HomeMy WebLinkAbout03-4128
TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
vs.
ADIN S. KENES AND KELLY M.
KENES T/D/B/A
ADIN KENES BUILDERS
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03 - -1//??
CIVIL ACTION - LAW
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 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
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166 or (800) 990-9108
BY:
S en IW611, Esquire
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
Date: August 20, 2003
TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
vs.
ADIN S. KENES AND KELLY M.
KENES T/DB/A
ADIN KENES BUILDERS
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03 - #/;Zi'
CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff, Total Heating and Cooling, Inc., is a Pennsylvania corporation with an
R&.1' 4FO,., h i°'^- ° x 7
address of 2426 Armstrong Valley Road, Pennsylvania, Daupnm County, Pennsylvania 17032.
2. Defendants Adin S. Kenes and Kelly M. Kenes t/d/b/a Adin Kenes Builders are
two adult individuals located at 429 Bernheisel Bridge Road, Carlisle, Cumberland County,
Pennsylvania 17013.
3. On March 25, 2003 Plaintiff and Defendants entered into a contract for the
Plaintiff to provide a Climate Master Geothermal Heat Pump as specified on Exhibit "A" which a
true and correct copy of the parties' contract.
4. Between March 25, 2003 and June 17, 2003 Plaintiff furnished to the Defendants
the work and materials as set forth on Exhibit "A" for a total price of Eighteen Thousand Four
Hundred Fifty and 00/100 ($18,450.00) Dollars.
Defendants have paid $3,000.00 as of August 20, 2003 leaving an unpaid balance
of $15,450.00 as of August 20, 2003 exclusive of interest and counsel fees.
6. The date of the last invoice to the Defendants was July 13, 2003 and commencing
June 17, 2003 interest of 18% annually or $7.62 per diem began to accrue to this unpaid balance.
7. Under the express terms of the parties' contact Plaintiff is entitled to an award of
his actual attorneys' fees calculated at Two Hundred Fifty and 00/100 ($250.00) Dollars per
hour.
8. Defendants misappropriated Plaintiffs draw from the mortgage company in order
to pay the Defendants' payroll expenses.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
its favor and against the Defendants in the amount of $15,450.00 plus other court costs, interest
of $7.62 per diem, Plaintiffs actual counsel fees and other relief as the Court deems just.
Respectfully submitted,
BY:
en Howell, Esquire
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
Date: August 20, 2003
VERIFICATION
I hereby verify that the statements made in the foregoing document are true and correct to
the best of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to
authorities. I am authorized as the President of Total Heating and Cooling Inc. to execute this
document on behalf of the corporation.
Charles Hartzell, President
Total Heating and Cooling Inc.
Date: g t }p / p 3
Total Heating and Cooli; Inc., 717 533 2067;
,X TOTAL HEATING AND COOLING INC. FAX NO. : 717 362 3556
PROPOSAL
ADIN KENES BUILDERS
429 BER-NHEISEL BRIDGE ROAD
CARLISLE. PA 17013
CONTINUED:
OPTIONS:
FCBRLIARY 16, 2003
PAGE 2
717-697.7702
717.697-0652 - FAX
RE: MIKE & BECKY BLUE RESIDENCE
1) BY-PASS HUMIDIFIER - ADO $195.00
2) ELECTROSTATIC AIR FILTER -ADD $55.00
NOTES:
1) EXCAVATION FROM BOREHOLES TO BASEMENT WALL BY OTHERS. NOTE: AS PER DESIGN, LOOP FILLD
IS GOING IN DRIVEWAY AREA AND COMPACTION SHOULD BE CONSIDERED.
2) IF CASING IS NEEDED IT CAN SE PROVIDED AT AN ADDITIONAL COST. NOTE: ANY QUESTIONS ON THIS
PLEASE CALL DAVE WETZ" AT EICHELSERGER'S WELL DRILLING AT 766-4800.
WE PROPOSE hereby to furnish material and labor - complete in accordanes with the above specifications, for the sum of;
SEVENTEEN THOUSAND NINE HUNDRED NINETY-FIVE -------------- ---_------------ dollars ($17,995.00).
Payment to be made as follows: TOTAL DUE IMMEDIATELY UPON COMPLETION OF TRIS JOB. Amounts past due are subject to a
finance charge of 1.5% per month (18% annually). Any cost for oolleetion, including actual attorney fees, court costa and all other litigation
expenses shall be the responsibility of the purchaser. Any disputes arising under this contract shall be litigated before Elie Dauphin County
Court of Common Pleas, which shall have exclusive jurisdiction.
All material is guaranteed to be as specified. All work is to be completed in a professional manner according to standard practices. Any
alteration or deviation from above specifications involving exba costs will be executed only upon written orders, and will become an extra
charge over and above the eatimste, All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry tire,
tomado and other necessary iosuranec Our workers are fully covered by Worker's Compensatio ran
Authorized Sign
TOTAL HEATING & COOLLtiG, INC.
Sore: We may withdraw, this proposal if not accepted within 30 days.
Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are h r y copted. You are authorized to de
the work as specified. Payment will be made as outlined above. [.?
_ _( Signotvre_ fi`r' ?'?+
^? /-
Date of Acceptancc?
((( t Signature
7032 Bates Drive
Annvilte, PA 17003
c' ~
And-" 03 3:32PM; Pape 3.5
Rug. 12 2003 01:43PM P2
To tcn Z
Heating & Cooling, Inc.
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Phona: (717) 533.4777
Pox; (717)533.2067
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-04128 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TOTAL HEATING AND COOLING INC
VS
KENES ADIN S ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KENES ADIN S TDBA ADIN KENES BUILDERS the
DEFENDANT , at 1704:00 HOURS, on the 27th day of August 2003
at 429 BERNHEISEL BRIDGE ROAD
CARLISLE, PA 17013 by handing to
KAREN KENES, BOOKKEEPER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.83
Affidavit .00
Surcharge 10.00
.00
32.83
Sworn and Subscribed to before
me this 1'7 ? day of
J-1671-1-111- 12 03 A. D.
L o on O..i
/ Prot thonotary'spry
So Answers:
R. Thomas Kline
08/28/2003
STEVEN HOWELL
By:
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-04128 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TOTAL HEATING AND COOLING INC
VS
KENES ADIN S ET AL
CPL. MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KENES KELLY M TDBA ADIN KENES BUILDERS
the
DEFENDANT , at 1704:00 HOURS, on the 27th day of August 2003
at 429 BERNHEISEL BRIDGE ROAD
CARLISLE, PA 17013 by handing to
KAREN KENES, BOOKKEEPER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this / le/ day of
, „ .200-3 A.D.
///?a.?, n )241/14iu 1.Ypsy
PYothonotary '
So Answers:
R. Thomas Kline
08/28/2003
STEVEN HOWELL
By:
Deputy Sheriff
TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
VS.
ADIN S. KENES AND KELLY M.
KENES T/D/B/A
ADIN KENES BUILDERS
DEFENDANTS
TO:
Adin S. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Kelly M. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Adin Kenes Builders
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03 - 4128 CIVIL TERM
CIVIL ACTION - LAW
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer's Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
vs.
ADIN S. KENES AND KELLY M.
KENES T/DB/A
ADIN KENES BUILDERS
DEFENDANTS
TO:
Adin S. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Kelly M. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Adin Kenes Builders
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03 - 4128 CIVIL TERM
CIVIL ACTION - LAW
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer's Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
BY:
Date: September 25, 2003
Certificate of Service
'619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
I hereby certify that on the date set forth below a true and correct copy of the foregoing
document was served upon all interested parties or counsel of record via postage prepaid, first
class United States Mail addressed as follows:
Adin S. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Kelly M. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Adin Kenes Builders
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
BY:
SteveS Howell, Esquire
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
Date: September 25, 2003
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TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
vs.
ADIN S. KENES AND KELLY M.
KENES T/D/B/A
ADIN KENES BUILDERS
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03 - 4128 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE TO ENTER A DEFAULT JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter a default judgment against the Defendants Adin S. Kenes and Kelly M.
Kenes t/d/b/a Adin Kenes Builders for their failure to file any response to the Complaint. A
Complaint was served on August 27, 2003. I HEREBY CERTIFY THAT a Notice of
Intention to Take a Default Judgment was served on September 25, 2003 and filed September
26, 2003. I HEREBY CERTIFY THAT A COPY OF THIS NOTICE OF INTENTION TO
TAKE A DEFAULT JUDGMENT WAS ALREADY FILED OF RECORD ON
SEPTEMBER 26, 2003 WITH THE PROTHONOTARY AS SHOWN ON THE
ATTACHED TIME STAMPED COPY. No response having been filed or served, please enter
a default judgment against the Defendants for $16,792.97 as shown below:
to Plaintiff
7.62 from 6/17/03
0*A
CAL DUE PLAINTIFF
0•M
15,450"0o929 64+
300x00+
16967`)?541?1
$15,450.00
$ 929.64 (122 Days from 6/17/03 - 10/17/03)
$ 300.00 (See 12 of Contract) $ 55.50 Piodionouuy Filing Pkx v "y k -
$ 18.83 ShcrZN Cusis CaKv ca r
$ 9.UU Prothonotary Judguiem FC
s46,792:9-7-As of October 179 2003 K ?f
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Respectfully submitte
By:
ven Howell, Es ire
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
6I&
Late: O,Lvoer zL, 2003
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TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
VS.
