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HomeMy WebLinkAbout01-03090 _~ _ l, ~ ~ ' ~~ ..-' <',.I ~~. ",,-, '!W;,~,t MICHAEL MCCLURKlN and WILLIAM C. SHADOW, II, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOSEPH O. KALWAYTIS and RENEEE. KALWAYTIS, his wife, d/b/a KALWA YCO, : NO. 01-3090 : JURY TRIAL DEMANDED Defendants. PRAECIPE TO ENTER .JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment of default in favor of plaintiffs Michael McClurkin and William C. Shadow, II and against Defendants Joseph O. Kalwaytis, Renee E. Kalwaytis and Kalwayco, for failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant Joseph O. Kalwaytis was served with the complaint on May 24,2001 and defendant's answer was due to be filed on June 13, 2001. Defendant Renee E. Kalwaytis was served with the complaint on May 30, 2001 and defendant's answer was due on June 19,2001. Defendant Kalwayco was served with the complaint on May 30,2001 and defendant's answer was due on June 19,2001. Attached as Exhibit "A" is a copy of plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by certified mail, return receipt requested, on June 14, 2001 to the defendant at his last known address and was received by Joseph O. Kalwaytis on June 18, 2001, which is at least 10 days prior to the filing of this Praecipe. Attached as Exhibit "B" is a copy of plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by certified mail, return receipt requested, ""',- - ~ -. "~" ~~ ~-- "___~.,,-t on June 21, 2001 to defendant Renee E. Kalwaytis at her last known address, which is at least 10 days prior to the filing of this Praecipe. Attached as Exhibit "C" is a copy of plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by certified mail, return receipt requested, on July 17, 2001 to defendant Kalwayco at their last known address, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment against defendants Joseph O. Kalwaytis, Renee E. Kalwaytis and Kalwayco in the amount of Fifty Six Thousand Three Hundred Thirty Five Dollars and Twelve Cents ~$56,335.12), Forty Eight Thousand Three Hundred Thirty Five Dollars and Twelve Cents ($48,335.12) plus statutory interest at the rate of six percent (6%) per annum, attorneys' fees, and costs, in favor of plaintiff William C. Shadow, II, and Eight Thousand Dollars ($8,000,00) plus statutory interest at the rate of six percent (6%) per annum, attorneys' fees, and costs, in favor of plaintiff Michael McClurkin. James J. Kutz, Esq. Attorney LD. No. 21589 Robert A. Quigley, Esq. AttorneyLD. No, 79186 DUANE, MORRIS & HECKSCHER LLP 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5500 Attorneys for Plaintiffs Dated: July 31,2001 \, I ~ -^ ; I ~ "2" ~". .- . ' MICHAEL MCCLURKIN and WILLIAM C. SHADOW, II, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOSEPH 0, KALWAYTIS and RENEEE. KALWAYTIS, his wife, d/b/a KM-W A YCO, : NO. 01-3090 : JURY TRIAL DEMANDED Defendants. IMPORTANT NOTICE TO: Joseph O. Kalwaytis Federal Prison Camp - Allenwood P.O. Box 1000 Montgomery, PA 17752 Defendant DATE OF NOTICE: June 14, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA YBEENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOTHA VE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 J- Robert A. Quigley, Esquir Attorney ID No. 79186 DUANE, MORRIS & HE 305 North Front Street P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5514 Attorneys for Plaintiff "--',,,,,.. ~, c~ '^ ~t,!Ill!ElI,L .i--. ..<.',-;,...----.,', .,--.'