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Home My WebLink About06-2365 , " COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO: ()~ -,;(1(.,.5 C!iufT~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT AGAP AO FLOWERS & GIFTS, INe. Defendant : PREVIOUSLY ASSIGNED TO: N/A To: Agapao Flowers & Gifts, Inc., Defendant You are hereby notified that on entered against you in the sum of$10,753. , 2006, judgment by confession was , in the above-captioned cas DATE: "-I/;).{;/()f.e, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 I hereby certify that the following is the address of the Defendant stated in the certificate of residence: Agapao Flowers & Gifts, Inc. 275 Cumberland Pkwy#155 Mechanicsburg, P A 17055 ~'/ ' /7) / I / .' _.," ii/if /' Attof~~fOY~~i~... . . . / . . A, Agapao Flowers & Gifts, Inc., Demandado(s) Por este medio sea avisado que en el dia de de 2006, un fallo por admision fue registrado contra usted por la contidad de $10,753.57 del caso antes escrito. Fecha: el dia de de 2006 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Par este medio . certifico que 10 siguiente es la direccion del demandado dicho en el certificado de residencia: Agapao Flowers & Gifts, Inc. 275 Cumberland Pkwy #155 Mechanicsburg, P A 17055 7.. J./ 1/. ,.- ,,' Abogada( iJ,jdd;:mimdante( s) C y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO: Of., -;2]~ Cl-U\LI~ COMMUNITYBANKS, Plaintiff v. CONFESSION OF JUDGMENT AGAP AO FLOWERS & GIFTS, INe. Defendant : PREVIOUSLY ASSIGNED TO: N/A CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: a. Principal Interest to March 16, 2006 Late Charges Satisfaction Fees $ 10,000.00 $ 427.33 $ 201.24 $ 125.00 $ 10,753.57 plus additional interest at the default rate of interest provide in the Note after March 16, 2006, plus attorneys fees and costs. b. c. d. TOTAL Respectfully submitted, McNees Wallace & Nurick LLC Date: April 25, 2006 By: //1...., ..}. ---;-. ...;/ . ~ .>2;,/ / <ieoffr~:8f.shuff, Esquire SUpfeme Court ID#24848 . 100 Pine Street, PO Box 1166 Harrisburg, P A 17l 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKETNO:Ol- -JJf.".s; CiU\l~~ COMMUNITYBANKS, Plaintiff v. CONFESSION OF JUDGMENT AGAP AO FLOWERS & GIFTS, INe. Defendant PREVIOUSLY ASSIGNED TO: N/A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 I . The name and address of the Plaintiff is CommunityBanks, having a principal regional office located at 55 Wetzel Drive, Hanover, Pennsylvania 17331. 2. The name and last known address of the Defendant is Agapao Flowers & Gifts, Inc. ("Defendant"), 275 Cumberland Pkwy #155, Mechanicsburg, Pennsylvania 17055. 3. On September 8, 2005, Defendant executed and delivered to Plaintiff a Promissory Note in the original principal amount of $10,00.00 ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant is in default of Defendants' obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiff's demand dated February 3, 2006, is attached hereto as Exhibit "B" and made a part hereof. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. There has not been any assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction. 8. The amount due to Plaintiff as a result of Defendants' default is as follows: a. Principal $ 10,000.00 b. Interest to March 16, 2006 $ 427.33 c. Late Charges $ 201.24 d. Satisfaction Fees $ 125.00 TOTAL $ 10,753.57 9. In addition, Defendant has agreed to pay Plaintiff's attorney fees and costs of suit, and interest is payable by the Defendant at the default rate of interest provided in the Note after March 16,2006, including on and after entry of Judgment on this Complaint and until receipt of the full amount due Plaintiff under the Note. WHEREFORE, Plaintiff, CommunityBanks, demands judgment against Agapao Flowers & Gifts, Inc., Defendant, in the amount of $10,753.57, plus interest at the default rate of interest provided in the