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HomeMy WebLinkAbout05-6349 SOVEREIGN BANK, successor to W A YPOINT BANK, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CONFESSION OF : MONEY JUDGMENT v. JOHN M. BRINJAC and PATRICIA L. BRINJAC, : No. DS - t.. 3l./f C!.~vLl~~ Defendants INSTRUCTIONS REGARDING THE PROCEDURE TO FOLLOW TO STRIKE THE JUDGMENT TO: John M. Brinjac and Patricia L. Brinjac Pursuant to 42 Pa. C.S.A. 92737.1, the following instructions regarding the procedure to follow to strike the judgment in this matter are hereby provided: I. The procedure to follow to strike a judgment by confession is set forth in Pa. R.C.P. 2959, which provides as follows: (a) (I) Relief from ajudgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956. 1 (c)(2) or Rule 2973.I(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy 11 .22.05/GJS/John and Patricia Brinjac guaranty confession complaint.DOC of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending." 2. Under 42 Pa. C.S.A. 92737.1, you are entitled to costs and reasonable attorney fees as determined by the court if you were incorrectly identified and had judgment entered against you. By: BARL"EE~Y - DER, LLC '" /)--r /~'l;:' ~ George J. Shoop, Esqulfe ~ 501 Washington Street P. O. Box 942 Reading, PA 19603-0942 610-898-7157 II.22.05/GJS/John and Patricia Brinjac guaranty confession complaint.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OFFICE OF THE PROTHONOTARY CARLISLE, P A TO: John M. Brinjac and Patricia L. Brinjac YOU ARE HEREBY NOTIFIED that Sovereign Bank, successor to Waypoint Bank, has caused a judgment by confession to be entered against you with the Prothonotary of Cumberland County. The judgment was entered o;;o~ r '- ~ ,2005, to No.l">~ with the Court of Common Pleas of Cumberland County. The judgment is in the amount of$360,953.21, plus interest at the per diem rate of $88.65447 from November 9, 2005, and costs of suit. PROTHONOTARY By: 4 f), . ~I;;' .. .7 11 ,22.0S/GJS/John and Patricia Brinjac guaranty confession complaint.DOC SOVEREIGN BANK, successor to W A YPOINT BANK, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CONFESSION OF : MONEY JUDGMENT v. JOHN M. BRINJAC and PATRICIA L. BRINJAC, : No. a$' - ('1,I.{? ClOiL ~~ Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is 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, as follows: Total $ 327,339.57 799.71 32,813.93 $ 360,953.21 Principal Balance Interest to and including 11/9/05 Legal fees (10%) plus interest at the per diem rate of $88.65447 from November 9, 2005, and costs of suit. BARL~E,R' LL~/ , By: 0 ~.~ /~~ .----- George J. Shoop, Esquire l Attorney LD. #25367 501 Washington Street P. O. Box 942 Reading, P A 19603 Telephone: 610/898-7157 Attorney for Defendants, John M. Brinjac and Patricia L. Brinjac 11.22.05/GJS/John and Patricia Brinjac guaranty confession complaint.DOC SOVEREIGN BANK, successor to W A YPOINT BANK, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CONFESSION OF : MONEY JUDGMENT : No. O~ - W'-I9 C;u'LL / Efi-y,\ v. JOHN M. BRINJAC and PATRICIA L. BRINJAC, Defendants COMPLAINT CONFESSION OF JUDGMENT I. The Plaintiff, Sovereign Bank, is a federal savings bank, having a place of business located at Rts 30 and 320, Aldwyn Two, Villanova, Pennsylvania 19085, and is the successor by merger to Waypoint Bank. 2. The Defendants, John M. Brinjac and Patricia L. Brinjac, are adult individuals and citizens of the Commonwealth of Pennsylvania, having a last known place ofresidence located at 67 South Terrace, Wormleysburg, Cumberland County, Pennsylvania 17043. 3. On July 30, 2004, for value received, in connection with a commercial, and not a consumer, transaction, Brinjac Engineering, Inc. ("Corporation") executed to the order of, and delivered to, the Plaintiff a certain promissory note ("Note"), pursuant to which the Corporation promised to pay the Plaintiff the principal amount of Three Hundred Seventy Nine Thousand Five Hundred and 00/100 Dollars ($379,500.00), plus interest thereon as therein provided. A true and correct copy of the Note is attached hereto, made a part hereof, and marked Exhibit "A". 4. As security for the payment and performance of the obligations of the Corporation under the Note, the Defendants executed and delivered to the Plaintiff a certain Commercial Guaranty ("Suretyship"), dated July 30, 2004, a true and correct copy of which is attached hereto, II.22.05/GJS/John and Patricia Brinjac guaranty confession complaint.DOC made a part hereof, and marked Exhibit "B". A true and correct copy of the Disclosure for Confession of Judgment executed by the Defendants on July 30, 2004 is attached hereto, made a part hereof, and marked Exhibit "C". 