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HomeMy WebLinkAbout10-2410DRIVEKORE, INC. 101 Wesley Drive Mechanicsburg, PA 17055 Plaintiff V. INSITE DEVELOPMENT, INC. 1943 Monterey Drive Mechanicsburg, PA 17050 Defendant and COMFORT SUITES 2055 Technology Parkway Mechanicsburg, PA 17050 Defendant and DONALD ERWIN 1943 Montery Drive Mechanicsburg, PA 17050 Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C1Vil ?t°.r'1M NO. 10 - a41 D PRAECIPE PJ C> r.. - 1i C,. Please enter Judgment in the amount of $4,476.00, plus costs, against Insite Development, Inc., Comfort Suites and Donald Erwin as per the attached Notice of Judgment/Transcript of Civil Case. By: 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-0454 Attorney for Plaintiff Date: 4a'1.a5 PQ AT f ae 5 889 P-* ayo-123 1Jcrkea. ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774 - 5989 17070 CHARLES A. CLEMENT, JR 400 BRIDGE ST OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT ?TUDGMENT PLTF © Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ 4,476.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Tim( This case dismissed without prejudice. F1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 4,326.50 Judgment Costs $ 149.50 Interest on Judgment $ .00 Attorney Fees $ Total $ 4,476.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. * As amended and corrected via the original filing of this Civil Complaint which named the Defendants as: Insite Development, Inc. D/B/A Comfort Suites & Donald Erwin DEC ? i 2009 Date I certify that this is a true and correct co y of t r orrdd?of 4/7/10 Date l Q-IL(L?. My commission expires first Monday of January, 2014 AOPC 315-07 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FDRIVEKORE INC 101 WESLEY DRIVE MECHANICSBURG, PA 17055 L VS. DEFENDANT: NAME and ADDRESS FINSITE DEVELOPMENT INC 2055 TECHNOLOGY PRK COMFORT SUITES/D ERWIN LMECHANICSBURG, PA 17050 Docket No.: CV-0000579-09 Date Filed: 12/02/09 1 ? ?4 DATE PRINTED: (Date of Judgment) DRIVEKORE INC, 1/31/09 DONALD ERWIN AND INSITE DEVELOPMENT INC/ D.B.A. COMFORT SUITES 12/31/09 CMagisterial District Judge ings containing the judgment. Magisterial District Judge SEAL 9:51:00 AM WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2410 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DRIVEKORE, INC. Plaintiff (s) From DONALD ERWIN, 1943 Montery Drive, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ANY AND ALL 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: METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 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 $4,476.00 Interest $843.67 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 2/23/11 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name CHARLES RECTOR, ESQUIRE Address: LAW OFFICES OF CHARLES RECTOR, ESQUIRE PC 1104 FERNWOOD AVENUE, SUITE 203 CAMP HILL, PA 17011-6912 Attorney for: PLAINTIFF Telephone: 717-761-0454 Supreme Court ID No. 39121 DRIVEKORE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. INSITE DEVELOPMENT, INC, Defendant NO. 10-2410 Civil Term and COMFORT SUITES Defendant and DONALD ERWIN Defendant and METRO BANK b5 Ashlo*A 44'iarnishee CatliSk, PO 1-7013 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Z? ... cs? ern G fir N ? o CO o G Issue writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Donald Erwin, Defendant, of 1943 Montery Drive, Mechanicsburg, PA 7050; and (3) against Metro Bank, Garnishee; (4) and index this writ 912' • 5° PC13F a?.as a. so 5 . aS at (a) against Donald Erwin, Defendant (b) against Metro Bank, Garnishee, as a lis pendens against real property of the Defendant in name of Garnishee as follows: any and all accounts of Defendant. Donald Erwin. 2• a a zu? Ce. •. SoL? at W60,84 o*d-cSs`Z 1 n?v, '-4 Cr Tssu-ed (5) Amount of Judgment $ 4,476.00 Interest $ 843.67 Attorney Fees $ a Total $ (plus filing and service costs) S 11.6'7 Please leXV any and all prope'rtyof Defendant, Donald Erwin. BY: C _ & rles Rector, sq 're (ID# 39121) 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-0454 Attorney for Plaintiff Date: S r' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson + tq.. i?r i Sheriff ????,i? Jody S Smith Chief Deputy ' a ti I I It P -- I P I; Richard W Stewart Solicitor P FE Drivekore Inc. Case Number vs. Donald H. Erwin 2010-2410 SHERIFF'S RETURN OF SERVICE 02/25/2011 02:21 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2011 at 1421 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Donald