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HomeMy WebLinkAbout11-0349I • FIL10) -0FFICE THE 'ry! I JAN Is PM I : PRAECIPE Kindly enter judgment in favor of Plaintiff, Diversified Energy, and against Defendant, BARLEY SNYDER LLC Joshua J. Knapp, Esquire Court I.D. No. 92123 126 East King Street Lancaster, PA 17602 (717) 299-5201 CUIMSERII AS a Y t+r erg ?q J ? Attorneys for Plaintiff Diversified Energy DIVERSIFIED ENERGY, COURT OF COMMON PLEAS OF Plaintiff' CUMBERLAND COUNTY.. V. PENNSYLVANIA FREEDOM PROPANE INC., CIVIL ACTION - LAW Defendant /J Freedom Propane, Inc., in the amount of $25,824.52, pursuant to the attached Exemplified Record of Judgment, issued by the Court of Common Pleas of Lancaster County on December 14, 2010, certifying entry of Judgment in the above-captioned matter, docketed at C I-10-11400, on November 24, 2010. Date: Or BARLEY SNYDER LLC By:? 4./' Josh96 J. Kn qui Cot?t I.D. No. 123 Att rnev for ain ff O Vag.oo;LLM? yz' !69 ?- as3 _777 3104470-1 Commonwealth of PennsNlvania, CountN of Lancaster, A: I, Randall O. Wenger Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case herein stated, wherein DIVERSIFIED ENERGY, plaintiMs) vs.FREEDOM PROPANE INC. defendant(s), as the same remains of record before the said Court at No. CI-10-11400 of JUDGMENT Term A.D. 2010 Certified amount of the judgment is $25,824.52. In TestimonN WhereO f , I have hereunto set my hand and affixed the seal of said the Court this 14TH day of DECEMBER A.D. 2010 Prothonote. 1--+,- Exem t' 'eb ? Record FROM LANCASTER COUNTY 2010 Term, No.CI-10-11400 DIVERSIFIED ENERGY, Plaintiff VS. FREEDOM PROPANE INC., Defendant Debt, $25,824.52 Entered and Filed 11-24-10 Randall O. Wenger, Prothonotary Commonwealth of PennsNlvania, CountN of Lancaster, ss.: Among t?e Recorbs entered in the Court of Common Pleas in and for the County of Lancaster, In the commonwealth of Pennsylvania, to Term, 2010 No. CI-10-11400 is contained the following: Doe et -Entries: SEE ATTACHED Certified amount of the judgment is $25824.52 Juboment Inbex Ent-rN DEFENDENT PLAINTIFF ENTERED REAL DEBT TERM NO. FREEDOM PROPANE INC. DIVERSIFIED ENERGY 11-2410 25,824.52 CI-10 11400 Report: CDRDOCT User: DBECKER Instance: PROD52 Case ID: CI-10-11400 LANCASTER CO BANNER Civil Docket Report CASE NUMBER CASE CAPTION CI-10-11400 DIVERSIFIED ENERGY VS FREEDOM PROPANE INC Type Party Name PLTF DIVERSIFIED ENERGY, PATY KNAPP, JOSHUA J PFRM BARLEY SNYDER LLC, DEFT FREEDOM PROPANE INC, Run Date: 14-DEC-2010 Run Time: 09:04 AM Page: 1 COURT LOCA CASE FILING DATE TYPE TION TYPE TRIAL 13-SEP-2010 CI CH DO End Date Filing Date Docket Entry 13-SEP-2010 OPEN SHF ACTION DEPUTIZED SERV RECEIVED FROM PROTHONOTARY 1 COPY OF CIVIL COMPLAINT,1 SHERIFF'S RETURN FORM.2 CHECKS 1 IN THE AMOUNT OF 150.00 AND 1 IN THE AMOUNT OF $100.00 FOR CUMBERLAND COUNTY FROM BARLEY SNYDER, RECEIPT # 181914. 717-299-5201. JOSHUA J KNAPP,ESQ 9/23/10 MAILED CHECK # 424892 IN THE AMOUNT OF $100.00 TO CUMBERLAND COUNTY PA FOR SERVICE ON 1 DEFENDANT. 13-SEP-2010 COMPLAINT BARLEY SNYDER LLC, FILED BY JOSHUA J KNAPP, ESQ. 13-SEP-2010 CAPTION ENTRY IS: DIVERSIFIED ENERGY VS FREEDOM PROPANE INC 16-SEP-2010 COPY OF COMPLAINT (2) WITH RECEIPT TO ATTORNEY COMPLAINT (1) SHERIFF FORM (1) WITH CHECK FOR $150.00 TO SHERIFF ON 9/16/2010 28-SEP-2010 SERVED CIVIL COMPLAINT UPON FREEDOM: PROPANE INC BY HANDING A COPY TO TIM HAKE(PRESIDENT), AT 76 BEARD RD. MECHANICSBURG PA 17050. CUMBERLAND COUNTY SO ANSWERS, VALERIE WEARY, DEPUTY SHERIFF OF CUMBERLAND COUNTY, PA. CUMBERLAND COUNTY FEE $29.94, CUMBERLAND COUNTY REFUND 9/30/10 CHECK # 78355 $70.06. LANCASTER COUNTY SHERIFFS FEES PAID $28.00, REFUND CHECK 10/6/10 CHECK # 100128 $122.00. 