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Home My WebLink About01-06081 ~. 1. --'.~~':"~~, .' :# 01--- (jyo8J C;v~1 Date: March , 2001 $7,000.00 JUDGMENT NOTE We, ~ona1d E. Farner, Jr. and . Farner, husband and wife, of 23 Queen Ave., Eno1a, Cumberland County, Pennsylvania, and~ationwide Loo Home Restoration, Inc., a PA Corporation with offices at 216 Shady Lane, En01a, PA, jointly and individually known as "Obligors", promise to pay to Michelle Ciaramentaro of 114 Rainbow Trail, Denville, N.J. as "Obligee", her heirs and/or assigns, the sum of Seven Thousand ($7,000.00) Dollars due and payable as follows: The sum of One Thousand ($1,000.00) Dollars upon execution hereof; the sum of Five Hundred ($500.00) Dollars on or before April 1, 2001; the sum of Fifteen Hundred ($1,500.00) Dollars on or before April 1, 2001 and the sum of Two Thousand ($2,000.00) each on or before June 1 and July 1, 2001. In the event Obligee has not received any payment within ten (10) days of the due date thereof, the entire balance of the principal of this Note together with interest on unpaid principal at the rate of twelve (12%) per cent per annum from the date of execution hereof shall become immediately payable, without notice, demand, presentment, or protest, all of which are expressly waived by Obligors. Obligors 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. Obligors do 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 them for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution, and with Fifteen Hundred ($1,500.00) Dollars added for collection fees; and Obligors hereby agree 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 Obligors voluntarily condemn same, and authorizes the Prothonotary to enter said voluntary condemnation upon the Writ of Execution. Obligors further agree that any property, real personal or mixed may be sold 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 OBLIGEE SHALL ELECT, UNTIL SUCH TIME AS THE OBLIGEE HEREOF SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNTS OWING HEREUNDER, TOGETHER WITH COSTS. ., "'-~;'- ......., -,'''' , ~" -ill."t" .,. WAIVER IN EXECUTING THIS NOTE, WE, THE INDIVIDUAL OBLIGORS, UNDERSTAND THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVE OUR RIGHT TO CONTEST THE ENTRY OF THIS JUDGMENT AGAINST US IN COURT AND DO HEREBY CONSENT TO THE ENTRY OF THE JUDGMENT BY CONFESSION. WE, HEREBY CERTIFY THAT WE HAVE EARNINGS OF $10,000.00 OR MORE PER YEAR. Witness our hands and seals the day and year first above written. Witness: M~~",. (SEAL) (SEAL) Farner Secretary Attest: 'j:~'I'i1:""~""1'.', .".';"'" < '!""- "" , - , ~ ~ ~ 0- - ~ ~ ~ t ~ 0- E f ~ . . (p ~ ~ ~ ~ ~ .i~'" m ..Ilmm~~t.. "'~-'~nn lIf .j I'r!lilr~\U,miltl)l' ~ D ~ ~ - ~ .,.- Qj ~ 8 (") c=:;. C) 3 -.J c 'n ~ S :::.1- t? -or::; c, - mfT -\ -D z:c f''':: ~~~~: .j:: .ty: r.:;c;' -"I ~. ;?c. _..:"' , bO ~ )>c r-.2: :z; '0-.) =< c..) .:s s::::. V ,.",,".,_W'!,iillnlIlf!!F\~~, '. ,[~lrJ[~If'l~~I'~!*,~,~~!'\'!W)lf~!iWlI~lI!i'!~~~F;W'_jiV;",l;:'*'<';"'c._",,-" ',' . . ""1"",1"", '=:'k"j'~r~~"'''-'1?'':tl-1;'k'lW~\'!''''i"''1>-A;N"''''''7,:..,.~,,,.i)lj'~~~~~,"~:1: ,_ .1: r Co { .. . [ MICHELLE CIARAMENTARO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : COMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6081 v. DONALD E. FARNER, JR. and NATIONWIDE LOG HOME RESTORATION, INC., Defendant CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: (1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, Pennsylvania; (2) Against Donald E. Farner, Jr. and Nationwide Log; Home Restoration, Inc., Defendant; (3) And against N/A , Garnishee(s); (4) And index this writ (A) Against Donald E. Farner, Jr. and Nationwide Log Home Restoration, Inc., Defendant (B) Against N/A (Garnishee(s)) As a lis pendens against real property of the defendant(s) in the name of the garnishee(s) as follows (specifically describe property) Any and all personal property of the Defendant, Donald E. Farner, Jr. and Nationwide Log Home Restoration, of 216 West Shady Lane, EnoIa, Pennsylvania 17025. (5) Amount due $ 7,000.00 Interest from March 31, 2001 to August 6, 2003 @ 12% plus $2.30 per diem thereafter $ 1.972.1 0 Total $ 8,972.1 0 Plus All Costs in Offices ~. Of Prothonotary & Sheriff Dated: August 6, 2003 --.::- -=-~ .... ..::j~ieveni. Fi~Elll~', bsquire;'iD #16269 0::::::_______'"'..'.- Attorney for Plaintiff Salzmann, DePauIis & Fishman, P.C. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (71 7) 249-6333 NOTE Under paragraph (I) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3013(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3014(b). Paragraph (4) (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). .~-.:~, ~"- '~.T"'""""'''"'!' m - . .' MICHELLE CIARAMENTARO, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6081 DONALD E. FARNER, JR. and NATIONWIDE LOG HOME RESTORATION, INC., Defendant CIVIL ACTION - LAW WRIT OF EXECUTION - NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300.00. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following: (a) Fill out the claim form and demand a prompt hearing. (b) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to the court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. This and any future communication from our debt collection firm are attempts to collect a debt and information obtained will be used for that purpose. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 _o.,,'"""~,'" ,~ - >)"~'''rh'~'V''J'':"Jr'~~ __~ . ~. , l MICHELLE CIARAMENT ARO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6081 DONALD E. FARNER, JR. and NATIONWIDE LOG HOME RESTORATION, INC., Defendant CIVIL ACTION - LAW MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW (I) $300.00 statutory exemption (2) Bibles, school books, sewing machines, unifonns and equipment (3) Most wages and unemployment compensation (4) Social Security benefits (5) Certain retirement funds and accounts (6) Certain veteran and anned forces benefits (7) Certain insurance proceeds (8) Such other exemptions as may be provided by law CLAIM FOR EXEMPTION TO THE SHERIFF; I. The above-named defendant claims exemption of property from levy or attachment (I) From my personal property in my possession which has been levied upon: (a) I desire that my $300.00 statutory exemption be: [] I. Set aside in kind (specify property to be set aside in kind); [ ] II. Paid in cash following the sale of the property levied upon; or [] III. I claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession ofa third party, I claim the following exemptions: (a) My $300.00 statutory exemption: [] in cash; [] in kind (specify property): (b) Social Security benefits on deposit in the amount of: $ (c) Other (specify amount and basis of exemption); I request a prompt court hearing to determine the e)(emption. Notke of the hearing should be given to me at: Address Telephone Number I verifY that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: Defendant: THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY. ,"-j:>,~,JI ,~..' ---1- - "r' ! -," >Ii >- ~ ~ cc ..::r i'::: f c<'i: Lr. ~ l-' ? -.J:: U.J:;=,: ~ Q< ;JC'!: lI.) (l-.. '0 i.L.(_: :c >);2- lC !;l ~ " -- V:i( '::J-.. 9P 0... 0 .~;:,;: e5-~ r-- ':.-;;~ ~~ "- '.. ...- '0 J --.{ (l) :It. G:L:i J? 1r) ~-d <.!:; I:Z r=--: ::::0 ~iil.L1 (I l!_ "'" ,sa... ....... 0 r") ,,= ~ a ::J ~ 0 'mijU'YIMJII ~, ", Jl(lJlr,TI"!f~lrlfnq - -~, ," ._W", ""-', .