancaster, PA 17602 P V S Y TY (, D fJ q OI J (717) 393 -0671 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW COMMUNITY FIRST FUND, Plaintiff 3 vs. No.: �� t TIMOTHY J. HOGG, CONFESSION OF JUDGMENT Defendant CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF LANCASTER Matthew C. Samley, Esquire, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief, the addresses of the judgment creditor and the judgment debtor in the above - captioned proceeding are as follows: Plaintiff Defendant Community First Fund Timothy J. Hogg P.O. Box 524 322 Equus Drive 30 West Orange Street Camp Hill, PA 17011 Lancaster, PA 17608 REESE, SAMLEY, WAGENSELLER, c.� MECUM & LO GER, P.0 Date: Matthew C. Samley, E uire Attorneys for Plaintiff Sworn to aqd subscribed before me this *y day of 1=I1 , 2014. coMMOKweni tt+ of P sn NA NOTARIAL SEAT. NOTA PUBLIC HOPE S. GLIDDEN, N Pic Lancaster City, Lancaft COAV Commission 3, 0111 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW COMMUNITY FIRST FUND, Plaintiff VS. No.: TIMOTHY J. HOGG, CONFESSION OF JUDGMENT Defendant AFFIDAVIT OF COMMERCIAL TRANSACTION COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF YORK Gary R. Johnson, being duly sworn according to law, deposes and says that he is authorized to make this Affidavit for and on behalf of Community First Fund and that the transaction upon which Judgment is being entered by Confession was a business and commercial transaction. COMMUNITY FIRST FUND BY: ary R. o6nsj vice President �3 Sworn and subscribe to before me'_ ' thi day of JN(A v 2014. > CD c.� 7, C= _{ CD Notary Public < =r CO MMONWEALTH OF P ENNSYLVANIA NOTARIAL SEAL HOPE S. GLIDDEN, Notary Public Lancaster City, Lancaster County My Commission Expires May 3,20% x , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW COMMUNITY FIRST FUND, Plaintiff 2 vs. No.: J TIMOTHY J. HOGG, CONFESSION OF JUDGMENT Defendant AFFIDAVIT THAT ACTION DOES NOT ARISE OUT OF RETAIL INSTALLMENT CONTRACT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF LANCASTER Gary R. Johnson, being duly sworn according to law, deposes and says that he is authorized to make this Affidavit on behalf of Plaintiff; and that this is not an action by a seller, holder or assignee arising out of a retail installment sale, contract or account. COMM ITY F ST F l�q Date: 3 f a y R n, ice President of Loan Operations Sworn to and subscribed before me this '3 5T _ day of , 2014. (Z: C NOTA Y BLIC .r _ COM"ONVNALTH OFVENNSYLVANIA - y NOTARIAL SEAL c -= HOPE S. GLIDDEN, Notary Public C= C.0 < � Lancaster City, Lancaster County My Commission Fxp ies May 3 2016 - co David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant COMMUNITY FIRST FUND, Plaintiff v. TIMOTHY J. HOGG Defendant (li THE'PROTHONOTAR" ?Oh APR 28 PM t` .E?5 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA : NO. 14 -773 : CONFESSION OF JUDGMENT Defendant's Petition to Strike and /or Open Judgment 1. Plaintiff has confessed judgment based on a Guaranty and related documents. 2. It is denied that Defendant or the primary obligor is in default under the Note. 3. Defendant has tendered payment in full of all amounts that have come due under the Note. 4. The Primary obligor under the Note (Irish Restaurants, LP) enjoys protection under the United States Bankruptcy Code and has made adequate provision for payment of all amounts as they come due through the bankruptcy process. 5. Plaintiff's judgment would by -pass the bankruptcy process. 6. Plaintiff's attorney fee claim is unreasonable and not reasonably related to Plaintiffs' actual attorney fees. 7. Upon information and belief, it is denied that Plaintiff has incurred attorney fees approaching $ 10,000.00. 8. Less than thirty days have elapsed since Plaintiff served a Notice pursuant to Rule 2958. 9. No judge has issued an Order in this case. 10. Pursuant to Rule 208, Defendants have provided an advance copy of this Petition to Plaintiff, and Plaintiff has not concurred in this Petition. Wherefore, Defendants request that this Court enter an Order Striking Plaintiff's judgment or, in the alternative, opening Plaintiff's judgment. Respectfully submitted, Dated: `-. I ti6 (t `f David J. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730 -3775 Attorney for Defendant 2 Verification I, Timothy Hogg, verify that the statements contained in this Petition are true and correct to the best of my knowledge, information and belief. I make these statements subject to the penalties of 18 Pa.C.S.A. 4901, relating to =sworn falsification to authorities. c Timothy Hogg 3 CERTIFICATE OF SERVICE AND NOW, this, b st day of April, 2014, I hereby certify that I have served a copy of the foregoing document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Matthew Samley, Esquire 120 North Shippen Street Lancaster, PA 17602 By: COMMUNITY FIRST FUND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2014-0773 CIVIL TIMOTHY J. HOGG, Defendant RULE TO SHOW CAUSE r AND NOW,this ! day of May, 2014, in consideration of the Defendant's Petition to Strike and/or Open Judgment: 1. A rule is issued upon the plaintiff to show cause why the relief requested ought not to be granted; 2. the plaintiff shall file an answer to the petition within twenty (20) days of service; 3. depositions shall be completed within forty-five (45) days; 4. the petition shall be decided under Pa. R.C.P. No. 206.7; 5. argument is set for June 24, 2014, at 11:00 a.m. in Courtroom Number 4; and 6. notice of the entry of this order shall be provided to all parties by the defendant. BY THE COURT, Kevin Hess, P. J. �i rnw ,�` c. � zrn . LtlortL1W M-1 -< X p _: Matthew C. Samley, Esquire REESE, SAMLEY, WAGENSELLER, MECUM & LONGER, P.C. 120 North Shippen Street Lancaster, PA 17602 (717) 393-0671 Attorney I.D. No.: 65442 ,'4Y it ki 1(: L'© ERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW COMMUNITY FIRST FUND, Plaintiff vs. TIMOTHY J. HOGG, Defendant No.: 2014-0773 ANSWER TO DEFENDANT'S PETITION TO STRIKE AND/OR OPEN JUDGMENT Community First Fund, by and through its counsel, Reese, Samley, Wagenseller, Mecum & Longer, P.C., herewith files an Answer to Defendant's Petition to Strike and/or Open Judgment and responds as follows: 1. Admitted. 2. Denied. Defendant and primary obligor are both in default under the Note and Guaranty respectively. The parties are currently 235 days delinquent as of the date of this Answer to Defendant's Petition. 3. Denied. Defendant has not tendered payment in full of all amounts that have come due under the Note. A payment history reveals that the following is owed as of this date: Principal - $102,986.64; Interest - $3,015.21; Fees - $605.74; Total - $106,607.59. A copy of the payment history is attached hereto and made a part hereof as Exhibit "A". 4. Denied. Irish Restaurants, LP has not made any provision for payment of all amounts as they come due, or have been due, to Plaintiff As of this date there has been no Disclosure Statement or Plan of Reorganization filed by Irish Restaurants, LP, who is currently in Chapter 11 with a proceeding pending in the Middle District of Pennsylvania Bankruptcy Court. Regardless, any provision for payment by the primary obligor does not legally prevent the Plaintiff from pursuing the Defendant for redress at any time. 5. Denied. Plaintiff is entitled to enter judgment against the guarantors which include Defendant herein, while the Chapter 11 process is proceeding. 6. Denied. Plaintiffs attorney fee claim is reasonable. The warrant of attorney in the guarantor's confession of judgment is in all capital letters and is not particularly lengthy. The attorneys' fees provisions are clearly stated and were agreed to by the Defendant. There is no ambiguity to its provisions. Furthermore, the attorneys' fees provision in the warrant of attorney is explicit and contains no condition or limitation upon the entry of judgment by confession with respect to Plaintiff's claim of attorneys' fees. 7. Denied. Plaintiffs attorneys' fees are those which are allowed under the Guaranty. 8. Admitted. 9. Admitted. 10. Admitted. 2 WHEREFORE, Plaintiff requests this Honorable Court to deny Defendant's Petition to Strike and/or Open Judgment along with whatever further relief this Court deems just and appropriate. Date: ��f3/Ir Respectfully submitted, REESE, SAMLEY, WAGENSELLER MECUM & LONGER P.C. Matthew C. Samley, Es • dire Attorney I.D. No.: 65442 Attorneys for Defendants EXHIBIT "A" Community First Fund 30 West Orange St - PO Box 524 Lancaster, PA 17608 Work: (717)393-2351 Fax: (717)393-1757 Community First Fund Transaction Activity Between 1/1/2008, 5/13/2014, Selected Records Date Action Amount Incurred Paid Disbursed Capitalized Interest Fees Insurance Principal Interest Fees Insurance Writeoff Recovery Balance Loan #: 2008-01465 Account Name: Irish Restaurants Lp 12/29/2008 Commitment 160,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12/29/2008 Advance: Principal 160,000.00 160,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 160,000.00 12/31/2008 Interest 68.89 0.00 0.00 68.89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 160,000.00 01/31/2009 Interest 1,067.78 0.00 0.00 1,067.