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HomeMy WebLinkAbout13-2299 Supreme Couf oT�Vennsylvania COUr %f •COmmoli �Tieas For Prothonotary Use Only: Gt i�l Cooer�Shet �1� �`.�� ; _ , ., . � ��: ��/ Docket No: CUMBERLAND County 13 -aa9q 0imTerlo The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: j S 0 Complaint 0 El of Summons ' Petition Q Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C County of Cumberland Chang Mun Chon T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? !'Xi Yes I No (check one) Ooutside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes [Xi No A Name of Plaintiff /Appellant's Attorney: Keith O. Brenneman, Assistant County Solicitor Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. if you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card Board of Assessment E] Motor Vehicle 0 Debt Collection: Other Board of Elections 0 Nuisance 1 1 Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include Employment Dispute: mass tort) F ' Slander/Libel/ Defamation Discrimination C Q Other: Employment Dispute: Other Zoning Board , E3 Other: I Other: O MASS TORT El Asbestos N 0 Tobacco 0 Toxic Tort -DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS El Toxic Waste [3 Ejectment [] Common Law /Statutory Arbitration B 0 Other: El Eminent Domain /Condemnation 0 Declaratory Judgment El Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute 0 Non - Domestic Relations D Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial �-J Quo Warranto 0 Dental ©i Partition Replevin El Legal Quiet Title X Other: E] Medical Other: Collection of Hotel Room E] Other Professional: Rental Taxes i Updated 1/1/2011 COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLANIA V. NO. 2013 - AA9 CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., CIVIL ACTION – LAW c Defendants�ty x: �M - :0 :70 W V Fri PRAECIPE FOR WRIT OF SUMMON --4cD TO THE PROTHONOTARY: Please issue Writs of Summons in the above matter against: (1) Chang Mun Chon, 227 Ewe Road, Mechanicsburg, PA 17055; (2) Sun Yi Chon, 227 Ewe Road, Mechanicsburg, PA 17055; and (3) Chon Motel Enterprises, Inc., 227 Ewe Road, Mechanicsburg, PA 1.7055. SNELBAKER & BRENNEMAN, P. C. Date: April 26, 2013 By: Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Assistant Solicitor, Cumberland County WRIT OF SUMMONS TO: Chang Mun Chon, Sun Yi Chon and Chon Motel Enterprises, Inc. You are hereby notified that Plaintiff County of Cumberland has commenced an action against you. Date: /a!v /l3 notary By: Deputy *(DS_ , 75 PO ATT C#33(o(v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff � arerata�rl���dH }� Jody S Smith ?t7! , p, t Chief Deputy Richard W Stewart :€� ,a " .cr',;lE= tiU1']1��,j�t Solicitor AJ MNS Y LV, ANIA County of Cumberland Case Number vs. Chang Mun Chon (et al.) 2013-2299 SHERIFF'S RETURN OF SERVICE 05/02/2013 04:45 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Summons and Interrogatories by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Sun Yi Chon at 227 Ewe Rd., Lower Allen Twp., Mechanicsburg, PA 17055. 2."k, — SON KINSLER, DEPUTY 05/02/2013 04:45 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Summons and Interrogatories by handing a true copy to a person representing themselves to be Sun Yi Chon,who accepted as"Adult Person in Charge"for Chon Motel Enterrpsises, Inc. at 227 Ewe Road, Lower Allen, Mechanicsburg, PA 17055. JASON KINSLER, DEPUTY 05/02/2013 04:45 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Summons and Interrogatories by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Chang Mun Chon at 227 Ewe Rd., Lower Allen, Mechanicsburg, PA 17055. 11 X1111- JA60N KINSLER, DEPUTY SHERIFF COST: $71.76 SO ANSWERS, May 03, 2013 RONNY R ANDERSON, SHERIFF j JWI I I P j 17 r-. ,`J iB`R A C 4 AND PENNSY V Keith O. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker& Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County. COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2013 - 60_91 v. : CIVIL ACTION—LAW CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., : • Defendants MOTION TO COMPEL RESPONSES IN AIDE OF PRE-COMPLAINT DISCOVERY Plaintiff Cumberland County, by its Assistant Solicitor, Keith O. Brenneman, Esquire, submits this Motion to Compel and in support thereof states the following: 1. On May 2, 2013 the three Defendants in this action were each served with a Writ of Summons and Interrogatories, which Interrogatories were served for purposes of pre-complaint discovery pursuant to Rule 4003.8. 2. More that thirty days has elapsed from the service of the Writ of Summons and Interrogatories. 3. The Interrogatories Directed to Defendants that were served on the Defendants on LAW OFFICES SNELBAKER& BRENNEMAN, P.C. May 2, 2013 are attached hereto and incorporated by reference herein as "Exhibit A". 4. No attorney has entered an appearance for any of the Defendants in this action; accordingly, it is believed that the Defendants are not represented by counsel. 5. Defendants have not requested any extension of time by which to respond to the Interrogatories that were served upon them. 6. On June 4, 2013 Plaintiffs counsel by letter advised each Defendant that if answers under oath to the interrogatories were not provided, this Motion would be filed. No response was provided by the Defendants to the letter that was transmitted. 6. There being no present counsel of record, concurrence in this Motion could not be obtained pursuant to C.C.R.P. 208.2(d). 7. No judge has previously ruled in this case. WHEREFORE, Plaintiff requests this Court to issue an Order compelling Defendants to respond to the Interrogatories Directed to Defendants. SNELBAKER& BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: June 11, 2013 Assistant Solicitor for Plaintiff County of Cumberland LAW OFFICES SNELBAKER& BRENNEMAN. P.C. -2- VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Keith O. Brenneman, Assistant Solicitor Cumberland County Date: June 11, 2013 LAW OFFICES SNELBAKER& BRENNEMAN, P.C. Keith O. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker & Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County. COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2013 - 22%1 v. : CIVIL ACTION—LAW CHANG MUN CHON, SUN YI CHON : and CHON MOTEL ENTERPRISES, INC., : • Defendants INTERROGATORIES DIRECTED TO DEFENDANTS TO: Chang Mun Chon, Sun Yi Chon and Chon Motel Enterprises, Inc., Defendant PLEASE TAKE NOTICE that you are hereby requested pursuant to Pennsylvania Rules of Civil Procedure 4003.8, 4005 and 4001, et seq., to serve upon the undersigned within thirty (30) days after service of this Notice, answers in writing and under oath to the following Interrogatories. SNELBAKER& BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: April 26, 2013 Assistant Solicitor, Cumberland County LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. EXHIBIT A Brief Statement of the Nature of the Cause of Action Pursuant to Pa.R.C.P. 4005(a) This is an action by Plaintiff County of Cumberland for purposes of collecting Hotel Room Rental Tax imposed by the Plaintiff by applicable ordinances and which has remained due and unpaid from March 2011 and thereafter. The Hotel Room Rental Tax, associated late fees and interest were levied by ordinance through authority of the County Code, Act of August 9, 1955, P.L. 323, §1770.6 as amended, 16 P.S. §1770.6 as amended. DEFINITIONS AND INSTRUCTIONS "Operator" or "Operators" as used herein shall mean and refer to any individual, partnership, limited liability company, nonprofit or profit making association or corporation or other person or group of persons who maintain, operate, manage, own, has custody of or otherwise possesses the right to rent or lease overnight accommodations in the hotel commonly known as the Country Inn& Suites or Country Inn& Suites by Carlson, Harrisburg West, PA, located at 4943 Gettysburg Road, Mechanicsburg, Pennsylvania. "Identify" as used herein with respect to persons, means state the name, last known address, phone number, employer and employment position of the person. When used with respect to businesses, corporations, associations or entities, "Identify" means state the full name, last known address of its principal place of business and phone number of such business, corporation, association or entity. "Identify" as used herein with respect to a document, unless otherwise stated, means state a description of the document, state its author and all other parties involved, the date of preparation and the identity of the person in whose possession it is located. LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. 2 The words "document" or "documents" as herein used include, but are not limited, to any written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original, non-identical copy, rough or final draft of the following(regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, telegrams, diaries, calendar or diary entries, schedules, maps, graphs, contracts, studies, analyses, instructions, photographs, tape-recordings, computer tapes, computer disks or diskettes, telex or fax transmissions, correspondence, messages, emails, CD-ROM, drawings, forms and work paper or any other thing in which any matter is memorialized. These Interrogatories are deemed to be continuing Interrogatories. Between the time of your answers and the time of hearing and/or trial, if you or anyone acting on your behalf learns of or obtains additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. LAW OFFICES SNELBAKER& BRENNEMAN, P.C. 3 • INTERROGATORIES 1. Identify each operator or all operators of the hotel located at 4943 Gettysburg Road, Mechanicsburg, Pennsylvania from January 1, 2011 to present. ANSWER: 2. Identify all documents that refer to, relate to or in any way concern the identified operator's or operators' authority or right to maintain, operate, manage and/or own the hotel at 4943 Gettysburg Road, Mechanicsburg, Pennsylvania, or collect or possess rent, consideration or payment for any occupancy of any room or rooms at that hotel. ANSWER: LAW OFFICES SNELBAKER& BRENNEMAN, P.C. 4 • 3. Identify all documents that note, refer to or in any way concern the receipt of any rent, consideration or payment for any occupancy of any room or rooms at the hotel at 4943 Gettysburg Road, Mechanicsburg, Pennsylvania from January 1, 2011 to present. ANSWER: LAW OFFICES SNELBAKER& BRENNEMAN, P.C. 5 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to Compel to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Chang Mun Chon 227 Ewe Road Mechanicsburg, PA 17055 Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 SNELBAKER& BRENNEMAN, P.C. By: 111/ Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717)697-8528 Date: June 11, 2013 Assistant Cumberland County Solicitor LAW OFFICES SNELBAKER& BRENNEMAN, P.C. COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., Defendants NO. 13-2299 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL RESPONSES IN AIDE OF PRE-COMPLAINT DISCOVERY ORDER OF COURT AND NOW, this 13'h day of June, 2013, upon consideration of Plaintiff's Motion To Compel Responses in Aide of Pre-Complaint Discovery, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christyl L. Peck, J. eith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Assistant Solicitor for Cumberland County Attorney for Plaintiff CD Chang Mun Chon ,_,�g` 227 Ewe Road r" C ` ..r"r Mechanicsburg, PA 17055 Defendant, pro Se r-x x vim►c� s x_.. un Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 Defendant, pro Se ,.,-�Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 Defendant, pro Se :rc ' r C6 I I V S f yzzu �c1� //'Y/1-3 21'y1`3 JUL f 1 Aft : f PENNSY ' Keith O. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker& Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County. COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2013 —2299 CIVIL TERM V. CIVIL ACTION—LAW CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., Defendants MOTION TO MAKE RULE ABSOLUTE Plaintiff Cumberland County, by its Assistant Solicitor, Keith O. Brenneman, Esquire, submits this Motion to Make Rule Absolute and in support thereof states the following: 1. This action was initiated by Plaintiff.Cumberland County by Writ of Summons. 2. On May 2, 2013 the three Defendants in this action were each served with a Writ of Summons and Interrogatories, which Interrogatories were served for purposes of pre-complaint discovery pursuant to Pa.R.C.P. 4003.8. 3. On June 11, 2013 Plaintiff filed a Motion to Compel Responses in Aid of Pre- LAW OFFICES Complaint Discovery in this action. SNELBAKER& BRENNEMAN, P.C. | | 4. As a result of the filing of the Motion to Compel Responses in Aid of Pre-Complaint Discovery, this Court issued an Order dated June 13, 2013 ordering the Defendants to show cause why the relief requested in the Motion should not be granted. The Order had a Rule Returnable within twenty days of service. A true and correct copy of the Court's Order of June 13, 2013 is attached hereto and incorporated by reference herein as "Exhibit A". 5. A copy of the Court's Order of June 13, 2013 was served upon the Defendants by regular first class mail, postage prepaid on June 14, 2013. 6. By letter dated June 19, 2013 Plaintiff s counsel served upon each of the Defendants a time-stamped copy of the Order of June 13, 2013. A true and correct copy of the letter dated June 19, 2013 transmitting a copy of the (ourt's Order of June 13, 2013 is attached hereto and incorporated by reference herein as"Exhibit B". 7. More than twenty(20)days has elapsed from the date of the service of the Order upon Defendants by the Prothonotary and from the date that Plaintiff s counsel served a copy of the Order upon the Defendants. 8.' Defendants have failed to respond to the Order and Rule issued by this Court on June 9. This matter has previously been assigned to Judge Christylee L. Peck who issued the Order of June 13,2013 made reference to above. MMEREFORE, Plaintiff requests this Court to make its Rule absolute and issue an Order directing Defendants to submit written responses under oath to the Interrogatories that were LAW OFFICES BRENNEMAN, P.C. . . served for purposes of pre-complaint discovery. SNELBAKER&BRENNEMAN, P. C. BY: . Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: July 11, 2013 Assistant Solicitor for Plaintiff County of Cumberland -3- LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., Defendants NO. 13-2299 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL RESPONSES IN AIDE OF PRE-COMPLAINT DISCOVERY ORDER OF COURT AND NOW, this 13'' day of June, 2013, upon consideration of Plaintiff's Motion To Compel Responses in Aide of Pre-Complaint Discovery, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christyle,6 L. Peck, J. Keith O. Brenneman, Esq. 44 West Main Street lechanicsburg, PA 17055 Assistant Solicitor for Cumberland County Attorney for Plaintiff c Chang Mun Chon -� C_Ov -, 227 Ewe Road z n F Mechanicsburg, PA 17055 Defendant, pro Se ca z Sun Yi Chon �• 227 Ewe Road -.4 Mechanicsburg, PA 17055 Defendant, pro Se EXHIBIT A i Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg; PA 17055 Defendant, pro Se :rc CUMBERLAND COUNTY �OFFICE OF THE SOLICITOR OURTHOUSE SQUARE,ROOM 208,CARLISLE,PENNSYLVANIA 17013 Edward L. Schorpp Keith 0.Brenneman Solicitor Assistant Solicitor Janet A. Walter Linda L.Thumma Paralegal Executive Assistant June 19, 2013 Chang Mun Chon Chon Motel Enterprises, Inc. 227 Ewe Road 227 Ewe Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 Re: County of Cumberland v. Chon No. 2013-3363, C.C.P., Cumberland County Dear Mr. Chon, Mrs. Chon and Sirs: Enclosed please find a tine-stamped copy of an Order issued by Judge Peck on June 13, 2013 with respect to the above matter. Yours truly, Keith O. Brenneman KOB/sm Enclosure EXHIBIT B Phone: 717-240-5444 Fax: 717-240-5445 Email: solicitor tcccpa.net VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to'the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Keith O. Brenneman, Assistant Solicitor Date: July 11, 2013 Cumberland County LAW OFFICES SNELBAKER& BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy'of the foregoing Motion to Make Rule Absolute to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Chang Mun Chon 227 Ewe Road Mechanicsburg, PA 17055 Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 SNELBAKER& BRENNEMAN, P.C. By: Keith O. Brenneman;Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 LAW OFFICES Date: July 11, 2013 Assistant Cumberland County Solicitor SNELBAKER& BRENNEMAN, P.C. Cv fTb ti Keith O. Brenneman, Esquire > C n Supreme Court ID No. 47077 �`� , Snelbaker &Brenneman, P. C. -,w ,,;__•-_-,. 44 West Main Street ' Mechanicsburg, PA 17055 --4 (717) 697-8528 Assistant Solicitor, Cumberland County. COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2013 —2299 CIVIL TERM V. CIVIL ACTION—LAW CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., Defendants ORDER AND NOW, this 155 day-of 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED that Defendants shall provide written answers under oath to the Interrogatories Directed to Defendants within_V days Y of the date of this Order. BY THE COURT: LAW OFFICES 1 J. SNELBAKER BRENNEMAN, P.C. O� r U i Hr P[i00 2913 SEP -5 PH 0 ,1 CUMBERLAND COUNTY PENNSYLVANIA Keith O. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker& Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2013 —2299 CIVIL TERM V. CIVIL ACTION—LAW CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., Defendants MOTION FOR SANCTIONS Plaintiff Cumberland County, by its Assistant Solicitor, Keith O. Brenneman, Esquire, submits this Motion For Sanctions and in support thereof states the following: 1. This action was initiated by Plaintiff Cumberland County by Writ of Summons. 2. On May 2, 2013 the three Defendants in this action were each served with a Writ of Summons and Interrogatories, which Interrogatories were served for purposes of pre-complaint discovery pursuant to Pa.R.C.P. 4003.8. 3. On June 11, 2013 Plaintiff filed a Motion to Compel Responses in Aid of Pre- Complaint Discovery in this action. LAW OFFICES SNELBAKER& BRENNEMAN, P.C. 4.. This Court issued an Order dated June 13, 2013 ordering the Defendants to show cause why the relief requested in the Motion To Compel Responses In Aid of Pre-Complaint Discovery should not be granted. 5. A copy of the Court's Order of June 13, 2013 was served upon the Defendants by regular first class mail, postage prepaid on June 14, 2013. 6.- By letter dated June 19, 2013 Plaintiff's counsel served upon each of the Defendants a time-stamped copy of the Order of June 13, 2013. 7. More than twenty (20) days elapsed from the date of the service of the Order of June 13, 2013 upon the Defendants. 8. On July 11, 2013 Plaintiff filed a Motion to Make Rule Absolute as a result of Defendants' failure to respond to the Order and Rule issued by this Court on June 13, 2013. 9. As a result of the Motion to Make Rule Absolute,this Court issued an Order dated July 15, 2013 directing the Defendants to provide written answers under oath to the Interrogatories Directed to Defendants within forty-five (45) days of the date of the Order. A true and correct copy of this Court's Order of July 15, 2013 is attached hereto and incorporated by reference herein as "Exhibit A". 16. The Court's Order of July 15, 2013 was served upon the Defendants by the Prothonotary. In addition, the Order was served upon the Defendants by letters dated July 18, 2013 by regular first class mail,postage prepaid. True and correct copies of the letters dated July 18, 2013 transmitting a copy of the Court's Order of July 15, 2013 are attached hereto and incorporated by reference herein as "Exhibit B"through "Exhibit D". -2- LAW OFFICES SNELBAKER& BRENNEMAN, P.C. 11. Defendants have failed to respond to the Order directing that they provide written answers under oath to the Interrogatories within 45 days of July 15, 2013. 12 This matter has previously been assigned to Judge ChristyLee L. Peck who issued the Orders made reference to above. WHEREFORE, Plaintiff requests this Court to sanction Defendants for their repeated failure to comply with Orders of this Court including, but not limited to, awarding Plaintiff attorney's fees, holding Defendants in contempt of Court and issuing such other sanctions as this Court shall deem just and appropriate. SNELBAKER& BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: September 5;2013 Assistant Solicitor for Plaintiff County of Cumberland -3- LAW OFFICES SNELBAKER& BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Keith O. Brenneman Assistant Cumberland County Solicitor Date: September 5, 2013 LAW OFFICES SNELSAKER& BRENNEMAN, P.C. E Keith O. Brenneman, Esquire ° Supreme Court ID No. 47077 Snelbaker & Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County. COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2013 —2299 CIVIL TERM V. CIVIL ACTION—LAW CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., : Defendants ORDER AND NOW, this ),`�J'�'h day od Lk , 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED that Defendants shall provide written answers under oath to the Interrogatories Directed to Defendants within days of the date of this Order. BY THE COURT: %J. LAW OFFICES SNELBAKER& - BRENNEMAN, P.C. EXHIBIT A CUMBERLAND COUNTY OFFICE OF THE SOLICITOR 1 COURTHOUSE SQUARE,ROOM 205,CARLISLE,PENNSYLVANIA 17013 Edward L.Schorpp Keith 0..Brenneman Solicitor Assistant Solicitor Janet A.Walter Linda L.Thumma Paralegal Executive Assistant July 18, 2013 Chang Mun Chon 227 Ewe Road Mechanicsburg, PA 17055 - — - Re —_-County of Cumberland v. Chang Mun Chon,-et al: No. 2013-2299, C.C.P., Cumberland County, Pennsylvania Dear Mr. Chon: Enclosed please find a copy of the Order issued by Judge Peck dated July 15,2013 ordering you to provide answers under oath to the Interrogatories that were served upon you within 45 days of July 15, 2013. Please be guided accordingly. Yours truly, Keith O. Brenneman KOB/sm Enclosure EXHIBIT B Plione: 717-240-5444 J Fax: 717-240-5445 Email: solicitor(mcpa.net CUMBERLAND COUNTY OFFICE OF THE SOLICITOR 1 COURTHOUSE SQUARE,ROOM 208,CARLISLE,PENNSYLVANIA 17013 Edward L.Schorpp Keith O.Brenneman Solicitor Assistant Solicitor Janet A.Walter Linda L.Thumma Paralegal Executive Assistant July 18, 2013 Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 R&-:- County-o um er ari V. Chang Mun Chad, et-a. - No. 2013-2299, C.C.P., Cumberland County, Pennsylvania Dear Mrs. Chon: Enclosed please find a copy of the Order issued by Judge Peck dated July 15, 2013 ordering you to provide answers under oath to the Interrogatories that were served upon you within 45 days of July 15, 2013. Please be guided accordingly. Yours truly, Keith 0. Brenneman KOB/sm Enclosure EXHIBIT C Phone: 717-240-5444 Fax: 717-240-5445 Email: solicitora.ccpa.net CUMBERLAND COUNTY OFFICE OF THE SOLICITOR 1 COURTHOUSE SQUARE,ROOM 208,CARLISLE,PENNSYLVANIA 17013 Edward L. Schorpp Keith 0.Brenneman Solicitor Assistant Solicitor Janet A.Walter Linda L.Thumma Paralegal Executive Assistant July 18, 2013 Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 - - - Re: County-of Cumberland v Chang Mii i Clion--et al. No. 2013-2299, C.C.P., Cumberland County, Pennsylvania Dear Sirs: Enclosed please find a copy of the Order issued by Judge Peck dated July 15, 2013 ordering you to provide answers under oath to the Interrogatories that were served upon you within 45 days of July 15, 2013. Please be guided accordingly. Yours truly, Keith 0. Brenneman KOB/sm Enclosure EXHIBIT D Phone: 717-240-5444 Fax: 717-240-5445 Email: solicitora.ccpa.- e CERTIFICATE OF SERVICE I,KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion For Sanctions to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Chang Mun Chon 227 Ewe Road Mechanicsburg, PA 17055 Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 SNELBAKER&BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 LAW OFFICES Date: September 5, 2013 Assistant Cumberland County Solicitor SNELBAKER& BRENNEMAN, P.C. COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., Defendants NO. 13-2299 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 10th day of September, 2013, upon consideration of Plaintiff s Motion for Sanctions, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of service. DEFENDANTS are advised that sanctions may be imposed if they fail to answer this Motion for Sanctions within 30 days. BY THE COURT, Christy lee L. Peck, J. Keith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Chang Mun Chon 227 Ewe Road ' Mechanicsburg, PA 17055 m aj Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 7 CD w ;ALL .'�<On Motel Enterprises, Inc. -c cn 227 E we Road Mechanicsburg, PA 17011 Defendants, pro Se r,° 1' 21 t f; 1 k 2 Keith O. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker& Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2013 —2299 CIVIL TERM v. : CIVIL ACTION—LAW CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., : • Defendants SUPPLEMENTAL MOTION FOR SANCTIONS Plaintiff Cumberland County, by its Assistant Solicitor, Keith O. Brenneman, Esquire, submits this Supplemental Motion For Sanctions and in support thereof states the following: 1. This action was initiated by Plaintiff Cumberland County by Writ of Summons. 2. On May 2, 2013 the three Defendants in this action were each served with a Writ of Summons and Interrogatories, which Interrogatories were served for purposes of pre-complaint discovery pursuant to Pa.R.C.P. 4003.8. 3. On June 11, 2013 Plaintiff filed a Motion to Compel Responses in Aid of Pre- Complaint Discovery in this action. LAW OFFICES SNELBAKER& 4. This Court issued an Order dated June 13, 2013 ordering the Defendants to show BRENNEMAN, P.C. cause why the relief requested in the Motion To Compel Responses In Aid of Pre-Complaint Discovery should not be granted. 5. A copy of the Court's Order of June 13, 2013 was served upon the Defendants by regular first class mail,postage prepaid on June 14, 2013. 6. By letter dated June 19, 2013 Plaintiff's counsel served upon each of the Defendants a time-stamped copy of the Order of June 13, 2013. 7. More than twenty (20) days elapsed from the date of the service of the Order of June 13, 2013 upon the Defendants without any response from the Defendants. 8. On July 11, 2013 Plaintiff filed a Motion to Make Rule Absolute as a result of Defendants' failure to respond to the Order and Rule issued by this Court on June 13, 2013. 9. As a result of the Motion to Make Rule Absolute, this Court issued an Order dated July 15, 2013 directing the Defendants to provide written answers under oath to the Interrogatories Directed to Defendants within forty-five (45) days of the date of the Order. 10. The Court's Order of July 15, 2013 was served upon the Defendants by the Prothonotary. In addition, the Order was served upon the Defendants by letters dated July 18, 2013 by regular first class mail, postage prepaid. 11. Defendants have failed to respond to the Order directing that they provide written answers under oath to the Interrogatories within 45 days of July 15, 2013. 12. On September 5, 2013 Plaintiff filed a Motion For Sanctions due to Defendants' continuing to ignore the discovery requests and previous orders of this Court. 13. On September 10, 2013 this Court issued an Order directing Defendants to show cause why the relief requested in the Motion For Sanctions should not be granted. A truce and correct copy of the Court's Order of September 10, 2013 is attached hereto and incorporated by LAW OFFICES SNELBAKER& reference herein as "Exhibit A". BRENNEMAN, P.C. -2- 14. Copies of the Court's Order of September 10, 2013 were served upon the Defendants through the Prothonotary's office and in addition, Plaintiff's Assistant Solicitor served each Defendant with a copy of the Order by regular first class mail on September 16, 2013. True and correct copies of correspondence noting the mailing of the Court's Order on September 16, 2013 to the Defendants are attached hereto and incorporated by reference herein as "Exhibit B"through"Exhibit D". 15. Defendants have failed to respond to the Order issued by this Court on September 10, 2013. 16. This matter has previously been assigned to Judge ChristyLee L. Peck who issued the Orders made reference to above. WHEREFORE, Plaintiff requests this Court to sanction Defendants for their continued and repeated failures to comply with Orders of this Court including, but not limited to, awarding Plaintiff attorney's fees, holding Defendants in contempt of Court and issuing such other sanctions as this Court shall deem just and appropriate. SNELBAKER& BRENNEMAN, P. C. BY: 11/1- — Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: October 21, 2013 Assistant Solicitor for Plaintiff County of Cumberland LAW OFFICES SNELBAKER& -3 BRENNEMAN, P.C. COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW CHANG MUN CHON, SUN YI : CHON and CHON MOTEL • ENTERPRISES, INC., Defendants : NO. 13-2299 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 10th day of September, 2013, upon consideration of Plaintiff's Motion for Sanctions, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of service. DEFENDANTS are advised that sanctions may be imposed if they fail to answer this Motion for Sanctions within 30 days. BY THE COURT, _- Christy ee L. Peck, J. Keith O. Brenneman, Esq. ,KWest Main Street (Mechanicsburg, PA 17055 Attorney for Plaintiff _ Chang Mun Chon -Q a `" rT'rri rn r�1 227 Ewe Road -0 Mechanicsburg, PA 17055 > <p .z_ Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 Chon Motel Enterprises, Inc. 227 E we Road Mechanicsburg, PA 17011 EXHIBIT A Defendants, pro Se /I CUMBERLAND COUNTY OFFICE OF THE SOLICITOR ■ 1 COURTHOUSE SQUARE,ROOM 208,CARLISLE,PENNSYLVANIA 17013 Edward L. Schorpp Keith 0.Brenneman Solicitor Assistant Solicitor Janet A.Walter Linda L.Thumma Paralegal Executive Assistant September 16, 2013 Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 Re: County of Cumberland v. Chang Mun Chon, et al. No. 2013-2299, C.C.P., Cumberland County, Pennsylvania Dear Sirs: Enclosed please find a copy of an Order issued directing that you show cause why the relief requested in the Motion For Sanctions should not be granted. Please be advised that any response that you give must be made within 30 days of service of the Order upon you. Yours truly, Keith O. Brenneman KOB/sm Enclosure EXHIBIT B Phone: 717-240-5444 Fax: 717-240-5445 p Email: solicitor(i4ccpa.net ,\ A CUMBERLAND COUNTY OFFICE OF THE SOLICITOR I COURTHOUSE SQUARE,ROOM 208,CARLISLE.PENNSYLVANIA 17013 Edward L. Schorpp Keith 0.Brenneman Solicitor Assistant Solicitor Janet A.Walter Linda L.Thumma Paralegal Executive Assistant September 16, 2013 Chang Mun Chon 227 Ewe Road Mechanicsburg, PA 17055 Re: County of Cumberland v. Chang Mun Chon, et al. No. 2013-2299, C.C.P., Cumberland County, Pennsylvania Dear Mr. Chon: Enclosed please find a copy of an Order issued directing that you show cause why the relief requested in the Motion For Sanctions should not be granted. Please be advised that any response that you give must be made within 30 days of service of the Order upon you. Yours truly, Keith O. Brenneman KOB/sm Enclosure EXHIBIT C Phone: 717-240-5444 Fax: 717-240-5445 Email: solicitor @ccra.net CUMBERLAND COUNTY/` /11 OFFICE OF THE SOLICITOR 1 COURTHOUSE SQUARE,ROOM 208.CARLISLE,PENNSYLVANIA 17013 Edward L. Schorpp Keith 0.Brenneman Solicitor Assistant Solicitor Janet A. Walter Linda L.Thumma Paralegal Executive Assistant September 16, 2013 Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 Re: County of Cumberland v. Chang Mun Chon, et al. No. 2013-2299, C.C.P., Cumberland County, Pennsylvania Dear Mrs. Chon: Enclosed please find a copy of an Order issued directing that you show cause why the relief requested in the Motion For Sanctions should not be granted. Please be advised that any response that you give must be made within 30 days of service of the Order upon you. Yours truly, Keith O. Brenneman KOB/sm Enclosure EXHIBIT D Phone: 717-240-5444 Fax: 717-240-5445 Email: solicitorcr,ccpa.net VERIFICATION I verify that the statements made in the foregoing Supplemental Motion For Sanctions are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Keith O. Brenneman Assistant Cumberland County Solicitor Date: October 21, 2013 LAW OFFICES SNELBAKER& BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Supplemental Motion For Sanctions to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Chang Mun Chon 227 Ewe Road Mechanicsburg, PA 17055 Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 SNELBAKER& BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: October 21, 2013 Assistant Cumberland County Solicitor LAW OFFICES SNELBAKER& BRENNEMAN, P.G. COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW CHANG MUN CHON, SUN YI : CHON and CHON MOTEL ENTERPRISES, INC., • Defendants : NO. 13-2299 CIVIL TERM IN RE: PLAINTIFF'S SUPPLEMENTAL MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 24th day of October, 2013, upon consideration of Plaintiff's Supplemental Motion for Sanctions, a hearing is scheduled for Wednesday, January 8, 2014, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Defendants Chang Mun Chon and Sun Yi Chon are hereby advised to obtain counsel prior to the scheduled hearing. Further, Defendant Chon Motel Enterprises, Inc., is ordered to obtain counsel within 30 days of the date of this Order. Defendants are advised that if they fail to appear at the hearing, sanctions may be issued against them. BY THE COURT, Christylee tt. Peck, J. Keith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Assistant Solicitor for =, Cumberland County f; ^,3 Attorney for Plaintiff — , c--, , - Chang Mun Chon ; 227 Ewe Road Mechanicsburg, PA 17055 Defendant, pro Se Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 Defendant, pro Se n Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 Defendant, pro Se :rc Es n2 LEcL) iclaslf3 -f.t) • C) y COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIgiE c F`; rn • V. • CIVIL ACTION - LAW ` _ ' CHANG MUN CHON, SUN YI "`�`--) CHON and CHON MOTEL Vic.—".J r, • ENTERPRISES, INC. , ' Defendants : 13-2299 CIVIL TERM -� IN RE: PLAINTIFF' S SUPPLEMENTAL MOTION FOR SANCTIONSµ ORDER OF COURT AND NOW, this 8th day of January, 2014, this being the time and place set for Plaintiff ' s Supplemental Motion for Sanctions, and all of the named Defendants having failed to appear at this hearing, and no counsel having appeared on behalf of any Defendant at this hearing, and after hearing argument, and in further consideration that the Defendants have failed to reply to any Court Order, any document, or any letter sent by the Plaintiff, and in further consideration that the Writ of Summons in this case was personally served at the addresses that all subsequent mailings were sent to, and upon request by Plaintiff ' s counsel for attorney' s fees as sanctions, it is hereby ordered that sanctions are issued against the Defendants to cover Plaintiff' s attorney' s fees in the filing of this matter in the amount of $500 . It is noted that Plaintiff has indicated that it intends to proceed to file a complaint . It is further noted that if the Defendants fail to answer the complaint, this Court will consider entering a default judgment against the Defendants and will consider further sanctions at any time. By the Court, Christ lee L. Peck, J. eith 0. Brenneman, Esquire Assistant Solicitor for Cumberland County For the Plaintiff ang Mun Chon Defendant Pro Se n Yi Chon Defendant Pro Se ion Motel Enterprises, Inc. Defendant Pro Se Pcb OS inatLEL l r faifiy err • ■ YLE L °C P=r-' r�t= / i .v_� WT S _ Keith O. Brenneman,Esquire F` t NO A Attorney ID#47077 20 Snelbaker&Brenneman,P.C. — � 4 6 44 West Main Street C'MBERLAND COUNTY Mechanicsburg,PA 17055 PENNSYLVANIA (717)697-8528 Assistant Solicitor,Cumberland County COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2013-2299 CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., Defendants NOTICE 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 attorney and filing in writing with a 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 NOTICE TO A 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 32 South Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 Snelbaker& Brenneman, P.C. LAW OFFICES SNEL13AKER& B BRENNEMAN, P.C. - Y� Attorney for Plaintiff Keith O. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker& Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County. COUNTY OF CUMBERLAND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2013 —2299 CIVIL TERM V. CIVIL ACTION—LAW CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC., Defendants COMPLAINT Plaintiff County of Cumberland, by its Assistant Solicitor, Keith O. Brenneman, submits this Complaint as follows: 1. Plaintiff County of Cumberland is a third class county and political subdivision of the Commonwealth of Pennsylvania with a principal office at 1 Courthouse Square, Carlisle, Pennsylvania, 17013. 2. Defendant Chon Motel Enterprises, Inc. is a Pennsylvania business corporation with a registered address of 227 Ewe Road, Mechanicsburg, Pennsylvania, 17055. LAW OFFICES 3. Defendants Chang Mun Chon and Sun Yi Chon.are husband and wife residing at 227 SNELBAKER& BRENNEMAN, P.C. Ewe Road, Mechanicsburg, Pennsylvania, 17055. 4. Defendants Chang Mun Chon and Sun Yi Chon("Defendants Chon") are believed to be the shareholders, officers and/or directors of Defendant Chon Motel Enterprises, Inc. ("Defendant Chon Motel") and as such, direct or otherwise control the operations of Defendant Chon Motel. 5. Defendants own and operate a hotel providing overnight lodging for consideration to the public at large located at 4943 Gettysburg Road, Mechanicsburg, Pennsylvania, 17055. 6. On or about March 12, 2001 Plaintiff's Board of Commissioners enacted Ordinance No. 2001-3 imposing a hotel room rental tax pursuant to the authority of the County Code. On December 10, 2009 the Board of Commissioners amended Ordinance No. 2001-3 by enacting Ordinance 2009-6. 7. Pursuant to Ordinance No. 2001-3 as amended by Ordinance No. 2009-6, Defendants, as operators of a hotel, are obligated to collect from hotel patrons a three percent (3%) tax (the "hotel tax") on consideration received from each transaction of renting a room or rooms to certain hotel patrons occupying a room, and to pay same over to the Treasurer of Cumberland County on a monthly basis. 8. Defendants made their last hotel tax payment March 21, 2011 in the amount of $3,612.73, which payment was for hotel tax applicable for the period of February 1, 2011 through February 28, 2011. 9. Defendants have failed and refused to pay to the Treasurer of Cumberland County the hotel tax applicable for the months of March, 2011 through December, 2013, inclusive. Although it is believed that Defendants charge and collect the hotel tax from its patrons, LAW OFFICES SNELBAKER& BRENNEMAN, P.C. 2 ' 7 Defendants Chon and Defendant Chon Motel have failed to pay the hotel tax over to Plaintiff's Treasurer. 10. Due to Defendants' failure and refusal to pay the hotel tax due the Plaintiff and file tax returns that are to be provided when paying the hotel tax, the tax due from Defendants' records cannot be ascertained, in which event the hotel tax due may be determined by Plaintiff in accordance with the County Code and Ordinance No. 2001-3. 11. The following amounts are due and owing Plaintiff due to Defendants' failure to pay the applicable hotel tax to Plaintiff: Hotel Rental Tax, March 2011 through December, 2013: $102,000.00 Late fees: $3,400.00 Total Taxes and Late Fees: $105,400.00 WHEREFORE, Plaintiff demands judgment against Defendants,jointly and severally, in the amount of$105,400.00, additional unpaid hotel taxes at a rate of$3,000 per month for each month after December, 2013 that monthly hotel tax payments remain unpaid, late fees in the amount of$100 each month for such unpaid monthly taxes and interest in the amount of 9%per annum on all hotel tax amounts unpaid since March, 2011, together with costs of this action. The amount claimed in this action exceeds the limit for mandatory arbitration in Cumberland County. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street LAW OFFICES Mechanicsburg, PA 17055 SNELBAKER& (717) 697-8528 BRENNEMAN, P.C. Date: February 4, 2014 Assistant Solicitor, County of Cumberland 3 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. Barbara B. Cross, Chairman Cumberland County Board of Commissioners Date: �. y�20141 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a certified copy of the foregoing Complaint to be served upon the following persons and entity in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID RETURN RECEIPT REQUESTED, ADDRESSED AS FOLLOWS: Chang Mun Chon Sun Yi Chon 227 Ewe Road 227 Ewe Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 SNELBAKER&BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorney for Plaintiff Date: February 7, 2014 LAW OFFICES SNELBAKER& BRENNEMAN, P.C. LAW OFFICES SNELBAKER BRENNEMAN, P.C. Oi7 THE P ROTHOOAr 20R MAR 10 AM 10: 1414 CUMBERLAND COUNTY PENNSYLVANIA Keith 0. Brenneman, Esquire Attorney ID #47077 Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLANIA V. • : NO. 2013 - 2299 CHANG MUN CHON, SUN YI CHON : and CHON MOTEL ENTERPRISES, INC., : CIVIL ACTION - LAW Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND Keith 0. Brenneman, Esquire, being sworn according to law deposes and says that he is an Assistant Solicitor for Cumberland County and the attorney for Plaintiff County of Cumberland in the above-captioned action; that on March 10, 2014 he did serve upon Defendants Chang Mun Chon, Sun Yi Chon and Chon Motel Enterprises, Inc. by first class mail, postage prepaid, each a duly certified copy of the Complaint that was filed in the above- captioned action as evidenced by the attached cover letters of the same date; that service was made of the Complaint upon the Defendants in the manner stated herein due to the Defendants failing to sign for service of the Complaint by certified mail, return receipt requested, mailed on February 7, 2014; that attached hereto and incorporated by reference herein as "Exhibit A", "Exhibit B" and "Exhibit C" are copies of the cover letters serving the Complaint upon each Defendant; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this 10th day of March, 2014. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg Bero, Cumberland County My Commission Expires Nov. 24, 2015 MEMBER, PENNSYLVANIA ASSOaMION OF NOTARIES LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -2- Keith 0. Brenneman CUMBERLAND COUNTY OFFICE OF THE SOLICITOR 1 COURTHOUSE SQUARE, ROOM 208, CARLISLE, PENNSYLVANIA 17013 Edward L. Schorpp Keith 0. Brenneman Solicitor ' Assistant Solicitor Janet A. Walter Linda L. Thumma Paralegal Executive Assistant March 10, 2014 Chang Mun Chan 227 Ewe Road Mechanicsburg, PA 17055 Re: County of Cumberland v. Chang Mun Chon, Sun Yi Chon and Chon Motel Enterprises, Inc. No. 2013-2299, C.C.P., Cumberland County, Pennsylvania .Dear Chang Mun Chon: Enclosed please find a certified copy of a Complaint that was filed with respect to the above action. Please be guided according. KOB/sm Enclosure Phone: 717-240-5444 Yours truly, Keith 0. Brenneman EXHIBIT A Fax: 717-240-5445 Email: solicitorAccna.net CUMBERLAND COUNTY OFFICE OF THE SOLICITOR COURTHOUSE SQUARE, ROOM 208, CARLISLE, PENNSYLVANIA 17013 Edward L. Schorpp Solicitor Janet A. Walter Paralegal March 10, 2014 Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 Re: County of Cumberland v. Chang Mun Chon, Sun Yi Chon and Chon Motel Enterprises, Inc. No. 2013-2299, C.C.P., Cumberland County, Pennsylvania Dear Sun Yi Chan: Keith 0. Brenneman Assistant Solicitor Linda L. Thumma Executive Assistant Enclosed please find a certified copy of a Complaint that was filed with respect to the above action. Please be guided according. KOB/sm Enclosure Phone: 717-240-5444 Yours truly, Keith 0. Brenneman EXHIBIT B Fax: 717-240-5445 Email: solicitor@ccpa.net CUMBERLAND COUNTY OFFICE OF THE SOLICITOR COURTHOUSE SQUARE, ROOM 208, CARLISLE, PENNSYLVANIA 17013 Edward L. Schorpp Keith 0. Brenneman Solicitor Assistant Solicitor Janet A. Walter Linda L. Thumma Paralegal Executive Assistant March 10, 2014 Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 Re: County of Cumberland v. Chang Mun Chon, Sun Yi Chon and Chon Motel Enterprises, Inc. No. 2013-2299, C.C.P., Cumberland County, Pennsylvania Dear Sirs: Enclosed please find a certified copy of a Complaint that was filed with respect to the above action. Please be guided according. KOB/sm Enclosure Phone: 717-240-5444 Yours truly, Keith 0. Brenneman EXHIBIT C Fax: 717-240-5445 Email: solicitorQccpa.net t IL 204 4 pi TA eitt vSy A.. r? COUNTY OF CUMBERLAND, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2013 — 2299 CIVIL TERM : CIVIL ACTION — LAW CHANG MUN CHON, SUN YI CHON : and CHON MOTEL ENTERPRISES, INC., : Defendants PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To The Prothonotary: Please enter judgment in favor of Plaintiff County of Cumberland and against Defendants Chang Mun Chon, Sun Yi Chon and Chon Motel Enterprises, Inc., jointly and severally, due to Defendants' failure to plead to the Complaint in this action within the required time. The Complaint contained a Notice To Defend within 20 days of the date of service thereof. Each Defendant was served with a certified copy of the Complaint on March 10, 2014 and no attorney has entered an appearance for any Defendant in this action. Attached hereto and incorporated by reference herein as Exhibit A, Exhibit B and Exhibit C are copies of Plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify were mailed to each of the Defendants at his, her and its last known addresses on April 2, 2014, which is at least 10 days prior to the filing of this Praecipe. 474-,16/4 Napas de 6t Please enter judgment and assess damages against each Defendant in the amount of $105,400.00 and interest in the amount of 9% per annum on all hotel tax amounts unpaid since March 2011, together with costs of this action, as demanded in the Complaint. Date: April 16, 2014 (IA Keith 0. Brenneman, Esquire Supreme Court ID No. 47077 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County. 2 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Keith 0. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker & Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County COUNTY OF CUMBERLAND, Plaintiff V. CHANG MUN CHON, SUN YI CHON and CHON MOTEL ENTERPRISES, INC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013 — 2299 CIVIL TERM : CIVIL ACTION — LAW Defendants To: Chon Motel Enterprises, Inc., Defendant Date of Notice: April 2, 2014 IMPORTANT NOTICE 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 LOSE 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 EXHIBIT A 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. Date: April 2, 2014 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 SNELBAKER & BRENNEMAN, P. C. By: Keith 0. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Solicitor, Cumberland County -2- CERTIFICATE OF SERVICE I, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Date: April 2, 2014 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By: Chon Motel Enterprises, Inc. 227 Ewe Road Mechanicsburg, PA 17055 SNELBAKER & BRENNEMAN, P.C. • Keith 0. Brenneman, Esquire Attorney ID No, 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Cumberland County Solicitor Keith O. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker & Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Assistant Solicitor, Cumberland County COUNTY OF CUMBERLAND, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013 — 2299 CIVIL TERM : CIVIL ACTION — LAW CHANG MUN CHON, SUN YI CHON : and CHON MOTEL ENTERPRISES, INC., : Defendants To: Sun Yi Chon, Defendant Date of Notice: April 2, 2014 IMPORTANT NOTICE 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 LOSE 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. EXHIBIT B 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. Date: April 2, 2014 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717 -249 -3166 SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Assistant Solicitor, Cumberland County -2- CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Date: April 2, 2014 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Sun Yi Chon 227 Ewe Road Mechanicsburg, PA 17055 SNELBAKER & BRENNEMAN, P.C. By: I Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Assistant Cumberland County Solicitor Keith O. Brenneman, Esquire Supreme Court ID No. 47077 Snelbaker & Brenneman, P. C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Assistant Solicitor, Cumberland County COUNTY OF CUMBERLAND, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013 — 2299 CIVIL TERM : CIVIL ACTION — LAW CHANG MUN CHON, SUN YI CHON : and CHON MOTEL ENTERPRISES, INC., : Defendants To: Chang Mun Chon, Defendant Date of Notice: April 2, 2014 IMPORTANT NOTICE 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 LOSE 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. EXHIBIT C 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. Date:. April 2, 2014 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717 - 249 -3166 SNELBAKER & BRENNEMAN, P. C. By: K"\--, Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Assistant Solicitor, Cumberland County -2- CERTIFICATE OF SERVICE I, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Date: April 2, 2014 LAW OFFICES SNELSAKER & BRENNEMAN, P.C. Chang Mun Chon 227 Ewe Road Mechanicsburg, PA 17055 SNELBAKER & BRENNEMAN, P.C. By: Keith 0. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Assistant Cumberland County Solicitor COUNTY OF CUMBERLAND, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013 — 2299 CIVIL TE : CIVIL ACTION — LAW CHANG MUN CHON, SUN YI CHON : and CHON MOTEL ENTERPRISES, INC., : Defendants AFFIDAVIT OF NON - MILITARY SERVICE Keith O. Brenneman, being duly sworn, deposes and says: That he is Assistant Solicitor for Plaintiff County of Cumberland in the above action and makes this Affidavit on behalf of the Plaintiff based on personal knowledge, information and belief; That Defendants Chang Mun Chon and Sun Yi Chon are adult individuals, husband and wife, that reside at 227 Ewe Road, Mechanicsburg, Pennsylvania; That Defendants Chang Mun Chon and Sun Yi Chon are employed by or in the business of operating a hotel; and that neither one of them is in the military service of the United States or its allies, or otherwise subject to the provisions of the Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. App. Section 501, et seq. Date: April 15, 2014 Sworn to and subscribed before me this 15th day of April, 2014. Notary Public Keith O. Brenneman, Esquire Supreme Court ID No. 47077 44 West Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Assistant Solicitor, Cumberland County COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sandra K. Showers, Notary Public Mechanicsburg Bora, Cumberland County My Commission Expires Nov. 22, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTE COUNTY OF CUMBERLAND, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013 — 2299 CIVIL TERM CIVIL ACTION — LAW CHANG MUN CHON, SUN YI CHON : and CHON MOTEL ENTERPRISES, INC., : Defendants To: Chang Mun Chon Sun Yi Chon Chon Motel Enterprises, Inc. 227 Ewe Road 227 Ewe Road 227 Ewe Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 NOTICE You are hereby notified pursuant to Pa.R.C.P. 236 that a default judgment has been entered against you in the above proceeding. Date: Prothonotary