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HomeMy WebLinkAbout12-0960TH OF PEMMYLVANIA COURT OF COMMON PLEAS Judicial Dim, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 9Nrrti Horh, Tr. 0J -3 AT ? I-No?oroJ?k t'1o?rrk Mar?1n APPELLAPJT. ADDRE'S? 51 J? CITY ATE O 0 CODE DATE OF JUDGMENT IN THE CASE OF IN) 4.0 1/l`1/91 - O*.hn(„ P, k,ftihr re 1 Tr M-Y-01305--w- Lfn-un This block will be signed ONLY when this rotation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. SOW- ofprom- wy-as" Rant was Claimant l: in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after fling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon I'\h P 6JV appellee(s), to file a complaint in this appeal Name of appe1e4s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature ofappebaw orau-y oragow RULE: To appellee(s) Name of appease(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) if you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: C7 20 ?Z LD- Sowtum of ProdwWary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Signature of affiant C= t'r'i '+'F Fri = r ? = -TI R 3> C--? c:i ? QT; r-6 ? t: R COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Floyd Clayton Merris IV, Esq. 50 E. High St. Carlisle, PA 17013 Disposition Summary MJ-09305-CV-0000409-2011 Judgment Summary Participant Barry Horn Jr. Joanna P Kreider Plaintiff Defendant Joanna P Kreider Barry Horn Jr. Joint/Several Liability Individual Liability $0.00 $9,268.93 $0.00 $0.00 Joanna P Kreider V. Barry Horn Jr. Docket No: MJ-09305-CV-0000409-2011 Case Filed: 11/22/2011 Disposition Disposition Date Judgment for Plaintiff 01/17/2012 Amount $9,268.93 $0.00 Judgment Detail (*Post Judgment) In the matter of Joanna P Kreider vs. Barry Horn Jr. on 1/17/2012 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judament Component JointlSeveral Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $9,092.93 $9,092.93 Filing Fees $0.00 $176.00 $176.00 Grand Total: $9,268.93 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 JUDGMENT/TRANSCRIPT 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 IS 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. M Date Magisterial District Judge Mark Martin a rue an correct copy o t e record o the prose ings containing a judgment. Date Magisterial District Judge Mark Martin MDJS 315 Page 1 of 2 Printed: 01/17/2012 9:58:25AM Joanna P Kreider v. Barry Horn Jr. Participant List Private(s) Floyd Clayton Merris IV, Esq. 50 E. High St. Carlisle, PA 17013 Plaintiff(s) Joanna P Kreider 258A North Locust Point Road Mechanicsburg, PA 17050 Defendant(s) Barry Horn Jr. 1359 Kuhn Road Boiling Springs, PA 17007 Docket No.: MJ-09305-CV-0000409-2011 MDJS 315 Page 2 of 2 Printed: 01/17/2012 9:58:25AM Postal (Domestic CERTIFIED MAIL,,., RECEIPT FiLE-O-OFFIGL o 2012 FEB 14 AM 9: 3 8 Ln postage ru ! R CUMBERLAND CUUW Certified Fee;- ? ° t PENN YLyj? 1 A IA Return Receipt Fee Ai?y Posmarkf? r, ° (Endorsement Required) Here Tl ° Restricted Delivery Fee 0 (Endorsement Required) ?Zl ° Total Postage & Fees Is ! ? E nJ E rI !d!'6Nk-A ...kit; ?I rN- Mtc 1.??,; c lb„? . P A I'?U S9 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER Ning of the notice of appeal Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF (A,.. bteL.. ? ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served a copy of the Notice of Ap al, Common Pleas 0 - upon the District Justice designated therein on (date of service) G t 20 i Z ? by personal service 1.7 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) 04%^,w n, ' on Z 1 20_LL ? by personal service by (certified) (registered) mail, senders receipt attached hereto. (SWORN) ??A,?FF,IRMED) AND SUBSCF3IBED BEFORE ME THIS --?! DAY OF -7?e 6- . 20A. ?L Signature ofaf6ant Signature of o rc at before w om affidavit was made Tit! ciat My commission expires on __ 20 ra IN JOANNA P. KREIDER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. CIVIL ACTION - LAW APPEAL FROM DISTRICT JU STIC5 BARRY HORN, JR., JUDGMENT Defendant '`? rsrt NO.: 12-960 - CIVIL TERM car, °?° F: AFFIDAVIT OF SERVICE -<31' <4 .? . o - ? COMES NOW, Paul Bradford Orr, Esquire, and states as follows: --? CD 1. I am Paul Bradford Orr. 2. On this day, February 14, 2012, I personally hand served a De is Notic ppeal in the above-captioned matter on Magisterial District Judge k agi t * 1 District Court 09-3-05 at his office at 2:30 p.m. Dated: V' V u Bradford Orr, Esquire VERIFICATION I verify that the statements made in this document are true Corr t. I un d that false tatements herein are made subject to the penalties of 18 Pa.C.S. § 490 , t' to orn sification to authorities. aoreMOnweo?L1h of riVpENt?sAWI/? t , No" 5W V Ma#w L me Orr, Notary Kbk Paul Bradford Orr, Esquire Cuba am, Cumberland ? 