Loading...
HomeMy WebLinkAbout10-0796COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT` ff)l1NTY OF- CUMBERLAND CIVIL CASE Mag. Dist. No.: 09-1-02 MDJ Narne: Hon. ROGER A. ESTEP Address: 1901 STATE ST CAMP HILL, PA Telephone: (717 ) 761 - 0583 17 011 PENN WASTE INC/SHEILA BEICHNER 85 BRICKYARD RD PO BOX 3066 YORK, PA 17402 PLAINTIFF: NAME and ADDRESS [-PENN WASTE INC 85 BRICKYARD RD PO BOX 3066, LYORK, PA 17402 J VS. DEFENDANT: NAME and ADDRESS [-KOPPERMAN, GARY M 17 N 26TH ST CAMP HILL, PA 17011 L -J Docket No.: CV-0000408-09 Date Filed: 11/10/09 THIS IS TO NOTIFY YOU THAT: DEFAULT JUDGMENT PLTF. _ (Date:of.Judgment.) 12/07/09 Judgm?t: - ® Judgment was entered for: (Name) PENN WASTE INC, © Judgment was entered against: (Name) KOPPERMAN, GARY M in the amount of $ 795.0 F1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 702.45 Judgment Costs $ 92.60 Interest on Judgment $ .00 Attorney Fees $ Total $ 795.05 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 MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER-ELECTS TO ENTER=THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COt9RT OF COMMON PLEAS AND NO FURTHER PROCESS MAY Be ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. My commission expires first Monday of January, DATE PRINTED: 12/07/09 3:06:00 PM c`. CT. EAL rc........ c=a T t J ud e -;' c:.. ;nt. t Judge n AOPC 315-07 RLEC 2010 FE3 -1 F =t l: 1 ? C K? 'Sp3 3'? ? ?9 L PENN WASTE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-796 CIVIL TERM GARY M. KOPPERMAN, . Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 19th day of July, 2010, the Defendant having failed to appear for the hearing as scheduled, and having failed to answer the Rule to Show Cause, it is hereby ordered and directed that he grant the Sheriff of Cumberland County or any of his authorized deputies to enter his premises at 17 North 26th Street, Camp Hill, Pennsylvania, 17011, on Monday, August 23, 2010, at 6:00 p.m. Defendant's failure to abide by the terms of this Order may result in his being subject to a finding of civil contempt and may result in his incarceration of up to six months. Service of this Order to be made by Plaintiff upon Defendant by regular first class mail and certified mail, return receipt requested. It is further ordered and directed that Plaintiff is awarded $460.00 in attorney fees. By the ^' .l r (,.~ i 1 f_...... ~ _~ ~/ `-~- ~ iI -'~ r~,' 1'.J r ._., r_~.. Edward E. Guido, J. . ~~ ~ :a Neil A. Slenker, Esquire .~ n_ .... Attorney for Plaintiff ~ e --~:' /Gary M. Kopperman 17 North 26th Street Camp Hill, PA 17011 Sheri f f , (~~~ .~(~~ ~~ ,~` srs ~ tQS ~t~ ?~~/t v Alit i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE, INC. Plaintiff NO.: 2010-00796 GARY M. KOPPERMAN, Defendant Ct r ELI C-: .. PLAINTIFF'S PETITION FOR FINDING OF CIVIL CONTEMPT AND NOW, comes the Plaintiff, Penn Waste, Inc., by and through its attorney, Neil A. Slenker, Esquire, of the law firm of Stock and Leader, to petition this Court to find the Defendant, Gary M. Kopperman, in civil contempt of court, and to enter an order of attachment directing the Sheriff to bring the Defendant before the Court, and to impose monetary sanctions, and in support thereof, states the following: 1. Plaintiff,/Petitioner is a judgment creditor of the Defendant. 2. A Judgment was entered for Plaintiff and against Defendant in the amount of $795.05 by District Justice Roger A. Estep, Magistrate District No. 09-1-02, Docket No.: CV- THIS IS AN .ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 0000408-09. A true and correct copy of the Notice of Judgment/Transcript Civil Case is attached hereto as Exhibit "A". The magisterial district judge's judgment was not appealed, and said judgment was transferred to the Court of Common Pleas of Cumberland County on February 1, 2010, and is docketed to the above-captioned number (the "Judgment") A Writ of Execution was thereafter issued by the Office of the Cumberland County Prothonotary and delivered to the Sheriff of Cumberland County, whose deputy attempted, but was refused admittance or was otherwise not permitted access to the premises to conduct the levy in accordance with said Writ of Execution, as more fully set forth in the true and correct copy of the levy report furnished by the Sheriff attached hereto as Exhibit "B 4. On July 19, 2010, following a hearing, the Court (Guido, J.) entered an order (the "Order") directing the Defendant to grant the Sheriff access to the Defendant's premises at 17 North 26'h Street, Camp Hill, Pennsylvania on Monday, August 23, 2010, at 6:00 pm. A copy of the Order is attached hereto as Exhibit "C" and is incorporated herein by reference. The Order was sent to the Defendant by certified and regular mail. The certified mail was returned to Plaintiff as "unclaimed". The copy of the Order sent by regular mail was not returned, and therefore is presumed to have been received by the Defendant. In addition, on the day the Defendant was to provide the Sheriff with access to the property, the Defendant called and left a message for Scott Wagner, the President of Penn Waste, Inc, requesting that he THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. contact the Defendant that day. It can reasonably be inferred from the timing of the call that the Defendant was well aware of the obligation to meet the Sheriff and provide access to the property that evening,. 6. Based upon information provided by the Sheriff of Cumberland County, it is averred that the Defendant failed to provide the Sheriff with access to the aforesaid property as directed by the Order. Moreover, it is averred that the Defendant did not even appear at the property on the date and time specified in the Order. The Order specifically warned the Defendant that the failure to abide by the terms thereof could result in a finding of civil contempt and could result in incarceration of up to 6 months. 8. The Defendant should be found in contempt as the result of his blatant defiance of the Order. 9. Defendant's failure to comply with the Order has unfairly prejudiced Plaintiff in that the Defendant's actions (or lack thereof) have improperly forestalled the progress of Plaintiff's enforcement of the Judgment and have forced Plaintiff to incur additional attorney fees. 10. Plaintiff's counsel will expend approximately three hours in preparing, filing and attending to this motion. Counsel's ordinary, usual and customary hourly rate for the same is $230.00. 11. As set forth above in detail, prior to the filing of this Petition, the Court (Guido, J.) presided over the hearing on the Plaintiff's Motion for Supplemental Relief in Aid of Execution. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiffs petition this Court for the immediate entry of a rule to show cause why a writ of attachment and contempt citation should not issue against Defendant, and an adjudication that the Defendant is in civil contempt of Court, and that the Court thereafter: (a) impose sanctions against Defendant in the form of an unconditional fine, payable to Plaintiff, in the amount of all damages (including attorney fees estimated at $690.00) suffered by Plaintiffs due to Defendant's violation of the July 19, 2010 Order; (b) issue a writ of attachment directed to the Sheriff of Cumberland County, ordering the Sheriff to bring the Defendant before the Court and to hold Defendant in custody until said fines are paid in full and the Defendant has fully complied with the Order; and (c ) enter such other relief as the Court deems