HomeMy WebLinkAbout05-2014
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V AN A
NO. (:)5 - ;}..Oli C; l)'l C ~
BRADLEY CALDWELL, INe.
Plaintiff
CHRISTOPHER P. NELLlNG, JOEL A. CIVIL DIVISION - LAW
V ANASDLEN and DEBRA G. HORNBERGER, Each
Individually and Trading As, CHRIS'S CRITTERS
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the allowing pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a witten appearance
personally or by an attorney and filing in writing with the court your defenses or objections to the claims set orth against you.
You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered ainst you by the
court without further notice for any money claimed in the complaint or for any other claim or reliefrequeste 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 ROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROV DE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE P RSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY A VENUE
CARLISLE PA 17013
(717) 249-3166
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLV ANI
Ct~L~
NO.
or - ;)..OIY
BRADLEY CALDWELL, INC.
Plaintiff
CHRISTOPHER P. NELLING, JOEL A.
V ANASDLEN and DEBRA G. HORNBERGER, Each
Individually and Trading As, CHRIS'S CRITTERS
Defendants
CIVIL DIVISION - LAW
COMPLAINT
The Plaintiff. BRADLEY CALDWELL, INC., by its attorneys, KNUPP, KODAK & IMBLUM, .C., brings this
DOLLARS AND THIRTY -FOUR CENTS ($3,132.34), along with interest thereon from November 12,20 upon a cause
action of Assumpsit against the Defendants to recover the sum of THREE THOUSAND, ONE HUNDRED HIRTY-TWO
of action of which the following is a statement:
] . The Plaintiff, BRADLEY CALDWELL, INC., is a corporation organized and existing under he laws of the
Commonwealth of Pennsylvania, having its principal office and place of business at 200 Kiwanis Boule rd, Hazleton,
Pennsylvania 18210.
2. The Defendant, CHRISTOPHER P. NELLING, is an adult individual with an address of 10 eterans Way,
Mercersburg, Franklin County, Pennsylvania] 7236.
3. The Defendants, JOEL A. V AN ASDLEN and DEBRA G. HORNBERGER, are adult indiv uals with an
address of 209 E. Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257.
4. The Defendant, CHRIS'S CRITTERS, is a business, having its principal office and place ofb siness at 300
S. Fayette Street, Shippensburg, Franklin County, pennsylvania 17257.
F:\USI'R\STACY\CCP COMPLAINTS\WORK\BcadleyC3 1298.wpd:I I Apr05
2
5. Plaintiff, at the special instance and oral request of the Defendants, sold and delivered oods, wares and
merchandise to the Defendants.
6. The prices charged for said goods. wares and merchandise were just and reasonable, w re the legal and
market prices therefor and were the prices which the Defendants orally promised and agreed to pay to PI ntitf.
7. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same an have previously
been provided to Defendants.
8. The balance due and owing by Defendants to Plaintitfis the sum of Two Thousand, SixHund ed Ten Dollars
and Twenty-Eight Cents ($2,610.28), as appears by Plaintiffs Statement of Account hereto attached, marke as Exhibit "A"
and made a part hereof.
9. Due to the default of Defendants, and pursuant to the terms and conditions of the Com ercial Credit
Applications, with Personal Guaranties, executed by Defendants hereto attached, marked Exhibit "B" and mad a part hereof,
attorney's fees in the total amount of Five Hundred Twenty-Two Dollars and Six Cents ($522.06) have been added to said
account.
10. Plaintitf frequently demanded payment from Defendants of said amount due and owing as foresaid, but
Defendants refused and neglected and still refuse and neglect to pay said amount of any part thereof.
F:\USER\STACY\CCP COMPLAINTS\WORK\BradleyCJ I 298,\vpd: I I Apr05
3
WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of THREE TH USAND, ONE
HUNDRED THIRTY-TWO DOLLARS AND THIRTY-FOUR CENTS ($3,132,34), along with inter st thereon trom
November 12, 2004.
Respectfully submitted,
KNUPP, KODAK & IMBLUM, P.c.
-;2: .
4~~"
Robert D. Kodak
407 North Front Street
Post Office Box # 11 848
Harrisburg, PAl 71 08-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
HlISER\ST ACY\CCP COMPLAINTS\WORK\lJradleyC3/298.wpdo I I AprOS
4
\-J.111l/04
7941900
'I\.'<"~"')"'; ..,< _':' ,
MASTER FILE ,INQUIRY '~."'A/R DETAIL'''~'',i
CHRIS'S CRITTERS *COLLECTION* Routes
** SUSPENDED stops
CHRIS'S CRITTERS *COLLECTION* Phone: 717
300 S FAYETTE ST Salesman:
SHIPPENSBURG PA 17257 CHRISTOPHER NELLING
NO FED X*UPS ONLY*M-TU-TH-FR CLOSED WEDS 11/11/04 COLLECTION
A/R Detail
Amount Discount
373.94 2.77
734.04 5.47
473.63 3.51
458.63 3.40
542.14 4.03
11.29 .08
16.61
rnvoice#
1154680
~164689
-/172975
,}177477
/188594
/188595
999999
Inv-Date
8/06/2004
8/20/2004
9/03/2004
9/10/2004
9/24/2004
9/24/2004
Type
INV
INV
INV
INV
INV
INV
L/e
/.i '",olI;'
131 000 00
300
/ 530-7726
205 Permit
.. ,,' ,,, ~,...;
MFI170
000 000
'Disc'
0/00/00
PALL T
UPS: info n/a
Received
Adjn
Due Date
9/05/2004
9/19/2004
10/03/2004
10/10/2004
10/24/2004
10/24/2004
CMD 1 Resum Srch 2 Begin Srch 3 Billng Dta
6 Price Inqr 7 Credit Chk 9 Credt Note
Bottom
4 AIR BaInce 5 Sales Data
10 CsSrv Note 24 Exit
Roll-Up or Down to ontinue
'!?ef 0 7ftfrf~
COMMERCIAL CREDIT APPLICATION
......._", ',,""._.<f/ ._,...~
ALDWELL. INC.
nis Boulevard
. BoxT
n, PA 18201
OCT 0.5 tUO';
-.\\: :2 Co 8-
TRADE NAME OR A IF APPUCASLE
M
OTHER NAMES 0 RELATED BUSINESS ENTITIES
S~ciflc Business Information
\i 0..:' C"e
TYPE OF BUSINESS
CORPORATION 0 SOLE PROPRIETORSHIP 0 PARTNERSHIP
LEGAL STATUS OF BUSINESS (Check 1)
;;10- 5
BUS. Lie. # RESALE' If. EMPLOYEES
o TE BUSINESS STARTED
/
UMBER OF LOCATIONS
DATE INC.
STATE INC. f
NAME OF BANK OFFICER
CHECKING ACCOUNT. /I
TYPE OF ACCOUNTS
M-
OTHER BANKING/FINANCIAL RELATIONS - lisl on SElparate Sheet if NecessaJ'f
(
TELEPHONE NUM EA(S) AND AREA CODE
o COMMERCIAL ACCOUNT - /I
j- ()()- 7 S- 95"5
..."'. l:"UI"'l~IC:_~I!.~ FilliP "",n AD.:c.l. "''''''1'\1=
NAME AN:.0 S OF FORMER BUSINESS(5) - List on Separate Sheet if Necessary
N.6,ME ANOA DRESS OF ASSOCIATED BUSINESS(S) -list or'l.Se arat eel II Necessary
LEASED Q RENTED 0 OWNED Cl
CURRENT BUSINESS REA......~.JI'TE (eho,k 1)
7't MORTGAGE CARRIED BY
NAME. ADDRESS, TELE HO OF PRESENT LANDLORD
HAVE YOU EVER HAD A FI E lOSS? (SPECIFY)
./
JOINT PERSONAL GUARANTY
We,
residing at for good and
valuable consideration including the extension of credit whic e hereby acknowledge as havin been received
do hereby personally guaranty and promise to pay any obligation to Bradley Caldwell, Inc., and al its' divisions,
on demand for any indebtedness of ..l:.hti., - 5 U;..f.h, r ~ to Bradley aldwell, Inc.,
\cfJmpany~
and all its' divisions, which may become due.
This guaranty shall be a continuing and irrevocable guaranty and indemnity to Bradley Cald ell, Inc., and
all its' divisions. Further, we, jointly and severally, hereby subrogate any ind btedness of
(1\i\ "5-'5 ( f'drc:.M which it may have to us to the indebtedn ss of Bradley
(Compan)'N1UIle)
Caldwell, Inc., and all its' divisions.
We do hereby waive notice of default, non-payment and notice thereof and to jury trial and
renewals of extension of credit.
Date:
Signature:
Signature:
The undersigned personal guarantor, recognizing that his or her individual credit history ma be a neces-
sary factor in the evaluation of this personal guarantee, hereby consents to and authorizes the use of a
consumer. credit report on the undersigned, by the above named business credit grantor, from time to time
as may be needed, in the credit evaluation process.
i--
~
-------------------,----------------
I Sales Tax Exemption Certificate
I
~ To: Bradley Caldwell, Inc. .
I Cbeck one: ltYBlanket _.' ~.O Si~gle Purcbase
I
I
(I) 6!Ocnf'17oGf{ ~/'5<7t/1&t! c4J;~:
Account Name J
Signature:
Signature:
Authorization to Release Bank Information
i authOi'lie.-~ I
C'. Bank Name D /- (;I)
, ''2 eM ~ I;:>Cl P7 /'\
to provide information to Bradley Caldwell. Inc. on my accounts
~.
j ,p'
---= ".-),
(2) Chr'-" 's
Cr,' fI~r c,
Account Name
I hereby certify: That I hold a valid eller's permit No.
issued pursuant to the (state) Sales and se Tax Laws that I am
engaged in the business of selling that the tan hIe personal property
described herein which I shall purchase from Bradley Caldwell, Inc. ill be resold by me in
the fonn of tangible personal property: provided, however, that in the vent such property is
used for any purpose other than retention, demonstration, or displa while holding it for
sale in the regular course of business. it is understood that I am req . red by the Sales and
Tax Use Law to report and pay the tax, measured by the purchase p e of the propeny.
rr [S MANDATORY TO RETURN WITHIN TWO WEEKS
Failure to return will subject all future purchasps to sales t "
Description of property to be purchased: ,q, T .
OJOtJ 7'1l/tC8
Account Number
03607(;150
Account Number
x~~.~
Please print name and address
Street
Name
"
Principals or Partners
:::JC
NAME
if!
PA
CITY AND STATE
COMPANY
PRIOR EMPLOYMENT
A
CITY AND STATE
CUSTOMER AGREEMENT
The undersigned hereby makes application for credit and provides information contained herein, which is warra ed to be true and
correct, for the purpose of inducing Bradley Caldwell, Inc. direclly to make periodic sales of goods and material to it on credit. In
consideration thereof, it is agreed and understood that (1 ) the undersigned is an authorized agent of the applicant nd is duly empow.
ered to enter into and make binding agreements on its behalf; (2) all amounts charged under this account are paya Ie in full within the
terms of sale established for the account; (3) all payments shall be made to the appropriate division of Bradley aldwell, Inc., 200
Kiwanis Boulevard, P.O. Box T, Valmont Industrial Park, Hazleton, PA 18201; (4) on balance remaining unpaid for a eriod of thirty (30)
days to pay 1 '12% service charge, such charge to be added to the balance of the account as reported in the monthly s atement; (5) in the
event of default in the payment of any amount due, the balance of the accounI shall at the option of Bradley Caldw II, Inc. be due and
payable Immediately; (6) and if this account is placed in the hands of an agency or attorney for collection or leg action, to pay an
additional charge equal 10 20% of the outstanding account balance to offset the cost of collection including agency nd attorney fees,
and court costs. The undersigned customer further agrees that it shall not permit or suffer any change in customer 0 ership or the sale
of all or substantially all of Ihe customer's assets without providing prior written notice to Bradley Caldwell, Inc. and es hlishing arrange.
ments for the payment ot the then outstanding amounts owed by the undersigned customer on terms acceptable to Bradley Caldwell,
Inc. Credit terms with any successor shall be at Bradley Caldwell, Inc.'s discretion based upon the successor's credi worthiness under
Bradley Caidwell, Inc.'s then applicable credit policies and standards. Failure to provide Bradley Caldwell, Inc. with such prior written
notice of a change in ownership or a sale of all or substantially all of the customer's assets shall cause the undersig ed customer, and
each principal who personally guarantees the undersigned customer's liabilities to Bradley Caldwell, Inc. to remain ful y liable to Bradley
Caldwell, Inc. with respect to all amounts owed by the undersigned and such successor.
Signed J:h,~j.,>_C~//t/'.5
, - 1"'--' ._--,
Dated
9- J6- 2001./
By
Tille
Address
GUARANTY & SURETYSHIP PROVISION
In consideration of the credit being extended to the above named firm, and the direct and indirect benefit received by the undersign d by virtue of such
credit extension, the undersigned does hereby personally guaranty and beco,:"9 surety for 81.1 amounts owed to Br~dley Caldwel Inc. by the above
named firm. This Guaranty & Suretyship is absolute, unconditional and continuing. The unders,gn~ does ~erebY,walve and conse t to any rearrange- ,~j
ment, extension, modification, amendment and/or renewal of the indebtedness ~er~by granted Without prior notice or ,any approv I. In the 8~ent this '~;d
Guaranty is placed for collection, the undersigned agrees to pay all costs of collectIon and reasonable attorney's f~es.lf signed by mo et~an one person, . '.",
the liability hereunder shall be joint and several. Intending to be legally bound hereby, the undersigned sets thelf hands and seals. hiS Guaranty and ";s
Suretyship shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, gardless of the place of e cution. ..A.~
'M
Dated ~ -)(; - ;J,ool/
Signed
-,.~
''';;''
. :" ~~~7';ii4
".::~~:~l~;;;
.,.A~
~.~u.{
Address
200 Kiwanis Boulevard, P.O. Box T, Hazleton, PA 18201-0078. (570) 455-751
* COpy OF NEW OWNER'S APPLICATION
CREDIT APPLICATION
INSTRUCTIONS
. Use Blue or Black Ink Only.
. Please complete fully. Incomplete or missing information will cause delays and may esult
in returning the application to you.
. Please attach a copy of your most recent financial statement so that we may better ev luate
your operation.
. Should you wish your personal worth considered in establishing a line of credit, you
complete the section designated "Personal Guaranty" on page 2. A personal financial
statement must be forwarded along with this application.
. The sales tax exemption certificate on page 2 must be filled out and signed to avoid t e
billing of state sales tax. Under law, Bradley Caldwell. Inc. must charge tax if the cert fi-
cate is not on file or if you have applied for and not received the certificate from your tate
tax department.
. Unsigned applications will automatically be returned.
3911 P .,~ .1./0
'lJ. '1).'l.J8~tJO
COMMERCIAL CREDIT APPLICATION
".,.-,
Submliied to:
....,,_..... ...-......_<..'..........~,..... ~_.,~.
BRADLE ,CALDWELL, INC.: l
200 Kl . nis Boulevard
.0. BoxT
Hazl ton, ]:>A 18201
~
tJ
Principal Business Location for Billing
'hriS"J (r:r R{J
COMPLETE NAME OF BUSINESS r- Tt
00 S. r".e. -<:
STREET ADDRESS \ _ (J
k ~;15 lJvr r
CITY AND STAT
r
ST
1'7 d ')7
ZIP CODE
(1/7) -5 - "'77J6
TELEPHONE N BER(S) AND AREA CODE
TRADE NAME OR DBA IF APPLICABLE
OTHER NAMES OR RELATED BUSINess ENTITIES
SpeciJjc Business Information
fel R.eic,;
TYPE OF BUSINESS
PARTNERSHIP 0
iI I 01 ~ c.
ATE BUSINESS STARTED
').
NUMBER OF LOCATIONS
~o). '803 '6"8
o
# EMPLOYEES
DATE INC.
STATE INC. N
o~ 0 >;,
SI:
17;}5
ZIP COOE
S v-ee k5
HOW lONG WITH BANK
a SAVINGS ACCOUNT. #
(117) SJ - 77'66
BEAlS) AND AREA CODE
o COMMERCIAL ACCOUNT.' ) ;) J5') 9; (~"~.
OTHER BANKINGfFINANCIAL RELATIONS - Ust on Separate Sheet if Necessary
Trade References f I
t ( (J-Y)O/S
NAME _ ,
]70~-1J. QVC>.fr
:tv\C
~cJ q.J
1'0 f3o~ ~O
1/5'7)
Co.
ZIP CODE
(70) J<3T Sq"J j-
TELEPHONE N MBER AND AREA CODE
5'{l!Jl-t-
N
5~
S"JS' 7 (;v;-rn eo"
STREET ADDRESS
c.:.t-t"lYl'l be,Sblo',r.
CITY AND STATE
ef'S
07/ocg
ZIP CODE
'}7)) 57'1 ~dOO
TELEPHONE N MBEA AND AREA CODE
NAME
f(ci
(Jot
I /7Jor
(717) ']7 'Nt'd.
TELEPHONE N BEA AND AREA CODE
General Information
NAME AND ADDRESS OF FORMER BUSINESS(S) -Ust on Separate Sheet If Necessary
NAME AND ADDRESS OF ASSOCIATED BUSINESS(S) Ust on Separate Sheet il Necessary
lEASED a RENTED 0 OWNED 0
CURRENT BUSINESS AEAL eSTATE (Check 1) MORTGAGE CARRIED BV
NAME, ADDRESS, TELEPHONE OF PRESENT LANDLOAD
HAVE YOU EVER HAD A FIAE LOSS? (SPECiFY)
~-
JOINT PERSONAL GUARANTY
We,
residing at
Date:
...
and
for good and valuable consideration including the extension of cr it which
we hereby acknowledge as having been received do hereby personally guaranty and p omise to
pay any obligation to Bradley Caldwell, Inc., and all its' divisions, on demand for any ind btedness
of to Bradley Caldwell, Inc., and all its' ivisions,
which may become due.
This guaranty shall be a continuing and irrevocable guaranty and indemnity t Bradley
Caldwell, Inc., and all its' divisions. Further, we, jointly and severally, hereby subr gate any
indebtedness of which
it may have to us to the indebtedness of Bradley Caldwell, Inc., and all its' divisions.
We do hereby waive notice of default, non-payment and notice thereof and to ury trial
and consent to all renewals of extension of credi t.
-------------------1---------------- -------
I Sales Tax Exemption Certific e
I
I To: 8radley Caldwell. Inc.
I
I
to provide infonnation to Bradley Caldwell. Inc. on my accounts I
I
I
I
I
I
I
I
I
I
I Please print name and addcess
I Name
I
I Street
I Signature X
I
Witness:
Address:
Authorization to Release Bank Information
I authorize
Da lJ f ~'l ,\
Oefei 5;;
Bank Name
(I)
Chi"5')
(~;Ttus
Account Name
'3 ~ do 5" 3 d 97
Account Number
(2)
Account Name
Account Number
Signature
Signature:
Signature:
Check one: IS" Blanket 0 Single Purcha.se
I hereby certify: That I hold a val. seller's permit No. ~ 0
issued pursuant to the (state) Sale and Use Tax Laws that I am
engaged in the business of selling P~r 5 II p" ~eJ that th tangible personal property
described herein which I shall purchase from Bradley Caldwell, Inc. will be resold by me in
the form of tangible personal property: provided, however, that the event such property is
used for any purpose other than retention, demonstration, or dis ay while holding it for sate
in the regular course of business, it is understood that I am requi d by the Sales and Tax Use
Law to report and pay the tax, measured by the purchase price f the property.
rr [S MANDATORY TO RETURN WITHIN TWO WEEKS
Failure to return will subject all future purchases to sales tax.
Description of property to be purcbased: ~T f v . e.f'
(n/;~'.f
tate~
- - - - - --
.
. .,'
Prlnclpal~'or 'Partners ..,<. ; . . '
Ch Ii. TO.tl~ef p I1IQII; "'] ~N;<r"J
NAME , TITLE
/() V 12 (<. (C; Y"\ '<; Wt! ~I
HOME ADDRESS ; h . . II;})! (717) ]) - J~ 'J.S'
r1.e/c e{~ v,'" Pc,
CITY AND STATE v ZIP CODe: 30 'I HOME TELEPHON NU MBER AND AREA CODE
17{,-i]i.{-IJ(] n ').7)
SOCIAL-SECURITY NUMBER DRIVERS LICENSE NUMBER
COMPANY 51'0 ~+f..Il( (5 J'2CrfC4 tJ<!J ]00 5- Fo.'1~rre~T <;kt/~n fb fQ Pt.. J7JS7
PRIOR EMPLOYMENT ADDRESS CITY AND STATE
NAME TITLE
HOME ADDRESS
CITY AND STATE ZIP CODE HOME TELEPHONE UMBER AND AREA CODe:
SOCIAL SECURITY NUMBER DRIVERS LICENSE NUMBER
COMPANY
PRIOR EMPLOYMENT ADDRESS CITY AND STATE
CUSTOMER AGREEMENT
The undersigned hereby makes application for credit and provides information contained herein, which is warrantE to he true and
correct, for the purpose of inducing Bradiey Caldwell, Inc, directly to make periodic sales of goods and materials o it on credit In
consideration thereof. it is agreed and understood that (1 ) the undersigned is an authorized agent of the applicant an is duly empow-
ered to enter into and make binding agreements on its behalf: (2) all amounts charged under this account are payabl in full within the
terms of sale established for the account; (3) all payments shall be made to the appropriale division of Bradley C Idwell, Inc., 200
Kiwanis Boulevard, P.O. Box T, Valmont Industrial Park, Hazieton, PA 18201; (4) on balance remaining unpaid for a pe iod of thirty (30)
days to pay 1 Vz% service charge, such charge to be added to the balance of the account as reported in the monthiy sta ement; (5) in the
event of defauit in the payment of any amount due, the balance of the account shall at the option of Bradley Caldwell Inc, be due and
payable immediately; (6) and if this account is placed in the hands of an agency or attorney tor collection or legai ction, to pay an
additional charge equal to 20% 01 the outstanding account balance to offseI the cost of collection including agency a d attorney fees,
and court costs. The undersigned customer further agrees that it shall not permit or suffer any change in customer own rship or the sale
of ali or substantially all of the customer's assets without providing prior written notice to Bradley Caldwell, Inc, nd establishing
arrangements for the payment of the then outstanding amounts owed by the undersigned customer on terms accep able to Bradley
Caldwell, Inc. Credit terms with any successor shall be at Bradley Caldwell. Inc.'s discretion based upon the successo 's credit worthi-
ness under Bradley Caldwell, Inc.'s Ihen applicable credit policies and standards. Failure to provide Bradley Caldwe , Inc. with such
prior written notice of a change in ownership or a saie of all or substantially all of the customer's assets shall cause he undersigned
customer, and each principal who personally guarantees the undersigned customer's liabilities to Bradley Caldwell, In . to remain fully
liable to Bradley Caldwell, Inc. wilh respect to all amounts owed by the undersigned and such successor.
Dated 6//5/'17 Signed Ct, {is 'j C I ,ft.. " .f
()? . , . A FULL NAME C:F FU3,M..
By ~
(SIGNATURE OF AUTHOAIZED AGENT)
Title p,-'(7/'r'.. To/
Address
(IF NOT LISTED ABOVE)
GUARANTY & SURETYSHIP PROVISION
In consideration of the credit being extended to the above named firm, and the direct and indirect benefit received by the undersigne d y virtue of such
credit extension, the undersigned does hereby personally guaranty and become surety for all amounts owed to Bradley Caldwell, I c. by the above
named firm. This Guaranty & Suretyship is absolute, unconditional and continuing. The undersigned does hereby waive and consent t any rearrange.
me nt, extension. modification, amendment andlor renewal of the indebtedness hereby granted without prior notice or any approva I. the event this
Guaranty is placed for collection, the undersigned agrees to pay all costs of collection and reasonable a<<orney's fees. If signed b more than one
person. the liabHity hereunder shall be joint and several. Intending to be legally bound hereby, the undersigned sets their hands and se ar . This Guaranty
and Suretyship shall be governed by and construed under the raws of the Commonwealth of Pennsylvania, regardless of the prace of xecution.
Dated G/f)(9 'i Signed Cf. -,...r- . I> ^ 'I' f7 Z' Ii}
/cJ /7 -c:.J
Address l/Q/qrCl'" S W''''"
rY1 ~,rC /2,<; 'v/a. fc.. l7'JU
~
~
~
APR'11 '05 09:01AM KNUPP & KODAK PC
P.5
VERIFICATION
I,
/2, h~KI fl, t?tJOif /
(n"".)
,
ofBRADLBY CALDWELL, INC., verifythatthe statements made in the aforegoing document are
I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904, reI
falsification to authorities.
BRADLEY CALDWELL, INC.
Title:
By:
Dated: q~/ l(l,~
31298
Fo\USER\STACYlCCP COMPLAINTS\ WORK\BradlcyC31298.wpd: I lAprOS
04/11/2005 1lI0N 09:54 [TX/RX NO 5171 141005
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-02014 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CALDWELL BRADLEY INC
VS
NELLING CHRISTOPHER P ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
HORNBERGER DEBRA G T/A
CHRIS'S CRITTERS
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of FRANKLIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May
16th , 2005 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
05/16/2005
KNUPP KODAK
So an~--- /;/
?----X~C~;.~.
R. Thomas Kline
Sheriff of Cumberland
//
County
IMBLUM
Sworn and subscribed to before me
this
/[i!-'
day of
7114-1
,.J(}OS A.D.
.,
( "1'. p~t~f~;y,' ~.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-02014 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CALDWELL BRADLEY INC
VS
NELLING CHRISTOPHER P ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
VANASDLEN JOEL A T/A CHRIS'S
CRITTERS
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May
16th , 2005 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
05/16/2005
KNUPP KODAK
So answeJ;s.;..-'~
-'" ') - -'
~ // ~~ -c:::.:.C";::- /----
R. Thomas Kline
Sheriff of Cumberland County
.-?
IMBLUM
Sworn and subscribed to before me
""
this ff- day of -)~
JU1J{ A.D.
~rf;h~"~'
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-02014 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CALDWELL BRADLEY INC
vs
NELLING CHRISTOPHER P ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
NELLING CHRISTOPHER P
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May
16th , 2005 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Franklin Co
Postage
18.00
9.00
10.00
109.60
.74
147.34
05/16/2005
KNUPP KODAK
So answers :-~ ,
- --<:/{.:~:_<~~. . ~:;:;'::;-
~-:_.....-;r-z ___;;,-;;;
R.' Th~mas Kli~e
Sheriff of Cumberland
-...,...--':"
County
IMBLUM
Sworn and subscribed to before me
this
.<,
Ir~.
day of 'n1"{
A.D.
/'
2/?"b5
,
'-/~ {) /11<1//,. A~
I Prothonot~r
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-02014 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CALDWELL BRADLEY INC
VS
NELLING CHRISTOPHER P ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
NELLING CHRISTOPHER P T/A
CHRIS'S CRITTERS
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May
16th , 2005 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
So answers.:
6.00
.00
10.00
.00
.00
16.00
05/16/2005
KNUPP KODAK
-.., -,~'<. ~:-. -:---
....;;?C-.../ -- ~.....
~r. . .~,/ Z-..&'-:;"/
R: Thomas Kline c
Sheriff of Cumberland County
IMBLUM
Sworn and subscribed to before me
this IF f::.. day of .~
o<t'1J) A.D.
. "I /) ')... ,tJd:e-
~'~ fL /l1..tb.... '=r=-'
. v Prothonotary.
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02014 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CALDWELL BRADLEY INC
VS
NELLING CHRISTOPHER P ET AL
GERALD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
VANASDLEN JOEL A
the
DEFENDANT
, 2005
, at 1010:00 HOURS, on the 27th day of April
at 209 E GARFIELD STREET
SHIPPENSBURG, PA 17257
by handing to
DEBRA HORNBERGER, ROOMMATE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
14.80
.00
10.00
.00
30.80
~~~#<~
R. Thomas Kline
05/16/2005
KNUPP KODAK IMBLUM
Sworn and Subscribed to before
me this If:!::.' day of
~ diJ(;Js' A.D.
~ p ()IJ-unh'./ O~k
othonotary "f'
BY~ LA)~ .k
Deputy Sher~
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02014 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CALDWELL BRADLEY INC
VS
NELLING CHRISTOPHER P ET AL
GERALD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HORNBERGER DEBRA G
the
DEFENDANT
, at 1010:00 HOURS, on the 27th day of April
2005
at 209 EAST GARFIELD STREET
SHIPPENSBURG, PA 17257
by handing to
DEBRA HORNBERGER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
~~~~<.~
R. Thomas Kline
05/16/2005
KNUPP KODAK IMBLUM
Sworn and Subscribed to before
me this lil!3-
day of
BY:~ )~
- //\ .
Deputy She . f
/1t.~/ ,;U)$:{ A. D .
~ULQ.~~
.. rothonotary
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bradley Caldwell Inc
VS.
Christopher P. NeUing et al
SERVE: Christopher P. Nelling
No.
05-2014 civil
Now,
April 20, 2005
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.
~{"'J/ //,.-::7.'
r ....~=.......t:'.<t'...~4'
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
/!/Jf/L
20.
"/
, 200S; at 9/;2 5 o'clock /1- M. served the
within /KYTk.e: 4.A47 c!O,#(/Z./-lIA.--T /?f?l,.?-,k'L/"{'/ Cot/k'7y' C'oC//17 kO _ ,;(po5 -8/-T
.
upo~#4'/S7Cr"'#E/f' r' ~LL/~
at/cO J4fr~~>~(>'~-,/c9f'C~/?G;- 1:* /725-6
by handing to C#/f'/~cCJr /-=::" ~LL.~
- ./ ;:::!.l. ~.;>//Z- '/h',--/'ft"E ...0/" ./?'./A.c;y~~
a / ,/1"'-' copy of the origin~V/ r<- - c.:r <:.-l.//"V ...,--/. .
and made known t?'#P/ )~A' r!.YFLL.{?6- the contents thereof.
So answers,
70 {! ,.
, ow .:.--.
~~.
~rj Sheriff of /9P~tYZ- County,PA /;7.;20/
~?-/ ~J Aa-x/oc:r
COSTS
SERVICE
MILEAGE
AFFIDAVIT
,,-
~<Uz( .
Cfh - "'6
~:4--
\ '
. )-
'--- '
Sworn and subscribed before
me this J.4; day of ~
$
&-J~'k m/e.~
! / / -
Notarial Seal
Richard D. McCarty, Notary Public
Charnbersburg Born, Franklin County
My Commission Expires Jan. 29.2007
$
, '
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bradley Caldwell Inc
VS.
Christopher P. Nelling et al
SERVE: Christopher P. Nelling tja
Chris's Critters
No.
05-2014 civil
Now,
April 20. 2005
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
'/7/ //'
~~"';::;'4!<<,I'.'~"'"
SberiffofCurnberland County, PA
Affidavit of Service
Now,
./I~/fIL
~0j
,200 S-, at9.:::L5- o'clock ,4! M. served the
within..t:()T~ Aft(> c!o/'1rL.4/,rl'; F~,M{v~ C(;>c/#7).1 C'a//t'"T yo, ,;[.005- :?/-T
upon'? ft;f'~.EK' I." F c;::-L'-~G..
at 10 1/<f7iPtf'I4/6 c.v/Jr; ;#6-7fC?-;r,).6'~!,% /72 YG
by handing toG-,,#;f'/)70~#d-n /? y~ <::. c:: ~
a _. _' ,;;:r /f't7~_ copy of the origina!.,r-<.,;i1' /Ge qr C{;/f!Z4/k7
and made known t~/I'l~~ ~ ~L.L~ the contents thereof.
So answers,
. Q0fJ,Lt~ 1, 1?1.'_
Ow'G.~'
Sworn and subscribed before
me this d ~ day Of,~V- , 20 0 S
;<2. J.B-A-~ ~J3(]t:ttCy
~~~
~y Sheriff of ~4rkL//V County, PA /72-0/
arv /7 GVJ" ,4c:..EX/oCf'
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
Notarial ~eal
Richard D. McCarty, Notary PublK.
Chambetsbill"& BQf'J, Franklin COUDtY
My Commission Expires Jan. 29,2007
$
. .
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bradley Caldwell Inc
VS.
Christopher P. Nelling et al
SERVE: Joel A. Vanasdlen t/a
Chris's Critters
No.
05-2014 civil
Now,
April 20, 2005
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
--/?"",,?' vA'
~~"'<::~<,?~R
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
Ar/f/L
:27
./
,200S,atI2:/..< o'clock r; M.servedthe
~ A-7< Lt~ ~<y/.k? C'QU..e 7"
,~6'~ c2CXJ,S -~ 6'/ T
within~ 7'/G$- /1/-t? eO;lf~t4---?:;
upon YOE"'t: /9.. M"Pr9 5'L?L.,?:'rt/
at qVu 's/Gr/7H FAY~~ J?", 5MP/'~$C//FG/
-
/4~/l S,?7L~/
&. /7-75-7
by handing to ~-( d,
-Ut/~
and made known to 'cr-~ h
copy of the original~71cC' 4,A-/fl ~.()/'1/ZP'l~7
a
J4 rf/4SZ;;U'/l/
the contents thereof.
So answers,
~~."--~Pf'r'.
G2'.b~..
Sworn and subscribed before
me this & day of ~ ' 200')
~ Dlu~
-- C\
~CL~~
LJ'?"/?~7'j Sheriff of ~PK.L t,.-v- County, PA /-? .;20/
?JE/Y-;;;'/' &?-"S /0/- L&-X'/ 0<<
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
Notarial seal
Richard D. McCarty. Nor.ry Public
Cbambcrsburg Boro, Franklin County
My CommissiOl'l Expires Jan 29,1007
$
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bradley Caldwell Inc
VS.
Christopher P. Nelling et al
SERVE: Debra G. Hornberger t/a
Chris's Critters
No.
05-2014 civil
Now,
April 20,.2005
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
franklin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~'/'7_~;:'Y //4'
.. ...~~...,(< j' .~...p
"$ -",.....
Sheriff of Cumberland County, PA
Affidavit of Service
,200S,atO:/..2.. o'clock ;:: M. served the
F,,?/,1,4-/o(.( /A-- c:oc.<-vry CcX.//fT
within /f871a.: -4~ dJ.#~19 (.-t/T; ".Yt.7~8~7? ;(<::X:>5 --8/ T
uponJ}6154'14 C... ~~~&.67-r
at3'Q:) ,5b:/T/I //77~-T7~ eJ'J:; 9//~~~6;;9R /7;JS7
..
#;/(',4/~ 6-c:7r
/rIF/L
='-'1
Now,
by handing to tJt!-73/PP(} b.
a ~/~?
copy of the original,Vu77C-e /l-/f-1? c~//f.,-7
and made known to ~ G... #CA'rV.6i9?6-c-"X
the contents thereof.
So answers,
COOUCC(. (1) PA,
& ~.'::Pt'~~.
Sworn and subscribed before
methis J-1 dayof~ ,20d).~--
f~~ ~~~
~~~
"Q::}:>qrt Sheriff of r'7P;.1..vK"'-IA.- County, P A
,?l:-pqT-/ 60'5 4L~"-X/OC/
COSTS
SERVICE
lvlILEAGE
AFFIDAVIT
/7,;20/
$
Notarial::,eaI
~"'~an! D McCarty, Notary Public
Clllli . ",b\\rg Boro, Ftanklin COWlty
j\.! I'\JllilJi'\;ion Expires Jan. 29.2007
$
BRADLEY CALDWELL, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLANDCOUNTY,PENNSYLVANIA
v. : NO. 2005-02014 CIVIL
CHRISTOPHER P. NELLING, JOEL A. : CIVIL DIVISION _ LAW
V ANASDLEN and DEBRA G. HORNBERGER, Each
Individually and Trading As, CHRIS'S CRITTERS
Defendants
TO: PRomONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor ofPlaintitrand against Defendant(s) CHRISTOPHER P. NELLING
Individually and Trading As, CHRIS'S CRITTERS (only), named for failure to file within the
required time an Answer to the Complaint in the above-captioned case and assess the Plaintifi's
damages as follows:
Amount claimed in Plaintifl's Complaint
$3,132.34
Interest from November 12, 2004 at the legal rate of 6% per annum
$1l7.45
Total
$3,249.79
It is hereby certified that a written notice of intention to file this Praecipe was mailed to the
Defendant(s) and his attorney of record, after the default occurred and at least ten (10) days prior
to the date of the filing of this Praecipe. See Exhibits A & B attached.
~UM,P.C....
By
DATED:
\ Robert D. Kodak, Attorney for Plaintiff
I. \ ~~: '""""... "-' ,"""" ~.row
Prothonotary
Robert L Knupp
Robert D. Kodak
Gary J. Imblum
LAW OFFICES OF
KNUPP. KODAK & IMBLUM. P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Telephone: 717/238-7159
Facsimile: 717/238-7158
email: kki.law@verizon.net
FILE
l .lli:&,ft.~uPP
'~;6)
Robert H. aurer
(1923-1998)
June 9, 2005
CHRISTOPHER P NELLlNG
IND & T1A CHRIS'S CRITTERS
10 VETERANS WAY
MERCERSBURG PA17236
RE: Bradley Caldwell, Inc.
VS: Christopher P. Nelling, Joel A. Vanasdlen and Debra G. Hornberger elilalUa
Chris's Critters
No. 2005-02014 Civil, Court of Common Pleas
Cumberland County, Commonwealth of Pennsylvania
Our File No. 31298
Dear Mr. Nelling:
In accordance with Pennsylvania Rules of Civil Procedure 237.1 (a)(2), 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 to enter
Judgment against you in the amount as set forth in said Complaint.
Very truly yours,
KNUPP, KODAK & IMBLUM, P.C.
Robert D. Kodak, Esq.
RDKlkqb
enclosure
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
cc: ROB ALLEN COLL MGR
JKM CREDIT SERVICES
POST OFFICE BOX 38
DRUMS PA 18222-0038
# 26318/7941900
BRADLEY CALDWELL, INC. : IN TIIE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA
v. : NO. 2005-02014 CIVIL
CHRISTOPHER P. NELLING, JOEL A. : CIVIL DMSION - LAW
V ANASDLEN and DEBRA G. HORNBERGER, Each
Individually and Trading As, CHRIS'S CRfITERS
Defendants
IMPORTANT NOTICE
TO: CHRISTOPHER P. NELLING. INDIVIDUALLY AND T/A CHRIS'S CRITTERS.
Defendant(s)
DATE OF NOTICE: JUNE 9. 2005
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 WITIllN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGlITS.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE ALA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIESTHAT MAY OFFER LEGAL
SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LffiERTY AVENUE
CARLISLEPA 17013
(717) 249-3166
~ IV (J ~ 0 ....,
:-Cl = ~
I+- 1 c: =
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-ocr- c..... ~
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~ ~ fA -'- ,',-?("1
r D'E. ):'" c:-: - LjrT1
~ Z ., ~
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'-...i.... -<- -J .-<
BRADLEY CALDWELL, INe. : IN THE COURT OF COMMON PLEAS
P1aintlff : CUMBERLANDCOUNTY,PENNSYLVANIA
v. : NO. 2005-62014 ClVlL
CHRISTOPHER P. NELLING, JOEL A. : ClVlL DIVISION _ LAW
VANASDLEN and DEBRA G. HORNBERGER, Each
Indivldually and Trading As, CHRIS'S CRITTERS
Defendants
To CHRISTOPHER P. NELLING . INDIVIDUALLY, Defendant(s)
You are hereby notified that on '- ) l...u ) f? ~ /)
(Judgment) has been entered against you in the above-captioned case,
, 2Q2$the following
Judl!lDent entered in the amount of $71.009.69.
DATE:
l"h.ojDS
I
I hereby certifY that the name and address of the proper person(s) to receive this notice is:
CHRISTOPHER P NELLING
10 VETERANS WAY
MERCERSBURG P A 17236
N CHRISTOPHER P. NELLING. INDIVIDUALLY, Defendido/a Defendidos/as
Por este medio se Ie esta notificando que el de de120~
el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de
residencia:
CHRISTOPHER P NELLING
10 VETERANS WAY
.
MERCERSBURG PA 17236
Abogado del Demandante
BRADLEY CALDWELL, INC. : IN THE COURT OF COMMON PLEAS
Plaintlff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2005-02014 ClVlL
CHRISTOPHER P. NELLING, JOEL A. : ClVlL DIVISION - LAW
VANASDLEN and DEBRA G. HORNBERGER, Each
Individually and Trading As, CHRIS'S CRITTERS
Defendants
To CHRISTOPHERP. NELLING. T/ACHRIS'S CRITTERS. Defendant(s)
You are hereby notified that on.... )U--<. J E:. J c..., ") . 2~he following
(Judgment) has been entered against you in the above-captioned case.
Judgment entered in the amount of $71.009.69.
DATE:
1,;0 / & 0/0....\
, I
I hereby certifY that the name and address of the proper person(s) to receive this notice is:
CHRISTOPHER P NELLING
T/A CHRIS'S CRITTERS
10 VETERANS WAY
MERCERSBURG PA 17236
N CHRISTOPHERP. NELLING. T/ACHRIS'S CRITTERS, Defendido/aDefendidos/as
Por este medio se Ie esta notificando que el de de120~
el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de
residencia:
CHRISTOPHER P NELLING
T/A CHRIS'S CRITTERS
10 VETERANS WAY
MERCERSBURG PA 17236
Abogado del Demandante
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
BRADLEY CALDWELL. INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Writ No.
Term 20
Plaintiff NO. 2005-02014 CIVIL Term 20~
VS Amount due $ 3,249.79
CHRISTOPHER P. NELLING. InterestFROM DATE OF JUDG. (06/30/05)
INDIVIDUALLY AND T/A CHRIS'S
CRITTERS Atty' 5 COlll1ll. $ 162.49
Defendant (5)
VS
JOEL A. VANASDLEN AND DEBRA G.
HORNBERGER, GARNISHEES
and CostsTO BE DETERMINED$
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of ~
County, Pennsylvania;
(2) against
CHRISTOPHER P. MELLING. INDIVIDUALLY AND T/A CHRIS'S CRITTERS
(3) and against JOEL A. VANASDLEN AND DEBRA G. HORNBERGER
Defendant (5)
Garnishee (s).
(4) and index this writ
(a) against CHRISTOPHER P. MELLING. INDIVIDUALLY AND T/A CHRIS'S CRITTERS
Defendant(s)
and
(b) against JOEL A. VANASDLEN AND DEBRA G. HORNBERGER
Garnishee (s) ,
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows:
(Specifically describe property and note any specific direction to Sheriff) FUrnish 4 copies for
real estate levy)
DO NOT LEVY UPON ANY PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S); HOWEVER, GARNISH JOEL A.
VANASDLEN AND DEBRA G. HORNBERGER, 209 E. GARFIELD STREET. SHIPPENSBURG PA 17257, ANY FUNDS of
ABOVE DEFENDANT AND/OR OWED TO ABOVE DEFENDANT.
(5) Exemption has (not) been waived.
~
Dated 08/18/05
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Attorney For Plaintiff(s)
"(~)vDIE aIn~ aas "paJTSap ST suapuad!STI e se
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N005-2014 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF FRANKLIN COUNTY:
To satisfy the debt, interest and costs due BRADLEY CALDWELL, INC. Plaintiff(s)
From CHRISTOPHER R. NELLING, 10 VETERANS WAY, MERCERBURG PA 17236,
I1A/T/A CHRIS'S CRITTERS, 300 S. FAYETTE ST., SHIPPENSBURG PA 17257.
(I) 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
of JOEL A. V ANASDLEN AND DEBRA G. HORNBERGER, 209 E. GARFIELD ST.,
SHIPPENSBURG P A 17257 GARNISHEE(S) as follows:
GARNISH JOEL A. V ANASDLEN AND DEBRA G HORNBERGER ANY FUNDS OF DEFT
AND/OR OWED TO ABOVE DEFT.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account ofthe defendant (s) and from delivering any property of the 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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $3,249.79
L.L. $.50
Interest FROM DATE OF JUDGMENT (6/30/05)
Atty's Comm
%
Due Prothy $1.00
Other Costs
f~
;~OO"ry {1!:
~
Ally Paid $324.64
Plaintiff Paid $34.25
Date: AUGUST 22, 2005
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK ESQ.
Address: POBOX 11848
HARRISBURG PA 17108-1848
Attorney for: PLAINTIFF
Telephone: (717) 238-7159
Supreme Court ID No. 18041