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 160,000.00 02/15/2009 Payment: Regular 1,935.84 0.00 0.00 516.67 0.00 0.00 282.50 1,653.34 0.00 0.00 0.00 0.00 159,717.50 02/28/2009 Interest 446.99 0.00 0.00 446.99 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159,717.50 03/15/2009 Payment: Regular 1,935.84 0.00 0.00 515.75 0.00 0.00 973.10 962.74 0.00 0.00 0.00 0.00 158,744.40 03/31/2009 Interest 546.79 0.00 0.00 546.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 158,744.40 04/15/2009 Payment: Regular 1,935.84 0.00 0.00 512.61 0.00 0.00 876.44 1,059.40 0.00 0.00 0.00 0.00 157,867.96 04/30/2009 Interest 509.78 0.00 0.00 509.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 157,867.96 05/15/2009 Payment: Regular 1,935.84 0.00 0.00 509.78 0.00 0.00 916.28 1,019.56 0.00 0.00 0.00 0.00 156,951.68 05/31/2009 Interest 540.61 0.00 0.00 540.61 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 156,951.68 06/15/2009 Payment: Regular 1,935.84 0.00 0.00 506.82 0.00 0.00 888.41 1,047.43 0.00 0.00 0.00 0.00 156,063.27 06/30/2009 Interest 503.95 0.00 0.00 503.95 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 156,063.27 07/15/2009 Payment: Regular 1,935.84 0.00 0.00 503.95 0.00 0.00 927.94 1,007.90 0.00 0.00 0.00 0.00 155,135.33 07/31/2009 Interest 534.35 0.00 0.00 534.35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 155,135.33 08/15/2009 Payment: Regular 1,935.84 0.00 0.00 500.96 0.00 0.00 900.53 1,035.31 0.00 0.00 0.00 0.00 154,234.80 08/31/2009 Interest 531.25 0.00 0.00 531.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 154,234.80 09/15/2009 Payment: Regular 1,935.84 0.00 0.00 498.05 0.00 0.00 906.54 1,029.30 0.00 0.00 0.00 0.00 153,328.26 09/30/2009 Interest 495.12 0.00 0.00 495.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 153,328.26 10/15/2009 Payment: Regular 1,935.84 0.00 0.00 495.12 0.00 0.00 945.60 990.24 0.00 0.00 0.00 0.00 152,382.66 10/31/2009 Interest 524.87 0.00 0.00 524.87 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 152,382.66 11/15/2009 Payment: Regular 1,935.84 0.00 0.00 492.07 0.00 0.00 918.90 1,016.94 0.00 0.00 0.00 0.00 151,463.76 11/30/2009 Interest 489.10 0.00 0.00 489.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 151,463.76 12/15/2009 Payment: Regular 1,935.84 0.00 0.00 489.10 0.00 0.00 957.64 978.20 0.00 0.00 0.00 0.00 150,506.12 12/31/2009 Interest 518.41 0.00 0.00 518.41 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,506.12 01/15/2010 Payment: Regular 1,935.84 0.00 0.00 486.01 0.00 0.00 931.42 1,004.42 0.00 0.00 0.00 0.00 149,574.70 01/31/2010 Interest 515.20 0.00 0.00 515.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 149,574.70 02/15/2010 Payment: Regular 1,935.84 0.00 0.00 483.00 0.00 0.00 937.64 998.20 0.00 0.00 0.00 0.00 148,637.06 02/28/2010 Interest 415.98 0.00 0.00 415.98 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 148,637.06 03/15/2010 Payment: Regular 1,935.84 0.00 0.00 479.97 0.00 0.00 1,039.89 895.95 0.00 0.00 0.00 0.00 147,597.17 03/31/2010 Interest 508.39 0.00 0.00 508.39 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 147,597.17 04/15/2010 Payment: Regular 1,935.84 0.00 0.00 476.62 0.00 0.00 950.83 985.01 0.00 0.00 0.00 0.00 146,646.34 04/30/2010 Interest 473.55 0.00 0.00 473.55 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 146,646.34 05/15/2010 Payment: Regular 1,935.84 0.00 0.00 473.55 0.00 0.00 988.74 947.10 0.00 0.00 0.00 0.00 145,657.60 5/13/2014 4:07:09 PM Page #: 1 Community First Fund 30 West Orange St - PO Box 524 Lancaster, PA 17608 Work; (717)393-2351 Fax: (717)393-1757 Community First Fund Transaction Activity Between 1/1/2008, 5/13/2014, Selected Records Incurred Paid Date Action Amount Disbursed Capitalized Interest Fees Insurance Principal Interest Fees Insurance Writeoff Recovery Balance 05/31/2010 Interest 501.71 0.00 0.00 501.71 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 145,657.60 06/15/2010 Payment: Regular 1,935.84 0.00 0.00 470.35 0.00 0.00 963.78 972.06 0.00 0.00 0.00 0.00 144,693.82 06/30/2010 Interest 467.24 0.00 0.00 467.24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 144,693.82 07/15/2010 Payment: Regular 1,935.84 0.00 0.00 467.24 0.00 0.00 1,001.36 934.48 0.00 0.00 0.00 0.00 143,692.46 07/31/2010 Interest 494.94 0.00 0.00 494.