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HomeMy WebLinkAbout03-2276 03- :2';)7{o Ci ~'J / " " PROMISSORY NOTE $60,000.00 June 1 , 2002 FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND, the undersigned, KIM C. RARAIGH and CATHLEEN D. RARAIGH, of Carlisle, Cumberland County, Pennsylvania, Maker, promises to pay to the order of JOHN AMSLEY at Carlisle, Cumberland County, Pennsylvania, Holder, or such other place as the holder may designate in writing to be the undersigned, the principal sum of SIXTY THOUSAND AND XXII 00 ($60,000.00) DOLLARS, together with interest at the rate of FIVE and ONE/HALF (5 1/2%) PERCENT per annum calculated from July 1, 2002 as follows: Monthly payments shall be made in the amount of ONE THOUSAND ONE HUNDRED FORTY-SIX AND 07/100 ($1,146.07) DOLLARS, beginning on July 1,2002 and continuing on the 1 st day of each successive month thereafter for a period of five (5) years or sixty (60) payments, until all principal and interest is paid in full. This note is intended to serve as a lien against any assets of the Maker. Maker shall have the right of prepayment of this Note, in whole or in part, at any time and from time to time, without penalty. In the event Maker is in default for a period of thirty (30) days, the then remaining principal balance shall be due in full together with interest at the rate ofTEN (10%) PERCENT. Payments shall be applied first to accrued interest and the balance to principal. Payments shall be made payable to John AInsley, 331 Crains Gap Road, Carlisle Pa 17013. In the event of any default by the undersigned in the payment of principal or interest when due or in the event of the suspension of actual business, insolvency, assignment for the benefit of creditors, adjudication of bankruptcy, or appointment of a receiver, of or against the undersigned, the unpaid balance ofthe principal sum ofthis promissory note shall at the option ofthe holder become immediately due and payable and the amount then due shall accrue interest until payment at the rate ofTEN (10%) PERCENT per annum or the highest rate permitted by law, whichever is less. The Maker and all other persons who may become liable for the payment hereof severally waive, demand, presentment, protest, notice of dishonor or nonpayment, notice of protest, and any and all lack of diligence or delays in collection which may occur, and expressly consent and agree to each and any extension or postponement of time of payment thereof from time to time at or after maturity or other indulgence, and waive all notice thereof. " . And to secure the payment of said amount, we hereby authorize, irrevocably, any attorney of any Court of Record to appear for me in such Court, in term time or vacation, at any time hereafter, and confess judgment, without process, in favor of the holder of this Note, for such amount as may appear to be unpaid thereon, whether due or not, together with costs, and to waive and release all errors which may intervene in such proceedings and to consent to immediate execution upon such judgment; with 5% attorneys fees charged; hereby ratifying and confirming all that my said Attorney may do by virtue thereof. This note is made and executed under, and is in all respects governed by, the laws of the Commonwealth of Pennsylvania. ~~ KIM C. RARAIGH ~~xJ ~~7-L CATHLEEN D. RARAIGH Sworn and subscribed to before me this ~ay of ' 2002. Notarial Seal Shelly A. Hartman, Notary Public MiddleSex Twp., Cumberland County My Commission Expires Feb. 26, 2005 Member, Pennsylvania Association of Notaries l<\; V\'\ c. K ().. r a. " a \r... Ca:t::ra I ~ e.1I\ 1). R ~ r 0..: S '" 1 &0(' cl.o V\ 1:>r: cte.... Co.d~ e>le. Pc::\. 17013 , j,. ~ ~ , I j' t ~ ~ ~ ~, ~ ~ ~ ~ "- V,) ~ "'N 1."( ~ ~ 7\ ~. ;J ~ C)...) -e:::. ~ '::::::-. ;:g :j ~ Zf~, ~ /' Vi S-! (:) ~: '_ f' " ? ~ ~ (') C C~.) (r:,) ..:_it! i".: "'r"'_.