H. Erwin, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Ellen Ballew, Senior Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. SO ANSWERS, February 28, 2011 RON R ANDERSON, SHERIFF Valerie Weary, Deputy iC GOuntySuite Sherrff. Teesgft, Inc. RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 RICHARD W. STEWART Solicitor April 4, 2011 rnw ? XM r = -am DriveKore Inc. -< > cis L Vs -v ©-n Donald H. Erwin Writ No. 2010-2410 N .V Property Claim Determ ination s ' . -c To Whom It May Concern: Reference is made to Property Claim dated March 25, 2011, entered by Patricia A. Provenzano, Writ of Execution No. 2011-2410 Civil Term, DriveKore Inc., vs Donald H. Erwin. Ronny R. Anderson, Sheriff, has determined that the claimant, Patricia A. Provenzano, in the above mentioned property claim, is the owner of the property set forth in the claim. cc Charles Rector, Atty for Plaintiff Donald Erwin, Defendant Patricia A. Provenzano, Claimant of ?unt?Prt? d So Answers: f- NOTICE OF PROPERTY CLAIM Drivekore Inc. In the Court of Common Pleas VS Cumberland County, Pennsylvania Donald H. Erwin No. 2010-2410 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Patricia A. Provenzano, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 03-25-10 riff of Cumberland County Cc Charles Rector, Atty for Plaintiff Donald Erwin, Defendant Patricia Provenzano, Claimant ,. PROPERTY CLAIM TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY IAV? o x G,;C?? VALUE i - ? G G4 c ,? 4#0? t. m f 'j ,7.4r 549 dQ1A gal* 21%7) THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: f? W'x /? Date /1TA1?1? ? Z 3T ?p/J Claiman ?', ? State. of Pennsylvania. ? .p9 County of Cumberland OP'W being duly sworn according to law, deposes andWs i a'"V above list in the property claim are correct and true. ?/ v Sworn and subscribed to before me T?n day of M&T a.? l t C ? COMMONWEALTH OF PENNSYLVANIA N Pub tc Notarial Seal J"le M. Gahm, Notary Public Lower Allen Twp., Cumberland County Commission E!Vres Jan. 18, 2012 Member, PennsyW" Association of Notaries E0 :z ci S Z bl?l 1loz w- Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Drivekore Inc. vs. Donald H. Erwin OILED-OFICE. I THE PROTHONOTAR ' 2011 APR 15 Ply 1: 09 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2010-2410 SHERIFF'S RETURN OF SERVICE 02/25/2011 02:21 PM Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2011 at 1421 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of, the within named defendant, to wit: Donald H. Erwin, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, byl handing to Mary Ellen Ballew, Senior Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 03/04/2011 03:50 PMI- Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 4, 2011 at 1$17 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Donald K Erwin, by making known unto Donald H. Erwin, at 1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-07-11. 03/25/2011 On Friday, March 25, 2011 at 1403 hours, a property claim was filed by Patricia A. Provenzano. All parties notified by mail this date. 04/04/2011 Reference is made to Property Claim dated March 25, 2011, entered by Patricia A. provenzano, Writ of Execution No. 2010-2410 Civil Term, DriveKore Inc. vs Donald H. Erwin. Ronny R. Anderson, Sheriff, has determined that the claimant, Patricia A. Provenzano, in the above mentioned property claim, is the owner of the property set forth in the claim. SHERIFF COST: $162.93 April 15, 2011 SO ANSWERS, RON W R ANDERSON, SHERIFF B Sharon R. Lantz a -00 Per - &. s 'v u- Pd aw vibe-v 1541- aspd.5;?6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Lto ; .7t Lmm?tFr? ?? 77 !c CountgSuite nen!t I e eosott. Inst. DRIVEKORE, INC., Plaintiff V. INSITE DEVELOPMENT, INC. Defendant and COMFORT SUITES Defendant and DONALD ERWIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2410 Civil Term c m x r rn r- -ra cnr- .-<T} oo rn :a ca f_,F- --ara C) PQ MOTION TO COMPEL DISCOVERY AND MOTION FOR SANCTIONS NOW COMES the Plaintiff, by and though its attorneys, Christina A. Israel, Esquire, and Charles Rector, Esquire, who moves the Court to compel Defendant, Donald Erwin, individually, respond to Plaintiff's Interrogatories and Request for Production of Documents, and enter an order sanctioning the Defendant, Donald Erwin, individually, for failing to respond to Plaintiff's Discovery requests pursuant to Pa. R. Civ. P. No. 4019. As the basis for this motion, the Plaintiff states: 1. A Subpoena to Produce Documents Or Things For In Aid of Execution was executed by the Cumberland County Prothonotary on April 19, 2011, attached hereto as Exhibit "A." 2. On April 25, 2011, Plaintiffs counsel served by certified mail Plaintiff's Interrogatories In Aid of Execution Directed to Defendant, Donald Erwin pursuant to Pa. R. Civ. P. No. 4005, and a Request for Production of Documents In Aid of Execution, pursuant to Pa. R. Civ. P. No. 4009.11, upon the Defendant. See Exhibits "B" and "C." 3. Defendant refused the certified mail and Plaintiff re-sent the Discovery requests on May 16, 2011, which was delivered on May 17, 2011. See Exhibit "D." 4. Pa. R. Civ. P. No. 4006 and 4009.12 require Defendant respond to each Discovery request within thirty (30) days after service. 5. Defendant has failed to respond to Plaintiffs Discovery requests. 6. Pa. R. Civ. P. No. 4019 provides that a trial court may impose a sanction for failure of a party to participate in the discovery process: 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; (vii) 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; (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. (c) The court, when acting under subdivision (a) of this rule, may make 2 (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just. Pa. R. Civ. P. No. 4019. (Emphasis added.) 7. A trial court may impose sanctions for a discovery violation without first issuing an order compelling compliance. See Weist v. Atlantic Richfield Co., 374 Pa. Super. 543 A.2d 142 (1988). 8. In deciding upon an appropriate sanction, the trial court must consider several factors: (1) the nature and severity of the discovery violation, (2) the defaulting party's willfulness or bad faith, (3) prejudice to the opposing party, (4) ability to cure the prejudice, and (5) the importance of the precluded evidence in light of the failure to comply. E.g. Philadelphia Contributionship Insurance Co. v Shapiro, 798 A.2d 781 (Pa. 3 Super. 2002); Croydon Plastics Co., Inc. v. Lower Bucks Cooling & Heating, 698 A.2d 625, 629 (Pa. Super. 1997). 9. Counsel fees incurred by a party attempting to engage in discovery may be reasonably rewarded by the trial court under Pa. R. Civ. P. No. 4019. E.g. McGovern v. Hosp. Serv. Assn of Northeastern Pa., 785 A.2d 1012, 1019 (Pa. Super. 2001). 10. An award of counsel fees is appropriate when a Defendant fails to respond to Interrogatories and Requests for Production of Documents. E.g., Rohm & Haas Co. v. Lin, 992 A.2d 132 (Pa. Super. 2010). 11. In the present case, the Plaintiff incurred reasonable counsel fees in the preparation of the Subpoena, Interrogatories, and Request for Production of Documents, and in the research, drafting and filing of this Motion. See attached Invoice marked as Exhibit "E". 12. Because Defendant, Donald Erwin, is not currently represented by counsel, concurrence with the motion pursuant to Cumberland County Local Rules was not sought. 13. A Judge has not previously ruled upon any other issue in the same or related matter. 14. For the foregoing reasons, the Plaintiff respectfully requests that this Honorable Court enter an order compelling Defendant, Donald Erwin, to respond to Plaintiff's Interrogatories and Request for Production of Documents, and granting an appropriate sanction against the Defendant for his willful violation of the discovery rules. 4 WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an Order compelling Defendant, Donald Erwin, respond to Plaintiff's Discovery requests within thirty (30) days, and sanctioning the Defendant for his continual failure to respond by awarding Plaintiff counsel fees in the amount of $950.00. By: Respectfully submitted, i tina A. I ael, Esqu re (PA 206894) Marles Rector, Nquire (PA 39121) Law Office of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue, Suite 203 Camp Hill, Pennsylvania 17011 (717) 761-8101 Attorneys for Plaintiff 5 DRIVEKORE, INC., Plaintiff V. INSITE DEVELOPMENT, INC. Defendant and COMFORT SUITES Defendant and DONALD ERWIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2410 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the fnregoin Motion to Compel Discovery and Motion for Sanctions was served on the other party by first class mail. Donald Erwin 1943 Montery Drive Mechanicsburg, PA 17050 submitted, 1.)ate: -7" j Cl?ts Cces KK litadr,, Esquire (4206894) Law of Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 Attorney for Petitioner/Plaintiff DRIVEKORE, INC. : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. INSITE DEVELOPMENT, INC, Defendant and COMFORT SUITES Defendant and DONALD ERWIN Defendant : NO. 10-2410 Civil Term SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR IN AID OF EXECUTION To: Donald Erwin t 943 Montery Drive Mechanicsburg, PA 17050 Within thirty (30) days after service of this Subpoena, you are ordered by the Court to produce the documents or things requested on the attached Request for Production of Documents in Aid of Execution, at the Law Offices of Charles Rector, Esquire, P.C., 1104 Fernwood Avenue, Ste, 203, Camp Hill, PA 17011-6912. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within thirty (30) days after its service, the party serving this Subpoena may seek a court order compelling you to comply with it. EXHIBIT This Subpoena was issued at the request of the following person: Charles Rector, Esquire -- ID No. 39121 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Date: LL i licpuLy DRIVEKORE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. INSITE DEVELOPMENT, INC, Defendant and : NO. 10-2410 Civil Term COMFORT SUITES Defendant and DONALD ERWIN : Defendant PLAINTIFF'S INTERROGATORIES IN AID OF EXECUTION DIRECTED TO DEFENDANT To: Donald Erwin 1943 Montery Drive Mechanicsburg, PA 17050 Instructions A. You are required to file answers under oath to the following Interrogatories within 30 days after service upon you, pursuant to Rule 3117 of the Pennsylvania Rules of Civil Procedure. B. As used herein, the words "you" and "your' refer to Defendant and Defendant's agents, representatives, attorneys and all other persons acting or purporting to act on behalf of Defendant. C. As used herein, "identify" or "identity," when used in reference to an individual person or entity, means to state his or its name and address. A EXHIBIT 3 D. If a precise value, amount or date cannot be supplied in response to an Interrogatory, an approximate value, amount or date should be provided. E. Defendant's obligation to provide complete answers to these Interrogatories exists only for those assets/entities not currently part of any pending bankruptcy action. By: ' Char es Rector, squire 1104 Fernwood Avenue, Ste.203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: iS o Interrogatories Do you own any interest in real estate? If so, as to each such interest, state: (a) the location of the real estate; (b) the nature of your interest in the real estate; (c) the date you acquired such interest; (d) the amount which you paid to acquire such interest; and (e) whether there are any mortgages on such real estate. If there are any such mortgages, as to each mortgage, state: (i) the identify of the mortgage; (ii) the amount of the original mortgage obligation; and (iii) the outstanding obligation of that mortgage. 2. Have you conveyed any interest in any real estate to anyone within the last twelve (12) month? If so, as to each such conveyance, state: (a) the description of the real estate; (b) the interest which you conveyed; (c) the identify of the person to whom you conveyed that interest; and (d) the consideration which you received. 3. Do you hold as mortgagee a mortgage on any real estate? If so, as to each such mortgage state: (a) the description of the real estate; (b) the date on which you acquired the mortgage; (c) the original principal amount of the mortgage; (d) the outstanding balance due on the mortgage; and (e) the identify of the mortgagor. 4. Do you own any automobiles, trucks, vessels, aircraft, or other vehicles? If so, as to each such vehicle state: (a) the make, model and year of the vehicle; (b) the identify of the registered owner(s) of the vehicle; (c) the governmental agency registering the vehicle and the registration number; and (d) the location of the vehicle 5. Is anyone indebted to you in an amount in excess of $100.00? If so, for each such indebtedness state: (a) the identify of the individual or entity which is indebted to you; (b) the amount of such indebtedness; and (c) the date on which such indebtedness is due. 6. Do you have or own any savings, money market or checking accounts or certificates of deposit? If so, as to each such account or certificate of deposit state: (a) the identify of the depository institution for the account or certificate of deposit; (b) the title and registered owner or holder of the account or certificate of deposit; (c) the account number; (d) a full and complete description of the nature of the account or certificate of deposit; and (e) the current balance of the account or certificate of deposit. 7. Do you have or use a safe deposit box or other similar storage facility? If so, as to each such facility state: (a) the identify of the institution in which you rent, lease or use such facility; (b) the box or other identifying number for such facility; (c) the name under which such facility is rented, leased or used; and (d) the contents of such facility. 8. Do you own or have any interest in any stocks, bonds, mutual funds, money market funds, or other securities or negotiable instruments? If so, as to each such interest state: (a) a full description of the stock, bond, security or negotiable instrument; (b) the par or face value of such stock, bond, security or negotiable instrument; (c) the registered and beneficial holders of the stock certificate, bond, security or negotiable instrument; (d) the dates on which interest or dividends are payable; (e) the maturity date of any bond; (f) the identify of the custodian of any and all documents evidencing the interest; and (g) the location of any and all such documents. 9. Do you own any jewelry, furniture, office equipment, precious metals or stones, television sets, radios, record players, antiques or collectibles, electrical appliances, power or hand tools, photographic equipment, work of arts, furs, musical instruments, rare books or maps, collections of coins or stamps, silver or china, or any other personalty with an individual or collective value exceeding $250.00? If so, as to each such item state: (a) a full and complete description of such item and its present condition; (b) the location of such item; (c) whether or not such item is subject to any security interest. (d) the identify of the holder of any such security interest. 10. Are you a beneficiary of any trust fund? If so, as to each such trust fund state: (a) the nature of the trust; (b) the nature of your interest therein; and (c) the identity of each trustee. 11. Do you own any patents, inventions, trade names, trade secrets, trademarks, service marks or copyrights? If so, as to each such item state: (a) a full and complete description of such item; and (b) the number of any other identifying feature of such item. 12. Do you own any warehouse receipts, bills of lading or other documents of title? If so, as to each such item state: (a) the identify of such item; (b) the location of such item; (c) whether or not such item is subject to any security interest; and (d) the identify of the holder of any such security interest. 13. Are you the plaintiff in any lawsuit which is pending or in which a verdict of judgment has not been satisfied in whole or in part? If so, state all details thereof, including court and docket number. 14. Have you applied for a loan or mortgage within the last three years? If so, as to each such loan or mortgage application state: (a) where you applied for such loan; (b) whether or not you were granted such loan; (c) the amount granted for such loan; and (d) what you did with the proceeds of such loan, if any. 15. In the last three years, have you acted as co-maker, guarantor or endorser of any loan? If so, provide full details as to each such loan and your relationship thereto, including the amount of the loan. 16. Have you issued or furnished any financial statements within the last three years? If so, as to each financial statement state: (a) the identity of such financial statement; and (b) to whom such financial statement was issued. 17. Are you a party to a contract of any kind? If so, as to each such contract state: (a) the identify of such contract; (b) the nature of such contract; and (c) the identify of the person or entity with whom you entered into the contract. 18. Does any government body owe you any money? If so, provide full and complete details thereof. 19. Have you made any claim under any policy of insurance within the last three years? If so, as to each such claim state: (a) the name of the insurer; (b) the policy number; (c) the facts giving rise to such claim; and (d) whether or not such claim has been paid. 20. Do you own or have any interest in any partnerships or limited partnerships? If so, as to each such interest state: (a) a full and complete description of the partnership or limited partnership, including but not limited to its name, purpose, assets, registered address, and the identity of each of its general partners; (b) the identify of the agreement or agreements governing the affairs of the partnership; (c) the nature and extent of the interest; (d) the value of the interest; if any; and (e) the name under which the interest is owned or otherwise held by you. 21. Do you own or have any interest in any business, corporation, partnership or joint venture other than those identified in response to the foregoing interrogatories? If so, as to each, state: (a) the identify of the business, corporation, partnership or joint venture; and (b) a full and complete description of your interest in same. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Donald Erwin DRIVEKORE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. INSITE DEVELOPMENT, INC, Defendant and COMFORT SUITES Defendant and DONALD ERWIN Defendant NO. 10-2410 Civil Term REQUEST FOR PRODUCTION OF DOCUMENTS INAID OF EXECUTION To: Donald Erwin 1943 Montery Drive Mechanicsburg, PA 17050 The following documents and items referenced below are to be produced for inspection, testing and copying in the offices of counsel for Plaintiff listed below at 9:30 a.m., thirty days from the date of this request. You must produce those items possessed or controlled by you or anyone acting or having acted on your behalf including, but not limited to attorneys, accountants, agents, servants, workmen, employees, and other natural persons, businesses or organizations. Alternatively you may respond by attaching marked copies of the documents thereto, executing the verification and transmitting the same to the undersigned. These requests for production are continuing. Any items, secured subsequent to the production of those requested which would have been includable in the initial response should be produced immediately after the same are brought to your attention or come within your possession or control as previously defined. The term document as used herein is synonymous with the term record and means any writing, report, memorandum, correspondence, tape or magnetic recording, c° LN-11L ? i EXHIBIT c • program or data, visual or audio reproduction, sketch, drawing or photograph, or other manual, stenographic, mechanical or other form of record. Production should be made whether your interest in the document identified and account or obligation evidenced thereby is sole or joint. Defendant's obligation to provide complete answers to these Requests for Production of Documents exists only for those assets/entities not currently part of any pending bankruptcy action. Each request and portion of each request is deemed severable and if objection is made to all or part of a request, the remainder should be produced. If you object solely to the copying or testing of a document or thing, it should be produced for inspection. Complete personal tax returns for the tax years 2008 through 2010 inclusive. Financial statements completed by you since 2008. Your personal checking, savings, and other bank account records for the last year, including, but not limited to, canceled checks, statements and deposit tickets. 4. Writings evidencing your claims against, and accounts receivable, from others. 5. Loan applications submitted by you within the past year. BY: Char es Rector, squire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Date: ? ?-1it USPS - Track & Confirm r yINITEDSTATES POSTAL SIERVtCE=; Home I Help I Sign In Track & Confirm FAQs Track Confirm Search Results Label/Receipt Number: 9405 5036 9930 0102 3873 43 Class: Priority Maile Service(s): Delivery Confirmation" Status: Delivered Your item was delivered at 1:44 pm on May 17, 2011 in MECHANICSBURG, PA 17050. Enter Label/Receipt Number. Detailed Results: • Delivered, May 17,2011,11:44 pm, MECHANICSBURG, PA 17050 • Out for Delivery, May 17, 2011, 9:50 am, MECHANICSBURG, PA 17055 • Sorting Complete, May 17, 2011, 9:40 am, MECHANICSBURG, PA 17055 • Arrival at Post Office, May 17, 2011, 5:37 am, MECHANICSBURG, PA 17055 • Processed through Sort Facility, May 16, 2011, 9:11 pm, HARRISBURG, PA 17107 • Electronic Shipping Info Received, May 16, 2011 Go,, Site..Map Customer $ervice, Forms. Gov't_Services Careers Privacy Policy Terms of._Use Business Customer Gateway Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Instructions 1'. Each Click-N-Ship-label is unique. Labels are to be used as printed and used only dice. DO NOT PHOTO COPY 'OR ALTER L ABEL 2. Place your label so. it.does not wrap around the edge of the package. 3. Adhere your label to the package. A self-adhesive label is recommended. If tape or glue is used, DO NOT TAPE OVER BARCODE. Be sure all edges are secure. 4. To mail your package with PC Postage, you may schedule a Carrier Pickup online, hand to your letter carrier, take to a Post Officer"', or drop in a USPS collection box. 5. Mail your package on the "Ship Date" you selected when creating this label. unline Lam Kecorcr (Label 1 of 1 ) Delivery Confirmation Tkl'Number: 9405 5036-9930 0102 3873 43 Paid Online ` Transaction #: 198342607 Priority Mail® Postage: $4.75 Print Date: 05/16/2011 Total: $4.75 Ship Date: 05/16/2011 Weight: 0 lb 2 oz From: CHARLES RECTOR, ESQUIRE LAW OFFICES OF CHARLES RECTOR 1104 FERNWOOD AVE STE 203 - CAMP HILL PA 17011-6902 To: DONALD ERWIN 1943 MONTEREY DR MECHANICSBURG PA 17050-8510 label. Delivery information is not available by phone for the a for unused postage paid labels can be requested online 10 day http://trkcnfrmi .snu.usps.com/PTSIntemetWeb/InterLabellnquiry.do Commercial Base Pricing Priority Mail rates apply. There is no rzz Confirmation service an Priority Mail service with use of this at 1 of 1 6/20/20112:37 PIv Law Offices of Charles Rector, Esquire, AC. A , i 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 Phone (717) 761-8101 Fax (717) 761-2161 TO: DriveKore, Inc. P.O. Box 20045 Mechanicsburg, PA 17055 Invoice DATE: JULY 14, 2011 Re: DriveKore, Inc. v. Insite Development, Inc., Comfort Suites & Donald Erwin No. 10-2410 Civil Term Date DESCRIPTION AMOUNT 7/14/11 File Motion to Compel Discovery & Motion for Sanctions $950.00 PLEASE REMIT $ 950.00 Make all checks payable to Law Offices of Charles Rector, Esquire, P.C. Payment is due within 30 days. Overdue accounts subject to a service charge of 1.5% per month. We accept Visa & Mastercard. Thank you for your business! EXHIBIT E 1)RIVEKORE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. INSITE DEVELOPMENT, INC. 5 Defendant NO. 10-2410 Civil Term and ' n = r1 =,? COMFORT SUITES - <<?-- Defendant Q u , and 1)ONALD ERWIN Defendant ORDER AND NOW this C day of , 2011, upon consideration of Plaintiff's Motion to Compel Discovery and Motion f Sanctions, IT IS HEREBY ORDERED THAT: (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (?) tlic respondent shall file an answer to the petition within days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within days of this date; alt 3: do P, M• (?) ar?,urnent shall be held on , 2011 in Courtroom # ? of the Cumberland County Courthouse; a Ad (6) notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT: ?Ch;udes Rector, Esquire, Christina A. Israel, Esquire, 1104 Fernwood Avenue, Ste. 103, Camp Hill, PA 17011 ?oP,? e Donald Erwin, 1943 Montery Drive, Mechanicsburg, PA 17050 orb DRIVEKORE, INC., Plaintiff V. INSITE DEVELOPMENT, INC. Defendant and COMFORT SUITES Defendant a anu DONALD ERWIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2410 Civil Term c 3 M ., rn x rn -v r= ?C) --a o =-n a C:)--n N _irn N CO r - PRAECIPE TO WITHDRAW PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND MOTION FOR SANCTIONS Plaintiff s Motion to Compel Discovery and Motion for Sanctions is currently scheduled for a hearing on Monday, September 12, 2011 at 3:00 P.M. in Courtroom #5. Plaintiff respectfully requests that its Motion be withdrawn and the scheduled hearing canceled. Respectfully submitted, By: Christina A. Israel, squire (PA 206894) Law Office of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue, Suite 203 Camp Hill, Pennsylvania 17011 (717) 761-8101 Date: ?? Attorney for Plaintiff DRIVEKORE, INC., Plaintiff V. INSITE DEVELOPMENT, INC. Defendant and COMFORT SUITES Defendant and DONALD ERWIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2410 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing Praecipe to Withdraw Plaintiff's Motion to Compel Discovery and Motion for Sanctions was served on the other party by first class mail. Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Respectfully submitted, 1 Date: Christina. A. Israel, Esquire (#206894) Law Offices of Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 Attorney for Petitioner/Plaintiff FILED-OFFICE tQF THE PROTHONOTARY 2012 JAN 12 PM 1 09 CUMBERLAND COUNTY PENNSYLVANIA DRIVEKORE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. INSITE DEVELOPMENT, INC, Defendant and COMFORT SUITES Defendant and DONALD ERWIN Defendant NO. 10-2410 Civil Term SATISFACTION TO THE PROTHONOTARY OF SAID COURT: You are hereby notified to mark the judgment in the above-captioned matter which was entered against the Defendants , Insite Development, Inc., Comfort Suites and Donald Erwin, in favor of DriveKore, Inc. as satisfied. BY: Coles Rector, Es re 1104 Fernwood venue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Date: ? ? ,?