HomeMy WebLinkAbout13-0400IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff(s) & Address(es)
Philadelphia Indemnity Insurance Co.
a/s/o Human Achievement Program
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004 Case No. ~3 - r~t7~ Civil Term
vs.
Civil Action
Defendant(s) & Address(es)
Taunya George ~ ~;
c r~..~
~:~
298 Frost Road .
~ "' ~~~ ~°'a
Gardners, PA 17324 %~- ~, ~ ~ ~° ,
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PRAECIPE FOR WRIT OF SUMMONS ~ C° ~~
J EV ~•--
,._i
CT= ,
TO THE PROTHONOTARY/CLERK. OF SAID COURT:
Issue summons in the above case
Writ of Summons shall be issued and forwarded to Sheriff
Date 1/17/13
Signature of Attorney
Print Name: Edward T. Rostick
Address: 104 Lakeside Drive
Southampton, PA 18966
Telephone #: (215) 322-6465 _
Supreme Court ID Number: 32568 _ ___
~ • ~ • ~
WRIT OF SUMMONS
To: Taunya George
YO?i ARE TdOTIF1ED THAT THE ABOVE-NAMED PLAIN S/H VE CO NCED AN
ACTION AU~AINST YOf7. I
0 onota , er , it Division
i
.Date: _/ /.,3 _ by /~
_ Deputy
103.75' PO ATN
~~ ~ _ ~~ X343
O If
R PLAINTIFF
EDWARD T. ROSTICK& ASSOCIATES JF N
EDWARD T. ROSTICK
Attorney ID #32568 2013SEP 16 PM 2: 27
104 Lakeside Drive
Southampton PA 18966 CUMSERLANO COUNTY
(215) 322-6465 PENNSYLVANIA
ero sti ck atro stick.]aw.com
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEAS
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA
a/s/o Human Achievement Program,
vs. Plaintiff CASE NO. 13-0400
TAUNYA GEORGE,
Defendant 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 rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
w
EDWARD T. ROSTICK& ASSOCIATES ATTORNEY FOR PLAINTIFF
EDWARD T. ROSTICK
Attorney ID #32568
104 Lakeside Drive
Southampton PA 18966
(215) 322-6465
erostick Cayo stick law.com.
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEAS
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA
a/s/o Human Achievement Program,
Plaintiff
vs. CASE NO. 13-0400
TAUNYA GEORGE,
Defendant CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff Philadelphia Indemnity Insurance Company is an insurance corporation
organized and existing pursuant to the laws of the Commonwealth of Pennsylvania, with a
business address at One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004.
2. Defendant Taunya George is an adult individual who at all times material hereto
resided at 298 Frost Road, Gardners, PA 17324.
3. Between October 1989 and February 2011 defendant was employed by Human
Achievement Program, Inc. ("Human Achievement") as the office manager.
4. As part of her responsibilities, defendant was responsible for overseeing accounts
payable and receivable, payroll management and other office duties.
5. On or about February 2, 2011 it was discovered that the defendant had engaged in
a course of conduct whereby she misappropriated over $34,000.00.
6. Prior to February 2, 2011 Human Achievement was, despite the exercise of due
diligence, unable to discover or have knowledge of the defendant's misappropriation of funds.
7. As a result of the misappropriation of funds, Human Achievement made a claim
under its insurance policy with the plaintiff, and plaintiff made payment of the claim, less the
applicable deductible and other restitution payments.
I
8. As a result of the misappropriation of the aforesaid funds, defendant pled guilty to
theft by unlawful taking of moveable property, and theft by deception.
9. As part of her sentencing, defendant was ordered to make restitution to the
plaintiff in the amount of$30,787.06.
10. The;loss sustained by the plaintiff's insured and for which plaintiff made payment
resulted from the knowing and intentional misappropriation of funds by the defendant.
11. As a result of the misappropriation of funds, the plaintiff sustained a loss in the
amount it paid to its insured on the claim.
12. Having paid its insured's claim arising out of the aforesaid misappropriation of
funds by the defendant, plaintiff brings this action as subrogee to the rights of its insured.
WHEREFORE, plaintiff Philadelphia Indemnity Insurance Company, as subrogee of
Human Achievement Program, demands judgment in its favor and against defendant Taunya
George in the amount of $30,787.06, together with costs, expenses, and interest herein also
demanded.
EDWARD T. ROSTICK& ASSOCIATES
EDWARD T. ROSTICK
Attorney for Plaintiff
2
4
VERIFICATION
states that he/she is a
of Philadelphia Indemnity Insurance Company; that as
such he/s a is authorized to take this verification on its behalf; and that the facts set forth in the
accompanying Complaint are true and correct to the best of his/her knowledge or information and
belief. These statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
EDWARD T. ROSTICK & ASSOCIATES ATTORNEY FOR PLAINTIFF
EDWARD T. ROSTICK
Attorney ID #32568
104 Lakeside Drive
Southampton PA 18966
(215) 322-6465
erostick( )rosticklaw.corn.
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEAS
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA c (..,
a/s/o Human Achievement Program,
Plaintiff -vim
vs. CASE NO. 13-0400'_ �' '
cn
CD I
TAUNYA GEORGE,
Defendant CIVIL ACTION -LAW
AFFIDAVIT OF SERVICE '
Edward T. Rostick hereby states that he is the attorney for plaintiff in the above-captioned
matter; that as such he is authorized to take this affidavit on plaintiffs behalf, and that on September
21, 2013 he served a true and correct copy of the Complaint in the above matter upon defendant
Taunya George, 298 Frost Road, Gardners, PA 17324, via certified mail and first class mail. Copies of
the letter addressed to the defendant with the tracking number listed and the printout from the USPS
website evidencing delivery of the Complaint upon the defendant are attached hereto collectively as
Exhibit
These statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsifications to authorities.
EDWARD T. ROSTICK& ASSOCIATES
4Va‘ 26 .
EDWARD T. ROSTICK
Attorney for Plaintiff
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EXHIBIT ``A''
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DATE&TIME STATUS OF ITEM LOCATION
September 21,2013',1:57 Delivered , GARDNERS,PA 17324
Pm
September 16,2013,2:55 Notice Left GARDNERS,PA 17324
pm
September 16,2013,8:46 Arrival at Unit ASPERS,PA 17304
am
September 15,2013,6:02 Processed through HARRISBURG,PA 17107
am USPS Sort Facility
September 15,2013 Depart USPS Sort HARRISBURG,PA 17107
Facility
September 14,2013,9:32 Processed through HARRISBURG,PA 17107
pm USPS Sort Facility
September 13,2013 Depart USPS Sort PHILADELPHIA,PA 19176
Facility
September 13,2013,5:32 Processed through PHILADELPHIA,PA 19176
pm USPS Sort Facility
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EDWARD T. ROSTICK& ASSOCIATES- ATTORNEY FOR PLAINTIFF
EDWARD T. ROSTICK k�,,.. � S ?
Attorney ID #32568 s '
104 Lakeside Drive COUNT
Southampton PA 18966 ,Li ,t' .V ' 1
(215) 322-6465
erostick @rosticklaw.com
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEAS
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA
a/s/o Human Achievement Program,
Plaintiff
vs. CASE NO. 13-0400
TAUNYA GEORGE,
Defendant CIVIL ACTION - LAW
PRAECIPE TO ENTER DEFAULT JUDGMENT AND ASSESS DAMAGES
TO THE PROTHONOTARY:
Please enter default judgment in favor of plaintiff and against defendant Taunya George
for failure to answer or otherwise respond to the Complaint.
1. The Complaint was served upon defendant Taunya George on September 21,
2013. A true and correct copy of the Affidavit of Service is attached hereto as Exhibit"A".
2. A Notice of Intention to Take Default was served upon defendant Taunya George
via first class mail on October 18, 2013. A true and correct copy of the Notice is attached hereto
as Exhibit`B".
3. Pursuant to the Notice and attached Certification, defendant Taunya George had
ten days in which to answer the Complaint. The ten-day period expired on October 28, 2013.
Please assess damages against defendant Taunya George in the principal amount of$30,787.06,
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the amount of damages sustained by plaintiff and demanded in paragraph 9 of the Complaint. A
true and correct copy of the Complaint is attached hereto as Exhibit"C".
EDWARD T. ROSTICK&ASSOCIATES
/
f N.i'
„AI
EDWARD T. ROSTICK
Attorney for Plaintiff
EXHIBIT "A"
EDWARD T. ROSTICK & ASSOCIATES ATTORNEY FOR PLAINTIFF
EDWARD T. ROSTICK
Attorney ID #32568
104 Lakeside Drive
Southampton PA 18966
(215) 322-6465
erostick cc.rosticklaw.corn
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEAS
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA
a/s/o Human Achievement Program,
Plaintiff
vs. CASE NO. 13-0400
TAUNYA GEORGE,
Defendant CIVIL ACTION -LAW
AFFIDAVIT OF SERVICE
Edward T. Rostick hereby states that he is the attorney for plaintiff in the above-captioned
matter; that as such he is authorized to take this affidavit on plaintiff's behalf, and that on September
21, 2013 he served a true and correct copy of the Complaint in the above matter upon defendant
Taunya George, 298 Frost Road, Gardners,PA 17324, via certified mail and first class mail. Copies of
the letter addressed to the defendant with the tracking number listed and the printout from the USPS
website evidencing delivery of the Complaint upon the defendant are attached hereto collectively as
Exhibit "A".
These statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn
falsifications to authorities.
EDWARD T. ROSTICK& ASSOCIATES
EDWARD T. ROSTICK
Attorney for Plaintiff
•
Al
•
EXHIBIT `°A"
•
Law Offices
EDWARD T. ROSTICK & ASSOCIATES
A Professional Corporation
104 Lakeside Drive
Southampton PA 18966 • www.rosticklaw.com
(215) 322-6465 erostick@rosticklaw.com
Fax: (215) 322-7085
Sent Certified Mail and First Class Mail
September 13, 2013
Taunya George
298 Frost Road
Gardners, PA 17324
RE: Philadelphia Indemnity Ins. Co. a/s/o Human Achievement v. Taunya George
Case No. 13-0400
Dear Ms. George:
Enclosed find a true and correct copy of a Complaint regarding the above matter, the
original of which was filed with the Court.
Very t, ly yours,
4111114111101
EDWARD T. ROSTICK
ETR:kl
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DATE aTIME STATUS cFITEM LOCATION
September o.zm:'`=r Delivered GARDNERS,PA 17324
pm
September 16.2013 2.55
Notice Left GARDNERS,PA 17324
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September 16,2013,8 46
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Arrival at Unit �
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September 15,2013 6:02 Processed .
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LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES
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•
EXHIBIT "B"
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EDWARD T. ROSTICK & ASSOCIATES ATTORNEY FOR PLAINTIFF
EDWARD T. ROSTICK
Attorney ID #32568
104 Lakeside Drive
Southampton PA 18966
(215) 322-6465
erostick@rosticklaw.com.
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEAS
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA
a/s/o Human Achievement Program,
Plaintiff
vs. CASE NO. 13-0400
TAUNYA GEORGE,
Defendant CIVIL ACTION - LAW
NOTICE OF INTENTION TO TAKE DEFAULT
TO: TAUNYA GEORGE
298 FROST ROAD
GARDNER, PA 17324
DATE OF NOTICE: OCTOBER 18, 2013
IMPORTANT NOTICE
You are in default because you have failed to take action required of you in this case.
Unless you act within ten (10) days from the date of this notice as set forth above, 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 legal help:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
EDWARD T. ROSTICK&ASSOCIATES
414?)W ---
EDWARD T. ROSTICK
Attorney for Plaintiff
•
•
. .
EXHIBIT "C"
EDWARD T. ROSTICK & ASSOCIATES ATTORNEY FOR PLAINTIFF
EDWARD T. ROSTICK
Attorney ID #32568
104 Lakeside Drive
Southampton PA 18966
(215) 322-6465
erostick cr.rosticklaw.com
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEA
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA ut,
a/s/o Human Achievement Program, '°' c"3
rr7 22
Plaintiffs - ,
vs. CASE NO. 13-0400 -��'is-
. � Carr
TAUNYA GEORGE,
Defendant 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 rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
SEP 1 8 ?(16
B Y:
EDWARD T. ROSTICK& ASSOCIATES ATTORNEY FOR PLAINTIFF
EDWARD T. ROSTICK
Attorney ID #32568
104 Lakeside Drive
Southampton PA 18966
(215) 322-6465
erostick@rostickla w.corn
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEAS
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA
a/s/o Human Achievement Program,
Plaintiff
vs. CASE NO. 13-0400
TAUNYA GEORGE,
Defendant CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff Philadelphia Indemnity Insurance Company is an insurance corporation
organized and existing pursuant to the laws of the Commonwealth of Pennsylvania, with a
business address at One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004.
2. Defendant Taunya George is an adult individual who at all times material hereto
•
resided at 298 Frost Road, Gardners, PA 17324.
3. Between October 1989 and February 2011 defendant was employed by Human
Achievement Program, Inc. ("Human Achievement") as the office manager.
4. As part of her responsibilities, defendant was responsible for overseeing accounts
payable and receivable, payroll management and other office duties.
5. On or about February 2, 2011 it was discovered that the defendant had engaged in
a course of conduct whereby she misappropriated over $34,000.00.
•
6. Prior to February 2, 2011 Human Achievement was, despite the exercise of due
diligence, unable to discover or have knowledge of the defendant's misappropriation of funds.
7. As a result of the misappropriation of funds, Human Achievement made a claim
under its insurance policy with the plaintiff, and plaintiff made payment of the claim, less the
applicable deductible and other restitution payments.
8. As a result of the misappropriation of the aforesaid funds, defendant pled guilty to
theft by unlawful taking of moveable property, and theft by deception.
9. As part of her sentencing, defendant was ordered to make restitution to the
plaintiff in the amount of$30,787.06.
10. The loss sustained by the plaintiff's insured and for which plaintiff made payment
resulted from the knowing and intentional misappropriation of funds by the defendant.
11. As a result of the misappropriation of funds, the plaintiff sustained a loss in the
amount it paid to its insured on the claim.
12. Having paid its insured's claim arising out of the aforesaid misappropriation of
funds by the defendant, plaintiff brings this action as subrogee to the rights of its insured.
WHEREFORE, plaintiff Philadelphia Indemnity Insurance Company, as subrogee of
Human Achievement Program, demands judgment in its favor and against defendant Taunya
George in the amount of $30,787.06, together with costs, expenses, and interest herein also
demanded.
EDWARD T. ROSTICK& ASSOCIATES
aveifer470.,
EDWARD T. ROSTICK
Attorney for Plaintiff
2
•
VERIFICATION
P)ober , PiUz n states that he/she is a
j b 0-6 cr aperN )53r of Philadelphia Indemnity Insurance Company, that as
such he/s e is authorized to take this verification on its behalf; and that the facts set forth in the
accompanying Complaint are true and correct to the best of his/her knowledge or information and
belief These statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
EDWARD T. ROSTICK& ASSOCIATES ATTORNEY FOR PLAINTIFF
EDWARD T. ROSTICK
Attorney ID #32568
104 Lakeside Drive
Southampton PA 18966
(215) 322-6465
erosticlarosticklaw.com
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEAS
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA
a/s/o Human Achievement Program,
Plaintiff
vs.
CASE NO. 13-0400
TAUNYA GEORGE,
Defendant CIVIL ACTION -LAW
CERTIFICATION OF SERVICE OF
NOTICE TO ENTER DEFAULT JUDGMENT
On October 18, 2013 a copy of the Notice of Intention to Take Default was served by
first class mail upon defendant Taunya George.
I verify that the facts are true and correct and understand that the statements made in this
Certification have been made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
EDWARD T. ROSTICK&ASSOCIATES
0 i iii of
EDWARD T. ROSTICK
Attorney for Plaintiff
EDWARD T. ROSTICK& ASSOCIATES ATTORNEY FOR PLAINTIFF
EDWARD T. ROSTICK
Attorney ID#32568
104 Lakeside Drive
Southampton PA 18966
(215) 322-6465
erostickna,rosticklaw.com
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEAS
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA
a/s/o Human Achievement Program,
Plaintiff
vs. CASE NO. 13-0400
TAUNYA GEORGE,
Defendant CIVIL ACTION -LAW
AFFIDAVIT OF NON-MILITARY SERVICE
EDWARD T. ROSTICK states that he is counsel of record for plaintiff; that the defendant
resides at 298 Frost Road, Gardner, PA 17324; and that to the best of his knowledge the defendant
is not in the military service of the United States, nor any state or territory thereof or its allies as
defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto.
Affiant further certifies that the address of the plaintiff is One Bala Plaza, Suite 100, Bala
Cynwyd, PA 19004.
These statements are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to
unswom falsification to authorities.
t
Date: /c/i L
EDWARD T. ROSTICK/
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA
TO: TAUNYA GEORGE
298 FROST ROAD
GARDNER,PA 17324
PHILADELPHIA INDEMNITY IN THE COURT OF COMMON PLEAS
INSURANCE COMPANY, OF CUMBERLAND COUNTY, PA
a/s/o Human Achievement Program,
Plaintiff
vs. CASE NO. 13-0400
TAUNYA GEORGE,
Defendant CIVIL ACTION -LAW
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania. you are hereby notified that
a Judgment has been entered against you in the above proceeding as indicated below.
DA ID D. BUELL
othono
(X) Judgment by Default
(, Money Judgment Iy
0 Judgment in Replevin
(� Judgment for Possession 11)8 Ili
(� Judgment on Award of Arbitration
(� Judgment on Verdict
(� Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
Edward T. Rostick, Esquire at this telephone number(215) 322-6465.
BY THE COURT:
I._
Prothonotary/Clerk, Civil Division