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HomeMy WebLinkAbout04-4168 oLi-iflw 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No< 09-3-05 DJ Name. Hon. GAYLE A. ELDER Addess' 507N. YORK ST. MECHANICSBURG, PA Telephone: (717j 766-4575 17055 GREAT SENECA FINANCIAL CORP 267 E MARKET STREET C/O WOLPOFF & ABRAMSON YORK, PA 17403 THIS IS TO NOTIFY YOU THAT: Judgment: 3- 0 Judgment was entered for: NOTICE OF/?JUDGMENT/T ANSCRIPT PLAINTIFF: CIVIL CASE NAME FGREAT SENECA FINANCIAand LACORP 267 E MARKET STREET C/O WOLPOFF & ABRAMSON LYORK, PA 17403 VS. J DEFENDANT: NAME and ADDRESS rPETERS, MARK S 7 1130 BOILING SPRINGS ROAD MECHANICSBURG, PA 17055-9728 L J DocketNo.: CV-0000133-04 Date Filed: 5/10/04 _ v4 (Name) (SRRAT gFmmT.A FTNAN('TAT Rp 0 Judgment was entered against: (Name) PETR ?S MARK G in the amount of $ , 1 79 9A on: Defendants are jointly and severally liable. F1 Damages will be assessed on: This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 6/1 n4 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER.-HE ENTRY OFJUDGMENT 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 JUDGMENT/TRANSCRIPT 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. I certify that this is a true and correct District Justice =dings containing the judgment. District Justice My commission expires first Monday of January, 2006 . SEAL a AOPC 315-03 DATE PRINTED: 6/11/04 3:25:44 PM ------------ 4 ? ?d "IQ 01, F o? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP., No. 04-41Is? C- - ' I A MARYLAND CORPORATION, ASSIGNEE OF FORWARD PROPERTIES, ASSIGNEE OF ORCHARD BANK P.O. BOX 1651 ROCKVILLE, MD 20849 Plaintiff Vs. CIVIL ACTION - LAW MARK S PETERS 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 that I am the Attorney for the Plaintiff in the above-captioned matter, the best of my knowledge, information and belief Defendant, MARK S PETERS , above-named, is over 21 years of age; known to reside at 1130 BOILING SPRINGS RD MECHANICSBURG PA 17055-9728 and say and that to is last County of York, 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. Amy F. Doyye // /187062 Daniel F./4Wolfson V #20617 Bruce H. Cherkis #18837 Philip C. Warholic x/86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection " 267 East Market Street k York, PA 17403 - (717) 846-1252 Counsel for Plaintiff SWORN and SUBSCRIBED to before me this day of AAnj 2004. V Notary Public PNMAFF/PANOJ W&A FILE NO. 115952201 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP., No. o4_ A MARYLAND CORPORATION, ASSIGNEE OF FORWARD PROPERTIES, ASSIGNEE OF ORCHARD BANK P.O. BOX 1651 ROCKVILLE, MD 20849 Plaintiff Vs. CIVIL ACTION - LAW MARK S PETERS 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, MD 20849 and certify that the last known address of the within Defendant(s) is: MARK S PETERS 1130 BOILING SPRINGS RD MECHANICSBURG PA 17055-9728 Amy F. Doyl P?87062 Daniel F. W lfson #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 PCRES/PANOJ W&A FILE NO. 115952201 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline - -, . Sheriff Ronny R Anderson Chief Deputy Jody S Smith; Civil Process Sergeant Edward L Schorpp Solicitor Great Seneca Financial Corp., A Maryland Corporation, Assignee of Forw Case Number vs. Mark S Peters 2004-4168 SHERIFF'S RETURN OF SERVICE 11/12/2009 11:53 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 1153 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Mark S. Peters, in the hands, possession, or control of the within named garnishee, Belco Community Credit Union, 3500 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Sonia Hoffman, Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 13, 2009 to Mark S. Peters, 1130 Boiling Springs Road, Apt. R, Mechanicsburg, PA 17055-9728. So Answers, R. Thomas Kline, Sheriff B y f /. e uty Sheriff PRAECI:PE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 TO 3149 GREAT SENECA FINANCIAL CORP., A MARYLAND CORPORATION, : IN THE COURT OF COMMON PLEAS OF ASSIGNEE OF FORWARD PROPERTIES. : CUMBERLAND COUNTY, PENNSYLVANIA ASSIGNEE OF ORCHARD BANK Plaintiff VS. JUDGMENT NO. 044168 MARK S PETERS Defandant(s) PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Please issue the Writ of Execution in the above-captioned matter, in the amount of $ [1) ,? (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against, MARK S PETERS 1130 BOILING SPRINGS RD APT R MECHANICSBURG PA 17055-9728 Defandant(s); (3) and against BELCO COMMUNITY CREDIT UNION located at 3500 TRINDLE ROAD CAMP HILL PA 17011 Garnishee(s); (4) And index this writ (A) against MARK S PETERS Defandant(s) and (B) against, BELCO COMMUNITY CREDIT UNION ,Garnishee(s), as a lis pendens against the real property of the Defandant(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 BELCO COMMUNITY CREDIT UNION , 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 : $ i mJ Y) Interest From: 06/11/2004 To Be Determined At an interest rate o 6$ per year Total: $ 1j Plus costs ^ interest David R. 10 ay #87326/Philip C. Warholic #86341 Sarah E. Eha #86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 PABGAR/PABANK FILE # 115952201 FILE -)7 TF, 2009NO --Z Pii 1: 18 cur, JA 4014.50 Po m y t9. a!5 CpF- a.5o y q as - Pn A TTY ex,`"'kAQ17 er# a 3a348 l.?rti+? ?ee?rha+??sswd WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4168 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 MARK S. PETERS, 1130 Boiling Springs Rd, Apt R, Mechanicsburg, PA 17055-9728 (I) 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 GARNISHEE(S) as follows: BELCO COMMUNITY CREDIT UNION, 3500 Trindle Road, Camp Hill, PA 17011 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. 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 $1,013.79 L.L. $.50 Interest from 6/11/04 at interest rate of 6% per year -- To be Determined Atty's Comm % Atty Paid $46.25 Plaintiff Paid Date: 11/02/09 (Seal) REQUESTING PARTY: Name AMY DOYLE, ESQUIRE Address: MANN BRACKEN LLP 4660 TRINDLE ROAD, SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 866-253-0128 Supreme Court ID No. 87062 Due Prothy $2.00 Other Costs C.t.iK? E LOX Long, Prothonotary By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION Plaintiff NO. 04-4168 v. CIVIL ACTION -LAW ~~ c o ~ MARK S PETERS ~ ~ a ~-,~ ~ ~ Q Defendant(s) ~ c ~ „~ ~.. ~, . --+r~ ~~ ~-n ENTRY OF APPEARANCE ca ~ r-y - - ~, ~ -- ~s , s TO THE PROTHONOTARY: ~; ,~.. _,.,~ v Kindly enter the undersigned as counsel for Plaintiff in the captioned matter. Submitted, By: David R. Ga oway # 326 Fulton Friedman & ullace, LLP Counsel for Plaintif Attorneys in the Practice of Debt Collection 130B Gettysburg Pike Mechanicsburg, PA 17055 Tel: (866) 563-0809 Fax: (585) 546-4241 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance was served this date by depositing same in the Post Office, first class mail, postage prepaid, addressed as follows: MARK S PETERS 29 WALMAR MNR DII,LSBURG PA 17019-1412 Ib~lO David R. Gallo ay Date Attorney ID # 7326 FFG File #: 210109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION Plaintiff c o -Li ,~ ~ NO. 04-4168 r,-, ~~ a ~. ~ _ ~ ~, CIVII, ACTION -LAW ~ T' -- ~ ~i- _ { MARK S PETERS ~`> ~ t~ ~ ~ ~ ~ O -rl .