HomeMy WebLinkAbout87-0001No.._.__~____ Civil 19_~' ~
Court of Common Pleas
Cumb. Co.
POSTPONEMENT OF JUDGMENT
'IN THE COURT OF COMMON PLEAS OF THE COUNTY OF CUMBERLAND
STATEMENT OF JUDGMENT
ENGLISH COURT DEVELOPMENT, INC. : Of Civil Term, 1987
Number 1
VERSUS :
Real Debt $6,000.00
: Interest from 12/16/86
FAIRVIEW CONSTRUCTION Costs
:
Entered and Filed 1/2/87
KNOW ALL MEN BY THESE PRESENTS,
THAT, ENGLISH COURT DEVELOPMENT, INC.
the Plaintiff named in the above entitled Judgment, for and in the
consideration of the sum of One Dollar, lawful money of the United
States, to it paid by the Defendant above named, the receipt whereof
is hereby acknowledged does hereby postpone and subordinate the lien
of the within Judgment to that of a Mortgage from Fairview Construction
and Mark A. Plesce to Adams County National Bank dated January ,
1987 and recorded in Mortgage Book ~O, Page ~ for $90,000.00
and we further authorize and direct the Prothonotary of cu~berlan~
County to so note the same on the records thereof.
~~~ATTEST: ~/I~--~'~ecre ~ ~. ENGLISH~~/~COURT]/DEVELOPMENT'INC'j~
t ary B y v ~-~.~~ . /' ?~
~I~ITNOTE
$6,000.00 DILLSBURG, PENNSYLVANIA
Dated this 16th day of December, 1986.
The undersigned promises to pay to the order of ENGLISH COURT DEVELOPMENT,
INC., the sum of Six Thousand ($6,000.00) Dollars plus interest at the
rate of 10 ½% per annum, without defalcation, for value received, payable
as follows: The sum of One Thousand Five Hundred ($1,500.00) Dollars
shall be due and payable upon each draw for the first 4 draws of the
construction mortgage, plus interest as set forth above. Provided, however,
that the principal sum due, plus interest as set forth above, shall be
paid in full no later than June 16, 1987.
The undersigned hereby empowers any prothonotary, clerk or attorney
of any court of record within the United States or elsewhere, to appear
from the undersigned and, with or without declaration, to confess judgment
at any time or times against each, any or all of the Undersigned in favor
of the holder hereof, for the above sum plus interest thereon from the
date hereof, with costs of suit and an attorney's commission of fifteen
(15%) percent for collection. The undersigned hereby releases all errors
and expressly waives all right to stay of execution, sequestration of
rents, and exemption of any property from levy or sale of execution under
any law or rules of court now in force or hereafter enacted. All of the
foregoing promises are the joint and several promises of the Undersigned
and shall bind the undersigned, their heirs, personal representatives,
successors and assigns. The Undersigned and all endorsers waive protest,
WILEY & BENN, P.C.
ATTORNEYS AT LAW
2~-2~ MUMPER LANE
DIL~BURG. PENNA. 17019
CUMPTi'(i .~!~i.: OOUNTY
;:~ [' N N S '! L '; ,. X i A
demand and notice of non-payment of this note.
The effect of this lien shall be restricted to Lot No. 4 of the Plan
for Lucille S. Smith Estate dated October 3, 1985, in Plan Book 49,
at page 148 B.
. FAIRVIEW CONSTRUCTION
BY: ~ X /~~ (SEAL)
WILEY & BENN, P.C.
ATTOB. NEY$ AT LAW
204-20~ MUMP£R LANE
DILLSBURG, PENNA. 17019
WAIVER OF RIGR~$
I, the undersigned, being duly sworn according to law, depose and
say:
A. I c~_earl¥ and specifically understand that by signing a Judgment
Note dated~~ ~I ~ q ~ , in the amount of Six Thousand
($6,000.00) Dollars payable to ENGLISH COURT DEVELOPI~NT, I~C. which
contains a Confession of Jud~ent clause:
1. I will authorize the Creditor to enter a judgment against me
and in its favor which will give the Creditor a lien upon any real estate
which I may o~, 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. I will agree that the Creditor can enter this judgment without
any proof of nonpa~ent or other default on my part;
4. I will subject all of my property, both personal property and
real estate, to execution ( and sheriff's sale), pursuant to this jud~ent,
prior to proof of nonpa~ent or default on my part;
5. I will be unable to challenge this jud~ent, should the Creditor
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.
B. I know and understand that it is the Confession of Judgment
clause in the above described note which gives the Creditor the rights
enumerated in subparagraphs 1 through 5 of paragraph A above.
IF I DO NOT SIGN A NOTE ~ICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE,
I UNDERSTA~ T~T I WOULD ~VE THE FOLLOWING:
1. ~e right to have notice and an opportunity to be heard prior
to judgment.
2. ~e right to have the burden of proving default rest upon the
Creditor before my property can be exposed to execution;
3. The right to avoid additional expense of attorney's fees and
costs incident to opening or striking of a confessed judgment.
C. Fully and completely understanding these rights which I have
WILEY & BENN, P.C.
A~ORNEYS AT LAW
2~-2~ MUMMER LANE
DILLSBURG, PENNA. 17019
prior to signing the above described note; and clearly aware that these
rights will be given up, waived, relinquished, and abandoned, if I sign
the note, I nevertheless 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 to the circumstances
described in paragraph A above.
WITNESS: I HAVE READ THIS ENTIRE FORM AND FULLY
..... FAIRVIEW CONSTRUCTION
WILEY & BENN, P.C.
ATTORNEYS AT LAW
204-206 MUMPER LANE
DILLSBURG, PENNA. 17019
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