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Home My WebLink About01-1446~COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dfst. NO: 09-1-02 DJ Name Hon ROBERT V. MANLOVE ^~d,ess: 1901 STATE STREET CAMP HILL, PA Te~.¢o,;: (717)' 761-0583 17011- 0000 RITE AID CORPO/~ATION 30 HUNTE~ LN CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~RITE AID CORPORATION 30 HUNTER LN CAMP HILL, PA 17011 L VS. DEFENDANT: NAME and ADDRESS FPOMA, IAN K 4561 SEQUOIA DR APT.# 284 HArRISBUrG, PA 17109 L Docket No.: CV-0000417-00 Date F ed: 11/17/00 THIS IS TO NOTIFY YOU THAT: Judgment: -- Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ DEFAULT duuGl~n~T PLTF POMA, IAN K on: (Oateofgudgment) 1/3D/O1 Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. F--I Amount of Judgment Subject to II Attachment/Act 5 of 1996 $ [~ Levy is stayed for days or ~-~ generally stayed. ---)Objection to levy has been filed and hearing will be held: Date: Place: (Date & Time) Amount of Judgment $ 2,166.63 Judgment Costs $ 96.50 interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,263.13 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PRoTHoNOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF T~~/~UD~'/~T F/(~M WITH YOUR NOTICE OF APPEAL. ~/'~O'"f.)t Date ~/.~1 ~ ~"/'/~//~,~ ~-~ ,Distri~tJustice I certify that this is a true a_~~. ~P~t~[?~Pr°¢ings c°ntaining the judgmerit' /-~--O, Date ~'~~ '~/~//¢~J ¢,¢~ , District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 RITE AID CORPORATION, Plaintiff IAN K. POMA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ENTRY OF APPEARANCE Please enter the Appearance of E. Ralph Godfrey, Esquire, as counsel for Plaintiff in the above captioned action. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: March 8, 2001 By E. Ralph 3211 North Front Streef''-------~' Harrisburg, PA 17110 (717) 238-8187 I.D. No. 77052 Attorneys for Plaintiff Document#.199875. l RITE AID CORPORATION, Plaintiff VS. IAN K. POMA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, E. Ralph Godfrey, Esquire, being duly sworn according to law, depose and say that I ,un the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, Ian K. Poma, above named, is over 21 years of age; is last known to reside at 4561 Sequoia Drive, Apt. #284, Harrisburg, Pennsylvania, 17109, is not in the military service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Sworn and subscribed to before me this $ ~ day of fi-J,,,,e~ ,2001. Notary Public NOTARIAL SEAL CAROL A. LYTER, NOTARY PUBLIC Harrisburg, Dauphin County My Commissiofl Expires Dec. 28 2004 Document #: 199876~ I OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY Curt Long Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6195 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff: RITE AID CORPORATION versus Defendants: Ian K. Poma Judgment No. CERTIFICATE OF RESIDENCE PA. R. C. P. 236 I, hereby certify that the precise residence of Plaintiff is: Rite Aid Corporation 30 Hunter Lane Camp Hill, PA 17011 and certify that the last known address of the within defendant is: Ian K. Poma 4561 Sequoia Drive, Apt. #284 Harrisburg, PA 17109 E. Ralph Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, PA 17110 (717)238-8187 Attorneys for the Plaintiff Attorney ID# 77052 Document #: 19987Z I RITE AID CORPORATION, : Plaintiff : IAN K. POMA, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1446 MOTION TO COMPEL AND NOW, this ff'~day of July, 2001, comes the Plaintiff, Rite Aid Corporation, through its attorney, E. Ralph Godfrey, Esquire, and files this Motion To Compel, and in support thereof avers the following: 1. Plaintiff, Rite Aid Corporation, is a corporation doing business within the Commonwealth of Pennsylvania with a principal place of business situated at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Ian K. Poma, is an adult individual with a last known address of 4561 Sequoia Drive, Apt. #284, Harrisburg, Dauphin County, Pennsylvania, 17109. 3. On or about March 13, 2001, a Judgment was entered in favor of Plaintiff and against Defendant in the Common Pleas Court of Cumberland County, Pennsylvania, with respect to the above captioned matter. 4. Thereafter, on or about March 30, 2001, Defendant was properly served with a Notice of Deposition and a Subpoena requiring Defendant to appear for an oral deposition on April 20, 2001, and bring along the requested documents. A true and correct copy of the Notice Document #210091 of Deposition and the Subpoena is attached hereto, incorporated herein and collectively marked as Exhibit "A'. The return receipt card attached to the certified letter is attached hereto as Exhibit The letter that was mailed to the Defendant via regular mail was not returned to our office within fifteen (15) days from the date of mailing and it is presumed that Defendant received this letter and accompanying Subpoena. 7. Despite receiving notice of the time and place of the deposition pursuant to Rule 4007.1 of the Pennsylvania Rules of Civil Procedure, Defendant failed to appear for said deposition. 8. To date, Defendant has not responded to Plaintiff's request for the designated materials or appear for the oral deposition. WHEREFORE, Plaintiff respectfully request this Honorable Court to issue an Order: a. compelling Defendant to appear for oral deposition and bring the requested documents; b. holding Defendant in contempt and requiring Defendant to pay Plaintiff the reasonable expenses incurred in connection with preparing and presenting this Motion in the amount of $150.00; c. the amount set forth in paragraph "b" shall be added to the judgment amount owed by the Defendant; and Document #210091 -2- Dated: granting any other relief with regard to Defendant's failure to make discovery as is just and proper. Respectfully Submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By E. Ralpll/Godfrey, ~,E~quire Attorney I.D. No. 7W P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Plaintiff Document/4210091 -3- Exhibit A March 30, 2001 CERTIFIED MAIL # 7099 3400 0016 0533 0714 RETI3RN RECEIPT REOUESTED and U.S. MAIL Ian K. Poma 4561 Sequoia Drive, Apt. #284 Harrisburg, PA 17109 3211 North Front Street P.O Box 5300 Harrisburg, PA 17110-0300 717-238 8~87 }:ax: 717-234-9478 ~k~er Offices Colonial Park 717~52-7020 Mechanicsburg 717-691-5577 Shippensburg 717-5,30-7515 Rez Rite Aid Corporation v. Ian K. Poma No. 01-1446, Cumberland County Dear Ms. Poma: Enclosed herein please find a Subpoena that has been issued in regards to the above referenced matter. As you can see, you are hereby required to appear at the law office of Metzger Wickersham located at 3211 North Front Street, Harrisburg, Pennsylvania, 17110, on Friday, April 20, 2001, at 10:00 a.m. Please be advised that your attendance is required pursuant to an Order of Court. Your failure to appear on the aforesaid date and time will result in the filing of a Motion to Compel with the Court of Common Pleas whereby I will request that you are held responsible for any costs and/or expenses that are incurred as a result of your failure to appear at my office. After you have had an opportunity to review this letter and enclosure, please contact my office with any questions or concerns. Your anticipated cooperation is appreciated. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. E. Ralph Godfrey ERG:cl Enclosure Document #: 202070. I James E Carl Edward E. Knauss, IV* Jered L. Hock Karl R. Hildabrand* Steven I~ Miner Clark DeVere E. Ralph Godfrey Steven C. Cour they Heather L. Harbaugh Francis J. Laffer ty, IV David H. Martineau Andrew W. Norfleet Steven C. Skoff Melissa L. Stickel · B~ard Certified bi civil trial law and advocacy by the National Board of Trial Adr~cacu SUBPOENA TO ATTEND AND TESTIFY . 