HomeMy WebLinkAbout06-3131
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To:
Cumberland Valley Cooperative
908 Mt Rock road
Shippensburg, Pa. 17257
JUDGMENT NOTE
From: Jason G. Haycock
76 Goodhart Road
Shippensburg,Pa.. 17257
Shippensburg, Franklin County, Pennsylvania
h~3/31 ~~
$ 15.000.00
Date: ADri127. 2006
FOR VALUE RECEIVED, the undersigned promise to y to the order of CUMBERLAND
VALLEY COOPERATIVE ASSOCIATION, at 908 Mount Rock R d, Shippensburg, Franklin County,
Pennsylvania, or at any other place in the Commonwealth of Penn ylvania that any holder of this Note
may designate in writing, the sum of $15,000.00, with interest at 18. %, from the date written above until
paid, subject to tenns of an agreement of even date; provided, h ver, the maker or his successors
shall not pay more than amounts actually advanced on account, ith interest, by Cumberland Valley
Cooperative Association.
The Maker shall have the right to prepay the principal of thi Note in whole or in part prior to its
due date w~hout premium or penalty.
If this Note is placed in an Attomey's hands for collection, or collected by a suit or through a
bankruptcy, probate or other Court proceeding, e~her before or afte maturity, there shall be paid to the
holder of this Note reasonable Attorney's fees of 15%, costs and 0 er expenses incurred by the holder
in enforcing the tenns 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 advised 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 loa above referred to secured by this
Judgment Note containing a confession of judgment authorizing y attorney or prothonotary of any
court of record in Pennsylvania or elsewhere to confess judgment ainst the undersigned: that the loan
for which said Note was given is not a consumer loan; that the in me of the undersigned (conjugal
income if both spouses executed the Note) is $10,000.00 or more; at 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 lice and hearing, the right to have
the burden of proving default on Cumberland Valley Cooperative iatien, the Creditor, and the right
to avoid expenses attendant upon opening or striking a confessed 'udgment 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 i ued on a judgment entered on said
confession against their property.
Witness ~ c-:_ ~ (.. Seal
SWORN TOf.ND SUBSCRIBED BEFORE ME
THIS;;l. ~ DAY OF L' ;:u;o.i .
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AGREEMENT
THIS AGREEMENT is made this 27th day of ril 2006, by and between
CUMBERLAND VALLEY COOPERATIVE ASS IAnON, 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 57; and Jason G. Havcock
an adult individual, hereinafter PURCHASER, who ides at 76 Goodhart Road.
ShiDoensbura. Pa. 17257.
RECITALS:
Ri. PURCHASER is a member of SELLER C perative Association; and
R2. PURCHASER desires to buy certain sup lies from SELLER on credit
with favorable rates of interest; and
R3. SELLER is willing to extend to PURCH SER credit on terms more
favorable than it would on its open accounts provided ce ain conditions are met.
NOW, THEREFORE, in consideration of the mutu I promises contained herein
and other good and valuable consideration, receipt of ich is hereby acknowledged
and intending to be legally bound, the parties agree as to lows:
1. SELLER will provide to PURCHASER su of his agronomy needs as
he or she shall require, including without limitation, fertiliz r, pest control products and
weed control products, at prices SELLER and PURCH SER agree to from time to
time.
2. PURCHASER shall execute a Judgmen Note in an agreed upon
amount with interest at 18% per annum payable on the
which is attached hereto as Exhibit "A". From time to time, upon the purchase of
additional agronomy needs by PURCHASER from S LLER, PURCHASER will
execute additional Judgment Notes increasing the princi
3. Notwithstanding the tenns of the Judgmen will accept
interest at 10.5% per annum, hereinafter "discounted 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 Januarv 15. 2007.
4. In the event that PURCHASER does n make payment in full as
aforesaid, the interest on the account shall revert to 8% as of the date of this
Agreement.
5. SELLER may file the Judgment Note to ich 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 i which PURCHASER owns
property. Notwithstanding the principal amount not on the Judgment Note,
SELLER shall not collect amounts actual creclit extended to
PURCHASER with interest thereon.
