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HomeMy WebLinkAbout97-05922 ~ ~ J) 4- / I' \ \ \ ~ \i - .~ a (:j rl ri ()OO. <<t) , 1\ !\ ,\ ,~ .. Cl ,'- f! ~ C'-, , , , " " c: J , , .1 , ,-I I , " " , ';:!- L.J lL 0- J L' G"'\ U "! 3ln tq2 QIourt of QIomm.an }Il2/Uf at QIounty CUMBERLAND SEARS, ROEBUCK AND COMPANY No. Term,19 - VS. NnAT ~rHAVFNF.R-HOFFMAN CIVIL ACTION '. PRAECIP: FOR ENTRY OF APPEARANCE To the ProthOnotary: PLEASE ENTER THE APPEAlWICE OF RICHARD K. KONKEL, ESQUIRE OF WOLFSON & ASSOCIATES, P.C. AS THE ATTORNEY FOR THE PLAINTIFF. ~~/ul A"- ~~4//- Allorney for - - . Supreme Court NQ. 71953 Cl '\()O~ 'l l'\ " r-i r-J- ,19 97 C~C.: :;~.~ 23 I hereby certlry lh'al the p,.cis. ,.sld.nc. or the Plaln. IN mE COtlRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. tiff is: No, 1845 CIVIL DIVISION St. WALNUT BOTTOM RD NEWVILLE City Zone Bo,o 0' Twp; NO. CUMBERLAND County PA Slale SEARS. ROEBUCK & COMPANY And that the last known ,elidene. or the Der.ndanl(S) Plalnliff is: -No. 40 51, E. LOUTHER ST VS. CARLISLE City Zone Bo,o or Twp. CUMBERLAND County NOR! J. SCHAFFNF.R HOFFMAN - PA Sute And that the last known ,esld.nce or the Derendant(s) is: D.rendant .. ' No. St. City Zone Boro or Twp. County State v. *~/,j Jt ~~~L Pl~i~tiff, Attorney or Agent " - " i'-.. t ~ ~ ...; , ..J .,. ~ c::.. ~ ~ \t' ~ ,: ~ l. '- ~ '"" .~ ~ \.,.c.1r> I "'- ~ ~ 'i \ Cl \;; ~ ,~y~ ~ ~ ~ '~./=i ~ -'""'.... """" --- ,...1..-- C2 I -'I ( ;~ l "... I , 1.., , ~l S .:) I l'--- \> Sears, Roebuck & Company, Plaintiff IN THE COURT OF COMMON PLEAS l CUMBERLAND COUNTY, PENNSYLVA. IA v. NO. 97-5922 Norl Schaffner-Hoffman, Defendant, CIVIL ACTION-LAW AND NOW, comes Plaintiff, Sears, Roebuck & Company, through its attorneys, Wolfson & Associates, P.C. and files this Motion To Compel Discovery pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure, and in support thereof avers the following: Ii I. Plaintiff is Sears, Roebuck & Company, with offices and/or place of business 'i located at 45 Congress Street, Salem, Massachusetts 01970. 2. Defendant, Nori Schaffner-Hoffman, is an adult individual with a last known address of 1845 Walnut Bottom Road, Newville, Pennsylvania 17241. 3. On October 24, 1997, Judgment was entered in favor of Plaintiff and against ij I: i '! Defendant in the Common Pleas Court of Cumberland County, Pennsylvania, with respect to the above captioned matter. A true and correct copy of this Judgment is attached hereto, incorporated herein and marked as Exhibit" A", 4, Thereafter, on or about February 2, 1998, Defendant were properly served with a Notice of Deposition and a Subpoena requesting that Defendant appear for an oral deposition on March 16, 1998 and bring along the requested documents. A true and correct copy of the Notice of Deposition and the Subpoena is attached hereto, incorporated herein and collectively marked as Exhibit "B". 6. Despite receiving notice of the time and place of the deposition pursuant to Rule 4007.1 of the Pennsylvania Rules of Civil Procedure, Defendant failed to appear for said deposition. 