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HomeMy WebLinkAbout14-0841 Q. Ct� U f "p. i3 !� f . ry e... vj��t��:�•:. All tel: 14, PE - -) s y At�C�UNT )r 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, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 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 - $ 158,871.32 Interest to 1/8/2014 - 8,619.96 Late Fees to 1/8/2014 - 2,721.20 Attorney's Commission (10% of unpaid principal and interest) - 16,749.13 Total - $ 186,961.61 Together with interest which continues to accrue at the contract rate after January 8, � CKD k- : PVY l �, w- 3oitooN / JYD•'1lo OAI4. 2014 and after entry of judgment and until paid in full ($26.478553 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: k* ARC ES I . D. #55774 Attorney for Defendant Prothonotary - 2 - PIN' +S Y, C d ou'V i �' NIA 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, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. ' - V t 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, N.A., 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. On or about February 17, 2006, Plaintiff loaned to Kenneth W. Heiser and M. Lucinda Heiser the sum of Two Hundred Forty Thousand Dollars ($240,000.00) pursuant to a Promissory Note (the "Note "), Exhibit "A" attached hereto, which obligation was unconditionally guaranteed by Defendant pursuant to the terms of a Commercial Guaranty (the "Guaranty "), Exhibit "B" attached hereto, upon which judgment is being confessed. 4. The Guaranty has not been assigned. 5. Judgment has not been entered on the Guaranty in any jurisdiction. 6. Default was made by the Defendant in its failure to make payment of the installment of principal and interest due March 17, 2013, and in the payment of all subsequent installments, and in failure to meet demand for payment in full issued December 6, 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 Guaranty, Defendant is liable to Plaintiff as follows: Principal Sum Due - $ 158,871.32 Interest to 1/8/2014 - 8,619.96 Late Fees to 1/8/2014 - 2,721.20 Attorney's Commission (10% of unpaid principal and interest) - 16,749.13 Total - $ 186,961.61 Together with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees - 2 - 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. WHEREFORE, Plaintiff demands judgment against Coyle Lumber and Millwork, Inc. in the sum of: Principal Sum Due - $ 158,871.32 Interest to 1/8/2014 - 8,619.96 Late Fees to 1/8/2014 - 2,721.20 Attorney's Commission (10% of unpaid principal and interest) - 16,749.13 Total - $ 186,961.61 Together with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 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 Warrants of Attorney appearing in the Guaranty. HEN V L By: M R E I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorney for Plaintiff 3 - 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, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW / vs. No. r G �. v ; �J I'LIIIA 1 7 , 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, Exhibit "A" and Commercial Guaranty, Exhibit "B" attached to the Complaint, are 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: l/ David M. Chajkowski Vice President Asset Recovery Supervisor Sworn to and subscr' ad_to before me this day of r- , 2014. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jessica Ann Hamilton, Notary Public Swatara Twp., Dauphin County My Commission Expires Jan. 28, m4 Member, Pennsylvania Association of Notaries tary Public 2 - 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, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. . 1 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 g Y David M. Chajkowski Vice President Asset Recovery Supervisor Sworn to and subscribed to before me this day of 2014. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jessica Ann Hamilt Dauphin on, Notary public Swatara Twp., County My Commission Expires Jan. 2$, 2014 Member, Pennsylvania Association of Notarles otary Public 2 PROMISSORY NOTE Prulci a� Loan Da3e Mafurt; Loat1 No cats t;:roil flcoant UffiG�r lntitals P ::- Y 240 00 , ,i)2 17.2OOfi Q2 17-2021 33n815t) 7 21;13 References in the shaded area 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: Kenneth W. Heiser Lender: COMMERCE BANK/HARRISBURG N.A. M. Lucinda Heiser r COMMERCIAL MORTGAGE DEPARTMENT 1000 Sandbank Road P.O. Box 127 100 SENATE AVENUE Mt. Holly Springs, PA 17065 CAMP HILL, PA 17011 (717) 975 -5630 Principal Amount: $240,000.00 Date of Note: February 17, 2006 PROMISE TO PAY. Kenneth W. Heiser and M. Lucinda Heiser 1 "Borrower ") jointly and severally promise to pay to COMMERCE BANK /HARRISBURG N.A. ( "Lender "), or order, in lawful money of the United States of America, the principal amount of Two Hundred Forty Thousand & 00/100 Dollars 15240,000.00), together with interest on the unpaid principal balance from February 17, 2006, 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: 60 monthly consecutive principal and interest payments in the initial amount of $2,239.11 each, beginning March 17. 2006, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum; 119 monthly consecutive principal and interest payments in the initial amount of $2,443.28 each, beginning March 17, 2011, vfihh'irtterest calculated on the unpaid principal balances at an interest iate based on the Prime Rate as established by and adjusted from time to time by the Commerce Bank /Harrisburg, N.A. Icurrently 8:500 %), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 9.500 %; and one principal and interest payment of $2,443.33 on February 17, 2021, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as established and adjusted from time to time by the Commerce Bank /Harrisburg, N.A. Icurrently 8.500 %). plus a margin of 1.000 percentage points, resulting in an initial interest rate of 9.500 %. This estimated final payment is based .on the assumption that all payments will be made exactly as scheduled and that the Index does not change the actual final payment 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. The annual interest, rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the j 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 index which is Lender's Prime Rate (the.Nndex "). This is the rate Lender charges, or would charge, on 90 -day unsecured loans to the.most creditworthy corporate customers. This rate may of may not be the lowest rate available from Lender at any given time. 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 8.500% per annum. The interest rate or rates to be applied to'the unpaid principal balance of this - Note will be the rate or dates set forth herein in the "Payment" section. Notwithstanding any other provision of this _. Note, after the first p strea!n interest rate for each sub 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 more than the maximum rate allowed by applicable taw. Whenever increases occur in the interest rate, Lender, at its ,option, may do one or more of the following: IA). 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 same amount and increase Borrower's final payment. PREPAYMENT PENALTY. 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. Upon prepayment of this Note. Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shall be - subject to a penalty charge of 5% 'during the first year of amortization and declining 1% per year thereafter to par. Except for the foregoing. Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payrrients. Borrower agrees ndt to send Lender payments marked "paid in full ", "without recourse ", or,similar language. It 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 N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011. LATE CHARGE. If a payment is 10 days 'or more' late, 86rrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT.. Upon default, including failure to pay upon final maturity, Lender, at its option, may_— ij_permitted_ under applicable I aw, increase the variable interest rate on this Note by 2.000 percentage points -.,The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. 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 environrnental 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 EXHIBIT PROMISSORY NOTE Loan No: 3308150 (Continued) Page 2 Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver (or 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. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. 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 (121 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 on 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 attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including 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. 