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HomeMy WebLinkAbout07-0766ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 2&& CIVIL ACTION-LAW JOHN OSBORN, II CONFESSION OF JUDGMENT 91 COLD SPRINGS ROAD CARLISLE, PA 17013 Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Plaintiff and confess judgment in favor of the Plaintiff and against defendant as follows: Principal interest to 02/02/07 ($2.38 per diem) Attorney Fees Costs to 02/02/07 Late charge $8,378.14 $ 252.85 $1,000.00 $ 99.75 L-1-00--00 TOTAL: $9,830.74 J David A. Baric, Esquire Attorney for Plaintiff d a b. dir/orrstownbank/osbo rn/con fession j udgment.pld CERTIFICATE OF SERVICE I hereby certify that on February q , 2007, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Confession Of Judgment, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John Osborn, II 91 Cold Springs Road Carlisle, Pennsylvania 17013 David A. Baric, Esquire ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff NO. 2007- V. CIVIL ACTION-LAW JOHN OSBORN, II CONFESSION OF JUDGMENT 91 COLD SPRINGS ROAD CARLISLE, PA 17013 Defendant COMPLAINT IN CONFESSION OF JUDGMENT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. The principal business of address of Orrstown Bank is 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The last known address for Defendant, John Osborn, II, is 91 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about November 19, 2002, Defendant executed a Promissory Note payable to Orrstown Bank. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and is incorporated by reference. 4. Judgment is not being entered by confession against a natural person in connection with a consumer transaction. 5. Demand has been made on Defendant to pay the amount due and owing under the Promissory Note and he has, without justification, failed and refused to pay. 6. Judgment has not been entered on the Promissory Note in any other jurisdiction. 7 The amount due and owing is calculated as follows: Principal $8,378.14 Interest to 02/02/07 $ 252.85 ($2.38 per diem) Attorney Fees $1,000.00 Costs (to 02/02/07) $ 99.75 Late charge 100.00 TOTAL: $9,830.74 WHEREFORE, Plaintiff requests judgment as authorized by the warrant in the amount of $9,830.74 Respectfully submitted, 'BRIEN, BARIC & SCH R G j David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Orrstown Bank dab.dir/orrstownbank/osborn/confessioncomplaint.pld 02/06/2007 16:15 7172495755 OBS PAGE 04 VER-MCATION The statements in the foregoing Complaint In Confession Of Judgment are based upon information which has been assembled by my attorney in this litigation. T.h.e language of the statements is not my own. I have read the statements; and to the extent that they are based upon information, which I have given to may counsel, they are true and correct to the best of my knowledge, infonnation and belief I understand that Use statements herein are made subject to the penalties of 18 Pa_C.S. § 4904 relating to unsworn falsifications to authorities. DATE: o7. 7 . J 7 etsy T. Smith Collector I References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular ioan or item. I Any item above containing ""'" has been omitted due to text length limitations. Borrower: JOHN OSBORN (SSN: 002-46-0813) DBA: Lender: ORRSTOWN BANK OSBORNS FOOTWEAR STONEHEDGE OFFICE 1039 NORTHFIELD DR. 427 STONEHEDGE DRIVE CARLISLE, PA 17013 CARLISLE, PA 17013 Principal Amount: $9,418.97 Initial Rate: 6.250% Date of Note: November 19, 2002 PROMISE TO PAY. JOHN OSBORN ("Borrower") promises to pay to ORRSTOWN BANK ("Lender"), or order, In lawful money of the United States of America, on demand, the principal amount of Nine Thousand Four Hundred Eighteen & 971100 Dollars ($9,418.97), together with interest on the unpaid principal balance from November 19, 2002, until paid in full. PAYMENT. Borrower will pay this loan immediately upon Lender's demand. Payment In full is due immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning December 19, 2002, with all subsequent Interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. The annual interest rate for this Note Is computed on a 3651360 basis; that Is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Wall Street Prime (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavo able during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4250% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 2.000 percentage