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HomeMy WebLinkAbout06-6796 , . KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0l..-t.t9C du~LT~ v. VIRGINIO RODRIGUEZ CONFESSION OF JUDGMENT Defendant CONFESSION OF JUDGMENT By virtue of the authority conferred by the Note, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess jUdgment in favor of the Plaintiff and against the Defendant for the sum of $59,501.24 and costs of suit. q~ Eugene E. Pepinsky, Jr. Attorney for Defendant by virtue of the authorization contained in the Note KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. Ol. -!,1CJ/P C.;uOlL I~ VIRGINIO RODRIGUEZ CONFESSION OF JUDGMENT Defendant NOTICE OF DEFENDANT' RIGHTS A judgment in the amount of $59,501.24 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 KEEFER WOOD ALLEN & RAHAL, LLP By: ~ePinsky, Jr. Attorney J.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Manufacturers and Traders Trust Company KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C>l... -t... 'Y9!- e~; L '-r~ CONFESSION OF JUDGMENT v. VIRGINia RODRIGUEZ Defendant COMPLAINT 1. Plaintiff Manufacturers and Traders Trust Company is a New York banking corporation, with an office at 213 Market Street, Harrisburg, Pennsylvania 17105. 2. Defendant Virginio Rodriguez is an adult individual, whose address is 148 Salem Church Road, Mechanicsburg, Pennsylvania 17050. 3. On or about November 21, 2004, Defendant Virginio Rodriguez, for good and valuable consideration, executed and delivered a Term Note (the "Note"). A true and correct copy of said Note is attached hereto, made a part hereof and marked Exhibit "A". 4. The Note referred to in Paragraph 3 above has not been assigned by Plaintiff to any person or organization. jurisdiction. 5. Judgment has not been entered on the Note referred to in Paragraph 3 above in any 6. The Note provides that Plaintiff may appear for Defendant after a default and confess jUdgment against Defendant for the full principal balance and interest, together with court costs and with ten percent (10%) for attorneys' fees. 7. The Defendant's obligations are in default, among other things, by reason of his failure to make the payment(s) due to Plaintiff. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 $52,479.92 is principal and $1,138.24 is interest and $521.27 is late charges. 8. The amount due on the Note as of November 21, 2006, is $54,139.43, of which 9. Plaintiff has been advised and, therefore, avers that Defendant executed the Note referred to in Paragraph 3 above for business purposes. $10,000.00. 10. Plaintiff believes and, therefore, avers that Defendant's annual income exceeds to a consumer credit transaction. 11. This confession of jUdgment is not being filed against a natural person(s) in regards WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $59,501.24, together with interest as may hereafter accrue and costs of suit. Date: November 21, 2006 KEEFER WOOD ALLEN & RAHAL, LLP By: ~ Eugene E. Pepin sky, Jr. Attorney J.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff . ....... ... KeeFER WOOD ALLeN & RAHAL, I.LP 210 WALNUT STREET PO BO)( , '965 HARRISBURG, PA 17101-15113 . .-. . ........-- . -.0 VERIFICATION The undersigned Walter Leader, hereby verifies end states that: 1. He ra Business Officer of Manuflcturers and Tf1Iders Truat Company. Plaintitf hereIn; 2. He 18 authorized to make thle Verification on ita behalf; 3. The facts eet forth in the foregoing Complllnt Ira true and correct to the best of hI. knowledge, information and bellet. and 4. He Is aware that false &tatementa herein are made BUbJect to tha panalti.. of 18 Pa, C.S. S 4904, rela1ing to un.worn fi1lsificat/on to authoritiee. I'~.~ Walter Le er Dated: November 21, 2008 114C!.~'P' .~6. 