HomeMy WebLinkAbout05-4101
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$34,000.00 August 10, 2005
Lot #9 Cedar Court West, West Pennsboro Township, Cumberland County, PA
NOTE
Ridgeview Custom Homes, LLC ("Borrower"),ofShippensburg, Cumberland County,
Pennsylvania, hereby promises to pay to Robert T. Weibley and Velva E. Weibley, husband
and wife, ("Holder") of Carlisle, Cumberland County, Pennsylvania their heirs, successors and
assigns, Thirty-four Thousand Dollars ($34,000.00) by paying Thirty-four Thousand
Dollars ($34,000.00) upon the sale and settlement, or rental of'the residence to be built on
Lot 9 Cedar Court West, Carlisle, West Pennsboro Township, Cumberland County,
Pennsylvania but in no event later than September 1, 2006.
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 AUTHORIZI8; 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 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 EST A TE THA T 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 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 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.
JUOOINOTE INO 8/1 0/05
II
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.
Wl~
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RIDF7~LLC
By: Herbert G. Weaver, Member
y~~~~
By: Deborah S. Weaver, Member
Robert T. and Velva E. Weibley
9 CaJar Court Fast
Car lisle, PA 17013
Ridgeview 0Jsta:n !laDes, IU
945 Ridge Read
Shiwensl:mg, PA 17257
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SAIDIS,
FLOWER &.
LINDSAY
AllDRNE\'S.AT.lAW
26 West High Street
Carlisle,I'A
II
ROBERT T. WEIBLEY AND
VELVA E. WEIBLEY,
Plaintiff
v.
RlDGEVIEW CUSTOM
HOMES, LLC.
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PA
: DOCKET NO. 05-4101
PRAECIPE
Pleasc mark the above-captioned matter paid in full and satisfied.
DATED: 3/31 ol
II
L
RESPECTFULLY SUBMITTED,
SAIDIS, FLOWER & LlNDSA Y
~r~~ 1ll_
George F. Douglas, Esq.
Attorney ID #61886
26 West High Street
Carlisle, PA 17013
717) 243-6222
Attorney for Plaintiff
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