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Home My WebLink About14-0835 =; c., r t �1, r 1 2014 FEB 1 2 PM 3: 4 6 CUMBERLAND COUNTY PENNSYLVANIA HENRY & IBEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140. Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW Q �y vs. No. 1 q- COYLE LUMBER AND MILLWORK, INC., Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of 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 Defendant, Coyle Lumber and Millwork, Inc. as follows: Principal Sum Due - $ 43,007.23 Interest to 12/13/2013 - 1,738.56 Late Fees to 12/13/2013 - 374.15 Attorney's Commission (10% of unpaid principal and interest) - 4,474.58 Total - $ 49,594.52 Together with interest which continues to accrue at the contract rate after December 13, e L* a�y� 2. 1 Sct3 `).� C , . ct VROn lea 2013 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. HENRY & BEAVER LLP By: MA AC A. HESS I . D. #55774 Attorney for Defendant Prothonotary - 2 - r r. OF FEB 2 pp, 3: `U 8 ERLIANQ PE /DNS yCVApilUNT y HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW I H 8 s 2 Ct U - X - L vs. No. COYLE LUMBER AND MILLWORK, INC., Defendant COMPLAINT CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for judgment by confession and avers the following: 1. The Plaintiff is Metro Bank f /k/a Commerce Bank / Harrisburg, with an office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. The Defendant is Coyle Lumber and Millwork, Inc., a business corporation with a last known address of 231 East York Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Attached hereto as Exhibit "A" is a true and correct copy of the Promissory Note Modification Agreement (the "Note ") upon which judgment is being confessed which was dated, executed and delivered to Plaintiff by the Defendant on or about November 23, 2011. 4. The Note has not been assigned. 5. Judgment has not been entered on the Note in any jurisdiction. 6. Default was made by Defendant in its failure to make contractual monthly payments due in a timely manner and in failure to meet demand for payment in full issued October 10, 2013, whereby the entire sum is in default and immediately due and payable. 7. As a consequence of the foregoing and pursuant to the Warrant of Attorney in the Note, Defendant is liable to Plaintiff as follows: Principal Sum Due -' $ 43,007.23 Interest to 12/13/2013 - 1,738.56 Late Fees to 12/13/2013 - 374.15 Attorney's Commission (10% of unpaid principal and interest) - 4,474.58 Total - $ 49,594.52 Together with interest which continues to accrue at the contract rate after December 13, 2013 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 2 - WHEREFORE, Plaintiff demands judgment against Coyle Lumber and Millwork, Inc. in the sum of: Principal Sum Due - $ 43,007.23 Interest to 12/13/2013 - 1,738.56 Late Fees to 12/13/2013 - 374.15 Attorney's Commission (10% of unpaid principal and interest) - 4,474.58 Total - $ 49,594.52 Together with interest which continues to accrue at the contract rate after December 13, 2013 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy, as authorized by the Warrant of Attorney appearing in the Note. HENRY V R LL By: M R ESS I . D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorney for Plaintiff - 3 - 2 014 FEB 12 pti 3:4 CUMBERr �� 'E�dt SYLVANIA Ti? HENRY & IBEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. COYLE LUMBER AND MILLWORK, INC., Defendant AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF DAUPHIN David M. Chajkowski, Vice President - Asset Recovery Supervisor, of Metro Bank, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behalf of Metro Bank and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and that the copy of the Promissory Note Modification Agreement, Exhibit "A" attached to the Complaint, is a true and correct copy of the original which is held in the files of the Plaintiff and which was executed and delivered by the Defendant to Plaintiff. METRO BANK By: `�il� David M. Chajkowski Vice President Asset Recovery Supervisor Sworn to and subscribed to before me this 2 3 day of 2014. COMM ONWEALT H OF PENNSYLVA Notarial Seal Jessica Ann Hamilton, Notary Public Swatara Twp., Dauphin County My Commission Expires Jan. 28, 2014 Member, Pennsvivania Association of Notaries otary Public - 2 - HE FEB 3: PEN N$ YC A�OUNTY A HENRY &BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. COYLE LUMBER AND MILLWORK, INC., Defendant AFFIDAVIT AS TO NON - MILITARY SERVICE AND CERTIFICATION OF LAST KNOWN ADDRESS OF DEFENDANTS AND PLAINTIFF COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN Before me the undersigned authority, personally appeared David M. Chajkowski, Vice President - Asset Recovery Supervisor, of Metro Bank, who being duly sworn according to law, deposes and says that upon reasonable investigation to the best of his knowledge and belief the Defendant is not in the active Military or Naval Service of the United States of America and that the last known address of said Defendant is as follows: 231 East York Road, Carlisle, Pennsylvania 17013. The address of the above Plaintiff is 3801 Paxton Street, Harrisburg, Pennsylvania 17111. METRO BANK By: David M. Chajkowski Vice President Asset Recovery Supervisor Sworn to and subscr before me this ,; day of , 2014 • COMMONWEALTH PENNSYLVANIA Jessica Ann Hamllton e Notary Public Swatara TwP., Dauphin County MY Commission EXPlres Jan. 28, 2014 Member, Pennsylvania Association of Notaries otary Public - 2 - PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT, made and entered into as of this 23` day of November, 2011, by and between Metro Bank (hereinafter called "Lender "), having Its principal place of business at 3801 Paxton Street, Harrisburg Pennsylvania 17111, and Coyle Lumber & Millwork, Inc. (hereinafter called "Borrower "). WITNESSETH: WHEREAS, Borrower executed and delivered to Lender a Promissory Note dated May 8, 2009, as amended (the "Promissory Note "), in the original amount of $45,000.00, which evidences a loan ( #3410635010), by the Lender to the Borrower, and WHEREAS, the Lender and Borrower mutually agree to modify the terms of the Promissory Note to extend the maturity date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Lender and Borrower covenant and agree to amend and modify the Promissory Note heretofore described as follows: I. The maturity date for the above - referenced loan is hereby extended from October 8, 2011 to November 8, 2012. This Change in Terms Agreement is deemed to have been effective as of October 8, 2011. Reference to Lender This Promissory Note Modification Agreement is being made by Metro Bank formerly known as Commerce Bank/Harrisburg. Confession of Judgment: BORROWER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE NOTE DATED MAY 8, 2009, REMAINS IN FULL FORCE AND EFFECT AND LENDER'S RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS PROMISSORYNOTE MODIFICATION AGREEMENT. THE DISCLOSURE FOR CONFESSION OF JUDGMENT DATED MAY 8, 2009 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THIS PROMISSORY NOTE MODIFICATION AGREEMENT. BOTH THE NOTE AND THE DISCLOSURE FOR CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. Except to the extent specifically set forth herein, all of the terms, conditions, covenants and agreements contained in the Promissory Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Promissory Note in every respect and shall pay and discharge the indebtedness evidenced by the Promissory Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Promissory Note or the collateral therein described. EXHIBIT ' A D O n I IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Witness: �� Borrower: Coyle Lumber & Millwork, Inc. BY: ZAA 0 ennet W. Heiser, President of Coyle Lumb r & Millwork, Inc. �h J BY: t 1h M. cin a Heiser, Secretary o Coyle Lumber & Millwork, Inc. PROMISSORY NOTE Principal Loan Date Maturity Loan No call / cell Account Officer Initials $45, 000.00 05- 0$•2009 06 -08 -2010 3410635010 2214 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: Coyle Lumber & Millwork, Inc. Lender: COMMERCE BANK /HARRISBURG 231 East York Road COMMERCIAL BUSINESS DEPARTMENT Carlisle, PA 17013 3801 PAXTON STREET HARRISBURG, PA 17111 (888) 937.0004 Principal Amount: $45,000.00 Initial Rate: 6.500% Date of Note: May 8, 2009 PROMISE TO PAY. Coyle Lumber & Millwork, Inc. ( "Borrower ") promises to pay to COMMERCE BANK /HARRISBURG ( "Lender "), or order, in lawful money of the United States of America, the principal amount of Forty -five Thousand & 001100 Dollars ($45,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid Interest on June 8, 2010. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning June 8, 2009, with all subsequent interest payments to be due on the same day of each month after that. 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. Interest on this Note Is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE, The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate, information about the Index is available or published in the Money Rate Section of the Wall Street Journal (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 calendar quarter. Borrower understands that Lender may make loans based on other rates as well, The Index currently is 3.250% per annum. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 3.250 percentage points over the Index, resulting in an initial rate of 6.500% per annum, NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. 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 of accrued unpaid interest. Rather, early payments will reduce the principal balance due, Borrower agrees not to send Lender payments marked "paid in full ", "without recourse ", or similar language. If 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: COMMERCE BANK /HARRISBURG, LOAN SERVICING, 3801 PAXTON STREET HARRISBURG, PA 17111. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 4.000 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. 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. 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. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. 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 vilth 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. PROMISSORY NOTE Loan No: 3410635010 (Continued) Page 2 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 (25501 or more of the common stock of Borrower. 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 (15) 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. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lander (whether checking, 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 the following collateral described in the security instruments listed herein: (A) an Open -End Mortgage dated May 8, 2009, to Lender on real property described as "Real Property located at 1000 Sandbank Road, Mount Holly Springs, PA 17065" and located in Cumberland County, Commonwealth of Pennsylvania. (B) an Open -End Mortgage dated May 8, 2009, to Lender on real property described as "Real Property located at 830 North West Street, Carlisle, PA 17013" and located in Cumberland County, Commonwealth of Pennsylvania. (C) an Assignment of All Rents to Lender on real property described as "Real Property located at 830 North West Street, Carlisle, PA 17013" and located in Cumberland County, Commonwealth of Pennsylvania. (D) an Open -End Mortgage dated May 8, 2009, to Lender on real property described as "Real Property located at 220 East Old York Road, Carlisle, PA 17013" and located in Cumberland County, Commonwealth of Pennsylvania. (E) an Assignment of All Rents to Lender on real property described as "Real Property located at 220 East Old York Road, Carlisle, PA 17013" and located in Cumberland County, Commonwealth of Pennsylvania. (F) an Open -End Mortgage dated May 8, 2009, to Lender on real property described as "Real Property located at 231 East Old York Road, Carlisle, PA 17013" and located in Cumberland County, Commonwealth of Pennsylvania. (G) an Assignment of All Rents to Lender on real property described as "Real Property located at 231 East Old York Road, Carlisle, PA 17013" and located in Cumberland County, Commonwealth of Pennsylvania. (H) inventory, chattel paper, accounts, equipment and general intangibles described in Commercial Security Agreements dated May 8, 2009. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as directions for payment from Borrower's accounts, may be requested orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender, The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print -outs. POST CLOSING COMPLIANCE. Borrower agrees to execute, re- execute, cause a Guarantor(s) or other third party(ies) involved in the loan transaction to execute and /or re- execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan which was incorrectly drafted and /or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten (10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default under the Loan. SBA PROVISION, The Loan secured by this lien was made under a United States Smell Business Administration (SBAI nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulations: a)When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be construed in accordance with federal law.b)Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens, and other purposes, By using these procedures, SBA does not waive any federal immunity from local or state control, penalty, tax or liability, No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan. Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this instrument. SUCCESSOR INTERESTS. The terms c is Note shall be binding upon Borrower, and t Borrower's heirs, personal representatives, a�ccessors and assigns, and shall inure to the benefit of Lender and its successors and assigns. PROMISSORY NOTE Loan No: 3410635010 (Continued) Page 3 NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANKIHARRISBURG LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. 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 a %tent 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 ($500) ON WHICH JUDGMENT OR iUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: Nj8E COYLE Lt1R & LLW� INC. By : �: ( Seal) By; (Seal) K netfi W. Heiser, President of Coyle Lumber & M. u�da Hels "r, * Secretary of Coyle LurTlbor & Millwork, Inc, Millwork, Inc. LA.ER PQ is drp. V- 5.40,=,ps pp,. N Wld r —W SakM —, 4— 097. ]SR AN Mph%A --d. • OA SACFALMD2C.FC TA -299C9 pry 1E DISCL06JRE FOR CONFESSION OF J' )GMENT Principal Loan Date Maturity I Loan No Call / Coll Account Officer initials $45,000.00 05 -08 -2009 1 06-08-2010 1 3410635010 2214 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. Declarant: Coyle Lumber & Millwork, Inc Lender COMMERCE BANK /HARRISBURG 231 East York Road COMMERCIAL BUSINESS DEPARTMENT Carlisle, PA 17013 3801 PAXTON STREET HARRISBURG, PA 17111 (888) 937 -0004 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS _ DAY OF f` -'{ •: 20 A PROMISSORY NOTE FOR $45,000.00 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 DEC !NT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: 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 THF�.• UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER P�MITTED 8 PPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS_. . C. AFTER HAVING RE AQ 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 NOTE. ,.r +; f�',y ' 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANT'S ATTENTION. DISCLOSURE FOR CONFESSION OF JUDGMENT Loan No: 3410635010 (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: COYLE LLIMBE 9'MILLW RK, INC. B y: {Seal} /Kenneth W. Heis i, President of Coyle Lumber & Millwork, Inc. B I � .! � I , a' ". a t t; 1 (Seal) r ' M. Lu�ind� ei ge c eta�y 4f- yleV.umber & Millwork, - Inc. L"IA PRO Ln g. CW1, Ma d Alm 9e 11 u, He. 1l , 1009. 4 Pith% P-" • PA 6: %CFNN'O]OFC 7p -now m1! OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Coyne Lumber and Millwork, Inc. 231 East York Road Carlisle, PA 17013 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. �I - d �S G, COYLE LUMBER AND MILLWORK, INC., Defendant NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against Coyle Lumber and Millwork, Inc. on 2014, in the amount of: Principal Sum Due - $ 43,007.23 Interest to 12/13/2013 - 1,738.56 Late Fees to 12/13/2013 - 374.15 Attorney's Commission (10% of unpaid principal and interest) - 4,474.58 Total - $ 49,594.52 Together with interest which continues to accrue at the contract rate after December 13, 2013 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. Copies of all documents filed are attached hereto. a Prothonotary rw , i7P TH t t! 7I,P�Vd7iJ i1t { 2014 FEB 12 PI 3. CUMBERLAND COUNTY PENNSYLVAtgfA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW /? vs. No. N, 935 Uut COYLE LUMBER AND MILLWORK, INC., Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COUNTY: Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042 -1140 as attorney for Metro Bank, the Plaintiff in the above - captioned case. Dated: ��Y , 2014 M ARC . Attorney for Plaintiff Eii:ED-13*.FF E OF THE PROTHGNOTAi'i ?aili 11AR -3 1: 414 CUMBERLAND COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-835 Civil COYLE LUMBER AND MILLWORK, INC., Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF LEBANON I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, depose and state that I forwarded a certified true and correct copy of the attached Notice Under Rule 2958.1 of Judgment and Execution Thereon - Notice of Defendants' Rights by First Class United States Mail, Certified, Return Receipt Requested, on February 25, 2014 to Defendant as follows: Name Address Service Coyle Lumber and Millwork, Inc. 231 East York Road Received Carlisle, PA 17013 February 26, 2014 Attached hereto and made a part hereof is the United States Postal Service Domestic Return Receipt and Receipt for Certified Mail. Sworn to and subscr-bed to before me this (;ZPA day of , 2014. N ota NOTARIAL SEAL. AURICUI IMMO, NOTARY PUBUC CITYCF LEWIN, LEBANONOOUNTY MY COMMON WIRES DEMMER ION HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14 -835 Civil COYLE LUMBER AND MILLWORK, INC., Defendant NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Coyle Lumber and Millwork, Inc. 231 East York Road Carlisle, PA 17013 A judgment in the amount of: Principal Sum Due - Interest to 12/13/2013 - Late Fees to 12/13/2013 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 43,007.23 1,738.56 374.15 4,474.58 $ 49,594.52 Together with interest which continues to accrue at the contract rate after December 13, 2013 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 HENRY . : 744 -A1 LP By: . _.M 7 M SS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorney for Plaintiff N r1- Posta CERTIFIED MAILTM RECEIPT Domestic Mail Onl ; No Insurance Covers e Provided IF,or deltiFeTylinfcIn etlonzrisit velislte,at www'.tlsps:com�r Postag Certified F ru Rehm Receipt Fee O (Endorsement Required Restricted Delivery Fee (Endorsement Required) 4,0 fostmatk C o Here .U7 ;17 -Tote; Postage & Fees iru rq D. N 2014 Se To Coyle Lumber.and.Millwork, Inc. `treet, Apt. No.; or PO Box No. 231 East York Road City, Slate, ZIP +4 Carlisle PA 17013 PS Form 3800, August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the backof the mailpiece, or on the front if space permits. cle Addressed to: Coyle Lumber and Millwork, Inc. 231 East York Road Carlisle PA 17013 COMPLETE THIS SECTION ON DELIVERY A. Sign -tore ❑ Agent ❑ Address 0. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No . Service Type XXCertified Mall ❑ Registered ❑ Insured Mall D Express Mall O Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7 0 ], 2 .3 0 5�� ; 0 0 e 2 �, 6 3'6 4 S $� I (Transfer from service labeO i PS Form 3811, February 2004 Domestic Return Receipt 102595- 02 -W154S