HomeMy WebLinkAbout06-5593WRIT OF EXECUTION
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
PRAMCO III LLC CASE NO. 2006-NO-002/2?15-Y30 YK
VERSUS Z mu \t1 Ll TIMOTHY J WILBUR D/B/A
TIM WILBUR MECHANICAL CONTRACTING
MICHELLE L WILBUR
TO THE SHERIFF OF CUMBERLAND COUNTY:
TO SATISFY THE JUDGMENT, INTEREST AND COSTS AGAINST:
DEFENDANT (S): TIMOTHY J WILBUR D/B/A TIM WILBUR MECHANICAL CONTRACTING &
MICHELLE L WILBUR
(1) YOU ARE DIRECTED TO LEVY UPON THE PROPERTY OF THE SAID DEFENDANT (S)
AND TO SELL ANY INTEREST THERIN:
(2) YOU ARE ALSO DIRECTED TO ATTACH THE PROPERTY OF THE DEFENDANT (S) NOT
LEVIED UPON IN THE POSSESSION OF ADAMS COUNTY NATIONAL BANK LOCATED AT 1 BIG
SPRING AVE, NEWVILLE, PA 17241 & MANUFACTURERS & TRADERS TRUST COMPANY
LOCATED AT ONE WEST HIGH ST, CARLISLE, PA 17013 & ORRSTOWN BANK LOCATED AT 22
SOUTH HANOVER ST, CARLISLE, PA 17013
GARNISHEE (S)
(SPECIFICALLY DESCRIBE PROPERTY)
ALL PERSONAL PROPERTY CAPABLE OF ATTACHMENT UNDER THE RULES OF CIVIL
POCEDURE, OWNED BY ANY DEFENDANT, OR IN WHICH ANY DEFENDANT CLAIMS AN
INTEREST, AND WHICH IS IN THE POSSESSION, CUSTODY OF CONTROL OF ANY
GARNISHEE, INCLUDING WITHOUT LIMITATION DEBTS OWED OR TO BE OWED TO ANY
DEFENDANT BY ANY GARNISHEE, ANY DEPOSIT ACCOUNTS OF ANY DEFENDANT HELD BY ANY
GARNISHEE, AND ANY SAFETY DEPOSIT BOXES LEASED TO ANY DEFENDANT.
DEFENDANT OR OTHERWISE DISPOSING THEREOF;
(3) IF PROPERTY OF THE DEFENDANT NOT LEVIED UPON AND SUBJECT TO ATTACHMENT
IS FOUND IN THE POSSESSION OF ANYONE OTHER THAN A NAMED GARNISHEE, YOU
ARE DIRECTED TO NOTIFY HIM THAT HE HAS BEEN ADDED AS A GARNISHEE AND
IS ENJOINED AS ABOVE STATED.
AMOUNT OF JUDGMENT: $131,293.92
DOCKET COSTS: $176.97
AMOUNT OF INTEREST: $7,562.17
ATTORNEY FEES/COMMISSION:
SEAL OF COURT
DATE: SEPTEMBER 15, 2006
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PROTHO TARY
Atty for Pltff: Kaplin Stewart
(610) 941-2543
EPUTY
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WRIT OF EXECUTION
_ is-?D-OG
IN-THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
PRAMCO III LLC CASE NO. 2006-NO-002215-Y30 YK
VERSUS Zcc,U ?O-Tq
TIMOTHY J WILBUR D/B/A
TIM WILBUR MECHANICAL CONTRACTING
MICHELLE L WILBUR
TO THE SHERIFF OF CUMBERLAND COUNTY:
TO SATISFY THE JUDGMENT, INTEREST AND COSTS AGAINST:
DEFENDANT (S): TIMOTHY J WILBUR D/B/A TIM WILBUR MECHANICAL CONTRACTING &
MICHELLE L WILBUR
(1) YOU ARE DIRECTED TO LEVY UPON THE PROPERTY OF THE SAID DEFENDANT (S)
AND TO SELL ANY INTEREST THERIN:
(2) YOU ARE ALSO DIRECTED TO ATTACH THE PROPERTY OF THE DEFENDANT (S) NOT
LEVIED UPON IN THE POSSESSION OF ADAMS COUNTY NATIONAL BANK LOCATED AT 1 BIG
SPRING AVE, NEWVILLE, PA 17241 & MANUFACTURERS & TRADERS TRUST COMPANY
LOCATED AT ONE WEST HIGH ST, CARLISLE, PA 17013 & ORRSTOWN BANK LOCATED AT 22
SOUTH HANOVER ST, CARLISLE, PA 17013
GARNISHEE (S)
(SPECIFICALLY DESCRIBE PROPERTY)
ALL PERSONAL PROPERTY CAPABLE OF ATTACHMENT UNDER THE RULES OF CIVIL
POCEDURE, OWNED BY ANY DEFENDANT, OR IN WHICH ANY DEFENDANT CLAIMS AN
INTEREST, AND WHICH IS IN THE POSSESSION, CUSTODY OF CONTROL OF ANY
GARNISHEE, INCLUDING WITHOUT LIMITATION DEBTS OWED OR TO BE OWED TO ANY
DEFENDANT BY ANY GARNISHEE, ANY DEPOSIT ACCOUNTS OF ANY DEFENDANT HELD BY ANY
GARNISHEE, AND ANY SAFETY DEPOSIT BOXES LEASED TO ANY DEFENDANT.
