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Home My WebLink About05-4022 o SALAMAN/FLINK LAW OFFICES By: JOEL M. FLINK, ESQUIRE By: DREW SALAMAN, ESQUIRE Identification Nos. 41200 & 15172 100 S. Broad Street, Suite 1124 Philadelphia, PA 19110 (215) 568-7575 FAX (215) 557-6353 Attorneys for Plaintiff Consolidated Freightways Corp. of Delaware et. al. 805 Broadway, Suite 205 Vancouver, Washington 98660 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Carlisle Electric, Inc. 1255 Claremont Road Carlisle, PA 17013 No. 05~ ~OAl.. ~ ~ PRAECIPE FOR ENTRY OF APPEARANCE, TRANSFER OF JUDGMENT, ASSESSMENT OF DAMAGES AND VERIFICATION OF ADDRESS(ES), V ALInITY AND NON MILITARY SERVICE TO THE PROTHONOTARY: Enter my appearance for the Plaintiff in the above matter; enter judgments in favor of P]aintiff(s) against Defendant(s) on the duly authenticated copy of the judgment contained in the docket entries hereto attached, entered in the jurisdiction noted therein, and assess damages as follows: $7,093.13 JudgmentDue $ 84.50 Interest to date from date of judgment $7,]64.63 Rea] Debt Pursuant to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities, I verify that: (I) the precise last known address(es) of the P]aintiff(s) and Defendant(s) are as above; (2) that said judgments were entered in the said jurisdiction in said amount with costs and interest due as noted, no part of which has been paid (except as noted) and which is valid, enforceable and unsatisfied; (3) and that Defendant(s) is (are) over 18 years of age and not in the military service of the United States or its allies or otherwise within coverage of the Soldiers and Sailors Relief Act of 1940, as amended, and has (have) civilian occupation( s). DAMAGES ASSESSED AND JUDGMENT(S) ENTERED AS ABOVE NOTICE(S) GNEN UNDER PA.R.CN,P,236 Pro Prothonotary UNITEO STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA InRe: Case Number Consolidated Freightways Corporation of RS02-24284MG Delaware, RS03-01969MG Debtor(s) Consolidated Freightways Corp, Plaintiffs, vs EXEMPLlFIEO CERTIFICATE Carlisle Electric, Inc., Defendants, i, Laurie C. Gaffnev . Operations Manager of the Riverside Division, on behalf of Jon. D. Cerello, Clerk of the United States Bankruptcy Court, Central District of California do hereby certify that the preceding and annexed is a complete, true and correct copy of the original Default Judgment In the above entitled case, on file in this division. WITNESS my hand and the seal of said Court this '--fYI~ i 3, ;260 S- c .' (Date) I I ,,<)C ( . Operations Manager, on Behalf of J Cer CLERK, UNITED STATES BANKRUPTCY C CENTRAL DISTRiCT OF CALIFORNIA I hereby certify that the foregoing certificate of the Operations Manager on behalf of the Clerk of the United States Bankruptcy Court Central District of California, is in due form and that the signature allached thereto is the true signature of the Operations Manager. MAY 172005 (Date) v' UNITED STATES BANKRUPTCY JUDGE L , ations Manager of the Riverside Division, on behalf of Jon D. Cerello, Clerk of tcy Court. Central District of Caiifornia, do hereby certify that the Honorable _ is upon the date hereof a United States Bankruptcy Judge of said Court, and that the signature to the above certificate is the true signature of said Judge. WITNESS my hand and the seal of said court this ~ I go J-OY:{" (Date)' Operations Manager, on Behalf of n CLERK, UNITED STATES BANKR P CENTRAL DISTRICT OF CALIFORNIA EXEMPLIFIED CERTIFICATE Attorney or Pany Name, Address and Telephone Number Joseph LSteinfe,ld, Jr., DC SBN 297101, MN SBN 0266292, VA SBN 18666 Joseph A, Hess, NY Reg #2594547, DC SBN 449039 - Primary l\.ttorney kS-K FINANCIAL LLP 2600 Eagan Woods Drive, Suite 220 Eagan, MN 55121 Telephon" (651) 406-9665 exl. 870 Fa" (651) 406-9676 e-mail: jhess@askfinancia1.com Gregory S. Abrams, CA SBN 96759 RECEIVED Joel B. Wemberg, CA SBN 101446 ot A,S'K FINANCIAL 18653 Ventura Boulevard, #361 MAY - 6 200 Tarzana, California 91356 Telephon" (818) 609-9268 Fa" (818) 609 6861 BANKIlIlPlC"-Dl!' e-mail: QabramslWaskfinancial.com CURIIl!;....._ Of CloUfDR \dj-dcf.rrmi'. F:\WP\M"MICFW\DEFAULTS\4-16-04\NOTICES\DJ !PD cBl11lALUlilt-. -~ ~r.Ioo Attorneys For Plainliff, Consolidated Frei!