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Home My WebLink About02-5916STATE AUTO MUTUAL iNSURANCE COMPANY Plaintiff RICHARD BOTTORF Individually and Trading B & L GLASS SHOP Defendant : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. c-,:Z, .5' q l ~ ~_~3~ -T-~.~o~ : CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAiNST THE CLAIM SET FORTH iN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED iN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAiNTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. 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 FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 STATE AUTO MUTUAL iNSURANCE COMPANY Plaintiff RICHARD BOTTORF Individually and Trading B & L GLASS SHOP Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMPLAINT The Plaintiff, STATE AUTO MUTUAL iNSURANCE COMPANY, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sutn of ONE THOUSAND, TWO HUNDRED SEVENTY-FOUR DOLLARS AND FORTY CENTS ($1,274.40), along with interest thereon from January 15, 2002, upon a cause of action of which the following is a statement: 1. The Plaintiff; STATE AUTO MUTUAL iNSURANCE COMPANY, is a corporation organized and existing under the laws of the State of Ohio, having its principal office and place of business at 518 East Broad Street, Columbus, Ohio 43215. 2. The Defendant, RICHARD BOTTORF, an adult individual, is trading and doing business as B & L GLASS SHOP and has an office and place of business at 902 East Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff, at the request of Defendant, did provide insurance coverage under three (3) Policies as set forth on Plaintiff's Notice of Payment Due attached hereto, marked as Exhibit "A" and made a part hereof. F:\USER\BONNI EJO\COMP\WORK~2873 Icom.wpd:22Nov02 4. The prices charged for said insurance provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay Plaintiff therefor. 5. Defendant has defaulted in payment for the Policies and has an outstanding balance due and owing to Plaintiff in the amount of One Thousand, Two Hundred Seventy-four Dollars and Forty Cents ($1,274.40), as appears by the Statement of Account hereto attached, made a part hereof and marked as Exhibit "B". 6. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of ONE THOUSAND, TWO HUNDRED SEVENTY-FOUR DOLLARS AND FORTY CENTS ($1,274.40), together with interest thereon from January 15, 2002. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-715I Attorney ID No. 18041 Attorney for Plaintiff F:\USER\BONNIEJO\COMP\WOKK\2873 lcom.wpd:22Nov02 2 SIIIMOB0V£RLAYCBO 0141926 gg 20011225 PAGE 1 OF DATE: 12/25/2001 NOTICE OF PAYMENT DUE AGENT: DARR/THUI~A ;NSURANCE PHONE: 717-243-2921 PA B & L GLASS SHOP 902 MARKET ST LEMOYNE PA 17043 PAYMENT OPTIONS PAY $?32.40 PAY $732.40 Not App] ! ¢41e This will pay your account In full. You will receive no further bills until your policy renews or you make policy changes resulting in additional premium. We appreciate the oppo/tunity to serve y~ur insurance oeeds. Payment of amount less than minimum due may result in cancellation of policy. (If policy pre- viously terminated see Important Note on reverse side,) If a renewal policy, coverage expires on the due date if payment of minimum due is not received by the due date. If you have questions concerning policy pay- ment statue, please call the Payment Services Department et 1-800- 444-9950, Ext 5118 Please see important massage(s) on reverse side. ACCOUNT: CB00141926 AGENT: 00001572 NAME: B & L GLASS SHOP POLICY: WCP 2000158 AMOUNT ENCLOSED PAYMENT MUST BE RECEIVED BY DUE DATF- 0000932001419260010000198000073240 PLEASE WRIT[ ID RETURN WITH THIS STUB. MAK JIES P,O. BOX 257¢ $IIIM08OVERLAYCBO 0142315 99 2~11225 PAGE 1 OF DATE: 1~/25~2001 1 PREMIUM DUE FOR INSURANCE COVERAGE PREVIOUSLY PROVIDED AGENT: DARR/THUI~A ZNSURANCE PHONE: 717-243-2921 PA B & L GLASS SHOP 902 E MARKET ST LEMOYNE PA 17043 PAYMENT OPTIONS PAY $284.00 PAY $284.00 Not Appl tcad~l. This will pay your account in full. You will receive no further bills until your policy renews or you make policy changes resulting in additional premium. We epprec/ate the opportunity to serve your Payment of ·mount less than minimum due may result in cancellation of policy. (If policy pre- viously terminated see Important Note on reverse side.) If · renewal policy, coverage expires on the due date if payment of minimum due is not received by the due date. If you have questions concerning policy pay- ment status, please call the Payment Services Department at 1-800- 444-9950, Ext. 5118 Please see important message(s) on reverse side. ACCOUNT: CB00142315 AGENT: 00001572 NAME: B & L GLASS SHOP POLICY: BAP 2002535 AMOUNT ENCLOSED PAYMENT MUST BE RECEIVED BY DUE DATE. 0000932001423150010000128000028400 PLEASE WRITE ACCOUNT NUMBER ON YOUR CHECK AND RETURN WiTH THiS STUB. MAKE CHECK PAYABLE TO AND MAIL TO: STATE AUTO INSURANCE COMPANIES PO. BOX 2570, COLUMBUS, OH 43216-2570 5I[ZMOBOVERLAYCBO 0141934 99 2~11225 PAGE i OF 1 DATE: 1~/25~2001 NOTICE OF PAYMENT DUE B & L GLASS SHOP 902 MARKET ST LEMOYNE PA 17043 AGEHT: DARR/THUNHA iNSURANCE PHONE: 717-243-2921 PA PAYMENT OPTIONS PAY $288.00 PAY $288.00 Not Appltcable This will pay your account in full. You will receive no further bills until your policy renews or you make policy changes resulting in additional premium. We appreciate the opportunity to serve your than minimum due may result in cancellation of policy. (If policy pre- viously terminated see Important Note on reverse side.) If a renewal policy, due date if payment of received by the due date. If you have questions concerning policy pay- Department at 1-800- 444-9950, Ext 5118 Please see important side, ACCOUNT: CB00141934 AGENT: 00001572 NAME: B & L GLASS SHOP PAYMENT MUST BE RECEIVED BY DUE DATF- POLICY: PBP 2000156 AMOUNT ENCLOSED J 0000932001419340010000188000028800 PLEASE WRITE ACCOUNT NUMBER ON YOUR CHECK AND RETURN WITH THIS STUB. MAKE CHECK PAYABLE TO AND MAIL TO: STATE AUTO iNSURANCE COMPANIES P.O. BOX 2570, COLUMBUS, OH 43216-2570 BILL ACCOUNT SUMMARY · INSURED: · B&L GLASS SHOP POLICY: PBP 2000156 ACCOUNT #: CB 141934 EFFECTIVE DATE: 06/15/01 EXPIRATION DATE: 11/07/01 PROCESS DATE 05/23/01 05/25/01 06/20/01 07/30/01 07/30/01 07/05/01 07/13/01 07/25/01 07/31/01 08/20/01 08/24/01 09/06/01 09/14/01 09/24/01 10/20/01 11/07/01 11/08/01 11/28/01 11/28/01 INVOICE AMOUNT DESCRIPTION AMOUNT Renewal issued effective 6/15/01 $ 1,364.00 Invoice issued due 6/15/01 ($3 invoice chrg) $ 127.00 $ 3.00 Second notice issued for 6/15/01 invoice $ Policy cancelled for non-payment $ (1,364.00) Invoice charge written off due to cancellation $ (3.00) Payment received $ (127.00) Policy reinstated with no lapse $ 1,364.00 Invoice issued due 8/15/01 $ 248.00 $ 3.00 Audit processed for 00/01 term $ 75.00 Second notice issued for 8/15/01 invoice $ Invoice issued