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Home My WebLink About99-05653 0111, i ?l > r ft . ?:VL 4L r k ?.1 h l,: q A+}f11 ,.?.. Fj.. ry < , \ <<,:wt ?'f'q\ A 4! A b + l :??9y E l1 SAY'. w) ?'8y era. 1 NWf? XF, fy r ?r ll'<t i rev ? t z -f 4k. l kv:.. Qt.e ,J F? ?i r u`? $Y?i 4 qr' Ji SEP-16-99 THU 03:56 PH ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants FAX NO. 717 274 6782 , P. X16/08 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA i CTVM aCTZC.T No. ACCEPTANCE O SERVICE COMMONWEALTH OF PENNSYLVANIA . COUNTY OF LEBANON SS. I, Thomas J. MacNeely, Esquire, accept service of the original Notice Under Rule 2958,1 of Judgment and Execution Thereon - Notice of Defendants' Rights, a copy of which is attached hereto, on behalf of my client, Karen E. Gordon. I certify that I am authorized to do so. ROSEN, JENK S, & GREENWALD By: I I -- Thomas J MacNeely, E q 15 Sout Franklin S Wilkes-Barre, PA 18 1 Attorney for Defendants ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL (?ACTION - LAW No. 7`/-56 ,3 NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION TREREON NOTICE OF DEFENDANTS' RIGHTS To: Mrs. Karen E. Gordon 7B Troy Circle Enola, PA 17025 A judgment in the amount of: Principal - $ 142,922.18 Interest to 9/2/99 - 2,549.23 Attorney's Commission (1556 of unpaid principal and interest) - 21.820.71 Total - $ 167,292.12 plus all future accruing interest until paid in full ($31.76 pe diem), late fees, a reasonable attorneys' commission, together with costs of suit and all other amounts, fees, and costs incidental to execution and levy, 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 writte, agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the judgment at 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Legal Services, Inc. Seven North Hanover Street Carlisle, PA 17013 (717) 243-9400 (717) 766-8475 HENRY & BEAVER By: I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 2 - cli U-1 fn E U (J # N N O n n 0 Z e ? i 1 4? w .J ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-5653 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF LEBANON AFFIDAVIT OF SERVICE Richard D. Fields, Constable of the Commonwealth of Pennsylvania, being duly sworn according to law, deposes and says that he served an original Notice Under Rule 2958.1 of Judgment and Execution Thereon - Notice of Defendant's Rights in the within action, a true and correct copy of which is attached hereto, upon Leroy K. Gordon, by handing it personally to Leroy K. Gordon, on the 16th day of September, 1999 at 10:00 o'clock a.m. at 102 Locust Street, East Berlin (Rear), Pennsylvania and by making known to him the contents of the same. So answers, Richard D. Fields, Constable of the Commonwealth of Pennsylvania. R'iftar D. Fields Constable Sworn and subscribed to before me: this 1r' day of September, 1999.: Notary Public 7ERESA MNAOF=SEA LebanoM Commiss ALLFIRST BANK, Successor to IN THE COURT OF COMMON PLEAS Dauphin Deposit Bank & Trust CUMBERLAND COUNTY, PENNSYLVANIA Company, CIVIL ACTION - LAW Plaintiff No. 99-5? 53 VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Mrs. Karen E. Gordon 7B Troy Circle Enola, PA 17025 A judgment in the amount of: Principal - $ 142,922.18 Interest to 9/2/99 - 2,549.23 Attorney's Commission (15% of unpaid principal and interest) - 21.820.71 Total - $ 167,292.12 plus all future accruing interest until paid in full ($31.76 per diem), late fees, a reasonable attorneys' commission, together with costs of suit and all other amounts, fees, and costs incidental to execution and levy, 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 II 1 't , 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Legal Services, Inc. Seven North Hanover Street Carlisle, PA 17013 (717) 243-9400 (717) 766-8475 HENRY & By: I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 2 - L. UJO a n;Ej r r:. Cl) I ~ N U_ CT1 1 ON U B ? 2 5 oN??pp „ V ? a n N S ? < N N = n $ ? p D C N F LL< 0 J ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff V8. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW No. 9C/ - S2?53 e_,?CL PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Marc A. Hess, Esquire of firm of Henry & Beaver LLP, whose address is 937 Willow Street, Lebanon, Pennsylvania 17046 as attorney for Allfirst Bank, successor to Dauphin Deposit Bank & Trust Company, the Plaint if in the above-captioned matter. Dated: September Imo, 1999 HENR EA By: C A. ESQUIRE I.D.#55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 pu. =x Fa T` ikpd$ 1 5 J Va 1. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Mr. Leroy K. Gordon 7B Troy Circle Enola, PA 17025 ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA CIVIL ACTION - LAW No. 77 _ S0-1 NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confeession? in the above proceeding was entered against you onQ ?- 1999, in the amount of One Hundred Sixty-Seven Thousand Two Hundred Ninety-Two Dollars and Twelve Cents ($167,292.12), plus all future accruing interest until paid in full ($31.76 per diem), late fees, a reasonable' attorneys' commission, together with costs of suit and all other r, amounts, fees, and costs incidental to execution and levy. Copies of all documents filed are attached hereto. I OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Mrs. Karen E. Gordon 7B Troy Circle Enola, PA 17025 ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN] CIVIL ACTION - LAW No. ?/'7 S&S-3 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 / ?//- , 1999, in the amount of One Hundred Sixty-Seven Thousand Two Hundred Ninety-Two Dollars and Twelve Cents ($167,292.12), plus all future accruing interest until paid in full ($31.76 per diem), late fees, a reasonable attorneys, commission, together with costs of suit and all other amounts, fees, and costs incidental to execution and levy. Copies of all documents filed are attached hereto. Prothonotary (ID r ALLFIRST BANK, Successor to Dauphin Deposit Bank & Trust Company, Plaintiff Vs. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN. CIVIL ACTION - LAW No. q6 -_,(1 3 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 Defendants and confess judgment i. favor of the Plaintiff and against the Defendants as follows: Loan No. 0271322-9003 Principal - $ 142,922. Interest to 9/2/99 - 2,549. Attorney's Commission (15% of unpaid principal and interest) - 21.820. Total - $ 167,292. Plus all future accruing interest until paid in full ($31.76 pi diem), late fees, a reasonable attorneys' commission, together with costs of suit and all other amounts, fees, and costs . . _ _._ . -11. -- ALLFIRST BANK, Successor to IN THE COURT OF COMMON PLEAS Dauphin Deposit Bank & Trust CUMBERLAND COUNTY, PENNSYLVAN. Company, CIVIL ACTION - LAW Plaintiff No. VS. LEROY K. GORDON and KAREN E. GORDON, his wife, Defendants COMPLAINT 1. The Plaintiff is Allfirst Bank, a Maryland State charted commercial bank, successor to Dauphin Deposit Bank & Trust Company, with an office located at 3607 Derry Street, Harrisburg, Pennsylvania 17111. 2. The Defendants, Leroy K. Gordon and Karen E. Gordon, are adult individuals who are believed to reside at 7B Troy Circle, Enola, Cumberland County, Pennsylvania 17025. 3. On March 25, 1996, the Plaintiff loaned to Prepared Millwork, Inc. the sum of Three Hundred Thirty-Seven Thousand Dollars ($337,000.00) pursuant to the terms of a commercial Loa Note bearing loan number 0217322-9003. 4. Defendants, individually, jointly, and unconditionall made themselves sureties for the aforesaid obligation pursuant to the terms of a Suretyship Agreement, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 5. The Suretyship Agreement has not been assigned. 6. Judgment has not been entered on the Suretyship Agreement in any jurisdiction. 7. Defendants are currently liable to Plaintiff as follows: Loan No. 0271322-9003 Principal - $ 142,922.18 Interest to 9/2/99 - 2,549.23 Attorney's Commission (15% of unpaid principal and interest) - 21.820.71 Total - $ 167,292.12 Plus all future accruing interest until paid in full ($31.76 per diem), late fees, a reasonable attorneys' commission, together with costs of suit and all other amounts, fees, and costs incidental to execution and levy. 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff requests that judgment be entered in favor of the Plaintiff, Allfirst Bank, successor to Dauphin Deposit Bank & Trust Company, and against the Defendants, Leroy K. Gordon and Karen E. Gordon, his wife, individually and jointly, in the amount of One Hundred Sixty-Seven Thousand Two Hundred Ninety-Two Dollars and Twelve Cents ($167,292.12), plus all future accruing interest until paid in full ($31.76 per diem), late fees, a reasonable attorneys' commission, together - 2 - with costs of suit and all other amounts, fees, and costs incidental to execution and levy. HENRY By: I/.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 3 - AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF LEBANON James S. Gates, Vice President, of Allfirst Bank, succe to Dauphin Deposit Bank & Trust Company, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behalf of the Allfirst Bank 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 Suretyship Agreement, 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 Defendants to Plaintiff. ALLFIRST BANK Successor to Dauphin Deposit Bank & Trust Company By: I James S. Gates Vice President Sworn and subscribed to before me: this day of y (.? 1999. Notary Public NOTARIAL SEAL TERESA MARIE SHARK, Notary Public JII Lebanon, Lebanon County M Commlealon Expires Feb. 14, 2002 Dauphin Deposit Bank and Trust Company ii= Suretyship Agreement Member FDIC. Date MN" asx14'dcl For value received, the Undersigned, jointly and severally, hereby unconditionally agree to make prompt payment of all obligations, indebtedness and liabilities due Dauphin Deposit Bank and Trust Company, hereinafter called "Bank." of any kind, whether now existing or hereafter arising, due or which may become due, whether by acceleration or otherwise, absolute or contingent, joint or several, direct or indirect secured or unsecured by prepared Millvnkx Thin hereinafter called "Borrower," all such obligations being hereinafter further described and collectively called the "Liabilities;" and the Undersigned agree(s) to pay all expenses (Including attorneys' fees and legal expenses, whether or not litigation is commenced( paid or incurred by the Bank in endeavoring to collect the Liabilities, or any part thereof, whether or not bankruptcy has been declared, and in enforcing this Suretyship Agreement The liability of the Undersigned hereunder is a primary and direct obligation without regard to any other obligor or security or collateral held by the Bank The Undersigned hereby walve all notices of any character whatsoever with respect to this Suretyship Agreement and the Uabildies of the Borrower for which the Suretyship Agreement has been executed, including but not limited to notice of the acceptance hereof and reliance hereon and notice of default by the Borrower. The Undersigned hereby give consent to the Bank to the taking of, or failure to take, from time to time, without notice to the Undersigned, any action of any nature whatsoever with respect to the Liabilities of the Borrower, with respect to any rights against any person or persons, including the Borrower and any of the Undersigned, in any property, including, but not limited to, any postponements, compromises, indulgences, waivers, extensions, exchanges, releases, and satisfactions. The Undersigned shall remain fully liable on this Suretyship Agreement, notwithstanding any of the foregoing. This Suretyship Agreement shall in all respects be a continuing, absolute and unconditional one, and shall remain in full force and effect (notwithstanding, without limitation, the death, incompetency or dissolution of any of the Undersigned or that at any time, or from time to time, all Liabilities may have been paid in full(. This Suretyship Agreement is subject to discontinuance as Ic any of the Undersigned only upon actual receipt by the Bank of written notice from such Undersigned, or any person duly authorized and acting on behalf of such Undersigned, of the discontinuance hereof as to such Undersigned; provided, how- ever, that no such notice of discontinuance shall affect or impair any of the agreements and obligations of such Undersigned hereunder with respect to (a) any and all Liabilities existing prior to the time of actual receipt of such notice by the Bank, (b) any and all baedities created or acquired thereafter pursuant to any previous binding commitments made by the Bank, (c) any and all extensions or renewals of any of the foregoing, (d) any and all interest on any of the forego. ing, and (a) any and all expenses paid or incurred by the Bank in endeavoring to collect any of the foregoing and in enforcing this Suretyship Agreement against such Undersigned. All obligations of the Undersigned under this Suretyship Agreement shall, notwithstanding any such notice of discontinuance. remain fully in effect until all Liabilities not subject to an effective notice of discontinuance (including any extensions or renewals of any thereof) and all such Interest and expenses shall have been paid in full. Any notice of discontinuance by or on behalf of any one of the Undersigned shall not affect or impair the obligations hereunder of any other of the Undersigned. At the option of Bank, all Liabilities of Borrower shall become immediately due and payable by the Undersigned, without demand or notice, in the event any of the folluwing shall occur; (a) Borrower shall fail to make any payment or meet any other liability when due; tit) Borrower or the Undersigned shall fail to observe or perform any obligation, term, condition or provision of Borrower under any document evidencing or securing the Liabilities, this Suretyship Agree- ment or any other agreement, document, certificate, instrument of security, suretyship or guaranty given by Borrower to Bank; (c) Any representation, warranty or certificate made or furnished by Borrower to Bank, in connection with the Liabilities or any other agreement, document, certificate, instrument of security, suretyship or guaranty given by Borrower to Bank or in any certificate, financial statement or separate assignment made thereunder shall be materially false: (d) Borrower or any of the Undersigned shall make an assignment for the benefit of creditors: (e) Proceedings in bankruptcy or for reorganization of Borrower or any of the Undersigned or for the readjustment of any of their debts under the Bankruptcy Act, as amended, or in any part thereof, or under any other act or law, whether state or federal, for the relief of debtors now or hereafter existing, shall be commenced by or against Borrower or the Undersigned; (f) A receiver or trustee shall be appointed for Borrower or any of the Undersigned or for any substantial part of their assets; or any proceedings are instituted for the dissolu- tion, or the full or partial liquidation, of Borrower or any of the Undersigned: (g) Material adverse changes in the financial condition of the Borrower or any of the Undersigned; Ih) A death of Borrower or any of the Undersigned or, if Borrower or the Undersigned is a partnership, the death of any general partner; or (i) Borrower or any of the Undersigned ceases doing business as a going concern. As security for the Liabilities hereunder, the Undersigned hereby grants Bank a security interest in the following: Collateral ac cot forth in Open-Fad Mart-ngp from iarny K ind SC ren F f rdnn t Dailphin Tlenocit Rank and Tntct Company dated ht? K1. ''L v\4gl nil A s'gnment of Life Insurance policy It 96029716 dated 5/14/96 Together with a right, without demand or notice of any kind, at any time and from time to time when any amount shall be due and payable by the Undersigned hereunder and in such order of application as the Bank may erect to set-off against all mores, deposits or other property of any kind, without limitation, owned by the Undersigned or in which the Undersigned has a joint or contingent interest and which are in possession of Bank for any reason whatsoever. The Undersigned further agree that, if at any time, any part of any payment theretofore applied by the Bank to any of the Liabilities is or must be returned by the Bank for any reason whatsoever (including, without limitation, the insolvency, bankruptcy or reorganization of the Borrower), such Liabilities shall, for the purposes of this Suretyship Agreement, to the extent that such payment is or must be rescinded or returned, be deemed to have continued in existence. not- withstanding such application by the Bank, and this Suretyship Agreement shall continue to be effective or be reinstated as the case may be as to such Liabil- ities, all as though such application by the Bank had not been made. In such an event the Undersigned hereby waives any right of contribution, subrogation or indemnification against the Borrower, for a period of twelve (12) months subsequent to the last payment made or due to be made from Borrower to Bank. The Bank may, from time to time, whether before or aher any discontinuance of this Suretyship Agreement, at its sole descrebon and without notice to the Undersigned (or any of them), take any or all of the following actions: (al retain or obtain a security interest in any property to secure any of the Liabilities or any obligation hereunder: (b) retain or obtain the primary or secondary obligation of any obligor or obligors in addition to the Undersigned, with respect to any of the Liabilities; (c) extend or renew for one or more periods (whether or not longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of any of the Undersigned hereunder or any obligation of any nature of any other obligor with respect to any of the Liabilities td) release its security interest in , or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) or release. compromise, alter or exchange any obligations of any nature of any obligor with respect to any such property: and (e) resort to the Undersigned (or any of them( for payment of any of the Liabilities, whether or not the Bank shall have resorted to any property securing any of the Liabilities for payment of any of the Liabilities, or any obligation hereunder or shall have proceeded against any other of the Undersigned or any other obligor primarily or secondarily obligated with respect to any of the Liabilities. Any amounts received by the Bank from whatsoever source on account of the Liabilities may be applied by Bank toward the payment of such of the Liabili- ties and in such order of application, as the Bank may from time to time elect; and, notwithstanding any payments made by or for the account of the Under. signed pursuant to this Suretyship Agreement, the Undersigned shall not be subrogatied to any rights of the Bank until such time as this Suretyship Agreement shall have been discontinued as to all of the Undersigned and the Bank shall have received payment of the full amount of all Liabilities and of all obligations of the Undersigned hereunder. The Bank shall not be obligated under an then of law relating to the marshalling of payment received or security interest granted under the terms of this Suretyship Agreement. The Bank may, from time to time, whether before or after any discontinuance of this Suretyship Agreement, without notice to the Undersigned (or any of them), assign or transfer any or all of the Liabilities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer thereof, such Liabilities shall be and remain Liabilities for the purpose of this Suretyship Agreement and each and every Immediate and successive assignee or transferee of any of the Liabilifies or of any interest therein shall, to the extent of the interest of such assignee or transferee in the Liabilities, be entitled to the benefits of this Suretyship Agreement to the same extent as if such assignee or transferee were the Bank; provided, however, that unless the Bank shall otherwise consent in writing, the Bank shall have an unimpaired right prior and superior to that of any such assignee or transferee, to enforce this Suretyship Agreement for the benefit of the Bank, as to those of the Liabilities which the Bank has not assigned or transferred. No modification or waiver of any of the provisions of this Suretyship Agreement shall be binding upon the Bank except as expressly set forth in a writing duty signed by each of the Undersigned and the Bank No action of the Bank permitted hereunder shall in any way affect or impair the rights of the Bank and the obligation of the Undersigned under this Suretyship Agreement For the purpose of this Suretyship Agreement, Liabilities shall include all obligations of the Borrower to the Bank, notwithstanding any right or power of the Borrower or anyone else to assert any claim or defense as to the invalidity or unenforceability of any such obligation and no such claim or defense shall affect or impair the obligations of the Undersigned hereunder. *lrhe Liability of the Undersigned for Liabilities of Borrower incurred on lp a date hereof shall*not exceed, at any time, the aggregate principal amount of Riv hrrnrirPrl thlrh1r-,qPsrPn thn a nrf a'11fif1**************** ?E -. 21 Z r!N)f)_ f)f1 I. plus interest as stated in the evidence of indebtedness given by Borrower to Bank and fifteen percent (15%) aaomeys' commission; provided that this Suretyship Agreement shall also be applicable to and extend to any and all Liabilities, plus interest and costa as aforesaid, of Borrower arising alter the date hereof even if the total of such Liabilities plus the Liabilifies oustanding on or prior to the date hereof exceed the aforementioned aggregate principal amount. If no limitation is inserted in this paragraph, there is no limit to the liability of the Undersigned to the Bank The creation or existence from dme to time of Liabilities in excess of any amount to which the right of recovery under this Suretyship Agreement is limited is hereby authorized, without notice to the Undersigned (or any of them), and shall in no way affect or impair the rights of the Bank and the obligation of the Undersigned under this Suretyship Agreement. The Undersigned, jointly and severally, do hereby authorize and empower any prothonotary or clerk or attorney of any court of record of Pennsylvania or elsewhere, to appear for and confess judgment against any or all of the Undersigned in favor of Bank for the total liability of the Undersigned as set forth herein together with interest thereon, with or without declaration, with costs of suit, release of errors, without stay of execution or garnishment and with fifteen percent (15%) for collection lees, and waive the right of inquisition, and the benefit of all exemption laws now or hereinafter enacted, and agree to condemna- tion and the sale of real estate or personal