HomeMy WebLinkAbout09-1744
i
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. SMURO,
Civil Action
Plaintiff, No. 61 , /7
0/
V.
STACY R. GARONZIK,
Defendant.
NOTICE TO DEFEND
TO: STACY R. GARONZIK
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
claims 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.
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 REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
Telephone Number (717) 249-3166
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. SMURO,
Civil Action
Plaintiff,
No. 09- 17Y(/ Ct t'J ?.??.
V.
STACY R. GARONZIK,
Defendant.
COMPLAINT
Plaintiff, Dean M. Smuro ("Smuro"), by and through his undersigned counsel, Black and
Davison, for causes of action against defendant, Stacy R. Garonzik, says:
1. Plaintiff Dean M. Smuro is an adult individual domiciled in the Commonwealth
of Pennsylvania with a business address of 865 Lincoln Way West, Chambersburg,
Pennsylvania.
2. Defendant Stacy R. Garonzik is an adult individual residing at 3404 Lisburn
Road, Mechanicsburg, Pennsylvania.
3. On or about June 19, 2008, Smuro and defendant entered into an equipment lease
(the "Lease Agreement") under which Smuro would lease certain exercise and related equipment
to defendant. A copy of the Lease Agreement is submitted herewith as Exhibit "A".
4. Pursuant to the terms of the Lease Agreement, defendant agreed to a monthly
rental of $343.75, paid in advance on the ninth day of each month during the term of the Lease
Agreement. See Exhibit "A" at 12.
5. Rental payments received more than ten days after the due date are subject to a
late charge of ten percent of the monthly rent. See id.
2
6. The term of the Lease Agreement commenced on June 9, 2008, and was to expire
on June 9, 2012. See id. At the expiration of the term of the Lease Agreement, defendant had
the option to purchase the equipment for the sum of $493.75. See Exhibit "A" at ¶ 6. If the
option expired without being exercised, defendant was obligated to return the equipment to
Smuro. See id.
7. The equipment was to remain at defendant's premises located at One Lemoyne
Square Plaza, Suite 108, Lemoyne, Pennsylvania. See Exhibit "A" at 19. A list of the
equipment delivered to defendant is attached to the Lease Agreement as Exhibit "A".
8. Smuro, in accordance with the terms of the Lease Agreement, delivered the
enumerated equipment into the possession of defendant.
9. Defendant has made one payment of $500.00 in July, 2008 and one payment of
$400.00 in August, 2008. She has not made any further rent payments to Smuro, despite demand
for the same.
10. Defendant's failure to pay the monthly rent constitutes a default under the Lease
Agreement.
11. Smuro has requested that defendant make all outstanding payments due, but she
has failed and/or refused to do so.
12. Defendant has relocated the equipment to 3608 Hartzdale Drive, Camp Hill,
Pennsylvania.
13. Defendant currently operates her business under the name "Kinetics Health and
Wellness," a name misappropriated from a limited liability company owned by Smuro named
"Kinetics Health and Wellness, LLC." Defendant is not privileged or licensed to use this name.
COUNT I- REPLEVIN
14. Smuro incorporates by reference paragraphs 1 through 13 of the complaint as if
set forth fully herein at length.
15. Pursuant to the Lease Agreement, title to the equipment remained vested only in
Smuro:
Lessor shall at all times retain sole and exclusive title to the Equipment. Lessee
shall not in any manner represent that he [sic] is the owner of the Equipment, nor
shall he [sic] do anything to impair or destroy Lessor's vested rights in and to said
Equipment, it being understood by the parties hereto that Lessee holds possession
of the Equipment only as a Lessee subject solely to the terms and conditions
herein provided. Lessee shall not change, remove, nor in any manner alter any
insignia or lettering which appears on the Equipment at the time of delivery or
which is thereafter placed upon the Equipment indicating Lessor's ownership
thereof....
Exhibit "A" at 13.
16. Smuro avers that by reason of defendant's default in and failure to pay the
monthly rental, the right of possession of said equipment is in Smuro.
