HomeMy WebLinkAbout03-4364COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HUDSON & KEYSE, INC.
Plaimiff
VS.
DONALD L. KUYKENDALL
CIVIL ACTION
Defendant
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 ATTORNEYS 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 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.
Court Administrator
Cumberland Coumy Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
AMATO AND MAJ~iiLE, P.C.
Ronald Amato
Attorney ID #32323
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HUDSON & KEYSE, 1NC.
Plaintiff
VS.
DONALD L. KUYKENDALL
Defendant(s)
CIVIL ACTION
COMPLAINT
The above Plaintiff brings this action against the above Defendant to recover
the sum of $18,417.98, with interest thereon as hereinafter stated, upon the following cause
of action:
1. The Plaintiff, HUDSON & KEYSE, INC. is located at 12775 Pearl Road,
CHARDON OH 44024.
2. The Defendant, DONALD L. KUYKENDALL is located at 126 East
Winding Hill Road, MECHANICSBURG PA 17055.
3. At the special instance and request of the Defendant, Household Finance
Consumer Discount Company, issued credit to Defendant as set forth in Personal Credit
Line Account Agreement. A true and correct copy of said agreement is attached hereto,
made a part hereof and marked Exhibit "A".
4. For value received, Household Finance Consumer Discount Company
assigned, transferred and set over to Plaintiff all its rights, title and interest in this claim.
5. By virtue of said assignment, Plaintiff acquired legal title to said Account, and
became the legal holder of the claim against the Defendant.
6. Defendant has not adhered to the agreed repayment obligations that govern the
aforesaid Agreement, by reason of which Defendant is in default thereof.
7. The Defendant received and accepted the credit advances described in Exhibit
"A", and a total amount which became due as a result thereof, after allowance for all proper
credits for payments and/or adjustments, if any, was $10,352.88.
8. Plaintiff is entitled to receive interest on the above amount determined by
applying the agreed interest rate of 14.90% per annum to the past due balance. As of August
29, 2003 the total amount of interest due to plaintiff is $4,648.65.
9. Plaintiff is entitled to have the 14.90% interest charge continue to accrue as set
forth above, from August 29, 2003 on down to the date of judgment in this matter.
10. In accordance with the aforesaid agreement, Defendant further agreed to pay
Plaintiff's reasonable attomeys' fees incurred in the collection of any balance due Plaintiff,
which total $3,416.45.
11. The Plaintiff has made demand against the Defendam for the aforesaid sum,
but Defendant failed or refused to pay the same or any part thereof.
WHEREFORE, Plaintiff demands judgment against the Defendant for $18,417.98
together with the continually accruing interest charge at the agreed rate of 14.90% per annum
from August 29, 2003, and cost of suit.
COUNT II
Alternative to Count I - Unjust Enrichment
12. Plaintiff incorporates the allegations of every paragraph enumerated above of
this Complaint as if said paragraphs were fully set forth here at length.
13. The goods, wares, merchandise, and/or services, described in the exhibits
attached hereto were purchased by Defendant, and Defendant received and accepted the
benefit of such goods, wares, merchandise, and/or services provided by Plaintiff.
14. At all times material hereto, Defendant was aware that Plaintiff was providing
the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff
expected to be paid for such.
15. At all times material hereto, Defendant, with the aforesaid knowledge,
permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services,
and to incur damages.
16. At all times material hereto, Defendant was unjustly enriched by retaining the
benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff
fair and reasonable compensation.
17. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's
expense, an implied contract exists between Plaintiff and Defendant, and Defendant is
obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares,
merchandise, and/or services described in the exhibits attached hereto, in the amount of
$10,352.88.
WHEREFORE, Plaintiff demands judgment against Defendant for $10,352.88
together with the continually accruing interest charge at the statutory rate of 6.00% per
annum from August 29, 2003, costs of suit and all other relief to which Plaintiff may be
justly entitled.
AMATO AND/~RGLE, P.C.
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
VERIFICATION
Joe Carroll , hereby states that he/she is the President
of Hudson & Keyse, IiJc. , Plaintiff in this action, and verifies
that the statements made in the attached Complaint are true and correct to the best of his/her
knowledge, information and belief. The undersigned understands that the statements herein
are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to
authorities.
