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HomeMy WebLinkAbout14-3929 LAW OFFICES OF PETER J. RUSSO,P.C. BY: Peter J. Russo, Esquire A PA Supreme Court ID: 72897 "j i 4 JUL —3 Pia � 5006 E. Trindle Road, Suite 203 C U M B D R L A l D CCUNl Mechanicsburg, PA 17050 PE.1rNSYLVA N=A Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prussokpjrlaw.com MODOUGH ENT., LLC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND, COUNTY,PENNSYLVANIA CIVIL ACTION PSPF HARRISBURG, INC. No. AND MICHAEL J. DISANTE / �� Defendants CONFESSION OF JUDGMENT PRAECIPE FOR ENTRY OF JUDGMENT BY CONFESSION TO THE PROTHONOTARY: Kindly enter judgment by confession in the above-captioned matter against the Defendants, both jointly and severally, and assess damages in the amount of $157,238.40, as follows: Principal: $148,740.81 Abated Payment Return: _ $ 6,171.50 Late Fees: $ 335.15 Post Default Interest: $ 1,290.94 Filing Fees: $ 200.00 Attorney's Fees: $ 500.00 Total: $157,238.40 Sub 'i Law Offices o 5006 E. Trindle Rd, Suite 203 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 3vP�� ft]Oe •F LAW OFFICES OF PETER J.RUSSO,P.C. BY: Peter J. Russo,Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg,PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prussogpjrlaw.com MODOUGH ENT., LLC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION PSPF HARRISBURG, INC. No. /V, 3q.2 AND MICHAEL J. DISANTE Defendants CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT 1. Plaintiff, MODOUGH ENT., LLC. (hereinafter MODOUGH) is a Pennsylvania Limited Liability Corporation with a mailing address of 3310 N. 4th Street, Harrisburg, PA 17110. 2. Defendant, PSPF HARRISBURG, INC. (hereinafter PSPF) is a Pennsylvania Corporation with a registered address of 4085 Caissons Ct. Enola, PA 17025. 3. Defendant, MICHAEL J. DISANTE (hereinafter DISANTE) is an adult individual whose last known address 4085 Caissons Ct. Enola, PA 17025. 4. This is an action to confess judgment for damages arising out of DISANTE's and PSPF's default of a Promissory Note and Guaranty and Suretyship Agreement entered into between MODOUGH and DISANTE and.PSPF dated February 21, 2013. 5. Judgment is not being entered by confession of judgment against a natural person connection with a consumer loan or a residential lease. 6. On February 21, 2013, MODOUGH and DISANTE and PSPF entered into a Promissory Note (hereinafter the "Note") under which MODOUGH lent DISANTE and PSPF ONE HUNDRED SEVENTY-FIVE THOUSAND ($175,000.00) DOLLARS which was to be paid back on or before March 1, 2020. 7. DISANTE and PSPF defaulted under the terms of the Note by failing to pay the monthly payment as required in the Note which is attached hereto and incorporated as Exhibit"A". 8. DISANTE and PSPF were to pay equal consecutive monthly installment of Two Thousand Two Hundred Thirty-Four and 30/100 ($2,234.30) Dollars and MODOUGH has not received payment since April of 2014. 9. The Note under which judgment is being confessed has not been assigned. 10. MODOUGH sent a Letter of Default dated June 19, 2014 to DISANTE and PSPF by U.S. Mail. A true and correct copy of the June 19, 2014 Notice of Default Letter, United States Postal Service tracking information is attached hereto as Exhibit `B". 11. DISANTE and PSPF have not responded to the Notice of Default letter and the amounts in default listed about remain outstanding. 12. The terms of the Note permit MODOUGH to confess judgment on more than one occasion. 13. Judgment is demanded as authorized by the Warrant of Attorney contained in the Promissory Note and Guaranty and Suretyship Agreement attached as Exhibit"A". 14. The Warrant appearing in the attached Note is less than twenty (20) years old. 4 WHEREFORE, Plaintiff, MODOUGH ENTERPRISES, LLC., demands judgment against Defendant, PSPF HARRISBURG, INC. and MICHAEL J. DISANE, in the sum of $157,238.40, plus interest which continues to accrue in the amount of$21.52 per day from May 1, 2014 forward, as authorized by the Warrant appearing in the attached Promissory Note and Guaranty and Suretyship Agreement, together with interest from the date of Judgment, attorney's fees and costs. e aw ffices o—fPeter P.C. 5006 E. Trindle Rd, Suite 203 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 Date: "7 1 l VERIFICATION 1, 51---op w a. a-o,Niz:L. K#,Nt jL n ry,2fv & for MODOUGH ENT., LLC, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MODOUGH ENT., LLC Date: 1,1' 7 OIV ISTlime: Title: EXHIBIT A $175,000.00 February � 2013 Harrisburg, Pennsylvania PROMISSORY NOTE 1D FOR VALUE RECEIVED, and intending to be legally bound, P-%P Iarrisburg, Inc., a Pennsylvania Corporation, (hereinafter collectively "Maker"), with a business address of 530 N. Progress Ave, Suite #300, Harrisburg, PA 17109, hereby promise to pay to the order of MoDough Enterprises, LLC., a Pennsylvania Limited Liability Company, (hereinafter "Payee"), at 3310 N. 4th Street, Harrisburg, 17110 or at such other place as the Payee or Holder hereof may, from time to time, direct Maker in writing, the principal sum of ONE HUNDRED SEVENTY FIVE THOUSAND AND ZERO CENTS ($175,000.00) lawful money of the United States of America together with interest on the outstanding principal balance at the rate of 2% per annum, in equal monthly installments of Two Thousand Two hundred and Thirty Four Dollars and Thirty Cents ($2,234.30), subject to the adjustment set forth below, beginning on April 1, 2013 and continuing thereafter on the last day of each and every month through to the maturity date, March 1, 2020, at which time the principal balance and all accrued and unpaid interest and any other charges thereon shall be paid by Maker in full to the Payee. For the months of April, May, June, July and August of 2013, Maker shall pay One Thousand Dollars and Zero Cents ($1,000.00) rather than the aforementioned Two Thousand Two hundred and Thirty Four Dollars and Thirty Cents ($2,234.30). Lender shall abate One Thousand Two hundred and Thirty Four Dollars and Thirty Cents ($1,234.30) provided Maker pays this Note in full on or prior to the seventh (7'h) anniversary of this Note. In the event Maker defaults on the terms of this Note or does not pay this Note in full on or prior to the seventh (7t") anniversary of this Note, Make shall be responsible for the amount abated in April, May, June, July and August of 2013. Maker shall have the right to prepay this Note in full, or in part, without penalty at any time. If any payment due hereunder is not received by Payee within fifteen (15) days of the applicable due date, a late charge shall be imposed of an additional five (5%) percent of the amount overdue. The provisions for such late charge on the amount not paid on time shall not be construed to permit Maker to make any payment after its due date, or affect Payee's rights and remedies for Maker's default under this Note. In the event Maker fails to timely make a monthly payment, Payee or the holder shall provide a notice to cure giving the Maker fifteen (15) days to cure the missed payment or payments before declaring a default hereunder. In the event Maker fails to cure within the requisite notice period, Payee or holder may declare this Note in default and accelerate all payments and utilize any remedies permitted hereunder or by law. Upon an uncured default, the interest rate to be charged hereunder shall be increased by three (3%) percent. This Note is secured by, inter alia, a security interest of even date herewith granted upon certain assets of Maker described in an Asset Purchase Agreement, Bill of Sale and UCC originally dated February 'a 1 , 2012 In the event of any