HomeMy WebLinkAbout00-08794
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
BRIAN SMITH
8 Forrester Drive
Wentzville, Mo. 63385
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No.
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vs.
NATIONWIDE LOG HOME.
RESTORATION, INe
23 Queen Avenue
Enola, Pa. 17025
NOTICE
You have been sued in court. 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 or 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.
YOU SHOULD TAKE TillS 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
2 Liberty A venue
Carlisle, P A 17013
(717) 249-3166
J. Michael Ruttle, Esquire
110 S. State Street
Newtown, PA 18940
(215) 968.6006
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION. LAW
No. ()t) - f'11f<t t:.wu ~
vs.
ATIONWIDE LOG HOME.
STORATION, INC
3 Queen Avenue
nola, Pa. 17025
COMPLAINT
COUNT I
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f 1. The Plaintiff is Brian Smith, an adult individual, presently residing at 8
. orrester Drive Wentzville, Mo. 63385.
2. The Defendant is Nationwide Log Home Restoration, Inc., a Pennsylvania
business corporation doing business at 23 Queen Avenue Enola, Cumberland County,
rennSYIVania.
3. On or about May 31, 2000, Plaintiff and Defendant entered into a contract for
restoration services regarding Plaintiff's home in Missouri. A true and correct copy of that
contract is attached hereto as Exhibit "A".
4. Despite the facts that Plaintiff provided the deposit of $3,816.00, and that the
roject was to be completed by July, 21, 2000, Defendant never performed its duties
pursuant to the contract.
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5. In an E.mail dated September 16, 2000, the Defendant acknowledged their
responsibility for the delay, and offered to refund the deposit. A true and correct copy of
that E-mail is attached hereto as Exhibit "B".
6. On September 18, 2000 the Plaintiff demanded the refund, but hoped that the
services contemplated in the contract might still be performed. A true and correct copy of
that Letter is attached hereto as Exhibit "C".
7. On October 2, 2000 the Defendant again promised to return the deposit. A true
and correct copy of that E-mail is attached hereto as Exhibit "D".
8. On October 18, 2000 the Plaintiff made a final demand through Missouri
Counsel for a refund of the deposit. A true and correct copy of letter is attached hereto as
Exhibit "E".
I 9. Despite repeated demands and repeated broken promises, the Plaintiff's deposit
[has not been refunded.
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WHEREFORE, Plaintiff, Brian Smith demands judgment against the Defendant, in
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[the amount of $3,816.00, plus costs of suit, and interest thereon.
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COUNT II
10. The Plaintiff incorporates Count I above as if set forth herein in its entirety.
11. The Plaintiff leamed of the Defendant and its services through advertising in
Log Home Living Magazine.
12. The actions of the Defendant in advertising services, and then refusing to
perform them or return the Plaintiff's deposit, constitute Unfair Trade Practices within the
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meaning of the Pa. Unfair Trade Practices Act and Consumer Protection Law, 73 Pa. C. S.
A. ~ 201-2, (4) ix and xvii.
13. Pursuant to ~ 201-9.2 of the Pa. Unfair Trade Practices Act and Consumer
Protection Law, Plaintiff is entitled to pursue a private right of action and seek an award of
up to three times his actual damages, plus counsel's fees.
WHEREFORE, Plaintiff, Brian Smith demands judgment against the Defendant, in
the amount of $11,448.00, plus costs of suit, attorneys fees and interest thereon.
Respectfully submitted,
11 0 S. State Street
Newtown, PA 18940
(215) 968-6006
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VERIFICATION AFFIDAVIT
f, BRIAN SMITH,. depose and say that I am the Plaintiff in the above-entitled action and that the
facts set forth in the foregoing Pleading are true and correct to the best of my knowledge. information and
belief. I understand that fillse statements herein are made suhjeet to the penatties of 18 Pa. C.s.A. ~ 4904
relating to unsworn falsification to authorities.
