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HomeMy WebLinkAbout02-2999MICHAEL STEP, NICK DALE EPPERSON Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : : : PENNSYLVANIA : : ; ; ; CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVE. CARLISLE, PA 17013 717-249-3 ! 66 MICHAEL STERNICK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA Vo DALE EPPERSON Defendant CIVIL ACTION - LAW . COMPLAINT 1. The Plaintiff is Michael Sternick, an adult individual residing in Harrisburg, Pennsylvania. 2. The Defendant is Dale Epperson, trading and doing business as Herd Electronics, with his last known residence as 3628 N. 6t~ St., Harrisburg, Dauphin County, PA, and his last known business address as 220 S. 2~ St., Dillsburg, PA. 3. On July 9, 1999, Plaintiff and Defendant entered into a Promissory Note for the repayment of the sum of $ 52,000 from Defendant, Maker of Note, Epperson, to Plaintiff, Holder of said Note. A copy of said Promissory Note is marked Exhibit "A", attached hereto, and incorporated herein by reference. 4. The said Promissory Note entered into between the parties was repayable in full from Defendant to Plaintiff on or before December 31, 2001. 5. Defendant has failed or refused to pay all or any part of the balance due to Plaintiff under said Promissory Note. 6. Despite demand by Plaintiff, Defendant has refused or failed to pay all or any part of the balance due to Plaintiff under said Promissory Note. 7. Defendant has breached the terms of said Promissory Note. 8. The unpaid balance due from Defendant to Plaintiff on the said Promissory Note is the sum of Fifty Two Thousand ($52,000.00) Dollars plus interest at the rate of 10% per year, in accordance with the Promissory Note terms. 9. As a result of Defendant's breach of the terms of the said Promissory Note and by reason of Defendant's failure or refusal to pay the balance due to the Plaintiff plus interest, the Plaintiff has suffered damages in the sum of Fifty Two Thousand ($52,000.00) Dollars plus interest plus late charges. 10. Plaintiff has also incurred legal fees in order to enforce said Promissory Note against Defendant. 11. Defendant Epperson has so intermingled his personal and financial affairs with Herd Electronics that Herd Electronics was and is the alter-ego of Epperson. 12. Defendant Epperson has held the office of President of Herd Electronics from its date of incorporation until the present time. Defendant Epperson as the alter-ego of Herd Electronics is and has been conducting, managing and controlling the affairs of the corporation sinee its inception as though it were Defendant Epperson's own business and has used Herd Electronics for the purpose of failing to pay Plaintiff. 3 WHEREFORE, Plaintiff Michael Sternick respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant Dale Epperson in the mount of Fifty Two Thousand ($52,000.00) Dollars plus interest at the rate of 10% since July 9, 1999, plus attorneys' fees plus the costs of this action plus late charges and any other relief as the Court deems just and proper. RRES~T~ULLY SUBMITTED, ~cY~ard ~C. Ru-~pp, E?q ~ke~~ Attorney I.D. #34832 355 North 21st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Attorneys for Plaintiff VERIFICATION I, MICHAEL STERNICK, verify that the statements in the foregoing Complaim are true and correct to the best of my knowledge, information and belief based upon information provided to me by the Plaintiffs. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: q/~9~/~ ~/~ ~~-'~ MICHAEL STERNICK PROMISSORY NOTE PRINCIPAL BALANCE OF OBLIGATION: DATE: JULY 1999 $ 52,500.00 LOCATION: CUMBERLAND COUNTY, PENNSYLVANIA PROMISE TO PAY: KNOW ALL MEN BY THESE PRESENTS, THAT, DALE EPPERSON, an adult individual (hereinafter referred to as "MAKER"), residing at 3628 N. Sixth Street, Harrisburg, Pennsylvania, hereby promises to pay to the order of MICHAEL STERNICK, of 1090 B Highland Drive, Mechanicsburg, Pennsylvania (hereinafter referred to az "HOLDER") or his successors or assigns or heirs, the sum of FIFTY - TWO THOUSAND FIVE HUNDRED DOLLARS ($ 52,500.00) for