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HomeMy WebLinkAbout05-6266 RICHARD L. CAMPBELL, Defendants CIVIL ACTION - LAW McNees Wallace & Nurick LLC Clayton W. Davidson Attorney I.D. No. 79139 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 Attornevs for Plaintiff INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. (j)- (,~Jt{fJ NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA.R.C,P. NO. 236 TO: RICHARD 1. CAMPBELL 10 Accent Circle Camp Hill, P A 17011 You are hereby notified that on December 5, 2005, a judgment by confession was entered against you in the above-captioned case in favor of Integrity Bank in the amount of $21,048.24 along with interest accruing at the per diem rate of $4.21 and costs of suit. P DATE: RICHARD L. CAMPBELL, Defendants CIVIL ACTION - LAW McNees Wallace & Nurick LLC Clayton W. Davidson Attorney 1.D. No. 79139 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 Attornevs for Plaintiff INTEGRITY BANK, Plaintiff, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C)5~ (;,,)(.C' CONFESSION OF JUDGMENT Pursuant to the authority contained in the Note attached as Exhibit A in the Complaint filed in the above captioned case, we appear for Integrity Bank and confess judgment in favor of Integrity Bank against Richard L. Campbell in the amount of $21,048.24 along with interest accruing at the per diem rate of $4.21 and costs of suit. Respectfully submitted, McNEES WALLACE & NURICK LLC /; Date: December 6, 2005 By . / '-...-f , I, /'1((/ (, L{!.'J? ,'--, Cla)1on W rDavidson, Esquire Attorney 1.D. No. 79139 ] 00 Pine Street P. O. Box 1166 Harrisburg, P A 17108-1166 (717) 232-8000 cdavidson(cV,rnwn.com Attorneys for Integrity Bank <"', _.... _I RICHARD L. CAMPBELL, Defendants CIVIL ACTION - LAW McNEES WALLACE & NURICK LLC Clayton W. Davidson Atty LD. No. 79139 100 Pine Street P.O. Box 1166 Harrisburg, PAl 71 08 (717) 237-5496 Attornevs for Plaintiff INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO O-S- - ,'0/'0 . - (~,~ LV COMPLAINT FOR CONFESSION OF JUDGMENT Integrity Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Integrity Bank ("Integrity") is a Pennsylvania banking corporation located at 3345 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2 Richard 1. Campbell ("Campbell") is an adult individual with a last known address of 10 Accent Circle, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. On October 13, 2003, Integrity agreed to loan Campbell up to $35,000 for a commercial purpose as evidenced by a note (the "Note") executed by the parties and dated the same. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note. Principal Interest Attorney fees $18,937.70 $ 220.54 $ 1,890.00 4. On October 13, 2004, the Note was amended to, among other things, alter the maturity date until November 30, 2005, and such amendment was evidenced by a change in terms agreement (the "Change in Terms Agreement") executed by the parties and dated the same. Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Change in Terms Agreement. 5. The Note has matured and Campbell has previously defaulted under the Note by failing to make payments since October 14, 2005. 6. Campbell has taken 18 draws under the Note and the amount due and owing under the Note as of December 5, 2005 is itemized as follows: Total: $21,048.24* *along with interest accruing at the per diem rate of$4.21 and costs of suit. 7. The Note provides that upon default, Integrity may accelerate all sums due and owing thereunder and confess judgment against Campbell. 8. Campbell has defaulted under the Note as a result of failing to make payments since October 14, 2005 and the Note has matured without being paid in full. 9. All conditions precedent have been satisfied to allow Integrity to confess judgment against Campbell under the Note. 10. Judgment has not been confessed against Campbell in any other jurisdiction under the Note. 11. Integrity is the holder ofthe Note. / 12. The Note was executed and delivered in connection with a commercial transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Honorable Court enter Judgment against Richard L. Campbell in the amount of$21,048.24 along with interest accruing at the per diem rate of $4.21 and costs of suit. Respectfully submitted, McNEES WALLACE & NURICK LLC -; Date: December 6, 2005 " '.- ..- , By: \....- uJ 7/ ~ ....-1, t-~-"-~ Clayton W. 0ividson, Esquire Attorney 1.0. No. 79139 cdavidson@mwn.com 100 Pine Street P. O. Box 1166 Harrisburg, P A 17108-1166 (717) 232-8000 cdavidson@mwn.com Attorneys for Integrity Bank L_ ~. 7~ VERIFICATION I, James T. Gibson, President ofIntegrity Bank, verify that I am authorized to make this Verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my information, knowledge and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. "IIIl i X 111 (,,1 11 12(05(2005 11:40 71 7-920-3611 INTEGRITY BANK PAGE 02( 07 PROMISSORY NOTE Borrower: Richl'lrd L. Campbell !SSN: 10 Aece-nt Clrele Caomp Hill, PA 17011 161.32.32S2} ;0 C rntogrity 8ank 334$. Markl!!t Streot Camp Hill. PA 1701' 17171 920-4900 Principal Amount: $35,000.00 Initial Rate: 5.0DO% Date of Note: October 13. 