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Home My WebLink About87-0095Civil 19 ~ Court of Common Pleas Cumb. Co. Commonwealth National Bank VS. Eric T. Freistat~M.D. Joanne L. Freistat In the Court of Common Pleas of Cumberland County, Pennsylvania Judgment in favor of Plaintiff on - ............................... ~or$__zg_0_, 9P0.01 No, ___9_5_ .... Civil Term. 19 87 Entered ...... Jan ua.r_z 15 19__8_Z ...................... Commonwealth National Ba.rL% · ' .......................................................................... Pl~n~ff ~n th~ zbove Judgment, do appear and acknowledge r. hat I this day have had and received and from Eric T.Freistat,M.D. and Joanne L. Freistat the dei-'ndant in the above ]ud~,, rant, full payment and sai~faction of the same, wit!~ interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, I do hereby authorize and empower ..... _L_a_~__rence F. _W!~lker .................... theProthonotary of said Cour% to appear ........ Ua. ........... and in our name and stead to enter full satisfaction upon the record of said J'udgrneng as fully and effectually, to all intents and purposes, as I could were I personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. In testimony whereoE, day of State of Pennsylvania Count,/of Cam~r~a~ I have hereunto set our hands and seals ~ ........... l~3_~Jl ..................... ..$.c~,.t_e. mb~ , ..................... A-D. 19__~.~_ Commonwealth National Bank J 0~_ !-_- ?_a_~_d_ _el2 o'fi- At torney-In-Faet ..... ~ ..................................... [ ..... Personally appeared before me, the subscriber ................................................................ JoAnn L. Sanderson ..... ._. _ ~_A.~p.~U ~y_-_IU:~C ~ _ f~ _ ~mmea~: k.Ra £imma L 2~nk. __, ..................... .............................. - .......................................................... the Plaintiff in the above .Tudgq'nent, and in due fn..,'m, of law ack~o~.,!.~_ged ~.~-e v.~thL-~ and f~cg~g Poi'er of A,~,;;7 to sagafy the j'udg- men: set forth, to be her act and deed, and desirccl tha: thc same sh:dl be Fled of record in the office of the Prothon- otary of the Court of Common Pie. aa of mid County. Ia testimony wher~, I have hereunto set my hand and seal this 13th day of .............. .S_e~...t ember m. .... ..... '., / Marcia E. Se$ic, Notmy Pub[lo / / ~vara~a Twp., Dauphin County / Member; Pennsylvania Asse~iat4en o~ NC',~le~ 95 Civil '~'erm 19 87 POWER OF ATrORNEY To Satls[y a Judgment Commonwealth National Bank F~LED-OFFIOE O;' F-i! PROT)IONOTAF, Y :? i ~S'~'i.',/?.~ S~ 19 lO ,(~ AH 'i~9 VS. Eric T. Freistat,M.D. Joanne L. Freistat ml,.d ........ J_a..n_u_~__ry__!_5 ......... II flfl~nfl#tiflllllllll~llllIlflK~fffIfflf~IffffffflUfllfllt~lItfllffflIK' GUARANTY WHEREAS, Berman-Freistat Partnership ........... (hereinafter called Borrower) desires to transact business with and to obtain credit or a continuation of credit from The Commonwealth National Bank (hereinafter called Bank); and WHEREAS, Bank is unwilling to extend or continue credit or any renewal thereof to Borrower without this Guaranty; NOW, THEREFORE, in order to induce Bank to extend or continue credit to Borrower, and in consideration of the premises and the sum of $1.00 and of other good and valuable consideration, the undersigned, as surety, subiect to the limitation hereinafter set forth in paragraph 1, hereby absolutely and unconditionally guarantees to Bank prompt payment when due and at all times thereafter of any and all existing and future indebtedness and liability of every kind, nature and character (including all renewals, extensions and modifications thereof) from Borrower to Bank, howsoever and whensoever created or arising or evidenced or acquired. 1 e amount of the unders gned's liability hereunde, r s.h.? be Th ' ' ' les to Da,,~ ,,,ay - , · ,,o,~ an ees that the amount of Borrower s IlaDIIlI. I .. u:,: .... ~ .~,~ .n,~ '~ned hereunder. If no specific sum ~s set Th~ underslg .... ~r . . ......: ........~,, affectino tnB ~mum~y u. ,. ..... ersl~ · ' ed's liability nereunoer w~nout ~- o.~ ,,~.~ . ~' ........ "m ted undersign ..... , *~- .ndersi(~ned's [iablhty nereunoer sna~l ~e u.,, . forth hereot, the amount u~ ~H~ .... 