HomeMy WebLinkAbout01-2396KEYSTONE FINANCIAL BANK N.A.,
now by merger, M & T Bank
Plaintiff
VS.
GREAT LOCATIONS, INC.,
IN THE COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
COMMONWEALTH OF
PENNSYLVANIA
CIVIL ACTION LAW
Defendant
CIVIL TERM 2001 _. ..¢ _
CONFESSION OF JUDGMENT
Pursuant to the Warrant of Attorney contained in the aforementioned Promissory
Note, the original or copy of which is attached to the Complaint f'ded in this action, I
appear for the Plaintiff and confess judgment in favor of Plaintiff and against the
Defendant, Great Locations, Inc., as follows:
Principal Amount due to date:
$ 156,358.09
Interest Accrued and unpaid
through April 14, 2001
$ 3,863.58
Late Charges $ 2,512.80
Attorney's Fee's Pursuant
to the terms of the Note
$ 15,635.80
TOTAL $ 178,370.27
with interest from April 14, 2001, on the sum of $178,370.27 at the rate of 9.00 % per
annum.
Respectfully submitted,
Duncan & Hartman, P.C.
Dated: ~.~ ~3~ ~{ By:
William A. Duncan, Esquire
PA ID # 22080
Attorney for Plaintiff
KEYSTONE FINANCIAL BANK N.A.,
now by merger, M & T Bank
Plaintiff
VS.
GREAT LOCATIONS, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
COMMONWEALTH OF
PENNSYLVANIA
CIVIL ACTION LAW
CIVIL TERM 2001
COMPLAINT FOR JUDGMENT BY CONFESSION PURSUANT TO
PENNSYLVANIA RULES OF CIVIL PROCEDURE 2951, ET SEQ.
Plaintiff, M & T Bank, formerly, Keystone Financial Bank, N.A., by its attorney,
William A. Duncan, files this Complaint in Confession of Judgment.
1. Plaintiff, M & T Bank, formerly 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 Great Locations, Inc., with a last known address of 3712
Market Street, Camp Hill, Cumberland County, Pennsylvania, 17101.
3. On or about August 30, 1999, Defendant, Great Locations, Inc., entered into
a Commercial Guaranty in favor of Plaintiff, M & T Bank, formerly Keystone Financial
Bank, N.A., in the original principal amount of Two Hundred Twenty-five Thousand and
00/100 ($225,000.00) 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, Great Locations, Inc., has defaulted in this obligation under the
Guaranty by failing to make their February 2001, March 2001 and April 2001, payments of
principal and interest due thereunder the terms of said Guaranty.
5. Pursuant to the Guaranty, judgment may be entered against Defendant
Great Locations Inc., for all monies due without notice or demand.
6. Pursuant to the Guaranty, and by reason of Defendant Great Locations, Inc.,
default, the following amounts are currently due and owing Plaintiff M & T Bank,
formerly Keystone Financial Bank, N.A., by Great Locations, Inc., Defendant.
CERTIFICATION OF COMMERCIAL TRANSACTION
I, John P. Stover, hereby verify that I am a Loan Workout Officer, ofM & T Bank, and,
as such, duly authorized representative ofM & T Bank, 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.
Jo /P~'~ver
I, ~OI-IN P. STOVER, horeby verify that I am a Special A~ets Loan Workout Officer,
for M & T Bank, 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. ! understand
that false statements herein arc made subject to the penalties of 15 Pa. C.S. Section 4904
relatin8 to unswom falsification to authorities.
r Special Assets Loan Workout Offilcor
M& TBank
COMMERCIAL GUARANTY
............. j ........................ : .............. ..... ......
, R~ i~ ~ s~ ~ ~ ~r ~nd~s ~e only end do not limit t~ appli~bgt~ of th~ ~ument to any p~
ao~ower: ~ M.~ Lender: K~ST~E FIN~CI~ B~K, N~.
~ L. ~ ~mp ~11
~ ~-~mu~ D~e 4~1 Td~le R~
~g, PA 1~1~ ~p ~11, PA 1~11
Guara~r: G~ L~
~1 ~ S~
AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited.
