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HomeMy WebLinkAbout95-03701 ..;."~ :'"-- ~...__.. ,", '. t"'\ (""', )Lo ,; ,.. 3<}u I Ct;.,;) ~- ,~ , , GUAIlAHTY tlllIIRBAS, LJ!'rT'S INCORPORATED (hereinafter called Borrower) desires to transact business with and to obtain credit from the PENNSYLVANIA STATII BANK (hereinafter called Bank); and 1~1~.r.-~I~ 1I/1~'~1 1')('" - (Jlt& '? tlllIIRBAS, Bank is unwilling to extend or continue credit or any renewal thereof to Borrower without this Guaranty. NOW, TBERIIFORII, 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 eet 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 indebtedneBB 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 $76054.28 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 hereunder shall be unlimited. 2. This Guaranty is made and shall continue as to any and all such indsbtedness 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 consideration, or such terms or conditions as may be acceptable to Bank, without in any manner affecting or impairing 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 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 underalQned hereunder and notwithetanding the limit, if any, aet forth in paragraph 1 hereof, the underaigned a180 aqreea to pay to Bank on demand all coata and expenaea (including reaaonable attorneya' feea and leq&1 expenaes) which may be incurred in the enforcement of the Borrower's liabilitiea to Bsnk or the liability or the underaiqned hereunder, 7, The underalqned hereby authorlzes and empowers any Prothonotary, Cierk or Attorney of any Court of Record to sppear for snd conresa judgment egainat the undereiqned in favor of Bank, its succeasore or sseigna, for the eum eet forth in paraqraph 1 hereof, with or without declaratlon filed, with intereet and coete, releaee of error, without etay of executlon and with 25\ added for collection feeel and the undersiqned further authorizes the immediate ieeuing of an appropriate writ of execution upon which real or personal property maybe eold without delay ae provided by law or the rulee of civil procedure governing the enforcement of judqmentsl and the undersiqned aleo waivee the riqht of inquisition on any real eetate that may be levied upon to collect the amount due under a judqment obtained by virtue hereof, snd undereigned doee hereby voluntarily condemn the asme and hereby wsives snd relesaea sll relief rrom sny and all sppralaements, stay, exemption or homestead lswa of any state, now in force, or hereafter paesed, and sny riqht to except to, strike off, open or appeal from the judqment so entered I and if a true copy of thia instrument shall be filed in any such action, it shall not be necessary to rile tho original sa a warrant of attorney, any rule of court to the contrsry notwithstsnding. No sinqle exercise of the foreqoinq wsrrant and power to confesa judgment ahall be deemed to exhauat the power, but it ahall continue undiminiahed and may be exercised from time to time aa often aa Bank shall elect, until all auma payable by the underaiqned have been paid in full. B. To secure all obligations or the undersigned hereunder, Bank ahall have a lien upon and aecurity 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 undersiqned hereunder, appropriate and apply toward the payment of auch amount, in such order or application as Dank may elect) any and all balancea, credits, deposits, accounts or moneys of or in the name or undersigned now or hereafter with Bank and any and all property of every kind or description of or in the name of such undersigned now or hereafter, for any reason or purpoae whatsoever, in the poaeession or control of Bank. 9. The liability of the underalgned hereunder is absolute and unconditlon&1 and shall not be affected in any way by reason or ca) any railure to retain or preserve, or the lack of prior enforcement of, any righto againot any peraon or persons (including Dorrower) or in any property, lb) the invalidity or any such rights which may be attsmpted to be obtained, cc) any dslay in enforcing or failure to enforce any such rights even if such rights are there by loat, or (d) any delay in making demand on the undersignsd for perrormance or payment of the undersignsd's obligations hereunder. 