HomeMy WebLinkAbout04-1882IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
NO. nil - JAR)- 0c c,
l
LL
Civil Action - (X) Law
( ) Equity
COMMERCE BANKMARRISBURG, N. A.,
100 Senate Avenue
P. O. Box 8599
Camp Hill, PA 17001-8599,
Plaintiff
TRI-STATE MOBILE HOME
PROFESSIONALS, INC.
503 Bridge Street
V. New Cumberland, PA 17070;
TRI-STATE MOBILE HOME
PROFESSIONALS OF LANCASTER, LLC
7099 Carlisle Pike
Mechanicsburg, PA 17055;
TRI-STATE MOBILE HOMES OF
LANCASTER, INC.
R.D. 42, Box 2101
Reading, PA 19605;
and
MH 1 FINANCIAL, LLC
c/o Corporation Service Company
2704 Commerce Drive
Harrisburg, PA 17110,
Defendants
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COUNTY:
Please issue a writ of summons in the above-captioned action.
X Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff.
JOHN F. YANINEK, ESQUIRE
Sup. Ct. I.D. No. 55741
Mette, Evans & Woodside
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
717-232-5000
?ature of tt mey
Date:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
NO. e-)4 -?PPol l,Lvi??r`r2H?
Civil Action - (J) Law
( ) Equity
COMMERCE BANK/HARRISBURG, N. A.,
100 Senate Avenue
P. O. Box 8599
Camp Hill, PA 17001-8599,
Plaintiff
TRI-STATE MOBILE HOME
PROFESSIONALS, INC.
503 Bridge Street
New Cumberland, PA 17070;
TRI-STATE MOBILE HOME
PROFESSIONALS OF LANCASTER, LLC
7099 Carlisle Pike
Mechanicsburg, PA 17055;
TRI-STATE MOBILE HOMES OF
LANCASTER, INC.
R.D. #2, Box 2101
Reading, PA 19605;
and
MH 1 FINANCIAL, LLC
c/o Corporation Service Company
2704 Commerce Drive
Harrisburg, PA 17110,
Defendants
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN
ACTION AGAINST YOU.
Prothonotary
Date: )Q p/,:L L eC/ i o1Q'?y may, 'e // /1'j. a .
( ) Check here if reverse is issued for additional information.
Depu
397013v1
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-01882 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK/HARRISBURG NA
VS
TRI-STATE MOBILE HOME ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
TRI-STATE MOBILE HOMES OF LANCASTER INC
but was unable to locate Them
deputized the sheriff of BERKS
serve the within WRIT OF SUMMONS
to wit:
He therefore
County, Pennsylvania, to
On June 1st , 2004 , this office was in receipt of the
attached return from BERKS
Sheriff's Costs: So answers---
Docketing 6.00
Out of County 9.00
Surcharge 10.00 R. Thomas lin
Dep Berks County 27.75 Sheriff of Cumberland County
.00
52.75
06/01/2004
METTE EVANS WOODSIDE
Sworn and subscribed to before me
this 9L, day of
o?Ppq A.D.
r, 0.. .. ,
V Prothonotary
in his bailiwick
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-01882 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK/HARRISBURG NA
VS
TRI-STATE MOBILE HOME ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
MH 1 FINANCIAL LLC
but was unable to locate Them
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
serve the within WRIT OF SUMMONS
County, Pennsylvania, to
On June 1st , 2004 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answ :,
Docketing 6.00 /
Out of County 9.00
Surcharge 10.00 R. Thomas Kline-'
Dep Dauphin Co 29.25 Sheriff of Cumberland County
.00
54.25
06/01/2004
METTE EVANS WOODSIDE
Sworn and subscribed to before me
this 0 day ofL
Z`/ov^(l' A./D/.' "
/ Prothonotarl
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-01882 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK/HARRISBURG NA
VS
TRI-STATE MOBILE HOME ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
TRI-STATE MOBILE HOME PROFESSIONALS INC the
DEFENDANT , at 1031:00 HOURS, on the 4th day of May 2004
at 503 BRIDGE STREET
NEW CUMBERLAND, PA 17070 by handing to
TERESA A SWOYER, EXEC ASST, ADULT IN CHARGE
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.83
Affidavit .00
Surcharge 10.00
.00
32.83
Sworn and Subscribed to before
me this l 6 yday of
l.in.c_ 0-071 / A.D.
P ? honota&r y
So Answers:
R. Thomas Kline
06/01/2004
METTE EVANS WOODSIDE
By:
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-01882 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK/HARRISBURG NA
VS
TRI-STATE MOBILE HOME ET AL
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
TRI-STATE MOBILE HOME PROFE
DEFENDANT , at 1031:00
at 7099 CARLISLE PIKE
MECHANICSBURG, PA 17055
TERESA A SWOYER, EXEC ASST,
a true and attested copy of
was served upon
SSIONALS OF LANCASTER LLC the
HOURS, on the 4th day of May 2004
by handing to
ADULT IN CHARGE
WRIT OF SUMMONS together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 9 day of
dove A.D.
r thonotary
So Answers:
R. Thomas Kline
06/01/2004
METTE EVANS WOODSIDE
By.
Deputy Sheriff
In The Court of Common Pleas of Cumberland County, Pennsylvania
Commerce Bank/Harrisburg NA
VS.
Tri-State Mobile Home Professionals Inc. et al
SERVE: Tri-State Mobile Hones Of Lancaster, Inc. No. 04-1882 civil
Now, April 29, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Berks County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
,20 , at o'clock M. served the
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of County, PA
Sworn and subscribed before
me this ! day of 20,
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
SHERIFF OF BERKS COUNTY
633 Court Street, Reading, PA 19601
Phone: 610-478-6240 Main Fax: 610-478-6222 Sheriff Fax: 610-478-6072
Barry Jozwiak, Sheriff
Eric J. Weaknecht, Chief Deputy
AFFIDAVIT OF SERVICE
DOCKET NO. 04-1882
COMMONWEALTH OF
PENNSYLVANIA:
COUNTY OF BERKS
Personally appeared before me, NORMAN GARIPOLI, Deputy for Barry J. Jozwiak, Sheriff of Berks
County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says
that on MAY 12, 2004 at 1:17 PM, he served the annexed WRIT OF SUMMONS upon TRI-STATE
MOBILE HOMES, within named defendant, by handing a copy thereof to LIZA LISCZD, OFFICE
MANAGER, at 5672 ALLENTOWN PIKE, READING, MAIDENCREEK TOWNSHIP, Berks County,
Pa., and made known to defendant the contents thereof.
3 subscribed before me
day of MAY( 04
PA
NOTARIAL SEAL
Tammy Rodriguez, Notary Public
Reading, Berks County
My commiesi0n expires October 6, 2007
DEPUTY SHERIFF OF B S CO., PA
Service made as set forth above.
o Answers,
#46.1 0
SHERIFF OF BERKS COUNTY, PA
Sheriff's Costs in Above Proceedings
$ 75.00 DEPOSIT
$ 27.75 ACTUAL COST OF CASE
$ 47.25 AMOUNT OF REFUND
All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to
demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all
unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof.
_Sec. 2, Act of June 20, 1911, P.L/ 1072
In The Court of Common Pleas of Cumberland County, Pennsylvania
Commerce Bank/Harrisburg NA
vs.
Tri-State Mobile Home Professionals Inc, et al
SERVE: MH 1 Financial LLC No. 04-1882 civil
Now, April 29, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
, 20 at o'clock M. served the
copy of the original
the contents thereof.
So answers,
Sheriff of County, PA
Sworn and subscribed before
me this , day of 20,
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
(off -tre of 14je "S;4triff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph:(717)255-2660 15;ax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania COMMERCE BANK HARRISBURG NA
vs
County of Dauphin • MH 1 FINANCIAL LLC
Sheriff's Return
No. 4197-T - - -2004
OTHER COUNTY NO. 04-1882
AND NOW:May 4, 2004 at 9:30AM served the within
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
SUMMONS upon
MH 1 FINANCIAL, LLC by personally handing
C/O CORP SERVICE CO
to WENDY SMITH CUSTOMER SERVICE ASSOC 1 true attested copy(ies)
of the original
SUMMONS
and making known
to him/her the contents thereof at 2704 COMMERCE DR
HBG, PA 17110-0000
Sworn and subscribed to
before me this 6TH day of MAY, 2004
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2006
So Answers,
Sheri f of Dauph' C ty, Pa.
By
Deputy Sheriff
Sheriff's Costs:$29.25 PD 05/04/2004
RCPT NO 193938
D CANTR
JAMES J. BINNS, P.C.
By: James J. Binns, Esquire
Identification No.03467
Charles M. O'Donnell, Esquire
Identification No. 43261
c/o Phillip A. McFillin, Jr.
600 N. Third Street
Philadelphia, PA 19123
(215) 275-3000
COMMERCE BANK/HARRISBURG,
N/A.,
Plaintiff,
V.
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE
MOBILE HOME PROFESSIONALS,
LLC., TRI-STATE MOBILE HOMES
OF LANCASTER, INC. and MHI
FINANCIAL, LLC.
Defendants.
Attorney f or Defendants,
Tri-State Mobile Home Professionals, Inc.,
et al.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 04-1882 CIVIL TERM
CIVIL ACTION AT LAW
JURY TRIAL DEMANDED
DEFENDANT'S MOTION FOR A PROTECTIVE ORDER
PURSUANT TO PA.R.C.P. 4011 AND 4012
Defendants, Tri-State Mobile Home Professionals, Inc., Tri-State Mobile Home
Professionals of Lancaster, LLC. and MHL Financial, LLC'. ("Tri-State"), by and through
undersigned counsel, hereby submits its Motion for a Protective Order Pursuant to Pennsylvania
Rules of Civil Procedure 4011 and 4012. In support thereof, Tri-State avers as follows:
1. On or about May 4, 2004, Plaintiff, Commerce Bank/Harrisburg, N.A.
("Commerce"), commenced this action against Tri-State by filing a Writ of Summons.
2. Counsel's copy of Commerce's Writ of Summons contains no information as to
the nature of its alleged claims neither in fact nor law. A copy of the received Writ of Summons
is attached as Exhibit A.
3. On or about February 15, 2005, Tri-State's counsel received three (3) Notices of
Deposition including document requests seeking the testimony of Craig Rothstein, Carmine
Tirone and Christian Tirone of Tri-State and the production of documents on March 7, 2005. A
true and correct copy of Plaintiff s Notice of Depositions is attached hereto as Exhibit B.
4. On February 25, 2005, Tri-State's counsel received three (3) Amended Notices of
Deposition (still scheduling the depositions and document delivery for March 7, 2005). The
Amended Notices of Deposition, which are attached hereto as Exhibit C, include the following
description of the alleged areas of a cause of action:
"Defendants: failure to provide to the Plaintiff accurate information
regarding loan applicants; providing fraudulent information relating
to loan documentation; breach of contract relating to titles to real
properties; misrepresentation as to the identity of the borrowers,
income of the borrowers, value of collateral, occupant of property;
and negligent and intentional misrepresentation of information as
identified and set forth above."
5. Commerce still has not filed a Complaint.
6. Commerce must hold in its possession any and all information it needs to
determine whether it maintains any causes of action against Tri-State and to produce a
Complaint.
7. Upon receipt of Plaintiffs first set of Notices of Deposition, Tri-State, via letter,
requested that Plaintiff file a Complaint if Commerce still believed it maintained a cause of
action.
8. Plaintiffs counsel failed to respond to Tri-State's request, instead delivering the
a
revised Notices of Deposition, received February 25, 2005.
9. The Notices of Deposition with document requests at issue must be prohibited
pursuant to Pennsylvania Rules of Civil Procedure 4011 and 4012.
10. Rule 4011 sets forth four specific categories of impermissible discovery. The rule
provides that:
i. No discovery or deposition shall be permitted which (a) is sought in
bad faith; [or] (b) would cause unreasonable ... oppression, burden
or expense to the deponent or any person or party; [or] (c) is beyond
the scope of discovery as set forth in Rules 4003.1 through 4003.6;
or ... (e) would require the making of an unreasonable investigation
by ... any party or witness.
Pa.R.C.P. 4011.
11. Rule 4012 gives the Court broad powers to protect a party and witness from the
unreasonable annoyance, oppression burden and expense and to issue a protective order prohibiting
that discovery. Pa.R.C.P. 4012(a). See Stenger v. Lehigh Valley Hosp. Center, 554 A.2d 954 (Pa.
Super. 1989) (court has wide latitude in fashioning protective orders to minimize discovery abuses,
and may enter any order which justice requires).
12. Pre-complaint discovery is not a matter of right., is closely scrutinized by Courts
and will not be granted to seek support for an alleged cause of action already known to exist.
13. In this case, utilizing these standards, Plaintiff makes no showing that its
Complaint cannot be prepared absent such pre-complaint discovery.
14. Counsel's copy of Plaintiffs Writ of Summons includes no description of the
nature of the Plaintiff's allegations.
15. Pre-complaint discovery cannot be used for determining whether or not a cause of
action exists.
3
16. Although Courts recognize that discovery is burdensome to all, when justice
requires, a protective order will issue. See Young v. Sheddy, 35 Pa. D.& Cad 78, 80 (C.C.P.
Lycoming 1984).
17. A protective order must be issued because requiring Tri-State personnel to appear
for deposition and to produce documents is improper and a violation of the rules of civil
procedure and unduly burdensome and harassing where, as here, no Complaint has been filed
and Plaintiff has not sustained its burden of proving that it cannot prepare a Complaint without
pre-complaint discovery.
18. A protective order must be issued because requiring Tri-State personnel to appear
for deposition and produce documents is improper and a violation of the rules of civil procedure
and unduly burdensome and harassing, where, as here, it is an abuse of pre-complaint discovery.
19. A protective order must be issued because requiring Tri-State personnel to appear
for deposition and produce documents is improper and a violation of the rules of civil procedure
and unduly burdensome and harassing where, as here, without a Complaint, the scope of
discovery is unlimited by the fact pleading required in a Complaint.
20. A protective order must be issued because requiring Tri-State personnel to appear
for deposition and produce documents is improper and a violation of the rules of civil procedure
and unduly burdensome and harassing, where, as here, without an underlying Complaint there is
no basis upon which Tri-State or the Court can fully gauge the relevancy or limits of discovery.
21. A protective order must be issued because requiring Tri-State personnel to appear
for deposition and produce documents is improper and a violation of the rules of civil procedure
and unduly burdensome and harassing, where, as here, without a Complaint, Tri-State and its
counsel are deprived of the ability to determine the extent and true nature of the dispute before
4
responding to discovery.
22. A protective order must be issued because requiring Tri-State personnel to appear
for deposition and produce documents is improper and a violation of the rules of civil procedure,
where, as here, Plaintiff as a federally regulated financial institution holds sufficient facts to
plead causes of action based on the description attached to the revised Notices of Deposition, and
it is an undue burden and harassment to require Tri-State personnel to respond to discovery
where Plaintiffs failure to file a Complaint deprives Tri-State personnel of the opportunity to
show that the claims Plaintiff intends to raise in its Complaint fail to state a cause of action.
WHEREFORE, for all or any of the foregoing reasons, Defendants, Tri-State Mobile
Home Professionals, Inc., Tri-State Mobile Home Professionals of Lancaster, LLC. and MHL
Financial, LLC., respectfully request that this Court grant its Motion for a Protective Order
pursuant to Pa.R.C.P. 4011 and 4012; enter the attached protective order; and grant such other
relief in favor of Defendants, Tri-State Mobile Home Professionals, Inc., Tri-State Mobile Home
Professionals of Lancaster, LLC. and MHL Financial, LLC., as it deems appropriate and just
under the circumstances.
Respectfully submitted,
OF COUNSEL: ?y
JAMES J. BINNS, P.C. J es J. Binn squire
harles M. O'Donnell, Esquire
300 Walnut Street
Philadelphia, PA. 19106
Attorney for Defendants
Tri-State Mobil; Home Professionals,
Inc., Tri-State Mobile Home Professionals
of Lancaster, LI,C. and MHL Financial, LLC.
DATED: March 2, 2005
5
VERi&CATION
I, Craig Rothstein, hereby state that I am a Plaintiff in the instant action, that I =
acquainted with the facts set forth in the foregoing Motion for a Protective Order, that the same
facts are true and correct to the best of my knowledge, inibnnation and belief, and that this
statement is made subject to the penalties of 18 Pa. C.S. $4904 relating to unswom fhlaiflcation
to authorities.
Craig Rote
JAMES J. BINNS, P.C.
By: James J. Binns, Esquire
Identification No.03467
Charles M. O'Donnell, Esquire
Identification No. 43261
c/o Phillip A. McFillin, Jr.
600 N. Third Street
Philadelphia, PA 19123
(215) 275-3000
COMMERCE BANKMARRISBURG,
N/A.,
Plaintiff,
V.
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE
MOBILE HOME PROFESSIONALS,
LLC., TRI-STATE MOBILE HOMES
OF LANCASTER, INC. and MHI
FINANCIAL, LLC.
Defendants. .
Attorney for Defendants,
Tri-State Mobile Home Professionals, Inc.,
et al,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 04-1882 CIVIL TERM
CIVIL ACTION AT LAW
JURY TRIAL. DEMANDED
NOTICE OF PRESENTATION
To: John F. Yaninek, Esquire
Mette, Evans & Woodside, P. C.
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
PLEASE TAKE NOTICE that the enclosed Motion will be presented to the Court as follows:
Date:
Time:
Location:
DATED:
By:
10
MAY 14 2004 1254 FR TRI-STATE MHP 610 926 1895 10 12158959597 P.01i02
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYL`7ANIA
NO.gnN-IML LLV,C
Civil Action - (J) Law
( ) Equity
COMMERCE BANKIHARRISBURG, N. A., TRI-STATE MOBILE HOME
100 Senate Avenue PROFESSIONALS, INC.
P. O. Box 8599 503 Bridge Street
Camp Hill, PA 17001-8599, v. New Cumberland, PA 17070;
Plaintiff
TRI-STATE MOBILE HOME
PROFESSIONALS OF LANCASTER LLC
7099 Carlisle Pike
Mechanicsburg, PA 17055;
TRI-STATE MOBILE HOMES OF
LANCASTER, INC.
R.D. #2, Box 2101
Reading, PA 19605;
and
C')
1 FINANCIAL, LLC X -
c/o Corporation Service Con3?,fiy
c/o
2704 Commerce Drive
Harrisburg, PA 17110, C.
: M.
...,
Defen?
¢aats
o
ry
7
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COUNTY:
Please issue a writ of summons in the above-captioned action.
X Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff.
JOHN F. YANINEK, ESQUIRE
Sup. Ct. I.D. No. 55741
Mette, Evans & Woodside
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
717-232-5000
ature of tt mey
Date:
MAY 14 2004 1255 FR TRI-STATE MHP 610 926 1895 TO 12158959597 P.02/02
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
Civil Action - (717 Law
( ) Equity
COMMERCE BANKMARRISBURG, N. A.,
100 Senate Avenue
P. O. Box 8599
Camp Hill, PA 17001-8599,
Plaintiff
TRI-STATE MOBILE HOME
PROFESSIONALS, INC.
503 Bridge Street
v. New Cumberland, PA 17070;
ac; rq4 t
TRI-STATE MOBILE HOME
PROFESSIONALS OF LANCASTER, LLC
7099 Carlisle Pike
Mechanicsburg, PA 17055;
U:
nt
p
TRI-STATE MOBILE HOMEOF a
_
LANCASTER, INC.
R.D. #2, Box 2101 c -ri .1
Reading, PA 19605;
w
and -
MH i FINANCIAL, LLC
clo Corporation Service Company
2704 Commerce Drive
Harrisburg, PA 17110,
Defendants
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN
ACTION AGAINST YOU.
Date: A Writ t • Zoo
y
Prothonotary
Depu
( ) Check here if reverse is issued for additional information.
TFtLX COPY FROM RECORD
have wfio so My h"
397013vi ,9r>d 1P18 "1?O1 Sd fi,Od df CB,rfi518• P8.
:ia? TOTAL PAGE. 02
John F. Yaninek, Esquire
Mette Evans & Woodside
3401 North Front Street
Harrisburg, PA 17110-0950
(717)232-5000
jfyaninek@mette.com
Attorney for Plaintiff
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TRI-STATE MOBILE HOME
No: 04-1882 - Civil Term
PROFESSIONALS, INC., TRI-STATE CIVIL ACTION - LAW
MOBILE HOME PROFESSIONALS
OF LANCASTER, LLC, TRI-STATE
MOBILE HOMES OF LANCASTER,
INC., and MH I FINANCIAL, LLC,
Defendants JURY TRIAL DEMANDED
NOTICE OF DEPOSITION
TO: Craig Rothstein
c/o Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
PLEASE TAKE NOTICE that pursuant to the Pennsylvania Rules of Civil Procedure,
Plaintiff, Commerce Bank/Harrisburg, N.A., will take the deposition of Craig Rothstein, on
Monday, March 7, 2005, commencing at 8:30 a.m., to be held at the offices of Mette, Evans &
Woodside, 3401 North Front Street, Harrisburg, PA 17110 for the purposes of discovery or for
use at trial, or for both purposes, before a person authorized to render an oath on all matters not
privileged, which are relevant and material to the issues and subject matter involved in this case.
The deponent is requested to bring all documents as outlined on Exhibit "A" attached to
this notice.
Respectfully submitted,
METTE, EVANS &; WOODSIDE
0
By:
, Esquire
F. Yar6e
Ct. I.D. No. 55741
3401 North Front Street
P. 0. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, NA
Date: February 10, 2005
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
V.
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE
MOBILE HOME PROFESSIONALS
OF LANCASTER, LLC, TRI-STATE
MOBILE HOMES OF LANCASTER,
INC., and MH I FINANCIAL, LLC,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No: 04-1882 - Civil Term
CIVIL ACTION • LAW
JURY TRIAL DEMANDED
EXHIBIT "A" TO NOTICE OF DEPOSITION
1. Documents containing or evidencing communications between representatives of the
defendants and the Bank regarding any loan customer referred to the Bank by the defendants and
who borrowed money from the Bank to purchase a mobile home or who guaranteed another's
obligations to repay such a loan (collectively, "Loan Customers").
2. Documents containing or evidencing communications between representatives of the
defendants and Loan Customers.
3. Documents containing or evidencing communications between representatives of the
defendants and any third party relating to Loan Customers.
4. Documents containing or evidencing communications between representatives of the
defendants and any third party relating to the Bank.
5. Documents evidencing any investigation, inquiry or request for information by any
governmental agency or authority relating to Loan Customers.
6. Documents relating in any way to appraisals obtained by any defendant and provided,
sent or furnished to the Bank in relation to Loans. "Loans" means any loan made by the Bank to,
or guaranteed by, a Loan Customer.
Note: As referred to herein, "documents" includes written, printed, typed, recorded, e-mail
transmission, or graphic matter, however produced or reproduced, including correspondence,
telegrams, other written communications, data analyses, projections, indices, work papers,
studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of
meetings, or any other writing (including copies of any of the foregoing, regardless of whether
you are now in possession, custody, or control, your former or present counsel, agents,
employees, officer, insurers, or any other person acting on your behalf).
416529vt
CERTIFICATE OF SERVICE.
I, John F. Yaninek, Esquire, hereby certify that I have served a true and correct copy of
the aforementioned Notice of Deposition on the persons below by depositing a copy of same in
the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, as follows:
Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
METTE, EVANS &: WOODSIDE
By: Lt1
Jo F. Yanin , squire
S . Ct. I.D. 55741
3 01 1 North Front Street
P. 0. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Far:
Attorneys for Plaintiff
Commerce Bank/Harrisburg, N.A.
Date: February 10, 2005
4161MVI
John F. Yaninek, Esquire
Mette Evans & Woodside
3401 North Front Street
Harrisburg, PA 17110-0950
(717)232-5000
jfyaninek@mette.com
Attorney for Plaintiff
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
No: 04-1882 - Civil Term
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE CIVIL ACTION- LAW
MOBILE HOME PROFESSIONALS
OF LANCASTER, LLC, TRI-STATE
MOBILE HOMES OF LANCASTER,
INC., and MH 1 FINANCIAL, LLC,
Defendants JURY TRIAL DEMANDED
NOTICE OF DEPOSITION
TO: Carmine Tirone
c/o Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
PLEASE TAKE NOTICE that pursuant to the Pennsylvania Rules of Civil Procedure,
Plaintiff, Commerce Bank/Harrisburg, N.A., will take the deposition of Carmine Tirone, on
Monday, March 7, 2005, commencing at 2:00 p.m., to be held at the offices of Mette, Evans &
Woodside, 3401 North Front Street, Harrisburg, PA 17110 for the purposes of discovery or for
use at trial, or for both purposes, before a person authorized to render an oath on all matters not
privileged, which are relevant and material to the issues and subject matter involved in this case.
The deponent is requested to bring all documents as outlined on Exhibit "A" attached to
this notice.
Respectfully submitted,
METTE, EVANS &:
By:
F. Yanine c)Esquir
Ct. I.D. No. 55741
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, NA
Date: February 10, 2005
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
V.
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE
MOBILE HOME PROFESSIONALS
OF LANCASTER, LLC, TRI-STATE
MOBILE HOMES OF LANCASTER,
INC., and MH I FINANCIAL, LLC,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No: 04-1882 - Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
EXHIBIT "A" TO NOTICE OF DEPOSITION
I. Documents containing or evidencing communications between representatives of the
defendants and the Bank regarding any loan customer referred to the Bank by the defendants and
who borrowed money from the Bank to purchase a mobile home or who guaranteed another's
obligations to repay such a loan (collectively, "Loan Customers").
2. Documents containing or evidencing communications between representatives of the
defendants and Loan Customers.
3. Documents containing or evidencing communications between representatives of the
defendants and any third party relating to Loan Customers.
4. Documents containing or evidencing communications between representatives of the
defendants and any third party relating to the Bank.
5. Documents evidencing any investigation, inquiry or request for information by any
governmental agency or authority relating to Loan Customers.
6. Documents relating in any way to appraisals obtained by any defendant and provided,
sent or furnished to the Bank in relation to Loans. "Loans" means any loan made by the Bank to,
or guaranteed by, a Loan Customer.
Note: As referred to herein, "documents" includes written, printed, typed, recorded, e-mail
transmission, or graphic matter, however produced or reproduced, including correspondence,
telegrams, other written communications, data analyses, projections, indices, work papers,
studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of
meetings, or any other writing (including copies of any of the foregoing, regardless of whether
you are now in possession, custody, or control, your former or present counsel, agents,
employees, officer, insurers, or any other person acting on your behalf).
416529V1
CERTIFICATE OF SERVICE
I, John F. Yaninek, Esquire, hereby certify that I have served a true and correct copy of
the aforementioned Notice of Deposition on the persons below by depositing a copy of same in
the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, as follows:
Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
METTE, EVANS &: WOODSIDE
r
By: r L
F. Y ek, Esquire
up. Ct. I.D. No. 55741
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, N.A.
Date: February 10, 2005
416189vI
John F. Yaninek, Esquire
Mette Evans & Woodside
3401 North Front Street
Harrisburg, PA 17110-0950
(717)232-5000
jfyaninek@mette.com
Attorney for Plaintiff
COMMERCE BANKMARRISBURG,
N.A..
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE
MOBILE HOME PROFESSIONALS
OF LANCASTER, LLC, TRI-STATE
MOBILE HOMES OF LANCASTER,
INC., and MH 1 FINANCIAL, LLC,
Defendants
No: 04-1882 - Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEIvIANDED
NOTICE OF DEPOSITION
TO: Christian Tirone
c/o Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
PLEASE TAKE NOTICE that pursuant to the Pennsylvania Rules of Civil Procedure,
Plaintiff, Commerce Bank/Harrisburg, N.A., will take the deposition of Christian Tirone, on
Monday, March 7, 2005, commencing at 11.00 a.m., to be held at the offices of Mette, Evans
& Woodside, 3401 North Front Street, Harrisburg, PA 17110 for the purposes of discovery or for
use at trial, or for both purposes, before a person authorized to render an oath on all matters not
privileged, which are relevant and material to the issues and subject matter involved in this case.
The deponent is requested to bring all documents as outlined on Exhibit "A" attached to
this notice.
Respectfully submitted,
METTE, EVANS & WOO?DjSIDE
By:
J F. Yani e ,Esquire
P. Ct. I.D. , . 5:5741
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, NA
Date: February 10, 2005
COMMERCE BANKMARRISBURG,
N.A.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No: 04-1882 - Civil Term
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE CIVIL ACTION - LAW
MOBILE HOME PROFESSIONALS
OF LANCASTER, LLC, TRI-STATE
MOBILE HOMES OF LANCASTER,
INC., and MH 1 FINANCIAL, LLC,
Defendants JURY TRIAL DEMANDED
EXHIBIT "A" TO NOTICE OF DEPOSITION
1. Documents containing or evidencing communications between representatives of the
defendants and the Bank regarding any loan customer referred to the Bank by the defendants and
who borrowed money from the Bank to purchase a mobile home or who guaranteed another's
obligations to repay such a loan (collectively, "Loan Customers").
2. Documents containing or evidencing communications between representatives of the
defendants and Loan Customers.
3. Documents containing or evidencing communications between representatives of the
defendants and any third party relating to Loan Customers.
4. Documents containing or evidencing communications between representatives of the
defendants and any third party relating to the Bank.
5. Documents evidencing any investigation, inquiry or request for information by any
governmental agency or authority relating to Loan Customers.
6. Documents relating in any way to appraisals obtained by any defendant and provided,
sent or furnished to the Bank in relation to Loans. "Loans" means any loan made by the Bank to,
or guaranteed by, a Loan Customer.
Note: As referred to herein, "documents" includes written, printed, typed, recorded, e-mail
transmission, or graphic matter, however produced or reproduced, including correspondence,
telegrams, other written communications, data analyses, projections, indices, work papers,
studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of
meetings, or any other writing (including copies of any of the foregoing, regardless of whether
you are now in possession, custody, or control, your former or present counsel, agents,
employees, officer, insurers, or any other person acting on your behalf).
416524v1
CERTIFICATE OF SERVICE
I, John F. Yaninek, Esquire, hereby certify that I have served a true and correct copy of
the aforementioned Notice of Deposition on the persons below by depositing a copy of same in
the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, as follows:
Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
METTE, EVANS & WOODSIDE
By: GL' ? C?
0 F. Yan k, Esquire
p. Ct. I.D. No. 55741
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, N.A.
Date: February 10, 2005
416210v1
John F. Yaninek, Esquire
Mette Evans & Woodside
3401 North Front Street
Harrisburg, PA 17110-0950
(717)232-5000
jfyaninek@mette.com
Attorney for Plaintiff
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE
MOBILE HOME PROFESSIONALS
OF LANCASTER, LLC, TRI-STATE
MOBILE HOMES OF LANCASTER,
INC., and MH 1 FINANCIAL, LLC,
Defendants
No: 04-1882 - Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AMENDED NOTICE OF DEPOSITION
TO: Craig Rothstein
c/o Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
PLEASE TAKE NOTICE that pursuant to the Pennsylvania Rules of Civil Procedure,
Plaintiff, Commerce Bank/Harrisburg, N.A., will take the deposition of Craig Rothstein, on
Monday, March 7, 2005, commencing at 8:30 a.m., to be held at the offices ofMette, Evans &
Woodside, 3401 North Front Street, Harrisburg, PA 17110 for the purposes of discovery or for
use at trial, or for both purposes, before a person authorized to render an oath on all matters not
privileged, which are relevant and material to the issues and subject matter involved in this case.
NATURE OF POTENTIAL CLAIMS
The cause of action is commenced by Writ and arises out of the Defendants: failure to provide to
the Plaintiff accurate information regarding loan applicants; providing fraudulent information
relating to loan documentation; breach of contract relating to titles to real properties;
misrepresentation as to the identity of the borrowers, income of the borrowers, value of
collateral, occupant of property; and negligent and intentional misrepresentation of information
as identified and set forth above.
The deponent is requested to bring all documents as outlined on Exhibit "A" attached to
this notice.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: &NoF Esquire
55741
Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, NA
Date: February 22, 2005
CERTIFICATE OF SERVICE
I, John F. Yaninek, Esquire, hereby certify that I have served a true and correct copy of
the aforementioned Notice of Deposition on the persons below by depositing a copy of same in
the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, as follows:
Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
METTE, EVANS & WOODSIDE
By:
F. Yan* , Esquire
. Ct. I.DII o. 55741
40 North Front Street
P. O. Box 5950
Harrisburg, PA 1.7110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, N.A.
Date: February 22, 2005
41737Iv2
John F. Yaninek, Esquire
Mette Evans & Woodside
3401 North Front Street
Harrisburg, PA 17110-0950
(717)232-5000
jfyaninek@mette.com
Attorney for Plaintiff
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE
MOBILE HOME PROFESSIONALS
OF LANCASTER, LLC, TRI-STATE
MOBILE HOMES OF LANCASTER,
INC., and MH 1 FINANCIAL, LLC,
Defendants
No: 04-1882 - Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AMENDED NOTICE OF DEPOSITION
TO: Christian Tirone
c/o Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
PLEASE TAKE NOTICE that pursuant to the Pennsylvania Rules of Civil Procedure,
Plaintiff, Commerce Bank/Harrisburg, N.A., will take the deposition of Christian Tirone, on
Monday, March 7, 2005, commencing at 11:00 a.m., to be held at the offices of Mette, Evans
& Woodside, 3401 North Front Street, Harrisburg, PA 17110 for the purposes of discovery or for
use at trial, or for both purposes, before a person authorized to render an oath on all matters not
privileged, which are relevant and material to the issues and subject matter involved in this case.
NATURE OF POTENTIAL CLAIMS
The cause of action is commenced by Writ and arises out of the Defendants: failure to provide to
the Plaintiff accurate information regarding loan applicants; providing fraudulent information
relating to loan documentation; breach of contract relating to titles to real properties;
misrepresentation as to the identity of the borrowers, income of the borrowers, value of
collateral, occupant of property; and negligent and intentional misrepresentation of information
as identified and set forth above.
The deponent is requested to bring all documents as outlined on Exhibit "A" attached to
this notice.
Respectfully submitted,
EVANS &
By:
p Ct. I.D. N6,-,65741
1401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce BanlMarrisburg, NA
Date: February 22, 2005
CERTIFICATE OF SERVICE
I, John F. Yaninek, Esquire, hereby certify that I have served a true and correct copy of
the aforementioned Notice of Deposition on the persons below by depositing a copy of same in
the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, as follows:
Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
METTE, EVANS & WOODSIDE
By:
5 Ian' e , Esquire
Ct. I.D. . 55741
01 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 .. Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, N.A.
Date: February 22, 2005
417381v1
John F. Yaninek, Esquire
Mette Evans & Woodside
3401 North Front Street
Harrisburg, PA 17110-0950
(717)232-5000
jfyaninek@mette.com
Attorney for Plaintiff
COMMERCE BANKIHARRISBURG,
N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE
MOBILE HOME PROFESSIONALS
OF LANCASTER, LLC, TRI-STATE
MOBILE HOMES OF LANCASTER,
INC., and MH 1 FINANCIAL, LLC,
Defendants
No: 041882 - Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AMENDED NOTICE OF DEPOSITION
TO: Carmine Tirone
c/o Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
PLEASE TAKE NOTICE that pursuant to the Pennsylvania Rules of Civil Procedure,
Plaintiff, Commerce Bank/Harrisburg, N.A., will take the deposition of Carmine Tirone, on
Monday, March 7, 2005, commencing at 2:00 p.m., to be held at the offices of Mette, Evans &
Woodside, 3401 North Front Street, Harrisburg, PA 17110 for the purposes of discovery or for
use at trial, or for both purposes, before a person authorized to render an oath on all matters not
privileged, which are relevant and material to the issues and subject matter involved in this case.
NATURE OF POTENTIAL CLAIMS
The cause of action is commenced by Writ and arises out of the Defendants: failure to provide to
the Plaintiff accurate information regarding loan applicants; providing fraudulent information
relating to loan documentation; breach of contract relating to titles to real properties;
misrepresentation as to the identity of the borrowers, income of the borrowers, value of
collateral, occupant of property; and negligent and intentional misrepresentation of information
as identified and set forth above.
The deponent is requested to bring all documents as outlined on Exhibit "A" attached to
this notice.
Respectfully submitted,
ANS &
By:
?u : Ct. LD. b(o. '55741
/3 01 North Front Street
C Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, NA
Date: February 22, 2005
CERTIFICATE OF SERVICE
I, John F. Yaninek, Esquire, hereby certify that I have served a true and correct copy of
the aforementioned Notice of Deposition on the persons below by depositing a copy of same in
the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, as follows:
Eric P. Wilenzik, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
METTE, EVANS & WOODSIDE
s
By:
Jo . Yanin , Esquire
Ct. LD. o. 55741
01 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, N.A.
Date: February 22, 2005
)vl
CERTIFICATE OF SERVICE
I, James J. Binns, Esquire, hereby certify that, on this date, I caused a true and correct copy
of the foregoing Defendant's Motion for Protective Order to be served via United States first class
mail, postage prepaid, upon the following:
John F. Yaninek, Esquire
Mette, Evans & Woodside, P. C.
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
DATED: March 2, 2005
?7 n
?
.?
-, .n
ti ?. ?
4?
?l
? . ..
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
TRI-STATE MOBILE .
HOME PROFESSIONALS,
INC., TRI-STATE MOBILE
HOME PROFESSIONALS,
LLC, TRI-STATE MOBILE
HOMES OF LANCASTER,
INC., and MHI
FINANCIAL, LLC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-1882 CIVIL TERM
ORDER OF COURT
AND NOW, this 7`' day of March, 2005, upon consideration of Defendants'
Motion for a Protective Order Pursuant to Pa. R.C.P. 4011 and 4012, and following a
telephone conference held on March 4, 2005, with James J. Binns, Esq., attorney for
Defendants, and John F. Yaninek, Esq., attorney for Plaintiff, the motion is denied.
BY THE COURT,
J. esley Oler, r., J.
vl'ohn F. Yaninek, Esq.
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorney for Plaintiff
games J. Binns, Esq.
300 Walnut Street
Philadelphia, PA 19106
Attorney for Defendants
T11
/?
-09-05
:rc
.L :=
,.,
;: .
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
V.
TRI-STATE MOBILE HOME
PROFESSIONALS, INC., TRI-STATE
MOBILE HOME PROFESSIONALS
OF LANCASTER, LLC, TRI-STATE
MOBILE HOMES OF LANCASTER,
INC., and MH 1 FINANCIAL, LLC,
Defendants
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No: 04-1882 - Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
STATEMENT OF INTENTION TO PROCEED
TO THE COURT:
Plaintiff, Commerce Bank/Harrisburg, N.A., intends to proceed in the above matter.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: ?
Jo Yaninek, quire
S . Ct. I.D. No. 741
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, NA
Date: September 29, 2008
A
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the persons
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Eric P. Wilenzik, Esquire
James J. Binns, Esquire
Elliott Greenleaf & Siedzikowski, P.C.
925 Harvest Drive
Blue Bell, PA 19422
METTE, EVANS & WOODSIDE
By:
k, s ire
Yanine
qCjo?n
t. I.D. No. . 5 41
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, N.A.
Date: September 29, 2008
502752v1
c CZ4 -:?
s ?"r
-" 1711
CD
.. ..."T A-v
QD S
David (D. Buelf
1?rot iionotary
KirkS. Sohonage, ESQ,
SoCicitor
Renee X Simpson
T` Deputy ftothonotary
Irene E. -Morrow
2"A Deputy Prothonotary
office of the Prothonotary
Cum6erfand County, cPennsykania
,0 1992 CIVILTERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25T" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 9 Suite 100 • Carfisfe, 2'A 17013 • (717 240-6195 • Ta.A- (717) 240-6573