Note after March 16,2006, through the date of payment, including on and after the date of entry of judgment on this Complaint, plus attorneys fees and costs. Respectfully submitted, Date: April 25, 2006 McNees Wallace & Nurick LLC 1 ./1 By t,Jt~~"i" Supreme <lour! ID #24848 ]00 Pine Street, PO Box] 166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO: v. : CONFESSION OF JUDGMENT AGAPAO FLOWERS & GIFTS, INe. Defendant : PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Georgia Bear, hereby verifY that the statements made in the foregoing Complaint are true and correct to the best of my infonnation, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa e.S. Section 4904, relating to unsworn falsification to authorities. Date: ~J;:< .n()0 COMMUNITY~.J' . By/;, V Georgia Bear Vice President, Collections Manager Ai ,ao Flowers &:. Gi fts I CommunityBanks 2796 Old Post Road Harrisburg, PA 17110 (717) 909-3400 "LENDER" 275 Cumberland M,~.9l::1~_9.:i,C::f:SPH:t"9!_ TEl1:f!HONE'N.d; (717)737-4356 Pkwy PA 17055 lPI::Ntlf;:I~AtlON:@, COMMERCIAL VARIABLE RATE REVOLVING OR DRAW NOTE CommunitY-Banks lQA;tf NUMBER 109120964 C132 VARIABLE $10,000.00 09/0a/05 to fund work in ca ital and renovations to the flower she PROMISE TO PAY: For value received, Borrower promises to pay to the order of Lender, the principal amount of en 0 n no Dollars ($ 10, 000 . 00 ) of. If less, the aggregate unpaid principal amount of at! loans or advances made by Lender to Borrower under this Note, plus interest on the unpaid princIpal balanoe at the rate and In the manner described below, until all amDunts owing undElr this Note are paid in full. All amounts received by Lender shall be applied first to accrued unpaid interest, then to unpaid principal and then to unpaid late charges and expenses, or in any other order as determined by Lender, in Lender's sole discretion, as permitted by law. REVOLVING OR DRAW FEATURE: [!J This Note possesses a revolving feature. Upon satisfaction of all conditions set forth in this Note, Borrower shall be entitled to borrow up to the full prlnoipal amount of the Note and to repay and reborrow from time to time during the term of the Note. 0 This Note possesses a draw feature. Upon sa.tisfactlon of all conditions set forth in this Note, Borrower shall be entitled to draw one or more times under this Note. Any repayment may not be raboTTowed. The aggregate amount of such draws shall not exceed the full principal amount of this Note. Information with regard to any loans or advances under this Note shall be recorded and maintained by Lender in its internal records and such records shall be conclusive of the principal and Interest owed by Borrower under this Note unless there is a material error in such reoords. The lender's failure to record the date and amount of any loan or advance shall not limit or otherwise affect the obligations of the Borrower under this Note to repay the principal amount of the loans or advances together with all interest accruing thereon. Borrower shalt be entitled to inspect or obtain a copy 01 the records during Lender's business hours. CONDITIONS FOR ADVANCES: If no Event of Default has ocourred under this Note, Borrower shall be entitled to borrow monies under this Note (subject to the limitations described above) under the following conditions: INTEREST RATE: This Note has a variable rate feature. The interest rate on this Note may ohangE!: from time to time jf the Index Rate identified below changes. Interest shall be computed on the basis of the actual number of days over 3 6 0 days per year. Interest on this Note shall be calculated and payable at a variable rate equal to 2. 500 % per annum over the Index Rate. The initial interest rate on this Note shall be 9 . 