015 Ag1E5 r MORON or W s fal M JOANNA P. KREIDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. • cam-, a NO. 12-0960 CIVIL TERM :z-_ rv - ? BARRY J. HORN, JR., : Appeal from District Justice Judgm :,- c ? Defendant DEFENDANT'S ANSWER TO COMPLAINT AND NOW, this 21" day of March, 2012, comes the Defendant, Barry J. Horn, Jr., by and through his attorney, The Law Office of Paul Bradford Orr, F. Clay Merris, IV and does hereby file this Answer to previously filed Complaint in the above-captioned matter and in support thereof as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Defendant and Plaintiff obtained the loan for improvements on Plaintiff s home and other related matters, not merely for Defendant personally. 7. Denied. See Averment number six (6). Further, if Plaintiff did not intend to be, along with the Defendant, liable for the amount of the loan, she should not have so agreed. 8. Denied. See Averments numbers six (6) and seven (7). 9. Denied. While the Plaintiff consented to the funds being deposited into Defendant's account, they were not used merely for Defendant personally. Defendant and Plaintiff were, in essence, as a long term couple, carrying the same financial load and obligations and the funds were used to aid in improvements/repairs to Plaintiff s home and Defendant's automobile as well as in helping Defendant secure legal representation, with Plaintiff's express agreement, for an ongoing criminal case. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Neither admitted nor denied. 16. Denied. Plaintiff's averment number sixteen (16) grossly misstates the content of the oral agreement between Plaintiff and Defendant. Defendant's making payments on the loan was conditioned on him having occasion to share in the proceeds from Plaintiff's eventual sale of her home in which Defendant was engaged in making improvements. 17. Denied. Defendant's payments on the loan subsided due to the relationship between himself and Plaintiff ending due to Plaintiff's false allegations of infidelity. Defendant no longer had the benefit (indeed, the consideration on Plaintiff's behalf) of sharing in the eventual proceeds of the sale of Plaintiff's home. 18. Denied. 19. Denied. 20. Neither admitted nor denied. 21. Denied. Defendant does not have access to the funds because they were used for the purposes established by Plaintiff and Defendant in their oral agreement. 22. Neither admitted nor denied. 23. Denied. 24. Denied. Respectfully Submitted: LAW OFFICES OF PAUL BRADFORD ORR Date: Y - By: F. Clay Merris, IV, Esquire Attorney for Defendant 50 East High Street Carlisle, PA 17013 (717) 258-8558 ID No.: 309955 JOANNA P. KREIDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 12-0960 CIVIL TERM BARRY J. HORN, JR., : Appeal from District Justice Judgment Defendant CERTIFICATE OF SERVICE I, F. Clay Merris, IV, Esquire, Attorney for Defendant, hereby certify that a copy of attached Answer was served upon the following person at the following address by U.S. Mail, delivered to addressee only: Joanna P. Kreider 258A North Locust Point Road Mechanicsburg, PA 17050 By: F. Clay Merris, IV, Esquire Attorney for Defendant 50 East High Street Carlisle, PA 17013 (717) 258-8558 ID No.: 309955 Dated: ^? 12- 2 JOANNA P. KREIDER, IN THE COURT OF COMMON PLEAS .- Plaintiff, CUMBERLAND COUNTY, PENNS)A94A `=.., V. NO. 12-0960 Civil Terms --<> Er+ BARRY HORN, JR., CIVIL ACTION - LAW 73 , Defendant. © c 72 C) , CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing Plaintiff Joanna P. Kreider's First Set of Interrogatories Directed to Defendant Barry Horn, Jr. upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Paul Bradford Orr, Esquire Floyd Clayton Merris, IV, Esquire 50 E. High Street Carlisle, PA 17013 Date: April JL, 2012 SMIGEL, ANDERSON & SACKS, LLP By: J es R. De mel, Esq. - ID#90918 Jes 'ca E. ercy, Esq. - ID#206405 4431 Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff JOANNA P. KREIDER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-0960 Civil Term BARRY HORN, JR., CIVIL ACTION - LAW ==? Defendant. , e_- ?r CERTIFICATE OF SERVICE _ CD I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned ma*r, krel* certify that I this day served a true and correct copy of the foregoing Plaintiff Joanna P. Kreider's Requests for Production of Documents Directed to Defendant Barry HornJr - First Set upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Paul Bradford Orr, Esquire Floyd Clayton Nlcrris, IV, Esquire 50 E. High Street Carlisle, PA 17013 Date: April 1 , 2012 SMIGEL, ANDERSON & SACKS, LLP By: J es R. D morel, Esq. - ID#90918 J sica E ercy, Esq. - ID#206405 443 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff SM161-4- A*,,IDF.RSON & SACKS, LLP 34 1 T,.?,)rtl- 1-r;.,ni Street Plaintiff, B-,'iR'? Y I F Wv. JR. Defendant. Jarnes tL, Oemmel, Esq. t2nm-el ii?sasllp.com kssica F, Mercy, Esq. u`sasllp.com IN LH1 COURT OF COMMOil-, CUMBERLAND COL_ NLY. PF` ?'