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HomeMy WebLinkAbout12-3166KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 FULTON BANK, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -fL_AW n V. NO. a- 3110?P CIUI WALI T. THOMAS CONFESSION OF JUDGMENT Defendant 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 $246,551.83 and costs of suit. Eugene E. P pi ky r. Attorney fo efendant by virtue of the authorization contained in the Guaranty ± S k ' ? +> «a,h .s 4 ti._ iVl4 LIB DO at. 1 j?4 &I Sy7I ptai d Nofi KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 FULTON BANK, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI-VANIAPlaintiff ' CIVIL ACTION - LAW =rn v. =< "7 NO. fVii nr- ... WALI T. THOMAS r" CONFESSION OF JUDCNT^Q -_, C-J Defendant - O :V7 COMPLAINT cF 1. Plaintiff Fulton Bank, N.A. is a national banking association, with an office at 200 N. Third Street, Harrisburg, Pennsylvania 17101. 2. Defendant is Wali T. Thomas, an adult individual, whose last known address is 432 Independence Court, Mechanicsburg, Pennsylvania 17055. 3. On or about October 7, 2009, Defendant, for good and valuable consideration, executed and delivered a Commercial Guaranty (the "Guaranty") to Plaintiff. A true and correct copy of the 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 amounts under the Guaranty become due for the entire unpaid principal balance plus accrued interest, late charges and costs of suit and attorneys' fees of the greater of ten percent (10%) of the unpaid principal balance and accrued interest or $500.00. 7. The obligations of Defendant are in default, among other things, by reason of his failure to make the required payment(s) due under the Guaranty. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 8. The amount due on the Guaranty as of May 17, 2012, is $224,138.83, of which $220,625.62 is principal, $2,986.89 is interest and $526.32 is late charges. 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 consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $246,551.83 together with interest as may hereafter accrue and costs of suit. KEEFER WOOD ALLEN & RAHAL, LLP Date: May 1-1, 2012 By: Eugene sky, Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 VERIFICATION The undersigned, James W. Pesavento, hereby verifies and states that: He is Vice President of Fulton Bank, N.A., Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 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. W. Pesavento Dated: May67 , 2012 COMMERCIAL GUARANTY Borrower: Urban Equity Investments of PA LLC Lender: Fulton Bank, N.A. 4902 Carlisle Pike, Suite 397 Downtown Harrisburg Office Meohordcsburg, PA 17060 One Penn Square Corporate Address Lancaster, PA 17602 Guarantor: Wall T. Thomas 432 Independence Court Mechanicsburg, PA 17066 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lander has not exhausted Lender's remedies against anyone also obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-oll or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty. Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word "Indebtedness' as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expanses related thereto permitted by few, reasonable attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising of acquired, that Borrower individually or collectively or interchangeably with others, owes or will owe Lander. 'Indebtedness' Includes, without limitation, loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of Borrower, and any present or future judgments against Borrower, future advances. loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or Involuntarily Incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary In nature or arising from a guaranty or surety; secured or unsecured; joint or several or pint and several; evidenced by a negotiable or non-negotiable Instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise): and originated then reduced or extinguished and then afterwards Increased or reinstated. U Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not funless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminsted guaranties. CONTINUING GUARANTY. THIS IS A 'CONTINUING GUARANTY' UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, end wilt continue in full lofts until all the Indebtedness Incurred or comrected before receipt by Lender of any notice of revocation shell have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lander of Guarantor's written revocation. For this purpose and without limitation, the term 'new Indebtedness' does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without limitation, 'new Indebtedness' does not Include all or part of the Indebtedness that u: incurred by Borrower prior to revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner In which Guarantor might have terminated it and with the some effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. if is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty, and Ouscentor specifically acknowledges and agrees that reductions in the amount of the Indebtedness. even to zero dollars 1410.001, shall not constitute a torminatian of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's hairs, successors and assigns so long as any of the indeoladness remains unpaid and even through the Indebtedness may from tkne to time be zero dollars 1$0.001. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: IAI prior to revocation as set forth above, to make one or more additional secured or unsecured bans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; I61 to after, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any pan of the Indebtedness, including increases and decreases of the rate of interest on the indebtedness; extensions may be repeated and may be for longer then the original loan term; ICI to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, tell or decide not to pe/IeCI, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when end what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, Including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; iGl to sell, transfer, assign or grant participations in all or any pan of the Indebtedness; and IHI to assign or transfer this Guaranty in whole or In pan. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify In any way the terms of this Guaranty; IBI this Guaranty is executed at Borrower's request and not at the request of Lander; (C) Guarantor has lull power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result In a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, cowl decree or order applicable to Guarantor; (E) Guarantor has not and will not, without all the prior written consent of Lender, sell, lease, assign, ancurmbe(, hypothecate, transfer, otherwise dispose and credit Information t a tial In form Guarantor's assets, or any Interest thefoln; (F) upon Lender's request, Guarantor will provide to Lander financial acceptable to Lender, and ail such financial information which currently has been, and all future financial information which will be provided to Lender Is and will be true end correct In all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; IG) no material adverse Change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lander and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, Investigation, administrative proceeding or similar action fincluding those for unpaid texas) against Guarantor is pending or threatened; III Lander has mode no representation to Guarantor as to the creditworthiness of Borrower; and IJ) Guarantor has established adequate means of obtaining from Borrower on a continuing beefs Information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way offset Guarantor's risks under this Guaranty, and Guarantor further agrees tint Lrndet shall have no obligation to disclose to Guarantor any Information or documents requited by Lander in the course of Its relstionshili with Borrower, GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to fumish Lander with the following: Annual Statements. As soon as available, but In no event later than one-hundred-twenty 1120) days ofter the end of each fiscal year, Guarantor's balance sheet and Income statement fa the vow ended, prepared by Guarantor. COMMERCIAL GUARANTY Loan No: 0001.9711816.9001 (Continued) Page 2 Tax Returns. As soon es available, but In no event later than one-hundredawenty 1120) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by Guarantor, All financial reports (squired to be provided under this Guaranty shell be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor es being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor wolves any right to require Lander JAI to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any. nonpayment of the indebtedness or of any nonpayment related to any colaleral, or notice of any action or nonsction on the part of Borrower, Lender, any surety, endorser, or other guarantor In connection with the Indebtedness or in connectlon'wllh the creation of new or additional bens or obligations (Cl to resort for payment or to proceed directly or at once against any person, Including Borrower or any other guarantor; (DI to proceed directly against or exhaust any collateral hold by Lender from Borrower, any other guarantor, or any other person; JE) to give notice of the terms, time, and place of any public or private sale of personal property security hold by Lender from Borrower of to comply with any other applicable provisions of the Uniform Commercial Coda; (F) to pursue any other remedy within Lender's power; or IG) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also wolves any and all rights or defenses based on Suretyship or impairment of collateral Including, but not limited to, any rights or defenses arising by lesson of (A) any 'one action' or 'anti-deficiency' law or any other few which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of safe; IBI any election of remedies by Lender which destroys or otherwise adversely o0octs Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness;, ICI any disability or other defense of Borrower, of any other guarantor, or of any other person. of by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment In full In legal tender, of the Indebtedness; (0) any right to claim discharge of the Indebtedness on the basis of unjustlllse impairment of any collateral for the Indebtedness, (E) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor Is commenced, there is outstanding indebtedness which is rat barred by any applicable statute of lmitatfau; or IF) any defenses given to guarantors at law or In equity other than actual payment and performance of the Indebtedness. If payment is made by borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness end thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy low or low for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further wolves and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be assened by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is mode with Guarantor's full knowledge of its significance and consequences and that, under the circumstences, the waivers are reasonable and not contrary to public policy or law. It any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lander reserves a right of setoff in ell Guarantor's accounts with Lander (whether checking, savings, or some other occountl. This Includes all accounts Guarantor holds jointly with someone also and all accounts Guarantor may open in the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by low. Guarantor authorizes Lender, to the extent permitted by applicable taw, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the farms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In she event of Insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lander all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of "Suring to Lender full payment In legal tender of the Indebtedness. It Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and Shoff be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements end to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments, This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set lorth In this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Feu; Expenses. Guarantor agrees to pay upon demand all of Lender's costa and expenses, including Lender's reasonable attorneys' leas and Larder's legal expenses, incurred In connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shell pay the costs and expenses of such enforcement. Costs and expenses include Lender's reasonable attorneys' lees and legal expenses whether or not there is a lowauf , Including reasonable attorneys' is" and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs end Such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to Interpret or define the provisions of this Guaranty. Governing Lew. This Guwanty will be governed by federal low applicable to Lender and, to the extent not presmpted by federal low, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. Integration. Guarantor ivrther agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor he$ had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to Interpret the terms of this Guaranty. Guarantor hereby Indemnities and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' lees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cues where there is more than one Borrower or Guarantor, then all words used in this Guaranty In the singular shall be deemed to have been used in the plural where the context and construction so require; and where there Is more then one Borrower named In this Guaranty or when this Guaranty Is executed by more than one Guarantor, the words 'Borrower' and "Guarantor" respectively shelf mean es and any one or more of them. The wads 'Guarantor,' "Borrower,' and 'Lender' Include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty Is not valid or should not be enforced, that fact by Itself will not mean that the rest of IN# Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be Invalid or unenforceable. It any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or Similar entities, It Is not necessary for Lender to Inquire Into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given In writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by t lolacalmile (unless otherwise required by law), when deposited with a notionally recognized overnight courier, or, If mailed, when deposited In the United States mall, as first class, certified or registered mail postage prepaid, directed to the addresses shown rear the beginning of this Guaranty. All revocation notices by Guarantor shell be in writing and Shoff be effective upon dolvery to Larder as provided In the section of this Guaranty entitled 'DURATION OF GUARANTY." Any party may charge its address for notices under rtes Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice Is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, If then Is more then one Guarantor, any notice given by Lander to any Guarantor Is deemed to be notice given to all Guarantors. No Waiver by Lender. Lander shall not be doomed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lander. No delay or omission on the pert of Lander In exercising any right shoo operate as a waiver of such right or any other COMMERCIAL GUARANTY Loan No: 0001-9711818-9001 (Continued) Page 3 right. A waiver by Lender of a provision of this Guaranty shall not pre)udice or constitute a waiver of Lender's right otherwise to demand strict complienee with that provision or any other provision of this Guaranty. No prior waiver by Lender, riot any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Larder's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lander Is required under this Guaranty, the granting of such consent by Lender In any instance shell not constitute continuing consent to subsequent Instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Succasors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shell be enforceable by Lender and Its successors and assigns. Waive Jury. Lehder and Guarantor hereby waive the right to any Jury trial in any action, proceeding, or counterclaim brought by either Lender or Guarantor against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used In this Guaranty. Unless specifically stated to the contrary, all references to dotter amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall Include the singular, as the context may require. Words and terms not otherwise defined In this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word 'Borrower' means Urban Equity Investments of PA LLC and Includes all co-signers and co-makers signing the Note and all their successors and assigns. GAAP. The word -GAAP' means generally accepted accounting principles. Guarantor. The word 'Guarantor' meant everyone signing this Guaranty. Including without limitation Wall T. Thomas, and in each case, any signer's successors and assigns. Ouarenty. The word 'Guaranty' means INs guaranty from Guarantor to Lender. Indebtedness. The word 'Indebtedness' means Borrower's Indebtedness to Lender as more particularly described in this Guaranty. Lender. The word 'Lender' means Fulton Bank, N.A., its successors end assigns. Note. The word 'Note' means and includes without limitation all of Borrower's promissory notes end/or credit agreements evidencing Borrower's loan obligations In favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, motgagas, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements end documents, whether now or hereafter existing, executed In connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR.FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1096) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($600) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO rTS TERMS. IN ADDITION, 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 OCTOBER 7, 2009. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X" -U/ -1 0/ (Seel) Well T. Thomas Signed, • wipe rv the presence of: X Witnes Wr1,V?v.av-. 4v10DLn Gw.h?vf-w„+W?+•k all. 101•. uly,u llrw?. .r? S?rt1fMl?C Ul,lA1C nif,l KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 FULTON BANK, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. WALI T. THOMAS CONFESSION OF JUDGMENT Defendant NOTICE OF DEFENDANT'S RIGHTS A judgment in the amount of $246,551.83 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 Bedford Street Carlisle, PA 17013 (717) 249-3166 KEEFER 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 Fulton Bank, N.A. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 FULTON BANK, N.A. Plaintiff V. WALI T. THOMAS Defendant To: WALI T. THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C'V(" CONFESSION OF JUDGMENT NOTICE You are hereby notified that on May 1, 2012, judgment )confession was entered against you in the sum of $246,551.83 in the above captioned case. 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 Bedford Street Carlisle, PA 17013 (717) 249-3166 I hereby certify that the following is the address of the Defendant stated in the certificate of residence. WALI T. THOMAS 432 INDEPENDENCE COURT MECHANICSBURG, PA 17055 Attorney for n (s) KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 FULTON BANK, N.A. Plaintiff V. WALI T. THOMAS Defendant To: WALI T. THOMAS, Defendido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CONFESSION OF JUDGMENT NOTICE Usted esta siendo notificando que el de May del 2012, se anoto en contra suya un fallo por confesion en la suma de $246,551.83 en el caso mencionado en el epigrafe. Prothonotary LISTED DEBE LLEVAR IMMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: WALI T. THOMAS 432 INDEPENDENCE COURT MECHANICSBURG, PA 17055 Attorney