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Home My WebLink About00-04813 . , . ~ "")'" l_ 6o-4PIJ e;il ~ $3,789.26 Date: January 27,2000 . JUDGMENT NOTE \, The undersigned does hereby promise to pay to the order of Naugle Motors, Inc.the sum of THREE THOUSAND SEVEN HUNDRED EIGHTY-NINE DOLLARS AND TWENTY-SIX CENTS ($3,789.26), together with interest thereon from January 27, 2000 at the rate of six percent (6%) per annum, due and payable on April 30,2000. It is understood between the parties that this Note is not negotiable or assignable. The undersigned does hereby authorize and empower any attorney or Prothonotary of any court of record of Pennsylvania or elsewhere, to appear for them and confess judgment against him in Javor of the legal holder of this Note for the above sum, with or without declaration, with costs of suit, release of errors without stay of execution; and further does hereby voluntarily agree that a writ of execution shall issue on the said judgment, waiving and releasing all relief from any and all appraisement, stay of execution, laws of any state now in force or hereafter to be passed; and also waives the benefit of the present and any future bankruptcy law that may be passed by the United States. (SEAL) .~ . -.,. . CERTIFICATE OF RESIDENCE I, Pavid P. Perkins, Esquire, of the Jaw firm of Weigle, Perkins and Associates, attorney for Donald L.Flagle, II, hereby certifY that the address of Donald L. Flagle, II to be 65 South High Street, Newville, Pennsylvania 17241. WEIGLE, PERKINS & ASSOCIATES ByGJ~ C' ~ David P. Perkins, Esquire _H - --. -~ L RE: Loan from Naugle Motors, Inc. to Donald L. Flagle, II Judgment Note in the amount of$3,289.26 Date: January 27,2000 Note Dated: January 27,2000 The undersigned hereby certifY in connection with the loan above referred to secured by a promissory note containing a confession of judgment authorizing any Attorney or Prothonotary of any Court of Record in Pennsylvania or elsewhere to confess judgment against the undersigned therefore, the following statements indicated by mark in the space opposite: rgr That the loan for which said note was given is not a consumer loan. !:it' That the income of the undersigned is $10,000.00 or more. ~ That it was orally explained and fuIIy understood by the undersigned that the execution of a promissory Ilote containing a confession of judgment clause has a waiver of the right to have prejudgment notice and hearing, the right to have the burden of proving default on the creditor, Naugle Motors, Inc., and the right to avoid the expenses attendant upon opening or striking a confessed judgment and that the undersigned voluntarily executed the said promissory note with a confession of judgment clause knowing that the aforesaid rights had been waived and that an execution may be issued on a judgment entered on said confession against their property. The undersigned further certifies that he was advised and understands that he could have an Attorney examine the said promissory note and any other documents in connection with the loan prior to execution. c:JS: '. - 50 (J'. ~ "~ D~~D ~ 'LiII COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Donald L. Flagle, II, being duly sworn according to law, deposes and says that the facts set forth mxnmmn"=- ~/ ~L.FL E,II Sworn and subscribed to before me this \:;J;f ;UG7~ Notarial Seal David P. Perkins, Notary Public Sh1llllensburg Boro, Cumberland County My Commission Expires Oct. 28, 2001 Member. Penns Ivania Association of ',-,-' 'M', 1iIWillIiiiJ1iIIII~.D~"'" ~ '''~~#lili~'IJ.i:!;!i;\ioiili.H~~W~'~''" ~,,-~-- ~-~'P""" ,~ ~k..~.\I;ili!liiI! iIIrl r1iBM;~ .'~_J1ii/ldilllli~1il1a ~,~ ,~ "I (") Cl 0) C Cl ---n ~ ~ ~"-~ s t ~ ;:g~ ~ -n ,.. r- 2::(,1 ~ Z:C I , ,<'; c:;::~ (J)..p 0-' a -<z ~2(=) .... ~o :s '-'""-'1 p .-0 :p~ ;=:;::TJ ZL :.:.;.:c) ~ ;;;:0 N (5r';'1 c: z: --I ~ ~ Ul >' --; :n \; -< GO -< U' .... r--.... ~ '(i ~ ~ ,4:: ,'-'- . ~ v t .-....'