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HomeMy WebLinkAbout01-6324IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, VS. Plaintiff, FREDERICK KEPPLEY, Individually and d/b/a ELITE COATING OF PA, Defendant. CIVIL DIVISION NO. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF: THE SHERWIN-WILLIAMS COMPANY, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Derek J. Ferace, Esquire PA I.D. No. 83732 McGRATH & ASSOCIATES, P.C. 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, Pennsylvania 15222 TELEPHONE NO.: (412) 281-4333 FIRM NO.: 025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, vs. Plaintiff, FREDERICK KEPPLEY, INDIVIDUALLY and d/b/a ELITE COATING OF PA, Defendant. CIVIL DIVISION NO.: OI-L~V NOTIQ_~ TO DEFEND 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 THE COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND THE 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 ANT MONEY CLAIMED IN THE COMPLAINT OR FOR ANY CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW AN LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE PENNSYLVANIA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PA 17108 (800) 692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, vs. Plaintiff, FREDERICK KEPPLEY, Individually and d/b/a ELITE COATING OF PA, Defendant. CIVIL DIVISION NO.: OI- COMPLAINT IN CIVIL ACTION NOW COMES, the Plaintiff, The Sherwin-Williams Company, by and through its attorneys, McGrath & Associates, P.C., and files this Complaint in Civil Action and in support thereof states as follows: 1. The Sherwin-Williams Company is a corporation organized under the laws of Pennsylvania with offices located at 313 Technology Drive, Malvern, Pennsylvania 19355 (hereinafter referred to as "Plaintiff"). 2. Frederick Keppley is an individual who does business as Elite Coating of Pa with an address located at 180 Virginia Avenue, Carlisle, Pennsylvania 17013 (hereinafter referred to as "Defendant"). 3. On or about July 28, 1998, Defendant executed a Coramercial Credit Application requesting Plaintiff to extend credit to Defendant for the purchase of paint and related materials. A true and correct copy of the Credit Application is attached hereto, made a part hereof, and marked as Exhibit ~A." 4. The terms of the above-referenced Credit Application provide; "If credit is granted, I/we understand that the terms of the sale are net 20th of the month following purchase." 5. Plaintiff extended credit request, for the purchase of paint total unpaid amount of $4,108.43. to Defendant, at Defendant's and related materials in the for 6. The latest date that payment was due without default any of the above referenced amount was May 20, 2001. 7. Plaintiff has made demand on Defendant for the above amount on numerous occasions. 8. Defendant has defaulted on its payment obligations by refusing, and continuing to refuse, to tender payment of the above amount. 9. Pursuant to the terms of the Credit Application, Plaintiff is entitled to collect interest on the past due balance at the rate of 1.5% per month totaling $308.13 as of October 20, payment of 200 and continuing at entered. 10. Pursuant to Credit Application, reasonable attorneys' representing the rate of $2.05 per diem until judgment is Defendant's default and the terms of the Plaintiff is also entitled to collect fees which are estimated to be $883.31 20% of the unpaid balance. 2 WHEREFORE, the Plaintiff, The Sherwin-Williams Company, demands judgment against Defendant, Frederick Keppley i/d/b/a Elite Coating of PA in the amount of $4,108.43, plus interest of $308.13 through October 20, 2001 and continuing at the rate of $2.05 per diem until the date of the judgment, fees estimated to be $883.31, plus costs. plus reasonable attorneys' post-judgment interest and McGRATH & ASSOCIATES, P.C. ~Derek J. Ferret, Esquire Pa. I.D. No. 83732 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, PA 15222 (412) 281-4333 Firm No. 025 3 ~"ROM': 'PITTSBLI~ Ci~IT FROM : $~,erwJn Willla~ fl .~1 JUL. 5.2B01 4:~IPM P ~ BANK li4MBr, IIARN/tNQIA~Sff'K~B~dNqTAyAILA~L,~ DYill E'INO I'r'YeO, PI.O~a~ATI*AC,I,IAI,~:)PYOFYOURMO~'TP.~P~IJddE~i4L~TATIUINT gET-23-01TUE 03:47 ?M Mc6rath & fissocia~.s FfiX NO, 4122812141 P, 09 VERT FJ3:I) ST A?3~. [, Douglas Do,bow, am duly authorized to make this Verified ~H atr:m~.,nt on beh~lf of The Shezwin-Williams Company, and I hereby v~:~'¥ t.h~ th¢~ s[:atementa set llorth in the foregoing complaint .tn C~v~[I. Ac~'.