HomeMy WebLinkAbout07-3070ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7152
Attornev for Plaintiff
MILLENIA USA, LLC IN THE COURT OF COMMON PLEAS
v
Plaintiff
VILLAGE CRAFT FACTORY DIRECT,
INC. doing business as Penn Forge &
Fabricating Company and doing
business as Villagecraft Contract
Furnishings, Inc. and doing business as
Villagecraft Contract Furnishings, L.P.
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O'ff' -.3076 ?LUL(,
CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set
forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by an
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparencencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
MILLENIA USA, LLC IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v NO. 0"7
f
L
VILLAGE CRAFT FACTORY DIRECT,
INC. doing business as Penn Forge &
Fabricating Company and doing
business as Villagecraft Contract
Furnishings, Inc. and doing business as
Villagecraft Contract Furnishings, L.P.
Defendant
CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, MILLENIA USA, LLC, by its attorneys, KODAK & IMBLUM, P.C.,
brings this action of Assumpsit against the Defendant to recover the sum of NINETEEN
THOUSAND SEVEN HUNDRED TEN DOLLARS ($19,710.00), along with interestthereon
at the statutory rate from September 30, 2006, upon a cause of action of which the
following is a statement:
1
2
The Plaintiff, MILLENIA USA, LLC, is a Limited Liability Company organized and
existing under the laws of the State of North Carolina, having its principal office and
place of business at 254 Union Square, Suite 2, Hickory, NC 28601.
The Defendant, VILLAGE CRAFT FACTORY DIRECT, INC., doing business as
Penn Forge & Fabricating Company and doing business as Villagecraft Contract
Furnishings, Inc. and doing business as Villagecraft Contract Furnishings, L.P., is
a corporation organized and existing under the laws of the Commonwealth of
Pennsylvania, having its principal office and place of business at 1446 Holly Pike,
Carlisle, Cumberland County, Pennsylvania 17015.
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\A-M\MILLENIA 33273.wpd 2
3. On the dates, in the amounts, and for the prices set forth in a true and correct copy
of the Plaintiff's Invoice/Statement of Account hereto attached, marked Exhibit "A"
and made a part hereof, Plaintiff, at the special instance and request of the
Defendant, sold and delivered goods, wares and merchandise of the kind and
description set forth on said Exhibit to the total amount of Nineteen Thousand
Seven Hundred Ten Dollars ($19,710.00).
4. The prices charged for said goods, wares and merchandise were just and
reasonable, were the legal and market prices therefor and were the prices which the
Defendant orally promised and agreed to pay to Plaintiff.
5. The Defendant paid the amount due and owing to Plaintiff, however, Defendant's
check was returned by the bank to Plaintiff as Defendant has issued a stop payment
on their check, and claim is made therefor. A true and correct copy of Defendant's
stop payment check is attached hereto, marked Exhibit "B" and made a part
hereof.
6. The balance due and owing by Defendant to Plaintiff is the sum of Nineteen
Thousand Seven Hundred Ten Dollars ($19,710.00).
7. Plaintiff frequently demanded payment from Defendant of said amount due and
owing as aforesaid, but Defendant refused and neglected and still refuses and
neglects to pay said amount or any part thereof.
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\A-M\MILLENIA 33273.wpd 3
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of
NINETEEN THOUSAND SEVEN HUNDRED TEN DOLLARS ($19,710.00), along with
interest thereon at the statutory rate as set forth herein.
Respectfully submitted,
KODAK & IMBLUM, P.C.
go- bert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\ A-M\ MILLENIA 33273.wpd 4
L?(?Ac YTRA-D1T10 NS°
DIV SIGN OF
MIL I FNIA USA.
