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HomeMy WebLinkAbout06-3158H & R ACCOUNTS, INC. ASSIGNEE GEORGE STAMBAUGH V. Plaintiff Defendant NOTICE IN THE COUR OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (Y-o - / S? (2l Ucl?70zyn CIVIL DIVISION - LAW YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint an notice are served, by entering a written appearance personally or by an attorney and filing in writing with the urt 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. I YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OF ICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IFYOU CANNOTAFFORDTO HIREA LAWYER, THIS OFFICE MAY E ABLETO PROVIDEYOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVIC TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASS TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AvlSo USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea del presentan mas adelante an las siguientes paginas, debe tomar accion dente despues de la notificacion de esta Demanda y Aviso radicando personalmen comparencencia escrita y radicando an la Corte por escrito sus defenses d presentadas aqui an contra suya. Se le advierte de qua si usted falla d( anteriormente, el caso puede proceder sin usted y un fallo por cualquier demanda o cualquier otra reclamacion o remedio solicitado por el demandant por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. E INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN AE OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIA TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 enderse de las demandas qua se o de los proximos veinte (20) dias e o por medio de un abogado una y objecciones a, las demandas tomar accion como se describe suma de dinero reclamada an la puede ser dictado an contra suya u otros derechos importantes para :DIATAMENTE. SI USTED NO OFICINA PUEDE PROVEERLE ES POSIBLE QUE ESTA 1N SERVICIOS LEGALES H & R ACCOUNTS, INC. ASSIGNEE Plaintiff V. IN THE COUR OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01o - /S8 Ctcli? l ?/LYv? GEORGE STAMBAUGH CIVIL DIVIS Defendant COMPLAINT The Plaintiff, H & R ACCOUNTS, INC., by its attorneys, KNUPP, action of Assumpsit against the Defendant to recover the sum of EIGHT ONE DOLLARS AND THIRTY-TWO CENTS, along with interest thereon 2005, upon a cause of action of which the following is a statement: 1. The Plaintiff, H&R Accounts, Inc., is a corporation organized State of Illinois, having its principal office and place of business at P.O. Box 2. The Defendant, GEORGE STAMBAUGH, is an adult Newville, Cumberland County, Pennsylvania 17241. 3. On January 26, 2006, Plaintiff obtained a judgment against and for Polk County, Iowa, in the amount of Seven Thousand Eight Hundred Cents ($7,848.93). A true and correct copy of said Iowa judgment is made a part hereof. 4. Due to the default of Defendant, and pursuant to the Iowa fees in the total amount of Five Hundred Dollars ($500.00) have been - LAW & IMBLUM, P.C., brings this FOUR HUNDRED EIGHTY- the rate of 18% from October 10, existing under the laws of the Moline, Illinois 61265. residing at 3419 Rittner Highway, Defendant in the District Court in Dollars and Ninety-Three hereto, marked Exhibit "A" and attached hereto, attorney's Ito said account. F:\USER\R0B1N\CCP&DJ CMPS\CCP COMPLAINTS\H&R.31619.wpd:25Mayo6 5. Due to Defendant's neglect and refusal to pay the account as aforesaid, Plaintiff was forced to seek remedy in the lower Court thereby incurring costs in the amount of One Hundred Thirty-Two Dollars and Thirty- Nine Cents ($132.39), for which Defendant is liable. 7. Plaintiff frequently demanded paymentfrom Defendant of said Omountdue and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay s4id amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the $um of EIGHT THOUSAND FOUR HUNDRED EIGHTY-ONE DOLLARS AND THIRTY-TWO CENTS, along with interest thereon at the rate of 18% from October 10, 2005. Respectfully KNUPP, KODAJMLUM, P.C. Robert D. Kodak, Esquire \ 407 North Front S treet Post Office Box 11848 Harrisburg, PA 7108-1848 (717) 238-7151 Attorney ID No. 1 041 Attorney for Plain tiff F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\FI&R.31619.wpd:25May06 2 IN THE IOWA DISTRICT COURT IN AND FOR H & R ACCOUNTS, INC. ASSIGNEE ) Plaintiff, ) VS. ) GEORGE STAMBAUGH ) ) Defendant, ) COUNTY #100287 V LT AND JUDGMENT ENTRY NOW, on this e-26 day of? 2006, this matter comes on before the court on Plaintiff's Request for Default; the Plaintiff appearing by its attorney, Thomas C. Hill, and the Defendant appearing not nor anyone for him/her, and the Court, having reviewed the file and being fully advise in the--'- premises FINDS: That more than SIXTY (60) days have elapsed since the Defendant was duly served with an Original Notice of the pendency of this action, and that this Court has jurisdiction of the parties hereto; that, upon the Court's examination of the Docket and Calendar herein, the Defendant has failed t appear or pleas herein, and no attorney for the Defendant has entered an Appearance; that the Defendant has been mailed he Notice of Intent to File Written Application for Default over ten (10) days ago; that the Defendant is accordingly adjudged to be in default; and, that the allegations of the Plaintiff's P t?4on are \ 1S\0 material and true and that the Plaintiff is tkl?? to judgment against the Defendant. Na :1 03 ? )C % -, IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the Plaintiff, H & R Accounts, Inc. Assignee, has judgment against the defendant, GEORGE STAMBAUGH, in the principal amount of $7,845.93 with interest at the rate of 18.00 % from the 10TH of October A.D., 2005 plus attorney fees in the amount o $ 500.00 and court costs in the amount of $132.39. COPT S MAILED ?,.. THE FO LOWING DATE ?? JA 4 6 2006 CERTIFICATE LOOWING: 1, uow teary, Clerk or the Dietlcl court or the Stale TO THE of k>wa, In and for Polk County, do hereby cerAfy PLTF A pLTF 13 tlMt this Is il true and complete copy of the OAglnal Instrument um mrent filed in this office. IN TESTIMONY WHEREOF, I have hereunto sel my .. .. ......?, hand and affixed the Seal id Court at my office in J ..._ __._.^ ... OeaMofrAS,lowathis 7N° day of STATE OF IOWA, POLK COUNTY, ss. I, Lois Leary, Clerk of the District Court of the State of Iowa, in and certify that the attached is a true and correct copy of: as the same appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and Court, at my office in Des Moines, Iowa, this 14th day of_ STATE OF IOWA, POLK COUNTY, ss. I, fq?zns .lr le'O-s , Judge of the District Court of for the 5' Judicial District of said State, including the County of Polk d Leary, who has given the preceding certificate, was at the time of s District Court of the State of Iowa, in and for Polk County, in said Distri that she is the keeper of the records of said Court, and the proper offrc and that the same is in due form of law. Given under my hand this 14th day of Judge for the Fifth STATE OF IOWA, POLK COUNTY, ss. I, Lois Leary, Clerk of the District Court of the State of Iowa, in and certify that the Honorable ARTIS REIS who has given the Xrece time of so doing, one of the Judges of the District Court of the 5 Judi Iowa, duly commissioned and sworn, to all whose official acts as suc and ought be given. IN TESTIMONY WHEREOF, I have hereunto set my hand a Court, at my office in Des Moines, Iowa, this 14t.1, day of said county, do hereby the seal of said L Y_, 2006 .e State of Iowa, in and hereby certify that Lois doing the Clerk