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Home My WebLink About99-04651 ¦ FEDERAL EXPRESS CORP. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. STEPHANIE BAKER I/T/A BAKER PERFORMANCE AND BAKER CARBURETION NO. 99-4651 and WACHOVIA BANK, N.A. GARNISHEE. ; ATTORNEY I.D.# l 76 s ORDER TO DISC ONTINIIE ATTACHMENT FWCUTICIN TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, Wachovia Bank, N.A. upon payment of your costs only. f\ ROBERT E. CHERWONY Attorney for Plaintiff JON C. S IN Attorney f W Garnishee NO RELATIONSHIP o 77 T _ ? G , ?` LL Lu • ?? )? __: i• ? ° . 1 c .i U ^ o R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing 18.00 Poundage 105.91 Advertising Law Library .50 Prothonotary 1.00 Mileage 27.38 Misc. Surcharge . 90.00 Levy 120.00 Post Pone Sale 45.00 Garnishee Postage TOTAL $ 407.79 Sworn and Subscribed to before me this,,ZUA-day of _ 2005 A.D. CIL' PR ONOTARY Pd by Defendant So Answers; R. Thomas Kline, eSh ri f? of tx t [Ou ` UL"h,L? By, Claudia A. Brewbaker "IL' S ?d 11 A S J• r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 994651 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FEDERAL EXPRESS CORP., Plaintiff (s) From STEPHANIE BAKER UT/A BAKER PERFORMANCE AND BAKER CARBURETION, 6354 BRAND LANE, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY AND SELL ANY AND ALL PERSONAL PROPERTY AT: STEPHANIE BAKER LT/A BAKER PERFORMANCE AND BAKER CARBURETION, 6354 BRAND LANE, MECHANICSBURG, PA 17050 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, PNC BANK, WACHOVIA BANK, CITIZENS BANK AND WAYPOINT BANK, GARNISHEES - CHECKING ACCOUNT, SAVINGS ACCOUNT, SAFE DEPOSIT BOX, OR ANY OTHER PERSONALTY OR REALTY WHICH MAY BE IN THE POSSESSION OF THE GARNISHEE BELONGING TO THE DEFENDANT. GARNISHEE(S) as follows: and to notify the gamishee(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 55,295.95 L.L. 5.50 Interest Atty's Comm % Due Prothy 51.00 Any Paid $120.32 Other Costs Plaintiff Paid Date: JUNE 1, 2005 CURTIS R. LONG Prothonotary (Seal) Deputy REQUESTING PARTY: Name ROBERT E. CHERWONY, ESQUIRE Address: 1311 SPRUCE STREET PHILADELPHIA PA 19107 Attorney for: PLAINTIFF Telephone: 215-546-5100 Supreme Court ID No. 17623 DISTRIBUTION ATTORNEY Robert Cherwony WRIT NO. 1999-4651 Civil Federal Express Corp. -vs- Stephanie Baker I/T/A Baker Performance and Baker Carburetion Real Debt $ 5295.95 Interest Attorney's Comm. Writ Costs, Atty 120.32 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 5416.27 Sheriff's Costs Docketing $ 18.00 Poundage 105.91 Posting Sale Bills Law Library .50 Prothonotary 1.00 Service 27.38 Postage Advertising Postpone Sale Surcharge 90.00 Garnishee 45.00 Levy 120.00 TOTAL $ 407.79 Defendant Paid to Sheriff $ 5824.06 Advance Costs 300.00 Total Collected $ 6124.06 DISTRIBUTION Pd. To Pltff. $ 5416.27 Refund of Adv. Costs 300.00 Pd. To Prothonotary 1.50 So Answers: R. Thomas Kline, Sheriff ?Ir,_/ By "''"' SHERIFF'S RETURN - GARNISHEE CASE NO: 1999-04651 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FEDERAL EXPRESS CORP VS i i BAKER STEPHANIE ET AL And now SHARON LANTZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:21 Hours, on the 13th day of June , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , BAKER STEPHANIE hands, possession, or control of the within named Garnishee CITIZENS BANK 665 N EAST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to in the TIM BARRICK (SALES MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answei9? e R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this )/,LF day of au A.D. Prothonotary By Deputy Sheriff SHERIFF'S RETURN - GARNISHEE CASE NO: 1999-04651 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FEDERAL EXPRESS CORP VS BAKER STEPHANIE ET AL And now SHARON LANTZ -,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:38 Hours, on the 13th day of June , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , BAKER STEPHANIE , in the hands, possession, or control of the within named Garnishee WAYPOINT BANK N/K/A SOVEREIGN 1160 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JULIE MYERS (CUSTOMER SERVICE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So ans Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 00/00/0000 Sworn and subscribed to before me this ?i day of ? ?2 A.D. By Deputy Sheriff Prolthdnotary SHERIFF'S RETURN - GARNISHEE CASE NO: 1999-04651 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FEDERAL EXPRESS CORP VS BAKER STEPHANIE And now SHARON LANTZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:15 Hours, on the 13th day of June , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BAKER STEPHANIE , in the hands, possession, or control of the within named Garnishee WACHOVIA BANK EAST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JILL MANLEY (MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within COMPLAINT & NOTICE and made the contents there of known to Her . Sheriff's Costs: So answeerr Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 00/00/0000 Sworn and subscribed to before me this/aE day of ` -I vy,j A. D. Prot o otary By Deputy Sheriff SHERIFF'S RETURN - GARNISHEE CASE NO: 1999-04651 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FEDERAL EXPRESS CORP VS BAKER STEPHANIE ET AL And now SHARON LANTZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:46 Hours, on the 13th day of June , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , BAKER STEPHANIE hands, possession, or control of the within named Garnishee PNC BANK 105 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to , in the VIOLA RODKE (ASST MANAGER) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 nn 00 So a/ns/w?er?s? Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this Ji ur day of ?200j A. D. cl, Q 72c &Z=? P o honotary By Deputy Sheriff SHERIFF'S RETURN - GARNISHEE CASE NO: 1999-04651 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FEDERAL EXPRESS CORP VS BAKER STEPHANIE ET AL And now SHARON LANTZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:48 Hours, on the 13th day of June , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BAKER STEPHANIE in the hands, possession, or control of the within named Garnishee COMMERCE BANK 20 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MATT SPEESE (ASST MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within COMPLAINT & NOTICE and made the contents there of known to His Sheriff's Costs: So Docketing .00 •AA??^^??''?? Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 00/00/0000 Sworn and subscribed to before me this J 1-1-4 day of dO'U.S, A.D. P t onotary By Deputy Sheriff KRAFT & KRAFT, P. C. BY: Robert E. Cherwony, Esquire Attorney for Plaintiff Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 FEDERAL EXPRESS CORP. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CIVIL ACTION AT LAW STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION, Defendant and WAYPOINT BANK n/k/a SOVEREIGN, Garnishee NO. 99-4651 ORDER TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: Kindly mark the Attachment against the Garnishee, WAYPOINT BANK n/k/a SOVEREIGN, discontinued, upon payment of your costs only. Date er E. Ch Yw ny, Esquire Attorney for Plaintiff CC, Q N 1 " s Q n? CL- O N T -- C p LLO o N V V \ FEDERAL EXPRESS CORP. VS. STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION IN THE COURT OF C%NON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4651 CIVIL 19 RULE 1312-1, 'rile Petition for Appointment of Arbitrators shall be subs cantially in the following form; PETITION FOR APPOIN'DIENT OF ARBITILITORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert E. Cherwony, Esquire , counsel for the plaintiff'/duf?udanc in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at Lssue• 'L. The claim of the plaintiff in the action is $ 13.665.95 _ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Keith 0. Brenneman, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, t, ORDER OF COURT AND NOW, ,aty"o " ?/ ///l3 / 191epij, in consideration of the foregoing petition, (,(F(qn? (?f/l"6 / Esq., Esq., and yl/?t?t?? LU ,Esq., are appointed arbit at`ors?in the above-captioned action (or actions) as prayed for. he o A P. J. k 0 cri 2 .. C: 1u 7 j -4-- o?c Y no lrr;" 1 . i i 2: no CU.4- u.-JNTY PENNSYL i MA Q LAW OFFICE= OF MICHAEL J. HANFT AT IORNLYS & COUNSI-1101tS AT LAw MICHAr1 1. 1 IAN] I 6muoity 11. Kruunl January 9, 2001 RICHARI) L. WI IM I.It. IIt. VIA HAND DELIVERY The Honorable George E. Hoffer, President Judge of the Cumberland County Court of Common Pleas ATTN: Sandy Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Federal Express Corp. v Baker No. 99-4651 Cumberland County Our File No. 1714.2 Dear Sandy: I was appointed as Chairman of the Arbitration Panel for the matter referenced above. The hearing was scheduled for Thursday, January 11, 2001 at 9:30 a.m. I was recently informed that the case settled, and that there is therefore no need for an arbitration hearing. A copy of a letter from Keith O. Brenneman, Attorney for the Defendant, indicating the above is attached hereto. I am also returning the case file to you simultaneously herewith. Thank you for your attention to this matter. Sincerely, LAW OFFICE OF MICHAEL J. HANFT Richard L. Webber, Jr. RLW,JR/tew cc: Robert E. Cherwony, Esquire Keith O. Brenneman, Esquire Jeffrey N. Yoffe, Esquire Galen Waltz, Esquire F .Ussr PoWcr?Fim, Uoes Gcnhdwil',I)I+:gh I wlvt 19 I;IzcmKwi)l I Ar I w n ylnII1100 (.tr.InI i, I'A 17111391-12 717.2-19.537{ IAv717.2-19.01i7 tctYtc.iowi n attiniv.r,w SNELBAKER. BRENNEMAN F3 SPARE A PROIblWNAL CORPORATION ATTORNEYS AT LAW 4i WEST MAIN STREET RICHARD C SNELBAKER MECHANICSBURG, PENNSYLVANIA 17055 KEITH O BRENNEMAN PHILIP H SPARE 711 GO/ 85P8 January 5, 2001 Richard L. Webber, Jr., Esquire 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 Re: Federal Express Corp. v. Baker No. 99-4651, Cumberland County Dear Mr. Webber: P. O BOX 318 FACSIMILE VIA 697.7681 I write to you in your capacity as Chairman of the Arbitration panel that was selected to hear the above case. The Arbitration hearing in the case has been scheduled for January 11, 2001 at 9:30 a.m. I write to advise you that the parties have settled the case. Accordingly, there is no need for the Arbitration hearing scheduled January 11, 2001. If you should have any questions, please feel free to give me a call. You truly, Keith O. Brenneman KOB/sz CC: Baker Carburetion Robert E. Cherwony, Esquire Jeffrey N. Yoffe, Esquire Galen Waltz, Esquire SNELBAKER, BRENNEMAN F3 SPARE A PK0II%%P3NAL CONPURApUN ATTORNEY5 AT LAW M WEST MAIN STRICT RICHARD C SNLLOAKLR MECHANICSBURG, PENNSYLVANIA 17055 KHrH O BRrNNr.MAN PHILIP H. SPARii 71/-ownszn January 5, 2001 Richard L. Webber, Jr., Esquire 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 Re: Federal Express Corp. v. Baker No. 99-4651, Cumberland County Dear Mr. Webber: P. O. BOX 318 FACSIMILE VIA 6977661 I write to you in your capacity as Chairman of the Arbitration panel that was selected to hear the above case. The Arbitration hearing in the case has been scheduled for January 11, 2001 at 9:30 a.m. I write to advise you that the parties have settled the case. Accordingly, there is no need for the Arbitration hearing scheduled January 11, 2001. If you should have any questions, please feel free to give me a call. Yours truly, Keith O. Brenneman KOB/sz CC: Baker Carburetion Robert E. Cherwony, Esquire Jeffrey N. Yoffe, Esquire Galen Waltz, Esquire FEDERAL EXPRESS CORP. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-4651 CIVIL STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION TO: Robert E. Cherwony, Esquire and Keith 0. Brenneman, Esquire NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment January 11, 2000 beginning at 9:30 a.m. in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. DATED: November 30, 2000 s Richard L. Webber, Jr., Esquire(. Chairman Jeffrey N. Yoffe, Esquire Galen Waltz, Esquire cc: Cumberland County Court Administrator's Office Cumberland County Prothonotary's Office i %CUr FuWmlRm PenbEnniwn 17W_2Ban NI •pd a KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 FEDERAL EXPRESS CORP. VS. Attorney for Plaintiff(s) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION NO. 99-4651 REPLY TO NEW MATTER 6. Denied. On the contrary, the charges do pertain to defendant. 7. Denied. On the contrary, plaintiff has delivered shipments as requested. 8.-9. Denied as stated. on the contrary, these were 2 isolated shipments and credits were issued. 10. Denied. On the contrary, defendant has not made repeated requests and plaintiff has not ignored repeated requests. 11.-12. Denied. On the contrary, plaintiff has not ineptly handled shipments and failed to deliver in good condition. 13. Denied. The allegation contained in this paragraph is a conclusion of law to which no response is required, pursuant to the Pennsylvania Rules of Civil Procedure, and which is therefore deemed denied. 14. Denied. The allegation contained in this paragraph is a conclusion of law to which no response is required, pursuant to the Pennsylvania Rules of Civil Procedure, and which is therefore deemed denied. 15. Denied. The allegation contained in this paragraph is a conclusion of law to which no response is required, pursuant to the Pennsylvania Rules of Civil Procedure, and which is therefore deemed denied. 16. Denied. The allegation contained in this paragraph is a conclusion of law to which no response is required, pursuant to the Pennsylvania Rules of Civil Procedure, and which is therefore deemed denied. 1 17. Denied. The allegation contained in this paragraph is a conclusion of law to which no response is required, pursuant to the Pennsylvania Rules of Civil Procedure, and which is therefore deemed denied. 18. Denied. The allegation contained in this paragraph is a conclusion of law to which no response is required, pursuant to the Pennsylvania Rules of Civil Procedure, and which is therefore deemed denied. 