5. The Corporation and the Defendants defaulted under the Note and the Suretyship, in that the Corporation and the Defendants failed to pay the monthly payments thereunder that became due and owing from May, 2005 through August, 2005. 6. As a result of the Corporation's and the Defendants' defaults under the Note and the Suretyship, the Plaintiff accelerated the full balance of the Note and the Suretyship. 7. Judgment has not been entered on the warrant of attorney contained in the Suretyship in any jurisdiction. 8. The Suretyship has not been assigned, and the Plaintiff remains the holder thereof. 9. Judgment is not being entered by confession against a natural person in connection with a conswner credit transaction. 10. An itemization of the amount due and owing to the Plaintiff by the Defendants under the Suretyship, as of November 9, 2005, is as follows: Total $ 327,339.57 799.71 32,813.93 $ 360,953.21 Principal Balance Interest to and including 11/9/05 Legal fees (! 0%) Interest continues to accrue at the per diem rate of$88.65447 from November 9,2005. 11.22.0S/GJS/John and Patricia Brinjac guaranty confession complaint.DOC II. The warrant of attorney contained in the Suretyship provides for confession of judgment against the Defendants after a default for the entire principal balance under the Note, all accrued interest, late charges, together with all indebtedness provided for therein, with costs of suit, and an attorneys' commission often percent (10%) of the unpaid principal balance and accrued interest for collection, which totals Three Hundred Sixty Thousand Nine Hundred Fifty Three and 21/100 Dollars ($360,953.21), as itemized above. WHEREFORE, Sovereign Bank, successor to Waypoint Bank, Plaintiff, prays your Honorable Court to grant judgment in favor of the Plaintiff and against the Defendants, John M. Brinjac and Patricia L. Brinjac, in the sum of Three Hundred Sixty Thousand Nine Hundred Fifty Three and 21/100 Dollars ($360,953.21), plus interest at the per diem rate of$88.65447 from November 9, 2005, and costs of suit. By: DER, LLC 'e: '2>~ eof . Shoop, Esquire Attorney LD. #25367 501 Washington Street P. O. Box 942 Reading, P A 19603 Telephone: 610/898-7157 Telecopier: 610/376-5243 Attorney for Plaintiff, Sovereign Bank, successor to Waypoint Bank 11.22.05/GJS/John and Patricia Brinjac guaranty confession complaint DOC COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF The undersigned, Thomas J. Young, being duly sworn according to law, deposes and says that he is a Vice President of Sovereign Bank, Plaintiff herein; that he is authorized to execute this Affidavit on behalf of the Plaintiff; that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and that judgment is not being entered by confession against a natural person in connection with a consumer credit transaction, ..---, Sworn to and subscribed before me ~~€t. ,2005. ;l 7?pd 4- Notary Public 1/' My Commission Expires: /j/;;r~() ';] under the Complaint. COMMONWEALTH OF PENNSYLVANIA Notarial Seal He"n M. Malloy, Notary Public Marcus Hook Bore, Delaware County My Commission Expires Apr. 22, 2008 Member. Pennsylvania Association Of Notaries 12.6.05/GJS/David and Lynn Brinjac guaranty confession complaint o PROMISSORY NOTE 0 Borrower: Brlnlac Englneerlng, Inc. 114 North Second Street Harrisburg, PA 17101 Lender: Waypolnt Bank 235 North Second Street P.O. Box 1711 Harrlsburg, PA 17105 ~ Principal Amount: $379,500.00 Date of Note: July 30, 2004 PROMISE TO PAY. Brlnlac Engineering, Inc. ("Borrower") promises to pay to Waypolnt Bank ("Lender"), or order, In lawful money 01 the United States 01 America, the principal amount 01 Three Hundred Seventy-nlne Thousand Five Hundred & 00/100 Dollars ($379,500.00), together with Interest at the rate 01 7.750% per annum on the unpaid principal balance from July 3D, 2004, unlil paid In lull. PAYMENT. Borrower will pay this loan in 59 regular payments of $5,900.00 each and one Irregular lasl payment estimated at $135,707.81. Borrower's ftrst payment Is due September 1, 2004, and all subsequent payments are due on the same day 01 each month lifter that. Borrower's ftnal paymenl will be due on August 1, 2009, and will be lor all prlnclpal and all accrued Interest not yet paid. Payments Include prlnclpal and Interest. Unless otherwise agreed or required by applicable law, payments will be applied ftrstto any accrued unpaid Interest: then to principal: then to any unpaid collecllon COSIs; and then to any late charges. The annuallnteresl rate for this Note Is computed on a 3851360 basis: that Is, by applying the ratio 01 the annual Interest rate over a year 01 36D days, multiplied by the oulstandlng prlnclpal balance, multiplied by the actual number 01 days the prlnclpal balance Is oulstandlng. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In wrltlng. PREPAYMENT PENAlTY. Borrower agrees that sllloan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender Is entllled to the following prepayment penalty: Durlng the Fixed Rate term, Borrower may prepay the prlnclpal balance,ln whole or In part, upon not less than thirty (30) days' prior written notice to Lender of Borrower's Intention to make such prepayment, provided there Is paid, In addition to the Interest accrued to the date 01 any such prepayment, a prepayment penalty. The penalty will be calculated uslng the following factors: (a) The amount 01 prlnclpal that Is being prepaid before the expiration date 01 the ftxed rate period ("Fixed Rate Expiration"): (bl Change In Interest rates since the loan was made -I.e. the dlllerence In the cost 01 funds yield between the dale the loin was made (using orlglnal cost or funds yield based on original ftxed rate term) and the dste 01 prepayment (using current coat 01 funda yield based on the remaining ftxed rste term at the lime 01 prepayment): and (c) Time remalnlng unlllthe Fixed Rste Expiration - the lime, In Y'" and montha, between the date 01 the prepayment and the date the date 01 the Fixed Rate Expiration. lithe calculation 01 the prepayment penalty resulta In a negative amount, then no prepayment penalty will be assessed. Lender'a determination 01 the amount 01 any p_ment will be conclusive and binding absent manliest error. Except for the foregoing, Borrower may pay all or a portion 01 the amount owed earlier than II Is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar 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 satisfaction of a disputed amount must be mailed or delivered to: Waypoint Bank, 235 Norlh Second Street, P.O. Box 1711, Harrisburg, PA 17105. LATE CHARGE. "a payment is 15 days or more late, Borrower will be charged 5.DDD% or the regularly acheduled payment or $10.00, whichever la greater. INTEREST AFTER DEFAll.T. Upon default, including failure to pay upon linal maturily,lender, at its option, may, if permitted under applicable law, increase the interest rate on this Note 2.000 percentage points. The interest rate will not exceed the maximum rate permiUed by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for in this Note. DEFAll.T. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails 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 contained in any other agreement between Lender and Borrower. Default In Favor of Third Parties. 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 affect any of Borrower's 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 warranty, representation or statement made or furnished 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 false or misleading at any time thereafter. Insolvency. The dissolution Of termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver fOf any parl of Borrowe(s property, eny assignment fOf the banelit of cradltors, any Iype of cradltor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forlalture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrowe(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 cradltor or forlaltura proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Gu.antor. 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 guaranly of the indebtedness evidenced by this Note. In the event of a death, Lender, at Its option, mey, but shall not be required to, permilthe Guaranto(s estate to essume unconditionally the obligations arising under the guaranly in e manner satisfactory to Lender, and, in doing so, CUra eny Event of Delau". Change In Ownership. Any chenge In ownership of twenly-live percent (25%) or more of the common stock of Borrower. 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. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of lhe same ! ~ o PROMISSORY NOTE (Continued) o Loan. No: 8875006127 Page 3 , LENDER: WAYPOI~ X , Authorized Offlcer ' LASER PRO lending, ~.r. ~,21.10_002 Co~r_lt.dud fin,no..' Solulion., Inc. HI97, 2001. All RighI! R.oe.VI.. - PA l'ICfIILPl\D20.fC TR_~550 PR_21 QOMMERCIAL GUARANTY 0 Borrower: Brlnlac Engineering, Inc. 114 North Second Street Harrisburg, PA 17101 Lender: Waypoint Bank 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Guarantor: John M. Brlnjac Patricia L. Brinjac 67 South Terrace Wormleysburg, PA 17043 ~ AMOUNT OF GUARANTY. The amount 01 this Guaranty Is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, John M. Brlnlac and Patricia L Brlnlac ("Guarantor") absolutely and unconditionally guarantees and promises to pay, Jointly and severally, to Waypolnt Bank ("Lender") or Its order, In legal tender 01 the United States 01 America, the Indebtedness (as that term's denned below) 01 Brlnlac Engineering, Inc. ("Borrower") to Lender on the terms and conditions set forth In this Guaranty. Under this Guaranty, the liability 01 Guarantor