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HomeMy WebLinkAbout06-0497 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORA TION ASSIGNEE OF ABSOLUTE RESOLUTION ASSIGNEE OF MITSUBISHI P.O. BOX 1651 ROCKVILLE MD 20849-1651 Plaintiff No. Ole. - 4?7 C.,u.L~~~ VS CIVIL ACTION - LAW ROBERT FRIZZI 519 WARREN STREEET LEMOYNE PA 17043 LEONORE E FRIZZIE 519 WARREN ST LEMOYNE PA 17043-0000 Defendant(s) Filed on behalf of: Plaintiff, GREAT SENECA FINANCIAL CORPORATION Counsel of record for this party: Date: -4 ~//), I Amy F. Doyle #8 0621 Daniel F. Wolfson #20617 Philip C. Warhol #86341/ Andrew C. Spears #87737 David R. Galloway #873261 Tonilyn M. Chippie #87852 Bruce H. Cherkis # 188371 Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 170lJ Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 138126675 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA c.. ~ c..;l, '--r tR..h- L Ob- GREAT SENECA FINANCIAL CORPORATION No. ASSIGNEE OF ABSOLUTE RESOLUTION ASSIGNEE OF MITSUBISHI Plaintiff VS CIVIL ACTION - LAW ROBERT FRIZZI LEONORE E FRIZZIE Defendant(s) NOTICE 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 an 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 or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013- 717-249-3166 CCP Notice to Defend W&A File No. 138126675 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION No. ASSIGNEE OF ABSOLUTE RESOLUTION ASSIGNEE OF MITSUBISHI Plaintiff VS CIVIL ACTION - LAW ROBERT FRIZZI LEONORE E FRIZZlE Defendant(s) A VIOS PARA DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y A viso es servido, con entrando por escrito una aparencia personalmente 0 por un abogado y archivando por escrito con la Corte sus defensas oobjeciones alas demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda 0 por cualquier olro reclamo 0 alivio solicitado por Demandante. Usted puede perder dinero 0 propiedad 0 otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, V A Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013- 717-249-3166 CCP Notice to Defend W&A File No. 138126675 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c;u J.. ~ 8<-~ No. Olo - '191 GREAT SENECA FINANCIAL CORPORATION ASSIGNEE OF ABSOLUTE RESOLUTION ASSIGNEE OF MITSUBISHI Plaintiff VS CIVIL ACTION - LAW ROBERT FRIZZI LEONORE E FRIZZIE Defendant( s) COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys and the law finn ofWolpoff & Abramson, LLP, and files this Complaint and in support avers as follows: 1. Plaintiff, Great Seneca Financial Corporation, P.O. Box 1651 Rockville, MD 20849- 1651 is a business entity doing business within the Commonwealth of Pennsylvania and the other states ofthe United States. 2. Defendant, Robert Frizzi, is an adult individual with a last known address of 519 Warren Streeet Lemoyne, Cumberland County, PA 17043. 3. Defendant, Leonore E Frizzie, is an adult individual with a last known address of 519 Warren St Lemoyne. Cumberland County, PA 17043-0000. 4. It is averred that Defendant(s) was/were issued an open end credit card account. 5. At all relevant times material hereto, Defendant(s) havelhas used said charge card for the purchase of products, goods and/or for obtaining services. 6. Plaintiff provided Defendant(s) with copies of the Statement of Accounts showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona CCP Cmpl! - WOR Int & AF 2 W&A File No. 138]26675 . fide objection by Defendant(s). A true and correct copy of the Statement of Account is attached hereto, incorporated herein and marked as Exhibit "A". 7. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account as a result of the charges made by said Defendant(s) and/or any authorized users is the sum of $16,768.38. 8. Despite reasonable and repeated demands for payment, Defendant(s) has/have refused and continue to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 9. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - WOR Int & AF 2 W&A File No. 138126675 2 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant(s) in the amount of $16,768.38, plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully Submitted, Date: ~u 62/ Daniel F. Wolfson #20617 Philip C. Warholi #86341/ Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.LP. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - WOR Int & AF 2 W&AFileNo.138126675 3 VERIFICATION The undersigned hereby states that they are the attorney for the Plaintiff who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner. they are authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Pleading are true and correct to the best of their knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ Amy F. Doyle #87 62/ Daniel F. Wolfson #20617 Philip C. Warholi #86341/ Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill. PA 170Il Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - WOR Int & AF 2 W&A File No. 138126675 4 . RAMS EVENTS FOR ACCNT#0607694318 LEDGER EVENTS- TYPE DEF ENT DTfTM EFF DT WHO JUR TXT BILLED DATA 11 INT 00 0309050430030905 SYS 0900 0 0 INTEREST CHANGED COMP-TYPE PER ANNUM .00% NEXT DATE LAST DATE JUR NON LEDGER EVENTS- TYPE DEF ENT DTfTM EFF DT WHO JUR TXT BILLED DATA 17 COM 00 0309050430030905 SYS 0900 0 2 INTEREST ADDED - EFF DATE 030905; TYPE 0; VALUE 0; INIT SYS 17 COM 01 0309050430030905 SYS 0900 0 0 DBR#1 FORWARDED TO ATTORNEY NETWORK XLLP PLACED AMT = 16.768.38 0 7 RSP 00 030905 0426 030905 SYS 0900 0 0 RESPONSIBILITY CHANGED FROM 1 7 COM 00 0309050426030905 SYS 0900 0 0 CHANGE STATUS STATUS- 2 1 MED 00 0308051740030805 SYS 0900 0 2 MEDIA RECORD MEDIA#05067005400-CLlENT FILE 1 7 COM 00 0308051730030805 CRL 0900 0 2 INTEREST CALCULATION PERFORMED PER INTERNAL CPA INSTRUCTIONS 0 3 OPN 00 0308051657030805 *SY 0000 0 0 W&A FILE OPENED RSN: NEW FILE 1 7 COM 00 0308051657030805 *SY 0000 0 2 INIT DATA ENTRY BUYBACK DT= 06/21/05 1 7 COM 00 0308051657030805 *SY 0000 0 2 INIT DATA ENTRY ACCT NO 0607694318 ACCT TYPE A AMT 16.768.38 BAL 16,768.38 *-0 RG-ACCT-NO *-PLAINT-NO 7011507 *-0 RG-CREDITOR *WW1-CLlENT-ID-HOLD GRE AT SENECA FINANCIAL CORP.,ASSIGNEE OF MITSUBIS GSFC *WW 1-PLACED-AMT*WW1-INT-RA TE*WW1-INT -START -DA TE*WW1-AGCY -FEE-RA TE*WW1-COMM-RA TE 167 68.38 00.00 03/09/2005 00.00 *WW1 -LST -PYMT -DT*WW1-CO-DA TE*WW1-0PEN-DA TE 05/1 0/2003 11/13/2003 05/17/2002 *WW1 -DEB1-POE-ADDR *WW1-DEB1-POE-CITY *WW1-DEB1-POE-ST *WW1 -DEB1-POE-ZIP*WW1-DEB2-LNAME FRIZZlE *WW1 -DEB2-FNAME *WW1-DEB2-DOB*WW1-DEB2-SSN LEON ORE E XXX-XX-6476 *WW1 -DEB2-HPHONE*WW1-DEB2-ADDR1 *WW1-DEB2-ADDR2 7177 741659 519 WARREN ST *WW1 -DEB2-CITY *WW1-DEB2-ST*WW1-DE p ~ -, !S In. /0 \L If\ \\:- . V1 ~ -6 ~ ~ S ~ ::D t- -r...... ( " '. ..J, (", (..' ~ 8 " SHERIFF'S RETURN - REGULAR CASE NO: 2006-00497 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREAT SENECA FINANCIAL CORP VS FRIZZI ROBERT ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FRIZZI ROBERT the DEFENDANT , at 1900:00 HOURS, on the 30th day of January ,2006 at 519 WARREN STREET LEMOYNE, PA 17043 by handing to SHANNON JENKINS, GIRLFRIEND OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 14.08 .39 10.00 .00 42.47 So Answers: -('-'7 ,/;/ /:,-/ ~ f~>fl /;:f~,;;,'?,c::.'L .,~J R. Thomas Kline Sworn and Subscribed to before 01/31/2006 WOLPOFF & ABRAMSON t1 " By: me this 1 ~ day of // J A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00497 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREAT SENECA FINANCIAL CORP VS FRIZZI ROBERT ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FRIZZlE LEONORE E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , FRIZZlE LEONORE E 519 WARREN STREET LEMOYNE, PA 17043 DEFENDANT HAS BEEN DECEASED FOR 2 YEARS. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answ:E~j " ~..,,' ,~,:'----- "..e/~~7,---c",,:/ / . R. Th~mas ~ne Sheriff of Cumberland County ,) WOLPOFF & ABRAMSON 01/31/2006 Sworn and subscribed to before me this 't 1~ day of 1~'7 J~C A~ bPI < . pr~ono' 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GREAT SENECA FINANCIAL CORPORATION ASSIGNEE OF ABSOLUTE RESOLUTION ASSIGNEE OF MITSUBISHI Plaintiff No, ()64~7 VS CIVIL ACTION. LAW ROBERT FRIZZI Defendant(sl PRAECIPE FOR JUDGMENT Please enter Judgment in lavor of Plaintiff and against Defendant(s), ROBERT FRIZZ! ANSWER TO COMPLAINT. for want of (X) Amount due Less credits TOTAL $16,76R.3R $ $I6,76R.38, plus interest and costs (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X) Pursuant to Pa,R,C.P, 237 (Notice of Praecipe for final judgment or decree). I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to hislher Attorney of Record, if any, after the default occured and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: ;'\"'\ \O\L \ Amy F.~le#87062 / Daniel F. Wolfson #20617 Philip C, Warholic #86341 / Andrew C. Svears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E, Ehasz #86469 / Robert N, Polas, Jr. #201259 Bruce H, Cherkis #18837 / Ronald S, Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P, Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor CampHill,PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff NOW, P'lprLl L /-,( ABOVE. By Deputy W&A File No, 138126675 ~AIN OFFICE ,rwo IRVINGTON CENTRE 7\)2 KING FARM BLVD., ROCKVILLE, MO 20850 REGIONAL OFFICES 10605 JUDICIAL DR, BLDG. A-S, FAIRFAX., VA 22030 110B E. MAIN ST., STE. 1003, RICHMOND, VA 23216 ,122 GREENWICH RO" VIRGINIA BEACH, VA 23462 119 N. MARKET ST_. STE. 1300, WilMINGTON, DE 19899 I VP-UEYBAN\<. am., OOX 1226, CI...ARKSEll..J. WV 26302 1660 TRINDLE ROAD, 3AD FLOOR. CAMP Hill. PA 17011 ?8632 ROADSIDE DR., STE. 265, AGOURA HillS, CA 91301 J9500 HIGH POINTE BLVD" STE. 250, NOVI, MI 48375 loo CANAL VIEW BLVD., ROCHESTER, NY 14623 ,,215 N, O'CONNOR BLVD.. BTE. 1060, LAS CQLlNAS. TX 75039 180 GlASTONBURY BLVD., GlASTONBUA'f, CT 06033 ~10 INTERSTATE NORTH PKWY_. BTE. 700. ATLANTA, GA30339 lOl CARLSON ?