HomeMy WebLinkAbout99-05922r
c..
'.>A
J
?I
}
tr
s;a
r?r
?xl
!JA
U
rid; ? Il\J `?
?t crJ r yi Q
cur . h:
fii.-Ji ? ?. Ir ,P 11
IL t? _.
V
N ?
O 1 v V
LLW?"t5W U
a K o w ° °
-Z, lz
a
<W = _ 3°???dm
< C a 6 '/?
o? a a o •--.a K? , a V Z C
Z S
x
DENNIS JOSLIN COMPANY, L.L.C., Assignee of SEAN : IN THE COURT OF COMMON PLEAS
T. M'CARDLE and COMMERCIAL LOAN INVESTORS, CUMBERLAND COUNTY, PENNSYLVANIA
INC.
Plaintiff
V.
: NO. 99- S J,2a CIVIL
LOUCAS GIANNATOS and ANASTASIA GIANNATOS, CIVIL DIVISION -LAW
a/k/a STACEY GIANNATOS
Defendants
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH M THE
FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT
IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU
BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
DENNIS JOSLIN COMPANY, L.L.C., Assignee of SEAN IN THE COURT OF COMMON PLEAS
T. M`CARDLE and COMMERCIAL LOAN INVESTORS, CUMBERLAND COUNTY, PENNSYLVANIA
INC.
Plaintiff
V.
: NO. 99- CIVIL
LOUCAS GIANNATOS and ANASTASIA GIANNATOS, CIVIL DIVISION - LAW
a/k/a STACEY GIANNATOS
Defendants
The Plaintiff, DENNIS JOSLIN COMPANY, L.L.C., Assignee of SEAN T. McCARDLE and COMMERCIAL LOAN
INVESTORS, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to
recover the sum of SEVENTY-FIVE THOUSAND, NINE HUNDRED FIFTEEN DOLLARS AND SIXTY-THREE CENTS
($75,915.63), along with interest thereon at the rate of Nine (9.00%) percent per annum from July 1, 1999, and all costs of this suit, upon
a cause of action of which the following is a statement:
I. The Plaintiff, DENNIS JOSLIN COMPANY, L.L.C., is a corporation organized and existing under the laws of the State
of Tennessee, having its principal office and place of business at 315 West Court, Post Office Box 1168, Dyersburg, Tennessee 38025-
1168.
2. The Defendant, LOUCAS GIANNATOS, is an adult individual with an address of I I I Clearview Drive West, Camp
Hill, Cumberland County, Pennsylvania 17011.
3. The Defendant, ANASTASIA GIANNATOS, is an adult individual with an address of I I I Clearview Drive West, Camp
Hill, Cumberland County, Pennsylvania 17011, and is also known as STACEY GIANNATOS.
4. On or about February 17, 1997, Defendants did execute a Promissory Note, payable to Sean T. McCardle, in the face
amount of Sixty-Six Thousand, Two Hundred Seventy-One Dollars and Fifty Cents ($66,271.50), with interest to be assessed at Nine (9%)
percent per annum. A true and correct copy of said Note is attached hereto, marked as Exhibit "A" and made a part hereof.
F:\USER\BONNI EJO\COMP\WORK\25224. W PD24Sep99
5. On or about February 17, 1997, Defendants did further execute a Security Agreement in favor of Sean T. McCardle, a
true and correct copy of which is attached hereto, marked as Exhibit "B" and made a part hereof.
6. Defendants did have a secured interest in furniture, fixtures and equipment of a restaurant located at 245-247 Hummel
Avenue, Lemoyne, Pennsylvania, in the form of a UCC-1, Financing Statement, which said secured interest was assigned to Sean T.
McCardle. True and correct copies of said UCC-1 and Assignment are attached hereto, marked respectively as Exhibits "C" and "D" and
made a part hereof.
7. On or about February 17, 1997, the aforesaid Sean T. McCardle did assign the Note herein referenced as Exhibit "A"
to Commercial Loan Investors, Inc. A true and correct copy of said assignment is attached hereto, marked as Exhibit "E" and made a part
hereof.
8. On or about February 17, 1997, Commercial Loan Investors, Inc., Assignee of Sean T. McCardle, did assign the Note
herein referenced as Exhibit "A" to Dennis Joslin Company, L.L.C., Plaintiff herein. A true and correct copy of said assignment is attached
hereto, marked as Exhibit "F" and made a part hereof.
9. The principal balance due and owing by Defendants to Plaintiff is the sum of SIXTY-TWO THOUSAND, FOUR
HUNDRED FIFTY-ONE ($62,451.00) DOLLARS.
10. Due to Defendants' default in the payment of the monies due and owing as set forth hereinabove, interest has been added
to said account, through July 1, 1999, pursuant to the terms of the Note, in the amount of NINE THOUSAND, EIGHT HUNDRED
FORTY-NINE DOLLARS AND SIXTY CENTS ($8,949.60).
