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HomeMy WebLinkAbout01-5565FRANK A. SERIO & SONS, 1NC. Trading As BAKEMARK Plaimiff SCHENK'S PASTRY SHOPPE, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 AGAIN ST 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 FRANK A. SERIO & SONS, INC. Trading As BAKEMARK Plaintiff SCHENK'S PASTRY SHOPPE, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL DIVISION - LAW COMPLAINT The Plaintiff, FRANK A. SERIO & SONS, 1NC. Trading As BAKEMARK, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of SIXTY-FIVE THOUSAND, TWO HUNDRED ONE DOLLARS AND THIRTY-SEVEN CENTS ($65,201.37), along with cost of this suit and interest thereon from May 18, 2001 upon a cause of action of which the following is a statement: 1. The Plaintiff, FRANK A. SERIO & SONS, INC. Trading As BAKEMARK, is a corporation organized and existing under the laws of the State of Maryland, having its principal office and place of business at 8441 Dorsey Run Road, Jessup, Maryland 20794-0247. 2. The Defendant, SCHENK'S PASTRY SHOPPE, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 5303 Trindle Road, Mechanicsburg Cumberland County, Pennsylvania 17055. 3. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiffs Statement of Account and Invoices hereto attached, marked as Exhibit "A" and made a part hereof, Plaintiff, at the special instance and request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of SIXTY-FIVE THOUSAND, TWO HUNDRED ONE DOLLARS AND THIRTY-SEVEN CENTS ($65,201.37). F:\USER\KATHY~CMPLAINT\27458SCH.ENK:24Sep01 4. Due to the voluminous nature of Plaintiffs Invoices, said Invoices are not attached hereto as an Exhibit, but are available for Defendant's review and copying at Plaintiff's attorney's office. 5. The prices charged for said goods, wares and memhandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay Plaintiff therefor. 6. The balance due and owing by Defendant to Plaintiff is the sum of SIXTY-FIVE THOUSAND, TWO HUNDRED ONE DOLLARS AND THIRTY-SEVEN CENTS ($65,201.37). as appears by the Statement of Account hereto attached, made a part hereof and marked as Exhibit "A". 7. Plaintiff has frequently demanded payment from 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 thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of SIXTY-FIVE THOUSAND, TWO HUNDRED ONE DOLLARS AND THIRTY-SEVEN CENTS ($65,201.37), along with cost of this suit and interest thereon from May 18, 2001. Respectfully submitted, Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\KATHY\CMPLA1NT~27458SCH.ENK:24Sep01 2 FRANK CASH A. S'ERiO~& SONS, INC. RECEIPTS PROCESSING CUST NBR: 290888 BAL: 65201.37 ~SMT: 65201.37.~-----~ CITY: ENTER CHECK AMOUNT: ~NTER CHECK NUMBER: ~NVOICE 00001623 00310130 10 00704283 09 00705345 09 15 00708423 10 06 00709802 10 17 .00710451 10.20 00711839 10 31 ~0712867 11 0.7 0714578 11 17 00716727 12 05 .00718410 12 15 007~8830 12 19 MECHANICSBURG TRAN TYPE: CUST NAME: SCHENK'S PASTRY SHOPPE, INC. ADDR: 5303 TRINDLE ROAD PA 17055 (O=ON ACCT, S=ST'MT, (A=ADJUSTMENT) DATE GROSS AMOUNT 05 18 01~"-' 5000.00 NET AMOUNT 5000.00 636.18 1716.03 1935.46 3475.47 2953.88 2094.72 3080.92 2446.50 4444.75 3155.07 3754.08 333.54 20 00 636.18 O& 00 1726 68 00 1935 46 00 3475 47 00 2953 88 00 2094 72 00 3080 92 00 2446 ~0 00 4444.75 00 3155.07 00 3754.08 00 333.54 PAY RATING: 5C1 LIMIT: 0 717/697-1748 U=UN!DENT) 10'02000C 17'63 MRY ~ ~01 I:20PM BSKEMRRK 314781~151 ~.8 00~ 13C~3SB9 dH WdgS:S 000~ ~ M~¥ 08 ~001 I:20PM BRKEMSRK 