HomeMy WebLinkAbout03-3266MANUFACTURERS AND TRADERS
TRUST COMPANY, SUCCESSOR BY
MERGER TO KEYSTONE FINANCIAL
BANK, N.A.,
Plaintiff
ROSEMARY E. GRANT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of which
is attached to the complaint filed in this action, I appear for the Defendant and confess judgmem in
lhvor of the Plaintiff and against Defendant as follows:
Principal
Other author/zed items:
Interest to July 2, 2003
Attorney's Commission
TOTAL
$49,203.24
$ 5,434.85
$ 5~463.81
$60,101.90 plus additional
interest, and costs from the
date of the Complaint.
Date: July 2, 2003
Respectfi~lly submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
By: Genre
Su~T, me~Cour t/!/D #24848
2109 Market Street
Camp Hill, PA 1701 l
(717) 737-3405
$50,000 @ 10.75 Guaranty
MANUFACTURERS AND TRADERS
TRUST COMPANY, SUCCESSOR BY
MERGER TO KEYSTONE FINANCIAL
BANK, N.A.,
Plaintiff
ROSEMARY E. GRANT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
Successor by Merger to Keystone Financial Bank, N.A.,
Pennsylvania 16601.
The name and address of the Plaintiff is Manufacturers and Traders Trust Company,
1331 Twelfth Avenue, Altoona,
2. The name and last known address of the Defendant is Rosemary E. Grant, 342
Walton Street, Lemoyne, Pennsylvania 17043.
3. Defendant, Rosemary E. Grant ("Defendant") executed and delivered to Pla'mtiff a
Commemial Guaranty (the "Guaranty'), a tree and correct photostatic reproduction of the original
showing the Defendant's signature is attached hereto as Exhibit "A" and made part hereof.
4. Defendant under the Guaranty, guaranteed to Plaintiff the payment of all amounts
due to Plaintiff by R. E. Grant Company, Inc. ("Debtor") under a Promissory Note dated January 26,
1995, in the original principal amount of Fifty Thousand and 00/100 Dollars ($50,000.00) (the
"Note"). A hue and correct photostatic copy of the Note is attached hereto as Exhibit "B".
5. Debtor is in default of Debtor's obligations to make payment to Plaintiff as required
in the Note and Defendant is in default of Defendant's obligations to make payment to Plaintiff
under the Guaranty.
$50,000 ~ 10.75 GuaranEy
6. Plaintiff has demanded payment in full of all outstanding mounts as provided in the
Note and the Guaranty. A copy of PlaintiWs demand is attached hereto as Exhibit "C" and made a
part hereof.
7. Defendant executed and delivered to Plaintiff a Disclosure for Confession of
Judgment ("Disclosure for Confession"), a tree and correct photostatic reproduction of the original
of which is attached hereto as Exhibit "D" and made a part hereof.
8. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
9. There has not been any assignment of the Guaranty.
10. Judgment has not been entered on the Guaranty in any jurisdiction.
11. An itemized computation of the amount due to Plaintiff by Defendant as a result of
Defendant's default under the Guaranty is as follows:
a. Principal
b. Interest to July 2, 2003
c. Attorneys' commission
$49,203.24
$ 5,434.85
$ 5~463.81
d. Total due to Plaintiff as of
July 2, 2003 $60,101.90
12. Interest continues to accrue at the rote of Eight and 88/100 Dollars ($8.88) per day as
provided in the Note.
WHEREFORE, Plaintiff, Manufacturers and Traders Trust Company, Successor by Merger
to Keystone Financial Bank, N.A., demands judgment against Rosemary E. Grant, Defendant, in the
amount of Sixty Thousand One Hundred One and 90/100 Dollars ($60,101.90), plus interest at the
rate of Eight and 88/100 Dollars ($8.88) per day, through the date of payment, including on and after
$50,000 @ 10.75 Guaranty
2
the date of entry of judgment on this Complaint, and costs.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: July 2, 2003
By:
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
$50,000 @ 10.75 Guaranty
3
COMMERCIAL GUARANTY
· :Principal .} Lpan Date i Maturity, ~ Loan No i Call i Collateral i Account · I'Officer i Initials
":':~"i"..' J .' f t i ~ i' · · ~ TCL t
References in the shaded area are for Lender s use only and do not limit the applicability of this document to any parficufer loan or item.
