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Home My WebLink About96-00111 to . ~ " ";;'.' 'I' '. , ';i ..'. . ' . t i ... r 'l' I . ! j '. 't. I I ~ II::. . " .... . ~ ~ I , . I,: ,J. OWN,. &,' ~ OlJN.T R.Y"" ,( N,C.,."""""""""",."""" PRAECIPE Cumberland tn the Court or Common Pleas o~j(~~ County ...""",."......""".,.,........",.,."",P.I,ai,ntj,f.f."",. n. JOHN A. CUNNINGHAM JR. ,....,.,','"".."......,.",....".,1.""..,.."..",...."".",.", ......No,..... ,.................,o.f....,..............,........ 19 M,.. fiC / / I (II (~(..LNO..,Jl:.t;...~..... .....,...",.".",.."", """,." '."""", J),eJ,e,r:\dant""" .T.Q, .T.HE, ,P.RQ ItIONOIAR X ';"""""""""""""""",.,.",.,.."..".."",."""."""""".""".""".""""..",....,.....,... ,,'... ,~, ] ,\1,M,~. ,lln tll r.., thll. .i1 11 111111 r. i1 nl:ll.. 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Grahams Wood Road Newville PA 17241. ..............,."""""..,.,..",1".",.."",."",/"""""',...."."...,....",.",."."."""",.,...,,...,.,",.,',.,.",.",.""".......,..,.. ............................................................................................................................................................... ,......,.................................,............................~.!,~'~.~:a',~.~, ."..?M',T.l.i",.Kh!,NG~N2~!...IH..~"RRh~N...",......". ,h. To......................................................................... .......' .....:-:-. .................................................. Prothonotuy Tomas Kling nsmith, Allomeyror Plaintiff I. D. #23239 .................................................................t 19 ..... , .f' - -,'_: ~ i~-__-.<_;_ ~: < . ,0; ',;, '_;'- <"'>>'[":'" :':" ~', ~;::~i~ :lj{:~'<<;(:__(;; ~\.(',~;,: ;;' -", ~"'''.'''--'''-->~.-'''''''--<',.;,''''',,'.,..~,''--,''''"'',''-'''''';,.,.--."'-"--.' , ''- i(\ -- '- --:-'"-- ,-' .,;V"I.' , , J ,I ...' ' " " , .' .,' 'I r ' : ",.1'. , ..'., . . '. . ; , . . 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. Dated: NOVEMBER 30 ,1995 Amount: Unlimited or .. .peclfled 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, being willing to sign such Instrument despite the consequences set forth above. ~Q t"A_~~ ~~ . N A. CUNNINGHAM JR. (Name) (Name) BPI1I270 J . . ~" ~~';;'i: ( ',;tW,,, J) '-"',l ,1'<, . . Town. Country Inc. Surety Agreement "'""'tlclll'r i.\\\.MP',l,Il'.q'I.\I{. (iIIIM,~ I \1 I Mi\ '\',q~, i -,,rjl. VI'II'l!,' l'l,q,.,:."I! If,t','P,! e",'.'I.p',II,.,I'",!.;.jl P,O. Box 4573 . 640 E O'('~on Ro,,, , l,1r1Cdster. PA 1760.' . PIlolle, (717) ~Jt"l H7M IN CONSIDERATION of credit accommodalion granlod or 10 bo granted by Town & Country. Inc, (herein called Lossor) to JOHN'S MOBILE REPAIR SERVICE. INC. (herein called LHssee), the undersigned (and If more Ihan one, each of them jolnliy and saverally) hereby (I) become surely to Lassor Its successors, endorsees and assigns. for the payment at maturity 01 all IIabllllias (primary, secondary, direct, conlingent, sole, Joint, or several), now or heroaNer conlracted or acquired. of Lessee andior of Lessee and olhers 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 01 Lessor's rights or remedies against Lessee; and (Iv) expressly waives any rights against Lessor for any Impairment 01 collateral, Including but not limited to, failure to perfect a security Interest In the collateral. The undersigned egree that: 1. The undersigned need not be notified by Lessor of Its acceptance of this agraement or 01 lis Intention 10 act In reliance thereon. or of any lease to or any other transaction between Lessor and Lessee, or any delault by Lessea, 2, Lessor shall havo a lien upon and a securily Interest In ell property of each of the undersigned now or at any time hereafter In Its pos.esslon In any capacity whatsoever, Including but nol limited to any balance or share 01 any deposll, trust or agency account, and any policy 01 life or other Insurance, as security for this undertaking, 3, " any lIablllly 01 Lessee to Lessor shall not be paid when due, all lIabllllies of Lessee to Lessor shall be deemed, lor the purpose 01 this Instrument, to be Immediately due, and Lessor: (a) may lorthwllh recovar Irom the undersigned