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HomeMy WebLinkAbout04-2400Johnson, Duffle, Stewart & Weidner By: Michael $. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 Attorneys for Plaintiff CAMP HILL SCHOOL DISTRICT 2627 Chestnut Street Camp Hill, PA 17011, Plaintiff DAVID SHULTZ and PAMELA SHULTZ, husband and wife, 2015 Harvard Avenue Camp Hill, PA 17011, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 dghts 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 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 Attomeys for Plaintiff CAMP HILL SCHOOL DISTRICT 2627 Chestnut Street Camp Hill, PA 17011, Plaintiff DAVID SHULTZ and PAMELA SHULTZ, husband and wife, 2015 Harvard Avenue Camp Hill, PA 17011, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW AVI$O USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los prbximos veinte (20) dfas despu6s de la notificaci0n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escdta y radicando en la Code pot escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe antedormente, el caso puede proceder sin usted y un fallo pot cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado pot el demandante puede set dictado en contra suya por ia Corte sin mbs aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMAClON SOBRE AGENCIAS QUE OFREZCAN SERVIClOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O, Box 109 Lemoyne, Pennsylvania 170434)109 (717) 761-4540 Attorneys for Plaintiff CAMP HILL SCHOOL DISTRICT 2627 Chestnut Street Camp Hill, PA 17011, Plaintiff DAVID SHULTZ and PAMELA SHULTZ, husband and wife, 2015 Harvard Avenue Camp Hill, PA 17011, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, this ~{; day of May 2004, comes Plaintiff CAMP HILL SCHOOL D/STRICT, by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this civil complaint against Defendants David Shultz and Pamela Shultz, husband and wife, averring as follows: 1. The Plaintiff is the Camp Hill School District, which is a duly-organized public school district and political subdivision of the Commonwealth of Pennsylvania, with its main address at 2627 Chestnut Street, Camp Hill, Pennsylvania 17011. 2. The Defendants are David and Pamela Shultz, husband and wife, who currently reside at 2015 Harvard Avenue, Camp Hill, Pennsylvania 17011. 3. Defendants are the parents of two (2) minor daughters, B.S. and M.S. 4. On or about August 23, 2002, the Defendants enrolled their daughters, B.S. and M.S,, as students in the Camp Hill School District. The Defendants enrolled B.S, as a ninth-grade student, and M.S. as a eighth*grade student, for the 2002-03 academic year. 5. As proof of residency, the Defendants provided to the school distdct a copy of a resident~ lease ostensibly between Mr. Bruce Buttedield and the Defendants for the lease by the Defendants of ti' premises situated at 545 Devon Road, Camp Hill, Pennsylvania, which said premises is situated within th boundary of the Camp Hill School District (hereinafter referred to as the "Leased Premises"). 6. The Defendants represented to the Camp Hill School District that the Defendants, along witl" their minor daughters, would be residing at the Leased Premises dudng the 2002-03 academic year. 7, It is believed and therefore averred that the aforementioned residential lease agreement which the Defendants produced at the time of enrolling their minor daughters in the Camp Hill School District was, in fact, fraudulent and invalid. 8. It is believed and therefore averred that, for all or a substantial part of the 2002-03 academic year, Defendants and their minor daughters did not reside within the Camp Hill School District as Defendants represented at the time of enrollment, but rather resided in Enola, Pennsylvania, within the East Pennsboro School District. 9. Because the Defendants and their minor daughters were not residents of the Camp Hill School District for all or a substantial part of the 2002-03 academic year, B.S. and M.S. were not entitled to a free public education with the Camp Hill School District during the period of non-residency. 10. The Camp Hill School District Board of School Directors has adopted a policy whereby the school district may accept a limited number of non-resident pupils each academic year, but only with the recommendation of the Superintendent and prior approval by the Board of School Directors. 11. Pursuant to Camp Hill School District policy, the parents or guardians of non-resident pupils accepted for enrollment on the recommendation of the Superintendent and by approval of the Board of School Directors are required to pay tuition for the education of that pupil on the basis of the tuition calculation rate set forth in §2561 of the Public School Code of 1949, 24 P.S. §25-2561. 12. The tuition rate for Camp Hill High School students as determined by the Pennsylvania Department of Education for the 2002-03 academic year is $9,083.13 per high school student. 13. The Defendants' minor daughters, B.S. and M.S., both attended Camp Hill High Schc without first having obtained permission from the Camp Hill School District Board of School Directors ar ' without having paid tuition as non-resident pupils. 14. The total tuition for B.S, and M.S. attending Camp Hill High School as non-resident pupil,' during the 2002-03 academic year is $18,166.26. 15. The Camp Hill School District has made numerous requests of the Defendants to pay the amount of $18,166.26 tuition owed. 16. Defendants mailed two (2) checks in the amount of Ten and 00/100 Dollars ($10.00) each, made payable to the Camp Hill School District, as partial payment of the tuition owed, leaving a balance owed of $18,146.26. 17. Defendants have refused and failed to pay the $18,146.26 tuition, which is rightfully and ' lawfully owed to the Camp Hilt School District. WHEREFORE, the Camp Hill School District respectfully requests this Honorable Court enter judgment in its favor and against the Defendants in the amount of $18,146.26, together with pre-judgment interest, fees, and costs. :~8~5 Respectfully submitted, JOHNSON, DUFFLE, STEVVART & WEIDNER Michael~. Cassidy Attorney I.D, No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff VERIFICATION I, Christine Hakes, Business Manager of the Camp Hill School District, state that I am authorized make this Verification on its behalf, and that the statements made in the foregoing Complaint are true a correct to the best of my knowledge, information and belief. I understand that false statements made her( are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. CAMP HILL SCHOOL DISTRICT Christine Hakes, Business Manager - ' SHERIFF'S RETURN - REGULAR CASE NO: 2004-02400 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAMP HILL SCHOOL DISTRICT VS SHULTZ DAVID ET AL CPL. TIMOTHY REITZ Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE SHULTZ DAVID DEFENDANT , at 2048:00 HOURS, at 2015 HARVARD AVENUE CAMP HILL, PA 17011 DAVID SHULTZ a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 16th day of June by handing to the · 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~ 2~( day of A.D. /Pz~othonotary So Answers: R. Thomas Kline 06/17/2004 JOHNSON DUFFIE STEWART WEIDNER · ~ RETURN - REGULAR SHERIFF'S CASE NO: 2004-02400 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAMP HILL SCHOOL DISTRICT VS SHULTZ DAVID ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHULTZ PAMELA the DEFENDANT , at 2048:00 HOURS, on the 16th day of June , 2004 at 2015 HARVARD AVENUE CAMP HILL, PA 17011 DAVID SHULTZ, ADULT IN CHARGE a true by handing to and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of A.D. ! ~Prothonotary So Answers: O6/lV/2oo JOHNSON DUFFIE STEWART WEIDNER Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 Attorneys for Plaintiff CAMP HILL SCHOOL DISTRICT 2627 Chestnut Street Camp Hill, PA 17011, Plaintiff DAVID SHULTZ and PAMELA SHULTZ, husband and wife, 2015 Harvard Avenue Camp Hill, PA 17011, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2400 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Enter judgment by default in favor of Plaintiff, CAMP HILL SCHOOL DISTRICT, and against Defendant,~ DAVID SHULTZ and PAMELA SHULTZ, for Defendants' failure to plead to the Complaint in this action within th required time. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereo Defendants David Shultz and Pamela Shultz were served with the Complaint on June 16, 2004, and Defendant,, Answer was due to be filed on July 6, 2004. Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File Praecipe for Entry of Defau Judgment, which I certify was mailed by regular mail to the Defendants of record on July 7, 2004, which is at least te~ (10) days prior to the filing of this Praecipe. Please assess damages in the amount of $18,146.26, being the amount demanded in the Complaint. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Date: ? · t~. ~0~)~ By: L/~ Michae~l~Ca~y'''''''-~ Attorney I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :231840 0025-159 JUDGMENT ANDNOW, this /"~P ~ayof i~O'~ 2004, judgment in the amount of $18,146.26 is entered in favor of Plaintiff, CAMP H L DISTRICT, and against Defendants, DAVID SHULTZ and PAMELA SHUL'rZ, as directed above. EXHIBIT "A" ~ohnson, Duffle, Stewart & Weidner By: Michael $. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CAMP HILL SCHOOL DISTRICT 2627 Chestnut Street Camp Hill, PA 17011, Plaintiff DAVID SHULTZ and PAMELA SHULTZ, husband and wife, 2015 Harvard Avenue Camp Hill, PA 17011 , Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2400 CIVIL ACTION - LAW TO: DAVID SHUL TZ and PAMELA SHUL TZ 2015 Han/ard Avenue Camp Hill, PA 17011 DATE: July 7, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'I'FEN 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 (10) DAY~ FROI~ 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: :231832 0025-159 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 JOHNSON, DUFFLE, STEWART & WEIDNER Michael J~'. Cassidy Attorney I.D. No. 82164 CERTIFICATE OF SERVICE AND NOW, this /"l"-day of July, 2004, the undersigned does hereby certify that she did, on th date, serve a copy of the foregoing document upon the other parties of record as follows: By First Class U.S. Mail, postaae prepaid: David and Pamela Shultz 2015 Harvard Avenue Camp Hill, PA 17011 JOHNSON, DUFFLE, STEWART & WEIDNER Legal Assr-stant--" Carny Hill School District VS. David Shultz and Pamela Shultz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Term, 20~ No. 04-2400 CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) Against (3) and against DAVID SHULTZ and PAMELA SHULTZ 2015 Harvard Avenue, Camp Hill, PA 17011 Commerce Bank 100 Senate Ave,, Canto Hill, PA Garnishee (s); Defendant (s); (4) and index this writ (a) against and (b) against DAVID SHULTZ and PAMELA SHULTZ 2015 Harvard Avenue, Camp Hill. PA 17011 Commerce Bank, 100 Senate Avenue. Camp Hill, Pennsylvania Garnishee (s), Defendant (s) as a ~is pendens against the rea~ pr~perty ~f the Defendant (s) in the name ~f the Garnishee (s) as f~~~~ws: (Specifically describ~ property) Levy upon (but do not take into possession until requested by Plaintiff) all personal property of the Defendants. DAVID SHULTZ and PAMELA SHULTZ,, including, but not limited to, all tools, equipment, furnishings, funds, accounts, and other personal property of DAVID SHULTZ and PAMELA SHULTZ,, located at 2015 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, as well as the following motor vehicle(s): a 2001 Montero Mitsubishi SUV registered to Pamela A. Shultz, Tag No. FCD4263, Vin No. JA4MW31R7IJ028589; and a 1995 Van den Plas Jaguar Sedan registered to David R. Shultz, Vin No. SAJKX1741SC721238. Attach all funds and accounts of the Defendants. David Shaltz and Pamela Shultz , on deposit with Commerce Bank, 100 Senate Avenue, Camp Hill, Pennsylvania. including, but not limited to. those funds held in their checking account , Account No. 536148547. (5) Amount Due 7/19/04 $ 18,146.26 Interest From (6% APR) $ 90.73 TOTAL $ 18,236.99 Date: ~ ~ ~ ~ :234086 Michael J. G~sidy, Esquire Johnson, Duffle, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-2400 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAMP HILL SCHOOL DISTRICT, Plaintiff (s) From DAVID SHULTZ AND PAMELA SIIULTZ, 2015 HARVARD AVENUE, CAMP HILL, PA 17011 (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON (BUT DO NOT TAKE INTO POSSESSION UNTIL REQUESTED BY PLAINTIFF) ALL PERSONAL PROPERTY OF THE DEFENDANTS, DAVID SHULTZ AND PAMELA SHLrLTZ, INCLUDING, BUT NOT LIMITED TO ALL TOOLS, EQUIPMENT, FURNISHINGS, FUNDS, ACCOUNTS, AND OTHER PERSONAL PROPERTY OF DAVID SIIULTZ AND PAMELA SHULTZ, LOCATED AT 2015 IIARVARD AVENUE, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA 17011, AS WELL AS THE FOLLOWING MOTOR VEHICLES(S): A 2001 MONTERO MITSUBISHI SUV REGISTERED TO PAMELA A. SHULTZ, TAG NO. FCD4263, VIN NO. JA4MW31RT1J028589; AND A 1995 VAN DEN PLAS JAGUAR SEDAN REGISTERED TO DAVID R. SHULTZ, VIN NO. SAJKX1741SC721238. (2) Y~~ are a~s~ directed t~ attach the pr~perty ~f the defendant(s) n~t ~evied ~p~n in the p~ssessi~n of COMMERCE BANK, 100 SENATE AVENUE, CAMP HILL, PA - ATTACH ALL FUNDS AND ACCOUNTS OF TIlE DEFENDANTS, DAVID SIlULTZ AND PAMELA SHULTZ, ON DEPOSIT WITH COMMERCE BANK, 100 SENATE AVENUE, CAMP ItH~L, PA, INCLUDING BUT NOT LIMITED TO, THOSE FUNDS HELD IN THEIR CIlECKING ACCOUNT, ACCOUNT NO. 536148547 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or nther~se disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnLshee, you are directed to notify him/her that he/she has been added as a gam/shee and is enjoined as above stated. Amount Due $18,146.26 Interest (6% APR) - $90.73 Atty's Corem % Ally Paid $136.85 PlainfiffPaid Date: AUGUST 25, 2004 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name MICHAEL J. CASS/DY, ESQUIRE Address: JOHNSON, DUFF/E, STEWART & WEIDNER P.O.BOX 109 LEMOYNE, PA 17043-0109 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 82164 Jol~nson, Duffle, Stewart & Weidner By: Michael ~. Cassidy I.D. No. 82164 301 Market Stree~ P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CAMP HILL SCHOOL DISTRICT Plaintiff DAVID SHULTZ and PAMELA SHULTZ, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2400 CIVIL ACTION - LAW INTERROGATORIE$ TO GARNISHEE TO: Commerce Bank 100 Senate Avenue Camp Hill, PA 17011 You are required to file answers to each of the following Interrogatories within twenty (20) days after service upon you. You are required to sign the verification page following the Interrogatories. Failure to answer any of the Interrogatories or to sign the verification page slhall result in judgment against you. Dated: .~,~y/z3, ~. :234088 JOHNSON, DUFFLE, STEWART & WEIDNER By:_ Michaet-'J~. Cassidy Attorney I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff 1. At the time you were served or at any subsequent time did you owe the Defendants, DAVID SHUL'FZ and PAMELA SHULTZ, hereinafter "DEFENDANT(S)", any money, or were you liable to on any negotiable or other written instrument or did the claim that you owed any money or were liable to for any reason? state the amount of money owed to Defendant(s). If at the time you were served or any subsequent time you owed the Defendant(s) any money, 3. If at the time you were served or at any subsequent time you were liable to the Defendant(s) on any negotiable or other written instrument, state the amount of your liability and attach a copy of the written instrument to your answers. 'NO 4. At the time you were served or any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons, any property of any nature owned in whole or in part by Defendant(s)? any such property. If the answer to question no. 4 is yes, describe the, property held by you and state the value of 6. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendant(s) or any other property in which Defendant(s) held or claimed any interest? value of such property. If the answer to question no. 6 is yes, describe th,.., property so held or claimed, and state the 8. At the time you were served or any subsequent time did you hold as a fiduciary any property in which the Defendant(s) had an interest? If the answer to question no. 8 is yes, describe the property and state the value thereof. 10. At any time before or after you were served did the Defendant(s) transfer or deliver any property to you or any person or place pursuant to your direction or consent, and if so, what was the c°ns;L~,e.'~!i°nt,herefc~'e?~:zc~ d_~c~ i~D "~L.~ ~..)u~.. 4~.~, ~(7~ ~ 11. At any time after you were served did you pay, transfer or deliver any money to the Defenda.,.nt(s) or place pursuant to direction or otherwi,se discha~e any claim of the against you? 12. At any time prior to the time you were served did you owe the Defendant(s) any money or were you liable to Defendant(s) on any negotiable or other written instrument or did the Defendant(s) claim that you owed Defendant(s) any money or were liable to Defendant(s) for any reason? 13. If the answer to question no. 12 is yes, state the most recent time that you owed the Defendant(s) any money or the most recent time that you were liable to Defendant(s) on any negotiable or other wdtten instrument or that the Defendant(s) claimed that you owed Defendant(s) any money or were liable to Defendant(s) for any reason. VERIFICATION , ,.~(3~_~[.i~%""~ of (~I, COU/L~I/C~'~OdC verify that the statements made in the foregoing Interrogatories to Garnishee are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unswom falsification to authorities. Date: Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 30 ! Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 A~omeysforPlaintiff CAMP HILL SCHOOL DISTRICT, Plaintiff V. DAVID SHULTZ and PAMELA SHULTZ, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2400 CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Please enter judgment against Garnishee, Commerce Bank, pursuant to Pa.R.C.P. 3146(b) in the amount of $416.95 together with any other monies of Defendants on deposit with Garnishee, to which Garnishee has admitted in its Answer to Interrogatories which are attached hereto and incorporated herein by reference. Date: ,JOHNSON, DUFFLE, STEWART & WEIDNER By: Michae~J. Cassidy Attorney I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :236604 0025-159 CERTIFICATE OF SERVICE AND NOW, this /-/~-~:l-ay of October, 2004, the undersigned does hereby certify that she did, on this date, serve a copy of the foregoing document upon the other parties of record as follows: By First Class U.S. Mail, r)ostac~e prepaid: David and Pamela Shultz 2015 Harvard Avenue Camp Hill, PA 17011 JOHNS/Q~/[~UFFIE, ,,~,'I-'EW~T & WEIDNER Johnson, Duffle, Stewart & Weidner By; · M~chael J. Cassidy I.D. No. 82164 301 Market Stree'~ P. O. Box Lcmoync, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CAMP HILL SCHOOL DISTRICT : Plaintiff : DAVID SHULTZ and PAMELA SHULTZ, : : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2400 CIVIL ACTION - LAW INTERROGATORIES TO GARNISHEE TO: Commerce Bank 100 Senate Avenue Camp Hill, PA 17011 You are required to file answers to each of the following interrogatories within twenty (20) days after service upon you. You are required to sign the verification page following the Interrogatories. Failure to answer any of the Interrogatories orto sign the verification page shall result in judgment against you. Dated: :234088 JOHNSON, DUFFLE, STEWART & WEIDNER MichaeP~. Cassidy Attorney I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff 1. At the time you were served or at any subsequent time did you owe the Defendants, DAVID SHULT-Z and PAMELA SHULTZ, hereinafter "DEFENDANT(S)", any money, or were you liable to on any negotiable or other written instrument or did the claim that you owed any money or were liable to for any reason? ~, # 0% 2. If at the time you were served or any subsequent time you owed the Defendant(s) any money, state the amount of money owed to Defendant(s). 3. If at the time you were served or at any subsequent time you were liable to the Defendant(s) on any negotiable or other written instrument, state the amount of your liability and attach a copy of the written instrument to your answers. 4. At the time you were served or any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons, any property of any nature owned in whole or in part by Defendant(s)? any such property. If the answer to question no. 4 is yes, describe the property held by you and state the value of 6, At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendant(s) or any other property in which Defendant(s) held or claimed any interest? 7, If the answer to question no. 6 is yes, describe the property so held or claimed, and state the value of such property. 8, At the time you were served or any subsequent time did you hold as a fiduciary any property in which the Defendant(s) had an interest? 9. If the answer to question no. 8 is yes, describe the property and state the value thereof. 10. At any time before or after you were served did the Defendant(s) transfer or deliver any property to you or any person or place pursuant to your direction or consent, and if so, what was the consideration therefore? · · , 11. At any time after you were served did you pay, transfer or deliver any money to the Defendcnt(s) or place pursuant to direction or otherwise dischar, ge any claim of the against you? 12. At any time prior to the time you were served did you owe the Defendant(s) any money or were you liable to Defendant(s) on any negotiable or other written instrument or did the Defendant(s) claim that you owed Defendant(s) any money or were liable to Defendant(s) for any mason? 13. If the answer to question no. 12 is yes, state the most recent time that you owed the Defendant(s) any money or the most recent time that you were liable to Defendant(s) on any negotiable or other written instrument or that the Defendant(s) claimed that you owed Defendant(s) any money or were liable to Defendant(s) for any reason. VERIFICATION that the statements made in the foregoing Interrogatories to Garnishee am true and con-ect to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C;.S. ,~4g04 relating to unswom falsification to authorities. Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CAMP HILL SCHOOL DISTRICT, Plaintiff V. DAVID SHULTZ and PAMELA SHULTZ, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2400 ClVIL ACTION -LAW PRAECIPE TO SA TISFY JUDGMENT AGAINST GARNISHEE: TO THE PROTHONOTARY: Please mark judgment entered against Garnishee, Commerce Bank, in the above- referenced matter as being satisfied. JOHNSON, DUFFLE, STEW~ART & WEIDNER Date: / ~/~ ~./~' f' By: Michael J'. Cassidy csj:237151 0025-159 CERTIFICATE OF SERVICE AND NOW, this ,~ -~¢~d'ay of October, 2004, the undersigned does hereby certify that she did, on this date, serve a copy of the foregoing document upon the other parties of record as follows: By First Class U.S. Mail, postaoe r)reoaid: David and Pamela Shultz 2015 Harvard Avenue Camp Hill, PA 17011 Paula Bowden Commerce Bank 3 Crossgate Drive Mechanicsburg, PA 17050 Carle~n-S. Jensen ~__' ~." ~ ~ ~ ~ ~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriffs Costs: Docketing Poundage . Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL $ $ 18.00 2.22 .50 1.00 22.20 40.00 20.00 9.00 112.92 Sworn and Subscribed to before me E' JJ 1 this~dayof 'CLPI.UJ".) 2004 A.D. 9~~1< () '7ru;h" 1# P th notary Advance Costs: Sheriff s Costs: 112.92 112.92 000.00 Refunded to Atty on 10/2504 .. 1. S~~ . L~ _', ~~ R. ;.~o~as Kline., Sheriff .J B~~McL.cq . (~uJbh l-' ..c. C ~\v. \~~)- l' /..) l~/-, <:'?:)'" \,:P' ;~ .si> ,. ,,-tt "\ '7 ~'''"l 00..... fSf03 r REQUESTING PARTY: Name MICHAEL J. CASSIDY, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER P.O.BOX 109 LEMOYNE, PAl 7043-0109 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ill No. 82164 " WRIT OF EXECUTION andlor A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2400 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAMP HILL SCHOOL DISTRICT, Plaintiff (s) From DAVID SHULTZ AND PAMELA SHULTZ, 2015 HARVARD AVENUE, CAMP HILL, P A 17011 (I) You are directed to levy upon the property ofthe defendant (s)and to sell LEVY UPON (BUT DO NOT TAKE INTO POSSESSION UNTIL REQUESTED BY PLAINTIFF) ALL PERSONAL PROPERTY OF THE DEFENDANTS, DAVID SHULTZ AND PAMELA SHULTZ, INCLUDING, BUT NOT LIMITED TO ALL TOOLS, EQUIPMENT, FURNISHINGS, FUNDS, ACCOUNTS, AND OTHER PERSONAL PROPERTY OF DAVID SHULTZ AND PAMELA SHULTZ, LOCATED AT 2015 HARVARD AVENUE, CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA 17011, AS WELL AS THE FOLLOWING MOTOR VEHICLES(S): A 2001 MONTERO MITSUBISHI SUV REGISTERED TO PAMELA A. SHULTZ, TAG NO. FCD4263, VIN NO. JA4MW31R71J028589; AND A 1995 V AN DEN PLAS JAGUAR SEDAN REGISTERED TO DAVID R. SHULTZ, VIN NO. SAJKXI741SC721238. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 100 SENATE AVENUE, CAMP HILL, PA - ATTACH ALL FUNDS AND ACCOUNTS OF THE DEFENDANTS, DAVID SHULTZ AND PAMELA SHULTZ, ON DEPOSIT WITH COMMERCE BANK, 100 SENATE AVENUE, CAMP HILL, P A, INCLUDING BUT NOT LIMITED TO, THOSE FUNDS HELD IN THEIR CHECKING ACCOUNT, ACCOUNT NO. 536148547 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $18,146.26 Interest (6% APR) - $90.73 Atty's Comm % L. L. $.50 Arty Paid $136.85 Plaintiff Paid Date: AUGUST 25, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary <.aY: ~o, [! 7fr/l./VY' r-- Deputy - .. . '-1),SNN3d j .~. , , ; ~ ' nr ~ 17 ~~i\J i~ H" , ~~W-"\' ... .;jJ\i