Loading...
HomeMy WebLinkAbout08-4762`)4 . D $'- -,/ 76 -? tch? 7-, WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION - LAW) tog William G. Basonic Writ No. 2008-CV-02579-NT 440 North 48`h Street Harrisburg, PA 17111 Amount Due: $19,401.24 VS. COSTS Plaintiff Paid: $52.00 Joshua D. Lock and Joanne Lock This Writ: $29.00 37 Hill Crest Road Wormle sbur , PA 17043 O THE SHERIFF-OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs against Joshua D. Lock and Joanne Lock, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: See Attachment A and to notify the Garnishee(s) that: (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; (c) the attachment shall not include any funds in an account of the defendant with a bank or other financial institution (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (ii) the total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. sect. 8123. (3) if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. WITNESS, the Honorable Richard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County at the City of Harrisburg Tuesday, July 22, 2008. Stephen E. Farina, Prothonotary Requesting Party William G. Basonic, Plaintiff 440 North 48`h Street Harrisburg, PA 17111 (717) 561-8351 By: &-( ' , I _ Deputy AND NOW, Writ re-issued Stephen E. Farina, Prothonotary sv C= «s Z X a C c3 Fn G?- 4/7(.,7- a ATTACHMENT A Joshua D. Lock vd????rJ ,? d 37 Hill Crest Road Wormleysburg, PA 17043 717-730-4472 (Specifically describe property and note any specific direction to Sheriff) All vehicles located at residence Wedding Band and Wedding Ring All laptop computers All Televisions and cell phones located in the house All Jewelry located in the house Exercise equipment located in basement All furniture in house White Grand Piano located in house Rolex Watch belonging to Joshua Lock Watch belonging to r/d,?d f1 ?/f d All clothing and suits belonging to Joshua Lock All silverware All leather briefcases All Office furniture and bookcases located in house All baseball pictures and memorabilia All designer purses belonging toi OVIlf pe- dG ?< ?' rv 4z - J =-u W -G it- OE Thomas J. Weber, Esquire (#58853) GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 WILLIAM G. BASONIC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO. 2008 CV-4762 V. JOSHUA D. LOCK and JOANNE LOCK, Civil Action - Law Defendants DEFENDANTS' APPLICATION TO SET ASIDE WRIT OF EXECUTION AND NOW COMES the Defendants, Joshua and Joanne Lock, by and through their counsel, Goldberg Katzman, P.C., and, pursuant to Pa. R.C.P. No. 3121(d), applies to the Court to set aside the Writ of Execution entered in the above-referenced matter, and, in support thereof, asserts the following: Plaintiff William Basonic, pursuant to the transfer of Writ of Execution from Dauphin County, has caused a Writ of Execution to be entered against Joshua D. Lock and Joanne Lock. See copy of documents attached hereto as Exhibit A. 2. On or about July 22, 2008, Plaintiff caused a Writ of Execution to be filed with the Dauphin County Sheriff's Office at 2008-CV-02579. 3. Plaintiff does not have a valid judgment at docket number 2008-CV-27579. A copy of the Confessed Judgment and the Court's Order striking the confessed judgment entered by the Plaintiff is attached hereto as Exhibit B. 4. Plaintiff does have a judgment, currently on appeal with the Superior Court, at docket number 2008-CV-02574 in the Dauphin County Court of Common Pleas. Copies of the confessed judgment and Order denying Defendant's request to have the judgment stricken and/or opened, are attached hereto as Exhibit C. The only existing judgment obtained by confession by the Plaintiff is against only Joshua Lock. 6. The Writ of Execution entered by the Plaintiff is defective because it is to a docket at which he does not have a judgment. 7. The Writ of Execution is defective because it attempts to collect on a money judgment against an individual with whom the Plaintiff does not have a judgment. 