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HomeMy WebLinkAbout06-2060Raymond Diehl V. Jonathan S. Diehl Fred Miller judgment Note $ J 0 000 - ^^ o ?rv- , Pennsylvania Dated: O+? ON DEMAND, I/we promise to pay to A n its/their e e h l heirs/successors and assigns, the sum of F ?{ TFw?.ttirl and 00/100 ($ •?5? ??-) Dollars without defalcation, value received, without interest (OR at the rate of ( % ) per cent per annum). AND FURTHER, 11we do hereby authorize and empower the Prothonotary or any Attorney of any Court of Record of Pennsylvania or elsewhere to appear for an enter judgment against me/us for the above sum, with or without declaration, with costs of suit and reasonable attorney fees, release of errors, without stay of execution, and 1/we hereby agree 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 I/we voluntarily condemn same, and authorize the Prothonotary to enter said voluntary condemnation upon the Writ of Execution and further hereby waive and release all relief from any and all appraisements, stay or exemption laws of any State now in force or which are passed hereafter. WAIVER IN EXECUTING THIS NOTE, 1/WE UNDERSTAND THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVE MY/OUR RIGHTS TO CONTEST THE ENTRY OF THIS JUDGMENT AGAINST ME/US IN COURT, AND DO HEREBY CONSENT TO THE ENTRY OF THIS JUDGMENT BY CONFESSION. Witness my hand and seal the day and year first above written. WITNESSES: -- !7 7 v / (SEAL) (SEAL) l Sea ) COMMONWEALTH OF PEN Y NIA: COUNTY OF GU rv. kkv TM ?? Simultaneously with the execution of this affidavit this of 1 / ecevvOoer ,gQ<_, I am/we are signing and giving a judgment note in the amount of $ aLt.CL )DO u a my/our real and personal estate as collateral for that amount. (Initials) Representatives of have explained to me/us that this Notice contains wording that will permit the entry of said judgment against me/us at the Court House whether or not said note is in default, without notice to me/us and without giving m?us an opportunity `to defend against the entry of judgment; and that the judgment may be enforced by any legal means. (Initials) In executing this note I am/we are knowingly, understandingly and voluntarily waiving my/our rights to resist entry of judgment against me/us at the Court House and my/our rights to the confession of said judgm L „f) q 1, (Initials) _(?o I/we certify that my/our annual income exceeds Ten Thousand J$10,000) Dollars, that I am/we are not in the military service and that I/we have received a fully executed copy of the Judgment Note. ,a,,'{? (Initials) _'1','_l"\?`I Address of Debtor is Pennsylvania, and the address of the Creditor is n.o.,. ) .n„ ;. (SEAL) (SEAL) "This form recommended and approved for, but not restricted to, use by members of the Great r Harrisburg Board of REALTORSe " HJN 82 11/91 F??? t> J :i K ln/ V\ R 1 ? j w A .r, s r } s R v QIC M 4 RAYMOND DIEHL, Plaintiff V. MICHAEL C. DIEHL, JONATHAN S. DIEHL & FRED MILLER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 - 2060 CIVIL TERM PARTIAL RELEASE OF JUDGMENT LIEN Whereas, on April 12, 2006, confession of judgment was entered in the amount of $50,000 in favor of Raymond Diehl and against Michael C. Diehl, et al., in the Court of Common Pleas of Cumberland County and filed to the above term and number; Now, at the instance and request of Michael C. Diehl, and in consideration of the sum of $1.00 paid by them, receipt of which is hereby acknowledged, and intending to be legally bound hereby, Raymond Diehl, for himself, his heirs and assigns, hereby withdraws the above stated judgment, only insofar as it pertains to Michael C. Diehl. This partial release has no effect on the confession of judgment as it applies to the other defendants. In witnesses whereof, I have set my hand and seal this 15th day of June, 2006. Witness Sworn d subscribed before me This 1;1day of June, 2006. Notary Public ........... NOTARIAL SEAL HAROLD S, IRWIN, III, NOTARY PUBLIC ;ARLISLE BOROUGH, COUNTY OF CUMBERLAND '!Y COMMISSION EXPIRES OCTOBER 22 2006 R and Diehl C RAYMOND DIEHL, Plaintiff V. MICHAEL C. DIEHL, JONATHAN S. DIEHL & FRED S. MILLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 -2060 CIVIL TERM CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Partial Release of Judgment upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael C. Diehl 7 Joseph Drive Boiling Springs, PA 17007 Jonathan S. Diehl 629 S. Hanover St. Carlisle, PA 17013 Fred S. Miller 13 Mt. Allen Road Mechanicsburg, PA 17055 J Dated: AeQ-?' Mar F. Bayley, Esquire Attorney for Plaintiff T L 3C_r O -. CD ..r 14 RAYMOND DIEHL, Plaintiff, VS. MICHAEL C. DIEHL, JONATHAN S. DIEHL & FRED MILLER Defendants To the Prothonotary, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 2060 CIVIL TERM PRAECIPE TO SATISFY Please satisfy the above referenced judgment. Thank you. Respectfully submitted, BAYLEY & MANGAN Date: Io'L1,U? U?s Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 .- RAYMOND DIEHL, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW MICHAEL C. DIEHL, NO. 2006 - 2060 CIVIL TERM JONATHAN S. DIEHL & FRED MILLER : Defendants CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Praecipe To Satisfy upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael C. Diehl 7 Joseph Drive Boiling Springs, PA 17007 Jonathan S. Diehl 629 S. Hanover St. Carlisle, PA 17013 Fred S. Miller 13 Mt. Allen Road Mechanicsburg, PA 17055 Dated: OL-A , Mark F. Bayley, Esquire C F ? - } rs1 f r _: ~ r? ??