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HomeMy WebLinkAbout04-1201 64 - I d-61 COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENTITRANSCRIPT .cOUNTY OF: YORK CIVIL CASE Mag. Dist. No.: PLAINTIFF: NAME and ADDRESS 19-3-09 'MONARCH PRODUCTS CO INC 385 SIPE ROAD YORK HAVEN, PA 17370 L I OJ Name: Hon. SCOTT J. GROSS Add"" 686 YORKTOWNE ROAD OFF OF EXIT 35, 1-83 LEWISBERRY, PA T'''phoo", (717) 938-2523 -.I VS. 17339 DEFENDANT: IH A BROWN INC 257 WHISKEY SPRINGS DILLSBURG, PA 17019 L NAME and ADDRESS I RD. MONARCH PRODUCTS CO INC 385 SIPE ROAD YORK HAVEN, PA 17370 Docket No.: cv- 0000641- 02 Date Filed: 12/10/02 -.I 1& ~ , THIS IS TO NOTIFY YOU THAT: Judgment: 00 Judgment was entered for: DEFAULT JUDGMRl\IT PLTF (Name) MnNlt.1U'.H PRnnnr.'1'R rnTNr 00 Judgment was entered against: (Name) H It. RROWN TNC in the amount of $ R,11'Lnn on: (Date of Judgment) 1/1 n/nl D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 8,000.00 $ 113.00 $ .00 $ .00 $ 8,113.00 D Amount of Judgment SUbject to Attachmentl42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1/10/03 Date ~ ~ 2-2b-tJ'( Date . , District Justice , District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-03 DATE PRINTED: 2/25/04 11:01:24 AM ~ A ~ ~ :::J. +-- <,j\ 0 ~ (Y\, ~ ---- ~~ C> --J Jv ~ ~F: ~ V\J I )...., \'--' \ ~ ~ ---.. -S) ~ ~J ( --- U\ , <;.A e {' --... <.....J'-\ <X C> F0 Cl' ~ C) ,_:) -,-; .- " ::;:1 -" hi;Z,J i".l ,.,.., c;::.1 f"':l 5:) --....... U')~ , "I- ~ \ t:? U"\ ~D \) -C \ ~ a .-- [). IN THE COURT OF COMMON PLEAS OF ClIMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MONARCH PRODUCTS CO., ]NC. : ( ) Confessed Judgment Plaintiff : (X) Other - District Justice ()<f~ ().O I v. : NO. CIVIL TERM H.A. BROWN, INC. 257 Whiskey Springs Road Dillsburg, P A 17019 Defendant : Amount Due: $8,] I3 : Interest from January 10, 2003 : Attorney's Commission: Costs: M&TBank One West High Street Carlisle, P A 17013 Camp Hill Post Office 1675 Camp Hill Bypass Camp Hill, PA ]7011 ./ PRAECIPE FOR WRIT OF EXECUTION TO: Curtis R. Long, Prothonotary The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966, as WAYNE F. SHADE amended. Attorney at Law 53 West Pomrret Street Carliste, Pennsylvania 17013 WAYNE F. SHADE Attorney at Law 53 West )lomfTel Street Carlisle, Pennsylvania 17013 Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, Pennsylvania, for debt, interest and costs upon the following described property of Defendant levy on Defendant's inventories and equipment and against M&T Bank, Camp HilI Post Office, Camp HilI, Pennsylvania, and DiIlsburg Post Office, DilIsburg, Pennsylvania, as Gamishees. PRAECIPE FOR A TT ACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, Pennsylvania, for debt, interest and costs, as above, directing attachment against the above-named Garnishees for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list): for all property of Defendant in the possession, custody or control of the said Garnishees. Date: March 22, 2004 t{/~ ~ Wayne t. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff \~ R c ~ U0 "A r C-- --.J (t-" ,.,.... " 't- ~ '"" \ ------- ----..... L5'1 -! 'rG ~\) (' '-J' "v c <.)', '-- d c: , ,'.. ,: ~1 w " ' ",', WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MONARCH PRODUCTS CO., INC. Plaintiff (s) From H. A. BROWN, INC., 257 WHISKEY SPRINGS ROAD, DILLSBURG PA 17019 NO 04-1201 Civil CIVIL ACTION - LAW (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFT'S INVENTORIES AND EQUIPMENT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of M&T BANK, ONE WEST HIGH ST., CARLISLE PA 17013 and CAMP HILL POST OFFICE, 1675 CAMP HILL BYPASS, CAMP HILL PA 17011.GARNISHEE(S) as follows: ALL PROPRTY OF DEFT IN POSSESSION, CUSTODY OR CONTROL OF SAID GARNISHEES AND SERVE INTERROGATORIES.. 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,113.00 Interest FROM 1/10/03 L.L. Atty's Comm % Atty Paid $37.25 Plaintiff Paid Date: MARCH 22, 2004 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG proth~tary --1 ( \ By:/\ ~ .t-J-d-:l-fl. L"'11 ., Deputy (J REQUESTING PARTY: Name WAYNE F. SHADE, ESQ. Address: 53 W. POMFRET ST. CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-0220 Supreme Court ID No. 15712 , Al'FmAv:tT or NO APPBU. ii//<! O. ~rlf;tJ/lP~ /llN1d/c~Adaai3 a./ .-1-/7 (}. Plaintiff D:l.etr:l.ctoJ'Wlt:i.:c:e Docket 1IImII>er: (}1"'-{rY!-t!Z VB. If OLf:- IdJ) l ~ Jill. 13rtlW1 In~. J)efenclant All of ~?C::?~Y A Dbtr:l.C/ z:uce appeal. be not been filed :l.n the Court of CCIIIIIIIOZl Pl.a. of lftJTR County :I.n. !:be above captioned _tter. 4Q~~ PAMELAS.lEE,PROTHONOTARY MY COMMISSION EXPIRES JANUARY 7. 2008 :~~ ) WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 . MONARCH PRODUCTS CO., INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04- I;;J. 0 I CIVIL TERM H.A. BROWN, INC., Defendant INTERROGATORIES TO GARNISHEE TO: M&T Bank One West High Street Carlisle, PA 17013 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. The answers must be in writing and under oath. You are warned that if you fail to do so, a judgment may b,~ entered against you by the court without further notice for any money claimed by Plaintiff against Defendant. 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 LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Date: March 22, 2004 . 1. State with respect to the time that you were sl~rved with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether or not you owed any Defendant any money; y~ (b) Whether or not you were liable to any Defe:ndant on any negotiable or other written instrument; or (\0 (c) Whether an)' Defendant claimed that you owed any Defendant any money or were liable to any Defendant for any reason. y~' 2. If any of your responses to Interrogatory No.1 above are in the affirmative, state, as follows: (a) The amounts which you owed any Defendant or which any Defendant claimed .rlJ Balances Provided you owed; (]f 4-) lO'-t. ~D May not Reflect Unposted Transactions or Legal Document Processing Fees (b) If there is more than one Defendant, which Defendant you owed or were claimed to have owed; () ( tr'- WAYNE F. SHADE Attorney at Law 5] WestPomfretStreet Carlisle. Pennsylvania 17013 -2- . (c) The reasons why such sums were owed by you; '))~d-~-\v C\.cc:.~- (d) Whether or not the obligations creating the ,debt were in writing; and The information sought by this qUfSti~n is not readily a.llilalll.lrom the bank s computer systems. Upon inlormatlon . lU1d belief. the infoTIPtion sought by tins ques~on may be available from documeD:\S that can obtain.d by the semce of a subpoena duoes teCum. (e) The dates when such sums became owed by you. 1~~b.Lt- 311-~D'-f 3. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: ( a) Whether you held legal title to any property of any nature which was actually legally or equitably owned solely or in part by any Defendant; (\0 (b) The fractional interests of all joint owners or custodians including yourself; WAYNE F. SHADE Attorney al Law 53 West Pomfrct Street Carlisle, Pennsylvania 170\3 -3- WAYNE f. SHADE Attorney at Law S3 West Pomfret Street Carlisle, Pennsylvania 17013 (c) Descriptions of all such items and identifications as to any particular joint custody or ownership; (\ 0 (d) Values of each of such items; n I 0-.- (e) Whether or 1I0t the items are encumbered; () I V- (t) If encumbered, the names and addresses of the encumbrance holders; n I V\...../ (g) If encumbeNd, since when; nl fr--- (h) If encumbered, the amount of the initial e:ncumbrance; f\ t V-- (i) If encumbered, the amount of the present balance of the encumbrance; f\ I~ G} If encumbered, whether or not such items were subjected to a security interest; and f't IV- -4- (k) If subjected to a security interest, where and when the security interests were filed. n ( ~ 4. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether you held as fiduciary any property in which any Defendant had an interest; (\'0 (b) Descriptions of all such item~;( fA--- (c) Values of each of such items; I f\ t1'-- (d) Whether or not the items are encumbered; n( u-.--- (e) If encumbered, the names and addresses of the encumbrance holders; nlcr- WAYNE F. SHADE Attorney at Law 53 West Pomfrct Street Carlisle, Pennsylvania 17013 -5- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (f) If encumben:d, since when; (\ ( v--- (g) If encumbered, the amount of the initial encumbrance; (l! 0-- (h) If encumbered, the amount of the present balance of the encumbrance; n! V-- (i) If encumbered, whether or not such items were subjected to a security interest; and f) It/'-- G) If subjected to a security interest, where and when the security interests were tiled. {\ (V-- -6- 5. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Any property which you transferred or delivered to any person or place in (10 satisfaction of a claim which anyone had against any Defendant; (b) The dates of transfer; (\ ( v---- (c) The names and addresses ofthe transferees; n./?---.- (d) The family relationships, if any, to any Ddendant of any such transferees; n (rA- (e) Descriptions of all such items; () I LI--.- WAYNE F. SHADE Attorney at Law 53 West Pomfn:! Street Carlisle, Pennsylvania 17013 -7- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (1) Values of each of such items; niti'---- (g) Whether or not the items were encumbered; n /0.-- (h) If encumbeNd, the names and addresses of the encumbrance holders; n/u-- (i) If encumbered, since when;l'l! ~ G) If encumbered, the amount ofthe initial encumbrance; () I '^'---- (k) If encumber~d, the amount of the balance of the encumbrance at the date of transfer; (l/~ -8- (I) If encumbered, whether or not such items were subjected to a security interest; and (\/~ (m) If subjected to a secUrity interest, where and when the security interests were filed. f\ (0- 6. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether or not there were any other executions pending against any Defendant as to which you were listed as Garnishee; () 0 (b) Ifso, the names and addresses of the lienholders; () 1(>-- (c) Ifso, state the Courts from which such executions issued and the docket numbers of the executions; and f\ ( tA- WAYNE F. SHADE Attorney at Law S3 West Pomfret Street Carlisle, Pennsylvania 170\3 -9- (d) Ifso, state the amounts of the executions. n/rr- These Interrogatories shall be deemed to be continuing Interrogatories. If after the time of your answer you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. . WALSTON tAT BANK w~~a~ Supreme Court No. 15712 53 West Pornfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 MAR' 6 2004 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West pOll'lfret Street Carlisle, Pennsylvania 17013 -10- I verify that I am authorized by Garnishee to make this Affidavit and that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief. I underst~md that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: tAAR' 6 2004 M&T BANK BY__ TALlAS. WALSTON M&TBANK WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 C) c- ..,-,',.. ...,.." f~~ ( : '~,..r ,--- . ." mi -< ~~ c:;~ ...~ .L- !;:; o " .... f*-n 'i= "Vrfl ~U ~"1 (~6 s,t~ ;_.~; ~~:rrl .......i I (.;1 ".' ::Ji:. ~;' -.J --< WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 MONARCH PRODUCTS CO., INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 04-1201 CIVIL TERM H.A. BROWN, INC., Defendant M&T BANK, Garnishee PRAECIPE TO: Curtis R. Long, Prothonotary Please enter judgment in favor of Plaintiff and against M&T Bank as Garnishee in the above-captioned matter in the amount of $4,704.30 pursuant to the answers of Garnishee to the Interrogatories to Garnishee. Date: April 2, 2004 a;~ E~ Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff ~~~~ t ~ ~ ~ , ~ ,-'I ~ () . '~~ -,j ~. lj- ~ ~ - '-'~\ ~, 'l--- :---fl - ~ 01 -- c.:-'. \-...) -.,' r,,) WAYNE F. SHADE Attorneyal Law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 MONARCH PRODUCTS CO., INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO, 04- I J 0 I CIVIL TERM H.A. BROWN, INC., Defendant INTERROGATORIES TO GARNISHEE TO: M&T Bank One West High Street Carlisle, PA 17013 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. The answers must be in writing and under oath. You are warned that if you fail to do so, a judgment may be entered against you by the court without further notice for any money claimed by Plaintiff against Defendant. 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 LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Date: March 22, 2004 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 1. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether or not you owed any Defendant any money; yer;,. (b) Whether or 1I0t you were liable to any Defendant on any negotiable or other written instrument; or (\0 (c) Whether an) Defendant claimed that you owed any Defendant any money or were liable to any Defendant for any reason. y~ 2. If any of your responses to Interrogatory No. I above are in the affirmative, state, as follows: (a) The amounts which you owed any Defendant or which any Defendant claimed .tb Balances Provided you owed; i]f 4-) 7 o'-i-. 3 D May not Reflect Un posted Transactions or Legal Document Processing Fees (b) If there is more than one Defendant, which Defendant you owed or were claimed to have owed; () ( tr-- -2- WAYNE F. SHADE AttorneyalLaw 53 West Pomfret Street Carlisle, Pennsylvania ]7013 (c) The reasons why such sums were owed by you; ,))~d-~--tu ~CC~ (d) Whether or not the oBligations creating the debt were in writing; and The information sought by this quos\IDn is not NlIdUy available from the bank s CODlpu\er systems. Upon information . '\1d belief. the inf01'llOUon sought by thIS que:on may be available from dOC1llJlenls that can obtained by the ..mile of a subpoena duoes tecum. (e) The dates when such sums became owed by you. I~i.t- 311.~ D'f 3. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows; (a) Whether you held legal title to any property of any nature which was actually legally or equitably owned solely or in part by any Defendant; no (b) The fractional interests of all joint owners or custodians including yourself; -3- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 170]3 (c) Descriptions of all such items and identifications as to any particular joint custody or ownership; (\ 0 (d) Values of each of such items; n 10.-. (e) Whether or not the items are encumbered; f) I V-- (f) If encumbered, the names and addresses of the encumbrance holders; n I ~. (g) If encumbered, since when; f) /0--. (h) If encumbered, the amount of the initial encumbrance; f\ ( v-...- (i) If encumbered, the amount of the present balance of the encumbrance; fl/~ (j) If encumbered, whether or not such items were subjected to a security interest; and f) IV- -4- WAYNEF,SHADE Attorney at Law 53 West Pomfret Street Carlisle, Penll$Ylvanill 17013 (k) If subjected to a security interest, where and when the security interests were filed. n I {I'../ 4. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether you held as fiduciary any property in which any Defendant had an interest; (1.'0 (b) Descriptions of all such item~1 A.--- (c) Values of each of such items; I f\ v.-- (d) Whether or not the items are encumbered; n( v..--..- (e) If encumbered, the names and addresses of the encumbrance holders; n/c-- -5- WAYNE F. SHADE Attorney at Law 53 West Pomfre! Street Carlisle, Pennsylvania 17013 (f) If encumbered, since when; (II v--- (g) If encumbered, the aIl10unt of the initial encumbrance; n!t^- (h) If encumbered, the amount of the present balance of the encumbrance; nl 0-- (i) If encumbered, whether or not such items were subjected to a security interest; and () /0- G) If subjected to a security interest, where and when the security interests were filed. (\ 10- -6- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]7013 5. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Any property which you transferred or delivered to any person or place in satisfaction of a claim which anyone had against any Defendant; (10 (b) The dates of transfer; () If--- (c) The names and addresses ofthe transferees; n./?-..-- (d) The family relationships, if any, to any Defendant of any such transferees; n(fA.- (e) Descriptions of all such items; (j / ti-- -7- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (t) Values of each of such items; f) I ~ (g) Whether or not the items were encumbered; fll A-- (h) If encumbeNd, the names and addresses of the encumbrance holders; () ! u-- (i) If encumbered, since when~ ( ~ G) If encumbered, the amount of the initial encumbrance; (l ( ~ (k) If encumber~d, the amount of the balance of the encumbrance at the date of transfer; (l/~ -8- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (I) If encumbered, whether or not such items were subjected to a security interest; and n/~ (m) If subjected to a secUrity interest, where and when the security interests were filed. fll V- 6. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether or not there were any other executions pending against any Defendant as to which you were listed as Garnishee; n 0 (b) Ifso, the names and addresses of the lienholders; () Iv-.- (c) If so, state the Courts from which such executions issued and the docket numbers of the executions; and fl!0- -9- (d) Ifso, state the amounts of the executions. nlV'-- These Interrogatories shall be deemed to be continuing Interrogatories. If after the time of your answer you or anyone acting in your behalf learn or obtain additional infonnation requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. MAR J 6 2004 TA' I.~ WALSTON MaT BANK tZf~~ WayntF. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 -10- II WAYNE F. SHADE Attomeyat Law 53 West Pomfrel Street Carlisle. Pennsylvania 17013 I verify that I am authorized by Garnishee to make this Affidavit and that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: MAR S 6 2004 M&T BANK By: TALlAS. WAlSTON M&T BANK WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 MONARCH PRODUCTS CO., INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 04-1201 CIVIL TERM HA BROWN, INC., Defendant PRAECIPE TO: Curtis R. Long, Prothonotary Please mark satisfied the garnishment in the above-captioned matter issued against the Di\lsburg Post Office on March 23, 2004. Date: April 30, 2004 ~~'~~ Wayn . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff GR ~J L/\ ~ ~ ........ ~ ~ .--J ~ C) c::: s::: -om n1rTi Z::,' -:-.....( (j) le: ~() ;;;; Zc ~~ ..... = = ...,.. ". " :;0 w o o "TI ~,:n "hi ""09 i::36 ~::n ZO om ';;! ~ ...., ::J: N .. N .s:- SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-01201 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MONARCH PRODUCTS CO INC VS BROWN H A INC And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0012:48 Hours, on the 24th day of March , 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BROWN H A INC , in the hands, possession, or control of the within named Garnishee M & T BANK 1 WEST HIGHT STREET CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to TAMMY SEIBERT (CUSTOMER SERVICE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answerf~ ~ .~X({"" . A ~,,_____ ~ R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me By ~i4"riff this /$c:t. day of 7V\.._\/ ~ -,'1 A.D. t( ~_.l.\.. 7'1\:ac.J...~1t' .a ~ 1/ Prothonotary (J I (J SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-01201 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MONARCH PRODUCTS CO INC VS BROWN H A INC And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:15 Hours, on the 26th day of March 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BROWN H A INC , in the hands, possession, or control of the within named Garnishee CAMP HILL POST OFFICE 1675 CAMP HILL BYPASS CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to KEVIN COLLINS (SUPERVISOR) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 S~~? /./ r -~ St . -.., ~ .f"'" .-&-r. t R. Thomas Kline Sheriff of Cumberland County 00/00/0000 this /.3 c:I-- day of -mr 'j ~ OJ. . '1' A.D. f/ ....g.... .:" ~, ..1'1}.fI" ../J,.A..~ o Prothonotary I ~ By ~U,y 'n Sworn and subscribed to before me I\1 THE COURT OF COMMON PLEAS OF CVMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MONARCH PRODUCTS CO., INC. : ( ) Confessed Judgment Plaintiff : (X) Other - District Justice v. : NO. 04-1201 CIVIL TERM H.A. BROWN, INC. 257 Whiskey Springs Road DilIsburg, PA 17019 Defendant : Amount Due: $3,006.62 Interest from April 20, 2004 : Attorney's Commission: Costs: M&T Bank One West High Street Carlisle, P A 17013 Garnishee PR.l\ECIPE FOR WRIT OF EXECUTION TO: Curtis R. Long, Prothonotary The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but ifit does, it is based on the appropri ate original proceeding filed pursuant to Act 7 of 1966, as amended. tt Rc-Issue Writ ofEx~cution in the above matter to the Sheriff of Cumberland County, Pennsylvania, for debt, interest and costs upon the following described property of Defendant levy on Defmdant's inventories and equipment and against M&T Bank. WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 'l6') fer -0e f~ C-r1JV'45tfhn Wv~ c;c{i, WO-'{M 5~ 't-it-Ocp JPs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 PRAECIPE FOR A TT ACHMENT EXECUTION Issue Writ of Atlachment to the Sheriff of Cumberland County, Pennsylvania, for debt, interest and costs, as above, directing attachment against the above-named Garnishees for the following property (if real estate, supply six copies of the description; supply four copies oflengthy personalty list): for all property of Defendant in the possession, custody or control of the said Garnishees. Date: August 17,2004 A'i'~~~ Wayn . Shade, EsqUIre Supreme Court No. 15712 53 West Pomfret Street Cadisle, Pennsylvania 17013 Tekphone: 717-243-0220 Attorney for Plaintiff --- ~ ('- --.., ~c ~ '\-. -...J~ (--V J , U' DJ "'" C) c~, ~;~: :;;: ..... , (0) :;:,;.. ':,',:. (~') -ry C') ..(,'- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1201 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MONARCH PRODUCTS CO., INC. PIaintiff(s) From H. A. BROWN, INC., 257 WHISKEY SPRINGS ROAD, DILLSBURG PA 17019. (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFT'S INVENTORIES AND EQUIPMENT. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of (AMENDED) M & T BANK, ONE W. HIGH ST., CARLISLE PA 17013,GARNISHEE(S) as follows: (AMENDED) FOR ALL PROPERTY OF DEFT IN THE POSSESSION, CUSTODY OR CONTROL OF SAID GARNISHEE. and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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) Ifproperty of the defendant(s) not levied upon an subject to attacllunent 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 $3,006.62 (AMENDED) Interest FROM 4/20/04 (AMENDED) Atty's Comm % Atty Paid $37.75 (AMENDED) Plaintiff Paid Date: MARCH 22, 2004 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG :r~~ 0- depu REQUESTING PARTY: Name WAYNE F. SHADE, ESQ. Address: 53 W. POMFRET ST CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-0220 Supreme Court ID No. 15712 4-E~ ~~ C>-V"\ .,.-., --;--. 'L~~ ~~~ ~i~ ~' WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 , MONARCH PRODUCTS CO., INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. H.A. BROWN, INC., Defendant : NO. 04-1201 CIVIL TERM ~~ -b INTERROGATORIES TO GARNISHEE TO: M&T Bank One West High Street Carlisle, PAl 70 13 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. The answers must be in writing and under oath. You are warned that if you fail to do so, a judgment may be entered against you by the court without further notice fox any money claimed by Plaintiff against Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 I 3 Telephon,~: (717) 249-3166 Date: August 17, 2004 WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 , 1. State with respect to the time that you were serveJkwi$cf~e Writ in the above- ~ l7ofl7Ces A captioned matter or at any subsequent time, as follows: Doc';filI7Sfil~f!f!ec:u.llided mel7t ~o,.,s Or npOSte (a) Whether or not you owed any Defendant any money; ocesSi;ega/ d (to ?J/JvQ ~~ees (b) Whether or 1I0t you were liable to any Dl~fendant on any negotiable or other written instrument; or (\0 (c) Whether any Defendant claimed that you owed any Defendant any money or were liable to any Defendant for any reason. (10 2. If any of your responses to Interrogatory No.1 above are in the affirmative, state, as follows: (a) The amount~, which you owed any Defendant or which any Defendant claimed you owed; f\(~ (b) If there is mlJre than one Defendant, which Defendant you owed or were claimed to have owed; nil'- -2- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 .. (c) The reasons why such sums were owed by you; n(1r-- (d) Whether or not the obligations creating the debt were in writing; and r'lv- (e) The dates when such sums became owed by you. n/~ 3. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether you held legal title to any prop~:rty of any nature which was actually legally or equitably owned solely or in part by any Defendant; !to (b) The fractional interests of all joint owners or custodians including yourself; r'f p-- -3- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 . (c) Descriptions of all such items and identifications as to any particular joint nlrr- custody or ownership; (d) Values of each of such items; /l)v,- ry~ (e) Whether or not the items are encumbered; (f) If encumhen,d, the names and addresses of the encumbrance holders; vy~ (g) If encumber.;d, since when; fl ! 0-- (h) If encumber.;d, the amount of the initial encumbrance; ()/~ (i) If encumbered, the amount of the present balance ofthe encumbrance; () Iv G) If encumbered, whether or not such items were subjected to a security interest; and -4- n!~ WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle,Pcrmsylvania 17013 filed. (k) If subjected to a security interest, where lmd when the security interests were nit^- 4. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: interest; (a) Whether you held as fiduciary any propelty in which any Defendant had an (\0 (b) D<=iptiorn of ,U ,o,b ;t<mil! ~ (c) Values of each of such items; n/~_ (d) Whether or lIot the items are encumbered; 1~ (e) If encumbered, the names and addresses of the encumbrance holders; -5- I\(~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 and filed. (f) If encumben,d, since when; n/0- (g) If encumben~d, the amount of the initial e,ncumbrance; n/"- (h) If ~riFO 'mooot of tho pre=t balanre of tho ~_b~,,, (i) If encumbered, whether or not such items were subjected to a security interest; n(A-- (j) If subjected to a security interest, where and when the security interests were {\/~ -6- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 5. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Any property which you transferred or ddivered to any person or place in satisfaction of a claim which anyone had against any Defendant; (VD (b) ""d~"of_f~; n / tr-- (0) Tho "~"..d "''''''',,' ,ftho trnn,f=,,; ()/ ""- (d) The family relationships, if any, to any Defendant of any such transferees; /'I/?-- (e) Descriptions of all such items; I [\ ^- -7- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (f) Values of each of such items; 0/t-- (g) Whether or not the items were encumbered; ()!~ (h) If encumberl~d, the names and addresses of the encumbrance holders; (\ /0-- (i) If encumbered, since when; (1/ fA- (j) If encumbered, the amount of the initial encumbrance; (II t~ (k) If encumberl~d, the amount of the balancl~ of the encumbrance at the date of transfer; n(~ -8- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I .. and filed. (I) If encumbered, whether or not such items were subjected to a security interest; ()/~ (m) If subjected to a security interest, where and when the security interests were n/~ 6. State with respect to the time that you were served with the Writ in the above- captioned matter or at any subsequent time, as follows: (a) Whether or not there were any other executions pending against any Defendant as to which you were listed as Garnishee; no (b) Ifso, the names and addresses of the lienholders; n! '^-- (c) Ifso, state the Courts from which such executions issued and the docket numbers of the executions; and y~ -9- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ; ..' (d) If SO, state the amounts of the executions. ryt^-- These Interrogatories shall be deemed to be continuing Interrogatories. If after the time of your answer YOIl or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the saml~. //hUW~~ r-~ ~lade, Esquire Supreme Court No. 15712 53 West Pornfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -10- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ... -".' I verifY that I am authorized by Garnishee to make this Affidavit and that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: ~5EP 09 2004 M & T BANK LEGAL DOCUMENT PROCESSING P,O, BOX 844 BUFFALO, NY 14240 g?J".u;;;;;,;, ~l: ~,= f= . ~ (") ~;; '" = L~.-:') .c- (/) P"1 V o .,., -j Ii' n1--- -Or:;; :OCJ ()':S . ;1 ~'_ ;=},~~ ~, ::-' 2) :.< ~- ( t~ ~~ =2 N N (.n Q;"I ~ . iII& ~- SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-01201 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MONARCH PRODUCTS CO INC VS BROWN H A INC And now DAVID MCKINNEY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:25 Hours, on the 3rd day of September, 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BROWN H A INC , in the hands, possession, or control of the within named Garnishee M & T BANK 1 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to SCOTT TUCKER (SELECT BANKER) personally three copies of interogatories together with 3 true and attested copies of the within REISSUED/AMENDED WRIT OF and made the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge So ans~~..,".JI1 /j .~ _~I~ If. ......:-I"~~ R. Thomas Kline Sheriff of Cumberland County .00 .00 .00 .00 .00 .00 00/00/0000 Sworn and subscribed to before me this 1.5~ day of xlr~ .2ilV~A.D. / Q~ P 0 onotary . ~ By PM~J Deputy She~ SHERIFR'S RETURN - GARNISHEE CASE NO: 2004-01201 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND MONARCH PRODUCTS CO INC VS BROWN H A INC And now VALERIE WEARY ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn accor ing to law, at ~013:08 Hours, on the 25th day of February, 2005, attached as herein cowmanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BROWN H A INC , in the hands, possession, or control of the within named Garnishee M & l' BANK 1 WEST HIGH ST CARLISLE, PA 17013 cumberland County, Pennsylvania, by handing to LAREN LIGHTNER (TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION/REISS/A nd made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge So ~~'t--<~ !' .00 .00 .00 .00 .00 .00 R. Thomas Kline Sheriff of Cumberland C unty 02/28/2005 this '"I t'~&).e 1.",-- By ~ Sworn and subscribed to before day of ~ A_D. me ,"th(mt::t:/-Ih ~,., -~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 MONARCH PRODUCTS CO., INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 04-1201 CIVIL TERM H.A. BROWN, INC., Defendant PRAECIPE TO: Curtis R. Long, Prothonotary Please mark the docket in the above-captioned matter satisfied as to the judgment and costs. Date: June 2,2006 ~~r~ Wayne F. Shade, EsqUIre Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff (") c ..~, ,- j"'" ,......, = = 0'"> L c::: _~7';" -.:,,- o '"Tl :e rn ::0 , ~go -, I .~.~ () -J" --~ :;J~~ ?3m :;-1 ~ -< I N -a -',,,. ..-:!;.. N c::; .&""