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HomeMy WebLinkAbout99-07681_I I No. 99.7Ggi civil Term ? i 4• •rp Ns, Court of Common Pleas Cumb. Co. KEYSTONE FINANCIAL BANK N.A. IN THE COURT OF COMMON PLEAS Plaintiff COUNTYO ND COMMONWEALTH OF PENNSYLVANIA VS. CIVIL ACTION LAW KATHLEEN W.LOSCHER EDWARD A. LOSCHER CIVIL TERM 1999- 74X1 Defendants CONFESSION OF J DGMENT 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 Defendants, Kathleen W. Lo cher4and Edward A. Loscher!aastfollowsagainst the Principal $19,956.39 Interest to 7-17-99 $ 820.17 Attorney's Fees $ 2,077.66 TOTAL $ 22,854.22 with interest from July 179 1999, on the principal sum of $22,854.22 at the rate of 10.00 % per annum. Respectfully submitted, Duncan & Hartman, P.C. Dated: ?ZI w By. C l William UADuncan, squire PA ID # 22080 Attorney for Plaintiff KEYSTONE FINANCIAL BANK N.A. Plaintiff VS. KATHLEEN W.LOSCHER EDWARD A. LOSCHER Defendants IN THE COURT OF COMMON PLEAS COUNTY OFCUMBERLAND 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. Defendants are Kathleen W. Loscher and Edward A. Loscher, with a last known address of 39 Greenspring Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about March 17, 1999, Defendants Kathleen W. Loscher and Edward A. Loscher, entered into a Commercial Guaranty in favor of Plaintiff, Keystone Financial Bank, N.A., in the original principal amount of Twenty Thousand and 001100 ($20,000.00) 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 parthereoL 4. Defendants Kathleen W. Loscher and Edward A. Loscher, have defaulted in this obligation under the Guaranty by failing to make their August 1999, September 1999, October 1999, November 1999 and December 1999 payment of principal and interest due thereunder. 5. Pursuant to the Guaranty, judgment may be entered against Defendants Kathleen W. Loscher and Edward A. Loscher, for all monies due without notice or demand. 6. Pursuant to the Guaranty, and by reason of Defendants Kathleen W. Loscher and Edward A. Loscher's default, the following amounts are currently due and owing Plaintiff Keystone Financial Bank, N.A., by Kathleen W. Loscher and Edward A. Loscher, Defendants. Principal Amount due to date: $ 19,956.39 Interest Accrued and unpaid through July 17, 1999 $ 820.17 Attorney's Fee's Pursuant to the terms of the Note $ 2,077.66 TOTAL $ 22,854.22 Interest accrues at a rate of $ 5.54 for each day after July 17, 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, $ 22,854.22 is currently due and owing Plaintiff Keystone Financial Bank, N. A. from Defendants Kathleen W. Loscher and Edward A. Loscher, and Defendant Kathleen W. Loscher and Edward A. Loscher, have failed to pay the amount due. WHEREFORE, Plaintiff Keystone Financial Bank, N.A. request that judgment be entered in its favor and against Defendant Kathleen W. Loscher and Edward A. Loscher, in the sum of $ 22,854.22 and all costs of suit. Duncan & Hartman, P.C. DATED: By: ` c? 111 Illiam A. Duncan, Esquire Attorney for Plaintiff VERIFICATION I, Jack V. Hutchison, hereby verify that I am an Assistant Vice President of Financial Trust Company, 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 unworn falsification to authorities. AVack. utchison Asst. Vice President Financial Trust Company CERTIFICATION OF COMMERCIAL 'T'RANSACTION I, Jack V. Hutchison, hereby verify that I am an Asst. Vice President of Financial Trust Company, and, as such, duly authorized representative of Financial Trust Corporation deposes and says subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities that the underlying transaction relative to this Complaint in Confession of Judgment is a commercial transaction to the best of his kVJaH formation a belief. utchison Ass t. Vice President Financial Trust Company =pEC 16 ? 14:49 J. 915 P03 Tw5T 0 F11?'tC1RL 241-ee6 GUARANTY > oH)4 ;tntttr COMMERC AL 4 r <. ?o??a a?M the document to an afic roan or 1 flit ItY F am or i : Lt78fl _ and da rxd 6mdtM a scab p1NANGIAL t3ANK. NA. -Ml - y WotaLendeesusn Lgtttler: ? p aROad ' "? ¢ncas In ttw shaded area 3 Came ?tl,PA 57a't gerrawef: tc?+geMod PA tr ? GU0r8010f: ?rc aid A? LOanr>N n aid A. t? Lc `a Mechsnlte wsk, A t7p66 ' is Untepyted• teenjNsToch FtN"CtALG ? tar is Unlh AN'tY. 'the ynou"1 01 7hri arld valua410 o1 N d ?Ue6tednra GS ran$. a tiab111tY of G AMaUNt OF GUAi+MITEO GUARANI tMantee and P!* eta as top"., edcx 61 GuyantY• Undo ?r ate., and nd ti in iewi _tj rider Oland oondOns ce........, ?rant'C- the when usod In trris and 5evemay ilder. to Lender on t?gm ln9• nn9s .. t„l5 GuaranH 1anMi !or wads hag Nava the taldwtnb n wa ?? the ab119atta"a of Gwua<' Etc; Int.. d A.loseher. who are si Nerch 17. t`?• pEFINITiONS. She lotlovvin9 nd Edwar yem>fit al Lander enY and aU of tiortaw?s s •r•,uatM ardY made, Guars r ve egn5o end means ?adrnW, wdhaut Ilmitaaa of Borro? ^, v ? tot She ud BOtr? t?irsarKntlus Guar n W. Lostherc mp n?ensl ? d a erontdd, t aypny, and AnlflWas tl losna. sc word ntnraY Tho wad•G??lr? bdnsa? ? used in ?ss?m„n9 or neretnaKn? ?pns. ??h tadatilodw„ gacowa? t GuarantY• ? _ ., r node. nwr__.,. rbeatadnast ?.eT: and wN?+„a M un?muredt rha Indaatadness^x?s v ,a , a?a1 msan dw Q/tyr li u Pn Cow".- Q( s aaeM1Y mop wnatsowac a., ns, fl a9 n rem. ants. lea raesi a otna w se. is and assW amssaryai„ar M9 ts. e9 a°manm and u u"eue1N or On" a' ;j'aaeobta 690W 8 now nd IMM ivtd ima^+H. 9pNK.NA^tb suxessa ppn OR "m` b cvoii?le oonn wcourd o+tnla KEYSTONE FINANCW wdt outer of trust. an d N farce mean and ` mor in t8ages. my'aatns •Tnewadland¢r' . Mau* .ayated Ooa al9 M n9ran. for so togs trd reaso" at 1Uarantr tG Lender Dooumd`h:, ? "aja?penis,tinaran r cannootion '+"a+olndoba?n? uaua tual at gzrM by . gItabM, r ras" or is thaearler nst 8l 61 Aerated nu. envuonme Wiper ecisnn9. Guaranty shallb entwahon dun, whalhnr 0t? ?ml the aarw+" Incufm locum U. Witmer now We taht" under rice t PaYm wilt danhar9 Uordb' arit its tndMdul%; . B0 our tam -...... Guaran+? -_ ..o redam5aae _and ,L;pmnn the IndebWd ladnasa wNt nt an the G!laM n ? uere!d end pUGuar 1 tuUY and fin non w) t> to rpua c this pa It Guetanta t pt W addm ?n N wl%oDWY oryp ea,new andwriha not due^and „o,ne (Tidy nai eiea+ t'iem„?ts a me tr d --..Mt or abler ...Inns in" be tm.oo) GBH rs and °? dollars am Usie to nme be 20M ?, vdnal"M . 6n set toil„ to Va Mwe actor any r ' nprw 19 agprrwrcr To %IM time at mo algraltt art amrt°°an'°as'esolthoror>t'°pv?nyealt °b?? lid ? W sec oar any Boma dod in 3., 241-0060 FINANCIAL TRUST 915 P04 DEC 16 199 14:51 03-17-1989 COMMERCIAL. GUARANTY Page z (Continued) sureties, endorsers. or other guarentars on any terms or In any manna Lender may choose; (e) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (0 to apply such sea+rlly No effect the order or manner of safe thereof, Including without limitation. arty nonjudlelal sale permitted by me terms of the controlling security agreement or deed of trial, as Lender In its discretion may determine; (g) to sell, transfer, assign, or grant participations In all or any part of the IndebtMnsss; and (h) to assign or transfer this Guaranty In whole or In pad. GUARANTORS REPRESENTATION$ AND WARRANTIES. Guarantor rapreseels and warrants to Lender that (a) no representations or agroomans of any kind have been made to Guarantor which would limit or quality in any way the terms of this Guaranty; (b) this Guaranty is executed at Sorroviees request and not at the request of Lender, (e) Guarantor has lug power, right and euthoriN to enter into this Guaranty; (d) the provisions of this Guaranty do not conflict with or reset in a default under any agreement or olhar instrument binding upon Guarantor and do not result In a violation of any law, regulation, court decree or order applicable to Guarantor; (a) Guarantor has not and will not, without the prior written consent of Lander, soa, lease, assign, encumber, hypothecate, transfor. or otherwiso dispose at al ci substantially oil of Guarantor's assetss, or any Inlaresl therein; (p upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lander, and all such financial Information which currently has been, and all rinse financial Information which will be providotl to Lender Is and will be true and correct in all material respects and fairly present Me financial condition of Guarantor as of the metes the financial In Ormilbon is provided; (g) no material adverse change has occurred In Guarantor's financial condition since the date of the most recant financial statements provided to Lander and no event ties accurrod which may materially adversely Affect Guarantees financial condition; (b) no litigation, claim, investigation, adMoistiative precaedirg or similar action finciudinp 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 0) Guarantor has aslabllshed adequate means of obtaining from Borrower on a continuing basis Information regarding Borrower's financial condition. Guardnlar agrees to keep. adequately Informed from such means of any facts, events, or circumstances which might In any way affect Guarantees risks under this Guaranty, and Guarantor further agrees that Lender shall haw no obligation to dlsclase to Guarantor any Information or documents acquired by Lender in the