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HomeMy WebLinkAbout10-5721?J IL PATRICK MOLLE Plaintiff V. JESSE S. McKEEHAN, IV, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- S-3,1( CIVIL TERM CIVIL ACTION-LAW NOTICE 15i C: You have been sued in court. If you wish to defend against the claims seffilpth following pages, you must take action within twenty (20) days after this complaint a A &i 'e) "LJ x`77 t v .'1-11 irHhe i c&e served, by entering a written appearance personally or by an attorney and filing in wri?ing with the court, your defenses or objections to the claims set forth against you. You are warneld that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY Bt ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY MIER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 o 0 1W33 I PATRICK MOLLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010- CIVIL TERM JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW Defendant. COMPLAINT NOW, comes Plaintiff, Patrick Molle, by and through his attorneys, BARIC SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Patrick Molle, is an adult individual with a mailing address of 901 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Jesse S. McKeehan, IV ("McKeehan") is an adult individual who resides at 530 Bosler Drive, Carlisle, Cumberland County, Pennsylvania 17013 3. On or about March 3, 2005, Patrick Molle loaned the sum of $25,000.00 to McKeehan. 4. In connection with that loan, McKeehan executed and delivered over to Patrick Molle that same day a Note. After a diligent search, Plaintiff has not been able to locate the+original copy of the Note. Plaintiff avers that the Note had the same terms as that document appended hereto as Exhibit "A" which is incorporated herein by reference. 5. The Note required McKeehan to make the following repayments ooh the amount loaned to him by Patrick Molle in monthly payments of $312.50 commencing one (1)fyear after the loan was made or upon the opening of a certain business by McKeehan, whichever first occurred. 6. The business never opened, therefore payments were to commence on ot about March 3, 2006. 7. As of the date of filing ofthis Complaint, McKeehan has failed to make jthe payments due. 8. Demand has been made upon McKeehan to pay the amount due and owing. 9. The Note provided that in the event of default in payment, Patrick Mollelmay declare the entire unpaid balance and all accrued unpaid interest immediately due. 10. The Note provided for the recovery of attorney fees and costs paid by Patrick Molle in connection with the collection of the amount due and owing. COUNT I- BREACH OF CONTRACT PATRICK MOLLE v. JESSE S. MCKEEHAN, IV 11. Plaintiff incorporates by reference paragraphs one through ten as though set forth at length. 12. McKeehan has breached the terms of the Note by failing and refusing to make payment due in accordance with the Note. 13. All conditions precedent to recovery have been fulfilled. 14. Interest on the amount due continues to accrue at the per diem rate of $3.42. Accrued interest to March 10, 2010 of $5,023.94. The principal balance remaining die on the Note is $25,000.00. 15. The Note provides for the recovery of attorney fees incurred by Plaintiff to collect amounts due and owing thereunder. WHEREFORE, Patrick Molle requests that judgment be entered in its favor and against Jesse S. McKeehan, IV in the amount of $30,023.94 plus additional interest accruing to the date of award, plus costs and expenses and attorney fees. Respectfully submitted, BARIC SCHERER 4 1 O/V I - David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my down. I have read the statements; and to the extent that they are based upon information which I hove given to my counsel, they are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Date: _ --?,_-710 Patrick Molle NOTE KNOW ALL MEN BY THESE PRESENTS, that Jesse S. M an, IV, Jesse S. McKeehan, III, and SAQ 0*A AcAaWAM of 53 Bosler Drive, Carlisle, Cumberland County, Pennsylvania, ("Obligors') held and firmly ba nd unto Trust of Gregory George Molle, the Trustee of which is Mary Adams, of 901 Hillsi Drive, Carlisle, Cumberland County, Pennsylvania ("Obligees") in the sum of twenty-five it ka sand dollars ($25,000.00), lawful money of the United States of America, to be paid to it,y aid Obligees, their executors, administrators, heirs or assigns to which payment well andly to be made, Obligors do bind themselves, their heirs, executors, administrators, or ai f , and any of them, firmly by these presents. Sealed with their seals. Dated this 22" of Nov ember, 2004. THE CONDITION OF THIS OBLIGATION IS SUCH, that the Obligors, their heirs, executors, administrators or assigns, or any of them, shall pay, or case to be paid unto the said Obligees, their heirs, executors, administrators or assigns, the sung of twenty-five thousand dollars ($25,000.00), lawful money of the United States no later than ten years, together with interest on the unpaid balance from the date hereof at the rat of fire percent per annum, payable in monthly installments in the amount of three hundred twO ve dollars and fifty cents ($312.50) which said monthly installments shall first be applied on a unt of interest on the unpaid balance and the remainder of said payment shall be applied to 0 'ncipal; payment in said monthly amounts as set forth shall be made commencing February, 2005, and shall be made until the principal sum with interest aforesaid has been paid in full' but no later than February 1, 2015, without any fraud or further delay. AND Obligors may prepay said amount at any time without pe 6alty. AND the further condition of the obligation is that in the event ny payment is received by the Obligee more than ten (10) days after the due date then a I to payment charge of ten dollars ($10.00) per day shall be added until paid by Obligors' o Obligees. AND the further condition of this objection is such, that if at ar be made in the payment of the principal debt or any installment thereof or it thereto as aforesaid, for the space of fifteen (15) days after any payment th or if a breach of any other of the foregoing conditions be made by the said 1 