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HomeMy WebLinkAbout08-3782DELL & HOMSHER Adam E. Kosowsky, Esquire Attorney I.D. No. 95001 600-A Eden Road Lancaster, PA 17601 717-581-0620 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EARL and NANCY KOSOWSKY, Husband and Wife, Plaintiffs, V. No. 08- 3,78x1 Civil TerM DOORWAYS UNLIMITED, INC, Defendant, PRAECIPE TO ENTER JUDGMENT NOTE To the Prothonotary: Please enter a Judgment against Defendant, DOORWAYS UNLIMITED, INC. and in favor of Plaintiffs, EARL and NANCY KOSOWSKY, Husband and Wife, in the amount of $100,725.00 for failure to make payments on the two attached Demand Notes. as follows: Judgement on Note 1: Outstanding balance $45,000.00 Outstanding interest $15,750.00 Total for Note 1 $60,750.00 Judgement on Note 2: Outstanding balance $30,000.00 Outstanding interest $9,975.00 Total for Note 2 $39,975.00 Grand Total for Both Notes: $100,725.00 Pursuant to Rule 2951(a)(1) and (2) of the Pennsylvania Rules of Civil Procedure, I hereby certify that this Judgment is not being entered against an natural person in connection with a consumer credit transaction notice; that the Plaintiff has an address of 507 Beford Place, Lititz PA 17543; and that Defendant has a registered address of P.O. Box 3097, Shiremanstown PA, 17011. t?. dam E. Kosowsky, Esquire Attorney I.D. No. 95001 •: ?etJC. )l?diaeClee. pea a8- civic Term DEMAND N O T E $ 'Sj vod. Shiremanst A Dated: l d 200`f FOR VALUE RECEIVED, C)ac?s Ku'jAr'T&.) having an address of .-0 P () , (S p 3 Of 7 (hereinafter "Maker") promises to pay ko e o e o ' At )( A'P-JD 65? 1eOsOwsk'I jointly and severally, having an address of P t1 q Geq o A- L_rq-1'TZJ (hereinafter collectively ayee"), the principal sum 6V3o ooo;po in lawful money of the United States of America, together ?Avith interest on the unpaid principal balance as provided in this Note, as follows: (a) The principal balance shall accrue interest at a rate of 79; per annum. Interest shall accrue from the date of this Note until all amounts due hereunder have been paid in f-u__. (b) Maker shall make quarterly interest payments in the amount of $Sr2S-,ttDeach, commencing on the first. of the mcn7n from the date of this Note and continuing every ninety days thereafter until the principal has been repaid upon demand or voluntarily repaid by the Maker. (c) All amounts due pursuant to this note stall be payable at ?,rr7.,Z ?? 1,75 pe as Payee 7 13g0FrW jpl, or at such c er may trcm time>to rime d?es_gnat n writinc. (d) The rate of interest provided for in this Note shall continue to apply to the debt evidenced by this Ncte notwithstanding the entry of judgment on this Note. (e) The Payee may demand in full at any time by giv.i- Maker (T) Maker shall have the indebtedness evidenced by this Note time and from time to time without unearned interest. pa?nnent of th_s ind??.ed-_?? 30 days prior writ-n rot_ = pr ivi loge of pa,;i Z,1' in full or in part at anv the payment cf pena_tv or Maker shall pay to Payee a late charge equal to five pert_nt (5%) of any payment not received by Payee within fifteen (i5; days after the payment is due. All amounts payable pursuant to this Note shall be pair without deduction or set-off, - The liability of each Maker, if more than one, pursuant this Note shall be joint and several. r . Maker and all endorsers, sureties and guarantors of this Note jointly and severally (a) waive presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the"payment of this Note and (b) agree that the liability of each of them (i) shall be unconditional, without regard to the liability of Maker or of any other of them and (ii) shall not be affected in any manner by any indulgence, extension of time, renewal. waiver or modification granted or consented to by Payee. Maker and all endorsers, sureties and guarantors consent (c) to all extensions of time, renewals, waivers, or modifications that may be granted by Payee with respect to the provisions of this Note and (d) to the release of any collateral held by Payee as security for payment of the indebtedness evidenced by this Note. Maker and all endorsers, sureties and guarantors of this Note each agree that additional makers, endorsers, guarantors or sureties may become parties to or guarantee, endorse or become surety for payment of amounts due pursuant to this Note without notice and without affecting the liability of Maker or any endorser, surety or guarantor of this Note. Payee shall not be deemed, by any act or omission or by env failure to exercise any right or remedy, to have waived or - released any of Payee's rights or remedies pursuant to this Ncta unless such waiver or release is in writing and signed by oavee: and any such waiver or release shall be effective only to the extent specifically set forth in such writing. A waiver cr release as to any event shall not be construed as continuing cr as a waiver or release of any right or remedy to a subsecuent event. - Payee may pledge or sell participations in or transfer t_s Note or any interest in this Note (anal any renewals. eXLens_cns and modifications of this Note) and any such pledgee or transferee shall have all the rights cf Payee with resoec-. ?c this Note (and any renewals, extensions and modifications c_ ;?ls Note) as if such pledgee or transferee were named as ray;== this Note. -n Any notice given hereunder shall be given by mailing suc notice by certified or registered mail, return receipt recues:=- , to the address set forth on the first page of this Note, cr a: such other address as may have been designated by notice tC either party. Any notice shall be effective upon receipt. This Note shall be governed by and construed according the laws of the Commonwealth of Pennsylvania. " Whenever used in this Note, the singular number shall include the plural, the plural the singular, the use of env gender shall be applicable to all genders and the words and "Maker" shall be deemed to include the respective successors and assigns of Payee and Maker. The occurrence of the following event shall constitute a default: The nonpayment of any amount payable under this Note (as hereinafter defined) within fifteen (15) days after t;.e date such payment is due, Upon the occurrence of the default as set forth in this Note, the entire unpaid balance of principal, together with accrued interest thereon, shall become immediately due and payable without presentment, demand, protest or notice of any kind, UPON THE OCCURRENCE OF AN EVENT OF DEFAULT MAKER IRREVOCABLY AUTHORIZES AND EMPOWERS THE PROTHONOTARY OR ANY ATTORNEY TO APPEAR AT ANY TIME FOR MAKER IN ANY ACTION BROUGHT AGAINST MA=- ON THIS NOTE, WITH OR WITHOUT DECLARATION FILED, AS OF ANY TEP„M, AND THEREIN TO CONFESS AND ENTER JUDGMENT AGAINST MAKER FOR 7HE ENTIRE UNPAID PRINCIPAL OF THIS NOTE AND ALL OTHER SUMS PAYABLE PURSUANT TO THE TERMS OF THIS NOTE AND ALL ARREARAGES OF INTED.?=ST DUE PURSUANT TO THIS NOTE, TCGEirsER WITH COSTS OF SUIT. FOR PURPOSES OF ENTERING AND CONFESSING JUDGMENT AGAINST MAKER, IS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE AUTHORITY GRANTED TO CONFESS AND EN`-1=--1' JUDGMENT SHALL NOT BE EM-:RUSTED BY ANY EXERCISE BUT SH ,L CONTINUE AND REMAIN IN EF_`CT UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE PURSUANT. TO :I S NC Iz. In the event Payee takes any legal action (i) to collect a-v amounts due pursuant to this Note or (ii) to protect Pavee's rights pursuant to this Note, Maker shall pay, in addition to a_1 other amounts due pursuant to this Note, all costs and ex-ens-=s incurred by Payee, including attorney's fees. The remedies of Payee at law or at equity or as Drovidec this Note or in any instrument given in connection with this tio:e (a) shall be cumulative and concurrent and (b) may be pursued singly, successively or together at the sole discretion of Payee and (c) may be exercised as often as occasion therefor shall occur. Maker waives and releases (a) all errors, defects and imperfections in any proceedings instituted by Payee under t1nterms of this Note and (b) all benefit that might accrue to Maker by virtue of any present cr future laws (i) exempting any property, real or personal, or any part of the proceeds arisinc from any sale of any such property, from attachment, levy, or sale under execution or (ii) providing for any stay of executicn, exemption from civil process or extension of time for payment: and Maker agrees that any real estate that may be levied upon pursuant to a judgment obtained pursuant to this Note, on any writ of execution issued thereon, may be sold upon any such sn=it in whole or in part and in any order desired by Payee. IN WITNESS WHEREOF, Maker, intending this to be a sealed instrument and to be legally bound, has caused this Note to be duly executed and delivered to Payee the day and year first above written. Attest: By : ? -? President 1 . , The undersigned clearly and specifically understands that by signing the note above referred to above containing a Confession of Judgment clause: 1. Solely upon the occurrence of a default (as defined in thq note). I authorize the Prothonotary of any Court of record or any attorney to enter a judgment against the undersigned and in favor of the holder without. notice and without declaration of default, for non-payment. 