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Home My WebLink About00-04573 !t "''''"''f' ~ ,- < VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT CORPORATION Plaintiff VS. DALLAS 0 HOCKENBERRY Defendant NO. 00 - .J..f s"lJ Cu~( ~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or obj ections 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 other claims 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 A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 4t-h eOlJf<'f kBI'll.lU""KB.wk C~.~. ~.OC1~{~V e:<.. J..d'Jf.Id.y /Jo r- 7(7- ~4'i-J1{,J,. t'.loor, cumoer.land. l..UUllLy C6u..J...LLvu.o~ Carlisle, PA 17013 (';'17) 2:46 6288 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~!E " , VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4168100107405613 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS DALLAS 0 HOCKENBERRY 402 N BEDFORD ST CARLISLE, PA 17013-1911 DEFENDANT /l '_/1 ~ NO . tffJ - If 51.] L.UnJl CIVIL ACTION 1. The plaintiff, First Select, Inc. is a Delaware corporation organized ~nd existing under the laws of the State of Delaware with its principal place of business at 4460 Rosewood Drive, Pleasanton, CA 94588. Plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, DALLAS 0 HOCKENBERRY, is an individual who resides at 402 N BEDFORD ST, CARLISLE, PA 17013-1911. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit, bearing account number 4168100107405613. -,,^-~,,< " -'I" ,~ 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A". 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $5,879.28 as of 02/16/2000, plus pre-judgment contractual interest at the rate of 19.80% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and plaintiff will incur attorney's fees in the amount of $1,175.86. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $5,879.28, plus pre-judgment interest at the contractual rate of 19.80% per annum from 02/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,175.86, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. ,,/'~ ' , ~,' "', __ " 7 ,"'., " - ~,;' .' , 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $5,879.28, plus pre-judgment interest at the contractual rate of 19.80% per annum from 02/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,175.86, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. :~ ~, '", .,. -," , " VERIFICATION I, SUSAN M. WRIGH1i , declare that as of March 23, 2000: I am a designated agent of FIRST SELECT CORPORATION, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. iJMrn./r Desigiated Agent , -',1" ""-'--'-- -"'~" -,,'.- ' .' '-et ,," -' ,,"',- .,,- ". ..-- --' ~.., -<, -< ~ ... 5040 JOHNSON DRIVE P.O. BOX 9104 PlEASANTON, CA 94566 888-964-4000 t. FIRST~ELECT CORPORAT10N ACCOUNT AGREEMENT Your DISCOVER account has been transferred to First: S.elect Corporation. Your DISCOVER account was closed at the time of this transfer, and will therefore continue to be closed. This Account Agreement conl.ains the terms that govern your First Select account (the "Account"). In this Agreement, "you" and "your" mean each person who is liable for payment on the Account. "We," "cur," "ours," and "us" mean First. Select COf1loration or its assi~e,es, Because your Account has been transferred to us, you are now obligated to repay the Account to us instead of DISCO\fER. Lfthe Account was opened as ajolnt account, we may act on the instructions of any joint accountholder, Payments I Fimmce Charges. P.s long as you have a balance outstanding on your Account, fmance charges are calculated as. follows: To figure the finance charges for each billing cycle. we multiply the average daily balance on your Ac::ount by a daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account terms (the "Original Terms"). If your Original Terms provided for different Annual Percent.J.ge Rates to be applied to different components of YOur outstanding balance, we wiiI apply the lowest such Annual Percentage Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement. . Fee~. We will charge your Account a fee for ~ach billing cyciewithin which your Account is delinquent (Iare charge). The amount of the late charge will be o.s disclosed in your Original Terms or the maximum lat~ charge permitted by the law of your state of residence, whichever is lower. We will charge your Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original Terms, or the maximum returned check charge permitted by the law of your state of residence, whichever is lower. . To the extent provided in your Origin.al Terms, and to the extent permitted by appljcabJe Jaw, in addition to your obligation to pay the outstanding balance on your Account, pius interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' fees and court costs. !fyour Original Terms provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in an)' lawsuit arising out ofws Agreement Non-Waiver of _Certain Rights. We may delay or waive enforcement of any provision of this Agreement w-ithout losing our right to enforce it or any other provision later. - - Applicable Law; Severability; .-\.ssigrunent. No matter where you live, this Agreement and your Account are governed by federal taw and by the law of the state designated as the applicable law in your Original Terms. [fyour Original terms did not contain an applicable law provision, then this Agreement and your Account are governed by [ederallaw and the law of your state of residence. This Agreement lS a fmal expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable. We may transfer or assign our right to all or some of your payments. Ifstate law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Credit Reporting. lfyou fail to fulfill the terms of your credit obligation, a negative credit report reflecting on your credit record may be submitted to a c!edit reporting agency, In order to dispute any information we are reporting about your Account, you must write to us at the following address: First Select Corporation, P,O, Box 9104, Pleasanton, California, 94566. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR ITTURE USE This notice contains important information about your rights and our responsibilities under the rair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill lfyou ctUnk your bill is mong, or \iyou need more infonnation about an entry 'on your bill, write us, on a separate sheet, at the foHowing address: First Select CQrporation, P,O, Box 9104, Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 c::J.)'s wer we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the followi.ng: . Your name and Account number. The dollar amount of the suspected error. . Describe the error and explain, uyou can. why you believe there is an error. lfyou need more information, describe the item you are not sure about. Your Rights and Our Responsibilitie3 After We Receive Your Written Notice We must acknowledge your letter within 30 days, unl~s we have corrected the error by then. Within 90 61'S, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to o;:oHect or report you as delinquent as to any amount you question, including finance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigatina. but you are still obligated to pay the parts of the bilI that are not in question. , ;:l If we fmd that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we did not make a mistake, you may have to pay ftnance charges, and you will have to make up the missed payments on the questioned amount [n either case, we will send you a statement of the amount you owe ilIld the date that it is due. If you fail to pay the amount we think you owe, we mav report you as delinquent. However, if our explanation does not satisfy you and you write to us wi.thin 10 days tellmg us that you still refuse to pay, we mus.t ~ell anyone we report you to that you question your bill. A.nd we must.. tell you the name ofilIlyone we reporte~you ~o, We must te,l1 anyone we report you to that the matter has been sertled between !--IS when it finally is. l[we do not tallow these rules, we caMot collect the first $)0 of the questIOned amount even uyour bill wa.;; correct Special Rule for Credit Card Purchase::! if you have a problem with the quality of goods and s.ervices that you purchased with your OISCO\-"ER credit card and you have tried in good faith to correct the pL'Oblem with the merchant, you may not have to pay the remaining amount due on the goads or services. Tnere are two limitations to this right: (a) you must have made the purchase in your hO,me st~te or, ifno! withi~ y?ur home state, with~n 100 miles of~'our ..:urrent mailing ~ddress; and (b) the purchase price nll,lst have b,een more tho.n S50. These llml,tattons do not apply If either we or DISCOVER own or operate the merchant. or If we or DISCOVER mailed you the advertlsemc:nt for the prop<::rty or servIces. l586 ',,"l ~~ , , ~ . . . ORDER FOR SERVICE TO: SHERIFF OF CUMBERLAND COUNTY DATE:June 21, 2000 CASE #: FROM: Park Law Associates p,c. Attorney I.D. # 25 East State Street Doy1estown, PA 18901 (215) 348-5200 ATTORNEY FOR PLA1NTIFF COMPLAINT ASSUMPSIT FIRST SELECT CORPORATION vs, DALLAS 0 HOCKENBERRY ADDRESS TO SERVE: 402 N BEDFORD ST CARLISLE, PA 17013-1911 RETURN OF SERVICE TO: PARK LAW ASSOCIATES, P,C. P,O, BOX 1779 DOYLESTOWN, PA 18901 PLEASE DO NOT SERVE OUT OF COUNTY D58 -'c " . ~" , 6 m_ . . ~ 0 0 0 ~ -Cq~ c 0 -Tl ~ ;s:: C- uJ ~. .UCXJ c: .,_...J: rnfTI ;;e: r~:lF (.., ,0 :z:;O €) , I :z: c:~ N -nlTl ,_,':;r--1 c:.. 8 ~~~ co _v"'-..,.; "<) (\' (j 111 r:::o ~:::~ (1) \I' 0 -:;;:0 ::s ~~:,B ~ 6' ;~b ~ ;~~ ~~ ~ '-t. I :PC r;y ~:::j LJ ~ z C" .", =< ~1J p: '.0 .< '1 J JilPI1lIiIII~,.~~~"" ~_."J ,~ ,~~~,M,_,,,,_,,,,,~~~~',il~~t;il~",,,,q'~,;1""'1%""','m'II:;;r."1";;t,-;H~~":R"'"!"""'W'<;i>;:'!i'I--I-O))lI~iJI\'(;'ml!l~iIffij"~,,",l,"18:,"~,i!1;~~!'p"ffili'i!'m~P_, _ ,",~,. SHERIFF'S RETURN - REGULAR CASE NO: 2000-04573 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS HOCKENBERRY DALLAS 0 RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOCKENBERRY DALLAS 0 the DEFENDANT , at 0015:08 HOURS, on the 11th day of July , 2000 at 402 NORTH BEDFORD STREET CARLISLE, PA 17013 BARBARA FRITZ (GIRLFRIEND) by handing to 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 18.00 3.10 .00 10.00 .00 31.10 So Answers: ~'" ~..;;,/ ~.I-t: c ~....J . R. Thomas Kline 07/12/2000 PARK LAW ASSOC Sworn and Subscribed to before By: fl.- me this ~ - day of C).D;, kID A.D. n r' 0 'Ih.(.d,~ A PAk' . ~ othonotary . =r' . . . ' IN THE COURT OF COMMJN PLEAS OF CUMBERIAND COUNTY, PENNSYLVANIA CIVIL DIVISION . " PRAECIPE FOR WRIT OF EXECUTION Caption: FIRST SELECT CORPORATION VS. DALLAS 0 HOCKENBERRY vs. MELLON BANK,GARNISHEE Confessed Judgment Other File No. !ilO-4573 cv Arrount Due $7.619.65 Interest ,,08-23-00 u Atty's COITl1i Costs $85.50 plus costs TO THE PROIHON:lTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail instalJnent sale. contract, or account based on a confession of judgrrent. but if it does, it is based on the appropriate orj,ginal proceeding filed pursuant to Act 7 of 1966 as amanded; and for real property pursuant to Act 6 of 1974 as arrended. Issue writ of execution in :the above lTI3tter to the Sheriff of fJUMBERLAND County, for debt, interest and costs upon the following described property of the defendant' s} Dallas O. Hockenberrv and Mel ron R~nk,J 0!:2"V'n-f o1...~~ PRAEX:IPE ffiR ATI'J\CI+IENl' EXIDJ'l'ICtI Issue writ of attachrrent to the, Sheriff of r.T1MR""T nm County, for debt, interest and costs, as above, directing attachrrent against the above-named gaJ:llishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) '1,&>1.1)1 ~g:::ainC!T ~, J ~~h-l'ngC! !ll"'l"n11'nt-c:: J ,..hAf"'king .l=I{',..nt~n~C::J certificates of deposit and obligations owed to the Defendant;cDallas O;.Hockenberry 177-42-4190 at Mellon Bank, garnishee. and all other property of the defendant ( s) in the possession. custody or control of the said gaJ:llishee(s). ( Indicate) Index this writ agains t the garnishee( s) as a lis pendens against real estate of the defendant(s) described in the attached ~bit. ______-- DATE: C(>~7--- ()f) Signature:-L; ------ Print Narre: Valerie Rosenbluth Park ,~dress: 2" ~ n~_~ nt P f) _ -~ ~ ~'~I-O, KQX 1779 Ih"yleGt"wn;~ PA ] 890] At tomey for : FIRST SELECT CQRPORATTQN :e1ephone: 215-348-5200 ::L,,'n:'Irc C,lU:', ]Q f\b,: 72094 ;'. '~i' ' , " " ~. ~- ~-~ ",' ",. ".~ ^' _ -0 ~ w _ " ~, '""-~ '"""'.- , , Notes: If real property, supply six copies of description including imp:coverrents and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. -bQ 0 .... ~ -lQ 'll. ~ 0 ~ w "- ~ :'<1 ~ ~ -:0 -- 0- ',," ~ 0 f"" 6 8 d - (..1 ,ll' 0 0 C 0 ""- ...... D C G' I I 0 (oj ., C C) '")"j 0 ~ 60 ~ -U ~:",~ ~ ?--- p:: -tJ CG --'-1 ~ -- rIliT: '::i") , - D ,...... ... , .. ... 2;:~~! i~,,-) " ,j .. ... ... -', oS>, C~) '..--' ~t -c/.<. " !.'.) ... ... ~~8 ~] .. ... -- .. -n ~ ;?,~)M !T' t;.) , c:: "--1 7 ,:,) ~g :.2 '. I , II it ,- .!J'JIlHLI. JiIlMlI 1 '_~,' A ",Il!~~J~ilr,-_"-~__e~iiI1~~~~~I~~W<~~iilltlll8,,,,",- Ill, ,_ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLE S TOWN , PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 402 N BEDFORD ST CARLISLE, PA 17013-1911 4168100107405613 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS DALLAS 0 HOCKENBERRY Defendant NO.00-4573 CV PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: $5,879.28 $1,175.86 $564.51 ($0.00) ($0.00) $7,619.65 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A'~. AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL VAL Att UTH PARK, ESQUIRE the Plaintiff - "''';-'--' "~"'''''''''<'''--''~'~ ,;< :,",.""- -", ~~,,; ,,",,' '- "~'- " " "'-"' ,", , ~" "',-- .". ,"'.' - ~" .. ,_" -,' _, .=-1"',-- _, ~ _ AND NOW, {J,. -:l.3 ,~~:J , Judgment is entered in favor of th~intiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. --'-- --'"- :'7"i~__)::'""C"_C"<'~:"\-'-'_,"'~",,'_" . ~;-," ,,~~ '" _ ,""'" .">___ -~, - - .. ,"" -- -,,' ," , - ~ ". "- ,',,-, ~,~ , ~ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES,P.C. DRIvE 25 EAST STATE STREET, P.O. BOX] 779 DOYLESTOWN, PA ]890] (2]5) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT TIfE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD :PLEASANTON, CA 94588 DEF: 402 N BEDFORD ST CARLISLE, PA ]7013-19] 1 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS DALLAS 0 HOCKENBERRY Defendant NO. 00-4573 CV EXHIBIT i ,;4--- NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: DALLAS 0 HOCKENBERRY 402 N BEDFORD ST CARLISLE, PA 17013-]911 DATE OF NOTICE: 8/1/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 'UNLESS YOU ACT \VITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU wrrnOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFF1CE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4'b FLOOR CARLISLE, PA 17013 (717) 240.6200 BY: V ALERlE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORi\1ATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 402 N BEDFORD ST CARLISLE, PA 17013-1911 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION plaintiff VS DALLAS 0 HOCKENBERRY Defendant VERIFICATION I NO. OH573 CV Of NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that DALLAS 0 HOCKENBERRY, Defendant is over 21 years of age; that his/her place of residence/business is located at 402 N BEDFORD ST CARLISLE, PA 17013-1911 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments.,- :~K LAW/1~ val~ie Rosenbluth Park Attorney for Plaintiff E10 -'.-,:. '~'''''''''::;~~:~':L'''',_,,~:''':->"''"'''' 1_~_O,~,,', ~"O',,,-. \-,""-0'-,,-,'-'- ~'_" ., c"-' - . ',", '_ '.'" , -~ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 402 N BEDFORD ST CARLISLE, PA 17013-1911 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS DALLAS 0 HOCKENBERRY Defendant NO. 00-4573 CV NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PURSUANT TO THE FAIR DEBT COLLECTION PRA CES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "'~<'--"'-,,---" ..~"---,~ ~*""'~"','''' 'F--" ,', -- - ---, --. ._---" -- ~<--- , ,. "~"', _--<t':.'01 - ,-- , . .. " - ,~ ~II!", "r. , "~" ,,_1MfIlIIlI' '",<"- ''-'- "..~" - I'"~' u "--=, ~'" .,'" ~ -tQ ~ (tJ -..0 ~ , ~ g (") 0 () c 0 :?'" ~, r "D6"3 l>o :~::! c: ~ r rnp"l ~ --l~~ ....... 2t! , & f'" '--''1 ~ ~~t~ 6; -, ,-, ~ - u:. """ '] ~ ~;:(--, ~ -q ... J j;t.~; t~~fri r c z ~; :< .j;;- -< ,~,~~II!rll:!!\I6lIIIllIl.~1 :HIJ~III!l'I'>""!!~i~ff\_'-T ill!_ ':"f", "'''~''' >~~~~I", SHERIFF'S RETURN - GARNISHEE CASE NO: 2000-04573 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS HOCKENBERRY DALLAS 0 ,Sheriff or Deputy Sheriff of And now HAROLD WEARY Cumberland County of Pennsylvania, who being duly sworn according to law, at 1218:00 Hours, on the 6th day of September, 2000, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , in the HOCKENBERRY DALLAS 0 hands, possession, or control of the within named Garnishee MELLON BANK 4101 CARLISLE PIKE CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to MARCY CRANDY, MANAGER AND ADULT IN CHARGE personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answ~J~'~j /~,;,J "':./~' "if';;'/" ...~#~<C/~') r J' R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this .20 ~ day of--4.U;.. t.. A.D. ~t2~ ~ P 0 onotary , By ~~~ ~:nV .o~~ ~. IN THE COURT OF COMMON PLEAS OF CUMBER ND COUNTY, PENNSYLVANIA CIVIL DIVISION ) FIRST SELECT CORPORATION ) No. 00-4573CV ) ) Plaintiff(s), ) Praecipe for Appearance ) ) vs, ) Code: 200 Execution ) DALLAS 0 HOCKENBERRY ) ) Filed on Behalf of Garnishee, ) Mellon Bank, NA Defendant(s), ) ) ) ) vs. ) ) Counsel of Record for ) this Party: MELLON BANK, NA, ) ) Barbara Davis Paisley, Esquire Garnishee, ) ) PA I.D. No, 44687 ) ) Mellon Bank, NA ) Legal Department, 193-0850 ) 1735 Market Street ) Melon Bank Center writsl ) Philadelphia, PA 19101-0001 ) ) (215) 553.0292 ,"',u,,"--" ~,'" _ .' -'-', (') 0 ~ c:: Cl - ~ U) :::l -OeD M ci-ljl!! rnrn " ~,:J;) ctli~ C u::> '0 (f),t:: (::>K~ ':":::,,~:. .-....., '~. ~J::: ;p. ~',,:'!*, ,~!:~ ~(') ::r. :-;;"i(;, - ----m >0 - 0 c 3S ~ N 0" -< I ';,'11", !j 'J ;'1 " I~ ~~, I, .""" , " .,1 ~ ',~, '~,',,', ~ '~"':;:::.3,,~':;};,;!_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ) ) No, 00-4573CV ) FIRST SELECT CORPORATION, ) ) Answers to Interrogatories ) Plaintiff( s), ) ) Code: 200 Execution ) vs, ) ) Filed on Behalf of Garnishee, DALLAS 0 HOCKENBERRY, ) Mellon Bank, N.A ) ) Defendant(s), ) ) ) ) Counsel of Record for vs, ) this Party: ) ) Barbara Davis Paisley, Esquire MELLON BANK, N.A, ) ) PAI.D, No, 44687 Garnishee. ) ) Mellon Bank, N.A ) Legal Department, 193-0850 ) 1735 Market Street ) Mellon Bank Center ) Philadelphia, PA 19101-0001 ) writsp ) (215) 553-0292 -"'- "" .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL Y ANIA CIVIL DIVISION FIRST SELECT CORPORATION, Plaintiff( s) vs. No, 00-4573CY DALLAS 0 HOCKENBERRY, Defendant( s) and MELLON BANK, NA, Garnishee, ANSWERS TO INTERROGATORIES OF GARNISHEE, MELLON BANK, NA The Garnishee, Mellon Bank, N,A responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to 8) At the time of service of above-captioned Writ of Execution and to the present, Mellon Bank, N,A, provides the following Answers to Interrogatories: The Garnishee, Mellon Bank, N.A, states that it maintains a savings account in the name of the Defendant, Dallas 0, Hockenbeny, with an amount of$8,110.25 being held subject to this Writ of Execution, which amount the Garnishee believes is sufficient to cover the judgment plus costs, , Y~""..."" , . r" , .-r, ~ " 'Ii" ", Certificate of Service I, Christine H. Stroczan, hereby certifY that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S, Mail, postage prepaid, this day of ,2000, Valerie Rosenbluth Park Esquire Park Law Associates 25 East State Street PO Box 1779 Doylestown P A 18901 Dallas 0 Hockenbeny 402 N Bedford St CarlislePA 17013-1911 .L4 Christine H. Stroczan "T-c-" ,-, l COMMONWEALTH OF PENNSYLVANIA ) ) ) SS: COUNTY OF PIllLADELPHIA Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Christine H. Stroczan who being duly sworn according to the law deposes and says that she is the Manager, Legal Support Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief -/I <;;hristine H. Strocza Sworn and subscribed before me this OOM day of ~lV'Y)6er', 2000, (100/);;- <<lad "'f Not Public NOTARIAL SEAL DEBRA WALLACE, Notary Public CilV of PhMadelphia, Phila, County M Commission ~xpires Nov, 12, 2002 writsp '=, ~ "~'- ~ 'c ,.. ?,:-,;:\', - ~--" f!tn'''FOtlflJit'' I. J1 II ~, " :1 . ! ;..,"---~- . ~','", " ^,,, <." __~I ~, ".-",.,- f ;t<- b 0 ,- 0 ;" C 0 ? ~'n -Om (/.) m' Pl 2fT; ''0 11 ~..; 2':1---'- N ~\l:J::; J (fJ"~,. N -<7' ~~~ ~C5 ""0 ~CJ 3:: );;0 -~, c -. om z '::J "'"' =< -'" (;0 ::n -< ~,~~,_II!II/iIIIIJI!Il!IlI"",,",......>- .~_A:::t1.,!Jf!~,:!i!fI'IllIl_Wi'~~!l:~w ,.~^,~ '_"''''''-'''' ",~~l!'l'~_~;;l~~IIll~, ~.",~ 6, . -'" ,. ~,'" VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 ~48-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION Plaintiff VS. DALLAS 0 HOCKENBERRY Defendant MELLON BANK, N.A. Garnishee CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 00-4573CV PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of the Plaintiff and against the Garnishee, MELLON BANK, N.A., in the amount of $7,619.65, plus court cost of $163.50 and interest from 08/23/01 to present totaling $227.00. Admitted in the Answer to Interrogatories to be in garnishee's possession, for a total judgment in the amount of $8,0105.15. VALERI OSENBLUTH PARK, ESQUIRE Attorney for Plaintiff AND NOW, to wit, this...utu--\iay of €.lo , 2001, judgment is entered in favor of the Plaintiff and against the garnishee aforesaid in the amount of ~8, 010.15. ~ _~_R~ _ _ _________ PROTHONOTARY "",,-" VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. DALLAS 0 HOCKENBERRY Defendant MELLON BANK, N .A., NO. 00-4573CV Garnishee PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of the Plaintiff and against the Garnishee, Mellon Bank N.A.. in the amount of $8,010.15, admitted in the Answer to Interrogatories to be in garnishee I s possession for a total judgment amount of $8,010.15. P'AAS7C VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for Plaintiff AND NOW, to wit,this 02?t21ky of~4,;t~ ,2001, judgment is entered in favor of the PlaintJ.ff' an against the garnishee aforesaid in the amoun of $8,01 15. \ ,~, I, "_ l~H M '~'.~ - ~~ ~ - r~'~, ,~ -- " "~..",,,--~, 1111 .. ....,... r p (:) ""'9 (l=- f[ -() 0 0 C) 8 c " <~ 11 -, ~ v(p ;-r] '"0 - fIlr" :;::0 ~ fF! Z:T- N ~n :;"--=:,'::' ,.'-:<::::; -l;: SQ'~> 0': ~ ~~~ ~~~, t r: ~C '..' ~C:) ! 1 '~.~, 1- ?~'r{i __( l r:-: - . J>e: :;.:~ ~:.--v i'v ...." r ::=j ~, ~, m :<. ,ftI!!lIl~~~j,~~m~~~fm'}'!j!!j!''',*,~1\:~~~''!M'<,*'@m>'f\t~~~~'l!'l'''~~',~~",_,,~ VALERIE ROSENBLUTH PARK, ESQUIRE 'Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS. DALLAS 0 HOCKENBERRY Defendant NO. 00-4573 CV PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: f, A ~ ROSENBLUTH PARK, ESQUIRE J !':'"'l"~ ,~o,_~, , - , '~,"" a ~,~ '-"1!IllI!. ",~ ~, .~"~ ~.......~ ~~'r~""~ ~_ ...... ~.. .1 '. _",",0 " ""~' -'""'orj[Ul1Ua~--'"' ~I' lJ ~'."H-~TIt'~n~'(i' 0 (~ ,-' , ; C .--:-, :;;: :z -J("1 :~ rnr=t':', --< Z:::C ~l~ 0" q ~'D , ;--; );; ~- ,_:-- Zl;:...:? -" -'~ C~ ~I",-) t..) ~~:l r'~ PC:: ~ '::l c';:; 00 ::i _.""""",._."_,~J_~flll:\llm."Jil-"""liIRl~~~~~m1liiffiill~iil~.~J:"".o~!!'I'~ R. Thomas Kline, Sheriff,who being duly sworn according to law, states this writ is returned STAYED., NO lICTION TAKEN IN 6 MOJIllHs. Sheriffs Costs: Advance Costs: Sheriffs Costs: 150.00 102.28 47.72 Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee ~ r~ ,."':::-; '>':'J $ 18.00 2.00 .50 1.00 11. 78 Refunded to Atty on 9/28/01 20.00 40.00 9.00 $ 102.28 Sworn and Subscribed to before me So Answers; t"'~~U<~f ~ I ~ "t -..l I... this ..( /!LAl day of a o;:j, ,. . 2001 A.D. ~ t2 'ndl/-.,,~ prothonotary R. Thomas Kline, Sheriff By ~ Qucl,oJt. ~/LP...u:)!caW V I ~ '1/\ l), :~~ ~,' \!:1 d r.'l ! . 51, [1! DE na~ U~:~l "'''' :I.;llli3H,: J!L y; 3::[~:i(\ \,cO c..\e- 31.d~ "I ~'Jl1JIf1J ." ~,'~ ..~ .____~" _'U _" ~, __~_ _ . .,'"._ _ ". .. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-4573 Civil Tenn CIVIL J\CTION . LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due First Select Corporation PLAINTIFF(S) from Dallas O. Hockenberry. 402 North Bedford Street. Carlisle. PA 17013-1911 and Mellon Bank, 4101 Carlisle Pike, Camp Hill, PA 17011 DEFENDANT(S) (1) 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 __ Levy against all Savinqs accounts, checkinq accounts, certificates of deposit and owed to the Defendant, Dallas o. Hockenberry 177-42-4190 at Mellon Bank, garnishee. GARNISHEE(S) as lollows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account 01 the defendant(s) and from delivering any property 01 the defendant(s) or otherwise disposing thereof; (3) II property of the defendant(s) not levied upon an subject to attachment is lound inthe possession 01 anyone other than a named garnishee, you are directed to notify himlherthat helshe has been added as a garnishee and is enjoined as above stated. L.L. Due Prothy Other Costs $.50 $1.00 Amount Due Interest Atty's Comm Atty Paid Plaintiff Paid $7,619.65 08/23/00 % $e5 ",Q $10< fiO Date: l\11gJ1Ht 7.R, 7.000 r.1Jrri Po R loner Prothonotary, Civil Division JI2~ {! . f? 7?0//;lAt. r- Deputy REQUESTING PARTY: Valerie Rosenbluth Park Address: 25 E. State St., P.O.Box 1779 Doylestown, PA 18901 plaintiff Name Attorney lor: Telephone: Supreme Court ID No. 215-348-5200 72094 ~__,"""",""""M~~~' , ;wl!,,".__I!fI:, Mn'PT:._ "ll~~~,,"~ _~. ,_"~~""".""~'i!iI~,,j!~~j'\fl'~~j MARK R. SHINDLE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JENEL YN SHINDLE, Defendant : NO. 00-4753 : IN CUSTODY CNIL TERM AFFIDAVIT OF SERVICE AND NOW, this 41:h. day of April, 2003, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, Mark R. Shindle, and states that a true and attested copy of a Petition for Modification of Custody was forwarded to Defendant, Jenelyn Shindle at 1840 East Chocolate Avenue, Hershey, PA 17033, and received at 1220 Harding Avenue, Hershey, PA 17033, by certified mail, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on March 28, 2003. Ie, quire Plaintiff G IE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before e this 1i::w day of (i l , 2003 ... Nolaria, Seal Karisa J. lehman, Notary Public Carlisle Bore, cumberland County My Commission e.<!i4,es Aug. 25, 2003 ;,"~~~~ / . Compllll ,', Ins' 1~2:"and3: 'ISb cornplete item 4 if Restricted Delivery is desired. . Print ybur name and address on the reverse so that w.e can return the card to you. . A.,ch this card to the back of the mail piece, orion the front if space permits. 1. Article Addressed to: ~~~~ 1~40 'E.~~ ~~~ ~\=A \\033 2. Article Number (1'ransfer ~'/' servfce I'*(); 7~ I PS Form 3811, August 2001 ~ IT" IT" ru -D "" Ul Certified Fee -D Cl Cl Cl Return RacelptFee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) D Agent o Addressee (P'rt ~;:cl f5L 'Ji.r~i;e~ D. Is delivery dress different from item 1?, Ii( Yes If YES, enter delivery address below: t:I No 1.<.;1. = Ho.r-J,"j I-f~r-/h 'l..y, fA I/-Ift. ) 7 'Cj3 3. Service Type A:;fCertified Mail o Registered o Insured Mail o Express Mail a Return Receipt for Merchandise DC.O.D. 4. Restricted Delivery? (Extra Fee) ~Yes ~S-(P I ~~, 'SP~ if r:tRif- ~ Domestic Return Receipt 102595.()2.M-0835 Postage Cl r=J Total Postage & Fees $ Ul ru ..::rro _ _".""" _.. ___... ' , t ~ St~~ ~a\Lmm....l o -~~~:~_NZI'~p'.+4---m..."_.Qu..E~__~\~:\ciI -"" ["- 'I., .~.L,._, f1\ /0 , .._ _Jil4 _~ ~~--.,., ~ ''''''.tll!l'~_ -~.....,. I",}, ~~ ~ ~. -"._~ ," . ~ ~_? - - ~ " , ~~" .'-="""<' ^~"~,~'" -^- -, ",~I " - ."~ --""~,~,.",- \ .'U_ """, 0 c::) (J, C C-.0 , ~~ -;-1 \ t:J '" Ci.,' --..:; , Q) [; .- ~,' -""..". ~i[ ..J-.~ /' _ 2~ i: - , , ~ c-.. ~/~ .',- ~'1 .'..... __1 ~, (;::J _.'J , -< ~~ -"'r"1"~'""' ~"'~' ~~'f'< """"JI,M.~ _!!i,....am!W~!~IllI!W"lfi"~~~~@l!jj!jil!!'Wfu'l'$'f1'J-:mIF,!'%~I~CB!il~Hmurt~Jill~ AUG 0 1 Z003~, ~ MARK R. SHINDLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-4753 CIVIL TERM JENEL YN SHINDLE, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER AND NOW, this ~ day of 003,upon consideration of the attached Petition, it is hereby Ordered that Diane S. aker, Esquire, 17 ,/ "",, shall be permitted to withdraw as counsel. // :~" J. / ~~ I?\ ,,~~O; ~kQ:J C> 'b.o-' -,~ , , ,~ - ~' , .;-; ',7__. .1, . , - -~. ~liliii_i;ij;~~,tr"j:~ilalfillli~\1J;JIfi>""'.;;J~""""~~~c&l!:ii!i_:iij)'Jf~,,,"'~~olIiilillllliillkllllilid l.' ~. .- -,=-" ~ A "" ..~" "..,. ". ~ ., ~ ~. .~ ,- ""lilliJ~~~lIiJ'- ~, . ~~;li;W"'~' , ~~""l!i';'_.~ ,~"'"' c, '! (") c:.' 0 C (....J s:: -1'1 \'JO:::r "'" :_-j n1rr; ~ ,":;1'1'1 Z:J:. G') Zr ~ I ~3t9 (J)~/:" c,..r; -<;., ~-:) .1 kC' ..H.J ~O ;r.. ~~=R -C~ :"~!:g Pc: 'of? 0 Z j;! :< e- X' -< MARK R. SHINDLE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-4753 CIVIL TERM JENEL YN SHINDLE, Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Diane S. Baker, Esquire, as attorney for the Defendant, Jenelyn Shindle, and petitions the Court to withdraw as counsel and in support thereof avers as follows: 1. Plaintiff in this custody matter is Mark R. Shindle. Mr, Shindle is represented by Bradley L. Griffie, Esquire. 2. Defendant/Respondent in this custody matter is Jenelyn Shindle, an adult individual residing at 1220 Harding Avenue, Hershey, Dauphin County, Pennsylvania 17033. 3. Respondent's counsel, Diane S. Baker, Esquire, requests leave of Court to withdraw as follows: A. On April 10, 2003 petitioning counsel, Diane S. Baker, Esquire, met with Respondent, Jenelyn M. Shindle, and her fiance, Michael A. Friedrich, with regard to a custody matter scheduled for a conciliation conference on April 15, 2003. At the conference, fee arrangements were discussed and Respondent agreed to pay a retainer in the amount of$300.00 prior to the conciliation conference. ;--;'lj '[" -""_ "' I;' B. On April 13, 2003, Respondent signed a fee agreement and provided petitioning counsel with a retainer in the amount of $300.00. C. On April 15, 2003, petitioning counsel attended the conciliation conference with the Respondent. The matter was not resolved and the parties were directed to participate in a re-evaluation with Dr. Arnold Shienvold with the costs to be paid by Ms. Shindle. D. On or about April 21, 2003, Respondent's check in the amount of $300.00, which was drawn on her joint account with Michael Friedrich, was returned by the bank as insufficient funds. The check had been written out by Mr. Friedrich. E. Ms. Shindle and Mr. Friedrich were both notified of the bounced check and made promises to make payment. F. On May 5, 2003, after payment on the returned check had not been made, petitioning counsel sent a letter to Ms. Shindle advising her that she would no longer represent her inasmuch as she had failed to comply with the terms of the fee agreement. A copy of the fee agreement is attached hereto as Exhibit A. A copy of the letter of May 5, 2003 is attached hereto as Exhibit B. G. Subsequently, Ms. Shindle contacted petitioning attorney and advised counsel that Michael Friedrich, her fiance, would be picking up her file and paying the outstanding balance. H. On June 3, 2003, Mr. Friedrich received the entire file from petitioning counsel's office and signed a release for the file. A copy of the release is attached hereto and marked as Exhibit C and incorporated herein. '",..,., "- " , ._" . 4. On July 16, 2003, petitioning counsel sent a letter to Ms. Shindle reminding her that she needed to obtain alternate counsel for the upcoming hearing. A copy of that letter is attached hereto as Exhibit D. 5. As of the filing of this Petition, petitioning counsel believes and therefore avers that Respondent has not obtained another attorney. 6. This matter is scheduled for a hearing on August 11,2003. 7. Attorney Diane S. Baker requests leave of Court to withdraw as counsel for the following reasons: A. Respondent took her file and its contents on June 3, 2003 and has had no further contact with petitioning counsel since that date. B. Respondent did not comply with the fee agreement and in particular, secured petitioning counsel's attendance at the custody conference by using a check that was returned for insufficient funds. WHEREFORE, Diane S. Baker, Esquire, respectfully requests this Honorable Court issue an Order granting Diane S. Baker, Esquire, leave to withdraw as counsel. Respectfully iane S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 DATE: '7-,529-03 -- " VERIFICATION I verify that the statements made in this Petition to Withdraw as Counsel are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ,j'f' CERTIFICATE OF SERVICE Y' I h<reby ",",,'" 00 ... 1ft day of ilCCl , 2003, . ""' and correct copy of the Petition to Withdraw as Couns was ~rved on the following person by United States Mail, postage prepaid, addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Ms. Jene1yn Shindle 1220 Harding Avenue Hershey, PA 17033 . e S. Baker, Esquire Supreme Court ill 53200 27 South Arlene Street Post Office Box 6443 Harrisburg,PA 17112-0443 (717) 671-9600 .' {ljiafze. JOfllnZe/W/ {lJaAer ATTORNEY AT LAW POST OFRCE BOX 6443 27 SOUTH ARLENE STREET HARRISBURG.PA17112~ (717) 671-9600 FAX (717) 671-9601 DSBAKERLAW@aol.com April 1 0, 2003 Jenelyn M. Shindle 1220 Harding Avenue Hershey, PA 17033 FEE AGREEMENT Dear Jenelyn: As a follow-up to our recent discussion, and as required by the Pennsylvania Supreme Court in order that we may avoid any misunderstandings, this letter is meant to set forth the agreement concerning my representation of you. 1. I request that you pay to my office a retainer of $300.00 for your custody matter. I will apply this retainer against time and costs expended upon your behalf. Once the retainer is used I may ask that you replenish it. 2. As we discussed, you will be billed based upon my hourly rate of one hundred thirty-five dollars for all time devoted to your case. The minimum billing increment is two-tenths of an hour. The time charged includes not only meeting with you and court appearances, but also such activities as drafting and reviewing pleadings and correspondences, telephone conversations with you, opposing counsel, and the court, e- mail communications, time spent with witnesses, legal research and travel. In addition to the charges for professional services, you will be responsible for timely reimbursing me for all of the out-of-pocket expenses, such as filing fees paid to the court, charges for long distance telephone calls, postage, experts, investigative and witness fees, travel expenses, service costs, transcripts, telecopies and photocopies. 3. I will be sending you monthly statements as your case proceeds containing a description of all time expended on your case along with all costs expended on your behalf and the status of your escrow account. Payment is due within twenty (20) days of the statement. You will be charged interest in the amount of eighteen percent (18%) per annum for any past due balance. If you are unable to pay the balance in full I accept payments on' account. Furthermore, I reserve the right to terminate our attomey-client relationship if no payment is received for a period in excess of forty-five days. If I am "EXHIBIT A" '-,~~- _. =" ~ forced to turn your account over to collection you will be responsible for any attorney's fees incurred in order to collect on your past due account. 4. I will keep you informed as to the progress of your case. You will receive copies of all papers coming in and going out of this office, including correspondences, pleadings, and other documents. If I am unavailable when you telephone, please leave a message and I will return your call as soon as I am available. You may also correspond with me via e-maiI.MyaddressisDSBAKERLAW@AOL.COM. You should understand, however, that the Internet is not necessarily a private means of communication and there is the potential for disclosure of confidential matters. 5. You have the right to terminate my services at any time, for any reason. As stated above, I reserve the right to terminate the representation upon your failure to pay the fees as required or replenish the retainer upon my request. I also reserve the right to terminate representation immediately in the event that cause exists under the Pennsylvania Rules of Professional Conduct, which govern attorney behavior. I hope that this letter correctly confirms our arrangement concerning my services, fees and costs. If it does, I would appreciate your signing the enclosed copy of this letter in the space indicated below and returning it to me with the required retainer. Of course, should you have any questions or comments about this letter or the arrangements discussed above, please do not hesitate to give me a call. I look forward to working with you. Very ~~ ou, ," . e S. Baker I have read the above retainer letter and it correctly sets forth my understanding in regard to my fee arrangement and representation by Diane S. Baker. I further acknowledge that I have received a copy of this letter. Dated: ~ 1/1/0 3 of '~,o ~~^_ ,-" , , ~~"...fm -""'.' "' 0iane JOnl/Jle/'& {lJa!U/f. ATTORNEY AT LAW POST OFRCE BOX 6443 27 SOUTH ARLENE STREET HARRISBURG, PA 171124143 (717) 671.9600 FAX (717) 671.9601 OSBAKERLAW@aol.com May 5, 2003 Ms. Jenelyn Shindle 1220 Harding Avenue Hershey, PA 17033 RE: Mark R. Shindle v. Jenelyn Shindle Dear Jenelyn: Enclosed please find the Order of Court with regard to your custody matter. Inasmuch as you have failed to make payment in a timely manner on the bad check that you provided to me as a retainer, I will no longer represent you in this action. Please make arrangements to retain alternate counsel within the next fifteen days, as a hearing is scheduled for August I 1, 2003. If I do not hear from another attorney on your behalf, then I will file a Petition to formally withdraw my appearance based on your failure to comply with the terms of our fee agreement. This Petition will have to be served on your husband's attorney, thus, divulging to your husband the reason for my withdrawal. Of course, you remain responsible for your outstanding account, including the bad check, which will be pursued through the district justice if necessary. If you have any questions, please feel free to contact me. Otherwise, please have your new attomey contact me within the next 15 days. Very truly yours, ~~,~ DSB:lsf Enclosure "EXHIBIT B" . , r ~ I, Michael Friedrich, authorized agent for Jenelyn Shindle, hereby acknowledge that I have received Jenelyn Shindle's entire file from Diane S. Baker, Esquire, this 3rd day of June, 2003. Further, I hereby confirm that Ms. Shindle wishes to terminate the attorney/client relationship with Diane S. Baker, Esquire. ~~~ Michael Friedrich "EXHIBIT e" 1'-~' -"" -'r=" ="~~~ ~ ." ~ ~.!....2;.<>... "1. ~ i'l " DIANE S. BAKER, ESQUIRE 27 South Arlene Street Post Office Box 6443 Harrisburg, Pennsylvania 17112-0443 717-671-9600/717-671-9601 (fax) DSBAKERLA W@AOL.COM July 16,2003 Ms. Jenelyn Shindle 1220 Harding Avenue Hershey, PA 17033 Dear Jenelyn: Enclosed please fmd a copy of correspondence I received from Mr. Griffie, your husband's attorney. As you are aware, on June 3, 2003, your file was picked up from my office, and I was advised that you were obtaining another attomey. To date, I have not received correspondence from your attorney nor, apparently, has he or she contacted Mr. Griffie. Please have your new attorney enter his or her appearance with the court immediately and provide me with a copy. If I do not hear from your new attorney within the next five days, then I will file a Petition to Withdraw as counsel stating the reasons for the withdrawal and a copy of the Petition will be filed with the court and served upon your husband's attorney. If you have any questions, please feel free to contact me. Very truly yours, d I el/Jt:.-.sea.Ju.1. / GF Diane S. Baker DSB:lsf Enclosure "EXHIBIT D" ~"~ . ' ~ "'" " I' I' I' Ii I" II Ii I, 1:1 i:! i'j jJ I,; p, i,J I' Ii ! ','l!~ ,H!"'~l!!~II'-'l!~rn<~II'll!W ",~mWili\W''''~~I':';_~:"",_. ;,-. '~1t ''ii;;:};"- 'i"'\~~BI;lfJ-l:{&'l4'1t...'€~~fi;1;';t:[*j~1J,~%K~5f; r., c::, ~;;;.' ~" -0(-':::.1 ~~~~:- ~~ ~; t~( - ;~8 "'-~~- -..; --..: C (.h) '- !::;, o .'1'1 (~ I..~ -' -, ~:~~r ::D -;~,\3 ;~~:; ~7i "n <~o ~:~rn '7A ',;;or ~ ~..:-) 3: '-:? ," __I ~__,I~~ltl~"N:;";\1!!i'?-J;,y""f"m~'~i<t;j\\!,,;N""'WM','''',""!l'-H'~~"'~~w.i~r-;lt%ij;!Jl:"!,~~';j""lf,effi~!I~~ "^'"