CONTINUING UNJJMITED GUARANTY. For good and valuable consideration, Great Locations, Inc. ("Guarantor") abs~utety and
uncomittionalty gl~,,,=,tees and promises to pay to KEYSTONE FINANCIAL BANK, N.A. ('Lander") or its order, In legal lender of the United
Stole~ of America, lite Indebtedr~m;~s (as that term Is defined below) of Seam M. BarowslrJ and Cindy L. Barowaid ("Borrower"), or either or any
of them, to Lender on the terms and condittono set todh In thIs Guaranty. Under thIs Guaranty, the liability of Guarantor Is unlimited and the
obligations of Guarantor are continuing.
DEFINITIONS. The following words shall have the following meanings when used in this GUmanty:
Borrower. The word ~orrower" means Seen M. Barowski end Cindy L. Barowski.
Gumantor. The word "Guarantor" means Great Locations, lea..
Gueraofy. The word "Gueranty' means this Guaranty mede by Guarantor for the benefit of Lender dated August 30, 1999.
ledeoferlne~q. The word "indebtedness' is used in its moot comprehensive sense and means and inoludes any and ell of 8ea'ower's liabilities,
obligations, debts, and indebtedness to Lender, now extsti,~g or hereinafter incur~:l or created, including, without limitation, all loans, advances,
interest, coots, debts, overdmit indebtedness, credit card indebtedness, lease obligations, other obligations, and liabillil~ of Borrower, or any of
them, and any present er future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntsdiy or involuntarily
incurred, due or not due, absolute or contingent, ilquidetod or urdiquidatsd, determined or undetermined; whether Borrower may be liable
individually or jointly with others, or pdmadiy or eacondedly, or as guarantor or surety; whether moovery on the Indebtedness may be er may
become barred or ucenforceable against Borrower for any reason whatsoever, and whether the Indebtodns~s arises from transactions which may
be v~dable on account of intency, insanity, ultra vires, or otherwise.
Lerl~or. The word -Lender' rua~ns KEYSTONE FINANCIAL BANK, N.A., its successors and ea~,gns.
Related DoczJments. The words "Related Documents" mean and include without limitation ali promisso~ notes, credit agreements, loan
agreements, envtreomentel agreements, guaranties, s~cu~ity agreements, mortgages, ~ceds of trust, and all other insbumanis, agreements and
documents, whether nc~v or hem~iter existing, e,~ecuisd in connection with the Indebtedness.
MAXIMUM LIA61LITY. The maximum Itothllty of Guararttor under this Guaranty shall de unllmitecl.
NATURE OF GUARANTY. Guarantor's liability under this Guaranty shall be open and eanilnuoas for so long as this Guaranty remains in farce.
Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at metodty or earlier by reason of accelen~tion or
ofhe:wiea, of afl Indebtedness. Accordingly, no payments made upon the Indebtedness will discharge or diminish the continuing labi!~ty of Guarantor
in connection with any remaining portions of the Indebtednsas or any of the Indebtedness which subseduentiy arises or is thereafter incurred or
contracted.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, er any notice
to Guarantor or to 8errower, and will continue in full force until all Indebtedness incurred er conlrectsd before receipt by Leader of any notice of
revocation shall have been toffy and finally paid and eaasfled and ell other obligations of Guarantor under this Guaranty shaft have been performed in
full. If Guarantor etsuts to revoke this Guaranty, Guarantor may only do so io writing. Gueraofer's written notice of revocation must be marled to
Lender, by c~,'~isd mall, at the address of Lender listed above or such other place as Landis' may desigrmts in wdUng. Written revocation of this
