HomeMy WebLinkAbout08-2552ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159 Attorney for Plaintiff
HOGG PROPERTIES, LLC
v
Plaintiff
JOHN AMITY and LILLIAN AMITY
Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08 - a s e ivi[ -Fe-r- '-
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 LISTED 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
HOGG PROPERTIES, LLC
v
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. Of- Z SS"-2 et- 7_ .-
JOHN AMITY and LILLIAN AMITY
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, HOGG PROPERTIES, LLC, by its attorneys, KODAK & IMBLUM,
P.C., brings this action of Assumpsit against the Defendants to recover the sum of ONE
THOUSAND FOUR HUNDRED FOUR DOLLARS AND TWELVE CENTS ($1,404.12),
along with interest thereon at the statutory rate from June 15, 2006, upon a cause of action
of which the following is a statement:
1. The Plaintiff, HOGG PROPERTIES, LLC, is a limited liability corporation organized
and existing under the laws of the Commonwealth of Pennsylvania, having an
address of PO Box 624, New Cumberland, PA 17070.
2. The Defendant, JOHN AMITY, is an adult individual residing at 83 Beard Road,
Enola, Cumberland County, Pennsylvania 17025.
3. The Defendant, LILLIAN AMITY, is an adult individual residing at 83 Beard Road,
Enola, Cumberland County, Pennsylvania 17025.
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\HOGG PROPERTIES 33686.wpd 2
4. On or about May 23, 2005, Defendants entered into a written Rental Agreement
with Plaintiff, a true and correct copy of which is attached hereto, marked Exhibit
"A" and made a part hereof, whereby Defendants would rent the premises known
and numbered as Apt. #8, 5 Addams Street, Enola, Cumberland County,
Pennsylvania, at the rate of Four Hundred Ninety-Five Dollars ($495.00) per month.
5. Thereafter, Defendants defaulted under their Lease Agreement with Plaintiff by
vacating the premises before the agreed upon lease term, on or about September
1, 2006, without notice, and intentionally causing damage to the leased premises.
6. After crediting Defendants' Security Deposit, Plaintiff incurred additional expenses
for unpaid rent, and repairs, including labor and materials, to the leased premises,
to the total amount of One Thousand One Hundred Seventy Dollars and Ten Cents
($1,170.10) as set forth on Plaintiff s Statement of Account attached hereto, marked
Exhibit "B" and made a part hereof.
7. Due to the default of Defendants, and pursuant to the terms and conditions of the
Residential Lease Agreement executed by Defendants and attached as Exhibit "A"
hereto, attorney's fees in the total amount of Two Hundred Thirty-Four Dollars and
Two Cents ($234.02) have been added to said account.
F:\USER\ROBIN\CCP&D) CMPS\CCP COMPLAINTS\HOGG PROPERTIES 33686.wpd 3
8. 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 ONE
THOUSAND FOUR HUNDRED FOUR DOLLARS AND TWELVE CENTS ($1,404.12),
together with interest as set forth herein.
Respectfully submitted,
KODAK & IMBL-IM, P.C.
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\HOGG PROPERTIES 33686.wpd 4
RENTAL AGREEMENT I
THIS IS A LEGAL DOCUMENT. By signing, the Tenant agrees that
Tenant has read this lease and has had the opportunity to ask
questions about the lease.
The Twx t and Landlord age%% that.:
THIS IS A LEASE.
Timothy Hogg is the Landlord.
John and Lillian Amity is the Tenant.
This lease is for Apartment # 8 at 5 Addams Street, Enola, PA
17025
This lease begins on May 23, 2005.
This lease ends on May 31, 2006. Tenant must Notify Landlord in
writing Sixty days before the end of this lease that Tenant is
moving out.
If Tenant does not notify Landlord that he/she is moving out, the
lease will automatically become a month-to-month lease. In order
to end the lease during the month-to-month periods, the Tenant must
notify Landlord in writing at least 60 days befor Tenant intends
to move out. A u month's rent shall be due for any partial
month in which Tenant occupies the apartment.
The total rent for this lease is $5940(yearly)
payable in monthly installments of $495
Rent is due in advance on or before the FIRST day of each month of
this Lease. Rent is to be mailed to the following address:
Tim Hogg
PO Box 624
New Cumberland, PA 17070
Rent Checks or Money Orders are to be made out to "Tim Hogg" only.
SECURITY DEPOSIT: The Tenant has deposited an amount equal to two
month's rent ($990) as a SECURITY DEPOSIT. This security deposit
is held by the Landlord in full throughout the term of the lease
regardless to the amount of the deposit and applied to any damages
to the apartment caused by Tenant, his/her family, guests or pets.
The Security deposit can also be used for any damages from breaking
the lease, Tenant's unpaid bills, or not paying part of the rent
due. At no time during the tenancy will any part of the deposit be
refunded.
Tenant MAY NOT USE SECURITY DEPOSIT AS RENT
1
EXHWr
A
INCREASED RENT IF PAID AFTER THE FIRST DAY OF THE MONTH: Increased
rent begins the FIRST DAY of the month. A ten dollar rent charge
begins on the first day, and five dollars for every day after the
first day of the month. These charges cover increased
administrative costs and damages.
ACCEPTANCE OF PROPERTY: The Tenant has examined the apartment and
the apartment is in satisfactory condition. The apartment is
leased in As-IS condition. In the event that repainting, repair or
other work to be performed in the apartment has not been completed,
by the time the tenant is to move in, this lease will remain in
full force and tenant shall still be responsible for all rents.
Tenant agrees that no agreement is made to redecorate, repair or
improve the apartment unless specifically written
here:
If tenant, for whatever reason, fails to take posession of the
apartment, tenant is still responsible for all rents and
obligations until Landlord can reasonably find a replacement tenant
for the apartment.
SMALL REPAIRS DURING TENANCY: Tenant is responsible for small
repairs such as stuck windows, loose screws, backed up
toilets/bathtubs/sinks. Tenant is also responsible for lightbulbs
and fuses as they become necessary. Landlord shall decide what
repair is considered "small."
UNDISCLOSED REPAIR - It is the Tenant's responsibility to report
any condition that could be dangerous or wasteful immediately to
Landlord. In the event Tenant has not notified Landlord of a
needed repair or condition, any liability and/or financial
responsibility shall be assumed by Tenant.
CLEANLINESS: Tenant agrees to keep apartment clean, avoid a
garbage build-up and place garbage in outside receptacles. Tenant
agrees that any pest infestation as a result of his/her apartment's
not being kept clean is breaking the lease. Any pest control
services will be charged to the Tenant.
OCCUPANCY AND USE: The apartment is for use as a residence by the
named Tenants who have signed this lease and their children.
Tenant will not use this apartment for any type of business.
Tenant will not use the apartment for disorderly or unlawful
purposes, or in any manner offensive to others. Tenant will obey
all Federal, State, County and Local laws.
APPLIANCES: Any appliances which are in the apartment are there at
2
the convenience of the Landlord. Landlord agrees to remove
appliances if the Tenant asks for removal. The repair and
maintenance of all appliances is the responsibility of the Tenant.
RULES: "Rider All contains a list of rules that the Tenant shall
follow. If Tenant Breaks any of these rules, he/she is breaking
the lease.
UTILITIES - Landlord is responsible for paying the following:
water, garbage, sewer,
Tenant is responsible for paying the following: Electric, cable,
telephone, gas, plus any other service acquired whether by law or
otherwise, not mentioned as a Landlord responsibility. If tenant in
the sole disgression of the landlord overuses or uses wastefully a
utility that is paid by landlord, the excess cost shall be assumed
by tenent.
Tenant EXPENSES: Landlord will not allow any deductions from the
rent or charges to any account of the Landlord for any purpose by
the Tenant.
CHANGES: No changes will be made, and no painting or redecorating
is done to the apartment without written permission from Landlord.
Tenant will not drive nails or screws into the walls or the
woodwork.
KEROSINE HEATERS: No kerosine heaters are allowed in the
apartment.
INCENSE AND CANDLES: Tenant understands that candles and incense
cause soot to build up on walls and surfaces. In the event that
landlord or landlord's employees determine that candles or incense
has been burned in the apartment, the cost of any and all painting,
cleaning, etc. shall be paid by tenant.
CHANGE OF Tenants: Only the'Tenants named in this lease may use
the leased apartment. Tenant may not give the apartment to anyone
else to use. Tenant must request a new lease if different people
are in the apartment than those named on the lease. If Tenant is
transferred during mid tenancy, Landlord will reasonably look for
a new Tenant for the apartment in order to relieve Tenant of lease
responsibility. Landlord reserves the right to charge tenant for
time spent acquiring new tenant $100.00 flat fee and cost of
advertising.
PETS: Pets are not allowed in the apartment without the written
permission of the Landlord.
3
INSPECTION: Landlord or his employees may enter the apartment at
any time for the following reasons:
1. To inspect the apartment
2. To make necessary repairs
3. To protect the apartment from damage
4. To show the apartment to prospective Tenants or buyers
MOVING OUT: Tenant will leave the apartment and all property of
the Landlord in good clean and operating condition, except for
ordinary wear and tear. Tenant will clean the apartment, including
any appliances, cabinets, baseboards, bathrooms, and remove all
trash from the apartment. Tenant to steam clean carpets before
move-out date and a receipt is to be turned in with the keys.
