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HomeMy WebLinkAbout99-05839.? f ;?a ;,F _:? :.?? ?. ,?. r ?? . GENIE TRUCKING LINE, INC. and G. KENNETH BISHOP, Plaintiffs, vs. NORMAN C. LIGHTNER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 5739 CIVIL TERM 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. 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, PA 17013 (717) 249-3166 GENIE TRUCKING LINE, INC. and IN THE COURT OF COMMON PLEAS OF G. KENNETH BISHOP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, VS. CIVIL ACTION - LAW NORMAN C. LIGHTNER, NO. 99 - Ti 319 CIVIL TERM Defendant. COMPLAINT AND NOW, comes GENIE TRUCKING LINE, INC. and G. KENNETH BISHOP, Plaintiffs, by and through their attorneys, FLOWER, FLOWER & LINDSAY, and state as follows: 1. Plaintiff is GENIE TRUCKING LINE, INC., a trucking company with offices at 221 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Plaintiff is G. KENNETH BISHOP, an adult individual, residing at 624 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 17013. 3. Defendant is NORMAN C. LIGHTNER, an adult individual, residing at 5368 Philadelphia Avenue, Lot #53, Chambersburg, Franklin County, Pennsylvania, 17201. 4. Defendant was an independent contractor, contracting with Plaintiff GENIE TRUCKING LINE, INC. 5. In the course of their contracting relationship, Defendant borrowed money from the Financial Trust Company, which borrowing was formalized by a promissory note, a true and correct copy which is attached hereto as Exhibit "A", which loan was guaranteed by G. KENNETH BISHOP. 2 6. The Defendant, NORMAN C. LIGHTNER,defaulted upon said loan on or about March 20, 1999, Plaintiff G. KENNETH BISHOP became liable to pay said loan on the guarantee, and has assumed the obligation for payment of said loan, payments being made on behalf of G. KENNETH BISHOP by GENIE TRUCKING LINE, INC., in the amount of Thirty Thousand Five Hundred Ninety and 13/100 ($30,590.13) Dollars. 7. Plaintiff is entitled to reimbursement from Defendant for a first quarter IFTA paid on Defendant's behalf in the amount of One Hundred Fifty Eight and 09/100 ($158.09) Dollars. 8. After demand, Defendant has failed to repay Plaintiffs for the aforesaid obligation. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of Thirty Thousand Seven Hundred Forty Eight and 22/100 ($30,748.22) Dollars, plus interest and costs. FLOWER, FLOWER & LINDSAY Attorneys for the Plaintiff James D. Flower, Ji 11 East High Street Carlisle, PA 17013 (717) 243-5513 I.D. #27742 VERIFICATION I, G. KENNETH BISHOP, PRESIDENT Gi= GENIE TRUCKING LINES, INC., hereby verify that the statements made in the within instrument 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 4904, relating to unsworn falsification to authorities. GENIE TRUCKING LINE, I By it 7r4' J Kenneth ishop, Presid nt Date: 91a/ AN 4 a T w 4 77 f. n N r i i i S M N 0 µ T NOTE AND SECURITY AGREEMENT,Dated DECEMBER 18 tNUAL FINANCE Amount Flnancc °RCENTAQE CHARGE The amount of credit E The dollar amount the provided to you on WE of Your Credit credit will cost you. Your behalf. a yearly rate. 10.500065 6,293.12 s 27,400.00 1998 NOTICE: If chocked I-I tat of Payments amount you will have paid r yyou have made all otluled payments. Your PSYment Schedule will be Number of nta Amount of Peyme P77"' When Payments Are [),a 701 B4 I... ginning Illy) You __._ _ . S ere owing a security inereel In. ? Iho geode or property being plechesed. ? (tin, description of other propeny) 33,693.12 e moans an estimate) January 2Q,_iv99_J Filling Few $ 4paymenN Dhat,a rgel II525.00 s pabut in ymennt Is not made within 15 days of its due data, you will be charged the leaser of 3% of the , o event will the tale charge be lose than $10.00. Prepayment: II you pay on early. You will not have to pay a penalty, Sao your centred documents for any additional information about nonpayment, default, any required repayment in All billora the afhedUled dale, and Prepayment refunds and n,naNiun 5 27,400.00 Amount Financed s 27,_4 Amount given to you di s ... 