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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS, DOCKET NO: t;j -7 p ?? v L
Plaintiff
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
CONFESSION OF JUDGMENT
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 $ 16,153.73
b. Interest to December 20, 2006 $ 915.94
C. Late Charges $ 450.00
d. Satisfaction Fees $ 40.00
e. Attorneys' Fees to December 22, 2006 $ 3,092.50
TOTAL $ 20,652.17 plus additional interest at
the default rate of
interest provide in the
Note after December 20,
2006, plus additional
attorneys fees and costs.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: December, 2006 By
uff, E ire
Supreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
r
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS, DOCKET NO: p' j? '
Plaintiff l?(V LV.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1 • 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.,
145 S. Locust Street, Shiremanstown, Pennsylvania 17011.
3. On February 10, 2005, Defendant executed and delivered to Plaintiff a Commercial
Fixed Rate Promissory Note in the original principal amount of $20,00.00 ("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 as a result of Defendants' default the entire amount outstanding under the
Note is due and payable in full.
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.
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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 $ 16,153.73
b. Interest to December 20, 2006 $ 915.94
C. Late Charges $ 450.00
d. Satisfaction Fees $ 40.00
e. Attorneys' Fees to December 22, 2006 $ 3,092.50
TOTAL $ 20,652.17
9. Interest is payable by the Defendant at the default rate of interest provided in the
Note after December 20, 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 $20,652.17, plus interest at the default rate of interest
provided in the Note after December 20, 2006, through the date of payment, including on and after
the date of entry of judgment on this Complaint, and for costs of suit and other expenses, fees,
charges and costs to which the Plaintiff may be entitled.
Respectfully submitted,
McNees Wallace & Nurick
Date: December,, 2006 By:
-Supreme Co #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
COMMUNITYBANKS, DOCKET NO:
Plaintiff
V. CONFESSION OF JUDGMENT
AGAPAO FLOWERS & GIFTS, INC. ;
Defendant PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, Barry C. Dillman, hereby verify that the statements made in the foregoing Complaint are
true and correct to the best of my information, knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: DecemberA 2006 COMMUNITYBANKS
By:
Barry . Dillm
Senior Vice esident
Credit Administration
_. .........._.._
;., ao Flowers & Gifts, Inc.
CommunilyBanks
~ommurdty Banks
.5 North 3rd Street
PA 17101
717) 213- 80 "LENDER"
275 Cumberland
#155
COMMERCIAL
FIXED RATE
PROMISSORY
NOTE
7.000 %1 $20,000.00 1 02/10/051 02/10/101 109114201
Renovations to flower shop l
'ROMISE TO PAY. For value received, Borrower promises to pay to the order of Lender the principal amount of Twenty Thousand and
no/100 Dollars ($ 20,000.00 ) plus
iterest on the unpaid principal balance at the rate and In the manner described below, until all amounts owing under this Note are paid in full. All amounts
eceived by Lender shall be applied first to accrued, unpaid Interest, then to unpaid principal, and then to any late charges and expenses, or in any other order
is determined by Lender, in Lender's sole discretion, as permitted by law.
4TEREST RATE: Interest shall be computed on the basis of the actual number of days over 360 days per year. Interest
n this Note shall be calculated and payable at the fixed rate of 7.000 %per annum.
)EFAULT 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 plus two percent (2%)
it the maximum interest rate Lender is permitted to charge by law, whichever Is less.
'AYMENT SCHEDULE: Borrower shall pay the principal and interest according to the following schedule:
59 payments of $396.86 beginning March 10, 2005 and continuing at monthly time intervals
thereafter. A final payment of the unpaid principal balance plus accrued interest is due and
payable on February 10, 2010.
PREPAYMENT: This Note may be prepaid in part or in full on or before its maturity date with ® without penalty. If this Note contains more than
one installment, any partial prepayment will not affect the due date or the amount of any subsequent installment, unless agreed to, in writing, by
Borrower and Lender. If this Note is prepaid in full, there will be ? A minimum finance charge of $
A prepayment penalty of :
LATE CHARGE: If a payment is received more than 10 days late, Borrower will be charged a late charge of F-1 % of the
un late payment; $ ; ® 5.00 % of the unpaid late payment or $50.00 whichever is ® greater
less, as permitted by law. No more than one late charge will be imposed on any single payment or portion of any payment.
