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HomeMy WebLinkAbout05-6323 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT COMMON PLEAS No. 05-6323 CIVIL NOTICE OF APPEAL Notice is given that the appellant has tiled in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME w 0-4j,,k P e KU ? f( c-;;, APPELLANT 1- (n1 .-l`te / %nI /--s p A n of e L l CV YEAR E ==? -317 f Os . LT YEAR CITY This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 10088. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MAG. DIST. NO. OR NAME OF D.J. STATE ZIP CODE vs. ) dee _k.- Fle OF *PELLANT9 NISYOR AGENT t,IG e *(- ()!?/c/sfx1pt rhP., S7-t-3e9S If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. gna urea ro ono ary w epu y PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Protho Enter rule upon at ?jP 4 Cam- L Ego i?e_/ appellee(s), to file a complaint in this appeal Name or appellees) of jud men 6h es'. (Common Pleas No. 05-6323 CI VI within twenty (20) days after service of rule or suf e ry /1/ Signature ppf sail neyo RULE: To ??14 J ' Al appellee(s) ` Name orappellee s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. lei 1/. 1. White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Froth. - 76 (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. I Date: DECEMBER 12, Year 2005 ign fur a(Protbo o ry or Depot l PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year , ? by personal service E]by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name on year, , 1-1 by personal service E] by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year _ ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS.____ DAY OF-- YEAR Signature of official before whom affidavit was made Tille of official My commission expires on , year COMMONWEALTH OF PENNSYLVANIA ?uUIV I Y 1. Mag. Dist. No.'. 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Addfe551 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050. NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FHAMPDEN CLEANERS 4610 CARLISLE PIKE MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS FUNDERKOFFLER, K. 792 BRMrIVATER ROAD CAMP HILL, PA 17011 L J K. DNDERKOFFLER 792 BRENTNATER ROAD Docket No.: CV-0000539-05 CAMP HILL, PA 17011 Date Filed: 9/29/05 THIS IS TO NOTIFY YOU THAT: -- Judgment: nTlnam.T .Ti171[swlNUT PT.TF ® Judgment was entered for: (Name) 1xAxPnwN t T.lithNi 4f! ® Judgment was entered against: (Name) aNDRR7rnFFLH$, r in the amount of $ 1 143.72 on: Defendants are jointly and severally liable. (Date of Judgment) i T /i n/o5 (Date & Time) Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2 1,075.2 Judgment Costs $ 68.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,143.72 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total -- $ ---------- ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY. FILINGA NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE 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 MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date :Yew? Magisterial District Judge I certify that this is a true a dL?correct co?sq of the p oceedings containing the judgment. X105 Date i Magisterial District Judge My commission expires first Monday of January, 2010 . SEAL AOPC 315-05 DATE PRINTED: 11/10/05 9:18:06 AM ?' ?. \\ ?? --._. J ?? . ?.. \_ 1 may' L / R ? 1 .. ?y V j ?? ?? ?7\ ?' ? ?` j =Ct ??..' r? _? '4-J ?t iJ i }~ , _ 1• ' Gi' .._ -n ui a M M; .r -.e,UaeU h2?: .. ??. Postmark O H to r Rviceun f o (entlo sel s 1 ReUm etl Rare RestnvYed n finery Fe eo IEndmscmcn. Fa.m roc, i Im VtiSid ah & F e ?j -------------- Street A 1 a / /' {{ ?? or PO BOx Na i 6 - ez-... Crry S tF ., JJ ? rr m r- t ra m M rt - - - - - --- -- - 65G1 2 ED C.rdf.w I o"; Rewrn Reveiyt Fee t'q?Ymark (Endorsement Regurred; !sere ru Resmc mDelivery Fe., -0 ;F_ndorsernem Requiroai "total postage K F e: L O Sen( is ?.' - _--_. .. ,_- C3 N sbeelkt'Ao Yt YSff.1?]ACS ...1_ t-< P .'Poare,ts, IC of ?GZ ;?•C? erY ????._.. tr PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. e/l upo4e District Justice designated therein on (date of service) > r9iJ J.E:3 , year by personal service t, . y (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name Ilk, , on 63d1 , year E] by personal serviceby (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year by personal service Ejby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME h ? THIS 9 rr -,DAY 6? F, 'V A9 , YEAR ! t .: day' s "Er ? ....?.• ? before title of official My cc nmission exp?j t=_;°yeer- _ 1 PBtY!}f(1P b` ay. NOTARY Peed(( t1 CUMP +i Co my COW Imo: 8 '' AM? Sl[N EXPW,5 JANUA4Y 2, .` N 0 'V C? C N W co COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT COMMON PLEAS No. / V i NOTICE OF APPEAL NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANNT{- 1 ? 4l ADDRESS OF APPELLANT r` T DATE OF JU GME T/ ' 1 r ITV MAG. DIST. NO. OR NAME OF D.J. CV YEAR Oe-le-) 0_7 ?!l - Obi LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. gna ure o Pro m7= ary or ep rime, ?wa s, I (le : C' :: STATE 'ZIP CODE vs. O YPELLANTOR IS OR YOR AGENT i 11 appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE"TO ENTER RULE O FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was Dl KEQDA1i1-K?(sIskRA R.C.P.J.P No 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be servbd mpon appellee. PRAECIPE: To Prothonotary Enter rule upon -4 .C,() appellee(s), to file a complaint in this ap f Name of appellees) (Common Pleas No. within twenty (20) days after service of rule or su f Rtry of judpmenynyre? Signatuc anf? is y! rneyo RULE: To dt 1 A? Al /??F? 4Z E t c , appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal Within twenty(,20) days' after the date of service of this rule upon you by personal service or by certified or registered mail. peal (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Year ignaturE o/ Prgthono ry or Deputyr t White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Froth. - 76 David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 dgetz(dwwwpalaw.com ss m ith(&wwwpalaw.com Attorneys for Plaintiff, Business Development Systems Inc., t/a Hampden Cleaners BUSINESS DEVELOPMENT IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA t/a HAMPDEN CLEANERS Plaintiff V. aooS- ?3n73 ???? :NO.eY-9099639-G& KURT UNDERKOFFLER Defendant : CIVIL ACTION - LAW 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. b YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 dgetz(&wwwpalaw.com ssmith(&wwwpalaw.com Attorneys for Plaintiff, Business Development Systems Inc., t/a Hampden Cleaners BUSINESS DEVELOPMENT IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA t/a HAMPDEN CLEANERS Plaintiff V. KURT UNDERKOFFLER NO. CV-0000539-05 Defendant : CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys, Wix, Wenger & Weidner, and files this Complaint, stating the following: 1. Plaintiff is Business Development Systems, Inc., Ua Hampden Cleaners, a Pennsylvania corporation with a current business address at 4610 Carlisle Pike, Mechanicsburg, PA 17050. 2. Defendant, Kurt Underkoffler, is an adult individual whose last known address is 792 Brentwater Road, Camp Hill, PA 17011. 3. Jurisdiction and venue are proper in this Court because Plaintiff's cause of action arose in Cumberland County. 4. The amount in controversy in this case does not exceed the amount required by the Cumberland County local rules regarding compulsory arbitration. Count I - Breach of Contract 5. Paragraphs 1 through 4 hereof are incorporated herein by reference as if fully set forth. 6. Plaintiff conducts a dry-cleaning business. 7. On or about May 2005, Plaintiff and Defendant agreed that Plaintiff would undertake services for Defendant and that Plaintiff would bill Defendant at the conclusion of each month for the cost of the services performed by Plaintiff. 8. The oral agreement between Plaintiff and Defendant regarding the services provided by the Plaintiff constituted a valid and binding contract (herein, the "Contract"). 9. From approximately May, 2005 through September 2005, Plaintiff performed services pursuant to the Contract for Defendant and another individual authorized by Defendant to receive dry cleaning services from Plaintiff. 10. At no time did Defendant object to the dry cleaning services that Plaintiff provided to Defendant. 11. During the period approximately May, 2005 through September 2005, Plaintiff incurred time and expenses totaling $1,075.22 related to the services provided to the Defendant. 12. On various occasions from approximately May, 2005 through September 2005, Plaintiff sent invoices to Defendant seeking payment of these amounts (herein, the "Invoices"). Attached as Exhibit A is a true and correct copy of the Invoices. 13. The Invoices were sent from, and payment was due to Plaintiff at, Plaintiff's place of business in Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. 14. At no time did Defendant object to the Invoices or to the amounts for which Plaintiff sought payment. 15. Defendant has not made any payments to Plaintiff. 16. The amount due on the Invoices is $1,075.22. 17. Plaintiff has properly performed all of its obligations under the Contract for which it has invoiced Defendant. 18. Defendant has failed and refused to pay Plaintiff's Invoices despite receiving the benefit of Plaintiff's services under the Contract. 19. Defendant has no justification for his failure and refusal to pay the Invoices. 20. Defendant's failure and refusal to pay the Invoices constitutes a default of the Contract. 21. Defendant's default of the Contract has damaged Plaintiff in the amount of $1,075.22. 22. Plaintiff is entitled to recover from Defendant the amount of $1,075.22, plus interest from the date of default until the date of payment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff and against Defendant in the amount of $1,075.22, plus additional interest that accrues at the legal rate of 6% per annum, the costs of this action and the District Justice action from which Defendant appealed, and such other relief as this Court deems just and appropriate. Count II -Unjust Enrichment 23. Paragraphs 1 through 22 hereof are incorporated herein by reference as if fully set forth. 24. Defendant has benefited from Plaintiffs services. 25. Defendant has been aware of, and has appreciated the benefits he has received as a result of Plaintiffs services. 26. Defendant would be unjustly enriched if he was allowed to enjoy the benefits of Plaintiffs services without paying the reasonable value of it. 27. The reasonable value of Plaintiffs services is $1,075.22. 28. Plaintiff is entitled to recover from Defendant the amount of the damages $1,075.22 plus interest from the date of default until the date of payment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff and against Defendant in the amount of $1,075.22 plus additional interest that accrues at the legal rate of 6% per annum, the costs of this action and the District Justice action from which Defendant appealed, and such other relief as this Court deems just and appropriate. Respectfully Submitted, WIX, WENGER & WEIDNER By: z7 David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Date: January 13, 2006 Attorneys for Plaintiff Exhibit A MR.UNDERKOFLER MONTH CHARGES AMOUNT P AID BALANCE 03/01/05-03/31105 84.22 0 84.22 04/01/05-04/30/05 78.34 0 162.56 05/01/05-05/31/05 188.93 84.22 267.27 06/01/05-06/30105 300.63 0 567.9 07101/05-07/31/05 326.54 0 894.44 08/01/05-08/31/05 81.99 0 976.43 BALANCE DUE 976.43 MR. PETERS 03/01/05-03/31/05 30.20 0 3020 04/01/05-04/30105 92.00 0 122.2 05/01/05-05/31/05 6.79 30.20 98.79 BALANCE DUE 98.79 TOTAL BALANCE DUE 1076.22 Hampden Cleaners 4610 Carlisle Pike Mechanicsburg, PA 17050 Peters 792 Brentwater Rd. Camp Hill, PA 17011 Invoice Number 01200 Customer Peters Billed Date 04104/2005 Billing Period 03/012005-03/31/2005 Amount Due $30.20 Payment Due 041302005 Question? Call 717-737-8844 Amount Enclosed Charges or payments received after billing date Oil appear on next statement Please wnte account number on check 8 return this portion with payment -- ------------------------------------------------- Billing Period: 03/01/2005 - 03/3112005, Amount: $30.20, Due Date: 04130/2005 Date Ticket No. Charges Payments Payments / Credits New Charges 03/29/2005 095654 4.10 03/29/2005 095655 16.50 03/31/2005 095959 9.60 $30.20 0.00 $0.00 Over 90 Days 60-90 Days 30-60 Days Previous Total ) Payments/Credil (+) New Charges Total Amount Due $0.00 $0.00 $30.20 $30.20 Hampden Cleaners (717-737-8844) Hampden Cleaners 4610 Carlisle Pike Mechanicsburg, PA 17050 Peters 792 Brentwater Rd. Camp Hill, PA 17011 Invoice Number 01237 Customer Peters Billed Date 05/06/2005 Billing Period 04/012005-04/30/2005 Amount Due $122.20 Payment Due 05 /31 20 05 Question? Call 717-737-8844 Amount Enclosed Charges or payments received after billing date will appear on next statement Please write account number on check & return this portion with payment --------------------------------------------------- Billing Period: 04/01/2005 - 04/30/2005 Date Payments / Credits Ticket No. Payments 0.00 New Charges 04/04/2005 04/05/2005 04/08/2005 04/08/2005 04/09/2005 04/19/2005 04/19/2005 04/25/2005 04/25/2005 04/28/2005 096376 11. 74 096621 6. 79 097085 14. 85 097086 5. 53 097176 6 .79 098668 14 .85 098669 7 .38 099433 9 .90 099434 3 .69 099885 10 .48 $92.00 $0.00 Over 90 Days 60-90 Days 30-60 Days Previous Total ) Payments/Credit (?) New Charges Total Amount Due $30.20 $0.00 $92.00 $122.20 Amount: $122.20, Due Date: 05/31/2005 Hampden Cleaners (717-737-8844) Hampden Cleaners 4610 Carlisle Pike Mechanicsburg, PA 17050 Peters 792 Brentwater Rd. Camp Hill, PA 17011 Invoice Number 01263 Customer Peters Billed Date 06/042005 Billing Period 051012005 - 05/31 /2005 Amount Due $98.79 Payment Due 06/302005 Question? Call 717-737-8844 Amount Enclosed Charges or payments received after billing date will appear on next statement. Please write account number on check & return this portion with payment. --------------------------------------------- Billing Period: 05/01/2005 - 05131/2005, Amount: $98.79, Due Date: 06/30/2005 Date Ticket No. Charges Payments Payments / Credits 05/31/2005 Thank you. 30.20 New Charges 05/02/2005 100413 6.79 $6.79 $30.20 Over 90 Days 60-90 Days 30-60 Days Previous Total ) Payments/Credr (+) New Charges Total Amount Due $122.20 $30.20 $6.79 $91179 Hampden Cleaners (717-7378844) Hampden Cleaners 4610 Carlisle Pike Mechanicsburg, PA 17050 K Underkofler 792 Brentwater Rd. Camp Hill, PA 17011 Invoice Number 01218 Customer K Underkofler Billed Date 04/0412005 Billing Period 03/012005-03/31/2005 Amount Due $84.22 Payment Due 04/302005 Question? Call 717-737-8844 Amount Enclosed Charges or payments received after billing date will appear on next statement Please write account number on check 8 return this portion with payment. -------------------------------------------------- Billing Period: 03/0112005 - 03/31/2005, Amount: $84.22, Due Date: 04/30/2005 Date Ticket No. Charges Payments Payments / Credits 0.00 New Charges 03/26/2005 095280 12. 30 03/26/2005 095281 12. 30 03/26/2005 095282 15. 62 03/26/2005 095283 27. 50 03/26/2005 095284 16. 50 $84.22 $0.00 Over 90 Days 60-90 Days 30-60 Days Previous Total ) Payments/Credil (*) New Charges Total Amount Due $0.00 $0.00 $84.22 $84.22 Hampden Cleaners (717-7378844) Hampden Cleaners 4610 Carlisle Pike Mechanicsburg, PA 17050 K Underkofler 792 Brentwater Rd. Camp Hill, PA 17011 Invoice Number 01244 Customer K Underkofler Billed Date 05/0612005 Billing Period 04/012005 - 04130/2005 Amount Due $162.56 Payment Due 05/312005 Question? Call 717-737-8844 Amount Enclosed Charges or payments received after billing date will appear on next statement. Please write account number on check 8 return this portion with payment. ----------------------------------------------- Billing Period: 0410112005 - 0413012005, Amount: $162.56, Due Date: 05/3112005 Date Ticket No. Charges Payments Payments / Credits New Charges 04/06/2005 096816 4 .68 04/06/2005 096817 18 .99 04/10/2005 097342 11 .07 04/10/2005 097343 19. 30 04/10/2005 097344 19 .80 04/26/2005 099680 4. 50 $78.34 0.00 $0.00 Over 90 Days 60-90 Days 30-60 Days Previous Total ) Payments/Credit (+) New Charges Total Amount Due $8422 $0.00 $78.34 $162.66 Hampden Cleaners (717-737-8844) Hampden Cleaners 4610 Carlisle Pike Mechanicsburg, PA 17050 K Underkofler 792 Brentwater Rd. Camp Hill, PA 17011 Invoice Number 01271 Customer K Underkofler Billed Date 06/04/2005 Billing Period 05/012005-05/31/2005 Amount Due $267.27 Payment Due 06/302005 Question? Call 717-737-8844 Amount Enclosed Charges or payments received after billing date will appear on next statement. Please write account number on check & return this portion with paymentt. Billing Period: 05/01/2005 - 05/31/2005, Amount: $267.27, Due Date: 06/30/2005 Date Ticket No. Charges Payments Payments / Credits 05/31/2005 Thank you New Charges 05/06/2005 101004 7.38 05/06/2005 101005 19.80 05/06/2005 101059 5.53 05/1112005 101771 14.85 05/11/2005 101773 5.53 05/11/2005 101871 4.95 05/11/2005 101872 7.38 0511612005 102522 19.80 05/16/2005 102523 14.85 05/16/2005 102524 7.38 05/16/2005 102525 9.22 05/20/2005 103027 12.60 05/20/2005 103028 12.60 05/20/2005 103029 12.60 05/20/2005 103030 9.45 05/23/2005 103432 5.53 05/24/2005 103582 19.48 $188.93 84.22 $84.22 Over 90 Days 60-90 Days 30-60 Days Previous Total ) Payments/Credli (*) New Charges Total Amount Due $162.66 $84.22 $188.93 $267.27 Hampden Cleaners (717-737-8844) Hampden Cleaners 4610 Carlisle Pike Mechanicsburg, PA 17050 K Underkofler 792 Brentwater Rd. Camp Hill, PA 17011 Invoice Number 01298 Customer K Underkofler Billed Date 07/012005 Billing Period 06/012005 - 06/30/2005 Amount Due $567.90 Payment Due 07 /31 20 05 Question? Call 717-737-8644 Amount Enclosed Charges or payments received after billing date will appear on next statement. Please write account number on check & return this portion with payment - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -- - - Billing Period: 0610112005 - 06/30/2005, Amount: $567.90, Due Date: 07131/2005 Date Ticket No. Charges Payments / Credits New Charges 0.00 06/02/2005 104672 34.78 06/0312005 104756 12.60 06/03/2005 104790 24.75 06/0312005 104791 9.45 06/05/2005 105092 12.60 06/05/2005 105093 9.45 06/05/2005 105094 3.69 06/05/2005 105095 9.90 06/06/2005 105111 13.05 06/09/2005 105530 15.75 06/09/2005 105531 9,22 06/09/2005 105532 29.70 06109/2005 105534 4.95 06/10/2005 105794 9.45 06/10/2005 105796 9.90 06/11/2005 105904 6.30 06/1512005 106333 9.94 06/16/2005 106486 9,45 06/20/2005 106902 8.10 06/21/2005 107174 6.30 06/22/2005 107214 8.10 06/24/2005 107595 14.40 06/28/2005 107923 8.10 06/30/2005 108184 8.10 06/30/2005 108185 12.60 $300.63 $0.00 Hampden Cleaners (717-737-8844) Over 90 Days 60-90 Days 30-60 Days Previous Total ) Payments/Credr (?) New Charges Total Amount Due $267.27 $0.00 $300.63 $667.90 Hampden Cleaners (717-737-8844) Hampden Cleaners 4610 Carlisle Pike Mechanicsburg, PA 17050 K Underkofler 792 Brentwater Rd. Camp Hill, PA 17011 Invoice Number 01321 Customer K Underkofler Billed Date 08/01/2005 Billing Period 07/01/2005-07/31/2005 Amount Due $894.44 Payment Due 08/31 /2005 Question? Call 717-737-8844 Amount Enclosed Charges or payments received after billing date will appear on next statement. Please write account number on check & return this portion with payment. --------------------------------------------------- Billing Period: 07/01/2005 - 07/31/2005, Amount: $894.44, Due Date: 08/31/2005 Date Ticket No. Charges Payments Payments / Credits 0.00 New Charges 07/05/2005 108573 14. 40 07/06/2005 108774 12. 60 07/06/2005 108775 24. 75 07/06/2005 108776 1. 84 07/07/2005 108844 8. 10 07/12/2005 109295 16. 24 07/13/2005 109412 11. 29 07/14/2005 109521 8. 10 07/15/2005 109613 6. 30 07/15/2005 109665 9. 45 07/15/2005 109666 14. 85 07/15/2005 109671 9. 45 07/15/2005 109673 24. 75 07/18/2005 109899 8. 10 07/20/2005 110291 24. 75 07/20/2005 110292 3 .69 07/20/2005 110293 19 .26 07/24/2005 110736 18 .90 07/24/2005 110737 19 .80 07/25/2005 110780 3 .69 07/25/2005 110782 9 .45 07/28/2005 111158 17 .59 07/31/2005 111503 24 .75 07/31/2005 111504 14 .44 $326.54 $0.00 Hampden Cleaners (717-737-8844) Over 90 Days 60-90 Days 30-60 Days Previous Total ) Payments/Credt (+) New Charges Total Amount Due $567.90 $0.00 $326.54 $894.44 Hampden Cleaners (717-737-8844) Hampden Cleaners 4610 Carlisle Pike Mechanicsburg, PA 17050 K Underkofler 792 Brentwater Rd. Camp Hill, PA 17011 Invoice Number 01344 Customer K Underkofler Billed Date 09/02/2005 Billing Period 08/01/2005-08/31/2005 Amount Due $976.43 Payment Due 09/3012005 Question? Call 717-737-8844 Amount Enclosed Charges or payments received after billing date will appear on next statement. Please write account number on check & return this portion with payment. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Billing Period: 08101/2005 - 08/31/2005, Amount: $976.43, Due Date: 09/30/2005 Date Ticket No. Charges Payments Payments / Credits 0.00 New Charges 08/01/2005 111613 8.10 08/04/2005 111913 12 .60 08/08/2005 112329 14 .40 08/11/2005 112660 8 .10 08/15/2005 113008 14 .40 08/23/2005 113932 15 .75 08/23/2005 113933 8 .64 $81.99 $0.00 Over 90 Days 60-90 Days 30-60 Days Previous Total ) Payments/Credil (+) New Charges Total Amount Due $894.44 $0.00 $81.99 $976.43 Hampden Cleaners (717-737-8844) VERIFICATION I, Edward S. Tamin, have read the foregoing document and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief, ! Verify that all of the statements made in the foregoing are true and Correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. C G( WvW A. Edward S, Tamin DATE: 2006 CcP) SHERIFF'S RETURN - REGULAR CASE NO: 2005-06323 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUSINESS DEVELOPMENT SYSTEMS VS UNDERKOFFLER KURT CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE UNDERKOFFLER KURT W was served upon DEFENDANT the , at 1836:00 HOURS, on the 18th day of January , 2006 at 792 BRENTWATER ROAD CAMP HILL. PA 17011 KURT UNDERKOFFLER by handing to 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 18.00 Service 13.20 Postage .39 Surcharge 10.00 .00 41.59 Sworn and Subscribed to before me this day of A. D. Prat onot ry So Answers R. Thomas Kline 01/19/2006 WIX WENGER WEIDNER By: Deputy Sheriff David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 dgetzo_wwwpalaw.com ssmith(wwwpalaw.com Attorneys for Plaintiff, Business Development Systems Inc., t/a Hampden Cleaners BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant To: Defendant, Kurt Underkoffler IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 0",;-- Fy3Z3? NO. CIVIL ACTION - LAW You are hereby notified that on IY"A, I ?, , 2006, the following (9rder) (Decree) (Judgment) has been entered against you in the above-captioned case. $1,075.22, plus costs and interest from November 10, 2005. DATE:_ Prothonotary I hereby certify that the name and addresses of the proper person to receive this notice is: Kurt Underkoffler 792 Brentwater Road, Camp Hill, PA 17011 A: Kurt Underkoffler, Defendido Por este medio se le esta notificando que 2006, el siguiente (Orden), (BeGrete), (Pallo) ha mencionado en el epigrafe. en el de del sido anotado en contra suya en el caso FECHA: Prothonotario Cer ifico que la siguiente direccion es la del defendidos segun indicada en el certificado de residencia: Kurt Underkoffler 792 Brentwater Road, Camp Hill, PA 17011 F:\drg\3427 - Hampden Cleaners\3818 - General Business Matters\Documents\236 NOTICE2.doc David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 daetz(&wwwpalaw.com ssm itho_wwwpalaw. com Attorneys for Plaintiff, Business Development Systems Inc., Va Hampden Cleaners BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA rji -Co3zS NO. CV--0000139--ft CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Due to the Defendant's failure to file an Answer or otherwise plead to the Complaint filed on January 13, 2006, on behalf of Plaintiff, Business Development Systems Inc., t/a Hampden Cleaners, please enterjudgment against Defendant, Kurt Underkoffler, in the amount of $1,075.22, plus costs and interests. Attached, as Exhibit A, is a copy of Plaintiffs written Notice of Intent to Enter Default Judgment, in accordance with Pa.R.C.P. 237.1, which I certify was mailed by regular mail to the Defendant at his last known address on February 23, 2006, which is at least ten days prior to the filing of this Praecipe. Defendant has failed to appear or take any action. Date: March 14, 2006 Respectfully Submitted, WIX, WENGER & WEIDNER 'r. By: -Z_ rG z j David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff, Business Development Systems Inc., t/a Hampden Cleaners Exhibit A David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 dgetz(&wwwaalaw.com ssm ith(&-wwwpalaw. com Attorneys for Plaintiff, Business Development Systems Inc., t/a Hampden Cleaners BUSINESS DEVELOPMENT SYSTEMS, INC., tla HAMPDEN CLEANERS, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000539-05 KURT UNDERKOFFLER, Defendant CIVIL ACTION -LAW To: Defendant, Kurt Underkoffler, 792 Brentwater Road, Camp Hill, PA 17011 Date: February 23, 2006 NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO IMPORTANTE Fecha Del Aviso: February 23, 2006 LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA LISTED. A MENOS QUE LISTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y LISTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 WIX, WENGER & WEIDNER p Date: 21z3 144 By: David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CV-0000539-05 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice of Intent to Enter Default Judgment was sent by first class, postage prepaid mail this day to the following: Kurt Underkoffler 792 Brentwater Road, Camp Hill, PA 17011 Respectfully Requested, WIX, WENGER & WEIDNER Date: February 23, 2006 By: ?4 4 David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff BUSINESS DEVELOPMENT : IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA t/a HAMPDEN CLEANERS, Plaintiff V. : NO. CV-0000539-05 KURT UNDERKOFFLER, Defendant CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe for Entry of Judgment by Default was served to Defendant, Kurt Underkoffler, via regular mail at the following addresses: Kurt Underkoffler 792 Brentwater Road, Camp Hill, PA 17011 Date: March 14, 2006 Respectfully Submitted, WIX, WENGER & WEIDNER By:/t?-2 G y7 David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff, Business Development Systems Inc., t/a Hampden Cleaners 1 ?? ?. w ` `?, c:? 'k ',' ? 1 ,„a C7 r? t;? C: `^ -ry --+ r -+7 fZ 4` __ `J, 7 ?> t ? ?<; ?„ ? ? i+-? r47 -i !it •t c> e 1 BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000539-05 : CIVIL ACTION -LAW AND NOW, comes Plaintiff, Business Development Systems, Inc., t/a Hampden Cleaners, by its attorneys Wix, Wenger & Weidner, and files this Motion to Compel, stating the following: 1. Plaintiff, Business Development Systems, t/a Hampden Cleaners, is a Pennsylvania corporation with a current business address at 4610 Carlisle Pike, Mechanicsburg, PA 17050. 2. Defendant, Kurt UnderkofFler is an adult individual whose last known address is 792 Brentwater Road, Camp Hill, PA 17011. 3. Plaintiff instituted this action on January 13, 2006, alleging causes of action for Breach of Contract and Unjust Enrichment. 4. Judgment was entered against the Defendant on March 16, 2006 in the amount of $1,075.22, a copy of which is attached as Exhibit A and is incorporated herein by reference as if fully set forth. 5. On January 23, 2009, Plaintiff sent a letter to Defendant requesting payment of the judgment, in addition to District Justice costs, Sheriff's costs and filing fees. 6. Defendant did not respond to the January 23, 2009 letter. 7. On February 18, 2009, Plaintiff served its First Set of Interrogatories (the "Interrogatories") and Request for Production of Documents ("RPD") on Defendant via certified mail, return receipt requested. A true and correct copy of the February 18, 2009 letter, as well as the return receipt card signed by the Defendant, is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. 8. The Plaintiffs Interrogatories and RPD are attached hereto as Exhibit C and are incorporated herein by reference as if fully set forth. 9. Pursuant to Pa.R.C.P. 4006(a)(2) and 4009.12(a), respectively, Defendant's answers to the Interrogatories and RPD were due on March 20, 2009. Defendant failed and/or refused to serve his answers to the Interrogatories and RPD by March 20, 2009. 10. By letter dated March 30, 2009, transmitted via regular mail, Plaintiffs counsel reminded Defendant that his answers had still not been received, and demanded that Defendant serve his answers to the Interrogatories and RPD by April 9, 2009. A true and correct copy of the March 30, 2009 letter is attached hereto as Exhibit D and is incorporated herein by reference as if fully set forth. 11. By letter dated May 15, 2009, Plaintiff's counsel again reminded the Defendant that his answers had still not been received, and informed the Defendant that 2 Plaintiff would file this Motion if he continued to ignore requests for answers to Interrogatories and RPD. A true and correct copy of the May 15, 2009 letter is attached hereto as Exhibit E and is incorporated herein by reference as if fully set forth. 12. As of the date of this Motion, Defendant still has not answered the Interrogatories or RPD. 13. Defendants' continued delay is inexcusable. 14. Plaintiff submits that the answers to the Interrogatories and RPD sought are relevant to Plaintiff's efforts to collect its judgment. 15. Defendants' continual refusal to answer the Interrogatories and RPD, more than three months after being served with them, even after repeated demands, constitutes dilatory, obdurate and/or vexatious conduct during the pendency of a matter. 16. Plaintiff's attorney's fees already exceed $150.00, and will increase if Defendant continues to ignore his obligation to provide answers. 17. As a consequence, Plaintiff is entitled to recover its attorney's fees incurred in its continual attempts to obtain from Defendants full and complete answers to its Interrogatories and RPD. See 42 Pa.C.S. §2503(7). WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order: a. directing Defendant to serve full and complete answers to Plaintiff's Interrogatories; 3 b. directing Defendant to serve full and complete answers to Plaintiffs Request for Production of Documents; C. directing Defendant to pay Plaintiff's reasonable attorney's fees, costs and expenses incurred in its continual attempts to obtain Defendant's full and complete answers to the Interrogatories and Request for Production of Documents, which fees will be proven at the hearing on this Motion; and d. granting such other relief and sanctions as this Court deems appropriate. Respectfully submitted, WIX, WENGER & WEIDNER, By: David R. Getz, I.D.# 34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Date: June, 2009 F:\drg\3427 - Hampden Cleaners\13943 Hamden cleaners v Kurt UnderkofleAMOTION TO COMPEL DISCOVERY.doc 4 BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000539-05 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Compel was sent by first class mail, postage prepaid this day to the following: Kurt Underkoffier 792 Brentwater Road Camp Hill, PA 17011 W IX, DATE: June o '2009 By. mould A. CdbVn, Legal Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff 5 EXHIBIT A David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 dgetz(a)_wwwpaiaw.com ssmith(dltwwwPaiaw.com Attorneys for Plaintiff, Business Development Systems Inc., tla Hampden Cleaners BUSINESS DEVELOPMENT IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA tla HAMPDEN CLEANERS, Plaintiff c7 ;i - les3L? V. NO. KURT UNDERKOFFLER, Defendant CIVIL ACTION -LAW To: Defendant, Kurt Underkoffler You are hereby notified that on 712&Azb j & , 2006, the following (QFddeF) (Decree) (Judgment) has been entered against you in the above-captioned case. $1,075.22, plus costs and interest from November 10, 2005. r, DATE: t- ?, A I Prothonotary I hereby certify that the name and addresses of the proper person to receive this notice is: Kurt Underkoffier 792 Brentwater Road, Camp Hill, PA 17011 A: Kurt Underkoffler, Defendido Por este medio se le esta notificando que en el de del 2006, el siguiente (QFden), (sestets), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendidos segun indicada en el certificado de residencia: Kurt Underkoffler 792 Brentwater Road, Camp Hill, PA 17011 F: drg\3427 - Hampden Cleaners13818 - General Business MatterslDocuments\236 NOTICE2.doc 4 ?S1 t S 5 6 Q E` J f i-, C: C? N .,•, Sy• •• -' r•tI ?..? ink :.? :41 ci EXHIBIT B CD 0 OD j N L? z1 0 0 w w 0 0 C3 C3 0 N ti w 3 m C, V ¦ ¦ ¦ b N rt y O o t:d v m o all , 9? 3 ~ M 4 O H 2 v !FP a °a r 0, ?g ?? I ? m t? R ??? off o a ? 13 --14 ? V ? WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION RICHARD H. WIX ATTORNEYS AT LAW THOMAS L. WENGER STEVEN C. WILDS 508 NORTH SECOND STREET DEAN A. WEIDNER THERESA L. SHADE WIX' ROBERT C. SPITZER DAVID R. GETZ POST OFFICE BOX 845 Of Counsel STEPHEN J. DZURANIN HARRISBURG, PENNSYLVANIA 17108-0845 JEFFREY C. CLARK PETER G. HOWLAND (717) 234-4182 Suburban Office: FAX (717) 234-4224 4705 DUKE STREET • aeo Member Massacwsens Br www.wwwpalaw.com HARRISBURG, PA 17109-3041 (717) 652-8455 February 18, 2009 Mr. Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Re: Business Development Systems, Inc., t/a Hampden Cleaners v. Kurt Underkoffler No.: 05-6323 Cumberland County, Pennsylvania Dear Mr. Underkoffler: You will recall that the undersigned and this office are counsel to Business Development Systems, Inc., t/a Hampden Cleaners. Per my letter to you dated January 23, 2009, Hampden Cleaners has instructed us to collect the amount that remains unpaid on the judgment that was entered against you. Please find enclosed a set of Interrogatories and Request for Production of Documents in Aid of Execution with respect to this matter. You will note that you have thirty (30) days in which to complete this document and submit it back to our office. THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I look forward to receiving the completed document on or by March 20, 2009. Sincerely yours, WIX, WENGER & WEIDNER By: David R. Getz DRG/pac Enclosure cc: Hampden Cleaners EXHIBIT C BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000539-05 : CIVIL ACTION - LAW INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS IN AID OF EXECUTION TO: Kurt Underkoffler, 792 Brentwater Road, Camp Hill, PA 17011. PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa.R.C.P. 3117, 4005, 4006, 4009.1, 4009.11 and 4009.12, to serve upon the undersigned, within thirty (30) days after service of this Notice, your answers in writing to the following Interrogatories and Requests for Production of Documents. These Interrogatories and Requests for Production of Documents shall be deemed to be continuing Interrogatories and Requests for Production of Documents. If you or anyone acting on your behalf learn of additional information requested, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. WIX, WENGER & WEIDNER Date: Feb 9j 296 By: David R. Getz, I.D. #3483 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff INTERROGATORIES State fully the following: a. Your name; b. Your current residence address; c. Your birthdate; d. Your social security number; e. All other names (including maiden names) you have used or by which you have been known; f. The name of your current spouse; and g. The names of all people who live with you. 2 2. State whether you own or rent the location where you currently reside and also state your monthly mortgage and/or rental payment(s). If you rent, also state the name and full address of your landlord(s). 3. State the prior address(es) where you have resided during the last five years. 4. State your current occupation and the name and address of your current employer. 5. If you are self-employed, state the following: 3 a. nature of your employment; b. the address of your office or place of business; c. whether you own or rent the location where your office or place of business is located and the monthly mortgage or rent payment; d. if you rent, the names and addresses of your landlord(s); e. the prior address(es) where your office(s) or place(s) of business was/were located within the last five years; f. the fictitious or trade name under which you currently do business; g. all prior fictitious or trade names under which you previously did business; h. your company's average gross annual earnings; and 4 L your company's average net annual earnings. 6. Are you a participant or beneficiary of any pension, profit-sharing, stock bonus, KEOGH, IRA, 401(k) or other retirement plan with respect to any of your current or past employment or self-employment positions? If so, state the following: a. The type of each retirement plan. b. The percentage, if any, of your interest in each plan that is vested or nonforfeitable. c. The accrued benefit in your account, or, in the case of a defined benefit plan, the accrued benefit which is or will be payable to you, and the date or dates when such benefits will be payable. d. The name and address of the plan administrator with respect to each such plan. e. The present fair market value of any benefits under such plans to which 5 you would be entitled upon demand. f. The date on which you will reach normal retirement age under each plan, the present fair market value of any benefits to which you will be entitled upon reaching normal retirement age and the actual amount of benefits payable to you upon reaching normal retirement age. 7. State your present average monthly income from all sources, designating the source of each. If you receive commissions, describe how they are calculated. 8. State the names and addresses of all of the prior employers you have had for the last five years, together with the dates during which such employment took place. 9. Do you have any savings accounts or checking accounts, certificates of deposit, 6 money market accounts, individual retirement accounts (IRAs) and/or mutual fund accounts at any bank or other financial institutions, either in your name individually or in your name jointly with another or others? If so, state the following with respect to each accounts or certificate: a. The type of account; b. The name and address of the bank or institution where the account is held; c. The balance in the account as of March 16, 2006, and the current balance; d. The title, number or identifying reference of each; e. In whose name said accountis held and the manner in which the account is held (e.g., jointly, solely, etc.). 10. Do you have a safe deposit or similar storage facility either in your name 7 individually or in your name jointly with another or others? If so, state the following with respect to each: a. The type of box or storage facility; b. The name and address of the bank or institution where the box or storage facility is located; c. The contents of the box or storage facility as of November 30, 2007, and the current contents; d. The title, number or identifying reference of each box or storage facility; e. In whose name each box or storage facility is held and the manner in which the account is held (e.g., jointly, solely, etc.). 11. Do you have a storage facility in a location other than on the property where you 8 reside, either in your name individually or in your name jointly with another or others, that contains your personal property and belongings? If so, state the following: a. The type of storage facility; b. Where the storage facility is located; c. The contents of the box or storage facility as of March 16, 2006, and the current contents; d. In whose name the storage facility is held, owned or rented, and the manner in which it is held (e.g., jointly, solely, etc.). 12. Do you have any of your personal property or belongings stored in any other location other than on the property where you reside or at the storage facility you identified in your answer to Interrogatory No. 11? If so, state the following: a. Where you store the personal property or belongings; b. What is stored there; and c. The name and address of the owner(s) of this location. 9 13. Do you own or have any interest in any stocks, bonds or other investments or options to purchase any stocks, bonds or other investments (referred to as "security")? If so, state the following: a. The identity of each security; b. The name in which each security is held; c. The par or face value of each security; d. The current market value of each security; e. The name and address of the custodian of each security; f. By whom each security was purchased, the date of purchase and the source of the funds used to purchase each security; g. The name and address of any joint owner of each security; 10 h. The date(s) on which interest and/or dividends are paid or payable; i. The maturity date(s) of each security; 14. Do you own any motor vehicles (including motorcycles, ATVs, motor homes and similar vehicles), campers, trailers, boats or similar items? If so, state for each: a. The year, make and model; b. The name(s) on the title or registration; c. The location and current custodian; d. The original purchase price; e. The balance due on any outstanding loans or liens and the name(s) of all 11 persons or entities having lien; f. The date when purchased; g. The source of funds with which purchased; and h. The market value. 15. Identify all items of personal property that you own either individually or with any other person located in your home, office, any storage facility, and /or at any other location, including, but not limited to jewelry, furniture, furnishings, office equipment, computers, televisions, stereos, radios, furs, electrical appliances, tools, photographic equipment, works of art, musical instruments, collectors items and collections (i.e., stamp, coin, etc.) and all other belongings. With respect to each, state the following: a. A brief description; b. The approximate fair market value; c. The names and addresses of all other owners or persons with an interest 12 in each; d. The source of the funds used to purchase each; e. The location of each; and f. The amounts owed on any loans or liens relating to or against each and the names and addresses of all persons who are owed money related to each; 16. Do you own any real estate, either within or outside the Commonwealth of Pennsylvania, either individually or jointly with any other person or entity? If so, with respect to each property, state the following: a. A brief description of the property, together with its full address; b. The market value of the property; c. When you acquired the property; 13 d. In whose name(s) the property is titled; e. The name and address of any other person or entity who has any interest in the property; f. The nature and extent of your interest in the property; g. The amount you paid for the property and the source of the funds you used to acquire the property; and h. Whether there are any mortgages or liens on the property. If so, state the following as to each: L The identity(ies) of the person(s) who hold(s) the mortgage(s) and lien(s); ii. The original principal amount of each mortgage and lien; 14 iii. The outstanding debt owed on each mortgage and lien; iv. The date of each mortgage and lien; and iv. The address of the office where each mortgage and lien is recorded or filed. 17. Do you have any interest in any patent, copyright or royalties or in any patentable invention or copyrightable material? If so, state specifically for each: a. The patent, copyright, royalty, patentable invention and/or copyrightable material; b. The nature of your interest; and c. The value of your interest. 18. Do you have any items of personal property or real estate currently listed for sale or 15 in pawn? If so, state the following for each item: a. The identity of each item; b. Name and address of the person who is selling each or who has possession of each item; c. The value of each item; and d. The listed or asking price of each item. 19. Are there any unsatisfied judgments, uncollected debts, accounts receivable, or other monies owed to you by another person or entity? If so, state specifically for each debt: a. The identity of the debtors; b. The name, court and term number of the case out of which the judgment(s) arose; c. The date the debt was created; 16 d. The amount of the remaining debt; and e. The terms of repayment, including the date(s) on which payment(s) are due. 20. Do you have any security interest in or lien on personal property? If so, state specifically for each: a. The description of the personal property, including its present owner; b. The nature and amount of the security interest or lien including the identification of any court action involved; and c. The date when you acquired the security interest or lien. 21. Do you hold a mortgage on or other security interest in any real estate owned by 17 another or others? If so, state specifically for each: a. The description of the real estate; b. The date you acquired the mortgage or security interest; c. The outstanding balance due on the note or obligation which the mortgage or security interest secures; d. The identities of the mortgagor(s), or party(ies) granting the security interest and the real owners of the property; and e. The priority of your mortgage or security interest. 