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HomeMy WebLinkAbout14-2676 �V KEEFER WOOD ALLEN&RAHAL,LLP i 417 WALNUT STREET,4TH FLOOR PO BOX 11963 i HARRISBURG,PA17108-1963 FULTON BANK,N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V. . NO. TIS AND COMPANY, INC. CONFESSION OF JUDGMENT Defendant CONFESSION OF JUDGMENT By virtue of the authority conferred by the Note,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 the Defendant for the sum of$120,966.24 and costs of suit. Eugene E. Pepms4,Jr. Attorney for Defendant by virtue of the authorization contained in the Note =rn Q ._... OJ14 i I 12- � 3bsa�3 Y' )Vb /P KEEFER WOOD ALLEN&RAHAL,LLP 417 WALNUT STREET,4TH FLOOR PO BOX 11963 HARRISBURG,PA 17108-1963 FULTON BANK,N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V. NO. ew TIS AND COMPANY, INC. CONFESSION OF JUDGMENT Defendant NOTICE OF DEFENDANT'S RIGHTS A judgment in the amount of$120,966.24 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(3b)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(3 0)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 AND CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND.OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE -� -: Cumberland.County Bar Association _ —� 32 S. Bedford Street 01 = � s Carlisle,PA 17013U7 -; (717)249-3166 CI CD-,I KEEFER WOOD ALLEN&RAHAL, LLI By: Euge e E epinsky,Jr. Attorney I.D. 923702 417 Walnut Street,4th'Floor P.O. Box 11963 Harrisburg,PA 17108-1963 (717) 255-8051 Attorneys for Fulton Bank,N.A. i . KEEFER WOOD ALLEN&RAHAL,LLP 417 WALNUT STREET,4T"FLOOR PO BOX 11963 HARRISBURG,PA 17108-1963 FULTON BANK,N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V. TIS AND COMPANY, INC. CONFESSION OF JUDGMENT Defendant COMPLAINT 1. Plaintiff Fulton Bank, N.A. is a national banking association, with an office at One Penn Square,Lancaster,Pennsylvania 17602. 2. Defendant is TIS and Company,Inc.,a Pennsylvania corporation,whose last known address is 2231 Canterbury Drive,Mechanicsburg,Pennsylvania 17055. 3. On or'about February 14,2005,Defendant,for good and valuable consideration,executed and delivered a Promissory Note(the"Note")to Plaintiff. A true and correct copy of the Note is attached hereto, made a part hereof and marked Exhibit"A". 4. The Note referred to in Paragraph 3 above has not been assigned by Plaintiff to any person or organization. 5. Judgment has not been entered on the Note referred to in Paragraph 3 above in any juris- diction. 6. The Note provides that Plaintiff may confess judgment against Defendant at any time after a default for the unpaid principal balance of the Note plus accrued interest and late charge together with costs of suit and attorneys'feesof the greater often percent(10%)or$500.00. 7. The obligations of Defendant are in default, among other things, by reason of its failure to comply with Plaintiff s;demand for payment in full of the amounts due and owing to Plaintiff under the Note. i KEEFER WOOD ALLEN&RAHAL,LLP 417 WALNUT STREET,4T'-'FLOOR PO BOX 11963 HARRISBURG,PA 17108-1963 8. The amount due on the Note as of April 17,2014, is$109,969.31, of which.$109,619.56 is principal and $304.50 is interest and $45.25 is expenses. Ten percent (10%) of the foregoing sum is $10,996.93. 9. Plaintiff has been advised and,therefore,avers that Defendant executed the Note referred to in Paragraph 3 above forbusiness purposes. 10. This;confession of judgment is not being filed against a natural person(s) in regards to consumer credit transaction. WHEREFORE,Plaintiff demands judgment against Defendant in the sum of$120,966.24,together with interest as may hereafter accrue and costs of suit. KEEFE8(�D N&RA HAL,LLP ,t Date: April 17,2014 By: / Eu6Ze E. Ae-pinsky, Jr. Attorney I.D. #23702 417 Walnut Street, 01 Floor P.O. Box 11963 Harrisburg,PA 17108-1963 (717) 255-8051 Attorneys for Fulton Bank,N.A. i KEEFER WOOD ALLEN&RAHAL,LLP 417 WALNUT STREET,4T"FLOOR PO BOX 11963 HARRISBURG,PA 17108-1963 VERIFICATION The undersigned, Shayne Gall, hereby verifies and states that: 1. He is an authorized representative of Fulton Bank,N.A.,Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are ]nade subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. Shayne 1 Dated: •,� �,2014 ININII611i�iINIIINSIialN11�NilIICiI�IVBf lIH I�I�N�11N1�1911�NI�N�fI�I11N6f s11N1NiINIIff91�N11�'UNNi( '00001.9706866.010100010031057• PROMISSORY NOTE Borrower: Tis and Company,Inc. Lender: Fulton Bank Can Mec terbury Drive Downtown Harrisburg Office echantcaburg,PA 17056 Corporate Address One Penn Square Loncastcr,PA 17602 Principal Amount: $200,000.00 Date of Note: February 74,2005 PROMISE TO PAY. Tis and Company,Inc-J"Borrower"I promises to pay to Fulton Bank("Lander"),or order,In lawful money of the United States of Americo, on demand, the principal amount of Two Hundred Thousand& 001100 Ddlers(6200_000.00)er_so rnlich as_may_be_______,_^�__.