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Home My WebLink About04-3253 Heather L. Paterno, Esquire Attorney I. D. No. 87506 GOLDBERG KATZMAN, P.c. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 ALEX R. SZELES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. PETER GEKAS AND VICTORIA GEKAS, NO. ()t.f~ 3JJ3 r!u4L Defendants PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff, ALEX R. SZELES, INC., against the Defendants, PETER GEKAS AND VICTORIA ("VICKI") GEKAS, for failure to appeal a decision by the District Justice which was rendered on February 14, 2003, in above-captioned matter. Please enter Judgment in the amount of $6,080.30, together with attorney's fees in the amount of $350.00, interest at the legal rate from February 14, 2003 on the unpaid balance which will continue to accrue through the date of collection ofthe amount owed, along with costs of suit. Attached hereto is a true and correct copy of the Judgment for filing. GOLDBERG KATZMAN, P.c. By: COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN c, . NOTICE OF JUDGMENTITRANSCRIPl PLAINTIFF!JUDGMEfH~JJ,.o9ASE r; NAMIi..i!nd ADDRESS ALEX R SZELES, INC. JOSEPH LAPANO 5110 LANCASTER L!.fARRISBURG, PA ST 17111 VS. DEFENDANT/JUDGMENT CIiA~IWfuDRESS 'PETER & VICTORIA GEKAS 202 CONODOGUINET AV CAMP HILL, PA 17011 L I Mag. Dis!. No. 12-2-01 < DJ Name: Hon. , BOB YANICH Add",,, 1281 S. 28th Street Harrisburg, PA T'''phOO", (717) 558-1160 17111- 0000 ALEX R SZELES, INC. JOSEPH LAPANO 5110 LANCASTER ST HARRISBURG, PA 17111 Docket No.: CV-0000036-03 Date Filed: 1/21/03 -.J . . 1;.~ THIS IS TO NOTIFY YOU THAT: Judgment: DEFAill.T JUDGMRNT PLTF [i] [i] Judgment was entered for: (Name) AT.RX R fl7,RT,RS, T1IT~_ Judgment was entered against: (Name) PETRR & VICTORTA GR~AS in the amount of $ ';, ORO _ 10 on: (Date of Judgment) 2/14/01 o o o Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 5,939.82 $ 140.48 $ .00 $ .00 $ 6,080.30 This case dismissed without prejudice. o Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Post Judgment Credits Post Judgment Costs $ $ ------------ ------------ I Certified Judgment Total $ 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 THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PL!,AS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTI,Q~I~ITHE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. . . ,"ll,-'! 2/14/03 Date 4# , District Justice I certify that this is a true and correct co y of the record of the proceediri(js c aining the judgment. 3/18/03 Date , District Justice My commission expires first Monday at January, 2006 SEAL Aope 315-03 OFFICE OF PROTHONOTARY Stephen E. Farina Prothonotary Front & Market Streets Harrisburg, FA 17101 (717) 255.2697 ~ OIount\! of Jflauv4in CERTIFICATION OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT DAUPHIN COUNTY, PENNSYLVANIA A\e.:l\. 9-. ~<c.e..\ec:.. ~:<"Ic.. : DISTRICT JUSTICE DOCKET NUMBER c.:v -OCCOO?>u - o~ PLAINTIFF v. .Q.~( Q.",u \)\c....-'lo'C"\ c... (;c.l,<.o.& DEFENDANT As of the date certified below, the following action has been taken on the above- referenced appeal: ( ) There has been no appeal taken to the Court of Common Pleas ('7'-) The following party has taken an appeal to the Court of Common Pleas: --Q-\e.( Q.'ld \J\c..-'I"'.....O' G:.~.\-\o..c,.. Do..~;<"\ Go-:,<T\~ .Ooc..t.<;e" ~ .;l.o("\~ lV' \);;\~ Ol;j,. Set. c...~r-~c\ . \)lRliWru C!-. l fJaWw) (\..""'" ~a, dOC>~ .I ~. -. Da<1e Stephen E. Farina, Prothonotary r{\ ~"'-''- ..Q......ru. ~"c..U:l"\ '--~~eputy Proth. -75 Date: 6/30/2004 Tim~ 02:3~-PM Page 1 of 2 Filed: Subtype: Comment: Status History Closed Judge History Date 3/12/2003 Dauphin County Complete Case History 2003-CV-1175-DJ Szeles Alex R Inc. etal. vs. Peter Gekas. etal. 3/12/2003 District Justice Appeals Judge No Judge, Physical File: Y Appealed: N 3/31/2003 Reason for Removal Current Payments Gekas, Peter (defendant) Receipt Date 30665 3/12/2003 Type Civil Filing Plaintiff Name: Address: Szeles Alex R Inc 5110 Lancaster Street Harrisburg Home: (717) 561-0230 Phone: Employer: Party Type: Comment: Attorneys Vaughn, George A III Plaintiff Name: Lapano, Joseph Address: Phone: Employer: Party Type: Comment: Defendant Name: Address: Phone: Employer: Party Type: Comment: Attorneys PRO SE, Home: Gekas, Peter Home: Total PA 17111 Work: SSN: DOB: Sex: Send notices: Y (Primary attorney) Send Notices SSN: DOB: Sex: Work: Send notices: Y SSN: DOB: Sex: Work: Send notices: Y (Primary attorney) Send Notices User: SKOVACH Amount 105.00 105.00 Date: 6/30/2004 Time: 02:36.PM Page 2 of 2 Dauphin County Complete Case History 2003-CV-1175-DJ Szeles Alex R Inc, etal. vs. Peter Gekas, etal. Defendant Name: Address: Gekas, Victoria SSN: DaB: Sex: Phone: Employer: Party Type: Comment: Work: Home: Send notices: Y Attorneys PRO SE. (Primary attorney) Send Notices Register of Actions 3/12/2003 New Civil Case Filed This Date. Filing: Appeal - District Justice Paid by: Gekas, Peter (defendant) Receipt number: 0030665 Dated: 3/12/2003 Amount: $105.00 (Money order) Rule is issued upon Plaintiff to file a Complaint within 20 days of service or suffer entry of Judgment of Non Pros. 3/25/2003 Proof of service of notice of appeal and rule to file complaint, filed 3/31/2003 George A. Vaughn, Ill, Esq. enters appearance on behalf of plaintiff, and accordance with Pa. R.c.P.D.J. No. 1006, the appeal is Stricken for failure to comply with the requirements of Pa. R.C.P.D.J. No. 1005B, see praecipe filed Plaintiff: Szeles Alex R Inc Attorney of Record: George A Vaughn III 4/4/2003 Certificate of service of praecipe, was J U N 3 0 20~ed upon defendants, filed I hereby certify that the foregoing is a ~~ and correct c~y of ~e o~ginat filed. , !~. ~.., U '.-\:-~"'"""t.. Prothonotary/Clerk of Courts No Judge, No Judge, No Judge, No Judge, No Judge. No Judge, No Judge, User: SKOVACH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA ALEX R. SZELES, INC., Plaintiff : Docket No. v. Amount: $ 6,080.30 PETER GEKAS and VICTORIA GEKAS, 202 Conodoguinet Avenue Camp Hill, PA 17011 Defendants NOTICE TO: PETER AND VICKI GEKAS, Defendants 202 Conodoguinet Avenue Camp Hill, PA 17011 " j~ Please be advised that on this (p..fL, day Of. .\ ~ Judgment was entered against you in the amount of$6,0 . O. ,2004, ,*u~ ~ olonf DA'JE U ,~ ~~ Prothonotary Rct () <j-' I hereby certify that the name and address of the proper persons to receive this notice is: PETER AND VICKI GEKAS 202 Conodoguinet A ven Camp Hill, PA 1701 DATE: NOTICIA Por este medio se Ie esta notificando que el de del 2004, eVla siguente (orden), (Decreto), (pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario ~ ' 1\ \'.i c:. \' L ----.. '"""'- / ',~ -... ,-_s< I 'j-J. (X) -s. ~ C> ~, \'i", , 'I ~ VI ~ V >- \ ~r!- ~t .-\: ~ -::> ,~ ( ~ c;:;=' r --..J 0., G. ~. '-. \'. ---. - 0 r-.> c;;;. 1-) r;;.. c,;:) ':';1 .r- t= ~ ...yi r'-- 1"-',1 f-"~ I -c iTl . . ::(, ~_:J cq "--j L ":-::\ '~~) ",- -" -on ::; :~.) ; :'1 C"'-' :2 !') -.l \:-- "- ) ."- -J ;-- .~ r--- J -"--, \u+: , "", 'tc [' ---- u..... C' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 0'-'-' Docket No. (- '))..') 3 Amount: $ 6,080.30 Interest: Costs: ~~ ALEX R. SZELES, INC., Plaintiff PETER GEKAS and VICTORIA GEKAS, Defendants : (To Be Completed by Prothonotary) : Plaintiff : Attorney Sheriff : This Writ PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF SAID COURT: d.