.,,-. ,. ~----'--~-~-'.' ----,-_.._'-'---~~- -,----- .._~ -,.-.---.-.' r^--~..-.--,..-<.,',.-'- ~.':;>.",~,'A:",:.::.:.;.'..\.~ "".;";.,.,;,~;",,.,;.,.<.,".#'.'..'~.}.i.:ti' · ~omplete ~~s .1.. 2, a~d 3. !'lso <:<>mplete ...... :' '::~"'.:',"f<C!'''",i:.,.,w", ~em 4 ff Restricted Delivery IS desired " : ," ',''-' -. .' \ . f>rint your name ,and address on the ~verse .. ! so that we can return the card to you. 1 . Attach this card to the back of the mail piece, ..or on the front if space permits. 1. Article Addressed to: I . loseph O. Kalwaytis .\'ederal Prison Camp-Allenwood , J'O Box 1000 1bntgorrery, PA 17752 1 .t~i~~i c. Signature "j(' D Agent D Addressee DYes DNo 0, Is delivery add different from item 11 If YES, enter delivery address below: 3. Service Type ~fied Mail ~egistered D Insured Mail D Express Mall D Return Receipt for Merchandise DC.Q,D. 4. Restricted Delivery? (Extra Fee) DYes 3") <.0 '6 ~ :i-\;:-::;:;:::~"h';'itr";"'i'1';" .~qN5<t(O~-5rv()/abeb)~'3 <)\.t05: .. , PS Fonn 3811. July 1999 Domestic Return Receipt I , ,: ; L_~ .' . . ,. ~. -' " '.' . -. ":-<; ,"- .,,::-:.'i,,~:'C:-:::""'o~~'>.S~;;ii" -:.'~' =''>;<'-''7'."~,,,~,,,,-=,,~~=,'"?::r:''_<,-, 102595.{)().M.0952 ;",~lit~ . . - .. -,' .~ ~:':';~:::;::-'~~7--.;;_=~~:_,~-~"".~?-~.:<-,;';:..;::.~.;;'.~.;;'~J;;"; , '\_' ~ "~-"."5:f...{_t;:,C'~_.:,,~ CJ ru ~ .'j"c;;e;.gs Nhe /l...~\ Print CIOarly.1i"o be completed by mailer) ~ __,_____\_XMtJ-:()J~ '" ______..__. J. o re N'f. .; or PO Box No. ._._______~n___.._______.~~_ I g ___ _Jr1<;'~41e~L\)o'?[')~ 'I~ ' I'- City, fe,!fP. :m~~--l.~--------- rn ...II U'] rn U'] ...II ,.., t:I Posta.ge $ .C;Elftlfled Fee rn Return Receipt Fee ru (EndotSement Required) o Restricted Delivery Fee o (Endorsement Required) 'Total_&"" $ ,/, '~"--" Postmark "ere .. a. ~ ~ I , ':"., ,'.-' ~ L" ,I i l , .&!Sji~",! ....-:, :,-- -\; MICHAEL MCCLURKIN and WILLIAM C. SHADOW, IT, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOSEPHO. KALWAYTIS and RENEE E. KALWA YTIS, his wife, d/b/a KALWA YCO, : NO, 01-3090 : JURY TRIAL DEMANDED Defendants. IMPORTANT NOTICE TO: Renee E. Kalwaytis 2473 Stutzmantown Road Somerset, PA 15501 Defendant DATE OF NOTICE: June 21, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA YBEENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOTHA VB ALA WYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 Robert A. Quigley, Esquir Attorney ID No. 79186 DUANE, MORRIS & HEC 305 North Front Street P.O, Box 1003 Harrisburg, PA 17108-1003 (717) 237-5514 Attorneys for Plaintiff ~: ,?"", .<Ac:<'"-."~'<"">' If'" :_<-,$./" , .,,'. -- ,.; '. ~- -, . < '.'"'.~',- ---" "_~""-',-.'~-"'~-'.' ".,Jo '...,.:-',..-, ,..,'. ~ ~~- ~ I I I " . -,. ."-.'b..,..____~.,_.~-.V'.i>-<.~. .;..'-"_v_.^........,' II'" rn cO rn 'U1 ..JI M o rn ru o t:I o ru U1 o '0 o o f'- Certified Fee Return ReceIpt Fee (Endorsement RequIred) RestrIcted Delivery Fee (Endorsement RequIred) 'Ibla' Postag. &.... $.3.1 _arl< H,,,, ReClp ent s Name (Please Print Clearly) (To be completed by mailer) .....~.~~...!~J~y!;;i.E_..._...._...._..._..........._..."'m......... s""2'4'73N'Sb:=town Road ci,y,~~it"-PA""155'oi"-"'-""""-"""-""""".m.... ;II III ,~. '''''i , ~~-,;;<, _. _"A '_'." ,-;-',~.; ,-"-,,,,";:~;:Xx . . .- ,.... '- ......-~...,...."-v":...,:;~::;:...::..;...,,y..._'_.-~_~.~.,:;~~.:.~_:l.:_~.._:.~.;-:.__~_.t-_......::. ,-~;:::",;./,,-,,-,,:< . ~ ~ . - Iz;f{~~lij ,..~....~'~ "~ ~"" ~ L.