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HomeMy WebLinkAbout06-6537 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION COMMUNTI'YBANKS, :DOCKET NO. ~ '"453 ~~ Plaintiff v. CONFESSION OF JUDGMENT MANUEL E. CORDIERO and DRENDA S. CORDIERO Defendants :PREVIOUSLY ASSIGNED TO: N/A CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a which is attached to the complaint filed in this action, I appear for the Defendants and judgment in favor of the Plaintiff and against Defendants as follows: I, a. Principal $166,011.56 Ills b. Interest to November 3, 2006 $ 2,213.94 c. Late Charges $ 150.00 !, d. Satisfaction Fees $ 125.00 e. Attorneys' Fees ~,425_~f TOTAL: $176,926.15, plus interest, oth l~r expenses, fees and costs ~~, Respectfully submitted, II Date: November ~ 2006 McNees Wallace & Nurick LLC By: eo ey S. Shull, Esquire upreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Comm ~~~ of COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION COMMUNITYBANKS, :DOCKET NO. ~ -(p ~ ~'~' ~~ ~ Plaintiff v. CONFESSION OF JUDGMENT MANUEL E. CORDIERO and DRENDA S. CORDIERO : Defendants :PREVIOUSLY ASSIGNED TO: N/A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The Plaintiff, CommunityBanks, is a Pennsylvania banking institution and existing under the laws of the Commonwealth of Pennsylvania with a principal regional located at 1001 Sharp Avenue, Ephrata, Pennsylvania 17522 ("Bank"). 2. The Defendants, Manuel E. Cordiero and Drenda S. Cordiero, are adult whose last known address is 505 Leeward Lane, Enola, Pennsylvania 17025 (the ` 3. Defendants executed and delivered to Plaintiff an Unlimited Continuing (the "Guaranty"), a true and correct photostatic reproduction of the original Defendants' signatures is attached hereto as Exhibit "A" and made part hereof. 4. Under the Guaranty, Defendants, guaranteed to Plaintiff the payment of all due to Plaintiff by Gardenia Landscaping Services, Inc. ("Debtor") under the Commercial V Rate Promissory Note dated January 30, 2004, in the original principal amount of One H~ Seventy-Five Thousand Dollars ($175,000.00) (the "Note"), a true and correct phot reproduction of the original is attached hereto as Exhibit "B" and made part hereof. .L~~ '). the • 5. Debtor is in default of Debtor's obligations to make payment to Plaintiff as in the Note and Defendants are in default of Defendants' obligations to make payment to under the Guaranty. 6. As a result of Debtor's and Defendants' defaults, Plaintiff has accelerated all outstanding amounts as provided in the Note, which are now due in full. 7. Judgment is not being entered by confession against a natural person in with a consumer credit transaction. 8. There has not been any assignment of the Guaranty or the Note. 9. Judgment has not been entered... on the Guaranty in any jurisdiction. 10. An itemized computation of the amount due to Plaintiff by Defendants as a Defendants' default under the Guaranty is as follows: a. Principal $166,011.56 b. Interest to November 3, 2006 $ 2,213.94 c. Late Charges $ 150.00 d. Satisfaction Fees $ 125.00 e. Attorneys' Fees $. R,425.Of TOTAL: $176,926.15 11. Interest continues to accrue at the rate of $38.04 per day. WHEREFORE, Plaintiff, CommunityBanks, demands judgment against the Manuel E. Cordiero and Drenda S. Cordiero, in the amount of One Hundred Seventy-Six Nine Hundred Twenty-Six and 15/100 Dollars: ($176,926.15), plus interest at the rate of $38 day through the date of payment, including on and after the date of entry of judgment of of Pte' this Complaint, and for other expenses, fees and costs to which the Plaintiff maybe entitled. Respectfully submitted, McNees Wallace & Nurick LLC Date: November ~ 2006 By: off, Esquire ID #24848 100 Pine"Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Attorneys for Plaintiff, Comm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CONA~IL7NITYBANKS, Plaintiff DOCKET NO. v. MANUEL E. CORDIERO and DRENDA S. CORDIERO Defendants CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Raymond Granger, Special Assets, for CommunityBanks, being authorized to do on behalf of CommunityBanks, hereby verify that the statements made in the foregoing pleading az true and correct to the best of my information, knowledge and belief. I understand that false slat eats herein aze made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsificati n to authorities. Date: ~/ ~ ~~ C011~IlVI[TNTTY BANKS By: --~ CommunityBanks Community Banks 2796 Old Post Road Harrisburg, PA 17110 (717) 909-3400 "LENDER" UNLIMITED CONTINUING GUS GUARAN70R'_ BCIFi'F~t~11N~fi " Manuel E. Cordiero Gardenia Landscaping Services, In . Drenda S. Cordiero ADDRESS AQDlt~$S 505 Leeward Lane 1069 Vain Lakes Drive Enola, PA 17025 Harrisburg, PA 17111 TELEPFIONENO: 'IDENTIFICATIQN.tJO. TELEPHONE.NO. -IDENTIFECATION'.NOi: ; 1. CONSIDERATION. This Guaranty is being executed to induce Lender, indicated above, to enter into one or more loans or other finan ial accommodations with or on behalf of Borrower. 2. GUARANTY. Guarantor hereby unconditionally guarantees the prompt and full payment and performance, and promises to pay all f Borrower's present and future, joint and/or several, direct and indirect, absolute and contingent, express and implied, indebtedness, liabilities, oblig tions and covenants (cumulatively "Indebtedness") to Lender when due (whether upon maturity or by demand, acceleration or otherwise). Guarantor's liab lities and obligations under this Guaranty ("Obligations") shall be unlimited and shall include all present and future written agreements between Borrower nd Lender (whether executed for the same or different purposes than the foregoing), evidencing the Indebtedness, together with all interest and all of L nder's expenses and costs, including but not limited to reasonable attorney's fees incurred in connection with the Indebtedness including any ame dments, extensions, modifications, renewals, replacements or substitutions thereto, includina. but not limited to. the fnllnwinn Inriah+o~lnoee• tNTEREST RATE PRINC„IPAL AMOl1NT/ C}tEF?fT LllytiT t=UNQJN AC:REEfutdJT DATE TVRI C ME DATE NUMt1EFt L RN I~} 4gER VARIABLE $175,000.00 01/30/04 01/30/24 _ 0910592 3. SECURITY INTEREST. ~ If checked, the Obligations under this Guaranty are secured by the collateral described in any security in trument(s) executed in connection with this Guaranty and any collateral described in any other security instrument(s) securing this Guaranty or all of Guaranto 's obligations. 4. ABSOLUTE AND CONTINUING NATURE OF GUARANTY. Guarantor's Obligations are absolute and continuing and shall not be a acted or impaired if Lender repeatedly and unconditionally amends, renews, extends, compromises, exchanges, fails to exercise or perfect rights in, im airs or releases any collateral or any of the Indebtedness owed by any Borrower, Co-guarantor or third party (even if such impairs Guarantor's rights of subr gation) to Lender or any of Lender's rights against any Borrower, Co-guarantor, third party, or collateral. In addition, the Obligations shall not be affects or impaired by the discharge (including but not limited to any inability to collect a deficiency judgment against) death, incompetency, termination, di olution, insolvency, business cessation, or other financial deterioration of any Borrower, Guarantor, or third party or by any state of facts or the happening fro time to time of any event, including without limitation: The invalidity, irregularity, illegality or unenforceability of, or any defect in, the promissory note or a y agreement or any collateral security for the Obligation (the "Collateral"); Any present or future law or order of any government de 'ure or de facto or o any agency thereof purporting to reduce, amend or otherwise affect the Indebtedness of the Borrower or any other obligor or any other terms of p yment; The waiver, compromise, settlement, release or termination of any or all of the obligations, covenants or agreements of the Borrower under the pr missory note or any agreement or of any party named as a Guarantor under this Guaranty; The failure to give notice to the Guarantor of the occurrence o an event of default under the promissory note or any other agreement; The loss, release, sale, exchange, surrender or other change in any Collateral; The r peated extension of the time for payment of any principal of or interest on the Indebtedness or of the time for performance of any obligations, covenants or greements under or arising out of the promissory note or any agreement or the repeated extension or the renewal of any thereof; The modification or a endment (whether material or otherwise) of any obligation, covenant or agreement set forth in the promissory note or any agreement; The taking of, or the mission to take, any of the actions referred to in the promissory note or any agreement; Any failure, omission or delay on the part of the Lender to enforce, a sert or exercise any right, power or remedy conferred on the Lender in the promissory note or any agreement; The voluntary or involuntary liquidation, diss lution, sale or other disposition of all or substantially all the assets, marshalling of assets and liabilities, receivership, insolvency, bankruptcy, assignme t for the benefit of creditors, reorganization, arrangement, composition with creditors or readjustment of, or other similar proceedings affecting the Guarant r or the Borrower or any of their assets, or any allegation or contest of the validity of the promissory note or any agreement; The default or failure of the Guar ntor to fully perform any Obligations set forth in this Guaranty; Any event or action that would, in the absence of this paragraph, result in the release or disch rge of the Guarantor from the performance or observance of any Obligation, covenant or agreement contained in this Guaranty; and, Any other circum tances which might otherwise constitute a legal or equitable discharge or defense of a surety or a guarantor. 5. DIRECT AND UNCONDITIONAL NATURE OF GUARANTY. Guarantor's Obligations are direct and unconditional and may be enfor ed without requiring Lender to exercise, enforce, or exhaust any right or remedy against any Borrower, Co-guarantor, third party, or any security or Collateral. 6. WAIVER. Guarantor hereby waives notice of the acceptance of this Guaranty; notice of present and future extensions of credit and other financial accommodations by Lender to any Borrower; notice of the obtaining or release of any guaranty, assignment, or other security for any f the Indebtedness; notice of presentment for payment, demand, protest, dishonor, default, and nonpayment pertaining to the Indebtedness and this G aranty and all other notices and demands pertaining to the Indebtedness and this Guaranty; and, any and all defenses to payment as permitted by law. 7. NATURE OF GUARANTY. This Guaranty is a guaranty of payment and not of collection, and the Guarantor hereby waives the righ to require that any action be brought first against the Borrower or any other Guarantor, or any security or the Collateral, or to require that resort be made t any security or the Collateral or to any balance of any deposit account or credit on the books of the Lender in favor of the Borrower or of any Guarantor. 8. EVENTS OF DEFAULT. An Event of Default shall occur under this Guaranty in the event that any Guarantor: (a) fails to pay any amount under this Guaranty or any Obligation to Lender when due (whether such amount is due at maturity b acceleration or otherwise); (b) fails to perform any obligation or breaches any warranty or covenant to Lender contained in any loan document or this Guar my or any other present or future promissory note or written agreement; (c) provides or causes any false or misleading signature or representation to be provided to Lender; (d) sells, conveys, or transfers rights in any Collateral securing this Guaranty without the written approval of Lender, destroys, loses r damages such Collateral in any material respect, or subjects such Collateral to seizure or confiscation; (e) has a garnishment, judgment, tax levy, attachment or lien entered or served against any Guarantor, or any of their property; (f) dies, becomes legally incompetent, is dissolved or terminated, ceases to operate its business, becomes insolvent, makes an as ignment for the benefit of creditors, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding; (g) fails to provide Lender evidence of satisfactory financial condition; or (h) causes Lender to deem itself insecure due to a significant decline in the value of any collateral securing this Guaranty, or Lend r in good faith, believes the prospect of payment or performance is impaired. 9. RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Guaranty, Lender shall be entitled to exercis one or more of the following remedies without notice or demand (except as required by law): (a) to declare Guarantor's Obligations under this Guaranty immediately due and payable in full, such acceleration shall be automatic nd immediate if the Event of Default is a filing under the Bankruptcy Code; b) to collect the outstanding obligations under this Guaranty with or without resorting to judicial process; c) to take possession of any Collateral in any manner permitted by law; d) to require Guarantor to deliver and make available to Lender any Collateral at a place reasonably convenient to Guarantor and Lend r; e) to sell, lease or otherwise dispose of any Collateral and collect any deficiency balance with or without resorting to judicial process; ~ f) to set-off Guarantor's Obligations under this Guaranty against any amounts due to Guarantor including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and LPPA209 ©John H. Harland Co. (4/14/00) (800) 937-3799 ~~ (g) to exercise all other rights available to Len* ~ '~nder any other written agreement or applicable lave Lender's rights are cumulative and may be exey ,, ,rd together, or separately, and in any order. Lend.,. „ emedies under this parag aph are in addition to those available at common law, including, but notLimited to the right to set-off. ' 10. SUBORDINATION. The payment of any present or future indebtedness of Borrower to Guarantor will be postponed and subordin ted to the payment in full of any present or future Indebtedness of Borrower to Lender during the term of this Guaranty. In the event that Guarantor receives any monies, instruments, or other remittances to be applied against Borrower's obligations to Guarantor, Guarantor will hold these funds in trust for Lender and immediately endorse or assign (if necessary) and deliver these monies, instruments and other remittances to Lender. Guarantor ogre s that Lender shall be preferred to Guarantor in any assignment for the benefit of Borrower's creditors in any bankruptcy, insolvency, liquidation, or reor anization proceeding commenced by or against Borrower in any federal or state court. 11. INDEPENDENT INVESTIGATION. Guarantor's execution and delivery to Lender of this Guaranty is based solely upon Gu raptor's independent investigation of Borrower's financial condition and not upon any written or oral representation of Lender in any manner. Guarantor ass mes full responsibility for obtaining any additional information regarding Borrower's financial condition and Lender shall not be required to furnish Guarantor ith any information of any kind regarding Borrower's financial condition. 12. ACCEPTANCE OF RISKS. Guarantor acknowledges the absolute and continuing nature of this Guaranty and voluntarily accept the full range of risks associated herewith including, but not limited to, the risk that Borrower's financial condition shall deteriorate or, if this Guaranty is nlimited, the risk that Borrower shall incur additional Indebtedness to Lender in the future. 13. SUBROGATION. Guarantor hereby irrevocably waives and releases the Borrower from all "claims" (as defined in Section 101(5) of the Bankruptcy Code) to which Guarantor is or would, at any time, be entitled by virtue of its obligations under this Guaranty, Including, without limitation, a y right of subrogation (whether contractual, under Section 509 of the Bankruptcy Code or otherwise), reimbursement, contribution, exoneration or similar righ against the Borrower, any co-guarantor, any third parry or any Collateral. 14. APPLICATION OF PAYMENTS. Lender will be entitled to apply any payments or other monies received from Borrower, any third arty, or any collateral against Borrower's present and future Indebtedness to Lender in any order. 15. TERMINATION. This Guaranty shall remain in full force and effect until Lender executes and delivers to Guarantor a w itten release thereof. Notwithstanding the foregoing, Guarantor shall be entitled to terminate any unlimited guaranty of Borrower's future Indebtedness to Lender following any anniversary of this Guaranty by providing Lender with sixty (60) or more days' written notice of such termination by hand-delivery or certified mail. Notice shall be deemed given when received by Lender. Such notice of termination shall not affect or impair any of the agreements a d Obligations of the Guarantor under this Guaranty with respect to any Indebtedness existing prior to the time of actual receipt of such notice by Le der, any extensions, modifications, amendments, replacements or renewals thereof, and any interest on any of the foregoing. 16. ASSIGNMENT. Guarantor agrees not to assign any of Guarantor's rights or Obligations described in this Guaranty without Lender' prior written consent which consent may be withheld by Lender in its sole discretion. Guarantor agrees that Lender is entitled to assign some or all of it rights and remedies described in this Guaranty without notice to or the prior consent of Guarantor in any manner. Unless the Lender shall otherwise consen in writing, the Lender shall have an unimpaired right, prior and superior to that of any assignee, to enforce this Guaranty for the benefit of the Lender, as to hose Obligations that the Lender has not assigned. 17. MODIFICATION AND WAIVER. The modification or waiver of any of Guarantor's Obligations or Lender's rights under this Guaran must be contained in a writing signed by Lender. Lender may delay in exercising or failing to exercise any of its rights without causing a waiver of those ri hts. A waiver on one occasion shall not constitute a waiver on any other occasion. 18. SUCCESSORS AND ASSIGNS. This Guaranty shall be binding upon and inure to the benefit of Guarantor and Lender and their r spective successors, assigns, trustees, receivers, administrators, personal representatives, legatees, and devisees. 19. NOTICE. Any notice or other communication to be provided under this Guaranty shall be in writing and sent to the parties at the a dresses described in this Guaranty or such other addresses as the parties may designate in writing from time to time. 20. SEVERABILITY. If any provision of this Guaranty is invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 21. APPLICABLE LAW. This Guaranty shall be governed by the laws of the state of Pennsylvania nless applicable law provides otherwise, Guarantor consents to the jurisdiction and venue of any court located in such state selected by Lender, in its disc etion, in the event of any legal proceeding under this Guaranty. 22. COLLECTION COSTS. To the extent permitted by law, Guarantor agrees to pay Lender's reasonable fees and costs, including, ut not limited to, an attorney's commission of 5~0 of the total amount then due, fees and costs of attorneys and other agents (including without limitation aralegals, clerks and consultants) whether or not any attorney or agent is an employee of Lender, which are incurred by Lender in collecting any amount due r enforcing any right or remedy under this Guaranty, including, but not limited to, all fees and costs incurred on appeal, in bankruptcy, for post-judgment c Ilection actions, and whether or not suit is brought. 23. REPRESENTATIONS OF GUARANTOR. Guarantor acknowledges receipt of reasonably equivalent value in consideration for he execution of this Guaranty and represents that, after giving effect to this Guaranty, the fair market value of Guarantor's assets exceeds Guarantor's tot I liabilities, including contingent, subordinate and unliquidated liabilities, that Guarantor has sufficient cash flow to meet debts as they mature, and that Gu raptor does not have unreasonably small capital. Guarantor represents that all required director and shareholder consents to enter into this Guaranty have be n obtained. 24. MISCELLANEOUS. Guarantor and Lender agree that time is of the essence. Guarantor will provide Lender with current financial tatements and other financial information upon request. All references to Guarantor in this Guaranty shall include all entities or persons signing this Guar nty. If there is more than one Guarantor, their obligations under this Guaranty shall be joint and several. Nothing in this Guaranty is intended to req ire, nor should it be construed to require, the signature of Borrower's spouse in violation of Regulation B (12 C.F.R. Part 202.7) in connection with this or an other Indebtedness of Borrower to Lender. This Guaranty represents the complete and integrated understanding between Guarantor and Lender regarding t e terms hereof. 25. WAIVER OF JURY TRIAL. LENDER AND GUARANTOR HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS GUARANTY. 26. ADDITIONAL TERMS: II ® WARNING: READ BEFORE SIGNING -YOU ARE WAIVING IMPORTANT RIGHTS IF CHECKED, AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN(S) OR OTHER FINANCIAL ACCOMMODATION(S) TO BORROWE GUARANTY, GUARANTOR IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN Th PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AS ATTORNEY FOR GUARANTOR IN ANY ACTION BROUGHT BY LENDER AFTER AN EVENT OF GUARANTY, AND TO CONFESS JUDGMENT AGAINST GUARANTOR FOR ALL SUMS DUE UNDER THIS GUARANTY, AND FOR ALL ACCRUED INTERES COST OF SUIT, AND ATTORNEY FEES, TOGETHER WITH INTEREST ON ANY JUDGMENT, AT THE RATE OF INTEREST SPECIFIED IN THE LOl DEFAULT, FROM THE ENTRY OF SUCH JUDGMENT UNTIL THE FULL AMOUNT DUE LENDER IS ACTUALLY RECEIVED. THIS GUARANTY, OF AFFIDAVIT, WILL BE A SUFFICIENT WARRANT. THE AUTHORITY GRANTED HEREIN MAY BE EXERCISED AS NEEDED FROM TIME TO TIME, AS i UNTIL RECEIPT OF PAYMENT IN FULL OF ALL SUMS DUE LENDER. GUARANTOR KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSEL, UNCONDITIONALLY WAIVI TO DUE PROCESS GUARANTOR HAS OR MAY HAVE UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND OF THE COMMONWEF EXCEPT THE RIGHT TO ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF ANY C GUARANTOR FURTHER UNDERSTANDS THAT UPON GUARANTOR'S DEFAULT AND CONFESSION OF JUDGMENT, THIS WAVIER ALLOWS LEI EXECUTE UPON AND SEIZE AND SELL ANY OF GUARANTOR'S PROPERTY WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR HEARING, EXCEP HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF THE CONFESSED JUDGMENT, IN ORDER TO SATISFY OR SE GUARANTIED BY THIS :COMMONWEALTH OF )EFAULT UNDER THIS ON THOSE AMOUNTS, DOCUMENTS AFTER A COPY VERIFIED BY =fEN AS NECESSARY. i ANY AND ALL RIGHTS TH OF PENNSYLVANIA, NFESSED JUDGMENT. DER TO IMMEDIATELY ANY NOTICE AND/OR URE ALL SUMS DUE. GUARANTOR ACKNOWLEDGES THAT GUARANTOR HAS READ, UNDERSTANDS, AND AGREES TO THE TERMS AND CONDITIONS INCLUDING THE TERMS AND CONDITIONS ON THE REVERSE SIDE. GUARANTOR HAS EXECUTED THIS GUARANTY WITH THE INT BOUND NOTWITHSTANDING ANY FAILURE BY ANY OTHER PERSON TO SIGN THIS GUARANTY. GUARANTOR ACKNOWLEDGES RE COPY OF THIS GUARANTY. IN WITNES,~byHEREOF, the undersigned has/have caused this instrument to be executed as a sealed instrument this 3 0 thday of Jai Manuel E. Cordiero GuARANTOR:Drenda S~ Cg;diero (Seal) (Seal) ~F THIS GUARANTY NT TO BE LEGALLY ~EIPT OF AN EXACT nary, 2004 (Seal) (Seal) LPPA209B ®John H. Harland Co. (4/74/00} (800) 937-3798 G` enia Landscaping Services, Inc', CommunityBanks Conmmnity Banks 2796 Old Post Road Harrisbur , PA 17110 (717) 909-400 "LENDER" gpt}R~gg 1069 Twin Lakes Drive Harrisburg, PA 17111 TELERHQNENO. IDENTiFICATION.NO:: . "..,~.~^~ rurvVlrva MA7URlTY IDENTIflCATION RATE AMOUNT DATE DATE 40AN NUM9fR VARIABLE $175,000.00 01/30/04 01/30/24 09.05925 Consolidate debt and working capital PROMISE TO PAY: For value received Borrower promises to pay to the order of Lender the principal amount of ne Hun e Five Thousand and no/1d0 Dollars ($ y interest on the unpaid principal balance at the rate and in the manner described below, until all amounts owing under this Note are p; received by Lender shall be applied first to accrued, unpaid interest, then to unpaid principal, and then to any late charges or expenses, I determined by Lender, in Lender's sole discretion, as permitted by law. INTEREST RATE: This Note has a variable interest rate feature. The interest rate on this Note may change from time to time if the Inde changes. Interest shall be computed on the basis of the ac tug 1 n ~mher o f da ov r 3 6 0 days on this Note shall be calculated and pa able at a variable rate equal to 1.00 % per annum over the Index R. rate on this Note shall be 6 .250 % per annum. Any change in the interest rate resulting from a change in the Index Rate w January 30, 2010, thereafter the date of the change. INDEX RATE: The Index Rate for this Note shall be: Wall Street Journal Prime: The Prime Rate as published in the Wall Street Journal. If the Index Rate is redefined or becomes unavailable, then Lender may select another index which is substantially similar. RATE LIMITATIONS: Subject to applicable law, the minimum interest rate on this Note shall be 4 .000 % per annum. 1 rate on this Note shall not exceed 21.000 % per annum, or if less, or if a maximum r to is not indicated, the maximum i permitted to charge by law. The maximum rate increase at any one time will be _ n~a %. The maximum rate decreas be n/a % DEFAULT RATE: If there is an Event of Default under this Note, the Lender ma , in its discretion, increase the interest rate on this Note to:. effect at time of default lus two ercent (2~) or the maximum interest rate Lender is permitted to charge by law, whichever is less. PAYMENT SCHEDULE: Borrower shall pay the principal and interest according to the following schedule: Interest shall be due and payable monthl as billed for the first 12 months Borrower shall ~ay 227 ~ayments of $1 31F.22 beginning February 28,,2005 an monthly time in ervals hereafter. A final payment of the un aid princi al accrued interest is due and payable on January 30, 2024. If ~he interes~ ra ayment amount may change in an amount sufficient to repay the unpaid prnic ~he scheduled term. PREPAYMENT: This Note may be prepaid in part or in full on or before its maturity date ^with ^X without penalty. If this Note installment, any partial prepayment will not affect the due date or the amount of any subsequent installment, unless agreed to, in ~ Lender. If this Note is prepaid in full, there will be:^A minimum finance charge of $ ^ A prepayment penalty of: LATE CHARGE: If a payment is received more than 10 days late, Borrower will be charged a late charge of: ^ unpaid late pa merit; Y $ ® 5.00 % of the unpaid late payment or $ 50. X^ greater ^ less, as permitted by law. "" )plus I in full. All amounts in any other order as Rate identified below _ per year. Interest e. The initial interest be effective on s maximum interest Brest rate Lender is at any one time will r after t'nuing at a gesuthe b lance over WARNING: READ BEFORE SIGNING -YOU ARE WAIVING IMPORTANT RIGHTS IF CHECKED, AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN EVIDENCED BY THIS NOTE, BORROWER IRREVOCABLY AUTHOF ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEE BORROWER IN ANY ACTION BROUGHT BY LENDER AFTER BORROWER'S DEFAULT UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND TO ~ AGAINST BORROWER FOR ALL SUMS DUE UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND FOR ALL ACCRUED INTEREST ON THOSE AMC AND ATTORNEY FEES, TOGETHER WITH INTEREST ON ANY JUDGMENT, AT THE RATE OF INTEREST SPECIFIED IN THE NOTE AFTER DEFAULT, SUCH JUDGMENT UNTIL THE FULL AMOUNT DUE LENDER IS ACTUALLY RECEIVED. THIS NOTE, OR A COPY VERIFIED 8Y AFFIDAVIT, WILL BE A THE AUTHORITY GRANTED HEREIN MAY BE EXERCISED AS NEEDED FROM TIME TO TIME, AS OFTEN AS NECESSARY, UNTIL RECEIPT OF PAYMENT DUE LENDER. BORROWER KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSEL, UNCONDITIONALLY WAIVES TO DUE PROCESS BORROWER HAS OR MAY HAVE UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND OF THE COMMONWEALI EXCEPT THE RIGHT TO ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF ANY COI BORROWER FURTHER UNDERSTANDS THAT UPON BORROWER'S DEFAULT AND CONFESSION OF JUDGMENT, THIS WAVIER ALLOWS LENDER TO IM UPON AND SEIZE AND SELL ANY OF BORROWER'S PROPERTY WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR HEARING, EXCEPT ANY NOTI REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF THE CONFESSED JUDGMENT, IN ORDER TO SATISFY OR SECURE ALL S THE PERSONS SIGNING BELOW ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS AND CONDITIf INCLUDING THE PROVISIONS ON THE REVERSE SIDE, AND FURTHER ACKNOWLEDGE RECEIPT OF AN EXACT COPY OF THIS NOTE. IN WITNESS WHEREOF, the undersigned has/have caused this instrument of be executed as a Ls ed nstument this 3 0 th_ day of tea; BORROWER: Gardenia Landscaping Services, Inc . BORROWER%%zr~y~~j~ A ~ ~ 7! ~ enia Landscaping Servi~ /^~ --- , B~I~I~oPGv~ires iay~nt BORROWER: BORROWER: ero COM ERCIAL VARIA LE RATE PROM SSORY N TE .ins more than one by Borrower and of the whichever is .S AND EMPOWERS AS ATTORNEY FOR NFESS JUDGMENT JTS, COST OF SUIT, OM THE ENTRY OF ~FICIENT WARRANT. FULL OF ALL SUMS .NY AND ALL RIGHTS I OF PENNSYLVANIA, =EBBED JUDGMENT. IEDIATELY EXECUTE E AND/OR HEARING MS DUE. NS OF THIS NOTE es, Inc. LPPA202 (el Harland Financial Solutions. Inc. f5/93/ml ranni aa~_a~gq ~~( ~~ ~ i ''(- SECURITY: To secure the payment and perfor je of obligations incurred under this Note, Borrow ;Intl Lender a security inte est in all of Borrower's right, title, and interest in all monies, instrumeni~avings, checking, share and other accounts of Borg. ::r excluding IRA, Keogh, t ust accounts and other accounts subject to tax penalties if so assigned) that are now or in the future in Lender's custody or control. [(]X If checked, the obligati ns under this Note are also secured by the collateral described in any security instrument(s) executed in connection with this Note, and any collateral describ d in any other security instrument(s) securing this Note or all of Borrower's obligations. CHECK PROCESSING FEE: tf a check for payment is returned to Lender for any reason (for example, because there are insuffici nt funds in Borrower's checking account), Lender will assess a check processing fee of $ 35.00 ,which shall be added to the principal balance. RENEWAL: ^ If checked, this Note is a renewal, but not a satisfaction, of Loan Number TERMS AND CONDITIONS 1. EVENTS OF DEFAULT. An Event of Default will occur under this Note in the event that Borrower, any guarantor or any other third p to secure this Note; (a) fails to make any payment on this Note or any other indebtedness to Lender when due; (b) fails to perform any obligation or breaches any warranty or covenant to Lender contained in this Note, any security instrument, future written agreement regarding this or any other indebtedness of Borrower to Lender; (c) provides or causes any false or misleading signature or representation to be provided to Lender; (d) sells, conveys, or transfers rights in any collateral securing this Note without the written approval of Lender; destroys, loses or don any material respect; or subjects such collateral to seizure, confiscation or condemnation; (e) has a garnishment, judgment, tax levy, attachment or lien entered or served against Borrower, any guarantor, or any third part secure this Note or any of their property; (f) dies, becomes legally incompetent, is dissolved or terminated, ceases to operate its business, becomes insolvent, makes an ass of creditors, fails to pay debts as they become due, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation (g) fails to provide Lender evidence of satisfactory financial condition; (h) has a majority of its outstanding voting securities sold, transferred or conveyed to any person or entity other than any persor majority ownership as of the date of the execution of this Note; or (i) causes Lender to deem itself insecure due to a significant decline in the value of any real or personal property securing payment in good faith, believes the prospect of payment or performance is impaired. 2. RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exerci following remedies without notice or demand (except as required by law): (a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower payable in full, such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting to judicial process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral in any manner permitted by law; (e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lende (f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, ; maintained with Lender; and (h) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, separately, and in any order. Lender's remedies under this paragraph a available at common law, including, but not limited to, the right of set-off. 3. DEMAND FEATURE. ^ If checked, this Note contains a demand feature. Lender's right to demand payment, at any time, and from in Lender's sole and absolute discretion, whether or not any default has occurred. 4. FINANCIAL INFORMATION. Borrower will at all times keep proper books of record and account in which full, true and correct ent accordance with generally accepted accounting principles and will deliver to Lender, within ninety (90) days after the end of each fisc, copy of the annual financial statements of Borrower relating to such fiscal year, such statements to include (i) the balance sheet of Bon such fiscal year and (ii) the related income statement, statement of retained earnings and statement of cash flow of Borrower for such fig such certified public accountants as may be reasonably satisfactory to Lender. Borrower also agrees to deliver to Lender within fifteer same, a copy of Borrower's income tax returns and also, from time to time, such other financial information with respect to Borrower as Le 5. MODIFICATION AND WAIVER. The modification or waiver of any of Borrower's obligations or Lender's rights under this Note ml writing signed by Lender. Lender may perform any of Borrower's obligations or delay or fail to exercise any of its rights without caus obligations or rights. A waiver on one occasion will not constitute a waiver on any other occasion. Borrower's obligations under this Note if Lender amends, compromises, exchanges, fails to exercise, impairs or releases any of the obligations belonging to any co-borrower c its rights against any co-borrower, guarantor, the collateral or any other property securing the obligations. Lender may accept and ap instruments marked "Paid in Full" or with a similar phrase describing a payment as full satisfaction of the obligations incurred under thi bound by that language and without waiving any rights to payment of all amounts owing under this Note. 6. SEVERABILITY. If any provision of this Note is invalid, illegal or unenforceable, the validity, legality, and enforceability of the remainin in any way be affected or impaired thereby. 7. ASSIGNMENT. Borrower agrees not to assign any of Borrower's rights, remedies or obligations described in this Note without the pr Lender, which consent may be withheld by Lender in its sole discretion. Borrower agrees that Lender is entitled to assign some or all of it; described in this Note without notice to or the prior consent of Borrower. 8. NOTICE. Any notice or other communication to be provided to Borrower or Lender under this Note shall be in writing and sent addresses described in this Note or such other address as the parties may designate in writing from time to time. 9. APPLICABLE LAW. Interest, including rates, fees and charges which compensate Lender for the extension of credit to Borrower undo compensate Lender for any default or breach by Borrower of the terms and conditions of this Note, shall be governed by th of Penns lvania All other terms and conditions of this Note shall be governed by the of Pennsy vania Unless applicable law provides otherwise, Borrower consents to the jurisdiction anc located in Pennsylvania selected by Lender, in its discretion, in the event of a legal proceeding under t 10. COLLECTION COSTS. To the extent permitted by law, Borrower agrees to pay Lender's reasonable fees and costs, including, but no costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or age Lender, which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Note, whether or not suit but not limited to, all fees and costs incurred on appeal, in bankruptcy, and for post-judgment collection actions. 11. MISCELLANEOUS. This Note is being executed primarily for commercial, agricultural, or business purposes. Borrower and Lender the essence. Borrower agrees to make all payments to Lender at any address designated by Lender and in lawful United States currenc person who endorses this Note waives presentment, demand for payment, notice of dishonor and protest and further waives any right proceed against anyone else before proceeding against Borrower or said person. All references to Borrower in this Note shall include all this Note, and this Note shall be binding upon the heirs, successors and assigns of Borrower and Lender. If there is more than one Borrc under this Note shall be joint and several. Information concerning this Note may be reported to credit reporting agencies and will be r requested by proper legal process. This Note represents the complete and integrated understanding between Borrower and Lender hereof. 12. JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION AF BASED UPON, THIS NOTE OR THE COLLATERAL SECURING THIS NOTE. 13. ADDITIONAL TERMS: pledging collateral any other present or such collateral in pledging collateral to Inment for the benefit roceeding; or entity that has the ~f this Note, or Lender one or more of the mediately due and deposit accounts in addition to those time to time, shall be es shall be made in year of Borrower, a ewer as at the end of al year, prepared by (15) days after filing ider may request. ;t be contained in a ig a waiver of those shall not be affected guarantor or any of ly checks and other Note, without being provisions shall not ~r written consent of rights and remedies the parties at the this Note, or which laws of the state aws of the state venue of any court is Note. limited to, fees and it is an employee of brought, including, gree that time is of Borrower and any 1 require Lender to the parties signing er their obligations Ide available when ~garding the terms NG OUT OF, OR LPPA202B ® Harland Financial Sdutbns, Inc. (5/23/01) (800) 837-3788 D'~ .~ _~, ~ L.:R -r ~ ~~ r ,_t ~ ~ ~ _ w .~ `~ =~' c_<; rr -_ .. -,_ '~ ~~ _' ; ^ „ ~ ~ '_- -~'7 ICJ ~ ~ ~ ~ -F-. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. CIVIL ACTION COMMUNITYBANKS, DOCKET NO. O(, .- !~s`37 Plaintiff v :CONFESSION OF JUDGMENT c~.c`r~, MANUEL E. CORDIERO and DRENDA S. CORDIERO Defendants :PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT OFNON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants, Manuel E. Cord Drenda S. Cordiero, in the above-captioned action is not presently on active or nonactive status. Respectfully submitted, McNees Wallace & Nurick LLC Date: November ~ 2006 By: Geo uff, Esquire u e Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks ,. and ~.., `-' tom-, C~ c' _.~ -n ---~ ='= -r; _ ~ __, ,__ =~ c.~ _.. . _ _ -, _- r.. 4x~ - E~~ ~.~. ~~ E~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. CNIL ACTION COMMUNITYBANKS, Plaintiff DOCKET NO. OCp -- LSD `'I v. MANUEL E. CORDIERO and DRENDA S. CORDIERO Defendants CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A CERTIFICATE OF ADDRESSES II I hereby certify that the precise address of Plaintiff, CommunityBanks, is 1001 Sharp Avenue, Ephrata, Pennsylvania 17522; and that the last known address of the Defendants,l~[anuel E. Cordiero and Drenda S. Cordiero, is 505 L~Eward Lane, Enola, Pennsylvania 17025. III III Respectfully submitted, II II McNees Wallace & Nurick LLC Date: November g , 2006 By: ~~. S ff, Esquire reme C ID #24848 100 Pine treet, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks t`3 t~.a c~~ ,: -~ ~'. -y-~ ..J 7 I ~ '-I :}~ i C_. _ _ ._..._ i ~`. .~ C,+3 ~ '~ ~?`~ -C COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNTI'YBANKS, DOCKET NO. ~ _. ~ ' Plaintiff ~• :CONFESSION OF JUDGMENT MANUEL E. CORDIERO and DRENDA S. CORDIERO Defendants I PREVIOUSLY ASSIGNED TO: N/A ICI PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, CommunityBanks. Papers maybe served at the address set forth below. Geoffrey S. Shuff, Esquire McNees Wallace &Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Respectfully submitted, McNees Wallace &Nurick LLC Date: November ~ 2006 By: Geo ey S huff, Esquire S rem ourt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks c" ~~ -.-~ ~~~, ~ _ .. --~-- .~; -- 9 Lr." -- i_:: ;_ ~-~ _. _:_. ~, ~- --. ~.:._ w COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA' CIVIL ACTION i COMMUNITYBANKS, :DOCKET NO. D~ -- L S3 l.. t III Plaintiff r -'~ `'' 4 l v. MANUEL E. CORDIERO and DRENDA S. CORDIERO Defendants CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSI REQUIRED BY 42 Pa. C.S.A. § 2737.1 (Act 105 of 2000) To: Manuel E. Cordiero and Drenda S. Cordiero Pursuant to 42 Pa. C.S. § 2737.1. please take notice that the Plaintiff in this mat r has entered a judgment by confession against you in ~ the amount of $176,926.15, plus interest other expenses, fees and costs. You are entitled to file a petition to "strike" or "open" the judgment. In order to ~o so, you must promptly file a petition with the Court of Common Pleas of Cumberland C~unty, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. Y ' will file a petition by leaving rt with the courts or Prothonotary at the courthouse in C~rlisle, Cumberland County, Pennsylvania. ~~ A petition is a formal statement of your reasons for challenging the judgment. Yo must include the names of the parties at the top of the first page and the case number, which is ~hown above. The petition must state your reasons for challenging the judgment is a separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end ~f the document verifying that the facts you state in the petition are true and accurate. You will aive any defenses and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or o~en in order to avoid waiving any claims. If you elect to file a petition, it must meet the requirements of Rule 2959 of the R 'les of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also h ve to comply with local rules of procedure in effect in~the county where the judgment was entere . If you do not file a petition challenging the judgment, the Plaintiff may take st ps to collect on the judgment by asking the Sheriff to seize your assets. You may have other fights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth ly low. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide yo' with information about agencies that may offer legal;services to eligible persons at a reduced fee or no fee. ~ Cumberland County Bar Association I' 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 ', Corporations maybe unable to represent themselves in court. If the defendants in Illude a corporation, the corporation must appear through an attorney if it intends to challen~e the judgment. You may receive other papers and notices regarding the judgment. Those other pal~lers do not negate or override this Notice. Likewise, this Notice is not intended to and does not Negate any of the notices or information obtained m other papers that maybe served upon you. { We reiterate that you are required to act promptly if you wish to seek relief fr Im the judgment. Under certain circumstances, you have only 30 days in which to file a petitio~ after papers are served on you. Even if the 30 day, rule does not apply, you must act promptly irk order to protect your interests. Failing to act in a timely manner will render you unable to challenge the judgment at a later time. ~~ Pursuant to 40 Pa. C.S.A. Section 2737.1, if you have been incorrectly identified a III d had a confession or judgment entered against you, you are entitled to costs and reasonable a Forney fees as determined by the court. III Respectfully submitted, 'II ,,. ~c~Tees Wallace & Nurick LLC Date: November ~, 2006 By: G ~. chuff, Esquire S preme Court ID #24848 00 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 `(717) 237-5439 Attorneys for Plaintiff, CommunityBanks 1 Pennsylvania Rule of Civil Procedure 2959 -Striking off Judgment (a)(1) Relief from a judgment by confession shall be sought by petition. Ex ept as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or t open it must be asserted in a single petition. The petition may be filed in the county in whi h the judgment was originally entered, in any county to which the judgment has been transfer a or in any other county in which the sheriff has received a writ of execution directed to the sh riff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court as not stayed execution despite the timely filing of a petition for relief from the judgme t and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 29'3.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) o Rule 2973.1(c), the petition shall be filed within,thirty days after such service. Unless the def ndant can demonstrate that there were compelling reasons-for the delay, a petition not timely file shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petiti n the plaintiff shall file an answer on or before the return day of the rule. The return day of t e rule shall be fixed by the court by local rule or special order. ~, (c) A party waives all defenses and objections which are not included in the p~tition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testi ony, depositions, admissions and other evidence. The court for cause shown may stay proceedi gs on the petition insofar as it seeks to open the judgment pending disposition of the applicat on to strike off the judgment. If evidence is produced which in a jury trial would require the iss es to be submitted to the jury the court shall open the judgment. ~~. (f) The lien of the judgment or of any levy or attachment shall be preserved whi e the proceedings to strike off or open the judgment are pending. _ ---a '' i . ~' - ._ ~ _ _ ..~: T - v _.u > f!., - C~ ~~ .- ~ ,.f , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIAI CIVIL ACTION '~ COMMUNITYBANKS, Plaintiff v. DOCKET NO. D~. --LS3~' CONFESSION OF JUDGMENT MANUEL E. CORDIERO and DRENDA S. CORDIERO : Defendants :PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: MANUEL E. CORDIERO and DRENDA S. CORDIERO A judgment in the amount of $176,926.15, plus interest, other expenses, fees and costs ha been entered against you and in favor of the plaintiff without any prior notice or hearing base on a confession of judgment contained in a written agreement or other paper allegedly signed b 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 propert :from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDG ENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DAT~ 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 Iii, NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. (THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A~ LAWYER, THIS OFFICE MAY BE ABL TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER L GAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~ `~. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, McNees Wallace & Nurick LLC Date: November g 2006 By: ~ __SulSreme Court #24848 '~~ 100 Pine Sire , PO Box 1166 Harrisburg, PA 17108-1166 ~I (717) 237-5439 ~, Attorneys for Plaintiff, CommunityBanks'~, L COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIAN CIVIL ACTION ~~, COMMUNITYBANKS, Plaintiff v. MANUEL E. CORDIERO and DRENDA S. CORDIERO Defendants DOCKET NO. ~(o --~S37 ~•1 V ~,~~IL.e.,.~ l~ CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A To: Manuel E. Cordiero and Drenda S. Cordiero, Defendants You are hereby notified that on ~ ~~~ , egg(, j entered against you in the sum of $176,92 .15, in the abcy~e-captioned DATE: O'~/Y d ~~I~ by YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Y NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHOr OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 I hereby certify that the following is the address of the Defendant stated in the residence: Manuel E. Cordiero and Drenda S. Cordiero 505 Leeward Lane Enola, PA 17025 Atto ey ainti was J DO THE of _~ A, Manuel E. Cordiero and Drenda S. Cordiero, Demandado(s) Por este medio sea avisado que en el dia de de 2006, un fallo por registrado contra usted por la contidad de $176,926.15 del caso antes escrito. Fecha: el dia de de 2006 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCI ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONS ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Por este medio certifico que to siguiente es la direccion del demandado dicho certificado de residencia: Manuel E. Cordiero and Drenda S. Cordiero 505 Leeward Lane Enola, PA 17025 Abo da( andante(s) fue AYA J SE en el COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff v. MANUEL E. CORDIERO and DRENDA S. CORDIERO Defendants DOCKET N0.06-6537 CIVIL TERM CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, CommunityBanks, hereby files this Return of Service and swears and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. Manuel E. Cordiero Drenda S. Cordiero 505 Leeward Lane Enola, PA 17025 Respectfully submitted, McNees Wallace & Nurick LLC Date: November3D, 2006 By: y uff, Esquire Supreme ourt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Attorneys for Plaintiff, CommunityBanks r i~ --.-- - _ _ umber - - - - - ~ , R?$.x. + P Ckw1y) B. DeN of DMwry E - 4 S ?146[1 3901 9849 5142 2375 ~ i n vss, anar deuwry ~`! ~~. p Ib 3. Service lype CERTIFlED MAIL ~~ 4. Reatrkfed DeHver~l (Exba Fee) Q~e ~ + Z ~,a,., 1. Article Addressed to: "~ ~~` ~~ ~'a Manuel E. Cordiero `` t Drenda S. Cordiero 505 Leeward Lane Community Banks ' Enola, PA 17025 ~ J Geoffrey S. Shull ii v ~ v~~~~ „o ~ ~, .rnnuary cuv5 oomesgc Retum Receipt 7160 3901 9849 5142 2375 ti ~. Manuel E. Cordiero Drenda S. Cordiero 505 Leeward Lane Enola, PA 17025 SENDER: Geoffrey S. Shull REFERENCE Community Banks 1 ~ PS Form 3800 Janua 2005 RETURN Postage ~ RECEIPT ~~~ Fee j SERVICE Retum Receipt i q, 1 ~ Restricbd De ~ Total Postag E U3 Festal E ~~ ~~ ... Receipt f Certified M No ineuraaos CaMeraga Do Not uss for Mtsrr-atiorW Mal U S P S N ~. `1"i , ~ >!. Cam") I'4'! F ~ z~ fi _ ~ , = t C - ti ~ " / '^ ~ ~ ^ ~ 1 t./ A J v ~} ~ y -\ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff v. MANUEL E. CORDIERO and DRENDA S. CORDIERO, Defendants TO THE PROTHONOTARY: : DOCKET NO: 06-6537 CIVIL TERM CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A PRAECIPE Please mark the judgment entered in the above-captioned action satisfied. Respectfully submitted, McNees Wallace & Nurick LLC Date: May ~ 2007 By: S~eme Court ~ #24848 100 Pine Str , PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks C") r-a ~ ~r; C~ --' ,~ .- ~^~ ~ t_° : ~ ~~ rte'-' -, _. , f:r _: C" i ", ..j^ : . L ~ . ~ . ~~ _ -~~.