2. This Guaranty is made and shall continue as to any and all such indebtedness and liability of Borrower to Bank incurred or arising prior to receipt by Bank of written notice of the termination hereof from the undersigned, without regard to collateral, or security, or guaranties, or other obligors, if any, or to the validity or effectiveness of any and all thereof; and any and all such collateral and security and guaranties and other obligors, if any, may from time to time without notice to, or consent of the undersigned, be sold, released, surrendered, exchanged, settled, compromised, waived, subordinated or modified, with or without consideiation, or such terms or conditions as may be acceptable to Bank, without in any manner affecting or imparing the liability of the undersigned. It is agreed that the termination of this Guaranty, in the manner afore- said, shall not relieve the undersigned from liability upon any indebtedness or liability covered thereby then existing· 3. ~t is agreed that the undersigned's liability hereunder is several and is independent of any other guaranties at any time in effect with respect to all or any part of the indebtedness of Borrower to Bank, and that the undersigned's liability here- under may be enforced regardless of the existence of any such other guaranties. 4. The undersigned hereby waives all notices of any character whatsoever with respect to this Guaranty and Borrower's liabilities to Bank, including, but not limited to: notice of acceptance hereof; notice of creation, existence or acquisition of any liability hereby guaranteed; notice of adverse change in Borrower's financial condition or of any other fact affecting undersigned's risk hereunder; and notice of default. The undersigned further waives presentment, demand, protest, and notice thereof as to any instrument representing indebtedness covered by this Guaranty, as well as any right to require Bank to sue or otherwise enforce payment thereof. In addition, the undersigned waives the benefit of all laws now or hereafter in effect in any way limiting or restricting the liability of the undersigned hereunder and waives all defenses whatsoever to undersigned's liability hereunder other than payment· ,5. if any of Borrower's obligations to Bank are not duly performed, including the prompt payment when due of any amount payable thereunder, all Borrower's liabilities to Bank shall at Bank's option be deemed to be forthwith due and payable for the purposes of this Guaranty and the liability of the undersigned hereunder. 6. in addition to all other liability of the undersigned hereunder and notwithstanding the limit, if any, set forth in paragraph 1 hereof, the undersigned also agrees to pay to Bank on demand all costs and expenses (including reasonable attorneys' fees and legal expenses) which may be incurred in the enforcement of the Borrower's liabilities to Bank or the liability of the undersigned hereunder. 7. The undersigned hereby authorizes and empowers any Prothonotary, Clerk or Attorney of any Court of Record to appear for and confess judgment against the undersigned in favor of Bank, its successors or assigns, for the sum set forth in paragraph 1 hereof, with or without declaration filed, with interest and costs, release of error, without stay of execution and with 25% added for collection fees; and the undersigned further authorizes the immediate issuing of an appropriate writ of execution upon which real or personal property may be sold without delay as provided by law or the rules of civil procedure governing the enforcement of judgments; and the undersigned also waives the right of inquisition on any real estate that may be levied upon to collect the amount due under a judgment obtained by virtue hereof, and undersigned does hereby volun- tarily condemn the same and hereby waives and releases all relief from any and all appraisement, stay, exemption or home- stead laws of any state, now in force, or hereafter passed, and any right to except to, strike off, open or appeal from the judgment so entered; and if a true copy of this instrument shall be filed in any such action, it shall not be necessary to file the original as a warrant of attorney, any rule of court to the contrary notwithstanding. No single exercise of the foregoing warrant and power to confess judgment shall be deemed to exhaust the power, but it shall continue undiminished and may be exercised from time to time as often as Bank shall elect, until all sums payable by the undersigned have been paid in full. FORM 000 09 083 (REV. 10/83)