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~