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HomeMy WebLinkAbout01-6399COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-2-01 DJ Name: Hon. Ad0ress: 1 COURTHOUSE SQUARE CARLISLE, PA DURON, INC.C/O OLIN NEIL & HALTRECHT P.O.BOX 356 WEST CHESTER, PA 19381 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rDURON, INC.C/O OLIN NEIL & HALTRECH] P.O. BOX 356 WEST CHESTER, PA 19381 VS. DEFENDANT: NAME and ADDRESS 'FKEPPLEY, FRED DBA ELITE COATING PA ~ 803 W~POMFRET ST CAELISLE, PA 17013 Docket No.: CV-0000243-01] ~ Date Filed: 7/12/01 !S TO NO.T, IFY YOU THAT: Judgment: ~ .... D~FRUL? Judgment was entered for: (Name) ~ Judgment was entered against: (Name) ~PPL~ ~RA ~T~E ~A~TN~ PA in the amount of $ c;: fl"/q .41 Defendants are jointly and severally liable. : :,[],:: Darflages Will be assessed on: ThiS case dismissed without prejudice. on: (Date of Judgment) R/~.'7/O1 (Date & Time) I~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $. Levy is stayed for days or r--] generally stayed. ~ Objection to levy has been filed and hearing will be held: Date: Ti me: Place: Amount of Judgment $ 4,978.91 Judgment Costs $ 100.50 Interest on Judgment $ .o 0_0 Attorney Fees $ . O0 Total $ 5,079.41 $ Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU I,~ !::: i MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMEN~/T.-'R~ISCRIPT FORM WITH YOUR NOTICE OF APPEAL'~ ..,.~:_~ i.! II CertifY that this is a true ~nd/9¢fl~ct~p;x~y ~ the rec/j;~e,j~o~eedings containi~g~the jUdgment. I I 8/27/01 Date~ [~'~'~/~ ~~~'~~ ' DiStrict JusticeI My commission expires first Monday of January, 2006 SEAL AOPC 315-99 C~OMMONWEALTH OF PENNSYLVANIA C~(~UNTY CFi Cumberland Mag. DisL NO.: 09-2-01 DJ Name: Hon. Paula Correal A~r,.: E. Wing, 1 Courthouse Square Carlisle, PA 17013 T,~,pho.,: 717-240-6564 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS r DURON, INC. cio Olin Nell & Haltrecht LPO Box 356 West Chester, PA 19381-0356 VS. DEFENDANT: NAME and ADDRESS rFRED KEPPLEY dba ELITE COATING OF PA ~ 803 West Pomfret Street LCarlisle PA 17013 J FILING COSTS $ ~.O~J~IT DATE PAID / I SERVING COSTS $ 7 TOTAL S ~_~_n_~_ / / Da/_~Docket No.: C~-2Z~3-01 ed: 7/12/01 TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for[M,978.91 together with costa upon the following claim (Civil fines must include citation of the statute or ordinance violated): For goods and merchandise sold and delivered by plaintiff to defendant. $3,611.10 Principal Defendant is liable for interest at 18% per annum and attorneys fees per credit application. $328.99 Interest $929.60 Attorneys Fees $.00 Credit $4,978.91 Balance I, _Burton Nell1 EsquireI Atty for Plaintiff~ verify that the facta set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is mad t to the pena ties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904)related to uns~~iorities. PlaintifFs ....... ( gnat~fi~'~lal~ff or Atl~horlzed Agent) Attorney: Burton Nell Address: PO Box 356 Telephone: 610-696-3030 West Chester, PA 19381-0356 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within distdct justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the headng. If you have a claim against the plaintiff which is not within distdct justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A-98 OLIN, NEIL & HALTRECHT By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-3030 Attorney for Plaintiff DURON, INC. 10406 Tucker Street Beltsville, MD 20705 Plaintiff VS. FRED KEPPLEY dba ELITE COATING OF PA 803 West Pomfret Street Carlisle PA 17013 Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment creditor and debtor. 2. The said defendant is not in the Military Service of the United States or its Allies or otherwise within the coverage of the Soldiers' and Sailors' Relief Act of 1940, as amended, is over 18 years of age and has a civilian occupation. Burton Neil, Esquire Attorney for Plaintiff In making this communication, we advise that our fii-m is a debt collector. pRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 DURON, 1NC. Plaintiff VS. FRED KEPPLEY dba ELITE COATING OF PA Defendant(s) WAYPOINT BANK Garnishee(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND cOUNTY, PENNSYLVANIA : NO. 01-6399 : CIVIL ACTION - LAW ., Defendant(s) ~ Garnishee(s) Defendant(s) Garnishee(s) To the Prothonotary: ISSUE A WRIT OF EXECUTION 1N THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland Count~, Pennsylvania 2. against_ FRED KEPPLEY dba ELITE COATING OF PA 3. and against_ WAYPOINT BANK 4. and index this writ (a) against (b) against_ as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) Levy on all personal property located at: 180 Virginia Avenue, Carlisle PA 17013-1067 Serve interrogatories on garnishee at: 921 Calvary Road, Carlisle, PA 17013 5. Amount Due $5,079.41 Interest from 8/27/01 $ 369.09 Total $5,448.50* *Plus writ costs Dated: November 18, 2002 Jj(y I~. Pressman, Esquire [ttoj'ney for Plaintiff NOTE: Under paragraph 1 when the ~wit is directed to sheriff of another county as author~.d~y Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the count in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b). paragraph 4(b) should be completed only tf real property in the name of the garnishee ts attached and indexing as a lis pendens is desired. See Rule 3104(c). WRIT OF EXECUTION and/or ATTACHMENT NO 01-6399 Civil coMMONWEALTH OF PENNSYLVANIA) CIVIL ACTION - LAW COUNTY OF CUMBERLAND) TO THE SHERIFF OF cUMBERLAND CoUNTY: To satisfy the debt, interest and costs due DURON, INC., Plaintiff (s) From FRED KEPPLEY DBA ELITE COATING OF PA, 180 VIRGINIA AVENUE, CARLISLE, PA 17013-1067 irected to levy upon the property of the defendant (s)and to sell LEVY ON ALL (1) You are d ...... T 180 VIRGINIA AVENUE, cARLISLE, PA 17013 1067 PERSONAL PROPERTY LOUAI/~ A ] ' (2) Youare als° directed t° attach the pr°perry °f the defendant(s) n°t levied up°n in the p°ssessl°n of WAYPOINT BANK - SERVE iNTERROGATORIES ON GARNISHEE AT 921 CALVARY ROAD, CARLISLE, PA 17013 GARNISHEE(S) as follows: · ' is enjoined from and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamtshee(s) paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or othe~vise disposing thereof; a (3) If property°f the defendant(s) n°t levied up°n an subject t° attachment is f°und in the p°ssessi°n of anyone other than a named garnishee, you are directed to notify hira/her that he/she has been added as garnishee and is enjoined as above stated. Amount Due $5,079.41 Interest FROM 8/27/01 - $369.09 Atty's Comm % Atty Paid $32.25 Plaintiff Paid Date: NOVEMBER 21, 2002 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy REQUESTING PARTY: Name JAY H. pRESSMAN, ESQUIRE Address: BURTON NEIL & ASSOCIATES, P.C. THE ToWNE HOUSE 26 SOUTH CHURCH sTREET P O BOX 356 WEST CHESTER, PA 19381-0356 Attorney for: PLAINTIFF Telephone: 610-696-4111 Supreme Court ID No. 38800 SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-06399 P COHMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND DURON INC VS KEPPLEY FRED ET AL And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:45 Hours, on the 13th day of December , 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys ef the within named DEFENDANT , KEPPLEY FRED DBA ELITE COATING OF PA , 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 PAULA BREITENBACH (BPJ~NCH SALES MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . true and made Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this '/~ day of J~ J ~-3 A. D. Pz~6t~nonotary So answers: R. Thomas Klin~' ~ Sheriff of Cumberland County oo/oo/oooo BURTON NEll & ASSOCIATES, P.C. BY: Jay H. Pressman, Esquire Identification No. 38800 26 South Church Street West Chester, PA 19382 610-696-3030 ATTORNEY FOR: Plaintiff DURON, INC. VS. Plaintiff FRED KEPPLEY dba ELITE COATING OF PA Defendant and WAYPOINT BANK Garnishee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6399 : CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter judgment in favor of plaintiff, Duron, Inc., and against garnishee, Waypoint Bank, for the amount admitted in its possession in the attached Answers to Interrogatories in the total sum of $$469.90. BUR~C_I~TES, P.C. BY: ~ ~ymey for Plaintiff AND NOW this ~p'-C~x'~ day of-- ~ , 2003, judgment is hereby entered in favor of plaintiff, Duron, Inc., and against garnishee, Waypoint Bank, in accordance with the attached Answers to Interrogatories in the total sum of $469.90. BURTON NEIL & ASSOCIATES, P.C. By:Jay H. Pressman, Esquire - Id. No. 38800 26 South Church Street West Chester, PA 19382 - 610-696-2120 Attorney for Plaintiff DURON, INC. Plaintiff VS. FRED KEPPLEY dba ELITE COATING OF PA Defendant(s) WAYPOINT BANK Garnishee(s) : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6399 : CIVIL ACTION - LAW Interrogatories to Garnishee To: WAYPOINT BANK 921 Calvary_ Road, Carlisle, PA 17013 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time, did you owe the defendants any money or where you liable to it by virtue of monies held by you on deposit or otherwise on any negotiable or written instrument or,did defendants claim that you owed.them money or were liable to them for any reason· At ~e' me 'ou w re se ed ora't~j'01til~'j0'l''eT'~°rv/Yl~]t ~(x l~O bOI.., ~ .1.) ~-. 2 · y 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 defendants? " gS. t ¢c -r ' 'ffc 0 F eo e, e : 3>60 Etlr'e 3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money, the amount9 4. 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 p~Lrt by the defendants or in which defendants held or claimed interest? fl0, 3o-r m y IK Jo oc 5. At the time you were served or at any subsequent time, did you hold fiduciary any property in which the defendants had an interest? ~)/ /~J0~'- /~ /~A.y 6. At the time before or after you were served, did the defendants transfer or deliver any property to yo~ or to any person o.r place pursuant to your direction or consent and if so, what was the consideration therefor9 K)o, tdoT-'-/ /ny i<'ooooc ' ?. At ~hy tirffe ~ter you were served, did yon pay, transfer or deliver any money or property to the defendants or to any person or place pursuant to its direction or otherwise discharge any claim of the defendants against you? ]~JO! /QO'7'- '7~ /737 , BURT~TES, P.C. By:JaY~_re~ The firm of Burton Neil & Associates, P.C. is attempting to c~h~ect a debt. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6399 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DURON, INC., Plaintiff (s) From FRED KEPPLEY DBA ELITE COATING OF PA, 180 VIRGINIA AVENUE, CARLISLE, PA 17013-1067 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL PERSONAL PROPERTY LOCATED AT 180 VIRGINIA AVENUE, CARLISLE, PA 17013-1067. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of WAYPOINT BANK - SERVE INTERROGATORIES ON GARNISHEE AT. 921 CALVARY ROAD, CARLISLE, PA 17013 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 $5,079.41 Interest FROM 8/27/01 - $369.09 Atty's Corem % Atty Paid $32.25 Plaintiff Paid Date: NOVEMBER 21, 2002 (Seal) REQUESTING PARTY: Name JAY H. PRESSMAN, ESQUIRE L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Depu, (---- Address: BURTON NEIL & ASSOCIATES, P.C. THE TOWNE HOUSE 26 SOUTH CHURCH STREET P O BOX 356 WEST CHESTER, PA 19381-0356 Attorney for: PLAINTIFF Telephone: 610-696-4111 Supreme Court ID No. 38800 BURTON NEIL & ASSOCIATES, P.C. BY: Jay H. Pressman, Esquire Identification No. 38800 26 South Church Street West Chester, PA 19382 610-696-2120 ATTORNEY FOR: Plaintiff DURON, INC. VS. Plaintiff FRED KEPPLEY dba ELITE COATING OF PA Defendant and WAYPOINT BANK Garnishee : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6399 · CIVIL ACTION - LAW PRAECIPE TO SATISFY' JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly mark the judgment against garnishee WAYPOINT BANK, in the above matter, SATISFIED ori payment of your costs only. BURTON NEIL & ASSOCIATES, P.C. BY: ~, Esquire for Plaintiff A to~ey BURTON NEIL & ASSOCIATES, P.C. By Jay H. Pressman, Esquire Identification No. 38800 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff DURON, INC. Plaimiff VS. FRED KEPPLEY dba ELITE COATING OF PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6399 : CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Mark the judgment Satisfied on payment of your costs only. BURTON NEll, & ASSOCIATES, P.C. By: _~~ J~y H/P}esX~man, Esquire 2~l~fiey for Plaintiff 46376 R. Thomas 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 18.00 Poundage 2.70 Advertising 20.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Misc. Surcharge 30.00 Levy 40.00 Post Pone Sale 15.00 Garnishee 9.00 TOTAL 150.00 Advance Costs: 150.00 Sheriff's Costs: 150.00 000.00 Refunded to Atty on 01/12/2004 Sworn and Subscribed to before me this 2~ ~ day of (¢',4. prothonotary R. Thomas Kline, : %~ By Q~Ocua~'e~ ~. ~X_t:~3~