19. Denied. The allegation contained in this paragraph is a conclusion of law to which no response is required, pursuant to the Pennsylvania Rules of Civil Procedure, and which is therefore deemed denied. WHEREFORE, plaintiff requests judgment in its favor plus costs. Dated: KRAFT & KRAFT, P.C. BY- Ro ert E. Cherwony, Es Attornev for Plaintiff VERIFICATION Robert E. Cherwony, Esquire hereby states that he is the Attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. I Date: r_ . ,. ??_, - ,??, -- - -n cc ^. ii _? .. _ U FEDERAL EXPRESS CORP., Plaintiff V. STEPHANIE BAKER, i/t/a BAKER PERFORMANCE and BAKER CARBURETION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4651 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Federal Express Corp., Plaintiff and Robert E. Cherwony, Esquire Kraft & Kraft, P. C. 1311 Spruce Street Philadelphia, PA 19107 You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. SNELBAKIERR,, BBRREjNNEMAN & SPARE, P. C. By: I?+??• '( Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Date: September 3, 1999 FEDERAL EXPRESS CORP., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4651 CIVIL TERM STEPHANIE BAKER, i/t/a CIVIL ACTION - LAW BAKER PERFORMANCE and BAKER CARBURETION, JURY TRIAL DEMANDED .Defendant ANSWER WITH NEW MATTER Defendant Stephanie Baker, trading as Baker Carburetion, by her attorneys, Snelbaker, Brenneman & Spare, P. C. submits this Answer with New Matter in response to Plaintiff's Complaint as follows: ANSWER 1. Denied. It is denied that answering Defendant purchased services of the kind, price and amount set forth in Exhibit A to the Complaint. To the contrary, the majority of the purported charges and services claimed to be set forth on the documents comprising Exhibit A were not provided answering Defendant. Further, it is denied, to the extent it is implied, that Plaintiff properly provided delivery service to answering Defendant. Strict proof of the averments set forth in Paragraph 1 of Plaintiff's Complaint is hereby demanded. 2. Denied. It is denied that the purported services set forth on Exhibit A were ordered at the specific instance and UAW OFFICES eNELBAKER, request of answering Defendant and were delivered to Defendant. BRENNEMAN & SPARE To the contrary, a majority of the purported services as set forth in Exhibit A were not provided answering Defendant. It is further denied that any services provided by Plaintiff were received without complaint. To the contrary, a representative of answering Defendant made repeated complaints to Plaintiff about the inept service Plaintiff provided, its failure to deliver items on time, its failure to deliver items in a satisfactory condition and the complete lack of attention and responsiveness of Plaintiff's representatives in responding to complaints. 3. Denied. It is denied that the prices allegedly charged Plaintiff were fair, reasonable, just and the market prices for services claimed to be provided. It is further denied that answering Defendant agreed to pay the price charged under the circumstances for the services Plaintiff failed to provide. To the contrary, Plaintiff's charges for services not provided, untimely service and questionable charges on account rendered any price Plaintiff charged under the circumstances unfair, unreasonable and unjust. 4. It is denied that all credits to which answering Defendant is entitled are set forth in Exhibit A. To the contrary, Exhibit A does not, in its entirety, reflect an accurate statement of answering Defendant's account. 5. Admitted in part; denied in part. It is admitted only LAW OFFICtS SNELBAKER. BRENNEMAN & SPARE that Plaintiff has improperly demanded of answering Defendant payment on account and that the answering Defendant has refused -2- to pay same in full. It is denied that answering Defendant refuses to pay any part of the sum claimed to be due. To the contrary, answering Defendant has made repeated attempts to obtain explanation of questions on charges assessed by Plaintiff and apparent irregularities on Plaintiff's bills. Plaintiff has failed and obstinately refused to provide any specific information in response to the many inquiries made. WHEREFORE, answering Defendant requests this Court to enter judgment in its favor and dismiss Plaintiff's Complaint with prejudice. NEW MATTER 6. The purported charges set forth on Exhibit A of Plaintiff's Complaint contain charges not associated with or provided to answering Defendant's business. 7. Plaintiff has failed to deliver shipments as requested by answering Defendant. 8. Plaintiff has admitted to failing to deliver shipments for answering Defendant, most recently in a letter to Baker Carburetion dated July 26, 1999, a true and correct copy of which is attached hereto and incorporated by reference herein as "Exhibit 111. 9. Plaintiff has admitted causing answering Defendant LAW OFFICES SNELBAKER. BRENNEMAN & SPARE difficulties and inconvenience due to Plaintiff's failure to make shipments. (See Exhibit 1 hereto.) -3- de'i/Ir/. ? Irl 1. rt:/,/I/,... I, .rl/'., '!.4'' r •. r .. ffr r i___•o_ __=?Ic b(:I !!ll/r// II /: l/1?lrryrl III L/. ci l/•./.1/! 'r•rlsi%?i%,-r r.n _:.?. has IN t:I/11il:rl it ?, Ir11111IrIa .Ilh IIJ IIIIIIN lai?h ntilJ lair iea1 ing with i lll,l n111111111 i I'. Fru I ln. 11. i •, I•„,n• In•r IIII l h ni1,r/o, the: initiation of I It l ,• ,it I I •..p0w.1 ,111 •.a11•I I nq Iml r-rnlnnl Ira ilnl:onrsci.onable and n?1?nl lun?? I at I oil I lit, l a• •u, nu au11 I 11 111 nllnva+, II1it intiff is not a?lll I I I nl I it i -t1 Ii•i I al l it iw1, I it l a!un, what hor or not same are or 1 I I •I I itwil I I i i lit, ilill• I,% v I i I wo all aanp otsiit rna•t un I obligation d 10. Answering Defendant has attempted repeatedly to have questions answered and information provided concerning its account and the charges that Plaintiff has made; however, Plaintiff continues to ignore answering Defendant's repeated questions and requests. 11. Due to Plaintiff's inept handling of shipments and failure to deliver items in the condition when given for delivery, Plaintiff has caused answering Defendant to lose business, customers and accounts. 12. Due to Plaintiff's inept handling of shipments and failure to deliver items in the condition when given for delivery, answering Defendant has suffered damage to its business reputation. 13. Plaintiff has breached its express and/or implied warranty on numerous occasions that it will timely deliver items shipped on behalf of answering Defendant. 14. For the reasons set forth above, Plaintiff has breached its obligation of good faith and fair dealing with Defendant. 15. For the reasons set forth above, the initiation of this suit against answering Defendant is unconscionable and vexatious. 16. For the reasons set forth above, Plaintiff is not LAW OFFICES SNELBAKER• BRENNEMAN a SPARE entitled to collect attorney's fees, whether or not same are or claimed to be due by virtue of any contractual obligation -4- between the parties to this action. 