Borrower: R.E. Grant Company, Inc. Lender: Farmers Trust Company
342 Walton Street Highland Perk Office
Lemoyne, PA 17043 One West High Street
Certt~e, PA 17013
342 Walton Street
Lenloyne, PA 17043
AMOUNT OF GUARANTY. This tea guaranty of payment of the Note, Including without Ilmltstfon the prtnctpef Note amount of' Fifty Thousand
& 00/100 Dollars ($SO,OOO.00).
GUARANTY. For good and valuable considorstlon, Rosemary C. Grant ("Guarantor") apselutefy and unconditionally guarantees and promises
fo pay fo Farmers Trust Company ("Lender") or Its order, on demand, In legal tender of the United States of America, the tedehtednese (as
that term is defined below) of R. E. Grant Company, InC. ("Borrower") to Lender on the terms and conditions set forth In this Guaranty.
DEFINITIONS. The following words shell have the following meanings when used in this Guaranty:
Borrower. The word '1~TOWer' means R. E. Grant Company, Inc..
Guarantor. '~e word "Guarantor' means Rosemary C. Grant.
Guaranty. The word "Guaranty' means this Guaranty made by Guarantor for the benefit of Lender dated January 26, 1995.
Indehtsdness. The word "Indebtedness" means the Note, including (a) all principal, (b) all interest, (c) ell late charges, (d) ell lean fees and
lean charges, and (e) ell collection costa and expenses relating to the Note or to any collaleral for the Note. Collection costs and expenses
include without limitation all of Lender's attorneys' fees and Lender's legal expenses, whether or not suit is instituted, and attorneys' fees and legal
expenses for bankruptcy proceedings (including efforts to modity or vacate any autorcatlc stay or injunction), appeals, and any anticipated
post-judgment collection services.
LerKler. The word "Lender' means Farmers Trust Company, its successom end assigns.
Note. The word "Note" means the promissory note or oredit agreement dated January 26, 1995, In Ihs ortgteat principal amount of Sso,000.00
from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and suPstitutions for the
promissory note or agreement. Notice to Guarantor: The Note evidences e revolving line of credit from Lender to Borrower.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, secudty agreements, mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection with the Indebtedness.
MAXIMUM LIABILITY. The maximum Ileblllty of Guarantor under this Guaranty shall not exceed al any one time the amount of the
Indebtedness dese~tbed at)ova, plus all costs and expenses of (a) enforcemenl of this Guaranty and (b) collectfon and safe of any collateral
seclatng Ihis Guaranty.
The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time.
If Lender presently holds one or more guaranties, or hereafter receives additional guaranties fi'om Guarantor, the Hghta of Lender under all guaranties
shall Pe cumulative. This Guaranty shell not (unless specifically provided below to the contrary) affect or invalidate any such olher guaranties. The
liebitity of Guarantor will he the aggregate liability of Gtmrentor under the terms of this Guaranty and any such other unterminated gcaranifes.
NATURE OF GUARANTY. Guarenlor 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 within the limits set fodh in the preceding section of this Guaranty. This Gua~mty covers e
revolving line of Ct'etht and guarantor understands end agrees that this guarantee shall he open and continuous until the line of credit is
terminated and the Indehtedneua Is paid In full, se provided below,
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any aocepfenca by Lender, or any notice
to Guarantor or to Borrower, and will continue in full force unlit all indebtedness shell have been fully and finally paid and setisifed and ~11 other
obligations of Guarantor under this Guaranty shall have been per/orrnad in full. 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 Gcamrttore shall
not affect the liability of any remaining Guarantors undo' this Guaranty. This Guaranty covers a revolving line of cr~th ~ It Is specifically
anticipated that fluctuatlorre will o~cur in the aggregate amount of Indebtedness owing from Bo~'mvor lo Lender. Grantor apectffoatty
ac~nowtedgas and agrees that fluctuations In the amount of Indebtedness, even to zero dollars (S 0.~0), shall not constitute · termination ot
this Guaranty. GlJorantor'e Ifeblllty under Ihle Guaranty shell terminate only upon (e) termlnatten In writing by Bo~ower ~ Lender of the line
of credIt, (b) payment of the Indebtedness In full in legal tender, and (c) payment In full In legal leader of all other obligations of Guarantor
under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demer~ and wlthoUl teosenlng Guarantor's
Ilel)llity under thle Guaranty, from time to time: (a) to m~;e one or mom additional secured or unsecured loans to Borrower, to lease
equipment or other goods ts Borrower, or otherwise to extend apdltlonef credit to Borrower; ('o) to alter, compromise, renew, extend,
accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedneee or any part of the Indebtedness,
Including Increases and decreases of the rate of Interest on the Indebtsclneee; extensions may he repeated and may be for longer than the
original Isen thrm; (c) to t~ce end hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, fall or
ckKdde not to perfect, and release any such security, with or without the substitution of new collateral; (d) to release, sebstlfole, agree not to
sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose;
(e) to determine how, when end what application of Payments and credits shall be mede on the Indel~tedrmse; (f) to apply sech eeourlty and
direct Ihs order or manner of sale thereof, Including without IImllstlon, any nonjudicial sale permitted by the terse of the controlling security
agreement or deed of trust, as Lender In its dlanretfon may determine; (g) to Sell, transfer, ec~gn, or grant participations la all or any pm1 of
t~e !ndedtednese; anti (h) to ensign or transfer this Guaranty In whole or in pa~l.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements
of any kind have been mede to Guarantor which would limit or qualify in any way the terms of this Gumant~, (b) this Guaranty is executed at
E~orrowe~s request and not at the request of Lender; (c) Guarantor has nol and will not, without the prior wrlffee consent of Lender, sell, b~ese, assign,
COMMERCIAL GUARANTY Page 2
(Continued)
encumber, hypothecate, transfer, or otherwise dispose of all or substantially ail of Guarantor's assets, or any Interest therein; (d) Lender has made no
representation to Guarenter as to the creditworthiness of Borrower;, (e) upon Lender's request, Guarantor will provide to Lender tinenclal end credit
Information in form acceptable to Lender, and all such financial information provided to Lander is true and correct in all material respects end taidy
presents the financial condition of Guarantor as of the dates thereof, and no material adverse change has occurred in the tinanclal condition ol
Guarantor since the date of the tinacolal statements; and (f) Guarantor has eatebllshed adequate means of obtaining from Borrower on a continuing
basis information regarding Borrower's tinanclal condition. Guarantor agrees to keep adequately informed from such means of any lacts, events, or
circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shell have no obJ~gation
to disclose to Guarantor any information or dacumants acquired by Lender in the course of its relationship with Bm'rower.
GUARANTOR'S WAIVE. RS. Except as prohibited by applicable law, Gcarentor waives any right to require Lender (a) to continua 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 of nonaction on the part of Borrower, Lender, any surety, endorse,',
or other' guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) to reso,ff for
payment or to proceed directly or at once against any person, including Iaorrowar or any other' guarantor;, (d) fo proceed directly against or exhaust any
collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and place of any public or
private sale of bemonaJ prope~y security held by Lender from t~orrowar or fu 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 whatscever.
If now or hereafter (a) Bo~Tower shall be or become insolvent, and (b) the Indebtedness shall not at ail times until paid be fully secured by celletorsi
pledged by Borrower, Guarantor hereby forever waives and relinquishes in levor of Lender end Borrower, and their respective successors, any aisim or
right to payment Guarantor may now have or hereafter have or acquire against E~orrower, by subrogation or otherwise, so that at no time sha~
Guarantor be or become a "creditor" of Borrower within the meaning of 11 U.$.C. section 547(b), or any successor prevision of the Federal benkrupt~
Guarantor stsc waives any and all dghts or defenses arising by reason of (a) any Hone action" or "anti-deticlency' law or any ofr~' law which may
prevent Lander from bdnging any action, including a claim for def~lancy, against Guarantor, before or a~fer Lender's commencement or compfetion of
any forontosura action, either judicially or by sxerclce of s power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely
affects Guarantor's subrogation rights or Guarantor's dghts to pronead against r~orrower for reimbursement, including without limitation, any loss of
rights Guarantor may suffer by mason of any law limiting, quali~ng, or d~scherging the Indebtedness; (c) any disability or other defense of Borrower, of
any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full
in legal tender, of ~e Indebtedness; (d) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collataral for the
Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor ~s commenced there is outstanding
~ndebfedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in
eqult~ 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 retiet of debtcrs, 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 UtilDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set fodh above is made
with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrmy to
public policy or law. If any such waiver is determined to ba contrary to any applicable law or public policy, such waiver shall be effective only to the
extent permittad by law or public policy.
