HomeMy WebLinkAbout07-6369f;- 't
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BALDWIN SECURITY B, L.P. : DOCKET NO: 07 - ?
Plaintiff 31,09 C i vi( Term
VS. : CIVIL ACTION
M.P.A. PROPERTIES, LLC a/k/a
M.P.A. PROPERTIES, L.L.C.,
Defendant
PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT
AND ASSESS DAMAGES
Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa. C.S.A. § 4306,
kindly file and index the attached, authenticated docket entries and judgment entered in the Court
of Common Pleas of Dauphin County, Pennsylvania, in an action captioned Baldwin Security B,
L.P. vs. M.P.A. Properties, LLC a/k/a M.P.A. Properties, L.L.C., Number 2007-cv-10687-NT,
and assess damages in favor of the Plaintiff, Baldwin Security B, L.P., and against the
Defendant, M.P.A. Properties, LLC a/k/a M.P.A. Properties, L.L.C., as follows:
Amount of Foreign Judgment: $41,215.30
Costs due on Foreign Judgment:
Interest from October 12, 2007(date of entry of foreign judgment)
At the rate of $15.52 per diem until paid
Total: $41,215.30
Plus cost and interest
Respectfully submitted,
Gates, Halbruner & Hatch, P.C.
Date: October :Z%_, 2007 B
ifton R. Guise, Esq. ID #93537
e0e 1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Attorneys for Plaintiff, Baldwin Security B, LP
Damages and judgment entered as above:
av-?ki ko - "
Prothonotary nag
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.0 In The Court of Common 301eao of j0aupbin Countp, 30ennop1bania
Baldwin Security B
VS. No. 2007-CV-10687-NT
MPA Properties J
950 Walnut Bottom Road
Carlisle, PA 17015
CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT
I, the undersigned Prothonotary of the Court of common Pleas of Dauphin County, Pennsylvania,
do hereby certify that the attached is a full, true and correct copy of the docket entries in the above
captioned case.
I further certify-that judgment was entered in favor of Plaintiff, Baldwin Security B and against
Defendant, MPA Properties on October 12, 2007 in said case in the amount of $41,215.30
3n Tatimonp 39hereof, I have hereunto set my hand and affixed the seal f e Court, on
Thursday, October 25, 2007. I t
Protho
By: 11??VLAIA
Deputy
JUDGMENT $41215.30
Interest from $
Commission
Attorney Due $3.00
Plaintiff Paid $33.00
Defendant Paid $
Prothy. Due $10.00
This record $20.00
Date: #2?t?007 Dauphin County User: JMAURER
Time: 11:37 AM Complete Case History
Page 1 of 2 Case: 2007-CV-10687-NT
Baldwin Security Bvs.MPA Properties
Filed: 10/12/2007
Subtype: Notes
Physical File: Y Appealed: N
Comment:
Status History
Pending
Pending / Judgment
Judge History
Date Judge
10/12/2007 No Judge,
Payments
Gates Halbruner & Hatch
Exemplified Record
Miscellaneous Receipts
Receipt Date
144057 10/25/2007
10/12/2007
10/12/2007
Reason for Removal
Current
Receipt Date Type Amount
143069 10/12/2007 Civil Filing 33.00
144057 10/25/2007 Miscellaneous 20.00
20.00
Total 53.00
Exemplified Record 20.00
Sum: 20.00
Plaintiff
Name: Baldwin Security B
Address:
Phone: Home: Work:
Employer:
Litigant Type:
Comment:
Attorneys
Guise, Clifton R
Defendant
(Primary attorney)
SSN:
DOB:
Sex:
Send notices: Y
Send Notices
SSN:
DOB:
Sex:
Send notices: Y
Name: MPA Properties
Address: 950 Walnut Bottom Road Suite'
Carlisle PA 17015
Phone: Home: Work:
Employer:
Litigant Type:
Comment:
Attorneys
Guise, Clifton R
Register of Actions
10/12/2007 New Civil Case Filed This Date.
(Primary attorney) Send Notices
No Judge,
Date: 1,0/25/JO07 Dauphin County User: JMAURER
Time: 11:37 AM Complete Case History
Page 2 of 2 Case: 2007-CV-10687-NT
Baldwin Security Bvs.MPA Properties
Register of Actions
10/12/2007 Filing: Complaint with Confession of
Judgment Paid by: Gates Halbruner &
Hatch Receipt number: 0143069 Dated:
10/12/2007 Amount: $33.00 (Check)
On Complaint filed Judgment in
favor of Plaintiff and against Defendant in
the sum of Forty-One Thousand Two
Hundred Fifteen and 30/100 Dollars
($41.215.30)
by virtue of authority contained in the
Warrant of Attorney
filed dated 4/25/07
payable See Note with interest, costs,
etc. ---- for colt'n.
Inquisition and Exemption Waived.
Entered At 10:51 a.m.
Stephen E. Farina, Prothonotary
Copies of all documents mailed.
Defendant: M P A Properties Attorney of
Record: Clifton R Guise
Plaintiff: Baldwin Security B Attorney of
Record: Clifton R Guise
Judgment
Order date In Favor Of ; Disposition
10/12/2007 Plaintiff 10/12/2007 Open
Comment: 41215.30
Plaintiff: Baldwin Security B
Defendant: MPA Properties
I hereby certify that the f
trueAmd corlict coav of
No Judge,
No Judge,
No Judge,
No Judge,
Judgment
Judgment 11111119 WOOER A I
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Clifton R. Guise, Esq.
ID No. 93537
GATES, HALBRUNER & HATCH, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Telephone: (717) 731-9600
Facsimile: (717) 731-9627
E-mail: c.guise@gateslawfirm.com
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BALDWIN SECURITY B, L.P.
Plaintiff
VS.
M.P.A. PROPERTIES, LLC a/k/a
M.P.A. PROPERTIES, L.L.C.,
Defendant
: DOCKET NO:
: CIVIL, ACTION
To M.P.A. Properties, LLC a/k/a M.P.A. Properties, L.L.C., Defendant,
You are hereby notified that on Od 3b , 2007, the following Judgment has been
entered against you in the above-captioned case.
Judgment has been entered against you in the amount of $41,215.30 plus additional interest and
costs from October 12, 2007.
c ,
DATE: i o /86 107
Prothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
M.P.A. Properties, LLC
c/o Mikail Ocean, Member
950 Walnut Bottom Road
Suite 15-114
Carlisle, PA 17015
Respectfully submitted,
Gates, Halbruner & Hatch, P.C.
Date: October _4_1 2007 By:
i n R. Guise, Esq. ID #93537
1 3 Mumma Road, Suite 100
Lemoyne, PA 17043
Attorneys for Plaintiff, Baldwin Security B, LP
!./ ` Y
A: M.P.A. Properties, LLC a/k/a M.P.A. Properties, L.L.C., Defendido/a
Defendidos/as
Por este medio se le esta notificando que el de del el/la
siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe.
Judgment has been entered against you in the amount of $41,215.30 plus additional interest and
costs from October 12, 2007.
FECHA:
Certifico que la siguiente direccion es la del defendido/a sigun indicada en el
certificado de residencia:
M.P.A. Properties, LLC
c/o Mikail Ocean, Member
950 Walnut Bottom Road
Suite 15-114
Carlisle, PA 17015
Abogado del Demandante
Prothonotario
Respectfully submitted,
Gates, Halbruner & Hatch, P.C.
Date: October 71 , 2007 By:
r
TR. Guise, Esq. ID 493537
Mumma Road, Suite 100
yne, PA 17043
neys for Plaintiff, Baldwin Security B, LP
Clifton R. Guise, Esq.
ID No. 93537
GATES, HALBRUNER & HATCH, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Telephone: (717) 731-9600
Facsimile: (717) 731-9627
E-mail: c.guise@gateslawfirm.com
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL ACTION
BALDWIN SECURITY B, L.P.
Plaintiff
VS.