2. I waive all right to notice and to have an opportunity tc be heard prior to the entry of the judgment on the Court records, understanding that the only method to challenge this judgment would be by proceedings in Court to open or strike i- which proceedings would result in substantial attorneys fees wV_ch the undersigned would have to pay. (Without such clause containing a Confession of Judgment the holder would have to _-le suit against the undersigned which would give the undersigned an opportunity for a hearing which the undersigned does not have by reason of the Confession,) ` The undersigned acknowledges receipt of a copy of this af_1CI and certifies that after reading and fully understandinc i, theundersigned has signed this affidavit intentionally, understandingly and voluntarily waiving all the above rightZ, being willing to sign such note despite the consequences s=t -- ;- above. Affirmed to and subscribed before me is day of 20Ct . of y Public My Commission Expires: Borg?Ct, •: \neh. 991doaed,er. ate A DEMAND N0TE $45,000.00 Shiremansto n PA Dated: 2002 FOR VALUE RECEIVED, Doorways Unlimited Inc., having an address of P.O. Box 3097,Shiremanstown, PA 17011, (hereinafter "Maker") promises to pay to the order of Nancy and Earl Kosowsky, jointly and severally, having an address of 462 Dolly Drive, Lancaster, PA 17061 (hereinafter collectively "Payee"), the principal sum of$45,000.00 , in lawful money of the United States of America, together with interest on the unpaid principal balance as provided in this Note, as follows: (a) The principal balance shall accrue interest at a rate of 7% per annum. Interest shall accrue from the date of this Note until all amounts due hereunder have been paid in full, (b) Maker shall make quarterly interest payments in the amount of $787,50 each, commencing on the first of the month from the date of this Note and continuing every ninety days thereafter until the principal has been repaid upon demand or voluntarily repaid by the Maker. (c) All amounts due pursuant to this Note shall be payable at 462 Dolly Drive, Lancaster, PA 17061, or at such other place as Payee may from time to time designate in writing. / (d) The rate of interest provided for in this Note shall continue to apply to the debt evidenced by this Note notwithstanding the entry of judgment on this Note. (e) The Payee may demand payment of this indebtedness in full at any time by giving Maker 30 days prior written notice. (f) Maker shall have the privilege of paying the indebtedness evidenced by this Note in full or in part at any time and from time to time without the payment of penalty or unearned interest. Maker shall pay to Payee a late charge equal to five percent (5%) of any payment not received by Payee within fifteen (15) days after the payment is due. All amounts payable pursuant to this Note shall be paid without deduction or set-off. The liability of each Maker, if more than one, pursuant to this Note shall be joint and several. w Maker and all endorsers, sureties and guarantors of this Note jointly and severally (a) waive presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note and (b) agree that the liability of each of them (i) shall be unconditional, without regard to the liability of Maker or of any other of them and (ii) shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee. Maker and all endorsers, sureties and guarantors consent (c) to all extensions of time, renewals, waivers, or modifications that may be granted by Payee with respect to the provisions of this Note and (d) to the release of any collateral held by Payee as security for payment of the indebtedness evidenced by this Note. Maker and all endorsers, sureties and guarantors of this Note each agree that additional makers, endorsers, guarantors or sureties may become parties to or guarantee, endorse or become surety for payment of amounts due pursuant to this Note without notice and without affecting the liability of Maker or any endorser, surety or guarantor of this Note. Payee shall not be deemed, by any act or omission or by any failure to exercise any right or remedy, to have waived or released any of Payee's rights or remedies pursuant to this Note unless such waiver or release is in writing and signed by payee: and any such waiver or release shall be effective only to the extent specifically set forth in such writing. A waiver or release as to any event shall not be construed as continuing or as a waiver or release of any right or remedy to a subsequent event. Payee may pledge or sell participations in or transfer this Note or any interest in this Note (and any renewals, extensions and modifications of this Note) and any such pledgee or transferee shall have all the rights of Payee with respect to this Note (and any renewals, extensions and modifications of this Note) as if such pledgee or transferee were named as Payee in this Note. Any notice given hereunder shall be given by mailing such notice by certified or registered mail, return receipt requested, to the address set forth on the first page of this Note, or at such other address as may have been designated by notice to either party. Any notice shall be effective upon receipt. This Note shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. Whenever used in this Note, the singular number shall include the plural, the plural the singular, the use of any gender shall be applicable to all genders and the words "Payee" and "Maker" shall be deemed to include the respective successors and assigns of Payee and Maker. ,. The occurrence of the following event shall constitute a default; The nonpayment of any amount payable under this Note (as hereinafter defined) within fifteen (15) days after the date such payment is due, Upon the occurrence of the default as set forth in this Note, the entire unpaid balance of principal, together with accrued interest thereon, shall become immediately due and payable without presentment, demand, protest or notice of any kind. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT MAKER IRREVOCABLY AUTHORIZES AND EMPOWERS THE PROTHONOTARY OR ANY ATTORNEY TO APPEAR AT ANY TIME FOR MAKER IN ANY ACTION BROUGHT AGAINST MAKER ON THIS NOTE, WITH OR WITHOUT DECLARATION FILED, AS OF ANY TERM, AND THEREIN TO CONFESS AND ENTER JUDGMENT AGAINST MAKER FOR THE ENTIRE UNPAID PRINCIPAL OF THIS NOTE AND ALL OTHER SUMS PAYABLE PURSUANT TO THE TERMS OF THIS NOTE AND ALL ARREARAGES OF INTEREST DUE PURSUANT TO THIS NOTE, TOGETHER WITH COSTS OF SUIT. FOR PURPOSES OF ENTERING AND CONFESSING JUDGMENT AGAINST MAKER, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE AUTHORITY GRAN'T'ED TO CONFESS AND ENTER JUDGMENT SHALL NOT BE EXHAUSTED BY ANY EXERCISE BUT SHALL CONTINUE AND REMAIN IN EFFECT UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE PURSUANT TO THIS NOTE. In the event Payee takes any legal action (i) to collect any amounts due pursuant to this Note or (ii) to protect Payee's rights pursuant to this Note, Maker shall pay, in addition to all other amounts due pursuant to this Note, all costs and expenses incurred by Payee, including attorney's fees. The remedies of Payee at law or at equity or as provided in this Note or in any instrument given in connection with this Note (a) shall be cumulative and concurrent and (b) may be pursued singly, successively or together at the sole discretion of Payee and (c) may be exercised as often as occasion therefor shall occur. Maker waives and releases (a) all errors, defects and imperfections in any proceedings instituted by Payee under the terms of this Note and (b) all benefit that might accrue to Maker by virtue of any present or future laws (i) exempting any property, real or personal, or any part of the proceeds arising from any sale of any such property, from attachment, levy, or sale under execution or (ii) providing for any stay of execution, exemption from civil process or extension of time for payment; and Maker agrees that any real estate that may be levied upon pursuant to a judgment obtained pursuant to this Note, on any writ of execution issued thereon, may be sold upon any such writ in whole or in part and in any order desired by Payee. A IN WITNESS WHEREOF, Maker, intending this to be a sealed instrument and to be legally bound, has caused this Note to be duly executed and delivered to Payee the day and year first above written, Attest: Doorway jnim' e U By: Warren ne, III, President ?Vd%?V6%4' .. . . • The undersigned clearly and specifically understands that by signing the note above referred to above containing a Confession of Judgment clause: 1. Solely upon the occurrence of a default (as defined in the note), I authorize the Prothonotary of any Court of record or any attorney to enter a judgment against the undersigned and in favor of the holder without notice and without declaration of default for non-payment. 2. I waive all right to notice and to have an opportunity to be heard prior to the entry of the judgment on the Court records, understanding that the only method to challenge this judgment would be by proceedings in Court to open or strike it, which proceedings would result in substantial attorneys fees which the undersigned would have to pay. (Without such clause containing a Confession of Judgment the holder would have to file suit against the undersigned which would give the undersigned an opportunity for a hearing which the undersigned does not have by reason of the Confession.) The undersigned acknowledges receipt of a copy of this affidavit and certifies that after reading and fully understanding it, theundersigned has signed this affidavit intentionally, understandingly and voluntarily waiving all the above rights, being willing to sign such note despite the consequences set forth above. / If Affirmed to and subscribed before me this _day of .7_ 2002, W rcf- X/ Doorway Unlimited, Inc. F?? f ary °li'c `. My Commissik/ Expires: DELL & HOMSHER Adam E. Kosowsky, Esquire Attorney I.D. No. 95001 600-A Eden Road Lancaster, PA 17601 717-581-0620 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EARL and NANCY KOSOWSKY, Husband and Wife, Plaintiffs, V. No. DOORWAYS UNLIMITED, INC, Defendant, AFFIDAVIT I, Adam E. Kosowsky, Esquire, Attorney for Plaintiffs in the above referenced matter hereby state that the judgment entered in the above matter is not being entered by confession against a natural person in connection with a consumer credit transaction. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to sworn falsification by authorities. Adam E. Kosowsky, Esquire Attorney I.D. No. 95001 COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF LANCASTER: On this, the INay of , before me, the subscriber, a Notary Public in and for the aforesai Commonwealth and County, personally appeared ADAM E. KOSOWSKY. ESQ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOWW feel f am X fbltsl^ NOWY Pubic MW*MM .. umsew 0"* DELL & HOMSHER Adam E. Kosowsky, Esquire Attorney I.D. No. 95001 600-A Eden Road Lancaster, PA 17601 717-581-0620 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EARL and NANCY KOSOWSKY, Husband and Wife, Plaintiffs, V. No. DOORWAYS UNLIMITED, INC, Defendant, CERTIFICATE OF RESIDENCE that: I, Adam E. Kosowsky, Esquire, Counsel for Plaintiffs in the above action hereby certify Plaintiffs are adult individuals with an address of 507 Beford Place, Lititz PA 17543; AND Defendant is a Domestic Pennsylvania Corporation with a mailing address of P.O. Box 3097, Shiremanstown PA, 17011, with its princi 1 place of business at 444 Railroad Avenue, Shiremanstown PA, 17011. 4I _ am E. Kosowsky, Esquire Attorney I.D. No. 95001 COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF LANCASTER: On this, the 0?lay of before me, the subscriber, a Notary Public in and for the afores ' Commonwealth and County, personally appeared ADAM E. KOSOWSKY. ESO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Ar MM L OF FEW$ Nolaft Seal &mn Y. MN11F16U111Yrp., at OuCr MY E Jan. 12, 2640 DELL & HOMSHER Adam E. Kosowsky, Esquire Attorney I.D. No. 95001 600 A Eden Road Lancaster, PA 17601 717-581-0620 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EARL and NANCY KOSOWSKY, Husband and Wife, Plaintiffs, V. No. DOORWAYS UNLIMITED, INC, Defendant. CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing document upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service Via First Class Mail to: Doorways Unlimited, Inc. 4441 RailRoad Avenue Shiremanstown, PA 17011 Date: u C -? ax Doorways Unlimited, Inc. P.O. Box 3097 Shiremanstown, PA 17011 DE & HOMSHER Adad-E. Kosowsky, Esquire Attorney I.D. No. 95001 bil O g O D Q? 3 m c? 4 5 r C-1:1 t ?! 8:7- co O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION CV60C ® Confessed Judgment Other File No.?.?,?`? `- ?la?•+1•''? AmouatDue V. '' 9av??? ?,??lM?"J ZNC TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not wise out of a retail installment sale, contract, or account based an 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 law writ of execution in the above matter to the Sheriff of ti n++?y??a County, for debt, Werest and coats, upon the following described property of the defendant (s) Issue writ of attachment to the Sheriff of County, for debt, itnereat and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis r de s described in the attached exhibit. Date $/ 1 Z / O Signature: Print Name: Address: . Interest : Atty's Comm : Costs against real estate of the /// l & DL Attorney for. A, tj? Telephone: l ?5-81 - Obi 2-c-? Supreme Court ID No: t r -v-/ 04 SL 1,e m -t-s 22, . ;4 1'a 110t t PRAECIPE FOR ATTACHMENT EXECUTION W 9> co W co WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3782 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EARL and NANCY KOSOWSKY, Plaintiff (s) From DOORWAYS UNLIMITED, INC., 4441 Railroad Avenue, Shiremanstown, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all inventory in warehouse, all vehicles, tools, equipment, office furniture, computers, andy and all prperty of defendant located at 4441 Railroad Avenue, Shiremanstown, PA 17011 . (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 $100,725.00 Interest Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 8/14/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs fl;ftrtis; R. LoWIRF onota By: Deputy REQUESTING PARTY: Name ADAM E. KOSOWSKY, ESQUIRE Address: 600-A EDEN ROAD LANCASTER PA 17601 Attorney for: PLAINTIFF Telephone: 717-581-0620 Supreme Court ID No. 95001 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-03782 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND KOSOWSKY EARL ET AL VS DOORWAYS UNLIMITED INC And now CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0009:14 Hours, on the 26th day of September, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DOORWAYS UNLIMITED INC hands, possession, or control of the within named Garnishee GEORGE MESSINGER 444 RAILROAD AVE SHIREMANSTOWN, PA 17011 Cumberland County, Pennsylvania, by handing to in the GEORGE L. MESSINGER personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to His . Sheriff's Costs: So answers: Docketing .00 ?00 Service .00 ?Affidavit .00 Surcharge .00 R. Thomas Kline .00 Sheriff of Cumberland County 09/29/2008 By 4Z- 040???z X,,/? Sworn and Subscribed to before me De uty Sheri f this Day of , A. D. R. Thomas Kline, Sheriff, who being duly sworn according to law, states his writ is returned STAYED, WRIT IS EXPIRED. Sheriff's Costs: Advance Costs: -W i Sheriff's Costs: Docketing 18.00 Poundage 1.88 Law Library 'i .50 Prothonotary 2.00 Mileage 13.00 Surcharge 30.00 Garnishee 9.00 Ley- C 20.00 Passage 1.72 TOTAL; 96.10 ? ?- I 150.00 96.10 53.90 Refunded to attorney 05-20-09 g,f/ a9 ?- ! RJL-1: Imo, *;' So Answers- R. bomas Kline, Sheriff By (7) r-O NJ ?j titi.{ h i ?p,`t! bG0 III, :? C- a,oU ?- 0 w r u2 G G sZ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3782 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EARL and NANCY KOSOWSKY, Plaintiff (s) From DOORWAYS UNLIMITED, INC., 444/Railroad Avenue, Shiremanstown, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all inventory in warehouse, all vehicles, tools, equipment, office furniture, computers, andy and all prperty of defendant located at 4441 Railroad Avenue, Shiremanstown, PA 17011. (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 $100,725.00 Interest Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 8/14/08 L.L. $.50 Due Prothy $2.00 Other Costs C . Long, Pr ary (Seal) By: Deputy REQUESTING PARTY: Dame ADAM E. KOSOWSKY, ESQUIRE Address: 600-A EDEN ROAD LANCASTER PA 17601 Attorney for: PLAINTIFF Telephone: 717-581-0620 Supreme Court ID No. 95001