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Home My WebLink About01-2539 FX TAYLOR-WHARTON GAS EQUIPMENT, A DIVISION OF HARSCO CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. Ci0JY~ : NO. 0/-- ;;;$3'( COOK LP GAS, INC., : CIVIL ACTION-LAW JOHN A. COOK AND LARETTA COOK, : Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the ccmplaint or for any other claim required by the plaintiff may be entered against you by the court withcut further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 NOTICIA Le han dlamandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. UstEild debe presentar una apariencia escr~a 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades ootros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 lLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 ""U~~..~W -- TAYLOR-WHARTON GAS EQUIPMENT, A DIVISION OF HARSCO CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. . n.....-.-- : NO. 01- :{:539' ~ I~ COOK LP GAS, INC., : CIVIL ACTION-LAW JOHN A. COOK AND LARETIA COOK, : Defendants COMPLAINT 1. The Plaintiff is Taylor-Wharton Gas Equipment, a division of HARSCO Corporation, a corporation organized and existing under the laws of the state of Delaware, with an address of 4718 Old Gettysburg Road, Suite 300, P.O. Box 8870, Camp Hill, Cumberland, PA 17001-8870. 2. The Defendant Cook LP Gas, Inc., is a corporation organized and existing under the laws of the State of Oklahoma, with an address of Route 4, Box 3715, Atoka, Oklahoma 74525. 3. The Defendants John A. Cook and Laretta Cook are adult married individuals with an address of c/o Cook LP Gas, Inc., Route 4, Box 3715, Atoka, Oklahoma 74525. : 'J~~" ~., _ n_ ',~", 'I-I" "j'.! , ;-, I-~ , -'~~---' COUNT I PLAINTIFF V. COOK LP GAS. INC. 4. Paragraphs 1 through 3 are hereby incorporated by reference as if set forth at length. 5. On or about November 9, 1998, the Defendant Cook LP Gas, Inc. entered into a Commercial Note pursuant to which it agreed to pay to the Plaintiff the sum of $22,546.35, in 23 consecutive installments of $1,186.65, commencing 30 days from the date of shipment of equipment separately purchased by Defendants until paid in full. A copy of the Note with all the terms is attached hereto and made a part hereof as Exhibit "A". 6. The equipment referenced in the Note was shipped on December 8, 1998, making the first payment due 30 days thereafter. 7. The Defendants made two payments on account of said Note, but thereafter have made no further payments. 8. There is presently due and owing to the Plaintiff by the Defendant the amount as follows: "iLLn_ ., .-~--- ", , ~~ ~"1" - -, i I .., ..J Principal Interest at 9.25 (2/18/99 through 4/12/01) TOTAL $19,345.37 $ 3,897.02 $23,242.39 9. Pursuant to the terms of the Note, the Defendants areresponsible for the payment for all costs and expenses, including reasonable attorney's fees and disbursements, which may be incurred by Plaintiff in the collection of the Note or the enforcement of the company's rights and remedies thereunder. 10. Plaintiff has made demand upon the Defendants, yet despite demand, the Defendants have failed and/or refused to make payments as aforesaid. WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, in the amount of $23,242.39 as of April 12, 2001, plus continuing interest at the rate of 9.25% thereafter, plus reasonable attorney's fees and costs of suit. COUNT II PLAINTIFF V. COOK LP GAS. INC. 11. Paragraphs 1 through 3 are incorporated by reference as if set forth at length. :'\!I'm .-, > -- .-". ,-or -" ~ '""","" 12. On or about March 4, 1999, Defendant Cook LP Gas, Inc. ordered eighteen 250 gallon propane tanks from the Plaintiff, on an open account, exclusive of the transaction set forth in Count I above. 13. The tanks, plus appropriate Oklahoma decals were shipped to the Defendant on March 6, 1999, with the agreement that the account would be paid net 30 days from the date of shipment. A copy of the invoice is attached hereto and made a part hereof as Exhibit "B", and the copy of the shipping ticket indicating delivery of the tanks to the Defendant is attached hereto and made a part hereof as Exhibit "C". 14. Despite demand, Defendant has failed and/or refused to pay the amount due in accordance with its Agreement with the Plaintiff. 15. Defendant Cook LP Gas, Inc. is liable to the Plaintiff on its open account in the amount of $7,533.00, plus interest and cost of suit. WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants, in the amount of $7,533.00, plus reasonable attorney's fees and costs of suit. \) ~" -'--"""~."",,"~__ - -~ "". '':"~'' "1""1-" .. f --, COUNT III PLAINTIFF V. JOHN A. COOK AND LARETTA COOK 16. Paragraphs 1 through 3 are incorporated by reference as if set forth at length. 17. On or about the 9th day of November, 1998, the Defendants John A. Cook and Laretta Cook executed a Guaranty Agreement in favor of the Plaintiff, under which they personally guaranteed the payment of the amounts set forth in Counts I and II as set forth above. A copy of the Personal Guaranty Contract is attached hereto and made a part hereof as Exhibit "D". 