of the duly qualified as such, to give such certificate 2006 District of Iowa -said county, do hereby Ig certificate, was at the I District of the State of full faith and credit are affixed the seal of said $$]14AV 900 H:\row77\doa\STATE OF IOWA (double hcadw).dw MAY-25-2006 10:02 RNUPP KODAK & IMBLUM VERIFICATION (name) of H & R Accounts, Inc. Assignee, verify that the statements made in and correct. I understand that false statements herein are made S. §4904, relating to unworn falsification to authorities. H & R ACCOUNTS, By: 717 238 7158 P.05 aforegoing document are true to the penalties of 18 Pa. C. ASSIGNEE E4 Dated: S~2s_ 06 Title: 31619 TOTAL P.05 p? 4a C?- 5'J .cty' _TJ Y? <ri SHERIFF'S RETURN - REGULAR CASE NO: 2006-03158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND H & R ACCOUNTS INC VS STAMBAUGH GEORGE SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STAMBAUGH GEORGE the DEFENDANT , at 1440:00 HOURS, on the 8th day of June , 2006 at 3419 RITNER HIGHWAY NEWVILLE, PA 17241 SHIRLEY STAMBAUGH, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this So Answers: 18.00 11.44 .39 10.00 R. Thomas Kline .00 39.83,, 06/12/2006 KNUPP KODAK IMBLUM' q,i?-o4 By. L day eputy Sheriff of A. D. H&R ACCOUNTS, INC. ASSIGNEE Plaintiff v GEORGE STAMBAUGH AND NOW, this F/-day of X`!;!? , 2007, comes -J?f 11 Plaintiff, H&R ACCOUNTS, INC., by and through its attorneys, ROBERT D. KODAK, ESQUIRE of KODAK & IMBLUM, P.C., and Defendant, GEORGE STAMBAUGH, by and through his attorney, THOMAS D. GOULD, ESQUIRE, and The above-captioned matter having been amicably settled between the Plaintiff and Defendant, it is hereby stipulated and agreed as follows: 1. In settlement of this legal action, Defendant shall pay to Plaintiff the sum of Five Thousand Five Hundred Dollars ($5,500.00) (hereinafter the "settlement amount"). 2. The Settlement Amount ($5,500.00) shall be paid as follows: Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3158 CIVIL TERM CIVIL ACTION - LAW STIPULATION OF SETTLEMENT I F:\USER\R0BIN\M1SC WORK\31619 settle stip.wpd 1 .. . .. %'r `1 A. Eleven (11) monthly payments of $500.00 per month with the first payment being made on or before April 1, 2007, and to continue each and every month thereafter until the Settlement Amount is paid in full; and C. Said payments shall be made on or before the 1 sc day of each month, with no further interest assessed unless there is a default as set forth hereinafter. 3. Said payments will be made payable to Plaintiff and delivered on or before their due dates to Plaintiff at Knupp, Kodak & Imblum, P.C., Post Office Box 11848, Harrisburg, PA 17108-1848, to the attention of Robert D. Kodak, Esquire. Each payment shall reflect the file number of 31619. 4. Defendant acknowledges there is due and owing to the Plaintiff the amount set forth in Paragraph 1 above, and the Defendant has no claim, defense or setoff against Plaintiff for this obligation and that Defendant has no defense to the Plaintiffs Complaint. 5. In the event any payment of the Settlement Amount as set forth in the preceding Paragraphs is not paid when due, then the same shall constitute a default under this Stipulation of Settlement. FAUSERM011 MMISC WORK\31619 settle stip.wpd 2 I , % 6. If Defendant shall default in any payment for a period of fifteen (15) days, Plaintiffs Counsel will immediately provide written notice to Defendant allowing Defendant a period of ten (10) additional days from the date of the default to cure same. 7. In the event of a default and Defendant fails to cure same as set forth in Paragraph 6, supra, Plaintiff shall immediately, based upon this writing, enter Judgment in favor of Plaintiff and against Defendant for the unpaid portion of the Settlement Amount, plus interest on the unpaid balance at the rate of Six (6%) percent per annum. 8. After the payments as set forth above are made in full by the Defendant, Plaintiff herein agrees to execute and file a Discontinuance with prejudice, and provide a time-stamped copy to Defendant's attorney. 9. Unless otherwise set forth herein, all other terms and conditions of the documents as set forth in Plaintiffs Complaint remain unchanged. 10. The parties agree that Cumberland County, Pennsylvania, shall retain jurisdiction of this matter for the purposes set forth in this Stipulation of Settlement until the Defendant's payment of all sums due hereunder. 11. The undersigned, counsel for the parties, hereby consent to the form and terms of the within Stipulation of Settlement. F:\USER\ROBIN\MISC WORK\31619 settle stip.wpd 3 I" 7 12. By executing this Stipulation of Settlement, the attorney for the Plaintiff affirms to this Honorable Court that he has the respective authority of his client to do so Respectfully submitted, KODA B M, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 Attorney I.D. No. 18041 Attorney for Plaintiff Phone: 717- 238-7152 Respectfully submitted;__ Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 FAUSEWROBIMMISC WORK131619 settle stip.wpd C 0 4 "` CA H & R ACCOUNTS, INC. ASSIGNEE Plaintiff v GEORGE STAMBAUGH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3158 CIVIL TERM : CIVIL DIVISION -LAW PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: n _ N cv, C -0 c ffir tT1 ' ?: E -r FT7 Please enter judgment in favor of the above Plaintiff and against the above Defendant; GEORGE STAMBAUGH, in the above matter for the stipulated amount of $5,500.00, less payment of $5,000.00, for a Judgment amount of $500.00 plus interest at the rate of 6% per annum in the amount of $59.38 for a total amount due of $559.38 all in accordance with Paragraph 7 of the Stipulation of Settlement filed with this Honorable Court on February 15, 2008 (copy attached). It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant(s) or his/ their attorney of record, after the default occurred and in accordance with Paragraph 6 of said Stipulation of Settlement, at least ten (10) days prior to the date of the filing of this Praecipe. See Exhibit A attached. Dated: February 2, 2010 I Robert D. Kodak, Attorney for Plaintiff $!4. oo P0 AT 74 C& 83aao P,74?a3'1 q8$ C(DPY H&R ACCOUNTS, INC. ASSIGNEE Plaintiff v GEORGE STAMBAUGH STIPULATION OF SETTLEMENT = D -:2-1 (') I -a CIVIL ACTION - LAW AND NOW, this Defendant ?K day of , 2007, comes Plaintiff, H&R ACCOUNTS, INC., by and through its attorneys, ROBERT D. KODAK, ESQUIRE of KODAK & IMBLUM, P.C., and Defendant, GEORGE STAMBAUGH, by and through his attorney, THOMAS D. GOULD, ESQUIRE, and The above-captioned matter having been amicably settled between the Plaintiff and Defendant, it is hereby stipulated and agreed as follows. ". 1. In settlement of this legal action, Defendant shall pay to Plaintiff the sum of Five Thousand Five Hundred Dollars ($5,500.00) (hereinafter the "settlement amount"). 2. The Settlement Amount ($5,500.00) shall be paid as follows: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3158 CIVIL TERM I F:\USER\ROBIN\MlSC WORK\31619 settle stip.wpd A. Eleven (11) monthly payments of $500.00 per month with the first payment being made on or before April 1, 2007, and to continue each and every month thereafter until the Settlement Amount is paid in full; and C. Said payments shall be made on or before the 1" day of each month, with no further interest assessed unless there is a default as set forth hereinafter. 3. Said payments will be made payable to Plaintiff and delivered on or before their due dates to Plaintiff at Knupp, Kodak & Imblum, P.C., Post Office Box 11848, Harrisburg, PA 17108-1848, to the attention of Robert D. Kodak, Esquire. Each payment shall reflect the file number of 31619. 4. Defendant acknowledges there is due and owing to the Plaintiff the amount set forth in Paragraph 1 above, and the Defendant has no claim, defense or setoff against Plaintiff for this obligation and that Defendant has no defense to the Plaintiffs i Complaint. 5. In the event any payment of the Settlement Amount as set forth in the preceding Paragraphs is not paid when due, then the same shall constitute a default under this Stipulation of Settlement. I FMISEMROBIMMISC WORK\31619 settle stip.wpd 2 6. If Defendant shall default in any payment for a period of fifteen (15) days, Plaintiff's Counsel will immediately provide written notice to Defendant allowing Defendant a period of ten (10) additional days from the date of the default to cure same. 7. In the event of a default and Defendant fails to cure same as set forth in Paragraph 6, supra, Plaintiff shall immediately, based upon thiswriting, enterJudgment in favor of Plaintiff and against Defendant for the unpaid portion of the Settlement Amount, plus interest on the unpaid balance at the rate of Six (6%) percent per annum. 8. After the payments as set forth above are made in full by the Defendant, Plaintiff herein agrees to execute and file a Discontinuance with prejudice, and provide a time-stamped copy to Defendant's attorney. 9. Unless otherwise set forth herein, all other terms and conditions of the documents as set forth in Plaintiffs Complaint remain unchanged. 10. The parties agree that Cumberland County, Pennsylvania, shall retain jurisdiction of this matter for the purposes set forth in this Stipulation of Settlement until the Defendant's payment of all sums due hereunder. 11. The undersigned, counsel for the parties, hereby consent to the form and terms of the within Stipulation of Settlement. F:\USER\ROBIN\MISC WORK\31619 settle stip.wpd 3 12. By executing this Stipulation of Settlement, the attorney for the Plaintiff affirms to this Honorable Court that he has the respective authority of his client to do so Respectfully submitted, Respectfully submitted, ;KO DA BUM, P.C. ?? Robert D. Kodak, Esquire Thomas D. Gould, Esquire 407 North Front Street 2 East Main Street Post Office Box 11848 Shiremanstown, PA 17011 Harrisburg, PA 17108-1848 (717) 731-1461 Attorney I.D. No. 18041 Attorney for Plaintiff Phone: 717- 238-7152 i I FMISEWROBIMMISC WORK131619 settle stip.wpd LAW OFFICES OF • • KODAK. & IMBLUM, P.C. CAMERON MANSION Telephone Robert D. Kodak 407 NORTH FRONT STREET 717.238.7159 Gary J. Imblum POST OFFICE BOX 11848 Facsimile HARRISBURG, PA 17108-1848 717.238.7158 www.kodak-imblum.com December 8, 2009 THOMAS D GOULD ESQUIRE 2 EAST MAIN STREET 1?? SHIREMANSTOWN PA 17011 RE: H & R Accounts, Inc. VS: George Stambaugh Our File No. 31619 Dear Tom: Back on October 7 we spoke and you indicated your client needed thirty (30) more days to get the final Five Hundred Dollars ($500.00) to us on our settlement. That was sixty (60) days ago. My client is pushing me to resolve this matter and I hate to see your client forfeit the settlement based on his missing his final payment. I can say if I do not have the final payment in to my office by Monday, December 28, 2009, my client has instructed me to declare the settlement null and void and to proceed against your client for the readjusted balance. I trust I'll be hearing from you shortly. RDK/be Very truly yours, KODAK & IMBLUM, P.C. Robert D. Kodak robert.kodak@kodak-imblum.com THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. cc TERESA DOAK H & R ACCOUNTS INC PO BOX 672 MOLINE IL 61265 #2646928 H & R ACCOUNTS, INC. ASSIGNEE Plaintiff V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3158 CIVIL TERM