~'f _, STE. 303, MINNETQNKA, MN 55435 lAW OFFICES WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection (A National Collection Attorney Network Firm) 4660 TRINDlE ROAD 3RD FLOOR CAMP HILL, P A 17011 717-303-6700 OUTSIDE THE CAMP HILL LOCAL AREA (TOLL FREEl 1-800-758-0675 FACSIMILE 717-737-9051 PLEASE DIRECT ALL INQUIRIES TO THE CAMP H(LL OFFICE March '1, 2006 Robert Frizzi 519 Warren Streeet Lemoyne, PA 17043 NATIONAL COLLECTION ATTORNEY NETWORK AFFILlATEO FIRM LOCATIONS [NOT REGIONAL OFFtCES OF WOLPOFF & A8RAM~ON, L,LP,l . BIRMINGHAM, ALABAMA CEDA KNOLLS, NEW JERSEY ANCHORAGE, ALASKA RALEIGH, NORTH CAROLINA PHOENIX, ARIZONA FARGO, NORTH DAKOTA CABOT, ARKANSAS CLEVELAND, OHIO ENGLEWOOD, COLORADO OKLAHOMA CITY, OKLAHOMA FT. LAUOERDAlE, FLORIDA EUGENE, OREGON HONOLULU. HAWAIl PROVIDENCE, RHODE ISLAND BOISE, IDAHO COLUMBIA, SOUTH CAROLINA CHICAGO, ILliNOIS KNOXVILLE, TENNESSEE MERRILLVILlE, lNOIANA SANDY, UTAH KANSAS CITY, KANSAS MILWAUKEE, WISCONSIN lEXINGTON, KENTUCKY RAWLINS, WYOMING METAIRIE, LOUSlANA ST. LOUIS, MISSOURI GREAT FALLS, MONTANA OMAHA, NEBRASKA I A.C:: V~r::A.O:::: N~vAnA . The National Co!let;tion AUorney Network is an affiliation of separate law firms. ursofO~ration: '30 p.m. ETM-F IW&A File No, 138126675 RE: GREAT SENECA FINANCIAL CORPORATION ASSIGNEE OF ABSOLUTE RESOLUTION ASSIGNEE OF MITSUBISHI vs. ROBERT FRIZZI Dear Robert Frizzi: Enclosed herein please find a lO-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Amy F. Doyle 87062/ Daniel F. Wolfson #20617 Phili 41/ Andrew C. Spears #87737 avidR. Gallowa #87 Tonilyn M. Chippie #87852 arab E. Ebasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA l7011 Telephone: (717) 303-6700 Counsel for Plaintiff Enclosure cc: This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION ASSIGNEE OF ABSOLUTE RESOLUTION ASSIGNEE OF MITSUBISHI NO, 06497 Plaintiff VS. CIVIL ACTION - LAW ROBERT FRIZZI Defendant(s) TO: ROBERT FRIZZI 519 WARREN STREEET LEMOYNEPA 17043 DATE OF NOTICE: March 06, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO ALA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLEPA 17013- Amy F. Doyle #87 2/ Daniel F. Wolfson #20617 Phi' . Warholic #86341/ Andrew C. Spears #87737 . Gallowa #8 Tonilyn M, Chippie #87852 ara ,hasz #86469 / Robert N, Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No, 138126675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION ASSIGNEE OF ABSOLUTE RESOLUTION ASSIGNEE OF MITSUBISHI Plaintiff No. 06497 VS CIVIL ACTION - LAW ROBERT FRIZZ I Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND The undersigned counsel, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, Robert Frizzi, above-named, is over 21 years of age; is last known to reside at 519 Warren Streeet Lemoyne, County of Cumberland, Pennsylvania; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act and its Amendments, Date:~ COMMONWEAlTH OF PENNSYLVANIA NOlarlal Soal Kimberly L. Eisenhauer, Notary Public Hampden Twp" Cumberland County My Commission Expires Nov, t 7. 2009 Member, Penn.yfvanla Association of Notaries C-/ Amy F. Doyle #87062/ Daniel F. Wolfson #20617 Philip C. Warholic #86341/ Andrew C. Spears #87737 David R, Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E, Ehasz #86469/ Robert N, Pol as, Jr. #201259 Bruce H, Cherkis # 18837 / Ronald S. Canter #94000 Ronald M, Abramson #94266 WOLPOFF & ABRAMSON, L.L.P, Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 1701 I Telephone: (717) 303-6700 Counsel for Plaintiff SWORN and SUBSCRIBED to before me this ~ day of l-Jo v( h ,20ll)) h,mr)f,{ ~~R~'IWUCfL Notary Public W&A File No, 138126675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA GREAT SENECA FlNANCIAL CORPORA nON ASSIGNEE OF ABSOLUTE RESOLUTION ASSIGNEE OF MITSUBISHI Plaintiff No, 06497 VS CIVIL ACTION - LAW ROBERT FRIZZI Defendant(s) CERTIFICATE OF RESIDENCE PA, R,C,P, 236 I, hereby certify that the precise residence of Plaintiff is: Great Seneca Financial Corporation P,O, Box 1651 Rockville MD 20849.1651 and certify that the last known address of the within Defendant(s) is: Robert Frizzi 5\9 Warren Streeet Lemoyne PA 17043 Date: :)\ \"\ \ lJ\) \ \. Amy F. D;yl~87062 / Daniel F. Wolfson #20617 Philip C. Warholic #8634\ / Andrew C. Spears #87737 David R. Gal10way #87326 / Tonilyn M, Chippie #87852 Sarah E. Ehasz #86469 / Robert N, Polas, Jr. #201259 Bruce H. Cherkis # l8837 / Ronald S, Canter #94000 Ronald M, Abramson #94266 WOLPOFF & ABRAMSON, L.L.P, Attorneys in the Practicc of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 1701 I Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No, 138126075 ~ ..(A, c P 'l" ~ (--I --\\ ~ \ ~ 0 \) ~ -- -:t.. ~ -l }..) " ~ ~..,", ---.. ~ w f? -{') " Q.f c~' ~ r (" . ~, (" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREA T SENECA FINANCIAL CORPORATION ASSIGNEE OF ABSOLUTE RESOLUTION ASSIGNEE OF MITSUBISHI Plaintiff No, 06497 VS CIVIL ACTION - LAW ROBERT FRIZZI Defendant( s) NOTICE OF JUDGMENT ( x) Notice is hereby given that a JUdfment in the above.captioned matter has been entered against you in the amount of $16,768,38, plus interest, on t:Jf'(l..