Date /-;.- J LJ -oD
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08794 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SMITH BRIAN
VS
NATIONWIDE LOG HOME RESTORATIO
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
NATIONWIDE LOG HOME RESTORATION INC
the
DEFENDANT
, at 0015:59 HOURS, on the 8th day of January , 2001
at 216 W. SHADY LANE
ENOLA, PA 17025
DONALD FARMER (OWNER)
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
9.30
.00
10.00
.00
37.30
S;;;~~;
R. Thomas Kline
01/09/2001
J. MICHAEL
Sworn and Subscribed to before By:
me this IJ ~ day of
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(r ;?~ tJ ~AIL-., j/~
~rothonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION. LAW
BRIAN SMITH
8 Forrester Drive
Wentzville, Mo. 63385
vs.
NATIONWIDE LOG HOME
RESTORATION, INe
216 W. Shady Lane
Enola, Pa. 17025
No. 00-8794 Civil Term
PRAECIPE TO ENTER .JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment in the above-captioned action in the amount of four
thousand, two hundred ($4,200.00) dollars, in accordance with the Settlement Agreement
attached hereto as Exhibit "A."
"
,
Respectfully submitted,
110 S. State SI.
Newtown, PA 18940
(215) 968-6006
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION. LAW
BRIAN SMITH
8 Forrester Drive
Wentzville, Mo. 63385
No. 00-8794 Civil Term
vs.
NATIONWIDE LOG HOME
RESTORATION, INC
216 W. Shady Lane
Enola, Pa. 17025
JUDGMENT
AND NOW, this~ay of
m~l'UL.
~
, 2001, judgment is entered
against NATIONWIDE LOG HOME RESTORATION, INe. in the above-captioned action
in the amount of four thousand, two hundred ($4,200.00) dollars, in accordance with the
Srol,=~ Agre,,,,,,,, ,,"'h,' h,rem M Em." "A.". 6
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rothonotary or D8PlK)'
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SETTLEMENT AGREEMENT
This Agreement between the Plaintiff, BRIAN SMITH, by and through his Attorney, 1.
Michael Ruttle, Esquire, and NATIONWIDE LOG HOME RESTORATION, INC., defines the
terms of the settlement of a suit filed in the Cumberland County Court of Common Pleas, Case
Number 2000-08794. These terms are.set forth below:
1. The Defendant agrees to the entry of judgment in the amount of $4,200.00.
2. The Plaintiff agrees to forebear from any execution proceedings on that judgment, so long as
the Defendant makes payments in accordance with the schedule set forth below.
3. The Defendant agrees to pay the following sums on or before the following days:
a) $500.00 upon execution of this Agreement;
b) $500.00 on or before the 10th of March, 2001;
c) $1,000.00 on or before the 10th of April, 2001;
d) $1,100.00 on or before the 10th of May, 2001; and
e) $1,100.00 on or before the 10th of June, 2001.
4. Upon completion of the payment schedule, the Plaintiff by and through his Attorney, J.
Michael Ruttle, Esquire, shall provide the Defendant with a Praecipe to Mark the Judgment
Satisfied of Record. It is Defendant's responsibility to file the Praecipe and bear the costs for
filing.
5. So long as the Defendant complies with the payment schedule, the judgment shall not bear
interest.
6. In the event of default, the outstanding balance would immediately begin to accrue interest at the
rate of 12% simple interest per annum. Furthermore, the Defendant agrees to pay up to $1,500.00
for Court costs and reasonable counsel's fees incurred by reason of the breach.
7. Lastly, the Plaintiff and his Attorney agree to provide information regarding the satisfactory
resolution of this claim upon request of the Plaintiff or any of its agents or designees.
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8. The parties hereby agree that a copy of this settlement Agreement shall be filed of record upon
entry of judgment.
Intending to be legally bound, the Defendant and Plaintiff, by and through his Attorney, J.
Michael Ruttle, Esquire, have executed this Agreement on the dates set forth below.
3-/ if -0/
Date
. ICH L R , Q.