18. As a part of the Personal Guaranty Contract, the Defendants John A. Cook and Laretta Cook agreed to reimburse the Plaintiff for the entire amount of any indebtedness owed to the Plaintiff, in addition to costs of suit and attorney's fees and commission for collection. 19. Despite demand, the Defendants John A. Cook and Laretta Cook have failed and lor refused to make payment of the amounts set forth in Counts I and II above. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in ."';!">,",,,,^""'W1'''^ I r 1 ~ ." favor of the Plaintiff and against the Defendants John A. Cook and Laretta Cook, individually, in the amounts of $23,242.39, and $7,533.00 respectively, for a total of $30,775.39, plus continuing interest, costs of suit and reasonable attorney's fees. Respectfully submitted, PURCELL, KRUG & HALLER BY ohn . Purcell, Jr. I.D 29955 719 North Front Street Harrisburg, PA 17102 (717) 234-4178 "~'-:_jJL~,,: "I ""':--"']'",, " 0'" _!"'!'I' - ~ !, ~ '" ....V.yH'l!:..!'\.................. "_.~'__ , 5 22,546.35 November 9, 1998 FOR VALUE RECEIVED, each of the IIlIdemgned. jointly and sevemlly if more !ban one (bereinafter collectively referred to as "Borrower"), promises to pay to the order ofHARSCO CORPORATION (the "Company"), at its offices at 4718 Old Gettysburg Road. Suite 300, P. O. Box 8870, Camp Hill, PA 17001-8870, the principal amount of Twenty-two Thousand Five Hundred Forty-tix and 35/00 DOLLARS, in lawful money of the United States, plus interest, to be paid as follows: said principal plus interest shaI1 be payable in 23 consecutive equal monthly installments of principal and inten:st, each in the amount of 51,186.65 commencing 30 days from dale of shipment of Equipment and on the same day of the month each month thereafter, each of which installments shall be applied lint to the payment of acaued and unpaid inteze5t and then to the payment of priucipal and a final installment in an amount which is necessary to pay in full all of the outstanding principal plus accrued and unpaid interest on this Note on the date of the final payment. Interest shall accrue at the rate of 9.25% per annum. Payments will be applied as aforesaid on the date received ADDITIONAL TERMS OF TIUS NOTE - Each of the following provisions shall apply to this Note. to any extension or modification hereof and to the indebtedness evidenced hereby, except as otherwise expressly stated above or in a separate writing signed by Company and Borrower. INDEBTEDNESS - This Note evidences the indebtedness of Borrower in connection with the sale of Equipment sold by Company to Borrower. INTEREST - Interest shall be calculated on the basis of a 360-day year and shall be charged for the actual number of days elapsed. Accrued interest shall be payable monthly. Accrued interest shall also be payable when the entire principal balance of this Note becomes due and payable (whether by demand, stated maturity or acceleration) or, if earlier. when such principal balance is actually paid to Company. Interest shaI1 accrue from the date shipment of Equipment is made by Company, provided, however, that to the extent Ibis Note represents a replacement, substitution, renewal or refinancing of existing indebtedness, interest shall accrue from the date hereof. Interest shaI1 accrue on the unpaid balance hereof at the rate provided for in this Note until the entire unpaid balance has been paid in full, notwithstanding the entry of any judgment against Borrower. PAYMENT - A prepayment of principal (including any principal repayment as a result of acceleration by Company aflbis Note) shall require immediate payment to Company of a prepayment fee equal to the amount by which the aggregate present value of scheduled principal and interest payments eliminated by the prepayment exceeds the principal amount being prepaid Said present value shall be calculated by application of a discount rate detennined by Company, in its reasonable judgment, to be theyield-to-maturity plus 1.15% at the time of prepayment, on U.S. Treasury securities having a maturity which most closely approximates the final maturity date of the principal balance then outstanding. Whether or not a prepayment fee is required hereunder, prepayments shaI1 be applied to scheduled installments of principal in the inverse order of their maturity, shall be accompanied by payment of accrued interest on the principal amount being prepaid and, unless this Note has been aceelerated by Company shaI1 not be permitted in an amount less !ban the scheduled principal installment prior to final maturity of the outstanding principal balan<:e. Notwithstanding, any provision contained herein, the maximum prepayment to be ~ paid by Borrower IIlIder this Note shall not exceed the foregoing expressed as a percent of the outstanding principal balance being prepaid: Fully 1st 2nd 3rd Amortized Year Year Year 1 2.00% 2 2.50% 2.00% 3 3.50"/0 3.00% 2.00% 4 4.00% 3.50% 3.00% 5 5.00% 4.00"/0 3 .50"/0 4th 5th Year Year 2.00% 3.00% 2.00% COLLATERAL - This Note and the indebtedness evidenced hereby shall be secured by any lien or security interest evideuced by a writing (wbether now existing or hereafter executed) which contains a provision to the effect that such lien or security interest is intended to secure this Note or indebtedness evidenced hereby. EVENTS OF DEFAULT - Each of the following shall bean Event of Default hereunder: (a) the nonpayment when due of any amount payable under this Note or under any obligation or iudebtedness to Company of Borrower or any person hable, eIther absolutely or contingently, for paymeut of any indebtedness evidenced hereby, including endorsers, guara>>tors and sureties (each such person is referred to as an "Obligor"); (b) if Borrowcr or any Obligor Exhibit "A" l,q ~~ """ ""~",......, , -, 1'1 i~ ~ ~ r _ .. .