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HomeMy WebLinkAbout03-3267MANUFACTURERS 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 attomey, the original or a copy of which is attachl~d to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal Other authorized items: Interest to July 2, 2003 Attorney's Commission TOTAL $49,293.06 $ 4,118.01 $ 5,341.11 $58,752.18 plus additional interest, and costs from the date of the Complaint. Date: July 2, 2003 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ? re S~:e. me~Couft ID #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 $50,000 @ 9.79 Guaransy 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 NO. 5ZCe7 : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is Manufacturers and Traders Trust Company, Successor by Merger to Keystone Financial Bank, N.A., 1331 Twelfth Avenue, Altoona, Pennsylvania 16601. 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 Plaintiff a Commercial Guaranty (the "Guaranty"), a true 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 tree 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 @ 9.75 Guaranty 6. Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note and the Guaranty. A copy of Plaintiff's 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 trne 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 Attorneys' commission Total due to Plaintiff as of July 2, 2003 $49,293.06 $4,118.01 $ 5~341.11 $58,752.18 12. Interest continues to accrue at the rote of Seven and 53/100 Dollars ($7.53) 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 aga'mst Rosemary E. Grant, Defendant, in the amount of Fifty-Eight Thousand Seven Hundred Fifty-Two and 18/100 Dollars ($58,752.18), plus interest at the rate of Seven and 53/100 Dollars ($7.53) per day, through the date of payment, $90,000 @ 9.75 Guaranty 2 including on and after the date of entry of judgment on this Complaint, and costs. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: July 2, 2003 By: /~/~,~ ,/' Ge .L~eSrS;/Shuff, Esquire // ~Sufsreme Court ID #24848 ~ 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $50,000 @ 9.75 Guaranty 3 COMMERCIAL GUARANTY ..~.'..., Principal '.~ Loan,Date. J Maturity [ Loan No i Call .i Collateral .~ . .Account i. Offieer ~ Initials ...... '.t__'" : .:.! .... i ....... · ...; _..I ',t' L;.I ..... References in the shaded area am for Lender's use only and do not limit the applicability of this decument to any particular loan or item. Borrower: R.E. Grsnt Company, Inc. Lender: 342 Walton Street Lmaoyne, PA 17043 Guarantor: Ross~ C. Grant 342 Walton Street Lemoyne, PA 17043 Farmers Trust Company Highland Prat( Office One West High Street Carlisle, PA 17013 AMOUNT OF GUARANTY. This Is a guaranty of payment of the Note, including without limtistlon Ihe principal Note amount of Fifty ThOUsand & O0/lOO Dollars ($5o,o00.0O). GUARANTY. For good and valuable consideration, Rosemary C. Grant ("Guarsnlor') absolutely and unconditionally guarantees and promises to pay to Farmers Trust Company (''Lender") or Its order, on dentand, In legal lander of the United States of America, the Indabtedneea (as that term is defined below) o! R. E. Grant Company, Inc. ("Borrower") to Lender on the terms and conditions set toHlt in this Guaranty. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word '~orrowed' means R. E. Grant Company, inc.. Guarantor. The word "Guarantor~ mssns Rosemary C. Grant. Guaranty. The word 'Gueranh/' means this Guaranty made by Guarantor for the benefit of Lender dated January 26, 1995. Indebtedness. The word "indebtedness# means the Note, in~tuding (a) all prJncipal, (b) ail interest, (c) all lite charges, (d) all loan fees and loan charges, and (e) all cotiection costs and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses include without limitation all of Lendeds attorneys' fees and Lender's legal expenses, whether or not suit is instituted, and attorneys' fees and legal expenses for bankruptcy proceedings (including effort's to modify or vacate any automatic slay or injunction), appeals, snd any snticipated post-judgment collection sen/ices. Lender, The word "Lender" means Farmers Trust Company, its successors and assigns. Note. The word "Note" means the promissory note or credit agreement dated January 26, 1995, In the original principal amount of fi.om Borrower to Lender, together with all renewals of, extsnsJons of, moditioations of, refinenc~ngs of, consolidations ct, and substitutions for the promissory note or agreement. Notice Io Guarantor: The Note evidences e revolving line of credit from Lender to Berrmver. Raloted Documents. The words "Related Documents" mean and include without limitation el~ promissory notes, credit agraemen~s, loan agreements, environmental agreements, guaranties, sesUrity agreements, modgages, deeds of trust, and al{ other insfi.uments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described above, plus ell COotS end expenses of (a) enforcement of this Guaranty and {b) cctlection end sela of any coflafo~l securing this Guaranty. The above limilition on liability is not a restriction on the amount of the Indebtedness of Sorrowe~ to Lender either in the aggragate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives addltionel guaranties fi.om Goarantor, the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. The liabitity of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated gueranfles. NATURE OF GUARANTY. Guarantor intends to goarantea at all times the performance and prompt payment when due, whether at maturity or earlier tiy mason of acceleration or otherwise, of all Indebtedness within the limits set folth in the preceding section of this Guaranty. This Guarsnty covers a revolving line of credit and guarantor understands and agrees that this guerenles shall be open and continuous until the line of credti Is terminated and the Indebtedness Is paid In fOil, as provided below. 