If cleaning and trash removal is not done by Tenant, the Landlord
will clean the apartment and remove trash at the expense of the
Tenant. A service fee of $25.00 per contractor shall be aplied to
the secuity deposit if tenant does not steam clean or properly
clean the apartment. Tenant will bring all keys to the Landlord
within 24 hours of moving from the apartment.
LIABILITY OF Landlord - Tenant agrees that Landlord shall not be
liable for property damage or personal injury occurring in or
around the apartment unless the damage or injury results directly
from the Landlord's gross negligence.
BREAKING THE LEASE: If the rent is not paid when due, and/or the
Tenant does not perform in a manner consistent with this lease,
he/she shall have broken the lease. The entire rent due for the
rest of the lease is due and payable immediately. Any court fees,
attorney's fees, collection fees, fees for paying rent after the
first of the month, plus an amount equal to two month's rent for
damages and administrative costs shall also be due.
NOTICE TO QUIT: Tenant understands that he/she is giving up the
right to any ten day, fifteen day: thirty day, or ninety day notice
to quit lease. IF Tenant BREAKS THIS LEASE, EVICTION PAPERS CAN BE
IMMEDIATELY FILED IN COURT.
ITEMS LEFT IN THE APARTMENT BY Tenant: If the Tenant moves out of
the apartment and leaves belongings in the apartment, the ownership
of these belongings shall be given to Landlord. Landlord may do
whatever he wishes with these items.
PAYING LATE RENT: If Landlord allows Tenant to pay rent late or
break any rule at any time for any reason, this does not give
4
Tenant permission to pay late again or break the rules again.
NOTICE: This agreement is the Notice to Tenant of all rents due
and obligations of the Tenant. Tenant AGREES THAT NO ADDITIONAL
NOTICE OF RENT DUE IS NECESSARY.
STORAGE: No storage rights are given under this lease. The Tenant
agrees that neither the Landlord or his employees has any
responsibility for loss of any kind to the Tenant's property.
INSURANCE: Tenant agrees that Landlord requires that Tenant buy
RENTER'S INSURANCE to cover damages to his/her personal property
and cover liability for other people's property and casualty.
Landlord shall be named as "additional insured", and insurance
agent shall provide proof of insurance to landlord for all
renewals. Tenanc understands that in the e-rent that tenant allows
insurance to expire or otherwise lapse, Landlord shall have the
right to purchase renters insurance policy at tenants expense.
Landlord further reserves the right to charge a fee for this
service in the amount of $100.00 over and above the cost of
insurance.
Tenant's Initials:L.A. /
SEPARATE SECTIONS: The sections of this lease are separate. If a
court finds that any part of this lease is illegal for any reason,
that finding will not affect the remaining parts of the lease.
LEAD PAINT: Tenant acknowledges that he/she has been given a copy
of the US EPA booklet "Protect Your Family From Lead in Your Home",
and given time to read the information it contains. Landlord has
no knowledge of lead paint in the apartment although Lead paint was
commonly used before 1979. Any cracking or pealing paint must be
reported to Landlord immediately.
Tenant's Initials:L,,A_/ -C?=
RIDERS (SPECIAL PROVISIONS): Special provisions in the attached
Riders are part of this lease.
ENTIRE AGREEMENT: This lease contains the ENTIRE AGREEMENT between
the Landlord and the Tenant. Neither the Landlord nor the Tenant
has agreed to do anything that is not written in this lease.
REPAIRS BY Landlord: If Landlord is to make repairs to the
apartment for damages that are not caused by normal wear and tear
he will be paid $25.00 per hour plus the cost of materials to
Landlord.
PARKING: Tenant shall abide by all parking signs around apartment
5
buildings. Tenant shall be responsible for removal of snow and ice
from between vehicles and tenant shall also be responsible for
keepting the area around the clear of debris and shall not allow
oil or other fluids to be spilled onto the parking lot.
Special_Parking_Instructions: f
THIS IS A LEGAL DOCUMENT. By signing,
Tenant has read this lease, has gone
Landlord and has had the opportunity
lease.
Landlord
TIMOTHY HOGG
Tenant
the Tenant agrees that the
through the lease with the
to ask questions about this
DATE
(S) DATES .Z 3 05,
DATE -
6
Rider A
This rider is attached to and forms a part of the lease beginning
May 23, 2005, between Timothy Hogg, the Landlord, and John and
Lillian Amity, the Tenant (s)
1. Payments of rent and other charges payable by Tenant shall be
payable to Landlord and due on the 1st dy of the month. If
received after the 1st day of the month, include a $10.00 initial
penalty plus $S.00 for each additional day this reflects.
la. Rent payments are to be made to Tim Hogg, PO Box 624, New
Cumberland, PA 17070-0624. Please make checks payable to "Tim
Hogg" only.
