Loading...
HomeMy WebLinkAbout07-5845BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION ROBBIE D. LUZIER, Defendant NO. ??- 5845 C;vi t ??rnn NOTICE TO DEFEND AND CLAIM RIGHTS 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 notice and pleading 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 pleading or for any other claim or relief requested by 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, Pennsylvania 17013 (717) 249-3166 BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION ROBBIE D. LUZIER, Defendant ; NO. o? S"PY? COMPLAINT 1. Plaintiff is Barbara Sumple-Sullivan, an individual transacting business at 549 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Robbie D. Luzier, an individual, whose present mailing address is P.O. Box 122, Grantham, Cumberland County, Pennsylvania 17027. 3. On or about December 27, 2005, Defendant contracted with Plaintiff to represent him in divorce, support and custody matters. A copy of said agreement is attached as Exhibit "A". 4. Said agreement provided that Plaintiff is to be compensated the sum of $185.00 per hour for work by Plaintiff, $65.00 per hour for work by paralegal staff as well as pay all costs and expenses associated with the case. 5. Plaintiff has expended 94.20 hours of billable hours on behalf of Defendant. 6. Defendant has repeatedly failed to pay for legal services in full. 7. Defendant currently owes the Plaintiff ELEVEN THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS AND 31/100 ($11,568.31) for services provided and costs incurred. 8. Defendant has failed to make payment on his outstanding legal fees since June 1, 2007, despite repeated demand. WHEREFORE, Plaintiff requests judgment in the amount of ELEVEN THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS AND 31/100 ($11,568.31) plus interest and costs of suit. Dated: October 2007 oBarbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBBIE D. LUZIER, Defendant CIVIL ACTION NO. VERIFICATION I, Barbara Sumple-Sullivan, Esquire, hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: October ?0,02007 Sumple-Sullivan, Esquire 00 C=r ? a? ? 4 J 'rt 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05845 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SULLIVAN BARBARA SUMPLE VS LUZIER ROBBIE D R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LUZIER ROBBIE D but was unable to locate Her COMPLAINT & NOTICE in his bailiwick. He therefore returns the the within named DEFENDANT , LUZIER ROBBIE D NOT FOUND , as to 1004 EAST COOVER STREET MECHANICSBURG, PA 17055 CURRENT RESIDENT HAS BEEN THERE 2 YEARS Sheriff's Costs: Docketing 18.00 Service 9.60 Not Found 5.00 Surcharge 10.00 Postage 58 4011" 9 4 3.'l 8 So answers: R. Thomas Kline Sheriff of Cumberland County BARBARA SUMPLE SULLIVAN 10/16/2007 Sworn and Subscribed to before me this day of A. D. BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION ROBBIE D. LUZIER, ; Defendant NO. 07- 58y5- Civi (-Te-w NOTICE TO DEFEND AND CLAIM RIGHTS 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 notice and pleading 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 pleading or for any other claim or relief requested by 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, Pennsylvania 17013 (717) 249-3166 1 L GOP's FROM RECORD n Testimony whereof, l here unto set my hang and tM seal of said Court at Carbsle. Pa. nok y qty--. _ ! wromwWrv BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION ROBBIE D. LUZIER, Defendant NO. COMPLAINT 1. Plaintiff is Barbara Sumple-Sullivan, an individual transacting business at 549 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Robbie D. Luzier, an individual, whose present mailing address is P.O. Box 122, Grantham, Cumberland County, Pennsylvania 17027. 3. On or about December 27, 2005, Defendant contracted with Plaintiff to represent him in divorce, support and custody matters. A copy of said agreement is attached as Exhibit "A". 4. Said agreement provided that Plaintiff is to be compensated the sum of $185.00 per hour for work by Plaintiff, $65.00 per hour for work by paralegal staff as well as pay all costs and expenses associated with the case. 5. Plaintiff has expended 94.20 hours of billable hours on behalf of Defendant. 6. Defendant has repeatedly failed to pay for legal services in full. 7. Defendant currently owes the Plaintiff ELEVEN THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS AND 31/100 ($11,568.31) for services provided and costs incurred. 8. Defendant has failed to make payment on his outstanding legal fees since June 1, 2007, despite repeated demand. WHEREFORE, Plaintiff requests judgment in the amount of ELEVEN THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS AND 31/100 ($11,568.31) plus interest and costs of suit. Z ?--- Dated: October , 2007 /4aw $arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION ROBBIE D. LUZIER, Defendant NO. VERIFICATION I, Barbara Sumple-Sullivan, Esquire, hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: October ?0,02007 arbara Sumple-Sullivan, Esquire r' l " U ?J bI :II %/ C1 1:10 HN BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION ROBBIE D. LUZIER, Defendant NO. 07 - 5845 CIVIL TERM PRAECIPE TO RE-INSTATE TO THE PROTHONOTARY: Please re-instate the Complaint filed in the above-captioned matter. Dated: November/2007 Respectfully submitted, r- Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 -n _ ? w ry h t.. vo ` r l 9 `+wl K SHERIFF'S RETURN - REGULAR CASE NO: 2007-05845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SULLIVAN BARBARA SUMPLE VS LUZIER ROBBIE D MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LUZIER ROBBIE D the DEFENDANT , at 1530:00 HOURS, on the 21st day of December-, 2007 at MESSIAH COLLEGE ONE COLLEGE AVENUE GRANTHAM, PA NORMAN BENSON, SUPERVISOR by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ?. Service 10.56ir??' ..? Postage .58 Surcharge 10.00 R. Thomas Kline 00 39.14 12/28/2007 BARBARA SUMPLE SULLIVAN Sworn and Subscibed to By: before me this day Deputy Sheriff of , A. D. BARBARA SUMPLE-SULLIVAN, ESQUIRE Plaintiff V. ROBBIE D. LUZIER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 2007 - 5845 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter judgment in favor of the Plaintiff and against the Defendant above named for want of Answer as required. The Complaint was initially filed on October 3, 2007 and reinstated on November 29, 2007. The Complaint was served on December 21, 2007 by the Cumberland County Sheriff. (Return of Service is attached hereto as Exhibit "A.") A Ten (10) day Notice was forwarded on January 11, 2008. No Answer was filed. (Attached as Exhibit "B") Certain ascertainable damages were set forth in Plaintiff's Complaint. These damages were Even Thousand Five Hundred Sixty-eighty Dollars and 31/100 ($11,568.31). WHEREFORE, Plaintiff requests that Judgment be entered in her favor and against Defendant in the amount of Eleven Thousand Five Hundred Sixty-eighty Dollars and 31/100 ($11,568.31). tted, Dated: January 23, 2008 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EXHIBIT "A" CASE NO: 2007-05845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SULLIVAN BARBARA SUMPLE VS LUZIER ROBBIE D MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE LUZIER ROBBIE D was served upon the DEFENDANT , at 1530:00 HOURS, on the 21st day of December-, 2007 at MESSIAH COLLEGE ONE COLLEGE AVENUE GRANTHAM. PA by handing to NORMAN BENSON, SUPERVISOR, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Postage .58 Surcharge 10.00 .00 39.14 Sworn and Subscibed to before me this day of ; So Answers: R. Thomas Kline 12/28/2007 BARBARA SUMPLE SULLIVAN By: Deputy Sheriff A. D. EXHIBIT "B" LAN,,, OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 January 11, 2008. Mr. Robbie D. Luzier P.O. Box 122 Grantham, PA 17027 Re: Barbara Sumple-Sullivan, Esquire v. Robbie D. Luzier Docket No. 2007 - 05845 P / Cumberland County Dear Rob: Enclosed constituting service on you is the Notice dated January 11, 2008. Please review this matter with your counsel. Si Barbara Sumple-Sullivan BSS/lh Enclosure MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER IOU Received From: o ? O Barbary S1unWle,%+utvw4 y * N 4M New (itfAfbBrlall? PA 17070 Tjf m One piece of ordumwt5 mail addressed to: o _" C z r) CD Mz -'? N Z~.'r- 0 a cj m r PS Form 3817, Mar. 1989 BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION ROBBIE D. LUZIER, Defendant NO. 07 - 5845 CIVIL TERM NOTICE TO: Mr. Robbie D. Luzier P.O. BOX 122 Grantham, PA 17027 DATE OF NOTICE: January 11, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THE ABOVE REFERENCED CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) ?I- 166 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 BARBARA SUMPLE-SULLIVAN, ESQUIRE Plaintiff V. ERIC J. MANDERBACH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2007 - 01063 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PRAECIPE TO ENTER JUDGMENT OF DEFAULT, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Robbie D. Luzier P.O. Box 122 Grantham, PA 1792`5 DATED: January 23, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff ?? ?? 4 '? °? 6'4 r`l r+.? `• r__? ?._ Q ?., , o. ?' ,?.., c__, `? _.? ,• t?r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment Barbara Sumple-Sullivan, Esquire, ( ) Other File No. 2007 - 5845 vs. Robbie D. Luzier, TO THE PROTHONOTARY OF THE SAID COURT: Amount Due $11,568.31 Interest : Atty's Comm Costs 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 for debt, interest and costs, upon the following described property of the defendant(s) Any and all property located at 804 E. Simpson Street, Mechanicsburg, PA 17055 County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the'above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against ea state of the defendant(s) described in the attached exhibit. i? Date February 11, 2008 Signature: Print Name: Barara Sumple-Sullivan, Esquire Address: 549 Bridge Street New Cumberland, PA 17070 Attorney for: Telephone Supreme Court ID No.: Plaintiff (717) 774-1445 3231.7 - ------- (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ?j r-3 rN) J n i ,? w h w 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5845 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BARBARA SUMPLE-SULLIVAN, ESQUIRE, Plaintiff (s) From ROBBIE D. LUZIER, 804 E. SIMPSON STREET, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PROPERTY LOCATED AT 804 E. SIMPSON STREET, MECHANICSBURG, PA 17055. (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 $11,568.31 Interest Atty's Comm % Atty Paid $211.32 Plaintiff Paid Date: FEBRUARY 11, 2008 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs 006" 0: F P Cu 's R. Lon onot By: REQUESTING PARTY: Name BARBARA SUMPLE-SULLIVAN, ESQUIRE Address: 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-774-1445 Deputy Supreme Court ID No. 32317 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned Expired. Sheriff's Docketing Poundage Advertising Law Library Mileage Misc. Surcharge Levy Post Pone S Certified M. Postage Garnishee TOTAL Advance Costs: 150.00 Sheriff's Costs 82.11 18.00 67.89 1.61 .50 2.00 Refunded to Atty on 07/09/08 40.00 20.00 82.11 ?7 f ?3 I08 ?i'?7 So An ers; R. Thomas Kline, Sheriff By - J?, . ro RCC C K 4 ?t$t q 0 713 U? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5845 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BARBARA SUMPLE-SULLIVAN, ESQUIRE, Plaintiff (s) From ROBBIE D. LUZIER, 804 E. SIMPSON STREET, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PROPERTY LOCATED AT 804 E. SIMPSON STREET, MECHANICSBURG, PA 17055. (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 $11,568.31 Interest Atty's Comm % Atty Paid $211.32 Plaintiff Paid Date: FEBRUARY 11, 2008 L.L. $.50 Due Prothy $2.00 Other Costs Curtis . Long, nota (Seal) By: Deputy REQUESTING PARTY: Name BARBARA SUMPLE-SULLIVAN, ESQUIRE Address: 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-774-1445 Supreme Court ID No. 32317 BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION ROBBIE D. LUZIER, : Defendant NO. 07 - 5845 MOTION TO COMPEL ATTENDANCE AT DEPOSITION AND FOR SANCTIONS AND NOW, this-3 I day of October, 2008, Barbara Sumple-Sullivan, Esquire, Plaintiff, moves the court for an Order compelling Defendant to attend a deposition and to impose sanctions pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure against Robbie D. Luzier, Defendant. 