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HomeMy WebLinkAbout09-5131F:WILES\Clients\11093 Calabrese\l 1093.2.Judgment Notel.wpd MARTSON DEARDORFF WILLIAMS & OTTO, A PROFESSIONAL CORPORATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CALABRESE & SONS, INC. :NO. 09 --5/,.3 / CIVIL TERM JUDGMENT NOTE $49,752.00 Cumberland County, Pennsylvania July 23, 2009 For value received, Calabrese & Sons, Inc., a Pennsylvania corporation (the "Undersigned") promises to pay to the order of Martson Deardorff Williams & Otto, a Professional Corporation, its successors or assigns (the "Holder"), in lawful money of the United States of America, at its offices at 10 East High Street, Carlisle, Pennsylvania, or at such other place as the Holder may direct, the sum of $49,752.00, along with legal fees accruing after the date of this Note. Upon the occurrence and during continuation of an Event of Default (as hereinafter defined) the undersigned shall pay interest at the rate of 6% per annum. Such interest rates will accrue after any Event of Default has occurred. The parties agree that this Note may be recorded with the Cumberland County Prothonotary's Office and indexed accordingly. If an Event of Default, as hereinafter defined, shall occur, the entire unpaid balance of this Note together with interest shall become immediately due and payable without demand or notice, and the Holder may proceed to exercise its rights hereunder or otherwise accorded by law, and no failure to exercise any of its rights and no extension of time for payment on the part of the Holder shall be deemed a waiver of any such rights or of any default hereunder. The following shall constitute Events of Default hereunder: (a) Any proceedings in bankruptcy, receivership, reorganization or insolvency shall be filed by or against the Undersigned; (b) The dissolution of the Undersigned; (c) The creation of any other lien, or the issuance of any attachment, against the property of, or the entry of judgment against, the Undersigned; (d) Any material adverse change in the financial condition of the Undersigned, or Holder believes the prospect of payment of this Note is impaired; (e) The suspension of usual business activity by the Undersigned; or (f) Holder believes itself insecure. The undersigned hereby empowers any prothonotary, clerk or attorney to any court of record of Pennsylvania or elsewhere to appear for the undersigned and, with or without declaration, to confess judgment at any time or times against the undersigned in favor of the holder hereof for the above sum plus interest thereon from the date hereof, with costs of suit and attorneys' fees. The undersigned hereby releases all errors and expressly waives all rights to any stay of execution. This obligation shall bind the Undersigned, and the heirs, executors, administrators, successors and assigns of the Undersigned, and the benefits hereof shall inure to the Holder. Presentment, notice of dishonor and protest are hereby waived by the Undersigned. If any provisions hereof shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, but this Note shall be construed as if such invalid or unenforceable provisions had never been contained herein. This Note shall be governed, as to construction and enforcement, by the laws of the Commonwealth of Pennsylvania. WITNESS the due execution hereof the day and year first above written with the intent to be legally bound hereby. ATTEST: i -- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CALABRESE & SONS, INC. e Calabrese., President ?Ikhrex ?SnnS ss. ?J On this ? day of ?L? , 2009, before me, the undersigned officer, personally appeared Joe Calabrese known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official1 seal. CD? (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial SON Sheey Brooks, Notary Public Caftia Born, Cumberland County I My Commission Expires Aug. 5, 2013 Member, Pennsylvania Assocladw or Notaries FILED- 07 TeE ton ?u'. 28 LI: 22 ???