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HomeMy WebLinkAbout08-3891ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and : IN THE COURT OF COMMON PLEAS ELDON L. JOINER, by and through his CUMBERLAND COUNTY Power of Attorney, CHARLES E. JOINER, PENNSYLVANIA Plaintiffs, : CIVIL ACTION - LAW v. RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, No. pg 3 ?9? C'' JURY TRIAL DEMANDED Defendants. 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 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 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP: Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ?- Dated: June 25, 2008 By: Thomas A. Archer, Esquire PA Atty. ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Plaintiffs r ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire PA ID #: 73293 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and : IN THE COURT OF COMMON PLEAS ELDON L. JOINER, by and through his CUMBERLAND COUNTY Power of Attorney, CHARLES E. JOINER, : PENNSYLVANIA Plaintiffs, CIVIL ACTION - LAW V. Cl 7?;?- No. O P. 3 F 91 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. COMPLAINT BACKGROUND 1. Plaintiff, KENNETH F. LLOYD ("Lloyd"), is an adult individual residing at 4 Lincolnshire Court, City of Durham, State of North Carolina. 2. Plaintiff, ELDON L. JOINER ("Joiner"), is an adult individual residing at 118 Sunnyside Avenue, Town of Waynesboro, County of Franklin, Commonwealth of Pennsylvania. 3. The claims brought herein on behalf of Joiner are by and through Joiner's Power of Attorney, CHARLES E. JOINER, and adult individual residing at 660-7 Geneva Drive, Town of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania. A true a correct copy of Joiner's Power of Attorney is attached hereto and incorporated by reference as Exhibit «A " 4. For purposes of this Complaint, all claims of Eldon L. Joiner may be referred to as "Joiner." 5. Defendant, RICHARD PATTERSON ("Patterson"), through information and belief, is an adult individual residing at 345 9 h Street, Borough of New Cumberland, County of Cumberland, Commonwealth of Pennsylvania. 6. At all relevant times, Patterson acted and did business under the fictitious trade names of HERR'S USED CARS ("Herr's") and BACKROADS SELECT PREOWNED VEHICLES (`Backroads") (Collectively referred to herein with Patterson as "Defendant" or "Defendants"). 7. At all relevant times herein, Patterson, individually and/or through Herr's and/or Backroads operated a business of selling cars on consignment on behalf of third parties. 8. Patterson held himself out to Lloyd, Joiner and others as a competent and experienced in the aforementioned line of business. 9. Lloyd and Joiner further trusted Patterson because Patterson was the husband of a co-worker and close friend of Lloyd and Charles Joiner. 10. On or about March 21, 2007, Patterson, individually and/or trading as Herr 's, agreed to sell Lloyd's 1999 Porsche, VIN #' WPOAA2999XS620116 ("Porsche"), on Lloyd's behalf, for the flat fee of one-thousand three-hundred dollars ($1,300.00). 2 11. Patterson's agreement with Lloyd was memorialized in a written e-mail exchange dated March 21, 2007. A true and correct copy of the e-mail confirmation is attached hereto and incorporated herein by reference as Exhibit "B." 12. Patterson represented to Lloyd that Patterson would be able to sell the Porsche for thirty-six thousand dollars ($36,000.00). 13. Lloyd reasonably believes, and therefore avers, that the fair market value of the Porsche in Central Pennsylvania was at least thirty-six thousand dollars ($36,000.00) at the time of Patterson's agreement with Lloyd and at the time Patterson took possession. 14. The terms of the agreement were that in exchange for the flat fee of one-thousand three-hundred dollars ($1,300.00), Patterson would sell Lloyd's Porsche to a third party and remit the entire sales price to Lloyd. 15. On or about March 31, 2007, Patterson traveled to Lloyd's home in North Carolina, took possession of the Porsche and brought it back to Pennsylvania for the purpose of selling it on Lloyd's behalf. 16. On or about April 19, 2007, Patterson represented to Lloyd that Patterson had sold the Porsche to a third party. 17. Patterson did not reveal the purchase price to Lloyd. 18. Thereafter, Lloyd began contacting Patterson for his money. 19. At various times between April 19, 2007 and April 25, 2007, Patterson represented to Lloyd that Patterson would be remitting a check for the purchase price to Lloyd. 3 20. On or about April 25, 2007, Lloyd sent an e-mail to Patterson, to which Patterson responded that Patterson had misplaced the check and that Patterson would send it out on April 27`'. 21. On or about May 3, 2007, after the check did not arrive, Lloyd again inquired of Patterson as to the status of the check. 22. During the course of that conversation, Patterson agreed to cancel the check and send another via overnight delivery. 23. Despite Lloyd's inquiries, Patterson refused to provide Lloyd with the purchase price for the Porsche. 24. Patterson later revealed that he had sold the Porsche, allowing the purchaser to trade him a Mercedes - the value of which is unknown to Lloyd - as part of the remittance for the Porsche. 25. At no time did Lloyd authorize Patterson to take a trade for the Porsche. 26. On or about May 7, 2007, Lloyd received a check from Patterson in the amount of twenty-four thousand five-hundred dollars ($24,500.00). 27. Despite Lloyd's repeated demands for the balance of the value of the Porsche, Paterson refuses to remit anything further to Lloyd. 28. Patterson never intended to remit Lloyd the fair market value of the Porsche, despite assuring Lloyd that he would be able to sell the Porsche for thirty-six thousand dollars ($36,000.00). 29. Patterson never advised Lloyd that he would trade the Porsche for another vehicle. 4 30. Patterson's statement that he would sell the Porsche for thirty-six thousand dollars ($36,000.00) and statement that Patterson would sell the car, as opposed to taking a trade, constitute material misrepresentations by Patterson to Lloyd. 31. Lloyd reasonably relied upon the misrepresentations of Patterson to his detriment. 32. As a result of Patterson's fraud, deceit and misrepresentations, Lloyd lost the benefit of the difference between the value of the Porsche and the funds actually remitted by Patterson to Lloyd. 33. Some time in the Spring of 2006, Patterson, individually and/or trading as Backwoods Select Preowned Vehicles, met with Eldon L. Joiner and offered to purchase a 1968 Volkswagen Beetle ("VW') convertible that was owned by Joiner. 34. The agreed-upon purchase price was eight thousand dollars ($8,000.00). 35. Charles Joiner held his father's Power of Attorney, and was authorized to act on his father's behalf. 36. Patterson caused the VW to be picked up at Joiner's home in Waynesboro, Pennsylvania. 37. After Patterson had possessed the VW for several weeks, Joiner and/or Charles Joiner contacted Patterson for payment. 38. Patterson sent Joiner a check, made payable to "Eldon Joiner," dated July 7, 2006 in the sum of eight thousand dollars ($8,000.00). 39. The check was deposited shortly after receipt and returned for insufficient funds. A true and correct copy of the returned check is attached hereto and incorporated herein by reference as Exhibit "C." 5 40. Joiner incurred a $10 returned check fee. 41. Upon contacting Patterson, Patterson advised Joiner and/or Charles Joiner that he was sorry and directed Joiner to redeposit the check as soon as Patterson confirmed the funds were available. 42. Despite numerous requests by Joiner and Charles Joiner, Patterson failed to advise Joiner that the funds were available and has never remitted replacement funds on the bad check. 43. At various times, Patterson has provided excuses for non-payment, including health and cash flow issues. 44. In light of Charles Joiner's relationship with Patterson's wife, Joiner refrained from taking further action. 45. Joiner reasonably believes, and therefore avers, that Patterson never intended to remit payment for the VW. 46. Patterson's representations that Patterson would remit the sum of eight thousand dollars ($8,000.00) and promises to replace the check returned for insufficient funds represent material misrepresentations by Patterson upon which Joiner relied to his detriment. 47. Despite repeated demand s for payment, Patterson refuses to pay Joiner for the vehicle. COUNT I - BREACH OF CONTRACT LLOYD VS. DEFENDANTS. RICHARD PATTERSON And HERR'S USED CARS 48. Plaintiff repeats and incorporates by reference herein the allegations contained in Paragraphs 1 - 47 as if set forth at length. 6 49. The agreement between Lloyd and Patterson, whereby Patterson agreed to sell Lloyd's Porsche for the sum of thirty-six thousand dollars ($36,000.00) in exchange for Lloyd's agreement to pay Patterson and/or Herr's the sum of one-thousand three-hundred dollars ($1,300.00) constituted a contract for valuable consideration. 50. Patterson and/or Hess breached the contract by failing to perform as promised and failing to remit the value of the Porsche to Lloyd. 51. Despite Plaintiff's demands for repayment of the funds, Defendants have refused to pay Plaintiff the sums owed to Plaintiff by the Defendants. 52. As a result, Lloyd has been damaged by the loss of the Porsche, including the difference in the fair market value of the Porsche and the sums remitted by Defendants. WHEREFORE, Plaintiff, Kenneth F. Lloyd, seeks judgment in its favor against Defendants, Richard Patterson and Herr's Used Cars, for the sum of $11,500.00, together with costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. COUNT II - UNJUST ENRICHMENT LLOYD VS. DEFENDANTS. RICHARD PATTERSON And HERR'S USED CARS 53. Plaintiff repeats and incorporates by reference herein the allegations contained in Paragraphs 1 - 52 as if set forth at length. 54. The Defendants have received and benefited from the Porsche taken from Lloyd by the Defendants. 7 55. The Plaintiff has been deprived of the use and enjoyment of the Porsche taken by the Defendants, such that the failure of Defendants to remit to Lloyd the value of the vehicle would be unjust. WHEREFORE, Plaintiff, Kenneth F. Lloyd, seeks judgment in its favor against Defendants, Richard Patterson and Herr's Used Cars, for the sum of $11,500.00, together with costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. COUNT III - CONVERSION LLOYD VS. DEFENDANTS. RICHARD PATTERSON And HERR'S USED CARS 56. Plaintiff repeats and incorporates by reference herein the allegations contained in Paragraphs 1 - 55 as if set forth at length. 57. Lloyd allowed Defendants to take possession of the Porsche solely so that the Defendants could sell the car to a third party on Lloyd's behalf. 58. The Defendants have unlawfully converted the Porsche to their own use and have profited thereby. 59. Defendants' conversion of the Porsche has damaged Lloyd as aforesaid. WHEREFORE, Plaintiff, Kenneth F. Lloyd, seeks judgment in its favor against Defendants, Richard Patterson and Herr's Used Cars, for the sum of $11,500.00, together with costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. 8 COUNT IV - FRAUD LLOYD VS. DEFENDANTS, RICHARD PATTERSON And HERR'S USED CARS 60. Plaintiff repeats and incorporates by reference herein the allegations contained in Paragraphs 1 - 59 as if set forth at length. 61. Patterson, individually and doing business as Herr's, knowingly made material misrepresentations of fact to Lloyd as averred herein. 62. Lloyd reasonably relied upon the misrepresentations of Defendants to his detriment. 63. Lloyd has been damaged thereby, as alleged herein. WHEREFORE, Plaintiff, Kenneth F. Lloyd, seeks judgment in its favor against Defendants, Richard Patterson and Herr's Used Cars, for the sum of $11,500.00, together with punitive damages, treble damages, costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. COUNT V - VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 PA C.S.A. Section 201-1, et sep LLOYD VS. DEFENDANTS, RICHARD PATTERSON And HERR'S USED CARS 64. Plaintiff repeats and incorporates by reference herein the allegations contained in Paragraphs 1 - 63 as if set forth at length. 65. This claim is brought under the Pennsylvania Unfair Trade Practices and Consumer Protection Law hereinafter ("the UTPCPL"), Section 73 PA C.S.A. Section 201-1, et seq. 9 66. The sale of the property is within the regulation of the UTPCPL as that statute defines trade as including the sale and distribution of any services and any property, tangible, intangible, real, personal or mixed. 67. Patterson, individually and doing business as Herr 's, made material misrepresentations of fact to Lloyd, upon which Lloyd reasonably relied as averred herein. 68. Lloyd has been damaged thereby, as alleged herein. WHEREFORE, Plaintiff, Kenneth F. Lloyd, seeks judgment in its favor against Defendants, Richard Patterson and Herr's Used Cars, for the sum of $11,500.00, together with punitive damages, treble damages, costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. COUNT VI - BREACH OF CONTRACT ELDON JOINER VS. DEFENDANTS. RICHARD PATTERSON And BACKROADS SELECT PREOWNED VEHICLES 69. Plaintiff repeats and incorporates by reference herein the allegations contained in Paragraphs 1 - 68 as if set forth at length. 70. The agreement between Joiner and Patterson and/or Backroads, whereby Patterson agreed to purchase Joiner's VW for the sum of eight thousand dollars ($8,000.00) constituted a contract for valuable consideration. 71. Patterson and/or Backroads breached the contract by failing to pay the sum of eight thousand dollars ($8,000.00) as agreed. 72. Joiner fully performed the terms of the agreement. 73. Despite Plaintiff's demands for repayment of the funds, Defendants have refused to pay Plaintiff the sums owed to Plaintiff by the Defendants. 10 74. As a result, Joiner has been damaged in the amount of $8,010.00 as alleged herein.. WHEREFORE, Plaintiff, Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner, seeks judgment in its favor against Defendants, Richard Patterson and Backroads Select Used Vehicles, for the sum of $8,010.00, together with interest, costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. COUNT VII - UNJUST ENRICHMENT ELDON JOINER VS. DEFENDANTS, RICHARD PATTERSON And BACKROADS SELECT PREOWNED VEHICLES 75. Plaintiff repeats and incorporates by reference herein the allegations contained in Paragraphs 1 - 74 as if set forth at length. 76. The Defendants have received and benefited from the VW taken from Joiner by the Defendants. 77. The Plaintiff has been deprived of the use and enjoyment of the VW taken by the Defendants, such that the failure of Defendants to remit to Plaintiff the value of the vehicle would be unjust. WHEREFORE, Plaintiff, Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner, seeks judgment in its favor against Defendants, Richard Patterson and Backroads Select Used Vehicles, for the sum of $8,010.00, together with interest, costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. 11 COUNT VIII - CONVERSION ELDON JOINER VS. DEFENDANTS. RICHARD PATTERSON And BACKROADS SELECT PREOWNED VEHICLES 78. Plaintiff repeats and incorporates by reference herein the allegations contained in Paragraphs 1 - 77 as if set forth at length. 79. Joiner released possession of the VW to Patterson and/or Backroads in anticipation that Patterson and/or Backroads would remit payment therefore. 80. The Defendants have unlawfully converted the VW to their own use and have profited thereby. 81. Defendants' conversion of the VW has damaged Joiner as aforesaid. WHEREFORE, Plaintiff, Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner, seeks judgment in its favor against Defendants, Richard Patterson and Backroads Select Used Vehicles, for the sum of $8,010.00, together with interest, costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. COUNT IX - FRAUD ELDON JOINER VS. DEFENDANTS. RICHARD PATTERSON And BACKROADS SELECT PREOWNED VEHICLES 82. Plaintiff repeats and incorporates by reference herein the allegations contained in Paragraphs 1 - 81 as if set forth at length. 12 83. Patterson, individually and doing business as Backroads, knowingly made material misrepresentations of fact to Joiner as averred herein. 84. Joiner reasonably relied upon the misrepresentations of Defendants to his detriment. 85. Joiner has been damaged thereby, as alleged herein. WHEREFORE, Plaintiff, Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner, seeks judgment in its favor against Defendants, Richard Patterson and Backroads Select Used Vehicles, for the sum of $8,010.00, together with punitive damages, treble damages, interest, costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. COUNT X - VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 PA C.S.A. Section 2014. et sea ELDON JOINER VS. DEFENDANTS RICHARD PATTERSON And BACKROADS SELECT PREOWNED VEHICLES 86. Plaintiff repeats and incorporates by reference herein the allegations contained in Paragraphs 1 - 85 as if set forth at length. 87. This claim is brought under the Pennsylvania Unfair Trade Practices and Consumer Protection Law hereinafter ("the UTPCPL"), Section 73 PA C.S.A. Section 201-1, et seq. 88. The sale of the property is within the regulation of the UTPCPL as that statute defines a trade as including the sale and distribution of any services and any property, tangible, intangible, real, personal or mixed. 13 89. Patterson, individually and doing business as Backroads, made material misrepresentations of fact to Lloyd as averred herein. 90. Joiner reasonably relied upon the misrepresentations of Defendants to his detriment. 91. Joiner has been damaged thereby, as alleged herein. WHEREFORE, Plaintiff, Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner, seeks judgment in its favor against Defendants, Richard Patterson and Backroads Select Used Vehicles, for the sum of $8,010.00, together with punitive damages, treble damages, interest, costs and attorneys' fees, and any other relief to which the Plaintiff is entitled as a matter of law or which the Court deems appropriate. DATE: June 25, 2008 By ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire PA ID #: 73293 2515 N. Front Street P.O. BOX 5056 Harrisburg, PA 17110-0056 717.233.8676 FAX 717.233.8675 tarcher@archerandarcher.com Attorney for Plaintiffs 14 Exhibit "A" NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. /D L ' DAT ELDON L. J` R KNOW ALL MEN BY THESE PRESENTS: That I, ELDON L. JOINER, having my legal residence at 118 Sunnyside Avenue, Waynesboro, Franklin County, Pennsylvania, have made, constituted and appointed, and by these presents do make, constitute and appoint daughter, CINDY J. JOINER, and my son, CHARLES E. JOINER, or either of them or the survivor of them, my true and lawful agents, to act as follows, that is to say: GIVING AND GRANTING unto my said agent full power to buy, receive, lease, accept or otherwise acquire; to sell, convey, mortgage, hypothecate, pledge, quitclaim or otherwise encumber or dispose of; to contract or agree to the acquisition, disposal or encumbrance of any property whatsoever and wheresoever situate, be it real, personal or mixed, or any custody, possession, interest, or right thereon or pertaining thereto, upon such terms as my said agent shall- think proper, that is to say: 1. To engage in tangible personal property transactions. 2. To engage in real property transactions including the power to make, execute, acknowledge and deliver good and sufficient deeds and conveyances for the same, either with or without covenants of warranty. 3. To engage in stock, bond and other securities transactions. 4. To engage in commodity and option transactions. 5. To engage in banking and financial transactions. 6. To borrow money. 7. To enter safe deposit boxes. 8. To engage in insurance transactions. 9. To engage in retirement plan transactions. 10. To handle interests in estates and trusts. 11. To pursue claims and litigation. 12. To receive government benefits. -2- 13_T6 pursue-tax matters. 14. To make limited gifts and, further, such other gifts, of whatever nature and in such amounts as my Agent, in my Agent's sole discretion, determines appropriate. I authorize my Agent to make such gifts even if contrary to the provisions of 20 Pa.C.S. Section 5601(e). The foregoing gifts may be made for and on my behalf to my daughter, CINDY J. JOINER, and my son, CHARLES E. JOINER, in equal shares, or all to the survivor of them; or, if no survivor, to the 'I beneficiaries under my Will then in effect in the order, proportion and manner of distribution set forth therein. J 15. To create a trust for my benefit, including the power to execute a deed of trust, designating one or more persons (including my agent) as original or successor trustees and transfer to the trust any or all property owned by me as my agent may decide, subject to the following conditions: A. The income and corpus of the trust shall be distributable to me or the guardian of my estate, or be applied for my benefit, and upon my death, any remaining balance of corpus and unexpended income of the trust shall be distributed to my estate. B. The deed of trust may be amended or revoked at any time and from time to time, in whole or in part, by my agent, provided that any such amendment by my agent shall not include any provisions which could not be included in the original deed. 16. , To make additions to an existing trust for my benefit. IT To claim an elective share of the estate of my deceased spouse. 18. To disclaim any interest in property. 19. To renounce fiduciary positions. 20. To withdraw and receive the income or corpus of a trust, including the power to: A. Demand, withdraw and receive the income or corpus of any trust over which I have the power to make withdrawals; B. Request and receive the income or corpus of any trust with respect to which the trustee thereof has the discretionary power to make distribution to me or on my behalf; and C. Execute a receipt and release or similar document for the property received under paragraphs A and B. -3- _-, o appoint successor agent if all of the agents in this power of Attorney are unable or unwilling to serve. 22. My agent shall be entitled to charge reasonable compensation for services rendered and expenses incurred from time to time and at any time during the term of this Power of Attorney. 23. This Power of Attorney shall not be affected by my subsequent disability, incapacity, or incompetence, since it is my desire that my daughter, CINDY J. JOINER, and my son, CHARLES E. JOINER, or either of them or the survivor of them, has the power to act on my behalf as my true and lawful agents should I become disabled, incapacitated or incompetent. 24. This Power of Attorney shall revoke all other Powers of Attorney heretofore made by me. GIVING AND GRANTING unto my said agent full power and authority to do and perform all and every act, deed, matter, and thing whatsoever in and about my estate, property, and affairs as fully and effectually to all intents and purposes as I might or could do in my own proper person if personally present, the above specially enumerated powers being in aid and exemplification of the full, complete, and general power herein granted and not in limitation or definition thereof; and hereby ratifying all that my said agent shall lawfully do or cause to be done by virtue of these presents. AND, I hereby declare that any act or thing lawfully done hereunder by my said agent shall be binding on myself, and my heirs, legal and personal representatives, and assigns; whether the same shall have been done before or after my death, or other revocation of this instrument, unless and until reliable intelligence or notice thereof shall have been received by my said agent. IN WITNESS WHEREOF, I, ELDON L. JOINER, have hereunto set my hand and seal this ?oi?? lug TNESS: . 2a - - ELDON L. J i On this, the . d 't-106C before me a Notary Public, the undersigned officer, personally appeared ELDON L. JOINER, knomm to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WBEREOF, I hereunto set my hand and official seal. A. Y PUBLIC' _ ,•" v4 - 7"-9 -0 FE A .. o Z %•,e`8 L 1 CI Co. VA I, CINDY J. JOINER, have read the attached power of attorney and am the person identified as the agent for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney or in 20 Pa.C.S., when I act as agent: I shall exercise the powers for the benefit of the principal. I shall keep the assets of the principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. Date CINDYjf R -5- 1 r A Exhibit "B" 1. r Wider: AUL rA new ask you to send us your pauvrord or Bred t cad nuraba is an emmii. This message tia; been scaaied ter known onsses. : From: Irn"dUlgaotcom To: racitrichard@cancasLnet Subject: Re: Commission, Date: Wed, 21 Mar 2007 4:28 PM Dear Rich - we will have to wait a while for me to settle ken's affairs. i will be holding the funeral on your scheduled visit. i know he would have wanted us to continue to have fun so maybe 36 holes of golf a day. The $1,300 flat fee will work. melinda -----Original Message----- From: racinrichard0comcast.net To: kflloyd01 aoi.com Sent: Wed, 21 Mar 2007 3:36 PM Subject: Commission Ken, This is what I would normally do: Go to Auction and take customer- Buy and el-cheapo car, say up to $5,000.00-1 play it by ear. Buy car from $5,001.00 to $15,000.00-$500.00 plus auction fees. Buy car $15,001 to $25,000.00----$800.00 plus auction fees. Buy car from $25,001 to $50,000.00-$1,300.00 plus auction fees. Buy car $50,001 to $100,000.00----$1,500.00 plus auction fees. Buy car $100,001.00 and up----$2,500.00 Auction fees are based on the selling price of the vehicle. They range from $125.00 at the bottom end to Thousands at the top end. The percentage the auction charges vary with the selling price. The have no set percentage. Anyhow, I think I should have the base figure for your car deal. How does and even $1,300.00 sound? I based that figure on your "Out Money" plus the fact that I'm going to get you the max out of your 1999 and it's all coming back to you. If I don't hear from you I will assume that you went into cardiac arrest when you read this and I will deal with Melinda 2 weeks after the funeral. She'll need some time to mourn and settle your estate. Regards, Rich http://webmail . aol .com/25698/aol/en-us/mail/display-message.aspx 5/3/2007 J,, • Exhibit "C" +RICHARD PATTERSON L'31320 1344 ` DBA BACKROADS SELECT PREOWNED VEHICLE S 362266118 I 1140 DILLERVILLE RD. w LANCASATER, PA 17601. i PAY TO THE h ORDER OF DOLLARS LJ?.... I LISTENING. MEMO 3 130 14 2 21: 36 2 2 66 1113,10 1 344 11'0000800000.1' i ADVICE FOR UNPAID DEPOSITED ITEMS Page 1 of 1 SB0608016-321 ACCT. NO. 1731071442-0 08/01/2006 OFFICE/BRANCH: 167/167 ACCOUNT TYPE: MONEY MARKET DDA ACCOUNT THE FOLLOWING ITEMS HAVE BEEN RETURNED. WE ARE CHARGING YOUR ACCOUNT FOR ITEMS # ITEMS: 1 RETURNED UNPAID AS LISTED BELOW AND AMOUNT: $8,000.00 A RETURN ITEM HANDLING FEE. FEE: $10.00 TOTAL: $8,010.00 Jo-v e J4ft m JL- I L OV Reafon: NSF m m k is-or Nor-%, in ELD JOI R B t 118 SUNNYSIDE AVE PO BOX 12646 WAYNESBORO PA 17268-2525 READING PA 19612 1-877-SOV-BANK T39dd SL98££2LTL 9d N3H38U GNU d3H9Nd £b:22 8002-92-90 86-26-2808 19:22 ARCHER Ato ARCHER PC 7172338675 PAGE1 VURIFICA ION i, Kamw& l;. Lloyd. hereby verify that the statements made in the: fmwing Complaint an true and Correct to the best of my knowledge, infvrrnation and belief. T understand that false stags herein are made subject to the penalties of 18 Fa. C.S. 34904, relating to unswom falsification to authorities. Date: J -d 0100-E*9-4Ti PROJI RWu 008 14:81 FAX 7179098812 INStMANCE ALLIANCE 10001/001 ? r 0. VERIFICATION I, Charles E. Joiner, hereby verify that the std made in the foregoing Complaint are true and correct to the best of my lmowledge, Wormmtion and belief. I understand that false 1, . menu herein are made subject to the penalties of 18 Pa. C.S. 34904, relating to owworn 61, g icm to withorities. Date: O t Charles E. Joiner 06-25-2008 13:49 ARCHER PJD ARCHER PC 7172338675 PAGE1 x ov' N v INNA ?1. Ak, -? C7 --3 .. co § SHERIFF'S RETURN - REGULAR CASE NO: 2008-03891 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LLOYD KENNETH F ET AL VS PATTERSON RICHARD ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE PATTERSON RICHARD was served upon the DEFENDANT , at 0013:51 HOURS, on the 23rd day of July 2008 at 271 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to RICHARD PATTERSON DEFENDANT 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 17.00 Affidavit .00 Surcharge 10.00 Postage .59 91-.71-e/o P 45.59- Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/24/2008 ARCHER & ARCHER By: Deputy Sherif A.D. j / SHERIFF'S RETURN - REGULAR CASE NO: 2008-03891 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LLOYD KENNETH F ET AL VS PATTERSON RICHARD ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PATTERSON RICHARD D/B/A HERR'S USED CARS DEFENDANT the at 0013:51 HOURS, on the 23rd day of July , 2008 at 271 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to RICHARD PATTERSON DEFENDANT 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: -1 -Oppmp - - - ;;e? R. Thomas Kline 07/24/2008 ARCHER & ARCHER By: De ty Sheri f A.D. CASE NO: 2008-03891 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LLOYD KENNETH F ET AL VS PATTERSON RICHARD ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BACKROADS SELECT PREOWNED VEHICLES the DEFENDANT , at 0013:51 HOURS, on the 23rd day of July , 2008 at 274 BRIDGE STREET NEW CUMBERLAND, PA 17070 RICHARD PATTERSON by handing to BUSINESS OWNER 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 Service Affidavit Surcharge 7/a d?b ? /r 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers: K,2X-e R. Thomas Kline 07/24/2008 ARCHER & ARCHER By: De ty S eri f A.D. ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD IN THE COURT OF COMMON PLEAS 4 Lincolnshire Court CUMBERLAND COUNTY Durham, NC 27717 PENNSYLVANIA and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER Docket No. 08-3 891 660-7 Geneva Drive Mechanicsburg, PA 17055 Plaintiffs, CIVIL ACTION - LAW V. RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, 345 9h Street New Cumberland, PA 17070 : JURY TRIAL DEMANDED Defendants. PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS, AND NONMILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for Plaintiffs and against Defendants above-named only and assess damages certified to be calculated as a sum certain from the Complaint, as follows: JOINER Principal $8,010.00 Interest (6%) $1,026.85 TOTAL $9,036.85 1 Understanding that false statements made herein are subject to penalty under 18 Pa. C.S.A. § 4904, Unsworn Falsification to Authorities, I verify that: The above are the precise last known addresses of the parties. 2. The annexed notices(s) of intention to file a Praecipe (Exhibit "A") were mailed to all parties Defendants and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this Praecipe. 3. The said Defendant is not in the military service of the United States or otherwise within coverage of the Soldiers and Sailors Relief Act and are over 18 years of age (Exhibit `B"); THIS _,R_L DAY OF , 2008, JUDGMENT IS ENTERED IN -9Vja-J= FAVOR OF PLAINTIFF AND A 'AINST DEFENDANTS BY DEFAULT FOR WANT OF AN ANSWER AND DAMAGES ASSESSED AT THE SUM OF $9,036.85 AS PER THE ABOVE CERTIFICATION. NOTICE GIVEN PURSUANT TO Pa.R.C.P. 236. Respectfully submitted, ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire PA ID# 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs 'ARY 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Praecipe for Entry of Judgment for Want of an Answer, Assessment of Damages, Verification of Address, and Nonmilitary Service was served by U.S. first-class mail, postage prepaid, upon the following: Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles 345 9t' Street New Cumberland, PA 17070 Dated: August 29, 2008 By: Jessica Porter, Paralegal Exhibit "A" ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY :PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW : Docket No.: 08-3 891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. WORTANT NOTICE TO: -Richard Patterson, Individually and d/b/a :Backroads Select Preowned Vehicles 345 9" Street New Cumberland, PA 17070 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A RESPONSE TO THE COMPLAINT THAT WAS SERVED UPON 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 LWAYER 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: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 DATED: August 12, 2008 By: ` Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Ten Day Notice upon the person(s) stated below, via U. S. Mail, postage prepaid, addressed as follows: Richard Patterson, Individually and d/b/a Backroads Select Preowned Vehicles 345 9th Street New Cumberland, PA 17070 Pro Se Date: August 12, 2008 -4nA I Jessica R. Porter, Paralegal ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants IMPORTANT NOTICE' TO: Richard Patterson, Individually and d/b/a Herr's Used Cars 345 9`h Street New Cumberland, PA 17070 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A RESPONSE TO THE COMPLAINT THAT WAS SERVED UPON 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 LWAYER 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: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 DATED: August 12, 2008 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Ten Day Notice upon the person(s) stated below, via U.S. Mail, postage prepaid, addressed as follows: Richard Patterson, Individually and d/b/a Herr's Used Cars 345 9P Street New Cumberland, PA 17070 Pro Se Date: :August 12, 2008 Jessica R. Porter, Paralegal hibit Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 AUG-14-2008 06:41:15 < Last Name First/Middle Begin Date Active Duty Status Service/Agency PATTERSON RICHARD 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, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. r0» r? j Mary M. Snavely-Dixon, 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 Servicemembers 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 strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: hitp://www.defenselink.mil/fa/ p is/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: QZUYQNONOX https://www.dmde.osd.mil/scra/owa/scra.prc_Select 8/14/2008 ??.,, -sr ..a ? ? -ri w W w a ??:' _ ? -?,? ? ? -,zy^ '? E G'd ?' _ c? ?? t ' ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD 4 Lincolnshire Court Durham, NC 27717 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER 660-7 Geneva Drive Mechanicsburg, PA 17055 Plaintiffs, V. RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, 345 9" Street New Cumberland, PA 17070 Docket No. 08-3891 : CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS, AND NONMILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for Plaintiffs and against Defendants above-named only and assess damages certified to be calculated as a sum certain from the Complaint, as follows: LLOYD Principal $11,500.00 Interest (6%) $927.54 TOTAL $12,427.54 1 Understanding that false statements made herein are subject to penalty under 18 Pa. C.S.A. § 4904, Unsworn Falsification to Authorities, I verify that: 1. The above are the precise last known addresses of the parties. 2. The annexed notices(s) of intention to file a Praecipe (Exhibit "A") were mailed to all parties Defendants and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this Praecipe. 3. The said Defendant is not in the military service of the United States or otherwise within coverage of the Soldiers and Sailors Relief Act and are over 18 years of age (Exhibit `B"); THIS 2XCJ,-DAY OF JoC - , 2008, JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS BY DEFAULT FOR WANT OF AN ANSWER AND DAMAGES ASSESSED AT THE SUM OF $12,427.54 AS PER THE ABOVE CERTIFICATION. NOTICE GIVEN PURSUANT TO Pa.R.C.P. 236. Respectfully submitted, ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire PA ID# 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs 'ARY 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Praecipe for Entry of Judgment for Want of an Answer, Assessment of Damages, Verification of Address, and Nonmilitary Service was served by U.S. first-class mail, postage prepaid, upon the following: Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles 345 9"' Street New Cumberland, PA 17070 Dated: August 29, 2008 By: aAia TXA6 Jessica Porter, Paralegal Exhibit "A" LAw `0fF?CEs ARCHED :&R?IER F.C. ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, V. Plaintiffs, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY :PENNSYLVANIA CIVIL ACTION - LAW Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. IMPORTANT NOTICE TO: Richard Patterson, Individually and d/b/a Backroads Select Preowned Vehicles 345 9" Street New Cumberland, PA 17070 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A RESPONSE TO THE COMPLAINT THAT WAS SERVED UPON 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 LWAYER 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: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 DATED: August 12, 2008 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Ten Day Notice upon the person(s) stated below, via U.S. Mail, postage prepaid, addressed as follows: Richard Patterson, Individually and d/b/a Backroads Select Preowned Vehicles 345 9 b Street New Cumberland, PA 17070 Pro Se Date: August 12, 2008 Jessica R. Porter, Paralegal ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and : IN THE COURT OF COMMON PLEAS ELDON L. JOINER, by and through his : CUMBERLAND COUNTY Power of Attorney, CHARLES E. JOINER, : PENNSYLVANIA Plaintiffs, V. RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, : CIVIL ACTION - LAW : Docket No.: 08-3891 JURY TRIAL DEMANDED Defendants. IMPORTANT NOTICE TO: Richard Patterson, Individually and d/b/a Herr's Used Cars 345 9" Street New Cumberland, PA 17070 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A RESPONSE TO THE COMPLAINT THAT WAS SERVED UPON 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 LWAYER 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: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 DATED: August 12, 2008 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Ten Day Notice upon the person(s) stated below, via U.S. Mail, postage prepaid, addressed as follows: Richard Patterson, Individually and d/b/a Herr's Used Cars 345 9P Street New Cumberland, PA 17070 Pro Se Date: :August 12, 2008 U? Jessica R. Porter, Paralegal Exhibit "B" Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 AUG-14-2008 06:41:15 < Last Name First/Middle Begin Date Active Duty Status Service/Agency PATTERSON RICHARD 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, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 010?r? Mary M. Snavely-Dixon, 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•bther eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers 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 strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: QZUYQNONOX https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/14/2008 70 V w ? r N ?G ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : PENNSYLVANIA Plaintiffs, V. RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, 345 qM. Sj New CtanbarlanJ Defendants. PA. 17070 CIVIL ACTION - LAW Docket No.: 08-3891 Amount Due (Judgment): $21,464.39 Interest: $1,287.86 Atty's Comm: $375.00 Costs: $0.00 TOTAL: $23,127.25 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MANNER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Richard Patterson, Individually and d/b/a Herr 's Used Cars and Backroads Select Preowned Vehicles, Defendants; (3) and against Fulton Bank, 1423 South Market Street, Mechanicsburg, PA 17055, Garnishee (s), (4) and index this writ (a) against N/A (Cumberland County Judgment)_, Defendant s ; and_ (b) against Garnishee (s) as a lis pendens against the real property of the Defendants in the name of the Garnishee as follows: N/A (5) Exemption has (not) been waived. Sherriff's Special Instructions: Please levy upon Fulton Bank account 362266118, routing # 031301422 and any other accounts of Defendants at Bank. Please also levy upon personal property of Defendants located at: 345 9a' Street, New Cumberland, PA 17070. Date: October 14, 2008 By: Thomas A. Archer, Esquire Pa Atty ID No. 73293 2515 North Front Street PO Box 5056 Harrisburg, PA 17110 717-233-8676 Attorney for Plaintiff R R? .u 9.? App DO 3 p0 o c) 0 d 00-00 O D 'T1 $ C3 CCY rr rr z r'' try ?-e? tV cm t? F. -i CA tv r q m 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3891 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, Plaintiff (s) From RICHARD PATTERSON, individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, 345 9t' Street, New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property of the Defendants. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FULTON BANK, 1423 South Market Street, Mechanicsburg, PA 17055 Upon account # 362266118, routing #031301422 and any other accounts of defendants at bank. 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 $21,464.39 Interest -- $1,287.86 Atty's Comm $375.00 % Atty Paid $211.09 Plaintiff Paid Date: 10/15/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C is R. Lon otaiy? By: Deputy REQUESTING PARTY: Name THOMAS A. ARCHER, ESQUIRE Address: ARCHER & ARCHER, PC 2515 N. FRONT STREET PO BOX 5056 HARRISBURG, PA 17110-0056 Attorney for: PLAINTIFF Telephone: 717-233-8676 Supreme Court ID No. 73293 SHERIFF'S RETURN - GARNISHEE 1.CASE NO: 2008-03891 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LLOYD KENNETH F ET AL VS PATTERSON RICHARD ET AL And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:53 Hours, on the 23rd day of October , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , PATTERSON RICHARD in the hands, possession, or control of the within named Garnishee FULTON BANK 143 S MARKET ST MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to MEGAN NORDSTROM (BRANCH MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing Service Affidavit Surcharge So r .00 ?. .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 00 ? ?l{???a? 11/13/2008 Sworn and Subscribed to before me this day of By A.D SHERIFF'S RETURN - GARNISHEE 1 CASE NO: 2008-03891 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LLOYD KENNETH F ET AL VS PATTERSON RICHARD ET AL And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:53 Hours, on the 23rd day of October , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , PATTERSON RICHARD D/B/A HERR'S USED CARS , in the hands, possession, or control of the within named Garnishee FULTON BANK 1423 S. MARKET ST MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to MEGAN NORDSTROM (BRANCH MANAGER personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her true and made Sheriff's Costs: So ans ers: Docketing .00 Service .00 Affidavit .00 R. Thomas Klin Surcharge .00 Sheriff of Cumberland County .00 00 ? i1//7/b G1, , 11/12/2008 Sworn and Subscribed to before me this day of By A.D R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor of ?untbPr?? OFFICE OF THE SHERIFF RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant One Courthouse Square C? Carlisle, Pennsylvania 17013 -r r G r ri ;TICK' C 2 12/12/08 Kenneth F. Lloyd et. al. vs csti Richard Patterson, UA/DB/A Heir's Used Cars & Backroad Select Preowned Vehicles Writ No. 2008-3891 Civil Te Property Claim Determination Dear Sir, Reference is made to Property Claim dated December 2, 2008, entered by Marsha B. Patterson, Writ of Execution No. 2008-3891 Civil Term, Kenneth F. Lloyd, et. al. -vs- Richard Patterson, I/A/DB/A Herr's Used Cars and Backroads Select Preowned Vehicles. R. Thomas Kline, Sheriff, has determined that the claimant, Marsha B. Patterson, in the above mentioned property claim, is the owner of the property set forth therein. rt So w Thomas R. Kline, Sheri By cc Thomas Archer, Atty for Pltff Richard Patterson, et al, Deft. Marsha B. Patterson, Claimant PROPERTY CLAIM 1414 1-7070 VS aCC?A-)s y5 b4±4 Zt. Fu,-,j ?C_Q 7 0 7 0 TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. (2, - 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 U VALUE THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: kUk- k 01 J-1? 4+1 J3 qAA) Pe?? N 7S to ei 4 w-, aft J do 3. Date C ( by/6 Sr Claimant 1 A AA*-- State of Pennsylvania: 3 ?S County of Cumberland yl ¢ w ?' Pn ? `I 0 t?f.a 7('1-`q.?-? 97 being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. Sworn and subscribed to before me This ay cif AI INU pn hf? Claimant iAl UK Notary Public K02W 1.1 1 Mr cawnwm sown J01s 17.16121 Property Claim Richard Patterson Vs Marsha Patterson LIST OF PROPERTY Mercedes Tag: PA FCE 9510 L/R 2 Love Seats Chairs Coffee/End Tables Lamps Television DVD/VCR Rugs Corner Cabinet Hutch Buffet Server Kitchen Dinette Table 4 side chairs 2 arm chairs Microwave Utensils/Dishes Pots/Pans Iron Refridgerator Stove Washer/Dryer Mixer Blender Food processor Radio Coffee Pot Toaster Telephones Bedrooms - 2 2 Bedroom Suites Lamps Radios - 2 Telephone Air-conditioner Paper Shredder 3 drawer file cabinet Dresser (Antique) Book case Chairs Writ No. OL3NI Addendum A VALUE $9,000 $3,000 $1,200 $ 380 $ 250 $1,400 $ 120 $ 40 $ 600 $ 400 $ 475 $ 450 $ 448 $ 352 $ 140 $ 500 $ 300 $ 80 $ 300 $ 350 $1,200 $ 40 $ 40 $ 80 $ 50 $ 120 $ 130 $ 150 $4,308 $ 300 $ 290 $ 150 $ 199 $ 50 $ 50 $ 300 $ 30 $ 40 Writ No Ok "_?F9) Page 2 ADDENDUM A Miscellaneous Patio Table w/ 4 chairs $ 150 Wooden Computer Desk $ 200 Computer, Monitor, Keyboard, Mouse $1,800 Printer/Fax Machine $ 200 Basement Hoover Steam Vac $ 150 Dolly $ 100 2 Drawer Filing Cabinet $ 30 Step Ladder $ 50 Misc Decorative Mirrors $ 100 Rigid Shop Vac $ 185 MTS Hand Tools $2,500 12 Drawer Tool Chest $ 700 Cordless Drill $ 250 Misc. Power Tools $4,000 Milwaukee Circular Saw $ 185 Craftsman Jigsaw $ 300 Dremel Tool $ 280 Rip Saw $ 450 RCA TV $ 125 Telephone $ 40 Belt Saw $ 180 Window Mount Air-Conditioner $ 450 bZ :01 I/ Z - 330 8001 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Advance Costs: 250.00 Sheriff's Costs: 141.92 Docketing 18.00 108.08 Poundage 2.78 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 12/19/08 Mileage 18.00 Surcharge 50.00 Levy 40.00 Certified Mail Post Pone Sale Garnishee 9.00 Postage 1.64 TOTAL $ 141.92 So Answers; R. MTh mas Kline, eriff / z B laudia A. Brewbaker q o :z d 91 100 0001 dd '?llNfli Get` AdIUHS ]HI -110 dOI? ?? 4z06 (fo .V. S v 4. L,- e 0 G?'2` 0 R-' aesq Is a W WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3891 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, Plaintiff (s) From RICHARD PATTERSON, individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, 345 9ch Street, New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property of the Defendants . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FULTON BANK, 1423 South Market Street, Mechanicsburg, PA 17055 Upon account # 362266118, routing #031301422 and any other accounts of defendants at bank. 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 $21,464.39 Interest - $1,287.86 Atty's Comm $375.00 % Atty Paid $211.09 Plaintiff Paid Date: 10/15/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs ?! A elc;?xr 44, s R. Lon Pxdtfionatij By: Deputy REQUESTING PARTY: Name THOMAS A. ARCHER, ESQUIRE Address: ARCHER & ARCHER, PC 2515 N. FRONT STREET PO BOX 5056 HARRISBURG, PA 17110-0056 Attorney for PLAINTIFF Telephone: 717-233-8676 Supreme Court ID No. 73293 ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717. 233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. CIVIL ACTION - LAW Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. MOTION TO COMPEL ANSWER TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Plaintiffs, by their undersigned counsel, move this Court for an Order, pursuant to Pa.R.C.P. 4019, to compel Defendants to respond to Interrogatories and Requests for Production of Documents and in support thereof, avers the following: 1. Judgment for Plaintiff, Kenneth F. Lloyd, was entered in the sum of $12,427.54 on September 3, 2008. 2. Judgment for Plaintiff, Eldon L. Joiner, by and through his Power of Attorney, Charles F. Joiner, was entered in the sum of $9,036.85 on September 3, 2008. 3. Plaintiffs served the Interrogatories and Requests for Production of Documents upon Defendants via certified mail on October 1, 2008. True and correct copies of Plaintiff's Interrogatories, Requests for Production of Documents and certified mail receipts are attached hereto as Exhibits "A-C." 1 4. Pursuant to Pa.R.C.P. 4006(a)(2) and 4009(b)(2), Defendants' responses to the Interrogatories and Request for Production of Documents were due within thirty (30) days after they had been served, but non has been received as of the date of giving notice hereof. 5. On April 17, 2009, Plaintiff's counsel sent certified mail correspondence to Defendants with a draft copy of the instant motion, requesting responses and indicating this motion would be filed if responses were not received within 10 days thereof. 6. Defendants still have not responded to Plaintiff's discovery requests. 7. Plaintiffs require an Order pursuant to Pa.R.C.P. 4019(a)(1)(i) and 4019(a)(1)(iv), compelling Defendants to answer the Interrogatories and Requests for Production of Documents and directing Defendants to pay Plaintiff's counsel fees for preparation of this motion. WHEREFORE, Plaintiffs respectfully request the Court to approve the proposed order annexed hereto. Date: May 13, 2009 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs Exhibit "A" 14 LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. Admixed PA & N? 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.U. BOX 5056 Admixed PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX: (717) 233-8675 W W WArcherandarcher.cam NEW JERSEY OFFICE: 1011 ROUTE 22 WEST, ST. 100 P.O. BOX 6402 BRIDGEWATER, NJ 08807 (908) 995.2000 FAX: (908) 995-2104 September 29, 2008 VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED Richard Patterson, d/b/a Backroads Select Preowned Vehicles 345 9" Street New Cumberland, PA 17070 RE: Kenneth F. Lloyd and Eldon Joiner; by and through his Power of Attorney, Charles E. Joiner v. Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles Cumberland County CCP Docket No.: 08-3891 Dear Mr. Patterson: Enclosed please find Plaintiffs' Postjudgment Interrogatories and Request for Production of Documents regarding the above-referenced matter. Please provide your responses within thirty (30) days upon receipt of these requests. Thank you. Very truly yours, Thomas A. Archer TAA/j rp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 171 t0-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants. TO: Richard Patterson, d/b/a Backroads Select Preowned Vehicles 354 9" Street New Cumberland, PA 17070 CIVIL ACTION - LAW Docket No.: 08-3891 JURY TRIAL DEMANDED POSTJUDGMENT INTERROGATORIES ADDRESSED TO DEFENDANT Plaintiff, by its counsel Thomas A. Archer, Esquire, hereby demands that the above- named defendant answer the following interrogatories, under oath, pursuant to the Rules of Civil Procedure, within thirty (30) days after date of service hereof. These interrogatories shall be deemed continuing, so as to require supplemental answers if the affiant or anyone on defendant's behalf obtains further information between the time the answers are served and the time of trial. The foregoing instructions are deemed to be incorporated in the interrogatories, which must be answered strictly in accordance with those instructions. 1. GENERAL INSTRUCTIONS A. If the interrogatory is answered based upon information not within the affiant's direct personal knowledge, identify the person and records supplying the information in accordance with all the following instructions concerning identification of persons and records. B. The word describe when referring to an inspection (which is deemed to include the terms analysis, comparison, evaluation, test, or investigation) requests the following information: 1. Identify the person or persons conducting the inspection in accordance with the instructions for identifying persons; 2. State the purpose of the inspections; 3. Summarize the method and procedure used in conducting the. inspection; 4. Set forth the result of the inspection; 5. Give the date of the inspection; 6. State if a report or other writing was made of or concerning the inspection; 7. Identify the report or other writing in accordance with the instructions for identifying documents; 8. State whether the inspection was conducted in the ordinary course of defendant's business; C. The word identify when referring to persons requests the following information about the persons: I. Name, nicknames, maiden name, married name[s], and aliases; 2. Residence and business addresses; 3. Residence and business telephone numbers; 4. Job title, position, and description of association with any party; 5. Duties with any party; 6. Dates of associations with any party; 7. Name, address, and telephone number of current association if no longer associated with defendant; 8. Educational and professional background; 9. If an outside consultant, state the name and address of persons, employer, and the dates that he/she performed services for defendant. D. The word identify, when referring to a corporation, partnership, proprietorship, unincorporated association, trust, government agency, or other entity, requests the following about the entity: 1. Name and fictitious name registrations (including all information recorded in such registrations and the date and location of the registrations); 2. Addresses; 3. Type or form of entity; 4. Nature of relationship with any party; 5. Dates of relationship with any party. E. The word identify when referring to a record (which is deemed to include, but not be limited to mean, any report, memorandum, writing, correspondence, tape, audio reproduction, computer program, notes, or other manual, stenographic, mechanical, or electronic form of record) requests the following information: 1. Description of the type of record; 2. Title of record and date it was made; 3. Detailed description of the contents and subject matter of the record (or provide a copy of the record); 4. Identification of the person or persons contributing to drafting and making the record; 5. Identification of the custodian of this record in accordance with the instructions for identifying persons; 6. The current location of the record; 7. Whether the record was made in the ordinary course of business and, if not, the circumstances under which it was made; 8. The reason why the record was kept or not kept. Each interrogatory and subpart is to be deemed severable. If an objection is made to answering any interrogatory or subpart thereof, the remainder should be answered. Your answers are not limited by the space provided. Attach additional sheets referencing your answers to each interrogatory as needed. II. INTERROGATORIES 1. REAL ESTATE: Does the defendant have ownership interest in any real estate anywhere in the United States? If so, set forth a brief description thereof. Include the structure and lot size and type of construction; the location, including the state, county, and municipality; the volume and page number of the official record thereof, and state whether the defendant owns it solely or together with any other person or persons and give their full names and addresses. Supply the current value of the properties and the basis for the valuation (estimate, tax assessment, appraisal, etc.). If any of the above properties are mortgaged, supply the name and addresses of the lenders, the date and amount of the mortgage, where it is recorded, the monthly payments, and the balance now due. Also, supply the purchase date, purchase price, and the name of the party from whom the property was purchased. 2. TRANSFERS OF REAL ESTATE: In the six years preceding the date of these interrogatories, has the defendant transferred any real property either by sale, gift, exchange, or otherwise? If so, please give a description of the property so transferred, the method or manner of transfer, the name of the person, firm, or other entity to whom transferred, the consideration or amount received by the defendant, and the time and place of the transfer. 3. TRANSFERRED ASSETS AND GIFTS: If, in the preceding six years, the defendant has transferred any assets (real property, personal property, chose in action), not covered by the immediate preceding interrogatory, to any person, and/or, if the defendant has given any gift valued at more than $250.00, of any asset, including money, to any person, set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. 4. AGREEMENTS: State whether the defendant has any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is made, and state whether or not any persons are joined with the defendant in the agreement. Supply full names and addresses of all parties concerned. If the agreement is recorded, provide the state and county of recordation, with volume and page numbers. 5. ACCOUNTS RECEIVABLE, DEBTS, NOTES, & JUDGMENTS: State the names and addresses of any and all persons whom the defendant believes owes the defendant money, and set forth in detail the amount of money owed, the terms of payment, and whether or not the defendant has written evidence of this indebtedness, and if so, the location thereof. Also state whether the matter is in litigation, and if so, give full details. If the defendant holds mortgages or judgments as security for any of these debts, state where and when such was recorded or entered, and the county, book, page number, and term where recorded. If the defendant holds this judgment or mortgage jointly with any other person or persons, give their name and address. 6. INSURANCE: State whether or not the defendant is the owner of any life insurance contracts. If so, state the persons whose lives are insured, the serial or policy number or numbers of the contracts, the face amount, the exact name and address of the insurance companies, the named beneficiary or beneficiaries, and the beneficiary's present address. If the defendant owns this insurance jointly with any other person or persons, give that person's name and address. State whether such policies are term, whole life, or some other type of policy. State also whether such policies have any cash value and whether there exist any loans against such policies and, if so, state all amounts. 7. GOVERNMENT MUNICIPAL. OR CORPORATE BONDS: State whether or not the defendant owns individually or jointly any corporate or governmental bonds. If so, include the face amount, serial numbers, and maturity dates and state the present location thereof. If the defendant owns any of these bonds jointly with any other person or persons, give that person's name and address. 8. SHARES OR INTEREST: State whether or not the defendant owns any stocks, shares, or interest in any corporation or unincorporated association or partnership interest, limited or general, and state the location thereof. Include the names and addresses of the organizations and the serial numbers of the shares or stocks. If the defendant owns any of the stocks, shares, or interest jointly with any other person or persons, give that person's name and address. 9. DEPOSITORY ACCOUNTS: State whether or not the defendant maintains any checking, savings, or other depository accounts. If so, state the name and location of the depository institution and the branch or branches thereof, the identification numbers of those accounts, and the amount the defendant has in each account. If the defendant maintains any of these jointly with another person, give that person's name and address. 10. SAFETY DEPOSIT BOXES: State whether or not the defendant maintains any safety deposit boxes. If so, include the name of the institution, branch or branches, and the identification number or other designation of the box or boxes. Include a full description of the contents and the amount of cash among those contents. If the defendant maintains any of these jointly with another person, give that person's full name and address. 