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HomeMy WebLinkAbout14-0789 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. q- CAPITOL PROPERTY MAN, AGEMENT, Y r - INC., CAPITOL RENOVATION & SUPPLY INC., and ERIC J. DESROSIERS : , Defendants :CIVIL ACTION -LAW a CONFESSION OF JUDGMENT Pursuant to the authority contained in the Note attached as Exhibit A to the Complaint and pursuant to the authority contained in the Guaranty attached as Exhibit B to the Complaint filed in the above captioned case, we appear for Defendants, Capitol Property Management, Inc. and Capitol Renovation & Supply, Inc. and Eric J. Desrosiers, jointly and severally, and confess judgment against them in favor of Plaintiff, Integrity Bank, as follows: Principal: $ 138,744.05 Accrued Interest: $ 484.76 Other Fees $ 90.50 Attorney's Fees (10% commission): $ 13 874.41 Total: $ 153,193.72* *along with interest accruing at the current per diem rate of $23.085468319 from January 14, 2014 until paid in full, plus costs (the "Indebtedness "). McNEES WALLACE & NURICK LLC Date: February 7, 2014 By Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 (717) 260 -1678 (Direct Fax) (717) 232 -8000 (Phone) cdavidsongmwn.com Attorneys for Plaintiff, Integrity Bank Clayton W. Davidson 21 FEB E I AN PA Attorney I.D. No. 79139.' McNees Wallace & Nurick LLC CUMBERLAND COUN 100 Pine Street - P.O. Box 1166 PENNSYLVANIA Harrisburg, PA 17108 -1166 (717) 260 -1678 (Direct Fax) (717) 232 -8000 (Phone) cdavidson(a,mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. _ lU� CAPITOL PROPERTY MANAGEMENT, INC., CAPITOL RENOVATION & SUPPLY, INC., and ERIC J. DESROSIERS : Defendants : CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Integrity Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff, Integrity Bank (the "Bank "), is a Pennsylvania banking institution with its principal place of business at 3345 Market Street, Camp Hill, Pennsylvania 17011. 2. Defendant, Capitol Property Management, Inc., is a Pennsylvania corporation with a business address at 110 3rd Street, Suite 200, New Cumberland, Pennsylvania 17070. 3. Defendant, Capitol Renovation & Supply, Inc., is a Pennsylvania corporation with a business address at 110 3` Street, Suite 200, New Cumberland, Pennsylvania 17070. 4. Defendant, Eric J. Desrosiers, is an adult individual with a last known address at 808 Michigan Avenue, Lemoyne, Pennsylvania 17043. 5. On June 25, 2010, the Bank loaned Capitol Property Management, Inc. and Capitol Renovation & Supply, Inc. (collectively, the "Borrowers ") $149,000.00 (the "Loan ") for a business purpose as evidenced by a Promissory Note (the "Note "). Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note (less any applicable tax identification numbers). 6. The indebtedness evidenced by the Note was guaranteed by the Eric J. Desrosiers (the "Guarantor ") pursuant to a Commercial Guaranty (the "Guaranty ") executed by the Guarantor in favor of the Lender. Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Guaranty. 7. Borrowers have defaulted under the Note by failing to make the payments when due thereunder since on or before July 25, 2013. 8. The Note provides that Lender may confess judgment against the Borrowers after a default thereunder for the entire principal balance due and owing under the Loan along with accrued interest, late fees, costs of suit and an attorney's commission of 10% of the unpaid principal balance. 9. The Guaranty provides that Lender may confess judgment against the Guarantor at any time after the amounts thereunder become due for the entire principal balance due and owing under the Loan along with accrued interest, late fees, costs of suit and an attorney's commission of 10% of the unpaid principal balance. 10. The total sum due and owing under the Note and the Guaranty, as of January 14, 2014, is itemized as follows: Principal: $ 138,744.05 Accrued Interest: $ 484.76 Other Fees $ 90.50 Attorney's Fees (10% commission): $ 13,874.41 Total: $ 153,193.72* *along with interest accruing at the current per diem rate of $23.085468319 from January 14, 2014 until paid in full, plus costs (the "Indebtedness "). 11. All conditions precedent have been satisfied to allow the Bank to confess judgment against the Borrowers under the Note and against the Guarantor under the Guaranty. 12. The Bank is the holder of the Note and the Guaranty. 13. The Note and the Guaranty were executed and delivered in connection with a business transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 14. Judgment has not been confessed or entered under the Note in any other jurisdiction. 