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Home My WebLink About06-3477 . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW GENEVIEVE DIEHL, Plaintiff MICHAEL C. & BROOK E. DIEHL, Defendants . : NO. 2006 -31/71 CIVIL TERM NOTE Whereas on Apri/12, 2006, a judgment by confession was entered by the plaintiff and against the defendants; and Whereas, Michael C. Diehl and Brook E. Diehl requested the partial release of the lien of this note in order to negotiate additional financing arrangements; and Whereas on June 15,2006, plaintiff did execute a partial release, withdrawing the lien of this judgment from Michael C. Diehl and Brook E. Diehl pursuant to said request; and Whereas, Michael C. Diehl and Brook E. Diehl have entered into the additional financing arrangements referred to above and are prepared to re-affirm the original obligation to the plaintiff; accordingly This Note fully ratifies and affirms the previous Note executed by Michael E. Diehl and Brook E. Diehl, on or around November 3, 2004, which was previously filed on April 12, 2006 to docket number 2006-2061 and partially withdrawn on June 15, 2006, as follows: Michael C. Diehl and Brook E. Diehl, his wife, their heirs and assigns (hereinafter "Borrower"), of 7 Joseph Drive, Boiling Springs, Pennsylvania, 17007, Cumberland County, hereby promise to pay to Genevieve A. Diehl, her heirs and assigns, (hereinafter "Holder") of 401 Myers Road, Boiling Springs, Cumberland County, Pennsylvania 17007, the sum of One Hundred Thousand Dollars ($100,000), together with interest at Prime Plus Two Percent (2%) per annum on or before December 31, 2006. ON DECEMBER 31, 2006, THIS NOTE CAN BE RENEGOTIATED IF, AND ONLY IF, THE PARTIES CAN AGREE ON ADDITIONAL TERMS AND CONDITIONS. Payments: Payments shall be made on the 1st day of each month, beginning on December 3, 2004. Monthly payments will be applied first to interest as provided above and then to the balance of the principal. If on December 31,2006, there is a principal balance remaining, Borrower will pay that amount in full, together with any accumulated interest thereon, on that date which is called the Maturity Date. ~ Default: If Borrower does not pay the full amount of each monthly payment on the date it is due, Borrower will be in default. If Borrower is in default, the Holder may require Borrower to pay immediately the full amount of principal which has not been paid and any accumulated interest thereon. LATE PAYMENT: If the Holder has not received the full payment of any monthly payment by the end of fifteen (15) calendar days after its due date, Borrower will pay a late charge to the Holder. The amount of the charge will be five (5%) percent of the overdue payment of interest and principal, if due. Borrower will pay this late charge promptly, but only once on each late payment. NO WAIVER BY HOLDER: Even if, at a time when Borrower is in default the Holder does not require Borrower to pay immediately in full as described above, the Holder will still have the right to do so if Borrower is in default at a later time. PAYMENT OF HOLDER'S COSTS AND EXPENSES: If the Holder has required Borrower to pay immediately in full, the Holder will have the right to be paid back by Borrower for all costs and expenses in enforcing this Note to the extent not prohibited by applicable law, These expenses include, for example, reasonable attorney's fees. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER: If all or any part of Borrower's Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower's property is sold or transferred) without Holder's prior written consent, Holder may, at her option, require immediate payment in full of all sums secured by this Note. If Holder exercises this option, Holder shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed, or on the date of settlement. whichever first occurs, within which Borrower must pay all sums secured by this Note. If Borrower fails to pay these sums prior to the expiration of this period, Holder may invoke any remedies permitted by this Note without further notice or demand on Borrower. CROSS DEFAULT: In the event of a default, as defined in this Note, the entire unpaid balance of the principal debt, additional loans or advances and all other sums paid by Holder to or on behalf of the Borrower pursuant to the terms of this Note, together with unpaid interest thereon, shall at the option of the Holder and without notice become immediately due and payable. NON ASSIGNMENT: This Note cannot be assigned without the prior written approval of Holder. Holder is under no obligation to give such consent and may withhold said consent at its option. Notice, damand, presentment, or protest is expressly waived by Borrower. Borrow 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 DEFAULT 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 APPLlCA nON 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 STATE NOW IN FORCE OR WHICH ARE PASSED HEREAFTER. NO SINGLE EXERCISE OF THi:: 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 MAY BE 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. BORROW HEREBY CERTIFIES THAT THEY HAVE EARNINGS OF $10,000 OR MORE PER YEAR. Witnesses my hand and seal the day and first year above written, ~~ . ~ . ~8/ ~4.UP~t~/G~ Michael C. DIehl Date I~~= ['~Lf (,p-(1~ ~ ok E. Diehl Data ~ ~ ~ t.J tl .... ~ ~ -.....J "'9. -. :-0 (9 -r.J F "b ~ l 0 ,-> 0 (;---~ C- ':.,.) 'n ; ,_J' , (-:::. _-1 -r} -, \11 " ( -~- -;"\ rnF'::' ,'r-';"i'l - _i-~d -.P .^,: i ,~),() _.,...)-"11 -n -, -n ("') .---? (n N A -'.?" (.;':"1 ::J:1 ;:- '-< f}i ~ e e r--- -c> =b '" o MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 W. POMFRET STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFF RAYMOND DIEHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 2006 -3477 CIVIL TERM MICHAEL C. & BROOK E. DIEHL, Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment settled and satisfied upon the payment of your costs only. Date: LZ/\?-DCo ~ BAYLEY & MANGAN 57 W. Pomfret Street Carlisle, P A 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff .i RAYMOND DIEHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006 -3477 CIVIL TERM MICHAEL C. & BROOK E. DIEHL, Defendants CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiffs do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael C. & Brook E. Diehl 7 Joseph Drive Boiling Springs, P A 17007 Dated: j 2> ~ -/ ()(p i~ Mark F. Bayley, Esquire Attorney for Plaintiff o ~ ~; ~ ,...., = = 0"' CJ rrl (J , CO o -1'1 --l X" fl1r: ~OOJ '-i) '"1..: ~~ ~ S:5 -< -0 3': ;;;:- \D