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PENNSYLVANIA STATE BANK
Plaintiff
: In the Court of COMMON PLEAS of
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. {)I- &5'70
(I~
DONALD S. GEISTWIDTE, JR. and
BARBARA K. GEISTWHITE
Defendants
PRAECIPE FOR ENTRY OF CONFESSED
JUDGMENT ON GUARANTY
TO THE PROTHONOTARY:
Please enter Judgment in favor of Plaintiff, PENNSYL VANIA STATE BANK, and
against Defendants, DONALD S. GEISTWHITE, JR. and BARBARA K. GEISTWHITE, of
18 Circle Drive, Carlisle, Cumberland County, Pennsylvania, in the amount of $25,000.00 in
accordance with the Commercial Guaranty attached hereto.
TO Cumberland County
Prothonotary
Dated: November 19. 2001
Robert D. Kodak
Attorney I.D. No. 18041
Attorney for Plaintiff
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OCOMMERCIAL GUARANTY.
References in the shaded area are for Lender's use ani and do not limit the a
Borrower: Geislwhlte Landscaping, Inc. (TIN: 25-1687133)
18 Circle Drive
Carlisle, PA 17013
Lender: PENNSYLVANIA ST ATE BANK
Carlisle
1 North Hanover Street
Carlisle, PA 17013
Guarantor: Donald S. Gelslwhlte, Jc. and Barbara K. Gelslwhlte
18 Circle Drlve
Carlisle, PA 17013
AMOUNT OF GUARANTY. This Is a gualanty 01 payment 01 the Note, Including without limitation the principal Note amount 01 Twenty Five
Thousand & 00/100 Dollars ($25,000.00).
GUARANTY. For good and valuable consideration, Donald S. Gelslwhlta, Jr. and Barbara K. Gelalwhlte ("Guarantor") absolutely and
unconditionally guarantee and promise to pay, Jointly and severally,to PENNSYLVANIA STATE BANK ("Lender") or Its order on demand In
legal tender 01 the United States 01 America, the Indebtedness (as that tarm Is defined below) 01 Gelslwhlte Landscaping, Inc. ("Borrower")' to
Lender on the terms and conditions set lorth In this Guaranty.
DEFINlrIONS. The following words shall have the following meenings when used In this Guaranty:
Borrower. The word ''Borrower'' means Geistwhite Landscaping, Inc"
Guarantor. The word "Guarantor" means Donald S. Geistwhite, Jr. and Barbara K. Geistwhlte, who are signing this Guaranty jointly and severally.
Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated January 9, 1998.
Indebtedness. The word "Indebtedness" means the Note, Including (a) ell principal, (b) all interest, (c) ell late charges, (d) all loan lees and
loan cherges, and (e) all collection costs and expenses relallng to the Note or to any collateral lor the Note. Collection costs and expenses
include without Iimitallon all of Lender's allorneys'lees end Lender's legal expenses, whether or not suit is instituted, and allorneys' lees and legal
expenses lor bankruptcy proceedings (including efforts to modify or vacete any autometic stay or injunction), appeals, and any anticipeted
post-judgment collection services.
Lender. The word ''Lender'' meens PENNSYLVANIA STATE BANK, its successors end essigns.
Note. The word "Note" means the promissory note or credit agreement deted Jenuary 9, 1998, In the original principal amount 01 $25,000.00
from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agreement. Notice to Guarantor: The Note evidences a revolving line 01 credltlrom Lender to Borrower.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties. security agreements, mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection with the Indebtedness.
MAXI MUM LIABILITY. The maximum liability 01 Gua,antor under this Guaranty shall not exceed at anyone time the amount 01 the
Indebtedness described above, plus all costs and expenses 01 (a) enlorcement 01 this Guaranty and (b) collection and sale 01 any collaleral
securing this Guaranty.