~twavs C Delaware, et al., Debtor in Possession (j UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION ' Inre: Consolidated Freightways Corporation of Delaware, et al. Debtor. Consolidated Freightways Corporation of Delaware, et aI., Debtor in PossesslOn Plaintiflts), vs. Carlisle Electric, Inc. Defendant(s). FOR COURT USE ONLY / ~ 3 1'':) u.s. EW,KRUPTCY COURT I' FILED .. . I I JUL.. 9 200~ 1 Ir'ENT'~D' ge!.~atlo'i Ch,rk of COurt ~B' L 01$ T OF CALIFORNIA Y. Deputy Clerk ~. r, _ U.S. 8ANKRl.lPTCY COUR~-~ ENTE c " r-~_B - D I' n ~I ~? M~ Jt,.lr_ I ... >l~U4 ~""~ '-, ceNf~Jl\)~FOl\Iteto. CJi'lrr. Sf C::.~m BY: CT OF '-'Al.Ir-ORNIA . Deputy Clerk 1 CHAPTER 11 CASE NUMBER RS 02-24284-MG ADVERSARY NUMBER 03-01969 DATE: June 11,2004 TIME: 2:30 pm CTRM: 301 3420 Twelfth Street Riverside, CA 92501 [p,Q(>P€H'1.ED] DEFAULT JUDGMENT I. Based on the Defendant's failure to respond to the Complaint, 1HE COURT RENDERS ITS JUDGMENT, AS FOLLOWS: Judgment shall be enrered in favor of Plaintiff (specifY name): Consolidated Freightways Corporation oeDelaware, et al., Debtor in Possession and against Defendant (specifY name): Carlisle Electric, Inc. a. ~PlaintiffjS awarded damages in the following amount: $6,778.66 b. Plaintiff is awarded costs ill the following amount: $150.00 c. Plaintiff is awarded pre-judgment interest from September 3, 2002, the Petition dare, to entry of this judgment in the amount of ....$.J64.47, calculated at interest rare of 1.35 % pcr annum. d. W The total judgment amount is $7,093.13, which amount shall continue to bear interest at the rate allowed under 28 U.S.C. ~ 1961, to ,...wjt, which is equal to 1.35% or $.25 per day until paid- e. LJ Plaintiff is granted the following relief (specifY): U See Attached Page D This Judgment or claim is determined to be non-dischargeable under: D Bank:nulli;y code ~ 523(a) U Other (specifY): GJ The Court further adjudges and orders as follows: This Court hereby authorizes a private person that is a registered process server to serve a writ of execurion for this case pursuant to Local Rule 7064-1, which provides ill pertinent part that: Any writ or other process for seizure in a civil action shall only be directed to, executed and returned by the United States Marshal or by a state or local law enforcement officer authorized by state law or a private person specially appointed by the Court for that purpose pursuant to a motion and order. The U.S. Marshal shall remain the levying officer. v~ Judge Of The United States Bankruptcy Court Central District Of California 2. 3. 4. Dated: JUL - S ZOC~ - - ~/~ 1 IN RE: Co~SOLlDATED FRJ::1GHTWAYS CORPORATION OF DELAWAltE, ET AI.... CASE No. RS 02~24284~MG ADV,No.: 03-01969 2 CARLISLE. E.LE.CI1lJC, INC. 3 PROOF OF SERVICE 4 STATE OF MINNESOTA, COUNTY OF DAK;OTA 5 I am a resident of the County aforesaid. I am over the age of 18 years and not a party to the within entitled action. My business employment address is 6 2600 Eagan Woods Drive, Suite 220, Eagan, Minnesota 55121 On the date indicated immediately above my signature below, I served the foregoing documents 7 described as: [PROPOSED] DEFAULT JUDGMENT 8 on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Eagan, Minnesota, addressed as follows: 9 Attornev for Defendant 10 Samuel Andes, Esq. Attorney at Law 11 525 North Twelfth Street Lemoyne, P A 17043 12 >> (By Regular Mail) I caused such envelope with first class postage thereon, fully prepaid to be placed in the United States mail. 13 14 _ (Federal) I declare that I am an emp~yee in the offices ofa member of the State Bar of this Court at whose direction the service was made, .. -' . , .) Ex ted at Eagan Minnesota on.' . 