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HomeMy WebLinkAbout10-266110 - 01(k) eivilTerM Plaintiff: Cumberland Valley Cooperative Association 0 N 908 Mt. Rock Road - Shippensburg, PA 17257 17 F- 1 ?, fU `- q ?ry? Defendant: Michael R. Kutz "`- -C Mary J. Kutz 50 Cornman Drive = -" Carlisle, Pa. 17015 o Judgment Note in the amount of $25,315.51 Dated October 14, 2009 The Undersigned hereby certifies in connection with the loan above referred to secured by a Demand Note containing a confession of judgment authorizing any attorney or prothonotary of any court of record in Pennsylvania or elsewhere to confess judgment against the Undersigned: That the loan for which said Note was given is not a consumer loan; that the income of the Undersigned (conjugal income if both spouses executed the note) is Ten Thousand ($10,000) Dollars or more; that it was orally explained and fully understood by the Undersigned that the execution of a Demand Note containing a confession of judgment clause was a waiver of the right to have a prejudgment notice and hearing, the right to have the burden of proving default on Cumberland Valley Cooperative Association, the Creditor, and the right to avoid expenses attendant upon opening or striking a confessed judgment and that the Undersigned voluntarily executed the said Demand Note with a confession of judgment clause knowing that the aforesaid rights have been waived and that an execution may be issued on a judgment entered on said confession against their property. The Undersigned further certifies that they were advised and understood that they could have an attorney examine the said Demand Note and any other documents in connection with the loan prior to execution. WITNESS: d o 'g r7 COMMONWEALTH OF PENNSYLVANIA: ir?pP?l?w COUNTY OF (SEAL) ` (SEAL) SS I-#J 61 ' )?41Z a,a wry J, /C(ti-fZ I being duly sworn according to law, deposes and says that the facts set forth in the above certification are true and correct. Sworn to and subscribed before me, this ?Z3(i day of ?Gf???r ?.ppg COMMONWEALTH OF PENNSYLVANIA =Merdle tarial Seal mish, Notary Publk - Twp., Franklin County 4a'7,50 AD Pt FF Expires J .19,2012 , / Member, Pennsy!va14a A.ssociation of Notaries e0 NO Q, L UDQ?? N??2 ?? T Michael R. Kutz Mary J. Kutz 50 Cornman Drive Carlisle, Pa. 17015 INSTALLMENT PAYMENT AGREEMENT $25,315.51 Shippensburg, Pennsylvania October 25, 2009 In installments as hereinafter stated, for value received, I/we, promise to pay to Cumberland Valley Cooperative Association, 908 Mt.. Rock Road, Shippensburg, Pennsylvania, the sum of ($25,315.51) with interest on the unpaid principal at the rate of 11.0 percent per annum from date hereof until paid in full. Said principal sum and interest shall be payable in equal successive monthly installments of $485.00 each, commencing on the 25th day of November, 2009, and continuing until October 25, 2015, at which time any unpaid balance of principal hereof and all interest accrued thereon shall be due and payable in full. All payments shall first be applied to interest due, with the balance to be applied to principal. Upon default in payment of any such installments or of interest when due, or upon failure of the makers to pay for each purchase on or before the date of their next purchase from Cumberland Valley Cooperative Association, the whole of the principal sum then remaining unpaid and all interest accrued thereon, shall, at. the option of the holder hereof, become immediately due and payable, without demand notice. And further, I/We do hereby authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for and to enter judgment against us, in favor of any holder of the Note for the above sum with costs of suit, release of errors, without stay of execution, and with fifteen (150) added as a reasonable attorney's fee, and I/We do hereby waive and release all benefit and relief from any and all appraisement, stay or exemption Laws of any state not in force or hereafter to be passed. WITNESS: L G ?svr7? AwL EAL) EAL)