HomeMy WebLinkAbout97-03861
AMOUNT
$783.02
DATE AND PLACE
April 25, 1991
Mechanicsburg, PA
PROMISSORY JUDGMENT NOTE
FOR VALUE RECEIVED, AND INTENDING TO BE LEGALLY BOUND,
Lisa P. Moore, of P.o. Box 352, Mechanicsburg, Cumberland County,
Pennsylvania 11055 (hereinafter whether singular or plural called
the "Maker") promises to pay Fenstermacher and Associates, of 5232
East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania
(hereinafter called the "Holder") the sun of Seventy Eighty-three
and 02/100 ($183.02) Dollars lawful money of the United States of
America. This Note is being executed by Maker in connection with
a business transaction of Seventy Eighty-three and 02/100 ($183.02)
Dollars whereby Maker has incurred the principal amount of in legal
fees due and owing to Holder. You have agreed to pay to this
office the amount of Twenty-five ($25.00) Dollars at the signing of
this Promissory Judgment Note. This obligation shall bear interest
at the annual rate of one and one-half (1 1/2) percent per month.
Maker shall pay the sum of no less than One Hundred Fifty ($150.00)
Dollars per month, due on the 15th day of each month, commencing
May 15, 1997. The remaining outstanding balar.ce with any accrued
interest shall be due and payable on or before November 15, 1997,
The full amount due hereunder shall be due and payable on demand by
Holder.
Maker does hereby empower the prothonotary, clerk of
court or any attorney of any court of record in the Commonwealth of
Pennsylvania, at any time before or after maturity whether or not
any default has occurred, to appear for it and, with or without
declaration filed, confess judgment against it for the above sum
with costs of suit, release of errors, and without stay of
execution, and with five (5\) percent added as part of the judgment
for attorney's fees for collection. Maker fully understands and
agrees to the attached Explanation of Rights which is incorporated
herein by reference.
THIS NotE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAttER
WITHOUT PREVIOUS NOTICE TO HAKER AND MAY HAVE AN IMPACT UPON THE
CREDIT HISTORY OF THE MAKER.
The failure of Holder to declare this Note due and
payable on the Maturity Date or at any other time shall not
constitute a waiver of any of Holder's remedies, and the sa.. shall
be available to Holder until such time as this Note is satisfied,
~XPLANATION OF RIGHTS
A. I clearly and specifically understand that by signing
the foregoing Promissory Judgment Note dated even date herewith in
the amount of Seventy Eighty-three and 02/100 ($783.02) Dollars
(the "Note"), payable to Fenstermacher and Associates (hereinafter
the "Holder") which contains a confession of judgment clause:
1. I will authorize the Holder to enter a judgment
against me in Holder's favor which will give the Holder
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 wi 11 agree that the Holder 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's
sale) pursuant to this judgment prior to proof of
nonpayment or other default on my part.
S. I wi 11 be unable to challenge this judgment,
should the Holder enter it, except by a proceeding to
open or strike the judgment; and such a proceeding will
result in attorneys' fees and costs which I will have to
pay.
6. I know and understand that it is the confession
of judgment clause in the Note which gives the Holder the
rights enumerated above.
B. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF
JUDGMENT CLAUSE. I UNDERSTAND I WOULD HAVE THE FOLLOWING:
1. The right to have notice and an opportunity to
be heard prior to judgment.
2, The right to havp. the burden of proving default
rests upon the Holder before my property can be exposed
to execution.
), The rlqht to avoid th~ ~~ditional expense of
attorneys' {{'es and costs incident: to the opening or
striking off a confessed judgment.