The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at anyone time,
If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties
shall be cumulative, This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties, The
iiability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
NATURE OF GUARANTY. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier
by reason of acceleration or otherwise, of all Indebtedness within the limits set forth in the preceding section of this Guaranty. This Guaranty covecs a
revolving line 01 credit and guarantor understands and agrees thai this guaranlee shall be open and continuous unlll the line 01 credit Is
termlnaled and the Indebtedness Is paid In lull, as provided below. The obligations of Guarantors shall be joint and several. Lender may proceed
against any of the Guarantors individually, against any group of Guarantors, or against all the Guarantors in one action, without affecting the right of
Lender to proceed against other Guarantors lor amounts that are covered by this Guaranty, Any inability 01 Lender to proceed against any Guarantor
(whether caused by actions of a Guarantor or of Lender) will not affect Lender's right to proceed against any or all remaining Guarantors for all or part
of the amounts covered by this Guaranty.
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, and will continue in full loree until all Indebtedness shall have been fully and finally paid and sallsfied and all other
obligations of Guarantor under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any other guaranty of
the Indebtedness shall not affect the liability 01 Guarantor under this Guaranty. A revocallon received by Lender !rom anyone or more Guarantors shall
not affect the liability of any remaining Guarantors under this Guaranty. This Guaranty covers a revolving line 01 credit and it is specllically
anticipated that fluctuations will OCCUI In the aggregale amount 01 Indebtedness owing Irom Borrower 10 Lender. Guarantor specifically
acknowledges and agrees thatlluctuallons In the amount 01 Indebtedness, even to zero dollars ($ 0.00), shall not constitute a terminallon 01
this Gualanty. Guarantol's liability undel this Guaranty shall terminate only upon (a) termlnalion In wrlllng by Borrowel and Lendel 01 the line
01 cledlt, (b) payment 01 the Indebtedness In lull In legal tender, and (c) payment In lull In legal tendel 01 all other obllgallons 01 Guarantor
undel this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's
liability under this Guaranty, Irom time to time: (a) to make one or more addlllonal secured or unsecured loans to Borrower, to lease
equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (b) to alter, compromise, renew, extend,
accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness,
Including Increases and decreases 01 the rale 01 Interest on the Indebtedness; extenslons may be repeated and may be lor longer than the
original loan term; (c) to take and hold security lor the payment 01 this Guaranty or the Indebtedness, and exchange, enlorce, waive,
subordinate, lall or decide not to perlect, and release any such security, with or without the substltullon 01 new collateral; (d) to retease,
substitute, agree not to sue, or deal with anyone or more of Borrower's sureties, endorsers, or other guarantors on any terms or In any
mannel Lender may choose; (e) to determine how, when and what application 01 payments and credits shall be made on the Indebtedness;
(I) to apply SUCh security and direct the order or manner 01 sale thereol, including without limitation, any nonjudicial sale permllled by the
terms 01 the controlling security agreement or deed 01 trust, as Lender In Its discretion may determine; (g) to sell, transler, assign, or gIant
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01-09-1998
Loan No 5300025-01
COMMERCIAL GUARANTY
(Continued)
Page 2
participations In all or any part 01 the Indebtedness; and (h) to assign or transfer this Guaranty In whole or In part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender thet (e) 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; (b) this Guaranty is executed at
Borrowe~s request and not at the request of Lender; (c) Guarantor has full 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, re~ulation, court decree or order applicable to Guarantor; (e) Guarantor has not and will not, without the prior written consent of Lender,
sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guaranto~s assets, or any interest therein; (f) upon
Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information
which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and
fairly present the financial condition of Guarantor as of the dates the financial information is provided; (g) no" material adverse change has occurred in
Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may
materially adversely affect Guarantor's financial, condition; (h) no litigation, claim, investigation, administrative -proceeding or similar action (including
those for unpaid taxes) against Guarantor is pending or threatened; (i) Lender has made no representation to Guarantor as to the creditworthiness of
Borrower; and (j) Guarantor has established adequate means of obtaining from Borrower on a continuing basis 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
affect Guarantor's risks under this Guaranty, and' Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information
or documents acquired by Lender in the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) 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 collateral, or notice of any action or nonaction on the pa,rt of Borrower, Lender, any surety, endorser,
or other guarantor in connection with -the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) to resort for
payment or to proceed directly or at once against any person, including_ Borrower or any other guarantor; (d) to 'proceed directly against or exhaust any
collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and place of any public or
private sale of personal property securtty held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial
Code; (f) to pursue any other remedy within Lender's power; or (9) to commit any act or omission of any kind, or at any time, with respect to any
matter whatsoever.