07-OCT-2010 SHERIFF'S ACTION CLOSED 24-NOV-2010 DEFAULT JUDGMENT 25,824.52 BARLEY SNYDER LLC, ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT, FREEDOM PROPANE INC., FOR FAILURE TO FILE A PLEADING, IN THE AMOUNT OF $25,824.52. CERTIFICATION OF IMPORTANT NOTICE AND ASSESSMENT OF DAMAGES. FILED BY JOSHUA J. KNAPP, ESQ., • Y BARLEY SNYDER LLC Joshua J. Knapp, Esquire Court I.D. No. 92123 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Diversified Energy DIVERSIFIED ENERGY, COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA FREEDOM PROPANE INC., CIVIL ACTION - LAW Defendant No. Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case. EI Judgment by default for Plaintiff and against Defendant, in the total amount of $25,824.52. ? Judgment for Defendant(s) and against Plaintiff(s). ? Order of Decree in favor of PROTHONOTARY Dated:af / / TO: Freedom Propane, Inc. 76 Beard Road Mechanicsburg, PA 17050 By: 3104470-1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY b -ter ; wR ?F PILED-OFFICE OF THE PROTHONOTARY 2011 MAY 27 AM 9. 48 CUMBERLAND Ct a-i 4 PENNSYLVANIA. Diversified Energy vs. I Case Number Freedom Propane, Inc. 2011-349 SHERIFF'S RETURN OF SERVICE 05/25/2011 02:21 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 25, 2011 at 1416 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Freedom Propant, Inc., in the hands, possession, or control of the within named garnishee, Mid Penn Bank, 4622 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Mary Leitzel, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 26, 2011 to Freedom Propane, Inc., at 76 Beard Road, Mechanicsburg, PA 17050. SO ANSWERS, May 26, 2011 4RON ANDERSON, SHERIFF Ailliam Cline, Deputy ici GountySuite Shenff. Telecsoft, 6.c. ORIGINAL No. 11-349 Civil Term BARLEY SNYDER LLC Joshua J. Knapp, Esquire Court I.D. No. 92123 126 East King Street Lancaster, PA 17602 717.299.5201 Attorney for Plaintiff Diversified Energy 0-A ©? DIVERSIFIED ENERGY, V. FREEDOM PROPANE INC., MID PENN BANK, Plaintiff Defendant Garnishee COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11-349 Civil Term GARNISHMENT INTERROGATORIES IN AID OF EXECUTION TO: Mid Penn Bank Pursuant to Rule 3144 of the Pennsylvania Rules of Civil Procedure, you are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in the entry of a judgment against you. These interrogatories are considered to be continuing and, therefore, should be modified or supplemented as you obtain further or additional information up until the satisfaction of this judgment. 3220662_1.DOC No. 11-349 Civil Term 1. At the time you were served or at any subsequent time did you owe the Defendant, Freedom Propane Inc., any money or were you liable to the Defendant, Freedom Propane Inc., on any negotiable or other written instrument, or did the Defendant, Freedom Propane Inc., claim that you owed the Defendant, Freedom Propane Inc., any money or were liable to the Defendant, Freedom Propane Inc., for any reason. If so, please identify such liability. yes checking account 9506601 with a balance as of 6/8/11 3220662_1. DOC No. 11-349 Civil Term 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons or entities any property of any nature owned solely or in part by Defendant, Freedom Propane Inc.? If so, describe and state the value of the property involved. no 3220662_1.DOC 4 No. 11-349 Civil Term 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by Defendant, Freedom Propane Inc., or in which Defendant, Freedom Propane Inc., held or claimed to hold any interest? If so, describe and state the value of the property involved. no 3220662 I .DOC 5 No. 11-349 Civil Term 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which Defendant, Freedom Propane Inc., had an interest? If so, describe and state the value of the property involved. no 3220662_1.DOC No. 11-349 Civil Term 5. At any time before or after you were served did Defendant, Freedom Propane Inc., transfer or deliver any property to you or to any person or to any entity or to any place pursuant to your direction or consent? If so, identify the consideration therefor. no 3220662_ 1. DOC 7 No. 11-349 Civil Term 6. At any time after you were served