15. The 10% attorney's fee commission included in the confessed judgment is authorized under the Note and the Guaranty and said percentage is being used to calculate a sum certain for purposes of confessing judgment; however, the Bank will only seek and recover its actual and reasonable attorney's fees for costs of collection in this matter. WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Court to enter judgment by confession against Capitol Property Management, Inc. and Capitol Renovation & Supply, Inc. and Eric J. Desrosiers, jointly and severally, in the amount of $153,193.72 along with interest accruing at the per diem rate of $23.085468319 from January 14, 2014 until paid in full, plus costs. McNEES WALLACE & NURICK LLC Date: February 7, 2014 By at � � - Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 (717) 260 -1678 (Direct Fax) (717) 232 -8000 (Phone) cdavidsongmwn.com Attorneys for Plaintiff, Integrity Bank VERIFICATION I, E. Dennis Ginder, Senior Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. E. Dennis Ginder, Senior Vice President s L ., �xhibit A PROMISSORY NOTE iii :..:::.....:;:.:: �: >::: > :::::::::::..::....::.:... ...:.....:.:. >:;; >::::::� <� .:..:...;..:.;::� : : ;::><:_>::::::<::»;>:::::< >::..;:..::..:>: :.;.:.:::.::;.:;:<;;;>;:::::<:>:::;:::•;:.....::::...;:::...:;.:;::..::;::;:;.::;:.:::::::;;::.;::.:::..:.:.:;:.;:..:;..:.....:.;;::::_:_:.:.;:::.:..:,:...:. ::.:::.::.:....:..:. ::....:.... ....:....::.... . �y :.::.. �}'{ r� x::: ?:>.::;: ki:: i :::::::::::::::•> s.:::..:.: u;< .::::c ^:;::::::r:r>:;:.r.:;ir.: :::;:;;::;:::a ;` ::y:::: ?:i5i: ?r >::::t:::s ...: ... is . : :::: . : . n �.. F,.:{ IF:, ii:: v::: r::.: r:::: n.::. v..::...:::v::v.: 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: Capitol Property Managment Inc Lender Integrity Bank Capitol Hill Office Renovation &'Supply Inc 3345 Market Street Camp Hill, PA 17011 110 3rd Street Suite 200 (717) 920 -4900 New Cumberland, PA 170702131 Principal Amount: $ 149,000.00 Date of Note: June 25, 2010 PROMISE TO PAY, Capitol Property Managment Inc and Capitol Renovation & Supply Inc ( "Borrower ") jointly and severally promise to pay to Integrity Bank ( "Lender "), or order, In lawful money of the United States of America, the principal amount of One Hundred Forty-nine Thousand & 001100 Dollars ($149,000.00), together with interest on the unpaid principal balance from June 25, 2010, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the index, Borrower will pay this loan in accordance with the following payment schedule, which calculates interest on the unpaid principal balances as described in the "INTEREST CALCULATION METHOD" paragraph using the interest rates described in this paragraph: 60 monthly consecutive principal and interest payments in the initial amount of $1,347:86 each, beginning July 25, 2010, with Interest calculated on the unpaid principal balances using an initial interest rate of 7.000% per annum based on a year of 360 days; and 120 monthly consecutive principal and interest payments In the initial amount of 51,229.80 each, beginning July 26, 2015, with interest calculated on the unpaid principal balances using an Interest rate based on the New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest ". The New York Prime Rate of Interest Is an index, and loans of the Bank may be established at, above or below the Index. The New York Prime Rate of Interest is not necessarily the Bank's lowest rate of interest. The interest rate shall float at New York Prime (currently 3.250 %), plus a margin of 1.000 %, adjusted If necessary for the minimum and maximum rate limitations for this loan, resulting In an initial Interest rate of 5.000% per annum based on a year of 360 days. Borrower's final payment will be due on June 25, 2026 and will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this loan will be 7,000%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest ". The New York Prime Rate of Interest is an index, and loans of the Bank may be established at, above or below the index. The New York Prime Rate of interest is not necessarily the Bank's lowest rate of interest. The interest rate shall float at New York Prime (the "Index "). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each Day. Borrower understands that Lender may make loans based on other rates as well. The index currently is 3.250% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just- ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be less than 5.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the some amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651360 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. AA 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. AI) 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: Integrity Bank, 3314 Market Street Camp Hill, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding an additional 5.000 percentage point margin ( "Default Rate Margin "). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this Note would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. 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 fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. PROMISSORY NOTE (Continued) Page 2 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. Insolvency. The dissolution or termination of Borrower's existence as a going business, 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 under, any guaranty of the indebtedness evidenced by this Note. Change In Ownership. Any change in ownership of twenty -five percent (25%) or more of the common stock of Borrower. 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 Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) 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 Vial 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 Cumberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $29.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether chedkinq, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law, Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by a first mortgage on 207 Walnut Alley and 213 Market Street, New Cumberland, Cumberland County, Pennsylvania. CALL OPTION. The Banjo shall have a call option which may be exercised to be effective on each fifth anniversary of the date of closing, subject to ninety (90) days advance written notice to Borrower advising the Bank's election to call the obligation due. PATRIOT ACT. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, .FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WHETHER IT BE A DEPOSIT ACCOUNT OR A LOAN, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU, WE MAY ALSO ASK TO SEE YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS. CROSS COLLATERALIZEDICROSS DEFAULT. This loan also secures payment and performance of all other loans to Borrower or any guarantor. The word "Guarantor" means any guarantor, surety or accomondation party of any or all of the Loan, 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. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release security, with or without the substitution of new - Allateral; (d) apply such security and direct the order or manner of sale thereof, inciudin� hout limitation, any non- judicial sale permitted b , terms of the controlling security agreements, as Lender in its discretion may determim -,' (e) release, substitute, agree not to sue, or de*r'with any one or more of Borrower's sureties, PROMISSORY NOTE (Continued) Page 3 endorsers, or other guarantors on any terms or in any manner Lender may choose; and ff) determine how, when and what application of payments and credits shall be made on any other Indebtedness owing by such other Borrower. 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 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 (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH 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: CAPITOL P E t f NAGM INC Vic J. -- CreiistosleTs, President of Capitol Property Managment Inc CAPITOL R aVA"I 10 PLY..INC 1566 . Desrosiers, President of Capitol Renovation & Supply Inc ATTEST- 22(:: 1 Corporate Seal Secr to or A64etafif Secretary LENDER: INTEGRITY X ob K. ay, Executive Vi President USER PRO L_M00, Yom. 6.60.00.000 Cop,. Nv1,n0 PY„neW SNCbns, Ina 1591. 0010. M R10hu A.—W. • PA NAUNDINMOMPUD101C M-3502 PX15 DISCLG„JRE FOR CONFESSION OF J,�GMENT .'s i;;:;::::;;<isX';;;:.;,•,...:,' ::.. ,:::; :;:;.:;;.;:;.;::.>::;;::;:; :::.....::::....:::::.:.:::::::.:::::...::.....,..,.....................................,....................'...........:.:,:.:«. 1« vrL.. Na ...........,.... :......._a_L.. eau.......................... t�tt`..................er::...: ::.:::: :. :: :.::;: �;:: >. e`:: i': �3�'::: �::::::: �: 5%: �:: �' 4:<: �; %:ali�' iii :� :::MEM:::::::;:; 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 Capitol Property Managment Inc Lender Integrity Bank Camp Hill Office Capitol Renovation & Supply Inc 3345 Market Street Camp Hill, PA 17011 110 3rd Street Suite 200 (717) 920 -4900 New Cumberland, PA 170702131 Declarant Capitol Property Managment Inc 110 3rd Street Suite 200 New Cumberland, PA 170702131 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS DAY OF 20 A PROMISSORY NOTE FOR $149,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE r, NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANT'S ATTENTION. DISCLOSURE FOR CONFESSION OF JUDGMENT (Continued) Page 2 THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: CAPITOL�P GPERT� AOiGMENT INC g ISea1) w1c J. Desrosiers, President of Capitol Property Managment Inc ATTEST: 1.,. Corporate Seal 1 Secr_ tary or s stant Semtar _ LASER PRO Lw OMO, Vr. 5.60.00.006 Cc, H,Imd Monai0 6111ft", Inc. 19%, 1010. M Right. R-1. PA KALENDINO UMPUD30 M TR3663 PR 25 DISCLC FOR CONFESSION OF 4 �GMENT 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. 