HomeMy WebLinkAbout06-3130
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To: Cumberland Valley Cooperative
908 Ml Rock road
Shippensburg, Pa 17257
JUDGMENT NOTE
From: Dale L. Hair
Emma R. Hair
104 Hair Road
NewvUIe, Pa. 17241
$ 41.990.00
: December 27, 2005
Shippensburg, Franklin County, Pennsylvania
FOR VALUE RECEIVED, the undersigned promise to Y to the order of CUMBERLAND
VALLEY COOPERATIVE ASSOCIATION, at 908 Mount Rock R ,Shippensburg, Franklin County,
Pennsylvania, or at any other place in the Commonwealth of Pen nis that any holder of this Note
may designate in writing, the sum of $41,990.00, with inl8rest at 18. %, from the date written IIbove until
paid, subject to terms of an agreement of even date; provided, ver, the maker or his SUccessolS
shaU not pay more than amounts actuaUy advanced on account, . interest, by Cumberland Valley
Cooperative Association.
The Maker shaU have the right to prepay the principal of . Note in whole or in part prior to its
due date without premium or penally.
If this Note is placed in an Attorney's hands for collection, or collected by a suit or through a
bankruptcy, probate or other Court proceeding, either before or maturity, there shall be paid to the
holder of this Note reasonable Attorney's fees of 15%, costs and r expenses incumld by the holder
in enfon:ing the terms of this Note.
The Makers, signers and endorsers of this Note severally ive, demand, presentment, notice
of dishonor, diligence in collection and notice of protest and agree to all extensions and partial payments
before or after maturity, without prejudice to the Holder.
The undersigned certifies that they were edvised and u derstood that they could have an
attorney examine the said Demand Note and any other documents in connection with the loan prior to
execution.
The undersigned hereby certifies in connection with the IIbove referred to secured by this
Judgment Note containing a confession of judgment authorizing ny attorney or prothonotary of any
court of rec;ord in Pennsylvania or elsewhere to confess judgment . the undersigned: that the loan
for which said Note was given is not a consumer loan; that the i of the undersigned (conjugal
income if both spouses executed the Note) is $10,000.00 or more; it was orally explained and fully
understood by the undersigned that the execution of a deman Note containing a confession of
judgment clause was a waiver of the right to have a prejudgment . and hearing, the right to have
the burden of proving default on Cumberland Valley Cooperative ", the Creditor, and the right
to avoid expenses attendant upon opening or striking a confessed . and that the undersigned
voluntarily executed the said Demand Note with a confession of judgment clause knowing that the
aforesaid rights have been waived and that an execution may be . on a judgment entered on said
confession againsItheir property.
Wllness
Seal
Wllness
Seal
SwORN ;.?cAND SUBSCRIBED BEFORE ME .. ../
T~:;Y;~~~~~
COMMONWE L TH OF PENNSYLVANIA
olanal Seal
Merle D. amish, Notary Public
Soulhampl Twp., Franklin County
My Commi ' Expires Jan. 19, 2008
Member, P~~o:'''-',' ,:>,~f.,::;,,,;,~:,: ::,x; ':'t NCii2ries
AGREEMENT
THIS AGREEMENT is made this 27th day 0 December, 2005, by and
between CUIIRERLAND VALLEY COOPERATIVE OCIAnON, an agricultural
cooperative association organized under the Coopera ive Agricultural Association
Law of 1990, hereinafter SELLER, with a principal place of business at 908 Mt. Rock
Road, Shippensburg, Franklin County, Pennsylvania, 1 257; and Dale L. Hair and
Emma R. Hair. adult individuals, hereinafter P ER, who reside at 104 Hair
Road. Newville. Pa 17241.
RECITALS:
Ri. PURCHASER is a member of SELLER C tive Association; and
R2. PURCHASER desires to buy certain sup lies from SELLER on credit
with favorable rates of interest; and
ER credit on terms more
in conditions are met.
promises contained herein
ich is hereby acknowledged
R3. SELLER is willing to extend to PURC
favorable than it would on its open accounts provided
NOW, THEREFORE, in consideration of the mut
and other good and valuable consideration, receipt of
and intending to be IegaJIy bound, the parties agree as
1. SELLER will provide to PURCHASER su
he or she shell require, including without limitation,
weed control products, at prices SELLER and PURC
time.
of his agronomy needs as
, pest control products and
R agree to from time to
2. PURCHASER shall execute a Judgmen Note in an agreed upon
amount with interest at 18% per annum payable on the anua 30 2007, a copy of
which is attached hereto as Exhibit "A", From time to time, upon the purchase of
additional agronomy needs by PURCHASER from , PURCHASER will
execute additional Judgment Notes increasing the princi al amount.
3. Notwithstanding the terms of the J Note, SELLER will accept
interest at 10.0% per annum, hereinafter "dl8counf8d ra ", on the unpaid balance of
PURCHASER's account with SELLER so long as the account is paid in full, with
accrued interest by the January 30. 2007.
4. In the event that PURCHASER does n t make payment in full as
aforesaid, the interest on the account shan revert to 8% as of the date of this
Agreement.
5. SELLER may file the Judgment Note to 'ch reference was made in
Paragraph 1 above, in the office of the Prothonotary for he Court of Common Pleas
of Cumberland County, Pennsylvania, or in any County' which PURCHASER owns
property. Notwithstanding the principal amount not on the Judgment Note,
SELLER shall not collect amounts in excess of
PURCHASER with interest thereon.
