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Home My WebLink About03-6556MANUFACTURES AND TRADERS TRUST COMPANY, Successor by Merger to PENNSYLVANIA NATIONAL BANK & TRUST COMPANY, Plaintiff VS. SHERRY Y. RITCHEY and DENNIS R. RITCHEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. ~ --/,u~/,::~ CtC)t CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal Stun Due - Interest to 12/19/03 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 23,852.24 977.31 2,482.96 $ 27,3t2.51 Plus all future accruing interest at the contract rate after December 19, 2003, ($3.644 per diem), rothonotary late charges, costs of suit and reasonable attorney's fees. HEN~ By: 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendants MANUFACTURES AND TRADERS TRUST COMPANY, Successor by Merger to PENNSYLVANIA NATIONAL BANK & TRUST COMPANY, Plaintiff VS. SHERRY Y. RITCHEY and DENNIS R. RITCHEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 0...1 COMPLAINT CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951 (b) for judgment by confession and avers the following: 1. The Plaintiff is Manufactures and Traders Trust Company ("M&T Bank") a New York banking corporation, successor by merger to Pennsylvania National Bank and Trust Company, with an office located at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. The Defendants are Sherry Y. Ritchey and Dennis R. Ritchey, adult individuals, with a last known address of 207 House Avenue, Suite 103, Camp Hill, Pennsylvania 17011. 3. On April 23, 1998, Plaintiff loaned to Celtic Moon Publishing, Inc. the sum of Twenty-Five Thousand Dollars ($25,000.00) pursuant to the terms of a Promissory Note. Said loan was unconditionally guaranteed by the Defendants pursuant to the terms of a Commercial Guaranty, a true and correct copy of which is attach hereto as Exhibit "A" (the "Guaranty") and which was duly executed by Defendants. 4. The Guaranty has not been assigned. 5. Judgment has not been entered on the Guaranty in any jurisdiction. 6. Default was made by the Defendants in their failure to meet demand for payment in full of the Guaranty and further, in failure to make installments of interest due for the months of April, May, June, July, August, September, October and November 2003, whereby the entire sum is in default and immediately due and payable. 7. As a consequence of the foregoing and pursuant to the Warrant of Attorney in the Guaranty, Defendants are liable to Plaintiff as follows: Principal Sum Due - $ 23,852.24 Interest to 12/19/03 - 977.31 Attorney's Commission (10% of unpaid principal and interest) - 2,482.96 Total - $ 27,312.51 Plus all future accruing interest at the contract rate after December 19, 2003, ($3.644 per diem), late charges, costs of suit and reasonable attorney's fees. 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 9. Attached hereto and incorporated herein as Exhibit "B" is the Notice to Defendants required by 42 Pa.C.S.A. {}2737.1. - 2 - WHEREFORE, Plaintiff demands judgment in the sum of: Principal Sum Due - Interest to 12/19/03 - Attorney's Commission (10% of tmpaid principal and interest) - Total - $ 23,852.24 977.31 2,482.96 $ 27,312.51 Plus all future accruing interest at the contract rate after December 19, 2003, ($3.644 per diem), late charges, costs of suit and reasonable attorney's fees, as authorized by the Warrant of Attorney appearing in the Commercial Guaranty. I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (7 l 7) 274-3644 Attorney for Plaintiff - 3 - AFPII~A¥1T COMMONWEALTH OF PENNSYLVANIA: COUNTY or SS. Jeffrey S. Linden, Assistant Vice President, of Manufactures and Traders Trust Company, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behaif of Manufactures and Traders Trust Company and that the facts set forth in the foregoing Complaint are tree and correct to the best of his knowledge, information and beliel~ and that the copy of the Commercial Guaranty, Exhibit "A" attached to the Complaint, is a tree and correct copy of the original which is held in the files of the Plaintiff and which was executed and delivered by the Defendant to Plaintiff. Notarial Seal Edie I. Llngle, Notary Public Lebanon. Lebanon County My Commission Expires Oct. 11. 2004 Member, Pennsylvac,~a Association ~tNotartes Sworn and subscribed to before me this : MANUFACTURES AND TRADERS TRUST COMPANY Assistant Vice President NOTICE TO THE DEBTOR/DEFENDANT AS REQUIRED BY 42 Pa.C.S.A. 62756 To: Mrs. Sherry Y. Ritchey 207 House Avenue, Suite 103 Camp Hill, PA 17011 Mr. Dennis R. Ritchey 207 House Avenue, Suite 103 Camp Hill, PA 17011 Attached hereto you will find a copy of Pennsylvania Rule of Civil Procedure 2959 which provides instructions regarding the procedure to follow to strike a confessed judgment. You should be further advised that any party to a confessed judgment which has been incorrectly identified is entitled to costs and reasonable attorney's fees as determined by the Court. Attorney for Manufactures and Traders Trust Company "C OMMERCIAL GUARANTY ' ' I RMameca~ I~~ do noi ~ ~,e ~ ,of ~s daounmnt th any her~ular )(mn or ~m. .I I~0rrower: ceftin Moogt FublinNng, In~. 4707 Cleervlew Pllve Ca.lp Hlff, PA 17011 Guarantor: $1mny Y. Rth;hey ~d nennin R. Rltohay 470? Nodh CMa/view Drive Camp Hill, PA 17011 :Leflder: PENN~YLVANIANATIONN. BANK AND TRUST COMPANY CAMP HIII COMMUNITY OFt:ICE 4231 TRINDLE ROAD CAMP HIIt, PA 17~11 AMOUNT OF GUARANTY. Thin In · plenty of payment of the Note, In~udinO wlthebt Ilmltatlno the PdnoipM Note amount of Twenty Five Thousand & OOflO0 Doffans ($~a,O00.OO). ~I~u~Xl'Y. Far ~ en~ VM,atBO =ounk;~'-i;o,, Slten'y Y. Rltebey W Dembe R. Rlinhey ("O~rento¢') W ~ un=ondltinnafly gtml~IIne end (Promise to pay, Jointly ~ ~nsliy, to FIENN~llLVANIA NATIONAL. BANK AND I~UgT COMPANY (~'Le~inr#) or Ith order, on demand, In legal tender of the Unbed 8intoo of Ar~ lbs tMinbledneen (e~ that term In defined belew) of Cattle Moon Pubdahing, Ins. ("Borrower") to Lender on the terms end oonatflebe eel f~ In Btin Gtm~rdy. DEFINITIONS. The f~llowlng worda shall have the f0ffowlng nm~tlln~ wheh ~ In this Guaranty: Borrower. The word "Borro~ mesns C.~o Moon Publishing, Guarantor, Too word "Gveraator" means :Sherry ¥. Rltohey and Dannts R. Rlfuhey, who am ilgnlng thts Gcamnly Jointly and sevemlfi/. Guaranty. The word "Guaranty' means this Guaranly made by Gcaranto' for the basalt of Lend~ dated Ap~l 23, lggB. Iminbindnm. The word "indabladns~s":msans the Note, Insfuding (a) all pdnstpal, (b) all In~, (o) ail lain r. hergas, (d) all loan fees and loan oher~, and (e) ell eoileotlon ceala and expenses relalfug Io the Noin or to any G!blJatarai for the NOte. Co--on costs and expenses I~clube wlinout Ilmlinflon all of Lender's altp~' la~s and Landeds legal expenses, whoih~' ar not suit Is Ir,~; end ehomey~' fees and legal exp~nass for ben~raploy proceedings (Irl~fudlng elfod~ to modify or vacate any autom!ti~ slay or InJunoflun), appeals, and any anticipated post-Judgment colleoflan asnn~(~ Lender. Tho word '1.entire" munns P~NN~/LVANIA NATIONAL BANK AND TRUST COMP,~NY, ~ sucoea~o~ and assigns. Note. The word "Nots" msans Ins pmmla~o~/note or o~ ngrsamenl clalad Ap~ 23, lgg~, In the orlghlat prinofpof nmouof of $21;,000.00 from Bsa'swat In Lender, Ingather with all mn:swats, of e~denslons of, mndlflcall0ca of, mlthancllnga Gl, cen~c~ans of, and SUbsfltL, tlons for promissory noin or ~0~'eamaat. Notice lo OUerent~. ThC Note evinencoo a revolving lisa'of c~*erlll from Lemler to Borrower. ROIM~d Doounlerlin. The wards ~ ~la' msan and Ir~ude w~thout lln~lt~tioa ell proml~ notes, aredll egreament~, loan egrsamanla~ envlmnmanMI egroomenis, ~verenE~sa, asourlly agreements, merlgagas, dea~f~ of bust, and ell OIl's' InstrumentS, agreements and dooamanls, Whether now ~' hereafter exl~r~l, e~mouted In oanneeflnn wllh the Indabladnnssi MAXIMUM UABIL.ITY, Tits mmdmum II~lty of Guererder unOer thin Guaranty ~helli ~of ex, enO M any one lime the nmount of the Indnbin(theen dunerll~d ~bove, pigs oil coM~ end expenses of (e) enforcement of this G~arenty ~ ~) Colinatloo pnd Sale of any oallainrel sac'uring thin Guer~fly. ~ . The above I~linllen on II~lly IS not a rerfflctibn on Ins amount of the Indebladn~ of Borrowt~ In Landor either In the ag~ala or at any one time. Ii' Len~ pmcan~ ho~ds one or more gueran~, or hemailar rece~ ~ddfllocal gcamntles h*drY~ Guoranter, the rights ot Lender under all guaranties shall be oumulallve. This Guaranty shall not ~t~ sp~mlflcally prodded below In the coo.fra~y, ) afinnt or Inv~dain any such ofhei' guaranties. The Itsblllty of ~loaMntor will he the aogregaM llabllffy of Gua~or under the terms of this Gcamnty and any such other untermlnaind guaranties. NATURE OF GUARANTY.. Gtmmntor Ininmin Icl gcaranlea ut ail times the gafformance end prDmpt payment when due, wheiner at mafurily or earlier by rsasen of aou~tien oi' OI~, of ell In~indeaas within the limits set fodh In the ._~. ceblng seation of this Goareoty. Tine Guaranty covers a revolving line of orBdll arid ~eranfor ugd~lin~de and agrees that thin guarantee :Sholt be obefl grid oonUnuOue unth the line of ~redll Is tormlnated ass ~ Indat~ooSa In paid In full, al grovlded batow. The obligations oi~ Guarantors shall bd Jo~ot end several. Lenn~ ~y process against any Of the Gl~lrantors Indiv~du~¥, against any 0roup of Guarantors, or against a~l the Guarantors In one satins, without affecting the right of Lender to prucead egathat Other Guarentof~ for amounts lttat ars covered by th~ Guaranty. Any Icablllly Of Le~der In proceed against any Guarantor (whether caused by acfloca of u Guarantor or of Lender) will nsf nff~ LandaCs rlglR to proceed against any ~' all remaining Guoraninrs for all or pad of the amounts covered by this Guaranty. DURATION OF GUARANTY. This Guaranty will lake Oilaoi wheh mcalved by Lenda¥ w~thout the ne~stiy of any acceptance by Lender, or any notice lo Guarantor or In Bon~wer, end will contintm in fLdl foroa until all Indabladnses ~ h~v~ bess fully oncl tin~y paid.end esttsP, ed use all other ~l~altons of Gueraninr under this Gcaranty s~dl have bess pedormed In full. Raisaca of an~ oihar guarantor or lm*mthaltan of any other goaranly of the Indabindnees shell nsf efinof the liability of Gvemntor undor this Gcamnty..A mvanafion recaivnd by Lender from any one or mere Guarantors shall no! ~flaot tho Ilablllly of an*/remaining Gcaraninm under his Gvemely. Tine Guerenty covers e revoivthg fine of oredB end It la apeutfloati¥ antlofpaind that fluofunlinne will ooeur In the aggregate amouat of Inbebindoosa owing from Berrowor to l.~nder. Guarantor apeoifloally ecknowindgal and a~"eal tlmt fluatuatlon~ In Ins antmml of Indabthdee~ even to zero dollars ($ o.00), ahoil nol conotitoto a tormination of thin Ooareofy.. Olleraofer'$ IInblllty Under thin Guaranty Ihatl lermlnate oofy upon (e) termination in wrlUng by ~orrower and Lender of the line of crerlll, (b) paymenl of Ihs Indebino~ In full In Ingal lender, end (o) p~mnot In full In legal lender of all other obligations of Guarantor under thin Guaranty, GUAFIAI~'~' AUTHORIZATION TO LIEDER. Gcamdior authonlzas Lander, wlInoot noftoe or demand and wBhebf toeaening Guarantor's IInblllty unde~ tttin Guaranty, from time to time: (a) to make one er more a~lltlonal aeoured or unsacured Ioorm to Borrower, to lease aqulpmerd or other 0gods to BofTower, or oUmnvlsa to sainnd addWonal c~'ed~f to~B(~rrower; (b) to ,er, compromlen, FTnnde~t~dxntt~, sacaterate, or othenvlen ohenge one or more Bmen the time fo*' payment or other t.ern~, of the Indebindm~s or any pm1 of the , Inelt~dIng Inerenleb nlld deeree___~,)~ of the rate of Interest en the IndeMadneen; e~.ne may be mpebind end tony be for longer than Ihs odginM ~ thrm; (e) to Inho and hold sang, fy ~ the payrnunl of thin Gtmrenty~or' the Indebindno~ and axofiange, enforce, waive, Unbe~linate, fall or decide not to per~t~ and rate_-_~e any lush samutly~ with or wlthoot the eubeUthtloo of new cohothrat; (d) to release, ~ubefltote, a0ren not to sue, er deal wllh any one or more of Berrower'e enretlal, aldorsare, or ofbor guerento~ on any terms or in any rammer Lender may phoosal (e) to dofermirm how, when and whof appl~n of pnymenfe and svadbe attoiI be made on the Indebtedness; ~ to apply ebeh security end cllrecl the o~lar or mSaner of ems thereof, Inatudlng without flmlin~arl, a~y eenJudtolat ~ parlatlthd Py the torres of the oontrolling sacurlty agreement or deed of tnJM, ae Lends' In lin dlaoratIne may detomdoo; (g) In sail, transfer, ealtgn, or grant pertlntpatlorm In all or any pad of the IndapindneSa; and (h) to a~gn or transtar this Gueranly In whole or in pert, GUARANTOR'S REPRE~EHTATIOBB AND WARRANTII~6. Guarantor reprerenla and warrants to Lender that (a) no repreesnintlons or agreements of any kind have hear~ mede to Gcarentar wh~ would limit or qualhY In an7 way the farms of this Gcarunly; (b) this Guaranty ts e~eculad at Bou'oweds request and not at the requost of Lenda~ (o) Guaran~ has full powar, ~ght and aulhedty to enter into this Guarani./; (d) the provtslons of this GInmonly do.not ounflldi with or result In e belaull' undar any egrearrmnt sT other InsEoment binding upon Guoranlor and do not result In a v~;lation of shy law, regulation, nourt desme or order applluabla to Goaraninr; '(e) Guarentor has not and wll~ not, without the print rattan ooneeoi of Lender, sell, Isaoa~ asaign, er~umber, hypotheoain, Irensfer, or OthanNi~e dlspese of all or substantially all of Guarentods assets, or any Inlerest therein; (f) upon Lend, sds request, Guamofer wtil proulde to Lender flcam~ai and aredlt Intormstion in form accep~b~ to.Lendar! end a~.su~..h ti? .nc!.ai Intor.mation. which ounwntty bsa been, end ell future tinsestsl ir)fummtlan which ~ be prOVt~Kf In Landor is ann ~11 I~ true ann oo~ in mi material respects ann lalrt~pmsaat the flnan~ oondltfon of Guarantor es at he dates the tinsnulai fufarmailon ts provide(J; (g) no maindai eW oheege has occurred Gca~antor'e floanaMI oQndflfen slr~e the dale of the mesl reaant flcanOlal elalarnanis provided to Lender end no event has es=un'ed which may · rns~la, tiy adversely ~ Guaraninf~ ttns~ condition; (h) no lltigaUan, c/dm, investigation, edmlnh~lmtive _pm(~. ng of: ~nllar a .~..on (.I.n. cludtng. thnsle for Unpaid taxes) against GuorantoT ts panning o1' Inneatennd; (I) Lender has made no rapresantatIOn to uuorant? sa.? too ore~.