0wrnxwwr/ Capitol Property Managment Inc Lander: Integrity nun« Camp Hill Office cmnno Renovation � oupn�mo °°°" =°�" St ' Camnnm px 17011 110 3rd Street Suite 200 (717) 920-4900 New Cumberland, pA 170702131 Declarant: Capital Renovation & Supply Inc 110 3rd Street Suite 000 New Cumberland, pA 170702131 DISCLOSURE FOR CONFESSION OF JUDGMENT �~— THE VmosnS/Gmsm IS EXECUTING ON BEHALF Op DECLARANT, Tnm ~~ I m�r op . �v� PROMISSORY NOTE FOR $149,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A THE uwosnm/mmsm UNDERSTANDS THAT THE mmTs cmmTA|mm A oompsmm/Om OF JUDGMENT rnmV|m/om THAT WOULD psnMrr LENDER TO ENTER JUDGMENT AGAINST DECLARANT /m COURT, AFTER A ospuucT om THE NOTE, WITHOUT ADVANCE NOTICE rp DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE BEING FULLY nm/AnsoposnLAnAmT'S RIGHTS To ADVANCE NOTICE AND Tom HEARING ro CONTEST THE muuorrYop JUDGMENT OR OTHER CLAIMS THAT LENDER MAY Amnsnr AGAINST oscL*nAmT UNDER THE NOTE, THE UNDERSIGNED, ON eEn w»ny ALp OF NO |owmo»mmmcv'/mTsu/msmTLv. AND VOLUNTARILY xvA|vImoTHESE RIGHTS, INCLUDING ANY RIGHT To ADVANCE ~^ '^TICE Op THE e AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS To LENDER'S ENTERING JUD B. THE UNDERSIGNED FURTHER umoEnoTAmos THAT IN ADDITION To GIVING Lswmsn THE n|mnr To ENTER JUDGMENT Am»ommr DECLARANT WITHOUT ADVANCE NOTICE on A HEARING, THE CONFESSION OF JUDGMENT pmoV/m/om IN THE NOTE ALSO oomTw/mS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO »wm V A msToxTvvouLmpsnM|TLsmmsn.ApTsnsmTnvopJuomMsmT' 4 mmm xv|TwouTEIT*EnAovAmcEmnTIosonAosARINm.To EX xoscuTsmmT:s�uomemT By FORECLOSING UPON, ATTACHING, LsvY/wo mm' rAm/wm POSSESSION Ormn OTHERW SEIZING uE cLon*mT'e pnPpseTY IN FULL On PARTIAL PAYMENT mp THE JunoxosmT. IN EXECUTING THE moTs. ns|mm FuuvxvvAnsop DE ou`nAmre n;o*Tm T ~ Aonwmos mor/os AND A *smn|mG wp7sn JuomMsmr IS swrsnso AND Bspmns EXECUTION ON THE omxxsmT THE UNDERS om BEHALF op THE DECLARANT, /oumovwmoLv./mrsu xx INTELLIGENTLY AND � � oTneumm ^~ sXpnsmmcr AGREES AND CONSENTS TO LENDER'S |m��/�TscY sXsouT)mm om THE JUDGMENT IN ANY xoAmmsnpsnmnTsoarwpp "/� ' uCmaLsSTATE AND FEDERAL LAW, wwTomuTGIVING DECLARANT ANY ADVANCE NOTICE. C. 4Fren xAvImo nauo AND osrsnM|msm xvmon Or THE FOLLOWING mTmTomsmrm ARE APPLICABLE, BY /mmAumo EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: |mnrovLS 1. DECLARANT WAS nsPnsssmrsn BY oecLAnAmr'm OWN nxospsmmsmr LEGAL CoumssL IN CommsoT|om WITH THE NOTE. o. A nspnsosmTATIVs OF LENDER opsc/pICxLLY CALLED THE CONFESSION OF JUDGMENT pnovmoom IN THE NOTE TO osoLAnAmT'aunTsmrImm. . � _� DISCLOSURE FOR CONFESSION OF JUDGMENT (Continued) Page 2 THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: CAPITOL REj1l@V ON SUPPLY INC ErK J. De sier ' President of C pitol Renovation & Supply Inc ATTEST: :% ' ( Corporate Seal S I SEX MO Lmd' g, Va. 5.50.00.006 Copy. Hm1wd FMOIOW 6,1ow 1, Me. INN 1010. NI fthw F-d. PA K: %LEND1NGICN \LPL %D30.FC 3561 PN-15 Exhibit B COMMERCIAL GUARANT%,., x: 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 (imitations. Borrower: Capitol Property Managment Inc Lender: Integrity Bank Camp Hill Office Capitol Renovation & Supply Inc _ 3345 Market Street Camp Hill, PA 17011 110 3rd Street Suite 200 (717) 920 -4900 New Cumberland, PA 170702131 Guarantor: Eric J. Dearosiers 808 Michigan Avenue New Cumberland, PA 17070 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, or any one or more of them, 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 all 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, or any one or more of them, and any present or future judgments against Borrower, or any one or more of them, 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, OR ANY ONE OR MORE OF THEM, 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 "new 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, "new indebtedness" does not include all or part of 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 same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation 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 or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion COMMERCIAL GUARANTY (Continued) p age 2 may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at 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 FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one - hundred - twenty (120) days after the end of each fiscal year, Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor. Tax Returns: As soon as available, but in no event later than one - hundred - twenty 11201 days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct. 