\ "-I ,200l.. , ( x) A copy of all documents filed with the Prothonotar By: within judgment is/are attached, If you have any questions regarding this Notice, please cont Date: ':l \ \"1 \ 11\"- I ~ Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M, Chippie #87852 Sarah E, Ehasz #86469 / Robert N, Polas, Jr. #201259 Bruce H, Cherkis # 18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P, Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff This Notice is given in accordance with Pa,RC.P, 236,) NOTICE SENT TO: Robert Fria.i 5 I 9 WaITen Streeet Lemoyne P A 17043 W&AFileNo, 138126675 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • GREAT SENECA FINANCIAL • CORPORATION; ASSIGNEE OF ABSOLUTE RESOLUTION; • ASSIGNEE OF MITSUBISHI : Plaintiff : No. 2006-497 z� `'") _..: vs. 01 "C C; mac: : CIVIL ACTION cD `v ROBERT FRIZZI, : n Defendant • ` PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION And now comes Plaintiff and submits the instant Motion to Compel, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of$16,768.38 plus costs was entered in Cumberland County on September 20, 2006. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on July 25, 2013. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. Counsel for Plaintiff has made a good faith effort to confer with Defendant, but Defendant has still failed to reply. 5. A copy of this Motion and proposed Order were mailed to Defendant, via first class mail on August 27, 2013. A certificate of Service is attached hereto as Exhibit"A". 6. As of September 12, 2013, Plaintiff has not received answers to the Interrogatories. 7. Plaintiff requires an Order pursuant to Pa.R.C.P. 4019 (a) (1) (I), compelling the Defendants to answer the Interrogatories. 8. No Judge has ruled upon other issues in this matter. 9. Concurrence with the Pro Se Defendant has been sought and denied. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and enter an Order directing the Defendant to answer Plaintiff's Interrogatories within twenty(20) days or risk sanctions, pay fees in the amount of$1 00.00, as well as such other and further relief as the Court may deem just and appropriate. lan R. Mege, Es.. Attorney ID No 81288 Attorney for • aintiffs P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL • CORPORATION; ASSIGNEE OF • ABSOLUTE RESOLUTION; • ASSIGNEE OF MITSUBISHI, • Plaintiff : No. 2006-497 vs. • : CIVIL ACTION ROBERT FRIZZI, Defendant • CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on August 27, 2013, I served a true correct copy of Plaintiffs Motion to Compel Defendant's Answers to Interrogatories in Aid of Execution and proposed Order by mailing same, first class,postage prepaid to: Robert Frizzi, 115 N. 2nd Street, Apt. 1, Lemoyne, PA 17403. By: 1111r11101.."'-- lan R. Mege, Es. .'re Atty. I.D. #812: : Attorney for P aintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF ABSOLUTE RESOLUTION; c ASSIGNEE OF MITSUBISHI, -0 Z — .4 Plaintiff No. 2006-497 ' _R VS. cr4 C:� CIVIL ACTION ,73 c5` ROBERT FRIZZI, r0 Defendant cb, � PRAECIPE FOR ENTRY OF APPEARANCE TO THE CLERK OF SAID COURT: Kindly enter my appearance on behalf of the Plaintiff in the above captioned matter. Date: September 12, 2013 By: n R. Mege, Esquir Atty. I.D. #81288 Attorney for Pla' tiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF L ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI IN THE COURT OF COMMON PLEAS Plaintiff OF THE NINTH JUDICIAL DISTRICT V. 2006-00497 CIVIL TERM ROBERT FRIZZI, Defendant IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES.IN AID OF EXECUTION ORDER OF COURT AND NOW, this& ay of September 2013, upon consideration of Plaintiff's Motion to Compel, a RULE is issued upon Defendant to show cause why an order compelling Defendant to respond to the Interrogatories in Aid of Execution should not be issued. PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20) days from the date of service by Plaintiff. BY THE COURT, Thomas A. Placey C.P.J. -Distribution: Ian R. M6ge, Esq. - r7l Robert Frizzi Co i.cs frzA,-LL COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • GREAT SENECA FINANCIAL • CORPORATION; ASSIGNEE OF • ABSOLUTE RESOLUTION; • ASSIGNEE OF MITSUBISHI, Plaintiff : No. 2006-497 rn co e,.) vs. • zr - r�r~; : CIVIL ACTION ROBERT FRIZZI, : o D giq efendant • zt„, z CERTIFICATE OF SERVICE I,Alan R. Mege, Esquire,hereby certify that on September 23,2013,I served a true correct copy of the Court's September 19, 2013 Rule, by mailing same, first class,postage prepaid to: Robert Frizzi, 115 N. 2nd Street, Apt. 1, Lemoyne, PA 17403. By: ■ R. Mege, Esquir= Atty. I.D. #81288 Attorney for Plai iff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL • CORPORATION; ASSIGNEE OF • ABSOLUTE RESOLUTION; • u ASSIGNEE OF MITSUBISHI, • --a v r Plaintiff : No. 2006-497 ' `�' r ra c� vs. • r© —rs v .: : CIVIL ACTION ROBERT FRIZZI : Z Defendant • : co PLAINTIFF'S MOTION TO MAKE THE RULE ABSOLUTE And now comes Plaintiff and submits the instant Motion to Make The Rule Absolute, and in support thereof avers as follows: 1. On September 19, 2013, a Rule was issued upon the Defendant, Robert Frizzi,to show cause why Plaintiff's Motion to Compel should not be granted. A copy of the Order is attach hereto as Exhibit"A". 