6. The discounted rate is extended to P CHASER on the express
condition that payment of the account in full be made by e Januarv 15. 2007.
7. Commencing the date of this Agreement nd continuing for one year
thereafter, PURCHASER will buy from SELLER such rtilizer, weed control or pest
control products which he shall require from SELLER.
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8. In order to ensure payment of the obli ations as set out herein,
PURCHASER shall obtain a crop insurance policy m an insurance company
acceptable to SELLER in an amount of at least $15 000. 0 and shall name SELLER
as an additional loss payee as its interest may appear an shall provide to SELLER a
copy of the declaration page and receipt for payment of e 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, PURCH ER will pay to SELLER
installment payments of $150.00 per month which shall 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
crop planted prior to the payment date set out herein ut the written consent of
SELLER. Further, SELLER shall offer PURCHASER e 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
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within seven days of making such Agreement. Su a sale may cause the
PURCHASER delay in meeting the terms of this Agreem nt.
13. This contract is made in the Commonwea h of Pennsylvania and shall
be govemed by the law of the Commonwealth of Pennsy
14. The terms of this Agreement shall inure to benefit of and be binding
on the parties hereto and their heirs, executors, assigns, nd successors.
15. Each provision of this Agreement is sey ble from the rest. In the
event that one provision is determined to be unenfo able, the balance of the
provisions shall remain in full force and effect.
16. This Agreement supersedes all prior written promises,
agreements, representations and conditions not contain herein.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seal the
day and date first above written.
Witness:
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Attest:
/?/A2f)1~
Treasurer
VALLEY
ASSOCIATION
By:
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Cumberland Valley Cooperative In tbe Court of Common Pleas of
} Cumberland County, PeDDSylvauia
Plaintiff
VS.
Jason G. Haycock
Judgmcnt in fAvor of Plaintiff on 6 /1 / 2006
fOl's15.000.00
No.
3131
2006
Civil
Term
Dcfcudmt
Cumberland Valley Cooperative
in the above Judgment, do IIppQf and acknowledge that
Jason G. Haycock
the dcfeodant in the above Judgment, fun payment and satisfactian of the same, with interest and costs, and cIcsircd that satisfaction
therefore shaD be entered upon the records thereof.
we
Plaintiff
this day have had and received and from
And fur1bcr, I do hereby authorizllInd c:mpowa- Curtis L. Lon~ the
Prothonotary of said Court, to -wear for us and in ou r
IW!lIl and Itead to enter full satisfaction upon the record of said Judgment, as fully and c1Ycctua11y, to aD intents and PlllJlOlCS, as
we could wac we pcrscma11y present in person to do so. And for 50 doing this shall be your
sufficient WIITlIDt of authority.
III teldmeDY whereof, .!- have
March 07
. A.D. 20_.
hereunto set our bands and seals this 30 t h day . of
Lj~ D //-.;c. ~fr.,/ fer(SeaJ}
,
(Seal)
(Seal)
State of PeusyMola }
CoaDty of C1Imberlaad,}
Persona1lyappearedbefon:mc, the subscriber, fY)e..rl~ D )..\a.rn lsh
the Plaintiffin the
above J~gmcnt, and in due form of law aclmow1cdged the within and foresoing Power of Attorney to satisfy the Judgment set forth,
to be h)S act and cIccd, and desired that the: same shall be tiled ofrecard in the office of the Prothonotary of the Court of Conunon
Pleas of said County,
III tadmooy wllenof, I have hereunto sctmyband ~1his lJ~ ~ ~
A.D. 20.6]. . \. 1\ . _
\...A..h.J\J\a (Seal)
EA\.TH Of PENNS~L'I~1t\ (Seal)
C~ . ARIAL SEAL
N~lRRENNotary Public
DEBORAH . Cumberland CO~
fJ'I$l8::~~~\I~~lPlfl' Nov. 8 2
No.
3131
2006
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POWER OF ATTORNEY
To Satisfy a Judgment
Term
Cumberland Valley Cooperative
vs.
Jason G. Haycock
Filed
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20_
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