uncured default hereunder, Payee or holder, at their option and without further notice to Maker, may declare immediately due and payable the entire unpaid balance of the principal sum of this Note and all other sums due by Maker under this Note; and payment thereof may be enforced and recovered in whole or in part at any time by one or more of the remedies provided to Payee in this Note and available by law, in the sole discretion of Payee. In such case, Payee may also recover all costs of suit and other expenses in connection therewith, together with a reasonable attorney's commission for collection (a minimum of 5% of the unpaid principal), together with interest on any judgment obtained by Payee at the rate provided herein, including interest at that rate from and after the date of any Sheriffs sale until actual payment is made by the Sheriff to Payee of the full amount. The remedies of Payee as provided in this Note and the warrants contained herein shall be cumulative and concurrent, and may be pursued singly, successively or together at the sole discretion of Payee, and may be exercised as often as occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release therefore or of any other right or remedy. Except for any required notice(s) under this Note, Maker hereby waives and releases all errors, defects and imperfections in any proceedings instituted by Payee under the terms of this Note, or any other property, real or personal, or any part of the proceeds arising from any sale of any such property, from attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment. Maker agrees that any real estate that may be levied upon pursuant to a judgment obtained by virtue hereof, or any writ of execution issued thereon, may be so levied upon solely, in whole or in part, in any order desired by Payee. Except for any required notice(s) under this Note, Maker hereby waives presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note, and agrees that their liability shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee. Maker consents to any and all extensions of time, renewals, waivers or modifications that may be granted by Payee with respect to the payment or other provisions of this Note, and to the release of the collateral or any part thereof, with or without substitution. Payee shall not be deemed, by any act of omission or commission, to have waived any of their rights or remedies hereunder unless such waiver is in writing and signed by Payee, and then only to the extent specifically set forth in said writing. A waiver of one event shall not be construed as continuing or as a bar to or waiver of any right or remedy to a subsequent event. The Maker intends this to be a sealed instrument and to be legally bound hereby. This instrument has been executed in, and shall be governed by and construed according to the laws of, the Commonwealth of Pennsylvania. The term "Note" as used herein, shall mean the same as amended, modified or altered, from time to time. Whenever used, the singular shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders, and the word "Maker" shall be deemed to include Maker's heirs, personal representatives, successors and permitted assigns and the word "Payee"shall be deemed to include the successors and assigns of Payee. This obligation shall be a joint and several obligation of the Maker, binding upon Maker and its successors and assigns and the benefits hereof shall inure to the Payee, its successors and assigns. UPON DEFAULT EACH MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR ATTORNEYS OR THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, OR IN ANY OTHER JURISDICTION WHICH PERMITS THE ENTRY OF JUDGMENT BY CONFESSION, TO APPEAR FOR ANY OR ALL MAKER IN SUCH COURT IN AN APPROPRIATE ACTION THERE BROUGHT OR TO BE BROUGHT AGAINST MAKER UPON THE SUIT OF PAYEE ON THIS NOTE, WITH OR WITHOUT COMPLAINT OR DECLARATION FILED, AS OF ANY TERM OR TIME, AND THEREIN TO CONFESS OR ENTER JUDGMENT AGAINST MAKE FOR ALL SUMS DUE BY MAKER TO PAYEE UNDER THIS NOTE (WITH ACCELERATION OF MATURITY), INCLUDING ALL COSTS AND REASONABLE ATTORNEYS' FEES. THIS NOTE OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE AUTHORITY TO CONFESS JUDGMENT GRANTED HEREIN SHALL NOT BE EXHAUSTED BY ANY ONE EXERCISE THEREOF BUT MAY BE EXERCISED FROM TIME TO TIME AND AT ANY TIME AS OF ANY TERM AND FOR ANY AMOUNT AUTHORIZED HEREIN. MAKER EXPRESSLY AUTHORIZES THE ENTRY OF REPEATED JUDGMENTS UNDER THIS PARAGRAPH NOTWITHSTANDING ANY PRIOR ENTRY OF JUDGMENT IN THE SAME OR ANY OTHER COURT FOR THE SAME OBLIGATION OR ANY PART THEREOF. WITNESS: MAKER: PSPF Harrisburg, Inc. I Name: (� c- �+ Dated: A31.1.00i Title: RcA41-4 Dated: j MAKER WAIVES ANY RIGHT TO TRIAL BY JURY ON ANY ISSUE OF FACT AND ANY ACTION RELATED TO ANY RIGHTS OR OBLIGATIONS UNDER THIS i NOTE. MAKER AGREES THAT ANY ACTION OR PROCEEDING AGAINST MAKER TO ENFORCE THIS-NOTE.MAY BE COMMENCED,IN,THE COURT OF COMMON PLEAS OF CUMBERLAND or DAUPHIN . COUNTY, PENNSYLVANIA OR ANY OTHER COURT IN PENNSYLVANIA HAVING 'JURISDICTION AND VENUE'OVER THE PARTIES. WITNESS: MAKER: PSPF Harrisburg,Inc. J / Name: Dated: Title: P" Dated: 2j j i r that Maker voluntarily, intelligently and knowingly gave up Borrower's constitutional right to notice and hearing prior to entry of Judgment. 3. Fully, completely and knowingly understanding these rights which Maker has prior to signing the Promissory Note and this instrument and clearly aware that these rights will be given up, waived, relinquished and abandoned, to the extent provided by applicable law, if Maker signs the Promissory Note and this instrument, Maker nevertheless freely and voluntarily chooses to sign the Promissory Note and this instrument, Maker's intentions being to give up, waive, relinquish and abandon its known rights (as described in paragraph 2 above), and subject itself to the circumstances described in paragraph 1 above. 4. Maker acknowledges that (a) the Promissory Note and this instrument have been executed in a commercial transaction for business purposes; (b) at all times material hereto Maker was represented by legal counsel in connection with the execution of the Promissory Note and every other Loan Documents, and in particular the Promissory Note and this instrument; and (c) Maker reviewed the Promissory Note and this instrument with Maker's attorney before signing them. 5. Whenever the context of this instrument requires, all terms used in the singular will be construed in the plural and vice versa, and each gender will include each other gender. MAKER HAS READ THIS ENTIRE FORM. MAKER FULLY UNDERSTANDS ITS CONTENTS AND INTENDS TO BE LEGALLY BOUND HEREBY. WITNESS: MAKER: PSPF Harrisburg, Inc. /Azv /,//. Z-1,3AX, Pr"-1 Name: QI Title: ' Dated: a 1 l D u 1.3 Dated: U /3 EXHIBIT B 45, MoDough Enterprises, LLC 3310 N. 4th St. Harrisburg, PA 17110 717-261-7021 (voice) 717-695-7586 (fax) CERTIFIED Notice to Cure Michael Disante June 19, 2014 PSPF Harrisburg 4085 Caissons Ct. Enola, PA 17025 Mike, In accordance with the Promissory Note you signed and dated February 21, 2013, this is to notify you that your payment due May 1, 2014 has not been received. This is your notice to cure the missed payment or payments. Missed payment or payments must be cured by July 7, 2014. Failure to cure missed payment or payments will result in a declaration of default of the Promissory Note dated February 21, 2013. If you have any questions regarding your account please contact me immediately. Payments may be made by certified check or money order by mail or in person at MoDough Ent. LLC, 3310 N. 4th St., Harrisburg, PA 17110. Your prompt response