appropriate. Date Respectfully submitted, STOCK AND LEADER BY: -? eil A. Slenker, Esquire I.D. #77974 Attorney for Plaintiff Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 (717) 846-9800 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. From:PENN WASTE INC. 717 801 4684 09/08/2010 14:12 #684 P.002/002 VERIFICATION I hereby affirm that the following facts are correct: I am an authorized agent of Penn Waste, Inc. in the foregoing action. The attached Petition is based upon information, which has been furnished to counsel in the preparation of this document. The language of the Petition is that of counsel and not mine. I have read the Petition and to the extent that the same is based upon information, which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Petition is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Petition are made subject to the penalties of 118 Pa. C.S. §4904 relating to unsworn falsification to authorities. PENN WASTE, PVC. By: Sheila ichner, Credit and Collections Supervisor Dater /0 ENIjIBIT A COMMONWEALTH OF PENNSYLVANIA Cnl N V 0j :- CUMBERLAND Ma Dis;. Nc.. . 09-1-02 MW Name- Non. ROGER. A. ESTEP Ada,ess 1901 STATE ST 1 CAMP HILL, PA i i eieprione (717 761-0583 17 011 PENN WASTE INC/SHEILA BEICHNER 85 BRICKYARD RD PO BOX_ 3066 YORE, PA 17402 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT L UDGMENIT PLTF a Judgment to-as entered for: (Name] 0 Judgment was entered against: (Name) in the amount of 8 i95. 0. Defendants are Jointly and severally liable. j Damages wil! be assessed on Date L Timt ?? This case dismissed without prejudice. NOTICE OF JUDGMENT/7RANSCr-IPT? CIVIL CASE PLAINTIFF. NAM- and ADDRESS 'PENN WASTE I.NC 85 BRICKYARD RD PO BOX 3066 LJ' IYORR, PA 174,02 _I VS. DEFENDANT: NAME and ADDRESS ROPPERMAN, GARY Y- 17 N 26TH ST CAMP HILL, , Pik 17 011 L_ J Docker No.: CV- 0000408 - 09 Date Filed: 11/7.0/09 =+ ,Date .ofJudgment) 12/07/09 PENN WASTE INC, ROPPER.I-LAN, GARY M Amount of Judgment Subject to Attachment/42 Pa.C.S. g 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment S 702.45 Judgment Costs 5; 92.60 Interest on Judgment $ .00 Attorney Fees S .00 Total S 795.05 Post Judgment Credits 5; Post Judgment Costs S Certified Judgment Total S ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENTS Y FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HDLDER-ELE•CTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT.J.UDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS. ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I c/erflf that his is E. true and,,e?rrect copy ,-f th l t? ? C1 ? r Dale ? . r t hly commission expires first Monday of January; 2012 . r- --?'?y =?J, idea` iste.rial District Jud r- g 9 eprpr?oceedings containing the judgment. 3? . Magisterial Distri,cf. udaF' SEAL ADPC 315-07 DATE PRINTED: 12/07/09 3.06:00 PM EXHIBIT (* (OB' 1 L T, SHERIFF'S OFFICE OF CUMBERLkNE) COUNTY Ronny R Anderson Sheriff f ?ed»t?, of C:un,br'rl,)???, Jody S Smith j „ GFF1C? ??F :Np, SHERIFF Penn Waste, In- vs. Gary M Kopperman SHERIFF'S RETURN OF SERVICE Case Number 2010-796 05;2812010 12:59 RV - Michelle Gutshall, Deputy Sherif`,, who being duly sworn according to law, states that on May 2b 2010 a,, 1252 hours, she served a true copy of the within writ of execution, upon the defendant, to wit: Gary Kopperman, by making known unto Gary Kopperman, at his place of business, 827 W. Trinidle Road, Mechanicsburg, Cumberland County, PennsylvaniG 17055 its contents and at the same time handing to hirr personally the said true and correct copy of the same. Upon serving the writ of execution a levy was NOT compietBd and due to defendant Kopperman's actions, this will be considered as a levy refusal. Statement of Deputy Gutshall- SERVED AT BUSINESS ADDRESSS, GARY