2. Tenant agrees that the premises are leased for use by Tenants
famil consisting of persons which consists of adults
and children.
3. Tenants are reminded that they should carry adequate renter's
insurance to cover any losses or damage that may be sustained
during occupancy of the above apartment.
4. No motorcycles, motor bikes, truck caps, or snow mobiles
shall be permitted on the premises.
5. No boisterous parties or unnecessary noise permitted.
6. No antennas allowed on the premises. Only the Cable TV
outlets provided shall be used.
7. Nothing that sticks to walls or cielings may be used
including but not limited to scotch tape,wallpaper, borders,
stencils,tacky hanging wall products.
8. Pictures shall be hung by using standard picture hangers.
Under no circumstances shall scotch tape be used to fasten
anything.
9. Tenant shall not park boat, trailer, or disabled vehicles on
property.
10. Tenant shall have two keys issued. Locks shall not be
changed or altered and keys shall not be duplicated.
7
11. Tenant shall not make any alterations, additions,
or
improvements without prior written consent of the Landlord,
12. Tenant shall be responsible for small repairs (loose
screws, stuck window, backed up toilets etc.).
13. Upon vacancy of apartment, the appliances and cabinets must
be cleaned thoroughly before Tenant vacates said premises.
14. Upon vacancy of apartment, carpet must be steam cleaned and
a receipt must be turned in with the keys.
15. Tenants are responsible for maintaining smoke detector with
charged battery at all times (where applicable). Tenants are also
responsible for reporting any non working smoke detector
immediately to Landlord.
16. It is understood and agreed that the security payment in the
amount of 990 dollars provided for under the lease for this
premises has been paid. Under no circumstances may the Tenant
apply the security deposit to their last months rent.
16a. The security deposit will accrue interest at a rate of 1.75%
yearly, accrued yearly, beginning after the first full year of
tenancy has been completed.
17. In the event Tenant has not notified Landlord of a needed
repair or condition, any liability and/or financial responsibility
shall be assumed by Tenant.
18. In the event that Landlord is to make repairs to apartment
that under the terms and conditions of this lease are not related
to normal wear and tear, Landlord is to be compensated for time
spent in the amount of $25.00 per hour, and materials at their cost
to Landlord.
19. Tenant will be charged $25.00 for any returned check. Late
fees will be applied to the date of restitution for said returned
check.
20. Extraordinary garbage (tires, furniture, mattresses,
appliances, etc.) is the responsibility of the Tenant to have
removed at Tenant's expense.
21. Additional Tenant responsibilities:
8
22. These rules and regulations shall constitute conditions of
tenancy, and violation thereof shall be a default under this lease.
It is further assumed that these rules do not violate Local, State
or Federal Law. In the aforementioned event, the regulation stated
herein will become null and void, thus rendering precedence to the
law.
Date
Timothy Hogg
Tenant
9
Rider B
This rider is ttached to, and forms a part of the Rental Agreement
beginning t Z?) , Z0051 between Timothy J. Hogg, the
Landlord, and ? OUN aJt(INAM /ylt It(( , the Tenant (s) .
Beginning O The following pets will be
permitted on premesis:
PET: BREED: WEIGHT: NAME:
CA
At an additional, refundable security deposit of $
An additional monthly increased rent amount of $ W.00-will be
charged for the maintenance of the above pet.
Tenant is responsible for clean-up of all fecal material from yard,
street, sidewalk etc. regardless of whether it was created by above
pet.
Tenant is responsible for all damages to property of Landlord or
others resulting from the maintenance of pet.
Tenant agrees that dogs are to be walked and not chained or
otherwise tethered outside. Tenant is to be physically present at
all times while the dog is outside the building.
Tenant agrees to pay for pest infestation services after
termination of occupancy. Said monies shall be the responsibility
of the Tenant and shall be deducted fro.,i the security deposit.
Tenant also agrees that any and all pet odors remaining in the
apartment upon termination of occupancy are the responsibility of
the Tenant and any and all clean up of these odors are to be paid
by Tenant. If the cost of cleanup exceeds the security deposit(s),
Tenant shall surrender the remaining monies forthwith.
Tenant further agrees that carpets are to be professionally steam
cleaned by Landlord's recommended contractor.