payment of the loan of sums of money and the purchase of audio and/or studio recording equipment from HOLDER to MAKER, as follows: SAID OBLIGATION OF MAKER, will be payable within the term specified herein, upon the payment of interest az provided below; Said payment of principal or any unpaid balance of principal, shall be due to the HOLDER on or before DECEMBER 31, 2001, together with any accrued or unpaid interest or unpaid charges, if not paid to HOLDER earlier. Said Obligation shall be repayable in full on or before DECEMBER 31, 2001. Said obligation shall be owing and payable to HOLDER, from the MAKER, payable with INTEREST OF TEN PERCENT ( 10% ) PER ANNUM, with said interest on the sum of $ 7,500.00 ( a portion of the total balance of principal due and payable) commencing on July 1, 1999 on any unpaid balances of the $ 7,500 portion of principal, payable to HOLDER in at least monthly installments. Example: If Maker does not make any payments on principal portionof $ 7,500, interest owing and payable to Holder on August 1, 1999 is $ 62.50, payable to Holder from Maker within FIVE (5) days of August 1, 1999. Maker will owe and pay Holder payment of 1/12th of annual interest on said unpaid balance of the $ 7,500 portion of the total loan obligation on the 1st day ofeach month and each consecutive month thereafier Page I of 4 through December IN , 1999, when the other terms of this Promissory Note shall apply. On December 1~, 1999, interest shall begin accruing at the rate ofTEN PERCENT (10%) PER YEAR on the total unpaid principal loan obligation, including the sum of $ 7,500 or any unpaid principai balance of said sum, as well as any accrued interest charges or other unpaid loan charges. Principal and interest are payable in lawful money of the United States of.America at the address of the HOLDER at 1090 B Highland Drive, Mechanicsburg, PA, or any other address required by HOLDER for the place of making payments. OBLIGATION OF MAKER: The principal balance of this note represents payment of a sum of money of $ 7,500.00 from HOLDER to MAKER and the sale of various audio and/or studio recording equipment from HOLDER to MAKER worth $ 45,000.00. This Promissory Note is in consideration of the HOLDER making such loan to MAKER and providing for repayment of the agreed sums for payment of said audio and/or studio recording equipment. RIGHT TO PREPAY: The MAKER shall have the RIGHT TO PREPAY all or any part of the principal sums of this note or interest owing under this note to the HOLDER at any time and from time to time without premium or penalty. PAYMENTS: MAKER shall make minimum payments of $ 3,000.00 per month toward unpaid principal and interest beginning on December 31, 1999 and continuing for each consecutive month, payments payable on or before the last day of each month, until the unpaid balance of unpaid principal, interest and other charges is $ 20,000 or less. When the unpaid balance of principal of the entire loan obligation is $ 20,000.00 or less, the MAKER shall make minimum payments ors 1,500 per month toward unpaid principal and interest until said loan obligation, including unpaid principal and interest and any unpaid charges, is paid in full. The said loan, obligation including unpaid principal and any accrued interest and any unpaid charges, shall be due and payable on or before December 31, 2001. Page 2 of 4 LATE CHARGES: If MAKER is late with a payment or fails to make a payment required under the terms of this Promissory Note, the MAKER shall owe and pay to HOLDER a FIVE PERCENT (5%) late fee for any payment which are five or more days late from the required due date of said payment. DEFAULT: ffthe MAKER defaults in the making of any payment under the terms of this note when the same becomes due and payable or defaults in making the final payment of any sums of unpaid principal, 'interest or other charges on December 31, 2001 and such default is not cured by MAKER within fifteen (15) days following receipt of written notice of such default from the HOLDER, then in such event an event of default shall occur. ACCELERA~ON OF UNPA~BALANCE AND ACCRUED INTEREST: ffan event of defanlt shall occur, unless the HOLDER elects otherwise, the entire unpaid amount of such obligation which otherwise would not be due and payable, including unpaid principal, accrued interest and charges or costs, shall become immediately due and payable upon said fifteen (15) days notice of demand on the MAKER, and the HOLDER may at its option exercise from time to time any or all fights and remedies available to it under the Pennsylvania Law or Rules of Civil Procedure or otherwise available to it or take other proceedings available to HOLDER, to enforce this Promissory Note. Further, if HOLDER has to enforce his obligation under this Promissory Note, the said HOLDER shall be entitled to all costs and reasonable attorneys fees for the collection of said sum or sums for the enforcement of this Promissory Note. NO WAIVER OF ENFORCEMENT RIGHTS: Any failure of the HOLDER to exercise any fight hereunder or allowable by law shall not be construed as a waiver of the right to exercise the same or any other right at any other time. The undersigned intends this to be a sealed instrument and to be legally bound hereby. All issues arising hereunder shall be governed by the laws of Pennsylvania and the Court of Common Pleas of Cumberland County, Pennsylvania. SECURITY/COLLATERAL: MAKER hereby gives a security interest in the above referenced audio and studio Recording equipment to the HOLDER. This note shall be secured by a Financing Page 3 of 4 Statement (UCC - 1) on the said audio and studio recording equipment which shall evidence said security interest, as said equipment shall constitute collateral for this note. Debtor shall cooperate in signing any documents necessary to effectuate the security interest in said equipment. CAPTIONS: Captions or paragraph headings are only for convenience purposes and not for legal effect. LEGALLY BINDING: This Promissory Note shall legally bind the MAKER, his heirs, successors and assigns. The benefits hereof shall insure to the benefit of the HOLDER, his heirs, Successors and Assigns. IN WITNESS WHEREOF, the MAKER, intending to be legally bound hereby, has executed this Promissory Note, on the above date. WITNESS OR ATTEST: DALE EPPERSON MAKER - ALF_~PPE~ON, MAKER (SEAL) FOR INFORMATION PURPOSES OR NOTICES OF PAYMENTS: MAKER: DALE EPPERSON ADDRESS: 3628 NORTH SIXTH STREET, HARRISBURG, PA HOLDER: ADDRESS: SSN: MICHAEL STERNICK 1090 B HIGHLAND DRIVE, MECHANICSBURG, PA 210-52-0039 Page 4 of 4 PROMISSORY NOTE PRINCIPAL BALANCE OF OBLIGATION: DATE: JULY 1999 $ 52,500.00 LOCATION: CUMBERLAND COUNTY, PENNSYLVANIA PROMISE TO PAY: KNOW ALL MEN BY THESE PRESENTS, THAT, DALE EPPERSON, an adult individual (hereinafter referred to as "MAKER"), residing at 3628 N. Sixth Street, Harrisburg, Pennsylvania, hereby promises to pay to the order of MICHAEL STERNICK, of 1090 B Highland Drive, Mechanicsburg, Pennsylvania (hereinai~er referred to as "HOLDER") or his successors or assigns or heirs, the sum of FIFTY - TWO THOUSAND FIVE HUNDRED DOLLARS ($ $2,500.00) for payment of the loan of sums of money and the purchase of audio and/or studio recording equipment from HOLDER to MAKER, as follows: SAID OBLIGATION OF MAKER, will be payable within the term specified herein, upon the payment of interest as provided below; Said payment of principal or any unpaid balance of principal, shall be due to the HOLDER on or before DECEMBER 31, 2001, together with any accrued or unpaid interest or unpaid charges, if not paid to HOLDER earlier. TERM: Said Obligation shall be repayable in full on or before DECEMBER 31, 2001. INTEREST: Said obligation shall be owing and payable to HOLDER, from the MAKER, payable with INTEREST OF TEN PERCENT ( 10% ) PER ANNUM, with said interest on the sum of $ 7,500.00 ( a portion &the total balance of principal due and payable) commencing on July 1, 1999 on any unpaid balances of the $ 7,500 portion of principal, payable to HOLDER in at least monthly installments. Example: If Maker does not make any payments on principal portionof $ 7,500, interest owing and payable to Holder on August 1, 1999 is $ 62.50, payable to Holder from Maker within FIVE (5) days &August 1, 1999. Maker will owe and pay Holder payment of 1/12th of annual interest on said unpaid balance of the $ 7,500 portion of the total loan obligation on the I st day of each month and each consecutive month thereafter Page I of 4 through December 1"t , 1999, when the other terms of this Promissory Note shall apply. On December 14, 1999, interest shall begin accruing at the rate ofTEN PERCENT (10%) PER YEAR on the total unpaid principal loan obligation, including the sum of $ 7,500 or any unpaid principal balance of said sum, as well as any accrued interest charges or other unpaid loan charges. Principal and interest are payable in lawful money of the United States of America at the address of the HOLDER at 1090 B Highland Drive, Mechanicsburg, PA, or any other address required by HOLDER for the place of making payments. OBLIGATION OF MAKER: The principal balance of this note represents payment of a sum of money of $ 7,500.00 from HOLDER to MAKER and the sale of various audio and/or studio recording equipment from HOLDER to MAKER worth $ 45,000.00. This Promissory Note is in consideration of the HOLDER making such loan to MAKER and providing for repayment of the agreed sums for payment of said audio and/or studio recording equipment. RIGHT TO PREPAY~ The MAKER shall have the RIGHT TO PREPAY all or any part of the principal sums of this note or interest owing under this note to the HOLDER at any time and from time to time without premium or penalty. PAYMENTS: MAKER shall make minimum payments of $ 3,000.00 per month toward unpaid principal and interest beginning on December 31, 1999 and continuing for each consecutive month, payments payable on or before the last day of each month, until the unpaid balance of unpaid principal, interest and other charges is $ 20,000 or less. When the unpaid balance of principal of the entire loan obligation is $ 20,000.00 or less, the MAKER shall make minimum payments orS 1,500 per month toward unpaid principal and interest until said loan obligation, including unpaid principal and interest and any unpaid charges, is paid in full. The said loan, obligation including unpaid principal and any accrued interest and any unpaid charges, shall be due and payable on or before December 31, 2001. Page 2 of 4 LATE CHARGES~ If MAKER is late with a payment or falls to make a payment required under the terms of this Promissory Note, the MAKER shall owe and pay to HOLDER a FIVE PERCENT (5%) late fee for any payment which are five or more days late fi.om the required due date of said payment. DEFAULT: If the MAKER defaults in the making of any payment under the terms of this note when the same becomes due and payable or defaults in making the final payment of any sums of unpaid principal, interest or other charges on December 31, 2001 and such default is not cured by M,ad~R within fi~een (15) days following receipt of written notice of such default from the HOLDER, then in such event an event of default shall occur. ACCELERATION OF UNPAID BALANCE AND ACCRUED INTEREST: If an event of default shall occur, unless the HOLDER elects otherwise, the entire unpaid amount of such obligation which otherwise would not be due and payable, including unpaid principal, accrued interest and charges or costs, shall become immediately due and payable upon said fifteen (15) days notice of demand on the MAKER, and the HOLDER may at its option exercise fi.om time to time any or all rights and remedies available to it under the Pennsylvania Law or Rules of Civil Procedure or otherwise available to it or take other proceedings available to HOLDER, to enforce this Promissory Note. Further, if HOLDER has to enforce his obligation under this Promissory Note, the said HOLDER shall be entitled to all costs and reasonable attorneys fees for the collection of said sum or sums for the enforcement of this Promissory Note. NO WAIVER OF ENFORCEMENT RIGHTS: Any failure of the HOLDER to exercise any fight hereunder or allowable by law shall not be construed as a waiver of the right to exercise the same or any other right at any other time. The undersigned intends this to be a sealed instrument and to be legally bound hereby. All issues arising hereunder shall be governed by the laws of Pennsylvania and the Court of Common Pleas of Cumberland County, Pennsylvania. SECURITY/COLLATERAL: MAKER hereby gives a security interest in the above referenced audio and studio Recording equipment to the HOLDER. This note shall be secured by a Financing Page 3 of 4 Statement (UCC - 1) on the said audio and studio recording equipment which shall evidence said security interest, as said equipment shall constitute collateral for this note. Debtor shall cooperate in signing any documents necessary to effectuate the security interest in said equipment. CAPTIONS: Captions or paragraph headings are only for convenience purposes and not for legal effect. LEGALLY BINDING: This Promissory Note shall legally bind the MAKER, his heirs, successors and assigns. The benefits hereof shall insure to the benefit of the HOLDER, his heirs, Successors and Assigns. IN WITNESS WHEREOF, the MAKER, intending to be legally bound hereby, has executed this Promissory Note, on the above date. WITNESS OR ATrEST: DALE EPPERSON MAKER ~)ALF~PPE~ON, MAKER (SEAL) FOR INFORMATION PURPOSES OR NOTICES OF PAYMENTS: MAKER: DALE EPPERSON ADDRESS: 3628 NORTH SIXTH STREET, HARRISBURG, PA HOLDER: ADDRESS: SSN: MICHAEL STERNICK 1090 B HIGHLAND DRIVE, MECHANICSBURG, PA 210-52-0039 Page 4 of 4 PROMISSORY NOTE PRINCII'AL BALANCE OF OBLIGATION: DATE: JULY ~ ~ 1999 $ 52,500.00 LOCATION: CUMBERLAND COUNTY, PENNSYLVANIA PROMISE TO PAY: KNOW ALL MEN BY THESE PRESENTS, THAT, DALE EPPERSON, an adult individual (hereinafter referred to as "MAKER"), residing at 3628 N. Sixth Street, Harrisburg, Pennsylvania, hereby promises to pay to the order of MICHAEL STERNICK, of 1090 B Highland Drive, Mechanicsburg, Pennsylvania (hereinafter referred to as "HOLDER") or his successors or assigns or heirs, the sum of FIFTY - TWO THOUSAND FIVE I-H.rNDKED DOLLARS ($ 52,500.00) for payment of the loan of sums of money and the purchase of audio and/or studio recording equipment from HOLDER to MAKER, as follows: SAID OBLIGATION OF MAKER, will be payable within the term specified herein, upon the payment of interest as provided below; Said payment of principal or any unpaid balance of principal, shall be due to the HOLDER on or before DECEMBER 31, 2001, together with any accrued or unpaid interest or unpaid charges, if not paid to HOLDER earlier. Said Obligation shall be repayable in full on or before DECEMBER 31, 2001. Said obligation shall be owing and payable to HOLDER, from the MAKER, payable with INTEREST OF TEN PERCENT ( 10% ) PER ANNUM, with said interest on the sum orS 7,500.00 ( a portion of the total balance of principal due and payable) commencing on July 1, 1999 on any unpaid balances of the $ 7,500 portion of principal, payable to HOLDER in at least monthly installments. Example: If Maker does not make any payments on principal portionof $ 7,500, interest owing and payable to Holder on August 1, 1999 is $ 62.50, payable to Holder from Maker within FIVE (5) days of August 1, 1999. Maker will owe and pay Holder payment of 1/12th of annual interest on said unpaid balance of the $ 7,500 portion of the total loan obligation on the I st day of each month and each consecutive month thereafter Page I of 4 through December 1= , 1999, when the other terms of this Promissory Note shall apply. On December 1=, 1999, interest shall begin accruing at the rate of TEN PERCENT (10%) PER YEAR on the total unpaid principal loan obligation, including the sum of $ 7,500 or any unpaid principal balance of said sum, as well as any accrued interest charges or other unpaid loan charges. Principal and interest are payable in lawful money of the United States of America at the address of the HOLDER at 1090 B Highland Drive, Mechanicsburg, PA, or any other address required by HOLDER for the place of making payments. OBLIGATION OF MAKER: The principal balance of this note represents payment of a sum of money of $ 7,500.00 from HOLDER to MAKER and the sale of various audio and/or studio recording equipment from HOLDER to MAKER worth $ 45,000.00. This Promissory Note is in consideration of the HOLDER making such loan to MAKER and providing for repayment of the agreed sums for payment of said audio and/or studio recording equipment. RIGHT TO PREPAY: The MAKER shall have the RIGHT TO PREPAY all or any part of the principal sums of this note or interest owing under this note to the HOLDER at any time and from time to time without premium or penalty. PAYMENTS: MAKER shall make minimum payments of $ 3,000.00 per month toward unpaid principal and interest beginning on December 31, 1999 and continuing for each consecutive month, payments payable on or before the last day of each month, until the unpaid balance of unpaid principal, interest and other charges is $ 20,000 or less. When the unpaid balance of principal of the entire loan obligation is $ 20,000.00 or less, the MAKER shall make minimum payments ors 1,500 per month toward unpaid principal and interest until said loan obligation, including unpaid principal and interest and any unpaid charges, is paid in full. The said loan, obligation including unpaid principal and any accrued interest and any unpaid charges, shall be due and payable on or before December 31, 2001. Page 2 of 4 LATE CHARGES: If MAKER is late with a payment or fails to make a payment required under the terms of this Promissory Note, the MAKER shall owe and pay to HOLDER a FIVE PERCENT (5%) late fee for any payment which are five or more days late from the required due date of said payment. DEFAULT: If the MAKER defaults in the making of any payment under the terms of this note when the same becomes due and payable or defaults in making the final payment of any sums of unpaid principal, interest or other charges on December 31, 2001 and such default is not cured by MAKER within fi~een (15) days following receipt of written notice of such default from the HOLDER, then in such event an event of default shall occur. ACCELERATION OF UNPAID BALANCE AND ACCRUED INTEREST~ If an event of default shall occur, unless the HOLDER elects otherwise, the entire unpaid amount of such obligation which other~se would not be due and payable, including unpaid principal, accrued interest and charges or costs, shall become immediately due and payable upon said fli~een (15) days notice of demand on the MAKER, and the HOLDER may at its option exercise from time to time any or all fights and remedies available to it under the Pennsylvania Law or Rules of Civil Procedure or otherwise available to it or take other proceedings available to HOLDER, to enforce this Promissory Note. Further, if HOLDER has to enforce his obligation under this Promissory Note, the said HOLDER shall be entitled to ali costs and reasonable attorneys fees for the collection of said sum or sums for the enforcement of this Promissory Note. NO WAIVER OF ENFORCEMENT RIGHTS: Any failure of the HOLDER to exercise any right hereunder or allowable by law shall not be construed as a waiver of the fight to exercise the same or any other fight at any other time. The undersigned intends this to be a sealed instrument and to be legally bound hereby. All issues arising hereunder shall be governed by the laws of Pennsylvania and the Court of Common Pleas of Cumberland County, Pennsylvania. SECURITY/COLLATERAL: MAKER hereby gives a security interest in the above referenced audio and studio Recording equipment to the HOLDER. This note shall be secured by a Financing Page 3 of 4 Statement (UCC - 1) on the said audio and studio recording equipment which shall evidence said security interest, a~ said equipment shall constitute collateral for this note. Debtor shall cooperate in signing any documents necessaO' to effectuate the security interest in said equipment. CAPTIONS: Captions or paragraph headings are only for convenience purposes and not for legal effect. LEGALLY BINDING: This Promissory Note shall legally bind the MAKER, his heirs, successors