((cctd- .f6 -.f{L. 'S (&t'J U (:( ~~y~_{k Please issue a writ of execution in the above-captioned case against the Defendants, for ,.. debt, interest, costs, and attorney's fees upon the following described property of the Defendant: All personal property located at Defendants' residence located at 202 Conodoguinet Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. eather . aterno, Esquire ttorney I.D. #87506 Goldberg Katzman, P.C. 320 Market Street., Strawberry Square Harrisburg, PAl 71 08-1268 Attorney for Plaintiff (717) 234-4161 \ \- (-....... , " c~- V 0) - ~'-) ~-. '-..N ~. N 'cJ' ('c'~' ~(- C!' \ --...-. ~~ ''---'~' f->~ '2' ~ \ ;:;::.,1,:: --..," () f"-' r--> = c.., .- <- ,- r= I Cf" f.. ! :.::1 -< -~ (..) '" \of..) ( c/\ - () -n --, :L -r~ il1-r-:: -nlTl -'-:'l~ ~)y ..,U 2~')~ ~." " . --rr, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALEX R. SZELES, INC. Plaintiff(s) From PETER AND VICTORIA GEKAS, 202 CONODOGUlNET A VENUE, CAMP HILL PA NO 0413253 Civil CIVIL ACTION - LAW 17011. (1) You are directed to levy upon the property of the defendant (.)and to sell ALL PEROSNAL PROPERTY LOCATED AT ABOVE ADDRESS.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNlSHEE(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 ofthe defendant (s) or otherwise disposing thereof; (3) lfproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,080.30 Interest L.L. $.50 Atty's Conun Arty Paid $36.75 Plaintiff Paid % Due Prothy $1.00 Other Costs Date: JULY 6, 2004 CURTIS R. LONG (Seal) Proth.)tary ..A r. L~. By. ~ jd 'r .' . Deputy REQUESTING PARTY: Name HEATHER L. PATERNO, ESQUIRE Address: 320 MARKET ST., STRAWBERRY SQUARE HARRISBURG PA 17108-1268 Attorney for: PLAINTIFF Telephone: (717) 234-4161 Supreme COUlt lD No. 87506 ALEX R. SZELES, Inc., Plaintiff IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04 - 3253 CIVIL PETER GEKAS and VICTORIA GEKAS, Defendants To: The Judges of Said Court: Petition to Stay Execution of Judgment fJ;, AND NOW thit! allY of July, 2004 comes Defendants above named, by and through their attorney, John M. Glace, Esquire, and, pursuant to PaRCP No. 1321(b), respectfully prays that this Honorable Court to stay Execution of Judgment relative to the above docket and, in support thereof, presents the following: 1. Plaintiff was granted Default Judgment by District Justice Robert Yanich when Defendants appeard pro se to defend the underlying Complaint (DJ Docket: CV -0000036-03) without prior timely notification to the District Justice. A true and correct copy of said Default Judgment is attached hereto as Exhibit "A" and made part hereof. 2. Defendants pro se filed a timely appeal at the Dauphin County Prothonotary's Office which was docketed as 2003-CV-1l75-DJ. A true and correct copy of that Appeal is attached hereto as Exhibit "B" and made part hereof. 3. Defendants mailed by certified return receipt mail Plaintiff's Notice of Appeal on March 19, 2003 and filed that proof of service subsequently. 4. Attorney George A. Vaughn, III entered his appearance for the Plaintiff on March 31, 2003 and filed a Praecipe instructing the Dauphin County Prothonotary to strike Defendants' Appeal for failure to comply with P ARCPDJ No. 1005 B. Mr. Vaughn averred that Defendants had filed their Proof of Service on March 25, 2003; which is one (I) business day late of the mandated ten (10) day parameter of said Rule. A true and correct copy of Plaintiff's Praecipe is attached hereto as Exhibit "c" and made part hereof. 5. On April 4, 2003 Mr. Vaughn filed a Proof of Service of his Praecipe. 6. Defendants never received notice from the Dauphin County Prothonotary, Plaintiff, or Plaintiff's counsel that their Appeal had been struck procedurally. 7. On July 6, 2004 Plaintiff's new counsel, Heather L. Paterno, Esquire, filed in Cumberland County Court a Writ of Execution and Attachment and presented the Cumberland County Prothonotary a dauphin County Certification of No Appeal from the District Justice with a case History attached. Said History recites the above scenario and the said Certification with Case History is attached hereto as Exhibit "D" and made part hereto. 8. At no time were Defendants notified of the actual Strike of their Appeal. Plaintiff's Praecipr (Exhibit "C") only is a reqJ1est to strike and not notification that Appeal has been struck for procedural defect. 9. The issuance of the Certification of No Appeal by the Dauphin County Deputy Prothonotary is incorrect, violative of Defendants' procedural and substantive rights to due process, improper at law, and has caused great prejudice to Defendant's. 10. Defendants have never had their day in court. As pro se Defendants, a Default Judgment was entered against them for failure to notifY of their intent to defend. Their appeal is purportedly struck for a one (I) day delay in the filing of Proof of Service of Notice of Appeal (which was timely filed). Plaintiff waited fifteen (15) months prior to filing its Writ if Execution; so any alleged prejudice or injury to the Plaintiff by said one (1) day delay is nonsensical and without merit. 10. Execution of Judgment is both procedural defective and patently inequitable. 11. Plaintiff has continually misidentified Veronica Gekas as "Victoria Gekas" or "Vicki Gekas" , notwithstanding Defendant's clear identification to Plaintiff's agents as to her correct name. Veronica Gekas is the wife of Defendant Peter Gekas and co-owner by the entireties of all Peter Gekas' realty and chattel possessions. Accordingly the Judgment as docketed is flawed and unenforceable 12. Defendants, pursuant to PaRCP No. 3121 (b), seek a stay of Execution of Justice in order to perfect their appeal and pursue substantive review by mandatory arbitration in Dauphin County WHEREFORE Defendants PETER GEKAS and VICTORIA (sic) GEKAS respectfully pray this Honorable Court stay Execution of Judgment and order the return of the matter to dauphin County for disposition of Defendant's Appeal. Respectfully submitted, The Law Office of John M. Glace J lace, Esquire I 2 3 Walnut Street H 'sburg, PA 17101-1612 Te phone: 717-238-5515 Telefax: 717-238-6929 Supreme Ct. ID: 23933 Counsel for the Defendants Exhibit "A" ""-"'''i4-~.~i'{:, ~~". .qp.-':-'l(:';\'"''''''-'' f.'ii-'~-::"'; it. ~ '\ \\" "J., '~~'.\ 'J NOTICE OF JUDGMENTITRANSCRIPT rtINTIFF/JUDGMEmYJJ,.o~A~;Ess ALEX R SZBLBS.~. JOSEPH LAPAJIO 5110 LANCASTER ST @\RRISBURG. PA 17111 VS. DEFENDANT/JUDGMENT C~'WflioREss 'PETER Ii VICTORIA GEnS 202 COHODOGU.UlUS'J.' AV CAlm HILL. PA 17011 -- L \., ", P, < I))6CKatN6.:.J:'Y- 000036-03 , bate Filed: . 1/21/03 ..,.". ", ,-'. _...J ..,."..... --, EALTH OF PENNSYLVANIA .v~_NTY OF: DAu.t"IUJII Mag. Oist. No.: / 12-2-01 OJName: Hon. AddreS$: BOB VANICH 1281 S. 28th Street Harrisburg. PA .J --, T~M,~17) 558-1160 17111-0000 PETER ... VICTORIA GBDS 202 CONODOGUINET AV CAMP HILL. PA 17011 .J . "f l' , TfliSlS'TO NotiFY YOU THAT: Judgment: [il Judgment was entered for: nRFlIom.T ,-nmt::IIRNT PUF/!" (Name) a. T .1lY 'R ~IIJ:."RT ."RA I TN'" [il Judgment was entered against: (Name) pR'I'RR'" VTr"I'ORTIIo r-RlCIIoS in the amount of $ fi nRn 'In on: (Date of Judgment) 7./14/n'l o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) O Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Amount of Judgment $ 5.939.82 Judgment Costs $ 140.48 Interest on Judgment $ .00 Attorney Fees $ .00 Total $' 6.080.30 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o This case dismissed without prejudice, ANY PARTY HAS THE RIGHT'TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY'flUNG A NOTICE OF APPEAL WITH THE PROTHOHOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. .yOU' MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NonCE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PlEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISfACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. . ':'. ',' ' ,. '1, . 2/14/03 Date " ^' "-~'l.; ',J " \" " District JUstice ",' ... I certify that this is a true and correct Date Y of the record of the proceedirig,s.itontaining the judgment; .~ #,. r' ,,\', 'IIt~.,.4 ~., ',\ ' ,Districit.:~stice .;.).... ..~.~'> .. ~ _ .___:__:_.... _......:......,.. fi.......+ l.ll,..nn!:llu nf _I:lInll~rv '2006 . ~':1""'......:--.7-: , - , 'SE.AL Exhibit "B" COMrwONW~L.IH ut" t't:NI....,TL-V/..'u'ln COURT OF COMMON PLEAS FROM I DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT COMMON PLEAS NOt co3 - C V -1/15 - .l>J NOTICE OF APPEAL Notice is given thai the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. ClAIM NO. ? L;L.;{;{)U :~U; ,-6 ~') ,-' t ~1 l- \., .. NAME QF-AAPEUANT \ 1 ~ .-:, ",,- {- f, k ADDRESS OF APPELlANT I' <" 1.y , DATE OF JUDG /' , "1 '/(~ (' &/\11 r If (J l' ,) .,-.-."\ , f .- '/('H ( & , ORHlSA~""!,,,T 'l,""'? b/. 0?,/'<Y , - ~ ,I'- / ' I',/~/ / r' II \ ) This block will be signed ONLY when this notallon is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant wtjS' Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after tiling his NOTICE of APPEAL. LT YEAR ~OIn_""_TorUfIIJUfY CJ - '" = C',::::) ~ PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE c:: (This section of tann 10 be used ONLY when appellant was DEFENDANT (see PA R.CcP .J.P No. 1001 (7) in action be~"tliS1rlct JUStice. IF NOT USED, detach trom copy of notice Of appeal 10 be served upon appellee. fT1 ~. :::: Z.. r L ~O)~ ~' h : j! (d1 ,q...., ;:: s " ..,,1 '-' ;-___' --:"1 ,~"l-' ,# Enter rule upon A- t2 f ' . '. f: ~s, 1h <!. ,appellee(s), to file a cdiiiPtaintiii thiS~I\~'::)' , _ ~""of~(SJ ' '. :;j;;,. . . 1 art (Common Pleas No.')()(),?;-cl/-l t 7 5 )~hin twenty (20) days after,service of,,";f suffer ry of judgmeAlJ1 on pros. ') ,/ / '</~,// r /,-:' "'C(, ',,ii{ ,.' J i~;f' / I PRAECIPE: To Prothonotary RULE: To -).t '.c-, !'I, l () ,)0 d + 'I ---< \ --{.... 1-1 e y~.. ~t?Lp~ U1 (' . " of (oj " " , , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by cert~ied or registered maff. (2) If you do not file a complaint within this lime, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. ' (3) The date of service of this rule if service was by ma~ is the date of the mailing. WMe . Green - YeUow - Pink Gold Date: It?:'!' A'~ Prothonotary Copy. Court File Copy Appel.nt's Copy-V.....'> Appellee Copy '.J oe gd;.Copy '1 // . Year ';002;> ,/0/ }-(V1A'( 0f" '//~.A (., Signature of prdlhotlOta.I)' or Deputy Proth. - 76 Exhibit "C" ALEX R. SZELES, INC., plaintiff V. PETER GEKAS and VICTORIA GEKAS, Defendants PREACIPE TO STEPHEN E. FARINA, PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA 2003-CV-117S-DJ CIVIL ACTION - LAW <--' .-:" t:.:~ (' ..t:;;~ Enter my appearance in this matter as attorney for the Plaintiff, Alex R. Szeles, Inc., and in accordance with Pa.R.C.P.DJ. No. 1006, mark the appeal heretofore filed in this matter by the Defendants "STRICKEN" for failure to comply with the requirements ofPa.R.C.P.DJ. No. t 005B, in that proof of service of the Notice of Appeal and Rule to file a complaint was filed on March 25, 2003, more than ten (10) days after the filing of the Notice of Appeal on March 12, 2003. Dated: March 31, 2003 i:f:1:6n Attorney for Plaintiff Sup. Ct. ID No. 25650 3904 Toodle Road Camp Hill, PA 170Il (717) 975-9102 ALEX R. SZELES, INC., plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA V. 2003-CV-1l7S-DJ PETER GEKAS and VICTORIA GEKAS, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, George A. vaughn, III, do hereby certify that I have on this date served the praecipe filed in this matter on March 31, 2003, upon the Defendants by mailing a true and correct copy thereof, together with a true and correct copy of this Certificate of Service, by first class mail, postage prepaid, to the following: PETER GEKAS 202 CONODQGUINET AVENUE CAMP HILL, PA 17011 VICTORIA GEKAS 202 CONODOGUINET AVENUE CAMP HILL, PA 17011 Dated: J-;/I I Cy I' I , 2003 ) ~j ~vti- 1-1. t A-(k~\ 6...ffi-- . George A. vaughn, III ,) C:\FORMS\MISC\CERTSER,GEK Exhibit "D" PROTHONOTARY Stephen Eo FariDa ~ Ft'ODt & ~ Sttcete Bamoihurg, PA 17101 (717) 2l'JlS.2897 ClImmllJ of lBaupIpn CERTmCATlON OF NO APPEAL FROM DISTRIct .JUSTICE JUDGMENT DAIJPHIN COUNTY. PENNSYLVANIA A\L.... R.. "b~"'\e~ "'t:0l:.. : DISTRICT JUSTICE DOCKET NUMBER CJ - <:>oor"""'?o.l. - 0 ~ PLAINTIFF v. .Q.w.~ Cl..,Q "Ic./lolI-\ a.. G....w.", , DEFENDANT ............................................................................................................ As of Ihe date certified below, the following don has been taken on the above- . J:d'erenced appeal: () ()c.) There has been no appeal taken to the Court of Common Pleas. The following party bas taken au appeal to the Court of Common Pleas: ...Q_~ ~"'" 'V.I<"""'..... C:.e~. .o...~C'\ ~~ ~w~~.~~CJ0~r.<r..~c1~ , ~ ~\.\ 'JAUfTU !.... {. +JI1AiA.o_ . Siephen It Farina, ProtholIotaIy ~ .Mfta ~~.~ ~__. ~.o<.~~ """".-'l!l TIInw. 02:38 PM Page 1 012 Complele Case HIstory 2003-CV-1175-0J ..... Ala R Inc.......... It.- GoIIras, ..... Flied; Subtype; 3/12f2003 DIatric:I Juslic:e Appeela PI\yIicaI File; Y Appealed: N Comment: Status HIsIorr Clo8ed Judge HIstory Oate Judge 3/12/2003 No Judge, payments Gekas. PeIer (defendant) 3tJ1f.2003 Reason 'Of" RemOYllI Current Recelpl Dale Type 30665 3112/2003 Civil Fling Tolal PlaIntiff Name: Address: SuIee Nu. R ItIC 5110 Lancaster Street Harrisburg PA 17111 Home: (717) 561'()230 Work: SSN: 008; Sex: Phone: Employer: PBrtyType: Comment: A1tomeya Vaughn, George A III PIlIlnliff Name: Lapano, Joteph Address: send nollc:es: Y (Primary a1lomey) Send Notices SSN; DOS: Sex: Phone: Emp~; Party Type; Comm.-tt: ~ndant Name; Address; Home: Work: Send notices; y Gekas, Peter SSN: 008: Sex: Phone: Employer; Party TW-: Comment: AItDrn..,. PRO SE, Home: Work: Send nottcee; Y (Primary atlomey) Send NoticelI Amount 105.00 105.00 "".co.___.... Co/.tIlI.1I cne HIslDIY 2OQ3-CV-1175-DJ . SaIIe5""" R lnc,..... _ ...... GeIc8s. ataI. TlI1le: O2:3&PM . Page2of2 Defendant Name: Address, GekBS, VocIaria SSN: 008: Sex: Phone: Etl~ PartY Type: Comment AttorneYS PRO SE. (Pr1maJy aIIomey) R"IJ~ vi MtIou 3112/2003 NewCidCMeFledTtisDlle. FiII1g: AppeeI- DiWlcl JuIlIce P8id br: Gekas.~(d r ...01) Reclelpt runbIr. M34l BB5 C8Ied: 3/1212003 Arncllri: S1115.oo (MOn8Y anIIr) Rule ill issued upon PI8inliIf lID file 8 com.Mll.... 20_ d..w.or ... -*yd .............It or Nan Plaa. 3125/2003 PIoCIf or -wz d nctirle d ~ and rule \0 file oomplalnl. filed 313112003 Gemte A. V..... II. &q. enlIn ~ onbehal orplBird'f. and _d111Cl1 wlIh Pa. R.c.P D.J. No. 1006. !he lJPP8III is SlrICUn rorfailunl lID CXIIlIpIy wilh \he r..