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 fame until all Indebtedness shall have been fully and finally paid and sstistied and al~ other obligations of Guarantor under this Guaranty shall have been performed 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 Guemniora sha~l not affect the liability of any remaining Guarantors under this Guaranty. This Guaranty covers a revolving line of eredti and it Is ~oectflcally anticipated that fluctuations will occur In the aggregate amount of Indeblednese owing from Borrower to Lender. Granter specifically acknowledges and agrees Ihal fluctuations In the amount of Indebtedness, even to zero dollers ($ 0.0O), shell not conctltote a termination of this Guaranty. Guarantor's liability under this Guaranty shall terminate only upon (a) termination In vn'lting by Borru~sr erui Lender of the line of eredti, (b) payment of the Indebtedness In fOil in legal tender, and (c) payment in fOil in legal tender of all other ebllgatioas of Guarantor under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or denmnd and without lessening Guarantor's Ilabgtiy under this Guaranty, from time to time; (a) to m~<e one or more eddltionet setuP'ed or unsecured loans to Borrower, to equipment or other goods to Borrower, or otherwise to exlend eddtitonal crsdlt to Borruwer; {b) to alter, compromise, renew, exfend, ancelerote, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, Including Incr~,, _e,~s 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 and hold sscurtty for the payment of this Guaranty or the Indebtedne.ss, and exchangu, enforce, waive, fall or decide not to perfect, and release any each security, with or without the subatlfotlon of new collateral; (d) to re~,*~,_,~e_, substitute, 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; (a) to determine hew, when and what application of paymento and credits shall be mede on the Indebtedness; (t) to ebply such sscurity and direct the order or manner of uala thereof, Including without limitation, any nonjudicial sale permitted by the terms of the controlling securtiy agreement or deed of trust, as Lender In Its dlecrotion may determine; (ti) to sell, transfer, assign, or gmat participations In ail or any pad of the Indebtedness; and (h) to assign or franstsr this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guamritor represents and warrants to Lender that (a) no representations or agreements of any kind have been made to Goamntor which would limit or quality in any way the terms of this Guaranty; (b) this Guaranty is executed at Borrower's request and not at the request at Lender;, (c Guarantor has ncr and w!ll r~ot, without the prior wdffen consent of Lender, ssti, lease, assign, COMMERCIAL GUARANTY (Cohtinued) Page 2 encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any Intaresl therein; (d) Lender has mede no mprasenteflon to Guarantor as to the croditwodhinass of Borrower; (e) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information provided to Lender is true and correct in all matsrial raspe¢~ and fairly presents the financial condition of Guarantor as of the dates thereof, and no metehel adverse change has oosurmd in the financial condition of Guarantor since the date of the financial statements; and (f) Guaranto¢ has established adequate means of obtaining fi.om Borrower on a continuing basis information reg~rdiog Borrower's financial condition. Guarantor agrees to keep adequately informed fi.om such means of any facts, events, or cimumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor fudher agrees thel Lander shall have no obligation to disclose to Guarantor any information 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 conlinue lending money or to extend other credit to Sorrower', (b) to meke 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 nonection on the pad of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtednees or in connection with the creation of new or additional loans or obligations; (c) to resort for payment or Io proceed directly or at once egsinst any pemon, including Borrower or any other guamntoc, (d) to 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 pemonat properly 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. ft now or hereafter (a) Borrower shell be or become insolvent, and (b) the Indebtedness shall not at all times until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and relinquishes in favor of Lender and Borrower, and their respective successors, any cisim or dght to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shell Guarantor be or become a "croditor' of Borrowor within the meaning of 11 U.S.C. section 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses arising by reason of (a) any "one action" or "anti-deficiency" Jaw or any other law which may prevent Lender fi.om bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exorcise of a power of sale; (b) any election of remedies by Lender which destroys or oth~ adversely affects Guarantor's subrogation rights or Guarantor's dghts 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 Borrower, of any other guarantor, or of shy other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in ful~ 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, ii' at any time any action or suit brought by Lender against Guarantor is commenced there is outstanding Indebtadness of Borrower to Lender which is not barfed by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in equity other than actual payment and performance of the indebtedness, if payment is made by Borrower, whelher voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Bon'ower's trustee in bankruptcy or fu any similar person under any federal or state bankruptcy law or law for the relict of debtors, the indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives and agrees not to assed or claim at any time any deductions fo the amount guaranteed under this Guaranty for any claim ct sefoff, counterclaim, counter demand, recoupmenf or similar dghf, whether such cisim, demand or right may be assayed by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDIHG WITH RESPECT TO WAIVE'RS. 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 reesonebis and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shell be effective only to the extent permitted by isw or public policy. LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of sefoff against the moneys, secunties or other property of Guarantor given 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 possessory security interest in and a right of sefoff against, and Guarantor hereby assigns, conveys, delivers, pledges, and transfers to Lender all of Guarantor's right, title and interest in and to, all 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 wheth~ held for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such secunty interest and dgbl of setoff may be exercised without demand upon or notice to Guarantor. No security interest or right of setoff sheti be deemed fo have been waived by any act or conduct on the part of Lender or by any neglect to exercise such dght of setoff or to enforce such secudty interest or by any delay in so doing. Every dght of sefoff and security interest shall continua in full force and effect until such right of setoff or socudty interest is specifically waived or released by an instrument in wnting executed by Lender. SLEIORDINATION OF BORROWER'S DIE,TS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now e~dsting or hereafter created, shell be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Sorrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvancy and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of ~orrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shell 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 egainst Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shell be effective only for the purpose of assuring to Lender full payme~t.J~ 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 · legend that the same are subject to this Guaranty and shell be delivered to Lender. Guarantor agrees, and Lender hereby is authorized, in the name of Guarantor, fi.om time to time to execute and file financing statements and continuation statements and to execute 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. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Gcaranty. together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the metiers set fodh in this Guaranty. No alteration of or amendment fro this Guaranty shell be effective unless given in writing and signed by the party or perties sought to be charged or bound by the alteration or amendment. Applicable Law. This Guaranty has been deliver'ed to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Guaranlor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylventa. This Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees end Lender's COMMERCIAL GUARANTY (Continued) Page 3 legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone elsa to help enforce thiS Guaranty, end Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and isgal expenses whether or not there is a tswsuit, including attorneys' fees and tegal expenses for bankruptcy proceedings (and including effods to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment coitection services. Guarantor also shall pay all court costs and such additional fees as may be directed by Ibe coud. Notices. All notices required to be given by either party to the other under this Guaranty shall be in writing and shall be effective when actually delivered or when deposited with a nationally recognized overnight courier, or when ~epositad in the United States mail, first ctass postage prepaid, addressed to the party to whom the notice is to be given at the address shown above or to such other addresses as either party may designate to the other in writing, if there is more than one Guarantor, notice te any Guarantor will constitute notice to all Guarantors. For notice puq~oses, Guarantor agrees to keep Lender informed at all times of Guarantor's current addraas. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all worrds used in this Guaranty in lhe singular shall be deemed to have been used in the plural where the context and construction so require; end where there is more then one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower' and "Guarantor"' raspectivsiy shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Landed' include the heirs, succassom, assigns, and transferees of each of them. Caption headings in Ihis Guaranty ere 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 unenforcaable as fo any pe~on ~ circumstance, such finding shall not render that provision invalid or unenforceable as to any other parsons or circumstances, and all provisions of this Guaranty in all other respects shell remain valid and enforceable. If any one or more of Borrower or Guarantor ara corporations or padnerships, 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 purpoding to act on their behalf, end any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed unde~ this Guaranty. Waiver. Lender shall not be deemed to have waived any rights under thiS Guaranty unless such walva~ is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any dght shell 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 dght otherwisa 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 transactions. Whenever the consent of Lender iS required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consant to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A'C'~ORNEY 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 INTEREST, TOGETHER WITH COSTS OF SUiT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED iNTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FrVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY iSSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY' GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY R~GHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT GUARANTOR HAS BEEN REPRESENTED BY LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO ANY OF GUARANTOR'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY 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 PROPER'Pt AND THAT THE HOLDER THEREOF SHALL BE PERMI'~'ED TO EXECLITE, 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 