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HomeMy WebLinkAbout11-6241SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy %r of G111t1b, ,/,r?r+ 20 10 11 AUG 15 AM 9: '9 5, Richard W Stewart Solicitor CUMBERLAND t 6"J T`i PENNSYLVANIA Caterpillar AccessAccount Case Number vs. R B Hobaugh & Son, Inc. 2011-6241 SHERIFF'S RETURN OF SERVICE 08/10/2011 02:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2011 at 1430 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: R B Hobaugh & Son, Inc., by making known unto Catherine Sholly, Secretary for R B Hobaugh & Son, Inc. at 98 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $44.00 August 11, 2011 TIM 6LA(!K, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ;q 1-01.111.tySuite Shentf. Teieosott. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT Plaintiff V. R B HOBAUGH & SON, INC. Defendant NO. 11-6241 Civil Term ci r-o , MCC X_ -n. CIVIL ACTION-LA4 -Of-r r -<> c ;U a° c? c -ry M ° ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of Defendant, R B Hobaugh & Son, Inc. Please direct all future correspondence regarding this matter to the undersigned. Date: 2011 Craig I. Aldker, Esquire Attorney I.D. No.: 52970 Capozzi & Associates, P.C. 2933 N Front Street Harrisburg, PA 17110-1250 (717) 233-4101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT Plaintiff V. NO. 11-6241 Civil Term CIVIL ACTION-LAW R B HOBAUGH & SON, INC. Defendant NOTICE TO PLEAD TO: Plaintiff, CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT: O -- ) 3 l c YOU ARE HEREBY NOTIFED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. I? Lf ' Date: Craig I. A r, Esquire Attorney I.D. No.: 52970 Capozzi & Associates, P.C. 2933 N. Front Street Harrisburg, PA 17110-1250 (717) 233-4101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATERPILLAR ACCESSACCOUNT NO. 11-6241 Civil Term CORPORATION d/b/a CAT ACCESSACCOUNT Plaintiff V. CIVIL ACTION-LAW R B HOBAUGH & SON, INC. Defendant ANSWER TO COMPLAINT WITH NEW MATTER 1. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the truth or accuracy of averments in this Paragraph of Plaintiff s Complaint, and same are therefore denied. Strict proof is demanded at the time of trial. 2. Admitted. 3. Denied. Defendant denies the validity of any alleged account. Further, this averment is denied as it refers to a written document which speaks for itself. Any characterization thereof is a legal conclusion to which no responsive pleading is required, and the allegations contained in Paragraph 3 of Plaintiff's Complaint are specifically denied. Strict proof thereof is demanded at the time of trial. 4. Denied. Defendant denies the validity of any alleged account. Further, this averment is denied as it refers to a written document which speaks for itself. Any characterization thereof is a legal conclusion to which no responsive pleading is required, and the allegations contained in Paragraph 4 of Plaintiff's Complaint are specifically denied. Strict proof thereof is demanded at the time of trial. 5. Denied. Defendant denies the validity of any alleged account. Further, this averment is denied as it refers to a written document which speaks for itself. Any characterization thereof is a legal conclusion to which no responsive pleading is required, and the allegations contained in Paragraph 5 of Plaintiff s Complaint are specifically denied. Strict proof thereof is demanded at the time of trial. 6. Denied. This averment is denied as a conclusion of law, to which no response is required. Strict proof thereof is demanded at the time of trial. 7. Denied. This averment is denied as a conclusion of law, to which no response is required. Strict proof thereof is demanded at the time of trial. 8. Denied. This averment is denied as a conclusion of law, to which no response is required. Strict proof thereof is demanded at the time of trial. 9. Denied. This averment is denied as a conclusion of law, to which no response is required. Strict proof thereof is demanded at the time of trial. 10. Denied. This averment is denied as a conclusion of law, to which no response is required. Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, R B Hobaugh & Son, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, together with costs of defense. NEW MATTER 11. Defendant hereby incorporates all preceding paragraphs as referenced. 12. Plaintiff has failed to state a claim upon which relief may be granted. 13. Plaintiff s claims may be barred in whole or in part by the applicable statute of limitations. 14. Plaintiff s claims may be barred in whole or in part by accord and satisfaction. 15. Plaintiff's claims may be barred in whole or in part by consent. 