HomeMy WebLinkAbout02-0162EASTERN CONSOLIDATION &
DISTRIBUTION SERVICES, INC.,.
Plaintiff
Vo
PAUL L. KREINER, JR., and
NANCY D. YOCUM-KREINER, his wife,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF CONFESSED JUDGEMENT FOR MONEY
To the Prothonotary:
Enter judgement in favor of the Plaintiff and against the Defendants, jointly and
severally, by confession for the mount of Seventy-Six Thousand Five Hundred Dollars and No
Cents ($76,500.00) by virtue of the attached documents "Agreement(s) Regarding Unpaid
Restitution" containing the warrant to confess.
Brian C. Linsenbach (Id//87360)
Attorney for Plaintiff
405 Sterling Street
Camp Hill, PA 17011
(717)761-4020
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA :
:
V. .'
:
PAUL L. KREINER, JR. :
PTD No. 99-0010D-01
AGREEMENT REGARDING UNPAID RESTITUTION
The following agreement is entered into by Paul L. Kreiner,
Jr., defendant in the above-captioned case, in recognition of his
obligation to the victim to whom restitution is owed based upon
the offense charged at the above-captioned number. In
recognition of these obligations, and fully intending to be
legally bound, the defendant acknowledges and agrees as follows:
1. On September 16, 1999, the defendant signed an Agreement
for Pretrial Diversion for eighteen (18) months at the above-
captioned diversion number and required as a condition of his
Pretrial Diversion, to make restitution in the amount of $85,000
jointly and severally with his wife, Nancy Yocum-Kreiner, to
Eastern Consolidation and Distribution Center, Inc.
2. The defendant acknowledges that he has failed to comply
with the restitutionary portion of the Agreement and that he
presently owes the victim $76,500.
3. The United States Probation Office has determined that
in consideration of the defendant agreeing to fulfill his
restitutionary obligation under the above-described Pretrial
Diversion Agreement, consideration will be given to allowing the
defendant's period of pretrial diversion supervision to expire as
originally set. The defendant realizes that his failure to pay
the above restitution obligation could form a basis for him to be
removed from the Pretrial 'Dive~sion Program and prosecuted.
4. Based on the above, and in consideration of forbearance
on immediate execution upon assets owned by the defendant, the
defendant hereby agrees to make restitution payments of $250 to
Eastern Consolidation and Distribution Center, inc., in the total
amount of $76,500. Said payments are to be made on a monthly
basis between the first and fifteenth day of each month and
mailed directly to ~Carl Linsenbach, Eastern Consolidation and
Distribution Center, Inc., 407 Sterling Road, Camp Hill,
Pennsylvania 17011." Additionally, the defendant agrees, should
his personal finances improve, to increase the monthly payments
accordingly. Further, the defendant agrees that if he moves from
his residence at 442 S. York Street, Mechanicsburg, Pennsylvania
17055, that he will notify Carl Linsenbach, Eastern Consolidation
and Distribution Center, Inc.
5. The defendant further agrees and confesses judgment for
the total unpaid restitution in the amount of $76,500 to Eastern
Consolidation and Distribution Center, Inc., and authorizes the
named victim and its attorney, to enter judgment against him for
said amount in any appropriate court for the full amount. It is
the defendant's intention that he be bound by this confession of
judgment and that judgment be entered pursuant to Rule 2951(a) of
the PA Rules of Civil Procedure.
Sworn to and subscribed before
me this ~x day of
/'d~ZAC~,._, 2001.
Deputy Clerk '
Witness
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
PROBATION OFFICE
IOSEP}I P. DONOHUE
CHIEF PROBATION OFFICER
WILLIAM ,l. NEALON U.S. COURTHOUSE
P.O, BOX 191
SCRANTON 185014)191
570-207-5840
HARRISBURG
March 28, 2001
240 W. 3ar~ ST, STE 114
WILL/AMSPORT 17701
570-323-3688
P.O. BOX 805
HARRISBURG 17108-0805
717-901-2860
Mr. Paul L. Kreiner, Jr.
442 S. York Street
Mechanicsburg, Pennsylvania
17055
ROOM201, 197 S. MAIN STREET
WILKES-BARRE 18701-1500
570-826-6257
Re: EXPIRATION OF PRETRIAL DIVERSIO~'
Dear Mr. Kreiner:
This letter is to inform you that the U.S. Attorney's
Office has permitted the period of your pretrial diversion
superv%sion to expire with a restitution balance.0wing. .Your
supervision expired without further action, because you signed
an Agreement (copy enclosed) to continue paying restitution to
Eastern Consolidation and Distribution Center, Inc., Attention
Mr. Carl Linsenbach. Please continue to make all future
payments in the form of a certified check or money order.
Please be advised that on March 15, 2001, the period of
pretrial diversion expired in your case, and you are no longer
obligated to this office.
Please'be further advised that although you have avoided
a conviction, a record of your arrest and information
regarding your participation in the Dro ram will '
by the FBI's Identification Div~o~^~=~ ~- be r~talned
~o~ ~uz Lnzee years ~rom your
expiration date. The FBI will disseminate this information to
ali authorized requesters, such as police and law enforcement
agencies.
I wish you the best in the future.
Sincerely,
Fonda L. Steele
U.S. Probation Officer
FLS/wlh
Enclosure
~-cc: ~'Eastern Consolidation and Distribution Center, Inc.,
Attention Mr. Carl Linsenbach, 407 Sterling Road, Camp
Hill, PA 17011 (w/Agreement);
Dennis Pfannenschmidt, Assistant U.S. Attorney,
Harrisburg, PA (w/Agreement);
Joseph P. Donohue, CUSPO, Scranton, PA
UNITED'STAT~S DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA :
:
V. :
:
NANCY D. YOCUM-KREINER :
PTD No. 99-0009D-01
AGREEMENT REGARDING UNPAID RESTITUTION
The following agreement is entered into by Nancy D. Yocum-
Kreiner, defendant in the above-captioned case, in recognition of
her obligation to the victim to whom restitution is owed based
upon the offense charged at the above-captioned number. In
recognition of these obligations, and fully intending to be
legally bound, the defendant acknowledges and agrees as follows:
1. On September 16, 1999, the defendant signed an Agreement
for Pretrial Diversion for eighteen (18) months at the above-
captioned diversion number and required as a condition of her
pretrial diversion, to make restitution in the amount of $85,000
jointly and severally with her husband, Paul L. Kreiner, Jr., to
Eastern Consolidation and Distribution Center, Inc.
2. The defendant acknowledges that she has failed to comply
with the restitutionary portion of the Agreement and that she
presently owes the victim $76,500.
3. The United States Probation Office has determined that
in consideration of the defendant agreeing to fulfill her
restitutionary obligation under the above-described Pretrial
Diversion Agreement, consideration will be given to allowing the
defendant's period of pretrial diversion supervision to expire as
originally set. The defendant realizes that her failure to pay
the above restitution obligation could form a basis for her to be
removed from the Pretrial Divqrsion Program and prosecuted.
4. Based on the above, and in consideration of forbearance
on immediate execution upon assets owned by the defendant, the
defendant hereby agrees to make restitution payments of $250 to
Eastern Consolidation and Distribution Center, Inc., in the total
amount of $76,500. Said payments are to be made on a monthly
basis between the first and fifteenth day of each month and
mailed directly to "Carl Linsenbach, Eastern Consolidation and
Distribution Center, Inc., 407 Sterling Road, Camp Hill,
Pennsylvania 17011." Additionally, the defendant agrees, should
her personal finances improve, to increase the monthly payments
accordingly. Further, the defendant agrees that if she moves
from her residence at 442 S. York Street, Mechanicsburg,
Pennsylvania 17055, that she will notify Carl Linsenbach, Eastern
Consolidation and Distribution Center, Inc.
5. The defendant further agrees and confesses judgment for
the total unpaid restitution in the amount of $76,500 to Eastern
Consolidation and Distribution Center, Inc., and authorizes the
named victim and its attorney, to enter judgment against her for
said amount in any appropriate court for the full amount. It is
the defendant's intention that she be bound by this confession of
judgment and that judgment be entered pursuant to Rule 2951(a) of,
the PA Rules of Civil Procedur .~ ~ ~~~
Witness
Sworn to and subscribed before
me this ~ ~] day of
---Z~AC~ , 200i.
Deputy Clerk
UNITED S~ATE~ DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
PROBATION OFFICE
JOSEPH P. DONOHUE
CHIEF PROBATION OFFICER
WILLIAM J. NEALON U.S. COURTHOUSE
P.O. BOX 191
SCRANTON 18501-0191
570-207-5840
HARRISBURG
March 28, 2001
Mrs. Nancy Yocum-Kreiner
442 S. York Street
Mechanicsburg, Pennsylvania 17055
240 W. 3~D ST, STE 114
WILLIAMSPORT 17701
570-323-3688
P.O. BOX 805
HARRISBURG 17108-0805
717-901-2860
ROOM 201,197 S. MAIN STREET
WILKES-BARRE 18701-1500
570-826-6257
Re: EXPIRATION OF PI~ETRIAL DIVERSION
Dear Mrs. Kreiner:
This letter is to inform you that the U.S. Attorney's
Office has permitted the period of your pretrial diversion
supervision to expire with a restitution balance owing. Your
supervision expired without further action, because you signed
an Agreement (copy enclosed) to continue paying restitution to
Eastern Consolidation and Distribution Center, Inc., Attention
Mr. Carl Linsenbach. Please continue to make all future
payments in the form of a certified check or money order.
Please be advised that on March 15, 2001, the period of
pretrial diversion expired in your case, and you are no longer
obligated to this office.
Please be further advised that although you have avoided
a conviction, a record of your arrest and information
regarding your participation in the program will be retained
by the FBI's Identification Division for three years from your
expiration date. The FBI will disseminate this information to
al± authorized requesters, such as police and law enforcement
agencies.
I wish you the best in the future.
Sincerely,
Fonda L. Steele
U.S. Probation .Officer
FLS/wlh
Enclosure
cc: Z,~stern Consolidation and Distribution Center, Inc.,
Attention Mr. Carl Linsenbach, 407 Sterling Road, Camp
Hill, PA 17011 (w/Agreement);
Dennis Pfannenschmidt, Assistant U.S. Attorney,
Harrisburg, PA (w/Agreement); .
Joseph P. Donohue, CUSPO, Scranton, PA
EASTERN CONSOLIDATION &
DISTRIBUTION SERVICES, INC.,
Plaintiff
Vo
PAUL L. KREINER, JR., and
NANCY D. YOCUM-KREINER, his wife,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.
CERTIFICATE OF RESIDENCE
I certify that plaintiff, Eastern Consolidation & Distribution Services, Inc., is a
Pennsylvania corporation, that has its registered office at 405 Sterling Street, Camp Hill, PA
17011, and that Defendants' last known address is 442 S. York Street, Mechanicsburg, PA
17055.
Date:
Brian C. Iffn~enbach (Id# 87360)
Attorney for Plaintiff
405 Sterling Street
Camp Hill, PA 17011
(717) 761-4020
EASTERN CONSOLIDATION &
DISTRIBUTION SERVICES, INC.,
Plaintiff
PAUL L. KREINER, JR., and
NANCY D. YOCUM-KREINER, his wife,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.
AFFIDAVIT PURSUANT TO PA. R.C.P. 2951(a)~2)(ii~
COMMONWEALTH OF PENNSYLVANIA:
-' SS.
COUNTY OF CUMBERLA_ND :
I, BRIAN C. LUVSENBACH, being duly sworn according to law, deposes and
says that I am authorized to make this A~davit on behalf of Plaintit~ and that judgement is not
being entered by confession again~ a natural person in connection with a consumer credit
transaction.
Sworn to and subscribed before me,
this 4th day of jan,,,,ry, .2002.
Notary Public (SEAL)
CHRISTIANNE SNYDER-TF.~TS
and ALTON E. TEETS,
Plaintiffs
ROBERT MILLER
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-162
: CIVIL ACTION- EQUITY
: ACTION TO QUIET TITLE
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO: ~ PROTHONOTARY OF CUMBERLAND COUNTY
Please enter judgment against the defendant in the above-captioned matter, Robe~ Miller,
on the issue of liability for failure to response within the~equired time., .an~aaswer to the action to
quiet title which enntained a notice to defend. [~%>. ~/~ , u L
Pursuant to Pennsylvania Rules of Civil Procedure, fi o ale 237.1,nwritt6n notice of the
plaintiffs intention to file this praeeipe for entry of defauit judgment was mailed to the party against
whom judgment is to be entered, Robert Miller, at~er the default occurred and at least ten days prior
to the date of the filing of this praecipe. A copy of the Notice is attached hereto as Exl}i.',bit "A" and
incorporated herein by reference, a~ or~ ~,.e,-~J'J~,~} v~t~ genl~(.~
Date:
Matthew~ Eshe
Law Offices of~
man, Esquire
[trick F. Laue~, Jr.
2108 Market Street Aztec Building
Camp Hill, Penn,, qvania 170114706
IDg 72655 Tel. (717) 763-1800
Exhibit B
CHRISTIANNE SNYDER-TEETS
and ALTON E. TEETS,
Plaintiffs
ROBERT MILLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-162
CIVIL ACTION - EQUITY
ACTION TO QUIET TITLE
O~DER
AND NOW, this ~ ~ day of /~u~ 2001, it is
hereby Ordered and Decreed that the Petitioners, Christianne
Snyder-Teets, and Alton E. Teets, are peITaitted to attempt service
upon the Respondent, Robert Miller, in the above-captioned action
to quiet title by conspicuously posting a notice on the premises in
question at 95 Kensington Drive, Lower Allen Township, Cumberland
County, for a period of sixty (60) days; and by advertising a
notice of the action once within 30 days of posting notice on the
premises in the legal publication designated for the publication of
legal notices, and once in one newspaper of general circulation,
within Cumberland County. If the Defendant has not responded
within sixty (60) days of posting notice on the premises, proper
service will be deemed to have been made upon the Defendant, and
the Petitioners may pursue the proceedings without further petition
to this Court regarding service of process.
BY THE COURT:
~ TRUE COPY FROM ~_c22~ ~,,~
~/ m Testime~ whereof, I here unto set
CHRI ST IANNE SNYDER-TEETS
and ALTON E. TEETS,
Plaintiffs
ROBERT MILLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-162
CIVIL ACTION - EQUITY ACTION TO
QUIET TITLE
AFFIDAVIT OF SERVI~
2! d.I, Shelby MSn$ch, being duly sworn, state that on this
~T~ day of ~O~__~ , 2001, did serve upon Robert Miller,
compliance with-the Pennsylvania Rules of Civil Procedure, the
foregoing Complaint and Notice in the manner indicated below:
in
Service bv Dostin~ on the premises
95 Kensington Drive
Lower Allen Township
Cumberland County
$~%elby ~inich
Nota .ze~ on thi~ '~{~day of ~
N0ta: '-P~Ii~ l ' ~
Commission Expires
Membw,
2001
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-New~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Mamh 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 8th day(s) of November 2001. That neither
he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the
allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317. "~'~~
PUBLICATION .....................................................
C O P Y ~ .... t.-, o,-,'~ o,,~,o,.,~h,,-~ ~,~f,',r,~ rn~:~S 15th da~of No, wmber 2001 A.D.
Tart/L Russell, ubll
I Harrisburg Dau!0hln County / ~ ~. L.-' ~.-~'~,- ///"L ! f~'J /
I My Comrnissiou Expires June S, 2002I NOTARY PUBLIC
Member, Pennsylvania Association of Nofarl~l~y commission expires June 6, 2002
LAW OFFICES OF PATRICK LAUER
2108 MARKET STREET, AZTEC BUILDING
CAMP HILL, PA. 17011
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
139.16
1.50
140.86
Publisher's Receipt for Advertising Cost
publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
receipt of the aforesaid notice and publication costs and certifies that the same have
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
NOVEMBER 9, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are
Rog
SWORN TO AND SUBSCRIBED before me this
9 day of NOVEMBER, 2001
Notary
NOrAR~ S~J. I
LOIS E. ,SNYDER, Notary Public I
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas of
Cumberland Cotmty, Pennsylvania
Civil Action--Equity
No. 01-162
CHRISTIANNE SNYDER-TEETS
and ALTON E. TEETS,
Plaintiffs
ROBERT MILLER,
Defendant
ACTION TO QUIET TITLE
NOTICE: To Robert Miller
You have been sued for action to
quiet title by the Plaintiffs, Christi-
anne Snyder-Teets, and Alton E.
Teets, on the grounds of fraudulent
inducement. If you wish to defend,
you must enter a written appearance
personally or by attorney and file
your defenses or objections in writ-
hag with the Court.
You are warned that if you fail to
do so the case may proceed with-
out you and a Judgment may be e~
tered against you without further
notice for the relief requested by the
plaintiff. You may lose money or
property or other rights important
to you.
YOU SHOULD TAKE THIS PA-
PER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAiR
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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Nov. 9
4