points over the Index, resulting in an initial rate of 6.250% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a regularly scheduled interest payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, whichever is greater. If Lender demands payment of this loan, and Borrower does not pay the loan in full within 16 days after Lender's demand, Borrower also will be charged either 5.000% of the sum of the unpaid principal plus accrued unpaid Interest or $50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and EXHIBIT "A" PROMISSORY NOTE (Continued) thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Page 2 LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the debt against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 GENERAL PROVISIONS. This Note Is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. The lien arising from any judgment confessed or entered pursuant to the foregoing authority shall not extend to any of Borrower's residential real property as that term is defined in the Pennsylvania Act of January 30, 1974 (Pa. Laws 13, No. 6), referred to as the Loan Interest and Protection Law, as amended, and the holder of any judgment confessed or entered pursuant to the forgoing authority shall not, in enforcement of any such judgment, execute, levy or otherwise proceed against any such residential real property; provided, however, that the lien of such judgment shall extend to such residential real property and that the holder thereof shall be permitted to execute, levy or proceed against such residential real property from and after the entry of a judgment as contemplated by Section 407 of such Loan Interest and Protection Law and Rules 2981 to 2986 of the Pennsylvania Rules of Civil Procedure, or successor or similar statutes and rules. No limitation of lien or any execution, levy or other enforcement contained in the immediately preceding sentence shall apply with respect to any judgment obtained other than by the foregoing authority to confess or enter judgment. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. V LASER PRO Landing, Var. 5.21.00.003 Copr. Harland Financial Solutions, Inc. IM, 2002. All Rights Reserved. - PA C:%CFI%LPL%D20FC TR-4260 PR-13 . CERTIFICATE OF SERVICE I hereby certify that on February u , 2007, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Complaint In Confession Of Judgment, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John Osborn, 11 91 Cold Springs Road Carlisle, Pennsylvania 17013 David A. Baric, Esquire 0 r-> '. ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JOHN OSBORN, II 91 COLD SPRINGS ROAD CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 749k CIVIL ACTION-LAW CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is counsel to the Plaintiff herein, and as such states the following: The Defendant, John Osborn, II, is not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The Defendant, John Osborn, II, is more than 21 years of age and has a current address of 91 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. He has ascertained the above information by personal investigation and makes this Affidavit with due authority. David A. Baric, Esquire Sworn to and subscribed before me this day of February, 2007. Nt ?"; r.a r-= '-? `- ca ?.; -°? ,.? ?:? ,- 1 ? ,.' ., 4 f'; Wes, 4, n ? ? , __ ? Wr ?? ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 7&& CIVIL ACTION-LAW JOHN OSBORN, II CONFESSION OF JUDGMENT 91 COLD SPRINGS ROAD CARLISLE, PA 17013 Defendant NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: John Osborn, II 91 Cold Springs Road Carlisle, Pennsylvania 17013 A judgment in the amount of $9,830.74 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff C"; r? t ^? - _ ? _f 7 'j-f I i __.,. ?? _,?_ ?'-?j -.? ? ? tr _.` ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JOHN OSBORN, II 91 COLD SPRINGS ROAD CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007- 7(p6, : CIVIL ACTION-LAW CONFESSION OF JUDGMENT CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND David A. Baric, Esquire, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief, the addresses of the judgment creditor and the judgment debtor in the above-captioned case are as follows: Plaintiff: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Defendant: John Osborn, II 91 Cold Springs Road Carlisle, Pennsylv a 17013 44 W, David A. Baric, Esquire Swo t and subscribed before me this day of February, 2007. t t Jennifer G. Ur, "I PUU, C G rl?7i? r e o?: ?, i Carty ?a 2N7 d ab.dir/orrstownbank/osborn/address.aff T° - c_r ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- • 7?1P CIVIL ACTION-LAW JOHN OSBORN, II CONFESSION OF JUDGMENT 91 COLD SPRINGS ROAD CARLISLE, PA 17013 Defendant AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for Orrstown Bank, the Plaintiff herein, and hereby certify that judgment is not being entered against natural persons in a consumer transaction. Respectfully submitted, O' EN, BARIC & SCHERE 6 4 1 ?