to this notice is appreciated. Respectfully, Steven O. McDaniel Managing Member MoDough Ent. LLC postal cERTrFIED RECEIPT CO (bomestic Mail Only,No-insurance coverage Provided) Ln M t1 t '. .M . O Postage $ M ;�. , fl_I Certified Fee i sd&� Pos r © Return Receipt Fee V21 G 0 Here O (Endorsement Required) Otil r3 Restricted Delivery Fee .S€_. it �G (Endorsement Required) JV :I U') Total Postage&Fees "``'T I' ` (i' I"u ru Sent To. Street,Apt.NY, /7jJ�C3 or PO Box No. `"T N City State,ZIP+4 <ydo ' Al 7 J 5- PS Form :rr August 2006, 6/30/2014 USPS.cort-0-USPS Tracking"m English Customer Service USPS Mobile Register/Sign In Ausps.com U Search USPS.com or Track Packages U Q. 6,76101�, Ship;fa Pacllwiapc- Srjhl4tiz-;11S. g T11 Customer Service USPS Tracking Have questions?We're here to help. Tracking Number:70132250000023073548 Expected Delivery Day:Friday,June 20,2014 Product & Tracking Information Available Actions Postal Product: Features: First-Class Mail® Certified t&il- Return Receipt. Text Updates DATE&TIME STATUS OF ITEM LOCATION Email Updates June 21,2014,8:26 am Available for Pickup ENOLA,PA 17025 June 20,2014,4.49 pm Notice Left(No Authorized Recipient Available) EN OLA,PA 17025 June 20.2014,4:50 am Depart USPS Sort Facility HARRISBURG,PA 17107 June 20,2014,4:48 am Processed through USPS HARRISBURG,PA 17107 Sort Facility June 19,2014,10:05 pm Processed through USPS Sort Facility HARRISBURG,PA 17107 June 19,2014,3:29 pm Acceptance HARRISBURG,PA 17107 Track Another Package Whars your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUr.USPS.COM OTHER USPS SITES PI-macy Policy I Govertirnent Servtces: About USPS Harne, Business astcrner Gate-way., Terms of Use, Buy Stan-ps&Shop) Newsrmm) Postal Inspectors, FOIA) print a Label with Postage, USPS Service Alerts Inspector General) t FEAR Act EEO Data, Ouslorwr Service, Fortis&publications> Postal Fxplorer i Delivering Scluti—m,to the Last IAle) Careers National postal fAiseum. Site Index AVUSPSICOM, ht4)s://tools.usps.corr-dgo/Track,ConfirmAcfion.acbon?tRef--ftillpage&tLc=l&teA28777=&tLabels=70132250000023073548 1/1 2'so�1 JI.L —3 Fig LAW OFFICES OF PETER J. RUSSO,P.C. C BY: Peter J. Russo' Esquire a�CUMSER! "" COUT"' i PA Supreme Court ID: 72897 PENNSYLVANIA 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prussogpjrlaw.com MODOUGH ENT., LLC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION PSPF HARRISBURG, INC. No. H — -37"-' 9' AND MICHAEL J. DISATE Defendants CONFESSION OF JUDGMENT CERTIFICATION OF ADDRESSES I, Peter J. Russo, Esquire of Law Offices of Peter J. Russo, P.C., Attorney for Plaintiff, MODOUGH ENT., LLC., hereby certify that the Plaintiff, MODOUGH ENT., LLC'S correct address is 3310 N. 4th St., Harrisburg, PA 17110 and that the correct address for Defendant, PSPF HARRISBURG, INC. and MICHAEL J. DISANTE is 4085 Caissons Ct. Enola, PA 17025. I certify that the foregoing information is true and correct to the best of my knowledge, information, and belief. Law Offices of Peter J. Russo, P.C. Peter J. Russo, Sworn to and subscribed Before me this 0�day of 2014 CQMMNWA`Th1OF PENNSYLVANIA Notarial seat publiC otary P 11C R.Malcolm,Notary Ashley Cumberland County Hampden Twp•. trey .12,201 5 my Commission Face ON OF 14 ARI MEMBER,PENNSYLVANIA A550CYATI r 77- LAW OFFICES OF PETER J. RUSSO,P.C. BY: Peter J. Russo, Esquire L ,14 JUL _ PH 3 : ► PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 CUMBERLAND COUNT Y Mechanicsburg, PA 17050 P E«N S Y LVA�y I A Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prussogpirlaw.com MODOUGH ENT., LLC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION PSPF HARRISBURG, INC. No. /y 3 l 9 wiz AND MICHAEL J. DISANTE ` Defendants CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 of JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: PSPF HARRISBURG, INC and MICHAEL J. DISANTE A judgment in the amount of $157,238.40 plus per diem interest of $21.52 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 already 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 you from being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL. HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford St. Carlisle,PA 17013 (717) 249-3166 ` Fii It;L 1lli.d�4` If'il. LAW OFFICES OF PETER J. RUSSO,P.C. BY: Peter J. Russo,Esquire ,? pi _3 ; E, PA Supreme Court ID: 72897 JUL 5006 E. Trindle Road, Suite 203 'UMBCLAN; U1 ,i, Mechanicsburg, PA 17050 PENNSYLVANIA Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prussoApjrlaw.com MODOUGH ENT., LLC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION PSPF HARRISBURG, INC. No. lq — 3 qz AND MICHAEL J. DISANTE Defendants CONFESSION OF JUDGMENT AFFIDAVIT THAT JUDGMENT IS NOT BEING ENTERED BY CONFESSION OF JUDGMENT AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION Commonwealth of Pennsylvania ) ) ss: County of Cumberland ) I, Peter J. Russo, being duly sworn according to law, hereby state that the judgment being entered by confession is not being entered against a natural person in connection with a consumer credit transaction. Peter J. Russo, 're Sworn to and subscribed Before me this 1 �day of 2014 Notary P c COMMONWEALTH OF PENNSYLVANIA Notariaai blic Ashley R.MalcolHampdenTwp.,Cunty MY Commission Ex2015 MEMBER,PENNSYLVANI.ASSOCIATION OF NOTARIES LAW OFFICES OF PETER J. RUSSO,P.C. BY: Peter J. Russo, Esquire :' t{ JOL _3 P;11 PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 CUPISErRLk' D COU -p- Mechanicsburg,PA 17050 PENNSYLVANIA Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso(cr�,pjrlaw.com MODOUGH ENT.,LLC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION PSPF HARRISBURG, INC. No. AND MICHAEL J. DISANTE Defendants CONFESSION OF JUDGMENT TO: Michael J. Disante You are hereby notified that on3r01 (day) of TUIq (month) of 2014 a judgment by confession was entered against you in the sum of$157,238.40 in the above captions case. DATE:_ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORN ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELWO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 (717) 249-3166 1 hereby certify that the following is the address of the defendant as asserted in the certificate of residence: 4085 Caissons Ct. Enola, PA 17025 Peter J. Russo, quite Attorney for Plaintiff TO: Michael J. Disante Usted esta siendo notificado que el (day) de (month) del 2014, se anoto en contra suya un fallo por confesion en la suma de $ 157,127.78 en el caso mencionado en el epigrafe. DATE: Protonotario 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 SIGUEIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 (71.7) 249-3166 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certicicado de residencia: 4085 Caissons Ct. Enola, PA 17025 Peter sso, re -- Attorney for Plaintiff LAW OFFICES OF PETER J. RUSSO,P.C. BY: Peter J.Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prussogpjrlaw.com MODOUGH ENT., LLC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION PSPF HARRISBURG, INC. No. AND MICHAEL J. DISANTE Defendants CONFESSION OF JUDGMENT NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding in the amount of $157,238.40 plus per diem interest of $21.52 until paid in full including post- judgment interest and that enclosed herewith is a copy of all documents filed in support of said judgment. If you have any questions concerning this notice, please call Peter J. Russo at 717- 591-1755 ext 102. i Prothonotary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED -OFFICE Sheriff OF THE PROJHONCTAR Y or c�� Jody S Smith Chief Deputy Richard W Stewart Solicitor of cii rab47b OFFICE OF THE SHERIFF nth JUL, 22 Pi2x5 CUMBERLAND COUNTY PENNSYLVANIA Modough Ent., LLC vs. PSPF Harrisburg, Inc. (et al.) Case Number 2014-3929 SHERIFF'S RETURN OF SERVICE 07/15/2014 03:48 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Confession of Judgment by handing a true copy to a person representing themselves to be Dawn Weakland, Manager, who accepted as "Adult Person in Charge" for Michael J Disante at 4401 Carlisle Pike, Hampden Township, Camp Hill, PA 17011. DAWN KELL, DEPUTY 07/15/2014 03:48 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Confession of Judgment by handing a true copy to a person representing themselves to be Dawn Weakland, Manager, who accepted as "Adult Person in Charge" for PSPF Harrisburg, Inc. at 4085 Caissons Court, Hampden Township, Enola, PA 17025. DAWN KELL, DEPUTY SHERIFF COST: $78.39 SO ANSWERS, July 16, 2014 (c) CountySuito Sheriff, Teleosoft. Inc. r ;s LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com MODOUGH ENT., LLC. Plaintiff PSPF HARRISBURG, INC. AND MICHAEL J. DISANTE Defendants • Or HE PROTHONO TAR 2014 AUG I I AN II: 03 pE�,',���t�D COUNTY IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION No.2014-3929 CONFESSION OF JUDGMENT PRAECIPE TO AMEND TO THE PROTHONOTARY: Kindly amend the Complaint in Confession of Judgment filed on July 3, 2014 by adding the attached Exhibit "C". Date: -I-- LAW OFF' —4:10; ER J. RUSSO, P.C. Peter J. Russo, Esquire ID # 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 y LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.corn MODOUGH ENT., LLC. Plaintiff PSPF HARRISBURG, INC. AND MICHAEL J. DISANTE Defendants • • IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL ACTION No. 2014-3929 CONFESSION OF JUDGMENT CERTIFICATE OF SERVICE I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below: Service by First -Class Mail, Postage Prepaid, and Addressed as Follows: Michael J. Disante 4085 Caissons Ct. Enola, PA 17025 Deborah A. Hughes, Esquire P.O. Box 961, Harrisburg, PA 17108 Date: 8 C < <( EXHIBIT C GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT is made as of February , 2013 by Michael DiSante, an adult individual (the "Guarantor"), in favor of MoDough Enterprises, LLC, a Pennsylvania Limited Liability Company (the "Lender"). RECITALS Pursuant to and in accordance with that certain Asset Purchase Agreement and Promissory Judgment Note of even date herewith (the "Agreements") by and between PSPFHarrisburg, Inc., a Pennsylvania Corporation (the "Borrower"), and the Lender, the Lender has made or has agreed to sell Borrower certain assets, in part, based upon this Guaranty and Suretyship Agreement to the Borrower. All capitalized terms not otherwise defined herein shall have the meanings attributed thereto in the Agreements. As an inducement to the Lender to enter into the Agreements, the Guarantor has offered to execute and deliver this Agreement to the Lender. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Guarantor, and intending to be legally bound hereby, the Guarantor hereby agrees as follows: SECTION 1. Guaranty. The Guarantor hereby irrevocably and unconditionally guarantees to the Lender and agrees to act as surety to the Lender for (a) the full and prompt payment when due, whether by acceleration or otherwise, and at all times thereafter of the Agreements, (b) the full and prompt performance of all of the obligations of the Borrower under the Agreements, and (c) the full and prompt payment and performance of any other indebtedness or liability of the Borrower to the Lender, whether direct or indirect, joint or several, absolute or contingent, contemplated or uncontemplated, now existing or hereafter arising (collectively, the "Liabilities"), whether accruing before or after any bankruptcy or insolvency case or proceeding involving the Borrower, any other guarantor, or any other Person, and, if interest on any portion of such obligations ceases to accrue by operation of law by reason of the commencement of such case or proceeding, including such interest as would have accrued on any such portion of such obligations if such case or proceeding had not commenced, and further agree to pay all expenses (including reasonable attorneys' fees and legal expenses) paid or incurred by the Lender in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Agreement. In any action or proceeding involving any state corporate law, or any state or Federal bankruptcy, insolvency, reorganization or any other law affecting the rights of creditors generally, if the obligations of the Guarantor under this Agreement would otherwise be held or Initials AnO GUARANTY AND SURETYSHIP AGREEMENT Page 1 of 12 February, 2012 determined by a final and non -appealable order of a court of competent jurisdiction to be void, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this Agreement, then, notwithstanding any other provision hereof to the contrary, the amount of the Guarantor's liability only, without any further action by such Guarantor or any other Person, shall be automatically limited and reduced to the highest amount which is valid and enforceable as determined in such action or proceeding pursuant to such final and non -appealable order. Guarantor agrees that, in the event of the dissolution, bankruptcy or insolvency of Borrower or any other guarantor or the inability or failure of Borrower or any other guarantor to pay its debts as they become due, or an assignment by Borrower or any other guarantor under any bankruptcy, insolvency or similar laws, and if such event shall occur at a time when any of the Liabilities may not then be due and payable, the Guarantor will pay to the Lender forthwith the full amount which would be payable hereunder by the Guarantor as if all liabilities were then due and payable. This Agreement shall constitute an absolute and unconditional guaranty of payment and performance (and not of collection) and the absolute and unconditional undertaking by the Guarantor with respect to the payment and performance of the Liabilities. This Agreement shall remain in full force and effect (notwithstanding, without limitation, the dissolution of the Guarantor). The liability of the Guarantor hereunder shall be direct and may be enforced without the Lender being required to resort to any other right, remedy or security. The Lender may, from time to time at its discretion and without notice to the Guarantor, take any or all of the following actions (a) retain or obtain a lien upon or a security interest in any property to secure any of the Liabilities or any obligation hereunder, by the grant thereof from the Borrower or any guarantor, or other owner thereof; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor with respect to any of the Liabilities; (d) release or fail to perfect or maintain perfection of its lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release, compromise, alter or exchange any obligations of any nature of any obligor with respect to any such property; and (e) upon an Event of Default (hereinafter defined) resort to Guarantor for payment of any of the Liabilities, regardless of whether the Lender shall have resorted to any other Person or any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated GUARANTY AND SURETYSHIP AGREEMENT Initials ,4j Page 2 of 12 February, 2013 with respect to any of the Liabilities (all of the actions referred to in this paragraph being hereby expressly waived by Guarantor). SECTION II. Guarantor's Obligation Unconditional. Guarantor's obligations hereunder are independent in respect of any other Person, and the Lender may enforce any of its rights hereunder independently of any other right or remedy that it may at any time hold with respect to the Liabilities or any security or other guaranty therefor; provided that no double recovery of the same amount shall be permitted. Such obligations shall be absolute and unconditional, shall not be subject to any counterclaim, set off, deduction, diminution, abatement, recoupment, suspension, deferment, reduction or defense (other than full and strict compliance by the Guarantor with its obligations hereunder), whether based upon any claim that the Borrower or any guarantor, or any other Person may have against the Lender or any other Person or otherwise, and shall remain in full force and effect without regard to, and shall not be released, discharged or in any way affected by, any circumstance or condition whatsoever (whether or not the Guarantor or any other Person shall have any knowledge or notice thereof) including, without limitation: A. any amendment, modification, addition, deletion, supplement or renewal to or of or other change in the Liabilities or any Agreements or any of the agreements referred to in any thereof, or any other instrument or agreement applicable to any Agreements or any of the parties to such agreements, or to the Collateral, or any assignment, mortgage or transfer thereof or of any interest therein, or any furnishing or acceptance of additional security for, guaranty of or right of offset with respect to, any of the Liabilities; or the failure of any security or the failure of the Lender to perfect or insure any interest in any collateral; B. any failure, omission or delay on the part of the Borrower or any guarantor to conform or comply with any term of any instrument or agreement referred to in clause (A) above; C. any waiver, consent, extension, indulgence, compromise, release or other action. or inaction under or in respect, of any instrument, agreement, guaranty, right of offset or security referred to in clause (A) above or any obligation or liability of the Borrower or any guarantor, or the Lender, or any exercise or non -exercise by the Lender of any right, remedy, power or privilege under or in respect of any such instrument, agreement, guaranty, right of offset or security or any such obligation or liability; D. any bankruptcy, insolvency, reorganization, arrangement, readjustment, composition, liquidation or similar proceeding with respect to the Borrower or Initials / GUARANTY AND SURETYSHIP AGREEMENT Page 3 of 12 February, 2013 any guarantor, the Lender or any other Person or any of their respective properties or creditors, or any action taken by any trustee, receiver or court in any such proceeding; E. any limitation on the liability or obligations of any Person under any Agreements, the Liabilities, any collateral security for the Liabilities, any other guaranty of the Liabilities or any discharge, termination, cancellation, frustration, irregularity, invalidity or unenforceability, in whole or in part, of any of the foregoing or any other agreement, instrument, guaranty or security referred to in clause (A) above or any term of any thereof; F. any defect in the title, compliance with specifications, conditions, design, operation or fitness for use of, or any damage to or loss or destruction of, or any interruption or cessation in the use of any Collateral by the Borrower, Guarantor or any other Person for any reason whatsoever (including, without limitation, any governmental prohibition or restriction, condemnation, requisition, seizure or any other act on the part of any governmental or military authority, or any act of God or of the public enemy) regardless of the duration thereof (even though such duration would otherwise constitute a frustration of a lease), whether or not resulting from accident and whether or not without fault on the part of Guarantor or any other Person; G. any merger or consolidation of Borrower into or with any other Person or any sale, lease or transfer of any of the assets of Borrower to any other Person; H. any change in the ownership of any partnership interests in the Borrower or any structural change in the Borrower; any other occurrence or circumstance whatsoever, whether similar or dissimilar to the foregoing, and any other circumstance that might otherwise constitute a legal or equitable defense or discharge of the liabilities of a guarantor or surety or that might otherwise limit recourse against the Guarantor. The obligations of the Guarantor set forth herein constitute the full recourse obligations of the Guarantor enforceable against it to the full extent of all of its assets and properties, notwithstanding any provision of the Agreements or any other document or agreement to the contrary. Guarantor waives any and all notice of the creation, renewal, extension or accrual of any of the Liabilities and notice of or proof of reliance by the Lender upon this Agreement or Initials M'h'o GUARANTY AND SURETYSHIP AGREEMENT Page 4 of 12 February, 2013 acceptance of this Agreement, and the Liabilities shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement. Guarantor unconditionally waives, to the extent permitted by law: (a) acceptance of this Agreement and proof of reliance by the Lender hereon; (b) notice of any of the matters referred to in clauses A through I above, or any right to consent or assent to any thereof; (c) all notices that may be required by statute, rule of law or otherwise, now or hereafter in effect, to preserve intact any rights against Guarantor, including, without limitation, any demand, presentment, protest, proof or notice of nonpayment under any Agreements and notice of default or any failure on the part of the Borrower or any guarantor to perform and comply with any covenant, agreement, term or condition of any Agreements; (d) any right to enforcement, assertion or exercise against the Borrower of any right, power, privilege or remedy conferred in any Agreements or otherwise; (e) any requirement of diligence on the part of any Person; (f) any requirement of the Lender to take any action whatsoever, to exhaust any remedies or to mitigate the damages resulting from a default by any Person under any Agreements; (g) any notice of any sale, transfer or other disposition by any Person of any right under, title to or interest in any Agreements, or any Collateral; and (h) any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge, release or defense of a guarantor or surety, or that might otherwise limit recourse against such Guarantor. Guarantor agrees that this Agreement shall be automatically reinstated if and to the extent that for any reason any payment by or on behalf of itself or the Borrower or any guarantor, is rescinded or must be otherwise restored by the Lender whether as a result of any proceedings in bankruptcy or reorganization. Guarantor further agrees that, without limiting the generality of this Agreement, if an Event of Default shall have occurred and be continuing and the Lender is prevented by applicable law from exercising its remedies under the Agreements, the Lender shall be entitled to receive hereunder from Guarantor, upon demand therefor, the sums which would have otherwise been due from the Borrower had such remedies been exercised. SECTION III. Waiver of Subrogation. Guarantor hereby irrevocably waives any claim or other rights, which it may now or hereafter acquire against the Borrower or any guarantor by virtue of any payments made by Guarantor hereunder. SECTION IV. Reasonableness and Effect of Waivers. Guarantor warrants and agrees that each of the waivers set forth in the Agreement is made with 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 of such waivers are