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HomeMy WebLinkAbout08-6591KEEPER WOOD ALLEN H~ RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff v. THOMAS G. FROMM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. OB - j,~g J Clv~ 1 le~w~ CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT By virtue of the authority conferred by the Guaranty, 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 Plain- tiff and against the Defendant for the sum of $55,492.04. Eugene E. epinsk , Jr. Attorney for Defendant by virtue of the authorization contained in the Guaranty KEEPER WOOD ALLEN $c R/1HAL, 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. pg - ~ S qj C~vi 1-Te.r~'^ THOMAS G. FROMM 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 Thomas G. Fromm, is an adult individua{, whose {ast known address is 1632 A Pine Road, Carlisle, Pennsylvania 17013. 3. On or about August 24, 2004, Defendant, for good and valuable consideration, executed and delivered a Continuing Guaranty (the "Guaranty") to Plaintiff for and on account of the obligations of T & D Subs, LLC. A true and correct copy of said Guaranty is attached hereto, made a part hereof and marked Exhibit "A". 4. The Guaranty 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 Guaranty referred to in Paragraph 3 above in any jurisdiction. 6. The Guaranty provides that Plaintiff may confess judgment against Defendant at any time after the occurrence of a default for the full amount of the indebtedness plus court costs and attorneys' fees of ten percent (10%). KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 7. The obligations of Defendant is in default, among other things, by reason of his failure to make the required payment(s) due under the Guaranty. 8. The amount due on the Guaranty as of November 5, 2008, is $50,447.31. Ten percent (10%) of said sum is $5,044.73. 9. Plaintiff has been advised and, therefore, avers that Defendant executed the Guaranty referred to in Paragraph 3 above for business purposes. 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 $55,492.04, together with interest as may hereafter accrue and costs of suit. Date: November ~ , 2008 KEEPER WOOD ALLEN 8~ RAHAL, LLP By: 1=ugel~'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 ALLEN 8c RAF'{AL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 VERIFICATION The undersigned Kenneth L. Milliken, hereby verifies and states that: 1. He is 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. Kenneth L. Milliken Dated: November 6 , 2008 roc GT Y .~ArF •~L .6 CONTINUING GUARANTY Y~~'J4~1 cOM'~~ . . ~ ro,M, (PERSONAL) Manufacturers and Traders Truat Company~j,, ~--= Pennsylvanla `~ - , . GUARANTOR: THOMAS G. FROMM 1632 A Pine Road, Carlisle, Pennsylvania, 17013 BORROWER: T & D SUBS, LLC 4141 Linglestown Road, Harrisburg, Pennsylvanla 17112 SANK: MANUFACTURERS AND TRADERS TRUST COMPANY, a New York banking corporation with banking offices at One M&T Plaza, Buffalo, New York 14240 Attention: Office of General Counsel 'I. Guaranty. (a} Guarantor, intending to be legally bound, hereby unconditionally guarantees the full and prompt payment and performance of any and all of Borrowers Obligatfona.(as defined below) to the Bank when due, whether at stated maturity, by acceleration or otherwise. As used in this Guaranty, the term "Obligations" shall mean any and ail abligations, indebtedness and other tiabiiities of Borrower to the Bank now or hereafter existing, of every kind and nature and all accrued and unpaid Interest thereon and all Expenses {as defined below) Including without limitation, whether such Obligations, indebtedness and other Ilabillties (I) are direct, contingent, liquidated, unAquidated, secured, unsecured, matured or unmatured; (ii} are pursuant to a guaranty or surety in favor of the Bank; (ill) were originally contracted with 'the Bank or with another party (including obligations under a guaranty or surety originally in favor of such other party); (iv) are contracted by Borrower alone or jointly with one or more other parties; (v) are or are not evidenced by a writing; (vl) are renewed, replaced, modified or extended; and (vii) are periodically extinguished and subsequently reincurred or r6duced and thereafter increased. Guarantorwlll pay or perform his or her obligations under this Guaranty upon demand. This Guaranty is and Is intended to be a continuing guaranty of payment (not collection) of the Obligations (irrespective of the aggregate amount thereof and whether or not the Obligations from Elms to time exceeds tha amount of this Guaranty, if limited), independent of, in addition and without modification to, and does not impair or in any way affect, any other guaranty, indorsement, or other agreement in connection with the Obligations, or in connection with any other indebtedness or IlabUity to the Bank or collateral held by the Bank therefor or with respect thereto, whether or not famished by Guarantor. Guarantor understands that the Bank can bring an action under this Guaranty without being required to exhaust other remedies or demand payment first from other parties. {b) Guarantor acknowledges the receipt of valuable consideration for this Guaranty and acknowledges that the Sank is relying on this Guaranty in making a financial accommodation to Borrower, whether a commitment to lend, extension, modification or replacement of, or forbearance with respect to, any Obligation, cancellation of another guaranty, purchase of Borrower's assets, or other valuable consideration. 