~~~. ., . ~;.ti -'1Ili&~"r MICHAEL MCCLURKIN and WllLIAM C. SHADOW, n, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV.ANIA v. : CIVIL ACTION - LAW JOSEPHO. KALWAYTIS and RENEEE. KALWAYTIS, his wife, d/b/a KALWA YCO, : NO. 01-3090 : JURY TRIAL DEMANDED Defendants. IMPORTANT NOnCE TO: Kalwayco c/o Renee E. Kalwaytis 2473 Stutzmantown Road Somerset, PA 15501 Defendant DATE OF NOTICE: July 17, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA YBEENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOTHA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 Robert A. Quig ey, Esquire Attorney ill No. 79186 DUANE, MORRIS & HECKS 305 North Front Street P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5514 Attorneys for Plaintiff c"""~ ~ ~.. "..~""~ ~"~ -~-~ '" "....,"'1 ~"I~~- V'~'_~.~""~''<i;"",; "oJ~ . .,'t_" .u '" M ru ...!I .J Postage $ ...!I ru Certified Fee .J.ID PO$tmark ...... cr Return Receipt Fee I...sf) Horn (Endorsement Required) ru Restricted DeiiveryFee CJ CJ (Endorsement Required) CJ $ J.9'1 Total Postage & Fees CJ ru 111 CJ Sont To Kalwayco _onc.lQ_.BeneenE.onKa1waytisn Street, Apt. No.; tzmant Road o,POBoxNo. 2473 8tu = -i;;iYs;;t;;Z~~;;;t-;"'PA""i55oi-onn_-_...nn M CJ CJ ...... ~IIH@!ili1jflHlTh'!f!j;iP,i!iwT','';;:'r;''i:;'!~('ti.!-.wI.;iN~~]!i<'J(''''HMd';J;'h~c,"~,9J~~~(~I!i@ji;?~m~.::J!:tI;liiillMi*ilillli:'" ~.;,;.,~ ' ,~ ,,,.J ,'-;.. ....~~ 41' -, ,-~- '~~ ~ ~, ..~ I I 1 ~ t Xl ~ -bQ. () 0 ...0 c 0 \;t. ;;: -q ~ Il 0 ;Rp~ ". "'~; ,-- .],- z~-~.; G) rhZ] C z'~ ~ ........ cr5 ~~~ I -01::'1 ...... ~ -<:i~ (^) -C,;J,;J ~ ~ ~CJ ".0 S:.~{::) Pc, -. ~~ zc': .... r ff' l;C- ~j Pc ':'i' ~ ...c: ~ ~3 -;:f => :D r -, (lO -< ~ ~ iq, ~ -U ,~ ~ (]v ""t) ~~ [ ~tf ~ ~ ~ E tv:K r~ AI. ,~~~,," .. ,~,,~," _"'" ,^ ,w. _..,,"'~.. .",", ~>,",' . ", "," ,,_. ~,_, ~_,~ .. ,- . ,~ ,--"'~~,~~~"- "~"~__o ~, ~ "_~ ._L ~, ,~_1 , ,- ~_..............._ "~~ "' ..-- , 2 "__--."'i " LUQCKet Number dOC 1-.;30 '10 SHERIFF'S RETURN Personally appeared before me ()o. (.//d ~ >'bel< a deputy for CARL W. BROWN, Sheriff of Somerset County, Pennsylvania, who being duly sworn according to law, deposes and say@n the .Jb f...J, day of ./v1l'.I.t 20 at at 1006 M he served the above named person as follow . D Personal Service on person D D Mailing to person at above address; evidence of malling attached Adult member of the person's household Name Relationship D Adult in charge of person's residence Name Relationship [Lj/Agent or person at the time and place in charge of the person's office p! usual place of busineljli Name Anee ;:: ka IfNaytl t Relationship fSg I tAl 0.1'/:..0 e,.,pv f/;Ot! o Manager/Clerk at the place of lodging in which person resides' Name o Other Name o Title of corporation Posted most public part of .t~se situate at 0 Residence, ~usiness, Cl J;.mployment, 0 Other, of person to be served, at /</r.lW&.'t,co ;;2 ,/73 f-l~""""L1Vl te.jA.l1'1 '1Vl )'_&y.S'e '[:Ic:l ~f<S'<1/ ~ORO and making known to such person the IN S't?MP.rrei. contents thereof. PERSON NOT FOUND BE~AUSE: o Whereabouts Unknown, 0 No Answer, 0 Vacant, 0 Moved left no forwarding address, 0 Moved - New address o Other Sworn and subscribed before me this (5t9 day of ~ Lr.UI , 200 ( V;:(..' "OJ- PUTY SHERIFF S MERSET COUNTY, PA Not"'ialSeal " ~elissa-'!" Tru$c::ltt, Notary Public " 0cm~r53t Boro, ScH11~'f!e! CCc;iity ~ CorrmJ.."-SIOIl fx~!-'es Febr~ii:HY 24., 2003 j MOm"", ""l''''''''' Associ""o" of No_ Costs -- ~- ~" -..... ...