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Home My WebLink About00-08377 ~ ~='- tf (/)-1377 (",';1/'11 November 29,2000 $5,500.00 JUDGMENT NOTE Kristopher Craig (d.o.b. 1.15.78; social security number 164.60.3659), formerly of 9 Ritner Gardens, Shippensburg, PA, known as "Maker", promises to pay to William L. Shearer, Jr., of 33 S. Pitt Street, Carlisle, Pennsylvania, as "Holder", or his heirs and/or assigns, Five thousand five hundred Dollars and 00/100 ($5,500.00) on or before December 1, 2000. Should Maker fail to pay the entire balance by December 1, 2000, the entire balance and the accrued interest thereon, calculated at the legal rate, shall become immediately payable, without notice, demand, presentment, or protest, all of which are expressly waived by Maker. Maker shall have the right to prepay all or any part of the principal amount of this Note at any time or from time to time without premium or penalty, provided that Maker pay at the same time all interest accrued thereon to the date of payment. In addition, Maker does hereby authorize and empower the Prothonotary or any Attorney of any Court of Record of Pennsylvania or elsewhere to appear for and enter judgment against him for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution, and with 15 percent added for collection fees; and Maker hereby agrees not to make any motion or any application whatsoever to any Court for an inquisition on any real estate that may be levied upon to collect the aforesaid sum, and Maker voluntarily condemns same, and authorizes the Prothonotary to enter said voluntary condemnation upon the Writ of Execution. Maker further agrees that any property, real, personal or mixed, may be seized, sold or garnished through a Writ of Execution and further hereby waives and releases all relief from any and all appraisements, stay or exemption of any State now in force or which are passed hereafter. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF SHALL ELECT, UNTIL SUCH TIME AS THE HOLDER HEREOF SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNTS OWING HEREUNDER, TOGETHER WITH COSTS. This note is signed by Maker in favor of Holder for claims Holder has against Maker for lot rent, late fees, storage, clean-up, removal and disposal of a mobile home owned by Maker which is on real estate owned by Holder. Holder agrees to accept this Note from Maker in a lesser amount of the actual damages suffered by Holder in exchange for the Holder's convenience of not pursuing litigation for the sums Maker owes Holder. WAIVER IN EXECUTING THIS NOTE, I UNDERSTAND THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVE MY RIGHT TO CONTEST THE ENTRY OF THIS JUDGMENT AGAINST ME IN COURT AND DO HEREBY CONSENT TO THE ENTRY OF THE JUDGMENT BY CONFESSION. I HEREBY CERTIFY THAT I HAVE INCOME OF $10,000.00 OR MORE PER YEAR. II . Page 2 of 2 Witness my hand and seal the day and year first above written. Signed, sealed and delivered in the presence of ~~ ~~ . 'ophe alg II i' I i (SEAL) j ~~~~ .~~ ~.-"' c:: C7 ~ (:i:^ ~ ~.> ~ !I!lIiIII\II!Il!.UIi II 'L.Jii:'li.."'.~~;,jj",,", 7:::::>("""0, ~7S -~ c::::-- .-C......c:.. 0'0 oV v- \ """..Iii.... ' ~ .-S::::- , <e ~ ~?!i: o ry> ...-; ~. ~ ~ 0' ~ c)\ \'\ j ~ ' ',- ,'" d ~.t? r::Z ;;:0 ~(") >0 c ~. .. <::> Cl o ,..., C"') I ~ .-4 .,,~-- i+iPJ ;giE ~;{,2.:} ~~ tSr-ri ~ ~ " :x ~ <::> ,~ "" - -, -llIIliiiaIiiilm-",- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION WILLIAM L. SHEARER, JR., Caption: PLAINTIFF VS. KRISTOPHER CRAIG, c/o FRANCES NEAL 128 NEAL RO~.s.SHIPPENSBURG, PA 17257 : ALLFIRST BI\NK, DEFENDANT ( ) Confessed Judgment ( . ) Other File No. 2000-8377 AmountDue $5,500.00 Interest NONE GARNISHEE 28 WALNUT 00l'r0M ROAD SHIPPENSBURG, PA 17257 Atty's Comm Costs NONE 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 for debt, interest and costs, upon the following described property of the defendant(s) County, PRAECIPE FOR ATTACHMENT. EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND 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) ANY AND ALL BANK ACCOUNTS, MONEY ON DEPOSIT OR ASSETS IN YOUR POSSESSION IN THE NAME OF KRISTOPHER L. CRAIG. D/O/B 1-15-78. and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date JANUARY 9, 2001 Signature: Print Name: Address: ~<<~ Attorney for: Telephone: Supreme Court ID No.: MICHAEL A. SCHERER,ESQ. 17 WEST SOUTH STREET CARLISLE. PA 17013 PLAINTIFF (717) 249-6873 61974 (over) ~~iIlI"~;.lilWjlBii;;i~l>-'-i1oikliiliilii:l!:"""'>I.i6~~"l1Ji\~'''i>lik."''