HomeMy WebLinkAbout04-4492
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$51,000.00
August 3, 2004
JUDGMENT NOTE
NORMAN ELAM AND BETTY J. ELAM, HIS WIFE AND MICHAEL R.
STAUFFER AND PAULETTE J. CROOK STAUFFER, HIS WIFE, (Borrower) promise
to pay to D & S CUSTOM HOMES, a Partnership, (Holder) of 19 McCoy Lane, Carlisle, P A
17013, the sum of Fifty One Thousand and no/IOO ($51,000.00) Dollars, without interest, on or
before December 31, 2006 or upon the occurrence of final settlement of property to be built on
Lot 103 Phase 2, Callapatscink, Dickinson Township, Cumberland County, Pennsylvania.
Notice, demand, presentment, or protest is expressly waived by Borrower. Borrower shall have
the right to repay all or part of the principal amount of this note at any time or from time to time
without premium or penalty. In addition, in the event of the default in the payment due
hereunder, Borrower does 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
Borrower for the above sum, with or without declaration, with costs of suit, release of errors,
without stay of execution and with fifteen percent (15%) added for collection fees; and Borrower
hereby agrees not to make any motion or any application whatsoever to any Court for an
inquisition on any real estate that may be levied upon to collect the aforesaid sum, and Borrower
voluntary condemns same and authorizes the Prothonotary to enter said voluntary condemnation
upon the Writ of Execution. Borrower further agrees that any property, real, personal or mixed
may be sold through a Writ of Execution and further hereby waives and releases all relief from
any and all appraisements, stay or exemption of any State now in force or which are passed
hereafter. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS
JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER WHETHER OR NOT ANY
SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE. OR
VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAYBE
EXERCISED FROM TIME TO TIME A OFTEN AS THE HOLDER HEREOF SHALL
ELECT, UNTIL SUCH TIME AS THE HOLDER HEREOF SHALL HAVE RECEIVED
PAYMENT IN FULL OF ALL AMOUNTS OWING HEREUNDER, TOGETHER WITH
COSTS.
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WAIVER
IN EXECUTING THIS NOTE, BORROWER UNDERSTANDS THE TRANSACTION,
AND KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO CONTEST THE
ENTRY OF THIS JUDGMENT AGAINST BORROWER IN COURT AND DOES HEREBY
CONSENT TO THE ENTRY OF THE JUDGMENT BY CONFESSION. BORROWERs
HEREBY CERTIFY THAT THEY HAVE EARNINGS OF $10,000.00 OR MORE PER YEAR.
Witness my hand and seal the day and year first above written.
Docs/Real Estate!J-Note-2,doc
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NORMANELAM
(SEAL)
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(SEAL)
(SEAL)
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Norman and Betty Elam 19 M:::Coy I..ane, Carlisle, PA 17013
Michael and Paulette J crook Stauffer 237 Lincoln Way East, New Oxford, PA 17350-1200
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D&S CUSTOM HOMES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, P A
v.
: DOCKET NO. 04-4492
NORMAN ELAM AND BETTY
ELAM., HIS WIFE, AND
MICHAEL R. STAUFFER AND
PAULETTE 1. CROOK STAUFFER:
HIS WIFE,
Defendants
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned matter paid in full and satisfied.
RESPECTFULLY SUBMITTED,
DATED:
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( Atto Y ID #
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! 26 est High Street
lisle, PA 17013
717) 243-6222
Attorney for Plaintiff
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