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KEYSTONE FINANCIAL BANK N.A.
Plaintiff
VS.
WILLIAM S. BOISVERT
Defendant
: IN THE COURT OF COMMON
: PLEAS COUNTY OF CUMBERLAND
: COMMONWEALTH OF
: PENNSYLVANIA
CIVIL ACTION LAW
CIVIL TERM 1999- 71,,I7
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, William S. Boisvert, 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: ( ( •
PA ID # 22080
KEYSTONE FINANCIAL BANK N.A.
Plaintiff
VS.
WILLIAM S. BOISVERT,
Defendant
: IN THE COURT OF COMMON
: PLEAS COUNTY OF CUMBERLAND
: COMMONWEALTH OF
: PENNSYLVANIA
CIVIL ACTION LAW
: CIVIL TERM 1999-
COMPLAINT FOR JUDGMENT BY CONFESSION PURSUANT TO
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 Judgment.
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 William S. Boisvert, with a last known address of 35 Dakota
Drive, Hanover, Pennsylvania 17331.
3. On or about October 30, 1998, Defendant, William S. Boisvert, 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 William S. Boisvery 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
William S. Boisvert, for all monies due without notice or demand.
6. Pursuant to the Guaranty, and by reason of Defendant William S. Boisvert's
default, the following amounts are currently due and owing Plaintiff Keystone Financial
Bank, N.A., by William S. Boisvert, 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 riled.
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 William S. Boisvert, and Defendant
William S. Boisvert, 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 William S. Boisvert, in the sum of $10,098.13
and all costs of suit.
Duncan & Hartman, P.C.
DATED: By:
'a A squire
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
unswom falsification to authorities.
Jack V. utchison
Sr. Vice President
Keystone Financial Bank, N.A.
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 unsworn
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.
V. Hutchison
Sr. Vice President
Keystone Financial Bank, N.A.
241-0060 FINANCIAL TRUST 837 P07 NOV 10 199 12:00
COMMERCIAL GUARANTY
OUarerlt0r: W tab oLa ed
Neamem, PA 17511
AMOUNT OF GUARANTY. This Is a guaranty of payment of the Note. Including without ilmltVMn Ufa pdroipai Note amount of Ten Thoesend 6
001100 Deltas (S10,OODU10).
the les and n o lea
GUARANTY. For good end valuable conoidaoda Inia Wittiest _0 der, S. demander (o legal ttan "of Ithe ly an United SIAM ll Ally guarantees
to pay to eetda Trust sf y ('t w custom ierrn Is la entree below) of of l.Itoyrcaw Custom 0111111013 Inc. ("Borreweery 10 Cereal an the Ierme and conditions set forth In Mb Guaranty.
DEFINITIONS. The following words shag haw the hollowing meanings when used in mss Guaranty.
Borrower. The word 'Barre r moans Showcase Custom Builders Ire,.
Guaraniar• The word "Guarantee means Wlplam S. Solsvort.
Giume'tly. The watl "Gusmntr means this Guaranty made by Guarantor for the 6enof f at Lender dated October 30, 1998•
Indebtedness. The word 9ndobleciness" means the Note, fnotudind (a)'dit prinelpat (b) all interest, (e) all late charges, (d) all loan fees and
ban charges, and (e) all collection costs and asperses relating to the Note or to any collateral for the Note. Collection cots and ecpa-M
Include without fimitatbn all of Lender's atlorneys' fees and Laidoes *1 mroanses, whether or not suit is Inslguled, and attorneys' leas and legal
mWilsos tar bankruptcy proceedings (including efforts to modify or vacate any aulomaac stay or injunction), appeals, and any antldpated
P05HUdgment collection sarncos.
Lander. The ward lender' means Financial Trust Company, its suecessas and assigns.
Note. The word -NaW moans the Promissory note or credit agreement dated October 30, 1998. In the od9lnal prittefpal amount of S10,000A0
turn Sorrowar 10 Lender, booarer with all renewals of, extensions at, modfioations at, ratinancings of. Oonsolidatlone of, and substitution for the
promissory rob or agreement. Notice to GuarentW: The Note evldenrxa a revolving line of credlt from Lender to Borrower.