-' -'-. . -""~, - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: NAUGLE MOTORS, ~NC., PLAINTIFF vs. DONALD L. FLAGLE, II, DEFENDANT ~ S )./.'94- SJ.. A>€WtJltLL,?,c} 1'l.2t.t( TO THE PROTHONOTARY OF THE SAID COURT: (X ) Confessed Judgment ( ) Other File No. 2000- 4813 Amount Due $3,789 _ 26 Interest $1,:1 6:1 Atty's Comm $568.39 Costs $180.00 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act '7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMRF.RI,AND for debt, interest and costs, upon the foll~wirig described property of the defendant(s) ALL PERSONAL PROPERTY OF DEFENDANT INCLUDING .. County, 1qq? nonc:F. f':'I'F.AL'I'H R/'I'. VTN# JR,XE7403NY063293 ANn RANK ACCOTlN'I'f': A'I' CORNF.RSTONF. FF.DERAL CREDIT UNION PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMRF.RLAND County, for debt, intere~t and costs, as above, directing attachment against the above-named garnishee{s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) PERSONAL PROPF.R'I'Y OF nF.FF.NnAN'I'f': TNCLUnTNG ABOVE. VEHICLE AND BANK ACCOUNTS and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). CJ (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Da~ AUGUST 24. 2000 Signature: Print Name: Address: ~:t-,...J~ FOREST N. MYERS 137 PARK PLACF. WEST SHIPPENSBURG. PA 17:157 Attorney for: PLAINTIFF Telephone: (717) 532-9046 Supreme Court ID No.: 18064 (over) .~.~ _"~~~",,.~~~,,~~ - ~tllil~ -,.-- '.~..," 'illllliilili!illl~~ ~ 11 I ~ il I, I' .1 II 'I I, 11 I Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~ Go ..q~ w ('l ~ }.J "- "' . -:--- 1.> -!:: "r d & 0 ~ ., !'1 "- ..... 0 01 0 0 C ..... I 0 0 0 ~~ ~ j 0 r I c: 0 s: "'" d r fi ~v uo::.: ,= ITln: ::.;J ~ Z:p r ... , ZC eN ~ ... ~ ~:~ t-'::;' r tp~ ~c; PC' _,f"_ -~, -,; (") ~ , :z: ~ .... - H-1:: -C' -_': i T~ )>c: -- 0 .. ~ :z: ]:~ =< :D c:; en -< (.: r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Civil Division NAUGLE MOTORS, INC. , Plaintiff CIVIL ACTION - LAW v. Confessed Judgment DONALD L FLAGLE and AMANDA FLAGLE, Defendants No. 2000 - 4813 PRAECIPE TO REINSTATE WRIT OF EXECUTION TO: Honorable Curtis Long, Prothonotary Please reinstate the Writ of Execution issued in this matter dated August 24, 2000. ~@ Forest . Myers, Esquire Attorney for Plaintiff Supreme Ct. No. 18064 137 Park Place West Shippensburg, PA 17257 (717) 532-9046 Date: ,jUloJe: ZS, 2.=1 ''; .~ ,........,'.~,;.";...:;;;..;...-~",;o-......; < ~--"~- ~, '-W ~. "' ,,, . ~ " 0 (:;) Cl C -'n 5: C "1J C.-:: rnr-,~' ~r:" Z:J r-c> zc ~?::" r;f", --..- ~? . ~~.~ :>> C., , -~ C.~ ~ 0 co rr, ;p. c: ::::~ "~~ ~ ?: :~ <..0 ~ :i .--' WRIT OF EXECUTION and/or A IT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-4813 Civil Term_ CIVIL ACTION - LAW TO THE SHERIFF OF cllilIberland COUNTY: To satisfy the debt, interest and costs due Naugle Motors, Inc. PLAINTIFF(S) from Donald L. Flagle, II, 65 S. High St., Newville, PA 17241 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell All personal property ~ of Defendant including .1992 Dodge Stealth R/T VIN# JB3XE74GBNY063293 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Bank Accounts at Cornerstone Federal Credit Union GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subjectto attachment is found in the pol;session of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been add.ed as a garnishee and is enjoined as above stated. L.L. Due Prothy Other Costs $.50 Amount Due Interest $3,789.26 Atty's Comm Atty Paid Plaintiff Paid $117 fi? $'ifiR.39 % $32.00 $1.00 $180.00 $.50 State tax Date: August 30, 2000 Curtis R. Long Prothonotary, Civil Division a~ . Q ~cn/?A}vJ !;>y' Deputy REQUESTING PARTY: Address: Forest N. Myers 137 Park Place West Shippensburq, PA 17257 Attorney for: Plaintiff Telephone: 717-532-9046 Supreme Court ID No. 18064 Name ~~ - "iiil;r~"; '''"li<l!~;O;.o!!<iI~J~iil!~__,,~,,~~8,';~I~*'~_lIt!l;t-~.!lilllilJi!l ~ .~ (~ ~ ~~l ~~~ R """"'" Kline, Shoriff, who h."" do1y ~om =oromg Fla~ _ ~ r (. ~ thiswritisreturnedSTAYED,DUETOBANKRUPTCY,tjAf,TIb~TAKE .: \- ~ t!-.. IN SIX MONTHS. . ~ _fi;;' ~ =tfil ~. "\" ~ ~ . ~ ~ C) * . (S'?) ~~. Advan coJfs: ~13c1Jl. 00 lfiiJ.iJ . Sheri;~~sts: loSe. 0(') , f ~'8 ~ Refunded to Attyon 8/16/02 Sheriffs Costs: Docketing Poundage Advertising Law Library Pr-othonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee '''''''~'"''''''''''''''''''''lIlw'' ..:l:& ~.," i,*' -'~_~rililiiit ~ " ~ =-~, $ 18.00 2.70 10.00 .50 1. S-O f.3 ::3e "1 40.00 40.00 15.00 9.00 150:00 d ' , I Sworn and Subscribed to before me So Answers; -( C ~~~~~., this q!!::- day OLJp-;...J,. , . 2001.A.D. S2rc~, 0 'Yl-t,~O~ " # prot onotary R. Thomas Kline, Sheriff BCb~o->Q.~1 , '..' I j' <, " " ,,~ 1 , ~ n If' lifH1 I.~' i G vi:!! All ~~Ii'_;'i': o .J'oU c.k. 3? '13CJ fu., /:1 '1:2'1<{ ~"""'7__""e_,~",' ,,"~ ^~. "_,_",'=__~~~' '<-"''''"_'~',''"''''~,''.'<_~__'" ." __,~ ,,,,c~,,__,,,,, _. , - ro -,-