1N THE COURT OF COMMON PLEAS OF DAUI~IIIN COUNTY, PENNSYLVANIA RITE AID CORPORATION No. I 01-1446 IAN K. POMA VS. Civil Action in Law To: IAN K. POMA 4561 Sequoia Drive, Apt.//284, Harrisburg, PA, 17109 YOU ARE ORDERED BY THE COURT to come to the law office of METZGER, WICKERSHAM, KNAUSS & ERB P.C. 3211 N. Front Street, Harrisburg [ Pennsylvania, on I Friday, April 20, 2001 at I 0:00 A.M, I o'clock to testify on behalf of yourself in the above case, and to remain until excused. *2. And bring with you the following: { Any and all documents pertaining to your present financial situation, including recent pay stubs, your checking and savings account balances, a list of your assets and a list of your creditors, and your tax returns from the past two (2) years, etc. If you fail to attend, or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including, but not limited to, costs, attorneys fees and. imprisonment. Requested by: E. Ralph Godfrey, Esquire (I.D. #77052), METZGER WICKERSHAM 3211 N. Front Street, Harrisburg, PA 17110 (717) 238-8187 Date: [ ~/L~ ,~s01,~£3,0] By: [ (/~/4.~'--~ 3~.~ ~, Prothonotary 9/'~'~ OFFICIAL NOTE: This form of subpoena shall be ~P°e~a~, under RJu~. 1, including hearing in connection with depositions and before arbitrators, masters, commissioners, etc. * To require the production of documents or things in addition to testimony, complete paragraph Document #: 201661. l Exhibit B · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits Ian K. Poma 4561 Sequoia Drive, Apt. ~284 Harrisburg, PA 17109 A. Received b [~] Agent ~ X [] Addressee D, Isde~/~/addressdlffemnt f~omitem 17 I-lyes If YES, enter dehvery address o~ow: [] NO 3. Service Type 1['1 Cer[ified Mail [] Registered [] Insured Mail [] C.O.D. r~ 4 Restricted Deliver~ (Extra Fee) ~.~r[icle N u ml3~3~Co~3 nf ~'en~rc~/abe/) 3,1 00j .?~.8J=orm 081~l~J~/~y ~f~ c~/ Dorn~st~ Return Receipt ri ~p~ Mail [] Return Re~lpt for Memhandi~ [] Yes 102595-00-M-~952 VERIFICATION I, E. Ralph Godfrey, Esquire, verify that the statements made in the foregoing Motion to Compel are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsification to authorities. Date: E. Ralph Document #210091 RITE AID CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IAN K. POMA, Defendant NO. 01-1446 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of July, 2001, upon consideration of Plaintiff's Motion To Compel, 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, E. Ralph Godfrey, Esq. P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff Ian K. Poma 4561 Sequoia Drive Apt. #284 Harrisburg, PA 17109 Defendant, Pro Se :rc RITE AID CORPORATION, Plaintiff 1AN K. POMA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1446 ORDER AND NOW, this day of ,2001, upon consideration of Plaintiff's Motion to Compel, it is hereby ORDERED and DECREED that: Defendant is to appear for an oral deposition and bring all of the requested docunaents; The oral deposition of Defendant shall be conducted on the __ day of ,2001, at a.m./p.m., at the law office of Metzger, Wickersham, Knauss & Erb, P.C., 3211 North Front Street, P.O. Box 5300, Harrisburg, Pennsylvania, 17110; Defendant be held in contempt and require to so pay Plaintiff the reasonable expenses of preparing and presenting this Petition in the amount of $150.00; The amount set forth in paragraph "3" shall be added to the judgment amount owed by the Defendant; and 5. Such other relief as the Court may deem necessary. BY THE COURT: Document#218614 RITE AID CORPORATION, : Plaintiff : v. : NO. 01-1446 Defendant : 1AN K. POMA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETITION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW, comes Plaintiff, Rite Aid Corporation, by and through its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and files the within Petition stating the following: 1. On July 3,2001, Plaintiff filed a Motion to Compel against Defendant. 