WOULD NOT ALLOW US TO EXPLAIN ANYTHING TO HIM. I STILL EXPLAINED WHY WE WERE THERE AND WHAT WE NEEDED TO DO AS MUCH AS I COULD, HE SAID WE CAN DO WHAT WE WANT WITH THE PAPER AND THf;T WE WILL JUST HAVE TO GET HIM AT HOME SOMETIME. I ASKED Ir HE IS RESIDING AT 1 N 26TH STREET, HE SAID NO_ I ASKED WHERE HE IS LIVING, HE SAID HE IS MOVING. WHEN I ASKED WHERE TO, HE SAID HE DIDN'T KNOW. I ALSO ASKED FOR A GOOD NUMBER, HE SAID WE ALREADY HAD IT. I READ THE CELL NUMBER WE HAVE ON THE COVER, SHEET1, HE SAID THA. T WAS CORRECT, HE ALSO INFORMED US THAT HE IS GOING TO NY TODAY HE WAS NOT COOPERATIVE AND WAS VERY EVASIVE. SO ANSWERS, June 07 2010 RONW R ANDERSON, SHERIFF (c) Gruniv5u4 Snwifl Tc¢y=,;,, Mc, EXHIBIT 44 C" PENN WASTE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-796 CIVIL TERM GARY M. KOPPERMAN, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 19th day of July; 2010, the Defendant having failed to appear for the hearing as scheduled, and having failed to answer the Rule to Show Cause, it is hereby ordered and directed that he gran the Sheriff of Cumberland County or any of his authorized deputies to enter his premises at 17 North 26th Street, Camp Hill, Pennsylvania, 17011, on Monday, August 23, 2010, at 6:00 p.m. Defendant's failure to abide by the terms of this order may result in his being subject to a finding of civil conterr.pt and may result in his incarceration of up to six months. Service of this Order to be made by Plaintiff upon Defendant by regular first class mail and certified mail, return receipt requested. It is further ordered and directed that Plaintiff is awarded $460.00 in attorney fees. By the Court, y o*" Edward E. Guido, J. t N it A. Slenker, Esquire Attorney for Plaintiff Gary M. Kopperman 17 North 26th Street Camp Hill, PA 17011 Sheriff srs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE, INC. V. GARY M. KOPPERMAN, NO.: 2010-00796 Plaintiff Defendant CERTIFICATE OF SERVICE ANI) NOW, this E day of `' r 17 2010, I, Neil A. Slenker, Esquire, of the law firm of Stock and Leader, attorne s for Plaintiff, hereby certify that I served the within Petition for Finding of Civil Contempt this day by depositing the same in the United States First Class Mail, postage prepaid, in York, Pennsylvania, addressed to: Gary M. Kopperman 17 North 26"' Street Camp Hill, PA 17011 STOCK AND LEADER l / By eil A. Slenker, Esquire Attorney for Plaintiff I.D. #77974 Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 (717) 846-9800 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FILED--L1-r;._ _.,-,!V ft c 1 E'? i2: 0? N- e !SYLV; w,A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE, INC., V. GARY M. KOPPERMAN, To the Prothonotary: NO.: 2010-00796 PRAECIPE Please substitute the enclosed original Verification for the faxed Verification attached to Plaintiffs Petition for Finding of Civil Contempt which was filed on or about September 10, 2010. Respectfully submitted, Date q- /?/ 161 STOCK AND LEADER By: -- eil A. Slenker, Esquire I.D. 77974 Attorney for Plaintiff Susquehanna Commerce Center East Building, 6th Floor 221 West Philadelphia Street York, PA 17401-2994 (717) 846-9800 Plaintiff Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL. BE USED FOR THAT PURPOSE. VERIFICATION I hereby affirm that the following facts are correct: I am an authorized agent of Penn Waste, Inc. in the foregoing action. The attached Petition is based upon information, which has been furnished to counsel in the preparation of this document. The language of the Petition is that of counsel and not mine. I have read the Petition and to the extent that the same is based upon information, which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Petition is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Petition