M.P.A. PROPERTIES, LLC a/k/a
M.P.A. PROPERTIES, L.L.C.,
Defendant
q5o tx)aJnut Bafbrn RA , ,?)uiie is 114
lisle , PA , 1 "1o15
DOCKET NO: 07-6369 Civil Term
Confession of Judgment
Amount Due: $41,215.30
Interest: $ 496.64*
Attorney's Commission $ 49.66
Cost/Fees: $
*Interest from 10/9/07 through 11/9/07 at $15.52
per diem
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
The undersigned hereby certifies that the below does not arise out of a retail installment
sale contract, or account based on a confession of judgment, but if it does, it is based on the
appropriate original proceeding filed pursuant to act 7 of 1966 as amended, and for real property
pursuant to Act 6 of 1974 as amended.
Issue Writ of Execution in the above matter,
1. directed to the Sheriff of Cumberland County, for debt, interest and costs;
2. against M.P.A. Properties, LLC a/k/a M.P.A. Properties, L.L.C., defendant,
including specifically its membership interests in (i) Baldwin/MPA JV 1, LLC, (ii) Baldwin/MPA
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JV2, LLC, (iii) Baldwin/MPA JV4, LLC, (iv) Baldwin/MPA JV5, LLC, (v) Baldwin/MPA JV6,
and Baldwin/MPA JV8, LLC; and
3. against Citizens Bank of Pennsylvania, as garnishee, at 665 North East Street,
Carlisle, Pennsylvania 17013, as garnishee for all accounts held by garnishee including all
savings, checking and other accounts, certificates of deposit, notes receivable, collateral, pledges,
documents of title, securities, coupons and safe deposit boxes, especially account no.
6212087230;
4. against Graystone Bank, garnishee; 3599 Gettysburg Road, Camp Hill,
Pennsylvania, as garnishee for all accounts held by garnishee including all savings, checking and
other accounts, certificates of deposit, notes receivable, collateral, pledges, documents of title,
securities, coupons and safe deposit boxes, especially account no. 1880000255;
5. and index this writ
a. against M.P.A. Properties, LLC a/k/a M.P.A. Properties, L.L.C, defendant, and
b. against Citizens Bank of Pennsylvania, as garnshiee as a lis pendens against
property of the defendant held by garnishee.
c. against Graystone Bank, as garnishee as a lis pendens against property of the
defendant held by garnishee
Respectfully Submitted,
GATES, HALBRUNER & HATCH, P.C.
Dated: November 14 , 2007 By:
fton 46451?s-e, Esquire
Attorneys for Plaintiff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-6369 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BALDWIN SECURITY B, L.P., Plaintiff (s)
From M.P.A. PROPERTIES, LLC a/k/a M.P.A. PROPERTIES, L.L.C., 950 Walnut B ottom Rd.,
Suite 15-114, Carlisle, PA 17015
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
CITIZENS BANK OF PA, 665 North East Street, Carlisle, PA 17013
all accounts held by garnishee including all savings, checking and other accounts, certificates of
deposit, notes receivable, collateral, pledges, documents of title, securities, coupons and safe deposit
boxes, especially account no. 6212087230
GRAYSTONE BANK, 3599 Gettysburg Road, Camp Hill, PA
all accounts held by garnishee including all savings, checking and other accounts, certificates of
deposit, notes receivable, collateral, pledges, documents of title, securities, coupons and safe deposit
boxes, especially account no. 1880000255
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 $41,215.30
L.L. $.50
Interest from 10/09/07 through 11/09/07 at $15.52 per diem -- $496.64
Atty's Comm %
Atty Paid $56.00
Plaintiff Paid
Date: 11/21/07
(Seal)
Due Prothy $2.00
Other Costs
CurtK R. Long, Pro of
By:
Deputy
REQUESTING PARTY:
Name CLIFTON R. GUISE, ESQUIRE
Address: GATES, HALBRUNER & HATCH, P.C.
1013 Mumma Road, Sutie 100
LEMOYNE, PA 17043
Attorney for: PLAINTIFF
Telephone: 717731-9600
Supreme Court ID No. 93537
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL DIVISION
BALDWIN SECURITY B, LP,
Plaintiff(s),
vs.
MPA PROPERTIES, LLC,
Defendant(s),
VS.
Citizens Bank of Pennsylvania,
Garnishee.
07-6369
Answers to Interrogatories
Code: 200 Execution
Filed on Behalf of Garnishee,
Citizens Bank of Pennsylvania
Counsel of Record for
this Party:
Nicholas Deenis, Esquire
PA I.D. No. 62378
2600 One Commerce Square
Philadelphia, PA 19103 - 7098
(215)-564-8142
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL DIVISION
BALDWIN SECURITY B, LP
Plaintiff(s),
VS.
