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HomeMy WebLinkAbout95-03691 'q$- dl.91 Cu~( 'I I~;;l;"'; . . '\;'I";'o!-'i_:""i~ . <,\, .;!l:jf:,j , " i :'.{.,~,:'j.t~,;;!~, "r;",t...~'J'~ i , '. ':--'i ~.1- .'Vi'.::::~'" ,'i;'~jf" f"':' ~l ".'. Civil 19 f '';'.~ .:-..- ~"":".__.....~ .... \ ...- 714 1\-. ,:iI.. 91 C.....:; T.....~ ~ -, , CUAIANTY WHEREAS, JAKES LITT COKPAHY, bus In... with and to ohtain credit A Pennavlvania Corporation chereinatter called Borrower} desires to tran.act fro. the PENNSYLVANIA STAT I BANK (hereinafter called aank). and Po rw ,,~ ? (1.1.-'P H,II, t 11 nfl'\( (,.lll,f:? extend or continue credit or any renewal thereof to Borrower without th18 WHIREAS, Bank 18 unwilling to Cuaranty: NOW, THIRlrORl, In order to induce bank to exteud or continue credit to Borrower, and In conslderaUon of the pre.h88 and the S\.WI at st.OD and ot other ROod end valuable consideraUon, the underalgned, 88 Burety, subject to the U_UaUon hereinafter 88t forth In para!lraph 1. hereby absolutely and unconditionally lu.rant.sa to Bank pr~pt pav-ent when duo and at all ti.us thereafter of any and all existing and future ind.btedness and liability of every kind, nature and character (includiml all renewals, extenaiona and ~ificatlons thereof) fro. Borrower to Bank, howsoever and whensoever created or ariaing or evidenc.d or acquired. 1. The -.aunt of the underaigned's liability hereunder shall be S50,000.00 plus accrued undersigned agr... that the ..ount of Borrower's liabilities to Bank .ay f~ ti.. to ti.. 1i.it ot the undersigned'. liability hereunder without In any way affecting the liability of hereunder. It no specific su. Is aet forth hereof, the a.ount of tho underslBned'a liability be unU.ited. interest. Th. exceed the Bald the undersigned hereunder shall Z. This Cuaranty is ..de and shall continue as to any and all such indebtedness and liability of Dorrowsl" to Bank incurred or arlsinl prior to receipt by Bank ot writton notice of the te~in.tion hereof froa the undersiqned, without regard to collateral. or security, or guarantios, or other obligors, if any, or to the validity or eftectivenesa ot any and all thereofj and any and all such collateral and security and BuaranUes and other obligora, if any ..y froa ti.. to ti.8 without notice to, or consent of the undersicned, be aold, released, surrendered, .xchanRed. settled, c~pru.ised, waived. subordinated or .odified, with or without consideration. or Buch t.~s or conditiona 8S aay be acceptable to Bank, without in any ..noel' affecting or i.paring the liability of the underaigned. It is a~reed that the te~ination of this Guaranty, in the ..nner aforesaid, shall not relIeve the undersigned fro. liability upon any indebtedness or liability covered thereby then exiating. 3. It is Bgreed that the undersiRned's liability hereunder is several and is independent of any other guaranUes at any tt.e in effect with respect to all or any part. of the indebtedness at Borrower to Bank, and that the undershlned's liability hereunder .ay be enforced regardless of the existence oC any such other guarant i8a. 4. The undersigned hereby waiveD all notices of any character whatDoever with respect to this Cuaranty and Borrower's 11.bi1ities to Bank. including, but not li.ited to: notice of acceptance hereofj notice of creation. existence or acquisition of any liability hereby Ruaranteed: notice of adverB. chan"e in Borrower's financial condition or of any other fact afCecting under8i~ned'8 rlak hereunder: and notice of default. The undersigned further waives preRent.eut, demand, protest. and notice thereot 88 to any instru.ent represenUnR indebtodness covered by this Cuaranty. as well 8S any rlRht to reqUire Bank to sue or otherwise enforce pay.ent thereof. In addition. the underoiRned wolven the beneCit of all laws now or hereafter In effect in anv way li.ltlng or rORtrictinM the liability of the underaiRned hereunder and waiveR all defenses ",hat Roever to underahned's liability herounder other than ~n..ent. 5. If any of Borrower's oblhlftlionH to Rank are not duly perfor.ed. includinq the pro.pt paYllent when due of any ..ount payable thereunder, all Borrower'R liabilities to nank shall at Bank's option he dee.ed to be forthwith duo and payable for the purpon8a of tl11A GURruntv and the Uability of the undersl51ned hereunder. 