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Home My WebLink About03-4459JUDC~ENT NOTE YORK, PA DATE: SEPTEMBER 2, 2003 "~ FOR VALUE RECEIVED, we, the undersigned, promise to pay to the order of JOHN H. MYERS & SON, INC. , with interest at the rate of PRIME + 4 (MIN. 10%) (P+4%, MIN 10%) percent per annum, the sum of FOUR DOLLARS AND 31/100 DOLLARS, on or before DF/4AND interest at the rate of P+4, TWENTY EIGHT THOUSAND SIX HUNDRED THIRTY ($28,634.31) We also agree to pay MIN 10' after the entry of the judgment and/or the institution of any collection proceedings. If this Note is placed in the hands of an Attorney for collections, we agree to pay as a reasonable Attorney's fee Ten (10%) percent of the amount due and owing on this defaulted Note. In the event of default, to secure payment of this Note we will hereby authorize, irrevocably, the Prothonotary, Clerk of Court, or any Attorney of any Court of Record to appear for us in such Court, at any time before of after Maturity and confess a Judgment against us in favor of any holder of this Note without the filing of an Averment of Default, with release of errors, without stay of execution, and for such amount as may appear to be unpaid thereon, together with charges, Attorney's fees, and costs as herein provided, and we hereby waive and release any and all benefits and relief from any and all appraisement, stay, or exemption laws of any State, now in force or hereafter passed. WITNESS the hand(s) and seal (s) of the undersigned. ~L~L ~~ ~NE~ 7 a__~ (SEAL, Page 1 EXPLANATION OF RIGHTS IN CONNECTION WITH SIGNING OF INSTRUMENT CONTAINING CONFESSION OF JUDGMENT AS REQUIRED BY OPINION OF SUPREME COURT OF THE UNITED STATES RE: NOTE IN FAVOR OF JOHN H. MYERS & SON, INC. A~ND AGAINST THE UNDERSIGNED, DATED: SEPTEMBER 02, 2003 The undersigned certify that the income of the undersigned, conjugal (husband-wife) income with both spouses executing the document, is at least $1O,000.O0 annual~/ly ~/ ~/~.~ Affirmed to and subscribed before me this c~ day ~---- ----- ---'-- KELLY M. KENES o% ,2003 My commission expires CONTAINING A CONFESSION OF JUDGMENT. AMOUNT: $ 28,634.31 or (SEAL) (SEAL) Notarial Seal Louise Sponseller, Notary Public West Manchester Twp., York County M~ Commission Expires Jan, 12, 2004 I/~ll~l~lr, Pennsylvania Association of NOtm'ISS Page 2 'The undersigned clearly and specifically understand that by signing the note above referred to, containing a confession of judgment clause: 1. We and each of us authorize JOHN H. MYERS & SON, INC. to enter a judgment against the undersigned, or either si us, at its discretion and in its favor in the event of default for non-payment, which entry will give the holder a lien as security for paymentupon the real property (including the home) owned by the undersigned at the time of entry, and a lien on personal property owned by the undersigned at the time it is given to the Sheriff for execution. 2. We and each of us waive all right to notice and to have an opportunity to be heard prior to the entry of the judgment on the Court records, understanding that the only method to challenge this judgment would be by proceedings in Court to open or strike which proceedings would result in substantial attorneys fees which the undersigned would have to pay. (Without such clause containing a Confession of Judgment the holder would have to file suit against the undersigned which would give the undersigned an opportunity for a hearing which the undersigned does not have by reason of the confession.) The undersigned acknowledge receipt of a copy of this affidavit and certify that after reading and fully understanding it, the undersigned have signed this affidavit intentionally, understandingly and voluntarily waiving all the above rights, being willing to sign such note despite the consequences set forth above. Affirmed to and subscribed before me this ~ day of ~¢p/~ro~ , 2003 -NOTARY PUBLIC (SEAL) (SEAL) My commission expires Notarial Seal I 1 9also Spot. oiler, Nota'7 P"Hi,~ West Manchester Twp., York ~. My Commission Expires Jan. 12, ~ Memtmr, Pennsylvania AssOciation of No~m~,~ Page 3 OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY PROTHONOTARY TELEPHONE (717)240-6195 CUMBERLAND COUNTY COURT HOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF: $olm H. Myers & Son,/nc. VerslL~ DEFENDANT: Adin Seth Kenes and Kelly M. Kenes JUDGMENT NO. CERTIFICATE OF RESIDENCE PA R. C. P. 236 I, hereby certify that the precise residence of Plaintiff is: 2200 Monroe Street, P. O. Box 1924, York, PA 17405 and certify that the last known address of the within Defendant is: III, ES QUIRE No. 38508 Attorney for Plaintiff EVELER & EVELER 101 South Duke Street York, PA 17403 (717) 845-2757 ---- UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KENES, ADIN S. & KELLY M. : Debtor/Movant CASE NO. 1-04-00407 CHAPTER 7 JOHN H. MYERS & SON Creditor/Respondent IF:~~~ , ~'ii\i1RIS:'::UHG FA ---- .. --l , {~ k..~__._. QRDER C'e-I" l' S B~""-hl:""' Jr't~':1 Court L__~_~.:~."~_~~~,._.'-' I, - '- '-"\".f r- AND NOW this .3tS-'-- day of (4l,~J- , 2004, the Debtors' Motion to Avoid Lien held by John H. Myers & Son is granted. The Cumberland County Prothonotary lS ordered and directed to strike/remove the lien in favor of John H. Myers & Son, docketed at 2003-04459 in th(' amount of $28,634.31 against Adin & Kelly Kenes filed September 10, 2003. BY THE COUnT: . /tl! MARY O. FRANCE ,Judge Distribution: THOMAS D. GOULD, ESQUIRE 2 E. MAIN ST., ;5HIREJ"'JI.NSTOWN, PA 17011 OFFICE OF U.S. TRUSTEE, 228 WALNUT ST, HARRISBUiZG, PA 17108-0969 STEVEN H. CARE, TEUSTEE, 119 E. Vw.RKET ST., YORI\, PA 17401 ,JOHN H. HYl-~ES & SON, 2200 MONROE ST.,P.O. POZ 1924, YORK, Pi",1740'1 -n :1 rn ;'::,\.:) , <..>) C'.) C"..'i -