PERSONAL CREDIT LINE ACCOUNT.AGREEMENT (Page I of 4)
CREDITOR (called .... "
We, Our,, "Us)
HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY
25 GATEWAY DRIVE
GATEWAY SQUARE/SUITE 107
MECHANICSBURG PA 13055
BORROWERS (called "You", "Your")
KUYKENDALL, DONALD L
~SS~ 263710@60
26 4TH AVE
WORMLEYSBURG PA 17043
LOAN NO: 7'713303-08-111124
.01 ANO OVER 2.000i% 24.000 %
In this Agreement, "you", "your" and ~"Borrower" mean the cnstomer(s) who signs this Agreement. "We", "us", "our" and
"Lender" refer to Household. This A~rcement covers the terms and conditions of your Household Personal Credit Line
Account. We want you to understan~l how your Personal Credit Line Account works. Read this carefully, ese us any
questions, and if you agree to b¢ bc and by this Agreement, sign below. If more than one person signs, each will be
responsible for repaying all sums adva aced under this Agreement.
Your Credit Line Account is a rcvolvi zg line of credit extended to you and secured es described below. You can obtain funds
from your Personal Credit Line Acco~ nt (up to your credit limit) directly from us or by using the special checks we supply
to you. You may pay your total unpaid balance at any time or in installments.
REQUIRED INSURANCE. You must obtain ilasurance for term of loan ~:o~ering security for this loan agr~ment as indicated by
tho word "Y~.~' below, naming us as Loss Payee:
PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 2 of 4)
Available Credit: You may obtain funds dire~ly from ~s or through your special checks up to your available credit. Each
check: must be written for at least $100.00. Your available credit is your credit limit (shown on page one) less the total
unpaid balance, including Finance Charges, of your Account. If you make loan payments by check, we will adjust your
available credit seven days after we receive your check to allow for check clearing. If you request funds in an amount that
would cause you to exceed your available credit, we are not obligated to honor your request. If we do lend you an amount
over your available credit, you agree to pay us that excens amount, plus Finance Charges, immediately.
Promise to Pay: You promise to pay Household: (a) amounts borrowed under this Agreement; (b) Finance Char~es,
Admimstrat~ve Charges (the late charge and bad check charge) and other charges provided in this Agreement; (c) credit
insurance charges, if any; (d) collection costs permitted by applicable law, including reasonable attorneys' fees; and (e)
amounts in excess of your credit limit that we may lend you, plus Finance Charges.
Pay~aents: You may repay your entire outstanding balance at any time without penalty. You may not use your special
c-h--~k'~'6'~ay any amounts due under this Agreement. Because the Finance Charge is computed each day, you will contact
us regarding the exact payoff amount for the day you intend to make full payment. If you do not pay the entire unpaid
balance on your Account at once, you agree to pay at least the minimum payment shown on your monthly statement.
Payments will be applied as follows: First, to any accrued but unpaid Finance Charges; Second, to any unpaid
Administrative Charges (the late charge and bad check charge); Third, to any unpaid credit insurance charges; and Fourth,
to the outstanding balance of your Account. Any part of your monthly payment to be applied to amounts borrowed on
your Account will be applied tn the amounts borrowed under your Personal Credit Line Account in the order in which the
amounts were borrowed. Any part of your monthly payment to be applied to Finance Charges will be applied in the same
Minimum Monthly Payment: The Minimum Monthly Payment for any billing cycle will be the greater of (1) the
greater of $2~ or the Payment Amount (as described below) plus any Administrative Charges and credit insurance charges,
rounded to the nearest $1; or (9) the Finance Charges due for the biliing cycle plus any Administrative Charges and credit
insurance charges; or (3) the amount of the Annual Fee aasez,sed to your Account. In each instance the Minimum Monthly
Payment wilt be adjusted to include any unpaid amounts due from previous billing cycles.