2006 9: 05AM !1M~~, -. - -'-. - NO, 710-- P. 2/6-- November ~ 2004 q<H Ol{./> /tJ7lr11 OllGRt 9940161039 DOC Tyj)E :,RrYl lTE OBlGT.: 0000000109 mia COMMENT $: 75,000.00 DATE; 11/02/04 .... ; -,..,"v.OO BORROWER: VIRGINIO RODR.IGUEZ, an individual Address of residence: 135 North Cameron street, Harrisburg, Pennsylvania 17101 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 J Promise to Pay. For value received, and intending to be legally bound, BOlTower promises to pay to the order of the Bank. on the dates set forth below. the principal sum of SEVENTY-FIVE THOUSAND DOLLARS AND NO CEN'rS ($75,000.00) (the .Principal") plus interest as agreed below and all fees and costs (including Without limitation attorneys' fees and disbursements whether for internal or outside counsel) the Bank incurs in order to collect any amount due Under this Note. to negotiate or document a workout or restructuring, or to preserve Its rights or reaUze Upon any guaranty or other security for the payment of this Note ("Expenses.). Interest The unpaid Principal of this Note shall eam interest calculated on the basis of a 360-clay year for the actual number of da)'$ of each year (365 or 366) from and including the date the proceeds of this Note were disbursed to, but not including, the date all amounts hereunder are paid in full, at a rate per year which shall on each day be 7%. If no rate is specified. interest shall accrue at the Maximum Legal Rate (defined below). Maximum Legal Rate. It is the intent of the Bank and Borrower that in no event shall interest be payable at a rate in excess of the maximum rate permitted by applicable law (the MMaximum Legal Rate"). Solely to the extent necessary to prevent interest under this Note from exceeding the Maximum Legal Rate, any amount that would be treated as excessive under a final judicial interpretation of applicable law shall be deemed to have been a mistake and automatically canceled, and, if received by the Bank, shall be refunded to Borrower. Default Rate. If an Event of Default (defined belOW) occurs, the intere$t rate on the unpaid Principal shall immediately be automatically increased to 5 percentage points per year above the otherwise applicable rate per year, and any judgment entered hereon or otheTWise in connection with any suit to collect amounts due hereunder shall bear interest at such default rate. Repayment of Principal and Interest; late Charge. Payments shall be made in immediately available United States funds at any banking office of the Bank. Interest will continue to accrue until payment is actually received. If payment is not received within five days of its due date, Borrower shall pay a late charge equal to the greatest of (a) $50.00, (b) 5% 6fthe delinquent amount or (c) the Bank's then current late charge as announced from time to time. Payments may be applied in any order in the sole discretion of the Bank but, prior to default, shall be applied first to past due interest, Expenses, late charges and principal, then to current interest, Expenses, late charges and principal, and last to remaining principal. The Maturity Date of this Note is November 2-. . 2009. B<>m>wersha" pay Principal and inte'estin sixty (60) consecutive level monthly Installments COnsisting ofl>oth Principal and InleMSt, emortized over a period of five (5) years, commencing on December 2. ,2004 and on the 'J. ~ day of each month thereafter consisting' of fifty-nine (59) equal installments of Principal and interest each in the amount of $1.488.44' and ONE (1) FINAL INST AUMENT on the Maturity Date in an amount equal to the outstanding Principal together with all other amounts outstanding hereunder including, without limitation, accrued interest, costs and expenses. PLEASE NOTE THA TTHE FINAL INSTALLMENT OF PRINCIPAL SHALL BE HIGHER THAN EXPECTED IF (1) A PAYMENT IS RECEIVED AFTER THE DUE DATE OR (2) THE INTEREST RATE UNDER THE NOTE IS A VARIABLE RATE AND THERE IS AN INCREASE IN THE INTEREST RATE DURING THE TERM OF mE