Is unlimited and the obligations 01 Guarantor are continuing. . INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes any and all of Borrower's 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 trom transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. DURATION OF GUARANTY. This Guaranly will take effect when received by Lender without the necessily 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 anyone or more Guarantors shall not affect the IIabilily of any remaining Guarantors under this Guaranty. It Is anticipated that nucluallons may occur In the aggregate amount 01 Indebtedness covered by this Guaranty, and Guarantor speclncally acknowledges and agrees that reductions In the amount 01 Indebtedness, even 10 zero dollars ($0.00), prior to GUarantor's wrlllen revocatton 01 this Guaranty ahatl not conslltute a termination 01 this Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any 01 the guaranteed Indebtedness rematns unpaid and even though the Indebtednass guaranteed may from lime to lime be zero dollars ($0.00). " GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either belore 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 lorlh 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 aller, 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; (e) to take and hold securily 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 anyone 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 paymenls and credils 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 sele permitted by the terms of the controlling security agreement or deed of trust, as Lender in ils discretion may determine: (G) to sell, transfer, assign or grant parlicipations in all or any pari 01 the Indebtedness: and (H) to assign or transfer this Guaranly in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represenls and warranls to Lendar that (A) no rapresentations or agreemenls of any kind have been made to Guarantor which would limit or qualily In any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (e) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not connlct 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, seU, 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 financtal condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, Investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (I) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (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. 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 Borrowerj (B) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment re\ated to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, I o COMMERCIAL GUARANTVO (Continued) Pag~ 2 Loan No: 8875006127 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; (0) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or othelWise adversely affects Guarantors 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 Sorrower, of anv.:other guarantor, or of any other person, or by reason of the cessation of Borrowers liability from any cause whatsoever, other than payment in futl in regal tender, of the Indebtedness; (0) 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 periormance of the Indebtedness. If payment is made by Borrower, whether voluntarily or othelWise, 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 reUef 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 UNOERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's tull 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 poUcy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jolnUy 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 setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there ~ a defaun, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower 10 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 tt 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 Guanmtor 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 file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCB.LANEOUS PROVISIONS. The following miscellaneous provisions ara 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. Atlomeys' Feesj Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lenders 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 atso shall pay all court costs and such additional tees as may be directed by the court. Caption _Ings. 