~or~ ar¢~ true a~d correot to the beat of my k~owledge, l und~.rsLand that ~alse statements made hero%n a~e subJec~ to I' ~a.C.S,.~4904, relating to unsworn fal$if, ication tho p~n~.~l ies o~ ].8 ~ CoK3ection Manager The Shurwin-Williama Company SHERIFF'S RETURN - CASE NO: 2001-06324 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERWIN-WILLIAMS COMPANY THE VS KEPPLEY FREDERICK I/D/B/A ELIT REGULAR KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon KEPPLEY FREDERICK I/D/B/A ELITE COATING OF PA the DEFENDANT , at 0840:00 HOURS, on the 13th day of November at CUMBERLA/qD CO SHERIFF'S OFFICE ONE COURTHOUSE SQ 2001 CARLISLE, PA 17013 FREDERICK KEPPLEY a true and attested copy of by handing to 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 00 00 10 00 00 28 00 Sworn and Subscribed to before me this ~ ~ day of ~,~_~ ~ ~f A.D. / ~rothonotary , t So Answers: R. Thomas Kline 11/13/200i MCGRATH & ASSOC By: ~D~t~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, VS. Plaintiff, FREDERICK KEPPLEY, Individually and d/b/a ELITE COATING OF PA, Defendant. CIVIL DIVISION NO. 01-6324 TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF: THE SHERWIN-WILLIAMS COMPANY, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Derek J. Ferace, Esquire PA I.D. No. 83732 McGRATH & ASSOCIATES, P.C. 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, Pennsylvania 15222 TELEPHONE NO.: (412) 281-4333 FIRM NO.: 025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, VS. Plaintiff, FREDERICK KEPPLEY, Individually and d/b/a ELITE COATING OF PA, Defendant. CIVIL DIVISION NO.: 01-6324 PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a default judgment in the above-captioned case in favor of Plaintiff, The Sherwin-Williams Company, and against the Defendant, Frederick Keppley i/d/b/a Elite Coating of PA, in the amount of: Principal Interest to 12/18/01 Attorneys' Fees (20%) Total plus post-judgment interest and costs. $ 4,108.43 429.08 907.50 $ 5,445.01 McGRATH & ASSOCIATES, P.C. --~--D~ J. Ferace, /K~quire Attorneys for Plaintiff 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, Pennsylvania 15222-2102 Telephone (412) 281-4333 AFFIDAVIT OF NON-MILITARY SERVIC~ AND CERTIFIC2%TION OF F~%ILING OF NOTICE OF INTENT TO TAKE DEFAULT COMMONWEALTH OF PENNSYLVANIA } } COUNTY OF ALLEGHENY } SS: Before me, the undersigned authority, a Notary Public, in and for said County and State, personally appeared Derek J. Ferace, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant, Frederick Keppley, is not in the military service of the United States of A~nerica to the best of his knowledge, information and belief and certifies that the Notices of Intent to Take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this f ~ day of ~ , 2001. Notary Public Notarial Seal Gary W. Darr II, Notary Public _Pltt~buegh, Allegheny County My ~ommlas~a~n Expires Mar. 19, 2005 IN THE COURT OF COMMON pLEAS OF CUMBERLAND cOuI~TY, PENNSYLVANIA THE SHERWIN-WILLIAMS CIVIL DIVISION COMPANY, Plaintiff, NO.: 01-6324 VS. FREDERICK KEPPLEY, Individually and d/b/a ELITE COATING OF PA, Defendant. TO: Frederick Keppley Elite Coating of PA 180 Virginia Avenue Carlisle, PA 17013 DATE OF NOTICE: Decemberf, 2001 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 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: PEIVI~FLVANIA LAi;F'FER REFERRAL SERVICE PE.NI¥'~FLVANIA ~ ASSOCIATION' P.O. BOX 186 (800) 692-737S R ~~& ASSOCIATES, P.C. Derek J. Ferace, Esquire Attorneys for Plaintiff 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, P~nsylvania 1522212102 Telephone: (412) 281-4333 P8~.~0~8 9 05 Z~O 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, Plaintiff, ARBITRATION DIVISION NO.'. 01-6324 VS. TYPE OF PLEADING: FREDERICK KEPPLEY, i/d/b/a ELITE COATING OF PA, PRAECIPE FOR WRIT OF EXECUTION Defendant, FILED ON BEHALF OF: VS. COMMERCE BANK, THE SHERWIN-WILLIAMS COMPANY, Plaintiff Garnishee. COUNSEL OF RECORD FOR THIS PARTY: Derek J. Ferace, Esquire PA I.D. No. 83732 Address of Defendant is: Frederick Keppley, i/d/b/a Elite Coating of PA 180 Virginia Avenue Carlisle, PA 17013 McGRATH & LAWRENCE, P.C. 