-........ d Pa. RC.P D.J. No. 10058, _ pIaeeipe filed PI8InliIf: Sz8Ies Alex R 100 /I4tDffW!IY or R....onl. GeoIge A VIIUIlhn . 41412003 ~d"'orpl8e".- JUN S. 0 2l1Ir' upon Jar."....... fled Home: WOIl<: Send noliaIS: y Send Notices No Judge, No Judge, No Judge, No Judge, No Judge. No Judge, No Judge. 1 IMlnIby certlfy1hlll tile "'raaalng is. '. <1l~~afflt~~flIed. p'.AI~tIClert< af CourtS . VERIFICA nON The Undersigned hereby verifies that the facts averred in the foregoing Petition to Stay Execution of Judgment are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. '1<)1-t1c/ Date VERIFICATION The Undersigned hereby verifies that the facts averred in the foregoing Petition to Stay Execution of Judgment are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. J; --7P-- ay Date ~.i..f $~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that thiirf!iay of July, 2004 I have served a true and correct copy of the foregoing Petition to Stay Execution of Judgment as follows: By Certified Mail, Return Receipt ReQJlested Heather 1. Paterno, Esquire 320 Market Street Strawberry square Harrisburg, P A 171 01 By Personal Delivery Cumberland County Sheriff's Office Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 LAW OFFICES of JOHN M. GLACE ace, Esquire alnut Street Harri A. 17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Defendants ""'l~(u Q;":~.t':; ?ii '~ i"': ~ };Ci '~"'C) :).~S ~ o c- "',,,,", ,...",). = = ..... t_ c= ,- ", 0.:> ~ '-1 :.1:,1 n'F -om 'gO l:j,b x:::n I~J -- Z?rl o ..... '~.. ~ > :x 9? o v;:J ALEX R. SZELES, Inc., Plaintiff IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04 - 3253 CIVIL PETER GEKAS and VICTORIA GEKAS, Defendants To: The Judges of Said Court: Petition to Stay Execution of Judgment tJ:..- AND NOW thit! aay of July, 2004 comes Defendants above named, by and through their attorney, John M. Glace, Esquire, and, pursuant to PaRCP No. 1321(b), respectfully prays that this Honorable Court to stay Execution of Judgment relative to the above docket and, in support thereof, presents the following: l. Plaintiff was granted Default Judgment by District Justice Robert Yanich when Defendants appeard pro se to defend the underlying Complaint (DJ Docket: CV -0000036-03) without prior timely notification to the District Justice. A true and correct copy of said Default Judgment is attached hereto as Exhibit "A" and made part hereof. 2. Defendants pro se filed a timely appeal at the Dauphin County Prothonotary's Office which was docketed as 2003-CV-1175-DJ. A true and correct copy of that Appeal is attached hereto as Exhibit "B" and made part hereof. 3. Defendants mailed by certified return receipt maiil Plaintiff's Notice of Appeal on March 19, 2003 and filed that proof of service subsequently. 4. Attorney George A. Vaughn, 111 entered his appearance for the Plaintiff on March 31, 2003 and filed a Praecipe instructing the Dauphin County Prothonotary to strike Defendants' Appeal for failure to comply with P ARCPDJ No.1 005 B. Mr. Vaughn averred that Defendants had filed their Proof of Service on March 25, 2003; which is one (1) business day late of the mandated ten (10) day parameter of said Rule. A true and correct copy of Plaintiff's Praecipe is attached herl~to as Exhibit "C" and made part hereof. 5. On April 4, 2003 Mr. Vaughn filed a Proof of Service of his Praecipe. 6. Defendants never received notice from the Dauphin County Prothonotary, Plaintiff, or Plaintiff's counsel that their Appeal had been struck procedurally. 7. On July 6, 2004 Plaintiff's new counsel, Heather L. Paterno, Esquire, filed in Cumberland County Court a Writ of Execution and Attachment and presented the Cumberland County Prothonotary a dauphin County Certification of No Appeal from the District Justice with a case History attached. Said HistOlY recites the above scenario and the said Certification with Case History is attached here:to as Exhibit "D" and made part hereto. 8. At no time were Defendants notified of the actual Strike of their Appeal. Plaintiff's Praecipr (Exhibit "C") only is a request to strike and not notification that Appeal has been struck for procedural defect. 9. The issuance of the Certification of No Appeal by the Dauphin County Deputy Prothonotary is incorrect, violative of Defendants' procedUIal and substantive rights to due process, improper at law, and has caused great prejudice to Defendant's. 10. Defendants have never had their day in court. As pro se Defendants, a Default Judgment was entered against them for failure to notifY of their intent to defend. Their appeal is purportedly struck for a one (I) day delay in the filing of Proof of Service of Notice of Appeal (which was timely filed). Plaintiffwait,~d fifteen (15) months prior to filing its Writ if Execution; so any alleged prejudice or injwy to the Plaintiff by said one (I) day delay is nonsensical and without merit. 10. Execution of Judgment is both procedural defective and patently inequitable. II. Plaintiff has continually misidentified Veronica Gekas as "Victoria Gekas" or "Vicki Gekas" , notwithstanding Defendant's clear identification to Plaintiff's agents as to her correct name. Veronica Gekas is the wife of Defendant Peter Gekas and co-owner by the entireties of all Peter Gekas' realty and chattel possessions. Accordingly the Judgment as docketed is flawed and unenforceable 12. Defendants, pursuant to PaRCP No. 3121 (b), seek a stay of Execution of Justice in order to perfect their appeal and pursue substantive review by mandatory arbitration in Dauphin County WHEREFORE Defendants PETER GEKAS and VICTORIA (sic) GEKAS respectfully pray this Honorable Court stay Execution of Judgment and order the return of the matter to dauphin County for disposition of Defendant's Appeal. Respectfully submitted, The Law Office of John M. Glace J lace, Esquire I 2- 3 Walnut Street H 'sburg, PA 17101-1612 Te phone: 717-238-5515 Telefax: 717-238-6929 Supreme Ct. 10: 23933 Counsd for the Defendants Exhibit "A~" , . , :'~~e~#~{:~'\~'/"';':"!':'-"""'<-' f"";"."""- ,n pETER & VIC'l'ORIA GBDS 202 CONODOGUINBT AV CAMP HILL, PA 17011 \'. ~ NOTICE: OF JUDGMENTITRANSCRIPT PLAINTIFF/JUOGME~n(JJro~:ASE ri ~~ADDRESS ALEX R SZELBS, InC. JOSEPH LAPAIIO' 5110 LJUlCASTER ST ~ISJIJURG, PA 17111 VS. DEFENDANT/JUDGMENT CIiIliRI;WJ;.\j.,RESS lpETER ,r, VIC'l'ORIA GEnS 202 COIllO])()GUDIIBT AV CAlm. HILL, PA 17011 -- L "' JIlOCKe1 Ncf,:", ~ - 000036 - 03 Date Filed: 1/21/03 , _J -",,,,"'\ -, EALTH OF PENNSYLVANIA /v_UNTY OF: DAuJI'ILUI' Mag. DistNo.: /" 12-2-01 OJ Name: Hon. BOB YANICH 1281 s. 28th Street Harrisburq, PA .J Address: -, T_"", (717) 558-1160 17111-0000 '!" " \. ) "''< \"\;j\."\\ ',} _7>,. .J _~.'A ~ 11' i! TfIiSISTO NOOFY YOU THAT: Judgment: (il Judgment was entered for: (Name) (il Judgment was entered against: (Name) , n'RFAm.T :nmr.Mll:N'l' PT.'I'P' llT.llY 'R ~7..'RT.Rf:I, Twr PR'I'RR .. VTC!'I'OJlTA a'RlrMI in the amount of $ ,; ORO ':\0 on: (Date of Judgment) '2/14/0':\ o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) O Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Amount of Judgment $ 5.939.82 Judgment Costs $ 140.48 Interest on Judgment $ .00 Attorney Fees $ .00 Total $' 6.080.30 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o This case dismissed without prejudice, ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BYJ:'1UNG A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLIEAS, CIVIL DIVISION. .YOU., MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WIl'H YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COIIMON PlEAS, ALL FUlilTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTlllCT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS. ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATlSFACTlON WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. . .;. '," , :, ," , 21141ro Date >, "0 "'l-\ I"~ 0;',1 ~ ." '.. " District JUstice tt,l d I certify that this is a true and correct Date Y of the record of the proceedirig;>,tontaining the judgmeni: " ... r' ,,\ ' .,J~"I'" , ... . District;;Justice '.'),,". ..:,-~> _ ~ ____:__:__ .........1.."... fi....t lAnnrt':JI\l nf _I~nll::lrv 2006 . .~.................;,.-:,.: >., "'SEAL Exhibit "B" COM~~ONWt:A~IH u.... t"'t::I"'"''I LVI"U'\I'M COURT OF COMMON PLEAS FROM I DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT COMMON PLEAS NOt 00:3 - C V -//15 - ])J NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. LT YEAR /.-, ] MAG. DIST. NO. OR NAME QF D.J. 'l lie::,; i.' L,/V I (t If ( '7 ( k 14.. S /r.J - .::; - 0 I (II /) d G, " 'f If fe-CITY ,I iliJ ,4~/rAT~1:J F;;/(;' lNTHECASEOf'(PUoIHTIFF) ""'1,/1 - 'Ill ,'J of.. ~ /' /~ J ~...,....t.~ j '. 1'1" '. ,.,. ,,', (../ ,) l ,.- j ", ' ...;- i (> _~ .J.;.;J' .-' lIS.' .J" I 1'" t.~' ~i . . ,," _', " _ _') SIGNATURE OF __. OR HIS ATTORN ,~ UCX IOU -:.((-0 .J< .A....././ "". -- .,.. <' ..".,j / <,-c::::;:.-. , ,."~ 1..-t/~;F" -t"'i'--" 'II"" ",e' .- / "'il ,~ '..// .I;(/p'" .. ./'~ If appellant w~'c/aimant (see PA R.C.P.J.P. No. 1001 (6)) 'in action be/ore district Justice, he MUST F/LE A COMPLAtNT within twenty (20) days after n1ing his NOTICE 0/ APPEAL. NAMEOF'Nl'PElLANT \ I ~ -.;, '- (- f /.... ADDRESS OF APPELlANT r ,-, .:;;,1 , II \ J CLAIM NO. This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. lO08B. This notice of Appeal, when received by the District Justice. will operate as A SUPERSEDEAS fa the Judgment for possession in fhis case. o ~ PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE c: (This section of fonn to be used ONLY wiler appeIIanI was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action ~.:oistricl Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. rn.:: - ,J , :;r:i:- ;- PRAECIPE: To Prothonotary \ E, <")" , . 1\ L E. j (., n ..L_ Z,-", Enter rule upon 4L t2..';~ 'f. ~ f:: /reS; Jh <! J appellee(s), to file :~i,ii;i this~ti':> . Nameo/appei/e8(s)' , ::; -;:- '0"C eJ 117S-0! ". -< U1 " J (Common Pleas No. J.{)()~- - )'Wfthin twenty (20) days a~er.$llrvice ()f,~ qr suffer ry of judgmeAlP on pros. " / 'l '/'/: t:j/~;C< :.10: ' (" , i ~ OIrruu...._Yoruepury '" C;:-:::) C-~-:> - RULE: To . ,Y'~..lh lu \J0li 4- P Ie /~. .2otl,Oj, 171 (' '. Df (0) , , . . appellee(s) (1) You are notified that a rule is hereby entered upon you to file a com~~aint in this appeal within IWenty(20) days after the date of service 01 this rule upon you by personal service or by certified or registered maH. (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. ' (3) The date of service of this rule if service was by mail is the date of fhe mailing. WMe ' Green - Yellow, Pink Gold Date: /1(1/1 A'~ Prothonotary CopY. Court File Copy Appelanj's Copy-V....''> Appellee Copy '...Joe ~Copy ., f') . Year ';002;> pLHM/(' ,.f.4.~< '~, , 'Signature of F"FOfhOllotary or Deputy / . '. , -,,~ / Proth. - 76 Exhibit "(:" ALEX R. SZELES, INC., plaintiff V. PETER GEKAS and VICTORIA GEKAS, Defendants PREACIPE TO STEPHEN E. FARINA, PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA 2003-CV-1.1.75-DJ CIVIL ACTION - LAW <--' r__" i~'; - _-J (, .l~-- Enter my appearance in this matter as attorney for the Plaintiff, Alex R. Szeles, Inc., and in accordance with Pa.R.C.P.DJ. No. 1006, mark the appeal heretofore filed in this matter by the Defendants "STRICKEN" for failure to comply with the requirements ofPa.R.C.P.DJ. No. 1005B, in that proof of service of the Notice of Appeal and Rule to file a complaint was filed on March 25,2003, more than ten (10) days after the filing of the Notice of Appeal on March 12, 2003. Dated: March 31, 2003 Aa~ ~ III Attorney for Plaintiff Sup. Ct. II) No. 25650 3904 Trindle Road Camp HiUl, P A 17011 (717) 975..9102 ALEX R. SZELES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA V. 2003-CV-117S-DJ PETER GEKAS and VICTORIA GEKAS, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, George A. Vaughn, III, do hereby certify that I have on this date served the praecipe filed in this matter on March 31, 2003, upon the Defendants by mailing a true and correct copy thereof, together with a true and correct copy of this certificate of Service, by first class mail, postage prepaid, to the following: PETER GEKAS 202 CONODOGUINET AVENUE CAMP HILL, PA 17011 VICTORIA GEKAS 202 CONODOGUINET AVENUE CAMP HILL, PA 17011 Dated: ./.-;/1 I GY I' I , 2003 )')j .sLJC~vt~L /1. (cU,\-~b~L . George ./L Vaughn, III ,) C:\FORMS\M1SC\CERTSER.GEK Exhibit "D" PROTHONOTARY Stephen Eo FariDa I'mt.'-otuy . Fl'ODt' &: Mlotkct Stl'c.ete Harrioo1ourg,l'A 17101 (717) 2116-2697 GIountg of :!Danplyin CERTIFICATION OF NO APPEAL FROM DISTRICT JmSTICE JUDGMENT DAIIPHIN COUNTY. PENNSYLV APUA A\L.... R. ~~\~~ ""I:<'\t.. : DISTRICT JUSTICE DOCKET NUMBER Cl.I -"'O(Y"'"':il.u - o::!, PLAINTIFF v. .Q~.. Q..,a '\II~ Do. ~a.!'. DEFENDANT ..a........................................................................."................................ As of the date oertified below, the following adlon has been taken on the above- . Jeferenced appeal: () (N There has been no appeal taken 10 the Court of COmmon Pleas. 'The foUowing party bas taken au appeal 10 the ODUlt ofGommon Pleas: ..Q~. t\..,... V\~""""'a. G.c:~. o...,,~C'\ ~~ .C\.rk_"" ~'"" CJ .:)"Zr."t -. ~~ " ~ ~uTunu c-. l' fJ~_ . SRpben E. Farina, ~ ~.~ Ci .~.~~..... ~..r- u_ y:&eputy . ....... - '15 Tim&: 02:38 PM Page 1 0'2 Comp/efe Case HIstory 2lJ03.CV-1175-OJ ..... Ala R Inc............... ewa.. eb'" Flee!: Subtype: 3I12f2003 Ol8lrk:t Justice Appeeb Physical File; Y AppeM.d: N Comment status H'3h." CIoIled Judge HlstcHy Oate Judge 3112/2003 No Judge, 3/3112llO3 Reason 'Of' IRemoval Current Payments Gekll.. Peter (defendant) ReceIpI Dale 30665 3/12/2003 Type Civil Fling Total PlaIntiff Name: Address: 8D/ee Alex R lnc 5110 Lancaster SIreeI Harrisluy PA 17111 Home: (717) 561-0230 Work: SSN: DOlI!: Sell" Phone: Employer: Par1y Type; Comment: Atto/'neyII Vaughn, George A III Plaintiff Name: Lllpano. .Io8eph Address; Send notices; Y (Primary altorney) Send 1I1011c:es ss..: DOI~: Sex: Phone: Employer; Party Type; Comm.-tt: DefMldanI Name; Address; Home: Work: 5er1d noIIc:es: Y Gekas, Peter SS/lI: 00l~: Sex: Phone: Employer: Party Type; Comment: Altom..,. PRO SE. Home: Work: Sen~ notices; Y (PrImary attorney) Send NIltic:es Amount 105.00 105.00 ...._G. ___.... Time: 02:36N . Page 2of2 Complete CaN HlsbY 2OQ3-CV-1175-DJ . ~,... R Inc,..... vs. Ner GeIcBs. etaI. o.fendant Name: ~; Gekas, VodIlria Phone: En.plo,ler. Pwty Type: Comment; Home: Work: AIt<<n8yS PRO SE. (Primluy aIIomey) .......... vi Ac.tIoIw 3I12flOO3 ......ClvIc..FledThlsDlle- FIling: AppeeI- o.Id Juellce PlIid by. GekB. Pel8r (dol ArC) RecIeIpl raunber. 003ll DD5 0sIed: 3I1212l103 AmourC: It05.oo (ManeY ard8r) Rule Is issued upon PI8intIIf lID file a com,.""'. wiIt1In 20 dlIys cI MIvice or sutler -*y c1.h4n...tt of Nan PnIa. 312512003 Proal cI service cI notice of eppeeI and rule lID file CIIIIlplalnl. filed 313112003 GeqltA. V..... II. &q. entIIlrS ~ on b8IllIIf of....... 8Ild ~ 1IIIIIh Pa. R.c.PD.J. No. 1006. IIIe .,... is SlriCIl8R fllr....1D CIII1Iply wilhthe nIQIli6ll....of Pa. R.C.PD.J. No. 10058, _~8ed P1a1lllilf: SZIlIeI Alex R Inc /IA111rIYilY of Rt.<;ord. George A. V.,ghn . 4/41'2003 CeI1I\cIIl6 of senrice of pre. .-llle. - JUN a. 0 2tJW' upon Jd~llt.lo.... filed IIMlnIby --'Y1hIlt IIIe f......alng is. .. ~~~~vlps'~~flIad. ;'..cI~:rlClerttafCouIts .. SSN: 008: Sex: Send noIiceS: Y Send Nlilil:es No J\.Jdge. No Judge, NoJt.lc:lgt'. No Judgll, No Judgl,. No Judge, No Judge. VERIFICATION The Undersigned hereby verifies that the facts avern:d in the foregoing Petition to Stay Execution of Judgment are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 118 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. 1~J1-(/1 Date VERIFICATION The Undersigned hereby verifies that the facts avermd in the foregoing Petition to Stay Execution of Judgment are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. J; --71- CJY Date /)41 $~ ~~f. CERTIFICATE OF SERVICE I HEREBY CERTIFY that thi)'~ay of July, 2004 I have served a true and correct copy of the foregoing Petition to Stay Execution of Judgment as follows: 8y C..ertified Mail, Return Receipt Requested Heather 1. Paterno, Esquire 320 Market Street Strawberry square Harrisburg, P A 171 0 1 By Personal DeliveJ:)' Cumberland COWlty Sheriff's Office Cumberland COWlty Courthouse One Courthouse Square Carlisle, PA 17013 LAW OFFICES of JOHN M. GLACE ace, Esquire a1nut Street Harri A.17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Defendants ij.) t~ '}:".C'.i d:~<') J>~~ ~ ..., C;., = .r L_ c:: I- N ex:> ~ --; :::r: II nl- M ""'06 :-0 C), "-'..,. :r: -d Oc') ;?':r,-, 9 'po ~'.o C< ". :x 9.) C) \D y ALEX R. SZELES, Inc., Plaintiff IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04 - 3253 lCIVIL PETER GEKAS and VICTORIA GEKAS, Defendants To: The Judges of Said Court: Rule to Show CaUS4? Defendants above named, having filed a Petition to Stay Execution of Judgment, AND NOW thi~~y of /JJff... ,2004, it is hereby ORDERED that a Rule is hereby issued on Plaintiff to show ';~fse, if it has any, why the relief requested in said petition should not be granted. Rule returnable the f)111J dayof~-t ,2004at/tUm o'clockA=-M.in Courtroom Number 'f of the Cumbe~Wlty Courthouse, One Courthouse square, Carlisle, Pennsylvania, 17013. It is further ORDERED that all proceedings are stayed during the pendency of this Rule. BY THE COURT, A ,J. Distribution: ~ M. Glace, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101-1612 JIeather 1. Paterno, Esquire, 320 Market Street, StraWbelrry Square, Harrisburg, P A 17101 Cumberland COWlty Sheriff's Office ~~ Q:1? .0'1-0~ C""""l'N"-,':-l1 Vi!'i~{/\ /\0J\"GO AlNnO;) CJ:\}''c'''r~.I;Y~(lvna ~z :8 1.1d r- :;nv ~ooz AtJV10NC)H10od 3Hl .:10 :)O/:lJo--a:nl:! ALEX R. SZELES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW 04-3253 CIVIL PETER GEKAS and VICTORIA GEKAS, Defendants IN RE: PETITION TO STAY EXECUTION OF JUDGMENT ORDER ) L} ... AND NOW, this ~ day of August, 2004, at the request of cOWlsel for the defendants and with the concurrence of cOWlsel for the plaintiff, hearing in the above captioned matter set for August 27,2004, is continued to Wednesday, November 10, 2004, at 1 :30 p.m. in Courtroom Number 4, Cumberland COWlty Courthouse, Carlisle, PA. BY THE COURT, Heather 1. Paterno, Esquir For the Plaintiff . ;:J,~ John M. Glace, Esquire For the Defendants ~..~ /t1MU~ ,? -li-oc/ ::k :rlm 2004 9 nj', 9: 5 i DUANE LEBO, Plaintiff : IN THE COURT O!F COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - 1[,A W : 02-3253 CIVIL BOROUGH OF MOUNT HOLLY: SPRINGS, : IN RE: LOCAL AGENCY APPEAL Defendant PETmON FOR FINDING OF CONTEMPT OF COURT AND NOW comes the Plaintiff, Duane Lebo, by and through his attorney, James L. McAneny, and petitions this Honorable Court to hold the Borough of Mount Holly Springs, its Mayor and COWlcil, in contempt of the Order entered August 4, 2004, for the following reasons: PARTIES I, Plaintiff, Duane Lebo, is an adult individual resident of the Commonwealth of Pennsylvania, COWlty of Cumberland, residing at 661 West Old York Road, Carlisle, PA 17013. 2, Defendant, Borough of MOWlt Holly Springs, is a political subdivision of the Commonwealth of Pennsylvania, within the COWlty of Cumberland, with offices at 200 Harman Street, MOWlt Holly Springs, PA 17065, and governed by elected officers designated the Mayor and COWlcil. FACTS 3. On April 30, 2003, an Order of this Honorable Court was entered sustaining the Plaintiff's appeal from the Borough's Local Agency Law determination and reversing the decision of Borough COWlcil. 4. On August 4, 2004, an Order ofthis Honorable Court was entered enforcing the prior Order, and directing that the Defendant "immediately resume or cause to be resumed the payment of the plaintiff's disability benefits," including past due benefits, and that such "payment be made within sixty (60) days," A true and correct copy of the Opinion and Order of August 4, 2004, is attached for the court's convenience. 5. On Friday, September 24, 2004, the plaintiff received a check in the amoWlt of$33,179.21, along with a letter from the Principal Group that stated that this payment represents all back payments for the period 11-01-01 through 09-01-04, and that beginning October 1,2004, the plaintiff would start to recdve $1,746.27 monthly Wltil his normal retirement date of October 13,2009. 6. On Thursday, September 28,2004, plaintiff's counsel contacted Kori Welbes at the Principal Group. She advised that the plaintiff had originally been paid a disability benefit equal to his full salary of $3,492.53, less withholding. She further advised that the Borough had recently directed Principal to only pay a half salary benefit to the plaintiff. Plaintiff's cOWlSe1 then spoke to cOWlsel for the Defendant, who expressed surprise at the adjustment and advised that he would look into it. 7. On Friday, September 29, 2004, plaintiff's cOWlsel again spoke to Ms. Welbes. She advised that Principal had received a letter from the Borough, with a copy of the Order of August 4, 2004, which letter contained th,~ direction to reduce the disability benefit from full salary to half salary, and to adjust the back payment to recoup the difference between full and half salary for the payments made from September 1, 2001 through May 1,2002. This resulted in a gross monthly benefit of $1,746.27, and a net amoWlt of$I,715.81 after withholding. 