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HomeMy WebLinkAbout14-3337 SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. /y%_ :3 3,3C RICHARD C. THOMAS and z rri Cz- ' KIM B. THOMAS, C/)r- Defendants CIVIL ACTION - LAW - �c= PRAECIPE FOR WRIT OF REVIVAL ---a tin To the Prothonotary: Please issue writ of revival of lien of judgment entered at the Cumberland County Court of Common Pleas at case no. 09-4137 and enter it in the judgment index against Richard C. Thomas, 5465 Rivendale Blvd, Mechanicsburg, Pennsylvania 17050, and Kim B. Thomas, 112 W Main Street, Middletown, Pennsylvania 17057, Defendants, in the amount of$337,696.98 with interest from May 30, 2014. McNEES WALLACE &NURICK LLC Date: June 2, 2014 By: ClayW. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsongmwn.com Attorneys for Susquehanna Bank 33 - 4S o s 39Lt 9 .sv 14,sn 9.s-0 'p aS- S� ` q'Sv /(tj SCJ SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. i c f_ 333 7 RICHARD C. THOMAS and KIM B. THOMAS, Defendants CIVIL ACTION - LAW WRIT OF REVIVAL TO: Richard C. Thomas Kim B. Thomas 5465 Rivendale Blvd 112 W Main Street Mechanicsburg, PA 17050 M;Wl Z ' ennsylvania 17057 (1) You are notified that the plaintiff has commenced a proceeding to revive the lien of the judgment entered at the Cumberland County Court of Common Pleas at case no. 09-4137. (2) The plaintiff claims that the amount due and unpaid is $337,696.98 with interest from May 30, 2014. (3) You are required within twenty (20) days after service of this writ to file an answer or otherwise plead to this writ. If you fail to do so judgment of revival in the amount claimed by the plaintiff may be entered 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 P x(717) 249-3166 or (800) 990-9108 d Date: June 3 , 2014 Pr thonotary p R VINO .' l.. SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 14-3337 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants : 'CIVIL ACTION - LAW c ' rn PRAECIPE FOR A WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: r, = r�� `' C Issue a writ of execution upon a judgment entered by confession in the above matf& r (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Richard C. Thomas, 5465 Rivendale Blvd, Mechanicsburg, Pennsylvania 17050, Defendant; and (3) against F.A.S.T. Partners, LP, 77 Kelly Drive, Carlisle, Pennsylvania 17013, Garnishee; (4) and enter this writ in the judgment index (a) against Richard C. Thomas, Defendant; and (b) against F.A.S.T. Partners,LP, as Garnishee, against all personal property of the Defendant in the name of the Garnishee (5) Principal: $111,458.65 Accrued Interest: 154,023.68 Late Fees 511.11 Other Charges 73,696.98 Total: $337,696.98* *along with interest accruing at the per diem rate of$12.38 from and following May 30, 2014 and reasonable attorney's fees incurred by the Bank until paid in C-S)6�a full. Sly • � � 33 . 5 �. ip ex'A 1241 a--7 6 00' ��o � — CERTIFICATION I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a Return of Service. McNEES WALLACE &NURICK LLC Date: June 17, 2014 By Clayto . Davi PA AtWmey I.D.No. 79139 McNees Wallace &Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsonkmwn.com Attorneys for Susquehanna Bank Of CU i THE COURT OF COMMON PLEAS o Z CUMBERLAND COUNTY PA DAVID D. BUELL,PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA • 17013 1750 (717)240-6195 www.ccpa.net SUSQUEHANNA BANK, Vs. NO 1.4-3337 Civil Term CIVIL ACTION—LAW RICHARD C. THOMAS AND KIM B.THOMAS WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against RICHARD C. THOMAS,5465 RIVENDALE BLVD., MECHANICSBURG,PA 17050 Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of F.A.S.T. PARTNERS, LP, GARNISHEE(S), as garnishee, 77 KELLY DRIVE, CARLISLE, PA 17013 (Specifically describe property)and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph(c), the garnishee 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, (c) the attachment shall not include (i) the first$10,000 of each account of the defendant(s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution,levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant(s)with a bank or other financial institution that total$300 or less. If multiple accounts are attached,a total of$300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant(s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant(s)not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $337,696.98 Plaintiff Paid Interest ACCRUING AT THE PER DIEM RATE OF$1.2.38 FROM AND FOLLOWING MAY 30,2014 AND REASONABLE ATTORNEY'S FEES INCURRED BY THE BANK UNTIL PAID IN FULL Law Library S.50. Attorney's Comm. % Due Prothonotary 5,11. $o Attorney Paid $577.69 Other Costs Date: 6/23/14 David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name : CLAYTON W.DAVIDSON,ESQUIRE Address: MCNEES WALLACE&NURICK,LLC 100 PINE STREET-P.O.BOX 1166 HARRISBURG,PA 17108 Attorney for: PLAINTIFF Telephone: 717-260-1678 Supreme Court ID No. 79139 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 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r;(_ i_u' F Sheriff i; THE P ROTHONU TAt; coo G, crt L:1nnbcrot Jody S Smith , r e 2:314 JUL — Chief Deputy Richard W Stewart r PENNSYLVANIA COUNTY Solicitor OFFICE OF THE SHERIFF Susquehanna Bank vs. Richard C Thomas (et al.) Case Number 2014-3337 SHERIFF'S RETURN OF SERVICE 06/03/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kim B. Thomas, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Revival according to law. 06/09/2014 08:28 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Writ of Revival by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Richard C Thomas at 5465 Riverdale Blvd., Hampden Township, Mechanicsburg, PA 17050. Atnantka-M-1 AMANDA EBERSOLE, DEPUTY 06/12/2014 07:39 PM - The requested Writ of Revival served by the Sheriff of Dauphin County upon Kim B. Thomas, personally, at 112 W. Main Street, Middletown, PA 17057. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $64.30 SO ANSWERS, June 17, 2014 (c) CountySuite Shentf, Teleosoft. Inc. Shelley Ruhl Real Estale Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff T, Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy SUSQUEHANNA BANK VS KIM B. THOMAS Sheriffs Return No. 2014-T-1683 OTHER COUNTY NO. 2014-3337 And now: JUNE 12, 2014 at 7:39:00 PM served the within WRIT OF REVIVAL upon KIM B. THOMAS by personally handing to KIM B. THOMAS 1 true attested copy of the original WRIT OF REVIVAL and making known to him/her the contents thereof at 112 WEST MAIN STREET MIDDLETOWN PA 17057 Sworn and subscribed to before me this 16TH day of June, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff of By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $47.25 6/6/2014 SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-3337 Civil Term RICHARD C. THOMAS and 2 iv KIM B. THOMAS, = l'" rn co Defendants : CIVIL ACTION - LAW `' `r=rn ,-- - > o C.) I 1_,..;Z: - -- ACCEPTANCE OF SERVICE — n :, rR I, Heather Z. Kelly, of Mette, Evans & Woodside, hereby accept service of theWrif oft' Execution, Notice of Writ of Execution and Interrogatories to Garnishee filed in this matter on behalf of F.A.S.T. Partners, LP and certify that I am authorized to do so on its behalf. Date: , 2014 Respectfully Submitted, METTE, EVANS & WOODSIDE By Heather Z. Kelly, Es ire Attorney I.D. No. 86291 3401 North Front Street Harrisburg, PA 17110-0950 Phone: 717-232-5000 Fax: 717-236-1816 Attorneys for F.A.S.T Partners, LP SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-3337 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants : CIVIL ACTION - LAW 1 crl cJ{.% F.A.S.T. PARTNERS, LP, ;) ti cD Garnishee n y" Gry -r► f `� (;; PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE *••77, TO: Cumberland County Prothonotary `' Pursuant to Pa.R.C.P. No. 3146(b)(1), please enter judgment in favor of Plaintiff, Susquehanna Bank, and against the Garnishee, F.A.S.T Partners, LP, in the amount of $49,227.09 for the following property of Richard C. Thomas and Kim B. Thomas ("Defendants"): Any and all funds found in the accounts of Defendants, identified in the Answers to Interrogatories filed by F.A.S.T Partners, LP, which are attached hereto as Exhibit "A" and incorporated herein by reference. Garnishee admitted in its Answers to Interrogatories that it is in possession of said property. McNEES WALLACE & NURICK LLC Date: July 31, 2014 By Clayton W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson@mwn.com Attorneys for Susquehanna Bank Exhibit A SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD C. THOMAS and KIM B. THOMAS, Defendants . NO. 09-4137 Civil Term F.A.S.T. PARTNERS,'LP, Garnishee : CIVIL ACTION - LAW ANSWERS OF F.A.S.T. PARTNERS, LP TO PLAINTIFF'S INTERROGATORIES TO GARNISHEE Garnishee F.A.S.T. Partners, LP ("Respondent") by and through counsel, Mette, Evans & Woodside, submits the following Answers and Objections to the Interrogatories to Garnishee ("Interrogatories") as follows: GENERAL OBJECTIONS 1. Respondent objects to the Interrogatories to the extent that they seek to expand or modify the requirements for responses to discovery requests set forth in the Pennsylvania Rules of Civil Procedure. Respondent will respond to the Interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. 2. Respondent objects to the Interrogatories to the extent that they are overly broad, unduly burdensome, immaterial, excessive in number, duplicative, and/or will cause unnecessary or unreasonable expense. 3. Respondent objects to the Interrogatories to the extent they call for information that is not relevant and/or not reasonably calculated to lead to the discovery of admissible evidence. 4. Respondent objects to the Interrogatories to the extent that they call for information known only to Plaintiff or others at this time. 5. Respondent objects to the Interrogatories to the extent that they call for information already known to Plaintiff or available to Plaintiff from sources that are equally accessible to Plaintiff and Respondent or from sources other than Respondent from whom such information reasonably should be requested, or to the extent they require Respondent to make any unnecessary or unreasonable investigation. 