LENDER'S RIGHT OF SETOFF. In addition to ail liens upon end rights of eatoff against the moneys, securities or olher property of Guerantcr given to
Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a
contractual posseesory secudty interest in and s right of se/off against, and Guarantor hereby assigns, conveys, delivers, pledges, and transfers to
Lender all of Guarantor's dght, title and interest in and to, ail deposits, moneys, securtties 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 alse, or whether
hetd for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be
exercised without demand upon or notice to Guarantor. No security interest er right of setoff shall be deemed to have bean waived by any act or
conduct on the part of Lender or by any neglect to exercise such right of eatoff or to enforce such security interest or by any de[ay in so doing. Eve~
dght of cetoff and security interest shall continua in full force and effect until such right of setoff or security interest is speciticelly waived or released by
an instrument in writing exacutad by Lender.
SUBORDII~IATIO~ OF BORROWER'S DE~TS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whethar now
existing or hereafter created, shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower
becomes insolvent. Guarantcr 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 llquidefien of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the a,,'_eats of Borrower applicable to the
payment ct the claims of both Lender and Guarantor shell be paid to Lender and shell be first applied by Lender to the Indebtedness of Bcrrower to
Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or againsl any assignee or trustee in
bankruptcy of Borrower;, provided however, that such assignment shell be effective only for the purpose of assudng to Lender full payment in legal
tender of the Indebtedness. If Lander so requests, any notes or credit egreamants 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 he delivered to Lender. Guarantor agrees, and Lender
hereby is authOflZed, in the name of Guarantor, from time to time to execute end file financing statements and continuation statements and to execute
such other documents and to take such other' actions es Lender deems necessary or approprtafe to perfect, preserve and enforce its rights under' this
Guaranty,
MISCFI I ANEOUS PROVISIONS. The following miscellaneous provisions are s pad of this Guaranty:
Arcendmenfs. This Guaranty, together with any Related Dcoumenta, constitutes the entire understanding and agreement of the parties as to the
matters set fodh in this Guaranty. No alteration of or amendment to this Guaranty shell be effective unless given in writing and signed by the party
or parties sought to be charged or bound by the alteration or amendment.
Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a
lawsuit, Guarehtor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of
Pennsylvania. This Guaranty shell be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvanle.
Atlorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lender's
COMMERCIAL GUARANTY
(Continued)
Page 3
legal expenses, incurred in connection with the enforsement of this Guaranty. Lender* may pay someone else to help enfcxca this Guaranty, and
Guarantor shell pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' lees and legal exper=es
whether or not thee is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection ~. Guarantor also shell pay all court costs
and such oddltionai fees as may be directed by the court.
Notices. All notices required to be given by either party fo the other under this Guaranty shall be in writing and sh~ll be effeclhm when actually
detiverad or when deposited with a nationally recognized overnight courier, or when deposited in the United States mail, first clsEs postage
prepaid, addressed to the party to whom the notice is to be given at the address shown above or to such other addresses as either party may
dasigrmte to Ihs other in writing. If lhere is more then one Guarantor, notice to any GUarantor will constitute notice to all Gnarantom. 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 st'mil be
deemed to have been used in the plural where the context and construction so require; and where there is more then one Borrower named in this
Guaranty or when this Guaranty is executed by more then 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 ara 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 unenforca'~bta as to any person or circumstance,
such finding shall not render that iorovtsion invalid or unenforceable as to any othe~ persons or circumstannes, and all provisions of this Guaranty
in all ofhe~ respects shell remain valid and enforceable. If any one or more of Sorrower or Guarantor are corporations or partnerships, it is not
necessary fo~ Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting to act
on thai; 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 detay or omission on the part of Lender in exercising any right snail operate as a waiver of such dght or any other dght. A waiver by Lender of
a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right othe~vise to demand sthcl compliance with that provision or
any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a
waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent cf Lender is required
under this Guaranty, the granting of such consent by Lender in any instance shell not constitute continuing consent to subsequent instances
where such consent is required and in all cases such consent ma)' be granted or withheld in the so,~ 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 AND ALL ACCRUED Ih'T'F-REST,
TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL ~N_ANCE AND
ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (SE(X)) ON WHICH JUDGMENT OR
JUDGMENTS ONE OR MORE EXEC!JTIONS 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 AND STATES THAT GUARANTOR
HAS BEEN REPRESENTED SY LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE
FOREGOING AUTHORITY SHALL NOT EX'FEND TO ANY OF GUARANTOR'S RESIDENTIAL REAL PROPERTY AS THAT 'TERM iS DEFINED IN THE
PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PRO'I'ECTION LAW, AS
AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN
ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEVY 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 SE PERMF'F'FED TO EXECUTE, LEVY OR PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY P'ROM AND
AFTER THE Eh~RY 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, LEVY 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 TITL~"D "DURATIqN OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
LASER INRO, Reg. U.S. Pat, S 'T.~. OYf.. Var, 3.19 (c) 1995 CFI Pr'oServiees, thC. Alt rigm~ reser~e¢l. IPA-E20 REGRANT. LN C1 .OVL]
~.~ L~] z___ PROMISSORY NOTE (~ .... '" [ /
Bo~ower; R.E. Gr~Com~y,l~/ I ~Lender: FarmereirustCompany ~' ~ ~j
Principal Amount: $~,00~ ~tlal Rale: 10.750% Date of Note: Janua~ 26, 1995
Jun." $''*~ '""~A'~ V&~ }ARI( ," ....... "' ~
, v v ~' .... : PROMISSORY NOTE Page 2
(Continued)
R. E. G~anl ~mpapy, Inc. ~'~ ./
Ro~a~ F. Grent,~l~nl
Jun,l]. ~003 ]0:04AM M&T CANK ~.o.855:? ~, 2
Manufacturers and Traders Trust Compar~y
1331 12th Avenue, A/toana. PA 16601
(814) 947-1924
Fax: (814) 947-1922 Octo~'~ 9, 2002
speoa[ Asset~ Oepartrnent
**IMPORTANT NOTICE**
VIA CERTIFIED MAIL
Ms. Rosemary E. Grant
RE Grant Co. Inc.
342 Walton Street
Lemoyne, PA 17043-2026
Re: Account Number:
Amount Due:
3966323017 Account Number:
$20,065.23 Amount Due:
198979-30012
$49,203.24
Account Number:.
Amount Due:
198979-30004
$49~93.06
Dear Ms. Grant:
THE ABOVE ACCOUNTS ARE IN DEFAULT due to payment delinquency and
the cessation of business and/or insolvency of RE Grant Co., Inc. These are events of
default ureter the loan documents entitling the Bank to accelerate the indebtedness.
Accordingly, Manufacturers and Traders Trust Company (M&T Bank) demands
flnmediate and full payment of the above accounts. The amounts shown above must be
fully paid in order to avoid M&T Bank commencing legal actions agam~ you, RE Cmant
Co., Inc., and/or all guarantors to recover the unpaid principal amounts, plus all tmpa/d
interest, costs and fees.
In accordance with local Court rules, once any judgment is on record fi~r thirty
(30) days, M&T Bank can request that the Sheriff levy on your property, or any other
items of collateral, and thereafter conduct a public sale. Obviously, any legal action by
the Bank would place your continuing ownership of real estate and/or other personal
assets in significant jeopardy.
Please telephone me if you have any questions about M&T Bank's position in this
Assistant Vice President
t~pm
DISCLOS~.IE FOR CONFESSION OF ,~._DGMENT
I' .Principal [ Loan Date ~ .Maturity Loan No i Call ; Collateral Account ! Officer t Init
L_:._$~_,ooo.oo. ! ____~ . : _ : . i ...... , TCL t _
Re~ereoces in the shaded area are for Lender's use only and do nof limit Ihe applisebJ§~y Of Ih~s document to any particular Iaea o~ )1e111.
Bowower:
R. E Grant Coml~n¥, Inc.
342 Walton Slreet
Le~oyne, PA 17043
Guarantor:
342 walton Slreet
Lemoyne, PA 17043
Lender: Farmers Trust Comp~my
Highland Park Office
One West I.flgb Streel
Carlisle, PA 17013
DISCLOSURE FOR CONFESSION OF JUDGMENT
A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO
ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT
OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING 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, INTFI t ~GENTLY, AND VOLUNTARILY WAIVING
THESE RIGHTS, INCt. UDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXP~ESSt. Y AGREE AND CONSENT
TO LENDER'S ENTERING.. JJ~}G~=I~~... / AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT
PROVIS,O,. INITIALS: !~:. /
B. I 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 JDDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON
THE JUOGMEN'r BY FORECLOSING UPON, AT/ACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY
PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS
TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENitHED AND BEFORE EXECUTION ON THE JUDGMENT, I AM
KNOWINGLY, INTR ! !GEN'rLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S
IMMEDIATELY EXECUTING ON THE JUDGMENT,~IF.~A.~Y I~NNER...,s :~.~:.7~:.:~, PERMITTED BY APPLICA94.E STATE AND FEDERAL LAW, WITHOUT
GIVING ME ANY ADVANCE NOTICE, INITIALS:
~,/
/
C. AP;'t:R HAVING READ AND DETERMINED WHICH OFTHE FCYL. LOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY
INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
INITIALS
1
. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY.
~ 2. A REPRESENTAT,VE OF LENDER SPEC,FICALLY CALLED THE CONFESS,ON OF JUDGMENT PROV,SION 1. THE
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,00o; THAT THE BLANKS IN THIS DISCLOSURE WERE Flli Kn IN WHEN I
INITIALED AND SIGNED IT; AND 'I'HAT I RECEIVED A COPY AT THE TIME OF SIGNING.
MANUFACTURERS AND TRADERS
TRUST COMPANY, SUCCESSOR BY
MERGER TO KEYSTONE FINANCIAL
BANK, N.A.,
Plaintiff
ROSEMARY E. GRANT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION- LAW
: CONFESSION OF JUDGMENT
VERIFICATION
I, Keith P. Mangan, Assistant Vice President, for Manufacturers and Traders Trust
Company, successor by merger to Keystone Financial Bank, N.A., being authorized to do so on
behalf of Manufacturers and Traders Trust Company, successor by merger to Keystone Financial
Bank, N.A., hereby verify that the statements made in the foregoing pleading are true and correct to
the best of my information, knowledge and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to
authorities.
MANUFACTURERS AND TRADERS TRUST
COMPANY, SUCCESSOR BY MERGER TO
KEYSTONE FINANCIAL BANK, N.A.
$50,000 ~ 10.75 Guaranty
MANUFACTURERS AND TRADERS
TRUST COMPANY, SUCCESSOR BY
MERGER TO KEYSTONE FINANCIAL
BANK, N.A.,
Plaintiff
ROSEMARY E, GRANT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of Manufacturers and Traders Trust
Company, Successor by Merger to Keystone Financial Bank, N.A., Plaintiff in the above captioned
matter.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
/Geo~f~/ghuff, Esquire
~xtO?.e~j~Court ID #24848
2109 l~iarket Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
$50,000 ~ 10.75 Guaranty
MANUFACTURERS AND TRADERS
TRUST COMPANY, SUCCESSOR BY
MERGER TO KEYSTONE FINANCIAL
BANK, N,A.,
Plaintiff
ROSEMARY E. GRANT,
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of Plaintiff, Manut:acturers and Traders Trust
Company, Successor by Merger to Keystone Financial Bank, N.A., is 1331 Twelfth Avenue,
Altoona, Pennsylvania 16601; and that the last known address of the Defendant, Rosemary E. Grant,
is 342 Walton Street, Lemoyne, Pennsylvania 17043.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Pla'tariff
$50,000 @ 10,75 Guaranty
MANUFACTURERS AND TRADERS
TRUST COMPANY, SUCCESSOR BY
MERGER TO KEYSTONE FINANCIAL
BANK, N.A.,
Plaintiff
ROSEMARY E. GRANT,
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CONTESSION OF JUDGMENT
AFFIDAVIT OF NON-MILITARY SERV/CE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that the Defendant, Rosemary E. Grm~t, in the
above-captioned action is not presently on active or nonactive military status.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
By: /.'f//~Y/
Geof~fj ~uff,.~quire
2S ~09t~M a~tU~e~e t#24848
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
%50,000 @ 10.75 Guaranty
MANUTACTURERS AND TRADERS
TRUST COMPANY, SUCCESSOR BY
MERGER TO KEYSTONE FINANCIAL
BANK, N.A.,
Plaintiff
ROSEMARY E. GRANT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
NOTICE
TO: Rosemary E. Grant
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
JUDGMENT BY CONFESSION has been entered against you in the above proceedhng and that
enclosed herewith is a copy of all the documents filed in support of the said judgment.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
GEOFFREY S, SHUFF, ESQUIRE
TELEPHONE NUMBER: (717) 737-3405