SECURITY: To secure the payment and performance of obligations incurred under this Note, Borrower grants Lender a security interest in all of Borrower':
right, title, and interest in all monies, Instruments, savings, checking, share and other accounts of Borrower (excluding IRA, Keogh, trust accounts and othe
accounts subject to tax penalties If so assigned) that are now or in the future in Lender's custody or control. ® If checked, the obligations under this Note ar,
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 Borrowers obligations.
CHECK PROCESSING FEE: If a check for payment is returned to Lander for any reason (for example, because there are insufficient funds in Borrower:
checking account), Lander will assess a check processing fee of $ 35.00 which shall be added to the principal balance.
RENEWAL. U If checked, this Note is a renewal, but not a satisfaction, of Loan Number
.. r.. ¦.....v. n&-^ar aacr-vnc cnar9111a2 - r uu Ar7G WO I VINO IMrUK I AN I "lutl 15
IF CHECKED, AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN EVIDENCE=D BY THIS NOTE, BORROWERIRREVOCABLYAUTHORVESAND EMPOWER
ATTORNEY OR THE PROTHONOTARYOR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AS ATTORNEY FO
BORROWER'N ANY ACTION BROUGHTBY LENDER AFTER BORROWER'SDEFAULT UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND TO CONFESS JUDGMEN-
AGAINSTBORROWERFORALL SUMS DUE UNDERTHIS NOTEORANY OTHERLOAN DOCUMENT, AND FORALLACCRUED INTEREST ON THOSEAMOUNTS, COST OF SUIT
AND ATTORNEY FEES, TOGETHER WITH INTEREST ON ANY JUDGMENT, AT THE RATE OF INTEREST SPECIFIED IN THE NOTE AFTER DEFAULT, FROM THE ENTRY O
SUCH JUDGMENT UNTIL THE FULL AMOUNT DUE LENDER IS ACTUALLY RECEIVED. THIS NOTE, OR A COPY VERIFIED BY AFFIDAVIT, WILL BE A SUFFICIENT WARRAN
THE AUTHORITYGRANTED HEREIN MAY BE EXERCISED AS NEEDED FROMTIME TO TIME, AS OFTEN AS NECESSARY, UNTIL RECEIPT OF PAYMENT IN FULL OF ALL SUM
DUE LENDER.
BORROWERKNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSEL, UNCONDITIONALLY WAIVES ANY AND ALL RIGHT
TO DUE PROCESS BORROWERHAS OR MAY HAVE UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND OF THE COMMONWEALTH OF PENNSYLVANI,
EXCEPT THE RIGHT TO ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF ANY CONFESSED JUDGMEN"
BORROWERFURTHER UNDERSTANDS THAT UPON BORROWER'SDEFAULT AND CONFESSION OF JUDGMENT, THIS WAIVER ALLOWS LENDER TO IMMEDIATELY EXECUT
UPON AND SEIZE AND SELL ANY OF BORROWER'S PROPERTY WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR HEARING, EXCEPT ANY NOTICE AND/OR HEARIN
REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF THE CONFESSED JUDGMENT, IN ORDER TO SATISFY OR SECURE ALL SUMS DUE.
THE SPERSONS SIGNING BELOW C KNOWLEDGETHATTHEY HAVE READ, UNDERSTANDAND AGREETO THE TERMS AND NS OF HIS NOT
INCLUDING THE PROVISIONS ON THE REVERSE SIDE, AND FURTHER ACKNOWLEDGE RECEIPT OF AN EXACT COPY OF THIS NOTE.
