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Home My WebLink About97-00329 No. Q7-3:2.f' Civil Term J~, vs. -41-f,; ~ tJaffjz,-LJ Court of Common Pleas Cumbo Co. t , , I , '. ... J POWER Or- ATTORNEY AUTHORIZING SATISFACTIOJ OF JUDGEMENT IN THE COURT Or- COMMON PLEAS Or- ttM@ij~Mn~OUNTY, PENNSYLVANIA William H, Walters. III Joan H. Walters No. 329 Civil ) Term 1997 Debt $OU.UOO.oo vs, Entered January 21. 1997 Jeffrey L, Walters Having received from Jeffrey L. lIalters the full amount of the debt, Interest and costs of the above Judgement are Cumberland do hereby authorize, empower and direct the Prothonotary of ~H County to enter satisfaction of the same on the records. Witness our hand and seal this /0" day of June A.D. 1999 I~/~$;:r Attest ~r";' ."' ,.', , ,"~ ", . _ ' . . 1- _',';"'. , ~~':<<:c (,.'I'4i,J~"'-;" "'~"'~'; '<"""v,-:.,~1t~~~_~' ~4. . ....,:..~,,;;i' .-'" .,-';~ .~ ''''', .'~'_~'~""~~~" ~,;~:,,,,,,,~~""'"'!.i?:~.:~~,~._~_,...--:".o-'.o..;,'_'_ ",,~...., . ,~.;"_i"", ' '" '. ,:_,~, ;'~:";~:'.:;~~1~i~, -" .-' ,;<~.." -'-. ",- ~ N ?; I-' 0 S@ <5 ~~ x: ~~ eX ~I l' ea ~ ffi L1J fi.~ I .)- -' u:1,'J -' :.J: r!- :::> ~ -:J ~ 0'\ 0'\ , t- O- . C:\.JK:;:\WAL.TERS\NJTE1.wro l~ '1'!''I6 U:';""m 9 7 - .3 J.. q C/l..d If fl."j JUDGMENT NOTE FOR VALUE RECEIVED, Jeffrey L. Walters of 645 Vista Drive, Camp Hill, Cumberland County, Pennsylvania 17011 (the "Maker"), promises to pay to the order of William H. Walters, III, and Joan M. Walters, husband and wife, of 645 Vista Drive, Camp Hill, Cumberland County, Pennsylvania 17011 ("Lenders"), the principal sum of EIGHTY THOUSAND AND 00/100 DOLLARS ($80,000.00) (the "Indebtedness") . The Maker shall pay the Indebtedness to Lenders, in One Hundred Twenty (120) equal monthly installments, each in the amount of One Thousand Five-seven Dollars and Fifteen Cents ($1,057.15), on the twentieth day of each month beginning on January 20, 1997, including interest at an initial interest rate of ten percent (10%) per year. Thereafter, the interest and payments shall be adjusted in accordance with the interest rate and payment schedule set for Lenders by Commerce Bank/HarrisburgNational Association ("Bank") for a home equity loan (Loan Account No. 400204504) dated December 16, 1996, in the amount of Eighty Thousand Dollars ($80,000) secured by Lenders' personal residence at 645 Vista Drive, Camp Hill, PA. Maker assumes and agrees to pay all sums as and when due under said home equity loan. Therefore, all monthly installments due under this Judgment Note shall be paid directly by Maker to the Bank on behalf of Lenders in payment of their home equity loan with Page 1 of 4 C:\OKS~\WALTERS\NOTE1.WPO 12/17/96 11:24am notice thereof being provided to Lenders. The Indebtedness shall be discharged in full on or before December 20, 2007; provided, however, that all or part of the Indebtedness may be discharged in advance at any time without penalty. In the event of a default in payment as promised herein, and such default continues for a period of fifteen (15) days, the Maker shall be deemed to be in default hereunder, and the unpaid amount of the Indebtedness shall immediately become due and payable at the option of Lenders, regardless of any prior forbearance. Maker shall also be obligated to pay for any late payment fees charged Lenders under the loan documents for their home equity loan with the Bank, which, pursuant to such loan documents, will be charged at the rate of Five percent (5%) of any payment that is more than Fifteen (15) days late. This Note shall also shall immediately become due and payable at the option of Lenders, regardless of any prior forbearance, if Maker transfers or otherwise disposes of his interest in the property located at 397 High Street, West Fairview Township, Cumberland County, Pennsylvania. The Maker waives presentation for payment, protest, and notice of protest for nonpayment of this Note. Page 2 of 4 C:\OKS2\WALTERS\NOTE1.WPO 1~/17/96 11124am DATED /.:z/'JO /q. I I THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CONTAINS PROVISIONS UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST IT BY LENDER HEREUNDER BEFORE JUDGMENT IS ENTERED, THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST IT BY CONFESSION PURSUANT TO THE TERMS HEREOF. ADDENDUM TO NOTE THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THIS DOCUMENT CONTAINS PROVISIONS UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT NOTICE AND A HEARING, FORECLOSE UPON, ATTACH, LEVY OR OTHERWISE SEIZE PROPERTY OF THE UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED, THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AN EXPRESSLY AGREES AND CONSENTS TO LENDER'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UNDER APPLICABLE LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. WITNESS: MAKER, ~ v . II..