Guaranly will apply only to advances or new Indebtedness ereated after actual receipt by Lender of Guarantor's written revocation. For ti~s purpose
and without limitation, the term "new Indabteduess" does not icctuds Indebtedness which at the time of notice of revocation is conUngent, uniiquidated,
undetem~ned'or not due and which later becom~ absetote, liquidated, detem~iued er due. This Guaranty will conlthua to bind Guarantor ~ all
fndebtedneas incurred by 8mrower or committed by Lender prior to receipt of Guarantor's w~ten notice of revocation, including any extensions,
renewals, subslitutions er modifications of the Indebtedness. All renewals, extensions, substitutions, end modifluatiooo of the Indebtedness granted
after Guarantor's revocation, are contemptated under this Guaranty and, specifically wllJ not be considered to be new thdebtsdnsas. This Guaranty
shaft bind the eofate of Gueranter as to Indebtedness created both before and after the death or incapacity of Gueranter, regerdlens of Lender's actual
notice of Guarantor's death. Sub]oct to the foregoing, Guarantor'S e~(enutor or administrator or ofher legal ref~raseutative may terminate this Guarsdiy in
the same manner in which Guarantor might have terminated it and with the same effect. Release of any other gearantor or tsn'niuation of any othe~
guaranty of the indebtedness shell not affect the liability of Guarantor under this Guaranty. A revocation reeak, ed by Lender from any one er more
Guarantors shaft nut affect the llabiTity of any remaining Guersofors under this Guaranty. It Is antiofpateit that ftoctuattorm may oocur in the
~,~gato am~Jat of Indebtedness covered by thie Guaranty, and it is speoffleafly achnowledged and agreed by Gnoroatur that reductions in
the amount of Indebledncon, even to zero doitere ($0.00), prior to wrlltan revoontian of thIs Guaranty by Guarantor ~ not conatitute a
terodoniton of this Guaranty. This Gu~.~.i~y Is binding upon Gearontor and Guarantor's heirs, ~ucceeaors and assigns so long aa amy of the
guaranteed Indebtedness remains unpaid and even though the Indebtedness gncrantoed may hem time to time be zero debars ($O.sh).
GUARANTOR'S AUTHORIZATION TO LENi)ER. Guarantor euthoitaes Lender, e4ther before or after any revocation hereof, without notiue or
demand and v~lbeof lessening Guarantor's Iiabltity under this Guaranty, from time to time: (a) prior to revoontthn as set todh above, to make
one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or athan~ise to extend
edclitioeai cm~ti to Borrower; (b) to alter, compromlon, ranow, extend, aocelarate, or othe~vise change one or more limes Ute time tot
payment Or other isrel~ of the Indebtedness or any pad of the Inde~terthese, todiudtog idc __re,~__ and d _ec, m,~--~__ of the tale of thteroat on ~e
tndeofedncss; extimsion~s may be repeated and may be for longer than the original icon term; (e) to take am:l hatd eeonitty for the paymant of
this Guaranty or the indebthc~ and exchange, enforce, waive, subordinate, fall or decide ~ot to per~ and release any such eacudty,
~ or withoat tire s~d~,l~ of new collateral; (d) to eelease, sobeUtule, agree not to sue, or deal wtih any one or more of I~xrrower's
sure~ endorsers, or other g~zaronto~s on any lerree or in any manner Lander may ofmose; (e) to determine how, when and what appltsatlon
of payments and credits shall be made on the thdebtodne~s; (t) to apply such securlty and direct the order or manner of sate thereof,
d~-30-1999 COMMERCIAL GUARANTY Page 2
(Continued)
including without limitation, any nonjudiclei sale permitted by the terms of the controlling eecurity agreement or deed of trust, as Lender in its
dlsc~tlon may determine; (g) to sell, trecsfer, a~ign, or grant perticipatlons in all or any pall of the IndeMedness; and (h) to assign or
t{an~fer ~lti~ Oueran~ in whom or in part.