?`'f '' 1N1A NO 12-0960 Civil Tcr,n CIVIL ACTION- LA`,A 1LAINTIFF'S MOTION 'CO COMPEL DEFENDANT'S RESPONSE TO, PLAINTIFF'S FIRST SET OF INTERROGATORIES AND _ REQUEST FOR PRODUCTION OF DOCUMENT'S - Is SF-1 NM COMES. Plaintiff Joanna P. Kreider, ?,v and thrwigh her Andti on h?_ Sacks. 1,1.11. who files this Motion to Compel Defendant s Respon?-c 'Ix tit's First ,?,,,t (,t irttcrrogatorie.s and Request for Production of Docuntent,? suppc l , a, ,, ,llo« s Defendant initiated this action on or about February 14. 201 ` b,, Ii ', ?1 °S'once of Appel. 1'roi, District Justice Judgment. t )n or about March 2, 2012. Plaintiff filed a Complaint setting 16-1- .;ir -s of actwi? '(n- b:.°ach of contract and unjust enrichment. Defendant filed an Answer to Plaintifl` Complaint on or about '\1w- 2012. i ltc pleadings in this matter are closed (In or about April 11. 2012, Pllaintiff served a i,irst Set of Interr:7l,a : r . tnd Recita, l f'(?r 'rodt_,ction ol'Documents - I" Set on Delendant r)N mailing the sarm.. ?,, i, _ ' class, I:nitcc St,?.t, ; :ti'lail, postage pre-paid addressed to Defendant',; counse! as follov, Paul Bray lord Orr. Fsquire Floyd Clayton Merris 11 . F,quire 50 1 High Street Carlisle, PA 1 701 6 Chi or about April 12. 2012. =Plaintift'f lec the Certi fic,ite for the f ,? ?? of hvrem-Oat( rtes and the Certificate of Service for the Pcquest for Production Of ')eA' t,mants - l S` Set. \s of this date, Defendant has failed to respond to either the Fir<? l;,.; I Inten k tgatories or the Request for Production of Documents -- 1" Set. 3 Iefendant has also failed to timely, or xherwise_ ohject to Plaint41- , _n)wanding > t'laintitt's counsel has been in contact ,yith Defendant's counsel h, ,cte?)hone seek i 1,i 0 is , es ionses to the outstanding discovery rcque ts, or at the D err 1 1st crtain as discovery responses would be forthcoming 't f )efendant's counsel has neither provided responses nor a dare 1. 1111 such 1VTO1sc? v.;?uld he propouna.ed. \11 the information requested in the First Set of Interrogatories arui 11cq _rest for Proc+t-t t1O 111 1ocuments - 1s' Set is discoverable. \1oreover, Defendant has waived any right to object tct the intern set forth: 11 tle " ire-t Seto f Interrogatories or an,,, of the &cument requests set forth ,t h,, 'Z:-,quest for Pr du,,t n ,al'Documents - I'` Set as Defendant tailed to make a t.melti ohtc..t ?? ),Aendant has waived all objections h\ failing to makc such oh!,.- t ?, , N ithin 30 days served with the First Set of Interrogatories and Request for Pr'odm.!i > Doct.mrenis I"I Set as required by the Pennsylvania Mules ofCiviI Procedure 2 l \ccordingly, Defendant should be cornpel led to produce all doerin-!cl a tmd respci (Ito 111 interrogatories asset forth in Plaint ifl,s First Set of Interrogatoriew riitl FCquest for Pn.rl?,.:tRin i I' I)ocuments - 1"` Set. 1 \s Defendant has not only tailed to provide anti discm,ery respor: ,c ,, b.i also failec ''o pr ?.ide any objections to th?.? outstanding discos ery requests. Defen&w; d he cormp,Te.t produce both the responses to the First Set ot' Interrogatories inc the lo(,wnents in tespc? se °c? he Request I'or Production of Documents 1" Set Nithout objecti;ll; 1 t Pi-r Rule 2083(x)(2), Sao prior orders have been issued nor has > ! Add. x, Frei iously beer:ssi;r?:d to this matter. JV l 7! R}-FORE, Plaintiff .loanna P. Kreider respectfully requests that thi- I 1 _mo -,&le Coin ?nt,,r in Order compelling Defendant Ban-, 1-lorn, Jr. .to immediately respt?ri i hr,ut obiec i'n ( Lhc outstanding First Set of Interrogatories and Request f.)r Product -) Doc i i;eni? I' Set directed ro Defendant Barry I Ion , Ir, on or about Apri1 I. Respectfully submitt,°d. SMIGEL, ANDERSON & SACKSa LLP Data 1a, OI ' Bv: '..: James R. D?nnncl. Esq, - 1; )7-.00918, Jcssi:a I:: "Mercy Esq. 1 f ):: 1I (,-I( 4431 North Front Street I l rrrisburg, PA 1 711 0-' 7-7 (`7171 234-2401 A00! Y?SI:` lo,- Pl(7"wiff JOA ?