heirs, executors, administrators or assigns, and provided a written notice of to Obligors at 530 Bosler Drive, Carlisle, Pennsylvania and said default is n fifteen (15) days from the date of the notice of default, then and in such cas sum shall, at the option of the said Obligees, their heirs, executors, adminis become immediately due and the payment of the same, with interest and cc due thereon, and additions as aforesaid, together with attorney's fees and c be enforced and recovered at once, anything herein contained to the contra anywise notwithstanding. And further, the Obligors do hereby empower anj time default shall serest, or additions reof shall fall due, bligors, their lefault is provided t cured within the said principal ,atom or assigns, >ts of insurance Ists of suit, may y thereof in attorney of any EXHIBIT "A" court of record of the Commonwealth of Pennsylvania to appear for them declaration filed in their names, to confess a judgment or judgments in fai mentioned Obligees, their heirs, executors, administrators, or assigns, an the penal sum of twenty-five thousand dollars and zero cents ($25,000.00 charges and attorney's fees as aforesaid; on which judgment or judgment executions may issue forthwith upon failure to comply with any of the tent this bond or said mortgage. The undersigned hereby forever waives and said proceedings, waives stay of execution, the right of inquisition and ext payment, agrees to condemnation of any property levied upon by virtue of and waives all exemptions from levy and sale of any property that is or he exempted by low. NO SINGLE EXERCISE OF THE FOREGOING POWE JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER WHETHE SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VAUD, VOI BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE TIME TO TIME AS OFTEN AS THE OBLIGEE HEREOF SHALL ELECT, AS THE OBLIGEE HEREOF SHALL HAVE RECEIVED PAYMENT IN FU AMOUNTS OWING HEREUNDER, TOGETHER WITH COSTS. WAIVER nd with or without a )r of the above- against them for with costs of suit, one or more and conditions of Teases all errors in nsion of time of my such execution, iafter may be TO CONFESS t OR NOT ANY ABLE, OR VOID, :XERCISEO FROM NTIL SUCH TIME _ OF ALL IN EXECUTING THIS NOTE, WE UNDERSTAND THE TRA SACTION, AND KNOWINGLY AND VOLUNTARILY WAIVE OUR RIGHT TO CONTEST E ENTRY OF THIS JUDGMENT AGAINST US IN COURT AND DO HEREBY CONSENT TO THE ENTRY OF THE JUDGMENT BY CONFESSION. WE, HEREBY CERTIFY THAT E HAVE EARNINGS OF $10,000.00 OR MORE PER YEAR. Each Obligor is fully and personally obligated to pay the full ount owned and to keep all of the promises made in the Bond_ The Obligee may enforce ;1t*n ght s under this Bond against each Obligor or against all Obligors. Each Obligor may be aired t0 pay all of the amounts due under this Bond. Upon receipt of payment in full by Obrs as above described, the obligations created herein will g6ase. Signed. Sealed and Delivered in the Presence of s. Al S S. McKEEHAN, IV 01AL I/ 0 a m- Mcre?eaan SEAL) SEAL) SEAL) Date: Witness bys a son,~ Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?6?>tit? of ?unybr?,f?fi? z>; OFV,CE TIP, ??LRI € 3• v Patrick J. Molle Case Number vs. Jesse S. McKeehan, IV 2010-5721 SHERIFF'S RETURN OF SERVICE 09/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jessse S. McKeehan IV, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Jesse S. McKeehan IV. Deputies were advised, Jesse S. McKeehan is deceased. SHERIFF COST: $33.84 SO ANSWERS, - 1?z September 23, 2010 R ON R ANDERSON, SHERIFF ;cj CountySuite Sheriff. 'ieleo=oft . Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~~cp of ~~c~>~~i~,~~~~ ~ ~ :. ~.1 ~.~` ~~-: ~~.~ l~-[~i ~~C~ ~~' i `~~ ' ~; ~ ~~~~Q~AP'~•. 2Di~ Q~~~ -~~ ~ 9~ 51 Richard W Stewart Solicitor f~li# ~~~~E_~~I`~t~ COU~~ ~ ~` i~ ~,<'+ ~,ti,~ Patrick J. MoHe vs. Case Number Jesse S. McKeehan, IV 2010-5721 SHERIFF'S RETURN OF SERVIGE AMENDED 09/30/2010 09:28 AM -William Cline, Corporal, who being duly sworn according to law, states that on September 30, 2010 at 0928 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jesse S. McKeehan IV, by making known unto Sandy McKeehan, Mother of defendant at 530 Bosler Drive, Carlisle, Cumberland County, Pennsylvania 17013 its Conte is and at the same time handing to her personally the said true and correct copy of the same. ILLIAM CLINE, DEPUTY SHERIFF COST: $33.84 October 01, 2010 SO ANSWERS, .~ . "~-~ RON R ANDERSON, SHERIFF ?cj Cou+~tySuito St?t;riff. Teleosoft. btC. PATRICK NOLLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-5721 Civil TERM ~---, . ~ -~ JESSE S. McKEEHAN, IV, Civil Action - Law r? -~ Defendant ~ ~ ~ _ ~ -~ ~y ~ ,.k _... ; a~ ~~~ ANSWER WITH NEW MATTER ,....- ~°-='-r; AND NOW comes defendant, Jesse S. McKeehan IV, by his--~ `~" ~<: attorney, Kent H. Patterson, and files this answer to plaintiff's complaint as follows: 1. Admitted. 2. Admitted. 3. It is denied that defendant loaned plaintiff the sum of $25,000.00 on or about March 3, 2005. 4. It is denied that defendant executed and delivered to Patrick Nolle a note similar to the note appended to plaintiff's complaint as Exhibit A or any note for any loan as alleged in paragraph 3 of plaintiff's complaint. 5. It is denied that defendant executed or delivered any note to plaintiff as alleged in paragraphs 4 and 5 of plaintiff's complaint. 6. It is denied that defendant was obligated to make any payments to plaintiff on or about March 3, 2006 as a result of any business not opening or otherwise. 7. It is denied that defendant was obligated to make the payments alleged in paragraphs 5 and 6 of plaintiff's complaint. 8. It is denied that plaintiff has made any demand for payment prior to the filing of his complaint. 9. It is denied that defendant executed and delivered any note to plaintiff as alleged in plaintiff's complaint which provides for the immediate payment of the unpaid principal and accrued interest upon default. It is denied that defendant owes the plaintiff the monies alleged by plaintiff. 