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HomeMy WebLinkAbout06-2278WEBER GALLAGHER SIMPSON STAPLETON FIItES & NEWBY LLP Robert S. Blau, Esquire Attorney LD- No. 47071 2000 Market Street Philadelphia, PA 19103 (215)972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff; v. NO. Ulo - o? ~ ~ ~ ~ 1 U t 1,~~~ MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC.. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants CONFESSION OF JUDGMENT FOR MONEY PursuanC to the authority contained in the Confession of 7udgrnent clause set forth in the Promissory Note and in the Unconditional Guaranty agreement, true and correct copies of which are attached to the Complaint in Confession of Judgment filed in this action, I appear for the Defendants, MICHAEL A. BARRETT and BARRETT COMPANY, INC., and confess judgment in favor of the Plaintiff, Wachovia Batilc, N A„ and against Defendants, in the amount of $130,184..97 plus such other amounts and reasonable costs, including attorneys' fees, as authorized in the Promissory Note and the Unconditional Gua~atrue and c~r'rect copies of which are attached to the Complaint in Confession of Ju~igmek~i' SS this Robert S~lau; 1'sq. WEBER GALLAGHER SIIvIPSON STAPI.ETON FIRES & NEWBY 2000 Market Street, 1.3`h Floor Philadelphia, PA 19103 (215)972-7900 Attorneys for Plaintiff Wachovia Banlc, N.A. -2- WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Robert S. Blau, Esquire Attorney LD. No. 47071 2000 Market Street, 1.3'x' Floor Philadelphia, PA 19103 (215)972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, v. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants. NO. ~~o - ~~ ~~ ~n y,~ ~1t,~~~ -_' l COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, Wachovia Bank, N.A., by and tlnough its attorneys, for its complaint against MICHAEL, A. BARRETT ("Mr. Barrett") and BARRETT COMPANY, INC., ("Barrett Company") states as follows: Plaintiff, Wachovia Bank, N.A., ("Wachovia"), is a corporation existing under the laws of the Conunonwealth of Pennsylvania and has a place of business at 123 S. $road Street, Philadelphia, PA 19109.. Wachovia regularly conducts business in Cumberland County, Pemrsylvania. 3. Upon information and belief, Mc Barrett is an individual with a last known address of 706 Moores Mountain Road, Mechanicsburg, PA ] 7055. 4. Upon information and belief, Barrett Company is a corporation with its last known principal place of business at 1525 Cedar Cliff Drive, Camp Hill, Permsylvania. 17011, Venue is proper in this county pursuant to Pa, R.C.P. 1006 and 2179(a)(l) through (4). Defendant Mr. Barnett has consented to the,jurisdictimr of this Court pursuant to the paragraph captioned "Miscellaneous" on pages 4-5 of the Unconditional Guaranty (tine "Guaranty") executed as of December 10, 2003, by Mr. Barnett and delivered to Wachovia. Defendarrt Banett Company has consented to the,jurisdiction of this Court pursuant to the paragraph captioned "Miscellaneous Provisions" on pages 4-5 of the Promissory Note in the original principal amount of$1SQ000.00 executed as of December 10, 200.3, by Barrett Company and delivered to Wachovia (the "Note"). 8. On or about December 10, 200.3, Barrett Company executed and delivered the Note in the original principal amount of$150,000 to Wachovia. A true aad correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. 9. On or before February 27, 2006, Barrett Company was in default of the Note. 10. On or about February 27, 2006, Wachovia delivered written notice to Barrett Company of the default under the Note, and Wachovia accelerated payment of the indebtedness of the Note. A true and correct copy of the Notice of Default and Acceleration is attached hereto as Exhibit "B" and incorporated herein by reference. 11, Therefore, any obligation of Wachovia to forbear from exercising its rights and remedies under the Note has terminated. -2- 12. Despite demand, Barrett Company has failed to pay Wachovia the amounts due under the Note.. 13. Wachovia presently is the holder of the Note and Wachovia has not assigned it to any third party- 14- No judgment on the Note has been entered in any,jm indiction. 15. As a condition precedent to ]ending money to Barrett Company under the Note, Wachovia required Mr- Barrelt to execute and deliver his Guaranty to Wachovia. A true and conect copy of the Guaranty is attached hereto as Lxhibit "C". 16. On or about February 27, 2006, Mr. Barrett was in default of the Guaranty. 17. On or about Febn~ary 27, 2006, Wachovia delivered written notice to Mr'. Barrett of the default and accelerated payment of the indebtedness of under the Guaranty A tn~e and conect copy of said notice is attached hereto as Exhibit "D". 18. Despite demand, Mr. Banett has failed to pay Wachovia the amounts due under the Guaranty. 19. Wachovia is presently the holder of the Guaranty and Wachovia has not assigned it to any third party. 20. No,judgment on the Guaranty has been entered in anyjurisdiction. 21- .hidgrnent is not being entered by confession against natural persons in comrection with a consumer credit transaction. 22. As of March 30, 2006, the following sums were due and owing under the Note and the Guaranty: brdebtedness as of 3/30/2006 $118,649.11 hrterest Charges $ 4,395.93 Late Charges $ 940.65 3- Plus Attorneys' Fees and Costs $ 6,199.28 TOTAL AS OF 3/30/06 $130,184.97 23 Judgment is hereby demanded against Defendant, Mr. Barrett, as authorized by the Confession of.Judgment clause contained on pages 6-7 ofthe Guaranty. 24. .lodgment is hereby dernanded against Defendant Barrett Company, as authorized by the Confession of.ludgment clause contained on pages 3-4 of the Note. WHEREFORE, Wachovia demands judgment in its favor and against Defendants in the amount of $130,184.97 plus such other amounts and reason authorized in the Note and Guaranty. Dated: April_~, 2006 Attorneys for Plaintiff, Wachovia Bank, N.A. as -4- WEBER GAL,LAGHER SIMPSON STAPLETON FIl2ES & NEWBY LLP 2000 Market Street, 13°i Floor Philadelphia, PA 1910.3 (215)972-7900 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP RoUert S. Blau, Esquire Attorney LD. No. 47071 2000 Market Street, 13`x' Floor Philadelphia, PA 1910.3 (215) 972-7900 Attorneys for Wachovia Ba~ilc, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANI{, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff v. N0. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants CERTIFICATION OF ADDRESS I hereUy certify that a mai]ing address of Plaintiff Wachovia Bank, N.A. is 123 S. Broad Street, Philadelphia, Peimsylvania 19109 and that the last Imown address of Defendant MICHAEL A. BARRETT is 706 Moores Mountain Road, Mechanicsburg, Peimsylvania 17055, and that Che last lurown address of Defendant Drive, Camp Hill, Pem~sylvania 17011. Dated: April, 2006 ar Cliff STAPLETON FIRES & NEWBY I,LP 2000 Market Street, 1.3°i Floor Philadelphia, PA 19103 (215)972-7900 Attorneys for Plaintiff, Wachovia Banlc, N.A. 2- WEBER GAL.LAGHER SIMPSON WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Robert S. Blau, Esquire Attorney LD. No. 47071 2000 Market Street, 13`x' Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION~~LAW WACHOVIA BANI{, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff; v. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 1701 I Defendants NO. AFFIDAVIT OF COMMERCIAL TRANSACTION STATE OF NEW .JERSEY COUNTY OP UNION ss Peter Mottley, being duly sworn according to law, deposes and says that he is an officer of Wachovia Bank, N.A., the Plaintiff in this case; that he is authorized to take this Affidavit ar its behalf; and that the Unconditional Guaranty agreement pursuant to which judgment is confessed and of which a true and correct copy is attached to the foregoing 3- Complaint in Confession of Judgment, is a part of a commercial transaction, namely the guaranty of a Promissory Note for the business use of Bt1R12ETT COMPANY, INC., and was not for consumer or household purposes and judgment is not being entered against a natural person in com~ection with a residential ]ease, )n addition, the Promissory Note of BARIZETT COMPANY, INC., pursuant to which judgment is confessed and of which a true and correct copy is attached to the foregoing Complaint in Confession of Judgment, is part of a commercial transaction for the business of BARRETT COMPANY, INC., and was not for consumer or household purposes and }udgrnent is not being entered against a natural person in corutection with a residential lease. ~~~s~~,~' '~ Peter Mottley Swont to and su17s ibed befo e me this day of ril, 2006 otary Public L i'. i ~, . , ~.v i'C.r,ry P '~,.,_ Plety Jerssy r.,. ~y r -4- WEBER GAI.LAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Robert S. Blau, Esquire Attorney LD. No. 47071 2000 Market Street, 13°i Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Wachovia Batilc, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 12.3 S. Broad Street Philadelphia, PA 19109 Plaintiff; v. N0. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 1701 I Defendants PLAINTIFF'S AFFIDAVIT OF WAIVER OF DEBTORS' RIGHTS STATE OF NEW .JERSEY COUNTY OF UNION ss Peter Mottley, being duly sworn according to law, deposes and says that he is an officer of Wachovia Bank, N.A., the Plaintiff in this case; that he is authorized to take this Aff davit on its behalf; that at the time of the signing of the documents containing or incorporating the provisions for Judgment by Confession in this matter, the Defendants: Earned more than $10,000 annually; Z. Intentionally, understandingly, and voluntarily waived: (a) the right to notice of aoy bearing; (b) release of error; (c) stay of execution (if Defendants own property in fee simple within the cowtty worth the amount to which the Plaintiff is entitled, clear of encumbrances); (d) exemption of law; and (e) al] defenses to their liability under the Unconditional Guaranty and/or Promissory Note. The facts showing such waiver aze: The agreement set forth in the Promissory Note and in the Unconditional Guaranty Agreement pursuant to which,judgment is hereby confessed, and the Plaintiffs knowledge of the Defendants' financial condition at that time. Peter Mottley Sworn to and su>aBCribed re me this)~t"`day f A ri~00(. . Notary Public _ L,.,.~._, _ ~..., .~ I'1;iar~~ Publc °de?'v ~-r'~Y oi; G: _2_ WEBER C,ALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Robert S. Blau, Esquire Attorney LD. No. 47071 2000 Market Street, 1.3°i Floor Philadelphia, PA 1910.3 (21 S) 972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 12.3 S. Broad Street Philadelphia, PA 19109 Plaintiff, v. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 170SS and BARRETT COMPANY, INC. I S2S Cedar C]iffDrive Camp Hill, PA 17011 Defendants NO. AFFIDAVIT OFNON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF UNION: ss Peter Mottley, being duly sworn according to ]aw, deposes and says that he is an officer of Wachovia Bank, N.A., the Plaintiff br this case; that he is authorized to take this Affidavit on its behalf; and tha[ to the best of his knowledge, information and belief, Defendants are not in the military of the Unified States or any state or territory thereof, or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. Peter Mo ey Sworn to and s~~cribed before me thi~ day pril, 2006. Notary Public _._ i ... , ._o ~, -2- WEBER GALLAGHER SIMPSON STAPLETON FIlZES & NEWBY LLP Rohert S. Blau, Esquire Attorney I.D. No. 47071 2000 Market Street, 13°i Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A.. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, NO. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants AFFIDAVIT OFNON-RETAIL TRANSACTION STATE OF NEW JERSEY COUNTY OF UNION ss Peter Mottley, being duly sworn according to law, deposes and says that he is an officer of Wachovia Ba~ilc, N.A., the Plaintiff in this case; that he is authorized to take this Aff davit on its behalf and that thejudgrnent obtained by confession in this matter is not against a natural person in connection wiill a consutner credit transaction. eter Mottley Sworn t~ and I~ic ;ore me this Notary Public i , . „: _, F _ `:e~~ 2- WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWSY LL,P Robert S. Blau, Esquire Attorney LD. No. 47071 2000 Market Street, 13'x' Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Wachovia Banlc, N.A. IN THE COURT OF COMMON PLEAS OF CUbIIIERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff; v. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Canrp Hill, PA 17011 Defendants AFFIDAVIT STATE OF NEW ,JERSEY COUNTY OF UNION NO- ss Peter Mottley, being duly sworn according to law, deposes and says that he is an officer of Wachovia Banlc, N.A., the Plaintiff in this case; that he is authorized to take this Affidavit on its behalf; and that the facts set forth in the foregoing Complaint in Confession of Judt,~nent are true and correct to the best of his knowledge, information and belief. dl,~"l.? eter Mottley Sworn to and snb~bed be' ern:; this ~ day Apr' , ?006 Notary Public ~~,- j,.~,f,~ _,~ „z~,, ~, -z- WEBER GALLAGHER SIMPSON STAPLETON FIItES & NEWBY LLP Robert S. Blau, Esquire Attorney I.D. No. 47071 2000 Market Street, 13°i Floor Philadelphia, PA 19103 (215) 972-7900 Attonreys for Wachovia Barilc, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, v, MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hitl, PA 1701 I Defendants NO. AFFIDAVIT OF DEFAULT STATE OF NEW .IERSEY COUNTY OF UNION ss: Peter Mottley, being duly sworn according to law, deposes and says that he is an officer of Wachovia Bank, N.A., the Plaintiff in this case; that he is authorized to take this Affidavit on its behalf; and that Defendant BARRETT COMPANY, INC. is in default of its obligations under the Promissory Note for, among other things, its failure to pay Plaintiff the sums due and owing under tho Promissory Note in the amount of $I3Q 184,97 and that Defendant MICHAEL A. BARRETT is in default of his obligations under the Unconditional Guaranty agreement for, among other things, his failure to pay Plaintiff the sums due and owing wider the Promissory Note to Barrett Company, hre., in the amount of $13,184.97. A default has been declared, demand for payment has been made and Defendants have been notified of the amount due under the Promissory Note and Unconditional Guaranty. ~~ eter Mottley Sworn to and befot'e me this Notary Public 2- WEBER GALLAGHER SIMPSON STAPLETON FIItES &NEWBY LI,P Robert S. Blau, Esquire Attorney I.D. No. 47071 2000 Mai9cet Street Philadelphia, PA 19103 (215)972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, v. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1 S25 Cedar Cliff Drive Camp Hill, PA 17011 Defendants NO. ~~- oZarl~ C',~~L`~~,-1 ENTRY OF APPEARANCE TO THE CLERK OF COURT: Please enter my appearance on behalf of COMPANY, INC., Defendants in this case. Dated: April ~, 2006 BARRETT WEBER GALLAGHER SIMPSON STAPLETON F1RES &NEWBY 2000 Market Street, 13`x' Floor Philadelphia, PA 19103 (215) 972-7900 WEBER OALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Robert S. Blau, Esquire Attorney LD. No. 47071 2000 Market Street, 13°i Floor Philadelphia, PA 19103 (215)972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A.. 1.23 S. Broad Street Philadelphia, PA 19109 Plaintiff, MICHAEL, A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants No. OG - aa7~ ~IUr ~~~t_ ENTRY OF JUDGMENT AND NOW, this ~~'~day of ~,_, 2006, pursuant to the attached Confession of.Judgtnent for Money,,judgment is hereby entered in favor of Plaintiff and against Defendants, MICHAEL A. BARRETT and BARRETT COMPANY, INC., in the amount of$130,184.97, plus such other amounts and reasonable costs, including attorneys' fees, as authorized in the Promissory Note (a true and conect copy of which is attached to the Complaint in Confession of Judgment in this matter) and in the Unconditional Guaranty (a true and correct copy of which is attached to the Complaint in Confessi q of Judgment it pis matter). ~+~~ ~~y WEBER GALLAGHER SIMPSON STAPLETON FII2ES & NEWBY LLP Robert S. Blau, Esquire Attorney LD. No. 47071 2000 Market Sheet, 13°i Floor Philadelphia, PA 19103 (21S) 972-7900 Attorneys for Wachovia Banlc, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, v. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants NO, MOTION FOR ASSESSMENT OF DAMAGES To the Clerk of Court: Kindly assess damages against Defendants MICHAEL A. BARRETT and BARRETT COMPANY, INC., in the amount of $130,184.97 plus such other reasonable costs, including attorneys' fees, as authorized in the Promissory Note and Unconditional Guaranty attached to and fiuther described in the Complaint in Confession of judgment and detailed as follows: hrdebtedness as of 3/.30/2006 $118.649.11 hiterest Charges $ 4,.395.93 Late Charges $ 940.65 Ptus Attorneys' Pees and Costs $ 6,199.28 TOTAL AS OF.3/30/06 $130,184.97 Plus such other reasonable costs, including attorneys' fees, as authorized in the Note and Unconditional Guaranty attached to and further Judgment. Dated: APril ~~, 2006. WEBER GAL,LAGER SIMPSON STAPLERON FIIZE & NEWBY LLP 2000 Mazket Street, 1.3°i Floor Philadelphia, PA 19103 (215)972-7900 Attomeys for Plaintiff Wachovia Barilc, N.A . -2- WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWSY L,LP Robert S, Blau, Esquire Attorney I-D. No. 47071 2000 Market Street, 13~~' Floor Philadelphia, PA 19103 (215)972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A- 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, vs MICHAEL A. BARRL^ TT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants Notice Under Rule 2958.1 of.fudgment and Execution Thereon Notice of Defendants' Rights To: MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 A judgment in the amount of $130,184.97 plus Bach other reasonable costs, including attorneys fees, as authorized in the Promissory Note and in the Unconditional Guaranty has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of,judgrnent contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the,judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE .JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (.30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral and Information Service Cumberland County B. 32 S. Bedford Carlisle, PA 1 (717) 249-3 Dated: April ~(, 2006 Attorneys for Plaintiff Wachovia Bank, N.A. -2- STAPLETON FIRES & NEWBY LLP 2000 Market Street, 13°i Floor Philadelphia, PA 19103 (215)972-7900 PROMISSORY NOTE $150,000.00 December 10, 2003 Barrett Company, Inc. 1525 Cedar Cliff Drive Camp Hill, Pennsylvania 17011 (Individually and collectively "Borrower") Wachovia Bank, National Association 123 South Broad Street Philadelphia, Pennsylvania 19109 (Hereinafter referred to as "Bank") Borrower promises to pay to the order of Bank, in lawful money of the United States of America, at its office indicated above or wherever else Bank may specify, the sum of One Hundred Fifty Thousand and No/100 Dollars ($150,000.00) or such sum as may be advanced and outstanding from time to time, with interest on the unpaid principal balance at the rate and on the terms provided in this Promissory Note (including all renewals, extensions or modifications hereof, this "Note"). LINE OF CREDIT. Borrower may borrow, repay and reborrow, and, upon the request of Borrower, Bank shall advance and readvance under this Note from time to time until the maturity hereof (each an "Advance" and together the "Advances"), so long as the total principal balance outstanding under this Note at any one time does not exceed the principal amount stated on the face of this Note, subject to the limitations described in any loan agreement to which this Note is subject. Bank's obligation to make Advances under this Note shall terminate if a demand for payment is made under this Note or if a Default (as defined in the other Loan Documents) under any Loan Document occurs or in any event, on the first anniversary hereof unless renewed or extended by Bank in writing upon such terms then satisfactory to Bank. As of the date of each proposed Advance, Borrower shall be deemed to represent that each representation made in the Loan Documents is true as of such date. 30-Day Payout. During the term of the Note, Borrower agrees to pay down the outstanding balance to a maximum of $100.00 for 30 consecutive days annually. If Borrower subscribes to Bank's cash management services and such services are applicable to this line of credit, the terms of such service shall control the manner in which funds are transferred between the applicable demand deposit account and the line of credit for credit or debit to the line of credit. USE OF PROCEEDS. Borrower shall use the proceeds of the loan(s) evidenced by this Note for the commercial purposes of Borrower, as follows: for working capital. SECURITY. Borrower has granted Bank a security interest in the collateral described in the Loan Documents, including, but not limited to, personal property collateral described in that certain Security Agreement of even date herewith. INTEREST RATE. Interest shall accrue on the unpaid principal balance of this Note from the date hereof at the Bank's Prime Rate plus 1.0%, as that rate may change from time to time in accordance with changes in the Bank's Prime Rate ("Interest Rate"). "Bank's Prime Rate" means that rate announced by Bank from time to time as its prime rate and is one of several interest rate bases used by Bank. Bank lends at rates both above and below Bank's Prime Rate, and Borrower acknowledges that Bank's Prime Rate is not represented or intended to be the lowest or most favorable rate of interest offered by Bank. DEFAULT RATE. In addition to all other rights contained in this Note, if a default in the payment of Obligations occurs, all outstanding Obligations, other than Obligations under any swap agreements (as 535080 (Rev 1 B 0) I CNOTE defined in 11 U.S.C. § 101) between Borrower and Bank or its affiliates, shall bear interest at the Interest Rate plus 3% ("Default Rate"). The Default Rate shall also apply from demand until the Obligations or any judgment thereon is paid in full. INTEREST AND FEE(S) COMPUTATION (ACTUALI360). Interest and fees, if any, shall be computed on the basis of a 360-day year for the actual number of days in the applicable period ("Actual/360 Computation"). The Actual/360 Computation determines the annual effective interest yield by taking the stated (nominal) rate for a year's period and then dividing said rate by 360 to determine the daily periodic rate to be applied for each day in the applicable period. Application of the Actual/360 Computation produces an annualized effective rate exceeding the nominal rate. REPAYMENT TERMS. This Note shall be due and payable in consecutive monthly payments of accrued interest only, commencing on January 10, 2004, and continuing on the same day of each month thereafter until fully paid. In any event, this Note shall be due and payable in full, including all principal and accrued interest, on demand. AUTOMATIC DEBIT OF CHECKING ACCOUNT FOR LOAN PAYMENT. Borrower authorizes Bank to debit demand deposit account number 2000013096083 or any other account with Bank (routing number 031000503) designated in writing by Borrower, beginning January 10, 2004 for any payments due under this Note. Borrower further certifies that Borrower holds legitimate ownership of this account and preauthorizes this periodic debit as part of its right under said ownership. APPLICATION OF PAYMENTS. Monies received by Bank from any source for application toward payment of the Obligations shall be applied to accrued interest and then to principal. Upon the occurrence of a default in the payment of the Obligations or a Default (as defined in the other Loan Documents) under any other Loan Document, monies may be applied to the Obligations in any manner or order deemed appropriate by Bank. If any payment received by Bank under this Note or other Loan Documents is rescinded, avoided or for any reason returned by Bank because of any adverse claim or threatened action, the returned payment shall remain payable as an obligation of all persons liable under this Note or other Loan Documents as though such payment had not been made. DEFINITIONS. Loan Documents. The term "Loan Documents", as used in this Note and the other Loan Documents, refers to all documents executed in connection with or related to the loan evidenced by this Note and any prior notes which evidence all or any portion of the loan evidenced by this Note, and any letters of credit issued pursuant to any loan agreement to which this Note is subject, any applications for such letters of credit and any other documents executed in connection therewith or related thereto, and may include, without limitation, a commitment letter that survives closing, a loan agreement, this Note, guaranty agreements, security agreements, security instruments, financing statements, mortgage instruments, any renewals or modifications, whenever any of the foregoing are executed, but does not include swap agreements (as defined in 11 U.S.C. § 101). Obligations. The term "Obligations", as used in this Note and the other Loan Documents, refers to any and all indebtedness and other obligations under this Note, all other obligations under any other Loan Document(s), and all obligations under any swap agreements (as defined in 11 U.S.C. § 101) between Borrower and Bank, or its affiliates, whenever executed. Certain Other Terms. All terms that are used but not otherwise defined in any of the Loan Documents shall have the definitions provided in the Uniform Commercial Code. LATE CHARGE. If any payments are not timely made, Borrower shall also pay to Bank a late charge equal to 5% of each payment past due for 10 or more days. Acceptance by Bank of any late payment without an accompanying late charge shall not be deemed a waiver of Bank's right to collect such late charge or to collect a late charge for any subsequent late payment received. 535oao (Rev ie.o~ Page 2 Note.ax ATTORNEYS' FEES AND OTHER COLLECTION COSTS. Borrower shall pay all of Bank's reasonable expenses incurred to enforce or collect any of the Obligations including, without limitation, reasonable arbitration, paralegals', attorneys' and experts' fees and expenses, whether incurred without the commencement of a suit, in any trial, arbitration, or administrative proceeding, or in any appellate or bankruptcy proceeding. USURY. If at any time the effective interest rate under this Note would, but for this paragraph, exceed the maximum lawful rate, the effective interest rate under this Note shall be the maximum lawful rate, and any amount received by Bank in excess of such rate shall be applied to principal and then to fees and expenses, or, if no such amounts are owing, returned to Borrower. DEMAND NOTE. This is a demand Note and all Obligations hereunder shall become immediately due and payable upon demand. In addition, the Obligations hereunder shall automatically become immediately due and payable if Borrower or any guarantor or endorser of this Note commences or has commenced against it a bankruptcy or insolvency proceeding. REMEDIES. Upon the occurrence of a default in the payment of the Obligations or a Default (as defined in the other Loan Documents) under any other Loan Document, Bank may at any time thereafter, take the following actions: Bank Lien. Foreclose its security interest or lien against Borrower's accounts without notice. Cumulative. Exercise any rights and remedies as provided under the Note and the other Loan Documents, or as provided by law or equity. FINANCIAL AND OTHER INFORMATION. Borrower shall deliver to Bank such information as Bank may reasonably request from time to time, including without limitation, financial statements and information pertaining to Borrower's financial condition. Such information shall be true, complete, and accurate. CONFESSION OF JUDGMENT. THE FOLLOWING PARAGRAPH SETS FORTH A POWER OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST BORROWER, THE BORROWER, FOLLOWING CONSULTATION WITH (OR DECISION NOT TO CONSULT) SEPARATE COUNSEL FOR BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY, INTELLIGENTLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE BORROWER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE INCLUDING, WITHOUT LIMITATION, A HEARING PRIOR TO GARNISHMENT AND ATTACHMENT OF THE BORROWER'S BANK ACCOUNT AND OTHER ASSETS. BORROWER ACKNOWLEDGES AND UNDERSTANDS THAT BY ENTERING INTO THIS NOTE CONTAINING A CONFESSION OF JUDGMENT CLAUSE THAT BORROWER IS VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY GIVING UP ANY AND ALL RIGHTS, INCLUDING CONSTITUTIONAL RIGHTS, THAT BORROWER HAS OR MAY HAVE TO NOTICE AND A HEARING BEFORE JUDGMENT CAN BE ENTERED AGAINST BORROWER AND BEFORE THE BORROWER'S ASSETS, INCLUDING, WITHOUT LIMITATION, ITS BANK ACCOUNTS, MAY BE GARNISHED, LEVIED, EXECUTED UPON ANDIOR ATTACHED. BORROWER UNDERSTANDS THAT ANY SUCH GARNISHMENT, LEVY, EXECUTION AND/OR ATTACHMENT SHALL RENDER THE PROPERTY GARNISHED, LEVIED, EXECUTED UPON OR ATTACHED IMMEDIATELY UNAVAILABLE TO BORROWER. IT IS SPECIFICALLY ACKNOWLEDGED BY BORROWER THAT THE BANK HAS RELIED ON THIS WARRANT OF ATTORNEY AND THE RIGHTS WAIVED BY BORROWER HEREIN IN RECEIVING THIS NOTE AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATIONS TO THE BORROWER. Upon the occurrence of a default fn the payment of the Obligations due under this Note or a Default (as defined in the other Loan Documents) under any other loan Document, each Borrower hereby jointly and severally authorizes and empowers any attorney of any court of record or the prothonotary or clerk of any county in the Commonwealth of Pennsylvania, or in any jurisdiction where permitted by law or the clerk of any United States District Court, to appear for Borrower in any and all actions which may be brought hereunder and enter and confess judgment against the Borrower or any of them in favor of the Bank for 535080 (Rev 18.0) Page 3 Note.tloc such sums as are due or may become due hereunder or under any other Loan Documents, together with costs of suit and actual collection costs including, without limitation, reasonable attorneys' fees equal to 5% of the Obligations then due and owing but in no event less than $5,000.00, with or without declaration, without prior notice, without stay of execution and with release of all procedural errors and the right to issue executions forthwith. To the extent permitted by law, Borrower waives the right of inquisition on any real estate levied on, voluntarily condemns the same, authorizes the prothonotary or clerk to enter upon the writ of execution this voluntary condemnation and agrees that such real estate may be sold on a writ of execution; and also waives any relief from any appraisement, stay or exemption law of any state now in force or hereafter enacted. Borrower further waives the right to any notice and hearing prior to the execution, levy, attachment or other type of enforcement of any judgment obtained hereunder, including, without limitation, the right to be notified and heard prior to the garnishment, levy, execution upon and attachment of Borrower's bank accounts and other property. If a copy of this Note verified by affidavit of any officer of the Bank shall have been filed in such action, it shall not be necessary to file the original thereof as a warrant of attorney, any practice or usage to the contrary notwithstanding. The authority herein granted to confess judgment shall not be exhausted by any single exercise thereof, but shall continue and may be exercised from time to time as often as the Bank shall find it necessary and desirable and at all times until full payment of all amounts due hereunder and under any other Loan Documents. The Bank may confess one or more judgments in the same or different jurisdictions for all or any part of the Obligations arising hereunder or under any other Loan Documents to which Borrower is a party, without regard to whether judgment has theretofore been confessed on more than one occasion for the same Obligations. In the event that any judgment confessed against the Borrower is stricken or opened upon application by or on behalf of Borrower or any obligor for any reason, the Bank is hereby authorized and empowered to again appear for and confess judgment against Borrower for any part or all of the Obligations owing under this Note and/or for any other liabilities, as herein provided. WAIVERS AND AMENDMENTS. No waivers, amendments or modifications of this Note and other Loan Documents shall be valid unless in writing and signed by an officer of Bank. No waiver by Bank of any Default (as defined in the other Loan Documents) shall operate as a waiver of any other Default or the same Default on a future occasion. Neither the failure nor any delay on the part of Bank in exercising any right, power, or remedy under this Note and other Loan Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except to the extent otherwise provided by the Loan Documents or prohibited by law, each Borrower and each other person liable under this Note waives presentment, protest, notice of dishonor, notice of intention to accelerate maturity, notice of acceleration of maturity, notice of sale and all other notices of any kind. Further, each agrees that Bank may (i) extend, modify or renew this Note or make a novation of the loan evidenced by this Note, and/or (ii) grant releases, compromises or indulgences with respect to any collateral securing this Note, or with respect to any Borrower or other person liable under this Note or any other Loan Documents, all without notice to or consent of each Borrower and other such person, and without affecting the liability of each Borrower and other such person; provided, Bank may not extend, modify or renew this Note or make a novation of the loan evidenced by this Note without the consent of the Borrower, or if there is more than one Borrower, without the consent of at least one Borrower; and further provided, if there is more than one Borrower, Bank may not enter into a modification of this Note which increases the burdens of a Borrower without the consent of that Borrower. MISCELLANEOUS PROVISIONS. Assignment. This Note and the other Loan Documents shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, successors and assigns. Bank's interests in and rights under this Note and the other Loan Documents are freely assignable, in whole or in part, by Bank. In addition, nothing in this Note or any of the other Loan Documents shall prohibit Bank from pledging or assigning this Note or any of the other Loan Documents or any interest therein to any Federal Reserve Bank. Borrower shall not assign its rights and interest hereunder without the prior written consent of Bank, and any attempt by Borrower to assign without Bank's prior written consent is null and void. Any assignment shall not release Borrower from the Obligations. Organization; Powers. Borrower represents that Borrower (i) is (a) an adult individual and 535080 (Rev 18 0) Page 4 Note.tloc is sui iuris, or (b) a corporation, general partnership, limited partnership, limited liability company or other legal entity, duly organized, validly existing and in good standing under the taws of its state of organization, and is authorized to do business in each other jurisdiction wherein its ownership of property or conduct of business legally requires such organization (ii) has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated; and (iii) has the power and authority to execute, deliver and perform, and by all necessary action has authorized the execution, delivery and performance of, all of its obligations under this Note and any other Loan Document to which it is a party. Applicable Law; Conflict Between Documents. This Note and, unless otherwise provided in any other Loan Document, the other Loan Documents shall be governed by and construed under the laws of the state named in Bank's address on the first page hereof without regard to that state's conflict of laws principles. If the terms of this Note should conflict with the terms of any loan agreement or any commitment letter that survives closing, the terms of this Note shall control. Borrower's Accounts. Except as prohibited by law, Borrower grants Bank a security interest in all of Borrower's accounts with Bank and any of its affiliates. Swap Agreements. All swap agreements (as defined in 11 U.S.C. § 101), if any, between Borrower and Bank or its affiliates are independent agreements governed by the written provisions of said swap agreements, which will remain in full force and effect, unaffected by any repayment, prepayment, acceleration, reduction, increase or change in the terms of this Note, except as otherwise expressly provided in said written swap agreements, and any payoff statement from Bank relating to this Note shall not apply to said swap agreements unless expressly referred to in such payoff statement. Jurisdiction. Borrower irrevocably agrees to non- exclusive personal jurisdiction in the state named in Bank's address on the first page hereof. Severability. If any provision of this Note or of the other Loan Documents shall be prohibited or invalid under applicable law, such provision shall be ineffective but only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note or other such document. Notices. Any notices to Borrower shall be sufficiently given, if in writing and mailed or delivered to the Borrower's address shown above or such other address as provided hereunder, and to Bank, if in writing and mailed or delivered to Wachovia Bank, National Association, Mail Code VA7391, P. O. Box 13327, Roanoke, VA 24040 or Wachovia Bank, National Association, Mail Code VA7391, 10 South Jefferson Street, Roanoke, VA 24011 or such other address as Bank may specify in writing from time to time. Notices to Bank must include the mail code. In the event that Borrower changes Borrower's address at any time prior to the date the Obligations are paid in full, Borrower agrees to promptly give written notice of said change of address by registered or certified mail, return receipt requested, all charges prepaid. Plural; Captions. All references in the Loan Documents to Borrower, guarantor, person, document or other nouns of reference mean both the singular and plural form, as the case may be, and the term "person" shall mean any individual, person or entity. The captions contained in the Loan Documents are inserted for convenience only and shall not affect the meaning or interpretation of the Loan Documents. Advances. Bank may, in its sole discretion, make other advances which shall be deemed to be advances under this Nate, even though the stated principal amount of this Note may be exceeded as a result thereof. Posting of Payments. All payments received during normal banking hours after 2:00 p.m. local time at the office of Bank first shown above shall be deemed received at the opening of the next banking day. Joint and Several Obligations. If there is more than one Borrower, each is jointly and severally obligated. Fees and Taxes. Borrower shall promptly pay all documentary, intangible recordation andlor similar taxes on this transaction whether assessed at closing or arising from time to time. LIMITATION ON LIABILITY; WAIVER OF PUNITIVE DAMAGES. EACH OF THE PARTIES HERETO, INCLUDING BANK BY ACCEPTANCE HEREOF, AGREES THAT IN ANY JUDICIAL, MEDIATION OR ARBITRATION PROCEEDING OR ANY CLAIM OR CONTROVERSY BETWEEN OR AMONG THEM THAT MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE LOAN DOCUMENTS OR ANY OTHER AGREEMENT OR DOCUMENT BETWEEN OR AMONG THEM OR THE OBLIGATIONS EVIDENCED HEREBY OR RELATED HERETO, IN NO EVENT SHALL ANY PARTY HAVE A REMEDY OF, OR BE LIABLE TO THE OTHER FOR, (1) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (2) PUNITIVE OR EXEMPLARY DAMAGES. EACH OF THE PARTIES HEREBY EXPRESSLY WAIVES ANY RIGHT OR CLAIM TO PUNITIVE OR EXEMPLARY DAMAGES THEY MAY HAVE OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH ANY SUCH PROCEEDING, CLAIM OR CONTROVERSY, WHETHER THE SAME IS RESOLVED BY ARBITRATION, MEDIATION, JUDICIALLY OR OTHERWISE. Patriot Act Notice. To help fight the funding of terrorism and money laundering activities, Federal law requires all financial 535080 (ftav te.0) Page 5 No~em~ institutions to obtain, verify, and record information that identifies each person who opens an account. For purposes of this section, account shall be understood to include loan accounts. WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF BORROWER BY EXECUTION HEREOF AND BANK BY ACCEPTANCE HEREOF, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS .NOTE, THE LOAN DOCUMENTS OR ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONNECTION WITH THIS NOTE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY WITH RESPECT HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT TO BANK TO ACCEPT THIS NOTE. EACH OF THE PARTIES AGREES THAT THE TERMS HEREOF SHALL SUPERSEDE AND REPLACE ANY PRIOR AGREEMENT RELATED TO ARBITRATION OF DISPUTES BETWEEN THE PARTIES CONTAINED IN ANY LOAN DOCUMENT OR ANY OTHER DOCUMENT OR AGREEMENT HERETOFORE EXECUTED IN CONNECTION WITH, RELATED TO OR BEING REPLACED, SUPPLEMENTED, EXTENDED OR MODIFIED BY, THIS NOTE. IN WITNESS WHEREOF, Borrower, on the day and year first above written, has caused this Note to be executed under seal. PLACE OF EXECUTION AND DELIVERY. Borrower hereby certifies that this Note and the Loan Documents were executed in the Commonwealth of Pennsylvania and delivered to Bank in the Commonwealth of Pennsylvania. Barrett Company, Inc. By: I " \ ~ ~° ~ (SEAL) Michael A. Barrett, President Tracking #: 183234627 CAT -Deal # A Facility ID 00001 535080 (Rav 18.0) Page 6 Note.aoc WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP February 27, 2006 Via Certified Mail and Regular Mail Barrett Company, Inc. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Attn: Michael A. Barrett, President RE: Loans from Wachovia Bank, N.A. Our File Number: 0032063 Dear Mr. Barrett; Direct Dial: (215) 972-7920 Email: rblau@wglaw.com We represent Wachovia Bank, N.A. (the "Bank") with regazd to its loans and/or credit facilities (collectively, the "Loans") to Barrett Company, Inc. ("Barrett Company"). In connection with the Loans, and without limitation, the following documents were executed and delivered to the Bank: i. A Promissory Note dated December 10, 2003, in the original principal amount of $150,000.00, payable by Barrett Company to the Bank (the "Note"); ii. A Security Agreement dated December 10, 2003, granted by Barrett Company to the Bank (the "Security Agreement"); iii. An Unconditional Guazanty granted to the Bank by Michael A. Barrett dated December 10, 2003 (the "Guazanty"); and iv. Various other instruments, agreements, certificates, and documents executed and/or delivered in connection with the Loans, all of which, together with the Note, the Security Agreement and the Guaranty aze collectively hereinafter called the "Loan Documents." All terms not expressly defined in this letter shall have the meaning set forth in the Loan Documents. Please be advised that the Loans aze in default as a result of, without limitation, the failure of timely payment or performance under the Note. As a consequence, the Bank hereby declares all amounts due under the Note and all other Loan Documents to be immediately due and payable and demands immediate payment thereof. The amount due and payable as of February 23, 2006, was $122,689.18 consisting of: (i) principal under the Note in the amount of PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON 2000 Market Street • 13`~ Floor • Philadelphia, PA 19103 '~ 215-972-7900. 215-564-7699 (fax) • www.wglaw.com Barrett Company, Inc. February 23, 2006 Page 2 $118,649.11; (ii) interest under the Note in the amount of $3,413.87; and (iii) late charges under the Note in the amount of $626.28. Furthermore, (i) interest on the outstanding Loans will continue to accrue at the default rate of interest which is the Bank's Prime Rate plus 4.0%, as that rate may change from time to time, in accordance with the terms of the Note and (ii) all such other fees and costs (including attorney's fees) as the Bank may incur in connection with the Loans are also due and payable in accordance with the terms of the Loan Documents. Kindly contact this office immediately in order to make arrangements to pay off the Loans. Please be advised that unless you respond to this request on or before March 10, 2006, the Bank intends to commence legal action to collect all of the amounts due in connection with the Loans. This notice of Default does not constitute and shall not be deemed to constitute a waiver of any default not specified herein which may exist on the date hereof, nor an election of any right or remedy by the Bank. The Bank reserves any and all rights and remedies it may have against Barrett Company and the guazantors, including, without limitation, the right to collect all amounts due and owing to the Bank such as (but not necessarily limited to) principal, interest, default interest, late chazges, attorney's fees and collection costs. Nothing contained in this letter or in previous or subsequent discussions or communications between (i) the Bank; (ii) Ban•ett Company and/or the guarantors (all of which aze collectively called the "Obligors"); and/or (iii) any of the Bank's or the Obligor's respective representatives or counsel shall serve or be deemed to waive or modify any provision of the underlying Loan Documents, nor waive, modify or postpone any rights and/or remedies of the Bank thereunder, and the Bank expressly reserves all of such rights and remedies. In addition, any partial payments made by or on behalf of Barrett Company to the Bank, if accepted, shall not constitute a waiver or modification of the default or a waiver or postponement of any rights or remedies of the Bank. Very truly yours, Robert Blau RSB/kwl cc: Michael A. Barrett Peter J. Mottley UNCONDITIONAL GUARANTY Barrett Company, Inc. 1525 Cedar Cliff Drive Camp Hill, Pennsylvania 17011 (Individually and collectively "Borrower") Michael A. Barrett 706 Moores Mountain Road Mechanicsburg, Pennsylvania 17055 (Individually and collectively "Guarantor") Wachovia Bank, National Association 123 South Broad Street Philadelphia, Pennsylvania 19109 (Hereinafter referred to as "Bank") December 10, 2003 To induce Bank to make, extend or renew loans, advances, credit, or other financial accommodations to or for the benefit of Borrower, which are and will be to the direct interest and advantage of the Guarantor, and in consideration of loans, advances, credit, or other financial accommodations made, extended or renewed to or for the benefit of Borrower, which are and will be to the direct interest and advantage of the Guarantor, Guarantor hereby absolutely, irrevocably and unconditionally guarantees to Bank and its successors, assigns and affiliates the timely payment and performance of all liabilities and obligations of Borrower to Bank and its affiliates, including, but not limited to, all obligations under any notes, loan agreements, security agreements, letters of credit, instruments, accounts receivable, contracts, drafts, leases, chattel paper, indemnities, acceptances, repurchase agreements, overdrafts, and the Loan Documents, as defined below, and all obligations of Borrower to Bank or any of its affiliates under any swap agreement (as defined in 11 U.S. Code § 101), however and whenever incurred or evidenced, whether primary, secondary, direct, indirect, absolute, contingent, due or to become due, now existing or hereafter contracted or acquired, and all modifications, extensions and renewals thereof, (collectively, the "Guaranteed Obligations"). Guarantor further covenants and agrees: GUARANTOR'S LIABILITY. This Guaranty is a continuing and unconditional guaranty of payment and performance and not of collection. The parties to this Guaranty are jointly and severally obligated hereunder. This Guaranty does not impose any obligation on Bank to extend or continue tc extend credit or otherwise deal with Borrower at any subsequent time. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of the Guaranteed Obligations is rescinded, avoided or for any other reason must be returned by Bank, and the returned payment shall remain payable as part of the Guaranteed Obligations, all as though such payment had not been made. Except to the extent the provisions of this Guaranty give Bank additional rights, this Guaranty shall not be deemed to supersede or replace any other guaranties given to Bank by Guarantor; and the obligations guaranteed hereby shall be in addition to any other obligations guaranteed by Guarantor pursuant to any other agreement of guaranty given to Bank and other guaranties of the Guaranteed Obligations. TERMINATION OF GUARANTY. Guarantor may terminate this Guaranty only by written notice, delivered personally to or received by certified or registered United States Mail by an authorized officer of Bank at the address for notices provided herein. Such termination shall be effective with respect to Guaranteed Obligations arising more than 15 days after the date such written notice is received by said Bank officer. Such termination shall not be effective with respect to Guaranteed Obligations (including 535164 (Rav 140) GUAR EXHIBIT C any subsequent extensions, modifications or compromises of the Guaranteed Obligations) then existing, or Guaranteed Obligations arising subsequent to receipt by Bank of said notice if such Guaranteed Obligations are a result of Bank's obligation to make advances pursuant to a commitment, or are based on Borrower's obligations to make payments pursuant to any swap agreement (as defined in 11 U.S.C. § 101), entered into prior to expiration of the 15 day notice period, or are a result of advances which are necessary far Bank to protect its collateral or otherwise preserve its interests. Termination of this Guaranty by any single Guarantor will not affect the existing and continuing obligations of any other Guarantor hereunder. CONSENT TO MODIFICATIONS. Guarantor consents and agrees that Bank (and, with respect to swap obligations, its affiliates) may from time to time, in its sole discretion, without affecting, impairing, lessening or releasing the obligations of Guarantor hereunder: (a) extend or modify the time, manner, place or terms of payment or performance and/or otherwise change or modify the credit terms of the Guaranteed Obligations; (b) increase, renew, or enter into a novation of the Guaranteed Obligations; (c) waive or consent to the departure from terms of the Guaranteed Obligations; (d) permit any change in the business or other dealings and relations of Borrower or any other guarantor with Bank; (e) proceed against, exchange, release, realize upon, or otherwise deal with in any manner any collateral that is or may be held by Bank in connection with the Guaranteed Obligations or any liabilities or obligations of Guarantor; and (f) proceed against, settle, release, or compromise with Borrower, any insurance carrier, or any other person or entity liable as to any part of the Guaranteed Obligations, and/or subordinate the payment of any part of the Guaranteed Obligations to the payment of any other obligations, which may at any time be due or owing to Bank; all in such manner and upon such terms as Bank may deem appropriate, and without notice to or further consent from Guarantor. No invalidity, irregularity, discharge or unenforceability of, or action or omission by Bank relating to any part of the Guaranteed Obligations or any security therefor shall affect or impair this Guaranty. WAIVERS AND ACKNOWLEDGMENTS. Guarantor waives and releases the following rights, demands, and defenses Guarantor may have with respect to Bank (and, with respect to swap obligations, its affiliates) and collection of the Guaranteed Obligations: (a) promptness and diligence in collection of any of the Guaranteed Obligations from Borrower or any other person liable thereon, and in foreclosure of any security interest and sale of any property serving as collateral for the Guaranteed Obligations; (b) any law or statute that requires that Bank (and, with respect to swap obligations, its affiliates) make demand upon, assert claims against, or collect from Borrower or other persons or entities, foreclose any security interest, sell collateral, exhaust any remedies, or take any other action against Borrower or other persons or entities prior to making demand upon, collecting from or taking action against Guarantor with respect to the Guaranteed Obligations, including any such rights Guarantor might otherwise have had under Va. Code §§ 49-26 and 49-26, et sea., N.C.G.S. §§ 26-7, et seq., Tenn. Code Ann. § 47-12-101, O.C.G.A. § 10-7-24 and any successor statute and any other applicable law; (c) any law or statute that requires that Borrower or any other person be joined in, notified of or made part of any action against Guarantor; (d) that Bank or its affiliates preserve, insure or perfect any security interest in collateral or sell or dispose of collateral in a particular manner or at a particular time, provided that Bank's obligation to dispose of Collateral in a commercially reasonable manner is not waived hereby; (e) notice of extensions, modifications, renewals, or novations of the Guaranteed Obligations, of any new transactions or other relationships between Bank, Borrower and/or any guarantor, and of changes in the financial condition of, ownership of, or business structure of Borrower or any other guarantor; (f) presentment, protest, notice of dishonor, notice of default, demand for payment, notice of intention to accelerate maturity, notice of acceleration of maturity, notice of sale, and all other notices of any kind whatsoever to which Guarantor may be entitled; (g) the right to assert against Bank or its affiliates any defense (legal or equitable), set-off, counterclaim, or claim that Guarantor may have at any time against Borrower or any other party liable to Bank or its affiliates; (h) all defenses relating to invalidity, insufficiency, unenforceability, enforcement, release or impairment of Bank or its affiliates' lien on any collateral, of the Loan Documents, or of any other guaranties held by Bank; (i) any right to which Guarantor is or may become entitled to be subrogated to Bank or its affiliates' rights against Borrower or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, 535104 (Rev 14 0) P2g2 2 guar doc right or remedy of Bank or its affiliates against Borrower or any security which Bank or its affiliates now has or hereafter acquires, until such time as the Guaranteed Obligations have been fully satisfied beyond the expiration of any applicable preference period; Q) any claim or defense that acceleration of maturity of the Guaranteed Obligations is stayed against Guarantor because of the stay of assertion or of acceleration of claims against any other person or entity for any reason including the bankruptcy or insolvency of that person or entity; and (k) the right to marshalling of Borrower's assets or the benefit of any exemption claimed by Guarantor. Guarantor acknowledges and represents that Guarantor has relied upon Guarantor's own due diligence in making an independent appraisal of Borrower, Borrower's business affairs and financial condition, and any collateral; Guarantor will continue to be responsible for making an independent appraisal of such matters; and Guarantor has not relied upon Bank or its affiliates for information regarding Borrower or any collateral. FINANCIAL CONDITION. Guarantor warrants, represents and covenants to Bank and its affiliates that on and after the date hereof: (a) the fair saleable value of Guarantor's assets exceeds its liabilities, Guarantor is meeting its current liabilities as they mature, and Guarantor is and shall remain solvent; (b) all financial statements of Guarantor furnished to Bank are correct and accurately reflect the financial condition of Guarantor as of the respective dates thereof; (c) since the date of such financial statements, there has not occurred a material adverse change in the financial condition of Guarantor; (d) there are not now pending any court or administrative proceedings or undischarged judgments against Guarantor, no federal or state tax liens have been filed or threatened against Guarantor, and Guarantor is not in default or claimed default under any agreement; and (e) at such reasonable times as Bank requests, Guarantor will furnish Bank and its affiliates with such other financial information as Bank and its affiliates may reasonably request. INTEREST AND APPLICATION OF PAYMENTS. Regardless of any other provision of this Guaranty or other Loan Documents, if for any reason the effective interest on any of the Guaranteed Obligations should exceed the maximum lawful interest, the effective interest shall be deemed reduced to and shall be such maximum lawful interest, and any sums of interest which have been collected in excess of such maximum lawful interest shall be applied as a credit against the unpaid principal balance of the Guaranteed Obligations. Monies received from any source by Bank or its affiliates for application toward payment of the Guaranteed Obligations may be applied to such Guaranteed Obligations in any manner or order deemed appropriate by Bank and its affiliates. DEFAULT. If any of the following events occur, a default ("Default") under this Guaranty shall exist: (a) failure of timely payment or performance of the Guaranteed Obligations or a default under any Loan Document; (b) a breach of any agreement or representation contained or referred to in the Guaranty, or any of the Loan Documents, or contained in any other contract or agreement of Guarantor with Bank or its affiliates, whether now existing or hereafter arising; (c) the death of, appointment of a guardian for, dissolution of, termination of existence of, loss of good standing status by, appointment of a receiver for, assignment for the benefit of creditors of, or the commencement of any insolvency or bankruptcy proceeding by or against Guarantor or any general partner of or the holder(s) of the majority ownership interests of Guarantor; and/or (d) Bank determines in good faith, in its sole discretion, that the prospects for payment or performance of the Guaranteed Obligations are impaired or a material adverse change has occurred in the business or prospects of Borrower or Guarantor, financial or otherwise. If a Default occurs, the Guaranteed Obligations shall be due immediately and payable without notice, other than Guaranteed Obligations under any swap agreements (as defined in 11 U.S.C. § 101) with Bank or its affiliates, which shall be due in accordance with and governed by the provisions of said swap agreements, and, Bank and its affiliates may exercise any rights and remedies as provided in this Guaranty and other Loan Documents, or as provided at law or equity. Guarantor shall pay interest on the Guaranteed Obligations from such Default at the highest rate of interest charged on any of the Guaranteed Obligations. 