12 11. PERSONAL PROPERTY: State whether or not the defendant owns any personal property. Include a full description of all machinery, equipment, inventory, furniture, fixtures, furnishings, and any other items of personal property with full description, giving full value and present location. State also whether or not there are any encumbrances or liens on that property and, if so, the name and address of the encumbrance or lien holder, the present balance owing on that encumbrance, and the transaction that gave rise to the existence of the encumbrance. State where and when the encumbrance or lien was recorded. If the defendant owns any personal property jointly with any other person or persons, give that person's name and address. 13 12. RENTED PROPERTY: Is any of the property of the defendant rented to, leased to, or otherwise in possession of a third person? If so, give a full description of the property and state the name and address of the person, firm, or other entity who has possession of the property, the circumstances and reason why the property is in the possession of the third person, the consideration or payment received by the defendant, and the name and address of the person who receives the rents or other consideration on behalf of the defendant. 13. MOTOR VEHICLES: State whether or not the defendant owns or has any rights in any motor vehicles. Include a full description of each motor vehicle including color, model, title number, serial number, and registration plate number. Also show the name or names in which each motor vehicle is registered, the present value of each motor vehicle, and each vehicle's present location and place of regular storage, garaging, or parking. State also whether or not there are any encumbrances on those motor vehicles and, if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of that encumbrance, the present balance of the encumbrance, and the transaction that gave rise to the existence of the encumbrance. If not owned, state the extent of the defendant's rights in and to such vehicles. 14. OTHER ASSETS: If the defendant has an ownership interest, possession, or any other interest in any assets, claims, or accounts receivables that are not disclosed in the preceding interrogatories, please set forth all details concerning those interests. 15. (a) If you are an individual, state your social security number and Pennsylvania (or other state) motor vehicle operator's license number. (b) If you are a corporation, state your federal tax identification number, date, and state of your incorporation. DATED: September 29, 2008 By: / Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs 17 VERIFICATION Understanding that false statements herein are made subject to the penalties of 18 Pa.C Section 4904, Unworn Falsification to Authorities, I verify that I am a defendant in the above matter and that, after inquiry, the facts set forth in the foregoing answers to postjudgment interrogatories are true, correct, and complete to the best of my knowledge, information, and belief. DATE: Signature Present Address Telephone Number 18 CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via certified mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars 345 9a' Street New Cumberland, PA 17070 Pro Se Date: September 29, 2008 j al Jessica R. Porter, Paralegal ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants. TO: Richard Patterson, d/b/a Backroads Select Preowned Vehicles 354 9a' Street New Cumberland, PA 17070 CIVIL ACTION - LAW Docket No.: 08-3891 JURY TRIAL DEMANDED POST JUDGMENT REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT The following documents in the attached schedule are to be produced for inspection, testing, and copying in the above-designated offices of counsel thirty days from this date. You must produce those items possessed or controlled by you or anyone acting or having acted on your behalf including, but not limited to your attorneys, accountants, agents, servants, workmen, employees, and other natural persons, businesses, or organizations. Alternatively, you may respond by attaching marked copies of the documents hereto, executing the verification, and transmitting the documents and verification to the undersigned. These requests for production are continuing. Any items secured subsequent to the production of those requested that would have been includable in the initial response should be produced immediately after they are brought to your attention or come within your possession or control as previously defined. The term document as used herein means any report, writing, memorandum, correspondence, tape, electronic or magnetic recording, computer program or data, visual or audio reproduction, sketch, drawing, photograph, or other manual, stenographic, mechanical, or other form of record. Production should be made whether your interest in the document identified and account or obligation evidenced thereby is sole or joint. Each request and portion of each result is deemed severable, and if objection is made to all or part of a request, the remainder should be produced. If you object solely to the copying or testing of a document or thing, it should be produced for inspection. 1. Your last income tax returns filed with each separate taxing authority. 2. All Internal Revenue Service form 1099s (regardless of letter designation) and form W-2s (regardless of letter designation) received by you in the past year. 3. Your last financial statement. 4. Your checking, savings, and other bank account records for the last three months including, but not limited to, canceled checks, statements, and deposit tickets. 5. Your current books of account. 6. Writings evidencing your claims against, and accounts receivable from, others. 7. Your leases, certificates of title, deeds, mortgages, stocks, bonds, securities, promissory notes, contracts, and agreements. 8. Loan applications submitted by you within the past year. 9. Policies of insurance in which you are named as an insured or beneficiary. DATED: September 29, 2008 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs VERIFICATION Understanding that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, Unworn Falsification to Authorities, I verify that I am [ ] an authorized representative of the defendant [ ] the defendant and that the request for production of documents has been complied with by supplying the copies of the documents annexed hereto, which are true and correct copies of the originals thereof to the best of my knowledge, information, and belief. Date: Name: Richard Patterson CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via certified mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars 345 9U' Street New Cumberland, PA 17070 Pro Se Date: September 29, 2008 ?7pz . -p? Jessica R. Porter, Paralegal Exhibit "B" LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. NEW JERSEY OFFICE: AdndUedPA_& NJ - 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 1011 ROUTE 22 WEST, ST. I DO Admixed PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 P.O. BOX 6402 BREDGEWATER, NJ 08807 (717) 233-8676 (908) 995-2000 FAX: (717) 233-8675 FAX: (908) 995-2104 www.sicherandircher.com September 29, 2008 VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED Richard Patterson, d/b/a Hen's Used Cars 345 9" Street New Cumberland, PA 17070 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner v. Richard. Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles Cumberland County CCP Docket No.: 08-3891 Dear Mr. Patterson: Enclosed please fmd Plaintiffs' Postjudgment Interrogatories and Request for Production of Documents regarding the above-referenced matter. Please provide your responses within thirty (30) days upon receipt of these requests. Thank you. Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, CIVIL ACTION - LAW : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. TO: Richard Patterson, d/b/a Herr's Used Cars 354 9" Street New Cumberland, PA 17070 POSTJUDGMENT INTERROGATORIES ADDRESSED TO DEFENDANT Plaintiff, by its counsel Thomas A. Archer, Esquire, hereby demands that the above- named defendant answer the following interrogatories, under oath, pursuant to the Rules of Civil Procedure, within thirty (30) days after date of service hereof. These interrogatories shall be deemed continuing, so as to require supplemental answers if the affiant or anyone on defendant's behalf obtains further information between the time the answers are served and the time of trial. The foregoing instructions are deemed to be incorporated in the interrogatories, which must be answered strictly in accordance with those instructions. 1. GENERAL INSTRUCTIONS A. If the interrogatory is answered based upon information not within the affiant's direct personal knowledge, identify the person and records supplying the information in accordance with all the following instructions concerning identification of persons and records. B. The word describe when referring to an inspection (which is deemed to include the terms analysis, comparison, evaluation, test, or investigation) requests the following information: 1. Identify the person or persons conducting the inspection in accordance with the instructions for identifying persons; 2. State the purpose of the inspections; 3. Summarize the method and procedure used in conducting the inspection; 4. Set forth the result of the inspection; 5. Give the date of the inspection; 6. State if a report or other writing was made of or concerning the inspection; 7. Identify the report or other writing in accordance with the instructions for identifying documents; 8. State whether the inspection was conducted in the ordinary course of defendant's business; C. The word identify when referring to persons requests the following information about the persons: 1. Name, nicknames, maiden name, married name[s], and aliases; 2. Residence and business addresses; 3. Residence and business telephone numbers; 4. Job title, position, and description of association with any party; 5. Duties with any party; 6. Dates of associations with any party; 7. Name, address, and telephone number of current association if no longer associated with defendant; 8. Educational and professional background; 9. If an outside consultant, state the name and address of persons, employer, and the dates that he/she performed services for defendant. D. The word identijy, when referring to a corporation, partnership, proprietorship, unincorporated association, trust, government agency, or other entity, requests the following about the entity: 1. Name and fictitious name registrations (including all information recorded in such registrations and the date and location of the registrations); 2. Addresses; 3. Type or form of entity; 4. Nature of relationship with any party; 5. Dates of relationship with any party. E. The word identify when referring to a record (which is deemed to include, but not be limited to mean, any report, memorandum, writing, correspondence, tape, audio reproduction, computer program, notes, or other manual, stenographic, mechanical, or electronic form of record) requests the following information: 1. Description of the type of record; 2. Title of record and date it was made; 3. Detailed description of the contents and subject matter of the record (or provide a copy of the record); 4. Identification of the person or persons contributing to drafting and making the record; 5. Identification of the custodian of this record in accordance with the instructions for identifying persons; 6. The current location of the record; 7. Whether the record was made in the ordinary course of business and, if not, the circumstances under which it was made; 8. The reason why the record was kept or not kept. Each interrogatory and subpart is to be deemed severable. If an objection is made to answering any interrogatory or subpart thereof, the remainder should be answered. Your answers are not limited by the space provided. Attach additional sheets referencing your answers to each interrogatory as needed. H. INTERROGATORIES 1. REAL ESTATE: Does the defendant have ownership interest in any real estate anywhere in the United States? If so, set forth a brief description thereof. Include the structure and lot size and type of construction; the location, including the state, county, and municipality; the volume and page number of the official record thereof; and state whether the defendant owns it solely or together with any other person or persons and give their full names and addresses. Supply the current value of the properties and the basis for the valuation (estimate, tax assessment, appraisal, etc.). If any of the above properties are mortgaged, supply the name and addresses of the lenders, the date and amount of the mortgage, where it is recorded, the monthly payments, and the balance now due. Also, supply the purchase date, purchase price, and the name of the party from whom the property was purchased. 2. TRANSFERS OF REAL ESTATE: In the six years preceding the date of these interrogatories, has the defendant transferred any real property either by sale, gift, exchange, or otherwise? If so, please give a description of the property so transferred, the method or manner of transfer, the name of the person, firm, or other entity to whom transferred, the consideration or amount received by the defendant, and the time and place of the transfer. 3. TRANSFERRED ASSETS AND GIFTS: If, in the preceding six years, the defendant has transferred any assets (real property, personal property, chose in action), not covered by the immediate preceding interrogatory, to any person, and/or, if the defendant has given any gift valued at more than $250.00, of any asset, including money, to any person, set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. 4. AGREEMENTS: State whether the defendant has any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is made, and state whether or not any persons are joined with the defendant in the agreement. Supply full names and addresses of all parties concerned. If the agreement is recorded, provide the state and county of recordation, with volume and page numbers. 5. ACCOUNTS RECEIVABLE DEBTS NOTES & JUDGMENTS: State the names and addresses of any and all persons whom the defendant believes owes the defendant money, and set forth in detail the amount of money owed, the terms of payment, and whether or not the defendant has written evidence of this indebtedness, and if so, the location thereof. Also state whether the matter is in litigation, and if so, give full details. If the defendant holds mortgages or judgments as security for any of these debts, state where and when such was recorded or entered, and the county, book, page number, and term where recorded. If the defendant holds this judgment or mortgage jointly with any other person or persons, give their name and address. 6. INSURANCE: State whether or not the defendant is the owner of any life insurance contracts. If so, state the persons whose lives are insured, the serial or policy number or numbers of the contracts, the face amount, the exact name and address of the insurance companies, the named beneficiary or beneficiaries, and the beneficiary's present address. If the defendant owns this insurance jointly with any other person or persons, give that person's name and address. State whether such policies are term, whole life, or some other type of policy. State also whether such policies have any cash value and whether there exist any loans against such policies and, if so, state all amounts. 7. GOVERNMENT, MUNICIPAL, OR CORPORATE BONDS: State whether or not the defendant owns individually or jointly any corporate or governmental bonds. If so, include the face amount, serial numbers, and maturity dates and state the present location thereof. If the defendant owns any of these bonds jointly with any other person or persons, give that person's name and address. 8. SHARES OR INTEREST: State whether or not the defendant owns any stocks, shares, or interest in any corporation or unincorporated association or partnership interest, limited or general, and state the location thereof. Include the names and addresses of the organizations and the serial numbers of the shares or stocks. If the defendant owns any of the stocks, shares, or interest jointly with any other person or persons, give that person's name and address. 9. DEPOSITORY ACCOUNTS: State whether or not the defendant maintains any checking, savings, or other depository accounts. If so, state the name and location of the depository institution and the branch or branches thereof, the identification numbers of those accounts, and the amount the defendant has in each account. If the defendant maintains any of these jointly with another person, give that person's name and address. 10. SAFETY DEPOSIT BOXES: State whether or not the defendant maintains any safety deposit boxes. If so, include the name of the institution, branch or branches, and the identification number or other designation of the box or boxes. Include a full description of the contents and the amount of cash among those contents. If the defendant maintains any of these jointly with another person, give that person's full name and address. 12 11. PERSONAL PROPERTY: State whether or not the defendant owns any personal property. Include a full description of all machinery, equipment, inventory, furniture, fixtures, furnishings, and any other items of personal property with full description, giving full value and present location. State also whether or not there are any encumbrances or liens on that property and, if so, the name and address of the encumbrance or lien holder, the present balance owing on that encumbrance, and the transaction that gave rise to the existence of the encumbrance. State where and when the encumbrance or lien was recorded. If the defendant owns any personal property jointly with any other person or persons, give that person's name and address. 13 12. RENTED PROPERTY: Is any of the property of the defendant rented to, leased to, or otherwise in possession of a third person? If so, give a full description of the property and state the name and address of the person, firm, or other entity who has possession of the property, the circumstances and reason why the property is in the possession of the third person, the consideration or payment received by the defendant, and the name and address of the person who receives the rents or other consideration on behalf of the defendant. 13. MOTOR VEHICLES: State whether or not the defendant owns or has any rights in any motor vehicles. Include a full description of each motor vehicle including color, model, title number, serial number, and registration plate number. Also show the name or names in which each motor vehicle is registered, the present value of each motor vehicle, and each vehicle's present location and place of regular storage, garaging, or parking. State also whether or not there are any encumbrances on those motor vehicles and, if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of that encumbrance, the present balance of the encumbrance, and the transaction that gave rise to the existence of the encumbrance. If not owned, state the extent of the defendant's rights in and to such vehicles. 14. OTHER ASSETS: If the defendant has an ownership interest, possession, or any other interest in any assets, claims, or accounts receivables that are not disclosed in the preceding interrogatories, please set forth all details concerning those interests. 15. (a) If you are an individual, state your social security number and Pennsylvania (or other state) motor vehicle operator's license number. (b) If you are a corporation, state your federal tax identification number, date, and state of your incorporation. c2?1,f ?? DATED: September 29, 2008 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs VERIFICATION Understanding that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, Unswom Falsification to Authorities, I verify that I am a defendant in the above matter and that, after inquiry, the facts set forth in the foregoing answers to postjudgment interrogatories are true, correct, and complete to the best of my knowledge, information, and belief. DATE: Signature Present Address Telephone Number CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via certified mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars 345 9a' Street New Cumberland, PA 17070 Pro Se Date: September 29, 2008 -??,. -poytry Jessica R. Porter, Paralegal ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants. TO: Richard Patterson, d/b/a Herr's Used Cars 354 9`t' Street New Cumberland, PA 17070 CIVIL ACTION - LAW Docket No.: 08-3891 JURY TRIAL DEMANDED POST JUDGMENT REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT The following documents in the attached schedule are to be produced for inspection, testing, and copying in the above-designated offices of counsel thirty days from this date. You must produce those items possessed or controlled by you or anyone acting or having acted on your behalf including, but not limited to your attorneys, accountants, agents, servants, workmen, employees, and other natural persons, businesses, or organizations. Alternatively, you may respond by attaching marked copies of the documents hereto, executing the verification, and transmitting the documents and verification to the undersigned. These requests for production are continuing. Any items secured subsequent to the production of those requested that would have been includable in the initial response should be produced immediately after they are brought to your attention or come within your possession or control as previously defined. The term document as used herein means any report, writing, memorandum, correspondence, tape, electronic or magnetic recording, computer program or data, visual or audio reproduction, sketch, drawing, photograph, or other manual, stenographic, mechanical, or other form of record. Production should be made whether your interest in the document identified and account or obligation evidenced thereby is sole or joint. Each request and portion of each result is deemed severable, and if objection is made to all or part of a request, the remainder should be produced. If you object solely to the copying or testing of a document or thing, it should be produced for inspection. 1. Your last income tax returns filed with each separate taxing authority. 2. All Internal Revenue Service form 1099s (regardless of letter designation) and form W-2s (regardless of letter designation) received by you in the past year. 3. Your last financial statement. 4. Your checking, savings, and other bank account records for the last three months including, but not limited to, canceled checks, statements, and deposit tickets. 5. Your current books of account. 6. Writings evidencing your claims against, and accounts receivable from, others. 7. Your leases, certificates of title, deeds, mortgages, stocks, bonds, securities, promissory notes, contracts, and agreements. 8. Loan applications submitted by you within the past year. 9. Policies of insurance in which you are named as an insured or beneficiary. DATED: September 29, 2008 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs VERIFICATION Understanding that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, Unworn Falsification to Authorities, I verify that I am [ ] an authorized representative of the defendant [ ] the defendant and that the request for production of documents has been complied with by supplying the copies of the documents annexed hereto, which are true and correct copies of the originals thereof to the best of my knowledge, information, and belief. Name: Richard Patterson Date: CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via certified mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars 345 9`h Street New Cumberland, PA 17070 Pro Se Date: September 29, 2008,P 7p, . ?r) Jessica R. Porter, Paralegal a ,? g 11 to ? 4 , ? ? t M0 ? u'1 Ln of p p d X O o o p p p o r o r N N co 0 ate'. Exhibit "C" LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. NEW JERSEY OFFICE: Admitted PA & N? 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 1011 ROUTE 22 WEST, ST. 100 Admitted PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 P.O. BOX 6402 BRIDG.EWATER, NJ 08807 (717) 233-8676 (908) 995-2000 FAX: (717) 233-8675 FAX: (908) 995-2104 www.archerandarcher.com September 29, 2008 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Patterson 345 9'1" Street New Cumberland, PA 17070 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner v. Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles Cumberland County CCP Docket No.: 08-3891 Dear Mr. Patterson: Enclosed please find Plaintiffs' Postjudgment Interrogatories and Request for Production of Documents regarding the above-referenced matter. Please provide your responses within thirty (30) days upon receipt of these requests. Thank you. Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, M THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants. TO: Richard Patterson 354 9i' Street New Cumberland, PA 17070 CIVIL ACTION - LAW Docket No.: 08-3 891 JURY TRIAL DEMANDED POSTJUDGMENT INTERROGATORIES ADDRESSED TO DEFENDANT Plaintiff, by its counsel Thomas A. Archer, Esquire, hereby demands that the above- named defendant answer the following interrogatories, under oath, pursuant to the Rules of Civil Procedure, within thirty (30) days after date of service hereof. These interrogatories shall be deemed continuing, so as to require supplemental answers if the affiant or anyone on defendant's behalf obtains further information between the time the answers are served and the time of trial. The foregoing instructions are deemed to be incorporated in the interrogatories, which must be answered strictly in accordance with those instructions. 1. GENERAL INSTRUCTIONS A. If the interrogatory is answered based upon information not within the affiant's direct personal knowledge, identify the person and records supplying the information in accordance with all the following instructions concerning identification of persons and records. B. The word describe when referring to an inspection (which is deemed to include the terms analysis, comparison, evaluation, test, or investigation) requests the following information: 1. Identify the person or persons conducting the inspection in accordance with the instructions for identifying persons; 2. State the purpose of the inspections; 3. Summarize the method and procedure used in conducting the inspection; 4. Set forth the result of the inspection; 5. Give the date of the inspection; 6. State if a report or other writing was made of or concerning the inspection; 7. Identify the report or other writing in accordance with the instructions for identifying documents; 8. State whether the inspection was conducted in the ordinary course of defendant's business; C. The word identify when referring to persons requests the following information about the persons: 1. Name, nicknames, maiden name, married name[s], and aliases; 2. Residence and business addresses; 3. Residence and business telephone numbers; 4. Job title, position, and description of association with any party; 5. Duties with any party; 6. Dates of associations with any party; 7. Name, address, and telephone number of current association if no longer associated with defendant; 8. Educational and professional background; 9. If an outside consultant, state the name and address of persons, employer, and the dates that he/she performed services for defendant. D. The word identify, when referring to a corporation, partnership, proprietorship, unincorporated association, trust, government agency, or other entity, requests the following about the entity: 1. Name and fictitious name registrations (including all information recorded in such registrations and the date and location of the registrations); 2. Addresses; 3. Type or form of entity; 4. Nature of relationship with any party; 5. Dates of relationship with any party. E. The word identify when referring to a record (which is deemed to include, but not be limited to mean, any report, memorandum, writing, correspondence, tape, audio reproduction, computer program, notes, or other manual, stenographic, mechanical, or electronic form of record) requests the following information: 1. Description of the type of record; 2. Title of record and date it was made; 3. Detailed description of the contents and subject matter of the record (or provide a copy of the record); 4. Identification of the person or persons contributing to drafting and making the record; 5. Identification of the custodian of this record in accordance with the instructions for identifying persons; 6. The current location of the record; 7. Whether the record was made in the ordinary course of business and, if not, the circumstances under which it was made; 8. The reason why the record was kept or not kept. Each interrogatory and subpart is to be deemed severable. If an objection is made to answering any interrogatory or subpart thereof, the remainder should be answered. Your answers are not limited by the space provided. Attach additional sheets referencing your answers to each interrogatory as needed. II. INTERROGATORIES 1. REAL ESTATE: Does the defendant have ownership interest in any real estate anywhere in the United States? If so, set forth a brief description thereof. Include the structure and lot size and type of construction; the location, including the state, county, and municipality; the volume and page number of the official record thereof; and state whether the defendant owns it solely or together with any other person or persons and give their full names and addresses. Supply the current value of the properties and the basis for the valuation (estimate, tax assessment, appraisal, etc.). If any of the above properties are mortgaged, supply the name and addresses of the lenders, the date and amount of the mortgage, where it is recorded, the monthly payments, and the balance now due. Also, supply the purchase date, purchase price, and the name of the party from whom the property was purchased. 2. TRANSFERS OF REAL ESTATE: In the six years preceding the date of these interrogatories, has the defendant transferred any real property either by sale, gift, exchange, or otherwise? If so, please give a description of the property so transferred, the method or manner of transfer, the name of the person, firm, or other entity to whom transferred, the consideration or amount received by the defendant, and the time and place of the transfer. 3. TRANSFERRED ASSETS AND GIFTS: If, in the preceding six years, the defendant has transferred any assets (real property, personal property, chose in action), not covered by the immediate preceding interrogatory, to any person, and/or, if the defendant has given any gift valued at more than $250.00, of any asset, including money, to any person, set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. 4. AGREEMENTS: State whether the defendant has any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is made, and state whether or not any persons are joined with the defendant in the agreement. Supply full names and addresses of all parties concerned. If the agreement is recorded, provide the state and county of recordation, with volume and page numbers. 5. ACCOUNTS RECEIVABLE, DEBTS, NOTES, & JUDGMENTS: State the names and addresses of any and all persons whom the defendant believes owes the defendant money, and set forth in detail the amount of money owed, the terms of payment, and whether or not the defendant has written evidence of this indebtedness, and if so, the location thereof. Also state whether the matter is in litigation, and if so, give full details. If the defendant holds mortgages or judgments as security for any of these debts, state where and when such was recorded or entered, and the county, book, page number, and tern where recorded. If the defendant holds this judgment or mortgage jointly with any other person or persons, give their name and address. 6. INSURANCE: State whether or not the defendant is the owner of any life insurance contracts. If so, state the persons whose lives are insured, the serial or policy number or numbers of the contracts, the face amount, the exact name and address of the insurance companies, the named beneficiary or beneficiaries, and the beneficiary's present address. If the defendant owns this insurance jointly with any other person or persons, give that person's name and address. State whether such policies are term, whole life, or some other type of policy. State also whether such policies have any cash value and whether there exist any loans against such policies and, if so, state all amounts. 7. GOVERNMENT, MUNICIPAL, OR CORPORATE BONDS: State whether or not the defendant owns individually or jointly any corporate or governmental bonds. If so, include the face amount, serial numbers, and maturity dates and state the present location thereof. If the defendant owns any of these bonds jointly with any other person or persons, give that person's name and address. 8. SHARES OR INTEREST: State whether or not the defendant owns any stocks, shares, or interest in any corporation or unincorporated association or partnership interest, limited or general, and state the location thereof. Include the names and addresses of the organizations and the serial numbers of the shares or stocks. If the defendant owns any of the stocks, shares, or interest jointly with any other person or persons, give that person's name and address. 10 9. DEPOSITORY ACCOUNTS: State whether or not the defendant maintains any checking, savings, or other depository accounts. If so, state the name and location of the depository institution and the branch or branches thereof, the identification numbers of those accounts, and the amount the defendant has in each account. If the defendant maintains any of these jointly with another person, give that person's name and address. 10. SAFETY DEPOSIT BOXES: State whether or not the defendant maintains any safety deposit boxes. If so, include the name of the institution, branch or branches, and the identification number or other designation of the box or boxes. Include a full description of the contents and the amount of cash among those contents. If the defendant maintains any of these jointly with another person, give that person's full name and address. 11. PERSONAL PROPERTY: State whether or not the defendant owns any personal property. Include a full description of all machinery, equipment, inventory, furniture, fixtures, furnishings, and any other items of personal property with full description, giving full value and present location. State also whether or not there are any encumbrances or liens on that property and, if so, the name and address of the encumbrance or lien holder, the present balance owing on that encumbrance, and the transaction that gave rise to the existence of the encumbrance. State where and when the encumbrance or lien was recorded. If the defendant owns any personal property jointly with any other person or persons, give that person's name and address. 12. RENTED PROPERTY: Is any of the property of the defendant rented to, leased to, or otherwise in possession of a third person? If so, give a full description of the property and state the name and address of the person, firm, or other entity who has possession of the property, the circumstances and reason why the property is in the possession of the third person, the consideration or payment received by the defendant, and the name and address of the person who receives the rents or other consideration on behalf of the defendant. 13. MOTOR VEHICLES: State whether or not the defendant owns or has any rights in any motor vehicles. Include a full description of each motor vehicle including color, model, title number, serial number, and registration plate number. Also show the name or names in which each motor vehicle is registered, the present value of each motor vehicle, and each vehicle's present location and place of regular storage, garaging, or parking. State also whether or not there are any encumbrances on those motor vehicles and, if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of that encumbrance, the present balance of the encumbrance, and the transaction that gave rise to the existence of the encumbrance. If not owned, state the extent of the defendant's rights in and to such vehicles. 14. OTHER ASSETS: If the defendant has an ownership interest, possession, or any other interest in any assets, claims, or accounts receivables that are not disclosed in the preceding interrogatories, please set forth all details concerning those interests. 16 15. (a) If you are an individual, state your social security number and Pennsylvania (or other state) motor vehicle operator's license number. (b) If you are a corporation, state your federal tax identification number, date, and state of your incorporation. DATED: September 29, 2008 By: Thomas A. Archer ,'Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs (--;-Z?? VERIFICATION Understanding that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, Unsworn Falsification to Authorities, I verify that I am a defendant in the above matter and that, after inquiry, the facts set forth in the foregoing answers to postjudgment interrogatories are true, correct, and complete to the best of my knowledge, information, and belief. DATE: _ Signature Present Address Telephone Number CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via certified mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars 345 9" Street New Cumberland, PA 17070 Pro Se Date: September 29, 2008 U Jessica R. Porter, Paralegal ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants TO: Richard Patterson 354 9`h Street New Cumberland, PA 17070 CIVIL ACTION - LAW Docket No.: 08-3891 JURY TRIAL DEMANDED POST JUDGMENT REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT The following documents in the attached schedule are to be produced for inspection, testing, and copying in the above-designated offices of counsel thirty days from this date. You must produce those items possessed or controlled by you or anyone acting or having acted on your behalf including, but not limited to your attorneys, accountants, agents, servants, workmen, employees, and other natural persons, businesses, or organizations. Alternatively, you may respond by attaching marked copies of the documents hereto, executing the verification, and transmitting the documents and verification to the undersigned. These requests for production are continuing. Any items secured subsequent to the production of those requested that would have been includable in the initial response should be produced immediately after they are brought to your attention or come within your possession or control as previously defined. The term document as used herein means any report, writing, memorandum, correspondence, tape, electronic or magnetic recording, computer program or data, visual or audio reproduction, sketch, drawing, photograph, or other manual, stenographic, mechanical, or other form of record. Production should be made whether your interest in the document identified and account or obligation evidenced thereby is sole or joint. Each request and portion of each result is deemed severable, and if objection is made to all or part of a request, the remainder should be produced. If you object solely to the copying or testing of a document or thing, it should be produced for inspection. 1. Your last income tax returns filed with each separate taxing authority. 2. All Internal Revenue Service form 1099s (regardless of letter designation) and form W-2s (regardless of letter designation) received by you in the past year. 3. Your last financial statement. 4. Your checking, savings, and other bank account records for the last three months including, but not limited to, canceled checks, statements, and deposit tickets. 5. Your current books of account. 6. Writings evidencing your claims against, and accounts receivable from, others. 7. Your leases, certificates of title, deeds, mortgages, stocks, bonds, securities, promissory notes, contracts, and agreements. 8. Loan applications submitted by you within the past year. 9. Policies of insurance in which you are named as an insured or beneficiary. DATED: September 29, 2008 By: "Thomas A. Archer, Esquife 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs VERIFICATION Understanding that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, Unsworn Falsification to Authorities, I verify that I am [ ] an authorized representative of the defendant [ ] the defendant and that the request for production of documents has been complied with by supplying the copies of the documents annexed hereto, which are true and correct copies of the originals thereof to the best of my knowledge, information, and belief. Date: Name: Richard Patterson CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via certified mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Hen's Used Cars 345 9`h Street New Cumberland, PA 17070 Pro Se Date: September 29, 2008 Jessica R. Porter, Paralegal o y O \? K C. $ £w ?T o .v ls ?? ¢ o c X i o d o 01 N a d ¢.?yEo c6 102 u C ? ? L D m ? m - d g N r R O d m w E G d c 8 c r ? C ? U r Q ? N y _ 0 3 « « E TV U c Ec mo Q - aH o` I U ?dt CY v J c lr '? T y L S O 1 ?,1 r ?\ y Q V { ?) a ? ?ti s m U Q?E :.i z CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9th Street New Cumberland, PA 17070 Pro Se Date: May 14, 2009 Jessica R. Porter, Paralegal Al G 2NO9 M?°'9' ! F 2: 4 1 f ,-%, ARCH R & ARCHER, P.C. By: Tho mas A. Archer, Esquire 2515 N. Front Street P.O. Bo 5056 Harrisbu rg, PA 17110-0056 717.23 .8676 Attorne for Plaintiffs 1-.-tJN1N 111 r. LLOYD and : IN THE COURT OF COMMON PLEAS ELDO L. JOINER, by and through his : CUMBERLAND COUNTY Power of Attorney, CHARLES E. JOINER, : PENNSYLVANIA Plaintiffs, CIVIL ACTION - LAW V. : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a H RR' S USED CARS and BAC OADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. MENT TO PLAINTIFFS' MOTION TO COMPEL ANSWERS TO ATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Neither the Court nor any Judge has previously heard argument or made a ruling regarding this matter. Plaintiffs assume that the Defendant does not consent to the filing of this Motion because as stated in Plaintiffs' original Motion, a copy of the Motion was sent to the Defendant requiring a response within ten (10) days and none has been received to date. Date: May 22, 2009 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs 1 . ,. `, CERTIFICATE OF SERVICE I, J?ssica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and co?rect copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail return receipt requested, addressed as follows: lard Patterson, d/b/a •'s Used Cars and Backroads Select Pre-owned Vehicles 9"' Street Ne Cumberland, PA 17070 Pro Se Date: Ma 22, 2009 !j1M1Jes&sic?aa R. Porter, Paralegal low FILFL% {?µ TFE C ±?^Ktif 2' 9 MAY 2'i A 6f 5 d; r, MAY 19 2009 e ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION -LAW Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. ORDER AND NOW, this 29' day of e!V1 , 2009, upon consideration of Plaintiffs' Motion to Compel Answers to Interrogatories and Requests for Product of Documents, it is hereby ORDERED that the Motion is GRANTED. Defendants must make full and complete answers to the Interrogatories and full and complete responses to the Requests for Production of Documents,•ti ekAebje06-mt within thirty (30) days of the date of is order or A 0,j* d#w j k rnt? Of. L..r appropriate sanctions shall be imposed upon Defendants following application to the Court. n f ,.'7+r rt.. .Jr 5la4?104 0?,??,s F?+r y i. A,:.c ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, CIVIL ACTION - LAW V. : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. MOTION FOR DISCOVERY SANCTIONSC FOR FAILURE TO OBEY COURT ORDER TO ANSWER INTERROGATORIES & PRODUCE DOCUMENTS Plaintiff, by its undersigned counsel, moves this court for an Order, pursuant to Pa.R.Civ.P. 4019, to compel Defendants to respond to interrogatories and, in support thereof, avers the following: 1. Judgment for Plaintiff, Kenneth F. Lloyd against Defendants was entered in the sum of $12,427.54 on September 3, 2008. 2. Judgment for Plaintiff, Eldon J. Joiner, was entered in the sum of $9,036.85 on September 3, 2008. 3. Plaintiff served interrogatories and requests for production of documents upon Defendants via certified mail, return receipt requested and U.S. first class mail on October 1, 2008. 4. Pursuant to Pa.R.Civ.P. 4006(a)(2), Defendants' responses to the interrogatories and requests for documents were due within thirty days after they had been served, but none have been received as of the date of giving notice hereof. 4. This court, by Order of the Honorable Kevin A. Hess, directed Defendants to make full and complete answers to interrogatories and responses to requests for production of documents within thirty (30) days on May 29, 2009, and a copy of that Order was duly served by Plaintiffs' counsel on Defendants on June 1, 2009. The Court's May 29, 2009 Order and counsel's letter serving same on Defendants are attached hereto as Exhibit "A." Notwithstanding the foregoing, Defendants have neglected, failed, and refused to supply answers to the interrogatories or response to request for production of documents. 6. As stated herein, the Honorable Kevin A. Hess issued an Order in this matter on May 29, 2009. 7. Both the Court's Order dated May 29, 2009 and counsel's service letter advised Defendants that further application would be made to this Court upon Defendants' failure to comply with the Order. Plaintiffs accordingly deem further notice of the instant supplemental motion to Defendants to be both futile and unnecessary. WHEREFORE, Plaintiffs respectfully request the court to approve the proposed Order annexed hereto. Date: July 8, 2009 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs Exhibit "A" LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. NEW JERSEY OFFICE: Admitted PA & NJ 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 37 MOUNTAIN BOULEVARD Admdtted PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 SUITE 1 WARREN, NJ 07059 (717) 233-8676 (908) 995-2000 FAX: (717) 233-8675 FAX: (908) 995=2104 www.archerandarcher.com June 1, 2009 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Patterson, Individually and d/b/a Hen's Used Cars and Backroads Select Preowned Vehicles 345 9a` Street New Cumberland, PA 17070 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner v. Richard Patterson, Individually and d/b/a Herf's Used Cars and Backroads Select Preowned Vehicles Cumberland County _CCP Docket No.: 08-3891 Dear Mr. Patterson: Enclosed please find a copy of the Court's May 29, 2009 Order regarding the motion to compel that was filed in the above-referenced matter. Please be aware that you have thirty (30) days.from the date of service hereof to respond to the outstanding discovery requests. If we do not receive your responses within that time, we will notify the court of your failure to comply with a court order, and seek sanctions that may include your arrest. Please be guided accordingly. Very truly yours, -1-A V Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, Plaintiffs, V. MAY 19 2009G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. ORDER AND NOW, this 2' 1' day of 2009, upon consideration of Plaintiffs' Motion to Compel Answers to Interrogatories and Requests for Product of Documents, it is hereby ORDERED that the Motion is GRANTED. Defendants must make full and complete answers to the Interrogatories and full and complete responses to the Requests for Production of Documents,*4keet objeelie:r OpInI06011 fm , within thirty (30) days of the date of this order or at VW d••iJ ra fl'? r?? rd.. appropriate sanctions shall be imposed upon Defendants following application to the Court. tounsel n in's Wt Ulm "t t% tmt* J. CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9th Street New Cumberland, PA 17070 Pro Se Date: July 8, 2009 Jessica R. Porter, Paralegal OF THE 2009 'U'- -9 r ! 2: 50 ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and : IN THE COURT OF COMMON PLEAS ELDON L. JOINER, by and through his : CUMBERLAND COUNTY Power of Attorney, CHARLES E. JOINER, : PENNSYLVANIA Plaintiffs, V. RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, : CIVIL ACTION - LAW Docket No.: 08-3891 JURY TRIAL DEMANDED Defendants MOTION TO COMPEL APPEARANCE FOR DEPOSITION TESTIMONY Plaintiffs, by their undersigned counsel, move this Court for an Order, pursuant to Pa.R.C.P. 4019, to compel Defendant, Richard Patterson, to appear for and give testimony at a deposition in aid of execution, and in support thereof, aver the following: 1. Judgment for Plaintiff, Kenneth F. Lloyd, was entered in the sum of $12,427.54 on September 3, 2008. 2. Judgment for Plaintiff, Eldon L. Joiner, was entered in the sum of $9,036.85 on September 3, 2008. 3. Plaintiffs sent a Notice of Deposition in Aid of Execution to Defendant, Richard Patterson, on May 13, 2009. A true and correct copy of Plaintiffs' Notice of Deposition in Aid of Execution is attached hereto as Exhibit "A." 4. Defendant's deposition was scheduled to occur on Monday, June 1, 2009 at 10:00 am. Plaintiff and counsel were present at the deposition and waited for Defendant's arrival until approximately 10:25 a.m. The Defendant did not appear for his deposition nor did he contact Plaintiffs' counsel in any way acknowledging the deposition. A true and correct copy of the deposition transcript is attached hereto as Exhibit "B." 5. Defendant has not responded to Plaintiffs' counsel to request the deposition be rescheduled or acknowledge the deposition in any way. 6. Plaintiffs require an Order pursuant to Pa.R.C.P. 4019(a)(1)(i) and 4019(a)(1)(iv), compelling Defendant, Richard Patterson, to appear for and give testimony at a deposition and directing Defendant, Richard Patterson, to pay Plaintiffs' counsel fees for preparation of this motion, as well as Plaintiff's costs for the prior deposition. 7. On May 29, 2009, the Honorable Kevin A. Hess issued an Order granting Plaintiffs' Motion to Compel Answers to Interrogatories and Requests for Production of Documents and required that Defendants provide responses to Plaintiffs' Interrogatories and Requests for Production of Documents within thirty (30) days of the date of service of the Order. Defendants have not complied with the Order. 8. Plaintiffs assume that Defendant does not consent to the filing of this Motion because the Defendant has provided no response to the May 13, 2009 Notice of Deposition in Aid of Execution, nor a copy of the instant motion, which was mailed to Defendants on July 8, 2009. See counsel's correspondence to Defendants attached hereto as Exhibit "C." WHEREFORE, Plaintiffs respectfully request the Court to approve the proposed order annexed hereto. Date: July 21, 2009 By; Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs Exhibit "A" LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. Admitted PA & NJ 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5656 Admitted PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX: (717) 233-8675 f»nv.archerandarcher.com May 13, 2009 Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles 345 9th Street New Cumberland, PA 17070 NEW JERSEY OFFICE: 37 MOUNTAIN BOULEVARD SUITE I WARREN, NJ 07059 (908) 995-2000 FAX: (908) 995-2104 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E Joiner :v. Richard Patterson, Individually and d/b/a Herr's Used Cars and $ackroads.Select Preowned Vehicles Cumberland County CCP DocketNo.: 08-3891 Dear Mr. Patterson: Enclosed please f nd a Notice of leposition in Aid of Execution directed to your attention. Your deposition is scheduled for M ' day, June 1, 2009 beginning at 11 1 a.m. Thank you. Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) EXHIBIT N ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants. Docket No.: 08-3891 : JURY TRIAL DEMANDED NOTICE OF DEPOSITION IN AID OF EXECUTION To: Richard Patterson 345 9th Street New Cumberland, PA 17070 Notice if given herewith that, pursuant to the Rules of Civil Procedure, the depositon of Richard Patterson will be taken at oral examination at Archer & Archer, P.C., 2515 North Front Street, Harrisburg, PA 17110 on Monday, June 1, 2009 at 10:00 a.m. and at any and all adjournment thereof. The deponent is instructed to produce the following for inspection and copying: your last financial statements, last income tax returns filed with each separate taxing authority, back account records for the last three months (including but not limited to cancelled checks, statements), current books of account, evidence of Defendant's claims against others, receivables, leases, certificates of title, deeds, mortgages, stock, bonds, securities, notes, contracts, agreements, and loan application submitted within the past two years. Date: May 13, 2009 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9t" Street New Cumberland, PA 17070 Pro Se Date: May 14, 2009 Jessica R. Porter, Paralegal Exhibit "B" KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney CHARLES E. JOINER, Plaintiffs VS RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants DEPOSITION OF: TAKEN BY: BEFORE: DATE: PLACE: JAPPEARANCES: : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3891 CIVIL ACTION - LAW JURY TRIAL DEMANDED RICHARD PATTERSON Plaintiff HEATHER L. ARTZ, RMR, CRR REPORTER-NOTARY June 1, 2009 ARCHER & ARCHER, P.C. 2515 North Front Street Harrisburg, Pennsylvania ARCHER & ARCHER, P.C. BY: THOMAS A. ARCHER, ESQUIRE FOR - PLAINTIFFS ALSO PRESENT: CHARLES JOINER JEAN DAVXS REPORTIIVO 7786 Hanoverdale Drive • Harrisburg, PA 17112 Phone (717) 503-6568 • Fax (717) 566-7760 2 ¦ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ARCHER: This was the date and time set for the deposition in aid of execution sent to -- notice of which was sent to the deponent Richard Patterson as of May 13th, 2009. We will attach to the transcript as Exhibit A a copy of the Notice of Deposition. It is now 10:25, the deposition having been scheduled for 10:00 a.m. Mr. Patterson has not appeared nor has he telephoned the office to communicate that he is running late or to reschedule or to in any other way acknowledge the deposition. Therefore, we will end the deposition at this time, which is approximately 10:25 a.m. on Monday, June 1st, 2009, and seek appropriate motion from the Court to compel Mr. Patterson's attendance at a deposition in the near future. (Proceedings concluded at 10:25 a.m.) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMONWEALTH OF PENNSYLVANIA) ) ss COUNTY OF DAUPHIN ) I, HEATHER L. ARTZ, RMR, CRR, a Court Reporter-Notary Public authorized to administer oaths and take depositions in the trial of causes, and having an office in Mechanicsburg, Pennsylvania, do hereby certify the foregoing is the testimony of RICHARD PATTERSON taken by Plaintiff at ARCHER & ARCHER, P.C., 2515 North Front Street, Harrisburg, Pennsylvania. I further certify that before the taking of sai deposition the witness was duly sworn; that the questions and answers were taken down in stenotype by the said Reporter-Notary, approved and agreed to, and afterwards reduced to computer printout under the direction of said Reporter. I further certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within deposition, and that this copy is a correct transcript of the same. IN WITNESS WHEREOF, I have hereunto subscribed my hand this 9th day of June, 2009. A J.. wjj---- TA LIC My Commission Expires February 22, 2010. LAW OFFICES ARCHER & ARCHER, P. C. THOMAS A. ARCHER, ESQ. Admitted PA & NJ 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 Admitted PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 PAX: (717) 233-8675 wmv.archerandarcher.com May 13, 2009 NEW JERSEY OFFICE: 37 MOUNTAIN. BOULEVARD SUITE 1 WARREN, NJ 07059 (908) 995-2000 FAX: (908) 995-2104 Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles 345 91h. Street - New Cumberland, PA 17070 RE: Kenneth F. Lloyd, and.Eldon Joiner, by and through his Power of Attorney, Charles-E. Joiner v. Ric-hard Patterson, Individually and d/b/a Hem's Used.; Cars and Backroads Select Preowned Vehicles Cumberland County, CCP Docket No.: 08-3891 Dear Mr. Patterson: . Enclosed please find a Notice of Deposition in Aid of Execution directed to your attention. Your deposition is scheduled for Monday, June 1, 2009 beginning at 1,0:00 a.m. Thank you. Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) EXHI *4?j BIT ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION -LAW RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants. : Docket No.: 08-3891 JURY TRIAL DEMANDED NOTICE OF DEPOSITION IN AID OF EXECUTION To: Richard Patterson 345 9th Street New Cumberland, PA 17070 Notice if given herewith that, pursuant to the Rules of Civil Procedure, the depositon of Richard Patterson will be taken at oral examination at Archer & Archer, P.C., 2515 North Front Street, Harrisburg, PA 17110 on Monday, June 1, 2009 at 10:00 a.m. and at any and all adjournment thereof. The deponent is instructed to produce the following for inspection and copying: your last financial statements, last income tax returns filed with each separate taxing authority, back account records for the last three months (including but not limited to cancelled checks, statements), current books of account, evidence of Defendant's claims against others, receivables, leases, certificates of title, deeds, mortgages, stock, bonds, securities, notes, contracts, agreements, and loan application submitted within the past two years. Date: May 13, 2009 By:_I?? ?- Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9"' Street New Cumberland, PA 17070 Pro Se Date: May 14, 2009 Jessica R. Porter, Paralegal Exhibit "C" LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. NEW JERSEY OFFICE: Admitted PA & N? 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 37 MOUNTAIN BOULEVARD Admitted PA & N? HARRISBURG, PENNSYLVANIA 17110-0056 SUITE i WARREN, NJ 07059 (717) 233-8676 (908) 995-2000 FAX: (717) 233-8675 FAX: (908) 995-2104 www.archerandercher.com July 8, 2009 Richard Patterson, Individually and d/b/a Herr's Used -Cars and Backroads Select Preowned Vehicles 345 9' Street New Cumberland, PA 17070 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner v. Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles Cumberland County CCP Docket No..: 08-3891 Dear Mr. Patterson: Enclosed please find Plaintiffs' motion to compel your appearance for a deposition testimony regarding this matter. If we,do not hear from you within ten (10) days of this letter, we will assume that you do not consent to the filing of this motion and it will accordingly be filed with the Court. Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. ORDER AND NOW, this day of , 2009, upon consideration of Plaintiffs' Motion to Compel Appearance for Deposition Testimony of Defendant, Richard Patterson, it is hereby ORDERED that the Motion is GRANTED. Defendant, Richard Patterson, shall within thirty (30) days of service of this Order, appear for and give testimony at a deposition to be scheduled by Plaintiffs' counsel, or appropriate sanctions shall be imposed upon Defendant, Richard Patterson, following further application to the Court. Defendant shall pay Plaintiffs for the cost of the previously scheduled deposition and counsel fees as compensation for the preparation and processing of this Motion, in the sum of $300.00. DRAFT J. ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. CIVIL ACTION - LAW : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. MOTION TO COMPEL APPEARANCE FOR DEPOSITION TESTIMONY Plaintiffs, by their undersigned counsel, move this Court for an Order, pursuant to Pa.R.C.P. 4019, to compel Defendant, Richard Patterson, to appear for and give testimony at a deposition in aid of execution, and in support thereof, aver the following: 1. Judgment for Plaintiff, Kenneth F. Lloyd, was entered in the sum of $12,427.54 on September 3, 2008. 