17. For the reasons set forth above, Plaintiff's efforts to collect charges against answering Defendant under any purported agreement or contract constitutes overreaching. 18. For the reasons set forth above, the actions by Plaintiff constitute violation of the Pennsylvania Unfair Trade Practices and Consumer. Protection Act. 19. For the reasons set forth above, answering Defendant claims as a set-off to any purported amount claimed to be due Plaintiff, loss of business and consequential damages due to Plaintiff's failure to deliver and ship items timely and in a condition in which they were given to Plaintiff. WHEREFORE, Defendant requests this Court to enter judgment in favor of Defendant and allow a set-off to any claim of Plaintiff for Defendant's business loss and consequential damages for the reasons set forth above, and award costs of this action and attorney's fees to answering Defendant. SNELBAKER, BRENNEMAN & SPARE, P. C. By: i ."4ro? Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant LAW OFFICES Stephanie Baker SNELBAKER. BRENNEMAN Date: & SPARE September 2, 1999 II -5- i i e.Nwai...... 6 Q 3?... II i' II i i I II I=&xMH_ I Y verity that the atatemonts made in the form oin, ! with New Matter are true and correct, i understand that I Mr':L I11 st4ktement9 heroin Us made Subject to the ? Penalties Of ir? !•• I IC-S. §4904 relatiing to unawoa ar•. IUn.X ! C Baker CarburetiontrUate: September ?, 1999 Theodore. L Weise Residmt SW Chla7 Eaecunm Ohm, FW Federal Express July 26, 1999 Ms. Shirley Baker Baker Carburetion 6354 Brandy Lane Mechanicsburg, PA 17055 Dear Ms. Baker: fene,at E,Inuss Carpsralion Telephone 901 .369-3600 U S Mdil 11) Box 777 Ml.mPNS, IN 38194 1 911 ow. Mr. Weise received your July 12 email addressed to Mr. Smith, and has asked that I respond on his behalf. I am terribly sorry for the difficulties and inconvenience that were undoubtedly caused by our failure to deliver your shipments sent under tracking number 790757728030 and 790761709690, as expected. Clearly, neither occasion is an example of our best efforts, nor are they typical of the kind of service we expect to provide our customers. Details of the handling of these shipments have been forwarded to executive management for review and any necessary action. Every effort will be made to prevent a similar occurrence. We are also very concerned with the report that you have received unfavorable assistance from members of our staff when calling to describe less than satisfactory delivery service. Our employees are expected to maintain a courteous, professional demeanor at all times, and most assuredly are expected to respond to your report of poor service. You may rest assured this matter has also been brought to the attention of the appropriate senior management. We remain committed to 100% reliability in every aspect of our operation and hope you will allow us future opportunities to prove our ability to serve you effectively. Sincerely, Margaret E. BoylV' Assistant to the President meb/14308 cc: Michael Saladino, PNV/NC/28226 Edward Wildman, MDTA/PA/17111 Dewayne Davis, LEBA/NH/03766 Bill Dooley, MEM/TN/38194-5712 Debra Stewart, MID-WK/MD/21201 Forrest Luster, MEMlrN/3 8 1 94-2 1 32 EXHIBIT I CERTIFICATE OF SERVICE I, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Answer with New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Robert E. Cherwony, Esquire Kraft & Kraft, P. C. 1311 Spruce Street Philadelphia, PA 19107 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. 0. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Stephanie Baker, trading as Baker Carburetion Date: September 3, 1999 LAW OFFICES II SNELBAKER, BRENNEMAN & SPARE SHERIFF'S RETURN - REGULAR CASE NO: 1999-04651 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL EXPRESS CORP VS. BAKER STEPHANIE ET AL KATHY CLARKE Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon BAKER STEPHANIE I/T/A BAKER PERF AND BAKER CARBURETION the defendant, at 10:45 HOURS, on the 4th day of August 1999 at 6352 BRANDY LANE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to SHIRLEY BAKER (GENERAL MANAGER OF BAKER CARBURETION) a true and attested copy of the NOTICE AND COMPLAINT IN together with CIVIL ACTION and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So answ .? P Service 6.82 Affidavit .00 Surcharge 8.00 omas Ine, eri $32.82 KR FT & KRAFT 08 05/1999 by LL,,? G al ?pp ep y eri Sworn and subscribed to before me this day of 19gq A.D. ro ono r KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Identification No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 Attorney for Plaintiff(s) FEDERAL EXPRESS CORP. P. O. Box 1140 Memphis, TN 38101-1140 Vs. STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION 6352 Brandy Lane Mechanicsburg, PA 170552 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTI O N AT LAW ' ' NO. '!C/ -- 416x/ / C1iVt 1 -rglZ-. CIVIL ACTION COMPLAINT "NOTICE" "You have been sued in court. If you wish to defend against the claims 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 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. ""ISO" "Le han demandado a usted en Is corte. S1 usted quiere defenderse de este demandas expuestae en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de Is demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a Is corte en forma escrita sue defenses o sus objeciones a las demandas en contra de su persona. Sea avieado quo si usted no se defiende, la corte tomara medidas y puede continuer la demanda en contra euya sin previo aviso o notification. Ademas, la carte puede decidir a favor dei demandante y requiere quo usted cumpla con todas lee provisiones de esta demands. Usted puede perder dinero o sue propiedades u ostros derechos importantes pars usted. "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. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIICINA CUYA DIRECCION BE ENCUENTRA ESRITA ABAJO PARA AVERIGUAR DONDE BE PUEDE CONSEGUIR ASISTENCIA LEGAL." Court Administrator Courthouse, 4th Floor 1 Court House Square Carlisle, PA 17013 KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 FEDERAL EXPRESS CORP. P. O. Box 1140 Memphis, TN 38101-1140 V. STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION 6352 Brandy Lane Mechanicsburg, PA 170552 Attorney for Plaintiff(s) COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW No. 99• yG3"f 81;0 CIVIL ACTION 1. On the dates mentioned, of the kind and price, and in the amounts set forth in Exhibit "A" attached hereto, and made part hereof, the defendant(s) purchased services set forth or referred to therein, and agreed to pay therefor. 2. The said services set forth in Exhibit "A" were ordered at the specific instance and request of the defendant(s) to whom the same were delivered, and who received the same without complaint. 3. The prices charged are the fair, reasonable, just and market prices of the services set forth, and are the prices which the defendant(s) agreed to pay therefor. 