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 sate; (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 Guara.ntor.is. commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on 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, dUARANTOR'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. RIGHT -OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some. other account).' This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open'in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter 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 � a legend that the same are subject to this Guar v and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized,% name of Guarantor, from time to time to file`�icing 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 COMMERCIAL GUARANTY (Continued) Page 3 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 parry 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 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 Cumberland 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 Lender to inquire into the powers, of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by 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 telefacsimile (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. Lender 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 following meanings when used in this Guaranty. Unless specifica)ly 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 Capitol Property Managment Inc and Capitol Renovation & Supply Inc and includes all co- signers and co- makers signing the Note and all their successors and assigns. GAAP. The ward "GAAP" means generally accepted accounting principles. .Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Eric J, Desrosiers, 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 Integrity Bank, its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and /or credit agreements evidencing COMMERCIAL GUARANTY (Continued) Page 4 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. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, 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 (1016) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT .AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED. GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION. TITLED "DURATION OF GUARANTY ". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JUNE 25, 2010. 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:: Seal) X 1 ) 'J. Des s ars Sign ackn w edged and delivered In the presence of: X W" X Witness LASER VRO LWO 9. Va. 6.50.00.000 Cop. Ha1aW R"nd,l9alw0 ,. Me. 1917, 3010. N WOO" R--d. • PA R:N.EROMMCR1L➢UE201C 7R 3503 M25 DISCLGJRE FOR CONFESSION OF .,. ,MMENT Lar►..:::. I�. ..................................................................:...........:::...................................... ..�............................ ..............fir...:.:::.:.:::_ ... _...�:aa_r..�l:;.:;.:..: :.:::::. AbuW..._.......##.�Itrar::..::.: �... €i� ...... ;.�•.s_ . :.. :. ...... : ::.:::::.:: .::: . � .. � ....:.. ;;;:.: : -: ...:..:.. ::.; >::::::::::; �:::>:?:>::»::::::;::>::::::::»:::` a::>>; s:: dEj, Fi- �lssrr'r:?::::: >�: %::::::�:�: - ::: »:::; :::::<::::: :::::;:::: >; >:;:;::::t�.':R�S »: 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: Capital Property Managment Inc Lender Integrity Bank Camp Hill Office Capitol Renovation & Supply Inc 3345 Market Street Camp Hill, PA 17011 110 3rd Street Suite 200 (717) 920 -4900 New Cumberland, PA 170702131 Declarant: Eric J. Dee►OSlers 808 Michigan Avenue New Cumberland, PA 17070 c� DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS L DAY OF , 20 ,; ) A GUARANTY FOR AN UNLIMITED AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY 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. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT- X: ' / i J. Desrosiers Si , acknow d and delivered in the presence of: w pinpjs X Witness INTEGRITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA QGj C_1 V. NO. CAPITOL PROPERTY MANAGEMENT, n r:,r, INC., CAPITOL RENOVATION &' SUPPLY, INC., and ERIC J. DESROSIERS :`�'< Defendants : CIVIL ACTION - LAWS" �- NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT ' AND EXECUTION THEREON TO: Capitol Property Management, Inc. Capitol Renovation & Supply, Inc. 1103 d Street, Suite 200 110 d Street, Suite 200 New Cumberland, PA 17070 New Cumberland, PA 17070 Eric J. Desrosiers 808 Michigan Avenue Lemoyne, PA 17043 A judgment in the amount of $153,193.72 along with interest accruing at the per diem rate of $23.085468319 from January 14, 2014 until