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HomeMy WebLinkAbout07-1971KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff v. CRIDER EXCAVATING, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Q'1 -~Q7~ ~l U t C~ ~~~ CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT By virtue of the authority conferred by the Note, 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 the Defendant for the sum of $114,106.90. Eugene sky, Jr. Attorney for Defendant by virtue of the authorization contained in the Note KEEPER 11UOOD ALLEN & fZHHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. NO. ~ ~/ -' 147 1... 1 V ~I,~j~., . ~ ~ l CRIDER EXCAVATING, INC. CONFESSION OF JUDGMENT Defendant NOTICE OF DEFENDANT'S RIGHTS A judgment in the amount of $114,106.90 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 KEEPER WOOD ALLEN & RAHAL, LLP By: ~ Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Manufacturers and Traders Trust Company KEEPER WOOD ALLEN Sc RAHAL, LLP , 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. NO. ~'7 - /q'rf l.-tv~~~~F/2. CRIDER EXCAVATING, INC. CONFESSION OF JUDGMENT Defendant COMPLAINT 1. Plaintiff Manufacturers and Traders Trust Company is a New York banking corporation, with an office at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendant Crider Excavating, Inc., a Pennsylvania corporation, whose address is 555 Bosler Avenue, Lemoyne, Pennsylvania 17043. 3. On or about January 19, 2005, Defendant, for good and valuable consideration, executed and delivered a Business Flex Line of Credit Note (the "Note"). A true and correct copy of said Note is attached hereto, made a part hereof and marked Exhibit "A". 4. The Note referred to in Paragraph 3 above has not been assigned by Plaintiff to any person or organization. 5. Judgment has not been entered on the Note referred to in Paragraph 3 above in any jurisdiction. 6. The Note provides that Plaintiff may confess judgment against Defendant for the full principal balance, plus interest, late charges, costs of suit and an attorney's commission of 10%, at any time after a default. 7. The Defendant's obligations are in default, among other things, by reason of its failure to make the payment(s) due to Plaintiff. KEEPER 1IUOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 8. The amount due on the Note as of April 5, 2007, is $104,686.90. 10. This confession of judgment is not being filed against a natural person(s) in regards to a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $114,106.90, together with interest as may hereafter accrue and costs of suit. KEEPER WOOD ALLEN 8~ RAHAL, LLP Date: April 5, 2007 By: E gen E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff • ~_ KEEPER WOOD ALLAN 8c f\HHAL, LLP • 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 VERIFICATION The undersigned Jeffrey S. Linden, hereby verifies and states that: 1. He is Assistant Vice President of Manufacturers and Traders Trust Company, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Jeffrey S. Linden Dated: Aprif~ , 2007 ~-= t' ~ c-1e~ ~ ~ ~~ v G i : r~ . _.h C. '~ 1(9 a ' ~ . allfirst `' ~ ~Y.S' -, C1cw ~ DEMAND BUSINESS PURPOSE ' OBLGR# : 9940163643 ALL ~ PROMISSORY NOTE DOC TYPE: CRIDER EXCAVATI ~ $ 50,000.00 York,Pennsy OBLGT#t: 0000000001 ~-t-~/~~1~ ~ ~~~~ (Cry') COMMENT $ : 50 , 000 .00 FOR VALUE RECEIVED, the undersigned ("Borrower") F DATE : i{ / l3/ u~.3 ~-chartered commercial bank ("Bank"), at Bank's offices at 1123 N. George Street, York, Pennsylvania 1' ignate, the principal sum of Fifty Thousand and 00/100 Dollars ($50,000.00), or such other amount as may ~.. ,.,.,w,,,,,,,,,,,,,, ~,,,,,, ,,, ,,,,,,, ,,, ~,,,,,,,,,,,,~ ,~,~,,,,,,;, Y,,,~, ,,,serest thereon at the rate or rates hereafter specified and any and all other sums which may be owing to Bank by Borrower pursuant to this Promissory Note. The following terms shall apply to this Promissory Note. 1. INTEREST. From the date hereof until all sums due hereunder, including principal, interest, charges, fees and expenses are paid in full, the principal amount outstanding from time to time pursuant to this Promissory Note shall bear interest as follows: Fluctuating Rate. At a fluctuating rate equal to 2.00000% per annum above the greater of: (i) that rate announced from time to time by Bank as its "prime rate" or (ii) the average rate, rounded to the nearest 1110th of 1 %, for 3-month maturity dealer placed commercial paper ("Commercial Paper Rate") for the week most recently reported in the Federal Reserve Statistical Release No.H. 15(519), entitled "Selected Interest Rates," or any succeeding publication; provided that the interest on this Promissory Note shall never be less than the rate that is 1% per annum above the Commercial Paper Rate. Bank at its discretion may charge a lesser rate from time to time. Interest on the principal amount outstanding shall be adjusted daily with the rate for each day being the rate in effect at the close of business on that day. Bank makes loans at interest rates at, above and below its prime rate. 2. CALCULATION OF INTEREST. Interest shall be calculated on the basis of a three hundred sixty (360) days per year factor applied to the actual number of days on which there exists an unpaid balance hereunder. 3. REPAYMENT. Borrower shall make payments of principal and interest as follows: (a) Principal: Borrower shall make payments of principal in full on demand by Bank, which may be made at any time, without notice, and without reeazd to whether a default has occurred. p~ (b) Interest: Borrower shall make monthly payments of all accrued and unpaid interest on the ~h day of each successive month, beginning on N~h 15, 2003, and continuing until the maturity of this Promissory Note (whether upon demand, stated maturity, acceleration or otherwise) at which time all sums due hereunder, including principal, interest, charges, fees and expenses, shall be paid in full. / All amounts owed to Bank hereunder shall be payable in immediately available funds by preauthorized debit of Account number ` /V/4 __. Borrower agrees to maintain a balance in the above-described account which is at least equal to the payment amount on each payment due date. J. LATE PAYMENT CHARGE. If any payment due hereunder (including any payment in whole or in part of principal) is not received by the holder within fifteen (IS) calendaz days after its due date, Borrower shall pay a late payment charge equal to five percent (5%) of the amount then due. 5. CONFESSION OF JUDGMENT. Borrower irrevocably and unconditionally authorizes and empowers any attorney admitted to practice before any court of record in the United States to appear on behalf of Borrower in any court in one or more proceedings, or before any clerk thereof or prothonotary or other court off-icial, and to appear for, confess and enter judgment against Borrower at any time, whether before or after the occurrence of any default hereunder, with or without averment of default, with or without complaint filed, and without prior notice to or opportunity of Borrower for prior hearing, in favor of Bank in the full amount of the indebtedness evidenced by this Promissory Note (including principal, accrued interest and any and all charges, fees and expenses) plus court costs, plus attorneys' fees equal to fifteen percent (15%) of the unpaid balance of principal, interest, charges, and other sums due or which may become due hereunder, with release of all errors and without right of appeal. In addition to all other courts in which judgment may be confessed against Borrower upon this Promissory Note, Borrower agrees that venue and jurisdiction shall be proper in the courts of any county or city of the Commonwealth of Pennsylvania or in the United States District Court for the Middle District of Pennsylvania. Borrower waives the benefit of any and every statute, ordinance, or rule of court, whether now in force or hereinafter enacted, which may be lawfully waived conferring upon Borrower any right or privilege of exemption, homestead rights, appraisement, stay of execution or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. (To the extent prohibited by applicable law, any judgment obtained by confession shall not constitute a lien on any real property located in Pennsylvania which is the residence of any Borrower.) The authority and power to appear for and enter judgment against Borrower shall not be exhausted by one or more exercises thereof, or by any imperfect exercise thereof, and shall not be extinguished by any judgment entered pursuant thereto; such authority and power may be exercised on one or more occasions from time to time, in the same or different jurisdictions, as often as the holder shall deem necessary or advisable. BORROWER HEREBY ACI:NOWLEDGES THAT THE CONFESSION OF JUDGMENT PROVISIONS HEREIN CONTAINED WHICH AFFECT AND WAIVE CERTAW LEGAL RIGHTS OF BORROWER HAVE BEEN READ, UNDERSTOOD AND VOLUNTARILY AGREED TO BY BORROWER. 