the full amount 01 any lIabUlty hereunder. (b) may sell all or any part 01 any property held as securily hereunder on any exchange or at public or private sale at the option 01 Lessor, at any time or times wllhout advertisement or demand upon or notice to the undersigned (all 01 which are henlby waived), except such notice as Is required by applicable statute and cannot be waived, with the right on the pert 01 Lessor or Its nominee to become the purchaser thereol at such sale (unless prohlblled by statute) free from any equity 01 redemption and Irom all other claims, 4. Each 01 the persons who has signed this guarantee has unconditionally delivered It to the Lessor, and the lallure to sign this or any other guarantee by any other person shall not discharge the liability of any signer, The uncondllionalllabllity of the signer applies whether he la Jointly and severally liable lor the enlire amount of the debt or for only a pro rata portion. 5. The underslgnad hereby waives any rights against Lessor for all errors and omissions In connection with Lessor, administration 01 the guaranteed debt, except behavior that amounts to bad lallh, 6. Without In any way limiting tha loregolng. the undersigned hereby waives any rights against Lessor lor any other act or omission 01 Lessor, (except acts or omission In bad faith) that changes the scope 01 the guerantor's risk. 7. This agreement shall continue as to each 01 the undersigned until his written notice 01 termination Is received by Lessor. Any 01 the undersigned so terminating this agreement shall not be liable for any lIablllly of Lessee to Lessor which has arisen after termination unless tha same Is In renewal or extension of a lIabllily theretofore existing. 6. CONFESSION OF JUDGMENT - The undersigned (and If more than one, each 01 them) hereby authorize and e~ any allomey 01 any court 01 record to appear lor and conless Judgment against any or all 01 the undersigned lor such sums as shall have becoma due hereunder, with or without decleratlon, with costs of Gult, releaae of error, without stay 01 execution and with eighteen per cent added for collection lees; and also waive the right 01 Inqulslllon on any real estate lavled on, voluntarily condemn the same, authorize the Prothonotary or Clerk to entar upon the Writ 01 Execution said voluntary condemnation, agree that said real estate may be sold on a Writ 01 Execution; and also waive and release all rellel from any and all appraisement. stay or exemption law 01 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, II shall not be necessary to file the original agreement as a warrant 01 attorney. The authority and power to appear lor 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 tram time to time and as often aa Lassor shall deem necessary or desirable; and this Instrument shall be a sufficient warrant. 9, This Surely Agreement shall be unllmlled, or In the amount specified hareln. $ UNLIMITED IN WITNESS WHER OF, the undersigned, Intendln~rJle.tegaIlY bound, have duly executed this agreement under seal, this ~ day of ' , ,19 \. SEALED AND DELIVERED In the prasence 01: fJiL c /-y-- ~Ck-tr.Q~~~ . ~OHN A. CUNNINGHAM JR (Name) (Name) (Name) (Name) I, Secrotary of a meeting ollis board 01 directors duly held 011 rescinded or modified: RESOLVED that the of this Corporation Is hereby authorized to exscuta and deliver to Town" Country, Inc. a Surely Agreement, In such lorm as may be requlrad by said Lsssor by which this Corporation becomes surely to said Lessor for all liabilities 01 to said Lessor. certify that tho following Is n truo copy of a resolution duly adopted at , 19 _ , and that SGld resolution hos nol been (Corporata Seal) I also certify that a similar resolution was duly adopted at a meeting 01 the shareholders 01 It a meeting duly held on , 19 _ , and that said resolution has not been rescinded or modified. (Corporate SaQI) - --'-... .. ---_.._-_._--~--,-- 11I"1I1I1I , - '~ ~ t" '.-...:J~ ,~ ,~<J \ '-. ~ ~ r- r;; lf~':) ~, .:r ~ M 7- ~ ~~ i3~ ,~ :c ' u;:: ~,..) ~.~ ~6 .... a>. I\~ ~ -rS= ~ rr.: Ln ....~ 0. I ...)~ - Ci:~ - ffiz ~.. 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