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JUDGMENT NOTE
FOR VALUE RECEIVED, D. Curtis Wiser, (hereinafter referred to as "Maker")
hereby promise to pay to the order of Douglas E. Wiser (hereinafter referred to as
"Holder") the principal sum of Twenty Thousand and 00/100 ($20,000.00) Dollars,
Payment of the entire principal balance shall be made without interest and without
defalcation or offset and shall be due and payable in full ON DEMAND, but in no event
any later than the sale of either of the following properties:
1100 Greenspring Road, Newville, PA
399 Carlisle Road, Newville, PA
Payment of the principal due hereunder shall be made only in lawful money of the
United States of America and in such places as may be designated in writing by Holder,
Maker shall be in default if Maker fails to make the payment of principal when the
same shall become due and payable, without further presentment or demand, notice of
protest or other notice of dishonor of any kind, all of which are expressly waived by
Maker, In the event of a default Maker shall be required to pay said entire principal
balance together with default interest thereon at the rate of seven (7%) percent per
annum from the date of default until the principal, interest and default interest are paid
in full and further together with any reasonable attorneys fees and costs incurred by
Maker in the collection of said principal sum and the default interest provided for herein,
Maker hereby empowers and authorizes, without power of revocation, the
Prothonotary or any attorney of any court of record within the United States or
elsewhere to appear for Maker, his successors or assigns, in any court or record, and
without the requirement of an occurrence of an event of default, with or without
declaration filed, to waive process and service thereof and to confess judgment in favor
of the Holder of this Note for the unpaid balance of principal amount hereof and interest
to accrue hereunder together with all costs of suits and reasonable attorney's
commission, with release of all errors and rights to appeal which may intervene in any
such proceeding and to consent to the immediate execution upon such judgment, an
inquisition and extension upon any levy upon real estate are hereby waived and
condemnation agreed to, and the exemption of personal property from levy and sale on
any execution hereon is also herein expressly waived, and no benefit of exemption shall
be claimed under or by virtue of any exemption laws now in force or which may
hereafter be enacted, Maker expressly ratifying and confirming all that said attorney
may do by virtue hereof, The foregoing notwithstanding, no attorney's commission shall
be payable unless Maker default in the payment of the sums due hereunder,
This Note is security for the repayment of a commercial loan and is not a
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consumer credit transaction, This Note shall bind Maker, his successors and assigns and
the benefits hereto shall enure to Holder, his heirs, personal representatives, successors
and assigns,
IN WITNESS WHEREOF, and intending to be legally bound hereby the undersigned
has caused this Note to be executed the day and year first above written.
O(~~ruti~YltLu/}
D, CURTIS WISER
(SEAL)
WITNESS
DATE: ~ !/ou
II vo btLC{AS';'~) Ko~
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EXPLANATION OF RIGHTS AND DISCLOSURE FOR CONFESSION OF JUDGMENT
A, I clearly and specifically understand that by signing a Note of even date herewith
in the amount of $10,000,00 payable tOIi;> E. Wiser, which contains a
"Confession of Judgment" clause, Initial' . That Confession of Judgment
clause provides for the following:
1,
I authorize Holder to enter Judgment against me/us in favor of Holder at
the Courthouse upon default, which will give Holder a lien upon a~ / )
estate which I/we may own, including my/our own home. Initials~1-
2,
I give up the right to any notice or opportunity to be hear~!i;1t' ihe
entry of the judgment on the records of the court, Initials ~{/
I agree that Holder can enter judgement without an{'~D#I'lOn-payment
or proof of other default on my/our part. Initials~{/
3.
4.
I subject all of my property, both personal property and real esta.yte to
execution (and sheriff's sale), pursuant to this judgment, pr~Xf of
non-payment or proof of other default on my part. Initials~~
5.
I will be unable to challenge this judgment, should any Holder enter it,
except by ~i?~ to open or strike the judgment; and such a
proceeding w . ~ tJ,/,attorneys fees and costs which I/we will have to
pay, Initials V
I know and understand that it is the Confession of Ju~ause which
gives Holder the rights enumerated above, Initials~:=J'{/
6.
B, I fully and completely understand these rights which I have received prior to
signing the above described Note and am clearly aware that these rights will be
given up, waived, relinquished and abandoned if I sign the Note. Nevertheless,
I freely, knowingly, understandingly, and voluntarily choose to sign the Note, my
intention being to give up, waive, relinquish and abandon my known rights (as
described in herein) and subject myself to the circumstances described
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C. I certify that my income is at least Ten Thousand ($10,000,00) Dollars annually
and that any blanks in this Disclosure were filled in and completed at the time I
initiale~s1J'd it and that I received a copy at the time of signing,
Initia~
()~ ~#AtIc1
D, CURTIS WISER
DATE: cft.! Jo &
(SEAL)
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In the Court of Common Pleas of
Cumberland County, Pennsylvania
Nof-)[Q- !5 t C)" Civil Term
PRAECIPE
bn? RA 9?1
Z
-C t o
David D. Buell, Prothonotary
Attomey Info:
20 !
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for Plaintiff p is