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Home My WebLink About06-5075Johnson, Duffie, Stewart & Weidner By: Edmund G. Myers I.D. No. 20558 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 egm@jdsw.com PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. COVE TRACTOR, INC., Defendant NOTICE CIVIL ACTION - LAW YOU HAVE BEEN SUED IN C URT. If you wish to defend against the claims 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 o by 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. 1 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 BOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO IRE 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. :land County Bar Association 2 South Bedford Street isle, Pennsylvania 17013 ephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0100 ? L 2006 AVISO USTED HA SIDO DEMANDADi presentan m&s adelante en las siguientes despues de la notificaci6n de esta Demanc comparecencia escrita y radicando en la presentadas aqui en contra suya. Se le anteriormente, el caso puede proceder si demanda o cualquier otra reclamaci6n o suya por la Corte sin mas aviso adicic importantes para usted. A EN CORTE. Si usted desea defenderse de las demandas que se ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias y Aviso radicando personalmente o por medio de un abogado una torte por escrito sus defensas de, y objecciones a, las demandas 3vierte de que si usted falla de tomar acci6n como se describe usted y un fallo por cualquier suma de dinero reclamada en la medic, solicitado por el demandante puede ser dictado en contra al. Usted puede perder dinero o propiedad u otros derechos USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, L LAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR OR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O AJO COSTO A PERSONAS QUE CUALIFICAN. and County Bar Association South Bedford Street le, Pennsylvania 17013 phone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Edmund G. Myers I.D. No. 20558 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 egm@jdsw.com PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. COVE TRACTOR, INC., Defendant COMPLAINT Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ols NO. 06' S CIVIL 2006 CIVIL ACTION - LAW AND NOW, comes the Plaintiff, PFB Members' Service Corporation, through its attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Complaint: 1. The Plaintiff is PFB Members' Service Corporation, a corporation organized under the laws of Pennsylvania, having its principal place of business at 510 South 3l t Street, Camp Hill, Pennsylvania 17001- 8736. 2. The Defendant is Cove Tractor, Inc., a corporation organized under the laws of Pennsylvania, having its place of business at 5253 Church View Road, New Enterprise, Bedford County, Pennsylvania 16664. 3. On June 28, 2001, Defendant submitted an Application for Credit for purchase of various farm supplies, services, equipment and accessories, on credit with Plaintiff, which application Plaintiff approved and accepted. A copy of the Application for Credit is attached hereto as Exhibit "A" and is made a part hereof. 4. Pursuant to Defendant's requests from time to time to Plaintiff, Plaintiff supplied to Defendant farm supplies, services, equipment and accessories, which supplies, services, equipment and accessories Defendant accepted and agreed to pay the prices therefor. 5. Upon shipment of the farm supplies, services, equipment and accessories requested by Defendant, Plaintiff rendered invoices to Defendant showing each transaction and the prices charged with payments to be made at Plaintiffs Camp Hill office. 