IN WITNESSWHEREOF,the undersigned hasthave caused this Instrument to be executed asasealed Instrument this 10th day of _February, 2005
BORROWER: Agapao Flowe utj Gifts, Inc. BORROWER: Agapao Flo S & Gif S, I
B (Seal) B (Seal;
- <!? oaew
Lorr a Peters E. Mic a Peters
BORROWER: BORROWER:
(Seal)
(Seal
BORROWER: BORROWER:
(Seal) (Seal
BORROWER: BORROWER:
(S? (Sea
LPPA2o1 0 Harland FWw*W 8olWom. Inc. (4/1/04) (W) 837.3789
1
TERMS AND CONDMONS
1. EVENTS OF DEFAULT. An Event of Defauk will occur under this Note in the event that Borrower, ai, j 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 gamishment, 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 data 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 securing 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 of 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. ? 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 accordance with generally accepted accounting principles and will deliver to Lender, within ninety (90) days after the and of each fiscal year of
Borrower, a copy of the annual financial statements of Borrower relating to such fiscal year, such statements to include (1) the balance sheet of
Borrower as at the end of such fiscal year and (10 the related income statement, statement of retained earnings and statement of cash flow of Borrower
for such fiscal year, prepared by such certified public accountants as may be reasonably satisfactory to Lender. Borrower also agrees to deliver to
Lender within fifteen (15) days after filing same, a copy of Borrower's income tax returns and also, from time to time, such other financial information
with respect to Borrower as Lender may request.
5. MODIFICATION AND WAIVER. The modification or waiver of any of Borrower's obligations or Lender's rights under this Note must be contained in
a writing signed by Lender. Lender may perform any of Borrower's obligations or delay or fail to exercise any of Its rights without causing a waiver of
those obligations or rights. A waiver on one occasion will not constitute a waiver on any other occasion. Borrower's obligations under this Note shall
not be affected if Lender amends, compromises, exchanges, falls to exercise, impairs or releases any of the obligations belonging to any co-borrower
or guarantor or any of its rights against any co-borrower, guarantor, the collateral or any other property securing the obligations. Lender may accept
and apply checks and other instruments marked 'Paid in Full' or with a similar phrase describing a payment as full satisfaction of the obligations
incurred under this Note, without being bound by that language and without waiving any rights to payment of all amounts owing under this Note.
6. SEVERABILITY. If any provision of this Note is invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions
shall not in any way be affected or impaired thereby.
7. ASSIGNMENT. Borrower agrees not to assign any of Borrowers rights, remedies or obligations described in this Note without the prior written
consent of Lender, which consent may be withheld by Lender in its sole discretion. Borrower agrees that Lender is entitled to assign some or all of its
rights and remedies described in this Note without notice to or the prior consent of Borrower.
6. NOTICE. Any notice or other communication to be provided to Borrower or Lender under this Note shall be in writing and sent to the parties at the
addresses described in this Note or such other address as the parties may designate in writing from time to time.
9. APPLICABLE LAW. Interest, including rates, fees and charges which compensate Lender for the extension of credit to Borrower under this Note or
for making the line of credit available to Borrower, or which compensate Lender for any default or breach by Borrower of the terms and conditions of
this Note, shall be governed by federal law and the laws of the state of Peaasylvania . All other terms and conditions
of this Note shall be governed by the laws of the state of Pe=sylvania , unless otherwise preempted by federal law.
Unless applicable law provides otherwise, Borrower consents to the jurisdiction and venue of any court located in Pe=sylvania
selected by Lender, in Its discretion, in the event of a legal proceeding under this Note.
10. COLLECTION COSTS. To the extent permitted by law, Borrower agrees to pay Lenders reasonable fees and costs, Including, but not limited to,
fees and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is
an employee of Lender, which are incurred by Lender in collecting any, amount due or enforcing any right or remedy under this Note, whether or not
suit is brought, including, but not limited to, all fees and costs incurred on appeal, in bankruptcy, and for post-judgment collection actions.
11. MISCELLANEOUS. This Note Is being executed primarily for commercial, agricultural, or business purposes. Borrower and Lender agree that
time is of the essence. Borrower agrees to make all payments to Lender at any address designated by Lender and In lawtul United States currency.
Borrower and any person who endorses this Note waives presentment, demand for payment, notice of dishonor and protest and further waives any
right to require Lender to proceed against anyone else before proceeding against Borrower or said person. All references to Borrower in this Note shall
include all of the parties signing this Note, and this Note shall be binding upon the heirs, successors and assigns of Borrower and Lender. If there is
more than one Borrower their obligations under this Note shall be joint and several. Information concerning this Note may be reported to credit
reporting agencies and will be made available when requested by proper legal process. This Note represents the complete and integrated
understanding between Borrower and Lender regarding the terms hereof.
12 JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT
OF, OR BASED UPON, THIS NOTE OR THE COLLATERAL SECURING THIS NOTE.