2003 PROMISE TO PAY, Richerd L.. Campbelr '''Borrower''l promise$' to paV to Integrity Sank InL.nde"'~, or m-dlrr, In Jawf!,lJ mooney of th. United Statn of Amerlcu, the priJ1cipal BrT!ount of Thirty-five Thousand & 00/100 Dollars ($35,000.001 or so much ::\. !'r\l!Iy be out"tandlng. together with Interest ort the unpltid out.!ltonding prlneip:!! balance of ea(:11 ZldVi!lJ'lce. Intllrnt sh{lll b. call;:ulatl!ld trom the date of Gosch Rdvanee until repaymillnt Qf clIoh IIdvoncEI. PA VI\nI;NT. B(lrrower will pay thia loan in one payment of all outstilrnflng Iltlnoipal plus all accrued unpI'lId intefl;!$t on October 13, 2004. lh addition, E!;Drrower will pay regtll.r monthly PElymenu of an accn,red unpaid" fntorerot due 8f of e&c" pavment dar.. beginnIng November 13, 2003. with all subsequorlt inter..st payments to be dUB an the $;:lMO day of oacl1 month after thttt. Unlen oth,rwil!lli! &gr8od or reQulr.d bv .pplic..blo law, paymsnt.o; wIN be appTJcd first tQ any .1Jccrl.led UI1paid Interest; then to principal: then to any unpaid !:oUec:tion cosbJ; and then to any larte r;hargo&:. The aflnu91 Intor.!;t rete for this Note I. computed on iI 365/360 baBis; that i.. by t'pplyint;;( the ratIo 01 the ~nnuaf intp,!rest rete over a year of 360 i;lt'lYs, mlJ\tipli~d by the outstaflding prlne!p:.1 billence, multiplied by the aotl,l,,1 number Qf days the prlncipiil balance i$ Qutstandin9. Sorrower will pay Lel1~er at lendu's addru9 !Jhown above or tit 'uch oth(!r place n Lende( may ~esignats In wrIting.. VARIABL.E fNTEREST FlATE. The interest rate on '~hl$ Note Is sllbject to Change from tima to time ba.!>etl on ohongell in en Independent index whicll is the The New Yor~ Prima R~te of Interel;ll shall mean the inra-r&Q:t rate pcr ;mm;m annouflced from time to time ll'l vario\,lS busir'lel;l!;l journals, lilvch as ThE! Wall Street Jovrnal, as the "Prime Rale of InterllSt". The New York. PrIme Rate of lnterellt is an index, IiIntlloons of t~e Bank may be established at.. above or below tile index !tl',e nlnde:x"l. The Index i, not necessarily the lowe$t n~te charged by Lenda( on its IOlilns. If the Index becomee vmlvaifable d\.lr\ng the term of this loan, Lend"r may designatA a .\Iubstiwta index after notice- to Borrower. Lender will tell Borrower the CUrrent Index rilte upon Borrower's raClu95t. The interset rate char.ge will not OOClJr more oHen them each day, eorrQWl!lr undli!'rMands 'that Lender may mske loan!! b@sed on oth$t ,lites as well. The Index cunently is 4,000% pef anr'lUm. Tho intei"eBt (lite to be applied to the unpaid principal balance of thi.s Nl)te will bill' at lit rtlte of 1.000 p'll'fg;entage- point QVer th li'ldl!lx, nsutting in 1;1" 'o)1:lal rate of 5.000% per annum. NOTICE.: Under n{) circum~tQmces will the interest rate On this NotQ bo more than th~ maximum rate al1owe~ by applicfJblc law, PREPAYMENT. Borrower l;lgrees that aU 10l:1n feQs and other prepaid financlil' charges arlil urned fully as o'f the date of the lot'ln and will not be subject to reiund upon efJrtv payment (whether vojunt~ry or as a rnvll of default), exoept 8S o'th9rw~f.! reQuJred by law, E:xcept for the foregoing, Borrower may priy withoV't penlllty all or e portion of the I;Imovnt owed nrlier than it i!i due. ~erly payments will not, vnlas!;! ~9reed to by lender in writing. rsliave Borrower of !:lorrower's Obligation to continua to meke payments o'f accrued unpClid interost. Rather, early p~ymQnt6 will reduce the prinoipal balance due. Borrower :.grees not to send Lender Ptlyments marked "paid in full". "without recovrse", ot similar lDnquege. If Borrower $end!3 such a payment. Londor may I;Iccept It without losing any of Lll!nder's rlghtt I..rnd~r this Note. flnd 6orrowar ........m remain obligated to pay Bny fllrtn",r amolJnt owed to lender. All writton communication" conoerning dIsputed amounts, including 8ny c::heGk or othl!lr payment Instrument that Indieates that the p2lymllnt constltutllls "payment in full" of the lImount oweQ' or that is tand''Hed with other condItionE. or limitations or e~ full GMi,faction of 6; dlsputlEld smollnt must bemailedotdelivl?redto:lntegrityBl.lnk.3345Ml3rketStreet.Cl:tmp I-Iill, PA 17011, LATe CHARGE. If a payment is W days or more late, Borrower will be charged 5.000% of the regularly Bche:d\.Jl(!:cf payment or $10,00. whlel't.ver is gr~~'tcr. INTEREST AFTER DEFAULT. Upon defi;1Ult, inCluding f~il\,Jre to pay upon final m<lturity, Lenoer, at its option, m<'lY, if permittod under ilppllc<lble law, increue the variable interest r~t,e on 'this Note (0 16.000% per annum. The interest rOlte wIll no1 excead the msxlmum rate permitted bv applicable law. \'f judgment is entered in c{)nlillction with this No~e, interest will continue to aCcrue on this Note after judgmen1. M thg iITterp.'St r.,ta sp,oHollblc to thia Note at the time judgment is entered. DEJ=A.ULT, E3ch of the following 5hall constitute IiIn ev~nt of default I~EV'ent of Default~l under this Note: P,yment Oe1BUtt, Borrowe( f611s to make any payment when due under this NotE:. Other Defl;ll,llts. BOrrower falls to comply with or 1;0 perform any other term, obligation, Covenant or condition containQd in this Note Or in any of the relllted dQctlmcnts or to comply with or to perfo~rn iJny term, obligilt;on, coven;ani or condition cont8ined in any Qther ilgreement between Lender l:Ind Borrowlil'r. Oefault in FSVOT of Third Parties. Borrower or tiny Grant,or defaults under liIny 10:'1'1, extension of credit, security agreement, pun::hp5e or 381es ::Jgl'eement, or anV other agreement, [n f8VOt of i(iny other craditor or PQrson thelt may materially affect any ot Borrower's property or Borrower's abilitY to