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HomeMy WebLinkAbout03-6463STEPHANIE RHOADES and ALYSSA RHOADES, a minor, by StephanJe Rhoades, her Guardian and BRIANNA RHOADES, a minor, by Stephanie Rhoades, her Guardian, Plaintiffs DONALD E. BOYD 14320 RICHMOND ROAD RED LION, PA 17356 And JAMES EMBREY P.O. BOX 203 SWITZER, WV 25647 Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003- (~..~ ~ ~, ~'(o,~L CIVIL TERM : CIVIL ACTION ~ LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, Donald E. Boyd and James Embrey, and enter my appearance on behalf of the plaintiffs, Stephanie Rhoades, Alyssa Rhoades and Brtanna Rhoades. Mr. Donald E. Boyd 1430 Richmond Road Red Lion, PA 17356 December /~, 2003 By: James Embrey P.O. Box 203 Switzer, WV 25647 Respectfully sub~ / Marcus A.~eKnight, II]L, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 To: Donald E. Boyd James Embrey You are hereby notified that Stephanie Rhoades, Alyssa Rhoades and Brianna Rhoades, plaintiffs, have commenced an action against you which you are required to defend or a default judgmant may be entered against you. PROTHONOTARY Date: ,/~//,~,/o._7 ,2003 By: STEPHANIE RHOADES and ALYSSA Pd-IOADES, a minor, by Stephanie Rhoades, her Guardian, and BRIANNA RHOADES, a minor, by Stephanie Rhoades, her Guardian, Plaintiffs DONALD E. BOYD and JAMES EMBREY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-03-6463 CIVIL TERM CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant James Embrey in the above captioned case. BY: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGG1N hNe~. J7'8~ ~r7c avage, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant James Embrey DATE: STEPHANIE RHOADES and ALYSSA RHOADES, a minor, by Stephanie Rhoades, her Guardian, and BRIANNA RHOADES, a minor, by Stephanie Rhoades, her Guardian, Plaintiffs DONALD E. BOYD and JAMES EMBREY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-03-6463 CIVIL TERM C1VIL ACTION - LAW CERTIFICATE OF SERVICE I, ,d/75&/& ~,'//,r-,anemployee of Marshall, Dennehey, Warner, Coleman& Goggin, do hereby~'/certify that on this ~tJ~lay of January, 2004, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 W. Pomfret Street Carlisle, PA 17013 STEPHANIE RHOADES and ALYSSA RHOADES, a minor, by Stephanie Rhoades, her Guardian, and BRIANNA RHOADES, a minor, by Stephani¢ Rhoades, her Guardian, Plaintiffs DONALD E. BOYD and JAMES EMBREY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-03-6463 C, IVIL TERM CIVIL ACTION - LAW PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiffs to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 0rr Phe~ J. Barcavage, Esquire · No. 78867 0 Crums Mill Road, Suite B isburg, PA 17112 (717) 651-3506 Attorney for Defendant James Embrey STEPHANIE RHOADES and ALYSSA RHOADES, a minor, by Stephanie R. hoades, her Guardian, and BRIANNA RHOADES, a minor, by Stephanie Rhoades, her Guardian, Plaintiffs DONALD E. BOYD and JAMES EMBREY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-03-6463 CIVIL TERM CWIL ACTION ~ LAW CERTIFICATE OF SERVICE I,_ /~/76 e../~t.~'/tr~ ,an employee of Marshall, Dennehey, Warner, Coleman & / Goggin, do hereby certify that on this a.9~-~ a{lay of January, 2004, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 W, Pomfret Street Carlisle, PA 17013 STEPHANIE RHOADES and ALYSSA RHOADES, a minor, by Stephanie Rhoades, her Guardian, and BRIANNA RHOADES, a minor, by Stephanie Rhoades, her Guardian, Plaintiffs DONALD E. BOYD and JAMES EMBREY, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2003-03-6463 CIVIL TERM CWIL ACTION - LAW RULE AND NOW, thiscx~ day of _x._.J~'~t._~2_,./ _, 2004, upon consideration of the foregoing Praecipe, Plaintiffs are hereby ordered to 1 e their Complaint within twenty (20) days hereof or suffer judgment of non pros. BY THE PROTHONOTARY: SHERIFF'S RETURN - CASE NO: 2003-06463 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RHOADES STEPHANIE VS BOYD DONALD E ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BOYD DONALD E but was unable to locate Him deputized the sheriff of YORK serve the within WRIT OF SUMMONS , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, He therefore Pennsylvania, to On February 18th , 2004 attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 45.50 .00 82.50 02/18/2004 MARCUS MCKNIGHT Sworn and subscribed to before me this J~)~ day of ~ A.D. Prothonotar~ ' ' this office was in receipt of the R. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN CASE NO: 2003-06463 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RHOADES STEPHANIE VS. BOYD DONALD E ET AL CERTIFIED MAIL R. Thomas Kline County, Pennsylvania, within named DEFENDANT , Sheriff of Cumberland who being duly sworn according to law served the ,EMBREY JAMES by United States Certified Mail prepaid, on the 16th day of P 0 BOX 203 SWITZER, WV 25647 and attested copy of the attached WRIT OF SUMMONS with December ,2003 at 0000:00 HOURS, postage at receipt card was signed by 00/00/0000 a true Together The returned on Additional Comments: ENVELOPE WAS RETURNED TO CUMBERLAND COUNTY SHERIFF STAMPED "NOT DELIVERABLE AS ADDRESSED-UNABLE TO FORWARD" Additional Comments Sheriff's Costs: Docketing 6.00 Service 4.42 Affidavit .00 Surcharge 10.00 .00 20.42 R. Thomas Kline-- Sheriff of Cumberland County Paid by MARCUS MCKNIGHT Sworn and subscribed to before me this ~- day of~ on 02/18/2004 SHERIFF'S RETURN - CASE NO: 2003-06463 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RHOADES STEPHA/~IE VS BOYD DONALD E ET AL REGULAR DAVID MCKINNEY Cumberland County,Pennsylvania, says, the within WRIT OF SUMMONS EMBREY JAMES DEFENDANT , at 1105:00 HOURS, at 18 STEWART DRIVE CARLISLE, PA 17013 JOYCE EMBREY, WIFE a true and attested copy of WRIT OF SUMMONS Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 5th day of January , 2004 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this ~ ~ day of J~ , [~0~ A.D. ! I Prothonotary So Answers: R. Thomas Kline 02/18/2004 MARCUS MCKNIGHT By: COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ 2 COURT NUMBER 3, DEFENDANT/S/ Stephanie Rhoades et al .... 4. TYPE O~/~RIT OR COMPLAINT Donald E. Boyd et al Writ ~ SL~ons SERVE (' $ NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATFACHED, OR SOLD Donald E. Boyd 6. ADDRESS (STREET OR RFO W1TH BOX NUMBER, APT NO., CITY, BORO, TiNP., STATE AI~D ZIP CODE) AT 14~ Richmond Road Red Lion, PA ].7356 (.~C~ 7. INDICATE SERVICE: r~ PERSONAL r~ PERSON IN CHARGE ~I~DEPUTIZE ~}ar~'~'l ST CLASS MAIL g] POSTED Q OTHER NOW December 16 ,20 03 I, SHERIFF OF~I~DCOUNTY, PA. do hereby deputize the sheriff of York COUNTY to execute tbjS.,~t.~l~ke return t~ccording to law. This deputization being made at the request and risk of the plaintiff. -~""'~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Ct~berland OUT OF COUNTY -CUMBERLAND ADVANCE FEE PD BY CUMERLAND CTY SHERIFF NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any properly under within wdt 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 port of such deputy or the sheriff to any plaintiff MARCUS A. MCKNIGHT, III, ESQ. 60 W. POMFRET ST. CARLISLE PA 17013 717-249-2353 12-115-2003 12. SEND NOTICEOFSERVICECOPYTO NAMEANDADDRESSBELOWt (Thisareamustbecompletedifnoticeistebemailed). CUMBERLAND COUNTY SHERIFF'S DEPT. orcomplaintasindicatedabove.%/RONDA M. AHRENS, RAT 12-17-2003 01/14/2004 ROW SERVED: PERSONAL~ RESIDENCE~ POSTED( ) POE( ) SHERIFF'S OFFICE ( ) O'I¥11~R( ) SEE REMARKS BELOW 17. ~1 I hereby ce~y and return a NOT FOUND because I am u~b~ to locate the individual, company, otc. named above. (See remarks betew.) ......18, NAME AND TITLE__.~OF INDIVIDUAL~//_~SERVED__/LI~T.~ ' . A D D RE.S.i.~II~RE~=.~ ." "-' NOT SHOWN ABOVE (Relationship to Defendant) ~ ~ ...~.~f~S~19. Date 20 ~Time'~ ~ ~Se~of 21,ATTEMPTS Date ITime I~] In[. r~jTir~e IMile~s'~nt.~Date ,Time IMilesl Int. JDato I'rime I Miles] Iht l Date TIme Miles lot. I Dato Time Miles Int. /I I I I I I I 2. >~ ' . .'eng 27:Po~tege .~? I 29. Pound 30. Notary 31.Sun:hg. 32. To,.Co,ts :33. Costs Due (~-Refur~ ~he~No. JamesV, Vang[~n, No~btic , Coun~Shedff~/~---7 ~zz ~ ~/ ~ - ~ ~- ~ :- . SHERIFF W~LLIAM M. ~SE ~ ' 01-21,-2994 '"' I 48, Signature ~ Foreign 49 DATE Coun~ Shedff 50. I ACKNO~EDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE ~ 51. DA~ RECEIVED OF AUTHORIZED ISSUING AU~HORI~ AND ~TLE I STEPHANIE RHOADES and ALYSSA RHOADES, a minor, by Stephanie Rhoades, her Guardian and BRIANNA RHOADES, a minor, by Stephanie Rhoades, her Guardian, Plaintiffs V. DONALD E. BOYD And JAMES EMBREY Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003- 6463 CIVIL TERM : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this /~dayof ~ .,2004, upon consideration of the attached Petition to Approve Compromise of Claim, the parties may compromise this action upon the terms of the proposed compromise set forth in the Petition. Stephanie L. Rhoades, natural parent of Alyssa M. Rhoades? a minor, is authorized to sign the Release and any and all information necessary to effectuate the settlement of this matter. Further, Stephanie L. Rhoades, is authorized to pay the $225.00 to Irwin & McKnight for counsel fees. The sum of $525.00 is to be deposited in the name of Alyssa M. Rhoades with Stephanie L. Rhoades as guardian and/or custodian, into a savings account or Certificate of Deposit at a federally insured banking institution and no withdrawal therefrom can be made until Alyssa M. Rhoades reaches majority, except as authorized by Order of Court. Counsel shall file with the Prothonotary and forward a copy to the chambers of this Judge proof of compliance with this Order. The Honorable Edward E. Guido STEPHANIE RHOADES and ALYSSA RHOADES, a minor, by Stephanie Rhoades, her Guardian and BRIANNA RHOADES, a minor, by Stephanie Rhoades, her Guardian, Plaintiffs DONALD E. BOYD And JAMES EMBREY Defendants : THE COURT O]F COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ ._ : ._ : 2003- 6463 CIVIL TERM : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this I9)~1/~ day of ~ , 2004 upon consideration of the attached Petition to Approve Compromise of Claim, the p~u~ies may compromise this action upon the terms of the proposed compromise set forth in the Petition. Stephanie L. Rhoades, natural parent of Brianna K. Rhoadesh a minor, is authorized to sign the Release and any and all information necessary to effectuate the settlement of this matter. Further, Stephanie L. Rhoades, is authorized to pay the $225.00 to Irwin & McKnight for counsel fees. The sum of $525.00 is to be deposited in the name of Brianna K. Rhoades with Stephanie L. Rhoades as guardian and/or custodian, into a savings account or Certificate of Deposit at a federally insured banking institution and no withdrawal therefrom can be made until Alyssa M. Rhoades reaches majority, except as authorized by Order of Court. Counsel shall file with the Prothonotary and forward a copy to the chambers of this Judge proof of compliance with this Order. The Honorable Edward E. Guido STEPHANIE RHOADES and ALYSSA RHOADES, a minor, by Stephanie Rhoades, her Guardian and BRIANNA RHOADES, a minor, by Stephanie Rhoades, her Guardian, Plaintiffs V. DONALD E. BOYD And JAMES EMBREY Defendants : THE COURT' OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : : .. : 2003- 6463 CIVIL TERM .. : CIVIL ACTION - LAW _. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA · : SS: COUNTY OF CUMBERLAND : NOW, Marcus A. McKnight, 1II, Esquire, being duly sworn according to law, does depose and state: That he is a competent adult and attomey for the minors, Alyssa Rhoades and Brianna Rhoades, in the captioned action. Date: June 22, 2004 2. That a check in the amount of $525.00 has been deposited on behalf of Alyssa Rhoades at M&T Bank in a restricted account on May 21, 2004. 3. That a check in the amount of $525.00 has been deposited on behalf of Brianna Rhoades at M&T Bank in a restricted account on May 21, 2004. 4. That the deposit slip for this transaction is attached hereto and made a part hereof. 5. That the account number and information indicating that this account is restricted for withdrawals without an Order of Court is attached hereto and made a part hereof I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. IRWIN & McKNI[GHT ~)t'us A. IVI~night, 11I, Esquire S~u~rt Id.g. 25476 60 W~-t B6mfret btreet Carlisle, PA 17013 (717) 249-2353 Attorney for Alyssa Rhoades and Brianna Rhoades MaT Td~phone B~nkmg DEPOSIT/PAYMENT RECEIPT 1-800-72,i-24 iD [] DEPOSIT [] PAYMENT [] CHECKING []SAVINGS ~-~ ; ~; ' []LOC :':~ ''" [] LOAN ~ MTG ~ OTHER THE DEPOSIT OR PAYMENT HAS SEEN RECEIVED ON THE DATE VALIDATED ASOVE AND IS SUSJECT TO THE TERMS AND CONDITIONS GOVERNING YOUR ACCQUNT CHECKS AND OTHER NQN-CASH ITEMS RECEIVED FOR DEPOSIT ARE SUBJECT TO VERIFICATION AND COLLECTION BY M&T BANK DEPOSITS MAY NOT SE AVAILABLE FOR iMMEDIATE WITHDRAWAL New A~:count 05/21/04 MANUFACTURERS AND TRADERS TRUST COMPANY CONSUMER DEPOSIT ACCOUNT OP~UEST ACCOUNT TITLE AND ADDREss ALYSSA RHOADES, MINOR STEPHANIE L RHOADES, GUARDIAN SURROGATE COURT CLERK NO W/D UNTIL 9/13/2015 1117 MOUNTAIN RD NEWBURG PA 17240 _CUST_I SSN: 159780996 OFFICE OF ACCOUNT 4319 High Street Carl/sic Offi ACCOUNT NUMBER 31003913462972 ACCOUNT TYPE 8 - 24 Month CD CUST 1 PHONE # 717-~ BIRTHDATE 09/13/1997 CUST 2 SSN: !69665480 BIRTHDATE 07/08/197 By signing below, I (we) (D re,,-~,~* ,~ ~-0 ~ - ~ u//08/1976 Deposit Account Agreement, Availability Disc osure for Consumer Deposit Account T~ern~s containing information abou the ............ s, the Specifi~ Fe ture~ Lertlficate of Deposit, the Agreement for~l~;~;e.-a-p~pnc, a.Ole f? schedule and, if the account i~aa Jumbo ~P mstrucuons, uy signing below, I (we) acknowledge and agree that if the account is opened in the names of two or more individuals, unless the account is a fiducia~, or custodial account, it will be a Tenancy By The Entireties Account With Right of Survivorship if the sole individuals in whose name the account is opened are husband and wife, and, in all other cases, a 3Joint Account W~th Right of Survivorship. Certification. Under penalties of perjury, I (customer I) certify: (1) that the number shown on this form is my correct Taxpayer Identification Number (or I am waiting for a number to be issued to me), and (2) that I am not subject to backup withholding because (a) I am exempt from backup withholding; or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup wi~hholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer ~ubject to backup withholding; and (3) that I am a U.S. person (including a U.S. resident sliest). Certification Instructions. You must cross out item (2) above if you have been notified by the IRS that you are currently subject to backup withholding because of underreportiug interest or dividends on your tax return. (Also see Part III - Certification under Specific Instructions on the separate W-9 fi~rm.) The IRS does not require your consent to any provision of this document other than the certifications DATE :CUST3 DATE CUST4 IDENT~ICATION: DATE CUST I O ok CUST 2 DL dl C UST 3 CUST 4 $525.00 CHECKING: Relationship Package Transfer Interest to Account Safecheck? SAVINGS: CLUB: ACCOUNT SPECIFICS Interest Rate PR OD Funding Account Transfer Interest to Account Interest Rate Months Initial Mamtity Date 1 i/21/05 YES Final Maturity Date 1,9800 Transfer Interest to Account Interest Cycle 00 PR Copy-Bmnc~ DA~TE 05/21/04 WPA001 (03,04) ST3 EMPLOYED CUSTOMERS ON ACCOUNT: SOURCE OF FUNDS IF ACCOUNT WAS FUNDED WITH CASH AMOUNT GREATER THAN $10,000: ANTICIPATED ACCOUNT ACTIVITY Wire Transfer Activity: Will the account be used to initiate more than 1 (one) OUTGOING wire transfer per week? NO Will the account be used to send wire transfers to more than one beneficiary? N/A Will the account be used to send wire transfers to beneficiaries in foreign countries? N/A Will the account receive more than 1 (one) INCOMING wire transfer per week? NO Will the account receive wire transfers from multiple originators? N/A Will the account receive wire transfers from origina~rs in foreign countries? N/A 'vi Cash Acti ty: Will the account be used to make more than l (one) DEPOSIT of $5,000 or greater in cash per week? NO ApPlicable activities: Will the account be used to make more than 1 (one) WITHDRAWAL of $5,000 or greater in cash week? NO Applicable activities: ACCOUNT NUMBER: MANUFACTURERS AND TRADERS TRUST COMPANY AUTHORITY OF FIDUCIARY TO OPEN DE!POSiT ACCOUNT (For use for trusts, estates, by escrow agents, landlords, etc.) 31003913462972 DEPOSITOR: Fiduciary Title Address ALYSSA RHOADES, MINOR, STEPHANIE L RHOADES, GUARDIAN SURROGATE COURT CLERK STEPHANIE L RHOADES 1117 MOUNTAIN RD NEWBURG PA 17240 717 423~304 169665480 ' Telephone SSN (title of estate, trust, esCrow fund, etc.) Signer Address Telephone SSN Signature Signer Title Signer Address Title Address Telephone SSN Telephone SSN Signature Signature 1. f certify that Depos tor named above is a(n) ~ E] (trust under will, revocable trust, escrow fund, securit~ deposit, deposit in lieu of bond, etc.) validly creatod or existing under the laws of the State of and I am authorized to act on Depositor's behalf by statute or by: An agreement with entitled _ appointing the undersigned as (escrow agent, trustee, executor, landlord, etc.); or The last will and testament of and letters testamentary issued . naming me as [3 A trust agreement of grantors named .; or n Court order dated guardian, custodian, trustee, etc.) naming me as 2. [] I certify that only one signature is required to authorize banking transactions for Depositor, and acknowledge that dual signature requirements or restrictions impose no duty of enforcement on M&T Bank. I further certify that each signature appearing above or on a Rider hereto is a ~ue specimen of the signature of the person whose signature It purports to be. Name of Entity (~ Fiduciary Is a co;~,~,.[ion, etc.) Name of Entl~.po'~mte fiduciary; If any) By: Authorized Signature Capacity $T3 MANUFACTURERS AND TRADERS TRUST COMPANY *** CERTIFICATE OF DEPOSIT *** DATE: 05/21/2004 OFFICE: High Street Cadisle Office ALYSSA RHOADES, MINOR STEPHANIE L RHOADES, GUARDIAN SURROGATE COURT CLERK 1117 MOUNTAIN RD NEWBURG PA 17240 ACCOUNT NUMBER: OPENING DEPOSIT: ACCOUNT TERM: INTEREST RATE: ANNUAL PERCENTAGE YIELD: MATURITY DATE: 31003913462972 $525.00 18 Months 1.98 2.00 11~1~005 Thank you for choosing M&T Ban~ NOT TRANSFERABLE (AS DEFINED IN 12 CFR 204) "** NON'NEGOTIABLE *** Member FDIC DEPOSIYtPAYMENT RECt~lPT [] DEPOSIT [] PAYMENT [] CHECKING [] SAVINGS [] LOC [] LOAN [] MTG [~ OTHER "B~_nk By Phone... Call 5I&T Telephone Banking Ce~er 1-800-724~24,:~0 THE DEPOSIT OR PAYMENT HAS BEEN RECEIVED ON THE DATE VALIDATED ABOVE AND IS SUBJECT TO THE TERMS AND CONDITIONS GOVERNING YOUR ACCOUNT CHECKS AND OTHER NON-CASH ITEMS RECEIVED FOR DEPOSIT ARE SUBJECT TO VERIFICATION AND COLLECTION BY M&T BANK DEPOSITS MAY NOT BE AVAILABLE FOR IMMEDIATE WITHDRAWAL · New Ac'count 05/21/04 MANUFACTURERS'~'ND TRADERS TRUST COMPANY CONSUMER DEPOSIT ACCOUNT OPENING REQU I,;ST ACCOUNT TITLE AND ADDRESS BRIANNA RHOADES, MINOR STEPHANIE L RHOADES, GUARDIAN SURROGATE COURT CLERK CANT ACCESS MONEY TILL 9/26/2017 117 MOUNTAIN RD NEWBURG PA 17240 OFFICE OF ACCOUNT 4319 High Street Carlisle Offi ACCOUNT N1UMBER 31003913462980 ACCOUNT TYPE 18 - 24 Month CD CUST 1 PHONE # 717~2-~.~,~4 CUST I SSN: 176587049 BIRTHDATE 09/26/1999 CUST 2 SSN: 169665480 BIRTHDATE 07/08/1976 By signing below, I (we) (1) request that M&T Bank open in my (our) names thc deposit accoent requested below with the features requested, and (2) acknowledge receipt of, and agree to all provisions of, the General Deposit Account Agreement, Availability Disclosure for Consumer Deposit Accounts, the Specific Features and Terms containing information about the account, the applicable fee schedule end, if the accouat is a Jumbo Certificate of Deposit, the Agreement for Telephone Instructions. By signing below, I (we) acknowledge end agree that if the account is opened in the names of two or more individuals, unless the account is a fiduciary or custodial account, it will be a Tenency By The Entireties Account With Right of Survivorship if the sole individuals in whose name the account is opened are husband and wife, end, in all other cases, a Joint Account With Pdght of Survivorship. Certification. Under penalties of perjury, 1 (customer 1) certify: (I) that the number shown on this form is my correct Taxpayer Identification Number (or I am waiting fbr a number to be issued to me), and (2) that I am not subject to backup withholding because (al [ am exempt from backup withholding; or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has nofified me that 1 am no longer subject to backup withholding; and (3) that I am a U.S. person (Including a U.S. resident allen). Certification Instructions - You must cross out item (2) above if you have been notified by the IRS that you are currently subject to backup Withholding because of underreporting interest or dividends on tax return. (Also see Part Ill - Certification under Specific Instructions on the separate W-9 form.) your The IRS does not require your cousent to any provision of this document other than the eertificafiom CUST 1 DA l e; ~UST2 DAIF ~UST 3 CUST 4 IDENTIFICATION: DATE CUST l O OK CUST 2 DL DL CUST 3 CUST 4 OPENING A-MOUNT $525.00 DATE 05/21/04 CHECKING: Relationship Package Transfer Interest to Account Safeeheck? SAVINGS: Interest Rate PR CLUB: Transfer to Account TIME DEPOSIT: Initial Term 18 Automatically Renewable9 Interest Rate ' Interest Check? Basis Points PR Approval ACCOUNT SPECIFICS Interest Rate PR OD Funding Account Transfer Interest to Account Months Initial Maturity Date YES Final Maturity Date 1.9800 Transfer Interest to Account Interest Cycle 00 PR 11/21/05 Services Copy - Branch WPA001 (03/04) ST3 SELF EMPLOYED CUSTOMERS ON ACCOUNT: SOURCE OF FUNDS IF ACCOUNT WAS FUNDED WITH CASH AMOUNT GREATER THAN $10,000: ANTICIPATED ACCOUNT ACTIVITY Wire Transfer Activity: Will the account be used to initiate more than 1 (one) OUTGOING wire transfer per week? NO Will the account be used to send wife transfers to more than one beneficiary? N/A Will the account be used to send wire transfers to beneficiaries in foreign countries? N/A Will the account receive more than 1 (one) INCOMING wire txansfer per week? NO Will the account receive wire transfers fi:om multiple originators? N/A Will the account receive wire transfers fi:om originators in foreign countries? N/A Cash Activity: Will the account be used to make more than 1 (one) DEPOSIT of $5,000 or greater in cash per week? NO Applicable activities: Will the account be used to make more than 1 (one) WITHDRAWAL of $5,000 or greater in cash per week? NO Applicable activities: ACCOUNT NUMBER: MANUFACTURERS AND TRADERS TRUST COMPANY AUTHORITY OF FIDUCIARY TO OPEN DEPOSIT ACCOUNT (For use for trusts, estates, by escrow agelnts, landlords, etc,) 31003913462980 DEPOSITOR; Fiduciary Title Address BRIANNA RHOADES, MINOR, STEPHANIE L RHOADES, GUARDIAN SURROGATE COURT CLERK, CANT ACCESS MONEY TILL 9/26/2017 (atre of estate, trust, escrow fund, etc.) STEPHANIE L RHOADES 1117 MOUNTAIN RD NEWBURG PA 17240 717 423~304 168665480 Telephone SSN Signer Titre Address Telephone SSN Signature Signer Ti~e Signer Address Tiaa Address Telephone SSN Telephone SSN Name of Entity (if Fiduciary Is a corporation, etc.) Signature 1. I certify that Depositor named above is a(n) (trust under will, revocable trust, escrow fun-d, security deposit, deposit In lieu of bond, eta.) valid y creal~ed or existing under the laws of the State of and I am a~thorlzed to act on Depositor's behalf by statute or by: -- (3 An agreement with entitled dated __ appointing the undersigned as (escrow agent, trustee, executor, landlord, etc.); or n The last will and testament of and letters testamentary issu~"-~ -- naming me as ~ ri A trust agreement of grantors named ; or [] Court order dated guardian, custodian, trustee, etc.) naming me as 2. n I certify that on;y one signature is required to authorize banking transactions for Depositor, and acknowledge that dual signature requirements or restrictions Impose no duty of enforcement on M&T Bank. I fUrther certify that each signature appearing above or on a Rider hereto is a true speciroen of the signature of the person whose signature it purports to be. Name of Entity (f~;rPorata fiduciary; if any) By: -- Aathorized Signature Capacity ST3 MANUFACTURERS AND TRADERS TRUST COMPANY *** CERTIFICATE OF DEPOSIT *** DATE: 05/21/2004 OFFICE: High Street Carlisle Office BRIANNA RHOADES, MINOR STEPHANIE L RHOADES, GUARDIAN SURROGATE COURT CLERK CANT ACCESS MONEY TILL 9/26/2017 1117 MOUNTAIN RD NEWBURG PA 17240 ACCOUNT NUMSER: OPENING DEPOSIT: ACCOUNT TERM: INTEREST RATE: ANNUAL PERCENTAGE YIELD: MATURITY DATE: 31003913,462980 $525.00 18 Mc,nths 1.98 2.00 11/21/2005 Thank you for choosing M&T Bank. NOT TRANSFERASLE (AS DEFINED ~N 12 CFR 204) "** NON'NEGOTIABLE *** Member FDIC STEPHANIE RHOADES and ALYSSA RHOADES, a minor, by Stephanie Rhoades, her Guardian and BRIANNA RHOADES, a minor, by Stephanie Rhoades, her Guardian, Plaintiffs DONALD E. BOYD And JAMES EMBREY : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003- 6463 CIVIL TERM : CIVIL ACTION .. LAW : Defendants : PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinued. Date: October 15, 2004 Respectfully Submitted, IN a ¥cKNI~T _ Ma}/~ A. Mc~ight, III, Esqmre S~eme Coup. No. 25476 (~0 W.~j~ja~et Street ~arl'mle, Penntsylvania 17013 (717) 249-2353 Attorney for Plaintiffs