__, _ _ ' _' ,-- '-~-'- --~"=1 'di''"''''''>--''''--''_'E''~1_<C''.-..''''"__'',>,-,;",,+,,;_j,->'';''_;' ,.__" -;;,' .",.-"_~~ ,_d,'_, ; 't-_',-,,,,,-<~.,",-.,,,,/,,; hasfai,\cd. to observe ~r ,oenonn any oJ....:cr l;;XJ.:iung 9.[ l"UJ.wC,,agre;.IT1cnt -W1W CiJ.(A2p~.y oJ':: x:.:; ;::.:.~:.::: lI;,.AL~~.::..~~:-:lO ~fllliL'Ir~J_ _I: r.kil:ii r: (c) If any representatloll, warranfy, rertificate, financial statement or other information made or given by Borrower or any Obligor to Company is matenally incorrect or misleading; (d) if Borrower'or any bbligor shall become insolvent or make an assignment for the benefit of creditors or if.any petition shall be filed by or against Borrower or any Obligor under any bankruptcy or insolvency law; (e) the entry of any judgment against Borrower or any Obligor which remains unsatisfied for 15 days or the issuance of any attachment, tax lien, levy or garnishment against any property of material value in which Borrower or any Obligor has an interest; (f) if any attachment, levy, garnishment or similar legal process is served upon Company as a result of any claim against Borrower or any Obligor or against any property of Borrower or any Obligor; (g) the diSSOlution, merger, consolidatio!, or change in control (as control is defined in Rule 12b-2 under the Securify Exchange ACIt of 1934), of any Borrower which is a corporation or partnership, or the sale or transfer of any substantial portion of any of Borrower's assets, or if any agreement for such dissolution, merger, or consolidation, change in control, sale or transfer is entered into by Borrower, without the written consent of Company; (h) the death of any Borrower or Obligor who is a natural person; (i) if Company detennines reasonably and in good faith that an event has occurred or a condition exists which has had, or is likely to have, a material adverse effect on the financial condition or creditworthiness of Borrower or any Obligor, or on the abilify of Borrower or any Obligor to perform its obligation evidenced by this Note; (j) if Borrower shall fail to remit promptly when due to the appropriate government agency or authorized depository, any amount collected or withlleld from any employee of Borrower for payroll taxed, Social Securify payments or similar payroll deductions; (k) if any Obligor shall attempt to terminate or disclaim such Obligor's liabilify for the indebtedness evidenced by this Note; (I) if Company shall reasonably and in good faith determine and notify Borrower that any collateral for this Note or for the indebtedness evidenced hereby is insufficient as to qualify or quantify; (m) if Borrower shall fail to pay when due any material indebtedness for borrowed money other than to Company; of (n) if Borrower shall be notified of the failure of Borrower or any Obligor to provide financial and other information promptly when reasonably requested by Company. , ., ',~_ l' COMP ANY'S REMEDIES - Upon the occurrence of one or more Events of Default, unless Company elects otherwise, the entire unpaid balanre of this Note and all accrued interest shall be immediately due and payable without notice to Borrower or any Obligor, and Company may, immediately or at any time thereaft~, exercise any or all of its rights and remedies hereunder or under any agreement or otherwise under applicable law against Borrower, any Obligor and any collateral. Company may exercise its rights and remedies in any order and may, at its option, delay in or refrain from exercising some or all of its rights and remedies without prejudice thereto. If Borrower fails to make any payment when due hereunder, Borrower shall pay company a service charge of five percent (5%) of such delinquent amount plus interest thereon from the due date thereof until paid at the ~ rate set forth above. NOTICE TO BORROWER - Any notice required to be given by Company under the provisions of this Note shall be effective as 10 each Borrower and each Obligor when addressed to Borrower and deposited in the mail, postage prep;tid, for delivery by first class mail at Borrower's mailing address as it appears on Company's records. PAYMENTS - All payments due under this Note are to be made in immediately available funds. If Company accepts payment in any other fonD, such payment shall not be deemed to have been made until the funds comprising such payment have actually been received by or made available to Company. PAYMENT OF COSTS - In addition to the principal and interest payable hereunder, Borrower agrees to pay Company, on demand, aU costs and expenses (including reasonable attorney's fees and disbwsements) which may be incurred by Company in the collection of this Note or the enforcement of Company's rights and remedied hereunder. REPRESE!