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Home My WebLink About97-06097 No. q7 ~ ~tJ9 ') _ avll Term -.,. \ ~ . ~'II ~d P. t!& .i4 I .\ I L) VS. ~4~ fJ. f:4'~1t 1/ ~~.4 court of (ammon Pitas . . , Qlmb. Co. I i; I , ,I .1 . , I I 1 " . I' '\1 , , ( i I \ ,I \ II \ ',,-j . , ( \ I I , " \ I , ,t"'Il'; i ~,- i . --, ". " .t, ~ , i': ~o"'~.~, I'oPP~~/j " "'l1~PJi~ "'n'QflN.Y~ "T r.;.W ' ,~$QlITH PITT ~TAlrr. . ", O^fIH'~~1 ~.N~.Y~V~'''IN' ~ m~p~q~~ (rmQ4~ " " :;:th . !, 'I') "1 ". ,:i , ,I; r' ;, .~ .. . , \ " ! " !' .,.a.... ,..... ~.-.;,.t..,_.~.'~'_ ;--., ..l~'1.~ I \ ",~ ,.~ - .;..~,~ THOMAS p, CLINIil, l'laintiff v, MICHASL O. OILGSR and CURTIS A. CLELAND, Defendants IN THE COURT O~ COMMON PLEAS O~ CUMSERLAND COUNTY, PENNSYLVANIA NO. 1997- (".)"1"1 CIVIL 77,.-., CON~ESSION O~ JUDGMENT PRAECIPE ~OR ENTRY QF JUDGMENr BY CONFESSIOl'I To the Prothonotary I Enter judgment by confession in favor of Thomas P. Cline against Michael D. Dilger and Curtis A, Cleland, jointly and severally, in the amount of Thirty-eight Thousand ~ive Hundred ($38,500.00) Dollars plus interest and costs pursuant to the attached judgment note. Datel November 5, 1997 Address ot Pl~intiff/Creditor 2221 Longs Gap Road Carlisle, PA 17013 ..."...., '" ' FOWLER, ADDAMS & RUNDLE Byr ~~'(~JJ ~ {1~~<- M c ael R. Run e Supreme Court 1.0. No. 27768 28 South Pitt Street P . 0, Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Plaintiff Address of Defendants/Debtorq Michael P. Dilger 119 South Chestnut Street Mechanicsburg, PA 17055 Curtis A. Cleland 220 Garden Parkway Carlisle, PA 17013 , , , " $3S,5QO.OO Date I Octoloer "] I , 1997 Carlilille, [If\ JUIlQNINT J'lOTII FOR VAJ..t]E RECEIVED, the undersignec!, MICHAEJ" D. DIr,OJJ:R and CURTIS A. CJ..ELAND, jointly ~nd severally, promilile to pay to the order of THOMAS P. CJ..I~8, or his assignlil, the principal sum o~ Thirty-eight Thousand Five Hundred ($38,500.00) Dollars at eight (811s) percent in interelilt per annum, The said principal and interest shall Ioe payalole at 2221 Longlil Gap Road, Carlisle, Pennsylvania, or at liIuch other place alii the holder may designate in writing delivered or mailed to Debtorlil, in liIemi-annual , payments of principal in an amount not less than Three Thousand ($3,000.00) Dollars nor more than Six Thousand ($6,000.00) Dollars on the first day of April and October of each year until all principal and interest are paid in full. Interest shall aocrUe at the aforesaid rate on the unpaid balance of principal and shall be payable liIemi-annually on the aforesaid dates. Payments shall be deemed made on the date of mailing. In the event the Debtors shall fail to make any payment required herein on or Ioefore its dUG date, Deptors agree to pay a late charge of five (5%) percent of the total amount of the required payment for each succelilsive thirty (30) days or a portion thereof for which liIuch payment shall be past due. AND FURTHER, the undersigned do hereby ,authorize and empower any attorney of any court of 'record in Pennsylvania or elsewhere to appear. for or to enter judgment againlilt them in favor of any holder of this Judgment Note for the above sum, with or without declaration, with interest, costs of suit, release of errors, without stay of ,execution, and with fifteen (15') percent added as a reasonable attorney fee, and do hereby waive and release all benefit and relief from any and all appraisement, stay or " exemption lawa of any state now in force or hereafter to be passed, WITNESS, ger , ~ /IlA vtV--LJ-^- . 1lJ11 /41 If rt.-J-'. (!t-I.d, ,l1l.61; f/ d.-- Curtis A, Cleland ~ PXSC~OSUR. rOR CONrlSSXON or JUOaH.NT I am execllting thia ~,.)I'jl day of October, 19&7, a promissory note for Thirty-eight '~ouaand Five Hundred ($38,500,00) Dollars, obligating me to repay that amount. A. I understand that the note contains a confession of judgment provision that would permit lender 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 confess the validity of any judgment or other claims that lender may assert against me under the note, I am J<nowingly, intelligently, and voluntarily waiving these rights, including any right to advance notice to the entry of judgment, and I expressly agree and consent to lender's entering judgment against me by confession as provided for in the confession of judgment provision. _f.Jrl...- (initials) B. I further understand that in addition to giving lender the right to enter judgment against me without advance notice or a hearing, the confession of judgment provision in the note al.so contains language that would permit lender, after entry of judgment, again without either advance notice or a hearing, 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. 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 knowingly, intelligently and voluntarily waiving these rights, and I expressly agree and consent to lender's immediately executing on the judgment in any manner permitted by applicable state and federal law, without giving me any advance notice. CAt.....-- (initials) C. After atatementa are eaoh atatement ()(..-- 1 . Gounael in the and confeaaion attention. P. I certify blanka in thia Q!gned it, and WITNESS, 2. having read and determined which of the following applicable, and by pladng my initials next to which applies, I represent that I r waa rep,resented by my own independent legal connection with the note, }\ repreaentative of lender specially called the of judgment provision in the note to my that my annual income exceeds $lQ,QQQ,QQ, that disclosure were filled in when I initialled that r received a copy at the time of signing, Ii Cji, YV1l-1 ~ , ~.tt1 (!t()d.i~ Curt a }\, Clelan " ,I pxao~osu~~ JOR OO~J~aaXO~ OF JUPG~~NT I am executing this 7/lt day of October, 1997/ a promissory note for Thirty-eight Thousand Pive Hundred ($30/500,00) Pollars, obligating me to repay that amount, A, I understand that the note contains a confession of judgment provision that would permit lender 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 confess the validity of any judgment or other claims that lender Il)ay assert against me under the note/ I am I<nowingly, , " intelligently, and voluntarily waiving these rights, l.ncluding any right to advance notice to the entry of judgment, and I expressly agree and consent to lender's entering judgment against me by confe~~s provided for in the confession of judgment provision. ~ (initials) a. I further understand that in addition to giving lender the right to enter judgment against me without advance notice or a hearing, the confession of judgment provie'lon in the note also contains language that would per~it lender, after entry pf judgment, again without either advance notice or a hearing, 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, 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 knowingly, intelligently and voluntarily waiving these rights, and I expressly agree and consent to lender's immediately executing on the judgment in a~y manner permitted by applicable ~and federal law, without giving me any advance notice. t' /.M- (initials) , . C. After having read and determined which of the following atatements are applicable, and by placing my initials next to each ~fllent which appliee, I reprllsent that I 1, I was represented by my own indepllndent legal counsel in connection with the note. 2, A representative of lender specially called the oonfeS/ilion of judgment provision in the note to my attention, p, I certify that my annual income exoeeds $10,000,00, that the blanks in thi/il disclo/ilure were filled in when I initialled and signed it, and that I received a copy at the time of signing. WITNJ;:SS, ~MIJ1J~t?.. . ?Li1: fdt:-- 1,..1,,,, II, " .~ ,I"~~~~ . , I I 1 ,j , ,Ii ,: I " , ' -..J ~ f ~ ~ - I'll r" VI .c t" V' ~ cl c , r ... ~ r ~ Q ,\ ''I - .... '" ..., ~ r" '<; ----""'iV"'" ""~"'I "r.: -. . -' Ji;'-~:~;:.~_~;'-"/