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HomeMy WebLinkAbout07-5387 PUROCLEAN of : IN THE COURT OF COMMON LEAS OF SUSQUEHANNA VALLEY :CUMBERLAND COUNTY, PE SYLVANIA Plaietiff . v. :DOCKET N0.2067- 5387 ' Civil Ternt RAY POZIAC . Defeaidaat ;CIVIL PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter a Judgment against Defendant, Ray Proziac, and in favlor of Plaintiff, Puroclean of Susquehanna Valley., in the amount of 53,076.28. Date: ~ 1 ~1 ~--~ Respectfully submitte~, Peter .Russo, Esquird Law Offices of Peter J Russo, P.C. 3800 Market Street Camp Hill, PA 1701 L'~ (717) 591-1755 ~~ ' ~ ~ COMMONWEALTH OF PENN ANIA NOTICE ~ UDG' ENTlTRANSCRIPT ASE IVIL _ COUNTY OF. . Mag. Dist, Nd.: 09 -3 -04 PLAINTIFF: NAME and ADDRESS. ~~-v~ocLS~lr o>E sos~tvse~- v~aY ~ ~ MDJ Name Hon. EY 1G .7 18 ]-. i~~ TS©IE~ ' Z Z O _ ~=i DjtIVE , 1[ECB]tr33fIC88~, P~. 17:050 ~~ 77 T~ T* T l AddreSS 1Y4..: S OiV~~1i~V~~.~.$ILL itD ~ - ~ J 1aCS]-YYCSB>DZ(~, P71 VS. ~ } xv-9 ~Kf +~;~ ~. w ~ ,' ,~' ,':.~' ~' ~ '~ '° + ':~ ~ "~ DEFENDANT: NAME aFld ADDRESS . Y ~ ET t' ~; _Taieonc~,~ (717 }~ 761~'SZ30 ~~~' 1705Q - . ~kC• R]1 . p01 ,. If>6C~711dFCI~88D, P iT~50' . L J PvseoCLSa~ o>E svsQ'vae~- vur~an ~ZO lOZ DitIVE Docket No.; CY-000OZ 6'-Q7 1~CH111~IC8HDjt~i, P]- 17050 Date Filed; 4/10/.0. THAT: THIS IS TO NOTIFY YOU- ~ ~ , ,: ~ .. Y ..iWd_~,.F~y.4.. Y ~ ; ^-yam ~ ~~~ 5/17 ~ Q7 ~,.„, . ~ Judgment was entered for: ' (Name) Pi~OCT'! ~I>dI Gl~ sIISQ~1>sIB11>I~11' ~'~ ment was entered against: ((Name) ~~~• Jud >iia g 2 07 6. in the amount of $ 3, ° Amount of Judgment $ x.916.03 ' ntl severally liable. ,Defendants are jointly a Judgment Costs' $_. ~~ $ dg Interest on Jet, anent Damages wil! be assessed on Date & Time Attorney fees ~ ~ Qr x ,.~~~~: ra :~r: ~. ~ L~1 ~ .,~, This case dismissed without'prejudice. $ _3; 076. S$ tal T rz . o Amount of Judgment Subject to Attachmentf42 Pa.C.S, § 8127 Post Judgment L ,redits $ ' . Post Judgment,bsts $ . -- -- . =_ - Portion of Judgment for physical damages arising out of residential lease $ Certified Judgment Total $ ANY PARTY HAS TWE RIGHT TO APPEAL WITHIN 30 GAYS AFTER THE. ENTRY OF JUDGMENT BY FIL~'ING A NOTICE OF APPEAL WITH THE PROTHipNOTARY/CLERK OFTHE COURT OF COMMON PLEAS, CIVIL DIVISION. 'YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/'TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. OR MAGISTERIAL DIS ICT JUDGES, IF THE EXCEPT AS OTHERWISE PROVIDED 1N THE RULES OF CIVIL PROCEDURE F J~ , .~~~~ I.pED >L~ T(J. ~~S ~ ~ PLEA °' ~... H~ ~ MON E COURT OGF I ~ ~a~ ~ ~ ~ 1~ F~tCiM T ~ _ ~ OF COMMQNA~ ~µ ,~S MUS J~~f ~ ~A~f' BE' . H . C i UNLESS THE'JUDGMENT IS'ENTERED IN "THE COURT OF MON PLEAS, ANYONEINTERESTED I THE JUDGMENT MAY FILE HE JUDGM NT DEBTOR PAYS IN FULL D , GE IF T A REQUEST FOR ENTRY OF SATISFACTION'WITH THE MAGISTERIAL DISTRICT JU SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~`' +' c ~ r '~ ~ ~ "~ ~.~vl~iglste. al't7~stflct Jt]dg ti. ~~' .y ' ~ I GBlitl ',that thts is a true a .~ ~ edir4'gs c~c~tair1~11g;t ~ ~`r~~mente :" , r. . ' ~ ~ ,, ., ~ ~/ Date 2 -. x ' , Viagisie~jal DistrlGt dge .. ,. . My commission expires #irst Monday of January, 2010 YSE'AL'' AOPC 315-06 D1-TE P1R 5/x.'7`/07 10 s 03 z 00 11f[ ~' .-.~ P ~ ~ ~~~ ~ ~ A ~+ ~ °° D .~ _ ~. ~, ~° :.. ~~ r ~~ J ~. ~~ ~ x~«R sr_:ecy.,, .. «.....xw"V -welly x~~.;...