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HomeMy WebLinkAbout06-4970COMMONWEALTH OF PENNSYLVANIA CtdURT 6F COMMON PLEAS 9th Judicial District, County Of CUMBERLAND COMMON PLEAS No. NOTICE OF APPEAL Notice Is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APM MAO. DIET. NO, rJAME OF MOJ Commonwealth Financial Systems, Inc. 09-1-01 Charles A. Clement, Jr. ADDRE6Sdr/VP u. CITY SEA zinTHT 120 North Keyser Avenue Scranton PA 18504 DATE JU Mtm a en 8/9/06 Commonwealth Financial Systems, Inc. a Nicholls Gasperettj DOC No. SIONATU E of "FULANT rRA N AO CV-298-06 This block will be signed ONLY when this notation (a required under Pa. lant was Claimant Ise* P .C.P.D.J. No. 1001/8) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge,' operate as a SUPERSEDEAS to the judgment for possession In this case. senerw.aPMftWWyWD"* NOTICE OF APPEASE FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT baton a Magisterial District Judge, A COMPLAINT MUST BE FRED within twenty (20) days alter filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action betare Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) (Common Pleas No. appellee(s), to file a complaint In this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) aria o app (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do notfile a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date:. Signal" of PmItionoMy or rkpory YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COURT FILE TO BE FILED WITH PROTHONOTARY ? terry Vt r r 1 C. -ca U t y? cry .-? C n r--' ? am ro Q W C.71 COMMONWEALTH OF PENNSYLVANIA nr)i imrv nG• CDMMERLAND 09-1-01 MW Name: Hon. tR> RLSS A. CLEMENT, a1R Atldrass: 400 ERIDOE ST OLDS TONNE COMMONS -RUITE 3 NEN CUMBXRLAIM, PA Teiepnone: (717) 774-5989 17070 NOTICE OF JUDGMENTlTRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r-comoNwuLT8 iriNANCI]1L SYSTEMS INC, 120 N EEYSER AVE SCRANTON, PA 18504 L J vs. DEFENDANT: NAME and ADDRESS rQ-UPEEETTI, NICSOLIS 319 NANCRESTER ROAD CAMP BILL, PA 17011 COMMONWEALTH FINANCIAL SYSTEMS INC L J 120 N lEYSER AVE Docket No.: CV-0000298-06 SCRANTON, PA 18504 Date Filed: 6/14/06 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT (Date of Judgment) 8/09/06 Judgment was entered for: (Name) O&SPERETTI, NICHOLIS © Judgment was entered against: (Name) COMMONKRALTE FIZANCI, AL SYSTE in the amount of $ ? Defendants are jointly and severally liable. Damages will be assessed on Date & Time ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of re$idential lease S Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY HAS THE. RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS,. ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. UG 9 - 2006 Date U" G . L +CQ,M1 SbbP . Magisterial District Ju I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date . , Magisterial District Judge My commission expires first Monday of January, 2008 SEAL AOPC 315-06 DATE PRINTED: 8109106 3:28:00 PM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No A&t Civil Term VS. NICHOLIS GASPERETTI, Defendant CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED NY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 M6ge, Es Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. MBge, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No. Civil Term VS. CIVIL ACTION NICHOLIS GASPERETTI, Defendant COMPLAINT 1. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSI" ), designated Agent for Ring The Bell, Inc., a corporation with an address of 120 North Keyser Avenue, Scranton, PA 18504. 2. The Defendant is Nicholis Gasperetti ("Gasperetti"), an individual with an address of 319 Manchester Rd., Camphill, PA 17011. Count I - Breach of Contract 3. Defendant applied for and received a Citibank credit card, account number 4621- 2030-4916-9312. 4. Use of the Citibank credit card was subject to the terms of the Citibank Card Agreement ("Agreement"), a copy of which was sent to the Defendant along with the credit card. A true and correct copy of the Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 5. Defendant used the Citibank credit card account number 4621-2030-4916-9312 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to Defendant's use of the Citibank credit card. 7. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 8. The within account was sold by Citibank (South Dakota), N.A. to Unifund CCR Partners ("Unifund") for valuable consideration and all rights under said account were assigned to Unifund, whereupon Unifund sold the within account for valuable consideration to Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale and Bill Of Sale, Assignment And Assumption Agreement are attached hereto, made a part hereof and marked collectively as Exhibit "B". 9. Pursuant to the terms of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 10. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 11. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 12. As of August 14, 2006, the balance due and owing to Plaintiff from Defendant was $2,511.36. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,511.36 plus costs and interest from August 14, 2006 as well as reasonable attorneys fees of $627.84 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 14. The within account was an account in writing and expressly or impliedly accepted by both parties. 15. The amounts due and owing to Plaintiff by Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 16. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,511.36 plus costs and interest from August 14, 2006 as well as reasonable attorneys fees of $627.84 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 17. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 18. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, 3 permitted Plaintiff to provide the aforementioned services and incur damages. 21. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of $2,511.36 plus costs and interest from August 14, 2006. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,511.36 plus costs and interest from August 14, 2006 as well as reasonable attorneys fees of $627.84 and such other and further relief as the Court may deem just and appropriate. By: Al . 6ge, Esquir Affy. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 C! T (BANK CARD AGREEMENT This Agreement ant the folder containing the :arc are your Citibank card Agreerner. Tne folder conl31fit imponani ac:mum micrralion• including !ne annual percenuc! rate arw me amoum of arr; mamDersiup fee. ?lease rac and keep the ioloe! and this Agreement for your records. Tc simollr± the rest of this Agre!mem. for You. Inc lolle.ring definitions will apply. The words vou. Your. and Your mean the person responsible for this Agreem!n:. le whom we dire:: the billing sta:emant. The word card means one or more cards which YA have issued with your account number. The words we, us, and our mean Ciank (South Dakota), NA Tne words Citibank cnecrs meat. one or Zr! mocheeks tha!'::_ may provide to access your Citibank card account. This Agreement is binding or, •vou unless you cancel your account within 30 days at:er receiving the card and vou have no; used or authorized use of your account. Using Your Account and Your Credit Line: The card must be signed to be used.Your,mual credit line appears on the folder coniaining the card. A portion of your credit line, caller the cash advance limit. is available for cash advances. At our discretion and at anv time, we may orange. Your credit line or cash advance. limit. We will notify' you it we do, either by mau or Inrough a billing statemenl sent either before or after the change fakes affect you may recuesi a change to your credit hie or cash advarre if ma by c01162c11ng CUSIDmer Service by telephone or mail. The lull amount D* your trade, line is av;ilabl! to buy or tease goods or services wherever the card is honored. Your cash advanca limit is availabie toy cash threupn any bank or automaled letter machine that accepts the card or oy using Ciucank cnecks. The total amount charged on your account. inciudinq puraasn, balance :ranters, cash edrahces, finance chargec toe. w other cherc!s. must aWays remair, beior, your credit line. However, if trial Iota! amour.: er.:tads your credit line you must still pay us. ",dditional Cards: You may rscuesi zocihon;i cards on Your at=uN tot yourself or others and yoU ma' J peril( anther person :;: na'ie ^.!S. to the card o. actpuni numo!.. I•.oY!a,:!r. vou dc. +e:; must pay us to: alt c.'arges made by tnosa a!reg1S, i.