HomeMy WebLinkAbout09-4815ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159 Attorney for Plaintiff
SHERWIN WILLIAMS CO successor IN THE COURT OF COMMON PLEAS OF
by merger to Duron Paints & Cumberland COUNTY, PENNSYLVANIA
Wallcoverings
Plaintiff NO. Oa - ySl5 Civ?lTe-wl
v
CIVIL ACTION - LAW
DAVID W. JARDINE individually &
trading as Jardine's Painting
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an
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 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, 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.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparencencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, [as demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
SHERWIN WILLIAMS CO successor ' IN THE COURT OF COMMON PLEAS OF
by merger to Duron Paints & Cumberland COUNTY, PENNSYLVANIA
Wallcoverings
Plaintiff NO. 0 9 - 4?'lS
v
CIVIL ACTION - LAW
DAVID W. JARDINE individually &
trading as Jardine's Painting
Defendant
COMPLAINT
The Plaintiff, SHERWIN WILLIAMS CO, by its attorneys, KODAK & IMBLUM, P.C.,
brings this action of Assumpsit against the Defendant to recover the sum of FIVE
THOUSAND THREE HUNDRED TWO DOLLARS AND SEVENTY-FOUR CENTS
($5,302.74), along with interest thereon at the statutory rate from December 1, 2008, upon
a cause of action of which the following is a statement:
1. The Plaintiff, SHERWIN WILLIAMS COMPANY, is a corporation organized and
existing under the laws of the State of Ohio, having its principal office and place of
business at 186 Center Street, Clinton, NJ 08809.
2. The Defendant, DAVID W. JARDINE, individually and trading as Jardine's Painting,
a sole proprietorship, is an adult individual with an address and place of business
at 4703 Enola Road, Newville, Cumberland County, Pennsylvania 17241.
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\SHER WMS DURON MAB\SW DPW 35572.wpd
2
3. On the dates, in the amounts, and for the prices set forth in a true and correct copy
of the Plaintiff's Statement of Account hereto attached, marked Exhibit "A" and
made a part hereof, Plaintiff, at the special instance request of the Defendant, sold
and delivered goods, wares and merchandise of the kind and description set forth
on said Exhibit to the total amount of FIVE THOUSAND THREE HUNDRED TWO
DOLLARS AND SEVENTY-FOUR CENTS ($5,302.74).
4. The prices charged for said goods, wares and merchandise were just and
reasonable, were the legal and market prices therefor and were the prices which the
Defendant promised and agreed to pay to Plaintiff.
5. The balance due and owing by Defendant to Plaintiff is the sum of FIVE
THOUSAND THREE HUNDRED TWO DOLLARS AND SEVENTY-FOUR CENTS
($5,302.74), as appears by Exhibit "A" hereto.
6. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature
of same and have previously been provided to Defendant.
7. Plaintiff frequently demanded payment from Defendant of said amount due and
owing as aforesaid, but Defendant refused and neglected and still refuses and
neglects to pay said amount or any part thereof.
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\SHER WMS DURON MAB\SW DPW 35572.Wpd
3
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FIVE
THOUSAND THREE HUNDRED TWO DOLLARS AND SEVENTY-FOUR CENTS
($5,302.74), together with interest as set forth herein.
Respectfully submitted,
KODAK & IMBLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\SHER WMS DURON MAB\SW DPW 35572.wpd
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VERIFICATION
(name /dfo y1`?Gc f `lfy
of SHERWIN WILLIAMS CO., verify thatthe statements made in the aforegoing document
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities.
S E?Rf WIN WILLIAMS CO.
By: SD
Title:
Dated:
35572/896399
Jardine
O
FILED-CF--f X
OF TH-r- PPOTNO"iOTARY
2H9 JUL 20 Phi 1: 2'
*149,50 4>4 AT'N
cocroso
M4 aas aoq
Sheriffs Office of Cumberland County
R Thomas Kline FSC??-t?'??wIL
Sheriff OF THE ?r•,_? ? ?`?????T??
Ronny R Anderson
Chief Deputy JUL 2 7 AM 9: 2 5
Jody S Smith
Civil Process Sergeant OFFICE C' T"E SHERIFF Vui I?u.: ;Jfq
Edward L Schorpp PENi+,t1)"('tVa'N'J'A
Solicitor
Sherwin Williams Co.
vs.
David W. Jardine, Ind.
Case Number
2009-4815
SHERIFF'S RETURN OF SERVICE
07/22/2009 08:36 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 22,
2009 at 2036 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: David W. Jardine, Ind., by making known unto himself personally, defendant at 4703
Enola Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handinc
to him personally the said true and correct copy of the same.