4. All credits, if any, to which the defendant(s) is/are entitled ar set forth in said Exhibit "A". 5. The plaintiff has made demand upon the defendant(s) for payment for the said services in the amount of $10,153.71, but the defendant(s) failed and refused, and still refuses/refuse to pay the said sum or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $10,153.71 plus interest in the amount of $973.82, plus attorney's fees in the amount of $2,538.42, for a total of $13,665.95 plus court costs, all of which are justly due and owing from the defendant(s) to the plaintiff. KRAFT & KRAFT, P.C. j BY • Robert E. Cherwony, Esqu Attorney for Plaintiff NEXT SCREEN: ENTER,INVOICE: REPRINTS: P CUSTOMER NAME: *CASH*02/17/98 SOLAR ITEM INQUIRY SKIP: BYPASS PM/RM: A/B: PAGE: 1 OF 1 CUST #: BAKER PERFORMANCE 8N 6352 BRANDY LN MECHANICSBURG PA 170552 INVOICE NO. DATE AGE 4-434-62612 02/20/98* 350 4-413-16185 01/30/98* 371 4-406-19578 01/23/98* 378 4-398-67843 01/16/98* 385 4-379-79545 12127197* 405 4-372-03443 12/19/97* 413 4-364-98619 12/12/97* 420 4-358-04525 12/05/97* 427 4-352-00507 11/30/97* 432 4-344-78594 11/21/97* 441 4-337-37775 11/14/97* 448 4-330-09609 11/07/97* 455 CUSTOMER TOTALS ENTER AN S BY THE INV. NO TO CUSTOMER NO: PHONE NO: FPP NO: NO OF ITEMS: 2176-7599-5 717-795-5949 12 INV AMT AMOUNT DUE CO. LVL AST AC DATE STATUS 52.00 52.00 0100 6 184 05/20/98 OPEN 14.75 14.75 0100 7 184 05/20/98 OPEN 126.25 126.25 0100 6 184 05/20/98 OPEN 90.75 90.75 0100 6 184 05/20/98 OPEN 144.50 144.50 0100 6 184 05/20/98 OPEN 155.75 155.75 0100 6 184 05/20/98 OPEN 112.25 112.25 0100 6 184 05/20/98 OPEN 38.50 38.50 0100 6 184 05/20/98 OPEN 322.50 322.50 0100 6 184 05/20/98 OPEN 269.25 269.25 0100 6 184 05/20/98 OPEN 327.75 327.75 0100 6 184 05/20/98 OPEN 428.00 109.01 0100 6 184 05/20/98 OPEN 1763.26 SEE DETAIL ®3g > NUM 1W. 26 '/7 97.5-0 -r- 3&oa, g5 /o, / 53, 7/ t d 5.35, `?a 0 2.68 - Q.cvt. a10G75639( -do-at 1442-7-71651 A FLF, NEXT SCREEN: SOLAR ITEM INQUIRY SKIP: ENTER- INVOICE: BYPASS PM/RM: A/B: REPRINTS: P CUSTOMER NAME: SHIRLEY BAKER mN *CASH*05/14/98 3917 GETTYSBURG RD CAMP HILL PA 170116 INVOICE NO. DATE AGE 4-681-56646 10/26/98 102 4-676-28031 10/20/98 108 4-672-23111 10/15/98 113 4-666-73366 10/09/98 119 4-664-04244 10107/98 121 4-658-93325 10/01/98 127 4-657-92561 09/30/98 128 4-652-71986 09/24/98 134 4-651-50881 09/23/98 135 4-648-77059 09/21/98 137 4-642-31470 09/14/98 144 4-639-62066 09/11/98 147 PAGE: 1 OF 004 CUST #: CUSTOMER NO: 2176-7563-4 PHONE NO: 717-731-0876 FPP NO: NO OF ITEMS: 45 INV AMT AMOUNT DUE CO. LVL AGT AC DATE STATUS 41.00 41.00 0100 7 181 02/05/99 OPEN 28.25 28.25 0100 7 181 02/05/99 OPEN 87.00 87.00 0100 7 181 02105/99 OPEN 207.50 207.50 0100 7 181 02/05/99 OPEN 69.00 69.00 0100 7 181 02/05/99 OPEN 19.00 19.00 0100 7 181 02/05/99 OPEN 56.00 56.00 0100 7 181 02/05/99 OPEN 95.50 95.50 0100 7 181 02/05/99 OPEN 17.50 17.50 0100 7 181 02/05199 OPEN 166.50 166.50 0100 7 181 02/05/99 OPEN 50.25 50.25 0100 7 181 02/05/99 OPEN 144.50 144.50 0100 7 181 02/05/99 OPEN ENTER SKIP VALUE - S SELECT INVOICE - PF3 MORE INVOICES. En > NUM 0 1.55 NEXT SCREEN: SOLAR ITEM INQUIRY SKIP: ENTER INVOICE: BYPASS PM/RM: A/B: REPRINTS: P CUSTOMER NAME: SHIRLEY BAKER ON *CASH*05/14/98 3917 GETTYSBURG RD CAMP HILL PA 170116 INVOICE NO. 4-637-33136 4-635-84877 4-631-80428 4-626-76035 4-624-32197 4-622-91272 4-618-85585 4-617-63292 4-613-26161 4-612-04219 4-609-35819 4-606-56610 DATE AGE 09/09/98 149 09/08/98 150 09/02/98 156 08/27/98 162 08/25/98 164 08/24/98 165 08/19/98 170 08/18/98 171 08/13/98 176 08/12/98 177 08/10/98 179 08/05/98 184 PAGE: 2 OF 004 CUST #: CUSTOMER NO: 2176-7563-4 PHONE NO: 717-731-0876 FPP NO: NO OF ITEMS: 45 INV AMT AMOUNT DUE CO. LVL AGT AC DATE STATUS 41.50 41.50 0100 7 181 02/05/99 OPEN 222.25 222.25 0100 7 181 02/05/99 OPEN 216.50 216.50 0100 7 181 02/05/99 OPEN 218.00 218.00 0100 7 181 02105/99 OPEN 60.75 60.75 0100 7 181 02/05/99 OPEN 177.75 177.75 0100 7 161 02105/99 OPEN 31.00 31.00 0100 7 181 02/05/99 OPEN 104.50 104.50 0100 7 181 02/05/99 OPEN 33,75 33.75 0100 7 181 02/05/99 OPEN 15.25 15.25 0100 7 181 02/05/99 OPEN 112.00 112.00 0100 7 181 02/05/99 OPEN 102.75 102.75 0100 7 181 02/05/99 OPEN ENTER SKIP VALUE - S SELECT INVOICE - PF3 MORE INVOICES. ®-TS > NUM O 1.55 NEXT SCREEN: SOLAR ITEM INQUIRY SKIP: PAGE: 3 OF 004 ENTER INVOICE: BYPASS PM/RM: A/B: CUST #: REPRINTS: P CUSTOMER NAME: SHIRLEY BAKER mN CUSTOMER NO: 2176-7563-4 :CASH*05/14/98 3917 GETTYSBURG RD PHONE NO: 717-731-0876 CAMP HILL PA 170116 FPP NO: NO OF ITEMS: 45 INVOICE NO. DATE AGE 4-604-40155 08/03/98 186 4-600-35098 07/30/98 190 4-599-09583 07/29/98 191 4-594-73160 07/24/98 196 4-591-95201 07/22/98 198 4-590-57445 07/21/98 199 4-585-96858 07/16/98 204 4-584-84707 07/15/98 205 4-577-66225 07/08/98 212 4-576-56983 07/07198 213 4-575-80989 07/06/98 214 4-569-69174 06/30/98 220 INV AMT AMOUNT DUE CO. LVL AGT AC DATE STATUS 145.50 145.50 0100 7 181 02/05/99 OPEN 50.50 50.50 0100 7 181 02/05/99 OPEN 120.00 120.00 0100 7 181 02/05/99 OPEN 75.75 75.75 0100 7 181 02/05/99 OPEN 126.25 88.25 0100 7 181 02/05/99 OPEN 75.75 75.75 0100 7 181 02105199 OPEN 87.50 87.50 0100 7 181 02/05/99 OPEN 90.50 90.50 0100 7 181 02/05/99 OPEN 171..75 171.75 0100 7 181 02/05/99 OPEN 31.25 31.25 0100 7 181 02/05/99 OPEN 373.00 373.00 0100 7 181 02/05/99 OPEN 55.75 55.75 0100 7 181 02/05/99 OPEN ENTER AN S BY THE INV. NO TO SEE DETAIL OR PRESS PF3 TO SEE NEXT PAGE ®?n > NUM 0 2.68 A FLEMIN6 NEXT SCREEN: ENTER- INVOICE: REPRINTS.: P CUSTOMER NAME: *CASH*05/14/98 SOLAR ITEM INQUIRY BYPASS PM/RM: A/B: SHIRLEY BAKER ®N 3917 GETTYSBURG RD CAMP HILL PA 170116 SKIP: PAGE: 4 OF 004 CUST #: CUSTOMER NO: 2176-7563-4 PHONE NO: 717-731-0876 FPP NO: NO OF ITEMS: 45 INVOICE NO. DATE AGE INV AMT AMOUNT DUE CO. LVL AGT AC DATE STATUS 4-562-65576 06/23/98 227 89.00 89.00 0100 7 181 02/05/99 OPEN 4-561-10412 06/22/98 228 100.75 100.75 0100 7 181 02/05/99 OPEN 4-553-67569 06/15/98 235 199.75 199.75 0100 7 181 02/05/99 OPEN 4-549-27633 06/10/98 240 23.50 23.50 0100 7 181 02/05/99 OPEN 4-541-86546 06/03/98 247 365.50 365.50 0100 7 181 02/05/99 OPEN 4-535-34506 05/28/98 253 93.00 93.00 0100 7 181 02/05/99 OPEN 4-533-92109 05/27/98 254 38.50 38.50 0100 7 181 02/05/99 OPEN 4-523-25700 05/15/98 266 173.50 173.50 0100 6 181 02/05/99 OPEN 4-293-90815 10/03/97 490 20,90 20.50 0100 6 181 02/05/99 OPEN CUSTOMER TOTA LS 4787.50 ENTER AN S BY THE INV. NO TO SEE DETAIL C?II? > NUM 0 2.68 NEXT SCREEN: SOLAR ITEM INQUIRY SKIP: ENTER INVOICE: BYPASS PM/RM: A/B: REPRINTS: P CUSTOMER NAME: BAKER CARBURETION @N *CASH*01/27/99 PO BOX 852 MECHANICSBURG PA 170558 INVOICE NO. DATE AGE 4-763-85775 02/03/99 02 4-763-14668 02/02/99 03 4-759-11995 01/27/99 09 4-666-73632 10/D9/98 119 4-555-43984 06/16/98 234 4-541-86552 06/03/98 247 4-540-82949 06/02/98 248 4-533-92115 05/27/98 254 4-526-45862 05/19/98 262 4-524-80244 05/18/98 263 4-520-73107 05/13/98 268 4-512-57159 05/06/98 275 PAGE: 1 OF 003 CUST #: CUSTOMER NO: 1427-2165-1 PHONE NO: 717-731-0876 FPP NO: NO OF ITEMS: 31 INV AMT AMOUNT DUE CO. LVL AGT AC DATE