6. In addition to aU other liability of the under'liRl1nd horounder nnd nohdthstandln51 the lJ.U, U an}", ...t forth in paragraph I hureof. tho underfliqnP.lI nlon n'ir'''tR to pay to Bank on deaand all costa Bnd expenses (includinM r"aDonahlo attorneyo' rooo and ieMal oXllonooo) which .O}' he incurred in the enforc..ent of the BorrowAr's liabilities to Rank or the liability of lit" undernlqned horeunder. . .,. 7. The undvrtiiMIl~d hUl'ubv tilulhorlzolJ dlut 1llIl)iI)Wdrn ..nv 1II'uthonutHn', Clurk or Atturnvv of allY Court of H.curd tn npl)tlur fur tUld confua6 Judit.ent lutalnal lIm luuh'rhll1;ned 1n r"\'OI' of Dd.nk, itN RUCCUNuoro 01' u"NtMon, for thy aUII aet forth tn panRraph 1 hereof. wilh or without deeloratlon filed, with h".ruRt and COBtll, rei..". of errur, withuut olav of 8Jl:IJCution !Iud wilh 25\ added fur cnl h.ct Ion (."Hi and the underfllMfled furth.... authorize. the I_edt..e t!tuulnM of un 8111JI'oprtatlt writ ur Ulil8CUtl0l1 UpOIl whit:h r..al or 1)8rnonal IJroptlrty -v be Rold without d.18)-' a8 Ilruvlded by IlIw 01' the rules of civil IJrOct"lure 110\1"1'''111'' the enforc...nt or Judll.en'ai and the unth,rflhtned also walves tho rhlht of lnquhltiun Otl "flY rU81 lIotate that eay btt levied upon to coll.ct the a.uunt duo undor " judlilaent obtallun.l by virtue herenf, and uluhu'slRIUtd dneo her. by voluntarily conde.n th_ aa.8 and henthy ,""BiveR and releases Holl 1'01 itt' Fro. RIlY ancl all BIJprahoaltnto, otay, ex..pUnn or ho.e.t.ad 1.,",,8 of any state, nuw in rorce, or hurutlflur IlafH.ed. and any riMht to except to, strike off, open or appeal fr~ the Judg..nt so entur...d; and if It truo cop)' of thin inatrWlunt shall be filud in any 8uch action, it Rhall not he I1ltCllusry to rUe thll orli.inol 88 a WlIrrant uf attorney, any rule of court. to the contrary notwilhatandlng. No aingle e)lurch. of thp f'ouli(ullllt W.larrltnt and po,""ur to confuoo JudR..ut shall be dtle.ed to exhaust the power, hut it shall conllnue undi.iuiuhed and ..y be exercised froe liae to tiae ao often 08 Bank shall elect, until all OWlS payable by the underslAned hoYe been paid in full. 8. Tn secure all obliR.lions of the undorsign&d hereunder, Bank shall have a lien upon and securit). intereBt in IBnd eay, without deaand or notice of' Bny kind. at any ti.e and froa t la. to ti.. when any a.uunt shall be duo and payable by BIICh underniJlned hereunder, appropriate and apply toward the P8yaent of such allOunt, In such order of application as Bank fiY elect) any and all balances, credito, deposits, account a or .uneYB of or in the naa. of undersigned now or hereafter with Bank and any and aU property of every kind or description of or in the n..o or Queh undersiRned no,,", or heroafter, for any reason or purpose whataoever, in the possession or control of B..nk. 9. The 1 lability of the undersigned hereunder io absolute and unconditional and shall not be af'f'ected in any way by reason of Ca) any failure to retain or proserv., or the lack of prior enf'orce..nt or, any riMhts alJainst any person or persons (including Borrower) or In any property, Ib) the invalidity of' any such riRhts which aay be aU_pled to be obtained, (c) any delay in enforcinR or failure to enforce any such rights even if lIuch rights arlt thereby 108t, or Cd) any delay in aaklnR deaand on tha undersigned for perfor_nce or (8)'11ent of the undersigned's obligations hereunder. 