HomeMy WebLinkAbout98-01191
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEAl.TH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF , n
Cumberland
To satisfy lhe debt, Inlerest and cosls due _,_ Ronzllc1_.L~.~ S!:i:'c1"::':__..
COUNTY:
NO,
~8-1191 Ci.vil 'I'enn
CIVil ACTION.. lAW
------'' ., ..,',.,',.,-~--~.-,-..._---._--______PLAINTIFF(S)
from John_R. _Hall.. 5Wes.L\Li.ne.Street,.5hiremanat.(;4>/fi,..l'A_oJ;....t.Ae-,gfficlil of tfJ..
"QQJ1)QJ;<\tion,..U2" Nor.thlillnov.er 3.treet.,.....Cal:llsle,.PA.UOl1--___ ________,__
,.- ____nun. "--'-'--'-.---~--_..__.___,__..._____._ DEFENDANT(S)
(1) You are directed to le~y upon Ihe prope~y oflhe delendanl(s) and 10 sell_2.2.L.1ill_i!..r..Q,LQ..f sto.rd<.....i!'L.
Neo-ClaFlsic Neon, Tne. owned by the l10fendClnt
--....-.... a.___ .._.__..___.__.....____..__. _...... m_.__._._.._________ .___n_____' - ..----.,..-.-...~."--._~-.-____H___.___~
(?o) You are also directed to attach the prope~y of the defendant(s) not levied upon in the possession of _____
"__m_._____.________.____.______ GARNISHEE(S) as follows:
and 10 notlly the garnishee(s) lhal: (a) an attachmenl has been Issued; (b) tho garnishee(s) Is/are enjoined trom paying any
debt to or for lhe account of the defendant(s) and from delivering any prope~y of the delendant(s) or otherwise disposing
thereof;
(3) Ifprope~yolthedefendant(s) not levied upon an subjecllo attachment is found inthepossesslonof anyone other
thana named garnishee, you are directed 10 notify him/her that he/she has been added as agarnishee and is enjoined as above
staled,
Amount Due_____.__ill+1l0Cl..00______, ,
Interesl April1.2,.,19,2fi_-,:: ,~9. 86!i..1i_L...,um_
Atty's Commn_______ %
Ally Paid __._m_.__h~_~2,gO._.__________
Plalntlll Paid________.,___________________
Date______.~~b!:lI~!Y. 2, _?OO~___h___._
REQUESTING PARTY:
Name Davi.d Schaumann, Esg",____,_____
Address: Blakey Yost BUP..l?....L;:!cha)JJ]lgnn..___
_,lL..E:fist MarkSit StreeL_________
Attorney for: Y9J:kL,I'A.J...7A'O"L__._.____._m__'_______
Telephone: ]!]::.f)<15___1lilA _____.~___,___m__
Supreme Court ID No, ,__.16.675......__,
I.L,_.$..5.U__u_,______
Due Prolhy .___$.1.0Q____._,____,_
Othor Costs
Curtis R, IDng
.~-~-_...~.~.._----
Prothonotary, Civil Division
b~h2C?p~J;D~___
uty
JUDGMEN1' N01'E
tI c; J<
INI
eL~;i(
$25,000.00
Dated: April 15, 1996
FOR VALUE RECEIVED, John R. Hall, 132 North Hanover Street,
carlisle, Cumberland county, Pennsylvania 17013, the undersigned
Borrower, promises to pay to the order of Ronald L, Slyder, his
agents or assigns, the principal sum of Twenty-Five-Thousand and
00/100 Dollars ($25,000,00), together with interest at an annual
rate of ten and one-half percent (10,5%), payable as follows:
(b)
Interest on the principal sum shall be payable in monthly
installments of Two-hundred-eighteen and 75/100 Dollars
($218,75) to Ronald L, Slyder, 75 Acco Drivel York, York
county, Pennsylvania 17402, or at such other place as he
may from time to time direct, on or before the 1st day of
each monthi
The principal sum of Twenty-Five-Thousand and 00/100
Dollars ($25,000,00) shall be payable to Ronald L.
Slyder, 75 Acco Drive, York, York county, Pennsylvania
17402, or at such other place as he may direct, on or
before May 1, 1998,
(a)
CONFESSION OF JUDGMEN~
The undersigned Borrower hereby empowers any prothonotary,
Clerk of court, or any attorney of any court of record within the
United states or elsewhere, to appear for the undersigned Borrower,
and with or without. declaration, to confess jur1gment at any time or
times against each, any or all of the undersigned Borrower and in
favor of said Holder hereof for the above sum, plus attorney's
commission of five (05%) percent for collection (but in no event
less than $300,00), The undersigned Borrower hereby releases all
errors and expressly waives all rights to any stay of execution
under any law or rule of court now in force or hereinafter
reenacted. All of the foregoing promises are the joint and several
promises of the undersigned Borrower and shall bind the undersigned
Borrower, his personal representatives, successors and assigns,
The undersigned Borrower and all endorsers waive protest, demand
and notice of nonpayment of this Note,
If a judgment is confessed, as herein provided, it shall
create a lien which attaches to property owned by the undersigned
Borrower.
PLEASE READ AND SIGN THE ATTACHED EXPLANATION OF RIGHTS
BEFORE YOU EXECUTE TillS ,lUDGMEN1' NOTE
IN WITNESS WHEREOF, and intending to be legally bound hereby,
the undersigned)Borrower has h~re~nto set his/her/their hands and
seals, this IS' day of 1-tpc:..<-<2. ,., 19.:lk.,
WIT~.f a. fhf! W-
;-'
EXPLANATION Of" RIGHTS
For Confession of Judgment
A. The undersigned Borrower clearly and specifically
understands that by signing this Judgment Note dated the 15th day
of April, 1996, in the amount of Twenty-Five-Thousand and 00/100
($25,000.00) Dollars, payable to Ronald L, Slyder, his agents or
assigns, hereinafter' known as Obligee, which contains a Confession
of JUdgment clause:
1, I will authorize Obligee to enter a judgment against
me and in favor of Obligee which will give Obligee a lien upon any
real estate which I may own, including my home; and
2, I will give up the right to any notice or opportunity
to be heard pr.ior to the ent:cy of this jUdgment. on the records of
the court; and
3, I will agree that Obligee can enter this jlldgment
without any proof of nonpayment or other default on my part; and
4. I will subject all of my property/ both personal
property and real estate, to execution and Sheriff's sale,
pursuant to this judgment, prior to proof of nonpayment or other
default on my part; and
5. I will be unable to challenge this judgment, should
Obligee enter it, except by a proceeding to open or strike the
judgment, and such a proceeding will result in attorney's fees and
costs which I will have to pay.
B. The undersigned Borrower knows and understands that it is
the Confession of Judgment clause in the above described Note which
give Obligee the rights enumerated in Subparagraphs 1 through 5 of
Paragraph A, above.
If' I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT
CLAUSE, I UNDERSTAND THAT I WOULD HAVE THE FOLLOIHNG:
1, The right to have notice and an opportunity to be
heard prior to judgment; and
2. The right to have the burden of proving default rest
upon Obligee before my property can be exposed to execution;
and
3. The
attorney's fees and
confessed judgment;
right
costs
and
to avoid the additional expense of
incident to opening or striking off a
C, Fully and completely understanding these right I have
prior to signing the above described Note; and clearly aware that
these rights will be given up, waived, relinquished and abandoned
if I sign the Note, I nevertheless freely and voluntarily choose to