16. Plaintiff's claims may be barred in whole or in part by failure of consideration. 17. Plaintiff's claims may be barred in whole or in part by impossibility of performance. 18. Plaintiff's claims may be barred in whole or in part by payment. 19. Plaintiff's claims may be barred in whole or in part by the statute of frauds. 20. Plaintiff's claims may be barred in whole or in part by waiver. 21. Plaintiff's claims may be barred in whole or in part by Plaintiff's failure to mitigate damages. 22. Plaintiff's claims may be barred in whole or in part because the terms of the putative contract are unconscionable or otherwise unenforceable. WHEREFORE, Defendant, R B Hobaugh & Son, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, together with costs of defense. Respectfully submitted, Date 4" Craig I. Adler, Esquire Attorney I.D. No.: 52970 Capozzi & Associates, P.C. 2933 N. Front Street Harrisburg, PA 17110-1250 (717) 233-4101 VERIFICATION I, && ne M. 5k lly, Owner of R B Hobaugh & Son, Inc., do hereby verify that the facts made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to authorities. Date: R B Hobaugh & Son, Inc. / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATERPILLAR ACCESSACCOUNT NO. 11-6241 Civil Term CORPORATION d/b/a CAT ACCESSACCOUNT Plaintiff V. CIVIL ACTION-LAW R B HOBAUGH & SON, INC. Defendant CERTIFICATE OF SERVICE 1 hereby certify that I have served the foregoing Answer with New Matter, and Entry of Appearance, on Plaintiff, by first class, prepaid U.S. Mail addressed as follows: Shawn P. McClure, Esq. Bernstein Law Firm, P.C. 707 Grant Street Suite 2200 - Gulf Tower Pittsburgh, PA 15219 Dated: Craig I. Adler, Esquire Attorney I.D. No.: 52970 Capozzi & Associates, P.C. 2933 N. Front Street Harrisburg, PA 17110-1250 (717) 233-4101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Civil Action No. 11-6241 CIVIL TERM Plaintiff, Vs. R B HOBAUGH & SON, INC., Defendant. C..:d yU PLAINTIFF'S REPLY TO NEW MATTER ' - = FILED ON BEHALF OF - ?_ - Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0075680 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Civil Action No. 11-6241 CIVIL TERM Plaintiff, vs. R B HOBAUGH & SON, INC., Defendant. PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes Plaintiff, Caterpillar Accessaccount Corporation d/b/a Cat Accessaccount, by and through counsel, Bernstein Law Firm, P.C., and files the following Reply to New Matter of Defendant averring in support thereof the following: 11. Paragraph 11 of Defendant's New Matter is an incorporation paragraph to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 12. Paragraph 12 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 13. Paragraph 13 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 14. Paragraph 14 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 15. Paragraph 15 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 16. Paragraph 16 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 17. Paragraph 17 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 18. Paragraph 18 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 19. Paragraph 19 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 20. Paragraph 20 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 21. Paragraph 21 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. 22. Paragraph 22 of Defendant's New Matter states a conclusion of law to which no response is required. To the extent that said allegation is in any way deemed to be an allegation of fact, said allegation is specifically denied, and strict proof thereof is demanded at the trial hereof. WHEREFORE, Plaintiff respectfully requests that Defendants' New Matter be dismissed with prejudice, and that Judgment is entered in favor of Plaintiff pursuant to the averments set forth in Plaintiff's Complaint. Respectfully submitted, BERNSTEIN LAW FIRM, P.C. By: (---)j -1 - Jenni r . Tis, Esquire Attorney for Plaintiff PA I.D. #203751 Suite 2200 - Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 456-8167 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Civil Action No. 11-6241 CIVIL TERM Plaintiff, vs. R B HOBAUGH & SON, INC., Defendant. CERTIFICATE OF SERVICE I, Jennifer L. Tis, Esquire hereby certify that a true and correct copy of the foregoing REPLY TO NEW MATTER was served on the Defendant's attorney, by facsimile and regular U.S. Mail, postage prepaid, this day of??L , 2011, addressed as follows: Capozzi & Associates, P.C. Attn: Craig I. Adler, Esquire 2933 N. Front St. Harrisburg, PA 17110-1250 - (-2/d J fifer L. Tis, Esq. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities, and under penalty of perjury, that he/she is Cad k(e URC(,o?V Jennifer Fye O , Plaintiff herein, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing REPLY TO NEW MATTER are true and correct to the best of his/her knowledge, information and belief. (Sign in Blue Ink) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Caterpillar A.ccessaccount Corporation d/b/a Cat Plaintiff NO. 11-6241 120 11 A.ccessaccount VS. R B Hobaugh * Son, 'Inc. Defendant _- RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in tz6m--- Following form: cn =r -<> N PETITION FOR APPOINTMENT OF ARBITRATORS C3 A >C-) 7-Z ; TO THE HONORABLE, THE JUDGES OF SAID COURT: ? c Jennifer L. Tis, Esquire and Bernstein Law Firm, P.C. counsel for the plaintiff/defendant in the abovE" action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 29,418.25 The counterclaim of the defendant in the action is N/A. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Capozzi & Associates, P.C. Craig I. Adler, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, (;?/ aJA&D`?•00a ORDER OF COURT Ck ? 17 69 AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.J. L: r>A'754-$0 l . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, C-) -, Plaintiff, "! Civil Action No. 2011-6241 m-cu rn =rn r=- vs. c�n.r- -I ..<> , R B HOBAUGH & ON, INC., Q r-�= C < QA Defendant, , and SUSQUEHANNA BANK, Garnishee. PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Defendant: 3. against Garnishee: Susquehanna Bank 271 Market Street,Lemoyne,PA 17043 4. JUDGMENT $29,418,25 Less Payments $(10,000.00)' Interest from 6/8/11 to 4/23/13 at 6%: $ 2,216.92 SUBTOTAL: $21,635.1.7 Costs (to be added by Prothonotary): $ BERNSTEIN-BURKLEY,P.C. Date: April -aV� , 2013 By Jenn' e .Tis,Esquire PA ID#203751 -0 Q Attorney for Plaintiff 1CSb Suite 2200 Gulf Tower UP Pittsburgh, PA 1.5219 BERNSTEIN FILE NO. C0075680 qa.0o t, ,� � x-05• � �a.� . SO LV PRAECIPE FOR WRIT OF EXECUTION—(MONEY JUDGMENTS) P.R.C.P.3101 TO 3149 Etc. IN THE COURT OF COMMON PLEAS OF CATERPILLAR ACCESSACCOUNT ) CUMBERLAND COUNTY,PENNSYLVANIA CORPORATION d/b/a CAT ACCESSACCOUNT, ) Writ No. .................................... Term, 20.......... Plaintiff ) No.6241 Term,2011 VS. ) R B HOBAUGH &SON,INC., Defendant ) Amount due ................ $19,418.25 and ) Interest from 6/8/11........$ 2,216.92 SUSQUEHANNA BANK, Garnishee ) Costs ......................... $ ............................. To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County,Penna. (2) against ..................................................................................................... . Defendant(s); (3) and against SUSQUEHANNA BANK,Garnishee(s); (4) and index this writ (a) against ..................................................................................................................... .............................................................................................Defendan ( ) and is a (b) against .............................................................. .................................................... ................................................................................................... arms e G h e(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property) ANY and ALL BANK ACCOUNTS (5) Exemption has (not)been waived. Dated April Xt,2013 .... .......................... 4- - y for Plaintiffs) NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 31.03(b)(; the county should be indicated. Under Rule 31.03(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4)(a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the Prothonotary. See Rule 3104(b). Paragraph (4)(b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-6241 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT Plaintiff(s) From R B HOBAUGH&SON,INC.,98 HERMAN AVENUE,LEMOYNE,PA 17043 (1) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: SUSQUEHANNA BANK,271.MARKET STREET,LEMOYNE,PA 17043 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) If property 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$19,418.25 Plaintiff Paid$ Interest FROM 6/8/11 TO 4/23/13 AT 6%-$2,216.92 Attorney's Comm. % Law Library$.50 Attorney Paid$205.50 Due Prothonotary$2.25 Other Costs$ Date: "511/2013 J o David D.Buell,Prothonotary 13� / Deputy REQUESTING PARTY: Name :JENNIFER L. TIS,ESQUIRE Address: BERNSTEIN-BURKLEY,P.C. SUITE 2200 GULF TOWER PITTSBURGH,PA 1521.9 Attorney for: PLAINTIFF Telephone: 412-456-8100 Supreme Court ID No. 203751 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Plaintiff, Civil Action No. 2011-6241 M A ca CD R B HOBAUGH & SON, INC., --+rte 98 Herman Avenue ° �° o Lemoyne, PA 17043 =C:) N D J f ) Defendant. TO: Susquehanna Bank 271 Market Street Lemoyne,PA 17043 �nall-ws . IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: B. Herein, the word "defendant" means any one or more of the defendants against whom the Writ of Execution is issued. C. While service of Writ upon the Garnishee attached all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attached all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. D. If any Defendant above named is an individual, and if Social Security funds are directly deposited into an account of the Defendant, the levy and attachment shall not include any funds that may be traced to Social Security direct deposits. E. In your answers to these Interrogatories in Attachment, please state whether the account includes Social Security direct deposits or that you have identified the duns in the account as being from sources other than Social Security direct deposits. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? See answer on attachment. 2. At the time you were served or at 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 solely or in part by the defendant? N®. 3. 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 or in which defendant held or claimed any interest? No. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? No. 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? See answer on attachment . 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? No. 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. Nob 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit in an account in which the fund son deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. MA BERNSTEIN-BURKLEY, P.C. By Jenn' er L. Tis., squire PA ID#203751 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. C0075680 Attachment to Answers to Interrogatories Re: Caterpillar Accessaccount Corporation d/b/a Cat Accessaccount vs. R B Hobaugh & Son, Inc. Docket#: 2011-6241 #1 Answer: Yes,Defendant has one checking account number XYXXXX0050 with an available balance of$23,366.74 under the Writ of Execution. #5 Answer: Prior to service, Defendant received a loan from the bank. The loan is secured by liens against real estate in Lancaster County, Pennsylvania and Cumberland County, Pennsylvania; as well as, all inventory, chattel, papers, accounts, equipment and general intangibles. No payments have been received since service and the loan remains outstanding. VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Garnishee's Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: May 21, 2013 - Catherine M. Bush, Assistant Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CD CORPORATION d/b/a CAT ACCESSACCOUNT, C: -�'cc M Plaintiff, Civil Action No. 2011-6241 ter ' r ` VS. -� -+c R B HOBAUGH & SON, INC., ;; Defendant, ' ' and SUSQUEHANNA BANK, Garnishee. PRAECIPE FOR JUDGMENT AGAINST GARNISHEE BY ADMISSION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOWSKI, JR., ESQUIRE PA ID #311415 BERNSTEIN-BURKLEY, P.C. 707 Grant Street Suite 2200 - Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0075680 S O L#)49i G e#R I o-)b WA u kVAciJed IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Plaintiff, Civil Action No. 2011-6241 VS. R B HOBAUGH & SON, INC., Defendant, and SUSQUEHANNA BANK, Garnishee. PRAECIPE FOR JUDGMENT AGAINST GARNISHEE BY ADMISSION TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, Susquehanna Bank, in the amount of$21,635.12 which is the amount Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in its answers to Interrogatories, which are attached hereto as Exhibit"1." X Defendant is not a natural person and may not claim the $300.00 statutory exemption. Defendant is a natural person and has has not previously claimed the$300.00 statutory exemption. BERNSTEIN-BURKLEY, P.C. By: -y JenWLeis, uire PA Attorney for Plaintiff 707 Grant Street Suite 2200 - Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 I hereby certify that the address of the Plaintiff is: c/o BERNSTEIN-BURKLEY, P.C., Suite 2200 Gulf Tower, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 271 Market Street, Lemoyne, PA 17043 05-21-13 02:31 PM FROM-Susquehanna Bancshares Inc. 717-626-0331 T-477 P.003/007 F-337 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Plaintiff, Civil Action No. 2011-6241 VS. R B HOBAUGH&SON; INC., 98 Herman Avenue Lemoyne,PA 17043 Defendant. TO: Susquehanna Bank 271 Market Street Lemoyne,PA 17043 T1VIPOW17ANT NOTICES TO gARNTSHEE'. A. You are rewired to file answers to the following interrogatories within twenty(20)days after service upon you. Failure to do so may result in judgment against you. B. Herein, the word "defendant"mean.;any one or more of the defendants against whom the Writ of Execution is issued. C. While service of Writ upon the Garnishee attached all property of the Defendant subject to attachment which is then in the hands of the garnishee,it also attached all property of the defendant which comes into the Garnishee's possession thereafter,until Judgment is entered against the Garnishee. For example,the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee,but rather by the amounts deposited and withdrawn during the intervening period. D. If any Defendant above named is an individual, and if Social Security funds are directly deposited into an account of the Defendant, the levy and attachment shall not include any funds that may be traced to Social Security direct deposits. E. In your answers to these Interrogatories in Attaclunent, please state whether the account includes Social Security direct deposits or that you have identified the duns in the account as being from sources other than Social Security direct deposits. EXHIBIT, 05-21-13 02:22PM FROM-Susquehanna Bancshares Inc. 717-625-0331 T-477 P.004/007 F-337 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument,or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? See answer on attachment. 2. At the time you were served or at 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 solely or in part by the defendant? No. 3. 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 or in which defendant held or claimed any interest? NM 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? N�. 5. At any time before or after you were served did the defendant tramsfex or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? See answer on attachment. 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? N�. 7. If you are a bank or outer financial institution,at the time you were served or at any subsequent time did the defendant have on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? Tf so,identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. Nom• 05-21j13 02:32PM FROM-Susquehanna. Bancshares Inc. 717-525-0331 T-477 P.005/007 F-337 8_ If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit in an account in which the fund soap deposit,not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123?If so,identify each account. BERNSTEIN-BURNLEY, P.C. By -.. Jean' er L. Tis., squire PA ID 4203751 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh,PA 15219 (412)456-8100 BERNSTEIN FILE NO. C0075680 05'21='13 O2:32PM FROM-Susquehanna Bancshares Inc. TIT-625-0331 T-477 P.006/007 P-337 Attachment to Answers to Interro at©ties Re.- Caterpillar Accessaccount Corporation d/b/a Cat Accessaccount vs. R D Hobaugh &Son,Inc. Docket#: 2011-6241 #1 Answer: Yes,Defendant has one checking account number XXXXXX0050 with an available balance of$23,366.74 under the Writ of Execution. #5 Answer: Prior to service,Defendant received a loan from the bank. The loan is secured by liens. against real estate in Lancaster County, Pennsylvania and Cumberland County, Pennsylvania; as well as,all inventory, chattel,papers, accounts,equipment and general Intangibles. No payments have been received since service and the loan remains outstanding. 05-21.113 02:32PM FROM-Susquehanna Bancshares Inc. T17-626-0381 T-477 P.007/067 F-337 VERIFICATION 1, Catherine M. Bush, verify that the facts set forth in these Garnishee's Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief; This statement is made subject to the penalties of Section 4904 of the Crimes Code(1$ PA.C.S. § 4904)related to uns'worn falsification to authorities. Dated: May 21;2013 Catherine M. Bush, Assistant Secretary and .Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 a IN THES COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Plaintiff, Civil Action No. 2011-6241 vs. R B HOBAUGH & SON, INC., Defendant, and SUSQUEHANNA BANK, Garnishee. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee Your are hereby notified that the following Order or Judgment wasp 3 entered against you on a90 (xx) Assumpsit Judgment in the amount of$21,635.12,plus costs. ( ) Trespass Judgment in the amount of$ plus costs. ( ) If not satisfied within sixty(60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. Susquehanna Bank (xx) Entry of Judgment of 271 Market Street ( ) Court Order Lemoyne, PA 17043 ( )Non-Pros ( ) Confession (x ) Jud ent Aai inst WiRishee Prothonotary r By: PROTHONOTARY(OR DEPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Plaintiff, Civil Action No. 2011-6241 ' vs. Ci R B HOBAUGH & SON, INC., -v Hof Defendant, CD and Y SUSQUEHANNA BANK, Garnishee. PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO GARNISHEE, SUSQUEHANNA BANK FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOWSKI,JR., ESQUIRE PA ID #311415 Bernstein-Burkley, P.C. Firm#718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0075680 lwk �1' -� U�oZB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Plaintiff, Civil Action No. 2011-6241 VS. R B HOBAUGH & SON, INC., Defendant, and SUSQUEHANNA BANK, Garnishee. PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO GARNISHEE, SUSQUEHANNA BANK ONLY TO THE PROTHONOTARY: At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment as to Garnishee, Susquehanna Bank, only. BERNST IN-BURKLEY, P.C. By: Shawn P. McClure, Esquire PA ID#205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh,PA 15219 (412) 456-8100 Commonwealth of Pennsylvania (412) 456-8100 County of Allegheny BERNSTEIN FILE NO: C0075680 Sworn to and su scj before me this day of June, 2013 I Notary U Farlal Seal 6randl TuW,Notary Public City of Pinburgh,Allegheny County h9 tti�ligAiim ita Uec.28,2014 A999MMON OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Plaintiff, Civil Action No. 2011-6241 vs. R B HOBAUGH & SON, INC., Defendant, and SUSQUEHANNA BANK, Garnishee. CERTIFICATE OF SERVICE I, Shawn P. McClure, Esquire, hereby certify that a true and correct copy of the foregoing PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO GARNISHEE, SUSQUEHANNA BANK ONLY was served on the Defendant and Garnishee by regular U. S. Mail,postage prepaid, this ,2S-'Lday of June, 2013, addressed as follows: R B Hobaugh& Sons, Inc. c/o Craig I. Adler, Esquire Capozzi &Associates,P.C. 2933 N. Front Street Harrisburg, PA 17110 Susquehanna Bank 271 Market Street Lemoyne, PA 17043 Shawn P. McClure, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, = =' Plaintiff, Civil Action No. 2011-6241 C3 W i t VS. CID-'n T C-) R B HOBAUGH & SON INC. W` Defendant. PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOWSKI, JR., ESQUIRE PA ID#311415 Bernstein-Burkley, P.C. Firm#718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0075680 �gs� al' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Plaintiff, Civil Action No. 2011-6241 vs. R B HOBAUGH & SON, INC., Defendant. PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. BERNSTEIN-BURKLEY, P.C. By: Shawn P. McClure, Esquire PA ID#205951 Attorneys for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 Commonwealth of Pennsylvania (412)456-8100 County of Allegheny BERNSTEIN FILE NO: C0075680 Sworn to and subsc before me this Sf June, 201 Not LTM OF PENNSYLVANIA Notarial Seal Brands Tuod,Notary Public City of Pittsburgh,Allegheny County My Commission Expires Dec 28,2014 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CATERPILLAR ACCESSACCOUNT CORPORATION d/b/a CAT ACCESSACCOUNT, Plaintiff, Civil Action No. 2011-6241 VS. R B HOBAUGH & SON, INC., Defendant. i CERTIFICATE OF SERVICE 1, Shawn P. McClure, Esquire, hereby certify that a true and correct copy of the foregoing PRAECIPE FOR SATISFACTION OF JUDGMENT was served on the Defendant by regular U. S. Mail, postage prepaid, this 2� day of June, 2013, addressed as follows: R B Hobaugh & Sons, Inc. c/o Craig 1. Adler,Esquire Capozzi &Associates,P.C. 2933 N. Front Street Harrisburg, PA 17110 Shawn P. McClure, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ��kM of Jody S Smith Chief Deputy rnm Richard W Stewart OFIFICE OF TME:SPEWF ,r— Solicitor C" C-) C:) Caterpillar AccessAccount Case tmb 10 vs. R B Hobaugh&Son, Inc. 2011 641 SHERIFF'S RETURN OF SERVICE 05/1612013 02:02 PM-Wiliam Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights,debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Mary Ellen Ballew, Financial Service, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 20, 2013 to R. B. Hobaugh& Son, Inc., at 98 Herman Avenue, Lemoyne, PA 17043. SHERIFF COST: $86.53 SO ANSWERS, July 03,2013 RbNW R ANDERSON, SHERIFF (c)CountySuito Sheriff,Teleosoft Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f J Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Caterpillar AccessAccount vs. Case Number R B Hobaugh & Son, Inc. 2011-6241 SHERIFF'S RETURN OF SERVICE 05/16/2013 02:02 PM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Mary Ellen Ballew, Financial Service, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 20, 2013 to R. B. Hobaugh &Son, Inc., at 98 Herman Avenue, Lemoyne, PA 17043. 05/28/2013 Attorney filed a notice of judgment or order against Garnishee, Susquehanna Bank, for an assumpsit judgment in the amount of$21,635.12. 12/30/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as SATISFIED. Plaintiffs attorney was able to collect full amount of judgment by way of bank garnishment. SHERIFF COST: $475.81 SO ANSWERS, December 30, 2013 RONNY R ANDERSON, SHERIFF e. f 13 7, C.) 6t. LL r tk. 9137) �2 306 6s