10. It is denied that defendant executed and delivered any note to plaintiff as alleged in plaintiff's complaint which provides for the recovery of attorneys fees. It is denied that defendant owes plaintiff any recovery or money for attorneys fees. COUNT I- Breach of Contract 11. Defendant incorporates reference paragraphs 1 through 10 of plaintiff's answer. 12. It is denied that defendant executed and delivered any note to plaintiff as alleged in plaintiff's complaint and that defendant breached the terms of any note as alleged. 13. It is denied that any conditions precedent to recovery by plaintiff against defendant have been fulfilled. 14. It is denied defendant executed and delivered any note to plaintiff as alleged in plaintiff's complaint, that interest has accrued in the amount alleged and that plaintiff owes defendant any interest. 15. It is denied that defendant executed and delivered any note to plaintiff as alleged in plaintiff's complaint which provides for the recovery of attorneys fee for plaintiff to - 2 - collect any amounts due and owing. It is denied that defendant owes plaintiff any recovery or money for attorney fees. NEW MATTER 16. Any loan made by plaintiff concerning any business in which defendant was involved was made to a corporation of which defendant was a shareholder along with other persons and for which defendant was not personally liable. 17. Plaintiff's cause of action is barred by the 4 year statute of limitations, 42 Pa.C.S 5525, and any other applicable statute of limitations. 18. Plaintiff's complaint fails to state a claim upon which relief can be granted. 19. Plaintiff's claims are barred by the Doctrine of Estoppel. 20. Plaintiff's claims are barred by the Doctrine of Laches. WHEREFORE, Defendant requests the court to dismiss plaintiff's complaint. Respectfully submitted, ~~v`~ Kent H. Patterson Attorney for Defendant 221 Pine Street Harrisburg, PA 17101 (717)238-4100 - 3 - VERIFICATION I, Jesse S. McKeehan IV, verify that the statements in the within foregoing answer for custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsificat Date : ~ j ~~ ~~ O PATRICK MOLLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2010-5721 CIVIL TERM JESSE S. MCkEEHAN, IV Civil Action - Law Defendant CERTIFICATE OF SERVICE AND NOW, this ~'~`~ day of ~0-y~¢~.v~,blJ;-2010 I, Kent H. Patterson, hereby certify that I this day served the within defendant's answer with new matter to plaintiff's complaint by depositing a copy of it in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for plaintiff as follows: David A. Baric, Esquire BARK SCHERER 19 West South Street Carlisle, PA 17013 ~~ ~!r ent H. Patterson Attorney for Defendant 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 f PATRICK MOLLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010- 5721 CIVIL TERM JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW =~~~ Defendant. .t' 4;y ,~-r; c.~:+ `=' KEG- T` _ F.- . , PRAECIPE TO ENTER DEFAULT JUDGMENT '~' ~'-:~~ ~ ~_~ -T~ PURSUANT TO Pa.R.C.P. 1037 ~` ~ c.~a ~?~ : . _... %, ti ~ TO THE PROTHONOTARY: ~`'' ~ :~ Please enter judgment in favor of the Plaintiff, Patrick Molle and against the Defendant, Jesse S. McKeehan, IV, for failure to file an answer to the Complaint of Plaintiff. A true and correct copy of the Notice of Default is appended hereto as Exhibit "A." A true and correct copy of the Certificate of Mailing for the Notice of Default is appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $30,023.94 as set forth in the Complaint together interest of $803.70 to October 31, 2010 with a per diem of $3.42, attorney fees of $726.96, for a total of $31,554.60. Respectfully submitted, ARIC S ERER J David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ~y °e~ a~ c~'"~` ~.~a~y,~~ e~ cam a~'~~ v~ CERTIFICATE OF SERVICE I hereby certify that on November 1, 2010, I, David A. Baric, Esquire, of Baric Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jesse S. McKeehan, IV 530 Bosler Drive Carlisle, Pennsylvania 17013 David A. Baric, Esquire j f PATRICK MOLLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. N0. 2010- 5721 CIVIL TERM JESSE S. McKEEHAN, IV, CNIL ACTION-LAW Defendant. TO: Jesse S. McKeehan, IV 530 Bosler Drive Carlisle, Pennsylvania 17013 Date of Notice: October 20, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BARK SC ERER ./ J David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 Exhibit ".~" ua~vsrnrES ~'• Certificate Of 11Aailini Thy Cerhhcate of Maihn provides evidence Nat mail hes Daen presentedto USPS® for mailinj c N This form be used. for domestic endLin'te~mationelmad. From: aYIG S~~X~/f ~ ~ I q I~Es Sou S ~ M Carl~sli:, I'H I~Of3 ~o To: J~sss, S, Ir-1~Kti~han ~ N~ cn~"-+ 3 -rZf• ,530 I~osltir Dnv~ ~- c°~o~~~~ Carlisle , PA I~nl3 ~c.r~ o'`°v~D D (,7 m PS Form 3817, Apf'il 2007 PSN 7530-02-000-.9065 Exhibit "B" PATRICK MOLLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010- 5721 CIVIL TERM JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW Defendant. NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Jesse S. McKeehan, IV 530 Bosler Drive Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. Prothon tary Date: PATRICK MOLLE. Plaintiff V. JESSE S. McKEEHAN, IV, Defendant: PETITION TO STRIKE AND/OR OPEN DEFAULT JUDGMENT AND NOW comes petitioner/defendant, Jesse S. McKeehan IV, by his attorney, Kent H. Patterson, and files this petition to strike and/or open default judgment:, as follows: 1. Petitioner is Defendant Jesse S. McKeehan IV who resides at 530 Bosler Drive, Borough of Carlisle, Cumberland County, Pennsylvania (Carlisle, PA 17013). 2. Respondent is Plaintiff Patrick Molle who resides at- 901 Hillside Drive, Borough of Carlisle, Cumberland County, Pennsylvania (Carlisle, PA 17013). 3. Plaintiff commenced the within civil action by filing a complaint against defendant on September 3, 2010 which was served on'defendant by the Sheriff of Cumberland County on September 30, 2010 by handing a copy to defendant's mother at defendant"s residence. 4. On or about October 20, 2010, plaintiff's attorney mailed to defendant: a 10 day notice of intention to file a praecipe.for default judgment pursuant to Pa.R.C.P 237.1. 