HomeMy WebLinkAbout04-2981IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS COMPANY,
Plaintiff,
ARBITRATION DIVISION
NO.: 641- a 9*01
vs.
FRANK A. RUBY and MATTHEW A.
FUTRELL, dth/a FUTURE PAINTING,
Defendants.
TYPE OF PLEADING:
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS COMPANY,
Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Eric D. Rosenberg, Esquire
PA I.D. No. 87310
McGRATH & LAWRENCE, F.C.
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, PA 15222
TELEPHONE: (412) 281-4333
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS COMPANY,
Plaintiff,
VS.
FRANK A. RUBY and MATTHEW A.
FUTRELL, d/bta FUTURE PAINTING,
Defendants.
NOTICE TO DEFEND
ARBITRATION DIVISION
NO.:
AVISO
You have been sued in court. If you wish to
defend against the claims set forth in the following
pages, you must take action within twenty (20) days
after this complaint and notice are served, by
entering a written appearance personally or by an
attorney and filing in writing with the court your
defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be
entered against you by the court without further
notice for any money clamed in the complaint or for
any other claim or relief requested by the plaintiff.
You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU SHOULD
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.
Philadelphia Bar Association
Lawyer Referral and Information Service
One Reading Center
Philadelphia, Pennsylvania 19107
(215) 238-1701
Le ban demandado a usted on la corte. Si usted
quiere defenderse de estas demandas expuestas on las
paginas siguientes, usted tiene veinte (20) dias de plazo
at partir de la fecha de la demanda y Is notificacion.
Hace falta asentar una comparencia escrita o on persona
o con un abogado y entregar a la corte on forma escrita
sus defensas o sus objeciones a las demandas en contra
de su persona. Sea avisado quo si usted no se defiende,
Is corte tomara medidas y puede continuar la demanda
on contra suya sin previo aviso o notificacion. Ademas,
la corte puede decidir a favor del demandante y requiere
que usted cumpla con tadas las provisions de esta
demands. Usted puede perer dinero o sus propiedades
u otros derechos importantes para usted.
Lleva esta demanda a un abogado inmediatamente.
Si no tiene abogado o si no tiene el dinero suficiente de
pagar tat servicio. Vaya en persona o llame por
telefono a la oficina cuya direccion se encuentra escrita
abajo para averiguar donde se puede conseguir
asistencia legal.
Asociacion de Licenciadas
de Filadelfia
Servicio de Referencia e
Informacon Legal
One Reading Center
Filadelfia, Pennsylvania 19107
(215) 238-1701
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS COMPANY,
Plaintiff,
ARBITRATION DIVISION
NO.: O q, vs.
FRANK A. RUBY and MATTHEW A.
FUTRELL, dlbla FUTURE PAINTING,
Defendants.
COMPLAINT IN CIVIL ACTION
And now comes the Plaintiff, The Sherwin-Williams Company, by and through its
attorneys, McGrath & Lawrence, P.C., and files this Complaint in Civil Action and in support
thereof states as follows:
1. The Sherwin-Williams Company is a corporation organized and existing under the
laws of the State of Ohio with an office located at 313 Technology Drive, Malvern, Pennsylvania
19355 (hereinafter referred to as "Plaintiff').
2. Defendant, Frank A. Ruby is an individual doing business as Future Painting, with
a last known address of 113 Nittany Drive, Mechanicsburg, Pennsylvania 17055 (hereinafter
referred to as 'Defendant").
3. Defendant, Matthew A. Futrell is an individual doing business as Future Painting,
with a last known address of 208 West Front Street, Lewisberry, PA 17339 (hereinafter referred to
as "Defendant").
4. On or about May 19, 2003, Defendants executed a Commercial Credit Application
requesting Plaintiff extend credit to Future Painting for the purchase of paint, related materials and
equipment. A true and correct copy of the Commercial Credit Application is attached hereto and
marked as Exhibit "A".
5. The Terms of the above-referenced Credit Application provide; "If credit is
granted, I/we understand that the terms of the sale are net 20th of the month following the sale."
6. Plaintiff extended credit to Future Painting, at Defendants' request, on the above
terms, for the purchase of paint and related items in the total unpaid amount of $5,458.57.
7. The latest date that payment was due without default for any of the above
referenced amount was December 20, 2003.
8. Plaintiff has made demand on Defendants for payment of the above amount on
numerous occasions.
9. Defendants have defaulted on their payment obligation by refusing, and continuing
to refuse, to tender payment of the above amount.
10. Pursuant to the terms of the Credit Application, Plaintiff is entitled to collect
interest on the past due balance at the rate of 1.5% per month totaling $491.27 as of June 20, 2004
and continuing at the rate of $2.73 per day until judgment is entered.
10. Pursuant to the Defendant's default and the terms of the Credit Application,
Plaintiff is also entitled to collect reasonable attorneys' fees which are estimated to be $1,189.97
representing 20% of the unpaid balance.
