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HomeMy WebLinkAbout02-2045PROMISSORY NOTE $75,910.20 Date: ~ ~ 2002 For value received the undersigned, Frank H. Kelly and Karen L. Kelly of 240 Poplar Avenue, New Cumberland, Pennsylvania (hereinafter referred to as "Maker"), promises to pay to the order of Eichelberger Construction, Inc., a Pennsylvania corporation with offices at 124 West Church Street, Dillsburg, Pennsylvania, 17019 (hereinafter referred to as "Lender"), its heirs, executors, administrators, legal representatives, successors and assigns, the amount of Seventy Five Thousand Nine Hundred Ten Dollars and 20 Cents ($75,910.20), together with interest at the rate of prime rate plus 2% per year on the unpaid balance of the principal sum until paid. The undersigned further promises to pay the principal sum and interest in installments as follows: $10,000.00 on or before February 28, 2002; $15,000.00 on or before March 31, 2002; and $50,910.20 on or before April 20, 2002. The Maker shall have the right to prepay the principal balance and any accrued but unpaid interest, in full or in part, at any time without prepayment penalties. The interest shall be calculated at the above-stated interest rate and the rate of interest will be calculated on a daily basis on the unpaid balance for the actual number of days that the principal balance shall be outstanding, unless the maker fails to make a payment or payments as set forth hereinabove in which case the interest will accrue at the rate of 18% per annum. In the event the scheduled payment is not received by the Lender on or before the dates set forth hereinabove, the Note shall be deemed in default. The indebtedness shall, thereafter, become immediately due and payable without notice or demand. In addition, the indebtedness shall become immediately due and payable upon the happening of the following events, each of which constitutes an event of default hereunder: (a) the death of the Maker; (b) the filing of any petition under the Bankruptcy Act or any similar state or federal statute, by or against the Maker; (c) the filing of any application for the appointment of liquidator or receiver; (d) the making ora general assignment for the benefit of creditors or by the insolvency of the Maker; (e) the issuing of any attachment or garnishment, or the making of any levy or the filing of any lien against any real property of the Maker; (f) the taking of possession of any substantial part of any real property of the Maker at the instance of any governmental entity or authority; (g) the Maker, without the approval of the Lender, entering into any agreement to sell, refinance or mortgage any real estate in which the Maker has an interest; or (h) the default by Maker of any other note or obligation to Lender. Lender is hereby given a lien upon and a security interest in all property as security for the payment of this Note, provided, however, this Note will not be recorded unless Maker is in default. Any failure or forbearance by Lender to exercise any right hereunder, shall not be construed as a waiver of the right to exercise the same or any other rights at any other time and from time to time thereafter. The Maker waives protest of this Note. Upon the occurrence of an event of default, the Maker hereby empowers the Prothonotary or any attorney of any court of record within the United States or elsewhere to appear for the Maker, with or without complaint filed, confess judgment, or series of judgments, against the Maker in favor of the Lender for the unpaid balance of the principal debt, any other sums paid by the Lender to or on behalf of the Maker pursuant to the terms of this Note, together with unpaid interest thereon, costs of suit and an attorney's commission of collection often percent (10%) of the total indebtedness. By entering judgment under this Note, Lender does not waive any other legal rights that they have against the Maker and Lender hereby expressly reserves said rights. The Maker waives and releases all errors in any proceedings that may be brought on this Note, and hereby consents that execution or executions may issue immediately on such judgment or judgments, hereby ratifying and confirming all that said attorney may do by virtue hereof, and further hereby waives inquisition and condemnation of any property levied upon by virtue of any such execution or executions and also waives all exemption from levy and sale of any property that now is or hereafter may be exempted by any law or statute. No single exercise of the foregoing warrant and power to confess judgment shall be deemed to exhaust the power but the power shall continue undiminished and may be exercised from time to time as the Lender shall elect until all sums due hereunder shall have been paid in full. A copy of this warrant shall be as effective as the original thereof and shall not be necessary to file the original as a warrant of attorney. THIS NOTE REPRESENTS A BUSINESS OBLIGATION. This obligation shall bind the Maker, their heirs, executors, administrators, legal representatives, successors and assigns, and the benefits hereof shall inure to Lender, its heirs, executors, administrators, legal representatives, successors and assigns. All payments hereunder shall be made at such a place as may be designated by Lender in writing. The Lender may assign its interests and fights pursuant to this Note at any time as long as Maker is provided with thirty (30) days written notice of the effective date of any such assignment and any change in the address to which payments are to be made. Ail notices required hereunder shall be in writing and shall be sent by U.S. mail, hand or by national overnight carrier addressed to the respective party at the address set forth above. Any party desiring change of address or facsimile number shall make such change known in writing to the other party. 