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HomeMy WebLinkAbout11-6699COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na NOTICE OF APPEAL Notice is givers that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Stone House Auto Sales, Inc. MDJ-09-3-03 ADDRESS OF APPELLANT CRY STATE ZIP CODE 1702 Harrisburg Pike Carlisle PA 17015 DATE OF JUDGMENT RJ TW CASE OF (Pbirlriff) (Defendant) - 8/2/2011 Michael L. Hilbish VS, Stone House Auto*Sales, Inc. CV s 0000178-2011 lldl? LT 19 This block will be signed ONLY when this notation is required unde?-13E-1MPJ.P. Na 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case If appellant"was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after I filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Michael L. Hilbish appellee( to fil a complaint in this appeal n /? Name of appelleefs) (Common plow I.b l? ?• ?jOQ7 L.J. 'rer l ) within twenty (20) days after serv' of t y of judgment of non pros. of pant or his attomey or agent RULE: To Michael L. Hilbish , appellee(s). Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by m,;xl 4.,1Ite*ite.of.maili i)a Date: 013 , }9l--f' . f e , y Signature of Protitor?ot&y or Deputy 3. • ,t ..?Il. it , ADPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable. boxes) COMMONWEALTH, OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice lfesignated therein on (date of service) 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee; (name)' on 19by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the,appellee(s) to whom 1h, the Rule was addressed on , 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached"hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ' , 19 Slgrlptu[e of affiant Signature of official before whom affidavit was made Titf b% oft hY ' My commission expires on 19 f < - aciv . R F,!'©Q rOLE SL.tet,h #.50 h Nid raft no, ?a Aug.16.2011 01:16 PM Blue Jacket Realty 7172450770 PAGE. 1/ 2 COMMONWEALTH OF PENNSYLVANIA Notice of Judgmentffranscript Civil COUNTY OF CUMBERLAND Case Msg'; Dist•.. No: . MDJ-09-3-03 MDJ Name: Honorable Susan K.'Day Address' .229 Mill Street P.O. Boz 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 . Michael L Hilbish:: 04one H.buse Auto Sales Inc:. Stone House Auto Sales Inc. Docket No: MJ-09303=CV-0000178-2011 1702. Harrisburg Pike Case Filed: 6/10/2011 Carlisle, PA"'17015 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09303-CV-0000178.2011 Mionael L Hilbish Stone House Auto Sales Inc. Default Judgment for Plaintiff 09/0212011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Stone House Auto Sales Inc. $0.00 $3,235.26 $3,235.25 Judgment Detail (*Post Judgment) In the matter of Michael L Hilbish vs. Stone House Auto Sales Inc. on 8102r2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Jointl8everal Liability Individual Liability Deposit Applied Amount Civil Judgment $0,00 $3,100.00 $3,100,00 Filing Fees $0.00 $102.00 $102.00 Serer Fees $0.00 $33.25 $33.25 Grand Total: $3,235.25 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. fM,f l,. Date f Magisterial District Judge Susan K. Day certify a is is a rue an correot copy 0 (no. record o the procee ings containing the man . Date Magisterial District Judge Susan K. Day MDJS 315 Page 1 of 2 Printed: 08/03/2011 SA3:10AM Aug.16.2011 01:17 PM Blue Jacket Realty - 7172450770 PAGE. 2/ 2 11E piiij i NONOTArti 2011 lIUG 25 PM 2.22 !A v r PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof` of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Cheek applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?^ ^ nti ?G r :.? ss AFFIDAVIT: I hereby swear or affirm that 1'served a copy of the Notice of Appeal, Common Pleas No. 11 ( o'`( _ , upon the District Justice designated therein on (date of service) - 'S- , tg?, El b personal service M b ? Y by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) (1-1; 6?0,4 (., too 6; K),%tr,. ?ot?'U{;n 1 ?4_, on 1 L by personal service'?Rby (certified) (registered) mail, sender's receipt attached hereto. Vj and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on A ?9? , ? by personal service-? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME lty THIS_ DAY OF VS vim.' _ tg "L`i? 4 "- i "cure df official before whom affidavit was made Title of offici l My commission expires on COMMONWEALTH OF PENNSYLVANIA KOTARIAL SEAL JENNIFER A. MEARKLE, Notary Public New Cumberland Boro. Cumberland Co. My Commission Expires July 7, 2012 F _ Signature of affiant 7T - COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL ,90TRICT JUSTICE JUDW ENT COMMON PLEAS No NOTICE CAF APPEAL Notice is given that the appellant has filed in the above Court of Common fleas 01:p ,l,from the judgment rendered by the District Justice on the date and in the case mentioned below. Sl Hckme Aut:o Sal s ,I-ric. 1702 Harrisburg € 000178-201 CV ML- LT 19 This block will be signed ONLY when this notation is required JA Na 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sbow House Auto Sales, Tom. FROM PA 17015 If appepanAvas CLAIMANT (see Pa. R.C.P.J.P. No 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after I filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon ` l.(;1ia 1 .l.,. , appellees to fill a complaint in this appeal Name of appellee(s) (Common Pleas No. f f ?11? 7 C-'I yi I T&r ill + ) within twenty (20) days after servi t--11gn.' t of judgment of non pros -- " of Itant or his attorney or agent RULE: To lictia?:1 L.. zdl oisn. Name of appellee(s) app( (1) You are notified that a rule is hereby entered upon you to file a complaint in this ap `whin 1T.tymntJc ,(20) days after the date of service of this rule upon you by personal service or by certified or registered moi (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of. this rule if service was by mail is the date of mailing, Date: grreturur of e Prothonotary or Deputy m Ln CO ra Cr ?' M m Ln u7 0 0 .O .0 Ln Ln r-I r-q 0 0 (EedomwnW R W? 0 O Delivery Fee O O ( eg6k" ?' -. Total Postage & Fees m m C3 0 0 POe 22q r,- r,- __ _. ........ ..? - ti ni . , Q' Q^ Q' a" M m 0 F 0 0 .0 ..n Postage $ m Ln CerUW Fee r-I r-I C3 M C3 0 ReWm Rwelpt (End a RegsslrodFe ? O 0 Restricted Delhrery Fee (Endorsement Regssired) 0 p S Total Postage & Fees m m Q' Er O No( M : ?? 0 0 , y ... N6 Su.Scv) IAA. USi Poetrnads Here C7 C3 or Po Box Na ' 26 P ZJw??. ?c ?cc r? ?itj sie: ii,a • -- ----_. .............. Ln m (Domestic Only; No Insurance Co 0 0 veraq? 0 0 ? ? ?- F FICIAL U Ln Ln . 0 0 _D ..D Postage s u1 Ln CerMW Fee r-I r-q O M (EW== O O Reetkted DeYvery Fee (Endorsement Requksd) A. Poetrnerk Here 0 O ? ? Total Postage & Fees $ M m C7 O N F- or PO Box No. crry, y - ----- a P? ons Fo,in 3800 DA V!D H. STONE, ESQ ATTORNEY ID NO. 39785 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR APPELLANT fs i AUG 30 Ali I I 1 € ENNNSYLVANIA STONEHOUSE AUTO SALES, I THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 11-6699 CIVIL TERM MICHAEL L. HILBISH, Appellee AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND I, David H. Stone, of Stone LaFaver & Shekletski, attorneys for the Appellant hereby certify that I served the Notice of Appeal from District Justice Judgment in the above captioned matter on the Appellee, Michael L. Hilbish, at 4 Ellen Drive, Enola, Pennsylvania 17025, by United States certified mail, postage prepaid, restricted delivery, on August 25, 2011, as evidenced by the attached certified mail return receipt. I, David H. Stone, of Stone LaFaver & Shekletski, attorneys for the Appellant hereby certify that I served the Notice of Appeal from District Justice Judgment in the above captioned matter on Harry M. Baturin, Esquire, attorney for Appellee, Michael L. Hilbish, at 2604 North Second Street, Harrisburg, Pennsylvania 17110, by United States certified mail, postage prepaid, restricted delivery, on August 25, 2011, as evidenced by the attached certified mail return receipt. I, David H. Stone, of Stone LaFaver & Shekletski, attorneys for the Appellant hereby certify that I served the Notice of Appeal from District Justice Judgment in the above captioned matter on The Honorable Susan K. Day, at 229 Mill Street, Mount Holly Springs, Pennsylvania 17065, by United States certified mail, postage prepaid, restricted delivery, on August 25. 2011, as evidenced by the attached certified mail return receipt. r? David H. e, tsqtaim, Attorney at Law SWORN TO AND SUBSCRIBED before me this 29`h day of August/. OI I O0!14VONWEALTH OF PENNSYLVANIA Public ?'N?'?ARIAL SEAL Fr?WER A. MEARKLE, Notary Public w::w i;urnberland Boro. Cumberland Co. ?r.R} `.;ommission Expires July 7, 2012 Complete items 1, Z and 3. Also complete Item 4 if Restricted` Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If spare permits. 1. Article Addressed to: A. SWMtW$ X ? Agent ? Addressee B. by Name) C. Date of Delivery dimment fr& 1? E3 Yes D. Is kwidnei cQkQ if address below: ? No The Honorable Susan K. Day Ila 229 Mill Street Q 5Z Mount Holly Springs, PA 17065: 3. lyps -/??J i! vw Express Mail ? ? Return Receipt for MerohandNis ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7009 3 410 0001 5605 3985 (riWWW ewer ssrvfo! kbO i PS Form 3811, February 2004 Domestic Rerun Receipt 10259s-024A-1640 I ?_.._?.. • Complete items 1, 2. and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Michael L. Hilbish 4 Ellen Drive Enola, PA 17025 a. signature ? ' 13 Agent B. Received by (Printed Name) C. Dat of DellyerY D. Is delivery address difWant from item 1? ? Yes If YES, enter delivery address below. c5No 3. Service Type ¦ Certified Mall ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Aftle Number 7009 3410 0001 5605 4005 (rmnsw hom service label) PS Form 3811, February 2004 Domestic Return Receipt 102695.02-M-1640 ! ¦ Complete Items 1.2. acrd 3. ANa complete item 4 If Reebicted DWVWY Is desired. ¦ Print your name and: address on the reverse so that we can return the card to you. ¦ Attach this cud to the back of the maiipiece, or on the front K space permits. 1. Article Addrsssed ter Harry M. Baturin, Esquire Baturin & Baturin i'2604 North Seocnd Street Harrisburg, PA 17110 ':.' A ! X Addressee B. Received by (Printed Name) C. of ery D. Is delivery address dilfererrt Uorrt Rem M 3 Y If YES, enter delivery address below: )ZORO 3. Service Type r Certified man ? Express Mall ? Registered ? Rehm Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 12. Article Number 7009 3410 0001 5605 3992 Marmw tram service kd* I PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 Z:\PD\A.NS`,Stonehouse Auto Sales - vs. Michael Hilbish.wpd MICHAEL L. HILBISH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND C OUNTY, PENNSYLV ANIA V. NO. 11-6699 CIVIL TERM STONEHOUSE AUTO SALES, LLC, CIVIL ACTION - LAW q? Defendant -a cij -•: c a _-? ANSWER COUNT I: BREACH OF CONTRACT AND NOW comes the defendant, STONEHOUSE AUTO SALES, LLC, by and through its attorneys, Stone LaFaver & Shekletski, and sets forth the following answer to plaintiff's complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted and denied. It is admitted that Defendant promised to deliver said motor vehicle to Plaintiff with the corresponding Title and Registration being forwarded promptly to Plaintiff. The suggestion that Plaintiff was unable to use the vehicle is denied. By way of further answer, Plaintiff was provided with a temporary Title and Registration and could at all times use the vehicle. 7. Admitted. -1- 8. Denied. It is denied that Defendant breached the sales contract. It is further denied that there existed numerous Title/Registration issues with the vehicles. It is further denied that Defendant was ever not able to utilize the vehicle as contracted or as promised. By way of further answer, the delay in the issuance of a Title and Registration was not caused by the Defendant, although Defendant cooperated with Plaintiff and PennDot to resolve the problem to expedite the issuance of the Title and Registration. 9. Denied. It is denied that the Plaintiff did not. get to use the purchased vehicle nor was he unable to drive the vehicle. 10. Denied. It is denied that the Plaintiff was compelled to contact Defendant numerous times or had to take time off of work. 11. Denied. It is denied that Defendant did not provide documentation. It is further denied that Plaintiff was compelled to pay legal fees or file a District Justice action. 12. Denied. It is denied that the motor vehicle had several mechanical issues. 13. Denied. It is denied that Plaintiff was unable to utilize the motor vehicle. 14. Admitted and denied. It is admitted that Plaintiff filed a District Justice action. By way of further answer, it is denied that Defendant received the judgment after a hearing on the merits of the matter. Judgment was rendered because the District Justice hearing was held without the presence of the Defendant, who had no notice of the hearing. 15. Denied. It is denied that Plaintiff was faced with undue -2- hardship. WHEREFORE, defendant, STONEHOUSE AUTO SALES, LLC, demands judgment against Plaintiff together with fees and costs. COUNT II: FRAUD: 16. Defendant's answers to paragraphs one (1) through fifteen (15) are incorporated by reference herein. 17. Denied. Paragraph seventeen (17) is an incomplete sentence. Any allegation that may be contained in paragraph seventeen (17) is denied. 18. Denied. It is denied that Defendant accepted full payment without intending to fully transfer the Title and Registration. 19. Admitted. It is admitted that Defendant delivered a motor vehicle and corresponding Title and Registration to Plaintiff. 20. Admitted. It is admitted that Defendant accepted Plaintiff's payment in full for said motor vehicle. 21. Denied. It is denied that Defendant committed a fraud. It is denied that there were any Title/Registration issues with the vehicle which in any way harmed Plaintiff. It is denied that Plaintiff was unable to utilize the vehicle. By way of further answer, the vehicle had been stolen from the Defendant's Lot previously and had been reported stolen. After the vehicle was recovered by Defendant, the police were notified of the recovery but failed to update their records. The delay in the issuance of the Title and Registration was in no way the result of a fraudulent or negligent act of Defendant. 22. Denied. It is denied that Plaintiff did not get to use the -3- purchased vehicle. It is denied that Defendant breached the sales contract. It is denied that Plaintiff was not able to drive vehicle. It is denied that Plaintiff was compelled to utilize different transportation. 23. Denied. It is denied that Plaintiff was unable to utilize the motor vehicle. WHEREFORE, defendant, STONEHOUSE AUTO SALES, LLC, demands judgment against Plaintiff together with fees and costs. Respectfully submitted, STONE LaFAVER & ;4EKLETSKI By I 1-U/1 David Esquire I.D. #39785 414 Bridge Street New Cumberland, PA 17070 Telephone: 717-774-7435 Attorneys for Defendant -4- V E R I F I C A T I O N STONEHOUSE AUTO SALES, LLC, states that it is the Defendant in the foregoing instrument and that it is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of its knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. STONEHOUSE AUTO SALES, LLC By: Donald S. Failor, Presi en Date: C( -gy'1.? CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served this day of 2011, by I First Class Mail, upon: Michael L. Hilbish, Pro Se 4 Ellen Drive Enola, PA 17025 STONE LAFAVER & BY: Dav-t?-?or]q) Esquire 414 Bridge Street New Cumberland, PA 17070 Telephone: 717-774-7435 Attorneys for Defendant MICHAEL L. HILBISH, JN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 11-6699 CIVIL TERM STONEHOUSE AUTO SALES, LLC, :CIVIL ACTION - LAW Defendant -, == v (T1 0 C-) U7? fV PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDAI- ° TO: Stonehouse Auto Sales, LLC ._- c/o David H. Stone, Esquire - Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 (Attorney for Defendant) Attached are the Plaintiff's Interrogatories Directed to Defendant in connection with the above-captioned matter Respectfully submitted, By: >-'74?;? xw>- Michael L. Hilbish 4 Ellen Drive Enola, PA 17025 (717) 856-7412 (Pro Se) t? Date: MICHAEL L. HILBISH, Plaintiff V. STONEHOUSE AUTO SALES, LLC, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 11-6699 CIVIL TERM :CIVIL ACTION - LAW PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANT TO: Stonehouse Auto Sales, LLC c/o David H. Stone, Esquire Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 (Attorney for Defendant) Plaintiff, MICHAEL L. HILBISH, Pro Se, requests Defendant to file and answer under oath the original and serve a copy of the following interrogatories within thirty days of service, in accordance with Pa. R.C.P. Nos. 4005 and 4006. The Answers shall be inserted in the spaces provided after each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These interrogatories and request for production of documents are deemed to be continuing in nature to the extent provided in Pa. R.C.P. No. 4007.4, as amended. Any information secured subsequent to the filing which would have been included able in the answers had it been known or valuable, are to be promptly supplied by supplemental answers. DEFINITIONS AND INSTRUCTIONS Answer every interrogatory. No question is to be left blank. If the answer to an interrogatory is "none" or "unknown", such statement must be written in the answer. If the questions is inapplicable, "N/A" must be written in the answer. The Answers shall be construed and interpreted in accordance with the Pennsylvania Rules of Civil procedure. Please use the following definitions in answering these interrogatories or responding to the request for production of documents. 1. "Documentation" is an all-inclusive term referring to any writing and/or recorded or graphic matter, however produced or reproduced. The term "documentation" includes without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, tax returns, and financial statements, and all other such documentation tangible or retrievable of any kind. "Documentation" also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon, blueprints, magnetic tape, microfilm, film, motion picture film, phonograph records, computer discs or other form. If, between now and the trial, any additional information comes into your possession, custody or control, you are under a continuing obligation to supplement your answers to these interrogatories and to your responses to the request for production of documents. The Plaintiff reserves the right to propound hereafter other interrogatories and/or other requests for the production of documents. By: X/"? ?2 Michael L. Hilbish 4 Ellen Drive Enola, PA 17025 (717) 856-7412 (Pro Se) INTERROGATORIES On February 19, 2011, or at any other time, did you and the Plaintiff execute any Agreements? If yes, then indicate when, where, and under what circumstances was the documentation executed and list all of the details surrounding the preparation and execution of same? 2. Have you ever done business under an assumed or fictitious or corporate name? If so, for each business or trade name, state: A. The title or name used B. The dates of use C. The reason for use D. Your employment at the time of each use E. Your residence at the time of each use 3. When, where, and under what circumstances did you first meet the Plaintiff? 4. Did you have any business purpose or dealings in mind with respect to the Plaintiff? If so, state: A. The nature of the business B. The name and address of any person with whom you had discussed this business Prior to the date of the execution of the aforementioned documentation, did you or any employee advise the Plaintiff that the subject vehicle had been stolen? If so, for each occasion, state: A. The time of occurrence B. The place of occurrence C. Who initiated it D. What was said, and by whom E. The names, addresses and relationships to you, if any, of all persons present during these business discussions F. What conclusions if any, were reached 6. Have you ever, prior to or since the time of this lawsuit, had a legal action or claim of any nature filed against you in any form? If so, for each occasion, state: A. The nature of the action or claim B. The date of filing C. The place of filing D. The name and address of each person involved, and his status with respect to the litigation E. The final disposition of the action or claim F. The substance of any decision rendered, where and in what forum such decision was rendered, and by whom such decision was rendered, amicable or otherwise 7. With respect to your activities on the date of execution of the documentation, prior to the actual execution, did you meet or have discussions with anybody on any matter relating to the aforementioned documentation? A. The time and duration thereof B. The place conducted C. The name, address, and relationship to you, if any, of each person present D. What was said and done, and by whom Who was present when the aforementioned documentation was signed by the Plaintiff and you or your employee(s)? Are said employee(s) still employed at said business? If not, why? 9. In detail, list which parties determined the details/substance of the documentation and which parties desired and requested the provisions of the documentation? 10. What are the facts upon which you base your Answer? Respectfully submitted, By: Michael L. Hilbish 4 Ellen Drive Enola, PA 17025 (717) 856-7412 (Pro Se) $7 e /4i vs 41-c -5/9c-6f CCc Case No. / 6699 rn Q STATEMENT OF INTENTION TO PROCEED r—' -< v r— < >.C-) CZ intends to proceed with the above captioned To the Court: rn�ch e/ Print Name e. /4 Sign Name -.7/)7'1:41‘.oZ • ).,U'" ` Date: ?%/°2-a/Y Attorney for IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to, Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.