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HomeMy WebLinkAbout95-04939 Creed in C. Cornman . ...," ,J,j,. In the Court of Common Pleas of Cumberland County, Pennsylvania Ellen M. Cornman \'S, .~.9~~.r:~..? ~ ..~~g&L~".. Judgll1.nl in b\'or of Plaintifl on ...nn.............. .!-:!~~.l!_.q:..~.9&g.~~n.... .nmn ..n," ...... ",=..,'Y ................................ lor $~.~J_QP'O. 00 .-.------------------------. .......-.------------.- Civil 95 n__n""__U T.rm, 19...... Entmd nm.._..~~p.~.~'!'.~~.r:n!~___n 19.~.~.. :->0 9.~::~.,!39 --------------------------------------------------- Creed in C. Cornman and Ellen M. Cornman Plaintifl ------------------------.------------------------------------------------------------------------- in the 3bov~ Judgm-.:nt, do apprar aad 3.cknowll!d~C' that this day h..,. had .nd n:ceivod .nd front Robert s. Noggle and Linda G. Noggle ------------------------------------------------------_.------------.-.------------------------------ the dct;:ndant in thl' abOVe" JUd;:l:':'nt, full p:\),.nent and ~.ai~!;lction of the SJr.IC. with intC'rt'lIot and casu, and desired thJt ..tisl.ction therdor. .h.ll be enter.d upon the record. ther.ol, And lurth.r, we do h....by .uthorize .nd .mpower n_f':l.r:~j~u~:n'=~~&lnnu.un__.n.u.n..... uun__u..nnu__ therrOl.~onotJry of SJid Court, to appear .nd in our n,m. .nd stead to .nter full ..tisfaction upon the record ol..id Judgment, as lull)' and cllectually, to all intents and purposes, as we could were we personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. , ,(' I tf.... 10 testimoD)" wbel'tof, h.1\C' hereunto set Gur h;lnas and seals thlS ___n__._._n_________nn_________n day 01 un__..u..A.1.!!VL__.....n.nn.u_.u_..... tk'9..9_~., .t...=. r. f' .-- - -----_._~--~~---..._------ Creedin C. Cornman ~Se.1l) (Sear, Stat. 01 Pennsylvani. Cour.ty 01 Cumberland, } c:.~.a..~~m____. Ellen M. Cornman (Se.11 , a notary public in and for Cumberland P.nonally .ppe....d belore m., the .ubscnber, ... ...... ...___._.uu_.__uu.u....uu..__ ..n.._________. County. Pennsylvania, Creedin C. Cornman and Ellen M. Cornman, -------_._---~-------------_._----_.._----~--~---~.------------.~._----.__.._-_._--~-----_.....----~------ .nU......... _. .......uu.. u............ n'" ........ _......... ....... _.............. the PI.intilf in the above Judgment, and h due fOlm of law acknowledged the wlthiu and (ort"gom~ Power of Attornt'y to satisfy tht' Jud~. l11t"nt 5rot (orth. to be Olet Jud de-rd, and J,l.:.Iir .'.l th.ll tL~ ~..:.;.;~. ~:l~ll be filt'c or record in me offict' of th~ PrOUIOTl- our)' of the Court of Common Pleas of aaid County. In testimony ,,'hrrror, I hJ\,t: lWft'"unh> it-t my h.1:ld .1nd sroal thi, I I fl. d.y 01 June NOTARIAL SEAl DENISE PtNAMONTI NoWy Pubhc Carl,sle llo'ough Cumt>e<land CoonlY ... CQmrT'l.'~'i;of1 E. Ipt:O! ~O\,l ~,~ ,\ D, l~..(~ 8.. I ','" \ - , I \ ,~ ~ . t \- t ,.., i' I 1\" , .., - ~. ~ f \ ...., T'" ....,,-,...'... /: t'l,.~f'i'_lLd-lIS:~~::.....::. I~j,l - -"'It; ""- ,. . l~ .L._ J ~~Jl~J1li.l!lil.Lh...~...._~~_.""'iY'li"f~,..~~_~r~:tr4~ U1~. 'L.:/..Jl-~ ~ .. . ~_,'., _""'_~..,. ".~_~"~ l-F.IL. No. i Tenn 19 ALEO-OFFlCE OF n-r= ~?(\~'HCOOTARY . POWER OF ATTORNEY To Satisfy a Judgment 98 JUH t 8 PH 2: 59 cUMm:F:,,' J ,,,: CUUNl'f PEN0:3YLvr~~'A VS. Filed 19____ ~ .-- T1 ",~:, '.:..r.",..""",.. _,-.,._".."~:__.....__,,,_~,.,;...,..;..o,,~....,~ . . NJIE :J\ (1" ~(., '1 -.J' I.. l' .J) t (\.U.'-'< T.,,,,",, FOR VALUE RECEIVED, and Intending to be legally bound hereby, Robert S. Noggle and Linda G. Noggle. his wife (the "Noggles"), with an address at ~(.c'j Ii) ""lil"".. hi ell. r lid t' . Pennsylvania. jointly and severally. promise to pay to the order of Creedin C. Cornman and Ellen M. Cornman. his wife (the "Obligees"), with an address at t,OD Fe'r,/e RJ _ CA!et.J/ r p..., Pennsylvania, their heirs and assigns. the sum 01 """ $38,000.00 lawful money of the United States of America. together with Interest on the unpaid principal balanca thereof at the rate of six (6%) per cent per annum. Hereinafter the Noggles are jointly referred to as the "Obligors', The principal amount, together with interest. shall be payable based on a 48 month amortization schedule. A copy of an initial amortization schedule is attached hereto and marked Exhibit "A", which provides for 47 monthly payments in the amount of $892.43 each and a final payment in the amount of $892.52. Obligors shall pay the principal and interest of the indebtedness evidenced hereby monthly on the t ':j"''' day of each month commencing on C l {( b.o r ,1995. Principal and Interest shall be payable at the home of Obligees designated above. or at such other place as the holder of this Note may designate, In the event that the ,') I ~, day of any month falls on a Sunday or legal holiday observed by the Federal Govemment of the United States of America. the payment shall be made on the next business day following the Sunday or legal holiday. Obligors may make prepayments of principal without per'!y. However, any such prepayment of principal must be in an increment as shown on the said amortization sheet. Any prepayments will be applied to the final balance due and payable under the terms of this Note and shall not relieve Obligors from making payments as such payments fall due hereunder until the total amount due and owing under this Note. both