6. APPLICATION OF PAYMENTS. All payments made pursuant to this Promissory Note shall be applied first to accrued and unpaid interest, then to unpaid expenses and charges payable hereunder, and then to principal, or in such other order or proportion as the holder, in the holder's sole discretion, may elect from time to time. 7. SECURITY. Sums due under this Promissory Note are secured by, and Borrower pledges and grants to Bank a security interest in, all deposit accounts and deposits or property of Borrower now or at any time hereafter in the possession of or on deposit with Bank whether as custodian or depository or in any other capacity. In addition, this Promsssory Note is secured by any property described as collateral in any security agreement, mortgage, deed of trust, pledge agreement or other document previously, simultaneously, or hereafter entered into by Borrower in connection with any obligation or liability of Borrower to Bank or any corporate affiliate of Bank, under or in correction witl: 'his Promissoryy ?dots, and all renewals, refinancings, estc~:sicns, st:L•stiteticr,~, ar:e::dme:;ts and modifications thereof, such ether security documer.(s) including but not limited to the following: Security Agreement(s) This Promissory Note specifically incorporates by reference, as if fully set forth herein, all of the language and provisions of the security documents described generally or specifically above. 8. DEFAULT. Any of the following will be a default under this Promissory Note: (a) failure to pay any principal, expense, charge, fee or interest when due, or failure to perform any other obligations hereunder; (b) a default by any Borrower upon any of the existing or future obligations of any Borrower to Bank; (c) a default by any guarantor or other person that is now or hereafter liable upon or in connection with any of the obligations of any Borrower to Bank or that has granted any lien or security interest to or for the benefit of Bank to secure any of the obligations of any Borrower to Bank ("Other Obligor"), upon any of the existing or future obligations of any Other Obligor to Bank; (d) a det'ault in any other agreement, instrument or document between any Borrower or Other Obligor and Bank, or any corporate affiliate of Bank, including, without limitation, any security document referred to above, whether previously, simultaneously, or hereafter entered into; (e) a material adverse change in the financial condition of any Borrower or Other Obligor from that expressed in the financial statement most recently submitted to Bank prior to the date of this Promissory Note, as determined in good faith by Bank in its sole discretion; (f) institution of bankruptcy, insolvency, reorganization or receivership proceedings by or against any Borrower or Other Obligor in any state or federal court; (g) the appointment of a receiver, assignee, custodian, trustee or similar official under any federal or state insolvency or creditors' rights law for any property of any Borrower or Other Obligor; (h) failure of any Borrower or Other Obligor to furnish to Bank such collateral or additional collateral as Bank may in good faith request; (i) any warranty, representation, or statement to Bank by or on behalf of any Borrower or Other Obligor proving to have been incorrect in any material respect when made or furnished; (j) the occurrence of any event which is, or would be with tl:e passage of time or the giving of notice or both, a default under any indebtedness of any Borrower or Other Obligor to any person other than Bank; (k) any material loss, theft or substantial damage, not fully insured for the benefit of Bank, to any of the assets oY' any Borrower or Other Obligor, or the sale, transfer, lease or encumbrance or other disposition of all or any material part of the assets of any Borrower or Other Obligor other than in the ordinary course of business of Borrower or Other Obligor; (1) the entry of any final judgment against any Borrower or Other Obligor for the payment of money in excess of $5,000; (m) the levy upon or attachment of any assets of any Borrower or Other Obligor; (n) the recordation