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Home My WebLink About98-00534 , j No. 9f'. 531/ Dvll Term 1 i , I ",I ., I I ../' ,-..", i <I ,.\1~.', ~4~-}-.~, .'.'" ' 'vs. ' ~A~-L:...,t(.~ '. ',. , .,','. 4.~/". "., '.' Court Of Common Pleas , Cumbo Co. '0' J " ,I "1 '. .'.1' .- '.:,\: I ., ..... ".' I I --I ,1 l , I I I i 'I ! , I '; , ". .r' , " ,~. '! i . ',,~ . " ~..~',.-:... " '0; . "t. \ I ';:) .C'. " '\1 ( " !. " \ . " /i, '~ ' I! j ( ! :~ I I ,:,'~\~. " , it< '. o' , J' " 0,1, ". , . '~.- . . " ) I} l ~q~ " f # J ~ , I ...."''"''''-~.~~ ': - '):~.;...""..~....,....... 'j \ I I #j!' , i. . '."f.. . ,f I ... 't. ., ..,.... .. , .,~:~ ~.I ''). . . '. 't":,"'; ;.. .~ . ~.; " . '~~"...' I.' '.. ,,'f.' .... , , ,. ' . ". ';,. ; ., I.,. . t< .. '" ,', r'I' J<. .' , . .: . i, ; d~'\ ,,;. ',. . . ~i .. !\>- .. \.....' " ~ if"~ ~ 1 ' ~<"t. ." \J " ! , , Ii ,. , .' -I' Form 52A .'.~:'l 'hi.;, ", Pa, R.C.P, 2962 CU~lBERLAND COURT OF COMMON PLEAS oF~Xl'ltMKtm COUNTY, PENNSYLVANIA CIVIL DIVISION TOWN & COUNTRY, INC, PlainlifflSl< vs, MARTIN H, REIFF and MARTHA JANE REIFF Defendant/s Confessed J~t Docket.. . , A s(..i-- , 0, ~IX.Z-' CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of allomey, the original or a copy of which is allached to the complaint filed in lhis action, I appear for the defendant(s) and confess judgment in favor of the plainliff(s) and against defendant(s) as follows: · (Principal) .(Penal) Sum Other aulhorized items: S 508,236,89 (Specify) .. Interest .. Allorney fees I S 508,236.89 .i Derendant(s) .Strikeoutln.ppUc.b1el'em. Chom~s G. Klingensmith, Esq, - 1.0. 23239 .. Interest and atlorney fees IT13Y be Included only if authorized b> th~arrant. ... ,':"c.' ~ I'. ..'. . "'). . , . -, .' ) ,; ,.1*"$', ci:'....... ".. " "': " 1 .... .. .'~~.. \ ' ..' \ I, . " - . r' l' ).. "/ ./_~ ~ '.~ \ . .....L,!J. .....'. .: .. -.,.. {''': , , .? '... " ' I, ~ i ' " \' ,( I , ; ., I " 1 Town Be Country Inc. A WHOLLY OWN[O SUBSIOIAfl:V OF DANK Of lAtlCASl[R couutv VChIC1c/[qlJlpmCllllr,l\mg . nr("1 ,,'xj 11ll!rv,dlMI P.O. Oox 4573 . 640 E, Oregon Road Lancaster. PA 17604. Phone: (717) 569,0766 Surety Agreement IN CONSIDERATION of credit accommodallon granted or to bogranted by Town & Country, Inc. (herein called Lessor) to MARTIN II. REIFF D/B~ LIJRGAN LEASING (herein called Lessee), the undersigned (and II more than one, each of them jolnlly and severally) hereby (I) become surety to Lessor Its successors, endorsees and assigns. for the payment at meturlty of all IIeblllllas (primary, sacondary. direct, conllngenl, sole, Joint. or several), now or herealter contracted or acquired, of Lessee and/or of Lessee and others to Lessor; (II) assent to all agreamants made or to be made with Lessor by Lessee; (III) consent that Lessor may (a) exchange, subslltute or surrender any property pledged by Lessee (b) renew. extend, or change the terms of any of the Lessee's IIabllllles, or (c) waive any of Lessor's rights or remedies against Lessee; and (Iv) expressly wolves any rights against Lessor for any Impairment of collateral, Including but not limited to, lallure to perfect a security Interest In the collateral. Tha underslgnad agree that: 1. The undersigned need not be notified by Lessor of its acceptence 01 this agreement or of Its Intenllon to act in rellanca thereon, or of any lease to or any other transacllon between Lessor and Lessee. or any default by Lessee. 2. Lessor shall have a lien upon and a security Interest In all property of each of the undersigned now or at any time herealter In Its possession In any capacity whatsoever. Including but not limited to any balance or share of any deposit, trust or agency account. and any policy of IIle or other Insurance, as security lor this undertaking. 3. II any liability 01 Lessee to Lessor shall not be paid when due. allllabllllles of Lessee to Lessor shall be deemed, lor the purpose 01 this Instrumant. to be Immediately due. and Lessor: (a) may lorthwlth recover Irom the undersigned the lull amount 01 any liability hereunder; (b) may sell all or any part 01 any property held as security hereunder on any exchange or at public or private sale at the option of Lessor, at any time or times without advertisement or demand upon or nollce to the undersigned (all 01 which are hereby waived). except such notice as Is required by applicable statute and cannot be waived, with the right on the part 01 Lessor or Its nominee to become the purchaser thereol at such sale (unless prohibited by statute) Iree Irom any equity 01 redemption and Irom all other claims. 4. Each of the persons who has signed this guarantee has unconditionally delivered lito the Lessor, and the lallure to sign this or any other guarantee by any other person shall not discharge the liability 01 any signer. The unconditional liability 01 the signer applies whether he Is Jolnlly and severally liable lor the entire amount 01 the debt or lor only a pro rata portion. 5. The undersigned hereby waives any rights against Lessor lor all errors and omissions In connection wllh Lessor, administration 01 the guaranteed debt, except behavior that amounts to bad lalth, 6. Without In any way limiting the loregolng, the undersigned hereby wolves any rights against Lessor lor any other ael or omission 01 Lessor, (except acts or omission In bad lalth) that changes the scope of the guarantor's risk. 7, This agreement shall conllnue as to each 01 the undersigned until his wrlllen notice 01 termination Is received by Lessor, Any 01 the undersigned so termlnallng this agreement shall not be liable lor any liability 01 Lessee to Lessor which has arisen alter termlnallon unless the same Is In renewal or extension of a liability theretofore existing. 8. CONFESSION OF JUDGMENT - The undersigned (and II more than one. each of them) hereby authorize and empower any attomey 01 any court 01 record to appear lor and conless Judgment against any or all 01 the undersigned lor such sums as shall have become due hereunder, with or without declaration. with costs of suit, release of error. without stay of execution and with eighteen per cent added lor collection lees: and also waive the right 01 Inquisition on any real estate levied on, voluntarily condemn the same. authorize the Prothonotary or Clerk to enter upon the Writ of Execution said voluntary condemnation. agree that said real estate may be sold on a Writ 01 Execution: and also waive and release all rellet from any and all appraisement. stay or exemption law of any state now In lorce and herealter enacted. II a copy 01 this agreement. verified by affidavit of Lessor or someone on Lessor's behall, shall have been flied In such action. II shall not be necessary to file the original agreement as a warrant 01 attorney. The authority and power to appear for and enter Judgment against any or all 01 the undersigned shall not be exhausted by the Initial exercise thereol. and the same may be exercised Irom time to time and as olten as Lessor shall deem necessary or desirable; and this Instrument shall be a sufficient warrant. 9. This Surety Agreement shall be unlimited. or In the amount specified herein. $ UNLIMITED IN W,lrjESS WHEREOF, the undersigned. Intending to bl!J!!llally bound. have duly executed this agreement under seal, this day of '11 1v.e-...1J.i:. .~ 1. SEALED AND DELIVERED In the presence of: ' ll. {J,'Jr.. (Name) } J . REIFF~ C , J (Name) -J.L!,7fi~;.,f71,I.h' ,..a___Jl/ ii ~ LJ loJITNESSED BY:t' 11A.:t:-Ad te.- T/<".L/ JANE REIF P r AJ.'T~A- -rrif. (Name) (Name) EXPLANATION OF RIGHTS IN CONNECTION WITH SIGNING OF INSTRUMENT CONTAINING CONFESSION OF JUDGMENT Re: Instrument In favor of Town & Country, Inc" and against the Undersigned, containing a Confession of Judgment. 111/1 Dated: , 19 9S- Amount: Unlimited or as specified In the Surety Agreement READ CAREFULLY The Undersigned clearly and specifically understand(s) that by signing the Instrument referred to above, containing a Confession of Judgment clause: 1. I/We authorize Town & Country, Inc" or any subsequent holder of the Instrument, to enter Judgment against me (us) at its discretion and In Its favor without notice and without declaration of default for non-payment, which entry of judgment will give the holder of the Instrument a lien as security for payment upon any real property (including a home) owned by me (us) at the time of entry, and a lien on personal property owned by me (us) at the time it is given to the Sheriff for execution, 2, I/We waive all rights to notice and to have an opportunity to be heard prior to the entry of the judgment on the Court records, understanding that the only method to challenge this judgment would be by proceedings In Court to open or strike it, which proceedings would result in substantial attorneys' fees which I/we would have to pay, (Without such clause containing a Confession of Judgment the holder of the Instrument would have to file suit against me (us) which would give me (us) an opportunity for a hearing which I/we do not have by reason of the Confession.) The Undersigned aCknowledge(s) receipt of a copy of this affidavit and certify that after reading it and fully understanding it, the Undersigned has/have signed this affidavit intentionally, understanding and voluntarily waiving all of the above rights, f~ ~:"g : ~'ijg" ,",h '",Irume", '''pile the "";:::~'" 'el forth '?above. ~~{. 'REIFF V /./- . ~..:u l-P.o l..d/ /??tVL.t:/UL Q.a.,u.- ~ (Name) IHTNESSED BY: ~ JANE REIFr J;l t'l-I< TtM' 1rf}R. BP/B27D ~ ~ ~ I - 0:, cr:. ~; :'!.~ , .~ i\~ j ~~ ~ ,~~ ,3 ~ :$ rN v ~ C) ~ ...... oJ. --J- q ~ i:= .> j::; l.uf) r2L.:: l;5(~) 01._ Lul..;._ '-'coo 0:"" f':': IJ. o .. co; l~, , .',.... ""O"t ...... C'l C'! '-,:,<>_J i:J \ ,.:l:::j '11-,..1 ~'Jn.. ::3 o "- ~,... '-:r c:::: en .~. J It ~~ ..,..,.....,~~"1etp'r::;r;;~'""""P'f\Ut:ft"&iIl/c."TIU'){J1 - r ~-'"':'...-.--~.., , Office of Prothonotary at Court 01 Common Plees of ll~ltJjr County. Pa. . NOTICE OF ENTRY OF JUDGME\'lT pu"nuant t~ requirements of Penna. Civil Procedural Rule #236. you are notified that judgment .:' , ", d . 19 98 III Confessed Judgment Docket at was tntered against you In thIS office ~o ay I~ 12j":""-- T,,"('" n"f:'r.~~~'tt~x, Inc. ,., #Li.rJ. ~ in tha amount of $i08. 236.8 I In lavor 01 --":"'~'7~ " ",. f 131. Plaintilffs. on confession 01 judgment coniali\cd ,in,(~o~~IIr.~te. lease, installJTlent ~urcha5e ~9ntract or other document which YO"l:I'SI9n, e~. .' ,;.. "'~'; ", \ Dated' f-~1' CfJ "rl PROTHONOT~~X';Q~' ..... '0 ~ " I (UA:;[.~ (.. v< d.:AV" ,t' ~ " " i t. /; .. ; To' . ", Name, r' ~' (4)',!\" / Completl postotflc:e addreul , , ~Iartin H. Reiff 13020 South Road Sh~ppensburg. Pi 17257-8307 ". .(, . ,I t ". ..J ____..~~~.._ _. ..__ Defend.~~!I.~.,.....'t"'l'd,,:"....t'''''''<''''''''''''''''-'I'' ",",':- ;:-'f"~" '~W'm!'!'~m."'Wl1"~l'l'iWJ'qv:~7Ir6f!fll!.'i\T((j''''''''''' .. ......- , .'; lif/f Office a/Prothonotary of Court 01 Common Pleas ok!!at1tllStpt>County. Pa, ~ . ., NOTICE OF ENTRY OF JUDGMENT Pursuant to requirements of Penna. Civil Procedural Ru~e #236, you are notified that judgment wa~tered against you in this office today In 19. _.!:!.._lll Conlessed Judgment Docket at # '4-4=' in the amount 01 $5,08, 23(, ,n'l (21 in favor 01 --Imin....&....GlllmUy, 1 n~ (3), Plaintiff/s, on confession of judgment contained. in':a"bQ~Ci~\.,.,'ow. lease, installment purchar contract or other document which you signed. '.~ . ,,:" :......~; . \.'1\ Dated: .I - 1.q -1:. n, PROTH~NOTAR..YLJ '~'LJ ,:..'.l' -.o\ \ ,U..Jr ti4 A' C7'~l'-q' .~, J'(;~' \ To: . ,.' '. 1. N.mel r (4) ," . ". f /, ,. , ',\ ~.t':.<.. . ,{i . . .~ .0;. .\, ( ': !., I' L\ I ~ ) } I : ;Ef " ,. ~,. '+.'40 ; ,. : "'" "', ". \.- " , ; i} ','1.( " i I") I ~ .....;l><....., j . ~":-'-:"....J,_~...,....o;... r I I I . , . ' Complete post olflce .ddreSSl " , Martha Jane Reiff 13020 South Road Shippensbury, PA 17257-8307 :.'( 11>- '. '. \ ' ...~. L ..J Delendantls Plalntl" must furnish this form In duplicate, with blanks at (1), (2). (3) .. (4) tilled In, '0 Prothonotary .ccom. panylng document containing confession on which Judgment II to be entered. " 4~e . ~ I... t', ':).. . .' 'j " \'~', .... '.' :a/. ." .'\0.... \..... . , j , i 1 I f . r \ ~ . .'1 /1 i : I , i ;:; ~~.... ," " ,. f ! , ..; ~