15 Hepola, e larant 17 Schmiesser, Declarant brist e Kain, Declarant 1 B Y atterell, Declarant r Hennen, Declarant 19 Tina Bastle, Declarant Erica Kraabel, Declarant 2 0 No: CFWCAR057 Stat: RFDE - Answ: 16 21 22 23 24 25 26 27 28 UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION 1 2 3 4 In re 5 Consolidated Freightways Corporation of Delaware, et aI., 6 7 Debtor. Consolidated Freightways Corporation of Delaware, et aI., Debtor in Possession 8 9 Plaintiff. vs. 10 11 Carlisle Electric, Inc. Defendant. 12 Case No. RS 02-24284-MG Chapter II Adv. No. 03-01969 NOTICE OF ENTRY OF JUDGMENT OR ORDER AND CERTIFICATE OF MAILING TO: Joseph L. Steinfeld, Jr., Esq., Joseph A, Hess, Esq. AS-K FINANCIAL LLP 2600 Eagan Woods Drive, Suite 220 Eagan, MN 55121 You are hereby notified, pursuant to Local Banlauptcy Rule 9021 (1 )(a)(v) that the attached Default Judgment was entered on .!lll J 2 ?nQ4 I hereby certify that I mailed a copy of this notice and a true copy of the attached DEFAULT JUDGMENT to the above-named persons on JUt 1 2 20114 . 13 14 15 Attornev for Defendant Samuel Andes, Esq. Attorney at Law 525 North Twelfth Street Lemoyne, P A 17043 16 17 18 19 20 21 DATED: JUL 1 2 2004 22 23 /. 24 25 26 27 28 JON D. CERETTO CLERK OF. " By: .USBC Central District of California, Riverside Page I 00 SEARCH LOGIN SUGGESTIONS USER PREF'S HELP HOME -+ webP ACER Bankruptcy Case Search - Click here to view the C()verShe~J Creditor Listing Claims Register Docket for Adversary Proceeding 03-01969 CONSOLIDATED FREIGHTW A YS CORP Filing I Entry No. II Image II Entry I Date Complaint filed in re: RS02-24284MG ; To recover money or property. TO A VOID AND RECOVER TRANSFERS OF PROPERTY [II I Relate<l U.S.c. SectionSection 547,548,549, 12/0112003 Im<!Re:JiYa~1>;lQ5 K13: POE 550] Receipt/Reference #: RS-000747; Docs Charged to Estate, hearing on 04/l6/2004 at 10:30 a.m, at 3420 Twelfth Street, Courtroom 301, Riverside, CA 92501 [Displlsed] [EOD I 2/05/2003] [E-F] Summons and notice of status conference issued on 12-15-2003 2 E.elat(;'<l answer due on 1-26-2004; status 12/05/2003 11l1agt:':3J'ag~~;65 KIl;PDF conference hearing on 04/l6/2004 at [)oQ~ 10:30 a.m. at 3420 Twelfth Street, Courtroom 301, Riverside, CA 92501 RE: Item #1 [EOD 12/05/2003][E-F] Hearing held - Status conference to recover money or property. To avoid and recover transfers of proerpty [11 04/16/2004 3 Related [mage:LPgge; 2Q KB;PDF USC DO 547,548,549,550] - default Docs prove-up: June 11,2004 at 2:00 pm; motion papers due by May 10,2004; request to enter default approved RE: Item #1 [EOD 04/19/2004][GAR] Request for entry of default per Local 04/l9/2004 4 Relgted Imau:9~_a~; 272Klt POE Bankruptcy rule and clerk's entry of DQcs default as to Carlisle Electronic Inc. RE: Item #1 [EOD 04/19/2004][GAR] Motion for default judgment with notice 5 E.e]aty~ of motion filed by plaintiffs with proof 05/06/2004 lrH<!ge:_l Qra~;2;WKB~DF of service [EOD 05/07/2004] [GAR] Docs hearing on 06/11/2004 at 2:30 p.m. at 3420 Twelfth Street, Courtroom 301, Riverside, CA 92501 .USBC Central District of California, Riverside Page 2 00 LJLJI I (DISPOSED) RE: Item #5 [EOD 09/14/2004] [KXF] 05/07/2004 6 R.elated Im<ige:2. PagesJ9 KB; PDF Summons service executed RE: Item #2 DOJ;~ [EOD 05/07/2004][URT] Hearing held re default prove up on complaint; Request for entry of default. Default Prove-up by Plaintiff set for 06111/2004 7 Related Imllge:LP!!ge;25 KB; PQF hearing on July 9,2004 at 10:30 a.m. Docs Plaintiff shall file and serve its default motion papers at least 30 days prior to July 9,2004 RE: Item #1 [EOD 06/1 5/2004] [CAR] Notice of continued hearing re status conference filed by plaintiff with proof 07/0112004 8 Related Image.; 3 Paw;; 80 KB;PD_F of service hearing on 07/0912004 at DQfS 10:30 a.m, at 3420 Twelfth Street, Courtroom 301, Riverside, CA 92501 RE: Item #1 [EOD 07/01l2004][MCD] Hearing held re default prove up re complaint to recover money or property. 