6. The prices charged by Plaintiff to Defendant for such farm supplies, services, equipment and accessories were fair and reasonable and the market prices for same. 1. Breach of Credit Agreement 7. Paragraphs 1-6 are incorporated by reference herein as if the same are set forth in full. 8. Defendant has defaulted in the performance of its obligations under the Credit Agreement, in that it has failed to pay for the goods, supplies and services requested by Defendant and provided by Plaintiff. A summary of the unpaid invoices is attached hereto as Exhibit "B" and made a part hereof. 9. After credit to Defendant for the sums paid on account of said invoices, the amount justly due and owing to the Plaintiff from the Defendant, including the finance charges, is $56,099.46 plus the finance charge of 1.5 (%) percent per month from June 30, 2006, which as of the date of filing of this Complaint totaled $1,682.98. 10. Under the Credit Agreement, Defendant also agreed to pay all court expenses and attorneys' fees, including a minimum attorney fee of $500.00 should legal action be taken to collect the debt. 11. Despite Plaintiffs demands, Defendant has failed to pay the total amount due and owing to the Plaintiff. 12. Plaintiffs court expenses and attorneys' fees are estimated to be $5,000.00. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $62,782.44 plus the finance charge of 1.5 percent per month on the sum of $56,099.46 from August 1, 2006, plus costs. II. Unjust Enrichment 13. Paragraphs 1-12 are incorporated by reference herein as if the same are set forth in full. 14. Defendant requested and received delivery of farm equipment, supplies and services on credit from the Plaintiff. 15. Although Defendant still retains possession of Plaintiff's goods, full payment has not been made therefor. 16. Consequently, the Defendant is unjustly enriched in these goods. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $62,782.44 plus any other relief the Court deems appropriate. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By. Aw* ' t 4, Edmund G. Myers Attorney I.D. #20558 Elizabeth D. Snover Attorney I.D. #200997 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Attorneys for Plaintiff :280905 VERIFICATION I, R. Glen Renee, Manager, Safemark, a division of PFB Members' Service Corporation, verify that I am authorized to make the following statements and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. DATE: 4r,1?3? C200 (o R. Glen Renee ?, ?,?- ? E SAFEMARK ; s Division of P Members Service Corp. P. .O. . Box Box 549 Middletown, PA. 17057 P # 1-800-732-8473 or 717-944-1466 FAIL # 717-702-4273 / APPLICATION FOR CREDIT jot Application is hereby made for an open line of credit with SAFEMARB If this ?u application for credit is approved, we agree to meet your terms and conditions as follows: • NET 30 DAYS for payment of invoices. • If payment is not received by NET DUE DATE, a finance charge of 1.5% (equal to 18% annually) will be assessed for a period commencing on or after purchase date to the date payment is received. • All disputes regarding your account shall be litigated in Cumberland Co., PA. • Should court action be commenced on your account, you shall pay all ofAW court expenses and attorney fees, including a minimum attorney fee of $500.00. COMPANY NAME: I n. , .' rn. 2:; L p ADDRESS: S'd 5-3 PHONE #?/y ?6Z 2/4A FAX # ff/7& ee 61X O6Ir/OFFICER: Jo4w 7-,441 ?,T'` YEARS IN BUSINESS: ,a-- CONTACT: NATURE OF BUSINESS: / c . 4? -S l S CORPORATION: _' k PARTNERSHIP: _ SOLE PROP: _ BANK REFERENCE BANK ffl?C/.L?11(? Sdc?-ye-{ i?eJ ADDRESS: PHONE #,?,!j 71/& FAX # & ?)q 35q 7 CONTACT•/ScY,rrACCT. # / TRADE REFERENCES COMPANY ADDRESS 1. ONE 2. FAR ?/ y3 `Yza 1. 4 hate ?OTJ A Ha o 044 1 ACCT# 2Z& V iy t Al>073 2. r1Z&24 ZL"..?t.7-- A 1 /Y zf3 37e2$ ACCT# 2 kJ V- ?93- 330 06 ACCT# 3fs7b 2 S%S = 33-2- d ?wJ f B? /?c3 4. ACCT# .7/-°-/r'-28 SIGNATURE: DATE: x4j6,4 07/06/2006 11:18 7177024273 SAFEMARK COVE TRACTOR INC. 5253 CHURCHVIEW RD. NEW ENTERPRISE, PA. 18884 a3A%r1n1VjA1M A Members' Service of The Pennsylvania Farm Bureau PFB Members' Service Corporation Statement Date 06/3012006 SAFEMARK Division PO Box 549 Account +r 553 Middletown, PA 17057 Phone : (717) 944-1466 MAKE CHECKS PAYABLE TO: PFB Members' Service Corporation STA foul - - - - - - - - - - - - - - - - - - - - - - - Please Return Uppar Portion With P m....... 50451902 50452402 50465301 50465401 50482901 50518701 50708000 50691000 50719700 50673200 50762800 50451302 50451903 50452403 50465302 50465402 50482902 50834600 50896300 50904800 50887600 50465303 SAFEMAR,K A Members' Service of The Pennsylvania Farm Bureau 05/01/05 223.68 05/01/05 1079.64 05/01/05 2794.37 05/01/05 271.71 05/01/05 601.08 05/01/05 217.26 05/03/05 152.90 05/03/05 768.70 05/03/05 768.82 05/03/05 768.70 05/18/05 1622.62 06/01/05 1541.40 06/01/05 758.05 06/01/05 1079.66 06/01/05 2794.37 06/01/05 271.72 06/01/05 601.08 06/07/05 199.50 06/28/05 263.61 06/28/05 4681.31 06/28/05 104.24 07/01/05 2794.37 Page 1 PREVIOUS BALANCE CURRENT PAYMENTS PAST DUE CURRENT CHARGES PAGE 02 223.68 1079.64 2794.37 271.71 601.08 217.26 152.90 768.70 768.82 768.70 1622.62 1541.40 758.05 1079.65 2794.37 271.72 601.06 199.50 263.61 4681.31 104.24 2794,37 FINANCE CHARGES FUTURE DUE CURRENT AMOUNT DUE 'CURRENT AMOUNT DUE DOES NOT INCLUDE ANY CHARGES THAT ARE FUTURE DUE. 07!06/2006 11:10 7177024273 SAFEMARK PAGE 03 k3f1L Z1Vj1A11 i A Members' Service of The Pennsylvania Farm Bureau PFB Members' Service Corporation Statement Date 06/30/2006 SAFEMARK Division PO Box 549 Account # 553 Middletown, PA 17057 Phone : (717) 944.1466 MAKE CHECKS PAYABLE TO: PFB Members' Service Corporation COVE TRACTOR INC. 5253 CHURCHVIEW RD. NEW ENTERPRISE, PA. 18684 RETURN PAYMENT. 50482903 50591401 50593201 50946500 $0999700 50987100 51005600 50452601 50497901 50518801 50679301 50810101 50815901 50816701 51010800 50814201 50857401 50857501 50933001 50981501 60181300 9900055'3 Payment FinChg - - - - - - - - - - - - - Please Return Upper Portion With Payment - - - - - - - SAFEMARK A Members' Service of The Pennsylvania Farm Bureau ® 07 601.10 07/01/05 2250.00 07/01/05 1135.14 07/08/05 41.56 07/31/05 196.08 07/31/05 239.26 07/31/05 619.88 08/01/05 9931.00 08/01/05 2704.00 08/01/05 1945.25 08/01/05 1125.00 08/15/05 2775.22 08/15/05 1162.50 08/15/05 1344.00 08116105 268.00 09101105 450.22 09/01/05 393.40 09/01/05 780.00 09/01/95 990.61 10/01/0S 1850.78 10/31/05 18.00 05/29/06 3429.68 06109106 2500.00 06/30/06 .00 Page 2 PREVIOUS BALANCE $ 58599.46 PAST DUE F$ 55169.78 CURRENT CHARGES S .00 601.10 2250.00 1135.14 41.56 196.08 239.26 619.88 9931.00 2704.00 1945.25 1125.00 2775.22 1162.50 1344.00 268.00 450.22 393.40 780.00 980.61 1850.78 18.00 929.68 aa?raaaa¢:es 56099.46 CURRENT PAYMENTS FINANCE CHARGES FUTURE DUE CURRENT AMOUNT DUE S 2500.00 $ 929.68 $ .00 $ 56099.46 *CURRENT AMOUNT DUE DOES NOT INCLUDE ANY CHARGES THAT ARE FUTURE DUE. n ? N Cam. a N G? w ca --a 4J N Q ;rn Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5075 CIVIL CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT Johnson, Duffie, Stewart & Weidner By: Edmund G. Myers I.D. No. 20558 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 egm@jdsw.com PFB MEMBERS' SERVICE CORPORATION, V. Plaintiff COVE TRACTOR, INC., TO THE PROTHONOTARY: Please enter judgment by default in favor of the Plaintiff and in the amount of $ 59,989.43 against the Defendant, Cove Tractor, Inc., by reason of the failure of the Defendant to enter an appearance or file an Answer within twenty (20) days of the date of service of the Complaint endorsed with a Notice to Defend, and assess the Plaintiff's damages as follows: Principal Amount Contractual Finance Charge Reasonable Attorney's Fees as permitted by contract Total $ 56,099.46 $ 2,524.47 (1.5% per month from 06/30/06 to 09/30/06 on $56,099.46) $ 1,365.50 $ 59,989.43 I certify that written Notice of Intention to File this Praecipe was mailed to the Defendant Cove Tractor, Inc. at 5253 Church View Road New Enterprise, PA 16664 on October 5, 2006; said Notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Edmund G. Myers Attorney for Plaintiff Johnson, Duffle, Stewart & Weidner By: Edmund G. Myers I.D. No. 20558 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 egm@jdsw.com PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. COVE TRACTOR, INC., Defendant TO: Cove Tractor, Inc. 5253 Church View Road New Enterprise, PA 16664 Date of Notice: October 24, 2006 IMPORTANT NOTICE NO. 06-5075 CIVIL CIVIL ACTION - LAW 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 CLAIM 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 FOLLOWING OFFICE TO FILED OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By: Z44b Edmund G. yers Attorney for Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 283934 CERTIFICATE OF SERVICE AND NOW, this / 1-Lday of OL??? , 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Cove Tractor, Inc. 5253 Church View Road New Enterprise, PA 16664 JOHNSON, DUFFIE, STEWART & WEIDNER By: Edmund G. Myers Attorney for Plaintiff Johnson, Duffle, Stewart & Weidner By: Edmund G. Myers I.D. No. 20558 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 egm@jdsw.com PFB MEMBERS' SERVICE CORPORATION, : Plaintiff V. COVE TRACTOR, INC., Defendant CERTIFICATION OF ADDRESS TO THE PROTHONOTARY: NO. 06-5075 CIVIL CIVIL ACTION - LAW The address of the Plaintiff is 510 South 31st Street, Camp Hill, Pennsylvania 17001-8736, and the last known address of the Defendant is 5253 Church View Road, New Enterprise, Pennsylvania 16664. JOHNSON, DUFFIE, STEWART & WEIDNER By: & ?- Edmund G. Myers Attorney for Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 14- -S PFB MEMBERS' SERVICE CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-5075 CIVIL V. CIVIL ACTION - LAW COVE TRACTOR, INC., Defendant JUDGMENT AND NOW, this Clay of Cla[ . , 2006, judgment in the amount of $ 59,989.43, is entered in favor of the Plaintiff against the Defendant, Cove Tractor, Inc., as directed above. Protho 1 ' Y Johnson, Duffle, Stewart & Weidner By: Edmund G. Myers I.D. No. 20558 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 egm@jdsw.com PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. COVE TRACTOR, INC., Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5075 CIVIL CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT- Pa.R.C.P. 236 NOTICE NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. Prot nota y If you have any questions concerning the above, please contact: Edmund G. Myers, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 ` SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-05075 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PFB MEMBERS' SERVICE CORP VS COVE TRACTOR INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: COVE TRACTOR INC but was unable to locate Them deputized the sheriff of BEDFORD in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 19th , 2006 , this office was in receipt of the attached return from BEDFORD Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Bedford County 41.30 Sheriff of Cumberland County Postage 1.02 79 . 32 ? 09/19/2006 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribe to before me this day of A. D. j '1 In The Court of Common Pleas of Cumberland County, Pennsylvania PFB Members Service Corporation VS. Cove Tractor Inc No. 06-5075 civil Now, September 6, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Bedford deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service 20_LL, at Lj13 o'clock M. served the within up at by han a and made known to the contents thereof. So answers COMMONWEALTH OF PENNSYLVANIA Cf?a J. Kendd,Notary public Bedford Twp., Bedford County Sheriff of Q County, PA My Cornet iorp Expires July 12, 2009 Member, Pennsylvania Association of Notaries COSTS Sworn and subscribed before SERVICE $ me thisilday of, 20LAL MILEAGE AFFIDAVIT 4 SHERIFF'S RETURN - OUT OF COUNTY ya CASE NO: 2006-05075 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PFB MEMBERS' SERVICE CORP VS COVE