NOTE. IN THOSE SITUATIONS, MORE INTEREST WILL BE DUE THAN PLANNED AND LESS OF TI-lE INSTAlLMENT WILL BE APPLIED iO PRINCIPAl. Prepayment Premium. During the term of this Note, Borrower shall have the option of paying the Principal to the Bank in advance of the Maturity Date, in whole or in part, at any time and from time to time upon written notice received by the Bank at least three (3) business days prior to making such payment; provided, however, thattogetherWith such prepayment, Borrower shall pay to the Bank a premium eQual to the product of (a) one percent of the Principal prepaid multiplied by (b) the number of years remaining before the Maturity Date, rounded up to the next whole year. For example, if the Maturity is five years from the date of the Note, the premium shall equal 5% of the Principal prepaid before the first anniversary of this Note, 4% of the Principal prepaid before the second anniversary of this Note, etc. Upon making any prepayment of the Principal in whole, Borrower shall pay to the Bank all interest and Expenses owing pursuant to this Note and remaining unpaid. Each partial prepayment of the Principal shall be applied in inverse order of maturity, This prepayment premium shall not apply if the Principal amount of this Note is $50,000 or less and is secured by a mortgage on Pennsylvania real property containing two or Jess residential units or on which two or fewer residential units are to be built (including obligations on a residential condominium unit). In the event the Maturity Date of this Note is accelerated following an Event of Default by Borrower, any tender of payment of the amount necessary to satisfy the entire indebtedness made after su ch Event of Default shall be expressly deemed a voluntary prepayment In sueh case, to the extent permitted by law, the Bank shall be entitled to the amount necessary to satisfy the entire indebtedness, plus the appropriate prepayment premium calculated in accordance with the preceding paragraph. Representations, Warranties and Covenants. Borrower represents, warrants and acknowledges to and agrees and covenants with the Bank that now and until this Note is paid in full: a. Business Purpose. The Loan proceeds shall be used only for a business purpose and not for any person3I, family or household purpose, unless the. following box is checked: 0 Personal Loan. b. Good Standing Authority. Borrower is an entny or sole proprietor (i) duly organized and existing and in good standing under the laws of the jurisdiction in which it was formed, (ii) duly qualified, in good standing and authorized to do business in every juriSdiction in which failure to ClB-l02.PA (11/01) RK .SEf, 26. 2006 9: C SAM a:. b . ("') h th d uth NO. 710 P. 3/6 ts cl . b. s6 q"..,,~ """'" "ov" " "'o~"al adverse r 'ct on its uSlness or assels and" as e POI" 'n a omy to own eaen or I1S asse an to use them as contemplated now or in the fu c. legality, The execution, issuance. delivery ~e .B<mk and performance by Borrower of this Note (i) are in furtherance of Borrower's pu>poses and _in ils power and authorl",; fd) do not (A) violate any sfatute, regula60n or other law or any jUdgment, order or award of any court, agenoy or other governmental authority or of any albltrator or (B) Violate Bon-owe~s c:ertHic:a1e of incorpore~on or other gOverning ins1nJmen~ consDtute a defau~ under any agreement binding On Borrower, or resu" in a lien or enOllmbnlnce on any assets of Borrower, and (iii) have been duly authorized by an necessary corporate or partnership action. d. Compliance. The Borrower conducts its business and operations and the ownersbip of its assels in compiianc:e with eaob applicable statute. regulation and other law. including without limitation .nvlronmenlal'a"",. All approvals, including withoullimitation authorizations, penn its, consents, mmChises, licenses, r"Qistrations, filings, dedara60ns, reports and notices (th. "ApProvals") nec:essary to 1he conduct of Borrowers business and for Borrowe~s due Issuance of this Note bave been duly obtained and are in full foroe and effect Th. Sorrower is in compliance with all conditions of each Approval. e. Financial and Dtherlnformation, For eaob year unb' tbis Note is paid in full, Borrow... 