2. Continuing, Absolute, Unconditional and Unlimited Guaranty. This Guaranty Is irrevocable, absolute, continuing, unconditional and general without any limitation. 8. Guarantor's Waivers 8 Authorizations. (a) Guarantor's obligations shall not be released, impaired or affected In anyway including by any of the following, aN of which Guarantor hereby waives (i) any bankruptcy, reorganization or insolvency under any law of Borrower or that of any other party, or by any action of a #rustee in any such proceeding; {il) any new agreements or obligations of Borrower or any other party with the Bank; (iii) any adjustment, compromise or release of any Obligations of Borrower, by the Bank or any other party; the existence or nonexistence or order of any filings, exchanges, releases, {mpairment or sale of, or failure to perfect or continue the perfection of a security interest in any collateral forthe Obligations, (iv) any failure of Guarantor to receive notice of any intended disposition of such collateral; {v) any flctitiousneas, incorrectness, invalidity or unenforceability, for any reason, of any instrument or other agreement which may evidence any Obligation; (vi) any composition, extension, stay or other statutory relief granted to Borrower Including, without limitation, the expiration of the period of any statute of limitations with respect to any lawsuit or other legal proceeding against Borrower or any person in anyway related to the Obligations or a part thereof or any collateral therefor; {vii) any change In form of organization, name, membership or ownership of Borrower or Guarantor; (viii) any refusal or failure of the Bank or any other person prior to the date hereof or hereafter to grant any additional loan or other credit accommodation to Borrower or the Bank's or any other party's receipt of notice of such refusal or failure; (ix) any setoff, defense or counterclaim of Borrower with respect to the abligations or otherwise arising, either directly or indirect{y, in regard to the Obligations; or (x) any other circumstance that might otherwise constitute a legal or equitable defense to Guarantor's obligations under this Guaranty. (b) Guarantor waives acceptance, assent and all rights of notice or demand including without limitation (i) notice of acceptance of this Guaranty, of Borrower's default or nonpayment of any Obligation, and of changes in Borrower's financial condition; (il) presentment, protest, notice of protest and demand for payment; (iii) notice that any Obligations has been incurred or of the reliance by the Bank upon this Guaranty; and (iv) any other notice. demand or condition to which Guarantor might otherwise be entNted prior to the Bank's reliance on or enforcement of this Guaranty. Guarantorfurtherouthorizes the Bank, without notice, demand or additional reservation of rights against Guarantor and without affecting Guarantor's obligations hereunder, from time to time: (i) to renew, refinance, modify, subordinate, extend, Increase, accelerate, or otherwise change the time for payment of, the terms of orthe interest on the Obligations or any part thereof;(II) to accept and hold collateral from any party for the payment of the any or all of the Obligations, and to exchange, enforce or refrain from enforcing, or release any or all of such collateral; (fil) to accept any indorsement or guaranty of any or all of the Obligations or any negotiable instrument or other writing intended to create an accord and satisfaction wfth respect to any or all of the Obligations; (!v) to release, replace or modify the obligation of any indorser or guarantor, or any party who has given any coilatera{ for any of all of the Obligations, or any other party in any way obligated to pay any or all of the Obligations, and to enforce or refrain from enforcing, or compromise or modify, the terms of any obligatbn of any such indorser, guarantor or party; (v) to dispose of any and all collateral securing the Obligations in any manner as the Bank, In (ts sole discretion, may deem appropriate, and to direct the order and the enforcement of any and all Indorsements and guaranties relating to the Obligations In the Bank's sole discretion; and (vi) to determine the manner, amount and time of application of payments and credits, if any, to be made on all or any part of the Obligations Including, without limitation, if this Guaranty is limited in amount, to make any such application to Obligations, if any, in excess of the amount of this Guaranty. CL8~1S8117SPA (04102) CM ('c) Notwithstanding any other provision in this Guaranty, Guarantor irrevocably waives, without notice, any right he or she may have at law qr in equity {Including without limitation any law subrogating Guarantorto the rights of the Bank) to seek contribution, indemnification orany other fl~rm of reimbursement from Borrower ar any other obligor or guarantor of the ObNgations for any disbursement made under this Guaranty or otherwise. 