______ outsYaAding tb�tFiar vitth lh�'iiias£a`n�fia unpaiii outstanding pdncipel tialegoe of each advance. Interest shall he calculated from the data of each advance until repayment of each advance. _— PAYMENT. Borrower will pay this loan In full immediately upon Lender's demand, Borrower will pay regular monthly peymonts of all accrued unpaid Interest due as of each payment date,beginning February 28,2005,with all subsequent Interest payments to be due on the same day of each month after that. Unless otherwise agroad or required by applicable law,payments will be applied first to any accrued unpaid Interest; than to principal:then to any late charges;and then to any unpaid collection costs. 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,muldplied by the outstanding principal balance, Multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lander 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 the Fulton Bank Prime Rate ithe'Index'). The Index is not necessarily the lowest rate charged by Lander on Its loans and is set by Lender in Its t solo discretion. If the Index becomes unavailable during the term of this loan,Lender may designate a substitute index after notifying Borrower. Lender wilt 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 interest rate to be applied to the unpaid principal balance of this Note will be at a rata of 1,000 percentage point over the Index, NOTICE: Under no circumstances will the interest rate an this Note be more than the maximum rate allowed by applicable law. j 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 rofund upon early payment(whether voluntary or as a result of default),except Be Otherwise required by law, Except for the I foregoing,Borrower may pay without penalty all Or.a portion Of the amount owed earlier then it is due. Early payments wilt not,unless agreed to by Lender in writing,relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid It. Rather,early 1 ower not to send Laner simt recourse,,or ilarr language.will dIt Borrower nse dscipal b such a paymenalance due. t,rLander Maysaccept It without losing any off Lender's rightss marked "paid iundelr this tnteresNote.and Borrower I will remain obligated to pay any further amount owed to Lander. 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 fug satisfaction of a disputed amount must be mailed or delivered to: Fulton Bank,Downtown Harrisburg Office, Corporate Address,One Penn Square,Lancaster,PA 17602. LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late,Borrower will be charged 5.000%u of the unpaid portion of the i regularly scheduled payment. It Lender demands payment of this loan,and Borrower does not pay the loan in full within 15 days after Lender's demand,Borrower also will be charged 5.000%of the unpaid portion of the sum of the unpaid principal plus accrued unpaid Interest. INTEREST AFTER DEFAULT, Upon default,including failure to pay upon final maturity,lender,at its option,may,if permitted under applicable j law,increase the variable interest rate on this Note to 6.000 percentage points over the Index. The interest rate will not exceed tho 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, LENDER'S RIGHTS. Upon Lender's demand;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 than 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 I Lander that amount. This In Judea,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 law. all other sums provided by +�MorcQ JURY WAIVER. Lander and Borrower horeby waive the right to any Jury trial In any action,proceeding,Or counterclairfr�br gyt by•either Lendei at Borrower against the other. i 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 pr"slons, This Note has been accepted by Lander In the Commonwealth of Pennsylvane. _ ) t RIGHT OF SETOFF, To the extant permitted by