~ '~.' r'" .. :." OJ 03 - ;;)6/1 h PARTIAL RELEASE/DE1t'lA1iQ NOTE KNOW ALL MEN BY THESE PRESENTS that JOHN AMSLEY, of Carlisle, Pennsylvania (hereinafter party of the first part), hereby acknowledges he has this day had and received of and from KIM C. RARAIGH and CATHLEEN D. RARAIGH, of Carlisle, Pennsylvania (hereinafter parties of the second part), good and due consideration in satisfaction and payment of the obligation against said parties of the second part as evidenced by a Judgment Note recorded in the Cumberland County Prothonotary's Office docketed at 2003-2276, as said obligation affects the property located in 345, 347, 347 Y, West Penn Street, Carlisle, Cumberland County, Pennsylvania, dated June 7, 2002, and recorded in the Cumberland County Prothonotary's Office on May 12, 2002. Therefore, JOHN AMSLEY, party of the first part, does by these presents remise, release, quit claim and forever discharge the said KIM C. RARAIGH and CATHLEEN D. RARAIGH, their heirs, executors and administrators as limited above, of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, for or by reason thereof, or any other act, matter, cause or thing whatever, from the beginning of the world to the day of the date of these presents. And they hereby consent and agree that the Court of Common Pleas of Cumberland County may discharge the said obligation as it exists against the aforesaid tract of land upon application, without further notice to party of the first part. IN WITNESS WHEREOF, the party hereto has set forth his hand and seal this So iJl day of rJ.:r ' 2003. WITNESS: ~~MJ-~ COMMONWEALTH OF PENNSYLVANIA) ) SS COUNTY OF CUMBERLAND ) On this, the eod>.day of ~ ' 2003, before me, the undersigned officer, personally appeared John Amsley, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the same for the purpose therein contained. In witness whereof, I hereunto set my hand and official seal. ~\Sr ;t~ IlOTARlAL SEAl. __ IIOIIIl J.lIlSIIOIlII, IlOTARI'...- CNlUSLE IlORiI- CIl118ER1A11D i:llUlIIY 011 I olle!:,,'/' I ~~~\:" , ~,._,"~-""""-''':;' \ -.-....-..-,, itS -0 ~D (b 0-. ~ ()' 0 ':1= U- 0 . Pr= ;;.:;. ~ H;>< lp - 3 :5 -C. D ::r::. - -....J A:l -<::. n ~ E.. ~ 8= (1) CIJ fb ~ -. ~ . r r () :' .n~;~'!'~ ~..,. "'""1:., .. . (') 0 0 c w " <:" e ~fl'; ..... CPIT CiS ~::= :n ~-~ ,.1r- Zl I "'7 CO<:,:_ ,-.- -<. ~")c !;=r: . '1,) i;,' :1? r: :a L' ':?e') )-.;;; i:-? Om L~ --, _.-< ~" 3J -< C" -< JOHN AMSLEY -------------------------------pjL;;;tfff----- In the Court 01 Common Plea 01 Cumberland County, Pmnsyh~ ---------------------------------------------- V5. N,). 2003-02276 Civil. __~_l~_~~_~JJiH._~D~________________________ CATHLEEN D. RARAIGH, ------------------------------n;~e;d~t~---- Judgment Note .....--------------...-----...----...... ------- ---------- ------------ ------- - -- ------------------ -----..- Dear Sir or Madam, -.. .-- ------..----...-------------------...--------- ------------...--. ..... -... - ..------...--...------------- Please mark the above captioned raatter "satisfied in full". Thank you. ....--...---...--------------------------------...---------...----------------------------------------- -...---...---------------------- ..._---------------------------------------------------~-------------- ._--------------~-------------------------------------------------------------------------------- -----------...----------.. ---..---------------- ---------- --- -..-..- - ---- --- ------- ----- -- -----...-- ---------------..----..----...... --------------------...------.. .---.......-----....----. -- ...-------------- Curtis Long 1ro _._____________________-._________________ _ d~~zf_:z. OQi?:__________________ ~~\\ -----~' Su an J. Hartman /! lj Prothonotary /'1 --------~~- No. ______________________ Term, 19____~~ --------------------------------------~~= \/I, -----------------------.--------.------== PRAECIPE Filed ___________________________ 19_____0. ---------------------------------., Atty.