~:ti:. " ~ l .,,' .a IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Puroclean of Susquehanna Valley v. Poziac, Ray ( )Confessed Judgment (X} Other File No. 2007-05387 Amount Due $3,076.28 Atty's Comm. $375.00 Costs ~ 174.00 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) All property including but not limited to furniture, desks, computers, televisions, printer, cash which is located at 2 Raspberr~Drive, Mechanicsburg, PA 17050. PR.AECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-names garnishees} for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) And all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). a~ '~~« (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: Signature: Print Name: Address: , , Peter J. Russo, Esquire 3800 Market Street Camp Hill, PA 17011 Attorney for: Puroclean of Susquehanna Valley Telephone: 717-591-1755 Supreme Court 1D No. 72897 L~. <,~ 'fp ~ ~ ~ ~ W ~~ ~' ~ ~. c co n 0 ~~ ~~ ~ .~.., ~t°t ,-::. t -- V„t ~ ~ ~~~ ~ ~ c; ~; ~ U ~ ~ O ~~ ~~ ~~ t ~ ~ r '~:~ y ~-~ ~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA} COUNTY OF CUMBERLAND) NO 07-5387 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PUROCLEAN OF SUSQUEHANNA VALLEY, Plaintiff (s} From RAY POZIAC, 2 Raspberry Drive, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell all property including but not limited to furniture, desks, computers, televisions, printer, cash which is located at 2 Raspberry Drive, Mechanicsburg, PA 17050 . (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 $3,076.28 L.L. $.50 Interest Atty's Comm $375.00 % Due Prothy $2.00 Atty Paid $53.75 Other Costs $174.00 Plaintiff Paid Date: 10-02-07 Curtis R. Long, Prothono (Seal) By: Deputy REQUESTING PARTY: Name PETER J RUSSO, ESQUIRE Address: 3800 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-591-1755 Supreme Court ID No. 72897 PUROCLEAN OF IN THE COURT OF CUMBERLAND COUNTY SUSQUEHANNA VALLEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW RAY POZIAC, Defendant N0.07-5387 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of November, 2007, upon consideration of Defendant's Claim for Exemption, a hearing is scheduled for Tuesday, December 11, 2007, at 11:15 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ter J. Russo, Esq. 3 800 Market Street Camp Hill, PA 17011 Attorney for Plaintiff ~y Poziac 2 Raspberry Drive Mechanicsburg, PA 17050 Defendant, pro Se Claudia Brewbaker Cumberland County Sheriff s Office ,~•~ j;~ ~ _ !' ~ ° ~~ ~ Wesley O r, Jr., -, ~,'r ~ :rc t~ ~~ ~y ~ ~ ~4._e.l ~r J 4 - _ t ~n ., •~ ~ti~lu'~ - ~ ~~,;: - ~ ~, r ~ ; ~ ~ , ~ ~ ._<<.~~~; ;-~~ ~.z~l~~ PUROCLEAN OF SUSQUEHANNA VALLEY, Plaintiff v RAY POZIAC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07-5387 CIVIL TERM IN RE: DEFENDANT'S CLAIM FOR EXEMPTION ORDER OF COURT AND NOW, this 11th day of December, 2007, upon consideration of Defendant's Claim for Exemption, and following a hearing at which the Defendant did not appear in order to support the Claim for Exemption, the Claim for Exemption is denied. It is noted that Plaintiff's counsel, Peter J. Russo, Esquire, did appear at the hearing. By the Court, ter J. Russo, Esquire 3800 Market Street Camp Hill, Pa 17011 For Plaintiff y Poziac ` 2 Raspberry Drive ~1 Mechanicsburg, PA 17050 Defendant, pro se Claudia Brewbaker Cumberland County Sheriff's Office :mae ~-- c:,^, €~-- `~ r~ _. ; . ..... k ~~ ~ _ ; ! , _ ~~. ~ ~ r-.. `"'' ~ r ~.s i LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw,com TO: RAY POZIAC PUROCLEAN of SUSQUEHANNA VALLEY Plaintiff v. RAY POZIAC Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.2447- 5387 CIVIL TERM : CIVIL Discovery in Aid of Execution Judgment was obtained by our above-named client against you on „~r.p/- %~%,,~t>7 Plaintiff hereby serves you with the written interrogatories attached he er o You are required to furnish written answer within thirty (30) days after service in accordance with the Pennsylvania Rules of Civil Procedure. The answers shall be inserted in the space