11. Due to Defendants' default in the payment of the monies due and owing as set forth hereinabove, attomeys' fees have been
added to said account, pursuant to the terns of the Note, in the amount of THREE THOUSAND, SIX HUNDRED FIFTEEN DOLLARS
AND THREE CENTS ($3,615.03).
F:\USER\AONNIEJO\COMP\WORK\25224. W I'D:22Sep99
12. Plaintiff has frequently demanded payment from Defendants of said amount due and owing as aforesaid, but Defendants
have refused and neglected and still refuse and neglect to pay said amount of any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of SEVENTY-FIVE THOUSAND, NINE
HUNDRED FIFTEEN DOLLARS AND SIXTY-THREE CENTS ($75,915.63), together with interest thereon at the rate of Nine (9.00%)
percent per annum from July 1, 1999, and all costs of this suit.
Respectfully submitted,
KNU , K?DA & IMBLUM C.
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717)238-7151
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\BONNIEJO\COMP\WORK\25224.WPD:22Scp99 3
PROMISSORY NOTE
Amount: sm,99-81 66• ?27/).5-v.t.,G
Date: February 17, 1997
FOR VALUE RECEIVED, the undersigned hereby jointly and severally promise to
pay to the order of SEAN T. WARDLE, the sum of Sixty-seven Thousand Five
6,'-2 71,so 4G
Hundred Fifty-two Dollars and .88/100 (6itW-86), together with the interest
thereon at the rate of 9% per annum on the unpaid balance. Said sum shall be paid in
A-C <n A.G f
the manner following: 464%e payment oLtti211 14.4q-m mi;o?daee lte:enitls?sseei?er
$1,233.14 payment due &*LurrT 25, 1997 and a like payment due on the 25'" of each
successive month until loan is paid in full.
All payments shall be first applied to interest and the balance to principal. This
note may be prepaid, at any time, in whole or in part, without penalty.
Security for payment of this Note: Note receivable and equipment more fully
described in a Security Agreement dated of even date here with and executed by the
undersigned.
This note shall at the option of any holder thereof be immediately due and
payable upon the occurrence of any of the following:
1) Failure to make any payment due hereunder within 15 days of its due date.
2) Breach of any condition of any security interest, mortgage, loan agreement,
pledge agreement or guarantee granted as collateral security for this note.
3) Breach of any condition of any loan agreement, security agreement
or mortgage, if any, having a priority over any loan agreement, security agreement
of mortgage on collateral granted, in whole or in part, as collateral security for this
note.
4) Upon the death, incapacity, dissolution or liquidation of any of the undersigned, or
any endorser, guarantor to surety hereto.
5) Upon the filing by any of the undersigned of an assignment for the benefit of
creditors, bankruptcy or other form of insolvency, or by suffering an involuntary
petition in bankruptcy or receivership not vacated within thirty (30) days.
EXHIBIT A
agree to pay (5%) percent of the principal and interest due as attorney's
fees, and all other costs of collection. All payments hereunder shall be made to such
address as may from time to time be designated by any holder.
The undersigned and all other parties to this note, whether as endorsers,
guarantors or sureties, agree to remain fully bound until this note shall be fully paid
and waive demand, presentment and protest and all notices hereto and further agree to
remain bound, notwithstanding any extension, modification, waiver, or other
indulgence or discharge or release of any obligor hereunder or exchange, substitution,
or release of any collateral granted as security for this note. No modification or
indulgence by any holder hereof shall be binding unless in writing; and any indulgence
on any one occasion shall not be an indulgence for any other or future occasion. Any
modification or change in terms, hereunder granted by any holder hereof, shall be
valid and binding upon each of the undersigned, notwithstanding the acknowledgment
of any of the undersigned, and each of the undersigned does hereby irrevocably grant
to each of the others a power of attorney to enter into any such modification on their
behalf. The rights of any holder hereof shall be cumulative and not necessarily
successive. This note shall take effect as a sealed instrument and shall be construed,
governed and enforced in accordance with the laws of the State of Georgia.
11.6-
Witness
SECURITY AGREEMENT
Date: February 17, 1997
BE IT KNOWN, that for good consideration Loucas D. Giannatos and Anastasia
Giannatos of Lemoyne, PA (Debtor) grants to Sean T. McArdle of Carrollton, GA its
successors and assigns (Secured Party) a security interest pursuant to Article 9 of the Uniform
Commercial Code in the following property (Collateral), which shall include all after-acquired
property of a like nature and description and proceeds and products thereof: Note receivable
dated November 15, 1990 secured with restaurant equipment located at 130 South 3rd St. or
245-247 Hummel Ave. Lemoyne, PA, as is more fully described in Exhibit "A".
This security interest is granted to secure payment and performance on the following
obligations as well as all other debts now or hereinafter owed Secured Party from Debtor:
Payment of Promissory Note in the original principal amount of $67,552.88 dated February
17, 1997 and executed by Debtors. A-
Debtor hereby acknowledges to Secured Patty that:
1. The collateral shall be kept at the Debtor's above address and not moved or
relocated without written consent.
2. The Debtor warrants that Debtor owns the collateral and it is free from any other
lien, encumbrance and security interest or adverse interest and the Debtor has full
authority to grant this security interest.
3. Debtor agrees to execute such financing statements as are reasonably required by
Secured Party to perfect this security agreement in accordance with state law and the
Uniform Commercial Code.
4. Upon default in payment or performance of any obligation for which this security
interest is granted, or breach of any term of this security agreement, then in such
instance Secured Party may declare all obligations immediately due and payable and
shall have all remedies of a secured party under the Uniform Commercial Code, as
enacted in the Debtor's state, which rights shall be cumulative and not necessarily
successive with any other rights or remedies.
5. Debtor agrees to maintain such insurance coverage on the collateral as Secured
Party may from time to time reasonably require and Secured Party shall be named as
loss payee.
EXHIBIT B
Page 1
6. This security agreement shall further be in default upon the death, insolvency or
bankruptcy of any party who is an obligor to this agreement or upon any material
decrease in the value of the collateral or adverse change in the financial condition of the
Debtor.
7. Upon default the Debtor shall pay all reasonable attorneys' fees and costs of
collection necessary to enforce this agreement.
?r
IN WITNESS WHEREOF, this agreement is signed this 10 day of
1997.
v
Debtor
De or
Seed arty
?
Page 2
EXHIBIT K
ZCCHUAN_ RCSTAUI•.:..` T - iAmtrNEfrr L IM
1 Cash register _
24 Tables
II Sots or .booths
Sa Choirs
1 stereo radio
1 Cassette.viicorder/player
.2 'Speakers
All silverware
All tableware
1 Sandwich unit
.1 Steam aabin
Z Chinese valises
1 Soup tango
1 Deep Pryer
.1 uven•:4 .6 mange'cumbu.
.1 Microwave oven
l Neat -cutter
- 1 Nast $sindoi
" 1 vegetable cutter
1 Dishwasher
'1 Sink
4 Treaters -
A calk-la xoolet
a ice .swker
1 AQUIterators
}:ach'has' Clw?c?bedrooms, :mace b a.on. L
4H. One Jos Aiwhwasher. -
s
PARTIES
WI
O ) and mailing add(
oss-'
2^?: ?,.., ,.. „
? Unite SIAiE'ME--- 4A
A
,....' IM mCammerclal c
? •? 4' .
?
?y!hrff'? Pld?
fllfng No
be I
reverse
(h
y,/*'
!!yy??!! y..?7
ttrn
i ?
.
of
nstm,
mtttlby Gl ""
r _ no error r) ro?
r -" D
• ?
t
drv
t'?
dua9 aM mar'Nnr? atld-""" v
ate, Tlmq
?
[ dlnd ?ti,R? r ThISFTryaneln ` s 'r
Sfalemenere..._. ?•^ .,:?'
ifapser? r,? , ?r torot(Tat.2s c^
CtIi
,anthent Q
^movedlo6 r county inPennsyv Hamgp? odo ?OdIV Sheep } ., , , ? ? uff,
unty. (equired m(
nrs or Place sof wbusiness - ydno0ebiorha. an interest ofr"x:
Wasmovcdfo Debtor ecorG
:r`t r ti +Y $i9nalure AEB
oS In another,
)ury ? ?•?„`.' i•' ! ., (s) ,R$IGNATURE)g)
loved toPennsylvanJa.
uer '""
to
a)aeuatxwm°7ruyN9nd r r'
d?(alsodbea'k4;inwbrcha
Stmonno dUatoOlyedsIb•.
,,,?f?r,nw}u R'1` ,` RETURNRECEIP.•
Sfgga are(eR Jr r u 5 r T,70 yy tW t
F(SchCCkroabeV„V tJ S F s w 4 Yip
?ti a .? ? • y^ j1 , x ? , .razrtt M'r' r
•?'„'7„?. z. ,,IQ?' ?e Jrf`j?yr,{f y,?? ?vY i`i?
47
?131TC f Y?.f
°nnd fn Minn nN
A et"
Oast name
address:
?l?. U FIND"^ING STATEMENT
•:Y.i;-E`? ?' nHOrm Cc ereial Code Form UC'I
IMPORTANT - eMsaae read Insbuetbne on
reverse elds of a 4 before com adn
Filing No. (stamped by filing officer): o Date, True, Filing Office Isla by filing olficerf:
This Financing Statement is presented for tiling pursuant to the Uniform Commercial Code, and is la be filed
check applicable ben):
name (last name first it individual) and mailing address: is with the (
IZI Secretary of the Commonwealth.
E Prothonotaryof Ctambe J and
® real estate records of 0umIn v t a nd County.
County.
lb Number of Additional sheets d an S
Party(ies) name(s) (last name first if individual) and address for D tional Speciat Identification IMax 10 characters) T
Interest information: n
Giannatos, Loucas and Stacy
111 W.'Clearview Dr.
Camp Hili, PA 17011
AS Igbea(s) of Secured Party name(s) (last name first if individual) and address
for
witTrnteresTinfaimgtkrl.
?l
3000 Hwy. 5 #1308
DOUalasvilte CA 9015 pa
Speebl TYpes of Pasues (chock it applicable):
? The terms "Debtor" and "Secured Party" mean "Lessee" and "Lessor,"
respectively.
? The terms "Debtor" and "Secured Party" mean "Consignee" and
'Consignor," respectively.
? Debtor is a Transmitting Utility.
3,
fhb satement is filed with only the Secured Partys signature to perfect a
ccurity interest in collateral (check applicable box(es))-
1. ? eequired after a change of name, Identity or corporate structure of the
Debtor. ,
1. ? as to which the riling has lapsed.
Already subied to a security interest in another county in Pennsylvania -
? when the collateral was moved to this county.
? when the Debtofs residence or place of business was moved to this
county.
. already subject to a security interest in another jurisdiction -
? when the collateral was moved to Pennsylvania.
? when the Debtor's location was moved to Pennsylvania.
. ? which is proceeds of the collateral described in block 9, in which a
forest was ly rfected 9,ifpurehased with caash Proceeds and nut dequately described onlthe
original financing statement).
Secured Party Signature(s)
(required only if box(es) is chocked above(:
40ARO FORM -FORM PA UCC-1 (Rev. 3193)
oven by Secretary of Cammmweallh or Pennsylvania
lcenury collateral by item and/or type:. -.
Furniture, fixtures and equipmemt•of
restaurant located at' 245-w247 Hummel
Ave., Lemoyne, PA 17043, more fully
described on Exhibit'-,"A". .
Identity related real estate, it applicable: The collateral is, or includes (check appropriate bon(es)) y
a. ? crops growing or to be grown on -
b. ? goods which are or are to become fixtures on -
r ? minerals or the like (including oil and gas) as extracted on -
d. ? accounts resulting from the sale of minerals or the like(including oiland gas) at the wellhead or
minehead on -
the following real estate:
Street Address: 245-247 Hummel Ave. , 'Lemoyne, PA 17043
Described at: Book III A of (check one) ® Deeds ? Modgages, at Page(s) 7R I ,
for COMRFRTAND -County. Uniform Parcel Identifier i7_9L_n2aS&-_287
? Described on Additional Sheet. ,
Name of record owner (required only if no Debtor has an interest of record):
Signature(s):
Is
Sean McArdle
3000 Hwy. 5 #1308
Douglasville, GA 30135
FILING( EXHIBIT D
AV1Tc
#J&:Sj(v
ALLONGE
'1'liis allunge is intended to be attached to tilt t'olluwing Installment Note and made a
part thereof:
Note Date: Yebruary 17, 1997
Principal Suns: $66,271.50
Burrower: Loucas Giannatos
Anastasia Giaunatus
Including all addeuduins, modifications and amendments thereto.
Pay to the order of Dennis Joslin Company, L.L.C. without recourse or warranties
express or implied.
Commercial Loan Investors, Inc.
U
CL; D?Co By: ---
Sean 1). Klingle
Vice President
EM1.113111' F
UUI?.'.:flU.1ti "I.- ova.
r<WE 02
ALLONGE
This Allonge Is Intended to be attached to the following Installment Note and made
a part thereof:
Note Date: February 17, 1997
Principal Sum: $66,271.50
Borrower. Loucas Giannatos and Anastasia
Glannatos
F
Including all addendum s, modifications and amendments thereto.
Pay to the order of Commercial Loan Investors, Inc. without recourse or warranties
express or implied.
Sean T. McArdle
?G
4A CL B Y.
can T. cArdle
OwnerAndividually
y w?
• 4Y1
1
EXHIBIT E j
1, GREG AUSTIN, Asset Manager of DENNIS JOSLIN COMPANY, L.L.C., verify that the statements made in the aforegoing
document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating
to unswom falsification to authorities.
DENNIS JOSLIN COMPANY, L.L.C.
Glreg Austin, Asset Wager
Dated: 0-21f
BUSEMBONNIMOTOMMW ORKU5224. WPD22Sep99
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-05922 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JOSLIN DENNIS COMPANY L L C ET
VS.
GIANNATOS LOUCAS ET AL
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: GIANNATOS LOUCAS
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania.
to serve the within NOTICE AND COMPLAINT
On October 25th, 1999 this office was in receipt of
the attached return from YORK County, Pennsylvania.
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00
Surcharge 8.00 om s i eri
Dep. York County 34.20
SUY 2u KNUPP, KODAK & IMBLUM
10/25/1999
Sworn and subscribed to before me
this _r_ day of j jg ,J,,,
19-c? A.D.
ro Honorary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-05922 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JOSLIN DENNIS COMPANY L L C ET
VS.
GIANNATOS LOUCAS ET AL
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: GIANNATOS ANASTASIA A/K/A
GIANNATOS STACEY
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania.
to serve the within NOTICE AND COMPLAINT
On October 25th, 1999 this office was in receipt of
the attached return from YORK County, Pennsylvania.
