HomeMy WebLinkAbout06-1765
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$55,000.00
March 24, 2006
NOTE
Yanek Custom Homes, Inc. ("Borrower"), of Boiling Springs, Cumberland County,
Pennsylvania, hereby promises to pay to Raymond E. Diehl and Genevieve A. Diehl, husband
and wife, and Donald E. Diehl and Suzanne Diehl, husband and wife, ("Holder") of
Carlisle, Cumberland County, Pennsylvania their heirs, successors and assigns, Fifty-five
Thousand Dollars ($55,000.00), without interest, by paying Fifty-five Thousand Dollars
($55,000.00) upon the sale and settlement, or rental of the residence to be built on Lot 2,
Phase One - The Plan of Netherby, South Middleton Township, Cumberland County,
Pennsylvania but in no event later than one (1) year from the date ofthis Note.
In the event of default by Borrower, interest shall accrue and be payable at the rate of
Wall Street Journal Prime plus three percent (3%).
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 DEF AUL T IN THE PAYMENT DUE
HEREUNDER, BORROWER DOES HEREBY AUTHORIZE 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 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 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 ST ATE
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,
.
WAIVER
IN EXECUTING THIS NOTE, BORROWER UNDERSTANDS THE TRANSACTION,
AND KNOWINGLY AND VOLUNTARILY 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.
WITNESS:)
,9~
YANEK~USTOM'MES, INC.
---- -/. -~
Yanek Olstan Hares, rnc.
8 S. Ridge Rrnd
Boiling Spings, PA 17007
RaJ'TOnd E. Diehl et al
c/o Donald Diehl
4 East High street
Carlisle, PA 17013
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SAIDIS,
FWWER &
LINDSAY
~AT'IAW
26 Wesr High Streer
Carlisle, PA
RA YMOND E. DIEHL AND
GENEVIEVE A. DIEHL AND
DONALD E. DIEHL AND
SUZANNE DIEHL,
Plaintiff
v.
Y ANEK CUSTOM HOMES, INC., :
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, P A
: DOCKET NO. 2006-01765
PRAECIPE
Please enter my appearance in the above-captioned matter..
DATED: Cf I~, f () Co
RESPECTFULL Y SUBMITTED,
SAID IS, FLOWER & LINDSAY
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George . Douglas, Esq.
Attorney ID #61,886
26 West High Street
Carlisle, PAl 7013
717) 243-6222
Attorney for Plaintiff
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SAIDIS,
HOWER &
LINDSAY
ATIDRNEYS.AT.IAW
26 West High Street
Carlisle, PA
RA YMOND E. DIEHL AND
GENEVIEVE A. DIEHL AND
DONALD E. DIEHL AND
SUZANNE DIEHL,
Plaintiff
v.
Y ANEK CUSTOM HOMES, INC., :
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PA
: DOCKET NO. 2006-01765
PRAECIPE
Please mark the above-captioned matter paid in full and satisfied.
DATED: ? /21 IO-l
RESPECTFULL Y SUBMITTED,
SAIDIS, FLOWER & LINDSAY
~L. ~,(~1M
George F. Douglas, sq.
Attorney ID #61,886
26 West High Street
Carlisle, PA 17013
717) 243-6222
Attorney for Plaintiff