2. Judgment for Plaintiff, Eldon L. Joiner, was entered in the sum of $9,036.85 on September 3, 2008. 3. Plaintiffs sent a Notice of Deposition in Aid of Execution to Defendant, Richard Patterson, on May 13, 2009. A true and correct copy of Plaintiffs' Notice of Deposition in Aid of Execution is attached hereto as Exhibit "A." 1 4. Defendant's deposition was scheduled to occur on Monday, June 1, 2009 at 10:00 am. Plaintiff and counsel were present at the deposition and waited for Defendant's arrival until approximately 10:25 a.m. The Defendant did not appear for his deposition nor did he contact Plaintiffs' counsel in any way acknowledging the deposition. A true and correct copy of the deposition transcript is attached hereto as Exhibit "B." 5. Defendant has not responded to Plaintiffs' counsel to request the deposition be rescheduled or acknowledge the deposition in any way. 6. Plaintiffs require an Order pursuant to Pa.R.C.P. 4019(a)(1)(i) and 4019(a)(1)(iv), compelling Defendant, Richard Patterson, to appear for and give testimony at a deposition and directing Defendant, Richard Patterson, to pay Plaintiffs' counsel fees for preparation of this motion, as well as Plaintiff s costs for the prior deposition. 7. On May 29, 2009, the Honorable Kevin A. Hess issued an Order granting Plaintiffs' Motion to Compel Answers to Interrogatories and Requests for Production of Documents and required that Defendants provide responses to Plaintiffs' Interrogatories and Requests for Production of Documents within thirty (30) days of the date of service of the Order. Defendants have not complied with the Order. 8. Plaintiffs assume that Defendant does not consent to the filing of this Motion because the Defendant has provided no response to the May 13, 2009 Notice of Deposition in Aid of Execution, nor a copy of the instant motion, which was mailed to Defendants on July 8, 2009. See counsel's correspondence to Defendants attached hereto 2 as Exhibit "C." WHEREFORE, Plaintiffs respectfully request the Court to approve the proposed order annexed hereto. Date: July 8, 2009 BY; DRM- Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs Exhibit "A" LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. Admitted PA & NJ 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. Admitted PA & NJ -P.O. BOX 5056 HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX: (717) 233-8675 wwmarcherandarchcr.com May 13, 2009 Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles 345 9" Street New Cumberland, PA 17070 NEW JERSEY OFFICE: 37 MOUNTAIN BOULEVARD SUITE I WARREN, NJ 07059 (908) 995-2000 FAX: (908) 995-2104 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E Joiner :v. Richard Patterson, Individually and d/b/a Here's Used Cars and 13a6kroads Select Preowned Vehicles Cumberland County.CCP Docket No.: 08-389.1 Dear Mr. Patterson: Enclosed please f nd a Nohee of Deposlhon in Aid of Execution directed to your attention. Your deposition is scheduled a.m. for Monday, June 1, 2009 beginning at 10:00 Thank you. Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) ARCHER & ARCHER, P.C. By: Thomas'A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY : PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW RICHARD PATTERSON, Individually and Docket No.: 08-3891 d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED : JURY TRIAL DEMANDED VEHICLES, Defendants. NOTICE OF DEPOSITION IN AID OF EXECUTION To: Richard Patterson 345 9rh Street New Cumberland, PA 17070 Notice if given herewith that, pursuant to the Rules of Civil Procedure, the depositon of Richard Patterson will be taken at oral examination at Archer & Archer, P.C., 2515 North Front Street, Harrisburg, PA 17110 on Monday, June 1, 2009 at 10:00 a.m. and at any and all adjournment thereof. The deponent is instructed to produce the following for inspection and copying: your last financial statements, last income tax returns filed with each separate taxing authority, back account records for the last three months (including but not limited to cancelled checks, statements), current books of account, evidence of Defendant's claims against others, receivables, leases, certificates of title, deeds, mortgages, stock, bonds, securities, notes, contracts, agreements, and loan application submitted within the past two years. Date: May 13, 2009 By: ?' Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9"' Street New Cumberland, PA 17070 Pro Se Date: May 14, 2009 L :9 .g' Jessica R. Porter, Paralegal Exhibit "B" r-? KENNETH F. LLOYD and COURT OF COMMON PLEAS ELDON L. JOINER, by and CUMBERLAND COUNTY, PENNSYLVANIA through his Power of Attorney CHARLES E. JOINER, ; NO. 08-3891 Plaintiffs , VS : CIVIL ACTION - LAW RICHARD PATTERSON, individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants , DEPOSITION OF: RICHARD PATTERSON TAKEN BY: Plaintiff BEFORE: HEATHER L. ARTZ, RMR, CRR REPORTER-NOTARY DATE: June 1, 2009 PLACE: ARCHER & ARCHER, P.C. 2515 North Front Street Harrisburg, Pennsylvania APPEARANCES: ARCHER & ARCHER, P.C. BY: THOMAS A. ARCHER, ESQUIRE FOR - PLAINTIFFS ALSO PRESENT: CHARLES JOINER JEAN DAVIS REPORTING 7786 Hanoverdale Drive Harrisburg, PA 17112 Phone (717) 503-6568 • Fax (717) 566-7760 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. ARCHER: This was the date and time set for the deposition in aid of execution sent to -- notice of which was sent to the deponent Richard Patterson as of May 13th, 2009. We will attach to the transcript as Exhibit A a copy of the Notice of Deposition. It is now 10:25, the deposition having been scheduled for 10:00 a.m. Mr. Patterson has not appeared nor has he telephoned the office to communicate that he is running late or to reschedule or to in any other way acknowledge the deposition. Therefore, we will end the deposition at this time, which is approximately 10:25 a.m. on Monday, June 1st, 2009, and seek appropriate motion from the Court to compel Mr. Patterson's attendance at a deposition in the near future. (Proceedings concluded at 10:25 a.m.) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMONWEALTH OF PENNSYLVANIA) ) ss COUNTY OF DAUPHIN ) I, HEATHER L. ARTZ, RMR, CRR, a Court Reporter-Notary Public authorized to administer oaths and take depositions in the trial of causes, and having an office in Mechanicsburg, Pennsylvania, do hereby certify the foregoing is the testimony of RICHARD PATTERSON taken by Plaintiff at ARCHER & ARCHER, P.C., 2515 North Front Street, Harrisburg, Pennsylvania. I further certify that before the taking of sai deposition the witness was duly sworn; that the questions and answers were taken down in stenotype by the said Reporter-Notary, approved and agreed to, and afterwards reduced to computer printout under the direction of said Reporter. I further certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within deposition, and that this copy is a correct transcript of the same. IN WITNESS WHEREOF, I have hereunto subscribed my hand this 9th day of June, 2009. TA LIC My Commission Expires February 22, 2010. LAW OFFICES ARCHER & ARCHER, P. C. THOMAS A. ARCHER, ESQ. Admitted 'PA & ]VJ . 2515 NORTH FRONT STREET NEW JERSEY OFFICE: JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 Admitted FA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 37 MOUNTAIN BOULEVARD SUITE 1 (717) 233-8676 WARREN, NJ 07059 (908 FAX: (717) 233-8675 ) 995-2000 www,archerandarcher.com FAX: (908) 995-2704 May 13, 2009 Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads' Select Preowned Vehicles 345 9"'. Street New Cumberland, PA 17070 RE: Kenneth F. Lloyd.'p. d.Eldon Joiner, by and through his Power of Attorney, Charles. Joiner v. Richard Patterson, -Individually and d/b/a Herr's Used:Cars and Backroads Select Preowned Vehicles Cumberland County , Docket No.: 08=3891 . Dear Mr. Patterson; . Enclosed please fnd a Notice of pepositlon 1 Aid of Execution dlrected`to your attention. Your deposition is scheduled fox Mond a.m. ay, June 1, 2009 beginning at 1.0:00 Thank you. Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc) EXH181.7 ARCHER & ARCHER, P.C. By: Thomas.A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. RICHARD PATTERS ON, Individually and dJb/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, CIVIL ACTION - LAW Docket No.: 08-3891 : JURY TRIAL DEMANDED Defendants. NOTICE OF DEPOSITION IN AID OF EXECUTION To: Richard Patterson 345 9`h Street New Cumberland, PA 17070 Notice if given herewith that, pursuant to the Rules of Civil Procedure, the depositon of Richard Patterson will be taken at oral examination at Archer & Archer, P.C., 2515 North Front Street, Harrisburg, PA 17110 on Monday, June 1, 2009 at 10:00 a.m. and at any and all adjournment thereof The deponent is instructed to produce the following for inspection and copying: your last financial statements, last income tax returns filed with each separate taxing authority, back account records for the last three months (including but not limited to cancelled checks, statements), current books of account, evidence of Defendant's claims against others, receivables., leases, certificates of title, deeds, mortgages, stock, bonds, securities, notes, contracts, agreements, and loan application submitted within the past two years. Date: May 13, 2009 By: - _ !If- Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as :follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9"' Street New Cumberland, PA 17070 Pro Se Date: May 14, 2009 Jessica RR. V Porter, Paralegal Exhibit "C" LAW OFFICES ARCHER & ARCHER, P. C. THOMAS A. ARCHER, ESQ. Admitted PA & NJ JENNIFER BUSH ARCHER, ESQ. Admitted PA & NJ NEW JERSEY OFFICE: 2515 NORTH FRONT STREET P.O. BOX 5056 HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX; (717)-M-8675 www.archerandarcher.com July 8, 2009 Richard. Patterson, Individually and d/b/a Herr's Used Cars.and Backroads Select Preowned Vehicles 345 9" Street New Cumberland PA 17p70 37 MOUNTAIN BOULEVARD SUITE 1 WARREN, NJ 07059 (908) 995-2000 FAX: (908) 995-2104 RE: Kenneth F. Lloyd :and Eldon Joiner, by and through his Power of Attorn ey, Charles E. Joiner V, Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles Cumberland County CCP Docket No.: 08-3891 Dear Mr. Patterson: Enclosed. please find Plaintiffs' motion to compel your appearance for a deposition testimony. regarding this matter. If we do not, he from you within ten (10) days of this letter, we will assume that you do not consent to the filing of this motion and it will accordingly be filed with the Court. Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for. Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW V. Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED ; JURY TRIAL DEMANDED VEHICLES, Defendants. ORDER AND NOW, this day of 2009, upon consideration of Plaintiffs' Motion- to Compel Appearance for Deposition Testimony of Defendant, Richard Patterson, it is hereby ORDERED that the Motion is GRANTED. Defendant, Richard Patterson, shall within thirty (30) days of service of this Order, appear for and give testimony at a deposition to be scheduled by Plaintiffs' counsel, or appropriate sanctions shall be imposed upon Defendant, Richard Patterson, following further application to the Court. Defendant shall pay Plaintiffs for the cost of the previously scheduled deposition and counsel fees as compensation for the preparation and processing of this Motion, in the sum of $300.00. J. ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and : IN THE COURT OF COMMON PLEAS ELDON L. JOINER, by and through his : CUMBERLAND COUNTY Power of Attorney, CHARLES E. JOINER, : PENNSYLVANIA Plaintiffs, V. CIVIL ACTION - LAW RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants. Docket No.: 08-3891 JURY TRIAL DEMANDED MOTION TO COMPEL APPEARANCE FOR DEPOSITION TESTIMONY Plaintiffs, by their undersigned counsel, move this Court for an Order, pursuant to Pa.R.C.P. 4019, to compel Defendant, Richard Patterson, to appear for and give testimony at a deposition in aid of execution, and in support thereof, aver the following: 1. Judgment for Plaintiff, Kenneth F. Lloyd, was entered in the sum of $12,427.54 on September 3, 2008. 2. Judgment for Plaintiff, Eldon L. Joiner, was entered in the sum of $9,036.85 on September 3, 2008. 3. Plaintiffs sent a Notice of Deposition in Aid of Execution to Defendant, Richard Patterson, on May 13, 2009. A true and correct copy of Plaintiffs' Notice of Deposition in Aid of Execution is attached hereto as Exhibit "A." 1 4. Defendant's deposition was scheduled to occur on Monday, June 1, 2009 at 10:00 am. Plaintiff and counsel were present at the deposition and waited for Defendant's arrival until approximately 10:25 a.m. The Defendant did not appear for his deposition nor did he contact Plaintiffs' counsel in any way acknowledging the deposition. A true and correct copy of the deposition transcript is attached hereto as Exhibit "B." 5. Defendant has not responded to Plaintiffs' counsel to request the deposition be rescheduled or acknowledge the deposition in any way. 6. Plaintiffs require an Order pursuant to Pa.R.C.P. 4019(a)(1)(i) and 4019(a)(1)(iv), compelling Defendant, Richard Patterson, to appear for and give testimony at a deposition and directing Defendant, Richard Patterson, to pay Plaintiffs' counsel fees for preparation of this motion, as well as Plaintiff s costs for the prior deposition, 7. On May 29, 2009, the Honorable Kevin A. Hess issued an Order granting Plaintiffs' Motion to Compel Answers to Interrogatories and Requests for Production of Documents and required that Defendants provide responses to Plaintiffs' Interrogatories and Requests for Production of Documents within thirty (30) days of the date of service of the Order. Defendants have not complied with the Order. 8. Plaintiffs assume that Defendant does not consent to the filing of this Motion because the Defendant has provided no response to the May 13, 2009 Notice of Deposition in Aid of Execution, nor a copy of the instant motion, which was mailed to Defendants on July 8, 2009. See counsel's correspondence to Defendants attached hereto as Exhibit "C." WHEREFORE, Plaintiffs respectfully request the Court to approve the proposed order annexed hereto. Date: July 8, 2009 By: D&AFT Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9th Street New Cumberland, PA 17070 Pro S'e Date: July 21, 2009 Jessica R. Porter, Paralegal OF THE 4t,., l r . Tf\ KENNETH F. LLOYD and ELDON L. JOINER, by and through : his Power of Attorney, CHARLES E.: JOINER, Plaintiffs VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, : Defendants : JURY TRIAL DEMANDED IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this ZP day of July, 2009, a brief argument on the plaintiff's motion to compel is set for Thursday, August 6, 2009, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ? Thomas A. Archer, Esquire For the Plaintiffs -/ Richard Patterson Defendant :rlm w? 4?Q s rn? ? ?l? BY THE COURT, O i1 Ir !._7id i,,. 2M JUL 23 PH 3: 3) KENNETH F. LLOYD and : IN THE COURT OF COMMON PLEAS OF ELDON L. JOINER, by and through : CUMBERLAND COUNTY, PENNSYLVANIA his Power of Attorney, CHARLES E.: JOINER, Plaintiffs CIVIL ACTION - LAW NO. 08-3891 CIVIL vs. RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, : Defendants : JURY TRIAL DEMANDED IN RE: PLAINTIFF'S MOTION FOR DISCOVERY SANCTIONS ORDER AND NOW, this Z 9 day of July, 2009, a brief argument on the plaintiff's motion for discovery sanctions is set for Thursday, August 6, 2009, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Xhomas A. Archer, Esquire For the Plaintiffs Richard Patterson Defendant :rlm I BY THE COURT, K evi . . Hess, J. FILE OF TH,7 - , [APY 2059 )Uf 2 9 AN i 1: t; 1 KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL RESPONSES TO NTERROGATORIES & PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 6th day of August, 2009, this matter having been called for argument, the defendant is given fifteen days within which to file a response to outstanding discovery in this case or suffer further sanctions, to include a fine of $55.00 per day, and such further sanctions as the court may deem appropriate upon further petition. Counsel fees are awarded in the amount of $400.00. By the Court., .? Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 . Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg 8 cd?° l OF ^Cs +, 11-11 v Py I'009 AUG 10 4i 9: 2 1 F ' i U' KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL APPEARANCE AT DEPOSITION ORDER OF COURT AND NOW, this 6th day of August, 2009, following argument thereon, the defendant is ordered and directed to appear for a deposition at 10:00 a.m. on Wednesday, August 26th, 2009, at the office of Thomas A. Archer, Esquire, 2515 North Front Street, Harrisburg, Pennsylvania, 17110. And in default of said appearance, to suffer sanctions, including but not limited to payment of an appearance fee. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 bbg ?-D 1 ES rn.?t ` , ?oIc-q r c009 AUSt 1 0 ri 'i 9- ! 1 KOPE & ASSOCIATES, LLC LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Ibeam(c)-kopelaw.com CHARLES W. McCOBB, Plaintiff, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-4390 TINA L. McCOBB, CIVIL ACTION -LAW Defendant. IN DIVORCE PRAECIPE TO WITHDRAW OBJECTIONS TO SUBPOENA TO THE PROTHONOTARY: Please enter the Plaintiff's voluntary withdrawal of the Objections to Subpoena Pursuant to Rule 4009.21 and to cancel the hearing on said Objections scheduled for Thursday, August 6, 2009 at 1:30pm. Date: Respectfully Submitted, KOPE & ASSOCIATES, LLC LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 (beam kopelaw.com Attorney for Plaintiff CHARLES W. McCOBB, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-4390 TINA L. McCOBB, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal, do hereby certify that on this 6th day of August , 2009 I served a true and correct copy of the foregoing Praecipe to Withdraw Objections to Subpoena Pursuant to Rule 4009.21 via regular U.S. First Class mail, postage prepaid, addressed as follows: Brian E. Sipe, Esquire 67 Buck Road, B-5 Huntingdon Valley, PA 19006 '10 J& Wehnert ' 5 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 r ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants SUPPLEMENTAL MOTION FOR DISCOVERY SANCTIONS FOR DEFENDANTS' FAILURE TO OBEY COURT ORDERS TO ANSWER INTERROGATORIES AND PRODUCE DOCUMENTS Plaintiff, by its undersigned counsel, moves this court for an Order, pursuant to Pa.R.Civ.P. 4019, to compel Defendants to respond to written discovery and impose sanctions, in support thereof, avers the following: 1. Judgment for Plaintiff, Kenneth F. Lloyd against Defendants was entered in the sum of $12,427.54 on September 3, 2008. 2. Judgment for Plaintiff, Eldon J. Joiner, was entered in the sum of $9,036.85 on September 3, 2008. 3. Plaintiff served interrogatories and requests for production of documents upon Defendants via certified mail, return receipt requested and U.S. first class mail on October 1, 2008. 4. Pursuant to Pa.R.Civ.P. 4006(a)(2), Defendants' responses to the interrogatories and requests for documents were due within thirty (30) days after they had been served, but none have been received as of the date of giving notice hereof. 5. On May 29, 2009, this Court, by Order of the Honorable Kevin A. Hess, directed Defendants to make full and complete answers to interrogatories and responses to requests for production of documents within thirty (30) days, and a copy of that Order was duly served by Plaintiffs' counsel on Defendants on June 1, 2009. The Court's May 29, 2009 Order and counsel's letter serving same on Defendants are attached hereto as Exhibit "A." 6. Notwithstanding the foregoing, Defendants neglected, failed, and refused to supply answers to the interrogatories or response to request for production of documents. 7. On July 9, 2009, Plaintiffs' filed a Motion for Discovery Sanctions for failure to obey the Court's Order directing Defendants to answer Plaintiffs' interrogatories and requests for production of documents. On August 6, 2009, the Court held a hearing on Plaintiffs' motions regarding Defendants' failure to obey the Court Order regarding Plaintiffs' written discovery requests, as well as hearing discussion regarding Plaintiffs' separate motion to compel Defendants' deposition testimony. 9. Defendant, Richard Patterson, doing business as Defendants Herr's Used Cars and Backroads Select Preowned Vehicles, attend the hearing before the Court at which time Mr. Patterson acknowledged his obligation to provide responses to Plaintiffs' written discovery requests and agreed to produce those responses within fifteen (15) days of the Court's Order. 10. By Order dated August 6, 2009, this Honorable Court, by the Honorable Kevin A. Hess, directed Defendants to serve response to all outstanding discovery or suffer further sanctions, including a fine of $55.00 per day, and such further sanctions as the Court may deem appropriate upon further petition. The Court also awarded counsel fees payable by Defendant to Plaintiffs in the amount of $400.00. 11. Defendant, Richard Patterson, is on the distribution list for the Order and also received written correspondence from Plaintiffs' counsel enclosing copies of the August 6, 2009 Orders of the Court. True and correct copies of the Court's August 6, 2009 Order and Plaintiffs' counsel's correspondence to Defendants are attached hereto as Exhibits "B" and "C," respectively. 12. The time has expired for which Defendants were to serve responses to Plaintiffs' written discovery requests and the Defendants, shockingly, having failed to serve such responses; the Defendants having additionally failed to make contact with Plaintiffs' counsel in any way; and, finally, the Defendants have failed to remit counsel fees in the amount of $400.00 to the Plaintiffs. 13. In light of the brazen and clear contempt of both the litigants' rights of the Plaintiffs and the clear and direct Orders of the Court, and there being no other form of procedure that has served to motivate the Defendants to comply with the litigants' rights of the Plaintiffs and the authority of this Court, Plaintiffs request that the Court order the arrest of Defendant, Richard Patterson, to be held in contempt until such time as Defendants comply with Plaintiffs' discovery requests and the various Orders of the Court. See, Behr v. Behr a/k/a Franklin, 548 Pa. 144 (1997). 14. As stated herein, the Honorable Kevin A. Hess, issued Orders in this matter on May 29, 2009 and August 6, 2009. 15. Both the Court's Order dated August 6, 2009 and counsel's service letters advised Defendants that further application would be made to this Court upon Defendants failure to comply with the Order. Plaintiffs accordingly deem notice of the instant supplemental motion to be both futile and unnecessary. WHEREFORE, Plaintiffs respectfully request the Court to grant and execute the proposed order annexed hereto. Date: August 24, 2009 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs Exhibit "A" LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. Admitted PA & NJ 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 Admitted PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX: (717) 233-8675 www.archerandarcher.com June 1, 2009 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles 345 9 h Street New Cumberland, PA 17070 NEW JERSEY OFFICE: 37 MOUNTAIN BOULEVARD SUITE 1 WARREN, NJ 07059 (908) 995-2000 FAX: (908) 995-2104 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner v. Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles Cumberland County CCP Docket No.: 08-3891 Dear Mr. Patterson: Enclosed please find a copy of the Court's May 29, 2009 Order regarding the motion to compel that was filed in the above-referenced matter. Please be aware that you have thirty (30) days from the date of service hereof to respond to the outstanding discovery requests. If we do not receive your responses within that time, we will notify the court of your failure to comply with a court order, and seek sanctions that may include your arrest. Please be guided accordingly. Very truly yours, -7-A V Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) MAY 19 2009r ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and : IN THE COURT OF COMMON PLEAS ELDON L. JOINER, by and through his : CUMBERLAND COUNTY Power of Attorney, CHARLES E. JOINER, : PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. ORDER AND NOW, this ! 29' day of M41 , 2009, upon consideration of Plaintiffs' Motion to Compel Answers to Interrogatories and Requests for Product of Documents, it is hereby ORDERED that the Motion is GRANTED. Defendants must make full and complete answers to the Interrogatories and full and complete responses to the Requests for Production of Documents,A*44ew objsetien fm prafthye , within thirty (30) days of the date of this order or hi a. d..r j 4 *# rr," 4....r appropriate sanctions shall be imposed upon Defendants following application to the Court. 'n 0-4- f this Mutiurr f k v .. 'fad., 1 wt Uq sit ?Wt'% ww% 000 at cm ?6-*, r J. Exhibit "B" KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL RESPONSES TO NTERROGATORIES & PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 6th day of August, 2009, this matter having been called for argument, the defendant is given fifteen days within which to file a response to outstanding discovery in this case or suffer further sanctions, to include a fine of $55.00 per day, and such further sanctions as the court may deem appropriate upon further petition. Counsel fees are awarded in the amount of $400.00. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 .bg r SW CUP at r a, a l it c c C4) LAW OFFICES ARCHER & ARCHER, P.C. KENNETH F. LLOYD and IN THE COURT OF COMMON PLEAS OF ELDON L. JOINER, by and: through his Power of CUMBERLAND COUNTY, PENNSYLVANIA Attorney, CHARLES F. JOINER, Plaintiff CIVIL ACTION - LAW V NO. 08-3891 CIVIL TERM RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL APPEARANCE AT DEPOSITION ORDER OF COURT AND NOW, this 6th day of August, 2009, following argument thereon, the defendant is ordered and directed to appear for a deposition at 10:00 a.m. on Wednesday, August 26th, 2009, at the office of Thomas A. Archer, Esquire, 2515 North Front Street, Harrisburg, Pennsylvania, 17110. And in default of said appearance, to suffer sanctions, including but not limited to payment of an appearance fee. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 g bus #Q-10 sa ON +d a KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, JURY TRIAL DEMANDED Defendants IN RE: MOTION TO COMPEL RESPONSES TO NTERROGATORIES & PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 6th day of August, 2009, this matter having been called for argument, the defendant is given fifteen days within which to file a response to outstanding discovery in this case or suffer further sanctions, to include a fine of $55.00 per day, and such further sanctions as the court may deem appropriate upon further petition. Counsel fees are awarded in the amount of $400.00. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 bg UM CUPM CarAde. Pa 01 ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW Docket No.: 08-3891 RICHARD PATTERSON, Individually and : d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. NOTICE OF DEPOSITION IN AID OF EXECUTION To: Richard Patterson 345 9 b Street New Cumberland, PA 17070 Notice if given herewith that, pursuant to the Rules of Civil Procedure, the depositon of Richard Patterson will be taken at oral examination at Archer & Archer, P.C., 2515 North Front Street, Harrisburg, PA 17110 on Wednesday, August 26, 2009 at 10:00 a.m. and at any and all adjournment thereof. The deponent is instructed to produce the following for inspection and copying: your last financial statements, last income tax returns filed with each separate taxing authority, back account records for the last three months (including but not limited to cancelled checks, statements), current books of account, evidence of Defendant's claims against others, receivables, leases, certificates of title, deeds, mortgages, stock, bonds, securities, notes, contracts, agreements, and loan application submitted within the past two years. Date: August 11, 2009 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Notice of Deposition in Aid of Execution upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9"' Street New Cumberland, PA 17070 Pro Se _R TVM_7m:? Date: August 11, 2009 Jessica R. Porter, Paralegal CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Supplemental Motion for Discovery Sanctions upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 91h Street New Cumberland, PA 17070 Pro Se Date: August 24, 2009 j2w,?__3 - pa??_ JU__Jessica R. Porter, Paralegal RL7M-!-*5GE PL, -i'1i`,W? Y L.VX , . . KENNETH F. LLOYD and ELDON L. JOINER, by and through : his Power of Attorney, CHARLES E.: JOINER, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, : Defendants : JURY TRIAL DEMANDED IN RE: PLAINTIFF'S SUPPLEMENTAL MOTION FOR DISCOVERY SANCTION' ORDER AND NOW, this //' day of September, 2009, a brief argument on the plaintiff's supplemental motion for discovery sanctions is set for Thursday, October 8, 2009, at 3:30 p,rm. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, `` Thomas A. Archer, Esquire For the Plaintiffs Richard Patterson 345 9th Street New Cumberland, PA 17070 Defendant :rlm l.:C? t ES /YL?.LIScG?._. Q FILED--Di=F SCE OF THE PRGT, rN07ARY 2009 SEP ! ( PH 2.06 PEI .4??i ??y?1?ti S?itx. *!1, KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 8th day of October, 2009, it appearing that the defendant has failed to comply with our order of August 6, 2009, and in accordance with the terms thereof he is assessed a fine in the amount of $1,100.00. Additional counsel fees are awarded in the amount of $600.00, for a total of $1,000.00. Further action in this case is deferred to give the parties the opportunity to enter into an amicable resolution of this matter. In the event that same cannot be effected within thirty days, counsel for the plaintiff is granted leave to file a petition to show cause why the defendant should not be cited and adjudicated in contempt. By the Court, NO. 08-3891 CIVIL TERM ZThomas A. Archer, Esquire For Plaintiff ,/Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg I 10/ 1 ;;L/ oc? F , a t"t i? i ARv ("F TE 2009 C+CT °9 6P i 3: t} 5 R OF THE PROTHONOTARY ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, 7010 JAN -7 AM 8: 02 CUMBE 'dv &Xi`M PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. CIVIL ACTION - LAW : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. PLAINTIFFS' PETITION TO SHOW CAUSE FOR CONTEMPT OF COURT BY DEFENDANT, RICHARD PATTERSON Plaintiff, by and through its undersigned counsel, petitions this Court for an Order to Show Cause why the Defendant, Richard Patterson, should not be cited and adjudicated in contempt and in support thereof avers the follows: 1. Judgment for Plaintiff, Kenneth F. Lloyd, against Defendants was entered in the sum of $12,427.54 on September 3, 2008. 2. Judgment for Plaintiff, Eldon J. Joiner, was entered in the sum of $9,036.85 on September 3, 2008. 3. Plaintiff served interrogatories and requests for production of documents upon Defendants via certified mail, return receipt requested and U.S. first class mail on October 1, 2008. 4. Pursuant to Pa.R.Civ.P. 4006(a)(2), Defendants' responses to the 1 interrogatories and requests for documents were due within thirty (30) days after they had been served, but none have been received as of the date of giving notice hereof. 5. On May 29, 2009, this Court, by Order of the Honorable Kevin A. Hess, directed Defendants to make full and complete answers to interrogatories and responses to requests for production of documents within thirty (30) days, and a copy of that Order was duly served by Plaintiffs' counsel on Defendants on June 1, 2009. The Court's May 29, 2009 Order and counsel's letter serving same on Defendants are attached hereto as Exhibit "A." 6. Notwithstanding the foregoing, Defendants neglected, failed and refused to supply answers to the interrogatories or response to request for production of documents. 7. On July 9, 2009, Plaintiffs filed a Motion for Discovery Sanctions for failure to obey the Court's Order directing Defendants to answer Plaintiffs' interrogatories and requests for production of documents. On August 6, 2009, the Court held argument on Plaintiffs' motions regarding Defendants' failure to obey the Court Order regarding Plaintiffs' written discovery requests, as well argument regarding Plaintiffs' separate motion to compel Defendants' deposition testimony. 9. Defendant, Richard Patterson, attend the argument before the Court at which time Mr. Patterson acknowledged his obligation to provide responses to Plaintiffs' written discovery requests and agreed to produce those responses within fifteen (15) days of the Court's Order. 10. By Order dated August 6, 2009, this Honorable Court, by the Honorable Kevin A. Hess, directed Defendants to serve responses to all outstanding discovery or suffer further sanctions, including a fine of $55.00 per day, and such further sanctions as the Court may deem appropriate upon further petition. The Court also awarded counsel fees payable by Defendant to Plaintiffs in the amount of $400.00. 11. Defendant, Richard Patterson, is on the distribution list for the Order and also received written correspondence from Plaintiffs' counsel enclosing copies of the August 6, 2009 Orders of the Court. True and correct copies of the Court's August 6, 2009 Order and Plaintiffs' counsel's correspondence to Defendants are attached hereto as Exhibits "B" and "C," respectively. 12 On August 26, 2009, Defendant, Richard Patterson, arrived at counsel for Plaintiffs' office for a deposition in aid of execution, still without any documents responsive to Plaintiffs' written discovery requests, only providing a notice of social security award and a single 2008 form 1099. By that date, Mr. Patterson had still failed to tender any of the sanctions ordered in the prior orders of the Court. 13. On or about August 24, 2009, Plaintiffs filed a Supplemental Motion for Discovery Sanctions for Defendants' failure to obey Court Orders to answer interrogatories, produce documents and pay counsel fees and sanctions order by the Court. 14. On or about October 8, 2009, Plaintiffs' counsel received e-mail correspondence from Mr. Patterson, purporting to be a letter under this case caption sent to the Honorable Kevin A. Hess, offering to make certain payment to satisfy Defendants' obligations to the Plaintiffs and counsel. A true and correct copy of the September 28, 2009 correspondence from Richard J. Patterson to the Honorable Kevin A. Hess is attached hereto as Exhibit "D." 15. On October 8, 2009, following a argument attended by Plaintiffs' counsel and Mr. Patterson, the Court issued an Order assessing a fine against Defendant in the amount of $1,100.00 and counsel fees to Plaintiffs' counsel for a total of $1,000.00 in counsel fees to date. Additionally, the Court's Order deferred further action to give the parties an opportunity to enter into an amicable resolution of this matter and granting Plaintiff leave to file a Petition to Show Cause why the Defendant should not be cited and adjudicated in contempt in the event Mr. Patterson had not met or reasonably adjusted his obligations to Plaintiffs and Plaintiffs' counsel. A true and correct copy of the Court's October 8, 2009 Order is attached hereto as Exhibit "E." 16. On or about December 3, 2009, the undersigned sent correspondence to Defendant, Richard Patterson, returning a $200.00 check to Mr. Patterson which inaccurately memorialized a 1900 Balance" on the check. Despite the Defendants' obligations to Plaintiffs in excess of $23,000.00, including fines and sanctions in the amount of $2,100.00, the undersigned tendered a reasonable offer to Mr. Patterson in which he would be permitted to tender total payments in satisfaction of all debts and fines in the amount of $15,616.00 (a figure less than the offer made by Mr. Patterson to the Court on or about September 28, 2009) and providing Defendant twenty-four (24) months in which to pay. In that correspondence, the undersigned provided Mr. Patterson ten (10) days in which to accept the settlement proposal or immediately produce all requested records and pay outstanding fines and costs that have been ordered by the Court. A true and correct copy of the December 3, 2009 correspondence is attached hereto as Exhibit ' F." 17. By e-mail correspondence dated December 21, 2009, the undersigned extended the deadline for returning a signed copy of the December 3, 2009 letter to counsel's office until December 31, 2009. A true and correct copy of counsel's December 21, 2009 e-mail correspondence is attached hereto as Exhibit "G." 18. After sending the December 21, 2009 e-mail, the undersigned counsel received a telephone call from Mr. Patterson stating that he was considering the offer and would reply prior to December 31, 2009. 19. Having not heard from Mr. Patterson as of December 28, 2009, Plaintiffs' counsel's paralegal, Jessica Porter, called and spoke to Mr. Patterson who indicated that he had signed the letter in agreement with the Plaintiffs and would be putting it in the mail that day. 20. As of the date of filing the instant petition, Defendant has made no reasonable effort to reach an amicable resolution of these matters, has failed to provide responsive documents to Plaintiffs' discovery as ordered by the Court on no less than three (3) occasions and has failed to satisfy the various Orders for fines and counsel fees that have been ordered by the Court in this matter. 21. Accordingly, Plaintiffs seek an Order to Show Cause from this Honorable Court as to why Defendant, Richard Patterson, should not be cited and held in contempt for his repeated failure to comply with the Orders of this Honorable Court. 22. As stated herein, the Honorable Kevin A. Hess issues Orders in this matter on May 29, 2009; August 6, 2009 and October 8, 2009. 23. The Court's Order dated August 8, 2009 grants Plaintiffs leave to file the instant petition, notice of which was provided to Defendant, Richard Patterson in the form of Exhibits "F" and "G" hereto. WHEREFORE, Plaintiff respectfully requests the Court to issue an Order citing and adjudicating Defendant, Richard Patterson in contempt of Court, referring him to the custody of the Cumberland County Sheriff until such time as Defendant complies with the various Orders of the Court and granting Plaintiffs additional sanctions, including the imposition of attorney's fees for the preparation of the instant petition. Date: January 6, 2010 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. Admitted PA A NJ 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 Admitted PA A NJ HARRISBURG, PENNSYLVANIA 17110-0056 (717)233-8676 FAX: (717) 233-8675 www.a rch era ndarcher.com June 1, 2009 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles 345 9th Street New Cumberland, PA 17070 NEW JERSEY OFFICE: 37 MOUNTAIN BOULEVARD SUITE 1 WARREN, NJ 07059 (908) 995-2000 FAX: (908) 995-2104 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner v. Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles Cumberland County CCP Docket No.: 08-3891 Dear Mr. Patterson: Enclosed please find a copy of the Court's May 29, 2009 Order regarding the motion to compel that was filed in the above-referenced matter. Please be aware that you have thirty (30) days from the date of service hereof to respond to the outstanding discovery requests. If we do not receive your responses within that time, we will notify the court of your failure to comply with a court order, and seek sanctions that may include your arrest. Please be guided accordingly. Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) MAY 19 2009 ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. ORDER AND NOW, this Z9' day of M41 , 2009, upon consideration of Plaintiffs' Motion to Compel Answers to Interrogatories and Requests for Product of Documents, it is hereby ORDERED that the Motion is GRANTED. Defendants must make full and complete answers to the Interrogatories and full and complete responses to the Requests for Production of Documentj,-WMeot etion within thirty (30) days of the date of this order or H #A,.fir- j 4-6**V-PVC' r4...r N appropriate sanctionsshall be imposed upon Defendants following application to the Court. 'n f 1114 i4... n1lyt?l/,?Tif1Vy?i.iZ 63ti3 J. KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL RESPONSES TO NTERROGATORIES & PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 6th day of August, 2009, this matter having been called for argument, the defendant is given fifteen days within which to file a response to outstanding discovery in this case or suffer further sanctions, to include a fine of $55.00 per day, and such further sanctions as the court may deem appropriate upon further petition. Counsel fees are awarded in the amount of $400.00. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM `J i ?,.,..;.. ?.. unto Sd my haN o Car#ft, Exhibit "C" LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. NEW JERSEY OFFICE: Admitted PA & NJ 2515 NORTH FRONT'STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 37 MOUNTAIN BOULEVARD Admitted PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 SUITE'1 WARREN, NJ. 07059 (717) 233-8676 (908) 995-2000 FAX,: (717) 233-8675 FAX: ("8) 995-2104 www.archerandarcher.com August 11, 2009 Richard Patterson, Individually and d/b/a, Herr's Vsed Cars and Backroads Select Preowned Vehicles 3450 . Street New Cumbeiland, PA 17070 RE Kenneth F `Lloyd pd.Eldon Joiner, by and fhxough his Poy?er of , Attorney, Charles E ;Joiner v Rthard Pattersoa Individually and dlb/a Hgrr's Used Cars aril Backroads Select Preowned Vehicles Cumberld County'CCP pocket an No.: 08=3891 Dear Mr-, Patterson: Enclosed please finch copies ,of,. t_0.:twp ) August 6, 2009 Orders issued by the Hpriprable KevlnA, Ies re ar ing this xtlatte ' Tkle Est Ord r directs ou to roy}de 7 4 a Yt ?,. written responses to P1a?r41 ffs' wr}tten d1Spvery coquets wltn fleen (i.5) days of August 6, 2009, lest you sufJ'cr a: fine o f $,SS OO per clay for 1'ail}Ireo do. sox as well as fiuther satictlons as the Court.may deem approplate upon fiuther petition by the P1aax1tlf s :Pursuaht to ? ih CM& yqu are'also directed to pay counsel es In the.amount of_$4QQ OQ which should be mc?e payale_to `fKenneth F. Lloyd and Charles F Joiner, power of attorney for.Eldon Z Joiner" e lus tune. The second Order directs that you Wi appear for a deposition at my office on Wednesday, August 26, 2609,.at 10:00 a.m. Accordingly, I have also enclosed a Notice of Deposition directed.to you for that date and time: Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc..) KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL APPEARANCE AT DEPOSITION ORDER OF COURT AND NOW, this 6th day of August, 2009, following argument thereon, the defendant is ordered and directed to appear for a deposition at 10:00 a.m. on Wednesday, August 26th, 2009, at the office of Thomas A. Archer, Esquire, 2515 North Front Street, Harrisburg, Pennsylvania, 17110. And in default of said appearance, to suffer sanctions, including but not limited to payment of an appearance fee. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg t?a t. two ia, i ?, ' . az tan KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL RESPONSES TO NTERROGATORIES & PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 6th day of August, 2009, this matter having been called for argument, the defendant is given fifteen days within which to file a response to outstanding discovery in this case or suffer further sanctions, to include a fine of $55.00 per day, and such further sanctions as the court may deem appropriate upon further petition. Counsel fees are awarded in the amount of $400.00. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg 40 0.1 ' SW O at Carte, ,Pa ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and : IN THE COURT OF COMMON PLEAS ELDON L. JOINER, by and through his : CUMBERLAND COUNTY Power of Attorney, CHARLES E. JOINER, : PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. NOTICE OF DEPOSITION IN AID OF EXECUTION To: Richard Patterson 345 90' Street New Cumberland, PA 17070 Notice if given herewith that, pursuant to the Rules of Civil Procedure, the depositon of Richard Patterson will be taken at oral examination at Archer & Archer, P.C., 2515 North Front Street, Harrisburg, PA 17110 on Wednesday, August 26, 2009 at 10:00 a.m. and at any and all adjournment thereof. The deponent is instructed to produce the following for inspection and copying: your last financial statements, last income tax returns filed with each separate taxing authority, back account records for the last three months (including but not limited to cancelled checks, statements), current books of account, evidence of Defendant's claims against others, receivables, leases, certificates of title, deeds, mortgages, stock, bonds, securities, notes, contracts, agreements, and loan application submitted within the past two years. Date: August 11, 2009 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Notice of Deposition in Aid of Execution upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9th Street New Cumberland, PA 17070 Pro Se -?;. Tux-vz?: Date: August 11, 2009 Jessica R. Porter, Paralegal Page 1 of 1 Jess Porter From: Richard Patterson [racindchard@verizon.net] Sent: Thursday, October 08, 2009 11:02 AM To, jporter@archerandarcher.com Kenneth Lloyd and Eldon Joiner IN THE COURT OF COMMON PLEAS Of Plaintiffs Vs. CUMBERLAND COUNTY CIVIL ACTION - LAW No.08-3891 CIVIL Richard Patterson Defendant 9/28/2009 Honorable Judee H This is my proposal to bring this proceeding to closure: 1. I will remit to you $3000.00 by Nov. 5, 2009. 1 have one other vehicle I will sell either retail or wholesale and remit that for whatever it will bring within 1 month. 2. My social security check is deposited by the 25th of each month and I will pay the clerk of courts or the plaintiffs attorney a sum of $300.00 per month. I owe Mr. Joiner $8000.00 and I owe Mr. Lloyd $6500.00 and that is what I am willing to pay plus Mr. Archers fees. 3. You can draw up a contract to this effect and I will sign and you can allow the court to enforce it. 4. All other proceedings will cease unless i fail to meet my obligations., Regards, Richard J. Patterson 10/8/2009 KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 8th day of October, 2009, it appearing that the defendant has failed to comply with our order of August 6, 2009, and in accordance with the terms thereof he is assessed a fine in the amount of $1,100.00. Additional counsel fees are awarded in the amount of $600.00, for a total of $1,000.00. Further action in this case is deferred to give the parties the opportunity to enter into an amicable resolution of this matter. In the event that same cannot be effected within thirty days, counsel for the plaintiff is granted leave to file a petition to show cause why the defendant should not be cited and adjudicated in contempt. By the Court, `Y?..RA rd Im et Wd 0. ftiw NO. 08-3891 CIVIL TERM Thomas A. Archer, Esquire For Plaintiff Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. Admitted PA A NJ 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 Admitted PA A NJ HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX: (717) 233-8675 mmarchera ndarcher.com December 3, 2009 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Richard Patterson 345 9`' Street New Cumberland, PA 17070 NEW JERSEY OFFICE: 1011 ROUTE 22 WEST, ST. 100 P.O. BOX 6402 BRIDGEWATER, NJ 08807 (908) 995-2000 FAX: (908) 995-2104 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner v. Richard Patterson, Individually and d/bla Herr's Used Cars and Backroads Select Preowned Vehicles Cumberland County CCP Docket No.: 08-3891 As you are aware, this office represents Mr. Lloyd and Mr. Joiner. I am again enclosing a copy of the Court's October 8, 2009 Order, wherein the Court ordered you to pay anon-compliance fine in the amount of $1,100.00 and counsel fees in the amount of $1,000.00, subject to further proceedings for contempt in the event of your continued non-compliance. I received your check dated November 2, 2009 in the amount of $200.00, which bears the memo "on acct. - $900 Bal." I am returning this check to you because the memo does not accurately reflect the sums you owe. We will process no payment on account that bears an inaccurate statement regarding this matter. The Court, in its Order, stated that it would allow thirty (30) days for an amicable resolution. My clients are willing to extend this period of time and have authorized me to extend a favorable offer of compromise to you. The total amount of fines you owe to date is $2,100.00. The judgments my clients hold against you total $21,464.39, not including significant interest that has accumulated thereon. The combined figure of indebtedness is $23,564.39, again, without adding interest. Mr. Lloyd and Mr. Joiner will agree to suspend all collection efforts and not seek further contempt sanctions by the Court if you will render payments as follows: Richard Patterson December 3, 2009 Page Two - $4,000.00 payable by January 1, 2010; - $484.00 per month payable every month for twenty-four (24) months beginning February 1, 2010 - Total of all payments will be $15,616.00. This plan reduces the total amount owed by more than $10,000.00 considering interest that would otherwise accrue, and allows you two (2) years to pay it off. Your other option is to pay the fines and costs that are due immediately in full and produce the records we have requested. Collection efforts would then continue and no further discounts will be offered. Please return a signed copy of this letter to me within ten (10) days to indicate your acceptance of this settlement proposal. If we do not receive the signed letter back or if you do not meet its terms, we will petition for another court hearing. Thank you. Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) AGREED AND ACCEPTED: Richard Patterson KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 8th day of October, 2009, it appearing that the defendant has failed to comply with our order of August 6, 2009, and in-accordance with the terms thereof he is assessed a fine in the amount of $1,100.00. Additional counsel fees are awarded in the amount of $600.00, for a total of $1,000.00. Further action in this case is deferred to give the parties the opportunity to enter into an amicable resolution of this matter. In the event that same cannot be effected within thirty days, counsel for the plaintiff is granted leave to file a petition to show cause why the defendant should not be cited and adjudicated in contempt. By the Court, :i_d t RICHARD j PATTERSONp 60-6224/2313 LIC. 12326653 2163467196 148 PH. 717-774-5682 345 - 9TH STREET y1 LZO NEW CU ER PA 17070 BATE q? - 8tItS IV M 1? q ON MShkC)? ? A?= ?? ?_ 1: 2 3 138 2 2 4 1 is 2 18 3 4 6 7 19 6 ii, 0 L4B ? 9 Page 1 of 1 Thomas Archer From: Thomas Archer [tarcher@archerandarcher.com] Sent: Monday, December 28, 2009 4:20 PM To: 'Jess Porter' Subject: FW: Lloyd and Joiner Attachments: Ltr to Patterson 12.3.09.pdf Jess, Please call to remind him of below deadlines. Thomas A. Archer, Esquire ARCHER & ARCHER, P.C. 717.233.8676 (PA) 908.995.2000 (NJ) tarcher@archerandarcher.com From: Thomas Archer [mailto:tarcher@archerandarcher.com] Sent: Monday, December 21, 2009 10:52 AM To: 'racinrichard@verizon.nee Subject: Lloyd and Joiner Mr. Patterson, Attached please find my December 3rd letter to you. This letter was sent via certified mail which you have apparently declined to claim, s u ge ess in icated he would give you the benefit of the doubt in cooperating with me regarding resolution of this matter, I am attaching this letter and sending it to you via regular mail so as to account for the remote possibility that you did not receive notice of the certified mail copy. I am also extending the deadline for returning a signed copy of the letter to me until December 31, 2009 and will agree to accept the first settlement payment called for therein by January 15, 2010. We will send no further notices before contacting the Court and will provide no further extensions. Thomas A. Archer, Esquire ARCHER & ARCHER, P.C. 717.233.8676 (PA) 908.995.2000 (NJ) tarcher@archerandarcher.com 1/5/2010 CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Petition to Show Cause for Contempt of Court upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9`h Street New Cumberland, PA 17070 Pro Se Date: January 6, 2010 xmliD?Sxqtn Jessica R. Porte;, Paralegal KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, Plaintiffs, V. JAN 0 8 2010 61 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants. JURY TRIAL DEMANDED ORDER TO SHOW CAUSE ' k hz77 > <; r r., G ..c AND NOW, this 11 day of a1W 2010, upon consideration of Plaintiffs' Petition to Show Cause why Defendant, Richard Patterson, should not be cited and adjudicated in contempt, it is hereby ordered that 1. A Rule is issued upon the Respondent to Show Cause why the Petitioner is not entitled to the relief requested; 2. The Respondent shall file an answer to the Petition within 20 days of this date; 3. The Petition shall be decided under Pa.R.C.P. 206.7; 4. Depositions, if any, shall be completed within days of this date; 5. Argument shall be held on 2 ldv? -V5? , 2010 m courtroom of the Cumberland County Courthouse; and 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner and the Court. coprer r-k?(&`Xc 'T pvx-? -; It `' r QR?? P-4- At. H norable Kevin A. Hess ,.J. KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES E. JOINER, Plaintiffs V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PETITION FOR CONTEMPT OF COURT ORDER OF COURT AND NOW, this 5th day of March, 2010, the court being satisfied that the defendant is in contempt of our prior discovery orders in this case, a contempt citation is issued, and the defendant is cited in contempt. Adjudication is deferred to the call of the plaintiffs, and on condition that the defendant abide by the agreement of the parties as reflected in a court order of even date herewith. By the Court, Kevin /A. Hess, P.J. Thomas A. Archer, Esquire For Plaintiff /r. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg (IT I -P-.S?- rrl,,actsa C) c P-,), `-2 _ ul r..: l - T .7 T7 KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES E. JOINER, Plaintiffs V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT C-) o -TI z .' 3>P -n to C_Y CrJ J N -< AND NOW, this 5th day of March, 2010, this matter having been called for hearing on a motion for sanctions, action on the motion for sanctions is deferred provided there is compliance with the following agreed-upon order: 1) The defendant shall pay to the plaintiffs on account of a prior award of attorney's fees the sum of $1,000.00 prior to the close of business on March 12, 2010. 2) The defendant shall pay on account of sums due and owing the plaintiff the sum of $3,000.00 prior to the close of business on March 19, 2010. 3) The defendant shall thereafter make regular monthly payments on account of sums due the plaintiffs in the amount of $300.00 until the sum of $14,500.00 is paid in full. The assessment of fines against the defendant in prior orders of court, including but not limited to our orders of August 6, 2009, and October 8, 2009, are vacated. Nothing in our court orders issued today should be regarded as any impediment to the restoration of the NO. 08-3891 CIVIL TERM defendant's vehicle salesman's license by the Commonwealth of Pennsylvania, Department of State. By the Court, ----Thomas A. Archer, Esquire For Plaintiff r. Richard Patterson 345 9th Street New Cumberland, PA 17070 bg 3?s?cv r ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717. 233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, t )F T;..- T ._ ?. yiQi 2010 AP r 29 ?i`i 8: G9 J7v' .i?? 13 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. CIVIL ACTION - LAW Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants. PLAINTIFFS' PETITION TO SHOW CAUSE FOR CONTEMPT OF COURT BY DEFENDANT, RICHARD PATTERSON Plaintiff, by and through its undersigned counsel, petitions this Court for an Order to Show Cause why the Defendant, Richard Patterson, should not be cited and adjudicated in contempt and in support thereof avers the follows: 1. Judgment for Plaintiff, Kenneth F. Lloyd, against Defendants was entered in the sum of $12,427.54 on September 3, 2008. 2. Judgment for Plaintiff, Eldon J. Joiner, was entered in the sum of $9,036.85 on September 3, 2008. 3. Plaintiff served interrogatories and requests for production of documents upon Defendants via certified mail, return receipt requested and U.S. first class mail on 1 ti October 1, 2008. 4. Pursuant to Pa.R.Civ.P. 4006(a)(2), Defendants' responses to the interrogatories and requests for documents were due within thirty (30) days after they had been served, but none have been received as of the date of giving notice hereof. 5. On May 29, 2009, this Court, by Order of the Honorable Kevin A. Hess, directed Defendants to make full and complete answers to interrogatories and responses to requests for production of documents within thirty (30) days, and a copy of that Order was duly served by Plaintiffs' counsel on Defendants on June 1, 2009. The Court's May 29, 2009 Order and counsel's letter serving same on Defendants are attached hereto as Exhibit "A." 6. Notwithstanding the foregoing, Defendants neglected, failed and refused to supply answers to the interrogatories or response to request for production of documents. 7. On July 9, 2009, Plaintiffs filed a Motion for Discovery Sanctions for failure to obey the Court's Order directing Defendants to answer Plaintiffs' interrogatories and requests for production of documents. 8. On August 6, 2009, the Court held argument on Plaintiffs' motions regarding Defendants' failure to obey the Court Order regarding Plaintiffs' written discovery requests, as well argument regarding Plaintiffs' separate motion to compel Defendants' deposition testimony. 9. Defendant, Richard Patterson, attend the argument before the Court at which time Mr. Patterson acknowledged his obligation to provide responses to Plaintiffs' written discovery requests and agreed to produce those responses within fifteen (15) days of the Court's Order. 10. By Order dated August 6, 2009, this Honorable Court, by the Honorable Kevin A. Hess, directed Defendants to serve responses to all outstanding discovery or suffer further sanctions, including a fine of $55.00 per day, and such further sanctions as the Court may deem appropriate upon further petition. The Court also awarded counsel fees payable by Defendant to Plaintiffs in the amount of $400.00. 11. Defendant, Richard Patterson, is on the distribution list for the Order and also received written correspondence from Plaintiffs' counsel enclosing copies of the August 6, 2009 Orders of the Court. True and correct copies of the Court's August 6, 2009 Order and Plaintiffs' counsel's correspondence to Defendants are attached hereto as Exhibits "B" and "C," respectively. 12 On August 26, 2009, Defendant, Richard Patterson, arrived at counsel for Plaintiffs' office for a deposition in aid of execution, still without any documents responsive to Plaintiffs' written discovery requests, only providing a notice of social security award and a single 2008 form 1099. By that date, Mr. Patterson had still failed to tender any of the sanctions ordered in the prior orders of the Court. 13. On or about August 24, 2009, Plaintiffs filed a Supplemental Motion for Discovery Sanctions for Defendants' failure to obey Court Orders to answer interrogatories, produce documents and pay counsel fees and sanctions order by the Court. 