0 '6
254 Union Square, Suite 2
Hickory, NC 28601
PH: 828-267-5760 FAX! 828-267-5761
Bill To
VillageCraft Contract Furnishings, LP
Samuel Mannino
191 Anaconda Dr.
Furnace, PA, 16865
1-800-276-2318
Invoice
Date invoice #
8/3012006 6048000
Ship To
VillageCraft Contract Furnishings, LP
191 Anaconda Dr.
Furnace, PA 16865
Ship via: Global Link
P.O. No. Terms Rep Ship Date
82306-4 Net 60 Sum 8/30/2006
Item Description Qty
Rate
Amount
Container# CRXU9284652
110 Hollywood Merlot 30 50.0a 1,500.00
110-120 Vertical Mirror 30 139.0x1 4,170.00
110-240 Door Dresser 60 61.(Kl 3,660.00
110-311 Night Stand 18 89.(x1 1,602.00
110-412H 5/0 Beverly Hills Headboard 18 58.110 1,044.00
110-412F 510 Beverly Hills Footboard 18 26.(x1 468.00
110-412R 510 Beverly Hills Rails 30 128.(x1 3,840.00
110-325 5 Drawer Chest 12 13 t .al 1,572.00
110413H 6/6 Beverly Hills Headboard 12 105.(1(1 1,260.00
110413F 6/6 Beverly Hills Footboard 12 37.(x1 444.00
110-413R 616 Beverly Hills Rails 1;0.(x1 150.00
Brokerage Customs Clearance
Total
Remit to:
MARQUETTF COMMERCIAL:. FINANCE, INC
BOX # 933(40
ATLANTA, GA 31193-3040
$19,710.00
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MAY-07-2007 15:54 KNUPP KODAK Ir IMBLUM 717 238 7158 P.07
VERIFICATION
I, Beverly J. DeBonis LLC Manager ,
(name) Cive)
of MILLENIA USA, LLC, verify that the statements made in the aforegoing document are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.
§4904, relating to unsworn falsification to authorities.
MILLENIA USA, LLC
By:
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Title:
Dated: -/ ? - /-,) ?
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MILLENIA USA, LLC
Plaintiff,
vs.
VILLAGE CRAFT FACTORY DIRECT, INC.
doing business as Penn Forge & Fabricating
Company and doing business as Villagecraft
Contract Furnishings, Inc. and doing business as
Villagecraft Contract Furnishings, L.P.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
0"1- 3070
DOCKET NO.-1$-
CIVIL ACTION - LAW
Defendant.
4. Admitted in part. It is admitted that the price alleged is in fact the price agreed
upon by the parties. However, the bedroom furniture was of sub-standard quality
and was cracking.
5. Admitted in part. It is admitted that the check attached to the Complaint as
Exhibit "B" was presented to Plaintiff then stopped by Defendant. By way of
further answer, the Plaintiff agreed to hold the check until payment arrangements
could be made, but deposited the check without permission of the defendant.
6. Admitted.
7. Denied. Plaintiff agreed to hold Defendant's check until payment arrangements
could be made, but deposited the check without permission of the defendant.
Additionally, there is no statutory or contractual basis for the award of attorney
fees.
WHEREFORE, it is respectfully requested that Plaintiff's Complaint be dismissed.
Dated this Ith day of 2007.
Respectfully submitted,
AA L?M??
h M. Lucchesi
I.D. No. 86323
Pallo Lucchesi Law Offices, LLC
1368 South Atherton Street
State College, PA 16801
(814) 231-4050 telephone
(814) 231-4051 facsimile
Faith@2LawDogs.com
N.a
MILLENIA USA, LLC )
Plaintiff,
'
vs. )
VILLAGE CRAFT FACTORY DIRECT, INC. doinE
business as Perm Forge & Fabricating Company and
doing business as Villagecraft Cofitract Furnishings,
Inc. and doing business as Villagdcraft Contract
Furnishings, L.P.
Defendant.'
IN THE COURT OF COMMON PLEAS C
CUMBERLAND COUNTY,
PENNSYLVANIA
DOCKET NO. 03070
CIVIL ACTION - LAW
VERMCATION
I hereby verify that the facts set forth in this Answer are true and correct to
the best of my knowledge, information and belief. I understand that any false
statements herein are made subject to the penalties of 18 Pa C.S. Section 4904,
relating to unsworn falsification to authorities-
Date: d7k 7
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MILLENIA USA, LLC
V
VILLAGE CRAFT FACTORY DIRECT, INC.
dba Penn Forge & Fabricating Company and
dba Villagecraft Contract Furnishings, Inc.
and dba Villagecraft Contract Furnishings, LP
Defendant(s)
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Robert D. Kodak, Esquire, counsel for the plaintiffMefendarnt in the above action, respectfully represents that:
1. The above-captioned action(s) isMm at issue.
2. The claim of plaintiff in the action is $19,710.00, plus interest from September 30, 2006.
The counterclaim of the defendant in the action is: N/A
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators: ROBERT D. KODAK, ESQUIRE (KODAK & IMBLUM, P.C.)
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case
shall be submitted.
Respectfully ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 07-3070 CIVIL TERM
CIVIL ACTION - LAW
Robert D. Kodak, Esquire
Kodak & Imblum, P.C.
PO BOX 11848
Harrisburg, PA 17108-1848
(717) 238-7159
ORDER OF COURT
AND NOW, , 2007, in consideration of the foregoing petition,
Esq., and
Esq., and
actions) as prayed for.
Esq., are appointed arbitrators in the above captioned action (or
BY THE COURT:
GEORGE E. HOFFER, P.J.
- v-"%
CERTIFICATE OF SERVICE
I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of the
PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon the below
listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid
at Harrisburg, Dauphin County, Pennsylvania, addressed as follows:
FAITH M. LUCCHESI ESQUIRE
PALLO LUCCHESI LAW OFFICES LLC
1368 S ATHERTON STREET
STATE COLLEGE PA 16801
KODAK & IMBLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney I.D. No. 18041
Attorney for Plaintiff
Dated: June 25, 2007
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MILLENIA USA, LLC
v
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-3070 CIVIL TERM
VILLAGE CRAFT FACTORY DIRECT, INC.
dba Penn Forge & Fabricating Company and
dba Villagecraft Contract Furnishings, Inc.
and dba Villagecraft Contract Furnishings, LP
Defendant(s)
CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Robert D. Kodak, Esquire, counsel for the plaintifffdefenelant in the above action, respectfully represents that:
1. The above-captioned action(s) isMm at issue.
2. The claim of plaintiff in the action is $19,710.00, plus interest from September 30, 2006.
The counterclaim of the defendant in the action is: N/A
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators: ROBERT D. KODAK, ESQUIRE (KODAK & IMBLUM, P.C.)
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case
shall be submitted.
Respectfully ,
Robert D. Kodak, Esquire
Kodak & Imblum, P.C.
PO BOX 11848
Harrisburg, PA 17108-1848
(717) 238-7159
ORDER OF COURT
AND NOW, f 2007, _P oly Esq., and
Esq., are appoin+
ions) as prayed for. B E C
ra*8
?Q'Q r
in consideration of the foregoing petition,
di'la - Esq., and
5d arbitrators in the above captioned action (or
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03070 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLENIA USA LLC
VS
VILLAGE CRAFT FACTORY DIRECT
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
VILLAGE CRAFT FACTORY DIRECT INC DBA PENN FORGE & FAB ET AL the
DEFENDANT
, at 1507:00 HOURS, on the 23rd day of May , 2007
at 1446 HOLLY PIKE
CARLISLE, PA 17015
KEVIN WOODWARD
MANAGER)
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Postage
Ob1(b1 7 -
So Answers: t
18.00
4.80
.00 •
10.00 R. Thomas Kline r
.41
? 33.21 05/24/2007
KODAK & IMBLUM
Sworn and Subscibed to By: /
before me this day Deputy Sheriff ..
of A.D.
3?
MILLENIA USA, LLC,
PLAINTIFF
V.
VILLAGE CRAFT FACTORY DIRECT,
INC., d/b/a Penn Forge & Fabricating
Company and d/b/a Villagecraft
Contract Furnishings, Inc. and d/b/a
Villagecraft Contract Furnishings, LP,
DEFENDANT
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 07-3070 CIVIL TERM
ORDER OF COURT
AND NOW, this 13t' day of July, 2007, the appointment of John E. Slike, Esquire,
as chairman on the Board of Arbitrators in the above-captioned case, IS VACATED.
Richard W. Stewart, Esquire, is appointed in his place.
B
? Richard W. Stewart, Esquire
Court Administrator
:sal
Edgar B. Bayley, J.
y to
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW H. CLINE,
Plaintiff,
CIVIL ACTION - LAW
V.
DEBORAH PAPROKY,
Defendant,
No. 06-3916 Civil Term
ORDER OF COURT
AND NOW, this 13 d. day of 2007, on consideration of the
foregoing petition, the following arbitrators are appointed in the above-captioned action
as prayed for:
kv)'? Esq.
oA.d-?? AA'*' f Esq.
7
W. -6?? , Esq.
BY URT:
v?
Edgar B. 'Bayley
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M.lle,,LS A- LLC-
Plaintiff
alb )w V ?1a Hr ?- Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No, 07 - 307 o
Civil Action - Law.
d ?r hfrcc.t- L. ?.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature
Name (Chairman)
Law Firm
Address
Line f ( ?6 5,-3
City, zip
11431
C
ignatm
73 +oe 4d (A rn5
Name
o fAct of 74w 4n4-
Law Firm
loq ). &S-?-
Address
?iS?eP?iI?P13
City, Zip
Signature
Name
Law Firm .
-Z S S
Address
zip l ?C S ?
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
(j/ q,v.5? -f lilt )0,-yFf -L in }ApwL.-r/ aF- ?io, o0
(•j'?? Vh tf re7 ?Y77 r? SewL-f (05
. Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing: Ao , -z? z o G 7
Date of Award: N6. z ?? 7
Notice of Entry Award
Now, the C-' day of Nov -,2000-? , at 3:08 , _.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: S 350.Oo
oa?W?gw By:
P thonotary
?L -L
Deputy
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MILLENIA USA, LLC IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
v
NO. 07-3070 CIVIL TERM
VILLAGE CRAFT FACTORY DIRECT,
INC. doing business as Penn Forge &
Fabricating Company and doing CIVIL ACTION - LAW
business as Villagecraft Contract
Furnishings, Inc. and doing business as
Villagecraft Contract Furnishings, L.P.
Defendant(s)
PRAECIPE
TO THE PROTHONOTARY:
Please enter Judgment in favor of the Plaintiff, MILLENIA USA, LLC, and against
the Defendant(s), VILLAGE CRAFT FACTORY DIRECT, INC. doing business as Penn
Forge & Fabricating Company and doing business as Villagecraft Contract Furnishings,
Inc. and doing business as Villagecraft Contract Furnishings, L.P., per the attached copy
of the AWARD from Arbitrators and NOTICE OF ENTRY OF AWARD filed with this
Honorable Court on November 30, 2007. Please enter Judgment in the amount of
$19,710.00, with interest from September 30, 2006 plus costs, per said Award.
TO: Cumberland County
Prothonotary
Dated: Tanuary 15, 2008
Robert D. Kodak, Attorney for Plaintiff
Attorney I.D. No. 18041
p, ?-
w .?.
lu "a CYN
. 11
(e- 1 L. L C- - In The Court of Common Pleas of Cumberland
Plaintiff
County, Pennsylvania No. 01 ---367b
V1kkd.a- Craft f` f -cL \orZ? q[ rr?j^ 1h`
?b lw v. ?1d?Iur Defendant Civil Action - Law.
d- CarRI-c.c.t `C r• n
Purn.54,? 7 .?ti`
oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature ignataro Signature
1(-", 4 V ) 5tely.I f-
Nta= pairnm)
.a/ 0LnIV SV- '00KIC[Y S?CGKT?
Name
'j ?f ljf; ?J. x/r(-11
Name
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Law Firm
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Address
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Law Firm
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Address
Le or the 1 ?Q c/3
City, zip
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6a of N?WtX4
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Law Firm
10q l . pi`f s+-
Address
raf isle PM I ?b 3
city. zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
W< ?1Ihlk IV, PyVCY a!4 .4(1 to In
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411It"- 1hkr.e, *'rd- Gewk-, .1,- ZO -2406 111.5 Cas f
. Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing:_ 14c j 'I ZO c 7
Date of Award: N16- z 7r Z?oc-7 Qa?tl
Notice of Entry y,tArzrd
Now, the 36* day of Nov , 20-2?j-, at 3'• 08 , _.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys. ?c ?,
ME COPY FROM REG P
Arbitrators' compensation to be paid upon appeal: $ 350.00 iR Test?manyrt,a ! ^^ t?'" m [: s
Udisle, Pa.
