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Home My WebLink About99-05262 .S C.1 v k7 OL t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. MICHAEL CANNADY, CIVIL ACTION-LAW T/A LAKESIDE QUIK STOP Plaintiff V. MICHAEL WEBSTER CANNADY and NATHAN MATTHEW FLOHR Defendants NO.: 99-5262 Civil PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS MICHAEL WEBSTER CANNADY AND NATHAN MATTHEW FLOHR PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter Default Judgment in favor of the Plaintiff, J. Michael Cannady, T/A Lakeside Quik Stop, and against Defendants Michael Webster Cannady and Nathan Matthew Flohr for failure to plead to the Complaint in this Action within the required time. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. The Defendant Cannady was served with the Complaint by the sheriff on September 2, 1999 and his answer was due to be filed on or before September 22, 1999. To date, Defendant Cannady has not filed or served an answer to Plaintiffs Complaint. The Defendant Flohr was served with the Complaint by the sheriff on September 1, 1999 and his answer was due to be filed on or before September 21, 1999. To date, Defendant Flohr has not filed or served an answer to Plaintiffs Complaint. Please assess damages and enter Judgment against both Defendants, jointly and severally, in the following amount, being the amount demanded in the Complaint: Amount of Debt as stated in Complaint Interest from September 1, 1998 Balance as of October 12, 1999 $3,137.00 $ 211.75 $3,348.75 I certify that a written notice of intention to file this Praecipe was mailed to the Defendants after the date default occurred and at least ten days prior to the date of the filing of this Praecipe. Copies of said Important Notices are attached hereto as Exhibits A and B respectively. LAW OFFICE OF ROBERT P. REED Dated: /,? . /.2 - y BY: Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's I.D. No. 15624 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. MICHAEL CANNADY, CIVIL ACTION - LAW T/A LAKESIDE QUIK STOP Plaintiff V. NO.: 99-5262 Civil MICHAEL WEBSTER CANNADY and NATHAN MATTHEW FLOHR Defendants PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT NATHAN MATTHEW FLOHR TO: Nathan Matthew Flohr c/o Cumberland County Prison Clarement Road Carlisle, PA 17013 DATE OF NOTICE: September 23, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717 249-3166 THE LAW OFFICE OF ROBERT P. REED BY: Wo.t-7 Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's I.D. No. 15624 Dated: ?3" `? 9 CERTIFICATE OF SERVICE AND NOW on thisr ay of September, 1999 I Robert P. Reed, Esquire, hereby certify that I served the within Praecipe for Entry of Default Judgment this day by depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania, addressed to: Nathan Matthew Flohr c/o Cumberland County Prison Claremont Road Carlisle, PA 17013 LAW OFFICE OF ROBERT P. REED BY:`/ Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's I.D. No. 15624 EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. MICHAEL CANNADY, CIVIL ACTION - LAW T/A LAKESIDE QUIK STOP Plaintiff V. MICHAEL WEBSTER CANNADY and NATHAN MATTHEW FLOHR Defendants NO.: 99-5262 Civil PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT MICHAEL WEBSTER CANNADY TO: Michael Webster Cannady 45 North Broad Street Waynesboro, PA 17268 DATE OF NOTICE: September 23, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717 249-3166 THE LAW OFFICE OF ROBERT P. REED BY: n -- Robert P, Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909.6637 Attorney's I.D. No. 15624 Dated: f -,e% - 9f CERTIFICATE OF SERVICE AND NOW on this gjj4day of September, 1999 I Robert P. Reed, Esquire, hereby certify that I served the within Praecipe for Entry of Default Judgment this day by depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania, addressed to: Michael Webster Cannady 45 North Broad Street Waynesboro, PA 17268 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's I.D. No. 15624 CERTIFICATE OF SERVICE AND NOW on this/ day of October, 1999 I Robert P. Reed, Esquire, hereby certify that I served the within Praecipe for Entry of Default Judgment this day by depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania, addressed to: Michael Webster Cannady 45 North Broad Street Waynesboro, PA 17268 Nathan Matthew Flohr c/o Cumberland County Prison Claremont Road Carlisle, PA 17013 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's I.D. No 15624 r? -C? cli AN? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. MICHAEL CANNADY, T/A LAKESIDE QUIK STOP Plaintiff V. MICHAEL WEBSTER CANNADY and NATHAN MATTHEW FLOHR Defendants CIVIL ACTION-LAW NO.: NOTICE TO PLEAD 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 of 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717 249-3166 THE LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's I.D. No. 15624 Dated: d7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. MICHAEL CANNADY, CIVIL ACTION-LAW T/A LAKESIDE QUIK STOP Plaintiff V. MICHAEL WEBSTER CANNADY and NATHAN MATTHEW FLOHR Defendants NO.: y'9- Y1 G .Z (?,?U 7-0^- COMPLAINT AND NOW, comes the Plaintiff by his attorney, Robert P. Reed, Esquire, and presents the following: 1. Plaintiff, J. Michael Cannady, is an adult individual trading as Lakeside Quik Stop, with an address of 101 West First Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant, Michael Webster Cannady, is an adult individual residing at 45 North Broad Street, Waynesboro, Franklin County, Pennsylvania. 3. Defendant, Nathan Matthew Flohr, is an adult individual residing at 208 Park Street, Waynesboro, Franklin County, Pennsylvania. 4. The events and occurrences hereinafter related took place at or about September 1, 1998, at the Plaintiffs place of business, Lakeside Quik Stop, 101 West First Street, Boiling Springs, Cumberland County, Pennsyvania. 5. On or about September 1, 1998, while Lakeside Quik Stop was closed for business, the Defendants, jointly and severally, gained entry to the premises and removed therefrom the sum of $2,237 in cash from a drop safe, and a surveillance camera of a value of $1,050. The total value of the property removed from the Plaintiff's premises was therefore $3,287. 6. Following their apprehension, the Defendants pled guilty to charges involving the unlawful entry to the Plaintiffs premises and the removal of the property therefrom, for which offences they were given sentences including payment of restitution. 7. As of the date of the filing of this Complaint, restitution has not been made in full by the Defendants. 8. By reason of the conduct of the Defendants, jointly and severally, Plaintiff has been deprived of his lawful property and is entitled to the repayment by the Defendants of the sum of $3,287 together with interest at the lawful rate from September 1, 1998. 9. Defendants are entitled to a credit for restitution made under the sentence of the Court, which, as of the filing of this complaint, is the sum of $150. WHEREFORE, Plaintiff demands judgment against the Defendants in the sum of $3,137, together with interest from September 1, 1998, and the costs of this action, which sum is within the jurisdictional limits for arbitration in Cumberland County. LAW OFFICE OF ROBERT P. REED BY:_ Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 (717) 909-6637 Attorney's I.D. No. 15624 'ass y Si AY W VERIFICATION I, J. Michael Cannady, Plaintiff, hereby swear or affirm that the facts set forth in the foregoing Complaint are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated:August 24, 1999 C7 C7 C+ 1i. l' Cm U- v r• f. n rn O? _r CJ 'G7 U \? 1Q "P r a? V "V SHERIFF'S RETURN - OUT OF COUNTY CAS$ NO: 1999-05262 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CANNADY J MICHAEL ET AL VS. CANNADY MICHAEL WEBSTER R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: CANNADY MICHAEL WEBSTER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania. to serve the within COMPLAINT On September 10th 1999 this office was in receipt of the attached return from FRANKLIN County, Pennsylvania. Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 R 'ssr. Surcharge 8.00 A? omas ine, 5 eriiiF i DEP. FRANKLIN CO 35.92 $/U.92 ROBERT P. REED 09/10/1999 Sworn and subscribed to before me this iv day of 19.92. A.D. AM- L pp? ono ar r 1 4?5 CASE NO: 1999-05262 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CANNADY J MICHAEL ET AL vs. CANNADY MICHAEL WEBSTER ROBERT L. FINK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon FLOHR NATHAN MATTHEW the defendant, at 15:40 HOURS, on the 1st day of September 1999 at CUMBERLAND COUNTY PRISON CLAREMONT RD. CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to NATHAN MATTHEW FLOHR a true and attested copy of the COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So ans Docketing 6.00 2 Service 3.10 Affidavit .00 Surcharge 8.00 omas ine, eri $.L/..Lu ROBERT P. REED 09/10/1999 by e u y eri Sworn and subscribed t before me this /ulrr" day of 199_ A.D. ?o o &ty SHERIFF'S OFFICE :57`LINC0LN WAY EAST, CHAMBERSBURG. PENNSYLVANIA 17201 (717) 261.3877 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS. Please typ9 or print PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly. Do not detach any copies. J MICHAEL CANNADY MICHAEL WEBSTER CANNADY I COMPLAINT S NOTICE SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. MICHAEL WEBSTER CANNADY ------------- 6. ADDRESS (Street or RFD. Apartment No., City, Bono, Twp., State and ZIP Code) AT 45 NORTH BROAD STREET, WAYNESBORO, PA 17268 7. INDICATE UNUSUAL SERVICE: 0 COMMON OF PA. D DEPUTIZE D OTHER Now, 19 _ , 1, SHERIFF OF FRANKLIN COUNTY, PA., do hereby deputize the Sheriff of _ County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. -- SNEB6E Of FRANKLIN LWNiY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman. in custody of whomever is found in possession. after notifying person of levy or attachment, without liability on 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11, DATE CUMBERLAND COUNTY SHERIFF 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) R THOMAS KLINE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ SI NATURE of Authorized FCSO De uty or Clerk and Title 14. Date Received 15. ExpiratioNHearing date or complaint as indicated above. } _ 8-31-99_ _ 9-27-99 16. 1 hereby CERTIFY and RETURN that 10 ha ers y served[] have egal evidence of service as shown in 'Remarks", O have executed as shown in 'Remarks', the writ or complaint described n the individual, company. corporation, etc., at the address shown above or on the individual, company, corporation, etc.. at the address inserted below by handling a TRUE and ATTESTED COPY thereof. 17. D I hereby certify and return a NOT FOUND because I am unable to locale the individual company corporation, etc.. named above, (See remarks below) 18. Name and title of individual served (it not shown above) 567A ° l sNname age dada scathed than residing 0e defendants usual place of MICHAEL WEBSTER CANNADY anode o 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No_ T210a2t, of Se rvice 22. Time M City, Boro, Twp. State and Zip Code) EST FRANKLIN COUNTY PRISON 99 1:37PM EDST 23. ATTEMPTS Date Miles I Dep. Int.l Date 1 Miles Dep. Int. Date 1 Miles I Dep. Int. Date I MiT28 Dep. Int. Date Miles Dep. InL _ 9/2 34 ?9/2 1 14 1_-_ 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mileage or Postage Total Costs 29. COST Due OR REFUND _ 18.004.00 [ 13.92 35.92 39.08 REFUND 30. REMARKS: SO ANSWE . 31. AFFI MED nd subscribed to before me this , mn m M. Dere - 3 da of SEPVFIS 19 99 6i,-, ° ?" ° IF _ W GAND 9- 299 -35Sgnature of Snann - ae. Date 37. rwr*+, . N.,SHERIFF OF FRANKLIN COUNTY MY CO MISSION EX NOTARIA38.IACKNOWLEDGE RIOIAYHIS RikileftffrMWS NATURE ata Resonned OF AUTHORIZED aAtNarlftf YFAMt91RfOdunty m inn Expires NOV. 4, 2000 FCSO. M96 1. ISSUING AUTHORITY frfi In The Court of Common Pleas of Cumberland County, Pennsylvania J. Michael Cannady t/a Lakeside Quik Stop VS. Michael Webster Cannady NO. 99-5262 Civil Term Now, Aug. 30 19_99, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 19 19_, at o'clock M. served the copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA