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HomeMy WebLinkAbout08-4274 o e -,V 7q `JUDGMENT NOTE AMOUNT: $50,000.00 DATE: June 20, 2007 1580 RITNER HIGHWAY LODGING, INC., of 1580 Ritner Highway, Carlisle, Pennsylvania 17013; and NICHOLAS GIAMBILIS and AM?E]61t4- of 7 Graham Road, Ne ville, Pe }ylvania 17241; and ?1 L u? rev/?9?' Gf?vu•?6???s- .?a??o?• ?%??o? •?? CO NS ANTINOS .- MALLIOS , married ma of 715 Sandbank Roa , Mount Holly Springs, Pennsylvania 17065 (hereinafter collectively and separately referred to as "Debtor"), after December 20, 2007, does promise to pay to the order of BARBARA J WISER, married woman, of 1104 Pine Road, Carlisle, Pennsylvania 17015, FIFTY THOUSAND ($50,000.00) DOLLARS, without defalcation, for value received, and with interest from June 20, 2007, at the rate of Seven (7%) per cent, per annum. And further DEBTOR does hereby authorize and empower any Attorney of any Court of Record in Pennsylvania, or elsewhere, to appear for and to enter Judgment against DEBTOR for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution, and with five per cent, added for collecting fees; and DEBTOR also waives the right of inquisition on any real estate that may be levied upon to collect this note, and does hereby voluntarily condemn the same and authorize the Prothonotary to enter upon the Fl. FA. DEBTOR's said voluntary condemnation, and DEBTOR further agrees said estate may be sold on a FI. FA., and does hereby waive and release all relief from any and all appraisement, stay or exemption laws of any State, now in force, or hereafter to be passed. 4 THE DEBTO r QS/.s, ?.r 1580 Ritner Highway Lodging, Inc., Nicholas Giambilis, a .OF 6i:9?,awng4?i/?- .v?r.? ??s?'- T.es .Ala and Constantinos J. Mallios, shall be joi t y and severaliT bligated for all amounts due pursuant to this Note,, A?l Debtor may pay, in whole or in part, any amount of principal at any time without penalty. f. , ., The Parties acknowledge that this Note is given in conjunction with a commercial transaction. 1580 RITNER HIGHWAY LODGING, INC. c By .Q_ (SEAL) (SEAL) N HO LAS GIAM S (SEAL) CO INOS J. LLIOS Pfi??tyf' s' Y.s?ist?o?4:1? /66 Y it?i?l?r? LVIP-Ile-, 1 do hereby certify that the precise residence and complete post office address of the within named Mortgagee is 1104, Pine Road, Carlisle, Pennsylvania 17015. Stephen . Tiley, Esquire Attorney for Mortgagee ^ 0 J c 0 C= -n Z c? ? A BARBARA J. WISER, Plaintiff v. 1580 RITNER HIGHWAY LODGING, INC., . NICHOLAS GIAMBILIS, NICHOLAS GIACOUMOPOULOS, PANAYIOTIS TSIRIGOTIS, CONSTANTINOS J. MALLIOS, Defendants, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA n. NO.2008-1.21/ PURSUANT TO RULE 2951(a)(2)(II) & 2951(a)(2)(iii) On July / d , 2008, before me, a notary public for the Commonwealth of Pennsylvania, personally appeared Stephen D. Tiley, Esquire, who being duly sworn according to law, and intending to be legally bound, deposes and says that the following statements are true and correct to the best of his knowledge, information and belief: 1. This Affidavit is given pursuant to Pa. R.C.P. 2951(a)(2)(ii) and is in support of the Confession of Judgment of a certain Judgment Note dated June 20, 2007, in the original principal amount of $50,000.00, from the above captioned Defendants, and in favor the above captioned Plaintiff, a copy of which is attached hereto as Exhibit "A." 2. The Confession of Judgment of the said Judgment Note dated June 20, 2007 is not being entered in connection with a consumer credit transaction, but rather is entered in connection with a commercial transaction. 