principal and interest. as adjusted by prepayments, if any. is paid in full, The indebtedness evidenced by this Note represents moneys due and owing Obligees by the Obl!gors, which moneys were advanced by Obligees for the purpose of purchasing a lot of ground and which are now due and owing. By virtue of the execution and delivery of this Note to Obligees, and the Obligors becoming liable for the inc:lebledness as set forth herein. Obligees have, in1IJ: ilia, aoreed to permit the indebtedness to be paid in the deferred manner provided ... for herein, OBUGORS HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEVOF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, AT ANY TIME, AND PRIOR TO ANY DEFAULT HEREUNDER, TO APPEAR FOR OBLIGORS IN ANY SUCH COURT. AND THEREIN TO CONFESS JUDGMENT AGAINST OBUGORS IN FAVOR OF OBUGEES OR THEIR SUCCESSORS AND ASSIGNS, FOR ALl SUMS DUE OR TO BECOME DUE BY OBUGORS TO OBUGEES UNDER THIS NOTE, WITH COSTS OF SUIT, AND WITH FIVE PERCENT (5%) ADDED f<S REASONABLE ATTORNEYS FEES. AND FOR DOING SO. THIS NOTE. OR A COPY VERIFIED BY AFFIDAVIT, SHALL BE SUFRCIENT WARRANT. SUCH AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF. AND JUDGMENT MAY BE CONFESSED f<S AFORESAID FROM TIME TO TIME f<S OFTEN f<S THERE IS OCCASION THEREFOR. A default shall occur hereunder, if Obligors fail to make a full payment of principal and interest on the due date thereof, In the event of a default hereunder, Obligors shall have a grace period of 30 days (Including non-business days) from the date of default (the "Grace Period") to cure the default. In the event of a default which is not cured within the Grace Period, the entire balance of the principal sum of this Note, together with interest accrued thereon, at the rate herein before provided, shall, at the option of Obligees, and without notice to Obligors, immediately become due and payable. and in such case, Obligees, may also recover all costs of suit and other expenses In connection therewith, including, a reasonable attorneys' fee for collection. Furthermore. in the event of a default which is not cured within the Grace Period, Obligees may, In addition to any other rights or remedies at law or in equity which Obligees may have against Obligors, do the following: ( a ) Obligees may cause a writ or writs of execution to be issued on any judgment or judgments entered by confession pursuant to the terms of this Note and, pursuant to Pennsylvania Rule of Civil Procedure 3014 (a), or similar rule or statute. direct the Prothonotary o! any court of record of Pennsylvania to index the writ of execution against the Obligors for the purpose of causing a lien to be affixed upon any real estate owned by the Obligors or in which the Obligors have an Interest in the particular county involved. ( b ) Obligees may obtain a lien against any real estate owned by the Obligors or in which either may have an interest, and wherever located, by the utilization of any other legal procedure which may be available to cause any judgment or judgments entered by confession pursuant to the terms of this Note to become a lien against such property, and A ( c ) Obligees may pursue any remedies, at law or In equity, to collect any remaining balance due hereon, both principal, interest, costs, and reasonable attorneys' fees, from property of the Obligors, jointly, or severally owned, whether such property be real property, personal property, or mixed property. The remedies of Obligees hereunder are cumulative. Obligors jointly and severally waive presentment for payment, demand, notice of nonpayment, and each agrees that the liability of each of them shall be unconditional without regard to the liability of any other party, and shall not in any manner be affected by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Obligees; each Obligor consents to any and all extensions of time, renewals, waivers or modificetions that may be granted by Obligees with respect to the payment or other provisions of this Note and to the release of any property now or hereafter securing this Note without substitution. Obligees shall not by any act of omission or commission be deemed to have waived any of their rights or remedies hereunder unless such waiver be In writing and signed by Obligees, and then only to the extent specifically set forth therein; a waiver on one event shall not be construed as a waiver of such right or remedy on a subsequent event. This Note is being executed and delivered to Obligees in connection with the purchase of real estate. In the event a judgment Is entered against Obligors pursuant to the terms and provisions of this Note, interest shall continue to accrue on the principal obligation at the rate set forth heretofore following the entry of any such judgment and until payment of the full amount due hereon. If any provision hereof Is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceabllity, and such prohibition or unenforceabllity shall not invalidate the balance of such provision to the extent that it is not prohibited or enforceable, nor invalidate the other provisions hereof, all of which shall be construed in favor of Obligees in order to effect the provisions of this Note. . . c '~ 7t J ..:;.I f 1 .i~ "1 s (/) ,'8 0 1fo 0 8 ~ ,.. \0 ,.,. . lO . ll)" ',C"' " ',. ... . "::t ~. 0-. 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