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HomeMy WebLinkAbout00-03627 iI" ' " , ~ . , '-W-, ~ -' sks\rt:l\omalley..not 7l.,. /r1J. 3(...2-7 ~"/..e-..- DEMAND PROMISSORY JUDGMENT NOTE $10,500.00 June 13, 2000 FOR VALUE RECEIVED, upon demand, THOMAS C. O'MALLEY and CYNTHIA . A. O'MALLEY, jointly and severally, of Camp Hill, Cumberland County, Pennsylvania (hereinafter "Borrower"), promises to pay to the order of THE HOMESTEAD GROUP, INC., of Calnp Hill, Cumberland County, Pennsylvania, the sum of Ten Thousand Five Hundred Dollars . ($10,500.00) plus interest at the prime interest rate at Commerce BanklHarrisburg, N.A. which sums. are due on or before August 1, 2000. Presentment for payment, protest and notice of dishonor are waived. If this Note is placed in the hands ofan attorney for collection, the Borrower hereby agrees to pay an attorney's fee often percent (10%) of the amount of this Note. And further, the Borrower does hereby authorize and empower, irrevocably, the' Prothonotary or any attorney of any court of record of the Commonwealth of Pennsylvania or elsewhere to appear for the Borrower at any time enter judgment without process against the Borrower, with or without declaration, for the amount of this Note, together with all charges, costs, interest and attorney's fees as above provided, and do hereby waive and release all errors in any snch proceedings and waive all rights of appeal, and pursnant to and upon such judgment do hereby authorize and consent to immediate execntion upon any property, real, personal or mixed, and do hereby voluntarily condemn same, and no bill in equity or other petition shall be filed to interfere in any manner with the operation of such judgment or execution thereupon, hereby ratifying and confirming all that said Prothonotary or attorney may do by virtue hereof, and waiving and releasing benefit of all appraisement or inquisition of real estate, stay of execution, and all rights under the exemption laws of any state now in force or hereafter enacted. WITNESS: ~ ~ Thomas C. O'Malley ~ ~aO/~(QP~ Cyn ia A. O'Malley - ~ , - ~'., ., - ~- ..":1 . ....." . sks\re\omalley..not EXPLANATION OF RIGHTS (Full Confession) A. I clearly and specifically understand that by signing a Note dated June 13, 2000, in the amount of $10,500.00 payable to The Homestead Group, Inc. (hereinafter "HGI"), which contains a Confession of Judgment Clause: I. I will authorize HGI, Plaintiff (Creditor) to enter a judgment against me in its 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 record of the court; 3. I will agree that HGI, Plaintiff (Creditor) can enter this judgment without any proof of nonpayment or other default on my part; 4. I will subject all of my property, both personal property and real estate, to execution (and Sheriff); pursuant to this judgment, prior to proof of nonpayment 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 subparagraph I through 5 of Paragraph A above. IF I DO NOT SIGN A NOTE. WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE. I UNDERSTAND THAT I WOULD.HA VE THE FOLLOWING: I. 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 can be exposed to execution; and 3. The right to avoid the additional expense of attorney's fees and costs incident to opening or striking off confessed judgment. 