17. Pursuant to the terms of the Lease Agreement, Smuro leased to defendant the
following equipment:
(a) Precor C-846 upright bike;
(b) Precor C-846 recumbent bike;
(c) Precor C-546 elliptical cross trainer;
(d) Precor C-962 treadmill 120V;
(e) Precor C-964 treadmill 220V;
(f) Two (2) double-tier dumbbell racks;
(g) York urethane-coated dumbbells, 5-25 lbs., with tapered handles;
(h) York urethane-coated dumbbells, 30-100 lbs. with thick 33mm handles;
4
(i) Hoist pull-up/dip combo;
0) Hoist leg extension/leg curl combo;
(k) Hoist leg press;
(1) Hoist lat pulldown/row combo;
(m) Hoist bicep/tricep combo;
(n) Hoist seated calf raise;
(o) Hoist 2-adjustable incline utility benches;
(p) Cybex adjustable cable cross-over;
(q) Cybex power cage;
(r) Cybex leg raise;
(s) Hammer low back extension;
(t) Hammer incline chest press/high row combo;
(u) Various bars, plates and attachments;
(v) Hoist counterbalanced smith machine;
(w) Three (3) 27-inch televisions;
(x) Twenty-five (25) 4' x 6' mirrors;
(y) Water cooler;
(z) Fax machine;
(aa) Two (2) clocks;
(bb) Agility ladder;
(cc) Blue fitness rings;
(dd) Blue physioball;
(ee) Binder machine;
5
(fl) Microwave;
(gg) Color laser printer;
(hh) Office desk and chair;
(ii) ProMaxima T-bar row;
0j) ProMaxima preacher curl/overhead tricep (selectorized);
(kk) ProMaxima hack squat;
(11) ProMaxima unilateral shoulder press (plate load);
(mm) Precor C-764 stepper;
(nn) Steps, two (2) 4-inch, one (1) 6-inch;
(oo) Bosu;
(pp) Five (5) physioballs;
(qq) Bodyblade;
(rr) One (1) 12-1b. weights/rack;
(ss) Functional grid;
(tt) Foam rollers;
(uu) Six (6) JC bands;
(w) Balance boards/Airex cushion;
(ww) Massage table.
18. The reasonable value of the property described in the Lease Agreement and in
paragraph 17 above is $25,000.00.
19. The above described property is located at 3608 Hartzdale Drive, Camp Hill,
Pennsylvania.
6
20. Pursuant to the terms of the Lease Agreement, Smuro has retained title to the
above property subject to the Lease Agreement, unless and until defendant has fulfilled all of the
terms and conditions thereof. See Exhibit "A" at 13.
21. Pursuant to the terms of the Lease Agreement, Smuro has the right to immediate
possession of all of the property loaned to defendant upon defendant's default. See Exhibit "A"
at IN 3, 9.
22. Pursuant to paragraph 9 of the Lease Agreement, Smuro is entitled to a reasonable
attorney's fee for retaking possession of the property. See Exhibit "A" at 19.
WHEREFORE, Smuro demands judgment in replevin in his favor and against defendant
for:
(1) the possession and delivery of all the above-itemized property; or
(2) the value of the property with interest to the date of trial, in case possession and
delivery cannot be had, being a sum in excess of $25,000.00; and
(3) reasonable attorneys' fees and costs of suit; and
(4) any and all other relief which this Court deems equitable and just.
COUNT II-BREACH OF CONTRACT
23. Smuro incorporates by reference paragraphs 1 through 22 as if set forth fully
herein at length.
24. Pursuant to paragraph 2 of the Lease Agreement, defendant has defaulted by her
failure and refusal to pay rent, both current and in arrears, the sum of which, including
delinquency fees is in excess of two thousand, five hundred and three dollars and thirteen cents
($2,503.13) and increasing monthly.
7
25. Pursuant to paragraph 9 of the Lease Agreement, defendant has defaulted by her
removal of the equipment from One Lemoyne Square Plaza, Suite 108, Lemoyne, Pennsylvania
and her relocation thereof to 3608 Hartzdale Drive, Camp Hill, Pennsylvania.
26. Defendant is not privileged or licensed to use the name "Kinetics Health and
Wellness" pursuant to any agreement between Smuro and defendant.
27. At all times material hereto, Smuro has fully and satisfactorily conformed to and
complied with all terms and conditions required of him under the Lease Agreement.
28. To date, defendant owes Smuro an amount in excess of two thousand, five
hundred and three dollars and thirteen cents ($2,503.13).
29. Pursuant to the Lease Agreement, "[i]n case of any default by Lessee hereunder,
all sums due and to become due hereunder shall become immediately due and payable as if
payable in advance by the terms of this Lease without further notice to Lessee." See Exhibit "A"
at¶9.
30. As of the filing of this action, the balance of current rental payments which have
become due and payable in advance is thirteen thousand, nine hundred ($13,900.00) dollars.
31. Pursuant to paragraph 9 of the Lease Agreement, Smuro is entitled to a reasonable
attorney's fee as a result of defendant's default. See Exhibit "A" at 19.
8
WHEREFORE, Smuro demands judgment in his favor and against defendant for:
(1) rent in arrears plus a delinquency payment equal to ten (10) percent of the rent in
arrears, the sum of which is in excess of two thousand, five hundred and three dollars and
thirteen cents ($2,503.13) and increasing monthly, plus all outstanding rent due under the Lease
Agreement, the sum of which is thirteen thousand, nine hundred ($13,900.00) dollars;
(2) reasonable attorneys' fees and all other costs incurred in connection with the
collection of rent in arrears; and
(3) any and all other relief which this Court deems equitable and just.
BLACK AND DAVISON
BY:
Elliott B. Sulcove
Attorney I.D. No. 84593
82 West Queen Street
Chambersburg, PA 17201
(717) 264-5194
Attorney for Plaintiff, Dean M. Smuro
9
VERIFICATION
I, Dean A Smuro, have read the foregoing Complaint which has been drafted by my
counsel. The factual statements and/or denials contained therein are true and correct to the best
of my knowledge, information and belief.
This Verification is made only as to the factual averments contained therein and not to
legal conclusions and averments authorized by counsel in his capacity as attorney for the party or
parties hereto.
This Verification is made subject to the penalties of 18 Pa. C.S., Section 4904, relating to
unsworn falsification to authorities which provides that, if I knowingly made false averments, I
may be subject to criminal penalties.
Dean A Smuro
Date: 3/19 , 2009
10
"C' L)w-f- ?-
EQUIPMENT LEASE
THIS AGREEMENT made this day of June, 2008, BY AND BETWEEN
DEAN M. SMURO, of 865 Lincoln Way West, Chambersburg, Franklin County,
Pennsylvania, hereinafter referred to as "LESSOR", and STACY R. GARONZIK, of 3404
Lisburn Road, Mechanicsburg, Pennsylvania, hereinafter referred to as "LESSEE". In
consideration of the mutual covenants herein, and intending to be legally bound hereby,
the parties agree as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby leases and rents from
Lessor the personal property listed and more fully described in Schedule A ("the
Equipment").
2. The term of this Lease Agreement shall commence on June 9, 2008 and end
on June 9, 2012. Commencing on July 9, 2008, Lessee shall pay to Lessor as rental for
the equipment the sum of three hundred forty-three dollars and seventy-five ($343.75)
cents in advance on the ninth day of each month during the term of this Lease. All rent
payments shall be made to Lessor at 865 Lincoln Way West, Chambersburg,
Pennsylvania. All rent payments received more than ten (10) days after their due date
shall be subject to a late charge of ten (10%) percent of the monthly rental. All rent is
payable without prior notice or demand and without abatement, deduction or offset of any
amount for any cause.
3. Lessor shall at all times retain sole and exclusive title of the Equipment.
Lessee shall not in any manner represent that he is the owner or partial owner of the
Equipment, nor shall he do anything to impair or destroy Lessor's vested rights in and to
said Equipment, it being understood by the parties hereto that Lessee holds possession
of the Equipment only as a Lessee subject solely to the terms and conditions herein
provided. Lessee shall not change, remove, nor in any manner alter any insignia or
lettering which appears on the Equipment at the time of delivery or which is thereafter
placed upon the Equipment indicating Lessor's ownership thereof. At her own expense
Lessee shall protect and defend Lessor's title, at all times keeping the Equipment free from
any legal process or encumbrance whatsoever, including, but not limited to, liens,
attachments, levies and executions, and Lessee shall give Lessor immediate written notice
thereof and shall indemnify Lessor from any loss caused thereby.
4. Lessee shall not part with possession or control of the Equipment or sell or
attempt to sell or pledge, mortgage or otherwise encumber any such Equipment or any
interest under this Lease.
5. Lessee agrees to indemnify and hold Lessor harmless from any and all
liability arising out of the possession, control, use or misuse of the Equipment, whether
such liability arises from the negligence of Lessor, his agents, servants, workmen or
employees.
6. Provided Lessee is not in default under any of her obligations under this
Equipment Lease and the Office Sublease with Lessor, Lessor hereby grants to Lessee
the option to purchase the Equipment at the end of the Lease term on June 9, 2012 for the
sum of four hundred ninety-three dollars and seventy-five ($493.75) cents in cash. In the
event Lessee does not exercise the option to purchase the equipment at the expiration of
the term of the Lease, then Lessee shall return the Equipment to Lessor in the same
condition received, less normal depreciation and reasonable wear and tear.