GEORGE STAMBAUGH : CIVIL DIVISION -LAW Defendant . TO: GEORGE STAMBAUGH, Defendant(s) You are hereby notified that on F&_ 9 , 20 0 the following (Judgment) has been entered against you in the above-captioned case. Tudgment entered in the amount of $559.38. DATE: Prothonotary I hereby certify that the name and address of the proper person(s) t6 receive this notice is: GEORGE STAMBAUGH C/ O THOMAS D GOULD ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN PA 17011 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 H&R ACCOUNTS, INC. ASSIGNEE Plaintiff vs GEORGE STAMBAUGH 3419 RITNER HIGHWAY NEWVILLE, PA 17241 DEFENDANT(S) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA Writ No. Term 20 No. 06-3158 Term 20 06 Amount Due 2/ 9/ 10 jdmt .............. $ 559.38 Interest from jdmt -7/26/10 0.09 per diem ............... $ 15.03 vs Atty's Commission ,.,,, M & T BANK, 5 % statutory rate ........ ~ L ~ = ~; 27.97 ~ W ' ~~' ~ Garnishee ~ ~-,- ~ ~arlisl~ P~ ho13 Costs (to be determined) r~:'~ ; ~~ T r ~ ._ ;_ ~ ~ .*? TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE M~~'TER, -r=' ~ ; ` `, ~__ , ~,- (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania ~'" ~" _` (2) against GEORGE STAMBAUGH ~ e en ants ; (3) and against M & T Bank arrus ee s ; (4) and index this writ ~~~oP~ a a ainst ~ ~,~~,u~u"' ,~ 1~ Defendant(s) and (b) against M & T Bank ~arrusnee(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 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., AND GARNISH M & T BANK,1 W. HIGH STREET, CARLISLE, PA, FOR ANY AND ACCOUNT(S) UNDER DEFENDANT(S) NAME(S). SOCIAL SECURITY # X ©-0074 S (5) Exemption has (not) been waived. ~~ ~O Qp A.i.,M 84.83 CBF 55'.Sp u ~`~ •~ " Robert .Kodak, Esquire °~ ' ~ ~ PO B x 11848 13(0.33 PD A'~'/ Harr' burg, PA 17108 (717)238-7159 Dated 7/26/10 Attorney For Plaintiff(s) ~a.co ~o C* 8~~ so 4[. ~,~'a~oo6 (o)bOl £ a[ng aas pansap s! suapuad sg a se ~u!xapu! pue payaeue s! aayslwe4 ay;3o aw¢u ay; u! ~G.iadoid [sa~3! ~C[uo pala[dwoa aq p[noys (q)(b) yde~3e~ed lq)b0 [ £ a[ng aaS tie;ouoyiad ay; ~q ,C;unoS ;eyl u! asmoa 3o sz pannba~ s! ~u!xapu! ~unoa ~ayloue of sanss! lum ay; uayM '(E)b0 [ £ a[n~ ~Cq pazuoy;ne se pansap s! `aouranss! 30 ~unoo ayl u! suol;naaxa ay; 3o Au!xapu! 3! ~C[uo pala[dwoo aq p[noys (e)(b) ydei9E~ed ~(pam ayl u! papn[ou! aq of s! aays!we4 paweu a u! 6[uo pala[dwoa aq p[noys anoge) (£) yde~Seied pans! ya!ym u! ,Qunoo ay13o1{uays ay; o; ,C[uo pa;oanp aq ,Cew;uawRpnf paLa3suei; a uo pans!;um a (o)£Ol £ a[n~ ~apun pa;eolpu! aq p[noys ,C;unoo ay; `(q)£0l £ a~n~ ~fq pazuoy;ne se ~;unoa gay;oue 3033uays ay; o; pa;aanp s! 1!~ ayl uaym ([) ydei8eied ~apun 3.LOt~i 0 0 N ~ o ~ .bA ~ v ~' U z H O c U o U N °~ z .~ x ~ z x w ~O V z 0 U X w O w a U.. ~~// F~1T-1 F--1 W 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3158 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due H & R ACCOUNTS, INC., Plaintiff (s) From GEORGE STAMBAUGH, 3419 Ritner Highway, Newville, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of the defendant 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: M&T BANK, 1 West High Street, Carlisle, PA 17013 Any and all accounts under deft's name, soc sec #XXX-XXX-0074 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 $559.38 Interest from 7/26/10 @ $0.09 per diem -- $15.03 Atty's Comm $27.97 %5 statutory rate Atty Paid $136.33 Plaintiff Paid Date: 7/29/10 (Seal) REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: KODAK & IMBLUM, PC PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 L.L. $.50 Due Prothy $2.00 Other Costs David D. rothonot By: Deputy H & R ACCOUNTS, INC. ASSIGNEE Plaintiff v GEORGE STAMBAUGH, Defendant(s) vs M&TBANK, GARNISHEE nsw t r?) _fU Z IN THE COURT OF COMMC*i?LE'4,S CUMBERLAND COUNTY, Y =`' ;-? PENNSYLVANIA