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 143,692.46 08/15/2010 Payment: Regular 1,935.84 0.00 0.00 464.01 0.00 0.00 976.89 958.95 0.00 0.00 0.00 0.00 142,715.57 08/31/2010 Interest 491.58 0.00 0.00 491.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 142,715.57 09/15/2010 Payment: Regular 1,935.84 0.00 0.00 460.85 0.00 0.00 983.41 952.43 0.00 0.00 0.00 0.00 141,732.16 09/30/2010 Interest 457.68 0.00 0.00 457.68 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 141,732.16 10/15/2010 Payment: Regular 1,935.84 0.00 0.00 457.68 0.00 0.00 1,020.48 915.36 0.00 0.00 0.00 0.00 140,711.68 10/31/2010 Interest 484.67 0.00 0.00 484.67 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 140,711.68 11/15/2010 Payment: Regular 1,935.84 0.00 0.00 454.38 0.00 0.00 996.79 939.05 0.00 0.00 0.00 0.00 139,714.89 11/30/2010 Interest 451.16 0.00 0.00 451.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 139,714.89 12/15/2010 Payment: Regular 1,935.84 0.00 0.00 451.16 0.00 0.00 1,033.52 902.32 0.00 0.00 0.00 0.00 138,681.37 12/31/2010 Interest 477.68 0.00 0.00 477.68 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 138,681.37 01/15/2011 Payment: Regular 1,935.84 0.00 0.00 447.83 0.00 0.00 1,010.33 925.51 0.00 0.00 0.00 0.00 137,671.04 01/31/2011 Interest 474.20 0.00 0.00 474.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 137,671.04 02/15/2011 Payment: Regular 1,935.84 0.00 0.00 444.56 0.00 0.00 1,017.08 918.76 0.00 0.00 0.00 0.00 136,653.96 02/28/2011 Interest 382.44 0.00 0.00 382.44 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 136,653.96 03/15/2011 Payment: Regular 1,935.84 0.00 0.00 441.28 0.00 0.00 1,112.12 823.72 0.00 0.00 0.00 0.00 135,541.84 03/31/2011 Interest 466.87. 0.00 0.00 466.87 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 135,541.84 04/15/2011 Payment: Regular 1,935.84 0.00 0.00 437.69 0.00 0.00 1,031.28 904.56 0.00 0.00 0.00 0.00 134,510.56 04/30/2011 Interest 434.36 0.00 0.00 434.36 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 134,510.56 05/15/2011 Payment: Regular 1,935.84 0.00 0.00 434.36 0.00 0.00 1,067.12 868.72 0.00 0.00 0.00 0.00 133,443.44 05/31/2011 Interest 459.64 0.00 0.00 459.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 133,443.44 06/15/2011 Payment: Regular 1,935.84 0.00 0.00 430.91 0.00 0.00 1,045.29 890.55 0.00 0.00 0.00 0.00 132,398.15 06/30/2011 Interest 427.54 0.00 0.00 427.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 132,398.15 07/15/2011 Payment: Regular 1,935.84 0.00 0.00 427.54 0.00 0.00 1,080.76 855.08 0.00 0.00 0.00 0.00 131,317.39 07/31/2011 Interest 452.32 0.00 0.00 452.32 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 131,317.39. 08/15/2011 Payment: Regular 1,935.84 0.00 0.00 424.05 0.00 0.00 1,059.47 876.37 0.00 0.00 0.00 0.00 130,257.92 08/31/2011 Interest 448.67 0.00 0.00 448.67 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 130,257.92 09/15/2011 Payment: Regular 1,935.84 0.00 0.00 420.62 0.00 0.00 1,066.55 869.29 0.00 0.00 0.00 0.00 129,191.37 09/30/2011 Interest 417.18 0.00 0.00 417.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 129,191.37 10/15/2011 Payment: Regular 1,935.84 0.00 0.00 417.18 0.00 0.00 1,101.48 834.36 0.00 0.00 0.00 0.00 128,089.89 10/31/2011 Interest 441.20 0.00 0.00 441.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 128,089.89 11/15/2011 Payment: Regular 1,935.84 0.00 0.00 413.62 0.00 0.00 1,081.02 854.82 0.00 0.00 0.00 0.00 127,008.87 5/13/2014 4:07:09 PM Page #: 2 Community First Fund 30 West Orange St - PO Box 524 Lancaster, PA 17608 Work: (717)393-2351 Fax: (717)393-1757 Community First Fund �•� Transaction Activity Between 1/1/2008, 5/13/2014, Selected Records Date Action Amount Incurred Disbursed Capitalized Interest Fees Insurance Paid Principal Interest Fees Insurance Writeoff Recovery Balance 11/30/2011 Interest 410.13 0.00 0.00 410.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 127,008.87 12/15/2011 Payment: Regular 1,935.84 0.00 0.00 410.13 0.00 0.00 1,115.58 820.26 0.00 0.00 0.00 0.00 125,893.29 12/31/2011 Interest 433.63 0.00 0.00 433.63 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 125,893.29 01/15/2012 Payment: Regular 1,935.84 0.00 0.00 406.53 0.00 0.00 1,095.68 840.16 0.00 0.00 0.00 0.00 124,797.61 01/20/2012 Reverse -1,935.84 0.00 0.00 -406.53 0.00 0.00 -1,095.68 -840.16 0.00 0.00 0.00 0.00 125,893.29 01/20/2012 Fee: NSF 25.00 0.00 0.00 0.00 25.