'ball provide to the Bank in fonn and number of copies and by aceounlanta safisfactory to the Bank, within 90 days after the end of each fisc:al year of the BO"","",r, s-ments of income and cash 'owo and the 'nanclal position and balanc:e sbeet of the Borrower as of the fiscal year end, each in reasonable detail and certified by an offic:er or member of Borrower to bave been preparad in aOCOrdanc:e with ganeraDy accePle<l aocounting prlncipies to presant tair1y the resulis of Borrowers operations and casb fiOWS and its financial POSition In conformity with such prineiples, and to be correct, complete and in aoeonlanc:e with Borrowa~s records, Promptly upon lbe raquest of the Bank from time to fime, Borrower shall supply all addmonal Inlonnafion requested and pennlllbe Bank's om_, employees, aCCOUntants, attomeys and Other agents to (A) visit and inspeet each of Borrowers premises, (B) examine, aUdit, copy and e""'et from Bon-owe~s racords and (C) discuss Borrower's or its amllates' business, operations, assets, affairs or condition (financial or other) with its responsible officers and independent accountants. f, Accounting; Tax Returns and Payment of Claims. B_ will mainlaln a System of aoeounfing and resOlVes in aeeordanc:e With generaDy accePle<l aoeoun~ng pMneipJes, has mad and WiD fiie eaCh lax retum required of It and, except as DISclosed in an allached SChedule, bas paid and ""1 pay whan due aaob tax. assess"",", fee, charge, fine and penalty imposad by any taxing authority upon Borrower or any of its assets, inoorne orfranchlses, as well as all amounls owed to mecbanics, materialmen, landlords, supplle.. and the like in 1he O<<finary COu..e of business. g. Utie to Assels; Insurance. Borrower bas good and marketable fifie to each of Its assets fiee of security interests and mortgages and o1her ijens exc:ept as disclOSed in Its financial s_ments or on a schedule atlached to this Note or pursuant to the Bank', pMor WIitlen consent Borrower will mainlain its property in gOOd repalr and will maintain and on request proVide1he Bank with evidence of insuranc:e coverage salisfacto..,.to the Bank including withoulllmitation fire and hazard, liabUiIy, WOrke~s COmpensation and business in\enupt!on insuranc:e and flood hazard insurance as required. h. Judgments and Litigation, There is no pending or threatened claim, audit, Invest;gafion, action or other l"Qal PfOceedlng or judgment, order or award of any court. agency or other govemmental authority Or arblirator (each an "Ac1ion") which "'voives Borrower or its ass.,. and m;gMt have a material advarse effaet upon Borrower or threaten the validJty of 1his Note or any related dOOllment Or lransaction, Borrower Wiij immediately notify the Bank in writing upon acquiring krlowfedge of any such Action. i. Nofice of Change of Address and of DefaulL Borrower will immediately notify the Bank In writing Q) of any changa in its address or of the locafion of any collateral seaurlng this Note, QI) of the occurrence of any e_ of Default defined below, (iii) of any material change in Borrower's ownership or management and (iv) of any material adverse change in Borrowers abUDy to repay lbis Note, j. No TranSfet of A,sets. Until Ibis Note i, paid in fuD, Borrowarshan not withoullbe prior written consent of 1he Bank Q) sell or olberwisa dispose of substanfially all of Its assets, QI) aequo. subslanfiaJly all of the assets of another entity, Q') Wit is a corporation, PartiCipate In any merger, consolidation or other absorption or (iv) agree to do any of these things. Events of Default; AcceleratIon, The following const;tute an event of detaU" ("E\'SIIt of Default"), (i) failure by Borrower to make any payment when due (whether at the Slated matur1ly, by acceleration or otherwise) of the amounts due under this Note, or any part thereof, or 1here OCCUrs any event or condition which a1!tlr nofic:e, lapse of tirna or both ""II pennil SUM a__on; (II) Borrower detaulis in the Perfom1anc:e of any covenant or other provision with respect to this Note or any other agreement between Borrower a"" the Baak or any of its allillates or subsidiaries ( coDaotively, "Affiliates'); (Oi) Borrower falls 10 pay when due (whether at the slated maturity, by accelerafion or otherwise) any indabtedn... for monay Owing to 1he Bank (other than under this Note), any thu<! party or any Affiliate, the OCCUrrenc:e of any event which COUld resu~ in llCCeIeration of Payment of any such Indabtedness or the tailure to perform any agreement with any 1hird party; (iv) the re<>yan_on, merger, consorodafion or dissolution of Borrower (orlbe making of any agreement therefor); the sala, assignment, lranster ordellve.y ofall orsubstantially all of the assets of Borrower to a 1hird party; or 1he c:essafion by Borrower as a going business concem; (v) tha death or judicial declaration of incompele,ncy of BDrrower, Wan indMdual; (vi) faUura to pay, Withbold or coileel any tax as reqUlr"" by law; the service or filing against Borrower or any Of its assets of any 'en (otharthan alien pennitted in -ng by lbe Bank), jUdgment, garniShment, order or award, Otharthan a judgment, order or awan;! for which Borrowe"s fully insured, W ten (10) days thereaftersuCh jUdgmenL order or award is not satisfiad, vacaled, bonded or stayed pending appeal; (vii) W Borrower becomes insolvent (however such insolvency is evldenead) or is genarally not paying its debts as such debts become due; (VDi) the making of any general assignment by Borrower for lbe benelit nf oreditors; the appointment of a receiver or similar ttustee for Borrower or its essels; Or the making of any, Or sending no!rc:e of any intended, bulk sale; (Ix) Borrower commences, or ha. commenCed against it, any proceeding or request lor relief under any banknJptcy, insolvency or similar iaws now or bereafter In efleet In the Unn"" States of America or any state or terrttory thereof or any foreign jurisdiction or any fonnal or infonnal pre>c:eadlng for the diSSOlution or liquidation of, ..iIlement Of olaims against or winding up of affairs of Bo"","",o (x) any representation or warran", made in this Note, any reiatad document, any agreement between Borrower and the Bank or any Affiliate or in any financial 'lelement of Borrow.r proves to bave been misleading in any material respect when made: Borrower omits to stata a material fact nacessa..,. to "'ake the statements made In this Note, any related dDcumen. any agreement between BDrrowar and the Bank or any A.male or any financial state"'ent Of Borrowar not mislead"g in light of the circumstances in which they were made; or, if upon the dale of execution of this Note, Ibere shall have baan any materially adverse change in any oflbe facts disclosed in any finanoial statament, representation or warranty that was not disclo.ed in WTiting to the Bani< at or prior to the fun. of execution hereof; (~) any pension plan of Borrower fails to comply with applicable law or has vesled unfunded 'abintie. tha. in 1he opinion of the Bank, might bave a materiai adverse elfeot on Borrowe~s ability to repay its debts; (>01) 1he oecurrenc:e of any event deSorlbed in sub-paragraph (i) througb and inclUding (~) hareof IMlh respect to any endorser, guarantor or any other party liable for, or whose a.sets or a.s..102-PA ("1Il1) RK 2 . ts.E-P, 26. 2006, 9: 05AM t f f"" tsd d th- N t COG ) no . .ny m c. --,. ... .