~wo~t_ nmees .or Bou!ower; end (D Guoraofer hen satap~hed adequate means of .obtaining from Bon'owar on e oantlnuing b?sis In[ermeaon. ?.g. ar?l.ng..uorrowers flnal~l Unnclfl[on.' Gcamntor agrees to keep adequately Informed Eom such means of uny la,la, events, or c~cumafancas WhiCh rmgnt ;n any way effect (~uamofot)a nisks u~cinr tt~ Guaranty, &nd Gue~u~ furth~ agrees that Lender shall ~eve no obligation to d;aslcae to Guarantor any I~tormatio~ or documents asqulred by Lender in the course of ~ rMatlonshlp with Bofl'Dwar. GUARANTOR'~ WAi~. E~t as prohiblind by appi~able htw, Guarantor Waives aeC' d~ht to require !.n .nd?. (a) I.o. ouo~nue lending m0n.ey .or..to exinnd other ~redit to Bno'owar; (b) to make any precanlment, protest, demand, or nol~ of an~' k)nd, moluding nog'ce ar. anY nongay, men[?; n(~bin~ or of any non~yman! related to any cogater~, or notlca of nny action or nocact?n on t.he .~a~ of ~.on'owar, Le.n?ar.,.an~.su.r?t~, enc~?~?.~,r or ~her guarantoT In e0nnaofion with the Indabladcaas or n ~onnectlon with Ihs (=cation or new or aodmOnal icons of' ODu0esorls, (.o) re reso[[ psy~m~t ~ to pro~ (/i~y or st once ~gainst any peru(m, including Bon'owor or .an,/.other guam .n. tor; .(d.~ In?_ _scat?,_ directly against or 04-23.-1998 ~ ,~ COMMERCIAL GUARANT,~ , Page 2 Loan No 501-30010 (Continued) private sale of personal property security hold by Lender from Bce'ewer or to comply with any other applicable provislorm of Ihs Uniform Commercial Code; (f) to pursue any other remedy within Lender's power; or (g) to commit any act or omission et any kind, or at any lime, with resdecl to any matter whatsoever. If now or hereafter (a) Bce'ewer shall be or become insolvent, and (b) the Indebtsdnoss shall not at ail times until paid be fully ~eeurerl by ~lalerai pladged by Borrower, Guarantor hereby forever waives and roltnquishec in favor of Lender and Borrower, and their respective et.,ccee~, any olaim or right 1o payment Guarantor may now have or hereafter have or esquire ag~lnsl Borrower, by subrogation or otherwise, so that st no time shall Guarantor be or become s "creditor" of Borrower 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) er~y "one action" or "entl-claticlaccT" law or any other law whish may prevent Lender from bringing any action Including s claim for defi~enny, against Guarantor, before or after Lenders commenuement or completion of any foreclosure action, either Judtclelly or by exercis_e, of a power of sale; (b) any siection of remedies by Lender whtch destroys or nthem~lua adversely affects Guarantor's subrogation rights or Guarantors rights to proceed against Borrower for reimbursement, Including wtihoot limitation, any loss of rights Guarantor may suffer by reason of any law limiting, quelling, or discharging Ihs Indebtedness; (o) any disability or other defense of Borrower, of any other guarantor, or of any other persqn, or by reason of the cessation of Sco'~wer's liability from any cause whatscavor other than payment In full In legol lender, of the Indebtedness; (d) ~y right to claim discharge of the Ind~blednsus on the basis of unJustitied Impairment of any ooltstsrai for the Indebtedness; (e) any statute of llmlletio~lls, if at any time any action or suit brought by Lender ~gainst Guarantor is commenced Ihere Is outstanding Indebtedness of Borrower to Lander which Is not barred by any edplioabie statute of llmltati0n~ or (0 any deleosea given to guarantors at law or in equity other than a~tusl Payment and par{0rmsnce of the Indebtedness. If payment Is made by Borrower whether votontadly Or otherwise or by any third pady, on the Indebtedness and theJeatier Lender Is forced to ramti the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state b~nkruptcy law or law for the relief of debtor, Ihs Indebtedness shall be oousidered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives end agrees not to asser~ or claim at any time any deductions to the amount guerentcod under this Guaranty for any claim of corot, counterclaim, oouofer demand, recoupment or slmiisr righl, whether such claim, demand or right may be asserted by the Sorrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING wITH RESPECT TO WAIVERS. Guarantor wen'ants and agrees that each of the waivers sat fodh above IS made with Guarantor's full knowledge of Its significance and consequer~es and that, under the cJroumelencec, the waivers em reesonable and not contrsry lo public policy or law. If any such waiver is delermlced to be ccntre~'y to any applicable law Or publtc policy, such waiver shell be effective only to the extent permlltsd by lew or publts policy° LENDER'S RIGHT OF SETOFF. in addllt~)n to ali liens upon and rights of saint agolnst the