rOpay this Nota or perform l3orroweor', obliga'ltona under thiEi Note or any of the related documents. FlIllje StatBment5;, Any wammty, rcpresent,e:tion or statement mi:ldB or furnished to leno'er by Borrower or on Botrower's behalf under thi~ Note or the related docllment,s Is fiJl.s or mislMding in any matedal reBoect. eithltr now or at the time mad!!! Or furnished 0' beoomes faille or misleading .;It 6ny time thereafter. Death or In$Qlveney. The death of E1Qrrovver O( the dissolution or termination of Borrowat's exi,tencQ as a going busines5, thl!: insolvency of 6ortowsr, the appointmenl of a receIver for ony pert of Borrower'~ property, sny liIssiQnment for thQ benefit of cr~d\tor~, any type of creditor workout, or the commencement of any proceoding under any bankrUPtcy 01 ineolvency (aws by or againlil aQrrowo~, eruditor Q1 FlJrfeitur. Proc.edings. Commencement of foreclo$llre or for-feitufe prooeedingl.'l, whether by Judicial pracMding, !\elj"ha'p. rll3POS.!;:lIasion or any O'~har method, by eny creditor of BQrrQWBr or bV any governmentfll agency against .any c:ollfltcrD! sP-cl,lring thp. lotm. This inolude!'! e garnIshment of llny of Borrower's accounts, including dl;!posit accounts, with Lender. Howevar, this Event of DcfOllJlt shell not f,lf)Olv if there j~ tr good faith dlsDUte: by Borrower os to the Vl;llidlty or ressonableness of the elaim whIch i5 the b~sis of the creditor or forfeiture proG:eecling iO:Ind if 6orrowet gives LendOr written nQlicc of the creditor or fr,;r'feiturc proceeding ;:md depo$it:; with l.ondl;lr monlC$ Qr EJ surety bOr'ld for the creditor Ot knfBiturl'! proc0ed\ng, in 8n amount determIned by Lender. in itS !!lol€ discretion. os being en aceqV8Ite reserve or bond for the dispr;te. Event& Af'fecting Guafanto~. Anv of the precp,.dil1g Qvent& occurs with tespect to any gUilrantor, andorser, suroty. or i)ccommodation party of 8ny of the indebtedness Dr any gllDrilntor, endorser, surety, or 3ccommodlJlticn patty dies or becoml:l~ jncompetent, or revolo;es Or 12/05/2005 11:40 717-920-3511 INTEGRITY BANK PAGE 03/07 Lo.n No: 1500023085 PROMISSORY NOTE (Continued) Page 2 disputes ~tlQ validity of, Or liab!lity undor, tiny gV/3Iranty of the indl!:btedno$a evidenced by this Note. In thli! event 01 rI deatl..., Lender, at its ?ption, may, bl,lt shall not be required to, permit the: guerentor', Gstate to tnguma unconditionlllly the obligations arisIng under the ~utlranty In II manner Satisfol:tClry to \..,IHldar. liInd, in doing so, cure any Event of Def.ault. AdversE! Change. A mllteria! adverSe chelnge OCCurs In BorrO......l3r.~ flnllncial condition, or Lender balieves the prO:iper,:t 01 peyrne:nt or perlormance of thi:s Nota is impeircd. In,eclJrity. Lender in good faith believ0s itself in:!lecUr~_ CUl1! Provisions. If any def"utt, other than '.;I defDul1; in payment ia: curable and If Borro......er has not bean given ~ notioe of 1'1 br1221ch of the same provision of this Note within the preeceding twslv'll! (12) months, it may bee CUfeQ (and no eVent of clafi!lult will have Otocurrcd) if Sorrower, after receiving writt9n notice from Lender demanding cure of such tlefault; (1) CUre:;l tho defijlult within ton (101 dllYs; or (2) if the Ol.lrQ requires mon than ten (lOJ days, immediately Initiates step", which I.ender oeems in Lender's 50ls discretion to b13 sufflcien~ to cure the: df,!fault end thereafter continl.les and completes till r13l'lsonable and neCCflilsry steps !':vfficient to produoe complianue as soon as reaRonobly practioal. LENDER'S RIGHTS. Upon oefault. l.ender may, after giving such notlcElS as retjuired by applicable law, declaro the ontire unpaid principiJll blil\sncE! on thie Note end all ~ccruad unpaid intcreat immedietely due, end then Bo~rower will pay 'that amOunt, ATTORfIlEYS' FEES: ~XPENSI;S, LE!nde~ may hire or pay someOne else to help collect thie Nota if sorroW~r docs not pay. Borrower will PiJlY Lender that amOunt. This includes, subject to i!ny lim;ts l.Ind.~ applicable law, Lend'or',s attorneys' fees and Lender'~ legal expense", wh8thl~H or not thQTl~ is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings \including efforts to modify or Vilcate any automatic stay or injunctionl, end appeal1i. If not prohibited by applicable Iflw. Borrower al'llo will pOly any COlJrt coste, in 8ddith:m to QU r,lthcr sums providF.!d by low .JURY WAIVER, lflnder tl.,d Borrower heret;l,:r.,."..~w~, ",:: ,," ".' , " " t to any jury trial in Bny action, proceeding, Or counterclaim brOllght by "ither lender or e.Otrowltr algalnst 1he other _ Hnitial Here ~;1~~~:1) GOVERNING lAW, This No.e will be 9o\l'erned by, con$trued and enforcf)d in 8ccordanc;:e with federal law ~nd the ISlwc of 1he CommonwCCllth of pennsylvarila, rhls Note h.:llS been accepted by Lender in the Commonwea!t11 of PennsylvaniB. CHO'C~ OF VENUE, 11 thare- is 6 lawsuit, Borrow'''' ii1grees upon Lander's HHltJest to ilubmit to the jur!