Joseph Pilchesky and IN THE COURT OF COMMON PLEAS

Carmen F. Bonacci, OF LACKAWANNA COUNTY

Plaintiffs

v. CIVIL ACTION – AT LAW

Office of the Tax Bureau of Lackawanna County,

Ronald Koldjeski, Director,

City of Carbondale, Office of the Mayor, Justin Taylor

and Michael Staples, No. 4297-CV- 2012

Defendants

MOTION TO COMPEL DEFENDANT OFFICE OF THE TAX BUREAU OF LACKAWANNA COUNTY, RONALD KOLDJESKI, DIRECTOR, TO ANSWER INTERROGATORIES AND REQUEST FOR DOCUMENTS

NOW COME, the Plaintiffs, on this 22nd day of January, 2015, with their Motion to Compel Defendants Office of the Tax Bureau of Lackawanna County, Ronald Koldjeski, Director, Michael Staples and City of Carbondale, Office of the Mayor, Justin Taylor, to Answer Interrogatories and Request for Documents, and in support thereof, submits as follows:

  1. On or about July 16, 2012, the Plaintiffs filed a Complaint and Request for Injunctive Relief at the above-captioned term number and served the same upon the Defendants.
  2. The gist of the Plaintiffs’ Complaint is that Defendant Tax Bureau inadvertently, and illegally, sold an active public park located in the City of Carbondale to Defendant Staples for $1800.00. City of Carbondale is an indispensible party.
  3. On July 20, 2012, before the Honorable Judge Nealon, the parties entered an agreement to Stay the Proceedings for two years pending the disposition of an issue between Defendant Staples and the remaining Defendants relating to compensation due to Defendant Staples for the return of a public park, however, no terms could be reached regarding the compensation.
  4. On or about September 17, 2014, Defendant Lackawanna County Tax Bureau, Ronald Koldjeski, Director, filed an Answer and New Matter to the Complaint.
  5. Defendant Michael Staples has not yet filed an answer or objections to the Complaint.
  6. Defendant City of Carbondale, Office of the Mayor, Justin Taylor, has not yet filed an answer or objections to the Complaint.
  7. On December 8, 2014, the Plaintiffs propounded upon the Defendant Office of the Tax Bureau of Lackawanna County, Ronald Koldjeski, Director, their First Set of Interrogatories and Request for Documents. See Exhibit “A”
  8. On December 8, 2014, the Plaintiffs propounded upon the Defendant Michael Staples their First Set of Interrogatories and Request for Documents. See Exhibit “B”
  9. On December 8, 2014, the Plaintiffs propounded upon Defendant City of Carbondale, Office of the Mayor, Justin Taylor, their First Set of Interrogatories and Request for Documents. See Exhibit “C”
  10. Defendant Office of the Tax Bureau of Lackawanna County, Ronald Koldjeski, Director, has failed to answer the Plaintiffs’ First Set of Interrogatories and Request for Documents in violation of the Rules of Civil Procedure pursuant to 4006.
  11. Defendant Michael Staples has failed to answer the Plaintiffs’ First Set of Interrogatories and Request for Documents in violation of the Rules of Civil Procedure pursuant to 4006.
  12. DefendantCity of Carbondale, Office of the Mayor, Justin Taylorhas failed to answer the Plaintiffs’ First Set of Interrogatories and Request for Documents in violation of the Rules of Civil Procedure pursuant to 4006.
  13. The Defendants were required to respond to the Plaintiffs’ First set of Interrogatories and Request for Documents within thirty (30) days.
  14. The Plaintiff’s First Set of Interrogatories and Request for Documents were prepared and served upon all of the Defendants named herein in full compliance with the Rules of Civil Procedure.
  15. The Plaintiffs had a right to propound discovery upon the Defendants under R.C.P. 4003.1 and 4003.3 and 4005 (a).
  16. The Discovery information the Plaintiffs seek is not privileged.
  17. The Discovery information the Plaintiffs seek is either in the possession and custody of the Defendants or they have control and authority over its production and delivery.
  18. The Plaintiffs will be prejudiced without obtaining the Discovery information sought in the First Set of Interrogatories and Request for Documents.
  19. The Defendants will suffer no prejudice by responding to the Plaintiffs’ First Set of Interrogatories and Request for Documents.

WHEREFORE, the Defendants have the Discovery information being sought in their custody and possession or they have the resources to secure and deliver it to the Plaintiffs and failed to provide the said Discovery. The Plaintiffs respectfully requests that the Court direct the Defendantsto fully answer all Interrogatories and Requests for Documents within ten (10) days.

Respectfully submitted

______

Joseph Pilchesky, Plaintiff

819 Sunset St.

Scranton, PA 18503

570-591-4300

______

Carmen F. Bonacci, Plaintiff

37 Hemlock St.

Carbondale, PA 18407

CERTIFICATE OF SERVICE

This is to certify that we, Joseph Pilchesky and Carmen Bonacci, Plaintiffs, did serve a true and correct copy of the foregoing Motion to Compel Defendants to Respond to Interrogatories and Request for Documents upon the parties listed below on this 15th day of January, 2015, by placing the same into the U.S. Mail, first class prepaid postage:

Todd Johns, Esq. (for Carbondale) Joseph Joyce, Esq. (for County/Tax Bureau)

980 Scr/Carbondale Hwy. Suite 202, 201 Penn Ave.

Archbald, PA 18403 Scranton, PA 18503-1644

Michael Staples (pro se)

17 Cottage Ave.

Carbondale, PA 18407

______

Joseph Pilchesky, Plaintiff

819 Sunset St.

Scranton, PA 18509

______

Carmen F. Bonacci, Plaintiff

37 Hemlock St.

Carbondale, PA 18407

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