Ralaltd Docuntenta. The wards "Related Documents" mean'snd Include vtithout Gmitatton all promissory notes, credit agreemebloan
eguenannha, anv'ammbantai agreamror+ts, queranttes, security agreements, mortgages, deeds of trust, and dl other hnsbuments, agreements
curranta, Whether now or hsraafier abetting, mmcutad In rbnrtsctlOn writ Ile Indehfadmss.
UTA1UatI1N LIABWTY. The maximum tlabBtry of Guarantor order this Guaranty snag not mncCed al any one ilme the amount of me
Inukbtedtxaa deltrlned above, plus elf coats and exPeasma of (al.enf0icemenl af this Guaranty and ry) collrxNOn and sale of arty collateral
secudnq this Guemrnty. :.
The e6ow fimttadon On pabplfy is not a rostrictlon on lho amount df the Indebtedness at Bartower la Lender ailher In rate aggregate or at any one time.
It Lender pmserlUy holds ono R mere guaranties, er herAsfter recetvea adddorap guamnllos ham Guarantor, Iha rights of Lander under all guaranties
dap b0 oumWatlw. Th6 Guaranty snail not (unless apeofiaaly Provided Dotow to the Contrary) atfoct or Invalltlate any such other guarani. The
fabi9ly of Gwramor witi tea the flgPagflte liability of Ouenmer under the terms of INS Guaranty and any such other unterminated guaranties,
NATURE OF GUARANTY. Guarantor intonds to guararileem ail amen the portormance, and prompt payment when due, whether at maturity or oar for
by reason of acceleration or ogwrwise, of all Indebtedness within the emits sot forth in the procoding section of this Guaranty. This Guaranty covers a
ravoMng One of credit and guarantee understands and aSprees that this guarantee Visit be open and continuous until the line of Credit Is
terminated and the Indebtedness to pad In full. as provided below.: .
DURATION OF GUARANTY. This Guam* wig take oeed when received by Lender wlduout the necessity of any accept by Lando(, or any notice
to etaram)r or to Borrower, and will continue In futl'force until tip Indebtedness shall have been fully and finally paid and satisfied and all other
obpaeaom of Guarantor under ins Guaranty shill have been pedormod In Iuat Roleese of any other granter or tMednapon of any other guaranty of
the IndebEatlneas shag not aOaci tta Iiobigty d Guarantor under tit's Guarenly. A revxatien reealwd by Lender hem any one or mom Guarantees stag
nil tined cite tlabpily of airy mmolning Guarantarc under ties Guaranty.. Thb Ouamnty rovera a revolving tine of twit am it Is specifically
anlldpaled that fiucluaUotts will occur M the aggmgale amount « Indebtednesc owing tram Borrower ro Lender. Gtute a tit specifically
not Ihla anh• garanEor'a IImII b GuxatH abet tennl ' orlry pcaat (e) tarmr'raiagan In WAritOlnig City Borrrower molt LmOer of the One
«craall. NI paymerd alt the IndefHadness In tug to kgd teelde{; ad. (e) payment In full in kgal tender err all otter obligations of Guarantor
UfVkr Bds Gdereety. .. ° i,
t`IIAHANTOA'S A(li}fpRQATION TO LE]iDERri Gwranor autl,aimq Lender, wltoul rotce « demand add loom Inserting Guarantor's
ltallW9y under this Guaanty, boor tune o time: p) iomakd'one err tttoreaddltlonM secured « unexured loans to Borrower, to Iea1o
eeridPmard « other goods to BonOwer, or o4tierwlae ro ebdend tiddltioral aeon ro BarovreR (b) ro alter, compromise, nonew, enerld.
aesew4b, of otherwise cluinge one or more times the time for payment «other terms of the Indebtedness or any vied ror tinge
ttdudlnp Increases and de0repee of the race of interest on the Indebtedness; odensidils may be repealed and may then the
odgbat loan term: (c) o tale and hold security for the paymant of gib Ouamrdy or the Indebtedness, and exchange, ertoree, waft,
soloordinde, tai or decide not to perfect, and idfdse any such security, with or wlmout the substWtan of rmw Cetiabral; (d) to release.
ypgtbr, r, Agnes trot ro we, or dad wnh any one or mom of Borrower's sureties, endorsers, or other guarantors on arry turns or In an
manner Lander may rlrooae; (e) to debrmine how, wheel and what sppllcatbn of payments and .edits shall be made on the Indebtedness:
Cl Is ep0ay such seurdty end direct the order or manner of,sale thereof, Incbding wltlout limitation, airy nonludicial mile permitted by the
Ierme of ye =&UP* segdtty apreenont of deed of trust, as Lmoer In its diseretton may detetmtrre: (a) to sell, bander. Assign. Of grant
prddpYbrn In ed or cry tied of the Irdetnednesa; and (h) to assign or Vander this Guaranty In whole or In pad.
GUMAatfOR'S FiEPAESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no roprosontatlons or agroomentl
OF any k.rd fan bwan made to Guarantor which would Oth" or quality In arty way the Mss of this Guarant/; (b) this Guam my Is executed at
Lander: FlnerSpmrIng ng ffice
Borrower, mw&uAsCustom Buudera Inc, Sliver
. S 5
210 Fad plain Street e920 Carlisle 130
Nectrenlesbrrr0. PA 17056 ab P ekvke-
µK;Mlcaufp, PA 1770 065 .
Tfm 0/ -/
241-0060 FINRNCIRL TRUST 837 P0e NOV 10 199 12:01
to-?o-?sss COMMERCIAL GUARANTY
(Continued)
Page 2
Berrawers request and not at the request of Lander, (e) Guarantor has full power, right and authority to enter into this Guaranty; (d) IN ppro istons of
tats Guaranty do not coMliot with or result in a default under any agreement of other Instrument binding upon Guarantor and do not moult In A violation
of arty law, regulation, court doerea or order apptlcable to Guarantor; (a) Guarantor has not and will nol, without the prior writ in conical of Lander,
sal, Leese, assign. encumber, hypathoate, hander, or oalerwiso dispose of all of substantially as of Guarantors assets, or arty Interest therein: (1) upon
Landoes request, Guarantor will provide to Lander financial and CrOdt information in torn acceptable to Lander, and all such financial Inforrtration
which arroney has been, and all future financial Information Which will be provided to Lender is and will be Vue and corroat In an material Map=% and
fairly present the financial condition of Guarantor as of are dalos the financial information Is provided; (g) no material advorso change has Occurred in
Guarantors financial condition since the data of the most recant financial statements provided to Lender and no avant has occurred which may
materially advorsely affect Guarantors futandal Condtdon; (h) no 111f ation, claim, Im ligation, administrative proeooding err similar action (Inducing
those for unpaid lazes) against Guarantor is pending or threatened; (1) Lender has made no rapresonlat on to Guarantor as to the creditworthiness at
Borrower; and (1) Guarantor has established adequate means of obtaining ham Borrower an a continuing basis Information regarding Borrowees
financial condition. Guarantor agrees to keep adequAldy Informed tram such means of any facts, events, or circumstances which right in any way
of act Guarantors risks under this Guaranty, and Guarantor further agrees that Lender shag have no obligation to disclose to Guarantor any Informstlen
or documents acquired by Lander in the course at as rdatlonshp, with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicants law. Guarantor weNos any right to require Lander (a) to Continue lenti money a to
extend outer aradif to Borrower; (b) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the
Indabtednoss or of any nonpayment related to any cdateral, or notice of arty action or nonacfton on the part at Borrower, Lando, any sure, andomer,
or other guarantor In Connection with the Indebtedness or In connection with axe creation of now or adaltlonal bans or obligations; (C) 0 resort for
payment or to proceed directly or at Once against any person; Including BOrrowor or any other guarantor, (d) to proceed dtroctly against or edsrat any
collateral held by Lender from" r any other guarantor, or arty other person; (e) to give entice of the forms, lime, mind place of AN pubic err or to Compl with private sal to of
Omission of alicable ny kind, or to any fimthe niform Commercial
euwith respect to any
rsuooy op ther remedy within Lando?rspowoer; or (a) to commit any ad any other
her re
mater whatsoever.
