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HomeMy WebLinkAbout06-7095F: \FILES\DATAFILE\General\Current\ 12258. I.... Created: 10/17/00 10:08:38 AM Revised: 12/12/06 01:35:34 PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - '169.$ CIVIL TERM JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams & Otto, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint will be assumed to be valid by the Creditor's law firm, unless the Debtor, within thirty days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor notifies the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: MARTSON DEARDORFF WILLIAMS & OTTO Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 THIS LETTER AND DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants : NO. 06 - 16 Q? CIVIL TERM COMPLAINT AND NOW, come the Plaintiff, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. The Plaintiff, Martha M. Kelley, is an adult individual residing at 819 Crescent Drive, Shippensburg, Cumberland County, Pennsylvania (herein, the "Property"). 2. Defendants, John E. and Joyce D. Shannon, husband and wife, are adult individuals residing at 78 Lantern Lane, Shippensburg, Cumberland County, Pennsylvania. 3. Defendant John is Plaintiff's nephew. 4. Prior to October 25, 2005, Defendants requested from Plaintiff a loan in the amount of $78,000.00. 5. At that time, Defendants recommended to Plaintiff that she obtain a loan from her bank, M&T Bank, and use the Property as collateral. 6. Per an oral agreement, Plaintiff promised to lend to Defendants $78,000.00 and Defendants agreed to make the monthly payments that would be owed to M&T Bank for the loan of $78,000.00 ("Agreement"). 7. In addition, Defendants promised that they would repay the loan to M&T Bank in full three (3) months after the loan was obtained by Plaintiff. 8. On or about October 25, 2005, Plaintiff executed certain loan documents to obtain a home equity loan from M&T Bank in the amount of $78,000.00. 9. The loan terms took effect on October 25, 2005, and required payments in the amount of $627.96 each month for 240 consecutive months at a fixed interest rate of 7.49%. A true and correct copy of a M&T Bank letter setting forth the terms is attached hereto as Exhibit "A." 10. The $78,000.00 was paid by M&T Bank directly to Defendants. A true and correct copy of the check is attached hereto as Exhibit "B." 11. Defendants began making payments to M&T Bank per the Agreement between Plaintiff and Defendants. 12. Defendants made the first six payments to M&T Bank in the amount of $627.96, each for a total of $3,767.76. A true and correct copy of the receipts are attached hereto as Exhibit "C." 13. Thereafter, which was on or about May of 2006, Defendants failed to make any further payments under the Agreement. 14. Defendants told Plaintiff they would not be making any further payments and would not satisfy the debt now owed. 15. Since May of 2006, Plaintiff has made the monthly loan payments in the total amount of $5,023.68. 16. As of this date, Defendants have failed to make any further payments. 17. The remaining balance on the loan as of December 1, 2006, is $76,211.58. Please see Exhibit "A." 18. Plaintiff will be forced to continue making monthly payments in the amount of $627.96 until the balance is paid in full. 19. In addition, plaintiff has been forced to pay late fees incurred by Defendants. COUNT I - PLAINTIFF v. DEFENDANTS MISREPRESENTATION AND FRAUD 20. The averments of paragraphs 1 through 18 are hereby incorporated by reference. 21. Defendants, by their acts, omissions and silence, acted in a consistent manner reasonably calculated to misrepresent their intent not to pay the amount owed each month under the Agreement and not to pay the entire balance owed to Plaintiff three (3) months from October 25, 2005. 22. Plaintiff reasonably and justifiably relied on the representations, as stated above, that were made by Defendants. 23. As a direct and proximate result of Plaintiff's reliance on the misrepresentations of the Defendants, the Plaintiff obtained a loan from M&T Bank and the proceeds of the loan in the amount of $78,000.00 were paid directly to Defendants. 24. Defendants acted fraudulently and deceitfully towards Plaintiff in that they: (a) Affirmatively misrepresented their intent to pay; and (b) Coerced Plaintiff into lending them $78,000.00 without the intent to repay the loan in full. 25. The statements made above by Defendants are material misrepresentations. 26. As a direct and proximate result of Defendants fraudulent acts, omissions, misrepresentations and silence, the Plaintiff has sustained damages as set forth herein. 27. As a direct and proximate result of Defendants wilful, malicious, wanton, reckless and outrageous conduct, the Plaintiff is entitled to punitive damages against Defendants. 28. But for the above misrepresentations, Plaintiff would not have lent to Defendants $78,000.00. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the compulsory arbitration limits, plus interest, costs, punitive damages and attorney's fees. COUNT III - PLAINTIFFS v. DEFENDANTS BREACH OF CONTRACT 29. The averments in paragraphs 1 through 28 are hereby incorporated by reference. 30. Plaintiff and Defendants entered into the Agreement referenced above, whereby Defendants would make monthly payments to M&T Bank for the loan until they paid the entire balance owed in full within three months of October 25, 2005. 