22. State whether you are the owner of any insurance policies on your life or the life of another, together with the name of the company with whom said policy is held, - - - ._- - __ . --- - --- --- _ - whether said policy is whole life, term, or a combination thereof; and, if whole life, the current cash surrender value thereof. 23. Do you have any rights, claims, interests, financial advantages or prospects under 18 any contract, insurance or other kind of claim, cause of action or lawsuit, potential or pending? If so, state for each: a. The identity of the contract, insurance claim, cause of action or lawsuit; b. The identity of the other party(ies) involved; c. The nature and current status of the contract, claim, cause of action or lawsuit; and d. The known or estimated value of each contract, claim, cause of action and lawsuit. 24. Do you own or operate, and/or are you associated with, any business or venture, of any type, including, but not limited to, a corporation, partnership, joint venture, franchise or syndication (hereinafter collectively referred to as 'Business")? If so, state for each: a. The name and address of the Business; b. The names and addresses of all other members, investors and/or owners 19 of the Business; c. The nature of the Business; d. The percentage of your interest in the Business; e. The current estimated value of interest in the Business; and f. The date when you became an owner, partner, or otherwise interested party in said Business. 25. Are you a beneficiary under any trust? If so, state the following: a. The name and address of the trustee; b. The duration of the trust; c. Your interest in the trust (dollar amount or percentage); 20 d. The amount of income you receive from the trust each month or year; e. The amount of principal to which you are entitled upon distribution of the trust; and f. The expected date of distribution. 26. Have you received any money or interest in any real estate or personal property under any will, trust or inheritance, or have you been notified of any interest in any deceased person's estate, within the last five years? If so, state the following for each: a. The name of the deceased person; b. The name and address of the executor or administrator of the deceased person's estate; c. The nature and value of the bequest, devise, legacy, gift or distributive 21 share; and d. The date of distribution or expected distribution. 27. Do you have any title insurance, casualty insurance, collision insurance, homeowner's insurance or other insurance against loss or damage to property? If so, identify each policy, the issuer of each, and the property that is insured under each. 28. Are you owed any federal, state or local tax refund? If so, identify the taxing authority that owes the refund, the amount of the refund and the date on which you filed for, or requested, the refund. 29. Have you in the last five years transferred assets of any kind, including, but not 22 limited to, equipment, vehicles, machinery, or other personal property, real property, patents, copyrights or securities of any kind ("Item") to any person or entity? If so, state specifically for each Item the following: a. The Item that was transferred; b. To whom the Item was transferred; c. The value of the Item at the time of transfer; d. The consideration (amount) you received in return for the transfer of the Item; e. Whether any bill of sate and/or other document of transfer was executed; f. Whether you retained any security, mortgage, or other interest in or to the Item; g. The reason for each transfer; and 23 h. Your relationship to each transferee. 30. Have you applied to any bank or other financial institution or company for any credit, loans, lines of credit, or other financial assistance within the last five years? If so, state specifically for each such application or request, the following: a. Who made the application/request; b. To whom the application/request was made; c. The amount applied for/requested; d. The purpose for the application/request; e. Each and every item put up as collateral; and f. Whether said application/request was approved. 24 31. Other than the judgment in this case, state whether there are any judgment or liens on record in any court in any county within or outside the Commonwealth of Pennsylvania against you, or any business or entity described in your answer to Interrogatory No. 24 hereof, stating specifically for each the name of the judgment creditor, the court(s) where the judgment(s) and/or lien(s) is/are recorded or filed, the docket number(s) of the judgment(s) and/or lien(s) and whether any payments have been made toward the judgment(s) and/or lien(s). 32. State whether any judgment or lien creditor(s) in any of the judgments or liens listed in your answer to Interrogatory No. 31 hereof is/are attempting to execute against you or secure from you any information in aid of execution on any judgment or lien, stating specifically for each the identity of the judgment or lien creditor(s) and the nature of the current activities by the judgment or lien creditor(s). 33. Do you currently owe any federal, state or local taxes? If so, identify the tax, the amount owed and the taxing authority to which the tax is owed. 34. Are there any pending suits, claims, actions or legal proceedings of any kind 25 against you? If so, state for each: a. The identity of the suit, action or legal proceeding, including the court in which it is pending and the docket or other identifying number; b. The identity of the other party(ies) involved; c. The nature of the suit, action, claim or legal proceeding; d. The known or estimated value of the suit, action, claim or legal proceeding; and e. The current status of the suit, action, claim or legal proceeding. 35. Do you owe any person or entity any money? If so, for each debt state the following: a. The name and address of the person or entity to whom you owe money; b. The amount you owe to each person or entity; 26 c. Whether you are making payments, and if so, the amount and frequency of your payments; d. The nature or purpose of the debt; and e. Whether there are any documents relating to or evidencing the debt and/or the repayment of it. 36. Does any person or entity owe you or any of the businesses or entities identified in your answer to Interrogatory No. 24 any money? If so, for each debt state the following: a. The name and address of the person or entity who owes the money; b. The amount owed; c. To whom the money is owed; 27 d. Whether the debtor is making payments, and if so, the amount and frequency of the payments; e. The nature or purpose of the debt; and f. Whether there are any documents relating to or evidencing the debt and/or the repayment of it. 37. Do you have a will? If so, state where it is located. 38. DO you own or have an interest In any other assets not already disclosed? If so, please identify and state the location of each. 28 REQUEST FOR PRODUCTION OF DOCUMENTS YOU ARE INSTRUCTED TO produce the following documents: Copies of your federal income tax returns for the last five years, together with any and all schedules, attachments and receipts that you filed with, or related to, them. 2. Copies of all statements of your retirement, individual retirement accounts (IRAs), pension, 401(k) and similar accounts for the last twelve months. 3. Copies of all statements for your bank accounts, mutual funds, money market funds, brokerage accounts, certificates of deposit and similar accounts for the last twelve months. 4. Copies of all stocks, bonds and other securities (marketable or otherwise) owned by you. 5. Copies of all titles, registrations, and similar documents for all motor vehicles (including motorcycles, ATVs, motor homes and similar vehicles), campers, trailers, boats or similar items you own or in which you have any interest. 29 6. Copies of all deeds, mortgages, financing agreements and similar documents for all real estate you own or in which you have any interest. 7. Copies of all deeds, mortgages, financing agreements and similar documents for all real estate owned by another or others for which you have a mortgage or other security interest. 8. Copies of all leases for all of your home and business addresses. 9. Copies of all leases for all real estate that you own and rent to other persons or entities. 10. Copies of all shareholder, partnership, association, syndication, franchise or other ownership agreements and documents regarding any business or venture, of any type, including, but not limited to a corporation, partnership, joint venture, syndication or franchise in which you have any ownership or other interest. 11. Copies of all trust documents related to each of the trusts you identified in your answer to Interrogatory No. 25. 30 12. Copies of each and every document evidencing or relating to your transfer of any of the items described in your answer to Interrogatory No. 29. 13. Copies of all financial reports or statements, tax returns and other documents your provided to any entity identified in your answer to Interrogatory No. 30, related to credit, loans, lines of credit and other financial assistance. 14. Copies of all applications, drawing, and other documents evidencing or relating to any patent, copyright or royalties or any patentable invention or copyrightable material you own or in which you have any interest. 15. Copies of all promissory notes, security agreements, mortgages and similar documents evidencing or relating to any and all monies owed to you by other persons or entities. 16. Copies of all promissory notes, security agreements, mortgages and similar documents evidencing or relating to any and all monies you owe to other persons or entities. 31 17. Copies of your will, trust, and all other estate planning documents relating to your estate plan. WIX, WENGER & WEIDNER Date: eb ???? r By: Davi R. Getz, I.D. #348-36 e'll 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:1drg\3427 - Hampden Cleaners\13943 Hamden Cleaners v Kurt Underkofler\lnterrogatories and Requests for Production of Documents in Aid of Execution.doc 32 COMMONWEALTH OF PENNSYLVANIA SS.. COUNTY OF Kurt Underkoffler, being first duly sworn according to law, hereby deposes and says that he is the Defendant in the within matter; that he has read and answered the foregoing Interrogatories to the best of his knowledge, information and belief; and that said answers are true and correct. Kurt Underkoffler Sworn to and subscribed to before me, a Notary Public, this day of , 2009. Notary Public My Commission Expires: (SEAL) 33 BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000539-05 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Interrogatories and Request for Production of Documents in Aid of Execution was sent by certified mail, return receipt requested this day to the following: Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 Respectfully Submitted, IX, W GER & WEIC I Date: a) `U I Dq 1Re6la ribbe aralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234=4182 Attorneys for Plaintiff 34 EXHIBIT D RICHARD H. WIX STEVEN C. WILDS THERESA L. SHADE WIX' DAVID R. GETZ STEPHEN J. DZURANIN JEFFREY C. CLARK PETER G. HOWLAND Also Member Massachusetts Bar WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THOMAS L. WENGER 508 NORTH SECOND STREET DEAN A R ROBERT C. . SPITZ ER POST OFFICE BOX 845 Of Counsel HARRISBURG, PENNSYLVANIA 17108-0845 (717) 234-4182 Suburban Office: FAX (717) 234-4224 4705 DUKE STREET www.wwwpalaw.com HARRISBURG, PA 17109-3041 (717) 652-8455 March 30, 2009 Mr. Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 Re: Business Development Systems, Inc., t/a Hampden Cleaners v. Kurt Underkoffler No.: 05-6323 Cumberland County, Pennsylvania Dear Mr. Underkoffler: You will recall that the undersigned and this office are counsel to Business Development Systems, Inc., t/a Hampden Cleaners. Enclosed is a copy of a letter that was sent to you dated February 18, 2009, along with a set of Interrogatories and Request for Production of Documents that was to be completed and returned to me within 30 days of that date. You have not returned a completed set of that document to me. Under Pennsylvania Rule of Civil Procedure 4019, you are compelled by law to answer this document or face potential sanctions that may be imposed by the Court. If you do not return the completed document to me within ten (10) days of the date of this letter, our office will seek sanctions against you on behalf of Hampden Cleaners. THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WIX, WENGER & WEIDNER Mr. Kurt Underkoffler March 30, 2009 Page 2 I look forward to receiving the completed document on or before April 10, 2009. Sincerely yours, WIX, ENGER & WEIDNER By: David R. Getz DRG/pac Enclosure cc: Hampden Cleaners EXHIBIT E RICHARD H. WIX STEVEN C. WILDS THERESA L. SHADE WIX' DAVID R. GETZ STEPHEN J. DZURANIN JEFFREY C. CLARK PETER G. HOWLAND . Also Member MasssChusett5 Bar WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 508 NORTH SECOND STREET POST OFFICE BOX 845 HARRISBURG, PENNSYLVANIA 17108-0845 (717) 234-4182 FAX (717) 234-4224 www.wwwpalaw.com January 23, 2009 Mr. Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 THOMAS L. WENGER DEAN A. WEIDNER ROBERT C. SPITZER Of Counsel Suburban Office: 4705 DUKE STREET HARRISBURG, PA 17109-3041 (717) 652-8455 Re: Business Development Systems, Inc., t/a Hampden Cleaners v. Kurt Underkoffler No.: 05-6323 Cumberland County, Pennsylvania Dear Mr. Underkoffler: The undersigned and this office are counsel to Business Development Systems, Inc., t/a Hampden Cleaners. A judgment was entered against you in March, 2006 in the amount of $1,075.22, plus costs and interest. The purpose of this letter is to determine from you when you are going to pay the amount that is owed. In addition to the judgment, there are District Justice costs of $68.50, Sheriff's costs of $41.59 and $9.00 to file the actual Judgment. Additionally, as interest has been accruing for more than 3 years, that amount is over $200.00. Thus, the total that you owe is $1,400.00. That amount will continue to increase as interest accrues. Please send me a check in the amount of $1,400.00. The check should be made payable to Hampden Cleaners and sent to me. If we have not received payment within 15 days of the date of this letter, we will be taking other actions to pursue collection. PURSUANT TO FEDERAL LAW YOU ARE ADVISED OF THE FOLLOWING: Unless you notify us within 30 days after receipt of this letter that the validity of this debt, or any portion of it, is disputed, we will assume that the debt is valid. If you notify us WIX, WENGER & WEIDNER Mr. Kurt Underkoffler January 23, 2009 Page 2 of a dispute, we will obtain verification of the debt and mail it to you. Also, upon your written request within 30 days, we will provide you with the name and address of the original creditor if different than the current creditor. This letter is an attempt by a debt collector to collect a debt, and any information obtained will be used for that purpose. The law does not require us to wait until the end of the thirty-day period before taking legal action against you. If, however, you request proof of the debt or the name and address of the original creditor within the thirty-day period that begins with your receipt of this letter, the law requires us to, and we will, suspend our efforts to collect this debt until we mail the requested information to you. I look forward to receiving payment from you within the timeframe set forth above. Sincerely yours, WIX, WENGER & WEIDNER By: David R. Getz DRG/pac cc: Hampden Cleaners lLFC- CIE: C'F THE P _,r BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05- to-saa NO. : CIVIL ACTION - LAW AMENDED MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS FROM DEFENDANT KURT UNDERKOFFLER AND NOW, comes Plaintiff, Business Development Systems, Inc., t/a Hampden Cleaners, by its attorneys Wix, Wenger & Weidner, and files this Motion to Compel, stating the following: 1. Plaintiff, Business Development Systems, t/a Hampden Cleaners, is a Pennsylvania corporation with a current business address at 4610 Carlisle Pike, Mechanicsburg, PA 17050. 2. Defendant, Kurt Underkoffler is an adult individual whose last known address is 792 Brentwater Road, Camp Hill, PA 17011. 3. Plaintiff instituted this action on January 13, 2006, alleging causes of action for Breach of Contract and Unjust Enrichment. 4. Judgment was entered against the Defendant on March 16, 2006 in the amount of $1,075.22, a copy of which is attached as Exhibit A and is incorporated herein by reference as if fully set forth. 5. On January 23, 2009, Plaintiff sent a letter to Defendant requesting payment of the judgment, in addition to District Justice costs, Sheriff's costs and filing fees. 6. Defendant did not respond to the January 23, 2009 letter. 7. On February 18, 2009, Plaintiff served its First Set of Interrogatories (the "Interrogatories") and Request for Production of Documents ("RPD") on Defendant via certified mail, return receipt requested. A true and correct copy of the February 18, 2009 letter, as well as the return receipt card signed by the Defendant, is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. 8. The Plaintiffs Interrogatories and RPD are attached hereto as Exhibit C and are incorporated herein by reference as if fully set forth. 9. Pursuant to Pa.R.C.P. 4006(a)(2) and 4009.12(a), respectively, Defendant's answers to the Interrogatories and RPD were due on March 20, 2009. Defendant failed and/or refused to serve his answers to the Interrogatories and RPD by March 20, 2009. 10. By letter dated March 30, 2009, transmitted via regular mail, Plaintiff's counsel reminded Defendant that his answers had still not been received, and demanded that Defendant serve his answers to the Interrogatories and RPD by April 9, 2009. A true and correct copy of the March 30, 2009 letter is attached hereto as Exhibit D and is incorporated herein by reference as if fully set forth. 11. By letter dated May 15, 2009, Plaintiffs counsel again reminded the Defendant that his answers had still not been received, and informed the Defendant that Plaintiff would file this Motion if he continued to ignore requests for answers to Interrogatories and RPD. A true and correct copy of the May 15, 2009 letter is attached hereto as Exhibit E and is incorporated herein by reference as if fully set forth. 12. As of the date of this Motion, Defendant still has not answered the Interrogatories or RPD. 13. Defendants' continued delay is inexcusable. 14. Plaintiff submits that the answers to the Interrogatories and RPD sought are relevant to Plaintiffs efforts to collect its judgment. 15. Defendants' continual refusal to answer the Interrogatories and RPD, more than three months after being served with them, even after repeated demands, constitutes dilatory, obdurate and/or vexatious conduct during the pendency of a matter. 16. Plaintiffs attorney's fees already exceed $150.00, and will increase if Defendant continues to ignore his obligation to provide answers. 17. As a consequence, Plaintiff is entitled to recover its attorney's fees incurred in its continual attempts to obtain from Defendants full and complete answers to its Interrogatories and RPD. See 42 Pa.C.S. §2503(7). 18. A Judge has not ruled upon any other issue in this case or any related matter. 19. Defendant has no counsel of record from whom to seek concurrence. Defendant has ignored several letters sent to him regarding this matter, including a letter i. advising him that Plaintiff would file this Motion if he did not respond to the Interrogatories. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order: a. directing Defendant to serve full and complete answers to Plaintiffs Interrogatories; b. directing Defendant to serve full and complete answers to Plaintiffs Request for Production of Documents; C. directing Defendant to pay Plaintiffs reasonable attorney's fees, costs and expenses incurred in its continual attempts to obtain Defendant's full and complete answers to the Interrogatories and Request for Production of Documents, which fees will be proven at the hearing on this Motion; and d. granting such other relief and sanctions as this Court deems appropriate. Respectfully submitted, WIX, WENGER & WEIDNER, By: 4',z#2- David R. Getz, I. D.# 3483 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Date: June 5" , 2009 F:\drg\3427 - Hampden Cleaners\13943 Hamden Cleaners v Kurt Underkofler\MOTION TO COMPEL DISCOVERY.doc BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000539-05 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Compel was sent by first class mail, postage prepaid this day to the following: Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 IX, WgNGER &,W?l a,?1U4&1 4 h Paula/A. Cribb4rff LegaTAss 8 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 2344182 Attorneys for Plaintiff DATE: June 5 , 2009 RLED-OFFICE OF THE PPOT ICA101AY 2004 JUN -8 PM 2: 49 +? r I BUSINESS DEVELOPMENT IN THE COURT OF COMMON LEAS OF SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA t/a HAMPDEN CLEANERS, Plaintiff • Q ' V. NO. CV-0000539-05 KURT UNDERKOFFLER, Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE A AND NOW, this 10 day of 2009, upon conside within Motion to Compel Discovery, a Rule is granted upon the Def Underkoffler, to show cause as to why the relief requested in said Motion granted. RULE RETURNABLE, with hearing thereon on the day of 2009 at t3 6 g'4/p.m., in Courtroom Number '13 1 n of the nt, Kurt Id not be OF THE 2009 JUN 10 PM 3: 19 PC NNS`t'LWNNA oop I ?,r /n a I. BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000539-05 CV-00006323-05 CIVIL ACTION - LAW ORDER AND NOW, this `Q day of 1Y 2009, upon consideration of the Plaintiffs Motion to Compel Discovery, upon request of the Plaintiff's counsel, the hearing scheduled for July 9, 2009, at 3:30 p.m. in Courtroom #3, is hereby canceled, due to Defendant agreeing to pay on the judgment with respect to said Motion. -Now J. FILE -? UE OF THE P";Tl "NOTARY 2009.11 ? 