HomeMy WebLinkAbout08-1894ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159 Attorney for Plaintiff
JIM BISHOP CABINETS, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff Cumberland COUNTY, PENNSYLVANIA
v NO. 0$ 199
SARAGO ENTERPRISES, LLC d/b/a
SARAGO'S BIG UGLY WAREHOUSE, CIVIL ACTION - LAW
LLC
Defendant(s)
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
Avlso
LISTED 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 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
JIM BISHOP CABINETS, INC. `•. IN THE COURT OF COMMON PLEAS OF
Plaintiff Cumberland COUNTY, PENNSYLVANIA
v NO.
SARAGO ENTERPRISES, LLC d/b/a
SARAGO'S BIG UGLY WAREHOUSE, CIVIL ACTION -LAW
LLC
Defendant(s)
COMPLAINT
The Plaintiff, JIM BISHOP CABINETS, INC., by its attorneys, KODAK & IMBLUM,
P.C., brings this action of Assumpsit against the Defendants to recover the sum of
THIRTEEN THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS AND EIGHTY-TWO
CENTS ($13,715.82), along with interest thereon at the statutory rate from July 5, 2007,
upon a cause of action of which the following is a statement:
1. The Plaintiff, JIM BISHOP CABINETS, INC., is a corporation organized and existing
under the laws of the State of Alabama, having its principal office and place of
business at 5640 Bell Road, Montgomery, AL 36111.
2. The Defendant, SARAGO ENTERPRISES, LLC d/b/a SARAGO'S BIG UGLY
WAREHOUSE, is a limited liability company organized and existing under the laws
of the Commonwealth of Pennsylvania, having its principal office and place of
business at 5267 Simpson Ferry Road, Mechanicsburg, Cumberland County,
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\JIM BISHOP CABINETS 34055.wpd
2
Pennsylvania 17050.
3. On or about April 10, 2006, Defendants submitted a Credit Application to Plaintiff,
which credit was granted to Defendants, a true and correct copy of which is
attached hereto, marked Exhibit "A" and made a part hereof.
4. On the dates, in the amounts, and for the prices set forth in a true and correct copy
of the Plaintiffs Statement of Account hereto attached, marked Exhibit "B" and
made a part hereof, Plaintiff, at the special instance request of the Defendants, sold
and delivered goods, wares and merchandise of the kind and description set forth
on said Exhibit to the total amount of Eleven Thousand Four Hundred Twenty-Nine
Dollars and Eighty-Five Cents ($11,429.85).
5. 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
Defendants promised and agreed to pay to Plaintiff.
6. The balance due and owing by Defendants to Plaintiff is the sum of Eleven
Thousand Four Hundred Twenty-Nine Dollars and Eighty-Five Cents ($11,429.85),
as, appears by Exhibit "B" attached hereto.
7. Due to the default of Defendants, and pursuant to the terms and conditions of the
F:\ USER\ ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\JIM BISHOP CABINETS 34055.wpd 3
Credit Application executed by Defendants hereto attached as Exhibit "A", attorney's
fees in the total amount of Two Thousand Two Hundred Eighty-Five Dollars and
Ninety-Seven Cents ($2,285.97) have been added to said account.
8. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature
of same and have previously been provided to Defendants.
9. Plaintiff frequently demanded payment from Defendants of said amount due and
owing as aforesaid, but Defendants refused and neglected and still refuses and
neglects to pay said amount or any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of
THIRTEEN THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS AND EIGHTY-TWO
CENTS ($13,715.82), together with interest as set forth herein.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\JIM BISHOP CABINETS 34055,wpd 4
Respectfully submitted,
rNz
P.O. Box 11424 Jim Bishop Cabinets, Inc. Phone: (800) 410-2444
Montgomery, AL 36111-0424 Fax: (334) 613-2008
APPLICATION FOR CREDIT
To help us establish an account in your wmptiny name and to expedite processing of your initial orders, plea." CII in du fol)owing statement
completely and return it as quickly as possible. Please attach a recent Fiaaeela) Stntement. This Information will be held In strictest
confidence. f,.n'?r? 1S?S1 LL.C.
Firm Name dam;"elephoneNumber x$91-3jy
Street Address 5 0-7 ? mCr-, _gt=W R&-,--_Fax Number 71"?-S?j -p9.
City}( te-C,6„r state PR Zipr7t-vSn
Email Address All invoices and emails will be sent to this address)
Nextel / Mobile Number C,' trfs '7r7-&qS'-3133 Cost Multiple l / Sales Rep-x&--
Your Billing Address Your Shipping Address
5A>< t?t eQ ' 5m we dam- v Enclerpr 15e51 LLC-
.Firm tlrt??notY?C. Firm j oehovyt?
Address Address
. ii City, State, Zip ma-An ni ???^j?rta. PW /7a9D
City, State, Zip 3D
Phone 17 - 1 - 3dmU 'IF Officers Pros
Purchasing Agent Leri.zi'. MT0"11 S?rgo V.P.
Manager 55 ??4?1e?- c1 'areas
!?LLC.
Circle Kitchen Stocking Tome Distributor Building
One Dealer, Dealer Builder Products
Corporation Pa-RW1`sfip Proprietorship Year Business Started c2p-5'
St Incorporated Home Office Locution Credit,tAmount Requested Sio, a»co
Anticipated Monthly Open 30 Day Balance S -74 DP30 Establish COD Only ruts
Net Worth (Total Assets minus Liabilities) ,S'L,2.m:// Liquid Assets a- ,???^p
Has this company or arty of. the principles ever filed for any type of bankruptcy? r yes
is this company or any of the principles a defendant in arty suit or legal action? yes to
Accounts Payable Contacts ,r±r+ all M?;)?- rt»n
Preferred Shipping And Routing
Please circle ordering preference email fax
en Credit Approval (Approx 30 Days)
KLrw tip
Initial Order Attached: Ship COD Ho
In considersation of, and in order to induce you to ests sh nn open account line of credit based on dic foregoing application, the
undersigned promises to pay formonthly purchases in accordance with your forms of sues. Vat any time, for sny mason, the undowiped is
unable to pay for monthly pueohasm when due, the undersigned agrees to pay and autharlzas you to bill my/our account interest computed at
the legal rate against nay past due amount owing on my/our account. Tit the event It becomes necessary fbt your company to incur collection
costs or institute suit to collect any amount due under this agreement, or any portion tliereaf, the undersigned promises to pay such additional
collection costs, charges and expenses, Including reasonable attoracy'a fees if the account is placed in the hands of an attorney for collection.
Firm
Signature A
Date Signed_ L l0lcce
PLEASE INCLUDE BELOW A MAP OR DIRECTIONS
ALONG WITH PHONE NUMBERS FOR FUTURE
DELIVERIES.
(Please note: The application will not be processed undi directions are received.)
vYte- Q.S ?-?'t rSC,r 'Br0 5 . I loo (? uq,re,?oJ
Jim Bishop Cabinets, Inc.
P.O. Box 11424
Montgomery, AL 36111-0424
334-288-1381
Effective August 31, 1995, our U.S. Occupational Safety and Health regulations board will require wamings for downstream
workers exposed to products that release wood dust. You need to provide the Material Safety Data Sheet (MSDS) one time to
your customer. It is the responsibility of your customer to get the information to workers actually exposed to the wood dust.
This information was provided to Jim Bishop Cabinets, Inc. by the KCMA.
Wood Dust (MSD) = Particles generated by any manual or mechanical cutting or abrasion process performed on wood.
