HomeMy WebLinkAbout05-2781
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$45,900.00
DATE: May 26, 2005
NOTE
D&E Construction ("Borrower"), of Crnnberland County, Pennsylvania, hereby
promises to pay to Raymond E. Diehl and Genevieve A. Diehl, husband and wife,
("Holder") of Carlisle, Cumberland County, Pennsylvania their heirs, successors and assigns,
Forty-five Thousand, Nine Hundred Dollars ($45,900,00) by paying Forty-five Thousand,
Nine Hundred Dollars ($45,900,00) upon the sale and settlement, or rental ofthe residence
to be built on Lot 26 Nicholas Manor, Dickinson Township, Cumberland County,
Pennsylvania but in no event later than one (1) year from the date of this Note.
In the event of default by Borrower, interest shall accrue and be payable at the rate of
Wall Street Journal Prime plus three (3%) percent.
Notice, demand, presentment, or protest is expressly waived by Borrower. Borrower
shall have the right to prepay all or any 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
PENNSYL VANIA 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 15 PERCENT 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 VOLUNTARILY CONDEMNS SAME, AND AUTHORIZE
THE PROTHONOTARY TO ENTER SAID VOLUNTARY CONDEMNATION UPON
THE WRIT OF EXECUTION, BORROWER FURTHER AGREES THAT ANY
PROPERTY, REAL PERSONAL OR MIXED MAYBE 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 HT EPOWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE
EXERCISED FROM TIME TO TIME AS 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 VOLUNT ARIL Y 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. BORROWER
HEREBY CERTIFIES THAT HE HAS EARNINGS OF $10,000.00 OR MORE PER YEAR.
Witness my hand and seal the day and year first above written.
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D~;ONSTRUC~N.
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Br;;t;:;
By: ani L. Reisman "
Raymond E. & Genevieve A. Diehl
401 Myers Road
Boiling Springs, PA 17007
D&E Construction
576 Miller Blvd.
Mechanicsburg. PA 17055
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SAlOIS,
FLOWER &
LINDSAY
>\:rIUflNEYSoAToIA.W
26 West High Street
Cadi~lc, PA
RAYMOND E. DIEHL and
GENEVIEVE A. DIEHL,
Plaintiff
v.
D&E CONSTRUCTION
Defendant
TO THE PROTHONOT AR Y:
: TN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PA
: DOCKET NO. 2005-02781
PRAECIPE
Please mark the above-captioned matter settled and satisfied.
DATED: ~- 9-01:;
E & LlNDSA Y
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