4. Termination. This Guaranty shall remain in full force and effect as to each Guarantor until actual receipt by the Bank officer responsible for Borrower's relationship with the Bank of written notice of Guarantor's intent to terminate (or Guarantor's death or incapacity) plus the lapse of a reasonable time for the Bank to act an such notice {the "Receipt of Notice"); provided, however, this. Guaranty shall remain in full force and effect thereafter until all Obligations outstanding, or contracted or committed for (whether or not outstanding), before such Receipt of Notice by the Sank, and any extensions, renewals or replacements thereof (whether made before ar after such Receipt of Notice), together with interest accruing thereon after such Receipt of Notice, shall be finally and Irrevocably paid in full. Discontinuance of this Guaranty as to one Guarantor shat{ not operate as a discontinuance hereof as to any other guarantor. Payment of all of the ObNgations from time to time shall not operate as a discontinuance of this Guaranty, unless a Receipt of Notice as provided above has been received by the Bank. Guarantor agrees that, to the extent that Borrower makes a payment or payments to the Bank on the Obligations, ar the Bank receives any proceeds of collateral to be applied to the Oblige#lons, which payment or payments or any partthereof are subsequently Invalidated, declared to be fraudulent or preferential, set aside or otherwiae are required to be repaid to Borrower, its estate, trustee, receiver or any other party, Including, without limitation, under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such repayment, the obligation or part thereof which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the date such Initial payment, reduction or satisfaction occurred, noiwlthstandingany conttaryaction which may have been taken by the Bank in reliance upon such payment or payments. As afthe date any payment or proceeds of collateral are returned, the statute of Ifmitatfons shall start anew with respect to any action or proceeding by the Bank against Guarantor under this Guaranty. Likewise, any acknawiedgment, reaffirmation or payment, by Borrower orany third parry, of any portion of the Obligations, shall be deemed to be made as agent for the Guarantor, strictly for the purposes of totting the running of (andtor preventing the operation of) the applicable statute of limitations wJth respect to any action or proceeding by the Bank against Guarantor under this Guaranty. 5. Expenses. Guarantor agrees to reimburse the Bank on demand for all the Bank's expenses, damages and losses of any kind or nature, including without limitation costs of collection and actual attorneys' fees and disbursements whether for internal or external counsel incurred by the Bank in attempting to enforce this Guaranty, collect any of the Obligations Including any workout or bankruptcy proceedings or other legal proceedings or appeal, realize on any collateral, defense of any action under the prior paragraph or for any other purpose related to the Obligations (collectively, "Expenses"). Expenses will accrue interest atthe htghest default rate in any instrument evidencing the Obligations until payment is actually received by the Bank. B. Financial and Other information. Guarantor shall provide annual personal financial statements and any other financial information requested by the Bank Inform satisfactory to the Bank. Guarantor represents that his or her assets are not subject to any (tens, encumbrances or contingent liabilities except as fully disclosed to the Bank in such statements. Guarantor warrants that ail information Guarantor gives to the Bank at any time is corcect, complete and not misleading. Guarantor resides at the above address and will notify the Bank officer named above immediately in writing upon any change to address. Guarantor understands this Guaranty and has satisfied himself or herself as to Its meaning and consequences and acknowledges that it has made its own arrangements for keeping Informed of changes or potential changes affecting the Borrower including the Borrower's financial condition. 