8. Plaintiff has caused, pursuant to the defective Writ, to have a levy placed on property held jointly by Joshua and Joanne Lock, as husband and wife. 9. Any effort by Plaintiff to execute upon joint property is defective and improper under the laws of the Commonwealth of Pennsylvania. WHEREFORE, Defendants respectfully request that the Writ of Execution be set aside because it is defective in that it was entered at a docket at which Plaintiff does not have a judgment, and further, was entered against an individual against whom Plaintiff does not have a judgment. GO RG KAT , P.C. Date: November 26, 2008 Tho as J. Weber, uire (#58853) 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants 7L4.69 WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION - LAW2tCq William G. Basonic Writ No. 2008-CV-02579-NT 440 North 48`h Street Harrisburg, PA 17111 Amount Due: $19,401.24 VS. COSTS Plaintiff Paid: $52.00 Joshua D. Lock and Joanne Lock This Writ: $29.00 37 Hill Crest Road Wormleysbur% PA 17043 O THE SHERIFF-OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs against Joshua D. Lock and Joanne Lock, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: See Attachment A and to notify the Garnishee(s) that: (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof; (c) the attachment shall not include any funds in an account of the defendant with a bank or other financial institution (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (ii) the total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. sect. 8123. (3) if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. WITNESS, the Honorable Richard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County at the City of Harrisburg Tuesday, July 22, 2008. Stephen E. Farina, Prothonotary Reguestins Party: William G. Basonic, Plaintiff 440 North 48`h Street Harrisburg, PA 17111 (717) 561-8351 AND NOW, Writ re-issued Stephen E. Farina, Prothonotary By: &&,Ckn Deputy rRUE (;-U v Y 411,1M Yom. Testimony wherW, i bare unite set mfr hand d the seal 0f said on" at Carlisle, tom. day01,,.... I Ir - - : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : WRIT NO. CIVIL TERM 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 legal 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, 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 promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS 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 Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-(800)-990-9108 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WRIT NO. CIVIL TERM To the Sheriff: CLAIM FOR EXEMPTION I, the above named defendant, claim exemption of property from levy, or attachment: 1. From my personal property in my possession which has been levied upon, (a) I desire that my $300 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 (b) I claim the following exemption (specify property and basis of exemption): 2. From rhy property which is in the possession of a third party, I claim the following exemptions: (a) my $300 statutory exemption: p 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 exemption. Notice of the hearing 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. J understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6390 ATTACHMENT A Joshua D. Lock , fJ d ? dl /I 37 Hill Crest Road Wormleysburg, PA 17043 717-730-4472 (Specifically describe property and note any specific direction to Sheriff) All vehicles located at residence All laptop computers All Televisions and cell phones located in the house Exercise equipment located in basement All furniture in house White Grand Piano located in house / R 61 ex -UWGhJbelengii???,? All silverware All leather- fnnnns-- All Office furniture and bookcases located in house All baseball pictures and memorabilia %? 7 ?? l Plaintiff Vs. Wow Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. l?i??- G?