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 Lender (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 Second mortgage on the real estate located at 1000 Sandbank Road, Mt. Holly Springs, Cumberland County, PA 17065, Second mortgage on the property located at 231 E Old York Road, Carlisle, Cumberland County, PA, First mortgage on the property located at 830 N West Street, Carlisle, Cumberland County PA, 17013. Second mortgage on the property located at 220 E Old York Road, Carlisle, PA, Security Interest in all business assets of Coyle Lumber & Millwork, Inc., and Security interest in all business assets of Yellow Breeches Box Company. OPTION TO DECLARE LOAN DUE. Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the term established in the "Payment" section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all interest which shall have accrued thereon to be due and payable on the fifth (5th) anniversary of the date of this Promissory Note and on each succeeding Five(51 year anniversary of that date during the term hereof, hereinafter referred to as "Loan Call Date ". In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan Call Date. In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at least 90 days prior to the Loan Call Date. Borrower shall, on or before the Loan Call Date immediately following such notice, repay the entire principal balance due under the Promissory Note together with all unpaid interest which shall have accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of the within loan transaction. Notice provided by first class mail to Borrower's last known address shall be deemed to have been delivered when deposited in the mail. 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 welt 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. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about February 15, 2006. Upon breach of any term of condition therein Lender shall have the right to declare this loan in default and demand payment in full of the principal balance remaining unpaid, together with all interest, which shall have accrued thereon. REQUIRED DEPOSIT ACCOUNT. Borrower(s) and guarantor(s) shall be required to establish and maintain primary deposit account relationship with Commerce Bank. OPTION TO NEGOTIATE A NEW FIXED Fr :_ _ Upon expiration of initial Fixed Rate period Bor ` shall have the option to elect a new fixed rate as offered by Lender, if a new fixed not negotiated interest rate shall be Commerce :.grime plus 0 -50% to float. FiUCCESS0R The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, PROMISSORY NOTE Loan No: 3308150 (Continued) Page 3 successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us it we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracylies) should be sent to us at the following address: COMMERCE BANK /HARRISBURG N.A. LOAN SERVICING PO BOX 1195 CAMP HILL, PA 1701 1 -1195. GENERAL PROVISIONS. If. any part of this Note..cannot,be enforced, this tact 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 any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non - judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; le) 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; and (f) 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 Irepeatedly 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 110 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED IN RUMENT ACCORDING TO LAW. BORRQ R: X — (Seal) X ISeap eth W. Heiser M. Lucrn erser ' la61a -01-1, VS 5 OC 00• Cua »Nwa f.r.<u� seMa.�s. �n< 79 97,— At nlym <nvaereo. o• p.,w Aw tLwJi1•Cc LatD20$C —.170- On.16 DISCLO. RE FOR CONFESSION OF A -MENT .. ...... .................I..n..:Q �............... u t .:: .;;;:;:<.::;::.;:.;:.;:.::::.:: #� ............... t.................. It .............................. ... :........................................................................................................................ Y.............:......:............. �1........................................: Gd.....(.. GOII ............................ °... ;....� ............. ..... ..0... ......... Qt3fi.. 0 2..'I.7 21321:::.:::..:::::::3 f7$ .a :. References in the shaded area 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: Kenneth W. Heiser Lender: COMMERCE BANK /HARRISBURG N.A. M. Lucinda Heiser 1 COMMERCIAL MORTGAGE DEPARTMENT 1000 Sandbank Road P.O. Box 127 100 SENATE AVENUE Mt. Holly Springs, PA 17065 CAMP HILL, PA 17011 (717) 975 -5630 Declarant Kenneth W. Heiser 1000 Sandbank Road P.O. Box 127 Mt. Holly Springs, PA 17065 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF �ZY)� �''� , 20 b(D , A PROMISSORY NOTE FOR $240,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UN ER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE N TI E OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME FESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: :..... :; :i: >:... B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS 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 NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THE E R TS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER P I BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. .. .. . .. INITIALS: `::.: ; ' : ^t:: > C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: II 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE 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. DECLARA T: (Seal) en 0th W. Heiser LASER PRO Landing, Va,, 5.30.00.004 Cop,. Harland Financial Salutlona, Inc. 1997, 3006. All Riphn R .... vad. -PA H: \WINAPPSILPWIN\CFRLPL1030.FC TA-17014 PR -19 ^ _ D RE FOR CONFESSION OF A WENT References in the shaded area 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: Kenneth W. Heiser Lender: COMMERCE aAmxMw\RmoouRam.A. M. Lucinda Heiser � , nOMmsRcu\L MORTGAGE osnunTMemT 1000 Sandbank Road p.o. Box 1z7 1oo SENATE Avsmus Mt. Holly Springs, Px 17065 CAMP HILL, pA 17011 (717) 975-5630 Declarant: M. Lucinda Heiser — 1000 Sandbank Road p.o. Box 1o7 Mt. Holly Sv,mus' PA 17065 DISCLOSURE FOR CONFESSION OF JUDGMENT |AM EXECUTING, THIS _�_LDAY mF 20 y} A PROMISSORY NOTE FOR $24o,0oo.0oOBLIGAT MsnO REPAY THAT AMOUNT. A. | UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT Pnovm|Om THAT VVOVLo psnMnr Lsmoen TO emTsn JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DspEmm AGAINST THE smTHv OF JUDGMENT. IN sXEoUnm8 THE NOTE, BEING FULLY 4Vu4ns OF oxr RIGHTS TO ADVANCE NOTICE AND TmA HEARING TO CONTEST THE VALIDITY Op ANY JUDGMENT On OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST xxE UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE N CE OF THE ENTRY OF JUDGMENT, AND | EXPRESSLY AGREE AND CONSENT TO LENDER'S sNTsn|mG JUDGMENT AGAINST m|omAa PROVIDED FOR |N THE CONFESSION oP JUDGMENT PROVISION. INITIALS: B. | FURTHER UNDERSTAND THAT |N ADDITION TOGIVING LENDER THE RIGHT To ENTER JUDGMENT AGAINST w)e WITHOUT ADVANCE NOTICE OnA HEARING, THE CONFESSION op JUDGMENT PROVISION |N THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE ORA HEARING, TO EXECUTE Om THE JUDGMENT av FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING PO$osoo|Om OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL onPARTIAL p4rx0smT OF THE JuooxxsmT. IN EXscuT|mm THE moTs' as|mG FULLY AmoAHs Or MY RIGHTS To ADVANCE NOTICE AND A *Eummm AFTER JUDGME IS ENTERED AND BEFORE EXsooTmm ON THE JUDGMENT, |Axo omOxV|mWcv' INTELLIGENTLY AND VOLUNTARILY xxA|V}mG THESE RIGHTS, AND | EXPRESSLY AGREE AND CONSENT TO Lsmoen'm |Mx0so|ATEcY EXECUTING ON THE JUDGMENT IN ANY xoAmNsn P ED APpL)CAaLEmTATsAmopEoEmuL LAW, WITHOUT GIVING xxs ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING Rsuo AND osrsnox|mso mm|CV OF THE FoLLomxmo STATEMENTS ARE AppuCAoLs' BY |m|Tw^umo EACH S TATEMENT THAT APPLIES, I REPRESENT THAT 7t 1 . | WAS REPRESENTED eYuoY OWN INDEPENDENT LEGAL COUNSEL |m CONNECTION WITH THE NOTE. 2. A REpnsmemT»nms OF Lsmosn apEC|p|o4uY CALLED THE cONFEom|om OF JUDGMENT pnov|mmm IN THE NOTE Tm MY ATTENTION. D. | CERTIFY THAT MY ANNUAL |mcO/ms EXossoa $ro.000; THAT THE au»mum IN THIS DISCLOSURE WERE FILLED nxxx*sm | |m|T/uLso AND SIGNED IT; AND THAT | RECEIVED A COPY AT THE TIME oFSIGNING. THIS o|nouoouns IS omEm UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT 0r4 SEALED |NoTnuxxsNT ACCORDING ToLAW. X 8ouV L'ci Heiser 'u*A "°'"` COMMERCIAL "GI�rARAN TY' ,? ~" id'n�: :4 �'-c J !t, t: °rrL.{k1• I• , r• +z � '_... .. ._ - ... __ y . C_'A sEC_c 1.� . n 'lull �C�t -" C "r oryFr F,. ,9.• " .i+ ................... . . . . . . .. ... s:4 =: :;:: ::;;4:...,...::;: e :: r; .