Guarantor also waives any and all rights or defenses arising by reason of (a) any "one action" or "anti-deficiency" law or any other law 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 judicialiy or by exercise of a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely
affects Guaranto~s subrogation rtghts or Guarantor's rights to proceed against Borrower for relmburMment, including without limitation, any loss of
rtghts Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (c) any diSability or other defense of Borrower, of
any other guarantor, or of any other person, or by leason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full
In legal tender, of the Indebtedness; (d) any rtghtto claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the
Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guararttor is commenced there is outstanding
Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (I) 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 voluntartly or otherwise, or by any
third party, on the Indebtedness and therealler 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 law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of
enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time Bny deductions to the amount guaranteed under this Guaranty for any claim of
setoff, countelclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted 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 made
with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers afe reasonable and not contrary to
public policy or law. If Bny such waiver is determined to be contrary to any applicable law or pUblic policy, such waiver shall be effective only to the
extent permilled by iaw or public policy,
LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to
Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a
contractual possessory security interest in and a right of setoff against, and GlJarantor hereby assigns, conveys, delivers, pledges, and transfers to
Lender all of Guarantor's right, title and interest in and to, all deposits, moneys, securities and other property of Guarantor now or hereafter in the
possession of or on deposit with Lender, whether held in a general or special account or deposit, whether h~ld. joi.ntly with som~one else, or whether
held for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts, Every such secunty '"terest end right of setoff may be
exercised without demand upon or notice to Guarantor. No securtty interest or right of setoff shall be deemed to have been waived by any act or
conduct on the part of Lender or by any neglect to exercise such rtght of setoff or to enforce such securitylnteiest or by any delay in so doing, Every
right of setoff and security interest shall continue in full force and effect until such right of setoff or security interest is specificaliy waived or released by
an instrument in writing executed by Lender.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness. of Borrower to Lender, whether now
existing or hereafter created, shall be prior 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 the 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 L~nder to the Indebtedness of Borrower to
Lender, Guarantor does hereby assign to Lender 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 :assuring to Lender full payment in legal
tender of the Indebtedness. If 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 shall be delivered to Lender, Guarantor agrees, and Lender
hereby is authorized, in the name of Guarantor, from time to time to execute and file finanCing. statem~nts an~ co'ntinuation statemc::nts.and to execu~e
such other 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, constitules the entire understanding and agreement of the parties as to the
matters set forth in this Guaranty, No _..tion of or amendment to this Guaranty shall be eff~ unless given in writing and signed by the party
or parties sought to be charged or boVY the alteration or amendment. ~~iW
.. Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a
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01-09-1998
Loan No 5300025-01
o
COMMERCIAL GUARANTY.
(Continued)
Page 3
lawsuit, G~arantor agrees upon Lende(s request to sui,ii.ii tothe'jJ;r.arbii~'n of the courts of Cumberland County, Commonwealth of
Pennsylvania. ThIs Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
Attorneys' Fees; Expenses. Guar~ntor agrees to pay Up?q, de,!,and ~1I.of Lende(s costs and expenses, including attorneys' fees and Lender's
legal expenses, Incurred In connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and
Guarantor shall pay the costs a,nd expenses of such, enforcement. Costs and expenses include Lende(s attorneys' lees and legal expenses
whether or not there IS a laWSUit, Including attorneys lees and legal expenses for bankruptcy proceedings (and 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
and such additional lees as may be diracted by the court.