?Y OL
By:
fhonotary Deputy Olxwota
4 .. .
MILLENIA USA, LLC
V
Plaintiff
VILLAGE CRAFT FACTORY DIRECT,
INC. doing business as Penn Forge &
Fabricating Company and doing business
as Villagecraft Contract Furnishings, Inc.
and doing business as Villagecraft Contract
Furnishings, L.P.
Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-3070 CIVIL TERM
CIVIL ACTION - LAW
TO: VILLAGE CRAFT FACTORY DIRECT INC DBA PENN FORGE & FABRICATING
CO., AND D/B/A VILLAGECRAFT CONTRACT FURNISHINGS INC. AND DBA
VILLAGECRAFT CONTRACT FURNISHINGS, L.P., Defendant(s)
You are hereby notified that on 2(Ynathe following
(Judgment) has been entered against you in the above aptioned case.
judgment entered in the amount of $19,710.00, with interest from September 30, 2006
plus costs.
DATE:- 1b &/Q a
Pr onotary
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
VILLAGE CRAFT FACTORY DIRECT, INC. ET AL.
C/O FAITH M LUCCHESI - ATTORNEY AT LAW
1368 SOUTH ATHERTON STREET
STATE COLLEGE PA 16801
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
MILLENIA USA, LLC IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff Writ No.
vs
VILLAGE CRAFT FACTORY DIRECT, INC.
dba Penn Forge & Fabricating Co. & dba
Villagecraft Contract Furnishings Inc & dba
Villagecraft Contract Furnishings LP
1446 HOLLY PIKE
CARLISLE, PA 17015
Defendant(s)
Term 20
No. 2007-3070 CIVIL Term 2007
Amount due $ 19,710.00
Interest @ 6% PER iDMT PRAE FROM- 9/30/06
Atty's Comm. $ 985.50
Costs to be determined $
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania
(2) against VILLAGECRAFT FACTORY DIRECT, INC. d/ b/ a Penn Forge & Fabricating
Vq
,iacn ataZ on?rac Feu lrru uigs, _ pact r urrusnings, inc. ana a/ n/ a
aEe e en ans ;
(3) and against SOVEREIGN BANK , 17 w Aqh S+-, COLclis(oe PA 170[3
(4) and index this writ
(a) against VILLAGECRAFT FACTORY DIRECT, INC. d/b/a Penn Forge & Fabricating
V l1 agecr on c iU101 crg,t pytl ac urrus gs, Inc. an a
een ans;an(b) against SOVEREIGN BANK
arms ee s ,
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy)
LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) ATTHE ABOVE ADDRESS IN CUMBERLAND
COUNTY, INCLUDING BUT NOT LIMITED TO CASH ON HAND, EQUIPMENT, FURNITURE, JEWELRY, ELECTRONICS,
VEHICLES, SUPPLIES, ETC. AND GARNISH SOVEREIGN BANK, 17 W. HIGH STREET, CARLISLE, PA, FOR ANY AND ALL
ACCOUNT(S) UNDER DEFENDANT(S) NAME(S).
(5) Exemption has (not) been waived.
Dated 2/8/08
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Attorney For Plaintiff(s)
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3070 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MILLENIA USA, LLC, Plaintiff (s)
From VILLAGE CRAFT FACTORY DIRECT, INC., d/b/a PENN FORGE & FABRICATING
CO., & d/b/a VILLAGECRAFT CONTRACT FURNISHINGS INC & d/b/a VILLAGECRAFT
CONTRACT FURNISHINGS LP, 1446 Holly Pike, Carlisle, PA 17015
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the above-listed defendants at the above address in Cumberland County, including but not
limited to cash on hand, equipment, furniture, jewelry, electronics, vehicles, supplies, etc. .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
SOVEREIGN BANK, 17 W. High Street, Carlisle, PA 17013
any and all accounts under defendants names.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $19,710.00 L.L. $30
Interest @ 6% per JDMT PRAE from 9/30/06
Atty's Comm $985.50 %
Atty Paid $176.71
Plaintiff Paid
Date: 2/11/08
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM, P.C.