STATUS 159.50 159.50 0100 7 181 02105199 OPEN 133.50 133.50 0100 6 181 02/05/99 OPEN 108.00 108.00 0100 6 180 01/27/99 OPEN 118.25 118.25 0100 6 180 01127199 OPEN 31.25 31.25 0100 7 180 01/27/99 OPEN 66.75 66.75 0100 7 180 01/27/99 OPEN 18.75 18.75 0100 7 180 01/27/99 OPEN 254.00 254.00 0100 7 180 01/27/99 OPEN 132,35 132.75 0100 7 180 01/27/99 OPEN 38.50 38.50 0100 7 180 01/27/99 OPEN 448.50 448.50 0100 7 180 01/27/99 OPEN 258.75 258.75 0100 7 180 01/27/99 OPEN ENTER AN S BY THE INV. NO TO SEE DETAIL OR PRESS PF3 TO SEE NEXT PAGE El > NUM 0 2.68 A FLEMING NEXT SCREEN: SOLAR ITEM INQUIRY SKIP: PAGE: 2 OF 003 -ENTER INVOICE: BYPASS PM/RM: A/B: CUST #: REPRINTS: P CUSTOMER NAM E: BAKER CARBURETION ON CUSTOMER NO: 142 7-2165-1 *CASH*01/27/ 99 PO BOX 852 • PHONE NO: 717 -731-0876 MECHAN ICSBURG PA 170558 FPP NO: NO OF ITEMS: 31 INVOICE NO. DATE AGE INV AMT AM OUNT DUE CO. LVL AGT AC DATE STATUS 4-511-48933 05/05/98 276 55.25 55.25 0100 7 180 01/27/99 OPEN 4-509-99136 05/04/98 277 59.00 59.00 0100 7 180 01/27/99 OPEN 4-507-88628 05/01/98 280 306.50 306.50 0100 7 180 01/27/99 OPEN 4-501-52282 04/24198 287 214.75 214.75 0100 7 180 01127/99 OPEN 4-493-74487 D4117198 294 57.25 57.25 0100 6 180 01127/99 OPEN 4-490-91785 04/15/98 296 166.00 166.00 0100 6 180 01/27/99 OPEN 4-486-35261 04/10/98 301 162.00 162.00 0100 6 180 01/27/99 OPEN 4-470-71422 03/26/98 316 190.00 190.00 0100 6 180 01/27/99 OPEN 4-467-83210 03/24/98 318 62..50 62.50 0100 7 180 01/27/99 OPEN 4-463-37819 03/19/98 323 41.50 41.50 0100 7 180 01/27/99 OPEN 4-461-80585 03/18/98 324 26.75 26.75 0100 6 180 01/27/99 OPEN 4-461-80586 03/18/98 324 32.00 32.00 0100 7 180 01/27/99 OPEN ENTER AN S BY THE INV. NO TO SEE DETAIL OR PRESS PF3 TO SEE NEXT PAGE ON > NUM 0 2,68 A FLF,'MIN6 NEXT SCREEN: SOLAR ITEM INQUIRY SKIP: ENTER INVOICE: BYPASS PM/RM: A/B: REPRINTS: P CUSTOMER NAME: BAKER CARBURETION mN *CASH*01/27/99 PO BOX 852 MECHANICSBURG PA 170558 INVOICE NO. DATE AGE 4-460-39463 03/17/98 325 4-454-16780 03/11/98 331 4-449-38107 03/06/98 336 4-430-90089 02/17/98 353 4-425-30849 02/12/98 358 4-423-25499 02/10/98 360 4-417-35622 02/04/98 366 PAGE: 3 OF 003 GUST #: CUSTOMER NO: 1427-2165-1 PHONE NO: 717-731-0876 FPP NO: NO OF ITEMS: 31 INV AMT AMOUNT DUE CO. LVL AGT AC DATE STATUS 50.00 50.00 0100 6 180 01/27/99 OPEN 41.50 41.50 0100 6 180 01/27/99 OPEN 125.00 125.00 0100 6 180 01/27/99 OPEN 20.70 20.70 0100 7 180 01/27/99 OPEN 16.75 16.75 0100 7 180 01/27/99 OPEN 12.00 12.00 0100 6 180 01/27/99 OPEN 195.00 195.00 0100 6 180 01/27/99 OPEN CUSTOMER TOTALS 3602.95 ENTER AN S BY THE INV. NO TO SEE DETAIL ®Tl » NUM 0 2.68 :A FLEMINIG ACCOUNT NAME: ACCOUNT NUMBER: TOTAL FREIGHT CHARGES: COLLECTION FEES: Baker Perfoxmance #217675995 217675634 142721651 $10,153.71 2,538.42 $12,692.13 TOTAL OF AFFIDAVIT: Our contractual agreement allows for recovery of costs incurred during collection efforts. Please note below a copied segment from Volume 1 of Federal Express Service Guide for 199?. Credit Terms The invoice date begins the credit term cycle and payment is due within 15 days from the invoice date. Failure to keep your FedEx account current will result in your being placed on a "cash only" status. This status may impair your ability to use our service and may have an effect on your discount program. In the event prompt payment is not made and your account is placed on a "cash only" basis, credit privileges will not be restored until you have paid all past due bal- ances in full and all costs, fees, and expenses incurred by Federal Express in collecting or attempting to collect such balances. In the event that suit is filed to collect unpaid charges, you agree to be liable for all reasonable costs which include, but are not limited to, attorney fees, interest, and court costs. We do not provide consumer credit privileges. Refunds for overpayment of transportation charger will not be issued when your FedEx account is more than 60 Lys past due. Amounts overpaid will be apoiied a_oai-m any invoices more than CO days Ps d,:Ie.y JUN-24-99 12:24 PM The undersigned hereby certifies that he is the Actino Senior Manager of Federal Express Corp of the plaintiff corporation, that he is authorized to make this affidavit on the corporation's behalf and that all of the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. The foregoing statement is made subject to the penalties of the Pennsylvania Crimes Code 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 6-25-99 Date ?? ? ?? ??,• v L?I C. r?C.Xj?? Name Bill Dooley P.02 My Commission Expires'darh 12, 0-C02 L l cly ZZ. n ` ? A ( FEDERAL EXPRESS CORP VS. STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4651 CIVIL TO: Robert E. Cherwony, Esquire and Keith O. Brenneman, Esquire NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment January 11, 2000 beginning at 9:30 a.m. in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. DATED: November 30, 2000 cc: Cumberland County Court Administrator's Office Cumberland County Prothonotary's Office /L "an?z Richard L. Webber, Jr., Esquire - hairman Jeffrey N. Yoffe, Esquire Galen Waltz, Esquire F W,cr fuWc0Firtn Ixx,b?MUmbn`.I] W ifc&x ., wpl r? n ?? ob ' ?' ?? , N:: ? a ?.?. rTti?, ?, •t u ?i.. CC v., r 1 v !WS] rt } 1. i[.L] ? FEDERAL EXPRESS CORP V. STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION IN RE: ARBITRATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4651 CIVIL TERM ORDER OF COURT AND NOW, January 10, 2001, the Court having been informed that the above-case has been settled, the panel of arbitrators previously appointed is vacated and the chairman, Richard Webber, Esquire, shall be paid the sum of $50.00. Richard Webber, Esquire Court Administrator :ssg By the C rt, Georg E. Hoffer, -P. ij d 0 ,., ,. ?„ ..,. , ,:. _,,, __ KRAFT & KRAFT, P. C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 FEDERAL EXPRESS VS. STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION Attorney for Plaintiff(s) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW NO 114 STIPULATION 3 (?f AND NOW, this day of January agreed, by and between counsel captioned matter is settled for installments of $400.00 commencii 99-4651 2001, it is hereby stipulated and for the parties that the above $10,153.71 to be paid in monthly ig on January 15, 2001. In the event of default, fax notice shall be sent to defendant's counsel. If said default is not cured in ten (10) days, plaintiff may enter judgment against defendant in the sum amount of $13,665.95 minus credit for any payments made by date. All payments shall be mailed to plaintiff's counsel. KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney for Plaintiff BY: Keith O. Brenneman, Esquire Attorney for Defendant {;:: . 