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HomeMy WebLinkAbout97-01440 MID SOUTH BUILDING SUPPLIES, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Plaintiff v. RAY SIMMONS and MARY SIMMONS, CIVIL ACTION - LAW Defendants COMPLAINT 'JUDGMENT BY CONFESSIONl 1. The name of Plaintiff is Mid South Building Supplies, Inc., and its address is 2515 Preble Avenue, P.O. Box 99969, Pittsburgh, PA 15233. 2. The names of the Defendants are Ray Simmons and Mary Simmons and their last known address is 1854 West Lisburn Road, Carlisle, PA 17013. 3. Attached hereto as Exhibit "A" is a Guarantee and Suretyship Agreement indicating the signatures of Defendants Ray Simmons and Mary Simmons, guarantors for the debt of R.L. Simmons Builder, which document authorizes the entry of judgment by confession. 4. The instrument attached hereto as Exhibit "A" was given to Plaintiff for a commercial purpose and has never been assigned. 5. No judgment has previously been entered on said instrument in any jurisdiction and the warrant is less than twenty (20) years old. 6. The Defendants defaulted in that they have failed to make payments to Plaintiff despite demand therefore. I i I , . i.. I " . , . " Guarantee And Suretyship Agreement FOR VALUE RECEIVED. and intending to be legally bound. the undersigned ("Surety") absolutely and unconditionallY guarantees JONES & BROWN. INC, and/or MID.SOUTH BUILDING SUPPLIES. INC. alW b\l5omes surely for JIle fulljlnd timely payment. both principal and interest, of the presenl and lulure indebtedness 01 I.\L;) i fI^ M o'/\.$ IJ ",:I.l.!,.. ("Debtor") to JONES & BROWN. INC. and/or MID.SOUTH BUILDING SUPPLIES.INC, Togetherwllh any extensions or ranewals thereolln whole or In part. then and as said Indebtedness becomes due and payable in accordance wilh the tarms therof. whether at maturity or by declaration. acceleration or otherwise, · Surety waives presentment for payment. notice of non'paymenl, demand and protest and declares that Surety's obligations hereunder are absolute and unconditional and shall not be released or discharged by any releasee or discharge of or accord and satisfaction wilh Debtor or any other person by an renewal or extensions of time of payment 01 said indebtedness. by any substitution or release of collaterallherefor. or by any Olher mailer or Ihing whatsoever whereby Surety as unconditional and absolute grantor and surety of said Indebtedness would or might be released or discharged, , In the evenl DelJtor defaulls in the full and timely payment of the principal of or Inlerest on said indebtedness. Surely will promptly make payment directly to JONES & BROWN. INC. and/or MID.SOUTH BUILDING SUPPLIES. INC, Surely's obtlgatlons hereunder shall be directly enforceable by JONES & BROWN,INC, and/or MID.SOUTH BUILDING SUPPLIES, INC, without any action 01 any nature against Debtor or any other person. Said obligations are continuing obligations, are absolute and unconditional irrespective of the genuinesness, validity or enforceabilily 01 any promissory nole or other instrumenl evidencing said indebtedness or of any olher circumstance which might otherwise conslilute a legal equitable discharge of a quarantor or surely. and shall remain in full force and ellect as long as any of said indebtedness remains outstanding and unpaid, Surety has right to revoke this Agreement only as 10 indebtedness of the Debtor arising out of transactions entered Into by Debtor after receipt ofwrlllen notice of revocation by JONES & BROWN. INC. and/or MID.SOUTH BUILDING SUPPLIES, INo. Surety shall pay. in addition to all other sums payable hereunder. the reasonable costs and expenses incurred by JONES & BROWN.INC, and/or MID.SOUTH BUILDING SUPPLIES. INC, in connection wilh all actions taken to enforce collection of said indebtedness upon default by Debtor, whether by legal proceeding otherwise. including withoutlimitalions. and allorney's fee of 10% of the unpaid balance of said indebtedness and court costs, Surety empowers the prothonotary or any allorney of any court of record within the Uniled States or elsewhere to appear for Surety and. wilh or wilhout one or more declarations field. to confess judgment as often as necessary against Surety in favor of JONES & BROWN.INC, and/or MID.SOUTH BUILDING SUPPLIES. INC, in any such court. as of any term, for the unpaid balance of said indebtedness. logether with costs of suit and an allorney's commission of 15% for colleclion. with release of all errors, Surety waives any right to stay of execution and extension upon any lavy on real estate pursuant to any judgement so enlered and also waives the exemption of all property from levy and sale on any execution thereon and also any exemption laws now in force or which may hereafter be enacted by any State or Nation insofar as such exemption laws may be waived, All the foregoing promises and obligations, including withoutlimilation the foregoing warrant of allorney to confess judgement. are the joint and several promises and obligations 01 Surety when more than one, shall bind Surety. heirs, personal representatives. successors and assigns. and shall Inure to the benellt of JONES & BROWN. INC, and/or MID.SOUTH BUILDING SUPPLIES. INC,. Its successors and assigns, whether so expressad or not. This Agreement has been entered into under and prusuant to the laws of the Commonwealth of Pennsylvania and for all purposes shall be construed in accordance with said laws. Surety waives notice of acceptance of this Agreement by JONES & BROWN, INC, and/or MID.SOUTH BUILDING SUPPLIES, INo. EXHIBIT k IrU.<<AlIl.IfIA&.lI.ft\.'f'co. ALL Principal OHlcers/Partners/Spouses Sign Below ..... I~S:- (Slgnalurel Oala (Pflnl Name) (Prlnl Name) (Signature) Dale (Signalure) Olle