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HomeMy WebLinkAbout11-42816 tom' N CI 71 Christopher E. Rice, Esquire rte- N a C) I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES NJ -,rn 10 East High Street 10 Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHAWNEE TRITT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Movant, : CUMBERLAND, PENNSYLVANIA V. : NO. 2011 - 4281 CIVIL TERM RANDY L. MYERS, Defendant/Respondent ORDER OF COURT AND NOW, this s day of November, 2011, upon consideration of the within Motion, it is hereby ordered that: 1. A Rule is issued upon Defendant/Respondent Randy L. Myers to show cause why the Motion should not be granted; 2. Defendant/Respondent Randy L. Myers shall file an answer to the Motion within ??days of date of this Order of Court; 3. The Motion shall be decided under Pa.R.C.P. No. 206.7; 4. Argument shall be held on in Courtroom No.: of the Cumberland County Courthouse at :3n A..m.; and 5. Notice of the entry of this Order shall be provided by Plaintiff/Movant to Defendant/Respondent via first class mail. By the Court, J. Distribution: V Christopher E. Rice, Esquire Attorney for Plaintiff lop? I? l V Mr. Randy L. Myers J Q Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHAWNEE TRITT, Plaintiff/Movant, V. RANDY L. MYERS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA NO. 2011 - 4281 CIVIL TERM ORDER OF COURT J AND NOW, this day of January, 2012, upon consideration of the within Motion to Change The Argument to a Hearing, the Motion is hereby GRANTED, and it is hereby ORDERED that the Argument scheduled for January 11, 2012, is cancelled, and a Hearing is scheduled on March 16, 2012, at 9:30 a.m., in Court Room Number IT IS FURTHER ORDERED that all discovery relevant to said Hearing should be completed within 45 days of the date of this Order. By the Court, J. Distribution: ? Christopher E. Rice, Esquire c « i Attorney for Plaintiff N om, a m x - V Eric R. David, Esquire :v Attorney for Defendant ° CCIe;10s r ajed /Pof,a z a 4ID --1 F?WILESTlients\13376 Shawnee Tritt\11376.1 General\I3376.1.pra.request 1 LI! 1 MA I? !3 AH 8. j} J t i.l Christopher E. Rice, Esquire CUMBERLAND GOUT Y I.D. No. 90916 PENNSYLVANJA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Members I" Federal Credit Union SHAWNEE TRITT, IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND, PENNSYLVANIA V. RANDY L. MYERS, Defendant : NO. 2011 - 4281 CIVIL TERM PRAECIPE TO MAKE REQUEST FOR ADMISSIONS OF RECORD To the Prothonotary: A Request for Admissions was forwarded to counsel for Defendant Randy L. Myers on February 10, 2012. Defendant Randy L. Myers failed to respond within the 30 day time period and, therefore, the attached Request for Admissions are admitted as true per the Rules of Civil Procedure Rule 4014(b), and made of record by this filing. MARTSON LAW OFFICES By: 2-?h Christopher E. Rice, Esquire I.D No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 13, 2012 FARLESTlients\13376 Shawnee Tritt\11376.1 General\)3376.1.req.adm Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Members I' Federal Credit Union SHAWNEE TRITT, IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND, PENNSYLVANIA V. RANDY L. MYERS, : NO. 2011 - 4281 CIVIL TERM Defendant REQUEST FOR ADMISSIONS TO: Randy L. Myers and Eric R. David, Esquire, his attorney Enclosed please find Request for Admissions filed by Plaintiff, Shawnee Tritt, to be answered under oath by Defendant, Randy L. Myers, pursuant to Pa. R. C. P. 4014, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Shawnee Tritt at the address below. Each matter of which an admission is requested is admitted unless within thirty (30) days after service of the request a sworn answer or an objection to the matter, signed by Defendant or his attorney, is served upon counsel for Shawnee Tritt. It is hereby certified that a true and correct copy of this Request for Admissions was mailed to Defendant on this date by the undersigned. MARTSON LAW OFFICES By; 0,41 /' r /-Z' Christopher E. Rice, Esquire I.D No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: Z - /p - / Z Request for Admission No. 1 The attached Spreadsheet showing a Grand Total Cost of repairs as of June 5, 2001, of $33,028.74 (the "Spreadsheet"), accurately reflects the cost to Plaintiff to improve and maintain the property located at 129 Centerville Road, Newville, Pennsylvania 17241 (the "Property"), in anticipation of the sale of the Property. Answer: Request for Admission No. 2 The amount of $33,028.74 listed on the attached Spreadsheet was solely paid by Plaintiff. Answer: Request for Admission No. 3 You are responsible to reimburse '/z of the total amount of $33,028.74 to the Plaintiff. Answer: Request for Admission No. 4 Plaintiff is entitled to receive the entire escrowed proceeds from the sale of the Property, which total is $15,000.00. Answer: Request for Admission No. 5 Plaintiff is entitled to receive the entire escrowed proceeds from the sale of the Property, which totals $15,000.00. Answer: Request for Admission No. 6 You have not advanced any monies which require Plaintiff to reimburse you. Answer: Request for Admission No. 7 You are purposely delaying a resolution on disbursement of the escrowed funds to intentionally annoy and inflict mental anguish on the Plaintiff. Answer: Request for Admission No. 8 After the death of Plaintiff's mother, you took certain personal property that belonged in whole or in part to Plaintiff's mother, including, but not limited to a shovel, wheel barrow, red tool box, tools, snow blower, riding mower, along with a print, that collectively are valued at $1,100.00. Answer: Q a= ? ?' +? roooo°'o'e°o'e ooooooOO°'ooo'o°po'ooo°oo o'o'ooo'o'o o'ooaoeoa O Sp 17 84 88gg"X88$8g$g88888g8888?8888888i88888?888 $p'g8g8gB8°g88W fill 11 ?I @ 111jili"Joil wil % 1 till $ it it I .,1 .1 - IL v rg i ?iI till - a 1F SL jg c 3 S J a J ?mr'a?o '?? D ??? ? J DD o?E°o?DAD v ((EBBS ii33 ? ra V N t? a a a a a + y tJ ?y ? u N ?8a O? 1U1??N ??+p?0 N1 W aye ?+???? ? ??.?ap O ?Wp ?Wp ?Wp 4ml?tms JW Wv W W uq up?fJ??up tT? Wy uyO uNN .W. ?Or j? a'ar JOJ?Om? «V ?Ntlop V a «? W Na rm V ? J OI +tO (f J. t0 V JVi Oi«0J N+N?OaN?N-. ?OJa V W N ¦d a i? O ? qZS! CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Request for Admissions was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Eric R. David, Esquire ROMMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By: t-A. ` . Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: oq-// `*'L-- CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Eric R. David, Esquire ROMMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By: 7t M *rice Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3 1131 F.\FILESTlients\13376 Shawnee Tritt\11376.1 General\I3376.1.pra.request Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHAWNEE TRITT, Plaintiff/Movant, V. RANDY L. MYERS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA : NO. 2011 - 4281 CIVIL TERM ORDER OF COURT t AND NOW, this day of March, 2012, upon consideration of the within Motion, the Motion is hereby GRANTED, and it is hereby ORDERED that the Escrowed Funds in the amount of $15,000 be disbursed to Plaintiff by the Escrow Agent, that the Escrow Agent is released from any further liability as Escrow Agent for the parties, and that the Hearing scheduled for March 16, 2012, in the above-referenced matter is hereby cancelled. Distribution: ? Christopher E. Rice, Esquire Attorney for Plaintiff ? Eric R. David, Esquire Attorney for Defendant 6 P' es d -3// 4G By the Court, J. r> r.? rn CD { - X M r _ "C A tsl ? r' ? r- _ Cs - ;-- C : ?( z7