31. Defendants are in breach of the Agreement to pay the amount owed of $78,000.00. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the compulsory arbitration limits, plus interest, costs, punitive damages and attorney's fees. COUNT III - PLAINTIFFS v. DEFENDANTS UNJUST ENRICHMENT 32. The averments in paragraphs 1 through 31 are hereby incorporated by reference. 33. In the alternative, Defendants have been unjustly enriched in the amount of $78,000.00. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the compulsory arbitration limits, plus interest, costs, punitive damages and attorney's fees. MARTSON DEARDORFF WILLIAMS & OTTO Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December 12, 2006 EXHIBIT A 0 Mai' Barili 28 Walnut Bottom Road, Shippensburg, PA 17257 717 532 2414 F x 717 532 5726 December 4, 2006 Mrs. Martha Kelley 819 Crescent Drive Shippensburg, Pa. 17257 Martha, The following is information pertaining to your Home Equity Loan with M&T Bank: Date Opened Amount Terms Payment Amount Interest Rate Balance October 25, 2005 $78,000.00 240 months $627.96 7.49 $76,211.58 (As of 12-1-2006) if .1 an any si tance, lease feel free to contact me. da LL. rtf 0 ?-' elect Banker EXHIBIT B J-014C'J . 1. ,w: ..J. :-dN"A.)w3 Nw vjvvJ)m bm ? lalt "? 1 I Ih:1?1 ~ 1 It N cr 1. ,. 11 cr. C,3 9.8; 4 .y •*t r. ?^ a b1 to CA ao c N _? ? G •4 - -3fli? ?SYIl .'.'70 dNO?S • IM?14_>?LIYM IONOC i• r. ICL Pi t-i t J 7 ,.7 I 9 • <? a K >E _ y 0 3 n ?F co co to V W ?Ap/1 QNp 00 W Fr i' n e 0 0 w .O NNN O? ?D 2 W N EXHIBIT C YEWTBank DEPOSIT/PAYMENT RECEIPT 'J DEPOSIT ? PAYMENT :y CHECKING Bank By Phone... Cali AT Telephone Bank;r_k Ce'ricej- 1-800-724-2440 SAVINGS 611125 03 00-4-048209 -1509 120805 17:. L LOC LOO PMT t LOAN 718800001 $6..7.96 MTG OTHER 7"HE DEPOSIt OR PAYMENT HAS BEEN RECEIVED ON THE DATE'%' DATED ABOVE AND 1S SUBJECT TO THE TERMS AND CONDITIONS GOVERNING YOUR ACCOUNT. CHECKS AND OTHER CASH ITEMS RECEIVED FOR DEPOSIT ARE SUBJECT TO VERIFICATION AND COLLECTION BY M&T BANK- DEPOSITS +yrOT BE AVAILABLE FOR IMMEDUTE WITHDRAWAL Member FDrC 9R w4w Wa !1i ???/? Bank By Phone... Call © j"' TM T Telephone Banking Center DEPOSIT/PAYMENT RECEIPT 1-800-724-2440 G DEPOSIT C PAYMENT 0 CHECKING SAVINGS Mn 07 011-054218 1513 010306 15 L C Loc LOAN PMT 77018600001 X627 96 LOAN 0 MTG C1G1' it u OTHER f ) THE DEPOSIT OR PAYMENT HAS BEEN RECEIVED ON THE DATE VALIDATED ABOVE AND IS JBJECT TO THE TERMS AND CONDITIONS GOVERN w YOUR ACCOUNT. CHECKS AND OTHER N094DA6K ITEMS RECEI POR DEPOSIT ARE SUBJECT TO VERIFICATION AND COLLECTION BY MAT BANK DEPoeryb wAY NOT- AVAILABLE FOR IMmFMATE VITHDRAWAL .%mber FDIC BR-aw No; `. Bank By Phone... Call MMOBaft MIST Telephone Banking Center DEPOSIT/PAYMENT RECEIPT 1-800-724"2440 D DEPOSIT ? PAYMENT '=1 CHFCKING r? SAVINGS m j 03 045-002703 1631 ,920306 32 L D LOC LOAN PMT 7 7011:?t10,R 01 $627.96 J„ DAN (;HECK ? MFG T OTHER - ' THE DEPOSIT OR PAYMENT HAS BEEN RECEIVED ON THE DATE VALIDATED A90VE AND IS SUBJECT TO THE TERNS AND O JERIFICATIIOONV AND COLLECTION BY MM BT CBANK. DEPOSITS MAY, NOT CBE AVAILABLE FOR IMMEDIATE WITHDRAWAL. Member FDIC OR-SWO (eim) Dauli Dy rnone... % au z MvIiJackm aW N4&T Telephone Banking Center Tradere _ 1-800-7 24-2440 CIEPOSIT / PAfMENT RECEIPT - LJ DEPOSIT PAYMENT SAVWGS ? LOAN }{I:;' ?I"? w1T T,E CEPOSI.7 651 PAYMENT HAS SEEN RECEIVED ON THE LIATF_ VALIDATED A80VE AND IS SUBJECT TO THE T_.9MS AND (1NDi "IONS GOVERNIW YOUR ACCOLMIT .NECKS AND U'rHER No,4-cAsH rrEr IS FEGEIVELI FGR DEPQS T ARE c'UBSE'-T TQ VTAXIC.AT!OIa AND G6LLTCTI0-4 By 168' BANK. DEPOSITS MAY NC'T BE AVAILABLE FOR IMMEDIATE WITHDRAWAL WIN CASH with M&T - see reverse for details. .? . , SMI C114-AII&AC WRf`*A0 i?UW, CANE 001EAC EN EFEvTINIO cm M&T' vaa hm Aetdlss on of does. / IMAWBank DEPOSIT/PAYMENT RECEIPT O GEPOSfr C PAYMENT 0 CHECKING 0 t'i? C SAVINGS 7-0,42567 1540 040711 36 J L LOC l . Uar. f+i T r 7411 30001) t ` '77.96 LOAN A MTG_ OTHER THE DEPOSIT OR PAYMENT HAS BEEN RECEIVED ON THE DATE VALIDATED ABOVE AND is SUBJECT TQ THE TERMS AND - CONDITIONS GOVERNING YOUR ACWUNT. CHECKS AND OTHER NON-CA ITEMS RECEMD FOR DEPaIT ARE SUBJECT TO VERIFICATION AND COLLECTION BY WT BANK. D!EPCWS MAY NOT BE AVMLABLE FOR IMMEDIATE VATHDRAWAL. &Iiik Member FDK: ?q-SSti?a (Sroo; ' by Phone:. Cale M&T Telephone Banking Center DEPOSIT/PAYMENT RECEIPT 1=800-724-244D) r C ? DEPOSIT 71 PAYMENT r ' ? CHECKING C SAVINGS LJ LOC C.9 105-0531*2 n?? ?'4 15it$n?. 24 •t. O. LOAN t iFlt% ; I,r 7?G188t1t>?C?1 L7 MTG tbz7.9b ? OTHr_R THE DEPOSIT - ' OVOM?7'IQNS GOVERNMENT HAS R ACCOUNT BEEN RECEIVED ON THE DATA*JVALlOATEp ABOVE AND IS ABJECT TO THE TERMS M you TQ VERtc'CAT9DN AND COLLECTION j3y 7 K ? OTHER NON-CASH ITEMS RECEIVt FOR DEPOSIT ARE SUBJECT Member E'?tC saute jlS AMY NOT BE AVAI LABL E FOR IMMEDIATE wmIDRAIVAL. r ? l Bank BY Phone.:%?Catl -f&T Telephone Banking Center 1-800-724-2440 VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if we make knowingly false averments, I may be subject to criminal penalties. Martha M. Kelley r> N CA) •? O = r a `.f3 ?v r? F:\FILES\DATAFILE\General\Current\ 12258. I,pra.default .r. Created: 7/7/04 9:06AM Revised. 2/6/07 7:42AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, Plaintiff V. IN THE COURT OF COMMON CUMBERLAND COUNTY, PEI : NO. 06 - 7095 CIVIL TERM JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of P Defendants in the amount of $77,140.44, plus interest at 7.49%, late fees, costs of' damages, and attorney's fees in the amount of $5,000.00 as prayed for in the Com to file an Answer to Plaintiffs Complaint. I do hereby certify that written notices of intention to file this Praecipe were Defendants at the address indicated thereon, on January 24, 2007, which date was sub date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OF VANIA and against uit, punitive nt for failure ailed to the quent to the Dated: February 6, 2007 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, Plaintiff V. JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants IN THE COURT OF COMMON CUMBERLAND COUNTY, PEI NO. 06 - 7095 CIVIL TERM > OF VANIA IMPORTANT NOTICE TO: JOHN E. SHANNON DATE OF NOTICE: January 24, 2806 78 Lantern Lane, Shippensburg, PA 17257 I YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT'T. PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOi OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT' DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMP( YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFI( YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE A: YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVD PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 JAPPEARANCE DEFENSES OR ITHIN TEN (10) AGAINST YOU .TANT RIGHTS. O NOT HAVE A CAN PROVIDE TO PROVIDE TO ELIGIBLE MARTSON DEARDORFF WILLIAMS &. By ?- - r- /_ Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OTTO This is a debt collecting firm. Any information obtained will be used for that Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, Plaintiff IN THE COURT OF COMMON CUMBERLAND COUNTY, PET OF VANIA V. JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants NO. 06 - 7095 CIVIL TERM IMPORTANT NOTICE TO: JOYCE D. SHANNON DATE OF NOTICE: January 78 Lantern Lane, Shippensburg, PA 17257 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WI's YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDG&f ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR' P OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU'. I A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEG TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 2006 A WRITTEN [ THE COURT UNLESS YOU ?NT MAY BE ROPERTY OR O NOT HAVE OFFICE CAN ABLE TO SERVICES MARTSON DEARDORFF WILLIAMS'4 OTTO By Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm. Any information obtained will be used for that Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, Plaintiff V. JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants IN THE COURT OF COMMON CUMBERLAND COUNTY, PEI : NO. 06 - 7095 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes S OF .VANIA says that he has authority to make this affidavit on behalf of his client, and to the best of hi knowledge, information and belief, the Defendants above named are not in the military service if the United States of America, that he has knowledge that the said Defendant are now living at: 78 Lantern Lane, Shippensburg, Pennsylvania 17257. Said Defendant's place of employment is Christopher E. Rice, Esquire Sworn ??tQo and subscribed before me this ?U ?l day of February, 2007. 11.) g , (2'.-) No Public CQMMONWEALI H OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2007 Member. Pennsvlvarnn A"oc!ation of Notaries Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, Plaintiff V. IN THE COURT OF COMMON CUMBERLAND COUNTY, PE3 NO. 06 - 7095 CIVIL TERM JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants V. CIVIL ACTION - LAW NO. Defendant COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS Christopher E. Rice, Esquire, being duly sworn according to law, deposes is an employee of MARTSON, DEARDORFF, WILLIAMS & OTTO, attorneys for in the above captioned matter and that pursuant to the provisions of the Pennsylvania S OF .,VANIA says that he Plaintiff(s) of Civil Procedure, notices of intention to enter default judgment against the Defendants were ?iven to them by mail on January 24, 2007. Christopher E. Rice, Esquire Sworn to and subscribed before me this ? day of February, 2007. UM -) Not ublic COMMI)NWE:ALIH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle 13oro, Cumberland County My Commission Expires Aug. 18, 2007 Memher °? r svwarna Association of Notaries CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLJAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed Mr. and Mrs. John E. Shannon 78 Lantern Lane Shippensburg, PA 17257 Myfg Carlisle, PA 17013 (717) 243-3341 Dated: February 6, 2007 siting follows: MARTSON DEARDORFF WILLIAMS & OTTO By 1, ?, Mary rice Ten Ea Hi h Street This a debt collecting firm. Any information obtained will be used for that C?l Cr? c n f- r -3 r'rs -1 4 1 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, IN THE COURT OF COMMON Plaintiff CUMBERLAND COUNTY, PEI V. NO. 06 - 7095 CIVIL TERM JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants TO: JOHN E. SHANNON, DEFENDANT ;AS OF YLVANIA NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of February, 2007, the followi g Judgment was entered against you in the above-captioned action: judgment in the amount of $77 140.44, plus interest at 7.49%, late fees, costs of suit, punitive damages, and attorney's fees in t amount of $5,000.00 as prayed for in the Complaint for failure to file an Answer to Plaintiffs C mplaint. Date: 7 I hereby certify that the name and address of the proper person to receive this, notice under Pa. R. Civ. P. 236 is: John E. Shannon 78 Lantern Lane Shippensburg, PA 17257 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, Plaintiff V. JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants IN THE COURT OF COMMON P EAS OF CUMBERLAND COUNTY, PE SYLVANIA NO. 06 - 7095 CIVIL TERM TO: JOYCE D. SHANNON, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of February, 2007, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $77,140.44, plus interest at 7.49%, late fees, costs of suit, punitive damages, and attorney's fees in',t e amount of $5,000.00 as prayed for in the Complaint for failure to file an Answer to Plaintiffs IC mplaint. Date: Q(? I hereby certify that the name and address of the proper person to receive this Pa. R. Civ. P. 236 is: under Joyce D. Shannon 78 Lantern Lane Shippensburg, PA 17257 PARTIAL RELEASE OF JUDGMENT LIEN KNOW ALL MEN BY THESE PRESENTS, THAT WHE AS, MARTHA M. KELLEY (herein the "Plaintiff') by Judgment dated the Q day of b. , 2007, and indexed in the Office of the Prothonotary of Cumberland County, Pennsylvania, to Docket No. 06-7095, in the sum of holds a lien against the hereinafter described real property of the defendants JOHN E. SHANNON and JOYCE D. SHANNON (herein "Defendants"). AND WHEREAS, the Defendants requested the Plaintiff to release the premises hereinafter described from the lien and operation of the said Judgment. NOW THEREFORE, KNOW YE, that the Plaintiff, as well in consideration of these premises as of the sum of Nine Thousand ($9,000.00) Dollars lawful money to the Plaintiff paid by the Defendants at the time of the execution hereof, the receipt whereof is hereby acknowledged, has remised, released, quit-claimed, exonerated and discharged, and by these presents does remise, release, quit-claim, exonerate and discharge unto the Defendants and their successor and assigns, all that real estate as is more fully described in the attached description which is labeled Exhibit "A" and which is incorporated herein by reference, to hold the same, with appurtenances, unto the Defendants, and their heirs, executors, administrators, and assigns, forever freed, exonerated and discharged of and from the lien of the Judgment, and every part thereof. PROVIDED always, nevertheless, that nothing herein contained shall in anywise affect, alter or diminish the lien or encumbrance of the aforesaid Judgment on any other property of the Defendants, or the remedies at law for recovering thereout or against the Defendants, and their heirs, executors, administrators, or assigns, the balance of principal sum of the Judgment, with interest. The Plaintiff, however, by acceptance of the above referenced sum ($9,000.00) agrees to make no future claim, in any proceeding of any type, that the transaction between Defendants and Stanley J. Davis and Marilyn L. Davis for sale and purchase of the released premises was not a bona fide arms length transaction for fair value. L ESS WHEREOF, the Plaintiff has executed this Partial Release this day of ?A?Wcr 2007. Witness: - (SEAL) oe- MARTHA M. KELLEY V COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND On this, the day of ?cuC-/' , 2007, before me, the undersigned officer, personally appeared MARTHA M. KELLEY, known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offici Notary Public :;OMMONWEALTH OF PENNSYLVANIA =AR SEAL otary Public berlan d County, ecember 20, 2010 2 4? :ry l F l 'y _ Ao b SHERIFF'S RETURN - REGULAR 14 CASE NO: 2006-07095 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KELLEY MARTHA M VS SHANNON JOHN E ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHANNON JOHN E the DEFENDANT at 1336:00 HOURS, on the 2nd day of January , 2007 at 78 LANTERN LANE SHIPPENSBURG, PA 17257 by handing to JOYCE D SHANNON, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.72 Postage .39 Surcharge 10.00 .00 45.11 1lagl b j 4- Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 01/03/2007 MDW&O By 4 X day Deputy Sheriff A. D. w SHERIFF'S RETURN - REGULAR CASE NO: 2006-07095 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KELLEY MARTHA M VS SHANNON JOHN E ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHANNON JOYCE D the DEFENDANT , at 1336:00 HOURS, on the 2nd day of January , 2007 at 78 LANTERN LANE SHIPPENSBURG, PA 17257 by handing to JOYCE D SHANNON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 11.1,4161 4- So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 ? 16.00 01/03/2007 MDW&O Sworn and Subscibed to before me this of By day Deputy Slieriff A. D. Fai LES\Ctients\12258 Kelley\12258.1.m0t.c0mpe1 Crested, 9;20/04 0:06PM Revised: 6/23/09 9:04AM 7837.158 Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 7095 CIVIL TERM JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants PLAINTIFF MARTHA KELLEY'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND NOW, comes Plaintiff Martha M. Kelley, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and moves this Honorable Court to compel Answers to Interrogatories directed to Defendants, John and Joyce Shannon: 1. This case arises from a loan that was made by Plaintiff Martha Kelly to John and Joyce Shannon (hereinafter, "Defendants"). 