paid in full, plus costs, has been entered against you and in favor of Integrity Bank, in the above captioned case without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 McNEES WALLACE & NURICK LLC w Date: February 7, 2014 By: Clayton W. Davidson Attorney I.D. 79139 100 Pine Street -P.O. Box 1166 Harrisburg, PA 17108 -1166 Direct Fax: 717 - 260 -1678 Phone: 717- 232 -8000 cdavidsonkmwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA, V. NO. ,. Iy r rri CAPITOL PROPERTY MANAGEMENT, -' INC., CAPITOL RENOVATION & SUPPLY, INC., and ERIC J. DESROSIERS : 7 c:s 'rte -:7 Defendants : CIVIL ACTION - LAW AFFIDAVIT OF NON - MILITARY SERVICE (A) AND LAST -KNOWN ADDRESS OF ERIC J. DESROSIERS The undersigned, being duly sworn according to law, deposes and says to the best of his information, knowledge and belief that Eric J. Desrosiers is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, f /k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Eric J. Desrosiers is over eighteen (18) years of age and was last known residing at 808 Michigan Avenue, Lemoyne, PA 17043. Clayton W. Davidson SWORN and subscribed to before me this 1 day of February, 2014. Notary Public COMM ONWEALTH OF_ ., PENNSYLVANIA My Commission Expires Notarial seal Tricia R. Cordivano, Notary Public City of Harrisburg, Dauphin county (SEAL) My commission Expires Dec. 29, 2014 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYY V V. NO. CAPITOL PROPERTY MANAGEMENT, r INC., CAPITOL RENOVATION & r� a - � � ..., SUPPLY, INC., and ERIC J. DESROSIERS : - 31C41 _ r Defendants : CIVIL ACTION - LAW c:> r o CERTIFICATE OF RESIDENCE I, Clayton W. Davidson, certify that the addresses for the Defendants are as follows: Capitol Property Management, Inc. Capitol Renovation & Supply, Inc. 1103 d Street, Suite 200 1103 d Street, Suite 200 New Cumberland, PA 17070 New Cumberland, PA 17070 Eric J. Desrosiers 808 Michigan Avenue Lemoyne, PA 17043 The following address for the Plaintiff is as follows: Integrity Bank 3345 Market Street Camp Hill, PA 17011 McNEES WALLACE & NURICK LLC Date: February 7, 2014 By . Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108 -1166 (717) 260 -1678 (Direct Fax) (717) 232 -8000 (Phone) cdavidsongmwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, P NNSYLVANIA 9 � V V. NO. I �• / V` ;, CAPITOL PROPERTY MANAGEMENT, INC., CAPITOL RENOVATION & SUPPLY, INC., and ERIC J. DESROSIERS : Defendants : CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO: Capitol Property Management, Inc. Capitol Renovation & Supply, Inc. 1103 d Street, Suite 200 1103 d Street, Suite 200 New Cumberland, PA 17070 New Cumberland, PA 17070 Eric J. Desrosiers 808 Michigan Avenue Lemoyne, PA 17043 You are hereby notified that on February, 2014, a judgment by confession was entered against each of you in the above - captioned case in favor of Integrity Bank as follows: Principal: $ 138,744.05 Accrued Interest: $ 484.76 Other Fees $ 90.50 Attorney's Fees (10% commission): $ 13,874.41 Total: $ 153,193.72* *along with interest accruing at the current per diem rate of $23.085468319 from January 14, 2014 until paid in full, plus costs (the "Indebtedness "). DATE: PROTHONOTARY, INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-789 CAPITOL PROPERTY MANAGEMENT, : INC., CAPITOL RENOVATION & SUPPLY, INC., and ERIC J. DESROSIERS : Defendants : CIVIL ACTION - LAW RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, Integrity Bank, hereby files this Return of Service and swears and affirms that the persons listed below were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of the receipt for certified mail is attached hereto. Capitol Property Management, Inc. 110 3"1 Street, Suite 200 New Cumberland, PA 17070 Eric J. Desrosiers 808 Michigan Avenue Lemoyne, PA 17043 Date: April 10, 2014 Capitol Renovation & Supply, Inc. 110 3rd Street, Suite 200 New Cumberland, PA 17070 Ct) McNEES WALLACE & NURICK LLC C.77 By Clayt W. Davi. on PA Attorney I.D. o. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson@mwn.com Attorneys for Integrity Bank CT 7196 9008 9111 10301 10059 TO: Capitol Property Management, Inc. 110 3rd Street, Suite 200 New Cumberland, PA 17070 SENDER: 3029 REFERENCE: 21328 -0266 PS Form 3800 Janua ry 2005 14 -789 RETURN RECEIPT SERVICE Postage Certified Fee Retum Receipt Fee Restricted Delivery Total Postage & Fees USW' Receipt for Certified Maii'" No Insurance Coverage Provided Do Not Use tot Intemationet Man i 33 Z7 ?pc) POSTMAR R DATE `DV \` , l a ��" 6 l g3.1 j USPS.com® - USPS TrackingTM : English Customer Service liF2USP.S.COM* Quick Toots. USPS TrackingTM USPS Mobile Ship a Package Tracking Number: 71969008911103010059 Product & Tracking Information Postal Product: Features: Certified Mar Send Mail