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Home My WebLink About90-2666DION, ROSENAU, SMITH, MENSZAK & AARON BY: DOUGLAS G. AARON, ESQUIRE ,., ATTORNEY I.D. 54058 Attorney for Plaintiff(s) C? 1628 JFK BOULEVARD, SUITE 900 PHILADELPHIA, PA 19103 TELEPHONE (215) 561-7000 c-n LOYOLA FEDERAL SAVINGS & LOAN ASSOCIATION VS. LINDA J. SHANK CUMBERLAND COUNTY` COURT OF COMMON PLEAS; , NO. 2666 CIVIL 1990 MOTION TO COMPEL ANSWERS TO POST-JUDGMENT INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT c.? v u• Plaintiff, by their undersigned counsel, moves this Court for an Order, pursuant to Pa. R.C.P. 4019, to compel Defendant to respond to Post-Judgment Interrogatories and Request for Production of Documents and in support thereof, avers the following: 1. Judgment for Plaintiff and against Defendant was entered in the sum of $6,438.85 on October 23, 1990. 2. Plaintiff served Post-Judgment Interrogatories and Request for Production of Documents upon Defendant via first class mail on December 23, 2009. 3. Pursuant to Pa. R.C.P. 4006(a)(2) and 4009(b)(2), Defendant's responses to the same were due within thirty (30) days thereof, but has not been received as of the date of giving notice hereof. 4. Plaintiff requires an Order pursuant to Pa. R.C.P. 4019(a)(1)(i) and 4019(a)(1)(iv), compelling defendant to answer said Post-Judgment Interrogatories and Request for Production of Documents. WHEREFORE, plaintiff respectfully requests this Honorable Court to enter the attached Order. DION, ROMI NA", MY'H,,NW> WAV & AARON BY: _r I`r1 DOUGLAS (f,/AARON, ESQUIRE Attorney for Plaintiff(s) DION, ROSENAU, SMITH, MENSZAK & AARON BY: DOUGLAS G. AARON, ESQUIRE ATTORNEY I.D. 54058 Attorney for Plaintiff(s) 1628 JFK BOULEVARD, SUITE 900 PHILADELPHIA, PA 19103 TELEPHONE (215) 561-7000 LOYOLA FEDERAL SAVINGS & LOAN ASSOCIATION CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. LINDA J. SHANK NO. 2666 CIVIL 1990 MEMORANDUM OF LAW This Petition is filed pursuant to Pennsylvania Rules of Civil Procedure 4019. DION, BY: & AARON DOUGLAS F. AJ ON, E. Attorney for intiff(s) CERTIFICATION OF SERVICE Douglas G. Aaron, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff within named and hereby certifies that service by Regular Mail of Plaintiff's Motion to Compel was made on Robert G. Frey, Esquire on MAY 032010 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DION, ROSENAIJ, SMUW, NJL+-NYZ K & AARON BY: DOUGLAS G. RON, Attorney for Plaintiff(s) VERIFICATION I, DOUGLAS G. AARON, verify that the statements made in the foregoing Motion to Compel Answers to Post-Judgment Discovery are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 PA. C.S. Section §4904 relating to unsworn falsifications to authorities. DION, ROSE?CAU, SMTMWG)W & AARON BY: DOUGLAS RON, Attorney for aintiff(s) LAW OFFICES DION, ROSENAU, SMITH, MENSZAK & AARON SUITE 900 8 PENN CENTER 1628 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PENNSYLVANIA 19103 (215) 561-7000 FAX: (215) 665-8845 www.d ionrosenau.coni St BURBAN OFFICE 3 PENN COURT 325 SWEDE STREET NORRISTOWN, PA 19401 DOUGLAS G. AARON, ESQUIRE E-MAIL: d.zaron a riicrnrpscnau.com (610) 275-8600 PH ASE RLFLR TO FILE NO December 23, 2009 28830 Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 RE: Loyola Federal Savings & Loan Assoc V Linda J Shank Cumberland County Court of Common Pleas; No. 2666 Civil 1990 Dear Mr. Frey: Enclosed please find Post Judgment Discovery addressed to your client in this matter. Please have your client answer within the time prescribed by the Pennsylvania Rule of Civil Procedure. In the alternative, please have her make arrangements for payment of this judgment. I will await your response Very truly yours DOUGLAS G. AARON DGA/j j Enclosures This is an attempt to collect a debt and any information obtained from any source, including yourself, will be used for that purpose. EK??6?-t DION, ROSENAU, SMITH, MENSZAK & AARON BY: DOUGLAS G. AARON, ESQUIRE IDENTIFICATION NO. 54058 Attorney for the Plaintiff(s) SUITE 900,8 PENN CENTER 1628 JFK BOULEVARD PHILADELPHIA, PA 19103 (215) 561-7000 LOYOLA FREDERAL SAVINGS AND CUMBERLAND COUNTY LOAN ASSOCIATION COURT OF COMMON PLEAS VS. NO. 2666 CIVIL 1990 LINDA J. SHANK POST JUDGMENT INTERROGATORIES ADDRESSED TO DEFENDANT(S), LINDA J. SHANK Plaintiff, by its counsel, Douglas G. Aaron, Esquire, hereby demands that the above named defendant answer the following Interrogatories, under oath, pursuant to the rules of Civil Procedure, within thirty (30) days after date of service hereof. These Interrogatories shall be deemed continuing, so as to require supplemental answers if the affiant of anyone on defendant's behalf obtains further information between the time the answers are served ant the time of trial. The foregoing instructions are deemed to be incorporated in the Interrogatories, which must be answered strictly in accordance with the same. A. If the interrogatory is answered based upon information not within the affiant's direct personal knowledge, identify the person and records supplying said information in accordance with all the following instructions concerning identification of persons and records. B. The word describe when referring to an inspection (which is deemed to include the terms: analysis, comparison, evaluation, test or in%estigation) shall request the following information. I . Identify the person or persons conducting said inspection in accordance with instructions for identifying persons: 2. State the purpose of said inspections; 3. Summarize the method and procedure used in conducting said inspection; 4. Set forth the result of said inspection; 5. Give the date of said inspections; 6. State if a report or other writing was made of or concerning said inspection. 7. Identify the said report or other writing in accordance with the instructions for identifying documents; 8. State if said inspection as conducted in the ordinary course of defendant's business; Exh\bNt C. The word identify when referring to persons shall request the following information the persons: I. Name, nicknames, maiden name, married name(s) and aliases; 2. Residence and business address; 3. Residence and business telephone numbers; 4. Job title, position and description of association with any party; 5. Duties with any party; 6. Dates of associations with any party; 7. Name and address and telephone number of current association if no longer associated with defendant; 8. Educational and professional background; 9. If an outside consultant, state the name and address of persons, employer and the dates that he performed services for defendant D. The word identify, when referring to a corporation, partnership, proprietorship unincorporated association, trust, government agency or other entity, shall request the following about entity: I . Name and fictitious name registrations (including all information recorded in such registrations and the date and location of same); 2. Addresses; 3. Type of from of entity; 4. Nature of relationship with any party; 5. Dates of relationship with any party; E. The word identify, when referring to a record (which term is deemed to include, but not be limited to mean any report, memorandum, writing, correspondence, tape, audio-reproduction, computer program, notes or other manual, stenographic, mechanical or electronic form of record) shall request the following information: I . Description of the type of record; 2. Title or record and date it was made; 3. Detailed description to contents and subject matter of the record (or provide a copy of the same.); 4. Identification of the person or persons contribution to the drafting and making of the record; 5. Identification of the custodian of this record in accordance with the instructions for identifying persons; 6. The current location of the record; 7. Whether the record was made in the ordinary course of the business and if not, the circumstances under which was made; 8. The reason why said record was kept or not kept. Each interrogatory and sub-part is to be deemed severable. If objection is made to answering any Interrogatory sub-part thereof, the remainder should be answered. Your answers are not limited by the space provided. Attach additional sheets referencing your answers to each Interrogatory as needed. INTERROGATORIES REAL ESTATE: Does the Defendant have an ownership or interest in any real estate anywhere in the United States? If so, set forth a brief description thereof, include the structure and lot size and type of construction; the location, including the state, county and municipality; the volume and page number of the official record thereof, and state further whether the defendant owns it solely or together with any other person or persons and give their full names and addresses. Supply the current value of the properties and the basis for the valuation (estimate, tax assessment, appraisal, etc.) If any of the above properties are mortgaged, supply the mane and addresses of lenders, the date and amount of the mortgage, where it is recorded, the monthly payments and the balance now due. Also, supply the purchase date, purchase price and the name of the party from whom the property was purchased. 2. EMPLOYMENT: State whether the Defendant is presently employed or has been employed within the last ten (10) years. Please set forth the names and addresses of all employers along with dates of employment. 3. TRANSFERS OF REAL ESTATE: In the six years preceding to the date of these Interrogatories has the Defendant transferred any real property either by sale, gift, exchanged, or otherwise? If so, please give a description of the property so transferred, the method or manner of the transfer, the name of the person, firm or other entity to whom transferred, the consideration or amount received by the Defendant and the time and place of the transfer. 4. TRANSFERS ASSETS AND GIFTS: If in the preceding six years, the defendant has transferred any assets (real property, personal property, chose in action), not covered by the immediate preceding Interrogatory, to any person, and/or, if the defendant has given any gift valued at more than $250.00, of any asset, including money, to any person; set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. AGREEMENTS: States whether the defendant has any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is made, and state whether or not any persons are joined with the defendant in the agreement. Supply full name and addresses of all parties concerned. If the said agreement is recorded, provide the state and county of recordation, with volume and page numbers. ACCOUNTS RECEIVABLE DEBTS NOTES & JUDGMENTS: State the names and addresses of any and all persons whom the defendant believers owes the defendant money and set forth in detail the amount of money owed, the terms of payment and whether or not the defendant has written evidence of this indebtedness, and if so, the location thereof. Also states if the matter is in litigation, and if so give full details. If the defendant holds Mortgages or Judgments as security for any of these debts, state where and when such was recorded or entered; and the County, Book Page number and term where recorded. If the defendant holds this Judgment or Mortgage jointly with any other person or persons, give their name and address. Exh?bvt 7. INSURANCE: State whether or not the defendant is the owner of any life insurance contracts. If so, state the persons whose lives are so insured, the serial or policy numbers of said contracts, the face amount, the exact name and address of the insurance companies, the named beneficiary or beneficiaries and their present address. If the defendant owns this insurance jointly with any other person or persons, give their name and address. State whether such policies are term, whole life or some other type of policy. State also whether such policies have any cash value and whether there exist any loans against such policies and, if so state all amounts. GOVERNMENT, MUNICIPAL OR CORPORATE BONDS: State whether or not the defendant owns individually or jointly any corporate or governmental bonds. If so, include the face amount, serial numbers and maturity dates and state the present location thereof. If the defendant owns any of these Bonds jointly with any other person or persons, give their name and address. 9. SHARES OR INTEREST: State whether or not the defendant owns any stocks, shares or interest in any corporation, or unincorporated association or partnership interest, limited or general and state the location thereof. Include the names and addresses of the organizations and the serial numbers of the shares or stocks. If the defendant owns any of the stocks, shares or interest jointly with any other person or persons, give their name and address. 10. DEPOSITORY ACCOUNTS: State whether or not the defendant maintains any checking, savings, or other depository accounts. If so, state the name and location of the depository institution and branch or branches thereof, identification numbers of those accounts, and the amount of amounts the defendant has in each account. If the defendant maintains any of these jointly with another person, give their name and address. I l . SAFETY DEPOSIT BOXES: State whether or not the defendant maintains any safety deposit box or boxes. If so, include the name of the institution, branch or branches and the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among these contents. If the defendant maintains any of these jointly with another person, give their full name and address. 