S> y N NO: 2006-3158 TO GARNISHEE TO: GARNISHMENT AGMIN / LEGAL DEPT. M&T BANK 1 WEST HIGH STREET CARLISLE PA 17013 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, GEORGE STAMBAUGH Social Secrutip #XXX-XX-0074 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 aid the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? (If yes, please describe.) ANSWER: 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 vourself 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: 001 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: K-"4 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: rti'I iN 5. At anv 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: 6. At anv 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 ves, please describe.) ANSWER: ,?- Ja 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, levv or attachment under Pennsvlvania 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: ? J'a 8. If you are a bank or other financial institution, at the tune 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: KODAK & IM$LUM?P.C. Robert Ddak, Esquire Attorno, for Plaintiff 407 NeIrth Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Supreme Court ID No. 18041 VERIFICATION (Name)- 1Z4- (Title) of M&T Bank, Garnishee herein, verify that the statements made in these Interrogatories in Attachment are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. BY: ADDRESS: M&T BANK z,n ? 2. Dated: t.u- ", 201 H & R ACCOUNTS, INC. ASSIGNEE Plaintiff N GEORGE STAMBAUGH, Defendant(s) v M&TBANK, Garnishee TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3158 C .. CIVIL ACTION - LAW PRAECIPE Please dissolve the Garnishment issued against M & T BANK, Garnishee in the above-captioned matter. TO: Cumberland County Protllonotarv Dated: September 1, 2010 t- ij Robert D./Kodak, Esquire Attorn4for Plaintiff Attorn6v I.D. No. 18041 *S.oo Pp AT N c# 83695 0 &q-770# SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAndersonILEC-dIC Sheriff THE PR0TH0N0TAKy Jody S Smith Chief Deputy ' 23,11 P P (: Richard W Stewart Solicitor F t ?? CUMBERLAND COUNTY PENNSYLVANIA H & R Accounts Case Number vs. George Stambaugh 2006-3158 SHERIFF'S RETURN OF SERVICE 08/19/2010 02:52 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 19, 2010 at 1452 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: George Stambaugh, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 West High Street, Carlisle, Cumberland County, Pennsylvania, by handing to Vanessa Cassell, Customer 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. 09/08/2010 Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 8, 2010 at 1756 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: George Stambaugh, by making known unto George Stambaugh, at 3419 Ritner Highway, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true anc correct copy of the same. Upon serving the writ of execution, a levy was not completed. Levy was completed on September 15, 2010 by Deputies Michael Barrick and Ryan Burgett. Post card and a copy of the levy were mailed to the attorney and the defendant on 09-16-10. 04/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $129.56 SO ANSWERS, ? 11"2, Z 2/1 ?/ April 14, 2011 RON R ANDERSON, SHERIFF B iy Sharon R. Lantz Cofa -Co. SV C?C hod a.?rYo'7 7 c; Goun'Suite Sheriff, T=^,aao''c ic;; F IED-OF ICE 5`'= TH'. PROTHONOTAR't 2011 JUL I I FM 3: 21 H & R ACCOUNTS, INC. ASSIGNEE Plaintiff CUMBERLAND COUNTY IN THE COURT OF CONf"Myt)"A CUMBERLAND COUNTY, PENNSYLVANIA v GEORGE STAMBAUGH, Defendant(s) NO. 06-3158 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Se?l? Satisfy Judgment and Discontinue Case. TO: Cumberland County Prothonotary Dated: Tuly 7, 2011 3 Yfzl to-L, &'&. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041