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Home My WebLink About01-5020Benjamin F. Riggs, Jr. Counsel P,O. Box 1711, Harrisburg, PA 17105-1711 (717) 818-4518 Fax (717) 852-7936 IN THE COUI~T OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA ClVIL ACTION WAYPOINT BANK FIK/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. CHARLES L. NOEL PAMELA L. NOEL Defendants Confession of Judgment CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached hereto, I appear for the above Defendants and confess judgment in favor of the Plaintiff and against the Defendants, as follows: Principal Balance Interest through 8-24-01 Late Charges Reasonable Attorneys Fees (10%) $21,077.43 $ 584.88 $ 356.98 $ 2,107.75 Total $24,127.04 Judgment entered as above. By: Benja~n-inJF. Rig 9~,¢,(~/ Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 Benjamin F. Riggs, Jr. Counsel RO. Box 1711, Harrisburg, PA 17105-1711 (717) 8154518 Fax ~7936 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK FIK/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. CHARLES L. NOEL PAMELA L. NOEL Defendants Confession of Judgment COMPLAINT AND NOW, to wit, this ~,~'7 ~ day of August, 2001, comes Waypoint Bank, Plaintiff, by and through its attorney, Benjamin F. Riggs, Jr., and files this Complaint upon a cause of action whereof the following is a statement: 1. The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 235 North Second Street, Harrisburg, Pennsylvania. 2. The Defendants, Charles L. Noel and Pamela L. Noel, husband and wife., whose address is 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. That attached hereto and incorporated herein by reference thereto is a copy of the original instrument executed by the Defendant authorizing confession of judgment (Guaranty dated April 8, 1999). 5. a "consumer credit transaction" Chapter 2950, Rule 2951(a)(2). The attached instrument has not been assigned. That the judgment to be entered does not involve a loan defined as in accordance with Annex A. to Title 231, $24,127.04 6. That judgment has not been entered on the attached instrument in any jurisdiction. 7. The attached instrument provides for confession of judgment against the Defendant, at the Plaintiff's option. Plaintiff has exercised its option to confess judgment pursuant to the terms of the instrument for an amount which the Defendant may become liable. 8. As a consequence of the foregoing, the Defendant is liable to the Plaintiff as follows, as of August 24, 2001: Principal Balance $21,077.43 Interest through 8-24-01 $ 584.88 Late Charges $ 356.98 Reasonable Attorneys Fees (10%) $ 2,107.75 Total WHEREFORE, Plaintiff Waypoint Bank demands judgment against the Defendant in the total sum as authorized by the Warrant appearing in the attached instrument. By: Benjami~ F. P~ig~'/.~l~. Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 COMMERCIAL GUARANTY References in the shaded area are for Lender's use only, and do not limit the applicabilih/of this document to any particular loan or item. Borrower: Hoop-Nct Tour Productions, Inc. 2~0 Oak Grove Court Mechsulcsburg, PA 17055 Guarantor: Charloe L. Noel and Pamela L. Noel 260 Oak Grove Court Mnchanlcsburg, PA 17055 Lender: Harris Savings Bank 234 N. Second Street P O Box 1711 Harrisburg, PA 17105 AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, Charles L. Noel and Pamela L. Noel ("Guersutor") absolutely and unconditionally guarantee and promise to pay, jointly and severally, to Harris Savings Bank ("Lender") or Its order, tn legal tender of the Unltod States of America, the Indefitodoese (as that term Is defined below) of Hoop-Net Tour Productions, Inc. ("Borrower") to Lender on the terms and conditions set forth In this Guaranty. Under this Guaranty, the tishlllty of Guarantor is unllmltefi and the obligations of Guarantor are continuing. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word "Borrower" means Hoop-Net Tour Productions, Inc.. Guarantor. The word "Guarantor" means Charles L. Noel and Pamela L. Noel, who are signing this Guaranty jointly and severally. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated April 8, 1999. Indebtedness. The word "Indebtedness" is used in its most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations, debts, and indebtedness to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquideted, determined or undetermined; whether Borrower may be liable individually or joinfiy with othem, or primarily or secondarily, or as guarantor or surely; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises fi.om transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. Lender. The word "Lender" means Herds Savings Bank, its successom and assigns. Retctefi Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. NATURE OF GUARANTY. Guarantor's liability under this Guaranty shall be open and continuous for so long as this Guaranty remains in force. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness. Accordingly, no payments made upon the Indebtedness wilt discharge or diminish the continuing liability of Guarantor in connection with any remaining portions of the Indebtedness or any of the Indebtedness which subsequently arises or is thereafter incurred or contracted. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors individually, against any group of Guarantors, or against all the Guarantors in one action, without affecting the dght of Lender to prcceed against other Guarantors for amounts that are covered by this Guaranty. Any inability of Lender to proceed against any Guarantor (whether caused by actions of a Guarantor or of Lender) will not affect Lender's right to proceed against any or all remaining Guarantors for all or part of the amounts covered by this Guaranty. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have bean fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by cerfitied mail, at the address of Lender listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's wdtten revocation. For this pu;posa and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. Notice of revocation shall be effective only as to the particular Guarantor providing the notice, and shall not affect the liability of other guarantors. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's wrlften notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind the estate of Guarantor as to Indebtedness created both before and after the death or incapacity of Guarantor, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lender fi.om any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It la anticipated that fluctuatlonc may occur In the aggregate amount of Indebtedness covered by this Guaranty, and It la specifically acknowledged and agreed by Guarantor that reductions in the amount of Indebtedness, even to zero dollars ($0.00), prior to written revncatlon of this Guaranty tiy Guarantor shall not constitute a termloetion of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long ss any of the guaranteed Indebtodoess remains unpaid and even though the Indebtedness guaranteed may from time to time I~e zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without leesonlng Guarantor's liability under this Guaranty, from time to time: (a) prior to revocation ss eat forth above, to make one or more additional secured or unsscured loans to Borrower, to lease equipment or other goods to Borrower, or ofherwlea to extend eddltlanal credit to Borrower; (hi to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtodoess or any part of the Indebtedness, Inclutilng Increases and decreases of the rate of Interest on the Indebtednsss; extenalooe may be repotted and may be for longer than the original loan term; (c) to take and hold eacorlty for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordlcate, fall or decide not to perfect, and release any such sscurlty, with or without the suhatltution of new collateral; (d) to release, subetltuts, agree not to sue, or deal with any one or more of Borrower's ~--~lum~n9 slql jo p~d · eJe SUOlSl~oJd snoeuslleOstu~ ~llOj eql 'SNOISIAO~d .... 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la~eug eql ~1eP eql jo se ~lum~n9 to uo~puoo i~oueuu eql lue~d pug ~J Iepelew I1~ u! ~oo pue en~ eq II!~ pue si ~u~ ol pep~o~d eq I1~ qOlq~ uo~ew~ojul le~u e~nlnt lie pus 'u~ uo~gm~oiu~ IelOUeUU q~s II~ pu~ '~epue3 ol elq~ld~e w~ ul uo~aw~otu! l~pmo pue le!~eug ~epue3 ol ~Ao~d I1~ ~lum~9 'l~bm s,Jepue3 uodn ~) '.ule~l ~u~ Xue ~o '~e s,~olue~ jo I1~ Xll~U~sqns ~o lie ~o e~lp ~1o ~o '~etsuml 'el~eqlo~q '~eqwn~e 'usage '~1 '1~ '~ep~3 to lu~uoo u~p~ ~opd eql ~oqlt~ '1ou II!~ pue lou s~ ~otumen~ (e) ~umen~ ot elq~O~ldde ~ep~o Jo ~ pnoo 'uo~eln~ '~1Xue uo~e~ e u~ lln~ ~u op pus ~lumen9 uodn 5u~pu~q luewmlsu~ ~e~o m 1u~Se Xue ~un ~ln~ ~ u~ lln~ ~o qil~ l~Uuoo tou op ~umen~ jo suols~o~d ~ (p) '.