Loading...
HomeMy WebLinkAbout00-00578 1,< - H-'___ __ ~ _. "'__ I. 1I..,........",,; VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT CORPORATION Plaintiff VS. CHRISTOPHER FORTENBAUGH Defendant C NO...J6CO - S'7r CUle /~~ 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 an 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 other claims 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, COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ';,' '-. "-, ~. - , h[;.00i4c1 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS CHRISTOPHER FORTENBAUGH 28 MARILYN DRIVE CARLISLE, PA 17013-8818 DEFENDANT NO. olU1YO _ 579 ~ ~ CIVIL ACTION 1, FIRST SELECT CORPORATION, an organization domiciled at 5040 JOHNSON DRIVE, PLEASANTON, CA 94566, ,and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant, 2. The Defendant is CHRISTOPHER FORTENBAUGH, an individual who resides at 28 MARILYN DRIVE, CARLISLE, PA 17013-8818. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit owned by the Plaintiff bearing account number 4168100004315782. .:f " ---,- , -- -, -~ - -, ~~~i~' 4, The terms of said account are stated in the documentation attached hereto as Exhibit nA.n 5. The Defendant has failed to pay the amount owed in accordance with the account agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $3,119.98 as of 10/16/1999, plus pre-judgment contractual interest at the rate of 8,00% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit nA,n Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $624,00. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12, It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. 1-, -,' - '" ~ __dC">' J '~"_r"; WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT CORPORATION, and against the Defendant in the amount of $3,119.98, plus pre-judgment interest at the contractual rate of 8.00% per annum from 10/16/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $624.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P,C. BY, ~/ VALERI ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .' ,- -." -- ~". '_,'_ H . " ,',- I,IliIliiIiliIiiI . ~ ~c VERIFICATION I, HEATHER Konp!;:RRdl\l , declare: I am a designated agent of FIRST SELECT CORPORATION, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf, I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, I declare under penalty of perjury that the foregoing are true and correct. Executed this I Lr-b day of ~ Uo L<-< \,y. , 1999 at Alameda County, in the State of lifornia. Designated Agent FIRST SELECT CORPORATION CHRISTOPHER FORTENBAUGH 4168100004315782 5612-1 5040 JOHNSON DRIVE P.O. SOX 9104 ?\.~s,e..,""()N., CA 941566 888-964-4000 11 " II EXHIBIT A F1RST SELECT CORPORATION Your ASSOICA TES !lCCount has been transferred to First Select Corporation. Your ASSOICATES account was closed at the time of this transfer, and win therefore continue to be closed. This Account Agreement contains the terms that govern your First Select account (the "Account"). In this Agreement, "you" and "your" mean. each person who is liable for payment on the Account "We," "our," "ours," and "us" mean rU'St Select Corporation or its assignees. Because)'our Account has been transferred to us, you are now obligated to repay the Account to us instead of f\SSOICA TES. If the Account was opened as ajoint account, we may act on the instructions of any joint accountholder. Payments I Finance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To figure the fmance charges for each billing cycle, we multiply the average daily balance on your Account by a daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365. _ The Annual Percec1age Rate will be calculated as disclosed in your most recent ASSOICATES account terms (the "Original Terms"). If your Original Terms provided for different Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such. Annual Percentage Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement. You may ask First Select Corporation to pay this account by debiting your checking or savings account First Select Corporation will flI'St veritY your identity and eligibility for this service. You may revoke your authorization by writing to First Select Corporation Customer Service. . Fees. We will charge your Account a fee for each billing cycle within which your Account is delinquent (late charge). The amount of the late charge will be as disclosed in your Original Terms or the