Guarantor also waives any and all lights or defenses editing by reason of (a) any •eno action" or 'anti-deficiency" Law or any Other Law which may
prevent Lander from bringing any action, including a claim for defiaioncy, against Guarantor, bofere of after Lenrlars commencement or Completion of
any foreclosure action, elther Judicially or by exorcm ofa power of sale; (b) any election Of remedies by Lender which destroys or otherwise advorsgy
affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement. Including without limitation, arty Loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or.dischamina the Indebtedness; (c) any cisabllity or other defense of Sorroww' of
any Other guarantor, or of any other person, or by raison of the cessation of Berowers aabtity from any cause whatsoever, other than payment in full
in legal tender, of the Indebtedness; (d) any right to claim dischargo of the Indebtedness on the basis of unjustified impalement of any collateral for the
Indebtedness; (a) any smtula of limitations, It at anytime any action o sult brought by Lender against Guarantor IS Commenced them Is Outstanding
Indebtedness of Borrower to Lander which is not barred by any applicable statute of limitations; or (q any defenses given to guarantors at iaW or in
oquihy other than actual payment and Performance of the Indebtedness. It payment is made by Borrower, whether vduntadly at otherwise, or by any
Hard party, on the indebtedness and thereafter Lender, is forced to remit the amount at Mat payment to 001'r0wers bustoo in bankruptcy or to any
similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indobbdnitaut shall be considered unpaid for the purpose of
enforcement of this Guaranty.
Guarantor further waives and agrees act to assort or claim at any time any deductions to the amount guaranteed under this Guaranty for arty claim of
SOW". Counterclaim, counlOf demand, =odpment or similar right whether such claim, demand or right may be assorted by the Borrower. the
Guaren1w, ce 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 fall knowledge of its significance and Consequences dad that under the circunsldrIM, Ina waivers are reasonable and net Contrary to
pubao policy or law. If arty such waiver Is determined to be Contrary to any applicable law a public policy, such Waiver shall b0 oftective orgy to the
orient pormited by law or public policy.
UENDER'S RIGHT OF SETOFF. In addition to of Lien upon and fights of sate" against the manays, securities or other property of Guarantor given to
Lender by law, Lands shall have, with rasped to Guarantor's abBgatlons to Lender under this Guaranty and to the extent permitted by law, a
contractual security interest in and a right of setoff against, and Guarantor hereby assigns, conveys, deinuars, pledges, and transfers to Lender erg of
Guarantors right, tine and Interest in and to, dl deposits, manoys, soc, Mies and other property of Guarantor now or naroanar In the possession of or
on dapasl with Lender, whether hold In a garard or special account a deposit, whether held jointly with someone else, or whatar held fa
safekeeping or otherwise, axo;Iuding however all IRA. Keogh, and trust arcouns. Every such socunly, interest and right of solo" may be a)(arciaed
without demand upon or notice to Guarantor. No security Interest m right of setoff shoe be deoand to have been waived by any act or conduct on the
part of Lander or by any neglect to exorcise such right of solo" of to enforce Such security inta=t or by any delay In so doing. Every right of setoff and
seamy interest shall continue in hull farco and affect until such right of setoff or security Interest is specifically waived a released by an InslNlasurt In
writing executed by Lender. ' '.' .: i... '
SUBORDINATION OF BORROWER'S DEBTS TO GLIARANfOR.. hGuarantor agrees that the Indobbdnass of Borrower to Lander, whether now
mLstlrg or hereafter created, stall be prior to any claim that Guarantor may new have or hereafter acquire against Borrower, whothor or not Borrower
becomes Inadvwt. Guarantor hereby expressly subordinates any,,deim Guarantor may have against Borrow, upon any account whalsoevet, to arty
claim that Lender may now er horea"er have against Borrower. In, tlho event of insolvency and consequent liquidation of the assets of Borrower.
through bankruptcy, by an assignment for this benefit d eeditars;' by voluntary liquidation, or otherwise, the assets of Borrower applicable to trio
payment of the claims of both !antler and Guarantor shag be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to
Lender. Guarantor does hereby assign to Lender all claims which it may have a acquke against Berrawor or against any ass4noe Or trustee in
bankruptcy of Borrower, provided hawavor, that such assignment shah be ofhoebve only for the purpose of assuring to Lander ha payment In legal
tenderd the Indebtedness. If Lander so requests, any notes orcredit agroomonts now or harsaftor avidencing any debts or abngaford of Bortowor to
Guarantor stag be marked With a Legend that the same are sub)od to this Guaranty and shall be delivered to Lander. Guarantor Agreed, and Lander
hereby is authormad, In the name of Guarantor, ham lime to tins to axxvte and file nrandng stafemanL and continuation statements and to execute
such other documents and to take such athor ecficro as Lender drams necessary or appropriate to parted, preserve and enforce its rights under this
Guaranty. j'
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pail of this Guaranty.