8, On September 29, 2004, plaintiff's cOWlsel a.gain contacted the Borough's solicitor, who stated that Principal had discovered the "error" and made the "correction," and further asserted that the reduction was in accordance with a collective bargaining agreement That agreement has never been offered or submitted into the record of any of the proceedings involved in this case. 9. The Borough of MOWlt Holly Springs has maintained a Police Pension Plan since 1956, A copy of the relevant portions of that Plan is attached hereto, made part hereof, and marked "Exhibit A." 10. The Police Pension Plan was revised and restated on January 1, 1995. A true and correct copy of the relevant portions thereof is attached hereto, made part hereof, and marked "Exhibit B." 11. Both plans provide for a disability retirement benefit equal to 100% of average compensation, less any workers' compensation received, GROUNDS FOR RELIEF: 12. The Order of August 4,2004, directed the Borough to "resume" the plaintiff's disability benefits, which the court has twice fOWld to be "in the amoWlt of approximately $3,100,00" (representing the net amoWlt after withholding). l3. The Borough has twice appeared before this Honorable Court on this same matter, without raising any issue about the amoWlt of the disability payment 14. The Borough unilaterally directed its plan administrator to reduce the plaintiff's benefit by half, without notice to the plaintiff, phlintiff's COWlsel, or this Honorable Court, 15, The Borough, acting through its elected offil:ers, the Mayor and members ofCoWlcil, has failed and refused to obey this Honorable Court's Orders of April 30, 2003 and August 4, 2004, and has demonstrated contempt for the authority ofthis Honorable Court, 16. COWlsel for the Defendant does not concur in the granting of the requested relief WHEREFORE, the Plaintiff prays your Honorable Court to find the Borough of MOWlt Holly Springs, its Mayor and members of COWlcil, in contempt of the Order of August 4, 2004, and to provide such other relief as the court deems appropriate. Respectfully submitted: ?~::=--- James L. McAneny I.D. # 22259 P,O.13ox314 New Cumberland, PA 71070-0314 (717) 574-5754 Attorney for Plaintiff DUANE LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 02-3253 CIVIL BOROUGH OF MT. HOLLY SPRINGS, Defendant IN RE: PLAINTIFF'S APPLICATION FOR ENFORCEENT BEFORE HESS, J. ORDER ., ~ AND NOW, this .., day of August, 2004, it is ordered and directed that the defendant, Borough of Mt. Holly Springs, immediately resumf: or cause to be resumed the payment of the plaintiff s disability benefits. 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E >Gl em E Gl > Gl EO> ! lil .., .;... a: f :; I: Gl 0 .. ~ >.. i~~ w Gl lD6.o ~Ei;" lil ~ E ~ 0 " " c: 0 0-> >'5-a.t ~"iiu <t - BOROUGH OF MOUNT HOLLY SPRINGS POLlCIE PENSION PLAN Defined Benefit Plan 7.6 Restated January 1, 1996 Exhibit B INTRODUCTION The Employer agrees to operate the plan according to the terms, provisions and conditions set forth in this document. The Employer previously established a defined benefit retirement plan on September 10, 1956. The Employer Is of the opinion that the retirement pian should be changed. It Is believed that the best means to accomplish thesa changes Is to completely restate the plan's terms, provisions and conditions. The restatement, effective January 1, 1995, Is sat forth in this document and Is substituted In lieu 01 the prior document. The restated defined benefit retirement plan continues to be 10r the exclusive benefit of employees of the Employer. All persons covered under the plan on December 31, 1994, shall be covered under the restated plan with no loss of benefits. It is intended that the retirement plan, as restated, shall continue to maet the requirements for a governmental plan under the Internal Revenue Code of 1986. including any later amendments to the Code, as such Code pertains to governmental plans. The plan Is intended to meet the requirements of Act 600 governing police pension plans of Pennsylvania for Townships and Boroughs. INTRODUCTION 5 14-20602} If a Participant dies on or after his Normal Retirement Date and before his Annuity Starting Date, the death benefit shall be payable in like manner as provided under (a) end (b) above. Any death benefit after Annuity Starting Date will be determined by the Normal Form. SECTION 6.02-.VESTED BENEFITS. A Participant who becomes an Inactive Participant before retirement'or death land, if applicable, before the date a disability payment begins under the DISABILITY BENEFITS SECTION of Artlcla VI will be entitled to a defarrad monthly retirement benefit on the Normal Form to begin on hi;s Superannuation Retirement Date. The deferred retirement benefit will be equal to the sum of lal and (bl below: (a) The amount of monthly benefit which could be provided on his Normal Retirement Date on the Normal Form by his Required Contribution Account, beeled on the purchase rates in the Group Contract. lbl The excess of a Perticipant's Accrued Benefit on the dav before the date he became an Inactive Participant over the ..mount determined under (a) above if he has com plated 12 years of Accrual Service and ceases to be an Eligible Employee before thll date he completes the age and service requirements for Normal Retirement Date. The vastad benefit in (b) above will only ba provided for a Participant who files writtan notification with the Borough Council of his intention to vest within 90 days of the dB1te he ceases to be an Eligibla Employee. Payment of the deferred monthly retlrament benefit shall be on the Normal Form. The Participant may elect to receive his Required Contribution Account in a single sum payment at any time after he ceases to be an Employee and before his Retirement I)ate. Such payment wilt be a voluntary cash-out, and shali raduce the deferred retirement benefit otherwise payable. Payment of his Required Contribution Account reduces the pert of his benefit under (a) above to zero. SECTION 5.03--DISABlllTY BENEFITS. If an Active Participant becomes Totally and Permanently Disiabled before his Retirement Dste (Normal Retirement Date, if earlier), a disability benefit shall be payable to him. The disability benefit payable to a Participent who meets the rE,quirement sbove is an immediata monthly benafit equal to 100% of his Averaga Compensation as of the last day ha was actively at work for the Employer less any Workman's Compensation benefits he may receive. Monthly disability benefit payments shall begin on the esrliest first day of the month on or after the date the Participant meets the requirements under this section. Such payments shall continue through the first day of the month befora the earliest of his Retirement Date (Normal RetirE,ment Date, If earlierl, the date of his death or the day following the date he is no longer Totally snd Permanently Disabled. If the payments continue through the first day of the month before the Participsnt's Superannuation Retirament Date, retirament benefits shall be provided for him on his Superannuation Ratirement Date under the provisions of Article IV as if he were an Active Participant. His Acc;rued Benefit shall be equal to the Accrued ARTICLE IV A 29 (4-206021 .3enefit as of the day before the disability benaflt began. However, such Accrued Benefit shell not be less than the amount of monthly disability payment paid to him under this sectioln. If, before the Participant's Superannuation Retirement Date, he recovers and returns to active work for the Employer within one month of his recovery, the' payments shall stop and he shall again become an Activ,a Participant under the ACTIVE PARTICIPANT SECTION of Article II. If, before the Participant's Superannuatiion Retirement Date, he recovers and does not return to active work for the Employer within one month of his rl,covery, the peyments shell stop and his benefits shall be redetermined, on the date he ceesed to be en Employee, under the VESTED BENEFITS SECTION of Article V. ARTICLE IVA ...