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Payne v. Gavor

July 11, 2006

THOMAS E. PAYNE, PLAINTIFF,
v.
HAROLD DENNIS GAVOR, DEFENDANT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

District Judge Thomas M. Rose

RENEWED ORDER OF JUDGMENT DEBTOR EXAMINATION

This is a judgment debtor examination proceeding relating to the judgment recovered by Plaintiff against Defendant in Case No. 3:02-cv-531 in this Court. On May 25, 2006, the Court ordered Defendant to appear for a judgment debtor examination on June 21, 2006, at 1:30 p.m. At that time, Defendant failed to appear. Plaintiff has now filed proof that, as ordered by the Court, he sent the Order for Judgment Debtor Examination (Doc. No. 6) to the Defendant by certified mail on June 17, 2006. The United States Postal Service left notice of the mail at the address given to the Court for Defendant, to wit, 4022 Corinth Boulevard, Dayton, Ohio. However, the mail has been returned unclaimed.

IT IS ACCORDINGLY ORDERED, that Harold Dennis Gavor appear at U.S. District Court, 200 West Second Street, Courtroom #4, Fifth Floor, Dayton, Ohio 45402 on Wednesday, July 26, 2006, at 9:00 a.m. and answer questions concerning his assets, income, expenditures, credits, personal and real property, and bring all financial books, records, accounts, affairs and all business transactions of the Debtor, in particular the past five years income tax records of any state and United States District Court for the Southern District of Ohio Western Division at Dayton federal income tax records, including all bank account statements, before the undersigned.

Defendant is cautioned that failure to appear as ordered may result in the issuance of an order to show cause why he should not be held in contempt of court for failure to respond. The Court may in appropriate circumstances enforce appearance on the a contempt matter by arrest warrant.

The Clerk shall serve this Order by ordinary first class mail.

Michael R. Merz Chief United States Magistrate Judge

20060711

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