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HomeMy WebLinkAbout96-05952 Zlzzl's, Inc., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. . : CIVIL ACTION - LAW : NO. 96-5952 CIVIL TERM Warren P. Merkel, Jr. Ilnd Debrll J. Merkel Defendants ENTRY OF APPEARANCE To: The Prothonotary of Cumberland County Please enter our appearance on behalf of the Plaintiff, Zizzi's, Inc., in the above-captioned maUer. October 19, 2000 Frey & Tiley. Allorneys for Plaintiff C-;' '- By: Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle. Pennsylvania 17013 (717) 243-5838 Zlzzl's, Inc., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. . : CIVIL ACfION - LAW Warren P. Merkel, Jr. and Debra J. Merkel Defendants . : NO. 96-5952 CIVIL TERM PRAECIPE TO SATISFY JUDGMENT To: The Prothonotary of Cumberland County In consideration of payment in full of the underlying obligation, please mark the above- captioned matter "Satisfied." October 19,2000 Frey & Tiley, Attorneys for Plaintiff By: R bert G. Frey, squire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 ~ II') r:: I - u: ," , '.J , i C''; ; , '. . , " , i , '- , .: .~~:.l ' - " {Ol 1.-' , J !'~.'~ j t;] u.~ '. D ::1 <:;) 0 Ii- .",'.. , . 9 tv' 595'.). u'vJ..:U..., "'- $ 10.000.00 October .JQ, 1996 PROMISSORY NOTE FOR V AWE RECEIVED and intending to be legally bound, WARREN P. MERKEL, JR. and DEBRA J. MERKEL. his wire. of 42 Subdivision Road. Ne\Wille, Cumberland County, Pennsylvania (hereinafter "Obligor"), promise to pay to ZIZZISINC.. Its success on or assigns. a Pennsylvania business corporation with its principal office located at 1448 Holly Pike, Carlisle. Cumberland County. Pennsylvania (hereinafter "Obligee"), the sum ofTen Thousand Dollars ($10000,00). lawful money of the United States of Amelica, together with interest at a rate ofTen and no/IOO percent (10.00%) per annum on the unpaid principal balance from the date of this Note until all outstanding amounts due hereunder have been paid in full, the same to be payable as follows: In monthly installments of One Hundred Thirty-two and 16/100 ($132.16) Dollars each, on the lirst (1st) day of each month beginning on December I, 1996, and continuing thereafter on the lirst (1st) day of each month until November I, 1999 at which time any remaining principal and accumulated interest thereon shall be paid in full. Any and all payments hereunder shalllirst be applied to any interest due hereunder and then applied second to any outstanding principal payment due hereunder. In the event that Obligor is in breach of any of the terms and conditions set forth in this promissory note for a period of over thirty (30) days, Obligee may then demand full payment of this Note, together with interest from the date of demand at a rate often and no/1 00 percent (10.00%) per annum on the then outstanding principal balance due to Obligee from Obligor. Obligor may prepay in whole or in part any portion of the principal or interest due hereunder without penalty at any time. In the event any of the aforesaid payments of principal and interest shall becume overdue for a period in excess often (10) days, Obligor shall pay to Obligee a "late charge" ofTen and no/1 00 ($10.00) Dollars to cover the extra expenso involved in handling delinquent payments. While this Promissory Note is being recorded as a judgment, execution under this Note will only occur upon default hereunder and failure to cure within thirty (30) days written notice thereof. Obligor further does hereby authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for it and to enter judgment against it for the then outstanding balance of this Note, with or without declaration, together with costs of suit and reasonable attorney's fees, and with full release of errors, Judgment hereunder may be confessed on executed or photostatic copies of this Note as many times and in as many jurisdictions as is necessary to secure satisfaction of any unpaid balance or balances, and the judgment or judgments confessed shall be without stay of execution. Obligor specilically waives and releases any and all ( .. , .' ,f relief from any and all appraisement, stay or exemption laws of any state whether currently In force or hereinafter to be passed. WITNESS the due execution hereof this "3e. day of October, 1996. w~ (J. ~J) WARREN p, MERKEL, JR. ~rti IJI~~V'f1"j~ 1. DEBRA J. RKEL "Obligor" ADDRESS: 8(/ LO/l ~StJ'T>U- Ksf. .lh ,~",,:!ft. PA I/dl// (SEAL) (SEAL) . .~ . . -' -' DISCLOSURE STATEMENT The undersigned, WARREN P. MERKEL, JR. and DEBRA J. MERKEL, his wife, having read this document in its entirety, and tully understanding it. hereby state, admit, acknowledge, and certifY the following: I. They have, this day, signed a Judgment Promissory Note in which they promise to pay to ZIZZI, INC.,lts successon or assigns, the sum ofTen Thousand Dollars (S 1 0,000.00). 2. The said judgment note gives the entity who holds or owns the note the right to file and enter judgment against them without any prior notice to them and without any right of fonnal pleading. notice, or hearing for it before the entry of said judgment. 3. Such a judgment entered against them will automatically create a lien on all real e.,tate owned by them at that time, whether they own it now or acquire it later. 4. Such a judgment entered against them will entitle the entity who owns or holds such a judgment to issue execution against their property which can result in the Sheriff' physically attaching or taking possession of said property and selling it at a Sheriffs Sale. S. That they will be compelled and required to hire an attorney to file formal documents to open or strike such a judgment if they has a valid defense to the action taken against them, and without those documents being filed, they will not have a right to a hearing or trial on such judgment matter. 6. That they have an income, either individually or together with any other persons who signed the note with them or guaranteed the same, which is at least SI0,OOO.00 per year. tJ~fMO~. WARREN P. MERKEL, JR. - (SEAL) ~ YnnJo~ D RA J. RKEL (SEAL) October ~ 1996 , j ~ ~ i , ~ ~.~~ ' q-:>\ , '~ ~ >: c. ,. 0: ..;J r~ .. 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