Specific gravity is variable. Insoluble. Light to dark colored granular solid. Autoignition Temperature is variable (400-500
degrees). Explosive limits in air is 40 grams/m3. Extinguishing media is water, C02, sand. Use water to wet down wood
dust to reduce the likelihood of ignition or dispersion of, dust into the air. Remove burned or wet dust to open area after fire is
extinguished. Wood dust is a strong to severe explosion hazard if a dust "cloud" contacts an Ignition source. Wood dust can
cause eye irritation. Various species of wood dust can elicit allergic contact dermatitis in sensitized individuals. Inhalation
may cause nasal dryness, irritation and obstruction. Coughing, wheezing a0d sneezing, sinusitis and prolonged colds have
also been repotted. Wood dust, depending on species, may cause dermatitis on prolonged, repetitive contact, may cause
respiratory sensitization and/or irritation. Prolonged exposure to wood dust has been reported by some observers to be
associated with nasal cancer. Wood dust is listed as a carcinogen by the IARC. The IARC reported an increase of a rare form
of nasal cancer, nasal adenocarcinoma, in workers mainly in Europe exposed to wood dust. Wood dust is stable under normal
conditions. Avoid contact with oxidizing agents and drying oils. Avoid open flame. Product may ignite at temperatures in
excess of 400 degrees. Hazardous decomposition, thermal oxidative degradation of wood produces irritating and toldc fumes
and gases, including CO, aldehydes and organic acids. Avoid eye contact. Avoid repeated or prolonged contact with skin.
Careful bathing and clean clothes are indicated after exposure. Avoid prolonged or repeated breathing of wood dust in the air.
Avoid contact with oxidizing agents and drying oils. Avoid open flame. Provide adequate general and local exhaust
ventilation to maintain healthful working conditions. Wear goggles or safety glasses. Other protective equipment such as
gloves and approved dust respirators may be needed depending upon dust conditions. Sweep or vacuum spills for recovery or
disposal: avoid creating dust conditions. Provide good ventilation where dust conditions may occur. Place recovered wood
dust in container for proper disposal.
EM1 OENCY AND FIRST A1D PROCEDURES
Flush eyes out with water to remove dust particles. if irritation persists, get medical attention.
If a skin rash or persistent irritation or dermatitis occur, get medical advice where applicable before returning to work where
wood dust is present. Tf inhalation occurs remove to fresh air. If persistent irritation, severe coughing, or breathing difficulties
occur, get medical advice before returning to work where wood dust is present.
TMPORTANT: The information and data contained herein are believed to be accurate and have been compiled from sources
believed to be reliable. It is offered for your consideration, investigation and verification. KCMA and JBC nwJce no warranty
of any kind, exprossed or implied, concerning the aecurmey or completeness of the information and data herein. KCMA and
JBC will not be liable for claims relating to any party's use of or reliance
on information and data contained herein regardless of whether it is claimed that the information and data are inaccurate,
incomplete or otherwise misleading.
OSHA has taken the time to warn us of the many hazards of wood dust. Please take the time to thoroughly pass this useful
information on to all those coming into contact with this material. If additional information is needed please canted OSHA.
I have read the above wood Aature arn. gs and understand that it is my responsibility to relate the message to my customers
and workers. Da
TRADE REFERENCES: (Please print neatly and please include foe numbers)
NAME e?xMCQ. =rte . PRONE 717 • -i 1--986*S FAX
5aG?7 ?Im? wry I?L?cL
gCb&6e-jAAvjrG- EE 10-51) ADDRESS nl 7 coNTACT?Wgnr 177?r
NAML i?r«nc _PHONE?7-?dR7-?3''? FAX
Swy w,-T:,-n-41e- Q
ADDREs5 cowAcT-72?m?/Vzlw -
NAME b3. k. DDo-n °?_. P?ONE71??9'73•dI?AX
,3? and I .
ADDRESS tJdc Xvrn?¢??urr . PA 1'7n7r? CONTACT 'c?G dno?J
NAME ?,r ccxne N-o loj lo. Co. PHO r AX
lo/ L;nCo/n f4wjl/
ADDRESS "fin n oPfk- PA l SII g CONTACT all
BANK rOViNtE% Ce. 20?Ck. A.RANCH
ADDRESS IW :5P11Q-k PNP-, lnnM-Q Wk-k PR„I:ZQII
LOAN OFFICER ,4M jk: , ? PHONE
M-0(3? -- ODOC4
Jim Bishop Cabinets, Inc
COMPANY NAME
AMOUNT OF CREDIT REQUESTED
DUNN AND BRADSTREET:
PAYDEX
UCC FILIINGS.
