HomeMy WebLinkAbout06-4732
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JUDGMENT NOTE
$70,000,00
August 11, 2006
FOR VALUE RECEIVED, the undersigned, jointly and severally,
promise to pay to the order of Donald E, Garber, the sum of Seventy
Thousand Dollars ($70,000,00), together with interest at the rate
of 7% per annum, The undersigned shall pay the sum of $465,71 on
the eleventh day of September, 2006 and on the eleventh day of each
month thereafter, until August 11, 2011, on which date the
principal balance and all accrued interest, shall be paid in full,
The undersigned shall have the right to make payments on account of
principal with no prepayment penalty, Upon failure to make any
monthly payment when due, the principal balance together with any
accrued interest shall at the option of the holder and without
notice become immediately due and payable, To secure payment of
this Note, we hereby authorize and empower any Prothonotary or
Clerk or any attorney of any Court of record to appear for us in
such Court, at any time, before or after maturity, and confess
judgment against us in favor of any holder of this Notice, without
the filing of an averment of default, with release of errors,
without stay of execution, and for such amount as may appear to be
unpaid thereon, together with costs, and in the event of default,
attorney fees in the amount of five percent (5%) of the unpaid
balance, and we hereby waive and release all benefit and relief
from any and all appraisement, stay or exemption laws of any state,
now in force or hereafter to be passed, By the acceptance of this
Judgment Note, Donald E. Garber agrees that this Judgment Note
shall not be deemed or construed to be a purchase money mortgage
and that it shall be inferior in both lien and payment to a certain
Mortgage and Note of even date herewith given by Lee R, Seitz and
Judith A, Seitz, his wife, to Americhoice Federal Credit Union to
secure the principal sum of $312,000,00 as therein recited, and
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that any judicial sale had by proceedings on this Judgment Note
shall not in any way affect the said Mortgage and Note given to
Americhoice Federal Credit Union,
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LEE R, SEITZ ,
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Mr. IJa1ald E. Garber
3716 Hunting Ridge !ll:<rl
windlester, VA 22603
Mr, and Mrs. Lee R. Seitz
9 sooth Washingtoo street
~csbJrg, PA 17055
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DISCLOSURE FOR CONFESSION OF JUDGMENT
WE ARE EXECUTING, THIS nTH DAY OF AUGUST, 2006, A JUDGMENT
NOTE FOR $70,000,00 OBLIGATING US TO REPAY THAT AMOUNT,
INITIALS: ~ ~
A REPRESENTATIVE OF DONALD E, GARBER HAS EXPLAINED TO US THAT
THE NOTE CONTAINS WORDING THAT WOULD PERMIT DONALD E, GARBER TO
ENTER JUDGMENT AGAINST US AT THE COURTHOUSE, WHETHER OR NOT SAID
NOTE IS IN DEFAULT, WITHOUT NOTICE TO US AND WITHOUT OFFERING US AN
OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT, AND THAT THE
JUDGMENT MAY BE COLLECTED BY ANY LEGAL MEANS, INITIALS: & ~
IN EXECUTING THE NOTE, WE ARE KNOWINGLY, UNDERSTANDINGLY, AND
VOLUNTARILY WAIVING OUR RIGHTS TO RESIST THE ENTRY OF JUDGMENT
AGAINST US AT THE COURTHOUSE, AND ARE CONSENTING TO THE CONFESSION
OF JUDGMENT, INITIALS: L~ ~'
WE CERTIFY THAT OUR ANNUAL INCOME EXCEEDS $10,000,00, THAT THE
BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN WE INITIALED AND
SIGNED IT, AND THAT WE RECEIVED A COpy AT THE TIME OF SIGNING,
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DONALD E. GARBER,
Plaintiff
VS., -
LEE R. SEITZ and
JUDITH A. SEITZ,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4732 CIVIL TERM
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PRAECIPE TO MARK JUDGMENT NOTE SATISFIED c
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TO THE PROTHONOTARY:
Please mark the Judgment Note between the above parties, dated
August 11, 2006, in the principal amount of $70,000.00, and
recorded at the above-referenced term and number, as SATISFIED IN
FULL.
DATED: C;-:51 Nola, a..,
CLECKNER AND FEAREN
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By 1
Ann E. Rhoads, Esquire
PA Attorney Id. #49631
119 Locust Street
P. 0. Box 11847
Harrisburg, PA 17108-1847
Tele: (717) 238-1731
Attorneys for Plaintiff,
Donald E. Garber
DONALD E. GARBER,
Plaintiff
Vs.
LEE R. SEITZ and
JUDITH A. SEITZ,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 06-4732 CIVIL TERM
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PRAECIPE FOR ENTRY OF APPEARANCE Z'n =
To the Prothonotary:
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Kindly enter my appearance for Plaintiff, Donald E. Garber.
CLECKNER AND FEAREN
Dated: IQ, By _ 2 .
Ann E. Rhoads, Esquire
I.D. No. 49631
1.19 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
Tel: 717-238-1731
Fax: 717-238-8481
Attorney for Plaintiff