7. Despite numerous efforts, through both telephone contact and written correspondence. Defendant refuse to respond or get in contact with the undersigned concerning said deposition. 8, To date, Defendant have not responded to Plaintiffs request for the designated materials or appear for oral deposition. WHEREFORE, Plaintiff respectfully request this Honorable Court to issue an Order: a. compelling Defendant. Nori Schaffner-Hoffman, to appear for oral f' deposition and bring with him/her all documents requested by i! H Plaintiff to be produced; :] ]1 Ii i! Ii ii 1: Ii il il ii i' II " d ;i 'I Ii :1 " ii il I' n ii !i !i b. holding Defendant. Nori Schaffner-Hoffman. in contempt and requiring Defendant to pay Plaintiff the reasonable expenses incurred in connection with preparing and presenting this Motion in the amount of $350.00; and c. granting any other relief with regard to Defendant's failure to make discovery as is just and proper. Respec fully submitted, By: " I' " t ven ,Courtney, ire East Market Street York, PA 17403 (717) 846-1252 Attorney I.D, #74669 Attorney for Plaintiff Ii Ii p : Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION .1 ~FAR~ ROFo'RT!r.K ANn rnMPUJV vs. NO. 11- !i9l:t-.. (lu,l.lL NORI .r SCIlAEn:R-HOFFMAN NOTICE OF ORDER, DECREE OR JUDGMENT TO: ( ) Plaintiff (X) Defendant ( ) Garnishee ( ) Additional Defendant You are hereby notified thpclfle following OrdS:. Qecree, or J~dgment has been entered against you on C e-r:::k{uA if- 19'f I -' ) Decree Nisi in E~uity, , - -~ ) Final Decree in Equity. (x ) Judgement of ( ) Confession ( xl Default ( ) Non.Pros ) Judgement is in the amount of $ ( ) Verdict ( ) Non-Suit ( ) Arbitration Award PLUS COSTS. ',' (X) District Justice Transcript of Judgment in CIVIL ACTION in the amount of $ 3.187.00 . PLUS COSTS. $60,00 ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by th.e Pennsylvania Department of Transportation, PROTHONOTARY by )~lltLll1-llLL f\...2Y1 e l{ ~ JI-J It ycu ha'le any ~uestions concerning the above, please contact: Name 01 (Attorrle'lIFiling Party) Accress WOLFSON 8& ASSOCIATES. P.C. 261 East Market Street York. PA 11403.2000 'iele;:r,cne Number ( 717 846-1252 East Berlin Offtce Cente~ Square East Berlin, PA 17316 (7t7) 259-0713 Wolfson & Associates A PROfESSIONAL CORPORATION Attorneys at Llw 267 East Market Street York, Pennsylvania 17403 (717) 846-1252 fax (717) 848-1146 (800) 321,8467 D.nlel f, Wolf50n MIchelle PoktUka RJchard K. Konkel Ot Counseh MorTI",n WllIl.lms DATE: JANUARY 30, 1998 NORI SCHAFFNER-HOFFMAN 1845 WALNUT BOTTOM RD NEWVILLE, PA 17241 RE: SUBPOENA TO APPEAR FOR DEPOSITIONS IN AID OF EXECUTION OF MONEY JUDGMENT FOR SEARS, ROEBUCK AND COMPANY. NORI SCHAFFNER-HOFFMAN, , , SINCE YOU HAVE CHOSEN TO IGNORE PREVIOUS COLLECTION EFFORTS AND OFFERS OF PAYMENT ARRANGEMENTS FROM OUR OFFICE, A SUBPOENA ISSUED BY THE COURT ORDERING YOU TO APPEAR IN OUR' OFFICE ON A CERTAIN DATE AND TIME FOR THE PURPOSE OF BEING DEPOSED ,IS ENCLOSED. THIS DEPOSITION WILL BE HELD IN ORDER TO DETERMINE ASSETS THAT MAY 'BE SEIZED IN THE EXECUTION OF THE JUDGMENT HELD BY OUR CLIENT, SEARS, ROEBUCK & COMPANY, IN AN EFFORT TO SATISFY YOUR LAWFUL OBLIGATION TO US. IF YOU WISH TO AVOID HAVING TO APPEAR FOR