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HomeMy WebLinkAbout10-2082 US $ 5,000 Dated: March 15, 2010 NOTE Lot No. 3 of Final Plan of Minor Subdivision for Edward E. Campbell dated August 1, 1977 Parcel ID: 40-10-0636-044A FOR VALUE RECEIVED, the undersigned promise to pay to Jeff J. and Sheree D. Carter, of Boiling Springs, PA, the principal sum of Five Thousand ($5,000.00) dollars or the actual cost of the water remediation at 6 Hope Drive, Boiling Springs, PA, whichever is less. The principal shall be payable at 6 Hope Drive, Boiling Springs, PA, 17007 or such other place as the holder hereof may designate in writing. The lien of this judgment shall apply only to Lot Number 3 of the Final Plan of Minor Subdivision for Edward E. Campbell dated August 1, 1977, and recorded in the Recorder of Deeds, Cumberland County, Pennsylvania, in Plan Book 32, Page 134 (Parcel ID 40-10-0636-044A). This Note shall be due and payable on the sale and settlement of Lot Number 3 of the aforementioned subdivision plan (Parcel ID 40-10-0636-044A). And further, in the event of default of the terms of this Note, the undersigned and each of them do hereby authorize and empower the Prothonotary or any attorney of any Court of Record of Pennsylvania or elsewhere to appear for and enter judgment against the undersigned and each of them for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution, and with Ten Percent (100) added for collection fees; and the undersigned and each of them further agree that real, personal or mixed property may be sold upon any writ of execution as now or hereafter provided by law or the Rules of Civil Procedure governing the enforcement of judgments; and the undersigned and each of them hereby waive and release all relief from any appraisement, stay or exemption laws of any state now in force or hereafter to be passed. The undersigned shall have the right to prepay the principal amount outstanding in whole or in part. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their heirs, personal representatives, successors and assigns. C Wi ness By: Ed and E. Ca ell Witn ss By: udy A. Campbell Edward E. and Judy A. Campbell Carlisle, PAet?St eet EXPLANATION OF RIGHTS (Full Confession) A. I clearly and specifically understand that by signing a Note dated March 15, 2010, in the amount of $5,000.00 or the actual cost of the water remediation at 6 Hope Drive, whichever is less, payable to Jeff J. and Sheree D. Carter which contains a Confession of Judgment clause: 1. I will authorize them to enter a judgment against me and in their favor which will give them a lien upon Lot Number 3 of the Final Plan of Minor Subdivision for Edward E. Campbell dated August 1, 1977 (Parcel ID: 40-10-0636-044A); 2. I will give up the right to any notice or opportunity to be heard prior to the entry of this judgment on the records of the Court; 3. I will agree that they 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 Sheriffs sale), pursuant to this judgment, prior to proof of non-payment or other default on my part; 5. I will be unable to challenge this judgment, should they enter it, except by proceeding to open or strike the judgment; and such a proceeding will result in attorney's fees and costs which I will have to pay. B. I know and understand that it is the Confession of Judgment clause in the above-described Note which gives them the rights enumerated in sub-paragraphs 1 through 5 of paragraph A. above. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, I UNDERSTAND THAT I WOULD HAVE THE FOLLOWING: The right to have notice and an opportunity to be heard prior to judgment. 2. The right to have the burden of proving default rest upon them before my property can be exposed to execution. 3. The right to avoid the additional expense 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 Note, and clearly aware that these rights will be given up, waived, relinquished, and abandoned if I sign the Note, I nevertheless freely and voluntarily choose to sign the 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. I HAVE READ THIS ENTIRE FORM AND I FULLY UNDERSTAND ITS CONTENTS Edward E. Campbell V J dy A. Campbell WITNESS: W CE cvt4? 201 O MAR 25 PM 1: 39 CUMB&i AND OJUNiY PENNSYWANA 14'x?'. 5D lam., R .S'-zICL6s ewid ?7os7 Z--w W?8 . A)c4l ?? eniqst-Lc L JEFF J. CARTER, ET AL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-02082 CIVIL TERM EDWARD E. CAMPBELL ET AL : Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned action settled and satisfied upon the payment of your costs only. Attorney I.D. 21458 -?a 1 X4 M CO ) m - C M <?. C-? 1 Carlisle, PA 17013