WHEREFORE, the Plaintiff, The Sherwin-Williams Company, demands judgment against
Defendants, Frank A. Ruby and Matthew A. Futrell, d/bta Future Painting in the amount of
$5,458.57, plus interest of $491.27 as of June 20, 2004 and continuing at the rate of $2.73 per diem
until the date of the judgment, plus reasonable attorneys' fees estimated to be $1,189.97, plus
post-judgment interest and costs.
McGRATH & LAWRENCE, P.C.
By: C 0
Eric D. Rosenberg, ire
PA I.D. No. 87310
Attorneys for Plaintiff
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-4333
ZUU4 12:31PM McGrath & Lawrence, P.C. No.8381 P. 7
VERDIED STA.TSM&T..
L Jeremey Schmayer, of The Sherwin-Williams company, am duly suthorizad to make
this Verified Statement on its behalf, and I hereby verify that the statements set forth in the
foregoing Complaint in Civil Action are hue and correct to the best of my Imowledge, information
and belief
I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §
4904, relating to unswom falsification to authorities,
Date; 6"/` - 01041/
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-02981 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHERWIN-WILLIAMS COMPANY THE
VS
RUBY FRANK A ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
FUTRELL MATTHEW A D/B/A FUTURE PAINTING
but was unable to locate Him
deputized the sheriff of YORK
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On July 19th , 2004 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep York County 48.50
.00
73.50
07/19/2004
MCGRATH & LAWRENCE
So answer r--'
R. ` Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ;tI ah day of
Nov`( A.D.
? ? ?? Prothono? to '
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02981 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHERWIN-WILLIAMS COMPANY THE
VS
RUBY FRANK A ET AL
VALERIE WEARY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsyl.vania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
RUBY FRANK A the
DEFENDANT at 1803:00 HOURS, on the 14th day of July , 2004
at 113 NITTANY DRIVE
MECHANICSBURG, PA 17055
FRANK RUBY
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.88
Affidavit .00
Surcharge 10.00
.00
36.88
Sworn and Subscribed to before
me this o21.a4- day of
J UV y A. D.
i
Po ?f t' (? ?'l4 rOD... / '
P
honotary
So Answers:
R. Thomas Kline
07/19/2004
MCGRATH & LAWRENCE
By:
Deputy Sheriff
COUNTY OF YORK
OFFICE OF THE SHERIFF S;R;I;, CALL
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE i THRU i
DO NOT DETACH ANY COPIES
1. PLAINT /S/ ,„_???? 2. COURTNUMBER
N, RTNUM 1 civil
O'?'M'PLAINT
,(?/`/,^J•{'1?`.^' '?(/(?y^j'/^•/•}1,/ 4. -TYPE OF WRIT OR Cf`'t
3. D ANT/S/? TO SERVE OR ? DESGRIP, ION O OPERTY TO a LAouoACHED, O LD
SERVE I?jSWINFVAy{nfE/ I DIV AL, COMPAN ,, Q9SPQRAT?'?I? ?,
6. ADDRESS( TREE O WRIT RIOXAN'U??IPB[e1?, APi NQ,. CITY, BORO` ., STATE AND ZJRQDE'?339 (ej
oV"c. ?Q
7. INDICATE SERVICE: XPERSONAL JPERSON IN CHARGE fX?Z{/ DEPUTIZr'E,}o\V'W/j•(?GEr?l? 1D/1ST CLASS MAIL a POSTED OOTHEI
NOW June 28 20 Q_ I, SHERIFF OF YOFFK OOUNTY, PA, do hereby deputize the sheriff
vr)rk COUNTY to execute this Writ and make return thereof according
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF YORK COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 6tt?jtj: n
Please mail return of service to berl unty Sheriff. Thank you.
NOTE: ONLY APPLICABLE ON WRIT OF E CUTION: N t'?
IVER OF WATC - Any deputy sheriff levying upon or attaching any property under within writ may leave sar
without a watchman, in custody of whomever i found in po on, after notifying n of levy or attachment, without liability on the part of such deputy or the sheriff to any plain
s sale thereof
herein for any loss, destruction, or removal of any property b sheriff
. TYPE N and ADDRESS of TTORNEY / ORIGINATO nd SI T E 10. TELEPHONE NUMBER 11. DAT IBC
NO ICE OF SERVICE ?0 Y TO ME AND ADDRESS BELO (This aQrea?rrt??us,t be com ted if notice i e mailed). /
oon Mee t i IvihQr10? _ J%h i.I A 1 QZ1 GPI pq. P?