CAMERON MANSION
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 11848
Due Prothy $2.00
Other Costs To be Determined
- dl2z,??4
C R. Long, Pro otary
l
By:
Deputy
SHERIFF'S RETURN - GARNISHEE
if
CASE NO: 2007-03070 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
MILLENIA USA LLC
VS
VILLAGE CRAFT FACTORY DIRECT
And now TIMOTHY BLACK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:30 Hours, on the 22nd day of February-, 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
VILLAGE CRAFT FACTORY DIRECT INC DBA PENN FORGE & FAB ET AL, in the
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17 W HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JULIE MYERS (CUSTOMER SERVICE MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
true
and made
So answee
.00
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
00 V z?a 7?oP
02/25/2008
Sworn and Subscribed to
before me this day of By Ix?"O'elpez
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-03070 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
MILLENIA USA LLC
VS
VILLAGE CRAFT FACTORY DIRECT
And now TIMOTHY BLACK
.00
.00
.00
.00
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:30 Hours, on the 22nd day of February-, 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
PENN FORGE & FABRICATING
,Sheriff or Deputy Sheriff of
, in the
COMPANY
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17 W HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JULIE MYERS (CUSTOMER SERVICE MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
true
and made
So answers: ®p
R. Thomas Kline
Sheriff of Cumberland County
00 ?/.? 7?0? 9.
02/25/2008
day of By
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-03070 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
MILLENIA USA LLC
VS
VILLAGE CRAFT FACTORY DIRECT
And now TIMOTHY BLACK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:30 Hours, on the 22nd day of February-, 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
VILLAGECRAFT CONTRACT FURNISHINGS INC
, in the
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17 W HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JULIE MYERS (CUSTOMER SERVICE MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
true
and made
So answers:
.00
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
02/25/2008
Sworn and Subscribed to
before me this
day of By??-
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-03070 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
MILLENIA USA LLC
VS
VILLAGE CRAFT FACTORY DIRECT
And now TIMOTHY BLACK Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:30 Hours, on the 22nd day of February , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
VILLAGECRAFT CONTRACT FURNISHINGS L P in the
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 17 W HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JULIE MYERS (CUSTOMER SERVICE 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: So answe:?;s :
Docketing .00
.v v °r ?u
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.0000 2I? o/0 9"
02/25/2008
Sworn and Subscribed to
before me this day of ,TDeputy Sheriff
A.D
MILLENIA USA, LLC
v
Plaintiff
VILLAGECRAFT FACTORY DIRECT,
INC. d/b/a Penn Forge & Fabricating
Company and d/b/a Villagecraft
Contract Furnishings, Inc. and d/b/a
Villagecraft Contract Furnishings, LP
Defendant(s)
v
SOVEREIGN BANK
Garnishee
AZWUS -V/ ---
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-3070 CIVIL TERM
CIVIL ACTION - LAW
INTERROGATORIES IN ATTACHMENT TO GARNISHEE
TO: GARNISHMENT ADMIN / LEGAL DEPT.
SOVEREIGN BANK, GARNISHEE
17 W. HIGH STREET
CARLISLE, PA 17013
YOU 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) above-listed, Account No. 2891101294, or any other account(s) under
Defendant's name(s), any money or were you liable to the defendant (s) on any negotiable
or other written instrument, or did the defendant claim that you owed the defendant any
money or were liable to the defendant for any reason? (If yes, please describe.)
ANSWER: No
33273
2. At the time you were served, or at any subsequent time was there in your
possession, custody or control, or in the joint possession, custody or control of yourself and
one (1) or more other persons and/or entities, any property of any nature owned solely or
in part by the defendant(s)?( If yes, please describe.)
ANSWER: No-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 or in which
defendant(s) held or claimed any interest? (If yes, please describe.)
ANSWER: No
33273
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 an interest?
ANSWER: 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 or place pursuant to your direction or consent
and if so, what was the consideration therefor?
ANSWER: No
33273
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 the defendant's
direction or otherwise discharge any claim of the defendant(s) against you? (If yes, please
describe.)
ANSWER: No
7. If you are a bank or other financial institution, at the time you were served or at
any subsequent time did the defendant have funds on deposit in an account in which funds
are deposited electronically on a recurring basis and which are identified as being funds
that upon deposit are exempt from execution, levy or attachment under Pennsylvania or
federal law? If so, identify e4ch account and state the reason for the exemption, the amount
being withheld under each exemption and the entity electronically depositing those funds
on a recurring basis.