\"TATlONS BY BORROWER -lfBorrower is a corporation or a general or limited partnership, Borrower represents and warrants that it is validly existing and in good standing in the jurisdiction under whose laws it was organized. lfBorrower is a corporation, Borrower represents and warrants that the.executiou, delivery and performance of this Note are within Borrower's corporate powers, have been duly authorized by all necessary action by Borrower's Board of Directors, and are not in contravention of the terms of Borrower's charter, by-laws. or any resolution of its Board of Directors. lfBorrower is a general or limited partnership, Borrower represents and warrants that the execution, delivery and performanre of this Note have been duly authorized and are not in conflict with any provision of Borrower's partnership agreement or certificate of limited partnership. Ilorrower further represents and warrants that this Note has been validly executed and is enforceable in accordan~e with its terms. that the execution, delivery and performance by Borrower of this Note are not in contravention 01 law and do not conflict with any indenture, agreement or undertaking to which Borrower is a party or is otherwise bound, and that no consent or approval of any governmental authority or any third party is required in connection with the executiou, delivery and performance of this Note. WAIVER. ETC.. - Borrower and each Obligor waive presentment, dishonor, notice of dishonor, protest and notice of protest. Neither the failure nor any delay on the .part of Company to exercise any right, rcmedy, power or privilege ~ ~ ,tM9ll1\)1 , _1/!:!l!ffi>>;:CfP1l<m!ii7'~\i>Wffi~'!l~~Ci'!~'n-<\,,,~:y.i1"""~'-'C"-'-"":W""'iI,^_"r,w';!;--~,,,pY,,' ___' '-~"~'Wl",-,p;'-~n-:." ~---, -:-"'-" ",-" . ',,,--.,,' '-'"; '" ;;'i",'~-- ";~'-"~I_;,~,~ ;'-"'--'i"'T""f_\-""""'''''''"''',_,.=,-",-=,,,,_ h.creunric.c si1all- op~ra:.c ;s u ','\ <llY.....: \..'1 :::'-'Wl.:n.:a-f,J-tH1,,:i>H,H I.;.UL'. "''''[!M--w'J'!~~~,~.~~ t',',i '.u . _~ _~ .. litis Note shall be effective unless set fonh in a writing Signed by company. AU rights and remedies of Company are cumulative and concurrent and BO sinile or partial exercise of any power or privilege shall preclude any other or further exercise of any right, power or privilege. . MISCElLANEOUS -"This Note is the unconditional obligation of Borrower, and Borrower agrees that Company shall not be required to exercise any of its rights or remedies against any collateral in which it holds a lien or security interest or against which it has a right of setoff or against any particular Obligor. All representation, wamtllties and agreements herein are made jointly and severally by each Borrower. If any provision of this Note shall be held invalid or unenforceable. such invalidity ofunenforceability shall not affect any other provision hereof. To the extent that this Note represents a replacement, substitution, renewal or refinancing of a pre-existing note or other evidence of indebtedness. the indebtedness represented by such pre-existing note or other instrument shall not be deemed to have been extinguished hereby. This Note has been delivered in and shall be governed by and constroed in accordance with the laws of the Commonwealth of Pennsylvania without regard to the law conflicts. This Note shall be binding upon each Borrower and each Obligor and upon their personal representatives, heirs, successors and assigns. and shall benefit Company and its successors and assigns. ASSIGNMENT BY COMPANY - Company may assign or transfer, and Borrower hereby consents to the assignment or tranSfer, of Company's interest in this Note without notice to Borrower. Borrower agrees that the liability of Borrower to any assignee of Company or any subsequent assignee of such assignee, shall be absolute and uncouditional. CONSENT TO JURISDICTION AND VENUE -IN ANY LEGAL,PROCEEDINC INVOL'1!NG.lltRECTLY OR INDIRECTLY, ANY MAtTER ARISING OUR OFOR RELATED TO THIS. NOTE OJ{ THE'RELAJTIONSIUPllWlDENCED HEREBY. EACH UNDEIjSIGNED PARTY HEREBY IRREVOCABLY SUBMI'J"S TO THE NQ!\fEXCLUSIVIl.ro!USDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN ANY COUNTY OF THE COMMONWEALTH OF PE.Jj!NSVLVANIA WHERE COMPANY MAINTAINS AN OmCEAND AGREES NOT TO RAISE ANY OBJECTION'TO SUCH. 4URIsDICTION OR TO THE LAYING OR MAINTAINING OF THE VENUE OF ANY SUCH PROCEEJ;jING IN SUCH COUNTY. EACH IJNDERSIGNED PARTY AGREES THAT SERVICE OF PRQCESS IN ANY SUCH PROCEEDING MAY BE DULY EFFECTED uPoN IT BY MAILING A COpy THEREOF. BY REGISTERED MAIL. POSTAGE PREPAID. TO EACHIJNDERSIGNED:PARTv. WAIVER OF JURY TRIAL - EACH UNDERSIGNED PARTY HEREBY WAIVI!S AND COMPANY BY ITS ACCEPTANCE HEREOF THEREBY WAIVES. TRIAL BY JURY IN ANY LEGAL PROCIiE>ING INVOLVING. DIRECTLY OR INDlRECrLY.ANY MATTER (WHETHER SOUNDING IN TORT. CONTRACT OR OTHERWISE) IN ANY WAY ,\RISING OUT OF OR RELATED TO nlls NOTE OR THE REtAnoNsIDr EVIDENCED HEREBY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR COMPANY TO ENTER INTO. ACCEPT OR RELY UPON tHIS NOTE. IN WITNESS WHEREOF, Borrower. intending this to be a sealed instrument and intending to be legally bound hereby, has executed and delivered this Note as of the day and year first above written. Corporation or Partnership: ~~ .