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HomeMy WebLinkAbout04-2807IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA 9TM JUDICIAL DISTRICT WELLS FARGO FINANCIAL LEASING, INC.,) as successor in lnterest to TELMARK, LLC, ) P.O. Box 4943 Syracuse, New York 13221 Plaintiff, VS. TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER MARTY BLOSER 150 Barn Stable Road Carlisle, PA 17013 Defendants CIVIL ACTION - LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 ALI, PAPPAS & COX, P.C. PA #: 79480 Attorneys for Plaintiff 614 James Street, Suite 100 Syracuse, New York 13203 Telephone (315) 472-4481 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA 9TM JUDICIAL DISTRICT WELLS FARGO FINANCIAL LEASING, INC.,) as successor in Interest to TELMARK, LLC, ) P.O. Box 4943 Syracuse, New York 1322 l Plaintiff, VS. TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER MARTY BLOSER 150 Barn Stable Road Carlisle, PA 17013 Defendants CIVIL ACTION-LAW . .(ac,,./__~/g0,~ No.: '-- COMPLAINT The Plaintiff, by its attorneys, Ali, Pappas & Cox, P.C., complaining of the Defendants above-named, as and for a cause of action, alleges and respectfully shows to the Court as follows: 1. Telmark, LLC, was a Delaware Limited Liability Company with its principal place of business located in the State of New York. The company was duly authorized to do business in the Commonwealth of Pennsylvania. 2. At all times mentioned herein, the Plaintiff, Wells Fargo Financial Leasing, Inc., was and still is an Iowa Corporation, which is duly authorized to do business in the Commonwealth of Pennsylvania. The Plaintiffpurchased certain assets of Telmark, LLC including the leases set forth hereafter and as such is the successor in interest to Telmark, LLC. 3. Upon information and belief, and at all times mentioned herein, the Defendants, Tommy L. Bloser, Steven L. Bloser, Cindy Bloser, Marty Bloser were and still are residents Cumberland County residing at 150 Barn Stable Road in Carlisle, PA 17013. COUNT ONE BREACH OF AGREEMENT 4. Heretofore and on or about the 26th day of March 2001 the Defendants Tommy L. Bloser and Steven L. Bloser duly entered into Lease Agreement //51174 wherein and whereby Telmark, LLC did covenant and agree to lease to said Defendant a (1) CPM Model 1SDS (SN: 125DS25185281), (1) CPM Model 1SDS (SN: No longer on machine), (1) CPM Model 1SDS (SN: 125DS25185282), all of which appears more fully from a copy of said Lease which is atmexed hereto, made a part hereof and labeled Exhibit "A." 5. Said equipment was to be located on property in the County of Cumberland in the Commonwealth of Pennsylvania, which property was and still is owned by the Defendant. 6. Pursuant to the terms of Lease 51174 between the Plaintiff and said Defendant, the Defendant was to make 48 semi annual payments of $2,357.00.. 7. The aforementioned Lease contains provisions which provide, among other things, for default and that upon default the Lease balance is due, the Plaintiff may repossess the leased equipment and that the Defendant is liable for any deficiency balance, together with attorneys' fees and further damages. 8. The equipment referred to in the above-mentioned Lease Agreement was duly delivered and accepted by the Defendant. 9. The Defendant failed to comply with the terms, covenants and conditions of the lease by omitting to pay the required Lease payments. Prior to this action more than ten days have elapsed since each payment became due. 10. As a result of said default, the lease balance and other charges due and owing to the Plaintiff from said Defendant in the sum of $8,571.00 was immediately due and payable to the Plaintiff. 11. 12. Said sum remains unpaid, although duly demanded. Said Defendant agreed to pay the attorneys' fees incurred by the Plaintiff in the instant action. The Plaintiff verily believes that it will incur reasonable attorneys' fees and the Defendant is liable therefor. WHEREFORE, Plaintiff demands judgment against the Defendants Tommy L. Bloser and Steven L. Bloser in the sum of $8,571.00, plus interest thereon, together with reasonable attorneys' fees, the costs and disbursements of this action, and such other and further relief as to the Court may seem just and proper. COUNT TWO (Personal Guarantee -CINDY BLOSER & MARTY BLOSER) 13. That Plaintiff repeats each allegation set forth above, and further alleges and shows to the Court as follows: 14. That in order to induce the Plaintiff to enter into the Lease Agreement annexed as Exhibit A the Defendants Cindy Bloser and Marty Bloser made, executed and delivered to the Plaintiff a Continuing Individual Guaranty of Payment on the 26th day of March, 2001 which guaranteed payment by Cindy Bloser and Marty Bloser of all lease payments and obligations to the Plaintiff. Said Guaranty is am~exed hereto and made a part hereof and labeled Exhibit "B." 15. That in reasonable reliance upon said Guaranty, Plaintiff entered into the Lease Agreements with Cindy Bloser and Marty Bloser. 16. As stated above, there is now due and owing to the Plaintiff the total sum of $8,571.00 on the lease, which sum has been duly demanded of the Defendants Cindy Bloser and Marty Bloser pursuant to said Guaranty, but which remains unpaid. 17. That the Defendants is liable to the Plaintiff in the sum of $8.571.00, together with reasonable attorneys fees. WHEREFORE, Plaintiff demands judgment on Count Two against the Defendants Cindy Bloser and Marry Bloser based upon the Continuing Guaranty of Payment in the sum of $8,571.00, together with interest thereon, reasonable attorneys' fees, the costs and disbursements of this action, and such other and further relief as to the Court may seem just and proper. Dated: P. DOUGLAS DODD, ESQ. ALI, PAPPAS & COX, P.C. PA #: 79480 Attorneys for Plaintiff 614 James Street, Suite 100 Syracuse, New York 13203 Telephone (315) 472-4481 VERIFICATION I, Sheila A. Daughton, am a Litigation Specialist for Wells Fargo Financial Leasing Inc., (formerly known as Telmark LLC), Plaintiff herein, and, as such, I am authorized and do make this verification on behalf of Plaintiff, and state that the averments of facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. Cons. Stat § 4904 relating to unswom falsification to authorities. cONNIE M. cOMPAGNI Notery Pub}ic, State ot New York RegistratiOn No, 4961458 IgemmiSsion Expires Feb. WELL~ FARGO FIN~CIAL LEASING, 1~. C. EQUIPMENT LEASE MARK LL C (Lessor) P.O. BOX 4943, SYRACUSE, NEW YORK 13221-494.3 TELEPHONE: t-~00-45'1.3322 STATE (CHEC~ 0~1__ CORPO~T~O~ ADDRESS LLP EQUIPMENT LOCATION: /CHECKIFAODRESSIB SAME AB LESSEE OR iNDICATE ADDRESS BELOW INCLUDING CITY. COUNTY AND STATE: EQUIPMENT DESCRIPlION ('rile "EQUIPMENT"}: QUANTITY, MANUFACTURER, ITEM(e), MODEL NO., SERIAL NO., AND/OR OTHER IDENTIFICATION RENTAL AMOUNT PER PAYMENT PERIOD MONTHLY PAYMENT SCHEDULE PAYMENTS WILL Ee MADE TERM OF LEASE NO. OF LEASE PAYMENTS ADVANCE PAYMENT (NO. MONTH0) REMAINING EACH LEASE PAYMENT IS SUBJECT TO SALES TAX OR PERSONAL PROPERTY TAX AT PERCENTAGES OR AMOUNTS AS MAY FROM TIME TO TIME BE IN EFFECT. THE LESS, EE ~S RESP~I;INSIBLE TO PROVIDE THE LESSOR AN EXEMPTION CERTIFICATE AS REOUIRED BY LAW. EXHIBIT TG a/'YES NO; OTHER EXHIBITS (LIST}: TERMS AND CONDITIONS OF LEASE 1. LEASE, Lessor Peases to Lessee the EQUIPMENT described above. Lessor, st the request of the. Lessee, has ordered the EQUIPMENT from the supplierlsl in accordance with specifications selected by the Lessee. ,~rr additions, improvements and accessories incorpor='-' EQUIPMENT become the property of Lessor. 2, TERM. The term of this LEA$~: Notice is executed. At the payment of a~l s~~= ' obligations tatr~ -~ ~ subject to any adjustment by Lessee of any kind or for any reason. All payments shall be made to the office of Tdmark LLC, PO Box 4943. Syracuse, NY 13221 or as CONTINUING INDIVIDUAL GUARANTY OF PAYMENT In consideration of TELMARK LLC ("LESSOR") with its principal office located at 333 Butternut Drive, DeWitt, NY 13214, executing and entering into a lea~q(s) and/or other obligation(s) with hereinafter called the L3mlee, the undersigned (if more than one, then jointly and severally) hereinafter referred to as Guarantor, hereby irrevocably, absolutely and unconditionally guarantees payment to Lessor, its successors and assigns, when due, whether by acceleration or otherwise, of the lease and/or leases now or hereaRer entered into together with all other obligations or liabilities due and to become due to Lessor fi.om Lessee, together with interest and all attorney's fees, costs and expenses incurred by the Lessor in enforcing this CONTINUING INDIVIDUAL GUARANTY OF PAYMENT. The Guarantor agrees that this Guaranty is and shall be an open and CONTINUING INDIVIDUAL GUARANTY OF PAYMENT and all obligations and liabilities to which it applies or may apply under terms hereof shall be conclusively presumed to have been created in reliance hereon and shall continue in full force and effect, not withstanding any (a) change in rentals or other obligations under the Lease Agreement, (b) renewals, modifications, additions or extensions thereto or extensions of time to perform any of the obligations thereunder; and Guarantor waives notice of any such changes, renewals, modifications, additions, extensions or of any default by the Lessee thereunder. This is to be a CONTINUING INDIVIDUAL GUARANTY OF PAYMENT, and the acceptance of any sum or sums on account of the acceptance of notes, drafts or any security fi.om the Lessee, shall in no way weaken or impair the validity of this CONTINUING INDIVIDUAL GUARANTY OF PAYMENT, and in the event Lessee defaults on any payment Lessor shall have the right to proceed against the Guarantor at any time without any notice or demand for payment or any notice of Lessee's default and without any proceeding against the Lessee. The Guarantor hereby egpressly waives all claims of any nature whatsoever whether by way of defenses, setoff or counterclaim which the Guarantor may have or hereafter acquire, including but not limited to (1) surrender, release, exchange, substitution, dealing with or taking any additional collateral, (2) abstaining fi.om taking advantage of or realizing upon any security interest or other guaranty, and (3) any impairment of collateral, including but not limited to, failure to perfect a security interest in the collateral. This guaranty shall not be affected in any manner by any change in the form or status of the Lessee, whether caused by death or by any change fi.om any cause whatsoever. This shall be a Continuing Guaranty until such time as it is expressly revoked by the Guarantor by written notice to the Lessor which revocation shall revoke solely any new obligations, Leases or liabilities of the Lessee. This CONTINUING INDIVIDUAL GUARANTY OF PAYMENT shall bind the respective heirs, executors, administrators, successors and assigns of thc undersigned. Guarantor gives authorization to Telmark to obtain financial information, from time to time, indicating Guarantors present and past'credit dealings with any firm, consumer reporting agency, credit bureau or any other reporting source on Guarantors credit history in the evaluation of this guaranty of payment for business purposes and any update, extension or renewal or future indebtedness. Teimark is authorized to share information with affiliates or assigns. Date: The ~ day of Legal Address SWeet Legal Address Street City State Legal Address Street Zip Code City State Legal Address Street Zip Code City State Zip Code City State Zip Code J-275 (11/00) (37-re~4) ORIGINAL - TELMARK LLC; CANARY - LESSEE SHERIFF'S RETURN - REGULAR CASE NO: 2004-02807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL LEASING VS BLOSER TOMMY L ET AL JASON VIORAL' ., Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE BLOSER STEVEN L DEFENDANT , at 1833:00 HOURS, at 210 BARN STAJBLE ROAD CARLISLE, PA 17013 STEVEN BLOSER a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 22nd day of June by handing to the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this ~g day of  o2 sv3 ~ A.D. Prothonotary So Answers: R. Thomas Kline 07/07/2004 ALI PAPPAS COX By: S~ERIFF'S RETURN CASE NO: 2004-02807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL LEASING VS BLOSER TOMMY L ET AL - REGULAR JASON VIORAL Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BLOSER M_ARTY DEFENDANT , at 1833:00 HOURS, at 210 BARN STABLE ROAD CARLISLE, PA 17013 STEVEN BLOSER, HUSBAND a Sheriff or Deputy Sheriff of who being duly sworn according was served upon on the 22nd day of June by handing to tO law, the 2004 true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 07/07/2004 ALI PAPPAS COX Sworn and Subscribed to before By: ~ ~ me this ~ day of Sheriff  ~ A.D. / ' Prothonotary ' SHERIFF' S RETURN CASE NO: 2004-02807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL LEASING VS BLOSER TOMMY L ET AL - REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BLOSER TOMMY L DEFENDANT , at 1651:00 HOURS, at 210 BARN STABLE ROAD CARLISLE, PA 17013 THOMAS BLOSER a true and attested copy of COMPLAINT & NOTICE on the 29th day of June by handing to the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ day of ~/~ ~ A.D. So Answers: R. Thomas Kline 07/07/2004 ALI PAPPAS COX SHERIFF'S RETURN - REGULAR CASE NO: 2004-02807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL LEASING VS BLOSER TOMMY L ET AL KENNETH GOSSERT Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BLOSER CINDY DEFENDANT , at 1651:00 HOURS, at 150 BARN STABLE ROAD CARLISLE, PA 17013 THOMAS BLOSER, ADULT IN CKARGE a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 29th day of June the together with by handing to 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ 95 day of  A.D. q ~prd~t ar y~ / ~ ~ So Answers: R. Thomas Kline 07/07/2004 ALI PAPPAS COX By: De~<~he r '~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK, LLC Plaintiff, VS. TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER Defendants. CIVIL ACTION LAW No.: C1~04-2807 Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER AND MARTY BLOSER Filed on behalf of Plaintiff, Wells Fargo Financial Leasing, Inc. Counsel of Record for This Party: Thomas P. Givas, Esq. PA Id. #79445 AL/, PAPPAS & COX, P.C. Attorneys for Plaintiff 614 James Street Suite 100 Syracuse, New York 13203 Telephone: 315-472-448l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONVqEALTH OF PENNSYLVANIA WELLS FARGO FINANCIAL LEAINSING, INC., as successor in Interest to TELMARK, LLC Plaintiff, VS. TOMMY L. BLOSER, STEVEN Lo BLOSER, CINDY BLOSER, MARTY BLOSER Defendants. CIVIL ACTION LAW No.: 04-2807 Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST TOMMY L. BLOSER, STEVEN L. BLOSER~ CINDY BLOSER AND MARTY BLOSER TO: Cumberland County Prothonotary Please enter DefauR Judgment in favor of the Plaintiff and against the Defendants, Tommy L. Bloser, Steven L. Bloser, Cindy Bloser and Marry Bloser by default for the Defendants' failure to file an Answer to Plaintiffs Complaint against the Defendant. Plaintiffs damages are assessed as follows: Principal mount due: Count One Interest: 4/22/04 110 x 1.40 Court Costs: Filing Fees Service Fees $ 8,571.00 $ 154.00 $ 55.50 $ 82.90 TOTAL: $ 8,863.40 I hereby certify that written notice of the intention to take a Default Judgment was mailed or delivered to the party against whom Judgment is to be entered and to their attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of the notice of intention to enter Judgment by default is attached hereto as Exhibit "A." It is further certified that all extensions of time for the filing of an ~ms~wer has expired. No Answer has been received as of this date. P/A ID #79445 I [ ~14 James Street, Suite 100 ASSESSMENT OF DAMAGES AND NOW {~tq ~{,,, , 2004, Judgment is emered in favor of the Plaintiffagainst the Defendants Tommy L. B16ser, Steven L. Bloser, Cindy Bloser and Marly Bloser by default for want of filing an Answer to Plaintiff's Complaint and damages assessed in the sum of Eight Thousand Eight Hundred Sixty Three Dollars and 40/100 ($8,863.40), as per above statement. WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK, LLC Plaintiff, -V$- TOMMY L. BLOSER, STEVEN L. BLOSER CINDY BLOSER, MARTY BLOSER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.: 04-2807 Civil Term CERTIFICATION OF ADDRESSES TO: THE PROTHONOTARY: The address of the Plaintiff/Judgment Creditor, Wells Fargo Financial Leasing, Inc., P.O. Box 4943, Syracuse, New York 13221, and the last known address of the Defendants: TOMMY L. BLOSER STEVEN L. BLOSER CINDY BLOSER MARTY BLOSER Carl T SQ. PA I~D #79445 At/i, PAP_PAS.& C_O_X, P.C. Aj, ftomeys for Plaintiff Syracuse, New York 13203 Telephone: (315) 472-4481 WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK LLC, Plaintiff, -VS- TOMMY L. BLOSER, STEVEN Lo BLOSER, CINDY BLOSER, MARTY BLOSER, Defendants. : IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PA CIVIL ACTION - LAW NO: C1-04-04807 NOTICE OF ENTRY OF JUDGMENT NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. [ P~ ID ~79445 ~ ~LI~APPAS & COX, P.C. / Attorneys for ~aintiff ~ 614 Jmes S~eet Suite 100 S~acuse, New York 13203 Telephone: (315) 472-4481 IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, COMMONWEALTH OF PENNSYLVANIA 9TM JUDICIAL DISTRICT WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK, LLC, Plaintiff, CIVIL ACTION LAW No.: 04-2807 Civil Term VS. TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER Defendants. NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER and MARTY BLOSER Filed on behalf of Plaintiff, Wells Fargo Financial Leasing, Inc., Counsel of Record for This Party: Thomas P. Givas, Esq. PA Id. #79445 ALI, PAPPAS & COX, P.C. Attorneys for Plaintiff 614 James Street, Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA 9th JUDICIAL DISTRICT WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK LLC, Plaimiff, -vs- TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER, Defendants. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.: 04-2807 Civil Term NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT AGAINST TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER & MARTY BLOSER TO: TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER 150 Barn Stable Road Carlisle, PA 17013 DATE OF NOTICE: July 21, 2004 IMPORTANT NOTICE YOUR 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. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF SERVICE 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BA~ ASSOCIATION 2 Liberty Avenue Carlisle, P~effT013 T/}iOMAS P. GIVAS, ESQ. / ~PA ID #79445 /ALI, PAPPAS & COX, P.C. / Attorneys for Plaintiff // 614 James Street Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 CERTIFICATE OF SERVICE I, Thomas P. Givas, Esq., hereby certify that a true and correct copy of the foregoing Notice of Praecipe for Default Judgment was served this .0-.~[ day of July, 2004 on the following: By Regular Mail: TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER AND MA~Y BLOSER 150 Barn)~hble Road // / ~I~APPAS & COX~ / / A~omeys for Pl~ntiff / Suite 100 SFacuse, New York 13203 Telephone: 315-472-4481 WELLS FARGO FINANCIAL LEASING, INC., as successor in interest to TELMARK, LLC, Plaintiff, VS. TOMMY L. BLOSER, STEVEN L. BLOSER, MARTY BLOSER, and CINDY BLOSER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA PETITION/MOTION TO COMPEL INTERROGATORIES ,PRODUCE DOCUMENTS OR IMPOSE SANCTIONS NO.: C1-04~2807 Civil Term CIVIL ACTION - LAW STATE OF NEW YORK ) ) SS.: COUNTY OF ONONDAGA ) Wells Fargo Financial Leasing, Inc., by and through its attorneys, Ali, Pappas & Cox, P.C., Thomas P. Givas, Esq., deposes and says the following: 1. Deponent is duly licensed attorney in the Commonwealth of Pennsylvania, is a member of Ali, Pappas & Cox, P.C., the attorneys for the Plaintiff, and as such, is familiar with the facts and proceedings herein. 2. Wells Fargo Financial Leasing, Inc., by its undersigned attorneys, moves this Court pursuant to Rules 3117, 4005, 4009 and 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling the Defendants to fully answer Plaintiff's Interrogatories and produce the requested documents and in support of the said Petition, Deponent states as follows: 3. On or about June 18, 2004, a Notice to Defend and Complaint were filed in the above-referenced action which were thereafter served on June 22, 2004. 4. A Judgment was taken on or about August 26, 213,04, by the Plaintiff against the Defendants in the sum of $8,863.40. A copy of that Judgment is annexed hereto, made a part hereof and labeled Exhibit A. 5. On or about September 16, 2004, the Plaintiff served Interrogatories and a Request for Production of Documents upon the Defendants via First Class Mail. Copies of those Interrogatories and requests are annexed hereto, made a part hereof and labeled Exhibit B. The Certificate of Service is annexed as Exhibit C. 6. The Defendants have not appeared by an attorney. Plaintiff has requested the answers and documents. However, the Defendants have failed to produce the requested responses and documents. 7. The Defendants' responses were due within thirty days thereof, but none has been received as of the date hereof. 8. Plaintiff requests an Order pursuant to Pa.R.C.P. 4019, compelling Defendants to I t th ' answer said nterroga ories and produce e requested docum~)$~. WltEREFORE, Plaintiff respectfully ~//~urt to approT~/~/~posed order annexed hereto. ./ / ~~f~f, TH(~,IAS P. OlVAb, ESQ~ PA/ID # 79445 A/LI, PAPPAS & COX, P.C. J114 James Street, Suite 100 0Syracuse, New York 13203 Telephone: 315-472-.4481 VERIFICATION I, Thomas P. Givas, verify that ! am the attorney for Wells Fargo Financial Leasing Inc., (formerly known as Telmark LLC), Plaintiff herein, and, as such, I am authorized and do make this verification, and state that the avermems of facts set forth in the foregoing Motion/Petition are true and correct to the best of my knowledge or information and belief. I understand that the statements therein are ma_de subject to the ~tlties of 18 Pa. Cons. Stat §4904 relating to unsworn falsification to a~~-'~ ~ DATED: LUCIEN ALI C. ANDREW PAPPAS ROBERT B. COX THOMAS P. GIVAS° P, DOUGLAS DODD° * 1' DAVID P, DOHERTY 1' O BENJAMIN D. LEVINEe *ALSO ADMITTED IN PENNSYLVANIA *ALSO ADMITTED IN FLORIDA *ALSO ADMITTED IN NEW JERSEY ~ ALSO ADMITTED IN MASSACHUSEI-FS ALI, PAPPAS & COX, P.C. ATTORNEYS AND COUNSELORS AT LAW 614 JAMES STREET SUITE 100 SYRACUSE, NEW YORK 13203-2220 AREA CODE (315)-472-4481 OR FAX (315) 472-8299 or (315)671-1785 OF COUNSEL EDWARD F, GERBER RICHARD E. RIFKEN CAROLYN R. FRIEDMAN September 16, 2004 TOMMY L. BLOSER STEVEN L. BLOSER CINDY BLOSER MARTY BLOSER 210 Barnstable Road Carlisle, PA 17013 Wells Fargo Financial Leasing, Inc. as successor in interest to Telmark, LLC vs. Tommy L. Bloser, Steven L. Bloser, Cindy Bloser and Marty Bloser Civil Action No.: 04-2807 Civil Term Dear Tommy, Steven, Cindy and Marty: Enclosed herewith please find a copy of the Judgment that was entered against you in the Cumberland County Prothonotary's Office on August 26, 2004. Also enclosed is a copy of the Interrogatories in Aid of Execution and Post Judgment Request for Documents. Please fill out the answers and return to the undersigned with in thirty (30) days of the date of this letter. This letter is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. If you have any/q~stions or require anything additional, please: do not hesitate to contact me. Thank y~u/~/your antic~ated cooperation in this matter. Very tru~ y(/~rs, I ] / moM4s ,./crvAs, ESQ. / TPG/lr I ~ ~nc. [ ' c~~ la D~ughton IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK, LLC Plaintiff, VS. TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MART3( BLOSER Defendants. CFv~IL ACTION LAW No.: C1-04-2807 Civil Term PR~C2E FOR EN~ AG~ST TO~ L. B~SE~ STEVEN L. BLOSE~ C~Y BLOSER ~ M~TY BLOSER Filed on behalf of Plaintiff, Wells Fargo Financial Leasing, Inc. Cc. unsel of Record for This Party: Thomas P. Givas, Esq. PA Id. #79445 ALI, PAPPAS & COX, P.C. Attorneys for Plaintiff 614 James Street Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WELLS FARGO FINANCIAL LEAINSING, INC., as successor in Interest to TELMARK, LLC Plaintiff, VS. TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER Defendants. CIVIL ACTION LAW No.: 04-2807 Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST TOMMY L. BLOSER~ STEVEN L. BLOSER~ CINDY BLOSER AND MARTY BLOSER TO: Cumberland County Prothonotary Please enter Default Judgment in favor of the Plaintiff and against the Defendants, Tommy L. Bloser, Steven L. Bloser, Cindy Bloser and Marty Bloser by default for the Defendants' failure to file an Answer to Plaintiffs Complaint against the Defendant. Plaintiffs damages are assessed as follows: Principal amount due: Count One Interest: 4/22/04 110 x 1.40 Court Costs: Filing Fees Service Fees $ 8,571.00 $ 154.00 $ 55.50 $ 82.90 TOTAL: $ 8,863.40 DATED: I hereby certify that written notice of the intention to take a Default Judgment was mailed or delivered to the party against whom Judgment is to be entered and to their attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of the notice of intention to enter Judgment by default is attached hereto as Exhibit "A." It is further certified that all extensions of time for the filing of an 4fmswer has expired. No Answer has been received as of this date. ALI, P.~~cI~AS & C TI-~S P. GIVAS, ESQ./. PtA ID #79445 6'14 James Street, Suite 100 ~yracuse, New York 13203 Telephone: 315-472-4481 ASSESSMENT OF DAMAGES NOW ~;!C,~_, 2004, Judgment is entered irt favor of the Plaintiff against the Defendants Tommy~-z~-~ ~L. Bloser, Steven L. Bloser, Cindy Bloser and Marry Bloser by default for want of filing an Answer to Plaintiff's Complaint and damages assessed in the sum of Eight Thousand Eight Hundred Sixty Three Dollars and 40/100 ($8,863.40), as per above statement. WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK, LLC Plaintiff, -VS- TOMMY L. BLOSER, STEVEN L. BLOSER CINDY BLOSER, MARTY BLOSER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.: 04-2807 Civil Term CERTIFICATION OF ADDRESSES TO: THE PROTHONOTARY: The address of the Plaintiff/Judgment Creditor, Wells Fargo Financial Leasing, Inc., P.O. Box 4943, Syracuse, New York 13221, and the last known address of the Defendants: TOMMY L. BLOSER STEVEN L. BLOSER CINDY BLOSER MARTY BLOSER 210 Barnstable Road~, xao~ns~, ai'(ns, ~s~. PA ~ g79445 ~, ~A~.