property, or a writ of execution. In the event the Bank acquires any property securing this Suretyship Agreement after a foreclosure sale as to real property or a public auction sale as to personal property, the Undersigned agrees to indemnity and hold the Bank harmless from any loss, costs, or expense which the Bank may sustain as a result of. (a) selling the real or personal property so acquired for less than the total sums owed by the Borrower to the Bank, provided, however, that any such sale by the Bank is done in a commercially reasonable manner or (b) any action brought against the Bank under §548 or §544(b) of the United States Bank- ruptcy Code, as amended, on the ground that the consideration paid by the Bank for the real or personal property was not "fair equivalent value;' within the contemplation of §544(b) of the United States Bankruptcy Code, as amended, or any applicable state fraudulent conveyance act. The Undersigned waive and release the Bank from any damages which the Undersigned may incur as a result of any intentional or unintentional or negli- gent action or inaction of the Bank impairing, diminishing, or destroying any of the Undersigned's rights of subrogation which the Undersigned may have upon payment of any of the Borrower's obligations. The Undersigned acknowledges previously having waived, under certain conditions, any such rights. The Undersigned hereby agrees that this Suretyship Agreement shall apply to any obligation which the Bank may incur as the result of any payment to Bank by or on behalf of the Borrower which is determined to be a preference payment benefiting the undersigned. If a photostatic copy hereof shall have been filed in any of said proceedings, it shall not be necessary to file the original as a warrant of attorney. The forego- ing warrant and power to confess judgment shall not be deemed to have been exhausted by any single exercise thereof, whether or not any such exercise shall be held by any court to be invalid, voidable or void, but may be exercised from time to time, as often as the Bank shall elect. until all sums payable or that may become payable by each of the Undersigned have been paid in full. A subsequent guaranty or suretyship by the Undersigned or any other guarantor or surety of the Borrower's Liabilities given to the Bank shall not be deemed to be in lieu of or to supersede or terminate this Suretyship Agreement but shall be construed to be additional or supplementary unless otherwise expressly provided therein; and in the event the Undersigned or any other guarantor or surety has given to the Bank a previous guaranty or Suretyship Agreement, this Suretyship Agreement shall be construed to be additional or supplementary, and not to be in lieu thereof or to terminate such previous Sure- tyship Agreement, guaranty or guaranties unless expressly so provided herein. This Suretyship Agreement shall be binding upon the Undersigned, and upon the heirs, legal representatives. successors and assigns of the Undersigned and to the extent that the Borrower or any of the Undersigned is an entity such as a partnership, limited partnership, limited liability company, corporation or any other similar entity, all references herein to the Borrower and to the Undersigned, respectively, shall be deemed to include any successor or successors, whether immediate or remote, to such entity. If more than one party shall execute this Suretyship Agreement. the term "Undersigned" as used herein shall mean all parties executing this Suretyship Agreement and each of them, and all such parties shall be jointly and severally obligated hereunder. This Suretyship Agreement shall be construed in accordance with and governed by the laws of the Commonwealth of Pennsylvania without giving effect to choice of law rules. Wherever possible each provision of this Suretyship Agreement shall be interpreted in such manner as to be effective and valid under applicable law but if any provision of this Suretyship Agreement shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Suretyship Agreement. INTENDING TO BE LEGALLY BOUND HEREBY, the Undersigned have set their respective hands and seals the day and year first above written. WITNESS OR ATTEST: (SURETY) _ Karen E. Gordon Title: By T itey/ roy . Go onny'?, _ / (SEAL) By; Z^i(?(&," e SPIV K'f.//7'J - (SEAL) Title: Title' Karen E. Gordon Titre: By: Title: (SEAL) 8195 L-0t5 **This Suretyship Agreement is in addition to and not substitution for any prior Suretyship Agreement(s). ti ?. FIZZ, rr; C^r ':?i S ? N Q N O ^ ? y? ? ? N N a 0 a n n n ° Z W W jL t . 1 J