determined to be contrary to any applicable law or public policy, such waivers shall be effective only to the maximum extent permitted by law. GUARANTY AND SURETYSHIP AGREEMENT Initials Are, Page 5 of 12 February, 2013 SECTION V. Representations and Warranties of Guarantor. As of the date hereof, Guarantor makes the representations and warranties set forth in this Section V to the Lender. A. Sui Juris. Michael DiSante is sui juris. B. Authorization: No Conflict. The execution, delivery and performance by Guarantor of the Agreements to which any of them is or is to be a party, and the consummation of the transactions contemplated thereby, do not and will not cause or constitute a violation of any provision of law or regulation or result in the creation of any lien, charge or encumbrance upon any of the properties, revenues, or assets of the Guarantor pursuant to, any indenture or other agreement or instrument to which the Guarantor is a party or by which the Guarantor or Guarantor's property may be bound or affected; no authorization, consent, approval (including any exchange control approval), license or other action by, and no notice to or filing or registration with, any governmental authority, agency or regulatory body or any other third party is required for the due execution, delivery and performance by Guarantor of the Agreements. C. Enforceability, etc. Each Agreement to which a Guarantor is or is to be a party constitutes its legal, valid and binding obligation, enforceable against Guarantor in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency and similar laws affecting creditors' rights generally and by general equitable principles. D. Litigation. There is no action, proceeding or investigation pending or threatened to which Guarantor is or is to be a party in which Guarantor is challenging or intends to challenge the validity of the Agreements or any action taken or to be taken pursuant to the Agreements, and there is no action, proceeding or investigation pending or threatened to which Guarantor is or is to be a party which, if adversely determined, would have a material adverse effect on (i) the financial condition, operations or business, prospects or property of Guarantor taken as a whole, (ii) the ability of Guarantor to perform Guarantor's obligations hereunder or under any other Agreements to which Guarantor is a party or (iii) the ability of the Lender to enforce this Agreement or any Agreement. E. Taxes. Guarantor has filed or caused to be filed all United States Federal and all • other material tax returns that are required to be filed by Guarantor, and has paid or caused to be paid all taxes shown to be due and payable on such returns or on any assessment received by Guarantor to the extent that such taxes have become due and payable except to the extent that taxes due, but unpaid, are being contested in good faith by Guarantor by appropriate action or proceeding and, to the extent (if any) that such taxes are not due and payable, Guarantor has established or caused to be established reserves that are adequate for the payment thereof in accordance with generally accepted accounting principles. GUARANTY AND SURETYSHIP AGREEMENT Initials /fl) Page 6 of 12 February, 2013 F. Investment Company Act. Guarantor is not an "investment company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended. G. Public Utility Holding Company. Guarantor is not subject to regulation as a "holding company," an "affiliate" of a "holding company," or a "subsidiary company" or a "holding company", within the meaning of the Public Utility Holding Company Act of 1935, as amended. H. Solvency. The consummation by Guarantor of the transactions contemplated by the Agreements to which Guarantor is, or is to be, a party does not and will not render Guarantor insolvent, nor have the transactions contemplated by the Agreements to which Guarantor is, or is to be, a party been entered into by the Guarantor in contemplation of Guarantor's insolvency; the value of Guarantor's assets and properties at fair valuation and at their then present fair salable value is and, after such transactions, will be greater than Guarantor's total liabilities, including contingent liabilities, as they become due; the property remaining in Guarantor's hands was not and will not be an unreasonably small amount of capital. SECTION VI. Event of Default. The occurrence of any of the following events shall constitute events of default ("Events of Default") under this Agreement and shall entitle the Lender to exercise all rights and remedies provided by applicable laws or otherwise set forth in this Agreement: A. The occurrence of an Event of Default as defined in any other Agreement, subject to the giving of such notice and the expiration of such cure period, if any, as may be required therein. B. An Act of Bankruptcy (hereinafter defined) shall occur with respect to Guarantor; provided, however, if a proceeding with respect to an Act of Bankruptcy is filed or commenced against Guarantor, the same shall not constitute an Event of Default if such proceeding is dismissed within ninety (90) days from the date of such Act of Bankruptcy. The term "Act of Bankruptcy," as used herein, shall mean the filing of a petition in bankruptcy under the United States Bankruptcy Code, 11 U.S.C. §101 et. seg., and all future acts supplemental thereto or amendatory thereof, or the commencement of a proceeding under any other applicable law concerning insolvency, reorganization or bankruptcy, by or against the Guarantor. C. A representation or warranty made by Guarantor herein, in any of the other Agreements to which Guarantor is a party, if any, or in any certificate, report or opinion (including legal opinions), financial statements or other instrument furnished by or on behalf of Initials ,41r0 GUARANTY AND SURETYSHIP AGREEMENT Page 7 of 12 February, 2013 Guarantor in connection with this Agreement or the other Agreements, is proven to have been incorrect, false or misleading in any material respect. D. Any obligation of Guarantor, whether as principal, Guarantor, surety or other obligor, for the payment of any indebtedness or operating leases, (i) shall become or shall be declared due and payable prior to the expressed maturity thereof, or (ii) shall not be paid when due or within any grace period for the payment thereof, or (iii) any holder of any such obligation shall have the right to declare such obligation due and payable prior to the expressed maturity thereof. E. The occurrence of a default under any other indebtedness owed by Guarantor or any affiliate of Guarantor to the Lender, whether now existing or hereafter created, whether secured or unsecured, subject to the giving of such notice and the expiration of such cure period, if any, as may be required thereunder. SECTION VII. Confession of Judgment. GUARANTOR DOES HEREBY EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES UPON THE OCCURRENCE OF AN EVENT OF DEFAULT TO APPEAR FOR THE GUARANTOR AND, WITH OR WITHOUT DECLARATION FILED, CONFESS JUDGMENT AGAINST THE GUARANTOR AND IN FAVOR OF THE LENDER, ITS SUCCESSORS AND ASSIGNS, FOR SUCH SUMS AS SHALL HAVE BECOME DUE UNDER THIS AGREEMENT, BY ACCELERATION OR OTHERWISE, WITH COSTS OF SUIT AND AN ATTORNEYS' COMMISSION FOR COLLECTION, AND FORTHWITH ISSUE A WRIT OR WRITS OF EXECUTION THEREON, WITH RELEASE OF ALL ERRORS, AND WITHOUT STAY OF EXECUTION, AND INQUISITION AND EXTENSION UPON AND LEVY ON REAL ESTATE ARE HEREBY EXPRESSLY WAIVED, AND CONDEMNATION AGREED TO, AND EXEMPTION OF ANY AND ALL LAND FROM LEVY OR SALE BY VIRTUE OF ANY EXEMPTION NOW IN FORCE OR WHICH MAY HEREAFTER