GUARANTOR'S R~PRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements
of ar~y kind have been made to Guarantor which would limit or quality in any way the terms of this Guaranty;, (b) this Guaranty is exacu~d at
Bee'ower's request and not at the request of lender;, (c) Guarantor has full power, right and authority to enter into this Guaranty; (d) the provisions of
this Guaranty do not conflict with or result in a dofauit under any agreement or other instrument binding upon Guarantor and do not result in a vlltefion
of any taw, regulation, coud decree or order appl'~ble to Guarantor; (e) Guarantor has nut and will not, without the prior written consent of Lender,
sell, lease, e~dgn, encurnber, hypothecate, transllf, or di~ dispose of ail or substantiafly ail of Guarantor's assets, or any interest therein; (f) upon
Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lander, and all such financial information
which cunentiy has been, and ail future financial intormatian which will be provided to Lender is and wig be true and correct in all mslettai respects and
fairly present the tinanstal cor~dition of Guarantor as of the dates the financial information is provided; (g) no metadai adverse change has occurred in
Guarantor's financial condition since the dell of the most recent financial statements provided to Lender and no event has occormd which may
materially adv~saty affect Guarantor's fi~anciai condition; (h) no litigation, claim, investigation, administrative proceeding er similar action (including
those for unpaid taxes) against Guarantor is pending er threatened; (i) Lender has made no representation II Guarantor es to the creditworthiness of
Borrower;, and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis infonTtation regarding Borrower's
financial condition. Guarantor agrees to keep adequately informed fi.om such means of any facts, events, or cimumsiences which might in any way
affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information
or documents asquimd by Le~de~ in the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lecdor (a) to continua lending money or to
extend other credit to Borrower;, (b) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the
Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the pad of Borrower, Lender, any surety, endorser,
or other guarantor in connection wilh the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) te resort for
payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (d) to proceed directly agaiest or eo~haust any
collateral held by Lender tram Borrower, any utha~ guarantor, or any other parson; (e} to give notice of the terms, time, and plane of any public er
private sale of personal properly sacudty hetd by Lender from Borrower o~ to compty with any uther applicable provisions of the Uniform Commercial
Code; (t) to pursue any other remedy within Lender's power;, or (g) to commit any act or omission of any kind, or at any time, with respect to any
Guarerder also waives any and all rights or defenses arising by reason of (a) any "one action" or "anP--deficiency' law or any other law which may
prevent Lender from bringing any action, including a clsim fur deflsiency, against Guarantor. before or after Lender's commencement or eemplefion of
any foreclesura action, either judlclatiy or by e0mrC~e of a power of sale; (b) any alestiee of remedies by Lender which destroys or othenvise advemeiy
affects Guarantor's subrogation rights er Guarantcr's rights to proceed agsinst Bon-ower for reimbumement, incJuding without limitation, any loss of
rights Guarantor may suffer by reason of any law limiting, quaiityfog, or crlscharg[ng the Indebtedness; (c) any disability er other defense of Borrower. of
any othe~ guarantor, er of any other person, er by reason of the cessation ut Borrower's liability fi.om any cause whatsoever, other lhan payment in tull
in legal tender, of the Indebtedness; (d) any dght to claim dischan3e of the Indebtedness on the bests of unjustified impsirment of any collateral for the
Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced them is outstanding
Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in
equity uther Iban actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or othenviso, or by any
th[rd party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Oorroweds fi.uatae in bankruptcy or to any
similar pamon under any federal or stall bankruptcy law or law for the mtief of debtors, the Indebtedness shall be eensidered unpaid fo~ the purpose of
enforcement of this Guaranty.
Guarantor fudher waives and agrees not to ,_~.,~rt or claim at any time any deductions fo lhe amount guaranteed under this Guaranty for any claim of
so4off, counterclaim, counter demand, recoupment or almlier right, whether such claim, domend or right may bo asserted by the Borrower, the
Guarantor, or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made
with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to
public psiicy or law. If any such wsiver is determined to be contrary to any applicable law or public pdiJcy, such waivGr shell be effective only to the
extent permitted by law or public pulley.
LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of satoff against the moneys, securities or diher property of Guarantor given to
Lender by law, Lender shall have, with respect to Guarantors obligations to Lender under this Guarenty and to the extent permitted by isw, a
contractual security interest in and a right of sefolf egalnst, and Guarantor hereby assigns, conveys, dsiivers, pledges, end trar',sfe~ to Lender all of
Guarantor's dght, title and interest in and to, all dep~Ais, moneys, securities and other property of Guarantor now or hereafter in the possession of or
on deposit with Lender, whether held in a general or specisi account or deposit, whether haid jutntiy with someone dsa, er wbather hdd for
safekeeping er o~, e0~cluding however ail IRA, Keogh, and fi.ust accounts. Eve~ such security interest and dght of sotoff may be eersrctsed
without demand upon or notice to Guarantor. N° security interest or right of satoff shall be deemed to have been waived by any act or conduct on the
pad of Lender or by any neglect to exersiso such right of sotoff or to enfome such security interest or by any delay in so doing. Every right of safoff and
security interest shall continue in full fame and ofllct until such right of sallff or security interest is specifically waived or released by an instrument in
writing executed by Lender.
SUBORDINATIO# OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Bon'ower to Lender, whether now
existing or hereafter c~'eated, shall be prior to any claim that Guarantor may now have or heresflor acquire against Borrower, whether or net Borrower
becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, Io any
claim that Lender may now or heresfllr have against Bocrower. In the event of inssivency and consequent liquidation of the assets of Borrower,
through bankruptey, by an ess~gnment for the benefit of creditors, by voluntary flqutdation, or uthenvlse, the assets of Beeower applicable to the
payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to
Lender. Guarantor does hereby assign to Lender ail claims which it may have or acquire against Borrower or against any assignee o~ trustee in
bankruptcy of Borrower; provided however, that such assignmeht shsil be effective only for the purpuse of assuring to Lender full payment in legal
tender of the Indebtedness. If Lender so mClUeste, any notes er credit agreements now or hereafter evidencing any debts or obligations of Borrower to
Guarantor shell be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender
hereby is authoitzed, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to e~enull
such uther documents and to take such other actions as Lender deems necessary or appropriate to perfect, presmve and enforce its rights under this
Guaranty.
MISCEU. ANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendmmst~ This Guaranty, together with any Related Documents, consfitdias the entire understanding and egreemeht of the parties es to the
matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall he effective unless given in wrJting and signed by the party
0'~.-30-1999 COMMERCIAL GUARANTY Page 3
(Continued)
or parties sought to be charged or bound by the alteration or amendment.
Appltoable La~. 'Fnis Guaranty has beer delivered to Lender and accepted by Lender in the Commonwealth of Pennsytvanta. tt there is e
lawsuit, Guarantor agrees upon Lenber's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of
Penasyivanta. This Guaranty shall be governed by and construed in accordance with the ~aws of the Commonwealth of Pennsylvania.
Altomeys' FeeS; I~peneas. Guarantor agrees to pay upon demand all of Lender's costs end expenses, inrJuding attorneys' fees and Lender's
legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone e~so to help enforce this Guaranty, and
Guarantor shall pay the costs and expenses of such enforcement. Coots and expenses inalude Lender's afforneys' fees and legal e~penses
whether or not there is a lawsuit, including afforneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modlty or
vacate any automaac stay or injuRction), appeals, and any anticipated past-judgment callection sen4ces. Guarantor a~o shall pay all court costs
and such additional fees es may be directed by the court.
Noltoes. All nOtiCeS required te be given by either party to the other under this Guaranty shall be in writing, n~y be cant by te!efacsimlle (unless
othe~e required by law), and, except for revocation nofices by Guarantor, shall be effective when actually delivered or when deposited with a
nationally recognized overnight couder, or when depesited in the United States mail, fimt cisca postage prepaid, addressed to the pariy 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 notices by Guarantor shell be in writing and shati be effective only upon delivery to Lender as provided above in the cac~on filled
"DURATION OF GUARANTY." If there is mare than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice
purposes, Guarantor agmas to keep Lender informed at all times of Guarantor's current address.