Landlord reserves right to revoke this consent on three days notice
to Tenant if in the opinion of Landlord or Landlord's employees the
pet has been a nuisance to other residents or has not been
maintained according to these rules. In the event consent is
revoked, tenant agrees to forthwith discontinue maintenance of the
pet. Failure to discontinue will be considered a breach of this
Rental Agreement.
This document when properly executed will take precidence over any
other parts of this Rental Agreement. All other terms and
conditions of this Rental Agreement remain in full force.
Date O
Landlord
Landlord
Tenant
n, - (- / ?,, A,,, -
Tenant
?Ju1 10 2007 12:56PM HP LASERJET FAX
Security Deposit
Statement
John and Ltiian Amity
5 Adds= Street 8
Enota, PA 17025
5 Addae 88: 5 Addarm Srrvwt R_ FrwAn PA 171WF
P.2
MAIM WMM?Pcfts*? 7777.
Charge
For PaMMMLOff $100.00 Late UWW, August 06 100.00
Charge For DarnageA)ther $1'10.00 Balance of rent, July 06 ($210.00)
C For Dowage/Mer $20.00
- Pet chwge, Ju 06 3230.00
Charge For $20.
UU Pet' August 06 $1250.00
Charge For Damageg)ttler 245.00 undue wear and tear, Painting, 3.5 of 5 ($495.00)
ears life lest
Cha a For Da that $625.00 Rent September 06 ($1,120.00)
C e Foc Damage/Other $20.00 Pet Charge. tart f 06 $1,140.00
C e For Demagei0ther $100.00
- Late Chem her 06 1,240.00
C
a-For that $90.10 Clean 51,330.10
C e Foc Darnawl0ther $25.00 Carpst Cleaning Surcharge S1 355.10
Charge For DarnagaiMer $45.00 Clean $1 400.10
Chwo eforD r $25.00 {eanl $1425.10
C e For DwrgcWoftr $625:00 Rent ust 06
Aug 050.10
0523105 Ariwcxrt $1030.00 $2050.10
0&23A)5
[ Toward, 1,030.00 1020.14
09030/06 For- D ej0 w $20.00 Pet June 06 $1,040.10
09130A)6. Charge For Dam eliOther $130.00 Balance of rent June 06 $1,170.10
-Apr.14 2008 1:02PM HP LRSERJET FAX
MAR-24-2008 16:46 KNUPP KODAK & IMBLUM
VERIFICATION
p.2
717 238 7166 P.07
(name) (6110)
of HOGG PROPERTIES, LLC, verifythat the statements made in the aforegoing document
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities.
H ES, ? C
By:
Title: 0 ^ V,
Dated_
33886
AMITY
TOTAL P.07
03/24/2008 BON 17:44 [JOB NO. 7421) Q007
-(?1. r-Z rev
ICA
3
CASE NO: 2008-02552 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOGG PROPERTIES LLC
VS
AMITY JOHN ET AL
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
AMITY JOHN the
DEFENDANT
at 1945:00 HOURS, on the 24th day of April , 2008
at 83 BEARD ROAD
ENOLA, PA 17025
JOHN AMITY
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 18.00
Service 11.00
Postage .58
Surcharge 10.00
`I)afi 6 .00
39.58
Sworn and Subscibed to
before me this
of
day
So Answers:
R. Thomas Kline
04/25/2008
KODAK & I MBBLLU>M
By/, ? ,
Deputy -Sherif
A.D. l
t,
CASE NO: 2008-02552 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOGG PROPERTIES LLC
VS
AMITY JOHN ET AL
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
AMITY LILLIAN the
DEFENDANT
, at 1945:00 HOURS, on the 24th day of April , 2008
at 83 BEARD ROAD
ENOLA, PA 17025 by handing to
JOHN AMITY, 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 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
? 16.00
Sworn and Subscibed to
before me this
day
of ,
So Answers:
P
R. Thomas Kline
04/25/2008
KODAK & IMBLUM
By?l
1 Deputy Sheri
A.D. J
HOGG PROPERTIES, LLC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-2552 CIVIL
JOHN AMITY AND LILLIAN AMITY : CIVIL ACTION -LAW
Defendants
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s) JOHN AMITY AND
LILLIAN AMITY, 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 $1,404.12
Interest at the statutory rate of 6 % per annum from June 15, 2006 $168.50
Total = $1,572.62
I hereby certify that a written Important Notice of the intent to file this Praecipe was
mailed or delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after
the default occurred and at least ben (10) days prior to the date of the filing of this Praecipe
and a copy of the notice is attached.
KODAK & 93P
By
Robert D. Kodak, Attorney for Plaintiff
DATED: I iaq/N Judgment entered and damages assessed as above.