ANSWER: No
33273
.?
8. If you are a bank or other financial institution, at the time you were served or at any
subsequent time did the defendant have funds on deposit in an account in which the funds
on deposit, not including any otherwise exempt funds, did not exceed the amount of the
general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account.
ANSWER: Yes-See Attached
KODAK & IMBLUM, P.C.
Robert D. Kodak, Esquire
Attorney for Plaintiff
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Supreme Court ID No. 18041
33273
VERIFICATION
I, Sovereign Bank Garnishee herein, verify that the statements made in
these Interrogatories in Attachment are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn
falsification to authorities.
BY:
ADDRESS: P.O. Box 841005, Boston, MA
Dated: March 4, 2008
33273
ANSWERS TO INTERROGATORIES
Account # 28911010413 Balance: $0.00
After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this
account is $0.00
Account Holder: Villagecraft Factory Direct
1446 Holly Pike
Carlisle, PA 17015-9102
Account # 2891101294 was closed on October 4, 2007.
VERIFICATION
I, Timothy J. Cooney, C.O.P. Team Leader 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
C.O.P. Team Leader
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE:
Millenia USA, LLC
VS.
Villagecraft Factory Direct, Inc. d/b/a Penn Forge & Fabricating Company and
d/b/a Villagecraft Contract Furnishings, Inc. and d/b/a Villagecraft Contract
Furnishings, LP
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 D Kodak, Esquire
Kodak & Imblum, P.C.
407 North Front Street P. O. Box 11848
Harrisburg, PA 17108-1848
Service by certified mail addressed as follows:
Villagecraft Factory Direct
1446 Holly Pike
Carlisle, PA 17015-9102
Tim thy J. ooney
C.O.P. Team Leader
Sovereign Bank
MA1 M133-02-10
2 Morrisey Boulevard
Boston, MA 02125
March 4, 2008
C.) ^'
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. Fq,
-'? CD
C,4 C
21
MILLENIA USA, LLC
v
Plaintiff
VILLAGECRAFT FACTORY
DIRECT, INC. d/b/a Penn Forge
Fabricating Company and d/b/a
Villagecraft Contract Furnishings, Inc.
and d/b/a Villagecraft Contract
Furnishings, LP
Defendant(s)
v
SOVEREIGN BANK
Garnishee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 07-3070 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please dissolve the Garnishment against Sovereign Bank issued in the above-
captioned matter.
TO: Cumberland County
Prothonotary
Dated: March 10, 2008
Robert D. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 1.70
Law Library .50
Prothonotary 2.00
Mileage 4.80
Surcharge 30.00
Levy 20.00
Postage .88
Garnishee 9.00
$ 86.88 ?ala'?°9 l
Advance Costs: 150.00
Sheriff's Costs: 86.88
63.12
Refunded on 09/23/09
So Answers,
lie -I/
R4aronS Te'as Kline, Sheriff ,
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WRIT OF EXECUTION and/or ATTACHMENT
I
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3070 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MILLENIA USA, LLC, Plaintiff (s)
From VILLAGE CRAFT FACTORY DIRECT, INC., d/b/a PENN FORGE & FABRICATING
CO., & d/b/a VILLAGECRAFT CONTRACT FURNISHINGS INC & d/b/a VILLAGECRAFT
CONTRACT FURNISHINGS LP, 1446 Holly Pike, Carlisle, PA 17015
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the above-listed defendants at the above address in Cumberland County, including but not
limited to cash on hand, equipment, furniture, jewelry, electronics, vehicles, supplies, etc. .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
SOVEREIGN BANK, 17 W. High Street, Carlisle, PA 17013
any and all accounts under defendants names.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $19,710.00 L.L. $.50
Interest @ 6% per JDMT PRAE from 9/30/06
Atty's Comm $985.50 %
Atty Paid $176.71
Plaintiff Paid
Date: 2/11/08
(Seal)
Due Prothy $2.00
Other Costs To be Determined
t - 04 L'
Curtis K. Long, Protho
By: _
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM, P.C.
CAMERON MANSION
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 11848