^zuding crapes to: 'nbicn vou may not iaT inlenosd ig be Repgnai Dle. you ?lUs; i0ite U!• it reyor.e ;'ermiss or. for any Der=r vo,' ye'J.-usiv ai.'i`gr le_ ic. Use YOe a::c•Jh:. If `ov tell us to revcike a:lgther :e!!On a use D1 glut 2t:pl'n:.:Ye ,T,3y :IC!e:r: at:DUhi ant issue a new care D.• c3rct With a dliie!e .: accoun: lump'.!. bDP are r!ccpnsi`vl! for ins ,.se of each cart. issued on you: accoun: accciding tc• me terms of Ihr• r.:: ant-.of,:. ' Nismbersnip tee: ne i::g!. ...4 . ,.:arc Indic::.. •eme;^.' your a t,.n: r; sucier. rt. a mac::!!shit tee. !`. H r: the fe! IS in-M K :ne Durcna:e baiars an, r her:- i!ir: :able C,i°_ co ngtlf 'a:° :n- ;.:Do! 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EAU ?2fl 4.P r "' > Y ? _ -T^U~ Y ?_? £ rt S Or J^Ny.r Mi rU /N 2 _ pZ- . -_-i.S w v r-- t-. > j r t ' V g' GJ £ ?• .! = = L. R f 6' r V ' - V Wiz' .? - 5 VJ+-?A Y. rcns7s Nrs N-.. ?Z2 0??£? ?'_2- V Y cc r y= n' e???nn Citibank Checks: -uDana :reeks M"i :s ::ac ;0 Du ,Lase;000C On, s!"::^! or '.C a:alr =111 UD !c mt amount Of'; %! a7ar1:•Cle c?sh iavanCe limit Ura'.ss inv afnouhr •!Ra -LITE the WiMe IL aX. M Your CRGi; one, Vie :•dll treat !.illtam Visa: as e :sr. a0van:e iRD cnvq! Ine-m -ams: your CiSG advance m. ;f. i3rft LihLanY. -,.a. rr!U:1 be it, fhE ;crrn v!E Cavf 45U.C inc M.151 ;! -a, ;C.Drdlng to a.,'! t^377 u0hD115 ^IE pIYE `rOL i3%Dank :n!Cyi may oa E,S!l cnri b': mE C!!i0n Y/Ga;! name is rtin!!: Dn:ha.^.1. Ll1!Can9 :hlo;o maY ncr DE C'Se•Li t0 Day an, amount owed l0 :;Holt ihlt C. am :i it, :i;IDank 'V. Ag:!lmint. We :7i11 not Cenih! DRY C+ll0atk ChECki. no: wilt Y/°.return paid :hi:aRM LnECis. Returned Citibank Check Fee: `H! ^nll add a J?S iat it inE ::sh a0 lance darence it y!e Reline :0 nonb! a 6602ny.We ^'e': D!::!hE to honor t ,II:Dtnf.. a. !D: tx n1C!E, the or ,r!dr lint. it you omu1L a you did not CO'1Dly wan DU: instructions regarding Ilse Check, i' your U=): das Dttn closet. Cr it the :ard has tkpiret. Stop Payment Fee: We !vi;!;ad'c M I!! IC irs st. ddVaLC! Daleree !Alen paymen: o' a glllban7. cheer. is stopped zi yew IWUts]. tiDU may stop pavrrew on a Ci9bank ohsck by notiiymg its it. writing ar °.C. box iSPC. Sicv. Fall;, South D2R01i 5 7r 17 or by :alknp us at the Ielebnent number listed Cn :tie bitting slartmer.t. II you call, you must confirm the :all W. ,vn!int wilnin 14 eayi. A wnnlr, slop payment Order will remain in !ffe:1 for sty. months un!!ss renewed in writing. Once a narD! Is mice ;.'doUD': 1ht, USe of the care e? =OVA) )Ulmer W! nnno-, Voo DaymeV an In-. CnaiDE, ti there is a disous Involvind a verge on .. 2GaUL1, DISH ;.-4r %the s!:ilon tninite ftzl, iC DD It 1@la'C At; Srror 16 ?out .if!-. Lcst or Stolen. Cards, Account Numbers or Citibank Checks: 1' ;nv C51C, 2:000Li ni't're! of ,illoank :hfCk is los: Or =Ion Of il'IDO i rInk _t!d Cr ':i-e•::;C iCam vntnDCt You::erlm.,vor. net!^' us at anee bj al:ng in! ieHDROnt nu:aot, srown on ;he DIf! it s;ixmenl of :he nurV i .. iMC..: ::flit ;!k:•'•EE °i Z . !'nreCIDra AES:L:anCE. V;i mc! Bouoa v'OD ID Lrv n. :i iialn m!57mvi0n m-.vril10i ro het, v- too 0 haottnec. Don't use of cur v m- :n!;K' anv wt vE :!!n nC^f!!! e_ ir, it izv, at! munt C: !a:J!nEt. Yo L• mv:! ::ac!! !or DDJL'iron:°.C CSe of ln! Care. but nor to: more Gan :jC Yo0 V!Dr(::! liable for unaUthor !! UVIII-M of ::.r OovanOes mad! af:Er'AT ve Deer nC•:'cS Oi ;m tos D; me ir.aC: fdw!'•'e; vD- ru:s, Jointn' for v,. !n! :%miz. or, f.`.E sierem';: Ina'.'estI tic: mac! Dyv:u. 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G= .r v.c L i uniFund Unifund CCR Partners BILL OF SALE Unifund CCR Partners; for value received and in accordance with the terms of the Receivable Purchase Agreement by and among Unifund CCR Partners and a Bell, Inc ("Purchaser"), dated as of May 9, 2005 (the "Agreement', does hereby sell, assign an trans er to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, withqut recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on Ciu (/V UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner By David Rosenberg President For Unifund Use ONLY 12 Client M FID CID N i V C J N BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated as of February 28, 2005, between Citibank (South Dakota), National Association, a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") and Unifund CCR Partners, located at 10625 Techwoods Circle, Cincinnati, OH 45242 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated February 28, 2005, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, good and marketable title to the Accounts described in Section 1.2 of the Agreement, free and clear of all encumbrances, equity, lien, pledge, charge, claim, or security interest. This Bill of Sale, Assignment and Assumption Agreement is executed without recourse and without representations or warranties including, without limitation, warranties as to collectibility. Citibank ($&th Dakota), Unifund CCR Partners Byl \ By: ' is (Signature) CitiCards Name: Fin. Dffkego g T Finance Name: ,1 d ?n b/V Sioux Fans, SD r.or l?at Title: (F sal-z Title: VERIFICATION I, Patricia Cobb, Esquire , of Commonwealth Financial Systems, Inc., Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the foregoing civil action and that I am fully authorized to make this verification and that the facts set forth in the Complaint are true and correct to the best of my knowledge, information and belief. Verifier understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. '&/n (vim Date: PATRICIA COBB CFSI File No. a2 's Z 3 Cy m T ? r M c? m -'° ca n0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No. 06-4970 Civil Term VS. NICHOLIS GASPERETTI, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, AlanR. M6ge, Esquire, hereby certify that on August 29, 2006, Plaintiffs Notice of Appeal was sent to District Court 09-1-01 via certified mail, postage prepaid, and Plaintiff's Notice of Appeal and a true and correct copy of Plaintiff's Complaint was sent to the Defendant via certified mail, postage prepaid at Nicholis Gasperetti, 319 Manchester Rd., Camphill, PA 17011. By: Ah*R. M6ge, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5395 v,: ' n b , ? a ` s ? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Term VS. NICHOLIS GASPERETTI, Defendant TO THE CLERK OF SAID COURT: CIVIL ACTION PRAECIPE Please enter judgment in favor of Plaintiff Commonwealth Financial Systems, Inc. and against Defendant Nicholis Gasperetti in the amount of $3,139.20 plus costs and interest from August 14, 2006, for want of filing an Answer. I certify that a 10-day notice, a copy of which is attached hereto, was served on Defendant via first class mail on September 20, 2006. RM? :e,E Attorne8128 8 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5.93 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Term vs. : CIVIL ACTION NICHOLIS GASPERETTI, Defendant TEN DAY NOTICE TO: Nicholis Gasperetti, 319 Manchester Rd., Camphill, PA 17011 DATE OF NOTICE: September 20, 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR MONEY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 Meg*841'288 Attorney ID Attorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 W G J f ? 3 ?" L COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. NICHOLIS GASPERETTI, Defendant No. 06-4970 Civil Term CIVIL ACTION ( ) Notice is hereby given that a Judgment in the above captioned matter has been entered against you in the amount of $3,139.20 plus costs and fees on C?k ?q , 2006. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonot By: If you have questions regarding this Notice, please contact the filing party: NAME: Alan R. Me eEsq. ADDRESS: P.O. Box 1426 Bethlehem, PA 18016 TELEPHONE NO. 610-954-5393 (This Notice is given in accordance with Pa.R.C.P.§236.) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. NICHOLIS GASPERETTI, Defendant No. 06-4970 Civil Term CIVIL ACTION PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION And now comes Plaintiff and submits the instant Motion to Compel, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of $3,139.20 plus costs was entered in Cumberland County on October 5, 2006. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on October 6, 2006. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. Counsel for Plaintiff has made a good faith effort to confer with Defendant, but Defendant has still failed to reply. 5. A copy of this Motion and proposed Order were mailed to Defendant, via first class mail on June 8, 2007. A certificate of Service is attached hereto as Exhibit "A". 6. As of June 8, 2007, Plaintiff has not received answers to the Interrogatories. 7. Plaintiff requires an Order pursuant to Pa.R.C.P. 4019 (a) (1) (I), compelling the Defendants to answer the Interrogatories. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and enter an Order directing the Defendant to answer Plaintiff s Interrogatories within twenty (20) days or risk sanctions, pay fees in the amount of $100.00, as well as such other and further relief as the Court may deem just and appropriate. zjJa'nR. Mege, Es . Attorney ID N 1288 Attorney for Plaintiffs P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Term VS. CIVIL ACTION NICHOLIS GASPERETTI, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on June 8, 2007, I served a true correct copy of Plaintiffs Motion to Compel Defendant's Answers to Interrogatories in Aid of Execution and proposed Order by mailing same, first class, postage prepaid to: Nicholis Gasperetti, 319 Manchester Rd., Camphill, PA 17011. t By: Alan R. M6ge, Esqu' Atty. I.D. #8128 Attorney for Plaintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 k*, _ t-.? t ?.. . _ `_., 1 ? t ? - ?..., _. ?«?-^ j?. _.y-? C .?J ? . ... ?;., ?-?y / .. 1 t ? ? IAU IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY. PENNSYLVANIA CML DIVISION Commonwealth Financial Systems, Inc. V. Nicholis Gasperetti Case No. 06-4970 Civil Term Amount Due $3,139.20 Interest from $172.66 6% from 8/14/06 Atty's Fee** Costs to be added $174.00 PRAECIPE FOR WRIT OF EXECUTION To the Clerk of Courts: Issue a writ of execution in the above matter, (1) direct the Sheriff of Cumberland county; (2) against Nicholls Gaspe_ retti , defendant(s) and upon the (Name of Defendant(s)) following described property of the defendant(s) All t „_dible personal propffl y of he defendant located at 319 Manchester Rd Camphill, Pa 17011 (Supply four copies of lengthy personalty list) (if real property supply six copies of the description) (3) against , garnishee(s) for the following property: (4) and enter this writ in the judgment index (a) against defendant(s) and (b) against , as garnishee(s) as a lis pendens against real property of the defendant in name of gamishee as follows: (Specifically described property) Date: 6/8/07 Signature: Print Name: Al e e Es Address: PO ox 1426, Be hem, PA 18016-1426 Attorney for: Plain ff Telephone: (61 954-5393 Supreme Court ID No: R12RR "Where judgment has been entered under Rule 2951(a), attorneys' fees maybe included if they are authorized in the instrument and there has been a record appearance of counsel at any stage of the proceedings. Pa.R.C.P. 3251 J^ 4q o ?0 J 1 vd Fri - s s ' a :il WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4970 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff (s) From NICHOLIS GASPERETTI, 319 MANCHESTER RD., CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL TANGIBLE PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 319 MANCHESTER RD., CAMP HILL, PA 17011. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or 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 he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,139.20 Interest 6% FROM 8/15/06 - $172.66 Atty's Comm % Atty Paid $90.75 Plaintiff Paid Date: JUNE 13, 2007 (Seal) REQUESTING PARTY: Name ALAN R. MEGE, ESQUIRE Address: PO BOX 1426 BETHLEHEM, PA 18016-1426 Attorney for: PLAINTIFF Telephone: 610-954-5393 L.L. $.50 Due Prothy $2.00 Other Costs icFULY Supreme Court ID No. 81288 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Term VS. CIVIL ACTION NICHOLIS GASPERETTI, Defendant PLAINTIFF'S AMENDED MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION And now comes Plaintiff and submits the instant Motion to Compel, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of $3,139.20 plus costs was entered in Cumberland County on October 5, 2006. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on October 6, 2006. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. Counsel for Plaintiff has made a good faith effort to confer with Defendant, but Defendant has still failed to reply. 5. A copy of this Motion and proposed Order were mailed to Defendant, via first class mail on June 8, 2007. A certificate of Service is attached hereto as Exhibit "A". 6. As of June 8, 2007, Plaintiff has not received answers to the Interrogatories. 7. Plaintiff requires an Order pursuant to Pa.R.C.P. 4019 (a) (1) (I), compelling the Defendants to answer the Interrogatories. 8. No Judge has ruled upon any other issue in this matter. 9. Concurrence with the Pro Se Defendant has been sought and denied. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and enter an Order directing the Defendant to answer Plaintiff s Interrogatories within twenty (20) days or risk sanctions, pay fees in the amount of $100.00, as well as such other and further relief as the Court may deem just and appropriate. A R. Wge, Esq. Attorney ID No 288 Attorney for Plaintiffs P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- ? f''" ' ,? r31 r G .. -s Crl l "1 LAW OFFICES OF ALAN R. MEGE, ESQ. P.O. BOX 1426 70 EAST BROAD STREET BETHLEHEM, PA 18016-1426 Licensed in PA and NJ Todd A. Johns, Esq. Of Counsel Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: C.F.S.I. v. Gasperetti 06-4970 Civil Term Dear Clerk: (610) 954-5393 (610) 954-5395 FAX AlanM_Esq@juno.com June 15, 2007 Pursuant the email of Melissa H. Calvonelli from Court Administration, enclosed please find an Amended Motion to Compel. Also enclosed is a copy of the Amended Motion, which I would ask that you time-stamp and return to my office in the enclosed self-addressed, stamped envelope. Thank you for being of assistance in this matter. If you have any questions in regard to this matter, please do not hesitate to contact my office. ARM/jaa Enc. JUN 1 3 zonPA -5 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. NICHOLIS GASPERETTI, Defendant ?h AND NOW, this C day of No. 06-4970 Civil Term CIVIL ACTION ORDER -SJ ll , 2007, upon consideration of Plaintiff's Motion to Compel, and Defendant's response thereto, if any, it is hereby ORDERED that Plaintiff s Motion is GRANTED; and IT IS FURTHER ORDERED that Defendant must make full and complete answers to the interrogatories, without objection or motion for protective order, within twenty (20) days of the date of this Order or appropriate sanctions will be imposed upon Defendant following application to this Court. IT IS FURTHER ORDERED that counsel fees of $100.00 are awarded to Plaintiff and against Defendant as compensation for the preparation, service, and presentation of this motion, same to be paid within twenty (20) days of the date of this Order or appropriation. Distribution: Alan R. M6ge, Esq., 70 E Broad St., Bethlehem, PA 18016 Nicholis Gasperetti, 319 Manchester Rd., Camphill, PA 17011 I?i.i' i ? 'rid{ It1 611 :1 Irld 9- IT LODZ k st?,'av , b ,d .2Hl JO 30 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED., DEFENDANT MOVED OUT OF CUMBERLAND COUNTY. Sheriff's Costs: Advance Costs: 150.00 76.40 Docketing 18.00 $ 73.60 Poundage 1.50 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 06/19/07 Mileage 14.40 Surcharge 20.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 76.40 ? '?/a $?° qo Answers; ?- 'e R. Thomas Kline, Sheriff By (1aA. Brewbaker 7/10 T L? r v I e 8 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4970 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff (s) From NICHOLIS GASPERETTI, 319 MANCHESTER RD., CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL TANGIBLE PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 319 MANCHESTER RD., CAMP HILL, PA 17011. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or 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 he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,139.20 Interest 6% FROM 8/15/06 - $172.66 Atty's Comm % Atty Paid $90.75 Plaintiff Paid Date: JUNE 13, 2007 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs iiepury REQUESTING PARTY: Name ALAN R. MEGE, ESQUIRE Address: PO BOX 1426 BETHLEHEM, PA 18016-1426 Attorney for: PLAINTIFF Telephone: 610-954-5393 Supreme Court ID No. 81288 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. NICHOLIS GASPERETTI, Defendant No. 06-4970 Civil Term CIVIL ACTION PLAINTIFF'S MOTION FOR SANCTIONS And now comes Plaintiff and submits the instant Motion for Sanctions, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of $3,139.20 plus costs was entered in Cumberland County on October 5, 2006. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on October 6, 2006. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. After notice, a Motion to Compel was filed and an Order entered on July 6, 2007 requiring Defendant, within twenty(20) days, to make full and complete answers to Interrogatories. A true and correct copy of the July 6, 2007 Order is attached as Exhibit "A" . 5. As of July 27, 2007, Plaintiff has not received Defendant's answers to Interrogatories. 6. A copy of this Motion and proposed Order was sent to Defendant on July 27, 2007. A Certificate of Service is attached hereto. 7. Judge Ebert, Jr. has ruled upon Plaintiff s Motion to Compel. 8. Concurrence with the Pro Se Defendant has been sought and denied. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and Order that the Defendant shall pay a daily fine of $25.00 to the use of Plaintiff until Defendant complies with this Court's Order of July 6, 2007 and Defendant shall also pay $100.00 attorney's fees to Plaintiff within twenty (20) days of the date of this Order or appropriate sanctions will be imposed upon Defendant following application to this Court. AA? Mege, Es . Attorney ID No. 81288 Attorney for Plaintiff PO Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- JUN i 32007 f i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL, SYSTEMS, INC. Plaintiff Y ? j3 VS. NICHOLIS GASPERETTI, Defendant No. 04970 Civil Term CIVIL ACTION ORDER AND NOW, this 0?- day of 9114 12007, upon consideration of Plaintiff s Motion to Compel, and Defendant's response thereto, if any, it is hereby ORDERED that Plaintiff's Motion is GRANTED; and IT IS FURTHER ORDERED that Defendant must make full and complete answers to the interrogatories, without objection or motion for protective order, within twenty (20) days of the date of this Order or appropriate sanctions will be imposed upon Defendant following application to this Court. IT IS FURTHER ORDERED that counsel fees of $100.00 are awarded to Plaintiff and against Defendant as compensation for the preparation, service, and presentation of this motion, same to be paid within twenty (20) days_of the date of this Order or appropriation. J. Distribution: RUB= COPY FROM R :6 Alan R. M6ge, Esq., 70 E Broad St., Bethlehem, PA 18016 Tedkn fly Wh6W, I here u l" so my tw - A the so of aid at tom, Pa. a0a Nicholis Gasperetti, 319 Manchester Rd., Camphill, PA 17011x' do of Qph? . N ?? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. No. 06-4970 Civil Term CIVIL ACTION NICHOLIS GASPERETTI, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on July 27, 2007, I served upon Defendant, a true and correct copy of Plaintiff's Motion for Sanctions and proposed Order by mailing same, first class, postage prepaid to: Nicholis Gasperetti, 319 Manchester Rd., Camphill, PA 17011. By: Al . Mege, Es re Atty. I.D. #812 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 v Q CA COMMONWEALTH FINANCIAL IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC. CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NICHOLIS GASPERETTI, DEFENDANT NO. 06-4970 CIVIL ORDER OF COURT AND NOW, this 6th day of August, 2007, in consideration of the Plaintiff's Motion for Sanctions, IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall file an answer to the Plaintiff's Motion for Sanctions on or before August 27, 2007. IT IS FURTHER ORDERED AND DIRECTED that a hearing on the imposition of sanctions which may include a finding and imposition of punishment for contempt shall be held on Friday, September 7, 2007, at 11:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The Defendant shall be served with this order and proof of service shall be provided to the Court prior to the hearing. R. Mege, Esquire Attorney for Plaintiff icholis Gasperetti Defendant J bas 0 By the Court, ,yt? I M. L. Ebert, Jr., J. /? t1'fNWOASN', v3d ?I .C Wd 9- OnV LOOZ Ad oivvi OJd 31Hi 3O COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. NICHOLIS GASPERETTI, Defendant No. 06-4970 Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on August 8, 2007, I served a true and correct copy of the Court's Order of August 6, 2007was sent to the Defendant via regualr mail, postage prepaid to: Nicholis Gasperetti, 319 Manchester Rd., Camphill, PA 17011. By: Al . Mege, Es e Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5395 CJ o p lre_ W . l ^Y 4... .r ^?, - 4 0 7 COMMONWEALTH FINANCIAL SYSTEMS, INC., PLAINTIFF V. NICHOLIS GASPERETTI, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4970 C i v r L- ORDER OF COURT AND NOW, this 7th day of September, 2007, the Defendant having failed to appear this date for the hearing regarding the Motion for Sanctions filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that a Bench Warrant shall issued for the Arrest of Nicholis Gasperetti. wi. L.. Luci &, %J1.9 Alan R. Mege, Esquire Attorney for Plaintiff Nicholis Gasperetti g1° 7/0 1 Defendant Cumberland County Sheriff J. bas By the Court, YNVIAI MNn'. m SS =11 WV L- 43S LOBt J&,o J 14% COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS: OCA: TO: R. Thomas Kline, Sheriff, or any duly authorized law enforcement officer. RE: NICHOLIS GASPERETTI 319 Manchester Road Camp Hilt, PA 17011 DOB: 01/27183 SEX: M RACE: WHITE HT: WT: EYES: hazel HAIR: bro OLN:27013455 SID: FBI: DOCKET #: 06-4970 Civil SSN: WHEREAS, the above-named defendant failed to appear for a hearing held on September 7, 2007 at 11:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. WHEREAS, this Court on September 7, 2007, directed a Bench Warrant be issued for the apprehension of the NICHOLIS GASPERETTI. This is therefore to command you to arrest the defendant above. It is specifically ordered that the Sheriff of Cumberland County shall only serve this warrant on a weekday between the hours of 8:30 a.m. and 3:00 p.m. and shall bring Defendant immediately before the Court for the purposes of posting security and setting a final hearing on the issue of Sanctions. WITNESS the undersigned Judge, at Carlisle, this 7th day of September, 2007. N\ _k'- ?'a ly M. L. Ebert, Jr., J. ATTEST: CL RK OF THE COU y„ (SEAL) COMMONWEALTH FINANCIAL IN THE COURT OF COMMON PLEAS OF SYSTEMS, CUMBERLAND COUNTY, PENNSYVLANIA Plaintiff V. NICHOLIS GASPERETTI, Defendant NO. 06-4970 CIVIL TERM IN RE: BENCH WARRANT VACATED ORDER OF COURT AND NOW, this 14th day of September, 2007, the Defendant in the above-captioned matter having voluntarily appeared in court, the bench warrant previously issued for his arrest is vacated. The Defendant is directed to appear for a hearing in regard to the Plaintiff's Motion for Sanctions on October the 5th, 2007, at 3:30 p.m. By the Court, M. L. ?C1an R. Mege, Esquire For the Plaintiff icholis Gasperetti 775A Waltonville Roy Hummelstown, PA 170 Sheriff J :lfh )ANVAIASNN3d a 1 I I WV I I MOM AdViONQHICJd 3A dQ 3OUIts-CMU COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff V NICHOLIS GASPERETTI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 06-4970 CIVIL IN RE: CONTEMPT HEARING ORDER OF COURT AND NOW, this 5th day of October, 2007, upon consideration of the plaintiff's motions for sanctions, and after hearing, IT IS HEREBY ORDERED AND DIRECTED that the Court does find that the defendant did fail to comply with the Court's Order of July 6, 2007. Accordingly, the plaintiff's motion for sanctions is granted. IT IS FURTHER ORDERED AND DIRECTED that the defendant shall pay counsel fees in the amount of $200.00 to the plaintiff for compensation of preparation, service, presentation and hearing on this particular motion. Said sum shall be paid on or before the close of business December 31, 2007. IT IS FURTHER ORDERED AND DIRECTED that the defendant shall mail within ten days of today's date his completed 2006 income tax return to counsel for Commonwealth Financial Systems. By the Court, 1%, ?, AA M. L. Ebert, Jr., J. / an R. Mege, Esquire P.O. Box 1426 Bethlehem, Pa. 18016-1426 For the Plaintiff /icholis Gasperetti, Defendant 975-A Waltonville Road Hummelstown, Pa. 17036 A :mtf MNVAIASNN3d ?151?3l "'?, r r,I s £ :01 NV 01 130 LODZ AdViCNOHIOdd 3U ?O 30u:o? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No. 06-4970 Civil Term VS. : CIVIL ACTION NICHOLIS GASPERETTI, Defendant PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AG EMENT The above Plaintiff files the within motion to enforce settlement agreement reached in the above matter and in support thereof states the following: 1.Judgment for Plaintiff and against Defendant in the sum of $3,139.20 plus costs was entered in Cumberland County on October 5, 2006. 2. On October 10, 2007, the Defendant and counsel for Plaintiff negotiated a settlement of the case by entering into a payment arrangement. 3. The settlement agreement was codified by letter of October 10, 2007, a true and correct copy of which is attached hereto made a part hereof, and marked Exhibit "A". 4. Plaintiff has tried numerous times to contact the Defendant with regard to the settlement, but has received not received any payments as of June 18, 2008. 5. Plaintiff requests that the Court enforce the terms of the settlement agreement and enter an appropriate Order directing Defendant to complete the terms of said agreement. WHEREFORE, Plaintiff respectfully request that the Court enforce the terms of terms of the settlement agreement and Order Defendant to make a lump sum payment of $565.75 per within thirty (30) days and to reimburse Plaintiff in the amount of $100.00 for preparation and presentation of the within motion to enforce. By, Mege, Es e Attorney for Plaintiff LAW OFFICES OF ALAN R. MEGE, ESQ. P.O. BOX 1426 70 EAST BROAD STREET BETHLEHEM, PA 18016-1426 Licensed in PA and NJ Todd A. Johns, Esq. Of Counsel (610) 954-5393 (610) 954-5395 FAX AlanM_Esq@juno.com October 10, 2007 Nicholis Gasperetti 975 A. Waldonville Rd. Hummelstown, PA 17036 RE: CFSI v Gasperetti 06-4970 Dear Mr. Gasperetti: Pursuant to our conversation, I spoke to my client and requested authorization to accept as settlement in full their out of pocket costs for purchasing the account and their payments to the courts. I have been authorized to accept the amount of $565.75 as settlement in full in this matter as long as it is received by the end of 2007 and it is accompanied by affidavits with regard to your payment of the credit card account by telephonic funds transfer. The checks/money orders should be made payable to "Alan Mege, atty for CFSI", and mailed to Law Offices of Alan M6ge, P.O. Box 1426, Bethlehem, PA, 18016-1426. We have also agreed that we will not proceed with further collection activity as long as you do not default on the above payment plan or fail to comply with Judge Ebert's Order ($200.00 for attorneys fees by years end). I appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions or comments, please feel free to contact my office. ARM/mjk Very truly yours, -:??an R. M' This message is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. ??y LAW OFFICES OF ALAN R. MEGE, ESQ. P.O. BOX 1426 70 EAST BROAD STREET BETHLEHEM, PA 18016-1426 Licensed in PA and NJ Todd A. Johns, Esq. Of Counsel (610) 954-5393 (610) 954-5395 FAX AlanM_Esq@juno.com December 10, 2007 Nicholis Gasperetti 975 A. Waldonville Rd. Hummelstown, PA 17036 RE: CFSI v Gasperetti 06-4970 Dear Mr. Gasperetti: Please note that pursuant to out payment arrangement, the amount of $565.75, affidavits with regard to your payment of the credit card account by telephonic funds transfer, and $200.00 are due in our office no later than December 31, 2007. The checks/money orders should be made payable to "Alan Mege, atty for CFSI", and mailed to Law Offices of Alan Mege, P.O. Box 1426, Bethlehem, PA, 18016-1426. I appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions or comments, please feel free to contact my office. ARM/mjk Very truly yours, an . M' This message is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF ALAN R. MEGE, ESQ. P.O. BOX 1426 70 EAST BROAD STREET BETHLEHEM, PA 18016-1426 Licensed in PA and NJ Todd A. Johns, Esq. Of Counsel (610) 954-5393 (610) 954-5395 FAX AlanM_Esq@juno.com May 22, 2008 Nicholis Gasperetti 975 A. Waldonville Rd. Hummelstown, PA 17036 RE: CFSI v Gasperetti 06-4970 Dear Mr. Gasperetti: Please note that pursuant to out payment arrangement, the amount of $565.75 and affidavits with regard to your payment of the credit card account by telephonic funds transfer are now past due. The checks/money orders should be made payable to "Alan Mege, atty for CFSI", and mailed to Law Offices of Alan Mege, P.O. Box 1426, Bethlehem, PA, 18016-1426. I appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions or comments, please feel free to contact my office. ARM/mjk Very truly s, R. ge This message is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Term vs. NICHOLIS GASPERETTI, Defendant : CIVIL ACTION PLAINTIFF'S BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT Plaintiff, by and through it's counsel, Alan R. Mege, Esq., file the within Brief in support of Plaintiff's Motion to Enforce Settlement Agreement, as follows: 1. STATEMENT OF FACTS/PROCEDURAL HISTORY Plaintiff obtained a judgment against Defendant on October 5, 2006 in the amount of $3,139.20. On October 10, 2007, the Defendant and counsel for Plaintiff negotiated the case by entering into a payment arrangement. The settlement agreement was codified by letter of Octbtber 10, 2007, a true and correct copy of which is attached to the Motion as Exhibit 'W'. Plaintiff has tried numerous times to contact the Defendant, but has not received any payments as of June 18, 2008. H. QUESTION PRESENTED A. Should the Court enforce the settlement agreement reached by the parties against the Defendant and require the Defendant to make the agreed upon monthly payments? Suggested Answer: YES III. ARGUMENT The Court should enforce the settlement agreement reached by the parries against the Defendant and require the Defendant to make the agreed upon lump sum payments. The proper way in which to enforce a settlement agreement is by motion to the court. Genviva v. Frisk, 725 A.2d 1209 (Pa. 1999). The parties in the above matter, negotiated a settlement. Pursuant to the settlement, Defendant was to pay Plaintiff a payment of $565.75, to be received by December 31, 2007. As of June 18, 2008, Plaintiff has not received any payments. As the parties had negotiated a settlement agreement, the court should enforce same. Where the essential terms of a settlement agreement have been negotiated, the fact that they have not formalized the agreement in writing does not prevent the enforcement of the agreement. Mazzella v. Koken, 739 A.2d 531 (Pa. 1999). Enforcement of settlement agreements further the public policy of entering into such agreements, expeditious termination of cases, lower the costs expended by parties, and act as releases for future liability issues. Kramer v. Schaeffer, 751 A.2d 241 (Pa. Super 2000). The same public policy concerns are present in this case. In order to effectuate the settlement of the parties, it is proper for the Court to Order the Prothonotary to enter judgment and Order the Defendant to make the lump IV. CONCLUSION WHEREFORE, Plaintiff respectfully request that the Court grant its' Motion, enforce the settlement agreement of the parties, and award counsel fees. By: Bffy. I.D. #81288 Attorney for Plaintiff PO Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 .. I. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Term VS. CIVIL ACTION NICHOLIS GASPERETTI, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on June 18, 2008, I served a true correct copy of Plaintiffs Motion to Enforce Settlement Agreement, Brief in Support of and proposed Order, by mailing same, first class, postage prepaid to: Nicholis Gasperetti, 975 A. Waldonville Road, Hummelstown, PA 17036. By: squir Atty. I.D. #81288 Attorney for Pl tiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 x `? --_j COMMONWEALTH FINANCIAL IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC. CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NICHOLIS GASPERETTI, DEFENDANT NO. 06-4970 CIVIL ORDER OF COURT AND NOW, this 7th day of July, 2008, upon consideration of the Plaintiff's Motion to Enforce Settlement Agreement and the Court noting that the Plaintiff obtained a judgment against the Defendant which was recorded in Cumberland County on October 5, 2006, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiffs Motion to Enforce Settlement Agreement is DENIED, the Plaintiff has a remedy at law for the collection of the judgment. Xan R. Mege, Esquire Attorney for Plaintiff Xicholis Gasperetti Defendant J bas By the Court, %-L M. L. Ebert, Jr., 0 J. So •h WJ L- Ifir ' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Term vs. CIVIL ACTION NICHOLIS GASPERETTI, Defendant PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION And now comes Plaintiff and submits the instant Motion to Compel, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of $3,139.20 plus costs was entered in Cumberland County on October 5, 2006. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on September 10, 2008. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. Counsel for Plaintiff has made a good faith effort to confer with Defendant, but Defendant has still failed to reply. 5. A copy of this Motion and proposed Order were mailed to Defendant, via first class mail on October 14, 2008. 6. As of October 14, 2008, Plaintiff has not received answers to the Interrogatories. 7. Plaintiff requires an Order pursuant to Pa.R.C.P. 4019 (a) (1) (I), compelling the Defendants to answer the Interrogatories. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and enter an Order directing the Defendant to answer Plaintiff's Interrogatories within twenty (20) days or risk sanctions, pay fees in the amount of $100.00, as well as such other and further relief as the Court may deem just and appropriate. ege, Attorney I o.81288 Attorney for Plaintiffs P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Term vs. CIVIL ACTION NICHOLIS GASPERETTI, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on October 14, 2008, I served a true correct copy of Plaintiff s Motion to Compel Defendant's Answers to Interrogatories in Aid of Execution and proposed Order by mailing same, first class, postage prepaid to: Nicholis Gasperetti, 319 Manchester Rd., Camphill, PA 17011. By: Al &g d, quir Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 r-I C;p C3 rt ru -t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No. 06-4970 Civil Term vs. NICHOLIS GASPERETTI, Defendant CIVIL ACTION PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION And now comes Plaintiff and submits the instant Motion to Compel, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of $3,139.20 plus costs was entered in Cumberland County on October 5, 2006. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on September 10, 2008. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. Counsel for Plaintiff has made a good faith effort to confer with Defendant, but Defendant has still failed to reply. 5. A copy of this Motion and proposed Order were mailed to Defendant, via first class mail on November 5, 2008. 6. As of November 5, 2008, Plaintiff has not received answers to the Interrogatories. 7. Plaintiff requires an Order pursuant to Pa.R.C.P. 4019 (a) (1) (I), compelling the Defendants to answer the Interrogatories. Ai 8. Judge Ebert has ruled upon other issues in this matter. 9. Concurrence with the Pro Se Defendant has been sought and denied. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and enter an Order directing the Defendant to answer Plaintiff's Interrogatories within twenty (20) days or risk sanctions, pay fees in the amount of $100.00, as well as such other and further relief as the Court may deem just and appropriate. Alan R. Mege, q. Attorney ID No. 81288 Attorney for Plaintiffs P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- ,t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. NICHOLIS GASPERETTI, Defendant No. 06-4970 Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on November 5, 2008, I served a true correct copy of Plaintiffs Motion to Compel Defendant's Answers to Interrogatories in Aid of Execution and proposed Order by mailing same, first class, postage prepaid to: Nicholis Gasperetti, 319 Manchester Rd., Camphill, PA 17011. By: _ Alan ege, Esquir Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 ,.0 rn N2 I - % COMMONWEALTH FINANCIAL IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC. CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NICHOLIS GASPERETTI, DEFENDANT NO. 06-4970 CIVIL ORDER OF COURT AND NOW, this 14th day of November, 2008, upon consideration of the Plaintiff's Motion to Compel, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Defendant shall provide full and complete answers to the Plaintiff's Interrogatories in Aid of Execution on or before December 19, 2008; 2. The Sheriff shall personally serve a copy of this Order upon the Defendant; 3. Failure of the Defendant to comply with this Order of Court may result in sanctions to include being held in Contempt of Court. By the Court, ,/ Alan R. Mege, Esquire Attorney for Plaintiff X.1cholis Gasperetti Defendant Sheriff - bAS lilrlof' bas Opt ES' /rt a`Zl 1 M. L. Ebert, Jr., J. 3d 5.1 ti L ? :6 WV L I AON OOOZ 31HI JO I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Term vs. CIVIL ACTION NICHOLIS GASPERETTI, Defendant PLAINTIFF'S MOTION FOR SANCTIONS And now comes Plaintiff and submits the instant Motion for Sanctions, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of $3,139.20 plus costs was entered in Cumberland County on October 5, 2006. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on September 10, 2008. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. After notice, a Motion to Compel was filed and an Order entered on November 14, 2008 requiring Defendant, within twenty(20) days, to make full and complete answers to Interrogatories. A true and correct copy of the November 14, 2008 Order is attached as Exhibit" A" . 5. As of April 3, 2009, Plaintiff has not received Defendant's answers to Interrogatories. 6. A copy of this Motion and proposed Order was sent to Defendant on April 3, 2009. A Certificate of Service is attached hereto. 7. Concurrence with the Pro Se Defendant has been sought and denied. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and Order that the Defendant shall pay a daily fine of $25.00 to the use of Plaintiff until Defendant complies with this Court's Order of November 18, 2008 and Defendant shall also pay $100.00 attorney's fees to Plaintiff within twenty (20) days of the date of this Order or appropriate sanctions will be imposed upon Defendant following application to this Court. Alan R. Meg e, Esq. Attorney ID No. 8 8 Attorney for Plaintiff PO Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- 1 COMMONWEALTH FINANCIAL IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC. CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NICHOLIS GASPERETTI, DEFENDANT NO. 06-4970 CIVIL ORDER OF COURT AND NOW, this 14th day of November,' 2008, upon consideration of the Plaintiff's Motion to Compel, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Defendant shall provide full and complete answers to the Plaintiff's Interrogatories in Aid of Execution on or before December 19, 2008; 2. The Sheriff shall personally serve a copy of this Order upon the Defendant; 3. Failure of the Defendant to comply with this Order of Court may result in sanctions to include being held in Contempt of Court. , , By the Court, Alan R. Mege, Esquire Attorney for Plaintiff Nicholis Gasperetti Defendant Sheriff' bas I Nov 1 8 2008 ?A4 M. L. Ebert, Jr., J. COPY i here ur.-,-) my ban' + • Court at Gar EY+ e, Pa- ," tile : t vnwpr k?AI COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. NICHOLIS GASPERETTI, Defendant No. 06-4970 Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on April 3, 2009, I served upon Defendant, a true and correct copy of Plaintiff's Motion for Sanctions and proposed Order by mailing same, first class, postage prepaid to: Nicholis Gasperetti, 319 Manchester Rd., Camphill, PA 17011. Alan R. Mege, Esquir Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 2gciq APR -b NM 3: 42 COMMONWEALTH FINANCIAL IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC. CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NICHOLIS GASPERETTI, : DEFENDAN NO. 06-4970 CIVIL PLAINTIF FOR ORDER OF COURT AND NOW, this 0 th day of April, 2009, upon consideration of the Plaintiff's Motion for Sanctions, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issue upon the Defendant to show cause why the sanctions requested by the Plaintiff should not be granted; 2. The Rule is returnable and hearing on this matter shall be held on Tuesday, May 12, 2009, at 11:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 3. The Sheriff of Cumberland County shall personally serve a copy of this order upon the Defendant. Failure of the Defe?dant to appear at the time and place set for the hearing in this matter may result in a bench warrant being issued for his arrest. By the Court, k M. L. Ebert, Jr., J. .41an R. Mege, Esquire Attorney for Plaintiff /<icholis Gasperetti Defendant 319 Manchester Road Camp Hill, PA 17011 Sheriff - tors 4,13?f1 Court Administrator -bp6 ?I o?? NI13)aq bas r 'F oS _ ova cis av Sheriffs Office of Cumberland County R Thomas Kline a ttr of cumbprr ? Edward L Schorpp Sheriff r Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF ICE OF THE s"ER'FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/14/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Nicholis Gasperetti, but was unable to locate him in his bailiwick. He therefore returns the within Order of Court as not found as to the defendant Nicholis Gasperetti. The resident of 319 Manchester Road Camp Hill, Pennsylvania 17011 is the defendants grandmother, Robin Gasperetti and she does not know where Nicholis Gasperetti lives. An exact address is not available. SHERIFF COST: $33.00 April 22, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 2006-4970 Commonwealth Financial Services VS Nicholis Gasperetti FILED-r;Irt={CrE OF THc F`?07, , ,rl ' TA?Y 2009 APR 27 k11 is 36- COMMONWEALTH FINANCIAL IN THE COURT OF COMMON PLEAS OF. SYSTEMS CUMBERLAND COUNTY, PENNSYLVANIA V. NICHOLIS GASPERETTI 06-4970 CIVIL ORDER OF COURT AND NOW, this 12th day of May, 2009, counsel for the plaintiff indicating that he is getting phone calls that may rise to the level of criminal harassment or harassment by communication from the defendant in this case, IT IS HEREBY ORDERED AND DIRECTED that the defendant shall not make abusive calls using any obscene language, repeated calls, or any tone of voice that could be in in any way interpreted as harassment. While this case is still pending, IT IS FURTHER ORDERED AND DIRECTED that should the defendant change addresses he shall immediately notify the Prothonotary's Office to update his address so that proper service can be made. Failure to do this may result in the defendant being held in contempt. It appearing that the cost of sheriff service should be borne by the defendant in this case, IT IS HEREBY ORDERED AND DIRECTED that the defendant pay the plaintiff's counsel the amount of $300.00 to cover costs of service. The defendant will be given until December 31, 2009, to pay this cost. By the Court, lvk All M. L. Ebert, ?Jr4.,. Alan R. Mege, Esquire For Commonwealth Financial Systems 12L?tis? rnalj „ Nicholis Gasperetti sl f/ 319 Manchester Road Camp Hill, Pa. 17011 :mtf ?'=T" Z?0'3 F.i ? 1 rye. ?.?? ?.,, Sheriffs Office of Cumberland County R Thomas Kline Qarstp of clunGrr,77? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy C P rf [cE CF Br. r ?ERIFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/01/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nicholis Gasperetti, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Order of Court according to law. 05/07/2009 York County Return: And now, May 7, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Nicholis Gasperetti the defendant named in the within Complaint and that I am unable to find him in the County of York and therefore return same NOT FOUND. SHERIFF COST: $37.00 May 28, 2009 06-4970 Commonwealth Financial Systems, Inc. VS Nicholis Gasperetti COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGt ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LIVE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBE i a 4 TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/S/ (4 113 ?01) bwzA (X SERVE 5 NAME OFINN?DI``VIDUAL, COM ANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD ??Zl7l1?, ?C S AS432r -7TH PERSONAL ?0 Ljbj ST 6 ADORE S (ST ET OR RFO WITH BOX NUMBER, APT NO. CITY. BORO. TWP. STATE AND ZIP CCUE) AT 2-? VVCS'C ST 1 - M _&-P_R.q IPA I 3 (? 7. INDICATE SERVICE ERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE O CERT MAIL O 1 ST CLASS MAIL 0 POSTED 0 OTHER NOW MAY 1, 2609 20 I, SHERIFF O rLWJbWtft NTY, P , d hereby deputize the sheriff of YORK COUNTY to execute t wp-rJuo th ' cording to law. This deputization being made at the request and risk of the plaintiff. ?..?.,.?1- ,- 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE .* far n9 is may 12; woq ? pimse sevUe, I ke ?1 OF CO CUMBERLAND P SQA- "------? ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED 12. SEND NAME AND ADDRESS BELOW: (Tlfs area must be completed d bce is to be mail C ERLAND CO _9 IIN-i 6L 5P CE E3El FOR U ? TIC- DO NOT W BELOW TI#S iME 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. MJ MCGILL YCSO 5-5-2009 5-8-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS le Mies 101 Date Time Miles Int I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int I Date I Time I Miles I Int. 22 DEF CALLED ON 5-8 , GCff GIVE OUT HIS ADDRESS, WAS VERY RUDE. MADE AN APPOINTMENT TO PICK UP BUT NEVER SHOKE?D UP. PER MOTHER AT THIS ADDRESS SHE KICKED HIM OUT OVER 9 YRS AGO. HE MAY BE SOMEWHERE IN CAMP HILL OR HARRISBURG. 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due olf-Refund Check N $100.00 -o01 ,C90 r < "' 00 1 'Roy 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38 Mleage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund 21St SO ANSWERS 41. AFFIRMED and subscribed to be A. 4 ! h 'Q 44. Signature of 45. DATE 43 42 day of. u._ .20 Dep. Sheriff tplCTF1i`! NOTAR 46. Signature of York 47. DATE (_iC County Sheriff Y RICHARD P. K UERLEB ? , I 5-21-2009 48 Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 171 uA l c Ktc uvtu OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY -Sheriff's Office 4. BLUE - Shenffs Office ?. .' ?.°' U 1, _I Sheriffs Office of Cumberland County R Thomas Kline ??tp eC tua,ber,'?0 Edward L Schorpp Sheriff r Solicitor Ronny R Anderson Jody S Smith Chief Deputy or" OF r?* 04RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/08/2009 05:00 P -Michael Ba,dck, Deputy Sheriff, who being duly sworn according to law, states that on May 8, 2009 at 700 hours, he served a true and correct copy of the within Order of Court, upon the within namec defenda t, to wit: Nicholis Gasperetti, by making know unto Margarette Gasperetti, grandmother of defenda it at 319 Manchester Road, Camp Hill, Cumberland County, Pennsylvania 7011 its contents and at the s me time handing to her personally the said true and correct copy of the same. SHERIFF COST: May 28, 2009 wealth Financial Services VS Gasperetti SO ANSWERS, ? ?aN?"& "" A R THOMAS KLINE, SHERIFF By eputy Sheriff r-- N s.? i -71 C- r:i _ ; 1 .' ?LD rV ? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Term VS. NICHOLIS GASPERETTI, Defendant : CIVIL ACTION CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.R.C.P. No. 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, I, Alan R. Mege, Esquire, hereby certify that: 1. Notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed to Plaintiff at least twenty days prior to the date the subpoena is sought to be served; 2. A true and correct copy of the notice of intent, including the proposed subpoena, are attached hereto; 3. No objection to the subpoena has been received; and 4. The subpoena that will be served is identical to the subpoena which was attached to the notice of intent to serve subpoena. By: Al R. Mege, Es ire Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-4970 Civil Tenn vs. NICHOLIS GASPERETTI, Defendant CIVIL ACTION NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. No. 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to the notice. You have twenty (20) days from the date listed below in which to file of record and serve the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: O Alan R. Mege, Esq.. Attorne r Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Commonwealth Financial Systems, Inc. File No. 06-4970-Civil Term V. Nicholis Gasperetti TO: Technisource (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents referencing direct deposit and payroll information for Defendant. at 70 E. Broad Street, Bethlehem, PA 18016-1426 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Alan R. Mege, Esq. ADDRESS: 70 E. Broad St., PO Box 1426 Bethlehem, PA 18016-1426 TELEPHONE: 610-954-5393 SUPREME COURT ID# 81288 ATTORNEY FOR: Plaintiff Date: 2 / 'S al of a Court SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BY WOURT: rotthonota ' von Deputy -UIb-)17 ALf-.D-0 OF THE XAPY 2009 JUN 15 Pi"I 3: 33 r ?:; a ??,?`??la•>"r,f?.iN. Commonwealth Financial Systems, Inc. V. Nicholis Gasperetti 507a pq bon Or v..8wa.+aru., PA 17111 BELCO Community Credit Union Case No. 06-4970-Civil Term Amount Due $3,139.20 Interest from 8/14/06 @ 6% ($580.90) Atty's Fee** Costs to be added Gamishee PRAECIPE FOR WRIT OF EXECUTION To the Clerk of Courts: Issue a writ of execution in the above matter, (1) direct the Sheriff of CUMBERLAND county, (2) against Nicholis Gasperetti , defendant(s) and upon the {Name of Defendant(s)) following described property of the defendant(s) Al Ang ibl personal pro-perty of the defendant located at GARNISHMENT ONLY! (Supply four copies of lengthy personalty list) (if real property supply six copies of the description) (3) against BELCO Community Credit Union , garnishee(s) for the following property: any an all accounts savings Checking. certificate of deposit or otherwise including safe deposit boxes 3500 Trindle Rd., Camp Hill, PA 17011 (4) and enter this writ in the judgment index (a) against defendant(s) and (b) against , as garnishee(s) as a lis pendens against real property of the defendant in name of garnishee as follows: (Specifically described property) Date: 9118/09 Signature: Print Name: Alan R. Metre, Esq. Address: PO Box 1426, Bethlehem, PA 18016-142¢ Attorney for: Plaintiff Telephone: (5]419, 54__5m Supreme Court ID No: 81288 ** Where judgment has been entered under Rule 2951(a), attorneys' fees may be included if they are authorized in the instrument and there has been a record appearance of counsel at any stage of the proceedings. Pa.R.C.P. 3251 ORIGINAL 0 OFFlLEi 1G z 0? S EP 2 P : 22 $0.60 Po AV" 910-40 MF ql. 50 loo. 00 M. oo 37.00 '? 4a .40 55. d5 9. oo " A4.oo ?. 3.00 " 'Yq0(0.05- PD AMY $a•oo Poe co axo 1040a eawW Wri+op E, Ole WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4970 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff (s) From NICHOLIS GASPERETTI, 5072 Pajabon Drive, Swatara, PA 17111 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: BELCO COMMUNITY CREDIT UNION, 3500 Trindle Road, Camp Hill, PA 17011 All tangible personal property and any and all accounts, savings, checking, certificate of deposit or otherwise, including safe deposit boxes of defendant. 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 he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,139.20 Interest from 8/14/06 @ 6% -- $580.90 Atty's Comm % Atty Paid $406.05 Plaintiff Paid Date: 9/21/09 L.L. Due Prothy $2.00 Other Costs JCR. Long, ?Plo (Seal) By: Deputy REQUESTING PARTY: Name ALAN R. MEGE, ESQUIRE Address: LAW OFFICES OF ALAN R. MEGE PO BOX 1426 BETHLEHEM, PA 18016-1426 Attorney for: PLAINTIFF Telephone: 610-954-5393 Supreme Court ID No. 81288 Sheriffs Office of Cumberland County R Thomas Kline RLH)-0r1QE Sheriff OF THE P'ROTHOO 7 1?,, of 4ii?i?trtr ?4t ?X?lt? Ronny R Anderson 2009 OCT "2 AM 10: 29 Chief Deputy Jody S Smith y- Civil Process Sergeant PENNSYLVI Edward L Schorpp Solicitor Commonwealth Financial Services vs. Case Number Nicholis Gasperetti 2006-4970 SHERIFF'S RETURN OF SERVICE 09/29/2009 04:08 PM - Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2009 at 1600 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Nicholis Gasperetti, in the hands, possession, or control of the within named garnishee, Belco Community Credit Union, 3500 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Rebekah Nicholson, Branch Specialist, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on 10-02-09 to Nicholis Gasparetti at 5072 Pajabon Drive, Swatara, PA 17111. So Answers, l R. Thomas Kline, Sheriff By D p ty Sheriff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. NICHOLIS GASPERETTI, Defendant BELCO COMMUNITY CREDIT UNION, GARNISHEE : No. 06-4970 Civil Term : CIVIL ACTION PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are hereby authorized, empowered, and directed to enter the following on the records thereof against Garnishee, BELCO Community Credit Union: The within suit is Settled, Discontinued, Ended with costs paid. The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. XXX Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. Other: DATE: October 29, 2009 WITNESS (if signer is other than a registered attorney): ignature of Authorizing Party Attorney or Notary COST PAYMENT VERIFICATION Alan R. Moe. Eso Type or print name of above signer I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID INCLUDING SHERIFF'S COSTS: AND HEREBY VERIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA C.S. 64904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Signature n FLED- qppy 2.41 to p 4Ld l . PP P to jw16 Z* 4 00988