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HomeMy WebLinkAbout08-69531 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, Plaintiff, V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. CIVIL DIVISION No. OB - Og53 Ci Vi (-I earth PRAECIPE TO ENTER JUDGMENT Filed on Behalf of the Plaintiff, PR WL Limited Partnership Counsel of Record for this Party: Stephen S. Zubrow PA ID No. 43523 Moira Cain-Mannix PA ID No. 81131 MARCUS & SHAPIRA LLP Firm No. 145 One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, Plaintiff, V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. CIVIL DIVISION No. PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter a judgment against the Defendants, Mighty Donuts, Inc., Bill Shaka and Donna Shaka, husband and wife, jointly and severally, and Steven Peterson and Donna Peterson, husband and wife, jointly and severally. In support thereof, Plaintiff, PR WL Limited Partnership, states as follows: On February 1, 2008, the Prothonotary of Luzerne County entered a judgment against Mighty Donuts, Inc. in the amount of $45,000.00 and against Bill Shaka and Donna Shaka and Steven Peterson and Donna Peterson in the amount of $51,734.67. 2. Plaintiff has caused said judgment to be transferred to Cumberland County. WHEREFORE, Plaintiff, PR WL Limited Partnership, respectfully requests the Cumberland County Prothonotary to enter judgment against Mighty Donuts, Inc. in the amount of $45,000.00 and against Bill Shaka and Donna Shaka, jointly and severally, and Steven Peterson and Donna Peterson, jointly and severally, in the amount of $51,734.67. Respectfully submitted, Stephen S. Zubrow (Pa. ID No. 43523) Moira Cain-Mannix (Pa. ID No. 81131) Marcus & Shapira LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219-6401 (412) 471-3490 Counsel for Plaintiff, PR WL Limited Partnership CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Enter Judgment was served upon counsel for the Defendants listed below by United States mail, first class service, postage prepaid, this 19thday of November, 2008: James Turner, Esquire 4701 Front Street Harrisburg, PA 17110 (counsel for the Petersons) Joseph Albert, Esquire Albert & Kamage 458 Wyoming Avenue, Suite 201 Kingston, PA 18704 (counsel for Mighty Donuts, Inc. and the Shakas) Moira Cain-Mannix 5 In The Court of Common Pleas of Luzerne County, Pennsylvania Office of Prothonotory PR WL LIMITED PARTNERSHIP vs. MIGHTY DONUTS, INC., BILL SHAKA AND DONNA SHAKA, HUSBAND AND WIFE, JOINTLY AND SEVERAJ,LY, AND STEVEN PETERSON AND DONNA PETERSON, HUSBAND AND WIFE, JOINTLY AND SEVERALLY No 12056 Term, 2006 CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, JILL A MORAN, , Prothonotary of the Court of Common Pleas of Luzerne County, Pennsylvania, do hereby certify that the following is a true, correct and full copy of the Docket Entries in the above captioned case. SEE ATTACHED CERTIFICATION OF DOCKET ENTRIES. I further certify that Judgment was entered in favor of PR WL LIMITED PARTNERSHIP MIGHTY DONUTS, INC., BILL SHAKA, DONNA SHAKA, STEVEN PETERSON AND and against DONNA PFTFRg0N on the 1ST day of $45,000.00 AGAINST MIGHTY DONUTS, INC. FFBRITARY XI 2008, in the above captioned case in the amount of $51.734.67 AGAINST BILL AND DONNA SHAKA AND STEVEN AND DONNA PETERSON. In testimony whereof, I have hereunto set my hand and official seal of the said Court on the 13JH day of NOVEMBER A.D. RX 91108 I'd U.) 0 H 00 ZsJ ."d O x y cn ayz F- N to n y x r O O PO a CD A O a ?o u, 0 a 0 O In ? y o W w lJi ¢7 O rr bi H r ry a ?Z d H t=i C z E t7 0 a b M y M iv OH ?-d c wr ? asa c ? N y C t T 1 tai tr1 t7 H u, n ? C7 y [xi z " d LL' H O 0o zwq , . O 1-4O ? 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(D C a N -q n M CD n -n ?p cD CD (p 3 u? 3 fD N Q c N Q z (D Q O N P 9 1 v N Q m c Z O Cf C/ N H z 7 N CD - (D CD 3 CD y CD CD ? Cn Cn O Si _Z W Z. R. C) 2 # 2 2 D c c m 0 0 Cl. m (D C CL 3 0 0 m ? 3 m CD (D CD D C 0 c C D O c C O O O n x N -i x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m a N N " PO N -+ - ? (p N v Co CT A O IV W O (p W A W N O cD V CD O G7i A W O A 7 ff A 0 Q -n ?