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HomeMy WebLinkAbout03-3269MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff R. E. GRANT COMPANY, INC., 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 judgment in favor of the Plaintiff and against Defendant as follows: Principal Other authorized items: Interest to July 2, 2003 Late Charges Attorney's Commission TOTAL Date: July 2, 2003 $23,737.30 Note $20,065.23 $ 2,388.11 $ 452.95 $ 2~245.33 $25,151.62 plus additional interest, and costs from the date of the Complaint. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: Geo~ Sul~.gme~Court ID #24848 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff R. E. GRANT COMPANY, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA t NO. CIVIL ACTION - LAW CONFESSION OF JUDGMENT COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 Successor by Merger to Keystone Financial Bank, N.A., 1331 Pennsylvania 16601. The name and address of the Plaintiff is Manufacturers and Traders Trust Company, Twelfth Avenue, Altoona, 2. The name and last known address of the Defendant is R. E. Grant Company, Inc. ("Defendant"), 342 Walton Street, Lemoyne, Pennsylvania 17043. 3. Defendant executed and delivered to Plaintiff a Promissory Note in the original principal amount of Twenty-Three Thousand Seven Hundred Thirty-Seven and 30/100 Dollars ($27,737.30) ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a part hereof. 5. Defendant executed and delivered to Plaintiff a Disclosure for Confession of Judgment ("Disclosure for Confession"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "C" and made a part hereof. $23,737.30 Note 6. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 7. There has not been any assignment of the Note. 8. Judgment has not been entered on the Note in any jurisdiction. 9. The mount due to Plaintiffas a result of Defendant's default is as follows: a. Principal $20,065.23 b. Interest to July 2, 2003 $ 2,388.11 c. Late charges $ 452.95 d. Attorney's Commission $ 22~45.33 TOTAL $25,151.62 10. Interest continues to accrue at the rate of Five and 30/100 Dollars ($5.30) 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 R. E. Grant Company, Inc., Defendant, in the amount of Twenty-Five Thousand One Hundred Fifty-One and 62/100 Dollars ($25,151.62), plus interest at the rate of Five and 30/100 Dollars ($5.30) per day, through the date of payment, 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:~ ~squ G ire Spr~ Codrt ID #24848 2 l'U9 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $23,737.30 Note Borrower: : P R NOTE $23,?37.30 05-26.-2000 t 08-~=-2~)8 I '3li~20'''~ I COMM SEC ~JSeJ'/F'-' C1:!'-850 ' I References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. I Any item above containing ..... has been omitted due to text length limitations. R. E. Grant Company, Inc. Lenderi Keystone Ffeanciai Bank, N.A. 342 Walton Street Camp Hill RBC Lemoyne, PA 17043 4231 THndte Road Camp Hill, PA 17011 Principal Amount: $23,737.30 Date of Note: May 26, 2000 PROMISE TO PAY. R. E. Grant Company, Inc. ("Borrower") promises to pay to Keystone Ftheaclai Bank, N.A. ("Lender"), or order, In la~l money of the United States of America, the prlnefpef amount of Twenty Three Thousand Seven Hundred Thirty Seven & 301100 Dollars ($23,737.se}, together with interest at the rate of 9.~0% per annum on the.unpeld principal balance from May 26, 2~, until paid In full. PAYMENT. Borrower wtil pay this loan In accordance with the following payment schedule: 98 monthly ocnssctdlve payments of each, begthefng June 26, 2~00~ with interaat calculated on the unpaid principal balances at an Interest rate of 9.~:~% per annum; and one payment of $349.65 on August 2~, 2008~ with Interaet calculated on the unpaid prtnclpai balances at an Interest rate of 9.500% per annum. This estimated final payment is baaed on the assumption that all payments will be made exactly ea scheduled; the actual final payment will be for all prlnclpef and accrued interest not yet paid, together with any other unpaid amounts under this Note. U~lese otherwise agreed or reqolred by adpticabte law, payments wtil be applied firai fo scdrUed unpaid Interest, then to principal, and any remaining amount to any unpaid ceflecflon costs and late charges. The annual Interest rate for this Nolo is computed on a 366/360 beefs; that Is, by applying-the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual nse~ber of days the principal balance la oufotendlng. Borrower will pay Lender at Lender's address shown above or et such other place as Lender may designate in writing. pREPAYMENT PE'NALTY. Upon prepayment of thio Note, Lender ia entitled to the following prepayment penalty: If, on the Prepayment Date, the Index la Iaea lhan the note rate, a prepayment penally, aduef to the product of the principal amauat prepaid~ the FIole Differential and the number of ysera (12 month periods) remainthg the Loan Term, shall be due and payable from the Sorrower. If, on the Prepayment Date the index Is more than the note rate, there shall he no prepayment penalty charged. Prapeyment Date. Anytime during the lerm when the Borrower repays outstanding principal, In whole ar In pert, other than regularly scheduled prioclpai payments ea provided within any promlean~/note ead relsted documentation evldancJng thio loan. Index. The average per snnum ylefd Io maturity, expreeaed sa A percent, of ectively traded Iseuea o1 Unllad Stetan Treeaury Securillea, ~lluated to constant maturitlea which instruments shall hsvs a term most cloeaty epproximatthg the remaining term of the Icao on eech and any prepayment Date. The applicable ylefd wtil be the quoted average rate for the month Immedtetely preceding the month in which the Prepayment dste oocure; and darlved from the Federal Reserve Stetlatical Refesse on Selected Interest Ffates (the "Relate") ea and when published by the U.S. Tram~ur~ Oepertmanl. If more then one U.S. Traeaury Security would comply with the requirement of the provlaions herein, the Security hsvlng the lowest average per annum yield shall apply. If the Reteeae is not in pebtication at any Prepayment Dais, any comparable publication or release ut the U.S. Treeaur~ Department or any othe United States governmental department covedng the adplicabte parted for this competetion shsll be used. If no comparable release or publication la puhttefted, the Index shsll not apply. Rate Dlfrerentiai. A Rats Dlfferenttel ehefl ealef where the Index on any Prapeyment Date Is less than the loan Interest rate. Exoept for the foregoing, Borrower may pay all or a portion el the amount owed earlJar than if is due. Early payments will not, unless agreed lo by Lender Jn writing, relieve Borrower of Borrower's obllgetion to continue lo make payments under the payment schedule. Raihar, early payments will reduca the prJnoJpal belance due snd may rasuti in Borrewer's making fewer paymenls. Borrower agrees not to send Lender payments maned "paid in full", "without recourse", or similar language. If Borrower sends suoh A payment, Lender may aocept it without losing any of Lender's r~hts under this Note, end Borrower will rameln obfigeted to pay any further amount owed to Lender. Ail written communications ooncarning disputed amounts, including any check or other payment instrument that indicates that the payment oonstitutas "payment in full" ef the smount awed or that is tendered with other oonditions ar IImitatioos ar es full satisfaction of A disputed Amount must be mailed or delivared to: Keystone Financisl Sehk, N.A.; Camp Hill 4231 Tdndle Road; Camp Hill, PA 1701 I. LATE CHARGE. If A payment is 15 days or more late, Borrower will be charged 5.000% cf the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pe~y upon final maturity, Lender, At its option, they, if permifled under applicable law, increase the interest rets on this Note 5.000 percentage points. The {ntersst rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for In this Note. DEFAULT. Each of the following shall constitute An event of default ( Event of Default' ) under this Note: Payment Default. Ban'ower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any ierm, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default In Favor of Third Parlles. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, pumhase or sales Agreement, or any other egrsement, in favor of any other creditor or pemon that may materially effect any of Borrower's property er Borrower's ability to repsy this Note or perform Borrower's obligations under this Note or any of the related documents. False Slatemeats. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behelf'under this Note or the related documents is false or misleading in any material respect, either now or at the time mede or furnished or becomes false or mislea~dlng At any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going businass, the insolvency of Sorrower, the Appointment of a recaivar for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by Any governmental agency against Any collateral securing the loan. This includes a garnishment of any af Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not ai3ply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding PROMISSORY NOTE (Continued) Page 2 and if Borrower gives Lender wriden notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lander, in its sole discretion, as being an adequate reserge or bond for the dispute. Events Affecting Guarantor. Any of the preceding events cccurs with respect to any Guerantcr of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness . In the event of a deeth, Lender, st its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligeticns adsing under tho guaranty In a manner eetisfaofory to Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the commo,,n stock of Borrower. Adverse Change. A matadal adverse change occurs in Borrower's financial condltion~ or Lender believes the prospect of payment or performance of this Note is imp~rad. Insecurity. Lender in good faith believes Itself insecure. .~, Cure Provisions. If any default, other than a default in payment, is curable and if Sorrower has not been given a notice M a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving wdtfan notice frcm Lender demanding cure cf such default: (1) cures the default within fifteen (15) days; or (2) if the dura requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues end completes all reasonable and necessary steps sufficient to produce compliance es soon as reasonably practical. LENDER'S RIGHTS, Upon default, Lender may, after giving such notices as required by applicable law, decfare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help ooliect the loan if Borrower does not pay. Borro-wer will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, wheth~er-or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate spy automatic sfay or injunction), and appeels. If not prohibited by applicable law, Bon'ower atso will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the dght to any jury trial in any action, proceeding, or countemlsim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvecta. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. if there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account]. This includes all accounts Borrower holds jointly with someone eisa and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff ail sums owing on the Indeptadness against any and all such accounts, and, at Lender's option, to administratively freeze afl such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by a Mortgage dated May 26, 2000, to Lender on real property described as "Reel Property located at 342 Walton Street, Lemoyne, PA 17043" and lecatsd In Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note; a Mortgage dated May 26, 2000, to Lender on real property deschbed as "Reel Property located at 338 Walton Street, Lemoyne, PA 17043" and located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note; and an Assignment of All Rents to Lender on real property described as "Real Property located at 338 Walton Street, Lemoyne, PA 17043" and located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shsil inure to the benefit of Lender and Lender's successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its dghts or remedies under this Note without losing them. Bon'ower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from Itsbility. All such parties agree that Lender, may renew or extend (repeatedly and for any length of time) this Ican or release any party or guarantor or coltstsral; or impair, tail to realize upon or perfect Lender's secudty interest In the coliataral; and take any other action deemed necessary by Lender without the consent of or noflc~ to anyone. All such padies also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the rnodlflcation is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceeble, it will not affect the enfomesbility of any other provisions of this Note, CONFESSION OF JUDGMENT. BORROWER 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 BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THtS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED IN'r~REST 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 SY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER 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 NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S A~ [~=NTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE-. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE, " THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTEI,~MENT ACCORDING TO LAW. BORROWER: Manufacturers and Tradera Trust Company 1331 12th Avenue, AJtoona. PA 16~Q1 {814) 947-1924 Fax: (814) 947-1922 October 9, 2002 Sp0oaJ Assets Oepa~ment **~ORTANT NOTICE** VIA CERTI2~_.D MAIL Ms. Ros~alary E. Grant RE Grant Co. Inc. 342 Walton Street Lemoyne, PA 17043-2026 Re: Account Nmnber__ Amount Due: 39663230t7 Account Number: $20,065.23 Amount Due: 19897%300.12 $49,203.-24.__- Account Number:. 3anount Due: 19897%30004 $49,293.06 Dear Ms. Grant: THE ABOVE. ACCOUNTS ARE 1N DEFAULI' due to payment delinquency and the cessation of business and/or insolvency of RE Grant Ct)_, Inc. These are events of default under thc loan documents enfitl/ng the Bank to accelerate the indebtedness. Accordingly, Manufactt~rers and Traders Trust Company (M&T Bank) demands immediate and fall payment of the above accotmts. Thc amounts .-shown above must be fully paid in order to avoid M&T Bank commencing legal actions against you, RE Grant Co., Inc., and/or all guarantors to recover the unpaid principal amounts, plus all unpaid imer~t, costs and fees. La accordance with local Court rules, once any judgment is on record for thirty (30) days, M&T Bank can request that the Sheriff l~wy on yom- property, or any other items of collateral, and thereafter conduct a public sa2e. Obviously, any legal action by the Bank would place your continuing ownership of real estate and/or other personal assets in significant jeopardy. Plea.se telephone me if you have any questions about M&T Bank's position in this matter. Keith P, Mangan, -- - Assistant Vice President &pm DISCLOSURE FOR CONFESSION OF JUDGMENT , Principal Loan Date Maturity , Loan No : Call ! Collateral ;: Account ; Officer [ IniUsla"~ '._.._S2__3._.73._7.~___ [._O6_-.2_6-20OO '08_-.2..6.:.2_m)_.8..' ...3~2,0..- C..OMM I SEC , 198979__ :CR-8601 Any Item above containing ~***" has been omitted due to text length m fattens. Affiant: R.E. Granl Company, Inc. Lender: 342 Walton Street Lemoyne, PA 17043 Keystone Financial Bank, N.A. Camp Hill RBC 4231 Trlndle Road Camp Hill, PA 17011 D,SCLOSURE FOR CO. ESS.O. OF JUDGME.T , AM EXECUT,.O, TH,S DAY OF ,A PROM,SSO.Y NOTE ,GAT,.G ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WObI. D PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF'JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF. MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LE~IDER MAY ASSERT AGAINST ME UNDER THE NOTE, 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. 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 NOTE 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 NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING LENDER ANY ADVANCE NOTICE. 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 EY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ~/~ ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT: of R. E. Grant MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff R. E. GRANT COMPANY, INC., 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. //Assistant Vice President MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., Plaimiff R. E. GRANT COMPANY, INC., 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 Date:J ,l,( 3003 By: sG~s qu'prc.~ Co%r t 1D #24~ij~ 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $23,737.30 Note MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff R. E. GRANT COMPANY, INC., 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, Manufacturers 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, R. E. Grant Company, Inc., is 342 Walton Street, Lemoyne, Pennsylvania 17043. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: 3bt/~ ~ r~O~ By: G6o~t;(ey ~ Sul~eme~?_,6urt ID #24848 21 (~)-t~a~ket Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $23,737.30 Note MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER TO KEYSTONE FiNANCIAL BANK, N.A., Plaintiff R. E. GRANT COMPANY, iNC., Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONFESSION OF JUDGMENT NOTICE TO: R.E. Grant Company, Inc. 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 $23,737.30 Note