did you pay, transfer or deliver any money or any property to Defendant, Freedom Propane Inc., or to any person or to any entity or to any place pursuant to the either of the direction of Defendant, Freedom Propane Inc., or otherwise discharge any claim of Defendant, Freedom Propane Inc., against you? If so, state the value of the property or claim involved and the names and addresses of the persons, entities or places involved in the transaction(s). yes - paid debit card purchases made prior to receipt of writ $1786.66 - RF Fager Company $36.00 - Johnstone Supply $358.43 - Johnstone Supply $60.28 - Rutter's Farm Store 3220662_1.DOC 8 No. 11-349 Civil Term 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant, Freedom Propane Inc., have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 3220662_LDOC 9 No. 11-349 Civil Term 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant, Freedom Propane Inc., have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general money exemption under 42 Pa.C.S. Section 8123? If so, identify each account. no BARLEY S R L ,r By: Jos a J. E quir Att rneys fo ,Plaintiff.. C rt I.D. `9.2 3 1 6 East King Stree Lancaster, PA 17602- 93 717.299.5201 3220662_1.DOC 10 No. 11-349 Civil Term VERIFICATION Deposit Processing I HEREBY VERIFY that I am a Specialist of Mid Penn Bank and as such I am authorized to make this Verification; and that the information set forth in the foregoing Garnishment Interrogatories In Aid of Execution are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 6-9-11 B$:! , Title:Deposit Processing Specialist 3220662 1. DOC r.. JL 1j r. ? E i/Y 1 1e' r_ k T? NY1 r1?' e ` rn1 ,e li InII JU 23 Air 10: I; . June 22, 2011 Garnishment Interffogatories in Aid of Execution Continuing Modification RE: Diversified Energy VS. Freesom Propane Inc. No 11-349 Civil 1. Yes. Checking account 9506601 with a balance of $9214.48 as of 6/21/11. Additional deposits made after initial interrogatories were filed. 2. No 3. No 4. No 5. No 6. No additional debits from account after initial interrogatories were filed. 7. No 8. No No. 11-349 Civil Term VERIFICATION I HEREBY VERIFY that I am a & P(tY-eSS1r c, ar2ctd A of Mid Penn Bank and as such I am authorized to make this Verification; and that the information set forth in the foregoing Garnishment Interrogatories In Aid of Execution are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 60 4 r-, Title: i4k 5' i r 3220682_1.00C No. 11-349 Civil Term BARLEY SNYDER LLC Joshua J. Knapp, Esquire Court I.D. No. 92123 126 East King Street Lancaster, PA 17602 Attorney for Plaintiff 717.299.5201 Diversified Energy DIVERSIFIED ENERGY, COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW FREEDOM PROPANE INC., Defendant No. 11-349 Civil Term MID PENN BANK, Garnishee GARNISHMENT INTERROGATORIES IN AID OF EXECUTION TO: Mid Penn Bank Pursuant to Rule 3144 of the Pennsylvania Rules of Civil Procedure, you are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in the entry of a judgment against you. These interrogatories are considered to be continuing and, therefore, should be modified or supplemented as you obtain further or additional information up until the satisfaction of this judgment. 32-2-06621 DOC No. 11-349 Civil Term 1. At the time you were served or at any subsequent time did you owe the Defendant, Freedom Propane Inc., any money or were you liable to the Defendant, Freedom Propane Inc., on any negotiable or other written instrument, or did the Defendant, Freedom Propane Inc., claim that you owed the Defendant, Freedom Propane Inc., any money or were liable to the Defendant, Freedom Propane Inc., for any reason. If so, please identify such liability. yes checking account 9506601 with a balance as of 6/8/11 in the amount of $5413.44 3 No. 11-349 Civil Term 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons or entities any property of any nature owned solely or in part by Defendant, Freedom Propane Inc.? If so, describe and state the value of the property involved. no 3220662 LDOC 4 No. 11-349 Civil Term 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by Defendant, Freedom Propane Inc., or in which Defendant, Freedom Propane Inc., held or claimed to hold any interest? If so, describe and state the value of the property involved. no 32206621 DOC No. 11-349 Civil Term 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which Defendant, Freedom Propane Inc., had an interest? If so, describe and state the value of the property involved. no 3220662 !,DOC 6 No. 11-349 Civil Term 5. At any time before or after you were served did Defendant, Freedom Propane Inc., transfer or deliver any property to you or to any person or to any entity or to any place pursuant to your direction or consent? If so, identify the consideration therefor. no 311f)607 1 nnc 7 No. 11-349 Civil Term 6. At any time after you were served did you pay, transfer or deliver any money or any property to Defendant, Freedom Propane Inc., or to any person or to any entity or to any place pursuant to the either of the direction of Defendant, Freedom Propane Inc., or otherwise discharge any claim of Defendant, Freedom Propane Inc., against you? If so, state the value of the property or claim involved and the names and addresses of the persons, entities or places involved in the transaction(s). yes - paid debit card purchases made prior to receipt of writ $1786.66 - RF Fager Company $36.00 - Johnstone Supply $358.43 - Johnstone Supply $60.28 - Rutter's Farm Store IIN)0 AI F)nr- Q No. 11-349 Civil Term 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant, Freedom Propane Inc., have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 3'_'_066' 1 DOC No. 11-349 Civil Term 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant, Freedom Propane Inc., have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general money exemption under 42 Pa.C.S. Section 8123? If so, identify each account. no BARLEY S ER LW By: r;, Joshua J. ,n pp,`Esquire' Attorneys fop'Plaintiff Court I.D. No. 92123i' 1,26 East King Street Lancaster, PA 893 017602J 717.299.21 3?20661 r)(-)C 10 No. 11-349 Civil Term VERIFICATION Deposit Processing I HEREBY VERIFY that I am a Specialist of Mid Penn Bank and as such I am authorized to make this Verification; and that the information set forth in the foregoing Garnishment Interrogatories In Aid of Execution are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 6-9-11 'j ° Title:Deposit Processing Specialist ,-720662i .DOC ORIGNAL BARLEY SNYDER LLC Joshua J. Knapp, Esquire Court I.D. No. 92123 126 East King Street Lancaster, PA 17602 717.299.5201 PRO THONOTAR' 2011 JUL 19 AM 11: 35 CUMBERLAND COUNTY PENNSYLVANIA No. 11-349 Civil Term Attorney for Plaintiff Diversified Energy DIVERSIFIED ENERGY, V. FREEDOM PROPANE INC., MID PENN BANK, Plaintiff Defendant Garnishee COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11-349 Civil Term PRAECIPE TO DISSOLVE ATTACHMENT/GARNISHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment/garnishment against Mid Penn Bank in the above- captioned matter. BARLEYS DER LL By: 32561271 Jos ua J. Kna , ?s . e A rneys for of C urt I.D. No. 9212 126 East King Street Lancaster, PA 17602-2893 717.299.5201 Ck':4'Q19Pk9 q aLo 000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-349 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DIVERSIFIED ENERGY Plaintiff (s) From FREEDOM PROPANE, INC., 76 BEARD ROAD, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MID PENN BANK, 4622 CARLISLE PIKE, MECHANICSBURG, PA 17050 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 $17,923.52 Interest Atty's Comm % Atty Paid $86.00 Plaintiff Paid Date: 9/30/11 L.L. Due Prothy $2.00 Other Costs (Seal) Deputy REQUESTING PARTY: Name JOSHUA J. KNAPP, ESQUIRE Address: BARLEY SNYDER LLC 126 EAST KING STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-5201 Supreme Court ID No. 92123 ORIGINAL BARLEY SNYDER LLC Joshua J. Knapp, Esquire Court I.D. No. 92123 126 East King Street Lancaster, PA 17602 717.299.5201 Attorney for Plaintiff Diversified Energy DIVERSIFIED ENERGY, V. No. 11 -349 Civil Term R+OTHONOTA a fill SEF' 30 PH 3: 0v ' MBER1_AND COUNT'7` PENNSYLVANIA Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FREEDOM PROPANE INC., ? (k lW a 7-? Defendant WMP BAPNor L-70%0 NK, ?? ?a- (' ar li Sle Pi k--P-Garnishee No. 11-349 Civil Term PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania; 2. against Freedom Propane Inc., Defendant; 3. and against the following Garnishee: Q (a) Mid Penn Bank; a ? a4. sz? fd a:L4ij a a • 00 CRF 0 5o « « $ . 0 0 c.. 00 Pct CXR? 'Ra.oo-uukL ?. 3351243_1.DOC ?y Lik 4 819 1-1 (,%t4--Z5 3SS No. 11-349 Civil Term 4. Direct the Sheriff of Cumberland County to attach all property of Freedom Propane Inc., Defendant, in Garnishee Mid Penn Bank's possession, including, but not limited to, any and all accounts/documents in the name of Freedom Propane Inc., including, but not limited to, account no. XXX6601, certificates of deposit, checking accounts, savings accounts, safe deposit boxes, and any amount due and owing from Garnishee to Defendant, 5. Balance Due: Credit for payments: Attorneys fees Costs to be added September, 2011 $ 25,824.52 61-1 g a3. 5 a $ (7,901.00) BAF By: 3351243_I.DOC 717.299.5201 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson l I Sheriff r ' Y t 9,tp of 4u,rag??/?? Jody S Smith Chief Deputy- l l 1 t4+. Richard W Stewart Solicitor OF E arE 5!-EklFF xi [r4.- 1'1 y 9t Diversified Energy vs. Freedom Propane, Inc. Case Number 2011-349 SHERIFF'S RETURN OF SERVICE 10/11/2011 02:19 PM - Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Mid Penn Bank at 4622 Carlisle Pike, Hampden Township, Mechanicsburg, PA 17050, Cumberland County, by handing to NATHAN KELSO, BRANCH MANAGER, personally three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on October 12, 2011 to Freedom Propane, Inc. at 76 Beard Road, Mechanicsburg, PA 17050. SO ANSWERS, October 12, 2011 RON R ANDERSON, SHERIFF Ti t y Black, Deputy ci Coun!ySutte Sheriff T&Pas fl Ir1 ORIGINAL No. 11-349 Civil Term 2! i,,, .1tsi i tiRLriND C0 'J" PENNSYLVA, NI A BARLEY SNYDER LLC Joshua J. Knapp, Esquire Court I.D. No. 92123 126 East King Street Lancaster, PA 17602 717.299.5201 Attorney for Plaintiff Diversified Energy DIVERSIFIED ENERGY, V. FREEDOM PROPANE INC., MID PENN BANK, Plaintiff Defendant Garnishee COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11-349 Civil Term An%0tA% GARNISHMENTgNTERROGATORIES IN AID OF EXECUTION TO: Mid Penn Bank Pursuant to Rule 3144 of the Pennsylvania Rules of Civil Procedure, you are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in the entry of a judgment against you. These interrogatories are considered to be continuing and, therefore, should be modified or supplemented as you obtain further or additional information up until the satisfaction of this judgment. 3220662_ 1. DOC No. 11-349 Civil Term 1. At the time you were served or at any subsequent time did you owe the Defendant, Freedom Propane Inc., any money or were you liable to the Defendant, Freedom Propane Inc., on any negotiable or other written instrument, or did the Defendant, Freedom Propane Inc., claim that you owed the Defendant, Freedom Propane Inc., any money or were liable to the Defendant, Freedom Propane Inc., for any reason. If so, please identify such liability. Yes - checking account with a balance of $451.83 as of 10/19/11. 3220662 l .DOC 3 No. 11-349 Civil Term 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons or entities any property of any nature owned solely or in part by Defendant, Freedom Propane Inc.? If so, describe and state the value of the property involved. no 3220662 1.DOC 4 No. 11-349 Civil Term 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by Defendant, Freedom Propane Inc., or in which Defendant, Freedom Propane Inc., held or claimed to hold any interest? If so, describe and state the value of the property involved. no 3220662 1. DOC 5 No. 11-349 Civil Term 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which Defendant, Freedom Propane Inc., had an interest? If so, describe and state the value of the property involved. no 3220662 1. DoC 6 No. 11-349 Civil Term 5. At any time before or after you were served did Defendant, Freedom Propane Inc., transfer or deliver any property to you or to any person or to any entity or to any place pursuant to your direction or consent? If so, identify the consideration therefor. no 3220662 1. DOC 7 No. 11-349 Civil Term 6. At any time after you were served did you pay, transfer or deliver any money or any property to Defendant, Freedom Propane Inc., or to any person or to any entity or to any place pursuant to the either of the direction of Defendant, Freedom Propane Inc., or otherwise discharge any claim of Defendant, Freedom Propane Inc., against you? If so, state the value of the property or claim involved and the names and addresses of the persons, entities or places involved in the transaction(s). Yes - paid debit card purchase made prior to receipt of writ $33.44 - CVS Pharmacy 3220662 1. DOC 8 No. 11-349 Civil Term 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant, Freedom Propane Inc., have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 3220662 1.DOC 9 No. 11-349 Civil Term 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant, Freedom Propane Inc., have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general money exemption under 42 Pa.C.S. Section 8123? If so, identify each account. no BARLEY By: Joshua J. C7burt I.D. No.9212 126 East King Stye Lancaster, PA 1760 93 717.299.5201 3220662 1. DOC 10 No. 11-349 Civil Term VERIFICATION Deposit Processing of Mid Penn Bank I HEREBY VERIFY that I am a spec; a, ;st.,- and as such 1 am authorized to make this Verification; and that the information set forth in the foregoing Garnishment Interrogatories In Aid of Execution are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: 10/19/11 Title: Deposit Processing Specialist 3220662 1.DOC SHERIFF'S OFFICE OF CUMBERLAND COUNTY .nderson S Smith of Deputy ?gr?ti?t4' of ?atutGrr? d t.: IC?,- -" THE PROTHONO' 2912 MAY -3 PM 2: 14 Aichard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Diversified Energy vs. Freedom Propane, Inc. Case Number 2011-349 SHERIFF'S RETURN OF SERVICE 05/25/2011 02:21 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 25, 2011 at 1416 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Freedom Propant, Inc., in the hands, possession, or control of the within named garnishee, Mid Penn Bank, 4622 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Mary Leitzel, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 26, 2011 to Freedom Propane, Inc., at 76 Beard Road, Mechanicsburg, PA 17050. 05/02/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $92.21 SO ANSWERS, May 02, 2012 RON R ANDERSON, SHERIFF aCa tsv . SZ.? II ?d ici Cou :;Suite Sl-e,l f ie eosoft Inc SHERIFF'S OFFICE OF CUMBERLAND COUNTY A Anderson ?4„ttit,' of 4uiuLr?rri THIF 2312114y -3 PM 2: 14 `'UMBERLANt3 cGUN1-Y PENNSYLVANIA Jy S Smith ,hief Deputy Richard W Stewart Solicitor Diversified Energy vs. Case Number Freedom Propane, Inc. 2011-349 SHERIFF'S RETURN OF SERVICE 10/11/2011 02:19 PM - Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Mid Penn Bank at 4622 Carlisle Pike, Hampden Township, Mechanicsburg, PA 17050, Cumberland County, by handing to NATHAN KELSO, BRANCH MANAGER, personally three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on October 12, 2011 to Freedom Propane, Inc. at 76 Beard Road, Mechanicsburg, PA 17050. 05/02/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $90.78 SO ANSWERS, May 02, 2012 RON R ANDERSON, SHERIFF 'ex, ;?- 'oe (c` Ooin?;Suite Snenfl. Teie.asm. Inc.