MPA PROPERTIES, LLC
Defendant(s),
and
Citizens Bank of Pennsylvania,
Garnishee.
07-6369
ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK
The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of
the Plaintiff(s):
(NUMBERS _I_ to _9_) At the time of service of above-captioned Writ of Execution
and to the present, Citizens Bank of Pennsylvania, provides the following Answers to
Interrogatories:
The Garnishee, Citizens Bank of PA, states that it maintains no deposit accounts in the name
of the Defendants, M.P.A. Properties, LLC., accordingly, no funds are being held subject to
this Writ of Execution.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS:
Before me, the undersigned authority, a Notary Public in and for said
Commonwealth and County, personally appeared Marjorie Morris who being duly sworn
according to the law deposes and says that she is the clerk of, Operations Services, and that
the statements set forth in foregoing Answers to Interrogatories are true and correct to the
best of her knowledge, information, and belief.
Sworn and subscribed before
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Bruce D. Mountjoy, Notary Public
q ptftqburgh, AlleghenY County
my commission Expires May 15, 2010
Member, Pennsylvania Association of Notaries
me this Z day of
?"?? S , 2007.
Certificate of Service
I, Marjorie Morris, hereby iMit? fy that a true and correct copy of the Answers to
Interrogatories has b en served up e following by depositing it in the U. S. Mail, postage
prepaid, this day of , 2007 .
GATES HALBRUNER & HATCH, PC
1013 MUMMA ROAD
LEMOYNE, PA 17043
M.P.A. PROPERTIES, LLC AKA
M.P.A. PROPERTIES
`a
C-j
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06369 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
BALDWIN SECURTIY BLP
VS
MPA PROPERTIES LLC ET AL
And now TIM BLACK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0012:00 Hours, on the 12th day of December-, 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
M P A PROPERTIES LLC AKA
M.P.A. PROPERTIES L.L.C. , in the
hands, possession, or control of the within named Garnishee
GRAYSTONE BANK 3599 GETTYSBURG RD
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
JULIE PILGER (TELLER)
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
.00
.00
true
and made
So answers :"r
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
00 V
12/13/2007
day of By
Deputy Sheriff
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-06369 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
BALDWIN SECURTIY BLP
VS
MPA PROPERTIES LLC ET AL
And now DAVID MCKINNEY
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:35 Hours, on the 5th day of December-, 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
M P A PROPERTIES LLC AKA
M.P.A. PROPERTIES L.L.C. , in the
hands, possession, or control of the within named Garnishee
CITIZENS BANK OF PA 665 NORTH EAST ST
CARLISLE, PA 17015
Cumberland County, Pennsylvania, by handing to
KAREN DEITZ (TELLER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
true
and made
the contents there of known to Her .
Sheriff's Costs: So answer-ae
Docketing .00
Service .00 !
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
0 0 ?/-J7
12/13/200
Sworn and Subscribed to
before me this day of
A.D
B
Y
Deputy Sheriff
Carl D. Lundblad, Esquire
Attorney I.D. No. 80059
GRAYSTONE BANK
112 Market Street
Harrisburg, Pennsylvania 17101
Attorney for Graystone Bank
BALDWIN SECURITY B, L.P.:
Plaintiff
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
M.P.A PROPERTIES, LLC a/k/a
M.P.A PROPERTIES, L.L.C.,
Defendant NO.: 07-6369 CIVIL TERM
and
GRAYSTONE BANK,
Garnishee
ANSWERS AND NEW MATTER TO INTERROGATORIES
IN ATTACHMENT ADDRESSED TO GARNISHEE,
GRAYSTONE BANK
' ///"J? "o?
By: /Y,> , - - ?
Carl D. Lundblad, Esq.
General Counsel
Graystone Bank
112 Market Street
Harrisburg, PA 17101
(717) 724-4655
Attorney for Garnishee,
Graystone Bank
GARNISHEE'S ANSWERS TO INTERROGATORIES
1 a. At the time you were served or at any subsequent time did you owe the defendant any money
or were you liable to defendant[s] on any negotiable or other written instrument, or did
defendant[s] claim that you owed him any money or were liable to defendant[s] for any
reason?