provided after each interrogatory; attach additional pages if more space is needed for the answer. This discovery is continuing and demand is hereby made to amend or supplement the answers as is required by the Pennsylvania Rules of Civil Procedure. If the answering party is a minor, a decedent's estate or an individual who is incompetent or under legal disability to provide answers, the individual providing answers shall state his or her name and the authority under which he or she is providing the answers. The Law Offices of Peter J. Russo, P.C. •~'."' .~ By: lizabeth J. Saylor, Esqui e...._H. "~ -- In making this communication, we advise that our firm is a debt collector. Written Interrogatories (First Set) 1. Do you ("the Defendant") have any savings accounts? Yes ( ) No ( } If so, set forth the name and address of each bank or other savings institution where the Defendant has a savings account, the account number associated with the account, and the current balance. Is each account noted above in the Defendant's name alone? Yes ( ) No ( ) If the answer is "No," indicate the name of each co-owner on the account and the person's relation to the Defendant. 2. Does the Defendant have any checking accounts? Yes ( ) No ( ) If so, set forth the account number, the name of the bank or other institution, its address, the amount on deposit and the date and amount of the last deposit made. Is this account in the Defendant's name alone? Yes ( ) No ( ) If the answer is "No," indicate the name of each co-owner on the account and the person's relation to the Defendant. 3. Does the Defendant own any real estate? Yes ( ) No ( ) If so, set forth the property address and a description of the real estate owned. 2 Is this real estate in the Defendant's name alone? Yes ( ) No ( ) If the answer is "No," indicate the name of each co-owner of the real estate and the person's relation to the Defendant. What is the Defendant's monthly mortgage payment(s)? 4. Does the Defendant rent any real estate from a Landlord? Yes ( } No ( ) If so, what is the Defendant's monthly rental payment? Set forth the name and address of the Landlord and the amount of the Defendants' security deposit. 5. Does the Defendant rent any real estate to a Tenant? Yes ( ) No ( ) If so, set forth the following information: Tenantllessee Name Address Monthly Rent Rent Due Date 6. Does the Defendant own any stocks, bonds or mutual funds? Yes ( ) No ( ) Is so, please describe. 7. Does the Defendant own any equipment? Yes ( ) No ( ) 3 r R . ~ If so, set forth the following information: Description of equipment Address where equipment is located The names and addresses of any other owners of the equipment 8. Does the Defendant own any vehicles? Yes ( ) No ( ) If so, set forth the following information: Description of vehicle including model name and year, mileage and whether there I any balance owed on the vehicle. Address where vehicle is located The names and addresses of any other owners of the vehicle 9. Does the Defendant have any accounts receivable? Yes ( ) No ( ) If so, describe the amount the Defendant is owed and the name and address of each person who owes the Defendant money. a 10. What was the Defendants' gross income in 2006? $ In 2005? $ In 2007 yeaz to date? $ I certify that facts set forth in the foregoing answers to writing interrogatories are true and correct subject to the penalties of 18 Pa. C.C. Section 4904, relating to unsworn falsification to authorities. Name: Title: Date: 4 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hi11, PA 17011 (717) 591-1755 PUROCLEAN of SUSQUEHANNA VALLEY Plaintiff v. RAY POZIAC Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.2007-5387 CIVIL CERTIFICATE OF SERVICE I, Ashley R. Sipe, Paralegal, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Certified, Return Receipt, and Addressed as follows: Ray Proziac 2 Raspberry Drive Mechanicsburg, PA 17050 Date: (~ l.Z,b~- Ashley i e, Paralegal ~. ~ -- ~' F ~ 4~ +~ ~.