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HomeMy WebLinkAbout14-3764 Amounts JEa ;j e^+ 2:rr �' $28,500.00 '��E�i� March 2� , 2014 :,Ery�,4,ND COUNT"' Camp Hill, Pennsylvania F"ENNS'�LVANIA JUDGMENT NOTE FOR VALUE RECEIVED, and intending to be legally bound, DABIS CAMERO (hereinafter collectively"Maker"), of 511 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011, hereby promises to pay COLLEEN CAMERO, an adult individual, (hereinafter"Holder"), of 4085 Swatara Drive, Oberlin, Dauphin County, Pennsylvania 17113, the principal sum of TWENTY- EIGHT THOUSAND FIVE HUNDRED AND 00/100 ($28,500.00) DOLLARS lawful money of the United States of America. Maker shall transfer to Holder SEVEN THOUSAND SIX HUNDRED AND 00/100 ($7,600.00) DOLLARS, which shall be transferred to Holder from .Maker's TIAA-CREF account by way of a QDRO provided by Maker to Holder. Additionally, Maker shall remit to Holder ONE HUNDRED FIFTY AND 00/100 ($150.00)DOLLARS per month, each month, for the next five (5) years, with the first payment beginning May 1, 2013. Further, Maker shall provide to Holder no later than thirty (30) days after actual receipt of the refund by Maker any federal tax refund Maker receives beginning with tax year 2012 through 2016. Finally, commencing in 2017, Maker shall pay any balance remaining by providing Holder Maker's federal tax return refund or ONE THOUSAND SEVEN HUNDRED FIFTY AND 00/100 ($1,750.00) DOLLARS, whichever is greater, in each tax year after 2017 until the balance is paid in full. Should Maker elect to pay any balances remaining by providing Holder Maker's federal tax return refund, Maker shall provide Holder with the refund no later than 30 days after actual receipt of the refund by Maker. Maker shall be provided a grace period of no more than fifteen (l 5) days from the date that any payment is due. Further, Maker shall be in default of the this Note should Maker make three (3) consecutive payments that are more than fifteen (15) days from said payment's respective due date, or six (6) payments that are more than fifteen (15) days from said payment's respective due date in any rolling twelve (12) month period. Maker does hereby empower the Prothonotary, clerk of court, or any attorney of any court of record in the Commonwealth of Pennsylvania, at any time before or after maturity whether or not any default has occurred, to appear for it and, with or without declaration filed, confess judgment against it for the above sum with costs of suit, release of errors, and with out stay of execution, and with (5%) percent added as part of the judgment for attorney's fees for collection. Maker fully understands and agrees to the attached Explanation of Rights which is incorporated herein by reference. THIS NOTE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAKER WITHOUT PREVIOUS NOTICE TO MAKER AND MAY HAVE AN IMPACT UPON THE CREDIT HISTORY OF THE MAKER. The failure of Holder to declare this Note due and payable on the Maturity Date shall not constitute a waiver of any of Holder's remedies, and the same shall be available to Holder until such time as this Note is satisfied. The words "Holder" and "Maker"whenever occurring herein shall be deemed and construed to include the respective heirs, successors and assigns of Holder and Maker, and the term "Maker" shall be deemed and construed to include the singular, as well as the plural, and the masculine, feminine and �-� �3�s° a c s�3s R��S0 �vo��e r alZ ii-_ 30 W9 A neuter gender, or vice versa. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. EXPLANATION OF RIGHTS A. I clearly and specifically understand that by signing the foregoing Promissory Judgment Note dated even date herewith in the principal amount of TWENTY-EIGHT THOUSAND FIVE HUNDRED AND 00/100 ($28,500.00) DOLLARS (the "Note") payable to Colleen Camero (hereinafter"Holder")which contains a confession of judgment clause: 1. I will authorize the Holder to enter a judgment against me in Holder's favor, which will give the Holder a lien upon any real estate which I may own, including my home. 2. I will give up the right to any notice or opportunity to be heard prior to the entry of this judgment on the records of the court. 3. 1 will agree that the Holder can enter this judgment without any proof of nonpayment or other default on my part. 4. I will subject all of my property, both personal property and real estate, to execution (and sheriff sale) pursuant to this judgment prior to proof of nonpayment or other default on my part. 5. 1 will be unable to challenge this judgment, should the Holder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in attorney's fees and costs which I will have to pay. 6. I know and understand that it is the confession of judgment clause in the Note. B. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, I UNDERSTAND I WOULD HAVE THE FOLLOWING: 1. The right to have notice and an opportunity to be heard prior to judgment. 2. The right to have the burden of proving default rests upon the Holder before my property can be exposed to execution. 3. The right to avoid the additional expense of attorneys' fees and costs incident to the opening or striking off a confessed judgment. C. I fully and completely understand these rights, which I have received prior to signing the Note and am clearly aware that these rights will be given up, waived, relinquished and abandoned if I sign the Note. Nevertheless, I freely and voluntarily choose to sign the Note, my intention being to give up, waive, relinquish and abandon my known rights (as described in Paragraph B above) and subject myself to the circumstances described immediately above. D. I hereby certify that I, a signatory to the Note, which has a confession of judgment clause, have earnings of$10,000.00 or more per year. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK (Signatures to follow) I HAVE READ THIS ENTIRE FORM AND FULLY UNDERSTAND ITS CONTENTS tea: Witness for Dabis Camero abis amero Date: Taj/ Date: �� ��