LAW SUITS PE
BANKRUPTCY
JUDGEMENTS
EQUIFAX:
P.O. Box 11424
Montgomery, AL 88111
Phone 800.410-2444
Fax 834-813-2008
BEACON SCORE
JUDGEMENTS
BANKRUPTCY
TRADE REFERENCES:
Z:?- ) 3 ? -?
YEARS IN BUSINESS UC
COLLECTIONS
LIENS
HIGH CREDIT BALANCE PAST DUE
HIGH CREDIT BALANCE PAST DUE
HIGH CREDIT BALANCE PAST DUE
HIGH CREDIT BALANCE PAST DUE
CREDIT LIMIT 00 TERMS N t
x
a
.b?
CREDIT ANAGER DATE
?ovJc r? 0v?
?J
U S J, ?tq m-? Cru1,°?-
v? I ? WQr?,y?D ?s
Lima,
CREDIT INVESTIGATION SHEET
SARAGO'Sr BIG UGLY WAREHOUSE Detail Aging Report
Customer Number & Name Inv Date Inv No Current 30-60 Days 60-90 Days 90+ Days Total Due
[1374) SARAGO'S BIG UGLY WAREHOU:01/18/2007 371012 $8,160.94 $8,160.94
01/18/2007 371013 $394.99 $394.99
01/24/2007 371754 $18.59 $18.59
01/26/2007 372345 $323.44 $323.44
02/01/2007 372771 $780.19 $780.19
02/01/2007 372775 $924.93 $924.93
02/01/2007 372776 $40.22 $40.22
02/02/2007 373122 $99.89 $99.89
04/30/2007 383063 $161.15 $161.15 LC
05/11/2007 384659 $136.25 $136.25
05/31/2007 386870 $161.15 $161.15 LC
06/05/2007 387230 $228.11 $228.11
[1374] SARAGO'S BIG UGLY WAREHOUSE Sub Totals: $0.00 $0.00 $0.00 $11,429.85 $11,429.85
Grand Totals: $0.00 $0.00 $0.00 $11,429.85 $11,429.85
Page 1 of 1 Printed at [ 09:13:14 AM ] on [ 09/13/2007 ]
AFFIDAVIT OF CLAIM
STATE OF
COUNTY OFo
) ss.
Before me, on this day personally appeared rr s {--m who,
being by me duly sworn, states on oath that he/she is:
1. An individual trading as:
(Trade Style if used - Otherwise Owner's Name)
2. Agent of
(Name of Firm)
A co-partnership composed of
(Name of Partners)
and that he/she is duly qualified and authorized to make this affidavit.
3. Agent of
(Name of CorporCtion)
A corporation duly incorporated and existing under and by virtue of the laws of the
State ofa , within its rinci place of business in the City of
County of State of
and that he/she is duly qualified and authorized to make
this affidavit.
4. That the annexed amount, claim and cause of action in favor of
and against
in the sum of 4 11 `651 ` 1 -, is within the knowledge of affiant
just and true, and t flat is due and that all just and lawful offsets, payments and
credits have been allowed.
Subscribed and sworn to before me this 3 day of
Notary Public
My Commission Expires: 8 ? as#wl
VERIFICATION
I, ROBERT D. KODAK, state that I am not a party to the action but that, at the
request of the Plaintiff, JIM BISHOP CABINETS, INC., and based upon knowledge,
information, records and documents supplied to me by the Plaintiff, the averments set forth
in Plaintiffs Complaint are true. A Verification executed by the Plaintiff can be supplied at
time of trial or upon request.
I understand that false statements herein are made subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsification to authorities.
Robe D. Kodak, Esquire
Dated:
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ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(17) 238-7159 Attorney for Plaintiff
JIM BISHOP CABINETS, INC. IN THE COURT OF COMMON PLEAS
Plaintiff Cumberland COUNTY, PENNSYLVANIA
v
SARAGO ENTERPRISES, LLC d/b/a
SARAGO'S BIG UGLY WAREHOUSE,
LLC
Defendant(s)
NO. 08-1894 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Please substitute the attached Verification to Plaintiff's Complaint which was filed
on March 25, 2008, to the above term and number.
Respectfully submitted,
KODAK BLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
P.O. Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney I.D. No. 18041
Attorney for Plaintiff
FEB-29-2008 12:52
r,
KNUPP KODAK & IMBLUM
VERIFICATION
AqQF W4r1??
(name)
of JIM BISHOP CABINETS, INC., verify that the statem
document are true and correct. I understand that false states
to the penalties of 18 Pa. C. S. §4904, relating to unswom
i
By:
Title:
Dated:
717 238 7158 P.07
u1 Jtic t -,
(,sae)
made in the aforegoing
is herein are made subject
ification to authorities.
, INC.
[RECEMV?EUI
MAR Y 7 70834055
1
BY' arago
TOTAL P.07
P%3
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01894 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JIM BISHOP CABINETS INC
VS
SARAGO ENTERPRISES LLC ET AL
NOAH CLINE , Sheriff o
Cumberland County,Pennsylvania, who being
says, the within COMPLAINT & NOTICE
SARAGO ENTERPRISES LLC D/B/A SARAGO'S BIG
DEFENDANT , at 1200:00 HOURS, on the
at 5267 SIMPSON FERRY ROAD
r Dep
duly
was
UGLY
27th
aty Sheriff of
sworn according to law,
served upon
WAREHOUSE the
day of March , 2008
MECHANICSBURG, PA 17050 by handing to
LYNN WEGILL, SALES, ADULT IN CHARGE
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
Postage
Surcharge
*31U8 -/'-
So Answers:
6 ;r
18.00
.58 }
10.00 R. Thomas Kline
.00
38.18 03/28/2008
KODAK & IMBLUM
Sworn and Subscibed to
before me this
of
2y: day Deputy Sheriff
A. D.
a
JIM BISHOP CABINETS, INC. ; IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V NO. 2008-01894 CIVIL TERM
SARAGO ENTERPRISES, LLC d/b/a
SARAGO'S BIG UGLY WAREHOUSE, CIVIL ACTION - LAW
LLC
Defendant(s)
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s) SARAGO ENTERPRISES,
LLC d/b/a SARAGO'S BIG UGLY WAREHOUSE, LLC, named for failure to file within
the required time an Answer to the Complaint in the above-captioned case and assess the
Plaintiffs damages as follows:
Amount claimed in Plaintiffs Complaint
$13,715.82
Interest at the statutory rate of 6% per annum from July 5, 2007 737.24
Total =
$14,453.06
It is hereby certified that a written Important Notice of intention to file this Praecipe was
mailed to the Defendant(s) or his attorney of record, after the default occurred and at least
ten (10) days prior to the date of the filing of this Praecipe (copy attached).
KODAK & IMBLUM, P.C.
By
Robert D. Kodak, Attorney for Plaintiff
DATED: Judgment entered and damages assessed as above.
P othono
Robert D. Kodak
Gary J. Imblum
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
kkL1aw®verizon.net
April 28, 2008
SARAGO ENTERPRISES LLC d/ b/ a
SARAGO'S BIG UGLY WAREHOUSE
5267 SIMPSON FERRY ROAD
MECHANICSBURG PA 17050
FILL
CVye59
Facsimile
717.238.7158
RE: Jim Bishop Cabinets, Inc.