~ c o ~ Defendant(s) A~ rv D ~'~' -{ N ~ NOTICE OF ASSIGNMENT ~ The Judgment entered in this action was assigned for value from the above referenced Plaintiff to Palisades Acquisition XVI, LLC (hereinafter "Palisades"), 210 Sylvan Avenue, Englewood Cliffs, NJ 07632, for its use and at its risk, costs and charges in all respects. A copy of Palisades' Bill of Sale from the original Plaintiff to Palisades is attached hereto. Respectfully submitted, FULTON FRIEDMAN & GULLACE, LLP David R. Gallow y Attorney I.D. o. 87326 130B Gettysb g Pike Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice was served this date by depositing same in the Post Office, first class mail, postage prepaid, addressed as follows: MARK S PETERS 29 WALMAR MNR DII,LSBURG PA 17019-1412 fO~IU David R. Gall ay Date Attorney ID #87326 $$.00 P p pTtZ/ ~~ 5olao ~~ aso ~9 BILL OF SALE THIS BILL OF SALE is dated as of March ~, 2007 between GREAT SENECA FINANCIAL CORPORATION organized under the laws of the State of Maryland, located at 700 King Farm Blvd, Rockville, MD 20850 ("Seller") and PALISADES ACQUISITION XV, LLC, a Delaware limited liability company organized under the laws of the State of Delaware with its headquarters/principal place of business at 210 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement (the "Agreement") dated February 5, 2007, between Buyer and the Sellers (as defined in the Agreement), Seller does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, all of the accounts of Seller included in the Accounts described in Section 1.2 of the Agreement, attached hereto as Schedule I. This Bill of Sale is executed without recourse and without representations or warranties including, without limitation, any warranties as to collectibility, except as set forth in the Agreement. GREAT SENECA FINANCIAL CORPORATION, PALISADES ACQUISITION XV, LLC Seller Buyer (Signature) Name: Daniel Varner Title: President By: Name: Title: (Signature) iooz.-isi o~ro~~z~~ 2~ uam.oa THlS BILL OF SALE is detect as of March ~^, 2007 lxtwren GREAT S~TECA I~"(1VANCIAL CORPURATIUN arr~utired under '!fie laws of flue State of Maryland, located at 700 King Farm Blvd. R~ockrilb, MD .m~0 ("Salter") and PALISAt>~S ACQ~iISITlON XV, I.LC, a f~elaes~are limited liability corr~etty or~ixod utdor the lawn of iC+a State of Adav-'ax` ~~th its headquarteisipr;ncips~l place of bi~einess at 210 Sylvan Avenue. Englewood Cl::r'fs, Nevi Jersey i)?fi32 t"Buyer") For value n~aived and subject m the tarrra abd condition of ttte Ptuchase and Sale Agmement (the "A,gr~ecrr~ot") dated Febtua~y 5, 2f~)y. between Bttvst and the Sellers (as defined in tta' Ag~eemtnt), Seller does haaby ttansfen se11, as=igq convey besgain, set avror and deliszr to Auyer, and W Btyer+s successors aaa assigns, all of the Accounts of 5elter iuvclutbd in the Ac~coue~s described in Section 1.2 of the Agneeme;at, attached hereto ag Schedule 1. 7ltis Bill of Sale is executed without recourse ~d ryihout representations ox warranties including, aethc+ut iimoitation, any warsantiea as tt~ colloctibitity, e+icept as set forth m the ~~. GREA,7 SkI+IFCA FINANCIAL CORPORA'I7ON, Seller PALISAD>r5 ,t~C QUlST1'IO!v XY, l.LC gayer /Lr ~ By: t~~t~) >v~: Title: ~'' _ (S~'~! ~ ~ Yamo: r~ , Title: ~l4~~K.. ,~~~ BILL OF SALE Subject to the terms and conditions of that certain Sale Agreement, dated as of March ~, 2007 (the "Agreement"), between PALISADES ACQUISITION XV, LLC ("Seller', a Delaware limited liability company organized under the laws of the State of Delaware with its headquarters/principal place of business at 210 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 and PALISADES ACQUISITION XVI, LLC ("Buycr'~, a Delaware limited liability company organized under the laws of the State of Delaware with its headquarterslprincipal place of business at 210 Sylvan Avenue, Englewood Cliffs, New Jersey 07632, and for the consideration set forth in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller does hereby sell, convey, assign, transfer, set over and deliver to Buyer all of Seller's right, title and interest in all of the Receivable Assets, which such Receivable Assets are more fully described in the Agreement. This Bill of Salc is being delivered pursuant to the Agreement and is subject to each of the terms set forth therein. This Bill of Sale shall be .binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement. [signature page follows] ~ oo2a~s ~ 03/U1/2007 27 7 2494.Oi IN WITNESS Y~'HEREOF, Seller has caused this Bill of Sale to be executed on its behalf by its duly authorized officer as of this ~, day of March, 2007. .PALISADES ACQUISITION XV, LLC ~~ ~~ By; Name: ~ ~ ~`i. ~c 1f -. ~--.,.. Title: ,~+~?~.. ~/ r .~_ s' L COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANQk GREAT SENECA FINANCIAL CORP. -� Plaintiff No. 04-4168 Cc r— ---4 C s VS. ; CIVIL ACTION C= MARK S. PETERS, c 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$1,172.78 plus costs was entered in Cumberland County on August 23, 2004 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on June 13, 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 July 15, 2013A certificate of Service is attached hereto as Exhibit "A". 6. As of July 15, 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. t 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, Es . Attorney ID N . 81288 Attorney fo laintiffs P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. Plaintiff No. 04-4168 vs. CIVIL ACTION MARK S. PETERS, Defendant CERTIFICATE OF SERVICE I,Alan R. Mege,Esquire,hereby certify that on July 15,2013,1 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:Mark Peters, 117 Harrisburg Pike, Dillsburg, PA 17019. By: an R. Mege, Esqui Atty. I.D. #8128 Attorney for Plaintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. : Plaintiff : No. 04-4168 vs. • : CIVIL ACTION MARK S. PETERS, Defendant • ORDER AND NOW,this 25TH day of JULY, 2013, a Rule is issued upon Defendant to Show Cause why the Plaintiff's Motion to Compel should not be granted. Rule returnable twenty(20)days after service. cam. LT., -v- fTlCr7 ( -" l_' -..1" r -J C.� (V :- r a� v C, r - Distribution: 6ep>/ Alan R. Mege, Esq., 70 E Broad St., Bethlehem, PA 18016 0% /Mark Peters, 117 Harrisburg Pike, Dillsburg, PA 17019 O ! COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. Plaintiff No. 04-4168 VS. �' 1 CIVIL ACTION MARK S. PETERS, ? -, _... Defendant CERTIFICATE OF SERVICE' I,Alan R.Mege,Esquire,hereby certify that on August 1,2013,1 serveA tr ccoirect copy of the Court's July 25,2013 Order by mailing same first class,postage prepaid to:`Mars Peters, p;l; 117 Harrisburg Pike, Dillsburg, PA 17019. �.� By: Mege, Esquir Atty. I.D. #81288 Attorney for P mtiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 i ,9 �F4a! : 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. . Plaintiff No. 04-4168 w : :Z rrn _ r- vs. CIVIL ACTION car- ~' 4Z' MARK S. PETERS, 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 July 25, 2013, a Rule was issued upon the Defendant, Mark S. Peters, 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 July 25, 2013, Order in the Office of the Cumberland County Prothonotary. As of August 26, 2013, no answer has been filed. 3. A copy of this Motion and proposed Order were mailed to Defendant, via first class mail on August 26, 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. an R. Mege, Esq. Attorney ID No. 8128 Attorney for Plaintiff t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. Plaintiff No. 04-4168 vs. CIVIL ACTION MARK S. PETERS, Defendant ORDER AND NOW,this 25TH day of JULY,2013,a Rule is issued upon Defendant to Show Cause why the Plaintiffs Motion to Compel should not be granted. Rule returnable twenty(20)days after service. C-) c � w m r err; . Z D c-i `�'• f J. Distribution: Alan R.M69e, Esq., 70 E Broad St., Bethlehem, PA 18016 Mark Peters, 117 Harrisburg Pike, Dillsburg, PA 17019 aUL 3 1 2013 t -i i - V, ... COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. Plaintiff No. 04-4168 VS. CIVIL ACTION MARK S. PETERS, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on August 26, 2013, I served Plaintiff's Motion to Make the Rule Absolute mailing same, first class, post prepaid to: Mark Peters, 117 Harrisburg Pike, Dillsburg, PA 17019. By: lan R. Mege, Esquire Atty. I.D. #81288 Attorney for Plai f P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 a COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. Plaintiff No. 04-4168 VS. CIVIL ACTION MARK S. PETERS, Defendant ORDER AND NOW, this day of , 2013, upon consideration of Plaintiff's Motion to Make the Rule Absolute, it is hereby ORDERED that the Rule issued on July 25, 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 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, to be paid within twenty (20) days of this Order. Judge Distribution: Alan R. Mege, Esquire, 70 East Broad Street, Bethlehem, PA 18016 Mark Peters, 117 Harrisburg Pike, Dillsburg, PA 17019 r a t s COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c� GREAT SENECA FINANCIAL CORP. Plaintiff No. 04-4168 J:3: rn m v� :n - vs. � CIVIL ACTION MARK S.S. PETERS, : ° '�° A n � Defendant ORDER AND NOW, this 2 day of.!rS, 2013, upon consideration of Plaintiff's Motion to Make the Rule Absolute, it is hereby ORDERED that the Rule issued on July 25, 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 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, to be paid within twenty (20) days of this Order. Judge Distribution: Alan R. Mege, Esquire, 70 East Broad Street, Bethlehem, PA 18016 Mark Peters, 117 Harrisburg Pike, Dillsburg, PA 17019 C49 es n?-�It LCL -fin COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. = Plaintiff : No. 04-4168 vs. • ,t_ : CIVIL ACTION MARK S. PETERS, : y r~s v r Defendant • • p- 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$1,172.78 plus costs was entered in Cumberland County on August 23, 2004 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on June 13, 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 September 3, 2013 requiring Defendant, within twenty(20) days, to make full and complete answers to Interrogatories. A true and correct copy of the September 3, 2013 Order is attached as Exhibit 5. As of October 10, 2013, Plaintiff has not received Defendant's answers to Interrogatories. 6. A copy of this Motion and proposed Order was sent to Defendant on October 10, 2013. A Certificate of Service is attached hereto. 7. Counsel for Plaintiff sent correspondence to Defendant on September 24, 2013, seeking concurrence, and Defendant is unopposed. 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 September 3, 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 will be imposed upon Defendant following application to this Court. ,! Mege, Esq. Attorney ID No. 81 :8 Attorney for Plai iff PO Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c7 GREAT SENECA FINANCIAL CORP. : Plaintiff : No. 04-4168 9r, ar, rn -n rrl vs. cn : CIVIL ACTION �Q -t, o MARK S. PETERS, : tea , Defendant : �"' w ORDER AND NOW, this 3 n, day of ofSinbnitt2013, upon consideration of Plaintiffs Motion to Make the Rule Absolute, it is hereby ORDERED that the Rule issued on July 25, 2013, is hereby made absolute and Plaintiffs 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 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, to be paid within twenty (20)days of this Order. , Judge i, Distribution: • W�j • Alan R. Mege, Esquire, 70 East Broad Street, Bethlehem, PA 18016 ' �\ f 2p13 - 9 Mark Peters, 117 Harrisburg Pike, Dillsburg, PA 17019 SAP 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 September 24, 2013 Mark Peters 117 Harrisburg Pike Dillsburg, PA 17019 RE: Great Seneca Financial Corp. Cumberland County# 04-4168 Dear Mr. Martens: 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 October 9, 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/slh 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. : Plaintiff : No. 04-4168 • vs. : CIVIL ACTION MARK S. PETERS, • Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on October 10, 2013, 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: Mark Peters, 117 Harrisburg Pike, Dillsburg, PA 17019. By. l —> . R. Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. : Plaintiff : No. 04-4168 C-: F , CO C.s ,_ VS. • �.� �3 : CIVIL ACTION 7,1 �, MARK S. PETERS, C.' I_., ._ Defendant • �v ORDER '�:°� r AND NOW, this fda of CQ114 2013 upon consideration of Plaintiff's Motion for Sanctions, and Defendant's response thereto, if any, it is hereby #1.-fi'cte-om Crialadiard ORDERED t - ' :• , • . . s - . ; lost Nn 7 .?v/3 •3 p .m . - • - 11„. • . .- - 1'for*y( •. �_•. � �. •. _�-- • ', o the use,if 3' a 4,11r.g~'/ et •, / 70, IT - _ - . -_. - -. - - _ .. . . :.- agei aat-Pefenthrrt I . , • •p • •_1 a be imposed upon Defendant following a..li ...•.• •• • BY THE COURT: , Judge Alan R. Mege, Esq., 70 E. Broad St., Bethlehem, PA 18018 %ark Peters, 117 Harrisburg Pike, Dillsburg, PA 17019 CT!es freLLEtt, /01a.03 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Crt GREAT SENECA FINANCIAL CORP. : .19 w Plaintiff : No. 04-4168 r* • • vs. : CIVIL ACTION ' In -0 ca MARK S. PETERS, viV +'} Defendant ....i as _:0 PRAECIPE TO WITHDRAW PLAINTIFF'S MOTION FOR SANCTIONS TO THE CLERK OF SAID COURT: Please withdraw the Motion for Sanctions filed in the above-captioned matter. Date: October 30, 2013 • an R. Mege, Esq. Attorney ID No. 81 z :8 Attorney for Plai iff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. : Plaintiff : No. 04-4168 vs. : CIVIL ACTION MARK S. PETERS, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on, July 11, 2014, I served Plaintiffs Discovery In Aid Of Execution by mailing same, first class, post prepaid to: Mark Peters, 15 Sam Snead Circle, Etters PA 17319. By: Al ' . Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 rrry rrl Ca CD TCW COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. : Plaintiff : No. 04-4168 C.:.. vs. -0-A- -7. ..C- aC- x. : CIVIL ACTION`` - ` :7,0C) -- ;' MARK S. PETERS, u) -70 -- -' Defendant' ='' PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS 1- r' 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 $1,172.78 plus costs was entered in Cumberland County on August 23, 2004 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on July 11, 2014. 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 14, 2014. A certificate of Service is attached hereto as Exhibit "A". 6. As of August 14, 2014, 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 not received. 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 $250.00, as well as such other and further relief as the Court may deem just and appropriate. Alan R. Mege, Es Attorney ID No. 1288 Attorney for aintiffs P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP. : Plaintiff : No. 04-4168 vs. : CIVIL ACTION MARK S. PETERS, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on August 14, 2014, 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: Mark Peters, 15 Sam Snead Circle, Etters, PA 17319 By: an R. Mege, Esquire Atty. I.D. #81288 Attorney for Plaintif P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 GREAT SENECA FINANCIAL : IN THE COURT OF COMMON PLEAS OF CORP., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MARK S. PETERS, Defendant : NO. 2004 – 4168 CIVIL : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 26TH day of AUGUST, 2014, upon consideration of Plaintiff's Motion to Compel, there are insufficient facts averred to enable us to decide whether discovery filed almost 10 years after the judgment was entered is appropriate. Therefore, Plaintiffs Motion is DENIED without prejudice. —Alan R. Mege, Esquire 70 East Broad Street Bethlehem, Pa. 18016 �Nlark Peters 15 Sam Snead Circle Etters, Pa. 17319 :sld «s 6/2..//51 Edward E. Guido, J.