~~ ,""",'"-.~ :-'''''-.:':~T~llllr-''''':'''''~tA\:ii4i(;~(i<? !;Jr~1IfT\r~'1~'Tnf~~:I~1~1~r;~'W'~fT1'~:r'r'~}; . <:} lLVl coO-: (JC"() ~o C. '1) IV) "~=~~~~~~~"~'i!l1!j\~;'<"'""i'"""'<'!W":ffi!~;rr'~E"''1''~''2'''''''''Cf',." "~+,,,: 'ie''''''' '''''''' 1"H'~r - r II UI ""If":,),,,, . WRIT OF EXECUtION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOOI-6081 Civil ClVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MICHELLE CIARAMENTARO Plaintiff (s) From DONALD E FARNER, JR. AND NATIONEWIDE LOG HOME RESTORATION, INC., 216 WEST SHADY LANE, ENOLE, P A 17025 (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT DONALD E FARNER, JR. AND NATIONWIDE LOG HOME RESTORATION. (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,000.00 Interest FROM 03-31-01 TO 08-06-03 @ 12% PER DIEM THEREAFTER Atty's Conun % L.L..50 $1,972.10 Atty Paid $32.00 Plaintiff Paid Date: AUGUST 7, 2003 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LON~ Prothono By: ~fYI" . dfl-r'f~o'unJ Deputy REQUESTING PARTY: Name STEPHEN J FISHMAN, ESQ. Address: 95 ALEXANDER SPRING ROAD, SillTE 3 CARLISLE, P A 17013 Attorney for: PLAINTIFF Telephone: 717-249-6333 Supreme Court ill No. 16269 - ~" ~ 'I - ill J>iII~" .' "~', -'.~ ~.> -," ," ~ ;;,;'~.wcm';' ~","' '." - ""'"'"TI'rY'':~:irbir~jfrrfC'~t~r''''' '?'f<;'*'<;;'\'.:~~~Uf:;~">,,,~,"s.;rJ1rr\$"10[~t!~'~ltl~~''l~~cr'f""~"~ t:5. ;2f-C jiJ ~ ~, n1~l,,~nt 1! -_ '''''\-~~~_'_''r~~~\1i!,ilIl~i!i'~I'M#Hiffl'''II~.%l'f''''fN"~i\7'''~f(r~!",:"","ce'" C,'<I;':'"n'.: ,:"';', 'T;"".~,n:;i"'(S7f~W,L~"FJ;l,j~,'ffiW,l',"'!$')~1"'iit,'i''f; ''f~''nul",,'Ti''?)~~r;~l <n_ j;.. \ ~ ,~~ ~ i\ ~1~ ':;~J"'1P<""~r<_,""_'_ Lr .~. WRIT OF EXECUTION and/or ATTACHMENT NOOI-60S1 Civil CIV1L ACTION - LAW COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MICHELLE CIARAMENTARO Plaintiff (s) From DONALD E FARNER, JR. AND NATIONEWIDE LOG HOME RESTORATION, INC., 216 WEST SHADY LANE, ENOLE, P A 17025 (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT DONALD E FARNER, JR. AND NATIONWIDE LOG HOME RESTORATION. (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 (8) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(8) uot levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify bimlher that he/she lias been added as a garnishee and is enjoined as above stated. AmountDue $7,000.00 Interest FROM 03-31-01 @ 12% PER DffiM THEREAFTER $1,972.10 Atty's Cornm L.L..50 % Due Prothy $1.00 Other Costs Atty Paid $32.00 Plaintiff Paid Date: AUGUST 7, 2003 (Seal) By: REQUESTING PARTY: Name STEPHEN J FISHMAN, ESQ. Address: 95 ALEXANDER SPRING ROAD, SUITE 3. CARLISLE, P A 17013 Attorney for: PLAINTIFF Telephone: 717-249-6333 Supreme Court ill No. 16269 TRUE COP'Y FROM RECORD In T 'st,mony whereof, I here unto set my hand and the s"1 of sai Court at arlisle, Pa. Th' .......:t...... . "1 i@... . .... thOllOtarv ..' ~j f( "' """,,,". , '0 . - "~~~ ..-. ~,~ ~ .. W' ='.~" ~ .=" 'Uf"-' '''""If" 'IT-'<''':'tt21N't~'if'm'':'-''''~'''''''''"'':O ,,,'_.:.o:r-."" '0 '<', ''-''f'f' , '~ltii(~'~'tf':jYn?~'ii~'~::~;__<i:r;,,'} :5 4.. 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 Post Pone Sale G afiUbhee TOTAL Advance Costs: Sheriffs Costs: i 18.00 1.20 150.00 61.05 $ 88.95 .50 1.00 10.35 30.00 Refunded to Atty on 08/22/03 $ 61.05 Sworn and Subscribed to before me ~~ This :l:>Adayof~~ 2003 AD. ~ {J ~ /..JFf rothonotary RC1=;:'q~f~~t~. By Claudia A Brewbaker o '- " <> ~ } 5"0 Ck..LJ/?J'-I ~. /'11'173 ~,',., _,~.,l"" _ flI'ij[lW'iliW!~:illal!ft_~~~!I'!'R'~'~~"'''!!F\!'-~",,'~i!'~_~I!!'''l''I!l''#O~J!I!Illm~'.\'''~'I!'og,'~q"",.",;-'~'-~"-';Pi'~'''''"f"'U ""rl,'i''''':'.'j')'f'~''~lllI!ill'~ffl!f.!!~l~;J1;lf~~~~!!l~ij