P thonota
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION Telephone
Robert D. Kodak 407 NORTH FRONT STREET 717.238.7152
Gary J. Imblum POST OFFICE BOX 11848 Facsimile
HARRISBURG, PA 17108-1848 717.238.7158
kki.law@verizon.net
May 29, 2008
LILLIAN AMITY FILE u a
83 BEARD ROAD
ENOLA PA 17025
RE: Hogg Properties, LLC.
VS: John Amity and Lillian Amity
Our File No. 33686
No. 2008-02552 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Ms. Amity:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, 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, Pennsylvania, to enter Judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/bjh
enclosure
cc CARLA BELLAVANCE
A&S COLLECTION ASSOC INC
POST OFFICE BOX 395
WILLIAMSTOWN VT 05679
KODAK & IMBLUM, P.C.
Robert D. Kodak
robert.kodak@z?erizon.net
944286
.Im
HOGG PROPERTIES, LLC.
Plaintiff
V.
JOHN AMITY AND LILLIAN AMITY
Defendants
TO: LILLIAN AMITY , Defendant(s)
DATE OF NOTICE: May 29, 2008
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2552 CIVIL
: CIVIL ACTION -LAW
IMPORTANT NOTICE
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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION Telephone
Robert D. Kodak 407 NORTH FRONT STREET 717.238.7152
Gary J. Imblum POST OFFICE BOX 11848 Facsimile
HARRISBURG, PA 17108-1848 717.238.7158
kki.law@verizon.net
May 29, 2008
JOHN AMITY
83 BEARD ROAD
ENOLA PA 17025 FILE
RE: Hogg Properties, LLC.
VS: John Amity and Lillian Amity
Our File No. 33686
No. 2008-02552 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Mr. Amity:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, 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, Pennsylvania, to enter Judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/bjh
enclosure
cc CARLA BELLAVANCE
A&S COLLECTION ASSOC INC
POST OFFICE BOX 395
WILLIAMSTOWN VT 05679
KODAK & IMBLUM, P.C.
Robert D. Kodak
robert.kodak@verizon.net
944286
HOGG PROPERTIES, LLC.
Plaintiff
v.
JOHN AMITY AND LILLIAN AMITY
Defendants
TO: JOHN AMITY , Defendant(s)
DATE OF NOTICE: May 29, 2008
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-2552 CIVIL
CIVIL ACTION -LAW
IMPORTANT NOTICE
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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
-C7
HOGG PROPERTIES, LLC. : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-2552 CIVIL
JOHN AMITY AND LILLIAN AMITY : CIVIL ACTION - LAW
Defendants
TO: TOH_AMITY, Defendant(s)
You are hereby notified that on . June J4 , 20- the following
(Judgment) has been entered against you in the above-captioned case.
Loft tent entered in the amount of $1572.62.
DATE:
Pr thonota
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
JOHN AMITY
83 BEARD ROAD
ENOLA PA 17025
HOGG PROPERTIES, LLC. : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-2552 CIVIL
JOHN AMITY AND LILLIAN AMITY : CIVIL ACTION -LAW
Defendants
TO: LILLIAN A1VIIIY , Defendant(s)
You are hereby notified that on J U11t? 0,4 , 200 the following
(judgment) has been entered against you in the above-captioned case.
Lodgment entered in the amount of $1572.62.
DATE:
Prothonota
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
LILLIAN AMITY
83 BEARD ROAD
ENOLA PA 17025
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
HOGG PROPERTIES, LLC
Plaintiff
Vs
JOHN AMITY and LILLIAN AMITY
83 BEARD ROAD
ENOLA, PA 17025
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
Writ No. Term 20
No. 08-2552 Term 20 08
Amount Due
1,572.62
Interest from date of jdmt- $
6-24/08-8/5/08 (0.26 per diem) 10.92
Atty's Commission
Costs to be determined
78.63
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 JOHN AMITY and LILLIAN AMITY
TT _ J ' Defendant(s);
(3) and against
arms ee s ;
(4) and index this writ
(a) against JOHN AMITY and LILLIAN AMITY
Defendant(s) and
(b) against
Garnishee(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) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY INCLUDING BUT NOT LIMITED TO, FURNITURE, OFFICE EQUIPMENT, JEWELRY, SUPPLIES,
ELECTRONICS, LAWN AND GARDEN EQUIPMENT, ETC.
(5) Exemption has (not) been waived.