-. ~ j" " j , I, \,,-;iA,' b.H.J:'_;.t,(.lt"t'., b Kt!..l'U.tU\J - UU.l Ut' .......VU1\l,J..L CASE NO: 2001-03090 P fOMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCLURKIN MICHAEL ET AL vs KALWAYTIS JOSEPH 0 ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KALWAYCO but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of SOMERSET County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 20th , 2001 , this office was in receipt of the attached return from SOMERSET Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/20/2001 DUANE MORRIS So answe;rs: ,/;/ ~ ~'-' -~ '. v '..>' - ~,~~z~, R. homas Kline Sheriff of Cumberland County ./~~;;?' ~ & HECKLER Sworn and subscribed to before me day of this A.D. Prothonotary ~ "1ill<J... ~~--~~ I _ ~-.~ ;"1 " ".. 'l' ~"",l _. ~ "',; . In The Court of Common Pleas of Cumberland County, Penn.sylvania lMichael McClurkin and William Shadow II VS. Kalwayco No. 2001 3090 civil Now, MAY ?1 , 20 -....Q..L, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Somerset County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. ~~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made lmoWl1 to the contents thereof. So answers, Sberiff of County, P A Sworn and subscribed before me this day of , 20_ COSTS SERVICE :MILEAGE AFFIDA VIT $ $ -'~~~:~'"- ~ ".Ho;ol_~ ~... ~... - - ,--, --1l u. ........... ~~ -.,,:, '" I Docket Number "';"001 --""0'1' cJ I SHERIFF'S RETURN Personally appeared before me I>.::rf//ot L 'mrk a deputy for CARL W. BROWN,' Sheriff of S~~rset County, Pennsylvania, who being dulY sworn according to law, deposes and say~ on the 3d - day of lV1a~ 20/7/ at. / 005 ~M he served the above named person as fol1o s: WPersonal Service on person o Mailing to person at above address; evidence of mailing attached o Adult member of the person's household Name Relationship o Adult in charge of person's residence Name Relationship o Agent or person at the time and place in charge of the person's office or usual place of business Name Relationship o Manager/Clerk at the place of lodging in which person resides - Name o Other Name o Title of corporation Posted m~ublic part of premise situate at ~ Residence, o Business, 0 E~loyment, E Other, of person to be served, at bN73 J.. 'ulz,...,~1'I wn ./0:;1 )/lITJ'VIt".""5'",-f ~ /f.$()/ ~ORO and making known to such person the IN SOI"7l>rsei contents thereof, PERSON NOT FOUND BECAUSE: o Whereabouts Unknown, 0 No Answer, 0 Vacant, o Moved left no forwarding address, 0 Moved - New address o Other Sworn and subscribed before me this _f5i:b day of ~J/ ^ 0 / 20lJ( L~~ck DEP SHERIFF S MBRSET COUNTY, PA ~~J ~~') fL ~ I ~1 litt-- . Notarial Seal Me1iSM. A. Truscott, Nota.ry Pubfic So~erset Bom. Somefse~ Countf My COr.'xlission ;::Xpl~es February 24, 2005 OOf, PeO"syll'il!\l<l AllioclatiOl1 of Noialioo Costs ?j (,,-I:J-oI 3........ rr :P,ow.J 30.S':)' ~_,~,~,"l.. ~ .~ , J '~ L-I ,-,',~ '.ii.~- .~ CASE NO: 2001-03090 P ~OMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERtAND SHERIFF'S RETURN - OUT OF COUNTY MCCLURKIN MICHAEL ET AL VS KALWAYTIS JOSEPH 0 ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KALWAYTIS RENEE E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of SOMERSET County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 20th , 2001 , this office was in receipt of the attached return from SOMERSET Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/20/2001 DUANE MORRIS .,- "7 S07~;:~<~>~ R .~"omas . Kl ine Sheriff of Cumberland County & HECKLER Sworn and subscribed to before me this day of A.D. Prothonotary ~ - - --I ' ,I ~, , ~~^' 'C,," ^'ilM~~ '4 If The Court of Common Pleas of Cumberland County, Pennsylvania Michael McClurkin and William Shadow II VS. Renee E. Kalwaytis No. 2001 3090 civil Now, May 23 ,2001 ,I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Somerset County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . . . , ~~) ~tspJ' ,/><::;;';;~" ~ kjif...._<l_~~,-',~,.fi' /" p'.,;~-? 