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HomeMy WebLinkAbout05-3127Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff V9. KENNETH W. HEISER, doing business as Yellow Breeches Box Company, and M. LUCINDA HEISER, Defendants Attorneys For: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OS -.3a7 : ASSIGNED TO: PRAECIPE TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., and against the Defendants KENNETH W. HEISER and M. LUCINDA HEISER in the sum of $17,493.45, plus the following amounts accruing after 5/20/2005: Interest at the rate of 7.00% per annum ($3.077 per day) upon the Complaint in Confession of Judgment and Confession of judgment filed herewith. KOZLOFFSTOUDT Professional Corporation B y W w eIle, Esquire Att eys for Plaintiff Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Attorneys For: Plaintiff Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff V3. KENNETH W. HEISER, doing business as Yellow Breeches Box Company, and M. LUCINDA HEISER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. os - 31a7 ASSIGNED TO: CONFESSION OF JUDGMENT 0, i 0t)?Tia-w-t Pursuant to the authority contained in the warrants of attorney in the Note and Guaranty, true and correct photostatic copies of which is attached to the Complaint filed in this action and which appear therein as Exhibits "A" and "B", I appear for Defendants KENNETH W. HEISER and M. LUCINDA HEISER and confess judgment in favor of the Plaintiff and against the Defendants in the sum of $17,493.45, plus the following amounts accruing after 5/20/2005: Interest at the rate of 7.00%per annum ($3.077 per day). KOZLOFF STOUDT Professional Corporation lawtelle, Esquire for Defendant Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Attorneys For: Plaintiff Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff VS. KENNETH W. HEISER, doing business as Yellow Breeches Box Company, and M. LUCINDA HEISER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09 ASSIGNED TO: CERTIFICATION OF ADDRESSES I, Barry W. Sawtelle, Esquire, do hereby certify that the addresses of the following parties are as set forth below: Plaintiff: Manufacturers and Traders Trust Company cl o Barry W. Sawtelle, Esquire 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 Defendants: Kenneth W. Heiser M. Lucinda Heiser 100 Sandbank Road Mt. Holly Springs, PA 17065 KOZLOFF STOUDT rgwtelle, Esquire for Plaintiff Dated: June 15 2005 Professional Corporation Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Attorneys For: Plaintiff Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. cOS -J/a7 KENNETH W. HEISER, doing business as Yellow Breeches Box Company, and ASSIGNED TO: M. LUCINDA HEISER, Defendants AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS ss. Before me, the undersigned authority, personally appeared Barry W. Sawtelle, Esquire, who being duly sworn according to law, doth depose and say, pursuant to Rule 2951, Pa. R.C.P., that the judgment entered by confession in the above-captioned matter is not entered against a natural person in connection with a consumer credit transaction. KOZLOFF STOUDT Professional Corporation kt'cvtelle, Esquire for Plaintiff Sworn to and subscribed before me this/6*Uay ofQg r ?, 2005. NOTARIAL SEAL JOLENE F. MOSER, Notary PubNc Wyomissing, Beft County My Commission Expires 12-2.2008 OFFICE OF PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE , PENNSYLVANIA TO: KENNETH W. HEISER DATE: June 15, 2005 M. LUCINDA HEISER 100 Sandbank Road RE: Manufacturers and Traders Trust Mt. Holly Springs, PA 17065 Company, et al. Plaintiff(s) VS. Kenneth W. Heiser, et al. Defendant(s) No. No. oS - 31Z7 C(U?? You are hereby notified in accordance with Pennsylvania Supreme Court Rule #236 and that judgment has been entered on a: ( ) Final Order* ( ) Decree Nisi* ( ) Verdict* ( ) Viewers Report Default ( ) Assessment of Damages ( ) Arbitration Award (y,XX) Confession of Judgment and entered to No. QE - l /vtlJ.D. against Kenneth W. Heiser and M. Lucinda X303030CZXX(];/Defendant(s), concerning Civil Suit No. A.D. on 110 , in the sum of $ 17,493.45* , plus costs. *plus the following amounts accruing after 5/20/2005: Interest at the rate of 7.00% per annum ($3.077 per day). **And that a Certificate has been filed indicating that each of the parties have been notified of the intention to file said judgment by the Attorney for the Plaintiff(s) Defendant(s). PROTHONOTARY By: -9egcrtp Prothonotary File 61 Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Attorneys For: Plaintiff Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff VS. KENNETH W. HEISER, doing business as Yellow Breeches Box Company, and M. LUCINDA HEISER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-.312.7 ASSIGNED TO: COMPLAINT IN CONFESSION OF JUDGMENT 0t u ? ?-? The Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., files this Complaint pursuant to Pennsylvania Rule of Civil Procedure 2951(b) for judgment by confession and avers the following in support thereof: The Plaintiff, MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A. ("M & T"), is a New York banking corporation organized and existing under the laws of the State of New York and maintaining a place of business at 50 North 51h Street, Reading, Berks County, Pennsylvania. 