13. ADDITIONAL TERMS:
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COUNTY, PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND ACTION
CIVIL
COMMUNITYBANKS,
Plaintiff
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
: DOCKET NO 07 -- /O
CONFESSION OF JUDGMENT
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,
Date: December1$, 2006
McNees Wallace & Nurick LLC
By:
S ff, Esquire
eme C ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
f? C7:D
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS,
Plaintiff
DOCKET NO: 6 7 - I D
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
CERTIFICATE OF ADDRESSES
(2 1*U ; Ll-?sll
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 145 S. Locust Street, Shiremanstown, Pennsylvania 17011.
Date: December25, 2006
Respectfully submitted,
McNees Wallace & Nurick LLC
By: "
Kroffrey . Shuff, Esquire
8
Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS, DOCKET NO: Q -7 f (71-
Plaintiff
V.
CONFESSION OF JUDGMENT
AGAPAO FLOWERS & GIFTS, INC.
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
Date: December M, 2006 By:
Respectfully submitted,
McNees Wallace & Nurick LLC
G? 8Iiu ,Esquire
Supreme Co ID #24848
100 Pine Str et, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS, : DOCKET NO: 07 - t5 (210 Plaintiff
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION
REQUIRED BY 42 Pa. C.S.A. § 2737.1 (Act 105 of 2000)
To: AGAPAO FLOWERS & GIFTS, INC., Defendant
Pursuant to 42 Pa. C.S. § 2737.1. please take notice that the Plaintiff in this matter has
entered a judgment by confession against you in the amount of $20,652.17.
You are entitled to file a petition to "strike" or "open" the judgment. In 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
P IN,
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, PA 17013
(717) 249-3166 or 1-800-990-9108
fees as determined by the court.
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 receive 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.S.A. 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
Date: Decembers, 2006
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
g . S ff, Esquire
Supreme C rt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
4P - N'
(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 2956.1(c)(2) or Rule
2973.1(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.
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS,
Plaintiff
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
:DOCKET NO: 6 7 -1 D
: CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: AGAPAO FLOWERS & GIFTS, INC.
A judgment in the amount of $20,652.17, 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 PETITION
WITHIN THIRTY (30) DAYS AF
AND PRESENT IT TO A JUDGE TER THE DATE ON
WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER
THE OFFICE SET FORTH YOU D NOT
THIS
HAVE A LAWYER, GO TO OR TELEPHONE
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORDTO HIRE A LAR, THIS ABOUT AGENCIES OFFICE
THAT MAYYOFFERB LEGAL
PROVIDE YOU WITH INFORMATION
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,
McNees Wallace & Nurick LLC
Date: December;A 2006 By:
uff, uire
Supreme Court I D'#24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
t
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS DOCKET NO: lr ! v? Lam.
7
Plaintiff
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
To: Agapao Flowers & Gifts, Inc., Defendant
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
You are hereby notified that on J'9?? , 2007, judgment by confession was
entered against you in the sum of $20,652.17, in the above-captioned case. 7)
_.,L. -
DATE: //2/67
Prothonotary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NE, NOT HAVE A LAWYER O TO FIND OUTFWHEREOYOU CAN GETOLEGAL HE ONE THE
OFFICE SET FORTH BELOW
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.
145 S. Locust Street
Shiremanstown, PA 17011
Att ey fo in iff
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 $20,652.17 del caso antes escrito.
Fecha: el dia de de 2006
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA A LLAME POR TELEFO DONDE SE PUEDE CON BGUIR
ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Por este medio certifico que to
certificado de residencia:
Agapao Flowers & Gifts, Inc.
145 S. Locust Street
Shiremanstown, PA 17011
siguiente es la direccion del demandado dicho en el
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS, DOCKET NO: 07-10 CIVIL TERM
Plaintiff
V. CONFESSION OF JUDGMENT
AGAPAO FLOWERS & GIFTS, INC.
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. 2958.1(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.
145 S. Locust Street
Shiremanstown, PA 17011
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January/4' 2007 By:
Qceffl?69 S. S ff, Esquire
Supreme C)krt ID #24848
100 Pine, treet, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
If .
j 2. Ardde Number
77A60 3401 `16441 5142 2412
3. Servies Type CERTIFIED MAIL
4. Restricted Delivery? (Extra Fee) Ayes
1. Article Addressed to:
Agapao Flowers & Gifts, Inc
145 S. Locust Street
Shiremanstown, PA 17011
at
X a? M.