are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. PENN WASTE, INC. B y: Sheila Iki er, Credit and Collections Supervisor Date:l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE, INC., V. GARY M. KOPPERMAN, NO.: 2010-00796 Plaintiff Defendant CERTIFICATE OF SERVICE AND NOW, this 14th day of ,Sri -t/r bl _ , 2010, I, Neil A. Slenker, Esquire, of the law fine of Stock and. Leader, attorneys for Plaintiff, Penn Waste, Inc., hereby certify that I served the within Praecipe to Substitute Verification this day by depositing the same in the United States mail, postage prepaid, in York, Pennsylvania, addressed to: Gary M. Kopperman 17 North 26t" Street Camp Hill, PA 17011 STOCK AND LEADER By: Nell A. Slenker, Esquire Supre?nt Court I.D. 77974 Attorney for Plaintiff Susquehanna Commerce Center- - East 221 West Philadelphia Street, Suite 600 York, PA 17401-2994 Phone: 717-846-9800 Fax: 717-843-6134 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. f PENN WASTE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2010-0796 CIVIL TERM GARY M. KOPPERMAN, Defendant CIVIL ACTION - LAW IN RE: CONTEMPT ORDER OF COURT AND NOW, this 27th day of October, 2010, after hearing, we find the Defendant to be in contempt of our prior order and he is so adjudicated. Sentence of the Court is that he undergo imprisonment in the Cumberland County Prison for 6 months. Conditions of purge are as follows: 1. That he grant the Sheriff access to his home for purposes of effectuating a levy. Said access to be granted at 6:00 p.m. on Thursday, October 28, 2010. The Defendant is directed to self-report to the Cumberland County Prison by noon on October 29, 2010, for commencement of sentence. If he has satisfied the condition of purge, he need not report. If he has not satisfied the condition of purge, the new condition of purge will be that he give the Sheriff a key to his home and he shall be released as soon as the levy has been effectuated. Failure to report to the Cumberland County Prison as directed shall result in the issuance of a bench warrant for his arrest. 0 The Defendant need not be present as long as he leaves the front door open. If the Defendant is not present, he shall have his dogs secured. By the , Edward E. Guido, J. ~T~ei1 A. Slenker, Esquire For the Plaintiff teary M. Kopperman 17 North 26th Street Camp Hill, PA 17011 S he r i f f .-. f (~e.~~L e ~u ,~ "~.. l~ :mlc ~ E.S' .~n~ t ~~c~ ~~ ~ "''v- -n C ~ .-{ ~ ~ o s -rt ~ ~~r ~ Q N ~ -n F' c`s =`` x c'~ o`„ ~c ~ TT ,~- O _' ~ - -c ..c r RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy of ?unr?Pr?? ?d OFFICE OF THE SHERIFF RICHARD W. STEWART Solicitor One Courthouse Square, Room 303 -) C= r.-3 1 ' Carlisle, Pennsylvania 17013 Zc January 14, 2011 - t_.. Z-: - -v j Penn Waste " = F - vS vs k'V F . n Gary Kopperman Writ No. 2010-796 Property Claim Determination To Whom It May Concern: Reference is made to Property Claim dated January 04, 2011, entered by Mark Krohn, Writ of Execution No. 2010-796 Civil Term, Penn Waste vs Gary Kopperman. Ronny R. Anderson, Sheriff, has determined that the claimant, Mark Krohn, in the above mentioned property claim, is the owner of the property set forth in the claim. cc Neil Slenker, Atty for Plaintiff Gary Kopperman, Defendant Mark Krohn, Claimant So ers, o y R. Anderson, Sheriff By ..r NOTICE OF PROPERTY CLAIM Penn Waste In the Court of Common Pleas Cumberland County, Pennsylvania VS Gary Kopperman No. 2010-796 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Mark Krohn, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 01-04-11 Cc Neil Slenker, Atty for Plaintiff Gary Kopperman, Defendant Mark Krohn, Claimant Sh f of Cumberland County -' I '?tf B XROPERTY CLAIM In the Court of Common pleas of Cumberland County, Peontylvania