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HomeMy WebLinkAbout00-02559 , '- , I- "i; WILLIAM G. WISE, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : . . v. : : NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L SEES : : CIVIL ACTION - LAW ATTORNEY'S FEES EXHIBrr I. Fees per 2/15/01 Order (J. Hess) II. Fees following the 2/15/01 Order: 2.3 hrs @ $125/hr (itemized below) $300.00 $287.50 III. Est. fees for attendance contempt hearing: 1.0 hr @ $125/hr sub-total payment (4/3/01) 5125.00 $712.50 5487.50 TOTAL DUE $225.00 Itemized Time Charges 3/2 Draft ltr Sees .2 3/11 Draft Petition for Contempt; Orders (for hearing and for relief following hearing); Itr Sees; Itr Judge Hess 1.5 3/12 File contempt Petition; service on parties N/C 3/14 TC message Bill N/C 3/15 TC Bill; review responses to Interrogatories; Itr Sees .3 4/1 TC Bill N/C 4/3 TC message Bill N/C 4/4 Prep for contempt hearing .3 I verify the statements made herein are true and correct. I understand false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: 4/4/01 , KE NE F. LEWIS, ESQUIRE Attorney I,D. No. 6~383 1101 ~Qrth Front Street narrisburg, PA 17102 (717) 234-3136 Counsel for Plaintiff ~ kL 3. On or about October 26, 1999, you signed an agreement with the plaintiff (copy attached to the original Complaint) stating you would purchase a specified 1991 Tractor: a. Did you purohass the traotor. It so, provide the date of purchase, the seller, the location of the tractor (if transferred to another, fully identify the person or entity to whom transferred and the terms of the transfer) . NO b. If you d~d not purchase the tractor, what did you do with the money loaned to you by Plaintiff specifically for the purpose of purchasing the tractor (state exactly where it was deposited, and if not still there, state exactly what it was used for, the dates of payment, to whom the money was qiven and whether the money was paid in cash, check or otherwise) /0 F.V /lLe4sed moc"/<y)1R.y Tl>A:"o/';:;.e"ve 1t-1J7er> 4. REAL ESTATE: Does the Defendant have an ownerShip or interest in any real estate anywhere in the United states? If so, set forth a brief description, include the structure and lot size and type of construction; the location, including the state, County, and Municipality; the Volume and Page number of the official record thereof; and state further whether the Defendant owns it solely or together with any other person or persons and give their full names and addresses. Supply the current value of the properties and the basis for the valuation (estimate, tax assessment, appraisal, etc.). If any of the above properties are mortgaged, supply the name and address of lenders, the date and amount of the Mortgage, where it is recorded, the monthly payments and the balance now due. Also, supply the purchase date, purchase price and the name of the party from whom the property was purchased. !ilIIIllh..i // ,p/' 5. TRANSFERS OF REAL ESTATE: In the three (3) years preceding to the date of these Interrogatories has the Defendant transferred any real property either by sale, gift, exchange, or otherwise? If so, give a description of the property transferred, the method or manner of transfer, the name of the person, firm or other entity to whom transferred, the consideration or amount received by the Defendant and the time and place of the transfer. 5. TRANSFERRED ASSETS AND GIFTS: If, in the preceding ~hree (3) years, the Defendant has transferred any assets (real or personal property), including all vehicles, not covered by the immediate preceding Interrogatory, to any person or entity, and/or, if the Defendant has given any gift valued at more that Two Hundred Fifty and 00/100 ($250.00) Dollars, of any asset, including money, to any person; set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. This includes property that was o~ned by the Defendant and transferred to joint ownership with another person or entity. "" I '.~. -~"'k fI :;j - // // ,;1 14. PERSONAL PROPERTY: state whether or not the Defendant owns any personal property. Inolude a full desQr~ption of all machinery, tools, equipment, inventory, furniture, fixtures, furnishings, rifles and other weapons, and any other items of personal property with full description, giving full value and present location. state also whether or not there are any encumbrances or liens on that property and if so, the name and address of the encumbrance or lien holder, the present balance owing on that encumbrance and the transaction which gave rise to the existence of the encumbrance. state where and when the encumbrance or lien was recorded. If the Defendant owns any personal property jointly with any other person or persons, give their I'IIUlll1l _1'1<1 ""4<1>:,..,,,.. fJ Ot:!5l "tJ~y'-&'Y eAle''''' I 8f'-l f:llfI;'" ~ ,- " ~ I........ "I ~- , 15. RENTED PROPERTY: Is any of the property of the Defendant rented to, leased to, or otherwise in possession of a third person? If so, state full description of the property; the name and address of the person, firm, or other entity who has possession of the property; the circumstances and reason why the property is in the possession of the third person; the consideration or payment received by the Defendant; the name and address of the person who receives the rents or other consideration on behalf of the Defendant'lIoIdL~-e.?~ OLd' 7f,.e R();Qd TR..d'S l71?,Qller 70 C/o -,a",v-GOon;/Ry fj::lsT ~1er'f&r6 Ik. 2. (-,4 G- /I,.fLa.1h A::: " / /- 16. MOTOR VEHICLES: state whether the Defendant owns or has any partial ownership or other legal rights in any motor vehicles of whatever nature. Include a full description of each such motor vehicle (including color, model, title number, serial number and registration plate number). Also show the name(s) in which each motor vehicle is registered, the present value of each motor vehicle and thei~ p~...nt ~aa~t~~h. .n~ p~.a.. or ~equlft~ 8eoraqe, garaging or parking. state whether there are any encumbrances on those motor vehicles and if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of that encumbrance, the present balance of the encumbrance and the transaction which gave rise to the existence of the encumbrance. If not owned, state the extent of the Defendant's rights in and to such vehicles. of Sor61'fvt1y J'l1rWI/ olw.JercI1:p 9"'1 K3SVO ""~ j !pf1/P I ::::rt.1s~~~c;:::~ /JrburvJ.. (kc - q? 4rvu.'Vc{ ~ -1cr ~ STfJ/"OtJ"-'U /1OO039J.1~"(jIV BcNk. .;? "',( /J;?xJtv.