1~ """......oll'I'-'--.'v... -~.. ~1 _..........--,.' Sheriff of Cumberland County. PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made !mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ~~~~hM_id'ML6:;?<1'i1@ld.m;i~!mt~,!L1i,W;~_i:1;M': "'~",,,,,'"'iYj.o;'Ii-Ji'"-""~~"i,,,<Jit<l;;,ni%i~,)l~"'&'ci!Il~IHilil<i'llill_illil!~lli 11 JU lIJL:J,,,,, -~,__nf.__", ..~'o,""",,,,,,,,;,,~,,,,,,,",,,,JJIII!'~'''H~!' "'''', ",,",,,,% "',,,;0,,-, ,_o-'''''~ ,.-;;:,,~, ,__, _ ,.c, """""., _=,"" ^. ,<<^-, ",,',,' I ",' "_1' '~U! lfdllJdii;r '1 ,I ".W' ,. ~~IIIlIlIiiil>i~i ... f . . :\;,~~~^ " ~ = ~l l"1 ,~ " ' ~k! MICHAEL MCCLURKIN and WIU1AM C. SHADOW, IT, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOSEPH O. KALWAYTIS and RENEE E. KALWA YTIS, his wife, d/b/aKALWAYCO, : NO. 01-3090 : JURY TRIAL DEMANDED Defendants. NOTICE TO: JOSEPH O. KALWAYTIS, Defendant You are hereby notified that on August..J ,2001, JUDGMENT in the amount of Fifty Six Thousand Three Hundred Thirty Five Dollars and Twelve Cents ($56,335.12): Forty Eight Thousand Three Hundred Thirty Five Dollars and Twelve Cents ($48,335.12) plus statutory interest at the rate of six percent (6%) per annum, attorneys' fees, and costs, in favor of plaintiff William C, Shadow, IT, and Eight Thousand Dollars ($8,000.00) plus statutory interest at the rate of six percent (6%) per annum, attorneys' fees, and costs, in favor of plaintiff Michael McClurkin has been entered against you in the above-captioned case: Judgment by default. r bIOI . , Date (ld~/t ~ Prothonotary I hereby certify that the name and address of the proper person to receive this Notice is: JOSEPHO. KALWAYTIS Federal Prison Camp - Allenwood P.O. Box 1000 Montgomery, PA 17752 ,~.,-,,-- I' ,.- ','- '-'-'.1\; MICHAEL MCCLURKIN and WILLIAM C. SHADOW, n, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOSEPH O. KALWA YTIS and RENEE E. KALWA YTIS, his wife, d/b/a KALWA YCO, : NO. 01-3090 : JURY TRIAL DEMANDED Defendants. NOTICE TO: RENEE E. KALWA YTIS, Defendant You are hereby notified that on August d ,2001, JUDGMENT in the amount of Fifty Six Thousand Three Hundred Thirty Five Dollars and Twelve Cents ($56,335.12): Forty Eight Thousand Three Hundred Thirty Five Dollars and Twelve Cents ($48,335.12) plus statutory interest at the rate of six percent (6%) per annum, attorneys' fees, and costs, in favor of plaintiff William C. Shadow, n, and Eight Thousand Dollars ($8,000.00) plus statutory interest at the rate of six percent (6%) per annum, attorneys' fees, and costs, in favor of plaintiff Michael McClurkin has been entered against you in the above-captioned case: Judgment by Default. -dIJ jDf Date Prothonotary I hereby certify that the name and address of the proper person to receive this Notice is: RENEEE. KALWAYTIS 2473 Stutzmantown Road Somerset, PA 15501 ~ .-1 !.~I , " n- ;~"';'2~ \ , MICHAEL MCCLURKIN and WJLI1AM C. SHADOW, II, Plaintiffs : IN THE COURT OF COMMON PIEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW JOSEPH O. KALWA YTIS and RENEE E. KALWA YTIS, his wife, d1b/aKALWAYCO, : NO. 01-3090 : JURY TRIAL DEMANDED Defendants. NOTICE TO: KALWAYCO, Defendant You are hereby notified that on August.3 ,2001, JUDGMENT in the amount of Fifty Six Thousand Three Hundred Thirty Five Dollars and Twelve Cents ($56,335.12): Forty Eight Thousand Three Hundred Thirty Five Dollars and Twelve Cents ($48,335.12) plus statutory interest at the rate of six percent (6%) per annum, attorneys' fees, and costs, in favor of plaintiff William C. Shadow, II, and Eight Thousand Dollars ($8,000.00) plus statutory interest at the rate of six percent (6%) per annum, attorneys' fees, and costs, in favor of plaintiff Michael McClurkin has been entered against you in the above-captioned case: Judgment by Default. /)4 Ii JY'J/ Date ~M~}i2-4 Prothonotary I hereby certify that the name and address of the proper person to receive this Notice is: KALWAYCO C/O Renee E. Kalwaytis 2473 Stutzmantown Road Somerset, PA 1550l '---~-' L ' ~ I i ~ L . ~ , O~~ "~~-..-~~ . ,# ~. :..1> MICHAEL MCCLURKIN and WILLIAM C. SHADOW, II, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ; NO, {J 1- 30 Cfo Cw:J. I".....,.... JOSEPHO. KALWAYTIS and RENEE E. KALWA YTIS, his wife, d/b/a KALWA YCO, : WRY TRIAL DEMANDED Defendants. NOTICE TO DEFEND You have been sued in court. IT you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOUID TAKE TIllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 800-990-9108 ~ -- I . '~ ' n~ " I " '-'-<';n'''';'~ti , MICHAEL MCCLURKIN and WILLIAM C. SHADOW, II, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVn... ACTION - LAW JOSEPH O. KALWAYTlS and RENEE E. KALWA YTIS, his wife, d/b/a KALWA YCO, : NO. : JURY TRIAL DEMANDED Defendants. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus porpiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFlCIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFlCINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ,,~ , . ~ , :' I ~ . :"""M r MICHAEL MCCLURKIN and WILLIAM C, SHADOW, II, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ; NO. c) / - 3Mo ~ T l.>>-- JOSEPH O. KALWA YTIS and RENEE E. KALWA YTIS, his wife, d/b/aKALWAYCO, : JURY TRIAL DEMANDED Defendants. COMPLAINT NOW COMES, Plaintiffs Michael McClurkin and William C. Shadow, II, by and through their attorneys, Duane, Morris & Heckscher LLP, and files this Complaint against the above-named Defendants and in support thereof states as follows: 1. Plaintiff Michael McClurkin ("McClurkin") is an adult individual residing at 22 Circle Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff William C. Shadow, II ("Shadow") is an adult individual residing at P.O. Box 416, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant Joseph O. Kalwaytis is an adult individual, currently incarcerated at the Federal Prison Camp - Allenwood with a mailing address of P.O. Box 1000, Montgomery, Pennsylvania 17752. 4. Defendant Renee E. Kalwaytis is an adult individual formerly residing at 24 Grandview Road, Hummelstown, Dauphin County, Pennsylvania 17036, but currently living at 2473 Stutzmantown Road, Somerset, Somerset County, Pennsylvania 15501. 5. Defendants are husband and wife who, while acting in concert for their own personal benefit, held themselves out as operating a business under the fictitious name of KalwayCo. -,-"- ......~ "<. " L :.-.L ,"" .~ '~l~ . 6, Defendant KalwayCo purports to be a partnership operated by its General Partner, Defendant Joseph O. Kalwaytis. 7. Defendant Renee E. Kalwaytis is described in KalwayCo marketing materials as serving as Assistant to the General Partner. 8. KalwayCo describes itself in its marketing materials as operating for the purpose of purchasing real estate and/or solid businesses at reasonable prices, then improving upon them and finalizing them for a profit. 9. On or about September 17, 1999, Plaintiff Shadow entered into a Private Equity Limited Partnership - Fund Agreement (the "Shadow Agreement") with Defendant KalwayCo in which Plaintiff paid $25,000.00 in exchange for a three (3) year limited partnership. A true and correct copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein. 10. Pursuant to the Shadow Agreement, Plaintiff Shadow gave Defendants money so that Defendants could execute a deal to purchase a farm in Somerset County. Repayments were to be at $500.00 per month plus interest. 11. In order to induce Plaintiff Shadow to invest in KalwayCo, Plaintiff Shadow and Defendant Joseph O. Kalwaytis executed various documents, including a September 17, 1999 Judgment Note (the "Shadow Note") entitling Plaintiff Shadow to $25,000.00 upon demand. A true and correct copy of the Note is attached hereto as Exhibit "B" and incorporated herein. 12. Defendants also induced Plaintiff Shadow to provide them with an additional $15,000.00 in order to prevent the real estate deal in Somerset County from failing. 2 ,~~ '~ , "-.i,, , ;,j ,~ """. ~ ~ili~M;.b,;, . 13. Plaintiff Shadow met with Defendant Joseph O. Kalwaytis on September 17, 1999 and turned over the entire proceeds from Plaintiff Shadow's real estate sale, totaling $48,335.12, to Defendant Joseph O. Kalwaytis. 14. Under the guise of quickly converting Plaintiff Shadow's investment, Defendants actually had the proceeds of Plaintiff Shadow's real estate sale, totaling $48,335.12, converted to their own use. 15. Defendants, on or about March 30, 2000, executed a second Judgment Note (the "Second Shadow Note") entitling Plaintiff Shadow to $14,501.12 upon demand. A true and correct copy of the Second Note is attached hereto as Exhibit "C" and incorporated herein. 16. On or about December 8, 1999, Plaintiff McClurkin entered into a Private Equity Limited Partnership Agreement - Fund Agreement (the "McClurkin Agreement") with Defendant KalwayCo in which Plaintiff McClurkin paid $5,000.00 in exchange for a three (3) month limited partnership. A true and correct copy of the McClurkin Agreement is attached hereto as Exhibit "D" and incorporated herein. 17. Purusant to the McClurkin Agreement, Plaintiff McClurkin invested his money upon receiving promises and assurances that his investment would be short term and generate a significant return. 18. In order to induce Plaintiff McClurkin to invest in KalwayCo, Plaintiff McClurkin and Defendant Joseph O. Kalwaytis executed various documents, including a December 8, 1999 Judgment Note (the "McClurkin Note") entitling Plaintiff McClurkin to $5,000.00 upon demand. A true and correct copy of the McClurkin Note is attached hereto as Exhibit "E" and incorporated herein. 3 - ~ " ~ 1,1, _..~.- . ;W{j;;, .. 19. Defendants further induced Plaintiff McClurkin, on or about November 2,2000, to provide Joseph O. Kalwaytis with $3,000.00 for a period of one (1) week. 20. Defendants failed to repay Plaintiff McClurkin as promised and then executed a document, dated December 27,2000, promising to repay the entire debt by January 5, 2001. A true and correct copy of the signed note is attached hereto as Exhibit "P" and incorporated herein. 21. Neither Plaintiff Shadow nor Plaintiff McClurkin have been repaid theirinvestments, plus promised returns, despite repeated requests, 22. Upon information and belief, in or about January 2001, Defendant Edward O. Kalwaytis reported to federal prison for, inter alia, illegal check kiting activities. 