/- o s 7 I -i?j CIVIL ACTION - CI 4? C, Defendant(s.) You are 'he?eby notified that on WY , judgment by confe i_ entered a ain t in t f was g s you sum o the above-captioned case. DATE:--)-, ? y Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.. IF YOU DO NOT HAVE A LAWYER OR CANNOT C; o AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET C= FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL -Cp b pdlj HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 3?p -? CD rn 213 N. Front Street pog Harrisburg, PA 17101 (717) 232-7536 O I hereby certify that the following is the address of the defendant(s) stated in the certi- ficate of residence: A , Demandado(s) DCBA-300-Rule 11.5(a)-4/3/81-M-4/24/81-M Por este medio sea avisado que en el dia qM de /N4Yth de 19;W, un f_allo por admision fue registrado contra usted por la cantidad de $ del caso antes escrito. Fecha: el dia de /llr de Pro notario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAP. DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 N. Front Street Harrisburg, PA 17101 (717) 232-7536 Por este medio certifico cue to siguiente es la direccion del demandado dicho en el certificado de residencia: Abogado(a) de Demandante(s) In the Court of COMMON PLEAS of Dauphin County vs. /v/o/ No. X1109, CV, Od,5 f,1V I Alm N C 5c::> _ ° rn'? ©m nqrll N ?::0 TO: Stephen E. Farina, Prothonotary Proth. - 3 C; ?/ c: 0 v???, ?S"7 fr? PROMISSORY NOTE $14,564.67 Harrisburg, PA AND NOW, this 31st day of October, 1995, for value received, JOSHUA D. LOCK and JOANNE LOCK, husband and wife, of Wormleysburg, Cumberland County, Pennsylvania, (hereinafter "Makers"), promise to pay to WILLIAM G. BASONIC, of Harrisburg, Dauphin County, Pennsylvania, the sum of Fourteen Thousand Five Hundred Sixty Four and 67/100 ($14,564.67) Dollars, without interest, as follows: Fourteen Thousand Five Hundred Sixty Four and 67/100 ($14,564.67) Dollars on or before December 31, 1995. Demand, presentment, protest, notice of protest, and notice of dishonor are hereby waived. In the event of the nonpayment when due of any payment due under this Note and if such default continues for a period of ten (10) days, then at the option of the holder of this Note, all of the amount then owing under this Note shall immediately become due and payable. The failure by holder of this Note to assert this right shall not be deemed a waiver. This Note shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. If payment of any portion of this Note shall not be made as state above, and any action is brought to enforce collection of this Note, Makers agree to pay fifteen (15%) percent as reasonable attorney's fees in any said action. Makers authorize any attorney at law to appear in any court of record in the Commonwealth of Pennsylvania, or any other state in the United States, on default in the payment of any installment due on the obligation, and waive the issuance and service of process, and confess judgment against Makers in favor of Holder for the amount of the Note, together with costs of suit and reasonable attorney fees as stated above, and to release all errors and waive all right of appeal. Witness the due execution hereof the day and year first above written. > N O cm v .? b z? x°?r' rn 3> C) CD < c = -+om In WitnPCC- DISCLOSURE FOR CONFESSION OF JUDGMENT WE ARE EXECUTING THIS NOTICE, THIS 31ST DAY OF OCTOBER, C? 1995, AS WELL AS PROMISSORY NOTE FOR $14,564.67, OBLIGATING US TO REPAY THAT AMOUNT. INITIALS -,'I) l A REPRESENTATIVE OF HANFT & VOHS HAS EXPLAINED TO US THAT THE NOTE CONTAINS WORDING THAT WOULD PERMIT WILLIAM G. BASONIC OR THE HOLDER OF THE NOTE TO ENTER JUDGMENT AGAINST ME (US) AT THE COURTHOUSE, WHETHER OR NOT SAID NOTE IS IN DEFAULT, WITHOUT NOTICE TO ME (US) AND WITHOUT OFFERING ME (US) AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT, AND THAT THE JUDGMENT MAY BE COLLECTED BY ANY LEGAL MEANS. INITIALS:*L, IN EXECUTING THE NOTE, WE ARE KNOWINGLY, UNDERSTANDINGLY, AND VOLUNTARILY WAIVING OUR RIGHTS TO RESIST THE ENTRY OF JUDGMENT AGAINST US AT THE COURTHOUSE, AND ARE CONSENTING TO THE CONFESSION OF JUDGMENT. INITIALS:L ??h,?