10. If the undersigned consists of more than one psrson, such persons ahall be jointly and severally liable hsreunder. This Guaranty ahall inure to the benefit of Bank, its successors, assigns, endorsees and any person or persons, includinq any banking institution or institutions, to whom Dank 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, adminiatrators, successora, assigns, and other legal representatives. The undersigned intenda this to be a sealed instrument and to be legally bound hereby. All issues ariaing hereunder shall be governed by the law of Pennsylvania. .-." . '. WITNBBB the due execution hereof this 1st day of February , 1993. Sworn and aubacribed to before L:: !;hia I day of Ii/UI/:{.(,(/ , 1993. Q (l!~!;~~ /' &VYl' j;1 /- ~'1.( ././}JzJ~-tA--t-U- ~est~ S. Morrow tll''''~~;~'-! PomI L H. h~~"~\ ;~t:J!Y PLdC ~l-0t:'lft\r.,~~eo.fl!\.' M/Cttm~~"~:2.-r:1l'iJ..ofY)A, 1~ .~r..I1;~,~aI . - c: c-' / /. j ~l) _) "'"r" 7L (, ( ('.~....... Address \., ,.,.... ,..) J(.t"Ii'.",-o ,'f;, ,coo" /,,1 /7"11 c "-' . '.., - '- . ~~ . - - <..0.) ..... -' -, _.. - ...; V'. c <" \J ~ ..., ..... -I , . . ~ '<) "", I u.. '-l ., ..... t ....., ~ ~ ~ '\ " ... q ; i ~ L. ~ f ....,- -, '\. PASTATEBANK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : Judgment in favor of Plaintiff for $76,054.28 J. ROBERT MORROW and ERNESTINE S. MORROW, Defendants : Entered to 1995-3701 Civil Term 1995 : Entered of record July 11, 1995 LEITER OF AITORNEY TO SATISFY JUDGMENT AND NOW, to wit, January (y ,2000, PA State Bank, Plaintiff in the above judgment does appear and acknowledge that it this day has had and received of and from, J. Robert Morrow and Ernestine S. Morrow, the Defendants in the above judgment, full payment and satisfaction of the same, with interest and costs, and desires that satisfaction therefor shall be entered upon the records thereof. AND FURTHER, it does hereby authorize and empower the Prothonotary of said Court to appear for and in its name and stead to enter full satisfaction upon the records of said judgment, as fully and effectually, to all intents and purposes, as it could were it personally present in person to do so. And for so doing this shall be your sufficient warrant and authority. IN TESTIMONY WHEREOF, it has hereunto set its hand and seal this January, 2000. day of Attest: PA STATE BANK G8!u-td ,,-4L ecre ary By: f <(eu, {kJ,~ lJllJ p..,,,l-;', (Title) - '" COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND /-!b- ) , On the \!I day of - Cl VI \;\ a. 1$ ,'J.C'{)(), before me, the subscriber, a {\ofa.\f\~ in and for said ounty and State, personally appeared D ,fl \ (I V\ )0-1 t D VI of the said P A 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 ofth.e said Corp~ati~n"thilt the Lette~ of Attorney tqSatisfY Judgment was duty seal~d and dehvered by .yO~ YI (1f1 I::l I 1'5 f ( ,as .S./' (' Y P -frL.T;i of saId Corporation, and as and for the act and deed of the said Corporati ,for the uses and purp,oyes. tIlerein,t.ltmenponed, and that the name~fis peponenl as \ \rO, oV(Q.',IV\"r- and of'li."'q,v~, flCW I-/U.5(G 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. , 'YVU.1uY)C( (). B~ Sworn and subscribed before me the day and year aforesaid. WITNESS my hand and official seal. My Commission Expires: NOT "1lI"l SlAI. Mfl1S~ c, ew1l. ,_,., PuU;c Comp Hi:; ec.l'O. ClIIro " My Cammlulon bpi... o.c. 3. :lllCl1 , . " P- o ("') 0 'n g: '- -, ~~ "" .-;.......'"\ ~ :.c: "'::-: ." ~3? lr; ,): \ 1:.' -0 ~ -I ':':'~ 0v !ol:: ,-):rJ i~ :a: .;..( ) ~ DITi ~ -~ U1 ~ ~ eN -