ADIN S. KENES AND KELLY M.
KENES T/D/B/A
ADIN KENES BUILDERS
DEFENDANTS
TO:
Adin S. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Kelly M. Kenes
429 Bernheisel Bridge Road
Carlisle. Pennsylvania 17013
Adin Kenes Builders
429 Bembeisel Bridge Road
Carlisle, Pennsylvania 17013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE. A
JUDGMENT MAYBE 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 FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer's Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
i
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY.
PENNSYLVANIA
NO. 03 - 4128 CIVIL TERM
CIVIL ACTION - LAW
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Date: September 25, 2003
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the foregoing
document was served upon all interested parties or counsel of record via postage prepaid, first
class United States Mail addressed as follows:
Adin S. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
BY:
Kelly M. Kenes
429 Berttheisel Bridge Road
Carlisle, Pennsylvania 17013
Adin Kenes Builders
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
BY:
tev Howell, /squire
/New 19 Bridge Street
Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
I
Date: September 25, 2003
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U.S. POSTAL SERVICE CERTIFICATE OF M,
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,
PROVIDE FOR INSURANCE-POSTMASTER
Reca,ve Steer, Howell
Attorney At Law
619 Bridde Street
New Cumherla nd, PA 17070
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT
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Attorney At Law
619 Blicloe Street
New C,rn6erland, PA 17070
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TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
Vs.
ADIN S. KENES AND KELLY M
KENES T/D/B/A
ADIN KENES BUILDERS
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03 - 4128 CIVIL TERM
CIVIL ACTION - LAW
ENTRY OF JUDGMENT
TO:
Adin S. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Kelly M. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Adin Kenes Builders
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
YOU ARE HEREBY NOTIFIED THAT ON OCTOBER 01-?, 2003 THE
FOLLOWING JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE
CAPTIONED CASE.
Principal Due Plaintiff $15,450.00
Interest at $7.62 from 6/17/03 $ 929.64 (122 Days from 6/17/03 - 10/17/03)
Legal Fees $ 300.00 (See ¶2 of Contract)
Court Costs $ 55.50 Prothonotary Filing rcc -
$ '48.83 Sheriffa Cocts
$ 9.00 Prothonotary Judgment F?;e
TOTAL DUE PLAINTIFF %` As of October 17, 2003
DATECEe- - BY: r?t Ll,
Prothonotary
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I HEREBY CERTIFY THAT THE NAME/S AND ADDRESS OF THE PROPER
PERSON TO RECEIVE THIS NOTICE IS/ARE:
Adin S. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Kelly M. Kenes
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Adin Kenes Builders
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
DATE: October 17, 2003
BY:
ven Howel , s ue
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Prothonotary
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
TOTAL HEATING AND COOLING INC.
...........................................
PLAINTIFF
VS. >
ADIN S. KENES,,AND, ,KELLY, .M., , KENES
T/D/B/A KENES BUILDERS
ADIN
DEFENDANTS .............................
IN THE COURT OF COMMON PLEAS OF
116XK COUNTY, PENNSYLVANIA
CUMBERLAND
Judgment No..03,-.41.2.8. ..Term, 19 .....
PRAECIPE FOR WRIT OF EXECUTION
(MONEY JUDGMENT)
To the Prothonotary; ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
CUMBERLAND
(1) Directed to the Sheriff of ............................... County, Penna.;
(2) against ..... ADIN. S...KENES..AND. .KELLY. .M.- . KENES. TDBA..ADIN. KENES ...........
BUILDERS
...................................................................... Defendant(s);
WAYPOINT BANK
(3) and against .......................................................................... Garnishee(s);
(4) and index this writ
(a) against..Defendants'..accDUnt..l,ocat.ed..at. Naypoint1.9,Q0.Q2.49.65..........
...................................................................... Defendant(s) and
T
(b) against..... WAYP......OIN ....................................................
7 West ?ff BANK
1 gti 'Street
.... Carlisle.,.. PA.. 1.7.0.1.3 .......................................... Garnishee(s),
as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property)'
(5) Amount due
Interest from (7,62 per diem from
10/18/03
...$......9.1..4.4...
Total ... $.1.4,,,771., 08 , , , Pius costs.
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Dated .... ko/ zglb s .................. .. .............
////// Attorney for Plainli fts)
teven 9 B Howell, Esquire
NOTE 1
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idge Street
Under paragraph (n when the writ is directed to the sheriff of another county as 619 thw onaed byu mne 1131r?anc?e,
(b), t co?A I sh9a9? tYdicaud.
de C?
Under Rule 3103(<) a writ issued on a Erin ferrred judgment may be direct ed to the sheriff of the couy?t D • c 35sµ1 6 3
Paragraph (3) above should be completed only if a named garnishee is to be included in the writ •
''77 b L (n? ']
Paragraph (a) (a) above should be completed only if indexing of the execution in the county of itsols c, is de)red 7 a Mon" y Z, 3104(a).
When the writ issues to another county indexing is required as of course in that county by t he prothonotary. See Rule 3104(b).
Paragraph (Q (b) should be completed only if real property in the name of the garnishee is at Inched and indexing as a lis pendes is desired. Sec R ule 3104(c 1.
' 8...$1.6,679..64,..
•A description of specific property to be levied upon or attached may be set forth in the praecipt, or included by exhibit attached,
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 03-4128 Civil
CIVIL ACTION-LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TOTAL HEARING AND COOLING INC., Plaintiff (s)
From ADIN S. KENES AND KELLY M. KENES T/DB/A KENES BUILDERS, 429
BERNHEISEL BRIDGE ROAD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of WAYPOINT BANK, 17 WEST HIGH STREET, CARLISLE, PA 17013 - INTERROGATORIES
- DEFENDANTS' ACCOUNT LOCATED AT WAYPOINT 1900024968
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 $16,679.64
L.L. $.50
Interest FROM 7.62 PER DIEM FROM 10/18/03 - $91.44
Atty's Comm % Due Prothy $1.00
Atty Paid $130.83
Other Costs
Plaintiff Paid
Date: OCTOBER 30, 2003
(Seal)
REQUESTING PARTY:
Name STEVEN HOWELL, ESQUIRE
Address: 619 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-1277
CURTIS R. LONG
Prothonota n
`Rv:n?
Deputy
C21.Y. r
Supreme Court ID No. 62063
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2003-04128 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
TOTAL HEATING AND COOLING INC
VS
KENES ADIN S ET AL
And now CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:45 Hours, on the 4th day of November , 2003, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
KENES ADIN S TDBA ADIN KENES BUILDERS in the
hands, possession, or control of the within named Garnishee
WAYPOINT BANK 17 W. HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
LINDA JULIUS (BRANCH MANAGER) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So r
Docketing .00 ,
Service .00 "Mr
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
00
00/00/0000
Sworn and subscribed to before me
this /yam day of
euc,
.2vvi A. D.
_4
Pr onotl'•ary ?
By
eD6e*putSherifYf
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2003-04128 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
TOTAL HEATING AND COOLING INC
VS
KENES ADIN S ET AL
And now CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:45 Hours, on the 4th day of November , 2003, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
KENES KELLY M TDBA ADIN KENES BUILDERS
hands, possession, or control of the within named Garnishee
WAYPOINT BANK 17 W. HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
LINDA JULIAS (BRANCH MANAGER)
in the
personally three copies of interogatories together with true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So,pM?
Docketing .00vs, .4
,..
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
00
00/00/0000
Sworn and subscribed to before me
By
this /y Y day o%,,,1,11d.. - "Deputy Sherif
2003 A.D. ? 1? 62
PrdtMonotary
TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
vs.
ADIN S. KENES AND KELLY M.
KENES T/D/B/A
ADIN KENES BUILDERS
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03 - 4128 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE TO ENTER JUDGMENT BY ADMISSION
AGAINST GARNISHEE WAYPOINT BANK
TO THE PROTHONOTARY:
Please enter a judgment by admission against WAYPOINT BANK in the amount of $4,953.80
by virtue of Garnishee's Answers to Interrogatories in Attachment as set forth in Exhibit "A".
By:
ven Howell, Esquire
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
Date: November 14, 2003
??? Way point
LOOK FOR US. WE'LL GET YOU THERE.
November 10, 2003
Steven Howell, Esquire
619 Bridge Street
New Cumberland, PA 17070
Interrogatories in Aid of
Execution
Total Heating and Cooling
Vs.
Adin S. & Kelly M. Kenes
Case No: 03-4128 Civil Term
Dear Steven Howell,
Enclosed is a copy of completed Interrogatories in Aid of
Execution for the above referenced case. Waypoint Bank is
exercising right to offset, being customers is indebted to us.
If you have any questions, please contact me at (717) 909-2652.
Sincerely.
Sandy eeyYolas
Waypoint Bank
Central Information Department Representative
WB
Attachment
PO. Box 1711, HARRISBURG, PENNSYLVANIA 171OS-1711
Toll Free 1-866-WAYPOINT (1-866-929-7G46). IN YORK AREA 717/815-4500 • www.wagpointbank.com
TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
VS.
ADIN S. KENES AND KELLY M.
KENES T/D/B/A
ADIN KENES BUILDERS
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03 - 4128 CIVIL TERM
CIVIL ACTION - LAW
kjtj6 e6PLAINTIFF'S INTERROGATORIES IN ATTACHMENT
TO: GARNISHEE WAYPOINT BANK
17 WEST HIGH STREET
CARLISLE, PA 17013
Defendant Adin S. Kenes (Account Number 1900024968)
429 Bernbeisel Bridge Road
Carlisle, Pennsylvania 17013
Kelly M. Kenes (Account Number 1900024968)
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
Adin Kenes Builders (Account Number 1900024968)
429 Bernheisel Bridge Road
Carlisle, Pennsylvania 17013
NOTICE TO ANSWER
YOU ARE HEREBY NOTIFIED THAT AS A GARNISHEE YOU ARE REQUIRED TO
ANSWER THE ATTACHED INTERROGATORIES AND PROVIDE THE REQUESTED
DOCUMENTS WITHIN TWENTY (20) DAYS AFTER SERVICE UPON YOU IN
ACCORDANCE WITH PA. R.C.P. 3144. FAILURE TO RESPOND AND PRODUCE THE
REQUIRED DOCUMENTS WITHIN TWENTY (20) DAYS MAY RESULT IN JUDGMENT
AGAINST YOU IN THE AMOUNT OF SIXTEEN THOUSAND SIX HUNDRED SEVENTY
NINE AND 641100 ($16,679.64) DOLLARS PLUS COURT COSTS AND PER DIEM
INTEREST OF $7.62 FROM OCTOBER 17, 2003 WITHOUT FURTHER NOTICE.
1. At the time you were served or at any subsequent time did you owe the Defendant any
money or were you liable to it/him/her on any negotiable or other written instrument, or did
it/he/she claim that you owed the Defendant any money or were liable to it/him/her for any
reason? If so, state the exact amounts and circumstances:
4, nit h m) Knbwtd(?L
2. At the time you were served 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
persons/entities any property of any nature, including but not limited to funds on deposit in any
savings, checking, money market, statement savings or other financial account, owned solely or
in part by the Defendant? If so, describe all such property with specificity and provide the exact
locations and account numbers thereof:
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Lot) C? I?9? lJ
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3. 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 in which the Defendant held
or claimed any interest? If so, describe with specificity and provide the exact location thereof:
C,u-. 3 1 Owl)
IS m
?C rc iS 1 ?1 f Shf
to US.
4. At the time you were served or at any subsequent time did you hold as a fiduciary any
property in which the Defendant held any interest? If so, describe with specificity all such
property and provide the exact location thereof'
6, n6+ -? mt W(W?,
5. At any time before or after you were served did the Defendant transfer or deliver any
property to you or to any person or place pursuant to your direction or consent and what was the
consideration therefor? If so, describe all such property with specificity, provide the exact
location of all such property, and describe with specificity all such consideration, including
without limitation the exact amounts:
6. At any time after you were served did you pay, transfer or deliver any money or property
to the Defendant or to any person or place pursuant to its/his/her direction or otherwise discharge
any claim of the Defendant against you? If so, describe all such property and provide exact
amounts:
Pot I&LOW ?.
7. Describe in detail all accounts receivable, contract rights and other obligations, whether
pecuniary or not, owing from you to the Defendant and describe all documents or papers which
pertain, relate to, or evidence such accounts receivable, contract rights and other obligations
including but not limited to the dates, individual signers and specific contents of all such
documents and other papers.
b, naf ? en? ?"df
8. At the time you were served with these papers or at any later time was there in your
possession, custody or control or in the joint possession, custody or control of yourself and
another person or entity any property of the Defendant included but not limited to currency,
deposits, assignments, accounts payable, accounts receivable, tools, jewelry, vehicles, titles to
vehicle, deeds, or any other items regarding personal or real property?
\ ph1c_uj ?& QCW I C-;1
9. At any time before or after you were served did the Defendant transfer, mortgage or
deliver any property to you or to any person or place pursuant to your direction or consent? If so,
described all such transfers and property and provide the exact location of the property?
10. Identify (name, address, account number, telephone and account balance) any bank,
savings & loan, credit union, mutual fund, brokerage firm, insurance company or other financial
services/banking institution in which you have knowledge that the Defendant conducts or
transacts any business:
?0' pit 1-)0 fq Gwje-
11. Attach to your Answers to these Interrogatories the following documents:
(a) Copy of all account statements from January 1, 2003 up to the present time;
(b) Any loan applications including supporting materials provided by Defendant to
secure financing from Garnishee;
(c) Signature Cards and Account Application for Checking, Savings, Money Market
Account; and
(d) Last six (6) months of statements for any account (savings, checking, money
market etc.) owned jointly or individually by the Defendant.
BY:
ven well, uire
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Plaintiff
Date: October 29, 2003
n ' O
Z1r
I
7
/ i
_n 'F-1
TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
VS.
ADIN S. KENES AND KELLY M.
KENES T/D/B/A
ADIN KENES BUILDERS
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03 - 4128 CIVIL TERM
CIVIL ACTION - LAW
ENTRY OF JUDGMENT
TO: Waypoint Bank
c/o Sandy Reynolds
Central Information Department
P.O. Box 1711
Harrisburg, PA 17105-1711
YOU ARE HEREBY NOTIFIED THAT ON NOVEMBER 1, 2003 THE
FOLLOWING JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE
CAPTIONED CASE.
JUDGMENT BY ADMISSION OF $4,953.80 AS SET FORTH IN
RESPONSE TO INTERROGATORY NUMBER 2 BY GARNISHEE
WAYPOINT BANK. n
DATE: /t?rjV l?IaC?? BY: l J??J
Prothonotary
I HEREBY CERTIFY THAT THE NAME/S AND ADDRESS OF THE PROPER
PERSON TO RECEIVE THIS NOTICE IS/ARE:
Waypoint Bank
c/o Sandy Reynolds
Central Information Department
P.O. Box 1711
Harrisburg, PA 17105-1711
BY: J?
S Z Howell, s re
DATE: November 14, 2003
TOTAL HEATING AND COOLING
INC.,
PLAINTIFF
vs.
ADIN S. KENES AND KELLY M.
KENES T/D/B/A
ADIN KENES BUILDERS
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 03 - 4128 CIVIL TERM
CIVIL ACTION - LAW
RULE 236 NOTICE OF FILING JUDGMENT
Notice is hereby given that a judgment by admission based upon Answers to Interrogatories in
Attachment in the above captioned matter has been entered against you in the amount of
$4,953.80 on A?1() / ? , 2003.
A copy of all documents filed with the Prothonotary in support of the within judgment is/are
enclosed.
Prothonotary
By:
If you have any questions regarding this Notice, please contact the filing party:
Steven Howell, Esquire
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
This Notice is given in accordance with Pa. R.C.P. 236
Notice Sent To:
Waypoint Bank
c/o Sandy Reynolds
Central Information Department
P.O. Box 1711
Harrisburg, PA 17105-1711
Total Heating and Cooling Inc. FILED-- ! R
VS OF T14,E
Adin S. Kenes et al
Writ of Execution 2009 AUG 31 AM, I i 15
Docket No. 2003-4128 Civil Term CUM-
NJ `-y
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned ABANDONDED. No action has been taken in the last six months.
Sheriff's Costs:
Docketing
Surcharge
Garnishee
Prothonotary
Mileage
Levy
Poundage
So Answers:
$18.00
30.00
9.00
1.50
3.45
20.00
1.64
$83.59
?L
0
R. Thomas Kline, Sheriff
BY Qo'sxa .
Serge
tr o v Co
a s? ?L
N- -7
n th a I A d 3 4v