•�: - :.>:.;z :;;.: ;: o:::.; .: r:: ;.:a ;:::.:x:.'::::.:::: ea::::::r:: s::;;:z.;:.:�: .s;:;:::::;.::.: . s; : :; :.:::.::...,... ..:.::::::::::::: .::::..::..::.�::.- ..:::::.:::: P c .a1 :::::.::::::. ::.:::;::.:1 a ..DB .............. a .... ......._ ............ ....._..... ............_,..........._..... P .............:: ::....:........P....I)........ Q......- ....- X11.._ #t11.._ .................................................... ........................ ....... ......................................................................... tiCX ..- ......._Y►..L�aI.......... ::::.;;;;: r>:.;:.;:;: s;:.;:.;:.;:: s; ;::a::::::s::- ::�:::::�;;�:.:;: �;;: sz ::::::::::::::: �:: �:: a: �:: �:; a::-:::: s;.::.;;: �:: :.;:;::re::::::::a�:ssss:::; :;:.;:;:.;:.: s.::::•.:: ; s:: ; s:_:::.: o-::.::: a.:;;; ss::;: a;: :;: a.: a;:.: �::. 9::>::;: �> ;ss >::s >s::�:9:;: >::: >:< %:s:: >: ss: �s»: �s: �: ss: �»::-> s::: a: �s: >;s::: >s >s: >:::<:E::::;: >:� >::: : >:::.>::> References in the shaded area 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: Kenneth W. Heiser Lender: COMMERCE BANK /HARRISBURG N.A. M. Lucinda Heiser COMMERCIAL MORTGAGE DEPARTMENT 1000 Sandbank Road P.O. Box 127 100 SENATE AVENUE Mt. Holly Springs, PA 17065 CAMP HILL, PA 17011 (717) 975 -5630 Guarantor: Coyle Lumber & Millwork, Inc. PO Box 67 Mt Holly Springs, PA 17065 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 bylaw, 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, '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 tu ,= fure 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 und'eterrnined; 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 v_oidabte 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 of more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall 'be cumulatiGdj , his'Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's'liability'wjlj be Guarantor's aggregate liability'underthe terms of this Guaranty and any such other unterminated guaranties. •.,• rte• CONTINUING GUAFiANTYf ! `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'INDEBTEONESS 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 wiii 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 advances or 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. This Guaranty will continue to bind „Guarantor for all the Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this.Guaranty ( and, specifically .will not be considered to be new. indebtedness..., This Guaranty shall bind Guarantor's estate as to the Indebtedness created l both before and after Guarantor's death or incapaci p ty,: 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), prior to Guarantor's written revocation of this Guaranty 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 authorises Lender; either before or after any revocation hereof, without notice or demand and with6u lessening Guarantor's liability'underthis 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 EXHIBIT COMMERCIAL GUARANTY Loam No: 3308150 (Continued) Page 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 W) 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, compiled by a certified public accountant satisfactory to Lender. Tax Returns. As soon as available, but in no event later than one - hundred - twenty (120) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by a professional accountant satisfactory to Lender. 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 (AI to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; '(C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or defenses arising by reason of (A) any "one action" or "anti- deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or' otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced; there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at 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. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. 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 -quests, any notes or credit agreements now or after evidencing any debts or obligations of s Borrower to Guarantor shall be marked wit L egend that the same are subject to this Guarar 'id shall be delivered to Lender. Guarantor ' tay`ees, and Lender is hereby authorized, in 6.1 name of Guarantor, from time to time to file finai,ding 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 Loan No: 3308150 (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 party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's 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 attorneys' fees and legal expenses whether or not there is a lawsuit, including 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. This Guaranty has been accepted by Lender in the 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. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Kenneth W. Heiser and M. Lucinda Heiser and includes all co- signers and co- makers signing the Note and all their successors and assigns. GAAP. The word "GAAP" means generally accepted accounting principles. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Coyle Lumber & Millwork, Inc., 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 COMMERCE BANK /HARRISBURG N.A., its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and /or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. 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 nthar ingt—mantc ............._._._ _- ..._..__ COMMERCIAL GUARANTY Loan No: 3308150 (Continued) Page 4 CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 05001 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 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 FEBRUARY 17, 2006. 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: COY L MBE MILLW INC. / t g (Seal) By ✓ % ISeall nnet eiser, President of Coyle Lumber & M. L iser, ecret "r o Coyle umber & Millwork, Inc. Millwork; Inc. CORPORATE ACKNOWLEDGMENT COMMONWEA H OF JENNS LVANI i )SS COUNTY OF I Al 2 day of 0 before me ! the undersigned Notary Public, ersonally appeared enneth W. Heiser P esi e t and M. Lucinda Heiser, Secretary o oy e 4ta be & Millwork, Inc., who acknowledged them elves to be the President; Secretary of yle Lumber & Millwork, Inc., of a corporation, and they as such President; Secretary of Coyle Lumber & Millwork, Inc., being authorized o do so, executed the foregoing instrument for the oses therein contained by signing the name of the corporati by themselves as Presi n Secretary of Coyle Lumber & Millwork, Inc.. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA >r Notarial Seal ,Wqueline L. Drawtsaugh, Notary Public Notar Public in a for the State o CadIisle Born, Cumberland County My Canmission Expires Aug. 14, 2007 Member, ParrAania Association Of Notaries USER PRO L.dma, V— 5.I0.00.OW C,p,. H—d Fw—W S-tia— Inc. 1997, 2006. All At.— Ress - PA N: IWINAPPSILPWIN\CFI\L➢L1E20.FC 7R -17014 PR -19 Ni , ��K�%��N�� ����� ����N0����U���� ��� �U ^ . � .~.~~~^.-~~` ..._ FOR CONFESSION ~~. ,~. ^".~..-.~ . ^ SUMER References in the shaded area 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: Kenneth vv.Heiser Lender: COMMERCE BANK/HARRISBURG m^u. M. Lucinda Heiser (I coMmsnomL MORTGAGE DEPARTMENT 1000 Sandbank Road p.o. Box 1u7 3801 pxxTom m7nssT Mt. Holly Springs, pA 17065 HARRISBURG, PA 17111 Declarant: cvv|o Lumber &Millwork, Inc. Box 67 Mt. Holly Springs, eu 17065 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED |o EXECUT ON BEHALF OF DECLARANT, THIS _ 1_9oAv OF & bNhA 14 20 J~IV. A GUARANTY OF A PROMISSORY NOTE FOR $240,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. ` A. THE umosnm|mmso umosnSnumoo THAT THE muAmumTY CONTAINS CONFESSION OF JUDGMENT Pnomamm THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TOCONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE GUARANTY, THE VmosnS|GmEo, ON os*4LF Or THE osCLunAmT. IS Kmoxx|moLv' |mTsLumsmTLY. AND VOLUNTARILY mw^m|mm Tnsos n|m*To. |moLuo|mG ANY n|m*r TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED sXpnsoacr AGREES AND CONSENTS TO LENDER'S smTeR|mG JUDGMENT AGAINST DECLARANT BY CONFESSION AS pRov|oso FOR IN THE CONFESSION OF JuoormsmT RO 10 , |m|T - B. T* mosns|mmso runTxsa umosnnTAmoa THAT IN Aoonnom To mnomm LENDER THE mm*rTo ENTER JUDGMENT AGAINST DECLARANT vx|T*oVT ADVANCE NOTICE On A neummG' THE CONFESSION OF JUDGMENT pnomo0m IN THE 'GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE moT/osonA ' HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE Se|z|mm osCLAnAmT'm pnopsnTY. IN FULL on PARTIAL PAYMENT Op THE JUDGMENT. IN sXsCunmG THE ouAnAmTr' ae|mm FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOT AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE umosno|mmso' ON os*xLp OF THE oscLAmumT' IS Kmmxv|macY. |mTsLL|GsmTcv AND vocumTAn|cv xxAm|mm T*sas mm*To. AND THE umosnS|Gmso EXPRESSLY AGREES AND CONSENTS TO Lemosn'o |oxoxso|ATELv sXsuuT|mG ON THE JuoGxosmT IN ANY xxxmmsn psnxo|TTso BY AppucAaLs STATE AND psoanAL Luxx' WITHOUT mm|mG DECLARANT ANY ADVANCE oTcs |mm C. A n AAVINm nsxo AND DsTsnm|mso vx*|C* OF THE poLLom//mG mTATsxxemTo ARE APPLICABLE, BY xxITvuumm EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: /mmALe 1. DECLARANT WAS nspnsosmTsm BY nsoLAnxmT'o Oxvm |mospsmosmT LEGAL CoumasL IN commsuTmm WITH THE GUAR AmTY' � o. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TooecuunAmT'eATTENTION. � 1 ,.. DISCI ,URE FOR CONFESSION OF JUD ]ENT a _.L?an No: 3308150 (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 ER ILLWO NC. BY ..: ISeaq n eth W. Heiser, President of Coyle Lumber & Millwork, In . Y ........./ C........ 1Seal) M. nda Heiser, geciefary of Coyle Lumber & Millw rk, Inc. LASER PRO Landing, Vm. 5.32.10.003 Cop,. Han-d R-6.1 5W fl.na. 1... 1997, 2006. A9 Righb R.—d. - PA HAW1NAPPMPW1N \CFI \LPLX030.FC TR -17014 PR -19 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Coyle 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, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 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 - $ 158,871.32 Interest to 1/8/2014 - 8,619.96 Late Fees to 1/8/2014 - 2,721.20 Attorney's Commission (10% of unpaid principal and interest) - 16,749.13 Total - $ 186,961.61 Together with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 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 f or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. Copies of all documents filed are attached hereto. Prothonotary 0 F " FEB 1 AH 10. 1 F ItNNSYLVAWIA 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, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW C.�' u t vs. No. "l 0 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: D , 2014 R 14ESS I.D. #55774 Attorney for Plaintiff 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 BANK / HARRISBURG, N.A., Plaintiff ilLED-OTTICE THE PROTHONOTAR'l 2ORMAR -3 P 1:26 CUMBERLAND COUNTY ENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW vs. : No. 14-841 Civil COYLE LUMBER AND MILLWORK, INC., Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF LEBANON 1, 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. SS. 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 subscribed to before me this c 7' day of 2014. Notary Public NOTARIAL SEAL PATRICIA L YOUNG, NOTARY PUBLIC CITY OF LEBANON, LEBANON COUNTY MY COMMISSION EXPIRES DECEMBER 17, 2017 LISA I. FOX 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, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-841 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 1/8/2014 - Late Fees to 1/8/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 158,871.32 8,619.96 2,721.20 16,749.13 $ 186,961.61 Together with interest which continues to accrue at the contract rate after January 8, 2014 and after entry of judgment and until paid in full ($26.478553 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 L Witirmbh-4114014, By: �-i MA''" A. I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorney for Plaintiff Posta CERTIFIED MAILTM , - RECEIPT (Dome stic4Mail■ Only ;,No Insurance,Coverage,Provided) For,dellve Iriformetlontivi §It ou b`sit at,www.usps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0,49 V $3.30/` $2,70" so.00 6.49 02/-257-2014 Sentro - ,-Coyle Lumber and, Ad 1 6treet, Apt No.; • or PO Box No. 231 East York Road ork Inc City, State, Z/P +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 back of the mailpiece,_ or on the front if space permits. 1. Article Addressed to: Coyle Lumber and Millwork, Inc. 231 East York Road Carlisle PA 17013 COMPLETE THIS SECTION ON DELIVERY A. Signal re X 0 Agent O Addressee C. Date of Delivery ' B. Received by 'P 4 ed Name) 6117 1145JPi D. Is dLsiivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type X® Certified Mall 0 Express Mall 0 Registered 0 Return Receipt for Merchandi ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label. 7012 3050 0002 '1636 4941 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540