Loading...
HomeMy WebLinkAbout09-7584?J r SCARINGI & SCARINGI, P.C. Laurence C. Kress, Esquire Supreme Court ID No. 93137 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Telephone (717) 657-7770 Facsimile (717) 657-7797 Email Laurence cnr scaringilaw com Attorneys for Antonio Alatorre ANTONIO ALATORRE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. v 9- 7 t F y T? •, FRANK BARBA, Individually CIVIL ACTION - LAW AND EQUITY and T/DB/A THE PHONE . COMPANY, Defendant. COMPLAINT AND NOW comes the Plaintiff, Antonio Alatorre, by and through his counsel, Laurence C. Kress, Esquire, and the law firm of Scaringi & Scaringi, P.C., and hereby files his Complaint against the Defendant as follows: 1. Plaintiff is an adult individual residing at 120 Hickorytown Road, Carlisle, PA 17015. 2. Defendant Frank Barba is an adult individual residing at 6 Kelly Drive, Carlisle, Cumberland County, PA 17015 t/d/b/a The Phone Company with a business address of 243 E. Main Street, Shiremanstown, Cumberland County, PA 1701 L 3. At all times relevant to this Complaint, Plaintiff and Defendant were and are engaged in the business of operating and leasing payphones. The phones were, and are, at the time of this Complaint, located at various businesses in Cumberland, Dauphin, York., Lancaster and Berks Counties. 4. In September of 2005, Plaintiff and Defendant entered into an oral agreement whereby Plaintiff would purchase the business (hereinafter "Business") from Defendant. The assets of the Business include, but are not limited to, approximately 150 payphones in various business locations plus approximately 150 currently held by Defendant in storage. 6. Each of the payphones has an account with a phone service provider. 7. The payphones generate revenue in both the form of coins and credits for calling card calls and operator-assisted calls. The calling card and operator-assisted call revenue goes into accounts separate from the coin-derived revenue. 8. From 2006 until February of 2008, Plaintiff made installment payments for the purchase of the Business. 9. In July of 2008, Defendant acknowledged in writing to Plaintiff that the purchase of the Business was complete, and that Plaintiff was the owner. 10. Defendant has failed to transfer the accounts with the phone service providers to Plaintiff. 2 11. Defendant has kept the accounts which receive the revenue from calling card calls and operator-assisted calls in his name. 12. Defendant has continued to receive the revenue from the calling card calls and operator-assisted calls to which Plaintiff is entitled. 13. Rather than transfer the account with the phone service providers to Plaintiff, Defendant has deactivated many of the lines, and continues to deactivate these accounts. 14. Plaintiff has incurred, and continues to incur, substantial costs in re-activating the phone lines, as this requires a $100 fee per activation. 15. Defendant has been damaging the payphones belonging to Plaintiff, by removing parts from them and rendering them inoperable. Each pay phone unit costs several hundred dollars. 16. To date, at least 20 payphone units have been rendered inoperable by Defendant's acts of vandalism. 17. Defendant has breached his agreement with Plaintiff by failing to transfer assets and accounts of the Business. 18. Defendant has converted Plaintiff's property, namely equipment and revenues owed to the Plaintiff. 19. Defendant has tortiously damaged equipment belonging to Plaintiff. 20. Defendant has acted maliciously and in bad faith. 21. Plaintiff has suffered, and continues to suffer, considerable financial losses as a result of Defendant's actions. 22. Plaintiff's business lacks the resources to remedy the damages being caused by Defendant's wrongful actions. If Defendant is not enjoined from damaging Plaintiff's property, 3 deactivating accounts which should have been transferred to Plaintiff revenues to which Plaintiff is entitled, Plaintiffs , and continuing to receive Business will suffer irreparable harm. WHEREFORE, Plaintiff, Antonio Alatorre respectfully requests th Court enter an Order granting a special at this Honorable Preliminary and permanent injunction, and damages as follows: a• To enjoin Defendant from deactivating any accounts for any of the payphones belonging to Plaintiff, b. To further enjoin Defendant from selling, leasing, destroying disposing of the payphones and anor otherwise any other equipment in storage belong to the Plaintiff; C. To order Defendant to transfer all accounts, including but not limited lines accounts and the accounts which receive revenue from calling to Phone calls, relating to the Phones that are card and operator-assisted part of plaintiffs Business to Plaintiff; d. 