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HomeMy WebLinkAbout97-06781 i I , , " " 5 '~ " :.1 ,€ J I ~ ..~ J - 00. r- ~ II ." , \ \ I /' I f .. ,. "~I E:chlblt A NOT E April 6, 1995 Malinda S. Raamussen 517 North Hanover street Carlisle, PA 17013 (, . -t ;). II.s'- 'l ':L .J 1. BORROWER'S PROMISE TO PAY 517 North Hanover street Carlisle, PA 17013 In return for a loan that r have received, I promise to pay U.s. $35,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Raymond E. Diehl and Genevieve A. Diehl, husband and wife, of 401 Myers Road, Boiling springs, Pennsylvania 17007. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2 . INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay intereat at a yearly rate of twelve percent (12%). The interest rate required by this section 2 is the rate I will pay both before and after any default described in section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of payments I will pay Principal and interest by making payments every month. I will make my payments on the 6th day of each month beginning on May 6, 1995, I will make these payments every month until I have paid all, of the Principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before Principal. If, on April 6, 2000, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturi ty Date." I will make my monthly payments at 401 Myers Road, Boiling Springs, PA 17007, or at a different place if required by the Note Holder. (D) Amount of Monthly payments My monthly payment will be in the amount of U.S. $360.01. 4. BORROWER'S RIGHT TO PREP~Y I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full Prepayment or partial Prepayments without paying any prepayment charge. The Note Holder will use all of my Prepayments to reduce the amount of Principal that I owe under this Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law which applies to this loan and which sets maximum loan charges, if finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5% of my overdue payment of Principal and interest. I will pay this late charge promptly but only once on each late payment. (D) De~ault If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notioe of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that r owe on that amount. That date must be at least 2 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder. does not requir.e me to pay immediately in full. as described above, the Note Holder will still have the right to do so if I am in default at a later time. (2) paymont of Note HOlder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my differ.ent address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also Obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the 3 right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a mortgage, deed of trust or security deed (the "Security InBt.rument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the property or a Benefioial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred, and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercisG is prohibited by federal law as of the date of this Security Instrument, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. /~~~~~- ~ks7~~- Malinda S. Rasmussen, ~L) Borrower (Sign original Only] 4 Exhibit b AFFIDAVIT PURSUANT TO P,RCP, 2951(u)(2)(ii) AND NOW this 8th day of December, 1997 comes Michael J. Hanft, Esquire, counsel for the Plaintiffs, and states, pursuant to information provided to hil11 by Plaintiffs, that the confessed judgment being entered pursuant to this Praecipe is not being entered against a natural person in conncction with a consumer credit transaction, The underlying transaction was for the purchase of an investment, commercial related property, i:::!!ii#L Commonwealth of Pennsylvania . SS County of Cumberland On this, the 8th day of December, 1997, before me, the undersigned oflicer, personally appeared MICHAEL 1. HANFT, ESQUIRE, known to me or satisfactorily proven to be the person whose name is subscribed to ti,e within instrument, and acknowledged that he executed the within instrument for the purpose herein contained and with the intent to be legal bound. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~~A. Y2r! My Commission Expires: Notarial Seal Denise L. Nye, Notary Public Carlisle Bora, Cumbedand County My COmmission Expires Feb, 26, 200 I R nmh/lr P"nMvl'JJnla AS~I)Clatlon of NotarIes ." "Oil ""~ .., Ih'" Exhibit 0 ",,' ,,,,,"" (i) , ,'.'i",',/ ",'" ~l'.""" (t) exhibit 0 .!H 'mE CXXJRl' OF CXHQof PLFA'l OF ClMlERl..AM) CXUll'Y, PnftiYINANIA CIVIL DIVISlOO File No. 97-6781 CIVIL TERM RA~D E. DIEHL AND GrnEVIEVE DIEHl. Annunt Due $48.723.02 Interest Per Diem of $11.51 Atty's Coom Included in amount due Costs v. MALINDA S. RASMUSSEN TO 'l'HE PROrnOoorARY OF THE SAID COURT I The undersic;,ned hereby certifies that the below does not arise out of a retail instal.lnent sale, contract, or account based 011 a confession of judgrent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as M'ended; and for real property pursuant to Act 6 of 1974 as arrended. PRAECIPE FOR EXEX:Ul'lOO Issue writ of execution in the above rratter to the Sheriff of CUmberland County, for debt, interest and costs upon the following des<,ribed property of the defendant(s) Defendant's real property at 517 North Hanover Street, Carlisle, PA PRAECIPE FOR A'I'l'JICDIl'Nl' EXEX:.Ul'IOO Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attaclvnent against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description, supply four copies of lengthy personalty list), Ilnd all other property of the defendant(s) in the possession, custody or COntrol of the said garnishee(s). (Indicate) Index this writ against the garnishee( s) as a lis pendens against real estate of the defendllnt(s) described in the attached '~~'/Jr1 &4- DATE. '1/10/.97 Signature I L/'-I~. t!E Prin t Nane I Address I Ten East IIigh street Carlisle, PA 17013 Attorney forI Plaintiffs Telephone, 717/2~3-3341 5u9reme Court ID rb., 57976 /"...........-.-.. 0\~~ :' [_I, I.() i:--- ll; ~' lIt' ",j , " L ; L L1. f' .. C.' _.. '. (..J :~~ \J :'1 ll. , I -..):'- 0/. .~ ~ t~ i '-'1) ~ -V , . _J ~ j _1 - ('- 1{.1L. "R. I'\') 0- () VJ 0 -.. 0 0 \) 0 ~ 0 l0 )j ~ 0 . () l[) - - ro (Il )jr:/... ~ -::;- r'f7 c:J &} 11/ ZQ -& u ~ " r' I ,.: u: '" i:, , , , 1(: ~.. (":1 i"1 c:" ;~l U: [.l' \' " r.. l .J 1 'r - . ,. , 'I , " -: " " , \ " l ~. I ,J, , " , (. .. \ .. 1'). ) \ ( , , . 7, You may also have other rights and defenses, or ways of gelling your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR l,AWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURT ADMINISTRATOR 4TH FLOOR Cumberland County Courthouse (717) 240-6200 " '!'lLt.'fMllN1JlUm11tlWn,IlA.Y'l'lllnlln,UAll >. C', .' , '. U., I , , , , I ( " " (,"1 , I.l.. " l i '. , " .~ J Raymond E, Diehl and Genevieve Diehl -vs- Malinda S. Rasmussen In the Court or Common Pleus of Cumbel'land County, Pennsylvania No 97.6781 Civil Term Kristin D. Mertz. Deputy Sheriff who being duly sworn according to law, says on January 6, 1998 aI6:14P.M.E.S:r., shc posted a copy ofrcal Estate Writ Notice Postcr and Dcscription on the properly of Malinda S. Rasmussen at 517 North Hanovcr Strcet, Carlisle, Cumberlnnd County Pennsylvania, according to law, Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says on January 12,1998 at 9:05 AM,E.S.T., hc served u true copy of Real Estat~ Writ Notice Poster and Description, in the abovc entitled action upol1the within named dcfendanlto wit. Malinda S. Rassm\lssen by handing to Malinda S. Raslllussen at Mechanicsburg Post Office, Mechnnicsburg, Cumberland County, Pc:nnsylvania its contcnts llnd at the same timc handing to her personally the said true und utte~:c\! copics of the same, R. Thomas Kline, Shcriff, who being duly sworn uccording to law, says hc scrved the above Rcal Estate Writ Notice Poster und Dc':c;iption in the following Manner: The Sheriff mailed a notice of the pendency of the action to lhe defendant Malinda Rusmussen to hcr last known address 611 B GeneVll Drive Apt II 5, Mechanicsburg, Pennsylvania. The lctter wus mailed under the date of January 13, 1998 and never rcturned to thc Sheriffs Ollicc, R. Thomas Kline, Sheriff, who being duly sworn according to luw, suys after due and legal notice hud bcen givcn according to law, exposcd the within described premises at public venue or o Law outcry at the Court House, Carli sic Pennsylvania, on May 6, 1998 at 10:00 o'clock A.M.E.D.S.T., and sold thc same for thc sum of $ 1.00 to Attorney Michaelllunft for Raymond E. Diehl and Gcnevicvc Diehl their heirs and assigns, It being thc highest bid and thc best price received for the same Raymond E, Dichl and Gcncvicive Diehl, thcir heirs and assigns, being 'l1e highest bid and best price received for the same Raymond E. Diehl and Genevicve Diehl, their heirs and assigns paid to Sheriff R. Thol11us Kline, the sum of $ 3,994,65 it being bid price poundagc ctc. Shcriffs Costs Listed bclow. Shcriffs Costs: Docketing Poundagc Posting bills Advertising Acknowledging dccd Auctioncer Law Library County Mileagc Certilied Mail Levy Postpone sale Surchargc Journal 30,00 76.53 15.00 15,00 30,00 10.00 .50 1.00 9.30 1.50 15.00 20,00 4.00 215.00 " . ,~., {',\ i' r"\', ,;, " ~ . ~, ;" .~' -' ' I '. wU'~u_ OR to-<.. j 0, "{ '17 thll sheriff levied ... defendan!'; IMlnst In tn(' ~":'~. ..;:,',' 'IV ':::~iJ;lt3d In ("I\.I 0, , 00 A~~.- Cumberland CmJllty ,,:;:., ~~r "!in dr,...; n!lr: :",)rOO as: ~.?lLNQ.2t("""'~ 5iJ-. 'c.a.JL>'......_- and mo~~ hlly di:):"erH.'"I) (;0 exhibit" ;\" I.;,,;.. this writ ailJ by this r';'il)f~.1(:e incorporated herein. OCIte: 6 ~/O . ~ 7 By: (flul'). A, {2~R~ld1- /J.~Q. ~ ~~F Vi " ,'1 I L6, I!J t? tl 0' 010 j~ . :1.~ I. I . . , . ,,:,.10