-....C"., po,,, len 0 .ny 0 q .moun ue un er IS 0 e u....nto~ ; (lO .,. 0","", any ch.nge in the m._n! pr ownernhlp of BorroWEr or any Guarantorwf s, in the oPinion ofth. Bank, matenafly edvers. _.to interest and whIch remains unCOrrected for thirty days aflerthe Bank notifies BO""wer or its op;nion; (xiv) Bonowerfails to supply new or adcfl1ional collateral within ten days of request by the Bank: Or (xv) the Bank In good faith deem5"lfseI! insecure with respect to payment or P<<fonnanee of urd.r this Note. All amounts hemundershall become immedi.tely due .rd payable upon the o",,"rrence of (Ix) .bove, or .tll1e S.nk's OPtion. upon the OCCl.<Tenee of .ny other Event of Default. NO. 710 P. 4/6 I<;ghl of Setoff. The B.nk sh.1I h.ve the nght to s.t off .gainst the amounts Owing Under this Note .ny property held in a deposit or other account w;th the Bank Ocony Mmate or Otherwls. Owing by th. Bank or any Affiliate in any capacity 10 Sorrower or any Guarantor or .ndorser of this Note. Such sel-off Shall be deemed to have beon exe.-cised immedlalely .t Ih. time th. Bank or sue!t Affiliate Oloot to do so. Mlsc.naneous. This Note. log ethe r with any releted loan .nd secunly agreements and guaranti.., contelns the entire agreem.nt between the B.nk and BO""""r IMth resPeel 10 the Not.. and supersedes eve,\, course of dealing. other conduct, oral agreement and repres.ntation pre.;oUsly mado by the Bank. All ngh.. .nd remedies or the Bank under applicab'.,aw and this Note or amendment of any Provision of this Note are cumulative and not exclusive. No sIngle, Partial Of delayed exercJse by the Bank of any righl or femedy shall preclude ll1. subsequ.nt exertise by the B.nk at any time of .ny right or remedy of ll1. Bank without notice. No waiver or emendm.nt of .ny pro.;sion of ll1is Note shall be effective unless made specffically in writing by ll1e Bank. No COurse of dealing or other conduct, no oral agreement or representation made by the Sank, and no usage of trade. shall operate.s e woiver of any right or remedy of the Bank. No waiver Of any right or remedy of the Bank Shall be effective unless made specffically in writing by ll1e Bank. BO~Ower agrees that In any legal proceeding, a copy Of this Not. k.pt in the Bank's Course of business may be admitted Into e.;dence as.n original. Th;o Note is. binding Obligation enforoeable ag.inst Borrower and its successors end .ssigns .nd shall inure 10 ll1e benefit oflhe Bank and its successors and assigns. h court dee",. any oro""'ion oflhis Note invalid, the "'m.inder of the Note shall rem.in in effect Section headings .re for convenIence only. Singular nu mber inclUdes plural and neuter gender inCludes masculine and feminine as appropriate. Notices. Any demand or notice hereUnder or und.r .ny applicablo law Pertaining hereto shall be in writing .nd duly given W delivered to Bol7Ower (at its address on the B.nk's records) or to the Bank (at the address on pege one.nd ..p._1y to the e.nk Officer responsible for B_s relationship Wilh the Bank). Such notice or demand shall be deemed Sufficiently 9iven for all purposes when delivered (i) by personal delive!y and shali be deemed effective when delivered, or (Ii) by mail or COuner and shall be deemed effec1lve Ihree (3) business days after depOSit in an offici.' deposito,\, maintained by the U,.ted States Post Office for ll1. collection of man or one (1) business day alter d.live,\, 10 · nationally recognized overnight courier SeMce (e.g" Fed.ral Express). Notice by e..m.U is no. valid notice Ultd.rthis or any other .greement between eorrower and the Bank. , Jointand Several. Ifll1.re is mOfe th.n one BOl7Ower. each ofll1.m shall b. jo;ntly and s.verally liable for aU amoun" and obligations whie!t become due under this Note and the term -Borrower" shall include each as well as all of them. Governing Law; JUriSdiction. This Note has been derlVered to .nd accepted by ll1e B.nk and will be deemed to be mad. in the Commonwealth of Permsylvania. Unless Provided olhe""se under federal law. ll1is Not. will be interpreted in .CCOrdance With ll1. laws of the COmmonwealth of Pen nsylvani. excluding its conflict of laws rules. Bo"OWERHEBEaY IRRl!