Atto~ for the Plaintiff
~
Donald Farner, President of
NATIONWIDE LOG HOME RESTORATION, INC
2'2lf.loo l
Date
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IN THE COURT OF COMMON i>LEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
: No. 00-8794 Civil Term
vs.
ATIONWIDE LOG HOME.
RESTORATION, INC.
216 Shady Lane
nola, I'll. 1'7025-.
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Garnishee:
W A YPOINT BANK
921 Calvary Rd.
Carlisle,PA 17103
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PRAECIPE FOR WRIT OF EXECUTION
o the Prothonotary:
s~ue writ of execution in the above matter,
.. . (1) directed to the Sheriff of Cumberland County
, - , .
(2) against NATIONWIDE LOG HOME RESTORATION, INC., defendant; and
. .
(3) against W A YPOINT BANK, garnishee;
(4) and index this writ
(a) against NATIONWIDE LOG HOME RESTORATION, INC., defendant and
(b) against W A YPOINT BANK, as garnishee, as a lis pendens against real property
! of the defendant in name of garnishee as follows:
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(5) Amount due
Interest from Apri111, 2001
Attorney's Fees
[Costs to be added]
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Respectfully submitted,
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$3,200.00
$63.00
$1,050.00
$
II 0 S. State Street
Newtown, PA 18940
(215) 968-6006
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
BRIAN SMITH
8 Forrester Drive
Wentzville, Mo. 63385
: No. 00-8794 Civil Term
vs.
NATIONWIDE LOG HOME.
RESTORATION, INe.
216 Shady Lane
Enola, Pa. 17025
Garnishee:
WAYPOINTBANK
921 Calvary Rd.
Carlisle, PA 17103
WRIT OF EXECUTION
NOTICE
This paper is a Writ of Execution. It has been issued because there is a judgment
gainst you. It may cause your property to be held or taken to pay the judgment. You may
ave legal rights to prevent your property from being taken. A lawyer can advise you more
pecifically of these rights. If you wish to exercise your rights, you must act promptly.
The law provides that certain property cannot be taken. Such property is said to be
xempt. There is a debtor's exemption of $300. There are other exemptions which may be
pplicable to you. Attached is a summary of some of the major exemptions. You may have
ther exemptions or other righs.
If you have an exemption, you should do the following promptly: (1) Fill out the
ttached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the
heriff s Office at the address noted.
You should come to court ready to explain your exemption. If you do not come to
ourt and prove your exemption, you may lose some of your property.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
aT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
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Wl.UT OF EXECUTION
Commonwealth of Pennsylvania
County of
To the Sheriff of Cumberland County:
To satisfy the judgment, interest and costs against NATIONWIDE LOG HOME,
)
)
)
RESTORATION, INC., defendant,
(I) you are directed to levy upon the property of the defendant and to sell his interest
therein;
(2) you are also directed to attach the property of the defendant not levied upon in
the possession of W A YPOINT BANK, as garnishee, Account No. 0908000862
and to notify the garnishee that
. (a) an attachment has been issued;
(b) the garnishee is enjoined from paying any debt to or for the account of the
defendant and from delivering any property of the defendant or otherwise disposing thereof;
(3) if property of the defendant not levied upon and subject to attachment is found in
the possession of anyone other than a named garnishee, you are directed to notify him that he
has been added as a garnishee and is enjoined as above stated.
Amount due
$3,200.00
$63.00
$1,050.00
$--~
Interest from April 11, 200 I
I Attorney's Fees
[Costs to be added]
Seal of the Court
-----~-----_:_Protlionotary
By
Deputy
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MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW
1. $300 statutory exemption
2. Bibles, school books, sewing machines. uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION . LAW
BRIAN SMITH
8 Forrester Drive
Wentzville,~o.63385
No. 00-8794 CivilTerm
vs.
NATIONWIDE LOG HOME.
RESTORATION, INC.
