HomeMy WebLinkAbout04-3917COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-1-02
DJ Name: Hon.
ROBERT V. MANLOVE
Address: 1901 STATE STREET
CAMP HILL, PA
Teiepnone: (717) 761-0583
I
04 - 34/7 11 S 330(o-90
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAMEand ADDRESS _
rGREAT SENECA FINANCIAL CORP, ETC
267 E MARKET ST
% WOLPOFF & AMBRAMSON LLC
LYORK, PA 17403
Vs.
DEFENDANT: NAME and ADDRESS
17011-0000 rSAXTON, WILLIAM C
530 3RD ST
ENOLA, PA 17025-3130
GREAT SENECA FINANCIAL CORP, ETC L
267 E MARKET ST ?DocketNo.: CV-0000192-04
% WOLPOFF & AMBRAMSON LLC Date Filed: 5/11/04
YORK, PA 17403
THIS,IS,TO NOTIFY YOU THAT .K_.,. :
Judgment: DEFAULT JUDGMRNT PLTF
® Judgment was entered for: (Name) [.RRA'P RRNRC.A PTNAVC.TAT, r-nRP, R
Fx? Judgment was entered against: (Name) RAXTON, WTT.T.TAM C
in the amount of $ 1 , 5,41 .62 on: (Date of Judgment) 6114/04
E Defendants are jointly and severally liable.
11 Damages will be assessed on:
El This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § B127 $
Portion of Judgment for physical
damages arising out of residential
lease $
(Date & Time)
Amount of Judgment $ 1,471.12
Judgment Costs $ 70.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 1,541.62
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $ +
ANY PARTY HAS THE RIGHT TO. APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRWT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
[?? G Date District Justice
I ccer/tiiff Z t this is a true n o y 'vr c a pro dings containing the judgment.
lp{{Lf ??14 Date / District Justice
My commission expires first Monday of January, 2006 .
AOPC 315-03 DATE PRINTED: 6/15/04
SEAL
1:29:27 PM
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19
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., NO. -a 917
A MARYLAND CORPORATION,
ASSIGNEE OF FORWARD PROPERTIES,
ASSIGNEE OF ORCHARD BANK
P.O. BOX 1651
ROCKVILLE, MD 20849
Plaintiff
VS.
WILLIAM C SAXTON
530 3RD ST
ENOLA PA 17025-3130
Defendant(s)
TO: WILLIAM C SAXTON
CIVIL ACTION - LAW
NOTICE OF ORDER, DECREE OR JUDGMENT
530 3RD ST
ENOLA PA 17025-3130
You are hereby notified t t the following ORDER, DECREE or JUDGMENT has been
entered against you on t Q q in accordance with the provisions
of Pa. R.C.P. 236.
( ) Decree Nisi in Equity
( ) Final Decree in Equity
( ) Judgment of ( ) Confession ( ) Verdict
( ) Default ( ) Non-suit
( ) Non-pros ( ) Arbitration Award
( ) Judgment is in the amount of $ plus costs.
( X ) District Justice transcript of judgment in civil action in the amount
of $ 1541.62 , plus costs.
( ) If not satisfied within sixty (60) days, your motor vehicle operator's
license will be suspended by the Pennsylvania Department
of Transportation. BY: /? l'J?(/ . I-? ,
Prothonotary
If you have any questions regarding this Notice, please contact the
filing party.
A
Amy Doyle V#2 Daniel F. Wolfson #20617
Bruce H. Cherkis Philip C. Warholic #86341
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
267 East Market Street, York, PA 17403
(717) 846-1252
(This Notice is given in accordance with Pa. R.C.P. 236.)
DJNTC/PANOJ W&A FILE NO. 118330690
21
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., No. O? ^ 31/7
A MARYLAND CORPORATION,
ASSIGNEE OF FORWARD PROPERTIES,
ASSIGNEE OF ORCHARD BANK
P.O. BOX 1651
ROCKVILLE, MD 20849
Plaintiff
Vs.
CIVIL ACTION - LAW
WILLIAM C SAXTON
Defendant(s)
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I, hereby certify that the precise residence of Plaintiff is:
GREAT SENECA FINANCIAL CORP.,
A MARYLAND CORPORATION,
ASSIGNEE OF FORWARD PROPERTIES,
ASSIGNEE OF ORCHARD BANK
P.O. BOX 1651
ROCKVILLE, ND 20849
and certify that the last known address of the within Defendant(s) is:
WILLIAM C SAXTON
530 3RD ST
ENOLA PA 17025-3130
leFDoy C?
Amy #87062
Daniel F. Wolfson #20617
Bruce H. Cherkis x/18837
Philip C. Warholic /86341
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
PCRES/PANOJ W&A FILE NO. 118330690
r7
20
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., No. QCr -- J. T/Z
A MARYLAND CORPORATION,
ASSIGNEE OF FORWARD PROPERTIES,
ASSIGNEE OF ORCHARD BANK
P.O. BOX 1651
ROCKVILLE, MD 20849
Plaintiff
Vs.
CIVIL ACTION - LAW
WILLIAM C SAXTON
Defendant(s)
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Amy F. Doyle, Esquire, being duly sworn according to law, depose and say
that I am the Attorney for the Plaintiff in the above-captioned matter, and that to
the best of my knowledge, information and belief Defendant,
WILLIAM C SAXTON , above-named, is over 21 years of age; is last
known to reside at 530 3RD ST
ENOLA PA 17025-3130
CUMBERLAND County, Pennsylvania; is not in the military service of the
United States or its Allies, or otherwise within the provisions of the
Servicemembers Civil Relief Act and its Amendments.
N? ???
Amy F. Doyle`/?)*%#87062
Daniel F. Wolfson #20617
Bruce H. Cherkis /18837
Philip C. Warholic #86341
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market Street
York, PA 17403
(717) 846-1252
Counsel for Plaintiff
SWORN and SUBSCRIBED to before me this day o?S?V?QQ?a 20
Mc181e M. McHugh, SeFd \ l '
CRY of York. York Carty
\
MyC mIssbnkynresAug.1Z20p8 \?tiOQ ?
Mef iw, Pennsylvanle neaocoom Of NaMft Notary Public
PNMAFF/PANOJ W&A FILE NO. 118330690
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2437
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
P.R.C.P. 3101 to 3149
GREAT SENECA FINANCIAL CORP., IN THE COURT OF COMMON PLEAS OF
A MARYLAND CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA
ASSIGNEE OF FORWARD PROPERTIES,
ASSIGNEE OF ORCHARD BANK
P.O. BOX 1651
ROCKVILLE, MD 20849
Plaintiff
VS. JUDGMENT NO. 043917
WILLIAM C SAXTON
147 HENRY RD
Enola PA 17025-2137 PRAECIPE FOR WRIT OF EXECUTION
(MONEY JUDGMENT)
Defendant (s)
To the Prothonotary: PLEASE ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER.
(1) Directed to the Sheriff of CUMBERLAND COUNTY, Pennsylvania;
(2) against, WILLIAM C SAXTON
147 HENRY RD
Enola PA 17025-2137
Defendant(s);
(3) and against, SOVEREIGN BANK
310 EAST PENN DRIVE
ENOLA PA 17025 Garnishee(s);
(4) Ind index this writ
(a) against, WILLIAM C SAXTON
Defendant(s) and
(b) against, SOVEREIGN BANK , Garnishee(s),
as a lis pendens against the real property of the Defendant(s) in the name of the
Garnishee(s) as follows:
(Specifically describe property) *** GARNISH ONLY ***
You are directed to attach the property of the Defendant(s) not levied upon in the
possession of SOVEREIGN BANK
310 EAST PENN DRIVE
ENOLA PA 17025
Garnishee (s)
All accounts including but not limited to all savings, checking and other accounts,
certificates of deposit, notes receivables, collateral, pledges, documents of
title, securities, coupons and safe deposit boxes.
Amount due
Interest from 06/14/2004
At an interest rate of 62 per year
Dated: -Al/87_ ? L
$ 1541.62
To Be Determined
Total $ 1541.¢2 Plus costs & interest
Amy F. Doyle #87062 / Daniel"F.'WMson #20617
Philip C. Warhol c #86341 / Andrew C. Spears #87737
David R. Galloway #87326 / Tonilyn M. Chippie #87852
Ronald M. Abramson #94266 / Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
iccn T-:-Ai- D--A I-A ri r.-- u; 1 i Ae 17n11 /
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-3917 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GREAT SENECA FINANCIAL CORP., A
MARYLAND CORPORATION, ASSIGNEE OF FORWARD PROPERTIES, ASSIGNEE OF
ORCHARD BANK, Plaintiff (s)
From WILLIAM C. SAXTON, 147 HENRY RD, ENOLA, PA 17025-2137
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of SOVEREIGN BANK, 310 EAST PENN DRIVE, ENOLA, PA 17025 - ALL ACCOUNTS
INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS,
CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES,
DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES.
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $1541.62
L.L. $.50
Interest FROM 6/14/04 AT AN INTEREST RATE OF 6% PER YEAR
Atty's Comm %
Atty Paid $37.25
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: JANUARY 25, 2007
(Seal)
- (??4k
Cu R. Long, Pr o ary
By:
Deputy
REQUESTING PARTY:
Name PHILIP C. WARHOLIC, ESQUIRE
Address: WOLPOFF & ABRAMSON, L.L.P.
4660 TRINDLE ROAD, 3'm FLOOR
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-303-6700
Supreme Court ID No. 86341
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-03917 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
GREAT SENECA FINANCIAL CORP
VS
SAXTON WILLIAM C
And now GERALD WORTHINGTON
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:38 Hours, on the 7th day of February , 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
SAXTON WILLIAM C in the
hands, possession, or control of the within named Garnishee
SOVEREIGN BANK 310 EAST PENN DRIVE
ENOLA, PA 17025
Cumberland County, Pennsylvania, by handing to
GIZEM LESPERANCE (ASST MANGER)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
.00
.00
So answ, .00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
02/09/2007
day of By
Deputy S iff
A.D
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
LU-
C?
Sheriff's Costs: Advance Costs: 150.00
Sheriff's Costs 73.93
Docketing 18.00 76.07
Poundage 1.45
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 10/24/07
Mileage 13.20
Misc.
Surcharge 30.00
Levy
Post Pone Sale
Certified Mail
Postage .78
Garnishee 9.00 n
TOTAL 73.93 ? ???o?l°? `'/'^- So ers,
R. Thomas Kline, Sheriff
?c
By 6 CtUA
EZ :E ca Z- oi Luz
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-3917 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GREAT SENECA FINANCIAL CORP., A
MARYLAND CORPORATION, ASSIGNEE OF FORWARD PROPERTIES, ASSIGNEE OF
ORCHARD BANK, Plaintiff (s)
From WILLIAM C. SAXTON, 147 HENRY RD, ENOLA, PA 17025-2137
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of SOVEREIGN BANK, 310 EAST PENN DRIVE, ENOLA, PA 17025 - ALL ACCOUNTS
INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS,
CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES,
DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES.
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $1541.62
L.L. $.50
Interest FROM 6/14/04 AT AN INTEREST RATE OF 6% PER YEAR
Atty's Comm %
Arty Paid $37.25
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: JANUARY 25, 2007
(Seal)
REQUESTING PARTY:
Name PHILIP C. WARHOLIC, ESQUIRE
Address: WOLPOFF & ABRAMSON, L.L.P.
4660 TRINDLE ROAD, 3an FLOOR
CAMP HILL, PA 17011
Attorney for: PLAINTIFF
Telephone: 717-303-6700
Supreme Court ID No. 86341
Curtis R. ng, Pr ry
By:
Deputy
r t
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., :
A MARYLAND CORPORATION; :
2
ASSIGNEE OF FORWARD • rnC, _
PROPERTIES; ASSIGNEE OF z
ORCHARD BANK, • ce> —
Plaintiff : No. 04-3917 r-
0
VS. N C f,
: CIVIL ACTION - r,.:
WILLIAM C. SAXTON,
Defendant •
PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO
INTERROGATORIES IN AID OF EXECUTION
And now comes Plaintiff and submits the instant Motion to Compel, and in support
thereof avers as follows:
1. Judgment for Plaintiff and against Defendant in the sum of$1,541.62 plus costs was
entered in Cumberland County on August 4, 2004.
2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class
mail on July 26, 2013.
3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were
due within thirty days after they had been served, but none has been received as of the date of
giving notice herein.
4. Counsel for Plaintiff has made a good faith effort to confer with Defendant, but
Defendant has still failed to reply.
5. A copy of this Motion and proposed Order were mailed to Defendant, via first class
mail on August 29, 2013. A certificate of Service is attached hereto as Exhibit "A".
6. As of September 13, 2013, Plaintiff has not received answers to the Interrogatories.
7. Plaintiff requires an Order pursuant to Pa.R.C.P. 4019 (a) (1) (I), compelling the
Defendants to answer the Interrogatories.
8. No Judge has ruled upon other issues in this matter.
9. Concurrence with the Pro Se Defendant has been sought and denied.
WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and
enter an Order directing the Defendant to answer Plaintiff's Interrogatories within twenty(20)
days or risk sanctions, pay fees in the amount of$100.00, as well as such other and further relief
as the Court may deem just and appropriate.
an R. Mege, Esq.
Attorney ID No. 8 88
Attorney for Pl.• tiffs
P.O. Box 142.
Bethlehem, PA 18016-1426
(610) 954-5393
-2-
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., :
A MARYLAND CORPORATION;
•
ASSIGNEE OF FORWARD
•
PROPERTIES; ASSIGNEE OF
•
ORCHARD BANK,
Plaintiff : No. 04-3917
•
vs.
: CIVIL ACTION
WILLIAM C. SAXTON,
•
Defendant
CERTIFICATE OF SERVICE
I, Alan R. Mege, Esquire, hereby certify that on August 29, 2013, I served a true
correct copy of Plaintiffs Motion to Compel Defendant's Answers to Interrogatories in Aid of
Execution and proposed Order by mailing same,first class,postage prepaid to: William C. Saxton,
33 Logan Street, Apt. C, Lewistown, PA 17044.
By:
an R. Mege, Esquire
Atty. I.D. #81288
Attorney for Plai iff
P.O. Box 1426
70 East Broad St.
Bethlehem, PA 18016-1426
RAI
GREAT SENECA FINANCIAL
CORPORATION; ASSIGNEE OF �
FORWARD PROPERTIES; ASSIGNEE
OF ORCHARD BANK IN THE COURT OF COMMON PLEAS
Plaintiff OF THE NINTH JUDICIAL DISTRICT
V.
2004-03917 CIVIL TERM
WILLIAM C. SAXTON,
Defendant
IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO
INTERROGATORIES IN AID.OF EXECUTION
ORDER OF COURT
AND NOW, this day of September 2013, upon consideration of Plaintiff's
Motion to Compel, a RULE is issued upon Defendant to show cause why an order
compelling Defendant to respond to the Interrogatories in Aid of Execution should not
be issued.
PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to
make this Rule absolute will not be entertained until proof of service is filed.
RULE RETURNABLE twenty (20) days from the date of service by Plaintiff.
rd
Thomas A. Placey C.P.JJ _�
rr,Co � _
D' tnbution: �.7 -V
illiam C. Saxton <=/Tzc,-71 L r",
Q11 )/3 - s
- : '
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., :
A MARYLAND CORPORATION; M ,
ASSIGNEE OF FORWARD •
PROPERTIES; ASSIGNEE OF : c c;, -
ORCHARD BANK, • mr" Eat
Plaintiff No. 04-3917 -<> (-.) ;`"
vs. :. �---
: CIVIL ACTION >,=
N)
WILLIAM C. SAXTON,
•
Defendant
CERTIFICATE OF SERVICE
I,Alan R. Mege, Esquire,hereby certify that on September 23, 2013,I served a true
correct copy of the Court's September 19, 2013 Rule, by mailing same, first class,postage prepaid
to: William C. Saxton, 33 Logan Street, Apt. C, Lewistown, PA 17044.
By: r _
• . R. Mege, Esquire
Atty. I.D. #81288
Attorney for Plaint' f
P.O. Box 1426
70 East Broad St.
Bethlehem, PA 18016-1426
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., :
A MARYLAND CORPORATION; c-> _ :
ASSIGNEE OF FORWARD "= °'' == ''
-� cam "
PROPERTIES; ASSIGNEE OF � ,,n -
ORCHARD BANK, •
Plaintiff : No. 04-3917
c`o -o 6
aid
VS. G •• 7
: CIVIL ACTION
WILLIAM C. SAXTON,
•
Defendant
PLAINTIFF'S MOTION TO MAKE THE RULE ABSOLUTE
And now comes Plaintiff and submits the instant Motion to Make The Rule Absolute, and
in support thereof avers as follows:
1. On September 19, 2013, a Rule was issued upon the Defendant, William C. Saxton,to
show cause why Plaintiff's Motion to Compel should not be granted. A copy of the Order is
attach hereto as Exhibit"A".
2. The Rule Returnable was to be answered within twenty(20) days of service of the
September 19, 2013, Order in the Office of the Cumberland County Prothonotary. As of October
18, 2013, no answer has been filed.
3. A copy of this Motion and proposed Order were mailed to Defendant, via first class
mail on October 18, 2013. A certificate of Service is attached hereto.
4. Plaintiff requests that the Rule be made Absolute.
WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and
enter an Order directing the Defendant to answer Plaintiff's Interrogatories within twenty(20)
days or risk sanctions, pay fees in the amount of$100, as well as such other and further relief as
the Court may deem just and appropriate.
■ 11‘111Or.
Alan R. Mege, Esq.
Attorney ID No. 8 88
Attorney for Plai tiff
•
•
GREAT SENECA FINANCIAL r ,ur `"It '' .= ;i
CORPORATION; ASSIGNEE OF ''
FORWARD PROPERTIES; ASSIGNEE
OF ORCHARD BANK IN THE COURT OF COMMON PLEAS
Plaintiff OF THE NINTH JUDICIAL DISTRICT
v. •
2004-03917 CIVIL TERM
WILLIAM C. SAXTON,
Defendant •
• IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO
INTERROGATORIES IN AID OF EXECUTION
ORDER OF COURT •
•• AND NOW, this\ day of September 2013, upon consideration of Plaintiffs
Motion to Compel, a RULE is issued upon Defendant to show cause why an order
'compelling Defendant to respond to the Interrogatories in Aid of Execution should not
be issued. •
•
PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to
make this Rule absolute will not be entertained until proof of service is filed.
RULE RETURNABLE twenty(20) days from the date of service by Plaintiff.
•
C.? iv T.
t�Thomas A. Placey C.13-,0&
\.! �i'� M rn ?� [
Distribution: Wiz '
Alan R. Mege, Esq. 'V • • -<z> a •
William C. Saxton 0 2 3 2013 x -T;
•
Wnl(
•
•
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., :
A MARYLAND CORPORATION;
•
ASSIGNEE OF FORWARD
•
PROPERTIES; ASSIGNEE OF
•
ORCHARD BANK,
Plaintiff : No. 04-3917
•
vs.
: CIVIL ACTION
WILLIAM C. SAXTON,
•
Defendant
CERTIFICATE OF SERVICE
I, Alan R. Mege, Esquire, hereby certify that on October 18, 2013, I served Plaintiff's
Motion to Make the Rule Absolute mailing same, first class, post prepaid to: William C.
Saxton, 33 Logan Street, Apt. C, Lewistown, PA 17044.
By: C -�
Al. • ; . Mege, Esquire
Atty. I.D. #81288
Attorney for Plaintif
P.O. Box 1426
Bethlehem, PA 18016
(610) 954-5393
a ka i Z d h' 2:
GREAT SENECA FINA�ILh, � 1.���, s iittsm
A MARYLAND CORPORATION; F
ASSIGNEE OF FORWARD
PROPERTIES; ASSIGNEE OF IN THE COURT OF COMMON PLEAS
ORCHARD BANK, OF THE NINTH JUDICIAL DISTRICT
Plaintiff
2004 ., 3911
v. 2006-00497 CIVIL TERM
WILLIAM C. SAXTON,
Defendant
IN RE: PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE
evktk ORDER OF COURT
AND NOW, this"day of October 2013, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED that the Rule issued on 19
September 2013 is hereby made absolute and Plaintiff's Motion is GRANTED.
It is further ORDERED that Defendant must make full and complete answers to
the interrogatories, without objection or motion for protective order, within twenty (20)
days of service of this Order or appropriate sanctions and attorneys' fees may be
imposed upon Defendant following application to this Court.
PLAINTIFF shall effectuate service of this Order upon Defendant.
-
Thomas A. Placey C.P.J.
Distribution:
f
/Alan R. Mege, Esq. €`i
4Nilliam C. Sax on :r
+ 1 •
•
;�
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., .
A MARYLAND CORPORATION; .
ASSIGNEE OF FORWARD :
PROPERTIES; ASSIGNEE OF .
ORCHARD BANK, :
Plaintiff • No. 04-3917
r ,;,
vs. •
•'"-i;,r a
: CIVIL ACTION -<-
6 _
WILLIAM C. SAXTON, P t-, 77' cep-_
Defendant,`
c. _
CERTIFICATE OF SERVICE
I, Alan R. Mege, Esquire, hereby certify that on November 1, 2013, I served a true
correct copy of the Court's October 25, 2013, Order by mailing same, first class, postage prepaid
to: William C. Saxton, 33 Logan Street, Apt. C, Lewistown, PA 17044.
By:
- lan R. Mege, Esquire
Atty. I.D. #81288
Attorney for Plaintiff
P.O. Box 1426
70 East Broad St.
Bethlehem, PA 18016-1426
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., :
A MARYLAND CORPORATION;
ASSIGNEE OF FORWARD • `
PROPERTIES; ASSIGNEE OF rri
•
ORCHARD BANK, i='
Plaintiff : No 04-3917 ~ `.) -_-
vs. C
: CIVIL ACTION
WILLIAM C. SAXTON,
•
Defendant
PLAINTIFF'S MOTION FOR SANCTIONS
And now comes Plaintiff and submits the instant Motion for Sanctions, and in support
thereof avers as follows:
1. Judgment for Plaintiff and against Defendant in the sum of$1,541.62 plus costs was
entered in Cumberland County on August 4, 2004.
2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class
mail on July 26, 2013.
3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were
due within thirty days after they had been served, but none has been received as of the date of
giving notice herein.
4. After notice, a Motion to Compel was filed and an Order entered on October 25, 2013,
requiring Defendant, within twenty(20) days, to make full and complete answers to
Interrogatories. A true and correct copy of the October 25, 2013, Order is attached as Exhibit
„A»
5. As of December 18, 2013, Plaintiff has not received Defendant's answers to
Interrogatories.
6. A copy of this Motion and proposed Order was sent to Defendant on December 2,
2013. A Certificate of Service is attached hereto.
7. Counsel for Plaintiff sent correspondence to Defendant on December 2, 2013, seeking
concurrence, and Defendant failed to respond to same. A true and correct copy of the
correspondence is attached hereto as Exhibit "B".
WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and
Order that the Defendant shall pay a daily fine of$25.00 to the use of Plaintiff until Defendant
complies with this Court's Order of October 25, 2013, and Defendant shall also pay $100.00
attorney's fees to Plaintiff within twenty (20) days of the date of this Order or appropriate
sanctions may be imposed upon Defendant following application to this Court.
- an R. Mege, Esq.
Attorney ID No. : 288
Attorney for = aintiff
PO Box 1426
Bethlehem, PA 18016-1426
(610) 954-5393
-2-
H 2:
]I
GREAT SENECA FINANtia-66A1 ,.,,�; ., i o�'1
A MARYLAND CORPORATION; 0130 --oak
ASSIGNEE OF FORWARD , It-444;
PROPERTIES; ASSIGNEE OF IN THE COURT OF CO MON PLEAS
ORCHARD BANK, OF THE NINTH JUDICI L DISTRICT
Plaintiff
2001 - 341 `7
v. 2006-00497 C1V1 TERM
WILLIAM C. SAXTON,
Defendant
IN RE: PLAINTIFF'S MOTION TO MAKE RULE ABSOLUT
rikkk ORDER OF COURT
AND NOW, this ay of October 2013, upon consideration of P aintiff's
Motion to Make Rule Absolute, it is hereby ORDERED that the Rule issue on 19
September 2013 is hereby made absolute and Plaintiff's Motion is GRANTED.
It is further ORDERED that Defendant must make full and complete answers to
the interrogatories, without objection or motion for protective order, within twenty(20)
days of service of this Order or appropriate sanctions and attorneys' fees may be
imposed upon Defendant following application to this Court.
PLAINTIFF shall effectuate service of this Order upon Defendant.
`:'!?i'c1I�1J�Sll'lad Thomas A. Placey C.°.J.
Distribution: tic./
/Alan R. Mege, ESQ.
/William C. Sax on
.0 , -I
,b.
(AI(
LAW OFFICES OF
ALAN R. MEGE, ESQ.
P.O. BOX 1426
70 EAST BROAD STREET
BETHLEHEM, PA 18016-1426
Licensed in PA and NJ (610) 954-5393
Todd A. Johns, Esq. Of Counsel (610) 954-5395 FAX
AlanM_Esq @juno.com
December 2, 2013
William C. Saxton
33 Logan Street, Apt. C
Lewistown, PA 17044
RE: Great Seneca Financial Corp v. Saxton No. 04-3917
Dear Mr. Saxton:
Enclosed please find a copy of Plaintiff's Motion for Sanctions, which we intend to file
with the Court. Please provide your concurrence or non-concurrence with regard to said Motion by
December 17, 2013.
I would appreciate your assistance in bringing this matter to an amicable conclusion.
Should you have any questions or comments, please feel free to contact my office.
Very truly yours,
Alan R. Me_,
ARM/cros
Enc.
This message is from a debt collector, this is an attempt to collect a debt,
and any information obtained will be used for that purpose.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., :
A MARYLAND CORPORATION;
•
ASSIGNEE OF FORWARD
•
PROPERTIES; ASSIGNEE OF
•
ORCHARD BANK,
Plaintiff : No. 04-3917
vs.
: CIVIL ACTION
WILLIAM C. SAXTON,
•
Defendant
CERTIFICATE OF SERVICE
I, Alan R. Mege, Esquire, hereby certify that on December 2, 2013, I served upon
Defendant,a true and correct copy ofPlainti IT's Motion for Sanctions and proposed Order by mailing
same, first class,postage prepaid to: William C. Saxton, 33 Logan Street, Apt. C, Lewistown,PA
17044.
By: Noilgillirr
A . R. Mege, Esquire
Atty. I.D. #81288
Attorney for Plai tiff
P.O. Box 1426
Bethlehem, PA 18016-1426
(610) 954-5393
•
pJ_
3 DEC 3r AM ¶. r '
s ate. , '�r'il�l i,
GREAT .., ,' IN4 �AL i.� �;71. i `�
CORPORATION; ASSIGNEE OF . �4 3^"
•FORWARD PROPERTIES; ASSIGNEE
OF ORCHARD BANK IN THE COURT OF COMMON PLEAS
Plaintiff OF THE NINTH JUDICIAL DISTRICT
v.
2004-03917 CIVIL TERM
WILLIAM C. SAXTON,
Defendant
IN RE: PLAINTIFF'S MOTION FOR SANCTIONS
ORDER OF COURT
AND NOW, this 30th day of December 2013, upon consideration of Plaintiff's
Motion for Sanctions, it is hereby ORDERED that Plaintiff's Motion is GRANTED.
It is FURTHER ORDERED that $100.00 in counsel fees are awarded to Plaintiff
and against Defendant as compensation for the preparation, service, and presentation
of the Motion. The $100.00 in counsel fees shall be paid by Defendant within twenty
(20) days of service of this Order.
It is FURTHER ORDERED that Defendant shall pay a daily fine of$25.00 per
day to the use of Plaintiff until Defendant complies with this Court's Order of 25 October
2013, requiring Defendant to make full and complete answers to the Interrogatories in
Aid of Execution. If Defendant provides said answers to Plaintiff within 30 days of the
filing of proof of service with this Court, the daily fines will be purged. However, if
Defendant has failed to provide the answers after 60 days from the filing of proof of
service, the daily fine will thereafter increase to $50.00 per day. If Defendant has failed
to provide the answers after 90 days from the filing of proof of service, the daily fine will
thereafter increase to $75.00 per day. If Defendant has failed to provide the answers
after 120 days from the filing of proof of service, the daily fine will thereafter increase to
$100.00 per day. It is this Court's intention to encourage Defendant to provide full and
complete answers to the interrogatories and should be noted that Defendant has 30
days to do so before any fines, other than the $100.00 counsel fees, will be imposed.
PLAINTIFF shall effectuate service of this Order upon Defendant. Proof of
service must be filed with this Order to begin the calculation of daily fines.
BY THE COURT,
r
Thomas A. Placey C.P.J.
Distribution:
4Ian R. Mege, Esq.
Ailliam C. Saxton
‘ •
3�
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREAT SENECA FINANCIAL CORP., :
A MARYLAND CORPORATION; : `_
ASSIGNEE OF FORWARD • '° C-- r`'
PROPERTIES; ASSIGNEE OF : � `r2'
ORCHARD BANK, v °' "'=r
Plaintiff : No. 04-3917 �� .
•• CIVIL ACTION .. cr.
WILLIAM C. SAXTON,
Defendant :
CERTIFICATE OF SERVICE
I, Alan R. Mege, Esquire, hereby certify that on January 2, 2014, I served a true
correct copy of the Court's December 30, 2013, Order by mailing same, first class, postage
prepaid to: William C. Saxton, 33 Logan Street, Apt. C, Lewistown, PA 17044.
By:
Alan R. Mege, Esquir;
Atty. I.D. #81288
Attorney for Pl.mtiff
P.O. Box 14 6
70 East Broad St.
Bethlehem, PA 18016-1426