Penn Waste Writ NQ. 2010-796 VS Gary KOPPQNmam TO THE SHERIFF OF CUMBERLAND COUNTY, PIMSYLVAMA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE Y©O ATP /1UL Iff'S w tit/ 1 t (Z _ l 0 G M lea wA e- /dD t: S-r4CK A (? (C ujJ)- s 11 on PbC.o BE? OK 00eT Wfi-l, L VrU Q i .s U< ,L s N tG fit 7 t CemeNT (M_r 1<le It 1(-L- I W" M i x-A /1 2-1 77 k ? tl / w l i iv 7) nu r ru K. r\ ire -- 1 I I- I THE CLAUKANT OBTAINED TME TO THS PROPUTY AS FOLLOWS: e Awje ?r MS Q P rle-: Y P-tPP6-7-K en cc)mp*Av s n? r W ?U A ^J-e -ro ko ?.?1 i4 r^P H t,5 27-e 7-4-KCtU It-) -P Duct claimant MA-AK KRB OA( State ofPconsylvania: Ili, W?e A.,tUT U9 LLCY'er County of Cumberlimd w rr1 h fsw /Jc ?? 71 I? A 1V'GjQ being duly swom according to law, deposes and sa s that the above list in dw property claim are correct and true. Sworn and subserib d to before rm G`- This day of v t cOMMtxrw?Tt OF NoMW SOW oMY PW* y Sliver SON Twp?, Curt 2e14 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1EC-QF jUi Jody S Smith ??`?? T i?C?=? 0, fr?° t" Chief Deputy 29, 12 KAY -3 PM Z: ! 4 Richard W Stewart Solicitor CUMBERLAND COUN r y PENNSYLVANIA Penn Waste, Inc. Case Number vs. Gary M Kopperman 2010-796 SHERIFF'S RETURN OF SERVICE 05/28/2010 12:59 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 28, 2010 at 1252 hours, she served a true copy of the within writ of execution, upon the defendant, to wit: Gary Kopperman, by making known unto Gary Kopperman, at his place of business, 827 W. Trinidle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 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 NOT completed and due to defendant Kopperman's actions, this will be considered as a levy refusal. Statement of Deputy Gutshall: SERVED AT BUSINESS ADDRESSS, GARY WOULD NOT ALLOW US TO EXPLAIN ANYTHING TO HIM. I STILL EXPLAINED WHY WE WERE THERE AND WHAT WE NEEDED TO DO AS MUCH AS I COULD. HE SAID WE CAN DO WHAT WE WANT WITH THE PAPER AND THAT WE WILL JUST HAVE TO GET HIM AT HOME SOMETIME. I ASKED IF HE IS RESIDING AT 17 N 26TH STREET, HE SAID NO. I ASKED WHERE HE IS LIVING, HE SAID HE IS MOVING. WHEN I ASKED WHERE TO, HE SAID HE DIDN'T KNOW. I ALSO ASKED FOR A GOOD NUMBER, HE SAID WE ALREADY HAD IT. I READ THE CELL NUMBER WE HAVE ON THE COVER SHEET, HE SAID THAT WAS CORRECT. HE ALSO INFORMED US THAT HE IS GOING TO NY TODAY. HE WAS NOT COOPERATIVE AND WAS VERY EVASIVE. 07/19/2010 ORDER OF COURT - And now, this 19th day of July, 2010, the Defendant having failed to appear for the hearing as scheduled, and having failed to answer the Rule to Show Cause, it is hereby ordered and directed that he grant the Sheriff of Cumberland County or any of his authorized deputies to enter his premises at 17 North 26th Street, Camp Hill, Pennsylvania, 17011, on Monday, August 23, 2010, at 6:00 p.m. Defendant's failure to abide by the terms of this Order may result in his being subject to a finding of civil contempt and may result in his incarceration of up to six months. Service of this Order to be made by Plaintiff upon Defendant by regular first class mail and certified mail, return receipt requested. It is further ordered and directed that Plaintiff is awarded $460.00 in attorney fees. By the Court, Edward E. Guido 08/25/2010 Deputies Gutshall and Harrison went to the Kopperman residence pursuant to the Court Order issued in this case to enter and levy on Monday, August 23, 2010 at 6:00 p.m. Defendant Kopperman was not at home, nor did he appear in the half hour the deputies were present. Attorney Slenker notified this date. S7? L-fiPo?- (r,) Goi.mySuitc- Sher :ft. I &e ott. oc ego ?-6 >oo 10/27/2010 ORDER OF COURT And now, this 27th day of October 2010, after hearing, we find the Defendant to be in contempt of our prior order and he is so adjudicated. Sentence of the Court is that he undergo imprisonment in the Cumberland County Prison for 6 months. Conditions of purge are as follows: 1: That he grant the Sheriff access to his home for purposes of effectuating a levy. Said access to be granted at 6:00 p.m. on Thursday, October 28, 2010. The defendant is directed to self-report to the Cumberland County Prison by noon on October 29, 2010, for commencement of sentence. If he has satisfied the condition of purge, he need not report. If he has not satisfied the condition of purge, the new condition of purge will be that he give the Sheriff a key to his home and he shall be released as soon as the levy has been effectuated. Failure to report to the Cumberland County Prison as directed shall result in the issuance of a bench warrant for his arrest. The Defendant need not be present as long as he leaves the front door open. If the Defendant is not present, he shall have his dogs secured. By the Court, Edward E. Guido, Judge 10/28/2010 06:05 PM - William Cline and Shawn Gutshall, Deputy Sheriffs, who being duly sworn according to law, state that on October 28, 2010 at 1805 hours, they conducted a levy, upon the defendant, to wit: Gary M. Kopperman, at 17 N 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 10-29-10. 12/07/2010 Sheriffs sale scheduled for Wednesday, January 5, 2011 at 3:00 p.m. 12/08/2010 12:06 AM -Sale bill posted on December 8, 2010 at 1326 hours by Deputy Sheldon Marshall. Sale date set for Wednesday, January 5, 2011 at 1500 hours. Copy of sale bill mailed to attorney. 01/04/2011 On Tuesday, January 4, 2011 at 1406 hours, a property claim was filed by Mark Krohn. All parties notified by mail this date. 01/05/2011 Property sale scheduled for this date postponed by Attorney Slenker. Gary Kopperman advised by phone this date. 01/14/2011 Reference is made to Property Claim dated January 4, 2011, entered by Mark Krohn, Writ of Execution No. 2010-796 Civil Term, Penn Waste vs Gary Kopperman. Ronny R. Anderson, Sheriff, has determined that the claimant, Mark Krohn, in the above mentioned property claim, is the owner of the property set forth in the claim. 02/01/2011 Appearing that no objections have been filed in this case, the claimant will be refunded $ 25.00. 05/02/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED per request of plaintiffs attorney. SHERIFF COST: $228.39 May 02, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ?: CountySuit? ShenS. Teie?csoPi. Ins iE Oi6 O lA ' 3" 2013 JUN I I PH P 2� CUMBERLA-14D COUNTY PENNsYLVA'NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE;INC., NO.: 2010-00796 Plaintiff V. GARY M. KOPPERMAN, Defendant PRAECIPE TO MARK JUDGMENT SETTLED, SATISIFED AND DISCONTINUED To the Prothonotary: (XX) Please mark the above captioned judgment settled, satisfied and discontinued. STOCK AND LEADER By: eil A. Slenker, Esquire Attorney for Plaintiff Supreme Court No. 77974 Susquehanna Commerce Center East Building, Suite 600 221 West Philadelphia Street York,PA 17401-2994 Phone: (717) 846-9800 Fax: (717) 843-6134 Dated: 0o/0 0078970- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE, INC., NO.: 2010-00796 Plaintiff V. GARY M.KOPPERMAN, Defendant CERTIFICATE OF SERVICE AND NOW, this day of 2013, 1, Neil A. Slenker, Esquire, of the law firm of Stock and Leader, attorneys for the Plaintiff, hereby certify that I served the within Praecipe to Mark Judgment Settled, Satisfied and Discontinued this day via electronic delivery or by depositing the same in the United States mail,postage prepaid, in York,Pennsylvania,addressed to: Gary M. Kopperman 17 No 26 th Street Camp Hill,PA 17011 STOCK AND LEADER By: Date Neil A. Slenker,Esquire Supreme Court I.D. #77974 Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 0078970-'