HomeMy WebLinkAbout99-07126F-I
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No. 99- ?iae - Civil Term
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KEYSTONE FINANCIAL BANK N.A.
Plaintiff
VS.
GLENN E. BRUNT
Defendant
: IN THE COURT OF COMMON
: PLEAS COUNTY OF CUMBERLAND
: COMMONWEALTH OF
: PENNSYLVANIA
: CIVIL ACTION LAW
CIVIL TERM 1999- 7/,p lo &A
CONFESSION OF JUDGMENT
Pursuant to the Warrant of Attorney contained in the aforementioned Commercial
Guaranty, the original or copy of which is attached to the Complaint filed in this action, I
appear for the Plaintiff and confess judgment in favor of Plaintiff and against the
Defendant, Glenn E. Brunt, as follows:
Principal $ 8,884.64
Interest to 11-15-99 $ 283.94
Late Charges $ 11.54
Attorney's Fees $ 918.01
TOTAL $10,098.13
with interest from November 15, 1999, on the principal sum of $10,098.13, at the rate of
10.25 % per annum.
Respectfully submitted,
Duncan & Hartman, P.C.
Dated: i a a Q BY: I/ U &3?N, ,(7._
Will' A. Duncan, re
PA ID # 22080
KEYSTONE FINANCIAL BANK N.A.
Plaintiff
VS.
GLENN E. BRUNT.
Defendant
IN '1'11@: COIIR'1' OF COMMON
PLEAS COIIN'1'Y OF CIIMIlE111,AND
COMMONWEALTH OF
PENNSYLVANIA
CIVIL AC'T'ION LAW
: CIVIL TERM 1999-
COMPLAINT
PENNSYLVANIA RULES OF CIVIL PROCEDURE 2951, ET SEQ.
Plaintiff, Keystone Financial Bank, N.A., by its attorney, William A. Duncan, files
this Complaint in Confession of.ludgmenl.
1. Plaintiff, Keystone Financial Bank, N.A., is a Pennsylvania banking
Corporation existing under the laws of the Commonwealth of Pennsylvania, with its
principal place of business located at 1415 Ritner Highway, Carlisle, Cumberland County,
Pennsylvania.
2. Defendant is Glenn E. Brunt, with a last known address of 9 Hilltop Circle,
Carlisle, Cumberland County, Pennsylvania 17013.
3. On or about October 30, 1998, Defendant, Glenn E. Brunt, entered into a
Commercial Guaranty in favor of Plaintiff, Keystone Financial Bank, N.A., in the original
principal amount of Ten Thousand and 00/100 ($10,000.00) Dollars. A true and correct
copy of the Guaranty, which contains the Warrant of Attorney upon which this judgment
is confessed, is attached hereto as Exhibit "A" and is a part hereof.
4. Defendant Glenn E. Brunt, has defaulted in this obligation under the
Guaranty by failing to make his August 1999, September 1999 and October 1999 payment
of interest due thereunder.
5. Pursuant to the Guaranty, judgment may be entered against Defendant
Glenn E. Brunt, for all monies due without notice or demand.
6. Pursuant to the Guaranty, and by reason of Defendant Glenn E. Brunt's ,
default, the following amounts are currently due and owing Plaintiff Keystone Financial
Bank, N.A., by Glenn E. Brunt, Defendant.
Principal Amount due to date: $ 8,884.64
Interest Accrued and unpaid
through November 15, 1999 $ 283.94
Late Charges $ 11.54
Attorney's Fee's Pursuant
to the terms of the Guaranty $ 918.01
TOTAL $ 10,098.13
Interest accrues at a rate of $2.53 for each day after November 15, 1999 that this
indebtedness remains unpaid.
In an event of a petition to strike or open this judgment is filed.
Plaintiff Keystone Financial Bank N.A., reserves the right to have interest and
attorney's fees brought current.
7. There has been no assignment of the Guaranty.
8. Judgment has not been entered on the Guaranty in any other jurisdiction.
9. Pursuant to the Guaranty, $10,098.13 is currently due and owing Plaintiff
Keystone Financial Bank, N. A. from Defendant Glenn E. Brunt, and Defendant Glenn E.