2. The Rule Returnable was to be answered within twenty(20) days of service of the September 19, 2013, Order in the Office of the Cumberland County Prothonotary. As of October 18, 2013, no answer has been filed. 3. A copy of this Motion and proposed Order were mailed to Defendant, via first class mail on October 18, 2013. A certificate of Service is attached hereto. 4. Plaintiff requests that the Rule be made Absolute. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and enter an Order directing the Defendant to answer Plaintiff's Interrogatories within twenty(20) days or risk sanctions, pay fees in the amount of$100, as well as such other and further relief as the Court may deem just and appropriate. • lan R. Mege, Esq. Attorney ID No. :1288 Attorney for Plaintiff GREAT SENECA FINANCIAL �;'; �j 1"��I "' �'': a CORPORATION; ASSIGNEE OF •.. ,ar - "+ lj ABSOLUTE RESOLUTION; ASSIGNEE '�`° -1'' OF MITSUBISHI IN THE COURT OF COMMON PLEAS Plaintiff OF THE NINTH JUDICIAL DISTRICT v. • 2006-00497 CIVIL TERM ROBERT FRIZZ!, Defendant IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION ORDER OF COURT AND NOW, this eday of September 2013, upon consideration of Plaintiff's Motion to Compel, a RULE is issued upon Defendant to show cause why an order compelling.Defendant to respond to the Interrogatories in Aid of Execution should not be issued. • PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to • make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20}days from the date of service by Plaintiff. BY THE COURT, Thomas A. Placey C.P rn /� W «1 1 en Distribution: -0 rn�-�; Alan R. Mege, Esq. _ . - `<z? Robert Frizzi ;: ;�' :s_., r : �� .� h g S �; . ((AI( COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • GREAT SENECA FINANCIAL • CORPORATION; ASSIGNEE OF • ABSOLUTE RESOLUTION; • ASSIGNEE OF MITSUBISHI, Plaintiff : No. 2006-497 • vs. : CIVIL ACTION ROBERT FRIZZI, • Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on October 18, 2013, I served Plaintiff's Motion to Make the Rule Absolute mailing same, first class, post prepaid to: Robert Frizzi, 115 N. 2"d Street, Apt. 1, Lemoyne, PA 17403. By: ■/ — •1 R. Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff , P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 GREAT SENECA FINANCIAL CI ap1 1,c j CORPORTATION; ASSIGNEE OF 11 . ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, IN THE COURT OF COMMON PLEAS Plaintiff OF THE NINTH JUDICIAL DISTRICT v. 2006-00497 CIVIL TERM ROBERT FRIZZ!, Defendant IN RE: PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT ` „ AND NOW, this day of October 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED that the Rule issued on 19 September 2013 is hereby made absolute and Plaintiff's Motion is GRANTED. It is further ORDERED that Defendant must make full and complete answers to the interrogatories, without objection or motion for protective order, within twenty (20) days of service of this Order or appropriate sanctions and attorneys' fees may be imposed upon Defendant following application to this Court. PLAINTIFF shall effectuate service of this Order upon Defendant. BY THE C• Thomas A. Placey C.P.J. V!NV: iASNNJd Distribution: `'' (7'a'#iT Lc: Alan R. Mege, Esq. /Robert Frizzi `"' ` 0 � COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL • CORPORATION; ASSIGNEE OF • ABSOLUTE RESOLUTION; • ASSIGNEE OF MITSUBISHI, • Plaintiff : No. 2006-497 vs. • •• CIVIL ACTION cr `= ROBERT FRIZZI, Defendant • x.c3 - CD CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on November 1, 2013, I served a true correct copy of the Court's October 25, 2013, Order by mailing same, first class, postage prepaid to: Robert Frizzi, 115 N. 2nd Street, Apt. 1, Lemoyne, PA 17403. By: • an R. Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF • ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, • Plaintiff : No. 2006-497 VS. • t> , t : CIVIL ACTION `^-_ - -o (7'.. —Jar ROBERT FRIZZI, : C Defendant • PLAINTIFF'S MOTION FOR SANCTIONS And now comes Plaintiff and submits the instant Motion for Sanctions, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of$16,768.38 plus costs was entered in Cumberland County on April 4, 2006. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on July 25, 2013. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. After notice, a Motion to Compel was filed and an Order entered on October 25, 2013, requiring Defendant, within twenty(20) days, to make full and complete answers to Interrogatories. A true and correct copy of the October 25, 2013, Order is attached as Exhibit 5. As of December 20, 2013, Plaintiff has not received Defendant's answers to Interrogatories. 6. A copy of this Motion and proposed Order was sent to Defendant on December 5, 2013. A Certificate of Service is attached hereto. 