5. Under the terms of the notice and Rules 237.1(2) and 106, the 'last day of the 10 day period would have been Monday, November 1, 2010 since the Saturday and Sunday, October 29 and 30, would have been omitted from the computation of the 10 day period of, time. 6. On November 2, 2010, at 8:26 a.m., defendant filed an answer with new matter to plaintiff's complaint and a certificate of service certifying that a copy of the answer was being mailed to defendant that day. 7. Unknown to defendant at the time, on November 1, 2010 at 3:35 pm., prior to the expiration of the 10 day period, plaintiff had filed a praecipe requesting that the prothonotary enter a default judqment against defendant for defendant's :failure to answer plaintiff's complaint, in the total amount of $31,554.60 ($30,023.94 as requested in the complaint together with $803.70 interest to October 31, 2010 with per diem of $3.42 and attorney's fees of $726.96). - 2 - 8. At the time defendant's attorney filed defendant's answer, the filing of the praecipe to enter default judgment and the entry of the default judgment did not appear on the docket. 9. The electronic file at the Prothonotary's Office contains a notice of the entry of the default judgmentsigned by the prothonotary and directed to defendant which is undated and not time stamped. 10. The electronic docket at the Prothonotary's Office indicates that default judgment was entered on November 1, 2010. 11. Defendant learned of the entry of the default judgment from plaintiff's attorney who contacted defendant's attorney after he received a copy of defendant's answer. MOTION TO STRIKE JUDGEMENT 12. Paragraphs 1 through 11 are incorporated by reference. 13. The judgment against defendant should be stricken because the filing of the praecipe for default judgment by plaintiff and the entry of the judgment against defendant by the prothonotary were premature and in violation of Rule 237. 1 (a) (2) (ii) . 14. Rule 237.1 (a)(2)(ii) provides that a praecipe to take default judgment shall not be filed and a default judgment shall not be entered unless the praecipe includes a certification that - 3 - a written notice of intention to file the praecipe was mailed or delivered at least 10 days prior to the date of the filing of the praecipe. 15. No certification of mailing or delivery of the 10 day notice was filed by plaintiff but a United States Postal Service Form 3817 was filed showing a mailing on October 20, 2010 from plaintiff's attorney to defendant. 16., Under Rule 237.1 (a)(2) and 106, the 10 day period in this case extended to and did not expire until after Monday, November 1, 2010 since, in computing the 10 day period, the first daylis excluded and Saturday, October 30, 2010 and Sunday, October 31, 2010 are excluded from the computation. 17. ,The filing of the PraeciPa for judgment by plaintiff and the entry of the judgment by the Prothonotary were done prior to the expiration of the 10 day period. WHEREFORE, defendant requests your honorable court to strike the judgment which was entered against defendant. PETITON TO OPEN JUDGMENT 18. Paragraphs 1 through 17 are incorporated by reference. 19. Defendant was unable to file his answer until one day after the expiration of the 10 day period because he did not receive the notice sent by plaintiff's attorney until Friday, - 4 - October 29, 2010 and was unable to meet with his attorney until Monday, kovember 1, 2010. 20. Defendant has submitted his petition to strike and/or open the default judgment in a timely manner and within 10 days of the entry of the judgment which, under Pa.R.C.P 237.3(b), requires the court to open the judgment if the proposed answer states a meritorious defense. 21. Defendant has meritorious defenses to plaintiff's complaint, some of which are summarized has follows: A. Defendant did not individually borrow any money from plaintiff and did not sign any judgment note. B. Any loan made by plaintiff concerning any business in which defendant was involved was made to a corporation ,and not to defendant. C. Plaintiff's cause of action is barred by the statute of limitations. 21. Attached to this petition and marked Exhibit A is the answer which defendant has already filed. - 5 - VERIFICATION I, Jesse S. McKeehan IV, verify that the statements in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 8-16- to PATRICK NOLLE, Plaintiff V. JESSE S. McKEEHAN, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-5721 Civil Tiim '- Civil Action - Law^ ANSWER WITH NEW MATTER AND NOW comes defendant, Jesse S. McKeehan IV, by his attorney, Kent H. Patterson, and files this answer to plaintiff's complaint as follows: 1. Admitted. 2. Admitted. 3. It is denied that defendant loaned plaintiff the sum of $25,000.00 on or about March 3, 2005. 4. It is denied that defendant executed and delivered to ;Patrick Nolle a note similar to the note appended to plaintiff's complaint as Exhibit A or any note for any loan as alleged in paragraph '3 of plaintiff's complaint. 5. It is denied that defendant executed or delivered any note to plaintiff as alleged in paragraphs 4 and 5 of plaintiff's complaint; 6. It is denied that defendant was obligated to make any payments to plaintiff on or about Marcia 3, 2006 as a result of any business not opening or otherwise. 7. It is denied that defendant was obligated to make the payments alleged in paragraphs 5 and 6 of plaintiff's complaint. 8. It is denied that plaintiff has made any demand for payment prior to the filing of his complaint. 9. It is denied that defendant executed and delivered any note to plaintiff as alleged in plaintiff's complaint which provides for the immediate payment of the unpaid principal and accrued interest upon default. It is denied that defendant owes the plaintiff the :monies alleged by plaintiff. 10. It is denied that defendant executed and delivered any note to plaintiff as alleged in plaintiff's complaint which provides for the recovery of attorneys fees. It is denied that defendant owes plaintiff any recovery or money for attorneys fees. COUNT I- Breach of Contract 11. Defendant incorporates reference paragraphs l through 10 of plaintiff's answer. 12. It is denied that defendant executed and delivered any note to plaintiff as alleged in plaintiff's complaint and that defendant breached the terms of any note as alleged. 