Brunt, has failed to pay the amount due.
WHEREFORE, Plaintiff Keystone Financial Bank, N.A. request that judgment be
entered in its favor and against Defendant Glenn E. Brunt, in the sum of $10,098.13 and
all costs of suit.
Duncan & Hartman, P.C.
DATED4 By:
Ailliam ?i
_. _ bi
VERIFICATION
I, Jack V. Hutchison, hereby verify that I am a Sr. Vice President of Keystone Financial
Bank, N.A., that I make this verification being authorized to do so, and the facts set forth in the
foregoing Complaint are true and correct to the best of my knowledge. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Jack V. Hutchison
Sr. Vice President
Keystone Financial Bank, N.A.
F-1-
CERTIFICATION OF COMMERCIAL TRANSACTION
I, Jack V. Hutchison, hereby verify that I am a Sr. Vice President of Keystone Financial
Bank, N.A., and, as such, duly authorized representative of Keystone Financial Bank, N.A.,
deposes and says subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities that the underlying transaction relative to this Complaint in Confession
of Judgment is a commercial transaction to the best of his knowledge, information and belief.
JV. Hutchison
Sr. Vice President
Keystone Financial Bank, N.A.
241-0060 FINRNCIRL TRUST 837 P04 NOU 10 199 11:55
COMMERCIAL GUARANTY
Gumittar. GlermE.Brumf
a Mlltop circle
.
Cantata. PA 17615-9766
AMOUNT OF GUARANTY. This Is a guaranty, of payment of the Note, Including without limitation the principal Note amount Of Ten Thousand 0
o0n00 Dolled (110,000.00).
GUARANTY. For good and valuable consideration, Gfenn I- Brunt (-Guarantor') absolutely end unconditionally guarmlaes and promises to
pay to Financial Trust Company ("Leridar) r He anon, on demad. In legal tender of The united States of America, the Indebtedness (es that
lard Is deflned below) of Showcase Custom Builders Inc. ("Borrower-) to Lender an the terns and conditions set forth in into Guaranty.
DEFINITIONS. The faaowin0 words shall have the Wowing meanings when used In this Guaranty:
Borrower. The word'Borrowee =am Showcase Custom Builders Inc..
Guarantor. The word 'Guarardoe moans Glonn E. Brunt.
Guermty. The word 'Guaranty' moans this Guaranty made by Guarantor for the banofit of Lender dated Oetober 30, IM.
Indebtedness. The ward "Indebtadness' means the Nato, including (a) all principal, (b) all interest, (c) all late charges, (d) all loan fees and
loan changes, and (e) all collection casts and expenses relating to the Note or to any collateral la MO Note. Collection costs and expenses
Include without limitation at of Lender's atfomeys' lees and Landers legal ulponses, whether or not sWt Is instituted, and allmTle ' logs and legal
dspertsea for bankruptcy proceedings (includrp ghats to modhy or vacato any automatic stay or Injunction), appeals, and any anticipated
pmHudgmad coluotian sorvbes.
Lender. Tho word'Lendar" means Fnancia) Trust Company, its successors and assigns.
NOW. The word'NotO" means the promissory note or credit agreement dated October 30, 1958, in the Original principal amount of S10,00o.ou
nom Swrowr to Lender, togettar with all renmvab of, o3densions of. modifications of, refinancings of, consolidations Of, and substitutions for the
promissory note or agreement. Notice to GUww tor. The Note evidences a revolving Ifoe of credit from Lender to Borrower.
Related Documents. The words 'Rotated Oocumente mean and include writhed 6ndletion all promissory notes, credit agreements, ban
agreements, environmental agreements, guaranties, soeaity agreamard5, mortgages, deeds of trust, and all otter instruments, agreement, and
documents, whether now or herea0ar existing, executed in connection with the Indablednoss.