~diction of the count! of Cumberland County, Comrt,onwealth 0' Pennsylvaniil. DISHONOREO ITEM FEE. Borrowar will pay .fI fee to Lenda~ of $10,00 if Bor~ower mClkes 8 payment on Borrow(1r's loan ond the cheek or p~ealJthodzedcharge with which Borrower pays is later dIshonored. RIGHT OF SEtOFF, To the eKtent permitted by 6Ppllci!lble law, lender rOServes D right of setoff in aU Borrower's accoullts with Lend9~ \whether checking, ~avrngs, or some other ICCO!"lnt), 'rhis lneludes .aU aocounts Borrower holds jolntlv with soml!!one 01s8 and 1iI11 accounts Sorrowsr may Open in the fllture. However, this does not include. any IRA or Keogh accounts, or any trLlst accounts fo' which &6toff would be prohibited by law, 8orrowa~ authorl1:ea I.ender, to the extent permitted by applic",ble taw, to charge or Setoff allsurml owing on the indebtedness C1gain!;l, My end DII auch ~t:counts. CQU,ATERAI... BOrrower C1cknowledgu tl1is Note is seoured by an essignment of DfI employment and non-competItion C1grcement. LINE OF CRI;OIT, 'rhis Note evidences .!l ~E!volving linE! (If c~edit. Advances undElr this Note, .as well as directions for payment from BorrOWer'g llCCOUrm, m",v be requested orally or in writing by BOrrower or by an lIuthorized perBon. lender mlly, blJt nQed not, require that lilt crill requaat$ be confirmed i;n writing. Borrower i!Igrecs to be liablE! for till 8ums either: 1M advanced in llcc:o~dBno{) with the il"i&'tI'uctlons of an authorized person or 1611 oredited to I:Iny of BorrO......er's 21ceOl,lnts with I..endcll'. The unpBid princip81 balaTlce owing on thIs NQte at any time may be evidenc~d by ,andorsernents on this Note or by Lender's internal records, lru::ll.lding daily oomputer pr~nt.oLJts, lender will have nQ obligetion to advlInce fund!il- L1nde~ this Note if: (A) sOrrow!;!f or any 91Jluantor is in dli!fBUI1 under the terms of this Note or any agreement that BrHfower or any gu~rantor ,has vvitl'1 Lender, inoluding any Og~Bement made in connectIon with thQ :!;Iignlng of this Note; lBI Borrowe~ 01' any gUarantor ceaslls doing business or is insolvent; (C) any guarantor seeks, claim' or otl)EHWige attempts to limit, modify or rGvoke such guarantor'$; guarentce of this Note or any othe~ loan with Lender; (D) 80rrow~r hl'l$ applie.d fl.lnds provided pur~Ul:lnt to this No'ta for DurpOBI!~ othll( than tho~~ .!lUihQrizcd by Lender; or jE) Lender in Qood faith believes itSBtf insecure. CALL OPTION., The Bank Shtdl have a c<:I1I option which may be exercised to be effective on each fifth anniversary of the date of closing, subjeCt to nlM1;y {90I days ..dvancc wrrtten notice to BOrrower advising the 6flnk's election to call tne obligation dIJQ, PATRIOT ACT~ TO HELP THE GOVERNMENT FIGHT THE FUNOING OF TERRORISM AND MONEY LAUNDF.RING ACTIVITIES, FEDERAL LAW REQUIRES AI.1i FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, ANO RECOROINFORMAT'ON THAT IDENTIFIES EACH ~mSON WHO OPENS AN ACCOUNT.! WHAT iHIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WHETHER IT BE A DEPOSIT ACCOUNT OR A LOAN, WE WILL ASK FO~ YOUR NAME, ADDRESS; DATE OF BIR'rH, AND OTHER INFORMATION THAT WILL ALLOW US TO ID!:.NTIFY YOU, WE MAY ALSO ASK TO SE;E YOUR DRIVER'S LICENSE OR OTHER IDENTiFYING DOCUMENTS, SUCCESSOR INTERESTS. ThE! terms {:If this Note shall be binding upon eot~ower, and upon Borrower's h~irs, pflT!~on:.'l1 reprE'!sentativP-!:I, suocessors l!lnd assigns., and sh;all inuro to thll benefit of l.endcr and It3 sur;:ce:ssors al"\d assigns, GENERAL PROVISIONS. Lender mllY delay O~ forgo enforcing any of Its rights Of rp.medies under thi9 NotG withollt losing them. Borrower ;and any other per.son who signs, guaHmteeB or endorses thiN Note, to the ex:tent allowed by law, waiVE prF.!scntment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, ~nd unless ot.herwiae expressly st;!lted in writing, 110 party wf10 sign~ tl"1is Note, whether as; meRcr, guarantor, accommOdation maktr ndorser, shl;lll be rele!lsed from lI..bility, AU such partil!!! agree t,hl;lt Londer may feneW or extend (repeatodly and fcr itny length of time) thi r alOe tiny party or gu.anir'ltor or coU:!tlilral; or impair, lillil t.o rO:'1tize upon or perfcet Lender's t>eourity in1:ercst in the collatQral; and ti!lke deemed necessary by L.endar withOlrt thf.!! consent 01 or not.ice to anyone. AU such partie~ tJIso agrel! that Lender may modity t he sent of or notice to anyone other thal'l the party with whom the modification i~ made. The obliglltiolls under this Note ~re J 11 any portion of 1hi!:l Note iR for any reason determined to be unenforcfl"ble, i't; will not lIf.fect the: enforcsabiJity 0" any other pro via ia Note, CONFESSION OF JUDGMENT. SORROWl'!R HEREBY IRRt:VOCASLY AUTHORIZES ANO EMPOWERS ANY ATTORNEY OR THE PROTHONOTAFlv OR CLE~K OF ANY COURT IN 'rHe COMMONWEALTH OF peNNSYI.VANIA, 01=\ E;LSEWHEAE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DE;FAULT UNDER THIS NOTE AND WliH OR WITHOUT COMPLA!NT FILE;Q, CONFESS OR EN'TEA JUDGMENT AGAIN5T BORROWER FOA 'THE EN'rIRE PRINCIPAL BALANCE OF THIS NOTE ANO ALL ACCRUEO INTERF.:ST, LATE CHAF'l.GES AND ANY AND ALL AMQUNTS-eXPENOED OR ADVANCED BY LENDER RELATING TO ANY COlI..ATERAL. SECUR.ING THIS NOT!;., TDGJ;THER WITH COSTS OF SUII, AND AN ATTORNEY'S COMMISS'nN OF TEN PERCENT 110%) OF THE UNPAID PRrNCIPI\I_ BALANCe: ANO ACCRUED INTEREST FOR COLLECTION. BUT IN ANY EVF.NT NOT l THAN FIVE HUNDRED DOLLARS ($500) ON' -:H JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTlbNS MAY ISSUE IMMI;OIA" .....(; ANO fOR SO OOING, THIS NO'TE OR A COPY l... ,f\oIlS NOTE VERIFIED BY AFFIDAVIT SHAI..L 5E SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONF~~!"l .1I1l'"1r.:ur:;I\.t'l" f\n "'''1''''' n.-.......,.,..'~~ ~.,. 