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Home My WebLink About11-5942SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,. ?y5,k1t? ??L e11fi$p?, f7 t; s 07 21 PPP 2 z' Kreider's Mill vs. James Deitch (et al.) Case Number 2011-5942 SHERIFF'S RETURN OF SERVICE 08/24/2011 02:45 PM - Shawn Harrison., Deputy , being duly sworn according to law, states that on August 24, 2011 a 2:45 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: James Deitch at 45 West Yellow Breeches Road, Dickinson Township, Carlisle, PA 17015, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on August 26, 2011. 08/24/2011 02:45 PM - Shawn Harrison, Deputy, being duly sworn according to law, states that on August 26, 2011 a 2:45 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Ingrid Deitch at 45 West Yellow Breeches Road, Dickinson Township, Carlisle, PA 17015, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on August 26, 2011. 09/20/2011 Defendat paid off Writ on this date, notified Plaintiff of the same. 10/20/2011 Ronny R. Anderson, Sheriff., who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $321.76 October 20, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF -11Y rd AWO ?2 4YGJ7S' c: Count• S ite Sle-, f f T cso't InG DISTRIBUTION PLAINTIFF Kreider's Mill WRIT NO. 2011-5942 Krieder's Mill -vs- James Deitch & Ingrid Deitch Real Debt $ 12,156.00 Interest Attorney's Comm. Writ Costs, Atty 51.25 Writ Costs, Pltff. Miscellaneous Attorneys Fees $12,207.25 Sheriff's Costs: Docketing $ 18.00 Poundage 243.12 Law Library Prothonotary 2.00 Service Mileage 6.00 Postage 2.64 Advertising Postpone Sale Bad Check Charge Surcharge 30.00 Garnishee Levy 20.00 TOTAL $ 321.76 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Sheriff's Costs 12,207.25 150.00 321.76 $ 12,529.01 150.00 $ 12,850.77 So Answers: Ronny R. Anderson Sheriff KREIDER'S MILL Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. :2011-5942 CIVIL ACTION - LAW C-) JAMES DEITCH AND Zm ai rn N c_ rn INGRID DEITCH x' cnr- -U :;0 r 6 Defendants D -0 141 -t N ' DEFENDANTS' MOTION FOR ORDER DIRECTING PROTHONOTARY TO MARK JUDGMENT SATISFIED NOW COME Defendants, James Deitch and Ingrid Deitch, by their Attorney, Marvin Beshore, Esquire, and for their petition state: 1. On July 26, 2011, Plaintiff filed the Judgment/Transcript against the Defendants from the records of the Magisterial District Court 41-03-05, Docket No. MJ-41305-CV- 0000050- 2011. The judgment for $12,156 was entered by the Prothonotary at No. 11-5942-Civil Term and notice was mailed to Defendants. A Certified copy of all filings at this docket from the Prothonotary's records is attached hereto as Exhibit A and incorporated herein. 2. Upon Plaintiff's demand, a Writ of Execution was served upon the Defendants by the Sheriff of Cumberland County on or about August 24, 2011. 3. On September 20, 2011 Defendants made payment in full to the Sheriff of Cumberland County for the Judgment and all applicable docketed costs in the amount of $12,529.01; and in addition advanced to the Sheriff costs of $150. 00046406.WPD; Q 4. On or about September 19, 2011, the Sheriff of Cumberland County paid the Plaintiff $12,207.25 in full payment and satisfaction of the Judgment and Writ of Execution in this matter. At the same time, the Sheriff refunded to the Defendants $150 in advanced costs and recovered $321.76 in Sheriff's costs. The Sheriff's records and return of the Writ confirming these transactions were filed with the Prothonotary and are part of Exhibit A attached and incorporated in full herein. 5. Defendants have demanded that Plaintiff mark this Judgment satisfied. Plaintiff s wrongful refusal has caused, inter alia, funds of Defendants from a real estate transaction to be placed into escrow by Robert G. Frey, Esquire, pending satisfaction of the Judgment. 6. Plaintiff s refusal to have this Judgment marked "satisfied" is wrongful and has continued more than 90 days since payment in full and notification of payment in full by the Sheriff. 7. There is, and can be, no dispute as confirmed by the Prothonotary's full docket attached hereto, that the judgment has been satisfied and should be so-marked. WHEREFORE, Defendants request that this Honorable Court enter an Order directing the Prothonotary to mark the Judgment herein satisfied. Date: January 2012 Respectfully submitted, By G--- Marvi eshore, squire Attorney I.D. No. 31979 P. O. Box 946 Harrisburg, PA 17108-0946 (717) 236-0781 Attorney for Defendants, James Deitch and Ingrid Deitch 00046406MP1); Q EXHIBIT A COMMONWEALTH OF PENNSYLVANIA COUNTY OF PERRY Na. - etA, Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-41-3-05 MDJ Name: Honorable Elizabeth R. Frownfelter Address: 3553 Shermans Valley Road P.O. Box 908 Loysville, PA 17047 Telephone: 717-789-4117 Kreider's Mill P.O. Box 146 Loysville, PA 17047 Disposition Summary Kreider's Mill V. James Deitch, Ingrid Deitch Docket No: MJ-41305-CV-0000050-2011 Case Filed: 5/5/2011 Docket No Plaintiff Defendant Disposition Disposition Date MJ-41305-CV-0000050-2011 Kreider'sMill James Deitch Default Judgment for Plaintiff 06109/2011 MJ-41305-CV-0000050-2011 Kreider's Mill Ingrid Deitch Default Judgment for Plaintiff 06/09/2011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Ingrid Deitch $12,156.00 $0.00 $12,156.00 James Deitch $12,156.00 $0.00 $12,156.00 Judgment Detail (`PostJudgment) In the matter of Kreider's Mill vs. James Deitch; Ingrid Deitch on 6/09/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $12,000.00 $0.00 $12,000.00 Filing Fees $156.00 $0.00 $156.00 Grand Total: $12,156.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT 13 ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Vi I (0 9 Il ? ?? v,; ;` Date Magisterial District Judge Eliza th R. Frownfelter certify that this is a true an correct copy o the record o the proceedings co mi a Iu en. j 7 asl? I _/ Date Ma R aria! DictricF . i li??hwfh R rnumid4er MDJS 315 Page 1 of 2 TRUE COPY FRS RECORD ? RD 1111111111114 iiind tha S" Of stIlMa we3rl?errrt4zy9 M 7ttls -- of proftn*WY SHE pRQ7HONjc? OT4f< 10rr'JUL 26 PH 1: 36 uP NSYf o UN1-4' N!A ` ;y2 1 .75-'r/ p r TRUE COPY FROM RECORD In Testimony whereof, i here unto set my hand and the seal of said Co rt at Carlisle, Pa. This S_ day of 20 j Q- ??M Prothonotary r Kreider's Mill V. James Deitch, Ingrid Deitch Participant List Plaintiff(s) Docket No.: MJ-41305-CV-0000050-2011 Kreider's Mill P.O. Box 146 Loysville, PA 17047 MDJS 315 Defendant(s) Ingrid Deitch 45 W. Yellow Breeches Road Carlisle, PA 17015 James Deitch 45 W Yellow Breeches Rd Carlisle, PA 17015 TRUE COPY FROM RECORDand said reof, I here unto set my M Testimony whe Carlisle, Pa. and the at of y 20 ,?( This Prothonotary Page 2 of 2 Printed: 07/25/2011 11:42:09AM Perry County Court tiousQ T?,IQphon¢ (717) 582-2131 fv: (717) 582-5167 Prothonotaru of PQrry County Br¢nde J. jilbrighl pszrry County Prothonotary and CI¢rk of Courta P. 0.13oR 325 hjzW $l oom f i¢I d, ))Y917668 CERTIFICATE OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT PERRY COUNTY, PENNSYLVANIA ?re taler, !s A DISTRICT JUSTICE DOCKET NO: PLAINTIFF ?7- y 305 -G? 5 o - 2-o-11 11 V. jd-mCS D Gt46%1 [ n 5 r t ? &(4-c4j DEFENDANT As of the date certified below, the following action has been taken on the above referenced appeal: (Vl There has been no appeal taken to the Court of Common Pleas. ( ) The following party has taken and appeal to the Court of Common Pleas: BRENDA J. ALBRIGHT Prothonotary Date: a(o, aQd h"A?? ?eprzal-? By Deputy N OM RECORD v?'O?? O -('{SUE COPY FR In Testimony whereof. I here unto set my hand and the seal of said Court at jc?ariisie, Pa. day of 20 This _..:* :??._ Prothonotary ?Ce 4. f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION L{tEI n&R'S M / L L • ? Confessed Judgment Plaintiff ? Other i VS. File No. CIA, Amount Due 11 Ode/ c N ?'AMFS M=H .T AI b A 1 O "e- H - -r-- ?? '7 Defendant Interest -03 - w -°{ rr1 Address: Atty's Comm =M C r r'. wOTXOUPW "ffe Es c r-a t YS -?off: os s - C'lttuslf pA 1?atS TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of (? (? mf3?12 Cl1 rv? County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). E] (Indicate) Index this writ against the garnishee (s) as a lis pend ns against real estate of the defendant(s) described in the attached exhibit. QF/DeIV $ M/1( Date Signature: Print Name: M R R j< D ,?1 DIEiZ f y (t c!' Address: D. ra?X 1 y (o Attorney for: s ?..? ? S ? ?t PIFf S s i ?S pA ?j? Telephone: / - 9 - 3 S 3 s' Supreme Court ID No: TRUE COPY FROM RECORD S? Olt p ?o in Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, P This ML-day of ?,d_P 200 1 thonotarY WY t v? CY -MS L41C J Q. 7 A%., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-5942 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KREIDER'S MILL Plaintiff (s) From JAMES DEITCH, INGRID DEITCH, 45 West Yellow Breeches Road, Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PROPERTY (PERSONAL AND REAL ESTATE). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $12,156.00 L.L. Interest $ Atty's Comm % Due Prothy $2.00 Atty Paid $ Other Costs: Plaintiff Paid $51.25 Date: 7/26/11 David D. Buell, Prothonotary (Sea!) B eda, P Deputy REQUESTING PARTY: d 't N Name MARK D. KREIDER , PrIs/ `" Address: P. O. BOX 146 LOYSVILLE, PA 17047 Attorney for: Telephone: 717-789-3535 Supreme Court ID No. TRUE COPY FROM RECORD In Testimony whereof, i here unto set my and and the seal of said Coytt at Carlisle, Pa Q This _> -day of ?,/ prothonotary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor '600m, of C"Inbet, 444 4- 1 :IY1 . 0;FICE Or TAE $KERIFF _ - J - G,: F',1.',:- n, 1 CiT21 PM 4 22 :'lIP1 ?rL;D 1?I °r ' pJa SYI_.?1 t;MUIlA Kreider's Mill VS. James Deitch (et al.) Case Number 2011-5942 SHERIFF'S RETURN OF SERVICE 08/24/2011 02:45 PM - Shawn Harrison, Deputy, being duly sworn according to law, states that on August 24, 2011 a 2:45 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: James Deitch at 45 West Yellow Breeches Road, Dickinson Township, Carlisle, PA 17015, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on August 26, 2011. 08/24/2011 02:45 PM - Shawn Harrison, Deputy, being duly sworn according to law, states that on August 26, 2011 a 2:45 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Ingrid Deitch at 45 West Yellow Breeches Road, Dickinson Township, Carlisle, PA 17015, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on August 26, 2011. 09120/2011 Defendat paid off Writ on this date, notified Plaintiff of the same. 10/20/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $321.76 SO ANSWERS, October 20, 2011 RON R ANDERSON, SHERIFF J. •,/,C rd. e.,?n - TRUE COPY FROM R ?a V 111 in Testimony whereof, I here unto a and the seal of said Court at Carlisle,, 7 '4 3 This day of p I ? rothonota (o. CountySulte She,ff Te ecsofl 1% /;` bpl DISTRIBUTION PLAINTIFF Kreider's Mill WRIT NO. 2011-5942 Krieder's Mill -vs- James Deitch & Ingrid Deitch Real Debt $ 12,156.00 Interest Attorney's Comm. Writ Costs, Atty 51.25 Writ Costs, Pltff. Miscellaneous Attorneys Fees $12,207.25 Sheriff's Costs: Docketing $ 18.00 Poundage 243.12 Law Library Prothonotary 2.00 Service Mileage 6.00 Postage 2.64 Advertising Postpone Sale Bad Check Charge Surcharge 30.00 Gamishee Levy 20.00 TOTAL $ 321.76 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Sheriff's Costs 12,207.25 150.00 321.76 $ 12,529.01 150.00 $ 12,850.77 So Answers: Ronny R. Anderson Sheriff B TRUE COPY FROM RECORD in Testimony whereof, i here unto set my hand and the seat of said count, at Carlisle, Pa. This slay of _ _\CL/t oo notary CERTIFICATE OF SERVICE I hereby certify that I have this 5" day of January , 2012 served a true and correct copy of the foregoing Defendants' Motion for Order Directing Prothonotary to Mark Judgment Satisfied upon the following by means of United States mail, first class postage pre-paid, addressed as follows: Mark D. Kreider, President Kreider's Mill P.O. Box 146 Loysville, PA 17047 Plaintiff 00046477.WPD; v1 ABes ore TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the se I of said Court at Carlisle, Pa, This day of - 20-i/-2 Prothonotary KREIDER'S MILL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES DEITCH AND INGRID DEITCH, DEFENDANTS NO. 11-5942 CIVIL ORDER OF COURT AND NOW, this 11th day of January, 2012, upon consideration of Defendants' Motion for Order Directing Prothonotary to Mark Judgment Satisfied, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Plaintiff Kreider's Mill to show cause why the relief requested should not be granted; 2. Plaintiff, Kreider's Mill shall file an Answer to the Defendants Motion on or before January 27, 2012; 3. A hearing/argument on the Motion shall be held on Monday, March 12, 2012, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Kreider's Mill Marvin Beshore, Esquire Attorney for Defendants bas &pIes /na. e.W l ?l a f /a By the Court, UA C) "o C- M. L. Ebert, Jr., Y ? 9? IjiF PR0TH. 0N 2012 JAN 23 PM 2:22 CUMBERLAND i"uUNi .y, 0t ENNSYLVANIA Court Administrator Office of the Prothonotary Court of Common Pleas Cumberland County Courthouse #1 Courthouse Square Carlisle, PA. 17013 ES January 19,2012 Regarding: No. 11-5942 CIVIL Kreider's Mill v. James Deitch & Ingrid Deitch I recently received notice regarding the above to file notice of an answer by January 27, 2012. Since notification was only recently made and I will be out of the country beginning January 20th til January 30th, there has been inadequate time allowed for me to secure an attorney for representation for the official notice. Several calls were made today to the Courthouse regarding the lack of time given for response and how I might accomplish that today. No one was able to provide assistance. Therefore, this letter shall serve as my official notice to Answer to the Defendants Motion that I will be defending myself and will attend the hearing scheduled for March 12, 2012. Sincerely, PAX.,t, Mark D. Kreider President, Kreider's Mill Inc. KREIDER'S MILL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES DEITCH AND INGRID DEITCH, DEFENDANTS NO. 11-5942 CIVIL ORDER OF COURT AND NOW, this 13th day of February, 2012, upon consideration of Defendants' Motion to make Rule Absolute, for Liquidated Damages, to Require Corporate Plaintiff to have Counsel and to Consolidate Hearing; IT IS HEREBY ORDERED AND DIRECTED that Plaintiff Kreider's Mill, a fictitious name owned by Kreider's Mill, Inc., must have an attorney enter an appearance on its behalf in order to participate in the hearing scheduled for March 12, 2012. IT IS FURTHER ORDERED AND DIRECTED that the Attorney for Kreider's Mill, Inc. shall file an Answer to the Defendants' Motions on or before March 5, 2012. Hearing on Defendants' Motions will be consolidated with the Hearing currently;,. scheduled for March 12, 2012, at 1:30 p.m. ri By the Court, -^ r"r f Kreider's Mill P. O. Box 146 Loysville, PA 17047 M. L. Ebert, Jr., ' 0 J. rte. .4:- Marvin Beshore, Esquire Attorney for Defendants 130 State Street, P. O. Box 946 Harrisburg, PA 17108-0946 bas (Ilpt'eS ma,'Aw( -211yl,)- KREIDER'S MILL, Plaintiff VS. JAMES DEITCH and, INGRID DEITCH Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-5942 CIVIL TERM c ? c -V a - -<v Cc -a n-n F5 v G? C-? PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please have the above-captioned Judgment marked "Satisfied." Plaintiff hereby certifies that the last known address of the Defendant is: 45 West Yellow Breeches Road Carlisle, Pennsylvania 17015 Kreider's Mill, Plaintiff Dated: / Z n // By: Mark D. Kr ' , President P. O. Box 146 Loysville, PA 17047 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KREIDER' S MILL, Plaintiff -? N --° v. No. 2011-5942 t' mo JAMES DEITCH, and INGRID DEITCH, CIVIL ACTION - LAW n, _X !7 7, a Defendants PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of plaintiff, Kreider's Mill, a corporate entity. Papers may be served at the address set forth below. Respectfully Submitted, Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street [Newport, PA 17074 (717) 567-9169 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KREIDER'S MILL, c-a Plaintiff `" -OZC n Cu V. No. 2011-5942 JAMES DEITCH, and INGRID DEITCH, CIVIL ACTION - LAW E-°c Defendants ANSWER TO DEFENDANTS' MOTION TO MAKE RULE ABSOLUTE, FOR LIQUIDATED DAMAGES, TO REQUIRE CORPORATE PLAINTIFF TO HAVE COUNSEL AND TO CONSOLIDATE HEARING :v r rv r.? ?~V AND NOW, comes Plaintiff, Kreider's Mill, by and through its counsel Kevin E. Prosser, Esquire, and brings this Answer to Defendants' Motion and respectfully avers as follows: A. Answer to Motion to Make Rule Absolute 1. No response required. The Court Docket and Record speak for itself 2. No response required. The Court Docket and Record speak for itself. 3. No response required. The Court Docket and Record speak for itself. 4. No response required. The Court Docket and Record speak for itself. 5. Averment number 5 is a conclusion of law to which no response is required. To the extent a response is required, Plaintiff notes that averments not specifically denied "may" be deemed admitted. Defendants' Motion is internally inconsistent, in that subsection C of its Motion correctly avers that a corporation can not appear in an action before the Court of Common Pleas through a corporate officer, but argues that the filing by the Corporate Officer should be able to act to the detriment of the Corporation. ,k 71 c; -? c 6. Denied as a conclusion of law to which no response is required. To the extent a response is required, Plaintiff denies the averment and notes that the Court "may" deem allegations admitted, but is not bound to do so. B. Answer to Motion for Liquidated Damages 7. No response required. 8. No response required 9. Admitted in part and denied in part. It is admitted that the Defendants paid the Judgment on September 20, 2011 via check. It is denied that Plaintiff received the check until the Sheriff confirmed that the check had cleared due to internal policies of the Cumberland County Office of the Sheriff. Plaintiff did not in fact receive the payment until after October 20, 2011. The Cumberland County Sheriff closed the Writ of Execution and returned it to the office as satisfied on October 20, 2011. Plaintiff assumed that when the Sheriff indicated that the Writ was sent to the Prothonotary's Office as satisfied, the Judgment was also satisfied. See letter attached as Exhibit "A". 10. No response required. The document speaks for itself. 11. Denied. Plaintiff did not receive the check to satisfy the Judgment until after the Sheriff put it in the mail on October 20, 2011. Regardless of any other confusion, within ninety days, Plaintiff returned a satisfaction of judgment to counsel for Defendants, Frey and Tiley, pursuant to the instructions set forth in counsel's correspondence. Said judgment is now satisfied. See letter from Frey and Tiley attached as Exhibit "B" and executed enclosure attached as Exhibit "C". a 12. Denied as a conclusion of law to which no response is required. To the extent a response is required, Plaintiff avers that he took action to satisfy the Judgment, by returning the document attached as Exhibit "C" pursuant to counsel for Defendants' instructions. 13, Denied. Plaintiff assumed that the document he returned to counsel for Defendants' acted to satisfy the Judgment. Plaintiff is not acting in bad faith. It is Defendants, who continue to pursue this action despite having judgment satisfied, that are acting in bad faith. 14. Denied as a conclusion of law to which no response is required. To the extent a response is required, same is denied, as judgment was satisfied pursuant to instruction by Defendants' counsel Frey and Tiley. C. Answer to Motion to Prohibit Plaintiff from Proceeding without a Lawyer 15. No response required. 16. Admitted. 17. Denied as a conclusion of law to which no response is required. The issue underlying said averment has been rendered moot as a result of This Honorable Court's Order of February 13, 2012 and undersigned counsel's entry of appearance. D. Motion to Consolidate Hearing on this Motion with Hearing Scheduled for March 12, 2012 18. No response required. 19. No response required. 20. No response required. The issue underlying said averment has been rendered moot as a result of This Honorable Court's Order of February 13, 2012. WHEREFORE, Plaintiff files this Answer. Respectfully Submitted Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 VERIFICATION I verify that the statements made in this foregoing document are true and correct. I understand that false statements herein are made subject to thepenaldes of IS Pa-C. S. 4904, relating to uns'worn falsification to authorities. L'd ££Z£69ZZ LL IIIW s lepleay{ BIVUL0 Z6 6Z qa? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KREIDER'S MILL, Plaintiff V. No. 2011-5942 JAMES DEITCH, and INGRID DEITCH, CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I, Brandi L. Jones Zellers, Paralegal for Kevin E. Prosser, Esquire, do hereby certify that on this day of March, 2012, I served a copy of the foregoing Answer by Regular Mail to the person(s) listed below: Marvin Beshore, Esquire 130 State Street PO Box 946 Harrisburg, PA 17108 Brdndi L. Jones Zellers Paralegal for Kevin E. Prosser, Esq. RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy OW OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 January 19, 2012 Mark Kreider PO Box 146 Loysville, PA 17047 Dear Mr. Kreider, RICHARD W. STEWART Solicitor Per your request, we are furnishing this letter to you. A writ of execution was filed by you on July 26, 2011. The defendants in this case, James Deitch and Ingrid Deitch, paid the writ in full on September 20, 2011 by way of a check. It is the policy of the Cumberland County Sheriff's Office to withhold payment to a plaintiff for 30 days, pending clearance of the defendant's check. Accordingly, a check was issued to you on October-20, 2011. The writ of execution was closed by our office and returned to the prothonotary's office as "satisfied" on October 20, 2011. Respectfully, / J ? tom, Ronny R. Anderson, Sheriff Sharon R. Lantz, Clerk l t y RRA/srl x h 1 b 4 Of cumbfrl FREY & TILEY ATTORNEYS-AT-LAW 5 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013-3385 ROBERT M. FREY Retired STEPHEN D. TILEY ROBERT G. FREY December 14, 2011 Kreider's Mill P.O. Box 146 Loysville, PA 17047 Attn: Mr. Mark D. Kreider Re: James and Ingrid Deitch Cumberland County Docket No. 2011-5942 45 W. Yellow Breeches Road Carlisle, PA Dear Mr. Kreider: Telephone: (717) 243-5838 Facsimile: (717) 243-6441 Enclosed herewith please find a check made payable _to Kreider's Mill in the amount of $3,023.09, which represents satisfaction in full of the above-referenced judgment. I am also enclosing a document that.you are required to sign satisfying this judgment at the Cumberland County Prothonotary's office. I ask that you sign the said and forward the original back to me in the self-addressed stamped envelope also enclosed. If you have any questions regarding the enclosed, please feel free to contact Attorney Robert G. Frey or myself. Sincerely yours, haron &DeVo4sa SD/mm Enclosures i ? - 1 11 1 ?? r ?.'fi t _e 2 E.. ? V KREIDPR'S MILL, Plaintiff vs. JAMES DEITCH and, INGRID DEITCH Defendants No.8323 P. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-5942 CIVIL TERM PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please have the above-captioned Judgment marked "Satisfied." Plaintiff iticruby ?.,citiliw auit pax lust luluwu alcyuss of the DefenQant is: 45 West Yellow Breeches Road Carlisle, Pennsylvania 17015 Kreider's Mill, Plaintiff ^' x Fri Mi= . _ C'J r7- NN Dated: ILL1 / By: Mark D. Kreidef, President P. O. Box 146 L.oysville, PA 17047 x KREIDER'S MILL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES DEITCH AND INGRID DEITCH, DEFENDANTS NO. 11-5942 CIVIL ORDER OF COURT AND NOW, this 14th day of March, 2012, upon consideration of Defendants' Motion for Liquidated Damages, Plaintiff's Answer thereto, an examination of the record and after oral argument, this Court finds that: 1. Section 8104 of the Judicial Code, 42 Pa.C.S.A. §8104(a) requires that a judgment creditor shall enter satisfaction "at the written request of the judgment debtor, or anyone interested therein." 2. Judgment was entered against the Defendants by Magisterial District Judge Elizabeth Frownfelter on June 9, 2011. 3. A Writ of Execution was filed in the Cumberland County Prothonotary's Office on July 26, 2012. 4. The Cumberland County Sheriff's Department served the Writ of Execution upon the Defendants on August 24, 2011. 5. On September 20, 2011, the Defendants paid off the Writ. 6. On October 20, 2011, the Sheriff of Cumberland County stated "this Writ is returned Satisfied." 7. The statement by the Sheriff of Cumberland County that "this Writ is returned satisfied" did not constitute a written request upon the Plaintiff to enter satisfaction of the judgment. 8. The Defendants through their attorney by letter dated December 20, 2011, did make a written request upon the Plaintiff to enter satisfaction of the judgment (see Defendants' Motion to Make Rule Absolute, paragraph 10, and Exhibit A). 9. Plaintiff did file a Praecipe to Satisfy Judgment on February 14, 2012. 10. The judgment creditor, Plaintiff, did enter satisfaction of the Judgment within 90 days of the Defendants' letter of December 20, 2011. Accordingly, IT IS HEREBY ORDERED AND DIRECTED that the Defendants Motion for Liquidated Damages is DENIED. Kevin Prosser, Esquire Attorney for Plaintiff 400 Market Street Newport, PA 17074 '/ Marvin Beshore, Esquire Attorney for Defendants 130 State Street, P. O. Box 946 Harrisburg, PA 17108-0946 bas eop; es ina, l-ed By the Court, li?, t, UV . M. L. Ebert, Jr., J. C°} c N -TJ En r° c > < >C z ?C:) ? rv -