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HomeMy WebLinkAbout14-4144 a� x O fi THE Pijp DRC` 0 Tia .+ 2014 JUL 16 PH 2: 30 CU116ERL 4 ND PENNS YL Vq to Ty LANDMARK COMMERCIAL REALTY, INC., : IN THE COURT OF COMMON : PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL DIVISION—LAW _ V. : ) q-.' qjqqNo. CIVI FORTE PROPERTIES, a General Partnership, JAMI E. BRAAFHART and KENNETH W. BRAAFHART, Defendants PRAECIPE TO THE PROTHONOTARY Kindly enter Judgment in favor of the Plaintiff, Landmark Commercial Realty, Inc. and against the Defendants, Forte Properties, a General Partnership, Jami E. Braafhart, a General Partner and Kenneth W. Braafhart, a General Partner, in the amount of$11,115.88,plus interest at the legal rate of 6% from April 24, 2014,the date of the District Justice Judgment plus costs of suit,pursuant to the Judgment granted by District Justice Richard S. Dougherty. I hereby certify that no appeal has been filed. Respectfully submitted, C HA & E FF, P.C. By: B c J. Warshawsgtsquire PA upreme CourM No: 58799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: July��, 2014 F:\IIome\BJW\DOCSULANDMARK\FORTE PROPERTIMCumberland CountyTraecipe to Enter Judgnent.wpd 0- C�- S03 63 x LG'AdlibltJNWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND '' Case �x. Mag. Dist. No: MDJ-09-1-03 Landmark Commercial Realty Inc MDJ Name: Honorable Richard S. Dougherty V. Address: 98 South Enola Drive, Suite 1 Jami E Braafhart, Forte Properties, a General Enola, PA 17025 Partnership, Kenneth W Braafhart Telephone: 717-728-2805 Bruce Jeffrey Warshawsky, Esq. Docket No: MJ-09103-CV-0000032-2014 Cunnigham & Chernicoff PC Case Filed: 3/19/2014 2320 N Second St Harrisburg, PA 17110 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09103-CV-0000032-2014 Landmark Commercial Realty Inc Jami E Braafhart Default Judgment for Plaintiff 04/24/2014 MJ-09103-CV-0000032-2014 Landmark Commercial Realty Inc Forte Properties,a General Default Judgment for Plaintiff 04/24/2014 Partnership MJ-09103-CV-0000032-2014 Landmark Commercial Realty Inc Kenneth W Braafhart Default Judgment for Plaintiff 04/24/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Forte Properties,a General Partnership $11,115.88 $0.00 $11,115.88 Jami E Braafhart $11,115.88 $0.00 $11,115.88 Kenneth W Braafhart $11,115.88 $0.00 $11,115.88 Landmark Commercial Realty Inc $0.00 $0.00 $0.00 Judgment Finding (*Post Judgment) In the matter of Landmark Commercial Realty Inc vs. Jami E Braafhart; Forte Properties,a General Partnership; Kenneth W Braafhart on MJ-09103-CV-0000032-2014, on 4/24/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount "Civil Judgment $10,902.28 $0.00 $10,902.28 Filing Fees $213.60 $0.00 $213.60 Grand Total: $11,115.88 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES OR OTHERWISE COMPLIES WITH THE JUDGMENT. - -- R t Ilt act T`. Date Magisterial District Judge Richard S. Dougherty MDJS 315 Page 1 of 3 Printed:04/28/2014 9:45:06AM Landmark Commercial Realty Inc Docket No.: MJ-09103-CV-0000032-2014 V. Jami E Braafhart, Forte Properties, a General Partnership, Kenneth W Braafhart certify that this is a true and correct copy of the record of the proceedings c taininggment. °:IAY292014 Date lAaAerial D trict Judge - ` . Q —0 Gl + 3>c) *'X �7-'� C:) �? D Z E� MDJS 315 Page 2 of 3 Printed:04/28/2014 9:45:06AM ` Landmark Commercial Realty Inc Docket No.: MJ-09103-CV-0000032-2014 V. Jami E Braafhart, Forte Properties, a General Partnership, Kenneth W Braafhart Participant List Plaintiff(s) Landmark Commercial Realty Inc 20 Erford Rd Suite 215 Lemoyne, PA 17043 Defendant(s) Jami E Braafhart individually and as General Partners of Forte Properties,a General Partnership 500 Roundtop Road Lewisberry, PA 17339 Kenneth W Braafhart individually and as General Partners of Forte Properties,a General Partnership 500 Roundtop Road Lewisberry, PA 17339 Forte Properties, a General Partnership 500 Roundtop Road Lewisberry, PA 17339 Complainant's Attorney(s) Bruce Jeffrey Warshawsky, Esq. Cunnigham&Chernicoff PC 2320 N Second St Harrisburg, PA 17110 MDJS 315 Page 3 of 3 Printed:04/28/2014 9:45:06AM LANDMARK COMMERCIAL : IN THE COURT OF REALTY, INC., : COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL DIVISION—LAW V. )(-(, Hlqq No. 01i FORTE PROPERTIES, a General Partnership, JAMI E. BRAAFHART and KENNETH W. BRAAFHART, Defendants NOTICE OF ENTRY OF JUDGMENT TO: Forte Properties, a General Partnership Forte Properties, a General Partnership Ms. Jami E. Braafhart, General Partner Ms. Jami E. Braafhart, General Partner - - Mr. Kenneth W. Braafhart, General Partner Mr. Kenneth W. Braafhart, General Partner 3800 Market Street 500 Roundtop Road Camp Hill, PA 17011 Lewisberry, PA 17339 1 1 YOU ARE HEREBY NOTIFIED THAT ON 1� DU Ll THE FOLLOWING JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE- CAPTIONED CASE IN THE FOLLOWING AMOUNT: PRINCIPAL: $ 11,115.88 PLUS CONTINUING POST-JUDGMENT INTEREST AT A RATE OF 6%PER ANNUM FROM APRIL 24, 2014; CONTINUING COSTS;'CONTINUING FILING-FEES AND CONTINUING ATTORNEY FEES. w Prothonotary I HEREBY CERTIFY THAT THE NAME AND ADDRESS OF THE PROPER PERSON TO RECEIVE THIS NOTICE UNDER PA. R.C.P. §236 IS: Forte Properties, a General Partnership Forte Properties, a General Partnership Ms. Jami E. Braafhart, General Partner Ms. Jami E. Braafhart, General Partner Mr. Kenneth W. Braafhart, General Partner Mr. Kenneth W. Braafhart, General Partner 3800 Market Street 500 Roundtop Road Camp Hill,PA 17011 Lewisberry, PA 17.339 Por este medio se le esta notificando que el de del 2014, el/la siguiente Fallo he sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Forte Properties, a General Partnership Forte Properties, a General Partnership Ms. Jami E. Braafhart, General Partner Ms. Jami E. Braafhart, General Partner Mr. Kenneth W. Braafhart, General Partner Mr. Kenneth W. Braafhart, General Partner 3800 Market Street 500 Roundtop Road Camp Hill, PA 17011 Lewisberry, PA 17339 F:\Iome\BJW\DOCSU.ANDMARK\FORTE PROPERTIEWumberland County\236 Noticempd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Landmark Commercial Realty, Inc. VS. SEE ATTACHED Plaintiff Defendant Address: SEE ATTACHED TO THE PROTHONOTARY OF THE SAID COURT: ❑ Confessed Judgment [Other File No. 2014-04144 Amount Due $11,115.88 Interest $151.66 — to 7/16/14 Atty's Comm c2 '; ` ,ci '`f�, ',e o moi.. Cir ,,y Costs $260.25 %'-', PLUS $1.83 per day 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 all personal and business checking, savings, money market accounts, etc. in the names of Forte Properties, a General Partnership, Jami E. Braafhart and Kenneth W. Braafhart located and held by Mid Penn Bank PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Levy all personal and business checking, savings, money market accounts, etc. in the names of Forte Properties, a General Partnership, Jami E. Braafhart and Kenneth W. Braafhart located and held by Mid Penn Bank and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 0 (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of t e defendant(s) described in the attached exhibit. Date i— I I -1L-1 Signature: comt saq.a() ?el a 2( PS CiaF Print Name: Address: Attorney for: Telephone: Supreme Court ID No: 58799 6 , So Lc_._ 3026q PA_ o sc uAr - J. arshasky, Esquire 2320 North Second Street Harrisburg, PA 17110 Plaintiff 717-238-6570 X235 v 0( S6sirecl LANDMARK COMMERCIAL REALTY, INC., Plaintiff v. FORTE PROPERTIES, a General Partnership, JAMI E. BRAAFHART and KENNETH W. BRAAFHART, Defendants and MID PENN BANK, Garnishee Forte Properties, a General Partnership Ms. Jami E. Braafhart Mr. Kenneth W. Braafhart 3800 Market Street Camp Hill, PA 17011 MidPenn Bank 4622 Carlisle Pike Mechanicsburg, PA 17050 : IN THE COURT OF : COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL DIVISION — LAW : No. Forte Properties, a General Partnership Ms. Jami E. Braafhart Mr. Kenneth W. Braafhart 500 Roundtop Road Lewisberry, PA 17339 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 LANDMARK COMMERICAL REALTY, INC. Vs: NO 14-4144 Civil Term CIVIL ACTION — LAW FORTE PROPERTIES, A GENERAL PARTNERSHIP JAMI E. BRAAFHART AND KENNETH W. BRAAFHART WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against FORTE PROPERTIES, A GENERAL PARTNERSHIP JAMI E. BRAAFHART AND KENNETH W. BRAAFHART, 3800 MARKET STREET, CAMP HILL, PA 17011 AND 500 ROUNDTOP ROAD, LEWISBERRY, PA 17339 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 MIDPENN BANKGARNISHEE(S), as garnishee, 4622 CARLISLE PIKE, MECHANICSBURG, PA 17050 (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. 1 (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 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 $11,115.88 Plaintiff Paid Interest $151.66- TO 7/16/14 - PLUS $1.83 PER DAY Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $60.25 Other Costs' f:60.25 Date: 07/22/14 -14,tmxt_ rktALL David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : BRUCE J. WARSHAWSKY, ESQUIRE Address: CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone: 717-238-6570 Supreme Court ID No. PLAINTIFF 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SH:RIFF C) r r— < C:7 Tat Dc -n C) Dc -4 Landmark Commercial Reality, Inc. vs. Case Number Forte Properties (et al.) 2014-4144 SHERIFF'S RETURN OF SERVICE 07/30/2014 11:02 AM - Ronald Hoover, 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, Mid Penn Bank, 4622 Carlisle Pike, Hampden Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Nathan Kelso, Assistant Branch Manager, personally nine copies of interrogatories together with nine true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on August 1, 2014 to the following: - Forte Properties, 3800 Market Street, Camp Hill, PA 17011 - Forte Properties, 500 Roundtop Road, Lewisberry, PA 17339 - Jami E. Braafhart, 3800 Market Street, Camp Hill, PA 17011 - Jami E. Braafhart, 500 Roundtop Road, Lewisberry, PA 17339 - Kenneth W. Braafhart, 3800 Market Street, Camp Hill, PA 17011 - Kenneth W. Braafhart, 500 Roundtop Road, Lewisberry, PA 17339 August 01, 2014 (c) CountySuite Shenft, Toleosott, Inc. RONALD HOOVER, DEP TY SO ANSWERS, NI- RONR ANDERSON, SHERIFF 4 LANDMARK COMMERCIAL REALTY, INC., Plaintiff v. FORTE PROPERTIES, a General Partnership, JAMI E. BRAAFHART and KENNETH W. BRAAFHART, Defendants and MID PENN BANK, Garnishee : IN THE COURT OF : COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL DIVISION — LAW Q0(14 T LI PLAINTIFF'S INTERROGATORIES TO GARNISHEE, MID PENN BANK TO: Mid Penn Bank 4622 Carlisle Pike Mechanicsburg, PA 17050 i1I PURSUANT TO RULE 3114 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. C. "You" means the main office and all branch offices, representatives, employees, and agents of Mid Penn Bank. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. PLAINTIFF'S INTERROGATORIES TO GARNISHEE, MID PENN BANK DEFENDANTS, FORTE PROPERTIES, a General Partnership, JAMI E. BRAAFHART, General Partner and KENNETH W. BRAAFHART, General Partner ANY AND ALL REMAINING ACCOUNTS, SAFE DEPOSIT BOXES OR PERSONAL PROPERTY 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. no 1A. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. no 2. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. no 3. PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present. location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when the encumbrances or liens were recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. no 4. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those assets. no 5. PROPERTY: At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joining possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part by any Defendant(s)? If so, please describe for each Defendant each item of property including its value. no 6 REAL PROPERTY: At the time you were served or at any subsequent time, did you hold legal, or equitable title to any property of any nature owned solely or in part by the Defendant(s) or in which and Defendant(s) held or claimed any interest? If so, describe for each Defendant each item of property including its value and the interest held by the Defendant(s). no 7. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). no 8. TRANSFER OF PROPERTY: At any time before or after you were served, did any Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent If so, for each Defendant(s) describe the property transferred or delivered including the dates of delivery or transfer and state the consideration paid. no By: Respectfully submitted, CUNNINGHAM & CHERNICO F; P.C. Bruc wsky,`"fluke PA upreme'Court ID No: 58799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: July 11-1 , 2014 F:\Home\BJW\DOCS\LANDMARK\FORTE PROPERTIES\Cumberland Cowtty\Interrpgatories.Garnishee.wpd COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN AFFIDAVIT I, Jessica Kerwin Deposit Processing Specialist of Mid Penn Bank , a Pennsylvania banking corporation, being duly sworn according to law, do depose and say that the answers set forth in the foregoing Interrogatories are true and correct based upon the best of my knowledge, information and belief. MID PENN BANK Sworn and subscribed to before me, a Notary Public, this day of 20 I j Notary Public my commission expires: (seal) (°;- Co COMMONWEALTH OF PENNSYLVANIA Notarial Seal Robin I<. Dietrich, Notary Public Halifax Twp., Dauphin County My Commission Expires Dec. 19, 2016 MEMBER, PENNSYLVANIA ASSOCIATION of NOTARIES Date: �'Lt- ( � ca Kerwin. LANDMARK COMMERCIAL REALTY, INC., Plaintiff v. FORTE PROPERTIES, a General Partnership, JAMI E. BRAAFHART and KENNETH W. BRAAFHART, Defendants and MID PENN BANK, Garnishee afiCtoef-s : IN THE COURT OF : COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL DIVISION — LAW :No. 'CiLi — 00 14 t -r. cP 6-1 PLAINTIFF'S INTERROGATORIES TO GARNISHEE, MID PENN BANK TO: Mid Penn Bank 4622 Carlisle Pike Mechanicsburg, PA 17050 PURSUANT TO RULE 3114 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. C. "You" means the main office and all branch offices, representatives, employees, and agents of Mid Penn Bank. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. PLAINTIFF'S INTERROGATORIES TO GARNISHEE, MID PENN BANK DEFENDANTS, FORTE PROPERTIES, a General Partnership, JAMI E. BRAAFHART, General Partner and KENNETH W. BRAAFHART, General Partner ANY AND ALL REMAINING ACCOUNTS, SAFE DEPOSIT BOXES OR PERSONAL PROPERTY 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. no 1A. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. no 2. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. no 3. PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when the encumbrances or liens were recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. no • 4. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those assets. no 5. PROPERTY: At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joining possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part by any Defendant(s)? If so, please describe for each Defendant each item of property including its value. no 6 REAL PROPERTY: At the time you were served or at any subsequent time, did you hold legal, or equitable title to any property of any nature owned solely or in part by the Defendant(s) or in which and Defendant(s) held or claimed any interest? If so, describe for each Defendant each item of property including its value and the interest held by the Defendant(s). no 7. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). no 8. TRANSFER OF PROPERTY: At any time before or after you were served, did any Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent If so, for each Defendant(s) describe the property transferred or delivered including the dates of delivery or transfer and state the consideration paid. no By: Respectfully submitted, CUNNINGHAM & CHERNICO, F.C. 1 Bruc - J. ,i arae . wsky, uire PA upreme ourt ID o: 58799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: July 1 , 2014 F:\Home\BJW\DOCS\LANDMARK\FORTE PROPERTIES\Cumberland County\Interrogatories.Garnishee.wpd LANDMARK COMMERCIAL REALTY, INC., Plaintiff v. FORTE PROPERTIES, a General Partnership, JAMI E. BRAAFHART and KENNETH W. BRAAFHART, Defendants and MID PENN BANK, Garnishee : IN THE COURT OF : COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL DIVISION — LAW No QGIL( — OLNLI Sates . PLAINTIFF'S INTERROGATORIES TO GARNISHEE, MID PENN BANK TO: Mid Penn Bank 4622 Carlisle Pike Mechanicsburg, PA 17050 PURSUANT TO RULE 3114 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. C. "You" means the main office and all branch offices, representatives, employees, and agents of Mid Penn Bank. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. PLAINTIFF'S INTERROGATORIES TO GARNISHEE, MID PENN BANK DEFENDANTS, FORTE PROPERTIES, a General Partnership, JAMI E. BRAAFHART, General Partner and KENNETH W. BRAAFHART, General Partner ANY AND ALL REMAINING ACCOUNTS, SAFE DEPOSIT BOXES OR PERSONAL PROPERTY 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. no 1A. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. no 2. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. no 3. PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when the encumbrances or liens were recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. no 4. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those assets. no 5. PROPERTY: At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joining possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part by any Defendant(s)? If so, please describe for each Defendant each item of property including its value. no 6 REAL PROPERTY: At the time you were served or at any subsequent time, did you hold legal, or equitable title to any property of any nature owned solely or in part by the Defendant(s) or in which and Defendant(s) held or claimed any interest? If so, describe for each Defendant each item of property including its value and the interest held by the Defendant(s). no 7. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). no 8. TRANSFER OF PROPERTY: At any time before or after you were served, did any Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent If so, for each Defendant(s) describe the property transferred or delivered including the dates of delivery or transfer and state the consideration paid. no By: Respectfully submitted, CUNNINGHAM & CHERNICO Bruc 'J. ,i�ar . wsky, 4uire PA upreme ourt ID No: 58799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: July t l , 2014 F:\Home\BJW\DOCS\LANDMARK\FORTE PROPERTIES\Cumberland County\Interrogatories.Garnisbee.wpd