MAXIMUM LIABILITY. The maximum Ilabllhy of Guarantor under this Guaranty 'shall not exceed at any one time the amount of the
Irdebtedriess described above, plus all coats and expenses of (a) enforcement of this Guaranty and (b) collection and sale of any collateral
securing cote Guaranty.
The above 6rnitallon an liability is not a reshiction on The amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one tome.
If Lender presently, holds aria Or more guaranties, or hereafter reraivas additional guaranties from Guarantor, true rights of Lender under all guaranties
shag be cumulative. This Guaranty shall not (unless speacally proWded below to the contrary) affect r invalidate any such timer guaranties. The
liability of Guarantor will be the aggregate Ileblhty or Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
NATURE OF GUARANTY. Guarantor Intends to guarantee 'at tip tomes the performance and prompt payment when due, whether at maturity or earlier
by reason of accelemaon or otherwise, of all Indebtedness within the limits set forth in the proceang sodon of this Guaranty. This Guaranty covers a
revolving Una of credit and guarantor undarxtamts. and agrees That this guarantee shall to open and eordinuous until the fine of credit Is
terminated and the Indebtedness la paid In full. as provided below.
DURATION OF GUARANTY. This Guaranty will take ollect whon received by Lander without the rerassity of any acceptance by Lender, or any notice
to Guarantor or to Borrower, and will continue in fug tome unlit all Indebtedness shall have been fully and finally paid and sagsffod and all outer
abggations of Guarantor under this Guaranty shall have been performed in full. Release of any agar gtamnlar or tennin0on of any other guaranty of
the Indebtedness shag not affect the rrabilily of Guarantor under this Guaranty. A revocation received by lender from any ono or mare Guarantors shah
not affect the liability of any remaining Guarantors Under this Guaranty.. Thte Guaranty covers a revolving Itne of credit and it Is spal ically
onDelprded Mid ftuduahons will occur In the aggregate ae0um of Indebtedness Owing tram Borrower to Ldnafer. Guarador, sped0emy
fhb Guaranty. that DUcluallonG in The arrount of Indebtedness, even to zero dollars ($ 0.00). shall not consiltute a termindeon of
OcrGuar (b) pGuar rd or b the Indebtedness Under a 9 te ns fun Guaranty "t terminate only upon (a) termination in writing by Borrower and Lender at the line
of credit, rata Guaranty. lender, end (c) payment In kill fit legal tender of all other obngalon s of Guarantor
GUARANTORS A(RHORIZATION TO LENDER. Guarantor authorbms Lender, wlthoul notice or demand and whiteout laaserlIng Guaraltoc'm
IlatAlUy under mid Guaranty, from Um* to tuft: (a) to males one or star additional seared or unsecured loans to Borrower, to base
equipment or Omer goods to Borrower, or otherwise to extend adc9tional credit to Borrower; (b) to and, rarmproal refte r. extend,
accelerate, or otherwise change one or more limed the lane for payment or other terms of tiro Indebtedrie= or any part of an
IrdebluWneas,
Including increases and decreases of the rate of Interest on the Indebtedness; extensions may be repealed and may be for forger than the
original ban term; (c) to We and hold security far the payment of this Guaranty or the Indebtedness, and exchange, enforce, walv%
subordihale, fall or decide not to perfect, and release sly duch'seetsity, with of without the substitution of now collMarN; (d) to release,
aubal hrif, agree not to sue, or deal vans any aria or more of Borrower's eurelles, endorsers, or other guarantors an airy terms or In any
manner Lander may &.case; (e) to determine how, when and what application at paym ins and credits shall be made on the Indebtedness;
(n to apply wall w urlty and direct me order or manner of sate (hereof, Including wlmal Ilm11300n, any non)udiclal data permitted by the
terms of On Controlling security sf7eament or deed Of triad, as Lender In Its dturetlon may determine; W to see, leanlufer, sludge, or gram
parUctpsaws In all or any pat of the Indebtedness; and (h) to assign or transfer this Guaranty, hIn whole or In part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no reprosoNations or Agreererns
of dry kind have been mule to Guarantor which would limit or qualdy in any way the loans of this Guaranty; (b) this Guaranty is executed at
Borrowers request and rot at the request of Lender; (c) Guarantor has fug power, right and audrily to enter into this Guaranty; (d) the provisions of