SPACE BELO FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearirg
or complaint as indicated above. I 6-30 -0?-I -7_?-?(
16. HOW SERVED: PERSONAL RESIDENCE( POSTED( ) POE ( ) SHERIFF'S OFFICE ( OTHER ( ) SEE REMARKS 61
17. I] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.)
18. NAME AND TITLE OF INDIVIDUAL RVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 120 Time of Servic,
21. ATTEMPTS1D.nte I Time I Iles Int. I Date Time I Miles 6n? Date I Time I Miles I Int. I Date Time Miles I Int. I Date Time I Miles I Int. I Date I Time IMiles
22. REMARKS: 4/`'IC.,, .Jl l097 _)A"" /4'I r r kfl[(J'11?pQ/li(fyy /J 7.
23. Advance Caste I 1. Servi? Oosts l
A 25. N/F 126.. sc I 27. Postage) 28?Sub Total
.
j
34. Foreign County Costs 1 35. A
dvance Costs 1 36. Service Costs 1
137. Notary Carl 138.
1'&I
lhec
29. Pound 30. ? 131. Surchg. 132. Tpt. Costs 1 33 l? Du r k
Mileage/Posted/Not Found 139. -[T(oot?aall Costs DI 140, Costs Due or Refund
41. AFFIRMSp [?d.?ubscribed to before me in 14} {,,,^^^}}}} /^/ SO ANSWERS
J L Y f NO ARY gnature of - ( / (/ 45.
42. day of , 20=4 U, Dep. Sheriff ???([[??? .??J
46. Signature of Yor 4ZA1
ro eal 67Ic]°Lnlff[•1. HOSE James V Notary Public
City o r 7 ;; 48. Signature of Foreign Mty Commission ifxplres Met .11. 2f)08 County Sheriff
50.IACK \\l".:.C'A£OCii'70Ffii:L?L., SIGNATURE 151. DATE RECEIVED
OF AUTHOArdED ISSUING AUTHORITY AND TITLE
1. WHITE-Issuing Authority 2.PINK-Attorney 3. CANARY - Sheriffs Office 4. BLUE-Sheriffs Office
Zn :1 d OE Nnr UR
3318311S 71111 T :1JI_d
CID Ar_::.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS ARBITRATION DIVISION
COMPANY,
NO.: 04-2981 Civil Term
Plaintiff,
vs.
TYPE OF PLEADING:
FRANK A. RUBY and MATTHEW PRAECIPE FOR DEFAULT
A. FUTRELL, d/b/a FUTURE PAINTING, JUDGMENT
Defendants.
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS
COMPANY, Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Eric D. Rosenberg, Esquire
PA I.D. No. 87310
McGRATH & LAWRENCE, P.C.
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222
TELEPHONENO.: (412) 281-4333
FIRM NO.: 025
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
ARBITRATION DIVISION
NO.: 04-2981 Civil Tenn
Plaintiff,
VS.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants.
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter a default judgment in the above-captioned case in favor of Plaintiff, The
Sherwin-Williams Company, and against the Defendants, Frank A. Ruby and Matthew A.
Futrell,.d/b/a Future ram?ting, in the amount of:
Principal $5,458.57
Interest to 8/16/04 $ 646.88
Attorneys' Fees (20%) $1,221.09
Total $7,326.54
plus post judgment interest and costs.
McGRATH & LAWRENCE, P.C.
By: ? p
Eric D. Rosenb Esquire
Attorneys for Plaintiff
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222-2102
Telephone (412) 281-4333
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATION OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public, in and for said County and State,
personally appeared Eric D. Rosenberg, Esquire, attorney for and authorized representative of
Plaintiff who, being duly swom according to law, deposes and says that the Defendant, Frank A.
Ruby, is not in the military service of the United States of America to the best of his knowledge,
information and belief and certifies that the Notices of Intent to Take Default Judgment were mailed
in accordance with Pa. R.C.P. 237. 1, as evidenced by the attached copies.
Eric D. senbe Esquire
Sworn to and subscribed before me this
/?4k day of August, 2004.
"CA? P.?-" (A ?
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Dana M. Ryerson, Notary Public
City OF PlGsburgh, Allegheny Cam1y
My Commission Expires Sept 22, 2007
Member, Pennsylvania Associ2flbn Of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
Plaintiff,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
VS.
FRANK A. RUBY and MATTHEW A.
FUTRELL, d/b/a FUTURE PAINTING,
Defendants.
TO: Frank A. Ruby
113 Nittany Drive
Mechanicsburg, PA 17055
DATE OF NOTICE: August 4, 2004
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COURT ADMINISTRATOR
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
McGRAATH & LAWRENCE, P.C.
By:
Eric D. Rosenberf, squire
Attorneys for PI 'ff
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222-2102
Telephone: (412) 281-4333
i
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY EEjjS? D{yF DOM STIX?pq?N¢¢INTERNATIONAL MAI NOT
PROVIDI+P4CT?ATf?11 rf?:? ?`.-ff
Re-ii? Union Bank Building
.?4L,Ur2 i
30G Fourth Avcnuc ' c
PAL;sbuigh) FA 15222 ;rz,
f a,
Affix fee here in
One piece of ordinary mail atltlreasetl
/X
rQ e- ,D
PS Form 3817, January 2001
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATION OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public, in and for said County and State,
personally appeared Eric D. Rosenberg, Esquire, attorney for and authorized representative of
Plaintiff who, being duly sworn according to law, deposes and says that the Defendant, Matthew A.