Sheriff's Costs: So answer .
Docketing 6.00
Out of County .00
Surcharge 8.00 omas tae, 5 ri
U I:
$14. OU 0KNUPP /25%1KODAK & IMBLUM
999
Sworn and subscribed to before me
this q V- day of /?eceQ?`?
19Tq_ A.D.
COUNTY OF YORK
(1 of 2) OFFICE OF THE SHERIFF S 7ERICE 17)77 9601E
28 EAST MARKET ST, YORK, PA 17401
INSTRUCTIONS
SHERIFF SERVICE PLEASE TYPE ONLY LINES 1 TO 12
PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES.
1. PLAINTIFFS/ 2. COURT NUMBER -5 2 Civil---
Dennis Joslin Company, L.L.C., et. al 4 TYPE OF WRIT OR COMPLAINT
3.DEFENDANT& Notice & Complaint
Loucas Giannatos , et. al.
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPFRTY TO BE LEVIED, ATTACHED. OR SOLD.
Loucas Giannatos
6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY BORO, TWP, STATE AND ZIP CODE
AT 4001 Damirlshurg_Road. DA 17315
7 INDICATE SERVICE: 0PERSONAL O PERSON IN CHARGE 9) DEPUTIZLCumbefuttalnd 01ST CLASS MAIL OPOSTED OOTHER
NOW 0/4129 19 _ I, SHERIFF OF Y
Yor COUNTY to4
to law. This deputation being made at the request and risk of the plaintiff.
Con.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: dUmbe x6and
Cn C?
C-1 I I
ADVANCE FEE PD BY CUMBERLAND fZ COUNTS SHERIFF
NOTE ONLY APPLICABLE ON WHIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly un _ wilhiR4Lri aTleave
same without a watchman, In malady of whomever is found in possession, alter notifying person of levy or attachment, Without liability on the pan al suc eputi' tip-PhCrXf to any
plalnaB herein for any loss, destruction, or removal of any property before Sheriff's sale thereof. F? a
9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DAIIE FILED
40°7 N. Fr n°tdStreet P 0 Box 11848, Harrisb ug A 17108-1848 717-238-7151 " 9/28/99
12. SEND NOTICE OF SEflVICE COPY TO NAME AND ADDRESS BELOW; (This area mustP be completed If notice is to be milled).
Cumberland County Sheriff
SPACE BELOW FOR USE OF THE SHERIFF ONLY • DO NOT WRITE BELOW THIS LINE
SIGNATURE OF AUTHORIZED CLERK 14, Date Received 15. ExpuahonMOIDOgP!(
13. I acknowledge receipt of the writ
or complaint as indicated above B FeeSer 10/7/99 10/28/99
16.HOW SERVED: PERSONAL( I RESIDENCE'( POSTED ( I POE ( ) SHERIFF'S OFF ( ) OTHER 1 ) SEE REMARKS
17. 13 1 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 ND In OF INDIVIDUAL PpER 1ED/ LIST Af DRESS HERE IF N T SHOWN A VE (RelaUpnshlp to Defendant) 19. Dale of Service 20. Time of Service
?- Inu,.r?\ ? c. \/ o I 9 2?ATTEMPTS Data Time Ml
le IntVale e M es,, In,. Dete Time I Mlles nt. miles IServed Stacey Giannatos
MI
35.
41.AFFIRMED and subscribed to before me this
42. tley I- . . _?L.`??
43.
County Sheriff
L ..
of
3011
Y -cost Due or olun
yf
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
1. WHITE - lading Autlwriry 2. PINK - Attorney 3. CANARY - Shedfrs Office 4. BLUE - SheriEs office
COUNTY OF YORK
" °` 21 SERVICE CALL
OFFICE OF THE SHERIFF
(717) 771-9601
2B EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1. PLAINTIFFS/
2 MI ]AT ui,uaca,,.. _ , „ . ,
Dennis .lr,s+1it
1.r,ud•r, s ':iaIn ri,IIr,s
11 ?% • ! ? 3 ! 4. TYPE OF WRIT OR COMPLAINT
N..., b CornplainL
SERVE e. NAMC Vr INUIVIUUAL, UUMPANY, UUHPOHATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD.
Lu LI1:.1s G I A 1; n,3-
66. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP. STATE AND ZIP CODE
AT 4'-:11 Ua, - dst'Llra F r,9<! 1;,':11 1 I.r il'.
7. INDICATE SERVICE: U PERSONAL O PERSON IN CHARGE X] DEPUTIZE- LI"111OCERn MA O 1ST CLASS MAIL O POSTED O OTHER
NOW 11 / /"`+ 19 _ I, SHERIFF OF• bNk COUNTY, PA, do hereby deputize the sheriff of
° r COUNTY to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C umbp )' ' and
ADVANCE FEE Pit nY CIIMHERLANi) '3d` aOhPiY SHERIFF
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 withoul a watchman. In custody of whomever Is found in possession, alter notifying person of levy or attachment, without liability on the pan of such deputy or the sheriff to any
plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof.