2. A default judgment was entered against Defendants on February 6, 2007, in the amount of $77,140.44, plus interest at 7.49%, late fees, costs of suit, punitive damages, and attorney's fees in the amount of $5,000.00 as prayed for in the Complaint. 3. In an effort to execute the aforementioned judgment, Plaintiff Martha Kelley served Interrogatories on Defendants on May 11, 2009. A true and correct copy of the Interrogatories are attached hereto as Exhibit "A." 4. Thereafter, Plaintiff's counsel wrote to Defendants and requested that the discovery be returned. A true and correct copy of said letter is attached hereto as Exhibit "B." 5. To date, no answers to Interrogatories have been filed, nor has Plaintiffs counsel r been advised as to when they may be expected. 6. Defendant has violated Pa.R.C.P. 4006 by failing to respond to Defendant's Interrogatories within the time required. 7. No Cumberland County Court of Common Pleas Judge has been assigned to this case nor made a ruling thereon. WHEREFORE, Plaintiff Martha Kelley requests this Honorable Court to set a deadline for Defendants to answer the Interrogatories or suffer sanctions. MARTSON LAW OFFICES Dated: By: stopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "A" .r . F:\FILESW ieMS\12258 KCIWI 2258. I.Interrog Created: 4/13/2009 Revised: 4/13109 Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 7095 CIVEL TERM JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants PLAINTIFF MARTHA M. KELLEY'S INTERROGATORIES IN AID OF EXECUTION DIRECTED AT DEFENDANTS JOHN E. AND JOYCE D. SHANNON Enclosed are Interrogatories propounded by Plaintiff to be answered under oath by the aforesaid Defendants pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Plaintiff at the address below. These Interrogatories shall be deemed to be continuing Interrogatories and if, between the time of your Answers to said Interrogatories and the time of the full satisfaction of Plaintiff's judgment in this case, you or anyone acting in your behalf learn of any further information not contained in your said Answers, you shall promptly furnish said information to the undersigned by supplemental answers. As used herein, the word "you" or "your", regardless of whether used in the singular or plural, includes Defendant John E. Shannon and Defendant Joyce D. Shannon, their attorneys, representatives, insurers, and all others purporting to act on their behalf. It is hereby certified that a true and correct copy of these Interrogatories was mailed to counsel for the Defendants on this date by the undersigned. MARTSON LAW OFFICES By: Dated: Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants f, Interrogatory No. 1 Are you presently employed (Full and part-time employment included)? If so, state fully for each employment: a. The full name, address, and telephone number of your place of employment; b. The date you commenced your employment; C. Your job title or position; d. Describe any written or oral employment contracts (if written, please attach). Answer: Interrogatory No. 2 a. Attach proof of earnings from each employment (e.g. payroll stubs) for the past six months. b. Please state the number of hours per week or month that you normally work at each place of employment. If in excess of forty hours per week, state your hourly rate for overtime compensation, and state the number of overtime hours you have worked in the past twelve months. Answer: Interrogatory No. 3 Are you entitled to receive any bonuses? If so, state the amount of each bonus or amount you are entitled to receive, and detail when you expect to receive such. Summarize the terms of the bonus arrangement, including how the bonus was or is to be calculated. Answer: Interrogatory No. 4 Are you entitled to receive any deferred compensation by reason of your present or past employment? If so, please state the nature and amount of deferred compensation, and when you anticipate receiving such deferred compensation. If the answer is in the affirmative, kindly provide documentation of the deferred compensation plan. Answer: Interrogatory No. 5 a. Do you have any interest in any qualified or unqualified deferred compensation arrangement or retirement program, including, but not limited to, IRA, Keogh Plan, 401(k) Plan, military retirement, savings plan, annuity benefits, retirement plan, pension plan, profit sharing plan, stock bonus plan, stock option plan, thrift plan, defined benefit, defined contribution plan with your present or previous employer (excluding social security benefits), or any other tax sheltered plan or account? If so, please state the name and type of the retirement plan and/or tax sheltered account. b. Have you elected to receive proceeds from any retirement plan(s) as set forth in subsection (a) above? If so, when will you receive those proceeds? C. Have you borrowed against any of the aforementioned retirement plans? If so, please detail with dates and amounts of such borrowing. d. Have you taken any action to delay the receipt of retirement benefits? If so, please detail. Answer: Interrogatory No. 6 a. Do you own your home? If so, state: (1) the remaining balance owed on any mortgages; and (2) the estimated market value of your home. (3) your interest in the home. b. What liens, if any, exist against your home? If any, state: (1) The holder of each lien; (2) The amount of each lien. Answer: Interrogatory No. 7 Do you hold, either exclusively or j ointly with others, any interest in real property in addition to your home? If so, state: a. The location of each property; b. The estimated market value of each property; C. The amount of any mortgages, liens or other encumbrances on each property, and the name of each person who holds such encumbrances; and d. The names of persons who jointly own each property with you, and the amount or share of their interest in each property. Interrogatory No. 8 a. Does any business or individual or other entity owe you any money, whether resulting from loan, undistributed profit, dividend, or other form of credit, to which you are now entitled or will be entitled in the future? If so, on what date(s) will you become entitled to receive payments? Answer: Interrogatory No. 9 Are you the owner, individually or with others, of any interest in any securities, or in any mutual fund, including but not limited to, stock funds, money market funds, bonds, municipal bond funds, gold funds, etc.? If so, please state: a. Names of brokerage companies or institutions managing or holding such interests; b. Account numbers for all accounts held with such companies or institutions; C. Present value of securities, funds, etc., held with each company or institution; d. All contributions and/or deposits made with each company or institution in the past six months; e. Please attach copies of all statements for the past six months for each account identified herein. Answer: Interrogatory No. 10 List all banks, savings and loans, credit unions, and financial institutions in which you individually, or jointly with another, have an account in which funds are held or upon which you have signature, including but not limited to checking accounts, savings accounts, etc. For each such account, please state: a. Account number; b. Name of the financial institution each account is held with; C. Present balance of each account; and d. Attach all statements for the past six months. Answer: Interrogatory No. 11 Do you own, individually or jointly with another, any certificates of deposit, treasury notes, or other depository receipt of any kind? If so, please state: a. The names that such documents are registered to; b. The current face value of each instrument; The maturity date for each instrument; d. The location of each instrument; Answer: Interrogatory No. 12 In the past year, have there been any accounts at a savings or commercial banking institution, brokerage firm, or any other type of financial institution, on which your name did not appear, but in which you deposited any funds? If so, please designate by account number and name of financial institution, and indicate the name(s) under which the account is listed. Answer: Interrogatory No. 13 Do you now maintain and/or have access to a safe deposit box? If so, please detail its location and contents. Answer: Interrogatory No. 14 Does any person, firm, or business entity hold any property for your benefit that you have not disclosed elsewhere in these interrogatories? Answer: Interrogatory No. 15 Please estimate the current market value of your household contents including, but not limited to, furnishings, personal effects, or other personal property. Answer: Interrogatory No. 16 a. Do you have an ownership in any furs, gold, diamonds, or other precious gems or metals or jewelry? If so, please describe each item and state its current market value. b. Do you have an interest in any artwork? If so, please describe each item and state its current value. Answer: Interrogatory No. 17 Do you have any interest in a stamp, coin, wine, toy, sports memorabilia, weapon, vintage automobile, or other collection not described in your answer to these Interrogatories? If so, please describe the type of collection. Answer: ' r Interrogatory No. 18 Do you expect to receive anything of value from any source, including, but not limited to, gifts, judgments, settlements, litigation, devise, bequest, legacies, insurance proceeds, loans, dividends, or interest, not previously set forth in these interrogatories? If so, state: a. Expected source of fund or property; b. Reason for receipt; C. Amount expected to receive; d. Expected time of receipt; Answer: Interrogatory No. 19 State the aggregate amount of your cash on hand or in safekeeping, exclusive of savings and checking accounts in banks or savings institutions, and the location of that cash. Answer: Interrogatory No. 20 In the past two years, have you prepared or had prepared any tax returns, records, accounts, journals, or similar documents showing income, expenses, assets, or liabilities? If so, describe each record and state the name and address of the person having present custody of the record. Also, include a copy of such records with your response. Answer: I kt } Interrogatory No. 21 List all vehicles (including but not limited to trailers, boats, and ATVs) owned, presently registered in your name, or in your possession (including any vehicles that have been repossessed in the past year). Please list how the vehicle was obtained (by sale, lease, etc.). Answer: CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Interrogatories was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. John E. Shannon 1910 Powell Drive Chambersburg, PA 17201 MARTSON LAW OFFICES By , AA") A. (?? M Price Ten t High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?11 & jo 9 This a debt collecting firm. Any information obtained will be used for that purpose. 1% EXHIBIT "B" MAPTSON LAST OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMLE (717) 243-1850 INTERNET wwwmartsonlawcom WILLIAM F. MARTSON JOHN B. FOWLER III DANIEL K. DEARDORFF THomAs J. WTLLLIMS* IVO V. OTTO III HUBERT X. GILROY GEORGE B. FALLER JR.* 'BOARD CERTIFII June 11, 2009 Mr. and Mrs. John E. Shannon 1910 Powell Drive, Apt. 1D Chambersburg, PA 17201-4257 RE: Martha M. Kelley v. John E. Shannon and Joyce D. Shannon No. 06-7095, Cumberland County Court of Common Pleas Our File No. 12258.1 Dear Mr. and Mrs. Shannon: DAVID A. FrrrsiN[ONS CHRISTOPHER E. RI(;E. JENNIFER L. SPEARS SETH T. MOSEBEY TRUDY E. FEHLINGER KATIE J. MAkvuj. JACOB M. THEIS D CIVIL TRIAL SPECIALIST As of the date of this letter, we have not received your answers to our Interrogatories in Aid of Execution, which we mailed to you on May 11, 2009 (and were originally sent to you on April 14, 2009, by certified mail, which you failed to claim). Since your answers were due within thirty (30) days, we will be filing a Motion to Compel with the court unless you immediately advise this office as to when the same may be expected. In making this communication, we are advising you this firm is attempting to collect a debt for Mrs. Martha Kelley. Any information gained from this communication will be used for that purpose. Very truly yours, MARTSON LAW OFFICES Christopher E. Rice CER/mmp cc: Mrs. Martha Kelley F,IFILESWfie OM 2258 XelleyU2258.1.jp1I INFORMATION • ADvIcE • ADVOCACY SM CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. John E. Shannon 1910 Powell Drive, Apt. 1 D Chambersburg, PA 17201 MARTSON LAW OFFICES By: D. Eckenroad -? Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 0? C-)O nc ?! _ -,APY C'3 A. MARTHA M. KELLEY, Plaintiff vs. JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7095 CIVIL IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this z,r' day of June, 2009, a rule is issued on the defendants to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, . X?A4 Hess, J. FiLE&-4-,,, i ; OF THE PIP" r^T,PY 2009 JUN 26 AH 9: G 'i rU,, Au ?" F:IFILES\CGents\12258 Kelley\12258.Lpet.rule.absolute Revised; 7/28/09 7:37AM Christopher E. Rice, Esquire Attorney I.D. No. 90916 Jacob M. Theis, Esquire Attorney I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 - 7095 CIVIL TERM JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants Honorable Judge Kevin Hess PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Martha M. Kelley ("Plaintiff'), by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition to Make Rule Absolute and in support thereof, states as follows: 1. On June 23, 2009, Plaintiff filed a Motion to Compel Answers to Interrogatories, requesting that John E. And Joyce D. Shannon ("Defendants") file responses thereto within ten (10) days. 2. The Honorable Judge Hess issued an Order in the form of a Rule to Show Cause on June 25, 2009, requiring Defendants to file an Answer to Plaintiff's Motion to Compel by July 20, 2009, or else the relief requested by Plaintiff would be granted. A true and correct copy of said Order is attached hereto and incorporated herein by reference as Exhibit "A." 3. Plaintiff forwarded a copy of the Order to Defendants on June 29, 2009. A true and correct copy of the letter forwarding the Order is attached hereto and incorporated herein by reference as Exhibit "B." 4. To date, no response to the Motion to Compel has been filed, nor have any answers been filed or received by Plaintiff, nor has Plaintiff been advised as to when the same may be expected. 5. As stated above, the Honorable Judge Hess has made rulings in this case. 6. As the Defendants could not be reached before the filing of this petition, it is presumed that they do not concur in this petition. WHEREFORE, Plaintiff Martha Kelley requests that this Honorable Court grant the relief requested in Plaintiffs Motion to Compel, thereby ordering Defendants to respond to Plaintiff's interrogatories within ten (10) days or else face sanctions including the preclusion of evidence and the imposition of attorney's fees. MARTSON LAW OFFICES By: 'stopher E. i e, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: l??/? Attorneys for Plaintiff EXHIBIT "A" MARTHA M. KELLEY, Plaintiff Vs. JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7095 CIVIL IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this Z r day of June, 2009, a rule is issued on the defendants to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Hess, J. r RUE COPY FROM RECO1 D Testimony whereof, I here unto set my hew Id the seg of sold COO of Carl *6 Pt ABU A#/ EXHIBIT "B" I '. R`1`5()N 17E:?RI)OR.FF a II?LIANSS ?1T"l,O IT 'I C ( MA KXv SUN LAW OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FAcsIMILE (717) 243-1850 INTERNET www.martsonlaw.com Mr. and Mrs. John E. Shannon 1910 Powell Drive, Apt. 1 D Chambersburg, PA 17201 WIu-IAM F. MARTSON JOHN B. FOWLER III DANIEL K. DEARDORFF THOMAS J. WILLIAN[S* NO V. Orro III HUBERT X. GILROY GEORGE B. FALLER JR.