HomeMy WebLinkAbout11-7198FILED-OrFICE
CF THE PROTIHONG TA'R Y
ROBERT D. KODAK, ESQUIRE
KODAK LAW OFFICES, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159
'401 I SEP 16 PM 1; 45D
CUMBERLAND LOOM i ),.
PENNSYI.VANI"",
WEST SHORE COUNTRY CLUB,
Plaintiff
v
IN THE COURT OF C
CUMBERLAND COU
PENNSYLVANIA
NO. //- 71ge
DR. TIMOTHY A. CLARK aka
TIMOTHY A. CLARK,
Defendant(s)
YOU HAVE BEEN SUED IN COURT. If you wish to defend
forth in the following pages, you must take action within twenty
complaint and notice are served, by entering a written appearance
attorney and filing in writing with the court your defenses or objecti
forth against you. You are warned that if you fail to do so the case
you and a judgment may be entered against you by the court without
money claimed in the complaint or for any other claim or relief requ
You may lose money or property or other rights important to you.
CIVIL ACTION - LAW
NOTICE
Attorney for Plaintiff
MON PLEAS OF
t Ut L ?m
against the claim set
(20) days after this
personally or by an
ms to the claims set
nay proceed without
further notice for any
:sted by the plaintiff.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A 'ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE S T FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT (RING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OF ICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES HAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATIO
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
0
9a.o°Pd
??og.a
Avlso
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted de
demandas que se presentan mas adelante en las siguientes pagin,
dentro de los proximos veinte (20) dias despues de la notificacioi
Aviso radicando personalmente o por medio de un abogado una cc
y radicando en la Corte por escrito sus defensas de, y objeccio
presentadas aqui en contra suya. Se le advierte de que si usted
como se describe anteriormente, el caso puede proceder sin usted
suma de dinero reclamada en la demanda o cualquier otra re
solicitado por el demandante puede ser dictado en contra suya por
adicional. Usted puede perder dinero o propiedad u otros derec
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO,
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE It
DE COMO CONSEGUIR UN ABOGADO.
ea defenderse de las
debe tomar accion
de esta Demanda y
nparencencia escrita
es a, las demandas
alla de tomar accion
un fallo por cualquier
amacion o remedio
i Corte sin mas aviso
os importantes para
SU ABOGADO
E0VAYAALA
IACION A CERCA
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE!,UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INF RMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARG 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATIO
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
WEST SHORE COUNTRY CLUB, IN THE COURT OF C MMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,
:'. PENNSYLVANIA
v
NO.
DR. TIMOTHY A. CLARK aka
TIMOTHY A. CLARK,
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, WEST SHORE COUNTRY CLUB, by its attorneys, KODAK LAW
OFFICES, P.C., brings this action of Assumpsit against the Defend nt(s) to recover the
sum of SIX THOUSAND SEVEN HUNDRED SIXTY NINE DOL' RS AND THIRTY
SEVEN CENTS ($6,769.37), along with interest thereon at the stat Tory rate of 6% from
April 1, 2011 upon a cause of action of which the following is a stat ment:
1. The Plaintiff, WEST SHORE COUNTRY CLUB, is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, having its principal
office and place of business at 100 Brentwater Road, Camp Hill, Pennsylvania
17011-2099.
2. The Defendant, DR. TIMOTHY A. CLARK aka TIMOTHY A. CLARK, is an adult
individual residing at 9 SAND PINE COURT, MECHANICSBU G, CUMBERLAND
COUNTY, PENNSYLVANIA 17050.
F:\USER\ADRIENNE\COMM PLEAS CMP & FORMS\COMM PLEAS CMP & FORMS\CCP COMPLAINTS\ WEST SHORE 4UNTRY CLUB 38199.wpd 2
3. On or about May 27, 2008 Defendant Dr. Timothy A. Clark sub itted a Membership
Application to Plaintiff, on behalf of himself, his spouse and h s family. A full family
4.
5
6.
membership was granted to Defendants, a true and correct copy of which is
attached hereto, marked Exhibit "A" and made a part
On the dates, in the amounts, and for the prices set forth in a true and correct copy
of the Plaintiff's Statement of Account hereto attached, mar ed Exhibit "B" and
made a part hereof, Plaintiff, at the special instance request 'of the Defendant(s),
sold and delivered goods, wares and merchandise of the kin and description set
forth on said Exhibit and/or performed labor and provided services of the kind and
description set forth on said Exhibit to the total amount of Six Thousand Two
Hundred Twenty Five Dollars and Twenty Eight Cents ($6,225.28).