2. The Defendants are: a. KENNETH W. HEISER, an adult individual doing business as Yellow Breeches Box Company and residing at 1000 Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania; and b. M. LUCINDA HEISER, an adult individual residing at 1000 Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. On February 23,1999, Defendant KENNETH W. HEISER made, executed and delivered to Keystone Financial Bank, N.A., predecessor in interest to M & T, a promissory note (the "Note"), a true and correct copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference, to evidence a loan (the "Loan") made by Keystone Financial Bank, N.A. to Defendant KENNETH W. HEISER. 4. As security for the Loan, Defendants KENNETH W. HEISER and M. LUCINDA HEISER, on or about February 23,1999, executed and delivered to Keystone Financial Bank, N.A. their personal guaranty of the Loan (the "Guaranty"), a true and correct copy of which is attached hereto, marked Exhibit "B" and incorporated herein by reference. 5. In connection with the Loan, Defendants KENNETH W. HEISER and M. LUCINDA HEISER received, reviewed and executed Disclosures for Confession of Judgment, true and correct copies of which is attached hereto, marked Exhibit "C" and incorporated herein by reference. In connection with the Loan, Defendant KENNETH W. HEISER executed a Business Enterprise Affidavit (the "Affidavit") evidencing that the Loan was to be utilized in the conduct of a business enterprise over which the said Defendant had control of managerial decisions, a true and correct copy of which is attached hereto, marked Exhibit "D" and incorporated herein by reference. The Loan was in the principal amount of $20,000.00, payable on demand, with interest thereon pursuant to the terms of the Note payable in monthly installments, commencing on March 23,1999 and continuing on the same day of each month thereafter. 8. On or about May 20, 2005, demand was made upon the Defendants for payment in full of all sums due under the Loan. A true and correct copy of the said demand is attached hereto, marked Exhibit "E" and incorporated herein by reference. 9. Despite the demand for payment, Defendants have failed and refused to pay in full all sums due under the Loan. 10. Defendants are in default of their obligations under the Note and Guaranty because Defendants have failed to repay the principal and accrued interest due on the Note pursuant to the demand for payment, whereby the entire balance of principal and all interest due thereon have become due and payable forthwith, together with costs of collection and reasonable attorneys' fees. 11. Defendants are further in default of their obligations under the Loan and Guaranty because other obligations of the Defendants to M & T are in default. 12. The following amounts are due on the Note as of May 20, 2005: Balance of principal $15,828.51 Accrued but Unpaid Interest 82.09 Reasonable Attorneys Fees 1,582.85 TOTAL as of 5/20/2005 $17,493.45 Plus, the following amounts accruing after 5/20/2005: Interest at the Rate of 7.00% per annum ($3.077 per day) 13. On or about August 21, 2000, the Note and the Guaranty were assigned by Keystone Financial Bank, N.A. to M & T in connection with the acquisition of Keystone Financial Bank, N.A. by M & T. 14. judgment has not been entered on either the Note or the Guaranty in any jurisdiction. 15. Pursuant to the warrants contained in the Note and Guaranty, judgment may be entered in favor of M & T and against the Defendants in the sum of $17,493.45, as set forth above. WHEREFORE, pursuant to this Complaint, and in accordance with Pennsylvania Rule of Civil Procedure 2952(g), Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A. demands judgment against the Defendants in the sum of $17493.45, together with accrued interest, costs of suit and reasonable attorneys' fees and demand for such judgment is hereby made. KOZLOFF STOUDT Ville, Esquire for Plaintiff Professional Corporation Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (6101670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff Attorneys For: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. KENNETH W. HEISER, doing business as Yellow Breeches Box Company, and M. LUCINDA HEISER, Defendants NO. ASSIGNED TO: VERIFICATION The undersigned, being the authorized representative of the Plaintiff in this matter, verifies that (s)he is authorized to execute this Verification on behalf of the plaintiff and further, having read the attached Complaint, hereby verifies that the within Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Complaint is that of counsel and not of the signer. The signer verifies that (s)he has read the attached Complaint and that it is true and correct to the best of the signer's information and belief. To the extent that the contents of the Complaint are that of counsel, the signer has relied upon counsel in taking this Verification. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsifications to authorities. DATED: Jvti'L L,,200,5 JAMt? T. AA b N l/i?c QRe?i QQ??F w'-JI-ZU02 II:50AM FROV-UT COLT LOAN 600-Z60-2443 T-246 P.002/011 F-923 References in Me Viacom area are Mr Le Borrower: Kenneth W. Heiser dba: Yellow Breeches Box Co. P.O. Box 127 Mt. Haag Sprints, PA 17065 PROMISSORY {COTE Let 0000335191 0000000501 HEISER DBA KENN item. Principal Amount: $20,000.00 initial Rate: 8.750% pate of Note: February 23, 1999 PROMISE TO PAY. Kenneth W. Heiser ("Borrower") promises to pall to KEYSTONE FINANCIAL BANK, NA. ("Lender"), or order, in lawful money of the United States of America, on demand, the principal amount of Twenty Thousand & 00(100 Dollars ($20,000.001 or so mum as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shelf be calculated_from the date of each advance unlit repayment of each advance. PAYMENT. Borrower will pay this loan Immediately upon Lender's demand. In addlrion, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning March 23, ISM, with as subsequent interest payments to be due on the same day of each month after that. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rase over a year of 360 cays, multiplied by the outstanding principal balance, multiplied by the actual number of days via principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Umess otherwise agreed or required by applicable taw, payments will be applied first to accrued unpaid interest, then to principal, end any remaining amount to any unpaw collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index whicn is trio New York Prime as published in the Wall Street Journal (the "index"). The index is not necessarily tree lowest rate charged by Lander on its loans. I( the index becomes unavatladte curing the term of mis loan, Lender may designers a substitute index after natica to tiorrower. wander will tell Borrower me current index rate upon Borrowers request. Borrower understands trial Lender may make loans based on other rates as well. The interest rate change will not occur more often than each day. The Index currently Ia 7.750% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting in an Initial rate of 6.750% per annum. NOTICE: Under no circumstances wall the interest rate on this Note Do more man Ina maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or it portion of the amount owed earlier man a is due. Eany payments will nor, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest Rather, they will reduce trio principal balance due. LATE CHARGE. If a regularly scheduled interest payment is 15 days or more tale, Borrower will be charged 5.000% of the regularly scheduled payment. if Lender demands payment of this loan, and Borrower does not pay the loan within 15 days after Lender's demand, Borrower also will be merged szvo% of the sum of the unpaid principal plus accrued unpaid interest DEFAULT. Borrower will be in defauft d any of lire following happens: (a) Borrower fails to make any payment when due, (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligat on, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading In any material respect either now or at iris time made or furnished. (d) Borrower dies or becomes insolvent, a receiver is appointed for any pan of Borrower's property, Borrower makes an assignment for the benefit of crealtois, or any proceeding is commenced enter by Borrower or against Borrower under any bankruptcy or Insolvency lows, (e) Any creditor mes to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrowers accounts with Lender. (f) Any of the events described in this default section occurs with respect to any guarantor of this Note. (g) A material adverse. change occurs in Borrowers financial condition, or Lender believes the prospect of payment or performance of the indebtedness is impairso. (h) Lender in good fifth deems itself insecure. LENOER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid Interest immsdiawe due, and then Borrower will pay that amount Lender may Mire or pay someone also to help collect this Note if Borrower odes not pay Borrower also will pay Lender lost amount. This includes, subject to any limits under applicable law, Lender's ahomeys' fees and Landar's legal expenses whether or not there is a lawsuit, including attorneys' teas and legal expenses for bankruptcy proceedings (Including efforts to modify or vacare any automatic stay or injunction), appeals, and any antiuipamo post-judgment collection services. If not prohibited by applicable taw, Borrower also will pay any court costs, in addition to all other sums provided by law. it judgment -s entered in connection with this Note, interest will continue to accrue on this Note after judgment at me interest rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender In the Commomvealth of Pennsylvania. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, me Commonwealth of Pennsylvania. This Note snail be governed by and constn,ed in accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to tender alt Borrowers right, tile and interest in and to, Borrower's accounts with Lender (whemor checking, savings, or some other account), including without limitation all accounts nelo joindy with someone else and all accounts Borrower may open in fie future, excluding nowevef all IRA and Keogh accounts, and all trust accounts for which trio grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff Alf sums owing on this Note against any and all such accounts. LINE OF CREDIT. This Note evidences a revolving line of credtL Advances under this Note may be requestee orally by Borrower or by an authorized person. Alt oral requests shall be confirmed in writing on the day of the request. Au communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following party or parties are authorized to request aevances under the line of credit until Lender receives from Borrower at Lenders Address shown above written notice of revocation of their aurhonq. Kenneth W. Heiser and Lucinda Heiser. Borrower agrees to be liable for all sums either. (a) advanced in accordance with the instructions of an authorized person or to) Credited to any of Borrower's accounts with Lender. The unpaid principal balance owing an rats Note at any time may de evidenced my endorsements an this Note or by Lender's internal records, including laity computer print-outs. Lender wilt have no obligation to advance funds under this Note if: (a) Borrower or any guarantor is to default under the terms of this Note or any agreement that Borrower pearly guarantor has with Lender, including any agreement made in connection with me signing of ins Note; (b) Borrower or any guarantor ceases doing business or is insolvent; (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of mis Note or any other loan with Lender, (d) Borrower ties applied funds provided pursuant to this Note for purposes other man those authorzed by Lender; or (e) Lender in good faith seems itsall insecure Under this Note or any other agreement between Lender and Borrower. , .0 anal rxum-M&T COM LOAN 800-260-2443 T-246 P.003/011 F-823 02-23-1999 PROMISSORY NOTE Page 2 (Continued) GENERAL PROVISIONS. This Note is payable an demand. Tne inclusion of specific default provisions or tights of Lender shall not preclude Lender's right to declare payment of this Note on its demand, tender may Delay or forgo antdreing any of its rights or remedies unaer 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, protest and notice of drhonor. Upon any change In the farms of this Note, and unless otherwise expressly stated in writing, no parry who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released tram liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; cr impair, fail to realize upon or perfect Lender's security Interact In the coleleraC and take any other action dasmso necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without me eonsem of or notice to anyone other than trio party with whom the modification is made. If any portion of this Note is for any reason determined to be unenforceable, it wig not affect Ina enforceability of any Other provisions of mis Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLV'ANV{ OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED. AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL. BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WISH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE RXISCUTIONS 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, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWERS ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO ANY OF BORROWER'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, MCUTE4 LEVY OR OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE LIEN OF SUCH JUDGMENT SHALL EXTEND TO SUCH RESIDENTIAL REAL PROPERTY AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO EXECUTE, LEVY OR PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES, NO LIMITATION OF LIEN OR ANY EXECUTION, LEVY OR OTHER ENFORCEMENT CONTAINED IN TftE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT. 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 AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE, THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: X Kert"th W. Heuer Vsneale Rats uns or Orean. LASER PRO. R pg. u.S.Pat.&T.M.Off,,VW.o.2eotq r age CFIPreServ,ess, Ina 4716enlsroservaG.(PA. DZD RREFUMES.LN CZaodLJ COMMERCIAL GUARANTY i'Iilnclpai LaBn Date Nta#iarft?f Loan No . ; Calf ?isEtaier?t Account :Officer initials BB SEC .:. 335t9t KNt References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Borrower: Kenneth W. Heiser dba: Yellow Breeches BOX Co. P.O. Box 127 Mt. Holly Springs, PA 17065 Lender: KEYSTONE FINANCIAL BANK, N.A. Carlisle High Street Office One West High Street Carlisle, PA 17013 Guarantor: Kenneth W. Heiser and M. Lucinda Heiser P.O. Box 127 Mt. Holly Springs, PA 17065 AMOUNT OF GUARANTY. This is a guaranty of payment of the Note, including without limitation the principal Note amount of Twenty Thousand & 00/100 Dollars ($20,000,00). GUARANTY. For good and valuable consideration, Kenneth W. Heiser and M. Lucinda Heiser ("Guarantor") absolutely and unconditionally guarantee and promise to pay, jointly and severally, to KEYSTONE FINANCIAL BANK, N.A. ("Lender") or its order, on demand, in legal tender of the United States of America, the