12/05/2005 11:40 717-920-3511 INTEGRITY BANK PAGE 04/07 Loan No: Hlo0023085 PROMISSORY NOTE (Continued) Pogo 3 - EXHAUSTED I>Y ANY EXERC'SE OF THAT AUTHORITY, BUT SHA,L CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNT'L PAYMENT 'N FULL OF ALL AMOUNTS DUE UNDER THIS NOTE, BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECT'ON WITH ANY SUCH CONFESSION OF JUOGMENT AND STATES THAT EITHER A REPRESENTAT'VE OF LENOER SPECIFICAI.LY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPAeSE;NTEDSY INDEPENDENT LEGAL COUNSEL. , '.-,...'~ ,... "",,~, PRIOR TO SIGNING THIS NOTE, BORROWER REAO,...:'i>lb 't:lNai~$S'ooo ;':LL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER A(lREESJ.o;tHE~TERMS OF THE NOTE. BORROWER ACKIIIOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE lSGIVEN UNDER SE;A,L AND IT IS IN'TENDEiO THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THe EPFECT OF A SEALEO INSTRUMENT ACCORDING TO LAW. BORRO~~ ~ / ::::,;~;;:i~::;:7( S eall LENOER: INTEGRITY BANK ;7 . L-~JG- uthorized Signor L.,>.~.I~ mcl ~.....w. v..: ft,t~,M_QM' 00.... '''''1.._ ....~..OI ft.I."....~ .... '~l"/. 31lQ;L' All PII~"" ~_.."'.... ..1< ~:ieflll.J1,\l)t~ ~~ T~.I3'J ro.', . B t x:~;hJf 13 12/05/2005 11:40 717-g20-3611 INTEGRITY BANK PAGE 05/07 c. ANGE IN TERMS AGREEME!'I." Borrower: Richard CampbelllSSN: 161-32-3292) 10 Accent C1rcle Camp HilI, fA 17011 Lender; InUlgrjty Bank Camp Hill Office 3345 Mfilrket Street Camp Hill, PA 11011 (717) 920-4900 COpy Principal Amount: $35,000.00 Initial Rata: 5.75D% Data of Agreement: October 13, 2D04 DESCRIPTION Of CHANG!; IN TERMS. The original mliltlJrity d<:ltt of October 13, 2004 will be f1.xtlilnded to November 30, 2005. PROMISE TO PAY, Ricl1urd Campbell {"Borrower"l promises to pay to Integrity Bank ("lender"), or order, in lawfl,ll ITlQl10y of thto Unite-d Statu of America, the princIpal amount of Thirty-five Thousand & 00/100 Oollal'$ ($35,OOO.00J Dr SO much ill!iI may be outstanding, together with interest on the unpaid o\ltstslldlng principal b",18nCG of eBt:n l;JdvlInce, Imer.st sholl be cslcvlAtcd from 1:1111 date of each sdv~ncG until repayment of each adv!ill1ce. PAYMENT. Sorrower will pay this IOlo1n In one payment of all outstanding principal pI"" till accrued unpaid Interest on November 30.2006, In addition. 6orrower wlll pay regul.r monthly payments of all 8Qcrued unpaid iJ1terest due ,Ui of fi!clu::h payment date. beginning November 16. 2003. with all ~ub...qu.nt interest payments, to b&- due DO the snmo day of e.ch month after th8t. Unless D1;herwlse agreed Dr re\1l,1lrcd by tippllcoblo law, payment.9 wlll be applied first to .nw aoerued I,Inpoid interestl 'then to principal: then to ilmy unpald collection (losb; IIm:l then to any late charges. Intere$! on thi!jl Agreement is computlld on a 366/360 simple interest basIs; that Is,. by apprying thl! ratio of the antlual interest rat~ oVE!r \I YOllr oi 3GO tlays., mutttpl,ed by the outstanding principal bl!llam;:e, multiplied by we actual number Qf r;t~Y$ the principIII b1i\lanee is outstanding, Borrl;twer will pay Leotler at LQndQr"s address shown above Qr at such Dther plec9 as: Lendar rnlilY de.s.lgnato in writing_ VARIAB.LE INTEREST RATE, The intsre3t rato on this Agreement is eubject to changlB ftom time to time bae.er.l on changes in an independent index which is the New York Prime Rate of InterGBt_ The New York Prime Rate of interest shall mean the interest r~tQ per annum !'Innounced from time to time in varIous. bvslness Journ.ls. such 8S The Wall Street Journall at the "Prime Aate of Interest", The New York Prima Rate of Intmrel>t ia an ind€x. and loens of the Sank may b8 e.Citabli.3hed fit, abOVe or below tl18 Ir'lde:lt:. The New York Prime Rate! of Interest is not necessarily the Bank'8 lowest rete of interest, The intere~t rate shllll float I;It New Yorl<: Prime (the wlnda'X",. The Index Is not nElCf.!5!':ll:'rily thQ low"lIiIt rate charged by Lender on it5 IOllns, If the Index beCOm9!'i un"v"ilable during the term of thIs loan, Lender may design"'te 1'I ~ubstltLlle inde'll; after notice tQ 6orrower, Lender will tell SorrQwer thQ current InQ'ex rate upon ~orrower's request;_ Tl"le in'terest riltE! Change vvlllnot occur more often than el/loh day. SorrQwl1r undcrstilmds that LendQt may mi!l~p. loens bOIled 01") other ratQS illS well. Tho Indu currently 1$ 4.750% per IiInnum, ThE! interest rate to be applIed to the l.InPlIld principal blilJ.ncB of the Nc:.te will b6' at a rate of 1.000 peroentage point over the Index. 'resulting in an In'tial rate of 6.750% p@'r 8nnurn. NOTICE:~ Under no eireum!1tlilnces will the interest rate on the Note bo mora than the maxImum rete allowed by liIPp:licablQ law, PRIfPA YMENT. BorrOwer ""grees that aU 10Eln fees and other prepa.id fin:lnca char!;lp.:s ara eilrned fullv as of tha date of the loan ond wHI not be subject to refund upon nrly pllymlOlnt {whether 'Voluntary or 5IS a result of Qefauttl, m..:oept i31J otherwIse reqUired by law, E.XCfi!pt fer tile foregoing, 6orrowCl~ m~y pay wltnout penalty all or a portion of the amQl,.Inl owed earller than it is due, Early payments wlll not, unless llgread to by Lender in wri'ting, rellave Borrower of SQrrower's obligation to continue to msk;e paymentti. oi accrued unpaId interest. Rather, er;1r1y paymenls will reduce the principal balMO$ d\Je. 6orrowElt agrees not to sand Lender pByment~ marked "paid in 11.111". "without teaQun~e", or slmlla~ languagE:, 11 E!.orrower sends SUCll a payrnem, Lender may_aQcept it wl'rhoLrt to~ing any of Lender's righls undl!lt this Agreement", I'.lnd SOHOWe'r w\ll remain obllgat~d to p!'ly any further amount owed to Lender, All written communications concerning disputed amounts, including any check; or othBr payment inlJ1;T"ument that iOl;licetes that the Pl1lyrnent constitutes "payment in tull" of the amoun1 owed or that ie tendered with other conditions or limitations or a:!i full 6Ellisfactlon of a disptltcd amount rnL.lst b~ mailed or delivered 10; Integrity Bank, Cl;lmlJ Hill O'ffloe. 