HomeMy WebLinkAbout08-6261COMMONWEALTH OF PENNSYLVANIA
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Mag. Dist. No.:
09-1-01
68 - (0alts 1 aWl `hero-
NOTICE OF IVDGCMNT/TRANSCRIPT
PLAINTIFF: NAME and ADDRESS
rBOY acaFF COMPANY (THE) ?
PO BOX 11848
C/O BBT D SODAS ESQ.
LHARBISBURG, PA 17108-1648 J
VS.
DEFENDANT: NAME and ADDRESS
rkXCHABL PETERS/AGAPAO FLOWERS
30 EM LYN LANE
MIECHANICSBURG, PA 17055
L -?
Docket No.: CV-0000252-08
Date Filed: 6/13/08
MDJ Name: Hon.
CHARLES A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDS TOME COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
ROY HOUFF COMPANY (THE)
PO BOX 11848
C/O RBT D SODAS ESQ.
HARRISBURG, PA 17108-1848
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMLENT PLTF
Fx1 Judgment was entered for: (Name)
(Date of Judgment)
BOY HOUFF COMPANY (THE)
8/28/08
® Judgment was entered against: (Name) MICHAEL PETERS/AGAPAO FLOWERS
in the amount of $ 2,179.7
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
F] Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ 1,674.05
$ 170.96
Judgment Costs
Interest on Judgment $ .00
Attorney Fees $ 334.51
Total $ 2,179.76
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 SATISF? H THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLes, OR OTHERWISE COMPLIEI ; JUDGMENT.
AUG 2 8 200?ate U" U. 1
1 certify that this is a true a correct copy of the
10/9/08 Date C4
My commission expires first Monday of January, 2014
AOPC 315-07
DATE PRINTED: 10/09/08
_ , Magisterial District Judge
containing the judgment.
, Magisterial District Judge
12:44:00 PM
SEAL
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BY
IA
KODAK & I IMM, P.C.
P [ OFFICE BOX 11 8
PA 17100-180
AO ,...
ROY HOUFF COMPANY (THE)
Plaintiff
v
MICHAEL PETERS personal guarantor for
Agapao Flowers & Gifts, Inc. d/b/a Flowers
on Locust
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
TO: MICHAEL PETERS personal guarantor for Agapao Defendant(s)
Flowers & Gifts, Inc. d/b/a Flowers on Locust
You are hereby notified that on elt St , 2008 the following
(Judgment) has been entered against you in the above-captioned case.
judgment entered in the amount of $2,179.76
DATE:
Kothonotar
I hereby certify that the name and address of the proper person(s) to receive this notice is:
MICHAEL PETERS personal guarantor for Agapao
Flowers & Gifts, Inc. d/b/a Flowers on Locust
145 S. Locust Street, Camp Hill, PA 17011
A: MICHAEL PETERS personal guarantor for Agapao Defendido/ a, Defendidos/ as
Flowers & Gifts, Inc. d/b/a Flowers on Locust
Por este medio se le esta notificando que el de del 2008 el/ la
siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/ a segun indicada en el cetificado de
residencia:
MICHAEL PETERS personal guarantor for Agapao
Flowers & Gifts, Inc. d/b/a Flowers on Locust
145 S. Locust Street, Camp Hill, PA 17011
Abogado del Demandante
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
ROY HOUFF COMPANY (THE) IN THE COURT OF COMMON PLEAS OF
6200 S OAK PARK AVE, CHICAGO, IL Cumberland COUNTY, PENNSYLVANIA
Plaintiff Writ No. Term 20
vs No. 08-6261 Term 20 08
Michael Peters personal guarantor for Agapao
Flowers & Gifts, Inc d/b/a Flowers on Locust
30 EMLYN LANE
MECHANICSBURG PA 17055
DEFENDANT(S)
Mid Penn Bank ................. Garnishee
Amount Due
10/21/08 jdmt $ 2,179.76
Interest from 10/ 21/ 08-10/ 29/ 08
0.36 per diem $ 2.87
Atty's Commission
$ 108.99
Costs (to be determined) $
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania
(2) against Michael Peters personal guarantor for Agapao Flowers & Gifts Inc
d/ b/ a Flowers on Locust 30 Ernl Lane
McC6 PA ('1055 a en ant s
(3) and against Mid Penn Bank
arms ee s ;
(4) and index this writ
(a) against Michael Peters personal guarantor for Agapao Flowers & Gifts Inc
d/ b/ a Flowers on Locust
Defendant(s) and
(b) against Mid Penn Bank a101 1Uarkot S{
Cam 94 • PA ,
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy):
LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY INCLUDING BUT NOT LIMITED TO, FURNITURE, OFFICE EQUIPMENT, JEWELRY, SUPPLIES,
ELECTRONICS, LAWN AND GARDEN EQUIPMENT, ETC. AND GARNISH MID PENN BANK, 2101 MARKET STREET,
CAMP HILL, PA FOR ANY AND ALL ACCT(S). UNDER DEFENDANT(S) NAME(S) A /OR SSN XXX-XX-7446.
(5) Exemption has (not) been waived.
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Dated 10/29/08 Attorney For Plaintiff(s)
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of sonssl;um ay uagM '(e)to I£ alnd fq pozuoglnL se pansap s! `aauujnss! jo icaunoo aq1 ui suo!lnoaxa aq;3o gulxapu! ji ,iluo paialdtuoo oq plnogs (e)(p) gduiSuJLd
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ponss! galgm w 64unoo aq;3o jjuags agl of,Cluo palaanp aq Xuw;uaw8pnf pouajsue.4 s uo ponssi lum a (a)£OI £ alnb napul)
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6261 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE ROY HOUFF COMPANY, Plaintiff (s)
From MICHAEL PETERS personal guarantor for AGAPAO FLOWERS & GIFTS, INC d/b/a
FLOWERS ON LOCUST, 30 Emlyn Lane, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal peroperty of
the defendant(s) including but not limited to, furniture, office equipment, jewelry, supplies,
electronics, lawn and garden equipment, etc..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
MID PENN BANK, 2101 Market Street, Camp Hill, PA 17011
Any and all acct(s) under defendant(s) name(s) and/or SSN XXX-XX-7446
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 $2,179.76
L.L. $.50
Interest from 10/21/08 -10/29/08 $0.36 per diem -- $2.87
Atty's Comm $108.99 % Due Prothy $2.00
Atty Paid $54.25
Plaintiff Paid
Date: 10/30/08
(Seal)
Other Costs to be determined
24454??L
C is R. Long, r onota
By:
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone : 717-238-7159
Supreme Court ID No. 18041
ROY HOUFF COMPANY (THE)
Plaintiff
v
MICHAEL PETERS personal guarantor
for Agapao Flowers & Gift, Inc. d/b/a
Flowers on Locust
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY,
PENNSYLVANIA
NO: 08-6261
Defendant(s)
vs
MID PENN BANK
GARNISHEE
INTERROGATORIES IN ATTACHMENT TO GARNISHEE
TO: GARNISHMENT ADMIN / LEGAL DEPT.
MID PENN BANK, GARNISHEE
2101 MARKET STREET
CAMP HILL, PA 17011
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(s) above-listed, or any account(s) (ACCT# 9505918 or 1253144) under
Defendant's name(s) and/or SOCIAL SECURITY NUMBER XXX-XX-7446, any money or
were you liable to the defendant (s) on any negotiable or other written instrument, or did
the defendant claim that you owed the defendant any money or were liable to the
defendant for any reason? (If yes, please describe.)
ANSWER:
No - deposit accounts closed
34348
2. At the time you were served, or at any subsequent time was there in your
possession, custody or control, or in the joint possession, custody or control of yourself and
one (1) or more other persons and/or entities, any property of any nature owned solely or
in part by the defendant(s)?( If yes, please describe.)
ANSWER:
No
3. At the time you were served or at any subsequent time did you hold legal title
to any property of any nature owned solely or in part by the defendant or in which
defendant(s) held or claimed any interest? (If yes, please describe.)
ANSWER:
No
34348
4. At the time you were served, or at any subsequent time did you hold as fiduciary,
any property in which the Defendant(s) had an interest?
ANSWER:
No
5. At any time before or after you were served did the defendant(s) transfer or
deliver any property to you or to any person or place pursuant to your direction or consent
and if so, what was the consideration therefor?
