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HomeMy WebLinkAbout08-5338•COMMONWEALTH OF PENNSYLVANIA ' . NOTICE OF ASE /TRANSCRIPT V D COUNTY OF: CUMBERLAND I I a--S"3w L C May. Dist No : PLAINTIFF: NAME and ADDRESS r 09-3-05 PENN FUEL PROPANE LLC MDJ Name: Hon. 40 ROADWAY DRIVE MARK MARTIN C/O GEORGE C RBODES,JR DN Address: 507 N YORK ST LCARLISLB, PA 17013 J MECBANICSBURG, PA VS. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 766-4575 17055 rFREEDOM PROPANE, INC, ET AL. 96 CLOUSER ROAD MECBAMICSBURG, 17055 L J PENN FUEL PROPANE LLC 40 ROADWAY DRIVE Docket No.: CV-0000181-08 C/O GEORGE C RBODES, JR DM Date Filed: 6/17/08 CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JU DGMENT PLTF (Date of Judgment) 7/11/08 ® Judgment was entered for: (Name) PENN FUEL PROPANE LLC ® Judgment was entered against: (Name in the amount of $ 8,168.0 FREEDOM PROPANE, INC Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 8,000.00 Judgment Costs $ 168.00 Interest on Judgment $ .00 Attorney Fees $ • Total $ 8,168.00 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 7 4rz-f- ql Date agist?rial Dis1ict J.ddge I certify hat this is a true and correct copy of the record of the proceedings containinsAie judoment. -? d9 - Date Magisterial District Judge My commission expire,? londay of January, 2012. SEAL AOPC 315-07 cz z.-, t?s va --? tryr- -I a co 4 t. _ r z_ = r-9 am -A?csC ;,,JDOMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERL,M Mag. Dist. No.: 09-3-05 MDJ Name Hon. MARK MARTIN Address: 507 N YORK ST MECSANICSBURG, PA Telephone: (717 ) 766-4575 17055 PENN FUEL PROPANE LLC 40 ROADWAY DRIVE C/O GEORGE C RHODES,JR DM CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JODGMENT PLTF (Date of Judgment) 7/11/08 PENN FUEL PROPANE LLC Judgment was entered for: (Name) ® Judgment was entered against: (Name) WITTER, BILL in the amount of $ 8,168.0 ? Defendants are jointly and severally liable. Darpag v ill be assessed on Date & Time s! 61 IT?T Thl?s case dl Qdi.,?it plpr ' Amount of Jr** ?30ecti- Attachment/42 P&. S. § 8127 Portion ,of Judgment1for physiclallamages arising pput of rei&rkfial lease -' . Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 8,000.00 ME 00 $--.00 $ :UG $ 8,168.001 ANY PARTY HAS THE RIG O APPEAL?IW;rHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PRfOTARY/CLPRI? OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF IS NOTICE 01W&IDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE P VIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT O COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF?ATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. X. X&te? NOTICE OFCJIVDGCMASE /TRANSCRIPT c . r'• PLAINTIFF: NAME and ADDRESS -1 F-P?i FUEL PROPANE LLC 40 ROADWAY DRIVE C/O GEORGE C RHODES,JR DM LCARLISLE, PA 17013 J VS. DEFENDANT: NAME and ADDRESS FFFREEDOM PROPANE, INC, ET AL- 96 CLOUSER ROAD MECWMICSBURG, 17055 L _I Docket No.: CV-0000181-08 Date Filed: 6/17/08 ,g Date rial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. ? I3 400 Date ,M - agisterial District Judge AAi2' SEAL My commission expires first Monday of January, R? W Q! 0 n C r.a COO) m co -1 C,I'1 O nz 771 ^"C W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW PENN FUEL PROPANE, LLC, Plaintiff, V. FREEDOM PROPANE, INC. and BILL WITTER, Defendants. % Clouser Rd Meth , PA MOSS give ???e p and P ?? MID PENN BANK and SMITH BARNEY, 11 N &A of _J, M Garnishees. Mog, PA ri o f TO THE CLERK OF THE SAID COURT: No. 08-5338 Debt $8,168.00 Interest from _ $ Atty's Comm. $ Costs $ The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described personal property of the Defendants: Any and all Rersonal=erty of the Defendants Freedom Propane Inc. and Bill Witter, located at 96 Clouser Road. Mechanicsburg. PA 17055. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest 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): any and St. Ste. 2. Harrisburg, PA 17101-17331 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 pendens against real estate of the defendant(s) described in the attached exhibit. GR4HN , LLP BYDate: 41Ilzue GROSS, ESQUIRE, I.D. #82079 Attorney for Plaintiff f s t Aa 9 ca 5!:13 00 Ln ro IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW PENN FUEL PROPANE, LLC, Plaintiff, No. 08-5338 V. FREEDOM PROPANE, INC. and BILL WITTER, Defendants. and MID PENN BANK and SMITH BARNEY, Garnishees. Debt $8,168.00 Interest from _ $ Atty's Comm. $ Costs $ WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a Judgment against you. It may cause your property to be held or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 S. BEDFORD ST. CARLISLE, PA 17013 800-990-9108 2 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 STATUTORY EXEMPTION. 2. BIBLES, SCHOOL BOOKS, SEWING MACHINES, UNIFORMS AND EQUIPMENT. 3. MOST WAGES AND UNEMPLOYMENT COMPENSATION. 4. SOCIAL SECURITY BENEFITS. 5. CERTAIN RETIREMENT FUNDS AND ACCOUNTS. 6. CERTAIN VETERAN AND ARMED FORCES BENEFITS. 7. CERTAIN INSURANCE PROCEEDS. 8. SUCH OTHER EXEMPTIONS AS MAY BE PROVIDED BY LAW. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW PENN FUEL PROPANE, LLC, Plaintiff, V. FREEDOM PROPANE, INC. and BILL WITTER, Defendants. and MID PENN BANK and SMITH BARNEY, Garnishees. No. 08-5338 Debt $8,168.00 Interest from _ $ Atty's Comm. $ Costs $ CLAIM FOR EXEMPTION TO THE SHERIFF: I, , the above-named Defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon. (a) I desire that my $300 statutory exemption be: (i) set aside in kind (specify property to be set aside in kind); (ii) paid in cash following the sale of the property levied upon; exemptions: (b) I claim the following exemption (specify property): or (2) From my property which is in the possession of a third party, I claim the following (a) My $300 statutory exemption: in cash; in kind (specify property): (b) Social Security benefits on deposit in the amount of $ ; (c) Other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at: (Address) (Telephone No.) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities: Date: (Defendant) 4 THIS CLAIM TO BE FILED WITH THE, OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY, CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013-3387. PHONE: (717) 240-6390. WAIVER OF WATCHMAN/WAIVER OF INSURANCE - Any Deputy Sheriff levying upon or attaching any property under which writ may leave same without a watchman, in custody of whoever is found in possession, after notifying such person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof, and the Sheriff is hereby released from all liability to protect the property described in the above execution by insurance, which insurance is hereby waived. Date: Zad8 GROSS McGINLEY, LLP BY: HN F. GROSS, ESQUIRE .1e Xj Attorney for Plaintiff 33 South 7th Street, P.O. Box 4060 Allentown, PA 18105-4060 (610) 820-5450 I.D. #82079 W :\W DOx\CLIENTS\PPL-PMC*IMLTREEMMPROP\00232826.DOC 6 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5338 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENN FUEL PROPANE, LLC, Plaintiff (s) From FREEDOM PROPANE, INC and BILL WITTER, 96 Clouser Rd, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property of the Defendants. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MID PENN BANK, 4622 Carlisle Pike, Mechanicsburg, PA 17050 Any and all bank accounts held in the name of Freedom Propane, Inc and/or Bill Witter with MID PENN BANK and all other property of the defendants in the possession custody or control of the said garnishee. 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 $8,168.00 Interest Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 9/19/08 (Seal) REQUESTING PARTY: Name JOHN F. GROSS, ESQUIRE Address: GROSS MCGINLEY, LLP 33 SOUTH 7TH STREET PO BOX 4060 ALLENTOWN, PA 181054060 Attorney for: PLAINTIFF L.L. $.50 Due Prothy $2.00 Other Costs - / 01 U L.-I P. R. Long, Prothonotary / By: lh Deputy "a Telephone: 610-820-5450 Supreme Court ID No. 82079 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5338 Civil CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due PENN FUEL PROPANE, LLC, Plaintiff (s) From FREEDOM PROPANE, INC and BILL WITTER, 96 Clouser Rd, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property of the Defendants.