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HomeMy WebLinkAbout09-0563A 09- 5(03 OFFICE OF THE PROTHONOTARY Of York County Pamela S. Lee Prothonotary Billie Jo Bones Deputy Prothonotary Gregory E. Gettle Solicitor ¦ BENN LAW FIRM Plaintiff Vs. BOBBI BRITTON Defendant To Whom It May Concern: 0,1yjJTerfA York County Judicial Center 45 North George Street York, Pennsylvania 17401 Telephone (717) 771-9611 Case No. 2008-SU-003044-01 I certify that judgment was entered in favor of BENN LAW FIRM and against BOBBI BRITTON on the 20TH day of JANUARY, 2009 in said case in the amount of $11,653.35. Total costs paid by plaintiff to the York County Courts equals $23.25. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 21 ST day of JANUARY, 2009. Prothonotary By Deputy YORK COUNTY PROTHONOTARY Page 1 of 1 ,Ijf 112112009 2008-SU-003044-01 BENN LAW FIRM vs. BRITTON BOBBI Action 01/20/2009 JUDGMENT BY DEFAULT ENTERED AGAINST= DEFT 04083 6 FOR FAILURE TO FILE AN ANSWER TO AMENDED COMPLAINT W/SVC 01/20/2009 NOTICE GIVEN RE: PA R. C. P. 236 MAILED TO DEFT 06908 1 ON 1/20/09 @ 10AM 01/06/2009 DEFAULT NOTICE RE: PA R C P 237.1 (DEFENSE) 04116 3 W/CERT OF SVC 12/12/2008 AMENDED COMPLAINT W/CERT OF SERVICE 04157 50 08/25/2008 DEFT'S PRELIMINARY OBJECTIONS TO COMPLAINT 04052 4 W/CERT OF SVC 08/12/2008 DEFAULT NOTICE RE: PA R C P 237.1 (DEFENSE) 04116 3 W/CERT OF SVC 07/22/2008 SHERIFF RETURN OF SERVICE CUMBERLAND CO 04087 2 SHF DEPUTIZED BY YORK CO SHF/ COMPLAINT SERVED ON BOBBI BRITTON ON 7-12-08 BY CUMBERLAND CO SHF SHF COSTS $ 59.99 06/26/2008 COMPLAINT IN A CIVIL ACTION=IN THE AMT OF 04063 9 $10206.89 Party Type Party Name P BENN LAW FIRM A LOGUE, JAMES F P BENNLAWF/RM A LOGUE, JAMES F D BRITTON BOBBI A KERR, JOHN M Total Number of Pages 78 a INNIAWRIRM ' - IN THE COURT OF COMMON PLEAS FOR YORK,COUNTY, PENNSYLVANIA BENNLAWFIRM, NO: 08-SU-3044-01 Plaintiff oc_°o s V. CIVIL ACTION - LAW -?BOBBI-BRITTON, Defendant :X `-' ro rrl ? C R PRAECIPE TO. ENTER JUDGMENT BY DEFAULT To the`Prothonotary: Please enter judgment of default in favor of Plaintiff; BennLawFirm, and against Defendant,•Bobbi ti tton, for Defendant's failure to plead to the Amended Complaint in this action within the required time. The Amended Complaint contains a notice to defend within' 20 days from the date of service thereof. Defendant was served with the Complaint on December 15, 2008, and Defendant's Answer was due to be filed on January 5, 2009. Attached as Exhibit "A" is a copy of Plaintiff s written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the Defendant at her last known address, which is at least 10 days prior to the filing of this 1Praecipe, pursuant to Pa. R.C.P. 237.1: Please assess damages in the amount of Debt: $11,348.83 Interest: $281.27 Costs: $23.25 TOTAL: $11,653.35 Respectfully Submitted, BENNLAWFI•RM ames F gue, Esquire S.Ct. ID No: 202170 i P.O: Box 5185 103, East Market Street ' York, PA 17405-5185 103-107 E. MARKET ST. (717) 852-7020 Attorney for Plaintiff P.O. BOX 5185 YORK. PA 17405-5185 I IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ULIMNLAWFIRM r 103.107 E. MARKET ST., '.0. BOX 5185 (ORK, PA 17405-5185 BENNLAWFIRM, VS. BOBBI BRITTON, Plaintiff Defendant No.2008-SU-3044-01 CIVIL ACTION - LAW NOTICE OF PRA ECIPE TO ENTER A JUDGMENT BY DEFAULT. To: Bobbi Britton -? in 65 Channel Drive Carlisle, PA 17013 ^ °r' x' DATE OF NOTICE: January 6, 2009 .y IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU IN PLAINTIFF'S AMENDED COMPLAINT. UNLESS YOU .ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service of the York County Bar Association York County Bar Center 137 E. Market Street York, Pennsylvania 17401 EXH1B (717) 854-8755 1 UORNNLAWFIRM 103-107 E. MARKET ST. '.O. BOX 5185 Respectfully submitted, BENNLAWFIRM f amen F. Lo ire Attorney I.D. 202170 103-107 East Market Street P.O. Box 5185 York, PA 17405-5185 (717) 852-7020 (ORK, PA 17405-5185 UDINNLAWFIRE IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA BENNLAWFIRM, No. 2009-SU-304441 Plaintiff vs. CIVIL ACTION -LAW BOBBI BRITTON, , Defendant CERTIFICATE OF SERVICE I, James F. Logue, Esquire, hereby certify that on the Oh day of January, 2009, I caused to be served Plaintiff's Notice of Intention to Enter Judgment by Default upon the person and in the manner indicated below, which service satisfies the 'requirements. of Pa. R.C.P. 440: SERVICE BY UNITED STATES MAIL. POSTAGE PREPAID, TO THE ADDRESS OF THE PARTY SET FORTH BELOW: -' Bobbi Britton 65 Channel Drive Carlisle, PA 17013 Respectfully submitted, BENNLAWFIRM James F. Lo q ire Attorney I.D. 202170 103-107 East Market Street P.O. Box 5185 York, PA 17405-5185 (717) 852-7020 103-107 E. MARKET ST. O. BOX 5185 YORK. PA 17405-5185 -1wo®rp 70"F INTHE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ro BENNLAWFIRM, NO: 08-SU-304401 %tINNLAWFIIIM Plaintiff O -i V. (" O CIVIL ACTION - LAW BOBBI BRITTON, r Defendant rT-, CERTIFICATE OF SERVICE x, ° 1, Janes F. Logue, Esquire, hereby certify that on the 20`h day of January, 2009, pursuant to Pa. R.C.P. 237 (Notice of praecipe for fmal judgment or decree), I caused to be served Plaintiffs. Praecipe to enter Judgment by Default upon the person and in the manner indicated below, which §ervice satisfies the requirements of Pa. R.C.P. 440: Bobbi Britton 65 Channel Drive .Carlisle,'PA 17013 Respectfully submitted, BENNLAWFIRM 103-107 E. MARKET ST P.O. BOX 5185 YORK, PA 17405-5185 James F,Zorde, Esquire Attorney I.D. #.202170 103-107 East Market Street P.O: Box 5185 York, PA '17405-5185 (717) 852-7020. ¦ 'ASINNLAWFIRM •t 103-107 E. MARKET•ST. P. O. BOX 5185 YORK, PA 17405-5185 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA C . Ca. ? a0 •7 BENNLAWFIRM, NO: 08-SU-3044-01 Plaintiff ? y N o • ?? C) o V. - ?? rr. :x C? CIVIL ACTION - LAW 7 BOBBI BRITTON, Defendant C:) ''• CERTIFICATE OF SERVICE I, James F.. Logue, Esquire, hereby certify that on the 20th day of January, 2009, pursuant to Pa. R.C.P. 237 (Notice of praccipe for final judgment or decree), I caused to be served' Plaintiff s Praecipe to enter Judgment by Default upon the person and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440: Jr 1.HE rAKI Y'J A1.11J"LY bE1 rUK1H UELUW: John M.* 'Kerr, Esq. Law Office of John M. Kerr 5020 Ritter Road, Suite 109 :Mechanicsburg, PA 17055 Respectfully submitted, BENNLAWFIRM James F. gt?e, Esquire Atto- m I.D. # 202170 103-107 East Market Street ' P.O. Box 5185 York, PA 17405-5185 (717) 852-7020 OFFICE OF THE PROTHONOTARY Of York County Pamela S. Lee York County Judicial Center Prothonotary Billie Jo Bones 45 Noah George Street Deputy Prothonotary York, Pennsylvania 17401 Gregory E. Gettle Telephone (717) 171-9611 Solicitor IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA BENN LAW FIRM VS. - No: 2008-SU-OOA044-01 BOBBI BRITTON ( X ) Notice is hereby given that a JUDGMENT in the above-captioned matter has been entered against you in the amount 11,653.35 on JAN 20, 2009. ( X ) A copy of all documents filed with the Prothonotary in support of the within judgement is/are enclosed. PROTHONOT ORK COUNTY By: Clerk or Deputy If you have any questions concerning the above case, please contact: Attorney or Filing Party JAMES LOGUE, ESO PO BOX 5185 103 E MARKET ST YORK, PA 17405 Phone # 717-852-7020 { PA Rule of Civil Procedure 236, as revised ) NOTICE SENT TO: car NAME BOBBI 8RITTON 65 CHANNEL DR CARLISLE PA 17013 z All.. s SV p" I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 151BENNLAWFINM Benn Law Firm, No. 2009-00563 Plaintiff Bobbi Britton, CIVIL ACTION - LAW Defendant PRAECIPE FOR WRIT OF EXECUTION TO: CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Execution in the above matter: 1. Directed to the Sheriff of Cumberland County, Pennsylvania; 2. Against Bobbi Britton, Defendant; , eVanne( brive,Oa.rlisle, PA I'7013 3. And index the within Writ of Execution: a. against Bobbi Britton, Defendant. 4. Amount due: $11,653.35 Interest from 1/20/09 $117.90 Costs to be added: $25.75 Ow orx Total: $11,797.00 Respectfully submitted, BENNLAWFIRM 103-107 E. MARKET ST. P.O. BOX 5185 sfies F. Logu ure Attorney I.D. #202170 P.O. Box 5185 103-107 E. Market Street York, PA 17405-5185 (717) 852-7020 Attorney for Plaintiff YORK, PA 17405-5185 ? tQd ch _ vya`;oc??C? Of ? ee ? 0 ? c C `09 SW C) ? D ?t to g '? -? t ? C_ 71 "`l 9A 9 M ?r ?f rOS? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-563 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENN LAW FIRM, Plaintiff (s) From BOBBI BRITTON, 65 Channel Drive, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property . (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 $11,653.35 L.L. $.50 Interest from 1/20/09 -- $117.90 Atty's Comm % Due Prothy $2.00 Atty Paid $78.75 Other Costs $25.75 Plaintiff Paid Date: 2/12/09 C s R. Long, Pr ar (Seal) By: Deputy REQUESTING PARTY: Name JAMES F. LOGUE, ESQUIRE Address: BENN LAW FIRM PO BOX 5185 103-107 E. MARKET STREET YORK, PA 17405-5185 Attorney for: PLAINTIFF Telephone: 717-852-7020 Supreme Court ID No. 202170 L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASENNLAWFIRM BENNLAWFIRM, Plaintiff : No. 2009-00563 V. C CIVIL ACTION -o l ,? BOBBI BRITTON _71 Defendant cp MOTION TO COMPEL DISCOVERY AND NOW, TO WIT, this 8th day of September, 2010, comes the Plaintiff, .mil .. l :_ 1 f'fl BENNLAWFIRM, and files this Motion to Compel Discovery, and in support thereof avers as follows: 1. No Judge has ruled upon any issue in this matter. 2. Plaintiff's counsel has made numerous attempts to amicably resolve these ongoing Discovery issues. 3. Counsel for Plaintiff has received no written communication from Defendant's Counsel, and has only received a voicemail from Defendant's counsel, stating that he no longer represents the Defendant. 4. On September 7, 2010, Plaintiff's counsel left a voicemail for Defendant's counsel, seeking concurrence with this Motion. 5. To date, Plaintiff has not received a response to said voicemail. 6. As such, Plaintiff's counsel has been unable to discuss Defendant's concurrence or 103-107 E. MARKET ST non-concurrence with this motion. P.O. BOX 5185 YORK PA 17405-5185 MOTION TO COMPEL PRODUCTION OF ANSWERS TO INTERROGATORIES A r_, BENNLAWFIRM 103-107 E. MARKET 5T. PO. BOX 5?85 7. On June 26, 2008, Plaintiff initiated suit against Defendant in the Court of Common Pleas of York County, caption number 2008-SU-3044-01, relative to legal services provided to Defendant. 