HomeMy WebLinkAbout02-4779$36,400.00
October [ ~ ,2001
LARRY V. NEIDLINGER and MARY JO NEIDLINGER (BORROWER) hereby
promises to pay to DONALD E. D1EHL and RAYMOND E. DIEHL as "HOLDER", of Carlisle,
Cumberland County, Pennsylvania their heirs and/or assigns, THiRTY-SIX THOUSAND FOUR
HUNDRED ($36,400.00) Dollars without interest, on or before (~._.4- I'~ ~_~__ (one year from
the date of this Note) or at the time of settlement and sale of Lot~2 of Nicholas ~4anor, Dickinson
Township, Cumberland County, Pennsylvania. Notice, demand, presentment, or protest is expressly
waived by Borrower. Borrower shall have the right to prepay all or any part of the principal amount of
this Note at any time or from time to time without premium or penalty. In addition, in the event of the
default in the payment due hereunder, Borrower does hereby authorize and empower the Prothonotary or
any Attorney of any Court of Record of Pennsylvania or elsewhere to appear for and enter judgment
against Borrower for the above sum, with or without declaration, with costs of suit, release of errors,
without stay of execution, and with 15 percent added for collection fees; and Borrower hereby agrees not
to make any motion or any application whatsoever to any Court for an inquisition on any real estate that
may be levied upon to collect the aforesaid sum, and Borrower voluntarily condemns same, and authorize
the Prothonotary to enter said voluntary condemnation upon the Writ of Execution. Borrower further
agrees that any property, real personal or mixed may be sold through a Writ of Execution and further
hereby waives and releases all relief from any and all appraisements, stay or exemption of any State now
in force or which are passed hereafter. NO SiNGLE EXERCISE OF THE FOREGOiNG POWER TO
CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER WHETHER OR NOT
ANY SUCH EXERCISE SHALL BE HELD BY ANy COURT TO BE VALID, VOIDABLE, OR
VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED
FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF SHALL ELECT, UNTIL SUCH
TIME AS THE HOLDER HEREOF SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL
AMOUNTS OWING HEREUNDER, TOGETHER WITH COSTS.
.WAIVER
IN EXECUTING THIS NOTE, BORROWER UNDERSTANDS THE TRANSACTION,
AND KNOWiNGLY AND VOLUNTARILY WAIVES THE RIGHT TO CONTEST THE ENTRY OF
THIS JUDGMENT AGAINST BORROWER IN COURT AND DOES HEREBY CONSENT TO THE
ENTRY OF THE JUDGMENT BY CONFESSION. BORROWER HEREBY CERTIFIES THAT HE
HAS EARNINGS OF $10,000.00 OR MORE PER YEAR.
Witness my hand and seal the day and year first above written.
tness:
~5 ~ ~r~6'~t'h~- arryV. Neidling~r ~./
Mary Jo ~linger-- =--~_/r --
P':\steve\civil litigation~Diehl-Neidlinger Praecipe to Satisfy.doc '
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD E. DIEHL and
RAYMOND E. DIEHL,
Plaintiffs
VS.
LARRY V. NEIDLINGER and
MARY JO NEIDLINGER,
Defendants
CIVIL ACTION LAW
NO. 02-4779 CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please satisfy the Judgement in the above captioned matter.
Date: November 25, 2002
Steven J. Fishman, Esquire
I.D. #16269
Salzmann, DePaulis & Fishman, P.C.
95 Alexander Spring: Road, Suite 3
Carlisle, PA 17013
(717) 249-6333