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HomeMy WebLinkAbout05-4919 ... tJ(.. t/9/f er;J NOTE AMOUNT $5.412.15 Date September 21.2005 FOR VALUE RECEIVED, KATHLEEN L. WICKERT, promises to pay to BRENDA R. LAWSON, the sum of FIVE THOUSAND FOUR HUNDRED TWEL VB Dollars and FIFTEEN CENTS ($5,412.15) without defalcation, with interest thereon, at the rate ofTEN (10%) percent per annum compounded monthly. Said amount is due and payable in one lump sum one day after the date of this Note. Principal and interest computed and payable as herein provided shall be payable without relief from valuation or appraisement laws, and with attorney's fees, costs and expenses of collection, in the event that this Note is referred to an attorney for enforcement or collection. This Note shall, at the option of the holder hereof, become immediately due and payable, including any interest due thereunder, upon Maker: failure to pay any sum provided for herein when due or upon the happening of any of the following events affecting the Maker: Voluntary or involuntary filing of a petition in bankruptcy or reorganization, execution of an assignment for the benefit of creditors, liquidation of Maker's business, the appointment of a liquidating agent or committee, or the appointment of a receiver by a court of competent jurisdiction, which appointment shall not have been vacated within a period of thirty (30) days after the appointment of such receiver. No delay on the part of the Payee or holder thereof in exercising an option shall operate as a waiver or preclude the exercise of such option at any time during the continuance of any such default. The holder hereof may, at its option, make extensions of the time for payment of indebtedness, or any part hereof, or reduce payments thereon, the Maker agrees to any such extensions or reductions, all without notice, and agrees that any such action by the holder of this Note shall not relieve it from liability hereunder. Maker hereby waives presentment for payment, notice of dishonor, protest, notice of protest, notice of nonpayment of this Note and diligence in collection thereof The construction of this Note shall be governed by the laws of the Commonwealth of Pennsylvania. UPON THE NONPAYMENT WHEN DUE, HOLDER MAY DECLARE ALL MONIES IMMEDIATELY DUE AND PAYABLE WITHOUT NOTICE, AND PROCEED TO COLLECT THE SAME AT ONCE. IF THIS NOTE IS PLACED IN THE HANDS OF ANY ATTORNEY FOR COLLECTION, WE AGREE TO PAY AS A REASONABLE ATTORNEY'S FEE THE GREATER OF $500.00 OR 50/0 OF THE AMOUNT DUE AND OWING ON THIS NOTE. TO SECURE PAYMENT OF THIS NOTE WE HEREBY AUTHORIZE, IRREVOCABLY, THE PROTHONOTARY, CLERK OF COURT, OR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR US IN SUCH COURT, AT ANY TIME BEFORE OR AFTER MATURITY AND CONFESS A JUDGMENT AGAINST US AT ANY ONE OR MORE TIMES, IN FAVOR OF ANY HOLDER OF THIS NOTE WITH OR WITHOUT THE FILING OF AN AVERMENT OF DEFAULT, WITH RELEASE OF ERRORS, WITHOUT STAY OF EXECUTION, AND FOR SUCH AMOUNT AS MAY APPEAR TO BE UNPAID THEREON, TOGETHER WITH CHARGES, ATTORNEY'S FEES AND COSTS AS HEREIN PROVIDED, AND WE HEREBY WAIVE INQUISITION AND EXTENSION UPON ANY LEVY ON ANY REAL ESTATE, HEREBY VOLUNTARILY CONDEMNS THE SAME AND AUTHORIZES THE ENTRY UPON THE WRIT OF EXECUTION, HEREBY WAIVING AND RELEASING ALL RELIEF FROM ANY AND ALL APPRAISEMENT AND STAY OF EXECUTION, AND THE UNDERSIGNED WAIVES INQUISmON AND EXTENSION UPON ANY LEVY ON ANY REAL ESTATE, HEREBY VOLUNTARILY CONDEMNS THE SAME AND AUTHORIZES THE ENTRY UPON THE WRIT OF EXECUTION, HEREBY WAIVING AND RELEASING ALL RELIEF FROM ANY AND ALL APPRAISEMENT AND STAY OF EXECUTION LAWS NOW IN FORCE OR HEREAFTER ENACTED. Witness the hand and seal of KATHLEEN L. WICKERT, the day and year first above written. WITNESS: ~~~9~~ BY~~ ~~~ THLEENL. WICKERT 2 ., COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND On this the 21st day of September, 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared, KATHLEEN L. WICKERT, who acknowledged that she executed the foregoing instrument for the purposes therein contained by signing her name. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~Q~~ Public tP' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Linda J. Metham, Notary Public Hampden Twp., Cumberland County My Commission Expires Jan. 24, 2009 Member, Pennsylvania Association of Notaries 3 DISCLOSURE FOR CONFESSION OF JUDGMENT KAmEN L. WICKERT, (hereinafter referred to as "Obligor") executed this 21st day of September. 2005, a Judgment Note for $5,412.15 obligating Obligor to pay that amount. Ini~ gf L A representative of BRENDA R. LAWSON (hereinafter referred to as "Obligee") has explained to Obligor that the Note contains wording that would permit Obligee to enter Judgment against Obligor at the Courthouse if the Note becomes in default, without notice to Obligor and without offering Obligor an opportunity to defend against the entry of Judgment, and that Judgment may be collected by any legal means. ~ e,.el In executing this Note, Obligor knowingly, understandingly and voluntarily waives her rights to resist the entry of Judgment against Obligor at the Courthouse, and consent to the Confession of Judgment. 1ni~2 &Z-L- Obligor hereby certifies that Obligor's annual income exceeds $10,000.00, that the blanks in this Disclosure were filled in when she initialed and signed the Note, and that she received a copy at the time of signing. ~&2L WITNESS: ~~97fd/~ 4 COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND On this the 21st day of September, 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KATHLEEN L. WICKERT, who acknowledged that she executed the foregoing instrument for the purposes therein contained by signing her name. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~JQ~ o Public /" COMMONWEALTH OF PENNSYLVANIA Notarial Seal LindaJ. Melham. Notary Public Hampden Twp.. Cumberland County My Commission Expires Jan. 24, 2009 Member, Pen~sylval1ia Association of Notaries 5 ~~0 \N'CW-\- \'5 3~cXf)1'\\Y' 'k}.. (o--<<'\> \"\,' \ \ R f\ \lO' \ <o\zsd~ ~p t=\;:~D ~'OO\ ~ lO-~ Y1 \ \ '""d. \-\0--('( \-s-oJ' 6 \ \) ~ ~ ~. ~' \ ~. " ~ ~ ~ ~ "'() Y'\ ~ " <0' --t) ~ ~ '^ ~~ ~ \3 ~ ~ \ ~~ ~ ,....., g 9 CJ'"1 '. (/) .-1 rr'l ::r: :n """t) Pl r t" -Cj~ ""' "n CJ _ (~j ~l __(CJ ~ t~}~ -.-1 U1 ?O 0'"' -< ------