-1 By: Cook LP Gas.Ine. I? ~: . .-&Ldi L~&/( JoIm A. Cook. President (Print name and title) t Individuals: Witness Borrower x x (print name of Wituess) . (Print name of Borrower) x x (print name of Witness) (print name of Borrower) ". ~r ~ _", "",.. ^ , 1'1' -- J' ------- ,- -. b.' I' c ~u... - ~ u '2. l."l:: r--. 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CD - -tr,; >- .'<:1: ~ Cl 0 ~ t,? I-' UJ 'z * * (I) .,~ It 0:: UJ , I- * -- (I) I ffi . l"':! t':' u~, I'- Exhibit "BIt " ~American It!J Welding & Tank Co. a>1iTAYLOR-WHARTON = W GAS EOUIPMENT DIVISION l!::I . ~~... .. SALES OFFICE P.O. BOX 8870 CAMP Hill. PA 17001.8870 800-568.2657 PLANT OFFICE PO. DRAWER 1113 ~ n JESUP, GA 31598 912-427-7711 COOv. L.P. GAS co; RT. 4, BOX 3715 ATOI{A c:sv. L. F'. 8AS_ CO. 7:7 SOUTH OHIO F.-. 4, BOX 3715 ~:'. ;;-:;KA -'.; Ol/. ~74525 0[.< 74525 CUST. ~lO., 132526 fbJ tJ~ 88044476 SG044'~ 77 FSG044478 bSG044479 IS8044.,'60 ~SG04lt.Lri37 5G044488 '8G04.<,.489 25G044493 iSG044495 SGO.<,4671 8G04'1:-672 SG044673 pSGOLI.f+674 238044675 2SG044676 - 25G044677 288044679 I I 113 69i00002 O!~<LAHmlA DECALS 1 NPGA-133':;S9(a) SAFETY BUL~~-:-!~~, 'PURGING LP-G,'\S CONTAINEF:S- .' DOMES I TEi~1S Dot1ES UNI_ES RECEI'v' D QTY 1..2- DA~lAGE IMISSING I NST ALliED ON T A !,<S y ~, NOTED.I ITEMS L STED A30VE .1 , c L- COLOR ~ DUNNAGE/PACfC',S REMOVED N RECEIVED IN GOO: :RDER ~ .~~~lQG CO. Ri=:F'RESEr,n,'\ IVE 1 DR I,jEF: II If '.VH1TE - CAMP HILL. YELLQW - CUSTm,1ER. = '.~ - FILE E-20'7306 E~-20'731 (> E-20'7312 E-207317 E-207312 E '-1~(l'731 S E-20731 C, E '-20731 4- E-20731S: 1=:-20'731;.3 E-20730E E-207311 E-2073~')7 E-i.:~0730'~ E-207309 1-::-207302 E-207302 E-20'7305 Personal Guaranty Contract GUARANTY AGREEMENT dated this 9th day of Novenber, 1998 for and in consideration of the extension of credit to Cook LP Gas, Inc. and/or his agents of John A. ~ Cook and Laretta Cook, (referred to hereinafter as the "Guarantor'), and other good and sufficient conslderatio.ns to the underSigned accruing, I (or we, jOintly and severally) hereby give this Continuing Guaranty to Taylor-Wharton Gas Equipment Division ofHarsco Corporation (referred to hereinafter as the "Harscoj, for the payment in full, together with all interest, fees and charges of whatsoever nature and kind of any and all indebtedness of the Guarantor to the Harsco, whether an open account, cl'edit card account, or evidenced by note, secul'ed or unsecured, due and owing at the present time, or that may hereafter be due and owing l)y Guarantor to Harsco, and it is further agreed/hat if bills are not paid when due, I (orwe or any of us) will personally pay the same upon notice and demand. It is agreed that this Continuing Guaranty applies to any extensions or renewals of credit given by Harsco to Gua.rantor. It is specifically understood and agreed that the Harsco Shall not be required to exhaust its legal remedies for reC()very and collection against the Guarantor before looking to the undersigned (or any of them) for payment of th.is account, but that if the account is not paid when due Harsco may, at once, notify the undersigned, and upon receipt ohuch notice that the said account is past due and unpaid, the undersigned assumes liability therefor and agrees to pay the same without delay or defalcation. The discharge of Guarantor in bankruptcy wi/! not relieve the undersigned from liability with regard to any amount due and owing under this Continuing Guaranty. It is distinctly understood and agreed that Harsco may enter suit against the undersigned (or anyone or more of the undersigned) for the recovery ofthe entire amount of said indebtedness hereby secured, and may recover judgment therefore against the undersigned (or anyone or more of said guarantorS). It is also understood and agreed that in the event the Harsco commences such sliitthen and in that event I (or we and each of us) shall pay forthe cost of suit and attomeys' fees and commissions for collection, in addition to the indebtedness hereby secured. It is further understood and agreed that the undersigned, each for himself, his heirs, executors, and administrators, does hereby waive the benefit of any and all state laws exempting real and/or personal property from levy and sale on execution, and agrees to the immediate issuance and levying of writs of execution upon his interests in any real estate of personal property and the SUbjugation thereof to sale for satisfaction of any such judgment or judgments. The undersigned hereby waives notice of the acceptance of this guaranty, notice of demand and maturity of payments to become due, notice of default in payment by the Guarantor and all such notices required or customarily given under like circumstances. It is also specifically understood and agreed that I (or we and each of us) expressly con!;entthat the time of payment of any indebtedness hereby secul'ed may. be extended, or that the Harsco may ahny time require and accept other security of any nature whatsoever from Guarantor without notice to consent from me (or us or each of us). I (or we and each of us jointly and severally) agree to be held responSible for said obligations precisely as if the same had been contracted and due and owing by the undersigned or each of US in person. This Continuing Guaranty binds each of the signers hereto, jointly and severally, their respective heirs, executors, and administrators and shall extend to and cover all renewals of any claims or demands guaranteed under this instrument, or the extension of time of payment thereof, and shall remain in full force and effect from this date until revoked by the undersigned in writing to be sent byregistel'ed mail to the Vice President-Controller at P.O. Box 8316, City of Camp Hill, State of Pennsylvania 17001-8316, evidence of such mailing to be Exhibit "D" IT , ,< I"'!" ,~ , 'j" "", I iil .