course of its relationship wo Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guorantor waives any, right to require Lender (a) to continuo lending money or fo extend other erodll to Borrower; (b) to make any presentment, protest, offhand. or notice of any kind, including notice of any nonpayment of the Indebtedness of of any nonpayment related 10 any collateral, of notice of any action or nonaction on the part of Borrower, Lender, any surely. endorser, or other guarantor in connection with the Indebtedness of in•connaction with the mention of now or additional Loan or obligations; (a) to resort for payment or to proceed directly or at once against any pawn, including' Borrower or arty other guarantor; (d) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor; or•any other Poisom, (e) to give rmtico of the terms, time, and place of any public or private sale of personal property security held by Lender ham Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; U) to pursue any other remedy within Lender's power; or (g) to comma any act or omission of any kind, or at any time, with respect to any matter whatsoever. , Guarantor also waives any and all righte or defonsas arising by reason of (a) arry 'one acdoa' or 'anil-degLiarla'/' law or any other law which may prevent Lender from bringing any action, Inctuding a claim for deficiency, against Guarantor, before or after Lender's commencement or eomplotion of any foreclosure selloff, either Judicially or by exercise of a power of sale; (b) any election of remedies by Lander which destroys or otherwise adversely abects Guarontar's subrogadon rights or Guarantees rights to proceed. against Borrower for relnilursemenl, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (a) Any disability or other defense at Borrower, of any other guarantor, or of any other parson, or by reason of the cessation of SamowOrs liability from any reuse whatsoever, other than payment In lull in lags tender, of this Indebtodnesr .(d) any right to claim dschargo of the Indebtedness an the basis of unjusbfled impairment of any collateral far the IndabtednmsA; (c) any statute of limitations, N at any time arty action or sub brought by Lender against Guarantor is commenced there is outstanding Indebtedness of Borrower to Lander which 0 not barred by any applicable stalute of gmlfabons; or (9 any defenses given to guarantors at law or in equity other than actual payment and pedarmanco of,Me Indebtedness. If Payment Is made by Borrower, whether voluntarily or otherwise, or by any third party, an the Indobtadriess and thereafter LondLr is forced to remit.the amount Of that payment to Borrowar's trustee in bankruptcy or to any Similar person under any federal or state bankruptcy law or law, for Iho relief of debtors, the Indebtedness shag be considered unpaid for the purpose of enforcement of this Guaranty. I •. , Guarantor further waiws and agrees not to assert or claim at any fime any doductions to the amount guaranteed under this Guaranty for any Balm of setoff, counterclaim, counter demand, raeoupmerd or, similar right,, whether such claim, demand or right may be asserted by the Borrower, the Guamrdor, or both. .. . ,; .. ^. . GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS:', Guarankir wamanti and agrees that each of the waivers set forth above is made with Guarantors fug knowledge of its sipnbiarrw and co'nsequencris and that under the circumstarms, be waivers are reasonable and not contrary to public policy or taw. If any such wahmr is determined to be contrary to any apprcablg law or public policy, such well" shall be obectiw orgy to the extent pormitted by taw or public policy., LENDER'S RIGHT OF SETOFF. In addwon to all Ilons upon and rights of salofl against the moneys, accunfies or other property of Guarantor given to Lander by Ww, Lerida shell haw, with respect to Guarantees rxxlgetions to Lander under this Guaranty and to the extent permitted by law, a contractual sectNtY interest in ands fight of setoff against, and Guarantor hereby assigns, convoys, ddivens, pledges, and transfers to Lender all of Guarantees right, bas and interest In and to, all deposits, morays, saeun m and other, property of Guarantor now or hereafter in the possession of or on deposA with Lander, whomer held In a general or, special account or deposit, whether held jointly with someone ruse, or whether held for safekeeping or otherwise, excluding however all'IRA, Keogh, and that accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to Guarantor. No Security interealor right of setoff shall be deemed to have been waived by any act or conduct on the pad of lender or by any negloat to exercise such right of setoff or to enforce such security Interest or by any delay in so doing. Every right of setoff and security interest shall congnur In tug face and affect until such right of saran or security interest is specifically walved or roleasod by An instrument in wrifing executed by Lander. i, • . SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lander, whether now existing or hereafter created, shall be prior to any claim that Guarantor may now,have or hereafter acgcire against Borrower, whether or not Borrower becomes Insolvent Guarantor hereby expressly subordinstsa'any claim Gueramor may have against Borrower, upon any account whatsoever, to any claim that Lander may now or hereafter have against Borrower. In the event of Insolvency and consequent liquidation of the as5e6t of Borrower, through bankruptcy, by an assignment for the benefit of croditon„ by voluntary liquidation, or olfxmdse, Iho assets of Borrower applicable to the payment of the claims of both Under and Guarantor shag tie paid to Lander and shag be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Londar all Wiens which it may haw or acquire against Borrower or against any asslimea of trustee in bankruptcy of Borrower, provided however, that such'assigarr ant shall be abadrvo only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lander so requests, any notes or medic agreements now or hereafter evtooincing any debts or obligations of Borrower to Guarantor shall be marked with a legend flat the same am subject to this Guaranty and shall be delivered to Lander. Guarantor agrees, and Lender hereby Is authorized, In the name of Guarantor, from bmo to time to exacutm,and file financing statement and continuation statements and to execute such other documards and to take such other actions as Lander deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. . . MISCEII ANFOUS PROVISIONS. The following miscalanobus provisions are a pad of this Guaranty: . ass Pas DEC 16 '99 14:52 241-0060 F)NRNCIRL TRUST 03-17-1999 COMMERCIAL GUARANTY Page 3 (Continued) Amendments. This Guaranty, together with arty Related Documents, constitutes the onfira understanding and agreement of the parties as to the nuftm set forth In the Guaranty. No alteration of Of amondment to this Guaranty shell be effective unless given In writing and signed by the party or parties sought to be charged or bound by the agbration or amendmont. Applkable Law. This Guaranty has boon delivered to Lender and accepted by Lender In Ina Commonwealth of Pennsytvanla. it there is a lawsuit, Guarantor egraas upon Londoes request to submit to the jurisdiction of the courts of Cumberland County. Commonwealth of PenruyNanla. Tats Guaranty shall be governed by and construed in accordance with the lows of the Commonwealth of Pennsylvania. Anorneys' Fees; Fxperi Guarantor agrees to pay upon demand all of Lender's costs and expenses, including aherneys' fees and Lender's legal expenses, incurred In connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce. Isis Guaranty, and Guarantor shag pay the posts anti expanses of such enforcement. Casts and expenses Include Landers allorneW fees and legal expenses whether or not there is 9 lawsuit, Including 8tionshre tees and lapel OVenses?n b`nntcy pr dintis (an I also ingell pay I court costs vacate any alllonuOc stay or injunetidn). appeals, and any anticipated p and such additional lees as may be directed by the court. Notices. As notices required to be given by adhor party to the other under this Guaranty shall be in writing, may be sent by tolerecslmlle (unless otherwise required by law), and, except for revocation notices by Guarantor. shall be effective when actually delivered or when deposited with a nationally recogm2od overnight courier, or when deposited in the United States mail, first crass 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. All revocation ooh= by Guarantor slag be in writing and shall be effective only upon delivery 10 Lender as provided above in the section titled 'DURATION OF GUARANTY." If there is more than one,Guamnlor, notice to any Guarantor wig constitute notes to all Guarantors. For nailed purposes. Guarantor agrees to'keep Landarlnurodd at all times of Guarantor's current address. Interpretation. In all cases where there Is mom than one Borrower of Guarantor, then all words used In this Guaranty In the singular shall be deemed to have boon used In the plural where 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 welds "Borrower" and 'Guarantee respectively shall mean all and any one or more of them. The words 'Guaranter, 9orrower; and'Londoe include the heirs, successors, assigns, and trarsfeees of each of them. Caption headings in this Guaranty are for convonionce purposes only and are not to be used to irdarprol or define the provisions of this Guaranty. If a court of competent Jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or dreur stenlce, such finding stag not rander that provision Invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty in all ether respects shall remain valid and enforceable. , II any one or more of Borrower or Guarantor are corporations or partnerships, 0 is not necessary for Lender to Inquire Into me pourers of Borrower or Guarantor or of the of lecrs, directors, partners, of agents acting or purporting to act on their behalf, and any Indebtedness made of created In reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Waiver. Lender shall not be deemed to have.wdved any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or orgy stun on the part of Lender in axmetsing any right shall operate as a walver of such right or arty other right A waiver by Lender of a provision of this Guaranty shat not prejudice or'cbnsillule a waiver of London's right otherwise to demand s compliance with that provision or any other provision of this Guaranty. No prior welter 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 Guarantees obfipahOnsas to•arry feluro transactions. Whenever the Consent of Lender is required under this Guaranty, the granting of such dement by Lander In any Instance shag not constitute continuing consent to subsequent instances where such consent is required and in an cases such cornett may be granted or withheld In the sole discretion of Lender. CONFESSION OF JUDGMENT. -GUARANTOR HE IRREVOCABLY AUTHORIZES 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 JUDGMENT ENTER AMNIEADVI ADVANCED BY BALANCE LENDER RELATING GT TO ANY COLLATERAL. INTEREST, CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR SECURING THE INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT CR'JUDGMENTS ONNE R MORE EXECUnONS MAY ISSUE IMEVENT NOT MEDIATELY SAND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHAD. BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTORSHN.L NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO 11ME 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 ANY NOTICE AND^OR?HEARING n eel el.. PF lrlr!Ai V CALLED THIS CONFESSION OF OF GUARANTOR'S ORn'S uns r,., RESIDENNTIA .. -,.. . OF RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN.TNE 13, N0.6), REFERRED TO AS THE LOAN INTEREST MD PQIOTECTION LAW, AS AMENDED, AND THE HOLOt:TI OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING At1MORITY. SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEVY OR OTHERWISE PROCEED AGAINST ANY SUCH-RESIDENRAL'REAL PROPERTY: PROVIDED, HOWEVER. THAT THE LIEN OF SUCH JUDGMENT LEVY OR SHALL PROCEED AGAINST SUCH RESIDD EN REAL r PROPERTY FROM AND AFTER THE ENTRY OF A J DGMBE PERMITTED TO ENT AS ONTE PLTED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2386 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES, NO LIMITATION OF UEN OR ANY EXECUTION, LEVY OR OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECTTO 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 18 EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLEO'DURATION OF GUARANTY.' NO FORMAL' ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED MARCH 17. - THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARANTOR: :,. 241-0060 FINRNCIAL TRUST 915 P06 DEC 16 199 14:53 03-17-1999 COMMERCIAL GUARANTY PaaA 4 LAIR PRO. Rig. U.C. PALAT.M.OIL, 90. I.*AD(p)1999CII M1o6AMeAf.lrq, A9D9DIUfflIN40.1PA-E20 BALL ETC.LNC9.=j L; ? lJ r' U s r j. all r ? oil KEYSTONE FINANCIAL BANK N.A. IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OFCUMBERLAND COMMONWEALTH OF PENNSYLVANIA VS. KATHLEEN W.LOSCHER EDWARD A. LOSCHER Defendants CIVIL ACTION LAW CIVIL TERM 1999- 71o(PENTRY 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 Defendants Kathleen W. Loscher and Edward A. Loscher, for damages. Duncan & Hartman, P.C. DATED: By: William A. Duncan, Esquire Attorney for Plaintiff r,_j i KEYSTONE FINANCIAL BANK, N.A.- PLAINTIFF VS. KATHLEEN W.LOSCHER EDWARD A. LOSCHER DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL NO. 1999-7681 CIVIL ACTION LAW PLEASE MARK THE ABOVE CAPTIONED MATTER SATISFIED AND DISCONTINUED To:---CURTIS LONrothonotary SEPTEMBER 2000 William A. Duncan Attorney for Plaintiff Y .? r Cl) r c., ;? p J