Borrower: Showcase Custom Guilders Inc. Lender; Financlal TrUSI Company
210 Fast Main Street Silver Spring Office
Mechanicsburg, PA 17055 6670 Carlele Pike, Suite 170
Mechanicsburg, PA 17055
241-0060 FINANCIAL TRUST 837 P05 NOV 10 '99 11:57
COMMERCIAL GUARANTY P°ae 2
1'1 (Continued) nt or
imlrumont this Guaranty do no) confibt wan or result ader adefault W under 1100 (o) Guararhta N16 not andn a ad wiYauutat Guarantor wroaten anent of tender,
of arty law,Iop =seen, mcourt be ,ease or otherwise dispose of all or substantially all of Guaranies assets, or any Interest therein; (f) upon
aeon, base, , nwmoar, It pathoca rovic la, transla,
InformatIon in form forided to Lander Is WEI by true nand =meet In au material Mead$ and
nthr has do to Lands financial and wia credit
Lenders request,
which Curcontly has bean, and sl Droddp lutes flannel information mation which we too p D
takty present tin, Unathdsl condition of Guarantor as of the ,etas the tinendal indnvmalbn is provided; (9) no mAlorlal adverse charge has occurred In
Guarantors Menial cord tlon since the dab of the moat receo finatla claim, roves provided admintib to Leer d r and pr naoe vents similar has Occ rred which may
thou ry, adversary ailed Guarantors t 15 condition; ( Bba Borrowers
those for unpaid tame) Against Guarantor r B pending or a threatened; (11 Lander has made no reppssntatlon ro Guarantor as to the creditworthiness of
Bonower, and 0) Guarantee has estabfshod adequate means Of obtaining from Borrower an a rontirhWng basis Information regard q
financial wnditlon. Guarantor agrees to keep adoquarely informed from such means of any facts, events. hoof Circumstances which r any Infanym way
affect Guarantors risks under in the c o bras of as relationspawBorrower. agrees that arder shall have no obhga' and Guarantor further or doWrtrartt5 acquired bV?m? or to
GUARANTOR'S WAVERS. EzcOPI as prohibited by Applicable law, Guarantor waives any right to rend, Lander (a)ges of nybro?PaYment of the
tin Including extend other credit to Borrower; (b) to make any prasantmem. Protest, demand. or nda8 of Y
Indebtedness or of any nonpayment related to any co Wterar, or notice of arty action or nonaction on the part, of Borrower, Lender, any SLIP) H endorser,
or orbs guarantor in connection whir the Indebtedness or In connection with the creation of now or additional loans or obligations; (G) to resod for
payment or to proceed daoaay or at Once against any person, including Barowor or any other guarantor; (d) to proceed directly against or exhaust any
collateral bald by Lander from Bormwer.' any other guarantor: Or any ether person; (a) to give any ? at of t terms, me. and the ace of Gam bblicof
private sale of personal property seaaay held by Lander from BonOwor of to comply or io at arry e; o of hme• with m Cam to any
Code; (1) to pursue any other remedY within Lenders power; or (g) to comma any ad or omission or any kind, taped
matter whaldaever. or "
and
cleffela Guarantor also wolves eery and as rights a deform adsing by reason of (a) any ,tba? or aver Lo dogs ctaw am or any other lawmpbhon ayf
prevent Lander from bringing any action. Including a claim for deficiency, against
any foreclosure action, other judicially or by omn;an of A power of saki; (b) amy clod orl of emedies by Lander which destroys or otherwise advasofy
tubes Guarardors subrogation rights or GuamnWs rights. to Pracoad against Borrower for reimbursement, including without initiation, Any Ions of
rights Guammor may surer by reason of any law limiting, quala", or dscharaing the Indebtedness; (c) any disability or other defense of Borrower, of
any other =0 antor, or of any Ganef person, or by reason of the C03530 0 of Bar ewers liability from any cause whatsoever, Other than payment in ha
in legal teof the Inde idadnnsa; (d) any right to claim discharge of the Indob ess on abasis ?Gmacerate It epoairt?d Ihereciala?l f dihe
law or In
indebtedness- (a) any statute of Imitations, t at any time any action or suit brought by Lander equity Qa i other ar ta Borrower
e or by any
actual payment b n and pteAOrrtanr not oboned by am f tha Indebtedrass. statute of Is madw by :Borrower andefames Ivan to y voluntarily guarantors at
equity than actual taorne of to any
debtors, the Indebtedness shat eb consideredu npaid ro Purpose of
third parry, on the r any nWUptc/ Lander or law l?a the relief reand-tho amount of that
slmtarlaersonurid under ny hdlederai or slats enforcement of fibs Guaranty.
