HomeMy WebLinkAbout94-03040
J 11t~ :3040 ~~
ANDREWS & JOHNSON
78 West Pomrrct Street
Carlisle, PA 17013
Telephone: (717) 243-0123
INSTALLMENT .JUDGMENT NOTE
$20,000.00
June ~ ,1994
FOR VALUE RECEIVED, the undersigned, TOK MUN KIM, individually and
trading and doing business as SERAS CLEANERS and TOK MUN KIM and SON OK
KIM, husband and wife, (and if they be more than one, each of them jointly and
severally), promise to pay, without defalcation, to the order of RODNEY L.
RUMBERGER the sum of Twenty Thousand Dollars ($20,000,00), with interest thereon
at the rate of nine percent (9%), per annum; said principal and mterest being payable
in forty-eight (48) successive monthly installments of Four Hundred Ninety-Seven
Dollars and Seventy-One Cents ($497.71), the first installment payable on July
(, , 1994, and the remaining instafIments on the same day of each month
thereafter.
THE UNDERSIGNED HEREBY expressly agrees that in case a default shall be
made in the payment of any of the aforesaid installments, or any parts thereof, as and
when the same shall become due and payable, then, and in any such case, all unpaid
principal then accrued thereon shall, at the option of the holder of this note, forthwith
become due and payable, without demand and notice.
AND FURTHER, the undersigned hereby authorizes and empowers the
Prothonotary or Clerk, or any attorney of any Court of Record in Pennsylvania, or
elsewhere, to appear for and to enter judgment against the undersigned for the above
sum, with costs of suit, and fifteen (15) percent added for attorney's collection fees, with
release of errors, without stay of execution and also waives the right of inquisition on
any real estate levied on, voluntarily condemns the same, and authorizes the
Prothonotary or Clerk to enter upon the writ of execution said voluntary condemnation
and agrees that said real estate may be sold on a writ of execution, and hereby waives
and releases all relief from any and all appraisement, stay or exemption laws of any
state, now in effect, or hereafter adopted, The undersigned hereby waives presentment,
demand; protest, and notice of protest and non-payment.
THE UNDERSIGNED FURTHER acknowledges the following rights on their
behalf:
(a) The right to receive notice and have a judicial hearing prior to the
entering of judgment on this note;
(b) The right of defalcation, i,e., the right to reduce or set off a claim by
deducting a counterclaim;
(c) Release of errors;
.
,
(d) The right of inquest (to ascertain whether rents and profits of
debtor's real estate will be sufficIent to satisfy the judgment within seven years);
(e) The right to stay execution (if debtor owns real estate in fee simple
within the county worth the amount to which creditor is entitled, clear of
encumbrances); and
(f) The benefit of exemption laws now in force or hereafter to be passed.
THE UNDERSIGNED UNDERSTANDS the aforesaid rights and hereby
intentionally and voluntarily waives the same.
WITNESS:
~ $"~A~f'/.l::A.J1YR5
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Tok Mun Kim, individually and
t/dlb/a Seras Cleaner!
d<I~k~
~
(SEAL)
(SEAL)
x
Son Ok Kim
NOTICE TO HOLDERS IN DUE COURSE: Should this debt arise in connection with
the sale or lease of consumer goods or consumer services or in connection with a
purchase money loan, then and in that event, any holder hereof shall be subject to all
claims and defenses which the debtor may have against the seller or lessor in connection
with the sale or lease.
Addresses:
Rodney L. Rumberger
8 Truffle Glen Road
Mechanicsburg, P A 17055
700 N. Hanover Street
Carlisle, PA 17013
Tok Mun Kim individually
and t/d/b/a Seras Cleaners
Tok Mun Kim and
Son Ok Kim, husband and wife
700 N. Hanover Street
Carlisle, PA 17013
,
,
RELEASE or JUDGMENT
RODNE~ L. RUMBERGER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
VB.
TOK MON KIM
SON OK KIM
SERAS CLEANERS
Judgment in favor of Plaintiff
in the amount ot $20,000.00
#1994-03040
Entered 6/6/94
I, Rodney L. Rumberger, the Plaintiff in the above stated judgment,
at the request of Tok Mon Kim and Son Ok Kim, the detendants
therein, and for and in consideration of the sum of One Dollar to me
in hand paid by the said Tok Mon Kim and Son Ok Kim, at the time of
the e~ecution hereOf, the reoeipt whereot is hereby acknowledged, do
for my..lf, my heir., executor. and administrator., covenant,
promise and agree, to and with the said Tok Mon Kim and Son Ok Kim,
their heirs and assigns, by these present., that I will not at any
time hereafter sell or dispose of, attach or levy upon, or olaim or
demand the premise. hereinafter described, with the appurtenances,
or any part thereof by virtue of the said jUdgment, 80 that the said
Tok Mon Kim and Son Ok Kim .hall and may hold the same, free and
clear of and from the lien of the said judgment, to wit:
ALL THAT CERTAIN traot of land situate in the Borough of carlisle,
Cumberland County, Pennsylvania, bounded and described as tollowSI
BEING Lot No. 28 in the Final SUbdivision Plan of Section 14 of
Forest Park as reoorded in the oft ice of the Recorder of Deeds in
Cumberland County in Plan Book 31, Page 149.
Provided, however, that nothing herein contained shall invalidate the
lien or security of the said jUdgment upon, the other estate of the
said Tok Mon Kim and Son Ok Kim ~nd Seras Cleaner..
IN;.WjTNESS WHEREOF, I have hereunto set my hand and seal this
;- day of September Anno Domini On~ Thousand Nine Hundred and
Ninety six.
Rodney
STATE OF PENNSYLVANIA
COUNTY OF {~I>/Of-~l /lAlV
.
.
SS:
.
.
On this, the /r~ day of S.,../~,u&"- , 1996,
h.fo~e me, a notary publio, personally ap~eared Rodney L. Rumberqer
known to be (or .atisfactorily proven) to be the person whose name
is subscribed to the within instrument and acknowledged that he
executed the same for the pupo.as herein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
- ~~.S', I~
. - NOTARIAL S'eAL
SHEl1.Y O. SEXTON, NOTARY PUBLIC
CAlllISLE BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES APRIL 28, 1 eee
Membll, ",nnsyt/3llla AssoclaUon ot NoII/II.
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