Loading...
HomeMy WebLinkAbout11-7432COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-02 MDJ Name: Honorable Barbara A. Clare Address: 1901 State Street Camp Hill, PA 17011 Telephone: 717-761-0583 Seligman, Friedman & Company PC 235 St Charles Way Ste 250 York, PA 17402 Disposition Summary Docket No MJ-09102-CV-0000096-2011 Judgment Summary Participant Tonya Williams dba Rejoice inc Seligman, Friedman & Company PC V. Tonya Williams dba Rejoice inc \g-00 qok%?' Llr-r'1is" PA I_? (O3 Docket No: MJ-09102-CV-0000096-2011 Case Filed: 4/7/2011 Plaintiff Defendant Disposition Disposition Date Seligman, Friedman & Company Tonya Williams dba Rejoice inc Default Judgment for Plaintiff 05/19/2011 PC Joint/Several Liability Individual Liability Amount $0.00 $11,625.67 $11,625.67 Judgment Detail (*PostJudgment) In the matter of Seligman, Friedman & Company PC vs. Tonya Williams dba Rejoice inc on 5/19/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $11,473.67 $11,473.67 Filing Fees $0.00 $152.00 $152.00 Grand Total: $11,625.67 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 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. F9/ y3?-s *A3 1?.&z . !W'. Date Magisterial District Judge Barbara A. Clare / certify that this is a true an correct copy o the record o the proceedings co ping the judgment. Date Magisterial District Judge Barb a A. are MDJS 315 Page 1 of 2 Printed: 06/28/2011 9:59:17AM 3,t ?er It L. "M1 ?3V V? '?{ti i. avv?h o )x lD wiz w %, v co ?,?absaso.?.? 1=�-GFF1C�: L�� a lil` r'P"THO?SOT ili t 2113 JUL 24 ,°i 10: 0j, CUMBERLAND COUNTY Pl``NNsYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA SELIGMAN, FRIEDMAN & COMPANY, P.C., Plaintiff, V. Docket No.:11-7432 TONYA WILLIAMS d/b/a CIVIL TERM REJOICE,INC., Defendant. For Plaintiff: Glenn J. Smith, Esquire PA#206767 135 North George Street York, PA 17401 Tel: (717) 848-4900 Fax: (717) 843-9039 gsmith @cgalaw.com For Defendant: Tonya Williams 1820 Linglestown Road Harrisburg, PA 17110-3339 MOTION TO COMPEL FULL AND COMPLETE ANSWERS TO INTERROGATORIES IN AID OF EXECUTION Submitted by Attorney Glenn J. Smith, Counsel for Seligman, Friedman& Company, P.C. (00715223/3) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SELIGMAN, FRIEDMAN & COMPANY, P.C., . Plaintiff, V. Docket No.:11-7432 TONYA WILLIAMS d/b/a CIVIL TERM REJOICE, INC., . Defendant. MOTION TO COMPEL FULL AND COMPLETE ANSWERS TO INTERROGATORIES IN AID OF EXECUTION AND NOW, TO WIT, this 23`d day of July, 2013, comes Plaintiff, Seligman, Friedman & Company,P.C., by and through their undersigned counsel, CGA Law Firm, files the within Motion to Compel Discovery and states in support thereof: 1. Plaintiff, Seligman, Friedman& Company, P.C., is a Pennsylvania professional corporation located at 235 St. Charles Way, Ste. 250, York, PA 17402. 2. Defendant, Tonya Williams is an individual with an address of 1820 Linglestown Road, Harrisburg, Pennsylvania 17110. (00715223/3) . 3. On or about March 8, 2013, Plaintiff served on Defendant its First Set of Interrogatories in Aid of Execution Addressed to Defendant. 5. Pursuant to Pa.R.C.P. 4006(a)(2) and 4009.12(a)(1), Defendant's responses and objections, if any,to said discovery were due on or about April 7, 2013. 6. Defendant failed to respond to the First Set of Interrogatories by April 7, 2013. 7. On April 12, 2013, Plaintiff notified Defendant of her failure to comply with the Pennsylvania Rules regarding discovery and requested that Defendant respond to the Plaintiff's Interrogatories without the Court's intervention. A true and correct copy of the aforementioned demand is attached,hereto, made a part hereof and marked as Exhibit "A". 8. To date, Defendant has never responded to the Plaintiff's First Set of Interrogatories or Plaintiff's related correspondence. 9. Plaintiff avers that Defendant will not answer Plaintiff s Interrogatories in Aid of Execution absent a Court Order pursuant to Pa. R.C.P.§ 4019(a)(1)(i). 10. The Court'may, on motion, compel Defendant to respond to Plaintiff's written discovery requests upon Defendant's failure to serve answers or objections to written interrogatories, or failure to respond to a request for production of documents pursuant to Pa. R.C.P. § 4019(c)(5). (0071522313) WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order directing Defendant to provide full and complete answers to Plaintiff's Interrogatories in Aid of Execution within ten(10) days or suffer sanctions as this Honorable Court sees fit, including counsel fees in the amount of$25.00 per day for every day that the completed Interrogatories in Aid of Execution are not received following the Court's order and award $750.00 to Plaintiff for the cost of preparing and presenting the instant Motion. Respectfully submitted, CG 7 By: tl le , Esquire PA#206767 135 North George Street York, PA 17401 Tel: (717) 848-4900 Fax: (717) 843-9039 gsmith @cgalaw.com Counsel for Plaintiff (00715223/3) yT �� WAI I L A W F I R' M Glenn J.Smith,Attorney gsmfth@cgalaw.com Ext. 135 April 12, 2013 Tonya Williams 1820 Linglestown Road Harrisburg,PA 17110-3339 Re: Seligman, Friedman & Company, P.C.v. Tonya Williams d/b/a Rejoice, Inc. Dear Ms. Williams: On March 8, 2013 I directed to your attention Interrogatories in Aid of Execution on behalf of my client Seligman,Friedman&Company, P.C. These Interrogatories pertain to a judgment my client obtained against you in the amount of$11,625.67 on May 19, 2011. The Pennsylvania Rules of Civil Procedure require full and complete responses from you within 30 days of service. You have failed to do so. Should I not be in receipt of full and complete responses to said Interrogatories, by the close of business Friday, April 19, 2013, I will be forced to file a Motion to Compel in which I will request attorney's fees and costs related thereto. Enclosed herein are a duplicate set of those Interrogatories should the original set not be handy. You are welcome to contact my office should you wish to discuss this further. V er tly yours, . Smith GJS/kml Enclosure EXHIBIT (00695789/1) CGA Law Firm,CGA Professional Center, 135 N. George Street,York,PA 17401,717.848.4900, Fax 717.843,9039.www.coalaw.cnm COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA SELIGMAN, FRIEDMAN & COMPANY,P.C., . Plaintiff, V. Docket No.:11-7432 TONYA WILLIAMS d/b/a CIVIL TERM REJOICE, INC., Defendant. CERTIFICATE OF SERVICE I hereby certify that on this 23`d day of July, 2013, a true and correct copy of the Plaintiff s Motion to Compel Full and Complete Answers to Interrogatories in Aid of Execution was served, via first class mail, postage prepaid upon the following: Tonya Williams 1820 Linglestown Road Harrisburg, PA 17110-3339 21, .� Shane M. Rohrbaugh, Paralegal for Glenn J. Smith, Esquire (00715223/3) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SELIGMAN,FRIEDMAN & COMPANY, P.C., Plaintiff, V. Docket No.:11-7432 TONYA WILLIAMS d/b/a CIVIL TERM REJOICE, INC., Defendant. ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL INTERROGATORIES IN AID OF EXECUTION AND REIMBURSEMENT OF LEGAL COSTS AND NOW, this V Say of V AL/I , 2013, upon consideration of Plaintiff's Motion to Compel Interrogatories in Aid of Execution filed in the above-docketed matter, it is hereby ORDERED and DECREED that: (1) Defendant must serve upon Plaintiff full and complete responses to Plaintiff's First Set of Interrogatories in Aid of Execution directed to Defendant within ten (10) days of the date of this Order or suffer sanctions as this Honorable Court deems just and proper,irteft?ftrg-. @e wtsei fees in the- d ay (00715223/3) ( - the "MV-7111 9 a ref' r sanc ions as is o IT IS FURTHER ORDERED that Defendant must provide the documents electronically via electronic mail, regular mail, or facsimile. BY THE COURT, J. DISTRIBUTION: , Glenn J. Smith, Esq. CGA Law Firm 13 5 N. George St. York, PA 17401 Tonya Williams d/b/a Rejoice, Inc. 1820 Linglestown Rd. �D Harrisburg, PA 17110-3339 O Cz M� ..—..,.M '1 G rb'"•4 (0071522313) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SELIGMAN, FRIEDMAN & �t COMPANY, P.C., Docket No. 11-7432 Plaintiff, ' y,'n cy Z V. v --id TONYA WILLIAMS d/b/a �y� - REJOICE, INC., ° Defendant. co MOTION FOR DISCOVERY SANCTIONS FOR FAILURE TO OBEY COURT ORDER TO ANSWER AND NOW, this 19th day of August, 2013, comes Plaintiff, Seligman, Friedman & Company, P.C., by and through its counsel, Glenn J. Smith, Esquire, and CGA Law Firm, and files this Motion for Discovery Sanctions as a result of the failure of, Defendant, Tonya Williams d/b/a Rejoice, Inc., to comply with this Honorable Court's July 31, 2013 Order Granting Plaintiff s Motion to Compel Interrogatories in Aid of Execution and in support thereof avers as follows: 1. Plaintiff, Seligman, Friedman& Company, P.C., is a Pennsylvania professional corporation located at 235 St. Charles Way, Ste. 250, York, PA 17402. 2. Defendant,Tonya Williams is an individual with an address of 1820 Linglestown Road, Harrisburg, Pennsylvania 17110. 3. On or about March 8, 2013, Plaintiff served on Defendant its First Set of Interrogatories in.Aid of Execution Addressed to Defendant. 4. Pursuant to Pa.R.C.P. 4006(a)(2) and 4009.12(a)(1), Defendant's responses and objections, if any, to said discovery were due on or about April 7, 2013. 5. Defendant failed to respond to the First Set of Interrogatories by April 7, 2013. (00735925/1) 6. On April 12, 2013, Plaintiff notified Defendant of her failure to comply with the Pennsylvania Rules regarding discovery and requested that Defendant respond to the Plaintiff s Interrogatories without the Court's intervention. 7. Defendant failed and/or refused to respond to Plaintiff in any capacity. 8. On or about July 23, 2013, Plaintiff filed a motion to compel discovery to which this Honorable Court issued an Order dated July 31, 2013 therein directing Defendant to provide full and complete answers to said Interrogatories within 10 (10) days of the date of its Order or suffer as this Honorable Court deems just and proper. 9. Defendant has neglected, failed and refused to supply answers to said Interrogatories despite this Honorable Court ordering and directing her to do so. 10. Plaintiff respectfully requests that this Honorable Court approve the proposed order annexed hereto. 11. Defendant has been unresponsive to Plaintiff and, therefore, has been unable to confer with all interested parties in order to attempt a resolution of this matter. 12. Defendant has been unresponsive to Plaintiff and, therefore, has not concurred with the filing of this Motion to Compel. WHEREFORE, Plaintiff, Seligman, Friedman & Company, P.C., respectfully requests that this Honorable Court approve the proposed order annexed hereto and enter any and all other such relief as is deemed just and necessary. (00735925/1) Respectfully Submitted, CGA Law Firm By: Glenn J. Smith ui • urt I.D. 859 York, Pennsylvania" 7401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 GSmith @cgalaw.com Counsel for Plaintiff (00735925/1) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SELIGMAN, FRIEDMAN & COMPANY, P.C., Docket No. 11-7432 Plaintiff, V. : TONYA WILLIAMS d/b/a : REJOICE, INC., Defendant. CERTIFICATE OF SERVICE I hereby certif y that on this /qday of August, 2013, a copy of the Motion for Discovery Sanctions for Failure to Obey Court Order to Answer Interrogatories in Aid of Execution was served upon the following party by first class mail, and postage prepaid: Tonya Williams 1820 Linglestown Road Harrisburg, PA 17110-3339 This Certificate is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. CGA Law Firm By: Samantha N. Ewing, Paralegal to Glenn J. Smith, Esquire {00735925/1} _ COURT OF COMMON PLEAS C= CUMBERLAND COUNTY, PENNSYLVANIA =rn rncu �r -s SELIGMAN, FRIEDMAN& COMPANY, P.C., Docket No. 11-7432 r-= Plaintiff, V. 511 cn t'J TONYA WILLIAMS d/b/a REJOICE, INC., Defendant. ORDER GRANTING PLAINTIFF'S MOTION FOR SANCTIONS AND NOW, thisA70day o*U46 2013, upon consideration of Plaintiffs Motion for Sanctions, it is hereby ORDERED that the motion is GRANTED. Befendetit, +en!a Wiiiitm"s, shrr*rr 2r-fttty ftne Of$20.00 LO 171e 77 oT F!aintiff ntil ;;'44 4ho pr-iwr of-d— of this eetrt reetaiii..'r, fali I nupl-CR: 7115"S to i ­@ffega4efi@s i-40 R_i_d_ @_f.@_4HW'*48ft6 C-ennsei feel of$;4Q.49-ffe W#Vftrde++" Pivifyti+��st Dofen4attt as @@mpe"smian for 0ve mid rmeesning-4_ gotifts@i foo&.8 'i. 'i vvid'i.. ter tfo� da7"f-dic dute 4 Defendant is ordered to appear personally in Courtroom No. of the Cumberland County Courthouse located at One North Courthouse Avenue, Carlisle, PA 17013 on the tl day of 0azel—, 2013, at b.' A.m. to show cause why she should not be found in contempt of the prior order and subject to further sanctions,which may be imposed at that time. ivy/ 'C V 1V"A0*A9;t #-� Y-AAD- 4 BY THE..GQLURT: L 4' fm J. _77 (0073592511) �yv) SELIGMAN, FRIEDMAN & IN THE COURT OF COMMON PLEAS OF COMPANY, P. C. , CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • V. • TONYA WILLIAMS d/b/a • REJOICE, INC. , Defendant NO. 11-7432 CIVIL TERM IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 4th day of October, 2013, at the request of the Plaintiff, hearing on the Motion for Sanctions is continued generally to be rescheduled at Plaintiff' s request . By the Court, Edward E. Guido, J. Glenn J. Smith, Esquire CGA Professional Center 135 North George Street York, PA 17401 For the Plaintiff ,/'lronya Williams 1820 Linglestown Road r•s Harrisburg, PA 17110 rn = • : 1fh - r Lpi'es 1v9/i3