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TO: Cumberland Valley cooperative Association
908 Mt. Rock Road
Shippensburg, PA 17257
RE: Galen R. Smith
Linda K. smith
39 smithdale Road
Shippensburg, Pa. 17257
Demand Note in the amount of $12.039.87
Dated February 27. 1997
The undersigned hereby certifies in connection with the loan above referred
to secured by a Demand Note containing a confession of judgement authorizing any
attorney or prothonotary of any court of record in pennsylvania or elsewhere to
confess judgment against the Undersignod: That the loan for which said Note was
given is not a consumer loanl that the income of the Undersigned (conjugal
income if both spouses executed the note) is Ten Thousand ($10,000) Dollars or
morel that it was orally explained and fully understood by the Undersigned that
the execution of a Demand Note containing a confession of judgement clause was
a waiver of the right to have a prejudgment notice and hearing, the right to have
the burden of proving default on Cumberland Valley cooperative Association, the
Creditor, and the right to avoid expenses attendant upon opening or striking a
confessed judgement and that the Undersigned voluntarily executed the said Demand
Note with a confession of judgment clause knowing that the aforesaid rights have
been waived and that an execution may be issued on a judgement entered on said
confession against their property.
The Undersigned further certifies that they were advised and understood
that they could have an attorney examine the said Demand Note and any other
documents in connection with the loan prior to execution.
COMMONWEALTH OF PENNSYLVANIA:
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being duly sworn according
to law, deposes and says that the facts set forth in the above
certification are true and correct.
Sworn
this
o and
day
NOTARIAL SEAL
GREGORY MASTERSON. Nolary Public
Chambersburg, Frdnklln County
My Commission Expires Jan. 8, 2001
Galen R. Smith
Linda K. Smith
39 Smithdale Road
Shippensburg, Pa. 17257
$32.039.87
ShippensburQ, Pennsylvania
Februarv 27, 1922
In installments as hereinafter stated, for value received,
I/we, promise to pay to Cumberland Valley Cooperative Association,
6 West Orange Street, Shippensburg, Pennsylvania, the sum of
$32.039.87 with interest on the unpaid principal at the rate of ~
percent per annum from date hereof until paid in full. Said
principal sum and interest shall be payable in equal successive
monthly installments of $500.00 each, commencing on the 2Zth day of
Karob, 1997, and continuing until Marob 27. 2005, at which time any
unpaid balance of principal hereof and all interest accrued thereon
shall be due and payable in full. All payments shall first be
applied to interest due, with the balance to be applied to
principal.
Upon default in payment of any such installments or of
interest when due, or upon failure of the makers to maintain their
open aocount on a current status (paying each statement in full
before end of following month), the whole of the principal sum then
remaining unpaid and all interest accrued thereon, shall, at the
option of the holder hereof, become immediately due and payable,
without demand notice.
And further, I/We do hereby authorize and empower any attorney
of any court of record of Pennsylvania or elsewhere to appear for
and to enter judgement against us, in favor of any holder of the
Note for the above sum with costs of suit, release of errors,
without stay of execution, and with fifteen (15%) added as a
reasonable attorney's fee, and I/We do hereby waive and release all
benefit and relief from any and all appraisement, stay or exemption
Laws of any state not in force or hereafter to be passed.
WITNESS: 1/ .
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In Ihe Courl of Commun Pleus of
Cumberlllnd Counly, Pennsyh'unlu
VS.
No,
1'7- /'03/
,
CiviJ.19 'Y7
Ga)e"
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172. ,.g~", t1.4..- ~. Llr.-(.{ A';" ~M.
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To
PllllhollOWy
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Attornill' for Plaintiff