07/22/2009 08:36 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 22,
2009 at 2036 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Jardine's Painting, by making known unto David W. Jardine, defendant at 4703 Enola
Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $55.24
July 23, 2009
SO ANSWERS,
/'/Mrs( ?,
R THOMAS KLINE, SHERIFF
Deputy Sheriff
SHERWIN WILLIAMS CO successor by merger
to Duron Paints & Wallcoverings
Plaintiff
V.
DAVID W. JARDINE individually and trading as
Jardine's Painting
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4815 CIVIL TERM
CIVIL ACTION - LAW
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Please enter judgment in favor of Plaintiff and against above-named Defendant(s)
DAVID W. JARDINE individually and trading as Jardine's Painting, named for failure to file
within the required time an Answer to the Complaint in the above-captioned case and
assess the Plaintiff's damages as follows:
Amount claimed in Plaintiff's Complaint $5,302.74
Interest at the statutory rate of 6% per annum from December 1, 2008 245.22
Total = $5,$47.96
I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed
or delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after the default
occurred and at least ten (10) days prior to the date of the filing of this Praecipe and a copy
of the notice(s) is/are attached.
KODAK & IMB M, P.C.
By
DATED: 9/1401
Robert D. Kodak, Attorney for Plaintiff
judgment
as above.
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION Telephone
Robert D. Kodak 407 NORTH FRONT STREET 717.238.7159
Gary J. Imblum POST OFFICE BOX 11848 Facsimile
HARRISBURG, PA 17108-1848 Cop
www.kodak-imblum.com
August 18, 2009
DAVID W JARDINE
4703 ENOLA ROAD
NEWVILLE PA 17241
RE: Sherwin Williams Co.
VS: David W. Jardine i/a/t/a Jardine's Painting
Our File No. 35572
No. 09-4815 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Mr. Jardine:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an Appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County, Pennsylvania, to enter judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/bjh
enclosure
cc DINA FERRIS
AG ADJUSTMENTS
PO BOX 9090
MELVILLE NY 11747
KODAK & IMBLUM, P.C.
Robert D. Kodak
robert.kodak@kodak-imblum.com
896399
COPY
SHERWIN WII.LIAMS CO successor by merger : IN THE COURT OF COMMON
to Duron Paints & Wallcoverings : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 09-4185 CIVIL TERM
DAVID W. JARDINE individually and trading as CIVIL ACTION - LAW
Jardine's Painting
Defendant
IMPORTANT NOTICE
TO: DAVID W. JARDINE, Defendant(s)
DATE OF NOTICE: August 18, 2009
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.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION Telephone
Robert D. Kodak 407 NORTH FRONT STREET 717-238.7152
Gary J. Imblum POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848 Facsimile
C OPY
www.kodak-imbIum.com
August 18, 2009
DAVID W JARDINE
JARDINES PAINTING
4703 ENOLA ROAD
NEWVILLE PA 17241
RE: Sherwin Williams Co.
VS: David W. Jardine i/ a/ t/ a Jardine's Painting
Our File No. 35572
No. 09-4815 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Dear Mr. Jardine:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/bjh
enclosure
KODAK & IMBLUM, P.C.
Robert D. Kodak
robert.kodak@kodak-imblum.com
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
cc DINA FERRIS
AG ADJUSTMENTS
PO BOX 9090
MELVILLE NY 11747
896399
COPY
SHERWIN WILLIAMS CO successor by merger : IN THE COURT OF COMMON PLEAS
to Duron Paints & Wallcoverings CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 09-4185 CIVIL TERM
DAVID W. JARDINE individually and trading as CIVIL ACTION -LAW
Jardine's Painting
Defendant
IMPORTANT NOTICE
TO: DAVID W. JARDINE I/A/T/A JARDINE' S PAINTING, Defendant(s)
DATE OF NOTICE: August 18, 2009
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.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
t gut 1 Wl...
- n,,-,TAQY
THE
2009 SLR' 15 fk °1 8; : 2
CU",?r?. ? dly
ce IOal u
? a-?vsg7
SHERWIN WILLIAMS CO successor by merger
to Duron Paints & Wallcoverings
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4815 CIVIL TERM
DAVID W. JARDINE individually and trading as CIVIL ACTION - LAW
Jardine's Painting
Defendant
TO: DAVID W. JARDINE, Defendant(s)
You are hereby notified that on 't'• l5 , 20pT the following
(Judgment) has been entered against you in the above-captioned case.