applicable law,Lender reserves a right of setoff In all Borrower's accounts with Lander(whother chocking,savings,or some other account). This includes all accounts Borrower holds jointly with someone also 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 II and alt such accounts,and,at Lender's option,to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff I rights provided in this paragraph. I j COLLATERAL. Borrower acknowledges this Nota is secured by PA; , A,.:14541..x. unty, I Mortgage on tart. /lf4� Y e a G.II(Ije' e G an Steven C.Bohn and 8arbare L.Bohn. F LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested orally by Borrower or as provided In this paragraph. All oral requests shall be confirmed In writing on the day Of the request. All communications,instructions,or directions by telephone or otherwise to Lander are to be directed to.Lender's office shown above. The following person currently is authorlted,except as Provided In this paragraph,to request advances and authorize payments under the line of credit until Lender receives from Borrower,at Lender's address shown above,written notice of revocation of his or her authority: Chief Executive Officer. Any and all advances under the Line of Credit shall be deposited Into Borrower's chocking account 1/3622-39412 with Lender. 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 daily principal balance owing on this Note at any time may be evidenced by endorsements on this Nola or by Lender's internal records,including , computer print-outs. CROSS DEFAULT.Any event of default under any loan due and owing to Lender by Borrower,at any time,shall constitute on event o1 default I under all loans due and owing to Lender by Borrower. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns,and shall inure to the benefit of Lander and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Borrower and any other person who signs,guarantees or endorses this Note,to the extent allowed by law, waive presentment,demand for payment, and notice of dishonor. Upon any change in the terms Of this Note,and unless otherwise expressly stated in writing,no party who signs this Nota, whether as maker,guarantor,accommodation maker or endorser,shall be released from liability. Alf 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 Lander without the consent of or notice to anyone. Alf such parties also agree that Lander may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are Joint and several, if any portion of this Note is for any reason determined to he ' - i Loan No:0001-9706865-0101 PROMISSORY NOTE(Continued) Page 2 unenforceable,it will not effect the enforceability of any other Provisions of this Note. I 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 l OF'SUIT,AND AN ATTORNEY'S COMMISSION OF TEN PERCENT(10°x)OF-THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN`FIVE HUNDRED DOLLARS ($600)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 L-EGAt 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 1S GIVEN UNDER SEA1 AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, BORROWER; TIS A4A. Y, C. //'� BY! ISoel) Bit [� } � Cr.G� sl Pr cldan o}Tic and CompanY,Inc. Steven C.Bohn,Chief Executive Officer of Tis and (Seal) I Company,Inc. I. unx rwwr:y-vr.r,n.mmr c,.,,x.n.rF..,.,,n srw,,,r,..rw>,,ma..�wrur....r..r,•nnmwmprenmmx nrrirn . I DISCLOSURE FOR CONFESSION OF JUDGMENT 6Drrower: Tla and Company,Inc. Lander: Fulton Bank 22]1 Canterbury Downtown Harrisburg Office Mechanlcsburp;AAA 1 Y7056 � Affiant: Marla Rose Geruls I I I Harr slbu g ,PA 1 109 I�I�����III�Il111Jlll�l��ll�p�l��lll��ll� DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING,THIS_,/4,DAY OF /I�f 20 12 A GUARANTY FOR AN UNLIMITED AMOUNT. ----A-.-i-UNDERSTAND-THAT THE-GUARANTY-CONTAINS'A CONFESSION-OF"JUDGMENT-PROVISION-THAT-WOULD-PERMIT-ENDER-TO'—""-- — "- -- --— ENTER JUDGMENT AGAINST ME IN COURT;AFTER A DEFAULT ON THE GUARANTY,WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST,THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY,AND VOLUNTARILY WANING THESE RIGHTS,INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT,AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. S. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING,THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT,AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING,TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON,ATTACHING,LEVYING ON,TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY,IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT.IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT 15 ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS,AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT,IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE, C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE,AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES,I REPRESENT THAT: INITIALS I. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. ,—_z2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS$10,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT;AND THAT I RECEIVED A COPY AT THE 71ME OF SIGNING. I 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. AFFIANT: i >sa �0 . Moria Re a Garula ISeal) Signed, dknowi od d delivered In the proaonco ot: !' IWiln s , X tallness i 1 1 I I DISCLOSURE FOR CONFESSION OF JUDGMENT Borrower.' Tis and Company,Inc Lender; Fulton Bank 2231 Canterbury Drive MeehenToa6urg,PA 1704Downtown Harrisburg Office 6 '• Corporate Address One Penn Square Affldnt: Peter A.Gorula Lancaster,PA 17002 412 Kingston Road Harrisburg,PA 17108 DISCLOSURE FOR CONFESSION OF JUDGMENT ! I AM EXECUTING,THIS DAY OF 201�fA GUARANTY FOR AN UNLIMITED AMOUNT. A.—'h ONOf RSTAND'THAT"THE GUARANTY CONTAINS A CONFESSION Ox JUDGMENT PROVISION THAT WOU4D PERMIT[ENDER TO" "' ""'--" -- ENTER JUDGMENT AGAINST ME IN COURT,AFTER A DEFAULT ON THE GUARANTY,WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY i AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING To CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY,INTELLIGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS,INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT,AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. S. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A.HEARING,THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD N PERMIT LENDER,AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON,ATTACHING,LEVYING ON,TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY,IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT.IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS,AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT,IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE,AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES,I REPRESENT THAT: INITIALS I. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY, 2, A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY i .TO MY ATTENTION. D, I CERTIFY THAT MY ANNUAL INCOME EXCEEDS 5/0,000 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. I THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE • AFFIANT;*1,11A ! Igoal) delivered in the presence of: i Wltneas i i I I i I I , I KEEFER WOOD ALLEN&RAHAL,LLP 417 WALNUT STREET,4T"FLOOR PO BOX 11963 HARRISBURG,PA 17108-1963 FULTON BANK,N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V. N TIS AND COO. MPANY, INC. . Defendant CONFESSION OF JUDGMENT NOTICE To: TIS AND COMPANY, INC.,Defendant You are hereby notified that on _, , 'udgment by confession was entered against you in the sum of$120,966.24 and costs of suit in the above captioned case. Prothono YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle,PA 17013 (717)249-3166 I hereby certify that the following is the address of the Defendant stated in the certificate of residence. TIS AND COMPANY,INC. 2231 CANTERBURY DRIVE MECHANICSBURG,PA 17055 Attorne or.Plai KEEFER WOOD ALLEN&RAHAL,LLP 417 WALNUT STREET,4T"FLOOR PO BOX 11963 HARRISBURG,PA 17108-1963 FULTON BANK,N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V. NO. TIS AND COMPANY,INC. CONFESSION OF JUDGMENT Defendant NOTICE To: TIS AND COMPANY, INC.,Defendido Usted esta siendo notificando que el de April del 2014, se anoto en contra suya un fallo por confesion en la suma de $120,966.24 y costas del juicio en el caso mencionado en el epigrafe. Prothonotary USTED DEBE LLEVAR IMMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NO TIENE`UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle,PA 17013 (717)249-3166 Certifico que la siguiente direccion es la del defendido/a Begun indicada en el certificado de residencia: TIS AND COMPANY, INC. 2231 CANTERBURY DRIVE MECHANICSBURG PA 17055 Attorney for aintiff(s)