Dated 8/5/08
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg,. PA 17108
(717) 238-7159
Attorney For Plaintiff(s)
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ponssr gorgM ui /yunoo agl jodjuags aql oz tiluo paloornp aq new luaua:?pni pa»afsi. !J: e u, t u
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2552 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HOGG PROPERTIES, LLC, Plaintiff (s)
From JOHN AMITY and LILLIAN AMITY, 83 Beard Rd., Enola, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the above-listed deftendants at the above address in Cumberland County including but not
limited to furniture, office equipment, jewelry supplies, electronics, lawn and garden
equipment, 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:
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 $1,572.62
L.L. $.50
Interest from date of judgment - 6/24/08 - 8/05/08 ($.26 per diem) - $10.92
Atty's Comm $78.63 %
Atty Paid $174.58
Plaintiff Paid
Date: 8/06/08
(Seal)
Due Prothy $2.00
Other Costs
'_J duj?u- "
u is R. Long, Prothonotary
By: _I <o.h V•' --
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No.
HOGG PROPERTIES, LLC IN COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOHN AMITY
AND LILLIAN AMITY
Defendants NO. 08-2552 CIVIL
ORDER OF COURT
AND NOW, this 9th day of October, 2008, upon consideration of the Defendants'
Claim for Exemption, and after being advised by the Plaintiff that a hearing is not
required as they have no objection to the Defendants' exemptions, the Defendants'
claim for exemption is granted and the items listed in their claims shall be exempt from
further execution.
By the Court,
?o,
M. L. Ebert, Jr., J.
/Robert D. Kodak, Esquire
Attorney for Plaintiff
407 North Front Street
P. O. Box 11848
/John Harrisburg, PA 17108-1848
Amity
Lillian Amity
Defendants
83 Beard Road
Enola, PA 17025
Cumberland County Sheriffs Office - ?AS 1,01 Jul 0?
bas
e.. ! -cs m-a t LL
/0!!t0/De
tz/n
r4s. A r
Iv:'0 'ral0110O'Goz
1
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
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Postpone Sale
Certified Mail
Postage
Garnishee
18.00
1.66
.50
2.00
11.00
30.00
20.00
1.32
84.48 1'' 1 v 4 ?^-
cv
t ? ,Zl d ? _ g?? ?06?
Advance Costs: 150.00
Sheriff's Costs: 84.48
65.52
Refunded on 05/18109
So Answers,
R. T Kline, Sheriff
' Sharon R. Lantz 141,
d ' 0.0
.S
,Z a2 ?31
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 08-2552 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HOGG PROPERTIES, LLC, Plaintiff (s)
From JOHN AMITY and LILLIAN AMITY, 83 Beard Rd., Enola, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the above-listed deftendants at the above address in Cumberland County including but not
limited to furniture, office equipment, jewelry supplies, electronics, lawn and garden
equipment, 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:
and to notify the gamishee(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 $1,572.62
L.L. $.50
Interest from date of judgment - 6/24/08 - 8/05/08 ($.26 per diem) - $10.92
Atty's Comm $78.63 % Due Prothy $2.00
Atty Paid $174.58
Plaintiff Paid
Date: 8/06/08
(Seal) By:
Other Costs
R. Long, Prothonotary
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No.
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
HOGG PROPERTIES, LLC
Plaintiff
Vs
JOHN AMITY AND LILLIAN AMITY
83 BEARD ROAD
ENOLA, PA 17025
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
Writ No. Term 20
No. 2008-2552 Term 20 08
Amount Due
4/24/09 jdmt ............. $ 1,572.62
Interest from jdmt - 06-24-08
0.81 per diem ............... $ 345.06
Atty's Commission
5% statutory rate .......... $ 78.63
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
Defendant s;
(3) and against Metro Bank (Formerly Commerce Bank) 742 Wertzville Road, Enola, Pennsylvania 17025
arms ee s ;
(4) and index this writ
(a) against
(b) against Metro Bank (Formerly Commerce Bank)
Defendant(s) and
amis 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) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC.,
AND GARNISH METRO BANK, (formerly Commerce Bank) 742 WERTZVILLE ROAD, ENOLA, PA 17025, FOR ANY AND
ACCOUNT(S) UNDER DEFENDANT(S) NAME(S). -7
(5) Exemption has (not) been waived.
Dated 8/24/09
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 08-2552 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HOGG PROPERTIES, LLC, Plaintiff (s)
From JOHN AMITY and LILLIAN AMITY, 83 Beard Road, Enola, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the above-listed defendants, including but not limited to furniture, jewelry, electronics, 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:
METRO BANK (Formaly Commerce Bank), 742 Wertzville Rd, Enola, PA 17025
For any and all accounts under defendant's 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 $1,572.62
Interest from 6/24/08 at $.81 per diem -- $345.06
Atty's Comm- 5 % statutory rate -- $78.63
Atty Paid $281.06
Plaintiff Paid
Date: 8/27/09
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
L.L.
Due Prothy $2.00
Other Costs to be Determined
Deputy
Sheriffs Office of Cumberland County
R Thomas Kline RLED-OFFICE
Sheriff (f THEE P€ OWI XIOTAW
r
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
Hogg Properties, LLC
vs.
Lillian Amity
?4u?titu of tin+r?brr.????
OFF CE Or -HE ""RIFF
2009 SEP -9 AM 9: 22
CUM rir}' . 11'_-;0UNTY
PENI IWSYWWA
Case Number
2008-2552
SHERIFF'S RETURN OF SERVICE
09/04/2009 01:23 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
September 4, 2009 at 1319 hours, attached as herein commanded all goods, chattels, rights, debts,
credits, and monies of the within named defendants, to wit: John Amith and Lillian Amity, in the hands,
possession, or control of the within named garnishee, Metro Bank (Formerly Commerce Bank), 742
Wertzville Road, Enola, Cumberland County, Pennsylvania 17025, by handing to Laura Kennedy,
Assistant Manager, personally two (2) true and attested copies of the writ of execution and made the
contents there of known to her. No interrogatories were served as none were received.
So Answers,
R <'jX0; 14
utL
ine, Sheriff
By
u
r
f
HOGG PROPERTIES, LLC
v
JOHN AMITY AND LILLIAN
AMITY,
METRO BANK,
Plaintiff
Defendant(s)
v
Garnishee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 2008-2552
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please dissolve the Garnishment issued against METRO BANK, Garnishee in the
above-captioned matter.
TO: Cumberland County
Prothonotary
Dated: October 2, 2009
Robert D. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
FI EU- F-i=icE
OF THE PROTP=NARY
2009 OCT -6 AM 10: 34'
Ct??+n? "??J;
PEENNSYLVAN, ,A
$8.0o Po A-TI(
CL* I bs87
M-4- ascsoo
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson 7 i
Sheriff
Jody S Smith V "` -
Chief Deputy 29 AM 9:39 Edward L Schorpp ..,',
Solicitor
Hogg Properties, LLC
vs.
Lillian Amity
Case Number
2008-2552
SHERIFF'S RETURN OF SERVICE
09/04/2009 01:23 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
September 4, 2009 at 1319 hours, attached as herein commanded all goods, chattels, rights, debts,
credits, and monies of the within named defendants, to wit: John Amith and Lillian Amity, in the hands,
possession, or control of the within named garnishee, Metro Bank (Formerly Commerce Bank), 742
Wertzville Road, Enola, Cumberland County, Pennsylvania 17025, by handing to Laura Kennedy,
Assistant Manager, personally two (2) true and attested copies of the writ of execution and made the
contents there of known to her. No interrogatories were served as none were received.
09/15/2009 Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2009 at
1340 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: John Amity,
by making known unto Lillian Amity, Adult in Charge, at 83 Beard Road, Enola, Cumberland County,
Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct
copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy
mailed to attorney and letter mailed to defendant on 09-16-09.
09/15/2009 02:05 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September
15, 2009 at 1340 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
JLillian Amity, by making known unto Lillian Amity, at 83 Beard Road, Enola, Cumberland County,
Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct
copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy
mailed to attorney and letter mailed to defendant on 09-16-09.
01/15/2010 Sale bill posted on January 15, 2010 at 1517 hours by Deputy Hoover. Sale date set for Thursday,
January 28, 2010 at 1500 hours. Copy of sale bill mailed to Attorney Kodak.
01/15/2010 Sale bill posted on January 15, 2010 at 1517 hours by Deputy Hoover. Sale date set for Thursday,
January 28, 2010 at 1500 hours. Copy of sale bill mailed to Attorney Kodak.
01/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned STAYED, per request from plaintiff's attorney.
SHERIFF COST: $190.88
January 28, 2010
i Gmin ysuito Shenft. I Iinos3`L IrG.
SO ANSWERS,'
RON ANDERSON, SHERIFF
By
Sharon R. Lantz -
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-2552 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HOGG PROPERTIES, LLC, Plaintiff (s)
From JOHN AMITY and LILLIAN AMITY, 83 Beard Road, Enola, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the above-listed defendants, including but not limited to furniture, jewelry, electronics, 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:
METRO BANK (Formaly Commerce Bank), 742 Wertzville Rd, Enola, PA 17025
For any and all accounts under defendant's 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 $1,572.62 L.L.
Interest from 6/24/08 at $.81 per diem -- $345.06
Atty's Comm- 5 % statutory rate -- $78.63 Due Prothy $2.00
Atty Paid $281.06 Other Costs to be Determined
Plaintiff Paid
Date: 8/27/09
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
R. Long, Prothonot
By:
Deputy