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 125,893.29 01/20/2012 Fee: Late 193.58 0.00 0.00 0.00 193.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 125,893.29 01/20/2012 Fee: Late 193.58 0.00 0.00 0.00 193.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 125,893.29 01/31/2012 Interest 840.16 0.00 0.00 840.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 125,893.29 02/15/2012 Payment: Regular 1,935.84 0.00 0.00 406.53 0.00 0.00 0.00 1,680.32 255.52 0.00 0.00 0.00 125,893.29 02/29/2012 Interest 379.43 0.00 0.00 379.43 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 125,893.29 03/15/2012 Payment: Regular 1,935.84 0.00 0.00 406.53 0.00 0.00 993.24 785.96 156.64 0.00 0.00 0.00 124,900.05 03/31/2012 Interest 430.21 0.00 0.00 430.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 124,900.05 04/10/2012 Reverse -193.58 0.00 0.00 -0.90 -193.58 0.00 193.81 -0.23 -193.58 0.00 0.00 0.00 124,706.24 04/15/2012 Payment: Regular 1,935.84 0.00 0.00 402.70 0.00 0.00 1,103.60 832.24 0.00 0.00 0.00 0.00 123,602.64 04/19/2012 Reverse -1,935.84 0.00 0.00 -402.70 0.00 0.00 -1,103.60 -832.24 0.00 0.00 0.00 0.00 124,706.24 04/19/2012 Fee: NSF 25.00 0.00 0.00 0.00 25.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 124,706.24 04/20/2012 Fee: Late 193.58 0.00 0.00 0.00 193.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 124,706.24 04/27/2012 Payment: Regular 538.60 0.00 0.00 724.86 0.00 0.00 0.00 538.60 0.00 0.00 0.00 0.00 124,706.24 04/30/2012 Interest 80.54 0.00 0.00 80.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 124,706.24 05/15/2012 Payment: Regular 1,935.84 0.00 0.00 402.70 0.00 0.00 618.22 1,099.04 218.58 0.00 0.00 0.00 124,088.02 05/29/2012 Payment: Regular 538.60 0.00 0.00 373.99 0.00 0.00 164.61 373.99 0.00 0.00 0.00 0.00 123,923.41 05/31/2012 Interest 53.36 0.00 0.00 53.36 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 123,923.41 06/15/2012 Payment: Regular 1,935.84 0.00 0.00 400.17 0.00 0.00 1,482.31 453.53 0.00 0.00 0.00 0.00 122,441.10 06/27/2012 Payment: Regular 538.60 0.00 0.00 316.31 0.00 0.00 222.29 316.31 0.00 0.00 0.00 0.00 122,218.81 06/30/2012 Interest 78.93 0.00 0.00 78.93 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 122,218.81 07/15/2012 Payment: Regular 1,935.84 0.00 0.00 394.66 0.00 0.00 1,462.25 473.59 0.00 0.00 0.00 0.00 120,756.56 07/27/2012 Payment: Regular 536.62 0.00 0.00 311.95 0.00 0.00 224.67 311.95 0.00 0.00 0.00 0.00 120,531.89 07/31/2012 Interest 103.79 0.00 0.00 103.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 120,531.89 08/15/2012 Payment: Regular 1,935.84 0.00 0.00 389.22 0.00 0.00 1,442.83 493.01 0.00 0.00 0.00 0.00 119,089.06 08/31/2012 Interest 410.20 0.00 0.00 410.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 119,089.06 09/15/2012 Payment: Regular 1,935.84 0.00 0.00 384.56 0.00 0.00 1,141.08 794.76 0.00 0.00 0.00 0.00 117,947.98 09/27/2012 Payment: Regular 431.28 0.00 0.00 304.70 0.00 0.00 126.58 304.70 0.00 0.00 0.00 0.00 117,821.40 09/30/2012 Interest 76.09 0.00 0.00 76.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 117,821.40 10/15/2012 Payment: Regular 1,935.84 0.00 0.00 380.46 0.00 0.00 1,479.29 456.55 0.00 0.00 0.00 0.00 116,342.11 10/27/2012 Payment: Regular 431.28 0.00 0.00 300.55 0.00 0.00 130.73 300.55 0.00 0.00 0.00 0.00 116,211.38 5/13/2014 4:07:09 PM Page #: 3 Community First Fund 30 West Orange St - PO Box 524 Lancaster, PA 17608 Work: (717)393-2351 Fax: (717)393-1757 Community First Fund Transaction Activity Between 1/1/2008, 5/13/2014, Selected Records Incurred Paid Date Action Amount Disbursed Capitalized Interest Fees Insurance Principal Interest Fees Insurance Writeoff Recovery Balance 10/31/2012 Interest 100.07 0.00 0.00 100.07 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 116,211.38 11/15/2012 Payment: Regular 1,935.84 0.00 0.00 375.27 0.00 0.00 1,460.50 475.34 0.00 0.00 0.00 0.00 114,750.88 11/27/2012 Payment: Regular 431.28 0.00 0.00 296.44 0.00 0.00 134.84 296.44 0.00 0.00 0.00 0.00 114,616.04 11/30/2012 Interest 74.02 0.00 0.00 74.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 114,616.04 12/15/2012 Payment: Regular 1,935.84 0.00 0.00 370.11 0.00 0.00 1,491.71 444.13 0.00 0.00 0.00 0.00 113,124.33 12/27/2012 Payment: Regular 431.28 0.00 0.00 292.24 0.00 0.00 139.04 292.24 0.00 0.00 0.00 0.00 112,985.29 12/31/2012 Interest 97.29 0.00 0.00 97.29 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 112,985.29 01/15/2013 Payment: Regular 1,935.84 0.00 0.00 364.85 0.00 0.00 1,473.70 462.14 0.00 0.00 0.00 0.00 111,511.59 01/27/2013 Payment: Regular 431.30 0.00 0.00 288.07 0.00 0.00 143.23 288.07 0.00 0.00 0.00 0.00 111,368.36 01/31/2013 Interest 95.90 0.00 0.00 95.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 111,368.36 02/15/2013 Payment: Regular 1,935.84 0.00 0.00 359.63 0.00 0.00 1,480.31 455.53 0.00 0.00 0.00 0.00 109,888.05 02/28/2013 Interest 307.53 0.00 0.00 307.53 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 109,888.05 03/15/2013 Payment: Regular 1,935.84 0.00 0.00 354.85 0.00 0.00 1,273.46 662.38 0.00 0.00 0.00 0.00 108,614.59 03/31/2013 Interest 374.12 0.00 0.00 374.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 108,614.59 04/15/2013 Payment: Regular 1,935.84 0.00 0.00 350.73 0.00 0.00 1,210.99 724.85 0.00 0.00 0.00 0.00 107,403.60 04/30/2013 Interest 346.82 0.00 0.00 346.82 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 107,403.60 05/15/2013 Payment: Regular 1,935.84 0.00 0.00 346.82 0.00 0.00 1,242.20 693.64 0.00 0.00 0.00 0.00 106,161.40 05/31/2013 Interest 365.67 0.00 0.00 365.67 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 106,161.40 06/15/2013 Payment: Regular 1,935.84 0.00 0.00 342.81 0.00 0.00 1,227.36 708.48 0.00 0.00 0.00 0.00 104,934.04 06/30/2013 Interest 338.85 0.00 0.00 338.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 104,934.04 07/15/2013 Payment: Regular 1,935.84 0.00 0.00 338.85 0.00 0.00 1,258.14 677.70 0.00 0.00 0.00 0.00 103,675.90 07/31/2013 Interest 357.11 0.00 0.00 357.11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103,675.90 08/15/2013 Payment: Regular 1,935.84 0.00 0.00 334.79 0.00 0.00 1,243.94 691.90 0.00 0.00 0.00 0.00 102,431.96 08/19/2013 Reverse -1,935.84 0.00 0.00 -334.79 0.00 0.00 -1,243.94 -691.90 0.00 0.00 0.00 0.00 103,675.90 08/19/2013 Fee: NSF 25.00 0.00 0.00 0.00 25.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103,675.90 08/20/2013 Fee: Late 193.58 0.00 0.00 0.00 193.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103,675.90 08/31/2013 Interest 691.89 0.00 0.00 691.89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103,675.90 09/15/2013 Payment: Regular 1,935.84 0.00 0.00 334.79 0.00 0.00 333.47 1,383.79 218.58 0.00 0.00 0.00 103,342.43 09/19/2013 Reverse -1,935.84 0.00 0.00 -334.79 0.00 0.00 -333.47 -1,383.79 -218.58 0.00 0.00 0.00 103,675.90 09/19/2013 Fee: NSF 25.00 0.00 0.00 0.00 25.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103,675.90 09/20/2013 Fee: Late 193.58 0.00 0.00 0.00 193.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103,675.90 09/30/2013 Interest 669.57 0.00 0.00 669.57 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103,675.90 10/15/2013 Payment: Regular 1,935.84 0.00 0.00 334.79 0.00 0.00 0.00 1,935.84 0.00 0.00 0.00 0.00 103,675.90 10/31/2013 Interest 357.11 0.00 0.00 357.11 11/15/2013 Payment: Regular 1,935.84 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103,675.90 0.00 0.00 334.79 0.00 0.00 689.26 809.42 437.16 0.00 0.00 0.00 102,986.64 11/30/2013 Interest 332.56 0.00 0.00 332.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102,986.64 5/13/2014 4:07:09 PM Page #: 4 Community First Fund 30 West Orange St - P© Box 524 Lancaster, PA 17608 Work: (717)393-2351 Fax: (717)393-1757 Community First Fund Transaction Activity Between 1/1/2008, 5/13/2014, Selected Records Incurred Paid Date Action Amount Disbursed Capitalized Interest Fees Insurance Principal Interest Fees Insurance Writeoff Recovery Balance 12/15/2013 Payment: Regular 1,935.84 0.00 0.00 332.56 0.00 0.00 1,270.72 665.12 0.00 0.00 0.00 0.00 101,715.92 12/19/2013 Reverse -1,935.84 0.00 0.00 -332.56 0.00 0.00 -1,270.72 -665.12 0.00 0.00 0.00 0.00 102,986.64 12/19/2013 Fee: NSF 25.00 0.00 0.00 0.00 25.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102,986.64 12/31/2013 Interest 687.29 0.00 0.00 687.29 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102,986.64 01/31/2014 Interest 687.29 0.00 0.00 687.29 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102,986.64 02/20/2014 Fee: Late 193.58 0.00 0.00 0.00 193.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102,986.64 02/28/2014 Interest 620.78 0.00 0.00 620.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102,986.64 03/20/2014 Fee: Late 193.58 0.00 0.00 0.00 193.