ANSWER: No. However, Graystone Bank (the "Bank") maintains the following
account for the party indicated:
MPA Properties LLC
950 Walnut Bottom Rd, St15-114
Carlisle, PA 17015
Checking Account #1810000255
Balance as of December 12, 2007 - ($110.93)
Balance as of December 20, 2007 - ($140.93)
The additional negative balance consists entirely of bank fees.
b. To the extent that your above answer depends in whole or part on documents, account
records, other papers, or electronic data, describe each in exact detail (or attach a copy of
the same).
ANSWER: Bank signature card of MPA Properties LLC.
2.a. 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 or more other persons
any property of any nature owned solely or in part by the defendant[s]?
ANSWER: No. However, the Bank maintains the following account for the party
indicated:
MPA Properties LLC
950 Walnut Bottom Rd, St15-114
Carlisle, PA 17015
-2-
Checking Account #1810000255
Balance as of December 12, 2007 - ($110.93)
Balance as of December 20, 2007 - ($140.93)
The additional negative balance consists entirely of bank fees.
b. To the extend that your above answer depends in whole or part on documents, account
records, other papers, or electronic data, describe each in exact detail (or attach a copy of
the same).
ANSWER: Bank signature card of MPA Properties LLC.
3a. 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?
ANSWER: No.
b. To the extent that your above answer depends in whole or part on documents, account
records, other papers, or electronic data, describe each in exact detail (or attach a copy of
the same).
ANSWER: Not applicable.
4a. At any 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.
b. To the extent that your above answer depends in whole or part on documents, account
records, other papers, or electronic data, describe each in exact detail (or attach a copy of
the same).
ANSWER: Not applicable.
-3-
5a. 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 directions or consent and if so what
was the consideration thereof?
ANSWER: The defendant has made payments to the Bank pursuant to (i) a
commercial term loan, account # 4000003366, which loan is secured by
certain mortgages and. assignments of rents and the assignment of a certain
life insurance policy all dated as of June 29, 2007, and (ii) a business line
of credit, account # 4000003369, secured by the assignment of a certain
life insurance policy, June 29, 2007
b. To the extent that your above answer depends in whole or part on documents, account
records, other papers, or electronic data, describe each in exact detail (or attach a copy of
the same).
ANSWER: See Answer to 5.a. above.
6a. At the time you were served or at any subsequent time did you pay, transfer or deliver any
money or property of any nature to the defendant[s]?
ANSWER: No.
b. To the extent that your above answer depends in whole or part on documents, account
records, other papers, or electronic data, describe each in exact detail (or attach a copy of
the same).
ANSWER: Not applicable.
7a At the time you were served or at any subsequent time did you pay, transfer or deliver any
money or property of any nature to any person, entity, or place pursuant to the direction of, or
undertaking for, the defendant[s], e.g., lease payments, loan payments?
ANSWER: No.
-4-
b. To the extent that your above answer depends in whole or part on documents, account
records, other papers, or electronic data, describe each in exact detail (or attach a copy of
the same).
ANSWER: Not applicable.
8a At the time you were served or at any subsequent time did you have, share, or utilize any safe
deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or
collateral in which there was an interest claimed by the defendant[s]?
ANSWER: The defendant is obligated to the Bank pursuant to (i) a commercial term
loan, account # 4000003366, which loan is secured by certain mortgages
and assignments of rents and the assignment of a certain life insurance
policy all dated as of June 29, 2007, and (ii) a business line of credit,
account # 4000003369, secured by a certain life insurance policy, June 29,
2007
b. To the extent that your above answer depends in whole or part on documents, account
records, other papers, or electronic data, describe each in exact detail (or attach a copy of
the same).
ANSWER: See Answer to 8. a. above.
9a. Identify every account (not previously noted) titled in the name of defendant[s] in which you
believe defendant[s] have an interest in whole or part, whether or not styled as a payroll
account, individual account, individual retirement account, tax account, lottery account,
partnership account, joint or tenants by entirety account, insurance account, trust or escrow
account, attorney's account, or otherwise.
ANSWER: None.
b. To the extent that your above answer depends in whole or part on documents, account
records, other papers, or electronic data, describe each in exact detail (or attach a copy of
the same).
ANSWER: Not applicable.
-5-
NEW MATTER
1. Pursuant to the Bank's Consumer Fee Schedule relating to the account(s) referred to
in the Bank's Answers to Interrogatories above, defendant is obligated to the Bank for a "Writ of
Execution" fee of $250.00, plus attorney fees, relating to this matter. The Bank hereby claims its
right to set-off such amounts owed by Defendants to the Bank from any amount claimed by
Plaintiff.
2. The Bank has incurred and will incur attorney fees in the amount of $200.00 in
preparation and investigation of the Answers to Interrogatories and in the general handling of this
matter.
3. Pursuant to 42 Pa. Con. Stat. Ann. §2503(3), Bank, as Garnishee, is entitled to
reasonable counsel fees as a matter of law.
WHEREFORE, Bank, Garnishee in this matter, prays that the Court authorize the set-off
of the $250.00 writ of execution fee and assess and award reasonable counsel fees as permitted by
law in the amount of $200.00 to be set-off from the amounts claimed by Plaintiff.
Respectfully submitted,
GRAYSTONE BANK
By: Zf&Y42?????
Carl D. Lundblad
Attorney I.D. No. 80059
112 Market Street
Harrisburg, PA 17101
(717) 724-4655
Attorney for Garnishee,
Graystone Bank
Date: December 21, 2007
-6-
VERIFICATION
Understanding that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4944, Unworn Falsification to Authorities, I verify that I am a defendant in the above matter and
that after that, after inquiry, the facts set forth in the foregoing answers to postjudgment
interrogatories are true, correct, and complete to the best of my knowledge, information, and
beliefe.
1
' Zl z-70 7
Date:
Name: Howard Stein, Senior Vice President
-7-
CERTIFICATE OF SERVICE
I hereby certify that on December <27 , 2007, a copy of the foregoing Answers to
Interrogatories in Attachment Addressed to Garnishee, Graystone Bank, was served upon the
persons and in the manner listed below:
Service by U. S. first class mail as follows:
Gates Halbruner & Hatch PC
Clifton R Guise, Esq
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
MPA Properties, LLC
950 Walnut Bottom Road, Suite 15-114
Carlisle, PA 17015
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs: Advance Costs: 250.00
Sheriff's Costs 151.47
Docketing 18.00 98.53
Poundage 2.97
Advertising
Law Library .50
Prothonotary 2.00 Refunded on 07/29/08
Mileage 20.00
Misc.
Surcharge 50.00
Levy 40.00
Post Pone Sale
Certified Mail
Postage
Garnishee 18.00
TOTAL 151.47 ?/?Sl?4?d$ So sw s,
R. Thomas Kline, Sheriff
By
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WRIT OF EXECUTION and/or ATTACH1t1ENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-6369 Civil
CIVIL: ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BALDWIN SECURITY B, L.P., Plaintiff (s)
From M.P.A. PROPERTIES, LLC a/k/a M.P.A. PROPERTIES, L.L.C., 950 Walnut B ottom Rd.,
Suite 15-114, Carlisle, PA 17015
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
CITIZENS BANK OF PA, 665 North East Street, Carlisle, PA 17013
all accounts held by garnishee including all savings, checking and other accounts, certificates of
deposit, notes receivable, collateral, pledges, documents of title, securities, coupons and safe deposit
boxes, especially account no. 6212087230
GRAYSTONE BANK, 3599 Gettysburg Road, Camp Hill, PA
all accounts held by garnishee including all savings, checking and other accounts, certificates of
deposit, notes receivable, collateral, pledges, documents of title, securities, coupons and safe deposit
boxes, especially account no. 1880000255
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 $41,215.30
L.L. $.50
Interest from 10/09/07 through 11/09/07 at $15.52 per diem -- $496.64
Atty's Comm %
Atty Paid $56.00
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 11/21/07
(Seal)
Curtis . Long, Protho 0
By:
Deputy
REQUESTING PARTY:
Name CLIFTON R. GUISE, ESQUIRE