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HomeMy WebLinkAbout13-7064 n r F, " i` F ! 0 Cj = TH f RO T HDND TP R 2013 3INV 2 i PM2 : '3 4 CUMBERLAND COUNTY L €dNCYL`JA,rIAt WIX, WENGER & WEIDNER David R. Getz, I.D. # 34838 dgetz @wwwpalaw.com 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 -0845 (717) 234 -4182 CHAD BARGER IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 13 - 70V (TaM GREENSPRING ENERGY, LLC, Defendant CIVIL ACTION — LAW PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff, Chad Barger, and against Defendant, Greenspring Energy, LLC, on District Justice judgment MJ- 0934 -CV- 305 -2013, a copy of which is attached, in the amount of $6,341.00 plus costs, attorney fees and interest from October 23, 2012. I certify that no timely appeal was filed from the judgment. Respectfully submitted, WIXMWGER & W EIDNER Date: v ��� ,2�Z3 By: David R. Getz, I.D. #348 '$ 508 North Second Street Post Office Box 845 Harrisburg, PA 17108 -0845 (717) 234 -4182 Attorneys for Plaintiff led c� ios�a CHAD BARGER IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. GREENSPRING ENERGY, LLC, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Judgment was served via regular mail at the following address: Greenspring Energy, LLC 20 West Aylesbury Road Timonium, MD 21093 R,esp fully Submitted, W ix, e g er & W er Date.* �a5 �3 B "-P4ula A. Cribb n, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 -0845 (717) 234 -4182 Attorneys for Plaintiff WIX, WENGER & WEIDNER David R. Getz, Esquire dgetz @wwwpalaw.com 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 -0845 (717) 234 -4182 Attorneys for Plaintiff CHAD BARGER IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. GREENSPRING ENERGY, LLC, Defendant CIVIL ACTION — LAW TO: Greenspring Energy, LLC, Defendant You are hereby notified that on the following (9rde+r) `nom (Judgment) has been entered against you in the above-capgoneh case. $6,341.00, plus costs and interest fro) Octo 23, DATE: Proth I hereby certify that the name and address of the proper person(s) to receive this notice is: Greenspring Energy, LLC 30 West Aylesbury Road Timonium, MD 21093 A: Greenspring Energy, Defendant Por este medio se le esta notificando que en el de del 2013, el siguiente (Orden), (Se6FetA), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendidos segun indicada en el certificado de residencia: Greenspring Energy, LLC 30 West Aylesbury Road Timonium, MD 21093 F: \drg \950 - Barger, Chad\16329 - Dispute with Greenspring Energy, LLC \Documents\236 Notice.doc 1115113 8:42 AM c N . J COM,IONWEALTH.OF PENNSYLVANIA Notice Of Judgment/Transcript Civil COUNTY OF CUMBERLAND - Case Mag. Dist. No: MDJ- 09 -3 -04 Chad E Barger MDJ Name: Honorable Paula P. Correal V. Address: .5275 East Trindle Road Greenspring Entergy, LLC Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 David Russell Getz, Esq.: Docket No: MJ- 09304 -CV- 0000305 -2013 Wix Wenger & Weidner PC Case Filed: 8/21/2013 508 N Second St Harrisburg, PA 17101 -1061 Disposition Summary (ce- CrossComplaint) Docket Na PlilIntiff Defendant Disposition Disposition Date MJ•09304 -CV- 0000305 -2013 Chad E Barger Greenspring Entergy, LLC Judgment for Plaintiff 1012112013 Judgment Summary Participant Joint /Several Liability Individual Liability Amount Chad E Barger $0.00 $0.00 $0.00 . Greenspring Entergy, LLC $0.00 56,341.00 $6,341.00 Judgment Finding ( "Post Judgment) In the matter of Chad E Barger vs. Greenspring Entergy, LLC on MJ- 09304 -CV- 0000305 -2013, on 10/2'1/2013 the judgment was awarded as follows: Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $6,187.50 $6,187.50 Costs $0.00 $7.00 $7.00 Filing Fees $0.00 $146.50 $146.50 Grand Total: $6,341.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THG RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE NIAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Rrsr« �3 �2 Date Senior Magisterial District Jud e Paula P. Correal� yVs:� certif th at this is a true and correct copy of the recor of e procee ings c(la ni g t e Iu gme t. Date Mag} terial District Judge MDJS 315 Page i of 2 Printed: 10/2112013 10:02:26ANI 0-TA 2E: 1 r;AP, 3 4 • ti 4 CUMDERL AND COUNTY PENNSYLVANIA WIX, WENGER & WEIDNER David R. Getz, I.D. # 34838 dgetz@wwwpalaw.com 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 CHAD BARGER : IN THE COURT OF COMMON PLEAS, Plaintiff V. GREENSPRING ENERGY, LLC, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-7064 : CIVIL ACTION — LAW MOTION TO COMPEL DISCOVERY RESPONSES AND NOW, come the Plaintiff, by his attorneys, Wix, Wenger & Weidner, and file this Motion to Compel Discovery Responses, stating as follows: 1. The Plaintiff is Chad Barger, 6106 Wallingford Way, Mechanicsburg, PA 17050. 2. The Defendant is Greenspring Energy, LLC, 30 West Aylesbury Road, Timonium, MD 21093. Plaintiff was awarded a default judgment against Defendant, dated October 21, 2013, in the amount of $6,341.00, plus costs and interest, before Magisterial District Justice Paula Correal, from which Defendant did not appeal. 4. Plaintiff transferred said judgment to this Court on November 27, 2013. Although Defendant made representations promising a settlement of the judgment, no offer was forthcoming. 5. Accordingly, on December 26, 2013, Plaintiff served upon Defendant Interrogatories and Request for Production of Documents in Aid of Execution (attached hereto as Exhibit "A") (the "Discovery"). 6. Defendant's responses were due January 27, 2014. 7. Additionally, Plaintiff sent a letter to Defendant on February 18, 2014, demanding responses, and telephoned Plaintiff on March 14, 2014 and March 25, 2014. To date, Defendant has ignored Plaintiff. 8. As of the date of this Motion, Defendant has failed to respond to the Discovery. 9. Pennsylvania Rule of Civil Procedure 3117 provides that a party may obtain discovery in aid of execution in accordance with Rule 4003.1. 10. All information requested in the Discovery is relevant and will assist Plaintiff in collecting his judgment. 11. The Discovery is not made in bad faith and is not intended to cause unreasonable annoyance or burden to Defendant. 12. Communication with Defendant to resolve the dispute and has been unsuccessful. 13. Plaintiff also moves this Court for sanctions. 14. Plaintiff has incurred legal fees and costs of $500.00 related to the preparation of the Discovery and efforts by Plaintiff's counsel to require Defendant .to respond, including the preparing and filing of this Motion. 15. Accordingly, Plaintiff requests this Court to sanction Defendant in the amount of $500.00, adding this as a sanction to the judgment as a recoverable cost. WHEREFORE, Plaintiffs request that this Court to compel Defendant to provide full and complete answers to Plaintiffs Discovery, grant Plaintiff reasonable attorney's fees as a sanction for nonresponse, and grant such other relief to Plaintiffs as this Court deems just and appropriate. Respectfully submitted, WIX, WENGER & WEIDNER Date: A(d) f.4 By: David R. Getz, LID. # 8 383 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff WIX, WENGER & WEIDNER David R. Getz, I.D. # 34838 dgetz@wwwpalaw.com 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 CHAD BARGER : IN THE COURT OF COMMON PLEAS, Plaintiff V. GREENSPRING ENERGY, LLC, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-7064 : CIVIL ACTION — LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Compel Discovery Responses was sent by first class mail, postage prepaid this day to the following: Date: 31 I AN4 Greenspring Energy, LLC 30 West Aylesbury Road Timonium, MD 21093 Wix, Wenger & Weidner By: 4:*la A ribben, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff FAdrg\950 - Barger, Chad\16329 - Dispute with Greenspring Energy, LLC\Documents\MOTION TO COMPEL DISCOVERY RESPONSES.doc 3/27/14 2:37 PM 4 iq EXHIBIT "A, CHAD BARGER, : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 13-7064 GREENSPRING ENERGY, LLC, Defendant CIVIL ACTION — LAW INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS IN AID OF EXECUTION TO: Greeenspring Energy, LLC, 20 West Aylesbury Road, Timonium, MD 21093 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa.R.C.P. 3117, 4005, 4006, 4009.1, 4009.11 and 4009.12, to serve upon the undersigned, within thirty (30) days after service of this Notice, your answers in writing to the following Interrogatories and Requests for Production of Documents. These Interrogatories and Requests for Production of Documents shall be deemed to be continuing Interrogatories and Requests for Production of Documents. If you or anyone acting on your behalf learn of additional information requested, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. Date: ec26i,2-6,13 WIX, WENGER & WEIDNER By: David R. Getz, I.D. #34383 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff INTERROGATORIES 1. State fully the following: a. Your full legal name; b. Your current registered address; c. The address of your current principal place of business and all other locations where you operate or do business; d. Your tax or employer identification number; e. All fictitious name under which you operate; f. All other names by which you have been known or operated; g. The names and addresses, if different, of all of your subsidiaries, divisions, departments, and the like; and h. The names of all of your officers and directors. 2. State whether you own or rent the location(s) where you currently operate and /or do business and also state your monthly mortgage and /or rental payment(s). If you rent; also state the name and full address of your landlord(s). 3. State fully the nature of your business. State your present average gross and net monthly income from all sources, designating the source of each. 5. Do you have any savings accounts or checking accounts, escrow accounts, payroll accounts, certificates of deposit., money market accounts, mutual fund accounts, and /or any other types of accounts at any bank or other financial institutions? If so, 1 state the following with respect to each accounts or certificate: a. The type of account; b. The name and address of the bank or institution where the account is held; c. The balance in the account as of October 21, 2013 and the current balance; d. The title, number or identifying reference of each; e. In whose name said account is held and the manner in which the account is held (e.g., jointly, solely, etc.). 6. Do you own or have any interest in any stocks, bonds or other investments or options to purchase any stocks, bonds or other investments (referred to as "security ")? If so, state the following: a. The identity of each security; b. The name in which each security is held;. c. The par or face value of each security;. d. The current market value of each security; e. The name and address of the custodian of each security; f. By whom each security was purchased, the date of purchase and the source of the funds used to purchase each security;. g. The name and address of any joint owner of each security; h. The dates) on which interest and /or dividends are paid or payable; i. The maturity date(s) of each security; 2 7. Do you own any motor vehicles (including motorcycles, ATVs, motor hOrnes and similar vehicles), campers, trailers, boats or similar items? If so, state for each: a. The year, make and model; b. The name(s) on the title or registration; c. The location and current custodian; d. The original purchase price; e. The balance due on any outstanding loans or lens and the name(s) of all persons or entities having lien; f. The date when purchased; g. The source of funds with which purchased; and h. The market value. 8. Identify -all items of personal property, equipment, inventory, fixtures, trade fixtures and any and all other belongings that you own located at any place where you do business and/or operate. With respect to each, state the following: a. A brief description; b. The approximate fair market value; c. The names and addresses of all other owners or persons with an interest in each; d. The source of the funds used to purchase each; e. The location of each; and f. The amounts owed on any loans or liens relating to or against each and the names and addresses of all persons who are owed money related to each; 9. Do you own any real estate, either within or outside the Commonwealth of Pennsylvania? If so, with respect to each property, state the following: a. A brief description of the property, together with its full address; b. The market value of the property; c. When you acquired the property; d. In whose name(s) the property is titled; e. The name and address of any other person or entity who has any interest in the property; f. The nature and extent of your interest in the property; g. The amount you paid for the property and the source of the funds you used to acquire the property; and h. Whether there are any mortgages or liens on the property, if so, state the following as to each: i. The identity(ies) of the person(s) who hold(s) the mortgage(s) and lien(s); ii. The original principal amount of each mortgage and lien; iii. The outstanding debt owed on each mortgage and lien; iv. The date of each mortgage and lien; and v. The address of the office where each mortgage and lien is recorded or filed. 10L Do you have any interest in any patent, copyright or royalties or in any patentable invention or copyrightable material? If so, state specifically for each: a. The patent, copyright, royalty, patentable invention and/or copyrightable material; 4 b. The nature of your interest; and c. The value of your interest. 11. Are there any unsatisfied judgments, uncollected debts, accounts receivable, or other monies owed to you by another person or entity? If so, state specifically for each debt: a. The identity of the debtors; b. The name, court and term number of the case out of which the judgment(s) arose; c. The date the debt was created; d. The amount of the remaining debt; and e. The terms of repayment, including the date(s) on which payment(s) are due. 12. Do you have any security interest in or lien on personal property? If so, state. specifically for each: a. The description of the personal property, including its present owner; b. The nature and amount of the security interest or lien including the identification of any court action involved; and c. The date when you acquired the security interest or lien. 13. Do you hold a mortgage on or other security interest in any real estate owned by another or others? If so, state specifically for each: a. The description of the real estate; b. The date you acquired the mortgage or security interest; 5 c. The outstanding balance due on the note or obligation which the mortgage or security interest secures; d. The identities of the mortgagor(s), or party(ies) granting the security interest and the real owners of the property; and e. The priority of your mortgage or security interest. 14. Do you own or operate, and/or are you associated with, any business or venture, o any type, including. not limited to, a corporation, partnership, joint venture, franchise or syndication (hereinafter collectively referred to as "Business")? If so, state for each: a. The name and address of the Business; b. The names and addresses of all other members, investors and/or owners of the Business; c. The nature of the Business; d. The percentage of your interest, in the Business; e. The current estimated value of interest in the Business; and f. The date when you became an owner, partner, or otherwise interested party in said Business. 15. Are you owed any federal, state or local tax refund? If so, 'identify the taxing authority that owes the refund,. the amount of the refund and the' date on which you filed for,. or requested, the refund.. 16. Have you in the last five years transferred assets of any kind, other than in the normal course of your business, including, but not limited to, equipment, vehicles, 6 machinery, or other personal property, real property, patents, copyrights or securities of any kind (Hltem") to any person or entity? If so, state specifically for each Item the following: a. The Item that was transferred; b. To whom the Item was transferred; c. The value of the Item at the time of transfer; d. The consideration (amount) you received in return for the transfer of the Item; e. Whether any bill of sale and/or other document, of transfer was executed; f. Whether you retained any security, mortgage, or other interest in or to the Item.; g. The reason for each transfer; and h. Your relationship to each transferee. 17. Other than the judgment in this case, state whether there are any judgment or liens on record in any court in any county within or outside the Commonwealth of Pennsylvania against you, or any business or entity described in your answer to Interrogatory No. 14 hereof, stating specifically for each the name of the judgment creditor, the court(s) where the judgment(s) and/or lien(s) is/are recorded or filed, the docket number(s) of the judgment(s) and/or lien(s) and whether any payments have been made toward the judgment(s) and/or lien(s). 18. State whether any judgment or lien creditor(s) in any of the judgments or liens listed in your answer to Interrogatory No. 17 hereof is/are attempting to execute against you or secure from you any information in aid of execution on any judgment or lien, 7 stating specifically for each the identity of the judgment or lien creditor(s) and the nature of the current activities by the judgment or lien creditor(s). 19. Do you currently owe any federal, state or local taxes? If so, identify the tax, the amount owed and the taxing authority to which the tax is owed. 20. Are there any pending suits, claims, actions or legal proceedings of any kind against you? If so, state for each: a. The identity of the suit, action or legal proceeding, including the court in which it is pending and the docket or other identifying number; b. The identity of the other party(ies) involved; c. The nature of the suit, action, claim or legal proceeding; d. The known or estimated value of the suit, action, claim or legal proceeding; and e. The current status of the suit, action, claim or legal proceeding. 21. Do you owe any person or entity any money? If -so, for each debt state the following: a. The name and address of the person or entity to whom you owe money; b. The amount you owe to each person or entity; c. Whether you are making payments, and if so, the amount and frequency of your payments; d. The nature or purpose of the debt; and e.. Whether there are any documents relating to or evidencing the debt and /or the repayment of it. 8 22. Does any person or entity owe you or any of the businesses or entities identified in your answer to Interrogatory No. 19 any money? If so, for each debt state the following: a. The name and address of the person or entity who owes the money; b. The amount owed ;. c. To whom the money is owed; d. Whether the debtor is making payments, and if so, the amount and frequency of the payments; e. The nature or purpose of the debt; and f. Whether there are any documents relating to or evidencing the debt and /or the repayment of it. 23. Do you own or have an interest in any other assets not already disclosed? If so, please identify and state the location of each. REQUEST FOR PRODUCTION OF DOCUMENTS YOU ARE INSTRUCTED TO produce the following documents: 1. Copies of your federal income tax returns for the last three years, together with any and all schedules, attachments and receipts that you filed with, or related to, them. 2. Copies of all statements for any bank accounts, mutual funds, escrow accounts, payroll accounts, money market funds, brokerage accounts, certificates of deposit and all other similar accounts for the last twelve months. 3. Copies of all stocks, bonds and other securities (marketable or otherwise) owned by you. 9 4. Copies of all titles, registrations, and similar documents for all motor vehicles (including motorcycles, ATVs, motor homes and similar vehicles), campers, trailers, boats or similar items you own or in which you have any interest. 5. Copies of all deeds, mortgages, financing agreements and similar documents for all real, estate you own or in which you have any interest. 6. Copies of all deeds, mortgages, financing agreements and similar documents for all real estate owned by another or others for which you have a mortgage or other security interest. 7. Copies of all leases for all of your business addresses. 8. Copies of all leases for all real estate that you own and rent to other persons or entities. 9. Copies of all shareholder, partnership, association, 'syndication, franchise or other ownership agreements and documents regarding any business or venture, of any type, including, but not limited to a corporation, partnership, joint venture, syndication or franchise in which you have any ownership or other interest, including specifically, but not exclusively Greenspring Energy, LLC. 10. Copies of each and every document evidencing or relating to your transfer of any of the items described, in your answer to Interrogatory No. 16. 11. Copies of all applications, drawing, and other documents evidencing or relating to any patent, copyright or royalties or any patentable invention or copyrightable material you own or in which you have any interest. 12. Copies of all promissory notes, security agreements, mortgages and similar documents evidencing or relating to any and all monies owed to you by other persons or entities.. 10 13. Copies of all promissory notes, security agreements, mortgages and similar documents evidencing or relating to any and all monies you owe to other persons or entities, Date: WIX, WENGER & WEIDNER By; David R. Getz, I.D. #3483 508 North Second. Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 ,7240V-6r3 Attorneys for Plaintiff 1.1 COMMONWEALTH/STATE OF COUNTY OF , being first duly sworn according to law, hereby deposes and says that he/she is the of Defendant in the within matter; that he/she has read and answered the foregoing Interrogatories to the best of his/her knowledge, information and belief; and that said answers are true and correct. Title: Sworn to and subscribed to before me, a Notary Public, this day of , 2O14. Notary Public My Commission Expires: (SEAL) CHAD BARGER, : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. GREENSPRING ENERGY, LLC, Defendant : NO. 13 -7064 : CIVIL ACTION — LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Interrogatories and Request for Production of Documents in Aid of Execution was sent by certified mail, return receipt requested this day to the following: Date: Qco aol5 Greenspring Energy, LLC 20 West Aylesbury Road Timonium, MD 21093 Restfully Submitted, ENGE s: W By.; u A. C :•en, 'aralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108 -.0845 (717) 234 -4182 Attorneys for Plaintiff F :\drg \950 - Barger, Chad116329 Dispute with Greenspring Energy, LLC\ Documents \INTERROGATORIES IN AID OF EXECUTION BUSINESS.doc 12726/13 2 :59 PM CHAD BARGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMB ERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW GREENSPRING ENERGY, LLC, Defendant : NO. 13-7064 CIVILTERM IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES ORDER OF COURT AND NOW, this 3rd day of April, 2014, upon consideration of Plaintiff's Motion To Compel Discovery Responses, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. X:avid R. Getz, Esq. 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Attorney for Plaintiff Xreenspring Energy, LLC 30 West Aylesbury Road Timonium, MD 21093 Defendant, pro Se :rc eryt_S" ,72(€L. LY1 BY THE COURT, Christylee L. Peck, J. N01 f,G r (Z ti '1 414 cuMBERL AND COUNTY PENNSYL��AN1A David R. Getz, I.D. # 34838 dgetz@wwwpalaw.com Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff CHAD BARGER : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 13-7064 GREENSPRING ENERGY, LLC, Defendant : CIVIL ACTION — LAW MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW, come Movants, Wix, Wenger & Weidner, P.C., and David R. Getz, Esquire, and file this Motion to Make Rule to Show Cause Absolute, stating as follows: 1. Movants filed a Motion to Compel Discovery Responses (the "Motion") on March 31, 2014. 2. On April 3, 2014, the Honorable Christylee L. Peck issued a Rule to Show Cause why Movants' Motion should not be granted (the "Rule"), returnable within twenty days from the date of service. A copy of the Rule is attached hereto as Exhibit "A." 2 3. On April 3, 2014, the Cumberland County Prothonotary distributed the Rule to all parties. 4. Defendant has not responded to the Motion. WHEREFORE, Movants respectfully request that this Honorable Court make the Rule to Show Cause absolute and grant the Plaintiff's Motion to Compel Discovery Responses. Date: c7.16,1 L / 1 Respectfully Submitted, WIX, WENGER & WEIDNER By: ‘4111 David R. Getz, I.D. #348 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 3 CHAD BARGER : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. GREENSPRING ENERGY, LLC, Defendant : NO. 13-7064 : CIVIL ACTION — LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Make Rule to Show Cause Absolute was served by first class mail this day to the following: Date: Greenspring Energy 30 West Aylesbury Road Timonium, MD 21093 A ENGER : E ► N By: \Paella . Cribben, Pr alegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 4 EXHIBIT "A" 5 CHAD BARGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMB ERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW GREENSPRING ENERGY, LLC, Defendant : NO, 13-7064 CIVILTERM IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES ORDER OF COURT AND NOW, this 3rd day of April, 2014, upon consideration of Plaintiff's Motion To Compel Discovery Responses, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christylee L. Peck, J. David R. Getz, Esq. 50&.North Second Street .Box 845 Harrisburg, PA 17108-0845 Attorney for Plaintiff Greenspring Energy, LLC 30 West Aylesbury Road Timonium, MD 21093 Defendant, pro Se :rc CHAD BARGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMB ERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW GREENSPRING ENERGY, LLC, Defendant : NO. 13-7064 CIVILTERM IN RE: PLAINTIFF'S MOTION TO MAKE RULE TO CAUSE ABSOLUTE ORDER OF COURT AND NOW, this IP day of May, 2014, upon consideration of Plaintiff's Motion To Make Rule To Show Cause Absolute, it is hereby ORDERED that the Rule that was issued on Greenspring Energy in the above -captioned matter on April 3, 2014, is made absolute. It is further ORDERED as follows: Defendant shall serve full and complete answers to Interrogatories and Requests for Production of Documents upon Plaintiff within 30 days from the date of this Order. BY THE COURT, aet,c4c„ '4 Christy ee L. Peck, J. David R. Getz, Esq. 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Attorney for Plaintiff c-, . reenspring Energy, LLC 30 West Aylesbury Road uz-, `` Timonium,MD 21093 r7r- ' Defendant, pro Se A ut 57. 2 :rc cry ..� eppi'C.0 fr6.1fCct_ -< :713 fislitf =YY)