/_ David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab. dir/orrstownbank/osborn/commercialtransaction. aff ?? ?? ? .? C.? 1d ?? ?F ?? ?.a. 1 _.l ._ _. ..., .. .. ?ms,.N " 4,.- _ .__. -i ?-> -°<'; ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 ` Plaintiff NO. 2007- 7e ? V. CIVIL ACTION-LAW JOHN OSBORN, II CONFESSION OF JUDGMENT 91 COLD SPRINGS ROAD CARLISLE, PA 17013 Defendant NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: John Osborn, II 91 Cold Springs Road Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. is/ ?? . Prothonotary i,w Date: 9? r. ....A IN TEE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. JOHN OSBORN, II 91 COLD SPRINGS ROAD CARLISLE, PA 17013 Atty'sComm Defendant ; Costs TO THE PROTHONOTARY OF THE SAID COURT: 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 CUMBERLAND County, for debt, interest and costs, upon the following described property of the defendant (s) ANY AND ALL PERSONALTY OWNED BY THE DEFENDANT LOCATED AT 91 COLD SPRINGS ROAD, CARLISLE, PENNSYLVANIA 17013 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest 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) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis p ens inst re o j S?fend described in the attached exhibit. Date d Signature: Print Name: DAVID A. BARIC, ESQUIRE Address: ® Confessed Judgment ? Other 2007-766 CIVIL TERM : Amount Due $9,830.74 . File No. : Interest Attorney for: Telephone: 19 WEST SOUTH STREET CARLISLE, PENNSYLVANIA PLAINTIFF (717) 249-6873 17013 Supreme Court ID No: 4 4 8 5 3 o WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Orrstown Bank 77 East King Street, Shippensburg, PA 17257 Plaintiff (s) From John Osborn, II N02007-766 Civil CIVIL ACTION - LAW 91 Cold Springs Road Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personalty owned by the defendant located at 91 Cold Springs Road, Carlisle, Pennsylvania 17013 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,830.74 Interest L.L.$.50 Atty's Comm % Atty Paid $46.00 Plaintiff Paid Date: March 28, 2007 (Seal) Due Prothy $2.00 Other Costs C s R. Lon ono ry By: Deputy REQUESTING PARTY: Name David A. Baric, Esq. Address: 19 West South Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-6873 Supreme Court ID No. 44853 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS OSBORN JOHN II KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGMENT was served upon OSBORN JOHN II the DEFENDANT at 1510:00 HOURS, on the 23rd day of February , 2007 at 1101 CLAREMEONT ROAD CARLISLE, PA 17013 by handing to a true and attested copy of CONFESSION OF JUDGMENT together with NOTICE, COMPLAINT IN CONFESSION OF JUDGMENT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 .00 3?6P?I ?? 32.79 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/26/2007 OBRIEN BARIC SCHERER By: tl &*ritt A. D. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ Advance Costs: 150.00 67.41 18.00 $ 82.59 1.33 .50 2.00 Refunded to Atty on 08/10/07 4.80 20.00 20.00 .78 67.41 J 7)5? So w ; R. Thomas Kline, Sheriff J\ylaudia A. Brew aker C? OE :8 V r- 0'- LIN 0 v _ j Ce. ?t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02007-766 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Orrstown Bank 77 East King Street, Shippensburg, PA 17257 Plaintiff (s) From John Osborn, II 91 Cold Springs Road Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all personalty owned by the defendant located at 91 Cold Springs Road, Carlisle, Pennsylvania 17013. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,830.74 Interest Atty's Comm % Atty Paid $46.00 Plaintiff Paid Date: March 28, 2007 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs C s R. Lon , r th not By: Deputy REQUESTING PARTY: Name David A. Baric, Esq. Address: 19 West South Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-6873 Supreme Court ID No. 44853