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Home My WebLink About97-06508 .\1 ('17 I". r-()' n. ' lu, '/ - u: 'J ,) ('" ,.\ JUDGMENT NOTE -'). ,jl\ $7,353.04 November) I , 1997 I, GEORGE R. MYERS, an adult individual residing at 851 Kiehl Drive, Lemoyne, Pennsylvania 17043 <hereinafter "Obligor"), for value received and intending to be legally bound prornise to pay to the order of JANE C. MYERS, an adult individual residing at 30 I North 26th Street, Carnp Hill. Pennsylvania, 17011 ("Payee"), her successors and assigns, the principal surn of Seven Thousand Three Hundred Fifty-three and 041100 ($7,353.04) Dollars and interest on the unpaid arnount of said principal sum frorn the date hereof until the principal of this Judgment Note is fully repaid, payable ON DEMAND. All payments of principal and interest shall be made in lawful rnoney of the United States of America. Any principal or interest not paid when due shall bear interest ver annum thereafter at a lawful rate of interest, until paid. The principal of this Judgment Note may be prepaid in whole or in part without penalty at any time. If the principal of this Judgment Note or any portion thereof is prepaid as aforesaid. interest shall cease to accrue thereon or on the prepaid portion thereof as applicable from and after the date of such prepayment. Principal and interest on the principal of this Judgment Note shall be payable at 301 North 26th Street. Camp Hill, Pennsylvania, 17011, or at such other place within the United States of America as Payee frorn time to tirne shall designate in writing to Obligor. Upon demand by Payee under this Judgment Note, all arnounts herein shall becorne irnmediately due and payable. Immediately upon execution hereof, Obligor hereby authorizes and ern powers any prothonotary or attorney or any clerk of any court of record to appear for and to confess or to enter judgment against him at anyone or more times as of any term for all surns due or to become due hereunder together with reasonable attorneys' fees, and with costs of suit, release of all errors, waiver of appeals, without stay of execution, and Obligor waives inquisition and extension upon any levy on any real estate, hereby voluntarily condemns the same and authorizes the entry upon the writ of execution of any such voluntary condemnation, and agrees that such real estate may be sold on a writ of execution, hel'eby waiving and releasing all relief from any and all appraisernent, \ ~ stay or exemption laws now in force or hereafter enacted. The authority herein granted to confess judgment shall not be exhausted by any exercise thereof but shall continue from tirne to time and at all times until all sums due under the Judgment Note are paid in full. IN WITNESS WHEREOF, Obligor has executed this Judgment Note the day and year above first written. 4~/f?)ft:/~AL) Gorge R. Myers'/ 1212.' I - 2 - ~XPLANATION OF RIGHTS. CONFESSION OF JUDGMENT 1. On the date hereof, I, GEORGE R. MYERS. an adult individual hereby ackIvJwledae that I have executed a J'udlPllent Note of even date herewith in favor of JANE C, MYERS ("Obli,ee") containing Ca,lfession of Judgment provisions for payment ofthe debt evidenced thereby and the performance of certain obligations WI defined therein (in the face amount $7,353.04). I understand clearly and specifically that by signing the Notes, which contain confession of judgment clauses: (a) I authorize Obligee to enter a Judgment against me and in its favor which will give Obligee a lien upon &I1Y real estate which I may own includinl my home; (b) I give up the right to any notice or opportunity to be heard prior to the entry of thia Judgment on the records of the court; (c) I agree that Obligee can enter the judgment after default WI defined in the Note or in any of the Loan Documents as that tenn is defined therein; (d) I subject all my property, real, personal and mixed. to execution and sherill's sale, pursuant to this Judgment, prior to proof of non-payment or other default on my part; (e) I will be unable to challenge this Judgment, should Obligee enter it except by proceeding to open or to strike the Judgment; and such a proceeding will result in attorney's fees and costs which I will have to pay; (0 I give up the right to require Obligee to present a sworn document setting forth in non-conclusory tenns the basis for its claim before obtaining a writ of garnishment or a writ of attachment; (g) I agree that the writ of garnishment or writ of attachment !nay be iasued without the necessity of a review and an approval by an official vested with requisite discretion; and (h) I give up the right or opportunity for a prompt post-seizure hearing at which Obligee must demonstrate at least the probable validity of its claim. 2, I know and understand that it is this instrument and the confession of judgment clause in the Guaranty which gives Obligee the rights and benefits enumerated in subparagraphs (a) through (h) of paragraph 1 above. IF I DO NOT SIGN THIS ~~~'i:ME~~~<;T~OTE WHICH CONTAINS THE CONFESSION OF JUDGMENT . I THAT I WOULD HAVE THE FOLLOWING: (a) the right to have notice and an opportunity to be heard prior to Judgment; (bl the right to have the burden of proving default rest upon Obligee before our property can be exposed to execution; (c) the . right to avoid the additional expense of attorneys' fees and costs incident to opening and striking off a judgment; (dl the right to require Obligee to present a sworn document setting forth in non-conclusory terms the basis of its claim before Obligee obtains a writ of garnishment or a writ of attachment; {dl the right to condition the issuance of a writ of garnishment or a writ of attachment on a review and an approval by an official veated with the requisite dillCretion; and <0 the opportunity for or right to a prompt post-seizure hearing at which Obligee must demonstrate at least the probable validity of its claim. 3. Fully and completely understsnding these rights which I have prior to signing the Note and this instrument and clearly aware that these rights will be given up, waived, relinquished and abandoned if we sign the Note and this instrument, I nevertheless freely and voluntarily chlK'se to sign the Note and this instrument, my intentions being to give up, waive, relinquish and abandon our known rights (as described in paragraph 2 above), and subject myself to the circumstances described in paragraph 1 above. 4. I acknowledge that (a) the Note and this instrument have been executed in a commercial transaction for business purposes; (bl that at aU times material hereto I was represented by counsel in connection with the execution of the Note and this instrument; (cl that I reviewed the Note and this instrument with my attorney before signing them; and (d) that my annual income exceeds $10,000.00. Sf' Dated this)' day of November, 1997. I HAVE READ THIS ENTIRE FORM. I FULLY UNDERSTAND ITS CONTENTS AND INTEND TO BE LEGALLY BOUND HEREBY. WITNESSES: -~/?~/ George it. My (SEAL) Residence Address: 851 Kiehl Drive Lemovne. Pennsv1vania 17043 COMMONWEALTH OF PENNSYLVANIA COUNtY OF DAUPHIN S8: st On this, the ~ I day November, 1997, before me, the undersigned officer personallY appeared JEFFREY T. RUSSELL, ESQUIRE, Supreme Court I.O, No. 78056, known to rne (or satisfactorily proven) to be a rnernber of the bar ofthe highest court of said state and a subscribing witness to the within instrurnent, and certified that he was personally present when George R. Myers. whose name is subscribed to the within instrument executed the same, and that the said person acknowledged that he executed the same for the purposes therein contained. t IN WITNESS WHEREOF, I hereunto set my hand and official seal. _~)tt It c ,() (!liftA;. /('~ vi ;' Notary Public (SEAL) My Cornmission Expires: NOTARIAL SEAL '~JYCE A. AlA TTHEW5. Notarv Pulllll; "'yofHtmlburQ. 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