1. Plaintiff is judgment creditor of Defendant in the amount of $11,568.31, plus interest and costs since January 23, 2008. 2. Notice of Deposition was served by Plaintiff upon Defendant on or about June 24, 2008. A copy of said Notice of Deposition is attached hereto as Exhibit "A". 3. The deposition was originally scheduled for Monday, August 4, 2008 at 9:00 a.m. 4. Due to a scheduling conflict in Plaintiff's schedule, said deposition was rescheduled upon agreement to a mutually convenient date of Thursday, August 14, 2008 at 11:30 a.m. A copy of the letter dated July 24, 2008, confirming the rescheduled date is attached hereto as Exhibit "B." 5. On August 14, 2008, Sherry Bryant, Registered Merit Reporter and Certified Realtime Reporter appeared to take Defendant's Deposition. 6. Defendant did not appear, did not request a rescheduled deposition, nor explain his failure to attend. A copy of Ms. Bryant's Affidavit of Nonappearance is attached hereto as Exhibit "C." 7. Court Reporter fees in the amount of Fifty-two Dollars and 50/100 ($52.50) were incurred due to Defendant's failure to appear. 8. Plaintiff estimates counsel fees necessary to prepare and present this Motion to be valued at $300.00. 9. Pa. R.C.P. 4019 provides as follows: 4019 (a)(1) The court may, on motion, make an appropriate order for sanctions if: (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. 4019 (c) The court, when acting under subdivision (a) of this rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just. 10. Plaintiff requests that Defendant be ordered to pay sanctions in an amount of Three Hundred Fifty-two Dollars and 50/100 ($352.50) for failure to appear at Plaintiff's Notice of taking Deposition. 11. Plaintiff requests that Defendant be ordered to appear at a deposition to be mutually scheduled between the parties within sixty (60) days of the Court's Order, with failure to appear to be deemed a contempt of court. 12. No Judge has previously ruled on any other issue in this matter. WHEREFORE, it is respectfully requested that a Rule be issued in the form attached hereto and failure thereafter judgment be entered in favor of Plaintiff, and, that Defendant be ordered to pay sanctions in the amount of Three Hundred Fifty-two Dollars and 501100 ($352.50) for failure to appear at a Deposition and to appear at a deposition to be mutually scheduled within sixty (60) days. Dated: October , 2008 (717)-774-1445 Supreme Court ID #32317 rsarbara rumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 EXHIBIT "A" LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 June 24, 2008 Mr. Robbie D. Luzier P.O. Box 122 Grantham, PA 17027 Re: Barbara Sumple-Sullivan, Esquire v. Robbie D. Luzier Docket No. 2007 - 05845 P / Cumberland County Dear Rob: I have given you a reasonable time to make payment of your judgment to me. You are giving me no choice but to pursue collection of the judgment against you. Therefore, I am including herewith a Notice of Deposition. You are directed to appear at my office on Monday, August 4, 2008 at 9:00 a.m. If you should have any questions or wish to discuss . ' after, please contact my office. Barbara Sumple-Sullivan BSS/Ih Enclosure BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION ROBBIE D. LUZIER, : Defendant NO. 07 - 5845 NOTICE OF DEPOSITION ON ORAL EXAMINATION PURSUANT TO PA. R. C. P. 4007.1(d)(2) TO: Mr. Robbie D. Luzier P.O. Box 122 Grantham, PA 17027 Notice is hereby given that pursuant to PA. R. C. P. 4007.1(d)(2), the deposition as shown below, will be taken before a Notary Public or some other person authorized by law to administer oaths at the law offices of Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, Pennsylvania on the 4th day of August, 2008 at 9:00 A.M. TEWE: PERSON TO BE DEPOSED: 9:00 A.M. Robbie D. Luzier The above-named individual shall appear at the above time and place, together with the following documents: 1. Complete copies of your individual Federal and State Tax Returns, including W-2s and all schedules, for tax years 2005, 2006 and 2007; 2. Copies of all pay stubs from January 1, 2007 to the present; 3. Documentation of any additional income you realized from 2007 to the present, including rental payments, severance, bonuses, etc.; 4. Documentation of all assets, including all bank and financial account records for January, 2007 to the present; 5. Copies of all real estate appraisals for property owned; 6. Copies of all life insurance policies; and 7. Copies of all values for any retirement co ts. Dated: June 24, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff EXHIBIT `B„ LAW OFFICES -- BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 PAX (717) 774-7059 July 24, 2008 Mr. Robbie D. Luzier P.O. Box 122 Grantham, PA 17027 Re: Barbara Sumple-Sullivan, Esquire v. Robbie D. Luzier Docket No. 2007 - 05845 P / Cumberland County Dear Rob: This letter is to confirm your conversation with Laura of my office where you agreed to reschedule your deposition to Thursday, August 14, 2008 at 11:30 a.m. You requested that a letter be sent with the new date and time. If you should have any questions or wish to discuss this matter, please contact my office. Barbara Sumple-Sullivan BSS/lh EXHIBIT "C" I COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BARBARA SUMPLE-SULLIVAN, ESQUIRE, PLAINTIFF VS NO. 2007-5845 ROBBIE D. LUZIER, DEFENDANT AFFIDAVIT OF NONAPPEARANCE STATE OF PENNSYLVANIA COUNTY OF DAUPHIN I, Sherry Bryant, Registered Merit Reporter and Certified Realtime Reporter, do hereby certify that I was present at the Law Office of Barbara Sumple-Sullivan, 549 Bridge Street, New Cumberland, Pennsylvania, on Thursday, August 14, 2008 from 9:45 a.m. until 11:40 a.m. for the purpose of reporting the deposition of Robbie D. Luzier, scheduled to begin at 10:30 a.m., pursuant to notice, and that the deponent did not appear. Dated this 14th day of August 2008. Sherry J. y nt, RM CRR GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 z ' I N V C? I C f fiIIi?abeth both a Robbie Luz?er _ .r r 70.00 7fl.Do. 35.00 35 DC . ,= M TOTAL DUE >>> $105.00 ` ' Tax ID: 25-1679685 Phone: 717-774-1445 Fax:717-774-7059 Pleure detach bottom portion-and return with payment. l Job No. 3777 BU ID :1-MAIN Barbara'Surriple-Sullivan Case No. 2007-3116 taw Offr.?'of Barbara Suinple-Svlfivan x " S49 8ndge:Str€et Case Name Barbara Sumple-Sullivan vs Elizabeth Goth = - Nev ,Cumb land; PA 17070 Invoice No. 7551 Invoice Date :8/18/2008 ' Total Due $ 105.00 y r PAYMENT WITH CREDIT Cardholder's Name: CARD Card Number: Exp. Date: Phone#• Billing Address: ZiP: Card Sec urity Code: Amount to Charge: Cardholder's Signature: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBBIE D. LUZIER, Defendant : CIVIL ACTION NO. 07 - 5845 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the Motion For Sanctions to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: Mr. Robbie D. Luzier Mr. Robbie D. 804 East Simpson P.O. Box Mechanicsburg, PA 17055 Grantham, PA DATE: October _56 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 F' f '°`x r- ?` ? _r? ---. ('" !` w 4tJ' `? NOV 0 3 2008 (i Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 BARBARA SUMPLE-SULLIVAN, ESQUIRE: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION ROBBIE D. LUZIER, Defendant NO. 07 - 5845 RULE TO SHOW CAUSE AND NOW, this r? day of L .? , , 2008, a Rule is issued upon Defendant to show cause why Plaintiff is not entitled to the relief requested. Defendant shall file and serve an answer to this Motion within twenty (20) days of this date. Failtao-- v V BY THE COURT: stribution: Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 ,ZW. Robbie D. Luzier, P.O. Box 122, Grantham, PA 17027 nn LL /141/00 ;