The Payment Amount depends on the monthly periodic rate applicable to your Account, and is calculated as follows:
Monthly Periodic Rate
through 1.33%
over 1.33% through 1.45%
over 1.45% through 1.57%
over 1.57% through 1.70%
over 1.70% through 1.83%
over 1.83% through 1.95%
over 1.95%
Payment Amount
1.43% of Account Balance
1.55% of Account Balance
1.67% of Account Balance
1.80% of Account Balance
1.93% of Account Balance
2.00% of Account Balance
2.15% of Account Balance
Finance Charges: This is the interest charged on the balance of your Account during each billing cycle. The Finance
Charge ts calculated from the crate that each advance, check or charge is posted to your Account. The Finance Charge is
computed by multiplying the average daily balance in your Account in each billing cycle times the monthly periodic
rate stated on page one. The average daily balance is determined by totaling all daily unpaid balancea in each billing
cycle and dividing the total by the number of days in that cycle (but not less than thirty). A daily unpaid balance is
the amount owed each day, excluding any unpaid Finance Charge, Administrative Charges, and credit insurance charges
for prior billing cycles.
Annual Fee: You agree to pay an Annual Fee as stated on page one for participation in this revolving credit plan.
'lhe lmttal Annual Fee is stated on page one and is due and payable on the date that your Account is established, and
the subsequent Annual Fee stated on page one is due and payable on the same day of each subsequent year. You agree
that this fee may be charged to your Account balance.
Bad Check Charge: If you pay by a check which is returned for any reason, you agree to pay a bad check charge of
$20.
Late Charge: If you do not pay ar.y required Minimum Monthly Payment within 15 days after it is due, you agree to
pay a late charge of 10% of ~e Minimum Monthly Payment due or $20, whichever is greater (excluding any unpaid
late charges and amounts due from .~rior billing cycles).
09-29-97 L/$ PA PA05Sgi2
RL F Non-RE
PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 3 of 4)
Other Charges: You agree to pay any amounts actually incurred by Household for services rendered in connection with
the Personal Credit Line Account for fees paid to public officials in connection with perfecting, recording, releasing or
satisfying a security interest in the security. You agree that these fees may bo charged to your Account balance.
Exchange of Information: You understand that from time to time we may receive credit information concerning you
from others, such as stores, other lenders, and credit reporting agencies. You authorize us to share any information, on a
regular basis, we obtain related to yodr Account, including but not limited to credit repOrts and insurance information,
with any of our affiliated corporation~, subsidiaries or other third parties. The me* of this information may include an
inquiry to determine if you qualify !or additional offers of credit. You also authorize us to share any information
regarding your Account witi~, any of ot/r affiliated corporations, subsidiaries or other third parties. After September 29;
1997, you may prohibit the sba{lng of such information (except for the sharing of information about
transactions or experiences betweeh us and you) by sending a written request which contains your full name,
Social Security Number and AddreSs to us at P.O. Box 8602, Elmhurst, IL 60126.
If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be
sobmitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent
of such department) may release yom' residence address to u~, should it become necessary to locate you. You agree that
our supervisory personnel may listen: to telephone calls between you and our representatives in order to evaluate the
quality of our service to you.
Termination and Changes in the 2~greement: We can terminate your right to oblain additional advances or
change thc terms of this Agrecmegt, including increasing the rate of Finance Charge at any time. Prior written
notice will bc given to you when required by applicable law unless you consent to the change before that time.
Changes may apply to both new and outstanding balances unless prohibited by applicable law.
Default and Cancellation of Agreement: We have the right to require you to pay your cntir0 balance plus all other
accrued but unpatd charges lmme~:hately end/or to cancel your credit privileges under this ~.grsement because of:
(a) failure to make any payments in full when due under this Agreement;
(b) frequent overdrawing of your line of credit;
(c) failure to supply us with any information requested;
(d) supplying us with mlslead/ng, f~Ise, incomplete or incorrect information;
(e) breaking any of the promises, terms or conditions that are contained in this Agreement;
(f) the filing of a bankruptcy petitign by or against you;
(g) the death of any borrower who Signs this Agreement; or
(h) the sale or transfer of any interest in the property securing this agreement (this includes the creation of a
subordinate lien).
After default, you will pay our Court costs, reasonable attorney fees (if attorney is not our salaried employee), and other
collection costs related to the default, if not prohibited by applicable law.
Any balance outstanding under '-his Agr~ment when the credit limit is terminated will continue to accrue interest at the
contract rate until paid in full.
YOUR BILLING RIGHTS
· KEEP THIS NOTICE FOR FUTURE USE
This notice contains importan', imformation about your rights and Household's r~spOnsibilities under the Pair Credit
Billing Act.
