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HomeMy WebLinkAbout03-0157$8,000.00 December __, 2002 ~ N. ~LLER and ANGELA K. MILLER of C~lisle, C~rl~d Co.W, Pe~sylv~a, ("M~er"), for v~ue received, hereby promises to pay to CLOYD N. MILLER and JOYCE A. MILLER of C~lisle, Cmberl~d Co.W, Pe~sylv~ ("Payee"), ~e s~ of EIGHT THOUS~D ~D 00/100 ($8,000.00) DOLL.S, payable on dem~d. ~s note is ~tended to se~e ~ a lien ag~nst ~y ~sets or proceeds of the M~er. M~er s~l have ~e d~t of prepa~ent of ~s Note, in whole or in p~, at ~y time ~d from t~e to t~e, M~out pe~W. AND FURTHER, MAKER DOES HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEY-AT-LAW, CLERK OF COURT OR PROTHONOTARY OR ANY COURT OF RECORDS OF PENNSYLVANIA, OR ELSEWHERE, UPON DEFAULT, TO APPEAR FOR MAKER IN ANY SUCH COURT AND TO CONFESS JUDGMENT AGAINST MAKER IN FAVOR OF PAYEE, FOR ALL SUMS DUE OR TO BECOME DUE BY MAKER TO PAYEE UNDER THIS NOTE, WITH COSTS OF SUIT AND RELEASE OF ERRORS WITHOUT STAY OF EXECUTION, TOGETHER WITH REASONABLE ATTORNEY FEES UP TO FIFTEEN (15) PERCENT OF ALL SUMS DUE HEREIN, AND FURTHER WAIVES THE RIGHT OF INQUISITION ON ANY REAL ESTATE THAT MAY BE LEVIED UPON UNDER SUCH JUDGMENT AND HEREBY VOLUNTARILY CONDEMN THE SAME, AND FURTHER AUTHORIZE THE PROTHONOTARY OR CLERK OF COURT TO ENTER UPON ANY WRIT OF EXECUTION SAID CONDEMNATION, AND THEY FURTHER AGREE THAT SAID REAL ESTATE MAY BE SOLD UPON A WRIT OF EXECUTION, AND THEY HEREBY WAIVE AND RELEASE ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXCEPTION LAWS OF ANY STATE, NOW IN FORCE OR HEREAFTER TO BE PASSED, AND FOR DOING SO THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. SUCH AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF, AND JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR. THE REMEDIES OF THE PAYEE AS PROVIDED HEREIN SHALL BE CUMULATIVE AND CONCURRENT AND MAY BE PURSUED SINGLY, SUCCESSIVELY OR TOGETHER AGAINST MAKER AND/OR ANY PROPERTY PLEDGED OR ASSIGNED TO PAYEE AS SECURITY FOR THIS NOTE, AT THE SOLE DISCRETION OF PAYEE, AND SUCH REMEDIES SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED AS OFTEN AS OCCASIONS THEREOF SHALL OCCUR. Maker hereby waives and releases ail errors, defects and imperfections in any proceedings instituted by Payee under the terms of this note, as well as ail benefit that might accrue to Maker by virtue of any present or future laws exempting any of maker's property, reai or personal, or any part of the proceeds arising from any sale of such property, from attachment, levy or saie under execution or providing for any stay of execution, exemption from civil process or extension of time for payment, as well as the right of inquisition on any reai estate that may be levied upon under a judgment obtained by virtue hereof, and Maker hereby voluntarily condemns the same and authorizes the entry of such voluntary condemnation on any writ of execution issued thereon, and agrees that such real estate may be sold upon any such writ in whole or in part in any order desired by Payee. Maker waives presentment for payment, demand, notice of nonpayment, notice of protest and protest of this Note, and ail other notices in connection with the delivery, acceptance, performance, default or enfomement of the payment of this Note, and he agrees that his liability shail be unconditional without regard to the liability of any other party and shail not be in any manner affected by an indulgence, extension of time, renewai, waiver or modification granted or consented to by Payee; and maker consents to any and ail extensions of time, renewai, waiver or modification granted or consented to by Payee with respect to the payment or other provisions of this Note, and to the release of any property now or hereafter securing this Note with or without substitution, and agrees that additionai makers, endorsers, guarantors or sureties may become parties hereto without notice to him or affecting his liability hereunder. Payee shail not by any act of omission or commission be deemed to have waived any of its rights or remedies hereunder unless such waiver be in writing and signed by Payee, and then only to the extent specificaily set forth therein; a waiver on one (1) event shail not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenfomeable, it shall be ineffective only to the extent of such prohibition or unenfomeability, and such prohibition or unenforceability shail not invalidate the baiance of such provision to the extent it is not prohibited or unenfomeable, nor invaiidate the other provisions hereof, ail of which shail be liberaily construed in favor of Payee in order to effect the provisions of this Note. The words "Payee" and "Maker" whenever occurring herein shail be deemed and construed to include the respective successors and assigns of Payee and Maker. This instrument shail be construed according to and governed by the laws of the Commonweaith of Pennsylvania. THIS NOTE SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. THE MAKER FURTHER REPRESENTS THAT THIS DEBT IS IN CONNECTION WITH A BUSINESS TRANSACTION, AND THAT MAKER HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY LEGAL COUNSEL IN CONNECTION HEREWITH. IN WITNESS WHEREOF, Maker has duly executed this Note as of the day and year first above mentioned. WITNESS: ! t MARK N. MILLER A~OEI~ K. MILLt~R (SEAL) (SEAL) Cloyd N. Miller - Joyce A. Miller 3150 Waggoners Gap Road Carlisle, Pa. 17013 Mark N. Mi31er - Angela K. Miller 20 Milwick Foad Carlisle, Pa. 17013 / NOTARIAL ~U..LSt. E CU~5~ ~LAND COUND/I~0URT HC NIY COIVlIV),i:SSt0N EXPIFE, d)'J,~,NU"~RY 2, ~L DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS q~ DAY OF L~k~¢.co,, ,200~, A PROMISSORY NOTE FOR $8,000.00 OBLIGATING ME TO REPAY TI-IA~T AMO{YNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT PAYEE TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT PAYEE MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO PAYEE'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITI~LS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING PAYEE THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT PAYEE, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, PAYEE MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOX~FINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO PAYEE'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIAI~S:,'~. ~ ~ C. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE OR CHOSE TO NOT HAVE INDEPENDENT LEGAL ADVICE. AFFIANTS: (SEAL) MARK N. MILLER ANGELA'~. MILLER (SEAL) '-~- NOTA.~IAL SEAL I PROTHONOTARY, NOTARY PUEKIC I coo. cou .oosE co Ss, o. .ES AnUA I COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND : On this, the C~4-h day of December, 2002, before me, the undersigned officer, personally appeared MARK N. MILLER and ANGELA K. MILLER, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. "'1 ....... I / PROTHONO~,~ NOTARY PUBUC /C~.2 CU~8~L~D COU~1Y COURT HO_USE | ! MY CO~.~$s' ~ ~x~s z~u~RY 2' 2~ Cloyd N. Miller VS. Mark N. Miller Angela K. Miller In the Court of Common Pleas of Cumberland County, Pennsylvania No. 03-.157 Civil.~l[ Te~'~n Prothonotary Attorney for Plaintiff OF", ....... ~. '~ "" ""' NO. Filed VS. PRAECIPE 19 , Atty.