( c, WE CERTIFY THAT OUR ANNUAL INCOME EXCEEDS $10,000.00, THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN WE INITIALED AND SIGNED IT, AND THAT WE RECEIVED A COPY AT THE TIME OF SIGNING. C: (SEAL) .?? iz 2 c-) F? V D C) c z (SEAL) Joann k N 0 o 3 b i Z t 0 C) c:) z?C--) CD F 12 C)+'rn< >m-nfl -C WILLIAM G. BASONIC IN THE COURT OF COMMON PLEAS Plaintiff OF DAUPHIN COUNTY, PENNSYLVANIA 70 IY C= ? ©' 7, Motion to Open/Strik& Judgment by Confess JOSHUA D. LOCK' yza Defendant NO. 2008 CV 02579 N co ORDER OF COURT AND NOW, this 19th day of June, 2008, upon consideration of the Petition to Strike and/or Open Judgment by Confession, Plaintiff's Answer filed thereto and argument held thereon this date, IT IS HEREBY ORDERED that the Petition is granted. The Court, upon review of the note in question, finds the Confession of Judgment is authorized only by an attorney at law, and that Confession was taken by Plaintiff, William G. Basonic, who is not a member of the bar of Pennsylvania. For this reason, the Confession was defective and must be stricken. COU Jo eph H. Klei el ter, i DISTRIBUTION: Wi'll' iam G. Basonic,440 N. 48th Street, Hbg., PA 17111 Thomas J. Weber, Esquire, 320-E Market St., Hbg., PA 17101 r r , Plaintiff VS. Defendant IN THE COURT.OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. c1 CIO 9-C V - 0?25- 7V-.1%J7_ CIVIL ACTION - Todjf Defendant(sj You are hereby notified' that' on A14111cl-) judgment by confession was entered against -you in the -sum o the above-captioned case. DATE:- Prothonotary I hereby certify that the following is the address of the defendant(s) stated in the certi- ficate of residence: YOU SHOULD TAKE THIS 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`LEGA.L G o HELP. > a°e DAUPHIN COUNTY LAWYER REFERRAL SERVICE ??. _.? 213 N. Front Street Z C3.??. Harrisburg, PA 17101 Ap -p ©rn< .(717) 232-7536 3 ---4at?t N A , Demandado(s) DCBA-300-Rule 11.5(a)-4/3/81-M-4/24/81-M Por este medio sea avisado gue en el dia `fix de All e de -i-9? g, un fallo por admision fue registrado contra usted por la cantidad de $ del caso antes escrito. Fecha: el d i a ? de fU de 11 Zvu? fi'm r a o • LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POP TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 N. Front Street Harrisburg, PA 17101 (717) 232-7536 Por este medio certifico que to siguiente es la direccion del dem.andado dicho en el certificado de residencia: A.bogado(a) de Demandante(s) zij In the Court of COMMON PLEAS of Dauphin County vs. ddsdd ?d?d NO. t gg6og-CY-dgS71 dUsd/?A lJ z V- (=©= 2v -4 rn-? s-nr? T? ic?r*? . ? TO: Stephen E. Farina, Prothonotary A Proth. - 3 DO Cv- 7y- N% 0? PROMISSORY NOTE $50,000.00 June 20, 2005 FOR VALUE RECEIVED, the undersigned, JOSHUA D. LOCK ("Borrower"), an individual residing in Wormleysburg, Cumberland County, Pennsylvania, promises to pay to the order of WILLIAM G. BASONIC, ("Lender"), an individual residing in Harrisburg, Dauphin County, Pennsylvania, the principal sum of $50,000.00 in accordance with the terms and conditions of this Note. Principal due under this Note shall be paid in lawful money of the United States in immediately available funds at Harrisburg, Pennsylvania or at such other place as Lender shall direct. 1. Interest Rate and Payment There shall no rate of interest calculated on this Note. 2. Principal Pam. Principal shall be due and payable within one year from the date of this Note in one lump sum installment of $50,000.00 upon demand by Lender. 3. Prepayment. All or any part of the unpaid principal balance may be prepaid by Borrower at any time without premium or penalty. 4. Event of Default. Borrower shall be in default under this Note if Borrower fails to pay when due any installment of principal or any other sum payable to Lender hereunder. Upon the occurrence of an event of default and at any time thereafter as long as such default is continuing, Lender may declare all liabilities and obligations of Borrower to Lender, evidenced by this Note, immediately due and payable and the same shall thereupon become immediately due and payable without any further action on the part of Lender. 