TRACTOR INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT COVE TRACTOR INC but was unable to locate Them deputized the sheriff of BEDFORD serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 19th , 2006 , this office was in receipt of the attached return from BEDFORD Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Bedford County 41.30 Sheriff of Cumberland County Postage 1.02 79.327 v/.7r 09/19/2006 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribe to before me this day of to wit: in his bailiwick. He therefore A. D. I 'Y In The Court of Common Pleas of Cumberland County, Pennsylvania PFB Members Service Corporation vs. Cove Tractor Inc No. 06-5075 civil Now, September 6, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Bedford deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service Now, J j] JJ U j a , 20i3h, at +- '.) o'clock M. served the within upon at by handing to d a { 1 At copy of the original 44=dal /,Z? and made known to the contents thereof. So answers COMMONWEALTH OF PENNSYLVANIA Cynthia J. Kenall d,Notary pu. - BedfordTwp., Bedfo? nly Sheriff of LI County, PA My Omission Explre,$,?y 12, 2009 Member, Pennsylvania Association of Notaries COSTS Sworn and subscribed before SERVICE $ me this i3 i hday of_, 20L)_b MILEAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: : ? Confessed Judgment PFB MEMBERS' SERVICE CORPORATION, Other Plaintiff File No. 06-50755 CTVTT, v. Amount Due $59,989,.43 Interest $1,599.71 COVE TRACTOR, INC., Defendant Atty's Comm : Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Bedford County, for debt, interest and costs, upon the following described property of the defendant (s) all inventory, furniture, cash, equipment, and personal property located at the place(s) of business of the Defendant to in ludo 5253 Churchview Road, New Enterprise, PA 16664 PRAECIPE FOR ATTACE [MENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date !L -P 7 Signature: Print Name: Edmund G. Myers Address: 301 Market Street Lemoyne, PA 17043 Attorney for: Plaintiff Telephone: 717-761-4540 Supreme Court ID No: 20558 u 0 C? TI) a fi W r A . 1k WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5075 Civil CIVIL ACTION - LAW TO THE SHERIFF OF UDF'ORD COUNTY: To satisfy the debt, interest and costs due PFB MEMBERS' SERVICE CORPORATION Plaintiff (s) From COVE TRACTOR, INC., 5253 CHURCHVIEW ROAD, NEW ENTERPRISE, PA 16664 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL INVENTORY, FURNITURE, CASH, EQUIPMENT AND PERSONAL PROPERTY LOCATED AT THE PLACE(S) OF BUSINESS OF THE DEFENDANT TO INCLUDE 5253 CHURCHVIEW ROAD, NEW ENTERPRISE, PA 16664. (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) 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 $59,989.43 Interest $1,599.71 Atty's Comm % Atty Paid $170.32 Plaintiff Paid Date: 04-04-07 (Seal) L. L. $.50 Due Prothy $2.00 Other Costs Curtis ong, Pr otary By: Deputy REQUESTING PARTY: Name EDMUND G. MYERS, ESQUIRE Address: 301 MARKET STREET LEMOYNE, PA 17043 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 20558 Johnson, Duffle, Stewart & Weidner By: Edmund G. Myers I.D. No. 20558 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com PFB MEMBERS' SERVICE CORPORATION, Plaintiff V. COVE TRACTOR, INC., Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5075 CIVIL CIVIL ACTION - LAW PRAECIPE TO REISSUE WRIT OF EXECUTION AND ADD GARNISHEE TO THE PROTHONOTARY: Please reissue the Writ of Execution that was originally issued on April 4, 2007 in the above captioned action and add the following as a garnishee: Levy upon and attach all accounts held by Defendant Cove Tractor, Inc. at Omega Bank to include account number 0000399074. 