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HomeMy WebLinkAbout00-03638 >" ~ ,," > .. '''"' . DO - J'-JJ' (Jo~c ~ $4,000.00 November 29. 1999 PROMISSORY NOTE FOR VALUE RECEIVED and intending to be legally bound, SHARON DARWICHE. of 100 Darr Avenue, Canisle. Cumberland County. Pennsylvania 17013, for herself, her heirs and assigns, (hereinafter .Obligor"), promise to pay to MILES R. MILLER and SANDRA G. MILLER, his wife, of 12674 Seminole Boulevard, Lot C-23, Largo, Florida 33778. their heirs and assigns (hereinafter "Obligee"), the sum of Four Thousand and no/100 ($4,000.00) Dollars, lawful money of the Un~ States of America, the same to be payable in monthly installments of $125.00 on the 29th day of each month. beginning on December 29, 2000 and continuing on the 29th day of each month thereafter, paymentlilbeing applied first to interest at the rate of 14.25% per annum on the unpaid principal balance and then to principal, until the remaining principal balance shall be paid infut!. The Obligor may prepay in whole or in part any portion of the principal without penalty at any time. In addition, Obligor shall pay the monthly costs of credit life insurance. The Obligor further does hereby authorize and empower any attomey 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 specifically waives and releases any and all relief from any and all appraisement, stay or exemption laws of any state whether currently in force or hereinafter to be passed. ITNESS the due execution hereof thIs 29th day of November, 2000, SWORN TO BEPORE ME THIS OA OF J u J'I,/8 SCRIBED /~71- .2000, ~~OY\ ~~Ul1('k R N OARWlCHE "Obligor" 100 Oarr Avenue Carlisle, PA 11013 (SEAL) Notarial Seal Harold S. Irwin Ill, Notary Public Carlisle,Bora, Cumberland County My Commission Expires Sept. 23, 2002 Member, Pennsy\vaniz. ,\sBocialion of Notaries ZO'd OOZS....E1>Z....LIL ao~~~o M~I U~~l V9Z:aO 00-1>O-~dV i1J.::. , ~,- ~ . DISCLO.SURE $TATEM'ENT The undersigned, SHARON DARWlCHE, having read this document in Its entirety, and fully understanding it, hereby states, admits, acknowledges and certifies the following: 1. I have, this day, signed a Judgment Promissory Note in which I promise to pay to MILES R. MILLER and SANDRA G. MILLER, the sum of Four Thousand and no/100 ($4,000.00) Dollars. 2. Said judgment note gives the entity who holds or owns the note the right to file and enter judgment Iilgainst me without any prior notice to me and without any right of formal pleading, notice, or hearing before the entry of said judgment. 3. Such a judgment entered against me will automatically create a lien on all real estate owned by me at that time, whether I own it now or acquire it later. 4. Such a judgment entered against me will entitle the entity who owns or holds such a judgment to issue execution against my property which can result in the Sheriff physically attaching or taking possession of said property and selling it at a Sheriff's Sale. 5. That I will be,.COrhpelled ~nd required to hire an attorney to file formal documents to open or strike such a judgment if I have a valid defense to the action taken against me, and wifhout those documents being filed, I will not have a right to a hearing or trial on such judgment'matter. 6, That I have ;;In income,either myself or together with any other persons who signed the note withitle or guaranteed the same, which is at least $10,000.00 per year. ~ ~W~ k (SEAL) SHARON DARWICHE ~ru.. I SWORN TO AND SUBSCRIBED BEFORE ryIE THIS IS/'-. DAY :Ju~, 200Q. Notarial Seal Harold S. IlWin Ill, Notary Public Carlisle Bora, Cumberland County My Commission Expires Sept. 23, 2002 Member, PennsylvaniCl Association of Notaries EO"d OOZS.....Et1Z...LIL a~~~~o M~' U~~I VBt1:LO OO-t10-~dV ~1~lID!~~,ru.:<'i'01oil\ffimW.-lj~~~I1M-!;\'!_,,~,."""f3'11*k""'~,~t~:;;"""~"~"~'~''''' T~' ,t "\': "~,, '. t'.'t - ..,,() ~ ~-- -J ~ p .' ... ~ ~~" ,~- " ,', " ~ -t", ','" 'c. d . '"V , ,9-" ,{(' ~ ~ b '.' " ~_I . .' ",(:~~ 0 C ~ "'Uc,' nj-fT' ,'~~~': . , CD;\;; ~,.(:, '. C2,CJ> ~Q _c.1 :PC ~ c; .C:J- ',: r-:-:::: ~'2 'rm ~. t;? {.,.) (Jl ,""'......."'"'" '_,1 t;Fi ' - ~ 1 'r- . ,~'n S~~'~) -..... -'~', . 1_-;; ';;;Zj 'nrn ::..; ~ "s Mn . 1, If? ~ M.' UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYL VANIA INRE: SHARON Y. DARWICHE Debtor(s)/Movant(s) : CASE NO.: 1-02-02896 v. CHAPTER 7 MILES MILLER Respondent(s) ORDER AVOIDING LIENS AND NOW on this STH day6f Sepkm b-e.r 2002, upon the Debtor's Motion to Avoid and Cancel 11 Judicial Lien, which impairs an exemption of the Debtor, it is hereby ordered and directed as follows: 1. The Judicial Lilin held by Miles Miller and entered of record in Term 2000 No. 3638 is hereby cancelled and avoided. . 2. The Prothonotary of Cumberland County shall cancel and avoid of record said liens. 3. Further, the Recorder of Deeds in and for the Country of Cumberland is directed forthwith to take whatever steps are necessary and appropriate to release, cancel and avoid the within referenced Judicial Liens and remove same from the local judgment index. BY THE COURT: DATE: ~ epfember 5. 2..t>>2.. Isl John J. 1 nvi ..'"~ JOHN J. THOMAS UNITED STATES BANKRUPTCY JUDGE FILED HARRISBURG PA SEP 5 2002 ~ Clerk, U,S. Bankruptcy Court '"j~jfb!~]filill Ir ~~ ""100:"'"'1''''' ,,_ .d.~-~Jij~ilJiJ:~n1i~"',- ~: ' ,H,~~ _,0 ^~" '1 ~' , ,,',IT ,~, Ull ,. ~,W!l!!!, --~, \;1 Ii r; I; , \; , i ~ C^-. .1 0 ~ c- ,'---.. "tJt;; Cc~ :;_J 2;: f/ i \. 5f!u.', .,-,,,,, I ........ 2: iC~~' I - - CO.'r-" OJ -'-'''- I ~~.< ~ "':..::::(_. .~C :1 " ~ J;:~) - I '- ':::-:1 t ;2;.' i ~ ~.,) , -< <0 ~~ I ~ , ?" "- ~ -<A -.,'=>,., <" " ,~ P, ,~ ", " " ,,~fi'< ; ,