5. Confession of Judgment. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT HEREUNDER, BORROWER DOES HEREBY EMPLOY THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE COMMONWEALTH OF PENNSYLVANIA TO APPEAR FOR BORROWER AND, WITH OR WITHOUT ONE OR MORE COMPLAINTS FILED, CONFESS JUDGMENT OR JUDGMENTS AGAINST BORROWER IN ANY COURT OF RECORD WITHIN THE COMMONWEALTH OF PENNSYLVANIA AT ANY TIME AFTER THE DATE OF THIS NOTE IN FAVOR OF LENDER, HIS HEIRS, SUCCESSORS AND ASSIGNS, FOR THE UNPAID PRINCIPAL BALANCE OF THIS NOTE, TOGETHER WITH COSTS OF IT h, AND A REASONABLE ATTORNEY'S COMMISSION FOR COLLECTION OF SL H s SUMS, AND BORROWER HEREBY FOREVER WAIVES AND RELEASES A?ND: 4?'F ALL ERRORS IN SAID PROCEEDINGS AND WAIVES STAY OF EXECUTI *ND d STAY, CONTINUANCE OR ADJOURNMENT OF SALE ON EXECUTION. -1- ~ ?© 4. '"? RD AUTHORITY AND POWER TO APPEAR FOR AND ENTER JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ONE OR MORE EXERCISES THEREOF, AND MAY BE EXERCISED FROM TIME TO TIME AND AS OFTEN AS LENDER OR HIS HEIRS, SUCCESSORS AND ASSIGNS SHALL DEEM NECESSARY OR DESIRABLE. 6. Miscellaneous. Borrower hereby waives presentment, demand, protest or notice of any kind in connection with this Note. Borrower shall pay Lender on demand any reasonable out-of-pocket expenses (including reasonable legal fees) arising out of or in connection with any action or proceeding (including any action or proceeding arising in or related to any insolvency, bankruptcy or reorganization involving or affecting Borrower) taken to protect, enforce, determine or assert any right or remedy under this Note. This Note shall bind Borrower, his heirs, successors and assigns, and the benefits hereof shall inure to the benefit of Lender and his heirs, successors and assigns. All references herein to the "Borrower" and "Lender" shall be deemed to apply to the Borrower and Lender, respectively and their respective heirs, successors and assigns. This Note and any other documents delivered in connection herewith and the rights and obligations of the parties hereto and thereto shall for all purposes be governed by and construed and enforced in accordance with the substantive law of the Commonwealth of Pennsylvania without giving effect to its conflict of laws principles. WITNESS the due execution hereof on the date first above written with the intention that this Note shall constitute a sealed instrument D ca C a. ? s c?o?; Z= I .91 o-M CI) >CD -0 M z 5!cDrn eo r -2- WILLIAM G. BASONIC Plaintiff V. JOSHUA D. LOCK and JOANNE LOCK Defendants IN THE COURT OF COMMON PLEAS OF :.DAUPHIN COUNTY, PENNSYLVANIA Motion to Open/Strike Judgment by Confession NO. 2008 CV 02574 `n ORDER OF COURT €x? AND NOW, this 19th day of June, 2008, upon consideration of the Defendant's Petition to Strike and/or Open Judgment by Confession and the Plaintiffs Answer filed thereto; the Defendant having been afforded an opportunity this date to present evidence in support of the Petition and having failed to do so, IT IS HEREBY ORDERED that the P tit on is denied. ELY TIC COURT: ? Joseph H. K1 ei n'`f`gl ter , J. cam, DISTRIBUTION: William G. Basonic,440 N. 48th Street, Hbg., PA 17111 Thomas J. Weber, Esquire, 320-E Market St., Hbg., PA 17101 U N", 19 Loa U S x nS( 4Y 15 1 .t .xrij? CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same, as follows: William G. Basonic 440 N. 48th Street Harrisburg, PA 17111 Th a eber, Date: November 26, 2008 166897.1 _? _ ._..E L_ , ., r ?... } . ', ^Z °^?w ? WILLIAM G. BASONIC, Plaintiff vs. JOSHUA D. LOCK and JOANNE LOCK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 4762 CIVIL IN RE: DEFENDANTS' APPLICATION TO SET ASIDE WRIT OF EXECUTION ORDER AND NOW, this 50' day of December, 2008, a rule is issued on the plaintiff to show cause why the relief requested in the within application ought not to be granted. This rule returnable twenty (20) days after service. In the meantime, all proceedings to stay. BY THE COURT, ._ •„?;' ? ra ?y?, i ? C' -? ;?'