< "-= ~_ --. ,o-~-".,,__,-~.,. '<!' 'T"'j: ~.""'''''~ "Y--/,(k-':'''--ffl~r W~t'Jfr:~r'j"~rf'fjfJ'" "11~P[~)"~?~"~~ established by postal receipt. No addition, alteration, modification, novation or change in any of the tenns or conditions of this Guaranty shall be binding upon the Harsco unless made in writing and signed by an authorized Vice President of Harsco. The obligation of Guarantor is a primary and unconditional obligation and shall not be affected in any manner by any change in the status of Customer or by any change from any.... cause whatsoever. This Guaranty shall not be revoked by the death or incapacity of any Guarantor but shall remain in full force and effect until tenninated in a writing executed by Harsco and Guarantor. Guarantor hereby waives any defenses whatsoever which Guarantor and/or Customer may have with respect to any of the obligations or liabilities of Guarantor to Harsco under this Guaranty including, without limitation to the generality hereof, defenses arising out of estoppel, laches or any statute of limitations. It is the specific intention and agreement of the parties that this Agreement for any purpose be govemed and interpreted solely by and under the laws of the Commonwealth of Pennsylvania in which jurisdiction the principal offices of Harsco Corporation are located. It is the specific intention and agreement of the parties that this Agreement be suitable for filing and confession of judgment in the event of a default hereunder. If any provisions of this Guaranty Agreement shall contravene or be invalid under the laws of the United States or any State, such contravention or invalidity shall not invalidate this Agreement or any other agreement which is part of this transaction, but shall be construed as not containing such provision, and the rights and obligations of the parties under this Guaranty Agreement shall be interpreted, construed and enforced accordingly. IN WITNESS WHEREOF, the parties have executed this Guaranty Agreement the day and year first above written. WITNESS: ~L: ' ~ ~~L&~ GllA~~RS luu~ ,~' /0~~ -lkJT./L , , John A. Cook f:fJ?db--c?.rr/L Laretta Cook WITNESS: Taylor-Wharton Gas. Equipment Division f Harsco Co . n t 4~ II ~~ ~iWM_~,lll~~J'f.IIlm!l~!ll~~~M,,,,U.M"'~~!iW\'O!'_,!I'__~;_'W!'W~~_~\lI">!1!!~~","n'~'n"",:,._~;"",'T":-;-^_ "-,"',-/ ;,,-, '''''''F-H''S''--<''~'~,"'f<B'f'''''I-_'''iC'''~;''''<'''':lrR''l"fi.'''rfi--'1'''''",HI'-';''''-,nf~; ,=. VERIFICATION COMPANY NAME: TAYLOR-WHARTON GAS EQUIPMENT DIVISION OF HARSCO CORPORATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. 3 4904 relating to unsworn falsification to authorities. Dated: '-11/;).101 By .~ Titl r-Ceehof ;;--,.....,c.,~ '~'~-.< _, _ 5!J _, . . ,__,'~ '!_' , " _'1_]7,'_ ", ';',~-, -',,-, - ~'- ". , . , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT OF SERVICE OF PROCESS TAYLOR-WHARTON GAS EQUIPMENT, A DIVISION OF HARSCO CORPORATION Plaintiff NO. 01-2539 CIVIL ACTION - LAW versus COOK LP GAS, INC., JOHN A COOK AND LARETT A COOK Defendant ;,:,,0"# ali persons by these prese~ts tllat L Je.tf..-. H()tl~___., was assigned to dvty execute this service upon the following defendant JOHN A. COOK at ROUTE 4. BOX 3715, ATOKA, OKLAHOMA 74525. I hereby depose and say: I) That I am of the necessary age and sound mind to execute said service. 2) That I am not a party to the action or have any interest in it. 3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private investigator. I hereby certify that on .!)-.J,;l-b I at approximately 1j/3tJ ll!Ia.m. iJp.m. a true and correct copy of the NOTICE AND COMPLAINT were served on the above-named party or witness in the following manner: 1lD I personally delivered them into the hands of the person to be served. o By leaving a copy at his/her usual place of abode with , whose relationship to the defendant is , and who is of suitable age and discretion and also residing therein. o By leaving a copy with , the manager/clerk of place of lodging in which defendant resides. o By leaving a copy with , the agent in charge of defendant's office or usual place of business. Job title or position of agent is o After due and diligent efforts, described below, I was unable to serve the process be-:au.'3e: Description of Recipient: Sex: 'fYl Race: LV Approximate Height: L Approximate Weight: J 1 S- Approximate Age: SD FURTHER AFFIDAVIT SAYTH NOT, 1U.