* DAVIT) A. F'IT:SSISIONS CHRI',TOPHER E. RICE JETNIFEF. L SPEARS ScTH T. MOSEBEY TRUDY E. FEHLNGER K4,TIE J. MAXWELL JACOB M. THEIS 'BOARD CERTIFIED CML TRIAL Snicmis7' June 29, 2009 RE: Martha M. Kelley v. John E. Shannon and Joyce D. Shannon No. 06-7095, Cumberland County Court of Common Pleas Our File No. 12258.1 Dear Mr. and Mrs. Shannon: We enclose for service upon you a certified copy of the June 25, 2009, Order issued by Judge Hess. Very truly yours, JMT/tde Enclosure cc: Mrs. Martha Kelley (w/enc.) F FILES,Cbents%12258 Kelky,12258.1bO MARTSON LAW OFFICES Jacob M. Theis INFORMATION • ADVICE • ADVOCACY 5M ,. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. John E. Shannon 1910 Powell Drive, Apt. 1 D Chambersburg, PA 17201 MARTSON LAW OFFICES By: _ Ma?y Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: '1/A '/Q I This is a debt collecting firm. Any information obtained will be used for that purpose. 2G09 S UL 28 Ali D 1i 0 CUM JUL 2 9 200 MARTHA M. KELLEY, Plaintiff V. JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 7095 CIVIL TERM ORDER AND NOW, this L 9 day of , 2009, upon consideration of Plaintiffs Petition to Make Rule Absolute, it is hereby ORDERED that Defendants respond to Plaintiffs _^r9--5 C-zd) q ssrv'-? .. interrogatories within taa44} days -Ise face sanctions including the preclusion of evidence and the imposition of attorney's fees. BY THE COURT, RLED- !? OF THE, FF.., TAP 2099 Jell 30 PIN 1: 02 - -I ?l IN "% ; r W ink (, t FAFILESUients\12258 Kelley\12258.1.pra.writ.exec Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARTHA M. KELLEY, Plaintiff V. JOHN E. SHANNON and JOYCE D. SHANNON, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 7095 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against John E. Shannon and Joyce D. Shannon, having an address of 2034 Deerfield Commons, Shippensburg, PA 17257; (3) Index this writ against John E. Shannon and Joyce D. Shannon, Defendants. (4) The amount due $77,140.44 Interest from February 6, 2007, at the rate of $15.83 per day * $ Attorney's fees $5,000.00 Costs of suit* $ Total $ Direct the Cumberland County Sheriff to execute upon any and all personal property that is owned by the above Defendant. * To be determined by the Sheriff of Cumberland County. MARTSON LAW OFFICES By: 2'e4-'L- 5. 12--- Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: i a-- 7 - oq Attorneys for Plaintiffs This is a debt collecting firm attempting to collect a debt for Plaintiff, and any information obtained will be used for that purpose. RAD-OFFi(E OF THE PROTHMARY 2009 DEC -8 PM 12: 54 CUMBt-:E l.t?, i(D PENNSYLVANIA /4 O1/9 S•D? Y Y aoD Z),? (?e' - sv /-/- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-7095 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Martha M. Kelley Plaintiff (s) From John E. Shannon and Joyce D. Shannon, husband and wife 2034 Deerfield Commons, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell Direct the Cumberland County Sheriff to execute upon any and all personal property that is owned by the above Defendant. (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 $77,140.44 L.L.$.50 Interest from February 6, 2007, at the rate of $15.83 per day Atty's Comm % $5,000.00 Due Prothy $2.00 Atty Paid $157.11 Other Costs Plaintiff Paid Date: December 8, 2009 (Seal) REQUESTING PARTY: Name Christopher E. Rice, Esq. Martson Law Offices Address: Ten East High Street Carlisle, PA 17013 Attorney for: Plaintiffs Telephone: (717) 243-3341 &"ta 14 ev. , Curtis R. Long, Prothonotar?e By: 7C7/is6? & Deputy Supreme Court ID No. 90916 o0ty of RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy To Whom It May Concern: Martha M. Kelley ,t vs John E. Shannon and Joyce D. Shannon Writ No. 2006-7095 Property Claim Determination r•3 C=3 c? M CL" Co rv Reference is made to Property Claim dated February 8, 2010, entered by Grace E. Shannon, Writ of Execution No. `2006-7095, Martha M. Kelly vs John E. Shannon and 4 Joyce D. Shannon. Ronny R. Anderson, Sheriff, has determined that the claimant, Grace E. Shannon, in the above mentioned property claim, is the owner of the property set forth in the claim. 1 cc Christopher E. Rice, Atty for Plaintiff John E. Shannon and Joyce D. Shannon, Defendants Grace E. Shannon, Claimant EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square, Room 303 n Carlisle, Pennsylvania 17013 " February 18, 2010 1 So Ans rs: R. Anderson, Sheri By _n ?-a t i Fq ?-n NOTICE OF PROPERTY CLAIM Martha M. Kelley VS John E. Shannon And Joyce D. Shannon In the Court of Common Pleas Cumberland County, Pennsylvania No. 2006-7095 Civil Term Writ of Execution TO THE DEFENDANTS AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Grace e. Shannon, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 02-08-10 S e f of Cumberland County By Cc Christopher E. Rice, Atty for Plaintiff John E. Shannon and Joyce D. Shannon, Defendant Grace E. Shannon, Claimant ,.PROPERTY CLAIM In the Court of Common Pleas of q'O)ZA' a Cumberland County, Pennsylvania Writ No. 66 Q i j`4 -16AIl I- j`4 ee- 5A# n fi o TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE y - y 1???' 4?n ' 700.0 0 THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: Date f' Claunagt???,l? State of Pennsylvania: County of Cumberland above list in the property claim are correct and true. Swo subscribe o before me This ? od4yof noz ' TARIAL SEAT. Notary P he JODY SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2013 being duly sworn according to law, deposes and says that the /'rte ? ? ? ? ^ claimant C? f?Cvu? c N / ;;YW ¢2 Ge.Cr Q 0; CL, l .7 01,E ?7 q e _ . yJ L. JJ jf,y.