Futrell, is not in the military service of the United States of America to the best of his knowledge,
information and belief and certifies that the Notices of Intent to Take Default Judgment were mailed
in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
C"t P
Eric D. Rosenber , squire
Sworn to and subscribed before me this
q day of August, 2004.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
I Notarial Seed
Dana M. Ryerson, Notary Pudic
City Of Piltshurgh, Allegheny County
MY Commission Expires Sept 22, 2007
Member, Pennsylvania Association of Notaries
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
Plaintiff,
VS.
FRANK A. RUBY and MATTHEW A.
FUTRELL, d/b/a FUTURE PAINTING,
Defendants.
TO: Matthew A. Futrell
1099 Lewisberry Road
Lewisberry, PA 17339
DATE OF NOTICE: July 30, 2004
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COURT ADMINISTRATOR
4' Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
McGRATH & LAWRENCE, P.C.
By: ik' P
Eric D. Rosenberg, Eire
Attorneys for Plain '
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222-2102
Telephone: (412) 281-4333
U.S. POSTAL SERVICE 1CE^R?T?IFFIICTATE O LING
MAY BE USgoM R*hAI&NIGIWl?AT1ONA!'IOIAICJD bT
PROVIDE F 1R R POSTMAS R
Raceive, 4UU union tank Building
Oh
306 Fourth Avenue nv ='
Pittsburgh, PA 15LZ
One piece o ary mail addressed to
?0 4 pwisb,
kOW
1-7339
PS Form 3817, January 2001
BID)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
Plaintiff,
VS.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/bla FUTURE PAINTING,
Defendants,
VS.
AMERICHOICE FEDERAL CREDIT UNION,
Garnishee.
Defendant:
Matthew A. Futrell
P.O. Box 4 - ?Opoe.sf }- S4
Lewisberry, PA 17339
Garnishee:
AmeriChoice Federal Credit Union
433 S. 18"' Street
Camp Hill, PA 17011
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
TYPE OF PLEADING:
PRAECIPE FOR WRIT OF
EXECUTION
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS
COMPANY, Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Eric D. Rosenberg, Esquire
PA I.D. No. 87310
McGRATH & ASSOCIATES, P.C.
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222
TELEPHONE NO.:
(412) 281-4333
FIRM NO.: 025
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
Plaintiff,
VS.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants,
VS.
AMERICHOICE FEDERAL CREDIT UNION,
Garnishee.
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Please issue a Writ of Execution as follows:
1. Directed to: Sheriff of Cumberland County;
2. Against Defendant, Matthew A. Futrell;
3. Against Garnishee, AmeriChoice Federal Credit Union;
4. In favor of Plaintiff, The Sherwin-Williams Company;
5. For:
Amount Due
Post-Judgment Interest to 6/3/05
Costs (to be added)
TOTAL
$ 7,326.54
$ 355.34
$ 7,681.88
MCGRATH & ASSOCIATES, P.C.
By: cn, Y
Eric D. Rosenbei squire
PA I.D. No. 87310
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-4333
Attorneys for Plaintiff
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ATTORNEYS
June 15, 2005
Sheriff of Cumberland County
Cumberland County Courthouse
Carlisle, Pennsylvania 17103-3387
RE: The Sherwin-Williams Company v. Frank A. Ruby and Matthew A. Futrell,
d/b/a Future Painting; Case No. 04-2981
D= Sir or Madam:
This letter shall serve as formal instruction to serve Interrogatories on Garnishee,
AmeriChoice Federal Credit Union, to garnish the account of Defendant, Matthew A, Futrell,
Acct. 1375970132, SS # 177-50-0859.
If you should have any questions with regard to this matter, please do no hesitate to give me a
call, Your assistance is greatly appreciated.
Very truly yours,
Beth A. Kohnen
Paralegal
/bak
W;1VMATAZMM8 MgTUrUU8050611.Ltr ShaifL o
1500 UNION AA EUaAWO 4 306 Pomm Av • Prrr ge H, PENNSYLVANIA 152222102
TEuveon (412) 2814333 FAS (412) 281.2141
P. ve AvEm1e CawsoNs • 20 NonTH FSNNsYLvANu Awm1E, Sum 104 • GeEEnme , Pe?vA 15601.2407
Tnumom (724) 836-8060 PAY (734) 836.8802
1N1Y,W?BT: WW W.LYNdEIUAi'.CAN
Mr-GRATH & Assomns, P.C.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-2991 Cloi1
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE SHERWIN-WILLIAMS COMPANY, Plaintiff (s)
From FRANK A. RUBY AND MATTHEW A. FUTRELL, D/B/A FUTURE PAINTING,
(1) You are directed to levy upon the property of the defendant (s)and to sell MATTHEW A.