411 Choreh Sf , Soxim. PA I IoU19 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: By: Elizabeth Snover Attorney er Plaintiff .sue ? -V- d :a N G r" D c.: cs? Johnson, Duffle, Stewart & Weidner By: Edmund G. Myers I.D. No. 20558 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com PFB MEMBERS' SERVICE CORPORATION, V. Plaintiff COVE TRACTOR, INC., Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5075 CIVIL CIVIL ACTION - LAW PRAECIPE TO REISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Please reissue the Writ of Execution in the above captioned action that was originally issued on April 4, 2007 and reissued on July 30, 2007. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: 07 By: c x'"61 ? Elizabeth 61. Snover Attorney for Plaintiff 317890 121-427 Q ii C C= C= ! ?. t M ? + l .5._.. vryT i ? 1 01/08/2008 15:47 FAX 717 761 3015 JUS&w WJ VVZ/V It) ORIGINAL Johnson, Duffie, Stewart & Weidner By: Elizabeth D. Snover I.D. No. 200997 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 PFg MEMBERS' CORPORATION, Plaintiff V. COVE TRACTOR, INC., Defendant OMEGA BANK Garnishee SERVICE NO. 06-5075 CIVIL CIVIL ACTION - LAW ANSWERS T0: INTERROGATORIES TO GARNISHEE TO: Omega Bank Attn: Carlene via fax 814-231-6185 You, Omega Bank, are required to file answers to each of the following Interrogatories within twenty (20) days after service upon you. You are required to sign the verification page following the Interrogatories. Failure to answer any of the Interrogatories or to sign the verification page shall result in judgment against you. The term "Defendants" shall rifer to the Defendants named In the caption. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS'Y'LVANIA 0110812008 15:47 FAX 717 781 3015 JOS&w IQuu?J/VIb 1. At the time you were served or at any subsequent time did you owe the Defendant, COVE TRACTOR, INC. hereinafter "DEFENDANT', any money, or were you liable to on any negoitable or other written instrument or did the Defendant claim that you owed Defendant any money or were liable to Defendant for any reason? No 01/08/2008 15:47 FAX 717 761 3015 JUM IQUU4/Olb 2. If at the time you were served or any subsequent time you owed the Defendant any money, state the amount of money owed to Defendant. No . Q1/UU/zuut$ 1fj:4f rnx (If f61 3UID JUbClw WJ w;.t ivio 3. If at the time you were served or at any subsequent time you were liable to the Defendant on any. negotiable or other written instrument, state the amount of your liability and attach a copy of the written instrument to your answers. No 01/08/2008 15:4( hAX f1f fb1 3015 JuJ6w tvj vv01V10 4. At the time you were served or any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons, any property of any nature owned In whole or in part by Defendant? Yes 01/08/2008 15:47 FAX 717 761 3015 JDHW !®uur/u Ib 5, If the answer to question 04 is yes, describe the property held by you and state the value of any such property. Checking # 399074 titled Cove Tractor Inc, balance $11,025.32 01/08/2008 15:47 FAX 717 781 3015 JOS&w toUVU/VIti 6. At the 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 or any other property in which the Defendant held or claimed any interest? No 01/08/2001i 1b:4( hAx M (6I du 10 JUJ&w W. VVQfV10 7. If the answer to question #6 is yes, describe the property so held or claimed, and state the value of such property. NA 01/08/2008 15:47 FAX 717 761 3015 JOM IOUIU/uiti 8. At the time you were served or any subsequent time did you hold as a fiduciary any property in which the Defendant had an interest? No 01/08/2008 15:47 FAH 717 761 3015 JOS&w ImoilIQlb 9. if the answer to question #6 is yes. describe the property and state the value thereof. NA U1/Ob/10Vb I5A ( hAX (lf fbl JU15 JuzIaw IQ:J V 14 / V 1 0 10. At any time before or after you were served did the Defendant transfer or deliver any property to you or any person or place pursuant to your direction or consent, and if so, what was the consideration therefore? No 01/08/2008 15:47 FAX 717 761 3015 JuJ;Nw C. V 14/V lb 11. At any time after you were served did you pay, transfer or deliver any money to the Defendant or place pursuant to Defendant's direction or