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Home My WebLink About05-5319KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA' 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 3 [< CJ C JAMES A. WENTZ AND KELLY L. WENTZ CONFESSION OF JUDGMENT Defendants CONFESSION OF JUDGMENT By virtue of the authority conferred by the Note and Guaranty, of which copies are attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against the Defendants for the sum of $30,915.98, and costs of suit. Z??' Eugene E`ia y, Jr. Attorney for Def ndants by virtue of the authorization contained in the Note and Guaranty KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JAMES A. WENTZ AND KELLY L. WENTZ CONFESSION OF JUDGMENT Defendants NOTICE To: JAMES A. WENTZ AND KELLY L. WENTZ, Defendants You are hereby notified that on October _,4L, 2005, judgment by confession was entered against you in the sum of $30,915.98 in the above captioned case. Dated: October--/(-, 2005 0-k P othonota 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 I hereby certify that the following is the address of the defendant(s) stated in the certificate of residence. James A. Wentz Kelly L. Wentz 290 Old Stonehouse Road 171 Fairview Drive Carlisle, PA 17013 Carlisle, PA 17013 Q L\ Attorney WO W's) KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. JAMES A. WENTZ AND KELLY L. WENTZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendants NOTICE JAMES A. WENTZ AND KELLY L. WENTZ, Defendido CIVIL ACTION - LAW NO. CONFESSION OF JUDGMENT Usted esta siendo notificando qua el de Octobre del 2005, Be anoto en contra suya un fallo por confesion en la suma de $30,915.98 en el caso mencionado en el epigrafe. FECHA:Octobre 2005 Prothonotary LISTED DEBE LLEVAR IMMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: James A. Wentz Kelly L. Wentz 290 Old Stonehouse Road 171 Fairview Drive Carlisle, PA 17013 Carlisle, PA 17013 Attorney for Plaintiff(s) KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA' 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JAMES A. WENTZ AND KELLY L. WENTZ CONFESSION OF JUDGMENT Defendants NOTICE OF DEFENDANTS' RIGHTS A judgment in the amount of $30,915.98 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP By: Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Manufacturers and Traders Trust Company KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES A. WENTZ AND KELLY L. WENTZ Defendants COMPLAINT CIVIL ACTION - LAW NO. CONFESSION OF JUDGMENT Plaintiff Manufacturers and Traders Trust Company is a New York banking corporation, successor to Keystone Financial Bank, N.A., with an office at 213 Market Street, Harrisburg, Pennsylvania 17105. 2. Defendant James A. Wentz is an adult individual DBA Locust Point Paving, whose address is 290 Old Stonehouse Road, Carlisle, Pennsylvania 17013. 3. Defendant Kelly L. Wentz is an adult individual whose address is 171 Fairview Drive, Carlisle, Pennsylvania 17013. 4. On or about December 22, 1999, Defendants James A. Wentz and Kelly L. Wentz, for good and valuable consideration, executed and delivered a Note (the "Note") and a Continuing Guaranty (the "Guaranty"), respectively to Plaintiffs predecessor. True and correct copies of said Note and Guaranty are attached hereto, made a part hereof and marked Exhibit 'W'. 5. The Note and Guaranty referred to in Paragraph 4 above have not been assigned by Plaintiff to any person or organization. 6. Judgment has not been entered on the Note or Guaranty referred to in Paragraph 4 above in any jurisdiction. 7. The Note and the Guaranty provide that Plaintiff may confess judgment against Defendants for the full principal balance and interest, together with court costs and with ten percent (10%) for attorneys' fees. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 8. The Defendants' obligations are in default, among other things, by reason of the failure to make the payment(s) due to Plaintiff. 9. The amount due on the Note and Guaranty as of October 6, 2005, is $28,105.48, including principal, interest and late charges. Ten percent (10%) of and sum is $2,810.50. 9. Plaintiff has been advised and, therefore, avers that Defendants executed the Guaranty referred to in Paragraph 4 above for business purposes. 10. Plaintiff believes and, therefore, avers that Defendants' annual income exceeds $10,000.00. 11. This confession of judgment is not being filed against a natural person(s) in regards to a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $30,915.98, together with interest as may hereafter accrue and costs of suit. KEEFER WOOD ALLEN & RAHAL, LLP Date: October 6, 2005 By: Eugene E. epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff OCT-06-05 THU 04;16 PM MTB SPECIAL ASSETS FAX NO. 717 255 2370 P. 02 10/06/05 14:58 KEEFER WOOD ALLEN & RAHALj LLP a 717 255 2370 NO. 977 P007/008 KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT 6TREET PO BOX 11067 HARRISBURG. PA 17103.1063 VERIFICATION The undersigned Walter Leader, hereby verifies and states that: He Is Banking Officer of Manufacturere and Traders Trust Company, Plaintiff heroin: 2. He is authorized to make this Verification on Its behalf; 1 The facts set forth In the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4804, relating to unsworn falsification 10 Authorities, Walter Leader Dated: October U 1 2005 -SEP.28.2005 11:13AM - NO. 738 P. 2/4 .' PROMISSORY NOTE n.. .. o .m+am`/..... "..?n' ... ....„,01717....""iv3':: .:..m.. ,....mo: .L... .?.. ......, :...... :'. .... , mS ... v:........: ......... vrm.. ??ar ... :. .. .........P.R. ? H,"i_. ,ur9....:rm: .a.. .....nL., v,."rru{,mr .,...... Inn ". ... .. ...Y`uma^.ct,av:i............ .. ..dii' tt.... m References In the Shaded area are for Lendee& use only and do not Il .11 the nppli? w ^f thk document to any particular loan or item. Any Rem above containing ^^" tees been amiltetl du -•- -- - - _ 90rroWer: James A. Wentz DBA: Locust Point Paving Lender: 0000397301 290 Old Stonehouse Road 0000000$01 Carifale, PA 17013 vvENTZ DBA JAMES Principal Amount: $30,000.00 Initial Rate; 9.500% wale of 1999 PROMISE TO PAY. James A. Wentz ("Borrower") promises to pay to Keystone Financial Bank, N.A. Mention, or order, In lavrul money of the United States of America, on demand, the principal amount of Thirty Thousand & 001100 Dollars (S30,o00.00) or so mum as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated tram the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan Immediately upon Lender's demand. Payment in full IS due Immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning January 22, 2000, with an subsequent interest payments to be due on the same day of each month after that, Union otherwise agreed or required by applicable law, payments will be apps ed rest to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. The annual Interest rate for this Note is computed on a 3661360 Deals, that Is, by applying the ratio of the annual interest rate over a year of No days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outatanding, Borrower will pay Lender at Lander's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is Subject to change from time to time based on changes in an independent index which is the Prime Rate as published each business day in the Wall Sheet Journal. When a range at rates has been published, the highest rate will be used (f "Incialo. Tho Index is not necessarily the lowest rate charged by Lender on Its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each DAY. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 8.500% per annurn. The imerest rate to be applied to the Unpaid principal balance of this Note will in at a rate of 1.000 Percentage Point over the Index, resulting in an Initial rate of 9.500% per annum. NOTICE: Under no cireums%ncm will the Interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty aU or a portion of the amount owed earlier than it Is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Somower agrees not to send Lender payments marked "paid In full", "without recourse", or simile language. If Borrower sends Such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full sal'IsMoOon of a disputed amount must be mailed or delivered to: Keystone Financial Bank, NA.; Camp Hill RBC; 4231 Trindle Road; Camp Hill, PA 17011. LATE CHARGE, If a regularly scheduled Interest payment Is 16 days or mote late Borrower will be charged 61300% of the regularly Scheduled pal a t. If Lend rde of the payment of tiro unpaid and principal does not pay the loan In fug within is days after Lender's demand, Borrower also charged plus accrued unpaid Interest INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at Its option, may, if permitted under applicable law, Increase the variable Interest rate on this Note to SA00 percentage points over the Index. The Interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rata applicable to this Note at the Ems judgment is entered. DEFAULT. EBoh of the following shall constitute an event of default ("Event of Default") under this Note: Payment DeleulL Borrower falls to make any payment when due under this Note. Other DefaUltR Borrower tails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or In any of the related documents or to comply with or to perform any term, obligation, covenant or condition eortained In any other agreement between Lender and Borrower. Defaud in Favor of Third Pardee, Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially aW any of Borrowers property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any wan", representation or statement made or nunished to Lender by Borrower or on Borrower's behalf under this Note or the related documents Is false or misleading in any material respect, either now or at the time made or furnished or becomes fake or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the Insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower. Creditor or Farfeftpre Proceedings. Commencement of foreclosure or forfeiture pro car ings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governments) agency against any collateral Securing the loan. This inciudeea garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written noftca of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forteihue proceeding, in an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness . In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor'$ estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, In doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. %SEP 28-2005 11:13AM NO, 738 P. 3/ age 2 PROMISSORY NOTE (Colttinued) Insecuttry. Lender in good faith believes itself insecure. Cure Provisions, if any default, other than a default in payment, Is curable and if Borrower has not been given a noflce of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (16) days; or (2) if the cure requires more then fifteen (15) days, immediately initiates steps which Lender deems In Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lander may, after giving such notices as required by applcable law, declare the entire unpaid principal balance on this Note and all accrued unpaid Interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect the loan if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' foss and Lender's legal expenses, whether or not there is a lawsuit including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and ft laws of the Commonwealth of Pennsylvania. This Note has beep accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lander a contractual security interest in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which the grant of a security Interest would be prohibited by law. Borrower authorses Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such amounts, and, at Lenders option, to administratively freeze all such accounts to slow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note Is secured by in addition to any other collateral, an Opan-End Mortgage dated December 22, 1999, to Lender on real property located in Cumberland County, 6ommonwealth of Pennsylvania, all the tens and conditions of which are hereby incorporated and made a part of this Nola. LINE OF