HomeMy WebLinkAbout98-02181
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LAW OPI'"ICE9
SNEL8AKER,
BRENNEMAN
/J( SPARE
oonfession against a natural person in ~onneotion with a
oonsumer oredit transaotion.
6. The attached Note has not been asaigned.
7. Judgment has not been entered on the attaohed Note in
any jurisdiction.
8. ,Judgment under the Note need not be entered only after
a default or the occurrence of a condition precedent.
9. The amounts due by Defendant under the Note presently
are itemized as follows:
A. Principal Sum: $100,000.00
B. Unpaid Interest: 8,169.00
C. Collection Fees (15% of items
A and B, above) : _!Jh.li2_...11
Tota 1 : $124,394.35
WHEREFORE, Plaintiff demands judgment against Carlisle
Sports Emporium, Inc. as authorized in the warrant in the
attached Note in the principal sum of $100,000.00 together with
interest in the amount of $Il,169.00, costs of this action and
collection fees as indicated above.
Date: April 17, 1998
SNELBAKER, BRENNEMAN & SPARE, P. C.
By, 1i~~
Kelth O. Brenneman, Esquire
44 West Main street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
W. Wayde Kelly
-2-
~ROMISSORY JUDGMENT ~QtE
$100,000.00
November /-"l , 1997
On demand after date, CARLISL~ SPORTS EMPORIUM, INC., the
undersigned Maker, hereby promises to pay to W. WAYDE KELLY, or.
his assigns, the sum of One Hundred Thousand and No/100
($100,000.00) Dollars, without defalcation, value received, with
interest at the rate of fourteen per centum (14%) per annum from
the date hereof, said interest to be paid monthly on the 12th day
of each calendar month, the first such payment to be due and
payable on December 12, 1997. In addition to the foregoing,
Maker promises and agrees to pay the sum of $150.00 as a late
charge for each monthly installment of interest which remains
unpaid more than five (5) calendar days after its due date
aforesaid; said charge being as liquidated damages in lieu of
actual damages and not as a penalty. And further, said Maker
does hereby authorize and empower the Prothonotary or any
attorney Of any court of record of Pennsylvania or elsewhere at
any time or times and without default to appear for and enter
judgment against i.t for the above principal sum and interest,
with costs of the action, with or without declaration or
complaint, release of all errors, without stay of execution, and
with fifteen per centum (15%) added for collection fees; and said
Maker also waives the right of inquisition on any real estate
which may be levied upon to collect the obligations evidenced by
this Note and it voluntarily condemns the same and authorizes the
EXHIBIT A
:
Prothonotary to enter said voluntary condemnation upon any writ
of Execution issued upon the judgment or judgments entered
hereon; and said Maker further agrees that any property, real,
personal or mixed, may be sold on, through and by any writ of
Execution issued upon the judgment or judgments entered hereon;
and further waives and releases all relief from any and all
appraisement, stay or exemption laws of any state now in force or
hereafter enacted.
WAIVER
IN EXECUTING THIS PROMISSORY JUDGMENT NOTE, THE MAKER HEREBY
DECLARES THAT IT UNDERSTANDS THE TRANSACTION, AND KNOWINGLY AND
VOLUNTARILY WAIVES ITS RIGHTS TO CONTEST THE ENTRY OF JUDGMENT
AGAINST IT ON AND UNDER SAID NOTE, AND DOES HEREBY CONSENT TO THE
ENTRY OF JUDGMENT BY CONFESSION WITHOUT DEFAULT AS ABOVE PROVIDED
AND AUTHORIZED.
IN WITNESS WHEREOF', the undersigned Maker has caused this
Promissory Judgment Note to be executed by its President,
attested by its Secretary and impressed hereon its corporate seal
the day and year first written above intending to be legally
bound hereby.
ATT~~~:::>
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L-==- secretary
CARLISLE SPOBrs EMPORIUM,
~:.~
By, .'_ ~~ "*-
President
INC.
(SEAL)
(Corporate Snal)
-2-
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