07/09/2004 9 B,elrn:ed I!llgge:Lpa~;22KB; POI' To avoid and recover transfers of Docs property - Default Approved, Judgment signed RE: Item #1 [EOD 07/12/2004] [CAR] JUDGMENT GRANTED in favor of plaintiff Consolidated Freightways 10 Relatel! Corporation of Delaware, et a!., Debtor 07/09/2004 lIDa~~ 3'pages;LOAKB~J'DE in possession and against defendant Docs Carlisle Electric, Inc. with notice of entry and certificate of mailing RE: Item #1 [EOD 07/1 2/2004] [CAR] 09/14/2004 II B,el<l1ed I!ll<tge:_LP!!~;Ll KB;l'DE Adversary case closing RE: Item #1 Docs [EOD 09/14/2004][KXF] I PACER Service Center I I Transaction Receipt I I OS/24/2005 13:53:09 I IPACER Login: IIaf0992 IICHent Code: IIcfw I jDescription: IIDocket I/Search Criteria: 1103 -0 J 969 I IBillable Pages: 112 IICost: 110.16 I AG~ ~ ~ o t l - -I:. ~ lA -1 Q .....j )-.l ~ '""'t.:::, ~ (') c: -~" -r);:r; rni';-' -:/;., \ z( if).::," _(4.' f,e" \ " ~..-'" ' ~n ~Cl ...' c:: ;,;:: ~ \ ,.." ~ = = cft ""'" .... c:: :1>" '" ~h1 I :<J'!' C1) ~9 -U "7-") :ii :x ,,,,0 - C{" ..-4 C7' ~ f oS..- '10). 2.. ~ TED STATES BANKRUPTCY COURT Central District of California I hereby attest and certify that on y~ .213 , .k)"S the attached reproduction( s), containing 2. pages, is a full, trurrd correct copy of the complete document entitled: ;C/oeAJ the- 03- 0/'769 which includes: 0 Exhibits 0 Attachments in my legal custody at the marked location: ~o Twelfth Street, Suite 125 Riverside, CA 92501-3819 Street, Suite 2074 A 92701-4593 o 1415 State Street Santa Barbara, CA 93101-2511 Jon D. Ceretto, Clerk of Court B;1" ~~;J ~ Deputy f?krk S CERTIFICATION IS VALlO ONLY WITH THE ITED STATES BANKRUPTCY COURT SEAL. f USBC Central District of California, Riverside Page I of3 ~re ,~ ;EARCH LOGIN SUGGESTIONS USER PREF'S HELP HOME: -+ webP ACER Bankruptcy Case Search - Click here to view the C!!YeLSb~et CredHQILisJJl!g Claims Rfgister Docket for Adversary Proceeding 03-01969 CONSOLIDATED FREIGHTW A YS CORP Filing I Entry No. II Image II Entry I Date Complaint filed in re: RS02-24284MG ; To recover money or property. TO A VOID AND RECOVER TRANSFERS OF PROPERTY [II I Related U.S.C. Section Section 547, 548, 549, 12/01/2003 hnnge: 6 Pages; 105 KB; PDF 550] Receipt/Reference #: RS-000747; Docs Charged to Estate, hearing on 04/16/2004 at 10:30 a.m. at 3420 . Twelfth Street, Courtroom 301, Riverside, CA 92501 [D;sp"scd] [EOD 12/05/2003][E-F] Summons and notice of status conference issued on 12-15-2003 2 Relateg answer due on 1-26-2004; status 12/05/2003 Image: 3 Pllge~; 65](B~J)DF conference hearing on 04/16/2004 at Docs 10:30 a.m. at 3420 Twelfth Street, Courtroom 301, Riverside, CA 92501 RE: Item #1 [EOD 12/05/2003][E-F] Hearing held - Status conference to recover money or property. To avoid and recover transfers of proerpty [II 04/16/2004 Related Imn~U'<!ge;2Q KB~PI2F USC 00 547,548,549,550] - default 3--- DQ>:s prove-up: June 11,2004 at 2:00 pm; motion papers due by May 10, 2004; request to enter default approved RE: Item #1 [EOD 04/19/2004][GAR] Request for entry of default per Local 04/19/2004 4 Related Image: 2PJ!g~~:n2 KB; PDF Bankruptcy rule and clerk's entry of Docs default as to Carlisle Electronic Inc. RE: Item #1 [EOD 04/19/2004] [GAR] Motion for default judgment with notice 5 Related of motion filed by plaintiffs with proof 05106/2004 Image: 16 Pages; S2aKE; PDF of service [EOD 05/07/2004] [GAR] Docs hearing on 06/11/2004 at 2:30 p.m. at 3420 Twelfth Street, Courtroom 301, Riverside, CA 92501 IC Central District of California, Riverside Page 2 of3 LJLJI I (DISPOSED) RE: Item #5 [EOD 09/14/2004] [KXF] 05/07/2004 6 Related Image: 2 pages; 89KB; PQ!' Summons service executed RE: Item #2 Docs [EOD 05/07/2004][URT] Hearing held re default prove up on complaint; Request for entry of default. Default Prove-up by Plaintiff set for 06/11/2004 7 Relat~g hna~~J Page; 25uKB; PD!' hearing on July 9, 2004 at 10:30 a.m. Docs Plaintiff shall file and serve its default motion papers at least 30 days prior to July 9,2004 RE: Item #1 [EOD 06/1 5/2004] [CAR] Notice of continued hearing re status conference filed by plaintiff with proof 07/01/2004 8 Related Imag~: 3 Pa~81l KB;l'D!, of service hearing on 07/09/2004 at ])Qcs 10:30 a.m. at 3420 Twelfth Street, Courtroom 301, Riverside, CA 92501 RE: Item #1 [EOD 07/01/2004][MCD] Hearing held re default prove up re complaint to recover money or property. 07/09/2004 9 Related Image: 1 Pag~;22 KB; PDF To avoid and recover transfers of Docs property - Default Approved. Judgment signed RE: Item #1 [EOD 07112/2004] [CAR] mDGMENT GRANTED in favor of plaintiff Consolidated Freightways 10 ReJated Corporation of Delaware, et a!., Debtor 07/09/2004 tmage: 3 Pages;J(t4 KB; PDF in possession and against defendant Docs Carlisle Electric, Inc. with notice of entry and certificate of mailing RE: Item #1 [EOD 07112/2004][CAR] 09114/2004 II Related Image: LPage;Jj K-B; POP Adversary case closing RE: Item #1 DOGS [EOD 09/1 4/2004] [KXF] II PACER Service Center I I Transaction Receipt I I 07/25/2005 09:08:21 I IPACER Login: IIaf0992 IIClient Code: IICFW I IDescription: IIDocket IISearch Criteria: 1103-01969 I IBilIable Pages: 112 IICost: 110.16 I (") '" c::> ~ c: '" .,.. CoM v \15 .,.. -I rr~r-(I :I. -n Z~,X1 -5 fI\f;;':;;' 2T , -('~ r--:-: (.!) ,r:,~ :J}C:. ~~_J CO C :; I ~(! -0 ~.. Z 0 . ::i>c: - (. 2' .' , -'1 ~, -':. c:r> < OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Carlisle Electric, Inc. 1255 Claremont Road Carlisle, P A 17013 Consolidated Freightways Corp, of Delaware COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Carlisle Electric, Inc. No. ()S-~ '10.2 J- ~~ NOTICE Pursuant to Pa.R.Civ.P, 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. IJ Judgment by Default $ !XI Money Judgment $7,164.63 / / Judgment on Award of Arbitrators $ U. Judgment on Verdict $ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: JOEL M. FLINKlDREW SALAMAN ESQUIRES at this telephone number: (215) 568-7575 ~",1-ry PROTHONOTARY ~ ~ <=" CJ' ~ G') , C$} Q (" .:: -.](fl t.!)q~\ '7(,.<, (.0 ~r';:'\ } ~ ~- :E:C 4:6 $c:: .;;- ~ -0 ::It ~ ~:n -om ,uer' L"')O ~,-1..,. '.~I: -\1 o.~ 7' -") '=. ~ - - (,11 SALAMAN/FLINK LAW OFFICES BY: JOEL M. FLINK, ESQUIRE BY: DREW SALAMAN, ESQUIRE I.D. #41200 & 15172 100 S. Broad Street, Suite 1124 Philadelphia, PA 19110 (215) 568-7575 Attorney for Plaintiff Consolidated Freightways Corp. of Delaware et. at. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. Carlisle Electric, Inc. NO. 2005-04022 and Mid Penn Bank Garnishee PRAECIPE FOR WRIT OF EXECUTION AND INDEXING IN JUDGMENT INDEX TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of CUMBERLAND County: (1) against, Carlisle Electric, Inc. , defendant( s) (2) against, Mid Penn Bank, ,garnishee(s) (3) and index this writ against said defendant(s) in the judgment index. REAL DEBT $7.164.63 I INTEREST $0.00 From 08/08/2005 COST PAID: Prothonotary COSTS DUE $- $-- $- $ Sherif STATUTORY -, .C-'~ C.J c':'.) -r1 c..n U> C~., I r-) co en (..f\ - 'WHEN ANY DEPUTY SHERIFF LEVYS OR ATTACHES PROPERTY HE WILL LEAVE THE PROPERTY WITHOUT A WATCHMAN AND IN CUSTODY OF PERSON FOUND IN POSSESSION AFTER NOTIFYING THE PERSON THE PROPERTY IS UNDER A SHERIFF LEVY THE DEPUTY IS NOT LIABLE IN ANY WAY FOR PROTECTING PROPERTY BEFORE SHERIFF'S SALE. PLAINTIFF'S GENERAL LEVY INSTRUCTIONS I. Some deputies "give advice" to defendants that they need not permit them to enter on their premises to levy. Counsel requests that your deputies are instructed to refrain from giving any advice, especially that which obstructs their serving the process of the coUti. However, if your deputies following this practice, [request that they also advise that if entry is refused, this counsel typically moves the court for an order to secure a locksmith to assist the deputy to gain entry by force and for an award of attorney fees as a penalty for obstruction judicial process. 2. Seize all cash register contents and visible cash (if the levy is made at a retail business location) and prepare a schedule of distribution for the same. 3. Levy, but do not seize, motor vehicles parked on defendant's driveways or in defendant's garages (not parking lots of retail establishments open to the public) and provide counsel with a list oflicense numbers and descriptions, Also, every vehicle bearing defendant's name printed wherever located and advise. Counsel will secure PennDot (or out of states) title reports prior to sale. 4. Counsel insists on selling every item of non exempt tangible personal property on the levied premises, including what is hanging on the walls, contained in the drawers and stored in the closets attic, basements, garage(s), the grounds and any out buildings. [fyour deputies inventory the "major items" when levying and sell these and all other sundry items, a "levy report" or inventory of major items is satisfactory and in accordance with the law of Pennsylvania expressed by our Supreme Court in Lewis v. Smith, 2 S. & R. 142 (1815) (a levy on some personal property on the premises is a levy on all personal property on the premises). However, if your deputies will refuse to obey this binding, never overruled case law and sell only the items listed on the levy report, then counsel insists that they inventory every item of personal property on the premises---no exceptions--- lor example, every screwdriver, stapler, rubber band, calendar, telephone directory, stationary. light bulb. etc. Counsel wishes to be prepared to sell all non exempt property on the premises. 5. Please note that the lien of the Sheriffs levy applies to all property which eomes on the premises subsequent to levy under the judicial decisions of our Supreme Court of Pennsylvania, never overruled or modified by subsequent judicial decision, statute or rule of court. Shafner v. Gilmore, 3 Watts & S, 438 (1842); Wilson Sieger & Co. Appeal, 13 Pa 426 (1856). If your deputies are not prepared to obey and follow this binding judicial authority, I insist that they make a supplementary levy and post new handbills one week prior to the scheduled sale. OROER FOR SERVICE TO SHERIFF OF cUMBERLANO COUNTY OATE Auaust18.2005 PROTHY NO. aoC\")-OYCBd- SALAMAN/FLlNK LAW OFFICES (A Professional Corporation) By: Drew Salaman, Esquire Joel M. Flink, Esquire Identification No. 15172 & 41200 WRIT ANDIOR COMPLAINT Civil Action Land Title Building, Suite 1124 100 South Broad Street Philadelphia, PA 19110 (215) 568-7575 Fax (215) 557-6353 Consolidated Freiahtwav Corp. of DE VS. PLAINTIFF r---.1 C:::.l 0 ~ -, (./') P'l -,:;1 I N -l ::1:" r"ilr_.. (Tl ,-' ~I;:~ Carlisle Electric. Inc. OEFENOANT Mid Penn Bank ~ GARNISHEE G) (-') ;,Tl ~-;::\ ':',;:>- en ~ 0"' SERVE UPON: Mid Penn Bank AOORESS: 4622 Carlisle Pike. Mechanicsbura. PA 17055 SPECIAL INSTRUCTIONS: Serve Writ and Interrogatories SERVICE WAS NOT MADE BECAUSE: 'Watchman waived as set forth below, BUT SEE GENERAL LEVY INSTRUCTIONS ON REVERSE SIDE. WRIT OF EXECUTION TO THE SHEroFF OF CUMBERLAND COUNTY To satisfy judgment, interest and costs against: Carlisle Electric. Inc. defendant(s) (1) You are directed to levy upon the property of the defendant(s) and to sell defendant(s) interest therein: 1255 Claremont Road, Carlisle, PA 17013 (2) You are also directed to attach the property of the defendant(s) not levied upon levied upon in the possession of Mid Penn Bank, 4622 Carlisle Pike, Mechanicsburg, PA 17055 garnishee(s) (specifically describe property) All sums due defendant(s) from garnishee(s). All property of defendant(s) possessed by gamishee(s). All accounts including all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents oftide, securities, coupons and safe deposit boxes, especially account 00(5): and to notify the garnishee(s) that (a) an attachment has been issued: (b) the gamisbee(s) is (are) 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 and subject to attachment is found in the possession of anyone other than a named gamishee(s), you are directed to notify him (them) that he (they) has (bave) been added as gamishee(s) and are enjoined as above stated. REAL DEBT $7.164.63 INTEREST FROM 08/08/2005 $0.00 PROTHONOTARY COSTPAID: Prothonotary $ BY: Deputy Prothonotary Sheriff $ DATE: 08/1 0/2005 STATUTORY $ COSTS DUE $- ~ ~~ F= P ~ i0J ;J ...., c:.