Interprelatlon, In all e~sca where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be
deemed 1o heva been used in the plural where the context and construction so reduira; and where there is more than one Borrower named in this
Guaranty or when this Guaranty is executed by more then one Guarantor, the words "Borrower" and "Guarantor' respectively shall mean all and
any one or more of them. The words "Guarantor," "Borrower," end "Lender' inctude the halra, successors, assigns, and transferees of each of
them, Caption headings in this Guaranty are for convenience purposes only and ate not to be used to inteq3rat 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 parson or circumstance,
such finding shall not render thal provision invalid or unenforceabte as to any other pemons er circumstances, and all pro,,~alons of this Guaranty
in all other respects shell remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations or partnerships, it is not
necessary for Lender to tequim thto the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purpor~ng tO act
on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranty.
Waiver. Lender sheti not be deemed to have waived any dghts under this Guaranty unless such waiver is given in writing and signed by Lender.
No delay or omission on the part of Lender in exercising any dght shell operate as a waiver of Such dght or any other dght. A waiver by Lender of
a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right othenvise to demand s~ct compliance with that provision or
any other provision of this Guaranty. No pdor waiver by Lender, nor any course of dealing between Lender and Guarantor, shall consfitute a
waiver of any of Lender's rights or of 8ny of Guarenter's obllgefions es to any futura bannsctions. Whenever the consent of Lender is required
und~ this Guaranty, the granfing of such consent by Lender in any instance shell not cons~ute contteuthg consent to subsequent instaoces
where such censeut is required and te ell cases such ooneant may be granted or withheld in the sole discretion of Lender.
COflFESSION OF JUDGME3llT. GUARANTOR HEREBY 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 II=HM, CONFESS OR
ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PR~NCIP/~,L BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE
CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERN_ SECURING THE
INDEB'~ ~DNESS 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 IN'rEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN
FIVE HUNDRED DOLLARS ($600) 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 EXHAUS]ED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES Ul~rrlL 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 REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO
E~ECLrTION OF THE JUDGMENT, AND STAT~S THAT EITHER A REPREBENTA-i3VE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S A3'I'IENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEl_.
EACH UHDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARAMTOR UNDEIRSTANDS THAT THIS GUARANTY IS 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 TITLED "DU~RATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED AUGUST 30, 1999.
THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GUARANTOR:
LASER PRO. Reg. U.S. Pat, & T.M. Off., var. 3.27a (c) 1989 CFI P~oServlces, inc. All rights reserved. [PA-E 20A ~3.27 F3.27 P3.27 S~AN.L N C24.OVLI
KEYSTONE FINANCIAL BANK N.A.,
now by merger, M & T Bank
Plaintiff
VS.
GREAT LOCATIONS, INC.,
Defendant
EN THE COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
COMMONWEALTH OF
PENNSYLVANIA
CIVIL ACTION LAW
CIVIL TERM 2001
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of Plaintiff, M & T Bank formerly
Keystone Financial Bank, N. A. and enter judgment for Plaintiff and against Defendant
Great Locations, Inc., for damages.
Duncan & Hartman, P.C.
DATED: /~- o~.~-O/ By:
KEYSTONE FINANCIAL BANK N.A.,
now by merger, M & T Bank
Plaintiff
VS.
GREAT LOCATIONS, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
COMMONWEALTH OF
PENNSYLVANIA
CIVIL ACTION LAW
CIVIL TERM 2001 -- ~c~ (~
TO GREAT LOCATIONS, INC., Defendant
You are hereby notified that on April .~c/ 2001, judgment by Confession
was entered against you in the sum of $178,370.27 in the above-captioned ease.
Prothonotary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
I hereby certify that the following is the address of the defendant stated in the
certificate of residence:
3712 MARKET STREET
_CAMP HILL. PA 17011
·
A , Defendido/a
Defendidos/as
Usted esta siendo notificado que el (day) de
(month) del 2001, se anoto en contra suya un fallo por
eonfesion en la suma de $ en el easo mencionado en el epigrafe.
Prothonotario
USTED DEBE LLEVAR INMEDIATAMENTE ESTE DOCUMENTO A SU
ABOGADO. SI USTED NI TIENE LIN ABOGADO O NO PUEDRE PAGARLE A UNO,
LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
Certifico que la siguiente direccion es la del defendido/a segun indicada en el
certificado de residencia:
Abogado del Demandante