31478i615! I OOZE ±]C~3S~9 dH VERIFICATION 1, ROBERT D. KODAK, ESQUIRE, state that I am not a party to the action but that, at the request of the Plaintiff, FRANK A. SERIO & SONS, INC. Trading As BAKEMARK, 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 unswom falsification to authorities. F:\USER\KATHY\CMPLAINT\27458SCH.ENK:24Sep01 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SERIO FRANK A & SONS VS SCHENK'S PASTRY SHOPPE INC DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHENK'S PASTRY SHOPPE INC the DEFENDANT , at 0935:00 HOURS, at 5303 TRINDLE RD MECHANICSBURG, PA 17055 DAVE SHIERY, MANAGER on the 1st day of October , 2001 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 7 15 O0 10 00 00 35 15 Sworn and Subscribed to before me this ~ day of ~ ~Of A.D. / ~rothonotary ' · ' So Answers: Ro Thomas Kline 10/02/2001 KNUPP KODAK & IMBLUM Deputy Sheriff FRANK A. SERIO & SONS, INC. Trading As BAKEMARK Plaintiff SCHENK'S PASTRY SHOPPE, INC. Dzfe~dant TO: : IN THE COURT OF COMMON PLEAS : CUbfl3ERLAND COUNTY, PENNSYLVANIA : : NO. 01-5565 CIVIL TERM : CIVIL DMSION - LAW PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Emer judgrnent in favor ofPlalnti'Wa~ againnt Defendant(s), SCHENK'S PASTRY SHOPPE, INC. named for failure to file within the requited time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint Interest fl~om May 18, 2001 at the legal rate of 6% per annum Total $65,201.37 $1.874.50 $67,075.87 It is hereby certified that a written notice of intention to file this Pmecipe was mailed to the Defe~(s) and his attorney of record, aRer the default occurred and at least ten ( t O) days prior to the date of the filing of this Praceipe. See Exba'oits A & B attached. Robert D. Kodak, Attorney for Plaintiff DATED: Judgment emered and damages assessed as above. P. Mm~ L Knupp Rob~ D. Kodok Gary J. ~ml~um LAW OffiCES OF KNUPP,o0aE~o~KODAK ~aqs~o~ & IMBLUM, ~7 NO~ ~O~ ~ ~ OFFICE ~X 11~ ~ISBURG, PA 171~-1 ~ Te~: 717~3~7159 ~imi~: 717~3~7158 ~il: ~.l~e~on.~t Odo~r 25, 2001 (1909-1976) (1923-1998) SCHENKS PASTRY SHOPPE INC 5303 TRINDLE ROAD MECHANICSBURG PA 17055 Frank A. Serio & Sons, Inc. t/a Bakemark Schenk's Pastry Shoppe, Inc. No. 01-5565 Civil Term, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 27458 Greetings: In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a Notice of a Praocipe for Entry of Default Judgment. According to the records as they are found in 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 attomey entered an appearance on your behalf. Accordingly, we ara 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 Office 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: Robed D. Kodak, Esq. rober~.kodak~,erizon, net ATTN MARY SNIDER CBF COMMERCIAL COLLECTIONS INC POST OFFICE BOX 901510 KANSAS CITY MO 64190-1510 FRANK A. SERIO & SONS, INC. Trading As BAKEMARK Plaintiff SCHENK'S PASTRY SHOPPE, INC. Defendant : IN THE COURT OF COMMON PLEAS[~: : C~ERLAND COUNTY, PENNSYLVANIA : : NO. 01-5565 CIVIL TERM : : CIVIL DIVISION ~ LAW IMPORTANT NOTICE TO: SCHENK'S PASTRY SHOPPE. INC.. Defendant(s) DATE OF NOTICE: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (t0) 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 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 NOTICIA IMPORTANTE A:SCHENK'S PASTRY SHOPPE. INC.. Demand;do(s) FECHA DE NOTICIA:~ USTED NO HA COMPLIDO CON EL AVISO ENTERIOR PORQUE HA FALTADO EN TOMAR MF. DIDAS REQUERIDS RESPECTO AESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QbE