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Home My WebLink About11-7037IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, vs. Civil Action - In Law No.: I - gt)_r e i \i I-r twx VESUVIO PIZZERIA. LLC and GENNARO A. TIANO a/k/a GENNARO TIANO, Defendants ARBITRATION COMPLAINT NOTICE 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 objection:; 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 claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013-3387 (717) 249-3166 (800) 990-9108 c m :z :=70 rn -V mar= -err,-, rrV??Ir- ? C7, 3W zt: -71 C) =C:) mac; 5:c:: .. rY... w- > X, O 9a. OD P n Am/ CfF I33g5 P#at#u59a IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law vs. No.: VESUVIO PIZZERIA, LLC and ARBITRATION GENNARO A. TIANO a/k/a GENNARO TIANO, Defendants. COMPLAINT This is an action by Plaintiff, UGI HVAC SERVICES INC., to recover damages from Defendant arising out of a debt Defendant owes to Plaintiff by virtue of appliance service. 2. UGI HVAC SERVICES INC. is a domestic corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at 229 Shellyland Road, Building 5, Manheim, Pennsylvania, 17545. ?. Defendant, VESUVIO PIZZERIA, LLC, is a Pennsylvania limited liability company with a place of business at 202 Conodoguinet Avenue, Camp Hill, Pennsylvania, 17011. 4. Defendant, GF,NNARO A. TIANO A/K/A GENNARO TIANO, is an adult individual residing at 202 Conodoguinet Avenue, Camp Hill, Pennsylvania, 17011. 5. At all times relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service and selling appliances to persons and businesses who requested utility service and appliances in accordance with the Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNTI BREACH OF CONTRACT UGI HVAC SERVICES INC. VS. VESUVIO PIZZERIA, LLC AND GENNARO A. TIANO A/K/A GENNARO TIANO 6. Paragraphs 1 through 5 are incorporated as referenced as if frilly set forth herein. 7. On or about.Iuly 21, 2009, Plaintiff installed fuel lines for Defendants. VESUVIO PIZZERIA, LLC: and GENNARO A. TIANO A/K/A GENNARO TIANO. The remaining balance for this appliance is $1,100.00. 8. Attached hereto and marked Exhibit "A" is a copy of the installation contract. 9. The installation and sale provided by the Plaintiff to the Defendants aforesaid were received, accepted and utilized for the benefit of said Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO. 10. Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, are in default of their obligation, having failed to make the payments as they became due. 11. Plaintiff made demands on Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, to repay the sums then due and owing to Plaintiff, bi.?t Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, has not made any making payments and continues to refuse to pay Plaintiff. 12. Despite demands upon Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, for payment by the Plaintiff, Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, have failed and refuse to pay Plaintiff the balance due and owing on said account(s). I ). Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, have received the benefit of the installation of the fuel lines being attached to the real estate as a permanent fixture. 14. Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, materially and substantially breached the Agreement by failing to make payments to Plaintiff as required under the Agreement. WHEREFORE, Plaintiff demands judgment against Defendants for damages in the following slues for which Plaintiff demands judgment against the Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO: Amount Past Due: $ 1,100.00 Attorneys Fees: $ 400.00 Court Costs: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 1,742.00 COUNT II UNJUST ENRICHMENT UGI HVAC SERVICES INC. VS. VESUVIO PIZZERIA, LLC AND GENNARO A. TIANO A/K/A GENNARO TIANO 15. Paragraphs 1 through 14 are incorporated as referenced as if fully set forth herein. 16. Plaintiff provided material and labor for the renovations to the existing building for fuel lines in the vicinity of 4620-B Carlisle Pike, Mechanicsburg, Pennsylvania. 17. The work performed on the project by Plaintiff was a benefit to the real estate which increased its useful life and value. 18. The work performed on the project by Plaintiff was received, accepted, and utilized for the benefit of said Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO. 19. Plaintiff made demand on Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, to repay the sums then due and owing to Plaintiff, but Defendants have never made any payments and refuses to pay Plaintiff. 20. Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, have been unjustly enriched by receiving renovation services without payment. 21. Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, had knowledge of the services before they were provided and encouraged the performance of the project. 22. Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO, received the benefit of work performed to its building in the form of an increased value of the property, and an extension of the useful life of the building. WHEREFORE, Plaintiff demands judgment against Defendants for damages in the following sums for which Plaintiff demands judgment against the Defendants, VESUVIO PIZZERIA, LLC and GENNARO A. TIANO A/K/A GENNARO TIANO: Amount Past Due: $ 1,100.00 Attorneys Fees: $ 400.00 Court Costs: $ 92.00 Service Costs: $ 150.00 TOTAL: $ 1,742.00 Respectfully submitted, KRZYW^l & ASKS/ TES, P.C. DATED: September7,2011 ? By: P. 06x 505 ew Hope, P 9" (215) 862- Attorney or Plai Attorney I.D. 23754 EXHIBIT A w ? I ?? II o z ? 1 W p > z w W ° ¢ U cD W h I LL ° z Y 3 p N m W V \\ t o o 77O 1 \ ° ?c -- - n,?' I I \ z W O ' CD CL i Q W = a L o a L.L J F- Y LLI O Q U W C? J cn Z r Qz W I? m o Q= O Q w cn `' I ° O ~ O W m o p m cn ¢ D Q C v a W O o w ! ?i r z Z I I ? w t.S w a W o f F_w- O o L w Z Q o N ° w O W \ O z J 2 J 2 W W ¢ U 0" f Lu Y w~ [[ W !? Z W Z `?.? Q O E L Q= J Z O O z F- O 1 O W= Q z JU, I Y ///??\ W w O Q J ° Q U O U L,? O O O W Q S Z ? o w \ G ?'] W F-02 w a w ? o Z Z w a i Q O 2co ??w--'S c? ?, LO ? Q F'_ \ Q o ¢ ? S W W W J? ¢ U s ? Q I i ?' o I O oui?cL?ww ° w 't \ F- F-O=QO W Z a m L. a c C.J ?. m t' ¢ T? Q S W W F- J _ k V (rr a daQ W ? Ali J J e = Z DF-pW Ww ¢ N I S J Q W g m w IaO,WiUOaC.'J o J w = s = N F- O Q N Q ¢o Q O VVV z °m w? Q? i-QI--Q?w? > U LL. ?? w Y '¢ Q g Ow "/_- W wZJF->cpQ O Q ¢ ?- Q d H O S Z Q Q Q Z G c w Z r~ii U ? ¢ ca j d W U' S S W Z W Z W N[CQ ` `tee ? htr - 1 a i _ vQJi C3 71 71 5 z Z s V ` Z I W Z 3 N _ ° Z F-? t g r cc o ?h _ Q°-S W ?/J I O Z Y¢ a? Y ? o W y L6 o "t w LL? Woo-agwzr- yr/ cOa a z z a z { f^ !! O U U U i¢ E E m a ? ?6 z Z=3a > > Ii I Q a c -` 3 d c o 0 o d c cc E *1'I 1..{I F \ I I °- add' ?_oE IO° OZ mZ J° ° o 0 3 _ z z LLI ? 71-- O > p> N I O ? 1 \+? - 3 a > e = caul d U V 1 V \+\ - o v ° aJ z °? o E y I w Q w ¢ y n , o t \`Y o d u Wig=?a ? 'a`aoo " o ._ a v a ?.i n CC W W O- CO W O Q Z F- a° ° z o o - z u' - z z Z ? O ZO U N w z 2° ° V N V Z N 1- Z ?1 d_ S Z Z Z Z U Z Z W Z ° O w J w 0 2 C w a o o J ° a o z W o o z m I d o o z o o Z ! - U a o m w U i- o `n w>> z¢ in U Q s Y O ZCED LL Q 1 a o O 7 a '° o LL m < J G W o C cx_+ z ?,; ¢ z U v? ¢¢ o W S' w o W w Z a F- ¢ zo z ¢o -''+ c U H W m° U d 0~ '>" o w J -0 W o z z 0 a LJJ O I w Ja N o w a N o x O o LL Q Q Q W w 'Q o z Q V~i w U F- _° ¢ a` S?• U U C/] 0 0 LL O J a "' W w w Q ¢ LL Z J W w W rn Y ?' z w N "' v¢ Y W F_- N i v vGi = o> aw No "' U x LL N aw `.. < o u, o w o -' O a p " a w W L o N °- 0 a °- J a ti LOL "' i W Q! w¢ O U <`? W ?C w w °¢ U' ?' w 25 rn x> o ZO ? O >? O° z z m Q Z¢ Z Z W o 3 N ti Cn z z z !- J o W N h vii rWn F- a w w m J _z w _? w y Q U Q ¢ w a J z z z z w z z W v "' Z? -c= c?11177 c?1c?777 mO'1171 W171 av071 Q17 cv101 s'7'-1-107cn°_- J --1711 L-1 -71 L71 N VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQUIRE, verify that I am the attorney for Plaintiff in the within case; that the appropriate officers of the Plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification, and that such facts are true and correct to the best of my knowledge, information and belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. § 4904 relating to unsworn falsification to authorities. DATED: September 7, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?r OFE ".: T!.E SHERIFF ii C-D-UF Cl ?N L? ,'. ? tl 1t, R0- 4 b Jody S Smith Chief Deputy Richard W Stewart Solicitor Case Number 2011-7037 UGI HVAC Services, Inc. vs. Gennaro A. Tiano (et al.) SHERIFF'S RETURN OF SERVICE t'.? I I SEP 26 Pi's e- 2 -$ PENNSYLVANi; 09/20/2011 02:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2011 at 1405 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gennaro A. Tiano , by making known unto Veronica Tiano, Mother of Defendant at 202 Conodoguinet Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. RO ERT BITNER, DEPUTY 09/20/2011 02:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2011 at 1405 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Vesuvio Pizzeria, LLC c/o Gennaro A. Tiano, by making known unto Veronica Tiano, Mother of Defendant at 202 Conodoguinet Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $59.00 September 22, 2011 ROB UT BITNER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ;ci CcuntySuite Snentt, Ieieosott. Inc. C ° KRZYWICKI & ASSOCIATES, P.C. :=M ;o r.a Sv -< -VIM Anthony P. Krzywicki, Esquire s ' a Attorney for Plaintiff rQ r P.O. Box 505 c-a ° 3 Cl-r New Hope, PA 18938 5; (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law VS. No.: 11-7037 Civil Term VESUVIO PIZZERIA, LLC and ARBITRATION GENNARO A. TIANO a/k/a GENNARO TIANO, Defendants. MOTION TO COMPEL DISCOVERY Pursuant to Pa.R.C.P. 4019, Plaintiff, UGI HVAC Services, Inc., moves the Court to enter an order in the form attached, directing Defendant, Gennaro A. Tiano a/k/a Gennaro Tiano, to comply with Plaintiff's discovery requests within thirty (30) days of the entry of the Order, and to pay to Plaintiff costs incurred in preparing this motion and supporting memoranda. In support of this motion Plaintiff alleges as follows: 1. Plaintiff served Interrogatories directed to Defendant, Gennaro A. Tiano a/k/a Gennaro Tiano, on January 4, 2012 and February 24, 2012. See Exhibit A. 2. No answers or objections to Plaintiff's Interrogatories directed to Defendant, Gennaro A. Tiano a/k/a Gennaro Tiano, have been received by Plaintiff as of the date of this motion. 3. A Judge has not ruled upon any other issues in this matter. 4. There is no opposing counsel of record. WHEREFORE, Plaintiff, UGI HVAC Services, Inc. respectfully requests the Court to enter an order-directing Defendant, Gennaro A. Tiano a/k/a Gennaro Tiano, to comply with Plaintiffs discovery requests within thirty (30) days of the date of order, and to pay Plaintiff costs incurred in preparing this motion and supporting memoranda. DATED: May 21, 2012 Respectfully submitted, KRZYWICKI & ASSOCIATES, P.C. Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 8624390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, VS. Civil Action - In Law No.: 11-7037 Civil Term VESUVIO PIZZERIA, LLC and GENNARO A. TIANO a/k/a GENNARO TIANO, Defendants. ARBITRATION MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DISCOVERY 1. STATEMENT OF FACTS This case arose from an action brought by Plaintiff, UGI HVAC Services, Inc., to recover sums due from damages to their property. Plaintiff's Interrogatories directed to Defendant, Gennaro A. Tiano a/k/a Gennaro Tiano, were served on Defendant on January 4, 2012 and February 24, 2012. Plaintiff has received no answers or objection to Plaintiff's Interrogatories directed to Defendant, Gennaro A. Tiano a/k/a Gennaro Tiano, no answers have been produced and no extension of time to answer has been requested by the Defendant. II. DISCUSSION Defendant's failure to answer Plaintiff's Interrogatories directed to Defendant, Gennaro A. Tiano a/k/a Gennaro Tiano, is in violation of Pa.R.C.P. 3117, 4006 (a)(2) and 4009. Rule 4019(a) (1) (I) and 4019 (a} (1) (vii) permit the court, upon motion, to impose sanctions against a party who fails to respond to discovery requests. Additionally, Rule 4019 (c) (5) states that "[t]he Court, when acting under subdivision (a) of this rule, may make ...such order with regard to the failure to make discovery as is just." In Gonzalez v. Procaccio Brothers Trucking Co., 268 Pa. Super. 245, 407 A.2d 1338 (1972), the Court Stated: Pa.R.C.P. 4019 is clear. It establishes an unequivocal and mandatory procedure. Where [a party fails to comply with a discovery request] a motion must be presented to the court to determine the default. [Citation omitted.] Upon finding that a default has occurred, "the court may...make an appropriate order." The imposition of specific sanctions, however, is largely within the discretion of the court. [Citations omitted]. 407 A.2d at 1341. III. CONCLUSION For the foregoing reasons, Plaintiff requests that the Court enter an order, in the form attached, directing Defendant to comply with Plaintiff's discovery requests. Respectfully submitted, KRZYWICKI &-ASSOCIATES, P.C. DATED: May 21, 2012 BY: Anthony EXHIBIT A LAW OFFICES KRZYWICKI & ASSOCIATES, P.C. P. O. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 January 4, 2012 Mr. Gennaro A. Tiano 4516 Florence Avenue, Apt A Mechanicsburg, PA 17055 RE: UGI HVAC Services Inc. vs. Vesuvio Pizzeria, LLC and Gennaro A. Tiano a/k/a Gennaro Tiano Civil Action No.: 11-7037 Civil Term (Cumberland County) Our File No.: 3869 UH Dear Mr. Tiano: Because you have failed to pay the judgment entered against you to the above term and number, the Judgment-Creditor, has the right to attempt to collect that judgment by an involuntary Judicial Sale (Sheriffs Sales) of your assets and has the right, for assistance in such sale, to inquire concerning the existence and location of such assets. Enclosed herewith for service upon you is an original set of Interrogatories in Aid of Execution. The questions (interrogatories) contained therein must be answered by you in full in the spaces provided, or on supplemental sheets if such space is insufficient. The answers must be verified as true subject to criminal penalties as provided, and the original must be returned to this office within thirty (30) days of receipt. Failure to respond to the enclosed interrogatories may subject you to punishment in accordance with law including being found to be in contempt of court with punishment imposed therefore and also to substantial additional expense. Service is made by regular mail as provided by law. In the event the proper response is not received, the address will be verified through your local post office. Relevant portions of the controlling law (Rules of Civil Procedure) are set forth below but if you have any questions concerning this matter, it is strongly suggested you seek legal assistance or guidance since your failure to respond to the enclosed truthfully and within the time required will subject you to the sanctions imposed by law. RULE 3117. Discovery in Aid of Execution. (a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it ascertained by the discovery proceedings that he has property liable to execution. RULE 4005. Written Interrogatories to a Party. (a) ... any party may serve upon any other party the original and two copies of written interrogatories to be answered by the party served... Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter... (a) (1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. RULE 4019. Sanctions. (a) (1) The Court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this rule, may make... (4) an order imposing punishment for contempt. KRZYWICKI & ASSOCIATES, P.C. Anthony P. Krzywicki, Esquire Attorney for Plaintiff APK/amg Enclosure KRZYWICKI & ASSOCIATES, P.C. Anthony P. Krzywicki, Esquire Attorney for Plaintiff P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA Attorney ID 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law VS. No.: 11-7037 Civil Term VESUVIO PIZZERIA, LLC and ARBITRATION GENNARO A. TIANO a/k/a GENNARO TIANO, Defendants. INTERROGATORIES TO DEFENDANT, GENNARO A. TIANO A/K/A GENNARO TIANO FOR DISCOVERY OF ASSETS IN AID OF EXECUTION The Plaintiff, UGI HVAC Services Inc., through its attorney, Anthony P. Krzywicki, herewith and hereby makes demand that you, the Defendant, in this action give written answers, verified as true pursuant to Pennsylvania Rules of Civil Procedure No. 3117, 4005 and 1006 within thirty (30) days from service hereof. These interrogatories are continuing and any information secured subsequent to the filing of your Answers which would have been includable had it been known or available to you at the time are to be supplied by Supplemental Answers. All questions directed to you personally shall include and extend to any business conducted or property interests you may have under or standing in any assumed, fictitious, or business name or names. 1. State your name, current address, place of employment, occupation and present salary and all sources of income and also prior addresses, other names used, and other places of employment within the last two (2) years. 2. Identify any ownership interests you have, including under Agreements of Sale, in real estate located anywhere in this country and- identify such real estate by. state, county, municipality and address, date property was titled in current ownership, the assessed value thereof and the name, address and relationship of any joint owners. 3. Identify any bank accounts recorded in your name, either jointly or with others, including checking accounts, savings accounts, credit union accounts, certificates of deposit, or other accounts. State the address of the bank, savings and loan association, building and loan association, credit union or other institution, the identification numbers of the accounts, the amounts in each and the name, address and relationship to you of any person whose name appears jointly with you on such accounts. 4. Identify any motor vehicles in which you have an interest by make, model, title number, serial number, registration plate, the exact name or names in which registered, the address and relationship of any joint owners to you, the present location of the vehicle and the amount and holder of any encumbrances thereon. 5. State the names, addresses and relationships of any persons whom you believe owe you money, the amounts owed and a full description of any mortgage, judgment note or other evidence of that indebtedness including date, amount, method of payment and whether recorded and, if so, where. 6. Identify any interest you have in any pension plan, whether an individual plan, such as an IRA, or a corporate plan through your employer, and identify your exact interest therein. 7. Identify any life insurance contracts, which you own on your life or that of another as to name and address of the insurance company, policy number, and face amount of all such accounts, named beneficiaries and their relationship to you and name, address and relationship of any joint owners. 8. Identify any corporate, government or municipal bonds or stocks, or individual or corporate mortgages owned by you as to number and value thereof and give the name, address and relationship to you of any joint owners thereon. 9. Identify in full any property transferred by you as a gift or without full monetary consideration therefore within the past two (2) years, the value of such property and the name, address and relationship to you of the transferee. 10. Identify in full any business in which you have an ownership or proprietary interest and state the nature of your interest therein, the assets, including accounts receivable thereof, and the names, addresses and relationships to you of any persons with a joint interest with you in said business. 11. Identify any other items of particular value in which you may have any interest and the nature and value of such interest, and the names, addresses and relationships to you of others having a joint interest with you therein and the nature of such interest, including, but not necessarily limited to: a. Jewelry, works of art, stamp, coin or other collections or other items of personal property of special value; b. safe deposit boxes identified as to the location and contents thereof; inheritances or interests in the estates of deceased persons; d. interest, either current or future, in trust funds or annuity contracts or interests; uncollected lottery or gambling winnings or awards and prizes of any kind and when and how the same are to be paid; f. other. 12. Identify any persons, other than your spouse, whom you feel are obligated to you by any reason of their use of credit with UGI HVAC Services Inc. and the reason for and extent of such obligations. 13. Identify in full any judgments of record, other than that of Plaintiff, against you and any suits or other legal proceedings presently pending for the collection of such judgments or overdue and unpaid taxes of any kind. KRZYWICKI & ASSOCIATES, P.C. Dated: January 4, 2012 BY: Anthony P. Krzywicki, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff, Civil Action - In Law VS. No.: 11-7037 Civil Term VESUVIO PIZZERIA, LLC and ARBITRATION GENNARO A. TIANO a/k/a GENNARO TIANO, Defendants. VERIFICATION I verify that the statements contained in these Interrogatories in Aid of Execution are true and correct, and I understand that any false statements made herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsification to authorities. Dated: Defendant CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing document was placed in a depository under the exclusive care and custody of the United States Postal Service to deliver via First Class Mail to the following: Mr. Gennaro A. Tiano 4516 Florence Avenue, Apt A Mechanicsburg, PA 17055 KRZYWICKI & ASSOCIATES, P.C. DATED: January 4, 2012 Anthony P. Krzywicki, Esquire Attorney for Plaintiff LAW OFFICES KRZYWICKI & ASSOCIATES, P.C. P. O. BOX 505 NEW HOPE, PA 18938 (215) 862-4390 FAX: (215) 862-4393 SECOND REQUEST February 24, 2012 Mr. Gennaro A. Tiano 4516 Florence Avenue, Apt A Mechanicsburg, PA 17055 RE: UGI HVAC Services Inc. vs. Vesuvio Pizzeria, LLC and Gennaro A. Tiano a/k/a Gennaro Tiano Civil Action No.: 11-7037 Civil Term (Cumberland County) Our File No.: 3869 UH Dear Mr. Tiano: Because you have failed to pay the judgment entered against you to the above term and number, the Judgment-Creditor, has the right to attempt to collect that judgment by an involuntary Judicial Sale (Sheriffs Sales) of your assets and has the right, for assistance in such sale, to inquire concerning the existence and location of such assets. Enclosed herewith for service upon you is an original set of Interrogatories in Aid of Execution. The questions (interrogatories) contained therein must be answered by you in full in the spaces provided, or on supplemental sheets if such space is insufficient. The answers must be verified as true subject to criminal penalties as provided, and the original must be returned to this office within thirty (30) days of receipt. Failure to respond to the enclosed interrogatories may subject you to punishment in accordance with law including being found to be in contempt of court with punishment imposed therefore and also to substantial additional expense. Service is made by regular mail as provided by law. In the event the proper response is not received, the address will be verified through your local post office. Relevant portions of the controlling law (Rules of Civil Procedure) are set forth below but if you have any questions concerning this matter, it is strongly suggested you seek legal assistance or guidance since your failure to respond to the enclosed truthfully and within the time required will subject you to the sanctions imposed by law. RULE 3117. Discovery in Aid of Execution. (a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the defendant as costs if it ascertained by the. discovery proceedings that he has property liable to execution. RULE 4005. Written Interrogatories to a Party. (a) ... any party may serve upon any other party the original and two copies of written interrogatories to be answered by the party served... Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter... (a) (1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. RULE 4019. Sanctions. (a) (1) The Court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written interrogatories under Rule 4005... (c) The Court, when acting under Subdivision (a) of this rule, may make... (4) an order imposing punishment for contempt. KRZYWICKI & ASSOCIATES, P.C. Anthony P. Kizywicki, Esquire Attorney for Plaintiff APK/amg Enclosure CERTIFICATE OF SERVICE I, Anthony P. Krzywicki, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Motion to Compel, Memorandum in Support thereof and a form of Order were placed in a depository under the exclusive care and custody of the United States Postal Service to deliver via First Class Mail to the following: Mr. Gennaro A. Tiano . 4516 Florence Avenue, Apt A Mechanicsburg, PA 17055 KRZYWICKI & ASSOCIATES, P.C. DATED: May 21, 2012 By: Esquire .O. J46x 50 NewHope, A 938 (215) 862-4390 Attorney for Plaintiff Attorney ID 23754 UGI HVAC SERVICES INC., PLAINTIFF V. VESUVIO!, PIZZERIA, LLC AND GENNARO' A. TIANO a/k/a GENNAR TIANO, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7037 CIVIL IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 25th day of May, 2012, upon consideration of the Plaintiff's Motion to Compel Discovery, IT 18 HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Defendants to show cause why the relief requested by the Plaintiff should not be granted; 2. Defendants shall file an Answer to the Motion on or before June 20, 2012; 3. Tearing on the Motion will be held on Thursday, August 2, 2012, at 11:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Anthony 044ywicki, Esquire Attorney fbir Plaintiff ?ennaro A. Tiano 4516 Florence Avenue, Apt. A Mechanicsburg, PA 17055 -*? UA M. L. bert, Jr., J. C_; 'Y -?14C9DJ 40 OA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA UGI HVAC SERVICES INC., Plaintiff., Civil Action - In Law vs. No.: 11-7037 Civil Term -:K CC PIZZERIA, LLC and ARBITRATION a c GENNARO A. TIANO a/k/ar'- r GENNARO TIANO, °' Defendants. 57> c ca PRAECIPE TO WITHDRAW MOTION TO COMPEL TO THE PROTHONOTARY: Kindly mark the Motion to Compel of Defendant, Gennaro A. Tiano a/k/a Gennaro Tiano, filed on or about May 23, 2012, WITHDRAWN in the above-captioned Civil Action. KRZYWICKI & A DATED: July 12, 2012 BY: AkLoLR6 for Pl jg6e P.O. Box 505 New Hope, PA 1894 (215)862-4390 Attorney I.D. 23754 IATES, P.C. ? -;,