3345 Market Stre~t, C..mp Hill. PA 17011- LAn: CHARGE. If a payment is 10 days or more late, Borrower wlll be ohl3rged 5.000% of the regularly scheduled p~yment or $10.00, whichever is greater. INTEREST AFTER DEFAULT. Up1m default, inch.Jd,noa failure to pay upon final maturity. Lendsrl at its option, may, if permlnod undp.r "Dplicable Jaw, increSlse the vEtriable int1!lreet rate on thia Agreement to 16.000% par iIonl1um. The interest rate wilt not exceed the ml'lxlmum rate permitted by appliciilble law. If judgment Is entered in connection wi11l this A9reernent, interest will continue to 9ocruo on this Agreement aftP.r Judgment at the interest flit€! applicable to this Agreement at the time judgment is em~rQd. DEFAULT. Each of the following :shall conctitvte an Event of Default und~r this Agrgement: Payment Defotlult. BOrrQwer f:Jil:!i to make any payrnent when due under the Indebtedness, Othar D&f~ults;. Borrower fails to comply wrth or to perfOl'rTl (lny other term. obligation, aQvenent or conditIon conti;lilled in this Agreement or in any of the RelatGd DocL.lments Ot to comply with or to perform any term, obligation, covenant or condition contillned il1 any other agreement b~tween Ll!Inder !lnd BOr'rower. De1ault in Favor of Third Partl9c. Borrower defaults under any loEln. extension of credit, sacuri1;y agreement, pvrch"s€I or 8f,1llilS agreement. or any other 8greemBnt, in fa'Vor of I;lIny other creditor or persoll tnflt may materislly affl'3ct 8ny 0" 6orrowBr1Ei property or Borrowet'a ability to perform BorrOWGf'9 oblig8tlonc under this Agreement or any 01 the R&l~tlld Oocvments, Fal$O Statements. Any warranty, representation or stflternent made Of furnished to Lender by 6orrower or on l3orrower's behalf under this A~reement OT the. Aelated OOCLJment!l is false or mi!i\leBdlr'lQ in any meteri~1 respect, Bither now or I;It the time m8de or furni.shecl or bacome!;! fafse or misleading lilt any time therc..fter. OClIth or Incol'Y9ncy, The death of Borrower or the dissolvtion or termin~tion of Som;.wer's existE!ncf.l: ~s a going bvsiness, the Insolvency of Borrowsr. the :Jppointment of a receiver for Bny part of Borrower', property, any IilSflignment for the bSnefit of crsditofl'l, I;Iny type of oredltor workout, or the commencement of any proceeding under ~ny b<:Jnkruptcy or insolvency law8 by or ;"\g<linat l3orrowor. Crpl;lltor or Forfeitutlll' ProC'iJeding.$_ Commm'lO.I"f1Bnt of forecloaure or fOrfsfture proCElBding!il, whether by judicii'll prOCElsding, SQlf-help, rl;!poss98sion or any other method, by any creditor 01 Borrower Or' by 1;111'11 governmontal eg!l!ncy ogsinat flny eoIl8tE!r~1 Securing the Indebtednel;!.!;l. This inch.u:tes a garni~hmcnt of 8ny of Borrower's accounts I including deposit ,)ccounts, with Lender, How8'Jer, this Event of Def~ult sh811 not apply if there is a !ilood faith diBp~rte by Borrower liS to the validity Or reasonoblenns (If the claim which )8 the bll&ia af the creditor Or forfeiNre proce.dlng and if Borrowar gives Lender written no'tice of the Cr'C1djtor or forfeiture procElsding find deposits with Lender monies or a surety bond for the creditor Qr fo(/eiture pror::Mdlng, in ~n amount determined by Lendsr, in its :;ole discretion, 8~ being Loan No: 1500023085 CHANGE IN TERMS AGREEMENT (Continued) Page ;Z 12/05/2005 11:40 717-920-3511 INTEGRITY BANK PAGE 05/07 ~n adeqve:te rEl~ef\lill Of bond for the dispute. Events Affectrng Guarantor. Any of the prce18ding eVents OCCUf:& with respvot to any guarantor, ondorser, SUfoty, or 6CC0t'l1rnoOf.ltIOl"l party of C1ny of th~ Ind9btednDs~ or any guarantor. endorser, surety, or aCQommodation PClrt.y !;lies or bli!comcs incompetent, or revokes or disputES the validity of, or li9billty ullder. any GuarantY of the Indebtedness evidenced by this Note. In the QVant of fl death, Lendar. at its option, may. but tlhatl not be required to, pE!rmit the gl.larantor's estate to aSCUme unconditlon811y the obligntiona arising under the gWiilranty In ~ mllnner satiSfactory to Lender, and, in doing so, cure any Event of Ocfllult. AdversE!' Change, A nl'iilterl<ll ildverse chongEl occurs in l3orrowf.!r's flnanciel condition, or Lender bl!llie!ves the pro~pect of pBymcnt or pertormanca Of the Indebtedness is impaired. IrUlI:JCurlty. Lender in good faith bellove-s itself insecure. CUte PrQvi&ions, If any default, other tfl8n a default in payment is curable and If Borrower hu not b0Gn givl3n 8 notice (If a breach of the ~em~ provision of this Agreement within the precedIng "twelve [12] months, it may be cured if E1orrowp.r, after receiving written notice from lender demMding CUte of such default; 11) oures the defeUlt within ten [10} days: or l2J if the ~ure ~quirell more than ten (10) OClYS, immedietely initiatGs &teps which Lender deems in I.ender's sole dil;lcretlon to be su'fficient to cure the defa\,llt snd thereafter continues and completes all reMonablc and necessary stops :9ufficiQnt to produce complitlr1ce as SOQn as