UN FALI.O SEIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OSTROS DEKECHOS IMPORTANTES. USTED DEBE I,I.RVAR ESTA NOT[CIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVIClOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAC: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 3166 FRANK A. SERIO & SONS, INC. Trading As BAKEMARK Plaintiff SCHENK'S PASTRY SHOPPE, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5565 CIVIL TERM : : CIVIL DIVISION - LAW : To SCHENK'S PASTRY SHOPPE. INC.. Defendant(s) You are hereby notified that on (Judgment) has been entered agalmt you in the above-captioned case. DATE: Judgment entered in the amount of $67.075.87. I hereby certify that the name and address of the proper person(s) to receive this notice is: SCHENK'S PASTRY SHOPPE, INC 5303 TRINDLE ROAD MECHANICSBURG PA 17055 .ad SCHENK'S PASTRY SHOPPE. INC.. Defendido/a Defendidos/as Por este medio se le esta notificando que el ,, de del 20_, el/la siguiente(Fallo) ha sido anotado en contra suya en el cam mencionado en el epigrafe. Protonotario Cerfificao que la siguieote direccion es la del d~e~ido/a segun indicada en el cetiticado de residencia: SCHENK'S PASTRY SHOPPE, ][NC 5303 TRINDLE ROAD MECHANICSBURG PA 17055 Abogado del Demandante PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 FRANK A. SERIO & SONS. INC. T/A BAKEMARK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Writ No. No. 2001-5565-CIVIL TER~ Amount due Interes~FROM DATE OF JUDG. Plaintiff VS SCHENK'S PASTRY SHOPPE. INC. 5303 TRINDLE ROAD Atty's Comm. $ MECHANICSBURG. PA 1 7055 and Costs~_~J~$ Defendant (s) Term 20 Term $ 67.075.87 3.353.79 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of County, Pennsylvania; (2) against (3) and against (4) and index'this writ (b) against Defendant(s) ~arnishee(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 UPG~ALL PE~SC~AL PROPERTY OF ABOVETLZSTED DE~EN~%~T(S)',ATABOVE-LISTED ADDRESS. (5) Exemption has (not) been waived. Dat?d 11/20/~l Robert D'. Kodak, Esquire PO. BOx 11848 Harri~sburg, ~pA 17108 (717) 238-7651 Abtorney~ For, Plaintiff (s} o o 0 0 r., R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on August 12, 2002, at which time the personal property of Schenk's Pastry Shoppe, Inc. was sold to Frank A. Serio and Sons, Inc., t/a Bakemark, of 844 Dorsey Run Road, Jessup, Maryland, 20794, for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Monday August 12, 2002 at 11:00 A.M.E.D.S.T. at 5303 Trindle Road, Mechanicsburg, PA 17055. This writ is returned STAYED, as per instructions fi.om attorney. Sheriff's Costs: Docketing $ 18.00 Poundage 2.48 Advertising 20.00 Law Library .50 Prothonotary 1.00 Milage 14.74 Cert. Mail Surcharge 20.00 Levy 20.00 Post Pone Sale 30.00 Garnishee TOTAL $126.72 Advance Costs: 150.00 Sheriff's Costs: 126.72 23.28 Refunded to Atty on 9/17/02 Swom and Subscribed to before me This !q ~ dayof~ 2002 A.D. (~ ~ ~7"~ff~-~ ,tL~. proth6n~tary So Answers; R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due COUNTY: NO. 01-5565 CIVIL I~ TERV[ CIVIL ACTION - LAW Frank A. Serio & Sons, Inc. T/ABakemark ~ PLAINTIFF(S) fromSchenk's Pastry Shoppe, Inc., 5303 Trindle Road, Mechanicsbur~, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Levy_ upon all Personal Prope_ rty_ of Above-listed Defendant(s) at above-listed address. (2) You are also directed to attach lhe 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/are enjoined from paying any debt to or for the account of the