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Home My WebLink About09-4163THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY:BARRY A. ROSEN, ESQUIRE Identification No.: 42951 PO Box 806 West Caldwell, NJ 07007 973-433-2104 ABB Con-cise Coral Springs, FL 33065 vs. Vincent F. Zeplin OD LLC 3812 Kramer Street Harrisburg PA 17109 and Vincent Zeplin Jr. 3812 Kramer Street Harrisburg PA 17109 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09 - 14 I (o3 (1. v i l Term 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 JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 COMPLAINT IN CIVIL ACTION 1. At the special instance and request of the defendants, plaintiff sold and delivered to the defendants merchandise and services, on the dates, of the kinds, in the amounts and for the prices set forth in a true and correct copy of plaintiffs books of original entry attached hereto, made part hereof, and marked Exhibit "A." 2. Defendants accepted said merchandise and services without complaint. 3. The prices set forth in Exhibit "A" are the market prices for the said merchandise and services, and are the prices which the defendant s agreed to pay therefor. 4. All the credits, if any, to which the defendants are entitled are set forth in Exhibit "A". 5. Plaintiff has made demand upon the defendants for payment of the amount due, but the defendants have failed and refused and still refuse to pay the same or any part thereof. 6. The individual defendant Vincent Zeplin, Jr.is liable for the debt of the corporate defendant in accordance with the Guarantee signed by defendant Vincent Zeplin, Jr., a copy of which is attached hereto, made a part hereof and marked Exhibit "B." 7. Defendant's last payment on account was made on March 6, 2008. WHEREFORE, plaintiff claims of the defendants the sum of $33,622.68 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: G v BARRY A. ROS , ESQUIRE Attorney for Plain riff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR POMS EXHIBIT "A" 20081460 ABB Con-cise Vincent F. Zeplin OD LLC dba and Vincent Zeplin Jr. 40489 AFEMA-VIII J e ?0 (Vl e ,J being duly sworn according to law, depose and say that: I, I am the agent for the plaintiff herein and I am familiar with the files relating to this account; the facts and circumstances in connection with this case; , I have personal knowledge of 2 3. Plaintiff's files are maintained in the usual and ordinary course of business; direct 4. This action is based on a claim for breach of contract and that damages are sought a result of said breach; 2008 subject remains 5. After allowing for all offsets and ?e naznountbalance of $33,622.6l gtpus interest at the rate of 0% account having account number 40489 to 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. rame Afftant) Sworn to and Subscribed before me this day of 2008 Public Notary V? !?R !lOilAlllll OMM01? ?? ?18Nt • /1/i1 M AINI spot ?? llM?i ?IIM E FROM •' SCOTT & GOLDMAN PHONE NO. : 770 993 2220 Jul. 21 2008 12:50PM P4 Mon 12/17/07 ASB CUST: 2039448 ZEFLYN ACCOUNTS RECEIVABLE INQUIRY EY PROD 3:34:17 PM 389 STATE ROUTE 10 ECARE CROY LM: 25 000 00 BALANCE: CURRENT 24.493.58 EAST MANOVER, NJ 07936 , . LST PAY: 4,000.00 12-MO HI 4 : 1-30: 7,959,21 12.592.88 ( 1-D041 : 2 ,493.58 SI S REP: 054 31-60; 3,941.49 CONTACT; ; . TERMS: N10E 61-90: 91-OVk: 0 •0At% CREDIT LIMIT: 25,000 LKEPIT INQUIRY .00 CREDIT MGR : vw CREDIT CODE: FIN onE LST PAY AMT; 4.000 .00 APPROVED BY: 161 LAST PAY DT: 12/03/07 APPROV DATE: 12/17/07 DUN/BRAD* CRED NOTES: START DATE : 07/11/07 ORDER BALANCE: 00 FIN STMT DT: INSURANCE AMT: . 00 ON HOLD : No COD ADD BALANCE: . 00 HOLD DATE CREDIT APP?; Yes COD ADD MIN ORD: . .00 SPECIAL TERMS: COD ADO ORD AMT: .00 COMMENTS CLV-15.OK CC RUTH FORM ON FILEO*- slw ..,-y..7 IV--c"LS nistory Output Ch= Cust End Select an entry. Press F2 for Menu Help or CTRL-W for General Help. ?