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 01 Pennsylvania. This Guaranty has been accepted by Lender In the Commonwealth 01 Pennsylvania. Choice 01 Venue. If there is a lawsuit, Guarantor agrees upon Lende~s request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsytvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has hed the opportunity to be advised by Guaranto~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 Lende~s attornays' tees) 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 construcUon so requirej and where there is more than one Borrower named in this ()uaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and anyone or more of them. The words "Guarantor," "Borrower," and ""ender" 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 thetthe 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 anyone 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, Loan No: 8875006127 o COMMERCIAL GUARANTY (Continued) o Page 3 . partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Nollces. 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 SJates mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. AU 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 10 be notice given to all Guarantors. No Welver 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 Le~der. Successors end 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 its successors and assigns. Waive Jury. Lender and Guarantor hereby waive Ihe rlght 10 any jury Irlalln any action, proceeding, or counlerclalm brought by either Lender or Borrower egelnsllhe other. TAX RETURNS AND FINANCIAL INFORMATION. Borrower will sub mil to Lender the guarantor's financial statemants and signed federal lax returns compiled by a cerllfied public accountant satisfactory to Lender no later than ninety (90) days after the end of each fiseel year. All financial reports required to be provided under this Agreement shall be prepared in accordance with generally accepted accounting principles, applied on a consistent basis and certified by Borrower as being true and correct. CURE PROVISIONS. If any defauit, other than a defauit in payment is curable and it the undersigned has not been given a notice of a breach of the same provision of this agreement or the Note within the preceding twelve (12) months, it may be cured (and no event of default will have occured) if the undersigned, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than 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 reasonalbe and necessary steps sufficient to produce compliance as soon as reasonably practical. GUARANTOR LIABILITY. The Indebtedness and liability under this Guaranty of the undersigned is and shall be Individual, joint, several, absolute, primary, and continuing, and may be enforced without the necessity of prior resort by Lender to any other rights, remedies, or securities under any related documents or otherwise. DISCLOSURE TO GUARANTOR FOR CONFESSION OF JUDGMENT. An exhibit, titled "DISCLOSURE FOR CONFESSION OF JUDGMENT," is attached to this Guaranty and by this reference is made a part of this Guaranty just as if all the provisions, terms and conditions of the Exhibit had been fully set forlh in this Guaranty. 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 tarms 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 Brinjac Engineering, Inc. and includes all co-signers and co-makers signing the Note. Gueranlor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation John M. Brinjac and Patricia L. Brlnjac. :' Guaranty. The word "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 't.ender" means Waypoint Bank, its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, morlgages, deeds of trust, security deeds, collateral morlgages, 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 AFfER 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 (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOUARS ($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 AUTHORIlY, 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 o COMMERCIAL GUARANTY () (Continued) Pag!! 4 Loan No: 8875006127 . EACH UNDERSIGNED GUARANTOR ACKNOWlEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JlA.Y 30, 2004. 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. GUARANTOR: Seal) Xp~Q~ ~ ~0 (Seal) - / LASE PRO lending. V... ~.24,10.002 Copr. H....nd Fi....nci&1 Solullon., Inc. 1"7, 200... All Righls !l...rv.d. - PA 1:\CFIILPLIE20.fC TR-5"O lOR_iT " DISCLOSl(Y FOR CONFESSION OF Jl(YMENT Borrower: Brlnlac Engineering, Inc. 114 North Second Street Harrisburg, PA 17101 Lender: Waypolnt Bank 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Guarantor: John M. Brtnlac Patrtcla L Brtnjac 67 South Terrace Wormleysburg, PA 17043 This DISCLOSURE FOR CONFESSION OF JUDGMENT Is attached to and by this reference Is made a part 01 the Commercial Guaranty, dated July 30, 2004, and executed In connection with a loan or other financial accommodations between WAYPOINT BANK and Brlnjac Engineering, Inc. ON THE DATE HEREOF, GUARANTOR IS EXECUTING A GUARANTY WHICH CONTAINS A CONFESSION OF JUDGMENT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST THE GUARANTOR IN COURT, AFTER THE AMOUNTS UNDER THIS GUARANTY BECOME