Judgment entered in the amount of $5,547.96.
DATE:
Pr onotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
DAVID W JARDINE
4703 ENOLA ROAD
NEWVILLE PA 17241
SHERWIN WILLIAMS CO successor by merger
to Duron Paints & Wallcoverings
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4815 CIVIL TERM
DAVID W. JARDINE individually and trading as CIVIL ACTION - LAW
Jardine's Painting
Defendant
TO: DAVID W JARDINE T/ A JARDINE'S PAINTING, Defendant(s)
J the following
You are hereby notified that on _t• 15 . , 200
(Judgment) has been entered against you in the above-captioned case.
Judgment entered in the amount of $5,547.96.
DATE:
?? - ?7? ?,-- - )w
othonotar
I hereby certify that the name and address of the proper person(s) to receive this notice is:
DAVID W JARDINE T/ A
JARDINES PAINTING
4703 ENOLA ROAD
NEWVILLE PA 17241
n~
SHERWTN W I LLInMS CO. successor 1.7y
merger t~ Duron Pa i n15 & Wallcoverings,
Plaintiff
v
1)AVIU W. Jl~P.DINE individually aitcl
traclin~; as JARI~I N I-;'S 1'l1INTII\TG,
I)efcndant(s)
vs
ORP.STOWN BANK,
GARNI4HIE
1 N ~ 1'HE (~OURT OP COMMON PLEAS
CUMBERL,A_Nl~_t:UUNTY,
PENNSYLVANIA
NO. 2009-4815
GARNISHEE'S ANSWERS TO
INTERROGATORIES IN ATTACHMENT TO GARNISH>f:;E
TO: GARNTSHMI~.N'l' AUMIN /LEGAL DEPT.
ORRSTOVI,'N BANK
22 5 HANOVER STREI/T
CARLISLE PA 1.7013
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YOU ARE RE~UIRT;D TO FILE ANSWERS TO TI-ilr I~OLLOWINC;
INTERROGATORTES WITHIN 'T'WENTY (20} DAYS AFTER SERVICE UPON YOU.
FAILURE TO DO SO MAY RESUT.T TN JUIUC;MEN`f AGAINST YOU:
1. !ll the time you were Served, or. of any suL~sequcnt time, did you owe the
defendant(s) ab~wc-listen, llAVID W. JARDINE I/A/T/A. JnRT)INP'S PAINTING
nC_COUNT #XXXXX0319 or Miry ~~iher account(s) under Defendant(s) narne(5), and/or
otherwi,~;e, any money or were you liable to tl-e clelendanl (s) on any- negotiable or other
written instrument, or did tl~e defendant claim that you owed the defendant- any money
or wore Iiablc to d1e defendant for any reason? (If yes, please descrilic~.)
ANSWEP.:
No.
2. ~1t the time you were served, or at any subsequent time vvTas there in your
possession, ctist(->c-ly ~rcontrol, or intllejoint p(~s.5ession, custody or control of ycnirself and
one (7) or snore other persons and/or entities, any property ~~f any nature owned solely or
in 1_~a rt by the defendant(s)?(If yes, please dc'acribe.)
ANSWER:
Yes. Free business checking account no. xxxxx0319.
3. At tllc time you «Tere served or at any subsequent time did you hold IY"~71 title
to any property of any nature o~~vned solely or in part try the defendant or in which
clc_fendant(s) held or claimed any interest? (lf yes, please describe.)
ANSWER:
No.
4. At th(= ti rnP you were served, ar at any subs(~quent tine did you bald as fiduciary,
any propert}% in which the Defendant(s) had an interest?
ANSWER:
Yes.
5. At anv time before or after you were s~~r~TPd did the defendant(s) transfer (~r
deliver any property to you al" tCf 811V perS011 OT place pLlrsuallt tC) yolll' d I ('P.(:hnn Or CortSellt
and if 5(l, what was the consideration therefor?
ANSWER:
Yes. Deposits made to account referenced at Interrogatory No. 2
hereinabove. No consideration given therefor.
(a. At a11V t1lllf' ai-ter yc~u were served, did ycnl p~~y, transfer or deliver any money
rrr property to the defen~}ant(s) or tc-r any person or place pursuac~l In the defendant's
direction. ar of her~visc discharge any claim of thE, dclendant(s) against you? (If yes, please
describe.)
ANSWER:
Yes. Two transactions were in process as of service of the writ.
Fisher Auto Parts $36.35 and an ATM withdraw of $22.00.