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: SMITH BARNEY,11 N. 3'd Street, Suite 2, Harrisburg, PA 17101-1733 Any and all bank accounts held in the name of Freedom Propane, Inc and/or Bill Witter with SMITH BARNEY and all other property of the defendants in the possession custody or control of the said garnishee. 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 $8,168.00 Interest Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 9/19/08 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name JOHN F. GROSS, ESQUIRE Address: GROSS MCGINLEY, LLP 33 SOUTH 7TH STREET PO BOX 4060 ALLENTOWN, PA 181054060 Attorney for: PLAINTIFF Telephone: 610-820-5450 Supreme Court ID No. 82079 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW PENN FUEL PROPANE, LLC, Plaintiff, No. 08-5338 V. FREEDOM PROPANE, INC. and BILL WITTER, Defendants. Debt Interest from _ Atty's Comm. Costs and MID PENN BANK and SMITH BARNEY, Garnishees. rs© $8,168.00 INTERROGATORIES OF THE ABOVE-NAMED GARNISHEE, MID PENN BANK TO: MID PENN BANK 4622 CARLISLE PIKE MECHANICSBURG, PA 17050 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he/she claim that you owed him/her any money or were liable to him/her for any reasons? Yes. Checking account number 9506601 with a balance of $11,339.32 as of 10/10/08. 2. At the time you were served or at any subsequent times were there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant(s)? See answer 1. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? no ? J 1 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? Deposits made to the account 6. At any time after you were served did you pay, transfer or delivery any money or property to the defendant(s) or to any person or place pursuant to his/her direction or otherwise discharge any claim of the defendant(s) against you? Yes. Items paid from account out of the available balance. 7. If the answer to any of the foregoing interrogatories was in the affirmative, please state the amount of the sum(s) held by you. See answer 1. GROSS MCGINLEY, LLP DATE: 911 21W(l BY: ?6z? HN F. GROSS, ESQUIRE Attorney for Plaintiff 33 South 7 h Street P.O. Box 4060 Allentown, PA 18105-4060 Phone: (610) 820-5450 Fax: (610) 820-6006 I.D. # 82079 W :\WDOX\CLIENTS\PPL-PENNFUEL\FREEDOMPROP\00232832.DOC 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN AFFIDAVIT I, Jessica Kerwin Deposit Processing Supervisor of Mid Penn Bank, a Pennsylvania banking corporation, being duly sworn according to law, do depose and say that the answers set forth in the foregoing Interrogatories are true and correct based upon the best of my knowledge, information and belief. MID PENN BANK B 9? `F Qe? Date: t C) • t4-- C W Jes ca Kerwin Sworn and subscribed to before me, a Notary Public, this 14"? day ofO?- 20G23 C-ot-ary Pu lic my commission expires: 1 f!1i (seal) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dbde L. Ross, Notary Public Millersburg Soro, Dauphin County My Commission Expires May 3, 2011 Member, Pennsylvania Association of Notaries co Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW PENN FUEL PROPANE, LLC, Plaintiff, V. FREEDOM PROPANE, INC. and BILL WITTER, Defendants. and MID PENN BANK and SMITH BARNEY, Garnishees. No. 08-5338 Debt Interest from Atty's Comm. Costs $8,168.00 PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against the Garnishee, Mid Penn Bank, for want of Answers to Interrogatories as attached) (X) Assess damages as follows: Debt $8,168.00 Interest from ! $ Attorney's Commission $ Costs $ TOTAL $ ( t/ I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (V? Pursuant to Pa. R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of record. ( ) Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of filing of this praecipe and a copy of the notice is aDater Signature: Print Name:.JOb(N F. GROSS, ESQUIRE Attorney for: Plaintiff Address: P.O. Box 4060, Allentown, PA 18105-4060 Telephone: (610) 820-5450 Supreme Court ID No: 51857 NOW, 04 '47 A , 2008, JUDGME IS E TERE S ABOVE. pro otaryision by: Deputy 2 r 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW PENN FUEL PROPANE, LLC, Plaintiff, No. 08-5338 V. FREEDOM PROPANE, INC. and BILL WITTER, Defendants. and Debt $8,168.00 Interest from _ $ Atty's Comm. $ Costs $ MID PENN BANK and SMITH BARNEY, I Garnishees. ArA" s lo INTERROGATORIES OF THE ABOVE-NAMED GARNISHEE. MID PENN BANK TO: MID PENN BANK 4622 CARLISLE PIKE MECHANICSBURG, PA 17050 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he/she claim that you owed him/her any money or were liable to him/her for any reasons? Yes. Checking account number 9506601 with a balance of $11,339.32 as of 10/10/08. 2. At the time you were served or at any subsequent times were there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant(s)? See answer 1. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? no y3 J 1 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? Deposits made to the account 6. At any time after you were served did you pay, transfer or delivery any money or property to the defendant(s) or to any person or place pursuant to his/her direction or otherwise discharge any claim of the defendant(s) against you? Yes. Items paid from account out of the available balance. 7. If the answer to any of the foregoing interrogatories was in the affirmative, please state the amount of the sum(s) held by you. See answer 1. GROSS MCGINLEY, LLP -?Zl /- : DATE: BY: F. GROSS, ESQUIRE Attorney for Plaintiff 33 South 7" Street P.O. Box 4060 Allentown, PA 18105-4060 Phone: (610) 820-5450 Fax: (610) 820-6006 I.D. # 82079 W:\WDOX\CLIENTSIPPL-PENNFUEL\FREEDOMPROP\00232832.DOC 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN AFFIDAVIT I, Jessica Kerwin Deposit Processing Supervisor of Mid Penn Bank, a Pennsylvania banking corporation, being duly sworn according to law, do depose and say that the answers set forth in the foregoing Interrogatories are true and correct based upon the best of my knowledge, information and belief. NUD PENN BANK Date: U L Jes ca Kerwin Sworn and subscribed to before me, a Notary Public, this 14`f`r`' day ofL;,Ll)?Ek 20 94 (--Notary PuT?tic my commission expires: 6'-14?1-/11 (seal) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dille L. Ross, Notary PUAc 1011mburg Baro, Daup* Cw* My Commission E)or% May 5, 2011 Member, Pennsylvanls Association of Notar{ea 5 ADDRESS CERTIFICATION I hereby certify that the precise address of the Plaintiff is c% Jessica A. Nichols, PPL Services Corporation, Two North Ninth Street (GENTW3), Allentown, PA 18101. The precise address of the Defendant, Freedom Propane, Inc., is c/o Timothy Hake, President, 76 Beard Road, Mechanicsburg, PA 17050. The precise of the Defendant, Bill Witter, is 96 Clouser Road, Mechanicsburg, PA 17055. The precise address of the Garnishee, Mid Penn Bank, is 4622 Carlisle Pike, Mechanicsburg, PA 17050. The precise address of the Garnishee, Smith Barney, is 11 N 3'd Street, Suite 2, Harrisburg, PA 17101-1733. GROSS MCGINLEY, LP BY: yz-6? - F. GROSS, ESQUIRE Attomey for Plaintiff 33 South 7th Street, P.O. Box 4060 Allentown, PA 18105-4060 (610) 820-5450 I.D. #51857 W:\WDOXICLISNTS\PPL-PENNFUELIFREEDOMPROPW0238946.DOC b C .J 90 o?! „p Q p d ? 'T1 a d 1 r t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW PENN FUEL PROPANE, LLC, Plaintiff, V. FREEDOM PROPANE, INC. and BILL WITTER, Defendants. and MID PENN BANK and SMITH BARNEY, Garnishees. No. 08-5338 Debt $8,168.00 Interest from _ $ Atty's Comm. $ Costs $ NOTICE OF FILING JUDGMENT (X) Notice is hereby given that a default Judgment in the above-captioned matter has been entered against you, MID PENN BANK, Garnishee, in the amount of $80? on (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. CURT Prothonotary /Clerk, Civil Division BY: If you have any questions regarding this NOTICE, please contact the filing party: Name: JOHN F. GROSS, ESQUIRE GROSS McGINLEY, LLP 33 South Seventh Street