3. Pursuant to Pa. R.C.P. 2951(a)(2)(iii) I certify that the precise residences and complete post office addresses of the Defendants are as set forth on the Judgment Note, a copy of which is attached hereto as Exhibit "A," Affidavit Page 1 of 2 M 4. Pursuant to Pa. R.C.P. 295 1 (a)(2)(iii) I certify that the precise residence and complete post office address of the Plaintiff is as set forth in said Judgment Note, a copy of which is attached hereto as Exhibit "A. ??16? acz? Respectfully submitted, Frey and Tiley 5 South Hanover Street Carlisle, PA 17013 Tel. No. (717) 243-5838 Sup. Ct. ID #32318 Step en D. iley, Esquire Sworn and subscribed before me the date and year aforesaid. NOTARIAL SEAL ?t TRISHA A. UESS, Notary Public Borough of Carlisle, Cumb. County, PA My Commission Expires May 20, 2010 Affidavit Page 2 of 2 jLi1)G iE[\11 T NOTE AN40UNT: $50,000.00 DATE: June 20, 2007 1'580 RITNER HIGHWAY LODGING, INC., of 1580 Ritner Highway, Carlisle, Pennsylvania 17013; and NICHOLAS GIAMBILIS and :4#IE-L? of 7 Graham Road, NewviIle Pe Sylvania 17241; and CONSTANTINOS J. MALLIOS, married mah of 715 anbank Road,mount Mount Hollq? Springs, Pennsylvania 17065 (hereinafter collectively and separately referred to as ?'. "Debtor"), after December 20, 2007, does promise to to the pay order of BARBARA J,! F ? WISER, married woman, of 1104 Pine Road, Carlisle, Pennsylvania 17015, FIFTY THOUSAND ($50,000.00) DOLLARS, . without defalcation, for value received, and with interest from June 20, 2007, at the rate of Seven (7%) per cent, per annum. And further DEBTOR does hereby authorize and empower any Attorney of any Court of Record in Pennsylvania, or elsewhere, to appear for and to enter Judgment against DEBTOR for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution, and with five per cent, added for collecting fees; and DEBTOR also waives the right of inquisition on any real estate that may be levied upon to collect this note, and does hereby voluntarily condemn the same and authorize the Prothonotary to enter upon the fl. FA. DEBTOR's said voluntary condemnation, and DEBTOR further agrees said estate may be sold on a FI. FA., and does hereby waive and, release all relief from any and all appraisement, stay or exemption laws of any State, now in force, or hereafter to be passed. THE DEBTORS, 1550 Ritner Highway Lodging Inc. Nicholas Giambilis and " ?6cC +MYe?c"^ ? CF b ? ? ? ? , and Constantinos J. Mallios, shall be jointly anif severally obligated for all amounts due pursuant to this Note;„?? Debtor may pay, in whole or in part, any amount of principal at any time without penalty. The Parties acknowledge that this Note is given in conjunction with a commercial transaction. 1580 RITNER HIGHWAY LODGING, INC. r P By (SEAL) N CHOLAS GIAM IS (SEAL) (SEAL) ' (SEAL) CONSTTINOS J. LIDS 7 -T I do hereby certify that the precise residence and complete post office address of the within named Mortgagee is 1104 Pine Road, Carlisle, Pennsylvania 17015. Stephen . Tiley, Esquire Attorney for Mortgagee EuoW-W 0 C: ZZI C= C= c- r r .-j rn r c U G ed ?, 00 y U •x ? r..., cd .? Mr. Constantinos J. Mallios 715 Sandbank Road Mount Holly Springs, PA 17o65 Mr. Panayiotis Tsirigotis 1664 Promise Lane Macungie, PA 18o62 i o 'tnerLi hwa LodinInc. 5 g T y g' g, i58o Ritner Highway Carlisle, PA 17013 '' Mr. Nicholas Giambilis 7 Graham Road Newville, PA 17241 BARBARA J. WISER, Plaintiff v. 1580 RITNER HIGHWAY LODGING, INC., NICHOLAS GIAMBILIS, NICHOLAS GIACOUMOPOULOS, PANAYIOTIS TSIRIGOTIS, CONSTANTINOS J. MALLIOS, Defendants, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2008 - 4274 Civil Term PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter satisfied of record upon payment of your costs only. Respectfully submitted, Stephen D. Tiley, Esquire Frey and Tiley Attorneys for Plaintiff 5 South Hanover Street Carlisle, PA 17013 Tel. No. (717) 243-5838 Sup. Ct. ID #32318 Tim m? '' 00