6. The discounted rate is extended to P
condition that payment of the account in full be made by e Januarv 30. 2007.
7. Commencing the date of this Agreement continuing for one year
thereafter, PURCHASER will buy from SELLER such
control products which he shaD require from SELLER.
2
8. In order to ensure payment of the obi ations as set out herein,
PURCHASER shall obtain a crop insurance policy f om an insurance company
acceptable to SELLER in an amount of at least ~ 1 990 00 and shall name SELLER
as an additional loss payee as its interest may appear a shall provide to SELLER a
copy of the declaration page and receipt for payment of premium within ten days
of the date of this Agreement.
9. Beginning on the first of each month following the date of this
Agreement, and continuing on the first of each month t reafter until payment in full
pursuant to the tenns of this Agreement, PURC SER will pay to SELLER
installment payments of $Q per month which shall be applied by SELLER first to
interest at the discounted rate and then to any p 'ncipal due and owing on
PURCHASER's account with SELLER,
10. This Agreement is made at SELLER's p 'ncipal place of business in
Franklin County, Pennsylvania.
11. This Agreement shall be for a tenn of one (1) year and shall not renew
absent a separate written Agreement of the parties.
12. PURCHASER shall not provide to any 0 r person an interest in any
crop planted prior to the payment date set out herein ithout the written consent of
SELLER. Further, SELLER shall offer PURCHASER he option of entering into a
forward contract, according to the tenns of which he hall sell to SELLER at an
agreed upon price, so much of his crop as the parties s II detennine. A copy of the
forward contract, if any, is attached hereto as Exhibit "B". PURCHASER shall advise
SELLER of any agreement made by PURCHASER to II grain to any other person
3
.'
within seven days of making such Agreement. S a sale may cause the
PURCHASER delay in meeting the tenns of this Agreem nt.
13. This contract is made in the Commonwea of Pennsylvania and shall
be govemed by the law of the Commonwealth of Pennsy vania.
14. The tenns of this Agreement shall inure to he benefit of and be binding
on the parties hereto and their heirs, executors, assigns, nd successors.
15. Each provision of this Agreement is se rable from the rest. In the
event that one provision is detennined to be unenfo ceable, the balance of the
provisions shall remain in full force and effect.
16. This Agreement supersedes all prior
agreements, representations and conditions not contain
ral and written promises,
herein.
4
.'
IN WITNESS WHEREOF, the parties hereto ha set their hands and seal the
day and date first above written.
Witness:
VALLEY
ASSOCIATION
Attest:
'"
By:
j~
/7~o/LL
Treasurer
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Cumberland Valley Cooperative
In the Court of Common Pleas of
}
PIaintift'
vs.
}
Dale L. Hair }
Emma R. Hair }
Cumberlud County, Penusylvania
Judgment in favor of P1ainti1f on 6/1/ 2006
forS 41,990.00
No. 3130
. 2006
C\", \
Tam
Dcfc:nclmt
Cumberland Valley Cooperative
in the above Judpnent. do IppelIT Il'Id Icla10wIedge that
Dale L. Hair and Emma R. Hair
the dcfi:nclmt in the above Judgment, fun payment md satis&cticn of the same. with interest md costs. and desired that satisfaction
1herefore shall be entr:red upon the records thereof.
we
P1aintiff
this day have had md received md from
And furtbc:r. we do bc:rcby authorize and empower Cu r tis R. Long the
Protboootary of said Court, 10 appear for us and in ou r
name and stead 10 enter t\IlI satisfaction upoIIthe recorcI of said ludllJlCllt, IS fully and ctrcctua1ly, 10 all intenlll md ]lUI1lO8eS. IS
we could MR we pcnona1ly prcIent in penon 10 do 10. And for 10 doing this shall be your
sufficient WIITlIIIt of IIItbority.
III telClmeDY wIIenor. ..!- have hereun10
March 07
. A.D. 20_.
set our hands IIId seals this 30th
/?~[) ~.
r
day of
~jfe.-
(ScaI)
(Seal)
State of PenuyMDla }
CoDaty of CumberlaDd,}
Personally appeared before me, the 8ubscriber..J'n-er- ~Ha.r n") sh
the Plaintiff in the
above Judgment, and in due form oflaw aclmowledged the within and foregoing Power of Attorney to satisfy the Judgment set forth,
to be ~ act and deed. and desired that the same shall be filed ofrecord in the office of the Prothonotary of the Court of CommcxI
Pleas of said County.
III tatImoDY wllereof, I have hereunto set. ~~ JS; 30 ~m ~
A.D.20a. (~lli
CoMMQN EALTH Of Pf.i'lPiS'tL'YMW\
NOTARIAL SEAL
DEBORAH WARRENINotar~ ~~b:
Ship tl1Sbura Twp.. Cumberlan o~
~ 8ommisSlon botr.' Nov. 8, 2
(Seal)
(Seal)
No.
3130
2006 Term
II A :I,IN.:II:"N::r:::. :'.:r.:J:.::iM' :.\W..l;IJ.:.u ::.... fJ:: !fil!f
POWER OF ATTORNEY
To Satisfy a Judgment
Cumberland Valley Coooerative
vs.
n;:il p 1. H;:i;T
Emma R. Hair
Filed
20_
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