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HomeMy WebLinkAbout05-1457MCSHANE & HITCHINGS, LLC Plaintiff, VS. GEORGE, SEIDLE, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- 1,1497 CIVIL ACTION ENTRY OF APPEARANCE PRAECIPE FOR ASSESSMENT OF DAMAGES AND CONFESSION OF JUDGEMENT TO THE PROTHONOTARY: Kindly enter our appearance for and on behalf of the Defendant above named. Pursuant to the authority in the Warrant of Attorney, the original or a copy of which is attached to the Complaint filed in this action, I hereby appear for the Defendant in this matter, George Seidle, Jr., and confess judgment authorized, in favor of the Plaintiff and against the Defendant for Seven Hundred and Ninety Four Dollars and Fifty Cents ($794.50), plus interest from March 7, 2005 add at a rate of 6% per annum. submitted, Date: ?l I N McShane, Esquire I.D.# 87919 481 ? Jonestown Road Suit 125 Pennsylvania 17109 #717-657-3900 Attorney for Plaintiff MCSHANE & HITCHINGS, LLC Plaintiff, vs. GEORGE SEIDLE, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- P49` CIVIL ACTION CO. t C`T COMPLAINT AND NOW COMES, the Plaintiff, McShane & Hitchings, LLC, by and through its undersigned Attorney, Justin J. McShane, Esquire and avers in support of this Complaint against Defendant as follows: 1. The Defendant, George Seidle, Jr., is an adult individual residing at 813 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 2. Plaintiff, McShane & Hitchings, is a Limited Liability Corporation with an address of 4811 Jonestown Road, Suite 125, Harrisburg, Dauphin County, Pennsylvania 17109. 3. A true and correct copy of the Warrant of Attorney is attached. 4. Judgment by confession is not being entered against a natural person in connection with a consumer credit transaction. 5. The Warrant has not been assigned. 6. Judgment has not been entered on the instrument in any jurisdiction. 7. Defendant has defaulted on the agreement by failing to pay three hundred and fifty dollars ($350.00) on December 3, 2004. Efforts to obtain payment have not been fruitful. 8. This action is being filed in Cumberland County pursuant to the Warrant of Attorney as that is the County in which the Defendant resides. 9. The Defendant now owes three hundred and fifty dollars ($350.00) in payments, a ten percent (10%) penalty of thirty five dollars ($35.00), two hundred twenty five dollars ($225.00) in collection fees and one hundred and eighty-four dollars and fifty cents ($184.50) in filing fees as agreed upon in the Warrant of Attorney. 10. Wherefore, Plaintiff demands that judgment be entered against the Defendant in a sum of seven hundred ninety four dollars and fifty cents ($794.50) as authorized by the Warrant of Attorney. WHEREFORE, Plaintiff, McShane & Hitchings, LLC, requests that this Honorable Court, enter judgment in its favor and against the Defendant in an amount of Seven Hundred and Ninety Four Dollars and Fifty Cents ($794.50), plus costs, fees, interest at a rate of 6% per annum and other such relief as the Court deems appropriate under the circumstances. Respectfully submitted, McShane & JlitchinLm LLC Date: / Atto ey I .D.# 87919 4811 nestown Road S+it6125 Harrisburg, Pennsylvania 17109 #717-657-3900 Attorney for Plaintiff MCSHANE & HITCHINGS, LLC ATTORNEYS AT LAW 4807 Jonestown Road Suite 242 Justin J. McShane Harrisburg, Pennsylvania 17109 Justin( 1866mcshane.com (717) 657-3900 Joseph L. Hitchings Fax: (717) 657-2060 Jlh.la w(@,vet'i zon.n et Erin M. Zimmerer Zimmerer955( hotmaiLcom November 22, 2004 Judy B. Cohen Legal Assistant Heather M. Maynard Legal Assistant Non-Refundable Retainer Agreement and Agreement on Fees-Time Payment Option Dear Mr. Seidle: You have asked my firm and I to act as Michael Sitzer's attorney in connection with the below enumerated matter. I accept the representation on the terms set forth below: 1. I will represent you to the best of my ability in the matter, but can not guarantee that the matter will be resolved to your satisfaction, I shall keep you fully informed as to the progress of your case. I will be available to you by telephone or in person for consultation. If no one is available when you telephone, your call will be returned promptly. 