VS: Sarago's Enterprises, LLC dba Sarago's Big Ugly Warehouse, LLC
No. 2008-01894 Civil Term, Court of Common Pleas
Cumberland County, Commonwealth of Pennsylvania _
Our File No. 34055
Greetings:
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are
enclosing herewith a Notice of a Praecipe for Entry of Default Judgment According to the
records as they are found in the Office of the Prothonotary of Cumberland County, you
have not filed responsive pleadings to the Complaint filed against you to the above term
and number, nor has any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if
you do not take action as set forth in this Notice, we, at the expiration of time indicated
therein, will request the Office of the Prothonotary of Cumberland County to enter
Judgment against you in the amount as set forth in said Complaint.
Very truly yours,
KODAK & IMBLUM, P.C.
Robert D. Kodak
RDK/kqb
enclosure
cc: BRIDGETTE GILSON
NACM COLLECTION SERVIt
P O BOX 12370
OVERLAND PARK KS 66282 #14765
Y903 Ull
FILE-COPY
JIM BISHOP CABINETS, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v NO. 2008-01894 CIVIL TERM
SARAGO ENTERPRISES, LLC dl bl a
SARAGO'S BIG UGLY WAREHOUSE, LLC CIVIL ACTION - LAW
Defendant(s)
IMPORTANT NOTICE
TO:
DATE OF NOTICE: APRIL 28, 2008
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS 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.
LAWYER REFERRAL SERVICE
137 EAST MARKET STREET
YORK PA 17401
(717) 854-8755
4A
n
n ? 0
CD
JIM BISHOP CABINETS, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V
NO. 2008-01894 CIVIL TERM
SARAGO ENTERPRISES, LLC d/b/a
SARAGO'S BIG UGLY WAREHOUSE,
LLC CIVIL ACTION - LAW
Defendant(s)
TO: SARAGO ENTERPRISES, LLC D/BZA SARAGO'S BIG UGLY WAREHOUSE, LLC,
Defendant(s)
You are hereby notified that on o ?IJAA 10 , 2009 the following
(Judgment) has been entered against you in the above-captioned case.
Judgment entered in the amount of $14,453.06.
DATE:
P othonota
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
SARAGO ENTERPRISES LLC d/b/a
SARAGO'S BIG UGLY WAREHOUSE
5267 SIMPSON FERRY ROAD
MECHANICSBURG PA 17050
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
JIM BISHOP CABINETS, INC.
Plaintiff
VS
SARAGO ENTERPRISES, LLC d/b/a
SARAGO'S BIG UGLY WAREHOUSE, LLC
5267 Simpson Ferry Road
Mechanicsburg, PA 17055 Defendant(s)
Vs
COMMERCE BANK
Garnishee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Writ No.
Term 20
No. 2008-01894 CIVIL Term 2008
Amount due $ 14,453.05
Interest @ 6% FROM TDMT 6/10/08 - $2.58 PER DIEM
Atty's Comm. $ 722.65
Costs to be determined $
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1)
(2)
Directed to the Sheriff of CUMBERLAND County, Pennsylvania
against Sarago Enterprises, LLC d/b/a Sarago's Big Ugly Warehouse, LLC
`T - - e en an s ;
(3) and against COMMERCE BANK
arrus ee s ;
(4) and index this writ
(a) against Sarago Enterprises, LLC d/b/a Sarago's Big Ugly Warehouse, LLC
een ans;an(b) against COMMERCE 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 PERSONALPROPERTYOF 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 COMMERCE BANK, 20 NOBLE BLVD, BLDG #1, CARLISLE, PA, FOR ANY AND ALL ACCOUNT(S) UNDER
DEFENDANT(S) NAME(S).
(5) Exemption has (not) been waived.
Dated 7 18 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 08-1894 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JIM BISHOP CABINETS, INC., Plaintiff (s)
From SARAGO ENTERPRISES, LLC d/b/a SARAGO'S BIG UGLY WAREHOUSE, 5267
Simpson Ferry Road, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the 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:
COMMERCE BANK, 20 Noble Blvd, Bldg #1, Carlisle, PA
For 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 $14,453.05
L.L. $.50
Interest - 6% from JDMT 6/10/08 - $2.58 per diem - $722.65
Atty's Comm % Due Prothy $2.00
Atty Paid $157.68
Plaintiff Paid
Date: 7/22/08
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM, PC
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
Other Costs to be Determined
1?1,tA, a$ '*,,#
s R. Long on tary
By:
Deputy
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2008-01894 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
JIM BISHOP CABINETS INC
VS
SARAGO ENTERPRISES LLC ET AL
And now KENNETH GOSSERT
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0016:05 Hours, on the 29th day of July , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
SARAGO ENTERPRISES LLC D/B/A SARAGO'S BIG UGLY WAREHOUSE , in the
hands, possession, or control of the within named Garnishee
COMMERCE BANK 65 ASHLAND AVE
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
DENEEN RAUDABAUGH (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
true
and made
So answer
.00
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00 nn
00 ? f JU 10 P
07/31/2008
Sworn and Subscribed to
before me this
day of By
A.D
JIM BISHOP CABINETS, INC. IN THE COURT OF COMMON PLEAS
Plaintiff ' Cumberland COUNTY,
PENNSYLVANIA
v
SARAGO ENTERPRISES, LLC d/b/a
SARAGO'S BIG UGLY WAREHOUSE,
LLC
vs
COMMERCE BANK
Defendants
GARNISHEE
NO: 08-1894 CIVIL TERM
R&6Ga EU -16 INTERROGATORIES IN ATTACHMENT TO GARNISHEE
TO: GARNISHMENT ADMIN / LEGAL DEPT.
COMMERCE BANK, GARNISHEE
5267 SIMPSON FERRY ROAD
MECHANICSBURG PA 17050
Y& 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. 53-705332-4, 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—
34055
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: N o
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
34055
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
34055
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 each 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
34055
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: N o
KODAK & I BLUM, 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
34055
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating
to unswom falsifications to authorities, that he/she is Jennifer Hilbish
(Name)
Levy Specialist of Commerce Bank/Harrisbur N A , garnishee herein,
(Title) (Company)
that he/she duly authorized to make this verification, and that the facts set forth in the foregoing
Answers to Interrogatories are true and correct to the best of his/her knowledge, information and
belief.
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JIM BISHOP CABINETS, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff Cumberland COUNTY, PENNSYLVANIA
v
SARAGO ENTERPRISES, LLC d/b/a
SARAGO'S BIG UGLY
WAREHOUSE, LLC
Defendant(s)
NO. 08-1894 CIVIL
CIVIL ACTION - LAW
v
COMMERCE BANK
Garnishee
PRAECIPE
TO THE PROTHONOTARY:
Please dissolve the Garnishment against COMMERCE BANK issued in the above-
captioned matter.
TO: Cumberland County
Prothonotary
Dated: August 13, 2008
Robert D. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
'
c-J
t» ?
tJ1 ? C' v
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, due to bankruptcy.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Postpone Sale
Garnishee
Postage
TOTAL
18.00
1.99
.50
2.00
9.00
40.00
20.00
Advance Costs: 150.00
Sheriff s Costs: 100.49
49.51
Refunded to Atty on 04/14/09
9.00
1 4-
$ 100.49 So Answers;
R. homas Kline, Sht
By Sharon R. Lantz
:01 V
A-INn ,
ZO :01 WV S 1 500Z
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1894 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JIM BISHOP CABINETS, INC., Plaintiff (s)
From SARAGO ENTERPRISES, LLC d/b/a SARAGO'S BIG UGLY WAREHOUSE, 5267
Simpson Ferry Road, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the 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:
COMMERCE BANK, 20 Noble Blvd, Bldg #1, Carlisle, PA
For 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 $14,453.05
L.L. $.50
Interest - 6% from JDMT 6/10/08 - $2.58 per diem - $722.65
Atty's Comm % Due Prothy $2.00
Atty Paid $157.68
Plaintiff Paid
Date: 7/22/08
Other Costs to be Determined
s R. Long, P notary(Seal) By:
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM, PC
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041