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HomeMy WebLinkAbout01-05019IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. ~j/ .~ S"p~9 [;~~ `~~ HARRIS SAVINGS BANK Plaintiff vs. MICHAEL R. MILLER NORMA $. MILLER 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 Judgment entered as above. $24,127.04 BY~ ~ y Benjamin . Riggs, J . Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 ~'~ -- "Uif -- ~.,,~. .,.1 --'--~ il? Ih- (iJ -. ~i C= •• .~~ =~ =; i K -- {~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. Q~ -~LC~ l "r c~ t ~ ~~%~^'~ HARRIS SAVINGS BANK Plaintiff vs. MICHAEL R. MILLER NORMA S. MILLER Defendants Confession of Judgment COMPLAINT AND NOW, to wit, this a 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, Michael R. Miller and Norma s. Miller, husband and wife., whose address is 2726 High Street, Grantham, Cumberland County, Pennsylvania, 17027. 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). 4. The attached instrument has not been assigned. 5. That the judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951(a)(2). 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 Defendants, at the Plaintiffs option. Plaintiff has exercised its option to confess judgment pursuant to the terms of the instrument for an amount which the Defendants may become liable. 8. As a consequence of the foregoing, the Defendants are 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 $24,127.04 WHEREFORE, Plaintiff Waypoint Bank demands judgment against the Defendants in the total sum as authorized by the Warrant appearing in the attached instrument. By: s Benjam n F. Rig Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 COMMERCIAL ~GUARANT GU8r8r110r: Michael R. Miller and Norma S. Miller 2726 High St. Grantham, PA 17027 AMOUNT OF GUARANTY. The amount of this Guaranty is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable cansitleration, Michael R. Miller antl Norma S. Miller ("Guarantor") absolutely antl udeontllilonally guarantee antl promise to pay, jointly and severally, to Harris Savings Bank ("Lender") or Ifs order, In legal tender of the United States of America, the Indebtedness (as that term is tleflned below) of Hoop-Net Tour Productions, Inc. ("Borrower") to Lentler on the terms and condttlons set forth In this Guaranty. Under this Guaranty, the liability of Guarantor is unlimitetl antl the obligations o} 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 Michael R. Miller and Norma S. Miller, 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 incuned or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Bonower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or. not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Bonower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account bf infancy, insanity, ultra vires, or otherwise. Lender. The word "Lender" means Harris Savings Bank, its successors and assigns. Related 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 hareaffer existing, executed in connection with the Indebtedness. NATURE OF GUARANTY. Guarantor's liability under this Guaranty shall he 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 will 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 conhacted. The obligations of Guarantors shall be joint and several. Lender may proceed against ahy of the Guarantors individually, against any group of Guarantors, or against all the Guarantors in one action, without affecting the right of Lender to proceed 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 been 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 certified 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 written revocation. For this purpose and without limitation, the term "new Indebtedness" does not incluife 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 written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind 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 from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and it is specifically acknowledged antl agreetl by Guarantor that reductions in the amount of Indebtedness, even to zero dollars ($0.00), prior to written revocation of this Guaranty by Guarantor shall not constitute a termination of this Guaranty. This Guaranty is bidding upon Guarantor and Guarantor's heirs, successors and assigns So long as any of the guaranteed Indebtedness remains unpaid antl even though the Indebtedness guaranteetl may from time to time be zero tlollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or tlemand and without lessening Guarantor's liability under this Guaranty, from time to time: (a) prior to revocation as set forth above, to make one or more additional secured .or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otharvvlse to extend additional cretlit to Borrower; (b) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including Increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (c) to take antl hold security for the payment of this Guaranty or the Indebtetlne9s, antl exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of Borrower's Borrower: Hoop-Net lour Productions, inc. Lender: Harris Savings Bank 250 Oak Grove Court 234 N. Second Street Mechanicsburg, PA 17055 P O BOX 1711 Harrisburg, PA 17105 `vak II Iw III rl.-s~>~u m~.~~-~ ~,-.., ~~-. ~~, ~s ~::~kw~fitaralli~~e~+aa~.~~ ~ ~ ~_ 04-08-1999 COMMERCIAL GUARANTY Page 2 Loan No 8876000791 (Continued) sureties, endorsers, or other guarantors on any terms,or In any manner Lender may choose; (e) to determine how, when and what application of payments and credits shall be matle on the Indebtedness; (t) to apply such security and direct the order or manner of sale thereof, inctuAing without limitation, any non)utliclal sale permitted 6y the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (g) to sell, transfer, assign, or grant participations in all or any part of the Indebtedness; and (h) to assign or transfer this Guaranty In whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warcants to Lender that (a) no representafions or agreements of any kind have been made to Guarantor which would limit or qualify in -any way the terms of this Guaranty; (b) this Guaranty is executed at Borrower's request and not at the request of Lender; (c) Guarantor has full power, right and authority to enter into this Guaranty; (d) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (e) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, hansfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (f) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be hue and corcect in all matedal respects and fairly presentthe financial condition of Guarantor as of the dates the financial information is provided; (g) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (n) no. litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (i) Lender has made no representafion fo Guarantor as to the creditworthiness of Borrower; and- Q) Guarantor has established adequate-means of obtaining.hdm Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to discldse fo Guarantor any informafion or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) to continue lending money or to extend other credit to Borrower; (b) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonacficn on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligafions; (c) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (d) to proceed diregtly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, lime, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (f) to pursue any other remedy within Lender's power; or (g) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses arising by reason of (a) any "one action" or "anti-deficiency' law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or complefion of any foreclosure action, either judicially or by exercise of a power of sale;. (b) any election of remedies by Lender which deshoys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, -including-without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (c) any disability. or other defense of Borcower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower'sliability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (d) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced there-is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to-guarantors af.law.or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose-of enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants antl agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary fo public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to Lender by law, Lender shall have, with respect to Guarantor's obligafions to Lender under this Guaranty and to the extent permitted by law, a contractual security interest in and a right of setoff against, and Guarantor hereby assigns, conveys, delivers, pledges, and.hansfers to Lender all of Guarantor's right, title and interest in and to, ail deposits, moneys, securities and other property of Guarantor now or hereafter in the possession of or on deposit with Lender, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may tie exercised without demand upon or notice to Guarantor. No security interest or right of setoff shall be deemed to have been waived by any act or conduct on the part of Lender or by any neglect to exercise such right of setoff or to enforce such security interest or by any delay in so doing. Every right of setoff and security interest shall continue in full force and effect until such right of setoff or security interest is specifically waived or released by an instrument in writing executed by Lender. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be prior to any claim that Guarantor may now have or hereaffer acquire against Borrower, whether or not Borcower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borcower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borcower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender hereby is authorized, in the name of Guarantor, hom time to time to execute anQ file financing statements and confinuation statement{, and-to,~cecute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. ,f, ~„~ MISCELLANEOUS PROVISIONS. The toll miscellaneous provisions are a part of this Guarait.,„t' 04-08-1999 COMMERCIAL GUA~iANTYi~ Page 3 Loan No 8876000797 (Continued) Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. - 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 Lenders 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. Attorneys' Fees; Expen~s. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lenders legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lenders 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 modity 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 writing, 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, first class postage prepaid, addressed to the parry 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, the words "Borrower" and "Guarantor' respectively shall mean all and any one or~more of them. The words "Guarantor;' "Borrower;' and "Lender" include the heirs, successors, 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 unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all 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 writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lenders right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender end Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future hansactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not consttute 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 ATTORNEY 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 ANV 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 ATTORNEY'S COMMISSION OF TEN PERCENT (<70%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED.DOLLARS ($600) 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 70 AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, ANDTHE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL'NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEW OR OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE LIEN OF SUCH 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 CONTEMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEW OR OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL B, 1999. THIS GUARANTY HAS 6EEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARANTOR: Pal N 0.b Y31 ~( ~_..-.a. l~ 3 -.4Fk~HG=', a ~~ ~ e_ _ _ . 04-OS-1999 Loan Mo 8876000797 COMMERCIAL GUARANTY (Continued) Page 4 INDIVIDUAL ACKNOWLEDGMENT STATE OF I ~~ n aif-~/Q/~uLL/ ) ~~``~ ) SS COUNTY OF ~.(A.n~' ) On this, the ~ day of ~, 19~, before me 9~' UU L niU~/ the undersigned Notary Public, personally apps - d Michael R. Miller and Norma S. Miller, known to m (or satisfactorily proven) tb be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, 1 hereunto Notarial Seal ~ ~ I L~~~v Kelly L. Weaver, Notary Public _ ~/ plow Cumberland Intro, CBm Oct 2 ~u0 NotaryWUblic in and for the State of ~~ uv Commission Farpi _ '` DISCLO E FOR CONFESSION OF GMENT for BOITOW21': Hoop-Net Tour Productions, Inc. 250 Oak Grove Court Mechanicsburg, PA 17055 Lettder: Harris Savings Bank 234 N. Second Street P O Box 1711 Harrisburg, PA 17105 GUB~arltOr: Michael R. Miller and Norma S. Miller 2726 High St. Grantham, PA 17027 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM IXECUTING, THIS DAY OF AOr ~ I , 19~, 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 IXECUTING THE GUARANTY, BEING FULLY 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, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I IXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: ,~,_ B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO IXECUTE ON THE JUDGMENT BY 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 IXECUTING ANY CONFESSED JUDGMENT. IN IXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE IXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I IXPRESSLY AGREE AND CONSENT TO LENDER'S IXECU31NG ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS .A~4:~.W1.::; ~wd1`"~ C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NIXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 'K RW~ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE ~'a^^~ GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME IXCEEDS $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. AFFIANT: X~J~ ';(SEAL) Michael R. Miller Norma S. Miller LASER PRO, Reg. U. S. Pat. 8 T.M. O(f., Ver. 3.25P (c) t 895 CFI ProServices, Inc. All rights reservetl. (PA-030 F3.28 FIOOP.L N C2.OVL~ 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. WAYPOINT Date: 0 ~~~ ~6 Senior Vice ~ ~~ ~ ~a ~~~~ r V n , l .~,:- ,_~~ U I .1 -; ,~ ~~ ( ~ .J .y" :~ _~; '', -{ y~l _. ~q~«pkhT32~lws:~}*N_tsf~'L'fi€x+,~gstw~ =9~" ` " .iro d.p,a#fu~'t m+!nfi&~r.: nr~nr~ .~6..a'~uu+5'~k'.%94b' ~ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK . F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. UI -- Sbd~ ~iU tC HARRIS SAVINGS BANK Plaintiff vs. MICHAEL R. MILLER NORMA S. MILLER Defendants Commonwealth of Pennsylvania County of York Confession of Judgment 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 Michael R. Miller and Norma S. Miller's last-known address is 2726 High Street, Grantham, Cumberland County, Pennsylvania 17027. Sworn and subscribed before me this a7'~day of August, 2001 ~-~- ~ ~~ Notary Public My Commission expires: Notarial Seal Sandra M. Aulbach, Notary Public City of York, York Coun~ My ;~^missron Expires May 3, 2005 Benjamin . Riggs, J ., Attorney for Plaintiff I.D. No. 72030 Member, Pennsylvania AssociaCOnotNOtaries C) c::; ~._, ...... -! i :, °;~ r-- '~ E''l ~ - _i ~~ (~~ C']t„ .. -r: c~ .. ,~ ~ ~1~ _~ -... amm~s~i»~acsrx~ -. 9id4+"%-*ic,rr.,a::...,~ .<:.;.,: _ -;}, ~k>'sx_.cn -..,a,=m+xFA .~~z:etFi€~¢ ~.. r~ .. _. gut IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. Q~ e~V~C~9,2./~ HARRIS SAVINGS BANK l Plaintiff vs. MICHAEL R. MILLER NORMA S. MILLER 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, Michael R. Miller and Norma S. Miller is: 2726 High Street, Grantham, Pennsylvania 17027 By. Benjamin . Rigg Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 ~ C -- i ~+ [.i ?.n I LtC~. -~ i' ,.~ cn : t:a~ _ t~ ~ .,, ~`~ Yk£- '~+'~,r,r: ,.,,,.;,~~ ,:..rrr:z;xs~n56~^".C~.r., .i~*i~ ~~`ue.>•„m-~iF'~ i ._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS n / AND LOAN ASSOCIATION AND No. pt -.. S'OI g l.~c~t.l..~~--y"~ HARRIS SAVINGS BANK Plaintiff vs. MICHAEL R. MILLER NORMA S. MILLER . Defendants Confession of Judgment NOTICE OF DEFENDANTS' RIGHTS TO: Michael R. Miller Norma S. Miller 2726 High Street Grantham, PA 17027 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 LAWYEER 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 ,~~, '~. _ _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. MICHAEL R. MILLER NORMA S. MILLER Defendants Confession of Judgment CERTIFICATE OF SERVICE AND NOW, to wit, this a 7 ~"L day of August, 2001, I, Benjamin F Riggs, Jr., Esquire, attorney for Plaintiff Waypoint Bank of 235 North Second Street, Harrisburg, Pennsylvania, hereby certify that I served a true and correct copy of the Notice of Defendants' Rights filed in the above captioned matter by certified, first class mail, return receipt requested, as well as first class mail, postage prepaid, on the Defendants, on the ~ ~ ~- day of August, 2001, as follows: Michael R. Miller Norma S. Miller 2726 High Street Grantham, PA 17027 By: d ~. Benjamin F. Riga r Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 -,, C~ C~ U ._.._ ii ~_ V C: 7~ ` n,; ~~ - ~a :_ ~:. _ _ ^,~ r c. ~. C' ~ ~ _ ' ' c. .. ~'' ~ `_77 -< ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. ( ~ ~„ HARRIS SAVINGS BANK Plaintiff vs. MICHAEL R. MILLER NORMA S. MILLER Defendants Confession of Judgment NOTICE OF FILING JUDGMENT ( ) Notice is hereby given that a judgment in the above-captioned matter has been 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. 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.) <.. .. Prothonotary Civil Div. Notice sent: Michael R. Miller Norma s. Miller 2726 High Street Grantham, Pa 17027 C? c=? ~-~ G -- n C. `_!` l ' -_ :S C.. _{ \ ~ w -< Po4410.99NRF1pt~'93Eb~2~59R~3X1Hx.Y,.iK~st: t'i° Y I°=fpYvRl4FifYUR.i@Pt~iW° `Xr?Ag4e ieiH4.V!4~~1~.., .. ti 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. c ° ~ - '4 LT ;^~ ~~' i _~,~; -' _ `_~_~ T E~ ''~ ~1_ _'r' ~~ ~ ~ ~ No.: 01-5019 Civil Teriit~ ~ ry ~ ;"' ~ ~ ~ MICHAEL R. MILLER NORMA S. MILLER 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. dc' '~ Benjamin .Riggs, Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 c ~ ~ ,, ~~ t ,~ ' a ,* i .:f (.,7 ~ ~ fi ` '~ C~i -? r -- _ - 'r .. .J i , ~~ . -~s: ~~