HomeMy WebLinkAbout96-06913
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Amount $ 42,500,00 _
Date _~J;}1~mg!JL-!~LJJ}96
DEMANO J!JOJJMfN.LJ'jOJ-f
FOR VALUE RECEIVED, CHARLES W. ANDREWS ("Obligor"), of 10 North Hanover Street,
Carlisle, Cumberland County, Pennsylvania. the undersigned promises to pay to the order of
DOROTHY B. ANDREWS ("Obligee"), 01 324 West South Street, Carlisle, Cumberland County,
Pennsylvania, forty Two Thousond five Hundred Dollars and 00/100 ($42,500,00), as follows:
In monthly Installments of $526,94 for 59 months from date with payment In full on or
before Oclober 19, 2001, or on demand of the Obligee,
The undersigned hereby empowers any Prolllonotary. Clerk or Allorney of any Court of
Record within the Unltad States or elsewhere to appear for the undersigned and. with or without
declaration, to confess judgment at any time or times, egalnst each, any or all of the undersigned
and In favor of the holder hereof lor tile above sum, plus Interest thereon from the date hereof, with
costs of suit and an allorney's cOl11misslon of 15% for collection, The undersigned hereby releases
all errors and expressly wolves all rights to any stay of execution, sequestration of rents and
exemption of any property from levy and sale on execution under any law or rule of oourt now In
force or hereafter enacted, All of the foregoing promises are the joint and several promises of the
undersigned and shall bind the undersigned, their heirs, personal representallves, successors and
assigns. The undersigned and all andorsers waive protest, demend and nollce of non.payment of
this Notice, Obligor further agrees that any property, real, personal or mixed may be sold through
a Writ of Exeoutlon and further hereby waives and releases all relief from any and all appralsements,
stay or exemption being of any State now In lorce or which are passed hereafter,
IN WITNESS WHEREOF, We have hereunto set our hands and seals this
..21 day of -6!lgmmIJer" 19_~Q,
WITNESS:
(j~ U\ I
EAL)
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EXPLANATION OF RIGHTS
FOR CONFESSION OF JUDGMENT
A. I clearly and specifically understand that by signing a Note daled the 1e1tl day of
September, 1996, In the amount or Forty Two Thousand Five Hundred Dollars arlef 00/100
($42,500.00), payable to DOROTHY B. ANDREWS which contains B Confession 01 Judgment
clause:
1. I will authorize !fIe Prothonotary or any attorney of any Court or Record to enter
judgment against me and In favor of DOROTHY B. ANDREWS which will glva her a lien upon any
real estate which I may own, IncllJding my home; and
2. I will give up the right to any notice or opportunity to be heard prior to the entry
01 this judgment on the record!; of the court; and
3, I will agreo that DOROTHY B. ANDREWS can enter judgment without any prool
01 non. payment or other dofault on my part; ond
4. I will subject all of my property, both personal property and real estate, to
execution and Sherllf's sale, pursuant to this judgment. prior to proof 01 non-payment or other
default on my part; and
6. I will be unable to challenge this judgment should DOROTHY B. ANDREWS
enter It, except by a proceeding to open or strike the judgment; and such a proceeding will result
In allorney's lees Bnd costs which I will have to pay,
B. I know and understand that It Is the conlesslon 01 Judgment clause In the above
described Note Which gives DOROTHY B. ANDREWS the rights enumerated In slJb.paragraphs one
through live of paragraph A above,
'F I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, I
UNDERSTAND THAT I WOULD HAVE THE FOLLOWING:
1. The right to have notice and an opportunity to be heard prior to judgmenl; and
2. The right to have the burden 01 proving default rest upon DOROTHY B.
ANDREWS before my property can be exposed to execution; and
3, The right to avoid the additional expense 01 attorney's lees and costs Incident
to opening or striking olf a conlessed judgment,
4. Fully and completely understanding these rights I have prior to signing the
above described Note, and clearly aware that these rights will be given up, waived. relinquished and
abandoned II I sign the Notes, I nevertheless freely and voluntarily choose to sign the note, my
Intention being to give up. waive, relinquish and abandon my known rights (as described In
paragraph B above) and subject myself to the circumstances described In paragraph A above.
WITNESS:
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