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, Pennsylvania 15222 TELEPHONE NO.: (412) 281-4333 Address of Garnishee is: FIRM NO.: 025 Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, Plaintiff, ARBITRATION DIVISION NO.: 01-6324 VS. FREDERICK KEPPLEY, i/d/b/a ELITE COATING OF PA, Defendant, VS. COMMERCE BANK, Garnishee. PRAECIPE FOR WRIT OF EXECUTION TO: PROTHONOTARY: Please issue a Writ of Execution in the above-captioned action as follows: 1. Directed to: Sheriff of Cumberland County for the purpose of serving Interrogatories upon Commerce Bank; 2. Against Defendant, Frederick Keppley, i/d/b/a Elite Coating of PA; 3. Against Garnishee, Commerce Bank; 4. In favor of Plaintiff, The Sherwin-Williams Company; 5. For: Amount Due Post-Judgment Interest to 7/28/03 Costs (to be added) TOTAL 5,445.01 1,045.36 6,490.37 MCGRATH & LAWRENCE, P.C. PA I.D. No. 83732 Attorneys for Pla/ntiff 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, PA 15222 (412) 281-4333 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6324 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CU~IBERLAND COUNTY: To satisfy the debt, interest and costs due THE SHERWIN-WILLIAMS COMPANY, Plaintiff (s) From FREDERICK KEPPLEY, 1/D/B/A ELITE COATING OF PA, 180 VIRGINIA AVENUE, 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 COMMERCE BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 - SERVE INTERROGATORIES UPON COMMERCE BANK 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 $5,445.01 L.L. $.50 lmerest POST-JUDGMENT INTEREST TO 7/28/03 - $1,045.36 Atty's Comm % Due Prothy $1.00 Atty Paid $100.50 Other Costs Plaintiff Paid Date: AUGUST 15, 2003 (Seal) CURTIS R. LONG Prothonota~ REQUESTING PARTY: Name DEREK J. FERACE, ESQU/RE Address: MCGRATH & LAWRENCE, P.C. 1500 UNION BANK BUILDING 306 FOURTH AVENUE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-4333 Supreme Court ID No. 83732 Deputy THE SHERWIN-WILLIAMS COMPANY, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARBITRATION DIVISION Plaintiff, VS. FREDERICK KEPpLEY, i/d/b/a ELITE COATING OF PA, Defendant, VS. COMMERCE BANK, Garnishee. NO.: 01-6324 TYPE OF PLEADING: PRAECIPE 7['0 SETTLE AND DISCONTINUE AS TO GARNISHEE, COMMERCE BANK, ONLY FILED ON BEHALF OF: THE SHERWIN-WILLIAMS COMPANY, Plaintiff COUNSEL (DF RECORD FOR THIS PARTY: Derek J. Ferace, Esquire PA I.D. No. 83732 McGRATH & LAWRENCE, P.C. 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, Pennsylvania 15222 TELEPHONE NO.: (412)281-4333 FIRM NO.: 025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, VS. Plaintiff, FREDERICK KEPPLEY, i/d/b/a ELITE COATING OF PA, VS. Defendant, COMMERCE BANK, Garnishee. ARBITRATION DIVISION NO.: 01-62;24 PRAECIPE TO SETTLE AND DISCONTINUE AS TO GARNISHEE, COMMERCE BANK, ONLY TO: PROTHONOTARY: Kindly settle and discontinue the above-captioned action ;as to the Garnishee, Commerce Bank, Only and mark the docket accordingly. MCG~L4.TI-[ & LAWRENCE, p C '8'3'732 Attorneys for Plaintiff 1500 Union Bank Building 306 Fourth Avenue Pittsburgh, PA 15222 (412) 281-4.'-t33 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Settle and Discontinue as to Gamishee, Commerce Bank, Only was served on the following this 2.$ day of Augnst, 2003, by First Class U.S. mail, postage prepaid: Frederick J. Keppley i/d/b/a Elite Coating of PA 180 Virginia Avenue Carlisle, PA 17013 Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 McGRATH & LAWRENCE, P.C. ~'"'~y: ~ ~ Dere~J~' I3erace'-"~' ~ ~A~:~I~. No. 8~'~ Attorneys for Plaintiff 1500 Union B~: Building 306 Fo~ Av~ue Pi~sb~, PA 15222 (412) 281-4333 SHERIFF'S R~TURN - GARNISHEE CASE NO: 2001-06324 P COMMONWEALTH OF PENNSLYV~NIA COUNTY OF CUMBERLAND SHERWIN-WILLIi~4S COMPANY THE VS KEPPLEY FREDERICK I/D/B/A ELIT And now RICHARD SMITH Cumberland County of Pennsylvania, to law, at 1415:00 Hours, on the 22nd day of August , as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT , KEPPLEY FREDERICK I/D/B/A ELITE COATING OF PA , in the hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to CARLA WALTZ, CUSTOMER SERVICE REPRESENTATIVE , personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 ,Sheriff or Deputy Sheriff of who being duly sworn according 2003, attached credits, and R. Thomas Kline Sheriff of Cumberland County .00 00/00/0000 Sworn and subscribed to before me this ~L~ day o f ~,~ riff ~2m3~ A.D. ProtHonotary