216 Shady Lane
Enola, Pa. 17025
'i'
Garnishee:
W A YPOINT BANK
921 Calvary Rd.
Carlisle, PA 17103
,
CLAIM FOR EXEMPTION
To the Sheriff:
. I, the above-named defendant, claim exemption of property from levy or attachment:
(1) from my personal property in my possession which has been levied upon,
(a) I desire that my $300 statutory exemption be
D (i) set aside in kind (specify property to be set aside in kjnd):
D (ii) paid in cash followmg the sale of the property levied upon; or
(b) I claim the following exemption (specify property and basis of exemption):
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(2) from my property which is in the possession of a third party, I claim the folJowing
exemptions:
(a) my $300 statutory exemption: 0 in cash; 0 in kind (specify property):
(b) Social Security benefits on deposit in the amount of $
(c) other (specify amount and basis of exemption):
I request a prompt court hearing to determine the exemption. Notice of the hearing
should be given to me at
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Nationwide Log Home Restoration
216 Shady Lane
Enola, PA 17025
(717) 728-3183
I verify that the statements made in ihis Claim for Exemption are true and correct. I
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understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904
relating to unsworn falsification to authorities.
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iDATE
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DONALD FARNER
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TIDS CLAIM TO BE FILED WITH
THE OFFICE OF THE SHERII<'FOF CUMBERLAND COUNTY:
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6390
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION. LAW
BRlANSMITH
8 Forrester Drive
Wentzville,~0.63385
: No. 00-8794 Civil Term
vs.
NATIONWIDE LOG HOME.
RESTORATION, INC.
216 Shady Lane
Enola, Pa. 17025
Garnishee:
W A YPOINT BANK
921 Calvary Rd.
Carlisle, P A 17103
INTERROGATORIES TO GARNISHEE
IMPORTANT NOTICES TO GARNISHEE!
A. You are required to me answers to the following interrogatories within twenty
(20) days after service upon you. Failure to do so may result in judgment against you.
B. The term "Defendant(s)" means the individual(s) ( or entities) against whom the
Writ of Execution issued.
C. "You" means the main office and all branch offices of W aypoint Bank, formerly
known as Harris Savings Banle
D. By service of the Writ of Execution upon you, all property of the Defendant(s)
subject to attachment which was then in your possession, custody or control was attached,
including all property of the Defendant(s) which comes into your possession thereafter.
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INTERROGATORIES IN ATTACHMENT
1. At the time you were served with these Interrogatories or any subsequent time, did you
owe the Defendant(s) any money, were you liable to them on any negotiable or other
written instrument, or did he (they) claim that you owed him (them) any money or were
liable to them for any reason?
2. At the time you were served with thes~ Interrogatories or at 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 solely or in
part by the Defendant( s)?
3. At the time you were served with these Interrogatories or at any subsequent time, did
you hold legal title to any property of any nature owed solely or in part by the Defendant(s)
or in which Defendant(s) held or claimed any interest?
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4. At the time you were served with these Interrogatories or at any subsequent time, did
the Defendant(s) transfer or deliver any property to you or to any person or place pursuant
to your direction or consent and, if so, what was the consideration therefor?
5. At any time after you were served with these Interrogatories, did you pay, transfer or
deliver any money or property to the Defendant(s), to any person or place pursuant to
Defendant(s)' direction, or otherwise discharge any claim ofthe Defendant(s) against you?
6. At the time you were served with these Interrogatories or at any subsequent time, did
you have any safe deposit boxes, pledges, documents of title, securities, notes, coupons,
receivables, collateral, checking, savings, tax, or other accounts or deposits in which
Defendant(s) has (have) any interest?
7. At the time you were served with these Interrogatories or at any subsequent time, did
you hold as fiduciary any property in which the Defendant(s) has (have) any interest?
.
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8. At the time you were served with these futerrogatories or at any subsequent time, did
you hold any Treasury Bill, repurchase Agreement or any other type of investment or
commercial paper in which the Defendant(s) has (have) any interest?
9. At the time you were served with these futerrogatories or at any subsequent time, did
you have property of the Defendant(s) or property in which he (they) has (have) any
interest on deposit or otherwise in your possession, custody or control other than that
property indicated in your answers to the previous futerrogatories?
10. Have you ever owed money to Defendant(s) or held any property belonging to
Defendant(s)? If so, state when you either satisfied the debt or disposed of the property
and in what manner, for what consideration and to whom?
Respectfully submitted,
~
110 S. State Street
Newtown, PA 18940
(215) 968-6006
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2000-08794 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
SMITH BRIAN
VS
NATIONWIDE LOG HOME RESTORATIO
And now BRIAN BARRICK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0012:54 Hours, on the 9th day of July
, 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
NATIONWIDE LOG HOME
RESTORATION INC
, in the
hands, possession, or control of the within named Garnishee
WAYPOINT BANK 921 CALVARY ROAD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
REBECCA MOORE (SUPERVISOR)
pe~sonally three copies of interogatories together with 3
true
and attested copies of the within COMPLAINT & NOTICE
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
surcharge
.00
.00
.00
.00
.00
.00
So an~ ~
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R. Thomas Kline
She~iff of Cumberland County
00/00/0000
Sworn and subscribed to before me
this /3'tt day of 44
.:J()fj I A.D.
fl.w" a. 7u,M~d ~
pr~dhotary I
Deputy Sheriff
By
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INTERROGATORIES IN ATTACHMENT
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1. Atthe time you were served with these futerrogatories or any subsequent time, did you
. . .
., owe the Defendailt(s) any iri~ney,.were you liable to' the~ on any negotiable~i-other
. . . '. - .
written instrUment, or did he (they) claim that youowedhim (them) any nioney or were
'. . liable to them for any reason? ."
Not io 'my knowledge or understanding
2. At the time you were served with these futerrogatories or at 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 solely or in
part by the Defendant(s)?
Not to my knowledge or understanding.
3. At the time you were served with these futerrogatories or at any subsequent time, did
you hold legal title to any property of any nature owed solely or in part by the Defendant( s)
or in which Defendant(s) held or claimed any interest?
Not to my knowledge or understanding.
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4. At the time you were served with these Interrogatories or at any subsequent time, did
the Defendant(s}trai1sfer ordeliver any property to you or to any person or pllicepursuant
to your direction or consent and, ifso, what was the consideration therefor? '
, '
Not to my knowiedgeorundersta~ding.
'5. At anyihneafteryou were seIVedwiththese Interrogatories, did you pay , transfer or '
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deliver any money or property, to the Defendant(s),to any person orplaeeplirsuant" to
Defendant( s)' direction, or otherwise discharge any claim of the Defendant( s) 'against you?
Not to my knowledge or understanding.
, , ,
6. At the time you were served with these Interrogatories or at any subsequent time, did
you have any safe deposit boxes, pledges, documents of title, securities, notes, coupons,
receivables, collateral, checking, savings, tax:, or other accounts or deposits in which
Defendant( s) has (have) any interest?
Not to my knowledge or understanding
7. At the time you were served with these Interrogatories or at any subsequent time, did
you hold as fiduciary any property in which the Defendant(s) has (have) any interest?
Not to my knowledge or understanding
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8. At the time you were served with these Interrogatories or at any subsequent time, did
you hold.l\Ily.Tre;lSury.Bill, iepurchaseAgreement.orany other type of.investment or
commercial paper in which' the Defen.dant(s) has (have) any hiterest?
Not to my knowledge of understanding
.9. . At thetinieyouwereserved with these Interrogatorles or atany~ubsequent tiri1e,did
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you have property of the Defendant(s)orpmpertyin. which he (they) has (have) any
. .
interest on deposit or otherwis~ in your possessio~, c~stody or control other than that
property indicated in your answers to the previous Interrogatories?
Checking account 0908000862
Jj 5"0'". 3fi'
10. Have you ever owed money to Defendant(s) or held any property belonging to
Defendant(s)? If so, state when you either satisfied the debt or disposed of the property
and in what manner, for what consideration and to whom?