\rOCABC Y CONS",," TO THE EXct.usrve J!lRISOICTION OF...y STATE OR ""'EOAl. COURT IN TltE CO..ONWEAI. TIt OF PENNSYLVANIA 'N A COONTY OR JUD'CIAL OISfRJCT W1i... TItE....K MAINTAINS A .....CH AND CONBE"", TltAT T1tE B"'K MAV ""FECT ANY SERvICE OF PRoceSS IN Tlte ....NER ...0 AT Bo"_R'S AllORESS SET FORTIt "OVE FOR PROVIDING NonCE OR DEMAND; PROVIDED TltATNOTltING COMTAlMeo INTltIS NOTEWltC P-ENTTltEB_ FRON .RINGlNG -ACTION, EN_ClNe",V AWARD OR JUDGMENT OR "-ClSING ANY RlGltTs AGAINST BORROWER INOIVlOu"'-L v, AGAINST ANY SECURIlY OR AGAINST "'Y PROP,,"TY OF BORROWER WfTM1N ANV OT1tl!R COUNTY, STATE OR OTlt". FOREIGN OR OO.ESTIC JUR'SDICTlON. BO""wer aCknowledges and agrees that the venue Pro~ded above is ll1e most COnvenient forum for both ll1. Bank and Borrower. Borrowarwaives any obj.ction to venue and any obieclion based on a more conveni.n. forum in any action instituted under this Note. Waiver of Jury Trial. BoRROWER AND TltE B"'K H6lEllv KNOWING!. Y. VOClINT_ v, AND ~C v WAllie ANY RIGHT ro ...... BY JURY BO_ AND THE BANK MAV HAVE IN ANY ACTION OR PROCEEDING, IN '-AW OR IN EQutTY, IN CONNEcnoN WITH TltIS NOTE OR THE TRANSACTIONS RELATED H,,"eTO. BoRROWER REPRESENTS AND WARRANTS TlfAT NO REPNESENTATIVE OR AGEm OF THE BANK HAS REPRESENTEO, EXPRESSc Y OR OTlt_SE, THAnHE B...KWIU. NOT,'N TltE EVE.,. OF lJ1TGAnON, _TO ENFORCE T1tlS JURY TRIAL WAIVER. Bo,,"OWER AClCNOWlEDeES TlfATTHE BANK HAS BEEN INDUCED TO EN~ INTO THIS NOTE BY, AMONG OTHER THINGS, THE PROVISIONS OF THIS seCTJOtll. Power to Corltes. Judgrnen!. BoRROWER HEREey ENPOWE" _ ATTORNEY OF ANY COURT OF RECORD, AFTeR T1tE OCCURREN"" OF ANY EVENT OP DSPAUC T HEREuNDER, TO APPEAR FOR BoRROWER "'0, WITH 0. WiTltOllT COMPLAINT FIlED, CONFess JUO_T, OR A ...... OF JUCGMENTS, AGAINS. BoRROWS< IN 'AVOR OF THE BANK OR ANY HOLDER HEREOF FOR THE ENTtOE PRlNCIPAlIlAlANCE OF _ NOl'E, AlCACCRUED 'NTEREsT "'0 ALL OTltER AMOUMTs CUE HEREUHUER, TOCEntER WITH COSTS OF SUrr AND AN mORNEY's COM MIS.."" OF TltE GREATER OF TEN PERCENT (10%) OF SUCH PR'NClPAl AND INTEREST OR $1.000 ADDEo AS A REASONAal.E ATTORNEY's FEE, AND FO. DOING SO Tltrs NoTE OR A COPY VERlFlEo aY APFlOAVIT SHALL aE A SUFF'C......W_. BORROWER HEREaV FOREVER WAIVeS AND RECEASES ALC ERRORS IN SAlO PROCEEDINeS..., ACC RIGHTS OF APPEAl. AAD ALC RELIEF 'RO" ANY ANO "'-LAPPRAlS.M'NT, STAY ON EXEMPTiON Uws Of' ANY STATE NOw 'N FORCE OR""""""R ENACiEo. INTEREST O. AAV SUCH JUOGMENT SHAlL ACCRUE AT TltE DEF AUC T RATE. No SlNel.E EllEIlClSE OF TIt. FOREGOINe POWER TO CONFESs JUCGMEMT, OR ASERlES OF JUOGMENTS, SHALL eE OEEMEO TO EXHAuSTTlfE POWER, WHETltEROR NOT ANY SUCH "-CISE SHAlL eE HELD BY ANY COURTTO.E INVAUO, VOrOAllCE, OR VOID, aUTTH, POW'R SHAU. COtmNU' UNOIM'NISHED ANO rr MAVeE EXERCISEO FRO. n., ro nME AS OFTEH AS THE BAA. SHALL E'-"CT UNTlL SUCH TIME AS THe BANK SHALL HAve RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST ANI;) COSTS. Amended and Restated No'e. The Borrower .cknowledges. ag.... and understands that this Note is given in raplac.ment of and in substitution fOf. bul not in payment of, a note dated on or.bout July 30. 2001 in the origin.1 pnnoipa' amount of $15,000.00 issUed by VIRGINlO RODRIGUEZ to the Bank (or ils Predecessor in Interest) and a nole dated on or about J.nuary 30, 20.4 In the ongln., Principel .mount of $25,000.00 issued by VIRGINIO RODRIGUEZ to the Bank (or lis Predecessor In int.rest). .s 1M ..... m.y have been amended or modffled from time to lime ("Plior Note"). and further. ll1at (.) ll1e obllgaUons of the Borrower as e~denced by the Pnor Note shall continu. in full force end effect, as amended and restated by this Note, ." of Such obrrgations beina hereby ratified .nd continned by the Borrowa~ (b) any and all liens, pledges, assignments .nd secuIiIy int.rests secunng the BOl7Owets Obligations underll1. Prior Note shall continue in fuU!orce and effect. .re hereb~ ratified and confioned by the Borrower. .nd are hereby acJ<nOWledged by ll1. Borrower to secure, .mong oth.r things, all of the Borrowe's obl;,otions to the Benk under ll11s Nole. With the same priority. operation and effect as that relating to the ObligaUons under the Prior Note; and (c) nothing herein oonJained ahall be construed to e>dinguish. release, or dise!t.'lIe. or constltute, create, or.ffect a no\'OUon of, or CLB-102-PA (11101\ RK M NO. 710 P. 5/6 . ...)tP. 26.2006 9:06A "ti f'" B 'th ctt th 'd bted 'II d 'bed'th p' N fth - an "9fC-._... - _....""~". ",< "" 'ga ens 0 · OrTtlWer WI respe 0 e In e ness OrY . Y escn ,n a nor Ole or any 0 e . liens. pJlldges, assignments and sacurily in4 . ""CUring such obligations. _ PreaU!horized Trenstem from D__~ AccoUjlt,lfa der;osit aCCOunt number Is Provided ill this palagraph Borrower hereby auihorizes the Bank to debit Be_ers deposhccount# 1'5 ~() 'rU & J1!', I :t 17 _ With the Bank automaUcaDy for any amount whion becomes due under this Note, AcI(nowledgment Borrower acknOWledges that · hes read and undeOSlands aU the Provisions of this Note, including the Confession of JUdgment Governing Law, Jurisdiction and Waiver of JulY Trial. and has been adviSed by counsel as nacessary Or approPrlate. Tax ID/SS# 584-34-1756 .. _V~ ~ oJ.'~~'b. - - ViJ.ginl; Rodriguez S~nalure ofWm,ess: -c ~ h,)A ~_ Typed Name of Witness: (' tt r, ~ f,~ h !Jj, /l1c 4,10 Q COMMONW~OF PENNS~VANIA ) . V""'\ I. : ss. COUNlYOF ~~ J~ ) On the ~") ".d day of November, in the year 2004, before me, the unde<oignod, a Notaoy Public In and for said CommDnweaJth, personally appeaJad V1RGlNIO RODRIGUEZ, personally known to me or P'O"Olj to me on the basJs of satlsfacloly evidence to be the individual whose name Is sUbSCribed to the Within said Instrument and acknowledged III m_lI1at helshe executed the same In hisIh_, capacl1y, and that by hlslher s;gn lure on the Insttument the individual, or 111_ person upon behaif of which lI1e individual acted, execuied the instrument. (j "C'"' ACKNOWlEDGMENT COMMONwEALTH OF P~l\;~$nVA"'rA , Notarial Seat Ci~J.4~~'~PUbC'C frtr('~~~, Oauphin County ~'nl~ Elcpires,June 9,2!Xll ~"llber. ~ AsscciifD.'l OfN*ies Authorization Confirmed: , FOR BANK USE ONL 'Y Disbursement of Funds: Produot Code: C~'02-F'A (11101) RK Off Ck # $ 4 Payoff Obligation # $ t 7::J (") ~ """ t- \ ...0 . e '" ~ 0 c:::::> ~ ~ Cl'"' :;; ~ -1 F -0 OJ :z: :r:: l:P rn 0 nl :II _.::1\ -< r Vl W ~ '"7 r-. N -om ~ ....0 ~ tr) ". CD ~5? ~-:;~ (".:c .--t~2 ~ 25" III 1>c -u ---., ( -- - 1- z ': :s:: -),,0 )>c ~5m ~ C W ~ :z =<! N N . . KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 01.. - elu~l~~ VIRGINIO RODRIGUEZ CONFESSION OF JUDGMENT Defendant NOTICE To: VIRGINIO RODRIGUEZ, Defendant You are hereby notified that on A.)t->o:iF ,2006, jUdgment by confession was entered against you in the sum of $59,501.24 in the abO::;~ Dated: ..JI)l'>O :J. r , 2006 PI6~notary./f" . . '1 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. Virginio Rodriguez 148 Salem Church Road Mechanicsburg, PA 17050 Atto~n;(s) . ' KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. VIRGINIO RODRIGUEZ CONFESSION OF JUDGMENT Defendant NOTICE VIRGINIO RODRIGUEZ, Defendido Usted esta siendo notificando que el de del 2006, se anoto en contra suya un fallo por confesion en la suma de $59,501.24 en el caso mencionado en el epigrafe. FECHA: ,2006 Prothonotary USTED DE BE LLEVAR IMMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA A VERIGUAR 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: Virginio Rodriguez 148 Salem Church Road Mechanicsburg, PA 17050 Attor~ntiff(S)