9,_927.57 Amounl paid -w yew er s 17,472,_43 _ Amount Paid tP_4thpo qn y to public officials to insurance company The Annual Percentage Rele. Amount Financed and Payment Schedule shown above ere pert of this Note and Security Agreement (which Is called the 'Note,). Your we the Panen (Or pesonQ who signs as Borewer' or -Co-Signer- below. It more than nne person signs below, red' of you will be liable, aepealely and together, for all of Your promises In this Note. YOU PROMISE TO PAY TO US: Financial Trust Company 1415 Ritner Highway T yy Carlisle, PA 17013 Or to the A nterest as rovided the numb monthl In the Payment SOh tluls. Paymeents are dunmount beginning On the) dale Indicated inhthe Payment Schedule nand on theframe day o each tollming monthylmavm lll we men p? M AIL You may pay in advance all or pan of the balance due at any time without penalty or premium. NOTICE ewumy Agreement: As security for the, prompt payment of the aunt, you owe ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS end the proper performance of your pomises in this Note, you and all the SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE Co•Owcera' signing below grant us: (1) a Security Interest In the following personal property, and its equipment and DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS acceeaorles. OR SERVICES OBTAINED PURSUANT HERETO OR WITH I. UNSECURED THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE 2. DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE 3, DEBTOR HEREUNDER. HOW EST 18 The Finan Char 4, ifrlpas d INTERY en Me WHelengd p to once ofcthe Amount Fin FIRM M tlplla lnAmeN Percenta0e Rete. The Finance Cheryya shown above wee Opured by assuming plat Fell payments were rece7I ad on IIt due dates. If any payment is Into. You must ' Go Our security interest includes pane, called 'acceswor added to the personal Jaya opey early gOiaeRnu cene Chet,p cob be lees. Theaem louenit of tthes Increasee or polhod. property at any later lime. decrease In Finance Charge will be due with the last payment which will be (II) a Mortgage upon bid ad to reflect the equal amount an qua. 8ET-0FF: Th e few gives u9 a right of III In any pl your property in our All the prop which secures this Note is celled the 'Collateral.' Our rights end poseeselen el any [Imp. Including deppalt eccgmte. Thla im If you your respty enelb titles rwherdin de1Wl1, wt, may exercise our right of set-off and apply any of your property In our Sean q reement ep g en Y Personal property Collateral we provided In this po......on, Including depoall eccgqlumo?Ia, la INa Gams You Owe aft this We. ich continues on the reveres side. Our rights in any real FLOOD INSURANCE: II chergedt_I , ineurence Ie required e0einat flood dam e property L?bilateral we contained in the Mortgage. At your expense, you will to improved real property ot mehiI. home Collateral . w cooperals and loln with us in signing and hlinp documents and in taking and y P ROPERTY INSURANCE: If this Note is secured, Insurance p einal physical other steps wis ch we deem necessary to pe acts maintain perleclion of. an yy eeq our security Interest In the Collateral. damage to the Coilatoral not in our poeaeaelen is required for the NII term of this IF N REAL OR PERSONAL PROPERTY IS IDENTIFIED ABOVE, THIS NOTE IS FLOOD INSURANCE AND PROPERTY INSURANCE MAY BE OBTAINED THROUGH UNSECURED. ANY AGENT, BROKER OR OTHER PERSON OF YOUR CHOICE. Sao Insurance In Section 2.4 of the Security Agreement on the reverse side. CREDN INSURANCE 18 NOT REQUIRED: Subject to acceptance by the insurer named below, credit Insurance Is available through us for the tam) of this Note at the cost(") Mown below. Single Credit Life and Single Credit Accident A Health Insurance and Single Credit Involuntary Unemployment Insurance are available to any one Borrower signing for Insurance below. Joint Credit Lila Insurance is available to both Borrowers signing for such insurance below. No credit Insurance will be provided unless the appropriate statement(s) 1" signed by the Borrower(s) to be insured and the costa shown below, we included in the Amount Financed. By signing. you went Single Credit By signing, you want Single Credit By signing, you want Single Credit By signing, you both want Joint Credit Life Ufa Insurance, which at. S Wt Involuntary Unemployment Insurance, Accident 5 Health Insurance, which Insurance, which coals S which sale $H /A cote s N/A N/A what ages? your egesa 9lgnalure of Borrower to be - --- --- I- 41 vewe Insured ,or Single Credit bee Signature of Borrower to be insured for Signature of Borrower to be insured Inewence Single Involuntary Unemployment for Single Credit Accident E Health 2.- Yours Insurance Insurance Signatures of both Borrowers to be Insured What Is your ape? 41 Years What I9 your ego? 41 Years for Joint Credit Life Insurance Insurer. UNION SECURITY LIFE INSURANCE COMPAN and AMERICAN SECURITY INSURANCE COMPANY, Wllminpton, Delaware ___ _____ ._.____.______ __.__.__ _._._-_____. THE ADDITIONAL TFj1 AND SECURITY AGREEMENT ON PAGE 2A OF 2A ARE PART OF THIS NOTE. BY SIGNING BELQW YOU INTEND TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS NOTE. YOU' O ACKNOWLEDGE RECEIVING A COMPLETED COPY OF THIS NOTE. (SEAL) &LMI_L.L_SIREET .MLN44LY SPRINR?• PA 17as5 Borrower'E Signs le NORM L ER Borrower's slue rSFAI ^I rases NOTICE TO CO-SIONEN You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to. N sure you can afford to pay If you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt If the Borrower does not pay. You may also have to pay Into to" or Collection costs, which Increase this amount The Creditor can collect this debt from you without first trying to colisot from the Borrower. The Creditor can use the Sams c;oIWIon methods spinet you that can be used against the Borrower, such as suing you, eta If this debt Is ever In defsuit, that fact may become a pen of your croft record. CO-SIGNER'S SURETY AGREEMENT: You, the person (or persona) siymnp as 'Cd•Sipner' below, promise to pay to us, or to Wr order, the Amount Financed. plus Interest and other cheroes, as pr ed In th etas You lend to be ego ly bound by all the terms of this Nola, sworotply and together. with the Borrower. You we making this prom) a-% Induce to t o 1 Borrower, Avon though the proceeds will be used calyy for the Borrower's benefit. You agree that we may seek Immediate eymer? if w withm I any for demand for payment upon the Borrower. You also acknoxlad0e receiving a completed copy of this Note. // K! Co-signer's Signal ro KENN TH SHOP Address -- Date Co-Signer 'e Signature (((??/JJJ/// Date SECURITY AGREEMENT: You, the person signing as 'Co-Owner* below, together with the Borrower or otherwise being all of the owners of the Colatersl, x rent us a security Interest in the Collateral Identified above. If the Collateral consists of personal pproparly, you agree to be bound by the tonne of the Security graoment contained In this Note. If the Collateral consists of reel property, you agree to be bound by the tonne of the Mortgage. You are granting us this sacurily Interest to Induce us to make the loan to the Borrower end to secure the payment by the Borrower of all sMdu@defsull end safe of the Collateral, there remains any sum still due us en the Note, you will nor be oblim led to pay us that sum. CO.Owner's Signeue Address at6 e NOTICE: SEE 2A OF 2A FOR IMPORTANT INFORMA u OF 2A (BOrrouer•1 copy/lender-Original) ORM(A) I NOTE2F,113i 33040120017 RETURNED CHECK CHARGE ADDITIONAL TERMS , . If you send us a check or other item in payment of sums you owe on Ibis Note and that item is returned unpaid for any reason, we will Impose a Return Item Fee of $15.1X1. DEFAULT: The following arc each "Defaults': (1) You fail to make any payment to us on or before the day it comes due; (Ii) You provide us with fain information or signatures at any time; (Iii) You die or become legally incompetent; (Iv) You do not promptly and properly Perform any of your promises to obligations in this Now. the Security Agreement, die Mortgage' ortgage or in any other note or agreement you now or later have with us; (v) You cannot pay any of your debts as they