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HomeMy WebLinkAbout05-3027 COMMONWEALTH OF PENNSYL.\/ANIA (l; ~(f) 7 COUNTY OF: ctlKBl:JlL.Il.W 09-3-04 NOTICE OF JUDGMENTfTRANSCRIPT CIVil CASE NAME and ADDRESS TRAR'SPOllT, LLC -, Mag. Oisl. No.: PLAINTIFF: TB 6. B T01f:J:BG 6. P.O. BOX 1698 I:LDDSBO'llG, MIl L 21784 MDJ Name: Hon. TROMAS A. PLACET Add.,,, 104 S SPOllTXBG RXLL llD MBCRARXCSBO'llG, PA -l 17050 DEFENDANT: NAME and ADDRESS fE. C. GAXDS, I:T AL. 2 APPOMATTOX COO'llT MBCRARXCSBO'llG, PA 17050 L VS. . T,''''oo''. (717) 761-8230 -, B 6. I: T01f:J:BG 6. TliUUfSPOllT, LLC P.O. BOX 1698 I:LDDSBOllG, lID 21784 Docket No.: CV-0000127 -05 Date Filed: 3/14/05 -l 1& """, ~., ," THIS IS TO NOTIFY YOU THAT: ""."". Judgment: xl_ [i] Judgment was entered for: . nR"a.~~,. ,,'1nN~1l~,_, PL'nf , ~,. (Name) 'A... R 'I'nwTwa ... 'I'lu.WRPnV'I' T.T.l' [i] Judgment was entered against: (Name) 'R c all.T_A in the amount of $ 2.207 00 on: (Date of Judgment) 4/14/05 D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.C.S. 9 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2.075.00 Judgment Costs $ . 132.00 Interest on Judgment $ .00 Attomey Fees $ .00 Total $ 2.207.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHTTO~PPEAL WITHIN30pA YS 1FTERTHEli,NTRY OF JUpGMENT BY,FI!:!NG A N.oTICE OF APPEAL WITH THE PROTHONOfAIlV1CLERK OFTRE COURT OFCOMMOll I'tEJlS;CIVlL D1VISIOfiIfVOU..' . MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAYBE 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 COMPUES WITH THE JUDGMENT. 4\\4\ bG Date M<).gisterial District Judge t4 oceedings containing the judgment. . ~ , Magisterial District Judge My commission expires first Monday of January. 2010 . SEAL AOPC 315-05 DATI: PllXRTBD: 4/14/05 2:57:56 PM Q ~" ",,- vlT: IT'1;r-' .-..,. '-I ~".,. .,', "7'! ~~~", ~E::, :Pc: z ::;! ~-, ~ "'" = = c.n '- c:: % W ~ -<1 ~::u ~~ ~=H 0- z~ 8 :> ~ ;r:>o :x '? UI ex> ~::f(,~.j ! , NOTICE OF JUDGMENTlTRANSCRIPT PLAINTIFF: CIVIL CAN~~"dADDAESS Is &: B TOWIKG &: TRARSPORT, LLC -, P.O. BOX 1698 BLDBRSBORG, NO 21784 L ~ COMMONWEALTH OF PENNSYLVANIA ~COUNTY OF: ctJIIB~1.~ N { .) Mag. Disl. No.: 09-3-04 MDJ Name: Hon THOMAS A. PLACBY Add,." 104 S SPORT:IJIG H:ILL lID MBCJIAR:ICSBORG, PA VS. ...... Te'.phone (71 '1) 76 i- 82 3 0 17050 DEFENDANT: NAME and ADDRESS Ii:. c. GUBBS, BT AL. 2 APPOMATTOX .COORT MBCBAR:ICSBURG, PA 17050 ~. B &: B TOWIKG &: TRARSPORT, LLC P.O. BOX 1698 BLDBRSBORG, NO 21784 L Docket No.: CV-0000127 - 05 Date Filed: 3/14/05 ~ THIS IS TO NOTIFY YOU THAT: . .._._-,..,Judgmem:-4". , ~ Judgment was entereti for: .:..., D.KII'Il."tT ................ Pl:.'1'1I' 'R So. 'If 'l'l\VTW12. So. 'I"D".A'Pn'R'I' T.T."" (Name) ~ Judgment was entered against: (Name) .Tn1llRR, lI.nnJlJ. -, ~ . ./1./0" . in the amount of $ (Date of Judgment) 2 207 00 on: o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) o This case dismissed withOut prej~dice. Amount of Jl\9,gment JudgmflntBosts '!)terest on Judgment Attomey Fees ,/ Total O Amount of Judgment SUbject to. Altachment/42 Pa.C.S. ~127 $; o Portion of Judgment forphysicpI damages arising out of residential lease $ Post Judgment Credits Post JudgmenlCosts Certified Judgment Total $ $ 2.075.00 $ 132.00 $ ~OO $ .00 $ 2.207.00 $ $ , I ==~::;;.::d:====.:::'= A., NY P~R... TV. HA. ,S THE R..IGHTTO.."if'.... PPEAL'Y. ITHI~30... iDAys1FTE~ T':I./f.., ~.. N. .' !RY ()f JH. .DG~~. WBV".fJ~I.NGA NpT.ICE. . .. .'.op.A:ppeA:tWITItTHe'PRI)THON(fTjI;R~K'O'F'mE'~F't:rlliI"rm:E1iS~1VlI:i D1V~1!lfl.. ylltJ'.......'..--...---. MUST INpLUDE:4. COpy o~ THIS NOTICE OFJUDGMENTffRANSCRIPT FORM WITH YOUR NOTICE of APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAYBE 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. ~\\4 \llS Date Magi~te~ial District Judge , C~~f~~h\~iS is a true a d correct copy of the record of the p oceedings containing the judgment. <:\ . Date . Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315.05 DATB PR:IlIITBD: 4/14/05 2:58:16 PH (") ,,;; <;., -uCb 0; ~'~"; ~ic ~.. ~.E.~ >c ~ ~ ~ "" CJ"O C- c:::: :x: ~ ~:JJ "hi :09 00 .....='" ::c " 00 2m ~ Si -< w ;po :It C? (J'I co COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CtJKBBllLAJID , i NOTICE OF JUDGMENTfTRANSCRIPT CIVIL CASE NAME af1d ADDRESS TRAlIISPOIl.T, LLC -, 09-3-04 PLAINTIFF: fj &: B TOWJ:lIlG &: P.O. BOX 1698 BLDBIl.SBURG, MIl L 21784 Mag. Dist. No.: MDJ Name: Hon THOMAS A. PLACBY Add.." 104 S SPOIl.TI:RG HI:LL RD IIBCllAJII'I:CSBURG, PA -.J VS. T,I'phoo. (717) 761-8230 17050 DEFENDANT: NAME and ADDRESS rj:. C. GAI:DS, BT AL. 2 APPOKATTOX COURT IIBCllAJII'I:CSBURG, PA 17050 L -, ..... B &: B TOWIRG &: TRAlIISPOIl.T, LLC P.O. BOX 1698 BLDBIlSBtJll.G, MIl 21784 Docket No.: CV-0000127-05 Date Filed: 3/14/05 -.J . ~;' THIS IS TO NOTIFY YOU THAT: Judgment: DI!:l!'Atn,T JtJDt:!InnI"I' PLTl!' [i] [i] Judgment was entered for: (Name) 'R. &. 11: 'l'nwT1I'r.! &. 'rlU~..J:I:'Dn'D'I' T.T.I' Judgment was entered against: (Name) JOIIKS, RTJOR .._~.........~ -:) r i , D D D in the amount of $ 2 2n'7 nn Defendants are jOin~d se~y hable. ..' '" I-~ .... ,~t.-'-' , Damages will be as~~~d on",.:' J ".-" ,..' _..~..' ......-: ,."" - /.. . This case dismissed wtttr6Ut pre7udice. on: (Date of Judgment) 4/14/O!i -;\" (Date & Time) --- -~ /-", . "--? D Amount of Judgment-&lPject to,. Altachment/42 Pa.C.S. ~127 $;' O Portion of Judgment fOt"'PhYSiGa.;" damages arising out ofresid~1 iease $ " --"\ Amount of Judgment $ 2.07-5..00 Judgment Costs $ 13~ro.O Interest on Judgment $ / .00 Attomey Fees $ .])0 Total $ 2,207.00 Post Judgment Credits $ ,':-"1 Post Judgment Costs $ ~ .J ============= Certified Judgment Total $ .., . - 7 / ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYfCtERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE QnJUDGMENTrrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN TM RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER 1liE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE 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. L\ \ \Lt- \ tt; Date I I Magisterial District Judge I certify that this is a true a d co 4 \ \1\ \ bS Date eedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-05 DATB PIl.I:JlITBD: 4/14/05 2:58:33 PM S -:3f (\ ~ "":-" ~ ~ ~ " /"1 ,-r-- ~ fJ ~ .~ - ~ ~ ~ ~ ~ o c::: S~ -oo:~_ rP.r"'-' -"......, ~5j tJ_~,. -". , r:: c' !~:' :PC ~ ~ ~ ~ ~ ~:n ~ -o~ ~ 78 ~""" ::P" 0"'" :::J: :O-o?m '9 ~ ()1 'i c:l - -- ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAN'O COUNTY, PENNSYLVANIA CIVIL OIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Bc:fE IOWI~ d-'rQw1fO",T ttt.C vs. Fe G-A-I,v~S AtJJvc. J'OVlt j flfI..Jfvt .J'o"'~,} TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of ell.... ~.r (h .... ~ County, for debt, interest and costs, upon the following described property of the defendant(s) Lt.",! alA h"uJ~k<J(J. 0"''''''' ~ 0-4vJOVl...1 iJl/()~'f''''l'' COMd"'lA.f/ _ - I J /' E: tr-' J'"f" '" +- r PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s} for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s} in the possession, custody or control of the said garnishee(s}. o (Indicate) Index this writ against the garnishee(s} as a lis pendens against real estate of the defendant(s} described in the attached exhibit. Date Signature: Print Name: Address: ~_ _ _€:/L.-L , f3 vve~ E: lie- \ lA e..1 J'l' 4rt:>D il'> ..,J_ L!>'t.(;~ tf 01 SyhN.(lf. ,.,rot znJXr Attorney for: Telephone: Supreme Court ID No.: tllO -9R~-cJ" Y6JY (over) . . Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. (") '" p """ 0 c = ." en ~ -r..1 t-'_~, <- ~ <P f])r :' c:: ,J:., ;;;.:: m:!J $ -- -Og (f' 8~ ~ .....: W 0'\ ~~~ <- """ ",-,. :7 C~:' ".0.':0 ,.::::-, ' 2 ~o :1~~:.