~ 0 C.::::J ~ ;J c_n -q <cJ v> ::j OJ r-q -'.--n ~ -'i.) rl1~- f'" -""'J~"; I - ,--: ---- rv C- O :'t~ - ~ ~ ;:=-- ., ~ U\ -'- , C'J ,j,n .--..... Q ~;! ..._J ~. (P :;:J J ..-' ~. (.':1 --< ~ ;! WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4022 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSOLIDATED FREIGHTW A YS CORP OF DELAWARE Plaintiff(s) From CARLISLE ELECTRIC, INC., 1255 CLAREMONT ROAD, CARLISLE P A 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell SEIZE ALL CASH REGISTER CONTENTS AND VISIBLE CASH. LEVY BUT DO NOT SEIZE MOTOR VEHICLES PARKED ON DEFT'S DRIVEWAYS OR IN DEFT'S GARAGES AND PROVIDE COUNSEL WITH A LISTOF LICENSE NUMBERS AND DESCRIPTIOJNS, ALSO EVERY VEHICLE BEARING DEFT'S NAME PRINTED WHEREVER LOCATED AND ADVISE, COUNSEL WILL SECURE PENNDOT TITLE REPORTS PRIOR TO SALE. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of MID PENN BANK, 4622 CARLISLE PIKE, MECHAICSBURG PA 17055 GARNISHEE(S) as follows: KINDL Y SERVE INTERROGATORIES ON GARNISHEE BANK. 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $7,164.63 Interest FROM 818105 L.L. $.50 Atty's Comm % Atty Paid $37.50 Plaintiff Paid Date: SEPTEMBER 2, 2005 Due Prothy $1.00 Other Costs Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name JOEL M FLINK, ESQ. Address: 100 S. BROAD ST., STE. 1124 PHILDELPHIA PA 19110 Attorney for: PLAINTIFF Telephone: (215) 568-7575 Supreme Court lD No. 15172 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-04022 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CONSOLIDATED FREIGHTWAYS CORP VS CARLISLE ELECTRIC INC And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0016:00 Hours, on the 19th day of September, 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT CARLISLE ELECTRIC INC , in the hands, possession, or control of the within named Garnishee MID PENN BANK 4622 CARLISLE PIKE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to MARY LEITZEL (TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her , Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 ,00 ,00 .00 so;::~..~~~ R. Thomas Kline' Sheriff of Cumberland County 10/03/2005 Sworn and subscribed to before me this 7 -ft.. day of (J..-t~ ~OO~AD ~ J;~ Pr onat By ~Jt',dM'A eputy Sheriff' SALAMAN/FLINK LAW OFFICES BY: JOEL M, FLINK, ESQUIRE BY: DREW SALAMAN, ESQUIRE LD. #41200 & 15172 100 S, Broad Street, Suite 1124 Philadelphia, PA 19110 (215) 568-7575 Attorney for Plaintiff Consolidated Freightways Corp. of Delaware et. al. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v, Carlisle Electric, Inc. NO. 2005-04022 and Mid Penn Bank Garnishee INTERROGATORIES IN ATTACHMENT To: Mid Penn Bank (Garnishee) i..{&,J-.}- /I. L . . P' c-a.r '51<...,.. I~ /J..-4.4~~hcu PA- . You must file with the Court answers to the following interrogatories within twenty to)' t7C/f)0" days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If vour answer to anv of the foregoing interrogatories is affirmative. specify the amount, value and/or nature of the subiect property. I. At the time you were served or at any subsequent time, did you owe the defendant( s) any money or were you liable to defendant( s) on any negotiable or other written instrument, or did defendant( s) claim that you owed any money or were liable to defendant(s) for any reason? Account number 6501928 in the name of Carlisle Electric, General Account, having a balance of $6,473.76 ad of October 3, 2005 2. At the time you were served or at 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 or any nature owned solely or in part by the defendant(s)? See answer to nr. one above 3. At any 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(s) held or claimed any interest? See answer to nr. one above 4, At any time you were served or at any subsequent time, did you hold as a fiduciary or in any other capacity any property in which the defendant(s) had an interest? See answer to nr. one above 5. At anytime before or after you were served, did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? See answer to nr. one above 6. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? See answer to nr~ one above 7, At the time you were served or at any subsequent time, did you have or share any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, or collateral in which there was an interest claimed by defendant(s)? No 8, IdentifY every account (not previously noted), titled in the name of defendant(s) or in which you believe defendant(s) have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account or otherwise, Dat::eCkig~:~~U~}!umber 6502546 in tl1e nami,_o:;r~i~_1~rOll JOEL M. P'tJNK, ESQUIRE ;DREW SALAMAN, ESQUIRE v/ Attorneys for Plaintiff Account COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN AFFIDAVIT I, Dennis Spotts, Operations Officer 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 BY:~~~ Operations Officer Sworn and subscribed to before me, a Notary Public, this 03 dayof()rfohi'Y" 2005 -foPJe-C-Ca- 9-' Notary Publi ., . my commiSSIOn expires: (seal) -&~~ J(..Lt1.L l!j, 2CO'!} COMMONWEAlTH OF PENNSYLVANIA Notarial Seal Aebeoca J. Aakat', NotaJy Public M~8ISburg Bom. DaupI1In Counly My Commission E>cpir9s June 15, 2009 Member, PeMsylvanla Association of Notaries ("') .-.> 0 c:> c: c::::::r -n C,n C) '-, C'-), 1 -' - -0 , -' , ~:. '-:? :':j c:) --<- -.J SALAMAN/FLINK LAW OFFICES BY: JOEL M. FLINK, ESQUIRE BY: DREW SALAMAN, ESQUIRE LD. #41200 & 15172 100 S. Broad Street, Suite 1124 Philadelphia, PA 19110 (215) 568-7575 FAX (215) 557-6353 Attorney for Plaintiff Consolidated Freightways Corp. of Delaware et. al. COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Carlisle Electric, Inc. No. 2005-04022 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Upon payment of your costs only, kindly mark the judgment in the above referenced matter satisfied, SALAMAN/FLINK LAW OFFICES Dated: If} - / / - 0 ~ BY: ,1/J7~ EL M, FLINK, SQUIRE ~'DREW SALAMAN, ESQUIRE 1-,,) Ci:, :;j, ??; . , CJ -n ~~ '...D 01 0") R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL 18.00 2.53 Advance Costs: 150.00 Sheriffs Costs 128.63 21.37 .50 1.00 17.60 Refunded to Attyon 5/12/06 40.00 40.00 9.00 128.63 ~ (r O(p.O~ ) Sworn and Subscribed to before me ".~~~ . R. Thomas. Kline, Sheriff /f ByC!o.tIJ; II-. ~6alu ~ C) ~ ~ a v., Prothonotary " I, --I L1) t. S : \ d l- d]S SGllI €3 ~ cz:u=u l}), ~/\"l; \ J '-' \~~ 'e' 33\ B .:i i\ "~I '.. ',)\':.Lj =-...::::1 ~ \.9> ~~Oql.-- ~ 1'7 H~Y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4022 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CONSOLIDATED FREIGHTW A YS CORP OF DELAWARE Plaintiff(s) From CARLISLE ELECTRIC, INC., 1255 CLAREMONT ROAD, CARLISLE P A 17013. (l) You are directed to levy upon the property of the defendant (s)and to sell SEIZE ALL CASH REGISTER CONTENTS AND VISIBLE CASH. LEVY BUT DO NOT SEIZE MOTOR VEHICLES PARKED ON DEFT'S DRIVEWAYS OR IN DEFT'S GARAGES AND PROVIDE COUNSEL WITH A LlSTOF LICENSE NUMBERS AND DESCRIPTIOJNS. ALSO EVERY VEHICLE BEARING DEFT'S NAME PRINTED WHEREVER LOCATED AND ADVISE. COUNSEL WILL SECURE PENNDOT TITLE REPORTS PRIOR TO SALE. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of MID PENN BANK, 4622 CARLISLE PIKE, MECHAICSBURG PA 17055 GARNISHEE(S) as follows: KINDLY SERVE INTERROGATORIES ON GARNISHEE BANK. 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 ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $7,164.63 Interest FROM 8/8/05 L.L. $.50 Arty's Comm % Atty Paid $37.50 Plaintiff Paid Due Prothy $1.00 Other Costs Date: SEPTEMBER 2, 2005 C~TIS . ( Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOEL M FLINK, ESQ. Address: 100 S. BROAD ST., STE.1124 PHILDELPHIA PA 19110 Attorney for: PLAINTIFF Telephone: (215) 568-7575 Supreme Court ID No. 15172