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HomeMy WebLinkAbout09-0900ORl6/NAL SIEGRIST, KOLLER, BRIGHTBILL, LONG AND FEEMAN THOMAS S. LONG, ESQUIRE Attorney I.D. No. 21237 315 South Eighth Street Lebanon, PA 17042 Telephone No.: (717) 272-6646 Fax No.: (717) 270-9687 tslong~a,skblfcom Attornev for Yale Electric Supply Co.. Inc. Plaintiff YALE ELECTRIC SUPPLY CO. INC., : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW RONALD M. MIXELL and JUDY E. MIXELL, his wife, : No. 0'R - q00 I~IV1~~Grw~ jointly, severally and t/a/d/b/a KERSTETTER ELECTRIC, INC., Defendants 110 Hoy load eQ.1'li~le, PA 1013 PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter judgment in favor of Plaintiff, Yale Electric Supply Company, Inc., and against Defendants, Ronald M. Mixell and Judy E. Mixell, his wife, jointly, severally, and t/a/d/b/a Kerstetter Electric, Inc., for the sum of One Hundred Seventy-nine Thousand Two Hundred Seventy-eight and 54/100 ($179,278.54) Dollars, plus interest at nine (9%) percent per annum, and costs of suit, as provided by the rules of Court, and Act of Assembly in such case made and provided. SIEGRIST, KOLLER, BRIGHTBILL, LONG AND FEEMAN By Thomas S. Long, Esquire (I.D. 21237) 315 South Eighth Street Lebanon, PA 17042 (717) 272-6646 Date: ~ ~ Attorney for Plaintiff PROMISSORY NOTE $179,278.54 ~ rC ~ M ~ ~ 1~_, Zoos WHEREAS, Ronald M. Mixell and Judy E. Mixell, his wife, jointly and severally, t/a/d/b/a Mixell & Kerstetter Electric, Inc., have an unpaid account with Yale Electric Supply Co., Inc., in the total amount of $179,278.54; and WHEREAS, Ronald M. Mixell and Judy E. Mixell, his wife, jointly and severally, have agreed to execute this Promissory Note; NOW, THEREFORE, on demand after date, the undersigned Obligors, promise to pay to the order of Yale Electric Supply Co., Inc., the Obligee, the sum of One Hundred Seventy-nine Thousand Two Hundred Seventy-eight and 54/100 ($179,278.54) Dollars, with interest at a rate of 9% per annum, payable in twelve (12) monthly installment payments commencing January 1, 2009, as follows: eleven (11) monthly payments of Fifteen Thousand Siz Hundred Seventy-eight and 17/00 Dollars (515,678.17) each, and a final payment due of Fifteen Thousand Five Hundred Siaty-one and 46/100 Dollars ($15,561.4. Page 1 of 2 This note arises from a business transaction. WITHOUT DEFALCATION, FOR VALUE RECEIVED, the undersigned hereby authorizes and empowers any attorney of any Court of Common Pleas of Pennsylvania or any attorney of any other Court elsewhere, or the Prothonotary or any Clerk of any Court in Pennsylvania, or elsewhere, to appear in such Court in an appropriate action there or elsewhere brought or to be brought against the undersigned at the suit of Obligee on this Note, with or without declaration, demand or notice filed as of any term or time there or elsewhere to be held, and confess or enter judgment against Obligor in favor of Obligee or any endorsee or legal holder of this Note for the exact sum which shall be the amount of the principal sum of this Note and with any other payments and charges which should have been paid by the Obligor under the terms of this note and with costs of suit and reasonable attorney's fees; and for so doing, this Note or a copy thereof verified by affidavit shall be sufficient warrant, without further stay, and full release of errors, any law, usage or custom to the contrary notwithstanding. Furthermore, the Obligor hereby waives and releases all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter to be passed and also waives all right and benefit of appeal and any and all proceedings to set aside, vacate, open, suspend or reverse such judgment and any execution issued thereon, and further, waives any right against execution on real estate which may be levied upon to collect this Note and hereby voluntarily condemns the same. The foregoing warrant and power to confess judgment shall not be deemed to have been exhausted by any single exercise thereof, whether or not any such exercise shall be held by any Court to be invalid, voidable or void, but may be exercised from time to time, as often as Obligee shall elect, until all sums payable or that may become payable by the Obligor have been paid in full. IN WITNESS WHEREOF, the undersigned have caused this note to be duly executed the day and year first ,above written. WITNESS: (onald M. Mixell) _.-- ' --___ ~ ~' udy Mi ell) ~ Page 2 of 2 ~~~~" - g'9 ~~~~{a~l ~~~pr~ ~~ K~+"~ ~ =_. ~, ,, ~~ ~ ~ ~ -o w , ~. ' 0o D = c = ~ D } ' ""' f 7l ~~; '""