(, / (" 00 0 -" ~",'- , 'it LAW OFFICES KBlIRETB 1'. LEWIS 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 FAX: (717) 234-8288 F'LE March 15, 2001 Mr. Ronald L. Sees, Jr. aka Mr. Ronald L. Sees 232 S. Progress Avenue HarriSburg, PA 17109 Re: Wise v. Sees (2000 S 2559) Dear Mr. Sees: I have this date received incomplete answers to the questions sent you. As you know from my prior correspondence, you must send $487.50, plus complete answers in order for the upcoming contempt hearing to be cancelled. Specifically, as you know, you took thousands of dollars from Mr. Wise for the purchase of a trailer. You stated in your answers (3a) that you did not buy the trailer, which means you were supposed to answer question 3b: "state exactly where [the money] was deposited, and if not still there, state exactly what it was used for, the dates of payment, to whom the money was given and whether the money was paid in cash, check or otherwise." Your response of "to fix a leased tractor, try to keep above water" is not sufficient. You must provide the rest of the information. In fact, in reviewing your responses, it appears you answered only about one-half of the questions. Again, the Court will be sending you a notice of the contempt hearing. If you provide the answers and make the required payment, I will notify the Court that the hearing may be cancelled. otherwise, we will have to go to Court. I will be out of my office the week of March 19th, but will be returning March 26th. I would have telephoned you, but you left the space provided for your telephone number blank. SinCerjy, K~.f!: L<wH p.c. Mr. William G. Wise .0' -,-L:-.l , ~, '" ,!,I - < I ..: KENNETH F. LEWIS, ESQUIRE Attorney I.D. NO. 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Counsel for Plaintiff WILLIAM G. WISE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES : CIVIL ACTION - LAW ORDER AND NOW, this /St-A day of ~A/J-f1Jv , 2001, upon it is Plaintiffs' Petition for Contempt and for Award of sanctions, ORDERED that ~~rntni!Y is scheduled for the ,_~ day of Of/! AA ) , 2001, in Courtroom 4 of the Cumberland County Courthouse, at3:30o'clock ~.m. ~ ~~~.O\ BY THE COURT: 03 ~ ,4J '" J. DISTRIBUTION Kenneth F. LeWis, Esq., 1101 N. Front st., Hbg., PA 17102 Mr. Ronald L. sees, Jr., 232 S. Progress Ave., Hbg., PA 17109 " - ___u____ , ~i~~,IU~II_lIi~'Hlmdiliilllili_lillilii~:I>th/J,~_"1""t$;i,,.,ri1~I,.U:4jij'i;!i;_i:<i~Mfjj:l",Jt.1!1bjlllIJillli~lfj~ ~ -",,'- ~ " c' VIM )J-Nndo ~~~?,.,d 8 c . <JI:J/IVfJQ -2 1M ~ \, ,./ QrJj.J { AbVJ.Oif/. . 0 ,],~tlJ,:';E\\~ ,,~:"-/i ::f0' ,~ Ij::i79 "._~" ~ ~ _~.,~~~ ~ . ,-~. -~IIil_"'''- '-, " ,~, "j, KENNETH F. LEWIS, ESQUIRE Attorney I.D. No. 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Counsel for Plaintiff WILLIAM G. WISE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES : : CIVIL ACTION - LAW TO: THE HONORABLE KEVIN A. HESS: PETITION FOR CONTEMPT AND FOR AWARD OF SANCTIONS AND NOW, COl\les Plaintiff, William G. Wise, by his attorney, Kenneth F. Lewis, and states the following: 1. TO assist Plaintiff in collecting upon the judgment he obtained against Defendant on June 12, 2000 in the amount of $26,496.56, Plaintiff's counsel served Defendant with Post Judgment Interrogatories-Interrogatories in Aid of EXecution on November 1, 2000. 2. Plaintiff's counsel served the. Interrogatories by regular mail and by certified mail, the latter being refused by Defendant; the regular mailing did not come back. 3. After Defendant failed to respond in any manner to the discovery requests and although Defendant had already been properly served on November 1, 2000, Defendant was personally served by a process server with the jUdgment Interrogatories on December 10, 2000. 4. After Defendant, once again, failed to respond in any manner, on January 23, 2001, plaintiff filed with your Honorable Court a Motion to compel Discovery and for Award of sanctions. .e -,_. -' , ~ ,. ,,~.", ~ ~ L;. 5. on January 25, 2001, the Honorable Kevin A. Hess entered a RUle upon Defendant to show cause Why the relief requested should not be granted. The Rule was made returnable 15 days from service. 6. Defendant did not respond to the RUle and on February 13, 2001, Plaintiff filed a Motion to Make the RUle Absolute. The Order was signed by the Honorable Kevin A. Hess on February 15, 2001 (copy of Order attached hereto). 7. pursuant to the February 15, 2001 order, Defendant was to provide answers to the subject discovery and to pay $300.00 attorney's fees by March 9, 2001. 8. On March 2,2001, Plaintiff's counsel sent Defendant a letter, reminding him of his obligations under the February 15, 2001 Order (copy of letter attached hereto). 9. In the preparation and arguing of this Petition, . Plaintiff has incurred, and will further incur, counsel feeS for which Defendant Should be responsible due to his refusal to respond in any way to the discovery requests and to this court's Order and Rule. 10. Defendant is not represented. His address is 232 south Progress Avenue, Harrisburg, pennsylvania 17109. His telephone number is unknown. WHEREFORE, Plaintiff requests this Honorable court, after hearing, to issue an Order: a) finding Defendant in contempt; b) Ordering Defendant to provide complete answers to the sUbject discovery Interrogatories; c) ordering Defendant to pay Plaintiff's attorney's fees incurred in the preparation and arguing of this Petition, in addition to the $300.00 counsel fees already awarded; and d) granting such other relief as this Court deems just and appropriate. DATE: March 12, 2001 Respectfully SUbmitted, ..!/:.k LEWIS, ESQ. Counsel for Plaintiff -. ,j ~~, I VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. 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. Dated: 3/12/01 j"i KEI:JJi F. LEWIS, ESQ. CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing document to defendant by mailing same by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to: Mr. Ronald L. Sees, Jr. aka Mr. Ronald L. sees 232 S. progress Avenue Harrisburg, PA 17109 DATED: 3/12/01 KEN ET F. LEWIS, ESQUIRE Attorney for Plaintiff -"-~',,,',i;,-, ~ FEB.! 5 7o.~ WILLIAM G. WISE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES CIVIL ACTION - LAW Q~DER OF C.QUR~ AND NOW, this I~<< day of February, 2001, upon consideration of the attached Motion to Make Rule Absolute, the January 2!, 200~ Rul. 1M mA~e Abeolute end the Court Or~er. the fQIIQwinq telief. 1. Defendant shall serve Plaintiff's counsel with full and complete answers to the Interrogatories served upon him within twenty (20) days of the date of this Order; and 2. Defendant shall pay to Kenneth F. Lewis, Esquire, attorney for Plaintiff, the sum of $300.00, for attorneys' fees incurred by Plaintiff relating to Defendant's failure to respond to discovery requests. Defendant shall make payment within ten (20) days of the date of this Order. BY THE COURT /11"";,, 51 -ILL J. D1STRIBUTION Kenneth F. Lewis, Esq., 1101 N. Front st., Hbg., PA 17102 Mr. Ronald L. Sees, Jr., 232 S. Progress Ave., Hbg., PA 17109 _I", . > '.-, ". LAW OFFICES ltEIINBTR P. LEWIS 1101 N0r~h Front sureet Harrisburg, PA 17102 (717) 234-3136 FAX: (717) 234-8288 FILE March 2, 2001 Mr. Ronald L. S..., Jr. aka Mr. Ronald L. Sees 232 S. Progress Avenue Harrisburg, PA 17109 R_l Wis. v. sees No. 00-2559 (Cumberland County) 1" Dear Mr. Sees: This letter is being written as a reminder that you must ~orward $300.00 and your responses to the judgment interrogatories by March 9, 2001. If you do not do so, a contempt Petition will be filed against you the morning of March 12, 2001. Similar to other letters I've sent you, this not being sent simply as a benevolent reminder to you. this letter will become the Exhibit "A" to the Contempt letter is A copy of Petition. While you have ignored everything sent to you to date from both myself and from the Court, I remain hopeful you will abide by the Court's Order. If not, I suppose I will see you in Court. Sini7lY, K.f:~. LEWIS p.c. Mr. William Wise KENNETH F. LEWIS, ESQUIRE Attorney I.D. No. 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 WILLIAM G. WISE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : : NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES : : CIVIL ACTION - LAW ORDER AND NOW, this z- S-.r- day of 1~"7 , 2001, upon Plaintiff's Motion to Compel Discovery and for Award of Sanctions, it is ORDERED that a Rule is hereby granted upon Defendant to show cause why he should not be compelled to respond to the post-judgment interrogatories and why he should not be compelled to pay Plaintiff's reasonable counsel fees associated with this Petition. Rule returnable 1!5 days of service. i ~/~ f.K5 iWi~Wi!lllll;l,'JltllOl~lIBtllJiWl!lr.l:lilliIi!!\;~iliii:imi!'i~~,j~.<WJ,M',~r<~.cilli-~t!l..hhli~Ii;,-.g,;5~..c;,:o;\~lW:iIl1lilll!ll~~Ilrirl1llllIll/lillOl~"~'" ,.~ VlJWtilASNN3d AlNnuJ G~^02~8~no 9 f :S Hd C? 'WI' Iii ,~' V rl W ! 1,1 'UW;U'W(',;,' '" !\UV.t.. !~,_,.d"j,\ ,"'. -:'C: 38!.1:,if~j':~(j'~,~-iI.i ". >, ,.1. . ,11,_,_" ~t:,,,,,,,,,,~,,,,",,, ',"'''-_' ,~_<_c" ~""_.,~,~,~,, ",.. , , ", ~-- ";(', ....,,-' "', --,~ I. ~_o >,' ..J~ ~~ . " ~, " .,- 1 <.-'-'- ,>- -IL_; I --~'~'l., " KENNETH F. LEWIS, ESQUIRE Attorney I.D. No. 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 WILLIAM G. WISE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES : : CIVIL ACTION - LAW ORDER AND NOW, this day of , 2001, upon Plaintiff's Motion to Compel Discovery and for Award of Sanctions, it is ORDERED that a hearing is scheduled for the day of , 2001, in Courtroom of the Cumberland County Courthouse, at ___ o'clock ___.m. BY THE COURT: J. '" , '1,[ ,. KENNETH F. LEWIS, ESQUIRE Attorney I.D. No. 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 WILLIAM G. WISE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES : : CIVIL ACTION - LAW MOTION TO COMPEL DISCOVERY AND FOR AWARD OF SANCTIONS AND NOW, comes Plaintiff, William G. Wise, by his attorney, Kenneth F. Lewis, who states the following in support of this Motion to Compel Discovery and for Award of Sanctions. 1. On June 12, 2000, Plaintiff obtained a default judgment against Defendant in the amount of $26,496.56. 2. To assist Plaintiff in collecting the judgment he obtained against Defendant as referenced above, Plaintiff's counsel served Defendant with Post Judgment Interrogatories-Interrogatories in Aid of Execution on November 1, 2000. 3. Plaintiff's counsel served the Interrogatories by regular mail and by certified mail, the latter being refused by Defendant; the regular mailing did not come back. 4. After Defendant failed to respond in any manner to the discovery requests and although Defendant had already been properly served on November 1, 2000, Defendant was personally --:, J= served with the judgment Interrogatories on December 10, 2000 (see attached proof of service by process server). 5. After Defendant once again failed to respond in any manner to the discovery requests, Plaintiff's counsel sent defendant a letter (copy attached to this petition) informing him of the consequences of his continued failure to respond to the discov~ry as required by law. 6. As of the filing of this Motion, Defendant has yet to respond in any way to any of Plaintiff's Interrogatories. 7. Defendant has willfully disregarded his obligation to provid~ answers to discovery pursuant to the Pennsylvania Rules of civil ~rocedure. Thus, sanctions are appropriate in this case. 8. The purpose of Pa.R.C.P. 4019, which gives this Court the power to award sanctions, .. is to ensure adequate and prompt discov~ry of matters allowed by the rules of civil procedure..." Poulos v. Com.. Dept. of Transportation, 133 Pa.Commw. 322, ___, 575 A.2d 967, 969 (1990). 9. Defendant's refusal to provide any answers to Plaintiff's discovery frustrates this purpose and is frivolous, arbitrary and dilatory. 10. In preparing and arguing this Motion, Plaintiff has incurred, and will further incur, counsel fees for which Defendant should be responsible due to his refusal to answer the discovery. 11. As a sanction for Defendant's unreasonable and unjustifiable conduct, and pursuant to Pa.R.C.P. 4019(a)(1)(i), Defendant should be ordered to pay Plaintiff's reasonable '.~, , -,I " ;_'~__""""";'6.'""b' "', I, - :.J.: attorney's fees incurred in preparing and arguing this Motion. 12. In the alternative, Plaintiff is entitled to recover his attorney's fees incurred in the preparation and arguing of this Motion from Defendant pursuant to 42 Pa.C.S.A. ~2503, which allows the awarding of attorneys' fees against a party for "dilatory, obdurate or vexatious conduct during the pendency of a matter." ~ 2503(6) and (7). 13. Plaintiff is represented by Kenneth F. Lewis, Esquire, 1101 North Front street, Harrisburg, PA 17102. Mr. Lewis's telephone number is (717) 234-3136. 15. Defendant is not represented. His address is 232 South Progress Avenue, Harrisburg, Pennsylvania 17109. His telephone number is unknown. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Compel Discovery and for Award of Sanctions and Order Defendant within ten (10) days to provide Plaintiff with complete and accurate answers to its Interrogatories, and to pay Plaintiff's reasonable attorney's fees incurred in the preparation and arguing of this Motion, and grant such other relief as this Court deems just and appropriate. Respectfully submitted, DATE: 1/23/01 K~~LEWIS' ESQ. Attorney for Plaintiff 1101 N. Front st. Harrisburg, PA 17102 (717) 234-3136 '" " I", VERIFICATION . . " I hereby verify that the statements made in the foregoing document are true and correct. 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. Dated: 1/23/01 ESQ. < KE - .~ ..., ---. 1--,; '" '".;".-1, - - ~ "I ~': CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing document to defendant by mailing same by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to: Mr. Ronald L. Sees, Jr. aka Mr. Ronald L. Sees 232 S. Progress Avenue Harrisburg, PA 17109 DATED: 1/23/01 j""""'~ (Requesting Agent) KENNETH F. LEWIS 1101 NORTH FRONT STREET HARRISBURG, PA 17102 (Plaintiff) WILLIAM G. WISE ...~ 4""-'- ,',"-, "I PROOF OF SERVICE (Defendant) RONALD L. SEES, JR., ET AL . (Type of Document) LETTER, JUDGMENT (Witness Fee) (Case No. & Jurisdiction) 00-2559, COMMON PLEAS, CUMBERLAND COUNTY, PA (To Be Served On) RONALD L. SEES, JR. 232 S. PROGRESS AVE. HARRISBURG, PA 17109 (Accepted By) RONALD L. SEES, JR. 232 S. PROGRESS AVE. HARRISBURG, PA 17109 (Date Served) 12-10-00 I I I (Time) 8 35 PM (Process Servers Name) JOSEPH F. JOHNSON (Process Server's Report) being duly sworn ccor 'ng to ,deposes and says that he/she is process server herein named; and that the fact herein set forth above are true and correct to the bes f owled, . formation and belief. Description: ~ale ..kfiI'hite Skin [ ]Female [JBlack Skin [ JBrown Skin [ ]YeHow Skin [] ed Skin ( [ ]Black Hair [ ]Brown Hair [ ]Blonde Hair [ ]Gray Hair [ JRed Hair [JWhite Hair [ ]Balding -HMoustache -HBeard -+-I6lasses [ ]l4.20yrs = - r (]5 - rs [JOver 65yrs []Under 5' [ ]5'0"-5'3" ~'4"-5'8" []5'9"-6'O" []Over6' [ ]Under 100lbs [ ]IOO-I3Olbs [] l3l-160lbs [ J161-200lbs ~er 200lbs Sworn to and subscribed before me-t is g:~ e~ at)' Public Commission Exp. . d .. ~.,~-"j" "-.' l LAW OFFICES ltBlOlBTB J!. LBWIS 11Q1 NQ~~h F~9n~ .~~..~ Harrisburg, FA 17102 (717) 234-3136 FAX: (717) 234-8288 FilE COpy January 10, 2001 Mr. Ronald L. Sees, Jr. aka Mr. Ronald L. Sees 232 S. Progress Avenue Harrisburg, PA 17109 Re: Wise v. Sees No. 00-2559 (Cumberland County) Dear Mr. Sees: You were served with judqment interroqatoriee on December 10, 2000 (actually you were served with them by certified mail long before that). Regardless, yet!r thirty days have now passed and you have refused to respond to the interrogatories as required by law. This letter is being written to advise yoJthat I will be filing a Motion to Compel your responses and for payment of my attorney's fees if I do not receive your answers, along with the Verification by January 22, 2001. This letter is not being sent to you extra time to respond to the Interrogatories. this letter will become the Exhibit "A" to the indicating that your refusal to respond to the willful. simply to give you Please be advised Contempt Petition, Interrogatories is 2001- you on I look forward to receiving your responses by January 22, If I do not receive them, the Motion will be filed against January 23, 2001. Si~C rely, t11 ?Itl1 FE Ni F. LENIS p.c. Mr. William Wise " " WILLIAM G. WISE, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. &0. .;(-J-61 CIVIL TERM vs. RONALD L. SEES, JR., also known as RONALD L. SEES, CML ACTION - LAW Defendant NO nCE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND. OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P,C. LAW OFFICES SNELSAKER. BRENNEMAN & SPARE ByQ~ Attorney for PI ntiff- , :ii j! ;1 " F ]I, " " i II LAW OFFICES SNELBAKER, BRENNEMAN & SPARE '1 I " , ~ " " " il " ii " 'I WILLIAM G. WISE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. {}() - .:lSS<j CML TERM 'I II it Plaintiff, " 'I vs. H ~ I ii RONALD L. SEES, JR., also il known as RONALD L. SEES, II CML ACTION - LAW " if Ii !1 P Defendant COMPLAINT AND NOW, comes the Plaintiff WILLIAM G. WISE, by his Attorneys, !I Snelbaker, Brenneman & Spare, P.C., and files the within Complaint stating the , , following in support thereof: 1. Plaintiff William G. Wise is an adult individual residing at 315 E. Allen Street, Mechanicsburg, Pennsylvania 17055. 2. Defendant Ronald L. Sees, Jr., also known as Ronald L. Sees, has a business address of 304 South Progress Avenue, Harrisburg, Pennsylvania 17109. COUNT! 3. On or about October 26, 1999, Wise agreed to sell and Sees agreed to buy for the price of $6,831.58 a mini-modified pulling engine ("Engine'') on the terms set forth in an Agreement to Sell Personal Property, a copy of which is attached hereto I as Exhibit "Pi' and incorporated herein by reference ("Engine Agreement"). I Ii 4. Sees agreed to pay Wise for the Engine, in part, pursuant to the terms of a i: 1\ Promissory Note dated October 26, 1999, a copy of which is attached hereto as I Ii II LAW OFFICES SNELBAKER. BRENNEMAN & SPARE . ~:t II I Exhibit "B" and incorporated herein by reference ("Engine Note"). I I , I' I I I I I 5. Since executing the Engine Agreement and the Engine Note, Sees made the following payments to Wise: a. $700.00 down payment; b. $1021.93 December, 1999; c. $1021.93 January, 2000; and d. $1021.93 February, 2000. . 6. Despite demand, Sees has failed and refused to make any payments to .I II Wise on the Engine Note since February, 2000. II 7. Sees is in default ofthe terms of the Engine Note. 'I 8. The Engine Note provides, in pertinent part: "In the event this note shall be in default, and placed with an attorney for collection, then the undersigned agree to pay all reasonable attorney fees and costs of collection." WHEREFORE, Plaintiff'William G. Wise respectfully requests judgment in his favor and against Defendant for the full amount due under the "Engine Note" together with all penalties, attorney fees and costs of collection. COUNT II 9. Paragraphs 1 and 2 hereinabove are incorporated herein by reference. 10. On or about October 26, 1999 Wise loaned Sees the amount of $22,463.28 pursuant to the terms of a Promissory Note dated October 26, 1999, a copy of which -2- LAW OFFICES SNELBAKER, BRENNEMAN 8: SPARE I is attached hereto as Exhibit "C" and incorporated herein by reference ("Truck Note"). 1 L Wise made the loan described in the preceding paragraph to Sees for the purpose of Sees' purchase of a 1991 Freightliner FLD 112 Day Cab over-the-road tractor ("Truck") from a third party. 12. As part of the loan described in the preceding paragraphs, Sees was to provide Wise with a lien on the Truck and other security as set forth in the Agreement to Sell Personal Property, a copy of which is attached hereto as Exhibit following payments to Wise: a. $623.98 December, 1999; b. $623.98 January, 2000; and c. $623.98 February, 2000. 14. Despite demand, sees has failed and refused to make any payments to Wise on the Truck Note since February, 2000. 15. Sees is in default of the Truck Note. 16. The Truck Note provides, in pertinent part: "In the event this note shall be in default, and placed with an attorney for collection, then the undersigned agree to pay all reasonable attorney fees and costs of collection. -3- II 17. Despite demand, Sees has failed and refused to supply Wise with documentation indicating the security required by the Truck Agreement for the lien, disability insurance or life insurance in default of the' terms of the Truck Agreement WHEREFORE, Plaintiff William G. Wise respectfully requests judgment in his favor and against Defendant for the full amount due under the "Truck Note together with all penalties, attorney fees and costs of collection. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By .' Ph" H. are, Esquire 44 West Main Street Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorney for Plaintiff, William G. Wise I I I , I I I, Dated: April 21 II 2000. I i I I I ! Ii LAW OFFICES , SNELBAKER. Ii -4- BRENNEMAN 8: SPARE Ii II II " !; I .IUIII , ~" ~ v ;\S~l;'~' ..,',". <,I \I A115.10 RllS-04 AGREEMENT TO SELL PERSONAL PROPERTY and CHASE AND SALES AGREEMENT made by and between 1/.-...IlH/\ (;. (Sot L. ~ '""Tli!. . (Setter) , (Buyer). WHEREAS, for good consideration the parties mutually agree that: ]. Seller agrees to sell, and Buyer agre~o buy the following described property: mil'.)' rY\OClPte-t) tJU"U-ll\l-q SloJb1N6, JVl-ltJU.s. FOG/.. INClUCttIDN ~Ll!;'TeM.. 2, (,6~1.s8 as total purchase Buyer agrees to pay to SeUer and Seller agrees to accept $ price payable as follows: $ ir:t)~ deposit herewith paid $ (ol!ol .5';; payable on delivery by cash, certified or bank check 3. Seller warrants it has good and marketable title to said property, full authority to sell said property, and that said property shall be sold by warranty bill of sale free and clear of all liens, encumbrances, liabilities and adverse claims of every nature and description. 4. Said property is sold in "as is" condition, Seller disclaiming any warranty of merchantability, fitness or working order or condition of the property eXfept that it shan be sold in its present condition, reasonable wear and tear excepted, "Pt-'f{.~te.c. -Tll~s.~ 0 P 'P Q..DPf.I2.T'-J ~ "...._ tIoJ F<J-t.t. The parties agree to transfer title on Irs Mp 4 ,"'2...000 (year), at the address of the Seller. Time is of the essence. 5, 6, This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. OTHER TERMS: ~w-tLt. "'~ ""PQo~1 HolAle>lJ.M! ~'t-e.e. ~QjLt-l-.PW ~tZ. ~~ p-o L./tl~I<-I"'1 o-z...R.lSIL F1/)< "j:)v.)\"n"", G,f.!> Oe. lOs.~ ':J2 b"'Hu..O .fo ~ ~R.Ot:>utf(. 7, Signed this '"2./..1 G~ . (911 ~~,), day of .ui14 ~()) l~" ') (ffi~bc0 dness ><I~,2'~ Buyer @E.ZLegalForms. Before you use tlli~ form, reull ii, fill 10 all bluok<, and make whalever cllunges are necessal)' 10 your paniculur transllClioll. Consull a lawyer if you doubt tbe form's filnes.-! for your purpose and use. E.Z Legal Form. aod the relailer make 00 represenlalion orwarrunly, express nr iDlplled,wilb respecl 10 Ibe DIe rc-bamahilily of this form for an intendcd use Or purpose. "HF Rev, 319& EXHIBIT A ,'" " I!Jd~ lie! ~ ';-1 ...ii'_ A293-10 R293-04 DB240 PROMISSORY NOTE $ Dated: "2(" Dm. . N?1 (yon) Stale of ~et--.lN!NL.\J ,. N I '" Principal Amount FOR VALUE RECEIVED, the undersigned hereby jointly and severally promise to pay to the order of W It.l..tPrI\k., WI'l.e Dollars ($ S, CO '7 'Z. . D'O ), together with interest thereon at the rate ofl 6 % per annum on the unpaid bahmce. Said sum shall be paid in the manner following: le "t>pI.(M'l.l'fVS of lo"U.Q3 1"-' '!:>llCt.es.lloH.t t'/L(}>-rrllo/J.f P"'4/"r-tNr.s CorvW'\O""O-I'" O~ -t-I1 1~l!>,.l::leoeMaJl.e, 1'1'1'1 P.NO COU"t"''-'I''-l~ -t\--,n" -tk 1'51h OF' 1\'I-tu4, "'2..eOO. ' , the sum of All payments shall be first applied to interest and the balance to principal. This note may be prepaid, at any time, in whole or in part. without penalty. All prepayments shall be applied in reverse order of maturity. This note shall at the option of an~_holder hxreof be immediately due and payable upon the failure to make any payment due hereunder within , D \."T"c: Jo..::l .J days of its due date. In the event this note shall be in default, and placed with an attorney for collection, then the undersigned agree to pay all reasonable attorney fees and costs of collection. Payments not made within five (5) days of due date shall be subject to a late charge of J 0 tTE.t.jJ % of said payment. All payments hereunder shall be made to such address as may from time to time be designated by any holder hereof. The undersigned and all other parties to this note, whether as endorsers, guarantors or sureties, agree to remain fully bound hereunder until this note shall be fully paid and waive demand, presentment and protest and all notices thereto and further agree to remain bound, notwithstanding any extension, renewal, modification, waiver, or other indulgence by any holder or upon the discharge or release of any obligor hereunder or to this note, or upon the exchange, substitution, or release of any collateral granted as security for this note. No modification or indulgence by any holder hereof shall be binding unless in writing; and any indulgence on anyone occasion shall not be an indulgence for any other or future occasion. Any modification or change of terms, hereunder granted by any holder hereof, shall be valid and binding upon each of the undersigned, notwithstanding the acknowledgment of any of the undersigned, atld each of the undersigned does hereby irrevocably grant to each of the others a power of anorney to enter into any such modification on their behalf. The rights of any holder hereof shall be cumulative and not neces~ sarily successive. This note shall take effect as a sealed instrument and shall be construed, governed and enforced in accordance with the laws of the State first appearing at the head of this note. The undersigned hereby execnte this note as principtlls and not as sureties. ) )(,I)/<U4/&1",--- k,(7- Borrower itness Witness Borrower GUARANTY We the nndersigned jointly and severally guaranty the prompt and punctual payment of all moneys due under the aforesaid note and agree to remain bound until fully paid. ' )o~~ Guarantor Witness Guarantor @E.ZLegal Forms. a<.:fore you use this form, read iI, fin ia all blanks, and make whatever changes are necessary 10 your particular transaclion. Consull a lawyer if you doubt Ihe form's fitness for your pm-pose and use. E-Z Legal Porms and the retailer make no represelltatiDnDTwarranly.expressorimplied,withrespecttotm:m<.:rchantnbilily oflhis form for an inlelld<:d use or purpose. Rev. 6198 AKHH EXHIBIT B , _j,,_, ,-I ;;.; .' A293~10 R293-04 BB240 PROMISSORY NOTE $ Dated: 2t. Oe:roBee ./9<f9 (year) Principal Amount State of FOR VALUE RECEIVED, the undersigned hereby jointly and severally promise to pay to the order of (JJ IL.....'IO""- G, UJtSi: , the sum of Dollars ($ ). together with interest thereon at the rate of 15% per annum on the unpaid balance. Said sum shall he paid in the manner following: ~Lo ~"l{I\Jl.~ o~~zr.9@(1V ""'OCc.~~It,.Q /YIA)rl'l'Ol.O-{ P"'4');'1Sf'\lS CD~r->(!.l",Clf ~ flo 3c#'l>pfooo"lq~9 /Cl~O CONTttJUllJG ~~lJ.. 1& ~~ 1>.... N!>\JQJ<\IU(.)..ODZ- 0'2 ':!.Dl>oQE, All payments shall be first applied to interest and the balance to principal. This note may be prepaid, at any time, in whole or in part. without- penalty. All prepayments shall be applied in reverse order of maturity. This note shall at the option of any f~Jde~ereof be immediately due and payable upon the failure to make any payment due hereunder within '0 \:Te ~ days of its due date. In the event this note shall be in default, and placed with an attorney for collection, then the undersigned agree to pay aU reasonable attorney fees ~d cos~ of collection. Payments not made within five (5) days of due date shall be subject to a late charge of It;) \c::r~~ % of said payment. All payments hereunder shall be made to such address as may from time to time be designated by any holder hereof. The undersigned and all other parties to this note, whether as endorsers, guarantors or sureties, agree to remain fully bound hereunder until this note shall be fully paid and waive demand, presentment and protest and all notices thereto and further agree to remain-bound, notwithstanding any extension, renewal, modification, waiver, or other indulgence by any holder or upon the discharge or release of any obligor hereunder or to this note, or upon the exchange, substitution, or release of any collateral granted as security for this note. No modification or indulgence by any holder hereof shall be binding unless in writing; and any indulgence on anyone occasion shall not be an indulgence for any other or future occasion. Any modification or change of terms, hereunder granted by any holder hereof, shall be valid and binding upon each of the undersigned, notwithstanding the acknowledgment of any of the undersigned, and each of the undersigned does hereby irrevocably grant to each of the others a power of attorney to enter into any such modification on their behalf. The rights of any holder hereof shall be cumulative and not neces- sarily successive. This note shall take effect as a sealed instrument and shall be construed, governed and enforced in accordance with the laws of the State first appearing at the head of this note. The undersigned hereby execute this note as principals and not as sureties. ~ed in the presence ~ (\ \ I ~ ~\ i:J ~'^o..,j WItness IJ.--d.d- Borrower Witness Borrower GUARANTY We the undersigned jointly and severally guaranty the prompt and punctual payment of all mone~s due under the aforesaid note and agree to rentain bound until fully paid. topresence 0\ II DoJ WHness ~Qc-'oh(k.J . I ~.4~ Guarantor Witness Guarantor JUUU~~lit o E.Z l"ego] Forms. Before you use Ihis form, read ii, fill in all blanks, and make whalever chaoges are necessary 10 your particular transaction. Consull a lawyer If you doubt lhe form's filness for your purpose and use. E-Z Legal Fonns and lhe retailer make no representation or WOlTanty, express Or implled, wilh respe<:llo lite merChanlabilily of this form for an iUlended use or purpose. Rev. 6/98 AKHH EXHIBIT C -I 'L' : A115~10 R l1S~04 AGREEMENT TO SELL PERSONAL PROPERTY PURCHASE AND SALES AGREEMENT made by and between ,Wl,c,t.. L,S~ , (Seller) and , (Buyer). 1. WHEREAS, for good consideration the parties mutually agree that: Lo,...:l Seller agreesofe.HU, and BuY~r a es to olmy the following described property~ n_ 0'-> C- a-",~ Iqql Q.E'lbH-!./ ~e-e PL'D J 1'2 \-),.... V13 ov~-\l.9 ~ IU:>tlVCe 2. Buyer agrees to pay to Seller and Seller agrees to accept $ price payable as follows: "Z."2 , 4 (q 3 :z.a as total purchase . $ - b- $ "27.,4(,0:. ."2.'i deposit herewith paid payable on delivery by cash, certified or bank check 3. Seller warrants it has good and marketable title to said property, full authority to sell said property, and that said property shall be sold by warranty bill of sale free and clear of all liens, encumbrances, liabilities and adverse claims of every nature and description. 4. Said property is sold in "as is" condition, Seller diSclaiming any warranty of merchantability, fitness or working order or condition of the property except that it shall be sold in its present condition, re~onable wl1!! and tear excepted. ti. Lt e ~ 0"" ~~ IQQC!.!J"Oe. J 53 ~\i)UlraeJ) A~ lb t..W-(!."_f..:lI~I!."""'N':(:..:><b~ I,.:\~e,,~ee p",,(:) ~.....,~ ~4~~ 5. The parties agree to transfer title on 1=\~ClL ~~ b,-=nf:. (y~1U"), at the address of the Seller. Time is of the essence. 6. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. 7, OTHER TERMS: U'J LII:.>l } I. e,j ..l.t->S<:l"....l'.i: I\lP"'\t'>~ VJI/...j-ID"'" (;Jts,t: ~~ bl\3efllCfIlR~(~0 ~ 'Pl)"'a'~cte..~ q'l1~N"'ib ~<.u.e LOtr~~tN 10 ~/)\{ OP IO{ujfl7 . .::I.k" ~ Qe.Il'-l POt-,C,tM 1~1>" -\Ie Aq/2.eSflDt\fT' I"=> ?UE: I'::' ~u-u- oN.fU, e.P~es:mv.t ~ t::JQ C/:WreGU071{J/J 01'~ .o/:!"Dea M8......10.. e<:> ?ouc,le.s, ('.:\ pQJ>IV> tl>IloIl'"i~O ~VO. "Zlo Ca.o~, [qqq 15 ~~ <J""~C~~?eJO .s.,.. ~"l' I SignedlJlIs.c.u day of , q:jq (year). Signed in the presence of: JJv~ i? OuJ w ~ Qxu~ ~ CLcJ Witness iQs~,~ ~(V ~ v)a~ ~1(}-vJ .:/!..- -" ~ Buyer ,IUII~ , @E.ZLegal Forms. Before you use 'his fonn, reull ii, fill in all blanks, and make whalever changes are lIe<;ess81)' 10 your panicular (ransaction. Consult II lawyer if YOll doubllhe fonn's filness for your purpose and use. E.Z Legal Forms and Ihe retailer ma~e no representation or warranty, express or implied, with respect ,,, llle rn~rclmnlllbililY of Ihis fOI1l1 for an intended uot' or purpose. ATHF Rev.3/9S EXHIBIT D LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~;..'"'' VERIFICATION I verify that the statements made in the foregoing Complaint 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. Willi m G. Wise .?-I Date: AprHA, 2000 ~ liIilililIllilllilll-'I'ii~ -' ~~I1ri.' .r~ - "" ',"" -S '-.J <...... '--..J --..J C ~ . ....,.......'.;ll , ~ .-~" = .,-" ~~,-.liilIltlf J ~<~, . .;,..'.- ~;> . ~ .., j? -t:: '" ~ ~ ..c ;,\ 0 e v, C\ r r .,'0 ~~j .., L:". ~r. (,j" -<' r:t:',i ~~=--~ ,;-..--',_.. C 2-:;: ~*~ -< " c; c:' ,h'" ",^,_'r ',;t " II 'i Ii I ~ --or' >~) cr; t.~,... c- .,\:- -- ".~ ~ ) t WILLIAM G. WISE, Plaintiff VB. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES, Defendant : CIVIL ACTION -LAW PRAECIPE TO ENTER DEFAULT JUDGMENT To the Prothonotary: Kindly enter judgment in favor of the plaintiff and against the defendant above named for want of an answer, and assess the plaintiffs damages as follows: Amount claimed in plaintiffs complaint - Interest from February 16, 2000 to June 12, 2000 - $25,295.32 $ 1.201.24 Total - $26,496.56 All attorney fees and costs of collection to be determined in due course pursuant to the Notes in question. It is certified that a written notice of intention to file this praecipe was mailed to the defendant against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least 10 days prior to the date of the filing of this praecipe. A copy of such notice is attached hereto. Date: June 12, 2000 SNELBAKER, BRENNEMAN & SPARE, P.C. By: W~~ Philip H. Spare, Esquire Pa. Supreme Court J.D. No. 65200 44 West Main Street P.O. Box 318 (71 7) 697-8528 Mechanicsburg, P A 17055-0318 Attorneys for Plaintiff William G. Wise LAW OFFICES SNELBAKER. BRENNEMAN & SPARE t I' WILLIAM G. WISE, : IN HIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs, : NO. 00-2559 CIVIL TERM RONALD L. SEES, JR" also known as RONALD L. SEES, : CIVIL ACTION - LAW Defendant IMPORTANT NOTICE TO: Ronald L. Sees, Jr., also known as Ronald L. Sees, Defendant Date of Notice: May 31, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF TIllS NOTICE, A I JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE I TillS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, p, C. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE B~ 1i!fd,/f12 . lP H. are, EsqUire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff , LAW OFFICE$' SNEL8AKEFl:. BRe:NNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Ronald L. Sees, Jr. aIkIa Ronald L. Sees 304 South Progress Avenue Harrisburg, PA 17109 1&~~ ~ SNELBAKER, BRENNEMAN & SPARE, p, C 44 W. Main Street P.O,Box318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff William G. Wise Date: May 31,2000 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE .' ",,~ CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the within Praecipe to Enter Default Judgment upon the person named below by sending same by first- class mail, postage paid addressed as follows: Ronald L. Sees, Jr. aka Ronald L. Sees 304 South Progress Avenue Harrisburg, PA 17109 SNELBAKER, BRENNEMAN & SPARE, P.C. By: ~f!4 . Philip . Spare, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff William G. Wise Dated: June 12, 2000. I ,. 1IIliil'''''''-~-~ o"",,~,.,- -. -~;_I\i 1llMIilI~ ~ ,~ ,~' -'0' '. II I~ I:' I; I , , tl I "I I 'I I ,I I I o c rB ~{,~ z' , zF' ~/-'~, ~C:: )> 2::0 5>0 c z ::< c..--, o c... c: 2; o -'1 f''' ,~.'~ , ,,:!l :-;JFn 26 ~J~ (5['11 ~ 53 -< ...,.., ::i --./ t ~ ft {' '" rt . ;-l) ,.,. 0 ~, 6 '" ~ {'..s, .. ~, -._~,I,-.- ' ,--.-- -...1, --'- ~ - ~ , ',__,,_d ~" =,_,"'~__ ,-~, - ~ '-- SHERIFF'S RETURN - OUT OF COUNTY 4 } 1. CASE NO: 2000-02559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WISE WILLIAM G VS SEES RONALD L JR ET AL R. Thomas Kline ,I - I, ""'Ii , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and SEES JR RONALD L A/K/A SEES and inquiry for the within named DEFENDANT , to wit: but was unable to locate Him deputized the sheriff of DAUPHIN RONALD L in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 12th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 18.00 9.00 10.00 30.50 .00 67.50 05/12/2000 SNELBAKER, omas Kline iff of Cumberland County BRENNEMAN & SPARE Sworn and subscribed to before me this tt.- VI ~ day of ~ dtnn? ~, A.D. r; J?".CR,.. ~' Prothonotary I. L_,' \ 1. @ffitt of t1r~ ~4~:riff William T Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WISE WILLIAM G vs County of Dauphin SEES RONALD L JR Sheriff's Return No. 0961-T - -2000 OTHER COUNTY NO. 20-2559 AND NOW: May 2, 2000 at 11:15AM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon SEES RONALD L JR A/K/A RONALD L SEES to DEFT by personally handing 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at HOME WED. & FRI. & WEEKENDS 304 SOUTH PROGRESS AVE HBG, PA 17109-0000 sworn and subscribed to So Answers, Jf~ before me this 8TH d~ of MAY, 2000 , ,~ c!- (+)~ Sheriff of Dauphin County, Pa. PROTHONOTARY Bfl~ ~eL Deputy Sheriff Sheriff's Costs: $30.50 PD 05/01/2000 RCPT NO 136342 MS -',. hi. The Court of Common Pleas of Cumberland County, Pennsylvania William G. Wise VS. Ronald L. Sees, Jr., a/k/a Ronald L. Sees No. 20-2559 Civil Now, 4/26/00 , 20 C tJ , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to exe.cute this Writ, this deputation being made at the request and risk of the Plaintiff. . ~~~..t:~-~ Sheriff of Cumberland County, P A Affidavit of Service Now, , 20_, at o'clock M. served the within upon . at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ - - L". . WILLIAM G. WISE, Plaintiff vs. RONALD L. SEES, JR. , also known as , RONALD L. SEES, Defendant IN THE axJRl' OF <nMJN PLEAS OF ClI4BERLAND <XlJNl'Y, PENNSYLVANIA CIVIL DIVISION File No. 2000-2559 CIVIL TERM ArrDunt Due $26,496.56 (6/12/00) Interest $ 4 . 15 per diem Atty's Corrm to be determined Costs to be determined TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail instal1nent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECl1l'ION Issue writ of execution in the above rratter to the Sheriff of Dauphin County, for debt, interest and costs upon the following described property of the defendant(s) all personal property inclUding motor vehicles, boat and traifers located at 304 south Pro,"ress AvenUE>. Harrisbur,", Dauphin County, Pennsylvania 17109. PRAECIPE FOR ATl'ACIJI1ENl' EXEX:l1l'ION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the des=iption; supply four copies of lengthy personalty list) and all other property of the defendant (s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee( s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. snelbaker,~~~e~/?spare, P. C. DATE: August it , 2000 By S>ignature , ~~ Print Name: Philip H. Spare Address: 44 W. Main Street Mechanicsburg, PA 17055 Attorney for: William G. Wise, Plaintiff Telephone: (717) 697-8528 Supreme Court ID No. : 65200 lii';jj~l!il!lll'llli:liIIIiitlillll:\~!d\,;lmill;i~ll'~i!!iWJi]~~'!ltH~~,,,,,,~.~,,-'b.Gml<.--,<!,~.,,~,,,,,~._","~"_'<b'~""l'!"".",q,kiJj",~~liIlII~---"-- '>_'Wji!iliiailli5!ii~~~_ Notes: If real property, supply six copies of description including irrprovements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ........ B ~ ~ ~. . ?r ~ ~ B Q.j~~~>-- ~~~~~\ 10~ F 0 ~ ~ ,f: '1 \ ( ~ :: "' q ~'" ~ -",.__ ,>,~I, ".~ ., ~"', , ',_ ,'_' ,~ ",~",-,,,~.. ,r'_ ~.-.' "" i.~,O ',,- .."",,1., .,-,,,. ." ,-,. I' '.,." .., ~h 'I -, ~~ ~~ ~ ~ V ~ a c :s: """OeD mfTl Z:u zc;:,: (f)-" -<2 ~C' J> ZO -0 Pc ~ "'" ~ o o :no c: G") o -n --\ ::1:." fll~ ;fj? ~::"1Ci ~:j~~ 6f11 ~ -< -0 ::li: N (..) ,., ~" ".,' L ~ ,;,..1 ~ - ~ ".. "'lk_ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2000-2')')9 CIVIL 19 CIVIL ACTION - LAw TO THE SHERIFF OF Dnllphin COUNTY: To satisfy the debt, interest and costs due William G. Wise PLAINTIFF(S) from Ronald L. Sees, Jr., also known as Ronald L. Sees DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell ,,11 por"""n" 1 prllpArty includinq motor vehicles. boat. and trailers ] o,",ated at 304 South Progress Avenue. Harrisburg, Dauphin Countv, Pennsylvania 17109 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $26.496.56 Interest $4.15 per diem (6/12/00) L.L. Due Prothy Other Costs $.50 $1. 00 Atty's Comm Atty Paid Plaintnf Paid % $139.50 Date: Al1gJ 1!=:.+ 11 r ?nnn Curtis R. Lanq Prothonotary. Civil Division by: '1f;A1/1 K ~.w Deputy REQUESTING PARTY: Name Ph i 1 ; p H SpAno>, ""'I Address:44 W. Main St. Mechanicsburg, PA 17055 Attorney for: Plaintiff Telephone(717) 697-8528 Supreme Court 10 No. 65200 ''''''," ~ , " 'fb WILLIAM G. WISE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES CIVIL ACTION - LAW ORDER OF COURT AND NOW, this / :;.. day of February, 2001, upon consideration of the attached Motion to Make RUle Absolute, the January 25, 2001 Rule is made Absolute and the Court Orders the following relief: 1. Defendant shall serve Plaintiff's counsel with full and complete answers to the Inter~ogatories served upon him within twenty (20) days of the date of this Order; and 2. Defendant shall pay to Kenneth F. Lewis, Esquire, attorney for Plaintiff, the sum of $300.00, for attorneys' fees incurred by Plaintiff relating to Defendant's failure to respond to discovery requests. Defendant shall make payment within ten (20) . -{f\~ C~ ~_ll._D\ o ~~ BY THE COURT days of the date of this Order. DISTRIBUTION Kenneth F. Lewis, Esq., 1101 N. Front st., Hbg., PA 17102 Mr. Ronald L. Sees, Jr., 232 S. Progress Ave., Hbg., PA 17109 J. liIdiIlI~III11111B1i1il1'.ilwliI.>>.wl#~j~io~~~dHililllllilfi~] ~ V'!i\!\..li\-,J ' t '/\'""1"'. \;1; I I\SiVN:fr-f /\11\/ !;. /1 ,,,,,:,,, ,':J")' J':;'~::" . .....:N'inO GU :9 Hti } (~, Jj ~_ 11,(/ \'_~(,}.i o '"'] - I i;! .d I I] ':/(~I ""'.. " ~. ~~, liic KENNETH F. LEWIS, ESQUIRE Attorney 1.0. No. 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 WILLIAM G. WISE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE JUDGES OF CUMBERLAND COUNTY COURT: AND NOW, this 13th day of February, 2001, comes the Plaintiff, WILLIAM G. WISE, by his attorney, KennethF. Lewis, who files this Motion to Make Rule Absolute of which the following is a statement: 1. On January 23, 2001, Plaintiff filed with your Honorable Court a Motion to Compel Discovery and for Award of Sanctions; 2. On January 25, 2001, the Honorable Kevin A. Hess entered a Rule upon Defendant to show cause why the relief requested should not be granted. The Rule was made returnable 15 days from service (copy of Order attached) . 3. The rule was served upon Defendant on January 25, 2001 by the Court. The Court mailed the Rule to both counsel for Plaintiff and the Defendant, each to receive the Rule in Harrisburg , Pennsylvania. Counsel for Plaintiff received the Rule January 26, 2001. , 4. Respondent has not filed an Answer to the Rule wi thin the 15 days. 5. Attached to this Motion is Plaintiff's counsel's fee statement (for fees directly related to Defendant's failure to respond in any. way to the discovery requests) . - -- -.~ WHEREFORE, Petitioner respectfully requests your Honorable Court to make the Rule Absolute and to enter an Order compelling Defendant to fully respond to the subject discovery and to award Plaintiff his reasonable attorney's fees and costs. Respectfully Submitted, ." ", ~I- ;;,; JJ.\N 2 4 2U~~ KENNETH F. LEWIS, ESQUIRE Attorney I.D. No. 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 WILLIAM G. WISE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : : NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES : : CIVIL ACTION - LAW ORDER AND NOW, this . J.jt). day of "3o..[Uilr::1 ' 2001, upon Plaintiff I s Motion to Compel Discovery and for Award of Sanctions, it is ORDERED that a Rule is hereby granted upon Defendant to show cause why he should not be compelled to respond to the post-judgment interrogatories and why he should not be compelled to pay Plaintiff's reasonable counsel fees associated with this Petition. Rule returnable 1:3 days of service. J5j-?~si -it",) J. ..Q.L . _ ~., - J ' -" c " '. h _ ~ < It LAW OFFICES KENNETH F. LEWIS 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 FAX: (717) 234-8288 February 12, 2001 STATEMENT OF PROFESSIONAL SERVICES RENDERED (relating to compelling responses to Interrogatories): 1/10 Letter to Sees; file note .2 1/12 Message from Bill; file note N/C 1/22 Draft Motion to Compel Discovery/Award of Sanctions; prepare for filing; draft brief letter to Sees 1.3 1/23 File and serve Motion; TC Bill; file note .3 charged 1/26 Review Court Order (Rule); file note N/C 2/12 Draft Motion to Make Rule Absolute and Order; Itr Sees .6 2.4 hrs @ $125/hr $300.00 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. 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. Dated: 2/12/01 I I ' K~T~~LEWIS' ESQ. .," " 1 ~ ~ , . } i~ VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. 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. Dated: 2/13/01 K~~'LEWIS' ESQ. CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing document to defendant by mailing same by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to: Mr. Ronald L. Sees, Jr. Mr. Ronald L. Sees 232 S. Progress Avenue Harrisburg, PA 17109 aka DATED: 2/13/01 K~~ ""S, ESQU'" Attorney for Plaintiff _" .,1"_'_ ,". ''', ",_..; 1'_ ~-.J''';'~.i-c ',- it'~'. .. KENNETH F. LEWIS, ESQUIRE Attorney I.D. No. 69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 WILLIAM G. WISE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-2559 CIVIL TERM RONALD L. SEES, JR., also known as RONALD L. SEES CIVIL ACTION - LAW ORDER AND NOW, this s-.J- day of +",,/ , 2001, upon consideration of Plaintiffs' Petition for Contempt and for Award of Sanctions, and after argument held thereon, it is hereby ORDERED and DECREED as follows: 1. B.:..fe:I.du..uL ia hela iR eefrtem~'E sf tai~ U"'?'iQr:llalo C-;"lz-e. J(Jf 2. Defendant shall serve full and complete answers to all Interrogatories to Plaintiff within ten (10) days after service of this Order BY ~ae ee~Y~; and 3. Defendant shall pay to Kenneth F. Lewis, Esquire, attorney for Plaintiff, the sum of $225.00 (as Defendant has already paid $487.50), as proven at the argument to be reasonable attorneys' fees incurred by Plaintiff in the preparation and argument of this Motion to Compel Discovery and for Award of -~ " " . ,. " .",' ~ ",c-, 4- " 'Iii, . ., Sanctions and subsequent attempts to obtain discovery. Payment of this amount by Defendant shall be made within ~ ~ days after service of this Order by the Court. BY THE COURT: ,4 j: i: < i' I I' ji <, I < Ii ;! 17102- ~i4~ II/bioi Ii PA 17109 -~ ~ I' 'i!slol . J. DISTRIBUTION Kenneth F. Lewis, Esq., 1101 N. Front st., Hbg., PA Mr. Ronald L. Sees, Jr., 232 S. Progress Ave., Hbg., !lllJililllNlflIllWiIlIIII/III~llIiiiIillljlllllillillll!lllii6I/jj~II!!-~~ill.lIll.mjjftll!.j~,It;lo\t;Ij;i1&e.__,IIOi;IlI;!j~~~!ll~:llIi"11 -- ............ _I - ^- I, ~~ ,7_'__ ~,~ .. ~_.v,~" . -. 0 c:' ...---, C .;.o:~ ~~ 1:""- -0 r" -'1 - Ii q)~r: ;':J -;::- ~~~: ! Cr. ~~~~ "'Cl J ......,.,-" , ,;>C CJ. fT~ Z ::;::,; -' ':::> :0 -< [ " -< .