Guarantor further wahw and agrees not to assert or claim at errryy time any deductions to ft amount guaranteed under this Guaranty for art/ claim of
setoff, counterclaim, counter demand, recoupment or almgar..rigthr,'whethef such dalm, demand or right may be asserted by t Borrower, the
Guarantor, or both. -
ad not contrary to
wahh Guarantees lull knowledge of its significance and consequaraas and that Guarantor nder the?circand umsgtances,hthe WaNDrshare reasonable forth
public potcy. or law. If any such waiver Is determined to be contrary to any appl'hcablo law or public policy, such walver shell be affedtve any to the
' ;. . ? .
extend permitted by law or public policy.
LENDER'S RIGHT OF SETOFF. In addition to all Iona upon an,:ng its at soton against the moneys, socudfies or other property of Guarantor given to
Lander by law, Lander shall have, with reaped to au des ablgatwhis.td Lander under this Guaranty and to the extent permitted by law, a
contractual Guarantee rightmya'aeinand inleresline ditto, all dephaib.tmoaaYsI socudtiash and other property of uardeth an w now or hcrealtar In the posaMlon of or At and Guarantor
someone
with
tia d
else an deposit w at uamr howevaer aB IRA , alts 9Itnd t??ount . livery such security Interest and right of salat may bawhether e taheld for
without aamend upon or notice to Guarantor. No security Imorost a tight of Baton shat be doomed to haw ?n na by any ad or co a uctot a the
part of Lander or by any raWact to exerobo such right of left or to artaea such security interest or by any y doing. Every right sacuMy kttare t shat continue in fu4 fort.,, and otlaGl untdsuch light d setoff or seruriy Interest is specifically wolved a released by n Instrument In
wrong executed by Lender. . ' .. i.-! . ?71: , . t
a... o; Al. SUBORDINATION OF BOnROWER'S DEBTS TO'Gl1ARANTOfi.'IGuanrtcr a9n!as. tint the Indebtedness of Borrower to Lender, whether now
erdsting or haraatlar ,xwabtl, shat be prior m ray ctaim.mat •Gpaiemor may now have or horoafbr acquire against Borrower, wnsthor or not Bonuwer
becomes insolvent Guarantor hereby expressly subordinates any.dalm Guarantor mpy haw again! Borrower, upon any account whatsoever, to any
dalm that Lander may now of hereafter have against Borrower. -In t OVOnt oar camequont
hanvise, the ag assets of of the ar uds otw, pplic through bankruptcy, by an assignment for the benefit of creciltorS M un? tig Lands s the f Bobtedn0a5 of able the
payment of the claims of both Lander and Guarantor shall be paid to Lender and be fkst applied by trusloo Lender. Guarantor does hereby assign to Lender all dales which It may have or acquire Against Borrower ? in t AMer assignee tin m legal
bankruptcy of Borrower, provided howavor, that such gasighmali. sfieA tea oaoctive only for papas
tender Of 11 debbodritas. If tNs Gus and shhaA eandehevidencing any debts or wred to ender. Guarantor ? of anLender
elAgad trial se n shOlaat loa e
Guarantor shall be marked wishhe the o are Ga hereby Is authorlmd, in mo name of Guarantor, from time to time to execute and file firmnd ?6laa tomeen ?ndd confirmation n?rn nt and to dexec er tie
such other decumonis and to lake sueth at actions as Lender deems. nocessay • ApWOP
Guaranty. _.,
MISCELLANEOUS PROVISIONS. The following miscdlanopus provislons am a pad of this Guaranty:
Amendments. This Guaranty, togetr with any Related Documents, constitutes the entire undersbnding and agree mant of the parties as to the
maters Set forth In this Guaranty. No Alteration of or amendment to this Guaranty shag be effective unbss given In writing and signed by the party
or parties sought to be charged or bound by the ateration or amendment :1
Applicable Law. This Guaranty has bean delivered to Lamar and accepted by Lander in the Cammomvealth of Pormaywards.