Page 1 of 1 Register / Sign In • SearctSi USPS.com Or Track Packages Manage Your Mail. . Shop • • March 3, 2014 , 1:18 pm Delivered February 22, 2014 , 12:24 pm February 18, 2014 , 3:02 Pm February 18, 2014 , 8:51 am February 18, 2014 , 8:41 am February 18, 2014 , 7:19 am February 15, 2014 February 14, 2014 , 11:36 Pm Available for Pickup Notice Left (No Authorized Recipient Available) Out for Delivery Sorting Complete Arrival at Unit Depart USPS Sort Facility Processed through USPS Sort Facility Track Another Package What's your tracking (or receipt) number? LEGAL Privacy Policy Terms of Use FOiA No FEAR Act. EEO Data USPS.COM NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 HARRISBURG, PA 17107 HARRISBURG, PA 17107 ON USPS.COM Government Services , Buy Stamps & Shop Print a Label with Postage Customer Service Delivering Solutions to the Last Mile Site Index Copyright.gY 20'14 USPS Ail Rights Reserved, Track it ON ABOUT.USPS.COM About USPS Home Newsroom USPS Service Alerts Forms & Publications. Careers Business Solutions Customer Service > Have questions? We're here to help. Available Actions Email Updates OTHER USPS SITES Business Customer Gateway Postai Inspect= Inspector General Postai Explorer https://tools.usps.cotn/go/TrackCOnfirmAction.action?tRef=fullpage&tLc=1&text28777=&t... 3/6/2014 Track and Confirm Intranet Product Tracking System Rates/ Home Search Reports Manual Entry Commitments Track & Confirm Intranet Tracking Nurnber Result Result for Domestic Tracking Number 7196 9008 9111 0301 0059 PTS / EDW USPS Corporate Accounts Destination and Origin Destination ZIP Code City State 1 17070 NEW CUMBER AND PA Origin City State Tracking Number Classification Class/Service Class/Service: Certified Mail Class of Mail Code/Description: -1 / Unknown Payment Weight: 0 lb(s) 0 oz(s) Extra Services Extra Services Details Description Amount 1 I Certified Mail i Events Event :t Dat Event Time Location Input Method Scanner ID Carrie er o Rut Other Information DELIVERED 03/03/2014 13:18 • NEW CUMBERLAND, PA 17070 Scanned POS8960070 View Delivery Signature ,.. and Address Facility Finance Number: 415896 Authorized Agent: Yes Request Delivery Record AVAILABLE FOR PICKUP 02/2212014 12:24 NEW CUMBERLAND. PA 17070 Scanned 030SHGP570 Scanned by route 7070P599 I NO AUTHORIZED RECIPIENT AVAILABLE 02/18/2014 15:02 NEW CUMBERLAND, PA 17070 Scanned 030SHF2568 Scanned by route 70700001. OUT FOR DELIVERY 02/18/2014 08:51 I NEW CUMBERLAND, PA 17070 SYstem Generated SORTING/PROCE.SSING COMPLETE 02/18/2014 08:41 NEW CUMBERLAND, PA 17070 System Generated Distribution Complete Label ID: pEdIZAQa }gl.P..1.4.22_110..17.95. ARRIVAL AT UNIT DISPATCHED FROM SORT FACILITY 2/16/2014 02/15/2014 07:19 01:38 NEW CUMBERLAND, PA 17070 HARRISBURG, PA 17107 Scanned System Genera ted 030SGUD687 Scanned by route 7070P599 Dispatch Label ID: P5.14...4.123 1.5g4 99.n ENROUTE/PROCESSED 02/14/2014 23:36 HARRISBURG' PA 17107 Scanned DIOSS-007- Page 1 of 2 UNITED STLITES POST41. Sf.RVICE April 04,2014 https://pts-2.usps.gov/pts2-web/tcIntraneffra -kingNumResponse?label=71969008911103010059&status—... 4/4/2014 Track and Confirm Intranet Product Tracking Syste Rates/ Home Search Reports Manual Entry Commitments Track & Confirm Intranet Delivery Sig a ure and Address Tracking Number: 7196 9008 9111 0301 0059 This item was delivered 00 03/03/2014 at 13:18:00 < Return to Tracking Number View r Sign atu ri; ,.. _..-- .-----. /7"'-'. .) -----'- ------7 / / / ((j) 7-1 d' Address l , 7 .---) (-----' $--0 , Enter up to 10 items separated by commas. Select Search Type: Quick Search Submit PTS / EDW Product Tracking System, All Rights Reserved Version: 1.7.0.17 USPS Corporate Accounts N' I Page 1. of 1. Heln f /MT TES ,,,r)S1Z,LSTArViCEm April 04, 2014 https://pts-2.usps.gov/pts2-webit n a tTrackingNumResponse/deliverySignatureAndAddress?sigImage... 4/4/2014 7191 900/.1 9111 0301 Dfl? 3 TO: Capitol Renovation & Supply, Inc. 110 3rd Street, Suite 200 New Cumberland, PA 17070 SENDER: 3029 REFERENCE: 21328-0266 14-789 PS Form 3800, January 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee r4 ) 1 Restricted Delivery Total Postage & Fees USW Receipt for Certified Mail No Inethanoe Coverage Provided Do Not Use br bdernational Ma 71' POS OR DATE HYWPI EIJ /-7) USPS.com® - USPS TrackingTM English Customer Service G11t USPS.COM Quick Tools Track ' Enter up to 10 Tracking Find Find USPS, Locations Fuy Skimps Schedule �a Pickup /`� TM lnc ii ?V fi S Tracking Hold Mail Change or Address USPS Mobile Ship a Package Tracking Number: 71969008911103010073 Product & Tracking Information Postal Product: March 3, 2014 ,1:18 pm February 22, 2014 , 12:24 pm February 18, 2014 , 3:02 pm February 18, 2014 , 8:51 am February 18, 2014 , 8:41 am