7. Counsel for Plaintiff sent correspondence to Defendant on December 5, 2013, seeking concurrence, and Defendant has not responded. A true and correct copy of the correspondence is attached hereto as Exhibit "B". WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and Order that the Defendant shall pay a daily fine of$25.00 to the use of Plaintiff until Defendant complies with this Court's Order of October 25, 2013, and Defendant shall also pay $100.00 attorney's fees to Plaintiff within twenty (20) days of the date of this Order or appropriate sanctions may be imposed upon Defendant following application to this Court. Alan R. Mege, ' Attorney ID No. 81288 Attorney for Plaintiff PO Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- ®11.mw GREAT SENECA FINANCIAL d't 11 'j"�� i! u 3 .,a u,, CORPORTATION; ASSIGNEE OF r i`u ' °.4 ..�- ABSOLUTE RESOLUTION; ASSIGNEE ''% 4, OF MITSUBISHI, IN THE COURT OF COMMON PLEAS Plaintiff OF THE NINTH JUDICIAL DISTRICT v. 2006-00497 CIVIL TERM ROBERT FRIZZ!, Defendant IN RE: PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE w ORDER OF COURT AND NOW, this/2 day of October 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED that the Rule issued on 19 September 2013 is hereby made absolute and Plaintiff's Motion is GRANTED. It is further ORDERED that Defendant must make full and complete answers to the interrogatories, without objection or motion for protective order, within twenty (20) days of service of this Order or appropriate sanctions and attorneys' fees may be imposed upon Defendant following application to this Court. PLAINTIFF shall effectuate service of this Order upon Defendant. BY THE • Thomas A. Placey C.P.J. Distribution: G'iNVAViASNN d r; ti.1 Alan R. Mege, Esq. AI N1100 0138 t.inC ., ,► = ' J '...;•, ,. Robert Frizzi LS :Z bid 8? 130 c. i OCT 3 1 2013 . n n:-11.11-1. i 0,!d 3 R ! Id r.. U, 0 { LAW OFFICES OF ALAN R. MEGE, ESQ. P.O. BOX 1426 70 EAST BROAD STREET BETHLEHEM, PA 18016-1426 Licensed in PA and NJ (610) 954-5393 Todd A. Johns, Esq. Of Counsel (610) 954-5395 FAX AlanM_Esq @juno.com December 5, 2013 Robert Frizzi 115 N. 2"d Street, Apt. 1 Lemoyne, PA 17403 RE: Great Seneca Financial Corp. v. Frizzi No. 2006-00497 Dear Mr. Frizzi: Enclosed please find a copy of Plaintiff's Motion for Sanctions, which we intend to file with the Court. Please provide your concurrence or non-concurrence with regard to said Motion by December 19, 2013. I would appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions or comments, please feel free to contact my office. Very truly yours, -- Alan R. Mege ARM/cms Enc. This message is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • GREAT SENECA FINANCIAL • CORPORATION; ASSIGNEE OF • ABSOLUTE RESOLUTION; • ASSIGNEE OF MITSUBISHI, Plaintiff : No. 2006-497 • vs. : CIVIL ACTION ROBERT FRIZZI, • Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on December 5, 2013, I served upon Defendant,a true and correct copy of Plaintiff's Motion for Sanctions and proposed Order by mailing same,first class,postage prepaid to: Robert Frizzi, 115 N. 2nd Street,Apt. 1,Lemoyne,PA 17403. By: Ala ' . ege, Esquire tty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 GREAT SENECA FINANCIAL a� :04111It ` CORPORATION; ASSIGNEE OF Sin. ABSOLUTE RESOLUTION; ASSIGNEE "` ` OF MITSUBISHI, IN THE COURT OF COMMON PLEAS Plaintiff OF THE NINTH JUDICIAL DISTRICT v. 2006-00497 CIVIL TERM ROBERT FRIZZI, - n`' Defendant IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this day of January 2014, upon consideration of Plaintiff'sMotion for Sanctions, it is hereby ORDERED that Plaintiff's Motion is GRANTED. It is FURTHER ORDERED that $100.00 in counsel fees are awarded to Plaintiff and against Defendant as compensation for the preparation, service, and presentation of the Motion. The $100.00 in counsel fees shall be paid by Defendant within twenty (20) days of service of this Order. It is FURTHER ORDERED that Defendant shall pay a daily fine of$25.00 per day to the use of Plaintiff until Defendant complies with this Court's Order of 25 October 2013, requiring Defendant to make full and complete answers to the Interrogatories in Aid of Execution. If Defendant provides said answers to Plaintiff within 30 days of the filing of proof of service with this Court, the daily fines will be purged. However, if Defendant has failed to provide the answers after 60 days from the filing of proof of service, the daily fine will thereafter increase to $50.00 per day. If Defendant has failed to provide the answers after 90 days from the filing of proof of service, the daily fine will thereafter increase to $75.00 per day. If Defendant has failed to provide the answers after 120 days from the filing of proof of service, the daily fine will thereafter increase to $100.00 per day. It is this Court's intention to encourage Defendant to provide full and complete answers to the interrogatories and should be noted that Defendant has 30 days to do so before any fines, other than the $100.00 counsel fees, will be imposed. PLAINTIFF shall effectuate service of this Order upon Defendant. Proof of service must be filed with this Order to begin the calculation of daily fines. BY THE COURT Thomas A. Placey C.P.J. Distribution: Alan R. Mege, Esq. Robert Frizz' acTI.CS revA, //3//11 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL : L CORPORATION; ASSIGNEE OF c " ABSOLUTE RESOLUTION; • - LL.• ASSIGNEE OF MITSUBISHI,. ;- Plaintiff : No. 2006-497 (pr.- I ,..`- -t ' co c) c`' yam. c ---`, >(-)c-) vs. =c:) - c,c:_. CIVIL ACTION ,7 " ROBERT FRIZZI, -S` Defendant . CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on January 6, 2014, I served a true correct copy of the Court's January 3, 2014,Order,by mailing same, first class,postage prepaid to: Robert Frizzi, 115 N. 2nd Street, Apt. 1, Lemoyne, PA 17403. By: ■11/11111111111111111rP- .n R. Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 it COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, Plaintiff vs. ROBERT FRIZZI, : No. 2006 -497 : CIVIL ACTION Defendant PLAINTIFF'S MOTION FOR CONTEMPT And now comes Plaintiff and submits the instant Motion for Contempt, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of $16,768.38 plus costs was entered in Cumberland County on April 4, 2006. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on July 25, 2013. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. After notice, a Motion to Compel was filed and an Order entered on October 25, 2013, requiring Defendant, within twenty(20) days, to make full and complete answers to Interrogatories. A true and correct copy of the October 25, 2013, Order is attached as Exhibit 5. After notice, a Motion for Sanctions was presented to the Court and an Order entered on January 3, 2014, requiring Defendant to pay a fine of $100.00 to the use of the Plaintiff until Defendant complies with the Court's Order of October 25, 2013, requiring Defendant to make Ity full and complete answers to the interrogatories. A true and correct copy of the January 3, 2014, Order is attached as Exhibit "B ". 6. A true and correct copy of the January 3, 2014, Order was served upon Defendant on January 6, 2014. A copy of the Certificate of Service is attached as Exhibit "C ". 7. As of April 7, 2014, the Plaintiff has yet to receive the answers to interrogatories, court awarded fees, or court imposed fines. 8. A copy of this Motion and proposed Order were mailed to Defendant on April 7, 2014. A Certificate Of Service is attached hereto. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and direct the Prothonotary to issue a bench warrant for Robert Frizzi, 115 N. 2 "d Street, Apt. 1, Lemoyne, PA 17403, and deliver the warrant to the Sheriff and Defendant shall also pay $100.00 attorney's fees to Plaintiff within fourteen (14) days of the date of this Order or appropriate sanctions will be imposed upon Defendant following application to this Court. an R. Mege, Esq. Attorney ID No. 8 88 Attorney for Pl) tiff GREAT SENECA FINANCIAL CORPORTATION; ASSIGNEE OF ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, Plaintiff y. ROBERT FRIZZ!, Defendant IN RE: PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 4\ ORDER OF COURT AND NOW, thi day of October 2013, upon consideration of Plaintiff's nizt IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2006 -00497 CIVIL TERM Motion to Make Rule Absolute, it is hereby ORDERED that the Rule issued on 19 September 2013 is hereby made absolute and Plaintiff's Motion is GRANTED. It is further ORDERED that Defendant must make full and complete answers to the interrogatories, without objection or motion for protective order, within twenty (20) days of service of this Order or appropriate sanctions and attorneys' fees may be imposed upon "Defendant following application to this Court. PLAINTIFF shall effectuate service of this Order upon Defendant. BY THE Distribution: Alan R. Mege, :Esq. Robert Frizzi Thomas A. Placey ' iNVA:IASNN3d n.l�if 0. Cirri ►`?386d11J LS -z Wd IIZ 130 C ;i% I .i' C.P.J. • • OCT 3 1 2013 3 GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, Plaintiff v. ROBERT FRIZZI, Defendant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2006 -00497 CIVIL TERM r- < ORDER OF COURT >c c. AND NOW, this Z day of January 2014, upon consideration of Plaintiff's W Motion for Sanctions, it is hereby ORDERED that Plaintiff's Motion is GRANTED. It is FURTHER ORDERED that $100.00 in counsel fees'are awarded to Plaintiff and against Defendant as compensation for the preparation,.service, and presentation of the Motion. The $100.00 in counsel fees shall be paid by Defendant within twenty (20) days of service of this Order. It is FURTHER ORDERED that Defendant shall pay a daily fine of $25.00 per day to the use of Plaintiff until Defendant complies with this Court's Order of 25 October 2013, requiring Defendant to make full and complete answers to the Interrogatories in Aid of Execution. If Defendant provides said answers to Plaintiff within 30 days of the filing of proof of ,service with this Court, the daily fines will be purged. However, if Defendant has.failed to provide the answers after 60 days from the filing of proof of • service, the daily fine will.thereafter.increase to $50.00 per day. '.If Defendant has - failed to provide the answers after 90 days from the filing of proof of service, the daily fine will IN RE: PLAINTIFF'S MOTION FOR SANCTIONS thereafter increase to $75.00 per day. If Defendant has failed to provide the answers after 120 days from the filing of proof of service, the daily fine will thereafter increase to $100.00 per day. it is this Court's intention to encourage Defendant to provide full and complete answers to the interrogatories and should be noted that Defendant has 30 days to do so before any fines, other than the $100.00 counsel fees, will be imposed. PLAINTIFF shall effectuate service of this Order upon Defendant. Proof of service must be filed with this Order to begin the calculation of daily fines. BY THE COU Thomas A. Placey C.P.J. Distribution: Alan R. Mege, Esq. Robert Frizzi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, Plaintiff vs. ROBERT FRIZZI, : No. 2006 -497 : CIVIL ACTION Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on January 6, 2014, I served a true correct copy of the Court's January 3, 2014, Order, by mailing same, first class, postage prepaid to: Robert Frizzi, 115 N. 2nd Street, Apt. 1, Lemoyne, PA 17403. By: C an R. Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016 -1426 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, Plaintiff vs. ROBERT FRIZZI, : No. 2006 -497 : CIVIL ACTION Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on April 7, 2014, I served a true correct copy of Plaintiffs Motion for Contempt and proposed Order by mailing same, first class, postage prepaid to: Robert Frizzi, 115 N. 2' Street, Apt. 1, Lemoyne, PA 17403. By: n R. Mege, Esquir Atty. I.D. #81288 Attorney for P1. intiff P.O. Box 1426 Bethlehem, PA 18016 -1426 (610) 954 -5393 GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, Plaintiff V. eountp of eumberlattb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT ROBERT FRIZZ!, Defendant 2006-000497 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR CONTEMPT ORDER OF COURT AND NOW, this 16th day of April 2014, upon consideration of Plaintiff's Motion for Contempt, it is hereby ORDERED that a Contempt hearing is scheduled for 28 May 2014 at 3:30 p.m., in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Plaintiff's request for counsel fees will be addressed at the above-scheduled contempt hearing. It is specifically noted that Defendant is DIRECTED to appear at the above- scheduled hearing. Failure to appear MAY result in the issuance of a bench warrant for Defendant's arrest. .Distribution: viAlan R. Mege, Esq. /Robert Frizzi BY THE COURT Thomas A. P acey C.P. . VINVAlASt4t43c1 AiNc103 ONVinawn3 ZS it Wa 91. HO 11101 i1,3111040MI0 U 3 0-031 .• COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, Plaintiff VS. ROBERT FRIZZI, : No. 2006 -497 : CIVIL ACTION Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on April 21, 2014, I served a true correct copy of this Court's April 16, 2014, Order by mailing same, first class, postage prepaid to: Robert Frizzi, 115 N. 2 "d Street, Apt. 1, Lemoyne, PA 17403. By: A . ' . Mege, Esquir Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 -1426 (610) 954 -5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (--) !"7 °13 r in rt1 z. -- f w <c -' z C-: vs. GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, Plaintiff : No. 2006 -497 ROBERT FRIZZI, Defendant : CIVIL ACTION PRAECIPE TO WITHDRAW PLAINTIFF'S MOTION FOR SANCTIONS TO THE CLERK OF SAID COURT: Please withdraw the Motion for Contempt filed in the above - captioned matter. Date: May 28, 2014 Alan R. Mege, Esq. Attorney ID No. 81 Attorney for Plai ff P.O. Box 1426 Bethlehem, PA 18016 (610) 954 -5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORPORATION; ASSIGNEE OF ABSOLUTE RESOLUTION; ASSIGNEE OF MITSUBISHI, Plaintiff vs. ROBERT FRIZZI, : No. 2006 -497 : CIVIL ACTION Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on May 28, 2014, I served upon Defendant, a true and correct copy of Plaintiff's Praecipe to Withdraw Plaintiff's Motion for Sanctions by mailing same, first class, postage prepaid to: Robert Frizzi, 115 N. 2nd St. Apt 1, Lemoyne, PA 17043. By: Ala . ' . Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 -1426 (610) 954 -5393 GREAT SENECA FINANCIAL IN THE COURT OF COMMON PLEAS OF CORPORATION; ASSIGNEE OF CUMBERLAND COUNTY, PENNSYLVANIA ABSOLUTE RESOLUTION; THE NINTH JUDICIAL DISTRICT ASSIGNEE OF MITSUBISHI, Plaintiff v ROBERT FRIZZI, Defendant CIVIL ACTION - LAW 2006-0497 CIVIL TERM IN RE: MOTION DISMISSED ORDER OF COURT AND NOW, this 28th day of May, 2014, the Court waiting 15 minutes for either party to appear on Plaintiff's Motion for Contempt, and neither party having appeared, the motion is dismissed without prejudice. By t Alan R. Mege, Esquire P.O. Box 1426 70 East Broad Street Bethlehem, PA 18016-1426 For Plaintiff ..//r(obert Frizzi 519 Warren Street Lemoyne, PA 17043 :mae copi-gs cor-tpy Thomas A. Placey C.P.J. -c --