The prices charged for said goods, wares and merchandise a d/or labor performed
or services provided, were just and reasonable, were the leg' I and market prices
therefor and were the prices which the Defendant(s) prom
to Plaintiff.
i and agreed to pay
Due to Defendant(s) default in payment, late fees have been a0ded to said account
in the total amount of Five Hundred Forty Four Dollars and NNne Cents ($544.09),
as shown on Exhibit "B" attached hereto and made a part hereof.
F:\ USER\ADRIENNE\COMM PLEAS CMP & FORMS\COMM PLEAS CMP & FORMS\CCP COMPLAINTS\ WEST SHORE C? UNT'RY CLUB 38199.wpd 3
7
8
9.
The balance due and owing by Defendant(s) to Plaintiff is the sum of Six Thousand
Seven Hundred Sixty Nine Dollars and Thirty Seven Cents
by Plaintiff's Statement of Account hereto attached, marked
made a part hereto.
Plaintiffs Invoices are not attached to this pleading due to t
of same and have previously been provided to Defendant(s).
Plaintiff frequently demanded payment from Defendant(s) of
769.37), as appears
as Exhibit "B" and
voluminous nature
amount due and
owing as aforesaid, but Defendant(s) refused and neglected Ond still refuse(s) and
neglect(s) to pay said amount or any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defe
THOUSAND SEVEN HUNDRED SIXTY NINE DOLLARS AND THI
($6,769.37), together with interest as set forth herein.
Respectfully submitted,
KODAK LAW OFFICES,
.. 4ro,v
e D. Kodak, Esquire
.fM, --j- - e 407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1E
(717) 238-7159
Attorney for Plaintiff
ant(s) the sum of SIX
SEVEN CENTS
C.
ID# 18041
F:\USER\ADRIENNE\COMM PLEAS CMP & FORMS\COMM PLEAS CMP & FORMS\CCP COMPLAINTS\ WEST SHORE CPUNTRY CLUB 38199.wpd 4
r
PROPOSAL FOR
Social Security:
Check One: Active Social ? Junior
Legacy: Yes j No
Current USGA Member Yes ? No
Date: 2,9409
Name: jAa a s 14 - Cll?rk ? LAA • /? .
Home Address: t PI r! I %Ae- ! -
1 Y lc.-Ytr [.S b y-e y!j 130S 6
Firm: l eU4-r-4 j P - bvv% (5(
Position: 9,* ids l I cEa
Office Address: 1 a IM,11 ttlVl ; j x V'k
Date of Birth: loom
Spouse's Date of Birth - -4? Education: (optional) IN' - Q
Number of Children: Children's Interest:
Name: C,1P- r1L
Name:
Name:
Name: Your Hobbies:
Spouse's Hobbies: _ a
Club Interests: Spouse Golf
Spouse Name: 11 14
Home Phone: T? -7, 1 --
Email: e
Type of Business: t ?--
How Long? '
Office Pho:
Fax:
Birthplace:
Birthplace:
-121
11,4 - '4 ul - Z-4
Spouse Education: (
Swim Team Ja?'Jr.
Date of Birth:
Date of Birth:
Date of Birth:
Date of Birth:
MU--F ?
M? F?
M? F?
M? F?
Please supply the following confidential information:
Social Events Tennis
This proposal must be MAILED or DELIVERED to:
SECRETARY - WEST SHORE COUNTRY CLUB
100 BRENTWATER ROAD
CAMP HILL, PA 17011
Phone: (717) 761-4530
www.westshorecc.com
V,K • VD
L,-J[--Tennis j
A check payable to West Shore Country Club covering the applicable entrance fee m4st accompany this proposal.
Candidate is well acquainted with the following Members of the West Sf fore Country Club who are
authorized to furnish the Membership Committee with any pertinent information concerning applicant.
Proposed by a tlit, VVLeA- V?-
_ } Name -Printed
v ?'
S gnature (Active Member)
V
Seconded by .V? w` ?7 ?EWIA vl-
Name - Printed
t
Ngnature (Active Member)
Seconded by e. . A" -1b L
,- a - Printed
i ature (Active Member)
I agree to abide by the By-Laws and regulation of the West Shore Country Club. I
that a personal background check and/or credit information may be obtained an
application.
further authorize and agree
used in evaluating my
Signature of Candidate
Address for Newsletters 2-z Q) Z? CA42
and Notices 1
Address for Billing 360 I
(if different from above)
DO NOT WRITE BELOW THIS LINE
Date Received by Membership Committee
Date Posted
Date Approved by Membership Committee
_
Date Approved by Board
Date Membership Effective
Dr Timothy A Clark
9 Sand Pine Court
Mechanicsburg, PA 17050
03/31/,1
101 Activ
Mans FUII 1126
Aarch 01, 2011 BEGINNING BALANCE (C2093 Dr Timothy A Clark)
Aar 10 Minimuml 499 Unused Food Minimum
Aar 31 FixBill 302 Locker-Men
Aar 31 LateChrg LC1 Late Charge - Hse
TOTAL: 0.00
BEGINNING BALANCE (Dues)
75.00
90.00 /
70.60 V
235.60
Aar 31 LateChrg FIN Late Charge - Dues 473.49 '?
Aar 31 Dues 500 Membership Dues/Active 411.00
Aar 31 Install 401 Active Entry Fee Install 208.34
TOTAL: 0.00 1,092.83
PAYMENTS MADE TO THE CLUB SHOULD BE DEPOSITED IN THE DROP BOX C
OFFICE DOOR. WE CANNOT GUARANTEE TIMELY POSTING OF PAYMENTS LEI
CLUB EMPLOYEES OR IN DIFFERENT AREAS OF THE CLUB.
We are still offering direct debit to your checking account as a means
of paying your monthly statement. If you wish to enroll, or have
questions, please call the office.
Due Date for this Billing is
May 31 st 2011
Unused Food ami
House Charges:
Dues:
Total Due:
C2093
941.63
5,827.74
6,769.37
706.03
0.00 0.00 75.00
0.00 0.00 90.00
0.00 0.00 70.60
0.00 0.00 941.63
4,734.91
0.00 0.00 473.49
0.00 0.00 411.00
0.00 0.00 208.34
0.00 0.00 5,827.74
N THE
7 WITH
if $75.00 remaining, to be used by 05/10/2011
1,328.43 1,125.85 1,159.87 918.06 2,237.16 6,769.37
VERIFICATION
I, William K. Beck Gontroner w5L
(name) (title)
of West Shore Country Club, verify that the statements made in the
are true and correct. I understand that false statements herein are
penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to,,
WEST SHONE I;bUNfAY i
By:
Title:
Dated:
ing document
subject to the
B
38199
CLARK
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
w lJ d ?1s ' ? ?
1?1I OCT -7 P11 {
Richard W Stewart
Solicitor
,?)F F . THE
C (J' Of ih]
PENNSY' I/PAN11
West Shore County Club
vs.
Timothy A. Clark, MD
Case Number
2011-7198
SHERIFF'S RETURN OF SERVICE
09/30/2011 04:55 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on
September 30, 2011 at 1655 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Timothy A. Clark, MD, by making known unto Carla J. Dente-Clark, Wife
of Defendant at 9 Sand Pine Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its content:
and at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $38.44
October 05, 2011
Z-= r
RYAN BURGETT, DE
SO ANSWERS,
RON R ANDERSON, SHERIFF
ic; cou l',"Sutc Sheriff. I eloosoft. Inr,.
WEST SHORE COUNTRY CLUB,
v
DR. TIMOTHY A. CLARK aka
TIMOTHY A. CLARK,
Plaintiff
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-7198 CIVIL TERM
CIVIL ACTION - LAW
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TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s), DR. TIMOTHY A. CLARK aka
TIMOTHY A. CLARK, named for failure to file within the required time an Answer to the Complaint in
the above-captioned case and assess the Plaintiff's damages as follows:
Amount claimed in Plaintiff's Complaint ................................ $ 6,769.37
Less payments, if any ................................................. $ 0.00
Interest at the rate of 6% per annum from 4/1/11-11/10/11 (1.11 per diem).. $ 248.15
Total ............................................................... $ 7,017.52
I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed or
delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after the default occurred and
at least ten (10) days prior to the date of the filing of this Praecipe and a copy of the notice(s) is/ are
attached. # 14. oo P u ATTq
7
KODAK LAW OFFICES, P.C. Pt, X5
No-hee "
By
Ro. odak, Attorney for Plaintiff
DATED: Itlt7l l ( Judgment entere nd a e sessed a ove.
Prothonotary
KODAK LAW OFFICES, P.C.
