HomeMy WebLinkAbout14-0444 q yy cA. J
COMMONWEALTH OF PENNSYLVANIA;,, Notice of Judgment/Transcript Civil
COUNTY OF DAUPHIN
Case
Mag. Dist. No: MDJ- 12 -1 -05 Robert Caplan, Marianne Caplan
MDJ Name: Honorable George A. Zozos V
Address: 538 South 29th Street Joshua John Gipe
Harrisburg, PA 17104
Telephone: 717- 231 -3500
Marianne Caplan Docket No: MJ- 12105 -CV- 0000164 -2013
4721 Rockledge Dr Case Filed: 9/16/2013
Harrisburg, PA 17110
Disposition Summary (cc - cross Complaint)
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 12105 -CV- 0000164 -2013 Robert Caplan Joshua John Gipe Judgment for Plaintiff 11/26/2013
MJ-1 2105-CV-00001 64-2013 Marianne Caplan Joshua John Gipe Judgment for Plaintiff 11/26/2013
Judgment Summary
Participant Joint /Several Liability Individual Liability Amount
Joshua John Gipe $3,875.50 $0.00 $3,875.50
Marianne Caplan $0.00 $0.00 $0.00
Robert Caplan $0.00 - $0.00 $0.00
Judgment Finding ( "Post Judgment)
In the matter of Robert Caplan; Marianne Caplan vs. Joshua John Gipe on MJ- 12105 -CV- 0000164 -2013, on 11/26/2013 the
judgment was awarded as follows:
Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount
Filing Fees $165.50 $0.00 $165.50
Civil Judgment $3,710.00 $0.00 $3,710.00
Grand Total: $3,875.50
` " "" ANY - PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF �
JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
1 EAte Magisterial District Judge George A. Zozos , 'r: • ;; - * =,z
certify that this is a true and correct copy of the record of the proceedings containing judgment.
Date Magisterial Dis ric udge A jr •'>= ^: `,
MDJS 315 Page 1 of 2 Printed 613`12:29:26PM
No.
Robert Caplan, Marianne Caplan Docket No.: MJ- 12105 -CV- 0000164 -2013
V.
Joshua John Gipe
Participant List
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Plaintiff(s)
Marianne Caplan
4721 Rockledge Dr
Harrisburg, PA 17110
Robert Caplan
4721 Rockledge Drive
Harrisburg, PA 17110 G
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Defendants)
i Joshua John Gipe Ln
243 Middle Rd
Newville, PA 17241 G
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MDJS 315 Page 2 of 2 Printed: 11/26/2013 12:29:26PM
Robert Caplan and Marianne Caplan In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1 � Civil Term
vs
Joshua John Gipe =�
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PRAECIPE �` ''
I, Douglas K. Marsico, attorney for Plaintiffs, do hereby verify that no appeal was filed
in Dauphin County in the matter ofMJ- 12105 -CV- 164 -2013.
David D. Buell Prothonotary
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Attorney Info:
d� y ✓ Y \ �� S� C t or Plaintif
36 /V k s
ROBERT CAPLAN and
MARIANNE CAPLAN,
Plaintiffs
v.
JOSHUA JOHN GIPE,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 14-444 Civil Term
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Defendant m_7.0
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1. On January 24, 2014, this action was initiated by the recording of a judgment
PLAINTIFFS' MOTION TO COMPEL DISCOVERY
AGAINST THE DEFENDANT,
against the Defendant in the amount of $3,875.50.
2. On February 19, 2014, the Plaintiffs served upon the Defendant Interrogatories in
Aid of Execution. A true and correct copy of the Plaintiffs' Interrogatories in Aid of Execution is
attached hereto as Exhibit "A".
3. On May 7, 2014, counsel for the Plaintiffs wrote to the Defendant to advise that
the Interrogatories' responses were overdue.
4. To date, the Defendant has failed to respond to the Interrogatories in Aid of
Execution.
5. Pursuant to Pa. R.C.P. 4019, moving Plaintiffs request an Order from the Court to
compel the Defendant to respond to the Interrogatories in Aid of Execution and other relief as the
Court may deem just, necessary and appropriate.
WHEREFORE, moving Plaintiffs respectfully request that this Honorable Court order the
Defendant to respond to the Plaintiffs' Interrogatories in Aid of Execution.
Date:
08150-002/FL00010598
B
Respectfully submitted,
Do = as . r. sico, Esquire
A'o--yL'I.69804
C. dwell �Kearns, P.C.
3631 North Front Street
Harrisburg, PA 17110-1533
(717) 232-7661
Attorneys for Plaintiffs
Robert Caplan and Marianne Caplan
Exhibit A
ROBERT CAPLAN and
MARIANNE CAPLAN,
Plaintiffs
v.
JOSHUA JOHN GIPE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 14-444 Civil
Judgment
PLAINTIFFS' INTERROGATORIES IN AID OF EXECUTION
To: Joshua John Gipe
243 Middle Road
Newville, PA 17241
Because you have failed to pay the full amount of the judgment previously entered
against you, the Judgment -Creditors, Robert and Marianne Caplan, to whom you are indebted,
have a right to attempt to enforce that judgment by a Judicial Sale (Sheriff's Sale) of your assets,
and have a right to inquire concerning the existence and location of those assets.
Therefore, pursuant to the applicable Pennsylvania Rules of Civil Procedure, you are
required to make full and complete Answers to the questions set forth in the following pages.
These Answers must be made in writing, under oath, within thirty (30) days after service upon
you.
You are warned that, should you fail to do so, the Court may make an Order imposing
punishment for Contempt of Court.
The Answers shall be inserted in the spaces provided following each Interrogatory. If
there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow
on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature
pursuant to Pa. R.C.P. 4007.4.
B
CALDWELL & KEARNS
arsico, quire
. No. 69804
631 rrth Front Street
Harri •urg, PA 17110
(717) 232-7661
DIRECTIONS AND INSTRUCTIONS
A. These Interrogatories are continuing in character so as to require you to file
supplementary answers if you obtain further or different information. If you or anyone acting on
your behalf learn of or obtain additional information requested herein, but not supplied in your
answers, then you shall promptly furnish a supplemental Answer under oath containing same.
The Answers shall be inserted in the space provided. If there is insufficient space to answer an
Interrogatory, the remainder of the answer shall be continued on a supplemental sheet.
B. Where the name or identity of a person is requested, please state full name, home
address and business address and affiliation, if known.
C. Where knowledge or information in possession of a party is required, such request
includes knowledge of the party's employees, agents, representatives, accountants, other firms or
business entities directly or indirectly subject to the control in any way whatsoever of Defendants
their successors and/or assigns, and, unless privileged, their attorneys.
D. The pronoun "you" or "your" refers to Defendants, to whom these Interrogatories
are addressed.
E. "Identify" or "identification", when used in reference to an individual person,
means to state, if known, the person's full name, age, present or last known home or residence
address and telephone number, and title or occupation. "Identify" or "identification" means,
when used in reference to a document or writing, to state the type of document or writing (e.g.,
its date, the names of addressee or signee, the letter or heading and the approximate number of
pages), its present location and the name and address of its custodian. If any such document was,
but is no longer, in your possession, or subject to your control, state what disposition was made
of it, the reason for such disposition, and who, if anyone, has possession or control of the
document.
F. The word "business" includes enterprise, joint venture, partnership, sole
proprietorship, corporation, real estate trust, joint or limited stock company, firm association or
any other legal entity designed to foster economic intercourse.
G. The term "person" as used herein means, in the.plural as well as singular, any
natural person, firm, association, partnership, corporation, governmental body, governmental
agency or other form of legal entity, unless the context indicates otherwise.
H. As used herein, the term "document" or "writing" means any written, recorded,
digital, electronic or graphic matter whatsoever, however produced or reproduced and whether or
not now in existence, and includes the original, all files copies, all other copies no matter how
prepared, and all drafts prepared in connection with such documents, whether used or not, and
further includes, but is not limited to: papers; books; records; catalogs; price lists; notebooks;
bulletins; circulars; forms; notices; postcards; telegrams; deposition transcripts; contracts;
agreements; leases; reports; results of investigations; reviews; ledgers; journals; balance sheets;
accounts; books of accounts; invoices; vouchers; purchase orders; receipts; expense accounts;
canceled checks; bank checks; statements; sound and tape records; video tapes; audio tapes;
memoranda including any type or form of notes, memoranda or sound recordings or personal
thoughts, recollections or reminders, or of telephone or other conversations, or of acts, activities,
agreements, meetings, or conferences; photostats; microfilm; instruction lists of forms; computer
printouts or other data; minutes of director or committee meetings; interoffice or intra -office
communications; diaries; calendar or desk pads; stenographers' notebooks; appointment books;
electronically -generated calendars; personal digital assistants (PDA) or Blackberry;
electronically stored information; and other papers or matters similar to any of the foregoing,
however denominated, whether received by you or prepared by you for your own use or
transmittal. If a document has been prepared in several copies, or additional copies have been
made, and the copies are not identical (or which, by reason of subsequent modification or
notation are no longer identical), each non -identical copy is a separate "document".
I. If an act, event, transaction, occasion, instance, mentioned or referred to in
response to more than one of these Interrogatories, you need not completely identify and
describe it or the person in every such instance, provided you supply complete identification in
one such instance, and in each other such instance made a specific reference to the place,
paragraph, and page number in the Answers to these Interrogatories where it or the person is
fully identified and described.
J. Each Interrogatory should be separately answered. Interrogatories should not be
combined for the purpose of supplying a common answer, and an answer should not be supplied
by reference to the answer to another Interrogatory, unless the answer is exactly identical to the
answer to which it is referred.
K. Whenever in response to these Interrogatories reference is made to a natural
person, state, if known, the person's full name and present or last known address and telephone
number and the person's present or last known business position and affiliation and telephone
number.
L. If you cannot answer any portion of any of these Interrogatories in full after
exercising due diligence to secure the information to do so, so state and answer to the extent
possible, specifically, your inability to answer the remainder and stating whatever information or
knowledge you have concerning the unanswered portions. You must make reasonable efforts to
obtain answers to any questions to which information may be available to you.
M. If you claim a privilege about any communication as to which infoiniation is
requested by these Interrogatories, or as to any answer requested by these Interrogatories or any
part thereof, specify the privilege claimed, the communication and/or answer as to which the
privilege claimed, the communication and/or answer as to which that claim is made, the topic
discussed in the communication, and the basis on which you assert that claim of privilege.
N. In the event information used to answer any of these Interrogatories is obtained
from a person or person other than the person or persons' signing the answers to these
Interrogatories, please include in each such answer the name and present address of the person or
persons who contributed such answer.
6
O. "Conveyance" includes every payment of money, assignment, release, transfer,
lease, mortgage, pledge, and also the creation of any lien or encumbrance.
P. The word "creditor" is a person having a claim, whether matured or unmatured,
liquidated or unliquidated, absolute, fixed, or contingent.
Q. The word "debt" includes any legal liability, whether matured or unmatured,
liquidated or unliquidated, absolute, fixed or contingent.
INTERROGATORIES
1. At the time of entry of judgment in this matter on January 24, 2014, and through the date
of service of these Interrogatories, please identify all bank accounts which you, jointly or
individually have an interest, . to include checking accounts, savings accounts and
certificates of deposit.
ANSWER:
2. In response to Interrogatory No. 1, please set forth the name of the bank, the address of
the bank, the title of the account, the account number, the balance on January 24, 2014,
and through the date of service of these Interrogatories, and the present balance.
ANSWER:
3. Please identify all real estate in which you, jointly or individually, or entities owned in
whole or in part by you, had an interest at the time of entry of judgment on January 24,
2014.
ANSWER:
4. If your answer in response to Interrogatory No. 3 is in the affirmative, please identify and
describe the real estate, with the approximate market value, assessed value and your
approximate equity interest in said real estate.
ANSWER:
5. State whether you have any agreements involving the purchase or lease of any real estate
anywhere in the United States or elsewhere. If so, state with whom this agreement is
made, and state whether or not any persons are joined with you in the agreement. Supply
full names and addresses of all parties concerned. If the said agreement is recorded,
provide the state and county of recordation, volume and page numbers.
ANSWER:
6. State whether you own any mortgages against any real estate owned by any other person
in the United States or elsewhere. If so, state whether or not you own this mortgage with
any other person or persons and, if so, supply their full name and address. State further
the names and addresses of all borrowers and the state and county where said mortgage is
recorded, together with the number of the volume and the page number.
ANSWER:
7. State the names and addresses of any and all persons whom you believe owe you money
and set forth in detail the amount of money owed, the terms of payment and whether or
not you have written evidence of this indebtedness, and if so, the location thereof. Also,
state if the matter is in litigation, and if so, give full details. If you hold a Judgment or
Judgments as security for any of these debts, state where and when the Judgment was
recorded, including the State and the County, number and term where the Judgment is
recorded. If you hold this Judgment or Judgments jointly with any other person or
persons, give their name and address.
ANSWER:
8. State whether or not you own individually or jointly any corporate or governmental
bonds. If so, include the face amount, serial numbers and maturity date and state the
present location thereof. If you own any of these Bonds jointly with any other person or
persons, give their name and address.
ANSWER:
9. State whether or not you own any stocks, shares or interest in any corporation, or
unincorporated association or partnership interest, limited or general and state the
location thereof. Include the names and addresses of the organizations and the serial
numbers of the shares or stocks. If you own any of the Stocks, Shares or Interest jointly
with any other person or persons, give their name and address.
ANSWER:
10. State whether or not you maintain any safety deposit box or boxes. If so, include the
name of the bank or banks, branch or branches, and the identification number or other
designation of the box or boxes. Include a full description of the contents and also the
amount of cash among those contents. If you maintain any of these jointly with another
person, give their full name and address.
ANSWER:
I 1 . If, since the date upon which the debt herein was first incurred to the Plaintiff herein, you
have transferred any assets (real property, personal property, chose in action) to any
person, and/or, if you have given any gift of any asset, including money, to any person;
set forth, in detail, a description of the property, the type of transaction and the name and
address of the transferee or recipient.
ANSWER:
12. State whether or not you own any personal property. Include a full description of all
furnishings and any other items of personal property with full description, value and
present location. State also whether or not there are any encumbrances on that property,
and if so, the name and address of the encumbrance holder, the date of the encumbrance,
the original amount of that encumbrance, the present balance of that encumbrance and
the transaction which gave rise to the existence of the encumbrance. If you own any
personal property jointly with any other person or persons, give their name and address.
ANSWER:
1 3 . State whether or not you own any motor vehicles. Include a full description of such
motor vehicles and/or boats, including color, model, title number, serial number and
registration plate number. Also, show the exact name or names in which the motor
vehicles/boats are registered, the present value of those motor vehicles/boats and their
present location and place of regular storage, garaging or parking. State also whether or
not there are any encumbrances on those motor vehicles/boats, and if so, the name and
address of the encumbrance holder, the date of the encumbrance, the original amount of
that encumbrance, the present balance of the encumbrance and the transaction which
gave rise to the existence of the encumbrance.
ANSWER:
14. State whether or not you own any personal property on loan to or on consignment with a
third party. Include a full description of all such items on loan or consignment with full
description, value, quantity and present location. State also whether or not there are any
encumbrances on that property, and if so, the name and address of the encumbrance
holder, the date of the encumbrance, the original amount of that encumbrance, the
present balance of that encumbrance and the transaction which gave rise to the existence
of the encumbrance. If you own any goods on loan or consignment jointly with any other
person or persons, give their name and address.
ANSWER:
15. State whether you are the recipient, directly or indirectly, of any income for the rental of
any real or personal property; and if so, state specifically the source of payment, the
person to whom such payments are made and the amount and date when those payments
are received.
ANSWER:
16. State the amount of money you have received within the last sixty (60) days from any
and all sources, and what you have done with that money.
ANSWER:
17. If you have any asset or assets which are not disclosed in the preceding sixteen (16)
interrogatories, please set forth all details concerning those assets, including, but not
limited to, whether those assets are encumbered in any manner.
ANSWER:
18. State whether there are any suits, actions or legal proceedings of any kind against you
pending and undetermined, identify them and state the full particulars as to each,
including, but not limited to, the court or tribunal in which they are pending, any docket
number or other identifying number and the amount and type of judgment sought against
you.
ANSWER:
19. State whether there are any judgments on record against you, other than the Judgment
entered in the above-captioned matter. For each judgment, identify the state, county and
court in which it is of record, the judgment, record or index number of the judgment, the
full name and address of the judgment holder, the amount of the judgment, whether or
not payments have been made on account thereof by you or by any third party for you,
and, if by a third party, give the full name and address for said third party, whether
satisfaction has been recorded and, if satisfaction has not been recorded, specify the
reason for failure of satisfaction and whether there are any supplementary proceedings on
any of the judgments pending against you.
ANSWER:
20. Identify what money you have spent since the time of entry of the Judgment against you
in this matter.
ANSWER:
21. State whether you had at the time the debt was incurred by you in this matter any rights,
real or person property, money, debts, claims, mortgages, leases, choses in action,
judgments, insurance, watches, jewelry, checks, notes, bills of exchange, bonds, stocks or
certificates, any interest in a contract, patent, copyright, trademark/service mark,
invention or royalties, which you are not now possessed of, or in which you now have no
interest, or a lesser interest. Further, identify each said interest with particularity and the
dispensation of each.
ANSWER:
22. State whether you had at the time of entry of the Judgment against you in this matter any
rights, real or personal property, money, debts, claims, mortgages, leases, choses in
action, judgments, insurance, watches, jewelry, checks, notes, bills of exchange, bonds,
stocks or certificates, any interest in a contract, patent, copyright, trademark/service
mark, invention or royalties, which you are not now possessed of, or in which you now
have no interest, or a lesser interest. Further, identify each said interest with particularity
and the dispensation of each.
ANSWER:
r
COMMONWEALTH OF PENNSYLVANIA
: ss:
COUNTY OF
Before me, the undersigned authority, personally appeared JOSHUA JOHN GIPE, who,
being duly sworn according to law, deposes and says that the foregoing Answers to
Interrogatories in Aid of Execution are true and correct to the best of the affiant's knowledge,
information and belief.
Affiant's Present Address:
SWORN TO and subscribed
before me this day
of , 2014.
Notary Public
CERTIFICATE OF SERVICE
AND NOW, this day of February, 2014, I hereby certify that I have served the within
document on the following by depositing a copy of same in the United States Mail, Harrisburg,
Pennsylvania, as follows:
BY CERTIFIED MAIL TO:
Joshua John Gipe
243 Middle Road
Newville, PA 17241
08150-002/FL00004195
CERTIFICATE OF SERVICE
AND NOW, this 1_\day of June, 2014, I hereby certify that I have served the within
document on the following by depositing a copy of same in the United States Mail, Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Joshua John Gipe
243 Middle Road
Newville, PA 17241
JAMES R. CLIPPINGER
JAMES L. GOLDSMITH
STANLEY J.A. LASKOWSKI
DOUGLAS K. MARSICO
BRETT M. WOODBURN
MICHAEL D. REED
MICHAEL A. FARRELL
THOMAS M. FRATICELLI
PETER M. GOOD
ELIZABETH H. FEATHER
DAVID A. WION
JEAN O. SEIBERT
GREGORY D. GEISS
THOMAS S. LEE
JESSICA E. MERCY
JOSEPH S. SWARTZ
CALDWELL & KEARNS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
OF COUNSEL
JAMES D. CAMPBELL, JR.
CHARLES J. DEHART, III
THOMAS D. CALDWELL, JR.
3631 NORTH FRONT STREET (1928-2001)
HARRISBURG, PENNSYLVANIA 17110-1533
Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
717-232-7661
FAX: 717-232-2766
THEFIRM@CKLEGAL.NET
June 12, 2014
Re: Robert and Marianne Caplan v. Joshua John Gipe
Docket No. 14-444 Civil Term
Dear Sir/Madam:
CARL G. WASS
(1937-2010)
RICHARD L KEARNS
RETIRED
Enclosed herewith for filing is an original and one copy of Plaintiffs' Motion to Compel
Discovery Against the Defendant in the above -referenced matter. Kindly return the extra
clocked -in copy in the enclosed self-addressed, stamped envelope.
Thank you for your attention to this matter. Should you have any questions or concerns,
please do not hesitate to contact me.
DKM:tas
Enclosures
cc: Joshua John Gipe
08150-002/FL00010612
Very truly yours,
. Marsico
ELL & KEARNS
ROBERT CAPLAN and
MARIANNE CAPLAN,
Plaintiffs
v.
JOSHUA JOHN GIPE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 14-444 Civil Term
f ORDER
And now this day of , 2014, it is hereby ordered and
decreed that the Motion to Compel is granted. The Defendant is given ten (10) days from the
date of this Order to serve verified responses to the Plaintiffs' Interrogatories in Aid of
Execution.
BY THE COURT
Distribution List:
Douglas K. Marsico, Esquire, Caldwell & Kearns, 3631 North Front Street,
isburg, PA 17110
Joshua John Gipe, 243 Middle Road, Newville, PA 17241
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