& cox, P.C. ~tomeys for Plaintiff p 14 Jmes Street /Suite 100 S~acuse, New York 13203 Telephone: (315) 472-4481 WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK LLC, Plaintiff, -VS- TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER, Defendants. · IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PA CIVIL ACTION - LAW NO: C1-04-04807 NOTICE OF ENTRY OF JUDGMENT NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concerning the abov~~e contact: /'~/~//f P/~ ID #79445 // //Attorneys for Plaintiff ~ 614 James Street Suite 100 Syracuse, New York 13203 Telephone: (315) 472-4481 IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, COMMONWEALTH OF PENNSYLVANIA 9TM JUDICIAL DISTRICT WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK, LLC, Plaintiff, CIVIL ACT1ON LAW No.: 04-2807 Civil Term VS. TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER Defendants. NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER and MARTY BLOSER Filed on behalf of Plaintiff, Wells Fargo Financial Leasing, Inc., Counsel of Record for This Party: Thomas P. Givas, Esq. PA Id. #79445 ALI, PAPPAS & COX, P.C. Attorneys for Plaintiff 614 James Street, Suite 100 Syracuse, 'New York 13203 Telephone:: 315-472-4481 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA 9th JUDICIAL DISTRICT WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK LLC, Plaintiff, -vs- TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER, Defendants. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.: 04-2807 Civil Term NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT AGAINST TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER & MARTY BLOSER TO: TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER 150 Barn Stable Road Carlisle, PA 17013 DATE OF NOTICE: July 21, 2004 IMPORTANT NOTICE YOUR 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. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF SERVICE 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BA21~ ASSOCIATION 2 Liberty Av _,~ue /// Carlisle, P.~'7013 ,,9 / / ~'~/1'-'800- 990/~.~.~ TjtO S P. GIVAS, ESQ. / /PA ID #79445 /ALI, PAPPAS & COX, P.C. / Algamegs fox .Plaintiff {/ 614 James Street v Suite 100 Syracuse, New York 13203 Telephone: 315-472-448 ] CERTIFICATE OF SERVICE I, Thomas P. Givas, Esq., hereby certify that a tree and correct copy of the foregoing Notice of Praecipe for Default Judgment was served this .4~'1 day of July, 2004 on the following: By Regular Mail: TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER AND MAJ~Y BLOSER 150 Bam.~(able Road // Carlisl~/,//~/A 17013 Ji / ifA ID'#79445 'SQ. / / AL1, PAPPAS & COX, P.C. / / Attorneys for Plaintiff .... / /. 614 James Street ~ tJ Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 WELLS FARGO FINANCIAL LEASING, INC., as successor in interest to Telmark, LLC Plaintiff, TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.: C1-04-2807 Civil Term INTERROGATORIES TO DEFENDANT IN AID OF EXECUTION Because you have failed to pay the amount of the Judgrnenl of $8,863.40 against you entered in favor of WELLS FARGO FINANCIAL LEASING, INC. at F'.O. Box 4943, Syracuse, New York 13221-4943, WELLS FARGO FINANCIAL LEASING, INC. has the right to attempt to enforce that Judgment by a judicial sale (sheriffs sale) of your assets. WELLS FARGO FINANCIAL LEASING, INC. also may inquire concerning the existence and location of those assets. Pursuant to the applicable Pennsylvania Rules of Civil Procedure you are required to make full and complete answers to the questions set forth on the following pages. These answers must be made in writing, under oath, within thirty (30) days after service upon you and sent to counsel for WELLS FARGO FINANCIAL LEASING, INC.; THOMAS P. GIVAS, ESQ., ALI, PAPPAS & COX, P.C., 614 James Street, Suite 100, Syracuse, New York 13203. Please attach additional sheets if necessary to completely answer~questions. Should you fail to answer, the Court may enter an Order imposing sanctions against you. If you do not understand your duty to answer these questions, you should consult a lawyer. If you do not have or know a lawyer, then you should go to or telephone the office set forth below to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: 1-800-990-9108 PORTIONS OF THE APPLICABLE PENNSYLVANIA RULES OF CIVIL PROCEDURE CONCERNING DISCOVERY OF ASSETS IN AD OF EXECUTION: Rule 3117. Discovery in Aid of Execution "(a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the Defendant, take the testimony of any person, including a Defendant or a garnishee, upon oral examination or written interrogatories as provided by the rules relating t6 Depositions and Discovery .... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceedings that he has property liable to execution. (emphasis added) Rule 4005. Written Interrogatories to a Party "(a)... any party may serve upon any other party the original[ and two copies of written interrogatories to be answered by the party served Rule 4006. Answers to Written Interrogatories by a Party "(a)(1) Answers to Interrogatories shall be in writing under oath. The answers shall be inserted in the spaces produced in the interrogatories. If there is; insufficient space to answer interrogatory, the remainder of the answer shall follow on a supplemental sheet. (a)(2) Each interrogatory shall be answered fully and completely unless objected to, in which event the reasons the reasons for the objection shall be stated in lieu of an answer... The answering party shall file and serve a copy of the answers and objections if any, within 30 days after the service of the interrogates... Rule 4019. Sanctions "(a)(1) The court may, on motion, make an appropriate order (I)a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this Rule, may make... (4) an order imposing punishment for contempt.. (emphasis added) 1. State whether you are currently employed. If so, state the name and address of your employer, the amount of your income and whether you are paid weekly, semimonthly, bi-weekly, monthly, or in some other fashion. If you are self-employed, state the name of your business, address, nature of your business and annual income. ANSWER: 2. ACCOUNTS. State whether or not you maintain any checking or savings accounts. If so, state the name and location of the bank(s) or savings and loan association or credit union and the branch or branches thereof, the identification (account) numbers of each account, and the amount or amounts you have in each account. If you maintain any of these jointly with another person, give their name, address and state their interest in the asset. Also provide the above information with respect to any such bank accounts which were maintained and which were closed within the past twelve (12) months. ANSWER: 3. REAL ESTATE. Do you have an ownership or interest in any real estate anywhere in the United States? If so, set forth a brief description thereof, including the lot size and type of construction; the location, including the state, county, and municipality; the book and page number of the official record: and state further whether you own it solely or together with any other Person or persons and give their full names, addresses and :state their interest in the asset. If any of the above properties are mortgaged, supply the names and addresses of the lenders], the date and amount of the mortgage, where it is recorded, the monthly payments and the balance now due. ANSWER: 4. DEBTS, NOTES & JUDGMENTS. State the names and addresses of any and all persons whom you believe owe you money and set forth in detail the amount of money owed, the terms of payment and whether or not you have written evidence of this indebtedness, and if so, the location of such writing. Also state if the matter is in litigation, and if so, give full details. If you hold a judgment or judgments as security for any of these debts, state where and when the judgment was recorded; and the county, number and term where the judgment is recorded. If you hold this judgment jointly with any other person or persons, give their name and address and state their interest in the Judgment. ANSWER: 5. INSURANCE. State whether or not you are the owner of any life insurance contracts. If so, state the serial or policy number or numbers of said contract, the face amount, the exact name and address of the insurance company, the named beneficiary or beneficiaries and their present address. If you own this insurance jointly with any other person ,ar persons, give their name, address and state their interest in said asset. ANSWER: 6. MORTGAGES. State whether you own any mortgage against real estate owned by any other person in the States. If so, state whether or not you own this mortgage with any other person or persons and, if so, supply their full names and addresses and state their interest in the mortgage. State further the names and addresses of all mortgagors and the state and county where said mortgage is recorded with the number of the volume and the page number. ANSWER: 7..4 GREEMENTS. State whether you have any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is with and whether or not any persons are joined with you in the Agreement. Supply full names and addresses of all parties concerned and their interest therein. If the agreement is recorded, provide the state and county of recordation, book and page numbers. ANSWER: 8. STOCKS, SHARES OR INTERESTS. State whether or not you own any stocks, shares or interests in any corporation, unincorporated association, company or partnership (limited or general) and state the location thereof. Include the names and addresses of the organizations and include the serial numbers of the shares or stock. If you own any of the stock, shares or interests jointly with any other person or persons, give their names, addresses and state their interest in the asset. ANSWER: 9. GOVERNMENT, MUNICIPAL OR CORPORATE BONDS. State whether or not you own individually or jointly any corporate or governmental bonds including U.S. Savings Bonds. If so, include the face amount, serial numbers and maturity date and state the present location thereof. If you own any of these bonds jointly with any other person or persons, give their names, addresses and state their interest in said asset. ANSWER: I O. INVESTMENTS. State whether or not you own any mutual funds, money market accounts, commodities or art and, if so, please state the details concerning the asset owned, its nature, value and its location. If it is owned jointly with any other person, give their name, address and state their interest in said asset. ANSWER: 11. SAFETY DEPOSIT BOXES. State whether or not you maintain any safety deposit box or boxes. If so. include the names of the bank or banks, branch or branches, and the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If you maintain any of these jointly with another Person, give their full name and address and state their interest in said asset. ANSWER: 12. TRANSFERRED ASSETS AND GIFTS. If, since the date this debt to .WELLS FARGO FINANCIAL LEASING, INC., was first incurred, you have transferred any assets (including real property or personal property) to person and/or, if you have giw:n any gift of any assets, including money, to any person, set forth, in detail, a description type of transaction, and the name and address of the transferee or recipient, ANSWER: 13. INHERITANCE. State whether or not, to your knowledge you are now or will be a beneficiary of or will inherit any money from any decedent in the United States, and state the place and date of death, the legal representative of the estate, and the location of the court where in the estate is administered or to be administered. ANSWER: 14. ANNUITIES. State whether you are a beneficiary of any trust fund or accounting and if so, state the names and addresses of the trustees and the amount of the payment and when the payment is received. ANSWER: 15. PERSONAL PROPERTY. Set forth a full description of all fumishings and any other items of personal property (including jewelry) with full description, value and present location. State also whether or not there are any encumbrances against that property and if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of encumbrance, the present balance of that encumbrance and transaction which gave rise to the existence of the encumbrance. If you own any personal property jointly with any other person or persons, give their names and addresses. ANSWER: 16. RENTAL INCOME. State whether you are the recipient, directly or indirectly, of any income for the rental of any real or personal property; and if so, state specifically the source of payment, the person from whom such payments are received and the amount and date when those payments are received. ANSWER: 17. MOTOR VEHICLES. State whether or not you own any motor vehicles. Include a full description of such motor vehicles including color, model, title number, serial number and registration plate number. Also show the exact name or names in which the motor vehicles are registered, the present value of those motor vehicles and their pre, sent location and place of regular storage or parking, State also whether or not there are any liens or encumbrances against those motor vehicles and if so, the name and address of the encumbrance, the present balance of the encumbrance and the transaction which gave rise to the existence of the encurnbrance. ANSWER: 18. PENSION. State whether you are a participant in or the recipient of any pension or annuity fund, and if so, state specifically the source of payment, the person to whom such payments are made, the amount of the payments and date when those payments are received. ANSWER: 19. OTHER ASSETS. If you have any asset or assets which are not disclosed in the preceding seventeen interrogatories, please set forth all details concerning those assets. ANSWER: THO~ylAS P. GIVAS, ESQ. PA ~ 79445 AL/I, PAPPAS & COX, P.C 6 ~/4 James Street, Suite 1 O0 S~acuse, New York 13203 Telephone: 315-472-4481 COMMON PLEAS OF PENNSYLVANIA COUNTY OF CUMBERLAND ) )SS.] ) We, Tommy L. Bloser, Steven L. Bloser, Cindy Bloser and Marty Bloser, being duly sworn, deposes and says that Deponents are the Defendants in the above-captioned action, that Deponent has read the foregoing Interrogatories and the Answers thereto and knows the contents thereof; that the foregoing Answers are true. Deponents understands that any and all false statements are subject to the penalties of 18 Pa. C.S. 4903 relating to sworn falsification to authorities. TOMMY L. BLOSER STEVEN L. BLOSER CINDY BLOSER MARTY BLOSER Sworn to before me this day of ,2004 Notary Public CERTIFICATE OF SERVICE I, Thomas P. Givas, Esq., hereby certify that a tree and ~o~ copy of the foregoing Interrogatories to Defendant in Aid of Execution was served this I ~ day of September, 2004 on the following: t By Mail TOMMY L. BLOSER ? STEVEN L. BLO$,E~_../ CINDY BLOSF..~' PAzI~ #79445 ap, PAPPAS & .cox, P.C. ~ttomeys for Plain. tif..f ,,.,. 614 James Street, Suite 100/ Syracuse, New York 13203 Telephone: 315-4'72-4481 LUCIEN ALI C. ANDREW PAPPAS ROBERT B. COX THOMAS P, GIVASo P. DOUGLAS DODD° · 1' DAVID P. DOHERTY 1' 0 BENJAMIN D. LEVlNE· °ALSO ADMH-rED IN PENNSYLVANIA · ALSO ADMrrrED IN FLORIDA 0ALSO ADMI'I-FED IN NEW JERSEY 1' ALSO ADMITTED IN MASSACHUSE'I-I'S ALI, PAPPAS & COX, P.C.. ATTORNEYS AND COUNSELORS AT LAW 614 JAMES STREET SUITE 100 SYRACUSE, NEW YORK 13203-2220 AREA CODE (315)-472-4481 OR FAX (315) 472-8299 or (315)67%1785 OF COUNSEL EDWARD F, GERBER RICHARD E RIFKEN CAROLYN R. FRIEDMAN ANTHONY J. DiCAPRIO October 14, 2004 TOMMY L. BLOSER STEVEN L. BLOSER CINDY BLOSER MARTY BLOSER 210 Barnstable Road Carlisle, PA 17013 Wells Fargo Financial Leasing, Inc. as successor in Interest to Telmark, LLC vs. Tommy L. Bloser, Steven L. Bloser, Cindy Bloser and Marty Bloser Civil Action No.: 04-2807 Civil Term Dear Tommy, Steven, Cindy and Marty: You failed to respond to our prior correspondence directing you to provide us the complete Interrogatories in Aid of Execution and Post Judgment Request for Documents which was sent to you on September 16, 2004. If we do not receive your answer immediately we will be making a motion before the Court requesting the imposition of fines and sanctions. Thank you Very truly. THOMAS tgivas~alipa[ TPG/lr cc: Sheil This is an attempt to collect a debt, any information obtained will be used for that purpose. This communicatior!is from a debt collector. m ~ coo~/~tion in this matter. At; & C03~/Py. t~Daughton WELLS FARGO FINANCIAL LEASING, INC., as successor in interest to TELMARK, LLC, Plaintiff, TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, and MARTY BLOSER, Defendants/Respondents. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA NO.: C1-04-2807 Civil Term CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this /~' day of ~,V6d,,r~ 2004, upon consideration of the foregoing petition, it is hereby ordered that (1) a Rule is issued upon the Respondents to SHOW CAUSE why the Petitioner is not entitled to the relief requested; that the Defendants be compelled to answer Plaintiff's Interrogatories in Aid of Execution and produce documents withiin a period of time specified by the Court; (2) The Respondents shall file an answer to the Petition within 2. o days of this date; (2) the Petition shall be decided under Pa.R.C.P. No. 206.7; 3 d 'ti 11 be ted wit' days (4) argument shall be held on ~_~/~. of the Cumberland County Courthouse; and (5) notice of the entry of this order shall be provided to all parties by the Petitioner. WELLS FARGO FINANCIAL LEASING, INC., as successor in interest to TELMARK, LLC, Plaintiff, VS. TOMMY L. BLOSER, STEVEN L. BLOSER, MARTY BLOSER, and CINDY BLOSER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA PETITION/MOTION TO COMPEL INTERROGATORIES ,PRODUCE DOCUMENTS OR IMPOSE SANCTIONS NO.: C 1-04-2807 Civil Term CIVIL ACTION - LAW STATE OF NEW YORK ) )SS.: COUNTY OF ONONDAGA ) Wells Fargo Financial Leasing, Inc., by and through its attorneys, Ali, Pappas & Cox, P.C., Thomas P. Givas, Esq., deposes and says the following: 1. Deponent is duly licensed attorney in the Commonwealth of Pennsylvania, is a member of Ali, Pappas & Cox, P.C., the attorneys for the Plaintiff, and as such, is familiar with the facts and proceedings herein. 2. Wells Fargo Financial Leasing, Inc., by its nndersigned attorneys, moves this Court pursuant to Rules 3117, 4005, 4009 and 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling the Defendants to fully answer Plaintiff's Interrogatories and produce the requested documents and in support of the said Petition, Deponent states as follows: 3. On or about June 18, 2004, a Notice to Defend and Complaint were filed in the above-referenced action which were thereafter served on June 2;2, 2004. 4. A Judgment was taken on or about August 26, 2004, by the Plaintiff against the Defendants in the sum of $8,863.40. A copy of that Judgment is annexed hereto, made a part hereof and labeled Exhibit A. 5. On or about September 16, 2004, the Plaintiff served Interrogatories and a Request for Production of Documents upon the Defendants via First Class Mail. Copies of those Interrogatories and requests are annexed hereto, made a part hereof and labeled Exhibit B. The Certificate of Service is annexed as Exhibit C. 6. The Defendants have not appeared by an attorney. Plaintiff has requested the answers and documents. However, the Defendants have failed to produce the requested responses and documents. 7. The Defendants' responses were due within thirty days thereof, but none has been received as of the date hereof. 8. Plaintiff requests an Order pursuant to Pa.R.C.P. 4019, compelling Defendants to answer said Interrogatories and produce the requested docume ',./ WHEREFORE, Plaintiff respectful~:~ to appro¢~p~sed order annexed hereto. ~'J / ~'~t~' TH9 AS P. CIV^S, ESQ. PAfiD # 79445 A/LI, PAPPAS & COX, P.C. ~14 James Street, Suite 100 ~yracuse, New York 13203 Telephone: 315-472-4481 VERIFICATION I, Thomas P. Givas, verify that I am the attorney for Wells Fargo Financial Leasing Inc., (formerly known as Telmark LLC), Plaintiff herein, and, as such, I am authorized and do make this verification, and state that the averments of facts set forth in the foregoing Motion/Petition are true and correct to the best of my knowledge or information and beliefi I understand that the statements therein are ma/de subject to the~,,~alties of 18 ea. Cons. Stat §4904 relating to unsworn falsification to .ant~~/ y/~ BY: T?MAS P. GIVA~ DATED: LUCIEN ALI C. ANDREW PAPPAS ROBERT B, COX THOMAS P, GIVASo P. DOUGLAS DODDo e ~ DAVID P. DOHERTY T 0 BENJAMIN D, LEVINE* °ALSO ADMI'I-rED IN PENNSYLVANIA *ALSO ADMITTED IN FLORIDA OALSO ADMITTED IN NEW JERSEY 1' ALSO ADMITTED IN MASSACHUSETTS ALI, PAPPAS & COX, P.C. A]-FORNEYS AND COUNSELORS AT LAW 614 JAMES STREET SUITE 100 SYRACUSE, NEW YORK 13203-2220 AREA CODE (315)-472-4481 OR FAX (315) 472-8299 or (315)671-1785 OF COUNSEL EDWARD F. GERBER RICHARD E. RIFKEN CAROLYN R. FRIEDMAN September 16, 2004 TOMMY L. BLOSER STEVEN L. BLOSER CINDY BLOSER MARTY BLOSER 210 Bamstable Road Carlisle, PA 17013 Wells Fargo Financial Leasing, Inc. as successor in interest to Telmark, LLC vs. Tommy L. Bloser, Steven L. Bloser, Cindy Bloser and Marty Bloser Civil Action No.: 04-2807 Civil Term Dear Tommy, Steven, Cindy and Marty: Enclosed herewith please find a copy of the Judgment that was entered against you in the Cumberland County Prothonotary's Office on August 26, 2004. Also enclosed is a copy of the Interrogatories in Aid of Execution and Post Judgment Request for Documents. Please fill out the answers and return to the undersigned with in thirty (30) days of the date of this letter. This letter is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. If you have any/q~stions or require anything additional, please do not hesitate to contact me. Thank yTu/~/your anticipated cooperation in this matter. Very tru~ y~}~t~rs, I I / :uoM /s ESQ. / TPG/Ir t ~ / enc. [ cc: S~la D~hton IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK, LLC Plaintiff, VS. TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER Defendants. CIVIL ACTION LAW No.: C1-04-2807 Civil Term Pi%M~CIPE FOR ENT~ '~ OF DEFAULT JUDGMEIif~ AGAINST TOMMY L. BEDSEt~, STEVEN L. BLOSER, CINDY BLOSER AND MARTY BLOSER Filed on behalf of Plaintiff, Wells Fargo Financial Leasing, Inc. Cotmsel of Record for This Party: Thomas P. Givas, Esq. PA Id. $$79445 ALI, PAPPAS & COX, P.C. Attorneys for Plaintiff 614. James Street Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WELLS FARGO FINANCIAL LEAINSING, INC., as successor in Interest to TELMARK, LLC Plaintiff, VS. TOMMY L. BLOSER~ STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER Defendants. CIVIL ACTION LAW No.: 04-2807 Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER AND MARTY BLOSER TO: Cumberland County Prothonotary Please enter Default Judgment in favor of the Plaintiff and against the Defendants, Tommy L. Bloser, Steven L. Bloser, Cindy Bloser and Marty Bloser by default for the Defendants' failure to file an Answer to Plaintiffs Complaint against the Defendant. Plaintiffs damages are assessed as follows: Principal amount due: Count One Interest: 4/22/04 110 x 1.40 Court Costs: Filing Fees Service Fees TOTAL: $ 8,571.00 $ 154.00 $ 55.50 $... 82.90 $ 8,863.40 I hereby certify that written notice of the intention to take a Det~ult Judgment was mailed or delivered to the party against whom Judgment is to be entered and to their attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of the notice of intention to enter Judgment by default is attached hereto as Exhibit "A." It is further certified that all extensions .of time for the filing of an ffmswer has expired. No Answer has been received as of this date. ~AS&~ O~/~,.X~/~.. P. CIVAS, ESQ. P/A ID #79445 6'14 James Street, Suite 100 /~{/ ~yracuse, New York 13203 DATED: ~ ~)t~ Telephone: 315-472-4481 ASSESSMENT OF DAMAGES NOW ~, 2004, Judgment is entered in favor of the Plaintiff against the Defendants Tommy~' -L. Bloser, Steven L. Bloser, Cindy Bloser and Marty Bloser by default for want of filing an Answer to Plaintiff's Complaint and damages assessed in the sum of Eight Thousand Eight Hundred Sixty Three Dollars and 40/100 ($8,863.40), as per above statement. WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK, LLC Plaintiff, -VS- TOMMY L. BLOSER, STEVEN L. BLOSER CINDY BLOSER, MARTY BLOSER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.: 04-2807 Civil Term CERTIFICATION OF ADDRESSES TO: THE PROTHONOTARY: The address of the Plaintiff/Judgment Creditor, Wells Fargo Financial Leasing, Inc., P.O. Box 4943, Syracuse, New York 13221, and the last known ad&'ess of the Defendants: TOMMY L. BLOSER STEVEN L. BLOSER CINDY BLOSER MARTY BLOSER 210 Barnstable Road, s, THOI~AS~. GD~S, ESQ. PA ~J) #79445 ax?, vAv_ n_S_& cox, v.c. A/ftomeys for Plaintiff /614 James Street /Suite 100 Syracuse, New York 13203 Telephone: (315) 472-4481 WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK LLC, Plaintiff, -VS- TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER, Defendants. : IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PA CIVIL ACTION - LAW NO: C1-04-04807 NOTICE OF ENTRY OF JUDGMENT NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concerning th~//~e contact'~ TI~S P. GI lAS, ESQ./ P/A ID #79445 /ALI, PAPPAS & COX, P.C. / Attorneys for Plaintiff ~ 614 James Street Suite 100 Syracuse, New York 13203 Telephone: (315) 472-4481 IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, COMMONWEALTH OF PENNSYLVANIA 9TM JUDICIAL DISTRICT WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK, LLC, Plaintiff, CIVIL ACTION LAW No.: 04-28©7 Civil Term VS. TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, NIARTY BLOSER Defendants. NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT AGAINST TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER and MARTY BLOSER Filed on behalf of Plaintiff, Wells Fargo Financial Leasing, Inc., Counsel of Record for This Party: Thomas P. Givas, Esq. PA Id. #79445 ALI, PAPPAS & COX, P.C. Attorneys :~'or Plaintiff 614 James Street, Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA 9th JUDICIAL DISTRICT WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK LLC, Plaintiff, -vs- TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER, Defendants. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.: 04-2807 Civil Term NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT AGAINST TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER & MARTY BLOSER TO: TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER 150 Barn Stable Road Carlisle, PA 17013 DATE OF NOTICE: July 21, 2004 IMPORTANT NOTICE YOUR 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. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF SERVICE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTI-~R 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNtrY BA/t~ ASSOCIATION 2 Liberty Av _,~nue // Carlisle, P~tT7013 /7 / / / Tj OmS P. GIVAS, ESQ. / )PA ID #79445 /ALI, PAPPAS & COX, P.C. /_Attorneys for Plaimiff [/ 614 James Street v Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 CERTIFICATE OF SERVICE I, Thomas P. Givas, Esq., hereby certify that a tree and correct copy of the foregoing Notice of Prae¢ip¢ for Default Judgment was served this .4~Irl day of July, 2004 on the following: By Regular Mail: TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER AND M~_/I~Y BLOSER 150 Barn Pr(able Road /? ~l~si--~ 17013-- ~'/// /PA ID #7944S ALI, PA??nS & COX, P.a. / Attorneys for Plaintiff 614 James Street Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 WELLS FARGO FINANCIAL LEASING, INC., as successor in interest to Telmark, LLC Plaintiff, TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO.: C1-04-2807 CivilTerm INTERROGATORIES TO DEFENDANT IN AID OF EXECUTION Because you have failed to pay the amount of the Judgment of $8,863.40 against you entered in favor of WELLS FARGO FINANCIAL LEASING, INC. at P.O. Box 4943, Syracuse, New York 13221-4943, WELLS FARGO FINANCIAL LEASING, INC. has the right to attempt to enforce that Judgment by a judicial sale (sheriffs sale) of your assets. WELLS FARGO FINANCIAL LEASING, INC. also may inquire concerning the .existence and location of those assets. Pursuant to the applicable Pennsylvania Rules of Civil Procedure you are required to make full and complete answers to the questions set forth on the following pages. These answers must be made in writing, under oath, within thirty (30) days after serdce upon you and sent to counsel for WELLS FARGO FINANCIAL LEASING, INC.; THOMAS P. GiVAS, ESQ., ALI, PAPPAS & COX, P.C., 614 James Street, Suite 100, Syracuse, New York 13203. Please attach additional sheets if necessary to completely answer~uestions. Should you fail to answer, the Court may enter an Order imposing sanctions against you. If you do not understand your duty to answer these questions, you should consult a lawyer. If you do not have or know a lawyer, then you should go to or telephone the office set forth below to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: 1-800-990-9108 PORTIONS OF THE APPLICABLE PENNSYLVANIA RULES OF CIVIL PROCEDURE CONCERNING DISCOVERY OF ASSETS IN AID OF EXECUTION: Rule 3117. Discovery in Aid of Execution "(a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the Defendant, take the testimony of any person, including a Defendant or a garnishee, upon oral examination or written interrogatories as provided by the rules relating t6 Depositions and Discovery .... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it is ascertained by the discovery proceedings that he has property liable to execution. (emphasis added) Rule 4005. Written Interrogatories to a Party "(a)... any party may serve upon any other party the original and two copies of written interrogatories to be answered by the party served Rule 4006. Answers to Written Interrogatories by a Party "(a)(1) Answers to Interrogatories shall be in writing under oath. The answers shall be inserted in the spaces produced in the interrogatories. If There is insufficient space to answer interrogatory, the remainder of the answer shall follow on a supplemental sheet. (a)(2) Each interrogatory shall be answered fully and completely unless objected to, in which event the reasons the reasons for the objection shall be stated in lieu of an answer... The answering party shall file and serve a copy of the answers and objections if any, within 30 days after the service of the interrogates... Rule 4019. Sanctions "(a)(1) The court may, on motion, make an appropriate order (I)a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this Rule, may make... (4) an order imposing punishment for contempt.. (emphasis added) 1. State whether you are currently employed. If so, state the narne and address of your employer, the amount of your income and whether you are paid weekly, semimonthly, bi-weekly, monthly, or in some other fashion. If you are self-employed, state the name of your business, address, nature of your business and annual income. ANSWER: 2. ACCOUNTS. State whether or not you maintain any checking or savings accounts. If so, state the name and location of the bank(s) or savings and loan association or credit union and the branch or branches thereof, the identification (account) numbers of each account, and the amount or amounts you have in each account. If you maintain any of these jointly with another person, give their name, address and state their interest in the asset. Also provide the above information with respect to any such bank accounts which were maintained and which were closed within the past twelve (12) months. ANSWER: 3. REAL ESTATE. Do you have an ownership or interest in any real estate anywhere in the United States? If so, set forth a brief description thereof, including the lot size and type of construction; the location, including the state, county, and municipality; the book and page number of the official record: and state further whether you own it solely or together with any other Person or persons and give their full names, addresses and state their interest in the asset. If any of the above properties are mortgaged, supply the names and addresses of the lenders], the date and amount of the mortgage, where it is recorded, the monthly payments and the balance now due. ANSWER: 4. DEBTS, NOTES & JUDGMENTS. State the names anLd addresses of any and all persons whom you believe owe you money and set forth in detail the amount of money owed, the terms of payment and whether or not you have written evidence of this indebtedness, and if so, the location of such writing. Also state if the matter is in litigation, and if so, give full details. If you hold a judgment or judgments as security for any of these debts, state where and when the judgment was recorded; and the county, number and term where the judgment is recorded. If you hold this judgment jointly with any other person or persons, give their name and address and state their interest in the Judgment. 9. GOVERNMENT, MUNICIPAL OR CORPORATE BONDS. State whether or not you own individually or jointly any corporate or governmental bonds including U.S. Savings Bonds. If so, include the face amount, serial numbers and maturity date and state the present location thereof. If you own any of these bonds jointly with any other person or persons, give their names, addresses and state their interest in said asset. ANSWER: 10. INVESTMENTS. State whether or not you own any mutual funds, money market accounts, commodities or art and, if so, please state the details concerning the asset owned, its nature, value and its location. If it is owned jointly with any other person, give their name, address and state their interest in said asset. ANSWER: 11. SAFETY DEPOSIT BOXES. State whether or not you maintain any safety deposit box or boxes. If so. include the names of the bank or banks, branch or branches, and the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If you maintain any of these jointly with another Person, give their full name and address and state their interest in said asset. ANSWER: 12. TRANSFERRED ASSETS AND GIFTS. If, since the date this debt to .WELLS FARGO FINANCIAL LEASING, INC., was first incurred, you have transferred any assets (including real property or personal property) to person and/or, if you have given any gift of any assets, including money, to any person, set forth, in detail, a description type of transaction, and the name and address of the transferee or recipient, ANSWER: 13. INHERITANCE. State whether or not, to your knowledge you are now or will be a beneficiary of or will inherit any money from any decedent in the United States, and state the place and date of death, the legal representative of the estate, and the location of the court where in the estate is administered or to be administered. ANSWER: 14. ANNUITIES. State whether you are a beneficiary of any trust fund or accounting and if so, state the names and addresses of the trustees and the amount of the payment and when the payment is received. ANSWER: 15. PERSONAL PROPERTK Set forth a full description of all furnishings and any other items of personal property (including jewelry) with full description, value and present location. State also whether or not there are any encumbrances against that property and if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of encumbrance, the present balance of that encumbrance and transaction which gave rise to the existence of the encumbrance. If you own any personal property jointly with any other person or persons, give their names and addresses. ANSWER: 16. RENTAL INCOME. State whether you are the recipient, directly or indirectly, of any income for the rental of any real or personal property; and if so, state specifically the source of payment, the person from whom such payments are received and the amount and date when those payments are received. ANSWER: 17. MOTOR VEHICLES. State whether or not you own any motor vehicles. Include a full description of such motor vehicles including color, model, title number, serial number and registration plate number. Also show the exact name or names in which the motor vehicles are registered, the present value of those motor vehicles and their present location and place of regular storage or parking, State also whether or not there are any liens or encumbrances against those motor vehicles and if so, the name and address of the encumbrance, the present balance of the encumbrance and the transaction which gave rise to the existence of the encumbrance. ANSWER: 18. PENSION. State whether you are a participant in or the recipient of any pension or annuity fund, and if so, state specifically the source of payment, the person to whom such payments are made, the amount of the payments and date when those payments are received. ANSWER: 19. OTHER ASSETS. If you have any asset or assets which are not disclosed in the preceding seventeen interrogatories, please set forth all details concerning those assets. ANSWER: f PA ~D# 79445 Al/I, PAPPAS & COX, I?.C 6 ~4 James Street, Suite 100 S~acuse, New York 132(}3 Telephone: 315~472-4481 COMMON PLEAS OF PENNSYLVANIA COUNTY OF CUMBERLAND We, Tommy L. Bloser, Steven L. Bloser, Cindy Bloser and Marry Bloser, being duly sworn, deposes and says that Deponents are the Defendants in the above-captioned action, that Deponent has read the foregoing Interrogatories and the Answers thereto and knows the contents thereof; that the foregoing Answers are true. Deponents understands that any and all false statements are subject to the penalties of 18 Pa. C.S. 4903 relating to sworn falsification to authorities. TOMMY L. BLOSER STEVENL. BLOSER CINDY BLOSER Sworn to before me this day of ,2004 MARTY BLOSER Notary Public CERTIFICATE OF SERVICE I, Thomas P. Givas, Esq., hereby certify that a tree and ~c~,~f copy of the foregoing Interrogatories to Defendant in Aid of Execution was served this ]~ day of September, 2004 on the following: t By Mail TOMMY L. BLOSER STEVEN L. BLOSE~./ CINDY BLOS~k'~' THO~AS~. Gi,~iAS: ~'~. PA~D #79445 ,~I, PAPPAS & COX, P.C. ~ttomeys for Plair~if..f 614 James Street, Suite 100/ Syracuse, New York 13203 Telephone: 315-4'72-4481 LUCIEN ALI C. ANDREW PAPPAS ROBERT B. COX THOMAS Pt GIVAS° P. DOUGLAS DODD° · 1' DAVID P. DOHERTY 1' 0 BENJAMIN D. LEVINE · °ALSO ADMIT[ED IN PENNSYLVANIA eALSO ADMITTED IN FLORIDA OALSO ADMITTED IN NEW JERSEY ALSO ADMITTED IN MASSACHUSETTS ALI, PAPPAS & COX, P.C. ATTORNEYS AND COUNSELORS AT LAW 614 JAMES STREET SUITE 100 SYRACUSE, NEW YORK 13203-2220 AREA CODE (315)-472-4481 OR FAX (315) 472-8299 or (315)671-1785 OF COUNSEL EDWARD F GERBER RICHARD E. RIFKEN CAROLYN R. FRIEDMAN ANTHONY J. DiCAPRIO October 14, 2004 TOMMY L. BLOSER STEVEN L. BLOSER CINDY BLOSER MARTY BLOSER 210 Bamstable Road Carlisle, PA 17013 Wells Fargo Financial Leasing, Inc. as successor in Interest to Telmark, LLC vs. Tommy L. Bloser, Steven L. Bloser, Cindy Bloser and Marty Bloser Civil Action No.: 04-2807 Civil Term Dear Tommy, Steven, Cindy and Marry: You failed to respond to our prior correspondence directing you to provide us the complete Interrogatories in Aid of Execution and Post Judgment Request for Documents which was sent to you on September 16, 2004. If we do not receive your answer immediately we will be making a motion before the Court requesting the imposition of fines and sanctions. This is an attempt to collect a debt, any information obtained wiill be used for that purpose. This communicatiog is from a debt collector. Thank you for~/ coo~,~tion in this matter. CERTIFICATE OF SERVICE; I, Thomas P. Givas, Esq., hereby certify that a true and correct copy of the foregoing Rule, Petition/Motion to Corn;~el Interrogatories, Produce Documents or Impose Sanctions was served this,~_~y of December', 200.4 on the following: By Regular Mail: STEVEN L. BLOSER 210 Barn Stable Road / THOM;~rS P. GIVAS, ESQ, ~I,~APPAS a COX, P.C. PA~ ~ 79445 A~omeys for Plaintiff 614 James Street, Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 CERTIFICATE OF SERVICE I, Thomas P. Givas, Esq., hereby certify that a tree and correct copy of the foregoing Rule, Petition/Motion to~Q~agel Interrogatories, Produce Documents or Impose Sanctions was served this~_~l~y of December ,2004 on the following: By Regular Mail: TOMMY L. BLOSER 210 Bam Stable Roasl/ Car~~ ~~..) THg~AS P. GIVAS,,ESQ, / AI_/I, PAPPAS & COX, P.C. PA ID # 79445 Attorneys for Plaintiff 614 James Street, Suite 100 Syracuse, New York 1'~203 Telephone: 31 $-472-4481 0'-I- CERTIFICATE OF SERVICE I, Thomas P. Givas, Esq., hereby certify that a true a~td correct copy of the foregoing Rule, Petition/Motion tp..C.o~pel Interrogatories, F'roduce Documents or Impose Sanctions was served thisa~_~o' ~t~,n,day of December, 2004 on the following: By Regular Mail: CINDY BLOSER 210 Barn Stable Road ~ T ESQ ALI,/FAPPAS & COX, P.C. / PA/ID # 79445 A~torneys for Plaintiff 614 James Street, Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 CERTIFICATE OF SERVICE I, Thomas P. Givas, Esq., hereby certify that a tree and correct copy of the foregoing Rule, Petition/Motion tor~t~apel Interrogatories, Produce Documents or Impose Sanctions was served thi~_~_~Jday ofD~cember, 2004 on the following: By Regular Mail: MARTY BLOSER 210 Bam Stable Ro~d C arlisle~ A~/l, PAPPAS & COX, P.C. ~A ID g 79445 ARomeys for Plaimiff 614 James Street, Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 CERTIFICATE OF SERVICE I, Thomas P. Givas, Esq., hereby certify that a true a~d correct copy of the foregoing Rule, Petition/Motion to Qojllgel Interrogatories, F'roduce Documents or Impose Sanctions was served this ~lay of December, 2004 on the following: By Regular Mail: CINDY BLOSER 150 Barn Stable Road~,~ THO~iI~S ~ GIVAS, 5so, AL~APPAS & COX, P.C. Pti ID g 79445 ~ A~omeys for Plaintiff 614 Jmes Street, Suite 100 Syracuse, New York 13203 Telephone: 315-472-4481 WELLS FARGO FINANCIAL LEASING, INC., as successor in Interest to TELMARK, LLC IN THE COURT OF COMMON PLEAS Plaintiff, OFCUMBERLAND COUNTY, PENNSYLVANIA vs. TOMMY L. BLOSER, STEVEN L. BLOSER, CINDY BLOSER, MARTY BLOSER, PRAECIPE TO SATISFY JUDGMENT Defendants. CIVIL ACTION -LAW NO.: CI-04-2807 TO THE PROTHONOTARY: Please mark the Judgment in this action against the Defendants Tommy L. Blaser, Steven L. Blaser, Cindy Blaser and Marty Blaser, satisfied. Dated: January 31, 2005 4 //#7 / ~. (II .,;./1- ALI,I'A AS & COX, P.C. By:tHOMAS P. GIV AS, ESQ. P r: Bar #79445 Attorneys for Plaintiff 614 James Street, Suite 100 Syracuse, New York 13203 Tel: (315) 472-4481 r'~.) ,:,' ..~ <,,':7 C.,, I -I": ("I; c:::.; I r....:, I:.,) C) r....) SHERIFF'S RETURN - REGULAR CASE NO: 2004-02807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL LEASING VS BLOSER TOMMY L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon BLOSER TOMMY L the DEFENDANT , at 1050:00 HOURS, on the 6th day of January ,2005 at 210 BARN STABLE ROAD CARLISLE, PA 17013 by handing to TOMMY L. BLOSER a true and attested copy of RULE TO SHOW CAUSE together with PETITION/MOTION TO COMPEL INTERROGATORIES PRODUCE DOCUMENTS OR IMPOSE SANCTIONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 ~,,"".'..<.~.' ~. ..~""'5J;" . 'c<"'" - "," t;.~;".... v:-v--*C. '1 // .r_df R. Thomas Kline 01/07/2005 ALl PAPPAS & COX Sworn and Subscribed to before metiis 1'1 (!::-. day of ll1A~ o2P01 A.D. l ~_ 0 /l1,P;,... 1l1/~/ I P othonotary , , By: ~t- {.) ~ Deputy'13heriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL LEASING VS BLOSER TOMMY L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon BLOSER STEVEN L the DEFENDANT , at 1050:00 HOURS, on the 6th day of January 2005 at 210 BARN STABLE ROAD CARLISLE, PA 17013 by handing to STEVEN BLOSER a true and attested copy of RULE TO SHOW CAUSE together with PETITION/MOTION TO COMPEL INTERROGATORIES PRODUCE DOCUMENTS OR IMPOSE SANCTIONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ",,,,,"i''''/ ",."':,....,.. '0',. t" ~_'c.. &# .,.,,/~ _. .,~..' ,.- R. Thomas Kline 01/07/2005 ALl PAPPAS & COX Sworn and Subscribed to before By: vld: 2J ~' Deputy Sh~riff h. ''It/? me t l S / ./"1 l~ dm{ " l}'iJ'U- 0 /l1 ,'PP.., A14' rothonotary , day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2004-02807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL LEASING VS BLOSER TOMMY L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon BLOSER CINDY the DEFENDANT , at 1050:00 HOURS, on the 6th day of January ,2005 at 210 BARN STABLE ROD CARLISLE, PA 17013 by handing to TOMMY L. BLaSER, HUSBAND a true and attested copy of RULE TO SHOW CAUSE together with PETITION/MOTION TO COMPEL INTERROGATORIES PRODUCE DOCUMENTS OR IMPOSE SANCTIONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ;~j1.~~?;?r,7~:~':'~..~':,:,,; ~~. ,-,.,"-'1" '- ./: ,'. " R. Thomas Kline 01/07/2005 ALl PAPPAS & COX Sworn and Subscribed to before By: r./.vi; h4 /" Deputy Sheriff j "'. me this 7'- day of .- ) CJa~ JOO:/ A.D. ;' ( );J:/thf~~t>::::f,. , ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL LEASING VS BLOSER TOMMY L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon BLOSER MARTY the DEFENDANT , at 1050:00 HOURS, on the 6th day of January , 2005 at 210 BARN STABLE ROAD CARLISLE, PA 17013 by handing to STEVEN BLOSER, HUSBAND a true and attested copy of RULE TO SHOW CAUSE together with PETITION/MOTION TO COMPEL INTERROGATORIES PRODUCE DOCUMENTS OR IMPOSE SANCTIONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ,:,~:;J~J'f~;;;." /A" ~ .... Z" "A,,~","'~ . ""r.""..... R. Thomas Kline 01/07/2005 ALl PAPPAS & COX Sworn and Subscribed to before By: 1~'U>r/ Deputy Sh~riff me thi s /'1::: day of /)__UA/ JC/oS . A.D. ~ U'i-<L- t? /htNl.. -.~ Ip othonotary .