1111 j O U KRAFT & KRAFT, P.C. By: Robert E. Cherwony Attorney No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 FEDERAL EXPRESS CORP. P.O. Box 727 Memphis, TN 38194-5712 VS. STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION 6354 Brand Lane Mechanicsburg, PA 17050 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA . CIVIL ACTION AT LAW : NO. 99-4651 PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against defendant pursuant to the attached Stipulation in the amount of $5,295.95. (L12- Rotert E. Cherwony, Esquire I l , Attorney for Plaintiff Date KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 FEDERAL EXPRESS VS. STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION Attorney for Plaintiff(s) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW NO. 99-4651 STIPULATION .3076e AND NOW, this day of January 2001, it is hereby stipulated and agreed, by and between counsel for the parties that the above captioned matter is settled for $10,153.71 to be paid in monthly installments of $400.00 commencing on January 15, 2001. the event of defendant's c unsel. If said default is not notice shall ten be (10sent ) days plaintiff may enter judgment against defendant in the sum amount of $13,665.95 minus credit for any payments made by date. All payments shall be mailed to plaintiffs counsel. KRWert FT, P.C. BY. Cherwony, Esquire Attorney for Plaintiff BY: Keith O. Brenneman, Esquire Attorney for Defendant } C rL 1? r, O LL r, ?'. 1 C Z j.• ,: ca BUJ , J ::O d i= la- O U KRAFT & KRAFT, P. C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 FEDERAL EXPRESS CORP. P.O. Box 727 Memphis, TN 38194-5712 V. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION 6354 Brand Lane Mechanicsburg, PA 17050 NO. 99-4651 CERTIFICATION OF ADDRESSES I certify the address of the plaintiff is P.O. Box 727, Memphis, TN 38194-5712; and the address of defendant(s) is 6354 Brand Lane, Mechanicsburg, PA 17050. Date: May 24, 2005 KRAFT & KRAFT, P.C. -W 6111,-, Rob rt E. Cherwony, Esquire Attorney for Plaintiff ,: z KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 FEDERAL EXPRESS CORP. P.O. Box 727 Memphis, TN 38194-5712 V. Esquire Attorney for Plaintiff . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION AT LAW STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION 6354 Brand Lane Mechanicsburg, PA 17050 NO. 99-4651 VERIFICATION OF NON-MILITARY SERVICE The undersigned deposes and says that he is the attorney for the plaintiff in the above entitled matter; that he has made an investigation and knows of his own personal knowledge that the above mentioned defendant (s) are not engaged directly or indirectly in the Military or Navel Service of The United States of America as defined in the Soldiers' and Sailors' Civil Relief Act and its Amendments, but are over twenty-one years of age. Defendant(s) presently resides at 6354 Brand Lane, Mechanicsburg, PA 17050. This statement is made subject to the penalties of the Pennsylvania Crimes Code, 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: May 24, 2005 Ro ert E. Cherwony, Esquire Attorney for Plaintiff l7 ?. Irr lL :'] CJ U (Rule of Civil Procedure No. 236) - Revised COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW FEDERAL EXPRESS CORP., Plaintiff VS. NO. 99-4651 STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION Defendant Notice is given that an Order to enter Judgment in the above- captioned matter has been entered against you on JJd.Vy-I , 2005. PROTHONOTARY: BY: If you have any questions concerning the above, please contact: KRAFT & KRAFT, P. C. 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 KRAFT & KRAFT, P. C. By: Robert E. Cherwony Attorney No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 FEDERAL EXPRESS CORP. P.O. Box 727 Memphis, TN 38194-5712 VS. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION 6354 Brand Lane Mechanicsburg, PA 17050 NO. 99-4651 VERIFICATION OF SERVICE The undersigned hereby certifies that he is attorney for the Plaintiff in the above-captioned matter; that on may 13, 2005 he served Attorney for Defendant, Keith 0. Brennenman, Esquire, with a letter of default in the above matter by fax. The foregoing statement is made subject to the penalties of the Pennsylvania Crime Code 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date Cherwony, Esquire for Plaintiff PAUL KRAFT PRESTON E. KRAFT--1943-1975 STEVEN XOPLOVE MARTIN J. XILSTEIN ROBERT E. CIIERWONY JAMES M. DeSANTO LAW OFFICES KRAFT & KRAFT, P. C. 1311 SPRUCE STREET PHILADELPHIA, PA. 19107 (215)546-5100 Fax: (215)732-3468 May 13, 2005 VIA FAX # 717-697-7681 Keith 0. Brennenman, Esq. Re: Federal Express Vs. Baker Performance No. 99-4651 Dear Mr. Brennenman: Pursuant to the Stipulation in this matter, please note that judgment will be entered for $5,295.95, which is the default amount less credits for payments made to date. Judgment will be entered if the default is not cured within ten (10) days. Very truly ours, KRAFT & KRAFTy P.C. for Rob4rt E. Cherwony SK/lp 7 TRANSMISSION VERIFICATION REPORT TIME 05/13/2005 12:46 NAME KRAFT&KRAFT FAX 2157323468 TEL 2155465100 SERA BROHIJ526560 DATE,TIME 05/13 12:45 FAX N0,/NAME 7176977681 DURATION 00:00:30 PAGE<S) 02 RESULT OK MODE STANDARD ECM LAW OFFICES KRAFT & KRAFT, P.C. PAUL KRAFT PRESTON E. KRArr.1943-1975 STEVEN KOPLOVE MARTIN J. KI STEIN ROBERT E. CHERWONY JAMBS M. DeSANTO 1311 SPRUCE STREET PHILADELPHIA, PA. 19107 (215)546.5100 Fax: (215)732.3468 TELECOPIER COVER LETTER DELIVER THE FOLLOWING PAGE (S) TO: Keith 0. Brennenman. Escr. TELECOPIER NUMBER OF RECIPIENT: 717-697-7681 TOTAL NUMBER OF PAGES INCLUDING COVER LETTER: DATE TRANSMITTED: 5/13105 . r: FROM: Steven Konlove. Esquire ORIGINAL DOCUMENTS WILL WILL NOT X FOLLOW BY MAIL RE: Federal Exnress vs. Baker Performance ADDITIONAL COMMENTS: co LO 1.!JI (l _ CV _1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION FEDERAL EXPRESS CORP. ( ) Confessed Judgment vs. ( ) Other STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION NO. 99-4651 Defendant, and COMMERCE BANK, PNC BANK, WACHOVIA BANK, CITIZENS BANK and WAYPOINT BANK, Gamishees Amount Due $5,295.95 Interest 51 105 Atty's Comm Costs TO THE PROTHONOTARYOF THE SAID COURT: The undersigned hereby certifies that the below does not arise installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate opriginal proceeding filed pursuant toAct 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 County, for debt, interest and costs, upon the following described property of the defendant(s) To levy and sell any and all personal property at: STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION 6354 Brand Lane Mechanicsburg. PA 17050 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) Checking account, savings account, safe deposit box, or any other personalty or realty which may be in the possession of the garnishee belonging to the Defendant. and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). ( ) (Indicate) index this writ against the gamishee(s) as a lis pende s against r e tate of the defendant(s) described in the attached exhibit/ Date: October 18, 2004 Signature: Print Name: Robert E. Cherwony, Esquire Address: 1311 Spruce Street Philadelphia, PA 19107 215-546-5100 Attorney for Plaintiff Attorney ID NO. 17623 G V V? 6r. )))??v??