THIS DEPOSITION, I URGE YOU TO CALL THE COLLECTION DEPARTMENT IN MY YORK OFFICE AND MAKE PAYMENT ARRANGEMENTS ON THIS ACCOUNT IMMEDIATELY. IN ADDITION TO AGREEING TO t1AKE PAYMENTS ON THE ACCOUNT, YOU WILL BE REQUIRED TO INFORM US OF YOUR FINANCIAL SITUATION. INCLUDING CHECKING AND SAVINGS ACCOUNT BALANCES, RECENT PAY STUBS, YOUR MONTHLY BILLS, A LIST OF YOUR CREDITORS AND A LIST OF YOUR ' ASSETS. DO NOT IGNORE THIS SUBPOENA. THE COURT HAS A BROAD RANGE OF REMEDIES TO COMPEL YOUR RESPONSE SUCH AS AWARD OF ATTORNEY FEES ANDIOR FINES AGAINST YOU AND IMPRISONMENT FOR CONTEMPT. I WOULD SUGGEST IT WOULD BE A SIMPLER SOLUTION TO HONOR YOUR OBLIGATIONS NOW AND MAKE APPROPRIATE PAYMENT ARRANGEMENTS WITHIN 20 DAYS WITH MY OFFICE SINCERELY, WOLFSON & ASSOC., P.C. DANIEL F. WOLFSON, ESQUIRE THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, SUBPOENA TO ATTEND AND TESTIFY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SEARS, ROEBUCK AND CO. Plaintiff NO. Q7.5QZ2. vs. CIVIL ACTION NORI J SCHAFFNER-HOFFMAN Defendant TO: NORI J SCHAFFNER-HOFFMAN. 184S WALNUT BOTTOM RD. NEWVILLE PA 17241 1. YOU ARE ORDERED BY THE COURT to come to the law offices of WOLFSON & ASSOCIATES, P.C., 267 E MARKET ST. YORK, PA 17403 on MARCH 16, 1996 2:30 P.M. at to testify on behalf of until excused. in the above case, and to remai SELF 2. And to bring with you the following: Any and all documents pertaining to your present financial situation, including recent pay stubs, your checking and savings account balances, a lIst of your assets and a list of your creditors, and your tax returns from the past two years, etc. If you fail to attend or to produce the documents or things required by this Subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Issued by: Daniel F. wolfson. Esq" WOLFSON & ASSOCIATES. P.C., 267 East Market St., York, PA 17403 1.0. >>20617; 717646-1252. :1 :1 !I , II :1 , Date: \\./,U.... ).1. (f'18 Jaal of CQur t BY [1..uAtiA ~~~ Prothonotary, CUMBE LAND CO~~ ,I i "CompIoI.~t_..a,..__, .. . CofncHI. i11mr13, .... Il'Id "b, I .Print yaw nemelnd IdchN on '" ,....... of tann 10 f\IC.. GIft rill"'" INt -...... '.Ahch... fonn 10 thlltonI 01" rr\IIIIPeOI. 01 on IN bIc* It.,.. doN nCII .==-_"_"_......__..._......... J IThe """", AIOIIpI wlllhaw to whom IN IItklIe WIt deIMIId Ind Iht..... li- 13. 0 ,..lid 10: NOR I SCHAFFNER-HOFFMAN , 1845 WALNUT BOTTOH RD NEWVILLE, PA 17241 u-b I 0110 wIoh III ....... the IllIowtng "Mee' (for on _1M): 1. [J Add,_'IAdd,o.. a. [J Roo1r1$d DoIIv..., ConIul1 JlOI1muIo' for tN. 4a. 0 Nlmbo, Z 016 294 108 4b, So ypo [J Regllt_ [J Exp.... Moll [J RoclIn lot 7. 10 0 01l..1Y 1~9H1.B-OI79 i I ~ lCl CerUfted l [Jlnautod I . [J COO ~ i If requeorod I, I i e" Roeolved By: (Print N_J Z 016 294 1El8 Poologo ClRledF.. Sl>tdIi o.u-y FN FIII""'odOolVll'fFN ~ Allum _ Showi'to 10 - v.'homIO.t.~ 'S. .... Rcoo:< 9wnJ 10 \\!un, <C: 0.,' AdlhsHt', A4ha 8 TOTAl. P....llI lFN" S ~ Poo,"~"O... I J.3U/(-/r Ie I, Steven C. Courtney, Esquire verify that the statements made in the foregoing Motion to Compel Discovery are true and correct to the best of my knowledge, information and belief. 