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To: Cumberland Valley Cooperative
908 Mt. Rock road
Shippensburg, Pa. 17257
JUDGMENT NOTE I
From: Richard L. Myers
Ethel M. Myers
518 Forge Road
Boiling Springs,Pa.. 17007
$ 4.000.00
Date: Mav 25. 2006
Shippensburg, Franklin County, Pennsylvania
FOR VALUE RECEIVED, the undersigned promise to p 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 Ivania that any holder of this Note
may designate in writing, the sum of $4,000.00, with interest at 18.0Vo, from the date written above until
paid, subject to terms of an agreement of even date; provided, ho ever, 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 without premium or penalty.
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 afte maturity, there shall be paid to the
holder of this Note reasonable Attorney's fees of 15%, costs and ot er expenses incurred by the holder
in enforcing the terms of this Note.
The Makers, signers and endorsers of this Note severally aive, 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 un erstood 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 a y attorney or prothonotary of any
court of record in Pennsylvania or elsewhere to confess judgment ag inst 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; t at it was orally explained and fully
understood by the undersigned that the execution of a demand Note containing a confession of
judgment clause was a waiver of the right to have a prejudgment n tice and hearing, the right to have
the burden of proving default on Cumberland Valley Cooperative As ociation, 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 udgment clause knowing that the
aforesaid rights have been waived and that an execution may be iss ed on a judgment entered on said
confession against their property.
Witnes~. k~7.R Seal
Witne~~A &;.~r Seal ~ YJ1
SWORN TO..ltlD SUBSCRIBED B FORE ME
THIS~Ol!l- DAY OF " ,
EALTH OF PEN SYLVANIA
NolarlaI Se8I
Merle D. HIImIsh. Nolary bile
SolMIa.....' T"ll.. F County
MyOorMII""lu" EJ<pIreo Jan. 19,2008
Member, Pennsylvania Assoclatlo Of Notarle8
!
AGREEMENT
THIS AGREEMENT is made this 25th day of ~2006, by and between
CUMBERLAND VALLEY COOPERATIVE ASSO~IATION, an agricultural
cooperative association organized under the Coopera~ve Agricultural Association
Law of 1990, hereinafter SELLER, with a principal place f business at 908 Mt. Rock
Road, Shippensburg, Franklin County, Pennsylvania, 1 257; and Richard L. Mvers
and Ethel M. Mvers. adult individuals, hereinafter PUR HASER, who reside at 518
Foroe Road. Boilina Sorinas. Pa. 17007.
R E C IT A L S:
R1. PURCHASER is a member of SELLER Co perative Association; and
R2. PURCHASER desires to buy certain supp ies from SELLER on credit
with favorable rates of interest; and
R3. SELLER is willing to extend to PURCH ER 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 wh ch is hereby acknowledged
and intending to be legally bound, the parties agree as fol ows:
1. SELLER will provide to PURCHASER suc 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
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amount with interest at 18% per annum payable on the ecember 15 2006, a copy
of 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 princip I amount.
3. Notwithstanding the tenns of the Judgmen Note, SELLER will accept
interest at 11.0% per annum, hereinafter "discounted ra ", on the unpaid balance of
PURCHASER's account with SELLER so long as the
accrued interest by the December 15. 2006.
4. In the event that PURCHASER does no 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 w 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 in excess of the actual credit extended to
PURCHASER with interest thereon.
6. The discounted rate is extended to PU CHASER on the express
condition that payment of the account in full be made by t e December 15. 2006.
7. Commencing the date of this Agreement nd continuing for one year
thereafter, PURCHASER will buy from SELLER such fe i1izer, weed control or pest
control products which he shall require from SELLER.
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8. In order to ensure payment of the oblibations as set out herein,
PURCHASER shall obtain a crop insurance policy f m an insurance company
acceptable to SELLER in an amount of at least $4 000. 0 and shall name SELLER
as an additional loss payee as its interest may appear an~ shall provide to SELLER a
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copy of the declaration page and receipt for payment of he premium within ten days
of the date of this Agreement.
