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Home My WebLink About99-05672i 1 No. - 4q'-ZV Cleli Term i VS. A J?2?? (p1L?v i Court of Common Pleas 1 Cumb. Co. I I RITNER STEEL, INC., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99-5672 SHANE CONSTRUCTION, Defendant : CIVIL ACTION-LAW CERTIFICATE OF SERVICE 1, Jana C. Butler, Esquire, hereby certify that on the 28th day of December, 1999, I served a true and correct copy of the foregoing Rule to Show Cause by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Shane Construction 5256 E. Trindle Road Mechanicsburg, PA 17055 i na C. Bur, Esquire Attorney for Plaintiff I.D. #80574 500 North Third Street, 12°i Floor P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 RITNER STEEL, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SHANE CONSTRUCTION, NO. 99-5672 Defendant CIVILACTION-LAW failure to appear at oral examination pursuant to a Notice of Taking Deposition on Oral RULE TO SHOW CAjSE .AND NOW, this ?„??Q day of u , 1999, a Rule is granted upon Defendant, Shane Construction, to show cause why it should not be sanctioned for Examination under Pa.R.C.P. 4007.1. Rule returnable "a r-)days after service. ??. ct? n t9 n. TO: Ronald D. Butler, Esquire Attorney for Plaintiff 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 Shane Construction 5256 E. Trindle Road Mechanicsburg, PA 17055 In ? . ? ?! ? .. Ty nand and ,_rt C S.L Pa. This u.,.,......., off, ... a ......F4.11 .. Prothonotary C1 ? l u.tb • . 7 COMMONWEALTH OF PENNSYLVANIA y?j ' cS 7oZ CouNTV rln• CUHSRRT.ANn NOTICE OF JUDGMENT/TRANSCRIPT 09-3-04 DJ Name: Hon. 'THOMAS A. PLACEY Atltl,e,a: 104 S. SPORTING HILL RD MECHANICSBURG, PA TNaphon,; (717) 761-8230 17055 CIVIL CASE PLAINTIFF: NAME AM ADDRESS rR-ITNER STEEL, INC. -I 131 STOVER DR. P.O. BOX 615 LCARLISLE, PA 17013 J VS. DEFENDANT: NAME and ADDRESS r SHANE CONSTRUCTION 5256 E. TRINDLE RD. MECHANICSBURG, PA 17055 RITNER STEEL, INC. L J 131 STOVER DR. DocketNo.: CV-0000264-99 P.O. BOX 615 Date Filed: 7/07/99 CARLISLE, PA 17013 4 - At THIS IS TO NOTIFY YOU THAT: Judgment: nXFAM,T TMrMPNT PTTP ® Judgment was entered for: (Name) HIM= amRRr TWO ® Judgment was entered against: (Name) RRANR C0N91PRT7CTTnV In the amount of $ 14 A12 97 on: (Date of Judgment) Defendants are jointly and severally liable. (Date & Time) 0 Damages will be assessed on: 7 This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/Act 5 of 1996 $ F] Levy is stayed for- days or ? generally stayed. Date: Place: Time: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Judgment Total 0 Objection to levy has been filed and hearing will be held: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PR OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.. YOU MUST INCLUDE keOVY'OF S T14 OF JUDGM RANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. -I a_- 1 Date District Justice I certify that this is a true and co c py of her cord of the proc dings containing the judgment. Date District Justice My commission expires first Monday of JanuV, t 2004 SEAL AOPC 315.99 RIMER STEEL, INC. SHANE CONSTRUCTION, pia.intiff vs. De fenclant To Shane Construction IN THE COURT OF COMMON PLEAS CUMERLNAD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ! NO. Defendant(A) You are liereby notified that on 1999, the following ?- y4 Judgment leas been entered against you in tho above- captioned ense. Ritner Steel, Inc. vs. Shane Construction in the amount of $3,822.97 PLUS interest and costs of suit- DATE: notary I hereby certify that the name and address of proper person(s) to receive this notice is: Shane Construction 5256 E. Trindle Road A Shane Construction D e f e n d i d o/ a por est.e me(lio Se le esta notiEicando clue el _ do (lei 19 99 , el/la siguiente (?04 (POQQQg?§IC?, (Falco ha sido anotado on contra soya en el caso mencionado en of epigrafe. FECIIA: rotonotarlo Certifico qua 1-n ni,guionte direction es la del defendido/a segun Indicada an el certificado de residencia: Shane Construction 5256 E. Trindle Road Mechanicsburg, PA 17055 Abogado dol Demandante OCOA-400-Rule 236(a)(2)-8/1/89 VFIJ C_1 ? U 1 a- le l= 1 v ``? v V r , DEC -1 199 ? RITNER STEEL, INC., : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99-5672 SHANE CONSTRUCTION, Defendant CIVIL ACTION - LAW RULE TO HOW CAUSE AND NOW, this a , ?- day of 1999, a Rule is granted upon Defendant, Shane Construction, to show cause why it should not be sanctioned for failure to appear at oral examination pursuant to a Notice of Taking Deposition on Oral Examination under Pa.R.C.P. 4007.1. Rule returnable 2 n days after service. TO: Ronald D. Butler, Esquire Attorney for Plaintiff 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 Shane Construction 5256 E. Trindle Road Mechanicsburg, PA 17055 C?a- ?•ti,..P?l 7 ?-? L ?9 5. c. i N rJ ?P ?n .f RITNER STEEL, INC., Plaintiff V. SHANE CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5672 CIVIL ACTION - LAW AND NOW, comes Plaintiff, Rimer Steel, Inc., by and through its attorneys, Butler Law Firm, and files this Motion for Sanctions Against Defendant for Defendant's Failure to Appear for Oral Examination, and in support thereof avers as follows: 1. Plaintiff entered judgment against Defendant, Shane Construction on September 15, 1999, in the amount of $3,822.97 plus interest and costs of suit. 2. On September 22, 1999, Plaintiff mailed to Defendant a Notice of Taking Deposition on Oral Examination Under Pa.R.C.P. 4007.1. The oral examination was scheduled for Friday, October 22, 1999, at 9:30 A.M. at the offices of Plaintiffs attorney, 500 North Third Street, 12'h Floor, Harrisburg, Pennsylvania 17101. A true and correct copy of the notice is attached hereto and made a part hereof as Exhibit "A." 3. Defendant did not appear for the oral examination at the scheduled date, time and place. Defendant did not contact Plaintiff in any manner to explain why it would not be present at the oral examination. WHEREFORE, Plaintiff requests this Honorable Court to grant a Rule upon Defendant to show cause why it should not be sanctioned for failure to appear for oral examination. Respectfully Submitted, BUTLER LAW FIRM By: Ludgi Ronald D. Butler, Esquire I.D. #09826 Jana C. Butler, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 5. Records of accounts receivable, collected debts or other monies to which Shane Construction is making or can make claim. 6. Tax returns of Shane Construction for the past two years and records of taxes owed. 7. Pleadings in any pending legal action on behalf of or against Shane Construction describing any claims that have been reduced to judgment either against or in favor of Shane Construction, and that have been unsatisfied. The oral examination will continue from day to day until completed. You are directed to attend and participate in this examination. Dated: 1 I `C I C? jJafia C. Butler, sq. Attomey for P intiff I.D.#80576 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 RITNER STEEL, INC., Plaintiff V. SHANE CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5672 CIVIL ACTION - LAW NOTICE OF TAKING DEPOSITION ON ORAI EXAMINATION UNDER PA.R. P. NO 4007.1 NOTICE IS GIVEN HEREWITH, that pursuant to Pa.R.C.P. No. 4007.1 the deposition of Shane Construction, 5256 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 will be taken on oral examination at the offices of Butler Law Firm (formerly Ronald D. Butler, P.C.), 500 North Third Street, 12" Floor, Harrisburg, PA 17101 on Friday, October 22, 1999 at 9:30 A.M. and at any and all adjournments thereof. For purpose of this Notice of Deposition, the term "document" shall refer to all written, printed, recorded or graphic materials and matters of any kind and description, in both draft and final forms (including all attachments or addenda annexed thereto), whether inscribed by hand or by mechanical, electronic, microfilm, video and audio tape, photograph, computerized or other means, as well as phonic or visual recordings or reproductions. Plaintiff will conduct inquiry into the following matters: assets of Shane Construction, wherever found and in whatever form and financial records of Shane Construction for the past two years including, but not limited to, complete audited financial statements and 'x income statements for that period. Please take further note that you are requested, pursuant to Pa.R.C.P. No. 4009 and 4007.1 (d), to produce at the deposition, and permit Plaintiff to inspect and copy, all documents and the following tangible things in your possession, custody or control which relate to the above listed matters of inquiry: 1. Records of personal property owned in full or in part by Shane Construction including, but not limited to, motor vehicles, furniture and fixtures, machinery and equipment, bonds, cash or bank accounts. ''. 2. Records of real property owned in full or in part by Shane Construction.? 3. Records of encumbrances and/or liens against any of the real or personal Sei property owned by Shane Construction. 4. Records of property leased by Shane Construction. I I F) IT "A" RITNER STEEL, INC., V. Plaintiff SHANE CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5672 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana C. Butler, Esquire, hereby certify that on the 17t?' day of November, 1999, I served a true and correct copy of the foregoing Motion for Sanctions Against Defendant for Defendant's Failure to Appear at Oral Examination by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Shane Construction 5256 E. Trindle Road Mechanicsburg, PA 17055 Jana Butler, Esquire Atto ey for Plaintiff I.D. # 80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 CV 4 _:j UO l G+ r Q.. aLl ?.' '.•1 L .0 e :J RITNER STEEL, INC., Plaintiff V. SHANE CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5672 CIVIL ACTION - LAW I, Jana C. Butler, Esquire, hereby certify that on the )La Nv day of _. Q? c a l 2000, I served a true and correct copy of the foregoing Notice of Taking Deposition on Oral Examination Under Pa.R.C.P. NO. 4007.1 by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Dennis J. Schmidt 2905 Orchard Lane Middletown, PA 17055 Stephen C. Nudel, Esquire 219 Pine Street Harrisburg, PA 17101 J a C. Butler, squire homey for Plaintiff I.D.#80574 500 North Third Street, 12'h Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 RITNER STEEL, INC., Plaintiff V. SHANE CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5672 CIVIL ACTION - LAW NOTICE OF TAKING DEPOSITION ON ORAL EXAMINATION UNDER PA R C P NO, 4007.1 NOTICE IS GIVEN HEREWITH, that pursuant to Pa.R.C.P. No. 4007.1 the deposition of Dennis J. Schmidt, 2905 Orchard Lane, Middletown, Pennsylvania, 17055, Officer of Defendant, Shane Construction will be taken on oral examination at the offices of Butler Law Firm (formerly Ronald D. Butler, P.C.), 500 North Third Street, 12°i Floor, Harrisburg, PA 17101 on September 26, 2000 at 10:00 AM and at any and all adjournments thereof. For purpose of this Notice of Deposition, the term "document" shall refer to all written, printed, recorded or graphic materials and matters of any kind and description, in both draft and final forms (including all attachments or addenda annexed thereto), whether inscribed by hand or by mechanical, electronic, microfilm, video and audio tape, photograph, computerized or other means, as well as phonic or visual recordings or reproductions. Plaintiff will conduct inquiry into the following matters: assets of Defendant, Shane Construction, wherever found and in whatever form and financial records of Defendant, Shane Construction for the past two years including, but not limited to, complete audited financial statements and income statements for that period. Please take further note that you are requested, pursuant to Pa.R.C.P. No. 4009 and 4007.1 (d), to produce at the deposition, and permit Plaintiff to inspect and copy, all documents and the following tangible things in your possession, custody or control which relate to the above listed matters of inquiry: 1. Records of personal property owned in full or in part by Defendant, Shane Construction including, but not limited to, motor vehicles, furniture and fixtures, machinery and equipment, bonds, cash or bank accounts. 2. Records of real property owned in full or in part by Defendant, Shane Construction. 3. Records of encumbrances and/or liens against any of the real or personal property owned by Defendant, Shane Construction. 4. Records of property leased by Defendant, Shane Construction. 5. Records Of accounts receivable, collected debts or other monies to which Defendant, Shane Construction is making or can make claim. 6. Tax returns of Defendant, Shane Construction for the past two years and records of taxes owed. 7. Pleadings in any pending legal action on behalf of or against Defendant, Shane Construction describing any claims that have been reduced to judgment either against or in favor of Defendant, Shan Construction, and that have been unsatisfied. The oral examination will continue from day to day until completed. You are directed to attend and participate in this examination. Cy r Dated: ZU ?Zan-aC. B tler, Esquire Attome?for Plaintiff I.D. i#80574 500 North Third Street, 12`h Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 ?r :ii"s m N F_ C%lj i' U- U G v RITNER STEEL, INC., Plaintiff V. SHANE CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5672 CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this 1day of M?MLI 2000, the Court issues a Rule to Plaintiff to Show Cause why Dennis J. Schmidt 's Motion to Quash and for Protective Order should not'' be granted. Rule returnable wtl?lt? lS d,?S Q ((s<)vIC-c BY THE COURT: Or oo I RITNER STEEL, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 99-5672 SHANE CONSTRUCTION, CIVIL ACTION - LAW Defendant RDER AND NOW, this day of , 2000, upon consideration of Dennis J. Schmidt's Motion to Quash and For Protective Order, it is HEREBY ORDERED that Dennis J. Schmidt's financial records and oral deposition are protected from discovery by Plaintiffs. BY THE COURT: RITNER STEEL, INC., Plaintiff V. SHANE CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5672 CIVIL ACTION - LAW MOTION TO QUASH AND FOR PROTECTIVE ORDER AND NOW, comes Dennis J. Schmidt, by and through his attorneys, the Law Offices Stephen C. Nudel, PC and respectfully files this Motion for Quash and for Protective Order as follows: 1. On or about July 7, 1999, Plaintiff filed a Civil Complaint against Shane Construction with District Justice Thomas Placey requesting payment for eight outstanding invoices plus costs and interest in a total amount of $3759.97. 2. On August 12, 1999, District Justice Thomas A. Placey entered judgment on behalf of Plaintiff and against Defendant in the amount of $3,823.97. 3. On September 22, 1999, a Notice of Taking of Deposition upon Oral Examination pursuant to Pennsylvania Rule of Civil Procedure 4007.1 was mailed to Defendant at 5256 East Trindle Road, Mechanicsburg, Pennsylvania 17055, scheduling the deposition of Dennis J. Schmidt for Friday, October 22, 1999, at 9:30 a.m. at the law offices of Plaintiff's counsel. 4. Thereafter, on or about November 30, 1999, Plaintiff filed a Motion for Sanctions with the Cumberland County Court of Common Pleas relating to Schmidt's failure to appear. 5. On December 2, 1999, Honorable Judge Wesley Oler, Jr. signed a Rule to Show Cause granting Shane Construction 20 days to show cause why it should not be sanctioned for failure to appear for the oral examination. 6. This Rule to Show Cause was mailed to Defendant at the aforementioned address but was returned to sender for lack of forwarding address as the occupants of 5256 East Trindle Road, Mechanicsburg, Pennsylvania 17055 had moved. 7. Shane Construction is not an entity in existence and never has been in existence. 8. Plaintiff has no judgment against any entity in which Dennis J. Schmidt has an interest. 9. Plaintiff has no judgment against any entity in which Dennis J. Schmidt is a representative or officer. 10. On or about August 22, 2000, Plaintiff mailed to Dennis J. Schmidt at his private residence, and to this law office as ;:agt his counsel, a Second Notice of Taking of Deposition upon oral Examination. 11. That notice also included a Request for Production of Documents pursuant to Pa.R.C.P. § 4009. !9W 12. Plaintiff has not filed a Writ of Summons or Complaint, and there is currently no action or judgment pending against, n r Dennis J. Schmidt which would entitle Plaintiff to a deposition or to request the production of documents. 13. Dennis J. Schmidt is not a party to the above captioned action. 14. Plaintiff may not request documents from a non-party. 15. Plaintiff can show no relationship of Dennis J. Schmidt to Defendant. 16. This office, as attorneys for Dennis J. Schmidt, has informed Plaintiff that Schmidt has no relationship to Shane Construction, yet Plaintiff insists on taking his deposition. 17. Dennis J. Schmidt is not an employee, owner, officer, or director of Shane Construction and has no relation to Shane Construction. 18. Dennis J. Schmidt can provide no information about Shane Construction. 19. Any information which Dennis J. Schmidt could provide Plaintiff would not be relevant or likely to lead to discoverable evidence as he has no interest in the above captioned litigation. 20. An exploration of personal financial information of Dennis J. Schmidt or his business interests before any relevance is shown or liability is established against him goes beyond the scope of discovery and is in violation of the Pennsylvania Rules of Civil Procedure. 21. Without establishing the relevance of discovery requested of Dennis J. Schmidt, Plaintiffs are not entitle to a fishing expedition and to his personal and business financial records. WHEREFORE, Dennis J. Schmidt, respectfully requests your Honorable Court to enter a Motion to Quash and a Protective Order which prohibits Plaintiffs from pursuing discovery, including taking the oral deposition of Dennis J. Schmidt or obtaining the financial records of Dennis J. Schmidt. Date: 314120DO Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC G..t- L Ste hen C. Nudel, squire Att ney ID #41703 Mark W. Allshouse, squire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Dennis J. Schmidt RITNER STEEL, INC., Plaintiff V. SHANE CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 99-5672 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Jana C. Butler, Esquire Butler Law Firm 500 North Third Street Twelfth Floor Harrisburg, PA 17101 Date : 01 3r- ( 2jL'03 ? Marc W. Allshouse, Esquire 219 Pine Street Harrisburg, PA I7 1 (717) 236-5000 Attorney ID #78014 Attorney for Dennis J. Schmidt a a Q W L W 0. z 44 l G a gw a G b a ?t ? a W v O W E 44 Q ? W H ? z H O ° OF - c I- u z NO -a W a F O? FF >U= < ° w? _ =w. L C u L ? v i o o U °a w x wam a > E O . W w W F CQ £ • > F p N u z U a W n - c.. RITNER STEEL, INC., Plaintiff V. SHANE CONSTRUCTION, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5672 CIVIL ACTION - LAW Please mark satisfied the judgment entered against Shane Construction in the above captioned matter. Date: October 17, 2000 Awjrl? Ronald D. Butler, Esquire Attorney for Plaintiff I.D. #09826 500 North Third St., 12`h Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 l M1 i) FF ' 41 U