Indebtedness (as that term is defined below) of Kenneth W. Heiser ("Borrower") to Lender on the terms and conditions set forth In this Guaranty. DEFINITIONS. The following wards shall have the following meanings when used in this Guaranty: Borrower. The word "Borrower" means Kenneth W. Heiser. Guarantor. The word "Guarantor" means Kenneth W. Heiser and M. Lucinda Heiser, who are signing this Guaranty jointly and severally. Guaranty. The word "Guaranty' means this Guaranty made by Guarantor for the benefit of Lender dated February 23, 1999. Indebtedness. The word "Indebtedness" means the Note, including (a) all principal, (b) all interest, (c) all late charges, (d) all loan fees and loan charges, and (e) all collection costs and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses include without limitation all of Lender's attorneys' fees and Lender's legal expenses, whether or not suit is instituted, and alorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Lender. The word "Lender" means KEYSTONE FINANCIAL BANK, N.A., its successors and assigns. Note. The word "Note" means the promissory note or credit agreement dated February 23, 1999, in the original principal amount of $20,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Notice to Guarantor: The Note evidences a revolving line of credit from Lender to Borrower. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the indebtedness. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described above, plus all costs and expenses of (a) enforcement of this Guaranty and (b) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties. NATURE OF GUARANTY. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness within the limits set forth in the preceding section of this Guaranty. This Guaranty covers a revolving line of credit and guarantor understands and agrees that this guarantee shall be open and continuous until the line of credit is terminated and the Indebtedness is paid in full, as provided below. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors individually, against any group of Guarantors, or against all the Guarantors in one action, without affecting the night of Lender to proceed against other Guarantors for amounts that are covered by this Guaranty. Any inability of Lender to proceed against any Guarantor (whether caused by actions of a Guarantor or of Lender) will not affect Lender's right to proceed against any or all remaining Guarantors for all or part of the amounts covered by this Guaranty. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any other guaranty of the indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lender from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. This Guaranty covers a revolving fine of credit and it is specifically anticipated that fluctuations will occur in the aggregate amount of Indebtedness owing from Borrower to Lender, Guarantor specifically acknowledges and agrees that fluctuations in the amount of Indebtedness, even to zero dollars (S 0.00), shall not constitute a termination of this Guaranty. Guarantor's liability under this Guaranty shall terminate Only upon (a) termination in writing by Borrower and Lender of the line of credit, (b) payment of the indebtedness in full in legal tender, and (e) payment in full in legal tender of all other obligations of Guarantor under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (a) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional, credit to Borrower; (b) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (c) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (e) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (f) to apply such security and direct the order or manner of sale thereof, including without limitation, any non)udicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (g) to sell, transfer, assign, or grant '02-23=1999 COMMERCIAL GUARANTY Page 2 (Continued) participations in all or any part of the Indebtedness; and (h) to assign or transfer this Guaranty in whole or In part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (b) this Guaranty is executed at Borrower's request and not at the request of Lender; (c) Guarantor has full power, right and authority to enter into this Guaranty; (d) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (e) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (f) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present the financial condition of Guarantor as of the dates the financial information is provided; (g) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (i) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and Q) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any informaton or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) to continue lending money or to extend other credit to Borrower; (b) to make any presentment, protest, demand, or notice of any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (d) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (f) to pursue any other remedy within Lender's power; or (g) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses arising by reason of (a) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the