moneys, cecurifiea or other property of Guarantor given to Lender by law, Lender shall have, wllh *respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a contractual posseseory security intsrest In and a right of satoft against, end Guarantor ha~by assigns, conveys, delivers, pladga~, and transfers to Lender ali of Guarantor's right title and Interest In and to all deposits mQnays securities end other property of Guarantor now or hereafter in the possession of or on depo~ with Lender, whether hold in a general or spa~ol ecoount or deposit whether held Jointly with someone else, or whether held for safekeeping or ofhenvise, excluding however ell IRA, Keogh,' end ffust accounts. Every such sacudty Interest and right of saint may be exercised without demand upon or notice to Guarantor~ No security interest or right of setoff shell be deemed to have been waived by any act er conduct on the pad Of Lander or by any neglect to exercise such dghl of setoff or to enforce scch security Interest or by any delay in so doing. Every right of setoff and security Interest shell continue in full force and effect until such right of setoft or esourity intsraai IS epeolticolly waived or released by an instrument in writing execuled by Lender, SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be prim to any claim that Guarantor may now have or hereafter acquire agolost Borrows, whether or not Borrower becomes insolvent, Guarantor hereby expressly subordleales any ololm Guaranlor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Sorrower. In the event of Insolvency and =onsequent liquidation of the ossats of Sen'ewer, through bankruptcy, by an assignment for Ihs benefit of creditors, by volunts~/llcluidetion, or otha~t~ce, the assets of Borrower applicable to the payment of the claims of both Lender and Gharantor shall be'paid to Lender and shall be first applied by Lender to the todebtadnass of Borrower to Lender. Guarenlor does hereby assign to Lender all claims whloh It may have or acquire sgolosl Borrower or against any assignee or trustee, bankruptcy of Borrower; provided however, Ihat such assignment sha~ be eft~tive only for the purpose of assuring to Lender full ps .y~_nt in logs tender of the Indebtedness. If Lander so reduosla, any notes or oredil agreame~ts now or hareaftor evidencing soy debts or ebfigetions et ~orruwer to Guarantor shall be mmked with · legend that the same am subject to Ihla Gust'cotY and shall be delivered to Lender. Gusmntor egress, and Lender hereby is authorized, In the name'of Guarantor, from lime to time to execute end tile flcanclng etatamsnle and continuation statements ~nd to exeoule such other d0~uments and to take suoh other actions as Lender deems nec~_,y or appropriate to peheot, preesnm and snforca Ils rights under this Guaranty. MISCELLANEOUS, PROVISIONS. The following miscellaneous provisions are a part of thIs Guaranty: Amendments. This Guaranty, together with any Related Documents, sooslltoies the entire understanding end agreement of the pediss as to the matters set forth In this Guaranty. No alteration of or amendmsnt to thla Guaranty shell be efteclive unless given in writing and elguad by the party or parties sought to be charged or bound by the olisrailon or amendment. Appltoebls Law. This GuarantY has been delivered to Lender and accepted by Lender in tha'Commonweaith et Pennsylvania. if there is lawsuit, Guere. ntor sgmes upon Lender's request to submti to the judsd~lion of the oou~ta of CUMBERLAND County, Commonwealth et Pennsylvania. This Guaranty shall roe governed by and construed in accordaf~e with the tsw~ of Ihs Commonwealth of PennSylvania. Attorneys' FeeS; Exl)enees- Gum'antor agrees to pay upon demand eli of Lendm's costs and expeosec, inoludlng attorneys' fees and Lender's legal expance~ incurred In connaotlon with the enfOrCement of this Gu_era.nty. ~nder __r~_y_ whether or not there isa lawsuit, including attorneys' fees and legal expenses for ban.k, ru.p. tcy pr .o?edin,,g~a(mannlda~tn~sUodls~ail~oa~v ailt°C~os~ vacate any automatio stay or injunotion), app , Y P P ' and such additional fees as may be directed by Ihs ooud. Notices. NI notices required ,o be given by either perry to ?e..oth. er... und? this ?__u?~a_n_ty__s~h~l_ I..b.