of any federal, state or local tax lien against any Borrower or Other Obligor; (o) a change of ownership or dissolution, merger, consolidation, liquidation or reorganization of any Borrower or Other Obligor which is a corporation, partnership or other legal entity; (p) the death of any Borrower or Other Obligor who ss a natural person; (q) failure of any Borrower or Other Obligor to furnish to Bank such financial information as Bank may require from time to time; or (r) the determination in good faith by Bank, in its sole discretion, that the ability of any Borrower or Other Obligor to pay or perform any of their respective obligations to Bank is impaired for any reason. 9. REMEDIES. Upon a default, in addition to all other rights and remedies available to Bank under any other document or agreement between Borrower and Bank or under applicable law, the Bank, in the Bank's sole discretion and without notice or demand, may (a) raise the rate of interest accruing on the unpaid balance due under this Promissory Note by two (2) percentage points above the rate of interest otherwise applicable, independent of whether the Bank elects to accelerate the unpaid principal balance as a result of such default; and (b) declare the entire unpaid principal balance plus accrued interest and all other sums due hereunder immediately due and payable. Borrower agrees that a default under this Protissory Note is a default by Borrower under all other liabilities and obligations of Borrower to Bank, and that the Bank shall have the right to declare immediately due and payable all of such other liabilities and obligations. Borrower waives any right or claim to cause a marshalling of the assets of Borrower or any Other Obligor. 10. INTEREST RATE AFTER JUDGMENT. Ifjudgment is entered against Borrower on this Promissory Note, the amount of the judgment entered (which may include principal, interest, charges, fees, and expenses) shall bear interest at the higher of the above described default interest rate as determined on the date of the entry of the ~udg:nent, or the legal rate of interest then applicable to judgments in the jurisdiction in which judgment was entered. I1. SET-OFF. Bank shall have the right to set-off and apply against the obligations of Borrower to Bank evidenced by this Promissory Note any sums of Borrower at any time on deposit with Bank whether such deposits are special, time or demand, provisional or final, and Borrower hereby pledges and grants to Bank a security interest in all such deposits. 12. E\PENSES OF COLLECTION. Borrower shall pay all costs and expenses incurred by Bank in collecting sums due under this Promissory Note, including without limitation the costs of any lien, judgment or other record searches, appraisals, travel expenses and the like. In addition, if this Promissory Note is referred to an attorney for collection, whether or not judgment has been confessed or suit has been filed, Borrower shall pay all of the Bank's costs, fees (including, but not limited to, the Bank's attorneys' fees, charges and expenses) and all other expenses resulting from such referral. 13. NEGOTIABLE INSTRUMENT. Borrower agrees that this Promissory Note shall be deemed to be a negotiable instrument, even though this Promissory Note may not qualify under applicable law, absent this paragraph, as a negotiable instrument. 14. WAIVERS. Borrower, and all parties to this Promissory Note, whether maker, endorser, or guarantor, waive presentment, demand, notice of dishonor and protest. li. EXTENSIONS OF MATURITY. All parties to this Promissory Note, whether maker, endorser, or guarantor, agree that the maturity of this Promissory Note, or any payment due hereunder, may be extended at any time or from time to tame without releasing, discharging, or affecting the liability of such party. 