indebtedness; (c) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (d) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (e) any statute of limitations, it at any time any action or suit brought by Lender against Guarantor is commenced there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a contractual security interest in and a right of setoff against, and Guarantor hereby assigns, conveys, delivers, pledges, and transfers to Lender all of Guarantors right, title and interest in and to, all deposits, moneys, securities and other property of Guarantor now or hereafter in the possession of or on deposit with Lender, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to Guarantor. No security interest or right of setoff shall be deemed to have been waived by any act or conduct on the part of Lender or by any neglect to exercise such right of setoff or to enforce such security interest or by any delay in so doing. Every right of setoff and security interest shall continue in full force and effect until such right of setoff or security interest is specifically, waived or released by an instrument in writing executed by Lender. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender hereby is authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce @s rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a •02-23-1999 COMMERCIAL GUARANTY Page 3 (Continued) lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. This Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement, Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Notices. All notices required to be given by either party to the other under this Guaranty shall be in wdfing, may be sent by teallacsimile (unless otherwise required by law), and shall be effective when actually delivered or when deposited with a nationally recognized overnight courier, or when deposited in the United States mail, first class postage prepaid, addressed to the party to whom the notice is to be given at thQ address shown above or to such other addresses as either party may designate to the other in writing. If there is more than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all wards used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty in all other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations or partnerships, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting to act on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Waiver. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO ANY OF GUARANTOR'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEVY OR OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE LIEN OF SUCH JUDGMENT SHALL EXTEND TO SUCH RESIDENTIAL REAL PROPERTY AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO EXECUTE, LEVY OR PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2985 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEVY OR OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED FEBRUARY 23, 1999. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARA TOR: X (SEAL) Kenneth W. Heiser M. Lucmda Heiser LASER PRO, Re_. U.S. Pa I.& T.M, Off„ Ver. 3.261, (c) 1999 CFI ProSermces, Inc. All rlgh is reserved. IPA-E20 aREEO HE S.LN C23.0VLI DISCLOSURE FOR CONFESSION OF JUDGMENT Prtrtcij>at $FQ4100S ;:Caen Rates x2.23-T9 3 ARaturtty Loal'1 t!trr 1" Wow Catt . s . ; Cattaterat ' E ;: . Accouni 3351 1 :, Officer.: 3ttitials j iCN1 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Borrower: Kenneth W. Heiser dba: Yellow Breeches Box Co. P.O. Box 127 Mt. Holly Springs, PA 17065 Lender: KEYSTONE FINANCIAL BANK, N.A. Carlisle High Street Office One West High Street Carlisle, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT - I AM EXECUTING, THIS DAY OF 19 - tM ? , A PROMISSORY NOTE FOR $20,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S E TE 1 JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: 8. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, 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. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO ENS EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS 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 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. i CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED. AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFFIANT:, X .(SEAL) Kenneth W. Heiser LASER PRO, Reg. U. S. Pat. & T.M. Off., Ver. 3.280 tc) t992 CFI ProServices, IOC. All rights reserve a. IPA-030 F3.29 BR EEC HE S.LN 023.OVLI DISCLOSURE FOR CONFESSION OF JUDGMENT Prtnci#at t oan Dates; 1Vlatul i#y 3 oan Nth ,. Cats Cc?Flatet al; Account t3fftcer 1 slitals ; szanaoaa z-tis surt: twos . se s 3, s xtafi . ; ',T.02 3 References i n the shaded area are for Lender's use only and do not limit the applicability of this document to any parficufar loan or item. Borrower: Kenneth W. Heiser Lender: KEYSTONE FINANCIAL BANK, N.A. dba: Yellow Breeches Box Co. Carlisle High Street Otfice P.O. Box 127 One West High Street Mt. Holly Springs, PA 17065 Carlisle, PA 17013 Guarantor: Kenneth W. Heiser and M. Lucinda Heiser P.O. BOX 127 Mt. Holly Springs, PA 17065 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS _ 2; DAY OF C , I&I , A GUARANTY OF A PROMISSORY NOTE FOR $20,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING OUD MENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT i. PROVISION. INITIALS jk 4. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, 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. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LEMD-ER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS 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 TI4AT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED, LASER PRO. Reg. U.S. Pat. & T.M: Off., Ver. 3.26btc)1999 CFI ProServices, Inc. All rights reserved. IPA-030 F3.26 BREECHE S.LN 023.OVLI Q5,116/05 14:59 FAR 6100783917 COl1NTYOF /'?'+n?y?va...y ) COMMONWEALTH OF PENNSYLVANIA) AFFIDAVIT Z002 1, Kenneth W. Heiser, have entered N03 a credit agreement with KEYSTONE FINANCIAL BANK, N.A. dated February 23, 1999. 1 hereby certify that the proceeds of this extension of credit are to be uli0zed In the conduct of a business enterprise engaged In the business of cabinet maker (the "business enterprise'). The undersigned exercises actual conhol over the managerial decisions of the business enterprise. Subscribed and sworn to by me, under penalty of perjury, this ;-3 day of ?3 a , te_ THIS AFFIDAVIT HAS BEEN SIGNED AND 4EALED BY THE UNDERSIGNED. AFFIANT: Kenneth W. Heiser sworn to ana subscribed before me this 3 day of 19 Notary Public % LAAER1 PROrR®. U.S, M.4 M AND T BANK CL i BUSINESS ENTERPRISE AFFIDAVIT Notarial Seal Joan L Crowl, Notary Public Carlisle Boro, Cumberland County My Ccmmission Expires April 23, 2007 Borrower; Kenneth W. Heiser Lender: KEYSTONE FINANCIAL BANK, N.A. dba: Yellow Breeches Box Ctr. Carlisle High Street Office P.O. BOX 127 One West High Street Mt Holty Springs, PA 1706S Carlisle, PA 17013 KqKt(2ffw rxorfssaxucanoxnnox St tm May 19, 2005 (VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED) Kenneth W. Heiser Lucinda Heiser P.O. Box 127 Mt. Holly Springs, PA 17065 &mail: gbalchunas®kozloffstoudt.com Re: Manufacturers and Traders Trust Company Our File No. 200541-018 Dear Mr. and Mrs. Heiser: As you know, our firm represents Manufacturers and Traders Trust Company, successor to Keystone Financial Bank, N.A. I write with respect to the $20,000.00 Promissory Note that you gave to our client on February 23, 1999 (copy enclosed). Pursuant to the terms of that Note, and on behalf of our client, we hereby demand that you promptly pay all amounts due under the Note. Those amounts are as follows: Principal $15,828.51 Interest $82.09 Total $15,910.60, plus $3.077 interest per day after May 20, 2005 Please forward your check in the amount of $15,910.60, plus per diem interest, to: James T. Grady, Vice President Manufacturers and Traders Trust Company P.O. Box 15210 Reading, PA 19612 If you fail to promptly comply with this demand, we are prepared to enter judgment against you and exercise the Bank's rights with respect to your assets in order to enforce that judgment. Very truly yours, KOZLO F S UDT Profes r n orporation alchunas GCB/lry cc: Mr. James T. Grady - Manufacturers and Traders Trust Company 2640 Westview Drive • P.O. Box 6286 • Wyomissing, PA 19610 • Phone: (610) 670-2552 • Fax: (610) 670-2591 www. kozloffsto udt.com 1 t? VA Y W 1Q(? ?i(Je FYI (S r'.?' C t7 r` ? L ?45 Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff vs. KENNETH W. HEISER, doing business as Yellow Breeches Box Company, and M. LUCINDA HEISER, Defendants Attorneys For: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3127 CIVIL TERM: ASSIGNED TO: NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: KENNETH W. HEISER AND M. LUCINDA HEISER: A judgment in the amount of $17,493.45 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHING 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KOZLOFF STOUDT )Attorne ID# 42936 2640 estview Drive P . Box 6286 Wyomissing, PA 19610 (610) 670-2552 Date: August 16, 2005 rc° c m? 04 p MANUFACTURES AND TRADERS : IN THE COURT OF COMMON PLEAS TRUST COMPANY, Successor to : CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE FINANCIAL BANK, N.A., : CIVIL ACTION - LAW Plaintiff No. 05-3127 Civil Term VS. KENNETH W. HEISER, d/b/a YELLOW BREECHES BOX COMPANY, and M. LUCINDA HEISER, Defendants PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Barry W. Sawtelle, Esquire of the law firm of Kozloff Stoudt, as attorney for Manufactures and Traders Trust Company, in the above- captioned matter. Date: 2005 KOZLOFFSTOUDT W. SAWTELLE 2640 West View Drive P.O. Box 6286 Wyomissing, PA 19610 hI ?V ( J J"i _? J ?? _ ? _' l l ? C..1 ? ^ ?... ??' \:? 1 i ?i i ?. MANUFACTURES AND TRADERS : IN THE COURT OF COMMON PLEAS TRUST COMPANY, Successor to : CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE FINANCIAL BANK, N.A., : CIVIL ACTION - LAW Plaintiff No. 05-3127 Civil Term VS. KENNETH W. HEISER, d/b/a YELLOW BREECHES BOX COMPANY, and M. LUCINDA HEISER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Marc A. Hess, Esquire of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorney for Manufactures and Traders Trust Company, the Plaintiff in the above-capti ed matter. Date: '2005 I.D.