Theresa Keeping/Dale Merkel Believed "Hiding" from Sheriff Deputies to Avoid Lawsuit Summons & Complaint Service
by Captain Chuck Foster on 07/08/13
Since they won't communicate with me in person or through an attorney, given the defendants know a lawsuit has been filed, and have been provided with the contact at the Sheriff's office to coordinate service of the Summons and Complaint, I'm of the opinion that lawsuit defendants Theresa Keeping and Dale Merkel have decided to "hide" rather than face the charges against them.
During this last weekend, the Sheriff's Deputy in the Newfoundland area made several unsuccessful attempts to affect service upon Keeping and Merkel, making visits to Keeping's resident, her Oceanview Estates development property, also Vinking Marine Enterprises and Port Harmon Authority which are businesses which Keeping/Merkel are company directors, officers and/or investors.
As alleged by one Keeping staff person, Keeping and Merkel are currently "at their home in Cochrane/Alberta." It's suspected Keeping may be there for the annual Calgary Stampede celebration.
The Deputy was instructed to hold the Court documents in case the defendants return to the Stephenville/Newfoundland area, or if the decision's made to affect service c/o of an officer or manager at Vinking or Port Harmon
Accordingly, the Sheriff's office in Alberta was recontacted and directed to attempt service of process on Keeping/Merkel at their Cochrane residence address, or c/o of the company officers at Keeping's T.J. Signs company in Ft. McMurray, i.e., Keeping's daughter, Candice Keeping-Contave and/or her son-in-law, Bolivar Contave.
While personal service is always preferred, Canada and U.S. law permit service by mail and/or publication. My decision to do both!
Efforts also continue to obtain the name of defendant's attorney as to facilitate service of the Summons and Complaint, and as the Court requires, attempt to find common ground which could lead to a mutually beneficial Settlement and Release Agreement.
From all indication, Keeping/Merkel withheld, and thereby failed to inform Vinking/Port Harmon executive management or investors of the WishCruise Navy problem - including the lawsuit filling or the resulting negative publicity. It's also believed that this was a breach of fiduciary duty, deceptive and/or negligent conduct for which a cause of action initiated by Vinking/Port Harmon against Keeping/Merkel may be appropriate, if not mandated.
Another issue to be resolved is the return of money received by Stephensville Town Councellor, Cecil Stein, and The Building Depot president, Randy Simon. Both of these people are believed to have accepted from Keeping, Merkel and/or Vinking, what is believed to have been the LLC capitalization money designated for construction of the WishCruise Navy's flagship.
-- RCF