12. PERSONAL PROPERTY; State whether or not the defendant owns any personal property. Include a full description of all machinery, equipment, inventory, furniture, fixtures, furnishings and any other items of personal property with full description, giving full value and present location. State also whether or not there are any encumbrances or liens on that property and if so, the name and address of the encumbrance or lien holder, the present balance owing on that encumbrance and the transactions which gave rise to the existence of the encumbrance. State where and when the encumbrance or lien was recorded. Of the defendant owns any personal propertyjointly with any other person or persons, give their name and address. 13. RENTED PROPERTY: Is any of the property of the Defendant rented to, leased to our otherwise in possession of a third person? If so, state full name, description of the property, the name and address of the person, firm, or other Exh???? op C entity who has possession of the property, the circumstances and reason why the property is in possession of the third person; the consideration or payment received by the defendant; the name and address of the person who receives the rents or other consideration on behalf of the defendant. 14. MOTOR VEHICLES: State whether or not the defendant owns or has any rights in any motor vehicles. Include a full description of each such motor vehicle including color, model, title number, serial number and registration plate number. Also show the name or names in which each motor vehicle is registered, the present value of each motor vehicle and insurance information, and the present location and place of regular storage, garaging or parking. State also whether or not there are any encumbrances on those motor vehicle and if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of the encumbrance, the present balance of the encumbrance and the transaction which gave rise to the existence of the encumbrance. If not owned, stat the extent of the defendant's rights in such vehicles. 15. OTHER ASSETS: If the defendant has any assets, claims, or accounts receivables which are not disclosed in the preceding Interrogatories, please set forth all details concerning the same. a) If you are an individual, state your Social Security Number and Pennsylvania (or other state) motor vehicle operator's license number. b) If you are a corporation, state your Federal Tax Identification No., date and state of you incorporation. and Aaron DOU 'LA AARON, ESQUIRE 1628 JFK I d., Ste. 900, 8 Penn Center Philadelph PA 19103 (215) 561-7000 Attorney ID# 54058 DATE: ?. OLAOR Exh&ki VERIFICATION Understanding that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, Unsworn Falsification to Authorities, I verify that I am a defendant in the above matter and that, after inquiry, the facts set forth in the foregoing Answers to Post Judgment Interrogatories are true, correct and complete to the best of my knowledge, information and belief. DATE: Defendant's Signature, LINDA J. SHANK Defendant's Name (Printed) Address City, State, and Zip Code Telephone Number Exhb\i El DION, ROSENAU, SMITH, MENSZAK & AARON BY: DOUGLAS G. AARON, ESQUIRE IDENTIFICATION NO. 54058 SUITE 900,8 PENN CENTER 1628 JFK BOULEVARD PHILADELPHIA, PA 19103 (215) 561-7000 LOYOLA FREDERAL SAVINGS AND LOAN ASSOCIATION VS. LINDA J. SHANK C? Attorney for the Plaintiff(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2666 CIVIL 1990 POST JUDGMENT REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT, LINDA J. SHANK The following documents in the attached schedule are to be produced for inspection, testing and copying in the above-designated offices of counsel at 9:30 a.m. thirty days from this date. You must produce those items possessed or controlled by you or anyone acting or having acted on your behalf including, but not limited to your attorneys, accountants, agents, servants, workmen, employees, and other natural persons, businesses or organizations. Alternatively you may respond by attaching marked copies of the documents hereto, 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 bought to your attention or come within your possession or control as previously defined. The term document as used herein means any report, writing, memorandum, correspondence, tape or magnetic recording, computer program or data, visual or audio reproductions, sketch, drawing, photograph 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. Each request and portion of each result is deemed several 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. Exh bit le 0 1. Your last income tax returns filed with each separate taxing authority. 2. All Internal Revenue Service From 1099's (regardless of letter designation) and from W-2's (regardless of letter designation) received by you in the past year. 3. Your last financial statement. 4. Your checking, savings, and other bank account records for the last three months including, but not limited to, canceled checks, statements, and deposit tickets. 5. Your current books of account. 6. Writings evidencing your claims against and accounts receivable, from others. 7. Your leases, certificates of title, deeds, mortgages, stocks, bonds, securities, promissory notes, contracts, and agreements. 8. Loan applications submitted by you within the past year. 9. Policies of insurance in i DATE: 1 - `p ary. Understanding that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, Unworn Falsifications to Authorities, I verify that the defendants, LINDA J. SHANK and that the Request for Production of Documents has been complied with by supplying the copies of the documents annexed hereto which are true and correct copies of the originals thereof to the bestof my knowledge, information and belief. LINDA J. SHANK, Defendant DATE: Exh?b4 DION, ROSENAU, SMITH, MENSZAK & AARON BY: DOUGLAS G. AARON, ESQUIRE ATTORNEY I.D.: 54058 Attorney for Plaintiff c SUITE 900 -1628 JFK BOULEVARD rnCo PHILADELPHIA, PA 19103 z= TELEPHONE: (215) 561 7000 -<1- LOYOLA FEDERAL SAVINGS & LOAN ASSOCIATION VS. LINDA J. SHANK ra CUMBERLAND COUNTY COURT OF COMMON PL4'f NO. 2666 CIVIL 1990 MOTION TO MAKE RULE ABSOLUTE N 0 rv w ZZ G C-0 C7 1. Plaintiff filed a Motion to Compel answers to Post-Judgment Discovery on May 3, 2010. 2. This Honorable Court issued a Rule to Show Cause upon the Defendant to show cause why the relief requested should not be granted. The Rule was issued on May 7, 2010 and the Rule Returnable was within the 14 days of the Order. A true and correct copy of the Order of Court is attached hereto as Exhibit A. 3. Plaintiff served a copy of the Order on counsel for defendant, Robert G. Frey, Esquire. 4. To date, there has been no response to the Rule and Defendant has failed to show any cause why relief should not be granted. 5. Based upon this failure to respond to the Rule Returnable within the time prescribed by the Court, Plaintiff respectfully requests this Honorable Court make the CJ --r m- -,r- 01rn 4 o , 48 -- =C-T) Q -n 1 Rule Absolute and enter the Order attached to the motion. WHEREFORE, Plaintiff requests this Honorable Court to enter the Order as attached hereto and make the Rule Absolute. DION, ROSENAU, SMITH, MEN$ZAK & AARON BY: - DOUGLAS G. ESQUIRE Attorney for Pl t?RON, tiff(s) DION, ROSENAU, SMITH, MENSZAK & AARON BY: DOUGLAS G. AARON, ESQUIRE ATTORNEY I.D.: 54058 Attorney for Plaintiff SUITE 900 -1628 JFK BOULEVARD PHILADELPHIA, PA 19103 TELEPHONE: (215) 561 7000 LOYOLA FEDERAL SAVINGS & LOAN ASSOCIATION CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. NO. 2666 CIVIL 1990 LINDA J. SHANK MEMORANDUM OF LAW This Petition is filed pursuant to the Pennsylvania Rules of Civil Procedure. DION, ROSENAU, SMI H, SZAK & AARON BY: DOUGLAS AARON, ESQUIRE Attorney for laintiff(s) CERTIFICATION OF SERVICE Douglas G. Aaron, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff within named and hereby certifies that service by Regular Mail of Plaintiff's Motion to Make Rule Absolute was made on defense counsel with a cover letter dated 112110 This statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DION, ROSENAU, SMITHI.MENSZAK & AARON BY: I/ L/ _ DOUGLAS G. AON, ESQUIRE Attorney for Plai (s) VERIFICATION I verify that the statements made in the Plaintiffs Motion to Make Rule Absolute, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsifications to authorities. DION, ROSENAU, SMITH, M,XNSZAK & AARON BY: v =U ?V,-. DOUGLAS G. ON, ESQUIRE Attorney for Pla 'ff(s) LOYOLA FEDERAL SAVINGS : IN THE COURT OF COMMON PLEAS OF & LOAN ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW LINDA J. SHANK, Defendant NO. 2666 CIVIL TERM 1990 IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 13`x' day of November, 2010, upon consideration of the Motion To Make Rule Absolute, the Rule is made absolute to the following extent: DEFENDANT SHALL make full and complete answers to said Interrogatories and full and complete responses to Request for Production of Documents, without objection or motion for protective order within 21 days from the date of this order. BY THE COURT, Dou las G. Aaron, Esq. g Dion, Rosenau, Smith, Menszak & Aaron Suite 900 1628 JFK Boulevard Philadelphia, PA 19103 Attorney for Plaintiff inda Shank Wilson 416 Fairground Avenue Carlisle, PA 17013-1922 Defendant, pro Se Co 1es rr"Z? cLk y ?kkyy. .Ir.^m. > rNI) C=3 rn ...a s rn? -aM S, A 1