~e I, In.w~.n~.,....n~y ~re~n~l~Yole~tmio~er,n~s~ othanvise required by law), and shall be eflecfive when eclualiy ne when dedositad In the United States mail, first class peslega prepold, addressed to the pmly to whom the notre ts to be given e.t the address shown above or to euoh other addresses as either party.may dssignsts tO the other In w~ttiog. If tl~re is more than one Guerantor, notise to any Guarantor will ooostitute noltce to all Guarantors. F°r nollca purposes, Gumantor agrees to keep Lender thtormod et all times of Guarantor's Interprwiatlon. In all cases where there IS more than one Sorrower Or Guarantor, then ell words used in thts G[u~'~nty ~ the olngu~r shall be deemed lo have bean used In the plural where Iha context and couslruclico so redutre; and where there I~ mom than one.Boo'ewer homed In thIs Guaranty or when thIs Guaranty is exeeuled by mom than one Gcarsntor, the words "~on'owor" end "Gu~antor" respeotivaiy shell mean all and any one or more of them. The words 'Guarantor," "Borrower," end "Lender"__,..., ._ ..v. ,~,.,.. ,,~,~,-,~m.,-,m~ n; ~lk~.e the rovlslonsof thisin=lude the heirs, succaesom, esolgns, sod transferees of each of Guaranty. If a court of competon~ Juoso?o? lm..os, any pro.vm4u. ~;_._~m. ~u~..~,~[~ ..... or clmumetancas, ~'~d oll'~ne of ~ Guaranty In all other respects shall remain valid and enforceable, if any one or mom of Borrow~ =f Gus, renter sm coq3or~t[ons er pertcarshlps, It is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of Ihs officers, dlreotors, partners, or agents coting or purpedlng to act on their behalf, sod any Indebtedness made or created in rollel~e upon the professed ~erclse of such powers sloe, il be guaranteed under this Guaranty. Wslver. Lender sh~l not be dgemsd to have wolved any rights under lhis Gumanty unless euch waiver ~s given in wdling snd signed by Lender. No dela or omiscton on the part of Lender n exercising any right shali opomle as a waiver o! such fight or ~ny other dg~t. A waN~ by ~.ender of ,,~ ~ ~ th ~ ~n~mnlv ~h~l nnt nreledice or oonsti utc · waiver of Lender's right otbl~e 1o demsnd strl~ compltsnca with Ihel prevl~...c.n or waiver of any of Lender's rights or of any of Guarantor's obtigaliona as to any lutore bensac~ons. Whenav~ the Consent of Lender Is required under this Guorenty, the grenting of such consent by Lender In enY'*lnstanee ehaU not conslltuta continulog commnt to eubsequant Instancas where such consent is required and In ~ll ~ such ,con~nt may he grenle~ or wtihhe~d In the sota disomtion of L~ISr. 04;2.3.-1998 COMMERCIAL GUARANTY Loan No 501-30010 (Continued) Page 3 CONFESSION OF JUDGMENT. GUARANTOR HERESY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TiME FOR GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENRRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN AI-FORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDREO DOLLARS ($~00) 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 SY 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 HERESY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATFENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO ANY OF GUARANTOR'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR EI~TERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEVY OR OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE LIEN OF SUCH JUDGMENT SHALL EXTEND TO SUCH RESIDENTIAL REAL PROPERTY AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO EXECUTE, LEVY OR PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, 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 AODITION~ EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL 23, 1998. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUA~R,ANTOR: RULES OF CIVIL PROCEDURE - CONFESSION OF JUDGMENT Rule 2959. Striking Off or Opening Judgment; Pleadings; Procedure (a)(l) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike offthe judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support ora further request for a stay ofexecution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1 (c), tile petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the Petition states prima facie grounds for relief and the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiffshall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to sow cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike offthe judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. Adopted June 27, 1969, effective Jan. 1, 1970. Amended Oct. 4, 1973, effective Dec. 1, 1973; Nov. 14, 1978, effective Dec. 2, 1978; Dec. 14, 1979, effective Feb. 1, 1980; June 20, 1985, effective Jan. 1, 1986; April 1, 1996, effective July 1, 1996. Explanatory Comment - 1979 Amendment to Rule 2959(a). The Act of March 27, 1945, P.L. 83, as amended, 12 P.S. §§913,914 provided that if a confessed judgment is transferred to another county or if a writ of execution upon it is direct4ed to another county, the defendant has the option to petition to open either in the county where the judgment was originally entered or in the county to which it was transferred or to which the execution was directed. This Act is repealed by JARA. Subdivision (a) of Rule 2950 has been amended to continue the procedure. The scope of the repealed Act is enlarged by granting