'To impose a constructive trust upon the revenues received from ca operator-assisted calls, relating to the Phones that are art of fling card and P Plaintiff's Business. e• TO order Defendant to turn over the PaYphones and any other equipment in storage belong to the Plaintiff to Plaintiff, f To enjoin Defendant from damaging, vandalizing, stealing, or Otherwise interfering with any of Plaintiffs equipment currently in operation; g• TO order Defendant to pay compensatory damages for the revenue for th from calling card and operator-assisted calls which should have been ai a revenue p d to Plaintiff; h. To order Defendant to pay compensatory damages for the destruction Plaintiff's equipment. of i. To order Defendant to pay punitive damages; 4 J. To pay plaintiff's costs and attorney fees for bring this legal relief; and action for equitable and k• Any other relief that the Court may deem to be ' Just and equitable under the circumstances. Dated: Respectfully submitted, SCAR)(NGI & SCARINGI, P.C. By .g Laurence C. Kress, Esquire Supreme Court ID No. 93137 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Facsimile: (717) 657-7797 laurenc?rin ilaw.com Attorneys for Antonio Alatorre 5 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief I understand that the statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn statements. Date Antontio Alatorre RUE) r- 2909 11011 -3 Ai" 3: U, 4 f + `f SCARING[ & SCARINGI, P.C. Laurence C. Kress, Esquire Supreme Court ID No. 93137 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Telephone (717) 657-7770 Facsimile (717) 657-7797 Email laurence(&scaringilaw.com Attorneys for Antonio Alatorre ANTONIO ALATORRE, Petitioner, V. FRANK BARBA, Individually and T/DB/A THE PHONE COMPANY, Respondent. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA C? 7Z, . No. 0 s 75 F'l l CIVIL ACTION - LAW AND EQUITY PETITION FOR SPECIAL INJUNCTION AND NOW comes Antonio Alatorre, by and through his counsel, Laurence C. Kress, Esquire, and the law firm of Scaringi & Scaringi, P.C., and pursuant to Pa.R.C.P. No. 1531, and hereby Petitions the Court for a Special Injunction for the following reasons: 1. Petitioner has filed an action against Respondent Frank Barba t/d/b/a The Phone Company seeking equitable relief. A true and correct copy of the Complaint is attached hereto as Exhibit "A." 2. Petitioner is in the business of leasing and operating payphones in the central Pennsylvania area. Petitioner purchased this business (hereinafter "Business") from Respondent. 4. Petitioner's Complaint seeks legal and equitable relief. The request for equitable relief seeks, inter alia, an injunction enjoining Respondent from interfering with Plaintiff s business by deactivating accounts with phone service providers and damaging equipment belonging to Plaintiff. 5. Since selling the Business to Petitioner, Respondent has failed to transfer accounts and property of the business. 6. As detailed in the Complaint, Respondent continues to receive revenues to which Petitioner is entitled. 7. Respondent has deactivated accounts with service providers. This requires Petitioner to incur substantial expenses in reactivation fees. 8. Respondent has damaged over twenty of Petitioner's payphones and continues to do so. At several hundred dollars per unit, the cost to replace these will run into the thousands of dollars. 9. Respondent is in possession of approximately 150 payphones belonging to the Business which are in storage. 10. As a result of Respondent's receipt of funds to which Petitioner is entitled, deactivation of accounts and damaging of Petitioner's equipment, Petitioner has experienced a substantial drop in revenue. Petitioner's reduced cash flow has prevented him from remedying these matters. 2 11. If Respondent is not enjoined from interfering with and damaging Petitioner's Business, the Business may fail completely. 12. In light of the foregoing, Petitioner believes, and therefore avers, that a special injunction is necessary to preserve the status quo and to prevent immediate and irreparable harm to his Business. WHEREFORE, Petitioner, Antonio Alatorre, respectfully requests that this Honorable Court enter an Order granting his Petition for Special Injunction as follows: a. Prohibiting Respondent from deactivating any accounts relating to the Business; b. Prohibiting Respondent from damaging, removing, transferring, or otherwise disposing any of the payphones or parts thereof, in operation or in storage, belonging to Petitioner; and C. Scheduling a hearing in accordance with Pa.R.C.P. No. 1531(d). Dated: gfp-of Respectfully submitted, SCARINGI & SCARINGI, P.C. By Ae- ,,.. G, /• -.? Laurence C. Kress, Esquire Supreme Court ID No. 93137 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Facsimile: (717) 657-7797 laurence cr,scaringilaw.com Attorneys for Antonio Alatorre EXHIBIT A SCARINGI & SCARINGI, P.C. Laurence C. Kress, Esquire Supreme Court ID No. 93137 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Telephone (717) 657-7770 Facsimile (717) 657-7797 Email laurenceg scaringilaw.com Attorneys for Antonio Alatorre ANTONIO ALATORRE, Plaintiff, V. FRANK BARBA, Individually and T/D/B/A THE PHONE COMPANY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . No. CIVIL ACTION - LAW AND EQUITY COMPLAINT AND NOW comes the Plaintiff, Antonio Alatorre, by and through his counsel, Laurence C. Kress, Esquire, and the law firm of Scaringi & Scaringi, P.C., and hereby files his Complaint against the Defendant as follows: 1. Plaintiff is an adult individual residing at 120 Hickorytown Road, Carlisle, PA 17015. 2. Defendant Frank Barba is an adult individual residing at 6 Kelly Drive, Carlisle, Cumberland. County, PA 17015 t/d/b/a The Phone Company with a business address of 243 E. Main Street., Shiremanstown, Cumberland County, PA 17011. 3. At all times relevant to this Complaint, Plaintiff and Defendant were and are engaged in the business of operating and leasing payphones. The phones were, and are, at the time of this Complaint, located at various businesses in Cumberland, Dauphin, York, Lancaster and Berks Counties. 