reasonllbly prar.tic!ll, LeNDER'S RIGHTS. Upon defeult, Lender may, aftar giving such notiol!la a!;l required by applioable law, decl~re tne entire unpaid prlnoipal blllance on this Agreement and all aOc::rulid unlJeid Interest immedlatQlv d~, and then Borrower will pay that amol.ln1. ATTORNEYS' ~EES; EXPENSr;s. Lender may hire Ot PilY someone else to help collect this 'Agreemont if Borrower does not pay. Borrower will pay LendElt th8t amQI.mt. ihis inch.Jdcs. aubject to IJny limit", under applicobla law, Landar's attorneys' fUs and Lendor's legEl! Qxpenses, whether or not there Is a lawsuit, including 8ttorn~vs' fel9:1l, exponslI$ for b.lnkruptcy ptoQeedlngs (inoludlng eHorts to modify or VClc:!te !;lny automatic stay or injunction). and appuls. If not prOhibited by applicable law, Borrower also will pey any ':'ourt costs, in addition to i11l other sums provided lJy law. JURY WAIVER. Lemfer and Borrower her.~~" ", ..,~",:. to any jury tri.d in ~ny action, proceeding. or counterclaim bro\.lght by either Lender Or Bonower again!Jt the other. (lnitlUiI Hcna ~~ GOVERNING lAW. This Agrl:ement will be gQllernld hy. conS1:t\led and enforced in accordance with feder81 law and the I<lWs of the CommClnweftlth of Penl1sylvBnla. ThllJ Agroemeot has bell!J1 i.'lccapted by Ll!Indp.r In th. Commonweelth of PlllInn$vtvania. CHOICE OF VENUe. If there is a lawsuit, Borrower 8grees upon Lender', request to submit to the Jurisdiction of the courts of Cumbf:Hland County, Commonwealth 01 PCMaylvanl<l. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $ 1 0.00 if BorrOwer makes ~ payment on 60rrower'5 loon ,rnd the check or preauthorized cl1srge: with which Borrower pDya is la1er dishonorQd. RIGHT OF SETOFF. 10 the Qxtent permitted by applicable law, Lend1!lt reserves a ri~ht of setoff in all Borrower's eeCOlJnts with Lender (whether checking, llSvings, or some other ~oco\Jntl. This inc\uda6 ;;II! eccount~ 60rrower holds jointly with someone else end all t1CCDun'a Sorrower mey open in the futute. However, this doli'S not inclvc;le any IRA or Keogh accounts, or. f1ny trvst accoun,.s for which setoff would be prohibited by law. Borl'Qwer authorizos lender, to the extant permitted by appliceble law, to cherge or setoff all Bums owing on thl!! Indabtedness ~gain:slt any and all such acoounts. COLLATERAL. Sorrower acknowledges this Agreemenl is sccured by Assi9nment of all employm.ent and non-competition 8greement_ LINE OF CFlEOIT. This Agreernent 9vldences a r~olving line of credit. Advances undQr this Agreement, as well as dirBction$ for payment from BorrowEltls accounts, may be feque:trted orally or in writing by Borrowsr or by an authorized person. Lander mav, bU't need not, re'4urre that all oral requGst$ be confirmed in writing. Borrower asretls to be liable for all sumA either: /A. advancQd in accordance with the instructions of 8n authorl2:ed persol'i or IB) credited to any of Borrower'a 'cooun~ with Lender. The unpaid princip8l1 b<!llanoe owing on this Agreement at any ,ime mijY bEl evidenced by endor$ements Cln this Agreement or bV Lender's int91n,el) records, including dllny computer print.out$, lender will have 110 obligation to advance funds undar this Agrlllement if: (AI Borrower or any guarantor is in det'ault undor thlil '~rms of thil;l AgrClemem or &ny a9reemsnt that BorrOWQr or any Ql.Jarantor has with lendar. including any agreement made in connection with the ai!jlnlng of this AgrselTlent; (8) Borrower or any Qunr'llntor CQl)ees doing bU!~ines~ Or la insolvent; (e) any QU.!lrantcr seeks, claims or otherwisfJ Bttarnpta to limit. modify or revokE! such guarantor's Ql.IllranteB of thIs Agreement or any other loan with Lend.t; (Df Borrower has applied fvnds provided pl.JrSuarlt to thilil Agreement for purpoSQS other than those OIuthorizGd bv L,endcr; or (E) Lender in good foith believes ttselr inae<::llre. CONTINUING VAL1DITY. Except as expressly eh~ngod by this Agreement, the terms Df thl!l original obligliltion or obligations, incllJding all tlgreements evidenced Qr securing the obligatlon(s), remain llnchanged and in full force and effect Consent by Lender to thIs Agreement does not waive Lender'a right to strict performance of thG obllgllitton(l!if ilS Ohil1'lged, nor obligate lender to make an'r' futL.Jre change in terms. Nothing In thiS' AgreemElnt will cons,itu1C:: a ~atlsfaction of the obligetion(sl. It is the intention of L.onder to retain as lIr3ble parties all makers and ltndQrSQrs of the original obligation(s), including llccommodetion pmties, unless"" PElrty is expressly relea3ed by lender in writIng. Any maker or snoorser, including accClm/TIodanon maker:!i, will not be rele"sed by virtue of this Agra~men1. 11 1:lny perRon who signed tha original obligation does no, sign this Agreement below, then nIl persons $igning below acknowledge th8t this Agreement is given oonditlon:!llly, basBd r,m the repreil~nt8tlon to Lender that the non-edgning PBrty COn~ents to the changes and prQvisions of tl118 Agreemont or Qtherwlse will not be rel/;!Rsed by it. Thill waiver :!ppll0S not oniy to any Initial extension, modifica1ion Or fl;!lfJose, but tllso to atl sueh Bub~oq"'lllInt filctiDns. SUCCgSSOR INTERESTS. The terma of this Agreement shall be binding upon Borrower, end upon 8orrower's heir!;!, personal representatives, suecessors, 6nd aSsigns, ;;'lnd shall be E!nforceable by Lender and ;t~ SUCCE!5l:10rS an~ a5~jgns. MISCEl.LANEOUS PROVISIONS. Lgnder moy delay or forqo,-~nf&n::jng any of i.ts rights or remedies undar this Agreement withQlJt losIng ,hem. Borrower and any other person who siQl1s, gUOlrantcl!l& or llndor$es this Agreement, to the extent allowed by law, waive presentment, df.'