- fci`ob! 3y ?? ??2 Gg 500- 'al= 6zo/TZO® FROM ' SCOTT 8 GOLDMAN PHONE NO. : 770 993 2220 Jul. 21 2008 12:50PM P5 .Mon 1'./17/07 ASO ACCOUNTS RECE COST: 2038320 LEPLIN EYECARE 275 RT 4 WEST CRDT LM: LST PAY: PARAMUS. NJ 07652 12-MO HI: (201)489-6161 SLS REP: CONTACT: OR ZEPLIN TERMS; IVABLE INQUIRY PROD BALANCE: 10,000.00 CURRENT: 2,593.35 1-30: 10,061.34 31-60: 054 6,1-90: nlOe 91-OVR: 3:34:32 PM J 10,061.34 io O / 3,429.67 l(j 6,631.67 I .00 .00 .00 CREDIT LIMIT: 10,000.00 CREDIT CODE: FIN APPROVED BY: 161 APPROV DATE: 12/17/07 CRED NOTES: START DATE : 09/22/06 FIN STMT OT: ON HOLD No HOLD DATE CREDIT APP?: Yes SPECIAL TERMS: COMMENTS : '*CLV•- CREDIT MGR ; vwonr LST PAY AMT: 2.593. 35 LAST PAY OT: 12/03/07 OUN/BRAD* , ORDER BALANCE: .00 INSURANCE AMT: ,00 COD ADD BALANCE: .00 COD ADD MIN ORD: .00 COD ADD ORD AMT: .00 Display Comments History Output Chr Cust End Select an entry. Press F2 for Menu Help or CTRL-W for General Help. EXHIBIT "B" FROM : SCOTT 8 GOLDMAN PHONE NO. : 770 993 2220 Jul. 21 2008 12:51PM P6 /18/2607 12:37 17329729817 SGLEICHADEOPTICAL PAGE 01 ?? ? ? PAS e2 1732 sG-E1CHABSOFrfxcaL Ei/09/2ed7 y,173213726817 2?Ja?'1'7 xi d a FAX TO: p5,4)rnJ5"4W sn %amA"mW W a S (? U +. 56 ?o v 8= V:m ABB Con-vise 20081460 VERIFICATION 1 hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides fro certain penalties for making false statements. By. Pri Name: Title: s Se or C r? ?? ?' Iv r4n 4?4 C1Z- Sen 0 OF n A y T 'w *-qg, 5o pts A'TT-f 0,0 lqo l-r* U(o sq7 Sheriffs Office of Cumberland County riff as Kline a r at C11vr1b ,Edward L Schorpp Sheho _ n Solicitor Ronny Anderson Jody S Smith Chief Deputy OFFICE 'S s"ER,FF Civil Process Sergeant ABB Con-Cise vs. Case Number Vincent F. Zeplin, OD, L 2009-4163 SHERIFF'S RETURN OF SERVICE 06/19/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Vincent F. Zeplin OD, LLC, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 06/19/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he! made a diligent search and inquiry for the within named defendant, to wit: Vincent Zeplin Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 06/26/2009 10:15 AM - Dauphin County Return: And now June 26, 2009 at 1015 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Vincent F. Zeplin OD, LLC by making known unto Mary Zeplin, Corporate Operations Specialist at 3812 Kramer Street Harrisburg, PA 17109 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/26/2009 10:15 AM -Dauphin County Return: And now June 26, 2009 at 1015 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Vincent Zeplin by making known unto Mary Zeplin, adult in charge at 3812 Kramer Street Harrisburg, PA 17109 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO A n N June 30, 2009 ? -'R T MASS KLINE, SH I F C__ .,.. un Lf tlitit o Mary Jane Sder Real Estate Deputy William T. Tully 1 Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ABB CON-CISE VS VINCENT ZEPLIN, JR Sheriff s Return No. 2009-T-1794 OTHER COUNTY NO. 0941,63 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy And now: JUNE 26, 2009 at 10:15:00 AM served the within COMPLAINT upon VINCENT F ZEPLIN, OD, LLC by personally handing to MARY ZEPLIN 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 3812 KRAMER STREET HBG PA 17109 CORPORATE OPERATIONS SPECIALIST Sworn and subscribed to before me this 26TH day of June, 2009 So Answers, A2? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County IN MCommission Expires Set 1 2010 Sheri o uphin County, r By I..:. Deputysheriff Deputy: D ARTHUR Sheriffs Costs: $66.5 6/25/2009 of t4o'sil"r-ft Mary Jane Snvder Real Estat D e epu L William T. Tully t Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ABB CON-CISE VINCENT ZEPLIN, JRVS Sheriffs Return No. 2009-T-1794 OTHER COUNTY NO. 094163 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy And now: JUNE 26, 2009 at 10:15:00 AM served the within COMPLAINT upon VINCENT ZEPLIN, JR by personally handing to MARY ZEPLIN 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 3812 KRAMER STREET HBG PA 17109 GRANDMOTHER Sworn and subscribed to before me this 26TH day of June, 2009 So Answers, A74W NOTARIAL SEAL F JANE SNYDER, Notary Publi ighspire, Dauphin County mmission Expires Se 1 2010 Sheriff o au in County, P By ?,.. i Deputy Sheriff Deputy: D ARTHUR Sheriffs Costs: $66.5 6/25/2009 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff ABB Con-cise 12301 NW 39th Street Coral Springs, FL 33065 vs. Vincent F. Zeplin OD LLC dba Zeplin Eye Care 3812 Kramer Street Harrisburg PA 17109 and Vincent Zeplin Jr. 3812 Kramer Street Harrisburg PA 17109 DEFENDANTS and Wachovia Bank 604 E. High Street Carlisle, PA 17013 GARNISHEE 20081460 r=i~.f~r, , . _ •~.. , 201D ~f'~ ~ I F~'~ 3~ 13 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-4163 CIVIL TERM ~a~.sa P~ A`te'`( 53. oo cBfr '18.SO '~ I~. oo ~~ a.so ~~ 17a. sb - t~D A-rrY PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: ~a.~ ~e~ Issue writ of execution in the above matter, Ck,'N'~3~1 directed to the Sheriff of Cumberland County; ~# at~pQ5o1 (1) a g a i n s t ~f ~'~' o~Q GG~~=/ Vincent F. Zeplin OD LLC dba Zeplin Eye Care and Vincent Zeplin, Jr. defendant(s) and (2) against Wachovia Bank garnishee(s) (3) AMOUNT DUE $33,622.68 INTEREST from October 2, 2009 $851.16 COSTS TOTAL Prothonotary fee $.00 Sheriff fee .00 $34,473.84 /~ ti // BARRY A. R// N, ESQUIRE Attorney f r Plaintiff SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee ABB CON-CISE vs. 2010 t~QY f 3 ~M 8~ 21 CUN~,~ ~..~~,~,. ~ ,~. MY PEN(~SYLU~~ A COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VINCENT F. ZEPLIN OD LLC DBA ZEPLIN EYE CARE AND VINCENT ZEPLIN JR. N0.09-4163 and WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A.. GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Wachovia Bank, N.A., Garnishee, in the above-captioned matter. Date: .* s Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr SHERIFF'S OFFICE OF CUMBERLAND COUNTY' ""tt ;^a ~~tt~ttt, ui Latautrfr,~~~~ ~` , a , ,?~~() ~,~,~ 4~' ~ ~~~ ~,~~ t~ ~~ C~ ~ ~ ~ ~~~' J ;r ,~. ,~_t , ABB Con-Cise vs. Vincent F. Zeplin, OD, L (et al.) ~e Number 009-4163 SHERIFF'S RETURN OF SERVICE ~!, 04/29/2010 01:53 PM -Michelle Gutshalt, Deputy Sheriff, who being duly sworn according to law, stakes that on April 28, 2010 at 1353 hours, attached as herein commanded all goods, chattels, rights, debts,) credits, and monies of the within named defendant, to wit: Vincent F. Zeplin OD LLC, d/b/a Zeplin Ey Care, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 E Hig Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Paul Fenton, Manager, persona ly three copies o interrogatories together with three true and attested copies of the writ of execution and m de the contents there of known to him. The writ of execution and notice to defendant was mailed on May 3, 2010 to Vincent Zepl Zeplin Eye Care, 3812 Kramer Street, Harrisburg, PA 17109. 11/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of ex~ returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.50 SO ANSWERS, .~ November 02, 2010 RON . R ANDERSO ron K. Jr., d/b/a is SHERIFF ~ . a0 ~~ P~ . ~ , S'U ~P~` ~~ ~99~ ~25673~ {rj CouniVSu!te Sher~.rF. Te'eos::ft. In;;. ' ~ ~' ~ WRIT OF EXECUTION and/or ATTACHMENT • COMMONWEALTH OF PENNSYLVANIA) NO 09-4163 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABB CON-CISE, Plaintiff (s) From VINCENT F. ZEPLIN OD LLC, d/b/a ZEPLIN EYE CARE, 3812 Kramer St, Harrisburg, PA 17109 ~I VINCENT ZEPLIN, JR., 3812 Kramer St, Harrisburg, PA 17109 (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 i of GARNISHEE(S) as follows: j WACHOVIA BANK, 604 E. High Street, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is a "oined from paying any debt to or for the account of the defendant (s) and from delivering any property of~e 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 bee added as a garnishee and is enjoined as above stated. I Amount Due $33,622.68 L.L.$.50 Interest from 10/2/19 -- $851.16 Atty's Comm % Due Prothy $2.00 Atty Paid $172.50 Other Costs Plaintiff Paid Date: 4/21/10 (Seal) Deputy REQUESTING PARTY: Name BARRY A. ROSEN, ESQUIRE Address: GOLDMAN & WARSHAW, PC 312 W. BROAD STREET QUAKERTOWN, PA 18951 Attorney for: PLAINTIFF Telephone: 267-373-9730 Supreme Court ID No. 42951