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Home My WebLink About00-05325 ~' -. ............. ........ ......11II.. "~""- RALPH CLAY and JOSEPHINE L. CLAY, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CLAY SERVICE CENTER, INC., Defendant. JUDGMENT NOTE NO. 17 CIVIL 1988 00 - S.3~ (3~;L c I~ vs. AGREEMENT TO REVIVE The undersigned hereby agrees that the judgment entered on January 5, 1988, to Docket No. 17 civil 1988 be revived and the lien continued and authorizes the prothonotary to enter and index a jUdgment of revival in the amount of $75,000.00 plus costs. Clay Service Center, Inc., Defendan,t "1h/;}.OOo ;BY: ~.;, j) f~ J es D. Clay, Pr ident Date: 2-000 1 , . i I,' " :i , ,I I 'I 1 ,I ;1 I :i H :l ! " I -"""""""----- -{.q, c' ;..Q R ~ c - -p 0 ...0 ;f;f.:: ,~ 8 d . ['= It:. 8 z~::- ~ ?"::r'" '::".,) u' _c, --0 ~ ~"._, <? ~ V 2~>."~. [ 6' --. ""..' r-,.) f ';-'C;,: ...,J ~ ."-, .-, j -< (XI lA tv t y -( ~ " !'l!""~- ~~ , ," "~"t~_T'''''~lbHW'''%~'l--''~'''~WN"'''''~I''!~~~~1J'''''~;~~~,,,._~, " ~ ~ 60- ..5"3..2$ e-U; L ~, ASSIGNMENT OF PROMISSORY NOTE AND JUDGMENT TlIIS ASSIGNMENT OF PROMISSORY NOTE AND JUDGMENT (hereinafter referred to as this "Assignment") is signed and executed, and is effective as ofthis 6th day of July, 2000, by and between Ralph Clay and Josephine L. Clay, husband and wife, whose principal residence is 30 1 West Ehnwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Assignors") and, Ralph Clay and Josephine L. Clay, Trustees of The Josephine L. Clay Family Revocable Trust dated March 16,2000, now of301 West Ehnwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as the "Assignees "). WHEREAS, Clay Service Center, Inc., (hereinafter referred to as "Obligor"), signed and executed 1I Promissory Note on January 2, 1988 upon which note a judgment by confession in favor ofthe Plaintiff (Assignors) and against Defendant (Obligor) was entered in the Court of Common Please of Cumberland County, Pennsylvania, on January 5,1988, to no. 17 Civil, 1988 (hereinafter referred to as the "Note" and "Judgment" respectively), agreeing and promising to pay to the order of Assignors the principal sum of Seventy-Five Thousand and 00/1 00 Dollars ($75,000.00). The terms of the Note and Judgment were subsequently modified pursuant to a Modification Agreement entered into on April ~ 1994, at which time the interest rate was amended to be seven and one- half(7.5%) percent per annum, and is incorporated herein by reference; and WHEREAS, Assignors now wishes to transfer and assign the Note and Judgment to Assignees, and transfer legal ownership of the Note and Judgment to Ralph Clay and Josephine L. Clay, Trustees of The Josephine L. Clay Family Revocable Trust, dated March 16, 2000, and their successors and assigns thereunder. NOW, THEREFORE, in consideration of these premises, the mutual promises, covenants and obligations hereinafter set forth, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Recitals Incorporated. The parties acknowledge and agree that the foregoing recitals constitute a material part of this Assignment, and are expressly incorporated herein by reference and are made an integral part hereof. 2. Assignment. The Assignors individually hereby assign, grant, transfer and set over to the Assignees all of Assignors' right, title and interest in and to the Note and Judgment. 3. Warranties and Acceptance. Assignors warrant that the Obligor is not in default 1 ;)iF,lJjl,"'""f'" '"I, " -I' .' " under the Note and that the Note is paid in full as owed through the date hereof. The duties and obligations of the Assignors are hereby assigned to the Assignees, and the Assignees hereby assnme all of the conditions, duties and obligations ofthe Assignor under the Note and agrees to protect, defend and hold Assignors harmless from any claim for same. 4. Notice. Assignors agree to give the Obligor written notice of this Assignment by certified mail, postage prepaid, which is agreed to by Assignees. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have execut tl his Assignment on the day and year first above written. ASSIGNORS ~~ a;, COM ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 6th day of July, 2000 before me, a Notary Public, the undersigned officer, personally appeared RALPH CLAY and JOSEPHINE L. CLAY, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Assignment, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. tJa q . ;(4. ~ (J M/UA.' ~ Notary PUblic I My Commission E . Notarial Seal Traei L. Sepkovie. Notary Publie Lemoyne Boro. Cumberland County My Commission Expires July 7, 2003 Member, Pennsylvania Association of Notaries . Ii, 2 ~-~ , 1,1' ;, ~ IN WITNESS WHEREOF, and intending to be legally bound hereby, the Assignees hereto has executed this Assignment on the day and year first above written. ASSIGNEES RALPH LAY, TRUST JOSEPHINE L. CLAY REVOCABLE TRUST J: EP L.CLAY,TRUS OFTHE OSEPHINE L. CLAY FAMILY REVOCABLE TRUST COMMONWEALTH OF PENNSYLVANIA , COUNTY OF CUMBERLANb On this, the 6th day of July, '2000 before me, a Notary Public, the undersigned officer, personally appeared RALPHCLA Y and JOSEPHINE L. CLAY, TRUSTEES OF THE JOSEPHINE L. CLA YFAMIL YREVOCABLE TRUST, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Assignment, and acknowledged that they executed the same for the. purposes therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. RETURN TO: GATES & ASSOCIATES, P.C. 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 Zau,-/~/~ Notary Public My Commission Exnires: Notarial Seal Traci L Sepkovic, Notary Public Lemoyne Bore, Cumbetland County My Commission Expires July 7, 2003 Member, Pennsylvania-AssoqlationofNotaries 3 1 :j :1 i I d i () .iQ r;; [ <~~ ^' \,.1' ~ cnr:. ~ "', 0 u~; '~- ~: -() 0- _1>- ,_ -<J -._J 6"- 1~,(;;:; tJ ~ r ~-- ;:.:: ::;1 "-J , ~ -1 , 1; c:. ,~" ;~ C.J r:-:-"l ::::' ~ "..'1 ==< .-.J ~~~~~""oQ':'~Wl"Wffl~'~W.'~I""I'''''f'':~~W~l19~I'I'''JI:!lJ!!I~~~III'''''''r""",~ ,