Amendments. This Guaranty, together with any Retail ad Documents, constitutes the entire understanding and agreement of the Was as to the
matters set forth In this Guaranty. No anaration of or amandnhont to this Guaranty shall be effective unless given In writing and dgnod by the party
or parties sought to be charged or bound by the albrallon or amendment. .
Applicable Law. This Guaranty ties been delivered to Lender, and accepted by Lender in this Commonwealth of Pennsylvania. It there is a
lawsuit. Guarantor agrees upon Londer's request to submit. to the Jurisdiction of the courts of Cumberland County, Commonwealth at
Pennsylvania. TWO Guaranty shall be governed by and construab in accardanca with fire laws of the Commonwealth of Panrsylvanle.
Atbmeys• Feae; Eapenaas. Guarantor, agrees to pay upon demand all of Londers Costs and expanses, including attotnays' foes and LerWar's
r
241-0060 FINRNCIRL TRUST
10-30-1988 COMMERCIAL GUARANTY
(Continued)
B37 1309 NOV 10 199 12:02
Page 3
legal exponsei, Incumd ro ranrectlon wgh lha enforcement nt this Gwmnty, Londx nreY DaY someone else to help a ns a this enry, one
Owranor ahuO paY dosh and oxpetaes of such enorcament. Cash and mgfenses indutle ?^os (and feIIncluding and efforts 10001 to day or
wheeler IX' not there h a IeWauit. illaluding agorneya' tees and legal migenses for baNlrvProY D
vocals any auomallo sUY or Injunetlon), aDPeab. and any anfrBPaled Post-lodgment edlaebon services. Guarantor oho shall pay all coud amts
and Such mdNOlal lees u maY be duecod by the court.
NOlixa. AS natkes reglLrOrl ro he given by eittrer party o Me altar under this Guaranty shall be In wrigng, may be sera by m simae (unless
tohbe overnight at the address
olhawise roquued by law), end shell be e6entWo when actualy dove p9 to whom the recognized
when depOWtad In the UNOd States mail, Slst claws Postage p ePa
shown shove or to such other addlasso, 65 either party may designee to the other in wdgng• II Ihere S more than one Guaimes es notice to any
nn
Guaranbr wpl corutiluo rrotice ro all Guarentars. For ndice purposes, Guarantor agrees to keep Lentlm inloed at all times Of f Glatenip's
clurent add S.
lowprotatfon. In all rags where there is mare than one Borrower or Guarantor, then oil words used in this Guaranty In the Singular shall be
doomed to have been used in the plural whore the conheod and construction so require; and whore there is Moro than one Borrower nantod in this and Guaranty or When thtf Guaranty IS OXOW d by more man one Guarantor, the words 'Bmower and 'Gluean a? ely 6 re6a of
ach of
any one or mare of there. The words'Guararaor. 'Borrower; and T.endal"InClUde the traits, suoce s ys, assigns, a ern. Caption I gad igs In this Guaranty are la conwnk ce purposes any and era cal o be a0d to Ino prat Or tlefine the provlslons of tfda
Guaranty. N a coud N romperont judsdc6on Suds arty provision of this Guaranty o be invalid or unenforceobo as to any person ar ckeumstaree,
Such finding star m6n?der t valrod etl IarNaliburerd arcmule a moarouYO errs or Guarantor ere eorporalbra a padnarSMPs, It hanM
In all sear respect g P rp0 ^g
r oomary for Lender to Inquuo Into Ito Powers of Harower a Guarantor rX of Ite officers, diroclors, Partners, or a9etas aeon a u rd to act
on their behrall, and anY IndObodrless made rx crdeted In regenpo upon the prafossed exorcise of such powers stroll be guarentead under this
Guaranty.
Waiver. Lender shag not be deemed to haw waived any rights under ft Guaranty unloss such waiver Is Given In waling and signed by Lender.
No data, or ornIsdon on the Part of Lender In ewrcls rig arty right shall operate as a waiver of such right or any other right. A waiver by Lander of
q prwislan of this Guaranty shag not preluNoo or constitute, a waivar of Londoes right otherwise to demand strict eompllanw with that provision or
any eater provision of this Guaranty. No prior warm by Lander, nor ant course of dealing between tender and Guarantor, shag corngtuo a
waiver of arty of Landaes dghs or of any of Guaranto('s obagagons as to any future transactions. Whenever the consent of Lander is required
under INS Guaranty, the granting of such consent by.Londer In any Instance stag not constitute continuing eonsnM to subsequera imtancas
where such consent IS required end in all cases Such consent may be granted or withhold In the Sale discration of Lender.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AuTHoRi2E5 AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR
GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND;WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR
ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE
C
INDEUMNESS HARGES, AND ANY AND TOGETHER WITH INTEREST ON SUCH AMOUNTS. TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF AMOUNTS EXPENDED OR TEN PERCENT PERCENT (
TEN (1096) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN
FIVE HUNDRED DOLLARS MOD) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY, AND FOR
$O DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY
BY ANY EXERCISE OF THAT
GRA IN
AUTHORITY; BUT THIS HALL CONTINUE FROM TI E JUDGMENT
TIE.AANND T ALL TIMES UNTIL PAYMENT ENOT BE NT IN FULL OF ALLD AMOUNTS DUE UNDER THIS GUARANTY TO CONFESS SUCH CCOONFES$U ION OFF JUDGMENT. EXCEPT ANY NOTICEEAANOIORMHEARING REQUIRED UNDER APPLICABLE LOW WITH RESPECT O
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 EXTEND TO ANY
OF GUARANTORS 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 AND PROTECTION LAW. AS AMENDED' AND THE HOLDER OF ANY JUDGMENT CONFESSED
OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE. LEVY OR
OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER. THAT THE LIEN 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 2981 TO 2866 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR
SUCCESSOR OR SIMILAR STATUTES AND RULES. NO uMRAmON OF LIEN OR ANY EXECUTION, LEW OR OTHER ENFORCEMENT
CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE
FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT.
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 TS EFFECTIVE UPON GUARANTORS EXECUTION AND SET FORTH
THE ESSECTOF THIS GUARANTY TO LENDER AND THA THE GUARANTY WL CONT INUE ION TITLED DURATION OF GUARANTY." NO FORMAL ACCEPTANCE Y LENDERL I5 TERMINATED TO MAKE THIS GUARANTY
EFFECTIVE. TFgS GUARANTY IS DATED OCTOBER 30. 11968.
THIS GUARANTY HAS BEEN SIGNED AND SFJILFU713Y THE UNDERSIGNED. .
GUARANTOR: `j
WIIWm S. B013van
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KEYSTONE FINANCIAL BANK N.A.
Plaintiff
VS.
WILLIAM S. BOISVERT
Defendant
: IN THE COURT OF COMMON
: PLEAS COUNTY OF CUMBERLAND
: COMMONWEALTH OF
: PENNSYLVANIA
CIVIL ACTION LAW
CIVILTERM 1999- 7/,p7
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 William S. Boisvert, for
damages.
Duncan & Hartman, P.C.
DATED: (( ?.a -9 1 By:
I/William A. can, Esquire
KEYSTONE FINANCIAL BANK N.A.
Plaintiff
VS.
WILLIAM S. BOISVERT,
Defendant
: IN THE COURT OF COMMON
: PLEAS COUNTY OF CUMBERLAND
: COMMONWEALTH OF
: PENNSYLVANIA
CIVIL ACTION LAW
CIVIL TERM 1999- 7/a';?
TO: WILLIAM S. BOISVERT, Defendant
You are hereby notified that on November O3 1999, judgment by
Confession was entered against you in the sum of $10,098.13 in the above-captioned case.
DATE: KV, a3
Prothonotary 14G
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
IF
I hereby certify that the following is the address of the defendant stated in the
certificate of residence:
35 DAKOTA DRIVE
HANOVER, PA 17331
Piam i.n an
Defendido/a
Defendidos/as
Usted 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