>cv /D YJ d N <D <D N 3 v 10 IU1 (D o, n s V n Di Ln M 0 N O U1 0) N O 0 0) A 0 C" CD C? 0 `C b N N O (D n O N N O O 00 n 0 rt N O O O d (D (D N O C rr O 7 n D lfl N (D V) (D (D CL r r r r r ? r r r r r 3 3 3 3 3 CL g g n . g n n ? n ? m D. b m m p j i a i o q! 5, s lD CD CD CD CD M (n -u v U) = m m = D ? -i D O Cl) cn m O O p p ? ? Z 0 Z Z M z Cf) D Z 0 C) 1 ;Z3 C 1 olo 0o W o0 co m N N N N N O O O O O O O O O O O O O O O O O ° O O D D D D D W w w w p° A A A -91 S v V V V O C- b ?Q N N O N G IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, Plaintiff, V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. CERTIFIED FR THE RECORDS THIS Z----L DAY OF A.D. 20 r JILL A. O PER F CIVIL DIVISION No. 12056-2006 PRAECIPE TO ENTER JUDGMENT Served on Behalf of the Plaintiff, PR WL Limited Partnership Counsel of Record for this Party: Stephen S. Zubrow PA ID No. 43523 Moira Cain-Mannix Pa. I.D. No. 81131 MARCUS & SHAPIRA LLP Firm No. 145 One Oxford Centre, 35`h Floor 301 Grant Street r-? Pittsburgh, PA 15219 --o (412) 471-3490 r*t ro Gp0 N -+ Q N 01p6620p600019 Judgment - Entry ol Any Dame County Promonouiy 2110006 2:25.05 PM X. IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, CIVIL DIVISION Plaintiff, No. GD 12056-2006 V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. PRAECIPE TO ENTER JUDGMENT To the Prothonotary: °m -n m 1 -c g N Q N Pursuant to the Order of Court dated December 7, 2007, kindly enter judgment in favor of Plaintiff and against Defendant, Mighty Donuts, Inc. in the amount of $45,000.00 and in favor of Plaintiff and against Defendants Bill Shaka, Donna Shaka, Steven Peterson and Donna Peterson in the amount of $51,734.67. ?G kv Q F>rbn}ary-3Date: 2008 Stephen S. Zubrow (PA I.D. No. 43523) Moira Cain-Mannix (PA I.D. No. 81131) MARCUS & SHAPIRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, PR WL Limited Partnership r" -v C-' ? for z rn Q ?0 ??c CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Enter Judgment was forwarded by first class, United States mail, postage prepaid, to Counsel of (S? ?(( vLva0 Record listed below this day o dry, 008: Joseph G. Albert, Esquire 458 Wyoming Avenue, Suite 201 Kingston, PA 18704 Moira Cain-Mannix 40 r- r - O o? N .-c O N ?ERTiF1ED FR THE RECORDS THIS DAY OF A AIRY JILL A. R T ONO PER ' Ill 0120582008.00017 Ce"Gate Of service Lae-Co,inb Prolhwc"fy 2/IMM 225.32 PM ? r? N C tJ t) `s 3 t' L N a -33 4_4; A Q' N?- I , A Defendants. CIVIL DIVISION No. NOTICE OF ENTRY OF JUDGMENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, V. Plaintiff, MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, TO: MIGHTY DONUTS, INC. AND BILL SHAKA AND DONNA SHAKA AND STEVEN PETERSON AND DONNA PETERSON Please take notice that a judgment in the amount of $45,000.00 has been entered against Mighty Donuts, Inc., and that a judgment in the amount of $51,734.67 has been entered against Bill Shaka and Donna Shaka, jointly and severally, and Steven Peterson and Donna Peterson, jointly and severally. Date: /.2 /C& Pr onota Court of Common Pleas of Cumberland County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, CIVIL DIVISION No. 08-6953 Plaintiff, MOTION TO COMPEL DIRECTED TO V. DEFENDANTS STEVEN PETERSON AND DONNA PETERSON MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and Filed on Behalf of Plaintiff DONNA PETERSON, Husband and Wife, jointly PR WL Limited Partnership and severally, Defendants. Counsel of Record for this Party: Stephen S. Zubrow PA ID No. 43523 Moira Cain-Mannix Pa. I.D. No. 81131 MARCUS & SHAPIRA LLP Firm No. 145 One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 N _ g '' . O T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, Plaintiff, CIVIL DIVISION No. 08-6953 V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. Plaintiff, PR WL Limited Partnership, files this Motion to Compel and respectfully submits as follows: 1. On February 1, 2008, the Prothonotary of Luzerne County entered a judgment against Defendants Mighty Donuts, Inc. in the amount of $45,000.00 and against Bill Shaka and Donna Shaka and Steven Peterson and Donna Peterson in the amount of $51,734.67 in connection with a breach of Lease Termination Agreement and breach of Guaranty of Lease Termination Agreement, respectively. FAILURE TO ATTEND A DEPOSITION 2. By letter dated July 10, 2008, Plaintiff served Defendant Steven Peterson with a Notice of Deposition scheduling his deposition for July 31, 2008 at 1:30 p.m. A true and correct copy of the cover letter sent to Defendants' counsel and Notice of Deposition are attached hereto as Exhibit A. 3. Counsel for Defendant did not respond to the Plaintiffs counsel request that he confirm the deposition date and, therefore, Plaintiff's counsel sent a follow-up letter dated July 30, 2008 to Defendant's counsel regarding Mr. Peterson's availability. Counsel for Defendant responded by handwritten note requesting that the deposition be rescheduled. True and correct copies of this correspondence are attached hereto as Exhibit B. 4. By letter dated August 8, 2008 Plaintiff's counsel requested that the deposition of Mr. Peterson be rescheduled for September 19, 2008 at 10:00 a.m. Again, counsel for Defendant did not respond and Plaintiffs counsel sent a follow up letter dated September 16, 2008 to confirm the deposition. True and correct copies of these letters are attached hereto as Exhibit C. 5. By letter dated September 18, 2008, Defendant Steven Peterson advised Plaintiff s counsel that he had moved to Carlisle, Pennsylvania and was being represented by new counsel. A true and correct copy of this letter is attached hereto as Exhibit D. 6. Because the Petersons relocated to Carlisle, Pennsylvania, Plaintiff transferred the judgment in this matter to Cumberland County at Civil Division No. 08-6953. 7. Plaintiffs counsel sent two (2) requests to Defendant's new counsel, by letters dated September 22, 2008 and October 29, 2008, respectively, requesting dates for Mr. Peterson's deposition. True and correct copies of these letters are attached hereto as Exhibit E. 8. To date, Defendant Steven Peterson has failed to appear for his deposition and has failed to provide Plaintiffs counsel with new deposition dates. FAILURE TO ANSWER INTERROGATORIES 9. On or about February 22, 2010, Plaintiff served Interrogatories for Discovery of Assets in Aid of Execution Directed to Steven Peterson and Donna Peterson. A true and correct copy of Plaintiffs Interrogatories is attached hereto as Exhibit F. 10. To date, Defendants have failed to respond to Plaintiffs Interrogatories for Discovery of Assets in Aid of Execution Directed to Steven Peterson and Donna Peterson. WHEREFORE, Plaintiff, PR WL Limited Partnership, respectfully requests this Honorable Court to: 1) enter an Order compelling Defendant Steven Peterson to attend, submit to, and answer questioning at an oral deposition within twenty (20) days of this Court's order; and 2) enter an Order compelling the Defendants Steven Peterson and Donna Peterson to serve full and complete Answers to Interrogatories for Discovery of Assets in Aid of Execution within fifteen (15) days from the date of the Order. 11-1 Dated: March , 2010 Respectfully submitted, Stephen S. Zubrow PA ID No. 43523 Moira Cain-Mannix PA ID No. 81131 MARCUS & SHAPIRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, PR WL Limited Partnership l-J MARCUS & SHAPIRA LLP ONE OXFORD CENTRE, 35TH FLooR 301 GRANT STREET PITrsBURGH, PENNSYLVANIA 15219-6401 (412)471-3490 Moira Caio-Mamiix E-mdl: cain-mannia@_Mus-shapva.com Direct Dial: (412) 338-3344 Fax: (412) 391-8758 July 10, 2008 Joseph Albert, Esq. Albert & Kamage 458 Wyoming Avenue, Suite 201 Kingston, PA 18704 Re: PR WL Limited Partnership v. Mighty Donuts, Inc., et al. Case No. 12056-2006 Dear Mr. Albert: Enclosed please find a Notice of Deposition of Defendant Steven Peterson, scheduling his deposition for Thursday, July 31, 2008. If this date presents a problem for you, I would be happy to work with you on rescheduling the date. Please note that I am sending the Notice to you as you are still counsel of record for defendants. If you no longer represent Mr. Peterson please advise who does or where Mr. Peterson can be reached if he is not represented. I thank you for your cooperation in this matter. Very truly yours, Moira Cain-Mannix MCM/sfin Enclosure .-J it IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, Plaintiff, V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. CIVIL DIVISION No. 12056-2006 NOTICE OF DEPOSITION OF STEVEN PETERSON Counsel of Record for this Party: Stephen S. Zubrow PA ID No. 43523 Moira Cain-Mannix Pa. I.D. No. 81131 MARCUS & SHAPIRA LLP Firm No. 145 One Oxford Centre, 35`h Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 _ -1 IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, CIVIL DIVISION Plaintiff, No. GD 12056-2006 V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. NOTICE OF DEPOSITION PLEASE TAKE NOTICE that pursuant to Rule 4007.1 of the Pennsylvania Rules of Civil Procedure, the deposition of Defendant, Steven Peterson, will be taken before an officer authorized to administer oaths by the laws of the Commonwealth of Pennsylvania, on the 31 st day of July, 2008, commencing at 1:30 p.m., and continuing thereafter until completed, in the offices of Elliott Greenleaf & Dean, 253 South Franklin Street, Suite 300, Wilkes-Barre, PA 18701. 1! Stephen S. Zubrow (PA I.D. No. 43523 Moira Cain-Mannix (PA I.D. No. 81131) MARCUS & SHAPIRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, PR WL Limited Partnership CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Deposition of Steven Peterson was forwarded by first class, United States mail, postage prepaid, to Counsel of Record listed below this 10th day of July, 2008: Joseph G. Albert, Esquire 458 Wyoming Avenue, Suite 201 Kingston, PA 18704 Moira Cain-Mannix . I MARCUS & SHAPIRA LLP ONE OXFORD CENTRE, 35TH FLOOR 301 GRANT STREET PITTSBURGH, PENNSYLVANIA 15219-6401 (412) 471-3490 Moira Cain-Mannix E-mail: cain-mannix@marcus-shapira.com Direct Dial: (412) 338-3344 VIA FACSIMILE Joseph Albert, Esq. Albert & Kamage 458 Wyoming Avenue, Suite 201 Kingston, PA 18704 Fax: (412) 391-8758 July 30, 2008 rr Re: PR WL Limited Partnership v. Mighty Donuts, Inc., et al. Case No. 12056-2006 Dear Mr. Albert: I have not heard back from you as to whether or not Steven Peterson will be available to sit for his deposition that was noticed for Thursday, July 31. If Mr. Peterson is not available on July 31, will you please provide me with a date when he will be available. As I said when we spoke on the phone, I am more than happy to take his deposition in Carlisle. I look forward to hearing from you sometime today. Very truly yours, Moira Cain-Mannix MCM/ws r,7/30/2008 WED 14;34 FAX 570 718 1790 Law Offices JUL-30-2008 WED 0124 PM MARCUS & sHAPIRA LLP LAW OFFICES FAX NO. X001/001 P. 01 OM OXFORD CENTRE, 35T8 FLOOR 301 GRANT STRWr P17TSEtT,G13, PMSYLVANIA 15219-6401 (412) 471-3490 FAX: (412) 3914758 CONFIDENTIALITY NOTE This information is LUGALLY PRIVILEGED AND CONFIDBNTfAL and is intended only for the use of the individual(s) named below. If you are not the intended raelpient, you are hereby notified that any diwaminafim distribution or eopylng of this telecopy is strictly prohibited. If you have roceived this telecapy in ermr, please notify us immodiatoly and return the original message to us at the address above via the United Stow PoBW Service. Thank you. PLEASE DELIM,MSE TRUCOM2A E;3 MMEDUITELY 7_33-03 DATE: July 30, 2008 TO: Joseph Albert, Esq. Albert & Kan W f.1 458 Wyoming Avenue, Suite 201 A^J G&L C It 'P Kingston, PA 18704 ]FAX: (570) 718-1790 A? FROM: Moira Cain-Mamdx y • 7 ?. Re: ,PR WL Limited Parturship v, h1j& y Donuts, Inc., et aL 4 p,, bUSSAGE: ]PLEASE SEE ATTACHED. w jr J0 Ne a- NUMBER Ole PAOI3S SENT INCLUDING COVER SHM: ?2 TIME MT.- 1:21 PM PERSON SENDING: c1 CLIENT NUMML. L/ MARCUS & SHAPIRA LLP v); ONE OXFORD CENTRE, 35"' FLOOR 301 GRANT STREET PITTSBURGH, PENNSYLVANIA 15219-6401 (412) 471-3490 Moira Cain-Mannix E-mail: cain-mannix@nlarcus- hapira.com Direct Dial: (412) 338-3344 VIA FACSIMILE AND REGULAR NAIL Joseph Albert, Esq. Albert & Kamage 458 Wyoming Avenue, Suite 201 Kingston, PA 18704 Fax: (412) 391-8758 August 8, 2008 Re: PR WL Limited Partnership V. Mighty Donuts, Inc., et al. Case No. 12056-2006 Dear Mr. Albert: Thank you for your faxed note of July 30th proposing dates for Mr. Peterson's deposition. Based upon the dates you provided, I would like to reschedule Mr. Peterson's deposition for Friday, September 19th, at 10:00 a.m., at the law offices of Elliott, Greenfleaf & Dean, 39 Public Square, Suite 1000, Wilkes Barre, PA 18702, pursuant to the Notice of Deposition dated July 10, 2008. I look forward to meeting you in person on September 19`h. Very truly yours, Moira Cain-Mannix MCM/ws r MARCUS & SHAPIRA LLP ONE OXFORD CENTRE, 35111 FLOOR 301 GRANT STREET PITTSBURGH, PENNSYLVANIA 15219-6401 (412) 471-3490 Moira Cain-Mannix E-mail: cain-niannix@marcus-shapira.com Direct Dial: (412) 338-3344 VIA FACSIMILE Joseph Albert, Esq. Albert & Kamage 458 Wyoming Avenue, Suite 201 Kingston, PA 18704 Fax: (412) 391-8758 September 16, 2008 Re: PR WL Limited Partnership v. Mighty Donuts, Inc., et al. Case No. 12056-2006 Dear Mr. Albert: I have not heard back from you as to whether or not Steven Peterson will be available to sit for his deposition set for Friday, September 19. I do not expect the deposition to last more than two hours. I look forward to hearing from you sometime today. Very truly yours, Moira Cain-Mannix MCM/ws Moira Caine-Mannix Marcus & Shapira LLP One Oxford Center 35`h Floor Pittsburgh, PA 15219 9/18/08 Subject: Mighty Donuts Past Due Balance Dear Ms. Mannix, I am writing to you to let you know I am represented by an Attorney in relation to any alleged debt incurred by me or any company I was affiliated with. I was contacted at my employer yesterday and this is to notify you that my employer does not allow any personal calls or visits so please cease and desist contacting me at my employer. Please direct all further inquiries to my attorney: Attorney James Turner 4701 Front Street Harrisburg, PA 17110 Sincerely, Stephen Peterson 105 Coventry Drive Carlisle, PA 17015 a . MARCUS & SHAPIRA LLP ONE OXFORD CENTRE, 35TH FLOOR 301 GRANT STREET PITTSBURGH, PENNSYLVANIA 15219-6401 (412) 471-3490 Moira Cain-Mannix E-mail: coin-nunnix@rnarcus-shapimcom Direct Dial: (412) 338-3344 VIA U.S. Mail James Turner, Esq. 4701 Front Street Harrisburg, PA 17110 Fax: (412) 391-8758 September 22, 2008 Re: PR WL Limited Partnership v. Mighty Donuts, Inc., et al. Case No. 12056-2006 I understand that you are now representing Mr. Peterson with respect to the above- captioned matter. Please see the attached letter which I received from your client. I would like to conduct a deposition in aid of execution in this matter. I am happy to take your client's deposition in the Harrisburg or Carlisle area. Please contact me at your earliest convenience so that we may discuss the scheduling of the deposition at a time which is convenient for you and your client. I look forward to hearing from you. Very truly yours, cc: Ms. Joan Garry Moira Cain-Mannix (A0343447.1) MARCUS & SHAPIRA LLP ONE OXFORD CENTRE, 35TH FLOOR 301 GRANT STREET PITTSBURGH, PENNSYLVANIA 15219-6401 (412) 471-3490 Moira Cain-Mannix E-mail: Cain-mannix@marcus-shapira.com Direct Dial: (412) 338-3344 Fax: (412) 391-8758 October 29, 2008 James Turner, Esq. 4701 Front Street Harrisburg, PA 17110 Re: PR WL Limited Partnership v. Mighty Donuts, Inc., et al. Case No. 12056-2006 Dear Mr. Turner: I sent you a letter on September 22, 2008 requesting a date for your client's deposition (a copy is enclosed for your convenience). To date, I have not heard from you. I would be happy to take your client's deposition at your office or in the Carlisle area, if that would be more convenient to your client. Please contact me at your earliest convenience so that we can move forward with the scheduling of the deposition. Very truly yours, cc: Ms. Joan Garry Moira Cain-Mannix (A0343447.1) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, Plaintiff, V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. CIVIL DIVISION No. 08-6953 ORDER AND NOW, to wit, this _ day of , 2010 upon consideration of the Motion to Compel Deposition it is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff shall attend, submit, and answer an oral deposition on the day of 2010 at a.m. at BY THE COURT: J. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion to Compel Deposition Directed to Defendant Steven Peterson was forwarded by first class, United States mail, postage prepaid, to Counsel of Record listed below this day of February, 2010: James Turner, Esq. 4701 Front Street Harrisburg, PA 17110 Moira Cain-Mannix IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, Plaintiff, CIVIL DIVISION No. 08-6953 V. BILL SHAKA. and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, jointly and severally, Defendants. INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION DIRECTED TO STEVEN PETERSON AND DONNA PETERSON Because you have failed to pay the full amount of the Judgment previously entered against you, the Judgment-Creditor, to whom you are indebted, has a right to attempt to enforce that Judgment by a Judicial Sale (Sheriffs Sale) of your assets; and has a right to inquire concerning the existence and location of those assets. Therefore, pursuant to the applicable Rules of Court, you are required to make full and complete Answers to the questions set forth in the following pages. These Answers must be made in writing, under oath, within thirty (30) days after service upon you. You are warned that, should you fail to do so, the Court may make an Order imposing punishment for Contempt of Court. If you do not understand your duty to Answer these questions, you should consult a lawyer. If you do not have or know a lawyer, then you should 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 PORTIONS OF THE APPLICABLE PENNSYLVANIA RULES OF CIVIL PROCEDURE CONCERNING DISCOVERY OF ASSETS IN AID OF EXECUTION "Rule 3117. Discovery in Aid of Execution (a) Plaintiff at any time after Judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or a garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceedings that the defendant has property liable to execution." "Rule 4005. Written Interrogatories to a Party (a) ...any party may serve upon any other party written interrogatories to be answered by the party served..." "Rule 4006. Answers to Written Interrogatories By a Party (a)(1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. (a)(2) Each interrogatory shall be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer .... The answering party shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories...." "Rule 4019. Sanctions (a)(1) The court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005... (c) The court; when acting under subdivision (a) of this rule, may make... (4) an order imposing punishment for contempt..." DEFINITIONS "Person[s]" means all natural human beings and artificial entities such as corporations, joint ventures, associations and other legal entities existing in fact or at law. "Defendants" mean Steven Peterson and Donna Peterson to whom these Interrogatories are directed. INTERROGATORIES 1. REAL ESTATE: Do the Defendants, either jointly or individually, have an ownership or interest in any real estate anywhere in the United States? If so, set forth a brief description thereof, 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 names and addresses 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. ANSWER: 2. TRANSFERS OF REAL ESTATE: In the six years preceding to the date of these Interrogatories have the Defendants transferred any real property either by sale, gift, exchange, or otherwise? If so, please give a description of the property so 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 Defendants and the time and place of the transfer. ANSWER: 3. TRANSFERRED ASSETS AND GIFTS: If, in the preceding six years, the Defendants have transferred any assets (real property, personal property, chose in action), not covered by the immediate preceding Interrogatory, to any person, and/or, if the Defendants have given any gift valued at more than $250.00, 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. ANSWER: 4. AGREEMENTS: State whether the Defendants have any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is made, and state whether or not any persons are joined with the Defendants in the agreement. Supply full names and addresses of all parties concerned. If the said agreement is recorded, provide the state and county of recordation, with volume and page numbers. ANSWER: 5. ACCOUNTS RECEIVABLE, DEBTS, NOTES & JUDGMENTS: State the names and addresses of any and all persons whom the Defendants believe owe the Defendants money and set forth in detail the amount of money owed, the terms of payment and whether or not the Defendants have written evidence of this indebtedness, and if so, the location thereof. Also state if the matter is in litigation, and if so give full details. If the Defendants hold Mortgages or Judgments as security for any of these debts, state where and when such was recorded or entered; and the County, Book, Page number and term where recorded. If the Defendants hold this Judgment or Mortgage jointly with any other person or persons, give their name and address. ANSWER: 6. INSURANCE: State whether or not the Defendants, either jointly or individually, are the owners of any life insurance contracts. If so, state the persons whose lives are so insured, the serial or policy number or numbers of said contracts, the face amount, the exact name and address of the insurance companies, the named beneficiary or beneficiaries and their present address. If the Defendants own this insurance jointly with any other person or persons, give their name and address. State whether such policies are term, whole life or some other type of policy. State also whether such policies have any cash value and whether there exist any loans against such policies and, if so state all amounts. ANSWER: 7. GOVERNMENT, MUNICIPAL OR CORPORATE BONDS: State whether or not the Defendants own individually or jointly any corporate or governmental bonds. If so, include the face amount, serial numbers and maturity dates and state the present location thereof. If the Defendants own any of these Bonds jointly with any other person or persons, give their name and address. ANSWER: 8. SHARES OR INTEREST: State whether or not the Defendants own any stocks, shares or interest in any corporation, or unincorporated association or partnership interest, limited or general and state the location thereof. Include the names and addresses of the organizations and the serial numbers of the shares or stocks. If the Defendants own any of the stocks, shares or interest jointly with any other person or persons, give their name and address. ANSWER: 9. DEPOSITORY OR BANK ACCOUNTS: State whether or not the Defendants, either jointly or individually, maintain any checking, savings, or other depository accounts. If so, state the name and location of the depository institution or bank and the branch or branches thereof, the identification numbers of those accounts, and the amount or amounts the Defendants have in each account. If the Defendants maintain any of these jointly with another person, give their name and address. ANSWER: 10. SAFETY DEPOSIT BOXES: State whether or not the Defendants maintain any safety deposit box or boxes. If so, include the name of the institution, branch or branches and the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendants maintain any of these jointly with another person, give their name and address. ANSWER: 11. PERSONAL PROPERTY: State whether or not the Defendants own any personal property. Include a full description of all machinery, equipment, inventory, furniture, fixtures, furnishings 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 owning 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 Defendants own any personal property jointly with another person or persons, give their name and address. ANSWER: 4 - 12. RENTED PROPERTY: Is any of the property of the Defendants 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 possession of the third person; the consideration or payment received by Defendants; the name and address of the person who receives the rents or other consideration on behalf of the Defendants. ANSWER: 13. MOTOR VEHICLES: State whether or not the Defendants, either jointly or individually, own or have any rights in any motor vehicles. Include a full description of each such motor vehicle including color, model, title number, serial number and registration plate number. Also show the name or names in which each motor vehicle is registered, the present value of each motor vehicle and their present location and place of regular storage, garaging or parking. State also whether or not 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 Defendants' rights in and to such vehicles. ANSWER: 14. OTHER ASSETS: If the Defendants have any assets which are not disclosed in the preceding Interrogatories, please set forth all details concerning those assets. ANSWER: By: Stephen S. Zubrow Moira Cain-Mannix MARCUS & SHAPIRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, PR WL Limited Partnership G,, VERIFICATION OF ANSWERS TO INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION I, Steven Peterson, under penalty of perjury and subject to the penalties of 19 Pa. C.S. Section 4904 relating to unworn falsification to authorities verify that the foregoing Answers to Interrogatories For Discovery of Assets in Aid of Execution are true and correct to the best of my knowledge, information and belief. Signature Present Address a? VERIFICATION OF ANSWERS TO INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION I, Donna Peterson, under penalty of perjury and subject to the penalties of 19 Pa. C.S. Section 4904 relating to unsworn falsification to authorities verify that the foregoing Answers to Interrogatories For Discovery of Assets in Aid of Execution are true and correct to the best of my knowledge, information and belief. Signature Present Address I+ CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Interrogatories For Discovery of Assets in Aid of Execution Directed to Steven Peterson and Donna Peterson were served upon Counsel of Record listed below this i? day of February, 2010: James Turner, Esq. 4701 Front Street Harrisburg, PA 17110 J Moira Cain-Mannix i ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, Plaintiff, V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. CIVIL DIVISION No. 08-6953 ORDER Filed on Behalf of Plaintiff PR WL Limited Partnership Counsel of Record for this Party: Stephen S. Zubrow PA ID No. 43523 Moira Cain-Mannix Pa. I.D. No. 81131 MARCUS & SHAPIRA LLP Firm No. 145 One Oxford Centre, 35d` Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 t 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, PR WL LIMITED PARTNERSHIP, CIVIL DIVISION No. 08-6953 V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. AND NOW, to wit, this day of 2010 upon consideration of the Motion to Compel Deposition it is hereby ORDERED, ADJUDGED, AND DECREED that Defendant Steven Peterson shall attend, submit to, and answer questions at an oral deposition within twenty (20) days of this date. IT IS FURTHER, ORDERED, ADJUDGED, AND DECREED that Defendants Steven Peterson and Donna Peterson shall, within ten (10) days from the date of this Order, serve full and complete Answers to Interrogatories for Discovery of Assets in Aid of Execution. BY THE COURT: ORDER J. r ?% CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion to Compel Deposition Directed to Defendants Steven Peterson and Donna Peterson was forwarded -9 zql-- by first class, United States mail, postage prepaid, to Counsel of Record listed below this C-a day of March, 2010: James Turner, Esq. 4701 Front Street Harrisburg, PA 17110 Moira Cain-Mannix PR WL LIMITED PARTNERSHIP, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON: and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants CIVIL ACTION - LAW NO. 08-6953 CIVIL IN RE: PLAINTIFF'S MOTION TO COMPEL DEPOSITION ORDER AND NOW, this a day of April, 2010, argument on the within motion to compel deposition is set for Thursday, May 6, 2010, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kev' A. Hess, P. J. ..Moira Cain-Mannix, Esquire For the Plaintiff o ,,,-James Turner, Esquire r 0 For the Defendants '-n T; :rlm t ? S ?7L? C C T 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR WL LIMITED PARTNERSHIP, Plaintiff, V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary : C o -n -p ?3 0 -f -Q D N ,,rn v A `n o 0 _Zp = a- C) DZ N yf ?7 Kindly issue a Writ of Execution upon a judgment entered by Confession in the above matter. (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Steven Peterson and Donna Peterson, husband and wife, Defendants, whose last known address is 105 Coventry Drive, Carlisle, Pennsylvania, 17015; (3) against Orrstown Bank, Garnishee, with an address of 427 Village Drive, Carlisle, Pennsylvania, 17015 (or the closest Orrstown Bank); (4) and index this writ against Steven Peterson and Donna Peterson., Defendants, as a lis pendens against the real property of the Defendants. (5) Amount due gay .ro ?a 3. so a so PG( 'ko'q `??` Sa ol',tc? LL CIVIL DIVISION No. 08-6953 $51,734.67 r Date: November ? 3, 2010 14?4? Stephen S. Zubrow (Pa. I.D. No. 43523) Moira Cain-Mannix (Pa. I.D. No. 81131) MARCUS & SHAPIRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, PR WL Limited Partnership . . t • PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Any and all of defendants' bank accounts in the possession of Orrstown Bank, garnishee and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Date: November 2010 ` ?Na? Stephen S. Zubrow (PA I.D. No. 43523) Moira Cain-Mannix (PA ID No. 37093) MARCUS & SHAPIRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, PR WL Limited Partnership WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6953 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PR WL LIMITED PARTNERSHIP Plaintiff (s) From MIGHTY DONUTS, INC., BILL SHAKA AND DONNA SHAKA, HUSBAND AND WIFE, JOINTLY AND SEVERALLY, AND STEVEN PETERSON AND DONNA PETERSON, HUSBAND AND WIFE, JOINTLY AND SEVERALLY (I) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ORRSTOWN BANK AT 427 VILLAGE DRIVE, CARLISLE, PA 17015 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 $51,734.67 L.L.$.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $233.50 Other Costs Plaintiff Paid Date: 11/29/10 David D. well, Prothonot (Seal) By: Deputy REQUESTING PARTY: Name MOIRA CAIN-MANNIX, ESQUIRE Address: ONE OXFORD CENTRE, 35TH FLOOR 301 GRANT STREET PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-471-3490 Supreme Court ID No. 81131 C' THE OTHO TARS' 2010 DEC 17 PH 4: 014 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS PENNs YLVA NIA OF CUMBERLAND COUNTY, PENNSYLVANIA PR WYOMING VALLEY LIMITED PARTNERSHIP, CIVIL DIVISION Plaintiff, V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. No. 08-006953 PRAECIPE TO SETTLE AND DISCONTINUE AS TO DEFENDANTS STEVEN PETERSON AND DONNA PETERSON ONLY Counsel of Record for this Party: Stephen S. Zubrow PA ID No. 43523 Moira Cain-Mannix Pa. I.D. No. 81131 MARCUS & SHAPIRA LLP Firm No. 145 One Oxford Centre, 35'h Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR WYOMING VALLEY LIMITED PARTNERSHIP, CIVIL ACTION Plaintiff, V. MIGHTY DONUTS, INC., BILL SHAKA and DONNA SHAKA, Husband and Wife, jointly and severally, and STEVEN PETERSON and DONNA PETERSON, Husband and Wife, jointly and severally, Defendants. Case No. 08-006953 PRAECIPE TO DISCONTINUE AS TO DEFENDANTS STEVEN PETERSON AND DONNA PETERSON ONLY TO THE PROTHONTOARY: Please mark the above action settled and discontinued with prejudice as to Defendants Steven Peterson and Donna Peterson only. Dated: December 14, 2010 Stephen S. Zubrow Pa. I.D. No. 43523 Moira Cain-Mannix Pa. I.D. No. 81131 MARCUS & SHAPIRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, PR Wyoming Valley Limited Partnership 2 CERTIFICATE OF SERVICE; The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE AS TO DEFENDANTS STEVEN PETERSON AND DONNA PETERSON ONLY was served via First Class Mail this 14th day of December, 2010 as follows: James H. Turner, Esquire Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Moira Cain-Mannix