FUTRELL, 208 WEST FRONT ST., LEWISBERRY, PA 17339
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of AMERICHOICE FEDERAL CREDIT UNION, 433 S. 18TH STREET, CAMP HILL, PA 17011
- ON BEHALF OF MATTHEW A. FUTRELL ONLY - ACCT. 1375970132
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $7,326.54 L.L. $.50
Interest POST-JUDGMENT INTEREST TO 6/3/05 - $355.34
Arty's Comm % Due PTothy $1.00
Arty Paid $192.88 Other Costs
Plaintiff Paid
Date: JUNE 13, 2005
CURTIS R. LONG
Prothonotary
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(Seal) /1 ? o ?
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Deputy
REQUESTING PARTY:
Name ERIC D. ROSENBERG, ESQUIRE
Address: MCGRATH & ASSOCIATES, P.C.
1500 UNION BANK BUILDING
306 FOURTH AVENUE '
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-4333
Supreme Court ID No. 87310
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
Plaintiff,
VS.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants.
TYPE OF PLEADING:
PRAECIPE TO SETTLE AND
DISCONTINUE AS TO
GARNISHEE ONLY
VS.
AMERICHOICE FEDERAL CREDIT UNION,
FILED ON BEHALF OF:
Garnishee.
THE SHERWIN-WILLIAMS
COMPANY, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Eric D. Rosenberg, Esquire
PA I.D. No. 87310
McGRATH & ASSOCIATES, P.C.
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, PA 15222
TELEPHONE NO.: (412) 281-4333
FIRM NO.: 025
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
Plaintiff,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
vs.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants.
vs.
AMERICHOICE FEDERAL CREDIT UNION,
Garnishee.
PRAECIPE TO SETTLE AND DISCONTINUE AS TO GARNISHEE ONLY
TO: PROTHONOTARY
Kindly settle and discontinue as to Garnishee Only in the above-captioned matter and mark
the docket accordingly.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Dana M. Ryerson, Notary Public
City Of Pittsburgh, Allegheny Canty
My Commission Expires Sept. 22, 2007
Member, Pennsylvania Association Of Notaries
SWORN TO AND SUBSCRIBED before me this
a q day of June, 2005..
McGRATH & ASSOCIATES, P.C.
By: \ "C
Eric D. Rosenb g
Attorneys for Plat iff
Notary Public
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Praaecipe to Settle and
Discontinue as to Garnishee Only was served on the following this 2 , day of June, 2005,
by first-class U.S. Mail, postage-prepaid:
Matthew A. Futrell
P.O. Box 4
Lewisberry, PA 17339
AmeriChoice Federal Credit Union
433 S. 18W' Street
Camp Hill, PA 17011
McGRATH & ASSOCIATES, P.C.
By: 1 `
Eric D. Rosenberg quire
PA I.D. #87310
Attorneys for The Sherwin-Williams
Company
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222
Telephone Number (412) 281-4333
V2
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
Plaintiff,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
VS.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
TYPE OF PLEADING:
PRAECIPE FOR WRIT OF
EXECUTION
Defendants,
vs.
AMERICHOICE FEDERAL CREDIT UNION,
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS
COMPANY, Plaintiff
Garnishee.
Defendant:
Matthew A. Futrell
P.O. Box 4
Lewisberry, PA 17339
Garnishee:
AmeriChoice Federal Credit Union
433 S. 19" Street
Camp Hill, PA 17011
COUNSEL OF RECORD FOR
THIS PARTY:
Eric D. Rosenberg, Esquire
PA I.D. No. 87310
McGRATH & ASSOCIATES, P.C.
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222
TELEPHONE NO.:
(412) 281-4333
FIRM NO.: 025
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
Plaintiff,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
V5.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants,
vs.
AMERICHOICE FEDERAL CREDIT UNION,
Garnishee.
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Please issue a Writ of Execution as follows
1. Directed to: Sheriff of Cumberland County;
2. Against Defendant, Matthew A. Futrell;
3. Against Garnishee, AmeriChoice Federal Credit Union;
4. In favor of Plaintiff, The Sherwin-Williams Company;
5. For:
Amount Due
Post-Judgment Interest to 8/4/05
Costs (to be added)
$ 5,681.88
$ 346.59
TOTAL $ 6,028.47
MCGRATH & ASSOCIATES, P.C.
By: C? P
Eric D. Rosenberg, (Auire
PA I.D. No. 87310
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-4333
Attorneys for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
NO.: 04-2981 Civil Term
ARBITRATION DIVISION
Plaintiff,
VS.
FRANK A. RUBY and MATTHEW
A. FUTRELL, dlbla FUTURE PAINTING,
TYPE OF PLEADING:
PRAECIPE TO AMEND WRIT OF
EXECUTION
Defendants,
vs.
AMERICHOICE FEDERAL CREDIT UNION,
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS
COMPANY, Plaintiff
Garnishee.
Defendant:
Matthew A. Futrell
P.O. Box 4
Lewisberry, PA 17339
Garnishee:
AmeriChoice Federal Credit Union
433 S. 18"' Street
Camp Hill, PA 17011
COUNSEL OF RECORD FOR
THIS PARTY:
Eric D. Rosenberg, Esquire
PA I.D. No. 87310
McGRATH & ASSOCIATES, P.C.
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222
TELEPHONE NO.:
(412) 281-4333
FIRM NO.: 025
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS ARBITRATION DIVISION
COMPANY,
NO.: 04-2981 Civil Term
Plaintiff,
VS.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants,
VS.
AMERICHOICE FEDERAL CREDIT UNION,
Garnishee.
PRAECIPE TO AMEND WRIT OF EXECUTION
TO THE PROTHONOTARY:
Please amend Writ of Execution as follows:
1. Directed to: Sheriff of Cumberland County;
2. Against Defendant, Matthew A. Futrell;
3. Against Garnishee, AmeriChoice Federal Credit Union;
4. In favor of Plaintiff, The Sherwin-Williams Company;
5. For:
Amount Due $ 7,326.54
Post-Judgment Interest to 6/3/05 $ 355.34
Payment made 6/24/05 ($ 2,000.00)
Costs (to be added) $
TOTAL S 5,681.88
MCGRATH & ASSOCIATES, P.C.
By: 4p ?_
Eric D. Rosenberg, Esquire
PA LD. No. 87310
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-4333
Attorneys for Plaintiff
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AMENDED
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-2981 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE SHERWIN-WILLIAMS COMPANY, Plaintiff (s)
From FRANK A. RUBY AND MATTHEW A. FUTRELL, D/B/A FUTURE PAINTING, P.O.BOX
4, LEWISBERRY, PA 17339
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of AMERICHOICE FEDERAL CREDIT UNION, 433 S. 18Th STREET, CAMP HILL, PA 17011 -
SERVE INTERROGATORIES
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 $5,326.54 L.L.
Interest - POST-JUDGMENT INTEREST TO 8/4/05 - $346.59
Atty's Comm % Due Prothy $1.00
Any Paid $205.38 Other Costs
Plaintiff Paid
Date: AUGUST 8, 2005
CURTIS R. LONG
Prothonotary
(Seal) Bv???P
Deputy
REQUESTING PARTY:
Name ERIC D. ROSENBERG, ESQUIRE
Address: MCGRATH & ASSOCIATES, P.C.
1500 UNION BANK BUILDING
306 FOURTH AVENUE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-4333
Supreme Court ID No. 87310
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-02981 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
SHERWIN-WILLIAMS COMPANY THE
VS
RUBY FRANK A ET AL
And now SHAWN HARRISON Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:45 Hours, on the 26th day of August , 2005, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
FUTRELL MATTHEW A D/B/A FUTURE PAINTING in the
hands, possession, or control of the within named Garnishee
AMERICHOICE FEDERAL CREDIT UNION
433 S 18TH ST
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
AMANDA LYON (BRANCH SERVICE REPRESENTA
personally three copies of interogatories together with 3 true
and attested copies of the within AMENDED WRIT OF EXECUTION and made
the contents there of known to Her
Sheriff's Costs: So answ s?
Docketing .00 ?
Service .00 P
le
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
00
08/3 0/2005
Sworn and subscribed to before me
this day of
t'tiG( By
puty Sheriff
J iIt) A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
Plaintiff,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
VS.
TYPE OF PLEADING:
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants.
PRAECIPE TO SETTLE AND
DISCONTINUE AS TO
GARNISHEE ONLY
vs.
AMERICHOICE FEDERAL CREDIT UNION,
FILED ON BEHALF OF:
Garnishee.
THE SHERWIN-WILLIAMS
COMPANY, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Eric D. Rosenberg, Esquire
PA I.D. No. 87310
McGRATH & ASSOCIATES, P.C.
Three Gateway Center
401 Liberty Avenue, 13' Floor
Pittsburgh, PA 15222
TELEPHONE NO.: (412) 281-4333
FIRM NO.: 025
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
Plaintiff,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
VS.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants.
V5.
AMERICHOICE FEDERAL CREDIT UNION,
Garnishee.
PRAECIPE TO SETTLE AND DISCONTINUE AS TO GARNISHEE ONLY
TO: PROTHONOTARY
Kindly settle and discontinue as to Garnishee Only in the above-captioned matter and mark
the docket accordingly.
COMMONWEALTH OF PENNSYLVANIA
,Nota,ai Seas
Dana M. n^... t: >)o" FUNIC
Cily Of PiMS. .y inany County
My Commissm Exoves Sept 22, 2007
Member, Pennsywama Association Of Notaries
SWORN TO AND SUBSCRIBED before me this
_<:98 +1"?' day of September, 2005.
McGRATH & ASSOCIATES, P.C.
By:
Eric D. Rosenberg
Attorneys for Plaintiff
la ah-La .mac . & j e
Notary Public
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Praecipe to Settle and
Discontinue as to Garnishee Only was served on the following this 2 day of September,
2005, by first-class U.S. Mail, postage-prepaid:
Matthew A. Futrell
P.O. Box 4
Lewisberry, PA 17339
AmeriChoice Federal Credit Union
433 S. 181h Street
Camp Hill, PA 17011
McGRATH & ASSOCIATES, P.C.
By: co
Eric D. Rosenberg, Fos uire
PA I.D. #87310
Attorneys for The Sherwin-Williams
Company
Three Gateway Center
401 Liberty Avenue, 13' Floor
Pittsburgh, Pennsylvania 15222
Telephone Number (412) 281-4333
L?z
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
'`.;Sheriff's Costs: Advance Costs: 300.00
Sheriff's Costs 143.72
rocketing 18.00 156.28 - _?
- `?Youndage 2.82 }
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 06/23/06
Mileage 31.92
Misc.
Surcharge 30.00
Lcv y 40.00
Post Pone Sale
Certified Mail
Postage 1.48
Garnishee 18.00
QTAA. 143.727 C) ??a r/oL
So Answers;
U - Q.
L. R. Thomas Kline, Sif?? a
-A
By U(2 -"
o
1-7
AMENDED
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-2981 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE SHERWIN-WILLIAMS COMPANY, Plaintiff (s)
From FRANK A. RUBY AND MATTHEW A. FUTRELL, D/B/A FUTURE PAINTING, P.O.BOX
4, LEWISBERRY, PA 17339
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of AMERICHOICE FEDERAL CREDIT UNION, 433 S. 18TH STREET, CAMP HILL, PA 17011 -
SERVE INTERROGATORIES
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 $5,326.54 L.L.
Interest - POST-JUDGMENT INTEREST TO 8/4/05 - $346.59
Atty's Comm % Due Prothy $1.00
Atty Paid $205.38 Other Costs
Plaintiff Paid
Date: AUGUST 8, 2005
CURTIS R. LONG
Prothonota
(Seal)
Deputy
REQUESTING PARTY:
Name ERIC D. ROSENBERG, ESQUIRE
Address: MCGRATH & ASSOCIATES, P.C.
1500 UNION BANK BUILDING
306 FOURTH AVENUE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-2814333
Supreme Court ID No. 87310
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
Plaintiff,
VS.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants,
VS.
SOVEREIGN BANK,
Garnishee.
TYPE OF PLEADING:
PRAECIPE FOR WRIT OF
EXECUTION
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS
COMPANY, Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Gary W. Darr, Esquire
PA I.D. No. 83732
McGRATH & ASSOCIATES, P.C.
Three Gateway Center
401 Liberty Avenue, 13'h Floor
Pittsburgh, Pennsylvania 15222
TELEPHONE NO.:
(412) 281-4333
FIRM NO.: 025
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-2981 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE SHERWIN-WILLIAMS COMPANY, Plaintiff (s)
From FRANK A. RUBY AND MATTHEW A. FUTRELL, DB/A FUTURE PAINTING, P.O.BOX
4,208 W. FRONT ST., LEWISBERRY, PA 17339
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of SOVEREIGN BANK, 6520 CARLISLE PIKE, MECHANICSBURG, PA 17050
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 $5,681.88
L.L. $.50
Interest POST-JUDGMENT INTEREST TO 3/14/07 - $557.77
Atty's Comm % Due Prothy $2.00
Atty Paid $383.60
Other Costs
Plaintiff Paid
Date: MARCH 22, 2007
(Seal)
REQUESTING PARTY:
Name GARY W. DARR, ESQUIRE
Address: MCGRATH & ASSOCIATES, P.C.
THREE GATEWAY CENTER
401 LIBERTY AVENUE, 13TH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-4333
Supreme Court ID No. 90857
Curti 9-Londg,Pr ary
4
By:
Deputy
t 0. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
Plaintiff,
vs.
TYPE OF PLEADING:
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants.
vs.
SOVEREIGN BANK,
Garnishee.
PRAECIPE TO SETTLE AND
DISCONTINUE AS TO
GARNISHEE ONLY
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS
COMPANY, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Gary W. Darr, Esquire
PA I.D. No. 90857
McGRATH & ASSOCIATES, P.C.
Three Gateway Center
401 Liberty Avenue, 13`h Floor
Pittsburgh, PA 15222
TELEPHONE NO.: (412) 281-4333
FIRM NO.: 025
E
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
Plaintiff,
vs.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants.
vs.
SOVEREIGN BANK,
Garnishee.
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
PRAECIPE TO SETTLE AND DISCONTINUE AS TO GARNISHEE ONLY
TO: PROTHONOTARY
Kindly settle and discontinue as to Garnishee Only in the above-captioned matter and mark
the docket accordingly.
RATH &/ASSONIATES, P.C.
COMMONWEAL 7H OF PENNSYLVArt. .
Notarial Seal
Dana M. Ryerson, Notary Public
Olty Of Pittsburgh, Allegheny County
My Cornmlasion Expires Sept. 22, 2007
Member, Psnnaylvania Association Of Notaries
By: `
Gary . Darr
Attornevs for Plaintiff
SWORN TO AND SUBSCRIBED before me this
1(0 _ ay of April, 2007.
