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Home My WebLink About05-2464 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T LEASE, LLC, a subsidiary ofM & T BANK, successor by merger to ALLFIRST BANK, Plaintiff, No, OS - d'-l~Y Ciu~l '-r€/U'Y\ vs, COMPLAINT IN CIVIL ACTION STANLEY M, SEMIC, Defendant. FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: DEBORAH R. ERBSTEIN, ESQUIRE P A ID#86470 NICHOLAS D, KRAWEC, ESQUIRE PA ID #38527 CHRISTOPHER M, BOBACK, ESQUIRE PAID #91730 Bernstein Law Firm, P ,C, Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. R0056053 NOTICE TillS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MLG0003799VOO\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION M & T LEASE, LLC, a subsidiary ofM & T BANK, successor by merger to ALLFIRST BANK, Plaintiff, No, O~- Ct'Ul{ <-r~ vs. STANLEY M, SEMIC, Defendant. NOTICE AND COMPLAINT NOTICE TO DEFEND 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 the 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FlND OUT WHERE YOU CAN GET LEGAL HELP, Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 MLG0003799VOOl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T LEASE, LLC, a subsidiary of M & T BANK, successor by merger to ALLFIRST BANK, Plaintiff, No, 05' - ). I..{y,'( e 'u:L ~ V2--nt. vs, STANLEY M, SEMIC, Defendant. COMPLAINT IN CIVIL ACTION I, Plaintiff, M & T Lease, LLC, a subsidiary of M & T Bank, successor by merger to Al1first Bank (hereinafter Plaintiff), and maintains offices at 1100 Wehrle Drive, WiIIiamsviIIe, New York 14221. 2, Defendant, Stanley M, Semic (hereinafter Defendant), is an adult individual with a last known address of303 E, Main Street, Camp Hil1, Cumberland County, Pennsylvania 17011. 3, On or about February 8, 2000, Defendant as Lessee, executed a Closed-End Motor Vehicle Lease Agreement in favor of Plaintiff, for the lease of a new 2000 Ford F-250 Truck, VIN # IFTNX21F7YEB82956. A true and correct copy of the said Agreement is attached hereto, marked Exhibit "1," and made a part hereof. 4, By the terms and conditions of the aforesaid Lease Agreement, Defendant agreed to make sixty (60) consecutive monthly payments to Plaintiff in the amount of $376.43, beginning February 8, 2000, 5, Defendant defaulted under the terms of the parties' Lease Agreement by failing to make timely payments to Plaintiff, 6, Due to Defendant's failure to make the monthly payments when due, Plaintiff repossessed and resold the vehicle. MLG0003 799VOO I 7, After applying all proceeds, Plaintiff avers that a deficiency balance of $3,917.02 remains due and owing, as of April 27, 2005, 8, Plaintiff avers that it is entitled to interest at the legal rate of 6,00% per annum, 9, Under the terms ofthe parties' agreement, Plaintiff is entitled to recover reasonable attorneys' fees, 10, Plaintiff avers that such attorneys' fees amount to $783.40 as of April 27, 2005, 11, Defendant is in default of the agreement for failure to make timely payments and by failing to pay the unpaid balance for payments and charges, 12, Despite Plaintiffs repeated requests for payment, Defendant has failed to and/or refused to pay the aforesaid balance, attorney's fees, or any part thereof to Plaintiff, WHEREFORE, Plaintiff, M & T Lease, LLC, a subsidiary of M & T Bank, successor by merger to AlIfirst Bank, requests judgment in its favor and against Defendant, Stanley M, Semic, individually, in the amount of $4,700.42, plus interest at the legal rate of 6,00% per annum from April 28, 2005, and costs, NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. eborah R, Erbstein, Esquire Attorney for Plaintiff 707 Grant Street Suite 2200 Gulf Tower Pittsburgh, P A 15219 (412) 456-8100 BERNSTEIN FILE NO. R0056053 MLG0003 799VOO 1 Clo \ r,. _ - _ _ " CONSUMII!;:R PA.PER ~__ "") c:::. } d"l CLOSED ~ND MOTOR VI;:HICLE LEASE _ MONT.....LY PAYMENT -"--' ~ ~...... ".'.'- ..,..... e~::t ~ J:. r ,..u.."..... eo~.....c,., Q< ..c,,"u........ .....,,,,,.W. L...... .<,.. . "r' '-C'.".'-".." ",,' ;'1:",i~ ~,... .:t... ...,... ,',.'..,",. ='., "';~.,;,,,:':.':~:.)'_~-"';;,,,,;:::, LeU'" Nome ."d, "".'''''''': "'aa,cU u......\.l ,........1..) ."" "u'''.''.", """""nl..' L B SMITH FORD INC 12TH AND MARKET STREETS LEMOYNE PA 170H-0606 .STANLEY M SEMIC '125 STANFORD COURT ~F.HA fEB141001 ) You are Ihe lesseejsl named above. We are the Lessor named above, We intend to assign Ihis Lease Agreement (lhe "lease"j to IheAssignee named below. Prior 10 tile assignment, any reference in ,this lease to .we: 'us' or 10 "Lessor" shall mean the lessor named above. However, under the Federal Consumer I@SJng Act, bolh we and IIle Assignee nallled below are considered "lessprs.' Except for Ihis require~ disclosure. the Assiin~e. wiU have nc fights Cf ~hli~a\i()lls liS a lessol [/Tllhis lease unlil if is assigned. Then, any reference La "we: "us" or 10 "lessor' shall mean Ihe Assignee. Each of you who signs Ihe Lease is individually liable /0 us far all lease abligalions. Vau are leasing lhe Vehicle described below I"the Vehicre~l from us You agree 10 pay all amaunts due uflder the Lease and fulfil! all YOllr obligaliofls underlhe lease. You inLend 10 use IheVeh;c!e primirilyfof personal, tamilyorhcusehold purposes unless tile "Business, Commercial or Agricultural Purpose luse" bo~ above is checked. In tills Lust, "e' mnns ill I!-S\\mate. PA 17055 I Amount Due at lease Monthly Payments Other Charges \Wl)\ part 01 your monthly payment) Total of Payments Signing or Delivery Vourljrs\monlhlypaymenlof; :\7t; fThe amounl you will hove {Itemized belowl. isdueon FF'R R'T'~ ' --2000 Olsposi\ion lee (H ~'l.u do 110\ paid by lhe end of the lease) followed by .'JiQ payments of llurchase Ihe VehicJe} 1 25(1.00 ~ 1 ~7~ 4-::t due on !l:!e 10TH 1 N/-A- V- I 45L 93 of each monlll.The !olal 01 YOur 111000lhly paymenls I $_22. 91L 30 is$ 22 58~ aD Total 1 2aO.00 oUemizalion of Amount Due at Lease SiDling or Delivery Amount due alleasesigningorde(ivery: R\!luMabl~S\!tUIi1il}epD.i\ +1 /VA How the amounl due at lease signing or delivery Capitalized Co;l Reduction I N/A TilleF~s +1 22 Sct'ilIbepaid: Sales Tax on G.!sh Downpaymelll +l N/A Registration Fe~s +1 56 OO'ieltraae.in.ano'tiiQl:ett 1 N/l. Sales/UseTax +1 N/A +l N/lt. Rebatesandnon.cashcredits +l ~1(1\ DptionalMBf' +1 N/A +l II/A AtMlffiltQ~Il'/lilUDtasJl +l rlrslMonthlyPaYment +1 :\76 43 v' Prepaid RenlalPaym;:nt +l N/A ToIal =1 {C:;{ 93. . Totat -$. ,,- Your Mont~1y Payment is Determined as shown below: '\ GrosscapitaJired co"&l ThelgreeduP<lflvaluellfthe Rent charge. Th~ amounlcharied In adciiliQnlo the Vehicle ($ 28 377 OQand lIny items you pay over depreciaticHlanda'nyamortizedaIlUlunls +1 7,857.20 the lease term {such as service conlracls, insurance, and any Total of base monlhlypaymenls. Thedeprecialionand oulshnding prior credit or lease balancej" I 7:1-\ 51:i? 00 anyamortizedamounlsplustherenlcharge ~I~ Capilalized cost reduction. The amounl of any net trade-in allowance, rebat~, non.cash crej:ht, or cash you pay thaI lnse payments. The number 01 payments in Y.l!]Jf ~.!!a~ 60 reducesfhegrosscapitalizedcosl -$ NlA IThis is also Ihe number oflllonlhs in YOur Lease) lI.djustedtapitaliUlltost.Tneamounluse.din Base Monlhly Payment - ~I 315,35 calcufalingyollT base mOnlhJypayment ~I 18,552 00 Residual Value, The value 01 tneVet\ic!e at tlle. eM t>l + II/j., IheLeaseusedincalculatingyourbasemonthlypayment _$ 1",68a,20 Oepreciationapd any amortized amounts.. Il'Ieaffi'.l\.mt Mon\hl)'sllles/uu1ax .. +1 31. oll charged lor the Vehicle's decline In value Ihrough normal wearandfotothetilernspaidoverthelaaselerTJ1 ~I 1 ? A Ii. ':I: eo Tolalmonthlypayment - - \I .- 376, i~ .J II EARLY TERMINATION. You may haVl). to. pay, subs\anti,,,ehallt i1 you end this lease early. The charre may be uo to several thousand dollars. The aclual charge wifl depend I on when the lease islerrninated. The earlieryouend1he Lease, lhe ereater this charge is likely to be. , Excessive Weal and Use. You may be cnarged lQr El(~'4e Vital b<lstll on our stantfards tor Mrrnal use. If you drive in excess of ~ ~ miles per year, the excess mileage penally will be $ _ /.::1.. r exuss mile. III spaces are left blank, fOtmileage in excess of 1.000 miles/rnJn ,qQQm e charged S.18 permile.J EXHIBIT. I . . . ~a6ed jlj'U03L ~ ~090Z~8 - .LNVl:l8 l:l3=,INN3r ; I JENNIFER BRANT : 31~05~117cOr';,iif . . ~. ~"M~. ~t"'Y" ... ~".. .... .""'" ,..".. ,,,,~ "U... '"'.. ~t'''U'' ,.. I'U"",UU_ ,oj. ,,,,,,..,.. ", ,,,.. .."... .." ",,. ............ ,~,." '''' or ..wew._..w_wv...._:;.r..U. does not include offici~1 iees such as !h"'3se for taxes, tags, license and registration. Other Important Terms. See your Le~se documents for additianaJ information on earfy termi;1ation, purcnase opti{\(lS Mid maif\\enanC% respcnsibililies, wmanties, lale alid detault charges, msmance, 3ml any secmity interesl,if applicable. SalesTilX flncludingluxuryTax) $, 2R. J77 00 $ N/."'. $ N/A $ $. IF YOU DO NOT MEET YOUR OBlIGI\T10NS UNDER THIS LEASE, WE MAY RETI\KE THE VEHICLE, ~I'G-I'NM'-:t(jN' I!Ihe'/ehiCle is not new, and no warranlrjs-idenMiedinlhepre~iollSSel1ieIlCe, Iheie is '00 express warranty on the Vehicle, Unless prohibited by law, the roJkJwing lwo sentences apply. YOU ARE LEASING THE VEHICLE .AS tS." WE DISCLAIM ANY WARRANTIES IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF Ml:.RCKkNlMl.\LHY Mm f\1KtSS 'iO'i\ "'NY PARTICULAR PURPOSE. II we make a wrillen warranty covering the Vehicle or, wilhin 90 d3Yi lit the Lease Daie we ulend a service contracl coveting Ihe Vehicle, Ihis disclaimer will be modified only to the edenl oflh.ose-specilic Wtfrillties. Physical Oamage ,Inn Lillbilily lnSllrance, You have obtained the insurance Ihat is required for this lease (see "Insurance" on the atiler st<le of this L21.se.} 'NSURANe'COM'ANY C<nalCI1\L <EI€AAL WION IN> POLICY< BA 427638 NAME OF AGENT/ADDRESS oa:x;e: INS ue L~te faymenls. The charge forlale paymentsi$.: 7lof\he basellllln\\lly payment for any paymenl nolreceived within lOdays of the dale il is due. Nolale clTarge.will be !ssessed or collected when the only delinquency is l(1te charges assessed on an eaf~er dt!lnquency. . Disposition Fee (See ~Return 'JI the Vehicle" 'Jili.t1e 'J\her side of Ihis tease]: $ Z5000 [-,Iffy Termination Pellilty l$e.e "lefms Col\tellllng Earty letminallon 01 lhe tease" on the otherskfeollhislease): Official feu am! Tun. The total affi'Juol you will pay lor offidal and liCl!nse fees, registra. tion, Iitle and taxeS over the term of your lease, whether iOClll,"','fIill'o your mlll'l\tt\y 1>'Ilymentsorassessedolherwise: $ elSee\jem J3~I'Jnrevetsel h' 'b' ~, V:>/.,jU . " V h" ' Warranties. The Ve !Cle IS su Jeel to the 10 lowmg express warrantres. I he e IC e IS new, Ihe Vehicle is subciecl to the m'llnulactuTer's s\andald new car warranty. I J lflhisbo.x is chec~ed, the Vehicle is subject to the following express \'jarranty 'Jf guarantee: YllU ale ntl\ reQllired 10 buy any opfiona]proollcisalld services 10 enler into the lease. The lerm of any product or service Yllll be \lIe Lellseletm, unless a differentte rm is stJown to the righllryoudedde you wanl to buy an optional proouclorservlce,review ltle teflllsllf\he con\raetwhichdescribeslheproductorservicebeloreYOlliliiliallo'lherlghl Acompleted copy of the cllntraclwiU be ziventllYll-Ilassoonasprac'licable. By initiaJincto the right. you indicate that Y'Ju want to DUY Ihe optional products and . services indicaled. II the cost shown is not shown as part of the ItemlZition of Amount Due at lease Sl~ninc abeve, it has been added to the Gross C!pitalized Cost (see above). O?(MlI\~1 Mtcha!'lit:al Breakaown Prolect"lOn ("MBPi Term Lessee'slnifiills Coverage Oplional Service Conlracl Term or Extended WartantyTerm Lessee's/ni!ials Coverage NOTICE TO THE LESSft: YOU HAVE NO OWNERSHIP RIGHTS IN THE VEHICLE UNLESS AND UNTIL YOU EXERCISE YOUR OPTION TO PURCHASE THE VEHICLE. DO NOT SIGN THIS lEASE BEFORE YOU READ BOTH SIDES OF IT OR IF IT CONTAINS ANY BLANK SPACE TO BE FILLED IN, YOU ARE ENlITLED TO A COMPLETELY FILLED-IN COPY OF THIS LEASE WHEN YOU SIGN 11. BY SIGNING THE lEASE, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ A COMPLETED COpy OF THIS LEASE BEFORE SIGNING IT. The Lessor's authorized signalureindicatesthe lessorhiisacce pted the terms, CQndilioflsaml obliga\ionsllflhe lease and lhalthe L eSSlIragrees to the 'lessot'sAssignment" provision 0\1 the lither 51tle 01 IhlS lease. lessor Name: Assignee Name: llllJi\ aSHITH FORD IHe 499 Mitchell Street, Miflsboro, De 19966 B, Tylle r\nttlame: Type/PrtntTl\le: '7d .Af I?t.-- ,"/"'" C?~ lEASE GUARANTY I {the Guarantor(sl signing betow) understand tIIa! the lesS<lt~nd Less~ flamed above have entered into a vehicle lease agreemenl (~lI1e Lease") dated as of Ihe date above. thereby uncondnionally gLlarantee fill! and limely paymenl when due of all rentals and other payments and the lull Ilenoll'llance by lessee ot all promises, terms and conditions of the lease (collectively the 'Uabili!ie.s"l.ll an event oj delauUoccur$ under Ihe tease, I shall pay immediately any !rnollnls due from the Lessee or lake any action f~uifed III the Lessee un/ler the lease. My liabiljty unqer Ihis GuJranty rS"~rjmaf)' and will not he aftecte<l h~ -a\lY settlement, extension, renewal or modification of !he lease or by the discharge or release of the lessee's obligations, whether or nol DY operation oj law. J waive all damages, presenlmenls, and demands and notices of evefY kind indm~\Uie. I agree \0 pay an expenses (including attorneys' fees and legal expenses) you pay Of IntUr in trying \0 cullect all or any part of the Uabilrties, and in enforcing this Guaranty. ThiS Guaranty is an absolute, cantinuin& and uncondItional guaranty. Alter assignment of the lease. Ihis Guaranly may be modified or terminate\! only with Ihe assignee's prior wrilten consent. Any parts of Ihis Guaranly which conllict wilhany s-I.alute, rlllt or law, shall be deemed nun and void 10 the extent of such conflict, bul without aHecll1lg the rest of this Guaranty. l! rnon than One partY signs this Guaranty, each is jOintly and severally obligated. Each signer on he~a!l 01 !ny corporale guaranlor warrants that he had authorily 10 sign on behalf 01 Stich corporation and by so sitnlng, to bind tM corporilte gU8rlntor under this Gua/arrly. Signed in the presence of: ~EAl) ISEAl) SignatmeofGua.I&n\or Dale Signature of Guarantor Oate Il.IJiCDNSUMERfORMUSS98M.5.2IV99J PEtlNSYlVANIA LESSOll COf'V. WhILe' OUtER COPl' Clnl'!' 1ISS!( C(,II"( .I'i~k. COl'l.\lcIlle",w Ilt9!l'98ANCONSUMERSERVlCf.IfK JENNIFER BRANt--=- 312050117contif Page ~ of such taxes as part of your ml)nth~.P8Yro.Q\Dlc IttUal 't~tal 01 fees and tUH m3~ he nig~r 01 Icwer depMdinr on lhe tax rales in effect or the value of the J~a5ed property $1 the lime ~ 1"11 m tll.l, is Mstsnd. 1111$ paragraph will silrvive termination of lhis Lease. UJ Returned Cheel: Charge. If any clmk you give us in payment of any obligation under lhis Lease is dishollored or returned 10f any reason, you a~ree t() \I~Y a retumell ched.lee 01 ;25 but jf applicable Jaw permits a higher amount or limits slich a (ee tQ a lower amt>unt, )'oll agreeta pay such higher or lower amount (kJ Use of the Vehicle. Ycw will keep the Vehicle permanently garaged at the address sMVlIl in lhi!.lease. You will keep the Vehicle free from any lien; or claims. You have the risk of loSs, and ale lesponsible lor the Vehicle's damage or destruction. You will rrot anow unlicensed drivers to drive the VeJ\icle. '{{l\J will not use the Vehicle lor more than 30 days oulside Ihe stale where \he Vehicle was tirst titled withw\ ourpripl written permission. II we permil you to regisler the Vehicle in arlOther slate, you agree to pay all Gosh and eKpjlllses olleg\stlalion plus an administralive lee of $50. Weare nol required 10 perlllilyoutomovll\l1elkhitle\l)anO\herslale. In Aeknowlede:menl. YOII ac~iibwfedge you have examined the Vehicle. VOl! ackl'rOwledge that lhe Venicle is equipped as you want, that jl has nHnissing parts and that it is In good tomlition and the odometer mileage is as shown in Section 2. fou accept the Vehicle for all purposH of the lean. You lurt.hel <ltknowledge you have taken delivery of.ltte Yehicle, \~~iliir.!hf}~uired to maintain accurale mileage records ClI your usage of the Vehicle, NGrmafly, usage is determlwad SGlely by the odomeler in Ihe Vehicle. However, il the odGll!Iler.,~~ld break for any n~asTil~ must irnmediillt'ry repair MiI4lace the odometer and tit l.M! to proVide us with propeh'bPdorting documentati6A()J .iti1ira& uafale <lno nl11'eare'w'hen lhe odomeler failed and the date when it was repaired or replaced, II Ihe odome\e1 malfunctioned or was tampered with and you cannot substanhale lhe mileage shO'Nnon the Ildome\eT, you agree to pay the amClunt we estlmatiihe Vehicle's market vallie-has been reduced by reaSGn of additional milesJlGt relleded [In the odometer,tne inability to determlqe the Vehicle's actual mileage, Ot bath. This pilalfaph w~l survive lermination of the Lease. (nl Odometer Disclosure. Federal taw requires ynu to prO?erl~ cenily the Vehicle's mileage at the time of lease termination, whether or not the Vehicle is returned to us. This ce.rtilicatw.o '1$ needed so that we can transfer ownership of the Vehicle. Failure 10 certify the mileage or makinn, fal~ s\i,\~en\ may result in lines and/or imprisonment. You musl certify the mileage even if YOIJ buy theVe-hicle. "II we\rans!erliUe to IheVehicle and provide incorrecl odometer informalion, either because YOll did not provide a c.ertific.ationio us or you made a la/se statement, to the exlent not prohibited by law, you act liable fOf ann will indemnify us against any claims, damares, penaltie;. tine~ OUefs~!: including our court costs and attotaeys.' lees, which we may incur in connectioll with YOllr failure to comply with the law, This paragrap!l will SlJfvlve\f:rmina\ion Mfne Uah, ' 10) IndeJtmjfication. lou a.cree to indemnify liS ,Ind hofd us and our assignees, agents. and insurert harmless, to the ntMlt no'! prohibited by law, from all dama&,ts, injuries, claims, demands, and u'llentts, ineludina rnsooalJle attorneys' lees, arisin&, out of the condition, mainlenanCl!, use or operation of the Vehicle, iocludinr; a tlalm uf,derthe strict liability doctrine. IPJ Securily Interest. We reserve a security interest of lhe following type. In t~ folklwini propepy \0 secure perlorlj1anlfe of yaur obligations under the Lease: any unearned returned premiums I>>' tbalges Of olher amounts relating to insurance or any optional praduct or service s~ld in connection'~'ith thIS lease am! felumell 01 paid to us. YOll WIn earn no Inler~sl, increase or prolitwllh respectloslJchpr~per\y. \ \ _ _:: ,. . _ {Q} Waiver. If we lall 10 exercise any right or remedy at any tilM, we dr. fIllt waive the right 10 do S9 a! a. Jater lime, lr) Glvin, Notice, Notices may be given personally or sent by first class mail \11 the addle~s shown on lhe Iront SIde of \his lease. Notices shall be deemed given to us when they are personally Riven or actually received at our address ihown in Section 1 or as we otherwise direct from time to time. Netic.es shall be deemed given to you when they are personally given or wilen placed in the mail, addressed to ~IlU at )'Our address Ihen shown on our records, even though you might not actually receive I)ur mailed notice. You agree that to days' nolice is ,reasonable nolice period,unless stale law requires a longer lleriod,lnwhichCiseyl'lU ai;lee Iha\\he slate required perio disr/!asonable. fsl Assignment and Transfer of the Yehicle, YOU MAY NOT ASSIGN THE: LEASE OR TRANSfER nlE VEHICLE WlUlOUT OUR PRIOR WRITTEN PERMISSION EXCEPT AS OESCRIBED IN THIS lEASE. We may mign all of Ollr rights under lhis lease. Y$(~l'l!o.tp r'i"\o'~r performance of your obJiJlll)nt1(i)1J~ftligilfa'lDBlftliW~'i'4iiiWtl)vnnen nolice (If any assignment, to Ihe Ass.i(ll~.or aJ}'( sy~s~qulnt asslgnee.1he pmoll W. whom we assign our rights may reassign lhem. You may nol assign your rigllt9Janp1ltJiigatj{lJAtli'~er this lease, ltl:Cellt that,.we agree IhafinYssi~nmhl d116u obligations under Ihe lease to a licensed motor vehicle dea~r in cor\l'lecl\on wi\h \he pllrch~se or leai{~ranolher mo!orvenicle will be permilted, however, ynu wm remain liable lor the obligalions iffider Ihe lease tmti! we release you, or all amounts dlle under lhe lease are paid and aU ohlig&lions lulfllled. (Q General. lhis luse is \he emir! agreemenl between you and us. We have nol made any promise to yOll that is nol in Ihis lease, Any chanle to lhis lease must be in a writing Ihat is signed by YOll and liS. II any provision of this lease is l(lund to bt ~Ilid ar unenforceable, th'ls teasels to be read as if Ihal provision were never contained in this Lease. lu) Governinllaw. If any part of the lease is iMalld,unenforceab{e or lilegal in anyj\llisditli on,lhe partlhallsinvalid,lInenfotceable or illegal will not be effe ctiveastothatjurisdiclion. Tilt rest ot the lease will be enforceable. If you lease the Yehicle primarily for personal, family or household llurposes,lhe law 01 Ine sla\e in wnich you reside will govern the lease and the interpretation 01 the lease. II this lease is nDI primarily lor personal, tamil, or household purposes, yOll agree thatlhe laws of the state In which the orlginallessl)f does btlsinm, as shown in Section l,shallgovern lhis lease and your obligations. (v) Arbitration. You and we agree lhal Dispulei/defiiied belowl Ihal3rise unde, (If i II \;ollr.ec\ion wi\h this lease shall be SUbjeclto bindingalbilration, A "Dispule" is any conlroversy or ,\aim <Irisin! from or relating to this Lease. A "Dispute" includes, bul is not limited 10, the negotiation or breach 01 tile lease, Q( any mattel arising trom the lease ollhe Vehicle inVOlving any Lessee, Co-lessee, Co.Signer, Gua~I\\Of, tes$Q'f or any assignee, agen\ employee, surety bondirtg company or insurer 01 any of these persons. A "Dispute" alw inclooes llW Qutstirlfl reilarding whelher a maller is sUbjecl'lo frbTtralion under this paragraph. YOu ami Vie agle-e that ii any Dispute arises, eilher ~ou or we may choose 10 have the Dispute resolved by binding 'tbitra.tioo under the rules tllen in effect of the Naliofiid Arbitraliort Forum, Bo~ SOJ9l, Mirtneapolis, MN 55405 (612.631.1105\. T\'Ie election to arbitrate may be made even if an action has been filecl in calJrt.so long as M iuclifnel\1 has been lendered.lhe arb i1ratlon hearirtg shall be held near where you signed IhisLease on30 days' notice to thll partits. The ,,!bitralorlsj shan apply relevant law. 1he hearing shall be concluded wilhin 120 days unless o\lIefwise oldered by the arbilrator{s). The award shall be made within 30 days after the close of the SlIbmission of evidence. The decisioo 01 the arbitratot{sj shal! be evidenced by written, reasoned findings ollact ami conclusions Ii! l'llw. ~Il award by lhe arbitrator (or if more tban one, a majority of the arbitrators) shall be final and bindmg on all parties tnlhe prnceeding. Each party shall pay all 01 ils own arbitraliort costs and expenses. including atl~meys' fees. .Judgment on the award may be entered by either party in any cour1 of competent iurlwicti~1I or the hillhfJS\ local, stale or !ederal court or berare any administrative body. This agreement to arbitrale Oisp.u\es shall, wilt! resped to any Dispute, survive the terminatiort or expiralion of lhis Lease. Nollrint in this paragripl1 or ill tlli5 Lease 5hall be deemed to give the arbitrator(s) any authority, power or right to alter, change, amelld, modil)', add \0 or sublracltrom the provisions of Ihis lease, No class action arbitration may be ordered undel this ?rovision and thefe shan be rro joinder 01 parties, except for jOino'er of parties to this Lease. The paftiesagleelllatlhe1nnsaclions relating 10 this lease invo lve interstate cOf!lmefce and that Ihis agreement to arbitlOte stla" be subject 10 and governed by the Federal Arbitralion Atl, 9 U.S.C. Sections }.16, ai amended. BY SIGNING TH1SlEA~E, YOU ACKNO:NlEDGt lHA1 YOU HAVE READ THIS PARAGRAPH, YOU UNDERS1AND AND AGREE lHAt 'fj}U fiRE GIVING UP 1HE RIGHT TO SEEK REMEDIES IN COURT, INCLUDINrrTHE RIGHT TO A JLiRYtR1Al.,ANO THE RIGHl 10 filE A ClASS ACTION; YOUR ABILITY 10 COMPEL OTHER PARTIES TO PRODUCE DOCUMENTS OR TO" ""'!NED IS MORE UMl1\OJ~IRBI)RATI," THAN.IIlLOURT; AND. YOUR RIGHTS TO APPEM.ORO~AJIGE AN ARBllRA110N AWARD IN COURT ARE VERY liMITED. . ::>_11::1;:; 11 'f. dJl1A l 'G- Dealer Assignment and Guaranty. The undersigned dealer (hereinafter relerred (0 a~ .Ouler"I, fl'lrvalu:lble consJdera\ion, receipt 01 which is hereoy acknowledged, does hereby sell, assi~n alld tran$fef 10 Ihe Assignee idertlified on the other side 01 this Lease, its succe~sors and assij~Jhereinalter referred to a~ "AssigMe" al\ 01 Deaiel's righI, tille and interest in a~d to the within lease, all amounts due and to become due th~le\lmlef and the Vehicle described therein (hereinafter referred 10 as "lhe Vehicle".) To irtOuce Assignee to >lCCl!pt (his Assiiilmen\, OeaJer warrants: (ll That Ihe lease is genuine, valid and enforceable according to its terms and atc\llalelyrefletts Ihe lease fransaction described Iherein in all respects and is subjecflo oodden!.ts,set.ofIsol counlerclaims.12l Dealer has good lille 10 lhe Vehil:le,free..nd clearolallllerts and ellcumbral\l:es and Ihatno PlDhibition existsagainslthe making of this Agreement (J) lessee is competent, 18 yearsIJ1 age (lUlhl.el.~nd has. a mOlooiiticte driving record which Dealer has presented to Assignee and which is accelltable to ~~gllee. (4) Oealel has fully c~mpli.ed wit~ all applicable Fed~ral ~nd Stale laws and regulations and has ma.de. all disC\~SUles leq.f1ired by law prio, \tilt! crtT~~lli ol,!{1t~'I~~ral'lactt,n. (S)Ihe Vellicle ~l'SdeSCl\bed 11l Secti~n 2 and has. been dellvaed 10 and'acc~PfM b~ the LeSSef and IS In lessee s possessJOrt (Ii] io lht bes\'U.~ea\ef ~\'nowled'ge ana elIef, aU InformatIOn set forth in the lessee's awlication for entry llIt'J UllS ~USl! \T~.flsaGtiDR -IIi \rue and correcl m Dealer knows 01 no lacts ar circumstances which will impair Ihe validtty IJr value Q! tf~e luse. \8) 1he lessee has oblained the neceSsal)' insutance tomaR in accordance wtth \t\eluse Agm~me1J1 and l>ealer has delivered the reQuirro cer1ificate 10 Assignee. (9) OeaJer.haslleJiVl!red to- Assignee a copy ot!he manutacturer's inVOice and certificale 01 origirt artd, furthermore, Dealer agrm Ihat Dealer.....m return to Assignee a copy of Ihe completed vehicle registration forms aller their acceptance by the Stale 01 Penns~lv~nia pepartment ot Motor Vehicles, Dealer, as a duly franchised automobile deller, agrees to promptly perform all wmaf\\Y Wl}fll undel the manufacture,'s warranties, Dealer cpns~11h 10 any a~a(l extensions o! time .gf,ant1!d 10, wmpromises made with, and all releases of le~see aITo' an} ,mQdilica.(i.Dns thereot, without nolice \(lOI a1)jlroval D1 Dealer and wrthout in atr~ way Impamng Dealer's responSibility. Wthere Isa breach of any representation Of walianly I>>' Dealer lalls tollrnely perform any (ll its obligations under !he ln5e, [)ealer shall, ~\lon {eq\l~st 01 Assignee, purchase the lease and the Vehicle ror the lotal ol.\Jle r~maining Munlhly Lease Payments plus the.PUrchase Option Plite 0\ the Vehicl.e. The Assignment by ASiignee 10 Dealer shall tu:..wilhout reCOlJrse, rep(es~'!ta\ion I!r wamnl)' 01 any kind. The lransler of Ihe Vehicle by Assignee to Dealer shall be on an as.is, where. isbiSlS,wilnuu\lepresentatlOrt or warranty of any nlM,expressed or Implied. II Oc~iled, Slllililure' - - .-- Signer agrees that lhe assignment and al111alfan\\es, igleemenls and obligations contained irt the atoregoing Dealer Assignment and .Guara{\l~ are il1torpr,faled hel'em by refElrence. In additiQn, Sig,ner ullCOiidilionaUyguaranlees Ihe payririmt oran iums dUQ or to become dill! uf\de'r ~Id Agreement and the full perlormance of all Bu~e7s agreemenls cont:,ined fhe.reill,llerehY ctnsentmg \0 any e~lensinrt 01 lime fiy Bank, and waiving preselltmefltor peyment, proles~ and notice 01 PlOltS\, demand, and non payment hereol.ln the event or any delaylt or breacllunder said Agreement, Signer agrees to pay Bank, UJlO1l request, the unpaid balance provided fOI lherein, logelherwith all lawful Fharges due \hel~\lfldel, IMPORTANT NOTf: TO DEALER: .Original" (wllite copylof Dealer Ass(gnmen\ a.nd Gllml1\Y musl be signed betore Assignee can accept con!ract 8ANCONSU\I!RFA'lMUSSSBIlH'2(4/~9J pfNN~\1VUlI~ VERIFICATION The undersigned does hereby verify subject to the penalties of Pa. c.s, S 4904 relating to unsworn falsification to authorities, that he/she is the ~;O^/" 1'V6 Ot--,:'Jcc-{.... for the Plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the forgoing Complaint in Civil Action are true and correct to the best of his /her knowledge, information and belief. ;/:-{ .0/') 7 ,f) ;:;c;i': ff(Print) </;/;5 , (Date) MLG0003799VOOI ;:-) ....., c.:) C) ~ (:) c;; -" "<l. C"..l ..~ . '-1 lJt ~ ~_T ~_.' .ut C: N "-- 0..J - r'- S ~ L.u -r~ 8 Xl -, D ~ t..) "-- --u cY ~ -< :::'7 p.:: -.J "'< t: '--(""----- SHERIFF'S RETURN - REGULAR CASE NO: 2005-02464 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T LEASE LLC VS SEMIC STANLEY M RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEMIC STANLEY M the DEFENDANT , 2005 SHIREMANSTOWN, PA 17011 by handing to STANLEY SEMIC a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 9,62 ,00 10,00 ,00 37,62 _ d // ,r-'"'~-1"'~~ R, Thomas Kline OS/20/2005 BERNSTEIN ~, By: , Deputy Sheriff Sworn and Subscribed to before w me this .), 'r- of '1 A.D, /~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T LEASE, LLC, a subsidiary ofM & T BANK, successor by merger to ALLFIRST BANK, Plaintiff(s) No. 05-2464 vs. PRAECIPE FOR DEFAULT JUDGMENT STANLEY M, SEMIC, Defendant( s) FILED ON BEHALF OF Plaintiff( s) COUNSEL OF RECORD OF THIS PARTY: DEBORAH R. ERBSTEIN, ESQUIRE PA ID#86470 NICHOLAS D, KRAWEC, ESQUIRE PA ID #38527 CHRISTOPHER M, BOBACK, ESQUIRE PAID #91730 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. R0056053 NOTICE TIDS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MLG003923VOO 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T LEASE, LLC, a subsidiary of M & T BANK, successor by merger to ALLFIRST BANK, Plaintiff(s) No, 05-2464 vs. STANLEY M, SEMIC, Defendant( s) PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: Kindly enter Judgment against the defendant(s) above named and in favor of the Plaintiff, in the default of an Answer, in the amount of $5,440.09, plus continuing interest at the rate of 6,00% per annum on the declining balance computed as follows: Amount claimed in Complaint $4,700.42 $740.48 Interest from 4/28/2002 to 6/2112005 on $3,917,02 TOTAL $5,440,09 I hereby certifY that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C,P, 237.1 on the dates indicated on the Notices, r ,rbstem, Esquire ey for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 Bernstein File No. R0056053 Plaintiff: clo Bernstein Law Firm, P,C" Suite 2200 Gulf Tower, Pittsburgh, PA 15219 Defendant: 303 E, MAIN STREET CAMP HILL P A 17011 MLG003923VOOI VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa,C.S, g4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe " attache are not ac ve members of the Armed Forces of the United States or any other military or non- covered by the Servicemembers Civil Relief Act, as amended, December, 2003 ("SCRA"), The undersigned further states that if said party is engaged in military or non-military service, as defined within the SCRA, the undersigned is without receipt of or knowledge of an Application for Relief as required by the SCRA, The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others, MLG003923VOO 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T LEASE, LLC, a subsidiary ofM & T BANK, successor by merger to ALLFIRST BANK, Plaintiff vs. Civil Action No, 05-2464 STANLEY M, SEMIC, Defendant , IMPORTANT NOTICE TO: STANLEY M, SEMIC 303 E, MAIN STREET CAMP HILL PA 17011 Date of Notice: June 9,2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY AITORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAlMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, 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 H1RING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE: Lawyer Referral Sen'ice Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 t(Q)~)f Bernstein Law Finn, P.c. By: IslDeborah R, Erbstein. ESQuire Deborah R. Erbstein, Esquire Nicholas D, Krawec, Esquire Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. R0056053 "" ,.. ---.-, '\....'-./,/. (""-~;l ,". , 1 'd' \, I Ii . ' l~ ~ ~ OJ - lj"-- 3 - ~ R: ...-~ \, q ,.,"~ R --i,q. ~ ~ 0 C) w ~ --c: ~ l)'- ~ t- '-----'-.. .'.',"" n C ( " , ' C' ~~~ =2 "" c:=:> C~ C,f"1 <- ~ o ---n -4 :;r:., 111r':~ -r,rn ~~>< '-,.'-'T, ,~' '') ::.: ~ ~r;; -< ", CD ",. U) CJ ,0 Mr. Thomas Sever 2227 U,S.Highway1 Suite 124 North Brunswick, New Jersey 08902 By: Thomas Sever, Pro Se Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS SEVER V, NO, 05-2434 Mr, THOMAS DICKERT, GENERAL MANAGER PENN-HARRIS HOTEL (PENN LODGE PARTNERS, L.P.); MR. BJORN GULLEKSEN, COO, CARLSON HOSPITALITY CORPORATION; MR,LA WRENCE BRIDGE, BRIDGE PARTNERS, L.L.C, CIVIL ACTION - LAW Defendants MOTION REGARDING DISCOVERY PRACTICE: MOTIONS COURT APPEARANCE: AND VENUE PLAINTIFF MOTION(S) REGARDING DISCOVERY PRACTICE AND MOTIONS COURT APPEARANCE AND VENUE And Now Comes the Plaintiff, who provides the following motion(s) to this Honorable Court for the following accommodation and relief: 1) Handi-cap Accommodation with respect to Discovery Practice and Motions Court Appearances in this matter, citing the U,S, Disabilities Act of 1990 2) Accommodation for his child care responsibilities as it pertains to his Appearance for Discovery and/or Motions Court citing the U,S, No Child Left Behind Act. ,: Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE 3) A 'stay' of proceedings in this matter to afford this Pro Se Plaintiff time to become familiar with the Rules of Evidence and associated case law with respect to the implementation of those rules in Discovery Practice, 4) A 'change of venue' for the Conduct of Discovery or in the alternative a 'change of venue' of this matter to a different forum, 5) Protection for this Plaintiff by way of Injunction or any other manner which the Honorable Court believes will accomplish this Protection, from the Harm of Sanctions, sought by overly Aggressive Defense Counsel Posture which has arisen in this matter as it pertains to Discovery, and for 'co--ordination of Discovery' among the Defendants with respect to this Plaintiff, in the interest of judicial and financial economy and to ease the process of Discovery with respect to the Plaintiff's participation, 6) That all medical information and records provided by this Plaintiff to the Court and/or Defendants Counsel, and any/all documentation generated that in any way contains said medical information, or reference thereto, be subject to the protection of Court Seal and that this be made a "condition of Discovery Practice" in this matter! Page 2 of 21 Civil Action Law - Court of Common Pleas No, 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE: MOTIONS COURT APPEARANCE and VENUE BASIS FOR HANOI-CAP ACCOMMODATION This Plaintiff makes a request for a reasonable accommodation for his hand i-cap which is spinal in nature, and which is the reason this case exists in this Honorable Court, since a slip-and-faIl on the premises of the Oefendant(s) caused and/or worsened this medical condition, which would compromise his health status if accommodation were not afforded to him with regard to his participation in discovery and motions Court Appearances.. This Plaintiff is located a 3 1h hours one-way commute by vehicle from the location of the Court and the location of Defendant Counsel in this matter, This Plaintiff's health status would risk compromise if he were to sit in a vehicle for 7 hours round trip on the same day, and to stay over-night would adversely compromise his need to provide transportation for his child to/from school or risk the child not being able to get to school. Staying overnight in a hotel would also add a significant expense burden to his family budget., If the Honorable Court would require medical report documentation to substantiate the need for this Handi-cap Accommodation, this Plaintiff will be happy to accommodate the Court subject to the granting of a "Protective Page 3 of 21 Civil Action Law - Court of Common Pleas No, 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE Order" with regard to any and all personal medical documentation that: will be provided by this plaintiff to either the Court or Defendants' Counsel. That Protective Order would need to make the following provisions with respect to the handling and dissemination of this Personal Medical DocumentationlInformation consistent with V,S, National Privacy Laws: 1, That: this information would be restricted to be used only for the pUlposes of this case before the Court, 2, That this Information would be ordered to be kept under Seal of the Court and not be made a part of the 'public record' on this matter. 3, That 'any written matter' by whom and however generated will be kept under Court Seal and not a part of the public record, if it in any manner references this Plaintiff's medical status as described in any of these medical reports. 4, That at the conclusion of this case that Defendants Counsel will return to this Plaintiff any and all such medical records [and any copies of such records made by them] to this Plaintiff, certifying that they no longer possess any record of this Plaintiff's medical status that is or will become a subject of this Proceeding before this Page 4 of 21 Civil Action Law - Court of Common Pleas No, 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE Honorable Court, Note: Plaintiffl Counsel has already requested to be provided with copies of supporting medical documentation from this Plaintiff, so the need for this Protective Order is ripe and timely that it be made a 'condition of Discovery'! BACKGROUND OF CASE TO DATE Defendants 2 [Mr, Lawrence Bridge] and Defendant 3 [Mr, Bjorn Gulleksen, COO, Carlson Hospitality Corporation] have chosen a path of failing to respond to the Complaint served upon them by the Sheriff and/or his Deputy, This Plaintiff intends to serve each of them with a "Ten Day Notice of Default", a copy of which will be filed in this Honorable Court seeking that a judgement be entered against them for their failure to respond to the complaint, This Plaintiff intends to have this Default notice prepared by 9/26/05, This Plaintiff understands that Commonwealth Appeals Courts frown upon the issuing of Default Notices too soon with respect to the service of legal papers upon a party, as an apparent strategy to seek Default Judgments, These Defendants have now had ample time to respond if their intention was to do so and a Default Notice is Page 5 of 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE now appropriate and necessary to 'move' this case along, The Defendant Counsel [ for Defendant 1, Mr. Thomas Dickert! Radisson Penn-Harris Hotel] has by letter to Plaintiff of 8/22/2005 sought to schedule a deposition of this Plaintiff in his Harrisburg office on September 28,2005 at 10:00 a.m. The Defendant Counsel and this Plaintiff have communicated telephonically on 7/26/05 where this Plaintiff made Defendant Counsel aware that he would be unavailable due to planned vacation and personal family business from August 2, 2005 until September 8, 2005. The Defendant Counsel sent this 8/22/2005 letter knowing 'full well' that this Plaintiff would not be in a position to receive this correspondence until on or after 9/8/2005, and this Plaintiff did indeed get Defendant Counsels notice of deposition on 9/12/2005 and left a telephonic message on the voice mail of Defendant Counsel indicating his inability to attend said deposition in Harrisburg on 9/28/2005. This Pro Se Plaintiff left a second telephonic message with the secretary of Defendantl's Counsel on 9/20/2005, which he recorded making the seretary aware of that, indicating that he would not be available for a deposition on 9/28/05, The Defendant Counsel also in his 8/22/2005 letter to this Plaintiff, 'threatened' to apply to the Court for Page 6 of 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE: MOTIONS COURT APPEARANCE and VENUE sanctions if this Plaintiff did not appear at his 'unilaterally chosen' time for the deposition, This Plaintiff also seeks. within the framework of this motion paDer. JUDICIAL REll.IEF from the significantlv 'adversarial manner' and 'aggressive posture' in which Defendant! Counsel has chosen to conduct himself within the framework of his resprsentation of his client. This request for this particular Judicial Relief will be addressed in the last 2 parae:raphs of this motion. BASIS FOR CHILD CARE ACCOMMODATION Furthermore, even if this Plaintiff's health status were not in need of accommodation, he could still not begin his journey until after 5:00 pm , due to child care/transportation concerns, where he is the sole provider of transportation for his child to get to/from school both A.M and PM, The child has no one else to provide this transportation each day, and would have no way to get to/from school. This would necessitate that any deposition begin at 9;00 pm, given this Plaintiff's 3 t,-2 hour commute time one- way! The only other alternative to this is to conduct the deposition on a Sunday, with a commute starting at 2:00 pm to accommodate church service requirements earlier in the day, This would place the start of a Sunday deposition beginning at 5:30 pm. Page 7 of 21 Civil Action Law - Court of Common Pleas No, 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE: MOTIONS COURT APPEARANCE and VENUE This Plaintiff will note to this Honorable Court, that this Plaintiff has sought Judicial intervention with respect to the "Hazardous Walk Route" that his child would otherwise have to traverse to get to public school, but after more than 3 years this matter is still before an Administrative Law Tribunal which has yet to make a decision on this matter after more than 6 full days of hearing on the matter. This matter may also need to be re-filed and re-tried for his second child who is now exposed to the same hazardous walk route. If this occurs, this Plaintiff's time will likely be impacted and he may need to request additional relief from this Honorable Court if any of the Defendant(s) Counsel conduct themselvE's in an adversarial manner which precludes effective businesslike communication and/or accommodation with them!! BASIS FOR STAY OF PROCEEDINGS This Plaintiff being Pro Se would be significantly compromised and be at risk of not being able to effectively and appropriately object to questioning or lines of questioning by Defendants' Counsel without a working knowledge of the Rules of Evidence and the associated case law that has been developed with regard to the Judicial Implementation of those rules. Page 8 of 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIO!\S COURT APPEARANCE and VENUE This would place this Plaintiff's Due Process Rights at risk if he were to be forced to attend any deposition fundamentally unprepared and/or without the protection of Counsel! Therefore this Plaintiff requests a stay of 180 days to afford this Plaintiff the time to study these rules and case law and/or secure Counsel within that time to represent him in this matter. If this Plaintiff is successful in retaining Counsel within the requested stay time, then the stay would be discontinued and the case would move forward with new Plaintiff Counsel in place. If this Plaintiff is not successful in retaining Counsel then he would continue Pro Se at the end of the time period of the stay, This stay would not prejudice any of the Defendants and allow a more finn Plaintiff posture with respect to Due Process if acting Pro Se. Page 9 of 21 Civil Action Law - Court of Common Pleas No, 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE: MOTIONS COURT APPEARANCE and VENUE BASIS FOR INJUNCTIVE RELIEF SOUGHT On 7/26/05 this Plaintiff had a telephonic conversation with Defendantl Counsel, where he attempted to work out the details of a deposition appearance requested by Defendantl Counsel. During that conversation, Plaintiff indicated that he could not set dat,es 'firm' until after his children returned to school on September 8, 2005 to assess their need for his presence for matters surrounding school and school related activities. During that conversation, Plaintiff also indicated to Defendant1 Counsel that he would be unavailable from August 2 thru September 8 due to both planned vacation and personal family needslbusiness. During that conversation Defendantl Counsel became inflamed and upset 'several times' when he could not gather' new dates' for a deposition from this Plaintiff, even if they had to be changed later. This Plaintiff indicated that he desired to set firm dates to which he could commit and needed time to assess other schedules, esp, Children's school schedules before he could reasonably do so!!! Page 10 of 21 Civil Action Law - Court of Common Pleas No, 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE Then on September 12 ,2005, when this Plaintiff had returned to check his mail, he discovered the letter from Defendant! Counsel dated August 22, 2005 [right in the middle of his vacation OF WHICH DEFENDANT1 COUNSEL WAS AWARE], The last 5 lines of that 8/22/05 Defendant! Counsel letter contained the following averments and this Plaintiff hereby quotes the content of that letter: "I was not enthused about postponing your deposition without having new dates" "It has now been over three weeks [note: the middle of my vacation] since we spoke and you have yet to furnish me with new dates," "Your refusal to give me dates for the deposition leaves me no alternative but to select those dates unilaterally" " I can PROMISE YOU that if you fail to show for your deposition on the date and time scheduled, I will apply to the Court for Sanctions" " Since you had the time to prepare a reply to the New Matter, you OBVIOUSLY had the time to advise me of the dates that you were available for this deposition." Page 11 of 21 Civil Action Law - Court of Common Pleas No, 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE This Plaintiff now makes the following argument to this Honorable Court: The 'new matter' to which Defendant! Counsel refers was presented by them long before the 7/26/05 conversation ensued about 'deposition dates', and this Plaintiff did indeed state during that 7/26/05 conversation that he would have the new matter answers completed and submitted to the court before his scheduled vacation, There is NO WAY that Defendant! Counsel could have or should have linked that effort, of new matter answer, with respect to the provision of any new dates, which could not firmly be provided till after the children started school and it was determined what neighbor assistance, if any, could or would be forthcoming to assist in the school transportation of the children, The Defendant! Counsel words like "Your refusal", "leaves me no alternative", "select those dates unilaterally", "I can promise you that if you fail to show", "I will apply to the Court for Sanctions", "You OBVIOUSLY had the time", vividly demonstrates a posture that is clearly 'aggressive in nature', designed to aggravate and inflame anyone receiving that type of communication, and risks placing any perceived business- like relationship that should exist once adversarial parties have brought their grievances to a Court of Law, to be otherwise under-mined and made impossible, Page 12 of 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE This Pro Se plaintiff was appalled at seeing this type of letter content written by a legal professional who by experience would be expected to possess a high degree of professionalism. Therefore with now a posture of 'completely adversarial' and 'significantly aggressive' with respect to Defenant! Counsel, which risks placing at risk, via 'sanction application', the financial posture of this Pro Se Plaintiff's limited family resources and his legal posture in this matter before the Court, this Pro Se Plaintiff applies and motions this Honorable Court for Injunctive Relief from the apparent abuse of an officer of the Court! Injunctive relief is also sought, in the interest of both judicial and financial economy, to have any/all discovery co-ordinated with respect to all three Defendants, once Defendant2 and Defendant3 have entered their appearance and answered the Complaint. On 7/26/05 Defendant! Counsel telephonically averred to this Plaintiff that he wanted all Discovery done by the end of September and have a trial scheduled for October, 2005! He maintained this posture even after this Plaintiff indicated that the case is not 'ripe' to be set for trial since 2 of the 3 Defendants have not yet answered the Complaint. Defendant2 and Defendant3 will surely wish to conduct their own discovery in this matter, including possibly the Page 13 of 21 Civil Action Law - Court of Common Pleas No, 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE deposition of this Plaintiff, and it 'makes sense' to have this Plaintiff deposed 'once' for all three Defendants so as not to pose a significant burden of time/travel to repeatedly be made to appear for depositions. Defendant! Counsel during the 7/26/05 telephonic conference with this Plaintiff appeared unwilling to agree to this co-ordination effort or to wait for the presence of the other Defend;mt parties in this matter. Therefore it is appropriate, ripe, and necessary that such Injunctive Relief for "Discovery Co-ordination" be sought thru the ruling of this Honorable Court, in addition to Injunctive Relief from the abusive and inappropriate usage of Sanction applications by overly-aggressive Defendant! Counsel! THE RELIEF SOUGHT This Plaintiff requests the following accommodation(s) to Discovery Practice, Motions Court Appearance, Venue and Evidence Submission to achieve accommodation for his hllndi-cap, his child care needs, and his Due Process protections: 1. Taking advantage of advances in communications technology, allowing the discovery to be done via the Internet with Internet Video Conferencing Technology, Page 14 of 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland. Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE Alternatively, if any of Defendants Counsel could not secure access to this capability, to allow the deposition to be taken Telephonically by having the Plaintiff appear at his location to a person who can administer an Oath to him, to the satisfaction of this Honorable Court. Defendant Counsel '~ould then ask deposition questions and achieve the spontananeous response that a deposition affords Counsel taking said deposition 2. Allowing any motions Court appearances by this Plaintiff to be done telephonically, for both an accommodation to his Handi-cap and also as an accommodation for his child care requirements. If Relief items 1 and 2 are not granted, then Relief is Sought in Item 3: 3. Limiting Discovery Practice to "Interrogatories only" with the abiliity of both parties to send an additional set of Interrogatories to obtain clarification on any matters after receiving the 1" set of responses. The only thing that this method of discovery will not afford Counsel is the spontaneous interaction with a person who would otherwise be deposed. This Plaintiff is agreeable to limiting himself to this method of discovery from the Defendant(s) . Page 15 of 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland. Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE: MOTIONS COURT APPEARANCE and VENUE Since 2 of the 3 Defendants have not yet responded to the Complaint, this Plaintiff would suggest to this Honorable Court, that it afford the opportunity for the other 2 Defendants to enter their appearance before making a ruling on this Plaintiff's Requests for 'Discovery Accommodation'! If Relief items 1,2, and/or 3 are not granted, then Relief is sought in Items 4 and 5: 4. To limit the days and times of Discovery of this Plaintiff by Defendant(s) Counsel to Sundays from 5:30 pm till 8:00 pm, with accommodation for last minute cancellation due to inclement weather / adverse roadway conditions if scheduled during the winter months. 5. To allow that any depositions take place in a location approximately 'equi-distant' between the Plaintiff and Defense Counsel, with a suggestion of Allentown, Pennsylvania as a location that would tend to achieve this purpose. If ReI ief 4 and 5 are not Granted, then Relief in Item 6 is sought: 6. TO change the Venue of this matter to another Pennsylvania Court that would be less burdensome for this Page 16 of 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland. Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE: MOTIONS COURT APPEARANCE and VENUE Pro Se Handi-capped Plaintiff to access. This Plaintiff humbly suggests that Allentown, Pennsylvania or New HopeNardley, Pennsylvania would be potential candidates. The Defendant(s) are all associated with a major hotel chain which has significant national presence in the United States and significant presence within the State of Pennsylvania. The only thing that binds this matter to a Court in Carlisle, Pennsylvania is that the slip-fall happened at one their hotel buildings within the County of Cumberland. Certainly it will be possible to obtain an un-biased objective jury in eith'~r Allentown or YardleylNew Hope. The case il'young enough' that if current defense Counsel for Defendarltl had to be replaced with Counsel closer to the cite of the new venue, nothing of significance with respect to their defense posture would be at risk. Further, Defendant2 and Defendant3 have not yet entered their response or appearance in this matter so their defense posture would not be compromised in any manner whatsoever. Finally"Time to Prep", "Injunctive Relief" and "Protection of Personal Medical Records/Information" IS Page 17 of 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland. PennsylvanilO PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE additionally sought in items 7, 8, and 9 below: 7. TO obtain time sufficient for this Pro Se Plaintiff to develop a 'working knowledge' of the Rules of Evidence and associated case law so that he can effectively participate in a deposition without the adverse risk to his Due Process rights. This Pro Se Plaintiff humbly begs that this Honorable Court will grant 180 days for this purpose. This will not in any way compromise any Defendant in this matter with respect to their defensive posture in this matter! 8. TO afford relief to this Plaintiff, by way of Injunction or other means within the Courts discretion, to: a. not be exposed to the continued 'threat' of sanction by otherwise oVE~rIy-aggressive legal counsel which have or may be retained by any of the Defendant(s), if this Plaintiff needs to seek a last minute re-schedule of his deposition or other matters related to this case, for reasons including but not limited to: aggravated spinal symptoms precluding travel; weather forecasted conditions indicating hazardous travel; or the last minute need of parental presence for his children. b. be granted the ability to have 'co-ordination of Discovery' with respe~t to all 3 Defendants in the interests of Page 18 of 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland. Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE judicial and financial economy for both the Plaintiff and the Court 9. TO order that all of Plaintiff's medical records and any documentation generated that in any way disseminates such information be placed under the protection of COUl1t Seal, with provisions outlined already in paragraphs above. Date: ~) ~ 'dvD5 Plaintiff: J~ II Thomas Sever /'9 ~- Page 190f 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland, Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE VERIFICATION I, Thomas Sever, Plaintiff Pro Se, hereby state that the averments contained within this motion paper, have been reviewed by me and I hereby verify that I have sufficient information and belief to state that these averments are true and correct. This Verification is being made with full knowledge that false statements contained herein can give rise to criminal charges under Pa. 18 C.S. &4904, relating to unsworn falsification to authorities. Date: (11 ~ ~ )19/ ~- Page 20 of 21 Civil Action Law - Court of Common Pleas No. 05-2434 County of Cumberland. Pennsylvania PLAINTIFF MOTION regarding DISCOVERY PRACTICE; MOTIONS COURT APPEARANCE and VENUE CERTIFICATE OF SERVICE I, Thomas Sever, Plaintiff Pro Se, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail,first-c1ass postage prepaid, as follows: Mr. J efrey B. Rettig Hartman. Osborne & Rettig. P.c. 126-128 Walnut St. Harrisburg, PA 17101 (Attorneys for Mr. Tom Dickert and HMC Hospitality Management d/b/a Radisson Penn Harris Hotel) Mr. Lawrence Bridge Bridge Partners. L.. L. C. 120 Timothy Road Gibsonia. Pennsylvania 15044 - (General Partner of Penn Lodge Partners. L.P.) Mr. Bjorn Gulleksen, Chief Operating Officer Carlson Hospitality Corporation Radisson Corporate Headquarters Carlson Parkwa.y Campus Box 59159 Mineapolis, Minesota 55459 /l9-/ ~ {Parent Company and Franchise Grantor of the Radisson Penn- "',,"Ho." ~ Thoma.~ Sever. Plaintiff Pro Se 7 U.. ighway One. Suite 124 Nort B ick, New Jersey 08902 Date: 'J-( ~~ (') ~, 0 ~ , ."- .r:::;' -n c.'" (.:J ~ :!l c;-') n1 -i ,.... I .~:j -.J , (-) .' -\:J ~l; f;} ~.-- "-c .-<- ~) :<