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HomeMy WebLinkAbout05-0359 .I Power of Attorney IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Susquehanna Bank of PA vs. Chad Hazam Karis Lewellen Hazam Term: 2005 Number: 05-359 Real Debt: $300,000.00 Susquehanna Bank of PA the plaintiff in the above Judgment, does hereby acknowledge to have received full satisfaction for the same, and hereby authorizes and empowers the Prothonotary of the Court of Common Pleas of Cumberland County to enter satisfaction thereon and release the same. WITNESS my hand and seal the 26th day of January, 2005 Susquehanna Bank of PA ~Witnes . ') , - (J /lzJ "1<. .' (}VJ\ , \iJ. /J' By: d-.. to-, d~..J /-.J~ Linda F. Brill, Attorney in fact for Susquehanna Bank of PA STATE OF MARYLAND COUNTY OF WASHINGTON SS.: ON THIS, the 26th day of January, 2005, before me, a notary public, the undersigned agent personally appeared Linda F. Brill, who acknowledged herself to be the Agent of Susquehanna Bank of PA, a Corporation, and that she as such agent, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by herself as Agent. WITNESS my hand and notarial seal. . . (' '1Jv~/)\~ . . MARCiA A. J~N9 ""ARV ~U:J:V:; ~;n';\;'E OF ~:t\R'1A~JO Our file # 4401517883 (';;,::;.)' U 'i"':"::'\;')r:.n f.\I CwmmL4'Jnn F;iI'J:r~ JWMl1,.. ~JdLf)wufJ;/;7)8' '/ ~?, C't 0;:::::;) ~"f\ <~.>' (..- ';;S:;' .- _."l :;~:. (..;) -- t:-? 0) c> CUMBERLAND COUNTY . OFFICE OF THE PROTHONOTARY - COURT OF COMMON PLEAS - CIVIL 7Lo. bS--3"9~ Ia.---.. GENERAL CNIL COVER SHEET PLEASE TYPE OR PRINT LEGffiL Y ALL INFORMATION REQUESTED. PLEASE LIST NAMES AND ADDRESSES OF ADDITIONAL PLAINTIFFS AND DEFENDANTS ON A SEPARATE SHEET. ZIP CODES ARE REQUIRED FOR COMPUTER ENTRY CASE NUMBER: FILING DATE: PLAINTIFF vs DEFENDANT Susquehanna Bank P A Chad Hazam Karis Lewellen Hazam. ADDRESS: 24 North Cedar Street P. O. Box 1000 Lititz, P A 17543-7000 ADDRESS: 900 McCormick Road Mechanicsburg, P A 17055-5967 TAX ill #23-0570293 SS# 220-50-8352 SS# 258-98-9434 TYPE OF ACTION: NAME, ADDRESS AND TELEPHONE NUMBER OF PLAINTIFF: Susquehanna Bank P A 24 North Cedar Street, P. O. Box 1000 Lititz, PA 17543-7000 (717) 626-4721 PLAINTIFF HEREBY CERTIFIES THAT THE ABOVE ARE THE LAST KNOWN ADDRESS OF THE DEFENDANT(S) AND THE PRECISE CURRENT ADDRESS OF THE PLAINTIFF. FILING PARTY'S SIGNATURE: 21! mk J Lt)L~~'->./ ~ Office of the Prothonotary of Court of Common Pleas of Cumberland County, PA NOTICE OF ENTRY OF JUDGMENT Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notified that judgment was entered against you in this office today in 2005 Confessed Judgment Docket at # 0" - 3.;t) in the amount of $300,000.00 in favor of Susquehanna Bank PA. Plaintiff, on confession of judgment contained in a bond. note, lease. installment purchase contract, or other document which you signed. Dated: ()" <-<--dA 1 :lo;)ov <' PROTHONOTARY C'...u~ R. f? H'-ff' U":'- To: Defendantls 900 McCormick Road Mechanicsburg, PA 17055-5967 C~~ ~<uM g~...... ~~ -, LS :01 OZ N"Jf seaz IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CONFESSION OF JUDGMENT FOR MONEY SUSQUEHANNA BANK P A Plaintiff Case No. () '5'- 3t)q C..;;-f -r;~ vs. CHAD HAZAM KARIS LEWELLEN HAZAM Defendant(s) PLAINTIFF'S AFFIDAVIT JUDGMENT IS NOT BEING ENTERED BY CONFESSION AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION. Affirmed to and subscribed before me this 12 day of January, 2005 d"{)/J" ( &L .A.;: teL h Notary Public SUSQUEHANNA BAN P A By: (!;/n d~.J ;J ~~ Linda F. Winkler Lon A. Brown NOTtRY P~.:8UC STATE OF MARYLAND My Commission Expires January 9. 2006 I/We further certify that the precise residences ofthe Plaintiff and Defendant(s) are: Plaintiff: 24 North Cedar Street, P. O. Box 1000, Lititz, P A 17543-7000 Defendant(s): 900 McCormick Road, mechanicsburg, PA 17055-5967 I", ". [.' . ::., .nl 'U 0' ''''r v ft',.' . , soal j.t) COMMERCIAL GUARANTY References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing" * Ii *" has been omitted due to text length limitations. Borrower: Metro Teleconnect Companies, Inc. 2150 Herr Street Harris.burg. PA 17103.1625 lender: Susquehanna Bank PA Whiteford Road Office 2951 Whiteford Road York. PA 17402 Guarantor: Chad Hazam Karis Lewellen Hazam 900 McCormick Road Mechanicsburg, PA 17055-5967 AMOUNT OF GUARANTY. This is a guaranty of payment of the Note, including without limitation the principal Note amount of Three Hundred Thousand 8. 00/100 Dollars 1$300.000.00). GUARANTY. For good and valuable consideration, Chad Hazam and Karis Lewellen Halam ("Guarantor") absolutely and unconditionally guarantees and promises to pay, jointly and severally, to Susquehanna Bank PA ("Lender'" or its order, on demand, in legal tender of the United States of America, the Indebtedness (as that term is defined below) of Metro Teleconnect Companies, Inc. {"Borrower"} to Lender on the terms and conditions set forth in this Guaranty. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at anyone time the amount of the Indebtedness described herein, plus all costs and expenses of (A) enforcement of this Guaranty and (B) coJlection and sale of any collateral securing this Guaranty. The above limitation on liabillty is not a restriction on the amount of the Indebtedness of Borrower to lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, lender's rights under all guaranties shall be cumulative. This Guaranty shall not lunless specifically provided below to the contrary) affect or invalidate any such other guaranties, Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties, INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaral1ty includes the Note, including (a) all principal, {bl all interest, (cl all late charges, (dl all loan fees and loan charges, and Ie) all collection costs and expenses relating to the Note or to any collateral for the Note, Collection costs and expenses include without limitation all of Lender's attorneys' fees. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in fuff force until all Indebtedness shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full, Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty, A revocation Lender receives from anyone or more Guarantors shalf not affect the liability of any remaining Guarantors under this Guaranty, GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (Al to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hard security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with anyone or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (El to determine how, when and what application of payments and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and IH) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower'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 default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (El Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (Fl upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (Hl no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; (f) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and lJ) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition, Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances 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 acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish lender with the following: Annual Statements. As soon as available, but in no event later than one-hundred-twenty 1120) days after the end of each fiscal year, Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being true and correct, GUARANTOR'S WAIVERS. Ex.cept as prohibited by applicable law, Guarantor waives any right to require lender (Al to continue 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 part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional I...."...." ....r ....hlin<>+i........<>, Ir\ +.... r<><'....r+ f.nr ....""......"'n+ ....r +,... ...rn............rl A,r.......+I" ....r ~.. ____ ___:___ --- ~- Loan No: 4401517883 COMMERCIAL GUARANTY (Continued) Paga 2 Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be 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 policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether noW existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower> In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower 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 all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender ;s hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCEllANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees: Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings {including efforts to modify or vacate any automatic stay or injunctionl, appeals, and any anticipated post.judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing law. This Guaranty will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Guaranty has been accepted by lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Guarantor agrees upon lender's request to submit to the jurisdiction of the courts of York County, Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been 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 words "Borrower" and "Guarantor" respectively shall mean all and anyone or more of them. The words "Guarantor," "Borrower," and "lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If anyone or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting 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. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by lawl, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by lender. Lender shall not be deemed to have waived any rights 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 right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver 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 Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. .loan No: 4401517883 COMMERCIAL GUARANTY (Continued) Page 3 CONFESSION OF JUDGMENT. 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 THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%1 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 1$5001 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 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 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. 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 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 "DURATION OF GUARANTY", NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE, THIS GUARANTY IS DATED JANUARY 3, 2005, THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, (Seall X ~~J";#~'?'~ K IS Lewellen 8zam . ( ISeall INDIVIDUAL ACKNOWLEDGMENT ) ) SS Y DT k , r) '_ 1 '. ,;( 'l-fl--- day of \0e('~ ,20 C 'I ,before me iJoI/UH~ -1. fl/e:.-4 , the undersigned Notary Public, personally appeared Chad Hazam and Karis lewellen Hazam, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrumen;;-and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this, the / , NOT~RIAL SEAL Nola DONNA J, NEFF, NOTARY PU5l1C SPRINGETTSBURY TWP., COUNTY OF YORK MY COMMISSION EXPIRES APRIL 24, 2007 LASER PRO l"o<liog, v.., 5.l4.10.00l Cup,- Ho'loo<l Flnonol" Solu,;on.. Inu. 1~97, 2004. All R;ght. R."",o<l. . PA H:\SQBAN~PA\CFI\LPl\~20.FC TR.19;67 PRo; r f' ~ ~ ~ " ~ , v, v, \ -Il -- u. .. " ....... V> ~ (" P<- o .... \ \.> '" r, v'- - r-._, C--.' c-; .oil ::;::1 C.'..; <:.1"1 '- ".-." ';,f~ ;,'1 f'.) C) ;,7> C~) ( , Gl o ~_ 1 --<: