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HomeMy WebLinkAbout02-2102PROMISSORY JUDGMENT NOTE $16,850.00 DATE: April 26, 2002 FOR VALUE RECEIVED, the undersigned, Kenneth E. Wright, ~l~.-and S. Elizabeth Wright, husband and wife, of 31 Circle Drive, Camp Hill, Cumberland County, PA 17011-2609, (individually the "Maker" and collectively the "Makers"), promisej ointly and severally to pay to the order of Margaret M. Balaban her heirs, successors or assigns, ("the Payee"), the principal sum of Sixteen Thousand Eight Hundred Fifty and No/100 ($16,850.00) Dollars. Payments are to be made as set forth below. PAYMENT SCHEDULE: Commencing on or by May 26, 2002 interest only shall be due on the above amount at the rate of Six and 49/100 (6.49%) percent per annum. The first monthly payment in the amount of Ninety-One and 13/100 ($91.13) Dollars shall be due on or before May 26, 2002, and each successive monthly payment thereafter shall be due without further notice or demand on or before the 26th of each month to follow, until Makers' home located at 20A West Glenwood Drive, Camp Hill, PA 17011 is sold or months after the above date, whichever occurs first, at which time final payment equal to the entire principal then remaining unpaid, together with all accrued interest and late fees, shall be immediately due and payable to Payee. PLACE OF PAYMENT: All payments hereunder shall be made to Margaret M. Balaban, 1 Redbud Drive, Mechanicsburg, PA 17050-1803, or at such other place as the holder hereof may hereinafter designate in writing, or at such other place as the Payee directs. Page 1 of 4 PREPAYMENT: Makers may prepay the entire unpaid balance of this Note, or any part thereof, at any time without penalty. ACCELERATION UPON DEFAULT: Failure to pay any sum required to be paid under the terms of this Note within five (5) days after the same becomes due and payable, will constitute a default, and the full outstanding balance, at the option of the Payee, will become accelerated and immediately due and payable within five (5) days. CONFESSION OF JUDGMENT: The undersigned, upon default not cured within five (5) days hereby empowers the prothonotary, clerk or any attorney of any court of record within the United States of America or elsewhere to appear for the undersigned and, as of any term, and with or without one or more declarations filed, confess judgment, or a series of judgments, against the undersigned in favor of any holder hereof, for the sum due and unpaid as of the date of entry, together with costs of suit and attorney's commission for collection of fifteen percent (15%) of the total indebtedness on which judgment or judgments one or more executions may issue forthwith, upon failure to comply with any of the terms and conditions of this Note. The undersigned hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right of inquisition and extension of time for payment, agrees to condemnation of any real property levied upon by virtue of any such execution and waives all exemptions from levy and sale of any property that now are or hereafter may be applicable. No single exercise of the foregoing power to confess a judgment or a series ofjudgments 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 shall have received payment in full of the debt, attorney fees and costs. Page 2 of 4 This Note has been entered into and shall be governed, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania. The Makers jointly and/or severely hereby consents to the jurisdiction and venue of the Federal and State Courts located in or having jurisdiction over Cumberland County, Pennsylvania in any action brought by or against the Makers or any individual, corporation, partnership, or other entity constituting the Makers on, mentioning, relating to, or connected with this Note. WITNESS the due execution hereof with the intent to be legally bound hereby on the day and year first above written. WITNESS: WITNESS: Kenneth E. Wright,.,~ Page 3 of 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 26th day of April, 2002, before me, a Notary Public, the undersigned officer, personally appeared Kenneth E. Wright,~.~and S. Elizabeth Wright, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my h~!ld-a~d official seal. I NOTA~tI,~I.$~t. I X~l~ftary eubli~ ~ Jeanette L. Pennington, Notary Public Susquehanna Township, Coun~ of Dauphin My Comnli~ion Expires Sept. 10, 2005 I hereby certify that the precise address of the above named Payee ~s: 1 Redbud Drive Mechanicsburg, PA 17050-1803 WILLfA~ R. BALABAN, ESQUIRE, Attomey for Seller Page 4 of 4 Margaret M. Balaban Kenneth E. Wright, Jr. and S. Elizabeth Wright ~k~ co~d of Cumberland o! 2002-02102 $ 16,850.00 Ia. fro~ ~t~t~d a~g ~ April 30, 2002 ff~OW ALL ~N B~ ~ P~' t~t ~rgaret M. B~aban Do~, ~wf~ ~ of t~ U~ ~S, ~ her ~. 20A ~esC G~enwood Drive, East Pennsboro Township, Cumberland ~unCy, ~nwealCh of Pennsylvanla (See descclpClon atgached hereto, made a p~r~ hereo[ and marked Attachment "I") 2. 31 C1rcle Drive, E~st Penns~ro To~shlp, Cumberland ~unty, ~nwe~gh of Pennsylvanla (See descrlpClon attached hereto, made a part hereof and marked Attachment "~")- And it is further agreed that tks ptatnti~ abovs named ~l ~ ~ok ~o ~ ~id aboye menti~- ed and d~z~ ~r~s ~ a~y p~rt t~er~oL ~orpaym~t o/ any part o~ ~ ~ an~ i~t~sg o[ said able ~titled jud~t, ~ ~ k~#er to beco~ due, or in ~y ~y d~hcrb, molest, put to charge or da~gt, t~ ~es~g ~ any fu~r~ ~r ~ ~ers, oc~r or oc~ o/the said above m~ti~gd and d~a~bed pr~s, or any ~ or p~ fh~eo[, ~ or ~ r~ o[ the her~n e~in~d ~ a~ ~ ea~ ~t or i~ ~g~ ~igy, so far ~ re~e~ ~t other ta~ a~ t~ o/the za~ defsndant s ~t~te tn ~ C~nty af~td, ~oklch are ~ot h~n IN wITNI~$S WHEREOF, I th~s 2?th day o! have l~r~nt~, ss~ my hand and seal June A.D. ~ 2002 I~farga~t I~I. Ba]_aban Parcel No.: 09-20-1850-187 ALL THAT CERTAIN piece or parcel of ground, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern line of Circle Drive, which point is at the southwest comer of the intersection of Circle Driw: and 34t~ Street; THENCE South fifteen degrees forty-five minutes East (S 15° 45' E) and along the western line of 34th Street, a distance of one hundred fifteen (115) feet to a point; THENCE South seventy-four degrees fifteen minutes West (S 74° 15' W), a distance of eighty-eight (88) feet to a point at line of land formerly of William A. Kufs, et ux; THENCE North fifteen degrees forty-five minutes West (N 15° 45' W) and along the eastern line of land formerly of William A. Kufs, et ux, aforesaid, a distance of one hundred fifteen (115) feet to a point on the southe:m line of Circle Drive; THENCE North seventy-four degrees fifteen minutes East (N 74° 15' E) and along the southern line of Circle Drive, a distance of eighty-eight (88) feet to a point, the point and place of BEGINNING. HAVING thereon erected a 1½ brick dwelling with an at~:ached garage known as 31 Circle Drive Street, Camp Hill, PA. BEING the same premises which Margaret M. Balaban, by deed dated April 26, 2002, recorded on May 30, 2002 in the Cumberland County Recorder ol[Deeds Office in Deed Book , Volume , Page , granted and conveyed unto Glenwood Group, Fortress Management Inc, Trustee. ATTACHMENT "II" ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with survey of D. P. Raffensperger, Registered Surveyor, Camp Hill, Pennsylvania, dated December 1, 1967, as follows: BEGINNING at a point on the Southeasterly line of Glenwood Drive (West) which point 187.24 feet in a Northeasterly direction from the Northeasterly corner of Erford Road (West) and Glenwood Drive (West) and at dividing line between Lots Nos. 21 and 21X, Block "G", on the hereinafter mentioned Plan of Lots; thence along the Southeasterly line of Glenwood Drive (West) in an arc having a radius of 175 feet in a Northeasterly direction to the left 32.58 feet to a point at dividing line between Lots Nos. 21 and 20X, Block "G", on said Plan; thence along said dividing line South 47 degrees 31 minutes 111.06 feet to a point; at dividing line between Lots Nos. 21 and 5, Block "G", on said Plan; thence along said dividing line and along dividing line between Lots Nos. 4 and 21, Block "G", on said Plan, South 26 degrees 30 minutes West 20.60 feet to a point; thence further along dividing line between Lots Nos. 4 and 3, Block "G" and 21, Block "G", on said Plan, South 60 degrees 00 minutes West 34.77 feet to a point at dividing line between Lots 21X and 21, Block "G" aforesaid; thence along said dividing line North 36 degrees 51 minutes West and through the center of a partition wall and beyond, 111.22 feet to a point, the place of BEGINNING. BEING premises known as 20-A Glenwood Drive (West). AiqD BEING Lot No. 21, Block "G", on Plan No. 10, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 18, Page 47. TOGETHER with the right in common in and to the partition wall with the owners and occupiers of the adjoining premises. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING THE SAME PREMISES which Kenneth E. Wright, Married Man, by Deed dated June 15, 1998 and recorded June 22, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 179, Page 743, granted and conveyed unto Kenneth E. Wright and S. Elizabeth Wright, Husband and Wife. _ _Mar)>;~!_e.~ _!1.. _ B_a!a]> "'!Iu _ _ _ _ _ __ _ _ _ _ __ - -- -- - - -- ~--- - - -- - - -- - - :J ~ -{ji" - -- --- -- In the Court of Common 'Pleas of Cumberland County, Pennsylvania VS. K:-:'.n,,~_h._~_.__...!_~I.j!1.t_LJ:r'__":ll~___ __ ___h______ Judgment in favor of Plaintiff on __n_________________ for $________ S. Elizabeth Wright ------------------------------------------~~f~------ 02-2102 No. ________ ______________ 1renm, 19______ ---------------------------------------------------- Entered __________________________________ 19______ -------------------------------------~------------- .-------------------------------------------------------------------------------------------------- Margaret M. Balaban Plaintiff in the abo....~ Judgment, do apPc:lr and acknowledge that she this. day have had and received and I rom _ ~':!l:'.':~ ~_ _ ~: _ _'1 :r_iJ>;11 ~_, J"-., 1_ _":I1~_ _ ~ ~ _ J~ ti.~ ~1>_~ ~ 9-__ \jlCJJ;!>.f:- -- -- - - - - - - - - - - ----- - - -- - - - -- - - - - - - -- -- the de~'endant in the above Judgm<;nt, full payment and ;;alsfaction of the S:l.r.le, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, I do hereby authorize and empower_<;.1!r_t.i~__~_!.__~PJJ.9.______________________________ theProthonotary of said Court, to appear __.?_~_:n1._~~_~~!__~____________________________ and in my name and stead to enter full satisfaction upon the record of said Judgment} as fully and effectually, to all the Prothonotary intents and purpos.es, as could were I personalty present in person to do so. And for so doing this shall be your sufficient \\'arrant of authority. have hereunto set our hands and seals this ___~~'!:____________________________h_ In testimony whereof, I day of January 2005 ----------------------------------------------'~~~~~------------ (Seal) (Seal) State of Pennsylvania County of Cumberland, } _ _ ________n_ _.._ _____ __ _ _________ _ __ _ __ ___ ___ _ (Seal) Personally appeared before me, the subscriber, ___~~E~~E.~~__1:!:__~~~_~~~::__________________n_____________ ---------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- .________________________________________________________________________________________ the Plaintiff in the above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg- ment set forth, to be her act and deed, and desired that th~ same s11:111 be filed of record in the office of the Prothon- otary of the Court of Common Pleas of said County. 4th In testimony whereof, I have hereunto set my hand and seal this ________nn____________hn_n_n_________ day of ---!-':~'.~~~~~ONWf1<LW'OI';>ENNS-\.1;\;\Nl7\:------ A. D. t'9':_.z_~~5 Notarial Seal Dorothy M. Scott, Notary Public City of Harrisburg, Dauphin County My Commission Expires Sept III 2008 - Do rOb E hy -Fe - -5 cot i-; - f'lo-f a ry - P-tiblT;O- - -- (Seal) Member, Pennsylvania Association of Notaries C> - " E t-< o z I I 9 ~ I i i I ~ I ~ z ~ ~ = 8 bIl 'g >-> ~ '" - '" .~ cJ:J o ~ ~ o I ui :> , , , , C> - , , , , , , , , , , , , , , , , , , , , , , , , , , , , " -" .~ ~~ (.... ..-.~" Sit. ,,) 0) r , i i -) <:en :;I..,., {'\1f:: -q\3 ~\) \ ;~::~ ~~\, i~:~ :;~i~), (::'~I .- '" o OR\G\NAL MARGARET M. BALABAN, Creditor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KENNETH E. WRIGHT, JR. and S. ELIZABETH WRIGHT, Debtors DOCKET NO. 02-2102 CERTIFICATE OF SATISFACTION OF PROMISSORY JUDGMENT NOTE KNOW ALL MEN BY THESE PRESENTS that I, Margaret M. Balaban, does hereby acknowledge that the indebtedness secured by a certain Promissory Judgment Note dated April 26, 2002 from Kenneth E. Wright, Jr. and S. Elizabeth Wright, in favor of Margaret M. Balaban, recorded in the Prothonotary's Office of Cumberland County, Pennsylvania, docketed to #02-2102 has been fully paid and that Margaret M. Balaban was, at the time of satisfaction, the holder of the Promissory Judgment Note dated April 26, 2002 evidencing the indebtedness, and that the Judgment is hereby satisfied. WITNESS THE HAND AND SEAL of the holder of the Promissory Judgment Note this 29th day of December, 2004. WITNESS: 'b~tJ1/tt'l~ ar aret M. Balaban ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 29th day of December, 2004, before me, the undersigned Notary Public of the Commonwealth of Pennsylvania, personally appeared Margaret M. Balaban, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledge that she executed the foregoing instrument for the purposes therein contained. IN WITNESS my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dorolhy M. Scott, Notary Public City of Harrisburg, Dauphin County My Commission Expires Sept. II, 200& Member, Pennsylvania Association of Notaries ~~l-)W L L/)L0Qi--/ Notary Public . My Commission Expires: RECORD AND RETURN TO: William R. Balaban, Esquire Elliott Greenleaf Siedzikowski & Balaban Governors' Row 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 9 75" <-- :r:~' p:&. 1'" OJ q, :::? ._.-fl ~-r\f::- -.0.\3 -''';."\- f~\(,;? ~ [;~;~~\ :~.'~Irn ";::.l, -....,.. "~ .~ "'C'~ p::~\\". C;? ,...:> c:> -