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Home My WebLink About00-01715 ........: "'"-...... -- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA WILLIAM N. DEVENNEY, Plaintiff CIVIL ACTION - LAW v. JEFFREY L. COX, Defendant NO. 2000-01715 PRAECIPE TO THE PROTHONOTARY: SETTLE & DISCONTINUE xx SATISFY Date: April 24, 2001 if~/d' rj{f~ Gerald J. Brinser, ESquire Attorney for Plaintiff Attorney ID #09655 BRINSER, WAGNER & ZIMMERMAN 6 East Main Street, Second Floor P.O. Box 323 Palmyra, PA 17078 (717) 838-6348 ~ '..." " -. '0 c:> 0 ,..,.... c- ..., :;;::: "'" --I '"Om -0 :';:::n mm :;0 r..'r Z ::D N :gt3 ~- ~~ .r::- 01 :"',to ;,<;0 -U ---,., "--=--n ~8 ::;:: ~O l:.Y qm 5>'~ t11 ~ (JI ~ " JUDGMENT NOTE aIJ- /)/6' ~ ~13o,roo.OO ~ # 2000 As set forth herein, I, JEFFREY L. COX, for value received, promise to pay to or the order of WILLIAM N. DEVENNEY, his heirs and assigns, the principal sum of One . Jl.LAIundre~housand Dollars ($l30,OOo.oo~~ether with interest at the rate of eight percent (8%) per year, due and payable within (i;y months from date hereof. At that ~ time, I will also pay any unpaid accrued interest from the date ofthe original loan. $15(-) flflO 00 - AND FURTHER, I do 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 me for the above sum; with or without declaration, with costs of suit, release of errors, without stay of execution and with ten (10%) percent added for collection fees: AND I do hereby agree 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 said sum, and I voluntarily condemn same and authorize the Prothonotary to enter said voluntary condemnation upon the Writ of Execution, and I further agree that any property, real, personal or mixed, may be sold through a Writ of Execution and further hereby waive and release all relief from any and all appraisement, stay or exemption laws of any State now in force or which are passed hereafter. WITNESS my hand and seal the day and year first-above written. SIGNED, SEALED and DELIVERED in the presence of: ~k_/;(~_A~A F Sworn to and subscribed before me this ISM day of mMW,2000. vJP~.~ . Public Notarial Seal WandyL, Hunkl/lQ, NOllll'y PUblic F'Qllliv!a eoro Lebanon County My Comm,=.,on Explr.. Sapt, , 0, 2001 " ~. , EXPLANATION OF RIGHTS (Full Confession) A. I clearly and specifically understand that by signing a Note dated.m~ IS: 2000, in the amount of One Hundred Fifty Thousand Dollars ($150,000.00), payable to WILLIAM N. DEVENNEY, which contains a Confession of Judgment clause: I. I will authorize William N. Devenney, Plaintiff, (creditor) to enter a judgment against me in his favor which will give the Plaintiff a lien upon any real estate which I may own, including my home; 2. I will give up the right to any notice or opportunity to be heard prior to the entry of this judgment on the records of the court; 3. I will agree that William N. Devenney, Plaintiff (creditor) can enter this judgment without any proof of non-payment or other default on my part; 4. I will subject all of my property, both personal and real to execution (and Sheriffs sale); pursuant to this judgement, prior to proof of non-payment or other default on my part; 5. I will be unable to challenge this judgment, should the Plaintiff enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in Attorney's fees and costs which I will have to pay. B. I know and understand that it is the Confession of Judgment clause in the above-described Note which gives Plaintiff the rights enumerated in sub- paragraphs 1 through 5 of Paragraph A, above. IF I DO NOT SIGN A NOTE WmCH CONTAINS A CONFESSION OF JUDGEMENT CLAUSE I UNDERSTAND THAT I WOULD HAVE TH'E , FOLLOWING: 1. The right to have notice and an opportunity to be heard prior to judgment: .;^~ < 2. The right to have the burden of proving default rest upon the Plaintiff before my property carl be exposed to execution; 3. The right to avoid the additional expense of Attorney's fee and costs incident to opening or striking offa confessedjudgment. C. FULLY and completely understanding these rights which I have prior to signing the above-described Note, and clearly aware that these rights will be given up, waived, relinquished and abandoned if I sign the Note, I nevertheless, freely and voluntarily choose to sign the Note, my intention being to give up, waive, relinquish and abandon my known rights, as set forth in Paragraph B, above, and subject myself to the circumstances as set forth in Paragraph A above. D. I certify that my annual income exceeds $10,000.00, that the blanks in this Disclosure were filled in when I signed it, and that I received a copy at the time of execution. I HAVE READ THIS ENTIRE FORM AND FULLY UNDERSTAND ITS CONTENTS. -=- WITNESS: Ji~J<- ~ ' /' l Not blic .~. . '~""'.c '. Notarial Seal Public Wendy L. Hunklng, Nota'bounlY ?almY',a alo~Eip~~e':,"g~pt. \0,2001 My CQmm &$ " ~. .--~ '..,..-... ~ .. "i ~ ~~, ~, ~ ~~~ . ~ , ... ~,~/.. ~ ~. ~ ~ -.....;: " ~ ~ ~ f"<) ~ ( f'; ..Q -- _~ -- "t "-J ~ -Q.. ~, .- u t4J. ~ ~ ~ ~ ~ .~_. 1t . " , >-- <:') ?: ~ ~ (1 a: N 2: ~l \V) f' ~::: ,-."" "" ::J<:"" LUQ 0'." , M "- c....,. . u< ~ -:::::.( , :c \ IV) IV) u....'. Cl.. ~ 1-1__ .. '?!___J 01;-" - ~ ~ 6i- - ~rJ) ~ ~ i N _. Z u..~ i.' U_.";" N 'i ~ ~.. 0::: ltJll.J ~ tI::.c'': ~': r.;j.::.... ~ f:::-~ :2 ~ ~ L'..~ = :;) q 0 CO (.) ~ ~ \-) "