Not to my knowledge or understanding
Respectfully submitted,
110 S. State Street
Newtown, PA 18940
(215) 968-6006
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANiA)
COUNTY OF CUMBERLAND)
NO. 00-8794 CIViL ~ TE~
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cilffiberland'
COUNTY
Brian i:ffiith
To satisfy the debt, interest and costs due
PLAINTfFF(S)
from Nationwide Log Hane Restoration, Inc., 216 Shady Lane, Enola, PA 17025
DEFENDANT(S)
(1) You are directed 10 levy upon the property 01 Ihe delendanl(s) and 10 sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
Waypoint Bank, 921 Calvary Road, Carlisle, PA 17103
GARNISHEE(S) as tollows:
and to notffy 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 ot the detendant(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 lound 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 $3200.00 LL $.50
interest frffil 4/11/01 S63 00 Due Prothy $1.00
Atty's Comm % Other Costs Atty'S Fees - $1,050.00
Ally Paid
Plainfiff Paid
Sl[)'UlO
Dale:
,1111y 7, 7001
Curtis R. Long
Prothonotary, Civil Division
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2. ~J1~/
Deputy
REQUESTING PARTY
Name J. Michael Rutt1e. Esq.
Address: 110 S. State Street
Newton. PA 18940
Attorney tor:
Telephone:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION. LAW
BRIAN SMITH
8 Forrester Drive
Wentzville, Mo. 63385
: No. 00-8794 Civil Term
vs.
NATIONWIDE LOG HOME.
RESTORATION, INC.
216 Shady Lane
Enola, Pa. 17025
Garnishee:
W A YPOINT BANK'
921 Calvary Rd.
Carlisle, P A 17103
PRAECIPE FOR .JUDGMENT UPON ADMISSION
TO THE PROTHONOTARY:
Please enter judgment in favor of the . Plaintiff and against the Garnishee,
W A YPOINT BANK, in the amount of $506.38, admitted in the answer to interrogatories to
be in the garnishee's possession, together with interest and costs. The amount of the
judgment of the Plaintiff against the Defendant is $4,424.30.
Dated: August 22, 2001
Respectfully submitted,
/~~~
/./ Attorney for Defendant
//' Attorney ID# 24892
110 S. State St.
Newtown, PA 18940
(215) 968-6006
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R. 1'"omas 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
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
18.00
1. 21
.50
1.00
3.25
~ig.oo
20.00
6].96
Sworn andSubscribed to before me
this 1M' dayofG...,--.J...
2002 A.D. ~ () l1..{;P.. J,,J)pz(
p 0 onotary
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Advance Costs:
Sheriffs Costs:
150.00
61l.96
86.D4
Refunded to Atty on 7/15/02
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So Answers;
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R. Thomas Kline, Sheriff '
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COMMONWEAL TH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
WRIT OF EXECUTION and/or ATTACHMENT
NO. 00-8794 CIVil ~ TERM
CiVil ACTION. LAW
TO THE SHERIFF OF Cumberland COUNTY
To satisfy the debt, interest and cosfs due _ Br_ian 9:nith
PlAINTIFF(S)
from
Nationwide Log Hone Restoration, Inc., 216 Shady Lane, Enola, PA 17025
DEFENDANT(S)
(1) You are directed to levy upon the property ot the detendant(s) and to sell
(2) You are also directed to attach the property of the defendanf(s) not levied upon in the possession of
Waypoint Bank, 921 Calvary Road, Carlisle, PA 17103
_ 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 01 the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereol;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession 01 anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due
$3200.00
LL
$.50
Interest freI" 4/11/01 ~63_00
Atty's Comm %
Due Prothy $1. 00
Other Costs Atty's Fees - $1,050.00
Atty Paid
Plaintiff Paid
SlOg_RO
Dafe:
,TlIl~2001
CUrtis R. Long
Prothonotary \ Civil Division
by--
L:2?~ "
~.~~/
REOUESTING PARTY
Deputy
J. Michael RuHle, Esq.
110 S. State Street
Newton, PA 18940
Attorney for: Plaintiff __~.
Telephone: 215-968-6006
Supreme Court ID No. 24892
Name
Address: