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HomeMy WebLinkAbout02-1245 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs VS. STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually, TO THE PROTHONOTARY: Defendants CIVIL ACTION NO. /.Y~P- /o~(,'~ CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a true and correct copy of which is attached to the Complaint filed in this action, I, appear for the Defendants and confess judgment in favor of the Plaintiffs and against the Defendants as follows: Principal and Interest Due Attorneys' Commission (5%) Subtotal: Additional Costs of Suit $21,575.07 $887.84 $22,462.91 $114.50 Post Judgment Statutory Interest (6% per annum) from Date: 3/13/02 Amount: Total: ~)~ ~ Respectfully submitted, Dated: March I~., 2002 Paige Macdonald-Matthes, Esquire Paula D. Shaffner, Esquire Pa. I.D. No. 66266, 43542 Saul Ewing LLP Two North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs 628842.3 3/12/(12 02H~R 13 ,r'i~ l:bC~ CUM~PZi:~,_/~,~,~z) COURTY ?ENNSYLV/~4IA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA GEORGE E. CARRIGER and : DOROTHY E. CARRIGER, : Plaintiffs : : VS. STEELTON CAPITAL, LTD. and : GEORGE J. GARCIA, Individually, : : Defendants : CIVIL ACTION ~ CONFESSION OF JUDGMENT AND NOW, comes Plaintiffs, George E. Carriger and Dorothy E. Carriger, by and through their counsel, Saul Ewing LLP, and file their Complaint pursuant to Pa. R.C.P. No. 295 l(b) for judgment by confession and aver the following: 1. The Plaintiffs George E. Carriger and Dorothy E. Carriger ("Plaintiffs") are residents of the Commonwealth of Pennsylvania, residing at 106 Heisey Avenue, Rheems, PA. 2. Pursuant to the Notes attached hereto, the Defendant, Steelton Capital, Ltd. ("Steelton") represents that it is a Delaware business corporation having an address in Pennsylvania located at 5250 Simpson Ferry Road, Suite 330, Mechanicsburg, PA 17055-3514. Upon information and belief, Steelton also has a pennsylvania business address located at P.O. Box 934, Mechanicsburg, PA 17055-8934. 3. The Defendant George J. Garcia ("Garcia") is Chairman of Steelton and a resident of the Commonwealth of pennsylvania. Upon information and belief, Garcia has an address located at P.O. Box 274, Camp Hill, Cumberland County, PA 17001. 4. On or about April 8, 1998, Steelton signed a Note reflecting Steelton's commitment to repay a fifteen thousand dollar ($15,000) loan received from Plaintiffs. A true 628842.3 3/12/02 and correct copy of the April 8, 1998 Note is attached as Exhibit "A". Pursuant to the terms of the April 8, 1998 Note, Steelton agreed to pay Plaintiffs the sum of seventeen thousand one hundred dollars ($17,100), together with fourteen percent (14%) simple interest on the Note and to repay the principal within one year. 5. Garcia signed a personal guarantee of Steelton's obligations arising out of the April 8, 1998 Note. See Exhibit "A". 6. On or about October 8, 1999, Steelton and Garcia executed a second Note and Guaranty in the sum of $16,871.80 when the original loan was not repaid. Tree and correct copies of the October 8, 1999 Note and Guaranty are attached hereto and are collectively marked as Exhibit "B". 7. On or about April 18, 2000, Defendants executed a third Note and Guaranty in the sum of $17, 756.88 when the first two (2) Notes were not repaid. A tree and correct copy of the April 18, 2000 Note and Guaranty are attached hereto and are collectively marked as Exhibit "C". 8. Thereafter, payment under the third Note was extended informally through February 18, 2001 with Defendants continuing to add interest through the extensions in a "Payoff Calculation". By Defendants' own calculations, by December 19, 2000, Defendants admitted they owed Plaintiffs Twenty One Thousand One Hundred Eighteen Dollars and Eighty Eight Cents ($21,118.88). A tree and correct copy of the "Payoff Calculation" prepared by Garcia, as evidenced by his initials at the bottom left comer, is attached hereto as Exhibit "D". 9. Notwithstanding Garcia's acknowledgement of the outstanding debt, Garcia repeatedly tried to renegotiate the amounts due under the three (3) Notes. A true and correct copy of a settlement agreement prepared by Defendant Garcia in or about December 2001 in -2- which Defendant Garcia admits the history of the Notes and corresponding personal Guarantees issued by Defendant Garcia, is attached hereto and is marked as Exhibit "E". 10. Defendants have failed, and continue to fail to pay Plaintiffs the principal and interest due under the Notes. 11. Defendants' failure to pay Plaintiffs constitutes a material breach of the Notes and Guarantees. 12. By letter dated July 20, 2001, Plaintiffs' counsel advised Defendants of their default and Plaintiffs intention to confess judgment. A tree and correct copy of which is attached hereto as Exhibit "F". 13. The Notes and Guarantees were prepared by the Defendants. 14. The Notes and Guarantees on their face authorize Plaintiffs to confess judgment against Defendants for the amounts due, plus interest as stated, costs of suit and reasonable attorneys' fees not to exceed five percent of the principal of the Notes. 15. The collective sum due for principal and interest under the April 18, 2000 Note is $21,540.04. This sum is broken down as follows: $17,756.88 principal 16. Interest at 18% from 5/18/2000 through 3/12/02 (1 year + 67 days at $8.76 per day) $3,818.19 Judgment has not been successfully entered in any jurisdiction on the attached insmnaents. 17. 18. The attached instruments have not been assigned. The judgment by confession sought by Plaintiffs is not against a natural person in connection with a consumer credit transaction. -3- 628842.3 3/12J02 19. The additional costs for attorneys' fees and costs of suit is as follows: (a) Attorneys' Fee 5% on $17,756.88 $887.84 $14.50 (b) Filing Fees $100.00 (c) Sheriff's service costs 20. Defendants' failure to pay the principal, interest and other charges payable to Plaintiffs under the April 18, 2000 Note and Guaranty provides Plaintiffs with the authority to file this Complaint. WHEREFORE, Plaintiffs, George E. Carriger and Dorothy E. Carriger, respectfully request that this Honorable Court enter judgment by confession against the Defendants for monetary damages as authorized by the attached instruments in the sum of $22,577.41, plus post- judgment interest and cost of suit. Respectfully submitted, Paige Macdonald-Matthes, Esqmre Pa. I.D. No. 66266 Paula D. Shaffner, Esquire Pa. I.D. No. 43542 Saul Ewing LLP Two North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs Dated: March i2,,, 2002 -4- 6288423 3/12/02 Received 06/10~2001 O9:0/.P~ in 01:32 on Ii 0r~/10/200~- 20:07 Sg?3gB7 tO] for SUPERVISOR gORKSRV1 printed 800803B5 an 06/10/2001 · JILL TROSTLE 09:06P~ '* pg pAGE . '$15,000.00) ' dol¼rs, the undersigned STEELTON ~o,4n~, recerved Iffteen thousand (. ;--- to-'ay' seventeen thousand one hundred a co ra.o-, pro--, ,-. paymen $17s.00 ($17,100.00) dol~ - payable tn ~elve (1~) equ~ interot only mont~, ~in~in~ one (1) month f~m the date hereof - ~ing fou~ecn (14%) percent interne only; and to ~pay ~e p~P~ sum of $17,1~.00 ~dve (12) mont~ from ~e date his being n discount note - to GEORGE E. - . ~.., ~, event less thnn $17,~00.00, t ~ ~ nn~ 1 . ~ms, PA 17570, or at ~ereos _- o .... ~ ~swwlGE~ l~He~y Avcnu~ r.~ ..... 67. such other p~ce as the holder he--of rosy, from time to designate iff writing. In the event of defa~t tn the payment when due ~d the continu~ce of such ddault for a period of fiReen (15) days after written notlc~ (by ce~i~ed or reglster~ mall or h~nd ddlve~), of such default ~ r~iv~, th~ Note sh~l b~r inter~t at thc r~te of eighteen 08%) percent simple interest until paid. ~en~t of p~ym~ notice of dishonor, protes~ and notice of prot~t a~ he,by waive.. Cou~ of record, and for it a~d in its nnme, to confess . The mawr of ~ Hole ~reby au~o~ and empowe~ ~Y attorney of ~Y u~n defa~t to app~ ~ ~Y Cou~ having jur~dicfion, judgment against it, in favor of~e holder of this Note and for the amount then due on the Not~ plus interne ~ hereinabove stated, costs of suit, and a re~onable attorney's fcc not to exceed five (5%) percent of the principal amount of thb Note. Stay of execution is hereby w~ived and the ~emption of personal prope~ from le~ and s~le on ~ny execution ~ express~ waive. STEELTON CAPITA~ LTD. 52~} Simpson F~ry Road Suite 330 Mechanicsburg, PA 17055-3514 ~.eceived 06/10/~Z001 09:0~'PH in 01:22 on tine [0] for sUPERVISOR ~ORKSRV1 @tinted BOOBO~I~ on uo/ ~v/ .... JILL TROSTLE 0B/~0/2001 20:07 3G75907 PAGE The undersigned docs hereby uncondltlonalty personally guaranty payment of thc attach.ed $1'1,100o00 note (the "Note") o[ Steelton Capital, Ltd. notice of d~honor~ protest, and notice of protest are hereby v~aived. of Presentment of payment, The guarantor of this Note hereby authorizes and empower~ any attorney of any Court re~ord, upon default to appear in any Court having jurisdiction, and for him and in his name, to confess judgment against him, in favor of the holder of this Note and for the amount then due on the Note, plus interest as herelnabove stated, costs of suit, and a reasonable attorney*s (5%) percent of the principal amount of thk~ l~ote. Stay of execution i~ fee not to e~xceed five of personal property t'rom levy and sale'on any execution is hereby waived and the exemption 5150 Simpson Ferry Road Suite 330 blech~nicsburg, ?A 1'7055-3514 i~eceived'12/27/2001 0?:49AM in 01:54 07/18/2001- 20:91 367396. 'ine [10] for 4023 ~ORKSRV2 printed B00A031r JILL TROSTLE 12/27/2001 0?:51AM * pg 4/5 pAGE 04 Commonwealth of Pennsylyania DATE: 8 October 1999 H. aving received sixteen thousand three hu. ndred and eighty dollars and thirty- e~ght (38) cents ($16,380.38), the undersigned STEELTON CAPITAL, LTD., a Delaware Corporation, promises to pay sixteen thousand eight hundred seventy-one dollars and eighty (80) cents ($16~/1,80) two (2) mouths from the date hereof- this being a discount note - to GEORGE E. AND DOROTHY E. CARRIGER, 106 Heisey Avenue, P.O. Box 167, Rheems, PA 17570, or at such other place as the holder hereof may, from time to time, designate in writing.. In the event of default in the payment when due and the continuance of such default for a period of fifteen (15) days after written notice, (by certified or registered mail or hand delivery), of such default is received, this Note shall bear interest at the rate of eighteen (18%) percent simple interest until paid. Presentment of payment, notice of dishonor, protest, and notice of protest are hereby waived. The maker of this Note hereby authorizes and empowers any attorney of any Court of record, upon default to appear in any Court having jurisdiction, and for him and in his name, to confess judgment against him, in favor of the holder of this Note and for the amount then due ou the Note, plus interest as herein above stated, costs of suit, and a reasonable attorney*s fcc not to exceed five (5%) percent of the principal amount of this Note. Stay of execution is hereby waived and the exemption o.f personal property from levy and sale on any execution~is also expressly waived. STEELTON C~LTD. By:~ 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 1705~.3fl14 Receiveo' 12/29/2001 02:40PM in 00:56 ¢ ;ne [11] for 4023 I~ORKSRV2 printed B00A06C ~ 12/29/~001 02:42PH * Pg 2/2 ..... .~ does hereby uncon~flon~Y.pe~n~ . ..... . .... ~.,~ ke~~ ~umv~-~ --~ .' - ..... ] far h~ ~n~ mnts u~ · Note, pl~ m~s M doe on ~ _. ~.. ~-/.x ~ot of ~e p~c~pa~ ..... ~.~ s~nle on ~Y e~c~on f~ not ~ exe~ ~w ~ .-/r- .. he.by wa~ ~d the ~p~on Suite 330 Mechanjesburg, PA 170SS-3S14 Discount Note $17,756.88 Commonwealth of Pennsylvania DATE: 18 April 2000 Having received Seventeen thousand four hundred ninety-four ($17,494.46) dollars, the undersigned STEELTON CAPITAL, LTD., a Delaware Corporation, promises to pay seventeen thousand seven hundred fifty-six dollars and eighty, eight ($17,756.88) one (!) month from the date hereof- this being a discount note - to GEORGE E. AND DOROTHY E. CARRIGER, 106 Heisey Avenue, P.O. Box 167, Rheems, PA 17570, or at such other place as the holder hereof may, from time to time, designate in writing. In the event of default in the payment when due and the continuance of such default for a period of fifteen (15) days after written notice, (by certified or registered mail or hand delivery), of such default is received, this Note shall bear interest at the rate of eighteen (18%) percent simple interest until paid. Presentment of payment, notice of dishonor, protest, and notice of protest are hereby waived. The maker of this Note hereby authorizes and empowers any attorney of any Court of record, upon default to appear in any Court having jurisdiction, and for him and in his name, to confess judgment against him, in favor of the holder of this Note and for the amount then due on the Note, plus interest as herein above stated, costs of suit, and a reasonable attorney's fee not to exceed five (5%) percent of the principal amount of this Note. Stay of execution is hereby waived and the exemption of personal property from levy and sale on any execution is also expressly waived. STEELTON~' By:~ 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 GUARANTY The undersigned does hereby unconditionally personally guaranty payment of the attached $16,17,494.46 discount note (the "Note") of Steelton Capital, Ltd. Presentment of payment, notice of dishonor, protest, and notice of protest are hereby waived. The guarantor of this Note hereby auth°rizes and empowers any attorney of any Court of record, upon default to appear in any Court having jurisdiction, and for him and in his name, to confess judgment against him, in favor of the holder of this Note and for the amount then due on the Note, plus interest as herein above stated, costs of suit, and a reasonable attorney's fee not to exceed five (5%) percent of the principal amount of this Note. Stay of execution is hereby waived and the exemption of personal property from levy and sale on any execution is also expressly waived GEORGE ',ARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Agreed upon payoff figure as of 19 December 2000 · Principal $15,000 · Interest $ 5,484 Extension Date - 19 February 2001 Per Diem rate of Interest $~0' ._18 X $ 20.484 = $3.687.12 (year) 360 $10.24 day Payoff Figure on or before Extension Date · Principal · Interest · thru 18 December 2000 = · 19 Dec thru 19 February 2001 · 62 days X $10.24 Per Day $15,000.00 5,484.00 634.88 $20,484 OD CWPT SCLDEt JHOTE-C ARRIGERJPAYOFF ~9 lAN 01 GIG O~ E-mall message · arciajd@yahoo. COm (G I GARCIA) From: ~u~, ~ 13, 2001, 6:59am (EST-3) Date: To: g~orocktish~EBTV.~et Subject: Settlement Agreement pBRSOHAL AND CONFIDENTIAL Settlement lqegotiations ./' Ce. erie and Dorothy Carfiger 2' DWp Dead Date of 15 December ' 2001 is hcrcOy revoked an~ ,- ,.- ' · Your recent actions have made it impossible for you to tmthfull)' m$_ke the representations contained in the Agreereent and for mc to secure the necessary apl~rOyals; _ -ninls necessary or rcquircd to raise the money to repay - in full - the Principal'Sum of the SCLDEL toen. .n,~, 1~ a sham~, since I had tricU.~_o~se~...,,u,, ,,rinci~at; to add insult to i~,u. ry_..you~ ._:. _. l suess mat is u~c ~.,.-~- ~ - - hospital and funeral bill.., It has been my practice to make ONE offer and NOT to mak~ a 'low bail" offer and subsequently raise or increase ii; but IF a so:ond offer is reade, that it be LOWER than the first. However, s'mce you have suspended or effectively terminated or undermined ANY off, r, their can .n~.....be o._~:.~-~ - ---r""~ would in all probabi_l~ty have · ' 'on on y~ ti{at an re~pxu~u$ acu. nit of financing ANY had warred you ~ P e'ud~¢e the opporm I, .......... suits for you and could p.r .1 --- *-*, ~rad reissect th~. window reoa~reent. Severa~ umes, ~,~,_-~.~.. ~X,;.~t it forever. · ~i~'rmnii~'; now, yo~ scere m .-.- * .... h is said that "while genius knows it limits - stupidity knows NO bounds!" ievcs his back and oth6r problems. I hope the G~.r~.. ?lj.e..~. ~crr~ Cluistmas and a hapPY New Ycarl In any event, I unto ~u,,.... ~-.~ Geor$c ]. Cxarcia, LD. _------ ~ Auct/ons fo~ all of ]~)ur unique holidal~ gifts! oot y~llool l~llopplll~ anu . · uctlo~ls OO.Com Check ......... ---.- core or bid at ht~.l/a .yah Buy at htip:l/snopptu/.y~,oo- LO68L98 Li:VO ~'l. LSObl£ "I'1I£ uo 90:90 u! Hdft:90 ~OOE/g~/Z~ ~8 ~d ' i/E Ed e ~d0Z:90 ~00Z/9~/Z~ uo 96~600~ pelulud ZAaS~0~ £Z09 dot [0~ eutl THIS AGREEMENT (the "Settl--ment Agreement"), is made by, between snd/or smonE George E. Carriger and/or Dorothy E. Carriger (jointly and severally hereinafter called ~Lender") and George J. Garcia (hereinafter c~-]led ,,Gusrsntor and/or BACKGROUND · Ltd., a WHEREAS, Lender funded a $15,000.00 (the "Principal Sm") loan to Steelton Cap~tal, evidvaced by a certain Discount Note (the "First Note") from Delaware corporation C'Borr°wer''), ' Borrower to Lender, dalecl 8 April 1998, which note was g,,.ranteed by thc Cmarantor. WHEREAS, the First Note was repaid and refin~ved by a certain Discount Note in the amount of $16,380.38' dated 8 October, 1999, (the "Second Note") from Borrower to Lender, which note was g. aranteed by the C-~-~rantor. WHEREAS, the Second Note was repaid and refinanced by a cer~aln Discount Note in the amomat of $17,756.88, dated 18 May 2000, (the "Third Note") from Borrower.te Lender, which was guaxanteed by the G~.~rantor, WHEREAS, the Third Note has been extended by various written extension agrex~ents by and among the Lender, Borrower, and C-uar~tor (jointly the"Third Note Exteas~on Agreements ) wx the Third Note and the Third lqote Ex-lermion Agreements ave incorporated herein by reference and made a part hereof and hereinafter are called, jointly and severally, "the Loan. WHERBAS, there have been a series of transactions by, between, and/or among the Lender, Borrower, and/or C. nlarantor relsiing to the First Note, the Second Note, The Third Note, and the Third Note Extension Agreements - including, without !!mliatlon, the giving to Lender by Borrower of various postdated checks (with the refmancinigs and/or extensions of the First and/or Second Notes) - which checks have been and are being held by the Lender and which represent promisso~ notes of Borrower to Lender to facilitate payment by the Borrower and said checks/promissory not~ became null and void upon the issuance of the Third Note); WHEREAS, the Third Note and the Third Note Bxtension Agre~-nents are herdtm/k'r called, jointly and severally "the Lean" and are ~vid~nem of Borrower's 1~4ng initially advanced or lent, by the · Lender, th~ sum of $15,000.00 (the "Principal Sum") plus certain interest payments on principal balances of said loan. WHE.R~A$, Lender and C_nucra~or desire hereby to settle any and all past, present, and future disputes and differm, ces relating to the Loan and/or any matter related thereto and/or arising out of. page one of four ~./£ Ed ~ HdO~:90 Lg6~tg~ L~:~O I00~/0I/L0 WHEREFOP~, in consideration the pro~ni~s and cov~mts herein cont_~iued, the adequacy and sufficiency of which are acknowledged by the Le~er, in,,e~aln~ to Be Icily bound ~hereby, Lender and OJ'O mut~.!_slly v,~rcc as follows: l. The foregoing Back~round is fac~.~!!y cor~ct and complete and is made a pa~t of this Settlement Ali~'ment and/or the AGRBBMBNT portion lbercof. That upon payment Of the Principal Sum of the Loan Le., the sum of SIS,000.00 - to the '~. . Lender - on or before 31 March 2002 (~ "Tenuination Date" of this Settlement Al~eement): A. Lender will and hereby does accept the ~me bm full satisfaction and discharge of the Loan and/or any Loan guaranuy by OlG thereof and releases the Borrower and Guarantor; B. The payment of the Principal Sum is and will be in full settlement, accord, and satisfaction of any and all claims, demands and causes of action of every nature which the Lender now has and/or hereinafter may have al~ainst thc Borrowcr and/or the Guarantor because of the Loan or any matter arisin~ out of or related thereto and remiscs, releases, a~l forever discharges Borrower and/or Ouarantor from any further claims, payments, debts, demands, damages, actions and causes of action under and erst to the Loan, any ~nty a~muent thereof, or any ma{te~(s) arising ~ut of or related thereto ('including, without limi~iion, Lender's legal fees or costs); Lender indemnifies and holds hanulc~s ]B~rowcr and/or Ouaran~ fi-om and and/or C. any and all liability, cl-{m~ action or cause of action, matter(s), loss, cost . (includln8 lei{al fees and costs) arisini{ or 8rowin{{ out of or related to the First Lo.,.-; Second Loan, thc Third Loan. the Third Loan Bxiension ASrecmcu~s, and/or any 8uaranty agr~mcnt(s) thereto - iucludiu$, without limitation, Lender's lesal fees and costsl. Any release and/or indcumificai~on by Lender o£ Bm, uwer and/or O'-'.:rantot herein D. set forth shall, will, and does extend to any and all heirs, executors, adminlslrators, successors, diteeters, members, officers, employees, and/or assigns of Bon'ower and/or Ouaran~or §ointly and ~evcrally the Released/Iudemu~ed Parties") - and ruus or is valid from the bc~,,~i-$ until the end of time. 3. Upon payment of thc principal Sum, Lender hereby expressly al~es (from the b~n,min~ Guarantor from and unlil time end of tlme).to indemnify and hold harmless Borrower and/O~auscd' resullinl{ f~om ,~{n~ any and all claims, loss, d'msses, injury, and liabiliU/however pa~e U~ of five LO6£/.gE Ltl :1~0 I00~/0i/L0 y./,~ ILl ,, Hd0~:?0 t001/St/l{, uo ,~6~t6001] pelu.~, ~^1{$)1 £~0~ ~o~ £0l] . - or arising out of the I~h~t, Second, and/or Third l~lotes and/or The Third Not~ Extension A~-eemenis and/or the Loan and/or riffs Settlement Agreement ' incl~rling' vi&out ILmitation. Lender's 1¢~1 fcc$ or expenses. Lender has and will not during the term of this Agreement 0.c, unlil after th~ Tc~_ inalion ~vc Bon~w~ and/or Gt~'antof any notice of default undcr thc Loan, scck to enter Date"), or confess any judgemcnt(s) oI~ the Loan, or take or permit to be falcon any aclion to collect any sum(s) which may be due the Lender undcr thc Thkd Loan and/or the Third Loan Extension A~eements and/or any ~uu~nty thcreof. ~_0 DO SO. LF~NI)I~R AGRRES. TI~.IlltTO. -- and will survive arid not bc merged Thc l~lcasc and Indo~fi~ provisions hereof shall and/or thc Loan, into the payment of the principal Sum, the cancellation of the Third Note · of this Scttlcmcnt A~recment the breach and/or subs~'~al repudiation and/or cancellatlye~ Or bappenln$. by thc Lcr~lcr,'and/or any oth~ docum~ut, instrument, Should the pfinc½p~l Sum not bC paid to the Lender on or before lhe Termination Date, this S~'d~ment AI~-emCnt is null and void. Upon payment of the principal Sum, Lender will remm to OlO the original of all holes, · · released, checks, ~mranty agreements, and extension ~ecm~ts marked prod m full and dated, and si~ned by the Lender. ~Jlfl VOl' ' Tins Agreement ~ be null__.~.,.,~ ~,~ G-ONLY by prepakl, regm~r,x~' returned by L.ender to.,. -~ ~ember 2901 (the Drop Dead Date ). class U.S. mail, on or oe~ore · This Sci0-~nent Agreement shall, will, and does survive and not be merged into payment of the principal Sum, any b~-~h, repudiation, or cancellation hereof by the Lender, and/or page ii.cc of five J./~ Ed ~, HdOg:90 LO6E:/.98 L~ :t~g I001lOIItg 3"LL~O~J- "1-11£ ' I, OOZ/~L/ZI, uo 969:1600g polu.I. Jd ZA~I$~O~ ~'~09 ao]. [0[,1 ~u-ti uo 90:*/0 u.t gd~,:90 LOOZ/g~,/Z[. Pg^ta'~e~ 12. any other document, Lusttument, event, or happening. The I)a~e of this Agra©meat shall nnd w~ll for all pm'poses be the dat~ that it is executed by GJG. ' Notices shall be given at Rte follo',~4ng addresses - for v. uy and all purposes - AND must be by prepaid, ~ar, first class U.S. mail ONLY, or by such r~gular mail at such oth~ address as a party shall so notify an other party. · LENDER: Oeorgc F.. Can'ig~r and/or Dorothy E. ~ger P,O, Box 1~? · GUARANTOR: George 3. Cmrcia P.O. Box 934 Mechanicsberg, PA 17055-8934 13. This Settlement Agreement is cxec,_~_ed in t~iplic~t¢ by the psrtics, each to bavc the full force and e~ect of the originai for sll puCposes and with each counterparts comtitutin8 one original sfreement. · · ' cttlcraent Ag~%~'ment is ruled to be illegal, not bindin~ or invalid 14. If ~y prowsmn of this S ,. __ ~. X_=.~..--~..~ ss if sdd movision(s) never existed. ..-- ___'-.~ +h,.~.,'~ ~lnll llot I~e ¢lZC~l~ ~-~'~'.~, -- 1 $. Each patty he. to acknowlcdgcs rcceil~ of a complete copy hereof. 16. This Agreement is cxccuted in nnd shall be governed by the laws of the Stato of ·. · · hereto, md rrmy only bc changcd or modified in writing, stoned by all pnt~es Pcnnsylvnni~ . __., .._.~...~o,,ai.. between the parties, mer~n~ herein any sets forth the entire agreement ~ ,,,~,~,o-....--o there ~e absolutely no and nil prim omi or written agrecmcnts or unde~stnndings nnd with oral or writtcn contempornneou~ tt~r~ments or understana;ngs. IN WITNESS WHBKBOF, the pat'tics hcrcto h~ve set their hands and seals, ns of the dates ~et forth, in a~reement of thc fore~olng end intending to bc lc~ally bound thereby, George E. Cnrdg~ WITNess: Doro~¥ E. cnrdger page four of five Z/9 Nd0Z:"/0 L00Z/gI,/E$. uo 96"/=1600g pe~,u!Jd ZASS~II~0~ ~'Z0~/ JO~. [01,] eUtl 90:90 WI~SS: ' George ~. Garcia pa~e five of five LO ~9~c~ 'a"U.~I.L "1'1I[' ' I. OOZ/91./ZI, uo t6+/J6009 pe~.u.~Jd Z^1t$)1tI0/~ ~"'~0~ JOJ. [01,] eU.L1 UO 'zO:*~O u.t Hd~l.:'~O I. OOZ/91./ZI, pe^~eoal~ 'Received' 12/28/2001 09:45AH in 01:52 DEC 28 2~t 09:56 FR ine [$] for 4023 WORKSRV2 printed BOOA_O~F? _ EWING 215 9~ ~ ]u . 12/28/2001 09:48_A~__.*~Pg~ 3/5 725'-/9583~- H. ~,~,~,' c.,.,, I ' 8 Z001 09:/,5/~ in 01:52 Received 1~/~/2G 21~l 1~9:56 FR L line [3] for 4023 ~ORI~SRV2 printed GOOAO4F3 12/28/2001 09:48AR * pg 2/5 - F~: ~l~'tgts lu[y 20, 2001 CF..,R.TIFI.ED ~ A~D .... '~S M. AIT~ U.S. FII~ST ~b,~o~ .... 'Stcelto~ C~i~I, Ltd. 5250 S~pson ~ ~ S~tc 330 ~h~nlcsb~g, PA 1~055-3154 A~: Geo~Se I. ~ia, Esquke ~o~IC[ OF DEFA~T O~ ~O~ PAY~LE TO Ret ~ORG[ E. ~ DOROT~ c~R Dc~r Mr. Garda: ...... ~ncction with ~o~ · · Wcr~~t . _ ~, o ~e~8 ~mcnOc~ ,~ ;' °btiSa2. - --cnt of your oblisab°ns ~der me dcfiult m ~e pa~ default ~ acco[~Ce ~ ~e p~o~sions of ~e Note. of ~e Mclud~ ~torcst, uot bc ~ecgved on or bef~ Au~st 4, Shoed Pa~~t ~ ~B' ~ou~t of~ Note, ~tere~ costs, 2001, aJM~~t will bc ~e4 as~st you for ~e ~ll a~omcys fe~ ~d ~t Other ~heft0. N~ch thc C~gcrs ~c en~tl~d. PDS/kg CERTIFIED t~C]~ll"t' NO. 7000 0600 0022 45'/.~ 9142 pete. D. stmffncr Market SKeet, 3I'l Floor · ~ puo~: titS) 912~ , ,~,.AD~LP~iA PKINCETO~ HArrISBURG ~EW yO~K r~,-,, · - d'lZ/28/2001 09:45AH in 01:52, Receive DEC 2B 2~- 09:5-? FR - ~.ine [3~Gfor 4023 140RKSRV2 printed BOOAO4F3 _ E[dIH 2~5 97~ ~ TO : -- ~ 48AH * pg 5/5 'Item TOTAL pAGE. 05 f~eceived'12/28/2001 09:45AM in 01:52! DEC 28 2~i 09:,T~ FR S, ine [3] for 4023 WORKSRV2 printed BOOAO4F3 · EWING 215 9T~2 ?72"5 TO . 6 July 20, 2001 CERTIFIED MAIL AND U.S. FIleT CLASS M~IT~ George I. Garda, Esquire 5250 Simpson F~rO' Road Suite 330 Meohanicsbtttg, PA 17055-3154 Dcat Mr. G-arcla: We r~present George E. and Dorothy E, Carrigcr in connection with your obligations undcr a Notc dated April 8, 1998, as emended ("Note"). You are and have been in default in the payment of your obligations under the Note. This letter constltutcs written notice of the default in accordance with the provisions of thc Note. nt in full, inclufling interest, not be r ~e~i.,'v_c. cl. on_ o.,r__ ,b_c/i7c~A~7t 4, Should paymc ...... ,__ Am -,~,unt olthe i, qo~c, ut~o,~,,,, . 2001, ajudip~entwmo~,,,,,.,., o-- ; - · . alior~ys fees and all other rehef to whkh the Carflgcrs are enhtlco ...... Very truly yours, PDS/kE CERTIFIED RECEIPT NO. 7000 0600 0022 4575 9159 Paula D. phons: ~15) ~T2=T?77 + FSX: (211) 97~?T2~ CHESTBR~OOK HARRISbUrG NEW YORK PHILADELPHIA pRINCETOfl WILMINGTON VERIFICATION I, Dorothy E. Carfiger hereby acknowledge that I have read the foregoing Complaint; and that the facts stated therein are tree and correct to the best of my knowledge, information and belief. I understand also that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Dated:? 628~42.3 3/7/02 VERIFICATION. I, George E. Carriger hereby acknowledge that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand also that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Dated: / George E. Carriger 628842.3 3/7/02 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER, VS. Plaintiffs STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually, Defendants CIVIL ACTION /.,¢( AFFIDAVIT OF LAST KNOWN ADDRESS. I, hereby, certify that the last known address of Defendant, STEELTON CAPITAL, LTD is P.O. Box 934, Mechanicsburg, PA 17055-8934. Respectfully submitted, P~ig~ Macdonald-Matthes, Esquire Pa. I.D. No. 66266 Paula D. Shaffuer, Esquire Pa. I.D. No. 43542 Saul Ewing LLP Two North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs Dated: March _x--%-, 2002 628842.3 3/7/02 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER, VS. Plaintiffs STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually, Defendants CIVIL ACTION No. AFFIDAVIT OF LAST KNOWN ADDRESS, I, hereby, certify that the last known address of Defendant, GEORGE J. GARCIA is P.O. Box 274, Camp Hill, PA 17001. Respectfully submitted, Paige Macdonald-Matthes, Esquire Pa. I.D. No. 66266 Paula D. Shaffner, Esquire Pa. I.D. No. 43542 Saul Ewing LLP Two North Second Street, 7* Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs Dated: March ~:2~., 2002 6288423 3/7/02 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA. GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs VS. STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually, Defendants CIVIL ACTION : NOTICE OF JUDGMENT George J. Garcia P.O. Box 274 Camp Hill, PA 17001 You are hereby notified that on the }~ day of ~/rla~2002 judgment by confession of judgment was entered against you in the above matter in the amount of $ together with interest and costs. Date Prothonotary /~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 625842.3 3F//02 I HEREBY CERTIFY THAT THE FOLLOWING IS THE ADDRESS OF THE DEFENDANT STATED IN THE CERTIFICATE OF RESIDENCE: George R. Garcia Box 274 Camp Hill, PA 17001 Respectfully submitted, Dated: March ['k, 2002 Paige Macdonald-Matthes, Esquire Pa. I.D. No. 66266 Paula D. Shaffner, Esquire Pa. I.D. No. 43542 Saul Ewing LLP Two North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs 6288423 3/7/02 A: Demando(s) Por esta medio sea avisado queen el dia admision fue registrado contra usted por la cantidad de escrito. Fecha: el dia de de de 2001. 2002, un fallo por del caso antes Date: Prothonotary LLEVE ESTA DEMANDA A LIN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Por este medio certifico que 1o siguiente es la direccion del demandado dicho en el certificado de residencia: George J. Garcia P.O. Box 274 Camp Hill, PA 17001 Abogado(a) de Demandante(s) 628842.3 3/7/02 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER, VS. Plaintiffs STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually, Defendants CIVIL ACTION No. - I q ,5 did NOTICE OF JUDGMENT Steelton Capital, Ltd. P.O. Box 934 Mechanicsburg, PA 17055-8934 You are hereby notified that on the ]3 day of ~ 2002 judgment by confession of judgment was entered against you in the above matter in the amount of $ together with interest and costs. Date Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 628842.3 3/7/02 I HEREBY CERTIFY THAT THE FOLLOWING IS THE ADDRESS OF THE DEFENDANT STATED IN THE CERTIFICATE OF RESIDENCE: Steelton Capital, Ltd. P.O. Box 934 Mechanicsburg, PA 17055-8934 Respectfully submitted, Dated: March [l~, 2002 acdonald-Matthes, Esquire Pa. I.D. No. 66266 Paula D. Shaffner, Esquire Pa. I.D. No. 43542 Saul Ewing LLP Two North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs 628842.3 3/7/02 A: Demando(s) Por esta medio sea avisado queen el dia admision rue registrado contra usted por la cantidad de escrito. Fecha: el dia de de de 2002. 2002, un fallo por del caso antes Date: Prothonotary LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Por este medio certifico que lo siguiente es la direccion del demandado dicho en el certificado de residencia: Steelton Capital, Ltd. P.O. Box 934 Mechanicsburg, PA 17055-8934 Abogado(a) de Demandante(s) 628842.3 3f7/02 George Garcia was actually served with this paper on March 22, 2002 on behalf of Steelton Capital. He said that he had nothing to do with the company and laid the one set of papers on the counter in the Sheriff's office and walked out. Please put this in the file in your office. Thanks, George Garcia was actually served with this paper on March 22, 2002 on behalf of Steelton Capital. He said that he had nothing to do with the company and laid the one set of papers on the counter in the Sheriff's office and walked out. Please put this in the file in your office. Thanks, GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Vo Plaintiffs STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action Docket No. 02-1245 Civil PRAECIPE TO FILE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: Attached for filing is an Affidavit of Service received from the Kent County, Delaware Sheriff's office regarding service of the Complaint on the Secretary of State of the State of Delaware, in accordance with 8 Del. C. §321(b). May 8, 2002 Respectfully submitted, Paige M~tcdonald-Matthes, Esquire PA Supreme Court ID #66266 SAUL EWlNG LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorney for Plaintiffs 89400.1 5/8102 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to File Affidavit of Service, was served on the following by first class mail on May 8, 2002 at the following address: George Garcia P.O. Box 934 Mechanicsburg, PA 17055-8934 Steelton Capital, Ltd. 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Paige MhcdOnald-Matthes 89400~ 1 518/02 GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Vo Plaintiffs STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action Docket No. 02-1245 Civil RULE AND NOW, this I t~'~ day of May 2002, upon consideration of the Plaintiffs' Motion for Sanctions and to Compel Attendance of Defendants Steelton Capital, Ltd. and George J. Garcia at Deposition, a copy of which is attached hereto, a Rule is issued upon Defendants, to show cause, if any they have, why Plaintiffs' Motion should not be granted. Rule returnable days from the date of service. BY THE COURT: K1680.2 518t02 FILeD-OFF'ICE 02 NA'f 1~. Pi~ 3: I ? CUMD~RU,.~'45 COU!'~Y PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Vo Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually Defendants. Civil Action Docket No. 02-1245 Civil MOTION FOR SANCTIONS AND FOR COURT ORDER DIRECTING DEFENDANTS' ATTENDANCE AT DEPOSITION IN AID OF EXECUTION AND NOW, come Plaintiffs, George E. Carriger and Dorothy Carriger (hereinafter collectively "Plaintiffs") by and through their counsel, Saul Ewing, LLP, and file their Motion For Sanctions and For Court Order Directing Defendants Attendance at Deposition in Aid of Execution, and in support thereof avers as follows: 1. On March 13, 2002, Plaintiffs confessed judgment against Steelton Capital, Ltd., and George J. Garcia (hereinafter collectively "Defendants"). 2. On March 22, 2002, the Cumberland Coumy Sheriff served George J. Garcia, individually and on behalf of Steelton Capital, Ltd. with a copy of the Complaint and Notice of Deposition in Aid of Execution. A true and correct copy of the Sheriff's return is attached hereto and is marked as Exhibit "A". 3. Defendant Garcia had previously accepted service of legal process from the Cumberland County Sheriff on behalf of Defendant Steelton in other proceedings before this Court and was so advised by the Sheriff on March 22, 2002 when he refused to take Defendant Steelton's copy of the Complaint after the Sheriff handed him the same. 4. On April 8, 2002, Plaimiffs' counsel also served Defendant Steelton Capital, Ltd. via the Delaware Secretary of State through the Kent County, Delaware Sheriff's office, notwithstanding the fact that Plaimiffs' counsel has received formal notification that Steelton 87680.2 518102 Capital, Ltd. is not registered in the State of Delaware. A true and correct copy of the Sheriff's return from Kern County, Delaware is attached hereto and is marked as Exhibit "B". True and correct copies of the Re-Void Certificates issued by the Secretary of State for the State of Delaware are attached hereto and collectively marked as Exhibit "C". 5. Pursuant to the Notice of Deposition, Defendants were to appear at Harrisburg office of Saul Ewing, LLP on Thursday, May 4, 2002 for a deposition in aid of execution. Defendants were further directed to produce at the deposition certain documents pertaining to the judgment entered and the identification of the Defendants' assets. A true and correct copy of the Notice of Deposition is attached hereto and is marked as Exhibit "D". 6. On Monday, April 1, 2002, Defendant Garcia notified Plaintiffs' counsel via email that he would be unable to attend the deposition scheduled for April 4, 2002. 7. After a series of attempts to coordinate a mutually convenient time and date for the deposition, May 7, 2002 was the date selected at Defendant Garcia's request. True and correct copies of the emails regarding the re-scheduling of the deposition are collectively attached hereto and marked as Exhibit "E". 8. On Wednesday, May 1, 2002, at 8:22 p.m. Defendant Garcia sent an email to Plaintiffs' counsel advising that he would not be attending the deposition and offered a myriad of reasons including the fact that he had scheduled a doctor's appointment for May 7, 2002 notwithstanding the fact that he has known since April 4, 2002 of the deposition in aid of execution. A true and correct copy of Defendant Garcia's email is attached hereto as Exhibit matter. 9. Neither Defendant has appealed the entry of judgment against them in this 87680.2 5/8/02 -2- 10. Plaintiffs believe and therefore aver that Defendant Garcia will continue to avoid responding to discovery otherwise pei-mitted by the Court in this matter unless and umil an Order is issued by the Court directing Defendant Garcia's attendance at deposition. 11. Plaintiffs have already been and will cominue to be prejudiced by Defendant Garcia's willful and deceitful conduct. 12. As a direct and proximate result of Defendant Garcia's conduct, Plaintiffs have had to incur the additional cost of preparing and filing a Motion to Compel for which Plaintiffs should be reimbursed. WHEREFORE, Plaintiffs, George E. Carriger and Dorothy Carriger, respectfully requests that this Honorable Court grant their Motion to For Sanctions and award Plaintiffs attorneys fees and costs incurred to date with regard to the filing of this Motion in the sum of $396.00, plus additional attorneys fees and costs associated with further proceedings concerning this motion. Plaintiffs further request that this Honorable Court issue and Order directing Defendant's Appearance at the Deposition in Aid of Execution to be scheduled at the office of Plaimiffs counsel, and further award Plaimiffs all such other relief as is proper and just. Date: May ~//, 2002 $7680.2 518102 -3- Respectfully submitted, SAUL EWING, LLP Paige Mficdonald-Matthes Attorney ID No. 66266 Penn National Insurance Tower 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs Exhibit A SHERIFF'S RETURN - REGULAR CASE NO: 2002-01245 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARRIGER GEORGE E ET AL VS STEELTON CAPITAL LTD ET AL SGT. DAVID ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGE, NOTI was served upon GARCIA GEORGE J the , 2002 DEFENDANT , at 1300:00 HOURS, on the 22nd day of March at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to GEORGE J GARCIA a true and attested copy of CONFESSION OF JUDGE, NOTI together with JUDGEMENT, COMPLAINT FOR CONFESSION OF 07JDGEMENT, AND NOTICE OF DISPOSITION IN AID OF EXECUTION and at the same time directing His attention to the content's thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 03/26/2002 SAUL EWING By: Deputy " Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-01245-- COMMONWEALTH OF PENNSYLVAiqIA: COUNTY OF CUMBERLAND CARRIGER GEORGE E ET AL VS STEELTON cApITAL LTD ET AL SGT. DAVID ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGE, COMP was served upon STEELTON CAPITAL LTD the DEFENDANT , at 1300:00 HOURS, on the 22nd day of March at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to GEORGE J GARCIA ' a true and attested copy of CONFESSION OF JLrDGE, COMP together with FOR CONFESSION OF JUDGEMENT AND NOTICE OF JUDGEMENT and at the same time directing His attention to the contents thereof. Additional Comments ALL PAPERS WERE ACTUALLY HANDED TO GARCIA, BUT HE SAID HE WAS NOT , : oo2 AFFILIATED WITH THAT COMPANY AND LEFT THE ONE SET LAY ON THE COUNTER IN THE SHERIFF'S OFFICE. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this day of A.D. So A~nswers: R. Thomas Kline 03/26/2002 SAUL EWING By: Prothonotary Exhibit B JIM HIGDON SHERIFF Rent ( ountp l eriff's O fite COURTHOUSE 38 THE GREEN DOVER, DELAWARE 19901 3O2 / 736-2161 STATE OF DELAWARE COUNTY OF KENT AFFIDAVIT OF SERVICE I, David Henderson, Deputy Sheriff of the County of Kent, Delaware, being duly sworn, do certify that I served the within Writ of Confession OK Judgement this 8~h day of April, A.D. 2002 at 11:15 a.m. personally upon HARRIET SMITH WINDSOR, Secretary of State of the State of Delaware, by leaving with her a true and correct copy of the said Summons for the defendant: STEELTON CAPITAL, LTD. and a copy of the Complaint For Confession Of Judgement, Notice Of Judgement and Affidavit Of Last Known Address for the said defendant, together with the sum of Fifty Dollars, as prescribed by Title 8, Section 321(b) of the Delaware Code of 1953. SO Returns, Deputy Sheriff of Kent County Sworn to and Subscribed before me this 16~h day of April, A.D. 2002. - -' .'" ~PPOI~ ': ~_~. Not'ary Public - / - ~ OC~.3 O :. =. Commlsslon Expires: 10/3/05 =o{ -' '~001 : %,,,,' ...........':~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA GEORGE E. CARKIGER and DOROTHY E. CARRIGER, Plaintiffs VS. STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, IndiVidually, Defendants CIVIL ACTION No. CONFESSION OF JUDGMENT TO THE PROTHONOTARY: Pursuant to the authority contained in the warrant of attorney, a true and correct copy of which is attached to the Complaint filed in this action, I, appear for the Defendants and confess judgment in favor of the Plaintiffs and against the Defendants as follows: Principal and Interest Due Attorneys' Commission (5%) Subtotal: Additional Costs of Suit $21,575.07 $887.84 $22,462.91 $114.50 FILED Post Judgment Statutory Interest (6% per annum) firom Date: 3/13/02 Amount:' Total: Dated: March 12-., 2002 RespeCtfully submitted, Paige Maedonald-Matthes, Esqt~tre Paula D. Shaff~er, Esquire Pa. I.D. No. 66266, 43542 Saul Ewing LLP Two North Second Street, 7t~ Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs Exhibit C fte JZirst State PAGE I I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE CERTIFICATE OF INCORPORATION OF "ABRAXES, INC.", WAS RECEIVED AND FILED IN THIS OFFICE THE FOURTH DAY OF JUNE, A.D. 1985. AND I DO HEREBY FURTHER CERTIFY THE SAID "ABRAXES, INC." FILED A CERTIFICATE OF CORRECTION, CHANGING ITS NAME TO "ABRAXES, LTD.", ON THE SIXTH DAY OF JUNE, A.D. 1985, AT 12 O' CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THE SAID "ABRAXES, LTD." FILED A CERTIFICATE OF AMENDMENT, CHANGING ITS NAM~ TO "STEELTON CAPITAL, LTD.", ON THE SECOND DAY OF MARCH, A.D. 1987, AT 9 O' CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE A~ORESAID CORPORATION IS NO LONGER IN EXISTENCE AND GOOD STANDING UNDER THE LAWS OF THE STATE OF DELAWARE HAVING BECOME INOPERATIVE AND VOID THE FIRST DAY OF MARCH, A.D. 1988 FOR NON-PAY~.NT OF TAXES. AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID CORPORATION WAS SO PROCLAIMED IN ACCORDANCE WITH THE PROVISIONS OF GENERAL CORPORATION LAW OF THE STATE OF DELAWARE ON THE TWENTY-THIRD DAY OF JUNE, A.D. 1988, TEE SAME HAVING BEEN Harriet Smir~ Windsor, Secretary of State 2063432 8400 AUTHENTICATION: 1723423 020227033 DATE: 04-15-02 q~he first State PAGE 2 REPORTED TO THE GOVERNOR AS HAVING NEGLECTED OR REFUSED TO PAY THEIR ANNUAL TAXES. Harriet Smith Windsor, Secretary of State 2063432 8400 020227033 AUTHENTICATION: 1723423 DATE: 04-15-02 qTte First State PAGE I I, HAI~RIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE CERTIFICATE OF INCOP~ORATION OF "STEELTON CAPITAL, LTD.", WAS RECEIVED AND FILED IN THIS OFFICE THE SECOND DAY OF SEPTEMBER, A.D. 1994. AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID CORPORATION IS NO LONGER IN EXISTENCE AND GOOD STANDING UNDER THE LAWS OF THE STATE OF DELAWARE HAVING BECOME INOPERATIVE ~ VOID THE FIRST DAY OF M/~/~CH, A.D. 1996 FOR NON-PAYMENT OF TAXES. AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID CORPORATION WA~ SO PROCLAIMED IN ACCORDANCE WITH THE PROVISIONS OF GENERAL CORPORATION LAW OF THE STATE OF DELAWARE ON THE THIRTIETH DAY OF MAY, A.D. 1996, THE SAME HAVING BEEN REPORTED TO THE GOVERNOR AS HAVING NEGLECTED OR REFUSED TO PAY THEIR ANNUAL TAXES. 2432064 8400 020227033 H~ie~Smi~ Windsor, Secre~ofS~m AUTHENTICATION: 1723424 DATE: 04-15-02 Exhibit D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs VS. STEELTON CAPITAL, LTD. and GEORGE $. GARCIA, Individually, Defendants CIVIL ACTION NO. 01-6408 TO: NOTICE OF DEPOSITION IN AID OF Ex'FCUTION GEORGE J. GARCIA c/o P.O. Box 934 Mechanicsburg, PA 17055-8934 PLEASE TAKE NOTICE that the deposition of GEORGE J. GARCIA will be taken at the Law Offices of Saul Ewing LLP, 2 North Second Street, 7~ Floor, Penn National Insurance Tower, Harrisburg, Pennsylvania on May 7, 2002 commencing at 10:00 a.m. until excused before a Court Reporter duly authorized to administer the oath, pursuant to Rule 4007.1 of the Pennsylvania Rules of Civil Procedure. In accordance with Rule 4009.1 of the Pennsylvania Rules of Civil Procedure, the Deponent is requested to bring with h/m to the deposition the items and/or documents listed in Exhibit "A," which is attached hereto and incorporated herein by reference. Dated: April 4, 2002 ReSpectfully submitted, Paige Macdonald-Matthes, Esquire Saul, Ewing LLP Penn National Insurance Tower 2 North Second Street, 7th Floor Harrisburg, PA 17108-1291 (717) 238-7675 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Paige Macdonald~Matthes, Esquire, hereby certify that on this 4~ day of April, 2002, I served a tree and correct copy of the foregoing Notice of Deposition of George J. Garcia, via First Class U.S. Mail upon the following: George J. Garcia c/o P.O. Box 934 Mechanicsburg, PA 17055-8934 Paige Macdonald-Matthes EXHIBIT "A" 1. Copies of the Articles of Incorporation and the Corporate Minute Book for Steelton Capital, Ltd. 2. Copies of any Articles of Dissolution for Steelton Capital, Ltd. years. Copies of Corporate tax returns for Steelton Capital, Ltd. for the past five (5) 4. Copies of all financial statement prepared on behalf of Steelton Capital, Ltd. or submitted by Steelton Capital, Ltd. to any lender or lending institution during the past five (5) years. 5. Copies of all certificates of title to any property owned by Steelton Capital, Ltd., including any copies of any UCC filings. 6. Copies of all loan documents prepared at the request of or on behalf of Steelton Capital, Ltd. during the past five (5) years. J. Garcia. Copies of all loan documents prepared at the request of or on behalf of George 8. Copies of all bank statements for Steelton Capital, Ltd. generated during the past five (5) years. 9. Copies of all bank statements for George J. Garcia, individually, generated during the past five (5) years. 10. Copies of all titles for vehicles owned by Steelton Capital, Ltd. or vehicles in which Steelton Capital has or may have had an ownership interest. 11. Copies of all titles for vehicles owned by George J. Garcia, individually, or in which George J. Garcia has or may have had an oWnership interest. 12. Copies of all deeds to real property, wherever situate, in the name of Steelton Capital, Ltd., or in the name of Steelton Capital, Ltd. and another party. 13. Copies of all deeds to real property, wherever situate, in the name of George J. Garcia, or in the name of George J. Garcia and another party. Exhibit E From: Macdonald-Matthes, Paige Sent: Thursday, April 04, 2002 10:37 AM To: 'G J GARClA' Subject: RE: Deposition We will schedule your deposition for May 7, 2002. Please bring with you the documents referenced in Exhibit "A" which attached to the notice of depositon. Thank you. ..... Original Message ..... From: G J GARCIA [mailto:gjgarciajd@yahoo.com] Sent: Thursday, April 04, 2002 10:30 AM To: Macdonald-Matthes, Paige Subject: RE: Deposition Ms. Macdonald-Matthes: If the 30th doesn't work, how about 2 May 02 or 7 May 2002 at 10:00 AM. Ail the Best! --- -Macdonald-Matthes, Paige" <PMacdonald-Matthes@saul. com> wrote: > Mr. Garcia: > > I received an email from you with no message. > Please confirm your > availability for deposition on April 30, 2002 at > 1:30 pm. > > Paige Macdonald-Matthes > > ..... Original Message ..... > From: G J GARCIA [mailto:gjgarciajd@yahoo.com] > Sent: Wednesday, April 03, 2002 10:44 PM > To: Macdonald-Matthes, Paige > Subject: RE: Deposition > > > > --- "Macdonald-Matthes, Paige" > <PMacdonald-Matthes@saul-com> wrote: > > Mr Garcia: > > > > I am in receipt of your email. While I am > available > > on April 30, > > 2002, I am not available at 10:00 am. I would > > suggest that we schedule your > > deposition for 1:30 pm on April 30, 2002 instead. > > Please confirm your > > availability. >> > > Paige Macdonald-Matthes >> > > ..... Original Message ..... > > From: G J GARCIA [mailto:gjgarciajd@yahoo.com] > > Sent: Wednesday, April 03, 2002 2:39 PM > > To: PMacdonald-Matthes@saul.com > your ~>>> >>>> >>>> >eve > Subject: RE: Deposition > Ms. Macdonald-Mattes: If the 30th doesn't w°rk, how about 2 May or 7 May 02 at 10:00 AM? Please let me know. Ail the Best! > > Ms. Macdonald-Matthes: > > Thanks for your concern about my health. I have > recovered from my back injury and am really trying > NOT > to become or be "infirm." There will not be > any surgery in the immediate future. > > I expect to conclude most of the testS and > consultations the week of 21 April 2002 and suggest > the following dates (at 10:00 AM) - either 30 April > > 2002 or 2 May 2002. > > > > By so doing, I have not waived any right, remedy, > > action, or cause of action. > > > > Let me know (by e-mail) which date "works" or if > you > > > > need to suggest subsequent alternate dates. > > > > All the Best! > > --- G J GARCIA <gjgarciajd@yahoo.com> wrote: > > > Ms. Macdonald-Matthes: > > > > > > Got your e-mail, will check available dates, and > > > send > > > you an e-mail tomorrow. > > > > > > All the Best! > > > > > > > > > ___ -Macdonald-Matthes, Paige" > > > <PMacdonald-Matthes@saul.com> wrote: > > > > Mr. Garcia: > > > > I am in receipt of your email and acknowledge > > > that > > > > you will not be > > > > present at our office for deposition on the > date > > > set > > > > forth in the Notice. I > > > > would point out that you raised as an issue alleged infirm condition to the court in February 2002. Moreover, in your previous email to me (dated February 6, 2002 and sent at 11:08 pm on the >>>of > > > > the last scheduled > > > > deposition), you suggested that you were > > > > incapacitated due to problems with > > > > your back and that you were taking "150% of > the 2 Exhibit F From: Sent: 1'0: Subject: Macdonald-Matthes, Paige Monday, May 06, 2002 10:40 AM Albright, Aimee J. FW: Notice of Deposition - reply Paige Macdonald-Matthes Saul Ewing, LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 (717) 257-7583 (Fax) Pmacdonald-matthes@saul.com <mailto:Pmacdonald-matthes@saul.com> ..... Original Message ..... From: Macdonald-Matthes, Paige Sent: Thursday, May 02, 2002 9:59 AM To: 'GEORGE J GARCIA' Subject: RE: Notice of Deposition - reply Mr. Garcia: Please be advised that Steelton Capital was served by the Delaware Secretary of State on April . The Secretary of State was served with the Complaint via the Sheriff in Kent County, Delaware on April 8, 2002. The Secretary of State has reported that Steelton Capital was served at its last known address on April 10, 2002. Please be further advised that we also have an affidavit from the Secretary of State that Steelton Capital, Ltd. is defunct. The Cumberland County sheriff's office has served you and Steelton Capital with the Complaint. Despite your protestations that you could not accept service of the Complaint on behalf of Steelton, the Sheriff advised you that have waived this claim by virtue of the fact that you previously accepted service on behalf of Steelton. Along with the complaint, the Cumberland County Sheriff served you with the notice of deposition together with the document request. You have acknowledged that you received the same. It is also worthy of note that you failed to pick up the certified letter that was sent to your "P.O. Box". Moreover, you waited 26 days AFTER you knew that the deposition was scheduled (per our exchange of emails) to "inform me that you 'had not been served.'" Obviously you were aware of the deposition otherwise you would not have known to contact me. Furthermore, per your request in your email, we emailed a copy to you and mailed a copy to you on April 4, 2002. When I recently asked you for a street address you refused to provide the same. Instead you provided us with the same P.O. box that we previously sent the notice to. Another copy of the notice will be emailed to you contemporaneously with this email. Quite frankly, I am tired of you antics and view the same as vexatious and obdurate conduct. You requested that the deposition be scheduled'on May 7 because it suited your schedule. This is the second time you have attempted to play the system. Please be advised that if you fail to appear at my office on May 7, 2002, as previously scheduled per your request, we will file for sanctions against you. Please be guided accordingly. Paige Macdonald-Matthes Saul Ewing, LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 (717) 257-7583 (Fax) Pmacdonald-matthes@saul.com <mailto:Pmacdonald-matthes@saul.com> ..... Original Message ..... From: GEORGE J GARCIA [mailto:gjgarciajd@yahoo.com] Sent: Wednesday, May 01, 2002 8:22 PM To: Macdonald-Matthes, Paige Subject: RE: Notice of Deposition - reply Paige: It would appear that you have failed to serve Steelton Capital, Ltd., a Delaware corporation, within the applicable time limits after issuance of the complaint as required by PA.R.C.P. 401(a) and/or 42 Pa. C.S.A., Sections 5323 and 5329 and Pa. R.C.P. 404,401. (Also see Lamp v. Heyman, 469 Pa. 465, 366 A.2d 882 (1976).) Therefore, any deposition is not only "optional" but improper. Accordingly, I intend to ask the prothonotary to enter a judgment of non pros and will and can not(for the reasons hereafter stated) be in your offices "with the requested papers" (WHATEVER THEY ARE) next week. I believe the case must be at issue before depositions can proceed. Fundamental due process and equal protection require no less. In the alternative, you have failed to provide me with either written notice of the date of the deposition or a "list" of items requested to be produced - AS ALSO REQUIRED BY Pa R.C.P. Not being omniscient, I can not divine the date or what items, documents, or whatever you want to be produced. Also, with today being the first, the proposed deposition is only six days away and I still have absolutely no clue what items are requested. Further, on 7 May 2002, I am undergoing medical tests in an effort to improve my problems with vertigo, tinnitis, and hearing loss - WITHOUT undergoing surgery. This has been scheduled, authorized by the HMO, and I have arranged transportation. From these tests, a drug therapy will be developed which MAY improve or eliminate some of all of the aforementioned problems. If not, then surgery may be indicated. If I have "an option" of "semiretirement" and disability/illness vs. being able to work and being well (and able to hear); I "opt" for the latter. So even if the schedule deposition were proper - and I believe it is not; I could not attend on the seventh. Please so inform the reporter and Plaintiffs so as not to inconvenience them. When and if a complaint is filed and served - as required; I intend to respond, vigioursly defend, and counterclaim. Until that time, my efforts are maximized on improving my health. Meanwhile, strict proof of service on Steelton Cpital, 2 Ltd. (Del) is demanded and .. _y be forwardered by U.S. mail to me at P.O. Box 934, Mechanicsburg, PA 17055-8934 - as may any other paper(s) you may chose to draft. This e-mail address is being phased out; therefore, please send further communications by "snail mail" to Box 934. Ail the Best! GJG --- "Macdonald-Matthes, Paige" <PMacdonald-Matthes@saul.com> wrote: > George: > > This date and time was scheduled at your request. > We have copies of > the several emails we exchanged with you concerning > the scheduling of this > matter. Your attendance at the deposition is not > optional. I expect to see > you on May 7, 2002 as you indicated that this was > the date that best suited > your schedule. > > Paige Macdonald-Matthes > Saul Ewing, LLP > 2 North Second Street, 7th Floor > Harrisburg, PA 17101 > (717) 238-7675 > (717) 257-7583 (Fax) > Pmacdonald-matthes@saul.com > <mailto:Pmacdonald-matthes@saul.com> > > ..... Original Message ..... From: GEORGE J GARCIA [mailto:gjgarciajd@yahoo.com] Sent: Wednesday, May 01, 2002 1:51 PM To: Macdonald-Matthes, Paige Subject: RE: Notice of Deposition paige am in the library "exercising", i.e. reading really fast, and checked my e-mail have not gotten any notice and do not know or did not know the proposed date - address is P.O. Box 934, Mechanicsburg, PA 17055-8934 - send notice there do not have my calender along and am uncertain if the proposed date "works" - especially since my work schedule recently changed and I am still undergoing medical tests and consultations will check and e-mail you tomorrow all the best GJG --- "Macdonald-Matthes, Paige" <PMacdonald-Matthes@saul.com> wrote: > I will try and resend the notice. Please provide 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion For Sanctions And For Court Order Directing Defendants' Attendance At Deposition In Aid Of Execution, was served on the following by first class mail on May ~/, 2002 at the following address: George Garcia P.O. Box 934 Mechanicsburg, PA 17055-8934 Steelton Capital, Ltd. 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Paige Macdonald-Matthes 87680.2 $18102 GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action Docket No. 02-1245 Civil MOTION FOR RULE ABSOLUTE AND NOW, come Plaintiffs, George E. Carriger and Dorothy Carriger (hereinafter collectively "Plaintiffs") by and through their counsel, Saul Ewing LLP, and file their Motion For Rule Absolute, and in support thereof avers as follows: 1. On May 9, 2002, Plaintiffs filed their Motion for Sanctions and to Compel Discovery. A true and correct tune-stamped copy of Plaintiffs' Motion is attached hereto and marked as Exhibit "A". 2. On May 14, 2002, this Court issued a Rule to Show Cause was issued against the Defendants directing the Defendants to reply to the Rule within 20 days. Said Rule was served on Defendants by the Court. Service of the Rule on Defendants was also attempted by Plaintiffs by serving Defendants at the addresses that Defendant Garcia provided to Plaintiffs' counsel in his email dated May 8, 2002, a copy of which is attached hereto and is marked as Exhibit "B". 3. Plaintiffs counsel has received all correspondence back from the post office with the notation that either the "Addressee was Unknown," or that the mail was "unclaimed." True and correct copies of the envelopes that Plaintiffs' counsel has received are attached hereto and collectively marked as Exhibit "C". Curiously, Defendant Garcia received 89930.1 6/4/02 the copy of the Motion and Rule from the Court at the same address, as evidenced by Defendant Garcia's e-mail dated June 3, 2002, which is attached hereto as Exhibit "D". 4. Shortly after Plaintiffs' filed their Motion for Sanctions, Defendant Garcia contacted Plaintiffs' counsel via e-mail to reschedule his deposition. At Defendant Garcia's request, Plaintiffs counsel agreed to reschedule the deposition for June 6, 2002. Copies of emails exchanged between Defendant Garcia and Plaintiffs' counsel confi,ming the June 6, 2002 deposition are attached hereto and collectively marked as Exhibit "E". 5. On Monday, June 3, 2002 at 10:38 p.m., Defendant Garcia sent Plaintiffs counsel an email stating that he would not attend the June 6, 2002 deposition. See, Defendant Garcia's June 3, 2002, as Exhibit "D". Neither Defendant has appealed the entry of judgment against them in this maRer. 7. Plaintiffs believe and therefore aver that Defendant Garcia will continue to avoid responding to discovery otherwise permitted by the Pennsylvania Rules of Civil Procedure in this matter unless and until an Order is issued by the Court directing Defendant Garcia's attendance at deposition and further ordering Garcia to pay counsel fees and costs. 8. Plaintiffs have already been and will cominue to be prejudiced by Defendant Garcia's willful and deceitful conduct. 9. As a direct and proximate result of Defendant Garcia's conduct, Plaintiffs have had to schedule and reschedule court reports on at least three separate occasions and have had to incur the additional cost of preparing and filing their Motion to Compel and the Motion for Rule Absolute for which Plaintiffs should be reimbursed. 89930.1 6/4/02 -2- 10. Counsel fees and costs associated with the filing of the Motion for Sanctions and to Compel Discovery and the present Motion for Rule Absolute are $572.00. In the event that further prosecution of the within Motion is required additional counsel fees will be incurred. WHEREFORE, Plaintiffs, George E. Carriger and Dorothy Carriger, respectfully request that this Honorable Court grant their Motion for Sanctions and award Plaintiffs attorneys fees and costs incurred to date with regard to the filing of this Motion in the sum of $572.00, plus additional attorneys fees and costs associated with further proceedings concerning this motion. Plaintiffs further request that this Honorable Court issue and Order directing Defendant Garcia's Appearance at the Deposition in Aid of Execution to be scheduled at the office of Plaintiffs counsel, and further award Plaintiffs all such other relief as is proper and just. Date: June ~, 2002 Respectfully submitted, SAUL EWING LLP Paige Macdonald-Matthes Attorney ID No. 66266 Penn National Insurance Tower 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs 89930.1 6/4102 -3 - Exhibit A GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs Vo STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action Docket No. 02-1245 Civil RULE AND NOW, this ~ day of May 2002, upon consideration of the Plaintiffs' Motion for Sanctions and to Compel Attendance of Defendants Steelton Capital, Ltd. and George J. Garcia at Deposition, a copy of which is attached hereto, a Rule is issued upon Defendants, to show cause, if any they have, why Plaintiffs' Motion should not be granted. Rule returnable days from the date of, service. BY THE COURT: 8~680.2 5;~2 GEORGE E. CARRIGER and COURT OF COMMON PLEAS DOROTHY E. CARRIGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs c~ v GEORGE J. GARCIA, Individually No 02 1245 Civil Defendants. Docket · - AND NOW, come Plaintiffs, George E. Carriger and Dorothy Carriger (hereinafter collectively "Plaintiffs") by and through their counsel, Saul Ewing, LLP, and file their Motion For Sanctions and For Court Order Directing Defendants Attendance at Deposition in Aid of Execution, and in support thereof avers as follows: 1. On March 13, 2002, Plaintiffs confessed judgment against Steelton Capital, Ltd., and George J. Garcia (hereinafter collectively "Defendants"). 2. On March 22, 2002, the Cumberland County Sheriff served George Garcia, individually and on behalf of Steelton Capital, Ltd. with a copy of the Complaint and Notice of Deposition in Aid of Execution. A true and correct copy of the Sheriffs return is attached hereto and is marked as Exhibit "A". 3. Defendant Garcia had previously accepted service of legal process from the Cumberland County Sheriff on behalf of Defendant Steeiton in other proceedings before this Court and was so advised by the Sheriff on March 22, 2002 when he refused to take Defendant Steelton's copy of the Complaint after the Sheriff handed him the same. 4. On April 8, 2002, Plaintiffs' co~msel also served Defendant Steelton Capital, Ltd. via the Delaware Secretary of State through the Kent County, Delaware Sheriffs office, notwithstanding the fact that Plaintiffs' counsel has received formal notification that Steelton Capital, Ltd. is not registered in the State of Delaware. A true and correct copy of the Sheriff's return from Kent County, Delaware is attached hereto and is marked as Exhibit "B". True and correct copies of the Re-Void Certificates issued by the Secretary of State for the State of Delaware are attached hereto and collectively marked as Exhibit "C". 5. Pursuant to the Notice of Deposition, Defendants were to appear at Harrisburg office of Saul Ewing, LLP on Thursday, May 4, 2002 for a deposition in aid of execution. Defendants were further directed to produce at the deposition certain documents pertaining to the judgment entered and the identification of the Defendants' assets. A true and correct copy of the Notice of Deposition is attached hereto and is marked as Exhibit "D". 6. On Monday, April 1, 2002, Defendant Garcia notified Plaintiffs' counsel via email that he would be unable to attend the deposition scheduled for April 4, 2002. 7. After a series of attempts to coordinate a mutually convenient time and date for the deposition, May 7, 2002 was the date selected at Defendant Garcia's request. True and correct copies of the emails regarding the re-scheduling of the deposition are collectively attached hereto and marked as Exhibit "E". 8. On Wednesday, May 1, 2002, at 8:22 p.m. Defendant Garcia sent an email to Plaintiffs' counsel advising that he would not be attending the deposition and offered a myriad of reasons including the fact that he had scheduled a doctor's appointment for May 7, 2002 notwithstanding the fact that he has known since April 4, 2002 of the deposition in aid of execution. A true and correct copy of Defendant Garcia's email is attached hereto as Exhibit 9. Neither Defendant has appealed the entry of judgment against them in this matter. Y/680.2 -2- 10. Plaintiffs believe and therefore aver that Defendant Garcia will continue to avoid responding to discovery otherwise permitted by the Court in this matter unless and until an Order is issued by the Court directing Defendant Garcia's attendance at deposition. 11. Plaintiffs have already been and will continue to be prejudiced by Defendant Garcia's willful and deceitful conduct. 12. As a direct and proximate result of Defendant Garcia's conduct, Plaintiffs have had to incur the additional cost of preparing and filing a Motion to Compel for which Plaintiffs should be reimbursed. WHEREFORE, Plaintiffs, George E. Carriger and Dorothy Carriger, respectfully requests that this Honorable Court grant their Motion to For Sanctions and award Plaintiffs- attorneys fees and costs incurred to date with regard to the ffling of this Motion in the sum of $396.00, plus additional attorneys fees and costs associated with further proceedings concerning this motion. Plaintiffs further request that this Honorable Court issue and Order d~rectmg Defendant Appearance at the Deposition in Aid of Execution to be scheduled at the office of Plaintiffs counsel, and further award Plaintiffs all such other relief as is proper and just. Date: May ~/, 2002 Respectfully submitted, SAUL EWING, LLP Paige Macdonald-Matthes Attorney ID No. 66266 Penn National Insurance Tower 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs SHERIFF'S RETURN - REGULAR CASE NO: 2002-0124~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARRIGER GEORGE E ET AL VS STEELTON CAPITAL.LTD ET AL SGT. DAVID ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to' 1~ says, the within CONFESSION OF JUDGE, NOTI was served upon GARCIA GEORGE J the DEFENDANT , at 1300:00 HOURS, on the 22nd day of March ,'20( at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to GEORGE J GARCIA a true and attested copy of CONFESSION OF JUDGE, NOTI together with JUDGEMENT, CoMpLAINT FOR CONFESSION OF JUDGEMENT, AND NOTICE OF DISPOSITION IN AID OF EXECUTION and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this . day of ' A.D.' So Answers: R. Thomas Kline 03/26/2002 SAUL EWING By: . Deputy .w, Prothonotary SHERIFF' S RETURN - REGULAR CASE NO: 2002-01245._ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARRIGER GEORGE E ET AL VS STEELTON CAPITAL LTD ET AL SGT. DAVID ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law says, the within CONFESSION OF JUDGE, COMP was served upon STEELTON CAPITAL LTD the DEFENDANT , at 1300:00 HOURS, on the 22nd day of March at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to GEORGE J GARCIA ' , .oo2 a true and attested copy of CONFESSION OF JUDGE, COMP together with FOR CONFESSION OF JI/DGEMENT AND NOTICE OF JUDGEMENT and at the same time directing His attention to the contents'thereof Additional Comments r · ALL PAPERS WERE ACTUALLy HANDED TO GARCIA, BUT HE SAID HE WAS'NOT AFFILIATED WITH T~IAT COMPANY AND LEFT THE---~NE SET LAY ON THE COUNTER IN THE SHERIFF'S OFFICE. Sheriff,s Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 ~worn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 03/26/2002 SAUL EWING By: Deputy Sh~r~f JIM HIGDON SHERIFF ent Caunt ®[rite COURTHOUSI 38 THE GREEI DOVER, DELAWARE 302 ! 736-216' STATE OF DELAWARE COUNTY OF KENT AFFIDAVIT OF SERVICE I, David Henderson, Deputy Sheriff of the County of Kent, Delaware,.. being duly sworn, do certify that I served the within Writ of Confession Of Judgement this 8t~ day of April, A.D. 2002 at 11:15 a.m. personally upon HARRIET SMITH WINDSOR, Secretary of State of the State of Delaware, by leaving with her a true and correct copy of the said Summons for the defendant: STEELTON CAPITAL, LTD. and a copy of the Complaint For Confession Of Judgement, Notice Of Judgement and A~fidavit Of Last Known Address for the said defendant, together with the sum of Fifty Dollars, as prescribed by Title 8, Section 321(b) of the Delaware Code of 1953. : So Returns, Deputy Sheriff of Kent County Sworn to and Subscribed before me this 16t~ day of April, A.D. 2002. ,,,,~. XHA~ :',,, .,-,":;e: ........ S .." -p~,.. '~% Nota~ ~lxc S / ~ ~'~k~ %~ Co~ission E~ires: 10/3/05 ',,~uaLl~ 0 %~,,,~ 19901 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSY'LVANIA. GEORGE E. CARRIGEK and DOROTHY E. CARRIGEK, Plaintiffs VS. STEELTON CAPITAL, LTD. and GEOR. GE J. GARCIA, Individually, Defendants CIVIL ACTION No. CONFESSION OF JUDGMENT_ TO THE PROTHONOTARY: Pursuant to the authority contained in the warrant of attorney, a true and correct copy of which is attached to the Complaint filed in this action, I, appear for the Defendants and confess judgment in favor of the Plaintiffs and against the Defendants as follows: Principal and Interest Due Attorneys' Commission (5%) Subtotal: Additional Costs of Suit $21,575.07 $887.84 $22,462.91 $114.50 FILED Post Judgment Statuto~' Interest (6% per annum) from Date: 3_/13/0.9_ Amount: '_ Total: ~ .5'77. Dated: March Ik, 2002 RespectfUlly submitted· Paige Macdonald-Matthes, Esqmr¢ Paula D. Shaffner, Esquire ?a~ I.D. No. 66266, 43542 Saul Ewing LLP Two North Second Street, 7th Floor Harrisburg, PA 17101 (717) 235-7675 Attorneys for plaintiffs The First State PAGE i I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE CERTIFICATE OF INCORPORATION OF "ABRAXES, INC.", WAS RECEIVED AND FILED IN THIS OFFICE THE FOURTH DAY OF JL~i~E, A.D. 1985. AND I DO HEREBY FURTHER CERTIFY THE SAID "ABRAXES, INC." FILED A CERTIFICATE OF CORRECTION, CHANGING ITS ~ TO "ABRAXES, LTD.", ON THE SIXTH DAY OF JUNE, A.D. 1985, AT 12 O' CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THE SAID '"ABRAXES, LTD." FILED A CERTIFICATE OF AMENDMENT, CHANGING ITS Ni~E TO "STEELTON CAPITAL, LTD.", ON THE SECOND DAY OF ~RCH, A.D. 1987, AT 9 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE A~ORESAID CORPORATION iS NO LONGER IN EXISTENCE AND GOOD STANDING UNDER THE LAWS OF THE STATE OF. DELAWA/~,E HAVING BECOME INOPERATIVE AND VOID THE FIRST DAY OF ~.RCH, A.D. 1988 FOR NON-PAYMT..NT OF TAXES. AND I DO HEREBY FURTHER CERTIFY THAT THE A~OI~ESAID CORPORATION WAS SO PROCLAIMED IN ACCORDANCE WITH THE PROVISIONS OF GENERAL CORPORATION LAW OF THE STATE OF DELAW~P,E ON THE TWENTY-THIRD DAY OF JUNE, A.D. 1988, THE SAM~ HAVING BEEN 2063432 8400 AUTHENTICATION: 1723423 020227033 DATE: 04-15-02 ~e ~;~irst State PAGE 2 REPORTED TO THE GOVERNOR AS HAVING NEGLECTED OR REFUSED TO PAY THEIR ANNUAL TAXES. 2063432 8400 AUTHENTICATION: 1723423 7 fie irst St.ctte PAGE i I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF TEE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE CERTIFICATE OF INCORPORATION OF "STEELTON CAPITAL, LTD. ", WAS RECEIVED AND FILED IN THIS OFFICE THE SECOND DAY OF SEPTEMBER, A.D. 1994. AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID CORPORATION IS NO LONGER IN ]ZXISTENCE AND GOOD STANDING UI~DER THE LAWS OF THE STATE OF DELAWARE HAVING BECOME INOPERATIVE AND VOID THE FIRST DAY OF MARCH, A.D. 1996 FOR NON-PAlq~.NT OF TAXES. AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID CORPORATION WAS SO PROCLAINIED IN ACCORDANCE WITH THE PROVISIONS OF GENERAL CORPORATION LAW OF THE STATE OF DELAWAP, E ON THE THIRTIETH DAY OF MAY, A.D. 1996, THE SAME HAVING BEEN REPORTED TO THE GOVERNOR AS HAVING NEGLECTED OR REFUSED TO PAY THEIR ANNUAL TAXES. 2432064 8400 020227033 AUTHENTICATION: 1723424 DATE: 04-15-02 IN THE COURT OF COMMON PLEAS CUMBERLAaNI) COUNTY~ PENNSYI,VANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER, VS. Plaintiffs STEELTON'CAPITAL, LTD. and GEORGE J. GARCIA, Individually, Defendants CML ACTION : NO. 01-6408 NOTICE OF DEPOSITION IN AID OF EXECUTION Dated: April 4, 2002 TO: GEORGE J. GARCIA c/o P.O. Box 934 Mechanicsburg, PA 17055-8934 PLEASE TAKE NOTICE that the deposition of GEORGE J. GARCIA will be taken at the Law Offices of Saul Ewing LLP, 2 North Second Street, 7~ Floor, Penn National ln.qurance Tower, Harrisburg, Pennsylvania on May 7, 2002 commencing at 10:00 a.m. until excused before a Court Reporter duly authorized to administer the oath, pursuant to Rule 4007.1 of the Pennsylvania Rules of Civil Procedure. In accordance with Rule 4009.1 of the Pennsylvania Rules of Civil Prt)cedure, the Deponent is requested to bring with him to the deposition the items and/or documents listed in Exhibit ,A," which is attached hereto and incorporated herein by reference. Respectfully submitted, Paige Macdonald-Matthes, Esquire Saul, Ewing ~a.P Penn National Insurance Tower 2 North Second Street, 7th Floor Harrisburg, PA 17108-1291 (717) 238-7675 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, hereby certify that on this 4~ day of April, 2002, I served a tree and correct copy of the foregoing Notice of Deposition of George J. Garcia, via First Class U.S. Mail upon the following: George J. Garcia c/o P.O. Box 934 Mechanicsburg, PA 17055-8934 Paig~ lX;lacdonald-Matthes EXHIBIT "A" 1. Copies of the Articles of Incorporation and the Corporate Minute Book for Steelton Capital, Ltd. .- years. 2. Copies of any Articles of Dissolution for Steelton Capital, Ltd. 3. Copies of Corporate tax returns for Steelton Capital, Ltd. for the past five (5) J. Garcia. 4. Copies of all financial statement prepared on behalf of Steelton Capital, Ltd. or submitted by Steelton Capital, Ltd. to any lender or lending institution during the past five (5) years. 5. Copies of all certificates of title to any property owned by Steelton Capital, " Ltd., including any copies of any UCC filings. 6. Copies of all loan documents prepared at the request of or on behalf of Steelton Capital, Ltd. during the past five (5) years. Copies of all loan documents prepared at the request of or on behalf of George 8. Copies of all bank statements for $teelton Capital, Ltd. generated during the past five (5) years. 9. Copies of all bank statements for George I. Garcia, individually, generated during the past five (5) years. ' 10. Copies of all titles for vehicles owned by Steelton Capital, Ltd. or vehicles in which Steelton Capital has or may have had an ownership interest. 11. Copies of all titles for vehicles owned by George J. Garcia, individually, or in which' George J. Garcia has or may have had an ownership interest. ' " 12. Copies of all deeds to real property, wherever situate, in the name of Steelton Capital, Ltd., or in the name of Steelton Capital, Ltd. and another party. 13. Copies of all deeds to real property, wherever situate, in the name of George J. Garcia, or in the name of George J. Garcia and another party. From: Sent: To: Subject: Macdonald-Matthes, Paige Thursday, April 04, 2002 10:37 AM 'G J GARCIA' RE: Deposition We will schedule your deposition for May 7, 2002. Please bring with you the documents referenced in Exhibit "A" which attached to the notice of depositon. Thank you. ..... Original Message ..... From: G J GAl{CIA [mailto:gjgarciajd@yahoo.com] Sent: Thursday, April 04, 2002 10:30 AM To: Macdonald-Matthes, Paige Subject: RE: Deposition Ms. Macdonald-Matthes: If the 30th doesn't work, how about 2 May 02 or 7 May 2002 at 10:00 AM. All the Best! ..... Macdonald-Mat thes, Paige" <PMacdonald-Matthes@saul. com> wrote: > Mr. Garcia: > > I received an email from you with no message. > Please confirm your > availability for deposition on April 30, 2002 at > 1:30 pm. > > Paige Macdonald-Matthes > ..... Original Message ..... > From: G J GARCIA [mailto:gjgarciajd@yahoo.com] > Sent: Wednesday, April 03, 2002 10:44 PM > To: Macdonald-Matthes, Paige > Subject: RE: Deposition > > > > --- "Macdonald-Matthes, Paige" > <PMacdonald-Matthes@saul. com> wrote: > > Mr Garcia: > > > > I am in receipt of your email. While I am > available > > on April 30, > > 2002, I am not available at 10:00 am. I would > > suggest that we schedule your > > deposition for 1:30 pm on April 30, 2002 instead. > > Please confirm your > > availability. > > > > Paige Macdonald-Matthes > > > > ..... Original Message ..... > > From: G J GARCIA [mailto:gjgarciajd@yahoo.com] > > Sent: Wednesday, April 03, 2002 2:39 PM > > To: PMacdonald-Matthes@saul.com > > Subject: ~: Deposition > > Ms. Macdonald-Mattes: > > If the 30th doesn't work, how about 2 May or 7 May > 02 > at 10:00 AM? Please let me know. > > All the Best! >> > > Ms. Macdonald-Matthes: >> > > Thanks for your concern about my health. I have > > recovered from my back injury and am really trying > > NOT > > to become or be "infirm." There will not be > > any surgery in the immediate future. >> -> > I expect to conclude most of the tests and > > consultations the week of 21 April 2002 and > suggest > > the following dates (at 10:00 AM) - either 30 > April > > 2002 or 2 May 2002. >> > > By so doing, I have not waived any right, remedy, > > action, or cause of action. >> > > Let me know (by e-mail) which date "works" or if > you >> > > need to suggest subsequent alternate dates. >> > > All the Best! > > --- G J Gk~CIA <gjgarciajd@yahoo.com> wrote: > > > Ms. Macdonald-Matthes: >>> > > > Got your e-mail, will check available dates, and > > > send > > > you an e-mail tomorrow. >>> > > > All the Best! >>> >>> > > > --- "Macdonald-Matthes, Paige" > > > <PMacdonald-Matthes@saul.com> wrote: > > > > Mr. Garcia: >>>> > > > > I ~ in receipt of your email and acknowledge > > > that > > > > you will not be > > > > present at our office for deposition, on the > date > > > set > > > > forth in the Notice. I > > > > would point out that you raised as an issue > 'your ~ > > > alleged infirm condition to > > > > the court in February 2002. Moreover, in your > > > > previous email to me (dated > > > > February 6, 2002 and sent at 11:08 pm on the > eve >>>of > > > > the last scheduled >>>> >>>> >>>> > the deposition), you suggested that you were incapacitated due to problems with your back and that you were taking "150% of From: Sent: To: Subject: Macdonald-Matthes, Paige Monday, May 06, 2002 10:40 AM Albright, Aimee J. FW: Notice of Deposition - reply Paige Macdonald-Matthes Saul Ewing, LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 (717) 257-7583 (Fax) Pmacdonald-matthes@saul.com <mailto:Pmacdonald-matthes@saul.com> ..... Original Message ..... From: Macdonald-Matthes, Paige Sent: Thursday, May 02, 2002 9:59 AM To: 'GEORGE J GARCIA' Subject: RE: Notice of Deposition - reply Mr. Garcia: Please be advised that Steelton Capital was served by the Delaware Secretary of State on April . The Secretary of State was served with the Complaint via the Sheriff n Kent County, Delaware on April 8, 2002. The Secretary of State has reported that Steel~on Capital was served at its last known address on April 10, 2002. Please be further advised that we also have an affidavit from the Secretary of State that Steelton Capital, Ltd./is defunct. / The Cumberland County sheriff's office has served you and Steelton Caoital with the Complaint. Despite your protestations that you could not accept service of ~he Complairt on behalf of Steelton, the Sheriff advised you that have waived this claim by virtue o! the fact that you previously accepted service on behalf of Steelton. Along with the complaint, the Cumberland County Sheriff served you with the notice of deposition together with the document request. You have acknowledged that you received the same. It is also worthy of note that you failed to pick up the certified letter that w~s sent to your "P.O. Box". Moreover, you waited 26 days AFTER you knew that the depositiqn was scheduled (per our exchange of emails) to "inform me that you 'had not been served~'" Obviously you were aware of the deposition otherwise you would not have known to contact me. Furthermore, per your request in your .email, we emailed a copy to you and maile~ a copy to you on April 4, 2002. When I recently asked you for a street address you refused to provide the same. Instead you provided us with the same P.O. box that we previously sent the notice to. Another copy of the notice will be emailed to you contemporaneously with this email. / Quite frankly, I am tired of you antics and view the same as vexatious and obdurate conduct. You requested that the deposition be scheduled 'on May 7 because it suited you~ .schedule. This is the second time you have attempted to play the system. Please be advised that if you fail to appear at my office on May 7, 2002, as previously scheduled per yoqr request, we will file for sanctions against you. ' Please be guided accordingly. Paige Macdonald-Matthes Saul Ewing, LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 (717) 257-7583 (Fax) Pmacdonald-matthes@saul.com <mailto:Pmacdonald-matthes@saul.com> ..... Original Message ..... From: GEORGE J GARCIA [mailto:gjgarciajd@yahoo.com] Sent: Wednesday, May 01, 2002 8:22 PM To: Macdonald-Matthes, Paige Subject: RE: Notice of Deposition - reply Paige: It would appear that you have failed to serve Steelton Capital, Ltd., a Delaware corporation, within the applicable time limits after issuance of the complaint as required by PA.R.C.P. 401(a) and/or 42 Pa. C.S.A., Sections 5323 and 5329 and Pa. R.C.P. 404,401. (Also see Lamp v. Heyman, 469 Pa. 465, 366 A.2d 882 (1976).) Therefore, any deposition is not only "optional" but improper. Accordingly, I intend to ask the prothonotary to enter a judgment of non pros and will and can not(for the reasons hereafter stated) be in your offices "with the requested papers" (WHATEVER THEY ARE) next week. I believe the case must be at issue before depositions can proceed. Fundamental due process and equal protection require no less. In the alternative, you have failed to provide me with either written notice of the date of the deposition or a "list" of items requested to be produced - AS ALSO REQUIRED BY Pa R.C.P. Not being omniscient, I can not divine the date or what items, documents, or whatever you want to be produced. Also, with today being the first, the proposed deposition is only six days away and I still have absolutely no clue what items are requested. Further, on 7 May 2002, I am undergoing medical tests in an effort to improve my problems with vertigo, tinnitis, and hearing loss - WITHOUT undergoing surgery. This has been scheduled, authorized by the H~O, and I have arranged transportation. From these tests, a drug therapy will be developed which MAY improve or eliminate some of all of the aforementioned problems. If not, then surgery may be indicated. If I have "an option" of "semiretirement" and disability/illness vs. being able to work and being well (and able to hear); I "opt" for the latter. So even if the schedule deposition were proper - and I believe it is not; I could not attend on the seventh. Please so inform the reporter and Plaintiffs so as not to inconvenience them. When and if a complaint is filed and served - as required; I intend to respond, vigioursly defend, and counterclaim. Until that time, my efforts are maximized on improving my health. Meanwhile, strict proof of service on Steelton Cpital, 2 Ltd. (Del) is demanded and ...y be forwardered by U.S. mail to me at P.O. Box 934, Mechanicsburg, PA 17055-8934 - as may any other paper(s) you may chose to draft. This e-mail address is being phased out; therefore, please send further communications by "snail mail" to Box 934. Ail the Best! GJG --- "Macdonald-Matthes, Paige" <PMacdonald-Matthes@saul.com> wrote: George: This date and time was scheduled at your request. We have copies of the several emails we exchanged with you concerning the scheduling of this matter. Your attendance at the deposition is not optional. I expect to see you on May 7, 2002.as you indicated that this was the date that best suited your schedule. Paige Macdonald-Matthes Saul Ewing, LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 (717) 257-7583 (Fax) Pmacdonald-matthes@saul.com <mailto:Pmacdonald-matthes@saul.com> ..... Original Message ..... From: GEORGE J GARCIA [mailto:gjgarciajd@yahoo.com] Sent: Wednesday, May 01, 2002 1:51 PM To: Macdonald-Matthes, Paige Subject: RE: Notice of Deposition .~ paige am in the library "exercising", i.e. reading really fast, and checked my e-mail have not gotten any notice and do not know or did not know the proposed date - address is P.O. Box 934, Mechanicsburg, PA 17055-8934 - send notice there do not have my calender along and am uncertain if the proposed date "works" - especially since my work schedule recently changed and I am still undergoing medical tests and consultations will check and e-mail you tomorrow all the best GJG ..... Macdonald-Matthe$, Paige" <PMacdonald-Matthes@saul.com> wrote: > I will try and resend the notice. Please provide 3 CERTII*ICATE OF SERVICE I hereby certify that a copy of the foregoing Motion For Sanctions And For Court Order Directing Defendants' Attendance At Deposition In Aid Of Execution, was served on the following by first class mail on May ~/, 2002 at the following address: George Garcia P.O. Box 934 Mechardcsburg, PA 17055-8934 Steelton Capital, Ltd. 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Paige Macdonald-Matthes Exhibit B Macdonald-Matthes, Pai~le From: Macdonald-Matthes, Paige Sent: Thursday, May 09, 2002 3:34 PM To: 'GEORGE J GARCIA' Subject: RE: deposition dates Mr. Garcia: Please be advised that we will schedule your deposition for June 6, 2002 at 10 am' per your request set forth in your email dated May 8, 2002. We will email your notice a~ well as mail your notice of deposition, together with the list of exhibits you are to I bring. Please be advised that further dilatory tactics on your part will not be countenanced. Paige Macdonald-Matthes Saul Ewing, LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 (717) 257-7583 (Fax) Pmacdonald-matthes@saul.com <mailto:Pmacdonald-matthes@saul.com> ..... Original Message ..... From: GEORGE J GARCIA [mailto:gjgarciajd@yahoo.com] Sent: wednesday, May 08, 2002 7:45 PM To: pmacdonald-matthes@saul.com Subject: deposition dates paige i was not able to get my June work schedule since it is "in edits" - however, based upon what i understand it will be i suggest the following dates - Thursday, 6 June 02, Friday, 7 June 02, or Friday, 14 June 02 I still have to work out transportation - but i should be able to do so e-mail me your preference A S A P so i may confirm it and you may snail mail the notice - to P.O. Box 934, Mechanicsburg, PA 17055-8934 All the Best! GJG George J. Garcia TEL: 717.737.2682 FAX: 717.737.2587 gjgarciajd@yahoo.com Do You Yahoo!? Yahoo! Shopping - Mother's Day is May 12th! http://shopping.yahoo.com > CONFIDENTIAL, AND OR OTHERWISE PROTECTED FROM > DISCLOSURE TO > ANYONE OTHER T~{AN ITS INTENDED RECIPIENT(S), MY > DISSEMINATION > OR USE OF THIS ELECTRONIC EMAIL OR ITS CONTENTS BY > PERSONS > OTHER THAN THE INTENDED RECIPIENT(S) IS STRICTLY > PROHIBITED. IF > YOU MAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE > NOTIFY US > IMMEDIATELY BY REPLY EMAIL SO TI{AT WE MAY CORRECT > OUR INTERNAL · RECORDS. PLEASE THEN DELETE THE ORIGINAL MESSAGE. · THANK YOU. · · FOR INFORMATION ABOUT SAUL EWING, PLEASE VISIT OUR · WEBSITE AT · www.saul.com Do You Yahoo!? LAUNCH - Your Yahoo! Music Experience http://launch.yahoo.com Exhibit C ~ o ~J ~.-~o kid L~ 4~ Exhibit D Macdonald-Matthes, Pai~e From: George J Garcia [gjgarcia@lycos.com] Sent: Monday, June 03, 2002 10:38 PM To: pmacdonald-matthes@saul.com Subject: Fwd: Undeliverable: update see attachment George J. Garcia 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17050-3514 TEL: 717.737.2682 FAX: 717.737.2587 E-MAIL: gjgarcia@lycos.com ......... Forwarded Message ......... DATE: Mort, 3 Jun 2002 22:38:24 From: "System Administrator" <postmaster@saul.com> To: gjgarcia@mailcity.com Your message To: pmacdonald-mattes@saul.com Subject: update Sent: Mon, 3 Jun 2002 22:31:06 -0400 did not reach the following recipient(s): pmacdonald-mattes@saul.com on Mon, 3 Jun 2002 22:27:47 -0400 The recipient name is not recognized The MTS-ID of the original message is: c=US;a= ;p=SAUL EWING REMIC;l=SERS_EXCHANGE0206040227KJSKOW4A MSEXCH:IMS:SAUL EWING REMICK AND SAUL:SERSPHILA:SERS_EXCHANGE 0 (000C05A6) Unknown Recipient "Saul Ewing LLP <saul.com>" made the following annotations on 06/03/02 22:31:09 [INFO] -- Access Manager: ************************************ NOTICE**************************** THIS ELECTRONIC MAIL MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND OR OTHERWISE PROTECTED FROM DISCLOSURE TO ANYONE OTHER THAN ITS INTENDED RECIPIENT(S), ANY DISSEMINATION OR USE OF THIS ELECTRONIC EMAIL OR ITS CONTENTS BY PERSONS OTHER THAN THE INTENDED RECIPIENT(S) IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE NOTIFY US paige ATT341131.txt now that the e-mail system is back up i wanted to update you on my availability to be deposed the tests consultations and various opinions about the foregoing have been concluded and i am to have surgery in addition to the drug therapy the or coordinator has set the surgery for this thursday and i am furn ishing the required ekg and whatever blood work and x-rays as may be needed tomorrow because of my cad i am completing a living will in case of problems or complications i do not yet know how long it will take to recover from the surgery an d the post op procedure(s) but assume one or two weeks after the surgery and the post op i will e-mail you to set possible new dates we must workout an accommodation for my disabilities as to handicapped parking hearing loss etc. and any new date must be when i have transportation as it turned out i would not have been able to be deposed this week be cause i do not have transportation i will file an interim reply to your motion for sanctions - which to be kind is absolutely without merit - and after the surgery supplement it with the appropriate medical certification(s) please tell the reporter that there will be no depo so as not to inconvenience anyone while i want to have this surgery to finally determine if the mri indi cated a cyst, polups, mass, or tumor AND in the hope it will improve my othe r associated medical problems and disabilities i would rather visit wi th dot, george, and you Page 1 atb gJg George J. Garcia 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17050-3514 TEL: 717.737.2682 FAX: 717.737.2587 E-MAIL: gjgarcia@lycos.com ATT341131.txt Outgrown your current e-mail service? Get a 25MB Inbox, POP3 Access, No Ads and No Taglines with LYCOS MAIL PLUS. http://login.mail.lycos.com/brandPage.shtml?pageId=plus Page 2 Exhibit E Macdonald-Matthes, Pai~e From: Sent: To: Subject: Macdonald-Matthes, Paige Wednesday, May 15, 2002 1:27 PM 'GEORGE J GARClA' RE: deposition dates Mr. Garcia: I have reviewed your email. I have no idea what you are referring to, however, please be advised that you are expected to be in our office for deposition on June 6, 2902 at 10:00 am. ~ Paige Macdonald-Matthes I Saul Ewing, LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 (717) 257-7583 (Fax) Pmacdonald-matthes@saul.com <mailto:Pmacdonald-matthes@saul.com> ..... Original Message ..... From: GEORGE J GD~RCIA [mailto:gjgarciajd@yahoo.com] Sent: Wednesday, May 15, 2002 1:27 PM To: Macdonald-Matthes, Paige Subject: RE: deposition dates paige i'm back and got your e-mail never got the e-mail with the notice as your e-mall stated will get up to the p o later this week and look for the notice again you seem to be assuming facts not in evidence guess dilatory is a cousin to desingenlous the Good Lord willing and the creek don't rise - or a court intervene, we will quickly conclude your latest litigation - an demonstrate, as foretold, that if and when plaintiff's and the firm reaches the end of the tunnel - each will clearly see that the light is out all the best --- "Macdonald-Matthes, Paige" <PMacdonald-Matthes@saul.com> wrote: > Mr. Garcia: > > Please be advised that we will schedule your > deposition for June 6, > 2002 at 10 am per your request set forth in your > email dated May 8, 2002. We > will email your notice as well as mail your notice > of deposition, together > with the list of exhibits you are to bring. Please > be advised that further > dilatory tactics on your part will not be > countenanced. · Paige Macdonald-Matthes > Saul Ewing, LLP > 2 North Second Street, 7th Floor > Harrisburg, PA 17101 > (717) 238-7675 > (717) 257-7583 (Fax) · Pmacdonald-matthes@saul.com · <mailto:Pmacdonald-matthes@saul.com> · ..... Original Message ..... · From: GEORGE J aARCIA [mailto:gjgarciajd@yahoo.com] · Sent: Wednesday, May 08, 2002 7:45 PM · To: pmacdonald-matthes@saul.com · Subject: deposition dates · paige · i was not able to get my June work schedule since it · is "in edits" - however, based upon what i · understand · it will be i suggest the following dates - Thursday, >6 · June 02, Friday, 7 June 02, or Friday, 14 June 02 · I still have to work out transportation - but i · should · be able to do so · e-mail me your preference A S A P so i may confirm · and you may snail mail the notice - to P.O. Box 934, · Mechanicsburg, PA 17055-8934 · · All the Best! · · GJG · George J. Garcia · TEL: 717.737.2682 · FA~: 717.737.2587 · gjgarciajd@yahoo, corn > · Do You Yahoo!? · Yahoo! Shopping - Mother's Day is May 12th! · http://shopping.yahoo.com · "Saul Ewing LLP <saul.com>. made the following · annotations on 05/09/02 15:36:54 · [INFO] -- Access Manager: · THIS ELECTRONIC MAIL MAY CONTAIN INFORMATION THAT IS · PRIVILEGED, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion For Rule Absolute, was served on the following by first class mail on June q , 2002 at the following address: George Garcia P.O. Box 934 Mechanicsburg, PA 17055-8934 Steelton Capital, Ltd. 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Paige M~t~donald-Matthes 899~O. 1 6/4/02 GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs Vo STEELTON CAPITAL, LTD., and CEORGE J. GARCIA, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1245 CIVIL TERM ORDER OF COURT. AND NOW, this 11th day of June, 2002, upon consideration of Plaintiffs' Motion for Sanctions and To Compel Attendance of Defendants Steelton Capital, Ltd., and George J. Garcia at Deposition, as well as Plaintiffs' Motion for Rule Absolute, it is ordered that Defendant Garcia is directed to appear for deposition on July 1, 2002, at 10:00 a.m., at the Harrisburg, Pennsylvania office of Saul Ewing, LLP, 2 North Second Street, Penn National Insurance Tower, 7th Floor, Harrisburg, PA, and remain until the deposition is completed. NO FURTHER relief shall be granted at this time. BY THE COURT, Paige Macdonald-Matthew~ Esq. Penn National Insurance ToWer 2 North Second Street, 7th Floor Harrisburg, PA 17101 Attorney for Plaintiffs t/Steelton Capital, Ltd. · 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Defendant, Pro Se George Garcia P.O. Box 934 Mechanicsburg, PA 17055-8934 Defendant, Pro Se :rc IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVAN] GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Delaware Corporation) 5250 Simpson Ferry Road Suite 330 Mcchanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL AC~[ NO.02- 124 PETITION FOR EXTENSION OF TIME TO REPLY AND / ( RECONSIDERATION NOW COMES, George J. Garcia, the individual defendant in fl (hereinafter called "GJG" and/or the "Individual Defendant"), pro se, an issue a Rule to Show Cause upon Plaintiffs' why GJG should not be g reply to the Rule to Show Cause (the "Rule") issued, on 14 May 2002, Oyler, on PlaintiWs Petition for Sanctions and other relief against GJG or sanctions or other relief pursuant to the Rule ) to grant GJG the right to he such ruling and/or sanction(s) and other relief against or upon GJG - for 1. GJG is a disabled individual within the meaning of The American: A [ON R MOTION FOR Le above-entitled cause moves the Court either rated additional time to by the Hon. Judge John if the Court has granted ~e the Court Reconsider ~he following reasons: with Disabilities Act of o o 1990 ("ADA" - Public Law No. 101 -336, 104 Stat 327 (1990), in that he has a physical or mental impairment that substantial major life activities, has a record of such impairment, or has be an impairment (42 USCA Sec 12102(2) - namely - without lira mobility, and hearing (jointly and severally the "Disabilities"), GJG, a "person of relatively modest means" and a disabled indivi medical problems and surgery - has not had time to consult wi representation and is being forced to proceed pro se; GJG is unaware of all applicable procedural rules (state and/or lo applicable to this case, and is not represented by counsel; GJG has limited resources for doing the legal research and the dr and submit the required answer/responSe/brief/memorandum; GJG moves the Court take judicial notice of the attached Medic T. Loose, D.O., dated 22 January 2002, marked "Exhibit A," whic conditions and disabilities and states a need for GJG to have "rea.., because of said certified medical conditions and disabilities; and I.D. Card No. P227242 issued by the Commonwealth of Peru Transportation to GJG, attached hereto and marked "Exhibit B," wh to be a "Person with Disability" and issued said Parking certification (marked Exhibit "C" of Associated Otolaryngolists GJG's current "significant nasal surgery" and resultant convalesel GJG (as he has AGAIN AND AGAIN informed Plaintiffs' Cou~ extensive medical testing and consultation - during which an Mg USCA Sec 1210 et seq) - limits one or more of the ,n regarded as having such itation, walking, standing, tual - experiencing current th legal counsel or obtain :al) which may be or are ailing required to prepare Certification of George certifies GJG's medical ~nable accommodations" ~f the attached Placard tsylvania, Department of ~rby GJG has been found lacard; and the attached >f Pennsylvania, Inc. of ce period; ;¢') has been undergoing I (x-ray) "discovered a o problem" for which "extensive nasal surgery" (to alleviate or and further heating loss and improve breathing capacity ANI whether or not the MRI shows a "polyp, cyst, mass, or other abn and resolve; that because of the foregoing, GJG has been unable to reply to fl to consult with legal counsel and to so do - AS WELL as to res Judgement entered with Plaintiffs Complaint (the "Complaint" GJG's mall will be held by the post office pending his successful GJG will not be able to "pick up" mall for two weeks or more - notice of any of these proceedings or any possibility of mounting a effectively being denied his right to equal protection and due pro WHEREFORE, GJG prays this Honorable Court to grant a role on Plalnti to show cause why GJG should not be granted a forty-five (45) day Period") to reply to the Rule OR in the alternative to grant GJG the Memorandum in Support of this Motion for Reconsideration - should the I decision by the Court regarding the Rule and/or the issuance of any sanct This Petition is without waiver by GJG of any right, remedy, claim, or ¢ without limitation - the right to file a petition to strike/open the Judg{ jurisdiction of the Court, etc., etc. Further, so the GJG is "not kicked while he is down" and/or deprived meliorate tinnitus, vertigo, settle the "dispute" as to ,rmality") seeks to remedy Court's Rule but wishes ond to the Confession of ecovery l~om surgery and and thus will not have response or defense - thus :ess of law; ['s and Plaintiffs' Counsel :tension (the "Extension E <tension Period to file a [ule have resulted in any ons(s) upon GJG ounterclaim - including ment, to object to the any notice or right to defend and/or deprived of property without due process law; GJG proceedings. Respectfully submitted, C;eorge f'~d~d~ P.O. Box 934-- Mechanicsburg, PA 17055-8934 717.737.2682 eeks the Court to stay all Exhibit "C" Associated Otolaryngologists of Pennsylvania, Inc. · m-' office toda-*, ~.A/.~-I It'.) c--,.~r meoical treau was seen in y ' may return to . work _ ' ~s~hool Date:~ '~-' without lin~tation'; ~ wi~ ~e following ~n~t~ons _ c ,~' ~ JO~ A. ~o~al~, ~t. ~. ' .............. t ~ - ~p~ ~urch ~ 17-832-0500 Fax ~1%832-1955  7-~63-41 Page 7 of 8 nent, and s Bldg CERTIFICATE OF SERVICE AND NOW, this 12th Day of June, 2002, I hereby verify that I caused the foregoing document to be placed in the U.S. mail, first class, postage follows: Paula D. Shaffner Paige MacDonald-Matthes Saul Ewing LLP Two North Second Street, 7th floor Harrisburg, PA 17101 Page 8 of 8 ~ true and correct copy of prepaid and addressed as IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANI GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heiscy Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Delaware Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL ACT] NO.02- 124~ RULE AND NOW, this __ day of June 2002, upon consideration of se Petition and Motion, a copy of which is attached hereto, A Rule is iss~ show cause, if any they have, why GJG's Petition should not be granted. Rule returnable All proceedings to stay. Days from date of service. BY THE COURT: ON .]eorge J. Garcia's pro ,ed upon Plaintiffs, to Jo GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs VS. STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Individually, Defendants : IN THE COURT OF coMMoN PLEAS OF CUMBERLAND COUN~I'Y, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-1245 CIVIL TEi~ ORDER OF COURT AND NOW, this _~ day' of June, 2002, after careful con George J. Gareia's Petition for Extension of Time To Reply and/or Moti the petition and motion are denied. Paige Maedonald-Matthes, Esquire Paula D. Shaffner, Esquire Saul Ewing, LLP Two North Second Street, 7th Floor Harrisburg, PA 17101 Attorneys for Plaintiffs George J. Garcia P.O. Box 934 Mechanicsburg, PA Defendant, pro Se 17055 George J. Garcia 5250 Simpson Ferry Road Suite #330 Mechanicsburg, PA 17055 Defendant, pro Se BY THE C( M :ideration of Defendant ~n for Reconsideration, }URT, J. Wesley~er, ~..1. · Steelton Capital, I 5250 Simpson Ferr Mechanicsburg, Pa Road Suite #330 17055 .... ' ,-., ,,!:: ~no IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Delaware Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL ACq~ION NO.02- 124 AND NOW, this __ day of June 2002, upon consideration of se Petition and Motion, a copy of which is attached hereto, A Rule is iss] show cause, if any they have, wla.y-GJG's Petition should not be granted. Rule returnable All proceedings to stay. Days from date of service. BY THECOURT: JUN 1 ? 2007.. }eorge J. Garcia's pro led upon Plaintiffs, to IN THE COURT OF COMMON PLEA~ CUMBERLAND COUNTY. PENNSYLVAN GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Delaware Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL ACq NO.02- : : ; PETITION FOR EXTENSION OF TIME TO REPLY AND RECONSIDERATION IA 'ION 5 / 9R MOTION FOR NOW COMES, George J. Garcia, the individual defendant in (hereinafter called "GJG' and/or the "Individual Defendant"), pro se, issue a Rule to Show Cause upon Plaintiffs' why GJG should not be reply to the Rule to Show Cause (the "Rule") issued, on 14 May 2002 Oyler, on Plaintiff's Petition for Sanctions and other relief against GJG ol (if the Court has granted sanctions or other relief pursuant to the Rule ) to grant GJG the right to h such ruling and/or sanction(s) and other relief against or upon GJG -fm 1. GJG is a disabled individual within the meaning of The Americ~ he above-entitled cause id moves the Court either ranted additional time to by the Hon. Judge John s with Disabilities Act of ave the Court Reconsider the following reasons: o ° ° 1990 ("ADA" - Public Law No. 101 -336, 104 Stat 327 (1990), 42 USCA Sec 1210 et seq) - in that he has a physical or mental impairment that substantially/limits one or more of the major life activities, has a record of such impairment, or has bee~ regarded as having such an impairment (42 USCA Sec 12102(2) - namely - without limitation, walking, standing, mobility, and hearing (jointly and severally the "Disabilities"), GJG, a"person of relatively modest means" and a disabled indivk medical problems and surgery - has not had time to consult wi representation and is being forced to proceed pro se; GJG is unaware of all applicable procedural rules (state and/or k applicable to this case, and is not represented by counsel; GJG has limited resources for doing the legal research and the and submit the required answer/responSe/brief/memorandum; GJG moves the Court take judicial notice of the attached Medic T. Loose, D.O., dated 22 January 2002, marked "Exhibit A," whi, conditions and disabilities and states a need for GJG to have "reas. because of said certified medical conditions and disabilities; and I.D. Card No. P227242 issued by the Commonwealth of Pen Transportation to GJG, attached hereto and marked "Exhibit B," wi to be a "Person with Disability" and issued said Parking certification (marked Exhibit "C" of Associated Otolaryngolists GJG's current "significant nasal surgery" and resultant convalese GJG (as he has AGAIN AND AGAIN informed Plaintiff_q' Corn extensive medical testing and consultation - during which an M [ual - experiencing current h legal counsel or obtain :al) which may be or are firing required to prepare Certification of George certifies GJG's medical )nable accommodations" of the attached Placard ~sylvania, Department of erby GJG has been found ~lacard; and the attached of Pennsylvania, Inc. of me period; tsel) has been undergoing ?,I (x-ray) "discovered a problem" for which "extensive nasal surgery" (to alleviate or meliorate tinnitus, vertigo, and further hearing loss and improve breathing capacity ANDI settle the "dispute" as to whether or not the MRI shows a "polyp, cyst, mass, or other abndrmality") seeks to remedy and resolve; that because of the foregoing, GJG has been unable to reply to th to consult with legal counsel and to so do - AS WELL as to res Judgement entered with Plaintift's Complaint (the "Complaint" GJG's mail will be held by the post office pending his successful GJG will not be able to "pick up" mail for two weeks or more - notice of any of these proceedings or any possibility of mounting a effectively being denied his right to equal protection and due pfc WHEREFORE, GJG prays this Honorable Court to grant a role on Plainti to show cause why GJG should not be granted a forty-five (45) day e Period") to reply to the Rule OR in the altemative to grant GJG the I Memorandum in Support of this Motion for Reconsideration - should the decision by the Court regarding the Rule and/or the issuance of any sanc This Petition is without waiver by GJG of any right, remedy, claim, or without limitation - the right to file a petition to strike/open the Jud jurisdiction of the Court, etc., etc. Further, so the GJG is "not kicked while he is down" and/or depriver Court's Rule but wishes and to the Confession of ecovery from surgery and and thus will not have response or defense - thus cess of law; ~fs and Plaintiffs' Counsel xtension (the "Extension ;xtension Period to file a Rule have resulted in any £ions(s) upon GJG counterclaim - including :ement, to object to the of any notice or right to defend and/or deprived of property without due process law; GJG seeks the Court to stay all proceedings. Respectfully submitted, George~~ P.O. Box 934 Mechanicsburg, PA17055-8934 717.737.2682 '1 EXHIBIT "A' Exhibit "C" Associated Otolaryngoiogists of Pennsylvania, Inc. This is to cemfy th ~_ .~ '' J was seen in my office today,_~o~;:t;~i:al may return to _~work _ -. ' '~ ~ - without linfitation'~ witl}, the following lin'fitations .. ~ ,~, , John A. [orlmot~, ~.~.f ~dr~v~ M. Shapiro. Mb 101 West ~nerry ~u'~-t 7 Palmyra, PA 17078 717-832-0500 Fax 717-832-1955 Page 7 of 8 CERTIFICATE OF SERVICE follows: Paula D. Shaffner Paige MacDonald-Matthes Saul Ewing LLP Two North Second Street, 7~ floor Harrisburg, PA 17101 Page 8 of 8 G~~O~cia IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Delaware Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL ACTION NO.02- 124 RULE AND NOW, this __ day of June 2002, upon consideration of se Petition and Motion, a copy of which is attached hereto, A Rule is isst show cause, if any they have, why GJG's Petition should not be granted. Days from date of service. BY THE COURT: Rule returnable All proceedings to stay. 3eorge J. Garcia's pro ed upon Plaintiffs, to GEORGE E. CARRIGER AND DOROTHY E. CARRIGER, PLAINTIFFS STEELTON CAPITAL, LTD., : AND GEORGE J. GARCIA, : INDIVIDUALLY, : DEFENDANTS : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-1245 CIVIL TERM ORDER AND NOW, this 1st day of July, 2002, pursuant to a conference by telephone conducted on this date with Plaintiff's counsel and Defendant pro se, and it appearing that the Defendant has refused to take the oath for a deposition scheduled for this date and has requested the appointment of free legal counsel, Defendant's motion for appointment of free legal counsel is denied, and the Defendant is directed to take the oath or affirmation applicable to his deposition. Nothing herein is intended to direct the Defendant to answer a specific question to which he feels he has an objection, pending further Order of Court. BY THE COURT: JUWesley ~9~, Jr., J. GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs, V. STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, COMMERCE BANK, To the Prothonotary: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Defendants, Civil Action - Law Docket No. 02-1245 As Garnishee. PRAECIPE FOR WRIT OF EXECUTION Please issue a Writ of Execution in the above matter, (1) (2) (3) (4) directed to the Sheriff of Cumberland County; against Steelton Capital, Ltd., 5250 Simpson Ferry Road, Suite 330, Mechanicsburg, Pennsylvania 17055-3514 and George J. Garcia, P.O. Box 934, Mechaniesburg, Pennsylvania 17055-8934, defendants; and *** against Commerce Bank, 100 Senate Avenue, Camp Hill, Pennsylvania 17022, garnishee: and index this writ (a) against George J. Garcia and Steeltun Capital, Ltd., defendants (b) against Commerce Bank as garnishee, as a lis pendens against real property of the defendants and the name of garnishee as follows: (a) any and all bank accounts titled in the name of George J. Garcia, Individually and Steelton Capital, Ltd., and account no. 680000032 in the name of Steelton Capital, Ltd. (5) Amount due $ 22,577.41 Interest from $ to be 11/13/01, 6% per annum determined Plus Costs $ 165.00 *** (2) - (a) Dated: July '-~, 2002 any [froperty located in the'.defendants'residence located at 1915 Athol Street, Apt. #2, Camp Hill, PA 17011 Paige Macdonald-Matthes (Bar ID: 66266) Paul D. Shaffner, Esquire (Bar ID: 43542) S.,I UL EWING LLP Penn National Insurance Tower 2 North Second Street, 7~ Floor Harrisburg, PA 17101 (717) 257-7500 Attorneys for Plaintiffs SHERIFF'S RETURN - CASE NO: 2002-01245 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GARNISHEE CARRIGER GEORGE E ET AL VS STEELTON CAPITAL LTD ET AL And now RONALD HOOVER Cumberland County of Pennsylvania, to law, at 1522:00 Hours, on the 10t~ day of July , as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT STEELTON CAPITAL LTD hands, possession, or control of the within named Garnishee COMMERCE BANK ,Sheriff or Deputy Sheriff of who being duly sworn according 2002, attached credits, and , in the 100 SENATE AVE. C]LMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to BETH BLEICHNER, BRANCH MANAGER personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this /¢~ day off,z/____~ ~- A.D. -- P'rdt honot ary ' ! So answers: R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2002-01245 p COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GARNISHEE CARRIGER GEORGE E ET AL VS STEELTON CAPITAL LTD ET AL And now RONALD HOOVER Cumberland County of Pennsylvania, to law, at 1522:00 Hours, on the 10th day of July , as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT GARCIA GEORGE J hands, possession, or control of the within named Garnishee COMMERCE BANK ,Sheriff or Deputy Sheriff of who being duly sworn according 2002, attached credits, and , in the 100 SENATE AVE. CA~4P HILL, PA 17011 Cumberland County, Pennsylvania, by handing to BETH BLEICHNET, BRANCH MANAGER personally three copies of interogatories and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this 7~ ~ day of ~3- ~ A.D. ~ Proth'o~ot ary together with THREE true and made So answers: R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo Deputy Sheriff WliIT OF EXECUTION and/or ATTACHIVIENT. COMMONWEALTH OF PENNSYLVANIA) NO 02-1245 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GEORGE E. CARRIGER AND DOROTHY E. CARRIGER, Plaintiff(s) From STEELTON CAPITAL, LTD, 5350 SIMPSON FERRY ROAD, SUITE 330, MECHANICSBURG, PA 17055-3514 AND GEORGE J. GARCIA, P.O.BOX 934, MECHANICSBURG, PA 17055-8934 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY PROPERTY LOCATED IN THE DEFENDANTS' RESIDENCE LOCATED AT 1915 ATHOL STREET, APT. #2, CAMP HILL, PA 17011. (2) Y°u are also directed to a~ach the property of the defendant(s) not levied upon in the possessinn of COMMERCE BANK, 100 SENATE AVENUE, CAMP HILL, PA 17022 - ANY AND ALL BANK ACCOUNTS TITLED IN THE NAME OF GEORGE J. GARACIA, INDIVIDUALLY AND STEELTON CAPITAL, LTD. AND ACCOUNT NO. 6800000~2 IN THE NAME OF STEELTON CAPITAL, LTD. GARNISHEE(S) as follows: and.to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If propertY of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, yOu are directed to notify him/her that be/she has been added as a garnishee and is enjoined as above stated. Amount Due $22,577.41 Interest FROM 11/13/01,6% PER ANNUM Atty's Corem % Atty Paid $76.50 Plaintiff Paid Date: JULY 10, 2002 (Seal) Deputy L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG REQUESTING PARTY: Name PAIGE MACDONALD-MATTHES, ESQUIRE Address: PENN NATIONAL INSURANCE TOWER 2.NORTH SECOND STREET, 7TH FLOOR HARRISBURG, PA 17101 Attorney for: PLAINTIFFS Telephone: 717-257-7500 Supreme Court ID NO. 66266 GEORGE E. CARRIGER, Plaintiff STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1245 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of September, 2002, upon consideration of the Claim for Exemption filed by Defendant George J. Garcia, a hearing is scheduled for Monday, September 30, 2002, at 11:15 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, for the limited purpose of considering, pursuant to Pennsylvania Rule of Civil Procedure 3123.1, the applicability of Defendant's statutory exemptions to the property enumerated in paragraphs l(a)(i) and 2(c) of the Claim for Exemption. TO THE EXTENT that Defendant's Claim for Exemption purports to assert or be based on a third-party property claim on behalf of Sharon M. Garcia, it is dismissed, without prejudice to Ms. Garcia's right to file a timely third-party property claim pursuant to Pennsylvania Rules of Civil Procedure 3202 and 3258. BY THE COURT, J~][Vesley Ole ,~ ~ Paige Macdonald-Matthes, Esq. 2 North Second Street 7th Floor Harrisburg, PA 17101 Attorney for Plaintiff Steelton Capital, Ltd. P.O. Box 934 Mechanicsburg, PA 17055-8934 Defendant, Pro Se George J. Garcia P.O. Box 934 Mechanicsburg, PA 17055-8934 Defendant, Pro Se Cumberland County Sheriff's Office_../~d.l. - :rc I40.0~Z-1~45 CIVIL ~ consideration o[ the attached o[ Septetaber, 200~, upOn the heat~g pte~iouSl¥ ~ ~O~, this 30~ p~;gc MacdOaaid-~aaheS' Esq., leae~ kom September 30, ~00~, is cancelled' scheduled for ~ ~ CO~' pa';ge Macdonala-Matthes' Esq. ~ Iqofth SecOnd street kiatdsbUr g' ~ ~eeltO~ Capital, Ltd. ~ O ~ox 934 t~efend~t, pro Cumberland Co~ sheriW to.Ot .o~ ATTORNEYS AT LAW PAIGE MACDONALD-MATTHES Phone: (717) 238-7675 Fax: (717) 257-7583 pmacdonald-matthes@saul.eom www.saul.corn September 27, 2002 Via Facsimile and Regular Mail (717) 240-6397 Cumberland County Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attention: Claudia Re: George E. Carriger and Dorothy E. Carriger vs. Steelton Capital, Ltd. and George J. Garcia Dear Claudia: I am writing to confirm our conversation this morning wherein I advised you that upon review of the items subject to the levy performed in regard to this matter on George J. Garcia's property, our clients have determined to release the property from the levy. Should you have further questions or concerns, please do not hesitate to contact me. Very truly yours, Paige Macdonald-Matthes cc: The Honorable Wesley J. Oler (via facsimile 240-6462 and regular mail) George Carriger George J. Garcia 2 North Second Street, 7'~ Floor + Harrisburg, PA 17101-1604 + Phone: (717) 257-7500 * Fax: (717) 238~6- 622 86742.39/27/02 BALTIMORE CHESTERBROOK HARRISBURG NEW YORK PHILADELPHIA PRINCETON WILMINGTON R. Thomas Kline, Sheriff, who being duly sworn according to law, states thi~ writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 2.72 Advertising Law Library .50 Prothonotary 1.00 Mileage 27.60 Misc. Surcharge 40.00 Levy 40. O0 Post Pone Sale Garnishee 9.00 138.82 Advance Costs: i50.00 Sheriff's Costs: _ 138.82 11.18 Refunded to Arty on 9/30/02 Sworn and Subscribed to before me This .~,~c day of 2002 A.D. So Ans~ers~ R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTy OF CUMBERLAND) NO 02-1245 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTy: To satisfy the debt, interest and costs due GEORGE E. CARRIGER AND DOROTHY E. CARRIGER, Plaintiff(s) From STEELTON CAPITAL, LTD, 5350 SIMPSON FERRy ROAD, SUITE 330, MECHANICSBURG, PA 17055-3514 AND GEORGE J. GARCIA, P.O.BOX 934, MECHANICSBURG, PA 17055-8934 (1) You are directed to levy upon the property of the defendant (s)and to sell ANy PROPERTY LOCATED IN THE DEFENDANTS, RESIDENCE LOCATED AT 1915 ATHOL STREET. #2, CAMp HILL, PA 17011 . . APT. (2) Y~u are a~s~ directed t~ atta~h the pr~perW ~f the de£endant(s) n~t ~evied up~n in the p~ssessinn of COMMERCE BANK, 100 SENATE AVENUE, CAMp HILL, PA 17022 - ANY AND ALL BANK ACCOUNTS TITLED IN THE NAME OF GEORGE J. GARACIA, INDMDUALLY AND STEELTON CAPITAL, LTD. AND ACCOUNT NO. 6800000~2 IN THE NA]VIE OF STEELTON CAPITAL, LTD. ~ GARNISHEE(S) as follows: and.to notify the garnishee(s) that: (a) an attachment has been issued; Co) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereo~ (3) If pr°perry °f the defendant(s) not levied upon an subject to aaachment is funnd in the possessiun of anyone other than a named garnishee, you are directed to notify him/her that he/she has been garnishee and is enjoined as above stated, added as a Amount Due $22,577.41 L.L. $.50 Interest FROM I1/13/01,6% PER ANNUM Atty's Corem % Due Prothy $1.00 Arty Paid $76.50 Other Costs Plaintiff Paid Date: JULY 10, 2002 (Seal) REQUESTING PARTY: Name PAIGE MACDONALD-MATTHES, ESQUIRE Address: PENN NATIONAL INSURANCE TOWER 2.NORTH SECOND STREET, 7TH FLOOR HARRISBURG, PA 17101 Attorney for: PLAINTIFFS Telephone: 717-257-7500 Supreme Court ID NO. 66266 CURTIS R. LONG