CREDIT. This Note evidences it revolving line of Credit. Advances under this Note may be requested orally by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed In writing. Al communications, Instructions, or directions by telephone or otherwise to Lander are to be directed to Lender's office shown above. The following persons currently are authorized to request advances and authodze payments under the One of credit until Lender receives from Borrower, at Lender's address shown above, written notice of revocation of their authority: James A. Wentz, and Kelly L Wentz, Borrower agrees to be liable for all sums almer. (A) advanced in accordance with the Instructions of an authorised person or (B) credited to any of Borr'ower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lenders internal records. including daily computer print-outs. YEAR 20DO PROVISIONS. YEAR 2000 PROVISIONS- Year 2000 Issues have not resulted in, and will not result in, a material adverse change to the business, propomas, assets, financial condition, results of operations or prospects of the Borrower, and have not and will not impair materially the ability of the borrower to serve and punctually pay or perform any of Its obligations owed to the Lender. From time to time, within twenty (20) days after any request by the Lender, the Borrower shall deliver to the Lender a written report as to its compliance efforts in connection with Year 2000 Issues, the costs incurred to date and the anticipated future costs thwaof, and information as to any liability the Borrower expects to incur in connection with Year 2DDO Issues, all in such detal as the Lender may reasonably request. In addition, the Borrower shall, upon request of the Lender, permit the Lender, upon reasonable notice and during normal business hours, to mast with the Borrowers information Wslems and technologies employees andlor outside providers to discuss the status of the Borrowers compliance efforts in connection with Year 2000 Issues and the actual anticipated costs thereof. The Borrower shall take all action necessary to ensure that it will be Year 2000 Compliant for all mission critical systems on or prior to December 31, 1908 and to ensure that it will be Year 2000 Compliant for all other major systems on or prior to December 1, 1999, such that no material adverse change to the Borrowers busineee, properties, assets, financial condition, results of operations. or prospects will result. For purposes of this provision, "fear 2000 Issues" means the risk that computer applications, (including all software, embedded mforo-chips and other processing capabilities) used by or for the benefit of the Borrower may be unable to recognize or properly perform date-eensfave functions Involving certain dates prior to, and any date after, December 31, 1999, and "Year 2000 Compliant" means that an software, embedded micro-chips and other processing capabilities utlfized by and material to the Borrower are able to effectively and correctly process data and perform functions for all calendar dates, including dates in and after Year 2000. YEAR 2000 DEFAULT. In addition to the other Events of Default described in this Agreemenl, each of the following shall constitute an Event of Default under this Agreement. (a) any representation or statement made or furnished to the Lender by or on behalf of the Borrower with respect to Year 2000 Issues Is false or misleading In any material respect either now or at the time made or furnished, (b) the Borrower talk to moat the deadlines required in this Agreement to be Year 2000 Compliant, the Borrower fails to comply with any other provision of this Agreement relating to Year 2000 Issues, or (d) the Lender determines, in its sole discretion, that there is a reasonable Ilketihood that the Borrower cannot be Year 200 Compliant on or before December 1, 1991. BORROWERS WAIVER AND INDEMNIFICATION. Borrower hereby indemnifies and holds harmless Lender and Lenders aftiriatea and controlling entities, their respective successors and assigns. and all of their Officers, directors, employees and agents (each as "Indemnified Prison" and collectively the "Indemnified Persons") against any and all claims, demands, losses, costs, and expenses (including without limitation attorneys lees and costs whether at trial or otherwise, and on any appeal or petition for revlew) incurred by any Indemnified Person arising out of or relating to any investigatory or remedial action involving the Year 2000 Issues, or on account of the breach of any Indemnified Person pursuant to this Agreement. In addition to this indemnity, the Borrower hereby raleases and waives all present and future claims against the Lender or any indemnified Person for the Indemnity or contribution in the event the Borrower becomes liable for any failure or default under Year 2000 Provisions of this Agreement. The indemnity and waiver provisions set forth In's Section shall survive the payment by the Borrower of the obligations owed to the Lender under this Agreement or any other agreement. CESSATION OF ADVANCES. In addition to the other remedies set forth in this Agreement, it the Lender has made any commitment to make any loan, advance or other extension of credit to the Borrower, whether under this Agreement or under any other agreement or instrument, the Lender shall have no Obligation to make any loan, advance or other extension of credit to the Borrower, or to extend credit accommodations to the Borrower of any kind, If, as a result of the Borrowers failure to comply with the provision of this Agreement relating to the Year 2000, a material adverse change in the Borrowers financial condition, properties, business or operations occurs or is likely to result, or it any other event or circumstances has occurred or arisen which is reasonably likely to result in a compliance failure or default under the Year 2000 Provision of this Agreement. SEP. 28. 2005 11:14AM N0. 