1 understand that false statements are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: II I, II I' II Ii I' ,I " " Sears, Roebuck & Company. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI V. NO, 97-5922 Nori Schaffner-Hoffman, Defendant CIVIL ACTION-LAW I. Steven C. Courtney, Esquire, do hereby certify that I served on April 1998, copy of the Motion to Compel Discovery in the above captioned matter First Class mail, postage prepaid, upon the following individuals: Nori Schaffner-Hoffman 1845 Walnut Bottom Road Newville, Pennsylvania 17241 St n C. Courtney, E quire 267 East Market Street York, PA 17403 (717) 846-1252 Attorney LD. # 74669 Attorney for Plaintiff I Ii ,. '>- ('I i~ '-J~ "" ..-.... ~ , .. " - ~,'.. . ~: . . 1'" ,~ 1;_1' U, .:1" " C- . ; I , 'J u . '. I.L.- j ',- - ....:-.1 II. " U <" U : Sears, Roebuck & Company, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA , , I vs NO. 97-5922 I I Nori Schaffner-Hoffman, ! Defendant I CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Margie Spangler, do hereby certify that on May I,~ . 1998, I served a true and correct copy of the Order in the above captioned matter by First Class Mail, postage prepaid, upon the following individual: Norj Schaffner-Hoffman 1845 Walnut Bottom Road Newvl1le, Pennsylvania JJ1a~tJ. i . 4n1cr/~ Margie Sp ngler Legal Secretary for Steven C. Courtney. Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Telephone No. (717) 846-1252 J.D. No. 74669 Attorney for Plaintiff I , II II . , PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C,P. 3101 to 3149 Sears, Roebuck and Company, Plalotiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. 97-5922 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) vs. Norl J. Schaffner-Hoffman, Defendant To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against, Nori J. Schaffner-Hoffman-1845 Walnut Bottom Rd., Newville, PA 17241 Social Security # 194-44-9118 Defendant(s); (3) and against, Members Federal Credit Union, (4) and Index this writ Garnlshee(s); (a) against, Nori J. Schaffner-Hoffman, Defendant(s) and Garnishee(s), (b) against, Members Federal Credit Union, as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property)' You are directed to attach the property of the Defendant(s) not levied upon in the possession of Members Federal Credit Union PO Box 40 Mechanicsburg, PA 17055 Garnlshee(s) All accounts including all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount due $ 3.247,00 Interest from January 2, 1996 At an interest rate of 6% per year To Be Determined Total $ 3.247.00 Plus costs & Interest Dated 3/lflqq . .. >- l() L"\. _.. t:~ ~ lV. (,2; \} S'< (ii. po!, LI {i. " (" , ---- ~ ,:') I r , L , , l. l \) <" l'- ~s ~ {'- ~~ it . . . , '" i J "- B,InRJ \, ') VI ~~~ ~ . "1l' r; J~ ~'j ~~ --..:. CASE NO: l';JCl" lYe::':' I' COMMONWEAI.TH rlF' I'HHlYI VAlli ,\: COUNTY OF ClIMRHiI.MI[, SEARS Rm:WJf!.!L.II....Fl).!'I!'NIY... VS. 5r;H~~'F!l.f:H-- HO.t'~'"AN__.~QH J And now CHRISTOPH~R_EVANS . Sheriff or Deputy Sheriff of !!U"I>~:RLAND .__-' County, who belng duly sworn according to law, at 1052: 00 HUURS, nn the 11th day of February ,1999, at tached as he.,nn commanded all goods, chattels, rights, debts, credits, and moneys of the wIthln named defendant SCHAFFNER-HOFFMAN NOR I J in the handa, possess lon, or control of the within named Garnishee "E"DERS 1ST FED~:RAL CREDIT UNION by then and there summoning the said Garnishee at 5000 LOUISE DRIVE "ECHANICSBURG. PA 17055 CU"RKRLAND County, Pennsylvania, BILL BOWER"AN, ASSISTANT VICE PRESIDENT SUPPPORT SERVICES by handing to personally _____ true and ~ttested coples of the within JUDGMENT -- OJ and made the contents thereof known to him. Sheriff's Costs I Docketing Service AffidavH Surcharge So answers: .00 .00 .00 .00 ~. ~ .~",< ~ H. as Ine, erl~ S.l/ll/l ..'."::..(D j" ,@/t%X11 ~l rUf ~ Sworn and subscribed to before me this JJ. ~ day of ':t.k...., 199C}.A.O. ~J,AJ'-<- C. nL.Jc....., d~ 'r- Prothonotafy ,A, ' ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 97-5922 CIVIL 19_ CIVIL ACTION, LAW TO THE SHERIFF OF Cumberland COUNTY: To sallsfy the debl, inlerest and cosls due Sears. Roebuck and Canpany PLAINTIFF(S) from Nori J. Schaffner-Hoffman 1845 Walnut ElottOOl Rd. Newville, PA 17241 (1) You are directed 10 levy upon the propsrty of Ihe defendant(s) and to sell DEFENDANT(S) (2) You are also dlrecled to allach the property of the defendant(s) not levied upon in the possession of Members Federal Credi t Union P.O. Box 40 Mechanicsburg, PA 17055 GARNISHEE(S) as follows: All accounts including all savings checking and other accounts, certificates of d9po5lit nO~t:I~ r~Qi";1hlp~ rnl t'=ltPor.::ll, plMgp~, nnr.llm=mtE; of 1-; tlp. RecuritiP-R and to n5filVTil?8~a~Jlfl!nh<affliiN~ a\l'a~Il~~nt has been issued; (b) the garnlshee(s) Is/are enjoined from paying a~y debt to or for the account of the defendant(s) and from delivering any property of the detendant(s) or otherwise disposing thereof; (3) If property of the delendant(s) nollevled upon an subject to allachmenlls found In the possession of anyone other than a named garnishee, you are directed to notlly hllTVherthat he/she has been added as a garnishee and Is enjoined as above slated, Amount Due 53.247.00 from Januarv 2, 1996 at an interest Interest rate or b~r year L.L. 5.50 Due Prothy $1,00 Other Costs Ally's Comm Ally Paid Plalnlllf Paid Date: % $32.25 February 5, 1999 CUrtis R. Long, Prothonotary Prothonotary, Civil Division by: '1r/4t'< K Xt&, 9'1 Deputy REQUESTING PARTY: Wolfson & Associates P,C, ~hovpn r. Cnurtnpy. F1=I<I- Nama Address: ?h7 R ~rkpt ~t_ _ v<;;>rlr. pa 17dnl Allorney for: Plaintiff Telephone: Supreme Court 10 No. #74669 . R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken in the last six months, Sheriff's Costs: Docketing $18,00 Law Library .50 Prothonotary 1,00 Service 8,68 Garnishee 9.00 Surcharge 8,00 Levy 20.00 Poundage 1.31 $66,49 Advance Costs: ~hppiff's CoStSI $150,00 66,49 $ 83.51 Refund to Atty on 10-29-99 .So A!}~~: r-~"J-"'<'~ R, Thomas Kline, Sheriff Sworn and subscribed to before me This 11 ~ day of ),()n,_A- J 1999, A,D. C),I" /J 7u..//.. -',1.} ~) ~ ~" .~ BVQa cL.~ S'M:cth Deputy Sheriff -0 ~ ~ \ol \' . .--L t \ ~. , , \. " ,} r, '\\ u ;.,1 ,,;" ^ "" "., . .',.: 7 ~:,!( >'&t J:.U^ I' .0 -: -. -.'f::Jof: ~ ::u I'~