-. . 30 (4-206021 VERIFICATION I, Duane Lebo, Plaintiff named herein, hereby verify that the facts set forth in the foregoing petition for Finding of Contempt of Court are true :and correct to the best of my knowledge, information, and belief. I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. ~ 4909 relating to WlSworn falsification to authorities. Date: October 5, 2004 ~ ;<;~ Duane Lebo CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing Petition for Finding of Contempt of Court upon the person(s) listed below by depositing the same in the United States mail, first class postage prepaid, which service satisfies the Rules of Court: Keith o. Brenneman, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 September 6, 2004 ;?:~~;::-- . James L McAneny );' - (." ""~.,) r::,~ c;~~ _c- <-.""') CO) -'i N .." ~0 a co Heather L. Paterno, Esquire Attorney 1.D. No, 87506 DavId M, Steckel, Esquire Attorney I. D, No. 82340 GOLDBERG KATZMAN, P.c. p, 0, Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys jor Plaintiff. Alex R. Szeles, Inc. ALEX R. SZELES, INC., :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :NO. 04-3253 CIVIL v. PETER GEKAS and VICTORIA GEKAS, :JURY TRIAL DEMANDED Defendants. RESPONSE OF PLAINTIFF TO RULE TO SHOW CAUSE AND NOW, comes Plaintiff, Alex R. Szeles, Inc., by cmd through its counsel Goldberg Katzman, P. C., who respectfully files the instant response to the Rule to Show Cause issued by this Court on August 3, 2004, and in support thereof states the following: 1. On February 14,2003, Plaintiff obtained a default judgment (the "Judgment") against Defendant in a proceeding before District Justice Bob Yanich. 2. Pursuant to the Judgment, Plaintiff was awarded the sum of $6,080.30 for work performed for Defendant plus judgment costs. The work Plaintiff performed for Defendant, and the work which Plaintiffwas hin:d to perform, was in the nature of water damage repair and carpet replacement. 3. On March 12, 2003, Defendants filed a Notice of Appeal of the Judgment in the Court of Common Pleas of Dauphin County. 4. Pursuant to Pa.R.C.P.D.J. 1005(B) (the "Rule"), Defendant was required to file a proof of service of his Notice of Appeal within tl~n (10) days of filing the Notice of Appeal. 5. Defendant did not comply with the aforementioned Rule and, instead, filed the proof of service on March 25, 2003. 6. Because Defendant failed to comply with the Rule, Plaintiff, through its original counsel George A. Vaughn, III, Esquire, filed a Praecipe to Strike Defendant's Notice of Appeal on March 31, 2003. 7. On April 4, 2003, Attorney Vaughn filed with the Court of Common Pleas of Dauphin County a Certificate of Service showing that the aforementioned Praecipe was properly served on Defendants. 8. On July 6, 2004, Heather L. Paterno, Esquire, from undersigned counsel's office, filed with the Prothonotary of the Court of Common Pleas of Cumberland County a Praecipe to enter judgment in favor of Plaintiff and against Defendant based upon Defendant's failure to properly appeal the Febmary 14,2003 judgment entered by District Justice Yanich. 9. Concurrently therewith, Attorney Paterno filed with this Court a Praecipe for Writ of Execution and Attachment. 10. On July 28,2004, Defendant filed a Petition to Stay Execution of Judgment. 11. Plaintiff competently performed the work it was hired to do by Defendant. 2 12. Further, Plaintiff proceeded appropriately and pursuant to the applicable rules in securing a judgment against Defendant after Defendant failed to fulfill its financial obligations to Plaintiff. 13. As a result, Plaintiff is not willing to abandon the judgment it lawfully obtained simply because Defendant's violation of the applicable rule was not egregious. 14. Plaintiff would be substantially prejudiced if the Judgment against Defendant is opened because it would be forced to spend additional money on counsel fees and court costs, and it would have to wait an even longer period of time to collect monies to which it is rightfully entitled. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's Petition to Stay Execution of Judgment and allow Plaintiff to proceed with its execution of the Judgment. Respectfully submitted, GOLDBERG KATZMAN, P.C. By: H2~;e~~ Attorney J.D. #87506 David M. Steckel, Esquire Attorney J.D. #82340 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff, Alex R. Szeles, Inc. Date: November 10, 2004 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: VIA HAND DELIVERY John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101-1612 GOLDBERG KATZMAN" P.C. By: ~e-d DavId M. Steckel, Esquire Attorney J.D. No. 82340 Date: November 10, 2004 115683.1 (-) '" ( (':"~:> (') (".7~ -e:- -n w_~ , -"~ "':::" :::l (_ .l di un -r,,'':: r'"" fT1 a : r'" :i 'I" " (~.) -'0 "'1- :~ ~ I , I, :j~: ) () .' : >~ -) r '~~ ,,: 1 ::,~ ._( .> ~ ',:] ~'f: ALEX R. SZELES, INC., Plaintiff vs. PETER GEKAS and VICTORIA GEKAS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W 04-3253 CIVIL IN RE: PETITION TO STAY EXECUTION OF JUDGMENT AND NOW, this ORDER 10; day of November, 2004, this matter being called for hearing, the motion of the defendants to stay execution of judgment and return the matter to Dauphin County for disposition is GRANTED. David Steckel, Esquire F or the Plaintiff John M. Glace, Esquire F or the Defendants :rlm BY THE COURT, ~ Ad ~~ ~ 11,/).01{ ~~. A,_ U:~ F7;" F--J~--~'-i;:."'~II-':C: --0 '-'I f IV~ notE FFiO;'h':~:<;~:~nY 21.1" u" ~ '~Jlr:!! I ? I J i,} 'I c.. i"rl 2: 53 CU~,~d:i;S{\,':J~iJN!Y -- , ' ) , '1 , .1 ,> ) 1 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Advance Costs: 150.00 Sheriffs Costs: 82.22 67.78 Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL 18.00 1.62 .50 1.00 11.10 Refunded to Atty on 02128/05 30.00 20.00 82.22 Sworn and Subscribed to before me thisLdaYOf~ 2005 AD;';;,:!;" ~ So Answers; R. Thomas Kline, Sheriff B~ tu L~'"- ~~-ll.t."J ,; ':'.1 ^lJ-.SHH3d ,..' " "'4F) f " \' '\1 r,S C \. lOr ~J.~,." ,j,jl\UM 1 : :-~i ,J. _ "..iJO ( WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04"3253 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALEX R. SZELES, INC. Plaintiff(s) From PETER AND VICTORIA GEKAS, 202 CONODOGUINET A VENUE, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PEROSNAL PROPERTY LOCATED AT ABOVE ADDRESS. . (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 gamishee( s) is enjoined from paying any debt to or for the acconnt of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is fonnd in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is e'1ioined as above stated, Amount Due $6,080.30 Interest LL $.50 Atty's Comm Atty Paid $36.75 Plaintiff Paid Date: JULY 6, 2004 % Due Pro thy $1.00 Other Costs (Seal) ""J o~ tary By: . IJ.-, 0_ , CURTIS R. LONG 1~ D "' REQUESTING PARTY: Name HEATHER L. PATERNO, ESQUIRE Address: 320 MARKET ST., STRAWBERRY SQUARE HARRISBURG PA 17108-1268 Attorney for: PLAINTIFF Telephone: (717) 234-4161 Supreme Court lD No, 87506