7. Security; Right of Setoff. As further security for payment of the Obligations, Expenses and any other obligations of Guarantor to the Bank, Guarantor hereby grants to the Bank a security interest In ail money, securities and other property of Guarantor in the actual or constructive possession or control of the Bank or its afflNates including without limitation all deposits and other accounts awing at any time by the Bank or any of its affiliates in any capacity to Guarantor in any capacity (collectively, "Property"). The Bank shall have the right to set off Guarantor's Property against any of Guarantor's obligations to the Bank. Such set-off shall be deemed to have been exercised immediately at the time the Bank or such affiliate elect to do so. The Bank shall also have all of the rights and remedies of a secured party under the Uniform Commercial Code, as the same may be in effect in the Commonwealth of Pennsylvania, as amended from time to time, in addition to those under this Guaranty and other applicable law and agreements. 8. No Transfer of Assets. Guarantor shall not transfer, reinvest or otherwise dispose of his or her assets in a manner or to an extent that would or might impair Guarantor's ability to perform his or her obligations under this Guaranty. 9. Nonwaiver bythe Bank; Miscellaneous. This Guaranty is intended by Guarantor to be the final, complete and exclusive expression of the agreement between Guarantor and the Sank. This Guaranty may be assigned by the Bank, shall Inure to the benefit of the Bank and its successors and assigns, and shall be binding upon Guarantor and his or her legal representative, successors and assigns and any participation may be granted by the Bank herein in connection with the assignment or granting of a partictpaflon by the Bank in the Obligations or any part thereof. Ali rights and remedies of the Bank are cumulative, and no such right or remedy shall be exclusive of any other right or remedy. This Guaranty does net supersede any other guaranty or security granted to the Sank by Guarantor or others (except as to Guarantor's Waiver of Subrogation rights above). No single, partial or delayed exercise by the Bank of any right or remedy shall preclude exercise by the Bank at any time at its sole option of the same orany other right or remedy of the Bank without notice. Guarantor expressly disclaims any reliance on any course of dealing or usage of trade or oral representation of the Bank including, without itmlfatton, representations to make loans to Borrower or enter Into any other agreement with Borrower or Guarantor. No course of dealing or other conduct, no oral agreement or representation made by the Bank or usage of trade shall operate as a waiver of any tight or remedy of the Bank. No waiver or amendment of any right or remedy of the Bank or release by the Bank shall be effective unless made specNicaliy in writing by the Bank. Each provision of this Guaranty shall be interpreted as consistent with existing iaw and shall be deemed amended to the extent necessary to comply with any conflicting law. if any provision nevertheless is held invalid, the other provisions shall remain In effect. Guarantor agrees that in any legal proceeding, a copy of this Guaranty kept in the Bank's course of business maybe admitted into evidence as an original. Captions are solely far convenience and not part of the substance of this Guaranty. 14. Joint and Several. If there is more than one Guarantor, each Guarantor Jointly and severally guarantees the payment and performance in full of all obligations under this Guaranty and the term "Guarantor" means each as well as all of them. Guarantor also agrees that the Bank need not seek payment from any source other than the undersigned Guarantor. This Guaranty is a primary obligation. Guarantor's obligations hereunderare separate and independent of Borrower's, and a separate action may be brought against Guarantorwhether ar not action is brought or joined against or with Borrower or any other party. CL&138/f7&PA (04!02) CM 11. 'Notices: Any demand or notice hereunder or under any applicable taw pertaining hereto ahaU be in writing and duly given if delivered to Guarantoi (at Its address on the Bank's records) or to the Bank {at the address on page one and separately to the Bank officer responsible for ~uarantor'a relationship with the Bank). Such notice ordemand shall be deemed sufficiently given for all purposes when delivered (i) by personal delivery and shall be deemed effective when delivered, or (il) by mail or courier and shall be deemed effective three {3) business days after deposit in an official depository maintained by the United States Post Office for the collection of mall or one (1) business day after delivery to a nationally recognized overnight courier service (e.g., Fedora! Express). Notice by a-mail is not valid notice under this or any other agreement befirreen Guarantor and the Sank. 12. Governing Law; Jurisdiction. This Guaranty has been delivered to and accepted by the Bank and will be deemed to be made fn the Commonwealth of Pennsylvania. Unless provided otheruWse under federal law, this Guaranty will be Interpreted in accordance with the laws of the Commonwealth of Pennsylvania excluding its conflict of laws rules. GUARANTOR HEREBY IRREVOCABLY CONSENTS TO THE EXCLU8IVE JURISDICTION OF ANY STATE OR FEDERAL COURT IN THE COMMONWEALTH OF PENNSYLVANIA 1N A COUNTY OR JUDICUIL DISTRICT WHERE THE BANK MAINTAINS A BRANCH AND CONSENTS THATTHE BANK MAY EFFECT ANY SERVICE OF PROCESS IN THE MANNER ANA AT GUARANTOR'S ADDRESS SET FORTH ABOVE FOR PROVIDING NOTICEORDEMAND; PROVIDED THAT NOTHING CONTAINED IN THISGUARANTY WILL PREVENTTHE BANK FROM BRINGING ANYACTION, ENFORCINGANYAWARD OR JUDGMENTOR EXERCISIN©ANYRIGHTSAGAIN8TGUARANTOR INDIVIDUALLY, AGAINSTANY SEGURITYOR AGAINST ANYPROPERTY OF GUARANTOR WITHIN ANY OTHER COUNTY, STATE OR OTHER fOREION OR DOMESTIC JURISDICTION. Guarantor aCknOWl8dge8 and agre88 that the venue provided above is the most convenient forum for both the Bank and Guarantor. Guarantor waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Guaranty. 13. Waiver of Jury Trial. GUARANTOR AND THE BANK HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY GUARANTOR AND THE BANK MAY HAVE IN ANY ACTION OR PROCEEDING, IN LAW OR IN EQUITY, IN CONNECTION WITH THIS GUARANTY OR THE TRANSACTIONS RELATED HERETO. GUARANTOR REPRESENTS AND WARRANTS THAT NO REPRESENTATIVE OR AGENT OF THE BANK HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE BANK WILL NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THIS JURY TRIAL WAIVER. GUARANTOR ACKNOWLEDGES THAT THE BANK HAS BEEN INDUCED TO ENTER INTO THIS GUARANTY BY, AMONG OTHER THINGS, THE PROVISIONS OF THIS SECTION. 14. Powerto Confess Judgment. GUARANTOR HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR GUARANTOR AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST GUARANTOR IN FAVOR OF THE BANK OR ANY HOLDER HEREOF FOR ALL AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF TEN PERCENT (10%) OF SUCH AMOUNTS OR:1,000 ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO THIS GUARANTY OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. GUARANTOR HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAtD PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE SET FORTH IN ANY OF THE DOCUMENTS EVIDENCING THE OBLIGATIONS OF BORROWER. NO 81NGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE BANK SHALL ELECT UNTIL SUCH TIME AS THE BANK SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNT5 DUE HEREUNDER. 15. Ackn lodgment. Borro r acknowledges that 1t has read and understands all the provisions ofthis Guaranty,lnciuding the Confession of Ju m t e g . , Jurisdiction and Waiver of Jury Trial, and has been adv)sed by counsel as necessary or appropriate. Dats ' , 2004 GUARANTOR: Soc. Sec. #:176.54-1338 homes G. ~ mm NOTICE: FOR PURPOSES OF THIS AGREEMENT "OBLIGATIONS" 13 NOT LIMITED TO PRESENTLY EXISTING INDEBTEDNESS, CLB-138HT6•PA 104102) CM LIABILiT1ES AND OBLIGATIONS. ~~ ~•DF/YIA~CA~ ACKNOWlEOGMENY t/OUNTY OF ~ SS. On the ~ day of in the year 2004, before me, the undersigned, a Notary Public In and for said Commonwealth, personally appeared Thom t3. Fromm, personally known to me or proved to me on the basis of satisfactory evidence to be the Individu ose name Is subscribed to the wlthln sald Instrument and acknowledged to me that he/ahe executed the same in his/her capacity, that by hl her signature on the instrument, the Individual, or the person upon behalf of which the individual acted, executed the inst m, rat. _ ~ ,,, A ii/ Notary Pub11c ' (l\{~ ~ / i ( '; ~ 1:1 `~ ~~ . `. i ~ ~ ,; CLB-138H76~PA (04/02) CM ~~~~`~ DISCLOSURE FOR CONFESSION OF JUDGMENT GUARANTOR Manufaclureta and Traders Trust Company Pennsylvania Undersigned: Thomas G. Fromm, an individual Chief executive office/principal residence: 1632 A Pine Road, Carlisle, Pennsylvania, 17013 Bank: MANUFACTURERS AND TRADERS TRUST COMPANY, a New York banking corporation with banking offices at One M&T Plaza, Buffalo, New York 14240 Attention: Office of General Counsel (the "Bank") The Undersigned has executed, and/or is executing, on or about the date hereof, the following documents, instruments or other agreements (collectively, the "Document(s)"), under which the Undersigned is obligated to repay monies to the Ban A guaranty of the obligations of T ~ D SUBS, LLC to the Bank dated ~ , 2004 A. The Undersigned understands that the Document(s) contain a Confession of dgment provision that would permit the Bank to enter judgment against it in court, after a default on the Document{s), without advance notice to it and without offering it an opportunity to defend against the entry of judgment. In executing the Document{s), being fully aware of Its rights to advance notice and to a hearing to contest the validity of any Judgment or other claims that the Bank may assert against It under the Document(s), the Undersigned is knowingly, intelligently and voluntarily waiving these rights, including any right to advance notice of the entry of Judgment, and the Undersigned expressly agrees and consents to the Bank's entering judgment against it by confession as provided for in the Confession of Judgment provision. B. The Undersigned further understands that in addition to giving the Bank the right to enter judgment against it without advance notice or a hearing, the Confession of Judgment provision in the Document(s) also contain language that would permit the Bank, after entry of judgment, to execute on the judgment by foreclosing upon, attaching, levying on, taking possession of or otherwise seizing its property, in full or partial payment of the judgment. In executing the Document(s), being fully aware of its rights to advance notice and a hearing after judgment is entered and befpre execution on the judgment, the Undersigned is knowingly, intelligently and voluntarily waiving these rights, and the Undersigned expressly agrees and consents to the Bank's executing on the judgment, in any manner permitted by applicable state and federal law. C. The Undersigned certifies that a representative of the Bank speciflcalfy called the Confession of Judgment provisions in the Document(s) to the attention of the Undersigned, and/or that the Undersigned was represented by legal counsel in connection wfth the above documents. D. The Undersigned hereby certifies: thatits annual income exceeds $10,000; that all references to "the Undersigned" above referto all persons and entjtte:gsigning below; ark, ti that the Undersigned received a copy hereof at the time of signing. 2004 Witness: Print Name: CLB-189(G}pA (11/01) CM t Orlylnal -Bank ` ~~ .~. C v ,tea ~ ~ ~ 1 t7 r-- \ ~./ ~ _ } N ~ ~ ifs pppQ~~ S 1 ( ..'.. t ~ r'f1 V 1 f-_ - ~.f ~ ~: ~~ z~ , KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff v. THOMAS G. FROMM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 08 ' (AJrQ~ ~iVil tP.rM+ CONFESSION OF JUDGMENT NOTICE OF DEFENDANT'S RIGHTS A judgment in the amount of $55,492.04 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 KEEPER WOOD ALLEN & RAHAL, LLP By: Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Manufacturers and Traders Trust Company r.a ~~ -_ =~ M,. f'!~ i ~' *~- ..,,g ' ..f., _, ~. _'q~ KEEPER WOOD ALLEN 8c RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG. PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. THOMAS G. FROMM Defendant To: THOMAS G. FROMM, Defendant CIVIL ACTION -LAW NO. 0$ - (059 J t_.:ivi l Te vwt CONFESSION OF JUDGMENT NOTICE You are hereby notified that on November ~, 2008, judgment by confession was entered against you in the sum of $55,492.04 in the above captioned case. Dated: November , 2008 s rothonotary a~ 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 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 I hereby certify that the following is the address of the defendant(s) stated in the certificate of residence. Thomas G. Fromm 1632 A Pine Road Carlisle, PA 17013 `:/ Attorney for Plaintiff(s) KEEPER WOOD ALLEN & RAHAL, LLP 270 WALNUT STREET PO BOX 11963 HARRISBURG, PA 171 d8-1963 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS OF TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. THOMAS G. FROMM Defendant THOMAS G. FROMM, Defendido CIVIL ACTION -LAW NO. 08 -~~9~ l...iv~! le,rw~ : CONFESSION OF JUDGMENT NOTICE Usted esta siendo notificando que e1 de November del 2008, se anoto en contra suya un fallo por confesion en la soma de $55,492.04 en e1 caso mencionado en el epigrafe. FECHA: November , 2008 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 SOUTH BEDFORD STREET Carlisle, PA 17013 Telephone: (800) 990-9108 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Thomas G. Fromm 1632 A Pine Road Carlisle, PA 17013 17' Attorney for Plaintiff(s) IN THE UNITED STATES BANKRUPTCY COUR1 1Z JUL -9 PM 21 FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ?N!NSYL?AN?P IN RE: CHAPTER 13 THOMAS GLENN FROMM TAMMY LYNN FROMM, CASE NO. 1:11-bk-05616 Debtors THOMAS GLENN FROMM TAMMY LYNN FROMM, Movants V. CERTIFIED FROM THE RECORD ?.... MQ MANUFACTURERS & TRADERS day of " J 1/ TRUST COMPANY Clerk, U.S. Bankruptcy C rt Respondent Per lark ORDER UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) of the Bankruptcy Code , it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of MANUFACTURERS & TRADERS TR Y in the approxi amount of $55,492.04 entered in Cumberland County at ,MWIMMOMe and hereby is avoided; it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. Dated: July 2, 2012 By the Court, CZ.,o u, co,.e g Rohert N. Opel. 11, Bankniptcy Judge (.),% 1) ?o Case 1:11-bk-05616-RNO Doc 59 Filed 07/02/12 Entered 07/02/12 10:31:20 Des Main Document Page 1 of 1 ;o ?d