HomeMy WebLinkAbout07-3116COMMONWEALTH OF PENNSYLVANIA
( ni INTY OF- CUMBERLAND
Mag. Dist. No.:
09-1-01
07 - 3F1?u?L 'T
NOTICE OF JUDGM NT/TRANSCRIP
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FSUMPLE-SULLIVAN, BARBARA
ATTORNEY-AT-LAW
549 BRIDGE STREET
LNBN CUMBERLAND, PA 17070 J
VS.
DEFENDANT: NAME and ADDRESS
-GOTH, ELIZABETH J 7
502 JACOB LAD'S
MECHANICSBURG, PA 17055
L J
Docket No.: CV-0000086-07
Date Filed: 2/15/07
MDJ Name: Hon.
CHARLES A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDS TOWNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
BARBARA SUMPLE-SULLIVAN
ATTORNEY-AT-LAN
549 BRIDGE STREET
NEW CUMBERLAND, PA 17070
THIS IS TO NOTIFY YOU THAT:
DEFAULT JUDGMENT PLTF
Judgment:
(Date of Judgment)
3/15/07
® Judgment was entered for: (Name) SUJ PLE-SULLIVAN, BARBARA
® Judgment was entered against: (Name) GOTH, ELIZABETH J
in the amount of $ 6, 385.7
1-1 Defendants are jointly and severally liable.
F1 Damages will be assessed on Date & Time
1-1 This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease S
Amount of Judgment $ 6,259.76
Judgment Costs $ 126.00
Interest on Judgment $
Attorney Fees $ .00
Total $ 6,385.76
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
MAR 1 5 2007
Date
, Magisterial District Judge
I certify that this is a true an co rect co y of the re r of t e pro " edings containing the judgment.
APR 3 O 2007 Date Magisterial District Judge
My commission expires first Monday of January, 2008 SEAL
AOPC 315-06
DATE PRINTED: 3/19/07 1:03:00 PM
N
1
71
DO
c..;?
1?1 w, (` fV I-
co
w ?`
+ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ( ) Confessed Judgment
Barbara Surriple-Sullivan, Esquire
vs.
Elizabeth J. Goth
TO THE. PROTHONOTARY OF THE SAID COURT:
( , ) Other
File No.
Amount Due $6,259.76 plus interest
Interest
: Atty's Comm
Costs
The undersigned hereby certifies that the below does not arise out of a retail installment 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.
Issue writ of execution in the above matter to the Sheriff of Cumberland County,
for debt, interest and costs, upon the following described property of the defendant(s)
Any and all property located at 502 Jacob Lane, Mechanicsburg, Cumberland County, PA 17055.
PRAECIPE FOR ATTACHMENT EXECUTION
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 description; 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).
Date Y 2007 Signature.
Barbara Sumple-Sullivan, Esquire
Print Name: j
549 Bridge Street
Address:
New Cumberland, PA 17070
Attorney for: Plaintiff
Telephone: (717) 774-1445
Supreme Court ID No.: 32317
(over)
(Indicate) Index this writ against the garnishee(s) as a [is pendent. a e tate of the
defendant(s) described in the attached exhibit.
Ma
10
r
-fool
d ?
r
,? &Z? k
c ?e
? N
u
?
it
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3116 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BARBARA SUMPLE-SULLIVAN, ESQUIRE
Plaintiff (s)
From ELIZABETH J. GOTH, 502 JACOB LANE, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PROPERTY LOCATED AT 502 JACOB LANE, MECHANICSBURG, PA 17055.
(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 notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $6,259.76
Interest -- PLUS INTEREST
Atty's Comm %
Atty Paid $53.75
Plaintiff Paid
Date: MAY 22, 2007
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
Curtis . Long, n to
By:
Deputy
REQUESTING PARTY:
Name BARBARA SUMPLE-SULLIVAN, ESQUIRE
Address: 549 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-774-1445
Supreme Court ID No. 32317
R. THOMAS KLINE
Sheriff
EDWARD L.SCHORPP
Solicitor
of ?unt?Prt?
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
07aQ/07
C.7,
Dear Sir,
Reference is made to Property Claim dated July 10, 2007, entered
by Wayne Janis, pertaining to Writ of Execution No. 2007-3116 Civil Term, -r
Barbara Sumple-Sullivan -vs- Elizabeth J. Goth.
R. Thomas Kline, Sheriff, has determined that the claimant, Wayne Janis,
in the above mentioned property claim, is the owner of the property set forth therein.
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Sergeant
Barbara Sumple-Sullivan
Vs
Elizabeth J. Goth
Writ No. 2007-3116 Civil Term
Property Claim Determination
,/ (7-;,„ P-10 9107
N
o
C= s
r'v CD?n
c.n
v -c
So w
=IIwIK ?.?-
Thom R. Kline, Sheriff
c
By ru_ 'l
cc
Barbara Sumple-Sullivan, Atty for Pltff
Elizabeth J. Goth, Defendant
Wayne Janis, Claimant
PROPER CLAJM In the Court of Common Pleas of
Cumberland County, Pennsylvania
'njAr-3 A Sumps-C- -S0LL1yAn1, '-Sa,
Writ No. - 3 (o
VS
_G L 1 Z A4-; STN Z-- G-:? T)-4
50 2- S^Co6 LAN r
AACC44AN?cS6.12C? pA 1-70!-':Q
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
The property listed below and levied upon in this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values thereof are:
LIST OF PROPERTY VALUE
5?( rA-CUG-G LIST,
THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
L i J4Cc)'- W&\.S M ti AJL TO!' 1.0 0.f f G
.A C-(E n A^ o. +. PfJ Q /-4%. k t? 3 ) d 4 :n c Q
Date -7 - 10 - D ? Claimant
State of Pennsylvania:
County of Cumberland
W ,k xf N r6 5A N) S being duly sworn according to law, deposes and says that the
above list in the property claim are correct and true.
Sworn d subscrib to before e
Cla' t
PUBLIC O 2 ?!4 c L n1
o Boro. Oxftdand County M C- C-14A tit I C S 13 V? '7 v )?-D
ommission Expires AIxi14, 2009 '71-? _ U g _? Z
' ..
,?,?
?. ,...? ....?..._. _ ? ..?...,.._ .. _,..,..,.,....?,. s;
?,
111 ,
it `I
NO 07-3116 CIVIL
To the sheriff of Cumberland County, Pennsylvania
The property listed below and levied upon in this case is not the property of the defendant, but is the property of
the undersigned. A list of the claimed property and the values thereof are:
LIST OF PROPERTY VALUE LIST OF PROPERTY VALUE
UR sofa $100 Kids #1 - 2 lamps $5
UR coffee/end tables 25 Kids #1 - Night stand 5
piano 75 Kids #2 - Bed _ 35
UR - 3 lamps 20 Kids #2 - Dresser 10
UR rugs 5 Kids #2 - 2 lams 10
UR pictures 20 Kids #2 - Bureau 20
UR mirror 20 Kids #2 - Night stand 10
UR round t
able 30 Kids #2 - Desk / chair 25
_
_
credenzia 75 BR #3 - Bed 75
telephone table 20 BR #3 - Dresser 20
book shelf 20 BR #3 - Chair 5
F/R sectional sofa 200 BR #3 - 2 lamps 5
F/R rocking chair 50 BR #3 - Desk 25
F/R coffee table 25 BR #3 - Vanity 20
F/R - 2 lamps 25 BR #4 - Bed 25
F/R - TV 50 BR #4 - Dresser 10
F/R - video games 5 BR #4 - Chair _ 2
Grandfather clock #1 25 BR #4 - Night stand 10
Grandfather clock #2 25 BR #4 - small table 15
D/R table 150 BR #4 - mirror 5
D/R chairs 50 BR #4 - table 10
D/R buffet 100 BR #4 - book case 20
D/R silverware 25 BR #4 - Desk _ 25
D/R rugs 200 BR #5 - Bed 125
D/R hutch 100 BR #5 - 2 dressers 125
D/R mirror 35 BR #5 - 2 chairs 30
Kitchen dinette table 100 BR #5 - 3 lamps 40
Kitchen chairs 25 BR #5 - night stand _ 10
Kitchen microwave 35 BR #5 - TV 5
Kitchen utensils 20 BR #5 - Stereo _ 15
Kitchen pots/pans 25 BR #5 - Clock 1
Kitchen iron 1 BR #5 - VCR/DVD 5
Kitchen Ironing board 1 BR #5 - Sofa 100
Kitchen refrigerator 150 Garage - lawnmower 20
Kitchen as stove
Kitchen washer 150
150 Garage - hand tools _
Garage - power saw _ 100
50
Kitchen dryer 100 Garage - power drill 25
Kitchen mixer 5 Garage - garden tools 40
Kitchen coffee pot 1 Garage - sporting equipment 50
Kitchen toaster 1 Garage - tools 75
Kids #1 - Bunk beds (2) 20 Garage - bicycles 50
Kids #1 - Dresser 5 Garage - snowblower 35
Wayne Janis - 7/10/07
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs: Advance Costs: 150.00
71.92
Docketing 18.00 $ 78.08
Poundage 1.41
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 08/02/07
Mileage 9.60
Surcharge 20.00
Levy 20.00
Certified Mail
Post Pone Sale
Garnishee
Postage .41 ,
TOTAL $ 71.92 ? F/J3b 7 So Answers; 01
R. Thomas Kline, Sheriff c,
By Claudia A. Brewbaker
1
lool
C2
°? CALL
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3116 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BARBARA SUMPLE-SULLIVAN, ESQUIRE
Plaintiff (s)
From ELIZABETH J. GOTH, 502 JACOB LANE, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PROPERTY LOCATED AT 502 JACOB LANE, MECHANICSBURG, PA 17055.
(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 notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $6,259.76
Interest -- PLUS INTEREST
Atty's Comm %
Atty Paid $53.75
Plaintiff Paid
Date: MAY 22, 2007
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
119? _Je?y?
Curti o. Long, Pr ota
By:
REQUESTING PARTY:
Name BARBARA SUMPLE-SULLIVAN, ESQUIRE
Address: 549 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Deputy
Telephone: 717-774-1445
Supreme Court ID No. 32317
BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION
ELIZABETH GOTH, ;
Defendant NO. 07 - 3116
MOTION TO COMPEL ATTENDANCE
AT DEPOSITION AND FOR SANCTIONS
AND NOW, this 3 /day of October, 2008, Barbara Sumple-Sullivan, Esquire,
Plaintiff, moves the court for an Order compelling Defendant to attend a deposition and to
impose sanctions pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure against
Elizabeth Goth, Defendant.
1. Plaintiff is the judgment creditor of Defendant in the amount of $6,259.76, plus interest
and costs since May 1, 2007.
2. No efforts to make payments or satisfy the judgment have been made by Defendant.
3. A Writ of Execution was served on Defendant on June 21, 2007.
4. A Notice of Claim of Property was filed by Defendant's current husband, Wayne Janis,
claiming the levied property listed was his prior to the marriage to the Defendant.
5. On July 26, 2007, Defendant was served with Interrogatories in Aid of Execution of the
entered judgment. Defendant's deposition was also scheduled for August 30, 2007 at
9:00 a.m. A copy of said Interrogatories and Notice of Deposition are attached hereto as
Exhibit "A."
6. On the morning of August 30, 2007, Defendant notified Plaintiff by telephone that she
was not going to appear. A copy of said phone message is attached hereto as Exhibit "B."
7. Plaintiff served Defendant with a second Deposition Notice on October 2, 2007,
scheduling the deposition for November 2, 2007. A copy of said Deposition Notice is
attached hereto as Exhibit "C."
8. On November 2, 2007, the scheduled Court Reporter appeared to take Defendant's
Deposition.
9. Defendant did not appear, did not request a rescheduled deposition, nor explain her
failure to appear.
10. On November 14, 2007, Plaintiff forwarded Defendant the Invoice for the attendance and
time incurred for the Court Reporter to appear on November 2, 2007 and Plaintiff
incurred fees of $40.00. A Copy of said transmittal and invoice are attached hereto as
Exhibit "D."
11. On or about July 15, 2008, Notice of Deposition was served by Plaintiff upon Defendant.
A copy of said Notice of Deposition is attached hereto as Exhibit "B".
2
12. The deposition was scheduled for Thursday, August 14, 2008 at 10:00 a.m.
13. On August 14, 2008, Sherry Bryant, Registered Merit Reporter and Certified Realtime
Reporter appeared to take Defendant's Deposition.
14. Defendant did not appear, did not request a rescheduled deposition, nor explain her
failure to appear. A copy of Ms. Bryant's Affidavit of Nonappearance is attached hereto
as Exhibit "F."
15. Court Reporter fees in the amount of $52.50 were incurred due to Defendant's failure to
appear. A copy is attached hereto as Exhibit "G."
16. Plaintiff estimates counsel fees necessary to prepare and present this Motion to be valued
at $300.00.
17. No response has been received from Defendant.
18. Pa. R.C.P. 4019 provides as follows:
4019 (a)(1) The court may, on motion, make an appropriate order for sanctions
if.
(viii) a party or person otherwise fails to make discovery or to obey an order of
court respecting discovery.
3
4019 (c) The court, when acting under subdivision (a) of this rule, may make
(1) an order that the matters regarding which the questions were asked, or
the character or description of the thing or land, or the contents of the paper, or
any other designated fact shall be taken to be established for the purposes of the
action in accordance with the claim of the party obtaining the order;
(2) an order refusing to allow the disobedient party to support or oppose
designated claims or defenses, or prohibiting such party from introducing in
evidence designated documents, things or testimony, or from introducing evidence
of physical or mental condition;
(3) an order striking out pleadings or parts thereof, or staying further
proceedings until the order is obeyed, or entering a judgment of non pros or by
default against the disobedient party or party advising the disobedience;
(4) an order imposing punishment for contempt, except that a party may not
be punished for contempt for a refusal to submit to a physical or mental
examination under Rule 4010;
(5) such order with regard to the failure to make discovery as is just.
19. Plaintiff requests that Defendant be ordered to pay sanctions in an amount of Three
Hundred Ninety-two Dollars ($392.00) for failure to appear at her depositions
20. Plaintiff requests that Defendant be ordered to appear at a deposition to be mutually
scheduled between the parties within sixty (60) days of the Court's Order, with failure to
appear to be deemed a contempt of court.
21. No Judge has previously ruled on any other issue in this matter.
4
WHEREFORE, it is respectfully requested a Rule in the form attached hereto and
thereafter that judgment be entered in favor of Plaintiff and Defendant be ordered to pay
sanctions in the amount in excess of Three Hundred Ninety-two Dollars ($392.00) for failure to
appear at her deposition are to appear at a deposition to be mutually scheduled within sixty (60)
days.
Dated: October, 2008
Barbara Sumple-Sullivan, Esquire
'549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
5
EXHIBIT "A"
LAW OFFICES
BARBARA SUMPLE-SULLIVAN
549 BRIDGE STREET
.NEW CUMBERLAND, PENNSYLVANIA 17070-1931
PHONE (717) 774-1445
FAX (717) 774-7059
July 26, 2007
Ms. Elizabeth J. Goth
502 Jacob Lane
Mechanicsburg, PA 17050
Re: Barbara Sumple-Sullivan, Esquire v. Elizabeth J. Goth
Docket No. 2007 - 3116 / Cumberland County
Dear Beth:
Enclosed herewith please find Interrogatories in Aid of Execution of my judgment.
Your responses are due within thirty (30) days. The costs of the preparation of same shall
be added to the monies to be recovered pursuant to the judgment in accordance with Pa.
R.C.P. 3117.
Additionally, please note I have set your deposition for Thursday, August 30, 2007
at 9:00 a.m.
call.
I urge you to consider paying the sums that you admit are due to my office. Please
Barbara Sumple-Sullivan
BSS/lh
Enclosures
BARBARA SUMPLE-SULLIVAN,
ESQUIRE,
Plaintiff
V.
ELIZABETH GOTH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2007-3116
NOTICE OF DEPOSITION ON ORAL
EXAMINATION PURSUANT TO PA. R. C. P. 40071(d)(2)
TO: Ms. Elizabeth J. Goth
502 Jacob Lane
Mechanicsburg, PA 17050
Notice is hereby given that pursuant to PA. R. C. P. 4007.1(d)(2), the deposition as shown
below, will be taken before a Notary Public or some other person authorized by law to administer
oaths at the law offices of Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New
Cumberland, Pennsylvania on the 30th day of August, 2007 at 9:00 A.M.
TIME:
9:00 A.M.
PERSON TO BE DEPOSED:
Elizabeth J. Goth
The above-named individual shall appear at the above time and place, together with the
following documents:
1. Complete copies of your individual Federal and State Tax Returns, including
W-2s and all schedules, for tax years 2004, 2005 and 2006;
2. Copies of all pay stubs from January 1, 2006 to the present;
3. Documentation of any additional income you realized from 2006 to the
present, including rental payments, severance, bonuses, etc.;
4. Documentation of all assets, including all bank and financial account records
for January, 2006 to the present;
5. Copies of all real estate appraisals for property owned;
6. Copies of all life insurance policies; and
7. Copies of all values for any retirement a oun .
Dated: July 26, 2007
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
Attorney for Plaintiff
Barbara Sumple-Sullivan, Esquire
Plaintiff
V.
Elizabeth J. Goth,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 3116
INTERROGATORIES IN AID OF EXECUTION
AND NOW comes, Barbara Sumple-Sullivan, Esquire and files, in accordance
with Pa. R.C.P. 3117, the following Interrogatories in Aid of Execution of her judgment
against the Defendant. You must answer these interrogatories within thirty (30) days of
the date of service on you.
Responses are due within thirty days of the date of service.
1. Identify all financial accounts that you have, either in your name alone or
with another parry. For purposes of this Interrogatory, financial account shall be any
account held by a bank, credit union, insurance company, brokerage house, or any other
depository of monies and include any 401(K) and deferred compensation. For each
financial account, please identify the following:
a. The name and address of the financial institution;
b. The account number; and
c. The sum in the account as of January 1, 2006 for each month thereafter to
the present.
Answer:
2. Identify all entities (natural person or otherwise) who owe you money either
as salary, wage, or for repayment of a debt.
a. For each person, identify the name and address of the individual;
b. The amount of the monies owed.
1. If this is your employer, identify the pay date on which you are paid
your salary or other wage;
2. the amount receive as salary or other wages; and
3. State your payroll or other identifying number.
Answer:
3. Identify your current employer.
a. State address and telephone number; and
b. State the name of your supervisor.
Answer:
4. Identify whether your receive child support. If yes, state the amount. Also,
identify the PAC SES Case Number for said payment.
Answer:
2
5. Please identify the location of any safe deposit box held in your name and
the contents thereof as of January 1, 2006.
Answer:
Dated: July 26, 2007
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317'
3
EXHIBIT "B"
EXHIBIT "C"
LAW OFFICES
BARBARA SUMPLE-SULLIVAN
549 BRIDGE STREET
NEW CUMBERLAND, PENNSYLVANIA 17070-1931
PHONE (717) 774-1445
FAX (717) 774-7059
October 2, 2007
Ms. Elizabeth Goth Janis
502 Jacob Lane
Mechanicsburg, PA 17050
Re: Sumple-Sullivan v. Goth
Dear Beth:
Since you have not responded to my call, I am providing to you a second
Deposition Notice: You are directed to appear at my office on Friday, November 2, 2007
at 8:30 a.m. Please remember that you had cancelled the last deposition at the last hour
generating more costs. Such action will only result in the imposition of additional costs,
in addition to your fees and interest. You need to satisfy this obligation.
I am eagerly awaiting your payment plan. Please call to discuss.
BSS/lh
Enclosure
rsaraara Numpie-MUIVan
BARBARA SUMPLE-SULLIVAN,
ESQUIRE,
Plaintiff
V.
ELIZABETH GOTH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
: NO. 2007-3116
NOTICE OF DEPOSITION ON ORAL
EXAMINATION PURSUANT TO PA. R. C. P. 4007.1(d)(2)
TO: Ms. Elizabeth J. Goth
502 Jacob Lane
Mechanicsburg, PA 17050
Notice is hereby given that pursuant to PA. R. C. P. 4007.1(d)(2), the deposition as shown
below, will be taken before a Notary Public or some other person authorized by law to administer
oaths at the law offices of Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New
Cumberland, Pennsylvania on the 2°d day of November, 2007 at 8:30 A.M.
TIME:
8:30 A.M.
PERSON TO BE DEPOSED:
Elizabeth J. Goth
The above-named individual shall appear at the above time and place, together with the
following documents:
1. Complete copies of your individual Federal and State Tax Returns, including
W-2s and all schedules, for tax years 2004, 2005 and 2006;
2. Copies of all pay stubs from January 1, 2006 to the present;
3. Documentation of any additional income you realized from 2006 to the
present, including rental payments, severance, bonuses, etc.;
4. Documentation of all assets, including all bank and financial account records
for January, 2006 to the present;
5. Copies of all real estate appraisals for property owned;
6. Copies of all life insurance policies; and
7. Copies of all values for any retirement ace.
Dated: October 2, 2007 01, WNCOAffomon - -
arbara Sumple-Sullivan, Esquire
1549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
Attorney for Plaintiff
EXHIBIT "D"
BARBARA SUMPLE-SULLIVAN, ESQUIRE
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
DATE: November 14,
TO: Elizabethfjr. J
FROM: BarbarAm
SUBJECT: Barba FOR YOUR FILES
ullivan, Esquire v. Elizabeth J. Goth
X FOR YOUR INFORMATION
Attached please find a copy of an Invoice from Geiger & Loria Reporting Service.
Add this to your bill. I am still awaiting your proposal.
PLEASE COMMENT
PLEASE SIGN AND RETURN
PLEASE CALL TO DISCUSS
Geiger & Loria Reporting Service
2408'Park Drive
Suite B
Harhisbagi PA 17110
Phone: 717-541-1508 Fax:717-541-1509
i
Barbara Sumple-Sullivan
Law Q3fice of'Barbara Sumple-Sullivan
S49 Bridge Street
New Cumberland PA 17070
INVOICE
Invoice No. Invoice Date Job. No.
5803 11/12/2007 1729
Job Date Case No.
11/2/2007 2007-3116
Case Name
Barbara Sumple-Sullivan vs Elizabeth Goth
Payment' erms
Net 30
Attendance of reporter.
Non-Appearance 70.44 70 OD,
Waiting Time - Hourty 2.50 Hours ? 35.90 8750
TOTAL DUE >>> $157.50 J
I {
Tax ID: 25-1679685 Phone: 717-774-1445 Fax;
Please detach bottom portion and return with payment.
Job No. : 1729 BU ID :1-MAIN
Barbara Sumple-Sullivan Case No. 2007-3116
Law Office of Barbara 5umple-Sullivan Case Name Barbara Sumple-Sullivan vs Elizabeth Goth
549_ Bhdge'Street
New.Cumberland PA 17070
Invoice No. 5803 Invoice Date :11/12/2007
Total Due $ 157.50
Remit To: Geiger & Loria Reporting Service
208 Park Drive
Suite B
Harrisburg, PA 17110
EXHIBIT "B"
LAW OFFICES
BARBARA SUMPLE-SULLIVAN
549 BRIDGE STREET
NEW CUMBERLAND, PENNSYLVANIA 17070-1931
PHONE (717) 774-1445
FAX (717) 774-7059
July 15, 2008
Ms. Elizabeth Goth Janis
502 Jacob Lane
Mechanicsburg, PA 17050
Re: Sumple-Sullivan v. Goth
Dear Beth:
Since you have not responded to my letters, I am providing to you a Deposition
Notice. You are directed to appear at my office on Thursday, August 14, 2008 at 10:00
a.m. Your failure to attend will only result in the imposition of additional costs, in
addition to your fees and interest. You need to satisfy this oh 'ga ion.
Barbara Sumple-Sullivan
BSS/ih
Enclosure
BARBARA SUMPLE-SULLIVAN,
ESQUIRE,
Plaintiff
V.
ELIZABETH GOTH,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2007-3116
NOTICE OF DEPOSITION ON ORAL
EXAMINATION PURSUANT TO PA. R. C. P. 4007.1(d)(2)
TO: Ms. Elizabeth J. Goth
502 Jacob Lane
Mechanicsburg, PA 17050
Notice is hereby given that pursuant to PA. R. C. P. 4007.1(d)(2), the deposition as shown
below, will be taken before a Notary Public or some other person authorized by law to administer
oaths at the law offices of Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New
Cumberland, Pennsylvania on the 14th day of August, 2008 at 10:00 A.M.
TE%IE•
10:00 A.M.
PERSON TO BE DEPOSED:
Elizabeth J. Goth
The above-named individual shall appear at the above time and place, together with the
following documents:
1. Complete copies of your individual Federal and State Tax Returns, including
W-2s and all schedules, for tax years 2005, 2006 and 2007;
2. Copies of all pay stubs from January 1, 2008 to the present;
3. Documentation of any additional income you realized from 2007 to the
present, including rental payments, severance, bonuses, etc.;
4. Documentation of all assets, including all bank and fmancial account records
for January, 2007 to the present;
5. Copies of all real estate appraisals for property owned;
6. Copies of all life insurance policies; and
7. Copies of all values for any retirement accoun .
Dated: July 15, 2008
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
Attorney for Plaintiff
EXHIBIT "F"
• 1
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA SUMPLE-SULLIVAN, ESQUIRE,
PLAINTIFF
VS NO. 2007-3116
ELIZABETH GOTH,
DEFENDANT
AFFIDAVIT OF NONAPPEARANCE
STATE OF PENNSYLVANIA
COUNTY OF DAUPHIN
I, Sherry Bryant, Registered Merit Reporter and
Certified Realtime Reporter, do hereby certify that I was
present at the Law Office of Barbara Sumple-Sullivan, 549
Bridge Street, New Cumberland,. Pennsylvania, on Thursday,
August 14, 2008 from 9:45 a.m. until 11:40 a.m. for the
purpose of reporting the deposition of Elizabeth Goth,
scheduled to begin at 10:00 a.m., pursuant to notice, and that
the deponent did not appear.
Dated this 14th day of August 2008.
r"!
Sherry J r t, RM /RR
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
EXHIBIT "G"
rJng Service
E138?,}fa5c7,17-541-1509
Sumple Sullivan
r i
pA 1'7070
NVOICE
Invoice Date` Job No.
7551 8/18/2008 3777
lob Date Case No.
8/1412008 2007-3116.
Case"Name .
Barbara Sumple-Sullivan vs Elizabeth Goth
Payment Terms
Net 30
- afbirzat eth Got and Robbie 1 uzier _Ar
ti 70.00 70.00
35.00 35.00
f TOTAL DUE >>>
$105.t1U
y*,
k
i 4
_.
-
Tax,iD:;` z?1679685 - Phone: 717-774-1445 Fax:717-7747059
A ,
Please detach bottom portion and return with payment.
Job No. 3777 BU ID :1-MAIN
8arfiar? Sample ,Sullivan Case No. : 2007-3116
La ce 8arbaraSumple-Sullivan _
_. 5
Case Name
Barbara Sumple-Sullivan vs Elizabeth Goth
-549 ge tfeet
?lew£unberlari?, PA 17070
Invoice No. 7551 Invoice Date :8/18/2008
Total Due $ 105.00
PAYMENT WITH CREDIT CARD
Cardholder's Name:
Card Number
Exp Date: Phone#:
Billing Address:
Zif)• Card Se curity Code
Amount to Charge:
Cardholder's Signature:
r
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELIZABETH GOTH,
Defendant
CIVIL ACTION
NO. 07 - 3116
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served
the Motion For Sanctions to this Honorable Court, in the above-captioned matter upon
the following individual via United States Mail:
DATE: October, 2008
Ms. Elizabeth
502 Jacob La
Mechanicsburg, P)
1
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
6
r "° ^._.?
t `'p '?
L ? J -.#
- ? ? r-.'? 7 +?•7
r.a .
'?
?3
C?.? %`i
__}
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION
ELIZABETH GOTH,
Defendant NO. 07 - 3116
RULE TO SHOW CAUSE
AND NOW, this day ofv , 2008, a Rule is issued upon
Defendant to show cause why Plaintiff is not entitled to the relief requested. Defendant
shall file and serve an answer to the Motion within twenty (20) days of this date. Fai
t , 3-
BY THE COURT:
istribution:
?M ?arbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070
s. Elizabeth Goth, 502 Jacob Lane, Mechanicsburg, PA 17050
3> i'E. s rn.-a ? ? '4v;
CO
r Ey -? ?•
.=.
C ? l
is
rr LL3 C:D
N
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BARBARA SUMPLE-SULLIVAN, ESQUIRE, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION
ELIZABETH GOTH,
Defendant : NO. 07 - 3116
PETITION TO MAKE RULE ABSOLUTE
1. Petitioner is Plaintiff, Barbara Sumple-Sullivan, Esquire.
2. Respondent is Defendant, Elizabeth Goth.
3. On October 31, 2008, Petitioner filed a Motion to Compel Attendance at
Deposition and for Sanctions.
4. On November 5, 2008, Judge J. Wesley Oler issued a Rule returnable in twenty
(20) days upon Defendant to show cause why the Motion should not be granted.
5. Said Rule was served upon Defendant by letter dated November 7, 2008. A
true and correct copy of same is attached hereto as Exhibit A.
6. No timely answer or other response was filed to said Rule by Defendant.
7. Petitioner requests that the Rule issued on November 5, 2008 be made absolute.
WHEREFORE, Petitioner requests the Rule be made absolute.
DATE: January 7, 2009 /? ?...
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Exhibit "A"
LAW OFFICES
BARBARA SUMPLE-SULLIVAN
549 BRIDGE STREET
NEW CUMBERLAND, PENNSYLVANIA 17070-1931
PHONE (717) 774-1445
FAX (717) 774-7059
November 7, 2008
Ms. Elizabeth Janis
502 Jacob Lane
Mechanicsburg, PA 17050
Re: Barbara Sumple-Sullivan, Esquire v. Elizabeth Goth
Docket No. 07-3116 / Cumberland County
Dear Beth:
Enclosed constituting service on you is a Rule to Show Cause dated November 5,
2008 in the above captioned matter. Please be advised your response is do on or before
November 27, 2008.
Barbara. Sumple-Sullivan
BSS/lh
Enclosure
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
Reaivad From: a
rbara Sample-SWRyw& aq (LU
ah •V 1Ob 9 e o
W3?N 00
One Pisa of ordinary mail awed to
50a V
Ci-
MAY BE USED FOR DOM ESTIC AND INTERN TI NAL MAIL
DOES NOT OVIDE
,
FOR INSURANCE - POSTMASTER
PS FORM
MAY 1976 3817
tr U.S.G.P.O.: 1988 -202-395/78114
I
NOV n 3 2008 On
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION
ELIZABETH GOTH,
Defendant NO. 07 - 3116
RULE TO SHOW CAUSE
AND NOW, this __.S4?y of XI ,, , 2008, a Rule is issued upon
Defendant to show cause why Plaintiff is not entitled to the relief requested. Defendant
shall file and serve an answer to the Motion within twenty (20) days of this date. 4-76hre-
JtJa
BY THE COURT:
h- 1 1) A A , A P., . , )?. ,
Distribution:
Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070
Ms. Elizabeth Goth, 502 Jacob Lane, Mechanicsburg, PA 17050
l two tj V it w my h4'lf
• a
?S £+s? 1 4of 4q, _:: J.
1?
wM•/i? rr
r? "?_ ? .NGX1 • G?9?
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BARBARA SUMPLE-SULLIVAN, ESQUIRE, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION
ELIZABETH GOTH,
Defendant NO. 07 - 3116
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I
served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter
upon the following individual(s) by United States first-class mail, postage prepaid, addressed as
follows:
Ms. Elizabeth Goth
502 Jacob Lane
Mechanicsburg, PA 17050
DATE: January 7, 2009
H'arbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
G:
r"
"Y
FEET ' 9 209 6
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BARBARA SUMPLE-SULLIVAN, ESQUIRE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION
ELIZABETH GOTH,
Defendant : NO. 07 - 3116
ORDER
AND NOW, this -Z ?day of 2009, upon consideration of the Petition
to Make Rule Absolute, said Petition is hereby GRANTED.
It is further ORDERED and DECREED that Defendant shall pay $392.00 and
1
appear within sixty (60) days of this Order for deposition. P(2)_-2T1 ! 1 S? ?l t 'M-'11 ?--
Dj &.2.bf a ha1lLL as4o c- I( e- 70,71 17t-e_-;'}LC jefosc4ceJ?
BY THE COURT:
stribution:
? Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070
,'1 s. Elizabeth Goth, 502 Jacob Lane, Mechanicsburg, PA 17050
1 ES /? c /
Q
Lo
C?l
C-i