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Home My WebLink About01-2900 Ot-~ c.,- /) ~ L '-r'VW--._ , NOTE Salvatore Passalacqua . . to Dated: May 1,2001 . . Cipriano Arena and Giuseppa Arena, .his wife at York, Pennsylvania FOR VALUE RECEIVED, without defalcation, Salvatore Passalacqua (hereinafter called the "Maker"), do hereby promise to pay to the order of Cipriano Arena and Giuseppa Arena, his wife, (hereinafter called the "Holder"), at 4625 Clearview Drive, Camp Hill, Pennsylvania 17011, or at such other place as the said Holder hereof may from time to time designate, in writing, the sum of Seventy-Five Thousand ($75,000,00) Dollars, lawful money of the United States of America, and any additional moneys loaned or advanced hereunder by the Holder hereof, as hereinafter provided, with interest at the rate of six (6%) percent per annum on the unpaid balances of principal. The principal and interest shall be payable in advance on the 1st day of each month, in forty-eight (48) monthly installments of One Thousand Seven Hundred Sixty- One and 38/100 ($1,761.38) Dollars, the first payment being on the 1st day of May, 2001, and thereafter on the 1st day of each month to and including the payment due on the 1st day of April, 2005; PROVIDED, nevertheless, that any principal and interest that may be due at the expiration offorty-eight (48) months from the first required payment of interest hereunder shall forthwith be due and payable, In the event that any installment provided for herein shall become overdue for a period in excess often (10) days, a late charge of three (.03) cents for each dollar so overdue may be charged by the Holder hereof, for the purpose of defraying the expense incident to the handling of such delinquency, The Maker hereof shall have the privilege of prepaying this obligation in full or in part at any time, without penalty, Said Maker agrees that both the principal, or any balance thereof, and interest of this Note, shall bear interest at the rates hereinbefore provided, if not paid when due, AND, the said Maker does hereby authorize and empower the Prothonotary, Clerk of Court, or any attorney of any court of record in Pennsylvania, or elsewhere, to appear for and confess judgment against it and in favor of said Holder, their heirs and assigns, as of any term, past, present or future, with or without declaration, for the debt evidenced by this Note, with interest thereon, together with any and all charges, together with costs of suit and reasonable attorney's fees not to exceed ten (10"10) percent for collection, but not (0llD75171'1) less than Five Hundred ($500,00) Dollars, with release of all errors, and on which judgment the Holder may, on failure of the said Maker to comply with any of the stated terms, provisions and conditions of this Note, issue or cause to be issued an execution or executions, waiving inquisition and condemnation as to any property levied upon by virtue of any such execution, waiving all exemption from levy and sale of any property which now is or hereafter may be exempt under any Act of Assembly, The authority granted in this Note to confess judgment against Maker shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of 1111 amounts due under this Note, AND, the said Maker does hereby covenant and promise well and truly to abide by and comply with each and every covenant and condition set forth in this Note, Notwithstanding anything in this Note, to the contrary, no default will be declared for the failure of the Maker to perfonu any of its covenants, other than the money payments required to be made, unless written notice for the same is given to the Maker, who shall have ten (10) days within which to cure the particular default. The Maker, guarantors and endorsers hereby jointly and severally waive presentment for payment, protest and demand for notice of protest, demand for and notice of dishonor, and notice of nonpayment of this Note, and consent that the Holder hereof may extend the time of payment, or otherwise modify the tenus of payment ofany part or the whole of the debt evidenced by this Note, or at the request of any other person liable herein, and such consent shall not alter or diminish the liability ofany person hereunder, It is also agreed that in the event the within obligation, or this Note evidencing the same, shall at any time hereafter be held by decision ofa court of competent jurisdiction, or by ruling of the United States Treasury Department, to be subject to the payment of any state or federal documentary stamp tax, or any levy in the nature thereof, the Holder may pay such tax, together with interest and penalties thereof, if any, and the Maker and the guarantors and endorsers will repay to the Holder on demand any amount so paid, with interest at the rates hereinbefore provided, from the time of payment, and until such repayment, the same shall be secured by this Note; and in default of such repayment by the Maker within thirty (30) days after demand by the Holder, the indebtedness secured hereby shall at the option of the Holder immediately become due and payable, PROVIDED, HOWEVER, that the Maker be given prompt written notice by the Holder of the notice of assertion of any such tax. liability, either by the United States Treasury Department, or any other authority imposing such tax., as well as a reasonable opportunity to defend against any such claim, All references herein to the singular as to the Holder and the Maker shall include the plural thereof, It is also understood that "Holder" refers to the Holder and its, his, her or their executors, administrators, successors and assigns, as the matter may be, (0001587311) This Note is made, executed and delivered in the Commonwealth of Pennsylvania and shall be interpreted under the laws of the Commonwealth of Pennsylvania, w~ ~~11 Salvatore Passalacqua AL) (00D7587311) . . t l ~ ~ A '- ~. ~ r '- h 0 i ~ ~ if! _ C) ~ r :;-' l? ~ ~ --< Q?~~ -I- W PJ } l':,)t Kfr .... ~ 3-l ~ ;, ~ ft-- t ! pt (') ..... ~... .::= .' .. ~(', :':: c:;,!... -..: ;::;;; .:- .~-: ", ~~:: ;~" ~~. ~ :,.; ~.- ;.'~ -."- -~.."; - ~-'i r:- -< :~- .._ :_'1 t e ! CIPRIANO ARENA and GIUSEPPA ARENA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No, 2001-02900 v, : JUDGMENT - NOTE SALVATORE PASSALACQUA, Defendant : AMOUNT $75,000.00 PRAECIPE FOR ENTRY OF APPEARANCE TO: Prothonotary Please enter the appearance of Anthony J. Foschi, Esquire, and the law firm of Shumaker Williams, P ,C" as counsel forthe Plaintiff, Cipriano Arena and Giuseppa Arena, lAMS, P.C, Dated: Lj - 7 - 00 By: Anth y J, Foschi, I.D. #55895 P,O, Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :187979 C) c;-, , 'n --.J c::' :,_., CIPRIANO ARENA and GIUSEPPA ARENA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No, 2001-02900 v. : JUDGMENT - NOTE SALVATORE PASSALACQUA, Defendant : AMOUNT $75,000.00 PRAECIPE TO SATISFY JUDGMENT To the Prothonotary: Please have the judgment entered against the Defendant in the above-captioned matter marked paid, satisfied and discontinued, SHUMAKER WilLIAMS, P,C. Dated: L./-7 - [) &:, By: Anthony J, Foschi, 1.0. #55895 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff : 186648 ~~ ~~....., r:.~' c- <;,