Notices. All notices raquired to be given by either party to the other under this Guaranty shall be in writing, may be sent by telefacslmile (unless
otherwise re~u",:d by law), and shall be, effective when actually delivered or when deposited with a nationally recognized overnight courier, or
when deposited In the Umled States mall, first class postage prepaid, addressed to the party to whom the notice is to be given at the address
shown above or to such other addresses as either party may designate to the other in writing. If there is more than one Guarantor, notice to any
Guarantor Will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender Informed at all times of Guarantor's
current address.
Interpretation. In all cases. 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 whele the context and construction so require; and where there is more than one Borrower named In this
Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and
Bny one or more of them, The words "Guarantor," "Borrower," and "Lender" include the heirs, succassors"assigns, and transferees of each of
them, Caption headings in t.his Guaranty are for convenience purposes only and are notto b~u~ed toinlerpr~t or defineth~ proYisionsof th.is
Guaranty. If a court of 90mpetent jurl~diction J,\nds any provision of this Guaranty to be InvaUd_or u!'lenfor~ble as to any person or circumstance,
such ,finding shall not render that proviSion invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty
in all other respects shall remain valid and enforceable. If anyone or more of Borrower or Guar!intor are' corporations or partner$hlps, it is not
necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acllng 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,
Waiver. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver Is given in writing and signed by Lender,
No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of
a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or
any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a
waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required
under this Guaranty, the granting of such consent by Leng~r, i".any Instance. shall not constitute continuing consent to subsequent instances
where such consent is required and In all cases such consenf'may be granted 01 withheld in the sole discretion of Lender.
DEFAULT INTEREST RATE. In the event of default for which the Lender does not accelerate the Loan, including the failure of Borrower to provide the
financial sletements as required hereunder or under the Loan Agreement, the applicable interest rale on the Loan, for a period beginning three (3) days
after written notice of such default and ending upon the curing of said noticed deleult, shall Increase one quarter of one percent (.25%) for the first thirty
(30) days of said deleult and Increase an additional one quarter of one percent (.25%) during each thirty (30) day period thereafter during which the
noticed default continues, Such default interest rate shall apply to the outstanding prinCipal balance of the Loan, Upon the curing of the noticed
default, the interest rate on the Loan shall revert to the initially agreed-upon interest rate effective on the date on which Ihe default is cured.
FINANCING STATEMENTS. Furnish Lender with, as soon as available, but in no event later than one hundred twenty (120) days after the end of each
fiscal year, Guarantor's personal financial statement and federal income tax return. All financial reports required to be provided under this Agreement
shall be prepared in accordance with generally accepted ",ccounting principles, applied on consistent basis, and certified by Guarantor as being true
and correct.
CONFESSION OF4UIlGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARy'ClR'CLERK OF Am COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT Am TIME FOR
GUARANTOR AFF6l'A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF Am TERM, CONFESS OR
ENTER JUDGMENT AGAll\IST .GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE
CHAlitGES;'AND ANli' AiI!lJ'''ALi:::';l\t.liOUNTS'E)(PENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL sECURING THE
INDEBTEDNESS,TOCiiETHER WrTHiJ\itEREST ON SUCH AMOUNTS, TOGETHER WITH costs OF SUIT, AND AN ATTORNEY'S COMMISSION OF
TEN PERCENT (10%) OFTHE UNPAIDPRINCIPAL~ALANCE AND ACCRUED INTEREST FOR CqLLEClJON,BUT IN Af.NEVENT NOT LESS THAN
FIVE HUNDRED DOLLARS ($50q)ON WHICH JUDGMENT OR JUD.GMENTS 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, EXCEPT Am NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO
EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S 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 ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVEUI!ON GUARANTOR'S EXECUTION AND
DEliVERY OF THIS GUARAI\ITY TO LENDER AND THAT THE GUARANTY WIll. CONTINUE UNTIL TERM'NATED IN THE MANNER SET FORTH
IN THE SECTION TiTlED "DURATlONOFm.ARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED JANUARY 9, 1998.
THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
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Donald S. Gel lIe, Jr.
.:,.g;f<Rtl.I_)
x~1~rg;\fiii@jg4=MWii
Barbara K. GelstW te
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01-09-1998
Loan No 5300025-01
COMMERCIAL GUARANTY
(Continued)
Page 4
n . IN.DIVIDUAL ACKNOWLEDGMENT
STATE OF f/e./Yl /Y7 D1:}(J..flZI/1) I
COUNTY OF C.(f/YI };.eIl!ArrwL : SS
(1991, before me
NOTARIAL SEAl"-
GIG! CULLEN, Notary Public
Camp Hill Bora. Cumberland County
Notary Public in and for the State of
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DISCLO~,",RE FOR CONFESSION OF ...JDGMENT
References in the shaded area are for Lender's use only and do not limit the a plicabilily of this document to any particular loan or item,
Borrower: GetslYlhile Lanllscllplng, Inc. (TIN: 25-1687133)
IS Circle Drive
Carlisle, PA 17013
\"ender: PENNSYLVANIA STATE BANK
Call1sle
1 North Hanovec Street
Carlisle, PA 17013
Guarantor:
Donald S. Gelstwhlte, Jr. and Barbara K. Gelstwhlle
1S Circle Drive
Carlisle, PA 17013
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS 9:111 DAY OF ~
$25,000.00 OBLIGATING ME TO REPAY THAT AMO NT. 0
A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO
ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT
OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENrRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY
AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDlry OF ANY JUDGMENT OR OTHER ClAIMS
THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING
THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT
;~O~~:'~;~'~NI~:'~~I;if'!ENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT
ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT
WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING,
LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARrlAL PAYMENT OF THE JUDGMENT.
HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN
EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS ro ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS
ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE
RIGHTS, AND I EXPRESSLY AGREE AND CONSEN:;~~J;it'S EXECUrlNG ON THE JUDGMENT, IN ANY MANNER PERMITTED BY
APPLICABLE STATE AND FEDERAL LAW. INITIALS. "., 0.'m..'.<,.",.,.'",,'
~kG--
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY
INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
, 199.r. A GUARANTY OF A PROMISSORY NOTE FOR
INITIALS
1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED rHE CONFESSION OF JUDGMENT PROVISION IN THE
GUARANTY TO MY ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE B1-ANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I
INITIALED AND SIGNED IT; AND THAT I RECEIVED A COpy AT THE TIME OF SIGNING.
/
iHIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
!
AFFIANT:
'. .'
*r,:~~::?:':';~~:: '~~~:~~f~:: ~~~~~W ~~~*::.~;.:::~~~;t~%~;'::,;:;,<<~~~~ii:~~~;~~~*~~~t*~~~~:~~::::~::,.:~Hi~:~~:~~~:~~~~~~~:~~~t~~~*~;l~~H~~~
X ~m. ~.-'_U~".'..m'"'''''''"""...mm''''''''''''''' (SEAL)
. nuu' .... ... .mum ..uu ' , .'m.n.'.. ..
Donald S. Gelstwhlte, Jr. '
X ~~e~ilib_8~(WWj#!f;\,*'t.~;;~1#nmm (SEAL)
Barbara K. Gelstwh
lAS~R PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.24 (C) 1998 OFl ProServlces, Inc. All rights reserved. [PA-D30 GEIST.lN C1.0Vl]
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PENNSYLV ANlA STATE BANK
Plaintiff
: In the Court of COMMON PLEAS of
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
DONALD S. GEISTWHITE, JR. and
BARBARA K. GEISTWHITE
Defendants
PLAINTIFF'S AFFIDA VITIA VERMENT
CONFESSION OF JUDGMENT FOR MONEY
(X) Pursuant to Pa. R.C.P. No. 2951(1)(2)(ii), I certify that this judgment is not being entered by
confession against a natnral person in connection with a consumer credit transaction.
(a) A consumer credit transaction means a credit transaction in which the party to whom
credit is offered or extended is a natural person and the money, property or services
which are the subject of the transaction are primarily for personal, family or household
purposes.
CONFESSION OF JUDGMENT FOR CONFESSION OF REAL PROPERTY
( ) Pursuant to Pa. R.c.P. No. 2971(1)(1), I certify that this jndgment is not being entered against
a natural person in connection with a residential lease.
...............
The above certification is made subject to the penalties of 18 . .S. 4904 relating to unsworn falsification
to authorities.
Dated: November 19. 2001
Robert D. Kodak, Esquire
Attorney for Plaintiff
I.D. No. 18041
Address:
Knupp, Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7151 Fax: (717) 238-7158
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PENNSYLVANIA STATE BANK
Plaintiff
: THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO.
DONALD S, GEISTWHITE, JR. and BARBARA K.
GEISTWHITE
: CIVIL ACTION - LAW
Defendants
: CONFESSED JUDGMENT
TO: BARBARA}(. GEISTWHITE, Defendant
You are hereby notified that on }W- J, (
of $25,000.00 in the above-capti~ned case,
, 200 I, Judgment by confession was entered against you in the sum
DATE:
{(- .;1.1
,2001
~t'~ .
Prothonotary ~
'"
O~
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.
I hereby certifY that the following is the address of the Defendant(s) stated in the Certificate of Residence:
,"=ClliD'~'C~
Robert D, Kodak, Attorney for Plaintiff
A BARBARA K. GEISTWHITE, Demandado(s)
Por este medio sea avisado que en el dia de
por la cantidad de $25,000.00 del case antes escrito,
200 I, un fallo por admision fue registrado contra usted
Fecha: el dia
de
de 2001
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE
EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUIR DONDE SE PUEDE
CONSEQUIR ASIST ANCIA LEGAL.
Robert D, Kodak, Abogado(a) de Demandante(s)
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
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!"'khlh"">H';i<"-'
PENNSYL VANIA STATE BANK
Plaintiff
: THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO,
DONALD S. GEISTWHITE, JR. and BARBARA K
GEISTWHITE
: CIVIL ACTION - LAW
Defendants
: CONFESSED JUDGMENT
TO: DONALD S. GEISTWIDTE, JR., Defendant
You are hereby notified that on '7ttrv. ~{
of $25,000.00 in the above-captioned case.
,2001, Judgment by confession was entered against you in the sum
DATE: (1~.J.,1
,2001
(}~
R1ro
~
Prothonotary
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.
I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence:
,"crncc,"mwCARL~~
Robert D, Kodak, Attorney for Plaintiff
A DONALD S. GEISTWHITE, JR., Demandado(s)
Por este medio sea avisado que en el dia de
por la cantidad de $25,000.00 del case antes eserito.
2001, un fallo por admision fue registrado contra usted
F eeha: el dia
de
de 200 I
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE
EL DINERO SUFICIENTE DE P AGAR TAL SERVIClO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUlR DONDE SE PUEDE
CONSEQUlR ASISTANCIA LEGAL.
Robert D, Kodak, Abogado(a) de Demandante(s)
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE P A 17013
(717) 249-3166
",...
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PENNSYLVANIA STATE BANK
Plaintiff
In the Court of COMMON PLEAS of
CUMBERLAND County, Pennsylvania
v,
NO. 2001-06575
DONALD S. GEISTWHITE, JR. and
BARBARA K, GEISTWHITE
Defendants
CIVIL DIVISION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned Judgment as settled and satisfied in fulL
TO Cumberland County
Prothonotary
Dated: March 5. 2004
?
-."
Robert D. Kodak
Attorney I.D. No. 18041
Attorney for Plaintiff
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