6. Respondent objects to the Interrogatories to the extent that they seek disclosure of information protected by the attorney/client privilege or attorney/work product doctrine, or that call for the mental impressions of Respondent, its counsel, or its representatives about the merits or strategy of this case. 7. Respondent objects to the Interrogatories to the extent that they or Respondent's responses to them may be construed as an admission by Respondent that any fact or circumstance alleged by Plaintiff in the Interrogatories occurred or existed, or that Respondent's responses may be construed as an agreement or concurrence by Respondent with Plaintiff's characterization of the facts and circumstances pertinent to this action. 8. Respondent objects to the Interrogatories to the extent that they call for confidential or proprietary business information. 2 9. Respondent objects to the Interrogatories to the extent that they call for legal conclusions, or for discussion that is properly the subject of briefing at a later stage of the proceedings, or for, information that can be obtained only through completion of all discovery, or for information that is properly the subject of an expert report. 10. Respondent objects to the Interrogatories to the extent that they call for a counterstatement of facts already set forth in the pleadings or have otherwise been admitted by the parties. 11. Respondent objects to the Interrogatories to the extent that they are so vague or ambiguous as to preclude a reasoned response or interpretation, or are argumentative in nature. 12. Respondent objects to the Interrogatories to the extent that they do not identify a time limit or time frame for reference in responding to them. 13. Respondent's answers are based upon its understanding of the discovery requests and upon the information reasonably available to Respondent as of the date of these answers. These responses to discovery are those of Respondent and do not purport to be the responses of any other person or entity. These General Objections are incorporated into each and every one of Respondent's responses set forth below, whether specifically stated or not, and are not waived nor in any way limited by any response to any specific request. Respondent reserves the right to seasonably amend or supplement these responses at any time additional information may become available. Subject to the General Objections, comments, qualifications and any specific objections, comments and qualifications stated herein, Respondent submits the following responses to the Interrogatories. 3 ANSWERS 1. a. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to Richard C. Thomas and/or Kim B. Thomas (the "defendant(s)") the defendant(s) on any negotiable or other written instrument, or did the defendant(s) claim that you owed the defendant any money or were liable to the defendant(s) for any reason? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. RESPONSE: All Responses of Garnishee to prior Interrogatories submitted by Plaintiff are incorporated herein by reference. F.A.S.T. Partners maintains an account containing Thomas's accrued share of partnership distributions which account has a current balance of $59,427.09 minus a $200.00 Administrative Fee for a balance of $59,227.09. In order for future distributions due to Thomas to continue to be placed in the above -referenced account, a minimum balance of $10,000 must be maintained and a $200.00 administrative fee will be applied. b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of each). N/A 4 2. a. 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 or one or more other persons any property of any nature owned solely or in part by the defendant(s)? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. See Response to Interrogatory No. 1. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). See Response to Interrogatory No. 1. 5 4. a. At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 7 5. a. At any time before or after you were served, did the defendant(s) transfer or deliver any property of any nature to you or to any person, entity or place pursuant to your direction or consent? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 8 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant(s) or to any person, entity or place pursuant to the direction of, or any undertaking for or for the account of, the defendant(s), or otherwise discharge any claim of the defendant against you? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 9 7. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) 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. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 10 8. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) 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. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A Date: July 29, 2014 As To Responses: METTE, EVANS & WOODSIDE By: '1�`� kr(' Heather Z. Kelly, i squire Attorney I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Garnishee F.A.S.T. Partners, LP 11 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Clayton W. Davidson, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 By: Date: July 29, 2014 729623v1 METTE, EVANS & WOODSIDE Heather Z. Kelly, IJssquire Attorney I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Garnishee F.A.S.T. Partners, LP 13 SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-3337 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants : CIVIL ACTION - LAW F.A.S.T. PARTNERS, LP, Garnishee NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 TO: F.A.S.T. Partners, LP, Garnishee YOU ARE NOTIFIED that on August \ , 2014, the following judgment has been entered against you in the above -captioned case: Judgment for Plaintiff and against Garnishee, in the amount of $49,227.09, pursuant to admissions made in Garnishee's Ans to I rrogjes. Date: August ' , 2014 Prothonotary I hereby certify that the name and address of the proper person to receive this Notice is: F.A.S.T. Partners, LP ATTN: Heather Z. Kelly, Esquire Mette, Evans & Woodside 3401 North Front Street, P.O. Box 5950 Harrisburg, PA 17110-0950 McNEES WALLACE & NURICK LLC Date: July 31, 2014 By r Clayton W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson@mwn.com Attorneys for Susquehanna Bank SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-3337 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants : CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT AND DISSOLVE ALL WRITS AGAINST GARNISHEE TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please mark the judgment entered in the above captioned case as any and all writs against the Garnishee, F.A.S.T. Partners, LP, ONLY. Date: August 28, 2014 C) ONLY;, r�- 3 r CD 73 r1 satisfied anal McNEES WALLACE & NURICK LLC By.t.. A Clayto ►,1 . David . n Attorney I.D. 791 9 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson@mwn.com Attorneys for Susquehanna Bank V ow to .5.1c1IL Clot a3ssj 310 (-go S CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the foregoing Praecipe was served by first class, U.S. Mail upon the following: F.A.S.T. Partners, LP ATTN: Heather Z. Kelly, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950. Harrisburg, PA 17110-0950 Date: August 28, 2014 Katie Waters Paralegal SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSY12V I IAw.. Ctirr ^ cr? vs. RICHARD C. THOMAS and KIM B. THOMAS, Defendants To the Prothonotary: : NO. 14-3337 Civil Term : CIVIL ACTION - LAW PRAECIPE FOR A WRIT OF EXECUTION UPON A CONFESSED JUDGMENT Issue a writ of execution upon a judgment entered by confession in the above matter, (1) (2) directed to the Sheriff of Cumberland County, Pennsylvania; against Richard C. Thomas, 5465 Rivendale Blvd, Mechanicsburg, Pennsylvania 17050, Defendant; and (3) against F.A.S.T. Partners, LP, 77 Kelly Drive, Carlisle, Pennsylvania 17013, Garnishee; (4) and enter this writ in the judgment index (a) against Richard C. Thomas, Defendant; and (5) oopd .1(4 c/Sp 361, so I< 01,' '6" " (b) against F.A.S.T. Partners, LP, as Garnishee, against all personal property of the Defendant in the name of the Garnishee Principal: Accrued Interest: Late Fees Other Charges Total: $ 62,231.56 155,506.18 511.11 77,343.91 $295,592.76* *along with interest accruing at the per diem rate of $6.91 from and following October 21, 2014 and reasonable attorney's fees incurred by the Bank until paid in full. -11-pg/p 99 0-a5 e a#//uS3 pi 3403 11 CERTIFICATION I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a Return of Service. McNEES WALLACE & NURICK LLC Date: October 22, 2014 By Clayton . Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(&_,mwn.com Attorneys for Susquehanna Bank THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net SUSQUEHANNA BANK Vs. NO 14-3337 Civil Term CIVIL ACTION — LAW RICHARD C. THOMAS AND KIM B. THOMAS WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF t COUNTY: To satisfy the judgment,interest and costs against RICHARD C. THOMAS, KIM B. THOMAS, 5465 RIVENDALE BLVD., MECHANICSBURG, PA 17050 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of F.A.S.T. PARTNERS, LP GARNISHEE(S), as garnishee, 77 KELLY DRIVE, CARLISLE, PA 17013 (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $62,231.56 Interest $155,506.18 Attorney's Comm. % Attorney Paid $696.99 Date: 10/23/14 (Seal) Plaintiff Paid Law Library Due Prothonotary $2.25 Other Costs $77, 343.91 - LATE FEES- $511.11 I14.;(444..