_'; 1 KIUM)FR, IN TIT CO[1F:T OF' CONIVIOI'v P l. ?. : Plaintiff, CUMBI;RI_AND COUNTY, PI-_',A,;y 1 VANIA NO. 12-0960 Civil 'Term 11 1I l' Y ] 1( F?N J R- 'J- JION - LAN'`v Defendant. CERTIFICATE OF .SERVICE 1. ?ai,,,ie? R. Demmel, Esquire, attorney for Plaintiffin the above-captiom-(ci -la:rt°cr. hereby certil', 1111t this day served a true and correct copy of, the forcgoing PlainnW Motion to Come c 1 )t t mclant"s Respotlse to Plaintiffs First Set, of Interrotiatorles ?indl ('quest for ProdLI,,ti0111, of Documents - 1_` Set upon the person(<-) indicated belov', by deny>? !m,-, ;opy of' the ?a w 'n !.he t'nited States Mail, postage prepaid it Harrisburg. Pennsylvami i i-c-'? addressed as l l \? Paul Bradford Orr, Esquire 50 L High Street Carlisle, PA 17()t SMICEI_, ANDERSON & SACKS, LLP 1 Date x'01 P_ B?: James R. lbernme, Esq - Il )vc Q()1 Jessica F'NIerc,,Esq. IDr= ?i,?l??. 4.43-1 North Front St:reei Harrisburg, PA `7110-17`8 (717', 234-2401 .41"01-17eY., for Pi41i17tiff JOANNA P. KiREIDER, Plaintiff V. BARRY HORN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 0960 CIVIL TERM ORDER OF COURT AND NOW, this 1sT day of JUNE, 2012, a Rule is issued upon Defendant to Show Cause why the requested relief should not be granted. Rule returnable twenty (20) days after service. By, the Court,) f= Edward E. Guido, J. ? James R. Demmel, Esquire ? Jessica E. Mercy, Esquire 4431 North Front Street Harrisburg, Pa. 17110 i/ Paul B. Orr, Esquire 50 East High Street 7U w,_ r Carlisle, Pa. 17013 :sld.or/'',c'S 3 JOANNA P. KREIDER, Plaintiff, V. BARRY HORN, JR., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12-0960 Civil Term CIVIL ACTION - LAW ORDER AND NOW, this e day o , 2012, upon consideration of Plaintiff Joanna P. Kreider's Motion to Make Rule Absolute, it is hereby ORDERED that such Motion is GRANTED and Defendant Barry Horn, Jr. is directed to respond without objection to Plaintiff Joanna P. Kreider's outstanding First Set of Interrogatories and Request for Production of Documents - I" Set directed to Defendant Barry Horn, Jr. within ten (10) days of this Order or be subject to the penalties of this Court. J. Distribution: ? James R. Demmel, Esquire, Jessica E. Mercy, Esquire, Smigel, Anderson & Sacks, LLP, 4431 North Front Street, 3rd Floor, Harrisburg, PA 17110 Paul Bradford Orr, Esquire, 50 E. High Street, Carlisle, PA 17013 "J.4 7/q//0- 3 N . , = cm < `yD>? - ! C C:) JOANNA P. KREIDER, Plaintiff, V. BARRY HORN, JR., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12-0960 Civil Term CIVIL ACTION - LAW ORDER AND NOW thisA?- ay of J Gc.6 -72012, upon consideration of Plaintiff s P?- Motion for Sanctions, it is hereby ORDERED that the Motion is GRANTED,. 144 doom sk&4 be 20+-2 O.det. Defendant shall abwbe precluded from introducing into evidence at trial any of the information that would have been contained in Defendant's responses to Plaintiff's First Set of Interrogatories or any of the documents that would have been produced by Defendant in response to Plaintiff s Request for Production of Documents - 1St Set to establish any factual or legal defense that Defendant may have to Plaintiff s causes of action. ' i in connection with me in -,mTA%-fMS=Me5ttonreys TM St rrrrerrvgawiiw zu,u , C E7 G7 "+ f l + C4 J. m : C tl C-D fZ Distribution: James R. Demmel, Esquire, Smigel, Anderson & Sacks, LLP, 4431 North Front Street, 3rd Floor, Harrisburg, PA 17110 ? Paul Bradford Orr, Esquire, 50 E. High Street, Carlisle, PA 17013 t @op;cs m,, k-j V-1/a- AV& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNA P. KREIDER Plaintiff NO, 12-960 2012 VS. C: BARRY HORN, JR. RULE 1312-1 Defendant The Petition for Appointment of Arbitrators shall be substantially in th Following form: ;;r-' C-2, PETITION FOR APPOINTMENT OF ARBITRATORS -?' TO THE HONORABLE, THE JUDGES OF SAID COURT: James R. Demmel, Esquire and Smigel, Anderson & Sacks, LLP e counsel for the plaintiff/defendant in the above 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 $ 9,537.61 The counterclaim of the defendant in the action is 0 jTj-- G--) The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Paul Bradford Orr, Esquire and F. Clay Merris IV, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfu submi ? S f-DGWR-IE ?. ? I ?.01 Z LI4 31 1? CV,&v'f 5f t4Wtt4-F6, Pty i 11) (-A-)) Z 3y-vf°1 ORDER COURT M-?"-'Zj S 1-r ('' AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.J a LV .5o PD AIT%( '1?7 JOANNA P. KREIDER, Plaintiff, V. BARRY HORN, JR., Defendant. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-0960 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, h certify that I this day served a true and correct copy of the foregoing Plaintiff's Petitic Appointment of Arbitrators upon the person(s) indicated below by depositing a copy of the in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as fol Paul Bradford Orr, Esquire 50 E. High Street Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS, LLP Date: August , 2012 By: Jam R. De el, Esq. - ID#90918 4431 ront Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff w JOANNA P. KREIDER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-960 2012 VS. BARRY HORN, JR. RULE 1312-1 Defendant r`; v The Petition for Appointment of Arbitrators shall be substantially in theme C71 Following form: PETITION FOR APPOINTMENT OF ARBITRATORS 4 r-. a o=? O TO THE HONORABLE, THE JUDGES OF SAID COURT: James R. Demmel, Esquire and Smigel. Anderson & Sacks, LLP counsel for the plaintiff/defendant in the above 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 $ 9537.61 The counterclaim of the defendant in the action is 0` The following attorneys are interested in the case(s) as counsel or are otherwise disqualif ::V-0 sites ; ,.. as arbitrators: Paul Bradford Orr, Esquire and F. Clay Merris IV, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators-13 , whom the case shall be submitted. S?,IC.>4k, t iu-.O t-MXu,,L. LO Respectfu submi J"'NW5? (_-DG4/v-t--r&SaI 2.a Z q(4 31 .f\K4e, of 5T-. v(MR S6-4,?Ai'111o 2 3y-Zy-l ORDER COURT m.},'j")S ?rloL?4v AND NOW, 13 200A in consideration of the foregoing petition, A" Esq., and Esq., and ??) Q Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, /l'44, Ke A Hess, P.J. a8. 5o Po A7N JOANNA KREIDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 12-0960 CIVIL BARRY MORN, JR., Defendant ORDER AND NOW, this 2 3"j day of August, 2012, the appointment of Erin Tate, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Kenneth J. McDermott, II, Esquire, is appointed in her place. BY THE COURT, Kevin A. ss, P. J. Ron Turo Esquire , Chairman C/ Court Administrator - G G, -? t :rlm ?y0y rQ SMIGEL, ANDERSON & SACKS, LLPt?^ ~ ~(~ P~~ 1 NtJAIt)~~,;~: Y 443 ] North Front Street l~~ ~ ~ ~4~ _2 ~~ ~, ~ ~ Harrisburg, PA 17110-17'8 c. ~ (717) 234-2401 ~;UMBEPL,~~~1 ~.L~~J3~;~ PEt~HSYLVkNi~a JOANNA P. KREIDER, Plaintiff, v. BARRY HORN, JR., Defendant. James R. Demmel, Esq. jdemmel@sasllp.com Attor•ney~ for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-0960 Civil Term CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF JUDGMENT UPON ARBITRATION AWARD PURSiJANT TO PA. R.C.P. 1307(c) TO THF, PROTHONOTARY: Please enter judgment in favor of Plaintiff Joanna P. Krieder and against Defendant Barry Horn. Jr. in the above-captioned matter pursuant to the attached Arbitration Award entered on October %, 2012. Please enter judgment in the amount of $9,854.00 plus costs of suit, court costs. and Sheriff s costs, and interest. at 6% from July 22, 2011. Date: Noeember 2, 2012 Respectfully submitted, SMIGEL, ANDERSON & S~~ILLP -~ I ~'Fx~ J es R. De mel, Esq. - ID#90918 4 31 Nort ront Street Ha g, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff ~~v~~ ll~ . s~~d a ~~ZB asg r I ~,~~~ ~ Mc~,~~~ SMIGEL, ANDERSON & SACKS, LLP 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 JOANNA P. KREIDER, Plaintiff, v. BARRY HORN, JR., Defendant. James R. Demmel, Esq. jdemmel~sasllp.com Attt~rnev for Plaint IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-0960 Civil Term CIVIL ACTION -LAW NOTICE OF FILING JUDGMENT (Pa. R.C.P. 236) TO: Barry Horn, Jr., Defendant c/o Paul Bradford Orr, Esquire 50 E. High Street Carlisle, PA 17013 YOt1 ARE HEREBY NOTIFIED THAT ON NOVEMBER 2, 2012, THE FOLLOWING JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE-CAPTIONED CASE: A JUDGMENT IN THE AMOUNT OF $9,854.00 PLUS COSTS OF SI1I"I' INTEREST AT THE S"I'ATUTORY RATE FROM JULY 22, 2011. DATE: It ~ ~ ~'°~ Prothonotary, Cumberland County Attorney for the Plaintiff certifies that the name and address of the proper person to receive this notice is: Paul Bradford Orr, Esquire 50 E. High Street Carlisle, PA 17013 (Attorney for Defendant) SMIGEL, ANDERSON' & SACKS, LLP 4431 North Front Street Harrisburg, PA l7l 10-1 ?78 (717) 234-2401 JOANNA P. KREIDER, Plaintiff, v. BARRY HORN, JR., Defendant. James R. Demmel, Esq. jdemmel@sasllp.com Atrornev for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-0960 Civil Term CIVIL ACTION -LAW AFFIDAVI'C OF NON-MILITARY SERVICE Commonwealth of Pennsylvania ) County of Dauphin ) Before me personally appeared James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, who, being duly sworn or affirmed according to law, deposes and says that that the above named Defendant is not in the military service of the United States of America.. and that he believes the Defendant has a current residential address of 341 North Hanover Street, Carlisle, Cumberland County, PA 17013. Sworn and subscribed before me this ) ) • ._7_ day of November, 2012. ) Notary Pubic ~~ ~ ~ ) ~~ ._. tr~M~I~nw~-~ a~ t#_ ~~ _ _ .__. Notarial Seal Vicky 1. Fitz, Notary Public Susquehanna 7wp., Dauphin CAUnty My Commtsslon Expires lan. 6, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES N AJ y' ~ In the Court of Common Pleas of Cumberland Plaintiff J l -_5..1_,L!'~~ y ,~ , County, Pennsylvania No. / Defendant Civil Action -Law. Oath We do lemnly swear (or a hat we will support, obey and defend the Constitution ofthe United States and t C st' t' s Commonwealth and that we will discharge the duties of our office with fidelity. ~. re ature ignature ti ~~ O ~(er ~ /'''`Qe~~dff" ~4dc+.~ 12 ~ ~e~ycc~ (Chairman) Name Name alt/?~ ~Ota~~'/SG~'r~ Law Firm Address/ / City, Zip S -l 4tr1 k Klr 1,/, ,~ f t p r 5 Law Firm Address (L ~pr ~ ~~ Law Firm Address a •!1 P~ I~Or ( ~.~rldSl.C„_,t ~~ C7oi3 City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following /~ award: (Note: If daamages for dela are awarded, t/hey shall be separa~t ly stated.) W ~ ~ f' .~ ~ ~ ~ ~~~~s ~ -1~~a~-, wy~ awl, ~o~i. / .Arbitrator, dissents. (Insert name ~f applicable.) Date of Hearing: ~ ~ Date of Award: /~ 01 ~~ ~' (Chairman) ,,N--op~tic"~e of Entry of Award Now, the o7~ _ day of oC.llofi~Gt , 20~^, at ~-' 30 /4 .M., the above award was entered upon the docket and notice thereof given by mail to the parties or~their attorneys. Arbitrators' cor~ensatie~ to be paid upon appeal: $ y/(~, .ST> By: Prothonotary Deputy ' i'L.1.~~~`~ F ~4t. 2~l°2 QCT -2 AM ~~ ~~ l~c~tl ~+ JOANNA P. KREIDER, Plaintiff, v. BARRY HORN, JR., Defendant. CERTIFICATE OF SERVICE [, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, hereby certify that I this day served a true and correct copy of the foregoing Praecipe for Entry of Judgment upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-0960 Civil Term CIVIL ACTION -LAW Paul Bradford Orr, Esquire 50 E. High Street Carlisle, PA 17013 Attorney for Defendant Date: November 2, 2(112 By: SMIGEL, ANDERSON & SACKS, LLP James .Demmel, Esq. - ID#909] 8 4431 orth Front Street arrisburg, PA 17110-1778 (717)234-2401 Attorneys, for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMNIONWEALTFI OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2012-960 Civil CIVIL ACTION - LAVb' '1'O THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debbt, interest and costs due JOANNA P. KRIEDER Plaintiff (s) From BARRY HORN, JR. - 341 NORTH HANOVER STREET, CARLISLE, PA 17013 (I i You are directed to levy upon the property of the defendant (s)and to sell All personal property located at 341 North Hanover Street, Carlisle, PA 17013 and 1359 Kuhn Road, Boiling Springs, PA. 17007, including a red 1993 Honda Del Sol car (VIN# JHMEH6160PS016894) and a black 1998 Yahama R1 motorcycle (VIN# JYAPR02N6WA000469), and all 1:ools, IPad, AppieTV, and laptop computer. . (? ~ You are also directed to attach the property of the defendant(s) not levied upon in the possession of G,ARNISHEE(S) as follows: All bank accounts, checking accounts, and saving account held by Garnishee Members 1'` Federal Credit Union, 1711 Spring Road, Carlisle, PA 17013 for Defendant Barry Horn, Jr. 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 thr defendant (s) or ol:herwise disposing thereof; (31 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 ~~arnishee and is enjoined as above stated. .Amount Due $9,854.00 L.L. $.50 Interest 5766.26 Att}''s Comm °o Due Prothy $2.25 Atty Paid 5180.00 Other Costs $371.50 Plaintiff Paid Date: 11i6i2012 ~~ ~, David D. Buell, Prothonotary /~ Deputy RLQUhS I ING PARTY: Name :JAMES R„ llEMMEL, ESQ. Address: -3431 N. FRONT STREET, 3FD STREET HARRISBURG, PA 17110 Attorney fir: Plaintiff T'elephonr: 717-234-2401 Supreme Court ID No. 90918 IN THE COURT OF COMMON` PLF,AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION .> r..a PRAECIPE FOR WRIT OF EXECUTION <'= :~=' Joanna P. Krieder Plaintiff vs. Barry Horn, Jr. Defendant Address. 341 North Hanover Street Carli~~sle, PA 17013 TO THE PROTHONOTARY OF THE SAID COURT: Confessed Judgment ^~ C-ther File hTo. 12-960 Civil Term ..-O _?. r*z ~' rT't ~^~= ~" r- ~._~~. N ~ .:~ "~ ~+ Amount Due $9854.00 ~ ~ - ~-' a= ~ Interest $766.26 ~"" ~~~ . _~ _ r.- '~ - Atty"s Comm --- __-- - ~. '_ costs $371.50 The undersigned hereby certifies that the below does not arise out ~of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1'966 as amended; and for real property pursuant to Act 5 01' 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland Cow~ty, for debt, interest and costs, upon the following described property of the defendant (s) All personal property located at 341 Norfh Hanover Street, Carlisle, PA 17103 and 1359 Kuhn Road, Boiling Springs, PA 17007, including a red 1993 Honda Del Sol car (VIN# JHMEH6160PS016894) and a black 1998 Yamaha Rl motorcycle (VIN # JYAPR02N6WA000469), and all tools, IPad, AppleTV, and laptop computer. PRAECIPE. FOR ATTACHMENT EXEC[TION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) All bank accounts, checking accounts, and saving accounts held by Garnishee Members 1st Federal Credit l.; uion, 171 1 Spring Road, Carlisle, PA 17013 for Defendant Barry Horn, Jr. :md all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) index this writ against the garnishee (s) as a li en ag 'ns al estate ~f the defendant(s) described in the attached exhibit. ~~~ Date 11-05-2012 _ Signature: ____ ~~q• Oo Pd f~f~y~ PrintNatne: (Jame R emmel, Esq. Q 3 . -5 D C °~ F Address: \'~~ N. Front Street, 3rd Floor ~$ •.Sb `r Harrisburg, PA 171 10 '6• 'S ° '~ Plaintiff ~.~• ~ ~ ~~/~° ~ Attorney for: e~3~6~8 Wrl f -- ~ .~ Eh ~~~ 1~sUP~ Telephone: (717) 234-2401 Supreme Court ID No: 0091 8 _,_, r~ ~ r`;i ca °, '.'~ t -.' fit -v~~. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ~- rd ~'- `-:' Chief Deputy _ '~ -~ "'' ~~ rye...., ....... ~, ~ ; , .-. r-E'; _ Richard W Stewart ~ ~ --mac _ -*~; ;~ Solicitor - r- ~ Y~ mn 3' C°:• ~"- cw, ~ c-<< ~ ~~ ~-' Joanna Patrice Kreider °°~ Case'ldurrr vs. 201 ~-960 Barry Horn SHERIFF'S RETURN OF SERVICE 11/28/2012 02:37 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 28, 2012 at 1437 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Isaac Udotong, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, by handing to Brian Peters, Branch Manager, 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 him. ~~ RYAN BURGETT, DEPUTY SO ANSWERS, November 29, 2012 ~`~`~.. RON R ANDERSON, SHERIFF ~'~° i r~aE r r~wa r I-ii~t~~J r~~i, T~, , SMIGEL, ANDERSON & SACKS, L.L.P. ~ ~ ~ ~C L _ ~ James R. Demmel, Esquire River Chase Office Center L ~y~ ~ j ; j ~ jdemmel@sasllp.com 4431 North Front Street, 3rd Floor , Darryl J. Liguori, Esquire ~. ~ j" ~ M: '~ r dliguori@sasllp.com Harrisburg, PA 17110-1778 ,• ' ~ ~ ~. ~i ~'~d C~ f,~~! T Y Attorneys for Plaintiff (717) 234-2401 ~" ~ 1 ~, ~S Y~ VA ~~ ~ A JOANNA P. KREIDER, Plaintiff, v. BARRY HORN, JR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-0960 Civil Term CIVIL ACTION -LAW Defendant. ~(1SW~r S '~*o INTERROGATORIES TO THE NAMED GARNISHEE TO: MEMBERS 1sT FEDERAL CREDIT UNION 1711 Spring Road Carlisle PA 17013 Garnishee 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 judgment against you. 1. At the time you were served or at any subsequent time did you owe the Defendant Barry Horn, Jr. any money or were you liable to the Defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendants for any reasons? n 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 any property of any nan ~ owned solely or in part by the defendant(s)? 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 the defendants or in which defendants held or claimed any interest? ~,o 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendants had an interest? n 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? n 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendants or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendants against you? ~~ ,~ ~O~j Cam` 2,~ Z,p~~ 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant 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. j ~.~ _ `/ ~ ~,ph,~~1 ~, I ~~ 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant 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 monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. ~~ ~ Chee~c~~ and- SaU~~s 9. As of t e date of service of these Interrogatories, please identify all accounts and all account balances for each account in the name of Defendant. Cn~e~u~~ ~ ~=8~ Respectfully submitted, ~.v~, ~s ~ ~ ~ o~ SMIGEL, ANDERSON & SACKS, LLP Date: ~ f l ~ l l 1.- By: ames R. emmel, Esq. - ID#90918 ase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff ~D~i 2~?Q,? a JOANNA P. KREIDER, Plaintiff, v. BARRY HORN, JR., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-0960 Civil Term CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing Interrogatories to the Named Garnishee upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Members 1St Federal Credit Union 1711 Spring Road Carlisle, PA 17013 SMIGEL, Date: ~ ~ I ~ i IZ-- & SACKS, L.L.P. By: Y ~-----~ J es R. morel, Esq. - ID#90918 D iguori, Esquire - ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff 892pJZ In the Court of Common Pleas of V>O�n� R(IOGJ Cumberland County, Pennsylvania Hex hani t "' OSLO No. tl- 940 0 Civil Term vs CAI ---i = --r-j-j -<> 3L41 N"' tAanovtc Sh-eA-�- --4 rj c-J PRAECIPE p- c, "" ...<' 44,s- ccn - u-fcryl IACxi o,,#J 2OS IF 2.5`U Cy-- (VINft j -FTS-X,;JP4,S-E& IIe>OS 0-*f�(Cql 6L ce OY-I David D. Buell,Prothonotary 20 Attorney Info: Z"�L'�-'~ `—� !�a 'AAW�f�Plaintiff SHERIFF'S OFFICE OF, CUMBERLAND COUNTY Ronny RAnderson Sheriff rriAr ai t"ar�i�t+ea r�,� U"- (rHI E P } i J 134 r i,"l I i`s Jody S Smith r ' Chief Deputy ^� ? iUUrj 10 P Richard W Stewart C M EPLANO C0U y Y Solicitor OF iCE CsFTW -F;IFP PENNSYLWA��9A Joanna Patrice Kreider Case Number vs. 2012-960 Barry Horn SHERIFF'S RETURN OF SERVICE 11/28/2012 02:37 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 28, 2012 at 1437 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Isaac Udotong, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, by handing to Brian Peters, Branch Manager, 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 him. 11/29/2012 Levy not completed at 1359 Kuhn Road, Boiling Springs, PA 17007-defendant is not permitted to be at this address as part of his bail conditions; no property located there. 11/29/2012 01:15 PM -William Cline, Deputy , being duly sworn according to law, states that on November 29, 2012 at 1:15 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: Barry Horn at 341 N. Hanover Street, Carlisle Borough, Carlisle, PA 17013, 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 11-30-12. Also accompanied defendant to his attorney's residence and levied upon Yamaha motorcycle. 12/10/2012 Claim for exemption filed December 10, 2012 at 1515 hours. Taken to Court Administration to schedule a hearing. 12/12/2012 ORDER OF COURT And now, this 12th day of December, 2012, a hearing on the Claim for Exemption is scheduled for Monday, December 17, 2012 at 3:00 p.m. in Courtroom#3 of the Cumberland County Courthouse, Carlisle, PA 17013. By the Court, Edward E. Guido, Judge 12/17/2012 Claim for exemption hearing held; court order to follow. 12/19/2012 IN RE: CLAIM FOR EXEMPTION ORDER OF COURT And now, this 17th day of December, 2012, after hearing, the Claim for Exemption is granted as to Account Number 328618 at Members 1st Federal Credit Union and as to the Apple iPad. It is denied as to the 1993 Honda Del Sol and the 1998 Yamaha R1. By the Court a ���� • �' Edward E. Guido, Judge 05/07/2013 Writ re-issued this date. (c)CountySuite Sheriff,Teleosoft.Inc. 7 0� �'7 -0508/2013 01:20 PM-Deputy William Cline, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form hma Rerson representing themselves hobe Paul Orr, who accepted as"Adult Person in Charge"for,th6 within named Defendant,to wit: Barry Horn at 50 E High Street, Carlisle Borough, Carlisle, PA 17013, informed person of contents of same and levied upon personal property located ot341 N Hanover Street, Carlisle, PA17O13.. specifically an Ford F250truck. Barry Horn was personally served a copy of the writ and notice on May 21, 2013 @ 1300 hours by Deputy Hoover. Horn was served at the Cumberland County Prison, 1101 Claremont Road, Carlisle(currently serving n sentence ono criminal mo8or). Horn was also served with e copy of the sale bill and the payoff amount. 85/22/2013 02:41 PyN-Deputy Ronald Hoover, being duly according to law, states service was performed by � posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 341 N. Hanover Street, Carlisle Borough, Cadis}a, PA 17013. Cumberland County. 05/22/2013 03:29 PM-Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located atG1S Sutton Drive, Carlisle Borough, Carlisle, PA17013. Cumberland County. Mr. On^s property was found tobo vacant and up for sale, 06/10/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ cf execution is returned anSTAYED. Defendant entered into Chapter 13 bankruptcy; docket number 1:1 3-bk-03044. 8HERUFF COST: s2O0.0O SO ANSWERS, June 10. 2O13 RONWR ANDERSON, SHERIFF . I JOANNA P. KREIDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BARRY J. HORN,JR., : NO. 2012-960 CIVIL TERM Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above captioned Judgment"Satisfied and paid in full." DATE: � � �� etkel, Atto for the Plaintiff DATE: fvlll aul Bradford Orr,Attorney for the Defendant co { C) 5,(= " M1 Oyu JOANNA P. KREIDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION- LAW C: BARRY J. HORN, JR., NO. 2012-960 CIVIL TERM -o:x M Defendant z:CD m C= r- -<> co C C-D PRAECIPE TO SATISFY JUDGMENT c)—i TO THE PROTHONOTARY: Please mark the above captioned Judgment"Satisfied and paid in full." DATE: Robert Kulling, Witness DATE: A A JA oatVa P. Kreider COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ON THIS, the 12th day of July, 2013, before me, the undersigned officer, personally appeared Joanna Kreider, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONmtEALTH OF PENNSYLVANIA F7Notarial seal Mary M.Price,Notary Public Notary Pu iC cariiste soro,Cumberland county My CmnrnWon Expires Aug.18,2015 CC: James R. Demmel, Esquire MEM0Fqk;;;;;;;;pEENNSWMANTA111111 AS ON OF NarAKES