E)~ECUTION, 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 DE~.IVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER tS NECESSARY TO MAKE THIS GUARANTY E~'FECTIVE. THIS GUARANTY IS DATED JANUARY 26, 1991i. ANT° "= / R°v/S~lflary C~,Gnsnt (" LAaER F~O, Reg. U.S. Pat, & T.M. Off,, Vet, 3. $ 9 {C) 1995 CFI ProServlces, Inc. Afl righ ts reserved.iPA-E20 REGRANT,L N C ~ .OVL} PROMISSORY NOTE Principal Loan Date t Maturity i Loan No i Call i Collateral ! Account ! Officer i" Initials SSO,O00.O0 [ [ [ ' I TCL i References in the shaded area are for Lender's use only and do not limit the spplicabilily of this document to any particular lOan or item. Bo~ower: R. E. Grant Company, Inc. 342 Walton Street Lemoyne, PA 17043 Lender: Farmers Trust Company Highland Park Office One West High Street Carlisle, PA 17013 Principal Amount: $50,000.00 Initial Rate: 9.750% Date of Note: January 26, 1995 PROMISE TO PAY. R.E. Grant Company, Inc. ("Borrower") promises to pay to Farmers Trust Company ("Lender"), or order, in lawful money of the United States of America, on demand, the principal amount of Fifty Thousand & 00/100 Collars ($50,000.00) or so much es may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan Immediately upon Lender's demand. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due es of each payment date, beginning February 26, 1995, with all subsequent interest payments to be due on the same day of each month after that. Borrower will pay Lender at Lenders address shown above or af such other place as Lender may desigr~ta in writing. Unless otherwise agreed or required by appiicabts law, payments will be applied first to accrued unpaid interest, then lo principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is the Farmers Trust Company Base Rate (the "index"), The Index is not necessarily the lowest rate charged by Lender on its loans and is set by Lender in its sole discretion. If the Index becomes unavailable during lhe term cf this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the currenl Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well The interest rate change will not occur more often than each day. The Index currently is 8.750% par annum. The Interest role to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting in an Initial rate of 9.750% per annum. NOTICE: Under no circumstances will the interest rata on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penatfy all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed lo by Lenctar in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid intarest. Rather, they will reduce the pdnc~pa/baisnce due. DEFAULT. Borrower will be in detault if any of the following happens: (al Borrower fails to make any payment when 0ue. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to perform promptly et the time and strictly irt the manner provided in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any Joan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, Jn favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or pertcrm Borrower's obligations under this Note or any of the Related Documents. (d) Any representation or slatament made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any matadai respect. (el Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (fl Any creditor tries lo take any of Borrower's property on or in which Lender has a lien or secudfy interest. This includes a garnishment of any of Borrower's accounts with Lender. (gl Any of the events described in this default section Occurs with respect to any guarantor of this Note. (h) Lender in good faith deems itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits Under applicable law, Lender's attorneys' fees and Lender's tagat expenses whether or not there is a lawsuit, including attcrney~' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibite0 by applicable law, Borrower als0 will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there Is s lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County~ the Commonwealth of Pennsylventa. This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual possessory security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender alt Borrower's right, title and inleresf in and to, Borrower's accounts with Lender (whether checking, savings, or some other account1, including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA, Keo9h, and trust accounts. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoft all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by, in addition to any other collateral, a Mortgage dated January 26, 1995, to Lender on real properly located in Cumberland County, Commonwealth of Pennsylvania, and a Mortgage dated January 26, 1995, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested orally by Sorrower or by an authorized person. Lender may, but need not, require that ell oral requests be confirmed in writing. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following party or parties are authorized to request advances under the line of credit until Lender receives from Borrower at Lender's address shown above wdtten notice ct revocation of their authority: Rosemary E. Grant, President. Borrower agrees to be liable for all sums either: (al advanced in accordance with the instructions of an authorized person or (b) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on lhis Note or by Lender's internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Nots if:. (al Sorrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any agreamenl made in connection with the signing of this Note; (b) Bon'ower or any guarantor ceases doing business or is insolvent; (c) any guarantor seeks, claims or otherwise aflempts fo limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender; (d) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender; or (el Lender in good faith deems it.ll insecure under this Note or any other agreement between Lender and Borrower. PROMISSORY NOTE ,~.. Page 2 (Continued) ~ENERAL PROVISIONS. This Note is payabte on demand, The inclusion of specific