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102,986.64 03/31/2014 Interest 687.29 0.00 0.00 687.29 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102,986.64 04/20/2014 Fee: Late 193.58 0.00 0.00 0.00 193.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102,986.64 Loan Totals 160,000.00 0.00 53,971.73 1,480.06 0.00 57,013.36 50,956.52 874.32 0.00 0.00 0.00 102,986.64 Summary Totals 160,000.00 0.00 53,971.73 1,480.06 0.00 57,013.36 50,956.52 874.32 0.00 0.00 0.00 102,986.64 # of Loans with activity: 1 # of Loans with no activity: 0 Page #: 5 5/13/2014 4:07:09 PM VERIFICATION I, Gary Johnson, on behalf of Community First Fund of which I am the Vice President of Loan Administration verify that the statements made in the foregoing Answer to Petition to Strike and/or Open Judgment are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Xi& Bv: eeA Gary Jdlfinsor Vice President of Loan Administration Community First Fund 30 West Orange Street Lancaster, PA 17608 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Answer to Petition to Strike and/or Open Judgment upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure and/or the Local Rules of Court. Service by First Class Mail addressed as follows: Date: ,3-7(.3/P( David J. Lanza, Esquire 2132 Market Street Camp Hill, PA 17011 REESE, SAMLEY, WAGENSELLER, MECUM & LONGER, P.C. Matthew C. Samley, Es Attorneys for Defendants Attorney I.D. #65442 120 North Shippen Street Lancaster, PA 17602 (717) 393-0671 Ul David J.Lanza Attorney I.D.No. 55782 2132 Market Street Camp Hill,PA 17011 "U PES+NSYLVAQ 1;'A (717)730-3775 Attorney for Defendant COMMUNITY FIRST FUND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PA V. NO. 14-773 TIMOTHY J. HOGG Defendant CIVIL ACTION— LAW Defendant's Motion for Continuance 1. Defendant has filed a Petition to Strike and/or Open the judgment in this case. 2. A hearing is scheduled for June 24, 2014. 3. The parties are in the midst of negotiating a resolution to this matter. 4. The proposed resolution requires financing arrangements and resolution of certain matters in the United States Bankruptcy Court that most likely will not be completed prior to June 24, 2014. 5. The parties require a continuance in order to complete the negotiations on the proposed settlement and effectuate a resolution. 6. The parties have agreed to seek a thirty day continuance from this Court. 7. Pursuant to Rule 208, Defendants have provided an advance copy of this Petition to Plaintiff, and Plaintiff has concurred in this Petition. 8. The Honorable Judge Hess has issued prior rulings in this matter. Wherefore, Defendants request that this Court enter an Order extending all deadlines in this case by thirty days. Respectfully submitted, Dated: David J. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendants 2 CERTIFICATION PURSUANT TO RULE 208 And now, this 17th day of June 2014, the undersigned hereby certifies that he served an advance copy of this Motion upon counsel for Plaintiff and that Plaintiff concurs in this Motion. David Lanza CERTIFICATE OF SERVICE AND NOW, this 17th day of June, 2014, I hereby certify that I have served a copy of the foregoing document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Matthew Samley, Esquire 120 North Shippen Street Lancaster, PA 17602 By: David Lanza 4 David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant COMMUNITY FIRST FUND, Plaintiff v. TIMOTHY J. HOGG Defendant f.0 .i_J"tryJ i_iiMi: OF HE PRU1 HO N t 1 Ai i 2U 1 R, JUN 19 P.H 2: `5 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA : NO. 14-773 : CONFESSION OF JUDGMENT ORDER AND NOW, this /`f ' day of June, 2014, upon concurrence of both parties, this Court's Order of May 8. 2014 is hereby amended so that all time deadlines are extended for a period of thirty (30) days. By the Court: Distribution: David Lanza, 2132 Market Street, Camp Hill, PA 17011 Matthew Samley, 120 North Shippen Street, Lancaster, PA 17602 eo , es, ra, Lam. David J.Lanza Attorney I.D.No. 55782 f 2132 Market Street Camp Hill, PA 17011 (717)730-3775 1 Attorney for Defendant COMMUNITY FIRST FUND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PA V. NO. 14-773 TIMOTHY J. HOGG, Defendant CIVIL ACTION—LAW Defendant's Motion for Continuance 1. Defendant has filed a Petition to Strike and/or Open the judgment in this case. 2. A hearing was scheduled for June 24, 2014, which hearing was continued for thirty (30) days pursuant to an Order of this Court dated June 19, 2014. 