~ a» - ~r .ty"' LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 (717) 591-1756 prusso@pjrlaw.com Attorney for Plaintiff PUROCLEAN of IN THE COURT OF COMMON PLEAS OF SUSQUEHANNA VALLEY :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :DOCKET N0.2007-5387 RAY POZIAC Defendant :CIVIL PLAINTIFF'S MOTION TO COMPEL ANSWER TO DISCOVERY IN AID OF EXECUTION AND NOW, COMES, Plaintiff, Puroclean of Susquehanna Valley, through its attorney, The Law Offices of Peter J. Russo, P.C., respectfully request that this Court compel Defendant Ray Poziac to answer Plaintiff's Discovery in Aid of Execution. In support of this request, Plaintiff avers the following: 1. On or around Apri17, 2007 Plaintiff filed a complaint with the Magisterial District Court which is attached hereto as Exhibit "A" 2. On or around May 17, 2007 the Honorable Judge Placey entered a default judgment in favor of Plaintiff and against Defendant in the amount of Three Thousand Seventy Six Dollars and Twenty Eight cents ($3,076.28) which is attached hereto as "Exhibit B". 3. On or around September 4, 2007 Plaintiff filed a Praecipe to Enter Judgment with the Court of Common Pleas. 4. On or around September 28, 2007 Plaintiff filed a Praecipe for Writ of Execution which was served on Defendant or around November 5, 2007 which is attached hereto as Exhibit "C". 5. On or around November 26, 2007 after 20 days from service of the Writ Plaintiff asked Sheriff R. Thomas Kline to post sale on the property for Defendant. 6. Around the same time Defendant filed a Claim for Exemption which is attached hereto as Exhibit "D". 7. On or around the 28~' of November the Honorable Judge Oler issued an order scheduling a hearing upon Defendant's Claim for Exemption. 8. On or around December 11, 2007 a hearing was held in front of the Honorable Judge Older in which Defendant did not appeaz to support the Claim for Exemption. 9. On or around December 14, 2007 Plaintiff filed Discovery in Aid of Execution which was served to Defendant on December 26, 2007 which proof of service is attached hereto as Exhibit "E". 10. Thirty days has past since service was made on Defendant and he has failed to respond Plaintiff's Discovery in Aid of Execution. WHEREFORE, Plaintiffs respectfully request this Court to grant its motion to compel answers to Plaintiffs Discovery in Aid of Execution or suffer sanctions this Honorable Court deems appropriate. Respectfully Submitted Date: Z~~b~05t Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney LD. No. 20013 Attorneys for Petitioner 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 3800 Mazket Street Camp Hill, PA 17011 (717) 591-1755 (717) 591-1756 prusso@pjrlaw.com PUROCLEAN of SUSQUEHANNA VALLEY Plaintiff vii. RAY POZIAC Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.2007-5387 CIVIL CERTIFICATE OF SERVICE I, Ashley R. Sipe, Paralegal, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s} and in the manner indicated below: U.S. First Class Regulaz Mail Ray Proziac 2 Raspberry Drive Mechanicsburg, PA 17050 Date: a b j 0 Ashley ipe, Para egal - c T ~~ ~~ ~~ ~ N - t° -~-~ ~ i E'.