-PctxLL David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : CLAYTON W. DAVIDSON, ESQUIRE Address: MCNEES, WALLACE & NURICK, LLC 100 PINE STREET, P.O. BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-260-1678 Supreme Court ID No. 79139 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 2 SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-3337 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants : CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, Heather Z. Kelly, of Mette, Evans & Woodside, hereby accept service of the Veit o Execution, Notice of Writ of Execution and Interrogatories to Garnishee filed in this mate .'on behalf of F.A.S.T. Partners, LP and certify that I am authorized to do so on its behalf. Respectfully Submitted, METTE, EVANS & WOODSIDE Date: ///g/ , 2014 By p Heather Z. Kelly, Esq Attorney I.D. No. 86291 3401 North Front Street Harrisburg, PA 17110-0950 Phone: 717-232-5000 Fax: 717-236-1816 Attorneys for F.A.S.T Partners, LP SUSQUEHANNA BANK, Plaintiff vs. RICHARD C. THOMAS and KIM B. THOMAS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-3337 Civil Term : CIVIL ACTION - LAW F.A.S.T. PARTNERS, LP, Garnishee PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE TO: Cumberland County Prothonotary Pursuant to Pa.R.C.P. No. 3146(b)(1), please enter judgment in favor of Plaintiff,E`; Susquehanna Bank, and against the Garnishee, F.A.S.T Partners, LP, in the amount of $149,326.66 for the following property of Richard C. Thomas and Kim B. Thomas ("Defendants"): .r- r co C: .1 Any and all funds found in the accounts of Defendants, identified in the Answers to Interrogatories filed by F.A.S.T Partners, LP, which are attached hereto as Exhibit "A" and incorporated herein by reference. Garnishee admitted in its Answers to Interrogatories that it is in possession of said property. McNEES WALLACE & NURICK LLC Date: December f1 , 2014 By Claytorf W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson@mwn.corn Attorneys for Susquehanna Bank CAL -ti Itte1 No'fici�llar%ej SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD C. THOMAS and KIM B. THOMAS, Defendants NO. 09-4137 Civil Term F.A.S.T. PARTNERS, LP, Garnishee : CIVIL ACTION - LAW ANSWERS OF F.A.S.T. PARTNERS, LP TO PLAINTIFF'S INTERROGATORIES TO GARNISHEE Garnishee F.A.S.T. Partners, LP ("Respondent") by and through counsel, Mette, Evans & Woodside, submits the following Answers and Objections to the Interrogatories to Garnishee ("Interrogatories") as follows: GENERAL OBJECTIONS 1. Respondent objects to the Interrogatories to the extent that they seek to expand or modify the requirements for responses to discovery requests set forth in the Pennsylvania Rules of Civil Procedure. Respondent will respond to the Interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. 2. Respondent objects to the Interrogatories to the extent that they are overly broad, unduly burdensome, immaterial, excessive in number, duplicative, and/or will cause unnecessary or unreasonable expense. 3. Respondent objects to the Interrogatories to the extent they call for information that is not relevant and/or not reasonably calculated to lead to the discovery of admissible evidence. 4. Respondent objects to the Interrogatories to the extent that they call for information known only to Plaintiff or others at this time. 5. Respondent objects to the Interrogatories to the extent that they call for information already known to Plaintiff or available to Plaintiff from sources that are equally accessible to Plaintiff and Respondent or from sources other than Respondent from whom such information reasonably should be requested, or to the extent they require Respondent to make any unnecessary or unreasonable investigation. 6. Respondent objects to the Interrogatories to the extent that they seek disclosure of information protected by the attorney/client privilege or attorney/work product doctrine, or that call for the mental impressions of Respondent, its counsel, or its representatives about the merits or strategy of this case. 7. Respondent objects to the Interrogatories to the extent that they or Respondent's responses to them may be construed as an admission by Respondent that any fact or circumstance alleged by Plaintiff in the Interrogatories occurred or existed, or that Respondent's responses may be construed as an agreement or concurrence by Respondent with Plaintiffs characterization of the facts and circumstances pertinent to this action. 8. Respondent objects to the Interrogatories to the extent that they call for confidential or proprietary business information. 2 9. Respondent objects to the Interrogatories to the extent that they call for legal conclusions, or for discussion that is properly the subject of briefing at a later stage of the proceedings, or for information that can be obtained only through completion of all discovery, or for information that is properly the subject of an expert report. 10. Respondent objects to the Interrogatories to the extent that they call for a counterstatement of facts already set forth in the pleadings or have otherwise been admitted by the parties. 11. Respondent objects to the Interrogatories to the extent that they are so vague or ambiguous as to preclude a reasoned response or interpretation, or are argumentative in nature. 12. Respondent objects to the Interrogatories to the extent that they do not identify a time limit or time frame for reference in responding to them. 13. Respondent's answers are based upon its understanding of the discovery requests and upon the information reasonably available to Respondent as of the date of these answers. These responses to discovery are those of Respondent and do not purport to be the responses of any other person or entity. These General Objections are incorporated into each and every one of Respondent's responses set forth below, whether specifically stated or not, and are not waived nor in any way limited by any response to any specific request. Respondent reserves the right to seasonably amend or supplement these responses at any time additional information may become available. Subject to the General Objections, comments, qualifications and any specific objections, comments and qualifications stated herein, Respondent submits the following responses to the Interrogatories. 3 ANSWERS 1. a. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to Richard C. Thomas and/or Kim B. Thomas (the "defendant(s)") the defendant(s) on any negotiable or other written instrument, or did the defendant(s) claim that you owed the defendant any money or were liable to the defendant(s) for any reason? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. RESPONSE: All Responses of Garnishee to prior Interrogatories submitted by Plaintiff are incorporated herein by reference. F.A.S.T. Partners maintains an account containing Thomas's accrued share of partnership distributions which account has a current balance of $159,526.66 minus a $200.00 Administrative Fee for a balance $149,526.66. In order for future distributions due to Thomas to continue to be placed in the above -referenced account, a minimum balance of $10,000 must be maintained and a $200.00 administrative fee will be applied. b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of each). N/A 4 2. a. 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 or one or more other persons any property of any nature owned solely or in part by the defendant(s)? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. See Response to Interrogatory No. 1. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). See Response to Interrogatory No. 1. 5 3. a. At any time you were served or at any subsequent time, did you hold legal title to any property or any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. See Response to Interrogatory No. 1. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). See Response to Interrogatory No. 1. 6 4. a. At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 7 5. a. At any time before or after you were served, did the defendant(s) transfer or deliver any property of any nature to you or to any person, entity or place pursuant to your direction or consent? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 8 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant(s) or to any person, entity or place pursuant to the direction of, or any undertaking for or for the account of, the defendant(s), or otherwise discharge any claim of the defendant against you? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of any debt, the value and location of any property and the amount of any consideration given for any transfer or delivery of any property. No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 9 7. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) 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. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A 10 8. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) 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. N/A b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of each). N/A By: Date: December 15, 2014 As To Responses: METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Garnishee F.A.S.T. Partners, LP 11 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Clayton W. Davidson, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 By: Date: December 15, 2014 758095v1 METTE, EVANS & WOODSIDE Heather Z. Kelly', -Esquire Attorney 1.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Garnishee F.A.S.T. Partners, LP 13 SUSQUEHANNA BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-3337 Civil Term RICHARD C. THOMAS and KIM B. THOMAS, Defendants : CIVIL ACTION - LAW F.A.S.T. PARTNERS, LP, Garnishee NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 TO: F.A.S.T. Partners, LP, Garnishee YOU ARE NOTIFIED that on December j sb, 2014, the following judgment has been entered against you in the above -captioned case: Judgment for Plaintiff and against Garnishee, in the amount of $149,326.66, pursuant to admissions made in Garnishee'nsw rs to I ogatories. Date: December 2014 Prothonotary I hereby certify that the name and address of the proper person to receive this Notice is: F.A.S.T. Partners, LP ATTN: Heather Z. Kelly, Esquire Mette, Evans & Woodside 3401 North Front Street, P.O. Box 5950 Harrisburg, PA 17110-0950 McNEES WALLACE & NURICK LLC Date: December l , 2014 By Clayton W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(a,mwn.com Attorneys for Susquehanna Bank