9. TYPE NAME AND ADDRESS of ATTORNEWORIGINATOR and SIGNATURE
Robert D. Kodak, Esy 10. TELEPHONE NUMBER 11. DATE FILED
.
407 N. Front Stre>t, P O I]= 1.2848, Harri_,h°ry. PA 1..71C°-1848 7-T-238 7:51 9128/99
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed).
Cuwber13n'3 Cr111nty Shariff
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13.1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Dale Receive 15. Expuratio
or complaint as indicated above. B. F'_zser lit/7r?: 10/28/99
16. HOW SERVED: PERSONAL( I RESIDENCW) POSTED( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( I SEE REMARKS
Served Stacey Giarmatos
%N- ;"`0
• f
()
23. Advance Costs 24. Service Costs 25. WF 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. Total Costs 33. Cost Due or 6f
v100.0U 24.00 0.20 30.21, 34
20 $65
88
34. Foreign County Costs 35. Advance Coals .
36. Service Coals 37. Notary Can. 38. Mileage/Postage/N.F. 39. Total Costs .
40. Cost Due or Refund'.'. ,y.
'
SO A WFR •/ ?
41. AFFIRMED and subscribed to before me this
-?OU7
44. Signature at
4j
Pa19 ,
r
</ 9 f
i
42. day of October
Y 19 09 45. Signature of York
J 48. Date .
County Sheriff / t .
43. s dP(L1S
P d R
li
li,' 10
20/94
k . .
.
t
- /
;,
ProenMb7MW7 ,m 46. ignature o orelgn - 49. Date
V COMMISSION EXPIR Court Sheriff i?
50.1 ACKNOWLEDGE RECEIPT OF THE SHERI FF'S RETURN SI GNATURE 51. Dale Recei ved . .
Vr nui nuru=u 10QUtnu nu l num l T Anu l r l Le -r) ..?-
1. WHITE - Issuing Authority 2. PINK-Abomey 3. CANARY. Shed6's Office 4. BLUE -Sheriff's Office '( '
COUNTY OF YORK '
-li °f 2' OFFICE OF THE SHERIFF 5(717)1 71901E
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
Dennis Joslin Cnrrpany, 4. TYPE OF WRIT OR COMPLAINT
3. DEFENDANTS/ Notice S Complaint
Lou..as Giannatos , et. al.
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
_C,U,_a6 Giannatos
5. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY BORO, TWP., STATE AND ZIP CODE
AT 4001 Davidsbur Puad, D,:w(., r, PA 1731•,
7. INDICATE SERVICE: 0 PERSONAL O PERSON IN CHARGE )O DEPUTIZ U rO L1fC€ Cl 1ST CLASS MAIL 0 POSTED 0 OTHER
NOW 19 _ I, SHERIFF OFYfMk 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. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland
ADVANCE FEE PD BY CUMBERLAND @Z COUNTY SHERIFF
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly under within writ may leave
am wlthoul a watchman. In custody of whomever Is found in possession, after notifying person of levy or attachment, without liability on the pan of such deputy or the sheriff to any
plaintiff herein for any loss, destruction. or removal of any property before sheriff's sale thereof.
S. TYPE NAME AND ADDR S of A ORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
Robert D. K1x?lac,sq.
407 N. Front Street, P O Box 12848, Harrisburg, PA 17108-1848 717-238-7151 9/28/99
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)
Cumberland County Sheriff
13.1 acknowledge receipt of the writ nvm<PV ,,uP^n 14. Dale Received 15. Ezpiratiod8?aim(
or complaint as indicated above. B. Feeser 10/7/99 10/28/99
16.HOW SERVED: PERSONAL( ) RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS
17. hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above. (Sae remarks below.)
18. NAME AND TIT':E OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 79. Dale of Service 20. Time of Service
21, ATTEMPTS Dab Time Milled Int. Date Time Miles Int. Date Time' Mlles Int.. Date Time Mileel Int. Date TIma Mlles, Int.1 Date Time I Mlles' Int.
22.REMARKS:
Served Stacey Giannatos
23. Advance G
$100.
30.20
39. Total
=n d
CI
41. AFFIRMED arldsubscribed to before me this 20th 44. Signature nl
Sheriff
42deyof OCtober 19 99 45. Signature of York f
County Sheriff
43, WILLIAM M. HOSE`.
PrWhdl ,Nolery Pvbac 467Igmtureo oreign
MV innusa metoi PYPIRPR, , / 1 ' , l cnnntu ShanH
40.
4 C'
w.irirm n=L c^PVCIr,Vr. i nP encn.r'r co nP, Ynn anrne, writ ,?'J l.xarB rimervee
OF AUTHORIZED ISSUING AUTHORITY AND TITLE _
1.WHITE-Iauing Autlwdy 2.PINK-Anomey 3. CANARY-Sheriff Office 4. BLUE• Shedfrs Office S', , •?
COUNTY OF YORK
'2 of 2) OFFICE OF THE SHERIFF SERVICE (7117) 7 1 9 01L
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1. PLAINTIFF/SI 2. COURT NUMBER 99-59227-iv-11-
Dennis Joslin Company, L.L.C., et. al, __4.-TYPE OF WRIT OR COMPLAINT
3. DEFENDANT/S/Loucas Giannatos & Notice & Complaint
SERVE 1--1'lxmrnNr, UVHYUHAIIUN,tIG. I U SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. ORSOLD.
Anastasia Giannatos, a/k/a Stacey Giannatos
6. ADDRESS (STREET OR RFD WITH ROX NUMBER, APT NO.. CITY. BORO. TWP.. STATE AND ZIP CODE
AT 4001 Davidsburo Road Dover PA 1711
7. INDICATE SERVICE: O PERSONAL ° PERSON IN CHARGE X DEPUTIZE C Um O 1ST CLASS MAIL up STED O OTHER
ARIER
NOW
19 _ I, SHERIFF OF OUNTY, P ereby dep sheriff of
York COUNTY t execut; yyr??_ effa?ording
to law. This deputation being made at the request and risk of the plaintiff.
Cumberland
CD r,
-.1
?j nI t7
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property
Same without a watchman, In custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pan of
plaintiff herein for any loss, destruction, or removal of any property before Sheriff's sale thereof.
Robert D. Kodak, Esq.
!. SEND NOTICE OF SERVICE COPY TO NAME
Cumberland County Sheriff
to
717-238-
I - :0
ABER 11. DA7
L? T
to any
9
13.1 acknowledge receipt of the wnt SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. E%plratlon/fROQUM
or complaint as indicated above. B. Feeser 10/7199 10/28/99
16. HOW SERVED: PERSONAL RESIOENCE?>C POSTED ( ) POE ( ) SHERIFF'S OFF ( ) OTHER
( ) SEE REMARKS
1. WHITE - Iseuirg Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office
COUNTY OF YORK
(2 of 2) OFFICE OF THE SHERIFF S717)77 9601E
28 EAST MARKET ST, YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1. PLAINTIFF/8/ 2. COURT NUMBER L 1 V 7 L
Dennis JoSi 1n COTt', Ll n y, I L' dl 4. TYPE OF WRIT OR COMPLAINT
°--._.._......_Loucas G.I;InIIa!.r,s; y I NoLicc. ?. C'):nr-, a r,r
Anastasia G.ianna'OS, a/k/a SF,i -'ey 61 7uIri t. 11 SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
Anastasia Giant,a!i/Y-/a a'.ev (' nnr Tr,.
6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY BORO, TWP., STATE AND ZIP CODE
AT 4001 DaV 1d S 11U CC' RodJ, Dovyr., p,, ,,"
7. INDICATE SERVICE: [] PERSONAL O PERSON IN CHARGE %O DEPUTIZIi I In11}CE3fT jMI J 01ST CLASS MAIL 0 POSTED 0 OTHER
NOW ' 19 _ I, SHERIFF OF *60 COUNTY, PA, do hereby deputize the sheriff of
'York COUNTY to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
HE FV F
6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C, u m be r 1 a n d
NOTE ONLY APPLICABLE ON WAIT 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 pan of such deputy or the sheriff to any
plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof.
Robert D. Kodak, Esq. I7i.7-236-7151 19/28/99
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice Is to be malled).
Cumberland County Sheriff
SPACE BELOW FOR USE OF THE SHERIFF ONLY • DO NOT WRITE BELOW THIS LINE
13.1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Dale Received 15. Expvatioru SlB
or complaint as indicated above. B. Fees- i0/7%S9 10Ya8%99
16.HOWSERVED: PEFISONACPI? RESIDENCE?G POSTED( ) POE( ) SHERIFF'SOFF( ) OTHER( ) SEE REMARKS
17, hereby eeNfy, eand return a NOT.VOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below.)
ILMAYEJ1N.--_D$fLE7.1E7RDlV)py 'SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Servke
Stacey Gianwt: 6 /tl 49 IC SG.?
21. ATTEMPTS Date Time Mlles int. Data Time Mlles Int. Date Time Mlles Int. Date Time! Miles Int. Dale Time'. Mlles Int. Data Time Mlles. Int.