Notary Public
l .R
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Praecipe to Settle and
Discontinue as to Garnishee Only was served on the following this 1kMn day of April, 2007,
by first-class U.S. Mail, postage-prepaid:
Matthew A. Futrell
P.O. Box 4
Lewisberry, PA 17339
Sovereign Bank
6520 Carlisle Pike
Mechanicsburg, PA 17050
RATH & ASSpCIATES, P.C.
By:
Gary(. Darr, Esquire
PA I.D. #90857
Attorneys for The Sherwin-Williams
Company
Three Gateway Center
401 Liberty Avenue, 13`" Floor
Pittsburgh, Pennsylvania 15222
Telephone Number (412) 281-4333
o
rv
un
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-02981 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
SHERWIN-WILLIAMS COMPANY THE
VS
RUBY FRANK A ET AL
And now STEVE BENDR Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:30 Hours, on the 9th day of April , 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
FUTRELL MATTHEW A D/B/A FUTURE PAINTING
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 6520 CARLISLE PIKE
MECHANICSBURG, PA 17055
Cumberland County, Pennsylvania, by handing to
JESSICA NOTZ (CUSTOMER REP)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
in the
true
and made
Sheriff's Costs: So
Docketing .00
Service .00 '77
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
? y )/a Jd 7
00
04//11/2007
Sworn and Subscribed to
before me this day of By d?e-?
pDC-p-uty Sheriff
A.D
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs: Advance Costs: 150.00
Sheriff's Costs 89.91
Docketing 18.0 60.09
Poundage 1.7
Advertising
Law Library 5
Prothonotary 2.0 Refunded to Atty on 01/07/08
Mileage 8.64
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee 9.00'
TOTAL 89.91 ? Ali y?a ?
So Answers,
Z` R. Thomas Kline, Sheriff.
By aJ-1 A,aJ
01, .Z03?oN
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-2981 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE SHERWIN-WILLIAMS COMPANY, Plaintiff (s)
From FRANK A. RUBY AND MATTHEW A. FUTRELL, DB/A FUTURE PAINTING, P.O.BOX
4,208 W. FRONT ST., LEWISBERRY, PA 17339
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of SOVEREIGN BANK, 6520 CARLISLE PIKE, MECHANICSBURG, PA 17050
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 $5,681.88
L.L. $.50
Interest POST-JUDGMENT INTEREST TO 3/14/07 - $557.77
Atty's Comm % Due Prothy $2.00
Atty Paid $383.60
Plaintiff Paid
Other Costs
Date: MARCH 22, 2007
(Seal)
Curtis R. Long notary
By:
Deputy
REQUESTING PARTY:
Name GARY W. DARR, ESQUIRE
Address: MCGRATH & ASSOCIATES, P.C.
THREE GATEWAY CENTER
401 LIBERTY AVENUE, 13TH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-4333
Supreme Court ID No. 90857
s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
ARBITRATION DIVISION
Plaintiff,
NO.: 04-2981 Civil Term
vs.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
TYPE OF PLEADING:
Defendants.
PRAECIPE TO SATISFY
JUDGMENT
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS
COMPANY, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Gary W. Darr, Esquire
PA I.D. No. 90857
McGRATH & ASSOCIATES, P.C.
Three Gateway Center
401 Liberty Avenue, Suite 1375
Pittsburgh, PA 15222
TELEPHONE (412) 281-4333
FACSIMILE (412) 281-2141
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
Plaintiff,
vs.
FRANK A. RUBY and MATTHEW
A. FUTRELL, d/b/a FUTURE PAINTING,
Defendants.
ARBITRATION DIVISION
NO.: 04-2981 Civil Term
PRAECIPE TO SATISFY JUDGMENT
TO: PROTHONOTARY
Kindly satisfy the judgment in the above-captioned matter and mark the docket accordingly.
McGRATH A OCIATES, P
By:
G . Darr
Attys for Plaintiff
SWORRN TO AND SUBSCRIBED before me this
day of March, 2008.
Notary Pu lic
MMONWEALTH OF PENNSYLVAt?A
Notarial Seal
Beth A. Kohnen, Notary Ptkk
City Of Pittsburgh, AAe_*aW Co"
My CommMiat Expires Aug. 1, 2011
Member, Pennsylvania Association of Notaries
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Praecipe to Satisfy Judgment
was served on the following day of March, 2008, by first-class U.S. Mail, postage-
prepaid:
Matthew A. Futrell
572 Gap Road
Lewisberry, PA 17339
M GRAT & A OCIAT
By:
Galy NY. Darr, Esquire
PA 44). No. 90857
Attorneys for The Sherwin-Williams
Company
Three Gateway Center
401 Liberty Avenue, Suite 1375
Pittsburgh, Pennsylvania 15222
Telephone (412) 281-4333
Facsimile (412) 281-2141
7d ? 00 ? c`_` ? ?1