HomeMy WebLinkAbout00-00056
. \
....
c:laQ) -.5/' u;J
NOTE
$20,000.00
DATE: JANUARY 4, 2000
FOR VALUE RECEIVED, AND EVEIDENCED BY TH PROMISSORY NOTE DATED MARCH 10,
1992, A COPY OF WHICH IS ATIACHED HERETO AND MADE PART OF THIS NOTE, THE
UNDERSIGNED LINDA MONISMITH AND HER HUSBAND JOHN MONISMITH (COLLECTIVELY
THE "PROMISOR") EACHAS PRINCIPAL, JOINTLY AND SEVERALLY, PROMISED TO PAY TO
THE ORDER OF FRANCES SHEETZ AND KARL SHEETZ (TIlE "PAYEE"), AT SUCH PLACE AS
THE PAYEE MAY DESIGNATE IN WRITING, THE SUM OF $20,000.00 WITHOUT INTEREST.
THE PROCEEDS OF THE PROMISORY NOTE WERE USED TO PURCHASE THE MARITIAL
PROPERTY AT 7068 WERTZVlLLE ROAD, PROPERTY HELD BY BOTH PROMISORS.
THE UNPAID PRINCIPAL SHALL BE PAY ABLE IN FULL AT SALE OF THE PROPERTY AT 7068
WERTZVILLE ROAD, MECHANlCSBURG, P A. SHOULD BOTH PAYEES DIE PRIOR TO THE
DUE DATE, THE AMOUNT OWED TO THE pAYEES BY THE PROMISORS SHALL BE PAID TO .
BRY ANNA SHEA BROOKS. IF BRIANNA SHEA BROOKS HAS NOT YET REACHED THE AGE
OF EIGHTEEN YEARS, PRINCIPAL SHOULD BE HELD IN TRUST AND DISBURSED TO
BRY ANNA SHEA BROOKS UPON HER REACHING THE AGE OF EIGlITEEN. IF BRY ANNA
SHEA BROOKS HAS PREDECEASED THE PAYEES, THE PRINCIPAL SHALL BECOME
IMMEDIATELY OWING THE ESTATE OF THE LAST PROMISOR TO DIE.
IF ANY PAYMENT OBLIGATIONS UNDER TIllS NOTE IS NOT PAID WHEN DUE, THE
PROMISOR PROMISES TO PAY ALL COSTS OF COLLECTION, INCLUDING REASONABLE
A TIORNEY FEES. WHETHER OR NOT A LAWSUIT IS COMMENCED AS PART OF THE
COLLECTION PROCESS.
IF ANY OF THE FOLLOWING EVENTS OF DEFAULT OCCUR, TIllS NOTE AND ANY OTHER
OBLIGATIONS OF THE PROMISOR TO THE PAYEE, SHALL BECOME DUE IMMEDIATELY,
WITHOUT DEMAND OR NOTICE:
I) THE DEATH OF LINDA MONISMITH;
2) THE FILING OF BANKRUPTCY PROCEEDINGS INVOLVING THE PROMISOR AS A
DEBTOR;
3) THE APPLICATION FOR APPOINIMENT OF A RECIEVER FOR THE PROMISOR;
4) THE MAKING OF A GENERAL ASSIGNMENT FOR THE BENEFIT OF THE PROMISOR'S
CREDITORS;
5) THE INSOLVENCY OF THE PROMISOR;
6) THE MISREPRESENTATION BY THE PROMISOR TO THE PAYEE FOR THE PURPOSE OF
OBTAINING OR EXTENDING CREDIT;
OR
7) THE FILING OF A DIVORCE ACTION BY EITHER OF THE PROMISORS.
IN ADDITION, THE PROMISOR SHALL BE IN DEFAULT IF THERE IS A SALE, TRANSFER,
ASSIGNMENT, OR ANY OTHER DISPOSmON OF ANY ASSETS PLEDGED AS SECURITY FOR
THE PAYMENT OF TIllS NOTE, OR IF THERE IS A DEFAULT IN ANY SECURITY AGREEMENT
WHICH SECURES TIllS NOTE.
IF ANY ONE OR MORE OF THE PRIVISIONS OF THIS NOTE ARE DETERMINED TO BE
UNENFORCEABLE, IN WHOLE OR IN PART, FOR ANY REASON, THE REMAINING
PROVISIONS SHALL REMAIN FULLY OPERATIVE.
ALL PAYMENTS OF THE PRINCIPAL ON TIllS NOTE SHALL BE PAID IN THE LEGAL
CURRENCY OF THE UNITED STATES. PROMISOR WAIVES PRESENTMENT FOR PAYMENT,
PROTEST, AND NOTICE OF PROTEST AND NONPAYMENT OF THE NOTE.
,_~ ~..--,..._,~je.UI' ,!f
~~~y;u..,.,~,.w
.. n', ,'..... !l>, ,..{'II.
'.. . """-'~',-
>- 0) >-
q:: -:t Z
"" m ~~
w9 (J~
U""._~ - ():2=
-( , ~,
H:- -, -"" GcJ5!
9,0:
r 1f> '~ClJ '. ".
~!;: , .J:;:;::
"2
~ f:l1uJ
t=-:: F~CL
Li_ e:> ;5
0 a 0
,..
~
,
. > ~ ~,
....
.-"'-------'--'"
:>~..
,
,
,
... -~
NO RENEWAL OR EXTENSION OF THE NOTE, DELAY IN ENFORCING ANY RIGHT OF THE
PAYEE UNDER THIS NOTE, OR ASSIGMENT BY PAYEE OF THIS NOTE SHALL AFFECT THE
LIABILITY OF THE PROMISOR. ALL RIGHTS OF THE PAYEE UNDER THIS NOTE ARE
CUMULATIVE AND MAY BE EXERCISED CONCURRENTLY OR CONgECUTIVEL Y AT THE
PAYEE'S OPTION.
PROMISORS AUTHORIZE AND ENlPOWERS THE PROTHONOTARY OR ANY ATI'ORNEY OF
THE COURT OF RECORD TO APPEAR FOR THE CONFESS JUDGMENT AGAINST PROMISORS
IN FAVOR OF THE HOLDER OF THIS NOTE, AS OF ANY TERM, FOR ALL SUMS DUE AND
UNPAID UNDER THIS NOTE, WHETHER BY ACCELERATION OR NOT, WITH OR WITHOUT
STAY OF EXECUTION AND WITH 15% ADDED TO THE COLLECTION FEE. PROMISORS ALSO
WAIVE THE RIGHT OF INQillSmON OF ANY REAL EST ATE LEVIED ON, VOLUNT ARIL Y
CONDEMS THE SAME, AUTHORIZES THE PROTHONOTARY OR CLERK TO ENTER THE WRIT
OF EXECUTION ON SAID VOLUNTARY CONDEMNATION, AGREES THAT SAID REAL
EST ATE MAYBE SOLD ON WRIT OF EXECUTION, AND ALSO WAIVES AND RELEASES ALL
RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAW OF ANY ST ATE
NOW IN FORCE OR ENACTED IN THE FUTURE. IF A COPY OF THIS NOTE, VERIFIED BY
AFFIDAVIT OF THE HOLDER OR SOMEONE AUTHORIZED TO ACT ON THE HOLDER'S
BEHALF, HAS BEEN FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE THE
ORIGINAL NOTE AS A WARRANT OF ATI'ORNEY. THE AUTHORITY AND POWER TO
APPEAR FOR AND ENTERJDDGMENT AGAINST THE BORROWER WILL NOT BE EXHAUSTED
BY ANY SINGLE EXERCISE OF THE AUTHORIZED POWER, AND THE SAME MAYBE
EXERCISED FROM TIME TO TIME AS OFfEN AS THE HOLDER DEEMS NECESSARY OR
DESIRABLE; AND THIS INSTRUMENT WILL BE A SUFFICIENT WARRANT.
THIS NOTE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF PENNSYLVANIA.
SIGNED THIS _4_DAYOFJANUARY_, 2000
Linda Monismith-PROMISOR
~~
' ~
BY:.
mda MOOlsmlt
Iohn Monismith-PROMISOR
BY~~
John Monismith cr
Sworn and subscribed to before me this 4th day, January 2000.
~~1J~
NOTARY PUBLIC
Nolana! s..,
llnda S. Darting, Notary Public
East Pcnnsboro T1..vp., Cumberland County
MY'Commission Expires Dec. i 1. 2003
Member, Pennsylvania AssocIation of Notaries
>- 0', (::,
9;= -"
"'" ;z:
~ a-. -::;<
~
~Z- C ::::::,;
-0 """ u~
U-= !::.J:::5
'.L..!--
90 lfl ~~t~
at..:...: I
!:..\....Q;,,- :_fIw
u..: 1.0 z
::c ...-:;:: :Dn...
..... -, ~-;;:
U- 0 :::.>
0 0 -0
.
".
.
..
...~-_....
.,....
-.
!...;
,
1
i . I , I
1
I ,
C'II""'" 'I,", (y."..rry
,.)l;.~:t;jl.l ,,':.L,.' -..,,,,;'\""1'1\
Pet :t',\i3',l\:'J"A
,
~'~~Y-~.
;la:; ~ ",c?a:
~
\ ".. 'LV'~ '
, Fi E'TUr...'v..
or' ,c- o(iOl1-t:::rtOTA.9Y
" i '
0(1 .1M! -~, f\t\ g: tJ,9
f.sV~/ ~
s:w~.~~
,
/~dJ /~4'#~
J2;f-# 1- if 7 I 9
<
~#~
;1,
, :
_FRANCES SHEETZ
In the Court of Common Pleas of
_KJ>"R\... S\\EC'YZ
Cumberland County, Pennsylvania
Vs
Judgement in favor of Plaintiff on
~INDA MONISMITH
for
$
_JOHN MONISMITH
No. _2000_
_56
Tenn,20_
Entered
01/05
/2000_
P"/GttAJCE5 (<;/k,EIZ
4tJD
/[/lRI. .SW-87'?_
Plaintiff
in the above Judgement, do appear and acknowledge that W &
this day have had and received and
from
LljJ~1,
iIIlOA/IS/7l/77-/-
;!hU{j ::T6;ftJ mO{\Jt..3m I 11-1
the defendant in the above Judgement, full payment and satisfaction of the same, with interest and costs. and desired that
satisfaction therefore shall be entered upon the records thereof.
And further, W [... do hereby authorize and empower
{1;4~ ~ (i:~
the ProthonolaI)' of said Court, to appear
and in (p <1'1<:. name and stead to enter full satisfaction upon the record of said Judgement, as fully and effectually, to all
intents and purposes, as W i. could were Wf. personally present in person to do so. And for so doing this shall be
your sufficient warrant of authority.
In tes~imony thereof,
have hereunto set OUT hands and seals this
Day of
mt:{.vv>
o
{Seal)
(Seal)
State of pennSYlVania}
County of Cumberland,
Personally appeared before me, the subscriber,
(Seal)
the Plaintiff in the
above Judgment, and in due fonn of law acknowledge the within and foregoing Power of Attorney to satisfy the Judgment,
set forth, to be
act and deed, and desired that the same shall be filed of record in the office of the Prothonotary
of the Court of Common Pleas of said County.
In testimony hereof, I have hereunto set my hand and seal this ,-:<'\ ~
Day of
lIolarlal Seal
Julie D. Shannon, Notary Public
Silver Spring Twp., Cumberland County
My Commission Er.pir.. Jun. 14, 2001
'j- &
,A.D. 2 '.
ct~,~;0 M~ )
(Seal)
(Seal)
i-"i ,
l,'"
I
I
I , I ,
Vs '~i
..~ :,\1",' ,
,.
~ ,
" q
,.\ ,
.! ,
No.
Term 19
11()1IW_)II1III~)IIIII_)I_OOl()IIIMtlIIlI()lIl1l11Wl1k)111l1l11mU
POWER OF ATTORNEY
To Satisfy a Judgement
Filed
,20_
11()m1I1W11()MIIX~IIll()IIml1.)MmJll()IIIIOO"'OIIXltllmIH01lll4lllllm
, FU.ED-OfFlCE .
OF l\-E cro1H()l-.,l()rARY
00 JUN - I PM 12: 34
CUMBERLA."lD COUNTY
PENNSYLVANIA
"
'.
"" I
~~j'
'",.,!"
.
0'
j ..,
1; "
-..,
;, I'