14. On or about October 8, 2009, Plaintiffs' counsel received e-mail correspondence from Mr. Patterson, purporting to be a letter under this case caption sent to the Honorable Kevin A. Hess, offering to make certain payment to satisfy Defendants' obligations to the Plaintiffs and counsel. A true and correct copy of the September 28, 2009 correspondence from Richard J. Patterson to the Honorable Kevin A. Hess is attached hereto as Exhibit "D." 15. On October 8, 2009, following a argument attended by Plaintiffs' counsel and Mr. Patterson, the Court issued an Order assessing a fine against Defendant in the amount of $1,100.00 and counsel fees to Plaintiffs' counsel for a total of $1,000.00 in counsel fees to date. Additionally, the Court's Order deferred further action to give the parties an opportunity to enter into an amicable resolution of this matter and granting Plaintiff leave to file a Petition to Show Cause why the Defendant should not be cited and adjudicated in contempt in the event Mr. Patterson had not met or reasonably adjusted his obligations to Plaintiffs and Plaintiffs' counsel. A true and correct copy of the Court's October 8, 2009 Order is attached hereto as Exhibit "E." 16. On or about December 3, 2009, the undersigned sent correspondence to Defendant, Richard Patterson, returning a $200.00 check to Mr. Patterson which inaccurately memorialized a "$900 Balance" on the check. Despite the Defendants' obligations to Plaintiffs in excess of $23,000.00, including fines and sanctions in the amount of $2,100.00, the undersigned tendered a reasonable offer to Mr. Patterson in which he would be permitted to tender total payments in satisfaction of all debts and fines in the amount of $15,616.00 (a figure less than the offer made by Mr. Patterson to the Court on or about September 28, 2009) and providing Defendant twenty-four (24) months in which to pay. In that correspondence, the undersigned provided Mr. Patterson ten (10) days in which to accept the settlement proposal or immediately produce all requested records and pay outstanding fines and costs that have been ordered by the Court. A true and correct copy of the December 3, 2009 correspondence is attached hereto as Exhibit "F." 17. By e-mail correspondence dated December 21, 2009, the undersigned extended the deadline for returning a signed copy of the December 3, 2009 letter to counsel's office until December 31, 2009. A true and correct copy of counsel's December 21, 2009 e-mail correspondence is attached hereto as Exhibit "G." 18. After sending the December 21, 2009 e-mail, the undersigned counsel received a telephone call from Mr. Patterson stating that he was considering the offer and would reply prior to December 31, 2009. 19. Having not heard from Mr. Patterson as of December 28, 2009, Plaintiffs' counsel's paralegal, Jessica Porter, called and spoke to Mr. Patterson who indicated that he had signed the letter in agreement with the Plaintiffs and would be putting it in the mail that day. The principal letter never arrived. 20. Defendant having made no reasonable effort to reach an amicable resolution of these matters, having failed to provide responsive documents to Plaintiffs' discovery as Ordered by the Court on no less than three (3) occasions and having failed to satisfy the various Orders for fines and counsel fees that have been Ordered by the Court in this matter, Plaintiffs filed a Petition to Show Cause for Contempt of Court by Defendant, Richard Patterson, on or about January 7, 2010. 21. On January 11, 2010, the Court, by Order of the Honorable Kevin A. Hess, issued an Order to Show Cause upon Defendant to show why Plaintiff should not be entitled to the relief requested therein. Defendant never filed a response. 22. On March 5, 2010, the Court held Argument regarding Plaintiffs' Petition that was attended by both parties. At argument, the parties reached a mutually acceptable resolution of all matters that was placed on the record before the Court. 23. Pursuant to the agreements and representations made before the Court at Argument on March 5, 2010, the Court issued two Orders by the Honorable Kevin A. Hess. The first Order, attached hereto and incorporated herein as Exhibit "H," states that the Court is satisfied that Defendant is in contempt of the Court's prior discovery Orders and that the Defendant is cited in contempt. Adjudication was deferred to the call of the Plaintiffs and on condition that Defendant abide by the agreement of the parties as reflected in an Order of even date therewith. 24. The second March 5, 2010 Order of the Court by the Honorable Kevin A. Hess, is attached hereto and incorporated herein as Exhibit "I." That Order directed Defendant to pay the Plaintiffs on account of a prior award of attorney's fees the sum of $1,000.00 prior to the close of business on March 12, 2010; directed the Defendant to pay on account of sums due and owing the Plaintiff the sum of $3,000.00 prior to the close of business on March 19, 2010; and directed Defendant to thereafter make regular monthly payments on account of all sums due the Plaintiffs in the amount of $300.00 until the sum of $14,500.00 is paid in full. 25. The $3,000.00 and $14,500.00 payments Defendant agreed to pay Plaintiffs and which Defendant was directed to pay Plaintiffs pursuant to the March 5, 2010 Order of the Court, was in fact a considerable compromise of the total judgments held by Plaintiffs against Defendant which exceed $21,000.00, not including interest on those judgments that has been accruing since the entry of judgment on or about September 3, 2008. 26. As of the date of filing the instant Petition, Defendant has made no effort to comply with any aspect of the March 5, 2010 Order of the Court and has flatly refused to make any payment to Plaintiffs as directed therein whatsoever. Defendant has also continued to fail to reasonably adhere to any of the prior Orders of the Court with respect to payment of fines or production of discovery in aid of execution that had been properly propounded by Plaintiffs in the above-captioned case. 27. Accordingly, Plaintiffs seek an Order to Show Cause from this Honorable Court as to why Defendant, Richard Patterson, should not be cited and held in contempt for his repeated failure to comply with the Orders of this Honorable Court and an Order reinstating the assessment of fines and costs in prior Orders of the Court, including but not limited to the Court's Orders of august 6, 2009, October 8, 2009 and providing for an assessment of additional fines and attorney's fees payable to Plaintiffs in connection with the preparation and appearances associated with the various Petitions and Motions Plaintiffs have been compelled to file in this matter. 28. As stated herein, the Honorable Kevin A. Hess issued Orders in this matter on May 29, 2009; August 6, 2009; October 8, 2009 and March 5, 2010. 29. The Court's Order dated March 5, 2010 grants Plaintiffs leave to file the instant Petition, notice of which was provided to Defendant, Richard Patterson, in the form of Exhibits "H" and "I" hereto. WHEREFORE, Plaintiff respectfully requests the Court to issue and Order citing and adjudicating Defendant, Richard Patterson, in contempt of Court, referring him to the custody of the Cumberland County Sheriff until such time as Defendant complies with the various Orders of the Court and granting Plaintiffs additional sanctions, including but limited to the imposition of attorney's fees for the preparation of and appearances required on the instant Petition and Plaintiffs' filed on or about January 6, 2010 Date: April 28, 2010 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs Exhibit "A" LAW OFFICES ARCHER & ARCHER, P. C. THOMAS A. ARCHER, ESQ. Admtned PA & NJ 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 AdMi ted PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX: (717) 233-8675 mmarcherandarcher.com June 1, 2009 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles 345 9`h Street New Cumberland, PA 17070 NEW JERSEY OFFICE: 37 MOUNTAIN BOULEVARD SUITE I WARREN, NJ 07059 (908) 995-2000 FAX: (908) 995.2104 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner v. Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles Cumberland County CCP Docket No.: 08-3891 Dear Mr. Patterson: Enclosed please find a copy of the Court's May 29, 2009 Order regarding the motion to compel that was filed in the above-referenced matter. Please be aware that you have thirty (30) days from the date of service hereof to respond to the outstanding discovery requests. If we do not receive your responses within that time, we will notify the court of your failure to comply with a court order, and seek sanctions that may include your arrest. Please be guided accordingly. Very truly yours, Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) MAY 19 2009 ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N, Front Street P.0, Box 5056 Harrisburg, PA 17110-0056 717, 233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW : Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, Defendants ORDER AND NOW, this 29' day of , 2009, upon consideration of Plaintiffs' Motion to Compel Answers to Interrogatories and Requests for Product of Documents, it is hereby ORDERED that the Motion is GRANTED, Defendants must make full and complete answers to the Interrogatories and full and complete responses to the Requests for Production of Documents, it a jeetion within thirty (30) days of the date of this order or ni ?? i..,? 4.?'f rr?G.' ?.ta.J n appropriate sanctions shall be imposed upon Defendants following application to the Court, -euunsel to ?I i I -- and against n fer3hepce?aFetic 13-1 Exhibit "B" KENNETH F. LLOYD and IN THE COURT OF COMMON PLEAS OF ELDON L. JOINER, by and: through his Power of CUMBERLAND COUNTY, PENNSYLVANIA Attorney, CHARLES F. JOINER, Plaintiff CIVIL ACTION - LAW V NO, 08-3891 CIVIL TERM RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, JURY TRIAL DEMANDED Defendants IN RE: MOTION TO COMPEL RESPONSES TO NTERROGATORIES & PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 6th day of August, 2009, this matter having been called for argument, the defendant is given fifteen days within which to file a response to outstanding discovery in this case or suffer further sanctions, to include a fine of $55.00 per day, and such further sanctions as the court may deem appropriate upon further petition. Counsel fees are awarded in the amount of $400.00. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 bg +? a said at rtis, 4' Exhibit "C" LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. Admitted PA & NJ 2515 NORTH FRONT, STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX SQ50 Admitted PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 (717)233.076 FAX,:. (717) -233-8675 www.archerandarcher.com August.1 2009 NEW JERSEY OFFICE: 37 N07JNTAIN BOULEVARD SUITE ,.1 WARREN, NJ 07059 (908) 9.95-2000 FAX: (908) 995-2104 Richard .Patterson, Individually and d/b/a Hen's i,Jsed Cars and Backroads Select Preov?ned Vel}icles .. 3A 5 Stn Street, New Cumberland, PA17.0 0 RE Kenneth F Lloyd and Elden JQ1ier, by:nd thxough,IS Poy,?er of . Attprtiey, Charles Joiner v 111"ard PaersoI, Indlvdually and d/bia Herr'S Used bars ai?,d EacCroads Select P?'eowned Vehicles,. Cumberland Gounty'.GCPDQCketNa.,. 08 389.1. Dear Mr; Patterson 1lncloseci. please find coP?es of the twp) August 6,' 20Q9 pxders Issued by the de, Honprable '' 'ARess re r, iii p this. ate :' li :#irst brd r,:1 r;?pt$ ypu to pzoy} written re8ponse to Plaliffs' W}ttel? d}sc?v?ry requests Yv>tn fie?n (l 5) days of August 6, 2009, lest}yQ? Buff a fu?e;of $b5?'00 per day?l'ox £a?lµreo,do,sQ, as well as further saiict?orls as the 4o13rx may.,. leem,pPrQpzlate upon further pet?tlQn'by the Plant?ffs P r uant to that Order so ?i `eated t co 1 fees In the amount u. Y,4e Q I?Y?Se of _$40.0,00 ,whi&h should be z?rlar e p, ya?le to `f; erlneth F );lpyd ap C. les F 'Jolnei, power of atorriey fOr Eldon l Jour" at this tune. The second Order directs that you shall appear for a deposltign at my office on Wednesday, August 26, 2009 at 10:00 :a.m Accordingly, l have alsp enclosed a Notice of Deposition directed ,to you for that date and :time Very truly vours, KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V TERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM RICHARD PAT • Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, JURY TRIAL DEMANDED Defendants IN RE: MOTION TO COMPEL APPEARANCE AT DEPOSITION ORDER OF COURT AND NOW, this 6th day of August, 2009, following argument thereon; the defendant is ordered and directed to appear for a deposition at 10:00 a.m. on Wednesday, August 26th, 2009, at the office of Thomas A. Archer, Esquire, 2515 North Front Street, Harrisburg, Pennsylvania, 17110. And in default of said appearance, to suffer sanctions, including but not limited to payment of an appearance fee. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 bg WO V.0113 SU. % NAY "? _ , KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL RESPONSES TO NTERROGATORIES & PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 6th day of August, 2009, this matter having been called for argument, the defendant is given fifteen days within which to file a response to outstanding discovery in this case or suffer further sanctions, to include a fine of $55.00 per day, and such further sanctions as the court may deem appropriate upon further petition. Counsel fees are awarded in the amount of $400.00. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM Ewa :j , Ni?kx?+?'t valet '. I mm Qrto Y '-hdrx swd • at Car 1, 'P. ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. : CIVIL ACTION - LAW Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED : JURY TRIAL DEMANDED VEHICLES, Defendants. NOTICE OF DEPOSITION IN AID OF EXECUTION To: Richard Patterson 345 9th Street New Cumberland, PA 17070 Notice if given herewith that, pursuant to the Rules of Civil Procedure, the depositon of Richard Patterson will be taken at oral examination at Archer & Archer, P.C., 2515 North Front Street, Harrisburg, PA 17110 on Wednesday, August 26, 2009 at 10:00 a.m. and at any and all adjournment thereof. The deponent is instructed to produce the following for inspection and copying: your last financial statements, last income tax returns filed with each separate taxing authority, back account records for the last three months (including but not limited to cancelled checks, statements), current books of account, evidence of Defendant's claims against others, receivables, leases, certificates of title, deeds, mortgages, stock, bonds, securities, notes, contracts, agreements, and loan application submitted within the past two years. Date: August 11, 2009 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Notice of Deposition in Aid of Execution upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9th Street New Cumberland, PA 17070 Pro Se Date: August 11, 2009 Tv5n:? Jessica R. Porter, Paralegal Page 1 of 1 Jess Porter From: Richard Patterson [racinrichard@verizon.net] Sent: Thursday, October 08, 2009 11:02 AM To: jporter@archerandarcher.com Kenneth Lloyd and Eldon Joiner IN THE COURT OF COMMON PLEAS Of Plaintiffs Vs, Richard Patterson Defendant 9/28/2009 CUMBERLAND COUNTY CIVIL ACTION - LAW No.08-3891 CIVIL Honorable Judge Hess, This is my proposal to bring this proceeding to closure: 1. 1 will remit to you $3000.00 by Nov. 5, 2009. 1 have one other vehicle I will sell either retail or wholesale and remit that for whatever it will bring within 1 month. 2. My social security check is deposited by the 25th of each month and I will pay the clerk of courts or the plaintiffs attorney a sum of $300.00 per month. I owe Mr. Joiner $8000.00 and I owe Mr. Lloyd $6500.00 and that is what I am willing to pay plus Mr. Archers fees. 3. You can draw up a contract to this effect and I will sign and you can allow the court to enforce it. 4. All other proceedings will cease unless I fail to meet my obligations., Regards, 0 Richard J. Patterson 10/8/2009 KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 8th day of October, 2009, it appearing that the defendant has failed to comply with our order of August 6, 2009, and in accordance with the terms thereof he is assessed a fine in the amount of $1,100.00. Additional counsel fees are awarded in the amount of $600.00, for a total of $1,000.00. Further action in this case is deferred to give the parties the opportunity to enter into an amicable resolution of this matter. In the event that same cannot be effected within thirty days, counsel for the plaintiff is granted leave to file a petition to show cause why the defendant should not be cited and adjudicated in contempt. By the Court, at d 0 14 us 2" rM NO. 08-3891 CIVIL TERM Thomas A. Archer, Esquire For Plaintiff Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. Admixed PA & NJ 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 Admixed PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX: (717) 233-8675 www.archerandarcher.com December 3, 2009 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Patterson 345 9`h Street New Cumberland, PA 17070 NEW JERSEY OFFICE: 1011 ROUTE 22 WEST, ST. 100 P.O. BOX 6402 BRIDGEWATER, NJ 08807 (908) 995-2000 FAX, (908) 995-2104 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner v. Richard Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles Cumberland County CCP Docket No.: 08-3891 As you are aware, this office represents Mr. Lloyd and Mr. Joiner. I am again enclosing a copy of the Court's October 8, 2009 Order, wherein the Court ordered you to pay anon-compliance fine in the amount of $1,100.00 and counsel fees in the amount of $1,000.00, subject to further proceedings for contempt in the event of your continued non-compliance. I received your check dated November 2, 2009 in the amount of $200.00, which bears the memo "on acct. - $900 Bal." I am returning this check to you because the memo does not accurately reflect the sums you owe. We will process no payment on account that bears an inaccurate statement regarding this matter. The Court, in its Order, stated that it would allow thirty (30) days for an amicable resolution. My clients are willing to extend this period of time and have authorized me to extend a favorable offer of compromise to you. The total amount of fines you owe to date is $2,100.00. The judgments my clients hold against you total $21,464.39, not including significant interest that has accumulated thereon. The combined figure of indebtedness is $23,564.39, again, without adding interest. Mr. Lloyd and Mr. Joiner will agree to suspend all collection efforts and not seek further contempt sanctions by the Court if you will render payments as follows: Richard Patterson December 3, 2009 Page Two $4,000.00 payable by January 1, 2010; $484.00 per month payable every month for twenty-four (24) months beginning February 1, 2010 Total of all payments will be $15,616.00. This plan reduces the total amount owed by more than $10,000.00 considering interest that would otherwise accrue, and allows you two (2) years to pay it off. Your other option is to pay the fines and costs that are due immediately in full and produce the records we have requested. Collection efforts would then continue and no further discounts will be offered. Please return a signed copy of this letter to me within ten (10) days to indicate your acceptance of this settlement proposal. If we do not receive the signed letter back or if you do not meet its terms, we will petition for another court hearing. Thank you. Very truly ya irs_ Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) AGREED AND ACCEPTED: Richard Patterson KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 8th day of October, 2009, it appearing that the defendant has failed to comply with our order of August 6, 2009, and in accordance with the terms thereof he is assessed a fine in the amount of $1,100.00. Additional counsel fees are awarded in the amount of $600.00, for a total of $1,000.00. Further action in this case is deferred to give the parties.the opportunity to enter into an amicable resolution of this matter. In the event that same cannot be effected within thirty days, counsel for the plaintiff is granted leave to file a petition to show cause why the defendant should not be cited and adjudicated in contempt. By the Court, A 1? ? VFi V0. ' i lift 622412313 La;j'ln346;71 RY7 j PA` ME $ON ICHA 6 R 1;IC iZ326b53 pH 74TREET A 17074.00 345 ERL ' P ??9'" ""' a id. ? 6t Vows o www MsMO 46? ?96t?' Q 2 3 38 .I-JA'VII I L/ I L Page 1 of 1 Thomas Archer From: Thomas Archer [tarcher@archerandarcher.comj Sent: Monday, December 28, 2009 4:20 PM To: 'Jess Porter Subject: FW: Lloyd and Joiner Attachments: Ltr to Patterson 12.3.09.pdf Jess, Please call to remind him of below deadlines. Thomas A. Archer, Esquire ARCHER & ARCHER, P.C. 717.233.8676 (PA) 908.995.2000 (NJ) tarcher@archerandarcher.com From: Thomas Archer [mailto:tarcher@archerandarcher.com] Sent: Monday, December 21, 2009 10:52 AM To: 'racinrichard@verizon.net' Subject: Lloyd and Joiner Mr. Patterson, Attached please find my December 3rd letter to you. This letter was sent via certified mail which you have apparently declined to claim. s u ge ess in icated he would give you the benefit of the doubt in cooperating with me regarding resolution of this matter, I am attaching this letter and sending it to you via regular mail so as to account for the remote possibility that you did not receive notice of the certified mail copy. I am also extending the deadline for returning a signed copy of the letter to me until December 31, 2009 and will agree to accept the first settlement payment called for therein by January 15, 2010. We will send no further notices before contacting the Court and will provide no further extensions. Thomas A. Archer, Esquire ARCHER & ARCHER, P.C. 717.233.8676 (PA) 908.995.2000 (NJ) tarcher@archerandarcher.com 115!2010 Exhibit "H" KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES E. JOINER, Plaintiffs V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - :LAW JURY TRIAL DEMANDED IN RE: PETITION FOR CONTEMPT OF COURT ORDER OF COURT AND NOW, this 5th day of March, 2010, the court being satisfied that the defendant is in contempt of our prior discovery orders in this case, a contempt citation is issued, and the defendant is cited in contempt. Adjudication is deferred to the call of the plaintiffs, and on condition that the defendant abide by the agreement of the parties as reflected in a court order of even date herewith: By the Court, Thomas A. Archer, Esquire For Plaintiff Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg Exhibit "I" KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES E. JOINER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 5th day of March, 2010, this matter having been called for hearing on a motion for sanctions, action on the motion for sanctions is deferred provided there is compliance with the following agreed-upon order: 1) The defendant shall pay to the plaintiffs on account of a prior award of attorney's fees the sum of $1,000.00 prior to the close of business on March 12, 2010. 2) The defendant shall pay on account of sums due and owing the plaintiff the sum of $3,000.00 prior to the close of business on March 19, 2010. 3) The defendant shall thereafter make regular monthly payments on account of sums due the plaintiffs in the amount of $300.00 until the sum of $14,500.00 is paid in full. The assessment of fines against the defendant in prior orders of court, including but not limited to our orders of August 6, 2009, and October 8, 2009, are vacated. Nothing in our court orders issued today should be regarded as any impediment to the restoration of the NO. 08-3891 CIVIL TERM defendant's vehicle salesman's license by the Commonwealth of Pennsylvania, Department of State. By the Court, Thomas A. Archer, Esquire For. Plaintiff Mr. Richard Patterson 345 9th Street . New Cumberland, PA 17070 :bg CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Petition to Show Cause for Contempt of Court upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9t" Street New Cumberland, PA 17070 Pro Se Date: April 29, 2010 Jessica R. Porter, Paralegal s- APR 3 0 2010 KENNETH F. LLOYD and IN THE COURT OF COMMON PLEAS ELDON L. JOINER, by and through his : CUMBERLAND COUNTY Power of Attorney, CHARLES E. JOINER, : PENNSYLVANIA Plaintiffs, CIVIL ACTION -LAW V. Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants. n L JURY TRIAL DEMANDED -x ry"Vr-, ORDER TO SHOW CAUSE AND NOW, this day of #17 ®y 2010, upon consideration of N 0 O -C 1 cv 0 rn Plaintiffs' Petition to Show Cause why Defendant, Richard Patterson, should not be cited and adjudicated in contempt, it is hereby ordered that 1. A Rule is issued upon the Respondent to Show Cause why the Petitioner is not entitled to the relief requested; 2. The Respondent shall file an answer to the Petition within Zo days of this date; y ,rf FTI 3. The Petition shall be decided under Pa.R.C.P. 206.7; 4. Depositions, if any, shall be completed within days of this date; /,," 30"o, m 5. Argument shall be held on 2010 in courtroom 7 of the Cumberland County Courthouse; and 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner and the Court. /, rable Kevin A. Hess, J. KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, Plaintiffs V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-3891 CIVIL TERM IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 8th day of July, 2010, it appearing that the defendant has brought himself current with respect to the payments due in our order of March 5, 2010, hearing on contempt adjudication is again deferred, and the defendant ordered and directed to appear for further proceedings on Thursday, August 19, 2010, at 4:00 p.m., unless prior thereto he shall have made his monthly payments in accordance with the existing court order and the court cancels the hearing at the request of the plaintiff. By the Court, ? Kevin ,,A-. Hess, P 6 t.ED - OFFrLE OG Tdl- 1R0Tt+0N0T-dkR.y 2010 S LA, - q 121 00 Fm GuWt?iRLAN'U COUNTY CDV FZT t4oUSi5 -,/Thomas A. Archer, Esquire For Plaintiffs Richard Patterson, Pro se 345 9th Street New Cumberland, PA 17070 :bg 7 4/ro ?:?l ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717. 233.8676 Attorney for Plaintiffs r? t ???H??? AMY Cs 1a`;.. r?,J AND cOOTY ?S* A KENNETH F. LLOYD and : IN THE COURT OF COMMON PLEAS ELDON L. JOINER, by and through his : CUMBERLAND COUNTY Power of Attorney, CHARLES E. JOINER, : PENNSYLVANIA Plaintiffs, : CIVIL ACTION - LAW V. Docket No.: 08-3891 RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL, DEMANDED VEHICLES, : Defendants PLAINTIFFS' PETITION TO SHOW CAUSE FOR CONTEMPT OF COURT BY DEFENDANT, RICHARD PATTERSON Plaintiff, by and through its undersigned counsel, petitions this Court for an Order to Show Cause why the Defendant, Richard Patterson, should not be cited and adjudicated in contempt and in support thereof avers the follows: 1. Judgment for Plaintiff, Kenneth F. Lloyd, against Defendants was entered in the sum of $12,427.54 on September 3, 2008. 2. Judgment for Plaintiff, Eldon J. Joiner, was entered in the sum of $9,036.85 on September 3, 2008. 3. Plaintiff served interrogatories and requests for production of documents upon Defendants via certified mail, return receipt requested and U.S. first class mail on 1 40 October 1, 2008. 4. Pursuant to Pa.R.Civ.P. 4006(a)(2), Defendants' responses to the interrogatories and requests for documents were due within thirty (30) days after they had been served, but none have been received as of the date of giving notice hereof. On May 29, 2009, this Court, by Order of the Honorable Kevin A. Hess, directed Defendants to make full and complete answers to interrogatories and responses to requests for production of documents within thirty (30) days, and a copy of that Order was duly served by Plaintiffs' counsel on Defendants on June 1, 2009. The Court's May 29, 2009 Order and counsel's letter serving same on Defendants are attached hereto as Exhibit "A." 6. Notwithstanding the foregoing, Defendants neglected, failed and refused to supply answers to the interrogatories or response to request for production of documents. 7. On July 9, 2009, Plaintiffs filed a Motion for Discovery Sanctions for failure to obey the Court's Order directing Defendants to answer Plaintiffs' interrogatories and requests for production of documents. 8. On August 6, 2009, the Court held argument on Plaintiffs' motions regarding Defendants' failure to obey the Court Order regarding Plaintiffs' written discovery requests, as well argument regarding Plaintiffs' separate motion to compel Defendants' deposition testimony. 9. Defendant, Richard Patterson, attended the argument before the Court at which time Mr. Patterson acknowledged his obligation to provide responses to Plaintiffs' written discovery requests and agreed to produce those responses within fifteen (15) days of the Court's Order. 10. By Order dated August 6, 2009, this Honorable Court, by the Honorable Kevin A. Hess, directed Defendants to serve responses to all outstanding discovery or suffer further sanctions, including a fine of $55.00 per day, and such further sanctions as the Court may deem appropriate upon further petition. The Court also awarded counsel fees payable by Defendant to Plaintiffs in the amount of $400.00. 11. Defendant, Richard Patterson, is on the distribution list for the Order and also received written correspondence from Plaintiffs' counsel enclosing copies of the August 6, 2009 Orders of the Court. True and correct copies of the Court's August 6, 2009 Order and Plaintiffs' counsel's correspondence to Defendants are attached hereto as Exhibits "B" and "C," respectively. 12 On August 26, 2009, Defendant, Richard Patterson, arrived at counsel for Plaintiffs' office for a deposition in aid of execution, still without any documents responsive to Plaintiffs' written discovery requests, only providing a notice of social security award and a single 2008 form 1099. By that date, Mr. Patterson had still failed to tender any of the sanctions ordered in the prior orders of the Court. 