-t~'''''!iI:i1b'"';)"~'!",."'<~~iliNID~...~~~~iIiiIlloiOlli!li~-'-""'''''''"'''~'~-~'''~~'';!li~~_iZ~d'lli~ -......." 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. ~~ ~: ~ rP "-'7>< "'~" '",,~,,_, "-~~__-0"'__' ,"1...-, ^'_<,~_0_'^'_,<~' ,__,~, "_~,~" _^T.J .,._",. L w ~ B ~ ~ ~ (9 ~ ~ . \ oj;'" . ~ ~ s ~~. ..~ l~ \ ~ ~~ ~~ ~" -() ~ -r) (=~~, rnr-.-'. ~t~';; &~~ ,~- j>,-, ~g -< o ID r-,;, ~ : -; ! ~ " ,: ~ ::; ~~:.' ", . ---""'~'"""".~" ,~j ~~ ~ '~ - L,..'l'" ' SHERIFF'S RETURN - GARNISHEE CASE NO: 2000-08377 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND SHEARER WILLIAM L VS CRAIG KRISTOPHER And now SHAWN HARRISON ,Sheriff or Deputy Sheriff of Cumberland County of pennsylvania, who being duly sworn according to law, at 1340:00 Hours, on the 11th day of January ,2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , in the CRAIG KRISTOPHER hands, possession, or control of the within named Garnishee ALLFIRST BANK 2 WEST HIGH ST. CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BARBARA BIXLER, BRANCH MANAGER personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So an,.s~~ .r~v---,.c=~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this "l,'f-e day of ~ ~ A.D. llJllf<to (J. }wJ;JL./)~ prot~ohotary By \ 00/00/0000 .J IIIiil'liIib ) ., . WILLIAM L. SHEARER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8377 CIVIL TERM v. KRISTOPHER CRAIG, Defendant CIVIL ACTION-LAW WRIT OF EXECUTION v. ALLFIRST BANK, Garnishee PRAECIPE TO SATISFY AND DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as having been settled and discontinued. Respectfully submitted, O'BRIEN, BARIC & SCHERER Z.Z l.t:) \ ~4~ Michael A. Scherer, Esquire 1.0. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlitlshearer2.pra Ii _'" ,,,l,,..,-,-" eM<" ~~ ~ ' - ~~-" """'-"-_i<<lllj~,_ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2000-8377 CIVIL 19< CIVIL ACTION - LAW - TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due William L. Shearer, Jr., PLAINTIFF(S} from Kr1 ~Tnphp.r rrftli g c/o Frances Neal 125 ftea~ ~oaa, ~n2ppensourg, PA ~{L~{ DEFENDANT(S} (1) You are directed to levy upon the property of the defendant(s) and to sell (2) You are also directed to attach the property of the defendant(s} not levied upon in the possession of Allfir~t Bank 28 Walnut Bottom Road 5hlIJIJl::.lH::iLuLY, PA 11251 GARNISHEE(S) as follows: Any and all bank accounts, money on de osit or assets in your possession in the . .; and to nomy 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 of the defendant(s) not levied upon an subject to 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 added as agarnishee and is enjoined as above stated, L.L. $.50 Due Prothy $1. 00 Other Costs Amount Due $5,500.00 Interest Atty's Comm % Atty Paid $32 5Q Plaintiff Paid Date: January 9, 2001 Curtis R. Long Prothonotary, Civil Division by: '+#d ~. d/~. 95 Deputy REQUESTING PARTY: Name Michael A. Scherer, Esq. Address: 17 West South Street Carlisle. PA 17013 Attorney fO(Plaintiff Telephone: (717) 249 6873 Supreme Court ID No, 61974 ~("'. _~.."c' d-Bi'~"~ lifl.~.' ,-;'.'--l,'G',- ~iI~~\!;!W<I~~d~. - ""'-'i,: \; \ , I i '-""~,". ."",,"..;--~<->, s R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Advance Costs: Sheriffs Costs: 150.00 62.83 87.17 18.00 1. 23 .50 1.00 3.10 Refunded to Atty on 7/3/02 10.00 20.00 9.00 62.83 Sworn and Subscribed to before me So Answers; ~ ~~~~~~ ~ . '" R. Thomas Kline, Sheriff ByCJ QLlti'lolLB~4f this /1 'e.day ofQ. L , 2002 A.D. (;2r' C1 fh'~Jff ) pro 0 otary (11111 I" '1IHV'^lASHH3d 31SrnWQ \0. ~IV I1E 6 01 Kif ;&J.IIllQll aHv111311Hn~ '~'~til~fU'" ~u, _ H\ ~nH.N'Ot \,~ (')2... 31? 'i'5 d j&.v 1~13 .. ."~ l