7. If you are a hank or olhcl- financial institution, at the lime yarn were served or at
a ny subsequent time did the defE/ndant have funds on deposit in an acrau nt in which funds
are deposited electronically on a recurring; basis and ~vllich ale identified as 1~E'in~; funds
that upon deposit are exempt from execution, levy ur attarhmenl under Pelznsylvallia or
f~deraI Iaw? If so, identify each accounl and state the reason for the exemption, I.he amount
being witllhelrl ulider each exemption and the entity plpt:ll'nlllcally depositing those furr~ls
on a recurring basis.
ANSWER:
No.
8. If you are a bank or other financial institution, at the time yrru were served or at any
subsequent time aid the defendant have funds ern deposit in an accounl` in wh ich the Itulds
on deposit, Wert including orgy othei•~vise exempt funds, slid nog exceed the amount of the
general monetary exelztptic>n under 42I'a.C.S. ~ 8123? If so, idr_ntily each account.
ANSWER:
No.
KODAK &~,~. ~ , P.C.
~i:
Robert l1. Kodak, EsE.l~uire
Attorney for Pl~iintif(
407 Nrn-th Front Street
Post Office Box 11848
Harrisburg, PA 17"108-1$48
(717) 238-7159
Supreme Court ID Nc~. 18041
Respectfully submitted,
BA ERER
i~
David A. Baric, Esquire
I.D. # 44853
RIC SCH
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that the statements made in the foregoing Answers Of Garnishee To Plaintiff's
Interrogatories To Garnishee are true and correct to the best of my knowledge, information and
belief. This verification is signed by David A. Baric, Esquire, Attorney for Garnishee, Orrstown
Bank and is based upon the statements provided by Garnishee, Orrstown Bank, as well as
documents reviewed by the undersigned as attorney for Garnishee, Orrsto~m Bank. I undersigned
that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn
falsifications to authorities.
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David A. Bark., Esquire
Dated: May 12, 2010
CERTIFICATE OF SERVICE
I hereby certify that on May 12, 2010, I, David A. Baric, Esquire of ;Baric Scherer, did serve
a copy of the Orrstown Bank's Answers To Interrogatories, by first class U. S. mail, postage prepaid,
to the party listed below, as follows:
Robert D. Kodak, Esquire
Kodak & Imblum, P.C.
407 North Front Street
P.O. Box 11848
Harrisburg, Pennsylvania 17108
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David A. Baric;, Esquire
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
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Sheriff ~ -
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Jody S Smith
Chief Deputy ` ~ ,,
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Richard W Stewart
Solicitor ~"~~ F ~ "F =''~F~~'~~
Sherwin Williams Co. Case Number
vs. 2009-4815
David W. Jardine, Ind. (et al.)
SHERIFF'S RETURN OF SERVICE
05/07/2010 01:24 PM -Ryan E. Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 7,
2010 at 1322 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: David W. Jardine, individually and trading, Jardine's Painting, in the
hands, possession, or control of the within named garnishee, Orrstown Bank, 22 S Hanover Street,
Carlisle, Cumberland County, Pennsylvania 17013, by handing to Allison Marshall, Customer Service
Representative, personally three copies of interrogatories together with three true and attested copies of
the writ of execution and made the contents there of known to her.
05/20/2010 04:50 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on May
20, 2010 at 1645 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
David W. Jardine, by making known unto David W. Jardine, at 4703 Enola Road, Newville, Cumberland
County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true anc
correct copy of the same. Upon serving the writ of execution, a levy was completed.
05/20/2010 04:50 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on May
20, 2010 at 1645 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Jardine's Painting, by making known unto David W. Jardine, business owner, at 4703 Enola Road,
Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him
personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was
completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 05-21-10.
07/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned
SATISFIED.
SHERIFF COST: $241.54 SO ANSWERS,
~~
July 02, 2010 RON R ANDERSON, SHERIFF
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y
By
haron R. Lantz
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Icl CounrySuite SFenTf, Telecseft. Inc. ~~ `" p~~~~ ~/
SHERWIN WILLIAMS CO successor
by merger to Duron Paints &
Wallcoverings,
Plaintiff
v
DAVID W. JARDINE individually
and trading as Jardine`s Painting,
Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 09-4815
CIVIL ACTION -LAW
PRAECIPE
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TO THE PROTHONOTARY: -ra ~ a'~
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Satisfy Judgment and Discontinue Case !
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TO: Cumberland County ~;
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Prothonotary ~
Dated: une 30 2010
Robert D. da~C, Esquire
Attorney fo Plaintiff
Attorney I.D. No. 18041