1N WITNESS WHEREOF, the following was executed on the /7/-~day of ~z75' ,2002. Witness: Frank H. Kelly Witness: ~, My m, lss~on t:xpims Sept. 6, 2004 Member, Pennsyivanm Association ot Notaries Karen L. Kelly 4 EICHELBERGER CONSTRUCTION, INC., Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANK H. KELLY and KAREN L. KELLY, husband and wife, Defendants : No. 02-2045 : : Civil Action AFFIDAVIT THAT THE JUDGMENT IS NOT BEING ENTERED BY CONFESSION AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION Commonwealth of Pennsylvania ) ) SS: County of Cumberland ) I, William V. Freeman, being duly sworn according to law, hereby state that the judgment being entered by confession is not being entered against a natural person in connection with a consumer credit transaction. Name Wllham V Freeman Sworn to and subscribed before me this ~'day of May, 2002. Notaria/ Seal Moaica D. Zero. her, Notary Public Camp Hill Boro, Cumberland Ceanty My Commlsaiolm Expires Jan. 14, 2006 EICHELBERGER CONSTRUCTION, INC., Plaintiff FRANK H. KELLY and KAREN L. KELLY, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-2045 : : Civil Action AFFIDAVIT OF NON-MILITARY SERVICE Commonwealth of Pennsylvania ) ) SS: County of Cumberland ) The undersigned, being duly sworn according to law, deposes and says that the Defendant(s) are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended: That Frank H. Kelly and Karen L. Kelly are both more than 18 years of age and reside at 240 Poplar Street, New Cumberland, Pennsylvania 17070. W~fll-i~i~ V Freeman Sworn to and subscribed me this ;~gW--day of before May, 2002. Notary Public SHERIFF ' S CASE NO: 2002-02045 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND RETURN - GARNISHEE EICHELBERGER CONSTRUCTION INC VS KELLY FRANK ET AL And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:45 Hours, on the 26th day of June , 2002, attached as herein commanded all goods, chattels, rights, moneys of the within named DEFENDANT , KELLY FP~ANK H debts, credits, and , in the hands, possession, or control of the within named Garnishee COMMERCE BANK/HARRISBURG NA 4860 CARLISLE PIKE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to KIM RUSSELL (MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION true and made the contents there of known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 answe · R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this ~' day offS. _~2~zz~.~_ A. D. / / Pr6t~on6~ary ' ' ' -- ' D~puty ~riff R..Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing $ 18.00 Poundage 1.74 Advertising Law Library .50 Prothonotary 1.00 Mileage 8.97 Misc. Surcharge 30. O0 Levy 20.00 Post Pone Sale Garnishee 9.00 Sworn and Subscribed to before me This //~eday of ~ Proth~-notary Advance Costs: 1'50.00 Sheriff's Costs: 87.47 Refunded to Arty on 8/5/02 So Answ~ers~ .t..,,.~.~' R. Thomas Kline, Sheriff By ~~_~~- ~ e,v,,Jq R..Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 1.74 Advertising Law Library .50 Prothonotary 1.00 Mileage 8.97 MiSC. Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee 9.00 Sworn and Subscribed to before me This ~_~/~-day of ~,~ 2002 A.D. ~~ Advance Costs: 1~0.00 Sheriff's Costs: 87.47 Refunded to Atty on 8/5/02 : So Ansv~ers~ . R. Thomas Kline, Sheriff SHERIFF'S RETURN CASE NO: 2002-02045 P COMMONWEALTH OF PENNSLYVkNIA cOUNTY OF CUMBERI~IND - GARNISHEE EICHELBERGER CONSTRUCTION INC VS KELLY FR3tNK ET AL And now GERALD WORTHINTON Cumberland County of Pennsylvania, to law, at 0010:45 Hours, on the 26th day of June , ~ as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT , KELLY KAREN L hands, possession, or control of the within named Garnishee COMMERCE BANK/HARRISBURG NA 4860 CARLISLE PIKE ,Sheriff or Deputy Sheriff of who being duly sworn according 2002, attached credits, and , in the MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to KIM RUSSELL (MANAGER) ' personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 true and made So answers: R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this ~ day of ~ ~2. A.D. Pro~'b6not ary ' - ' Deputy EICHELBERGER CONSTRUCTION, INC., Plaintiff FRANK H. KELLY and KAREN L. KELLY, husband and wife, Defendants COMMERCE BANK, N.A., Garn/shee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-2045 Civil Action : PRAECIPE TO MARK CASE DISCONTINUED AND TO MARK THE JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the above captioned case as discontinued with prejudice as to all Defendants and Garnishee and mark the judgment satisfied. Date: October 31, 2002 Respectfully submitted, Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff