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HomeMy WebLinkAbout08-7434IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. No. 08 - w2y C, V t "- COMPLAINT l IN CIVIL ACTION LENH L PHOUASALITH BANGKOK HOUSE THAI RESTAURANT Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06935591 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. No. COMPLAINT IN CIVIL ACTION LENH L PHOUASALITH BANGKOK HOUSE THAI RESTAURANT Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06935591 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. D ? - 7'13 Y &?4 LENH L PHOUASALITH BANGKOK HOUSE THAI RESTAURANT Defendants COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238. 2. Defendant, BANGKOK HOUSE THAI RESTAURANT, is a Pennsylvania corporation with a last known address of 4516 FLORENCE AVE #C MECHANICSBURG, PA 17055. 3. Defendant, LENH L PHOUASALITH, is an adult individual with a last known address of 4516 FLORENCE AVE #C MECHANICSBURG, PA 17055. 4. Defendants applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX6704. 5. Defendants made use of said credit card and has a current balance due and owing to Plaintiff, as of December 15, 2008, in the amount of $1,993.31 . A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "I" and made a part hereof. 6. Defendants are in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that the Cardholder Agreement between the parties provides the Plaintiff is entitled to the addition of finance charges at the rate of 25.90% per annum on the unpaid balance. 8. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff prays for judgment in its favor and against Defendants, LENH L PHOUASALITH and BANGKOK HOUSE THAI RESTAURANT jointly and severally, in the amount of $1,993.31 with continuing interest thereon at the rate of 25.90% per annum from December 15, 2008 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W rodt, PA I.D. #42 2 WELTM EINB 1400 Ko ers uildin 436 Sev nth venue Pittsb h, A 15219 (412) 4 955 Esquire & REIS CO., L.P.A. WWIV:06935591 FINANCE Previous Balance Payments & Credits CHARGE Transactions Now Balance Minimum Payment Due Date $1,261 75 - $0 00 + $28 08 + $35 00 = $1,324 83 $324 83 Jan 03, 2007 Nov 04, 2006 - Dec 04, 2006 Page 1 of 1 PEASE PAY AT FAST 7HS A" K7 6935591 Visa Business Card Account CaWt?aft)ree 4791.2423-3422.6704 a® Your Account Information TOTAL CREDIT LINE $1,00000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $1,000 00 AVAILABLE CREDIT FOR CASH $0 00 Finance Charges (Please see reverse for important information) Bale- rate Periodic Carespondn0 CH RGE appiedto rate APR Purchases $1,276.40 007096% 259D% $2806 Cash $000 007096% 2590% $000 ANNUAL PERCENTAGE RATE applied this period. 25.90% ® At Your Service 1.000.867-0961 TO CON Cussxner Rousons a to report a lost or stdw card ® Send payments to. Captel One. F.S 3 P 0 Sox 70985 Ch FM, NC 2B272t6B5 A Send inquiries to. Capad One P 0 Bar 30285 Saft Lake City, UT 84130-0285 O For more informsaon on your Small Business account. Vbe: ,nine c proknemrrh uratialrwes Your account is six payments behind If we charge off your account due to late payments, we will report the charged-0f status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances Act now 10 prevent the from happening Please fay the amount due on your sigament or give us a call at 1800 955.6600 We11 work with you 90 you can take conlyd of your account and start rebuilding your credit wish Cepltal One 'Important Notce, At this time we are unable to provide your Rewards Summary To renew your current Rewards balance or additional Rewards mfortne90n, please call the number on the beck of your credit card We apologize for any inconvenience this may cause Payments, Credits & Adlustments Transactions $36 OD 1 04 DEC PAST DUE FEE Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twlcs in the past 12 billing cycles If your rates have already increased, subsequent deinquenaes extended the duration of the increased rates Remember R we receive your minim in monthly payment on time for 12 consecutive tolling cycles, this account well be reviewed for a possible return to your Non-Introductory APR You were assessed a past due fee because your a4rwnum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One OIBC6056 6056 506 1 7 3 061204 PAGE 1 of 1 PLEASE RETURN PORTION BELOW WITH PAYMENT 7 4791242334226704 03 1324830285490324835 what's in yourwalletT Account Number. 4791-2423-3422-6704 New Baiance Minimum Payment Due Date please print address or phone number changes below using blue or black ink Address $1,324 83 C$324 83 Jan 03, 2007 PLEASE PAY AT LEAST Home Phone Alternate Phone THIS AMOUNT E-mail address Amount Enclosed e90339113421111151111e HAIL ID NUMBER LENH L P14OUASALITH BANGKOK HOUSE THAI RESTAURANT 3401 HARTZDALE DR Capital One, F•S.B ?I?ES???rrE??srrrE??r? CAMP HILL, PA 171111-7200 P.O. Box 70885 Charlotte, NC 28272-0885 order made payable to Capital One, F S B and mall with this coupon in the enclosed envelope k or mone h y ec Please write your account number on your c EXHIBIT A" , CAPITAL ONE BANK (USA), N.A., Plaintiff, V. BNGK HOUSE THAI RSTARNT Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil A e true and correct to the best of his/her knowledge, information and ief. Dated: l t , , . A049 WELTMAN, WEINBERG & REIS CO., L.P.A. -41 '? r ot-3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRISTEN STAMBAUGH, Docket No. 2008-7434-CIVIL Plaintiff, vs. ANDREW PICKARD, CIVIL ACTION - Law Defendant. in Custody NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM THE DATE OF THE SERVICE OF THE SAME UPON YOU. FAILURE TO FILE A RESPONSIVE PLEADING TO THE ATTACHED PRELIMINARY OBJECTIONS WITHIN THE ALLOTTED TIME LIMIT MAY RESULT IN THE REQUESTED RELIEF BEING GRANTED, A JUDGMENT BEING ENTERED AGAINST YOU AND/OR ANOTHER ADVERSE RULING BEING MADE IN REGARD TO THIS MATTER, AND THE ALLEGED AVERMENTS AND FACTS AS ARE STATED IN THE PRELIMINARY OBJECTIONS MAY BE DEEMED ADMITTED BY THIS HONORABLE COURT. Farley G Holt, Esquire HOLT & OGDEN, LLP 34 North Queen Street York, Pennsylvania 17403 (717) 846-0550 I.D. #59920 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRISTEN STAMBAUGH, Plaintiff, vs. ANDREW PICKARD, Defendant. Docket No. 2008-7434-CIVIL CIVIL ACTION - Law in Custody DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND NOW, TO WIT, this 21" day of January, 2009, comes the above-captioned Defendant, Andrew Pickard, by and through his legal counsel, Farley G Holt, Esquire, and the law firm of Holt & Ogden, LLP and files the within "Preliminary Objections to Plaintiff's Complaint for Custody" and states in support thereof the following: 1. The above-captioned Defendant, Andrew Pickard, hereinafter referred to as "Father", is an adult individual who currently resides at 760 Robin Hill Circle, York, York County, Pennsylvania 17404. 2. The above-captioned Plaintiff, Kristen Stambaugh, hereinafter referred to as "Mother", is an adult individual who currently resides at 250 East Crestwood Drive, Apt. C1, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The above-captioned parties are the Mother and Father respectively of one (1) minor child, to wit: Quentin Bryce Stambaugh, born October 22, 2005. 4. On or about December 2008, the Plaintiff filed with this Honorable Court, a Complaint for Custody and Request for Special Relief Pursuant to Rule 1915.13. 5. By way of Court Order dated January 5, 2009 of this Honorable Court, Plaintiff s request for special relief was denied and this matter was referred by this Honorable Court to a custody conciliator in regard to Mother's Complaint for Custody. 6. Additionally, by way of Order of Court dated January 12, 2009, this matter was scheduled for a Custody Conciliation Conference on January 30, 2009 at 9:00 a.m. before Dawn S. Sunday, Esquire, at 39 West Main Street, Mechanicsburg, Pennsylvania 17055. 7. The minor child in question has been the subject of ongoing custody litigation in York County, Pennsylvania, which action/litigation is docketed at York County Court of Common Pleas docket number Number 2005-FC-2375-Y03. (See attached 9 page York County Court of Common Pleas docket entries which are attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full). 8. At the time in which the parties' subject minor son was born, Father. Mother and the minor child all resided in York County, Pennsylvania. 9. On or about June 4, 2008, Mother filed a Petition for Transfer of Jurisdiction and Venue to Cumberland County, Pennsylvania, with a Rule to Show Cause having been issued on July 10, 2008 to be heard at a hearing before the Honorable Michael E. Bortner of the Court of Common Pleas of York County, Pennsylvania initially scheduled for August 11, 2008, but then rescheduled to August 27, 2008. 10. On or about August 27, 2008, the parties appeared at the hearing scheduled in regard to Mother's aforementioned Petition for Transfer of Jurisdiction and Venue to Cumberland County, Pennsylvania, at which time after hearing , Judge Bortner denied Mother's request to transfer venue of this matter to Cumberland County, Pennsylvania, by way of his Court Order issued on August 27, 2008 and entered on the York County docket on September 4, 2008. (See attached Defendant's Exhibit "B" which is incorporated herein by reference as if set forth in full). 11. In denying Mother's aforementioned Petition, Judge Bortner had stated from the bench, that he was familiar with the case given the numerous filings and Court appearances by the parties in this matter and given that, he felt no compelling reason for a transfer of venue and jurisdiction of this matter. 12. Despite the foregoing ruling made by Judge Michael E. Bortner, Mother has in fact filed the instant action in Custody with this Honorable Court and her Petition for Special Relief. COUNTI Objection to Change in Venue Pursuant to Pa.R.C.P. No. 1028(a)(1) [(Improper Venue Pursuant to Pa.R.C.P. No. 1006(e)] 13. Paragraphs one through twelve of Defendant's Preliminary Objections are incorporated herein by reference as if set forth in full. 14. Rule No.1028(a)(1) of the Pennsylvania Rules of Civil Procedure states in part that Preliminary Objections may be filed when there is lack of jurisdiction over the subject matter or the person of the Defendant, or the venue in a case is improper. 15. Further, Rule 1006(e) of the Pennsylvania Rules of Civil Procedure states that improper venue shall be raised by the filing of Preliminary Objections and if not so raised, shall be deemed waived. 16. It is further stated in the Pennsylvania Rules of Civil Procedure No. 1006(e) that if a Preliminary Objection to venue is sustained and there is a court of proper venue in the State in which the action is filed, the action shall not be dismissed, but transferred to the appropriate court of that county. The cost of said transfer and/or removal of the former case of record, shall be born by the filing Plaintiff. 17. Given Plaintiff s prior attempts to have the Court of Common Pleas of York County, Pennsylvania relinquish venue over this matter to the County of Cumberland, and having being denied such request for change of venue by way of the Honorable Michael E. Bortner's Order of August 27, 2008 and entered on the docket on September 4, 2008, the Defendant believes and therefore avers that by Mother filing the instant action in Cumberland County, she is attempting to circumvent the foregoing ruling by the Honorable Michael E. Bortner, but is precluded from doing the same given the prior ruling and pursuant to the applicable Pennsylvania Rules of Civil Procedure referred to in these Preliminary Objections. 18. Additionally, Defendant believes and therefore avers that Plaintiff is precluded from filing her instant action pursuant to res judicata, thus de facto transferring venue of this matter to Cumberland County, Pennsylvania. 19. Furthermore, simultaneously with the filing of these Preliminary Objections, Defendant is preparing to file a Petition for Modification of Custody Order and Petition for Contempt in the Court of Common Pleas of York County, Pennsylvania at the foregoing York County docket number. WHEREFORE, the above-captioned Defendant, Andrew Pickard, respectfully requests that this Honorable Court grant his Preliminary Objections by either dismissing Plaintiffs Complaint for Custody given the improper venue issue as raised in the instant Preliminary Objections, and/or by directing that Mother's petition for custody be transferred to the proper venue, that being York County Court of Common Pleas of Pennsylvania, and by ordering and directing that Plaintiff pay any and all costs associated with the transfer of this action to its proper venue and pay any and all costs associated in the removal of this action from the jurisdiction of this Honorable Court pursuant to Pa.R.C.P.No. 1006(e) and by ordering any other relief this Honorable Court may deem just and appropriate. Respectfully submitted, arley G Holt, Esquire HOLT & OGDEN, LLP 34 North Queen Street York, Pennsylvania 17403 (717) 846-0550 I.D. #59920 bil YORK COUNTY PROTHONOTARY 1/8/2009 Page 1 of 9 - , 2005-FC-002375-03 PICKARD, ANDREW vs. STAMBAUGH, KRISTEN Action 10/06/2008 ENTRY OF APPEARANCE OF DEFT AS PRO SE 04038 10/06/2008 WITHDRAWAL OF APPEARANCE OF DEBRA 04106 MEHAFFIE ESQ FOR DEFT W/ CERT OF SVC 09/04/2008 ORDER OF COURT DENYINGTRANSFER OF VENUE 04602 FILED BY DEFT BY THE COURT MICHAEL E BORTNER JUDGE 09/04/2008 NOTICE GIVEN RE: PA R. C. P. 236 BY MAIL TO DEBRA 04089 R MEHAFFIE ESQ 9-4-08 AT 3:00 PM AND BY FAX TO FARLEY HOLT ESQ 9-4-08 AT 2:11 PM 08/27/2008 COURT MINUTE SHEET BEFORE JUDGE BORTNER, B 88888 NESS 08/15/2008 WITHDRAWAL OF APPEARANCE SUSAN K PICKFORD 04106 ESQ FOR DEFT W/CERT OF SERVICE 08115/2008 ENTRY OF APPEARANCE DEBRA R MEHAFFIE ESQ 04038 FOR DEFT W/CERT OF SERVICE 08/08/2008 APPLICATION FOR CONTINUANCE 05323 08/08/2008 APPLICATION FOR CONTINUANCE GRANTED AND CONTINUED TO 8/27/08 AT 1:30 CTRM 5 BY MICHAEL E BORTNER 07/18/2008 CERTIFICATE OF COMPLETION OF ANDREW 05056 PICKARD AT COOPERATIVE PARENTING AND DIVORCE ON 3/5/08 07/10/2008 RULE TO SHOW CAUSE ON 8-11-08 @10AM IN CT RM 04957 #5 BY THE CT JOSEPH C ADAMS JUDGE 07/1012008 NOTICE GIVEN RE: PA R. C. P. 236 MAILED TO ATTY 04089 PICKFORD ON 7-10-08 @3PM FAXED TO ATTY HOLT ON 7-10-08 @10:45AM 07/10/2008 COURT MINUTE SHEET BEFORE JUDGE ADAMS, 88888 MYERS 06/04/2008 PETITION FOR RULE TO SHOW CAUSE TO 04090 TRANSFER JURISDICTION AND VENUE 05/14/2008 WITHDRAWAL OF APPEARANCE OF ATTY DANN S 04106 JOHNS 05/14/2008 ENTRY OF APPEARANCE OF ATTY SUSAN K 04038 PICKFORD O/B/O DFT KRISTEN STAMBAUGH 03/17/2008 *ORDER FOR PARENTING PLAN CT AWARDS LEGAL 02031 CUSTODY TO BOTH PARTIES (Volume: 00039-Blip: 00430) AND PHYSICAL CUSTODY SHALL BE SHARED AS OUTLINED IN ORDER BY COURT 3 2 1 2 1 3 1 2 1 2 1 2 1 5 2 1 YORK COUNTY PROMONOTARY Page 2 of 9 . b j/ , 11812009 2005-FC-002375-03 PICKARD, ANDREW vs. STAMBAUGH, KRISTEN Action MICHAEL E BORTNER JUDGE 02031 03117/2008 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 FILED AND FAXED TO FARLEY (Volume: 00039-Blip: 00430) HOLT ESQ AND DANN JOHNS ESQ ON 3/17/08 AT 8:25AM 01/24/2008 *COURT MINUTE SHEET BEFORE JUDGE BORTNER, BELLAVIA CT RPR, TESTIMONY (Volume: 00011-Blip: 00364) 01/23/2008 *EXHIBIT(S) DEFTS 1-3 (Volume: 00010-Blip: 00567) 01/23/2008 *EXHIBIT(S) PLTFS 1 (Volume: 00010-Blip: 00568) 01/23/2008 *COURT MINUTE SHEET BEFORE JUDGE BORTNER, BELLAVIA CT RPR TESTIMONY ( Volume: 00011-Blip: 00116 ) ****SEE ALSO BLIP 117**** 01/22/2008 *JOINT STIPULATION OF FACTS (Volume: 00009-Blip: 00506) 12/21/2007 *PRAECIPE TO FILE ATTACHED LETTER ON BEHALF OF DEFT W/CERT OF SVC (Volume: 00191-Blip: 00377) 12/03/2007 *MEDIATION REPORT (Volume: 00180-Blip: 00289) 11/2912007 *SUPPLEMENTAL OPINION IN SUPPORT OF ORDER BY THE COURT RICHARD K RENN (Volume: 00178-Blip: 00148) PRESJUDGE 88888 04870 88888 05094 04843 05012 05006 11/29/2007 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 FILED AND FAXED TO ANDREW (Volume: 00178-Blip: 00148) BROWN ESQ AND DANN JOHNS ESQ AND FARLEY HOLT ESQ ON 11/29/07 AT 8:34 AM 11/16/2007 *ORDER SCHEDULING CUSTODY TRIAL FOR JAN 08 03010 TERM BY THE COURT (Volume: 00182-Blip: 00129) MICHAEL E BORTNER JUDGE 11/16/2007 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 FILED AND FAXED TO FARLEY (Volume: 00182-Blip: 00129) YORK COUNTY PROTHONOTARY Page 3 of 9 ' bjl 1/8/2009 2005-FC-002375-03 PICKARD, ANDREW vs. STAMBAUGH, KRISTEN Action HOLT ESQ AND DANN JOHNS ESQ ON 11/16/07 AT 10:25AM 11/14/2007 *MEMORANDUM FOR CUSTODY PRE-TRIAL CONFERENCE (Volume: 00171-Blip: 00265) 11/14/2007 *ORDER RE: PETITION FOR CONTEMPT FILED BY FATHER/BOTH PARTIES SHALL (Volume: 00171-Blip: 00218) CONTACT FAMILY CHILD RESOURCES AND COMPLETE NEXT AVAILABLE CLASSES IF EITHER PARTY FAILS TO CONTACT AGENCY W/IN 10 DAY TIME PERIOD OR FAILS TO COMLETE COURSE AGENCY SHALL NOTIFY COURT BY THE COURT RICHARD K RENN PRES JUDGE 05032 04185 04104 11/14/2007 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 FILED AND MAILED TO FAMILY (Volume: 00171-Blip: 00218) CHILD RESOURCES ON 11/14/07 AT 3PM AND FAXED TO ANDREW BROWN ESQ AND DANN JOHNS ESQ AND FARLEY HOLT ESQ ON 11/14/07 AT 2:13PM 11/14/2007 *CERTIFICATE OF SERVICE OF OF MEMORANDUM 04025 FOR CUSTODY PRE-TRIAL (Volume: 00171-Blip: 00052) CONFERENCE BY US MAIL 11/13/2007 *EXHIBIT(S) PLTF #2 04870 (Volume: 00170-Blip: 00335) 11/13/2007 *COURT MINUTE SHEET BEFORE JUDGE RENN, 88888 BELLAVIA, CT RPR, TESTIMONY ( Volume: 00171-Blip: 00119 ) (PETITION FOR CONTEMPT HEARING) 11/13/2007 *MEMORANDUM FOR CUSTODY PRE-TRIAL 04185 CONFERENCE SUBMITTED BY ANDREW B (Volume: 00169-Blip: 00542) BROWN ESQ COUNSEL FOR PLTF W/CERT OF SVC 10/22/2007 *MEDIATION REPORT 05012 (Volume: 00158-Blip: 00293) 10/17/2007 *INTERIM ORDER FOR CUSTODY PENDING TRIAL 05457 MEDIATION SCHEDULED FOR (Volume: 00156-Blip: 00093) YORK COUNTY PROMONOTARY Page 4 of 9 • bjl 11812009 2005-FC-002375-03 PICKARD, ANDREW vs. STAMBAUGH, KRISTEN Action 10/22/07 AT 1:30/PENDING TRIAL ORDERS OF 10/5/06 05457 AND 3/23/06 ARE REITERATED WITH EXCEPTIONS AS OUTLINED IN ORDER BY THE COURT MICHAEL E BORTNER JUDGE 10/17/2007 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 FILED AND FAXED TO FARLEY (Volume: 00156-Blip: 00093) HOLT ESQ /DANN JOHNS ESQ AND CLAUDIA DE ARMENT ESQ ON 10/17/07 AT 2:14PM 10/17/2007 *ORDER FOR MEDIATION CLAUDIA L DE ARMENT 05022 ESQ ORDERED AS MEDIATOR BY (Volume: 00156-Blip: 00094) THE COURT MICHAEL E BORTNER JUDGE 10/17/2007 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 FILED AND FAXED TO FARLEY (Volume: 00156-Blip: 00094) HOLT ESQ /DANN JOHNS ESQ AND CLAUDIA DE ARMENT ESQ ON 10/17/07 AT 2:13PM 10/17/2007 *ORDER FOR PRE-TRIAL CONFERENCE SCHEDULED 04117 FOR 11/15/07 AT 10AM IN (Volume: 00156-Blip: 00095) COURTROOM 5 BY THE COURT MICHAEL E BORTNER JUDGE 10/17/2007 *NOTICE GIVEN RE:" PA R. C. P. 236 FAXED TO 04089 FARLEY HOLT ESQ (Volume: 00156-Blip: 00095) DANN JOHNS ESQ AND CLAUDIA DEARMENT ESQ ON 10/17/07 AT 2:14 PM 10/16/2007 *ORDER SCHEDULING HEARING FOR CONTEMPT ON 04412 11/13/07 AT 11:30AM IN COURT (Volume: 00155-Blip: 00295) ROOM 9 BY THE COURT RICHARD K RENN PRES JUDGE 10/16/2007 *NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 FILED AND FAXED TO FARLEY (Volume: 00155-Blip: 00295) HOLT ESQ AND DANN JOHNS ESQ ON 10/16/07 AT 1:45PM w YORK COUNTY PROYHONOTARY Page 5 of 9 ' ' bjl 1/812009 2005-FC-002375-03 PICKARD, ANDREW vs. STAMBAUGH, KRISTEN Action 10/16/2007 *COURT MINUTE SHEET BEFORE JUDGE RENN, 88888 GREENHOLT, CT RPR (Volume: 00155-Blip: 00561 ) 10/10/2007 *PETITION FOR CONTEMPT W/SVC 04379 (Volume: 00154-Blip: 00277) 10/01/2007 *CONCILIATION CONFERENCE MEMORANDUM W/SVC 04928 (Volume: 00148-Blip: 00048) SUBMITTED BY DANN JOHNS ESQ 09/21/2007 *CORRESPONDENCE FROM PATRICIA MC ELWAIN 04705 PARALEGAL TO FARLEY HOLT ESQ (Volume: 00142-Blip: 00310) TO ATTY JAMES HOLTZER CONCILIATION CONF RESCHEDULED TO 10-1-07 @ 9:00 09/20/2007 *ORDER RE: CUSTODY (FATHER APPEARED 04104 W/COUNSEL WHO REQUESTED A (Volume: 00141-Blip: 00327 ) CONTINUANCE IN THIS MATTER; ACCORDINGLY THIS MATTER IS CONT'D GENERALLY WITH THE UNDERSTANDING THAT IF A CONFERENCE IS HELD ON OR BEFORE 10/8/07 THERE WILL BE NO ADDT'L FEE DUE THE CONCILIATOR) BY THE CT: RICHARD K RENN PJ 09/20/2007 *NOTICE GIVEN RE: PA R. C. P. 236 MAILED TO 04089 KRISTEN STAMBAUGH AT 3PM (Volume: 00141-Blip: 00327 ) AND FAXED TO FARLEY HOLT ESQ AND DANN JOHNS ESQ AT 11:40AM 09/10/2007 *AFFIDAVIT OF SERVICE OF COMPLAINT IN CUSTODY 02006 UPON DEFT KRISTEN (Volume: 00136-Blip: 00425) STAMBAUGH IN PA BY CERT MAIL ON 09/05/2007 09/07/2007 *CONCILIATION CONFERENCE MEMORANDUM OF 04928 PLTF W/CERT OF SVC (Volume: 00135-Blip: 00353) 08/28/2007 *PETITION FOR CONTEMPT AND MODIFICATION OF 04379 CUSTODY ORDER W/CERT OF SVC (Volume: 00128-Blip: 00317) 08/28/2007 *DIRECTIVE APPOINTING CUSTODY CONCILIATOR 04929 JAMES HOLTZER ESQ FOR (Volume: 00128-Blip: 00317) CONFERENCE ON 09/10/2007 @3:OOPM IN HEARING ROOM 7 BY THE COURT ' ' YORK COUNTY PROTHONOTARY Page 6 of 9 ' b1I . 1/8/2009 2005-FC-002375-03 PICKARD, ANDREW vs. STAMBAUGH, KRISTEN Action RICHARD K RENN JUDGE 04929 10/05/2006 *STIPULATED ORDER FOR CUSTODY ORDER OF 05475 1/31/06 SHALL REMAIN IN FULL (Volume: 00131-Blip: 00085) FORCE, BOTH PARTIES HAVE AGREED TO W/DRAW CONTEMPT PETITION BY THE CT MICHAEL E BORTNER, JUDGE 10/05/2006 *NOTICE GIVEN RE: PA R. C. P. 236 FAX TO ATTYS 04089 FARLEY HOLT, DANN JOHNS (Volume: 00131-Blip: 00085) ON 10/5/06 2PM 08/14/2006 *ORDER CONTINUING CUSTODY TRIAL UNTIL NEXT 03010 TERM BEGINNING 10/2/06 A (Volume: 00106-Blip: 00008) CALL FOR TRIAL LIST WILL BE 9/18/06 CT RM 9 AT 9:30 AM BY THE CT MICHAEL E BORTNER, JUDGE 08/14/2006 *NOTICE GIVEN RE: PA R. C. P. 236 FAX TO FARLEY 04089 HOLT ESQ AND TO DANN (Volume: 00106-Blip: 00008) JOHNS ESQ 8/14/06 3PM 08/10/2006 *APPLICATION FOR CONTINUANCE BY FARLEY HOLT 05323 ESQ FOR PLTF (Volume: 00104-Blip: 00134) 08/10/2006 *ORDER GRANTING CONTINUANCE BY THE COURT 04342 MICHAEL E BORTNER JUDGE (Volume: 00104-Blip: 00134) 06/23/2006 *CERTIFICATE OF ATTENDANCE KRISTEN 05056 STAMBAUGH ON 6-10-06 FOR KIDS (Volume: 00083-Blip: 00176) FIRST CUSTODY WORKSHOP W/ CERT OF SVC 06/06/2006 *APPLICATION FOR CONTINUANCE 05323 (Volume: 00075-Blip: 00036) 06/06/2006 *ORDER GRANTING CONTINUANCE OF CUSTODY 04342 TRIAL TO JULY/AUGUST TERM (Volume: 00075-Blip: 00036) BY THE COURT: MICHAEL E BORTNER JUDGE 05/03/2006 *ORDER SCHEDULING CUSTODY TRIAL FOR MAY 03010 TRIAL TERM BEGINNING TUESDAY (Volume: 00060-Blip: 00538 ) * k YORK COUNTY OR&HONOTARY Page 7 of 9 bjl 1/812009 2005-FC-002375-03 PICKARD, ANDREW vs. STAMBAUGH, KRISTEN Action 5-30-2006 @ 9:30AM COUNSEL AND PARTIES ARE 03010 REMINDED TO APPEAR ON 5-15-2006 @ 9:30AM IN CT RM #9 BY THE COURT MICHAEL E BORTNER JUDGE 05/03/2006 *NOTICE GIVEN RE: PA R. C. P. 236 MAILED TO ATTYS 04089 FARLEY G HOLT (Volume: 00060-Blip: 00538) AND DANN JOHNS ON 5-3-2006 05/01/2006 *CERTIFICATE OF ATTENDANCE FOR ANDREW 05056 JAMES PICKARD AT PARENTING (Volume: 00059-Blip: 00146) SOLUTIONS ON 3/27/06 W/CERT OF SERVICE 05/01/2006 *CERTIFICATE OF ATTENDANCE OF ANDREW PICKARD AT KIDS FIRST WORKSHOP (Volume: 00078-Blip: 00354) ON 4/22/06 W/CERT OF SERVICE **RETAKE VOL 2006.78 B/354** 04/28/2006 *PLTFS MEMORANDUM FOR CUSTODY PRE-TRIAL 04185 CONFERENCE W/ CERT OF SERVICE (Volume: 00058-Blip: 00101 ) 04/28/2006 *DEFTS MEMORANDUM FOR CUSTODY PRE-TRIAL CONFERENCE W/ CERT OF SERVICE (Volume: 00058-Blip: 00098) 04/04/2006 *CERTIFICATE OF SERVICE OF COURT ORDER 04025 DATED 4-3-06 SIGNED BY (Volume: 00046-Blip: 00149) JUDGE BORTNER UPON ATTY FARLEY G HOLT BY US MAIL 04/03/2006 *APPLICATION FOR CONTINUANCE OF PRE TRIAL 05323 CONFERENCE SCHEDULED FOR (Volume: 00045-Blip: 00427) 4/25/06 AT 10:30AM 04/03/2006 *ORDER GRANTING CONTINUANCE OF PRE TRIAL 04342 CONFERENCE TO 5/3/06 (Volume: 00045-Blip: 00427 ) AT 9:30AM BY THE COURT BY THE COURT MICHAEL E BORTNER JUDGE 03/27/2006 *ORDER FOR PRE-TRIAL CONFERENCE ON 4-25-2006 04117 @ 10:30AM IN CT RM #5 (Volume: 00042-Blip: 00304) BY THE COURT MICHAEL E BORTNER JUDGE f Ill.- IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ANDREW PICKARD No. 2005-FC-2375-YO3 VS . KRISTEN STAMBAUGH Petition to Transfer York, PA, Wednesday, August 27, 2008 Before the Honorable Michael E. Bortner, Judge '. APPEARANCES: ; F .,? C;U r? rr; FARLEY HOLT, Esquire c -v For the Plaintiff DEBRA MEHAFFIE, Esquire A 7 For the Defendant N O R D E R upon consideration, the petition filed by counsel for Respondent/Defendant Kristen Stambaugh to transfer venue of this case to Cumberland County from York county is denied. BY THE COURT: Michael E. Bortner Judge bin - 8/27/08 1 f i a . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRISTEN STAMBAUGH, Docket No. 2008-7434-CIVIL Plaintiff, vs. ANDREW PICKARD, CIVIL ACTION - Law Defendant. in Custody CERTIFICATE OF SERVICE 1, Farley G Holt, Esquire, do hereby certify that I served a true and correct copy of Defendant's Preliminary Objections to Plaintiffs Complaint in Custody upon the Plaintiff, Kristen Stambaugh, by mailing the same by first class mail to her legal counsel, Susan Pickford, Esquire at CARRUCOLI & ASSOCIATES, 875 Market Street, Suite 200, Lemoyne, Pennsylvania 17043 on the 2151 day of January, 2009, and by mailing a courtesy copy of the same, by first class mail, to the Custody Conciliator in this matter, Dawn Sunday, Esquire at 39 West Main Street, Mechanicsburg, Pennsylvania 17055, on the 215` day of January, 2009. DATE: 01/21/09 Farley G Holt, Esquire HOLT & OGDEN, LLP 34 North Queen Street York, Pennsylvania 17403 (717) 846-0550 I.D. #59920 1 t (7) P-.3 ,77 ^ } q q SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07434 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS PHOUASALITH LENH L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BANGKOK HOUSE THAI RESTAURANT but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 4516 FLORENCE AVE APT #C NOT FOUND , as to BANGKOK HOUSE THAI RESTAURANT MECHANICSBURG, PA 17055 DEFENDANT IS NO LONGER IN BUSINESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers 6.00 .00 5.00 R. T omas Kline 10.00 Sheriff of Cumberland County .00 21.00 WELTMAN WEINBERG REIS 01/26/2009 Sworn and Subscribed to before me this day of A. D. t Ll ' zz ti. - ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-07434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS PHOUASALITH LENH L ET AL 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 PHOUASALITH LENH L the DEFENDANT , at 1551:00 HOURS, on the 20th day of January , 2009 at 31 N HANOVER STREET CARLISLE, PA 17013 by handing to PHAVING PHOUASALITH, DAUGHTER, ADULT IN CHARGE 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 Sworn and Subscibed to before me this of So Answers: 18.00 2 2 . 5 0 .00 10.00 R. Thomas Kline .00 50.50 01/26/2009 WELTMAN WEIN RG IS By. day Deputy Sheriff A. D. <<. C\j CJ it E :Zr , cv KRISTEN STAMBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff. : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-7434 CIVI6ERM ANDREW PICKARD, Defendant. CUSTODY NOW COMES Plaintiff Kristen Stambaugh, by and through attorney, Susan K. Pickford, Esquire and files the following answers to Defendant's Preliminary Objections: 1. Admitted 2. Admitted. By way of further answer, Mother has lived Cumberland County for over one year. 3. Admitted. By way of further answer, Mother has primary by order of York County Court at docket number 2005-FC-00237 4. Admitted 5. Admitted 6. Admitted 7. Admitted. By way of further answer Mother and minor the minor child in of the minor child moved to and have continuously resided in Cumberland County more than a year prior tb the Complaint in Custody being filed in this Honorable Court. The minor child is heavily involved with educational, medical and therapy professionals in Cumberland County regarding medical issues he has suffered from birth. 8. Admitted 9. Admitted 10. Admitted 11. Denied. Present counsel for Plaintiff was not present at t1he hearing referenced by Defendant in this paragraph and therefore has no knowledge of the statements by Judge Bortner. To the extent that these comments are deemed relevant to this matter, Plaintiff demands proof of said statements at hearing. 12. Admitted 13. This paragraph does not state facts for which an answer is required. 14. This paragraph dose not state facts for which an answer i? required. 15. This paragraph does not state facts for which an answer i required. 16. This paragraph does not state facts for which an answer i required. 17. Denied. Plaintiff has filed the custody action to bring this case into the court of proper jurisdiction and venue. York County no longer has subject matter jurisdiction over the minor child nor is York County the proper venue inasmuch as the only connection the minor child. maintains with York County is the presence there of the father. The minor child has extensive connections, familial, educational and professional, critical to the li gation of this custody matter. Pennsylvania law is clear that in custody cases jurisdiction llows the domicile of the child. This minor child has lived in Cumberland County for more than a year and receives a multitude of services in this county. 18. Denied. Plaintiff submits that Res Judicata applies to th? re-litigation of causes of action and issues of fact in a cause of action and is not applicable to ?ssues of jurisdiction and venue. 19. Denied. Plaintiff has insufficient knowledge or information to admit or deny this allegation. WHEREFORE, Plaintiff respectfully requests that this Honorable Curt dismiss Defendant's Preliminary Objections and set this matter for hearing on the issue of custody. Respectfidly Ausan K. Pickfo E; Attorney for Pl tiff 875 Market Stre t Camp Hill, PA 7011 (717) 761-1274', ID# 43093 CERTIFICATE OF SERVICE I, Susan K. Pickford, Esq, do herby certify that on this date I serve the foregoing Answers to Preliminary Objections in the above captioned case on Defendant's ttorney at the place and in the manner set forth below. Farley G. Holt, Esq. 34 N Queen Street York, PA 17403 Via fax and regular mail Date: February 12, 2009 Attorney for Pi , tiff 875 Market Street Camp Hill, PA 7011 (717) 761-1274 ID# 43093 ?3 w r, ,jm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. C) O_ - M , =3 F n PENNA 8 6 -a ©M w No. 08-7434 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE LENH L PHOUASALITH BANGKOK HOUSE THAI RESTAURANT Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I . D. #42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06935591 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-7434 CIVIL TERM LENH L PHOUASALITH BANGKOK HOUSE THAI RESTAURANT Defendants PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C Attorney 1400 Ko 436 Se l( Pittsbu g (412) 3) SWORN TO AND SUBSCRIBED before me this day of 2010 rmbrodt, Esquire it Jaintiff 1e Building It Avenue A 15219 7955 135591 NOTARY PUBLIC