conic due; (vi) The Collateral is lost, stolen, damaged or destroyed; (Vii) The Collateral is sold, transferred, leased, given or delivered, in whole or In pan, to a person who is not a parry to the Security Agreement or Mortgage; (VIII) Proceedings arc begun under the Bankruptcy Cale by or against you; (u) Any Judgment is entered of record against you; or (x) Any of your property is attached or subject to being forfeited. DEFAULT AND REQUIRED PAYMENT IN FULL: If any Default occur, we may, if we choose, 'accelerate' the maturity of this Note. This means we may declare the cadre remaining unpaid balance of the Amount Financed and earned interest to be immediately due and payable. However. If this Note Is secured by a Mortgage on residential real property Collateral, if required by law, we will first send you a timely notice of The Default, advising you of your right to cure the Default and of our intention to take action if you do not cure within the time period provided in our notice. If we file an action to collect amounts in Default, you also agree to pay all of our court costs and our reasonable attorneys' fees of 20% of the amount due. Our right m collect attorneys' fees may be limited during any cure period provided by law. We will continue to impose interest daily on all sums owed to us at the rate provided in this Note until we receive payment in full, even if we have obtained judgment against you. LATE CHARGE: You agree to pay a late charge of the lesser of $25.IXL or 3% of the payment amount. If any payment is not made within 15 days of its due date. In ran event will the late charge be less than $10.00. No late charge will be due if the reason the payment is late is a continuing delinquency can a prior payment or because, after default. The entire outstanding balance became due. MULTIPLE PARTIES: If there is more than one Borrower on this Note, or one or more Co-Signers, all of your obligation shall be primary. Each of you will be liable, separately and together, for all of your promises in this Note. SECURITY NORMAN C LIGHTNER WAIVER: If we declare the unpaid balance of the Note and earned interest to be immediately due and payable, you waive your rights to require us to do certain things. Those things are: (0 to demand payment of amounts due (known as 'presentment'); (ii) to give notice that amounts due have not been paid (known as 'notice of dishonor'); and (iii) to obtain an official certification of nonpayment (known as 'protest'). We waive the right to teat any prupeny other than the Collateral as security for this Note. A waiver of any other of our rights under this Note will nul be effective unless it is in a signed writing. NO NOTICE OR LOSS OF RIGHTS: We can do any of the following without telling you tar losing any rights against you or the Collateral: nil accept a check or other other marked 'paid in fall' or with similar language as a partial payment under this Note; (ii) give additional time for payment m' any amount owing under this Note; (iii) exercise, give up or delay exercising any right against any person or property; (Iv) add or release any penon or property obligated under this Note; or Iv) fail to protect or enforce our Interest to any of the Collateral. RISK OF LOSS: You will remain hound by this Note even if the Collateral is lost, stolen, damaged or destroyed. BENEFIT AND BURDEN: All the benefits of this Note shall favor us, our successors and assigns. The obligations shall bind you, and your heirs, personal representatives and assigns. NOTICES: Unless otherwise required by law, each demand or notice under this Note shall be delivered or sent by regular mail, addressed to the party of its address as provided in this Note. Either party may change its address by giving such a notice to the other parry. Reasonable notice, when notice is required, shall be deemed to be 10 days. WARRANTIES AND REPRESENTATIONS: You warrant and represent that the (Collateral) funds are obtained and will be used in connection with lawful activities, pursuits, endeavors, ventures or businesses, and you will not use the funds (Collateral) to violate any law that could result in forfeiture proceedings being instituted. You agree to promptly inform us of any proposed proceedings or actual proceeding which would subject the (Collateral) Ponds to forfeiture to any governmental body. LAW: This Note will be governed by the laws of the Commonwealth of Pennsylvania, unless federal laws apply, AGREEMENT SECTION 1. LOAN AND COLLATERAL. When you sign this Note and deliver it to us, and complete the other required details, we will make a loan w you. This Security Agreement applies only to personal property described all Collateral on the front side of this Note. As used in the following Sections of this Security Agreement, 'you' also includes any Co-Owner of the Collateral. SECTION 2. YOUR OTHER AGREEMENTS. 2.1 OWN, SELL, ETC. You own the Collateral free and clear of all lien and security interests. You will not sell, consl'er, lease, give, deliver or otherwise dispose of the Collateral, in whole or in pan, to any person who is not a party to this Security Agreement. You will not permit any lien or security interest to be obtained on the Collateral other than ours. 2.2 MAINTAINING THE COLLATERAL. At your cost, you will maintain the Collateral in good condition and repair. You will preserve it against loss or dame a You will II provided in this Note. If you fail to honor your promises to maintain inumme in effect, Of to pay filing fees, taxes or the costs necessary to keep the Collateral in good condition and repair, we may, if we alone choose, advance any sums you promised to pay and obtain replacement insurance. However, any replacement insurance we obtain to cover loss or damage to the Collateral may be limited to an amount not greater that, what you owe on this Note. Any amount we advance on your behalf will be added to the balance on which we impose Finance Charges at the Annual Percentage Rate of this Note and may be repayable: (it immediately upon demand; (ti) along with your monthly payments; or (iii) at the end of the Note, as we alone may specify. Our payments on your behalf will not cure your failure to perform your promises in this Security Agreement. 2.7 INSPECTION. You will permit us to inspect the Collateral at any 8 • pay a taxes anJ other charges on the Collateral. You reasonable time. will not can the collateral illegally or for hire. 2.3 DEPOSIT ACCOUNTS. If the Collateral consists of a deposit account or certlficale of deposit, we may refuse to allow you to close the account or withdraw any sums from it. If the deposit account or certificate of deposit matures while the Nom remains unpaid, we will automatically renew the deposit for tie same time period, as provided in the deposit agreement, unless you and we agree that the deposit should be renewed can other (emu. The renewal deposit shall be Collateral subject to this Security Agreement. 2.4 INSURANCE. While any sums arc owed on this Note, you will carry insurance on any Collateral which is not in our possession against fire, theft and other casually. The policy must contain a deductible clause and be in an amount and with an imurer that are satisfactory aft us. The policy must unit us as the 'loss-payee.' The policy must provide that any loss is to he payable to you and to us as our interests appear. It must also provide that we be given not lea than 10 days prior written Police of any cancellation or reduction in coverage for any reason. Upon request, you shall deliver the policies, certificates or other evidence of insurance bs us. In the event of any loss or damage to the Collateral, you will iamnediataly nutty us in writing and file a proof of loss with the imurer. We may rile a proof of loss on your behalf if you fail or refuse to do so. We may also sign your name to any check, draft or other order for the payment of insurance proceeds its the event of loss or damage to the Collateral. If it is economically feasible, in our judgment. we will apply the insurance proceeds to repair or replace the Collateral. Otherwise, we will apply the proceeds to reduce the suns you owe on this Note. 2.5 NOTING OUR SECURITY INTEREST. If a certiticate of title is issued for the Collateral, you will assist us in having our security interest noted on the certificate of title. 2.6 YOUR AUTHORITY TO US, If you fail to do what is required of you by Sections 2.2, 2.4 and 2.5, we may if we choose, perform your obligations and pay such costs and expenses. We will add the amounts we advance to the sums the Borrower owes on this Note, on which we impose interest as SECTION 3. NO LOSS OF RIGHTS. The Note and this Security Agreement may be negotiated, assigned, extended or renewed by us without releasing any of you or the Collateral. We may add or release any person or property obligated under the Nom and this Security Agreement without losing our rights in the Collateral. SECTION 4. DEFAULT. A Default under the Note will be a Default under this Security Agreement. In addition to all the rights and remedies of a secured party upon default which are provided under the Uniform Commercial Code, upon our declaring die Note to be immediately due and payable: 4.1 APPLICATION OF DEPOSITS. We may apply any deposits included in the Collateral against the sums the Borrower owes on this Note. If the Collateral consists of a time deposit or certificate of deposit, we may terminate the deposit before maturity in order to realize oh; the Collateral. If we terminate the deposit, the contact of deposit or applicable law may require that we impose substantial penalties for the early withdrawal. 4.2 SURRENDER OF COLLATERAL. We may require you to surrender the Collateral to us at a reasonably comunhen; place we deilgoate. 4.3 PEACEFUL REPOSSESSION. If you don't surrender the Collateral to us, we may take possession of it, with or without legal process, in accordance with law. You authorize us bit peaceably enter upon any premises where the Collateral may be located for the purpose of taking possession and removing it. 4.4 EXPENSES OF REPOSSESSION AND STORAGE. We may charge you our reasonable expenses in repossessing, transporting, repairing, sloring and selling the Collateral so long as they are allowed by law. 4.5 SALE OF COLLATERAL. We may sell, assign or deliver the Collateral at one or more public or private sales. We will give you reasonable notice of die time and place of sale. We may purchase the Collateral at that sale, free of any equitable or legal right or claim you may have in the Collateral. We will apply the proceeds of sale first it, our expenses and then to the sums the Borrower awes on this Note. We will pay any surplus to you. If a sum is still owed to us, the Burrower and Co-Signer must pay it to us. NOTICE: SEE IA OF 2A FOR IMPORTANT INFORMATION 2A OF 2A UNIFORM(R)I NOIEIBala4ar SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05839 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENIE TRUCKING LINE INC ET AL VS. LIGHTNER NORMAN C 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: LIGHTNER NORMAN C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On October 11th, 1999 , this office was in receipt of the attached return from FRANKLIN County, Pennsylvania. Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 8.00 Dep. Franklin Co 26.64 $b.L . b Sworn and subscribed to before me this it u day of OIZL _ 19Qq A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania Genie Trucking Line, Inc., et. al. VS. Norman C. Lightner No.99-5839 Civil Now, 9/23/99 19_ 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 Pfai_ntiff./r ??// ?? -/ ZLO Sheriff of Cumbe and County, PA Affidavit of Service Now, 19_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this _ day of , 19 MILEAGE AFFIDAVIT SHERIFF'S OFFICE ?., 157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-3877 ------------------ SHERIFF SERVICE I INSTRUCTIONS FOR SERVICE OF PROCESS. Please type or print' PROCESS RECEIPT, and AFFIDAVIT OF RETURN legibly. Do not detach any copies. 