Loading...
HomeMy WebLinkAbout11-5104COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. MICHELLE TOMKOSKY, Defendant No. 11- Civil Term tt-SIDy ?iLA 3 _ c1 -0 m -- zn M CIVIL ACTIONS r c r -< D - a? CC7 Ma o v c, ?q :X NOTICE ?> M r n ? N 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 ATTORNEYS 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. IF 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 AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 an R. Meg-e, Esq. Attorney ID No. 288 Attorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 1.8016-1426 (610) 954-5393 ® `0 'Pd 0 ar,,,k eqa ? CL* 13473 (Z W C9 (008 30 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. MICHELLE TOMKOSKY, Defendant No. 11- Civil Term CIVIL ACTION COMPLAINT I . The Plaintiff is Commonwealth Financial Systems, Inc. ("C'FSI"), a corporation with an address of 245 Main Street, Dickson City, PA 18519. 2. The Defendant is Michelle Tomkosky ("Michelle Tomkosky"), an individual with an address of 15 Springers Lane, New Cumberland, PA 17070. Count I - Breach of Contract 3. Defendant requested a credit card from First USA Bank. 4. On April 1, 1997, First USA Bank offered Defendant a revolving open-end charge account and issued a card to the Defendant subject to the terms and conditions set forth in a written agreement, a true and correct copy of which is attached hereto, made a part hereof and marked as Exhibit "A". 5. Exhibit "A", the contract between the parties, is a written contract and is attached hereto pursuant to Rule 1019(i). 6. Defendant accepted the terms of the written account agreement by using the First USA Bank credit card account number 4366-1330-6765-4524 for purchases, cash advances, and/or balance transfers. 7. Defendant was mailed account statements relative to Defendant's use of the First USA Bank credit card. 8. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 9. The last payment of the Defendant was received and credited on August 8, 2007. 10. The within account was sold by Chase Bank USA, N.A. (as successor through merger with Bank One, Delaware, N.A., parent corporation of First USA Bank) to Unifund Portfolio A, LLC ("Unifund") for valuable consideration and all rights under said account were assigned to Unifund, whereupon Unifund sold the within account for valuable consideration to Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale and Bill Of Sale are attached hereto, made a part hereof and marked collectively as Exhibit "B". 11. Pursuant to the terms of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 12. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 13. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 14. As of April 22, 2011, the balance due and owing to Plaintiff from Defendant was $2,161.80. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,161.80 plus costs and interest from April 22, 2011 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 2 Count II - Account Stated 15. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 16. The within account was an account in writing and expressly or impliedly accepted by both parties. 17. The amounts due and owing to Plaintiff by Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 18. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,161.80 plus costs and interest from April 22, 2011 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 19. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 20. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 21. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 22. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 3 23. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 24. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff s expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of $2,161.80 plus costs and interest from April 22, 2011. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,161.80 plus costs and interest from April 22, 2011 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. By: _ R. , squire Atty. I.D. #81288 / Attorney for Plai iff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 { ?f ? ? i ?r < <? s i' fi 11 f ,.l `{ { ? ? ? tl1 ? i{ ` I. )I { I' 1; } ? t? {, (•, a f. ? ? N? ' ? .?; ? ,? ?1 ? ?: ?• ? ' ' ?: ? !?. ? e- 'a, ' ?? ?- ? ? ? ? pql ??•?. ce??I ??? ?,10 ? ?. fE1{y??1 ?'??u ^ ?a w? ' ?,' ?I' •?,? ? ,•? ? ?? uo'? ° '?'?,???y?"tl 4 ?, ? ? •( ? ? S• 1 9, ? . ? fl. §? f ' 7 ? c? v. ? ii ? 5 {'' '? cl- ? j? r1 ? ?i 14 ?f, qfl o I q 6 9 .. ti ?, ? ?i: n ?? ? °• ? 6 ?. a ? ... f) P:: ° c, ?? ?' ? ' ?? ? a ' ? ? ?? ? R ?? ? ? ? p'? ?• ? •? ?' ? •?gg ? q. Nil. .tea. ie? R u' ?1 et .? 13- u, ? R g fi 1H' P ?A Ila r.1 kv f, Pit i w; .1: P., tat ' I y 51 I Y ?° n p p r 's b1,. n e1 ?e u1? N ? .?_ i?tgl ?? p g ,q ^91?. "i ?I?` R"g1'.?•t?fc???• ggi..J ?•s1'°'?' ?C! ?. ? ? ?, ? p?, n . ? ?, ?^ ?. ? s ,?• • ?": ?• ?- ? ,? .fig}: n 6,? ?? • El g ? ? ? i. •R ".' ? ? .? it ?' } ?n '?"' ,?'K' p L• r.: f? , ? •? ?' 1 1?H H.EE. ?' ?. •- ? q K: ? :: ? fi ?• .?, q ?+ (E?i 6 ?, ;? B 18 A FRS. R1 i $; ." e. ???: ;??,, .f?.:?'?,?,? ? ???•R ,? ?,?,?.? R. fl ; a f; ?r 8 P, it 9 A # a ?. , Fi 4 N V, i.4 gj Elgf?l ?_ e j ?? Ott,,., R ?. i. E I' e ' -i a g g p?,18'' ? • y. p wall .? ?'?• ?p? p ?'? ?. ?' ?I? R ?, ? ?'2 ? ?. ? ???.? .? .+? a ?? R ?? .??' L' 944 its 13 9R: (R?!'.' ?,•'" ?' g' ?' q 9'? A ?•? ?'? ? B ? y.:a -1- 1J ? '.?'?? Rip ???n`eG'°??• F'L?1? •tI' ?. ? : iI a Q- ? • ?' s. ? ? ,? pp p ` pq{' d ? ? ? ?' ? ?' ?, a >? ? ? ?. ?? ' ? R?{ s :.J ??.Qp ?- R p t PRdd 1 Hptl 6 b?H? a w5 Sop F®pqZ N •?(' •[?•2? fi, %z ?.,2 Fi. ?: ?' ®?.. . ?. H. ® ? dg ?1 •?'? a. ?!S 7?+ , ? c, a• x? fIG r" f? @@I E1 ? p ? i? f ? q ` p ? ?i g s ?. g• 8 ?' : to, I R ? 0 pip, si, 138 s s x 3 ' N R gig kip ^??fA?? 6il'.,ggg?.R. s? '119 .1 H fill, - A A gg y e 6 ;qp I Ell ?.{yy?,?• ? ?? ? _•?p'?: ?jg?Ry. •R.?,'?• c?'B-?' ,tl? ?g•?w+,q? ,?-?• L+?-ja..!vl?r?EJ f??. ??,??:a Jgsj •? is ,? EEF a? p ??? ?? .y??• ? Via: CHASE ! i BILL OF SALE Chase Bank USA, N.A. ("Seller'), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated January 1, 2008 between Seller and Unifund Portfolio A, LLC ("Purchaser'), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation Date of March 12, 2008 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exbibit 1 attached hereto and made part hereof for all purposes. Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on March 28, 2008 (the "Closing Date") by 2:00 p.m. Seller's time, as follows: Chase Bank USA, N.A ABA #021000021 Beneficiary Name: Chase Bank USA, N.A. Beneficiary Account: #304-256420 This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. ChasBy: Date: March 25,2008 Title Vice President Unifund Po folio By: Date: March 2 .2008 ` Title Henry N. Thoman vice res ,,6 Uin'Fund UWfmd CCR Partners Unifund CCR Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc ("Purchaser"), dated as of May 29, 2008 (the "Agreement"), does hereby sell, assign, and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of eollectibility, or otherwise, except to the extent stated in the Agreement. Executed on May 29, 2008. UNIFUND CCR PARTNERS By Joel Ro n Director, a and Marketing For Unifund Use ONLY 18 UNIPUND CCR PARTNERS CONTIDEMAL VERIFICATION I, Danny Venditti, Vice President of Commonwealth Financial Systems, Inc., Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the foregoing civil action and that I am fully authorized to make this verification and that the facts set forth in the Complaint are true and correct to the best of my knowledge, information, and belief. Verifier understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A.§4904, relating to unsworn falsification to authorities. Date: y itti CFSI File NOIV 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?41i?11?, of ?.tltt7UtfJ,??41 6T TH97 2011 JUL 20 PM 1: 57 "UMBERLA,No COUNTY PENNSYLVANIA Commonwealth Financial Systems, Inc. Case Number vs. Michelle Tomkosky 2011-5104 SHERIFF'S RETURN OF SERVICE 06/27/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Michelle Tomkosky, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 07/05/2011 04:39 PM - York County Return: And now July 5, 2011 at 1639 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michelle Tomkosky by making known unto herself personally, at 15 Springers Lane, New Cumberland, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (n t:cun>ySu?te S`enfl . Te?eos+.ift. I!x;. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration COMMONWEALTH FINANCIAL SYSTEMS, INC. Case Number vs. 11-5104 CIVIL MICHELLE TOMKOSKY SHERIFF'S RETURN OF SERVICE 07/05/2011 04:39 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: MICHELLE TOMKOSKY AT 15 SPRINGERS LANE, NEW CUMBERLAND, PA 17070. SHERIFF COST: $70.93 July 13, 2011 NOTARY Affirmed and subscribed to before me this Ax-, iie TERRY DRAWBAUGH, DEPUTY SO A RS, C? RICHARD P K ERLEBER, SHERIFF MM I 13TH day of JULY 2011 N LSA L, THO?pm, ?;CTARY MUPILIC {c) CountySuite Sheriff-Teieosoft. Inc. CITY OF Y;)RK. YORK CC QNTY LMYC1OI`,1N1iSSICN EXPIRES AUG, 12, 2013 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. MICHELLE TOMKOSKY, Defendant TO THE CLERK OF SAID COURT: No. 11-5104-Civil a - ? CIVIL ACTION _ r Zo O PRAECIPE Please enter judgment in favor of Plaintiff Commonwealth Financial Systems, Inc. and against Defendant Michelle Tomkosky in the amount of $2,911.80 plus costs and interest from April 22, 2011, for want of filing an Answer. I certify that a 10-day notice, a copy of which is attached hereto, was served on Defendant via first class mail on July 26, 2011. an R. Mege, E Qn?? ? 1 y.oo'P d a I C k.?[ 38ta0 Attorney ID .81288 Attorney f Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5.93 rb COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 11-5104-Civil vs. MICHELLE TOMKOSKY, Defendant : CIVIL ACTION TEN DAY NOTICE TO: Michelle Tomkosky, 15 Springers Lane, New Cumberland, PA 17070 DATE OF NOTICE: July 26, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 an R. ge, Es . Attorn ey ID 81288 Attorney f Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 11-5104-Civil vs. CIVIL ACTION MICHELLE TOMKOSKY, Defendant ( ) Notice is hereby given that a Judgment in the above captioned matter has been entered against you in the amount of $2,911.80 plus costs and interest on , 2011. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary By: 46 If you have questions regarding this Notice, please contact the filing party: NAME: Alan R. Mege, Esq. ADDRESS: P.O. Box 1426 Bethlehem. PA 18016 TELEPHONE NO. 610-954-5393 (This Notice is given in accordance with Pa.R.C.P.§236.) IF IN THE COURT OF COMMON PLEAS OF Commonwealth Financial Systems, Inc. Plaintiff VS. Michelle Tomkosky Defendant Cumberland COUNTY, PENNSYLVANIA NO. 11-5104-Civil AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; That Michelle Tomkosky is over 18 years of age, resides at 15 Springers Lane, New Cumberland., PA 17070 and is employed That Defendant Is years of age, resides at and is employed That Defendant years of age, resides at is and is employed That Defendant is years of age, resides at and is employed I, Alan R. M&ge, Esquire, do hereby verify that I am the attorney for Plaintiff, that I am fully authorized to make this Verification on their behalf, that the Defendants are unavailable to make this Verification, that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and the source of my information are interviews with my client and the Plaintiff's filed documents. The verifier understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Signed: _ Dated: 8/8/2011 s COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No. 11-5104-Civil vs. MICHELLE TOMKOSKY, Defendant CIVIL ACTION C'°) ?rJ ZZ: r- taw-, C) c-, ORDER AND NOW, this _3/ day of a , 2011 , upon consideration of Plaintiff's Motion to Compel, and Defendant's response thereto, if any, it is hereby ORDERED that Plaintiff's Motion is GRANTED; and 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 the date of this Order or appropriate sanctions will be imposed upon Defendant following application to this Court. IT IS FURTHER ORDERED that counsel fees of $100.00 are awarded to Plaintiff and against Defendant as compensation for the preparation, service, and presentation of this motion, same to be paid within twenty (20) days of the date of this Order or appropriation. J. Distribution: ? Alan R. Mege, Esq., 70 E Broad St., Bethlehem, PA 18016 C 1eg Mailej Michelle Tomkosky, 15 Springers Lane, New Cumberland, PA 17070 J COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Y -.J COMMONWEALTH FINANCIAL SYSTEMS, INC. : ' Plaintiff No. 11-5104-Civil u' 1 vs. C , CIVIL ACTION MICHELLE TOMKOSKY, - 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 $2,911.80 plus costs was entered in Cumberland County on August 12, 2011. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on September 13, 2011. 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 31, 2011 requiring Defendant, within twenty(20) days, to make full and complete answers to Interrogatories. A true and correct copy of the October 31, 2011 Order is attached as Exhibit "A". 5. As of November 29, 2011, Plaintiff has not received Defendant's answers to Interrogatories. 6. A copy of this Motion and proposed Order was sent to Defendant on November 29, 2011. A Certificate of Service is attached hereto. 7. Concurrence with the Pro Se Defendant has been sought and denied. 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 31, 2011 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 will be imposed upon Defendant following application to this Court. Attorney ID 81288 Attorney f laintiff PO Box 426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- S COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff . No. 11-5104-Civil VS. -< w r? CIVIL ACTION r? MICHELLE TOMKOSKY; -' Defendant Q ` -f ORDER xe, AND NOW, this 3 f day of 201 , upon consideration of Plaintiffs Motion to Compel, and Defendant's response thereto, if any, it is hereby ORDERED that Plaintiff's Motion is GRANTED; and 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 the date of this Order or appropriate sanctions will be imposed upon Defendant following application to this Court. IT IS FURTHER ORDERED that counsel fees of $100.00 are awarded to Plaintiff and against Defendant as compensation for the preparation, service, and presentation of this motion, same to be paid within twenty (20) days of the date of this Order or appropriation. Distribution: ? Alan R. Mege, Esq., 70 E Broad St., Bethlehem, PA 18016 / Michelle Tomkosky, 15 Springers Lane, New Cumberland, PA 17070 . i Nov _ 2 2011 L '\,A r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. MICHELLE TOMKOSKY, Defendant No 11-5104-Civil CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on November 29, 2011, I served upon Defendant, a true and correct copy of Plaintiff s Motion for Sanctions and proposed Order by mailing same, first class, postage prepaid to: Michelle Tomkosky, 15 Springers Lane, New Cumberland, PA 17070. By Alan R. Mege, Esqu' e Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COMMONWEALTH FINANCIAL SYSTEMS, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE TOMKOSKY, DEFENDANT 11-5104 CIVIL TERM YZ ORDER OF COURT AND NOW, this ?26 day of January, 2012, upon consideration of Plaintiff, Commonwealth Financial System, Inc.'s Motion for Contempt, the motion is GRANTED IN PART AND DENIED IN PART, Plaintiff's request for an award of $100 in Counsel fees is GRANTED. Plaintiff's request for the issuance of a Bench Warrant is DENIED. The appropriate sanction here is the continuing monetary penalty by the court's order of December 12, 2011. Defendant has not failed to comply with a subpoena and therefore the court will not issue a bench warrant. See Pa. R.C.P. No. 234.5. ? Alan R. Mege, Esquire For Plaintiff Michelle Tomkosky, Pro se 15 Springers Lane New Cumberland, PA 17070 saa By the Court, ,_--, r i T7 CD ? T Albert H. Masi nd, J. > - ?. ..= C : ^_ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. MICHELLE TOMKOSKY, Defendant c a ? .0 N ::I-- n-f -- rr? No. 11-5104-Civil `?, r . ;a M ? cn D 8 , -v 5-n TIC) CIVIL ACTION =n ? =C?' C) PLAINTIFF'S PRAECIPE TO WITHDRAW MOTION FOR CONTEMPT TO THE CLERK OF SAID COURT: Please withdraw Plaintiff's Motion for Contempt filed in the above-reference matter. DATE: January 31, 2012 Alan R. Mege, Es , Attorney ID N .81288 Attorney fo laintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. MICHELLE TOMKOSKY, Defendant No. 11-5104-Civil CIVIL ACTION ORDER AND NOW, to wit, this - day of 2012 the Stipulation of the parties dated January 24, 2012 is hereby approved and made an Order of Court in the above- captioned matter. Distribution: BY THE COURT: J. M M ? - ? Alan R. Mege, Esquire, 70 E. Broad St., P.O. Box 1426, Bethlehem, PA 18016-1426 ? Michelle Tomkosky, 15 Springers Lane, New Cumberland, PA 17070 Cop-,If-4 ma, led a f -2 a