~ Signature of Proce s Server Suhscribed and sworn to before me this d3t:t~ N~ta-;-.y-Public ~;~~~ :<'41/ ',., 0" -, ~r'::')I~_'o J _, _ . '1-"" J _," fIl .~ .> .~ .~ ~".'" ~ ~"' ~~"" '~~"'"~'TImm-[l?lir\lin l'l'\'liftil!"'" . (") 0 (~j c -f1 $: C-- j.}jOJ C ~I~ ZHl _.~ ::0 - ZS; I t:~~~$? (/") ,. '.n -<L. ~Ct ",--1-:> -0 ~~~~ ~O 3: 0 ~ Cjrfl J>C --I ~ U1 5) /i _I -, , - ~,~~J.~ ~==,'1~'J);'~'m~lf"",i'!?-ll!if~~""'i~'lI-~W0!~~"ltm~I:l?,\~~~I~,Wjj~~mm~I!I'lJ!~:JW)j~:'- ,_iil.j.~.~~l~:"': ~, ~iiI,~ ;'-"" " ' ,. :-c-, ,,-, ,~ ... .- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT OF SERVICE OF PROCESS TAYLOR-WHARTON GAS EQUIPMENT, A DIVISION OF HARSCO CORPORATION Plaintiff versus COOK LP GAS. INC., JOHN A. COOK AND LARETT A COOK Defendant NO. 01-2539 CIVIL ACTION - LAW Know all persons by these presents that I, )/eeL lIoJ.342- ,was assigned to duly execute this service upon the following defendant: LARETTA COOK at ROUTE 4. BOX 3715. ATOKA. OKLAHOMA 74525. I hereby depose and say: I) That I am of the necessary age and sound mind to execute s~id service. 2) That I am not a party to the action or have any interest in it 3) That I am an agent 01 Eric J. Kerchner, a Monroe County, Pennsylvania licensed private investigator I hereby certify that on $-;;;l';;'-IJ I at approximately /I:3tJ illa.m. Op.m. a true and correct copy of the NOTICE AND COMPLAINT were served on the above-named party or witness in the following manner: Il I personally delivered them into the hands of the person to be served. o By leaving a copy at his/her usual place of abode with , whose relationship to the defendant is , and who is of suitable age and discretion and also residing therein. o By leaving a copy with , the manager/clerk of place of lodging in which defendant resides. o By leaving a copy with , the agent in charge of defendant's office or usual place of business. Job title or position of agent is [J After due and diligent efforts, described below, I was unable to serve the process because: Description of Recipient: Sex: L Race: 0 Approximate Height: 5" If Approximate Weight & Approximate Age: !/:...A..- FURTHER AFFIDAVIT SAYTH NOT. '"1ijJ~ Signature of Process Server Subscribed and sworn to before me this day of .A1ay:25 ,2001. ~tJ~ Notary Public t:::: / f/d),Co / 1d"W '1 "~1'"",, . u c~ nh,fitJj$~;kh,1J~'-f) .'-., .1"1 .-'j ~ ~ll '''''r'', ,.._'o__~!I'IIII .... ~-' --'~ '_"_~_'~___ ~ ',,,",n -''''=:'-~ ",I"~ .ilf "I'fmr"illn- rll~'.-'lnlr'jr ,. (") c c:: c; :-os: I" l:- mp,;; c:.: z" ....,... .:.._~ -,., z::V - ;"r:::: wS , -gtB ~2 (11 kG -" ,g~ ~(") 3:- ;;:;0 l);> ~ =< U1 s;! -...J ~ -- ~~I-'.l_,,)J_,ri'Jirrlf~~tm<"jIf'"""''''i''''''~~~\~~W'lilr'-t:rer~%'jfqJl'~@~':I;~~~~!lWtij!'ft~~~~'1 .ht- "" ",' .,.~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT OF SERVICE OF PROCESS TAYLOR-WHARTON GAS EQUIPMENT, A DIVISION OF HARSCO CORPORATION Plaintiff NO. 01-2539 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE versus COOK LP GAS, INC., JOHN A. COOK AND LARETT A COOK Defendant Know all persons by these presents that I, N eJ. #/)""5 e.. , was assigned to duly execute this service upon the following defendant: JOHN A. COOK AND JOHN A. COOK AS PRESIDENT OF COOK LP GAS INC. at ROUTE 4. BOX 3715. ATOKA. OKLAHOMA 74525. I herebY depose and say: I) That I am of the necessary age and sound mind to execute said service. 2) That I am not a party to the action or have any interest in it. 3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private investigator I hereby certify that on 5/22/01 at approximately 11 :30 a.m. a true and correct copy of the NOTICE AND COMPLAINT were served on the above-named party or witness in the following manner: "S I personally delivered them into the hands of the person to be served. D By leaving a copy at hislher usual place of abode with , whose relationship to the defendant is , and who is of suitable age and discretion and also residing therein. D By leaving a copy with , the manager/clerk of place of lodging in which defendant resides. D By leaving a copy with , the agent in charge of defendant's office or usual place of business. Job title or position of agent is D After due and diligent efforts, described below, I was unable to serve the process hp(,;811se' '_~M"_ _... __.____ ___._____~..____ _____"____.____._______._~. Description of Recipient: Sex: MALE Race: CAUCASIAN Approximate Height: 6' Approximate Weight: 175 Approximate Age: 50 FURTHER AFFIDAVIT SAYTH NOT. /t12/krfl1- Signature 6f Process Server jfj(;'i' C{tM;\{qjlS:t$)i!')~ ~;';i'tHViP: P1Y tlJrnm/5SIO/J EXfl,e€s; 7tlnt: .;;lo, d.O,,:;J, '",-. .;i;'" ill. rr0 " .~ -'=~ ~2 - _" "~'~"i' ~-_""n_;.,,__~ W;, <'."""''''' - rrilli' ill lfu HlllIl1i"r , . 0 t.-''> C O? ~~ u Eo ,-- nl rr: ,~"~ Z :'.-C :?) zc;.' 1'0 ~~~f c' ~ c -~.". :i"; c: :z :>- c r<:, C Z ._.1 =< ::::) ~~ f'') ~~"","""",_,~,",,"_ \58l!l!l~. ,~""~ !ii~,"",_,_ """'~~~~_~_. ,lI'-l I"I"liJl i~.~'~l\"I!W~mijl'""""':A_'",'r<!"""!(.'iI""",,,,,I"""'"'-IR'!~"'r;I~",,lI'gi~~!>l\l''il~,~t!1~~'{l1~!;i;\''!!W~'i!if_iWl1f!