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HomeMy WebLinkAbout05-3413MANUFACTURES AND TRADERS TRUST COMPANY, Plaintiff vs. SCULPTURED IMAGES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. U?- 7j ?'?3 1 2^'` 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 Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal Sum Due - $ 20,000.00 Interest to 6/21/05 - 589.74 Attorney's Commission (10% of unpaid principal and accrued interest - _ 2,058.97 Total - $ 22,648.71 Together with interest which continues to accrue after June 21, 2005, at the contract rate ($3.7530 per diem), costs of suit and a reasonable attorney's fee. HEN B LP By: -- ARC A. H SS Prothonotary I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendant MANUFACTURES AND TRADERS TRUST COMPANY, Plaintiff vs. SCULPTURED IMAGES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 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, successor in interest to Pennsylvania National Bank and Trust Company, ("M&T Bank"), a New York banking corporation, with an office located at 213 Market Street, Troup Building - 4 s Floor, Harrisburg, Pennsylvania 17101-2141. 2. The Defendant is Sculptured Images, Inc., a Pennsylvania corporation, with a last known business office at 204 South Front Street, Wormleysburg, Pennsylvania 17043. 3. Attached hereto as Exhibit "A" is a true and correct copy of the Promissory Note (the "Note") duly executed by Defendant. 4. The Note has not been assigned. 5. Judgment has not been entered on the Note in any jurisdiction. 6. Default was made by the Defendant in failing to make monthly payments due and owing on the Note and in its failure to meet demand for payment in full issued June 24, 2005, 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 Note, Defendant is liable to Plaintiff as follows: Principal Sum Due - Interest to 6/21/05 - $ 20,000.00 Attorney's Commission (10% of unpaid 589.74 principal and accrued interest - Total - _ 2,058.97 $ 22,648.71 Together with interest which continues to accrue after June 21, 2005, at the contract rate ($3.7530 per diem), costs of suit and a reasonable attorney's fee. 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 Defendant required by 42 Pa.C.S.A. §2737.1. WHEREFORE, Plaintiff demands judgment in the sum of.. Principal Sum Due Interest to 6/21/05 - $ 20,000.00 Attorney's Commission (10% of unpaid 589.74 principal and accrued interest - Total - _ 2,058.9 7 $ 22,648.71 - 2 - Together with interest which continues to accrue after June 21, 2005, at the contract rate ($3.7530 per diem), costs of suit and a reasonable attorney's fee. HENRY R L P By: MARC A. ESS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 3 - To: Sculptured Images, Inc. 204 South Front Street Wormleysburg, PA 17043 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. MARC A. HESS Attorney for Manufactures and Traders Trust Company AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN ss. Kenneth L. Milliken, 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 behalf of Manufactures and Traders Trust Company and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and that the copy of the Promissory Note, Exhibit "A" attached to the Complaint, is a true 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. MANUFACTURES AND TRADERS TRUST COMPANY Sw r and subs ribed to before me this day u , 2005. Notazy Pu ' COMMONWEALTH OF PENNSYLVANIA NaaAal Sed e?YOiLeya.L ? nCaun L' Cason E>Wirea Oct.11,2008 Member, Pennsylvania Association a Notaries By:-?L_ 4? llennem L. Milliken Vice President -- ,, me snaaea area are for Lender's use only and do not limit the a hcabiti ?4 !.i. T$58ti8 _ PP of this tlocument to any articular loan or Item. Borrower: Sculptured Images, Inc. 204 South Front Street Lender: PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY Wormleysburg, PA 17043-1335 CAMP HILL COMMUNITY OFFICE 4231 TRINDLE ROAD CAMP HILL, PA 17011 Principal Amount: $20,000.00 PROMISE TO PAY. Sculptured Images, Inc. ("Borrower") Initial Rate: 9.250% Date of Note: April 20, 1998 ("Lender"), or order, In lawful money of the United States of Ameri as on demand, the principal N mount of Twenty Thousand & 00/100 Dollars ($20,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan Immediately upon Lender's demand. In addition, Borrower will pay regular month) accrued unpaid interest due as of each payment date, beginning May 20,1996, with all subsequent interest payments to be due on the same day of each month after that. The annual interest rate for this Note is computed on a 3651360 basis; that is, b applying the ratio of he anrnualt interest irate over a year of 360 days, multiplied by the Outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to Principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes. in an index which is Lender's Prime Rate (the "Index"). This is the rate. Lender charges, or would charge, on 90-day unsecured This rate may or may not be the lowest rate available from Lender at any it Borrowr the current loans to te most creditworthy corporate customers. upon request. Borrower understands that Lender may make loans based onother^ratime. tes as well. h Thetinlterest ate change wlllnot occur more often than each DAY. The Index currently is a.500% per annum. The Interest rate to be applied to the unpaid Principal balance of this Note will Borrower's rate of 0.750 percentage points over the Index, resulting in an Initial rate of 9.250% per annum. NOTICE: Under no. circumstances will the interest be at a rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Earl principal balance due. Y Payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the LATE CHARGE. It a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 5.000% of the regularly Payment. If Lender demands payment of this loan, and Borrower does not pay the loan within 15 days after be charged 5.000% of the sum Of the unpaid principal Plus accrued unpaid Interest. scheduled Lender's demand, Borrower also will ULT. promise Boo err haswmill be ade Ito Lenderit or Borro erfollowing to comply withaorBorrower to perform falls when due any other term, obligation, covenant, or condition ontained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower hpayment when as with L nderu(c) (Bor ower defeultsk under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower becomes insolvent, a receiver is appointed for an property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvenc laws. Y Pert of Borrower's y () Any creditor tries to take any of Borrower's property on or In which Lender has a lien or security interest. This Includes a garnishment of any of Borrower's accounts with Lender. (g) Any guarantor dies or any of the other events described in this default section occua with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (1) Lender in good faith deems itself insecure. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes from reasonable and necessary steps sufficient to produce compliance as soon as reasonably (b) if the cure requires more than fifteen (t5) days, LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest Immediately due, and then Borrower will pay that amount. Lender may hire or pay someone else to help collect this Note it Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgment collection service. If not prohibited by applicable law, Borrower also will connection with this Note, interest will continue to accrupay any court costs, in e on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. l judgment a^lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of CUMBERLAND County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual possessory security interest in, and hereby assigns, conveys, delivers, pledges, and account), transfers r all Borrower's right title and interest in and to ccoun ), including without limitation all accounts held jointly with someone else and all accounts Borrower may open m the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested orally by Borrower or by an authorized person. All oral requests shall be confirmetl in wrung on the tlay of the request. All communicafions, instructions, or directions by telephone or ofh d'teun018LendereleoivesirhamdguROwetrat endehs address shownoelbovegwritten notce of authorized evoca on of reigruetadvances undert MUnine to only of BorroweWS acc ants wbh Lender. r Theuunpaid prln lial balance ow ng orn th seNote el annsamei person a ma be evidenced by endorsements o (b) credited dited this H '1 04-20-1998 PROMISSORY NOTE Loan No 502-30018 Page 2 (Continued) Note by Lender's internal records Including dally computer print-outs Lender will have no obligation to advance funds under this Note if: (a) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or an agreement made in connection with the signing of this Note; (b) Borrower or an seeks, claims or otherwise attempts to Y guarantor has with Lender, Including any Ps o limit, modify or revoke such guarantor's guarantee guarantor this Noe oats any other loan with L lvenr; (c) any Borrower has guarantor applied funds provided Pursuant to this Note for purposes other than those authorized by Lender; or (e) Lender in good faith deems itself insecure under this Note or any other agreement between Lender and Borrower, 9 (d) GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights. of Lender shall not preclude Lender's them. rrower right to declare payment of this Nate on its demand. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing and person who s uarantees endorses waive payment,op o est and notice otherd shonor. Upoigns, this ent owed b an ychange in the terms of this NoteNote, to signs this Note, whether as maker, Presentment, demand for andhunless othelrwise expressly stated in writing, no may renew or extend het er as ak and araany length accommodatimeti) this maker or endorse an hall be released from liabili party who perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the ll cosuch nsentofeor notice tto anyone. All such parties also agree that Lender may modify this loan without the consent of or notice toranyonetother than ttheparty with. whom the modification Note. is made. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) 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 NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION. OF JUDGMENT, EXCEPT ANY NOTICE ANWOR 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 BORROWER'S ATTENTION OR BORROWER 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 BORROWER'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (Pq LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEW OR OT HALL HERWISE PROCEED AGAINST ANY SUCH. PROPERTVAAND THAT OHE O DER THEREOF SHALL BE ERMHTTED TO EXECUTE, LEW OR PEED AGAINST SUCH RESIDENTIAL REAL [ON PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECOC 407 AI SUTO SUCH REAL ROC i AND CH LOAN SII PROTECTION LAW AND. RULES 2961 TO 2986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEW OR OTHER ENFORCEMENT CONTAINED C THE IMMEDIATELY PRECEDING ENTER JUDGMENT. SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE COPY OF E. COPY OF THE RATE N PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES. RECEIPT OF A COMPLETED THIS NOTE H S BEEN SIGNED AND SEALED BY THE UNDERSIGNED. SCUlptured 0149es, Inc. (C)19990FIProee111oe9, AIlrightere..rvetl. RULES OF CIVIL PROCEDURE - CONFESSION OF JUDGMENT Rule 2959. Striking Off or Opening Judgment; Pleadings; Procedure (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the 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 of a further request for a stay of execution 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), the 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 plaintiff shall 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 rot 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 off the 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. I, 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 procedrre. The scope of the repealed Act is enlarged by granting optional venue in the case of a 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 Mould 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 2959(n. An order of court opening ajudgment 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 ajudgment annuls the lien of the judgment or of any execution issued on it. 7 Stand.Pa.Prac. 244 §§ 223, 224. However, the mere fling of a petition to open or strike a judgment does not affect the lien 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 rules 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 of a 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 ofjudgment for money have been revised in two major respects: the abolition of confession of judgment in a consumer credit transaction and the imposition of a requirement of notice prior to or with execution upon a confessed judgment. II. Notice The provisions for notice are intended to aid the bench and bar in complying withdordan v. Fox, Rothschild, O'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 11, 1994): The Jordan opinion is significant only because the judgment creditor and its attorneys are now also subject to a § 1983 claim by a judgment debtor who did not waive its constitutional rights to notice and a hearing. New rules have been promulgated to provide for notice to be servedupon 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 dirty 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 rules 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 of a 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 - ` w 1 'Y1 iT CrA i O MANUFACTURES AND TRADERS TRUST COMPANY, Plaintiff vs. SCULPTURED IMAGES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 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: 2005 l} Attorney for Plaintiff N Q ; r. r m m ??= fv Jr" O .+7 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Sculptured Images, Inc. 204 South Front Street Wormleysburg, PA 17043 MANUFACTURES AND TRADERS IN THE COURT OF COMMON PLEAS TRUST COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW vs. : No. SCULPTURED IMAGES, INC., Defendant NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on 2005, in the amount of: Principal Sum Due - $ 20,000.00 Interest to 6/21/05 - 589.74 Attorney's Commission (10% of unpaid principal and accrued interest - 2,058.97 Total - $ 22,648.71 Together with interest which continues to accrue after June 21, 2005, at the contract rate ($3.7530 per diem), costs of suit and a reasonable attorney's fee. Copies of all documents filed are attached hereto. Prothono y c i r iii C v C_ N Bm .v _< HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURES AND TRADERS TRUST COMPANY, Plaintiff vs. SCULPTURED IMAGES, INC., Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 05-3413 PRAECIPE - SETTLE & DISCONTINUE X - SATISFY the confessed judgment entered to the above term and action number. DATE: 2007 HE By: Attorney for Plaintiff C ev CS N G7