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Home My WebLink About08-041808- 418 CwttTe m J JUDGMENT NOTE $45,000.00 January t e , 2008 I, the undersigned Maker, hereby acknowledge that I am indebted to Paul Ruth and Lillian Ruth ("Payees"), for the sum of Forty-Five Thousand Dollars ($45,000.00), for money paid either directly or indirectly to me, or for my benefit. I hereby acknowledge that by signing this Note, I am authorizing the Payees to record this Note as a valid judgment against me. Notwithstanding anything to the contrary hereinabove provided, no execution on any judgment entered hereon shall be issued except and only after default in payment in full on the date on which settlement for the sale of the real property currently titled in my name, or to be titled in my name upon my divorce from Michael Millikan, which is located at 56 Hellam Drive, Mech icsbu r9 PA Upper Allen Township, Cumberland County, Pennsylvania, shall occur, or ninety (90) days from the date of execution of this Note, whichever shall first occur. Payment shall be made at 1113 * 17055 Charles Street, Mechanicsburg, Cumberland County, Pennsylvania. Upon any default as defined above, Payees shall have the unconditional right to declare the entire unpaid balance of the Principal Sum due and payable in full, together with interest thereon, and proceed with execution as authorized above. The affidavit of an official of the Payees averring the default shall be sufficient to issue a Writ of Execution as authorized above. IN EXECUTING THIS 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 THIS NOTE IN THE EVENT OF DAFAULT, AND DO HEREBY CONSENT TO THE ENTRY OF JUDGMENT BY CONFESSION AS ABOVE PROVIDED AND AUTHORIZED. ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" IS AN EXPLANATION OF RIGHTS Q -h 0. _ 3? ? 0 N 1 ?_' ?? N WHICH I HAVE READ AND HAVE HAD THE OPPORTUNITY TO DISCUSS WITH AN ATTORNEY. I HEREBY CHOOSE NOT TO SEEK THE ADVICE OF AN ATTORNEY BECAUSE I UNDERSTAND THE EXPLANATION OF MY RIGHTS AND AM IN AGREEMENT THAT JUDGMENT MAY FORTHWITH BE ENTERED AGAINST ME, PROVIDED; HOWEVER, THAT EXECUTION ON THIS JUDGMENT WILL NOT LIE UNTIL AND UNLESS I AM IN DEFAULT. 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. F WITNESS BARBARA MILLI N COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) ss. On this, the -9A- day of January, 2008, before me, the undersigned officer, personally appeared Barbara Millikan, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. C TOF P NNCVi A INotarial Seal Joette 1. Mc?i~, Notary Public ecAeracsb" 80%, Aimbe & d COUr r 'AY Commission Expires Jul 6, 2010 EXPLANATION OF RIGHTS (Full Confession) A. I clearly and specifically understand that by signing the above Judgment Note dated January 11 2008, in the amount of $45,000.00 payable to Paul Ruth and Lillian Ruth which contains a Confession of Judgment clause: 1. I am authorizing Paul Ruth and Lillian Ruth, or the survivor of them, or their designee, 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 Paul Ruth and Lillian Ruth, or the survivor of them, or their designee, 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. EXHIBIT "A" B. I know and understand that it is the Confession of Judgment clause in the above- described 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 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 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: t , BARBARA MILLIKAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this, the 110 day of January, 2008, before me, the undersigned officer, personally appeared Barbara Mi ll ikan, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. M N Notarial Seal Joatte 1.; won, Notary public 18ch" 900, CW(6&'WW County M Commission E 9 July 6, 2010 c :? T7 W O - Co D - -; C 7 ti? ZO y c a ` A Paul Ruth and Lillian Ruth, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs. No. 08-418 Barbara Millikan, Civil Action - Law Defendant PRAECIPE TO ENTER JUDGMENT AS LIS PENDENS TO THE PROTHONOTARY: Kindly enter the Judgment previously entered at the above-captioned term and number as a Lis Pendens against the property known as: 56 Hellam Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055. Attached hereto and marked Exhibit "A" is the legal description for the above-referenced property. Respectfully submitted, R. Mark Thomas, Esquire Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to-wit: BEGINNING at a point on the westerly line of Hellam Drive at the northern extremity of he arc or curve having a radius of 20 feet connecting said westerly line of Hellam Drive with the' northerly line of Glendale Drive; thence southwardly along said arc or curve to the right, an arc distance of 33.8 feet, more or less, to a point on the northerly line of Glendale Drive; thence South 70 degrees 03 minutes West along said line 93.82 feet to a point; thence by the easterly line of Lot No. 12, Section E on the hereinafter mentioned plan North 19 degrees 57 minutes West 125 feet to a point; thence by the line of other lands now or late of Worthington Land' Company North 70 degrees 03 minutes East 101.14 feet to a point on the westerly line of Hellam Drive; thence by the latter line South 26 degrees 55 minutes East 103.34 feet to the place of BEGINNING. BEING Lot No. 11 in Section E as shown on Plan No. 2 of Kimberley Meadows, said plan being recorded in Plan Book 16, Page 3, Cumberland County records. HAVING thereon erected 'a two story brick and aluminum siding dwelling with attached garage known and numbered as 56 Hellam Drive. BEING the same premises which John F. Flavin, Jr., and Elizabeth S. Flavin, husband and wife, by deed dated June 8, 2005, and recorded on July 5, 2005, in the Cumberland County Recorder's Office in Deed Book 269, Page 3556, granted and conveyed unto Michael P. Millikan and Barbara Millikan, husband and wife, Grantors herein. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. EXHIBIT "B" d-- RI OF THE !' ;;:n??1??`oRY 2009 SEP 21 EM 2• J 9 ?rry /-/,, o?'ood , 4 3,0 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 MRC Receivables Corporation as Assignee of Household- Orchard Bank VS. CHRISTINE GRAY and Sovereign Bank Garnishee F(LC:C t j-- rIp TN' f} h r;rRY 2030916 2010 AP1 12 PI1 2: 09 CUNT 4J?q COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-418 PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Sovereign Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. W NBERG ESQUIRE JOEL M. FLINK, RE PO11 Attorney for Plaintiff f8.oo Pa, RTIy ?'' 11(047 x40318