BE ENACTED IS ALSO EXPRESSLY WAIVED BY THE GUARANTOR. IF A COPY OF THIS AGREEMENT, VERIFIED BY AFFIDAVIT OF THE LENDER, OR SOMEONE ON THE LENDER'S BEHALF, SHALL HAVE BEEN FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL OF THIS AGREEMENT AS A WARRANT OF ATTORNEY. THE ENTRY OF JUDGMENT UNDER THE FOREGOING WARRANT SHALL NOT EXHAUST THE WARRANT, BUT SUCCESSIVE JUDGMENTS MAY BE ENTERED THEREUNDER FROM TIME TO TIME AS OFTEN AS AN EVENT OF DEFAULT OCCURS. THE LENDER MAY FORTHWITH ISSUE A WRIT OR WRITS OF EXECUTION FOR THE AMOUNT OF ANY JUDGMENT AND COSTS WITHOUT LEAVE OF COURT. GUARANTOR ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE EXECUTI,ON AND DELIVERY OF THIS AGREEMENT. GUARANTOR HEREBY Initials Mr) GUARANTY AND SURETYSHIP AGREEMENT Page 8 of 12 February, 2013 FREELY, KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO NOTICE AND HEARING WITH RESPECT TO THIS CONFESSION OF JUDGMENT PROVISION. Guarantor's Initials SECTION VIII. Transfer by the Lender. The Lender may, from time to time, whether before or after any discontinuance of this Agreement, at its sole discretion and without notice to or consent of the Guarantor, assign or transfer any or all of the Liabilities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer thereof, such Liabilities shall be and remain Liabilities for the purposes of this Agreement, and each and every immediate and successive assignee or transferee of any of the Liabilities or of any interest therein shall, to the extent of such assignee's or transferee's interest in the Liabilities, be entitled to the benefits of this Agreement to the same extent as if such assignee or transferee were the Lender. SECTION IX. No Waiver by the Lender. No delay in the exercise of any right or remedy shall operate as a waiver thereof, and no single or partial exercise of any other right or remedy shall preclude other or further exercise thereof or the exercise of any other right or remedy; nor shall any modification or waiver of any of the provisions of this Agreement be binding upon the Lender except as expressly set forth in a writing duly signed and delivered on its behalf. No action permitted hereunder shall in any way affect or impair the Lender's rights or Guarantor's obligations under this Agreement. For the purposes of the Agreement, Liabilities shall include all of the obligations described in the definition thereof, notwithstanding any right or power of Guarantor or anyone else to assert any claim or defense as to the invalidity or enforceability of any such obligation, and no such claim or defense shall affect or impair the obligations of Guarantor hereunder. Guarantor's obligations under this Agreement shall be absolute and unconditional irrespective of any circumstance, whatsoever which might constitute a legal or equitable discharge or defense of such Guarantor. Guarantor hereby acknowledges that there are no conditions to the effectiveness of this Agreement. SECTION X. Binding on Assigns. All obligations under this Agreement shall be binding upon Guarantor and upon Guarantor's assigns; provided, however, that this provision should not constitute any right of Guarantor to assign Guarantor's rights or obligations under this Agreement or the other Agreements. All references herein to Guarantor shall be deemed to include any successor or successors, whether immediate or remote, to such Person but shall not include the heirs of Guarantor. SECTION XI. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of the Agreement shall be prohibited by or invalid thereunder, such provision shall be GUARANTY AND SURETYSHIP AGREEMENT Initials 14 O Page 9 of 12 February, 2013 ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. • SECTION XII. Submission to Jurisdiction. Each party hereto may bring suit to enforce any claim arising from or relating to this Agreement or any other Agreement in any appropriate court in Dauphin or Cumberland Counties, Pennsylvania at the discretion of the Lender and with respect to any such claim, Guarantor hereby irrevocably: (a) submits to the jurisdiction of such courts; and (b) consents to the service of process out of said courts by mailing a copy thereof, by registered mail, postage prepaid, to the Guarantor at its address specified in Schedule I attached hereto and incorporated herein by reference, and agrees that such service, to the fullest extent permitted by law: (i) shall be deemed in every respect effective service of process upon it in any such suit, action or proceeding; and (ii) shall be taken and held to be valid personal service upon and personal delivery to it. Guarantor irrevocably waives, to the fullest extent permitted by law: (A) any claim, or any objection, that it now or hereafter may have, that venue is not proper with respect to any such suit, action or proceeding brought in such a court including, without limitation, any claim that any such suit, action or proceeding brought in such court has been brought in an inconvenient forum; and (B) any claim that Guarantor is not subject to personal jurisdiction or service of process in such forum. Nothing herein contained shall preclude the Lender from bringing an action or proceeding in respect hereof in any other state or Federal court within the United States having subject matter jurisdiction with respect to such action and personal jurisdiction over the parties to such action. Guarantor agrees that a final judgment in any action or proceeding in a state or Federal court within the United States may be enforced in any other jurisdiction by suit on the judgment or in any manner provided by law. SECTION XIII. Jury Trial. GUARANTOR WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS AGREEMENT OR ANY RELATED DOCUMENT OR UNDER ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION HEREWITH OR THEREWITH OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT OR ANY RELATED DOCUMENT AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. SECTION XIV. Notices. All notices, demands, requests, consents, approvals, and other instruments hereunder shall be in writing and shall be deemed to have been properly given if given in the manner provided in Agreements to the address specified in Schedule I hereto. SECTION XV. GOVERNING LAW. THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE Initials 7113-0 GUARANTY AND SURETYSHIP AGREEMENT Page 10 of 12 February, 2013 GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. SECTION XVI. JOINT AND SEVERAL. If the Guarantor is more than one Person, the Liabilities are the joint and several obligations of each Guarantor, and each reference to the Guarantor in this Agreement means each Guarantor severally and both Guarantors together, unless the context clearly refers to one or the other Guarantor, but no such reference shall limit or release any Guarantor from its joint and several liability hereunder. IN WITNESS WHEREOF, the Guarantor has caused this Agreement to be executed and delivered as of the date first above written. r/a.[Alr—)6 Guarantor COMMONWEALTH/��OF PENNSYLVANIA COUNTY OF CLtY t 60/2(.%�}'l P On this ,A! Srday of February, 2013 before me a Notary Public, in and for said county and state, personally appeared Michael DiSante, known or satisfactorily proven to be the person whose name is ascribed to the foregoing document and signed it willingly, and as his free and voluntary act for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunder set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Gail J. Mahoney, Notary Public Lemoyne Borough, Cumberland County M commission expires Februa 19, 2014 Par Public 04.1. Initials /l2$•-0 GUARANTY AND SURETYSHIP AGREEMENT Page 11 of 12 February, 2013 SCHEDULE I ADDRESSES Guarantor Initials A GUARANTY AND SURETYSHIP AGREEMENT Page 12 of 12 December, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Confessed Judgment Plaintiff Other VS. File No. 2014-3929 Amount Due $157,238.40 MODOUGH ENT., LLC PSPF Harrisburg, Inc. and Michael J. DiSante Address: 4085 Caissons Ct Enola, PA 17025 Defendant cl ..,p. ..c - r -i---: rn r- 7, -41c3 =t— o) cD. c::.c. Interest --, Atty's Comm —‹. Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Any and all real or personal property including but not limited to cash, appliances, printers, computers, furniture, jewelry, vehicles, etc. of Michael J. DiSante located at 4085 Caissons Ct, Enola, PA 17025. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Ej (Indicate) Index this writ against the garnishee (s) as a lis estate o defFndant(s) described in the attached exhibit. Date ttlialiM Signature: rtIL- 3/Aa-c-/ ir e,*5 8 5 16,06 41 Print Name: Address: Peter J. Russo 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 c. Attomey for: Plaintiff 717-591-1755 s_o taa_ L.( - Telephone: p Supreme Court ID No: 72897 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net MONDOUGH ENT., LLC Vs. NO 14-3929 Civil Term CIVIL ACTION — LAW PSPF HARRISBURG, INC. AND MICHAEL J. DISANTE WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against MICHAEL J. DISANTE, 4085 CAISSONS CT, ENOLA PA 17025 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ANY AND ALL REAL OR PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO CASH, APPLIANCES, PRINTERS, COMPUTERS, FURNITURE, JEWELRY, VEHICLES, ETC. OF MICHAEL J. DISANTE LOCATED AT 4085 CAISSONS CT, ENOLA, PA 17025. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as 1 determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $157,238.40 Interest Attorney's Comm. % Attorney Paid $152.89 Date: 10/15/14 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David 1. Bue , Protho otary By: Deputy REQUESTING PARTY: Name : PETER J. RUSSO, ESQ. Address: 5006 E. TRINDLE ROAD, SUITE 203, MECHANICSBURG , PA 17050 Attorney for: PLAINTFF Telephone: 717-591-1755 Supreme Court ID No. 72897 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MONDOUGH ENT., LLC Vs. NO 14-3929 Civil Term CIVIL ACTION — LAW PSPF HARRISBURG, INC. AND MICHAEL J. DISANTE WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against MICHAEL J. DISANTE, 4085 CAISSONS CT, ENOLA PA 17025 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ANY AND ALL REAL OR PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO CASH, APPLIANCES, PRINTERS, COMPUTERS, FURNITURE, JEWELRY, VEHICLES, ETC. OF MICHAEL J. DISANTE LOCATED AT 4085 CAISSONS CT, ENOLA, PA 17025. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other fmancial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as 1 a determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $157,238.40 Interest Attorney's Comm. % Attorney Paid $152.89 Date: 10/15/14 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothotary By: Deputy REQUESTING PARTY: Name : PETER J. RUSSO, ESQ. Address: 5006 E. TRINDLE ROAD, SUITE 203, MECHANICSBURG , PA 17050 Attorney for: PLAINTFF Telephone: 717-591-1755 Supreme Court ID No. 72897 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law TRUE COPY FROM RECORD n Testimony whereof, l here unto set my hand and the at f said Cpufte7118440,.187.�Th1s���f,A,�,/"Ir 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PROTHONO.: Oi DEC 15 P1°1 l ; CUMBERLAND COUNTY PENNSYLVANIA Modough Ent., LLC vs. PSPF Harrisburg, Inc. (et al.) Case Number 2014-3929 SHERIFF'S RETURN OF SERVICE 12/10/2014 04:00 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michael J Disante, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Levy as "Not Served" at 4085 Caissons Court, Hampden Township, Enola, PA 17025. Defendant filed for Chapter 7 bankruptcy October 24, 2014; case number 1:14-bk-04925-MDF. SHERIFF COST: $70.05 SO ANSWERS, December 15, 2014 RONNRANDERSON, SHERIFF (c} CountySuile Sheriff, Toleosoft, inc. 041496 9 (Official Form 9A) (Chanter 7 Individual or Joint Debtor No Asset Case) (12/12) •L 8—LLL[—LLQY I_\— UNITED STATES BANKRUPTCY COURT Middle District of Pennsylvania Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines A chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on 10/24/14. You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the bankruptcy clerk's office cannot give legal advice. Creditors -- Do not file this notice in connection with any proof of claim you submit to the court. See Reverse Side For Important Explanations Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): Michael J. Disante fdba PSPF Harrisburg, Inc. 4085 Caissons Court Enola, PA 17025 Case Number: 1:14-bk-04925-MDF Social Security / Individual Taxpayer ID / Employer Tax ID / Other nos: 201-62-0121 46-1954298 Attorney for Debtor(s) (name and address): Deborah A. Hughes 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Telephone number: 717 651-1772 Bankruptcy Trustee (name and address): Lawrence G. Frank (Trustee) 100 Aspen Drive Dillsburg, PA 17019 Telephone number: 717 234-7455 Meeting of Creditors Date: December 5, 2014 Time: 08:30 AM Location: Ronald Reagan Federal Building, Trustee Hearing Rm, Rm. 1160,11th Floor, 228 Walnut Street, Harrisburg, PA 17101 Presumption of Abuse under 11 U.S.C. § 707(b) See 'Presumption of Abuse" on reverse side. The presumption of abuse does not arise. Deadlines: Papers must be received by the bankruptcy clerk's office by the following deadlines: Deadline to Object to Debtor's Discharge or to Challenge Dischargeability of Certain Debts: 2/3/15 Deadline to Object to Exemptions: Thirty (30) days after the conclusion of the meeting of creditors. Creditors May Not Take Cerin Actions: In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. Please Do Not File a Proof of Claim Unless You Receive a Notice To Do So. Creditor with a Foreign Address: A creditor to whom this notice is sent at a foreign address should read the information under "Do Not File a Proof of Claim at This Time" on the reverse side. Address of the Bankruptcy Clerk's Office: U.S. Bankruptcy Court Ronald Reagan Federal Building PO Box 908 Harrisburg, PA 17108 Telephone number: (717) 901-2800 For the Court: Clerk of the Bankruptcy Court: Terrence S. Miller Hours Open: Monday - Friday 9:00 AM - 5:00 PM Date: 10/27/14 40109041537015 INRE: MICHAEL J. MICHAEL J. v. UNITED STATES BANKRUPTCY COURT f FOR THE MIDDLE DISTRICT OF PENNSYLVANIA' DISANTE Debtor/Movant DISANTE Movant MODOUGH ENT., LLC Respondent : IN BANKRUPTCY : BK. NO. 1-14-04925 : CHAPTER 7 PROCEEDING : LIEN AVOIDANCE : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-3929C ERTIFIED jOM THE RECORD this - 44/ day of Clerk, U.S. Bankru Per st�c ? C ORDER OF COURT VOIDING JUDICIAL LIEN urt Deputy Clerk In consideration of the within Motion for Order Voiding Judicial Lien filed by counsel for Debtor/Movant, the Court finds that the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on November 7, 2014 and duly served upon the Respondent; therefore, the Court orders judgment by default in favor of the Movant, Michael J. Disante, and against the Respondent, MoDough Ent., LLC to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent is hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Section 5220)(1) and interferes with 11 U.S.C. Section 522(d), only as to defendant, Michael J. Disante. By the Court, IllaAk___cil________ d oufra-t. Chief Bankruptcy Judge (JK) Dated: December 2, 2014 Case 1:14-bk-04925-MDF Doc 12 Filed 12/02/14 Entered 12/02/14 13:21:443Des�lmuka ` Main Document Page 1 of 1