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HomeMy WebLinkAbout13-2631 fa a4(o alyi(Tecv PROMISSORY NOTE.? Payment Terms ' 1. For value received, Morris J. Solomon, of Camp Hill, PA, "Maker," promises to pay to the order of The Jewish Home of Greater Harrisburg, Inc., of 4000 Linglestown Road, Harrisburg, PA, "Payee," at 4000 Linglestown Road, Harrisburg, PA, the principal sum of up to $15,000.00, together with interest at the rate of 3% per year until payment in full is made by Maker. Principal and interest shall be payable upon the sale and settlement of 524 Colony Road, Camp Hill, PA, or six months from the date of this Note, whichever is sooner (the "Due Date ") , at which time the remaining unpaid principal or principal and interest shall be due in full. All payments on this Note shall be applied first in payment of accrued interest and any remainder in payment of principal. If the balance of this Note is not paid in full by the Due Date, any unpaid amount at that time shall accrue interest at the rate of 10% per year. As of April 24, 2013, charges continue to accrue to the account of Maker in that an insufficient portion of Maker's income is being paid to Payee to account for the difference between payments made by Medical Assistance and Maker. Until such time as the correct amount of income is being paid to Payee, these charges will continue to accrue. Amounts to be paid under this Note shall be limited to the difference between the amount of Maker's income that should be paid to the Payee per Medical Assistance regulations and the amount actually been paid to Payee. Collection Costs 2. Maker agrees to pay all actual expenditures incurred by Payee in any attempt to collect any amount due under this Note, including all costs of legal action and reasonable attorneys' fees. Extensions and Waivers 3. No extension of time for payment granted by Payee of all or any part of the amount owing on this Note at any time shall affect the liability of the Makers, or of any surety, accommodation party, guarantor, or indorser of this Note. Acceptance by Payee of any installment after any default shall not operate to extend the Page 1 of 3 *165C) PZ ATM w� � lkller �,� aa 4 time of payment of any amount then remaining unpaid or constitute a waiver of any of the other rights of Payee under this Note. No delay by Payee in exercising any power or right shall operate as a waiver of any power or right. No single or partial exercise of any power or right shall preclude other or further exercise of the power or right, or the exercise of the power or right, or the exercise of any other power or right. The waiver of any default or grounds for acceleration by Payee shall not operate as a waiver of any subsequent default or grounds for acceleration, or of any power or right that Payee may have under the terms of this Note. Modifications 4. No waiver or modification of the terms of this Note shall be valid unless in writing, signed by Maker and Payee. Any modification shall be valid only to the extent set forth in writing. The terms of the attached judgment note is modified by this Promissory Note. Governing Law 5. This Note shall be construed under the laws of the Commonwealth of Pennsylvania, including the Uniform Commercial Code, as enacted and in force in the Commonwealth of Pennsylvania. Warrant of Attorney 6. The Maker of this Note authorizes any attorney at law to appear before the prothonotary of any court of record of the Commonwealth of Pennsylvania or in any state in the United States at any time after this Note becomes due, whether by acceleration or otherwise, and to waive the issuing and service of process and confess a judgment in favor of the legal holder against any Maker and indorser, for the amount of principal and interest then appearing due on this Note, together with costs of suit, and to release all errors and waive all right of appeal. WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE TO COMPLY WITH THE AGREEMENT, OR ANY Page 2 of 3 OTHER CAUSE. 7. The Maker authorizes the Prothonotary to enter judgment at any time under this Note for all amounts claimed by Payee. 8. Maker has been advised of his right to seek review of this Note by an attorney. Maker has declined to seek the advice of an attorney. Maker is an attorney. 9. This agreement shall be binding on the heirs, successors, personal representatives and assigns of the parties hereto. Witness: MAKER Morris �7J Solomon Witness: PAYEE The Jewish Home of Greater Harris Inc. By Maryann Brawley Dated: April 24, 2013 Page 3 of 3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County, PA No. TO: Morris J. Solomon Jewish Home of Greater Harrisburg 4000 Linglestown Road Harrisburg, PA 17112 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. Judgment by Default —X— Money Judgment: $15,000.00 Judgment on Award of Arbitrators: $ Judgment on Verdict: $ Money Judgment Transferred from Other Jurisdiction: $ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717- 652 -8989 Fax: 717- 307 -3343 Supreme Court ID: 39844 bal@billadlerlaw.com PROTHONOT Y ab