HomeMy WebLinkAbout01-6081Date: March , 2001 $7,000.00
JUDGMENT NOTE
We, Donald E. Farne~, Jr. and Farner, husband and wife, of
23 Queen Ave., Enola, Cun~berland County, Pennsylvania, andre
Lo~ Home Restoration, Inc., a PA Corporation with offices at 216 Shady
~ane, Eno~a, 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 inquisiticn 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.
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.
WJ. tness:
Do d~~E. a~rne~Jr.
(SEAL)
Farner
(SEAL)
Attest:
Secretary
NATIONWIDE LOG HOME RE~.TORATION,
INC.
MICHELLE CIARAMENTARO,
Plaintiff
DONALD E. FARNER, JR. and
NATIONWIDE LOG HOME
RESTORATION, INC.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6081
:
: 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, Enola, Pennsylvania 17025.
(5) Amount due $ 7,000.00
Interest from March 31,2001 to
August 6, 2003 ~ 12% plus $2.30
per diem thereafter $ 1 972.10
Total $ 8,972.10 Plus All Costs in Offices
Of Prothonotary & Sheriff
Dated: August 6, 2003
...... even J an, t'.sqmre, ID #16269
Attorney for Plaintiff
Salzmann, DePaulis & Fishman, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333
NOTE
Under paragraph (1) 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 sheriffofthe county in
which issued.
Paragraph (3) above should be completed only ifa 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 nanle of a garnishee is attached and indexing
as a lis pendens is desired. See Rule 3104(c).
MICHELLE CIARAMENTARO,
Plaintiff
DONALD E. FARNER, JR. and
NATIONWIDE LOG HOME
RESTORATION, 1NC.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBER]LAND COUNTY, PENNSYLVANIA
: NO. 01-6081
:
:
: CIVIL ACTION - LAW
~MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW
(1) $300.00 statutory exemption
(2) Bibles, school books, sewing machines, uniforms and equipment
(3) Most wages and Unemployment compensation
(4) Social Security benefits
(5) Certain retirement funds and accounts
(6) Certain veteran and armed forces benefits
(7) Certain insurance proceeds
(8) Such other exemptions as may be provided by law
TO THE SHERiFF: CLAIM[ FOR EXEMPTION
1. The above-named defendant claims exemption of property fi.om lev5, or attachment:
(1) 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 prope~;y 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 ora third party, 1 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 exemptinn):
I request a prompt court hearing to determine the exemption. Notice of the hearing should be
given to me at:
Address
Telephone Number --
I verify that the statements made in this Claim for Exemption are tree and correct. I
understand that false statements herein are made subject to
to unsworn falsification to authorities, the penalties of 18 Pa. C.S. §4904 relating
Date:
Defendant:
THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERiFF 'DF CUMBERLAND COUNTY.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTy OF CUIV~ERLAND) NO01-6081 Civil
CIVIL 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 NATIONEW/DE LOG HOME RESTORATION, INC.,
216 WEST SHADy LANE, ENOLE, PA 17025
(1) 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) Y°u are als° directed t° attach thc 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 had been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from deliver/rig any property of the defendant
(s) or otherwise disposing thereot~
(3) Ifpr°perty °f the defendant(s) n°t levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are dkected to notify him/her 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 DEEM THEREAJFrER $1,972.10
Atty's Comm
%
Atty Paid $32.00
PlaintiffPaid
Date: AUGUST 7, 2003
L.L..50
Due Prothy $1.00
Other Costs
(Seal)
REQUESTING PARTY:
Name STEPHEN J FISHMAN, ESQ.
Address: 95 ALEXANDER SPRING ROAD, SUITE 3
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6333
Supreme Court ID No. 16269
CURTIS R. LONG
Pr°th°n°Sgl~ I/t~ ,
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs:
Docketing 18.00
Poundage 1.20
Advertising
Law Library .50
Prothonotary 1.00
Mileage 10.35
Surcharge 30.00
Levy
Post Pone Sale
G~anishee
TOTAL $ 61.05
Advance Costs: 150.00
Sheriff's Costs: 61.05
$ 88.95
Refimded to Atty on 08/22/03
Sworn and Subscribed to before me
This ,2g~day of ~
2003A.D. ~ ~, ~-~,~
Prothonotary
R.~O~$o(~'Th°mas Kline, Sherif~)~t~' ~ ~
By Claudia A. Brewbaker
cl l ~ ,~TM
/V/lt
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO01-6081 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MICHELLE CIARAMENTARO Plaintiff (s)
From DONALD E FARNER, ,IR. AND NATIONEWIDE LOG HOME RESTORATION, INC.,
216 WEST SHADY LANE~ ENOLE, PA 17025
(1) You are directed to lew 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 defandant(s) not levied upon an subject to attachmant 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 $7,000.00
Interest FROM 03-31-01 ~ 12% PER
DIlgM THEREAFTER $1,972.10
Atty'$ Corem
%
Arty Paid $32.00
Plaintiff Paid
Date: AUGUST 7, 2003
(Sea0
L.L..50
Due Prothy $1.00
Other Costs
CURTIS R. LONG j
P,°than°2¢ ·
REQUESTING PARTY:
Name STEPHEN J FISHMAN, ESQ.
Address: 95 ALEXANDER SPRING ROAD, SUITE 3.
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6333
Supreme Court ID No. 16269
TEUE COPY FROM RECORD
In ~ 'st,mony whereof, I here unto set my hand