DUE, WITHOUT -'DVANCE NOTICE TO THE GUARANTOR AND WITHOUT OFFERING THE GUARANTOR AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF THE GUARANTORS RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST THE GUARANTOR UNDER T GUARANTY, I, ON BEHALF OF THE GUARANTOR, AM KNOWINGLY, INTELLIGENTLY, AHD VOLUNTARILY WAIVING THESE RIGHTS, IN ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND EXPRESSLY AGREES AND CONSENtS TO LENOER E E JUDGMENT AGAINST THE GUARANTOR BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROV/SI INITIALS: B. I F HER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST THE GUARANTOR WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOLUl PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHER WISE SEIZING THE GUARANTORS PROPERTY, IN FUI.L OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO THE GUARANTOR UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE GUARANTY, BEING FUl.LY AWARE OF THE GUARANTORS RIGHTS TO ADVA NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I, ON BEHALF OF THE R. AM KNOWINGLY,INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND EXPRESSLY AGREES AND CONSENTS S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS: . AFTER HAVING READ AND DEfERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES,I REPRESENT THAT: INITIAL . WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. '2 A REPRESENTATIVE OF LENDER SPECIFICAllY CAllED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO ION. . I CERTIFY THAT THE GUARANTORS ANNUAL INCOME EXCEEDS $10,000.00; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. THIS DISCLOSURE FOR CONFESSION OF JUDGMENT IS EXECUTED ON JULY 30, 2004. GUARANTOR: ~A /1 ~, x~~N~' ,~, """""1i""""~" """"""""~"'" "" ..;.;-;.; ,','.-,'.',-, ,'"-",,,,"',"':'--,','-':-:':-,-,'-':' ,:-:"-.,'-:,:",-,-,,-,-.,-,-,-,-,.-.,-'.:.:. X.~~~~I:C."~~~;;';"t.'.t'.. .....,...'.'..,...'.......' ...t'......., ..,.,....'.,........'....,.......'.......t. (Seal) (Seal) LASER PRO Llndi~g, v.~. 5.24.10.002 Copr. Htrlandflllllnclll Sol~l;on., Inc. let', 2004. AIIRl1Ihtl R...rWd. _ PA 1:\Cf'lllPlIUO.fC TA-5550 PA_27 EXHlBrrc '. SOVEREIGN BANK, successor to W A YPOINT BANK, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - CONFESSION OF : MONEY JUDGMENT v. JOHN M. BRINJAC and PATRICIA L. BRINJAC, :No. CS - 1&.),49 (!,()'~CJ ~ Defendants CERTIFICATE OF ADDRESSES George 1. Shoop, Esquire, does hereby certify that the following are the names and addresses of the parties and/or attorneys of record: George 1. Shoop, Esquire Barley, Snyder, Senft & Cohen LLC 501 Washington Street P.O. Box 942 Reading, P A 19603 Attorney for Plaintiff John M. Brinjac Patricia L. Brinjac 67 South Terrace Wormleysburg, PA 17043 Defendants Dated: D-UfYlbrr q ,2005 By: Geor J. Snoop, EsqUIre Attorney J.D. #25367 501 Washington Street P. O. Box 942 Reading, P A 19603 Telephone: 610/898-7157 11.22.05/GJS/John and Patricia Brinjac guaranty confession complaint.DOC "'9. - r. ". ( ) ;.\ ., G A) (J ...0 ~\\-~ ~ ~ w -' L lf1 o ~~ ~J .. I , '.: ~-> .( . SOVEREIGN BANK, successor to W A YPOINT BANK, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - CONFESSION OF : MONEY JUDGMENT v. : No. 2005-6349 JOHN M. BRINJAC and PATRICIA L. BRINJAC, Defendants PRAECIPE Kindly mark the above-captioned matter settled, discontinued and ended, with costs paid and judgment satisfied. Date: Lf//%& , By:/. ~_~/4- George J. Shoop, Esquire Attorney ID. No. 25367 501 Washington Street P.O. Box 942 Reading, P A 19603 Attorneys for Plaintiff, Sovereign Bank, successor to Waypoint Bank 15828\1-1 ,I ...-:., SHERIFF'S RETURN - REGULAR \ CASE NO: 2005-06349 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS BRINJAC JOHN M ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon BRINJAC JOHN M the DEFENDANT , at 1545:00 HOURS, on the 7th day of March , 2006 at 67 SOUTH TERRACE WORMLEYSBURG, PA 17043 by handing to PATRICIA BRINJAC, ADULT IN CHARGE a true and attested copy of NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.20 .00 10.00 .00 41.20 .r"~-e&~,~ R. Thomas Kline me this Olo"t!.-- day of 03/08/2006 BARLEY SNYDER Bydj I '1- .A 11:)-' - ../' ~puty Sherin Sworn and Subscribed to before ~~D Ct ry .--- SHERIFF'S RETURN - REGULAR " CASE NO: 2005-06349 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS BRINJAC JOHN M ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon BRINJAC PATRICIA L the DEFENDANT , at 1545:00 HOURS, on the 7th day of March , 2006 at 67 SOUTH TERRACE WORMLEYSBURG, PA 17043 by handing to PATRICIA BRINJAC a true and attested copy of NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~ ~'~,';,'<< ~~'.__ /' ,,' ,. ,_",.,.u:, _, _q~ .( ....:~" """"""""'\"~'. ... -.- "'~-"- R. Thomas Kline 03/08/2006 BARLEY SNYDER me this .:u,~ day of Sworn and Subscribed to before By: ~ ~~D ~tho Y