for audit only $ 81,00 $ 3.00 Payment received $ (248.00) Endorsement processed effective 6/15/01 $ 74.00 Invoice issued due 10/15/01 $ 347.50 $ 3.00 Second notice issued for 10/15/01 invoice $ Policy cancelled for non-payment $ (869.00) Payment received $ (81.00) Check returned NSF $ 81.00 Penalty charge for NSF $ 10.00 $ 288.00 Total Policy Premium 6/15/01 - 11/7/01 $ 569.00 00/01 Audit $ 75.00 NSF fees $ 10.00 Invoice Charges $ 9.00 TOTAL DUE $ 663,00 Total Payments Received $ (375.00) TOTAL BALANCE $ 288.00 SILL ACCOUNT SUMMARY . INSURED: . B&L GLASS SHOP POLICY: WCP 2000158 ACCOUNT #: CB 141926 EFFECTIVE DATE: 06/15/01 EXPIRATION DATE: 11/07/01 PROCESS INVOICE DATE DESCRIPTION AMOUNT AMOUNT Balance from prior term for NSF received 5/4/01 $ 10.00 06/16/01 Renewal issued effective 6/15/01 $ 3,653.00 06/17/01 invoice issued due 7/8/01 ($3 invoice chrg) $ 368.30 $ 3.00 07/05/01 Payment received $ (368.30) 07/25/01 Invoice issued due 8/15/01 $ 378.30 $ 3.00 07/31/01 Audit processed for 00/01 term $ (229.00) 08/20/01 Second notice issued for 8/15/01 invoice $ 09/06/01 Payment received $ (149.30) 09/24/01 Invoice issued due 10/15/01 $ 733.60 $ 3.00 10/20/01 Second notice issued for 10/15/01 invoice $ 11/07/01 Policy cancelled subject to audit $ 11/09/01 Payment received $ (733.60) 11/28/01 Check returned NSF $ 733.60 11/28/01 Penalty charge for NSF $ 10.00 12/8~/01 Pro-rated cancellation audit processed $ (2,203.00) $ 732.40 Total Policy Premium 6/15/01 - 11/7/01 $ 1,450.00 00/01 Audit $ (229.00) NSF fees $ 20.00 Invoice Charges $ 9.00 TOTAL DUE $ 1,250.00 Total Payments Received $ (517.60) TOTAL BALANCE $ 732.40 INSVRED: BILL ACCOUNT SUMMARY B&LGLASSSHOP POLICY: BAP 2002535 ACCOUNT#: CB 142315 EFFECTIVE DATE: 06/15/01 EXPIRATION DATE: 11/07/01 PROCESS DATE 05/19/01 05/25/01 06/20/01 07/03/01 07/03/01 07/05/01 07/11/01 07/25/01 08/20/01 09/06/01 09/24/01 10/20/01 11/08/01 11/08/01 11/28/01 11/28/01 INVOICE AMOUNT DESCRIPTION AMOUNT Balance from prior term for NSF received 5/4/01 $ 10.00 Renewal issued effective 6/15/01 --$ 2,200.00 Invoice issued due 6/15/01 ($3 invoice chrg) $ 213.00 $ 3.00 Second notice issued for 6/15/01 invoice $ Policy cancelled for non-payment $ (2,200.00) Invoice charge written off due to cancellation $ (3.00) Payment received $ (213.00) Policy reinstated with no lapse $ 2,200.00 Invoice issued due 8/15/01 $ 400.00 $ 3.00 Second notice issued for 8/15/01 invoice $ Payment received $ (400.00) Invoice issued due 10/15/01 $ 403.00 $ 3.00 Second notice issued for 10/15/01 $ Policy cancelled for non-payment $ (1,329.00) Payment received $ (403.00) Check returned NSF $ 403.00 Penalty charge for NSF $ 10.00 $ 284.00 Total Policy Premium 6/15/01 - 11/7/01 $ 871.00 NSF fees $ 20.00 Invoice Charges $ 6.00 TOTAL DUE $ 897.00 Total Payments Received $ (613.00) TOTAL BALANCE $ 284.00 11/27/02 WED 11:28 FAX 480 456 1471 CAMPBELL HIGHTO~ER ~006 Dated: Title: STATE AUTO MUTUAL INSURANCE COMPANY 29731 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05916 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE AUTO MUTUAL INSUPJtNCE CO VS BOTTORF RICHARD ET AL JASON VIOPJtL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOTTORF RICHARD the DEFENDANT at 902 EAST MARKET STREET LEMOYNE, PA 17043 , at 1243:00 HOURS, on the 18th day of December , 2002 by handing to RICHARD BOTTORF a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this 3.~_ day of 7 I ~rothonotary · So Answers: R. Thomas Kline 12/19/2002 KNUPP KODAK IMBLUM By: ~ ty S~~heriff . SHERIFF'S RETURN - REGULAR CASE NO: 2002-05916 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE AUTO MUTUAL INSURANCE CO VS BOTTORF RICHARD ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOTTORF RICHARD T/A B&L GLASS SHOPthe DEFENDANT , at 1243:00 HOURS, on the ~8th day of December , 2002 at 902 EAST MARKET STREET LEMOYNE, PA 17043 RICHARD BOTTORF, OWNER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing ~is attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3~ day of --~ A.D. / t~rothonotary , So Answers: R. Thomas Kline 12/19/2002 KNUPP KODAK IMBLUM eriff STATE AUTO MUTUAL INSURANCE COMPANY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5916 CIVIL TERM RICHARD BOTTORF Individually and Trading as : CIVIL DIVISION - LAW B & L GLASS SHOP Defendant TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defend_ant(s) RICHARD BOTTORF Individually and Trading as B & L GLASS SHOP, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint $1,274.40 Interest from January 15,2002 at the legal rate of 6% per annum $76.46 Total $1,350.86 It is hereby certified that a writt~ notice of intention to file this Praecipe was mailed to the Defendant(s) and his attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this Praeeipe. See Exhibits A & B attached. Robert D. Kodak, Attorney for Plaintiff DATED:! ] ! ~udgment entered and damages assessed as above. Prothonotary Robert g Knupp Robert D. Kodak Gary J. Imblum Of Counsel Mark A. Mateya LAW OFFICES OF KNUPP, KODAK & ~MBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET (1909-1976) POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 7171238-7159 Facsimile: 7171238-7158 emaih kki.law~verizon.net January 13, 2003 Robert H. Maurer (1923-1998) RICHARD BOTTORF IND & T/A b & L GLASS SHOP 902 E MARKET STREET LEMOYNE PA 17043 RE: VS: State Auto Mutual Insurance Co. Richard Bottorf Ind. & t/a B & L Glass Shop No. 2002-5916 Civil Term, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 28731 Dear Mr. Bottorf:: In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esq. THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDK/kqb enclosure cc: CAMPBELL HIGHTOWER & ADAMS 4645 S LAKESHORE DRIVE STE 11 TEMPE AZ 85282-7127 #56425 STATE AUTO MUTUAL INSURANCE COMPANY Plaintiff RICHARD BOTTORF Individually and Trading B & L GLASS SHOP Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5916 CML TERM CIVIL DIVISION - LAW IMPORTANT NOTICE TO: RICHARD BOTTORF IND. & T/A B & L GLASS SHOP , Defendant(s) DATE OF NOTICE: JANUARY 13, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TI-IE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TI-IIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTI-~R IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 NOTICIA IMPORTANTE A: RICHARD BOTTORF IND. & T/A B & L GLASS SHOP, Demandado(s) FECHA DE NOTICIA: JANUARY 13 2003 USTED NO HA COMPLIDO CON EL AVISO ENTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDS RESPECTO A ESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SEIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABA JO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAC: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 STATE AUTO MUTUAL INSURANCE COMPANY Plaintiff RICHARD BOTlrORF Individually and Trading as B & L GLASS SHOP Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002~5916 CML TERM : CIVIL DIVISION - LAW : To RICHARD BOTTORF IND. AND T/A B & L GLASS SHOP, Defendant(s) You are hereby notified that on ,~)~t~ -~C~ ,20_O.~the following (Judgment) has been entered against you in the above-captioned case. DATE: Judgment~l~t~/F_.~entered in the amount of $1,350.86.//~..~./Z~,~:--~, ~ ~ · l - / · Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: RICHARD BOTTORF IND & T/A B & L GLASS SHOP 902 E. MARKET STREET LEMOYNE PA 17043 A/RICHARD BOTTQRF 1ND. & T/A B & L GLASS SHOP, Defendido/a Defendidos/as Por este medio se le esta notificando que el de del 20_, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certificao que la siguieme direccion es la del defendido/a segun indicada en el cetificado de residencia: RICHARD BOTTORF IND & T/A B & L GLASS SHOP 902 E. MARKET STREET LEMOYNE PA 17043 Abogado del Demandante PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 STATE AUTO MUTUAL IN THE COURT OF COF~qON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INSURANCE COMPANY Plaintiff Writ No. Term 20 No. 2002 - 5916 CIVIL TERM Term 2002 VS Amount due $ 1,350.86 RICHARD BOTTORF individually and Trading as B & L GLASS SHOP 902 E. MARKET STREET LEMOYNE, PA 1 7043, and Costs TO BE DETERMINED~ Defendant (s) Interest FROM DATE OF JUDG. (01/30/03) Atty's Coa~m. ~ 67.54 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of C~P,~ County, Pennsylvania; (2) against RICHARD BOTTORF ind. & t/a B & L GLASS SHOP Defendant (s) (3) and against ALLFIRST BANK and COMMERCE BA~K, Garnishee (s), (4) and index this writ (a) against RICHARD BOTTORF ind. & t/a B & L GLASS SHOP (b) against ALLFIRST BANK .and COMMERCE BANK Defendant(s) and Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LEV~H?~.~~PROPERT~OFABOVE-LZSTEDDEFENDANT(S) AT ABOVE-LISTEDADDRESSANDC~u~/TISH BANK, 2 WEST HI~H STREET, C~LISLE, PA 17013; D~-m~iDANT ACCOUNT N1]~4BER 990250737 AND RO~TINGNI~ 031300834. ALSO GA~"XSH C(~ER(:E BANK, 100 SEN~~, C~%MP HILL, PA 17011; DEFENDANT ACCOUNT ~ 510006042 AND ROUTINGNI:I~BER 0313018.4.~'. / _ (5) Exemption has (not) been waived. /~~/~~~ Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Dated 03/11/03 Attorney For Plaintiff(s) SHERIFF'S RETURN GARNISHEE ~SE NO: 2002-05916 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND STATE AUTO MUTUAL INSURANCE CO VS BOTTORF RICHARD ET AL And now CPL. MICHAEL BARRICK , Sheriff or De Cumberland County, Pennsylvania, who being duly sworn to law, at 0010:50 Hours, on the 21st day of March )uty Sheriff of according , 2003, attached as herein commanded all goods, chattels, rights, debt~ moneys of the within named DEFENDANT , BOTTORF RICHARD hands, possession, or control of the within named Gar] ALLFIRST BANK 2 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LORI WEIMER (BRANCH MANAGER) ~ personally 3 true and attested copies of the within , credits, and lishee , in the WRIT OF EXECUTION and made the contents thereof known to Her Sheriff's Costs: Docketing Service Affidavit Surcharge 00 00 00 00 00 00 Sworn and subscribed to before me this 67 ~ day of ~ ~s~3j A.D. ~ So answers: R. Thomas Kli.~ Sheriff p~er ~/[-< Deputy - She~fi f f ~ ........ ~ SHERIFF'S RETURN - GARNISHEE ~%SE NO: 2002-05916 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND STATE AUTO MUTUAL INSURANCE CO VS BOTTORF RICHARD ET AL And now CPL. MICHAEL BARRICK , Sheriff or Del Cumberland County, Pennsylvania, who being duly sworn to law, at 0010:50 Hours, on the 21st day of March as herein commanded all goods, chattels, rights, debt~ moneys of the within named DEFENDANT , BOTTORF RICHARD T/A B&L GLASS SHOP hands, possession, or control of the within named Gar] ALLFIRST BANK 2 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LORI WEIMER (BRAlqCH MANAGER) personally 3 true and attested copies of the within )uty Sheriff of according , 2003, attached , credits, and ~ishee , in the WRIT OF EXECUTION Sheriff's Costs: Docketing Service Affidavit Surcharge and made the contents thereof known to Her 00 00 00 00 00 00 Sworn and subscribed to before me this ~-~ day of~u~ ~o.3 A.D. ~ Pr6t~onolar~' ' So answers: , oo oo oooo ~Z//f-'''/ Deputy Sheriff SHERIFF'S RETURN - GARNISHEE CASE NO: 2002-05916 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND STATE AUTO MUTUAL INSUR3~NCE CO VS BOTTORF RICHARD ET AL And now CPL. TIMOTHY REITZ , Sheriff or Dei Cumberland County, Pennsylvania, who being duly sworn to law, at 0011:00 Hours, on the 26th day of March as herein commanded all goods, chattels, riglnts, debtt, credits, and moneys of the within named DEFENDANT , BOTTORF RICHARD hands, possession, or control of the within named Garilishee COMMERCE BANK 100 SENATE AVE CAMP HILL, PA 17013 Cumberland County, Pennsylvania, by handing 'to DEBBIE MILLER (ADMIN. ASST) ~ , personally 3 true and attested copies of the within )uty Sheriff of according , 2003, attached , in the WRIT OF EXECUTION and made the contents thereof known to Her Sheriff's Costs: Docketing Service Affidavit Surcharge O0 O0 O0 O0 O0 O0 So answers: R. Thomas K1/n;e Sheriff ~~er]~~nty/J / Deput~ Sheriff Sworn and subscribed to before me this ~ day of ~3 A.D. PYdthonotary SHERIFF'S RETURN - GARNISHEE CASE NO: 2002-05916 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND STATE AUTO MUTUAL INSURANCE CO VS BOTTORF RICHARD ET AL And now CPL. TIMOTHY REITZ , Sheriff or De Cumberland County, Pennsylvania, who being duly sworn to law, at 0011:00 Hours, on the 26th day of March as herein commanded all goods, chattels, rights, debt moneys of the within named DEFENDANT , BOTTORF RICHARD T/A B&L GLASS SHOP hands, possession, or control of the within named Gar] COMMERCE BANK 100 SENATE AVE CAMP HILL, PA 17013 Cumberland County, Pennsylvania, by handing to DEBBIE MILLER (ADM. ASST) personally 3 true and attested copies of the with. WRIT OF EXECUTION and made the contents there~ Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 }uty Sheriff of according , 2003, attached , credits, and , in the ishee in ~f known to Her So answers: R. Thomas Kli~e Sher±ff o o / o o / o o o ~" Deputy Sworn and subscribed to before me this ~ ~'- day of ~_.~ ~.~ A.D. '~Sh~zfi f f ~- STATE AUTO MUTUAL INSURANCE COMPANY Plainitff V. RICHARD BOTTORF Individually and Trading As B & L GLASS SHOP Defendants ALLFIRST BANK Garnishee In the Court of COMMON PLEAS of CUMBERLAND ,County, Pennsylvania NO. 2002-5916 CIVIL CIVIL DIVISION -LAW PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Please dissolve the attachment against captioned matter. TO CUMBERLAND County Prothonotary Dated: April 10, 2003 Garnishee, ALLFIRST BANK, in the above- Robert D. Kodak: Attorney I.D. No. 18041 Attorney for Plaintiff STATE AUTO MUTUAL INSURANCE COMPANY Plainitff V. RICHARD BOTTORF Individually and Trading As B & L GLASS SHOP Defendants ALLFIRST BANK Garnishee In the Court of COMMON PLEAS of CUMBERLAND County, Pennsylvania NO. 2002-5916 CIVIL CIVIL DIVISION -LAW PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Please dissolve the attachment against Garnishee, ALLFIRST BANK, in the above- captioned matter. TO CUMBERLAND County Prothonotary Dated: April 10, 2003 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff STATE AUTO MUTUAL INSURANCE COMPANY Plaintiff V. RICHARD BOTTORF INDIVIDUALLY AND T/A B & L GLASS SHOP Defendant COMMERCE BANK Garnishee · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-5916 CIVIL TERM · CIVIL DIVISION - LAW PRAECIPE for ENTRY of JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the COMMERCE BANK, Garnishee, in the amount of $1,333.43, which is the amount Garnishee admits in the attached Answers to Plaintiff's Interrogatories in AttaChment, to be the property of Defendant in its' possession, i.e. - the amount of ONE THOUSAND, THREE HUNDRED THIRTY-THREE DOLLARS AND FORTY-THREE CENTS ($1,333.43). TO CUMBERLAND COUNTY Prothonotary Dated: April 14~ 2003 D. Kodak, Attorney for Plaintiff' Attorney I.D. No. 18041 MAR-28-2003 15:23 COMMERCE BANK P. 02 STATE AUTO MUTUAL INSURANCE COMPANY 'Pla/nt/ff KtCHAKD BOTI'ORF IndividualJy and Trad/ng Aa B & L GLASS SHOP Defendant COMlVlBgCE BANE : : IN THE COURT OF COMMON PLEAS : CUMBF, RLAND COUNTY, PENNSYLVANIA · NO, 2002-5~16 CIVIL : CML DIVISION. LAW YOU ARE REQUIRED TO FILE ANSWER:I TO THE FOLLOWING INTERROGATORIES WITHIN TWENTy (29) DAYS A/ri'E11 SE}:~ '?CE UPON YOU. FAILURE TO DO SO M_AY RESET IN JUDGMENT AGAINST YOU. 1, At the time you were served, or a~ any subsequent time, did you owe the Defendant any money or were you I/able to h/tn on any negotiable or othcr w:flteu ~ent, or d/d he cla/m that you owed h/m any money or Were liable to him for any reason? ' ANSWER: ~ss ~ MAR-28-200J 15:23 COMMERCE BANK HBG OPS CNT 2. At the ~ne ~u were se~ed, or at any subsequent ~me, was ;here in your possession, custody or con~o], or in the joint possession, custody or core,roi of¥ouneif and one (1) or more o~h~- persor~ and/or entities, an), property of any nacre owne~ solely or ~ pa~ by the Defendant? A~$WER: Checking account ~ 510006042 balance $1333.43 3. At the time you were served or at any subseq,-~,~rit time, did you hold legal title to any property of any nature owned solely or in part by the Defendant or ia wh~ ;h Defendant held or claimed any/nterest? ANSWER: See allswer ~ 2 ~:IUSER~SOK'/Vl~O~ .1~ RFiOGiWO/~/G,7.~73 '1 MAR-28-2003 15:23 COMMERCE BANK HBG 5i:.S CNT P. 04 4. At the tim= you w~ro serve, or at a~y subsequanz ~me, did you hold, as fiduciazy, any proper~ in which ~he Defendant had an 5. A~ any ~mc bc~ore or af~ ~u were serve, did the De£andant ~ansfcr or deliver any property to you or to anyperson or pl~c¢ pursuant to your direction or consent and, if so, wh~ was the considera~on therefor? AN$~W]~R: De£endan~ made deposits into'the above referenced account. in the ordinary course prior to service, none of which were at ~he direction of Co~erce Bank. F:~USE,RtB ONNI~JOUNTE~IRO~,~WOi~2~ 731 ~a~m.w;~:,26Me~03 MAR-28-2003 15:23 COMMERCE BANK HBG G,:'S CNT P. 05 6. At any time a~r you were ~e,n, ed, did you pay, ~ransfcr or deliver anymoney or ~openy u) ~¢ Defendant orto any person or place pursuant to his direction or otherwise dischargc any claim of the Defendant acainst you? ANSWER: No ~L~, P.C. Robert D. I4odak Attorney for Pla/ndff 407 ~orth Front Stre6t ?o~ 9ftic~ Box #11848 I-Ian'i~burg, PA 1710~-1~48 (717! 