maximum late charge permitted by the law of your state of residence, whichever is lower. We will charge your Account a fee for each. returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original T~ or the maximum returned check charge permitted by the law of your state of residence. whichever is lower. To the extent provided in YOur Original Terms, and to the extent permitted by applicable law, in addition to your obligation to pay the outstanding balance on your Account, plus interest and fees as disclosed herem. we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' fees and court costs. If YOUI'" Original Terms provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out ~fthis Agreement Non~Waiver of Certain Rtghts. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. Applicable Law; Severability; Assigmnent: No matter where you live. this Agreement and your Account are governed by federal law and by the law .ofthe state designated as the applicable law in your Original Terms. If your Original terms did not contain an applicable law provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. 'Ibis Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable. We may transfer or assign our right to all or some ofrour payments. Ifstate law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financmg statement with the state's Secretary of State. Credit Reporting. If you fail to fulfill the tenns of your credit obligation., a negative credit report reflecting on your credit record may be submitted to a credit reporting agency. In order to dispute any information we are reporting about your Account, you must write to us at the following address: First Select Corporation, P.O. Box-9104, Pleasanton., California,. 94566. ~ YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Cnse ofErrots or Questions About Your Bill If you think your bill is wrong. or if you need more information about an ent.Iy on your bill. write us. on a separate sheet, at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon aspossib!e. We must hear from you no later than 60 days after we sent you theflI'Stbill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following: . Your name and Account number. . The dollar amount of the suspected error. . Describe the error and explain., if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect or report you as delinquent as to any amount you question,. including finance charges. We can. apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we.are investigating. but you are still obligated. to pay the parts of the bill that are not in question. Ifwe fmd that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount Ifwe did not make a mistake, you may have to pay fmance charges, and you witt have to make up the missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the date that it is due. If you fuil to pay the amount we think you owe, we may report you as delinquent However, if our explanation does not satisfY you and you write to us within 10_ days telling us that you still refuse to pay. we must tell anyone we report you to that you question your bill. .A.nd we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. Ifwe do not follow these rules, we cannot collect the fust $50 of the questioned amount even if your bill was correct Special Rule for Credit Card Purcl1a:ses If you have a problem with the quality of goods and services that you purchased with your ASSOICATES credit card and you have tried in good faith to correct the problem with the merchant,. you ma.y not have to pay the remaining amount due on the goods or services. There are two limitations to this right: (a) you must have made the purchase in your home state or, ifnot within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if either we or ASSOICATES own or operate the merchant, or ifwe or ASSOICATES mailed you the advertisement for the property or services. ZSB6 - - - - ~lMi.ilila~...,H..l~~!@'~%li'klWJ.iJ.'liir-~l diiI""'.- M~M~ ">- ~~ '-0 ~ ~ " ~'>"lilIlJlf ~~ "- "=~tlililllilli"-"~ ..t V} 3 t ~. ~ '< \V () C V~ rTlr,..., Zx Zr Cf)~ ~L_ kG p') ;;";0 >c; Z ~ ~ ~ -V ~ f t- ~ ~~ <:) o ..." CT1 CD , 08 -1-1 ~. --l '( ~': 31 V)', =B~ { c-:-ic) r ~~ . -, ~ -u ~ - N N , - -~t.' SHERIFF'S RETURN - REGULAR CASE NO: 2000-00578 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS FORTENBAUGH CHRISTOPHER KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within CIVIL ACTION & NOTICE was served upon CHRISTOPHER FORTENBAUGH the DEFENDANT , at 0010:52 HOURS, on the 4th day of February 2000 at 28 MARILYN DRIVE CARLISLE, PA 17013 by handing to RICHARD CLEARY (ADULT IN CHARGE) a true and attested copy of CIVIL ACTION & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 3,10 ,00 10.00 .00 31. 10 So AnS?~~~ R. Thomas Kline Sworn and Subscribed to before me this ;L Cj & day of 02/04/2000 PARK LAW ASSOCIATES ~~~- By: d o<-J~ . A ,,' .;z tnJv ~ a~ Prothonotary' A.D. ~. >" <,-,-', '''','''-- _f:". . ]'".. w VALERIE ROSENBLUTH PARK ATTORNEY I,D. # 72094 PARK LAW ASSOCIATES, P,C, 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 28 MARILYN DRIVE CARLISLE, PA 17013-8818 4168100004315782 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS CHRISTOPHER FORTENBAUGH Defendant NO.2000-578CV PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $3,119,98 $624.00 $99,84 ($0,00) ($0,00) TOTAL $3,843.82 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT, .'"-" > ,- .. - ,'---,,-~.'- r-c ~"'EiN", I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe, A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A", 6/1--- VALERIE SENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, [Yl';:/flr! ;;'1 , ;;;--I/>O ' Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, VALERIE ROSENBLUTH PARK ATTORNEY LD. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF:M60ROSEWOOD PLEASANTON, CA 94588 DEF: 28 MARILYN DRIVE CARLISLE, PA 17013-8818 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS CmuSTOPHERFORTENBAUGH Defendant NO. 2000-578CV NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: CHRISTOPHER FORTENBAUGH 28 MARILYN DRIVE CARLISLE, PA 17013-8818 DATE OF NOTICE: 2/28/00 ___ EXHIBIT I Jt IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAlLED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIIIS NOTICE, A nJDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS NOTICE TO ALAWYER 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 GET LEGAL HELP. COURTADMINlSTRATOR CUMBERLAi'ID COUNTY COURTHOUSE, 4tb FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES,P.C. BY: ~~ VALE ROSENBLUTH PARK., ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, , I' ->'-"' . .-~ c. . _",,' :,,':.1 .........,.~"- VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 28 MARILYN DRIVE CARLISLE, PA 17013-8818 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VB CHRISTOPHER FORTENBAUGH Defendant NO. 2000-578CV VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that CHRISTOPHER FORTENBAUGH, Defendant is over 21 years of age; that his/her place of residence/business is located at 28 MARILYN DRIVE CARLISLE, PA 17013-8818 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. PARK LAW -- BY: Valerie Rosenbluth Park Attorney for Plaintiff E10 "" .. ~' -. . 'I .~o-" _ _,,',. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P,C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 28 MARILYN DRIVE CARLISLE, PA 17013-8818 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS CHRISTOPHER FORTENBAUGH Defendant NO. 2000-578CV 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: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PROTHONOTARY: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. l......:. ,n_,_",___ i '...._ n. "_~ .. , '= .~ <<. - -......,...... ~.__L r.o' ~ '_'_= . ..... ,;,'.-,"" (J~ t~~g B ..() ii' LJ r' IN "v ~ t~'-J;b ~ T' l:. A --:u ~ () c s: -Ocn mm Z:X, 0~. ~CJ ~Q :;;:;i::! ~ ,., ,. C> o :x -~ "6 N -.J " :x o ~Tt ~,~ .:2) '"'"'ITl :3~ -J~-n ")- C'M o -... )> :::0 -< ':J --.J >- CD ~ ~ ~ I..l.JQ M pf'5 of ..."'" x: ~>- .-t..r- 0- 0:>- ~<5 \D ~~ rr" UJ-i5.: N , X~~ >- '""ill -~.,' """ ro:o... ,-- :II;: ~ u.. C) :5 e, 0 (;.) . U) .0: .0: H riI Z ~ H .0: ~ p< :> ~ H Z >< 0 U) :;; Z tIl :;; Z . H 0 rilH :.: '" . Q -B U P<H .0: ~"'< '" !~ :> H ~"'< E-i+J ... Ii< -H .0:'''' ~ c I'< 0 'U I :3: .W .0: <U ~ 0 IIi C :':'0 ~ ~ Uoo Z U .,., IIi C ~ f"- a U)<U U(j) U j ::0 O"'rilH .-< U)"'< 0 Z I U~ .p< (j) 0 U .o:o~u 0 '0 "" Hoa~ IIi ~ riI ,,",0:> Z ~ IIi ~NHH 0 IIi ~ i11 o H' ""' p< H :;; :> ~ . H "" ~ p,~~~ ?;! Ul '5 fa ;: .. / HM-9!O IL9' AD<SIi 149' 'S-€S IL9'.:I8-l;SIL9 "ON I'll:lO:l'OO ^lddns 1Va3131VlS-"... .' \ , MAY 3 0 2!'~~ .~J! - . -~.. r ~' I' ..:.