2. You agree to pay my firm an initial retainer fee of four hundred dollars ($400), which is paid to me as consideration for my agreement to become your attorney and assuring my future availability in your matter. This retainer fee is not refundable under any circumstances, is earned by me upon receipt, and represents the minimum fee for the services to be rendered. It is retained even upon your termination of my services. 3. You agree to pay a flat fee on an a la carte schedule for my services on a per event basis. This means that all representation will cease at the end of representation for the event listed below. You have agreed to pay a sum of three hundred ($300) for my representation in Michael Sizer's preliminary hearing currently pending before DJ Shugars. The total fee in this matter would be seven hundred and fifty dollars ($750). Some of the work on your case will be done at rates by other attorneys or paralegal assistants or law students under my personal supervision. You will be billed for their services at their standard rates if necessary. It is impossible to determine in advance the amount of time that will be required to bring your case to a conclusion. I assure you that I will proceed in an expeditious and efficient fashion and will consult with you in advance if any exceptional activity is necessary. I expect and require prompt payment of these bills and reserve the right to terminate my relationship with you should you fail to pay on time. 4. In the event that McShane and Hitchings, LLC is required to institute any legal action for collection of our agreed upon fees or costs, you agree to pay additional reasonable fees, costs and the value of my time in bringing such an action. McShane and Hitchings, LLC will charge one 1-866-MCSHANE CENTRAL PENNSYLVANIA'S ONLY CRIMINAL DEFENSE ATTORNEY AVAILABLE 24 HOURS A DAY SEVEN DAYS A WEEK hundred and fifty dollars ($150) per hour in any attempt to recover fees. By signing this document you agree to this fee. In the event, that we accept a credit card, debit card, draft or check in your case and that credit card, debit card check or draft is returned for Non-sufficient funds, a charge back instituted by the payor or other method of denial of payment for any reason or no reason at all, you agree that your account will become immediately due in full and you will be assessed a forty dollar ($40) returned item fee as well as a twenty dollar ($20) processing fee. This money will be due by you regardless of whether or not a third party is paying this fee or co- signs this instrument, 5. Costs will be incurred by me in my handling of this matter. Costs are out-of-pocket expenses, and can include such items as filing fees, fees for subpoena servers, transcripts (including the stenographer's appearance fee), investigators, appraisers and accountants, excessive telecopying and photocopying, and excessive postage. They do not include charges for clerical or secretarial time which are part of my flat fee. These costs are your responsibility and will be itemized and billed on a bimonthly basis. 6. The payment of the non-refundable retainer will not include any other appearance in court. You are required to pay an additional sum for additional appearances or actions. I also agree that by signing this agreement that any subsequent agreements for services in the future are valid regardless of whether or not I sign that subsequent agreement. In other words, once I pay on any subsequent agreement regardless of whether or not I sign the agreement, I intend to be bound according to the terms and conditions in this agreement except for the money. By paying any amount I agree to the fee proposed even if no signature on a subsequent agreement is obtained. 7. The payment of any money does not include the filing of omnibus pretrial motions or bail modification motions. This payment does not include appearances attendant to bail modification hearing (e.g., bail forfeiture hearings, bail revocation hearings). This payment does not include the filing of motions to reduce or reinstate bail. This payment does not include any sort of appellate work including but not limited to direct appeals as of right, discretionary appeals, interlocutory appeals, Petition for Allowance of Appeal and Post Conviction Relief Act (PCRA) petitions. 8. Should you as the client fail to appear at a hearing or required court appearance, by your absence, you will have agreed to forfeit the money paid for that appearance to McShane and Hitchings, LLC and will be required to pay a new fee for further representation. Further, you will be assessed a charge of five hundred dollars ($500) on top of the non-refundable retainer fee as new legal fees if you miss a hearing and McShane and Hitchings, LLC attends it regardless of whether or not a warrant is issued. This agreement shall become effective and my representation will commence upon my receipt of a signed copy of this letter and the specified fee below. With said endorsement and payment, you signify that you agree to all the terms and conditions contained herein. 1-866-MCSIIANE CENTRAL PENNSYLVANIA'S ONLY CRM4INAL DEFENSE ATTORNEY AVAILABLE 24 HOURS A DAY SEVEN DAYS A WEEK TIME PAYMENTS McShane and Hitchings, LLC accepts your request for time payments at the following schedule: Your first payment will be made on the November 22, 2004 in the amount of four hundred dollars f ($400). The second payment on the balance of the monies owed will be due on December 3, 2004 by no later than three o'clock in the afternoon (3 p.m.). This would be a payment of three hundred and fifty dollars ($350). In the event of non-payment or untimely payment, all efforts on your behalf by this firm will cease and you will be charged a late payment fee of ten percent (10%). In addition, the entire balance outstanding will come due immediately with a fee assessed at ten percent (10%) as a penalty. As mentioned previously, in the event McShane and Hitchings, LLC is required to institute any legal action for collection of our agreed upon fees or costs, you agree to pay additional reasonable fees, costs as well as the value of McShane and Hitchings, LLC's time in bringing such an action. McShane and Hitchings, LLC will charge one hundred and fifty dollars ($150) per hour in any attempt to recover fees. By signing this document you agree to this fee. Additionally, by signing this agreement you agree that if you were to default for any reason you assert a dual recognition that: (1) You acknowledge that you intentionally obtained services for yourself or for another which you know is available only for compensation and (2) that you intend to permanently deprive McShane and Hitchings, LLC of the balance of the monies accumulated and due. Please execute a copy of this agreement where indicated below and return to McShane and Hitchings, LLC with a check, money order, cash or credit card transaction for McShane and Hitchings, LLC's fee outlined above. Very truly yours, McShane and Hitchings, LLC Erin . Z mmerer, quire Associate By signing this document, I assert that I have read and fully understand all of the provisions and conditions contained within. Further, I assert that I agree knowingly, intelligently, and voluntarily to these terms and conditions outlined above. Finally, I acknowledge that this 1-866-MCSHANE CENTRAL PENNSYLVANIA'S ONLY CRIMINAL DEFENSE ATTORNEY AVAILABLE 24 HOURS A DAY SEVEN DAYS A WEEK document contains the full and complete understanding between the parties and that no amendments to this agreement will be permitted unless promulgated in writing and signed by the parties. // b Date Surety, Ck , or Co-signer o ebt 1-866-MCSHANE CENTRAL PENNSYLVANIA'S ONLY CRIMINAL DEFENSE ATTORNEY AVAILABLE 24 HOURS A DAY SEVEN DAYS A WEEK WARRANT OF ATTORNEY: In event of default which is measured by a failure to make a timely payment as outlined above and to secure the payment of credit given and in acknowledgement for the debt outlined above, I hereby empower the Prothonotary of any court with proper jurisdiction and authorize irrevocably, any attorney of any Court of Record to appear in any court with proper jurisdiction for McShane and Hatchings, LLC at any time hereafter; and confess a judgment without process, in favor of McShane and Hitchings, LLC for such amount as may appear to be unpaid thereon, whether due or not together with reasonable attorney's fees calculated at a rate of ten percent (10%) of the debt owed, court costs, sheriff s fees and bond costs and to waive and release all errors which may intervene in any such proceedings and to consent to immediate execution upon such judgment hereby ratifying and confirming all that said attorney may do by virtue hereof. I also waive the right of inquisition of any real estate levied on, voluntarily condemns the same, authorizes the Prothonotary or clerk to enter the writ of execution on said voluntary condemnation, I agree that said real estate may be sold on a writ of execution, and also waive and release all relief from any and all appraisement, stay or exemption law of any state now in force or enacted in the future. I acknowledge that the authority and power to appear for and enter judgment against me will not be exhausted by any single exercise of the authorized power, and the same may be exercised from time to time as often as the holder deems necessary or desirable; and this instrument will be a sufficient warrant. I expressly waive presentment, demand, notice, protest and all other demands and notices in connection with the delivery, acceptance, performance, default or enforcement of this Acknowledgement of Debt, and an action for any amounts due and unpaid shall therefore accrue immediately. WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU HAVE AGAINST THE CREDITOR WHETHER FOR FAILURE ON THEIR PART TO COMPLY WITH THE AGREEMENT, OR FOR ANY OTHER CAUSE. 1 agree that this document constitutes the full and complete understanding of the parties. No other provisions exist oral or otherwise. This Agreement may only be amended or modified by a written instrument executed by the parties. 1-866-MCSIIANE CENTRAL PENNSYLVANIA'S ONLY CRIMINAL DEFENSE ATroRNEY AVAILABLE 24 HOURS A DAY SEVEN DAYS A WEEK This Agreement will be construed in accordance with and governed by the laws of the Commonwealth of Pennsylvania and be litigated before the Dauphin County Court of Common Pleas. The parties acknowledge that this Agreement is reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any of the provisions of this Agreement to be too broad to be enforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, bearing in mind that it is my intention to give McShane and Hitchings, LLC the broadest possible enforcement possible to collect the debt above outlined. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the parties. Having fully read and understood the above and in full contemplation of the consequences, I hereby knowingly, intelligently and voluntarily enter into this agreement. I acknowledge that no threats, promises or other forms of coercion have been used in securing my signature. Executed this pS-day of 2004 at 4807 Jonestown Road, Suite 242, Harrisburg, PA 17112 Signed: u\' _ • ) ) \A(V\A 100, Witnessed: &ZAZ 1-866-MCStiANE, CENTRAL PENNSYLVANIA'S ONLY CRIMINAL DEFENSE ATTORNEY AVAILABLE 24 HOURS A DAY SEVEN DAYS A WEEK IMPORTANT NOTICE McShane & Hitchings, LLC utilizes the services of a Consumer Collection Agency, otherwise known as a "Collection Agency," for accounts that are past due. By signing this fee agreement you consent to having materials in the possession of McShane & Hitchings, LLC necessary to collect on this debt be released to the "Collection Agency" used by McShane & Hitchings, LLC. Such information may include, but is not limited to any and all contact information (e.g., telephone numbers, addresses) as well as a copy of this fee agreement and payment history. Furthermore, you agree to hold McShane & Hitchings, LLC harmless for any actions taken by the Collection Agency while enforcing this agreement. You further agree to a flat rate of one and one half hours (1 '/z) that would be spent by McShane & Hitchings, LLC in forwarding this matter to the Collection Agency. The specific Collection Agency employed by McShane & Hitchings, LLC is subject for change with no prior notice given to you. Having read all of the above, I knowingly, intelligently, and voluntarily acknowledge and consent to the above listed terms. I?I?Iwvx - Signaffi 1-866-MCSI3ANE CENTRAL PENNSYLVANIA'S ONLY CRu nNAL DEFENSE ATTORNEY AVAILABLE 24 HOURS A DAY SEVEN DAYS A WEEK MCSHANE & HITCHINGS, LLC, Plaintiff, vs. GEORGE SEIDLE, JR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- CIVIL ACTION VERIFICATION I, Erin M. Zimmerer, an Associate for McShane & Hitchings, LLC, Plaintiff, in the above-captioned matter, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. Section 4904 relating to unsworn falsification to authorities. Y vw? Erin M. Zimm rer MCSHANE & HITCHINGS, LLC Plaintiff, VS. GEORGE, SEIDLE, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- CIVIL ACTION TO THE HONORABLE JUDGES OF SAID COURT: CERTIFICATE OF SERVICE I, Justin J. McShane, Esquire, hereby certify that the following service has been completed in compliance with the Rules of Civil Procedure: Via first class mail: George Seidle, Jr. 813 Wertzville Road Enola, PA 17025 Atto ey IDS 87919 At rney for the Petitioner I 1 Jonestown Road Suite 125 Harrisburg, PA 17109-1739 Telephone: 717-657-3900 Facsimile: 717-657-2060 ? ? ? ?' ? d r? ?. ,, ??' G . ? ? ? , ?? ?` ? ? . _ -L? ,: ? ?- PRAECIPE FOR WRIT OF EXECUTION P. R. C. P. 3101 TO 3149 MCSHANE AND HITCHINGS, LLC and Erin M. Zimmerer, Esq. 4811 Jonestown Road, Suite 125 Harrisburg, PA 17109 Plaintiffs, V. George Seidle, Jr 813 Wertzville Road Enola PA, 17025 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. D S /q f 1 Ot. G 1? CIVIL ACTION - EQUITY 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 George Seidle, Jr., 813 Wertzville Road, Enola, PA 17025. (3) and against the following Gamishees: N/A (4) AMOUNT DUE $610.00 INTEREST FROM FEBRUARY 25, 2005 $ COSTS TO BE ADDED 5184.50 (5) and index this writ (a) George Seidle, Jr., 813 Wertzville Road, Enola, Cumberland County, PA 17025 (b) against Garnishee (s), as a lis pendens against the real property of the Defendant in the name of the Gamishees as follows: all that certain tract of land situate in Cumberland, known as 813 Wertzville Road, Enola, Cumberland County, PA 17025. (6) Exemption has (not) been waived. (7) Amount due: $794.50. (8) Please have the Sheriff levy upon any and all personal property of George Seidle, Jr., 813 Wertzville Road, Enola, Cumberland County, PA 17025, including any automobiles or other vehicles. Respectfully submitted, MCSHANE & HITCHINGS, LLC Justin J. p9hane, Esquire Attorn fD, #87919 {Ltllmey for Plaintiffs 481'1 Jonestown Road, Suite 125 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 °f- I' n IL C"-) w / Zi) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-1457 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MCSHANE AND HITCHINGS, LLC., Plaintiff (s) From GEORGE SEIDLE, JR., 813 WERTZVILLE ROAD, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell AND LEVY UPON ANY ALL PERSONAL PROPERTY OF GEORGE SEIDLE, JR., 813 WERTZVILLE ROAD, ENOLA, PA 17025, INCLUDING ANY AUTOMOBILES OR OTHER VEHICLES. (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 gamishee(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 $610.00 L.L. $.50 Interest FROM 2/25/05 Atty's Comm % Due Prothy $1.00 Any Paid $37.00 Other Costs Plaintiff Paid Date: MARCH 18, 2005 CURTIS R. LONG Prothonotaa (Seal) /(j) 2. o lD/lit Deputy REQUESTING PARTY: Name JUSTIN J. MCSHANE, ESQUIRE Address: 4811 JONESTOWN ROAD, SUITE 125 HARRISBURG, PA 17109 Attorney for: PLAINTIFF Telephone: 717-657-3900 Supreme Court ID No. 87919 R. Thomas Kline, Sheriff, who being duty sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 12.20 Advertising Law Library .50 Prothonotary 1.00 Mileage 10.36 Surcharge 20.00 Levy Certified Mail Post Pone Sale Garnishee Postage .74 TOTAL $ 62.80 Advance Costs: 150.00 Sheriffs Costs: 62.80 $ 87.20 Refunded to Atty on 05/18/05 Sworn and Subscribed to before me This 21 "'dayof 'ht 2005 A.D. 0 onotary ?r. ?o ? ci s? daw soaz So Answers; 4 R. T omas Kline, Sheriff ft N-3 y Claudia A. Brewbaker =q,, r. ???./Lv321 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-1457 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MCSHANE AND HITCHINGS, LLC., Plaintiff (s) From GEORGE SEIDLE, JR., 813 WERTZVILLE ROAD, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell AND LEVY UPON ANY ALL PERSONAL PROPERTY OF GEORGE SEIDLE, JR., 813 WERTZVILLE ROAD, ENOLA, PA 17025, INCLUDING ANY AUTOMOBILES OR OTHER VEHICLES. (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 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 hirdber that hc'she has been added as a garnishee and is enjoined as above stated. Amount Due $610.00 L.L. $.50 Interest FROM 2/25/05 Any's Comm % Due Prothy $1.00 Arty Paid $37.00 Other Costs Plaintiff Paid Date: MARCH 18, 2005 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name JUSTIN J. MCSHANE, ESQUIRE Address: 4811 JONESTOWN ROAD, SUITE 125 HARRISBURG, PA 17109 Attorney for; PLAINTIFF Telephone: 717-657-3900 Supreme Court ID No. 87919 MCSHANE & HITCHINGS, LLC Plaintiff, VS. GEORGE SEIDLE, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1457 CIVIL ACTION SETTLEMENT AGREEMENT AND NOW THIS 18`h day of May, 2005 comes, McShane & Hitchings, LLC and George Seidle, Jr., individually (hereinafter "Seidle"), and enter into the following Settlement Agreement. WHEREAS, McShane & Hitchings, LLC did work and performed services for Seidle in Michael Sizer's pending Criminal matter; and WHEREAS, certain disputes have arisen between the parties regarding compensation owed to McShane & Hitchings, LLC; and WHEREAS, McShane & Hitchings, LLC filed suit against Seidle in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 05-1457 and WHEREAS, McShane & Hitchings, LLC entered a Warrant of Attorney against Seidle in the Prothonotary's Office of the Court of Common Pleas of Cumberland County, Pennsylvania docketed at number 05-1457 in the amount of seven hundred ninety four dollars and fifty cents ($794.50), as well as costs; and WHEREAS, the parties have reached an agreement to settle and discontinue the above referenced litigation and to settle the claims either party may have against the other. NOW THEREFORE, the parties hereto with the intent of being legally bound hereby have agreed as follows: 1. Upon payment of three hundred dollars and no cents ($300.00) in Money Order on May 18, 2005, this lawsuit will be settled. 2. Upon receipt of the money outlined above in averment number one McShane & Hitchings, LLC shall have the lawsuit filed by McShane & Hitchings, LLC against Seidle docketed to number 05-1457 in the Court of Common Pleas Cumberland County, Pennsylvania marked as satisfied, settled, and discontinued. 3. On May 18, 2005, Seidle issued a Money Order in the amount of three hundred dollars and no cents ($300.00) sufficient to satisfy the amount of three hundred dollars and no cents ($300.00). 4. McShane & Hitchings, LLC and Seidle agree that the terms and conditions stated in this Settlement Agreement constitute the entire agreement between the parties and no other agreements or representations have been made that are not stated herein. AND NOW, the parties hereto have set their hand and seals the day and year first above written. ? ? os Witness ennif E. Cox D de a{ Witness Geor i dle Date Respectfully submitted, McShane &Hkoin)?s, LLC Date: 5 ?%105 Atto ey I.D.# 87919 481 Jonestown Road _Sdite 125 Harrisburg, Pennsylvania 17109 #717-657-3900 ,, a __ ??: -; 4G MCSHANE & HITCHINGS, LLC Plaintiff, vs. GEORGE SEIDLE, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1457 CIVIL ACTION PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the Judgment entered in the above captioned case against George Seidle as satisfied and please mark the Judgment Index accordingly. Date: ,s 1 OS Respectfully submitted, McShane & Hitchings, LLC Atto ey LD.# 87919 onestown Road Suite 125 Harrisburg, Pennsylvania 17109 #717-657-3900 MCSHANE & HITCHINGS, LLC Plaintiff, VS. GEORGE SEIDLE, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1457 CIVIL ACTION CERTIFICATE OF SERVICE I, Erin M. Zimmerer of McShane & Hitchings, LLC, Attorney for Plaintiff, McShane & Hitchings, LLC, do hereby certify that I served a true and correct copy of the attached Praecipe to Satisfy Judgment by Hand Delivery: George Seidle 813 Wertzville Road Enola, PA 17025 Respectfully Submitted, McShane & Hitchings, LLC Harrisburg, Pennsylvania 17109 4717-657-3900 ..,, ?, _ ; , ?_, - ??.> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES ACQUISITION XVI, LLC No. 06-1457 ASSIGNEE OF GREAT SENECA FINANCIAL CORP ASSIGNEE OF FORWARD PROPERTIES ASSIGNEE OF HOUSEHOLD Plaintiff VS CIVIL ACTION - LAW WAYNE A MCDONOUGH Defendant(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, MEMBERS 1 ST FCU, discontinued, upon payment of your costs only. Respectfully Submitted, Date: Amy 'F`-Doyl 87062 / Daniel F. 1 Philip C. W holic 48 / D i R. allo&Ay #8732 Tonilyn M. Chippie 48 2 / Sarah E. Ehasz 486469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 126431131 41 F o0 T P N P y ? CA o V "60 Q c T -nF