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Home My WebLink About00-05445 "~~., ,~ " ,- " .~ -""""":,', F:\FILES\DATAFILE\FORMS\Praecipe-satisfy.jdg Created: 9/8103 3:02PM Revised: 9/8/03 3:04PM FLORINDA B. MENDELSOHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 2000 - 5445 CIVIL KIMBERLY A. MALLOY and JAMES M. MALLOY, Defendants ORIGINAL DEBT: $13,000.00 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment in the above captioned case satisfied and issue a certificate reflecting the same. MARTSON n"WWlLUAMS &OITO By QCD Carl C. Risch, Esquire LD. Number 75901 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 8, 2003 .~"j . "" ""'1MM!!ilJ:.iliU'" '. ~'~ '''-""_~~;jj\iI~101&'.i~::g;Jt~tilfij;W~''li Jilii!iC:!iFIlil1~.UllJlii!!il!il ,,,~ [.~ -'li!ii ". '~", 1 () c: ~ -0"'.' lill",!;:! ;;;::f- ;;;::1"=' V)'- ~i~:~" :B: ._ ;;;::c: ",-C: -C !j .~r.'~'- ..... :::Mlti1&' ~ ,~ '0 "''1" C:J (.,0 o ~..., u, ;~Tl '.,:; I ('" ".' ., ", , '~) 1-:, .;J,~~'; ~~~~! 2? ;3n-'{ ;,-;! 5::r -< ~ S:' ~ ,,,.. ,,~. ~--, ".."",,=.~ '~'_"'."o. '~'~..~'","~.". ',""'""'""'~'"''''''',~,,,'';,''' "'''''. ,,:>;,v(:\ . . L6-0/544J~ PROMISSORY INSTALLMENT JUDGMENT NOTE $13,000.00 ~ ;I1<41vs, Date: ~ 7' ,2000 @ FOR VALUE RECEIVED, AND INTENDING TO BE LEGALLY BOUND HEREBY, JAMES M. MALLOY AND KIMBERLY A. MALLOY, having an address at 416 Walnut Street, Boiling Springs, P A 17007 (hereinafter whether singular or plural called the "Maker") promises to pay to FLORINDA B MENDELSOHN of 1411 Montfort Drive, Harrisburg, PA 17110 (hereinafter called the "Payee") the sum of Thirteen Thousand ($13,OOO.OO)Dollars, with interest thereon at the rate of Eight Percent (8.00%) per annum; said principal and interest being payable in thirty-six (36) successive monthly instal~~~o~e llundred Fifty-Seven and 73/100 ($157.73), the first installments payable on i"~uol , fOoo, and the remaining installments on the same day of each month thereafter, each installment when paid to be applied first to the payment of interest accrued on unpaid principal and the residue thereof to be credited to the principal. @ The Maker hereby expressly agrees that in case a default shall be made in the payment of any ofthe aforesaid installments, or any parts thereof, as and when the same shall become due and payable, then, in any such case, all unpaid principal then accrued thereon shall, at the option ofthe holder ofthis Note, forthwith become due and payable, without demand and notice. Maker does hereby authorize and empower the Prothonotary, Clerk of Court or any attorney of any court of record in the Commonwealth of Pennsylvania, or elsewhere, to appear for it and, with or without declaration filed, confess judgment against it for the above sum with costs of suit, release of errors, and without stay of execution, and with fifteen (15%) percent added as part of the judgment for attorneys' fees for collection. The undersigned and each endorser hereby waive presentment, demand, protest, and notice of protest and nonpayment. Maker fully understands and agrees to the attached Explanation of Rights which is incorporated herein by reference. THIS NOTE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAKER WITHOUT PREVIOUS NOTICE TO MAKER AND MA Y HAVE AN IMP ACT UPON THE CREDIT HISTORY OF THE MAKER. '. The failure of Payee to declare this Note due and payable on the Maturity Date shall not constitute a waiver of any of Payee's remedies, and the same shall be available to Payee until such time as this Note is satisfied. The words "Payee" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs, successors or assigns of Payee and Maker, and the term "Maker" shall be deemed and construed to include the singular, as well as the plural, and the masculine, feminine and neuter gender, or vice versa. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. THE LIEN OF THIS JUDGMENT IS HEREBY MADE SUBORDINATE AND INFERIOR TO A PURCHASE MONEY MORTGAGE OF EVEN DATE HEREWITH, WHICH MORTGAGE IS IN AN ORIGINAL PRINCIPAL AMOUNT OF $103,920.00 FROM MAKER TO EQUITY ONE, INC., ITS SUCCESSORS AND ASSIGNS. THE LIEN OF THIS JUDGMENT IS HEREBY RESTRICTED TO ALL THAT CERTAIN PREMISES IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA KNOWN AS AND NUMBERED 156-160 SOUTH PITT STREET AND 103 WEST SOUTH STREET. IN WITNESS WHEREOF, Maker has duly executed this Note this f~ay of~, 2000. J'?'c.Svsr ~ WITNESS: ~ MAKER: ~';i) fJ ~11. es M. Malloy /n7.c- 'fin1Ap~ aY>J~/ Kimberly A. lloy MAKERS ADDRESS: 416 Walnut Street Boiling Springs, P A 17007 2 .. ,"-- ~ ~~'-~,."~~"'* "---.- '~-c' '''''-->Ji'>''.;''", o""'~.."""""",,,,>' '<o;'.;'''f :d",,'"'''>Ii'~''':'''''''~''''' " --," ~>-:.: , 1 EXPLANATION OF RIGHTS A. I clearly and specifically understand that by signing the foregoing Promissory Judgment Note dated even date herewith in the amount of $13,000 (the "Note"), payable to Florinda C. Mendelsohn (hereinafter the "Holder") which contains a confession of judgment clause: 1. I will authorize the Holder to enter a judgment against me in Holder's favor which will give the Holder a lien upon any real estate which I may own, including my home. 2. 1 will give up the right to any notice of opportunity to be heard prior to the entry of this judgment on the records of the court. 3. I will agree that the Holder can enter this judgment without any proof of nonpayment or other default on my part. 4. I will subject all of my property, both personal property and real estate, to execution (and sheriff's sale) pursuant to this judgment prior to proof of nonpayment or other default on my part. 5. I will be unable to challenge this judgment, should the Holder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in attorneys' fees and costs which I will have to pay. 6. I know and understand that it is the confession of judgment clause in the Note which gives the Holder the rights enumerated above. B. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE. I UNDERSTAND THAT I WOULD HAVE THE FOLLOWING: 1. The right to have notice and an opportunity to be heard prior to judgment. 2. The right to have the burden of proving default rests upon the Holder before my property can be exposed to execution. 3. The right to avoid the additional expense of attorneys' fees and costs incident to opening or striking off a confessed judgment. C. I fully and completely understand these rights which 1 have received prior to signing the Note and am clearly aware that these rights will be given up, waived, relinquished and abandoned if! sign the Note. Nevertheless, I freely and voluntarily choose to sign the Note, my intention being to give up, waive, relinquish and abandon my known rights (as described in Paragraph B above) and subject myself to the circumstances described immediately above. 3 . .- "" "," ','''h''"" '.<",~,,,,- '~,'"?""";",,,_.~,,,"'''"''F_ 'Op.f;.' ,'< ' D. 1 hereby certify that I, a signatory to the Note, which has a confession of judgment clause, have earnings of $10,000.00 or more per year. WITNESS: 1 HAVE READ THIS ENTIRE FORM AND FULLY UNDERSTAND ITS CONTENTS ~ ?7'_~ J es M. Malloy ~flI1J4~ Kimberly A. Mal oy 4 J;Ri:;o" ",',,','}' ~~f"') '~c, . ,~" ~ "'>':,';,'iiililflilllo' .'" '.':;!j' [I .......~.. f h . ~ ~~ "'. "': , ,~~, '"'" . ~ :.-..' ~t: ~ ~ ~)-..,. ~ 6" o - ='< " ~ "';",'-.- -'--'- FD I~ ~ ~~~~ ~I ~ . ",.., .', 8 s:: CBffJ ~~ -< ,. ~o ~8 :i>c: z ':< " 0'0 -0 " "'" G'5 L...~.. I' """}h .r:- .iBg ~ lJ=H ~ f58 );! Ul :0 C -< . - i "I I i I ,I i I :! cg \ ~! ~ ",", "