HomeMy WebLinkAbout01-6058 SALZMANN, DEPAULIS,
FISHMAN & MORGENTHAL, P.C.
95 ALEXANDER SPRING ROAD, SUITE 3 · CARLISLE, PA 17013
(717)2~0-~:i:1~ F~X (717~ ;~49-7334
~ 455 PHOENIX DmVE · SUI~ A * CHAMBERSBURG, PA 17201
(717) 263-2121 F~o~(717) 263-0663 ~
$47,900.00 T~,o. or- 60.5-~ October 18,2001
NOTE
JIM MOSEMANN ("BORROWER") hereby promises to pay to DONALD E. DIEHL
and RAYMOND E. DIEHL ("HOLDER"), of Carlisle, Cumberland County, Pennsylvania their heirs
and/or assigns, FORTY-SEVEN THOUSAND NINE HUNDRED ($47,900.00) Dollars without interest,
on or before October 18, 2002 (one year from the date of this Note) or at the time of settlement or sale of
Lot 11 of Yorkfield, South Middleton Township, Cumberland County, Pennsylvania. Notice, demand,
presentment, or protest is expressly waived by Borrower. Borrower shall have the right to prepay all or
any part of the principal amount of this Note at any time or from time to time without premium or
penalty. In addition, in the event of the default in the payment due hereunder, Borrower does 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 Borrower for the above sum, with or without
declaration, with costs of suit, release of errors, without stay of execution, and with 15 percent added for
collection fees; and Borrower hereby agrees not to make any motion or any application whatsoever to
any Court for an inquisition on any real estate that may be levied upon to collect the aforesaid sum, and
Borrower voluntarily condemns same, and authorize the Prothonotary to enter said voluntmy
condemnation upon the Writ of Execution. Borrower further agrees that any property, real personal or
mixed may be sold through a Writ of Execution and further hereby waives and releases all relief from any
and all appraisements, stay or exemption of any State now in force or which are passed hereafter. NO
SiNGLE EXERCISE OF THE FOREGOiNG POWER TO CONFESS JUDGMENT SHALL BE
DEEMED TO EXHAUST THE POWER WHETHER OR NOT ANY SUCH EXERCISE SHALL BE
HELD BY ANY COURT TO BE VALID, VOIDABLE, OR VOID, BUT THE POWER SHALL
CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN
AS THE HOLDER HEREOF SHALL ELECT, UNTIL SUCH TIME AS THE HOLDER HEREOF
SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNTS OWiNG HEREUNDER,
TOGETHER WITH COSTS.
,/ WAIVER
iN EXECUTiNG THig NOTE, BORROWER UNDERSTANDS THE TRANSACTION,
AND KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO CONTEST THE ENTRY OF
THIS JUDGMENT AGAINST BORROWER 1N COURT AND DOES HEREBY CONSENT TO THE
ENTRY OF THE JUDGMENT BY CONFESSION. BORROWER HEREBY CERTIFIES THAT HE
HAS EARNINGS OF $10,000.00 OR MORE PER YEAR.
Witness my hand and seal the day and year first above written.
Witness:
fi(n Mosemann
Donald and Raymond Diehl
4 East High Street
Carlisle, PA 17013
Jim ~bsemann
158 Grahams Woods Road
Carlisle, PA 17013
P:\steve\civil litigation\Praecipe to settle in Davis.doc
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD E. DIEHL and
RAYMOND E. DIEHL,
Plaintiffs
VS.
JIM MOSEMANN,
Defendant
CIVIL ACTION--LAW
NO. 01-6058 CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please satisfy the Judgement in the above captioned matter.
Date: September 12, 2002
Steven J. Fishman, Esquire
I.D. #16269
Salzmann, DePaulis & Fishman, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333