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HomeMy WebLinkAbout02-3088Pa. R.C.P. 2962 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TOWN & COUNTRY, INC. Plaintiff, VS. JASON A. SEIBERT Confessed Judgment Docket No. Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant and confess judgment in favor of the plaintiff and against defendant as follows: Principal Other authorized items: $13,523.90 Interest Attorney fees for Defe~ Office of Prothonotary of Court of Common Pleas of Cumberland County, Pa, NOTICE OF ENTRY OF JUDGMENT Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notified that judgment w~s entered against you in this office today in 2002 (1) Confessed Judgment Docket at # in the mount of $13,523.90 (2) in favor of Town & Country, Inc.(3), Plaintiff, on confession of judgment contained in a bond, note, lease, installment purchase contract or other document which you signed. Dated: June 20, 2002 PROTHONOTARY To: Jason A. Seibert 1056 West Trindle Road Mechanicsburg, PA 17055 Defendant Plaintiff must furnish this form in duplicate, with blanks at (1), (2), (3), & (4) filled in, to Prothonotary accompanying document containing confession on which judgment is to be entered. COURT OF COMMON PLEAS OF CUMB~ CO'UNTY, PENNSYLVANIA CIVIL DIVISION Town & Country, Inc. Plaintiff/s, CONFESSED JUDGMENT 19. No. -- VS. Jason A. Seibert Defendant/s. COMPLAINT I. The parties to this action and their last known addresses are: (a) Plaintiff: 1097 Commercial Ave, East Petersburg, PA 17520 (b) Defendant: 1056 W. Trindle Road, Mechanicsburg, PA 17055 2. Paragraphs 3, 6 and 8, below, are printed so as to permit use of alternative statements; and indented words following a block in which an "x" has been inserted are to be read as forming part of this com- plaint, whereas indented words following a block not so marked are to be considered as deleted. 3. This action is based on an instrument ( -hereinafter referred to as "the Instrument" -) authorizing con- fession of judgment, of which - the original a true and correct reproduction is attached hereto and made a part hereof, marked "Exhibit A". 4. Plaintiff is the owner and holder of the Instrument. 5. No judgment has been entered on the Instrument in any jurisdiction. 6. Judgment may now be entered on the Instrument ~ because of judgment unconditionally, without condition precedent and it authorizes confession without regard or default. ( ) because of occurrence of the following default/s and/or fulfillment of the following condition/s precedent: * State details of any assignments here. ** State any exceptions here, with identification of ptocee~ngs. Words following unmarked blocks may b~ lined out ff desired: Form 52 Town & Country Inc. Vehicle/Equipment Leasing · Fleet and Individual RO. Box 329 * 1097 Commercial Avenue East Petersburg, PA 17520 · Su. rety Agreement IN CONSIDERATION of credit accommodation granted or to be granted by Town & Country, Inc. (herein coiled Lessor) to JASON A. SEIBERT (herein coiled Lessee), the undersigned (and if more than one, each of them jointly and severally) hereby (i) become surety h, Lessor its successors, endorsees and assigns, for the payment at maturity of all liabilities (primary, secondary, direct, contingent, sole, joint, or several), now or hereafter contracted or acquired, of Lessee and/or of Lessee and others to Lessor; (ii) assent to all agreements made or to be made with Lessor by Lessee; (iii) consent that Lessor may (a) exchange, substitute or surrender any property pledged by Lessee (b) renew, extend, or change the terms of any of the Lessee's liabilities, or (c) waive any of Lassor's rights or remedies against Lessee; and (iv) expressly waives any rights against Lessor for any impairment of collateral, including but not limited to, failure to perfect a security interest in the collateral. The undersigned agree that: 1. The undersigned need not be notified by Lessor of its acceptance of this agreement or of its intention to act in reliance thereon, or of any lease to or any other transaction 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 hereafter 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 palicy of life or other insurance, as security for this undertaking. 3. If any liability of Lessee to Lessor shall not be paid when due, all liabilities of Lessee to Lessor shall be deemed, for the purpose of this instrument, to be immediately due, and Lessor: (a) may forthwith recover from the undersigned the full amount of any liability hereunder; (b) may sell all or any par~ of 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 notice to the undersigned (all of which are hereby waived), except such notice as is required by applicoble statute and connot be waived, with the right on the part of Lessor or its nominee to become the purchaser thereof at such sale (unless prohibited by statute) free from any equity of redemption and from all other claims. 4. Each of the parsons who has. signed this guarantee has unconditionally delivered it to the Lessor, and the failure to sign this or any other guarantee by any other person shall not discharge the liability of any signer, The unconditional liability of the signer applies whether he is jointly and severally liable for the entire amount of the debt or for only a pro rata portion. 