22.REMARKS:
23. Advance Costs 24. Service Costs 25. WF 26. Mileage 27. Postage 26. Sub Total 29. Pound 30. Notary F.ea' 31. Syrscharge 32. Total Costs 33. Cost Due or Refund
34. Foreign County Costa 35. Advance Costs 36. Service Costs 37. Notary Can. 36. Mileage/Postaga/N.F? 39 ?To I Costs 40. Cost Due or Refund
?SCI NS E ", i '
41. AFFIRMED and subscribed to before me this 44.Sigaalure of 47.Dele, ?/ q
S
Died. Sheriff
c
42.dayof UC tobar 19 99 45. Signature of York ?F 48. Dale
County Sheriff ? f. 'r ??v`{>? 4
43. ?; L: /' r}.'ni 4``1Gb( ?SMrk1P+? '0!20/99
v Pro 1rryP 46. Signature of oreign 49. Date
V COMMISSION EXPIRES. Coun Sheriff
50.1 ACKNOWLEDGE RECEIPTOF THE SHERIFFS RETURN SIGNATURE 51. Dale Received
OFAUTHORIZED ISSUING AUTHORITY AND TITLE
1. WHITE - Issuing Authority 2. PINK -Atlomey 3. CANARY - Shedtre Office 4. BLUE - Shedff's Office
COUNTY OF YORK
(2 of 2) OFFICE OF THE SHERIFF SER>ICECA1L
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE IIYO 1 nuv t tuns
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
1. PLAINTIFF/Sr 2. COURT NUMBER -:1 i V 1
Dennis 30slin Company, I.-L.C., et. al, 4. TYPE OF WRIT OR COMPLAINT
3. DEFENDANT/S/I OU Cas Ci.annat<;s & Notice & Comp.tai.nt
Anastasia Giannat(is, a/k/a Stue GI' nI S
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TOTE LEVIED, ATTACHED, OR SOLO.
Anastasia Giannatr.s, .)/k,/a Star.ey ciannatr,s
e ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY, BORO, TWP., STATE AND ZIP CODE
AT 14001 navidsbLIC(I Road, Dover, PA 17.;);
T.INOICATESERVICE: PERSONAL O PERSON IN CHARGE X) DEPUTIZEC: U m b'CERt&Mld 01 ST CLASS MAIL 0POSTED 0OTHER
NOW - 19 _ I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of
°r COUNTY to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
1. SPECIAL INSTRUCTIONS OR OTHER INFOflMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C U m be r, i a n d
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within will 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 pan of such deputy or the sheriff to any
plaln6ff herein for any loss, destruction, or removal of any property before Shetld's sale thereof.
9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 111,/28/99
FILED
Robert D. Kodak, Esq. 717-238-7151 9/28/99
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice la to be mailed).
Cumberland County Sheriff
13.1 acknowledge receipt of the Writ ""•^ ..=.,r ^.. r t4. Date Received /5. ExpirationxW0?6
or complaint as indicated above. B. FeeseC 10/7/99 108/99
16.11OW SERVED: PERSONAL RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFF( ) OTHER ( ) SEE REMARKS
17.01 hereby certify and return a NOT;FOUND because I am unable to locate the individual, company, corporation, etc, named above. (See remarks below,
16-MAMF N _ INDI SERVED / LISTADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service
Stacey Giannatos l; 9'i lf. ; /? /1
21. ATTEMPTS Date Tlme Mlles Int. Date Time Mlles Int. Onto Time Miles, Int. Date Time; Miles Int. Date ! Time Mlles, Int. Date Time Miles Int.
I
i I
23. Advance costs 24. 56MIM costs 25. wP 26. Mileage 27. Postage 26. Sub Total 29. Pound 30. Notary.RgA t Yl. ^yy Barge. 32.
.' Cl ? - ?sy \
34. Foreign CountyCosts 35. Advance Costs 36. Service Costs 37. Notary Can. 38. Mileage/Poemge{N.F. 'C,j v • 39. Ot Co
i p V
S E ?..
41.AFFIRMEDand subscribedtobaforeme this 20 44. Signatureol
42.day of October. 1e 99 45. Signature of York ,mil e
County Sheriffs
43. W!LLIAM M.' fI0.*rI'SH'
j- floya r ola Public 46. gnature 0 Foreign
MV MIS 10 EXPIRES, tlr -`?? Court Sheriff
50.1 ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE _ 5
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
,/ ° i
10/20/99
1, WHITE - lowing Authority 2. PINK - Attorney 3. CANARY - ShetlMe Office 4. BLUE - Sheriff's Office
DENNIS JOSLIN COMPANY, L.L.C., Assignee
of SEAN T. MCCARDLE and COMMERCIAL
LOAN INVESTORS, INC.,
Plaintiffs
V.
LOUCAS GIANNATOS and ANASTASIA
GIANNATOS, A/WA STACEY GiANNATOS,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94- 59Q1
NO. @@692 i CIVIL TERM
CIVIL ACTION - LAW
Please mark the above-captioned matter as settled, discontinued, and dismissed with prejudice.
KNUPP, KO & 1 aLUM, P.C.
By:
Robert D. Kodak, Esquire
Attorney 1. D. No. 18041
407 North Front Street
P. 0. Box 11848
Harrisburg, PA 17108-1848
Telephone: (717) 238-7151
Attorney for Plaintiff
DATED: ii 4 2000
:133368
C,
I
CV .] 4
l7
UC
CJj
EE 0- (D
C? ? 'tn
tiL
t CC C3? (l
.
F S
=
ty.
`j
p i
C7