Notify Household In Case of Errors or Questions About Your Bill
If you thin'.< your bill is wrong, or if you need more information about a transaction on your bill, write Household on a
separate sheet at ~e address lis-ed on your bill after the words: 'Send your billing error notice to: (Household's, name and
addr~s).' Write to Household ~s soon as possible. Household mu~t hear from you no later than 60 days after Household
sent you the first bill on which the error or problem appeared. You can telephone Household, but doing so will not
preserve your rights.
NOTICE: SEE THE FOLLOWING PAGE FCR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGAROING YOUR RIGHTS TO DISPUTE BILLING
09-29-97 [/$ PA PA056343
RL F Non-RE
PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 4 of 4) '~
In your let~r, give Hou~hold the following information:
· Your name and account nu:mber.
· The dollar amount of the suspected ~rror.
· Describe the error and explain, if you can, why you believe there is an error. If you ne~d more information, describ~ the
item you are not sure about.
Your Rights and Household's Responsibilities After Household Receives Your Written Notice
Household must acknowledge your letter within 30 days, unless Household has corrected the error by then. Within 90 days,
Household must ~ither corre~t the ~rror or explain why Household bclieve~ the bill was correct.
After Household receive~ your letter, Household cannot try to colle~ any amount you qu~ion, or report you as
d~Iifiquent. Ho~hold can continue to bill you for the amount you question, including finance charges, and Household can
apply any unpaid amount against your credit limit. You do not have to pay any questioned amount wMle Household is
investigating, but you ace still obligated to pay the parts of your bill that are not in question.
If Household finds that Household made a mistake on your bill, you will not have to pay any finance charges related to any
questioned amount. If Household did not make a mistake, you may have to pay finance charge~, and you will have to make
up any missed payments on the questioned amount. In either case, Household will .~nd you a statement of the amount you
owe and the date that it is due.
If you fail to pay the amount that Household thinks you owe, Household may report you as delinquent. However, if
Household's explanation doe~ not ~atiaty you and you write to Household within ten days telling Household that you still
refuse to pay, Household must tell anyone Household reports you to that you have a question about your bill. And,
Household must tell you the name of anyone Household reported you to. Household must tell anyone Ho~hold reports
you to that the matter has be~n settled b~twecn ua when it finally is.
If Household doesn't follow these rule~, Household can't colle~t the first $$0 of the questioned amount, even if your bill
Before signing this Agreement, you have read and received this Agreement and thc Eederal Truth-In-Lending
disclosures contained in it.
You, the customer(s) signing below, agree to observe the terms and conditions of this Agreement.
This Agreement is entered under the applicable provisions of Federal law and the Pennsylvania Consumer
Discount Company Act.
~'fomer Stgnature Customer Signature
Witness: (. h/~//~ / (SEAL) (SEAL)
(SEAL) (SEAL)
09-29-97'LIS PA PA056344
RL F Non-RE
OPTIONAL CREDIT INSURANCE DISCLOSURE
(REVOLVING LENDING)
LENDER (Called 'We'):
HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY
25 GATEWAY DRIVE
GATEWAY SQUARE/SUITE
MECHANICSSURG PA 17055
BORROWER(S) (Called "You", "Yours"):
KUYKENDALL, OONALD L
20 4TH AVE
WORMLEYSBURG PA 17043
LOAN DATE:
LOAN NO.
02116/99
713303-08-111124
NO CREDIT INSURANCE REQIjlRED. Premiums are computed on (I) the average daily balance of the Account for
each current billing cycle, (2) any Finance Charge due in the billing cycle, and (3) any accrued and'unpaid Insurance
Premiums and Finance Charges for prior billing cycles, at the following rates:
Please check coverage desired:
[] Single Life Premium - $ O. 705
[] Joint Spouse Life Premium - $ 1. 233
[] Single Disability Premium - $ 1 , 357
[] Single Unemployment Premium - $ 2.040
[] No Insurance
per'S1,000 per month
per $1,000 per month
per $1,000 per month'
per $1,000 per month
Disability insurance begins on the 30th day of total disability retroactive tO the first day. You understand this is the
only credit insurance we offer andiwe {or buyer of this contract) expect to profit from its sale. You consent to
this. You are not eligible for insurance after you have reached your (65th) birthday and insurance will stop
when you reach that age. I~ you have an existing balance, you also want insurance on that balance. You may cancel this
insurance anytime. (See Policy or Certificate for details.) If you complete an application for insurance, there will be no
coverage until the insurer approve your application. We want you to be satisfied with the insurance you have
purchased. We urge you to examine it closely. If for any reason you are not satisfied, you may cancel within
30 days and any premium paid will be refunded in full. Simply notify Lender or the insurer.
· For 30-Day Retroactive
Date of Bi.h
Spouse
(Life Only)
Date of Birth
08-24-98 INS OISC
PA029431
(Page 2 of 2)
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
11222 Quail flooat Drive, Miami, FI. 33157-6596
PENNSYLVANIA
INVOLUNTARY UNEMPLOYMENT
Please Check One
I hereby make application to American Bankers Insurance Company of Florida for Involuntary
--Unemployment Insurance to provide protection for my account which is the subject of the
extension of credit to me. I fully understand that the purchase of this insurance is voluntary
and not a requirement for the extension of credit.
2. I elect to decline to purchase such insurance. I fully understand that in the event of my
/ involuntary unemployment, I will be required to continue meeting my monthly account payments.
I hereby de~lare that I have read or had read to me this statement before appending my signature
hereto.
Date
08-24-98 INS 0{SC ?A029432
ORJBINAL
I
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-04364 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLA=ND
HUDSON & KEYSE INC
VS
KUYKENDALL DONALD L
RICHARD SMITH ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE
KUYKENDALL DONALD L
DEFENDANT at 1142:00 HOURS,
at 126 EAST WINDING HILL ROAD
MECHANICSBURG, PA 17055
DONALD KUYKENDALL
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 9th day of September, 2003
by handing to
& NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 7.59
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
35.59 09/10/2003
Sworn and Subscribed to before
me this ?g ~ day of
.~b~. ~3 A.D.
~ /Prothonotary '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL. ACTION - LAW
HUOSON & KEYSE, INC. :
Plaintiff : No. 03-4364-Civil
VS. :
:
DONALD L. KUYKENDALL :
: CIVIL ACTION
:
:
:
Defendant :
NOTICE OF JUDGMENT
(XX)
()
NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED
MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s)
IN THE AMOUNT OF $18,694.24 ON ~1, 2003.
A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF
CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN
JUDGMENT IS/ARE ENCLOSED.
PROTHONOTARY - CUMBERLAND COUNTY
If you have any questions concerning the above, pJease contact the undersigned.
AMATO AND MA~I~GLE, P.C.~
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HUDSON & KEYSE, INC. :
Plaintiff : No. 03-4364-Civil
DONALD L. KUYKENDALL :
: CIVIL ACTION
Defendant :
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY, CUMBERLAND COUNTY:
Kindly enter judgment by default for want of an answer in favor of Plaintiff and against
the above-named defendant(s) only and assess damages as follows:
Debt
Interest (from August 29, 2003 to October 10, 2003
at 14.90% per annum)
Payments
918,417.98
276.26
Total $18,694.24
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM
CERTAIN FROM THE COMPLAINT.
Pursuant to RCP 237.1, I certify that a copy of the annexed written notice(s) of intention to
file this praecipe was mailed or delivered to all parties against whom judgment is to be entered
and to their attorney of record, if any, after the default occurred, and at least ten days prior
to the date of filing of this praecipe. Please note that said notice was mailed to all parties on
September 30, 2003.
Dated: October 10, 2003
2024294
AMATO AND MARGLE, P.C.
By: ~
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVII~ ACTION - LAW
HUDSON & KEYSE, INC. :
Plaintiff : No. 03-4364-Civil
DONALD L. KUYKENDALL :
: CIVIL ACTION
Defendant :
CERTIFICATION OF ADDRESSES
I do certify that the precise last known address of the within named plaintiff is:
12775 Pearl Road
CHARDON OH 44024
I do certify that the precise last known address of the within named defendant is:
126 East Winding Hill Road
MECHANICSBURG PA 17055
AMATO AND M~iLE, P.C._,,~
By: ~'~~
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HUDSON & KEYSE, INC. :
Plaintiff : No. 03-4304-Ci¥il
VS.
DONALD L. KUYKENDALL
Defendant(s)
: CIVIL ACTION
:
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA .'
COUNTY OF NORTHAMPTON .'