Commonwealth If them 1 of
lawsuit, Guarantor Agrees upon Londars request, LO submit to the Jurisdiction of the clouds of Cumbedand County,
Pennsylvania. This Gum* shag be oovarmad by and cerhsbued In 6=11100e with Aria laws oft Cammanweath of Pennsyhvania.
Allameya' Fees etpenses. Guaramlar agrees to pay upon demand all of Lenders casts and exteensos, inerbding aeormys' twos and Lenders
legal ahgronsho, Incurred in connection with the ardardirnt of. this Guaranty. I Lander may pay someone also to help enforce this Guaranty, and
241-0060 FINANCIAL TRUST 837 P06 NOV 10 199 11:58
1:1998 COMMERCIAL GUARANTY Page 3
(Continued)
es fees
proeoodO (Att an«d d'udirlg a arts to expenses
legal Gummor SW pay the costs and o*ansvs of such ardormand malnntt. c5b ffin fa once Includi)
whether or not there is a lawsuit, Including at h'1071' ? Guarantor also shah pay an coon costs
vaaala any automatic stay or Injunction), appoais, and any anticipated Post-{udgmaM collection saNres•
and such addlhorsd loos as may be directed by the court.
Nollcm Ali helices required to be given by either party to the other under this Guaranty shay be in writing, may be sent by tolefaaJmile (u tress
otherwise required by law). and shall be effective when actually delivered or when deposited with a nationally reaognlaad overnight courier, or
when deposited in the united Stales mesa, first class postage prepaid, addressed to the party to whom The notice la to be given at the address han am shown above or to such other addresses as either Party may designate to the other In writing. II there ra19 mar informed at Guarantor, notice Guarantor
Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep
current address.
Interpretenon. In ad CAWS whore thane is moto ten one Borrower or Guarantor, then an words used In thls Guaranty in the singular shag be
doomed to have boon used in the Plural where the coMwd and coestruction so require; and whore these is more than are Borrower named In this
Guaranty or when this Guaranty is emcutad by more than ore Guarantor, the words'Sorrowsx- an Guaarantor- necdfi el ahal] a a A a of
trareffereas of
any one or more of them. The ivorrS'Guarantor; Somowor; and 'Lander lndude the hairs, supossfars, assigns,
them. Caption headings In this Guff4W ere for comerianco purposes onty and are not to be used to Interpret or define the provisions of t es
Guaranty. If a mud of competent ludsdictwn finds any provision of hiss Guaranty to be InvaBdoor any poison all M this Gueeanty
such finding shag not render that provision invalid or unenforcoable as to arty other persons
in all other respects shall remain valid and enforceable. It any one or more of Borrower or GuaraMw are Ce, orations or partnerships, Is not
act
rhacessary for Lender to Inquire true, the powere of Borrow or Guarantor or of the of cats, directors, partta". age acting purporting to
an Ihau behalf, and any Indebtedness made or created In reliance upon the professed exercise of Such pis shall be, guaranteed under this
Guaranty.
Walver. Lender shag not be doomed to have waived any rights under this Guaranty unless such ware is 'gh'en in writing and signed by Lander.