!mend for payment, and noticlIi! of dishonor. UpOYl ilny change in the terms of this Agrecrn",nt, Ilond unle$s otherwiB8 Okprss81y ljl~l'ItoCl in wrltlr'l9, no party .....ho sign:;; this Agr"ement, whether as maker, gU!;lrsYltot, eooommodatlon m~ker or endorser, ahall be rell;ll;lsed trom riablllty. All such partisa agrcI thtlt L"nder may ranew Or extend (repeatedly and fOr any leng'h of tima) thj~ loan Qr raleaae ~I1Y party or gU.tltBntor or collateral; or imp~lr, fail 10 re:!lize upon Qr perfect Lender's seouritY interest in th(l collataral; and take eny other eo1:ian deemod necessary by Lendar without the conSent of or notice to anyone. All sUGh parties also agree that lender mClY modify this loan without the COMent of or notice 10 anyone other than the party with whom tha modification is mildp-. The obligations under this Agreement are Joint ~rid 8AVf.!rllt. \1 anv portion of 1;hls Agreement Is 'for (Iny rQason determined to be unenforceable, it will not affect th@ p.nfOl'ceabillW of Oiny other provislon5 of this Agreement. CONFESSION OF JUDGMENT. BORROWER HE;F1EBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK Of: ANY COURT IN THe;: COMMONWEALTH OF PENNSYLVANIA, OR ~LSEWH~RE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UN!:, THIS AGA~EMENT AND WITH OR WITHOUT "'')MPLAINT FII.!;O, CQNF!:5S OR ENTE;R ~IUOGMENT AGAINST BORROWEI'l. FOR TH ,..JTlF=iE PRINCIPAL, 6ALANCE Or- THIS AGjqEEt... AND AI.L ACCRUED INTEREST, LATE CHARGF.S AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCeD BY LENDER R6LATIt\l1,j iO ANY CQLLATE;RAI. SECURING THE Loan No: 1500023085 HANGE IN TERMS AGREEMENT (Continued) Pogo :3 12/05/2005 11:40 717-920-3511 INTEGRITV BANK PAGE 07/07 INDEBTEDNeSS. TOG~IHEA WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10.%) OF THE UNPAID PRINCIpAL BALANCE AND ACCRUED INTEREST FOR COLLECirON, BUT IN ANY EVENT NOT LESS THAN F!VE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMM6D1A1ELY; AND FOR 50 DOING, THIS AOAl;eMENi OR A COPY OF THIS AGREEMENT VE;RlF1ED 8Y AFFIDAVIT SI-lALl B5 SUFF=ICI!;NT WARRANT. THE AUTHORITY GRANTED IN THIS ACREEMENT TO CONFESS JUOGMENT AGAINST SORROWER SHALL NOT BE EXHAUSHD SY 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 AGREEMENT, eORFlOWER HEFll;:;BY WAIVl;S ANY RIGHT 130RAOWEF\ MAY HAve TO NOT!CE OR TO A HF:ARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMoNT ANo STATES THAT "THER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CON,ESSION OF JUDGMENT PRDVIS'ON TO BORROWER'S ATTENTION OR BORROWER HAS 6EEN REPRESENTOO BY INDEPENDENT LECAL COUNSEL, PRIOR TO SIGNING THIS AGREEMENT. BORROWER READ ANO UNDERSTOOO ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING rHE VARIABLE INTEREST RATE PAOV1SIONS. BOhROWER AGReES TO THl; TERMS OF TI-lE AC;R~EMENT. THIS AGREEMENT IS GIVEN UNOER SEAL AND 11 IS INTENDED THAl' nus AGheEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. LENOER~ '~~ X Authori,.d Signor LA.'R ~~.....".. V...I.Ij,<<>.~ c.,.. ......... F"'OIo9I..~..,...., ,..., 1~~7. 200.. "" "101I>1" .~. .p~ E,II;lFlIlYL.ll):2(ll:c,rt 1'II.,.oii ....." '~i -;1 ( :7\0 (" ~ r' -::-1 'J- '--' , ,:-) ~,. * i~" -0 ~-; '\t C', ,Po ',- 0 '---.. \..J ----- '1 ~; _..j ---- :>:<.. Q -..' ~ S"'. C-' __n_.! ~, -<) c..<~ .ss.... 9--J Q Q ""- , ,;) INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA McNees Wallace & Nurick LLC Clayton W. Davidson Attorney LD. No. 79139 100 Pine Street P.O. Box 1166 Harrisburg, P A 17 I 08 (7 I 7) 232-8000 Attornevs for Plaintiff v. NO. 'J .,"C, ;;;;(p(" RICHARD L. CAMPBELL, Defendants CIVIL ACTION" LAW CERTIFICATE OF RESIDENCE We hereby certify that the last known address of the Defendant, Richard L. Campbell, is 10 Accent Circle, Camp HilI, Pennsylvania, 1701 I. McNEES WALLACE & NURICK LLC Date: December 6, 2005 By " " "',- C i.llt{ ~_. Clayton W. vidson, Esquire Attorney LD. No. 79139 100 Pine Street P. O. Box 1166 Harrisburg, PAl 71 08-1 166 (717) 232-8000 cdavidson{iV,mwn.com Attorneys for Integrity Bank (":':: (') -;-1 .i. Camp Hill, Pennsylvania, 17011. McNees Wallace & Nurick LLC Clayton W. Davidson Attorney I.D. No. 79139 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 232-8000 Attornevs for Plaintiff INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. () S-:. C, ;Xr(p RICHARD 1. CAMPBELL, Defendants CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST -KNOWN ADDRESSES OF RICHARD L. CAMPBELL COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Richard 1. Campbell, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, f/kla the Solider's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501 et seq. Mr. Ginanni is over eighteen (18) years of age and was last known residing at 10 Accent Circle SWORN and subscribed to before me this 5th day ~ec:mb~05. ~ .{L Notary Public My Commission Expires (SEAL) COMMONWEAlTH OF PENNSYlVANIA NOTARIAL SEAl LINDA H MilLER NOla,y Public CI1Y OF HARRISBURG. DAUPHIN COUNTY My Commission Expires May 9. 2009 .,) ',_~ t "'J '! ('L'J c C.-) ,i,!' ,.' '\:.,,;"';i;Y~:HVll~:i '\\) ~~~ '.r~:~'.,-'\i~\i- 'k~,J' _,,,,,,,, L ~ .' ,j-, ;(~, ' .. ~;" ;.--, . ....- _'f...._..~ \ I l ~ \ ".,...""",..,..."J