#55774 TTi al .-i ?4. C=? „' `_'' [ :? SHERIFF'S RETURN - NOT FOUND ,CASE NO: 2005-03127 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS VS HEISER KENNETH W ET AL DAVID MCKINNEY ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HEISER KENNETH W D/B/A YELLOW BREECHES BOX COMPANY but was unable to locate Him in his bailiwick. He therefore returns the NOTICE UNDER RULE 2958.1 OF JUDGEMENT & EXECUTION THERON, NOTICE OF DEFT'S RIGHTS the within named DEFENDANT BREECHES BOX COMPANY 100 SANDBANK RD , NOT FOUND , as to , HEISER KENNETH W D/B/A YELLOW MT HOLLY SPRINGS, PA PROVIDED IS NOT VALID IN CUMBERLAND COUNTY Sheriff's Costs: Docketing 18.00 Service 4.80 NOT FOUND RETURN 5.00 Surcharge 10.00 nn so answersy,- ° . Tli( K1,Xne Sheriff of Cumberland County 37.80 KOZLOFF STOUDT 08/04/2005 Sworn and subscribed to before me thisY day of 7 ?.Y ppJ?A.D. P thonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03127 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS VS HEISER KENNETH W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HEISER M LUCINDA but was unable to locate Her in his bailiwick. He therefore returns the NOTICE UNDER RULE 2958.1 OF JUDGEMENT & EXECUTI THERON, NOTICE OF DEFT'S RIGHTS , NOT FOUND , as to the within named DEFENDANT , HEISER M LUCINDA 100 SANDBANK RD MT HOLLY SPRINGS. PA ADDRESS PROVIDED IS NOT VALID IN CUMBERLAND COUNTY. Sheriff's Costs: So answers;, Docketing 6.00 Service .00 NOT FOUND RETURN 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County nn 21.00 KOZLOFF STOUDT 08/04/2005 Sworn and subscribed to before me this day of A.D. - rothonotary Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Attorneys For: Plaintiff Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff vs. KENNETH W. HEISER, doing business as Yellow Breeches Box Company, and M. LUCINDA HEISER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3127 CIVIL TERM: ASSIGNED TO: NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: KENNETH W. HEISER AND M. LUCINDA HEISER: A judgment in the amount of $17,493.45 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHING 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KOZLOFF STOUDT Professional Corporation uire f(ftorne # 42936 2 estview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 Date: July 5, 2005 N u- - ,- N fY.? N Lx-2- Barry W. Sawtelle, Esquire Attorney ID# 42936 Kozloff Stoudt 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff vs. Attorneys For: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3127 CIVIL TERM: KENNETH W. HEISER, doing business as Yellow Breeches Box Company, and M. LUCINDA HEISER, Defendants ASSIGNED TO: NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: KENNETH W. HEISER AND M. LUCINDA HEISER: A judgment in the amount of $17,493.45 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHING 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KOZLOFF STOUDT Professional Corporation Date: July 5, 2005 P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 SHERIFF'S RETURN - REGULAR CASE NO: 2005-03127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS VS HEISER KENNETH W ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE UNDER RULE 2958.1 was served upon HEISER KENNETH W D/B/A YELLOW BREECHES BOX COMPANY the DEFENDANT , at 1645:00 HOURS, on the 24th day of August 2005 at 1000 SANDBANK RD MT HOLLY SPRINGS, PA by handing to KENNETH HEISER a true and attested copy of NOTICE UNDER RULE 2958.1 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.80 ¢ ?P Postage .37 Surcharge 10.00 R. Thomas Kline nn 08/25/2005 KOZLOFF STOUDT Sworn and Subscribed to before me this IG day of -CIM htA/ _ oZ-- G A. D. Prot r17 By: S, L - /,- 2L Deputy Sher ff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS VS SER KENNETH W ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE HEISER M DEFENDANT was served upon the , at 1645:00 HOURS, on the 24th day of August , 2005 at 1000 SANDBANK RD MT HOLLY SPRINGS, PA by handing to KENNETH HEISER, HUSBAND a true and attested copy of NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of Yi/VW Y , 4<X S A. D. (r Prot So Answers: R. Thomas Kline 08/25/2005 KOZLOFF STOUDT By: S?/,- /, 2??7 Deputy Sherij?f Barry W. Sawtelle, Esquire Attorney No.: 42936 KOZLOFF STOUDT 2640 Westview Drive P.O. Box 6286 Wyomissing, PA 19610 (610) 670-2552 Attorneys for Plaintiff MANUFACTURERS AND TRADERS : IN THE COURT OF COMMON PLEAS TRUST COMPANY, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA : CIVIL ACTION -LAW vs. KENNETH W. HEISER and YELLOW BREECHES BOX COMPANY and M. LUCINDA HEISER, Defendants CASE NO: 2005-3127 PRAECIPE TO THE PROTHONOTARY: Kindly enter the judgment in favor of Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY and against Defendants KENNETH W. HEISER, YELLOW BREECHES BOX COMPANY, and M. LUCINDA HEISER in the above- captioned action as SATISIFIED AND PAID IN FULL upon payment of your costs. Kindly enter the above-captioned action as SETTLED, DISCONTINUED AND ENDED. KOZLOFF STOUDT eNo.:'42936- v for Plaintiff A LE D- C>: F- 1 C T H ? P? ilrC?y C 2909MA -4 P 2:'11