and assigns. The benefits hereof shail insure to the benefit of the HOLDER, his heirs, Successors and Assigns. IN WITNESS WHEREOF, the MAKER, intending to be legally bound hereby, has executed this Promissory Note, on the above date. WITNESS OR At'rEST: DALE EPPERSON MAKER ~)ALE~PPE~ON, MAKER (SEAL) FOR INFORMATION PURPOSES OR NOTICES OF PAYMENTS: MAKER: DALE EPPERSON ADDRESS: 3628 NORTH SIXTH STREET, HARRISBURG, PA HOLDER: ADDRESS: SSN: MICHAEL STERNICK 1090 B HIGHLAND DRIVE, MECHANICSBURG, PA 210-52-0039 Page 4 of 4 SHERIFF'S RETURN - CASE NO: 2002-02999 P COMMONWEALTH OF PENNSYLVANIA: COUNT.Y OF CUMBERLAND STERNICK MICHAEL VS EPPERSON DALE OUT OF COUNTY 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: EPPERSON DALE but was unable to locate Him in his bailiwick. deputized the sheriff of YORK County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On July llth 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 37.52 .00 74.52 07/11/2002 RUPP & MEIKLE SO ans~: ~3t'~ ~' R/ Thomas Kline / Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ~ ~-- A.D. othonotary YORKTOWNE BUSINESS FOMRS · (717) 225-0363 · FAX (717) 225-0367 COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET ST.. YORK. PA 17401 SERV1CECALL (717'~ 771.9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN IN~i~UCTIONS PLEASE TYPE ONLY LINE I THRU DO NOT DETACH ANY COPIES 2, COURT NUMBER 4 -T~ p ~-(~ F-V~RIT-~'~ ~-~MPLAINT Notice and Ccmplaint 1. PLAINTIFF/S/ 3. DEFENDANT/S/ M~ ~h~el Sternick Dale Epperson SERVE /' 5 NAME~F~ND~V~DUAL,~~MPANY~C~RP~RAT~~N~ET~~T~sER~E~RDEsCR~PT~~N~FPR~PERTYT~BELE~~ED~AT~ACHED~~RS~LD~ Dale Epperson e ADDRESS (STREET OR RFC WITH BOX NUMBER, APT. NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 220 S. 2nd Street D~]l~bur9, PA 17019 7. ~NDICATE SERVICE: ~ PERSONAL E) PERSON IN CHARGE ~DEPUTIZE _c~_.~_ ___._~_~.d L/ 1 ST CLASS MA~L 'J POSTED L.1 OTHER NOW Ju~e 26 ,20 02 I, SHERIFF OF '~.T..% COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute th~.h~&Cf~a~ke~re~turn t.~[~'¢~_ _~c~cording to law. This deputization being made at the request and risk of the p aintiff. '2¢' "~"~'~'~SHER FF OF~COUNTY ~¢' ~ C~n~eriand 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF OOUNTY CUMBERLAND ABDANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any depu[7 sheriff levying upon or attaching any properly under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the par' of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE RUPP & MEIKLE 355 N. 21st ST. STE 205 CAMP HILL, PA 17011 12. SENDNOTICE OF SERVICECOPYTO NAME AND ADDRESS BELOW: (This area must becompletedifnoticeistobe mailed). ~[t)[MEI~XXX CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13 I acknowledge receipt of the writ 146-27-02DATE RECEIVED 15. Expiration/HeadngT_21_02 Date or complaint as indicated above. ~. AHRENS 16. HOW SERVED: PERSONAL ~ RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS BELOW 17. LI Iheeby fyand eunaNOTFOUNDbecause am unable to locate the individual, company, et~.nar~eab~ove (See remarks below ) . fy' ~.8~iAME ~eN~E ~¢: IN~SI~_/J~L ~J~'~D/~IST ADDRESS HERy~ ~HOWN ~latl°nshlp t° D~ndant) I 19/~_l~a'"~ ~,~120/; , fSe "~ ,ij~//,~ /~ ~/~/~__~..Z_~W~- \ ~¢,,~,/.~,~".(~.~. ~.~1 ')I' Int 'Date'~m~DLef~Mi~¢l/Int ~A~EM~S Bate ~ ~ ~ 1 ~, Date ~me Miles Int. ate ,me Miles In, Date 'me Mies~ I I I I I I I I I 22 REMARKS: 23. Advance Costs I gg. Total Co~t~ I ~0 Costs Du. or Refund 75.00 I 24 1S~)e0Costs 25. N/F 2167 .M Ise~ge 28. Sub Total 34.. Foreign County Costs 135. Advance costs [ g6 Ser~ic" Costs 37 Notary Cert. 41. AFFIRMED and subscribed to before me tf 2 JULY ,20' 42. day of Notarial Seal Jllm~ V. Vangreen, Notary Public City of york, York County, PA My G~mmlaalon Expires Mar. 21, ~gOll 48. Signature of Foreign County Sheriff 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF*S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 30. Nolary 31. Surchg. 38 Mileage/Posted/Not Found SO ANSW1ERS ?_%, , 49. DATE 51 DATE RECEIVED 1 WHITE - ~ssuing Authority 2 PINK - Aftomey 3 CANARY - SherifFs Office 4. BLUE - SherifFs Qffice