~-W:'INI'~~~~,'i In i TAYLOR-WHARTON GAS EQUIPMENT, A DIVISION OF HARSCO CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-2539 CIVIL TERM COOK LP GAS, INC., : CIVIL ACTION-LAW JOHN A. COOK AND LARETTA COOK, : Defendants PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against the Defendants in the amount of $30,775.39, plus continuing interest at contract rate, plus costs of suit and attorney's fees, for failure to file an Answer to the Complaint, and after Ten Days Notice of Default under Pa. R.C.P. 237.1. I hereby certify that a Ten Days Notice of Default was mailed to the Defendants on July 2, 2001 in accordance with the above referenced Rule. Respectfully submitted, PURCELL, KRUG & HALLER BY Jo W. Purcell, Jr. . 29955 1719 North Front Street Hanisburg, PA 17102 (717) 234-4178 Date: July 24, 2001 ,-",'-'.",". -~~,~ ~, ~,. , r-l jl ~ . ~, ~ <t ,~" - "#5.. . 1 TAYLOR-WHARTON GAS EQUIPMENT, A DIVISION OF HARSCO CORPORATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-2539 CIVIL TERM COOK LP GAS, INC., JOHN A. COOK AND LARETTA COOK, Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Cook LP Gas, Inc. Defendant Route 4, Box 3715, Atoka, Oklahoma 74525 and Harold L. Witcher, Esquire H.C. 80, Box 350 Atoka, OK 74525 DATE OF NOTICE: July 2, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE P~RSONALL Y OR BY ATTORNEY AND FILE IN WRITIN~ WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17B:l3 (717) 249-3166 (800) 990-9108 PUR KRUG & HALLER ohn W. Purcell, Jr. 1.0.29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 - I'" -I," ~ -"-<"" " / . .. -...........,'." tp::., ~~~- NOTICIA IMPORTANTE TO: Coo~ LP Gas, Inc. Defendant Route 4, Box 3715, Atoka, Oklahoma 74525 and Harold L. Witcher, Esquire H.C. 80, Box 350 Atoka, OK 74525 FECHA DE NOTICIA: July 2, 2001 USTEO NO HA COMPLlOO CON EL AVISO ANTERIOR PORQUE HA FAL TAOO EN TOMAR MEOIOAS REQUERIOAS RESPECTO A ESTE CASO. SI USTEO NO ACUTA OENTRO DE OIEZ (10) DIAS OESOE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA RESITRAOO CONTRA USTEO SIN UNA AUDENCIA Y USTEO POORIA PEROER SU PROPIEOAO 0 OTROS OERECHOS IMPORTANTES. USTED OEBE LLEVAR ESTA NOTICIA A SU ABOGAOO EN SEGUIOA. SI USTEO NO TIENE ABOGAOO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABAOGAOO, VAYA o LLAME A LA OFICINA ABAJO PARA AVERIGUAR A OONDE USTEO PUEOE OBTENER LA AYUDA LEQAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 'fi~---~_~, . '" - c,",_,,-_"_ , 0 ., r-r-_,Wl , " . ~ - ' ,',-" ." -'_'c,;'_".t.~,;'7,,~,~-. . . , - . TAYLOR-WHARTON GAS EQUIPMENT, A DIVISION OF HARSCO CORPORATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-2539 CIVIL TERM COOK LP GAS, INC., JOHN A. COOKAND LARETTA COOK, Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: John A. Cook, Defendant Route 4, Box 3715, Atoka, Oklahoma 74525 and Harold L. Witcher, Esquire H.C. 80, Box 350 Atoka, OK 74525 DATE OF NOTICE: July 2, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 170+3 (717) 249-3166 (800) 990-9108 PURCELL, KRUG & HALLER h . Purcell, Jr. I. . 29955 19 North Front Street Harrisburg, PA 17102 (717) 234-4178 BY J:f-_"",-" .' , -'I" > ' ,,_~ -7'1~', -1['" ,., ~ ~ - ". - ^ -~ " ". . . '. NOTICIA IMPORTANTE TO: John A."Cook, Defendant Route 4, Box 3715, Atoka, Oklahoma 74525 and Harold L. Witcher, Esquire H.C. 80, Box 350 Atoka, OK 74525 FECHA DE NOTICIA: July 2, 2001 USTED NO HA COMPLlDO CON EL AVISO ANTERIOR PORQUE HA FAL TADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACUTA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABAOGADO, VAYA o LLAME A LA OFICINA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ;/-"; - - .' -~" , '," " I I~- I - - 'II I _ ,-~ ,or , - - -- ~ ~,~. '. , TAYLOR-WHARTON GAS EQUIPMENT, A : IN THE COURT OF COMMON PLEAS DIVISION OF HARSCO CORPORATION : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 01-2539 CIVIL TERM COOK LP GAS, INC., JOHN A. COOl<: AND LARETTA COOK, Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Laretta Cook, Defendant Route 4, Box 3715, Atoka, Oklahoma 74525 and Harold L. Witcher, Esquire H.C. 80, Box 350 Atoka, OK 74525 DATE OF NOTICE: July 2,2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 1701-3 (717)249-3166 (800) 990-9108 BY J . Purcell, Jr. . 29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,~,_,o<> <, -< - , < ,',c",l1- ~ ~ , 'f "'I_I ~ ',,~ '.' . ~ ""'''''. / / NOTICIA IMPORTANTE TO: Laretta Cook, Defendant Route 4, Box 3715, Atoka, Oklahoma 74525 and Harold L. Witcher, Esquire H.C. 80, Box 350 Atoka, OK 74525 FECHA DE NOTICIA: July 2, 2001 USTED NO HA COMP~IDO CON EL AVISO ANTERIOR PORQUE HA FAL TADO EN TOMAR MEDIDAS REQUERIDAS"RESPECTO A ESTE CASO. SI USTED NO ACUTA DENTRO DE DIEZ (10) DIAS DESDE ~. FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABGGAD9 EN.SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUEPAGAR EDS SERVICIOS DE UN ABAOGADO, VAYA o LLAME A LA OFICINA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 "'~:rlj\'{. I I-I;; -" 'z--_", - ,_j' . ~ ~~ . ~ ~Ji ~ ~~_~, ,J11 . . J;~~._=, ." 1f!ll!l'llft~ " ~"" 0' "--'".",,~ ~.', <--,',,""r.-,""'-~;;"'''~'__'' 'Hle'_""':'-,'';'' iT'<~l'~[[f(' "Yet~'I'jflr~I",uif"'I~"~rti-,:,.-~ }""-' -1~r~-"-i";.:7;; ~]:;J e ~ ~ tl lit :-0 r '- ~ ~ ~ ~ ~ F! '"' ~ CYJ JI:~ ,1;" '",-I c~ c -,,'" ,:.--, ,) ,,:'j Jr'-, ~, \f~~~~Im~f1i"~~~''''''''''''l'-'''r'-,''''_ ~':K"""'~:ii""''';'''j~'!FAJ,'~'i%:;riff--J~:'t:1'1'''!J~~j'l>:jM'if;,Jf,''P"M_,,~.rI,j!:I!;P':'Ni~~~Il'I'l~l'l'lI!!~i