DEFENDANT OR OTHERWISE DISPOSING THEREOF;
(3) IF PROPERTY OF THE DEFENDANT NOT LEVIED UPON AND SUBJECT TO ATTACHMENT
IS FOUND IN THE POSSESSION OF ANYONE OTHER THAN A NAMED GARNISHEE, YOU
ARE DIRECTED TO NOTIFY HIM THAT HE HAS BEEN ADDED AS A GARNISHEE AND
IS ENJOINED AS ABOVE STATED.
AMOUNT OF JUDGMENT: $131,293.92
DOCKET COSTS: $176.97
AMOUNT OF INTEREST: $7,562.17
ATTORNEY FEES/COMMISSION:
SEAL OF COURT
DATE: SEPTEMBER 15, 2006
TRUE COPY FROM RECORD
Testhmy whereof, i here ume set my hap,
od the seW ot said Cou at (fig. A.
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prnthnnntan,
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PROTHO TARY
Atty for Pltff: Kaplin Stewart
(610) 941-2543
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EPUTY
V,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire
I.D. No..54286'
Union Meeting Corporate Center
910 Harvest Drive, P.O. Box 3037 Oto-5593
Blue Bell, PA 19422
(610) 260-6000 Attorneys for Plaintiff -<
PRAMCO III, LLC
Plaintiff
VS.
TIMOTHY J. WILBUR, individually and:
dba Tim Wilbur Mechanical Contracting
and
MICHELE L. WILBUR
Defendants
and
ADAMS COUNTY NATIONAL BANK
and
MANUFACTURERS AND TRADERS
TRUST COMPANY :
and
ORRSTOWN BANK
Garnishees
4n-5u)eC5 -V IN
TO: Adams County
National Bank
1 Big Spring Ave.
Newville, PA 17241
THE COURT OF COMMON PLI -,
YORK COUNTY, PA -. =->
No. 2006-SU-2215-Y30 ' T'
CIVIL ACTION - LAW
c,7
Ln
Ln
TO : BELOW-NAMED GARNISHEES
You are hereby notified to plead to
the below Interrogatories to Garnishee(s)
withWttwenty
yo3'Y2 r. i5d
days of service upon
W be red against
Manufactuers and Traders
Trust Company
One West High Street
Carlisle, PA 17013
Esquire
:r
Orrstown Bank
22 South Hanover St.
Carlisle, PA 17013
You are required to answer the following Interrogatories, as to Defendants
Timothy J. Wilbur, individually and d/b/a Tim Wilbur Mechanical Contracting
and Michele L. Wilbur.
1. At the time you were served or at any subsequent time, did you owe the Defendant any
money or were you liable to the Defendant on any negotiable or other written agreement or did
the Defendant claim that you owed it any money or were liable to it for any reason?
-?S
(a) If the answer to (1) is affirmative, state the amount claimed or owed.
IMANBB /nca/661 1 /48/877196 1
09132006110:00
2. At the time you were served or any subsequent time, was there in your possession, custody
or control or in the joint possession, custody or control of yourself and others any property of any
nature owned solely or in part by the Defendant?
NO
(a) If the answer to (2) is affirmative, state the nature of such property.
3. At the time you were served or any subsequent time, did you hold legal title to any property
in which the Defendant has, had or claimed an interest? 11 0
(a) If the answer to (3) is affirmative, state nature of such property and its value.
4. At the time you were served or any subsequent time, did you hold as fiduciary any property
in which the Defendant had or claimed an interest? Na
(a) If the answer to (4) is affirmative, state the nature and value of such property and
the extent of the Defendant's interest.
5. At any time before or after you were served, did the Defendant transfer or deliver any
property to you or to any person or place pursuant to your direction or consent and what was the
consideration therefor? 00
(a) If the answer to (5) is affirmative, state what type of property was delivered, to
whom it was delivered and when it was delivered.
6. At any time after you were served, did you pay, transfer or deliver any money or property
to the Defendant or to any person or place pursuant to the Defendant's direction or otherwise
discharge any claim of Defendant against you? N 0
(a) If the answer to (6) is affirmative, state what was delivered, to whom and when.
IMANBB /=a/661 1/48/877 1 96_1 09132006/10:00
7. At the time you were served or any subsequent time, did you hold on account for the
Defendant any money or credits arising from credit card transactions of any type?o
(a) If the answer to (7) is affirmative, state the amounts you held for Defendants.
8. At the time you were served or at any subsequent time, did Defendant lease a safety deposit
box at any branch of your bank (if applicable) ? , r
D
(a) If the answer to (8) is affirmative, state the location and identifying number of such
box.
9. If you claim a right of set-off with regard to property of the Defendant you possess, please
state the following: NJ A
(a) The nature of the obligation the set-off funds are to be applied against (revolving
loan, term loan, demand loan, etc.);
(b) The relationship of the Defendant to the loan (maker, guarantor, surety, etc.);
(c) The loan balance on the date on which you were served with the Writ of Execution);
(d) Whether or not the loan(s) was/were in default immediately prior to service of the
Writ of Execution;
(e) If the loan(s) was/were a revolving loan, would the loan still be open and available
for draw-down if there were no writ outstanding;
(f) Please provide a copy of the loan documentation establishing your right to set off.
IMANBB /nca/6611/48/877196_1 09132006/10:00
. y
10. List all accounts or obligations owned by or owed to the Defendant, by number, title and
balance in which the defendant has any interest if not disclosed in response to another question
herein.
I hereby certify that the are true and correct, to the
best of my knowledge, information and belief, under penalty of 18 P.S. § 4904, relating to
unsworn falsification to authorities.
Date : 01,75-106
Name : o n of r'a? k. M 0l i n ;
Title : Corhpi;&tlee- ()??? ctr
for Garnishee (Name):
IMANBB /nca/6611/48/877196_I
09132006/10:00
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PRAMCO III, LLC COURT of COMMON PLEAS
Plaintiff YORK COUNTY, PA
V.
TIMOTHY J. WILBUR, individually and :
dba Tim Wilbur Mechanical Contracting
and
MICHELE L. WILBUR
Defendants No. 2006-NO-2215-Y30
and
ORRSTOWN BANK
and
ADAMS COUNTY NATIONAL BANK
and
MANUFACTURERS AND TRADERS
TRUST COMPANY
Garnishees
WRIT OF EXECUTION NOTICE
This paper is a Writ of Execution. It has been issued because there is a judgment against you.
It may cause your property to be held or taken to pay the judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, you must act promptly.
The law provides that certain property cannot be taken. Such property is said to be exempt.
There is a debtor's exemption of $300. There are other exemptions which may be applicable to
you. Attached is a summary of some of the major exemptions. You may have other exemptions
or other rights.
If you have an exemption, you should do the following promptly:
(1) Fill out the attached claim form and demand for a prompt hearing.
(2) Deliver the form or mail it to the Sheriff s Office at the address noted.
You should come to court ready to explain your exemption. If you do not come to court and
prove your exemption, you may lose some of your property.
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
BELOW to FIND OUT WHERE YOU CAN GET LEGAL HELP.
YORK COUNTY BAR ASSOCIATION
137 East Market Street
York, PA 17401
(717)854-8755
[CONTINUED on NEXT PAGE]
IMANN /nca/6611 /48/676401_1
09132006116:28
[CONTINUED from PREVIOUS PAGE]
MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW
1. $300 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
IMANBB /nca/6611/481876401_1 09132006/16:28
PRAMCO III, LLC COURT of COMMON PLEAS
Plaintiff YORK COUNTY, PA
V.
TIMOTHY J. WILBUR, individually and :
dba Tim Wilbur Mechanical Contracting
and
MICHELE L. WILBUR
Defendants
ORRSTOWN BANK :
and :
ADAMS COUNTY NATIONAL BANK
and
MANUFACTURERS AND TRADERS
TRUST COMPANY
No. 2006-NO-2215-Y30
Garnishees
CLAIM FOR EXEMPTION
TO THE SHERIFF:
I, the defendant, claim exemption of property from levy or attachment:
(1) From my personal property in my possession which has been levied upon,
(a) I desire that my $300 statutory exemption be
[ ] (1) set aside in kind (specify property to be set aside in kind):
[ ] (11) paid in cash following the sale of the property levied upon;
or
(b) I claim the following exemption (specify property and basis of
exemption:
(2) From my property which is in the possession of a third party, I claim the following
exemptions:
(a) my $300 statutory exemption: [ ] in cash; [ J in kind
(specify property):
(b) Social Security benefits on deposit in the amount of:
(c) other (specify amount and basis of exemption):
I request a prompt court hearing to determine the exemption.
[CONTINUED on NEXT PAGE]
IMANBB /nea/6611 /48/876401 1 09132006116:28
[CONTINUED from PREVIOUS PAGE]
Notice of the hearing should be given to me at
(Address) (Telephone Number)
I verify that the statements made in this Claim for Exemption 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.
Date: Defendant:
THIS CLAIM TO BE FILED WITH: Office of the Sheriff of Cumberland County
1 Courthouse Square, Carlisle, PA 17013
Telephone Number : (717)240-6390
IMANBB /nce/661 1 /4 8/87 64 01_1 09132006/16:28
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-00674 T 3
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
WILBUR TIMOTHY J ET AL
And now SHARON LANTZ
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0013:50 Hours, on the 4th day of October 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
WILBUR TIMOTHY J D/B/A TIM WILBUR MECHANICAL CONTRACTING , in the
hands, possession, or control of the within named Garnishee
ADAMS COUNTY NATIONAL BANK 1 BIG SPRING AVE
NEWVILLE, PA 17241
Cumberland County, Pennsylvania, by handing to
TRINA KULP (TELLER)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTTON
and made
the contents there of known to Her
Sheriff's Costs: So a
Docketing .00
,er•
Service .00
Affidavit .00 R. Thomas Kline
surcharge .00 Sheriff of Cumberland County
.00 00
10/05/2006
Sworn and Subscribed to
before me this day of By
A.D Deputy Sherif
I
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-00674 T // (p1 ~9
COMMONWEALTH OF PENNSLYVA17IA
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
WILBUR TIMOTHY J ET AL
And now SHARON T.ANT7
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0013:50 Hours, on the 4th day of October 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
WILBUR MICHELE L
hands, possession, or control of the within named Garnishee
ADAMS COUNTY NATIONAL BANK 1 BIG SPRING AVE
NEWVILLE, PA 17241
Cumberland County, Pennsylvania, by handing to
TRINA KULP (TELLER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTTON
the contents there of known to Her
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this day of
, in the
true
and made
So answers:
.00
.00
.00 R. Thomas Kline .00 Sheriff of Cumberland County
.00
00
10/05/2006
e
By
Deputy Sherif
A.D
t SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-00674 T/O?.P--SS q3
COMMONWEALTH OF PENNSf?YVANIA
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
WILBUR TIMOTHY J ET AL
And now SHARON LANTZ
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:51 Hours, on the 4th day of October , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
WILBUR TIMOTHY J D/B/A TIM WILBUR MECHANICAL CONTRACTING , in the
hands, possession, or control of the within named Garnishee
MANUFACTURERS & TRADERS TRUST COMPANY
1 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
BRENT SMITH (SELECT BANKER)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to His .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
So answe
.00
.00
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
00
0 0 11/1-71e6
10/05/2006
day of By v
Deputy S eri f
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-00674 T / 0 6 .-,55g3
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
WILBUR TIMOTHY J ET AL
And now SHARON LANTZ Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:51 Hours, on the 4th day of October , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
WILBUR MICHELE L in the
hands, possession, or control of the within named Garnishee
MANUFACTURERS & TRADERS TRUST COMPANY
1 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
BRENT SMITH (SELECT BANKER) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to His .
Sheriff's Costs: So answers:
Docketing .00
?` `?
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
0 0 ? //?f JO4
10/05/206
Sworn and Subscribed to
before me this day of By
epu y Sheri
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-00674 T / Qk -SS ?,2
COMMONWEALTH OF PENNSLYV A
C OUNTY OF CUMBERLAND
PRAMCO III LLC
VS
WILBUR TIMOTHY J ET AL
And now SHARON LANTZ
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:57 Hours, on the 4th day of October , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
WILBUR TIMOTHY J D/B/A TIM WILBUR MECHANICAL CONTRACTING , in the
hands, possession, or control of the within named Garnishee
ORRSTOWN BANK 225 S. HANOVER ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
CARRIE MCGEE (TELLER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her
true
and made
Sheriff's Costs: So answers-
Docketing .00
Service .00 Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
.00 ? Il?0 g? o
10/05/20 6
Sworn and Subscribed to
before me this day of By -?X46 J-t 0?
eputy heri
A.D
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-00674 T/ 6& -S'S93
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
WILBUR TIMOTHY J ET AL
And now SHARON LANTZ
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:57 Hours, on the 4th day of October , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
WILBUR MICHELE L
hands, possession, or control of the within named Garnishee
ORRSTOWN BANK 22 S. HANOVER ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
CARRIE MCGEE (TELLER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
, in the
true
and made
So answers-
.00
.00 " ?,455!?