535104 (Rev 14.0) Page 3 guar.aoo ATTORNEYS' FEES AND OTHER COSTS OF COLLECTION. Guarantor shall pay all of Bank's and its affiliates' reasonable expenses incurred to enforce or collect any of the Guaranteed Obligations, including, without limitation, reasonable arbitration, paralegals', attorneys' and experts' fees and expenses, whether incurred without the commencement of a suit, in any suit, arbitration, or administrative proceeding, or in any appellate or bankruptcy proceeding. SUBORDINATION OF OTHER DEBTS. Guarantor agrees: (a) to subordinate the obligations now or hereafter owed by Borrower to Guarantor ("Subordinated Debt") to any and all obligations of Borrower to Bank or its affiliates now or hereafter existing while this Guaranty is in effect, provided however that Guarantor may receive regularly scheduled principal and interest payments on the Subordinated Debt so long as (i) all sums due and payable by Borrower to Bank and its affiliates have been paid in full on or prior to such date, and (ii) no event or condition which constitutes or which with notice or the lapse or time would constitute an event of default with respect to the Guaranteed Obligations shall be continuing on or as of the payment date; (b) Guarantor will either place a legend indicating such subordination on every note, ledger page or other document evidencing any part of the Subordinated Debt or deliver such documents to Bank; and (c) except as permitted by this paragraph, Guarantor will not request or accept payment of or any security for any part of the Subordinated Debt, and any proceeds of the Subordinated Debt paid to Guarantor, through error or otherwise, shall immediately be forwarded to Bank by Guarantor, properly endorsed to the order of Bank, to apply to the Guaranteed Obligations. MISCELLANEOUS. Assignment. This Guaranty and other Loan Documents shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, successors and assigns. Bank's interests in and rights under this Guaranty and other Loan Documents are freely assignable, in whole or in part, by Bank. Any assignment shall not release Guarantor from the Guaranteed Obligations. Organization; Powers. Guarantor (i) is (a) an adult individual and is sui iuris, or (b) a corporation, general partnership, limited partnership, limited liability company or other legal entity (as indicated below), duly organized, validly existing and in good standing under the laws of its state of organization, and is authorized to do business in each other jurisdiction wherein its ownership of property or conduct of business legally requires such organization, (ii) has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated; and (iii) has the power and authority to execute, deliver and perform, and by all necessary action has authorized the execution, delivery and performance of, all of its obligations under this Guaranty and any other Loan Document to which it is a party. Applicable Law; Conflict Between Documents. This Guaranty shall be governed by and construed under the laws of the state named in Bank's address shown above without regard to that state's conflict of laws principles. If the terms of this Guaranty should conflict with the terms of any commitment letter that survives closing, the terms of this Guaranty shall control. Guarantor's Accounts. Except as prohibited by law, Guarantor grants Bank and its affiliates a security interest in all of Guarantor's accounts with Bank and its affiliates. Jurisdiction. Guarantor irrevocably agrees to non- exclusive personal jurisdiction in the state named in Bank's address shown above. Severability. If any provision of this Guaranty or of the other Loan Documents shall be prohibited or invalid under applicable law, such provision shall be ineffective but only tc the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty or other Loan Documents. Notices. Any notices to Guarantor shall be sufficiently given if in writing and mailed or delivered to Guarantor's address shown above or such other address as provided hereunder, and to Bank, if in writing and mailed or delivered to Wachovia Bank, National Association, Mail Code VA7391, P. O. Box 13327, Roanoke, VA 24040 or Wachovia Bank, National Association, Mail Code VA7391, 10 South Jefferson Street, Roanoke, VA 24011 or such other address as Bank may specify in writing from time to time. Notices to Bank must include the mail code. In the event that Guarantor changes Guarantor's address at any time prior to the date the Guaranteed Obligations are paid in full, Guarantor agrees to promptly give written notice of said change of address to Bank by registered or certified mail, return receipt requested, all charges prepaid. Plural; Captions. All references in the Loan Documents to borrower, guarantor, person, document or other nouns of reference mean both the singular and plural form, as the case may be, and the term "person" shall mean any individual person or entity. The captions contained in the Loan Documents are inserted for convenience only and shall not affect the meaning or 535104 (Rev 14.0) Page 4 guaoaoc interpretation of the Loan Documents. Binding Contract. Guarantor by execution of and Bank by acceptance of this Guaranty agree that each party is bound to all terms and provisions of this Guaranty. Amendments, Waivers and Remedies. No waivers, amendments or modifications of this Guaranty and other Loan Documents shall be valid unless in writing and signed by an officer of Bank. No waiver by Bank or its affiliates of any Default shall operate as a waiver of any other Default or the same Default on a future occasion. Neither the failure nor any delay on the part of Bank or its affiliates in exercising any right, power, or privilege granted pursuant to this Guaranty and other Loan Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise or the exercise of any other right, power or privilege. All remedies available to Bank or its affiliates with respect to this Guaranty and other Loan Documents and remedies available at law or in equity shall be cumulative and may be pursued concurrently or successively. Partnerships. If Guarantor is a partnership, the obligations, liabilities and agreements on the part of Guarantor shall remain in full force and effect and fully applicable notwithstanding any changes in the individuals comprising the partnership. The term "Guarantor" includes any altered or successive partnerships, and predecessor partnership(s) and the partners shall not be released from any obligations or liabilities hereunder. Loan Documents. The term "Loan Documents" refers to all documents executed in connection with or related to the Guaranteed Obligations and may include, without limitation, commitment letters that survive closing, loan agreements, other guaranty agreements, security agreements, instruments, financing statements, mortgages, deeds of trust, deeds to secure debt, letters of credit and any amendments or supplements (excluding swap agreements as defined in 11 U.S. Code § 101). LIMITATION ON LIABILITY; WAIVER OF PUNITIVE DAMAGES. EACH OF THE PARTIES HERETO, INCLUDING BANK BY ACCEPTANCE HEREOF, AGREES THAT IN ANY JUDICIAL, MEDIATION OR ARBITRATION PROCEEDING OR ANY CLAIM OR CONTROVERSY BETWEEN OR AMONG THEM THAT MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE LOAN DOCUMENTS OR ANY OTHER AGREEMENT OR DOCUMENT BETWEEN OR AMONG THEM OR THE OBLIGATIONS EVIDENCED HEREBY OR RELATED HERETO, IN NO EVENT SHALL ANY PARTY HAVE A REMEDY OF, OR BE LIABLE TO THE OTHER FOR, (1) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (2) PUNITIVE OR EXEMPLARY DAMAGES. EACH OF THE PARTIES HEREBY EXPRESSLY WAIVES ANY RIGHT OR CLAIM TO PUNITIVE OR EXEMPLARY DAMAGES THEY MAY HAVE OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH ANY SUCH PROCEEDING, CLAIM OR CONTROVERSY, WHETHER THE SAME IS RESOLVED BY ARBITRATION, MEDIATION, JUDICIALLY OR OTHERWISE. FINANCIAL AND OTHER INFORMATION. Guarantor shall deliver to Bank such information as Bank may reasonably request from time to time, including without limitation, financial statements and information pertaining to Guarantor's financial condition. Such information shall be true, complete, and accurate. NEGATIVE COVENANTS. Guarantor agrees that from the date hereof and until final payment in full of the Guaranteed Obligations, unless Bank shall otherwise consent in writing, Guarantor will not: Default on Other Contracts or Obligations. Default on any material contract with or obligation when due to a third party or default in the performance of any obligation to a third party incurred for money borrowed. Government Intervention. Permit the assertion or making of any seizure, vesting or intervention by or under authority of any governmental entity, as a result of which the management of Guarantor or any guarantor is displaced of its authority in the conduct of its respective business or such business is curtailed or materially impaired. Judgment Entered. Permit the entry of any monetary judgment or the assessment against, the filing of any tax lien against, or the issuance of any writ of garnishment or attachment against any property of or debts due. Retire or Repurchase Capital Stock. Retire or otherwise acquire any of its capital stock. WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY APPLICABLE IAW, EACH OF GUARANTOR BY EXECUTION HEREOF AND BANK BY ACCEPTANCE HEREOF, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION 535104 (Rev 14.0) Page 5 yuar aoc WITH THIS GUARANTY, THE LOAN DOCUMENTS OR ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONNECTION WITH THIS GUARANTY, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY WITH RESPECT HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT TO BANK TO ACCEPT THIS GUARANTY. EACH OF THE PARTIES AGREES THAT THE TERMS HEREOF SHALL SUPERSEDE AND REPLACE ANY PRIOR AGREEMENT RELATED TO ARBITRATION OF DISPUTES BETWEEN THE PARTIES CONTAINED IN ANY LOAN DOCUMENT OR ANY OTHER DOCUMENT OR AGREEMENT HERETOFORE EXECUTED IN CONNECTION WITH, RELATED TO OR BEING REPLACED, SUPPLEMENTED, EXTENDED OR MODIFIED BY, THIS GUARANTY. CONFESSION OF JUDGMENT. THE FOLLOWING PARAGRAPH SETS FORTH A POWER OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST GUARANTOR. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST GUARANTOR, THE GUARANTOR, FOLLOWING CONSULTATION WITH (OR DECISION NOT TO CONSULT) SEPARATE COUNSEL FOR GUARANTOR AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY, INTELLIGENTLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE GUARANTOR HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE INCLUDING, WITHOUT LIMITATION, A HEARING PRIOR TO GARNISHMENT AND ATTACHMENT OF THE GUARANTOR'S BANK ACCOUNT AND OTHER ASSETS. GUARANTOR ACKNOWLEDGES AND UNDERSTANDS THAT BY ENTERING INTO THIS GUARANTY CONTAINING A CONFESSION OF JUDGMENT CLAUSE THAT GUARANTOR IS VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY GIVING UP ANY AND ALL RIGHTS, INCLUDING CONSTITUTIONAL RIGHTS, THAT GUARANTOR HAS OR MAY HAVE TO NOTICE AND A HEARING BEFORE JUDGMENT CAN BE ENTERED AGAINST GUARANTOR AND BEFORE THE GUARANTOR'S ASSETS, INCLUDING, WITHOUT LIMITATION, ITS BANK ACCOUNTS, MAY BE GARNISHED, LEVIED, EXECUTED UPON ANDIOR ATTACHED. GUARANTOR UNDERSTANDS THAT ANY SUCH GARNISHMENT, LEVY, EXECUTION ANDIOR ATTACHMENT SHALL RENDER THE PROPERTY GARNISHED, LEVIED, EXECUTED UPON OR ATTACHED IMMEDIATELY UNAVAILABLE TO GUARANTOR. IT IS SPECIFICALLY ACKNOWLEDGED BY GUARANTOR THAT THE BANK HAS RELIED ON THIS WARRANT OF ATTORNEY AND THE RIGHTS WAIVED BY GUARANTOR HEREIN IN RECEIVING THIS GUARANTY AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATIONS TO THE GUARANTOR. Upon the occurrence of a default in the payment of the Obligations due under this Guaranty or a Default (as defined in the other Loan Documents) under any other Loan Document, each Guarantor hereby jointly and severally authorizes and empowers any attorney of any court of record or the prothonotary or clerk of any county in the Commonwealth of Pennsylvania, or in any jurisdiction where permitted by law or the clerk of any United States District Court, to appear for Guarantor in any and all actions which may be brought hereunder and enter and confess judgment against the Guarantor or any of them in favor of the Bank for such sums as are due or may become due hereunder or under any other Loan Documents, together with costs of suit and actual collection costs including, without limitation, reasonable attorneys' fees equal to 5% of the Guaranteed Obligations then due and owing but in no event less than $5,000.00, with or without declaration, without prior notice, without stay of execution and with release of all procedural errors and the right to issue executions forthwith. To the extent permitted by law, Guarantor waives the right of inquisition on any real estate levied on, voluntarily condemns the same, authorizes the prothonotary or clerk to enter upon the writ of execution this voluntary condemnation and agrees that such real estate may be sold on a writ of execution; and also waives any relief from any appraisement, stay or exemption law of any state now in force or hereafter enacted. Guarantor further waives the right to any notice and hearing prior to the execution, levy, attachment or other type of enforcement of any judgment obtained hereunder, including, without limitation, the right to be notified and heard prior to the garnishment, levy, execution upon and attachment of Guarantor's bank accounts and other property. If a copy of this Guaranty verified by affidavit of any officer of the Bank shall have been filed in such action, it shall not be necessary to file the original thereof as a warrant of attorney, any practice or usage to the contrary notwithstanding. The authority herein granted to 535104 (Rev 14.0) Page 6 guar.aoc confess judgment shall not be exhausted by any single exercise thereof, but shall continue and may be exercised from time to time as often as the Bank shall find it necessary and desirable and at all times until full payment of all amounts due hereunder and under any other Loan Documents. The Bank may confess one or more judgments in the same or different jurisdictions for all or any part of the Guaranteed Obligations arising hereunder or under any other Loan Documents to which Guarantor is a party, without regard to whether judgment has theretofore been confessed on more than one occasion for the same Guaranteed Obligations. In the event that any judgment confessed against the Guarantor is stricken or opened upon application by or on behalf of Guarantor or any obligor for any reason, the Bank is hereby authorized and empowered to again appear for and confess judgment against Guarantor for any part or all of the Guaranteed Obligations owing under this Guaranty and/or for any other liabilities, as herein provided. IN WITNESS WHEREOF, Guarantor, on the day and year first written above, has caused this Unconditional Guaranty to be exelc~u^ted und1er seal. (~ YV ~'-'~ ~ ~ 1 ~_ ~ (SEAL) ichae~ ett Tracking #: 183234627 CAT -Deal # A Facility ID 00001 535104 (Rev id 0) Page 7 guar doc WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP February 27, 2006 Via Certified Mail and Regular Mail Mr. Michael A. Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055 Direct Dial: (215) 972-7920 Email: rblau@wglaw.com RE: Loans from Wachovia Bank, N.A. to Barrett Company, Inc. Our ale Number: 0032063 Deaz Mr. Barrett: We represent Wachovia Bank, N.A. (the "Bank") with regard to its loans and/or credit facilities (the "Loans") to Barrett Company, Ina ("Barrett Company"). In connection with the Loans, you have executed and delivered to the Bank, inter alia, an Unconditional Guaranty Agreement dated December 10, 2003 (the "Guaranty"). All terms not expressly defined in this letter shall have the meaning set forth in the Guaranty. As set forth in the letter to Barrett Company dated today (a copy of which is enclosed) the Loans aze in default and the Bank has demanded immediate repayment in full of the Loans from Barrett Company. The Bank hereby also demands immediate repayment of the Loans from you pursuant to the Guaranty. Kindly contact this office immediately in order to make arrangements to pay off the Loans. Please be advised that, unless you respond to this request on or before March 10, 2006, the Bank intends to commence legal action to collect the amounts due in connection with the Guaranty. This notice of Default does not constitute and shall not be deemed to constitute a waiver of any default not specified herein which may exist on the date hereof, nor an election of any right or remedy by the Bank. The Bank reserves any and all rights and remedies it may have against you and Barrett Company, including, without limitation, the right to collect all amounts due and owing to the Bank such as (but not necessarily limited to) principal, interest, default interest, late charges, attorney's fees and collection costs. EXHIBIT -~~ PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street • 13th Floor • Philadelphia, PA 19103 (215) 972-7900 • (215) 564-7699 (fax) • www.wglaw.com Mr. Michael A. Barrett February 23, 2006 Page 2 Nothing contained in this letter or in previous or subsequent discussions or communications between you, the Bank or any of your or the Bank's respective representatives or counsel shall serve or be deemed to waive or modify any provision of the underlying Guazanty, nor waive, modify or postpone any rights and/or remedies of the Bank thereunder, and the Bank expressly reserves all of such rights and remedies. In addition, any partial payments made by you or Barrett Company to the Bank, if accepted, shall not constitute a waiver or modification of the default or a waiver or postponement of any rights or remedies of the Bank. Very truly yours, ~'11 ~ Robert Blau RSB/kwl cc: Peter J. Mottley ~ ( ~ . C ~ ~ ~ _ ~ ~ J ~ ' _ ~ ) 1 ~ ~ ~ v ~ ~ b -~ .. ~'-- = ---~ ~ --. ~ !1 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Robert S. Blau, Esquire Attorney I.D. No. 47071 2000 Market Street, 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, v. MICHAEL A. BARRETT . 706 Moores Mountain Road Mechanicsburg, PA 17055 and : BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants. N0.06-2278 PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County: (1) directed to the Sheriff of Cumberland county; (2) against Michael A. Barrett, defendant; and ~' ~1, (3) against Barrett Company, Inc., defendant; and (4) against AmeriChoice Federal Credit Union, garnishee; and (5) against Commerce Bank, garnishee; and (6) against Citizens Bank, garnishee; and (7) enter this writ in the judgment index against Michael A. Barrett and Barrett Company, Inc., defendants (8) AMOUNT DUE INTEREST FROM 4/24/2006 ATTORNEYS' FEES COST PAID: PROTHONOTARY SHERIFF STATUTORY COSTS DUE TOTAL Dated: August, 2006 $130,184.97 $ 2,289.80 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorney for Plaintiff, Wachovia Bank, N.A. -2- +~, V ? ' ~ 7c q,~~ v l •,~ +G" ~; ~Q ~^ \, r C l ] Q W ~ ~ I ~ ~ ~ ~ •ba. ~ h ~~o~a i ~ i C 1 ~ ~ \ ` ` ~~ c- -- rte; 4.. -` ^ 1 t j„: ~; ~: .. ~_, <:_ ~--, :~=~~_. .~ a, ~. 0 ~~ ~~ .U ,t~ ~ ~~ =~~ ~~ _T,3 WEBERGALLAGHER FIRES & NEWBY LLP August 9, 2006 Via Hand Delivery from Prothonotary's Office Direct Dial: 215-972-7920 Email: rblau@wglaw.com Cumberland County Court of Common Pleas Sheriff's Office, Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Wachovia Bank, N.A. v. Michael Barrett and Barrett Company, Inc. Our File Number: 0032063 Dear Sir/Madam: Enclosed please find thirteen (13) copies of sealed Writs of Execution in connection with the above-referenced matter. Also enclosed please find a check in the amount of $300.00, which is the service deposit fee, along with copies of Interrogatories in Attachment. Please serve the Defendants at the following addresses: Michael A. Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055 SIMPSON STAPLETON Barrett Company, Inc. 1525 Cedar Cliff Drive Camp Hill, PA 17011 and please serve the Garnishees at the following addresses: Citizens Bank 1510 Cedar Cliff Dr. Camp Hill, PA 17011 Commerce Bank 1120 Carlisle Rd. Camp Hill, PA 17011 AmeriChoice Federal Credit 2175 Bumble Bee Hollow Rd. Mechanicsburg, PA 17055 and mail return of service to this office in the herewith. / anticipated cooperation. V RSB/kwl Enclosures stamped envelope provided Otherwise, thank you for your PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON • 2000 Market Street • 13th Floor • Philadelphia, PA 19103 (215) 972-7900 • (215) 564-7699 (fax) • www.wglaw.com WRIT OF EXECUTION Special instructions for levy at business premises: SEIZE ALL CONTENTS OF EACH CASH REGISTER Weber Gallagher Simpson Stapleton Fires & Newby LLP 2000 Market Street, 13`h Floor, Philadelphia, PA 19103 215-972-7900 215-564-7699(fax) r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2278 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, N.A., Plaintiff (s) From MICHAEL A. BARRETT, 706 MOORES MOUNTAIN ROAD, MECHANICSBURG, PA 17055 AND BARRETT COMPANY, INC., 1525 CEDAR CLIFF DRIVE, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON PROPERTY OF THE DEFENDANTS -SPECIAL INSTRUCTIONS FOR LEVY AT BUSINESS PREMISES, SEIZE ALL CONTENTS OF EACH CASH REGISTER . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of CITIZENS BANK, 1510 CEDAR CLIFF DR., CAMP HILL, PA 17011 -COMMERCE BANK, 1120 CARLISLE RD., CAMP HILL, PA 17011 -- AMERICHOICE FEDERAL CREDIT, 2175 BUMBLE BEE HOLLOW RD., MECHANICSBURG, PA 17055 -SERVE INTERROGATORIES GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $130,184.97 Interest FROM 4/24/06 - $2,289.80 Atty's Comm Atty Paid $149.39 Plaintiff Paid Date: AUGUST 11, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs URTIS O G Prothonotary By: Deputy REQUESTING PARTY: Name ROBERT S. BLAU, ESQUIRE Address: WEBER GALLACHER SIMPSON STAPLETON FIRES & NEWBY LLP 2000 MARKET STREET, 13TH FLOOR PHILADELPHIA, PA 19103 Attorney for: PLAITNIFF Telephone: 215-972-7900 Supreme Court ID No. 47071 t t CASE NO: 2006-02278 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK N A VS BARRETT MICHAEL A ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLY-CONFES JUDGMENT was served upon BARRETT COMPANY INC the DEFENDANT at 1446:00 HOURS, on the 2nd day of May 2006 at 429 18TH STREET CAMP HILL, PA 17011 by handing to MIKE BARRETT, OWNER, ADULT IN CHARGE a true and attested copy of COMPLY-CONFES JUDGMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 i~~`~C, ,.~~ Service 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline 29.20 / 05/26/2006 ~-~- ~~oy~ag WEBER GALLAGHER SIMPSON Sworn and Subscibed to By: before me this day Deputy S eriff of A.D. SHERIFF'S RETURN - OUT OF COUNT~i' i ' CASE NO: 2006-02278 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK N A VS BARRETT MICHAEL A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BARRETT MICHAEL A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLY-CONFES JUDGMENT On May 26th 2006 this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 40.80 Sheriff of Cumberland County Postage 5.39 83.19 ~/ ~,,,,. 7.0~~0~ 05/26/2006 WEBER GALLAGHER SIMPSON Sworn and subscribe to before me this day of , A.D. { COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST.,YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE ~STR~.ICTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN ~ O~IL.Y LNVE 1 THRU 12 pp- ' pETACH ANY COPES. t PLAINTIFF/$/ ?Wachovia Bank IVA 2 COURT NUMBER _~b-727R civi 1 1. TYPE OF WRIT OR COMPLAINT Complaint in 3 DEFENDANT/SI Michael A. Barrett et al SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTKCHED, OR SOLD Michael A. Barrett 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO ,CITY, BORO, TWP .STATE AND ZIP CODE) AT 706Moores Mountain Road Mechanicsburg, PA 17055 7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE U DEPUTIZE SCE T M/aIL a U 1ST CLASS MAIL U POSTED 'J OTHER NOW May 1 , 20 06 I, SHERIFF OF~COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute th- ake return ~•according to law. This deputization being made at the request and risk of the plaintiff. , SHERIFF O OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. ~ ~ C Please mail return of service to Cwnberland County Shf=_riff. Thank you. Alw FEE BY T.AW OFFICE 100 00 NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon «attadwng any property under within wnt may leave same witltout a watchman, in wstody of whomever is found in possession, after notirying person of levy or attachment, without YaDilAy on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, «removal 01 any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 1 t DATE FILED WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP 215-972-7900 4/24/06 12. SEND NOTICE OF SERVICE COPY TO NAME ANO ADDRESS BELOW. (This area must be completed d notice rs ~ De mailed) WILLIAM M HOSE,SHERTFF YORK COUNTY 45 N GEORGE ST YORK PA 17401 SPACE BELOW FOR USE i~ TFE SEERFF - 00 PqT 1AItMTE BLOW THIS LNG 13. 1 acknowledge receipt of the wrA 14. DATE RECEIVED t 5 ExpirationlHeanng Date « complaint as indir~ted above. L B R AH R E 1VT S 5/ 2/ 0 6 5/ 2 4/ 0 6 16. HOW SERVED: PERSONAL ( ) RESIDENCE POSTED ( ) POE ( ) SHERIFFS OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I eby and return a NOT FOUND because unable to locate the individual, company, etc. named above. (Ser remarks below.) IB E ANO T F tNONIDUAL SERVE / LI RESS H E IF SHOWN ABOVE (Retatlonship to Odendartl) 19. Date of Service 20 Time of Serv a ~ ~ - „~ 2 . A a Time Mil Int. ale Time Miles I Date Time Moses Int. Date Time Mies Intl Date Time Miles Int. Dale Time Mlles Int. ZZ. KtMAKICJ: ~~~ ~ ~ ~.~s ~ ~~ ~~ 23. Advance Costs 24 Service osts ~ 25 N/F 26 Mile a 27 Postage 28. S b Total 29. Pound 30 Notary 3/. Surchg. 32 Ta. Costs 33 Cost or C ac 100.ATY .( J .~~ U ,~ 34. Foniyn County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mileage/PostaydNot Fowrd 39. Total Costs 40 Costs Due or Refund SO S 41. AFFIRMED and subscribed to bef e e this ature of 45. D TE 12 day of 20 D,b43 ~ Dep. SheriR COMMONWEALTH CF ~t'~~7M~Y 46. SpnatureotYork / > ~~+; .-DATE County Shenll G NOTARIAL SEAL LISA L BOWMAN NOTARY?UBLIC WILLIAM M OSE SHERIFF 5 24 06 . , CITY OF YORK YORE COUM Y 48 Signature of F«epn 49 DATE , ~, ^ County ShenR 50. 1 ACK DGE RECEIPT OF THE HER 'S ItE U 1GNATURE St DATE RECEIVED 1. WHITE - lsswrtg Authority 2. PINK - Att«ney 3. CANARY - Shenlrs Office 4. BLUE - SherrRs Office L ~ ~Zi d L - ~~~~~~ 9001 4Y ~ ~~!?~ ai-~S .~r~I 1:~~^~I_y~.,_.... You ar ereb oti ed to plead to the enclosed interrogatories ' i 0 days fro rvice hereof or a default judgment maybe ent against yo~;;,~ Weber Gallagher Simpson Stapleton Fires & Newby LLP By: Robert S. Blau, Esquire ID# 47071 2000 Market Street, 13th Floor Philadelphia, PA 19103 (215)972-7900 Attorney for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, v. . MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants. N0. 06-2278 As~,sw~r5 ~ INTERROGATORIES IN ATTACHMENT TO: Commerce Bank 1120 Carlisle Road Camp Hill, PA 17011 You must file with the court verified answers to the following interrogatories in attachment within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of the answers must be served on the undersigned. If your answer to any of the interrogatories is affirmative, sped the amount and value and/or completely describe the nature of the subject property. If your answer depends upon the review of any documents, account records, or other papers or electronic data, completely describe the same in exact detail (or attach a copy of the same). 1. a. At the time you were served or at any subsequent time, did you owe the defendant any money or were you liable to defendant on any negotiable or other written instrument, or did defendant claim that you owed any money or were liable to defendant for any reason?p~~~Ltic,a~.~-; -> I-,V~, ~ic.G.~c~~~ ~I,j:3C,'1(7CIj ly).Tt+R1~~3c-r~ut~ d(= ~ ~ ~3~i ~1'~cc .513:~C.:~c'~I.o~l~'J '`.~iTH Vl I'3viC{' (7F 1~~i~~ '3~ Au'v ~~3~~15 f61'3 ..J;T~+ {'~ (?~.~~q,~Ci c:;,:: ~ a.~I3 ia-~ i ,,v~~ Sir v<_ i~, b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). 2. a. At the time you were served or at any subsequent time, was there in yourI possession, custody, or control or in the joint possession, custody, or control of yourself or one or ~ more other persons property of any nature owned solely or in part by the defendant? S~ ~ v~~stu~-,~ T~ L~~~,~.<;;,~~ b. To the extent that your above answer depends in whole or part on ~- documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same}. ~ 3, a. At the time you were served or at any subsequent time, did you hold legal I' title to property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? S ~' ~ ~ r.:: ~ ~ ~ ~L 'T' ~ C~v ` ~ ~ - ~ ~ ~~ ~L~ .~ . b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 4. a. At the time you were served or at any subsequent time, did you hold as a fiduciary property in which the defendant had an interest? ~ v b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 5. a. At any time before or after you were served, did the defendant transfer or deliver property of any nature to you or to any person or lace pursuant to your direction or consent and, if so, what was the consid~irl~t~on themfor? ~~N£r.:rC~~=+,v`:s Mn-~~ ~:~~c: ~.,-s ~ ~-~e ~ t~~ ~~>~,~~ ~Y~%Q£Vc.4V) CGS, ;,it" tt'l 1'M~i: ~.; 7:A.~ratzV ~u.~~'~`c Yli tlitZ j~,~ Sit iZi:.~IC`c.i I~C,~JL .'-':' C~ic~~C.t~ ~--~,: c:~ L+~T C`f+S.. ~. 2tci ~t',a. ~. '~o the extent that your above answer depends in whole or part on ~- ~ ~~, ~~~ ~ ~r-« r~:~~,h documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant? ~-? ~.~ b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 7. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature, to any person, entity, or place pursuant to the direction of, or undertaking for, the defendant, e.g., lease payments, loan payments? ~ ~ U b. To the extent that your above answer depends in whole or part on .~ documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 8. a. At the time you were served or at any subsequent time, did you have, share, or utilize any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in wluch there was an interest claimed by defendant? ~~o b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). 9. a. Identify every account (not previously noted) titled in the name of defendant in which you believe defendant have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insuran accou escrow account, attorney's account, or otherwise. 5 ~ `~ '-``~'-' "~' `` `'~ 4 ~' -~~= ~- ~`~ ~~ ` -~ b. To the extent that your above swe depe sin whole or part on documents, account records, or other papers or electro dat ,describe each in exact detail (or attach a copy of the same). Attorney for Plaintiff 2000 Market Street, 13th Ploor Philadelphia, PA 19103 215-972-7900 ~omme~.:e Bank 3801 Paxton Street Harrisburg, PA 17111 7 , -~-412-6134 _ , .,_ '+~~ -- Date You are he?ebyylotifiedTopiaa to the enclosed interrogatories within 30 da s from s ereof or a default judgment maybe entered Weber Gallagher Simpson Stapleton Fires & Newby LLP Attorney for Plaintiff By: Robert S. Blau, Esquire ID# 47071 2000 Market Street, 13th Floor Philadelphia, PA 19103 (215)972-7900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, v. NO. 06-2278 MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants. REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS ADDRESSED TO GARNISHEE The following documents and items referenced below are to be produced for inspection, testing, and copying in the above offices of counsel for plaintiff at 9:30 a.m., thirty days from the date of this request. You must produce those items possessed or controlled by you or anyone acting or having acted on your behalf including, but not limited to, attorneys, accountants, agents, servants, workmen, employees, and other natural persons, businesses, or organizations. These requests for production are continuing. Any items, secured subsequent to the production of those requested that would have been includable in the initial requested production are to be supplied forthwith by supplemental production, immediately after they are brought to your attention. The term document as used herein is synonymous with the term record and means any writing, report, memorandum, correspondence, tape or magnetic recording, computer program or data, visual or audio reproduction, sketch, drawing or photograph, or other manual, stenographic, mechanical, or other form or record. Each request and portion of each request is deemed severable, and if objection is made to all or part of a request, the remainder should be produced. If you object to production of part of a document or thing, the remainder should be produced. If you object solely to the copying or testing of a document or thing, it should be produced for inspection. 1. Every document, work sheet, and manual or computerized record of data reviewed in order to respond to plaintiff's writ of execution and interrogatories in attachment including, but not limited to, lists of account names searched to identify if defendant maintained accounts or was owed money or things to garnishee, account analyses, notations, and memoranda. 2. Signature cards and other documentation generated at the time of inception or time of any modification to the said account[s] of or obligations[s] to defendant[s], whether or not these open account[s] or obligations were identified in your answers to interrogatories in attachment. 3. Records of any present loans from garnishee to defendant[s] including, but not limited to, application[s], financial reports, credit investigations, notes and other loan documentation, account analyses, and correspondence. 4. To the extent not heretofore requested, every document upon which you rely in concluding andlor asserting that account[s] of or obligation[s] to defendant[s] are exempt or immune from or subordinate to a claimed right of set-off, or otherwise not amenable to attachment execution. 5. To the extent not previously requested, copies of all correspondence and memorandum of conversations: a. Internal among employees of garnishee with respect to the instant attachment proceedings. b. Between employees ee an defendant with respect to the instant attachment proce in Weber G~1.aghe~Simpson Stapleton Fires & Newby, LLP By: Robert S. Blau Attorney for Plaintiff 2000 Market Street, 13th Floor Philadelphia, PA 19103 215-972-7900 tt~MMER~E BAiNKIHAftRlSBUR~, iUA cJ~ ~i20~~1~~ Account Holster Narrte(s): IM~#DHAEL @,4RR~ D$A BARRETT LAND AND CATTLE . ,: - . ,_ ., Reporting SSl~fi'iN: X62 25-fit~68 ~u9aiting Address:. 3~ DE~~~t~Lp:~l.C~~D, ~~AMP HILL, PA 1?011.*=~ StreeE Lcscaton: ~~5 :DEERFfELD aRt'3,AD, GAMP HILL, PA ~ 1 ?01 i ~ _ ~ ~ V1~ark Tel ephotle IVrxlnbar: dumber of Si aturt?s R aired: 1 CiF (~urnber: Si atures of Authorized lndivlduais. This A re$m~ettt is sub'ect to al) #errns below. MICHAEL i3l~4iE~"f', Owner (Signatures and printt~d nameai of eactr ~tcca~nt signer) iiid duu+V-iceu r+y~r+~tjsj ~iyt~iit+d duu+a a~}~d+s(a), ~i~at -i~b •1t;l,t,VU1kl1 IWlutlf~a r~wr„vu~~~~aj viii ua y~vvcsi~•w u~ ~i+o iertrts set Earth in the Arceurri Ag~resment and Disclosure, th8 Time Gertilicate of Deposit Agr+eernerlt (!fi appticabie~, ti'Ie Rate arrd Fee Schedule, tho Funds AvaiJabilii#~ Policy 17iSCloa~rr~- sand the Electronic Funds Transfer Agr+aement and Disclosure if re~questrlltl below, as amended by the 1Financial Institution From tlrt~e K~ time. The auth4rited Agent{9) also ~uCknowledge that they h2rvs reC~eived at i8ast one copy ai these ac~counf documents. The Authortred Sigrter{sj understatrd(S) mCCO~lrtts oper~srl afte-3:D0 PIUf are dated eiiective th® next. business day. Account Purprose: 1~nn Consumer EFT Services: Yes RlJSlNESS TYPE: Sate Proprietorship ACCC~UNS TYPE Sole Prop tnte~rest +Checl<[ng ACCCIUNTNltM13ER rJ~3~O~~I PENED BY ~ussusOxoo~~Ds,- ~ Date OpenAd Date revised Opening Deposit ATM Verified By account ForrrK3rly With Carci t3~-12-d1 ~1,+CM00.1~ N _ ~ChexSystet~ts 5 _ Dale Closed _ Ctasing 6alanca ;l;losed By Reason Far Clr~sirtg Staternant Service Chg DiSpositian C~Ispoaltfon ~i1 Regt,~ar flE1~Q61T PRO. Riigt, U.S, Pu. 6 t,NL OFf . V«. d.49.0i,68~5.Ot.29Plyd OD.Q1.02 (CF ,apt Gfi Pro6orvba~r, irta. rU! pklhu F1w~rrvd. PA - ?JI L79~9,241 (~ The follt~win inSarr~ation may be used to furth$r i~lenEify individu~tl(s~ far teSephone Instructions, ~arge tr2~nsacti4ns, or if a signature rraties. IVlthlll~=Mather's Haider; hlame CJarr~e: street: biting: Phone: ,aka: DUB: tD: MICHAEL BQRRETT SSI~: 462-25~-66~r'3 325 DEERFfELl3~ RG1Al~, CAMP HILL, PA ~T811- (tt}: (7t7~ 9~5-~26 SELF 0411 ~Ji 9f~4 257a[~D40 A MMh~. ` 5 ~~. " ,~ TtIM11t~3ACICUP VYfi'HH[3LL~Ii~tfi Reporting SSt~+I: 4fi2-~5-fifi69 Impartartt: Under pena~ies of perje,ry, I certify that the nlirnber sho~+rt abo~re is my correct taxpayer idantificatiar? nurnbet and that (chuck appropriate Ibox~: ~ I am rrot subject to backup withholding, because I am exempt from backup withholding, or because 1 have nat been notified try the ff~S that I am subject to backup wilfiholdis~g as a result t~f failure to report ali interest os dividends, ar because the IRS has notified me that 1 am no longer subject td backup witrholdirtg. [] i am subjact to backup withholding_ Q I am rust a United States citizen dr re i nt In ivi u is Signature of Autharizer~ d d a. ~_._,~"r,,, Date ,W.r.~....,..,~..,........, - CERTIFICATE OF AUTHORITY (for Deposii Accounts} ~j ~ "~ r~ ~i ls' 7 I ACCOUnt MICHAEL BARRETT DBA BARRETT LAND AND Holder: CATTLE 325 DEERFIELD ROAD CAMP HILL, PA t7011- Financial COMMERCE BANK/HARRISBURG, NA Institution: CEDAR CLIFF 1120 Carlisle Road Camp Hill, PA 17011- IN CONSIDERATION OF the existing or proposed banking relationship between MICHAEL BARRETT DBA BARRETT LAND AND CATTLE and Financial Institution, the persons signing below jointly and severally and on behalf of MICHAEL BARRETT DBA BARRETT LAND AND CATTLE represent to Financial Institution and certify to Financial Institution that: Account Holder. MICHAEL BARRETT DBA BARRETT LAND AND CATTLE is the complete and correct name of the Account Holder. The persons signing below certify that the Sole Proprietorship is duly authorized to transact business in Pennsylvania, aU other states in which the Soie Proprietorship is doing business, having obtained all necessary filings, governmental licenses and approvals for each state in which the Sole Proprietorship is doing business. Specifically, the Sole Proprietorship, and at all times shall be, duly qualified as a foreign Sole Proprietorship in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. Signature Authorization. The Financial Institution named above, at any one or more of its offices or branches, is designated as a depository for the funds of MICHAEL BARRETT DBA BARRETT LAND AND CATTLE, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies bearing the following appropriate number of signatures: Any one (1) of the following named partners, employees or designated individuals of MICHAEL BARRETT DBA BARRETT LAND AND CATTLE ("Agents"), whose actual signatures are shown below: c\ X ~ --~~ ~-,-~ MICHAEL BARRETT, Owner and that the Financial Institution shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual order of any Agent or Agents signing the same. The Financial Institution is hereby directed to accept and pay without further inquiry any item drawn against any of the Account Holder's accounts with the Financial Institution bearing the signature or signatures of Agents, as authorized above or otherwise, even though drawn or endorsed to the order of any Agent signing the same or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent's personal account, and the Financial Institution shall not be required or be under any obligation to inquire as to the circumstances of the issue or use of any item signed in accordance with the resolutions contained herein, or the application or disposition of such item or the proceeds of the item, Agent's Authority. Any one of such Agents is authorized to endorse all checks, drafts, notes, and other items payable to or owned by Account Holder for deposit with the Financial institution, or for collection or discount by the Financial Institution; and to accept drafts and other items payable at the Financial Institution. The above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions, or purposes for which funds, checks, or items of Account Holder may be deposited, collected, or withdrawn and to pertorm such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. Duration. The authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice of any amendment or revocation thereof shall have been delivered to and received by the Financial Institution at each location where an account is maintained. Financial Institution shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this authorization. Any such notice shall not affect any items in process at the time notice is given. The rights of Financial Institution under this agreement are in addition to any other rights Financial Institution may have. Financial Institution need not accept this agreement for it to become effective. This agreement is dated: ACCOUNT HOLDER: X ~ ~ ~ ~-~ MICHAEL BARRETT, Owner DEPOSIT PRO, Ae9. U.S Per. 8 T.~1 OFF., va B. ro.01 ~SNOS.Or.23Nl.0901.02 (c) ZpOt CFI Pra$wiua, Inc. Ap Rg~la Rsservetl. PA- PA - L]r] •i. CERTIFICATION OF SOLE PROPRIETOR I - ~ `~'~~~_. owner of ~ ~ _ ~~~ , do hereby CERTIFY as follows 1. That said business is a sole proprietorship and not a partnership or corporation. 2. That an account of deposit or safety deposit box be opened or continued and maintained with COMMERCE BANK (herein "BANK") titled which is my sole proprietorship and that funds of this business on ~d~eposit in the said Bank shall be subject. to withdrawal by checks, notes, drafts, bills of exchange, acceptances, orders or other instuments made in the name of the business or in the name of the business owner and signed b~}y _the following: Name Signature Name Signature Name Signature and all such checks, notes, drafts, bills of exchange, acceptances, orders or other instruments signed as aforesaid on behalf of this business, drawn upon said bank as drawee or made payable at or to Bank, including instruments drawn to cash or bearer or to the individual order of the owner of the business (whether signed by such person or otherwise, shall be honored and paid by Bank and charged to the account of the business, and Bank may receive the same in payment of or as security for the personal indebtedness of any signer or owner, employee or member to Bank, or in any transaction whether or not known to be for the personal benefit of any such person, without any obligation upon Bank to inquire whether the same be drawn or required for this business' benefit. 3. That the person(s) above named is authorized on behalf of this business and in its name to endorse, negotiate, and receive, or authorize the payment of the proceeds of any negotiable or other instruments or orders for the payment of money payable to or belonging to this business. -~ IN WIT S WH'' EOF, I have hereto subscribed my name this ~_day of ~---- Signature J ' MQY-zl-2000 15 34 x. ~111lI1~'I~C4 Sink MEMA6R KpIC Commerce Bank Senafg Avenue and Erfprd Road Camp Hill, Pennsylvania 17011 ~` ~j~-I~PVI P.02 FICTITIOUS NAME CERTIFICATE ({ndividuai) To tha COMMERCE BANK tI ~ Harrisburg, Pa. - `~--_ ~ ~-- -~3 __ ~ hereby certify that I am the sole owner of the business known as ___._ ....__.____... _.......___.___,_____._.__._,~ '`~-~-~.~~ ~~~ ~ ...__ which is a trade name used by me, and is registered under the Fictitious Name Act. Checks, notes, drafts, acceptances, and orders for the payment of money, when signed by me, maybe charged against this account anti! further notice. WITNESS: Registered: C - -----~--- ._ (SEAL) 1n Harrisburg, Pa. _ _ , i9._.-Verified by C~DMMERGE BAPtKl~I~RRISBURG, NA -- ~Ar~tount Holder Name{s): MICHAEL BAARETT ~ signatures t,f Authorised Individuals. This Agre~emertt is subject to all terms below. MI ~~ (Signatures and printed names flf each st~COt~nt si~~ner} `fhb Authorized tndividuai(s) si~ninq above a rae~sj, lolntiy and severally it multiple ss9nars. tt~ the Uerrns set torah in the Deooslt ACGtyunt Agreement and~SClosure, the Timo Cartiii~8ti>! of Deposit and Ai7r+aentertt {if appliGitiblaj, the Kate and F-ea ~c;7ettuie, the Funds Hvaiiaoul[y YOll~y Lhs¢losure ana [ne Ct6CitjbMC runa~s Transfer A9nserxtent and Di~Clt~sure if requostett t}e6ow. as amended by the Finarrclal IrtdStxtutian ircim time to time. Each of the Authorized IadividuatRs} siflning also aaknc~wledpg that the Financial institution provided at least one copy of these doposit accatnt documents. The Authorized Signer(s) understand{sj accounts opened after 3:OD PM are dated effective thQ next business day. Account Purpose: Consc,mer EFT Servic€s: Yes ,ACCOUNT (31NN~FtSHtP inriividual ACCOUNT TYPE '1i'''E~ +Checking ..ACCOUNT NUMBER 5132~451~13 ENEa 6Y ~usTUSnznor~as.~ Date Opened Dine Aevise~d Upanang BAposit ATM 1r!ediirid ey Account Famrerly With Card Od-1 ~-01 ~1, 000.0 _ M ChexSystems 5 Date GJassd ClOminy Balance _ Closed sy Reason For (:Iasinp Staterreen# Sonriee Chg t]iSposltjOn Disposition Mail Wailre~d D~oei7 rats, qeg U.3. Pac i T_lt. nfF., vsr. a_au.oi.na~o+s m zs7is.09,o~.0¢ (a- 2oDl cFl r~«vFc«, u,c. An wphn aer.ry+,n v~ • PA L709S.73 la' The followin inforrYtation nay be used to further identify inciividuaE(s~ for telephr~rie instructions, urge transactions, ar if a signature varies. MMN=Mother's Maiden Name Name: MICHAEL BARRET'i' SSN: 462-25-6669 Street: 3~5 DEERFIELD RC?AD, DA~'!p HILL, PA t701 i~ Mailing. Phone: tN~: ~717j 975 9626 (1~1r~: ( ) - Jab: SELF' D{~B: OAJ'i 8J19$U ID: 2570(1440 hAhtI1V: A Name: SSN: Strut- Mailing: , . ,1:~ Phone: (H~: t1N): Job: ~ +~. ~ DOB. ID: ~ .~ ,~ r:,.-, ~~~ TIN~ACKUP WITHHCILDIMG Reporting SSN: 46~-2$-6669 Important: Under penalties of perjury, I c~ertfy that the number shown above is nay caorrect t2txpayer id~entifi~Ca#ion n~annber artd that (cheek appropriate tx~x~: I am not subject to backup withholdlrag, because I am exempt #rom backup withholding, or because I have not been nati#ied by the IRS that I am subject to backup withholding as a result of failure to report all interest or dividends, or because the tl~S has notified me that l am no jonger subject to backup ~rithholding. Q I am subject to backup withholding. Q ! am not a United States citizen or Signature afi Authorized individual: Uai+e Ihr lidt(rivinpT in1`urrrl.;tti4x4 -n!YV t)r ustli t(t fuaht.r itlc•nliiY intilvh•'u;tls rul' telt`p!xlnr• inctlt:la:r,Nts. larl;c ;ran. :I1:11UnA. /lr if a silg+alA,rt• Y•:4rirs. n.1a1•a-til+;itlcr's ~V.,tidPn N:Irnc N,~ta)c,. tt ~.1 Sheer.: ~`~...`~-E~-'~.. `,,_,QI\rvl.-Y.Li-f7~y~„a,~/ `.} ~'" _"~••-_ F'hOrln: fHl, ``'`sc~...7 ~.._!L_.cT-'Il+~.,... "C:Ir, .J\,.1.+~.a,..Y._._ I++h (`~ ICS. r;{ a CERTIFlCJt7E 1OF ~IIJTHgRl7Y I'i.tte: 'n11F 1Yt{iYklIVII55Ifp)Ir1It1 YYtI'W YYYq 4MI1,'(Y Ihii ({:klYY1:Y'll, jV11tII'i .Ykr JhMW.ilk".II f11lYl I:Y;'IIpI[I'11?x' all Y.rYllfq I I.111.N:Y I. Y'YIIIl :q1('I ~Y!,y WnIY1r11[ fil::trK';II Ilwlikaknl 91x1: I. '[Ix 4aW'eJ urI r.°n1111nr n,Y4Y.'.Yrxl \N II II!'YY Yd II'q' '[LL'P°i.IA fhll(LS R 4IYM'q f/I IlY" dfl; py4 5)t'{;!. '41I :Ik''JYII'Y;y1I'M WII Y V\!LYYM:'Y •:11\: 411q%iah {1C I1 YN. 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Commence • Bank CAMP HILL, PENNSYLVANIA 17011 • MEMBER FDIC CERTIFICATE OF CORPORATE RESOLUTIONS We, the undersigned, do hereby certify that we are respectively the President end Secretary of a corporation, and that the Board of Directors of the said corporation unanimously end in writing consented to the following actions the day of , 19 ^ II checked here the following borrowing resolutions were adopted: "RESOLVED, that it is to the best Interest of this Bank (herein referred to as "Bank';) such sums as maybe i "RESOLVED, that to borrow or otherwise obteln credit from time to lime from Commerce Mme to time for the transe~tlon of the business of thle corporation; and N is further or any one or more of them be and they are hereby authorized and empowered, on thla corporation's behalf to execute any end all egreementa, notes, papers and documents as may from time to time be reouired by said Bank, upon any matters or transactions arising, or in connection with any financial arrangements with this corporation; end it is further "RESOLVED, that any of the above named be and they are hereby further authorized end empowered to enter Into end to execute on thin corporation's behalf any pledge, assignment, mortgage, hypothecation of any of the assets, both tangible end Intangible end real end personal owned by This corporation, as security for ell sums now or hereafter to be borrowed from Bank and any other obliget!on to Bank; and It is further "RESOLVED, that any of the above named be and they are hereby authorized end empowered to do and perform etl such other acre snd things deemed by any one or more of them, convenient or proper to carry out, modify or supplement any agreement or egreementa made with said Bank, hereby ratifying, approving and confirming ell that any of them have done or may do in the premises; snd It is further "RESOLVED, that any officer, agent, or nominee df Benk la hereby authorized and empowered to endorse the name of this corporation to any and all checks, notes, drafts and other instruments or ordero for the payment of money; payable to thla corporation or Its order, to deposit same In any account of Bald Bank; and to deal with any and all such checks, notes, drafts end other Instruments or orders for the payment of money and the proceeds thereof as the property of said Bank; and it is further "RESOLVED, that any bank, banker, trust company or any other financial institution be, and they hereby ere authorized end requested to receive for deposit to the credit of said Bank, without further Inquiry, sll such checks, notes, drafts end other orders or Instruments for the payment of money payable to this corporation or its order, and thatsaid banks, bankers, trust company orfinancial Inatftution, shell be under no Ilebility to this corporation for the disposition which sold Bank may or shall make of the sold instruments or the proceeds thereof; We certify that the following signatures are the true and correct signatures of the above named end thst they were duly elected to the below offices and still hold sold offices, exercising the full autfiority thereof: 1n SIGNATURE NAME TITLE ~/ l~ \. ,~JI ~~---' ~ aE ~ ~ARc~='~ 1~- Res . ^ It checked here the following checked resolutions were adopted: "WHEREAS, , a corporation (herein referred to as "Debtor"), is dealrous of entering into transactions with Commerce Bank (herein referred to as "Benk"), whereunder Benk vglll make loans end advances or otherwise extend credit to Debtor; and The following resolutions were adopted in any case: "RESOLVED, that any of tfie above named and any officer of fhfa corporation or any one or more of them be, and they are hereby'authorized, empowered and Qire.:ted to enter into and execute on behalf of this corporation and deliver to Bank, this corporation's agreement that all actions or proceedings between this corporation and the Bank shall be litigated only In courts having sftus within the Commonwealth of Pennsylvania and such agreement may include a consent to the jurisdiction of any local, state or federal court located within the Commonwealth of Pennsylvania end waive the personal service of any and all process upon this corporation end consent that all such service or process may be made by certified mail, return receipt requested, to this corporation; and it is further "RESOLVED, thet,any one or more of the agreements, notes or other Instruments or documents to be executed by corporation In favor o1 Bank may contain a warrant of attorney authorizing Bank to confess judgment against this corporation for all sums due or to become due by this corporation to Bank." ^ If checked here the following deposit resolutions were adopted: "RESOLVED, that an account in the name of .this corporation be opened/cont(nued with Commerce Bank for the deposit in said Bank to the credit of this corporation from time to time of any and all moneys, checks, drafts, notes, acceptances, or other evidences of indebtedness, whether belonging to this corporation or otherwise, which may be or hereafter come into possession and that the said Bank be and is hereby authorized to make payment from the funds on deposit with it upon and according to the checks, drafts, notes or acceptances of this corporation signed by (if a combination of signatures is required, please indicate). SIGNATURE NAME T17LE ~ {`~~~ha~~ ~A~~ _ ~R- and it Is further; "RESOLVED, that any one of the eforementloned persons having authority to sign on behalf of this corporation is hereby authorized to endorse Checks, or other Instruments, for deposit, or for collection, cash or discount; and to waive, demand, protest and notice of protest or dishonor in connection with any such Instruments made, drawn, accepted orendorsed on beheH of this corporetlon; and to give orders to Bank to stop payment of any checks ar other Instruments or other orders and to cancel any ordere, and it to further "RESOLVED, that the'auihority conferred by the foregoing resolution stYSll continue until revoked by the Board of Directors of this corporation, but said Commerce Bank shall be fully protected in acting on such authority and in recognizing as the officer. . of th is corporation the person .:.from time to time so certified to It under the seal of this corporation by the secretary of this corporation, and shall not be charged with notice o1 the revocation of such authority or the removal of such person ... from ofllce unless and until it shall have actually received a certificate under the seal of this corporation from its Secretary setting lorth such revocation or removal." We further certify that the foregoing resolutions remain in full force end effect, and have not been rescinded or modified. We further certify that neither the certificate of Incorporation of the geld corporetlon nor arty amendments thereof, nor any bylaws of the corporation, require the consent of any shareholders to mortgage, and/or assign and/or pledge any or all assets of the corporation. I N W I TN ESS W HER EO F, we have hereu nto set our hands as President end Secretary of said corporation and a ttix the corporate seal, by order of the Board of Directors this day of 19 r ~ Prasid~N Secretary (CORPORATE SEAL) ~ ~ ~ G :~,. ~,,.~ rt rti{~ cn ra ~~.~ 1 .. -< .. ~`~ WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Robert S. Blau, Esquire Attorney I.D. No. 47071 2000 Market Street, 13t" Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, v. N0.06-2278 MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 ; Defendants. PRAECIPE TO DISSOLVE AND DISCONTINUE ATTACHMENT AGAINST AMERICHOICE FEDERAL CREDIT UNION To the Prothonotary: Kindly dissolve and discontinue the Union in the above-referenced matter. ~~ Date: Federal Credit LAGHER S IMP S ON FIRES & NEWBY LLP S. Blau qui r Plaintiff ~ ~~. C> try ~' u ~y :~ = ~ -~ ~ Ica ~ C/ ry ~~ - +~ f i ~~ . ~._i' ~..~" t.,., ~ ,fir / -+'e:. WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP Robert S. Blau, Esquire Attorney I.D. No. 47071 2000 Market Street, 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, v. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants. N0.06-2278 PRAECIPE TO DISSOLVE AND DISCONTINUE ATTACHMENT AGAINST CITIZENS BANK To the Prothonotary: Kindly dissolve and discontinue the attachment against Citizens Bank in the above- referenced matter. espe lly sub fitted, W ER LAGHER SIMPSON FIRES &NEWBY LLP ~\sln t Date: ~Q Robe au, Esquire Attorney for Plaintiff ~~' "O w bW ~`.' "`~~ n e- ~ ~.' , ~~ nos" ~ r ~ ~= ~ ~~ .~ ~~ ~ ' ~ ~ WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Robert S. Blau, Esquire Attorney I.D. No. 47071 2000 Market Street, 13`h Floor Philadelphia, PA 19103 (215) 972-7900 Attorney for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street : Philadelphia, PA 19109 Plaintiff, v NO. 06-2278 MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Wachovia Bank, N.A., by and through its attorneys, Weber Gallagher Simpson Stapleton Fires & Newby LLP, hereby requests that the judgment SATISFIED. Dated: `' ~ ~ ~ ~ ~v ~s Robert S. Blau, Esquire Attorney for Plaintiff Wachovia Bank, N.A. N :4. (~ t'Cr r ~ ~ "C7 }~tl f--- ~ _::. -~ „~~.. [ ~` ~ ~ 'z..0~ ~Jf J ~ ty ~ ~ + t L~ ~ Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Advance Costs: 1157.44 Sheriff's Costs: 1157.44 Docketing 18.00 $ 0000.00 Poundage 900.00 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 09/08/06 Mileage 50.16 Surcharge 80.00 Levy 80.00 Certified Mail Post Pone Sale Garnishee 27.00 Postage .78 ~ ~d'' ~d ~° ` TOTAL $ 1157.44 ~ / So Answers; R. Thomas Kline, Sheriff ~l c~ 0 ~. a-~,- By Claudia A. Brewbaker ~~ ~ ~~~~z ~ ~~~~~5 J °V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2278 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, N.A., Plaintiff (s) From MICHAEL A. BARRETT, 706 MOORES MOUNTAIN ROAD, MECHANICSBURG, PA 17055 AND BARRETT COMPANY, INC., 1525 CEDAR CLIFF DRIVE, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON PROPERTY OF THE DEFENDANTS -SPECIAL INSTRUCTIONS FOR LEVY AT BUSINESS PREMISES, SEIZE ALL CONTENTS OF EACH CASH REGISTER . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of CITIZENS BANK, 1510 CEDAR CLIFF DR., CAMP HILL, PA 17011 -COMMERCE BANK, 1120 CARLISLE RD., CAMP HILL, PA 17011 -- AMERICHOICE FEDERAL CREDIT, 2175 BUMBLE BEE HOLLOW RD., MECHANICSBURG, PA 17055 -SERVE INTERROGATORIES GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $130,184.97 Interest FROM 4/24/06 - $2,289.80 Atty's Comm Atty Paid $149.39 Plaintiff Paid Date: AUGUST l 1, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURT ONG Prothonotary By: Deputy REQUESTING PARTY: Name ROBERT S. BLAU, ESQUIRE Address: WEBER GALLACHER SIMPSON STAPLETON FIRES & NEWBY LLP 2000 MARKET STREET, 13TH FLOOR PHILADELPHIA, PA 19103 Attorney for: PLAITNIFF Telephone: 215-972-7900 SUPREME COURT ID N0. 47071 WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP Robert S. Blau, Esquire Attorney I.D. No. 47071 2000 Market Street, 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Wachovia Bank, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW WACHOVIA BANK, N.A. 123 S. Broad Street Philadelphia, PA 19109 Plaintiff, v. MICHAEL A. BARRETT 706 Moores Mountain Road Mechanicsburg, PA 17055 and BARRETT COMPANY, INC. 1525 Cedar Cliff Drive Camp Hill, PA 17011 Defendants. NO.06-2278 PRAECIPE TO DISSOLVE AND DISCONTINUE ATTACHMENT AGAINST COMMERCE BANK To the Prothonotary: Kindly dissolve and discontinue the attachment against Commerce Bank in the above- referenced matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STnAPLETON (F~Il~t~~E~S &NEWBY LLP Date: ~.0 0 K t~~ ldlX~tl~fGG(,~N Robert S. Blau, Esquire Attorney for Plaintiff V w °~i 4 G ~ ~ ~ 4 ~~~ ~ ,C~ .. ~! ~ ~~ r , ew. . tea! ..~