13. It is denied that any conditions precedent to recovery by plaintiff against defendant have been fulfilled. 14. It is denied defendant executed and delivered any note to plaintiff as alleged in plaintiff's complaint, that interest has accrued in the amount alleged and that plaintiff owes defendant any interest. 15. It is denied that defendant executed and delivered any note to plaintiff as alleged in plaintiff's complaint which provides for the recovery of attorneys fee for plaintiff to 2 - collect any amounts due and owing. It is denied that defendant owes plaintiff any recovery or money for attorney fees. NEW MATTER 16. Any loan made by plaintiff concerning any business in which defendant was involved was made to a corporation of which defendant was a shareholder along with other persons and for which defendant was not personally liable. 17. Plaintiff's cause of action is barred by the 4 year statute of limitations, 42 Pa.C.S 5525, and any other applicable statute of limitations. 18. Plaintiff's complaint fails to state a claim upon which relief can be granted. 19. Plaintiff's claims are barred by the Doctrine of Estoppel.' 20. Plaintiff's claims are barred by the Doctrine of Laches. WHEREFORE, Defendant requests the court to dismiss plaintiff's complaint Respectfully submitted, Kent H. Patterson Attorney for Defendant 221 Pine Street Harrisburg, PA 17101 (717)238-4100 3 _ VERIFICATION 1, Jesse S. McKeehan IV, verify that the statements in the within foregoing answer for custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsificat' :Date - ,-? C? PATRICK MOLLS, Plaintiff V. JESSE S.,MCkEEHAN, IV Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-5721 CIVIL TERM Civil Action - Law CERTIFICATE OF SERVICE AND NOW, this?;r`= day ofr-A.v?t?; 2010 I, Kent H. Patterson, hereby certify that I this day served the within defendant's answer with new matter to plaintiff's complaint by depositing a copy of it in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for plaintiff as follows: David A. Baric, Esquire BARIC SCHERER 19 West South Street Carlisle, PA 17013 /4? ?-' - / //P4 M z:: ! - Kent H. Patterson Attorney for Defendant 221 Pine Street Harrisburg, PA 17103 (717) 238-4100 PATRICK MOLLE, Plaintiff V. JESSE S. MCkEEHAN, IV Defendant: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-5721 CIVIL TERM Civil Action - Law CERTIFICATE OF SERVICE AND NOW, this 1d "may of 2010 I, Kent H. Patterson, hereby certify that I this day served the within petition by depositing a copy of it in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for plaintiff as follows: David A. Baric, Esquire BARIC SCHERER 19 West South Street Carlisle, PA 17013 Kent H. Patterson Attorney for Defendant 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 PATRICK MOLLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010- 5721 CIVIL TERM - _- JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW 4 u Defendant. PRAECIPE TO VACATE TO THE PROTHONOTARY: Kindly mark the judgment entered in the above matter on November 1, 2010 as vacated without prejudice. Respectfully submitted, BARIC SCHERER , t Date: November 9, 2010 David A. Baric, Esquire I.D. 4 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff P O?fac '_#7 dab.dir/litigation/molle-patrick/vacatej udgment.pra 4! CERTIFICATE OF SERVICE I hereby certify that on November 10, 2010, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Praecipe To Vacate, by first class U.S. mail, postage prepaid, to the party fisted below, as follows: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 David A. Baric, Esquire PATRICK MOLLE, Plaintiff V. JESSE S. McKEEHAN, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 10-5721 CIVIL TERM IN RE: DEFENDANT'S PETITION TO STRIKE AND/OR OPEN DEFAULT JUDGMENT ORDER OF COURT AND NOW, this 16th day of November, 2010, upon consideration of Defendant's Petition To Strike and/or Open Default Judgment, it is ordered that: 1. A Rule is issued upon Plaintiff to show cause why Defendant is not entitled to the relief requested; 2. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Monday, February 14, 2010, at 11:15 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. BY THE COURT, ,David A. Baric, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff JI/Wesley Oler,,dj., J. rn ? rn =::u -? -u r B -CD J rn CO Co =c:) )> C-) a CD-n = a ?y'C N O?? 0 ent H. Patterson, Esq. 221 Pine Street Harrisburg, PA 17101 Attorney for Defendant PATRICK MOLLE, Plaintiff V. JESSE S. MCKEEHAN, IV, Defendant NOW, this t l 'n day of STIPULATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA) NO. 2010-5721 Civil ? W ?r- • Civil Action - Law} Fe /iu? , 2011, it is stipulated by David A. Baric, Attorney for Plaintiff, and Kent H. Patterson, Attorney for Defendant, that the default judgment which was entered by plaintiff against defendant on November 1, 2010 shall be vacated and stricken, without prejudice. ? 4 u David A. Baric, Attorney for Plaintiff Kent H. Patterson, Attorney for Defendant PATRICK MOLLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN IA V. NO. 2010-5721 Civil JESSE S. McKEEHAN, IV, '73 Defendant Civil Action - LawY"? IN RE: DEFENDANT'S PETITION TO STRIKE AND/OR -%% Ln ? OPEN DEFAULT JUDGMENT v ` ORDER OF COURT tv , AND NOW, this IS day of 2011 u on , p consideration of the stipulation of counsel for the parties, it is ordered that the default judgment which was entered by plaintiff against defendant on November 1, 2010 is vacated and stricken, without prejudice. The argument on defendant's petition to strike and/or open default judgment which was scheduled for Monday, February 14, 2011, at 11:15 a.m., is cancelled. BY THE COURT: Distribution: ?David A. Baric, Attorney for Plaintiff 19 West South Street, Carlisle, PA 17103 (717)249-6873 Kent H. Patterson, Attorney for Defendant 221 Pine Street, Harrisburg, PA 17101 (717)238-4100 00p, S D? V ? . PATRICK MOLLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010- 5721 CIVIL TERM c a _ JESSE S. McKEEHAN, IV, rn CIVIL ACTION-LAW z; ?c Defendant. N) r_ X -v MOTION TO COMPEL > C_- w -? c-a NOW, comes Plaintiff, Patrick Molle, by and through his attorney, David A. B c, cn Esquire of BARIC SCHERER, and files within Motion to Compel and, in support thereof, sets forth the following: rn? -ern srn (D rte, 1. On or about January 12, 2011, Plaintiff served a First Request For Production Of Documents and Things Of Plaintiff, Patrick Molle Propounded Upon Defendant, Jesse S. McKeehan, IV upon counsel for Defendant. A true and correct copy of Plaintiffs Request For Production Of Documents is attached hereto as Exhibit "A" and is incorporated. 2. By correspondence dated March 16, 2011, counsel for Plaintiff reminded counsel for Defendant that responses were past due. A true and correct copy of this correspondence is attached as Exhibit "B." 3. To date, Plaintiff has received no response to the Request for Production of Documents. 4. The Honorable J. Wesley Oler, Jr. has previously ruled in this case. WHEREFORE, Plaintiff requests that Defendant, Jesse S. McKeehan, IV be ordered and directed to produce the documents requested to Plaintiff within thirty (30) days of said order. Respectfully submitted, BARIC SCHERER David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on March 2R , 2011, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Motion To Compel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Kent Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 David A. Baric, Esquire r PATRICK MOLLE Plaintiff V. JESSE S. McKEEHAN, IV, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 5721 CIVIL TERM CIVIL ACTION-LAW FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS OF PLAINTIFF. PATRICK MOLLE PROPOUNDED UPON DEFENDANT JESSE S. MCKEEHAN IV AND NOW, comes the Plaintiff, Patrick Molle, and files the following Request of Documents and Things to be answered by the above named defendant under oath with thirty (30) days from the date of service hereof. This Request for Documents and Things is continuing and any additional information which becomes known to the parry or party's counsel after answers are filed shall be set forth in supplementary answers which are to be filed, without demand by the defendants' attorneys, as soon as the additional information is known. INSTRUCTIONS If you object to the production of documents on the grounds that the attorney-client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the documents; (d) Identify each person who received it; (e) Identify each person from whom the documents were received; Exhibit "A" (f) State the present location of the document and all copies thereof, (g) Identify each person who has ever had possession, custody or control of it or copy thereof, and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. DOCUMENTS REQUESTED 1. All records of any type for an entity known as "The Milton Group" 2. Account statements and records for any checking, savings or other bank accounts for "The Milton Group" 3. Any records which reflect, refer or relate to the disbursement or expenditure of the $25,000.00 paid by Plaintiff to "The Milton Group" 4. All records of the "corporation" you reference at paragraph 16 of your New Matter 5. All documents you intend to introduce or rely upon at the trial of this matter Respectfully submitted, BARIC SCHERER i David A. Baric, Esquire I.D. # 44853 - 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on January IA , 2011, I, David A. Baric, Esquire, of Baric Scherer, did serve a copy of the First Request For Production of Documents and Things Of Plaintiff, Patrick Molle Propounded Upon Defendant, Jesse S. McKeehan, IV, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 I Y David A. Baric, Esquire Baiuc Attorneys-at-Law SCHERER David A. Baric Michael A. Scherer Tricia D. Naylor Bret P. Shaffer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 - Fax dbaric@baricscherer.com March 16, 2011 Kent Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 RE: Patrick Molle v. Jesse S. McKeehan, IV Dear Mr. Patterson: It has now been approximately two (2) months since we forwarded to your office a Request for Production of Documents in the above matter. Please advise me when the documents will be produced. Absent production of the requested records on or before March 21, 2011, we will be filing a motion to compel production. Thank you for your attention to this matter. Very truly yours, DAB J 1 cc: Patrick Molle File d a b. dir/litigation/m olie-patrick/patterson2.ltr BARIC SCHERE 0, , ?O '/' David A. Baric, Esquire Exhltffi}t "B" PATRICK MOLLE IN THE COURT OF COMMON PLEAS OF r_? Plaintiff CUMBERLAND COUNTY, PENNSYLVAN I,w w• -v V. NO. 2010- 5721 CIVIL TERM cif' - JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW CD ij Defendant =CD c W F11 . -c v-, MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Plaintiff, Patrick Molle, by and through his attorneys, Baric Scherer, and files the within Motion to Make Rule Absolute and, in support thereof, sets forth the following: 1. Plaintiff filed a Motion To Compel in this matter on March 28, 2011, a true and correct copy of said Motion is attached hereto as Exhibit "A" and is incorporated. 2. By Rule dated March 30, 2011, the Honorable J. Wesley Oler, Jr., directed the Defendant, to show cause why the Motion should not be granted within fourteen (14) days of service. A true and correct copy of the Rule is attached hereto as Exhibit "B" and is incorporated. 3. To April 18, 2011, no answer has been filed by the Defendant. WHEREFORE, Plaintiff requests that the rule be made absolute and that the Defendant be ordered to produce complete responses to the Request For Production Of Documents within fifteen (15) days of the date of this Order. Respectfully submitted, 4 C SCHE R David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff PATRICK MOLLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. N0.2010- 5721 CIVIL TERM Cl) CZ4 JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW r Defendant. --o n -a r- N 00 Zd MOTION TO COMPEL C4 oM NOW, comes Plaintiff, Patrick Molle, by and through his attorney, David A. BkAc, CZ) Esquire of BARIC SCHERER, and files within Motion to Compel and, in support thereof, sets forth the following: 1. On or about January 12, 2011, Plaintiff served a First Request For Production Of Documents and Things Of Plaintiff, Patrick Molle Propounded Upon Defendant, Jesse S. McKeehan, IV upon counsel for Defendant. A true and correct copy of Plaintiffs Request For Production Of Documents is attached hereto as Exhibit "A" and is incorporated. 2. By correspondence dated March 16, 2011, counsel for Plaintiff reminded counsel for Defendant that responses were past due. A true and correct copy of this correspondence is attached as Exhibit "B." 3. To date, Plaintiff has received no response to the Request for Production of Documents. 4. The Honorable J. Wesley Oler, Jr. has previously ruled in this case. EXHIBIT "A" WHEREFORE, Plaintiff requests that Defendant, Jesse S. McKeehan, IV be ordered and directed to produce the documents requested to Plaintiff within thirty (30) days of said order. Respectfully submitted, BARIC SCHERER David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on March 29 , 2011, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Motion To Compel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Kent Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 David A. Baric, Esquire PATRICK MOLLS Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 5721 CIVIL TERM JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW Defendant. FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS OF PLAINTIFF, PATRICK MOLLE PROPOUNDED UPON DEFENDANT, JESSE S. McKEEHAN, IV AND NOW, comes the Plaintiff, Patrick Molle, and files the following Request of Documents and Things to be answered by the above named defendant under oath with thirty (30) days from the date of service hereof. This Request for Documents and Things is continuing and any additional information which becomes known to the parry or party's counsel after answers are filed shall be set forth in supplementary answers which are to be filed, without demand by the defendants' attorneys, as soon as the additional information is known. INSTRUCTIONS If you object to the production of documents on the grounds that the attorney-client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the documents; (d) Identify each person who received it; (e) Identify each person from whom the documents were received; Exhibit "A" (f) State the present location of the document and all copies thereof, (g) Identify each person who has ever had possession, custody or control of it or copy thereof, and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. DOCUMENTS REQUESTED 1. All records of any type for an entity known as "The Milton Group" 2. Account statements and records for any checking, savings or other bank accounts for "The Milton Group" 3. Any records which reflect, refer or relate to the disbursement or expenditure of the $25,000.00 paid by Plaintiff to "The Milton Group" 4. All records of the "corporation" you reference at paragraph 16 of your New Matter 5. All documents you intend to introduce or rely upon at the trial of this matter Respectfully submitted, BARIC SCHERER 6 k Z, David A. Baric, Esquire _ I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on January IA , 2011, I, David A. Baric, Esquire, of Baric Scherer, did serve a copy of the First Request For Production of Documents and Things Of Plaintiff, Patrick Molle Propounded Upon Defendant, Jesse S. McKeehan, IV, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 David A. Baric, Esquire 19 West South Street BARIC Carlisle, Pennsylvania 17013 (717) 249-6873 Attorneys-at-Law (717) 249-5755 - Fax dbaric@baricscherer.com SCHERER David A. Baric Michael A. Scherer ----- ........... Tricia D. Naylor Bret P. Shaffer March 16, 2011 Kent Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 RE: Patrick Molle v. Jesse S. McKeehan, IV Dear Mr. Patterson: It has now been approximately two (2) months since we forwarded to your office a Request for Production of Documents in the above matter. Please advise me when the documents will be produced. Absent production of the requested records on or before March 21, 2011, we will be filing a motion to compel production. Thank you for your attention to this matter. Very truly yours, BARIC SCHERE O?4 '/' David A. Baric, Esquire DAB/j1 cc: Patrick Molle File dab. dir/litigation/molle-patrick/patterson2.ltr Exhlb-It "B" PATRICK MOLLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JESSE S. McKEEHAN, IV, Defendant NO. 10-5721 CIVIL TERM PLAINTIFF'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 30th day of March, 2011, upon consideration of Plaintiff's Motion To Compel, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, Da v' A. Baric, Esq. West South Street Carlisle, PA 17013 Attorney for Plaintiff Kent Patterson, Esq. 221 Pine Street Harrisburg, PA 17101 Attorney for Defendant rc Wesley ler, Jr., J. EXHIBIT "B" OVA u.? CERTIFICATE OF SERVICE I hereby certify that on April / , 2011, 1, David A. Baric, Esquire of Baric Scherer, did serve a copy of Motion To Make Rule Absolute, by first class U. S. mail, postage prepaid, to the party listed below, as follows: Kent H. Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 David A. Baric, Esquire 1 PATRICK MOLLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010- 5721 CIVIL TERM JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW Defendant. ORDER OF COURT AND NOW, this S day of A0 r I. L_, 2011, upon review of the attached Motion To Make Rule Absolute, it is hereby ordered that the Defendant be ordered to ?z o produce complete responses to the Request For Production Of Documents within frfteen-(iSj days of the date of this Order 1 7 a rn -0 _ o ?. :ate 9+fy ?i. ?ae.? BY THE COURT, PATRICK MOLLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA r.a -TI v CIVIL ACTION - LAW c _- w W M c._ JESSE S. McKEEHAN, IV, ? p ` Defendant NO. 10-5721 CIVIL TERM ca ; 3 r IN RE: PLAINTIFF'S MOTION FOR SANCTIONS . `' ORDER OF COURT AND NOW, this 21st day of June, 2011, upon consideration of Plaintiff's Motion for Sanctions in the above-captioned case, and following a proceeding at which Plaintiff was represented by Tricia D. Naylor, Esquire, and Defendant was represented by Kent Patterson, Esquire, it is ordered and directed as follows: 1. The Plaintiff's motion is granted to the extent that Defendant is