13. On or about August 24, 2009, Plaintiffs filed a Supplemental Motion for Discovery Sanctions for Defendants' failure to obey Court Orders to answer interrogatories, produce documents and pay counsel fees and sanctions order by the Court. 14. On or about October 8, 2009, Plaintiffs' counsel received e-mail correspondence from Mr. Patterson, purporting to be a letter under this case caption sent to the Honorable Kevin A. Hess, offering to make certain payment to satisfy Defendants' obligations to the Plaintiffs and counsel. A true and correct copy of the September 28, 2009 correspondence from Richard J. Patterson to the Honorable Kevin A. Hess is attached hereto as Exhibit "D." 15. On October 8, 2009, following an argument attended by Plaintiffs' counsel and Mr. Patterson, the Court issued an Order assessing a fine against Defendant in the amount of $1,100.00 and counsel fees to Plaintiffs' counsel for a total of $1,000.00 in counsel fees to date. Additionally, the Court's Order deferred further action to give the parties an opportunity to enter into an amicable resolution of this matter and granting Plaintiffs leave to file a Petition to Show Cause why the Defendants should not be cited and adjudicated in contempt in the event Mr. Patterson had not met or reasonably adjusted his obligations to Plaintiffs and Plaintiffs' counsel. A true and correct copy of the Court's October 8, 2009 Order is attached hereto as Exhibit "E." 16. On or about December 3, 2009, the undersigned sent correspondence to Defendant, Richard Patterson, returning a $200.00 check to Mr. Patterson which inaccurately memorialized a "$900 Balance" on the check. Despite the Defendants' obligations to Plaintiffs in excess of $23,000.00, including fines and sanctions in the amount of $2,100.00, the undersigned tendered a reasonable offer to Mr. Patterson in which he would be permitted to tender total payments in satisfaction of all debts and fines in the amount of $15,616.00 (a figure less than the offer made by Mr. Patterson to the Court on or about September 28, 2009) and providing Defendant twenty-four (24) months in which to pay. In that correspondence, the undersigned provided Mr. Patterson ten (10) days in which to accept the settlement proposal or immediately produce all requested records and pay outstanding fines and costs that have been ordered by the Court. A true and correct copy of the December 3, 2009 correspondence is attached hereto as Exhibit "F." 17. By e-mail correspondence dated December 21, 2009, the undersigned extended the deadline for returning a signed copy of the December 3, 2009 letter to counsel's office until December 31, 2009. A true and correct copy of counsel's December 21, 2009 e-mail correspondence is attached hereto as Exhibit "G." 18. After sending the December 21, 2009 e-mail, the undersigned counsel received a telephone call from Mr. Patterson stating that he was considering the offer and would reply prior to December 31, 2009. 19. Having not heard from Mr. Patterson as of December 28, 2009, Plaintiffs' counsel's paralegal, Jessica Porter, called and spoke to Mr. Patterson who indicated that he had signed the letter in agreement with the Plaintiffs and would be putting it in the mail that day. The principal letter never arrived. 20. Defendant having made no reasonable effort to reach an amicable resolution of these matters, having failed to provide responsive documents to Plaintiffs' discovery as Ordered by the Court on no less than three (3) occasions and having failed to satisfy the various Orders for fines and counsel fees that have been Ordered by the Court in this matter, Plaintiffs filed a Petition to Show Cause for Contempt of Court by Defendant, Richard Patterson, on or about January 7, 2010. 21. On January 11, 2010, the Court, by Order of the Honorable Kevin A. Hess, issued an Order to Show Cause upon Defendant to show why Plaintiff should not be entitled to the relief requested therein. Defendant never filed a response. 22. On March 5, 2010, the Court held Argument regarding Plaintiffs' Petition that was attended by both parties. At argument, the parties reached a mutually acceptable resolution of all matters that was placed on the record before the Court. 23. Pursuant to the agreements and representations made before the Court at Argument on March 5, 2010, the Court issued two Orders by the Honorable Kevin A. Hess. The first Order, attached hereto and incorporated herein as Exhibit "H," states that the Court is satisfied that Defendant is in contempt of the Court's prior discovery Orders and that the Defendant is cited in contempt. Adjudication was deferred to the call of the Plaintiffs and on condition that Defendant abide by the agreement of the parties as reflected in an Order of even date therewith. 24. The second March 5, 2010 Order of the Court by the Honorable Kevin A. Hess, is attached hereto and incorporated herein as Exhibit "l." That Order directed Defendant to pay the Plaintiffs on account of a prior award of attorney's fees the sum of $1,000.00 prior to the close of business on March 12, 2010; directed the Defendant to pay on account of sums due and owing the Plaintiff the sum of $3,000.00 prior to the close of business on March 19, 2010; and directed Defendant to thereafter make regular monthly payments on account of all sums due the Plaintiffs in the amount of $300.00 until the sum of $14,500.00 is paid in full. 25. The $3,000.00 and $14,500.00 payments Defendant agreed to pay Plaintiffs and which Defendant was directed to pay Plaintiffs pursuant to the March 5, 2010 Order of the Court, was in fact a considerable compromise of the total judgments held by Plaintiffs against Defendant which exceed $21,000.00, not including interest on those judgments that has been accruing since the entry of judgment on or about September 3, 2008. 26. Since the entry and Defendants receipt of the Courts March 5, 2010 Orders, Defendant has made three (3) payments, the first payment on or about July 8, 2010 in the amount of $5,200.00 (which Defendant paid at the "last minute" because he was scheduled to appear before the Court on Plaintiffs' application for Defendant's contempt); second payment on or about August 19, 2010 in the amount of $600.00; and a third payment on or about December 1, 2010, to comply with the March 5, 2010 Order of the Court. Defendant has also continued to fail to reasonably adhere to any of the prior Orders of the Court with respect to payment of fines or production of discovery in aid of execution that had been properly propounded by Plaintiffs in the above-captioned case. 27. Accordingly, Plaintiffs seek an Order to Show Cause from this Honorable Court as to why Defendant, Richard Patterson, should not be cited and held in contempt for his repeated failure to comply with the Orders of this Honorable Court and an Order reinstating the assessment of fines and costs in prior Orders of the Court, including but not limited to the Court's Orders of August 6, 2009 and October 8, 2009; and providing for an assessment of additional fines and attorney's fees payable to Plaintiffs in connection with the preparation and appearances associated with the various Petitions and Motions which Plaintiffs have been compelled to file in this matter. 28. As stated herein, the Honorable Kevin A. Hess issued Orders in this matter on May 29, 2009; August 6, 2009; October 8, 2009 and March 5, 2010. 29. The Court's Order dated March 5, 2010 grants Plaintiffs leave to file the instant Petition, notice of which was provided to Defendant, Richard Patterson, in the form of Exhibits "H" and "I" hereto. WHEREFORE, Plaintiff respectfully requests the Court to issue an Order citing and adjudicating Defendant, Richard Patterson, in contempt of Court, referring him to the custody of the Cumberland County Sheriff until such time as Defendant complies with the various Orders of the Court and granting Plaintiffs additional sanctions, including but limited to the imposition of attorney's fees for the preparation of and appearances required on the instant Petition. Date: February 10, 2011 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiffs Exhibit "A" LAW-OFFICES ARCHER & ARCHER, P. C. THOMAS A. ARCHER, ESQ. Admitted PA & NJ 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. Admitted PA & NJ P.O, BOX 5056 HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX: (717) 233-8675 innv,archerandarcher.com June 1, 2009 Richard' Patterson, Individually and d/b/a Herr's Used Cars and Backroads Select Preowned Vehicles 345 9ch Street New Cumberland, PA 17070 NEW JERSEY OFFICE; 37 MOUNTAIN BOULEVARD SUITE 1 WARREN, NJ 07059 (908) 995-20.00 FAX; (908) 995.2104 RE: Kenneth F. Lloyd and Eldon Joiner, by and through his Power of Attorney, Charles E. Joiner v. Richard Patterson, Individually and d/b/a Herr's Used-Cars and Backroads Select Preowned Vehicles Cumberland County.CCP Docket No.: 08-3891 Dear Mr. Patterson: Enclosed please -find a copy of the Court's May 29, 2009 Order regarding the motion to compel that was filed in the above referenced matter. Please be aware that ou y have thirty (30) days.from the date of service hereof to respond to the outstandin g discovery requests. If we do not receive your responses within that time we will notify the court of your failure to comply with a court order, and seek sanctions that ma include your arrest. may Please be guided accordingly, Very truly yours, _T4 V Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L• JOINER, by and through his Power of Attorney, CHARLES E. JOINER, MAY 19 20494 : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V, RICHARD PATTERSON, Individually and d/b/a HERR,S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, CIVIL ACTION - LAW Docket No.: 08-3891 JURY TRIAL DEMANDED Defendants. ORDER AND NOW, this day of 2009, upon consideration of Plaintiffs, Motion to Compel Answers to Interrogatories an for Product of Documents, it is hereby ORDERED that the Motion is GRANTED. Defendants must make full and complete answers to the Interrogatories and complete responses to the Requests for Production of Documents and full 9F 11106011 for , within thirty (30) days of the date f this order nt ?? ?...1 ?th• e. •F.u.1 n or appropriate sanctionsshall be imP oseyd upon Defendants following application to the Court. fey-the.??'?tic '• '•hr'r 1 ? i?t4?? !?? t'??i' dc??'c r11 Court ark, #? . •e J. lei X Ti Exhibit "B" KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F, JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a ; HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL RESPONSES TO NTERROGATORIES & PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 6th day of August, 2009, this matter having been called for argument, the defendant is given fifteen days within which to file a response to outstanding discovery in this case or suffer further sanctions, to include a fine of $55.00 per day, and such further sanctions as the court may deem appropriate upon further petition. Counsel fees are awarded in the amount of $400,00. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 ;bg ?c? 6 t? o3i?8r it`d set mrha+w of um Own * Came, P?a p ?_ ___ nn Cam,.,, __ K Exhibit "C" LAW OFFICES ARCHER & AAA- p.?. THOMAS A-A;RCMR, ESQ. Admitted PA & NJ 2515 NORTH FRONT NEW aRSFY OFFICE: JENNIFER BUSH ARCHER, ESQ. STREET Admitted PA & NJ P.O M- 505¢ HARRISBURG,p* 37 MO,TINTAIN BOULEVARD lYl?1SYLVAMA .X 7110-0056 SUITE1 (717) 233 86?6 wA ?Nl vi. 07059 (908) 995 2000 F?? (7?.7)?2?? $675 www.archerandarcher.com FAX (908) 995-2]04 August 1 I?, 20Q9 . Richard Patterson, ?ndlvldually and d/b/a , Heir's hJse CarsY $ackroads 345: 9 n Street NV1 Curriberlarid, PA'1707b ;. Keie#h: F ld d' F?ln V Jet,,.. er! by ?n thxoP: s Po e of er ?! .p,'' ?' d :i,xl••e??:,. ; .7*. , . w?' x . Hg? Q TTi.'y?17.:••s, a::,• •.. ,i"s:i. i •?t.L' .7ir.. ,T ?:l;? ?. Y?;?•???7•a!,!•!? V S..At}.d4 .j • .`; • '1 'S :D e• ar lY1r'Pd , ttexs• o• - `r .11r -1• (? +e• A-d 'i .>l. :l .? Y s? :p. l'•••••?' ..1 4 V{ -H as . ,., YY+'.. , :k .0 :r R..,? a :yin:'' .., ?, .4,:, QR} : its; `ssu 1 :; ` z; ..,,.•: ?; . 1iy the }I' t•x, :..M ,:,.: , : xt yYxtten r ?. I ?.+ .... tai§t : 6g i. t. r . f;.e:d?S? . '. .1`20t ,..' r;2i,.X; ?! Y?•1t' .?.•-j,;;:•;, " tF •..?I ;: y? ?,1. i;g• `:?_' ?r;irr3,•,Y•.s?; Q q ,.'kpr,, gflp. x,. ;?? ,?+<..:,.' r?, t `wt'?7?EtO 0':$ : 1 ;I.y •. Y;7?. ?._, M.•ill?, ?, ~•f`•••: _i 1T.?+w ls;'.?:`,??:?•:SIF 3S•. \l:t.:... ?iX t.. ?•;: ::. c.. ? , . ;,lid'':, :Sher:p. ?. Y1 }? }I? j? s= i t to }}? 7M±'r• ]? \.• Vi ;?..+ y 1? •T,?+/{.V.y.. k+aF.., •::1 ?? 1 ' ,,.r der; 5.4 •,:t? ???.??Y;'????.Y::,?co.??? ? ?-?? Iii::?4?:;ou,nt -64.1?.;:? :? r ttorneyo:,'dQn'?,,:';To' POO ' - .. f .}<',;.',7`!1•n,aMl. ,?:,?;v.?..t V ?'•??' ?•i :•: 4 :t.l .: 4..;: '.3,t j??•' , The s9,9ond Orr directs` I a VVednesd. ?..;?Y°u.sha•?i;,,,}?P?r fQr ade ay, ugust•2 , 2009.a' 10 `00 P ,? 4ri'at any Pffice ozl a m. Accg.-Mg ly. I hive *Q, of i)epo$Itlgn directed.to you •for.:thut;dte and time. closedl .. No i.ce Very truly yours, .Th. .omas A. Archer T"j1P Enc. .. . CC: .:Kenneth Lloyd (w/ enc.) C$arles::JQiner .(w/'enc.) , KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a : HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL APPEARANCE AT DEPOSITION ORDER OF COURT AND NOW, this 6th day of August, 2009, following argument thereon, the defendant is ordered' and directed to appear for a deposition at 10:00 a.m. on Wednesday, August 26th, 2009, at the office of Thomas A. Archer, Esquire, 2515 North Front Street, Harrisburg, Pennsylvania, 17110. And in default of said appearance, to suffer sanctions, including but not limited to payment of an appearance fee. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg .?J Kevi A. Hess, J. r?'i 33'1+?;!?`r{' .. `s-•:!•? ti?.?}t???? ? i31?13??t3 ': 11ya -Nut acid 0, WrLat ? ° ft, I KENNETH F. LLOYD and ELDON L. JOINER, by and : through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, JURY TRIAL DEMANDED Defendants IN RE: MOTION TO COMPEL RESPONSES TO NTERROGATORIES & PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 6th day of August, 2009, this matter having been called for argument, the defendant is given fifteen days within which to file a response to outstanding discovery in this case or suffer further sanctions, to include a fine of $55.00 per day, and such further sanctions as the court may deem appropriate upon further petition. Counsel fees are awarded in the amount of $400.00. By the Court, Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg Kevin Hess, J. - &Oft set my-haN V Caraxf% Pa ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire 2515 N. Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs, V. RICHARD PATTERSON, Individually and d/b/a HERB'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, CIVIL ACTION - LAW Docket No.: 08-3891 : JURY TRIAL DEMANDED Defendants. NOTICE OF DEPOSITION IN AID OF EXECUTION To: Richard Patterson 345 9ch Street New Cumberland, PA 17070 Notice if given herewith that, pursuant to the Rules of Civil Procedure, the depositon of Richard Patterson will be taken at oral examination at Archer & Archer, P.C., 2515 North Front Street, Harrisburg, PA 17110 on Wednesday, August 26, 2009 at 10:00 a.m. and at any and all adjournment thereof. The deponent is instructed to produce the following for inspection and copying: Your last financial statements, last income tax returns filed with each separate taxing authority, back account records for the last three months (including but not limited to cancelled checks, statements), current books of account, evidence of Defendant's claims against others, receivables, leases, certificates of title, deeds, mortgages, stock, bonds, securities, notes, contracts, agreements, and loan application submitted within the past two years. Date: August 11, 2009 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 CERTIFICATE OF SERVICE I, Jessica R, Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Notice of Deposition in Aid of Execution upon the person(s) stated below, via U.S. First Class Mail, return receipt requested, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9`h Street New Cumberland, PA 17070 Pro Se Date: August 11, 2009 dg?J&essi_ca R. Porter, Paralegal S ? ? Jess Porter From: Richard Patterson [racinrichard@verizon.netj Sent: Thursday, October 08, 2009 11:02 AM To, jporter@archerandarcher.com Kenneth Lloyd and Eldon Joiner Plaintiffs Vs, Richard Patterson Defendant 9/28/2009 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY CIVIL ACTION - LAW No.08-3891 CIVIL Page 1 of 1 I Honorable. Judge Hess, This is my proposal to bring this proceeding to closure: 1. I will remit to you $3000.00 by Nov. 5, 2009. 1 have one other vehicle I will sell either retail or wholesale and remit that for whatever it will bring within 1 month. 2. My social security check is deposited by the 25th of each month and I will pay the clerk of courts or the plaintiffs attorney a sum of $300.00 per month. I owe Mr. Joiner $8000.00 and I owe Mr. Lloyd $6500.00 and that is what I am willing to pay plus Mr. Archers fees. 3. You can draw up a contract to this effect and I will sign and you can allow the court to enforce it. 4. All other proceedings will cease unless I fail to meet my obligations., Regards, a Richard J. Patterson i n 1n innnn T 1.???-?-T„ L1i111 U r?C KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 8th day of October, 2009, it appearing that the defendant has failed to comply with our order of August 6, 2009, and in accordance with the terms thereof he is assessed a fine in the amount of $1,100.00. Additional counsel fees are awarded in the amount of $600.00, for a total of $1,000.00. Further action in this case is deferred to give the parties the opportunity to enter into an amicable resolution of this matter. In the event that same cannot be effected within thirty days, counsel for the plaintiff is granted leave to file a petition to show cause why the defendant should not be cited and adjudicated in contempt. By the Court, of o%ft% k NO. 08-3891 CIVIL TERM Thomas A. Archer, Esquire For Plaintiff Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg I?Im 014, *1- cm?? ?iZX.JLJLJLUJL L LAW OFFICES ARCHER & ARCHER, P.C. THOMAS A. ARCHER, ESQ. Admhded PA & Ni 2515 NORTH FRONT STREET JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056 AdmdUed PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX: (717) 233-8675 www.archtrandarcher.com December 3, 2009 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Richard Patterson 345 9t1i Street New Cumberland, PA 17070 NEW JERSEY OFFICE: 1011 ROUTE 22 WEST, ST. 100 P.O. BOX 6402 BRIDGEWATER, NJ 08807 (908) 995-2000 FAX: (908) 995-2104 RE: Kenneth F. Lloyd.and Eldon Joiner, by and through his Power of Attorney, Charles E.. Joiner v. Richard Patterson, Individually and d/b/a Herr's Used Cars and- Backroads Select Preowned Vehicles Cumberland County CCP Docket No.: 08-3891 As you are aware, this office represents Mr. Lloyd and Mr. Joiner. I am again enclosing a copy of the Court's October. 8, 2009 Order, wherein the Court ordered you to pay a non-compliance fine in the amount of $1,100.00 and counsel fees in the amount of $1,000.00, subject to further proceedings for contempt in the event of your continued non-compliance. I received your check dated November 2, 2009 in the amount of $200.00, which bears the memo "on acct. - $900 Bal." I am returning this check to you because the memo does not accurately reflect the sums you owe. We will process no payment on account that bears an inaccurate statement regarding this matter. The Court, in its Order, stated that it would allow thirty (30) days for an amicable resolution. My clients are willing to extend this period of time and have authorized me to extend a favorable offer of compromise to you. The total amount of fines you owe to date is $2,100.00. The judgments my clients hold against you total $21,464.39, not including significant interest that has accumulated thereon. The combined figure of indebtedness is $23,564.39, again, without adding interest. Mr. Lloyd and Mr. Joiner will agree to suspend all collection efforts and not seek further contempt sanctions by the Court if you will render payments as follows: . I Richard Patterson December 3, 2009 Page Two - $4,000.00 payable by January 1, 2010; - $484.00 per month payable every month for twenty-four (24) months beginning February 1, 2010 - Total of all payments will be $15,616.00. This plan reduces the total amount owed by more than $10,000.00 considering interest that would otherwise accrue, and allows you two (2) years to pay it off. Your other option is to pay the fines and costs that are due immediately in full and produce the records we have requested. Collection efforts would then continue and no further discounts will be offered, Please return a signed copy of.this letter to me within ten (10) days to indicate your acceptance of this settlement proposal. If we do not receive the signed letter back or if you do not meet its terms, we will petition for another court hearing. Thank you, Verv tri?lv.vnnrc Thomas A. Archer TAA/jrp Enc. CC: Kenneth Lloyd (w/ enc.) Charles Joiner (w/ enc.) AGREED AND ACCEPTED: Richard Patterson KENNETH F.-LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES F. JOINER, Plaintiff V RICHARD PATTERSON, Individually and d/b/a ; HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 08-3891 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 8th day of October, 2009, it appearing that the defendant has failed to comply with our order of August 6, 2009, and in. accordance with the terms thereof he is assessed a fine in the amount of $1,100,00. Additional. counsel fees are awarded in the amount of .$600.00, for a total of $1,000.00, Further action in this case is deferred to give the parties the opportunity to enter into an amicable resolution of this matter. In the event that same cannot be effected within thirty days, counsel for the plaintiff is granted leave to file 'a petition to show cause why the defendant should not be cited and adjudicated in contempt. By the Court, COP ink" ? , „ Thomas Archer From: Thomas Archer [tarcher@archerandarcher.comj Sent: Monday, December 28, 2009 4:20 PM To: 'Jess Porter' Subject: FW: Lloyd and Joiner Attachments: Ltr to Patterson 12.3.09.pdf Jess, Please call to remind him of below deadlines. Thomas A. Archer, Esquire ARCHER & ARCHER, P.C. 717.233.8676 (PA) 908.995.2000 (NJ) tarcher@archerandarcher.com Page 1 of 1 From: Thomas Archer [mailto:tarcher@archerandarcher.com] Sent: Monday, December 21, 2009 10:52 AM To: 'racinrichard@verizon.net' Subject: Lloyd and Joiner Mr. Patterson, Attached please find my December 3'd letter to you. This letter was sent via certified mail which you have apparently declined to claim. AS Judge Hess Indicated he would give you the benefit of the doubt in cooperating with me regarding resolution of this matter, I am attaching this letter and sending it to you via regular mail so as to account for the remote possibility that you did not receive notice of the certified mail copy. I am also extending the deadline for returning a signed copy of the letter to me until December 31, 2009 and will agree to accept the first settlement payment called for therein by January 15, 2010. We will send no further notices before contacting the Court and will provide no further extensions. Thomas A. Archer, Esquire ARCHER & ARCHER, P.C. 717.233.8676 (PA) 908.995.2000 (NJ) tarcher@archerandarcher.com /5/201 o ,, Exhibit "H" . KENNETH F. LLOYD and IN THE COURT OF COMMON PLEAS OF ELDON L. JOINER, by and: through his Power of CUMBERLAND COUNTY, PENNSYLVANIA Attorney, CHARLES E. JOINER, CIVIL ACTION - LAW Plaintiffs NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants JURY TRIAL DEMANDED IN RE: PETITION FOR CONTEMPT OF COURT ORDER OF QOURT AND NOW, this 5th day of March, 2010, the court being satisfied that the defendant is in contempt of our prior discovery orders in-this c?se, a contempt citation is issued, and the defendant is cited in contempt. Adjudication is deferred to the call of the plaintiffs, and on condition that the defendant aibide by the agreement of the parties as reflected in a court order of even date herewith: Thomas A. Archer, Esquire For Plaintiff Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 bg By the Court, l 4, Exhibit "I" r ? KENNETH F. LLOYD and ELDON L. JOINER, by and: through his Power of Attorney, CHARLES E. JOINER, Plaintiffs V RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 5th day of March, 2010, this matter having been called for hearing on a motion for sanctions, action on the motion for sanctions is deferred provided there is compliance with the following agreed-upon order: 1) The defendant shall pay to the plaintiffs on account of a prior award of attorney's fees the sum of $1,000.00 prior to the close of business on March 12, 2010. 2) The defendant shall pay on account of sums due and owing the plaintiff the sum of $3,000.00 prior to the close of business on March 19, 2010. 3) The defendant shall thereafter make regular monthly payments on account of sums due the plaintiffs in the amount of $300.00 until the sum of $14,500.00 is paid in full. The assessment of fines against the defendant.in prior orders of court, including but not limited to our orders of August 6, 2009, and October 8, 2009, are vacated. Nothing in our court orders issued today should be regarded as any impediment to the restoration of the '1 ' ; Y NO. 08-3891 CIVIL TERM defendant's vehicle salesman's license by the Commonwealth of Pennsylvania, Department of State. By the Court, Thomas A. Archer, Esquire For Plaintiff Mr. Richard Patterson 345 9th Street New Cumberland, PA 17070 :bg .? . CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Petition to Show Cause for Contempt of Court upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: Richard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9t" Street New Cumberland, PA 17070 Pro Se Y ? Date: February 10, 2011 dd-Jessic6a R. Porter, aralegal KENNETH F. LLOYD and ELDON L. JOINER, by and through : his Power of Attorney, CHARLES E.: JOINER, Plaintiffs VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, : Defendants : JURY TRIAL DEMANDED ? xr-1 --0 z rri-n :n r- _ ?> CD e--- ?--? ---rte C:)- n : ? IN RE: PLAINTIFF'S PETITION FOR CONTEMPT ORDER AND NOW, this Za day of April, 2011, hearing in the above matter set for April 21, 2011, is continued to Tuesday, May 17, 2011, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /7b? in,A.' Hess, J. Thomas A. Archer, Esquire For the Plaintiffs Richard Patterson 345 9`r' Street New Cumberland, PA 17070 Defendant ?` CoP1es ?f ao?u OCg Am KENNETH F. LLOYD and ELDON L. JOINER, by and through : his Power of Attorney, CHARLES E.: JOINER, Plaintiffs vs. RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL JURY TRIAL DEMANDED IN RE: PLAINTIFF'S PETITION FOR CONTEMPT ORDER AND NOW, this / O" day of August, 2011, hearing in the above matter set for August 9, 2011, is continued to Tuesday, November 22, 2011, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin ess, J. Thomas A. Archer, Esquire -? For the Plaintiffs Richard Patterson 345 9 Street (11 New Cumberland, PA 17070 g I O(Lb Defendan t :TL T' -4 C) KENNETH F. LLOYD and ELDON L. JOINER, by and through : his Power of Attorney, CHARLES E.: JOINER. Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3891 CIVIL RICHARD PATTERSON, Individually and d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, : Defendants : JURY TRIAL DEMANDED c-? rnrn xr.. 3> r, x c: IN RE: PLAINTIFF'S PETITION FOR CONTEMPT ORDER AND NOW, this z ?'Aday of April, 2012, hearing in the above matter set for r,a EE! N N C+? a?. November 22, 2012, is continued to Tuesday, May 15, 2012, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Thomas A. Archer, Esquire For the Plaintiffs Richard Patterson 345 9th Street New Cumberland, PA 17070 Defendant rlm ,Fti'L BY THE COURT, Kevin A. "Hess, J. KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, Plaintiffs V. RICHARD PATTERSON, Individually and d/b/a HERR'S USED CARS and BACKROADS SELECT PREOWNED VEHICLES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-3891 CIVIL TERM C= -ate Z m M -< C'? ca r % --i C?i ORDER OF COURT AND NOW, this 15th day of May, 2012, further hearing herein is deferred to the call of either party upon the defendant's indication to the court that he will pay on account of the sums due the amount of $2,500.00 prior to the close of business on Wednesday, May 23, 2012; and the sum $2,000.00 one month later; and the balance of $1,300.00 one month thereafter. By the Court, Kevin/A. Hess, P.J. Thomas A. Archer, Esquire For Plaintiffs ? Richard Patterson 345 9th Street Q11 00pie'? l New Cumberland, PA 17070 5I(ul 60 Pro se Defendant :bg C Mette,'Evans and Woodside By: Thomas A. Archer, Esquire 3401 North Front Street P.O. Box 5950 HarrisOurg, PA 17110 717-2312-5000 Attorney for Plaintiffs KENNETH F. LLOYD and ELDON L. JOINER, by and through his Power of Attorney, CHARLES E. JOINER, Plaintiffs, v. d/b/a HERR' S USED CARS and BACKROADS SELECT PREOWNED JURY TRIAL DEMANDED VEHICLES, IN THE COURT OF COMMON PqF ks CUMBERLAND COUNTY == PENNSYLVANIA sT r-- • ? ?' rev CIVIL ACTION - LAW • .4y 4 w.m? Docket No.: 08-3891 r - rya RICHARD PATTERSON, Individually and Defendants. PRAECIPE TO SETTLE, DISCONTINUE, END and VACATE TO THE PROTHONOTARY: Please mark the caption in the above matter as SETTLED, DISCONTINUED, ENDED and VACATED with prejudice. Date;, August 21, 2012 By: Thomas A. Archer, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 (717) 232-5000 Attorney for Plaintiffs r M= 4Q.50 P Q Arn/ Olt IC65A, &a???r6' 591125'VI CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Praecipe to Settle, Discontinue, End and Vacate upon the person(s)Istated below, via U.S. First Class Mail, addressed as follows: R?chard Patterson, d/b/a Herr's Used Cars and Backroads Select Pre-owned Vehicles 345 9t" Street New Cumberland, PA 17070 P?o Se Date: August 21, 2012 A M??) S - U Jessica R. Porter, aralegal 591128v1