Q Is ddvmy address different from esm 19 ?'"
U YES enter &0j" address below: ? No
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Community Banks
Geoffrey S. Shuff
PS Form' 3811, January 2005 Domestic Retum Receipt
7160 3901 9649 5142 2412 a
Agapao Flowers & Gifts, Inc.
?' 145 S. Locust Street
Shiremanstown, PA 17011
SENDER: Geoffrey S. Shuff
REFERENCE: Community Banks
s RETURN Postage
E RECEIPT Certified Fee
SERVICE Return Receipt Fee
E Restricted Dett 2r
E
Total Postage & Fees
E us POSW sera* poi
i Receipt for
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Certified Mail
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Do Not use for bNerneiloael Md
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS,
Plaintiff
V.
AGAPAO FLOWERS & GIFTS, INC.
Defendant
DOCKET NO: 07-10 CIVIL TERM
CONFESSION OF JUDGMENT
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.
(1) directed to the Sheriff of Cumberland County;
(2) against Agapao Flowers & Gifts, Inc., 145 S. Locust Street, Shiremanstown,
Pennsylvania 17011, Defendant; and
(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 $20,652.17
Interest at the default rate of interest
provided in the Note after December 20, 2006,
plus attorneys fees and costs $(to be added)
Costs $(to be added)
f '`? y
CERTIFICATION
I certify that (a) This praecipe is based upon a judgment entered by confession; and
(b) 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
Date: May 1 2007 By:
G af?ey"S. S ff, Esquire
Supreme C p(urt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff, CommunityBanks
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-10 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMUNITY BANKS Plaintiff (s)
From AGAPAO FLOWERS & GIFTS, INC., 145 S. LOCUST STREET, SHIREMANSTOWN,
PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell 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: AGAPAO FLOWERS &
GIFTS, INC., 900 MARKET STREET, LEMOYNE, PA 17043 (West Shore Farmers Market)
& FLOWERS ON LOCUST 145 S. LOCUST STREET, SHIREMANSTOWN, PA 17011.
(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 $20, 652.17
L.L. $.50
Interest at the default rate of interest provided in the Note after 12-20-06
Atty's Comm %
Atty Paid $46.00
Plaintiff Paid
Date: 05-14-07
Due Prothy $2.00
Other Costs
C R. Long o t
(Seal)
By:
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
R. Thomas Kline, Sheriff, who being duly sworn according to law, states23
this writ is returned STAYED, DUE TO BANKRUPTCY.
Sheriff's Costs: Advance Costs: 150.00
Sheriffs Costs: 147.19
Docketing $ 18.00 2.81
Poundage 2.89
Advertising 10.00
Law Library .50
Prothonotary 2.00 Refunded to Atty on 08/17/07
Mileage 28.80
Surcharge 30.00
Levy 40.00
Post Pone Sale 15.00
Garnishee
Postage " 213g69
TOTAL $ 147.19 So Answers;
R. Aho Kline then
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/1 76
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-10 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMUNITY BANKS Plaintiff (s)
From AGAPAO FLOWERS & GIFTS, INC., 145 S. LOCUST STREET, SHIREMANSTOWN,
PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell 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: AGAPAO FLOWERS &
GIFTS, INC., 900 MARKET STREET, LEMOYNE, PA 17043 (West Shore Farmers Market)
& FLOWERS ON LOCUST 145 S. LOCUST STREET, SHIREMANSTOWN, PA 17011.
(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 $20, 652.17
L.L. $.50
Interest at the default rate of interest provided in the Note after 12-20-06
Atty's Comm % Due Prothy $2.00
Atty Paid $46.00
Plaintiff Paid
Date: 05-14-07
(Seal)
REQUESTING PARTY:
Other Costs
246w?
C Ws R. Lon
By:
Deputy
Name GEOFFREY S. SNUFF, ESQUIRE
Address: MCNEES WALLACE & NURICK LLC
100 PINE STREET
PO BOX 1166
HARRISBURG, PA 17108-1166