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HomeMy WebLinkAbout94-00610 ',I.'Iojll4oo''''_,/lcn tf,;J/tJ /},Af! /9'lr; ~. AMOUNT: $6JXlQ..OO DATE: c..l ~ dLO. , li2J FOR VALUE RECEIVED, ELLIS C. CRAMER, of 200 Ott Road, Shlppensburg, Southamplon Townahlp, Cumberland County, Pennsylvania 172.57, ("Obligor"), the undersigned promises to PllY 10 Ihe order of J. EDWARD CLOUSE and CALENE CLOUSE, his wife, of 207.5 Rllner JII11hway, Carlisle, CUmberland County, Pennsylvania 17013,("Obllllee"), Six Thousand Dollan (S6,OOO,()()) wllh Inleresl at Elaht per cenl (8%) from the date hereof. The undersigned hereby empowers any Prothonotary, Clerk or Attorney of any Court of Record wllhln the United States or elsewhere to appear for Ihe undersigned and, with or withoul dedllrutlon, 10 confess judament at any time or times, against each, any or all of the undersigned and In favor of the holder hereof for the above sum, plus Interest thereon from thee date hereof, with costs of suit and an attorney's commission of 1.5% for collection. The undersigned hereby releases all errors and expressly waives all rights 10 any stay of exel:ution, sequestration of rents and exemption of uny properly from levy and sale on execution under any law or rule of court now In force or hereufter enacted, All of Ihe foregoing promises are the joint and several promises of the undersigned and shull . bind Ihe undersigned, heirs, personal representatives, successors and assigns, The underslllned and all endorsers waive protest, demand and notice of non-payment of this Notice. Obligor furlher allreeslhat any properly, real, personal or mixed may be sold through a Writ of Execution and further hereby waives and releases all relief from any and all appraise menu, stay or exemption being 0' uny Slate now In force or which are passed hereafter. 1"'1 r, IN WITNESS WHEREOF, I have hereunto sel my hand and seul this 2lJ\"" duy of ~ -\-b iI~ C' , 19.9J. WITNESS: .n.rY\(j S? k l' "" C(t,J c:. r.:dh"L'~' Ellis C, Crnmer (SEAL) ,:\..,Sl\,jl\~..'\l''''''' .~l/l . . EXP~NATION m' RIGHTS FOR CONFESSION 0..' JUDGMEN'I' , II, A. I clearly and specifically undcutand that by slgnlnl! a Note dated the ,h' day of _ (11~":"\\\ ,1993, In the amount of Six Thuusand Dollurs (S6,()()(),()()) with Interest at Elaht per cellt (8%) from date hereof, payable to J, EDWAIW CLOUSE and CALENE CLOUSE, his wife, which contains a Confession of Judgment cltluse: 1. I will tluthorlze the Prothonotury or IIny IIttrlrney of IIny Court of Record to enter judllmentlllltllnst me and In favor uf J. EDWARD CLOUSE and CALENE CLOUSE, his wife, which wllll!ive her II lien upon uny real estute which I muy own, Including my home; tlnd 2. I will give up the right III uny notice or opportunity tel be heard prior to the entry of this judl!ment on the records of the court; and 3. I will tlgree thtlt J. EDWARD CLOUSE and CALENE CLOUSE, his wife, Clln enter judl!ment without any proof uf non-ptlyment or other defuult on my purt; and 4. I will subject till of my property, both personul property tlnd relll estute, to execution and Sherlfrs stile, pursmmt to this judgment, prior to proof of non-puyment or other deftlult on my part; and S. I will be untlble 10 chullenge this judgment should ], EDWARD CLOUSE and CALENE CLOUSE, his wife, enter It, except by a proceeding to open or strike the judgment; and such II proceeding will result In uttorney's fees IInd costs which I will hllve to pay, B. I know IInd understund thtlt It Is the confession of Judl!ment clause in the ubove described Note which glv~s ], EDWARD CLOUSE IInd CALENE CLOUSE, his wife, the rights enumerated in sub-puragrnphs one through five of ptlrugruph A ubove, IF I DO NOT SIGN A NOTE WHICH CONTAINS A CON"'ESSION OF JUDGMENT CLAUSE, I UNDERSTAND THAT I WOULD HAVE THE FOLLOWINGr I. The right to huve notice und un opportunity to be heurd prior to judgment: IInd 2. The right to huve the burden of proving default rest upon J. EDWARD CLOUSE and CALENE CLOUSE, his wife, before my property cun be exposed to execution: und 3. The right to avoid the uddltlonul expense of ullorney's fees IInd costs incident to opening or striking off II confessed judgment. " .' , " 'I ,I '. I, , I, ,II I I ,I ',' I, ~ :".lao "~ t '. ~ ;~, ,.. i~', ,. , (f, . , I' ,;YJ 'I en ,\ I, , I' , Ii .:n " 1:11 ....., " 'I 'J ./ " I. I, , , ';.1 " " I I' " 'I' " ,,, ",, " " Ol'""IIIjI\4lol,IL'louIo.Nll3 4. Fully Bnd completely understllndlnllthese rlllhts I have prh>r 10 Illlnlllll the above described Note, Bnd clearly aware that these rights will be lllven up, waived, relinquished and abandoned If I Illln the Notes, I nevertheless freely IInd voluntarlly choose 10 sllln the nOle, my Intention beinllto llive up, waive, relinquish IInd ubllndon my known rlllhts (liS described In pllrllllrllph B Ilbove) and subject myself to Ihe clrcumstllnces described In parallruph A above. WITNESS: I HAVE I~E^D TillS IlNTIIU! FORM AND I FULLY UNDEI~ST^ND ITS CONTENTS Ct1: C, Cramer 'b~ ' (,,, /d If''1 -~JI~/,/ AFFIDAVIT OF INCOME The underslllned. belnll flrsl duly sworn or affirmed, docs hereby certify that his Income on the date of execution hereof, exceeds $10,000 per yellr. IN WITNESS WHEREOF, I have hereunto sel my hllnd IInd seal the ;:)~ dllY of (')c:\ , 19,2J. ~ ',~ CD~' I lId '. (Id-<I./.L"J Sworn to and subscribed before me this .;> I d day of a("\..('~,u C , 19,2J, _)'-' . t. ~U \ r ~ '--;;OfArnALSc"AL :' VY .1, liNN. NIl"',~ ''''bile . '''1<)'0, C'm,l>enl,1d c.umy .... ':,'~~~I~n2')fpj," No~ 4. '.. CERTIFICATE OF RESIDENCE I certify that my current residence Is: 200 ou Road. Shlppensburll' Soulhllmpton Towmhip. Cumberland County. PA 172S1. -~- BIB ~ '~ I ~ ":.. ,j ~ ~ \'-l ~ , . l'f ~ & f) . ' . I, i-, I , , ! ., " " " ,I "