~ue~ s!ql olu! ~elue ol ~poqlne pue lq~ '~e~od Ilnl ~q ~olumen9 (o) :~epue3 jo l~nbm ~1 le lou pue le ~In~ ~ ~um~ s~ql (q) '.aue~en9 s!q~ to sw~el eql ~ Xue ul ~ll~b ~o l!w~l plno~ qo!q~ ~olue~en9 ol epew u~q ~ uB~ ol (~) P~ ~eu~lq~Ul e~l lo ~ X~ ~o I~ ul eUOl~lO~d lus~B ~o 'u6~ 'J~usJi '11~ ol (B) ~eUlWJg~p ~w UOll~lP (p®nullUOO) L6A0009/..S8 ON ueo'l ~ a6ed A.LNVldYI'I~) 'lVlOldqlNINOO 666r-~O-t,O · ~04-08-1999 COMMERCIAL GUARANTY Page 3 Loan No 8876000791 (Continued) Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the maffers set forth in this Guaranty. No alteration of or amendment to this Guaranty shell be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. This Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. AUomeys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone else to help enfome this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Notices. All notices required to be given by either party to the other under this Guaranty shall be in wdting, may be sent by telefacsimile (unless otherwise required by law), and, except for revocation notices by Guarantor, shall be effective when actually delivered or when deposited with a nationally recognized overnight courier, or when deposited in the United States mail, fimt class postage prepaid, addressed to the party to whom the notice is to be given at the address shown above or to such other addresses as either party may designate to the other in writing. All revocation notices by Guarantor shall be in writing and shall be effective only upon delivery to Lender as provided above in the section titled "DURATION OF GUARANTY." If there is more than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, lhe words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender'' include the heirs, successom, assigns, and transferees of each of them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or ucenforceeble as to any person or circumstance, such finding shall not render that provision invalid or unenforceable es to any other persons or circumstances, and ell provisions of this Guaranty in all other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations or partnerships, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting to act on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. waiver. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in wdting and signed by Lender. No delay or omission on the part of Lender in exemising any right shall operate as a waiver of such dght or any other dght. A waiver by Lender of a provision of this Guaranty shell not prejudice or constitute a waiver of Lender's dght otherwise to demand stdct compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A'CrORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN A'ITORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THiS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO ANY OF GUARANTOR'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDG,MENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, bEVY OR OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE LIEN OF St.)CH JUDGMENT SHALL EXTEND TO SUCH RESIDENTIAL REAL PROPERTY AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO EXECUTE; LEVY OR PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CC!N.'[EMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2986 OF THE PENNSYLVANIA RULES 0F CML PF~3CEDURE ~F{ SUCCESSOR OR SIM LAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEVY O~ OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED O ~'~='HER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES 3'0 ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DE~.IVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL 9, 1999. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARANTOR: 1N:I~Do::r'IN~ON)IOV 'IYI"IQIAIONI leON "1 elemed leON "1 ~elmqo (penu!tuo3) eo ~LNVUVRO 'IYIDU=I~iNOD 666 L-80-1~0 DISCLO[ FOR CONFESSION OF, - GMENT References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Borrower: Hoop-Net Tour Productions, Inc. 250 0~ Grove Court Mechanlcsburg, PA 17055 Guarantor: Charles L. Noel and Pamela L. Noel 250 Oak Grove Court Manhanlcsburg, PA 17055 Lender: Harris Savings Sank 234 N. Second Street P O Box 1711 Harrisburg, PA 17105 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~ DAY OF ~ ,19 9~, A GUARANTY FOR AN UNLIMTED AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY~ BEING FUU.Y AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTB. LIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRES-~I.Y AGREE AND CONSENT TO LENDER'S ENTERING JUDGM~GAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: ~.~.~_.,,) B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDERTHE RIGHTTO ENTER JUDGMENT AGAINST ME WITHOUT ADVA"CE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT aY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LEND 'I!SRZS..EXECUT1NG ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS~ C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLy CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFFI~ _:: x :.i::.i:.?:i::?:i SEAL} Charles L. Noel (SEAL) ..-1-~amela L-Noel- v'' LASER PRO, Reg. U.S. Pat. & T.M. Off., Var. 3.26b (c) 1999 CFI Pr oServices, Inc. All rights reserved. [PA-D30 F3.26 HOOP.LN C2.OVL] 0 o VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Vice President of WAYPOINT BANK, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: WAYPOINT BANK Benjamin F. Riggs, Jr. Counsel P.O. Box 1711, Harrisburg, PA 17105-1711 (717) 815-4518 Fax (717) 852-7936 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK FIK/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. CHARLES L. NOEL PAMELA L. NOEL De~ndan~ Confession of Judgment Commonwealth of Pennsylvania County of York Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendants above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendants Charles L. Noel and Pamela L. Noel's last-known address is 250 Oak Grove Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. Sworn and subscribed before me thiso3'~ ~'-day of August, 2001 Notary Public My Commission expires: Benjaminr~'. Ri~'r., Attorney for Plaintiff I.D. No. 72030 Sandra M. Aulbach, No~ Public City of Yo~k, YOl~ County My Cn~misslon Expires May 23, 2005 Benjamin F. Riggs, Jr. Counsel RO. Box 1711, Harrisburg, PA 17105-1711 (717) 815-4518 Fax (717) 852-7936 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK FIK/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS, CHARLES L. NOEL PAMELA L. NOEL Defendants Confession of Judgment OFFICE OF THE PROTHONOTARY OF YORK COUNTY CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise mailing address of the Plaintiff is: P. O. Box 1711, Harrisburg, Pennsylvania 17105-1711 I hereby certify that the precise mailing address of the Defendants, Chades L Noel and Pamela L. Noel is: 250 Oak Grove Court, Mechanicsburg, Pennsylvania 17055 By: BenjamirCTF. Ri'g g~, '4~. Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 Benjamin E Riggs, Jr. Counsel P.O. Box 1711, Harrisburg, PA 17105-1711 (717) 815-4518 Fax 717~,~-7936 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ClVIL ACTION WAYPOINT BANK FIK/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS, CHARLES L. NOEL PAMELA L. NOEL Defendants Confession of Judgment NOTICE OF DEFENDANTS' RIGHTS TO: Charles L. Noel , Pamela L. Noel 250 Oak Grove court Mechanicsburg, PA 17055 A judgment in the amount of $24,127.04 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by your. 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 T A JUDGE WITHIN THRITY (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 LAVVYEER AT ONCE. IF YOU DO NOT HAVE A.LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 OCO~/'ON 'a'l 8~gt-g~8 (z~z) :euoqd ~ I,/_ ~-gO I,/~ Vd 'J~Jnqs!JJeH 1, I,Z.I, xoIB 'O'd ~,~JiS puoo~s qlJON g~ ~p,U!eld Jo~ ~uJo~v gg0ZL Vd 'BJnqso!ueqoelAI ]Jnoo a^oJ~D ~leO IaON '-I elaLUed laON '-I $alJeqO :SMOIIOJ se 'L00g '1sn§nv jo ~ep -~ ~-----~- aql uo 'siuepu~jaa aql uo 'p!edaJd a§elsod 'l!euJ sselo isJg se IlaM se 'paisenbgJ ld!aoaJ uJnlaJ 'l!euJ sselo jsJg ~q Je~eLU peuo!ldeo e^oqe eql u! Pel§ slq6!EI ,sluepue~ea jo eo!loN eql ~o ~doo ioeJJOO pue emi e pe~JeS I 1eq~ puooes qlJON gSE jo )tues iu!od~eM ~J!~U!elcl JOj/[eUdOl~e 'eJ!nbs:l "Jr 's66!~1 '-I U!LUe[ue~3 '1 'L00E 'lsn6nv~o ~ep -~LC= s!ql 'I!M Oj 'MON C]NV =101^1:1::1S dO gJ.¥DI=IIJ.~F:IO ~,u®tuBpnl- Jo uo!ssa~uoo 'ON sluepuateO 'lgON "1 ¥'lglhlVd -IgON '-I Sg'II:IVHO aap, u!eld )INY8 S~)NIAYS SI~I~IYH QNV NOIJ.¥1DOSSV NVO-I QNV S~)NIAVS 'lVt=F:IQ3d )1t90A HN~I3 J. NIOdAYM NOI~DYqlAID VINYAqASNNgd '2~LNnOO QNV-1~3Gfl~D dO SVgqd NOfl~OOdO £~flOO 31'U. NI Benjamin F. Riggs, Jr. Counsel P.O. Box 1711, Harrisburg, PA 17105-1711 (717) 815-4518 Fax (717) 852-7936 --]I~TRE-b'"OBI~T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. CHARLES L. NOEL PAMELA L. NOEL Defendants Confession of Judgment NOTICE OF FILING JUDGMENT ( ) Notice is hereby given that a judgment in the above-captioned matter has~b,~en entered against you in the amount of $ 24,127.04 on the ¢~--~"'day of August, 2001. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Div. If you have any questions concerning the above case, please contact the following party: Benjamin F. Riggs, Jr. (I.D.#72030) Attorney for the Plaintiff 235 North Second Street P. O. Box 1711 Harrisburg, Pennsylvania 17105-1711 Telephone: (717) 815-4518 (This Notice is given in accordance with Pa.R.C.P. 236.) Notlc Charles L. Noel Pamela L. Noel 250 Oak Grove Court Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff VS. No.: 01-5020 CiviITerm CHARLES L. NOEL PAMELA L. NOEL Defendants PRAECIPE TO DISMISS AND SATISFY Please dismiss and satisfy the judgment that was filed on August 28, 2001 in the amount of $24,127.04 in relation to the above-referenced matter. Benjamin'. Riggs,Uj~ Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030