February 18, 2014 , 7:19 am February 15, 2014 Features: Certified Mail'" Delivered Available for Pickup Notice Left (No Authorized Recipient Available) Out for Delivery Sorting Complete Arrival at Unit Depart USPS Sort Facility February 14, 2014 , 11:36 Processed through pm USPS Sort Facility Track Another Package What's your tracking (or receipt) number? LEGAL Privacy Policy' Terms of Use FOIA No FEAR Act 580 Data ausPscom Send Mail Manage Your Malt NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 HARRISBURG, PA 17107 HARRISBURG, PA 17107 ON USPS.COM Government Services Buy Stamps & Shop ; Print a Label with Postage > Customer Service Delivering Solutions to the Last f1iie > Site Index, Copyrigh'02014 USPS All Rights Reserved. Track It ON ABOUT.USPS.COM About USPS Home ; Newsroom USPS Service Alerts Forms & Publications , Careers Page 1 of 1 Register 1 Sign In Search USPS.com or Track Packages Shop Business Solutions Customer Service > Have questions? We're here to help. Available Actions Email Updates OTHER USPS SITES Business Customer Gateway' Postai inspectors i inspector General , Postal Explorer , https: // tools. usps. com /go /TrackConfirmAction. action? tRef= fullpage &tLc =1 &text28777 = &t... 3/6/2014 Track and Confirm Intranet Product Tracking Syste Rates/ Home Search Reports Manual Entry Commitments Track & Confirm Intranet Tracking Number Result Result for Domestic Tracking Number 7196 9008 9111 0301 0073 PTS 1 EDW LISPS Corporate Accounts Destination and Origin Destination ZIP CodejCity 17070 I NEW CUMBERLAND , I State i PA 1 Origin 1_City _........_ State I _______.. Tracking Number Classification Class/Service Class/Service: Certified Mail Class of Mail Code/Description: -1 / Unknown Payment Weight: 0 lb(s) 0 oz(s) Extra Services Extra Services Details Description • I Amount Certified Mail 1 I Events 1 Event Event Date Even t 'Time Location Input Nleth e Id Scanner ID Carrier Route Other Information Il DELIVERED -I--- I AVAILABLE FOR PICKUP 1 i 4— NO AUTHORIZED 1 RECIPIENT AVAILABLE I OUT FOR DEI..IVERY SORTING/PROCESSING COMPLETE ARRIVAL AT UNIT DISPATCHED FROM SORT FACILITY ENROUTE/PROCESSED . i I 03/03/2014 - 02/22/2014 02/18/2014 1 02/18/2014 02/18/2014 1 02/18/2014 02/15/2014 I 02/14/2014 13:18 12:24 15:02 . 0851 08:41 07:19 01:38 23:36 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 NEW BERLAND, CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND. PA 17070 NEW CUMBERLAND, PA 17070 iHARRISBURG. HARRISBURG • PA 17107 Scanned Scanned Scanned System Generated System Generated Scanned System Generated Scanned POS8960070 030SHGF'570 • 030SHF2568 030SGUD687 DIOSS-007- Scanned by route 7070P599 Scanned by S route 70700001 Scanned by route 7070P599 . I View Delivery Signature 1 1 and Address II i 0 Facility Finance Number: 415896 11 Authorized Agent: Yes IRequest Delivery Record — il I ••••-11 ri 11 li 11 II 1.1 rr 11 Distribution Complete Label ID: DC13 7468 1 9000 1402 1808 1705 rr ir il —II Dispatch Label ID: DS14 4123 9222 1402 1504 0932 1 1 . 11 Page 1 of 2 Help i-Firffle. UNITED 507E5 YfriirViCIF April 04, 2014 haps ://pts-2.usps.gov/pts2-weblteIntranetTrackingN-umResponse?label-719690089111030100738z stain sr.... 4/4/2014 Track and Confirm Intranet Page 1. of 1 Product Tracking Syste Home Search Report IV Track & Confirm Intranet Delivery Signature and Address Tracking Number: 7196 9008 9111 0301 0073 This item was delivered on 03/0312014 at 13:18:00 < Return to Tracking Number View Rates/ 'n"a"En" Commitments Enter up to 10 items separated by commas. Select Search Type: Quick Search PTS EDVV Submit Product Tracking System, All Rights Reserved Version: 1.7.0.17 USPS Corporate Accounts Help , pnirrosrilms April 04, 2014 https://pts-2.usps.govIpts2-webItcIntranetTrackingNumResponse/deliverySignatureAndAddress?sigIma. ... 4/4/2014 ArticleNurnber • 11 111 1 1111 11111111111111 7196 9008 9111 0301 0066 3. Service Type CERTIFIED MAILT", I I 4. Restricted Delivery? (Extra Fee) , Yes 1. Article Addressed to: Eric J. Dcsrosiers 808 Michigan Avenue 14amoync, PA 17043 ece C. Si COMPLETE THIS SECTION ON DELIVERY.' 9(% D. Is delivery address different from item 17 If YES, enter delivery address below: B. Date of Delive 2,— ill D Agent 0 Addressee LictiCe litiOt ima i 21328-0266 14-789 3029 0 Yes 0 No PS Faith januari 2d05 • Domestic Retum Receipt 71-913 9.008 -9111 03131 130.136 TO: Eric J. Desrosiers 808 Michigan Avenue Lemoyne, PA 17043 SENDER: 3029 REFERENCE: 21328-0266 PS Form 3800. Janua ry 2005 14-789 RETURN RECEIPT SERVICE Postage g Certified Fee Return Receipt Fee L; L) Restricted Delivery Total Postage & Fees USPS• Receipt for Certified Mair No Insurance Coverage Provided Do Not Use for Internedonal mei to MARK OR DA E\ • PIM t' 133i --,