138 P. 4/4 PROMISSORY NOTE NO. 3 (Continued) CROSS-COLLATERALRATION. The Financing Statements being held as Security on this loan are the same as those being held as Security on Loan #$91301-30024. GENERAL PROVISIONS, This Note and is payable on demand. The inclusion of Specific default provisions or rights of Lander shall not preclude Lender's right to deolam payment of this Note on Its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the eldant allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change In the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from fiabifily. All such parties agree that Lender may renew m wdend (repeatedly and for any length of time) this loan or release any parry or guarantor or collateral: or impair, fail to realize upon or perfect Landees security interest In the collateral; and take any other action deemed necessary by Lander without the consent of or notice to anyone. All such Pay .as also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made- The obtigatlons under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, a will not affect the enforceability of any other provisions of this Note- CONFESSION OF JUDGMENT, BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOT= AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL. SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS %500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALLTIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL The Gan arising from any judgment confessed or entered pursuant to the foregoing authority shag not extend to any of Borrowers 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 Protec9on 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 properly; provided, however, that the lion of such judgment shall extend to Such residentel real property and that the holder thereof shall be permitted to execute, levy or proased against such residential real property from and after the entry of a judgment as contemplated by Saction 407 of such Loan Interest and PmWon Law and Rules 28M1 to 29W of the Pennsylvania RUlos of Civil Procedure, or successor or similar statutes and rules. No limitation of lion or arty 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. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND T IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW BORROWER; YI„ L'Gww ??rrrr000000 .5 ?. ?• 3: i,: iY`L ;%'k'... :•e::'if I Jam A. weal=, IRd u tr' WER PIIOlaMn4 RK eI.hit{TYa~T. VIr.1.t1.00.00 MINf.f000 M"grM I&WL NINPWNglrwl -PA 614MIV?MnCFNDL\Rl1,IG 14ae pp.r COMMERCIAL GUARANTY Guarantor: Kelly L. Wentz 171 Fairview Drive Carlisle, PA 17013 AMOUNT OF GUARANTY. The amount of this Guaranty is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, Kelly L. Wentz ("Guarantor") absolutely and unconditionally guarantees and promises to pay 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 James A. Wentz ("Borrower") to Lender on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes any and all of Borrower indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations and debts to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. 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 incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new indebtedness. This Guaranty shall bind Guarantor's estate as to Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty, It is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions In the amount of Indebtedness, even to zero dollars ($0.00), prior to Guarantor's written revocation of this Guaranty shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial 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 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 quality in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. C? 15 I I (? Borrower: James A. Wentz DBA: Locust Point Paving Lender: Keystone Financial Bank, N.A. 290 Old Storehouse Road Camp Hill RBC Carlisle, PA 17013 4231 Trindle Road Camp Hill, PA 17011 COMMERCIAL GUARANTY Page 2 (Continued) 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 Lenders commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced there is outstanding Indebtedness 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 the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. Guarantor grants to Lender a contractual security interest in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which the grant of a security interest would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds it there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness 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 is hereby 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 its 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. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and COMMERCIAL GUARANTY Page 3 (Continued) any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any Loan indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and Lender's successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means James A. Wentz, and all other persons and entities signing the Note in whatever capacity. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation Kelly L. Wentz. Guaranty. The ward "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty Lender. The word "Lender" means Keystone Financial Bank, N.A., its successors and assigns. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10Y) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO ITS TERMS. THIS COMMERCIAL GUARANTY IS DATED DECEMBER 22, 1999. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. Feq. V.Ao l 6T.M. OFF, Ve,. 5,11.00,06 Cc) 1997,1999 CFI P,"Servlces, Inc. All ?-? 1 n. rp`, ?'Sl _ 4 ?-$.? " ; C7 c^ ,1 . C', :'ic ?t Z ?) i n i .. in U-, -{ KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JAMES A. WENTZ AND KELLY L. WENTZ Defendants TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 05-5319 CIVIL TERM CONFESSION OF JUDGMENT PRAECIPE i? 1 (? w?..t Please mark this judgment "Satisfied" by order of the Plaintiff. Date: October 8, 2008 rv KEEFER WOOD ALLEN & RAHAL, LLP c:. t_.l -;77 Fri A5 rr? :s! By: Eugene E. Pe n , Jr. Attorney I.D. #2 702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff i? 7 '.y CD ?^A "j .ma=y _i .,.171ft ?. ?L i