HomeMy WebLinkAbout08-4558
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
5006 East Trindle Road, Suite 100
Mechanicsburg, 17050
PH: (717) 591-1755
F: (717) 591-1756
prusso@pjrlaw.com
Attorneys for Plaintiff
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BETTY KELSO, NO. _ y c?8 C iV i l TGrr?
Defendant
TRIAL BY JURY DEMANDED
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 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
1-800-990-9108
TO: BETTY KELSO
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW
MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED
AG
PETER J. RUSSO
COUNSEL FOR KEVIN KENDIG
LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff
BY: PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
5006 East Trindle Road, Suite 100
Mechanicsburg, 17050
PH: (717) 591-1755
F: (717) 591-1756
prusso@,pjrlaw.com
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BETTY KELSO, NO.
Defendant
TRIAL BY JURY DEMANDED
COMPLAINT
AND NOW COMES, Plaintiff, Kevin Kendig, by and through his attorney the Law
Offices of Peter J. Russo, P.C., for Plaintiff's Complaint states:
1. Plaintiff, Kevin Kendig is an adult individual who resides at 120 State Street, York
Springs, Cumberland County, Pennsylvania.
2. Defendant, Betty Kelso is an adult individual who resides at 906 Mud Level Road,
Shippensburg, Cumberland County, Pennsylvania.
3. Plaintiff was married to Nancy Kelsco, formerly known as Nancy Kendig (hereinafter
"Kelsco").
4. Plaintiff filed for divorce from Kelsco on April 15, 2005.
5. Plaintiff and Kelsco went to a Master Hearing on May 31, 2006.
6. An Agreement between the Plaintiff and Kelsco was reach on May 31, 2006. A copy of
the aforementioned Agreement is attached hereto as Exhibit A.
7. Master awarded Plaintiff the guns listed on Plaintiff's Pretrial Statement. See Paragraph
5, on page 3 of Exhibit A. A copy of Plaintiff s Pretrial Statement is attached hereto as
Exhibit B.
8. Included in the list of guns awarded to Plaintiff by the Master and included on his Pretrial
Statement was a 35 Marlin Deer Riffle.
9. Plaintiff never received 35 Marlin Deer Riffle from Kelso.
10. In an effort to recover the property that supposed to be delivered to Plaintiff pursuant to
the terms of Exhibit A, Plaintiff filed a petition to enforce Property Settlement Agreement
on or about October 22, 2007.
11. On or about January 11, 2008, a hearing was held and testimony given before the
Honorable Judge Ebert.
12. During the January 11th hearing, Defendant admitted possessing the subject 35 Marlin
Deer Riffle.
13. Plaintiff's petition was eventually denied as the Honorable Judge Ebert believed that
Kelsco did not possess the 35 Marlin Deer Riffle and, based in part on Defendant's own
testimony, Defendant was in possession of Marlin Deer Riffle.
14. Defendant provided testimony that the 35 Marlin Deer Riffle was sold to the Defendant
and Defendant's late Husband to obtain "quick cash".
15. The 35 Marlin Deer Riffle is still registered to Plaintiff.
16. Plaintiff did not sell the 35 Marlin Deer Riffle to Defendant or Defendant's late husband.
17. Plaintiff has asked the Defendant to return the 35 Marlin Deer Riffle and Defendant has
been unwilling to do so.
18. Plaintiff, as the registered owner of the 35 Marlin Deer Riffle demands the immediate
return of the 35 Marlin Deer Riffle.
19. As of the date of this Complaint, Defendant continues to improperly and unlawfully
possess the property of Plaintiff in the form of the 35 Marlin Deer Riffle.
WHEREFORE, Plaintiff prays this Court to take whatever actions are reasonably required,
including the entry of judgment against Defendant, along with court costs and counsel fees as
well as the use of the court's contempt powers, or any other remedy that is equitable and just to
enforce Plaintiff s rights.
Respectfully submitted,
LAW OFFICES O . RUSSO, P.C.
Peter J. Russo, Esquire
Attorney I.D. No. 72897
Elizabeth J. Saylor, Esquire
Attorney I.D. No. 200139
Attorneys for Plaintiff
5006 East Trindle Road, Suite 100
Mechanicsburg, 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Date: Wednesday, July 16, 2008
ExhibitA
KEVIN P. KENDIG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05 - 1961 CIVIL
NANCY E. KENDIG, .
Defendant IN DIVORCE
THE MASTER: Today is Wednesday, May 31,
2006. This is the date set for a conference with counsel
and the parties. Present in the hearing room are the
Plaintiff, Kevin P. Kendig, and his counsel Scott A. Stein,.
and the Defendant, Nancy E. Kendig, and her counsel Martha
B. Walker.
The action was commenced by the filing of a
complaint in divorce on April. 18, 2005. The complaint in
divorce raised grounds of irretrievable breakdown of the
marriage and the economic claim of equitable distribution.
With respect to grounds for divorce, counsel are going to
provide the Master today with affidavits of consent and
waivers of notice of intention to request entry of divorce
decree which will be signed by the parties dated today, and
filed by the Master's office with the Prothonotary.
On December 13, 2005, the Defendant filed a
counterclaim raising the additional economic claims of
alimony, alimony pendente lite, and counsel fees and
expenses.
Counsel have advised that after considerable
1
_y
negotiations they are going to place an agreement on the
record. The agreement as placed on the record will be
considered the substantive agreement, subject only to
changes based on typographical errors. It is specifically
noted, however, that the agreement is going to be contingent
on the Defendant. obtaining financing and Defendant will have
two weeks to secure financing. If the financing is not
secured, then the parties will come back and renegotiate the
agreement. It is specifically understood that if the
financing is not able to be obtained, the agreement as
stated on the record will be considered null and void.
If the financing is obtained and the
agreement goes forward as stated, as I previously noted, the
agreement will be considered the substantive agreement of
the parties, not subject to any changes or modifications
except for typographical errors. The parties are going to
return later today to review the agreement for typographical
errors, make any corrections as required, and then sign
affirming the terms of settlement as stated on the record.
If the agreement is not to go forward because
of the failure of wife to obtain financing, the Master will
then simply destroy.the agreement. However, if financing is
obtained in accordance with the terms of the agreement, the
Master will then consider the agreement valid and forward
the agreement to the Court with an order requesting that the
2
Master's appointment be vacated and that the parties be
entitled to obtain a divorce based on the filing of the
affidavits and waivers. Ms. Walker.
MS. WALKER: The-parties, agreement is as
follows:
1. The vehicles have been already equitably divided and
titles exchanged. Those include a 1997 Chevy truck, a 1989
Mercury Cougar, a 1986 Monte Carlo, a 2000 Harley Davidson
Sportster, a 2001 Harley Davidson Wide Glide, and a 1987
Chevy truck.
2. The parties' bank accounts have already been divided
equitably.
3. Husband shall retain 132 shares of Orrstown Bank stock
and his ESOP plan with Sheetz, Inc.
4. Husband shall. be responsible for payment of debt due to
Sovereign Bank and debts for past due phone bills.
5. Husband shall retain all of the guns listed on Page 2
and 3 of his pretrial statement.
6. The parties' children shall retain all of the guns
listed on Page 5 of Plaintiff's pretrial statement.
7. Husband shall retain all of the personal property
listed on Page 12 with the exception of the deacon bench
which the wife shall retain.
8. Husband shall endorse over to the wife immediately upon
receipt an approximate $300.00 for bill board advertising
when it is received in June 2006.
9. The real estate at 74 Kline Road, Shippensburg,
Pennsylvania, shall be transferred to the Defendant
simultaneously with the wife's refinance of a first and
second mortgage to the Farmers Merchants Trust Company and
upon payment of $125,000.00 to the husband.
10. Any remaining farm machinery and equipment, personal
property and items and/or livestock will remain the property
of wife unless it has been specifically identified as
earlier described in the husband's pretrial statement.
3
11. Wife shall pay any costs of refinance.
12. The parties shall submit their consents and waivers to
the Court today; however, the divorce shall not be praeciped
until the agreement is finally approved after the approval
of the mortgage refinancing in two weeks.
13. Wife waives any further right to alimony effective with
the date of the divorce decree, except that any existing
alimony pendente lite arrearages shall continue to be paid
through the Domestic Relations Office through husband's wage
attachment by Domestic Relations until the said alimony
pendente lite arrearages are paid in full.
14. The parties mutually waive any counsel fees and costs.
15. The debts reflected on Page 14 of the wife's pretrial
statement, specifically, the PHFA mortgage, the 2004 real
estate taxes, medical bills, the real estate appraisal cost,
the local income tax, and the American General loan will
continue to be the responsibility for payment of the wife.
16. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or
future laws of any jurisdiction to share in the property or
the estate of the other as a result of the marital
relationship including without limitation, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
MR. STEIN: Mr. Kendig, have you heard the
information related by Ms. Walker regarding the agreement of
the parties?
MR. KENDIG: Yes.
MR. STEIN: Having heard that, do you agree
and accept that as the agreement, along with the contingency
4
that gives her two weeks to obtain the financing?
MR. KENDIG: Yes.
MR. STEIN: Do you understand that if she is
not able- to obtain the financing within the two-week period
that you will come back here and renegotiate a settlement
and the settlement agreement that was just stated on the
record here will be void?
MR. KENDIG: Yes.
MR. STEIN: Do you accept that?
MR. KENDIG: Yes.
MS. WALKER: Nancy, you are Defendant in this
action and you have heard the settlement agreement that I
dictated into the record?
MS. KENDIG: Yes.
MS. WALKER: Is this settlement agreement
understandable to you?
MS. KENDIG: Yes.
MS. WALKER: Is this the settlement agreement
that you want to have entered as an order of court?
MS. KENDIG: Yes
MS. WALKER: And you understand that this
settlement agreement is contingent upon you obtaining
mortgage refinancing and sufficient funds to pay Kevin
$125,000.00 within two weeks of today's date?
MS. KENDIG: Yes.
5
MS. WALKER: Do you also understand that if
that is not accomplished, that we will be back here
attempting to renegotiate another settlement? This
agreement'- that we put on the record will be void?
MS. KENDIG: Yes.
MS: WALKER: And the possibility also still
exists that if we cannot renegotiate another settlement, we
will have a trial?
MS. KENDIG: Yes.
MS. WALKER: Now, understanding all of that,
is that the court order you want the Master to enter today?
MS. KENDIG: Yes, please.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
6
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS: DATE:
t?4en?di A. S ten evg
Attorney for Plaintiff
A tor _v
M xtha B. Wa ker ancy Kend g
for Defendant
7
i
r.r
Exhibit B
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NANCY E. KENDIG, NO. 2005-1961
Defendant
IN DIVORCE
PRE-TRIAL STATEMENT OF DEFENDANT
LAW OFFICES OF PETER J. RUSSO, P.C.
Date of Marriage: September 17, 1983
Date of Separation: March 10, 2005.
Scott A. Stein, Esquire-I.D. No. 81738
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Attorney for Plaintiff
VITAL STATISTICS INFORMATION
Husband, age 44, works for Convenience Leasing as a truck driver. Husband earns
$20.25/hour and is in good health.
Wife, age 44, works as a laborer for N & S Communications. Wife earns $10.00/hour and is
in good health.
Husband and Wife have three children, ages 21, 19, and 17, and currently reside with Wife.
1
(1)(i) MARITAL ASSETS
Item No. Asset Value
1 Real Estate - 74 Kline Road $480,000
Shippensburg, PA 17257 (Husband and Wife)
2 132 Shares, Orrstown Bank Stock $5,742
(Husband and Wife)
3 Farm Machinery and Equipment $15,000
(Husband and Wife) - sold at auction
unknown amount received from sale
4 Sheetz, Employee Stock Ownership Plan $4,356
(Husband) - current value 3/31/06 $6,506.70
5 1997 Chevy Truck (Wife)* $7,000
6 1989 Mercury Cougar (Husband)* $500
7 1986 Monte Carlo (Wife)* $2,000
8 2000 Harley Davidson Sportster (Wife)* $11,500
9 2001 Harley Davidson Wide Glide $15,500
(Husband)
10 1987 Chevy Truck (Husband) $500
11 M & T Bank Checking Account $300
12 PNC Bank Checking Account $188
13 Case 2090 Tractor (Husband and Wife) $8,000
14 Gun - M-17 AK Military Rifle,
Semi-Automatic 20 Round Clip (Husband and Wife)
15 Gun - Remington Golden Eagle,
7mm w/scope 4 x 12 power (Husband and Wife)
16 Gun - Remington 870 Express Magnum
12 gauge, Turkey choke (Husband and Wife)
-0
Valuation Lein
Date
6/9/2005 Yes
3/10/2005 No
3/3/2005
3/31/2005 No
Yes
No
No
No
No
No
3/10/2005 No
3/7/2005 No
3/10/2005 No
2
(1)(i) MARITAL ASSETS
Item No. Asset Value
17 Gun -12-gauge Shotgun, Single Shot
(Husband and Wife)
18 Gun - 22 Marlin Rifle Semi-Automatic
(Husband)
19 Gun -16-gauge Bolt Action Shot Gun
(Husband)
20 Gun - 35 Marlin Deer Rifle with
Bushnel Scope (Husband)
21 Gun - Remington Wingmaster 870,
20-gauge Shotgun with Slug Barrel (Husband)
22 Gun - Remington Wingmaster 870,
Vented Rib 20-gauge Shot Gun (Husband)
23 7-drawer Craftsman Tool Box and
Craftsman Tools (Husband)
Valuation Lein
Date
3
0
Item No. Asset
NONE
MOO NON-MARITAL ASSETS
Value Valuation Lein
Date
C/
(1)(iii) PROPERTY TRANSFERRED
Item No. Asset Value
1 Gun - Remington 280 Stainless with Scope
(Zachary)
2 Gun - Remington 700 7-mm, 0.08 with Scope
(Mitchell)
3 Gun - Remington Sportsman 223 with Scope
Model 78 (Tiara)
4 Chevy Geo Spectrum (Zachary)
Valuation Lein
Date
5
(2) EXPERT WITNESSES
Name: NONE
Address:
(3) OTHER WITNESSES
Name: Kevin Kendig
Address: 120 State Street
York Springs, PA 17372
CID
Short Summary: All issues
(4) EXHIBITS
1 Collection Letter - R.D. Mathewson, P.C.
2 Collection Letters - Regional Adjustment Bureau
3 Collection Letter - Audit Systems Inc.
a. Sprint phone bill
4 Collection Letter - Debt Recovery Solutions, LLC
5 Federal Tax Return 2004
* All exhibits of Defendant
8
Q5 & (6) GROSS INCOME & EXPENSES/ TAX RETURNS/ PAY STUBS
See attached Federal and State Income Tax Return marked as Exhibit 6.
('n PENSION/RETIREMENT BENEFITS
Description Value Marital Portion
Sheetz, Inc., ESOP $4,356 100%
Support for Valuation
10
(8) CLAIM FOR COUNSEL FEES
Amount Basis for Charge Detailed Itemization of Services Rendered
NONE
11
(9) PERSONAL PROPERTY
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Hutch
Chest of drawers w/ mirror (Husband's)
2-boxes of childhood toys, books, etc. (Husband's)
Craftsman 10-inch radial saw
Stihl chain saw (Husband's father's)
Bench grinder
Massie Furgerson tractor 65
8 x 20 flat bed utility trailer
Deacon bench (made by Husband and his father)
Cutting torches w/ cart (Husband's father's)
Gun cabinet (made by Husband and his father)
Pocket watch
Green motorcycle bag
Harley Davidson saddle bags
Jewelry
Deer heads (2)
5-drawer stack-on tool box, full of wrenches
Black motorcycle helmet (DOT)
12
(10) MARITAL DEBTS
Item
No Description Amt at Liability Original Purpose Payments
. Separation Incurred Amount since
Separation.
1 F & M Trust 78,722.00 Wife
mortgage
2 F & M Trust home 11,205.27 1997 Truck Wife
equity loan loan
3 PHFA mortgage 1,886.00 Wife
4 2004 Cumberland 2,406.00 Wife
County real estate
Taxes
5 Medical Bills 275.73 Not paid
6 Real Estate Appraisal 800.00 Wife
7 American General 2,167.99 Not paid
8 Sovereign Bank 2,414,40 Not paid
9 Phone bills 759.38 Not paid
13
(11) PROPOSED RESOLUTION OF ECONOMIC ISSUES
Husband Wife
Orrstown Bank Stock $5,742.00 Farm $480,000.00
Sheetz ESOP. 4,356.00 F & M mortgage (78,722.00)
M & T Bank Checking 301.00 F & M home equity (11,205.00)
Sovereign Bank (2,414.40) PHFA mortgage (1,886.00)
Phone Bills 759.38 2004 real estate tax (2,406.00)
Medical Bills ' (275.73)
Total $ 7,225.22 Real estate appraisal (800.00)
Local income tax (250.00)
American General (2,167.99)
Total $382,287.28
$ 7,225.22
+ 382,287.28
$ 389,512.50 Combined marital estate
x 45% Husband's pct Share
$ 175,280.63
(7,399.00) Husband has
$ 167,881.63 Husband's receives
$ 7,225.22
+ 382,287.28
$ 389,512.50
x 55%
$ 214,231.88 Wife receives
14
EXHIBIT I
o
R.D. MATHEWSON, P .C.
ATTORNEY AT LAW
MEMBER OF PENNSYLVANIA AND NEW JERSEY BARS ONLY
105 NORTH BELMONT AVE.
MARGATE, NEW JERSEY 08402
609-823-2306
609-823-9598 (FAX)
Toll Free No. 866-802-5415
November 30, 2005
KEVIN P. KENDIG
74 KLINE RD.
SHIPPENSBURG, PA. 17257
RE: SOVEREIGN BANK, SUCCESSOR IN INTEREST TO WAYPOINT BANK
ACCT. NO. QW5 BALANCE DUE $2,414.40
SOVEREIGN BANK has retained our firm to collect the above mentioned
consumer debt.
The obligation is due and payable because it was not paid according to its terms.
Unless you notify me within thirty (30) days after receiving this letter that you
dispute the validity of the debt or any portion thereof. I will assume the debt to be valid.
If you notify me in writing within thirty (30) days that the debt or any portion of
it is disputed. I will obtain verification of the debt, and send a copy to you.
Upon written request within thirty (30) days, I will provide you with the name and
address of the original creditor, if different from Sovereign Bank.
Our office has been authorized to accept a settlement or monthly payment
arrangement,, therefore please contact us upon receipt of this letter.
r
I AM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT.
AND AN J'jINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Very tru v our
R.D. M `i igEWSON, P.C.
B ` t
R6, e'ick D. Mathewson
EXHIBIT 2
7000 Goodlett Farms Parkway
N zmphis 'N 38016-4916
ADDRESS SERVICE REQUESTED
t,ate RAB # Ealance
1 Uf 1 U/2005 87085 44 -?
$2167.99
#BWNHRMD 2436784 11633
#1010 2142 00116336# - 8708524-301/69
KEVIN KENDIG
74 Kline Rd
Shippensburg PA 17257-9679
Poll Free
RA 1 1 (00)=8829-7750
regional adjustment bureau Local Residents
A otal Feceit-able Manageme?:t Company (9 01) 3 8 8 7 7 50
REGIONAL ADJ 3STMENT BUREAU, INC.
PO 3oX 3411'1
tvlemphi5 TN 38184-011 i
IIIIUIlilt I,ll„ILIIIJIIIJIIIIIIl
CHECK CARD USING FOP PAYMENT ? ;? Q ? 0
CARD NUM6ER PLUS 3 DIGIT SECURITY CDD?E (on back c? ramr EXP DATE
-Detach Lipper Portion and Return with Payment"'
RE: AMERICAN GENERAL FINANCE INC. HORSE UTI
RAB #: X24
Balance: $2167.99
A SETTLE RI ENT 0FFEIt FOR 1' UU
Please be advised that we are a professional collection agency hired by the above nam:d creditor to assist you in the payment
of your delinquent account.
We have been authorized to offer you the opportunity to settle this account for $867.20 which will represent a 60% savings to
you.
Three easy ways to clear this balance:
1) Send your payment in the enclosed envelope.
2) Call one of our representatives to discuss your account at 1-800-829-7750 or 388-7750 if calling locally.
3) Log on to our website at rabinc.com/payment and pay your account by Check or Credit Card. Follow our easy instructions
and your payment plan can be set up without speaking to anyone.
This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a
debt collector. In the event this debt is paid by check and your bank or financial institutior does not honor the check, we reserve
the right to assess a return check charge based on your state's regulations. Note: $3.50 jer $100.00 will be charged to your
credit card by PayMyBill processing service for using the credit card payment option.
This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.
1ONRABID169
Regional Adjustment Bureau, Inc. • 7000 Goodlett Farrns Parkway - PO Box 34111 , Memphis TN 36016
(800)-829-7750 • (901) 388-7750
Office Hours: 7:00 AM - 9:00 PM Monday-Friday, 7.00 AM - 12: ?0 Noon Saturday
7000 Goodlett Farms Parkway
Memphis TN 35016-4916
ADDRESS SERVICE REQUESTED
G, i o
RA Toll Free
(800829-7750
regiOlnal adjustment bureau Luca- Residents
A Tcl at f eceivable Management C (s 0 1 ) 388-7750
ompany
_ _Date _ _RAB# Balance
9/19/2005 8708524 $2167.99
#BWNI-IRMD 969534 81859
#0919 2016 0081 8599# _8708524-301/65
IIItill I11.111111111111111III II IIIII III iI IIIIIIII itIII11IIIIIII
KEVIN KENDIG
74 Kline Rd
Shippensburg PA 17257-9679
-Detach Upper Portion and Return with Payment
REGIONAL ADJUSTMENT BUREAU, INC.
PO Box 34111
Memphis TN 38184-0111
IIIIlllllllnlllillinlnilinnnIII 11Iin1IInlIllul[toIM
CHECK CARD US114G FOR PAYMENT ? I] o®? `
vat
CARD NUMBER PLUS 3 DIGIT SECURITY CODE (,, LTCk .d caidi EXP D.TF
RE: AMERICAN GENERAL FINANCE HORSE UTI
RAB #: x524
Balance: $2167.99
I? A SE'r"i'LE6IENT OFFE 11 FOR Y O U
S
Please be advised that we are a professional collection agency hired by the above named creditor to assist you in the payment
of your delinquent account.
We have been authorized to offer you the opportunity to settle this account for $1084.00 which will represent a 50% savings to
you.
Three easy ways to clear this balance:
1) Send your payment in the enclosed envelope.
2) Call one of our representatives to discuss your account at 1-800-829-7750 or (901) 388-7750 if calling locally.
3) Log on to our website at rabinc.com/payment and pay your account by Check or Credit Card. Follow Our easy instructions
and your payment plan can be set up without speaking to anyone.
This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a
debt collector. In the event this debt is paid by check and your bank or financial institution does not honor the check, we reserve
the right to assess a return check charge based on your state's regulations. Note: $3.50 per $100.00 will be charged to your
credit card by PayMyBill processing service for using the credit card payment option.
This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.
1 oNRAB10165
Regional Adjustment Bureau, Inc. • 7000 Goodlett Farms Parkway • PO Box 34111 • Memphis TN 38016
(800)-829-7750 • (901) 388-7750
Office Hours: 7.00 AM - 9:00 PM Monday-Friday. 7:00 AM - 12.00 Noon Saturday
4
EXHIBIT 3
D
% t III It'll ,HI la t. •Sllll(' ;LNi
t?
Phone: (7/27) 571-1 945
Toll Flee: {8(16).761-2178
2 1.-) - 15( ) !I,-; 1
North Carolina Department of
Insurance Permit Number 3239
Id-'VI\ l'
120 OLD l :ti liOl °tl : 15
YOM' 5I'Rl\(;S 1'.\ 173124)ti(14
1)itll': I?la lii 2Ot)(i
DI W: $ 174.
(;r?•(!i(ctr: SI'I?I\"1' "I'1?1-1:1'1 IU\1?
Cli(`tll #: fS8924
The above referenced account has been sent to our office for collection. This reminder is being sent in
iiupES that liayllient will be niade in the enclosed envelope by return mail.
If the account is outstanding due to a billing error or other problem, please contact one of our service
representatives at 1-566-761-2173 during business hours of 5:30 A.M. thru 9 P.Aj., Monday thru Thursday
and 5:00 AM thru 4:30 PM, Friday' and Saturday. Please contact us as soon as possible in order that the
matter can be resolved.
This coniniunication is from a debt collector. This is an attempt to collect a debt, any information obtained
1vill be used for that purpose.
For important information concerning your rights, see reverse.
-------------- -----------------------
?f ff?l 1-If1;Ifl.ih:INNIII1.:;iNfI:I1NMI:IMNLJ7a9 7_::\l'6f_Jn:diil'ase Return This Po rtiiill 11'1111 ""our
.`?ii?'"" a, - - - - - - -- - - -
?.? _15
21:1 15()M, I
KEVIN 1-1
I?l:\UIC?
120 (.A-1) L'S ROL11 1
Y( M\- S1'IZI\(;'S 1'.1 1 :) 1249604
Dill(:': 1-1 1> 1 (i .?OO(i
Bidiuic( Di. 1(,: S 17 4.-76
Clv liI v: 51'1UN I- -I.1 I-I ,I 'I IO\1
(Make sure address sho«'s through iiindoic)
AUDIT SYSTEM'S INCORPORATED
1'.0. BOX 1 7,229
00 28841367327887 00000000017476 000/7476 0000003
h1onth d3tement: January 4, 2006 1 of
.,V r
Customer service Internet address Customer number
1-800-829-8009 sprint.coni/local 717-532-3706-283
Previous charges 174.76
Payment 00
°?st aue balance
174.76
Total charges due: $174.76
Past due amount - Please pay ilnmedialely
°le6 ;? recycle.
- ?,:rrrrrn ,
Please return this portion with payment.
Customer service Internet address Customer number
1-800-829-8009 sprint.com/local 717-532-3706-283
Please pay past due arnount of
$174.76 immediately.
Total amount due: S174 76
IIIIIIIIIIII IIIIIIIIIII II III IIII III111111111111111IIII11111111
y -1-"11"-AUT01'' 3-DIGIT 173
00022071 01 AT 0.292 01 63
KEVIN P KENDIG
120 OLD US ROUTE 15
YORK SPRINGS PA 17372-9604
Amount enclosed:
t,.i, '°•friF I-f?a'r:.'n„ya. .., ?..ylip•O?y ??.prl..
Make checks payable to:
Sprint
PO Box 740463
Cincinnati OH 45274-0463
(11111111111111111111111111111111111,111111111111111
12 71753237062836 00000000000090 000174765 0603503
Montt> ratement: January 4, 2006
,V 3 of
Customer servire Internet address
1-800-829-8009 sprint.corn/local Customer number
717-532-3706-283
LS End Section Tad
t - see page 2 for explanation
f-,
c
EXHIBIT 4
t* 3
900 MERCHANTS CONCOURSE. SUITE 106
Decelitber 29. 2005 WESTBURY. NEW YORK 115')0-51 14
(5 16) "8-711!) / 1-X100-807--1109
KEVIN P KENDIG Balance Due :.$584
2
('
74 Kline Road .
Settlement Of1cr : $15(1
78
Shippensburg. PA 17257 .
Original Creditor : SPRINT
Acc0i1110 10071732 3706282
WE BELIEVE EVERYTHING IS POSSIBLE
WE HONESTLY DO
We believe that if We offer Vou a settleTtent just before the beginning of the Holiday Season, Vou N% III look at this
settlement proposal as a Holidav Gift - - One that Vou just can't afford to ignore.
We are the owier of this account and until 01/29/06. Ave agree to accept $350.78 as filll and final pa} merit of the
account identified above. Just think of it - - Von can spend this sayings on gifts for our fantil? and friends. B}r taking
advantage of this offer. A ou can save $233.84 and ue Will tell the major credit reporting agencies and any credit
grantor that may inquire that this account has been settled and no further balance is due.
We have done ever thing ive can to make your Holiday Season a little brighter - - the rest is nosy up to v ou.
John Donnell. Recovery Specialist (866) 612-0302
(Nicii-Thor 9:00 A.M. -10:00 P.M., Fri 9:00 A.M.-3:30 P.M. & Sat 9:00 A.Nl.-1:30 P.M.EST)
rAhIq
ACA
INILM NA r1fINAt
.rnJ I'nll.: f r.•I, r'f..l? _. r...•.r b
This is an a0empl to collecl a deb(and any information obtained will be used for that purpose. This communication is fr
deb( collector. oma
NOTICE:
4?- See Reverse Side for Important lufornlatioi?.
- - Detach and return with Payment ---------- -------- ---------__
- ------------------------------
Flease check here if there is a new phone number or address and provide the information on the reverse side.
PO Box 1027 Statement Of ACCOLIM
Oat`s. PA 19456
IIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIII Balance Due : $;8-}.62
Settlement Offer : $.; 50.78
ACC01.1111# 100717i323700282
C#D I EXPPATIM DATE
CARDHOLDER NAME
AMOUNT
BILLING ADDRESS - $
KE\'IN P KENDIG
74 Kline Road
Shippensburg. PA 17217
If you wish to ply by Visa or Mc complete this infornnttion
IIIII III Illllllllill II IIIIIIIII III
DEBT RECOVERY SOLUTIONS. LLC
P.O. BOX 9001
NVESTBUR)"_ NEW PORK I 1590-9()() 1
l???II??JLI?LLI??IL??IIIf?II?ffIIeIII?fIIII????f?IL?ll?l
r?
EXHIBIT 5
LL
1040
Label L
(see A
instructions) E
L
Use the IRS H
label. E
Otherwise R
pleaseprinl E
or type.
Presidential
Election (See inst.)
Campaign
Filing Status 1
Check only
z
one bor.
3
Department of the Treasury-rnal Revenue Service
U.S. Individual Income Tax Return 2004.
Forth e year Jan 1-Dec. 31, 2004, or other tax year beginning tgl
2004, ending
Kevin
Nancy
P Kendig
E Kendig
74 Kline Road
I nut wnte or sta le ii ace.
OMB No. 1545-0074
Your social security number
??3 4
Spouse's social security number
r
4
Shippensburg, PA 17257 I opm?ustenter
Note. Checking Yes" will not change your tax or reduce your refund. your SSN(s) above
Do you, or your spouse if filling a joint return, want $3 to go to this fund? You Spouse
Single 1111, Yes No Yes No
4 Head of household (with qualifying person). (See inst.) If the
ti Married filing jointly (even if only one had income) qualifying person is a child but not your dependent, enter this
Married filing separately. child's name here. ?
Enter spouse's SSN above and full name 5 a Qualifying widow(er) with dependent child. (See inst.)
here. ?
Exemptions 6a Yourself. If someone can claim you as a dependent, do not check box sa
If more than four b Souse . .
dependents, Dependents: (2) Dependent's (3) Dependent's (4) ?
see instructions. (1) First name Last name social security number
relationship to ?'in c
Tiara Ke
d
income
Attach Forms
W-2 here. Also
attach Form(s)
W-2G and
1099-R If tax
was withheld.
If you did not
get a W-2,
see instructions
Enclose, but do
not attach, any
payment. Also,
please use
Form 1040-V.
(see instructions)
Adjusted
Gross
Income
f Wages, salaries, tips, etc. Attach Form(s) W-2
8a Taxable interest. Attach Schedule B if required .
b Tax-exempt interest Do not include on line 8a , , , 18b
9a Ordinary dividends. Attach Schedule B if required . ,
b Qualified dividends (see instructions) 19b
10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions.)
11 Alimony received . . . , , , ,
12 Business income or (loss). Attach Schedule C or C-EZ
13 Capital gain or (loss). Attach Schedule D if required. If not required, check here ? F1
14 Other gains or (losses). Attach Form 4797
15a IRA distributions 15a b Taxable amount (see inst.)
16a Pensions and annuities 16a b Taxable amount (see 17 Rental real estate, royalties, partnership, S corporations, trusts, tc. Attach Schedule IEst.)
18 Farm income or (loss). Attach Schedule F ,
19 Unemployment compensation , , , ,
20a Social security benefits [20al I b Taxable amount (see inst.)
21 Other income.
List type 8 amount.
22 Add the amounts in the far right column for lines 7 through 21. This is your total Income
23 Educator expenses (see instructions) 23
24 Certain business expenses of reservists, performing artists, and
free-basis government officials. Attach Form 2106 or 2106-EZ 24
25 IRA deduction (see instructions). . . . . . . 25
26 . .
Student loan interest deduction (see instructions) , . , 26
27 Tuition and fees deduction (see instructions) . . . . 27
28 Health savings account deduction. Attach Form 8889 28
29 Moving expenses. Attach Form 3903 , , , 29
30 • ,
One-half of self-employment tax. Attach Schedule SE 30
31 Self-employed health insurance deduction (see instructions) 31
32 Self-employed SEP, SIMPLE, and qualified plans 32
33 Penalty on early withdrawal of savings . . . . . . . 33
34a Alimony paid b Recipient's SSN ? 34a
35 Add lines 23 through 34a ,
36 Subtract line 35 from line 22. This is your adjusted gross Income .
For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. Cat No. 113206
-70-7938 aughter
0
Boxes checked 2
on 6a and 6b .
No. of children
if uali-
d on 6c who:
' li
d with
1
hil
for ve
y ,
axcredit ? did not live
with you due
to divorce
or separation
(see lost.)
Dependents
on 6c not
entered above
Add numbers
on lines
I I
above ?
7
8a
59,006.
9a l 64.
10
11
12
13
14
15b
16b
17 -335 .
18 -8,655.
19
20b
21
22 150, 080 .
35
® 36
0.
5U, udu .
Form 1040 (2004)
• Form 1040 (2004)
P Kendi
Tax and 37 Amount from line 36 (adjust gross income) r
Credits
Standard
D
d 38 a Check if: a You were born before Souse was born before
a
January 2,1940 0B4nd; January 2, 1940, Blind.
Add the number of boxes checked above and enter th
t
l h
e
UCtlOn
f e
ota
ere
0
® 38a
b If your spouse itemizes on a separate return or
or
--
T P you were a dual-status alien,
see instructions and check here ? 38b n
eople who
checked any 39 Itemized deductions (from Schedule A) or your standard deduction (see left margin)
box on line 40 Subtract line 39 from line 37
36a or 38b or
who can be 41 If line 37 is $107,025 or less, multiply $3,100 by the total number of exemptions claimed on
claimed as a
dependent line 6d. If line 37 is over $107,025, see worksheet in the instructions .
,
see inst. 42 Taxable Income. Subtract line 41 from line 40. If line 41 is more than line 40 en t er
a All others
Single or
Married filing
separately,
$4,850
Married
filingq
jo4yor
Qualifying
widow(er,
$9.700
Head of
household.
$7,150
43 -0-
Tax (see Instructions). Check if any tax is from: a0 Form(s) 8814 ba Form 4972
44 Alternative minimum tax (see Instructions). Attach Form 6251 • . . . . . ,
45 Add lines 43 and 44
46 Foreign tax credit. Attach Form 1116 if required 46
47 Credit for child and dependent care expenses. Attach Form 2441 47
48 Credit for the elderly or the disabled. Attach Schedule R 48
49 Education credits. Attach Form 8863 . . . . . . . . . . 49
50 Retirement savings contributions credit. Attach Form 8880 50
51
52 Child tax credit (see page 40) .. .. . . . . . 51 1 '000.
Adoption credit. Attach Form 8839 • • • . . . . . . • 52
53 Credit from: a 0 Form 8396 b Form 8859 53
54 Other credits. Check applicable box(es): a
8 Form 3800
b0 Form 8801 ' CO Specify 54
55 Add lines 46 through 54. These are your total credits ,
56 Subtract line 55 from line 45. If line 55 is more than line 45
enter - 0-
, . • , , • • • . .
-1-11 lpluynlent tax. Hrtacn schedule SE
Taxes 58 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137
59 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required
60 Advance earned income credit payments from Form(s) W-2 . .
61 Household employment taxes. Attach Schedule H . . . . . . . . . . . . . . . .
62 Add lines 56 throw h 61. This is our total tax
Payments 63 Federal income tax withheld from Forms W-2 and 1099 . 63 5
1
64 2004 estimated tax payments & amt. applied from 2003 return
If you have a 64 ,
qualifying 65a Earned Income credit (EIC
)
65a
child, attach b Nontaxable combat pay election 65a
Schedule EIC. 66 Excess social security and tier 1 RRTA tax withheld (See inst.) 66 .
67 Additional child tax credit. Attach Form 8812 . . . , . . 67
68 Anmount paid with request for extension to file (see Instructions) 68
69 Other payments from: a0 Form 2439 boForm 4136 Co Form 8885 69
70 Add lines 63, 64, 65a, and 66 through 69. These are your total payments
Refund 71 If line 70 is more than line 62, subtract line 62 from line 70. This is the amount you overpaid
Direct deposit? 72 a Amount of line 71 you want refunded to you
See Instructions
Instructions
and fill
72 ? b Routing no. ? C Type: Checking Savings
72c, and 72d. ? d Account no.
73 Amt. of line 71 you want applied to your 2005 estimated to i, 73
Amount
You Owe
Third Part
Designee
Sign
Here
Joint return?
See Instructions
Keep a copy for
your records.
Paid
Preparer's
Use Only
? 172a
x
Amount you owe. Subtract line 70 from line 62. For details on how to pay, see instructions ? 74
74
75
Estimated tax penalty (see instructions) 175
Do you want to allow another person to discuss this return with time IRS (see instructions)?
Designee's Phone
name ?PREPARER no. ?
5, 121
2, 175.
2, 175.
No
?_ N= an cs of penury, i declare ihatl have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief,
belief, they are true, correct, and complete. Declaration or preparer(other than taxpayer) is based on all information of which the preparer has any knowledge.
Your signature Date 'Your occupation
Daytime phone number
3/16/20051abor&farmi -
Spouse's sign=1fa turn, b oth must sign. Date Spouse's occupation
3/16/2005 urse
Preparer's /Ruth Ann Mooney Date Check if self- Preparers SSN/PTIN
signature 0 3/ 1 6/ 2 0 0 5 employed 176-44-2251
Firm's name (or yours Mooney s Tax SeT V1Ce EE EIN
if self-employed), 1250 Baltimore Rd
address, and ZIP code Phone no.
Shi ensbur PA E7722 717-532-3446
410402 Copyright TAxSIMPLE JYA Form 1040 (2004)
Kevin
41 9, 300.
r
55
42 31 , 080.
43 3,946.
44
45 3 946.
56
57
58
59
60
61
111,. 1 62
70
1 000
,.
2,946.
1tLJ Yes. Complete the followi
Personal hr ir10nt1tlCatlOn I
number (PIN)
SCHEDULE F
(Form 1040)
Department of the Treasury
Interral Revenue Service
?rofit or Loss From Farming 0
? Attach to Form 1040, Form 1041, Form 1065, or Form 1065-B.
? See Instructions for Schedule F
1
name of proprietor
Kevin P Kendig
T-- I
A Frlnclpal product. Describe in one or two words your principal crop or activity for the current tax year
grains
OMB No. 1545-0074
2004
Attachment
Sequence No. 14
Social security number (SSN)
B Enter n4
Part ? IV ~
f?215
L Accounting method: (.1) ? Cash (2) 0 Accrual D Employer ID no. (EIN), If any
E Did you "materially participate,, in the operation of this business during 2004? li "No," see instructions for limit on passive losses
. Yes No
Farm Income -- Cash Method, Complete Parts I & 11 (Accrual method tax
payers complete Parts II & III, & line t 1
of Part I.) Do not Include sales of livestock held for draft, breeding
sport
or dair
u
,
,
y p
rposes; rep
1 Sales of livestock and other items you bought for resale . . . . . , . 1 ort these sales on Form 4797,
2 Cost or other basis of livestock and other items reported on line 1 2
3 Subtract line 2 from line 1
4 Sales of livestock, produce, grains, and other products you raised . . . . . . . . , • • 3
4 .
5a Total cooperative distributions (Form(s) 1099-PATRJ 5a 5b Taxable amount 5,208 8.
513
6a Agricultural program payments (see instructions) 6a 56. 6b Taxable amount 6b
56
7 Commodity Credit Corporation (CCC) loans (see instructions): .
a CCC loans reported under election
b CCC loans forfeited . . . . . . . . 7b 7c Taxable amount 7a
7c
8 Ctop insurance proceeds and certain disaster payments (see instructions):
a Amount received in 2004 . , . . . . . . . 8a 8b Taxable amount 8b
c if election to defer to 2005 is attached, check here ? 8d Amount deferred from 2003 8d
9 Custom hire (machine work) income
10 Other income, including Federal and state gasoline or fuel tax credit or refund (see instructions) • • . . . 9
1 Q
11 Gross Income. Add amounts in the right column for lines 3 through 10. I) accrual method taxpayer, enter
the amount from page 2, line 51. • • . . . . . . . . . . . . . . . . . . . . . . . ?
Farm Expenses -- Cash and Accrual Meth
d 11 5, 264
.
o
. Do not include personal or living expenses such as taxes, insurance
repairs, etc., on your home. ,
12 Car and truck expenses (see 25 Pension and profit-sharing
inst. -- also attach Form 456;4 12 plans 25
13 Chemicals • • . . . . . . 13 26 Rent or lease (see instructions):
14 Conservation expenses a Vehicles, machinery, and
(see instructions). • • . . . . 14 equipment • . • . . • • • 26a
15 Custom hire (machine work) 15 b Other (land, animals, etc.) • • • 26b
16 Depreciation and section 179 27 Repairs and maintenance . . . 27 355
w expense deduction not claimed 28 Seeds and plants purchased .
2$
elsewhere (see instructions) 16 6,830. 29 Storage and warehousing 29
17 Employee benefit programs 30 Supplies purchased • • • • • 30
other than on line 25 . . . . 17 31 Taxes • • • • . . . . .
200
31 1
18 Feed purchased • . . . . . 18
32 Utilities ,
.
32 755 5
19 Fertilizers and lime . . . . , 19 33 Veterinary, breeding
& medicine .
33
,
20 Freight and trucking . . . . . 20 1,904. 34 Other expenses (specify):
21 Gasoline, fuel, and oil 21
600. a
34a
22 Insurance (other than health) 22 775. b 34b
23 interest: ; C 34C
a Mortgage (paid to banks, etc.) 23a 1 , 500. d 34d
b Other . . . . . . . . .. 23b a
24 Labor hiredpess employment credits) 24 f 34e
34f
35 Total expenses. Add lines 12 through 341 . . . . . . . ® 35 1 3 , 9 19
.
36 Net farm profit or (loss). Subtract line 35 from line 11. If a profit, enter on Form 1040, line 18, and also
on Schedule SE, line 1. If a loss, you must go on to line 37 (estates, trusts, and partnerships, see instructions) J37aAll -8, 655.
37 If you have a loss, you must check the box that describes your investment in this activity (see instructtns). investment is at risk.
• It you checked 37a, enter the loss on Form 1040, line 18, and also on Schedule SE, line 1. ome investment is
• 11 you checked 37b, you must attach Form 6196. not at risk.
For Paperwork Reduction Act Notice, see Form 1040 Instructions. Cat. No. 11346H Schedule F (Form 1040) 2004
4F1 Copyright TAXSIMPLE JYA
0 C1,1reciation'
and Amortiz
ti
a
on
Form,4562
- OMB No. 1
545-0172
(including Information on Listed Property)
De
f th
artm
nt
T 2004
p
e
o
e
reasury
Internal Revenue Service ? See separate instructions. 9? Attach to your tax return Attachment
.
Name(s) shown on return
Business or activity to which this form relates
Kevin P Kendi Sequence No. 67
Identltying number
dairy
Part::l Election To Expense certain Property under section 179 NOW 3 4
Note: If you have any listed property, complete Part V before you cornplele Pall I
.
1 Maximum amount. See page 2 of the instructions for a higher limit for certain businesses
1
2 Total cost o1 section 179 property placed-in service (see page 3 of the instructions) $102,000
3 Threshold cost of section 179 property before reduction in limitation 2
4 Reduction in limitation. Subtract line 3 from line 2. If zero or less
enter -0- 3 $410,000
,
5 Dollar limitation for tax year. Subtract line 4 from line 1. If zero or less, enter -0-. II married filin 4
g
separately, see page 3 of the instructions
(a) Description of property 5 102 , 000
(b) COST (business use only) (C) Elected cost
6
7 Listed property. Enter amount from line 29
T
8 Total elected cost of section 179 property. Add amounts in column (c)
lines 6 and 7
,
9 Tentative deduction. Enter the smaller of line 5 or line a S
10 Carryover of disallowed deduction from line 13 of your 2003 Form 4562 9
11 Business income limitation. Enter the smaller of business income (not less than zero) or line 5 (see instructions)
12 Section 179 expense deduction. Add lines 9 and 10
b
t d 11
,
u
o not enter more than line 11
13 Carryover of disallowed deduction to 2005. Add lines 9 and 10
less line 12 13 12
0 '
,
Note: Do not use Part If or Part III below for listed operty Instead, use Part V
.
Part: tV Special Depreciation Allowance and Other Depreciation (Do not include listed property.)
14 Special depreciation allowance for qualified
ro
e
t
h
p
p
r
y (ot
er than listed property) placed in service during
the tax year (see page 3 of the instructions)
15 Property subject to section 168(f)(1) election (see
a
4
f
h 14
p
ge
o
t
e instructions) ,
16 Other depreciation (including ACRS) (see page 4 of the instructions) 15
,
Parf: Jtl MACRS De re -lation (Do not include listed property.) (See page 5 of the instructions) 16
Section A
17 MACRS deductions for assets placed in service in lax years beginning before 2004
18 II you are electing under section 168(1)(4) to group any assets placed in service during the tax year into 17
one or more general asset accounts, check here
Section B --
Assets Placed in Service During 2004 Tax YE?ar I lcinn.ir,e r,..... _..r r?_
(a) Classification of property
19a 3-year property
(b) Monj
ear
y p
to ser
jj; ciatio
nt use
ions - - -
(d) Recovery
period o ... • r
(e)
Conven tion .r ur
"VjJIc
(1] Method
saauVl1 -oystern
(g) Depreciation
deduction
b 5-
ear
y
property
C 7-year property
d 10-year property
e 15-year property
f 20-year property
q
2
25-year property
h Residential rental
- 25 yrs. S/L
property 27.5 yrs. MM S/L
Nonresidential real
27
.5 yrs.
MM S/L
property 39 yrs. MM SrL .
Section r -- Aciznfa otpI -a i- e,.-.: __ MM S/L
- III '.ICIVR.t; uunng zVV4 lax Year Using the Alternative Depreciation
20 a Class life Q _ preciation
S/L
b 12-year 12 yrs. S/L
C 40-year 40 yrs. MM S/L
Part JV Summary (See page 7 of the instructions.)
21 Listed property. Enter amount from line 28
22 Total. Add amounts from line 12, lines 14 through 17, lines 19 and 20 in column (g), and line 21. Enter hpre and 21
on the appropriate lines of your return. Partnership and S corporations -- see instructions , 22
23 For assets shown above and placed in service during the current year, enter the
portion of the basis attributable to section 263A costs 2For Paperwork Reduction Act Notice, see the Instructions. Cal. No. 12906N 445621 Copyright TAXSIMPLE J'r
830.
6,830.
A Form 4562 (2004)
evin P Kendifc
Form 4552 (2004) (. G 34
Part V Listed Property (Include automobiles, certain other vehicles, cellular telephones, certain computers, and property used for
enlertainment, recreation, or amusement.)
32
Note: For any vehicle for which you are using the standard mileage rate or deducting lease expense, complete only 24a, 24b, columns
(a) through (c) of Section A, all of Section B. and Section C if applicable.
Section A - Depreciation and Other Information Caution: See pa e 8 of the instructions for limits Ior passen er automobiles.
24a Do you have evidence to support business/investment use claimed? Yes No 24b If "Yes," is the evidence written? Yes No
(a) (b) (c) Busn./ e
Date investment
Type of property Cost)or Basis for depreciation o (g) eci ct
(list vehicles first placed in use Recovery Method/ De rciatin Elected
) other basis (busninesslinvesfrnent p
service' percentage use only) Period Convention deduction section 179
25 Special depreciation allowance for qualified listed property placed in service during the tax year cost
.777777.
and used more than 50% in a qualified business use (see page 8 of the instructions) 25
26 Property used more than 50% in a qualified business use (see page 8 of the instructions): f y
ATTACHMEN ARIOUS °i 137649. 137649.
6,8
30.
27 Property used 50% or less in a qualified business use (see page Q of the instructions):
?
?
% S/L-
28 Add amounts in column (h), lines 25 through 27. Enter here and on line 21, page 1, ,
29 Add amounts in column (i), line. 26. Enter here and on line 7, page 1 28 !
29 0.
Section B - Information on Use of Vehicles
Complete this section for vehicles used by a sole proprietor, partner, or other "more than 5%"owner," or related person. 11 you provided vehicles to
your employees, first answer the questions in Section C to see if you meet an exception to completing this section for those vehicles.
30 Total business/investment miles driven
(a) (b) (c) (d) (e)
during the year (do not include commuting Vehicle 1 Vehicle 2 Vehicle 3 Vehicle 4 Vehicle 5 Vehicle 6
miles -- see page 2 of the instructions)
31 Total commuting miles driven during year
32 Total other personal (noncommuting)
miles driven
33 Total miles driven during the year. Add
lines 30 through 32 ,
F
34 Was the vehicle available for personal use Yes No Yes No Yes No Yes No Yes No
Yes No
during off-duty hours? ,
35 Was the vehicle used primarily by a more
than 5% owner or related person?
36 Is another vehicle available for personal
use?
b
Section C - Questions for Employers Who Provide Vehicles for Use by Their Employees
Answer these questions to determine if you meet an exception to completing Section B for vehicles used by employees who are not
more than 5,° owners or related persons (see page 10 of the instructions).
37 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, by your
employees? Yes No
38 Do you maintain a written policy statement that prohibits personal use of vehicles, except commuting, by your employees?
See page 10 of the instructions for vehicles used by corporate officers, directors, or 1% or more owners.
39 Do you treat all use of vehicles by employees as personal use?. . .
40 Do you provide more than five vehicles to your employees, obtain information from your employees about the use of the
vehicles, and retain the information received? .
41 Do you meet the requirements concerning qualified automobile demonstration use? (See the instructions.) .
Note: If your answer to 37, 38, 39, 40, or 41 is "Yes," do not complete Section B for the covered vehicles.
Raart Vl Amortization
(a) (b) (c) (d) (e) M
Description of costs Date amortization Amortizable Code Amortization
begins amount period or Amortization
section percentage for this year
42 Amonizalion of costs that begins during your 2004 tax year (see page 11 of the instructions):
43 Amortization bf costs that began before your 2004 tax year , , , , .
44 Total. Add amounts in column (f). See the instructions for where to report 43
44 0.
445622 Copyright TAXSIMPLE JYA Form 4562 (2004)
LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff
BY: PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
5006 East Trindle Road, Suite 100
Mechanicsburg, 17050
PH: (717) 591-1755
R. (717) 591-1756
prusso@pjrlaw.com
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BETTY KELSO, c NO.
Defendant
TRIAL BY JURY DEMANDED
VERIFICATION
I, Kevin Kendig verify that the statements made in the forgoing document are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.
§ 4904 relating to unsworn falsification to authorities..
j_ Or
Dated:
Kevin Ken ig
93
r?,.a
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04558 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KENDIG KEVIN
VS
KELSO BETTY
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KELSO BETTY the
DEFENDANT , at 0013:10 HOURS, on the 2nd day of August 2008
at 906 MUD LEVEL ROAD
SHIPPENSBURG, PA 17257
by handing to
BETTY KELSO DEFENDANT
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 18.00
Service 19.00
Affidavit .00
Surcharge 10.00
Postage .42
8jeg/ 0S ;^ 47.42
So Answers:
R. Thomas Kline
08/04/2008
PETER RU
Sworn and Subscibed to By:
before me this day
of , A.D.
O
R
LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: prusso@pjrlaw.com
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
BETTY KELSO, NO. 084558
Defendant
: TRIAL BY JURY DEMANDED
TO: BETTY KELSO
DATE OF NOTICE: AUGUST 26, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
1-800-990-9108
a
THE LAW OFFICE OF PETER J. RUSSO, P.C.
Peter J. Russo, Esquire
Attorney I.D. No. 72897
Elizabeth J. Saylor, Esquire
Attorney I.D. No. 20013
Attorneys for Defendant
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: prusso@pjrlaw.com
KEVIN KENDIG : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
BETTY KELSO, NO. 084558
Defendant
: TRIAL BY JURY DEMANDED
CERTIFICATE OF SERVICE
I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the Notice
of Default Judgment upon the person(s) and in the manner indicated below:
US Mail addressed as follows:
Betty Kelso
906 Mud Level Road
Shippensburg, PA 17257
S
Date: aco
0_
Ashley R. ' e, Parale 1
r.?
a
u
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Kevin Kendig
Plaintiff
VS.
Betty Kelso
Defendant
No. 08-4558 Civil Term
Civil Action- Law
:Trial by Jury Demanded
ANSWER
Now comes the Defendant, Betty Kelso, and sets forth the following Answer to
the complaint of Kevin Kendig:
1.
Admitted
2.
Admitted
3.
Admitted, however the correct spelling is Kelso not Kelsco.
4.
Denied, Defendant does not know the date of filing however, Exhibit A of the
Plaintiffs complaint states that it is April 18, 2005 not April 15, 2005.
5.
Admitted, however Defendant notes that the correct spelling is Kelso not Kelsco.
6.
Admitted
7.
Admitted
8.
Admitted
9.
Admitted
10.
Admitted
11.
Admitted
12.
Admitted
13.
Denied, after reasonable investigation the Defendant is without sufficient knowledge or
information to form a belief as to the truth of the matter averred.
14.
Denied, Defendant believes and therefore avers that the rifle was sold to her
husband for cash which Plaintiff used to purchase a television antenna. The rifle was
therefore tangible property in the estate of her husband.
15.
Denied, after reasonable investigation Defendant is without sufficient information
or knowledge to form a belief as to the truth of the matter averred. Defendant further
answers that it was her belief that rifles are not registered after sale.
16.
Denied, the rifle was sold by Kevin Kendig to Carl Kelso.
17.
Denied, the Plaintiff has never asked the Defendant to return the rifle to him.
Plaintiff is aware that (as he had done on many occasions) money was borrowed or
accepted from Carl Kelso for which he exchanged the rifle.
18.
Denied, the owner of the rifle is Betty Kelso through the Estate of Carl Kelso.
However, it is her belief that the gun was taken to the Pennsylvania State Police
Barracks at Carlisle, Pennsylvania to be returned to Kevin Kendig.
19.
Denied, Betty Kelso is the owner of the gun. However, it is her belief that the
gun was taken to the Pennsylvania State Police Barracks at Carlisle, Pennsylvania to be
returned to Kevin Kendig.
WHEREFORE, Defendant prays your Honorable Court enter an order dismissing
the complaint filed in t his case.
Respectfully submitted,
C-?\
H. Anthony Adams, Esquire
Attorney for Defendant
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
VERIFICATION
I verify that the statements made in this answer 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.
Date:t--j3W J -
BETTY KE 0
co
Q
r
LAW OFFICES OF PETER J. RUSSO, P.C.
PETER J. RUSSO, ESQUIRE
ATTORNEYS FOR PLAINTIFF
5006 EAST TRINDLE ROAD, SUITE 100
MECHANICSBURG, PA 17050
(717) 591-1755 - PHONE
(717) 591-1756 - FAX
KEVIN KENDIG
Plaintiff
V.
BETTY KELSO,
Defendant
IN THE COURT i
CUMBERLAND
CIVIL ACTION -
NO. 08-4558
TRIAL BY JURY
TO THE PROTHONOTARY:
' COMMON PLEAS OF
)LINTY, PENNSYLVANIA
W
Please mark the above-captioned action, includini any and all claims as dismissed
and settled.
LAW OFFICES OFT
Peter J. Russo, Esqu
Attorney I.D. No. 728
Attorneys for Plaintiff
5006 East Trindle Ro
Mechanicsburg, 1705
Telephone: (717) 59,
Facsimile: (717) 591
J. RUSSO, P.C.
, Suite 100
-1755
1756
Date: Tuesday, December 16, 2008
4 ?
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
5006 East Trindle Road, Suite 100
Mechanicsburg, 17050
PH: (717) 591-1755
F: (717) 591-1756
prusso@pjrlaw.com
KEVIN KENDIG
Plaintiff
V.
BETTY KELSO,
Defendant
: IN THE COURT
: CUMBERLAND
CIVIL ACTION -
NO. 08-4558
TRIAL BY JURY
Attorneys for Plaintiff
COMMON PLEAS OF
LINTY, PENNSYLVANIA
DEMANDED
I hereby certify that on Id, I lLQ 1 CUB, I have Iserved a true and correct copy
of the foregoing document upon the following person, in the manner indicated:
FIRST CLASS MAIL
H. Anthony Adams, Esquire
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
THE LAW OFFICE
Attorneys for Plainti
BY: ( LOW ? 0 , , 'L
Ashley R Sipe
OF PETER J. RUSSO, P.C.
? PaMlegal
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