5. The undersigned hereby waives any rights against Lessor for all errors and omissions in connection with Lessor, administration of the guaranteed debt, except behavior that amounts to bad faith. 6. Without in any way limiting the foregoing, the undersigned hereby waives any rights against Lessor for any other act or omission of Lessor, (except acts or omission in bad faith) that changes the scope of the guarantor's risk. 7. This agreement shall continue as to each of the undersigned until his written notice of termination is received by Lessor. Any of the undersigned so terminating this agreement shall not be liable for any liability of Lessee to Lessor which has arisen after termination unless the same is in renewal or extension of a liability theretofore existing. 8. CONFESSION OF JUDGMENT -- The undersigned (and if more than one, each of them) hereby authorize and empower any attorney of any court of record to appear for and confess judgment against any or all of the undersigned for 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 par cont added for collection fees; and also waive the right of 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 of Execution; and also waive and release all relief from any and all appraisement, stay or exemption law of any state now in force and hereafter enacted. If a copy of this agreement, verified by affidavit of Lessor or someone on Lessor's behalf, shall have been filed in such action, it shall not be necessary to file the original agreement as a warrant of attorney. The authority and power to appear for and enter judgment against any or all of the undersigned shall not be exhausted by the initial exercise thereof, and the same may be exercised from time to time and as often as Lessor shall deem necessaP/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 WITNESS WHEREOF, the undersigned, intending to be legally bound, have duly executed this agreement under seal, this SEALED AND DELIVERED in the presence of: /(~ASON A. ~SEI~ERT ' (Name) (Name) (Name) I, Secretary of corti~y that the following is a true copy of a resolution duly adopted at a meetino of its board of directors duly held on ,19 __, and that said resolution has not been EXPLANATION OF RIGHTS - NOTICE AND WAIVER OF RIGHTS REGARDING WARRANTS OF ATTORNEY, EXECUTION RIGHTS, AND WAIVER OF RIGHTS TO PRIOR NOTICE AND IUDICIAL HEARING This NOTICE AND WAIVER of rights is made by each of you and given to Town & Country, Inc. (herein called Lessor) in connection with the above-described documents. IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS DOCUMENT. WHEN YOU SIGN YOUR NAME IN THE SPACE PROVIDED BELOW YOU ARE ACKNOWLEDGING AND REPRESENTING TO TOWN & COUN- TRY, INC. THAT YOU HAVE READ AND UNDERSTAND THE CONTENTS OF THIS DOCUMENT. Each of you will be executing and delivering to Lessor a Lease Agreement and/or other documents which grant to Lessor, among other things, the power and authority to enter JUDGMENT BY CONFESSION against each of you, and to exercise rights of execution, levy, garnishment, seizure of your property and the like. Other than notices required under the Lease and Surety Agreements these rights and powers may be exercised without a prior hearing of any nature. By executing and delivering this Notice and Waiver, each of you knowingly, voluntarily, and intelli- gently waive your rights to prior notice (except for notice required under the specific terms of the Lease and Surety Agreements) and a hearing or other judicial proceedings to determine your rights and liabilities in connection with the Lease and Surety Agreements. By signing this Notice and Waiver, you acknowledge that you understand Lessor may obtain a judgment against any one or more of you, and execute upon and seize forthwith your property and assets without the opportunity to raise any defense, set-off, counterclaim, or other claim that you may have. Each of you knowingly, voluntarily, and intelligently waive your rights to any prior notice (except for notice required under the specific terms of the Lease and Surety Agreements) or judicial determination as a material part of the consideration for this transaction and in order to induce Lessor to enter into this transaction. Each of you acknowledge and represent that you have consulted (or have had an opportunity to con- suit) with legal counsel of your choice, and with such other experts and advisors as you deemed necessary, in connection with the execution and delivery of the Lease and Surety Agreements (including without limitation the provisions of the Surety Aga~ement authorizing the confession of judgement and the execution upon and seizure of your property and assets without the opportunity for prior notice [except for notice required under the specific terms of the Lease and Surety Agreements] or judicial determination of any nature). I/We further acknowledge that the credit accommodation granted by Town & Country, Inc., to me (us) is not a consumer transaction which is defined as a credit transaction in which the party to whom credit is offered or extended is a natural person, and the money, property or services which are the subject of the transaction, are primarily for personal, family or household use. IN WITNESS WHEREOF, and intending to be legally bound, the t~nd,~ers~_~ed have executed this Notice and Waiver this ~/ day of ~t/id ~ , ~-~s, j~ J/J. SEALED AND DELIVERED in/t,~e _~O//dpr esenc e of~ ~SON A.- SEIB~RT (Name) (Name) (Name)