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HomeMy WebLinkAbout05-3884IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLY PUBLISHING Plaintiff No. OS- 3 8 2q T vs. COMPLAINT IN CIVIL ACTION JOSEPH S. RUDA AND HESTON U. HUSLER both individually and d/b/a AQUA BLUE POOLS Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03791061 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RN Donnelly P0t1;sA•ny Plaintiff VS. I / , / / Civil Action No. 0-5- 3 Fr S Y ULr -T;--. josep? S - gJA and e m a. /!ul e. b'fl, ;nd;V,doally uid 414 A?Ua 8i4e P006 Defendants COMPLAINT AND NOTICE TO DEFEND 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other 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. OF 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 COMPLAINT Plaintiff is a corporation with offices at 1615 Bluff City Highway, Bristol, TN 37620. 2. Defendant, Joseph S. Ruda, is an adult individual engaged in business as Aqua Blue Pools with a last known address of 65 Devonshire Drive, Carlisle, PA 17013. Defendant, Heston U. Husler, is an adult individual engaged in business as Aqua Blue Pools with a last known address of 926 Doubling Gap Road, Newville, PA 17241 4. Pursuant to Plaintiffs Statement of Account dated October 20, 2004, and at the specific instance and request of Defendants, Plaintiff provided certain goods and services to Defendants, as more specifically shown by Plaintiff's Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "P' and made a part hereof. Defendants received and accepted the aforementioned goods and services which were provided by Plaintiff. 6. The prices charged by Plaintiff were fair and reasonable and were the market prices that prevailed at the time of the transactions at issue. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 8. Plaintiff avers that there is a balance due and owing from Defendants in the amount of $6,712.67, as is shown by Plaintiff's Statement of Account attached hereto as aforementioned Exhibit -] " and made a part hereof. 9. Plaintiff claims interest at the legal rate of six (6%) percent per annum from October 20, 2004 on the unpaid amount. 10. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the aforementioned balance, legal interest or any part thereof to Plaintiff, WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, Joseph S. Ruda and Heston U. Husler d/b/a Aqua Blue Pools, in the amount of $6,920.12 with continuing interest thereon at the rate of 6% per annum from April 26, 2005 and costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. Williaiti'T. Molczan, E/uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#:03791061 _m c h oa `?UChid 6 7 ] N L LL wao?m`a m N W N w ?mh t0 c?°$p?? ??NQQN p SCxiro{ o ? ? d tea EL A E E N r 01 ? N l0 f?l ? T ? V ' tti of n c? n $ a q ? N (V ai m < T O O O O O r? IL n fD Oi " 0 ° i 0 t p ?p n u i ? M y 1 ? ? N m N In L ? N N v 9 8 S S 8 S ? 0 0 0 0 0 1 u 8 S 8 S 8 Y ffi o 0 o c o E rn ? a U Q S g $ S S ? 0 0 0 0 0 ?VU ? m ?0 C ` m y 0 Uhl ?mp N O N ? ?U S ??pp ??0O m m m a N m tO ,- mW O V O I? N ? to i0 p t0 ?U 3 U] N N N C4 N N N N N U) N U T N N pp N pp N po N N O ?? t6 N 16 m N ?p. N UU?. N UU?yyf. N N ? U? N N a 9 a N h N h N h m h 1[1 h h h N h ? h i0 b ? h a p N t ?ep UI N b p N b p N S ?pp N t( ? y ? N c UU r C4 N n o ? O p S S O O d N fhD N n n v ? ?d A FO- ? N 6 m a 0 0R El a o ?mZm cE of a a w 0 aqw y m 7i.0 c E« w y E E 0 ? w Ut i.. 'cc O ?. awi 5 aE a? c o ? E? oa c ? 00 a It w w r+ c c- 0 m y w E C O c R= Ea c=a c s VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, tha&she isw???1QA l? Nut-ria (NAME) II77 ;??-1- ,1,. +i4+si.?c?, Luc.. Cj61J b; % I r of?c.N. Ui1Q1121.i '??l?! , plaintiff herein, that (TITL ) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. r??z (SIGNATURE) WWR# 03791061 ? r s -- 0 U? ?i .its +?; Y`KyG1:. C•: ! J?",?+<i..r ?J h -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLY PUBLISHING Plaintiff V& No. 05-3884 Civil Term COMPLAINT IN CIVIL ACTION JOSEPH S. RUDA AND HESTON V. HUSLER both individually and d/b/a AQUA BLUE POOLS Defendants FILED ON BEHALF OF Defendant: HESTON V. HUSLER COUNSEL OF RECORD OF THIS PARTY: To Be Deterniined, together with Heston V. Husler 926 Doubling Gap Road Newville, PA 17241 ANSWER TO COMPLAINT 1. This is in response to the court document (Complaint/Civil Action 05-3884) received on August 8, 2005, regarding a lawsuit filed in your court by William T. Molczan, Esq. representing the R.H. Donnelly Publishing Company. The complaint is against Joe S. Ruda and Heston V. Husler, both allegedly doing business as Aqua Blue Pools. The suit asks for payment of charges incurred for advertisements in telephone book "Yellow Pages" during the period April 2003 to January 2004 and for additional related charges. 2. I, Heston V. Husler, have not been connected with Aqua Blue Pools or with Mr. Joe S. Ruda since August 9, 1995, and have signed agreements to that effect sworn before a local District Justice. (See copy attached) 3. The aforementioned agreements transfer full ownership of Aqua Blue Pools to Mr. Ruda on August 9, 1995 and stipulate that Heston V. Husler is "free and clear of all operations and obligations from that date forward." Accordingly, I was not involved in any agreement with Mr. Ruda or R H. Donnelly Publishing Company regarding "Yellow Pages" advertisements during the period indicated in the lawsuit mentioned above. 4. With reference to the Plaintiff 's Compliant, Paragraphs 3, 4, 5,7, 8 and 10 are in error as the pertain to Heston V. Husler. Specifically: (Par 3) Heston V. Husler is not engaged in business as Aqua Blue Pools and has not been since August 1995; (Par 4) Mr. Husler did not request the goods and services mentioned by the Plaintiff nor did he receive them or have any knowledge of them; (Par 5) Mr. Hulser did not receive or accept the aforementioned services; (Par 7) Mr. Husler never agreed to pay for such services nor was he ever asked to do so; (Par 8) Mr. Husler denies owing the Plaintiff anything; and (Par 10) Mr. Husler denies receiving billing statements from Plaintiff or ever being contacted by him in this matter prior to receiving court notice. 5. Defendant requests reimbursement for expenses involved since the suit was filed without adequate research by Plaintiff regarding the ownership of Aqua Blue Pools and the noninvolvement of Defendant Heston V. Husler. 6. The complaint against me is totally without merit and I, with my attorney, will defend myself in the courtroom should this case come to trial. Memorandum of Agreement for Transfer of Ownership This is a agreement between Joseph Ruda and Heston V. Husler, both of Cumberland County, Pennsylvania, regarding a transfer of ownership of Aqua Blue Pools, a business located in Cumberland County, Pennsylvania. It is hereby mutually agreed by said Joseph Ruda and Heston V. Husler that effective ' ii, Wit- 9 /s g ?, their co-ownership of said Aqua Blue Pools shall termMate and that Joseph Ruda then becomes the sole owner and operator of Aqua Blue Pools. They also agree that Heston V. Husler will relinquish forever his interests in the ownership of Aqua Blue Pools to Joseph Ruda for the consideration of one dollar ($1.00), and that Heston V. Husler will remain free and clear of all operations and obligations of said company from this date forward. / V,-,o ? sephvRuda Heston V Husler 'Dvs sLU4 . 3? ?a : ° jots is puo? 1 kAess' v, CLO wh" , n ass ce,,,??y J? Cu ? ? 2 cekl"?1y??????? copy a? q M?taM? e F?cKI' a? v ?s q ?r?Q carve' oh? co. e? Cop OT )ke- 0o?q\nC\ ih- v a 0 -?T ?eco?o S? Y 11? ?? `F?"? ac N Q . c1 CJt Ytt `C/ W Y t ? 6 " h) p SHERIFF'S RETURN - REGULAR Cf?SE NO: 2005-03884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DONNELLY RH PUBLISHING VS RUDA JOSEPH S ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HUSLER HESTON U the DEFENDANT , at 1240:00 HOURS, on the 8th day of August , 2005 at 926 DOUBLING GAP ROAD NEWVILLE, PA 17241 by handing to VICKY HUSLER, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 25.60 Sworn and Subscribed to before me this (i- day of d ht O A.D. Prot on tary So Answers: R. Thomas Kline 08/22/2005 WELTMAN WEINBERG REIS By: z? /?J -) D p y he i f f SHERIFF'S RETURN - REGULAR CASE NO: 2005-03884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DONNELLY RH PUBLISHING VS RUDA JOSEPH S ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RUDA JOSEPH S the DEFENDANT , at 2111:00 HOURS, on the 19th day of August , 2005 at 65 DEVONSHIRE DRIVE CARLISLE. PA by handing to JOSEPH RUDA a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.00 Affidavit .00 Surcharge 10.00 .00 32.00 Sworn and Subscribed to before me this day of V A.D. Pro a So Answers: R. Thomas Kline 08/22/2005 WELTMAN WEINBERG REIS By: Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLEY PUBLISHING Plaintiff vs. JOSEPH S. RUDA AND HESTON U HUSLER both individually and d/b/a AQUA BLUE POOLS Defendants No. 05-3884-CIVIL PRAECIPE FOR DEFAULT JUDGMENT AS TO JOSEPH S. RUDA ONLY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR403791061 Judgment Amount $ 7124.25 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLEY PUBLISHING Plaintiff vs. Civil Action No.05-3884-CIVIL JOSEPH S. RUDA AND HESTON U HUSLER both individually and d/b/a AQUA BLUE POOLS Defendants PRAECIPE FOR DEFAULT JUDGMENT AS TO JOSEPH S. RUDA TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, above named, in the default of an Answer, in the amount of $7124.25 computed as follows: Amount claimed in Complaint $6920.12 Interest from APRIL 26, 2005 to OCTOBER 28,2005 at the legal interest rate of 6% per annum $ 204.13 TOTAL $7124.25 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: / l WILLIAM T. MOLCZAN SQUIRE PA I.D.#47437 Wellman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03791061 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 65 DERBYSHIRE DRIVE CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLEY PUBLISHING Plaintiff VS. Civil Action No. 05-3884-CIVIL JOSEPH S. RUDA AND HESTON U HUSLER both individually and d/b/a AQUA BLUE POOLS Defendants NOTICE OF JUDGMENT OR ORDER AS TO JOSEPH S. RUDA ONLY TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on__zt)_cxZ -291 oZ66Z (xx) Assumpsit Judgment in the amount of $7124.25 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary BY: PRO (0)NOTARY JOSEPH S RUDA 65 DERBYSHIRE DRIVE CARLISLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t" Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLEY PUBLISHING Plaintiff vs. JOSEPH S. RUDA AND HESTON U. HUSLER both individually and d/b/a AQUA BLUE POOLS Defendant TO: JOSEPH S RUDA 65 DERBYSHIRE DRIVE CARLISLE,PA 17013 Date of Notice: / 6// )/O? Civil Action No. 05-3884-CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE; TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 WELTMAN, WEIN13ERG & REIS CO., L.P.A. By: v v William T. Mo czan PA I.D. #47437 WELTMAN, WEINBERG & 11SCO-L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03791061 ?Y IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLEY PUBLISHING Plaintiff vs. JOSEPH S. RUDA AND HESTON U HUSLER both individually and d/b/a AQUA BLUE POOLS Defendants Case no: 05-3884-CIVIL NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JOSEPH S. RUDA is not in the military service. Affiiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JOSEPH S. RUDA is not in the military service. Further Affiant sayeth naught. AFF ANT presence this of ?j This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. SWOI?N;"1:0 AND SUBSCRIBED in my day Ivy=a tai Deal i WendV l Gault ?L+r+ F? ?? t NOTARY BL[ - w`?' ty0 r' mP?tis'l .?' o? g i rxc, A ?h ?; -:F ?t ? p ___ 1 RegtTest for Military Status Page 1 of 1 NOV-23-2005 08:12:36 Last Name First/Middle Begin Date Active Duty Status Service/Agency RUDA Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military. Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are most strongly encouraged to contact us by phone at (703-696-6762). We will then conduct further research. Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you. This response reflects current active duty status only. For historical information, please contact the military services SCRA point of contact. See: hqp./LWWW.defenselink.mil/faq/Tist/?PCQ9SI?DR.,Iitml. Report ID:BJIARYNRMBU https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/23/2005 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLEY PUBLISHING Plaintiff vs. No. 05-3884-CIVIL PRAECIPE FOR WRIT OF EXECUTION AS TO JOSEPH RUDA i/a/d/b/a AQUA BLUE HESTON U HUSLER and JOSEPH S. RUDA i/a/d/b/a AQUA BLUE POOLS SALES AND SERVICES Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#03791061 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLEY PUBLISHING Plaintiff VS. Civil Action No. 05-3884-CIVIL. HESTON U HUSLER and JOSEPH S. RUDA i/a/d/b/a AQUA BLUE POOLS SALES AND SERVICES Defendants PRAECIPE FOR WRIT OF EXECUTION AS TO JOSEPH RUDA i/a/d/b/a AQUA BLUE TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Joseph S. Ruda Ua/d/b/a Aqua Blue Pools Sales & Services, Defendant &E l?€ibysleaF 6"00 1 ?anGa(4, W 0012 3. Judgment Amount P(C ??Fizs a C_ PfZ013":'Lly $ 7,124.25 Interest $ 613.53 Costs $ 12160 SUBTOTAL: $ 7,860.38 Costs (to be added by Prothonotary): $ By PA I.D. #47437 WF,LTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WELTMAN, WE NBERG & REIS CO., L.P.A I/V ?? William T. Moiczan, E uire . ?j 90 n 14 C) c O -TI ? m r W C? WWR403791061 WRIT OF EXECUTION and)or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3884 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RH DONNELLEY PUBLISHING, Plaintiff (s) From HESTON U. HUSLER AND JOSEPH S. RUDA I/A/D/B/A AQUA BLUE POOLS SALES AND SERVICES, 65 DERBYSHIRE DRIVE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF JOSEPH S. RUDA I/A/D/B/A AQUA BLUE POOLS SALES & SERVICES, 65 DERBYSHIRE DRIVE, CARLISLE, PA 17013. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,124.25 L.L. $.50 Interest $613.53 Art %s Comm % Atty Paid $139.60 Plaintiff Paid Date: MAY 15, 2006 (Seal) Due Prothy $1.00 Other Costs $122.60 CURTIS R. LONG Prothonotary By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor Dear Sir, July 24, 2006 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant RH Donnelley Publishing / vs ?/ Joseph S. Ruda, et al. Writ No. 2005-3884 Civil Term Property Claim Determination Reference is made to Property Claim dated July 14, 2006, entered by Terri L. Ruda, pertaining to Writ of Execution No. 2005-3884 Civil RH Donnelley Publishing -vs- Joseph S. Ruda, et. al. R. Thomas Kline, Sheriff, has determined that the claimant, Terri L. Ruda, in the above mentioned property claim, is prima facie the owner of the property set forth therein. we R. Thomas Kline, Sheriff B d ?a?Vc,/ of OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 William Molczan, Atty for Pltff cc: Joseph S. Ruda, et. al., Deft. Terri L. Ruda, Claimant PROPERTY CLAIM. I -) e S v TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania (Writ No. _) ?- 32e The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE u.? %?o Lc'?yf1 J? J gar ?P? 1:71R (tl Z-/ <2HA[9- l s'u41ICJ' c?s?-o • • "" - V C P l? -r'o 75 r? o THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: Date °'j! Claimant State of Pennsyly a: r,,,,,,+,, of r•,,-. ,,.;a 100, "." A 1,_ = ??.. of above list* the property claim are correct and S?wo s b c to before me T'° r, -7o t - r& being duly sworn accprK. 06, ©O C), -'-c3to law, deposes and says that the ?P? 6V?'-S?Cctr//5'0-1 Claimant No ^u 14 t A) 0 Lill v f?n?sr Is ?c ?-i2 l L r? To R S'To c>c 60 A s N C,-- 'Dov, YL? le- I' ©As454 /3& p poor 13 C f'f l4 (IeS L.? 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NEIL, Notary Public Boro of Carlisle, Cumberland County My Commission Expires Nov, 24, 2009 NOTICE OF PROPERTY CLAIM RH Donnelley Publishing In the Court of Common Pleas of Cumberland County, Pennsylvania VS Joseph S. Ruda I/A/D/B/A Aqua Blue Pools Sales & Services No. 2005-3884 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by, Terri L. Ruda, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 07/13/06 Sheriff of Cumberland County BY `K-zde.[? Cc Willaim Molczan, Pltff Joseph S. Ruda, et. al., Deft. Terri L. Ruda, Claimant Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 85.58 Docketing 18.00 $ 64.42 Poundage 1.68 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 08/07/06 Mileage 4.40 Surcharge 40.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 85.58 ? 9 ?? d4 ?- So Answers.. R. Thomas Kline, Sheriff Ql,t i c? q - & L1 By Claudia A. Brewbaker W? Z fi ?b b b I A bW 9001 ?_ vcl rty 1 5D of K5v s'1 / p 2 !?' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3884 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RH DONNELLEY PUBLISHING, Plaintiff (s) From HESTON U. HUSLER AND JOSEPH S. RUDA I/A/DB/A AQUA BLUE POOLS SALES AND SERVICES, 65 DERBYSHIRE DRIVE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF JOSEPH S. RUDA I/A/D/B/A AQUA BLUE POOLS SALES & SERVICES, 65 DERBYSHIRE DRIVE, CARLISLE, PA 17013. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,124.25 Interest $613.53 Atty's Comm % Atty Paid $139.60 Plaintiff Paid Date: MAY 15, 2006 L.L. $.50 Due Prothy $1.00 Other Costs $122.60 URTIS R. LONG Prothonotary (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 By: Deputy ,go I. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLEY PUBLISHING Plaintiff vs. No. 05-3884-CIVIL PRAECIPE TO SETTLE, DISCONTINUE & END HESTON U HUSLER and JOSEPH S. RUDA i/a/d/b/a AQUA BLUE POOLS SALES AND SERVICES FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire Pa. I.D. No. 42524 Weltman, Weinberg & Reis, Co, LLC 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR WWR#03791061 to ` IN THE COURT OF COMMON :PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RH DONNELLEY PUBLISHING Plaintiff vs. Civil Action No. 05-3884-CIVIL HESTON U HUSLER and JOSEPH S. RUDA i/a/d/b/a AQUA BLUE POOLS SALES AND SERVICES Defendant PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End without prejudice the above captioned matter upon the records of the Court and mark the cost paid. Sworn to and s Before me the Day of 20 6 N TARY P IC WELTMAN, WEINBERG & REIS CO., L.P.A. By: 'i James C. W rodt, Esquire Pa. I.D. No 425 4 Weltman' ein rg & Reis, Co, LLC 2718 Ko pers ilding 436 7venu Pittsborgh, A 15219 Notarial Seal dy L. Gault, Notary Public City Of Pittsburgh. Allegheny County L yCarwftsion Eowk* 15.2010 mornb6t„ [1ifSykti2F1[2 ?e?aR Jx: =ire ?` t?f wJC r3rir WWR WWR#03791061 o 0 -q - C ) ID CD IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JOSEPH S. RUDA JOSEPH S. RUDA 1-06-bk-01882/MDF Movant(s) V. Chapter 13 RH Donnelley Publishing c/o William T. Molczan, Esquire 2718 Koppers Building 436 Seventh Ave. Pittsburgh, PA 15219 Defendant(s) ORDER The Debtor's motion to avoid a judicial lien is hereby approved. The judicial lien filed in the Court of Common Pleas of Cumberland County, Pennsylvania at RH Donnelley Publishing v. Joseph S. Ruda, number 05-3884, civil action-law, is hereby avoided. BY *e Court, This documentis ekctmnicalty signed and filed on the some date. Dated: July 26, 2007 CERTIFIED FROM THE RECORD this, 10 1), day of_ Autlys4 2001 Clark, U.S. Bankruptcy Court Per Deputy Cierk J cr,