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Home My WebLink About99-06502_.. _ ..? ?. •."•. _.?.?-?`..?.`?......+..^.r' ??{j`_. -fir 4 t No. 99- 450D,7 Civil Term VS. Court of common Pleas Cumb. Co. . 1,4; t? i 1 1 1 1 ?, CUMBERLAND.VALLEY.SCNOOL DISTRICTS ...... Plaintiff ................................................ VS. JASON D. ISETT, ................................................ Defendant ................................................ In the Court of Common Pleas of Cumberland County, Pennsylvania No.. ?9.....? r7.a rat.......... Civil. 19...... ................................................ ................................................ TO.?N .P1i4?1f44?oT.ARX ................................................................................ Kindly file the Promissory Judgment Note dated October 25, 1999 between ....................................................................................................... the parties to this action. !.certify that the Defendant's, address is a matter ............................................. ..... of record inthe case docketed to No. 99-3943 Civil Term in the Court of Common ....................................................................................................... Pleas of Cumberland County, Pennsylvania as follows: ....................................................................................................... Jason D. Isett .............................................4513:A .Glnden.Avenue................................... Mechanicsburg, PA 17055. ....................................................................................................... To ............................................. ................................................ Dated: October 26, 1999 Prothonotary 1_ ....................... Q4 ... 4. Snelbaker, Brenneman 6 Spare, P.C. Attorney for Plaintiff. Cumberland Valley School District ? mar 't $51129.00 October ,p S 1999 , In the installments hereinafter set forth, It the undersigned Maker, hereby promise to pay to CUMBERLAND VALLEY SCHOOL DISTRICT ("Payee"), or its assigns, the sum of Five Thousand One Hundred Twenty-nine and no/100 ($5,129.00) Dollars, (the "Principal Sum"), without defalcation, value received, in installments as follows: (a) twenty-five (25) regular and consecutive monthly installments of Two Hundred and No/100 ($200.00) Dollars each on the tenth (10th) day of each and every calendar month, the first such installment to be due and payable on November 11, 1999; and (b) one (1) installment of One Hundred Twenty-nine and No/100 ($129.00) Dollars on the tenth (loth) day of the next succeeding month after the last installment due under (a) aforesaid; time being of the essence in all instances. And further, I do hereby authorize and empower the Prothonotary or any attorney of any court of record of Pennsylvania or elsewhere to appear for and enter judgment against me for the above principal sum, with costs of the action, with or without t?Yt =r; declaration or complaint, release of all errors, without stay of execution, and with fifteen per centum (15%) added for collection fees in the event of execution; and I also waive the right of t, be levied u a real estate which ma on to iti i i ' 1 p y s on on ny nqu • *X collect the obligations evidenced by this Note and I voluntarily r, condemn the same and authorize the Prothonotary to enter said voluntary condemnation upon any Writ of Execution issued upon the judgment entered hereon; and I further agree that any property, real, personal or mixed, may be sold on, through and by any Writ of Execution issued upon the judgment entered hereon, and further waive and release all relief from any and all appraisement, stay or exemption laws of any State now in force or hereafter enacted. Notwithstanding anything to the contrary hereinabove provided, no execution on any judgment entered hereon shall be issued except and only after default in payment of any installments hereinabove provided. "Default" shall mean failure to deliver payment to the Payee at its office at 6746 Carlisle Pike, Mechanicsburg (Silver Spring Township), Cumberland County, Pennsylvania 17055 on the date thereof ("to deliver" includes receipt by Payee on said due date), except only when the due date (10th of the calendar month) falls on Saturday, Sunday or a state or federal business holiday observed by Payee, in which latter events said payment shall be delivered (and received) on the next business day following the said tenth day of the calendar month. Upon any default as defined above, Payee shall have the unconditional right to declare the entire unpaid balance of the Principal Sum due and payable in full, together with interest' thereon from the date of default at the rate of six per centum (6%) per annum, and proceed with execution as authorized above. The affidavit of an official of the Payee averring the default shall be sufficient to issue a Writ of Execution as authorized above. -2- WAIVER IN EXECUTING THIS PROMISSORY JUDGMENT NOTE, I DECLARE THAT I UNDERSTAND THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVE MY RIGHTS TO CONTEST THE ENTRY OF JUDGMENT AGAINST ME ON AND UNDER SAID NOTE, AND DO HEREBY CONSENT TO THE ENTRY OF JUDGMENT BY CONFESSION AS ABOVE PROVIDED AND AUTHORIZED. IN WITNESS WHEREOF, I, the undersigned Maker have hereunto set my hand and seal the day and year first written above intending to be legally bound hereby. WITN SSED ECG! 't?YxNJ (SEAL) JCQYr D. Isett (SEAL) (SEAL) (SEAL) -3- EXPLANATION OF RIGHTS (Full Confession) A. I clearly and specifically understand that by signing the above Promissory Judgment Note dated October , 1999 in the amount of $5,129.00 payable to Cumberland Valley School District which contains a Confession of Judgment clause: 1. I am authorizing Cumberland Valley School District, Plaintiff/Creditor to enter a judgment against me in its favor which will give the Plaintiff a lien upon any real estate which I may own, including my home and personal residence. 2. I give up the right to any notice or opportunity to be heard on the entry of said judgment on the record of the court; 3. I agree that Cumberland Valley School District, Plaintiff/Creditor can enter this judgment without any proof of non-payment 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, upon proof of default on my part; 5. I will be unable to challenge such judgment, should the Plaintiff enter it, except by a proceeding to open or strike the judgment; and that such a proceeding will result in attorney's fees and costs which I will have to pay. B. I know and understand that it is the Confession of Judgment clause in the above-described Promissory Judgment Note which gives Plaintiff the rights enumerated in sub-paragraphs 1 through 5 of paragraph A above. IF I DO NOT SIGN THE ABOVE PROMISSORY JUDGMENT 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 avoid the additional expense of attorney's fees and costs incident to opening or striking off a confessed judgment. C. Fully and completely understanding these rights which I have prior to signing the above-described Promissory Judgment Note and clearly aware that these rights will be given up, waived, relinquished and abandoned if I sign said Note, I nevertheless freely and voluntarily choose to sign said 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 in paragraph A above. WITNESSED BY: I HAVE READ THIS ENTIRE FORM AND I FULLY UNDERSTAND ITS CONTENTS: . ft me_ Jason D. Isett -2- T 14 LN, ?? G: INCL.. ` r1 U i u ,