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Home My WebLink About04-0172RETAINER DATE OF NOTE AMOUNT OF NOTE PLACE OF NOTE MAKER'S NAME MAKER'S ADDRESS HOLDER'S NAME HOLDER'S ADDRESS June 18, 2001 $5,000.oo CAMP HILL, PENNSYLVANIA STEPHANIE A. SHADE 345 Maple Lane, Carlisle, PA 17013 DIANE G. RADCLIFF, ESQUIRE 3448 TRINDLE ROAD CAMP HILL, PA 17011 FOR VALUE RECEIVED, and as a guaranty of, and security for, the payment of charges for legal services and costs to be rendered by HOLDER for MAKER pursuant to a certain fee agreement entered into this date between MAKER and HOLDER, STEPHANIE A. SHADE, (hereinafter referred to as "MAKER") hereby promise to pay to the order of DIANE G. RADCLIFF, ESQUIRE, her personal representatives, heirs and assigns (hereinafter referred to as the ~HOLDER") the principal sum of Five Thousand and 00/100 Dollars ($5,000.00), to be paid on demand after failure to pay any charges for legal services rendered or costs incurred within thirty days of the date of the issuance of a bill for such legal services charges and costs. The foregoing notwithstanding, it is understood that collection under or pursuant to this Note shall be limited to the actual amount due and payable to Holder as evidenced by the billing statements, together with any collection fees, costs and commissions as required and set forth in the Fee Agreement, and together with interest thereon at the rate of 1.5% per month from the date of default of the payment thereof and shall be without defalcation. Payment of the principal and interest due hereunder shall be made only in lawful money of the United States of America and in such places as may be designated in writing by Holder. There shall be no pre-payment penalty. MAKER shall have the right to prepay all of any part of the principal amount of this note and interest accrued thereon at any time or from time to time by paying such principal and interest amount or any part thereof without the payment of any premium or any penalties. The MAKER shall be in default if the MAKER fail to make the payment of principal and interest when the same shall become due and payable, without presentment or demand, notice of protest or other notice of dishonor of any kind, all of which are expressly waived by MAKER. In the event of said default, the entire principal balance and accrued interest, limited to the fees and charges then outstanding, together within interest thereon as herein provided, shall become immediately due and payable and MAKER shall be required to pay said entire principal balance together with interest thereon at the rate of one and one-half (1.5%) percent per annum from the date of default until paid in full and further together with any reasonable attorneys fees and costs incurred by MAKER in the collection of said principal sum and the default interest provided for herein. The MAKER hereby empowers and authorizes, without power of revocation, and without the requirement of an occurrence of an event of default, the Prothonotary or any attorney of any court of record within the United MAKER, his successors or without declaration filed, States or elsewhere ko appear for the assigns, in any such court, with or to waive process and service thereof and to confess judgment in favor of the HOLDER of this Note in the amount of this Note, together with all costs of suits and reasonable attorney's commission, (defined as the greater of $500.00 or 20% of the amount of this Note, which commission shall apply and be due and payable even if Holder acts in the capacity as the attorney for purposes of collection) with release of all errors and rights to appeal which may intervene in any such proceeding and to consent to the immediate execution upon such judgment, an inquisition and extension upon any levy upon real estate are hereby waived and condemnation agreed to, and the exemption of personal property from levy and sale on any execution hereon is also herein expressly waived, and no benefit of exemption shall be claimed under or by virtue of any exemption laws now in force or which may hereafter be enacted, the MAKER expressly ratifying and confirming all that said attorney may do by virtue hereof. The foregoing notwithstanding, no attorney's commission shall be payable unless MAKER default in the payment of the sums due hereunder. This Note shall bind the MAKER, his or her successors assigns and the benefits hereto shall enure to the HOLDER, heirs, personal representatives, successors and assigns. and her IN WITNESS WHEREOF, and intending to be legally bound hereby the undersigned has caused this Note to be executed the day and year firs~ above written. STEPHANIE A. SHADE, MAKER SS # 210-54-5727 DATE: ~/~ _c~ ~/~c/d3/ to DIANE G. RA. DCLIFF, ESQUIRE, Judgment" clause. Initials Judgment clause provides for the 1. EXPLANATION OF RIGHTS AND DISCLOSURE FOR CONFESSION OF JUDGMENT I/We clearly and specifically understand that by signing a Note of even date herewith in the amount of $5,000.00 payable which contains a "Confession of That Confession of following: I/We will authorize HOLDER to enter Judgment against me/us in favor of Holder at the Courthouse upon default, which will give Holder a lien upon any real estate which I/we may own, including my/our own home. InitialsS_~__ Bo 5 o I/We have I/We will give up the right to any notice or opportunity to be heard prior to the entry of the judgment on the records of the court. Initials ~ I/We will agree that Holder can enter judgement without any proof of non-payment or proof of other default on my/our part. Initials~.~, I/We will subject all of my/our property, both personal property and real estate, to execution (and sheriff's sale), pursuant to this judgment, prior to proof of non- pay!n_ent or proof of other default on my part. Initials I/We will be unable to challenge this judgment, should any Holder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in attorneys fees and costs which I/we will have to pay. Initials .~,~. I/We know and understand that it is the Confession of Judgement clause w~ic,~gives Holder the rights enumerated above. Initials fully and completely understand these rights which I/we received prior to signing the above described Note and Co are clearly aware that these rights will be given up, waived, relinquished and abandoned if I/we sign the Note. Nevertheless, I/we freely, knowingly, understandingly, and voluntarily choose to sign the Note, my/our intention being to give up, waive, relinquish and abandon my/our known rights (as described in herein) and subject myself/ourselves to the circumstances described immediately above. Initials: ~'~. I/We certify that my/our income, or conjugal (husband-wife) income with both spouses executing this document, is at least Ten Thousand ($10,000.00) Dollars annually and that any blanks in this Disclosure were filled in and completed at the time I initialed and signed it and that I received a copy at the time of signing. Initials 210-54-5727 DATE: ( SEAL ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE G. RADCLIFF, : Plaintiff : V. : STEPHANIE A. SHADE, : Defendant : NO. 04-172 CIVIL TERM CIVIL ACTION - LAW PP~ECIPE TO VAC2~TE/STRIKE JUDGMENT TO THE PROTHONOTARY OF THE SAID CO~RT: Please vacate/strike the judgment entered on January 13, in the above captioned matter. 2004 Respectfully submitted, ~ ~448_~.~ndle Road C~m~ill, PA 17011 PHONE: (717) 737-0100 Fax: (717) 975-0697 I.D. No. 32112