~e t ~: ~ ' ~'~ ~ v#, ~ ~ ~ - C « ~~ PUROCLEAN of SUSQUEHANNA VALLEY, Plaintiff v. RAY POZIAC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-5387 CIVIL TERM ORDER OF COURT AND NOW, this 29`h day of February, 2008, upon consideration of Plaintiff's Motion To Compel Answer to Discovery in Aid of Execution, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. +~ Peter J. Russo, Esq. Elizabeth J. Saylor, Esq. 3800 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff /Ray Poziac 2 Raspberry Drive Mechanicsburg, PA 17050 Defendant, pro Se :rc J. n l.0 t ~~S rri ~ t P a~~Y fo8 ,~T"/Y2 BY THE COURT, { ~ `~` ;f`~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 (717) 591-1756 prusso@pjrlaw.com PUROCLEAN of SUSQUEHANNA VALLEY Plaintiff vi. RAY POZIAC Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.2007-5387 CIVIL MOTION TO MAKE RULE ABSOLUTE AND NOW, COMES The Law Offices of Peter J. Russo, P.C., and sets forth the following: 1. On or around December 14, 2007 Plaintiff filed Discovery in Aid of Execution which was served to Defendant on December 26, 2007. 2. Thirty days had past since service was made on Defendant and he had failed to respond to Plaintiffs Discovery in Aid of Execution. 3. On the 29th of February, 2008, the Honorable Judge J. Wesley 01der, Jr., issued a Rule upon the defendant to show cause why the relief requested should not be granted. That Rule was returnable twenty (20} days after service. 4. In response to the issuance of the Rule, Defendant contacted Plaintiff's counsel in an effort to make arrangements to pay the judgment. 5. Shortly thereafter, Defendant terminated contact with Plaintiff s counsel. 6. Over forty (40) days have elapsed since issuance of the Rule. 7. Defendant has not filed a response. WHEREFORE, Puroclean of Susquehanna Valley, by and through their counsel, requests this Court make the Rule Absolute and Sanctions to include an Order that the Defendant appear before the Court and provide the answers in response to the Discovery in Aid of Execution, pay the cost of attorneys fees and any sanctions the Court deems reasonable in the above action. Respectfully submitted, Law Offices of Peter J. Russo, P.C. Date: ~~ 0 Peter J. Russo, Esquire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Petitioner 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 (717) 591-1756 prusso@pjrlaw.com Attorney for Plaintiff PUROCLEAN of IN THE COURT OF COMMON PLEAS OF SUSQUEHANNA VALLEY :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :DOCKET N0.2007-5387 RAY POZIAC Defendant :CIVIL CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing documents upon the following persons, in the manner indicated: FIRST CLASS MAIL Ray Poziac 2 Raspberry Drive Mechanicsburg, PA 17050 LAW OFFICE OF PETER J. RUSSO, P.C. BY: Date: ~ ~ ~S` C~ Ashley R. S~ e, Paralega n~ _ ~ - ~"s °'\,7 ;"~ '-t':, a w.o i is ~~ : ' '« i „tom m r C~ "S3 PUROCLEAN of IN THE COURT OF COMMON PLEAS OF SUSQUEHANNA CUMBERLAND COUNTY, PENNSYLVANIA VALLEY, Plaintiff v. CIVIL ACTION -LAW RAY POZIAC, Defendant N0.07-5387 CIVIL TERM ORDER OF COURT AND NOW, this 29`" day of April , 2008, upon consideration of Plaintiff s Motion To Make Rule Absolute, the motion is granted and Defendant is directed to respond without objection to Plaintiff s Motion To Compel Answer to Discovery in Aid of Execution within 20 days of the date of this order. BY THE COURT, ~ Peter J. Russo, Esq. Elizabeth J. Saylor, Esq. 3800 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff Ray Poziac 2 Raspberry Drive Mechanicsburg, PA 17050 Defendant, pro Se :rc P 'Y~3v~o8 h , , atln~ f ! •~ . ~, LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 (717)591-1756 prusso@pjrlaw.com PUROCLEAN of SUSQUEHANNA VALLEY Plaintiff v. RAY POZIAC Defendant Attorney for Plaintiff . IN .THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, .PENNSYLVANIA DOCKET N0.2007-5387. CIVIL PETITION FOR CONTEMPT AND NOW, COMES The Law Offices of Peter r. Russo, P.C., and sets forth the following: 1. On or azound December 14, 2007• Plaintiff filed'. Discovery in Aid of Execution which was served to Defendant on December 26, 2007. 2. Defendant failed to respond to Plaintiff's Discovery in Aid of Execution and after thirty (30) days, on the 29th of February, 2008, the Honorable Judge J. Wesley Qlder, Jr., issued a Rule upon the Defendant to show cause why the relief requested should not be granted. That Rule was returnable twenty (20) days after service. A true and correct copy of 'said Order is attached . hereto as Exhibit A. 4. Defendant again failed to comply with the' Court's Order of 29th of February, 2008 and in response on Apri121, 2008, Plaintiff filed a Motion to Make Rule Absolute. 5. On the 29th of April, 2008, the Honorable Judge J. Wesley Older, Jr., issued an Order directing Defendant to reply without objection to Plaintiffs Motion to Compel Answer to Discovery in Aid of Execution within twenty (20) days. A true and correct copy of said Order is attached hereto as Exhibit B. 6. Defendant. again failed to comply with the Court's Order of 29th of April, 2008 and in response on Plaintiff files the herein Petition for Contempt. WHEREFORE, Puroclean • of Susquehanna Valley, by and through their counsel, requests this Court to fmd the Defendant in Contempt of Court and to Order that the Defendant appear ;before the Court and provide the answers in response to the Discovery in Aid of Execution, pay the cost of attorneys fees and any sanctions the Court deems reasonable in the above action. .Respectfully submitted, Law Offices~of Peter J. Russo P.C. Peter J. Russo, Esquire Attorney LD. No. 72897 Elizabeth J. Saylor, Esquire . Attorney I.D: No. 200139 Attorneys for Petitioner 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: ~o ~ r~ U Y EXHIBIT A PUROCLEAN of SUSQUEHANNA VALLEY, Plaintiff v. RAY POZIAC, 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W Defendant N0.07-5387 CIVIL TERM ORDER OF COURT AND NOW, this 29`h day of February, 2008, upon consideration of Plaintiff's Motion To Compel Answer to Discovery in Aid of Execution, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J. Peter .Russo, Esq. ' abeth J. Saylor, Esq. 3800 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff Ray Poziac 2 Raspberry Drive Mechanicsburg, PA 17050 Defendant, pro Se :rc EXHIBIT B PUROCLEAN of SUSQUEHANNA VALLEY, Plaintiff v. RAY POZIAC, Defendant ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-5387 CIVIL TERM ORDER OF COURT AND NOW, this 29`h day of April , 2008, upon consideration of Plaintiff's Motion To Make Rule Absolute, the motion is granted and Defendant is directed to respond without objection to Plaintiffs Motion To Compel Answer to Discovery in Aid of Execution within 20 days of the date of this order. //r J. Russo, Esq. lizabeth J. Saylor, Esq. 3800 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff Ray Poziac 2 Raspberry Drive Mechanicsburg, PA 17050 Defendant, pro Se :rc BY THE COURT, r __ .. ., y . ~. 4~:~ - t '•~ ~bG+-•Y~ .. A h Y ~ s~.~.,, ~s}i~.7~} LAW OFFICES OF P J. RUSSO,. P.C. BY: Peter J. Russo, Esquire PA Supreme, Court. ID: 72897 5006 E Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 (717) 591-1756 prusso@pjrlaw.com Attorney for Plaintiff PUROCLEAN of IN THE COURT .OF COMMON PLEAS OF SUSQUEHANNA VALLEY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , v. DOCKET N0.2007-5387 RAY POZIAC . Defendant CIVIL CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing documents upon the following persons, in the manner indicated: FIRST CLASS MAIL Ray Poziac 2 Raspberry Drive Mechanicsburg, PA 17050 Date: (9 ~CQ ID ~ LAW OFFICE OF PETER J. RUSSO, P.C. BY: Ashley R. Paralegal c~a ~t~'~ ~__ ~; t~ C~ ~ . ~~--' "~ ..