4. In September of 2005, Plaintiff and Defendant entered into an oral agreement whereby Plaintiff would purchase the business (hereinafter "Business") from Defendant. 5. The assets of the Business include, but are not limited to, approximately 150 payphones in various business locations plus approximately 150 currently held by Defendant in storage. 6. Each of the payphones has an account with a phone service provider. 7. The payphones generate revenue in both the form of coins and credits for calling card calls and operator-assisted calls. The calling card and operator-assisted call revenue goes into accounts separate from the coin-derived revenue. 8. From 2006 until February of 2008, Plaintiff made installment payments for the purchase of the Business. 9. In July of 2008, Defendant acknowledged in writing to Plaintiff that the purchase of the Business was complete, and that Plaintiff was the owner. 10. Defendant has failed to transfer the accounts with the phone service providers to Plaintiff. 2 11. Defendant has kept the accounts which receive the revenue from calling card calls and operator-assisted calls in his name. 12. Defendant has continued to receive the revenue from the calling card calls and operator-assisted calls to which Plaintiff is entitled. 13. Rather than transfer the account with the phone service providers to Plaintiff, Defendant has deactivated many of the lines, and continues to deactivate these accounts. 14. Plaintiff has incurred, and continues to incur, substantial costs in re-activating the phone lines, as this requires a $100 fee per activation. 15. Defendant has been damaging the payphones belonging to Plaintiff, by removing parts from them and rendering them inoperable. Each pay phone unit costs several hundred dollars. 16. To date, at least 20 payphone units have been rendered inoperable by Defendant's acts of vandalism. 17. Defendant has breached his agreement with Plaintiff by failing to transfer assets and accounts of the Business. 18. Defendant has converted Plaintiff's property, namely equipment and revenues owed to the Plaintiff. 19. Defendant has tortiously damaged equipment belonging to Plaintiff. 20. Defendant has acted maliciously and in bad faith. 21. Plaintiff has suffered, and continues to suffer, considerable financial losses as a result of Defendant's actions. 22. Plaintiff's business lacks the resources to remedy the damages being caused by Defendant's wrongful actions. If Defendant is not enjoined from damaging Plaintiff's property, 3 deactivating accounts which should have been transferred to Plaintiff, and continuing to receive revenues to which Plaintiff is entitled, Plaintiff's Business will suffer irreparable harm. WHEREFORE, Plaintiff, Antonio Alatorre respectfully requests that this Honorable Court enter an Order granting a special, preliminary and permanent injunction, and damages as follows: a. To enjoin Defendant from deactivating any accounts for any of the payphones belonging to Plaintiff, b. To further enjoin Defendant from selling, leasing, destroying or otherwise disposing of the payphones and any other equipment in storage belong to the Plaintiff, C. To order Defendant to transfer all accounts, including but not limited to phone lines accounts and the accounts which receive revenue from calling card and operator-assisted calls, relating to the Phones that are part of Plaintiff's Business to Plaintiff, d. To impose a constructive trust upon the revenues received from calling card and operator-assisted calls, relating to the Phones that are part of Plaintiff's Business. e. To order Defendant to turn over the payphones and any other equipment in storage belong to the Plaintiff to Plaintiff; f. To enjoin Defendant from damaging, vandalizing, stealing, or otherwise interfering with any of Plaintiff's equipment currently in operation; g. To order Defendant to pay compensatory damages for the revenue for the revenue from calling card and operator-assisted calls which should have been paid to Plaintiff; h. To order Defendant to pay compensatory damages for the destruction of Plaintiff's equipment. To order Defendant to pay punitive damages; 4 To pay Plaintiff's costs and attorney fees for bring this action for equitable and legal relief; and k. Any other relief that the Court may deem to be just and equitable under the circumstances. Dated: /0- g-09 Respectfully submitted, SCARINGI & SCARINGI, P.C. By --?--? Laurence C. Kress, Esquire Supreme Court ID No. 93137 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Facsimile: (717) 657-7797 laurence@scarin gil aw. coin Attorneys for Antonio Alatorre 5 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn statements. In /To ? ?? Date Antontio Alatorre VERIFICATION I verify that the statements made in the foregoing Petition for Injuction are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn statements. Date Antontio Alatorre ??.; 1 t?' SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Antonio Alatorre vs. Frank Barba 401%,' Case Number 2009-7584 SHERIFF'S RETURN OF SERVICE 11/05/2009 07:20 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 5, 2009 at 1920 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Frank Barba, by making known unto Cindy Barba, wife of defendant at 6 Kelley Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.84 November 06, 2009 SO &ANSVV RS, y R THOMAS KLINE, SHERIFF By Deputy Sheriff ANTONIO ALATORRE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-7584 CIVIL TERM FRANK BARBA, Individually and CIVIL ACTION - IN LAW AND EQUITY T/D/B/A THE PHONE COMPANY, : Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire and Snelbaker & P. C. as attorneys for Defendant Frank Barba in the above-captioned action. SNELBAKER & BRENNEMAN, P. C. November 11, 2009 Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Frank Barba LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Laurence C. Kress, Esquire Scaringi & Scaringi, P. C. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorney for Defendant Frank Barba November 11, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ?.t1 r" TUI-I -tP r,• R v 2C, u9 NOV 12 t.fl !C: 5, :. l.ilit ? •. . ! ?j y ? NOV 0 3 2009 6,2 ANTONIO ALATORRE, : IN THE COURT OF COMMON PLEAS Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. No. O? . 7 P?f Ctu T? FRANK BARBA, Individually CIVIL ACTION - LAW AND EQUITY and T/DB/A THE PHONE COMPANY, Respondent. ORDER AND NOW this day of November, 2009, upon consideration of Plainiff/Petitioner's Verified Complaint in Equity and Petition for Special Preliminary Injuction, and appearing to the Court that immediate irreparable harm will be sustained by Plaintiff/Petitioner before a hearing can be held on Plaintiff/Petitioner's Petition for Injunction, it hereby ORDERED that: 1. Respondent is enjoined from damaging, removing, transferring, or otherwise disposing any of the payphones or parts thereof, in operation belonging to Petitioner; 2. Respondent is enjoined from damaging, removing, transferring, or otherwise disposing any of the payphones or parts thereof, currently in storage in the possession of Respondent; 3. Respondent is enjoined from deactivating any accounts relating to the Business; and 4. Pursuant to Pa.R.C.P. No. 1531(d), a hearing pertaining to the continuance of this preliminary injunction will be held on the 0 day of November, 2009 at .OV P m. before Judge 6 ? g'Q4 in the Court of Common Pleas for Cumberland County. 5. Further, a Rule is entered upon the Defendant/Respondent to Show Cause, at the above date and time, why this Preliminary Injunction should not be continued. BY THE RT: J. Distribution: ? Frank Barba 6 Kelly Drive Carlisle, PA 17015 ?ence C. Kress, Esq. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 i illy 1 11 !,!" 11 1* 1 - '? r, , -, - ? ", LLDkJ? [;--t I ; I ": - '-? ANTONIO ALATORRE, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-7584 CIVIL TERM FRANK BARBA, Individually and T/D/B/A THE PHONE CIVIL ACTION - LAW AND EQUITY COMPANY, Respondent MOTION TO CONTINUE HEARING ON CONTINUANCE OF PRELIMINARY INJUNCTION PURSUANT TO Pa.R.C.P. 1531(d) Defendant Frank Barba, by his attorneys, Snelbaker & Brenneman, P. C. submits this Motion and in support thereof states the following: 1. This action was initiated by Plaintiff Antonio Alatorre by Complaint filed November 3, 2009. 2. On November 3, 2009 in conjunction with filing the Complaint in this action, Plaintiff as Petitioner filed a Petition For Special Preliminary Injunction. 3. On November 16, 2009 this Court issued an Order ex parte granting Petitioner preliminary injunctive relief and scheduling a hearing pertaining to the continuance of the preliminary injunction issued for 2:00 p.m. on Friday, November 20, 2009. A true and correct copy of the Court's Order issued in this action on November 16, 2009 is attached hereto and incorporated by reference herein as "Exhibit A". 4. Pa.R.C.P. 1531(d) provides that an injunction granted without notice to the defendant shall be deemed dissolved unless a hearing on the continuance of the injunction is held within five days af,:er the granting of the injunction or within such other time as the parties may agree or as the Court upon cause shown shall direct. LAW OFFICES SNELBAKER a BRENNEMAN, P.C. 5. Defendant received notification on the hearing on the preliminary injunction as noted in the Court's Order identified above on November 18, 2009. 6. Defendant's attorney received notification of the hearing on the preliminary injunction on November 19, 2009. 7. Due to the time needed to prepare for the hearing on the continuance of the preliminary injunction and the fact that Defendant is leaving on a planned vacation on November 21, 2009 and is required to make preparations for leaving, Respondent's attorney has requested Petitioner's attorney that the hearing on the continuance of the preliminary injunction be continued from November 20, 2009 and rescheduled by the Court on or after December 7, 2009. 8. Petitioner's attorney, Laurence C. Kress, Esquire consents to the hearing on the continuance of the preliminary injunction being rescheduled to a date on or after December 7, 2009 on the condition that the injunctive relief issued in the Order of November 16, 2009 remains in place until further Order of Court. Respondent's counsel agrees with the imposition of the foregoing condition. 9. The Honorable Edward E. Guido issued the Order of November 16, 2009 in this action. WHEREFORE, Respondent requests that the hearing on the continuance of the preliminary injunction scheduled for November 20, 2009 be continued to a date to be scheduled -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. by this Court on or after December 7, 2009 subject to the condition that the injunctive relief issued in the Order of November 16, 2009 continue until further Order of this Court. By: Date: A6 wauth2 / q 2 c SNELBAKER & BRENNEMAN, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant/Respondent Frank Barba -3- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section relating to unsworn falsification to authorities. Keith O. Brenneman November 19, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. NOV 0 3 2009 6 2 ANTONIO ALATORRE, : IN THE COURT OF COMMON PLEAS Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA FRANK BARBA, Individually CIVIL ACTION - LAW AND EQUITY and T/DB/A THE PHONE COMPANY, Respondent. ORDER AND NOW this day of November, 2009, upon consideration of Plainiff/Petitioner's Verified Complaint in Equity and Petition for Special Preliminary Injuction, and appearing to the Court that immediate irreparable harm will be sustained by Plaintiff/Petitioner before a hearing can be held on Plaintiff/Petitioner's Petition for Injunction, it hereby ORDERED that: 1. Respondent is enjoined from damaging, removing, transferring, or otherwise disposing any of the payphones or parts thereof, in operation belonging to Petitioner; 2. Respondent is enjoined from damaging, removing, transferring, or otherwise disposing any of the payphones or parts thereof, currently in storage in the possession of Respondent; 3. Respondent is enjoined from deactivating any accounts relating to the Business; and 4. Pursuant to Pa.R.C.P. No. 1531(d), a hearing pertaining to the continuance of this *A#- preliminary preliminary injunction will be held on the 0 day of November, 2009 at .W 1 M. before Judge 6:?? t `4 in the Court of Common Pleas for Cumberland County. EXHKBIT A I 5. Further, a Rule is entered upon the Defendant/Respondent to Show Cause, at the above date and time, why this Preliminary Injunction should not be continued. BY THE RT: J. Distribution: Frank Barba 6 Kelly Drive Carlisle, PA 17015 Laurence C. Kress, Esq. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Motion to be served upon the person and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Laurence C. Kress, Esquire 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 By: November 19, 2009 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Frank Barba LAW OFFICES SNELBAKER & BRENNEMAN, P.C. RID-Di CE OF *Qn F '+ !' :?}iARY 2009 NOV 19 PH 3: 4 2 Nov 19 2009 f FONIO ALATORRE, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-7584 CIVIL TERM iNK BARBA, Individually : T/DB/A THE PHONE CIVIL ACTION - LAW AND EQUITY vIPANY, Respondent ORDER AND NOW, this / f-M day of November, 2009, upon consideration of the Motion o Continue Hearing submitted by Respondent and the concurrence in that Motion by etitioner's counsel, it is hereby ORDERED that the hearing scheduled on the continuance of the injunction pursuant to Pa.R.C.P. 1531(d) for November 20.492 at 2:00 n.m. is hereby ontinued to the A) day of , 2009 at p?? O Q o'clock m. The injunctive relief issued in the Court's Order of November 16, 2009 shall continue and e binding upon Respondent until further order of the Court. BY THE COURT: J. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. FILED-; =FCE E , OF '1N PRi ni- n"NOTARY 2009 NOV 20 AM 9: 5 5 CUNT I' ij'\f Y ! / ! 2O f v? - ?G ? ? ?S s?-1 ? ? ?4? 44.x'7 K . id r:..,,J??? p4kf 1, . lG?u FIE.~D-~J,=~ i~E ,r ~L ~^~' nT 20(Q J;~r~ i 3 ~~# 2~ Q 1 ANTONIO ALATORRE, IN THE COURT OF COMMON PLEAS OF Plaintiff CU~V%~:. ; ;:~UN~,btLAND COUNTY, PENNSYLVANIA NO. 09-7584 CIVIL TERM FRANK BARBA, Individually and T/D/B/A THE PHONE COMPANY, :CIVIL ACTION -LAW AND EQUITY Defendant JURY TRIAL DEMANDED MOTION TO APPROVE STIPULATION TO CONTINUE PRELIMINARY INJUNCTION Respondent/Defendant Frank Barba, by his attorneys, Snelbaker & Brenneman, P. C., submits this Motion to Approve Stipulation To Continue Preliminary Injunction as follows: 1. This action was initiated by Plaintiff Antonio Alatorre by Complaint filed November 2002. 2. On November 3, 2009 in conjunction with filing the Complaint in this action, Plaintiff a Petiiion for Special Preliminary Injunction. 3. On November 16, 2009, this Court issued an Order ex parte, granting Petitioner's injunctive relief and scheduling a hearing pertaining to the continuance of the iminarv injunction for November 20, 2009. 4. 3y Order dated November 19, 2009, the hearing on the preliminary injunction was ued by motion of the Defendant to December 10, 2009. 5. By Order dated December 4, 2009, the hearing scheduled for December 10, 2009 was to January 15, 2010 at 9:30 a.m. 6. Defendant/Respondent voluntarily agrees to continuation of the preliminary injunctive ief granted by the Court in its November 16, 2009 Order, without prejudice to Defendant or LAW OFFICES ' SNELBAKER & onceding that proper bases for injunctive relief exists. BRENNEMAN. P.C. 7. The parties, through their attorneys, stipulate to the continuation of the injunctive relief granted in the November 16, 2009 Order of Court until further Order or decision of this Court. 8. Petitioner's/Plaintiff s attorney, Laurence C. Kress, Esquire, consents to the relief requested in this Motion. 9. ',he Honorable Edward E. Guido issued the Orders of November 16, 2009, November 19, 2009 and December 4, 2009. WHEREFORE, Respondent requests this Court to issue the Order presented with this Motion continuing the injunctive relief granted Plaintiff in this action. SNELBAKER &BRENNEMAN, P. C. LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. By: Date: ~1.~au,~r~+.~ f 3, Zt>fo i(7ti~ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Frank Barba, individually and t/d/b/a The Phone Company 2 VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relati,~g to unsworn falsification to authorities. Keith O. Brenneman Date: J~ N ~ 3 are' ° LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Laurence C. Kress, Esquire Scaringi &Scaringi, P. C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 SNELBAKER &BRENNEMAN, P.C. Keith U. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Frank Barba individually and t/d/b/a The Phone Company ~.. J~ti~ 1~~ Zarv LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. At~Y 2ara~~~ i3 F~ 2: Zs CU,4~~ - . t . r'T`~ ~; ~ ~ ~ ,; , ~ ~ I'.i ~,4rj ~t~r1,lj~~ ~ V l Y I SCARINGI & SCARINGI, P.C. Laurence C. Kress, Esquire Supreme Court ID No. 93137 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Telephone (717) 657-7770 Facsimile (717) 657-7797 Email laurence crscaringilaw.com Attorneys for Antonio Alatorre ANTONIO ALATORRE, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-7584 CIVIL TERM FRANK BARBA, Individually :CIVIL ACTION -LAW AND EQUITY and T/DB/A THE PHONE COMPANY, . Defendant. REPLY TO NEW MATTER AND COUNTERCLAIM AND NOW comes the Plaintiff, Antonio Alatorre, by and through his counsel, Laurence C. Kress, Esquire, and the law firm of Scaringi & Scaringi, P.C., and hereby submits his Reply to Defendant's New Matter and Counterclaim as follows: NEW MATTER 23. Averment states a conclusion of law to which no response is required. 24. Averment states a conclusion of law to which no response is required. 25. Averment states a conclusion of law to which no response is required. 26. Averment states a conclusion of law to which no response is required. 27. Averment states a conclusion of law to which no response is required. 28. Averment states a conclusion of law to which no response is required. 29. Admitted. 30. Admitted. 31. Admitted in part and denied in part. It is admitted that Plaintiff operated the business shortly after commencing work with Defendant. It is denied that Defendant continued to pay Plaintiff as an independent contractor; in fact, Defendant ceased paying Plaintiff completely. 32. Denied. Initially, Defendant presented Plaintiff with one option to purchase the business for $450,000. Plaintiff did not agree to this price. By way of further answer, Plaintiff had been operating the business for longer than one year. 33. Admitted in part and denied in part as follows: a. Denied. The parties never agreed on a total price of $450,000. b. Admitted. c. Admitted in part and denied in part. It is admitted that Defendant would receive the specified payments. It is denied that Plaintiff was obligated to pay any interest. d. Admitted. e. Admitted. f. Denied. Plaintiff paid for all applicable taxes, fees and licenses. 34. Admitted. 2 35. Denied. Plaintiff made monthly payments of $6,000 beyond July 31, 2007. 36. Denied. Plaintiff made all payments in a timely fashion during the specified period. 37. Admitted. 38. Denied. The business' revenue dropped precipitously, resulting in insufficient revenues. 39. Denied. When revenues dropped to the point that Plaintiff had difficulty paying $6,000 per month, Defendant told Plaintiff to pay whatever he was able, thus modifying the agreement. 40. Denied. Plaintiff devoted long hours to maintain the business; the time Plaintiff expended was more than sufficient to successfully operate the business. 41. Denied. Plaintiff provided timely service to customers whenever notified of a need for repair or service. By way of further answer, Defendant often failed to pass along requests from customers to Plaintiff. 42. Denied. Defendant often did not provide account statements Plaintiff so as to permit payment thereof. Plaintiff paid all account balances when provided with the statements. 43. Denied. Plaintiff paid all commissions owed. 44. Denied. Any problems relating to telephone accounts were the result of Defendant's acts and/or omissions. 45. Denied. Defendant failed to provide the necessary information to Plaintiff so as to inform and permit him to make the necessary payment. 46. Denied. Any negative effect on Defendant's relationship with the Pennsylvania Public Utilities Commission was the result of Defendant's acts and/or omissions. 3 47. Denied. Plaintiff had authority to conduct all transactions relating to the business. 48. Admitted. By way of further answer, Defendant's failure to transfer and convey assets of the business to Plaintiff violated the agreement between the parties. 49. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as the truth of the averment. 50. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as the truth of the averment. 51. Admitted. COUNTERCLAIM 52. Plaintiff s responses to Paragraphs 23 through 51 are incorporated herein by reference as if fully restated. 53. Averment states a conclusion of law to which no response is required. By way of further answer, for the reasons specified in Plaintiff's Complaint and Petition for Injunction, and in Plaintiff s responses to Paragraphs 23 through 52, it is Defendant who has materially breached the agreement between the parties. 54. Averment states a conclusion of law to which no response is required. By way of further answer, Defendant is not owed any more payments for the purchase of the business. 55. Averment states a conclusion of law to which no response is required. By way of further answer, any fines incurred have been the result of Defendants acts and/or omissions. 