1. PLAINTIFF/ S/ GENIE TRUCKING LINE, INC 4. SERVE 0 5. NORMAN C LIGHTNER _______ 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) CORPORATION, ETC., TO BE LEVIED, 7. INDICATE UNUSUAL SERVICE: O COMMON OF PA.0 DEPUTIZE ? OTHER Now, 19 I, 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. S,IEFIEF OF iflµRl111 CCUNiY 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 the part of such deputy or the sheriff to any plaintiff herein for any loss destruction or removal of an such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE CUMBERLAND m. MCNIJ Nvuce Ur sENVR:E curt w NAME AND ADDRESS BELOW: (This area must be completed If notice is to be moiled) 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 i I TURE of Aut 0 De uty or jerk and Title 14. Date Received 15. ExpiratioNHearing date or complaint as indicated above. 9-27-99 10-25-99 16. 1 hereby CERTIFY and RETURN th 10 av are ally served, ? have legal evidence of service as shown in 'Remarks', ? have executed as shown in 'Remarks', the writ or complaint described n t individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted bolo y handling a TRUE and ATTESTED COPY thereof. 17.13 1 hereby certify and return a NOT FOUND because I am unable to locate tho individual, company, corporation, etc., named above, (See remarks below) 18. Name and title of individual served (if not shown above) 19. A parson of suitable age and discretion than LTnnuasv , residing in the defendants usual place of zu. Access of where served (complete only it different than shown above) (Street or RFD, Apartment No., 21. Date of Servke 22. Time AM City, Boro, Twp. State and Zip Code) PM SHERIFF'S OFFICE 10-1-99 12:25PM EST 23. ATTEMPTS Date Mlles Dep. int. Date Miles Dep. int. Date Miles Dap. int. Dete Mlles Dep. Int. Date Mlles Dep. Int. 9/3(Y ih _ 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mileage or Postage 28. Total Costs 29. COST DUE OR REFUND 31 37. subscribed to before me this 3251 m1i ad- -0.110 end "°r" 10-4-99 1 193 AURIE_-A-ETTER_. 35 59nalum of Shard 3a. Data SHERIFF OF FRANKLIN COUNTY __- ETURN SI NATURE 1 as Date n1,ao,Yaa Mvte®_PubeC _ f FCSO - IIa _., __... ___._..-_...-_....... c 'a a, I 1. ISSUING AUTHORITY Genie Trucking Line, Inc. (Praecipe) GENIE TRUCKING LINE, INC. and G. KENNETH BISHOP, Plaintiffs, VS. NORMAN C. LIGHTNER, Defendant, TO THE PROTHONOTARY: 11/02/99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5839 CIVIL TERM PRAECIPE Please enter judgment in favor the Plaintiff and against the Defendant, NORMAN C. LIGHTNER, in the amount of Thirty Thousand Seven Hundred Forty Eight and 22/100 ($30,748.22) Dollars, with interest thereon from March 20, 1999, and costs, for failure to file an Answer after service of the Complaint. I hereby certify that written notice of intention to file this Praecipe was mailed to the Defendant at least ten (10) days prior to the date hereof, a copy of which is attached hereto. FLOWER, FLOWER & LINDSAY Attorneys for the Plaintiffs Date: November 2-, 1999 sy James D. Flower, Jr., Esquire 11 East High Street Carlisle, PA 17013 (717) 243-5513 I.D. #27742 GENIE TRUCKING LINE, INC. and G. KENNETH BISHOP, Plaintiff, vs. NORMAN C. LIGHTNER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5839 CIVIL TERM IMPORTANT NOTICE TO: NORMAN C. LIGHTNER, Defendant 5368 Philadelphia Avenue, Lot 53 Chambersburg, PA 17201 October 22, 1999 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 FLOWER, FLOWER & LINDSAY By James D. Flower, Jr. Attorney for the Plaintiff 11 East High Street Carlisle, PA 17013 GENIE TRUCKING LINE, INC. and G. KENNETH BISHOP, Plaintiff, VS. NORMAN C. LIGHTNER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5839 CIVIL TERM CERTIFICATE OF SERVICE I, JAMES D. FLOWER, JR, do hereby certify that in accordance with Pa.R.C.P. Section 237.1, 1 have this date mailed to Norman C. Lightner, the Defendant in the above captioned action, Notice that unless they take action within ten (10) days, a default judgment will be entered against them. FLOWER, FLOWER & LINDSAY Date: October 22, 1999 ttomey for the Plaintiff 1 East High Street Carlisle, PA 17013 I. D. #27742 6. i? a d J p Lu C? U 1?. L? ?r. LLI ?' y.: O V v L ?- 6\ 1 J C: LJ Ra rn ??