optional venue in the case ora petition to strike the judgment as well as petitions to open. This consisted with subdivision (a) of Rule 2959 which requires all grounds for relief, whether to open or to strike, to be raised at one time. To prevent bifurcation of the proceedings, the optional venue must be extended to both forms of relief. EXHIBIT "B" A petition to strike must assert defects appearing on the record. If the judgment debtor should seek to strike the judgment in an outside county, examination of the record of the original confession may be essential. For this purpose, the judgment debtor can, under the authority of Rule 3002(c), file in the outside county a certified copy of all or any part of the record, testimony or exhibits in the original action. New Rule 295909. An order of court opening a judgment does not impair the lien of the judgment or of any execution issued on it, although the court may stay the execution pending final disposition of the proceeding. 7 Stand. Pa. Prac. 172, 174 §§ 138, 142. To the contrary an order of court striking a judgment annuls the lien of the judgment or of any execution issued on it. 7 Stand. Pa. Prac. 244 §§ 223, 224. However, the mere filing ora petition to open or strike a judgmant does not affect the lira of the judgment or of any execution, subject, of course, to the power of the court to stay execution pending decision on the petition. Subdivision (f) has been added to Rule 2959 to restate this principal. Section 1722(b) of the Judicial Code authorizes the Supreme Court to promulgate general roles on the subject of liens and their extent where not already governed by Act of Assembly. In the absence of such general rules, present practice shall continue. The rarely used Act of July 9, 1897, P.L. 237, 12 P.S. § 911, created a special remedy under which a creditor of a judgment debtor might attack a judgment confessed by that debtor in favor of another creditor on a sowing of invalidity or fraud, and the filing ora bond to protect the judgment plaintiff. The Act preserved the lien of any levy which had been made pending termination of the proceedings. The Act was suspended in 1969 by Rule 2975(3) [rescinded] with respect to confessed judgments, except insofar as it preserved the lien, and it has been repealed by JARA. Explanatory Comment - 1996 The rules of civil procedure governing confession of judgment for money have been revised in two major respects: the abolition of confession ofjudgment in a consumer credit transaction and the imposition of a requirement of notice prior to or with execution upon a confessed judgment. 1~ Notice The provisions for notice are intended to aid the bench and bar in complying with Jordan v. Fox, Rothschild, 0 'Brien & Frankel, 20 F.3d 1250 (C.A.3 1994). The significance of the opinion was stated by Judge R. Stanton Wettick, Jr. in S & T Bank v. Coyne, No. GD 94-12141 (Allegheny County, August 1 l, 1994): The Jordan opinion is significant only because the judgment creditor and its attorneys are now also subject to a § 1983 claim by ajudgmant debtor who did not waive its constitutional rights to notice and a hearing. New rules have been promulgated to provide for notice to be served upon the defendant in most cases prior to or during execution on a judgment entered by confession. There are three notices but only one need be given in a particular case. Under new rule 2959(a)(3), a defendant must file a petition within thirty days of service of the notice to obtain relief from the judgment or to prevent execution. After thirty days, the defendant is barred from relief unless there are "compelling reasons for the delay". The intent of these roles is to limit the necessity for hearings on issues of due process and waiver by providing the defendant with a pre-deprivation notice and opportunity for hearing on the merits. However, new Rule 2959(a)(2) specifies three instances when the issue of the voluntary, intelligent and knowing waiver of due process rights may be raised. The first is in support ora request for a stay when the court ha already denied a prior request for a stay despite timely filing of that request and "the presentation of prima facie evidence of a defense". The second is when personal property has been levied upon or attached without prior notice and hearing under new Rule 2958.2. The third is when a defendant in possession of leased residential real property has been evicted without prior notice and hearing under new Rule 2973.3. In all other instances, the issues upon a petition for relief from the judgment will be the merits and not the waiver of due process rights. - 2 - MANUFACTURES AND TRADERS TRUST COMPANY, Successor by Merger to PENNSYLVANIA NATIONAL BANK & TRUST COMPANY, Plaintiff VS. SHERRY Y. RITCHEY and DENNIS R. RITCHEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COUNTY: Sir, please enter the appearance of Marc A. Hess, Esquire, of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140 as attorney for Manufactures and Traders Trust Company, the Plaintiff in the above-captioned case. Dated: [~ /[ ~ /~/.~ I.D. #55774 Attorney for Plaintiff MANUFACTURES AND TRADERS TRUST COMPANY, Successor by Merger to PENNSYLVANIA NATIONAL BANK & TRUST COMPANY, Plaintiff VS. CELTIC MOON PUBLISHING, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : No. 03-6555 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF LEBANON I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, depose and state that I forwarded a certified tree and correct copy of the attached Notice Under Rule 2958.1 of Judgment and Execution Thereon - Notice of Defendant's Rights by First Class United States Mail, Certified, Return Receipt Requested, on February 12, 2004 to Defendant, Celtic Moon Publishing, Inc., at 4707 North Clearview Drive, Camp Hill, Pennsylvania 1701 I. Said Notice was received by Defendant on February 13, 2004. Attached hereto and made a par~ hereof is the United States Postal Service Domestic Return Receipt and Receipt for Certified Mail. Sworn and subsordbed to before me this : t-~.a,~__~day of ' ~'~" "l~[l~0J'y ,2004. : I" I Lebanon, Lebanon County I MANUFACTURES AND TRADERS TRUST COMPANY, Successor by Merger to PENNSYLVANIA NATIONAL BANK & TRUST COMPANY, Plaintiff VS. CELTIC MOON PUBLISHING, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-6555 Civil Term NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS $ 23,852.24 977.31 2,482.96 $ 27,312.51 19, 2003, ($3.644 per diem), tgainst you and in :onfession of judgment contained in a written agreement or~6Ftm'i,zr~v~ ..... / 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 NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFEI{ LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FE~;. Lawyer Referral Service Court Administrator's Office 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 I.D. #5577~ 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-I 140 (717) 274-3644 Attorney for Plaintiff - 2 - MANUFACTURES AND TRADERS TRUST COMPANY, Successor by Merger to PENNSYLVANIA NATIONAL BANK & TRUST COMPANY, Plaintiff VS. SHERRY Y. RITCHEY and DENNIS R. RITCHEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-6556 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEBANON SS. I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, depose and state that I forwarded a certified true and correct copy of the attached Notice Under Rule 2958.1 of Judgment and Execution Thereon - Notice of Defendants' Rights by First Class United States Mail, Certified, Return Receipt Requested, on January 22, 2004 to Defendants, Sherry Y. Ritchey and Dennis R. Ritchey, at 4707 North Clearview Drive, Camp Hill, Pennsylvania 17011. Said Notices were received by Defendants on January 23, 2004. Attached hereto and made a part hereof is the United States Postal Service Domestic Return Receipts and Receipts for Certified Mail. Sworn and subsy, ribed to before me this j~ day of ? l~)~'~Lla¥ q ,2004. '~ ~) Notary ~ub[i~ 0 NOTARIAL SEAL I Elizabeth J. Behne¥, Notary Publlo · I Lebanon, Leba. non County I lVly Commission Expres Nov. 29, 2oo4 MANUFACTURES AND TRADERS TRUST COMPANY, Successor by Merger to PENNSYLVANIA NATIONAL BANK & TRUST COMPANY, Plaintiff VS. SHERRY Y. RITCHEY and DENNIS R. RITCHEY, Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : No. 03-6556 Civil Term NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS $4. ¢2 $ 23,852.24 977.31 2,482.96 $ 27,312.51 5124 0608 19, 2003, ($3.644 per diem), :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 Sheriffmay 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH iNFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH iNFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Court Administrator's Office 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 HENRY~~ I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - MANUFACTURES AND TRADERS TRUST COMPANY, Successor by Merger to PENNSYLVANIA NATIONAL BANK & TRUST COMPANY, Plaintiff VS. SHERRY y. RITCHEY and DENNIS R. RITCHEY, Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : No. 03-6556 Civil Term .NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON L E $0.00 $ 23,852.24 977.31 2,482.96 124 0592 $27,312.51 ~ " ~ 9, 2003, ($3 644 per diem late charges, costs of suit and reas~ 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 AFTEi~ 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABL~,; TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Court Administrator's Office 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff