HomeMy WebLinkAbout12-0137SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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Lane Enterprises, Inc.
vs.
Fox's Hardware, Inc.
Case Number
2012-137
SHERIFF'S RETURN OF SERVICE
01/13/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Fox's Hardware, Inc., but was unable to locate them in
his bailiwick. He therefore deputized the Sheriff of Lebanon County, Pennsylvania to serve the within
Complaint and Notice according to law.
01/17/2012 12:55 PM - Lebanon County Return: And now January 17, 2012 at 1255 hours 1, Michael J. DeLeo,
Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the
within Complaint and Notice, upon the within named defendant, to wit: Fox's Hardware, Inc. by making
known unto Ken Zimmerman, Owner of Fox's Hardware, Inc. at 589 Freeport Road, Lebanon,
Pennsylvania 17046 its contents and at the same time handing to him personally the said true and correct
copy of the same.
SHERIFF COST: $37.45
January 27, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
tc) CountySuite Sheriff. T4 eosoft In;:.
CIVIL COMPLAINT
No. 12-137
Return To Cumberland County
Lane Enterprises, Inc.
VS.
Fox's Hardware, Inc.
STATE OF PENNSYLVANIA)
COUNTY OF LEBANON
} SS:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
717-243-0220
General File No. 12-00184
Bruce Klingler, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the
within CIVIL COMPLAINT upon FOX'S HARDWARE, INC. the within named DEFENDANT, by
handing a true and attested copy thereof, personally to KEN ZIMMERMAN, he being the Owner and
Person in Charge at the time of service on January 17, 2012 at 12:55 P.M., at 589 Freeport Road,
Lebanon (North Lebanon Township), Lebanon County, Pennsylvania, and by making known to him the
contents of the same.
Sworn to and subscribed before me
This 19u` day of January, 2012
ary Public
SO ANSWERS,
Is
DEPUTY SHERIFF
COMMON FALTH of P804MVAM By Authorization Of:
Notvw seas
Debra Ann Jo vwn, Notary N*c
Gty of Lebanon, Lebo= County r !p ?k ??? ?J ? S N ?c?--
My Oww" n bon W. 20, 2015
HWRVn P&Wm VWA ASSOCIATION of NOM M Is
SHERIFF
SHERIFF'S COSTS IN ABOVE PROCEEDINGS
Advanced Costs paid on 01/17/2012 Check No. 85001 Amount $ 100.00
Costs Incurred: Amount $ 75.27
Amount Of Refund: Check No,? q f f Amount $ 24.73
All Sheriffs Costs shall be due and payable when services are performed, and it shall be
lawful for him to demand and receive from the party instituting the proceedings, or any party
liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by
law to make return thereof.
Sec. 2, Act of June 20, 1911, P. L. 1072
LANE ENTERPRISES, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSY,j?VANI
CIVIL ACTION -LAW
V. : am :=ft
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NO. 12-137 CIVIL TERM z;U 7
FOX'S HARDWARE, INC.,
Defendant 5 -w
'S
PRAECIPE FOR DEFAULT JUDGMENT
TO: DAVID D. BUELL, PROTHONOTARY
Please enter judgment in favor of Plaintiff and against Defendant in the above
matter in the sum of $17,573.50 plus costs and interest at the legal rate from January 17,
2012, for failure of Defendant to plead within twenty (20) days from the date of service
of the Complaint. It is certified that Notice of Intention to Enter Default Judgment has
been given in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure.
A copy of said Notice is attached hereto.
Date: March 12, 2012
/'/ I / i_-72. //A
Wayne F.Ahade, Esquire
Supreme Court I.D. # 15712
53 West Pomfret Street:
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
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LANE ENTERPRISES, INC.,
Plaintiff
V.
FOX'S HARDWARE, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 12-137 CIVIL TERM
NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT
TO: Fox's Hartware, Inc.
Date of Notice: February 17, 2012
IMPORTANT NOTICE
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 NOTICE TO A LAWYER AT ONCE. IF YOU DO
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
r
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: 717-249-3166
Wayne F. Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LANE ENTERPRISES, INC.,
Plaintiff
V.
FOX'S HARDWARE, INC.,
589 Freeport Road
Lebanon, PA 17046
Defendant
( ) Confessed Judgment
( ) Other - District Justice
: NO. 12-137 CIVIL TERM
Amount Due: $17,573.50
Interest from January 17, 2012
Attorney's Commission:
Costs:
I 't National Bank of Fredericksburg
3016 South Pine Grove Street
Fredericksburg, PA 17026
Garnishee
PRAECIPE FOR WRIT OF EXECUTION
TO: David D. Buell, Prothonotary
C'
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does, it
is based on the appropriate original proceeding filed pursuant to Act 7 of 1966, as
amended.
Issue Writ of Execution in the above matter to the Sheriff of Lebanon County,
Pennsylvania, for debt, interest, and costs against I St National Bank of Fredericksburg.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue Writ of Attachment to the Sheriff of Lebanon County, Pennsylvania, for
debt, interest, and costs, as above, directing attachment against the above-named
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Garnishee for all property of Defendant in the possession, custody, or control of the said
Garnishee.
Date: April 2, 2012
0
'
Wayne It. Shade, Esquire
Supreme Court I.D. # 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
PRAECIPE FOR ENTRY OF APPEAMN"W_ L/?!"D' ,
LANE ENTERPRISES, INC.,
Plaintiff
FOX'S HARDWARE, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 12-137
VS.
FIRST NATIONAL BANK OF
FREDERICKSBURG,
Garnishee
TO PROTHONOTARY OF SAID COUNTY:
Sir or Madame, please enter the appearance of SPITLER, KILGORE and ENCK,
PC, by, Paul W. Kilgore, Esquire, whose address is 522 South Eighth Street, Lebanon,
Pennsylvania 17042 as Attorney for the First National Bank of Fredericksburg, the
Garnishee in the above captioned case.
SPIT 4.2 Date: / B
KILGORE 8? ENCK, PC
Paul W. Kilgore, Esquire
I.D. No. 25180
LANE ENTERPRISES, INC.,
Plaintiff
FOX'S HARDWARE, INC.,
Defendant
VS.
FIRST NATIONAL BANK OF
FREDERICKSBURG,
Garnishee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-137
ANSWER TO ' ' ` - -
INTERROGATORIES TO GARNISHEE c
AND NOW, comes the FIRST NATIONAL BANK OF FREDEF21CkSbURG,
Garnishee, and files the following Answers to Interrogatories addressed to Garnishee as
follows:
1. State with respect to the time that you were served with the Writ in the above-
captioned matter or at any subsequent time, as follows:
a. Whether or not you owed any Defendant any money;
Answer.- Yes - Fox's Hardware, Inc. had a checking account # 960252 at First
National Bank of Fredericksburg. Balance at time we were served - $2,135.19. Subsequent
deposits were made, bringing the balance on 517112 to $16,926.96.
b. Whether or not you were liable to any Defendant on any negotiable or other
written instrument, or
Answer.' No
c. Whether any Defendant claimed that you owed any Defendant any money or
were liable to any Defendant for any reason.
Answer: See 1(a) above.
2. If any of your responses to Interrogatory No. 1 above are in the affirmative, state, as
follows:
a. The amounts which you owed any Defendant or which any Defendant claimed you
owed,
Answer.- See 1(a) above.
b. If there is more than one Defendant, which Defendant you owed or were claimed
to have owed;
Answer.- N/A
c. The reasons why such sums were owed by you;
Answer. See 1(a) above.
d. Whether or not the obligations creating the debt were in writing; and
Answer: Yes - signature card for checking account
e. The dates when such sums became owed by you.
Answer- balance when served on 4111112 - $2,135.19. Deposits made as follows:
4111112 - $953.48, 4112112 - $19.07, $492.09, 4113112 - $67.78, 4116112 - $59.09,
$1,321.25, 4117112 - $33.35, $74.66, $256.16, $734.92, 4118112 - $415.60, 4119112 -
$14.38, $229.21, 4120112 - $202.69, $1,083.04, 4123112 - $679.09, $811.81, 4124112 -
$50.90, $134.48, $254.58, $897.77, 4125112 - $78.50, 4126112 - $1,258.37, 4127112 -
$338.14, 4130112 - $54.01, 511112 - $793.58, $401.68, $519.36, 512112 - $913.55,
513112 - $51.94, 514112 - $193.49, 517112 - $380.79, 518112 - $190.32, $295.94,
$223.23, $313.47
3. State with respect to the time that you were served with the Writ in the above-captioned
matter or at any subsequent time, as follows:
a. Whether you held legal title to any property of any nature which was actually
legally or equitably owned solely or in part by any Defendant;
Answer. No
b. The fractional interests of all joint owners or custodians including yourself;
Answer: N/A
c. Description of all such items and identifications as to any particular joint custody
or ownership;
Answer: N/A
d. Values of each of such items,
Answer. N/A
e. Whether or not the items are encumbered,
Answer. N/A
f. If encumbered, the names and addresses of the encumbrance holders;
Answer: N/A
g. If encumbered, since when:
Answer. N/A
h. If encumbered, the amount of the initial encumbrance;
Answer. N/A
i. If encumbered, the amount of the present balance of the encumbrance;
Answer.- N/A
j. If encumbered, whether or not such items were subjected to a security interest;
and
Answer. N/A
k. If subjected to a security interest, where and when the security interests were
filed.
4. State with respect to the time that you were served with the Writ in the above-captioned
matter or at any subsequent time, as follows:
a. Whether you held as fiduciary any property in which any defendant had an
interest;
Answer. No
b. Descriptions of all such items;
Answer. N/A
c. Values of each of such items;
Answer. N/A
d. Whether or not the items are encumbered;
Answer. N/A
e. If encumbered, the names and addresses of the encumbrance holders;
Answer. N/A
f. If encumbered, since when;
Answer.- N/A
g. If encumbered, the amount of the initial encumbrance;
Answer. N/A
h. If encumbered, the amount of the present balance of the encumbrance;
Answer. N/A
i. If encumbered, whether or not such items were subjected to a security interest;
and
Answer. N/A
j. If subjected to a security interest, where and when the security interests were
filed.
Answer.- N/A
5. State with respect to the time that you were served with the Writ in the above-captioned
matter or at any subsequent time, as follows:
a. Any property which you transferred or delivered to any person or place in
satisfaction of a claim which anyone had against any Defendant;
Answer: None
b. The dates of transfer;
Answer.- N/A
c. The names and addresses of the transferees,
Answer. N/A
d. The family relationships, if any, to any Defendant of any such transferees;
Answer. N/A
e. Descriptions of all such items;
Answer. N/A
f. Values of each of such items;
Answer.- N/A
g. Whether or not the items were encumbered;
Answer. N/A
h. If encumbered, the names and addresses of the encumbrance holders;
Answer.' N/A
i. If encumbered, since when;
Answer. N/A
j. If encumbered, the amount of the initial encumbrance;
Answer. N/A
k. If encumbered, the amount of the balance of the encumbrance at the date of
transfer,
Answer.' N/A
I. If encumbered, whether or not such items were subjected to a security interest;
and
Answer.- N/A
m. If subjected to a security interest, where and when the security interests were
filed.
Answer. N/A
6. State with respect to the time that you were served with the Writ in the above-captioned
matter or at any subsequent time, as follows:
a. Whether or not there were any other executions pending against any Defendant as
to which you were listed as Garnishee;
Answer. None
b. If so, the names and addresses of the lienholders;
Answer.' N/A
c. If so, state the courts from which such executions issued and the docket numbers
of the executions; and
Answer. N/A
d. If so, state the amounts of the executions.
Answer NIA
7. If you were a bank or other financial institution at the time that you were served or at any
subsequent time, did Defendant have funds on deposit in an account in which funds are
deposited electronically on a recurring basis and which are identified as being funds that
are exempt from execution, levy or attachment under Pennsylvania or federal law? If so,
please identify each account.
Answer No
8. If you were a bank or other financial institution at the time that you were served or at any
subsequent time, did Defendant have funds on deposit in an account in which the funds
on deposit, not including any otherwise exempt funds, did not exceed the amount of the
general monetary exemption under 42 Pa. C. S. S 8123? If so, please identify each
account.
Answer.' No
These Interrogatories shall be deemed to be continuing Interrogatories. If after the time of
your answer you or anyone acting in your behalf learn or obtain additional information
requested, but not supplied in your answers, you shall promptly furnish a supplemental
answer under oath containing the same.
Spitler, ? ore Enck, PC
522 South 8th Stoe't
Lebanon, PA 17042
(717) 273-7621
ID # 25180
VERIFICATION
I verify that the statements made in this 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
unsworn falsification to authorities.
First National Bank of Frederick urg
P n
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By. J
nis G. Gearhart, Vice President
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ate
LANE ENTERPRISES, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
V.
NO. 12-137 CIVIL TERM
FOX'S HARDWARE, INC.,
Defendant
PRAECIPE FOR JUDGMENT UPON ADMISSIC?- .;
3146(b)(1)
P
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PURSUANT TO PA
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TO: David D. Buell, Prothonotary
Please enter judgment in favor of Plaintiff and against First National Bank of
# Fredericksburg upon admission in the above matter in the sum of $16,926.96.
Date: May 15, 2012
Wayne F<Shade, Esquire
Supreme Court I.D. # 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
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LANE ENTERPRISES, INC.,
Plaintiff
V.
FOX'S HARDWARE, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 12-137 CIVIL TERM
PRAECIPE
M
UPa.
Z...
TO: DAVID D. BUELL, PROTHONOTARY
f„ r
Please mark the docket in the above matter "Satisfied" as to the Garnishee, First
National Bank of Fredericksburg, only.
Date: May 29, 2012
G?
Wayne F. Shade, Esquire
Supreme Court I.D. # 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
p? a'I 5s 38