P.O. Box 4060 Allentown, PA 18105-4060 (610) 820-5450 (610) 820-6006 fax I.D. # 51857 (This Notice is given in accordance with Pa. R.C.P. 236) 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW PENN FUEL PROPANE, LLC, Plaintiff, No. 08-5338 V. FREEDOM PROPANE, INC. and BILL WITTER, Defendants. and MID PENN BANK and SMITH BARNEY, Garnishees. Debt $8,168.00 Interest from _ $ Atty's Comm. $ Costs $ PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION. DISCONTINUANCE AND/OR TERMINATION TO: CLERK OF COURTS - CIVIL DIVISION You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof The within suit is Settled, Discontinued, Ended with costs paid. The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. Ix Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. Other: Date: 260% r WITNESS if signer is other _ than a registered attorney): OHN F. GROSS, ESQUIRE Attorney or Notary COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID INCLUDING SHERIFF'S COSTS, AND HEREBY VERIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. 44904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. HN F. GROSS, ESQUIRE W:\WDOX\CLIENTS\PPL-PENNFUEL\FREEDOMPROP\O(1242334.DOC R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Advance Costs: 277.86 Sheriff's Costs: 277.86 Docketing 18.00 000.00 Poundage 163.36 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 11/ 18/08 Mileage 5.00 Surcharge 40.00 Levy 40.00 Certified Mail Post Pone Sale Garnishee 9.00 Postage ? TOTAL $ 277.86 So Answers; R. Thomas Kline, Sheriff 0\1.d av-ei., By Claudia A. Brewbaker Q:? CK) U, W W Cq WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5338 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENN FUEL PROPANE, LLC, Plaintiff (s) From FREEDOM PROPANE, INC and BILL WITTER, 96 Clouser Rd, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property of the Defendants.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MID PENN BANK, 4622 Carlisle Pike, Mechanicsburg, PA 17050 Any and all bank accounts held in the name of Freedom Propane, Inc and/or Bill Witter with MID PENN BANK and all other property of the defendants in the possession custody or control of the said garnishee. 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 $8,168.00 Interest L.L. $.50 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 9/19/08 (Seal) Due Prothy $2.00 Other Costs Curtis R. Long, Prothonotary By: Deputy REQUESTING PARTY: Name JOHN F. GROSS, ESQUIRE Address: GROSS MCGINLEY, LLP 33 SOUTH 7TH STREET PO BOX 4060 ALLENTOWN, PA 18105-4060 Attorney for: PLAINTIFF ' SHERIFF'S RETURN - GARNISHEE r r CASE, NO: 2008-05338 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PENN FUEL PROPANE LLC VS FREEDOM PROPANE INC ET AL And now TIMOTHY BLACK ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:35 Hours, on the 25th day of September, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT FREEDOM PROPANE INC hands, possession, or control of the within named Garnishee MID PENN BANK 4622 CARLISLE PIKE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to DEBRA K. PATRICK (ASST BRANCH MANAGER personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this in the true and made .00 So answ s: .00 w/ .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 . 00 ? /??AS'?08 ? 10/24/2008 day of By Deputy Sheriff A.D SHERIFF'S RETURN - GARNISHEE CASE N6:'2008-05338 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PENN FUEL PROPANE LLC VS FREEDOM PROPANE INC ET AL And now TIMOTHY BLACK ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:35 Hours, on the 25th day of September, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT WITTER BILL in the hands, possession, or control of the within named Garnishee MID PENN BANK 4622 CARLISLE PIKE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to DEBRA K. PATRICK (ASST BRANCH MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this true and made So answer .00 .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County 00 .00 ? Jz/os?o? 10/24/2008 day of By Deputy Sheriff A.D