otherwise discharge any claim of the Defendant against you? No 01/08/2008 15:48 FAX 717 761 3015 JOS&W Igo )4/U lb 12. At any time prior to the time you were served did you owe the Defendant any money or were you liable to Defendant on any negotiable or other written instrument or did the Defendant claim that you owed Defendant any money or were liable to Defendant for any reason? No 01/08/2008 15:48 FAX 717 761 3015 JOS&w 19U1t)/Ulb 13, if the answer to question #12 is yes, state the most recent time that you owed the Defendants any money or the most recent time that you were liable to Defendants on any negotiable or other written instrument or that the Defendants claimed that you owed Defendants any money or were liable to Defendants or any reason. NA JOHNSON, DUFFIE, STEWART It WEIDNER Date: January 8, 2008 By; Elizab D. Snover :320302 STATE OF PENNSYLVANIA ) ) SS: COUNTY OF CENTRE ) CARLEEN WATSON, being duly sworn according to law, deposes and says that she is the Deposit Service Supervisor of Omega Bank N.A., the foregoing corporation; that she makes this affidavit on its behalf being authorized to do so; and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information and belief. r Carleen Watson Sworn to and subscribed Before me this day _JQ O ar, E'4???k COMMONWEALTH OF PENNSYLVANIA NoWMI Seal Kara L WWK Notary Pubk 8Mq 0MP Born, CenUe County My COnttrMNbn Bow Fab. 9, 2011 Member, Ponnsylwnla Assoolitlon of Notaries ? na c_? c.e? i.? ' ' p n° ?? ?? yy ?48w ! ? ? t:,? , rr_~ S.F? } {ly? H?"? _ ? t ?..w w ? 4 ;' r{ ???? .p..«. • .' r.l.." .,? U Johnson, Duffle, Stewart & Weidner By: Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 egm@jdsw.com PFB MEMBERS' SERVICE CORPORATION, Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5075 CIVIL V. COVE TRACTOR, INC., Defendant CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark judgment in the above matter satisfied. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ti Elizabeth p. Snover Attorney r Plaintiff CERTIFICATE OFSERVICE AND NOW, this February 7, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Cove Tractor, Inc. 5253 Church View Road New Enterprise, PA 16664 JOHNSON, DUFFIE, STEWART & WEIDNER BY: ?-- Elizabeth . Snover Attorney for Plaintiff r ??y C:=? 5 ` sU Cl3 ' co 7 -: ; ,r a w- SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-05075 R COMMONWEALTH OF PENNSLYVANIA COUNTY OF Bedford PFB MEMBERS SERVICE CORP VS COVE TRACTOR INC 0 RG20J JJOHAnd now L BERKEY , Deputy Sheriff of Bedford County, who being duly sworn according to law, at 0957:00 Hours, on the 7th day of January 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT COVE TRACTOR INC hands, possession, or control of the within named Garnishee OMEGA BANK 911 CHURCH STREET in the SAXTON, PA 16678 Bedford County, Pennsylvania, by handing to AMANDA L HOFFMAN, #361, CUSTOMER SERVICE REP. personally 2 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 Surcharge .00 L BERKEY .00 ^ . 00 ? 2pd P 00j00/0000 by Deputy Sheriff Sworn and subscribed to before me this day of A.D. Notary CASE NO: 2006-05075 R COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Bedford PFB MEMBERS SERVICE CORP VS COVE TRACTOR INC RECEIVED UP I I JAN 2 8 T008 y JOHNSON, DUF IE D SCHILLING , Deputy Sheriff of Bedford County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF EXECUTION was served upon COVE TRACTOR INC the DEFENDANT , at 1215:00 Hour, on the 2nd day of January , 2008 at 5253 CHURCHVIEW ROAD NEW ENTERPRISE, PA 16664 by handing to JOHN HILEMAN a true and attested copy of WRIT OF EXECUTION together with and at the same time directing His attention to the contents thereof. SHERIFF'S RETURN - REGULAR Sheriff's Costs: Docketing Service Affidavit Surcharge 11/0 7/4 t V41 .00 .00 .00 .00 .00* Paid on 00/00/0000... By Sworn and Subscribed to before me this day of A.D. So answers; D SCHILLING By: Sheriff of Bedford County Notary ?? s. . ? ?? ?' 3 ?.