HomeMy WebLinkAbout97-05657
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6. COtltl"iuy to thf.l terms and provisicms of the
Pt'OmisBOt'Y ,Tudfjment Note, Defendant has failed to make timely
payments which constitutes a default under the Note, and
Plaintiff exercises its option to declare the obligation
immediately due and payable.
7. Consequently, the Defendant is liable to Plaintiff
as follows I
Principal amount dU..!1 $ 875.32
Interest I $ 81. 79
Attorney's collect ion fee: $ 47.85
Total: $ 1004.96
All Sheriff's and other costs and fees incidental to
execution and levy.
,
WHEREFORE, Plaintiff demands judgment in the sum of One
Thousand Four ($1,004.96) Dollars and 96/100 Cents, plus all
Sheriff's and other costs and fees incidental to execution and
levy, as authorized by the warrant of attorney appearing in the
attached instrument.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES
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Mark . Emery, ~sq~
Supreme Court 1.0. #72787
5232 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
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DATED: 10- I3'Q7
AMOUN';C
$1l75.32
DATE AND PLACE
April 4, 1997
Mechanlcsburg, PA
PROMISSORY JUDGMENT NOrE
FOR VALUE RECEIVED, AND INTENDING TO BE LEGALLY BOUND,
Beasie H. Yoho, of 266-B North Arlington Avenue, Harrisburg,
Dauphin County, Pennsylvania 17109 (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 sum of
Eight Hundred Seventy-five and 32/100 ($875.32) Dollars lawful
money of the United States of America. 'rhis Note is being executed
by Maker in connection wi th a business transaction of Eight Hundred
Seventy-five and 32/100 ($875.32) Dollars whereby Maker has
incurred the principal amount of in legal fees due and owing to
Holder. 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 ($100.00) Dollars per month, due on
the 1st day of each month, commencing May 1, 1997. The remaining
outstanding balance wIth any accrued interest shall he due and
payable on or before February 1, 1998. The full amount due
hereunder shall be due and paYdble on demand by Holder.
Maker does hereby empower the prothonotary, clerk of
court or any attorney of any court of record in the C;,mmonwealth 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 MAKER
WITHOUT PREVIOUS NOTICE TO MAKER 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 shaJ I not
constitute a waiver of any of Holder's remedies, and the same shall
be available to Holder until such time as this Note is satisfied.
EXPLANATION OF RIGHTS
A. I clearly and specifically understand that by signing
tho foregoing promissory Judgment Note dated oven date herewith in
the amount of Eight lIundred Seventy-five and 32/100 ($875.32)
Dollars (the "Note"), payable to Fenstermacher find 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 will 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.
5. I will 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 have the burden of proving default
rests upon the Holder before my prQperty can be exposed
to execution.
3. The right to avoid the additional expense of
attorneys' fees and costs incident to the opening or
striking off a confessed judgment.
c. I fully and completely understand these rights which
I have received prior to l3igning the Note and am clearly aware that
these rights will be given up, waived, relinquished and abandoned
if I sign the Note. Nevertheless, I freely and voluntarily choose
to sign the Note, my intention being to give up, waive, relinquish
and abandon my known rights (as described in Paragraph 8 ahove) and
subject myself to the circumstances described immediately above.
D.
which has a
$10,000.00 or
WITNESS:
I hereby cert.ify that I, a signatory to the Note,
confession of judgment clause, have earnings of
more per year.
I IlAV:: READ 'rHIS ENTIRE F'ORM AND
FULLY UNDERSTAND ITS CONTENTS
Ji,L.V
IJ .n./U'tl 'It 1) ~JJ
Bessie H. Yohe "
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