ANSWER:
No
34348
6. At any time after you were served, did you pay, transfer or deliver any money
or property to the defendant(s) or to any person or place pursuant to the defendant's
direction or otherwise discharge any claim of the defendant(s) against you? (If yes, please
describe.)
ANSWER:
No
7. If you are a bank or other financial institution, at the time you were served or at
any subsequent time did the defendant have funds on deposit in an account in which funds
are deposited electronically on a recurring basis and which are identified as being funds
that upon deposit are exempt from execution, levy or attachment under Pennsylvania or
federal law? If so, identify each account and state the reason for the exemption, the amount
being withheld under each exemption and the entity electronically depositing those funds
on a recurring basis.
ANSWER:
No
34348
8. If you are a bank or other financial institution, at the time you were served or at any
subsequent time did the defendant have funds on deposit in an account in which the funds
on deposit, not including any otherwise exempt funds, did not exceed the amount of the
general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account.
ANSWER:
No
KODAK BLUM, P.C.
Robert D. Kodak, Esquire
Attorney for Plaintiff
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Supreme Court ID No. 18041
34348
VERIFICATION
I,L„?eS51Ccc?t??? (Name), (Title) of
MID PENN BANK, the Garnishee herein, verify that the statements made in these
Interrogatories in Attachment are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn
falsification to authorities.
BY:
ADDRESS: ?.Q ??? r? ?1
Kv ief5lx? ??v?l
Dated: ( c. I 1 `CX
34348
l:.>
?i
ROY HOUFF COMPANY (THE)
Plaintiff
v
MICHAEL PETERS personal
guarantor for Agapao Flowers & Gift,
Inc. d/b/a Flowers on Locust
Defendant(s)
v
MID PENN BANK
IN THE COURT OF COMMON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
NO. 08-6261
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please dissolve the Garnishment issued against MID PENN BANK, Garnishee in
the above-captioned matter.
TO: Cumberland County
Prothonotary
Dated: November 20, 2008
Garnishee
Robert D. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2008-06261 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
HOUFF ROY COMPANY THE
VS
PETERS MICHAEL ET AL
And now NOAH CLINE Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0013:05 Hours, on the 5th day of November-, 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
PETERS MICHAEL PERS GAUR FOR AGAPAO FLOWERS & GIFTS INC , in the
hands, possession, or control of the within named Garnishee
MID PENN BANK 2101 MARKET ST
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
TABITHA KIMMICH (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 answers:
.00
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
00 ?
11/12/2008
day of By --;? '
Deputy Sheriff
A.D
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs: Advance Costs: 150.00
Sheriff's Costs: 133.50
Docketing 18.06 16.50
Poundage 20.00
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 01/12/09
Mileage 24.00
Surcharge 40.00
Levy 20.00
Certified Mail
Post Pone Sale 9.00
Garnishee
Postage
TOTAL i
S
$ 133.50 o Mswer
R. Thomas Kline, Sheriff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6261 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE ROY HOUFF COMPANY, Plaintiff (s)
From MICHAEL PETERS personal guarantor for AGAPAO FLOWERS & GIFTS, INC d/b/a
FLOWERS ON LOCUST, 30 Emlyn Lane, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal peroperty of
the defendant(s) including but not limited to, furniture, office equipment, jewelry, supplies,
electronics, lawn and garden equipment, etc..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
MID PENN BANK, 2101 Market Street, Camp Hill, PA 17011
Any and all acct(s) under defendant(s) name(s) and/or SSN XXX-XX-7446
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 $2,179.76
L.L. $.50
Interest from 10/21/08 -10/29/08 $0.36 per diem -- $2.87
Atty's Comm $108.99 % Due Prothy $2.00
Atty Paid $54.25
Plaintiff Paid
Date: 10/30/08
(Seal)
Other Costs to be determined
C s R. Lon oth 4otay-r
By:
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM
PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
Deputy
ROY HOUFF COMPANY (THE) IN THE COURT OF COMMON PLEAS
Plaintiff Cumberland COUNTY, PENNSYLVANIA
v NO. 08-6261 Civil Term
MICHAEL PETERS personal
guarantor for Agapao Flowers & CIVIL ACTION - LAW
Gifts, Inc. d/b/a Flowers on Locust
Defendant(s)
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned Judgment as settled and satisfied in full.
TO: Cumberland County
Prothonotary
Dated: January 15, 2009
Robert D. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
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