The undersigned, being duly sworn, according to law, deposes and says that the
Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or
otherwise within the provisions of the Soldiers and Sailor' Civil Relief Act of Congress of
1940 as amended;
That Donald L. Kuykendall is over 18 years of age, resides at 126 East Winding Hill
Road, MECHANICSBURG PA 17055 and is employed
Sworn to and subscribed
before me this \-'~ day
of ~o~ 2003 A.D,
NOTARIAL SEAL
GEOFFREY G BCHOI:NE(~K
Notary Public
HANOVER TOWNSHIP, NORTHAMPTON CNTY
My Commission Expires Mar 29, 2004
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HUDSON & KEYSE, INC.
Plaintiff
VS.
DONALD L. KUYKENDALL
Defendant
No. 03-4364-Civil
TO:
Donald L. Kuykendall
126 East Winding Hill Road
MECHANICSBURG PA 17055
Date of Notice: September 30, 2003
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 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, 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.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
Attorney File#2024294
AMATO AND MARGLE, P.C~
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HUDSON & KEYSE, INC. :
Plaintiff :
:
DONALD L. KUYKENDALL :
:
:
Defendant(s) :
No. 03-4364-Civil
PRAECIPE FOR WRIT
EXECUTION
(MONEY JUDGMENT)
To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE
MATTER.
(1) Directed to the Sheriff of Cumberland County, for debt, interest and costs upon the
following described property of the defendant(s) All cash on hand or in the possession of the
defendant(s), accounts receivables, furniture, furnishincls, eauipment, inventory, tools,
vehicles, electronic eauipment, any and all other personal property belonoin~ to the above-
named defendant(s).
(2) against DONALD L. KUYKENDALL, Defendant(s)
(3) and against ........................................ Garnishee(s)
(4) and index this writ
(a) against .................................. Defendant(s) and
(b) against ....................................... 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 the property)
(5) Amount Due $ 18,694.24
Statutory Interest
From October 21, 2003
753.83
Less Payment $ 0.00
Costs
Poundage
Total $ 19,448.07
Date:June 21, 2004
Attorney File#: 2024294
AMATO AND MARGLE, P.C.~
By: ~
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HUDSON & KEYSE, INC. :
Plaintiff : No. 03-4364-Civil
DONALD L. KUYKENDALL :
: CIVIL ACTION
Defendant(s) :
CERTIFICATION OF DEFENDANT(s) ADDRESS FOR SERVICE
I do certify that the precise last known address of the within named defendant(s) is the
address provided below, and request that the Sheriff serve the above named defendant(s) at:
126 East Winding Hill Road
MECHANICSBURG PA 17055
Dated:June 21, 2004
AMATO AND MARGLE, P.C.
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
Attorney File #:2024294
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-4364 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HUDSON & KEYSE, INC., Plaintiff (s)
From DONALD L. KUYKENDALL, 126 EAST WINDING HILL ROAD, MECHANICSBURG,
PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND
OR IN THE POSSESSION OF THE DEFENDANT(S) ACCOUNTS RECEIVABLES,
FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICLES,
ELECTRONIC EQUIPMENT, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING
TO THE ABOVE-NAMED DEFENDANT(S).
(2) You are also directed to attach the property of the defendant(s) not levied upon m 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 garmshee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
AmountDue $18,694.24 L.L. $.50
Interest STATUTORY INTEREST FROM 10/21/03 - $753.83
Atty's Corem % Due Prothy
Atty Paid $117.59 Other Costs
Plaintiff Paid
Date: JUNE 25, 2004
(Seal)
CURTIS R. LONG
Protho o
Deputy
$1.00
REQUESTiNG PARTY:
Name RONALD AMATO, ESQUIRE
Address: AMATO AND MARGLE, P.C.
107 N. COMMERCE WAY, SUITE 100
BETHLEHEM, PA 18017
Attorney for: PLAINTIFF
Telephone: 610-866-0400
Supreme Court ID No. 32323
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
TOTAL
18.00
2.05
10.00
.50
1.00
17.76
20.00
20.00
15.00
$ 104.31
Advance Costs: 150.00
Sheriff's Costs: 104.31
$ 45.69
Refunded to Atty on 08/13/04
Sworn and Subscribed to before me
This 30 day of f'~,,~ __
tPr6thonotary ·
So Answers;
By Claudm A. Brewbaker