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
.00 ?//jbZlb-?
10/05/2006
day of By
Deputy Sher
A.D
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL
Advance Costs: 1.50.00
Sheriffs Costs 234.46
18.00 15.54
4.60
25.50 Refunded to Atty on 10/24/07
19.36
80.00
60.00
27.00
234.46 Ih Il"f&t So Answers,
R.
7 a/'
By.
s
U
t
BARRY LONG : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
: NO. 06-5393 CIVIL
LISA A. LONG
DEFENDANT : IN DIVORCE
ANSWER TO PETITION TO ENFORCE MARITAL SETTLEMENT
AGREEMENT
COMES, NOW, Lisa A. Long, by and through her counsel, Sally J. Winder, Esquire, and
does by way of Answer represent as follows:
1. Admitted. ._
G,
2. Admitted. s-
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•_T l C3
3. Admitted.` N c.
4. Admitted.
i
5. Denied as stated. On the contrary, Defendant requested the bill and any collect?n no*ces
in connection with the $919.00 medical bill at the time of agreeing to the Settlement. To
date, Plaintiff has failed to provide the information necessary to make payment of this
account. Plaintiff has failed to provide an address or phone number to Defendant and
Defendant is unfamiliar with the Hamilton Law Group, and has no knowledge of the
address, phone number, claim number or any other information necessary to make
payment of the account despite requests for Plaintiff to provide this information.
6. Denied. Defendant has not incurred any debts for which Plaintiff may be held liable after
the date of the Marital Agreement dated March 10, 2008. Defendant has no knowledge of
any medical debts incurred by her in March 2009, notice for which would have been
received by Plaintiff. No copies of such notice are attached to the Petition and Defendant
has no ability to investigate the truth of the allegation, therefore strict proof of the
averment at hearing of this matter is demanded.
7. Admitted.
8. Denied. On the contrary, Defendant did not remove wicker chairs, an AB lounger, a
metal table, two black chairs or slide projector pictures from Husband's property. Further
denied that such items were, or are, worth $500.00. By way of further response,
Defendant was questioned about the whereabouts of these items by Pennsylvania State
Police and told them she did not take the items, had no knowledge of their whereabouts,
and that when she went with her son to the property approximately May 30, 2008, the
garage doors were open and the front door was open and not locked leading her to believe
that anyone could have taken items from the house without Plaintiff's knowledge as he
was not living at the house at that time.
9. Admitted.
10. Denied as stated. Defendant will pay and settle the claim for the $919.00 medical debt
when provided the information to do so by Plaintiff. Plaintiffs failure to provide the
necessary documents has caused him to receive any notices he may have gotten.
Defendant believes and therefore, avers that Plaintiff's credit rating is determined by
many more factors than this particular debt. Plaintiff has the right and duty to protest or
dispute the debts and obligations listed on his credit rating report and Defendant has no
right to attempt to influence credit reporting agencies concerning Plaintiff.
11. Denied. On the contrary, Defendant has none of Plaintiff's personal property and owes
Plaintiff no sums of money.
12. Denied. Plaintiff's bad faith in failing to provide the notice or bill in order for Defendant
to fulfill the terms of the agreement vis-a-vis the $919.00 medical debt prevents him from
having any right to an award of attorney fees as claimed. Further, Plaintiff's claim for
personal property is unfounded and without merit and Plaintiff has failed to plead a
specific amount of attorney fees or legal services which would support an award of fees
under the terms of the Marital Agreement. An award of attorney fees in this matter would
be unfounded as Defendant has not by her actions caused Plaintiff to incur any expense.
WHEREFORE, this Honorable Court should enter an order in favor of Defendant and against
Plaintiff for failing to show proof of any of his claims and finding that the filing of this Petition
is spurious and lacking in any factual basis.
Date: Respectfully submitted,
j
Sally J. Iffinder, Esquire
ID 27405
P.O. Box 341
Newville, PA 17241
Attorney for Defendant
VERIFICATION
Lisa A. Long, states that she is the Defendant in this action and the foregoing Answer is true and correct
as to her own knowledge, except as to matters therein stated to be alleged on information and belief,
and as to those matters she believes it to be true. This statement is made subject to the penalties of 18
Pa. C. S. Section 4904 relating to unsworn falsifications to authorities, which provides that if I make
knowingly false statements I may be subject to criminal penalties.
Date: L4 10 - 6? /S:?
Lisa A. Long