56. Denied. Plaintiff has paid all account charges. 57. Admitted in part and denied in part. It is admitted that Plaintiff continues to operate the business without paying compensation to Defendant, as none is owed. It is denied 4 that Plaintiff has failed to pay any debts associated with the business. To the contrary, Plaintiff has paid, and continues to pay, all business obligations on a timely basis. 58. Averment states a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment for Plaintiff and against Defendant, grant Plaintiff the relief requested in his Complaint, and deny Defendant's Counterclaim. Dated: /-/y ~p Respectfully submitted, SCARINGI & SCARINGI, P.C. By ~,,...,G ,~ Laurence C. Kress, Esquire Supreme Court ID No. 93137 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone (717) 657-7770 Facsimile (717) 657-7797 Email laurence(a,scaringilaw.com Attorneys for Antonio Alatorre 5 VERIFICATION I hereby verify that the statements made in the foregoing Reply to New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn statements. ~ ~ Date c-~@~, Antonio Alatorre 6 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Reply to New Matter and Counterclaim has been served via lst class U.S. Mail, postage pre-paid, to: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Date: 1 ~ ~I~ Megan E. Castor, Law Clerk 7 t• . t Mav ~ ~ ,~,~ 3 ANTONIO ALATORRE, 1N THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA c~ cv. v. No. 09-7584 CIVIL TERM - . r FRANK BARBA, Individually :CIVIL ACTION -LAW AND EQUITY and T/D/B/A THE PHONE COMPANY, Defendant. - _- RULE TO SHOW CAUSE AND NOW, this ~? day of ~ , 2010, upon presentation and :~ - ~~ ,', :;:! -mac .' -. __ , :~ = .. , c~ '1 consideration of the within Petition to Withdraw as Counsel, it is hereby ORDERED that a Rule is entered upon Plaintiff Antonio Alatorre and Defendant Frank Barba to show cause why, if any, said Petition should not be granted. Rule returnablea~ days after service. BY T COURT: J. Distribution: ~ Keith E. Kendall, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, Pa 17110 /ith O. Brenneman, Esquire, Snelbaker & Brenneman, P.C, 44 West Main Street , P.O. Box 318, Mechanicsburg, PA 17055 /onio Alatorre, 120 Hickorytown Road, Carlisle, PA 17015 DES m~i~c~ ~7~10 3 AUG 312010 ANTONIO ALATORRE, Plaintiff, v. FRANK BARBA, Individually and T/DB/A THE PHONE COMPANY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV - ~. c- -,, No. 09-7584 CIVIL TERM .~'`',~ ~,- :CIVIL ACTION -LAW AND EQUITY ~~~ - v ~ -~ ~~' ov ORDER AND NOW THIS t dQ~ ~: _ _ _ __, 2010, upon consideration of the Petition for Leave to Withdraw as Counsel, Motion to Make Rule Absolute, and noting that no response or objection was filed by Plaintiff or Defendant to the Petition, it is hereby ORDERED that said Petition is GRANTED. Scaringi & Scaringi, P.C. and Keith E. Kendall, Esquire, are withdrawn as counsel for Plaintiff Antonio Alatorre in the above-captioned matter. B E COURT: J. Distribution: Keith E. Kendall, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, Pa 17110 Keith O. Brenneman, Esquire, Snelbaker & Brenneman, P.C, 44 West Main Street , P.O. Box 318, Mechanicsburg, PA 17055 Antonio Alatorre, 120 Hickorytown Road, Carlisle, PA 17015 1-~ g~~ /~v `~ WD ?C 1 MAR 21 Rr+ 12: '231 ?. UMBERLAND COUNTY ; PENNSYLVANIA Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Frank Barba ANTONIO ALATORRE, Plaintiff V. FRANK BARBA, Individually and T/DB/A THE PHONE COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA x NO. 09-7584 CIVIL TERM CIVIL ACTION - LAW AND EQUITY : JURY TRIAL DEMANDED ORDER AND NOW, this day of M , 2012, upon consideration of Defendant's Motion For Sanctions, it is hereby ORDERED that a hearing be scheduled to take place on the C1 fo? day of A)" , 2012 at It: 00 o'clock 4 M. in Courtroom No. 3 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 4THw J. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Ftr4-L &-ennemA,? z&, An-tnn;o A144vr" &pies waled 3/ t/l c ?Yia I !'- s;: YI %t!', ar.lda ANTONIO ALATORRE, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7584 CIVIL TERM FRANK BARBA, Individually and T/D/B/A THE PHONE COMPANY, CIVIL ACTION - LAW AND EQUITY Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW MOTION FOR SANCTIONS To The Prothonotary: Please withdraw the Motion For Sanctions filed by Defendant in the above matter March 12, 2012. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Frank Barba, individually and t/d/b/a The Phone Company LAW OFFICES Date: April 9, 2012 SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: John J. Mangan, Esquire 17 West South Street Carlisle, PA 17013 By: Date: April 9, 2012 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant LAW OFFICES SNELBAKER & BRENNEMAN, P.C. v? PR_AECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) 20,12 OCT 15 AM 10: 30 TO THE PROTHONOTARY OF CUMBERLAND COUNTY' Jf E L ?, ALL ? ? u F? f '` ?'? Please list the following case: ? for JURY trial at the next term of civil court. ® for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ® Civil Action - Law Antonio Alatorre ? Appeal from arbitration (other) (Plaintiff) VS. The trial list will be called on Frank Barba, and individually and as Trials commence on The Phone Company (Defendant) Pretrials will be held on vs. (Briefs are due S days before preiriah No. 2009-7584 Term Indicate the attorney who will try case for the party who files this praecipe: Keith O. Brenneman for Defendant Indicate trial counsel for other parties if known: John J. Mangan, III for Plaintiff This case is ready for trial. Signed: Print Name: Keith O. Brenneman Date: October 15, 2012 Attorney for: Defendant Frank Barba 0 2_r 'Pot, 44 4, 3-` 4`3 ANTONIO ALATORRE, Plaintiff v. FRANK BARBA, INDIVIDUALLY AND AS THE PHONE COMPANY Defendants ~~ ~~, IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO. 2009-07584 CIVIL TERM IN RE: PRAECIPE FOR LISTING CASE FOR TRIAL ORDER OF COURT AND NOW, this 20th day of November 2012, upon receipt of Plaintiff's Praecipe for Listing Case for Trial, a pretrial conference in the above matter is scheduled for Friday, 4 7anuary 2013, at 11:00 a.m., in Courtroom No. Six, Cumberland County Courthouse, Carlisle, Pennsylvania. Pre-Trial memoranda shall be submitted by counsel in accordance with Cumberland County Rule of Procedure Number 2i2-4, at least five days prior to the pretrial conference. A NON-]URY TRIAL in the above matter is scheduled for Thursday, 24 7anuary 2013, at 9:30 a.m., in Courtroom Number Six, Cumberland County Courthouse, Carlisle, Pennsylvania. BY TH URT, Thoma A Placey, C.P.J. Distribution: / John J. Mangan, Esq. ~, h~ :~,: 17 W. South Street c ~ _; Carlisle, PA 17013 o rna ~ ~_~': /Keith 0. Brenneman, Esq. r~s ~~ c~ o _ r- ~~~ 44 W. Main Street ~~ --+o Mechanicsburg, PA 17055 y~ ~ can; i t/S 1~~~ ~G~ ~~ / a0 /a ~" ~ ~ t Y~ ~.- ~ :. 1...:J i.. OCT I 4 AH 9: F 1:UMbE ' LAki.) Keith O. Brenneman, Esquire PENNSYLV 'III, 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID No. 47077 Attorneys for Defendant Frank Barba ANTONIO ALATORRE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-7584 CIVIL TERM FRANK BARBA, Individually and T/D/B/A THE PHONE COMPANY, : CIVIL ACTION—LAW AND EQUITY Defendant : JURY TRIAL DEMANDED PRAECIPE TO: THE PROTHONOTARY OF SAID COURT: Please reissue the Writ of Execution with respect to the property of Plaintiff Antonio Alatorre. SNELBAKER& BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 LAW OFFICES Attorneys for Defendant Frank Barba SNELBAKER& Date: October 14, 2013 BRENNEMAN, P.C. //' ?dpi' 44 /eV41 9674,3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7584 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FRANK BARBA Defendant(s) From ANTONIO ALATORRE, 120 HICKORY TOWN ROAD,CARLISLE,PA 17015 (1) You are directed to levy upon the property of the plaintiff(s)and to sell ANY AND ALL PERSONAL PROPERTY OF ANTONIO ALATORRE AND ALL PERSONAL PROPERTY OF BLUE RIDGE PHONE COMPANY,FICTITIOUS NAME USED BY ANTONIO ALATORRE,INDIVIDUALLY, LOCATED AT 120 HICKORY TOWN ROAD,CARLISLE, PENNSYLVANIA . (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$154,000.00 L.L. $.50 Interest $615.99(6% FROM 2/13/13) Atty's Comm % Due Prothy$2.25 Atty Paid $74.75 Other Costs Plaintiff Paid Date: MARCH 8,2013 David D. Buell,Prothonotary (Seal) : : �,,,, _ %/ ■-_ --_- Deputy REQUESTING PARTY: Name : KEITH O. BRENNEMAN,ESQUIRE Address: SNELBACKER& BRENNEMAN,P.C. 44 WEST MAIN STREET MECHANICSBURG,PA 17055 Attorney for: DEFENDANT Telephone: 717-697-8528 Supreme Court ID No. 47077 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court Carlisle, Pa. Tt;is___ day of ar,20 I3 4,,,,,,x1 a 71144ig, Prothonotary -4 Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ , . 2g111 APR 14 PM 2: k, �H ERL/\yO��Uy�T --PENNSYLVANIA. Antonio Atatorre (et al.) vs. Frank Barba Case Number 2009-7584 SHERIFF'S RETURN OF SERVICE 03/27/2013 03:02 PM - Valerie Weary, De Sheriff, being duly sworn according to law, states that on March 27, 2013 at 3:02 PM hours, served the requested Wr of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Antonio Alatorre at 120 Hickory Town Road, Middlesex Township, Carlisle, PA 17015. informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and Ietter maded to defendant on 04-01-13. 03/27/2013 03:02 PM - Deputy Valerie Wea being duly sworn according to |ew, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Antonio Allatorre - business owner, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Blue Ridge Phone Company at 120 Hickory Town Road, Middlesex Township, Carlisle, PA 17015, informed person of contents of same and Ievied upon personal property as directed. 04C29V2013 O1:37PK8' Deputy VW||iam Cline, being duly sworn according to Iaw, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 120 Hickory Town Road, Middlesex Township, Carlisle, PA 17015, Cumberland County. 0501/2013 04-30-13 - filed for bankruptcy - Alatorre individually AND d/b/a Blue Ridge Phone Company; docket # 1:13'bh'02311 10/16/2013 03:30 PM - Ryan Burgett, Deputy , being duly sworn according to law, states that on October 16, 2013 at 3:30 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: AntonioAlatona at 120 Hickory Town Rood, Middlesex Township, Codis|e, PA 17015. informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and Ietter mailed to defendant on October 18, 2013. 11/26/2013 Sheriffs sale scheduled for Monday, December 9, 2013 at 3:00 p.m. 11/27/2013 10:46 AM - Deputy Brian Grzyboski, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled octinn, upon the property ocated at 120 Hickory Town Road, Middlesex Township, Carlisle, PA 17015, Cumberland County. 04/14/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED. SHERIFF COST: $17876 SO ANSWERS, April 14, 2014 RONN R ANDERSON, SHERIFF cg . <=2- .c31 , ^- _ ,sv ^ ~~� ��/ 0,0. 36;9-14