Robert D. Kodak
Jeffrey L. Troutman
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
October 21, 2011
DR TIMOTHY A CLARK
9 SAND PINE CT
MECHANICSBURG PA 17050
Telephone
717.238.7159 x101
Facsimile
717.238.7158
113
RE: West Shore Country Club
VS: Dr. Timothy A. Clark aka Timothy A. Clark
No. 11-7198 Civil Term, Court of Common Pleas, Cumberland County, PA
Our File No. 38199
Greetings:
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith
a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in
said Complaint.
Very truly yours,
KODAK LAW OFFICES, P.C.
cizi eir t ick J(QAC v
RDK/ akr
Enclosures
WILLIAM K BECK
WEST SHORE COUNTRY CLUB
100 BRENTWATER ROAD
CAMPHILL PA 17011-2099
ROBERT D. KODAK, ESQUIRE
rkodak@kodaklaw.com
WEST SHORE COUNTRY CLUB, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v
DR. TIMOTHY A. CLARK aka TIMOTHY A.
CLARK,
NO. 11-7198 CIVIL TERM
CIVIL ACTION - LAW
Defendant(s)
IMPORTANT NOTICE / AVISO IMPORTANTE
TO/ A: DR. TIMOTHY A. CLARK aka Defendant(s) / Defendido(s)
TIMOTHY A. CLARK
DATE OF NOTICE / FECHA DEL AVISO: October 21, 2011
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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.
........ ........ ...... ..... .... ....... .................... .. .... .... .. ......... .... ..... .. . ... .. ....... .. ................. ............... .. .... .. .... .... .... .... .. ... .. .... .. ...... ............... ..... . ......... .. .. ....... ... . . ........ .. .
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR
COMPARENCENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER
CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN
PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE
HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA
SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U
OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO INMEDIATEMENTE.
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
O EZCANOSERVICIOS LEGALES SIN CARGO ORBA O COOS O A PERS NAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
-
WEST SHORE COUNTRY CLUB,
v
DR. TIMOTHY A. CLARK aka
TIMOTHY A. CLARK,
Plaintiff
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-7198 CIVIL TERM
CIVIL ACTION - LAW
TO/ A: DR. TIMOTHY A. CLARK aka Defendant(s) / Defendido/ a, Defendidos/ as
TIMOTHY A. CLARK
You are hereby notified that on NO y 17 , 2011 the following
Judgment has been entered against you in the above-captioned case.
Por este medio se le esta notificando que el
del 2011 el/la
siguiente(Fallo) ha sido anotado en contra suya en el o mencionado en el epigraf .
Date: Fecha :
onotario
judgment entered in the amount of $ 7,017.52
I hereby certify that the name and address of the proper person(s) to receive this notice is:
DR TIMOTHY A CLARK
9 SAND PINE CT
MECHANICSBURG PA 17050
de
Attorney for Plaintiff
Abogado del Demandante
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
WEST SHORE. COUNTRY CLUB, IN THE COURT OF COMMON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
Plaintiff Writ No. Term 20
vs No. 2011-07198 Term 20 11
Amount Due
DR. TIMOTHY A. CLARK aka TIMOTHY 11/17/11 jdmt ............ $ 7,017.52
A C'T .ARK _ Interest from jdmt -1/20/12
9 SAND PINE CT $.64 per diem ............... $ 74.24
MECHANISBURG, PA 17050 Atty's Commission
DEFENDANT(S) 5% statutory rate .......... $ 350.88
Costs to be determined) $
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE, MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania
(2) against DR. TIMOTHY A. CLARK a/k/a TIMOTHY A. CLARK
e en ants ,
(3) and against
• arms ee s ;
(4) and index this writ
(a) against DR. TIMOTHY A. CLARK a/k/a TIMOTHY A. CLARK
Defendant(s) and
(b) against
armsneets),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy):
LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC.,
(5) Exemption has (not:) been waived.
1 A .?
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1 rt . Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Dated 1/17/12 Attorney For Plaintiff (s)
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Under paragraph (1) when the writ is directed to the sheriff of another counts as authorized by Rule 3103(b 1, the county should he indicated
Under Rule 3103(c) a writ issued on a transferred judgment may be directed oni1 to the sheriff of the counic in rNhich issued
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Paragraph (3) (above should be completed only in a named garnishee is to be included in the writ}
Paragraph (4)(a) should be completed only if indexing ofthe executions in the county of insurance, is desired as authorized by Rule 3104( a I When the rNrit issues, u0
.
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 properh in the name of the ?annshee is attached and indexing as a lis pendens is desired- Jee Rule 1 I04(c
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
?v0 2011-7198 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WEST SHORE COUNTRY CLUB Plaintiff (s)
From DR. TIMOTHY A. CLARK a/k/a TIMOTHY A. CLARK - 9 Sand Pine Ct., Mechanicsburg,
PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) A7' THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE,
JEWELRY, ELECTRONICS, SUPPLIES, ETC..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
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 and, 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 $7,017.52 L.L. $.50
Interest from jdmt - 1/20/12 - ($.64 per diem) -- $74.24
Atty's Comm 5 %statutory rate -- $350.88 Due Prothy $2.2S
Atty Paid $175.44 Other Costs
Plaintiff' Paid
Date: 1.'23/12 lavic
David D. Buell, Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name J E F'FREY L. TROUTMAN, ESQUIRE FOR
ROBERT D. KODAK, ESQUIRE
Address: PO Box 11848
Harrisburg, PA 17108
Attorney far: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 53984
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7-_
ROBERT D. KODAK, ESQUIRE
KODAK LAW OFFICES, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159
Attorney for Plaintiff
WEST SHORE COUNTRY CLUB, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
vs I I- ? Iq8
DR. TIMOTHY A. CLARK aka ' NO. -
TIMOTHY A. CLARK,
Defendant(s)
P R A E C I P E
TO THE PROTHONOTARY:
Please AMEND the Writ of Execution in the above-captioned case to add the
Garnishee, SUSQUEHANNA BANK formerly known as Graystone Tower Bank AT: 1196
Walnut Bottom Road, Carlisle, PA 17015-9160.
TO: Cumberland County
Prothonotary
Dated: April 12, 2012
4o?' dak, Attorney for Plaintiff
*rt . Ko
Attorney I.D. No. 18041
4.5o PU AlT'I
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AMENbeb
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 2011-7198 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WEST SHORE COUNTRY CLUB Plaintiff (s)
From DR. TIMOTHY A. CLARK a/k/a TIMOTHY A. CLARK - 9 Sand Pine Ct., Mechanicsburg,
PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE,
JEWELRY, ELECTRONICS, SUPPLIES, ETC..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows: n
5usq uEffAl?wA BANK, 1l4(o i Wnut Hof kn-RocxJ, ?rttste PA Ida S- 91(x0
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 $7,017.52 L.L. $.50
Interest from jdmt - 1/20/12 - ($.64 per diem) -- $74.24
Atty's Comm 5 %statutory rate -- $350.88 Due Prothy $2.25
Arty Paid $ 175.44 Other Costs
Plaintiff Paid
Date: 1/23/12 David D. Buell, Prothonotary
(Seal)
Deputy
v
REQUESTING PARTY:
Name JEFFREY L. TROUTMAN, ESQUIRE FOR
ROBERT D. KODAK, ESQUIRE
Address: PO Box 11848
Harrisburg, PA 17108
Attorney for: PLAINTIFF 110`x' Arpri (, a01-9
Telephone: 717-238-7159 Arne,e? Gl?'
Supreme Court ID No. 53984 `?- ?• r-7'-
WEST SHORE COUNTY CLUB,
v
Plaintiff
DR. TIMOTHY A. CLARK aka
TIMOTHY A. CLARK,
Defendant(s)
vs
SUSQUEHANNA BANK, formerly
known as Graystone Tower Bank,
IN THE COURT OF COMMON MIA S
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CUMBERLAND COUNTY, =
PENNSYLVANIA
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NO: 2011-07198 -?
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TO: GARNISHMENT ADMIN / LEGAL DEPT.
SUSQUEHANNA BANK
1196 WALNUT BOTTOM ROAD
CARLISLE, PA 17015-9160
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:
1. At the time you were served, or at any subsequent time, did you owe the
defendant(s) above-listed, DR. TIMOTHY A. CLARK aka TIMOTHY A. CLARK or any
other account(s) under Defendant(s) name(s), and/ or otherwise, any money or were you
liable to the defendant (s) 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? (If yes, please describe.)
ANSWER: Defendant has one individually held checking account number
XXXXXX2576 and one checking account number XXXXXX2211 jointly held
with Carla J. Dente-Clark with a combined available balance which is
less than the general monetary exemption.
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 (1) or more other persons and/ or entities, any property of any nature owned solely or
in part by the defendant(s)?( If yes, please describe.)
ANSWER: 110%
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(s) held or claimed any interest? (If yes, please describe.)
ANSWER: I4hk
4. At the time you were served, or at any subsequent time did you hold as fiduciary,
any property in which the Defendant(s) had an interest?
ANSWER: ft
5. At any time before or after you were served did the. defendant(s) 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 therefor?
ANSWER: Prior to service, the defendant received loans from the
bank. The loans are secured by liens against real estate in
Cumberland County, Pennsylvania. The loans remain outstanding and
no payments have been received since service.
6. At any time after you were served, did you pay, transfer or deliver any money
or property to the defendant(s) or to any person or place pursuant to the defendant's
direction or otherwise discharge any claim of the defendant(s) against you? (If yes, please
describe.)
ANSWER: Garnishee has allowed debits up to the $300 exemption.
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 funds 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.
ANSWER: mft
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, 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.
ANSWER: See answer to interrogatory 1 above.
KODAK LAW OFFICES, P.C.
?
14
o rt . Kodak, Esquire
PVI y
Attorney for Plaintiff
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Supreme Court ID No. 18041
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: April 19, 2012
Catherine M. Bush,
Assistant Secretary and
Legal Counsel
Susquehanna Bank
26 North Cedar Street
Lititz, Pa 17543
(717) 625-6273
WEST SHORE COUNTRY CLUB,
Plaintiff
v
DR TIMOTHY A. CLARK aka
TIMOTHY A. CLARK,
Defendant(s)
v
SUSQUEHANNA BANK,
Garnishee
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2011-07189
-
'
CIVIL ACTION - LAW
C) CD
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PRAECIPE
Please dissolve the Garnishment issued against SUSQUEHANNA BANK,
Garnishee in the above-captioned matter.
TO: Cumberland County
Prothonotary
Dated: April 25, 2012 &11.4
!A"kn, _M8y
Abgrt . Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
F ILA;;;.)-'uF!- t-
?J,7 THE
2012 MAY -7 PM 12: 50
Richard W Stewart
Solicitor
CUMBERLAND COUNTY
PENNSYLVANIA
West Shore County Club Case Number
vs.
Central Pennsylvania Pulmonary Associates, LLC c/o Timothy Clark (et al.) 2011-7198
SHERIFF'S RETURN OF SERVICE
04/18/2012 09:10 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 18, 201;
at 0910 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the
within named defendant, to wit: Dr. Timothy A. Clark a/k/a Timothy A. Clark, in the hands, possession, or
control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle,
Cumberland County, Pennsylvania 17013, by handing to Tami L. McKee, Financial Service Representative
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 April 19, 2012 to Dr. Timothy A. Clark a/k/a
Timothy A. Clark at 1401 English Drive, Mechanicsburg, PA 17050.
SO ANSWERS,
April 19, 2012 RON R ANDERSON, SHERIFF
Noah Cline, Deputy
W Gou l+ Suite Sh.enff I elec ott. b...;.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
.y R Anderson
,riff
,ody S Smith
Chief Deputy
Richard W Stewart
Solicitor
1J, -
'p AM 1,:
West Shore County Club
vs.
Central Pennsylvania Pulmonary Associates, LLC c/o Timothy Clark (et al.)
Case Number
2011-7198
SHERIFF'S RETURN OF SERVICE
02/08/2012 06:48 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Writ of Execution
and Claim for Exemption Form to a person representing themselves to be CARLA CLARK (WIFE), who
accepted as "Adult Person in Charge" for the within named Defendant, to wit: Timothy A Clark at 9 Sand
Pine Court, Hampden Township, Mechanicsburg, PA W050, informed person of contents of same. Letter
mailed to defendant on 02-10-12.
A levy was not done at this time as defendant does not live at this residence; he and wife are separated.
Defendant is residing at 1405 English Drive, Mechanicsburg, PA 17055.
04/18/2012 09:10 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 18,
2012 at 0910 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Dr. Timothy A. Clark a/k/a Timothy A. Clark, in the hands,
possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania 17013, by handing to Tami L. McKee, Financial Service
Representative 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 April 19, 2012 to Dr. Timothy A. Clark a/k/a
Timothy A. Clark at 1401 English Drive, Mechanicsburg, PA 17050.
06/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned STAYED, per request from plaintiff's attorney.
SHERIFF COST: $131.97 SO ANSWERS,
June 18, 2012 RON R ANDERSON, SHERIFF
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