7. Lessee shall use the Equipment only in the regular course of her business.
All modifications, replacements, additions, alterations, substitutions and any other
accessories or controls shall accrue to and become part of the Equipment and become the
property of the Lessor. Lessee shall not so affix the Equipment to realty as to change its
nature to real property, and Lessee agrees that the Equipment shall at all times remain
personal property, no matter how attached or installed.
8. Lessee shall not assign, sublet or encumber this Lease Agreement or any of
Lessee's rights hereunder without Lessor's prior written consent. This Lease Agreement
or any Equipment or any rent or other sums due or to become due hereunder may be
assigned or transferred by Lessor without prior notice to Lessee, and, in such event,
Lessor's transferee shall have all the rights, powers, privileges and remedies hereunder,
and Lessee's obligations hereunder shall continue unabated.
9. If (a) Lessee shall default in the payment of any rent or in making any other
payment hereunder when due, or (b) Lessee shall default in the performance of any other
covenant herein, or (c) Lessee becomes insolvent or makes an assignment for the benefit
of creditors or applies for or consents to the appointment of a receiver, custodian, trustee
or liquidator of all or a substantial part of the assets of Lessee, or if such receiver,
custodian, trustee or liquidator is appointed without the consent of Lessor, or if the petition
is filed by or against Lessee under the Bankruptcy Code or any amendment thereto
(including, without limitation, a petition for reorganization, arrangement or extension) or
under any other insolvency law or law providing for the relief of debtors, or (d) if Lessee
attempts to remove, sell, transfer, encumber, sublet, assign or part with possession of the
Equipment, each of the foregoing being deemed a default by the Lessee hereunder, then,
to the extent permitted by applicable law, Lessor and or his agents may, without notice or
liability or legal process, enter into any premises of or under control of Lessee or any agent
of Lessee where said Equipment may be or by Lessor is believed to be and repossess the
Equipment, disconnecting and separating all thereof from any other property and using all
force necessary or permitted by applicable law so to do. In case of any default by Lessee
hereunder, all sums due and to become due hereunder shall become immediately due and
payable as if payable in advance by the terms of this Lease without further notice to
Lessee. Lessor, upon any default, having retaken possession of the Equipment, may
retain the Equipment and all prior payments of rent made hereunder, and Lessee shall
remain liable to Lessor for the unpaid total rent for the balance of the term of this Lease,
together with any and all expenses, including a reasonable attorney's fee for retaking.
Nothing herein contained shall prohibit Lessor from pursuing any other remedy available
-2-
to Lessor at law or in equity.
10. All rights of Lessor hereunder shall inure to the benefit of Lessor's successors
and assigns, and all obligations of Lessee shall be binding upon Lessee's heirs,
administrators, executors, successors and assigns.
11. All notices required to be given by Lessor to Lessee may be given by leaving
the same at the premises where the Equipment is installed or at Lessee's address stated
in the opening above, but notices given by Lessee to Lessor must be given by registered
or certified mail, and as against Lessor the only admissible evidence that notice has been
given by Lessee shall be a Post Office return receipt signed by Lessor or his agent.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties
hereto have caused these presents to be executed the day and year first above written.
WITNESS:
t? - ICI-01?
???a-ov I&-/ (SEAL)
Dean M. Sm o
"LESSOR"
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SCHEDULE A
Precor C-846 upright bike
Precor C-846 recumbent bike
Precor C-546 elliptical cross trainer
Precor C-962 treadmill 120V
Precor C-964 treadmill 220V
2 double-tier dumbbell racks
York urethane coated dumbbells 5-25 lb. tapered handle
York urethane coated dumbbells 30-100 lb. thick 33mm handle
Hoist pull-up/dip combo
Hoist leg extension/leg curl combo
Hoist leg press
Hoist lat pulldown/row combo
Hoist bicep/tricep combo
Hoist seated calf raise
Hoist 2-adjustable incline utility benches
Cybex adjustable cable cross-over
Cybex power cage
Cybex leg raise
Hammer low back extension
Hammer incline chest press/high row combo
Various bars, plates and attachments
Hoist counterbalanced smith machine
3 27-inch TV's
25 4-foot x 6-foot mirrors
Water cooler
Fax machine
2 clocks
Agility ladder
Blue fitness rings
Blue physioball
Binder machine
Microwave
Color laser printer
Office desk/chair
ProMaxima T-bar row
ProMaxima preacher curl/overhead tricep (selectorized)
ProMaxima hack squat
ProMaxima unilateral shoulder press (plate load)
Precor C-764 stepper
Steps 2 4-inch, 1 6-inch
Bosu
5 physioballs
Bodyblade
1 12-lb. weights/rack
Functional grid
Foam rollers
6 JC bands
balance boards/Airex cushion
massage table
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Sheriffs Office of Cumberland County
R Thomas Kline ?'%A%Ovv at cumber, Edward L Schorpp
Sheri Solicitor
Ronny R Anderson - Jody S Smith
Chief Deputy OFr,aE OF the SHERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
03/31/2009 08:40 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 31,
2009 at 2040 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Stacy R. Garonzik, by making known unto Eric Garonzik, husband of defendant, at 3404
Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same tin
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $53.62
April 02, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Deputy 81a if
Docket No. 2009-1744
Dean M. Smuro v Stacy R. Garonzik
RLE}rICE
OF T` PRO11JONOTARY
2009 APR -6 PM 3: 38
PENNSYLVANIA
I
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. SMURO,
Civil Action
Plaintiff,
V.
No. 2009-1744
STACY R. GARONZIK,
Defendant.
PRAECIPE FOR ENTRY OF JUDGMENT UPON
DEFAULT OF DEFENDANT, STACY R. GARONZIK
TO THE PROTHONOTARY:
Pursuant to Pa. R.C.P. 1037(b), plaintiff Dean M. Smuro, by his attorney, Elliott B.
Sulcove, Esquire, directs the entry of judgment upon default in favor of plaintiff and against
defendant Stacy R. Garonzik for failure to file a response to the Complaint, which contained a
Notice to Defend, within the required time.
An assessment of damages hearing is required pursuant to Pa. R.C.P. 1037(b)(1).
I certify that written Notice to defendant, Stacy R. Garonzik, required by Pa. R.C.P.
273.1 was dated April 21, 2009 and was mailed on April 21, 2009. Copies of said Notice are
attached.
Respectfully submitted,
BLACK AND DAVISON
Date: May 4, 2009 BY: ??r'---
Elliott B. Sulcove
Attorney I.D. No. 84593
82 West Queen Street
Chambersburg, PA 17201
(717) 264-5194
Attorney for Plaintiff
BLACK AND DAVISON
ATTORNEYS AT LAW
82 WEST QUEEN STREET • P. O. BOX 513
CHAMBERSBURG, PA 17201-0513
(717) 264-5194 • FAX (717) 264-7640
April 21, 2009
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR MAIL
Stacy R. Garonzik
3404 Lisburn Road
Mechanicsburg, PA 17055
RE: Smuro v. Garonzik, Cumberland C.C.P. No. 2009-1744
Dear Ms. Garonzik:
ROBERT C. SCHOLLAERT
JAN G. SULCOVE
ELLIOTT B. SULCOVE
ADMITTED IN PA AND NJ
JERROLD A. SULCOVE
Enclosed please find an original Important Notice pursuant to Pa. R. Civ. P. 237.1 in the
above-referenced matter.
Thank you very much for your attention to this matter.
Sincerely,
BLACK AND DAVISON
By
Elliott B. Sulcove
EBS:Imf
Enclosure
1
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. SMURO,
Civil Action
Plaintiff,
No. 2009-1744
V.
STACY R. GARONZIK,
Defendant.
TO: Stacy R. Garonzik
DATE OF NOTICE: April 21, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. 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 YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
I
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 REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
Telephone Number (717) 249-3166
BLACK AND DAVISON
BY: ?? --?
Elliott B. Sulcove
Attorney I.D. No. 84593
82 West Queen Street
Chambersburg, PA 17201
(717) 264-5194
Attorney for Plaintiff
2
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. SMURO,
Civil Action
Plaintiff,
No. 2009-1744
V.
STACY R. GARONZIK,
Defendant.
CERTIFICATE OF SERVICE
I, Elliott B. Sulcove, hereby certify that I served a copy of the foregoing Important Notice
on &ril 21, 2009, via certified mail, return receipt requested and regular mail, postage prepaid,
upon the following interested parties:
Stacy R. Garonzik
3404 Lisburn Road
Mechanicsburg, PA 17055
BLACK AND DAVISON
=-
BY:
Elliott B. Sulcove
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CERTIFICATE OF SERVICE
I, Elliott B. Sulcove, hereby certify that I served a copy of the foregoing Praecipe for
Entry of Judgment Upon Default of Defendant on May 4.2009 via certified mail, return
receipt requested and regular mail, postage prepaid, upon the following interested parties:
Stacy R. Garonzik
3404 Lisburn-Road
Mechanicsburg, PA 17055
BLACK AND DAVISON
Elliott B. Sulcove
FILED-'
O TI E P; "i ? ?.w
2009 MAY -4 A,-'I I I: 5 4
$I4.oo Ab ATN
PX* "1(013
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. SMURO,
Plaintiff,
V.