10. If tho undersigned conoiBls of more than one person, Buch persons shall be jointly and .everally liable hereunder. Thia Guaranty shall inure to the b.nef'it of Sank, its succeSBora, aS8iRns, endora.eo and anv purnon or persons, including any banking institution or Inotitutions, to whOll Bank aay grant any Interest in Borrower'n liabilities to Bank or any of the., and shall be binding upon the undersigned and the undersiAned'8 8Jt:9cutors, ad.lniotratorB, succossors, o8ulgns, and other leqal representatives. The undersigned intends th1s to be a sealed inotrWDent and to bo I.Rally bound hereb".. All iOOUl)8 or1oing hereunder shall be governed by the law of Pennsylvania. or _~'Y\- WITNESS the due execution ~2Rf) hereof thin -t:~._- day S~orn and sUb8cri~d to before :~;;~~.t_~\991: day of r-.._~ \' ,- 4\ ''':'-\.-2,~~::;::---.${ ~_r_ Notarv pubIIC.-~~ My CO..iS8io" EJt:plres: C NOTARIAL SEAL ' ~r"(j I J ELCER. Ilotary Public "r""~" ~o Ooro. Curr.:Errl~nc Co. ' .. MY}~ll fit",l",:" r ;!).rvs lout). W. '1J"13 , 1991. 1,1~v--S ~W----- -- (SEALI Willia. D. Harrow ._~1:n::1l'p,'\i~_(SF.^LI Ira H. Harrow. II\Bd('~J1:__ LLfd;:,";;t- ~- .........\ ~ II' . /If ",:;.'). '- c:: ~ " - . - ,. . N .' .'. .... ..' .-- .&: .. -, -'''~ c- ,. --=> , ,= :':t'" ",'" - .., (Ja:) <<un -' .. '-' " k ~ . r ... ... ~ .., -.... ) Ct [. " t e l/1 [. ..... r . " , , .... , "" '\ f">, ~. l. "\ '" ~I 't' PA STATE BANK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : Judgment In favor of Plaintiff for $50,000.00 WILLIAM D. MORROW and : Entered to 1995-3691 Civil Term 1995 LINDA M. MORROW, Defendants : Entered of record July 11, 1995 . " LEITER OF A TIORNEY TO SATISFY JUDGMENT AND NOW, to wit, January C', 2000, PA State Bank, Plaintiff In the above judgment does appear and acknowledge that it this day has had and received of and from, J. Robert Morrow and Ernestine S. Morrow, the Defendants in the above judgment, full payment and satisfaction of the same, with interest and costs, and desires that satisfaction therefor shall be entered upon the records thereof. AND FURTHER, it does hereby authorize and empower the Prothonotary of said Court to appear for and in its name and stead to enter full satisfaction upon the records of said judgment, as fully and effectually, to all intents and purposes, as it could were it personally present in person to do so. And for so doing this shall be your sufficient warrant and authority. IN TESTIMONY WHEREOF, it has hereunto set its hand and seal this January, 2000. day of Attest: PA STATE BANK LtJ1<h' j J / ~,y By: HM [brl"- U,,, p^.".i...., (Title) , . COMMONWEALTH OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND / 1'" I On the ~ day of ,_ (( nu (1111 ~, before me, the subscriber, a \\o1-Clt\./ . in and for said' County and State, personally appeared \2 . r:.'\ 1ft V\~ClI /(w, of the said PA State Bank, who being duly sworn according to law, says the he/she was personally present at the execution of the within Letter of Attorney to Satisfy Judgment, and saw the common or corporate seal of said Corporation duly affixed thereto; that the seal so affixed thereto is the common or corporate seal of the said Corporiltion, that !he Leller of Allorney to Satisfy Judgment was duly sealed and delivered by I-hI Y I ( I (\ rillS Ie.., as Se.(xe . -f-ii.../I../ of said Corporation, and as and for the act and deed of the said Corporation: for the uses and purposes therein, l)1entiqned, and that the: nC\mes. of, this . deponent as \1 \ (lL R r (:' ~ 1O'.-Q..FTf"' and of f-Jo. fYl (.( a I::llA ~ , C as of the said Corporation, subscribed to this Letter of Attorney to Satisfy Judgment in attestation of its due execution and delivery are of their and each of their respective handwritings. . :)}uluVxt (J) .~[Ct.u'" Sworn and subscribed before me the day and year aforesaid. WITNESS my hand and official seal. My Commission Expires : NOTAlllAL SUd. MElISSA C. ILAIJ. I'Ill>Ic Camp Hill 801'0. Cvm_nd Co.. PA My CommIooIo. &plm IlK. 3. 2001 o. j ~ ",.." ~ I ~ 0 () GD C) .," -o~ c.. ,,' :r0- T;:] \ I ~!li ~ . J ~-;1 -5:. ''1 ~ ~~, ,.' J t:J " -j.1 ~8 :x ~i :fj ........r") ~ ~ 0111 ~ -, ~ Ul ;!;. ;;J;I (,0) -< ~ .