default provts~ons or rights of Lender shell not preclude Lender's right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent aJtowed by law, waive presentment, demand ~or payment, protest and notice of dishonor, Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no pa.dy who signs this Note, whether es maker, guarantor, accommodation maker or endorser, shall be released fi.om liability. All such perties agree that Lender may renew or extend (repeatedly and for any langth of time) this loon, or release any party or guarantor or collateral; or impair, fail to reatize upon or perfect Lender's security interest in the collateral; end take any other action deemed nsc~--~ry by Lender without the consent of or notice to anyons. Ai~ such parties also agree that Lender may modify this loon without the consent of or notice to anyone other than the party with whom the moditicetion is made. If any portion of this Note is for any reason determined to be ueanforceabla, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A'CFORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WITH OR WrTHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, TOGETHER WITH COSTS OF SUFF, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT iN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVn' SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORrl'Y, BLrT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING JN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT BORROWER HAS BEEN REPRESENTED BY LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING ALITHORITY' SHALL NOT EXTEND TO ANY OF BORROWER'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANJA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORrTY 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 BE PERMITTED TO EXECUTE, LEVY OR PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY FROM AND AFTER THE ENTRy OF A JUDGMENT AS CON'i"EMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 29B6 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATLJTES AND RULES. NO LIMITATION OF LIEN OR ANY ED(ECUTION, 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. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: R. E. Grant .~op~pecy, In~. ~ By: ?:~::.::.: :i:.::::.~i~iii ii ili::::.~i~'~ R~emary~E. G~fft, P'remdent Manufacturers and Traders Trust Compar~y 1331 12th Avenue. Altoona. pA 16601 (814) 9&7-1924 Fax: (814) 947 1922 Octob,=r 9, 2002 **IMPORTANT NOTICE** VIA CERTWIED 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: 198979-300 $49,203.24 Account Number: Amount Due: 198979-30004 $49,293.06 Dear Ms. Grant: THE ABOVE ACCOUNU'S ARE IN DEFAUUF due to payment delinquency, and the cessation of business and/or insolvency of RE. Grant Ct)., Inc. These are evtmLs of default under the loan documents enfitl/ng thc Bank to accelerate thc indebtedness. Accordingly, Manufacturers and Traders Trust Company (M&T Bank) demands mediate and fifll payment of the above accounts. The mounts down above must bt: fully paid in order to avoid M&T Batik commencing legal actions against you, RE Grant Co., Inc., and/or all guarantors to recover the unpaid principal mounts, plus all tmpa/d interest, costs and fees. In accordance with local Court rules, once any judgment is on record for 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 continu/ng 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 rtmtter. Assistant Vice President &pm DISCLOSb, E FOR CONFESSION OF J,_.JGMENT Principal Loan O~ Maturity Loan NO call .... ~:~T';i Account Officer; Inlflal~ 1 ,~.~.~ ,, [ TCL,.. j Re~r~c~ in t~ s~d~ a~ a~ for Lenders ~ only and do not lim~ the appli~blli~ of t~ d~u~nt to any pa~u~ I~n or ~em. ~ Borrower: R. E. Grant Company, Inc. 342 Welton Slreet Lemoyne, PA 17043 Guarantor: Ro~ma~y C. Gra~t 342 Walton Street Lemoyne, PA 17043 Lender: Farmers Trust Company Highland Park Office One West High Street Carflsle~ PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF , 19 , A GUARANTY OF A PROMISSORY NOTE FOR $50,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOUI. D 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, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. 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 JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE 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. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTE3J_IGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELy EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: ::::::::::::::::::::::: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL. IN CONNECTION WITH THE GUARANTY. '~'~2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE · CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. AFFIANT: ~ ~semafy c. [iranl.'/ ' / / 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. Date: ~j~,/~/ ~ ~-~00~ By: $50,000 % 9.75 ~uarant¥ 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. b3- 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 Date: 3 Cci~ oQ, o~003 By: Su~em(Couaf ID #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $50,000 ~ 9.75 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 CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, Manufacturers and Traders Trust Company, Successor by Merger to Keystone Financial Bank, N.A., is 1331 Twelf~ 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 Date:3Lc/'{ oQ, ~0~2~ By: '2-I-09 Market :eet Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $50,000 @ 9,75 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 NO. ¢3i CIVIL ACTION - LAW CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant, Rosemary E. Grant, in the above-captioned action is not presently on active or nonactive military stares. Date:3 ~.~1~ Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY xSat:~ffe Court ID #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff %50,000 @ 9.75 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 NO. 03-' ~k67 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 proceeding 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 Prothonotary $23,737.30 Guaranty