STACY R. GARONZIK,
Defendant.
Civil Action
No. 2009-1744
NOTICE OF ENTRY OF JUDGMENT
TO: STACY R. GARONZIK
You are ordered notified that on Ma", 4, aoo , a judgment has been entered against
you in the above-captioned case.
DATE: s e
'Piothonotary ckc8
I hereby certify that the name and address of the proper person to receive notice is:
Stacy R. Garonzik
3404 Lisburn Road
Mechanicsburg, PA 17055
Elliott B. Sulcove
Attorney I.D. No. 84593
82 West Queen Street
Chambersburg, PA 17201
(717) 264-5194
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. SMURO,
Civil Action
Plaintiff,
No. 2009-1744
V.
STACY R. GARONZIK,
Defendant.
PRAECIPE TOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Kindly enter a writ of possession in the above matter.
Respectfully submitted,
BLACK' AND DAVISON
Date: May 29, 2009
BY: t-`
Elliott B. Sulcove
Attorney I.D.-No. 84593
82 West Queen Street
Chambersburg, PA 17201
(717) 264-5194
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
DEAN M. SMURO,
Plaintiff,
V.
STACY R. GARONZIK,
Defendant.
Civil Action
No. 2009-1744
WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
To the Sheriff of Cumberland County:
1. To satisfy the judgment for possession in the above matter you are directed to
deliver possession of the following described property to plaintiff, Dean M. Smuro, 865 Lincoln
Way West, Chambersburg, Pennsylvania:
(a) Precor C-846 upright bike;
(b) Precor C-846 recumbent bike;
(c) Precor C-546 elliptical cross trainer;
(d) Precor C-962 treadmill 120V;
(e) Precor C-964 treadmill 220V;
(f) Two (2) double-tier dumbbell racks;
(g) York urethane-coated dumbbells, 5-25 lbs., with tapered handles;
(h) York urethane-coated dumbbells, 30-100 lbs. with thick 33mm handles;
(i) Hoist pull-up/dip combo;
0) Hoist leg extension/leg curl combo;
(k) Hoist leg press;
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(1) Hoist lat pulldown/row combo;
(m) Hoist bicep/tricep combo;
(n) Hoist seated calf raise;
(o) Hoist 2-adjustable incline utility benches;
(p) Cybex adjustable cable cross-over;
(q) Cybex power cage;
(r) Cybex leg raise;
(s) Hammer low back extension;
(t) Hammer incline chest press/high row combo;
(u) Various bars, plates and attachments;
(v) Hoist counterbalanced smith machine;
(w) Three (3) 27-inch televisions;
(x) Twenty-five (25) 4' x 6' mirrors;
(y) Water cooler;
(z) Fax machine;
(aa) Two (2) clocks;
(bb) Agility ladder;
(cc) Blue fitness rings;
(dd) Blue physioball;
(ee) Binder machine;
(ff) Microwave;
(gg) Color laser printer;
(hh) Office desk and chair;
(ii) ProMaxima T-bar row;
0j) ProMaxima preacher curl/overhead tricep (selectorized);
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(kk) ProMaxima hack squat;
(11) ProMaxima unilateral shoulder press (plate load);
(mm) Precor C-764 stepper;
(nn) Steps, two (2) 4-inch, one (1) 6-inch;
(oo) Bosu;
(pp) Five (5) physioballs;
(qq) Bodyblade;
(rr) One (1) 12-1b. weights/rack;
(ss) Functional grid;
(tt) Foam rollers;
(uu) Six (6) JC bands;
(vv) Balance boards/Airex cushion;
(ww) Massage table.
2. To satisfy the costs against defendant, Stacy R. Garonzik, 3608 Hartzdale Drive,
Camp Hill, PA 17011, you are directed to levy upon any property of defendant, Stacy R.
Garonzik and sell her interest therein.
Casts
$1170.1a PB ATTY
.4 d •oo DUE Co
Date: 1,11/09
rothonotary
(SEAL)
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