000 % per annum. Any change in the interest rate resulting from a change in the Index Rate will be effective on: The date of the change. RATE LIMITATIONS: Subject to af?plicable law, the minimum interest rate on this Note shall be 4.000 % per annum. The maximum interest rate on this Note shall not exoeed 21. 000 % per annum, or if less, or if a maximum rate is not indicated, the maximum interest rate Lender is permitted to charge by law. The maximum rate increase at anyone time wlll be nf a %. The maximum rate decrease at anyone time will be nf a 0/0. INDEX RATE: The Index Rate for this Note shall be: Wall Street Journal Prime: The Prime Rate as published in the Wall Street Journal, If the Index Rate is redefined or becomes unavailable, then Lender may select another index which is substantially similar. DEFAULT RATE: If there is an Event of Default under this Note, the Lender may, in its discretion, increase the interest rate on this Note to: Rate in effect at time of default glus two vercent (2%}. or the maximum interest rate Lender is permitted to charge by raw, whichever IS less. PAYMENT SCHEDULE: Borrower shall pay the prinoipal and interest according to the following schedule: On demand, but if no demand is made, then: n('l('lT'llAti int-.ArF!~t- ~h;:,.'_' hA ni=lvahlR mnn~hlv ""-.1=1 hillAO hv the LAnner _ Prin~iniil Plht=J.l1 hR ni'ivo=lhl_Fl PREPAYMENT: This Note may be prepaid in p, one installment, any partial prepayment will no. Borrower and Lender. If this Note is prepaid DA prepayment penally of : I( in full on or before its maturity date 0 with ~ Jithout penalty. If this Note contains more than iact the due date or the amount of any SUbS8. t installment, unless agreed to, In writing, by in full, there will be 0 A minimum finance cnarge of $ LATE CHARGE: If a f"!l:ment unpaid late payment; U $ D less, as permitted by law. is received more than 10 days lats, Borrower will be charged a late charge of: 0 ; IKJ 5.00 % of the unpaid late payment or $50.00 No more than one late charge will be imposed on any single payment or portion of any payment. %01 the , whichever is [KJ greater SECURITY: To secure the payment and performance of obligations Incurred under this Note, Borrower grants Lender a security interest in aU of Borrower's right, title, and Interest in all monies, instruments, savings, checking, share and other accounts of Borrower~xcluding IRA, Keogh, trust accounts and other accounts subject to tax penalties if so assigned) that are now or in the future in lender's custody or controll!J If checked, the obligations under this Note are also secured by the collateral described in any security instrument(s) executed in connection with this Note, and any collateral described in any other security instrument(s) securing this Note or all of Borrower's obligations. CHECK PROCESSING FEE: If a check for payment is returned to lender for any reason (for example, because there are insufficient funds in Borrower's checking account), lender will assess a check processing fee of $ 35.00 which shall be added to the principal balance. RENEWAL: D If checked, this Note is a renewal, but not a satisfaction, of loan Number TERMS AND CONDITIONS 1. EVENTS OF DEFAULT. An Event of Default will occur under this Note in the event that Borrower, any guarantor or any other third party pledging collateral to secure this Note: (a) fails to make any payment on this Note or any other indebtedness to lender when due; (b) fails to perform any obligation or breaches any warranty or covenant to lender contained in this Note, any security instrument, or any other present or future written agreement regarding this or any other indebtedness of Borrower to lender; (c) provides or causes any false or misleading signature or representation to be provided to lender; (d) sells, conveys, or transfers rights In any collateral securing this Note without the written approval of lender; destroys, loses or damages such collateral In any material respect; or subjects such collateral to seizure, confiscation or condemnation; (e) has a garnishment, judgment, tax levy, attachment or lien entered or served against Borrower, any guarantor, or any third party pledging collateral to secure this Note or any of their property; (f) dies, becomes legally Incompetent, is dissolved or terminated, ceases to operate Its business, becomes insolvent, makes an assignment for the benefit of creditors, fails to pay debts as they become due, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding; (g) fails to provide Lender evidence of satisfactory financial condition; (h) has a majority of its outstanding voting securities sold, transferred or conveyed to any person or entity other than any person or entity that has the majority ownership as of the date of the execution of this Note; or (i). causes lender to deem Itself insecure due to a significant decline in the value of any real or personal property seouring payment of this Note, or Lender in good faith, believes the prospect of payment or performance is Impaired. 2. RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and payable in full, such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting to judicial process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral in any manner permitted by law; (e) to require Borrower to deliver and make available to lender any collateral at a place reasonably convenient to Borrower and lender; (f) to sell, lease or otherwise dispose ot any collateral and collect any deficiency balance with or without resorting to legal process; (g) to set.off Borrower's obligations against any amounts due to Borrower Including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (h) to exercise all other rights available to Lender under any other written agreement or applicable law. lender's rights are cumulative and may be exercised together, separately, and in any order. lender's remedies under this paragraph are in addition to those available at common law, including, but not limited to, the right of set-off. 3. DEMAND FEATURE, Q9 If checked, this Note contains a demand feature. lender's right to demand payment, at any time, and from time to time, shall be in lender's sole and absolute discretion, whether or not any default has occurred. 4, FINANCIAL INFORMATION. Borrower will at all times keep proper books of record and account in which full, true and correct entries shall be made in -M....~,..j.."...,...O 'A,ith nF'!nFln'lllv acceoted accounting principles and will deliver to lender, within ninety (90) days after the end of each fiscal year of Borrower, a . ,,- --, .._-~ ~......l.. ..+,,,tQl"nontQ tn Inr:lude (j) the balance sheet of Borrower as at the end of ([ ?W February 3, 2006 Agapao Flowers & Gifts, Inc, e. Michael Peters Lorrie C. Peters 275 Cumberland Pkwy #155 Mechanicsburg, PA 17055 RE: Loan # 109120964 Dear Mr. & Mrs. Peters, Your loan with Community Banks is in serious defuult as you have failed to pay the scheduled principal and interest payments of the loan as outlined below. As a result of this default, demand is hereby made for immediate payment in full of all principal, interest, and late charges and any fees associated with the following loan: Account: 109120964 Principal Accrued Interest (int. accrues @ $2.7777 per diem Late charges $10,000 313.45 125.00 Total amount due as of February 2, 2006 is $10,589.69. Demand is hereby made for IMMEDIATE payment in full of the amount outlined above. Failure to make this payment by March 2, 2006, could result in the Bank taking immediate action to preserve and protect its rights under the terms of the loan document. Please contact the undersigned at 646-3500 to make arrangements for the payment of all outstanding loan amounts. Sincerely, Barry Dilhnan Senior Vice President Credit Administration Dept. Cc: file Also sent via First Class Mail on 02/03/06 E X 'h', Ie", "r "e. 1) ..... . " . Cl r'I =r tr postage $ d r'I .=r tr Ul Cl O.Y Return Reclept Fae o (EndorS9ment Required) CJ Restrlcted DaUvery Fee rn ~ndorsem8nt Required) CJ ru Total postage & Fees certified Fee B>>mmunit~Banks P.O. Box 350 . Millersburg, PA 17061 Address Service Requested ~, /(y' <~i.\" .-' :.-t__ " ~~~~ ~'. -;" ... j ~'-",,, .' ,";;":: 7002 2030 ODDS 9410 1475 \ -.. jJ p. , ----';;./ ~~ 0-~c' Agapao Flowers & Gifts, Inc. 275 Cumberland Pkwy #155 IIIlM ~ Mechanicsburg. PA 17055 1st NIltice ~1 OA 0 INSUFFICIENT ADDRESS C DO ANTTEMPTED NDT KNOWN~THE~ OSUCH NUMBER/ STREET ~ . S [] NOT OELlVERABLE AS AOORESSED ' .. UNABLE TO FORWARD . . \0 ;~':" .." '. ',':: -":L. """,;;:"" · .IJUm~t~ln,I"lf4~1ll1lnll,j!11111111~IH;,IIMl";'i,;II'li. . "~, .. ":',.C:.... .'O'i', ,," I '- ' . I J , ~~~~:!~ks IIIIIIIII '11,111 Address Service Requested ~,~' !~~.~.,~Mlrl- ~ r1iDttijiLt-1 M , t IJ A.. ~.J._.::.l:S { :. ,,-,-,,-,~,.,= filii' ,~, /.,. "!:'- '-'~-~:3\ ~ ~~z~ ) ~~:;,~'-o !.. , :< ~/~ \ 7002 2030 ODDS 9410 1482 .......~ \JBV ~b~ (; , Lorrie C. Peters 275 Cumberland Pkwy #155"" ., Mechanicsburg, PA 17055 1M ftctke it] ". OA 0 INSUFFICIENT ADORESS ~ . C 0 ATTEMPTED NOT KNOWN DTHER~ o NO SUCH NUMBER/ STREET S 0 NOT DELlVERABL E AS ADORES SED - UNABLE TO FDRWARD - .. ,',.. . . . ,f.. .~~- . '" ., J.t~.~......_...j ..I",!l\IIIIllII"I\III"III\III'rll"lll:,h'~IIlIlllll"III,lll1 __ "r \ ;\ -1 ~,,:') r- ~, . \ ~ ,~: !~ .. qp ';Z "",i.J ~ ~. '~~~'tP~~ 'i ~ 1 g..ii:~~ ,-,. ~ (f ",,'O~~Q _.-,. ..:4\L-. ';.#-CCQ u.at=l~~t- " iS~ '3':.y.I, u:~5;:d~ O \0 \Ioo$':)c=.~ , \0 U ~U,U"'l-" 1 * 'tsS~~~ ~ '; 0000 ~G4.c.:><fJ e-o 0 ~ ~ t o.~~ _Q)I/l Ws"%g .u:;1~ ._0 ~ ~\C)~ ON~ '" CI CI CI CI {tl CI f\.l f\.l CI CI ..... \ -t ! 1S .... 0 ~ \ ~ ~ \ e> ~ ! ::> '" "% '" <f> '" g ~ ~ \ & 1~ 11 ! ~ '" " 7- '- 1 1- \1 \ ~ .? '" '" Ul -:s 3 ,~\ \\ I & ~ 0 "% i-', :;;...' 0: <( -. . c;nClCl ClECle eClOL .,;\ C(>. ,'-, \ \ iIi_.~~~,": ," . "i~ \:~<" ."..,,-!\ ~f. \~\,;" \','j II o , "..,.' .~ (:, ~ '-.,. ,.,,/ ~~ -:::- ~ =':, ..... :::.. .. =-- ----~ ~~' ~ ---=::. tr ~ ~~ ~~. :::::\ ~h :;:'\\ ... (" ..., " ~\: ,-' \ ~\ ~l -. ~.~ -::::::_\ ,'''-': ~' - -:a \ :'-:~\ , ~, .,~. -' -\ ~' -' .,~. :-:: ;\ ~, ~, -. ~\ -. _. ..;::..\ ~ t I . I ,-.' -lei.. ( ",' 'G ;:cJ (0 ~ __I \I:- 7l .() 1- lrl ~ -- '- ~ -.( ~ r ~ --l -.{) -- c> I) W' -c:: ( ~~ ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO: 610 --2Jt.5 C!,,:,,: [ v. : CONFESSION OF JUDGMENT AGAP AO FLOWERS & GIFTS, lNe. Defendant : PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, CommunityBanks. Papers may be served at the address set forth below. Geoffrey S. Shuff, Esquire McNees Wallace & Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg,PA 17108-1166 (717) 237-5439 Respectfully submitted, McNees Wallace & Nurick LLC Date: April 25, 2006 By: "' I '--... ;'J-) , "..>:...,/l). i/' . '." L. ,f? . , I Geoffrey S.Shuff, Esquire Sur{reme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO: 6f.. -:231---5 Ciu,t~~~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT AGAP AO FLOWERS & GIFTS, INC. Defendant : PREVIOUSLY ASSIGNED TO: N/ A AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant, Agapao Flowers & Gifts, Inc., in the above-captioned action is not presently on active or nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC Date: April 25, 2006 By: / ..1 .,.-.".~''1.11 / .., "_',C- ,.- ,//,.- / f 'j ,'_ ~~offrey g.Sh~ff, m;quire Supreme Court ID#24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO: ct,. -;;ULS C/()L~~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT AGAP AO FLOWERS & GIFTS, INC. Defendant : PREVIOUSLY ASSIGNED TO: N/ A CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, CommunityBanks, is 55 Wetzel Drive, Hanover, Pennsylvania 17331; and that the last known address of the Defendant, Agapao Flowers & Gifts, Inc., is 275 Cumberland Pkwy #155, Mechanicsburg, Pennsylvania 17055. Respectfully submitted, McNees Wallace & Nurick LLC , --j" .~ / i // / Date: April 25, 2006 By: "".,../ . GeQffrey)?-8huff,. Esquire Supreme CoufID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunilyBanks . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff DOCKET NO: Ole. - ';;<.3f..S GuL~~ v. CONFESSION OF JUDGMENT AGAP AO FLOWERS & GIFTS, INe. Defendant PREVIOUSLY ASSIGNED TO: N/A NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A. S 2737.1 (Act 105 of2000) To: AGAPAO FLOWERS & GIFTS, INC., Defendant Pursuant to 42 Pa. C.S. ~ 2737. I. please take notice that the Plaintiff in this matter has entered a judgment by confession against you in the amount of$ I 0,753.57. You are entitled to file a petition to "strike" or "open" the judgment. [n order to do so, you must promptly file a petition with the Court of Common Pleas of Cumberland County, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. You will file a petition by leaving it with the courts or Prothonotary at the courthouse in Carlisle, Cumberland County, Pennsylvania. A petition is a formal statement of your reasons for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above. The petition must state your reasons for challenging the judgment is a separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end of the document verifying that the facts you state in the petition are true and accurate. You will waive any defenses and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take steps to collect on the judgment by asking the Sheriff to seize your assets. You may have other rights available to you other than as set forth in this notice. 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, P A 17013 (717) 249-3166 or 1-800-990-9108 Corporations may be unable to represent themselves in court. If the defendants include a corporation, the corporation must appear through an attorney if it intends to challenge the judgment. You may recei ve other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you. We reiterate that you are required to act promptly if you wish to seek relief from the judgment. Under certain circumstances, you have only 30 days in which to file a petition after papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order to protect your interests. Failing to act in a timely manner will render you unable to challenge the judgment at a later time. Pursuant to 40 Pa. C.SA. Section 2737.1, if you have been incorrectly identified and had a confession or judgment entered against you, you are entitled to costs and reasonable attorney fees as determined by the court. Respectfully submitted, Date: April 25, 2006 McNees Wallacep jrj 7 By: ~ / ~ / fos:off'teys. Shuff, Esquire Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks " PennsylvQniD Rille of Civil Prncerlllre 29~9 _ Striking off .Tllrlgment (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.l(c)(2) or Rule 2973.I(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. ! .. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO: O~ -;),)W c;u {l/87-~ v. : CONFESSION OF JUDGMENT AGAP AO FLOWERS & GIFTS, INe. Defendant : PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: AGAP AO FLOWERS & GIFTS, INC. A judgment in the amount of $10,753.57, plus interest, other expenses, fees and costs has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. - Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, Date: April 25, 2006 McNees Wallace & Nurick LLC /'1tJ7 By: .. ...<I/;lY G~ffre1t?i;y(f, Esquire Supreme Court 1D #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO: 06-2365 CIVIL TERM v. : CONFESSION OF JUDGMENT AGAPAO FLOWERS & GIFTS, INe. Defendant : PREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, CommunityBanks, hereby files this Return of Service and swears and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No. 2958.l(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. Agapao Flowers & Gifts, Inc. 275 Cumberland Pkwy #155 Mechanicsburg, P A 17055 Respectfully submitted, McNees WaUace & Nurick LLC Date: May 5, 2006 By: . . . 1J,l.[I. mJo "'''1 ~14"1b-I.],S& TO: Agapao Flowers & Gifts, Inc. 275 Cumberland Pkwy #155 Mechanicsburg, PA 17055 SENDER: Geoffiey S. Shuff REFERENCE: Community Banks PS Fonn 3800 RETIJIIN Pesta RECEIPT .. . . SERVICE Certllled<Fee Retum ReceIpt Fee _Dellve Total Postoge & "- us Postal Service Receipt for I Certified Mall \-... No_~_ Do Nol Uoo lor Into....- Moll ...__._ .._.......................a.........._..__............_.... .-....____...................6...:;;:.:-.....;;....-.; t5:!:;l>- ",. r~l:;i" irl:!Jf t. ~it~ If !!O=~ . ~~t1l>1! M. ~ i i . i. I f I Cl " o ~ '-< ~ '" e t:ll () o 3 3 5 ~ td ~ ~ J.. J i' V .... COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO: 06-2365 CIVIL TERM v. : CONFESSION OF JUDGMENT AGAP AO FLOWERS & GIFTS, INC. Defendant : PREVIOUSLY ASSIGNED TO: NfA RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, CommunityBanks, hereby files this Return of Service and swears and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. Agapao Flowers & Gifts, Inc. 275 Cumberland Pkwy#155 Mechanicsburg, PA 17055 Respectfully submitted, McNees Wallace & Nurick LLC Date: May 5, 2006 By: . . ... 1J,I.O. ~ "J6II"I i!'I'" 1.1056 I. TO: Agapao Flowers & Gifts, Inc. 275 Cumberland Pkwy #155 Mechanicsburg, P A 17055 SENDER: Geoffrey S. Shllff REFERENCE: Community Banks Fom1 RElURN RECEIPT . SERVICE. ,r: ~'i:r;" Certltled'<Fee Rotum ReceIpt Fee Res\11Ol8d 0eIIv8 ToteI Paeloge " Feea I I US Foetal Servtce Receipt for l~~~ DoNolUoelDf_- .,.. .. '. .. .' ....... .___oI..;,:;..,..."..__.~n...~.-'..-"'...."--_.;'.'.'.~.~~";".r.~. ,( ~ f I ~ r J ~ q '" '" s ~ t:1l ("') G $:". \JlT 0;:. f.~ II rh;~\': --;~ s.:::C ~.fL) )>C~ ...,.. "'- ~--1 .-<; " " ~ = "" ::It ;:J:>o -<. I l.D ~ ~~ -0 :-0 ~-d 0- z~ o "" ~ ~ '!? N N t" ~ .. ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO: 06-2365 CIVIL TERM v. : CONFESSION OF JUDGMENT AGAPAO FLOWERS & GIFTS, INC. Defendant : PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a Writ of Execution upon a Judgment entered by confession in the above matter. (I) directed to the Sheriff of Cumberland County; (2) against Agapao Flowers & Gifts, Inc., 275 Cumberland Pkwy #155, Mechanicsburg, Pennsylvania 17055, Defendant; and See... ~:;:" I.&,.c ~~ (3) against N/A , Garnishee; (4) and index this writ (a) against N/A , Defendant; and (b) against N / A , Garnishee, as a lis pendens against real property of the Defendant in the name of Garnishee as follows: N/A (5) Principal Amount Due Interest at the default rate of interest provided in the Note after March 16,2006, plus attorneys fees and costs Costs $10,753.57 $( to be added) $( to be added) ~ . , , , I certify that ( a) (b) Date: June 12006 CERTIFICATION This praecipe is based upon a judgment entered by confession; and 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. Respectfully submitted, McNees Wallace & Nurick LLC By: G ffre . Sh ,Esquire e Co ID #24848 100 Pine Str et, PO Box 1166 Harrisburg, A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks [ ? +- ~ 't>!o- ~ ~:o V1 8 ~ C1 6 I () -J ,~ r '" p. +t- , CJ3-!.. -Yj (.:) ~\ ~ ....... rr-- ~ ~0 ~ l~ ~. t k\ ~ ~ .fQ.{Q. . --- "'- d ...... II) ...0 d g t~ ,. , (") ~ C) c~ ~ -n '-- S :::I _1_""11 rilp ......, r-r-> C I co , , ~~.. F ~ ::,~m (--:? ':;-~ CJ ~ OJ ........ -a . ~ A lilY McNees Wallace & Nurick LLC attorneys at law GEOFFREY S. SHUFF DIRECT DIAL: (717) 237-5439 E.MAIL ADDRESS: GSHUFF@MWN.COM June 6, 2006 Cumberland County Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 RE: CommunityBanks v. Agapao Flowers & Gifts, Inc. - Confession of Judgment No. 06-2365 Civil Term Dear Sheriff: Please serve the Writ of Execution upon the Defendant at the following address: Agapao Flowers & Gifts, Inc. 275 Cumberland Pkwy #155 Mechanicsburg, P A 17055 In addition to service of the Writ of Execution, please levy upon any and all of the company's inventory, machinery, equipment, fixtures and receivables, and all of the company's other business assets and property, located at the following address: 275 Cumberland Pkwy#155 Mechanicsburg, P A 17055 Please also provide our office with the company's list of accounts receivable. I have enclosed a check in the amount of $100.00 to cover the service fees. If you have any questions or problems, please call. Thank you for your assistance in this matter. Very truly yours, GSS/gmk Enclosures cc: Karen Little (w/o encs.) p.o. Box 1166.100 PINE STREET' HARRISBURG. PA 17108-1166' TEL: 717.232.8000' FAX: 717.237.5300' WWW.MWN.COM HAZLETON. PA' LANCASTER, PA' STATE COLLEGE, PA . COLUMBUS, OH . WASHINGTON, DC WRIT OF EXECUTION and/or ATTACHMENT .' .... COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2365 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMUNITYBANKS, Plaintiff (s) From AGAP AO FLOWERS & GIFTS, INC., 275CUMBERLAND PKWY #155, MECHANICSBURG, P A 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANY AND ALL OF THE COMPANY'S INVENTORY, MACHNIERY, EQUIPMENT, FIXTURES AND RECEIVABLES, AND ALL OF THE COMPANY'S OTHER BUSINESS ASSETS AND PROPERTY, LOCATED AT THE FOLLOWING ADDRESS: 275 CUMBERLAND PKWY #155, MECHANICSBURG, PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe 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 $10,753.57 L.L. $.50 Interest AT THE DEFAULT RATE OF INTEREST PROVIDED IN THE NOTE AFTER 3/16/06 Atty's Comm % Due Prothy $1.00 Atty Paid $37.00 Other Costs Plaintiff Paid Date: JUNE 8, 2006 R:ns . (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name GEOFFREY S. SHUFF, ESQUIRE Address: MCNEES WALLACE & NURlCK LLC 100 PINE STREET, PO BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-237-5439 Supreme Court ill No. 24848 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2365 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMUNITYBANKS, Plaintiff (s) From AGAP AO FLOWERS & GIFTS, INC., 275CUMBERLAND PKWY #155, MECHANICSBURG, P A 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANY AND ALL OF THE COMPANY'S INVENTORY, MACHNIERY, EQUIPMENT, FIXTURES AND RECEIVABLES, AND ALL OF THE COMPANY'S OTHER BUSINESS ASSETS AND PROPERTY, LOCATED AT THE FOLLOWING ADDRESS: 275 CUMBERLAND PKWY #155, MECHANICSBURG, P A 17055 . (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,753.57 L.L. $.50 Interest AT THE DEFAULT RATE OF INTEREST PROVIDED IN THE NOTE AFTER 3/16/06 Atty's Cornm % Atty Paid $37.00 Plaintiff Paid Date: JUNE 8, 2006 Due Prothy $1.00 Other Costs /I '.~1 p~' CURTIS R. LONG Prothonotary (Seal) B'" j. Deputy REQUESTING PARTY: Name GEOFFREY S. SHUFF, ESQUIRE Address: MCNEES WALLACE & NURICK LLC 100 PINE STREET, PO BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-237-5439 Supreme Court ID No. 24848 I i . .. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 215.08 .50 1.00 42.88 30.00 40.00 .78 (\ 348.24 ,/ '1J).lj/Oc, ~ (' ~ Pd by Defendant ~ ~ <' v' So Answers; ~/?...A1#' ~) ~v ~. ~ ~~ ~:'~i~' ,,' r!homa~ Kline, e .~. .. . ~CU1c{\ .~ J eJ, Claudia A. Brew ~ J . . :::, l.... l, Ctz~) (... '1'3l{70 J . ... .' , A TTY FOR PL TFF: Geoffrey Shuff WRIT NO. 2006-2365 Civil Community Banks -vs- Agapoa Flowers & Gifts, Inc. Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees DISTRIBUTION $ 10,753.57 485.97 $ 11,276.54 Sheriffs Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Postage Advertising Postpone Sale Bad Check Charge Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 37.00 $ 18.00 215.08 .50 1.00 42.88 .78 30.00 40.00 $ $ $ 11276.54 150.00 1.50 348.24 11624.78 150.00 11774.78 So Answers: ?"'~~-'<~~ R. Thomas Kline,' Sheriff B~nuJ1,- ~~ cJu{