HomeMy WebLinkAbout03-2304
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NOTE
May 13, 2003
03- f)2{)I./ {t7"O
$49,000.00
MARK L. LUDT and JEAN L. LUDT, husband and wife, ("BORROWER"), of
Carlisle, Cumberland County, Pennsylvania, hereby promises to pay to D & S CUSTOM HOMES
("HOLDER"), of Carlisle, Cumberland County, Pennsylvania their successors and/or assigns,
FORTY-NINE THOUSAND ($49,000.00) Dollars without interest, on or before May 13,2004 or
upon the occurrence of final settlement of property to be built on Lot # 10 1 of Callapatscink,
Dickinson 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 voluntary
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 MAYBE 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 THIS NOTE, BORROWER UNDERSTANDS THE
TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO
CONTEST THE ENTRY OF THIS JUDGMENT AGAINST BORROWER IN 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:
Witness my hand and seal the day and year first above written.
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Salzmann Hughes, PC
BY: James D. Hughes, Esquire
Attorney l.D. No. 58884
95 Alexander Spring Road, Ste. 3, Carlisle, PA 17013
(717) 249-6333
D & S CUSTOM HOMES
Plaintiff
vs.
MARK L. LUDT AND JEAN L. LUDT,
Defendant
Attorney for Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
PENNSYL VANIA
NO. 2003 2304
JUDGMENT NOTE
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Please satisfy the Judgment that was entered against the Defendant in the above
captioned matter.
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/BY:
L
Dated: 11/23/05
Document #: 2/8597./
Respectfully submitted,
, s . Hughe, qUire
1,0' # 58884
95 Alexander Spring Road
Carlisle, PA 17013
717-249-6333
Attorney for Plaintiff
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