2. Pursuant to the above Motion, the Honorable J. Wesley Oler, Jr., issued a Rule to Show Cause on July 12, 2001. (A tree and correct copy of the Rule to Show Cause is attached hereto and incorporated herein as Exhibit "A"). 3. On July 25, 2001, Plaintiff served a copy of the Rule to Show Cause on Defendant. (A true and correct copy of the correspondence is attached hereto and incorporated herein as Exhibit "B"). 4. As of the date of this Petition, the letter enclosing the Rule to Show Cause has not been returned to Plaintiff's counsel's office and, therefore, is deemed to be served. 5. As of the date of this Petition, Defendant has not filed any response to the aforesaid Rule to Show Cause. Document#218614 WHEREFORE, Plaintiff, Rite Aid Corporation, respectfully requests this Honorable Court to make its Rule absolute and enter the attached Order. Respectfully Submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Attorney I.D. No. 77052 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #218614 -2- Exhibit A RITE AID CORPORATION, Plaintiff V. IAN K. POMA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1446 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of July, 2001, upon consideration of Plaintiff's Motion To Compel, 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. .~O.aBIPoh Godfrey, Esq. x 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff Ian K. Poma 4561 Sequoia Drive Apt. #284 Harrisburg, PA 17109 Defendant, Pro Se ;rc BY THE COURT, esley Oler, ~ J. ~-- ]'RUE COPY FROM RECORD In Te~tlrnony whereof, I here unto se~ my han~ rhl~ ~,'~- day ~ , ~ Exhibit B July 25,200! Ian K. Poma 655 Patriot Drive Lancaster, PA 17601-5838 Re: Rite Aid Corporation v. Ian K. Poma Delinquent Account Dear Ms. Poma: Enclosed please find Judge Oler's Rule to Show Cause issued on July 12, 2001. enclosed a copy of Rite Aid's Motion to Compel. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Colonial Park 717-652-7020 Mechanicsburg 717-691-5577 Shippensburg 717-530-7515 I have also E. Ralph Godfrey ERG:cl Enclosures Document lt: 211845.1 James E Carl Edward E. Knauss, IV* Jered L. Hock Karl R. Hildabrand* Steven E Miner Clark DeVere E. Ralph Godfrey Steven C. Courtney Francis J. Lafferty, IV David H. Martineau Andrew W. Norfleet Steven C. Skoff Megssa L. Stickel * Board Certified in civil t~qal law and advocacy by the National Board CERTIFICATE OF SERVICE I, E. Ralph Godfrey, Esquire, do hereby certify that I served on the f~ ]'~'day of I~ ~ ,2001, a copy of the Petition to Make Rule to Show Cause Absolute in the above captioned matter first class mail, postage prepaid, upon the following individual: lan K, Poma 4561 Sequoia Drive, Apt. #284 Harrisburg, PA 17109 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Document #218614 RITE AID CORPORATION, Plaintiff IAN K. POMA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1446 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of October, 2001, upon consideration of Plaintiff's Petition To Make Rule to Show Cause Absolute, it is ordered as follows: 1. Defendant shall appear for an oral deposition and bring all of the requested documents; 2. The oral deposition of Defendant shall be conducted on Monday, November 19, 2001, at 9:30 a.m., in the law office of Metzger, Wickersham, Knauss & Erb, P.C., 3211 North Front Street, P.O. Box 5300, Harrisburg, Pennsylvania, 17110; 3. Defendant shall pay the reasonable expenses involved in preparation and presentation of the underlying motion and petition in the amount of $150.00, which shall be added to Plaintiff's judgment. BY THE COURT, E. Ralph Godfrey, Esq. P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff J.~wesley Oler, ~ J. b/ Ian K. Poma 4561 Sequoia Drive Apt. #284 Harrisburg, PA 17109 Defendant, Pro Se :rc ViN',;'A'I,~SNNqd