10 PC') 1. 17 {('lF 6 _ 1Y1? V 7?1c/oQ - ? rn? t ?y WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION RICHARD H. WIX ATTORNEYS AT LAW STEVEN C. WILDS 508 NORTH SECOND STREET THERESA L. SHADE WIX ' DAVID R. GETZ POST OFFICE BOX 845 STEPHEN J. DZURANIN HARRISBURG, PENNSYLVANIA 17108-0845 JEFFREY C. CLARK PETER G. HOWLAND (717) 234-4182 Also Member Maswhuse#s Br FAX (717) 234-4224 www.wwwpalaw.com July 9, 2009 Office of The Honorable Edward E. Guido Attn: Sandy Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 THOMAS L. WENGER DEAN A. WEIDNER ROBERT C. SPITZER OF Counsel Suburban Office: 4705 DUKE STREET HARRISBURG, PA 17109-3041 (717) 852-8455 Re: Business Development Systems, Inc., t/a Hampden Cleaners v. Kurt Underkoffler CV-0000539-05 Dear Sandy: Please find enclosed an Order canceling the hearing scheduled for today at 3:30 p.m. in Courtroom 3 with respect to the above matter. The Defendant in this case has agreed to pay off the judgment in conjunction with the Motion to Compel Discovery that was served on him and filed with this Court last month. Per our discussion of this morning, I am sending this letter and the Order via regular mail, in addition to this fax transmittal. We will notify the Prothonotary's office when the Defendant has made payment in full so that this case may be formally terminated. Please feel free to call me in the event you have anymore questions regarding this matter. Sinc7 e lours, WIC, W,EIV?G4REER By:\ P a Paralegal Enclosure cc: David R. Getz, Esquire BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. Gam'-99GG539+5/CV-00006323-05 CIVIL ACTION - LAW MOTION FOR NEW HEARING AND NOW, comes Plaintiff, Business Development Systems, Inc., t/a Hampden Cleaners, by its attorneys Wix, Wenger & Weidner, and files this Motion for New Hearing, stating the following: 1 2 3 4. Plaintiff, Business Development Systems, t/a Hampden Cleaners, is a Pennsylvania corporation with a current business address at 4610 Carlisle Pike, Mechanicsburg, PA 17050. Defendant, Kurt Underkoffler is an adult individual whose last known address is 792 Brentwater Road, Camp Hill, PA 17011. Plaintiff instituted a District Justice action on January 13, 2006, alleging causes of action for Breach of Contract and Unjust Enrichment. Judgment was entered against the Defendant on March 16, 2006 in the amount of $1,075.22, a copy of which is attached as Exhibit A and is incorporated herein by reference as if fully set forth. That judgment was subsequently transferred to this Honorable Court. 5. On January 23, 2009, Plaintiff sent a letter to Defendant requesting payment of the judgment, in addition to District Justice costs, Sheriff's costs and filing fees. 6. Defendant did not respond to the January 23, 2009 letter. 7. On February 18, 2009, Plaintiff served its First Set of Interrogatories (the "Interrogatories") and Request for Production of Documents ("RPD") on Defendant via certified mail, return receipt requested. A true and correct copy of the February 18, 2009 letter, as well as the return receipt card signed by the Defendant, is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. 8. The Plaintiff's Interrogatories and RPD are incorporated herein by reference and are attached as exhibits to Plaintiff's prior Motion to Compel. 9. Pursuant to Pa.R.C.P. 4006(a)(2) and 4009.12(a), respectively, Defendant's answers to the Interrogatories and RPD were due on March 20, 2009. Defendant failed andior refused to serve his answers to the Interrogatories and RPD by March 20, 2009. 10. By letter dated March 30, 2009, transmitted via regular mail, Plaintiff's counsel reminded Defendant that his answers had still not been received, and demanded that Defendant serve his answers to the Interrogatories and RPD by April 9, 2009. A true and correct copy of the March 30, 2009 letter is attached hereto as Exhibit C and is incorporated herein by reference as if fully set forth. 11. By letter dated May 15, 2009, Plaintiff's counsel again reminded the Defendant that his answers had still not been received, and informed the Defendant that Plaintiff would file a Motion to Compel if he continued to ignore requests for answers to Interrogatories and RPD. A true and correct copy of the May 15, 2009 letter is attached hereto as Exhibit D and is incorporated herein by reference as if fully set forth. 12. On June 10, 2009, Plaintiff filed a Motion to Compel. A true and correct copy of the Motion is attached hereto and marked as Exhibit E. 13. This Honorable Court issued a Rule to Show Case on June 10, 2009, setting a hearing on the Motion to Compel for July 9, 2009. A copy of said Rule is attached hereto and marked as Exhibit F. 14. Defendant contacted Plaintiff shortly before the hearing on the Rule and agreed to make a partial payment on the judgment and agreed to make a second and final payment if the hearing was canceled. Defendant made a partial payment to the Plaintiff in the amount of $1,000.00 via credit card. 15. Based on the Defendant's representations, Plaintiff contacted this Honorable Court on July 9, 2009, asking that the hearing be canceled. The Plaintiff then prepared an Order that was entered by the Court on July 10, 2009, canceling the hearing based on Defendant's agreement to pay the amount owed. A true and correct copy of the Order is attached hereto and marked as Exhibit G. 16. The Plaintiff sent a letter to the Defendants on August 11, 2009 acknowledging the Defendant's payment in the amount of $1,000.00 and again, asking the remaining $625.00 balance to be paid. A true and correct copy of that letter is attached and marked as Exhibit H. 17. Defendant has continually refused to make said payment or answer correspondence from the Plaintiff, and has refused to respond to the Interrogatories or RPD. 18. Plaintiff's attorney's fees already exceed $500.00 with regard to the Motion to Compel, and will increase if Defendant continues to ignore his obligation to respond to the Interrogatories and RPD. 19. As a consequence, Plaintiff is entitled to recover its attorney's fees incurred in its continual attempts to obtain responses from Defendant to the Interrogatories and RPD. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order scheduling a new hearing on Plaintiff's previous Motion to Compel. Respectfully submitted, WIX, WENGER & WEIDNER, By: David R. Getz, I.D.# 483 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Date: November 2009 F:\drg\3427 - Hampden Cleaners\13943 Hamden Cleaners v Kurt Underkofler\MOTIN FOR NEW HEARING.doc BUSINESS DEVELOPMENT IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA t/a HAMPDEN CLEANERS, : Plaintiff V, : NO. CV-0000539-05/CV-00006323-05 KURT UNDERKOFFLER, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion for New Hearing was sent by first class mail, postage prepaid this day to the following: Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 1WIX, WEN By: /( jf'j , k' \-AJ/ Paula'A.[Cribben, Legal As`s 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff stant DATE: November A p , 2009 EXHIBIT "A" David R. Getz, Esquire Stephen P. Smith, Esquire 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 dgetz(a)_wwwaalaw.com ssmith(awwwnalaw.com Attorneys for Plaintiff, Business Development Systems Inc., t1a Hampden Cleaners BUSINESS DEVELOPMENT : IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA tla HAMPDEN CLEANERS, Plaintiff V. NO. KURT UNDERKOFFLER, Defendant CIVIL ACTION - LAW To: Defendant, Kurt Underkoffler You are hereby notified that on MA uA, I (, , 2006, the following fgr-c" 401er.Fee) (Judgment) has been entered against you in the above-captioned case, $1,075.22, plus costs and interest from November 10, 2005. DATE: .12 VCL Prothonotary I hereby certify that the name and addresses of the proper person to receive this notice is: Kurt Underkoffier 792 Brentwater Road, Camp Hill, PA 17011 A: Kurt Underkofffer, Defendido Por este medio se le esta notificando que en el de del 2006, el siguiente (9FdeR), (9esret$), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que is siguiente direccion es la del defendidos segun indicada en el certificado de residencia: Kurt Underkoffler 792 Brentwater Road, Camp Hill, PA 17011 F;\drg\3427 - Hampden Cleaners13818 - General Business Matters\Documents\238 NOTICE2.doc ? 1 W 1 f. O (?) (-) y? r ?J.7 ?y r n EXHIBIT "B" WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION RICHARD H. WIX ATTORNEYS AT LAW THOMAS L. WENGER STEVEN C. WILDS 508 NORTH SECOND STREET DEAN A. WEIDNER THERESA L. SHADE WIX' ROBERT C. SPITZER DAVID R. GETZ POST OFFICE BOX 845 Of Counsel STEPHEN J. DZURANIN HARRISBURG, PENNSYLVANIA 17108-0845 JEFFREY C. CLARK PETER G. HOWLAND - (717) 234-4182 Suburban Office: • Also Member Massachusetts Bar FAX (717) 234-4224 www.wwwpalaw.com 4705 DUKE STREET HARRISBURG, PA 17109-3041 (717) 652-8455 February 18, 2009 Mr. Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Re: Business Development Systems, Inc., t/a Hampden Cleaners v. Kurt Underkoffler No.: 05-6323 Cumberland County, Pennsylvania Dear Mr. Underkoffler: You will recall that the undersigned and this office are counsel to Business Development Systems, Inc., t/a Hampden Cleaners. Per my letter to you dated January 23, 2009, Hampden Cleaners has instructed us to collect the amount that remains unpaid on the judgment that was entered against you. Please find enclosed a set of Interrogatories and Request for Production of Documents in Aid of Execution with respect to this matter. You will note that you have thirty (30) days in which to complete this document and submit it back to our office. THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I look forward to receiving the completed document on or by March 20, 2009. _-Sincerelyyouurs, - WIX, WENGER & WEIDNER By: ,. David R. Getz DRG/pac Enclosure cc: Hampden Cleaners Cl) O W 00 G w N O O A v 0 3 m N A m C 7 m n m 'O 0 N O CA b N tl? A O N m 3`3 3 m N ? m O C3 m 6-' W C3 C3 C3 0 C3 ru N U'1 EXHIBIT "C" RICHARD H. WIX STEVEN C. WILDS THERESA L. SHADE WIX DAVID R. GETZ STEPHEN J. DZURANIN JEFFREY C. CLARK PETER G. HOWLAND Also Member Massachusetts Bar WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THOMAS L. WENGER R DEAN A. 508 NORTH SECOND STREET ROBERT BERT C. . SPITZ ER POST OFFICE BOX 845 Of Counsel HARRISBURG, PENNSYLVANIA 17108-0845 (717) 234-4182 Suburban Office: FAX (717) 234-4224 4705 DUKE STREET www.wwwpalaw.com HARRISBURG, PA 17109-3041 (717) 652-8455 March 30, 2009 Mr. Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 Re: Business Development Systems, Inc., t/a Hampden Cleaners v. Kurt Underkoffler No.: 05-6323 Cumberland County, Pennsylvania Dear Mr. Underkoffler: You will recall that the undersigned and this office are counsel to Business Development Systems, Inc., t/a Hampden Cleaners. Enclosed is a copy of a letter that was sent to you dated February 18, 2009, along with a set of Interrogatories and Request for Production of Documents that was to be completed and returned to me within 30 days of that date. You have not returned a completed set of that document to me. Under Pennsylvania Rule of Civil Procedure 4019, you are compelled by law to answer this document or face potential sanctions that may be imposed by the Court. If you do not return the completed document to me within ten (10) days of the date of this letter, our office will seek sanctions against you on behalf of Hampden Cleaners. THIS 1S AN ATTEMPTBY-A DEBT-COLLECTOR TO GOLLECT-A DEBT-AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WIX, WENGER & WEIDNER Mr. Kurt Underkoffler March 30, 2009 Page 2 I look forward to receiving the completed document on or before April 10, 2009. Sincerely yours, WIX, ENGER & WEIDNER ?`--' By: ` f - I David R. Getz DRG/pac Enclosure cc: Hampden Cleaners EXHIBIT "D" RICHARD H. WIX STEVEN C. WILDS THERESA L. SHADE WIX' DAVID R. GETZ STEPHEN J. OZURANIN JEFFREY C. CLARK PETER G. HOWLAND Also Member Massachim is Bar Mr. Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THOMAS L. WENGER 508 NORTH SECOND STREET DEAN A. WEIDNER ROBERT C. SPITZER POST OFFICE BOX 845 Of Counsel HARRISBURG, PENNSYLVANIA 17108-0845 (717) 234-4182 Suburban Office: FAX (717) 234-4224 4705 DUKE STREET www,wwwpalaw.com HARRISBURG, PA 17109-3041 (717) 652-8455 i May 15, 2009 Re: Business Development Systems, Inc., t/a Hampden Cleaners v. Kurt Underkoffler No.: 05-6323 Cumberland County, Pennsylvania Dear Mr. Underkoffler: You will recall that the undersigned and this office are counsel to Business Development Systems, Inc., t/a Hampden Cleaners. Enclosed is a Motion to Compel that our client is prepared to file since you have failed to answer the Interrogatories and Request for Production of Documents ("Interrogatories") that was to previously sent to you, a copy also of which is enclosed. If you do not return the completed Interrogatories to me within ten (10) days of the date of this letter, our office will file the Motion to Compel against you in the Court of Common Pleas of Cumberland County. We will ask the Court to order you to answer the Interrogatories and to require you to pay Hampden Cleaners' legal fees associated with the Motion. THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sincerely yours, WIX, EAGER & WEIDNER By:- David R. Getz DRG/pac Enclosures cc: Hampden Cleaners EXHIBIT "E" JUN U 4 2009? BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000539-05 CIVIL ACTION - LAW = MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS FROM DEFENDANT KURT UNDERKOFFLER AND NOW, comes Plaintiff, Business Development Systems, Inc., t/a Hampden Cleaners, by its attorneys Wix, Wenger & Weidner, and files this Motion to Compel, stating the following: 1. Plaintiff, Business Development Systems, t/a Hampden Cleaners, is a Pennsylvania corporation with a current business address at 4610 Carlisle Pike, Mechanicsburg, PA 17050. 2. Defendant, Kurt Underkoffler is an adult individual whose last known address is 792 Brentwater Road, Camp Hill, PA 17011. 3. Plaintiff instituted this action on January 13, 2006, alleging causes of action for Breach of Contract and Unjust Enrichment. 4. Judgment was entered against the Defendant on March 16, 2006 in the amount of $1,075.22, a copy of which is attached as Exhibit A and is incorporated herein by reference as if fully set forth. 5. On January 23, 2009, Plaintiff sent a letter to Defendant requesting payment of the judgment, in addition to District Justice costs, Sheriff's costs and filing fees. 6. Defendant did not respond to the January 23, 2009 letter. 7. On February 18, 2009, Plaintiff served its First Set of Interrogatories (the "Interrogatories") and Request for Production of Documents ("RPD") on Defendant via certified mail, return receipt requested. A true and correct copy of the February 18, 2009 letter, as well as the return receipt card signed by the Defendant, is attached hereto as Exhibit B and is incorporated herein by reference as if fully set forth. 8. The Plaintiff's Interrogatories and RPD are attached hereto as Exhibit C and are incorporated herein by reference as if fully set forth. 9. Pursuant to Pa.R.C.P. 4006(a)(2) and 4009.12(a), respectively, Defendant's answers to the Interrogatories and RPD were due on March 20, 2009. Defendant failed and/or refused to serve his answers to the Interrogatories and RPD by March 20, 2009. 10. By letter dated March 30, 2009, transmitted via regular mail, Plaintiff's counsel reminded Defendant that his answers had still not been received, and demanded that Defendant serve his answers to the Interrogatories and RPD by April 9, 2009. A true -and Lorrect _copy _of_the March 30, 2009 letter is attached_ hereto as Exhibit D and is incorporated herein by reference as if fully set forth. 11. By letter dated May 15, 2009, Plaintiffs counsel again reminded the Defendant that his answers had still not been received, and informed the Defendant that 2 Plaintiff would file this Motion if he continued to ignore requests for answers to Interrogatories and RPD. A true and correct copy of the May 15, 2009 letter is attached hereto as Exhibit E and is incorporated herein by reference as if fully set forth. 12. As of the date of this Motion, Defendant still has not answered the Interrogatories or RPD. 13. Defendants' continued delay is inexcusable. 14. Plaintiff submits that the answers to the Interrogatories and RPD sought are relevant to Plaintiffs efforts to collect its judgment. 15. Defendants' continual refusal to answer the Interrogatories and RPD, more than three months after being served with them, even after repeated demands, constitutes dilatory, obdurate and/or vexatious conduct during the pendency of a matter. 16. Plaintiffs attorney's fees already exceed $150.00, and will increase if Defendant continues to ignore his obligation to provide answers. 17. As a consequence, Plaintiff is entitled to recover its attorney's fees incurred in its continual attempts to obtain from Defendants full and complete answers to its Interrogatories and RPD. See 42 Pa.C.S. §2503(7). - WHEREFORE, Plaintiff respectfully-requests that his-Honorable Court enter an Order: a. directing Defendant to serve full and complete answers to Plaintiffs Interrogatories; 3 b. directing Defendant to serve full and complete answers to Plaintiff's Request for Production of Documents; C. directing Defendant to pay Plaintiff's reasonable attorney's fees, costs and expenses incurred in its continual attempts to obtain Defendant's full and complete answers to the Interrogatories and Request for Production of Documents, which fees will be proven at the hearing on this Motion; and d. granting such other relief and sanctions as this Court deems appropriate. Respectfully submitted, WIX, WENGER & WEIDNER, y. David R. Getz, I.D.# 34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Date: June, 2009 F:\drg\3427 - Hampden Cleaners\13943 Hamden Cleaners v Kurt Underkofler\MOTION TO COMPEL DISCOVERY.doc 4 BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000539-05 KURT 11NDERKOFFLER, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Compel was sent by first class mail, postage prepaid this day to the following: Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 WIX, W)ENGER WE By:,//IIAIVR? P-\ AA P ul A. Crib n, Legal Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff DATE: June , 2009 5 EXHIBIT "F" BUSINESS DEVELOPMENT IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA t/a HAMPDEN CLEANERS, Plaintiff ??? 3 V. NO. CV-0000539-05 KURT UNDERKOFFLER, Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE ff AND NOW, this `o day of 2009, upon consideration of the within Motion to Compel Discovery, a Rule is granted upon the Defendant, Kurt UnderkofFler, to show cause as to why the relief requested in said Motion should not be granted. , RULE RETURNABLE, with hearing thereon on the ClAday of ;t? 2009 at b /p.m., in Courtroom Number "?p P V J. am 4*M'gj jam tit Jei 3- d A,-J. EXHIBIT "G" BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff v. KURT UNDERKOFFLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000539-05 / CV-00006323-05 CIVIL ACTION - LAW ORDER AND NOW, this 1d day of Z ?? 2009, upon consideration of the Plaintiffs Motion to Compel Discovery, upon request of the Plaintiff's counsel, the hearing scheduled for July 9, 2009, at 3:30 p.m. in Courtroom #3, is hereby canceled, due to Defendant agreeing to pay on the judgment with respect to said Motion. +4 4 '? low 0W. *? . (TE V &WWAIIAd E7 Ja;41d EXHIBIT "H" RICHARD H. WIX STEVEN C. WILDS THERESA L SHADE WIX' DAVID R. GETZ STEPHEN J. DZURANIN JEFFREY C. CLARK PETER G. HOWLAND Also Member Massachusetts Bar Mr. Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 (717) 234-4182 Suburban Office: FAX (717) 234-4224 4705 DUKE STREET www.wwwpalaw.com HARRISBURG, PA 17109-3041 (717) 652-8455 August 11, 2009 Re: Business Development Systems, Inc., t/a Hampden Cleaners v. Kurt Underkoffler No.: 05-6323 Cumberland County, Pennsylvania Dear Mr. Underkoffler: Enclosed please find a copy of a letter that our office sent to you on July 13, 2009 regarding the above matter. While we acknowledge that we received your initial payment of $1,000.00, you have still not remitted the remaining payment of $625.00 to us to settle this case. We demand that you submit the remaining $625.00 to us within five days of the date of this letter. If we do not receive payment, we will again ask the Court to schedule a hearing on our Motion to Compel Discovery and proceed without further negotiation. You may submit the payment either by credit card, certified check or by cash. THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Please feel free to telephone me with any questions. --Sincerely yours, WIX, WENGER & WEIDNER 1 By: David R. Getz WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THOMAS L. WENGER DEAN A. WEIDNER 508 NORTH SECOND STREET ROBERT C. SPITZER POST OFFICE BOX 845 Of Counsel HARRISBURG, PENNSYLVANIA 17108-0845 DRG/pac Enclosure cc: Hampden Cleaners K--H*-Tq THE MOHONOTAW IMF 17 Ph 21 15 BUSINESS DEVELOPMENT SYSTEMS, INC., t/a HAMPDEN CLEANERS, Plaintiff V. KURT UNDERKOFFLER, Defendant AND NOW, this?33 ay of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. - /CV-00006323-05 CIVIL ACTION - LAW ORD,,,ER?p? *Ycy l , 2009, upon consideration of Plaintiff's Motion for New Hearing, it is hereby ORDERED that a hearing shall be set on Plaintiff's Motion and Plaintiff's previously filed Motion to Com el on the/ ;day of 20)0 at 3•66 4,V./p.m., in Courtroom Number B e Court: ?r 2 J. P «..1) ''mil 2009 NOV M la: z 1 C:, ovs r{t )A BUSINESS DEVELOPMENT IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA t/a HAMPDEN CLEANERS, Plaintiff V. NO. 6323-2005 KURT UNDERKOFFLER, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 12th day of January, 2010, the Defendant is directed to respond to the interrogatories and request for production of documents previously served within 30 days of receipt of this Order. Failure to do so may result in him being held in contempt. The Defendant is further directed to pay $500.00 in attorney fees for services incurred as a result of his failure to answer the interrogatories and request for production of documents. By the Court, Edward E. Guido, J. David R. Getz, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Att rney for Plaintiff Kurt Underkoffler 792 Brentwater Road Camp Hill, PA 17011 Defendant, Pro se co t ' CS srs /?! 5!!G7 N R7 `. 4 a ` r- - i CJ w r -<