-.. ? ??' ... f ?, '' (? 0.C --.? ? ?".? ? :rC ?^ ?:J R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per order of court issued by Judge Kleinfelter. Sheriff's Costs: Docketing Poundage Law Library Prothonotary Mileage Surcharge Levy Certified Mail Postpone Sale r =. Garnishee Advance Costs: 150.00 Sheriff's Costs: 125.64 18.00 24.36 2.46 37.50 Refunded to Plaintiff on 05/07/09 16.00 30.00 20.00 Postage 1.68 TOTAL $ 125.64 ?u9 r sJ' ` So Answers; R. omas Kline, Sheriff ?B-y Sharon R. Lantz N 0 0 -n ? o W d 0 716.0- (`7&2 ? WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION - LAV William G. Basonic Writ o. 2008-CV-0269-NT 440 North 48"' Street Harrisburg, PA 17111 Amount Due: $19,401.24 VS. COSTS Plaintiff Paid: $52.00 Joshua D. Lock and Joanne Lock This Writ: $29.00 37 Hill Crest Road Wormle sbur PA 17043 O THE SURNM OF C AND OUNTY: To satisfy the debt, interest and costs against Joshua D. Lock and Joanne Lock, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: See Attachment A and to notify the Garnishee(s) that: (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof, (c) the attachment shall not include any funds in an account of the defendant with a bank or other financial institution (i) in which funds are deposited electronically on a recurring basis and are identified asbeing funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (ii) the total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa.C.S. sect. 8123. (3) if property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. WITNESS, the Honorable Richard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County at the City of Harrisburg Tuesday, July 22,,2008. Stephen E. Farina, Prothonotary Requesting Party: William G. Basonic, Plaintiff 440 North 480' Street Harrisburg, PA 17111 (717) 561-8351 AND NOW, Writ re-issued Stephen E. Farina, Prothonotary BY. AAG3-n Deputy M 9NL"? ? 3 f a a? ew¢ gam. fir. ??.W{,??? i Testimony wheri , i iw6 urtto w my hand W the sell of said Court at WWI AL hit ? a 0 g P??tfitotlc?i WILLIAM G. BARONIC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA AND JOANNE LOCK, Defendants WRIT OF EXECUTION—08-4762 ?CO r x� z a =-' C, PRAECIPE :>C: TO THE PROTHONOTARY: Please strike the writ of execution issued in the above-captioned matter pursuant to the April 5,2013 Order filed in the Office of the Prothonotary of Dauphin County, Pennsylvania striking the underlying judgment. See attached. Date: 13 T as Webcd, Esquire Atty .D. No. 58853 Goldberg Katzman, P.C. 4250 Crums Mill Road, Ste 301 P.O. Box 6991 Harrisburg, Pennsylvania 17112 Telephone: 717-234-4161 Fax: 717-234-6808 Attorney for Defendants ate: 4/2912013 Dauphin County User: SFARINA me: 10:35 AM PARTY HISTORY age 1 of 1 Civil Judgments Lock,Joshua D Filing Date Judgment In Favor Of , ase Role Disposition Type Judgment Type Judgment 2008-CV-02579-NT Defendant 3/4/2008 6/19/2008 Plaintiff William G Basonicvs.Joshua D Lock, etal. Stricken/Order Judgment 14564.67 2008-CV-02574-NT Defendant 5/6/2009 4/5/2013 Plaintiff V William G Basonicvs.Joshua D Lock Stricken/Order Writ of Execution 50,000.00 Defendant 4/17/2009 4/5/2013 Plaintiff Stricken/Order Writ of Execution 50000.00 Defendant 7/22/2008 4/5/2013 Plaintiff Stricken/Order Writ of Execution 19401.24 Cumberland County Defendant 7/22/2008 4/5/2013 Plaintiff Stricken/Order Writ of Execution 19401.24 Dauphin County Defendant 314/2008 4/5/2013 Plaintiff Stricken/Order Judgment 50000.00 2 Cases CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served on the person listed below on the date indicated by first class mail. John Kerr, Esquire 5020 Ritter Rd., #109 Mechanicsburg, PA 17055 May 1, 2013 Th<:)W ebe , Esquire Atty I.D. No. 58853 Goldberg Katzman, P.C. 4250 Crums Mill Road, Ste 301 P.O. Box 6991 Harrisburg, Pennsylvania 17112 Telephone: 717-234-4161 Fax: 717-234-6808