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Home My WebLink About04-5066JUDGMENT NOTE $400,000.00 Carlisle, Pennsylvania Dated: October 7, 2004 FOR VALUE RECEIVED, the undersigned, Carlisle All-Star Cafe, Inc., a Pennsylvania Corporation, by its duly authorized officers (OBLIGOR), promises to pay to the order of Richard E. Phelan and Linda L. Phelan and/or Rod's Roadhouse Caf6 of Carlisle, Inc., a Pennsylvania Corporation (OBLIGEE), their heirs, executors, administrators, successors, and assigns, the principal sum of Four Hundred Thousand and 00/100 ($400,000.00) Dollars, with interest computed at the rate of four (4%) percent per annum, to be paid as follows. Obligor shall pay one hundred eighty (180) equal monthly installments of Two Thousand Nine Hundred Fifty-eight and 75/100 ($2,958.75) Dollars. The first payment shall be due on January 15, 2005. All payments thereafter shall be due on the 15°~ day of each following month until paid in full. All payments shall be applied first to payment of accrued interest and the balance to reduction of principal. Payments which are not received within fifteen (15) days after the due date shall be subject to a late payment penalty charge of five (5%) percent of the amount due. Obligor may prepay part or the entire amount at any time without penalty. All payments shall be mailed or delivered to Obligee at 735 S. Hanover Street, Carlisle, Pennsylvania 17013. TIME IS OF THE ESSENCE. And further, to secure payment of this Note, we hereby authorize and empower the Prothonotary or any attorney of any Court of Record of Permsylvania or elsewhere to appear for, and to enter judgment against us for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution; and an attorney's commission or fees of five (5%) per cent of the sum of the foregoing for collection (but not less than $1,000.00); and we do further agree that real, personal or mixed property may be sold upon any writ of execution as now or hereafter provided by law and the Rules of Civil Procedure governing the enforcement of judgments; and that we do hereby waive and release all relief from any appraisement, stay or exemption laws of the State now in force or hereafter to be passed. This Note and the attached Disclosure are executed in conjunction with a commercial transaction. 1N WITNESS WHEREOF, we have caused this Judgment Note to be executed by affixing our hands and seals the day and year first above written. Attest: Carlisle All-Star Caf6, Inc. DISCLOSURE FOR CONFESSION OF JUDGMENT Carlisle All-Star Caf6, Inc., by its duly authorized officers, is executing on this 7tt~ day of October 2004, a Note for Four Hundred Thousand ($400,000.00) Dollars, with interest computed at the rate of Four (4%) per cent per annum, payable to the order of Richard E. Phelan and Linda L. Phelan and/or Rod's Roadhouse Caf6 of Carlisle, Inc. We are advised and understand that the Note contains wording that would permit the holder of this Note to enter judgment against us at the Courthouse for the entire amount of said Note, without notice to us and without offering us an opportunity to defend against the entry of judgment, and that the judgment may be collected and enforced by any legal means. In executing this Note we, after obtaining independent legal advice, knowingly, understandingly and voluntarily waive our rights to resist the entry of judgment against us at the Courthouse, and we consent to the confession of judgment. We hereby certify that our annual income exceeds Ten Thousand ($10,000.00) Dollars, that we have read this entire Disclosure and the Note and understand them, and that we have received a copy of both at the time we signed them. This Disclosure and the attached Note are executed in conjunction with a commercial transaction. WE HAVE READ THIS FORM AND FULLY UNDERSTAND ITS CONTENTS. Attest: Carlisle All-Star Caf6, Inc. Dated: October 7, 2004 Carlisle Ali-Star Note w discl scnPous 10/06/04 RICHARD E. PHELAN and L1NDA L. PHELAN, Individually & ROD'S ROADHOUSE CAFI~ OF CARLISLE, INC., a PA Business Corp., Plaintiffs VS. CARLISLE ALL-STAR CAFI~, INC., a PA Business Corp., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- ....q't3/~{,., Civil Term CIVIL ACTION - LAW To: Carlisle All-Star Caf6, Inc. You are hereby notified that on the ~"~dayof (~t'~z~t_,~ 2004 judgment by confession was entered against you in the stun of $400,000.00, with 4°/~ interest, in the above-captioned case. Date: ~ 7 ,2004 ~,t,,Y~6,~ )~'~,~ Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 I hereby certify that the following is the address of the Defendants stated in the certificate of residence: Carlisle All-Star Caf6, Inc. 257 Penrose Place Carlisle, PA 1~0)/~4014 Attorney for Plaintiff(s) RICHARD E. PHELAN and L1NDA L. PHELAN, Individually & ROD'S ROADHOUSE CAFI~ OF CARLISLE, 1NC., a PA Business Corp., Plaimiffs VS. CARLISLE ALL-STAR CAFI~, INC., a PA Business Corp., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- Civil Term CIVIL ACTION - LAW Para: Carlisle All-Star Caf6, Inc. Por este medio sea avisado queen el dia __ de de 2004, tm I~allo pot admission rue regist'rado contra Ustedes pot la cantidad de $400,00.00 del caso antes escrito. Fecha: el dia de de 2004. Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO T1ENE ABOGADO O SI NO TIENE EL D1NERO SUqYlCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland Cotmty Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Por este medio certifico que lo siguiente es la direccion de los demandados dichos en el certificado de residencia: Carlisle All-Star Caf6, Inc. 257 Penrose Place Carlisle, PA 17.913-4014 Abogado(a) de Demandante(s) RICHARD E. PHELAN and LINDA L. PHELAN, Individually & ROD'S ROADHOUSE CAFE OF CARLISLE, INC., a PA Business Corp., Plaintiffs vs. CARLISLE ALL-STAR CAFE, INC., a PA Business Corp., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5066 Civil Term - 7 - , Mrn .c emu„ Z.n CIVIL ACTION - LAW 'o 39 C-) PRAECIPE TO SATISFY JUDGMENT To the Prothonotary: On behalf of the Plaintiffs, please mark the above-captioned judgment against Defendant as settled, satisfied and withdrawn. Dated: April 20, 2012 By: Jt? C Steve C. Nicholas, Esquire Atty. ID #069=845 Nicholas Law Offices, PC 2215 Forest Hills Drive, Suite 37 Harrisburg, PA 17112-1099 (717)540-7746 Attorney for Plaintiffs