~ Om --I ...:-. -,,; -........ ;p :;:I S:J ~' 0 -< d' J ~ &;- \ WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYL VANTA) COUNTY OF CUMBERLAND) NO 05-3027 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due B & E TOWING & TRANSPORT LLC Plaintiff(s) From E C GAINES, AUDRA JONES & HUGH JONE, 2 APPOMATTOX COURT, MECHANICSBURG PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON HOUSEHOLD GOODS, PERSONAL PROPERTY AND COMPANY EQillPMENT . (2) You are also directed to attach the property of the defendanl(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or othenvise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlh"r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,207,00 L.L. Interest Ally'S Comm % Due Prothy $1.00 Ally Paid Other Costs Plaintiff Paid $34.25 Date: JUNE 13, 2005 (Seal) CURTIS R. LONG proth~n 1 By: .(d- Deputy REQUESTING PARTY: Name BRUCE E. HAINES, SR, Address: 4500 LONDON BRIDGE ROAD LONDON BRIDGE ROAD, SYKESVILLE MD 21784 Attorney for: Telephone: (410) 984-8468 Supreme Court ID No. ~..,. ~ J Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, . _ ___, Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ Advance Costs: Sheriff's Costs: 150.00 135.72 $ 14.28 18.00 44.14 1.00 11.84 40.00 20.00 Refunded to Atty on 06/30/05 .74 135.72 Sworn and Subscribed to before me This 61[; day Of0..1~ 2005A.D.~. Q ~,~. thonotary D}'~~# ~~~i R. Thomas Kline, Sheriff CJ~/O-J ~kdlf By Claudia A. Brewbaker c: ..., ~ ~ -.l bl :( d (I Nflf ~OOI V1~M3tikU~1~1'Xo \~5m~J (fJJ t It: ft '7'. " 'I < -" ,_ 1-, /.: " ,15" cJe. !:>'CJ 117 UlL.. /1,6'NQ __..._.jJ-:-L._..7i!~vq}-"'::~e{~'y'C~C In the Court of Common Pleas of Cumberland County, Pennsylvania ------------------~-------------------~~f~P-------- w , - C /' /' judgment in favor of Plaintiff on __n_n_~L2:_Q_~__ ....___i'=':<".I.....--__!.!:dt#/;?L_.__.__..________.__ 'J -:) () 1. brJ / / ____..~_"_'_____~__________.___ for .- .___.cU.'Jh__-!fl_0_l;..Lh_'_ .----- .---15,-0----.-- "( c.. fl ~,T No. ~2:__.}{) ~ ___.._iy_,~J.__ Term, 19______ ..__.k_clY.t~.__;jQ_oIte). ------- ________m______ C:>'/ 3 ..r "'(0) Entered __________________________________ ~-~--- .~;~~~~~~~~_:~__~~__;~~_~~-~;---------~~------------ PIainwl $-------- in the abo....e Judgment, do appear and acknowledge tha.t ~ ~/.I ~ this day have had and received and ! rom . __ _ _ _. __ _. ~ (; _ _ _~dc'A.t'e.L _/ _ E_ 1". __ _Af:.~ _ _ __. _ _ _ - _ -. h -. -- - - -- - - - - -- - - - - - - - - -- - - - - - - - - --.- the de~endant in the abo\-e Judgment, full payment and .~aisfaction of tbe so.r:te, wi.th interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further,.:;:t: do hereby authorize and empower __~_____t___~~____n_n__u___n. ___________._____.__ theProthonotary of said Court, to appear _.f>.:_'tt.__~1Q~{~_~__!._~~ and in OW' name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as VJ..e... could were ~ personally present in person to do so, And for so doing this shall be your sufficient warrant of authority. In testimoD)" whereof,~:::t have hereunto set our hands and seals this ----!-~~--------------------------,- day of __~~'f:.---------------------------.-----, A.D.J:1'..i1J2??'S' ~A'r--a-:.-~----------------- (Seal) __.___________________________________________ (Seal) State of Pennsylvania County of Cumberland, } (Seal] Personally appeared before me, the subscriber, ------------------------------------------------------------- ----------------------------------------------------------------------.------------------------------------ ----------------.--------------.-----.--------..-----~~-~~-_._--~------------------------_._- __c:3_<!_l;,,_]O_~i':!'J_~II!"I(lJIf&LLLk.'-------.:::.-' - ~------ the Plaintiff in the above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg~ ment set forth, to be act and deed, and desired that the Sa.Il1C shall be filed of record in the office of the Prothon- otary of the Court of Common Pleas of said County_ In testimony whereof, I have hereunto set my hand and seal this ~-_Q..::--__~~ _ --__________ day of -~--.~.7-_eAROl.YN"A~l'OOMr-um- "/f...riE?qy.) '"" N~:~:~~,~, S;:A:~,O: ~~~~ ]J11&ir--{L--~---------uu (Seal) ~ t: .. " % c ~ ~ ~ " " .. .. <2- \ 1a ~ ~ ~ .. ~ ~ ~ <2- \ % ~. j. , , , , , , , , , , , , , , , , , , , , , , , , , , , , 'Z. \ ? \ ~~ o trJ~ ll> :;:-. 0 ~ ~ :.~ ~ 0 1 ~ ~ ~ \ ~ ~ ~ ~ ';D , , , , Q ~.~ "1;~' \l \~~,~-\ :[Jc{:., f~C' )?.c, -:?-; t...:~ "t-..,.c.. '~ :2 q, ~e -0\3 ~J.?, l.. (-:,..\S-, .......--: - ,. -" '(} <: ~ :'01 .-' .~ :.. ~ ~ ~ '" ~ ~ .- ....J ~ ~1<\N.$.o,~~ry ~ .. a a -.J ..... = ..... 'io , U I if ( r . - .. a .... - ... a - = r D" - .. U1 .... D" a a U1 = "" .... " , 'fJ I ! ! , l' _..-.-..IM. 0"''' ~O)io 0...,< ~i o ." .~ ~ ~ j; ~ :D oQ (Jl ~ 13> I'f ii, .-/ ".":" " '. III ., \ :,.,,/:/ ",.1 . ,n"-,' ~ :'.~'~;' // ,,/' ,''1 .>.. "," <1 .. .;:;:.1:. /,' /) % .. HI'" 'I ~ p''':'':~ -I'j '. ~.~S: JJ hi, .'5. ! '..'.,:,- :< . ~ I >: ~:- i /' . j J. ) > ,~ ,1'/' " -c '. ~'> , ' o ~ rn .< />>' ; '......"'::.: ~//~... ':<-... . // " . )":~0~-.;J . ,:..../,/// ." ......>>''''',.,:-...;:~' <I ,~,</..../z// ,l ,', .......... ",,,"' /, >";.:):> ">~ ':-'1 >,-"" "'0. (-\ /,/", ,,-,' "",, <.,' ./ /...< /! .' ,~""""~"'- ~.,"" ,', /,/.,://' ,'''': " . '. '. " ." /.. ,'>~.'>'~ ". "- <.,/"'........'"" :.,,><,,-\:' ///,'/ '. i " >" ',' ~:-'i , / . ....;,: " w-': ;-! ..,. '. '<Xl" . ! >Co\)~ ,'~ a: >, ~ ~ ~ '~; , ..~ . ,. i . B & E Towing & Transport 4500 London Bridge Road Sykesville, Md. 21784 410-549-2720 June 29, 2005 File # 05-3027 - P ".w~b:-p {Jf<0 B & E Towing & Transport vs. E. C. Jaines To Whom It May Concern, E. C. Gaines paid the full amount to which they owed B& E Towing & Transport. Per your office I needed to request a Power of Attorney Form. I already spoke to Claudia in the sheriff department. Could you please send the form to the address listed above. Thank you for your help in this matter. B& E Towing & Transport ~+'~ Carolyn Haines r~r~~~~~~ ~ a..-t-l qwt p..... p~ ~~ ~ ;Q-rw Jw ~ ~ ~ R.J?"(5' ,~(l ~,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants CIVIL DIVISION CASE NUMBER: 04-3027 ISSUE NUMBER: PLEADING: Response of Defendant, Compass International, Inc. to Plaintiffs Motion to Compel Discovery CODE AND CLASSIFICATION: FILED ON BEHALF OF: Compass International, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 CIPRIANI & WERNER, P.C. 1011 Mumma Road Lemoyne, P A 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INe., Defendants ) CASE NO: 04-3027 ) ) ) ) ) ) ) ) ) ) ) JURY TRIAL DEMANDED RESPONSE OF DEFENDANT. COMPASS INTERNATIONAL. INC.. TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND NOW, comes, Compass International, Inc., hereinafter referred to as "Compass," by and through its counsel, Cipriani & Werner, P.C., and files the following Response to Plaintiffs Motion to Compel Discovery, and in support thereof states the following: 1. Admitted. 2. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 2 of Plaintiffs Motion to Compel state conclusions of law to which no answer is required. To the extent that a further answer is required, Plaintiff s interpretation of Pa.R.C.P. 4006(a)(2) is specifically denied. 3. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 3 of Plaintiffs Motion to Compel state conclusions of law to which no answer is required. To the extent that a further answer is required, Plaintiffs interpretation of Pa.R.C.P. 4009. 12(a) is specifically denied. 4. Admitted in part and denied in part. It is admitted that Compass did not provide responses to Plaintiffs Second Set of Interrogatories and Second Set of Request for Production of Documents on or before April 11 ,2005. It is specifically denied that Compass did not provide full, complete and adequate responses to Plaintiff's Second Set ofInterrogatories and Second Set of Request for Production of Documents, to the contrary, Compass did provide full complete and adequate responses to Plaintiff s Second Set of Interrogatori(~s and Second Set of Request for Production of Documents on or about May 4, 2005. A true and correct copy of Compass' Response to Plaintiff s Second Set of Interrogatories and Second Set of Request for Production of Documents is attached hereto as Exhibit "A" and Exhibit "B," respectively. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that Compass provided full, complete and adequate responses to Plaintiffs Second Set of Interrogatories and Second Set of Request for Production of Documents on or about May 4, 2005. It is specifically denied that Compass objected to any of the requests in Plaintiffs Second Set ofInterrogatories and Second Set of Request for Production of Documents. To the contrary, Compass provided full, complete and adequate responses. 7. Admitted in part and denied in part. It is admitted that cOWlsel for Plaintiff forwarded a letter dated May 13, 2005 to counsel for Compass. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 7 of Plaintiffs Motion to Compel state conclusions of law to which no answer is required. By way of further answer, it is specifically denied that Compass provided anything other than full, complete and adequate responses to Plaintiff s Second Set of Interrogatories and Second Set of Request for Production of Documents. By way of further answer, by letter dated May 13, 2005, counsel for Compass forwarded a copy of the tapping screw section ofthe IFI handbook, which had been just received by counsel, in furtherance of supplementing Compass' response to Plaintiff s discovery requests. A true and correct copy of Compass' cOWlsel's May 13, 2005 letter is attached hereto as Exhibit "C." 8. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 8 of Plaintiffs Motion to Compel state conclusions of law to which no answer is required. By way of further answer, it is specifically denied that Compass provided anything other that full, complete and adequate responst:s to Plaintiff s Second Set of Interrogatories and Second Set of Request for Production of Documents. By way of further answer, despite having supplemented its responses by letter dated May 13, 2005, for the benefit of counsel for Plaintiff, Compass has prepared a proposed formal Supplemental Response to Interrogatories 9 and 11, which will be served once verification has been received. A true and correct copy of Compass' proposed formal Supplemental Response to Interrogatories 9 and 11 is attached hereto as Exhibit "D." 9. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 9 of Plaintiffs Motion to Compel state conclusions of law to which no answer is required. By way of further answer, it is specifically denied that Compass provided anything other that full, complete and adequate responst:s to Plaintiffs Second Set of Interrogatories and Second Set of Request for Production of Documents. By way of further answer, in addition to providing the supplemental documents by way of letter dated May 13, 2005, for the benefit of counsel for Plaintiff, Compass has prepared a proposed formal Supplemental Response to Request for Production of Documents I, which will be served when verification has been received. A true and correct copy of Compass' proposed formal Supplemental Response to Request for Production of Documents 1 is attached hereto as Exhibit "E." WHEREFORE, Defendant, Compass International, hlC., requests that this Honorable Court enter an Order denying Plaintiffs Motion to Compel Discovery CIRPIANI & WERNER By: & Dennis J. Bone ,E Attorney ID #34329 Mark R. Zogby, Esquire Attorney ID #84032 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 Counsel for the Defendant, Compass International, Inc. Date 9(J!65 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants CASE NUMBER: 04-3027 ISSUE NUMBER: PLEADING: Answers to Plaintiff's Second Set of Interrogatories CODE AND CLASSIFICATION: FILED ON BEHALF OF: Compass International, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 CIPRIANI & WERNER, P.C. 1017 Mumma Road Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE1';'NSYLV ANIA CIVIL DIV1SION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INe., Defendants ) CASE NO: 04-3027 ) ) ) ) ) ) ) ) ) ) ) JURYTRIALDEMANDED COMPASS INTERNATIONAL. INC.'S ANSWERS TO PLAINTIFF'S SECOND SET OF INTERROGATORlES 1. Robert Wilkinson Ronald Farrell 2. Yes 3. No markings on screws. Packaging includes our name brand and purchase order number. 4. PEMFO has purchased screws from Compass. Please check with PEMFO regarding their procedures. Screw designed by manufacturer as a standard part. Compass is not involved in the production of the screw. Standard packaging and labeling. No instructions included. None. 5. No instructions included. 6. No instructions included. 7. a. b. c. d. e. f. Compass tests the performance and dimensions to tapping screw standards. 8. Compass uses tapping screw standards from the IFI book. 9. Tapping screw standards from the IFI book. 10. See IFI standards for tapping screws. I I. See answer to interrogatory 10. 12. Implemented in 1994. Implemented to ensure IFI standards. 13. a. b. Yes Yes 14. a-e Refer to the 1FT book for tapping screws. 15. Refer to the IFI book for tapping screws. 16. See answer to interrogatory 15. 17. Refer to Compass brochures. 18. Not applicable. 19. Not applicable. 20. Refer to the IFI standards for tapping screws. 21. Various Taiwan factories. 22. Compass has purchased Taiwan screws for many years from the various factories. 23. Refer to the IFI book, "Tapping Screws". 24. Various Compass and factory personnel. Respectfully submitted, C I WERNER, P.C. BY: IJ IS . BONETTI, ESQUIRE toruey for the Defendant Compass International, Inc. VERIFICATION I hereby affirm that the following facts are correct: COMP ASS INTERNATIONAL, INC, is a Defendant in the foregoing action. The attached Answers to Second Set of Interrogatories is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answers to Second Set of Interrogatories is that of counsel and not of me. I have read the Answers to Second Set of Interrogatories and to the extent that the Answers to Second Set of Interrogatories is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answers to Second Set of Interrogatories is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answers to Second Set of Interrogatories is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: <-II ~ 105;; I I ~ ~ I)/J ... 11/ L1;~., Authorized Representative of Compass International, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, Compass International, Inc., hereby certifies that a true and correct copy of its Answers to Plaintiff s Second Set of Interrogatories has been served on all counsel of record, by first class maiJl postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the : I day of ',f rlo-j- ,2005. Albert Peterlin Gates, Halbruner & Hatch 1013 Mumma Road Suite 100 Lemoyne, PA 17043 David A. Fitzsimons Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Respectfully submitted, BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INe., Defendants CASE NUMBER: 04-3027 ISSUE NUMBER: PLEADING: Responses to Plaintiffs Second Request for Production of Documents CODE AND CLASSIFICA nON: FILED ON BEHALF OF: Compass 1nternational, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 CIPRIANI & WERNER, P.e. 1017 Mumma Road Lemoyne, PAl 7043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL,INC., Defendants ) CASE NO: 04-3027 ) ) ) ) ) ) ) ) ) ) ) JURY TRIAL DEMANDED COMPASS INTERNATIONAL, INC.'S RESPONSES TO PLAINTIFF'S SECOND REOUEST FOR PRODUCTION OF DOCUMENTS 1. See Answers to Interrogatories. 2. See Answers to Interrogatories. BY: submitted, WERNER, P.C. D IS J. BONETTI, ESQUIRE torney for the: Defendant ompass International, Inc. VERIFICA nON I hereby atlirm that the following facts are correct: COMPASS INTERNATIONAL, INC, is a Defendant III the foregoing action. The attached Response to Second Request for Production of Documents is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Response to Second Request for Production of Documents is that of counsel and not of me. I have read the Response to Second Request for Production of Documents and to the extent that the Response to Second Request for Production of Documents is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Response to Second Request for Production of Documents is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Response to Second Request for Production of Documents is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: '-I Iv !c5 f I /)/ //J /J ~ '/~A~_ z- Authorized Representative of Compass International, Inc. " CIPRIANI & WERNER A PROFESSIONAL CORPORATlON Dennis p, Cullen Jr. t Dennis J. Bonetti " Lewis L Wolfgang Jason K. Bums .... Mark R. Zogby PauJA. Cacciamani '"' ATTORNEYS AT LAW Philadelphia Office: Suite] 11 482 Norristown Road Blue Bdl, PA \9422-2152 Telephone (6]0) 567-0700 1017 Mumma Road Lemoyne, Pennsylvania 17043-1145 Telephone (717) 975-9600 Fax: (711)975-3846 Hal A. Kest!er or Counsel www.C-WLAW.com Pittsburgh Office: Suite] 100 Two Chatham Center Pittsburgh. PA 152]9-3437 Telephone (412) 281-2500 '" AlsoadmittedinNJ t Also admitted in D.C. & NJ .. Board CertifIed Civil Trial Advocate Scranton Office: Suite 210 Oppenheim Building 409 Lackawanna Avenue Scranton, PA l8S03-20S9 Telephone (570) 347-0600 Writer's E~maj]: DBonetti@c-wlaw.com May 13, 2005 Albert Peterlin Gates, Halbruner & Hatch 1013 Mumma Road Suite 100 Lemoyne, PA 17043 RE: Dana G. Gross, tJd/b/a Mid-State Gutterpro v. Pemfo Packaging Co., Inc. and Compass International, Inc. Our File No.: 7243-14022H Dear AI: Thank you for your letter of May 13, 2005. I have only recently been able to obtain a copy of the tapping screw section of the IFI book. A copy is enclosed to supplement your outstanding discovery request. Otherwise. my client has fully complied with your discovery request. I cannot stop you from filing a Motion to Compel. However, I assure you that my client has adequately responded to your discovery request. Very truly yours. Dennis J. Bonetti DJB/peb Enclosure cc: David A. Fitzsimons, Martson Deardorff Williams & Oltn C.. ;/.... ;~-\ ,f \.) , "" '\ ~ \"'''., \ ('\.,', ">...-. \.' \"- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants CIVIL DIVISION CASE NUMBER: 04-3027 ISSUE NUMBER: PLEADING: Supplemental Response of Compass International, Inc. to Plaintiffs Interrogatories CODE AND CLASSIFICATION: FILED ON BEHALF OF: Compass International, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 CIPRIANI & WERNER, P.C. 1011 Mumma Road Lemoyne, P A 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants ) CASE NO: 04-3027 ) ) ) ) ) ) ) ) ) ) ) JURY TRIAL DEMANDED SUPPLEMENTAL RESPONSE OF COMPASS INTERNATIONAL. INC. TO PLAINTIFF'S INTERROGATORIES 9. Compass International generally performs a spot-check on shipments of screws to determine if they meet IFI standards. 11. See answer to Interrogatory 9. BY: Respectfully submitted, CIPRIANI & WERNER, P.C. D , IS J. BONETTI, ESQUIRE Att 'rney for the Defendant, C mpass International, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, Compass International, Inc., hereby certifies that a true and correct copy of its Supplemental Response to Plaintiffs Interrogatories has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of ,2005. Albert Peterlin, Esquire Gates, HalbfWler & Hatch 1013 Mumma Road Suite 100 Lemoyne, PA 17043 David A. Fitzsimons, Esquire Martson DeardorffWilliarns & Otto Ten East High Street Carlisle, PA 17013 Respectfully submitted, BY: .~.~ I &WERNER, P.C. i~ D . IS J. BONETTI, ESQUIRE Att rney for the Defendant Compass International, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants CIVIL DIVISION CASE NUMBER: 04-3027 ISSUE NUMBER: PLEADING: Supplemental Response of Compass International, Inc" to Plaintiff s Second Request for Production of Documents CODE AND CLASS1FICATION: FILED ON BEHALF OF: Compass International, 1nc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 CIPRIANI & WERNER, P.C. 1011 Mumma Road Lemoyne, PA 17043 (717) 975.9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN!A CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants ) CASE NO: 04-3027 ) ) ) ) ) ) ) ) ) ) ) JURY TRIAL DEMANDED SUPPLEMENTAL RESPONSE OF COMPASS INTERNATIONAL. INC. TO PLAINTIFF'S SECOND REOUEST FOR PRODUCTION OF DOCUMENTS 1. By cover letter dated May 13, 2005, Plaintiff was supplied with a copy of the tapping screw section of the IF! book. An additional copy of the cover letter and the tapping screw section of the IF! book is attached hereto. BY: Respectfully submitted, CERTIFICATE OF SERVICE That counsel for the Defendant, Compass International, Inc., hereby certifies that a true and correct copy of its Supplemental Response to Plaintiff's Second Request for Production of Documents has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of ,2005. Albert Peterlin, Esquire Gates, Halbruner & Hatch 1013 Mumma Road Suite 100 Lemoyne, P A 17043 David A. Fitzsimons, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PAl 7013 Respectfully submitted,. BY: , VERIFICATION I hereby affirm that the following facts are correct: I am counsel for Defendant, Compass International, Inc., in the foregoing action and I am authorized to make this verification on behalf of Defendant. I have read Defendant's Response to Plaintiff's Motion to Compel and veritY that the information contained therein is true and correct to the best of my knowledge, information and belief. This verification is made by me instead of Defendant, since the facts stated in the Defendant's Response 110 Motion to Plaintiff's Motion to Compel are better known to me. I hereby acknowledge that the facts set forth in the aforesaid Defendant's Response to Plaintiff's Motion to Compel are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: o,,! t/ A5 ir , Counsel for s International, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, Compass International, Inc., hereby certifies that a true and correct copy of its Response to Plaintiffs Motion to Compel has been served on all counsel of record, by first class mail, postage p. e-pai , ace rding to th,~ Pennsylvania Rules of Civil Procedure, on the /:t'- day of e, 2005. Albert Peterlin, Esquire Gates, Halbruner & Hatch 10 13 Mumma Road Suite 100 Lemoyne, P A 17043 David A. Fitzsimons, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Respectfully submitted, BY: ENNIS J. BE, ESQUIRE MARK R. ZOGBY, ESQUIRE Counsel for the Defendant Compass International, Inc. r? ..r._ ::.) C) "'-' ;::::;:;. \.:-:'; '.:.:, $~ .'. -(; c-.... -., -rJ ..... :r (1-13 r:~ N ~. I '.~' \..t:-'