1G. NOTICES. Any notice or demand required or permitted by or in connection with this Promissory Note, without implying the obligation to provide any notice or demand, shall be in writing at the address set forth below or to such other address as tray be hereafter specified by written notice to Bank by Borrower. Any such notice or demand shall be deemed to be effective as of the date of hand delivery or facsimile transmission, one (I) day after dispatch if sent by telegram, mailgram, overnight delivery or express mail, or three (3) days after mailing if sent by first class mail with postage prepaid. YS-0206A, Puge No. I 17. ASSIGNABILITY. This Promissory Note may be assigned by Bank or any holder aUany time. Borrower shall not have the right to assi 'n its ri ihterests herein witheut the prior written consent of Bank. bejoint and several with respect to each of such persons or entities. g ghts hereunder or any 18. JO[NT AND SEVERAL LIABILITY. If more than one person or entity ~s executing this Promissory Note as Borrower, all liabilities under this Promisso Note Bank ma rY shall 19. BINDING NATURE. This Promissory Note shall inure to the benefit of and be enforceable by Bank and Bank's successors and assigns and any other erson t assigns. p o whom y grant an interest in Borrower's obligations to Bank, and shall be binding and enforceable against Borrower and Borrower's personal representatives, successors and 20. INVALIDITY OF ANY PART. If an respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Promissory Note and this Promissory Note shall be construe invalid, illegal or unenforceable provision or part thereof had never beenrconta'ned herein! but only to the exxtent ofats inval di be held invalid, illegal or unenforceable in any ty, illegality or unenforceability. obligated to pays nte~rest herOeunde TnReE ess~ of the maximum rate o merest permitteddby the laws of an state de d as if such United States applicable to loans in such state. If any provision of this Promissory Note shall everrbe'construed to require the payment of any amount of intere Y termined to govern this Promis ory Note orethe laws of the that permitted by applicable law, then the interest to be paid hereunder shall be held subject to reduction to the amount allowed under applicable law, and an sums ai st m excess of excess of the interest rate allowed by law shall be applied in reduction of the principal balance outstanding under this Promissory Note. Borrower acknowledges that it has been contemplated at all times by Borrower that the laws of the Commonwealth of Pennsylvania will govern the maximum rate of interest that it is permissible for the Ban to charge Borrower under this Promissory Note. Borrower warrants that this Promissory Note evidences a loan made solely to acquire or to c Y p d in commercial enterprise. k arty on a business or 22. CHOICE OF LAW; CONSENT TO VENUE AND JURISDICTION. This Promissory Note shall be governed, construed and interpreted in accordance with the law of the Commonwealth of Pennsylvania, even if the Pennsylvania rules governing contlicts of laws would otherwise require [hat the laws of another jurisdiction ove this Promissory Note. Borrower consents to the jurisdiction and venue of the courts of any county or city in the Commonwealth of Pennsylvania, and to the 'urisdicti s Promissory Note. J on and venue of the United States District Court for the Middle District of Pennsylvania in any action or judicial proceeding brought to enforce, construe or inte lget this 23. UNCONDITIONAL OBLIGATIONS. Borrower's obligations under this Promissory Note shall be the absolute and unconditional duties and obligations of Borrower and shall be independent of any rights of set-off, recoupment or counterclaim which Borrower might otherwise have against the Bank, and Borrower shall pay absolute) die payments of principal, interest, fees, charges, and expenses required hereunder, free of any deductions and without abatement, diminution or set-off. 24. ACTIONS AGAINST BANK. Any action brought by Borrower against Bank which is based, directly or indirectly, or in whole or in part, upon this Promisso N t or any matter related to this Promissory Note shall be brought only in the courts of the Commonwealth of Pennsylvania. 