-.,' ""e'; ',"~;,~I;;~i-';;""__; ':';,-,." -'".;;... ',-,.f ~ib'1 - , , " " : SHARON D. SCHWARTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA vs. NO. 2ITOO-678 CIVIL RALPH H. SCHWARTZ, Defendant IN DIVORCE CIVIL ACTION - LAW ORDER AND NOW, this day of , 2000, it is hereby ORDERED that Defendant's Motion to Compel Discovery under Rule 4019 is hereby granted and the Plaintiff is directed to fully and completely answer Defendant's Interrogatories and respond to Defendant's Request for Production of Documents within days from the date of this Order. BY THE COURT: J, ~- , " " ,',' -~, .,' ,~ ,Il-'-,~ -l:'-';' . t .' SHARON D. SCHWARTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA vs, NO. 2000-678 CIVIL RALPH H. SCHWARTZ, Defendant IN DIVORCE CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this ')1' day of fVI"1 , 2000, upon consideration of the foregoing Motion, the Court grants a Rule to Show Cause on Plaintiff why the relief in said Motion should not be granted. Rule returnable 2.0 days from the date of service. BY THE COURT: /1 ~f1cJJ- t. J-Q 0 R~ J. ~ ,-,,-, ~ .-~ --',-', " , ~ !: I I I [. " < "." ' ,-,. , , - - ,,- .~. > RLED-OFFlCE OF 1~1::: c'-:;O"PONO-I'ArnJ .'1"" 11,,'111 i r\lll 00 MAY31 PH 3155 CUMBERlAl'>iD COUNlY PENNSYLVANIA ,J~ , ~ . """ " ,,~<=- >, .~"",~-, . ,T." .,.- _--I -.. .<.., .'. O','_-.fi---,' ~ ". ~.-"_. ..,.,.~; _".~" I,~~- .', " < I .' SHARON D. SCHWARTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA vs. NO. 2000-678 CIVIL RALPH H. SCHWARTZ, Defendant IN DIVORCE CIVIL ACTION - LAW DEFENDANT'S MOTION TO COMPEL DISCOVERY AND NOW, comes the Defendant, Ralph H, Schwartz, by his attorneys, Purcell, Krug & Haller, and files the following Motion to Compel Discovery and in support thereof avers the following: 1. Plaintiff, Sharon D. Schwartz, is an adult individual residing at 548 North Enola Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant, Ralph H. Schwartz, is an adult individual residing at 1845 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. This divorce action was commenced by Plaintiff who filed a Complaint to Civil Action No. 2000-678 on or about February, 2000. 4, On or about April 4, 2000, Defendant served Plaintiff with Interrogat:ories to be answered within the prescribed thirty (30) day period pursuant to pennsylvania Rule of Civil Procedure No. 4006. See attached Exhibit "A". 5. On or about April 4, 2000, Plaintiff also served Defendant with a Request for Production of Documents to be answered within the prescribed thirty (30) day period pursuant to pennsylvania j; c_'t' ,-t'''tel, .'< ". .,__ ~". -""::~,':;;'E~1-' ~-r .' Rule of Civil Procedure No. 4009. See attached Exhibit "B". 6. Plaintiff has failed to answer any of Defendant's discovery requests within the required thirty (30) day time period. 7. pennsylvania Rule of Civil Procedure No. 4019 empowers the Court to compel the Plaintiff to answer Defendant's Interrogatories and Request for Production of Documents or face the possibility of having sanctions imposed. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to immediately and completely answer the Request for Production of Documents and Interrogatories propounded by Defendant. rd B. Krug, Esquire #16826 th Front Street Harris urg, PA 17102 (717)234-4178 Date: 5/.1O'J 2 . . . -_. ,', ,," l-. ~"" , S~;~ON C. SCWARTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA VB. NO. 2000-678 CIVIL ~~L?H H. SCHWARTZ, Defendant IN DIVORCE CIVIL ACTION INTERROGATORIES PROPOUNDED BY DEFENDANT FOR ANSWER BY PLAINTIFF TO: SHARON D. SCHWARTZ,PLAINTIFF and PAUL ESPOSITIO, ESQUIRE, HER ATTOP~JEY INSTRUCTIONS We are enclosing herewith Interrogatories propounded by the ~efendant in the above-captioned matter to be answered by the Plaintiff in writing and under oath within thirty (30) days from the date of service hereof, with a request that a copy of the answers be served upon Counsel for Defendant, Each Interrogatory hereinafter set forth calls not only for the knowledge of the Plaintiff, but also for the knowledge that is available to said Plaintiff by reasonable inquiry, including inquiry of representations, attorneys and others, These shall be deemed to be continuinq Interrogatories. If, between the time of your answers and the time of trial in this case, you or anyone else acting in your behalf, learn of further information not contained in your answers, you shall promptly furnish said information to the undersigned attorney by Supplemental Answers, please attach written materials to any answer for which wricten answers are available, If they are not available, state where they can be obtained, Label the written materials with the number of the Interrogatory to which they pertain, If there are no written materials relevant to a question, please state. If any problems arise in answering the Interrogatories or interpreting the scope of the request, please contact the attorney whose name appears at the end of the Interrogatories, Following such a procedure may obviate the need to make objections to questions and may eliminate the need for a Motion to Compel Discovery, EXHIBIT "AD -" ~ ' > ,. ~"L . l " A. When you are asked to identify anything: 1. If it is a person, give that person's name, address ana telephone number. 2. If it is a document, state the nature of the document, its date, identify the person who prepared it and the person in whose possession it is, and a brief statement of its subject matter, 3, If it is a financial, mutual fund, brokerage, retirement or institutional account; describe the nature of the account, the account number, and provide the name and address of the institute where such is on deposit. 4. If it is anything other than a person, document, or account, give a brief description of it sufficient to inform as to its nature, location, value, ownership, possession and control, if applicable. 2. The term "Date of Separation" shall mean March 28, 2000. Your cooperation will be appreciated. 2 " , . ~ 1iHll.~ INTERROGATORIES 1. tor each calendar year from January 1, 1999 through the end of this year, state the total gross income you have received and expect to receive from all sources, identifying each source of such income and the amount you have received or expect to receive from each source (including interest, trust, rental and investment income). 3 , , j , 2. Identify all banking, brokerage, investment, financial institution, mutual fund and similar accounts in your na~e or in your name with another (i.e. joint or otherwise), or being held for you in Trust, formally by a Trustee, or in the name of another for your benefit as of: ^ n. Date of Separation B. The current date 3, As to each account you have identified in your Answers to Interrogatory 2 (A) and (E), state the value or balance as of A. Date of Marriage; B, Date of Separation; Currently; 4 ,-'-- ~ --- . ~(, ~ >--, .J ';"'ot~bk 'I , " 4. Identify all accountant(s), stockbroker(s), insura~~2 agent(s) and financial advisor(s) whose services you have used over the last twelve months, 5 " 1 - ~. , ~. ~_~2.S~ accach to ~~ese Interrogatc~ies an inventc~y and appraisement of all property owned, controlled or possessed by you at the time of separation and when this divorce action was commenced, as well as a listing or all property transferred within the preceding three (3) years, in accordance with the requirements or the Divorce Code. Identify in your inventory and appraisement all stocks, securities, bonds, bank accounts, credit union accounts, investments, beneficial interests in trusts, interests in any form of indebtedness, real estate, life insurance and annuities, pension, profit sharing plans or other deferred corporation plans, safety deposit boxes and their contents, interests in partnerships, corporations or other business ventures, HRlO, IRA or other similar plans, airplanes, boats, motor homes or other similar vehicles, collectibles, and any other property in which you have an actual, beneficial or equitable interest. 6 " -I; .'!.1>,;.- ., 1 ,. Identify all witnesses you intend to call at ~h~ 3pecial Master's hearing. 7. Identify and state the value of any property you brought into the marriage, valuing same as of: . a) Date of Marriage b) Date of Separation 7 '1~ " c. L~3= any and all proper~y or thing of value noc previously identified which is held in trust or otherwise for your Gw~0Ei[ or use by or in the name of a Trustee, ~nother person, or entity and provide the following as co each: (a) The nature and marital value of the properey or thing of value; and (h) Identity of the custodian or Trustee thereof, 9. Please attach a copy of your current income and expense statement as required by the Pennsylvania Divorce Code and the Pennsylvania Rules of Civil Procedure. 8 ~" '".' , I. .~~'"' ~ , l~ Over the last ten (10) months, identify each marita~ obligation toward which you have paid to reduce any balances, stating how much you have paid (i.e., mortgage, charge accounts, credit cards, etc.) 11, With respect to the last question, over the last ten (10) months, has your spouse paid any money toward marital debc and obligations to the best of your knowledge? If so, please state the sums paid as to each. 9 ill . ~ I.- 'lkL~11 " _ ~ad prepared for you or have iSS~2d within the past five (5) years, a financial, net worth or similar statement, please state as to each statement: (a' Each asset showing and the value given, (b! Each liability showing and the balance given. (c) The identity of each person or entity receiving said sc:atement. In lieu of answering the above, you may attach a copy of each stateme~t to your Answers to these Interrogatories. 13. Identify each gift of cash or property you have received since the date of marriage from either your Father, Mother or any other person, the individual value of which exceeded five ($5,000) dollars. 10 '~,' '"' 1 14. If ycu sold, expended, or trans~erred an~. ~ar~cal pr'J~e=~~. to a third party, or removed from the marital home any items of personalty, since January, identify all such marital property. 15. Identify all retirement and pension plans you own, enjoy or benefit from in any way, including but not limited to pension, retirement plans, deferred pension plans, employment-related 401(k) plan(s), and personal plan(s) (i.e., IRA), and state as to eac~: (a) Value as of date of marriage (b) Date of Separation Value fh , By Dated: D U6826 1719.. North Front Street -Harrisburg, PA 17102 (717) 234-4178 11 2IltI.~~_1iI!Oi~ , .~. t CERTIFICATE OF SERVICE I, KARl A. UMHOLTZ, an employee of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the foregoing INTERROGATORIES PROPOUNDED BY DEFENDANT FOR ANSWER BY PLAINTIFF was made upon the following by pl~cing a copy of same in the United States mail, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania, on Jif,,1. C Lj ::)000 heeL A. C0}tJl<.-~f-l"'i KARl A. UMHOLTZ :J ' ':i"..~ " , ., ill~1l> SHARON D. SCHWARTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA vs. NO. 2000-678 CIVIL RALPH H. SCHWARTZ, Defendant IN DIVORCE CIVIL ACTION - LAW PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT TO: SHARON D. SCHWARTZ, PLAINTIFF AND PAUL ESPOSITIO, ESQUIRE, HER ATTORNEY PLEASE TAKE NOTICE that you are hereby requested to produce for inspection and other purposes including copying, pursuant to Pennsylvania Rules of Civil Procedure No. 4009 and other pertinent rules at t~e office of the counsel for the requesting party, or at such other location as may be mutually agreed upon by counsel for you and for the requesting party, not later than thirty (30) days after service of these requests, the documents and items herein cited, 1 EXHIBIT ABA lIli'~ - I~ J, .', <,. ,- ,.-1. ~;' INSTRUCTIONS/DEFINITIONS A. For the purposes hereof, the term "Date of Separation" shall mean March 28, 2000. B. For the purposes hereof, the term "Critical period" shall mean the twelve months prior to the current date. C. The word "document" or "documents" as herein used includes but is not limited to photographs, video tapes, drawings, reports, statements, computer files, and memoranda, as well as all other documents defined in Rule No. 4009. REQUESTS As previously requested, please produce the following pursuant to Pa.R.C.P. 4009: ,1. All documents showing your receipt, removal, deposit, and application of marital funds during the Critical Period. 2. All documents showing the present balance and location of all funds in your possession or in accounts controlled in whole or in part by you since the Date of Separation to the current date. 3. All documents showing your post-separation payment of debts existing prior to Date of Separation. 4. All documents showing your paym~nt by credit card or charge account over the last nine (9) months. 5. All documents showing the date of separation value and current value of your interest in all pension plans, retirement plans, 401K plans, ESOP plans, KEOUGH plans, lRAs, and employment benefits, 2 .iir ~.! \ . ,~ '~ - ". r , .L~ ~~ 'MlIillii: 6. Copies of any documents requested in or referred to by you in formulating your Answers to Defendant's Interrogatories. 7. All documents evidencing your sale, conversion, or transfer of any assets acquired during the marriage, by gift, inheritance, or otherwise to the present date. 8, Copies of all bank, credit union, brokerage, money market, mutual fund, and similar financial account statements showing Date of Separation balances, regardless of whether such accounts are in your name, joint with another person (and you), or whether the account is titled in the name of a Trustee or another for your benefit. Please include reference to certificates of deposit, savings certificates and passbook accounts. 9, Copies of all bank, credit union, brokerage, money market, mutual fund, and similar financial account statements showing current balances of the assets referred to in Request #8, including but not limited to certificates of deposit, savings certificates and passbook accounts. 10. Copies of all documents showing how you have applied funds removed from joint accounts over the last twelve (12) months. 11. Copies of all statements with respect to bank and other accounts in your name during the Critical Period. 12. All documents showing appreciation in value of or earnings in any non-marital accounts or assets from the date of marriage to the Date of Separation. 13. Documentation showing the total net proceeds you received or will receive from the sale of the Grayco Building. 3 . tI. \ li1~i 14. All Partnership Agreements in which you are or were a named partner during the marriage. 15. All documentation showing your investments in any partnership or business entity and the source of such investments. 16. Document(s) showing che nature and value of any interest you have in any partnership, business, or trust. 17. Joint tax returns and tax information, including but not limited to 1099, W-2 and K-1 forms received, for calendar years 1996, 1997, 1998, 1999 and 2000. 18, All quarterly or monthly financial statements you have received from any Trustee since January 1, 1999 showing the value of any interest you may have or had in such entity. 19, Credit Card statements you have received since June 1, 1999 wherein Defendant is a named, responsible party. 20. As to each person whom you intend to call as an expert witness at the trial in the above matter, provide a copy of his expert opinion report and curriculum vitae, 21. Please attach to these Interrogatories an inventory and appraisement of all property owned, controlled or possessed by you at the time of separation and when this divorce action was commenced, as well as a listing of all property transferred within the preceding three (3) years, in accordance with the requirements of the Divorce Code. Identify in your inventory and appraisement all stocks, securities, bonds, bank accounts, credit union accounts, investments, beneficial interests in trusts, interests in any form of indebtedness, real estate, life insurance and annuities, pension, profit sharing plans or other deferred interests in partnerships, 4 r- c ~, -'~' , ~" " .J:hoji~;, corporations or other business ventures, HR10, IRA or other similar plans, airplanes, boats, motor homes or other similar vehicles, collectibles, and any other property in which you have an actual, beneficial or equitable interest, 22. Please attach a copy of your current income and expense statement as required by the Pennsylvania Divorce Code and the Pennsylvania Rules of Civil Procedure. 23. All documents showing any interest you have received or will receive in the future from your Father's estate or otherwise as a result of his death or that of your Mother. lf~ , , Date: ,'.-- ,- -- 1719 nt Street Har' g, PA 17102 (717)234-4178 5 .- ,_ -001 . '~.- ~ =' ,".--C._____.' -f L. --i..t~ CERTIFICATE OF SERVICE I, KARl A. UMHOLTZ, an employee of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the foregoin9 REQUEST FOR PRODUCTION OF DOCUMENTS was made upon the following by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania, on A(1', 1 '-I, dood PAUL ES~OSlTlO, ESQUIRE GOLDBERG KATZMAN & SHIPMAN, P.C. PO Box 1268 Harrisburg, PA 17108-1268 COUNSEL FOR PLAINTIFF I4CLlA.'_ KARl A, A. . . . llfilJJ}I 1-1)-, UMHOLTZ i.J .. .u .h # _"', ',_. '" --, ~ ~1_-_' _ _L "",,c,.,,-, " -~ ,',.-' ,. ~__,_ "'-I. .di..l.lll,~ ' CERTIFICATE OF SERVICE I, CYNTHIA A. SCHUBACK, an employee of the law firm of Purcell, Krug & Haller, counsel for Defendant, hereby certify that service of the foregoing DEFENDANT'S MOTION TO COMPEL DISCOVERY was made upon the following by placing a copy of same in the United States Mail, first class mail, postage prepaid, Dauphin County, Pennsylvania, on ~ CllL~. ~ -0 , 2000. Paul Esposito, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiff G,,\~ -l~ ~~~~~ Cynthia A. Schuback