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 ~i\Si1.T.:'J},'i4. ~ , ~-,- . -;, - -- - ... . skB\re\omlllley.,not 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. D. The undersigned hereby certifies that I, signatory to a Note, dated June 13,2000, in favor of Judgment clause entered, I have earnings of$10,000.00 or more per year. WITNESS: I HAVE READ TIDS ENTIRE FORM AND I FULLY UNDERSTAND ITS CONTENTS ~ ~~ Thomas C. O'Malley Sworn to and subsc~/~~~re me this 13+11 day Of~ ,2000. ~ K vfa;L,. Notarial Seal Susanne K. Sather, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 25, 2001 MllI1lbar, Pennsylvania Association of Notaries Defendaut's Address: Mr. & Mrs. Thomas C. O'Malley 3 Woburn Abbey Avenue Camp Hill, PA 17011 Plaintiff's Address: The Homestead Group, Inc. 4075 Market Street Camp Hill, PA 17011 i',z?Gf;];'iTI\7""'" . ~-.".c,~-~" ~jd~;liOOJ.l ,,~~~ ~l-i .1 ~,~~,........ ~\tl.~ ~,''''~ _I"-"'~-&"'- 'M ..., -.''lit " i;I lj :1 'i ,. , !ii I:j ~ ! \:! " 1:1 Ii ~ I! Ii , (') s;:: -<c' u-ui l];Jf-!! ?~) r:J5S ~L~j ~~(--....., Zc-o: 55::c" ;E :::;:' c a C~ - , q ;:- '.- '- r:;J ,-~!~\~. -OJ> . ";-' ~-, i;~~'~~' -~ :1' .:0- -< t.J'i "" ~..." ~. <:- (JJ " f ~ '\ ~ -J::, .. l\.o l <- . . d z'& i (' , ~ ':'\ . ~ ~ r-? t t J) -0 Lv '" "" '( ~ ,. ~~ ~ ,~ --, ,~ " I:,.),:;fb~ '-,.", , ~,-&-.- ;iilIi@l'i- 08/26/2002 08:26 FAX 763 1907 - --=---- , REAGER&ADLER l Ii!I 002/003 ,- ..r '''"''' v JUDGMENT SATISFACTION I , I Plaintiff IN 'J:HE COURT OF COMMON PLEAS OF CUMB~RLAND COUNTY, PENNSYLVANIA The Homestead Group, Inc. Thomas C. O'Malley and Cynthia A. O'Malley Defendant Judgment in favor of Plaintiff qn July 27, 2000 for $10,620.25 No. 2000-03627 Entered June 15, 2000 The Homestead Group, Inc., Plaintiff in the above Judgment, does appear and acknowledge that it has this day received $10,620.25 from Thomas C. O'Malley and Cynthia A. O'Malley, the Defendant in the above Judgment, full payment and satisfaction of the same, with interest and costs, and desired that satisfaction therefore shall'be entered ~pon the records thereof. And furth.er, I do , , hereby authori~e and empower the , Prothonotary of said Court, to a~pear for me and in my name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes as I could were I personally present in person to do so. And for so doing this shall be your sufficient warrant of a~thority. ~ ,', - ,,~ ',- - . .. ~~. 08/26/2002 06:26 FAX 763 1907 "'~1~ REAGER&ADLER I III 003/003 ,." v "J In testimony whereof, I have this ~day O~, 200~. i WITNESS/ATTEST; hereunto set my hand and seal THE ;:~NC. By: COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~'d'r"\~ ~ SS, Personally appeared before me, the subscriber, 1:\ \<;:1\G...Il \ cT. C")~ of The Homestead Group, Inc., the Plaintiff in the above Judgment, and in due form of law I acknowledged the within and foregoing Power of Attorney to satisfy the Judgment set forth, to be his act and deed, and desired that the same shall be filed of record in the Office of the Prothonotary of the Court of Common Pleas of said County, In testimony whereof, I have hereunto set my hand and seal this d..sJ1h day.ofC'1\\6'-'CC' 200Q" MY COMMISSION EXPIRES: ~~.~"'?~.--. Notarial Seal Jeannie VI:. Jameson, Notary Public Hampden! 'wp., Cumberland County My Comml~slon Expires Aug. 30,2003 MemDe:l1 Pennsylvania Association of Notaries ,oiiIh.: '"' ",. '"''''''$~~'Jiillli~~~~tII~iil'~~~~~l!iiIli,~''''''-J..o ~, - - ~~iIiiII!~ g c::> ~ N ~ "'" ":1 "'O}1J c: :r;.." mT'1 G') ""p z::n ~~ N -om -' ;:PY ,.)c' ~C) :2 ~=+l ~o ..... ~-~o ~() i3? :~rf1 C ::; :11 s' :'Xl -< f." -< -......... "I II I I II II II I II I I I 1 . .