2~8-71 Supz;~.n~¢ Court ID No. 180~ 1 MAR-28-2003 15:24 COMMERCE BANK HBG GPS CNT P. 06 !;ERIFICATIOF ][,. Paula Bowden CIF Assoc. ofCOMlVlI~RCI~ BANF~ G~~ h~ ve~ ~t ~e ~emcnts made ~ ~e~ ~o~atofies ~ A~ent ~e ~ ~ ~t. I ~d~t~ that ~e sm~ h~ ~e ~e subj~ m ~e P~es of 1 $ Pa. c,S. ~ 4904, r=la~ ~ ~om f~hfi~tion ~ a~o~cs. COMMERCE BANK TOTAL P.06 STATE AUTO MUTUAL INSURANCE COMPANY Plaintiff V. RICHARD BOTrORF INDIVIDUALLy AND T/A B & L GLASS SHOP Defendant . V. COMMERCE BANK Garnishee · To COMMERCE BANK, Garnishee(s) You are hereby notified that on ~ex_~_{~. I.C (Judgment) has been entered against you in the h~b~ve-captioned case. Judgment entered in the amount of $1~333.43, · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5916 CIVIL TERM CIVIL DIVISION - LAW ,20~the following I' I- --_ _ -)· Prothonotary - - I hereby certify that the name and address of the proper person(s) to receive this notice is: ATTN BARBARA HUMMEL COMMERCE BANK, GARNISHEE 100 SENATE AVE CAMP I-fiLL PA 17011 _A/ COMMERCE BANK ~ Garnishee/a Defendidos/as Por este medio se le esta notificando que el de . del 20_., el/la siguiente(Fallo) ha sido anotado en contra suya en el easo mencionado en el epigrafe. FECHA: Protonotario Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de residencia: ATTN BARBARA HUMMEL COMMERCE BANK, GARNISHEE 100 SENATE AVE CAMP HILL PA 17011 Abogado del Demandante STATE AUTO MUTUAL INSURANCE COMPANY Plainiff RICHARD BOTTORF Individually and Trading As B & L GLASS SHOP Defendant(s) COMMERCE BANK ~l Garnishee · In the Court of COMMON PLEAS of · CUMBERLAND County, Pennsylvania : · NO. 2002-5916 : · CIVIL DIVISION - LAW : : : : PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as settled and satisfied in full AS TO GARNISHEE, COMMERCE BANK, ONLY. TO CUMBERLAND County Prothonotary Dated: April 18, 2003 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5916 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due STATE AUTO MUTUAL INSURANCE COMPANY, Plaintiff (s) From RICHARD BOTTORF INDIVIDUALLY AND TRADING AS B & L GLASS SHOP, 902 E. MARKET STREET, LEMOYNE, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED ADDRESS (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ALLFIRST BANK, 2 WEST HIGH STREET, CARLISLE, PA 17103; DEFENDANT ACCOUNT NUMBER 990250737 AND ROUTING NUMBER 031300834. ALSO COMMERCE BANK, 100 SENATE AVENUE, CAMP HILL, PA 17011; DEFENDANT ACCOUNT NUMBER 510006042 AND ROUTING NUMBER 031301846 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,350.86 Interest FROM DATE OF JUDG (01/30/03) Atty'sComm % $67.54 Atty Paid $137.54 Plaintiff Paid Date: MARCH 12, 2003 (Seal) REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 27.02 Advertising Law Library .50 Prothonotary 1.00 Mileage 11.73 Misc Surcharge 60.00 Levy 60.00 Post Pone Sale Garnishee 18.00 TOTAL $ 196.25 Advance Costs: 225.00 Sheriff's Costs: 196.25 -$ 28.75 Refunded to Atty on 5/13/03 Sworn and Subscribed to before me This 2003 A.D. Prothonotary So Answers; RrxT~omas K, line~ Sheriff t~y c~auaia A. Brewbal~er STATE AUTO MUTUAL INSURANCE COMPANY Plaintiff RICHARD BOTTORF, Individually and Trading As B & L GLASS SHOP Defendants In the Court of COMMON PLEAS of CUMBERLAND County, Pennsylvania NO. 2002-5916 CIVIL CIVIL DIVISION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as settled and satisfied in full. TO Cumberland County Prothonotary Dated: May 20, 2003 Robert D. Attorney for Plaintiff Attorney I.D. No. 18041