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Home My WebLink About10-6539SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~,rtitr At ~ uu~ber~7~ =~' ~: tt -w. t~FF~~E <;~ '~. S~ERi~R APR Supply Co. vs. Case Number Timothy S. Hake 2010$539 SHERIFF'S RETURN OF SERVICE 10/22/2010 04:49 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2010 at 1649 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Timothy S. Hake d/b!a Tim Hake Mechanicals, by making known unto himself personally, at 76 Beard Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHAEL BAR ICK, DEPUTY 10!2212010 04:49 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2010 at 1649 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Timothy S. Hake a!k!a Tim Hake, individually, by making known unto himself personally, at 76 Beard Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. ICHAEL BA RICK, DEPUTY SHERIFF COST: $53.44 October 25, 2010 SO ANSWERS, ~-^ RON R ANDER ~~ ~~ ~C ~'` -C ~ :~ t~ c-~ --a ,.~; -.M.+- e~ °~' c-~ --~ -,a ~• 3 ~~~s .~ --.~s,. F'~-r~ -~ ~7 p n~ --~ co ~ -j's ~~ :~. ca ~:; (ci CountySuite Sheriff. Telaosoft. inr,„ OF THE PRO ? NO TORY 2010 NOV 29 PM 2: 04 t;u PFt?dNS ND CUUNrY aNIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 By: Roberta J. Gantea Identification No. 306625 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 APR SUPPLY CO., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 10-6539 Civil Term TIMOTHY S. HAKE a/k/a TIM HAKE, Individually and d/b/a TIM HAKE MECHANICALS Defendant PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, APR Supply Co., and against Defendant, Timothy S. Hake a/k/a Tim Hake, Individually and d/b/a Tim Hake Mechanicals, for his failure to plead to the Complaint in this action within the time required. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendant was served with the Complaint on October 22, 2010, and his answer was due to be filed on November 11, 2010. a51 ?? C" Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was given in accordance with Pa.R.C.P. 237.1 by regular mail to the Defendant, who is pro se, at his last known address November 12, 2010, which is at least ten (10) days prior to the filing of this Praecipe. Please assess damages in the amount of Twenty-Three Thousand Eight Hundred Ninety Dollars and Eighty-Eight Cents ($23,890.88), together with service charges which continue to accrue after July 31, 2010 at the rate of one and five-tenths percent (1.5%) per month of the unpaid balance and continuing after entry of judgment, as well as Plaintiffs reasonable attorney's fees and costs in prosecuting this matter and collecting the unpaid balance due, being the amount demanded in the Complaint. By: M c A. Hess I. D. #55774 Roberta J. Gantea I.D. #306625 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Plaintiff, APR Supply Co. 2 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 By: Roberta J. Gantea Identification No. 306625 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 APR SUPPLY CO., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 10-6539 Civil Term TIMOTHY S. HAKE a/k/a TIM HAKE, Individually and d/b/a TIM HAKE MECHANICALS Defendant To: Timothy S. Hake a/k/a Tim Hake Individually and d/b/a Tim Hake Mechanicals 76 Beard Road Mechanicsburg, PA 17050 Date of Notice: November 12, 2010 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 (10) DAYS FROM THE Al 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - 937 Willow Street MM"Ma To pay Fee, affix stamps or 9 Of Mailing meter postage here e This Certificate of Mailing prcuid?revid,.e 1haSC?ei1 81 ??r o may be used for om c em hal This f rth From ,r '? B 8 7 11 9 9 6 ' a 7,'1l{I 6- ,, F7 LEBAMM- j d i To: a ? 1 ? 1 ? Qostmark Here'' ` ? ? , td? nc? d b cz. bard f?aa ?IPC +(/niCs u PXI t 7D,57? 76 PS Form 3817, April 2007 PSN 7530-02-000.9065 0 T' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN?Lpvq AM 40: '? ? CIVIL DIVISION ?! I APR Supply Co. PRAECIPE FOR WRIT OF EXECUTION 'UMBEKLAND ( GUN "? Confessed Judgment P E N N S Y LV 'N I A. Plaintiff M,/' Other vs. File No. 10-6539 Civil Term Timothy S. Hake a/k/a Tim Hake, $23,890.88 Individually and d/b/a Tim Hake Amount Due Mechanicals Defendant interest 1.5% per month . __ 6tL .3,/, aolo 01- Address: Atty's Comm -?- 76 Beard Road Costs Mechanicsburg, PA 17050 TO THE PROTHONOTARY OF THE SAID COURT: 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. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Levy upon the property of Timothy S. Hake a/k/a Tim Hake, individually and d/b/a Tim Hake Mechanicals, Defendant, of 76 Beard Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. PRAECIPE FOR ATTACHMENT EXECUTION E'G 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) Against Morgan Stanley Barney, Garnishee, of 419 Village Drive, Suite 1, Carlisle, Cumberland County, Pennsylvania 17015 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). E] (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date June 20, 2011 Signature: tjI Print Name: Roberta J. Gantea . y Y Address: 937 Willow Street, P.O. Box 1140 Lebanon, PA 17042-1140 Attorney for: APR Supply Co. Telephone: (717) 274-3644 Supreme Court ID No: 306625 V? a4 ?'`` - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6539 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due APR Supply Co. Plaintiff (s) From Timothy S. Hake a/k/a Tim Hake, Individually and d/b/a Tim Hake Mechanicals 76 Beard Rd. Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell Levy upon the property of Timothy S. Hake a/k/a Tim Hake, individually and d/b/a Tim Hake Mechanicals, Defendant, of 76 Beard Road, Mechanicsburg, Cumberland County Pennsylvania 17050. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Morgan Stanley Barney, Garnishee of 419 Village Drive, Suite 1, Carlisle, Cumberland County, Pennsylvania 17015 GARNISHEE(S) as follows: and all other property of defendant(s) in the possession, custody or control of the said garnishee(s) 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 $23,890.88 L.L.$.50 Interest 1.5% per month Atty's Comm % Due Prothy $2.00 Atty Paid $186.44 Other Costs Plaintiff Paid Date: 6/21/2011 (Seal) REQUESTING PARTY: Name Roberta J. Gantea, Esq. Address: 937 Willow St., P. O. Box 1140 Lebanon, PA 17042-1140 Attorney for: PLAINTIFF Telephone: 717-274-3644 Supreme Court ID No. 306625 1 David D. Buell, Prothonotary By: Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??`?jt, tit ?ttutGer??yt6 OF THE PROTfIONO ARY 10 I I ,NpY 29 AM 9:22 CUP R?Y?QNgNiY APR Supply Co. vs. Timothy S. Hake (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2010-6539 06/27/2011 01:55 PM - William Cline, Deputy, who being duly swom according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Morgan Stanley Barney at 419 Village Drive Suite 1, South Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to DEB YOST, SALES ASSISTANT, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. SO ANSWERS, June 28, 2011 RON R ANDERSON, SHERIFF Z4,( /-,/,/ ?' William Cline, Deputy Sheriff 'C; C??,n*,Suito Teeozat! n1-1 I o r'61271:?Ol 1.7:04 YAX 7177301894 00/27/2011 13:53 FAX 7172584492 HENRY & BEAVER LLP By, Marc A, Hess Identiflcption No. 55774 By: Robert& J. Gantsa Identification No. 306625 837 Willow Street P.O, Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 C-) C c -:1 ? -11 u=rn te- - r- r ? cf J11 APR SUPPLY CO., IN THE COURT OF COMMON PLEAS Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v&. No, 10-6539 Civil Term TIMOTHY S. HAKE a/k/a TIM HAKE, Individually and d/b/a TIM HAKE : MECHANICALS Defendant and MORGAN STANLEY SMITH BARNEY Garnishee Anstoets -k) ,INTERROGATORIES TO GARNISHEE To: Garnishee: Morgan Stanley Smith Barney 416 Village Drive, Suite #1, Carlisle, PA 17015 MSSB CampHill Q0003/0010 MQRGANSTANLEYSMITHBARNEY 4 CAMP HILL CAGE a 003/010 se?g upon you. Failure to do so may result In judgment against you. A copy of the answers must be served on the undersigned. .?f,..°. 7'.774 01894 08/27/2011 13:53 FAX 7172584482 MSSP CamPH;_1.1 IZOO04/0010 MORQANSTANL.EYSMITHBARNEY i CAMP HILL CAGE 14004/010 1. At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to the Defendant 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? - T ? 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 yourseff and one or more other persons any property of any nature owned solely or in part by the Defendant? v EFS i G Jet 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 held or claimed any interest? 1A •2- 17:02 FAX 7177301894 MSSB CampHill 06/27/2011 13:53 FAX 7172584482 MORBANSTANLEYSMITHBARNEY + CAMP HILL CABE 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendant had an interest? 1q1A 5. At any time before or after you were served did the Defendant 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? 1?o is 005/010 6. At any time after you were served did you pay, transfer or deliver any money or property to the Defendant or to any person or pled pursuant to the Defendant's direction or otherwise discharge any claim of the Defendant against you? 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 amount of funds Q0005/0010 .3. 06X?71?01.1 17:02 FAX 7177301894 MSSB CampHill n6/27/2011 13:53 FAX 7172584492 MOROANSTANLEYSMITHDARNEY + CAMP HILL CAGE in each account, and the entity electronically depositing those funds on a recurring basis. Iq lp? R0006/0010 ra 006/010 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, Elisa Lau Paralegal IUr `Q Smith Barney 48:) L xington Ave.. 111th New York-. NY 10017 HENRY $ BEAVER LLP By:_ ?AA?h 6•*?xk. MARC A. HES`$ L D. #55774 ROBERTA J. GANTEA I. D. #306625 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 2743644 Attorneys for Plaintiff -4. Disclaimer Morgan Stanley Smith Barney ("Smith Barney") has obtained pricing information from independent sources it believes to be reliable; however, the Firm makes no assurance that the values provided are accurate. Values are subject to market conditions and are as of a given point in time only. Fees and other charges may apply upon the sale and liquidation of any position. We, as a financial firm reserve the right to claim of setoff, should the client owe us for any amounts that may be due or owed to us. All property in which the client owns or in which they have an ownership interest, whether owned individually, jointly or in the name of another person or entity, which at any time may be in the firms' control for any purpose, including safekeeping, shall be subject to a continuing security interest, lien and right of set-off for the discharge and satisfaction of any debts or obligations however arising that the client may owe to Morgan Stanley Smith Barney, LLC at any time and for any reason. The account(s) may include insurance or annuity (or both) products. The Firm has no possession, custody, or control over these products and cannot, among other things, force or prohibits their sale and liquidation. Values for annuity or insurance products, if any, reflect in-force insurance purchased through Morgan Stanley as of date shown and as reported by the insurance carrier. Amounts shown may be subject to surrender and other contract charges. Disclosure of the value of any insurance or annuity products on the Firm's databases or Morgan Stanley account statements does not confer or imply ownership or beneficial interest on the part of the Morgan Stanley account holder. All ownership, rights, benefits and payments are controlled by the contract between the insurance company and the contract owner as shown on the account holder's policy. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?r OROTHONOTAK)" CUMBERLAND COUNTY PENNS YLVANIA APR Supply Co. Case Number vs. Timothy S. Hake (et al.) 2010-6539 SHERIFF'S RETURN OF SERVICE 06/27/2011 01:55 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Morgan Stanley Barney at 419 Village Drive Suite 1, South Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to DEB YOST, SALES ASSISTANT, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. 07/20/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $584.64 SO ANSWERS, July 22, 2011 RON R ANDERSON, SHERIFF 7V ?--,,QL - (c GountySuite Shea `!. Te=e?osolt Ind. ORIGINAL HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 By: Roberta J. Gantea Identification No. 306625 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 014OTAF, i 1311 „ s,UMB RLANO COUNTY IENNSYLVANIA APR SUPPLY CO., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 10-6539 Civil Term TIMOTHY S. HAKE a/k/a TIM HAKE, Individually and d/b/a TIM HAKE : MECHANICALS Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark judgment in the above-captioned case as satisfied. HENRY & BEAVER LLP By: - ROBERTA J. GANTEA I.D. #306625 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff US'Co FA OA e""O g N ??3L/t>