~ ~" r ~ ~ PLJROCLEAN of IN THE COURT OF COMMON PLEAS OF SUSQUEHANNA CUMBERLAND COUNTY, PENNSYLVANIA VALLEY, Plaintiff v. CIVIL ACTION -LAW RAY POZIAC, Defendant N0.07-5387 CIVIL TERM ORDER OF COURT AND NOW, this 11~' day of June, 2008, upon consideration of Plaintiff s Petition for Contempt, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Monday, July 7, 2008, at 3:00 p.m., in Courtroom No. 1, Cumberland County Court House, Carlisle, Pennsylvania. DEFENDANT is hereby directed to appear at the above-scheduled hearing. BY THE COURT, J /Peter J. Russo, Esq. Elizabeth J. Saylor, Esq. 3 800 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff ~ay Poziac 2 Raspberry Drive Mechanicsburg, PA 17050 Defendant, pro Se :rc 1. o~c es .~~ ~, ~~i3~o8 ~~ V t~~! 4 U'~~'i{ V~t~ ~~ ~~ ~~ ~ ~ ~nr soot ~t~a.eJirVrgtqJr-ES.V'~S."~tryry-ry.(~+[-l.i. ~V ~, ~ i PUROCLEAN OF SUSQUEHANNA IN THE COURT OF COMMON PLEAS OF VALLEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff _ v CIVIL ACTION - LAW RAY POZIAC, Defendant 07-5387 CIVIL TERM IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 7th day of July, 2008, upon consideration of Plaintiff's Petition for Contempt, and pursuant to an agreement reached in open court between the Defendant, Ray Poziac, representing himself, and Plaintiff through its counsel, Peter J. Russo, Esquire, it is ordered and directed as follows: 1. Defendant is obligated to Plaintiff in the amount of $3,825. 2. Defendant agrees that today he will pay to the Plaintiff $100. 3. Defendant shall pay $200 on the 18th of each month until the balance of the $3,825 is paid in full. 4. Defendant is the owner of a piece of real property at 2 Raspberry Drive, Mechanicsburg, Pennsylvania, 17050, and Defendant agrees in the event that property is to be sold to a third party, the balance of any unpaid amount to the Plaintiff shall be paid in full upon settlement of that transaction. 5. Plaintiff's Petition for Contempt is continued aeneral1y, By the Court, J. ~sley O1 Jr. , J. '~~~fl ~~~I,~~t~ ~t~ ~''~"~'1~~WtYJ ~!~ =~ ~"' ~~ ~ Peter J. Russo, Esquire 3800 Market Street Camp Hill, PA 17011 For Plaintiff Ray Poziac 2 Raspberry Drive Mechanicsburg, PA 17050 Defendant, pro se :mae R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDID. No action has been taken in the last six months. Sheriff's costs: Docketing $18.00 Advertising 10.00 Law Library .50 Prothonotary 2.00 Mileage 31.68 Surcharge 20.00 Levy 20.00 Postpone Sale ~.5-00 Poundage 2.34 $119.52 ~L So Answers: ~, r - R. Thomas Kline, Sheriff BY Sergeant ~~ --_ i~ _ `.'.. ~ ~-•Od C v ~ Sd LL crc ~ 7/~f ,2~.~- 3 d ci y 7 ~J r U~ W °~ J WRIT OF EXFCUTIO~T ar.:L'or AT~'ACH1YiI~T1 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5387 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PUROCLEAN OF SUSQUEHANNA VALLEY, Plaintiff (s) From RAY POZIAC, 2 Raspberry Drive, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell all property including but not limited to furniture, desks, computers, televisions, printer, cash which is located at 2 Raspberry Drive, Mechanicsburg, PA 17050 . (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 deliver;r~g 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 $3,076.28 Interest Atty's Comm $375.00 Atty Paid $53.75 Plaintiff Paid Date: 10-02-07 (Sean REQUESTING PARTY: Name PETER J RUSSO, ESQUIRE Address: 3800 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-591-1755 Supreme Court ID No. 72897 L.L. $.50 Due Prothy $2.00 Other Costs $174.00 's R. Long, Prothonotary By: Deputy ~;~,, rrz _ C~ C _i_ t1 ~ `~~~ ~ _- .~ ~' ~ ~ ~ ~ ~~