8. On August 25, 2008, Defendant's counsel, John M. Kerr, entered his appearance in the above-captioned matter, by way of filing Preliminary Objections to Plaintiffs Complaint. 9. On December 12, 2008, Plaintiff filed its Amended Complaint, after settlement attempts with the Defendant reached an impasse. 10. On January 6, 2009, Plaintiff filed a Notice of Praecipe to Enter a Judgment by Default, based upon Defendant's failure to respond to its Amended Complaint. 11. On January 20, 2009, Plaintiff filed a Praecipe to Enter Judgment by Default, 12. On or about February 3, 2009, Plaintiff filed a Certified copy of the above- referenced Judgment to be entered with the Court of Common Pleas of Cumberland County, which matter was captioned at 2009-563. 13. On August 24, 2009, Defendant entered into a Promissory Note and Personal Guaranty with Plaintiff, agreeing to pay Plaintiff monthly installment payments relative to her outstanding debt. 14. On January 14, 2410, Plaintiffs counsel wrote to Defendant's counsel, informing him that his client had defaulted under the Promissory Note. 15. Defendant's Counsel failed to respond to Plaintiff's demand letter. YORK. PA 1 7405-5 1 85 16. On May 19, 2010, Plaintiff, BENNLAWFIRM, served its Discovery in Aid of ABENNLAWFIRM Execution, by way of written Interrogatories and Requests for Production of Documents, directed to Defendant, Bobbi Britton. 17. Pursuant to Pennsylvania Rule of Civil Procedure 4006(a)(2), Defendant's responses to Plaintiff's Interrogatories were due within thirty (30) days from the date of service. 18. Pursuant to Pennsylvania Rule of Civil Procedure 4009.12(a), Defendant s responses to Plaintiff's Requests for Production of Documents were due within thirty (30) days of service. 19. Defendant, to date, has not provided answers and/or responsive documentation to Plaintiff's Discovery requests. 20. Via letter dated June 30, 2010, counsel for Plaintiff contacted counsel for Defendant, notifying Defendant's counsel of the overdue Discovery responses and inquiring as to when Plaintiff can expect responses (Attached hereto, made a part hereof, and marked as Exhibit "A", is a copy of said correspondence). 21. Receiving no correspondence from Defendant's counsel, Plaintiff's counsel contacted Defendant's counsel once again via letter on July 30, 2010, setting forth a deadline of fifteen (15) for Defendant to respond to Plaintiff's discovery requests (Attached hereto, made a part hereof, and marked as Exhibit "B", is a copy of said correspondence). 22. Still receiving no communication from Defendant's counsel, nor any indication as 103-107 E. MARKET ST. P.O. BOX 5185 to when Plaintiff could expect Defendant's responses, Plaintiff's counsel attempted to contact Defendant's counsel via telephone on or about August 17, 2010, at which time YORK. PA 17405-5185 Plaintiff's counsel left a voicemail message, requesting that Defendant's counsel respond 1? ?BENNLAWFIRM as soon as practicable. 23. On or about August 20, 2010, Defendant's counsel finally responded to Plaintiff's counsel via voicemail, stating that he no longer represented the Defendant. 24. Defendant's counsel has not sought leave of Court to withdraw as Defendant's counsel. 25.E For the course of two (2) years, Plaintiff has attempted to work with the Defendant in regard to settling this matter. 26. Defendant has willfully failed to respond to Plaintiff's attempts to amicably resolve this matter. 27. To date, Defendant has not provided any responses, whatsoever, to Plaintiff's Discovery requests, and currently is over three (3) months late in responding to Plaintiff's Discovery requests. 'WHEREFORE, Plaintiff, BENNLAWFIRM, respectfully requests that this 103-107 E MARKET 5T. P.O. BOX 5185 Honorable Court enter an Order directing Defendant, Bobbi Britton, to provide Plaintiff, within twenty (20) days of this Order, responses to Plaintiff's Interrogatories as required by Pa. R.C.P. 4006(x)(2) and all documents responsive to Plaintiff's Request for Production of Documents pursuant to Pa. R.C.P. 4009.12(a). YORK, PA 1 7405-5 1 85 MOTION FOR SANCTIONS BENNLAWFIRM 103-107 E. MARKET ST P.O. BOX 5185 28. Paragraphs 1-27 are incorporated herein by reference as if fully set forth. 29. Pennsylvania Rule of Civil Procedure 4019(a)(1)(1) provides that the "court may, on motion, make an appropriate order if. .. a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005." 30. Pennsylvania Rule of Civil Procedure 4019(a)(1)(vii) provides that the "court may, on motion, make an appropriate order if ... a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested." 31. Pursuant to Pennsylvania Rule of Civil Procedure 4006(a)(2), Defendant shall provide answers to Plaintiff's Interrogatories within thirty (30) days of service of the interrogatories. 32: Pursuant to Pennsylvania Rule of Civil Procedure 4009.12(a), Defendant shall provide answers to Plaintiff's Requests for Production of Documents within thirty (30) days of service of the document requests. 33. Defendant has not provided any responses whatsoever, and has failed to respond to Plaintiff's attempts to amicably resolve this matter. 34.-Defendant's failure to provide Interrogatory responses is in direct violation of Rule 4006(a)(2) and, therefore, Plaintiff seeks Sanctions pursuant to Rule 4019(a)(1)(i). 35. Defendant's failure to provide responsive documents to Plaintiff's Document Requests is in direct violation of Rule 4009.12(a) and, therefore, Plaintiff seeks Sanctions pursuant to Rule 4019(a)(1)(vii). YORK. PA 17405-5185 36. To date, Plaintiff's counsel has incurred attorney's fees in the amount of four BENNLAWFIRM hundred ninety nine dollars and fifty ($499.50) cents in its attempts to obtain discovery (Attached hereto, made a part hereof, and marked as Exhibit "C", is a copy of said attorney's fees incurred to date). 37. Pursuant to Pa. R.C.P. 4019, Plaintiff hereby moves this Honorable Court to Order Defendant and/or her counsel to pay Plaintiff all reasonable expenses, including attorneys' fees incurred by Plaintiff in its attempts to obtain Discovery, and otherwise in obtaining an order of compliance and an order for sanctions. WHEREFORE, Plaintiff, BENNLAWFIRM, respectfully requests that this Honorable Court enter a Order directing Defendant Bobbi Britton and/or its counsel to pay all reasonable expenses, including attorneys' fees incurred by Plaintiff in its attempts to obtain Discovery, and otherwise in obtaining an order of compliance and an order for sanctions. Respectfully submitted, BENNLAWFIRM es F. Logue, gi?Tnye Attorney I.D. # 202170 P.O. Box 5185 103 E. Market Street York, Pennsylvania 17405-5185 (717) 852-7020 ? 103-107 E. MARKET ST. I P.O. BOX 5185 ? YORK, PA 1 7405-5 1 85 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was served upon the following persons on this day by first class U. S. mail, postage prepaid, BENNLAWFIRM and addressed as follows: John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 BENNLAWFIRM BY Date: ?0 es F. Log ire ID #202170 103 E Market Street P.O. Box 5185 York, PA 17405-5185 (717) 852-7020 103-107 E. MARKET ST. 1 P.O. BOX 5185 1 YORK, PA 1 7405-5 1 85 i SEP 0 9 Zu w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABENNLAWFIRM BENNLAWFIRM, Plaintiff : No. 2009-00563 V. CIVIL ACTION BOBBI BRITTON, Defendant ORDER TO COMPEL DISCOVERY AND NOW, THIS / Q*day of September, 2010, in. accordance with the Plaintiff, BENNLAWFIRM's Motions to Compel Discovery and for Sanctions, it is hereby ORDERED that the said Motion is GRANTED. Defendant, Bobbi Britton, must produce answers to Plaintiff's Interrogatories and responsive documents to Plaintiff's w Request for Production of Documents b CD oz;?#4k l? 2010, t ourt. ' ,I- I osts 03-107 E. MARKET ST. 0. BOX 5185 ORK, PA 17405-5185 a to time.13Are.&rLn,? r?tn?pla;n?tiff S iSCny,e^VrP1711PCfe ding BY COUR MM Judge CD ` Y t^ _:i m NOTICE TO: - •- John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 t jK 4, 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I ~6ENNLAWFIRM ~ 103-107 E. MARKET ST. ~ P.O. BOX 5185 BENNLAWFIRM, Plaintiff : No. 2009-00563 V. C"7 CIVIL ACTION ~ r..~ '° C7 ~ BOBBI BRITTON ~ `-~' a ~ x'*~ Defendant ~~ - -+ -~~ ~?' `~' °° „~ ~ --~ ~~ ~' MOTION FOR SANCTIONS ~" ^-~ , .~ ~ ~--t ~- ...~ ~ ' `AND NOW, TO WIT, this 18`h day of October, 2010, comes the Plaintiff, x, `~ BENNLAWFIRM, and files this Motion for Sanctions, and in support thereof avers as follows: 1. No Judge has been assigned to this matter. 2. On May 19, 2010, Plaintiff, BENNLAWFIRM, served its Discovery in Aid of Execution, by way of written Interrogatories and Requests for Production of Documents, directed to Defendant, Bobbi Britton. 3. Plaintiff s counsel has made numerous attempts to amicably resolve these ongoing Discovery issues with Defendant's counsel, as more specifically outlined in Plaintiff's Motion to Compel Discovery. 4. On September 8, 2010, Plaintiff s counsel filed a Motion to Compel Discovery due to Defendant's willful failure to respond to Plaintiff's Discovery requests. 5. On September 10, 2010, this Honorable Court entered an Order to Compel Discovery, stating, inter alia, that Defendant must produce responses to Plaintiff's ~ YORK, PA 17405-5185 Discovery requests by October 11, 2010 (Attached hereto, made a part hereof, and marked ~BENNLAWFIRM 103-107 E. MARKET ST. P.O. BOX 5185 as Exhibit "A", is a copy of said Order). 6. To date, Defendant has not provided any responses, whatsoever, to Plaintiff's Discovery requests, and is currently approximately five (5) months late in responding to Plaintiffs Discovery requests. 7. Pennsylvania Rule of Civil Procedure 4019(a)(1)(i) provides that the "court may, on motion, make an appropriate order if ... a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005." 8. Pennsylvania Rule of Civil Procedure 4019(a)(1)(vii) provides that the "court may, on motion, make an appropriate order if ... a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested." 9. Pursuant to Pennsylvania Rule of Civil Procedure 4006(a)(2), Defendant shall provide answers to Plaintiff's Interrogatories within thirty (30) days of service of the interrogatories. 10: Pursuant to Pennsylvania Rule of Civil Procedure 4009.12(a), Defendant shall provid'e` answers to Plaintiff's Requests for Production of Documents within thirty (30) days of service of the document requests. 11. Defendant's failure to provide Interrogatory responses is in direct violation of Rule 4006(a)(2) and, therefore, Plaintiff seeks Sanctions pursuant to Rule 4019(a)(1)(i). 12.' Defendant's failure to provide responsive documents to Plaintiff's Document Requests is in direct violation of Rule 4009.12(a) and, therefore, Plaintiff seeks Sanctions pursuant to Rule 4019(a)(1)(vii). YORK, PA 17405-5185 13. Pursuant to Pa R.C.P. 4019(c)(4), the court may make an order imposing ~BENNLAWFIRM punishment for contempt. 14. Pursuant to Pa. R.C.P. 4019(c)(5), the court may make an order imposing sanctions "as is just". 15. Defendant's counsel has not sought leave of Court to withdraw as Defendant's counsel. 16. Defendant's counsel has not contacted nor made any efforts with Plaintiff's counsel to resolve the within-referenced Discovery issues. 17. To date, Plaintiff s counsel has incurred attorney's fees in the amount of Seven Hundred Forty ($740.00) Dollars in its attempts to obtain discovery (Attached hereto, made a part hereof, and marked as Exhibit "B", is a copy of said attorney's fees incurred to date). ~` 18. Pursuant to Pa. R.C.P. 4019(4), Plaintiff hereby moves this Honorable Court to Order Defendant and/or her counsel to pay Plaintiff all reasonable expenses, including attorneys' fees incurred by Plaintiff in its attempts to obtain Discovery, and otherwise in obtaining-an order of compliance and an order for sanctions. 19: Pursuant to Pa. R.C.P. 4019(4), Plaintiff hereby moves this Honorable Court to impose a monetary sanction upon Defendant and/or her counsel. 20. Pursuant to Pa. R.C.P. 4019(5), Plaintiffhereby moves this Honorable Court to 103-107 E. MARKET ST. P.O. BOX 5185 Order any other sanctions upon Defendant and/or her counsel as is just. YORK, PA 17405-5185 WHEREFORE, Plaintiff, BENNLAWFIRM, respectfully requests that this Honorable Court enter an Order imposing Sanctions as follows: A. Imposing a monetary sanction against Defendant and/or her counsel for their ~BENNLAWFIRM willful failure to provide Discovery responses; B. Directing Defendant and/or her counsel to pay Plaintiff's reasonable counsel fees and expenses incurred in connection with attempting to obtain discovery in the amount of Seven Hundred Forty ($740.00) Dollars; and ~~C. Granting any such further relief that this Court deems necessary and just. Respectfully submitted, BENNLAWFIRM 1 103-107 E. MARKET ST. ~ P.O. BOX 5185 Date: /~ / ~ ~® By: es F. Logu squire Attorney I.D. # 202170 P.O. Box 5185 103 E. Market Street York, Pennsylvania 17405-5185 (717) 852-7020 YORK, PA 17405-5185 a ~/~;, SEP 09~uiu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~BENNLAWFIRIi1 B~NNLAWFIRM, v. BOBBI BRITTON, Defendant CIVIL ACTION ORDER TO COMPEL DISCOVERY AND NOW, THIS ~ day of September, 2010, in accordance with the .Plaintiff, BENNLAWFIRM's Motions to Compel Discovery and for Sanctions, it is hereby'ORDERED that the said Motion is GRANTED. Defendant, Bobbi Britton, must produce answers to Plaintiff s Interrogatories and responsive documents to Plaintiff's tJt. Request for Production of Documents b ~ ~~~~ ~~ , 2010, ai~}~eet ourt. osts ~se~~~#~~r fai]tL~e.+r~.+°el~:resr~n~ r~ P1a;nti~'c 1~_nve'~;.gyP-~;s,'n~l"fig BY ~ ~ COUR Judge 13-107 E. MARKET ST. ~. BOX 5185 ARK, PA 17405-5185 NOTICE TO: John 1V~. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Plaintiff : No. 2009-00563 EXHI IT BENNLA WFIRM 103 E. Market Street P.O. Box 5185 York, PA 17405-5185 Fax:717-852-8797 Ph:717-852-7020 Bobbi Britton 65 Channel Drive Carlisle, PA 17013 Attention: RE: DATE DESCRIPTION Aug-17-10 Call to Attorney Kerr Research re: Motion to Compel, Motion to Compel Aug-20-10 Review message from Attorney Kerr Aug-24-10 Call to Attorney Kerr Sep-07-10 Finalize Motion to Compel Review of Motion to Compel and for Sanctions. Oct-12-10 Review of file; Prepare Motion for Sanctions Oct-15-10 Finish Motion for Sanctions; Prepare Motion for filing Totals October 15, 2010 File #: 07-007-01 Inv #: 11274 HOURS AMOUNT LAWYER 0.10 18.50 JL 3.00 0.00 BG 0.10 18.50 JL 0.10 18.50 JL 2.00 370.00 JL 0.50 0.00 BG 1.00 185.00 JL 0.70 129.50 JL 7.50 $740.00 exH~err Total Fees & Disbursements $740.00 Previous Balance $8,323.25 Previous Payments $0.00 Interest on Previous Balance $6,809.33 Total Balance Due Now $15,872.58 SUMMARY BY TIMEKEEPER Effective This Invoice Timekeeper Rate Hours Amount James Logue $185.00 4.00 $740.00 Law Clerk $75.00 3.50 $0.00 Total 7.50 $740.00 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was ~BENNLAWFIAM served upon the following persons on this day by first class U. S. mail, postage prepaid, and addressed as follows: John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 1103-107 E. MARKET ST. P.O. BOX 5185 Date: ~~ / ~ /~ BENNLAWFIRM BY: ~_ es F. Logue, 're ID # 202170 103 E Market Street P.O. Box S 18S York, PA 17405-5185 (717) 852-7020 ~ YORK, PA 17405-5185 BENNLAWFIRM, Plaintiff V. BOBBI BRITTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009 - 0563 CIVIL TERM ORDER OF COURT AND NOW, this 26TH day of OCTOBER, 2010, a hearing on Plaintiff's Motion for Sanctions against Defendant and/or counsel is scheduled for WEDNESDAY, NOVEMBER 24, 2010, at 9:30 a.m. in Courtroom # 3. ~ James F. Logue, Esquire / ~"iu~ Kerr, Esquire Court Administrator ..~~;~_ ~~ :sld idlz~~r~ e0(~IES mdtL~cl, ~~ .~--= B e Court, Edward E. Guido, J. :~ "~~ ~, . ~~ _ --~. ? i ~ ~~ p Y .-~. ' ~ --'a C7 ..- '?'7 ~ -r' .~" C"7 __,,.. __ ... _ 1~ .~.. ~ ~ -,,, -`; ~ -< BENNLAWFIRM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2009-SU-00563 C-) c C= 0 ,n BOBBI BRITTON, GUIDO EDWARD E G -?-? i . E Defendant JUD r :z :o -c -v rn ? C) G7 C CD -n MOTION FOR CONTINUANCE OF HEARING c- AND NOW, comes John M. Kerr, Esquire, in accordance with Cumberland County fecaMu le -.e 208.3(a), and files the within Motion seeking a Continuance of the Hearing scheduled for Law Office of Yoh, M.err 5020 Ritter Road sutte 108 Me< mnkstxug. PA 17055 Rare: 717.788.4008 FAx: 717.788.4088 November 24, 2010, upon the following basis: 1. On or about October 18, 2010, Plaintiff Law Firm filed a Motion For Sanctions, docketed at No. 2009-SU-00563. 2. On October 26, 2010, the Court entered an Order, scheduling a Hearing for Wednesday, November 24, 2010 at 9:30 a.m. 3. Prior to entering said Order, Sandy Davis, Secretary to the Court, telephoned undersigned counsel to inquire as to his availability for a Hearing on the morning of November 24, 2010. Undersigned counsel informed her that he was not available, as he had two support conferences at Dauphin County Domestic Relations scheduled for 9:00 a.m. and 11:00 a.m., respectively, each of which had already been continued one time. He also informed her that he was no longer representing the Defendant, Bobbi Britton, and had not been in contact with her for at least nine months. Ms. Davis asked that undersigned counsel contact Ms. Britton and have her telephone the Court. Undersigned counsel complied with this request. 4. In the summer of 2010, counsel for the Plaintiff, James F. Logue, Esquire, left a voicemail at undersigned counsel's office, requesting to know if undersigned counsel still represented Bobbi Britton. Undersigned counsel left a voicemail at Mr. Logue's office indicating that he did Law Office of Yohn M. err 5ozo Rwa Road stare 108 Media[drsbuM, PA 17055 Friona: 717.788.4008 FAx: 717.766.4066 not. Mr. Logue received the voicemail, as he has billed Ms. Britton for listening to the message. 5. Plaintiff Law Firm has regularly communicated with Ms. Britton by sending monthly invoices to her at her residence. These invoices include the amounts Plaintiff Law Firm claims it expended to pursue this matter. 6. The scope of undersigned counsel's representation of Ms. Britton included filing Preliminary Objections in York County to their action for counsel fees and negotiating a resolution of the litigation, which included the execution of a Promissory Note and Personal Guaranty by Ms. Britton. This was in addition to representing her in an appeal of the dismissal of her Complaint before the Pennsylvania Human Relations Commission in which the Benn Law Firm had represented her. In both Ms. Britton's mind and that of undersigned counsel, the representation has concluded. 7. Nevertheless, in an effort to further assist Plaintiff Law Firm in resolving its efforts to get paid, undersigned counsel contacted Bobbi Britton; met with her; and forwarded a letter to Niles Benn, Esquire of Plaintiff Law Firm, setting forth all information regarding her assets and proposing the only possible way in which she may be able to pay them (see copy of letter, appended to this Motion as Exhibit "A"). 8. Despite the good-faith effort to resolve this matter, undersigned counsel received a letter in reply from James Logue, Esquire of the Benn Law Firm, rejecting any effort to resolve the matter on the basis suggested by undersigned counsel (see Exhibit "B," appended to this Motion, copy of said letter). 9. Since Plaintiff Law Firm is maintaining that undersigned counsel is still representing Ms. Britton and seeks sanctions, undersigned counsel requests the opportunity to defend himself at any sanctions hearing. As indicated, undersigned counsel cannot be present on the morning of November 24, 2010. Nevertheless, he could be present if the hearing was moved to the afternoon. 10. Defendant Bobbi Britton concurs in this Continuance Motion. This morning, undersigned counsel contacted Counsel for Plaintiff, but has not yet received a response. WHEREFORE, it is requested that the Hearing, scheduled for November 24, 2010, at 9:30 a.m. at Courtroom #3, be continued to a date and time when undersigned counsel may be present. Respectfully submitted, QtL tW, ?4y .14-M. Kerr, Esquire Attorney I.D. #26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: November 22, 2010 Law Offim o[ Yohn M. err Bozo Rtt[er Road State 108 Medlanksbug, PA 17055 PHoNs: 717.766.4008 FAx: 717.766.4066 VERIFICATION The undersigned, John M. Kerr, Esquire, hereby states that any factual statements contained in the foregoing Motion For Continuance of Hearing are true and correct to the best of his knowledge, information, and belief. He understands that false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. (I * Z' - John M. Kerr Law im gohn M.err 5020 FWff Road suite 109 Mechanksbuf$, PA 17055 Ftro : 717.766.4008 FAx: 717.766.4066 CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Motion For Continuance of Hearing," on the below-named individuals in the manner indicated: VIA FASCIMILE James F. Logue, Esquire BennlawFirm P.O. Box 5185 103-107 E. Market Street York, PA 17405-5185 FIRST CLASS MAIL, POSTAGE PREPAID Bobbi Britton 65 Channel Drive Carlisle, PA 17013 (?Z *, 4? J n M. Kerr, Esquire 020 Ritter Road Suite 109 Y Law Offim of ohn Merr 5020 )litter Road suite 109 Mechat11C5btR$, PA 17055 Ptiow 717.788.4008 FAx: 717.788.4086 Dated: November 22, 2010 Mechanicsburg, PA 17055 (717) 766-4008 S Law Office of ohn M . err John M. Kerr, Esquire Heather S. Clouser, Paralegal October 31, 2010 VIA REGULAR MAIL AND FASCIMILE (717) 852-8797 Niles S. Benn, Esquire Benn Law Firm 103 E. Market Street York, PA 17401-1277 Re: Bobbi Britton Dear Mr. Benn: I am writing to you with the hope that I may be of some assistance in bringing to resolution your firm's action against Bobbi Britton. As you may know, there is a sanctions hearing scheduled before Judge Guido on Wednesday, November 24, 2010, at 9:30 a.m. I previously advised Judge Guido's secretary, Sandy, that I am not available the morning of November 24 as I have support hearings scheduled for 9:00 and 11:00 a.m. at Domestic Relations in Dauphin County. Each of these conferences has already been continued once. I also told Sandy that I am no longer representing Bobbie Britton and that I considered the representation concluded when she signed the documents your firm prepared promising to pay $300.00 monthly. I left a voicemail on Mr. Logue's telephone last summer confirming that I no longer represented her. It was my assumption that you would forward your execution discovery documents directly to her, as you do your monthly invoices. I had no heard from Bobbi for at least ten months when she telephoned me last weekend. Despite the fact that I no longer represent her, I met with her yesterday to determine what she had received and whether some resolution might be brought to this matter. I learned the following. She has contacted Judge Guido's office and asked for a continuance. I further learned that she is unemployed , having lost her position with Little Angels Day Care Center around Christmas time, 2009. Apparently, the reason she lost this job was that the Social Security Administration informed her that she could not continue to receive benefits unless she worked twenty or fewer hours each week. When she informed her employer of this fact, they terminated her. In addition, she just recently lost another position at the Learning Center of Camp Hill, where she had been working part-time for $9.00/hour. This occurred on October 5, 2010. Her current economic situation is bleak. She receives $593.90 each month for disability; however, this is reduced by the sum of $104.10 each month as a result of a federal tax liability. Apparently, her ex-husband failed to pay some tax liabilities resulting from a joint return which she had signed. She is moving December 1, 2010 to live with her sister in Shippensburg. Her only household 5020 Ritter Road, Suite 109 • Mechanicsburg, PA 17055 PHONE: 717.766.4008 • FAx: 717.766.4066 • EMAIL: KerrLaw@comcast.net • www.johnkerrlaw.com Niles S. Benn, Esquire October 31, 2010 Page 2 possessions are a bed, dresser/mirror, night stand and rocking chair. She is supposed to receive 45% off the top from the monies her ex-husband makes from his employment as a truck driver for a temp agency in Virginia. Nevertheless, she has indicated that any monies she receives are very spotty. Notwithstanding the above, there is one possible way this matter may be resolved. She received via her divorce action a farm with certain improvements located at 6736 level Run Road in Long Island, Virginia. Until recently, for personal reasons she has not wanted to liquidate this property. There is a tax lien by the federal government on the property in the approximate amount of $10,000. In addition, she owes $3,000 in delinquent property taxes. Although with the economy it once appeared it would be difficult to sell a property, a realtor in the past month advised her that it would have a worth in the neighborhood of $100,000. My suggestion is as follows. First, the Hearing for November 24, 2010 should be continued. I have just provided you with all the information you could possibly have received via discovery. Second, she should agree to sell the property. Once the tax liens are satisfied, there will be sufficient funds to retire your firm's billings with money left over for her. It would seem to be a win for everyone. Even though my representation has concluded, I would be willing to coordinate with her with any documents or representations to give your firm comfort that you will be paid. Please let me know your reaction to this proposal. Respectfully yours, 4 k o gw ohn M. Kerr cc: Bobbi Britton IBENNLAWFIRM ATTORNEYS AT LAW November 2, 2010 VIA FASCIMILE (717) 766-4066 and FIRST CLASS MAIL John M. Kerr, Esq. Law Office of John M. Kerr 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Re: BennLawFirm v. Bobbi Britton Civil Action: 2009-00563 Dear Mr. Kerr: This serves as a response to your letter- dated October 31, 2010, relative to our impending Sanctions Hearing and outstanding discovery issues. -First, all of our pleadings in this matter have been, and will continue to be, addressed to you, as you continue to be Ms. Britton's counsel of record. Pursuant NILES S, BENN to Pennsylvania Rule of Civil Procedure 1012(b)(1): "Except as provided in paragraph (2), an attorney may not withdraw his or her appearance without leave TERENCE J BARNA of court." On August 25, 2008, you entered your appearance in the above- captioned matter, by way of filing Preliminary Objections to our Complaint. At no JOHN J. NOONE, JR point have you sought leave of Court to withdraw as counsel, therefore, your voicemail that was left for me last summer is of no consequence. You are still JAMES F. LOGUE listed as counsel of record for Ms. Britton, and we will continue to address you as such until leave is sought. GREGORY E, MONSKIE Second, we appreciate the information you have provided to us relative to Ms. Britton's assets, however, it is being provided to us at the final hour, after we OFFICE ADDRESS have taken great efforts at working with Ms. Britton. As you accurately point out in 103-107 E MARKET ST, your letter, Ms. Britton signed a Promissory Note in August of 2009, promising that she Would pay monthly installments to this office. Ms. Britton paid two (2) YORK, PA 17401 installments and thereafter defaulted on her agreement. Therefore, we had no alternative but to attempt to collect on the debt. Hence our preparation of the MAILING ADDRESS: Discovery in aid of Execution. As stated in our Motion to Compel, both your office P O. BOX 5135 and Ms. Britton simply ignored the fact that we served such Discovery. Had we YORK, PA 17405-5185 received the responses that you have just provided in your October 31 correspondence, we likely would not be in this current predicament. 717 852 7020 FAX 717.852.8797 www,bennlawflrm.com John M. Kerr, Esq. November 2, 2010 Page 2 Our dealings with your office and with Ms. Britton over the past year and a half have been frustrating to say the least. We find it curious that Ms. Britton has continued to allow debt, taxes and outstanding obligations to accumulate while she had an interest in the farm that you mention. We are also quite curious as to what Ms. Britton's justification was for her continuance request, being that she is unemployed. Unless Ms. Britton can make a swift transaction with regard to her interest in the farm, we have no intention of withdrawing our Motion for Sanctions in this matter. That being said, we do not concur to any request for a continuance relative to the Sanctions Hearing scheduled in this matter, as we have put forth valuable time and effort in attempting to collect on Ms. Britton's debt due and owing to this office. Again, we disagree with your statement in your letter that your representation of Ms. Britton "has concluded", and I am quite confident that Judge Guido will agree with our position that you have not properly withdrawn yourself as counsel in this matter. To date, we have received no word from the Court that the November 24, 2010 Hearing has been continued, and we are prepared to share with the Court our efforts in attempting to work with Ms. Britton, to no avail. It is not our intention to waste the Court's time with the upcoming Hearing, however, I am quite certain that the Court will agree that we have exhausted all available avenues to amicably resolving this matter with Ms. Britton. Our position is that sanctions are the only appropriate remedy at this juncture due to Ms. Britton's continued willful refusal to respond to our collection attempts, as well as her willful failure to comply with the Court's September 10, 2010 Order to Compel Discovery. Please advise if and when the sale of the farm has taken place, and direct all further correspondence to the undersigned. Very truly yours, 5?- James F. Logue, Esq. JFL/ww Nov 2 3 ZULU BENNLAWFIRM, Plaintiff V. BOBBI BRITTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-SU-00563 : JUDGE EDWARD E. GUIDO ORDER AND NOW, this2l day of November, 2010, upon consideration of the Motion For Continuance of Hearing, it is hereby ORDERED and DECREED that the Hearing on the Motion For Sanctions, scheduled for November 24, 2010, at 9:30 a.m. at Courtroom #3, is continued until the 2-A day of 201j, atm. i room Cumberland County Courthouse. 1. Distribution: ?James F. Logue, Esq., Benn Law Firm, 103-107 E. Market Street, York, PA 1 401 Bobbi Britton, 65 Channel Drive, Carlisle, PA 17013 ? John M. Kerr, Esquire, 5020 Ritter Road, Suite 109, Mechanicsburg, PA 1705 Cop; tk&, I ted ?tf?3?iv -9 0 x-n Nr 3? ? w o0 x -+v zo ©cn = CA) Zn BENN LAW FIRM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2009-00563 BOBBI BRITTON, CIVIL ACTION - LAW Defendant ORDER OF COURT AND NOW, this 7th day of January, 2011, after hearing, the Defendant is directed forthwith to provide copies of her unfiled 2009 income tax return as well as copies of the filed tax returns for 2007 and 2008. She is further directed to sign any requested authorizations to allow Plaintiff to obtain copies of her bank statements. DENIED. In all other respects, the Motion For Sanctions are /James F. Logue, Esquire For the Plaintiff ?Bobbi Britton 65 Channel Drive Carlisle, PA 17013 /John M. Kerr, Esquire By the urt, Edward E. Guido, J. _ -4 as ?, M M. ?'rt -r: n? 2 (.?J?" III I k C1 y, :mlc