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HomeMy WebLinkAbout95-00800 '~.'.:' tis - g:vo ~ ~ r No. Civil 19 a.f1~y/iJa.n;a <;hk BaY'll::. I ! I , I I' , i I I i ! VS. ~ha.r(ef' R. ]buts et .a.l, . , i i Court of Common Pleas Cumbo Co. ... ~ - . .... .. - - . -.. . '-. . . . . GUARAN'rY 15' 8'C('> ei().;J~~I" WHEREAS, MA'l"r CORPORA'rION (hereinafter called Borrower) desires to transact business with and to obtain credit from the PENNSYLVANIA S'rA'rE BANK (hereinafter called Bank), and WHEREAS, Bank is unwilling to extend or continue credit or any renewal thereof to Borrower without this Guaranty. NOW, 'rHEREFORE, 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, subject to the limitation hereinafter set forth in paragraph 1, hereby absolutely and unconditionally guarantees to Bank prompt payment whsn 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. The amount of the undersigned's liability hereunder shall be $50,000.00 plus accrued interest. The undersigned agrees that the amount of Borrower's liabilities to Bank may from time to time exceed the said limit of the undersigned's liability hereunder without in any way affecting the liability of the undersigned hereunder. If no specific sum is set forth hereof, the amount of the undersigned's liability hsreunder shall be unlimited. 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, aettled, compromised, waived, subordinated or modified, with or without consideration, 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 aforesaid, shall not relieve the undersigned from liability upon any indebtedness or liability covered thereby then existing. 3. It 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 hereunder 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 Guarantyand Borrower's liabilities to Bank, including, but not limited tOI notice of acceptance hereof, notice of creation, existence or acquisition of any liability hsreby guaranteed/ notice of adve.rse change in Borrower's financial condition or of any other fact affecting undersigned's risk hsreundsr/ and notics of default. Ths 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 utherwise enforce payment thereof. In addition, the undersigned waives the benefit of all laws now or hersafter in effect in any way limiting or restricting the liability of ths undsrsigned hereundsr and waives all defenses whatsoever to undersigned's liability hereunder other than paymsnt. 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 dsmand all costs and expsnses (including reasonable attorneys' fees and legal expens~s) 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 empowere any prothonotary, Clerk or Attorney of any court of Record to appear for and confess judgment against the undersigned in favor of Bank, ita successors or assigns, for the sum set forth in paragraph 1 hereof, with or without declaration filsd, 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 maybe 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 voluntarily condemn the same and hereby waives and releases all relief from any and all appraisements, stay, exemption or homestead 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 enteredl and if a true copy of this instrument shall be filed in sny 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 exsrcise 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. B. To secure all obligations of the undersigned hereunder, Bank shall have a lien upon and security interest in (and may, without demand or notice of any kind, at any time and from time to time when any amount shall be due and payable by such undersigned hereunder, appropriate and apply toward the payment of such amount, in such order of application as Bank may elect) any and all balances, credits, deposits, accounts or moneys of or in the name of undersigned now or hereafter with Bank and any and all property of every kind or dsscription of or in the name of such undersigned now or hereafter, for any reason or purpose whatsoever, in the possession or control of Bank. 9. The liability of the undersigne.d hereunder is absolute and unconditional and shall not be affected in any way by reason of (a) any failure to retain or preserve, or the lack of prior enforcement of, any rights against any person or persons (including Borrower) or in any property, (b) the invalidity of any such rights which may be attempted to be obtained, (c) any delay in enforcing or failure to enforce any euch rights even if such righte are there by lost, or (d) any delay in making demand on the undersigned for performance or payment of the undereigned's obligations hereunder. 10. If the undersigned consists of more than one person, such persons ehall be jointly and severally liable hereunder. This Guaranty shall inure to the benefit of Bank, its successors, assigns, endorsees and any person or pereons, including any banking institution or institutions, to whom Bank may grant any interest in Borrower's liabilities to Bank or any of them, and shall be binding upon the undersigned and the undersigned' s executors, administrators, successors, assigns, and other legal representatives. The undersigned intends this to be a sealed instrument and to be legally bound hereby. All issues arising hsreunder shall be governed by the law of pennsylvania. ., -. . . WI'rIIESS the due execution hereof this f2.J~ day of ~b.,., 1992. ,'I ~.. , , ?!:-" (/ -- -----.. l /t'/.v>~V~-- --'-':-1~-- Notary Public //, My commiesion Explrssl @~€~ LlI11/1,I(..) ~- J )/ K'ifon S. Da~ sworn and sub89ribed to before _ma-t)ll.s ...,2n'(i--day of f==~.dr"/1~..t',~ , 1992. /10// f!j/;(LJfl- (f/~-' dJ:'tJ't/../~ t'll~ " , . V&t1P,- tr~ ~ul",v?SI-3 0 (J' 'IsO /7;2/1 .. ." ~,' l'~J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cl.DTherland To satisfy the debl, interest and costs due NO, 95-800 CIVIL m: Tern CIVIL ACTION - LAW COUNTY: Pennsylvania State Bank PLAINTIFF(S) from Charles R. Davis and Karen S. Davis DEFENDANT(S) (1) You are directed 10 levy upon Ihe property olthe delendant(s) and to sell (2) You are also directed to attach the property 01 the defendant(s) not levied upon In the possession ot Fulton Bank, 599 N. 12th Street, Lemoyne, PA 17043 GARNISHEE(S) as follows: and to notify the garnlshee(s) that: (a) an aUachmenl has been Issued; (b) the garnlshee(s) Is/are enjoined from paying any debt to or for the account of the defendant(s) and Irom delivering any property 01 the defendant(s) or otherwise disposing thereof; (3) If property olthe defendanl(s) not levied upon an subject to attachment Is found Inthe possession of anyone other than a named garnishee, you are directed to notlly him/her that he/she has been added as a garnishee and is enjoined as above stated, AmounlDue $50,000.00 Interest from 2/14/95 $978.18 L.L. Due Prolhy Other Costs $.50 $1.00 Atty's Comm Atty Paid Plalntllf Paid % $32.50 Date: June 12, 1995 Lawrence E. Welker Prothonotary, Civil Division REQUESTING PARTY: by: 'Iflr4t1 ~ X;;;!.-I, 9'f Dopuly Name Address: Jerald P. Hurwitz, Esq. P.O. Box 88 HarrisbllrQ. PA 17108 Attorney lor: Plaintiff Telephone: (717\ 763-1121 Supreme Court 10 No. R. Thomas Kline, Sheriff who being duly sworn according to law, says this writ is returned STAYED Per instructions from attornoy David Bresch!. Sheriff's Costs: Docketing Law Library County Service Levy Garnishee Surcharge Poundage 18.00 50 1. 00 8.96 20.00 9.00 2.00 1.19 60.65 Advance costs 150.00 Sheriff's Costs 60.65 89.35 refund to atty 8-18-95 :;; .. i~!pe:J ! So a!lsi}'e.8': . . ," , . R. Thomas Kline. Sheriff ';L...; By .t.1~....JLzz- Deputy Sheriff ~ , I Sworn and Subscribed To Before Me This .1'1 (fy 1995, A.D. ') Day Of('j",r (I) , }..,...... (, /It<,l~_ JI>1j. ~ I ' , Prothonotary ('r- I." r', I f.lllnr ,. F ' 4 . I oj :J.IO l.1,-0 (,,' ". '1~' (.. POWER OF ATTORNEY AUJcrIORIZING SATISFACTION OF JUDGMENT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA PF~NSYLVANI^ STATE BANK No. q'i-AOO CIVIL Debt GUARAN1Y $ 50,000.00 Term 19 ',~ VB. Entered FEBRUARY 14, 1995 , QlARLES' R. DAVIS KAREN S.' DAVIS Having received from CHARLES R. DAVIS AND KAREN S. DAVIS the full amount of the debt, interest and costs of the above judgment WE do hereby authorize, empower and direct the Prothonotary of Cumberland County to enter satisfaction of the same on the records. Witness 17th tj :\f\2 J A.D. 19..!i hand and seal this Attest President & CEO NOTARIAL SEAL CAROL A. BUCKWALTER, Notary Publlo Lower Paxton lWp. Dauphin Co. My Commission expires Aug. 24, 199B ss: county of Cumberland Before me a Notary PUblic duly commissioned and sworn, personally carne the above named William V. Freeman being the identical person, or authorized Officer of Company or corporation named as Plaintiff in the above case, who in due form of law acknowledged the above Power of Attorney to be his act and deed, and to the end that the same might be recorded as such. Witness my hand and seal this n n! day ofiih,;tl~7 _iX. D. 19 7';;- /1' /7 /' j' ~.J-' _c.::::.t"c.) /..f- U > /;?-IU' A'II,{f r.{ ,1../ (J (j l>:::J ~ I ~ .. \.M-' 0"1' W' :c' -' O'l M 0") :.-,.. ~1- .,. .t" 111(' .1 O:r....... I:' 01.):1 \"..1,;1:'"" "1.---; _I .,' ~,L I~~ .,' = ,." ..., = '""" .. t.,'-- PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 Etc. IN THE COURT OF COMMON PLEAS 01' CUMDERLAND COUNTY,PENNSYLVANJA ) ..P.eonsylv.anlo. SUlle_DaM_____________ Vs. Writ No. __________n________________ Tenn, 19.95___ No, ___..9_~:~.9_l!.__n____________n___ Tenn, 19_1lJL_ Amount due ____________ $ ______5D.,J1QD..lI.Q___ Interelt Irolll .2lJ1l195____$_______nJl.ZB.._t8___ Charles R. Davis and Karen S. Davis J ------------------------------.------.----. All'y's Com. ___________________n____n_____n_ Colts ___n_________n$ _n_____________________ To the Prothouolary 01 said Court: ISSUE WRIT OF EXECUTION IN TIm AIlOVE MA'irER, (I) Di,ected 10 Ihe Sherill 01 __CumberJand_________COUnl)., Penna.; (2) against n_.cba1.:lns_R._Day.l:i._onrLKar1Ul_5..._'Oilll.ls.____m___u _ _,. . -.., -- -.-. -. .--. h___m__ _______________ ._____________n _n____________________________ __ __ _______ _ __ Delendallt (5) j (3) and against ___F_IJLlQlJ__e!lJll<J__~~lU:::l..._.l~!!L~!r~_~tL_h~'!t~'l!1_I!L_p.e._nE.9_'!.~____ Garnishee (5) ; (4) and index this writ (a) against __________________.___________________________________---------------------------- ,____________ __ n_ ___on _ __ __ __ _ _______n___n_n ____n_ _ _n_ ___n Del endan t (5) and (b) against _________ ______n.. __ _______ _____ . _ __ _ _ __ nn - _._ -_ - - -- -- - - - --- - - - - - - - - --- - - --- --- -- ___ __ ________ ______ _ _ _ ___ _ __ __________________________ n___ _______ ____ Garnishee (5), lIS a lis pendens against the real property ollhe delendant (5) in the name ollhe Garnishee (5) aslollolYs: (Specilically describe properly) .:iJ.&J: of f., AeA /Jk, ,.xtUl ~ (la.' fV-t -tP..L1 P-~;"'fJJ!, '7'10 t(dt'~U!.4-() lh ~ (5) E.elllplioll has (IIUI) heell waived, Daled __'I:.,:n'-__ll..i_m>{._ N Under paragraph (1) when the wrltls directed lu the sherlfT 01 anolher eounly as authorlwd h)' /lule 3IU3(h), tho county should 110 Indicated. Undl!r Rulu 3103(c) :1 writ Il15ucd on n tronsrl'rrcfl Judgement may bl' directed only tu till! s11lH'1lf nt lIw ClJlInl\' In which Issued. ' Pnrnllrllllh (3) l'Ibo\'c Hhollhllw cOlllpll'll'd nnly It it nnmed Hnrnl:ihee Is tn Iw Inchllh:11 In till! writ, Pnrnuraph (4) (II) should he cnlllpll.ted only It Indl~x InU' or UIl! N(C~lltlnn In tho Ctlllflly tit hSll:lllL'I~,ls tJc'slrl'rl as authorized by nlllc~ 310,1(11), When Uw writ hSlh.':O to 1I11otlwr counly Indm<lnU' l!i J'L'f1111J'L.'111I:J ur course In that ~uunly by Iho IlfOlhollolnry, See /llllo :1I11'l(bj, PnrnHrllph (01) (1)) should hl! cnlllllh~tl~d UIl1)' It n~.t1 prul,crty III thu n.lIIH! ot II unrnJ:illl'l~ Is Hlt:H'lh!cllUllllntll'x, Inll os U 119 Ill'ndcns 1:1 tll~5Irl'd. Sl'e Ilu c :1l0.l(c). '-. ~ ,..~ '\J ~ 4tr ~ ~ :'\", ~ ~~ d U"l ">- . en .< , \.~ )~~ - ., , = ' ;-, ,.1/. 0 ~ ;;:.,~. 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