25. AMENDMENTS, NO WAIVER, ETC. This Promissory Note may be amended only by a writing duly executed by Borrower and Bank. No waiver by Bank of an of on the part of Bank in exercisin an the provisions of this Promissory Note or any of the rights or remedies of Bank with respect hereto shall be effective or enforceable unless in writing. No indulgence or dela a waiver thereof. No single or partial exercise of an g y power, privilege or right hereunder or under any other agreement executed by Borrower to Bank in connection herewith shall operate as right. No conduct, custom or course of dealing shall be effective to waive, amend, modify or release this Promissory Note or any of the terms and conditions hereof. This Promissory Note constitutes the complete and exclusive expression of the ~rms oof the ag eementrbetweenethe partiestlwitho a or the exercise of any other power, privilege or supersedes all prior or contemporaneous communications between the parties relating to the subject matter of this Promissory Note. 2G. OTHER WAIVERS, ETC. In the event Ba~tk has been granted a lien or security interest as collateral for die amounts owed under! dais Promisso to Note brta herein, and than Borrower ("Other Collateral"), Borrower acknowledges and agrees that the documents evidencing such lien or security interest may modify existing law and modi , waive or explain the rights and duties of the parties thereto. To the extent Borrower qualities as an "obligor" within the meaning of the Uniform Co menial Code Securr dr Transactions, as amended ("UCC"), or any similar law of any other state or terzitory with respect to the Other Collateral and, as a result thereof, the UCC or similaz law confers any rights on Borrower or imposes any duties on Bank with respect to Borrower, Borrower agrees that such rights and duties have been modified, waived or corresponding duties owed to it by Bank. explained to the same extent, and in the same manner, that the party providing the Oilier Collateral has agreed to modify, waive, or explain its corresponding rights and/or any 27. WAIVER OF JURY TRIAL. Borrower (by execution of this Promissory Note) and Bank (by acceptance of this Promissory Note) agree that any suit, action, or proceeding, whether claim or counterclaim, brought or instituted by Borrower or Bank o0 or with respect to this Promissory Note or which in any way relates, directly or indirectly, to the obligations of Borrower to Bank under this Promissory Note, or the dealings of the parties with respect thereto, shall be tried only by a judge and not by jury. Borrower and Bank hereby expressly waive any right to a trial by jury in any such suit, action, or proceeding. Borrower and Bank acknowledge and agree that this provision is a specific and material aspect of the agreement between the parties and that Bank would not enter into the transaction with Borrower if this provision were not a part of their agreement. above. IN WITNESS WHEREOF, and intending to be legally bound hereby, the undersigned execute this Promissory Note under seal, as Borrower, as of the date first written WITNESS OR ATTEST*: *Note: Attestation of a corporate officer's capacity to sign by another corporate officer is required in all corporate transactions. BORROWER: - L-~ 1~ . /?~~ Crider~cavati g, L ~ / ,S~onal ~ ture~ ~/ B~,: '/~~ r ~! (Authorized Signer) ~ (SEAL ) .~ Q ~~SC i ~i /~L`r/\ (rrtnt ame) Richard D. Crider, President ~ (Print Name d Title) _ / (Si nature) ~ B ~ (Authori d Signer) (SEAL) ~DUis~ ~ S /~/E.e (Print Name) Donna M. Crider, Secret /Treasurer (Print Name and Title) Address: 555 Rear Bosler Ave. Lemoyne, Pennsylvania 17043 Telephone Number: (717) 730-9410 Federal Tax ID No: 23-2766168 YS-0206A, Page No. 2 ~- ~ ; ~°~ ~,: '~ f-s7 "r~1 ~_ ~ _ w ~ ~ ~ ~ `~ ~r ~ ~ ~~ ~ ~ ~ KEEPER WOOD ALLEN 8c RAHAL, LLP 210 WALNUT'STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW ~- ~- v. NO. Off' - l~?I L;lu ~`, G ~1-r~ 4 ~ CRIDER EXCAVATING, INC. CONFESSION OF JUDGMENT Defendant NOTICE To: CRIDER EXCAVATING, INC., Defendant You are hereby notified that on April, 2007, judgment by confession was entered against you in the sum of $114,106.90 in the above captioned case. Dated: April 11 , 2007 Pr thonot YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 I hereby certify that the following is the address of the defendant(s) stated in the certificate of residence. Crider Excavating, Inc. 555 Bosler Avenue Lemoyne, PA 17043 Attorney fo Plaintiff(s) ' KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CRIDER EXCAVATING, INC. Defendant NOTICE CRIDER EXCAVATING, INC., Defendido CIVIL ACTION -LAW NO. O'Z' - 1 Q7 ~ ~t v ~~,~ CONFESSION OF JUDGMENT Usted esta siendo notificando que el ~ de April del 2007, se anoto en contra suya un fallo por confesion en la suma de $114,106.90 en el caso mencionado en el epigrafe. FECHA: April ~, 2007 Prothonotary USTED DEBE LLEVAR IMMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Crider Excavating, Inc. 555 Bosler Avenue Lemoyne, PA 17043 Attorne Plaintiff(s)