3. The parties remain in the process of arranging a resolution to this matter. 4. The likely resolution in this case will not occur until after the time established in the Order of June 19, 2014. 5. The parties require a continuance in order to effectuate a resolution. 6. The parties have agreed to seek a sixty (60) day continuance from this Court. 7. Pursuant to Rule 208, Defendants have provided an advance copy of this Petition to Plaintiff, and Plaintiff has concurred in this Petition. 8. The Honorable Judge Hess has issued prior rulings in this matter. Wherefore, Defendants request that this Court enter an Order extending all deadlines in this case by sixty days. Respectfully submitted, Dated: I `f David J. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendants 2 CERTIFICATION PURSUANT TO RULE 208 And now, this 17th day of June 2014, the undersigned hereby certifies that he served an advance copy of this Motion upon counsel for Plaintiff and that Plaintiff concurs in this Motion. — )q� David Lanza CERTIFICATE OF SERVICE AND NOW, thiAl A day of July, 2014, I hereby certify that I have served a copy of the foregoing document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Matthew Samley, Esquire 120 North Shippen Street Lancaster, PA 17602 By: David Lanza 4 David J. Lanza Attorney LD. No. 55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant COMMUNITY FIRST FUND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PA v. TIMOTHY J. HOGG Defendant : NO. 14-773 : CONFESSION OF JUDGMENT ORDER AND NOW, this Z 'VI day of July, 2014, upon concurrence of both parties, this Court's Orders of May 8. 2014 and June 19, 2014 are hereby amended so that all time deadlines are extended for a period of sixty (60) days. Distribution: By the Court: ''(avid Lanza, 2132 Market Street, Camp Hill, PA 17011 atthew Samley, 120 North Shippen Street, Lancaster, PA 17602 7/..p9' -03 rn co rn cot— ..< D. r. < cz) c-) --4 r- tiP ar; David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant COMMUNITY FIRST FUND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PA v. TIMOTHY J. HOGG, Defendant : NO. 14-773 : CIVIL ACTION — LAW Defendant's Motion for Continuance C) (J) Defendant rri -1Z) Defendant has filed a Petition to Strike and/or Open the judgment in this case. 2. A hearing was scheduled for June 24, 2014, which hearing has been continued on two separate occasions by Order of this Court and with concurrence of both parties. 3. The parties remain in the process of arranging a resolution to this matter. 4. The likely resolution in this case involves the sale of the major asset in which the Plaintiff holds a secured interest. 1 5. The parties are attempting to sell this asset at this time, which sale should provide funds to pay the debt in this case. 6. The parties have agreed to seek an indefinite continuance from this Court pending sale of the asset in question. Dated: 7. Pursuant to Rule 208, Defendants have provided an advance copy of this Petition to Plaintiff, and Plaintiff has concurred in this Petition. 8. The Honorable Judge Hess has issued prior rulings in this matter. Wherefore, Defendant requests that this Court enter an Order extending all deadlines in this case and continuing the proceedings until either party requests that a new hearing be scheduled. 2 Respectfully submitted, David J. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant CERTIFICATION PURSUANT TO RULE 208 And now, this 22nd day of September 2014, the undersigned hereby certifies that he served an advance copy of this Motion upon counsel for Plaintiff and that Plaintiff concurs in this Motion. CERTIFICATE OF SERVICE AND NOW, this 22nd day of September, 2014, I hereby certify that I have served a copy of the foregoing document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Matthew Samley, Esquire 120 North Shippen Street Lancaster, PA 17602 By: 4 David Lanza David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant COMMUNITY FIRST FUND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PA TIM HOGG v. Defendant : NO. 14-773 : CONFESSION OF JUDGMENT ORDER AND NOW, this Z3 day of September, 2014, upon concurrence of both parties, this Court's Order of July 22. 2014 is hereby amended so that all time deadlines are continued until either party requests a hearing. By the Court: Distribution: David Lanza, 2132 Market Street, Camp Hill, PA 17011 t•Matthew Samley, 120 North Shippen Street, Lancaster, PA 17602 l'es n2-a4tcL ryt J.