HomeMy WebLinkAbout02-1688BALL SEED COMPANY
Pla'mtiff
V.
DAVIS GREENHOUSE, 1NC.
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. O&- I
: CIVIL DIVISION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE
FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT
IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU
BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
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
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
NOTICA
LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS
EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VEINTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE
LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR
ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN
CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDA
ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE
ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS
IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
BALL SEED COMPANY
Plaintiff
DAVIS GREENHOUSE, INC.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. C>:L --. o
: CIVIL DIVISION - LAW
:
COMPLAINT
The Plaintiff, BALL SEED COMPANY, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit
against the Defendant to recover the sum of THIRTY-SEVEN THOUSAND, SIX HUNDRED THIRTY DOLLARS AND TWENTY-
THREE CENTS ($37,630.23), along with interest thereon from September 30, 2001 upon a cause of action of which the following is a
statement:
1. The Plaintiff, BALL SEED COMPANY, is a corporation having an office and place of business at 622 Town Road, West
Chicago, IL 60185-2698.
2. The Defendant, DAVIS GREENHOUSE, INC., is a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, having its principal office and place of business at 103 Hammond Road, Shippensburg, PA 17257.
3. On the dates, in the amounts, and for the prices set forth in a tree and correct copy of the Plaintiffs books of original entry
hereto attached, made a part hereof and marked Exhibit "A", Defendants became liable on certain invoices as set forth on said Exhibit "A"
to the total amount of TWENTY-NINE THOUSAND, EIGHT HUNDRED EIGHTY-ONE DOLLARS AND TWENTY-ONE CENTS
($29, 881.21).
4. Copies of the individual invoices are too voluminous to attach to the complaint but are available for inspection and
copying at the office of Plaintiff's counsel.
F:\USER~,IK\COMP\WORK~28028.WPD:03 Apr02
5. Due to Defendant's default in paymem of said amount due and owing as aforesaid, finance charges have been added to
said account in the total amount of SEVEN THOUSAND, SEVEN HUNDRED FORTY-NINE DOLLARS AND TWO CENTS
($7,749.02), as shown on Exhibit "B" attached hereto and made a part hereof.
6. The total balance due and owing by Defendant to Plaintiff is the sum of THIRTY-SEVEN THOUSAND, SIX
HUNDRED THIRTY DOLLARS AND TWENTY-THREE CENTS ($37,630.23).
7. Plaintiff has frequently demanded payment fi'om Defendant of said amount due and owing as aforesaid, but Defendant
has refused and neglected and still refuses and neglects to pay said amount of any part thereofi
WHEREFORE, Plaintiffbrings this suit to recover from Defendant the sum of THIRTY-SEVEN THOUSAND, SIX HUNDRED
THIRTY DOLLARS AND TWENTY-THREE CENTS ($37,630.23), together with interest thereon from September 30, 2001.
Respectfully submitted,
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\RIK\COMP\WORKX28028.WPD:03Apr02 2
oo
~~IBIT A
Oo
I, ROBERT D. KODAK, state that I am not a party to the action but that, at the request of the Plaintiff, Ball
Seed Company, and based upon knowledge, information, records and documents supplied to me by the Plaintiff, the
averments set forth in Plaintiff's Complaint are true. A Verification executed by the Plaintiff can be supplied at time
of trial or upon request.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Robert D. Kodak
Dated:
F:\U SERLRIK\COMP\WORK\28028.WPD:03Apr02
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01688 P
COMMON-WEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BALL SEED COMPANY
VS
DAVIS GP~NHOUSE INC
CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DAVIS G~NHOUSE INC the
DEFENDANT , at 1551:00 HOURS,~on the llth day of April
at 107 HAMMOND ROAD
SHIPPENSBURG, PA 17257 by handing to
JANET DAVIS
a true and attested copy of COMPLAINT & NOTICE
, 2002
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this /9 ~ day of
~2~ ~2~ 2_/ a.D.
P'ro't honor ary
So Answers:
R. Thomas Kline
04K~/~2p/~K IMBLUM //~
By :~~
BALL SEED COMPANY
Plaintiff
DAVIS GREENHOUSE, 1NC.
Defeadant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-01688 CIVIL TERM
: CIVIL DMSION - LAW
:
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter jud~mnent in favor ofPlaintiffand again~ Defendant(s), DAVIS GREENHOUSE, INC., named
for failure to file within the required time an Answer to the Complaint in the above-captioned case
and assess the plaintiffs damages as follows:
Amount claimed in Plaintiffs Complaint $37,630.23
Interest fi:om September 30, 2001 at the legal rate of 6% per annum $ 1,458.16
Total $39,088.39
It is hereby certified that a written notice of intention to file this Pmecipe was mailed to the
Defendant(s) and his attorney ofreeord, at, er the default occurred and at least ten (10) days prior to
the date of the filing of this Pmecipe. See Exhibits A & B attached.
KNUPP, KODAK & IMBLUM, P.C.
Robert D. Kodak, Attorney for Plaintiff
DATED:
Judgment entered and damages assessed as above.
Prothonotary
Robert L. Knupp
Robert D. Kodak
Gary J. Imblum
Of Counsd
Mark A. Mateya
LAW OFFICES OF
KHUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Telephone: 717/238-7151
Facsimile: 717/238-7158
mail: kki.law~verizon.net
May 1, 2002
FILE COPY
Roberf E. Knupp
(1909-1976)
Robert H. Maurer
(1923-1998)
DAVIS GREENHOUSE IN¢
103 HAMMOND ROAD
SHIPPENSBURG PA 17257
RE:
VS:
Ball Seed Company
Davis Greenhouse, Inc.
No. 2002-01688 Civil Term, Court of Common Pleas
Cumberland County, Pennsylvania
Our File No. 28028
Greetings:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing
herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as
they are found Jn the Office of the Prothonotary of Cumberland County, you have not filed
responsive pleadings to the Complaint filed against you to the above term and number, nor
has any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you
do
not take action as set forth in this Notice, we, at the expiration of time indicated therein,
will request the G~.ce of the Prothonotary of Cumberland County, Pennsylvania, to enter
Judgment against you in the amount as set forth in said Complaint.
Very truly yours,
KNUPP, KODAK & IMBLUM, P.C.
RDK/kqb
enclosure
CC:
ALAN H FOX
STA INTERNATIONAL
P O BOX 66458
CHICAGO IL 60666-0458
Robert D. Kodak, Esq.
robert, kodakC~verizon.net
#728585/AHFP
FILE COPY
BALL SEED COMPANY
Plaintiff
DAVIS GREENHOUSE, INC.
Defendant
: IN THE COURT OF COMMON PLEAS
: CLrMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002.-01688 CIVIL TERM
: CIVIL DMSION o LAW
IMPORTANT NOTICE
TO: DAVIS GREENHOUSE, INC., Defendant(s)
DATE OF NOTICE: MAY 1, 2002
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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
T%VO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
BALL SEED COMPANY : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vo
DAVIS GREENHOUSE, INC.
Defendant
NO. 2002-01688 CIVIL TERM
: CIVIL DIVISION - LAW
To DAVIS GREENHOUSE, INC., Defendant(s)
You are hereby notified that on ~ ~' ~ ~
(Judgment) has been emered again~ you in the abo~e-captio--ned case.
Judgment entered in the mount of $39,088.39.
,2{~e following
I hereby certify that the name and address ofthe proper person(s) to receive this notice is:
DAVIS GREENHOUSE INC.
103/107 HAMMOND ROAD
SHIPPENSBURG PA 17257
Ad DAVIS GREENHOUSE INC.. Defendido/a Defendidos/as
Pot este medio se le esta notificando que el de del 20._,
eFla siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de
residencla:
DAVIS GREENHOUSE INC.
103/107 HAMMOND ROAD
SHIPPENSBURG PA 17257
Abogado del Demandante
~RAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
~ALL SEED COMPANY
IN THE COURT OF CO~ON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS
DAVIS GREENHOUSE, INC.
103/107 HAMMOND ROAD
SHIPPENSBURG PA 17257
and CostsTO BE DETERMINED$
Defendant (s)
Writ No.
No. 2002-01688 CIVIL TERM
Amount due
InterestFROM DATE OF JUDG.
Atty's Comm.
Term 20
Term 2002
$ 39r088.39
(05/23/02)
$..1~954.4I
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of C~EPJ~ County, Pennsylvania;
(2) against DAVIS GREENHOUSE, INC.
(3) and against
Defendant
Garnishee (~),
and index this writ
(a) against DAVIS GREENHOUSE, ~NC,
(b) against
Defendant(s) and
Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for
real estate levy)
LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFEND~oV~_LiSTED ADDRESS.
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Dated 08/12/02 Attorney For Plaintiff(s)
o
z
0
Z
H
Z
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO02-1688 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BALL SEED COMPANY Plaintiff (s)
From DAVIS GREENHOUSE, INC 103/107 HAMMOND ROAD, SHIPPENSBURG PA17257
(1) You are directed to levy upon the property of the defendant (s)and to seIl LEVY UPON ALL
PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT (S) AT ABOVE-LISTED
ADDRESS
(2) .
(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 attachraent has been issued; (b) the garmshee(s) is enjoined from
pa3ang 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 pr°perry 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 himJher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $ 39,088.39
Interest FROM DATE OF JUDG (5/23/02)
Atty's Corem $1,954.41
Atty Paid $110.35
Plaintiff Paid
Date: AUGUST 14, 2002
L.L.$0.50
Due Prothy $1.00
Other Costs
(Seal)
REQUESTING PARTY:
Name ROBERT D KODAK, ESQUIRE
Address: P O BOX 11848 HARRISBURG PA 17108
CURTIS R. LONG
Prothonotary
/ 2
Deputy
Attorney for: PLAINTIFF
Telephone: (717) 238-7159
Supreme Court ID No.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 2.2 7
Advertising 20.00
Law Library .50
Prothonotary 1.00
Mileage ~ § ~ ~ §~
Misc.
Surcharge 20.00 '
Levy 20.00'
Post Pone Sale 30.00
Garnishee
Advance Costs:
Sheriff's Costs:
150.00
12~.19
Refunded to Atty on 3 / 21 / 03
Sworn and Subscribed to before me
this. 5,~t,~day of
2003 A.D. Q~ ,,,,,./Q ')~l,c~,,~, ~
prot~r~otarf
So Answers;
R. Thomas Kline, Sheriff
By, ~'; ~ .-~i .,,~ -
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO02-1688 Civil
COUNTY OF CUMBERLAND)
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BALL SEED COMPANY Plaintiff (s)
From DAVIS GREENHOUSE, INC 103/107 HAMMOND ROAD, SHIPPENSBURG PA17257
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT (S) AT ABOVE-LISTED
ADDRESS
(2)
(2)
of
You are also directed to attach the property of the defendant(s) not levied upon in the possession
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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $ 39,088.39 L.L.$0.50
Interest FROM DATE OF JUDG (5/23/02)
Atty's Comm $1,954.41
Arty Paid $110.35
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: AUGUST 14, 2002
(Seal)
REQUESTING PARTY:
Name ROBERT D KODAK, ESQUIRE
Address: p O BOX 11848 HARRISBURG PA 17108
CURTIS R. LONG
Prothonotary
Deputy
Attorney for: PLAINTIFF
Telephone: (717) 238-7159
Supreme Court ID No.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 1.90
Advertising 10.00
Law Library .50
Prothonotary 1.00
Mileage 10.35
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale 15.00
Garnishee
TOTAL 96.75
Advance Costs: 150.00
Sheriff' s Costs; 96.7_5
53.25
Refunded to Atty on 4/24/03
Sworn and Subscribed to before me
this~ ? 2 day of ~
~rofhoriotary
So Answers;
R. Thomas Kline, Sheriff
By Claudia A. Brewbake_r
WliIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO02-1688 Civil
COUNTY OF CUMBERLAND)
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BALL SEED COMPANY Plaintiff (s)
From DAVIS GREENHOUSE, INC 103/107 HAMMOND ROAD, SHIPPENSBURG PA17257
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT (S) AT ABOVE-LISTED
ADDRESS
(2)
(2)
of
You are also directed to attach the property of the defendant(s) not levied upon in the possession
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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $ 39,088.39 L.L.$0.50
Interest FROM DATE OF JUDG (5/23/02)
Atty's Comm $1,954.41
Atty Paid $110.35
PlaintiffPaid
Due Prothy $1.00
Other Costs
Date: AUGUST 14, 2002
(Seal)
REQUESTING PARTY:
Name ROBERT D KODAK, ESQUIRE
Address: p O BOX 11848 HARRISBURG PA 17108
CURTIS R. LONG
Prothonotary
Deputy
Attorney for: PLAINTIFF
Telephone: (717) 238-7159
Supreme Court ID No.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 1.90
Advertising 10.00
Law Library .50
Prothonotary 1.00
Mileage 10.35
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale 15.00
Garnishee
TOTAL 96.75
Advance Costs: 150.00
Sheriff's Costs: 96.75.
53.25
Refunded to Atty on 4/24/03
Sworn and Subscribed to before me
this.2 ? ~ day of ~
~o0~ ^.~. CL~ ~ ~~, q~
p-rot~orlotary
So Answers;
R. Thomas Kline, Sheriff
_By Claudia A. Brewbaker