~, J!-#r ~ .,1 '" VY'}'~ (J. ~~ ~-~ " Page 4 of 4 Affidavit of Business Purpose FOrlhe purpose of obtaining a Business Purpose Loanls) or proViding a SUl~tY~hlp for a 8usII'.ss Plll""~" Loan,s) fl\lm l'IIII.1m Ii. Walters, :11 and ':':..lr. M. 1"Jlt~rs,lheUnderStgnedherebymak.e'thefollowlngnffldt1oV1l (1) that ,-'!~~~!,~\, '. h"'~"l'"'~ islareellher (a) an indiVidual,s) engaged In a business enterpnse. or (b) a partner(s) In a business partnership. or (c) e.erClses actual control over Ihe manngenal decIsions of a business enterprise through a business partnerShip or sole.propnetorshlp r-IM'l.~ 'I ('In 'bll (List 8usiness Nnme Where Appllcablo) (2) that the princlpal amounl of said loan(s) is: $80.000 . and , and (3) Ihat the amount of liability under 0 Surelyship Agreement is: $ "fn (4) lhatJeffrev L. Walters isfare the borrower(s), and (5) Ihat the funds shall bo utilized in said business enterpriso. and (6) that the Undersigned is/ara eilher (a) the borrowor(s) or surely(s). or (b) an officer(s) or partner(s) of tho borrower or surely. and (7) thatlhe Undersigned Isfare aUlhorized to make this affidavil. and do so under penalty of perjury. Executed this ,:!.o day of Ix: -<: ,19~ Wl~}SSED: U j f/U,tl<.-r~ /yl/k, ~lZ'r . And 'tItel'll State of Pennsylvania County of C. ... _ b Or \~" ~ ,,- Onthis '2.0- of 'i')~ Co ~~(>r , 19~, before me, personally appeared or satisfactorily proven to be the above named indivldual(s) and in due form of law acknowledged the above Instrument to be hlslherllhelr act and deed, and daslred Iho samo might be recorded as such. V>-yJ 00A.. G-. C?1"._ ~ a Notary Public ~ SEAL My Commission expires: 1'-. ,.1. 0 o~ r .~." 1"/ , ;. . "..,....y:':-': :_ !;l.:\L " .'.~;:laryPubl1c "t,jGO'JHy ". r).' ~1.;:?JO L' C:\OKS2\W AL TERSlAFFDP t. WPD ".." ". _._, ... .. Disclosure For Confession of Judgment Today I am signing a nole in lhe amounl of $ 8 0, 000 which obligales me 10 pay lhal omounlto Willi am H. Wa It e r s, I II and Joan M, Walters, husband and wife, of 645 Visa Drive, Camp Hill, Cumberland County, PA 17011, I certify Ihal my annual income: ----X- e"eeds S 1 0.000 _ Is less Ihan S 1 0,000 ArepresentaliveofWilliam H, Walters, III and Joan M, Waltershase.plainedlOmethallhenoleersurelyshlp agreemenll am signing contains wording: 1. which permits William H, Wal ters, I II and Joan M. Wal ters 10 oblaln a judgmenlagainsl me in any Court of Common Pleas in lhe Commonwealth of Pennsylvania, This may be done whelher or nollhe nole or surelyshlp agreemenl is in defaull. 2, by which I am consenling 10 the entry of judgment againsl me, The judgmenl may be oblained agalnsl me and execullon or garnlshmenl proceedings begun without lhe following, all of which I have Inlenlionally, understandingly and knowingly waived: a, Ihe right 10 nOlice and a hearing; b. Ihe right to reduce or sel-off a claim by deducting a claim I may have againsl William H. Walters, III and Joan M, Walters (calledthe'rlghlOfdefalcalion"l; C. release of error; d, inqueslllhe righllo ascenain whelher Ihe renls and profilS of my real eSlale will be sufficient 10 salisfy lhe judgment within seven yearsl; e. stay of execution; f, e.emplion laws now In force or hereafler 10 be passed; g, the right 10 defend againsl the entry of judgmenl against me, of Ihls disclosure at Ihe lime of signing. (Seal) Commonwealth of Pennsylvania (Seall Counlyof C "'_ b e, I.~ ,lo) 1t On Ihis k... day of 'I'l t. " 0 - \':"'r . 199.b-, b~fore me, personally appeared or satisfactorily proven to be Ihe abov... named Indlvidual(si and in due form of law acknowledged the above instrumenllo be hislher/thelr act and deed, and desired the same mlghl be recorded as such. \.")- o.,'tJ G~ C?Yh~o , Notary Public SE~.L My Commission Expires: l"l . C-.... I ~....:' , 1..'Z:<?~. . .~_. ,.:- C:\GKS2\ IV At TERS\CONFJDIS.IVPD I.. . L":_.L'-.._ ,_ .''/ Public "'.!C'J;,:1ty , .. "~:T'l' [) .,.... 2,2000 ------ n ..') -, -J , '. -0 , II . " II t "P (.) ~ r...) r' ~ lC) ~ ~ ") ,!~ "".- - It:. Ct) ,., .LJ (I' :~~ .. )In 0 . I ('1 ~ 'h. 9J ,. " ~ eJ ~ I,) ..... - r;c; --9 ( c- o{) r- e e E -c:,.. ~ .- (") ~ ;:. OJ (I> ) (I ~ :z: ,...... ~ --- '<. q:: & \::l