No May or omission on the pad of Lander in aYardsing any right shall operate as a waiver of such rig or any other right. A waiver by Lander of
a provision of this Guaranty snag not praludice or constitute a waiver of Landers right otherwise to demand strict Compliance with that provision or
arty other provision of this Guaranty. No prior warveroy,Lender, nor arry course of dealing between Lander and Guarantor, shall consmuta a
waiver of arty of Landers rights or of tiny of Guarantor's obligations as to any future.tavuctiom. Wherever this consent of Lander is required
under this Guaranty, the granting of such consent by Lander In any hslanae Shan not constitute continuing consent to subsequent Instances
whore such consent is required and in all rases such consent may be granted Of withheld in the sole disarotion of Lander.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY ?IRREVOCCABLY?ALLITHORl2ES AND EMPOWERS ANY ATTORNEY OR THE
_ _ _ r,evh venue M ELSEWHERE. TO APPEAR AT ANY TIME FOR
GUARANTOR AFTER A DEFAULT UNUen alb laL IT, Amu r..... r.. ••••••- _. .
ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY. ALL ACCRUED INTEREST. LATE
CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF
TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN
FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR
SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY
GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND ATALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS WITH SAN NFEGSSION OFR HEREBY
UD? PTT, EAIVES ANY RIGHT XCEPT ANY N r:r;E GUARANTOR HEARING REQUIRED UNDER A PUCABLE LAAWNWITH RESPECT ANY TO MAY HAVE TO NOTICE OR TO A HEARING IN 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. THE
LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EMEND TO ANY
OF GUARANTOR'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30. 1974 (PA. LAWS
13. NO. 6). REFERRED TO AS THE LOAN INTEREST ANDPROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED
OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEVY OR
OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE WEN OF SUCH JUDGMENT
SHALL EXTEND TO SUCH RESIDENTIAL REAL PROPERTY AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO EXECUTE, LEVY OR
PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY FROM'AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION
407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2961 TO 2066 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR
SUCCESSOR OR SIMILAR STATUTES AND RULES. NOcun1?ieolvwRH OR ANY OANYJ EXECUTION. OBTAINED OTHER THAN BY THE
FOREGOING AUMORITy 70 CONFESS -j
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ'ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
ANO
TERMS. IN ADDITION, EACH GUARANTOR UNrimsTAHM THAT.THIS GUARANTY is EFFECTIVE UPON GUARANTOR'S FAECE RTH
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FO
IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY 13 DATED OCTOBER 30. 7990....,. i" .
THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GUARANT
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KEYSTONE FINANCIAL BANK N.A.
Plaintiff
VS.
GLENN E. BRUNT
Defendant
: IN THE COURT OF COMMON
: PLEAS COUNTY OF CUMBERLAND
: COMMONWEALTH OF
: PENNSYLVANIA
CIVIL ACTION LAW
CIVIL TERM 1999- 7/cZlo
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of Plaintiff, Keystone Financial Bank,
N. A. and enter judgment for Plaintiff and against Defendant Glenn E. Brunt, for
damages.
Duncan & Hartman, P.C.
DATED: By;
William A. can, Esquire
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KEYSTONE FINANCIAL BANK N.A.
Plaintiff
VS.
GLENN E. BRUNT,
Defendant
TO: GLENN E. BRUNT, Defendant
: IN THE COURT OF COMMON
: PLEAS COUNTY OF CUMBERLAND
: COMMONWEALTH OF
: PENNSYLVANIA
: CIVIL ACTION LAW
CIVIL TERM 1999-
You are hereby notified that on November -23 1999, judgment by
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Confession was entered against you in the sum of $10,098.13 in the above-captioned case.
DATE: `/loV. a31 1999
/S/ /&?6 ALO i11
Prothonotary//c)6
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
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA, 17013
717-249-3166
? C-V
I hereby certify that the following is the address of the defendant stated in the
certificate of residence:
9 HILLTOP CIRCLE
CARLISLE. PA., 17013
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efendido/a
Defendidos/as
Uated esta siendo notificado que el
(day) de
(month) del 1999, se anoto en contra suya un fallo por
confesion en la suma de $ en el caso mencionado en el epigrafe.
FECHA:
Prothonotario