9. Beginning on the first of each month ollowing the date of this
Agreement, and continuing on the first of each month th reafler until payment in full
pursuant to the terms of this Agreement, PURCHA ER will pay to SELLER
installment payments of $Q per month which shall be pplied 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 term of one 1) year and shall not renew
absent a separate written Agreement of the parties.
12. PURCHASER shall not provide to any oth r person an interest in any
crop planted prior to the payment date set out herein w hout the written consent of
SELLER. Further, SELLER shall offer PURCHASER he option of entering into a
forward contract, according to the terms of which he hall sell to SELLER at an
agreed upon price, so much of his crop as the parties sh II determine. 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 s II grain to any other person
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within seven days of making such Agreement. Suth a sale may cause the
PURCHASER delay in meeting the terms of this Agreem nt.
13. This contract is made in the Commonweal h of Pennsylvania and shall
be govemed by the law of the Commonwealth of Pennsyl ania.
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14. The terms 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 seve ble from the rest. In the
event that one provision is determined to be unenfo eable, the balance of the
provisions shall remain in full force and effect.
16. This Agreement supersedes all prior ral and written promises,
agreements, representations and conditions not containe herein.
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IN WITNESS WHEREOF, the parties hereto havel set their hands and seal the
day and date first above written.
Witness:
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Attest:
/?~ j)~
Treasurer
,
CUMBERLAN VALLEY
COOPERA TIV ASSOCIATION
By:
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Cumberland Valley Cooperative
In the Court of Common Pleas of
Cumberlud Cout)', PeJULSylvania
Plaintiff'
VB.
Richard L. Myers
Ethel M. Myers
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for S 4,000.00
I
ludgmant in favor ofPlain1ifi" on
6/1/2006
No.
3133
, 2006
C)",l
Tc:nn
Defendlnt
Cumberland'Valley Cooperative
in the above Judsment. do appear lIIId acknowledge that we
Richard L. Myers and Ethel M. Myers
the dcfcudlnt in the above Judgment, fun paymr:Dt and satiSfacliOll of the same, with interest and casU, and desired that satisfaction
therefore sball be enu:n:d upon the records thereof.
Plaintiff
this day have had me! received and from
And iimbcr, we do hereby aulhorize and empower Cu r tis L. Long the
Prothonotary of said Court, to appear us me! in our
name: and stead to enter full satisfaction upon the record of said ludgmaDt, as fully and effcc:tually, to aD intents and purposes, as
we could were we paaonaUy present in penon to do so. And for so doing this sball be your
sufficient warrant of authority.
ID telCimeDY wlaereor.
March ,A.D.20~.
I
have hcRunto
30th
set our hands and seala 1hia day . of
/A?~ /) /k ~tre'/k~
,
(Seal)
(Seal)
State ofPeIIUYhuJa }
Coa.nty of Camberlaod,}
Personally appc:lD'Cd before: me, the subscriber,
(ner)e '). BlLrnJ5h
the PIainti.tr in the
above Judgment, and in due form oflaw acknowledged the within and foresoins Power of Attorney to satisfy the Judgment set forth,
to be b:i,:)act IIId deed, IIId dcsinxi that the same shall be filed ofrcccnl in the office of the ProtbonoWy of the Court of Common
Pleas of said County,
kD,d}_--I__"my~.. it o:~ ~
COMMON EALTH Of PENNSYlVAt~if\
NOTARIAL SEAL
DEBORAH WARREN, Notary Public
ShlDMl1lbur. Twp" Cumberland County
MY' Comml.Alon Ex tr.s Nov. 8 2009
(Seal)
No.
3133
2006 Term
:: ::~.::: ::.. N:I J:J J::r: 1J ::.7 JfJJ:JJ:' 1.'11 J.'.:[[1.T 11:,'..".: r: J: r: :!::
POWER OF ATTORNEY
To Satisfy a Judgment
Cumberland Valley Cooperative
VS.
Richard L. Myers
Ethel M. Mvers
Filed
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