delendant(s) and from delivering any properly of the defendant(s) or otherwise disposing thereof; (3) II 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 $67,075.87 Intere~ from date of Judg 11/9/01 Atty's Comm $3,353.79 % A~y Paid $107.15 Plaintiff Paid Date: November 26, 2001 L.L. $.50 Due Prothy $1.00 Other Costs Curtis R. Long Prothonotary, Civil Division REQUESTING PARTY: Name Address: Attorney for: Telephone: Supreme Coud ID No. Robert D. Kodak, Esq. P.O.Box 11848 Harrisburg, PA 17108 Plaintiff 717-238-7151 18041 SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION NO. 2001-5565 CIViL TERM ISSUED OUT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON MONDAY TIlE 12TM DAY OF AUGUST 2002 AT 11:00 A.M., THE PROPERTY OF SCHENK'S PASTRY SHOPPE, INC., AT, 5303 TRINDLE ROAD, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWING PROPERTY TO WIT: FORD F450 PANEL TRUCK WHITE IN COLOR VIN. NO. 1FDXF46FIXED-43960 MISC. BAKING POTS AND PANS BAKING CARTS BAKING FLOUR SUPPLIES CAKE ICING SUPPLIES VEGETABLE SHORTING SUPPLIES ELECTRIC MIXER (120 QUART) ELECTRIC MIXER (20 QUART) ELECTRIC MIXER (60 QUART) MIXING TABLES (4) HOBART FREEZER YELLOW LADDER SUGAR SUPPLIES POT WASHER SYSTEM DOUGH SHEETER SCALES HYDROMATIC MACHINE MODEL H201 SERIAL NO. 6285 KEATING DOUGHNUT FRYER STORAGE RACKS STEP LADDER GLENCO FREEZER UNITS XL SERIES (2) CAKE AND PIE DECORATIONS WOODEN FILING CABINET (6 DRAWER) US SERKEL MACHINE ALUMINUM PIE PLATES COFFEE MACHINE W/3 POTS (BUNN) MICROWAVE (SUNBEAM) PREP TABLES (4) MISC. SHEET PANS BALL°N RACK MISC. COFFEE CUPS TELEPHONES (2) CASH REGISTER COFFEE ORIGINS DISPLAY W/5 DISPENSERS GENERAL FOODS INTERNATIONAL COFFEE MACHINE (2) SQUARE TABLES W/6 CHAIRS (4) ROUND TABLES W/13 CHAIRS GRACO HIGH CHAIR CHILL ISLE SODA REFRIGERATOR PICTURES (10) WOODEN GINGERBREAD WALL HANGINGS (2) LAMINATED WOOD COOKIE/BREAD DISPLAY DISPLAY CASES FOR PASTRY TABLE FOR PASTRY DISPLAY CARD DISPLAY METAL CANDLE DISPLAYS (2) GLASS SHELF FOR CUPS SMALL ROUND TABLE W/BALLOON HOLDER COMDIAL TELEPHONES (2) FAX MACHINE (BROTHER) BRIDAL/ANNIVERSARY CAKE TOPPERS (21) HELIUM TANKS (2) DESK CHAIR DISHWASHER ANAGRAM DISPLAY SQUARE TABLE SANYO REGISTER METAL DESK CHAIR COMPUTER, SCANNER, CANNON PRINTER, MOUSE, KEYBOARD, GATEWAY MONITER, SPEAKERS W/ADDITIONAL COMPUTER TOWER TAPE DISPENSERS (2) HP LASERJET PRINTER SHARP FAX MACHINE METAL FILING CABINET (5 DRAWER) ELECTRIC ADDING MACHINE (CANNON) WOODEN BOOK SHELF ROLEDEX (A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE OF FIFTY-FIVE DOLLARS ($55.00) (B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. (c) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS OFFICE ON THE 16TM DAY OF AUGUST 2002 NOT LATER THAN F1VE (5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED WITHIN THE TEN (10) DAYS THEREAFTER. TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF SCHENK'S PASTRY SHOPPE, INC., AT, 5303 TRINDLE ROAD, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 POSTED ~'~/~'t0 % / 9 ~l,/ CUMBERLAND COUNTY t~ SHERIFF'S OFFICE CARLISLE, PA 17013 R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Schenk's Pastry Shoppe, Inc. to Frank A. Serio and Sons, Inc., t/a Bakemark, 8441 Dorsey Run Road, Jessup, Maryland, 20794, for the sum of $1.00, it being the highest bid and price quoted for the same. Date and time of sale, Monday August 12, 2002 at 11:00 A.M.E.D.S.T., at 5303 Trindle Road, Mechanicsburg, Pennsylvania. Sworn and~.~bscribed to before me this ~~[2~~ So Answer~ . / / R. Thomas Kline~ Sheriff