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Home My WebLink About99-06739 No. gq G?3?i Civil Term aL . 'U Q? Yi• ??// Court of Common Pleas Cumb. Co. CI 1 b i _____fUNARD P__KI;SSLIiK _mul -- - ----- In the Court of Common Pkzs of Irby- C. Kl - ---, Cumberland County, Pennsylvania P[aintiffs vs. No. ----22-6-739 ---------- Civil, 19 _.KINNETH I__ HITTINY f[ and ------------------- --------..-. •_• DKHIIItAII L. BITTING, Judgment note -------------------- -------------_--•_ Defendants ------------ ------------- - ------------------------------------------------------- TO the Prothonotary: - --------- ------------------------------ I'lellso mark the above captioned matter paid in full and satisfied. ------------------- ,:*bank you. ------------------------ - ------ ------- Curt Long To ----------- -------- --_--------- ??__--- Prothonotary May 12 Tdilliam A. Duncan Attcmey for Plaintiff. 'ro- --------------------- Term, I9------ r:.__ ., ---------------------------------- vs is ---- - ----------------------------------- PRAECIPE Filed --------------------------- ----------------------------------, Atty. EDWARD RUTH C. Husband V9. KENNETH DEBORAH Husband . KESSLER and KESSLER, and Wife, Plaintiffs E. BITTING, II and L. BITTING, and Wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. e?ld In Confession of Judgment PRAECIPE FOR ENTRY OF JUDGMENT Please enter judgment in favor of the Plaintiffs, Edward F. Kessler and Ruth C. Kessler, husband and wife, and against the Defendants, Kenneth E. Bitting, II and Deborah L. Bitting, husband and wife, in the principal sum of $28,000 together with interest, costs and attorney fees as provided in the attached instrument. ?-"William A. Duncan, Esgqr?? Duncan and Hartman PC Attorney I.D. ## 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 Attorney for Defendants Kenneth E. Bitting, II and Deborah L. Bitting J r. I? i! ?_ ??, ?,_ c:,. r_' .: i, - ..??? ?,.?_.__..W....J. • z PROMISSORY NOTE $ 28.000.00 Date: November 5. 1999 Carlisle. PA 17013 FOR VALUE RECEIVED, the undersigned, Kenneth E. Bitting, II and Deborah L. Bitting, husband and wife, (hereinafter referred to as Debtors), jointly and severally, promise to pay to the order of Edward F. Kessler and Ruth C. Kessler, husband and wife, their heirs and assigns, the principal sum of Twenty-eight ($28,000.00) Dollars at seven (7%) percent interest per annum. The said principal and interest shall be payable at 42 Tunbridge Lane, Carlisle, Pennsylvania 17013 or at such other place as the Holder may designate in writing delivered or mailed to Debtors in equal monthly installments of Two Hundred Seventeen Dollars and 08/100 ($217.06) Dollars, commencing on the 5th day of December, 1999, and payable on the 5th day of each and every month thereafter until fully paid except that, if not sooner paid, the entire indebtedness shall be due and payable on or before one (1) year from the date hereof, or upon the sale of all that certain real estate known and numbered as 570 Ridge Road, Lewisberry, PA, whichever shall first occur. Payments shall be deemed made on the date of mailing. In the event Debtors shall fail to make payment of any installment required herein on or before its due date, Debtors agree to pay to the Holder a late charge of five (5%) percent of the amount of the required payment. The privilege is reserved to prepay at anytime, without premium or fee, the entire indebtedness or any part thereof. The undersigned waive presentment, protest and notice and the benefit of any homestead exemption as to this debt, and further agree to pay reasonable attorney fees should it become necessary to place this Note in the hands of an attorney for collection or to protect the interest of the holder hereof as provided in this Note. To secure payment of the amount herein set forth the Debtors do hereby authorize and empower any attorney of any court of record in Pennsylvania or elsewhere to appear for and to enter judgment against them in favor of any holder of this Promissory Note for the entire principal sum, with or without declaration, together with interest, late payment charges, costs of suit, release of errors, without stay of execution, and with fifteen (15%) percent added as a reasonable attorney fee, and do hereby waive and release all benefit and relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter to be passed, hereby ratifying and confirming that our said attorney may do so by virtue hereof. IN WITNESS WHEREOF, and intending to be legally bound hereby, the Debtors have executed this Note the day and year first above written. [SEAL] Kenneth E. Bitting, II ?_I. ?Q,-?[SEAL] Deborah' LJ.Bittin l witness: ?,. ?.`, ?; 1-- ?'. t"?? __ ? '.. ,?? 1? L ., C. ?. . tti??usn _._ _ 11 •!'S ItS^o93?_A?® DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS 5th DAY OF NOVEMBER, 1999 A PROMISSORY NOTE IN THE AMOUNT OF $ 28,000.00 A. I UNDERSTAND THAT THE PROMISSORY NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT THE HOLDER TO ENTER JUDGMENT AGAINST ME IN COURT WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE PROMISSORY NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT THE HOLDER MAY ASSERT AGAINST ME UNDER THE PROMISSORY NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO HOLDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: Dtj?. ift B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING HOLDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE PROMISSORY NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT HOLDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, HOLDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE PROMISSORY NOTE, BEING FULLY AWARE OF MY RIGHT TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO HOLDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS: D F0 Kenneth E. I i thrt II e o?T cah L. i3ithrV6 u F-1 EDWARD F. KESSLER and RUTH C. KESSLER, Husband and Wife, Plaintiffs VS. KENNETH E. BITTING, II and DEBORAH L. BITTING, Husband and Wife, Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. In Confession of Judgment SS AFFIDAVIT I, William A. Duncan, Esquire, being duly sworn according to law depose and state as follows: 1. The Judgment being entered on the attached instrument is not being entered against a natural person in connection with a consumer credit transaction; 2. The residence of the Plaintiffs is 42 Tunbridge Lane, Carlisle, PA 17013; 3. The residence of the Defendants is 155 Clemson Drive, Carlisle, PA 17013. By: William A. Duncan Duncan & Hartman P.C. 1 Irvine Row Carlisle, PA 17013 Attorney for Defendants Kenneth E. Bitting, II and Deborah L. Bitting Sworn and subscribed before me, this 5th day of November, 1999. i ??GLc?i7l ._e Notarial Seal Velda M. Sease, Notary Public Shippensburg Bore, Cumberland County My Gnmmisslon Expires Apr. 16, 2002 U?- CJ (1S l G.? 1:. F? U N ? tL