_lll u N?>ZOapan m o A Cy?• 9M7 o mx Z X C7 tz t o? r» xo ?z "? p, t19 Cn a CA to yr '?"? to LT1 N W N z a O O n W '.X17 zt7, W ro y. ?,?, yy oy ? n ro N G. N Q a, a a a o o CC) a ? a w W 0 0 U O C a O ?np0 a"' ?z° n 0 a? O b? o r f ,1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 994651 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FEDERAL EXPRESS CORP., Plaintiff (s) From STEPHANIE BAKER 1/T/A BAKER PERFORMANCE AND BAKER CARBURF.TION, 6354 BRAND LANE, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY AND SELL ANY AND ALL PERSONAL PROPERTY AT: STEPHANIE BAKER I/T/A BAKER PERFORMANCE AND BAKER CARBURETION, 6354 BRAND LANE, MECHANICSBURG, PA 17050 (2) You are also directed reattach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, PNC BANK, WACHOVIA BANK, CITIZENS BANK AND WAYPOINT BANK, GARNISHEES - CHECKING ACCOUNT, SAVINGS ACCOUNT, SAFE DEPOSIT BOX, OR ANY OTHER PERSONALTY OR REALTY WHICH MAY BE IN THE POSSESSION OF THE GARNISHEE BELONGING TO THE DEFENDANT. GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 $5,295.95 L.L. $.50 Interest Any's Comm % Due Prothy $1.00 Any Paid $120.32 Other Costs Plaintiff Paid Date: JUNE 1, 2005 CURTIS R. LONG Prothonota (Seal) By- !J`r P. Deputy REQUESTING PARTY: Name ROBERT E. CHERWONY, ESQUIRE Address: 1311 SPRUCE STREET PHILADELPHIA PA 19107 Attorney for: PLAINTIFF Telephone: 215-546-5100 Supreme Court ID No. 17623 06/10/2005 08:54 2157323468 KRAFT&KRAFT PAGE 02/03 FEDERAL EXPRESS CORP. VS. STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION and COMMERCE BANK Garnishee COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION AT LAW No. 99-4651 INIERROGATO RIE IN ATTACHMEN'T' TO: COMMERCE BANK, garnishee(s) Your are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable the m) any money or or any ere liable to lle him (her, O other thewritten m) for any reason? did he (she, they) claim that you owe him 2. At the time you were served or at any subsequent time there in your possession custody or control or in the joint possession, custody or control for yourself and oneormore persons any property of any nature owned solely or in part by the defendant(s)? If so, how much? t 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) pLln which defendant(s) held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? N 0 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person place pursuant to your direction or conspgt(r??d what was the consideration therefor? 6. At any time after you were served did you pay, trar3f'er or deliver any money or property to the defendant(s) or to any person or place pursuant to his (her, their) direction or otherwise discharge any claim of the defendant(s) against you? d 0 Date Job C ire Attorney for Plaintiff t:cirmmeroe Bm* Levy Dept. 1-873tl 937.0004 A SEMON OF OUR RECORDS INDICATIS THE FOLLCWYINfit NO AWWNTS _.., NEED MORE W NO FUNDS ? CMARER COPY (D - ( L-[ - 01,, _ 7. i LU N U X03 M1 FEDERAL EXPRESS CORP. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. CIVIL ACTION AT LAW STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION and WAYPOINT BANK, Garnishee No. 99-4651 INTERROGATORIES IN ATTACHMENT TO: WAYPOINT BANK, garnishee(s) Your are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result injudgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to him, (her, them) or any negotiable or other written instrument, or did he (she, they) claim that you owe him (her, them) any money or were liable to him (her, them) for any reason? No 2. At the time you were served or at any subsequent time there in your possession custody or control or in the joint possession, custody or control for yourself and one or more persons any property of any nature owned solely or in part by the defendant(s)? If so, how much? Yes-See Attached 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? No 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person place pursuant to your direction or consent and what was the consideration therefor? No 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his (her, their) direction or otherwise discharge any claim of the defendant(s) against you? No Date e IertR6 4Che on y, squire Z Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-4651 FEDERAL EXPRESS CORP. P. 0. Box 727 Memphis, TN 38194-5712 VS. STEPHANIE BAKER i/t/a BAKER PERFORMANCE and BAKER CARBURETION 6354 Brand Lane Mechanicsburg, PA 17050 and WAYPOINT BANK 397 Baltimore Pike Shippensburg, PA 17257 INTERROGATORIES IN ATTACHMENT To the within named Garnishee: Take notice that you are required to answer the within Interrogatories within twenty (20) days after service the eof up u. ------------ --- ---- ----- --------------- R bert E. Cherwony, Esquire Attorneys for Plaintiff KRAFT & KRAFT, P.C. 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 r ANSWER TO INTERROGATORIES Account # 1681722208 Balance $ 1,515.25 Account Holder: Baker Carburetion 6354 Brandy Lane Mechanicsburg, PA 17050-2832 Account # 0571110061 Balance $ 4,961.71 Account Holder: Baker Carburetion 6354 Brandy Lane Mechanicsburg, PA 17050-2832 VERIFICATION I, Debbie Lewis, OAG Specialist III of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: Timothy J. Cooney OAG Team Leader r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Federal Express Corp. Vs. Stephanie Baker i/t/a Baker Performance and Baker Carburetion CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: Robert E. Cherwony, Esquire Kraft & Kraft 1311 Spruce Street Philadelphia, PA 19107 Service by certified mail addressed as follows: Baker Carburetion 6354 Brandy Lane Mechanicsburg, PA 17050-2832 Signs AreoPon Filing Timothy J. Cooney, OAG Team Leader Sovereign Bank MAI M133-02-10 2 Morrissey Boulevard Boston, MA 02125 June 24, 2005 N ti s c N :, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION FEDERAL EXPRESS CORP. Plaintiff(s), vs. STEPHANIE BAKER I/TIA BAKER PERFORMANCE AND BAKER CARBURETION Defendant(s), VS. CITIZENS BANK OF PA, Garnishee. No. 99-4651 Praecipe for Appearance Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of PA Counsel of Record for this Party: Nicholas Deenis, Esquire PA I. D. No. 62378 Stradley, Ronon, Stevens 8 Young, LLP 2 Commerce Square 2001 Market Street Suite 600 Philadelphia, PA 19103 (215)-564-8142 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION PRAECIPE TO: Office of the Prothonotary One Courthouse Square Courthouse Carlisle, PA 17013-3387 Sir: Kindly enter my appearance on behalf of Garnishee, Citizens Bank of PA ,moo /rY elt Nic as Deenis, Esquire Stradley, Ronon, Stevens & Young, LLP 2600 One Commerce Square Philadelphia, PA 19103 Certificate of Service I, Nicholas Deenis, hereby certify that a true and correct copy of this Praecipe for Appearance has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this _Z? day of .2005. ROBERT E. CHERWONY, ESQUIRE 1311 SPRUCE STREET PHILADELPHIA PA 19107 STEPHANIE BAKER - BAKER PERFORMANCE AND BAKER CARBURETION 2 l? Nicholas Deenis, Esquire ). _ Cl) U ?t.. u W S U ? U