precluded from utilizing in defense of this case at trial any of the documents requested by Plaintiff in Plaintiff's "First Request for Production of Documents and Things of Plaintiff, Patrick Molle, Propounded Upon Defendant Jesse S. McKeehan, IV"; and 2. Attorneys fees in the amount of $866.25 are awarded to Plaintiff with respect to the Motion for Sanctions from Defendant, said sum to be paid within 60 days of today's date. By the Court, r sley Oler, Jr., J. Tricia D. Naylor, Esquire Kent Patterson, Esquire 19 West South Street 221 Pine Street Carlisle, PA 17013 ?oP' 1 a4l`f Harrisburg, PA 17101 For Plaintiff 00 For Defendant :mae PATRICK MOLLE, Plaintiff V. JESSE S. McKEEHAN, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-5721 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR CONTEMPT ORDER OF COURT AND NOW, this 6`h day of January, 2012, upon consideration of Plaintiffs Motion for Contempt, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Friday, February 10, 2012, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christylee L. P(kk, J. David A. Baric, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff Kent Patterson, Esq. 221 Pine Street Harrisburg, PA 17101 Attorney for Defendant :rc evr, cis o a., eW t1,6flj a PAL n m z Z "T7 > rn rrv n 7 r-x =C ;Zo -< Cn _ ? PATRICK MOLLE Plaintiff V. JESSE S. McKEEHAN, IV, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA NO. 2010- 5721 CIVIL TERM CIVIL ACTION-LAW 2 v--! PRAECIPE TO WITHDRAW Please withdraw the Motion For contempt filed in the above-captioned matter on January 3, 2012. Date: February 7, 2012 Respectfully submitted, $A C SCHE LLC David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 . - - CERTIFICATE OF SERVICE I hereby certify that on February 7, 2012, I, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of Praecipe To Withdraw, by first class U.S. mail, postage prepaid, to the party listed below, as follows: I Kent Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 t David A. Baric, Esquire PATRICK MOLLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JESSE S. McKEEHAN, IV, Defendant NO. 10-5721 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR CONTEMPT ORDER OF COURT AND NOW, this 8 h day of February, 2012, upon consideration of the Praecipe To Withdraw Plaintiff's Motion for Contempt, filed in the above matter on February 7, 2012, the hearing previously scheduled for February 10, 2012, is cancelled, and the Plaintiff's Motion for Contempt is hereby deemed moot. BY THE COURT, Christyle . Peck, J. David A. Baric, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff Kent Patterson, Esq. 221 Pine Street Harrisburg, PA 17101 Attorney for Defendant :rc e9P?es X191 a- Aez IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Patrick Molle Plaintiff NO. 5721 ,Civil 2010 VS. Jesse S. McKeehan, IV =:- RULE 1312-1 Defendant 7Z cn The Petition for Appointment of Arbitrators shall be substantially in ttre-. ?, Following form: _ PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David A. Baric, Esquire , counsel for the action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 30,023.94 plaintiff/defendant in the above The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David A. Baric, Esquire and Kent H. Patterson, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators tot, 8 whom the case shall be submitted. ALCtfully subm ed, C /90A,? ? a76oar7 David A. Baric, Esquire ORDER OF COURT AND NOW, _ Cpl 200A in consideration of the foregoing petition, Esq., and aiy" Esq., and Esq., are appointed arbitrators in t*j over - captioned action or actions) as prayed for. ??• c? By the Court, -n -. . rv ,.. Kevin A. Hess., P.J. ?- t? ?a V G! 14 I'z,^r L CS - -- '? K ,? N_ Pte ,' ' ?s f ?'?, ; e 5 rt•?cl , l ?c9 (????? a r _.~__ _T ~ PATRICK MOLLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. N0.2010- 5721 CIVIL TERM ~ JESSE S. McKEEHAN, IV, CIVIL ACTION-LAW Defendant. ~~ ~~ r~ PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER s cC-~ w 0 -~ a NOW, comes Plaintiff, Patrick Molle ("Molle"), by and through his attorneys, BARIC SCHERER LLC, and files the within Reply and, in support thereof, sets forth the following: REPLY TO NEW MATTER 16. Denied. 17. This is a conclusions of law to which no reply is required and therefore is 18. This is a conclusions of law to which no reply is required and therefore is 19. This is a conclusions of law to which no reply is required and therefore is 20. This is a conclusions of law to which no reply is required and therefore is WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor Plaintiff and against Defendant as prayed for in Plaintiff's Complaint. Respectfully submitted, C $C R LL ~~ ~ David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 m VERIFICATION I verify that the statements made in the foregoing Reply To Defendant's New Matter true and correct to the best of my knowledge, information and belief. This verification is by David A. Baric, Esquire, Attorney for Plaintiff, Patrick Molle and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I understand that false herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. 1 Dated: ~ 1 '~ ' David A. Baric, Esquire CERTIFICATE OF SERVICE I hereby certify that on August 3U , 2012, I, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of Plaintiff s Reply To Defendant's New Matter, by first class U.S. postage prepaid, to the party listed below, as follows: Kent Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 David A. Baric, Esquire PATRICK MOLLE Plaintiff V. JESSE S. McKEEHAN, IV, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010- 5721 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Reply To Defendant's New Matter filed in this matter on August 30, 2012. Date: September 5, 2012 Respectfully submitted, c rn ~3 "~ - BARIC SCHERER LLC ~'~ r+~ ~r- "a -v r~, ~' ~~" cit +~ ca co ~~ ' ~~ _ ~c c ~ ~',,,n David A. Baric, Esquire x" ~ ca LD. #44853 -~: ~ "~ 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I, Patrick I1~lle, verify that the statements made in the foregoing Reply To Defendant's New Matter are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: ~"''~ f `_ ~~iZ Pa olle