23. Upon information and belief, Defendant Renee E. Kalwaytis is residing in the house upon the real estate Defendants purchased for their own benefit and gain with the funds belonging to Plaintiff Shadow and Plaintiff McClurkin. COUNT I . BREACH OF CONTRACT 24. The averments contained in Paragraphs One (1) through Twenty-Three (23) are hereby incorporated by reference as though fully set forth herein. 25, The agreements executed by and between Plaintiffs Shadow and McClurkin and Defendants, constituted valid contracts, pursuant to which Plaintiffs fully performed their obligations. 26. Defendants failed to honor the express terms of the Agreements they executed with Plaintiffs Shadow and McClurkin, thus breaching those Agreements. 4 ~~' J . ...L._~ "_ ~+ " 27. Plaintiffs Shadow and McClurkin are owed by Defendants and Defendants are obligated to Plaintiffs Shadow and McClurkin in the amount of Fifty-Six Thousand, Three Hundred Thirty-Five Dollars and Twelve Cents ($56,335.12) plus expenses, attorney's fees and costs. WHEREFORE, Plaintiffs Shadow and McClurkin respectfully request that this Honorable Court award damages in their favor and against Defendants in the combined amount of Fifty-Six Thousand Three' Hundred Thirty-Five Dollars and Twelve Cents ($56,335.12), $48,335.12 for Shadow and $8,000,00 for McClurkin, plus expenses, attorney's fees and costs, and such other relief as this Court deems just and equitable. COUNT II . FRAUD 28. The averments contained in Paragraphs One (I) through Twenty-Seven (27) are hereby incorporated by reference as though fully set forth herein. 29. Defendants represented to Plaintiffs Shadow and McClurkin that their investments would be used to purchase distressed real estate that would, in turn, be sold for considerable profit within a short time after purchase. 30. Said representations were false. 31. Said representations were material to Plaintiff Shadow's and Plaintiff McClurkin's individual decisions to invest money with Defendants. 32. S aid representations were made with knowledge oftheirfalsity or, alternatively, were made recklessly by Defendants. 33. Said representations were made with the intent of inducing Plaintiffs Shadow and McClurkin into investing by relying thereon. 5 -~ I I "".'-<.~~"'~"''' . 34. Plaintiffs Shadow and McClurkin justifiably relied upon Defendants' misrepresentations, Plaintiffs Shadow and McClurkin suffered monetary damages. WHEREFORE, Plaintiffs Shadow and McClurkin respectfully request that this Honorable Court award damages in their favor and against Defendants in the combined amount of Fifty-Six Thollsand Three Hundred Thirty-Five Dollars and Twelve Cents ($56,335.12), $48,335.12 for Shadow and $8,000.00 for McClurkin, plus expenses, attorneys' fees and costs and punitive damages, and such other relief as this Court deems just and equitable. COUNT III - CONSPIRACY 35. The averments contained in Paragraphs One through Thirty-Four (34) are hereby incorporated by reference as though fully set forth herein. 36. Defendants Joseph O. Kalwaytis and Renee E, Kalwaytis, husband and wife, acted in concert and for their own personal gain, in inducing Plaintiffs Shadow and McClurkin to invest money in KalwayCo. 37. Defendants Joseph O. Kalwaytis and Renee E. Kalwaytis, husband and wife, acted with malice when they induced Plaintiffs Shadow and McClurkin to invest money in KalwayCo and then illegally used said funds for their own personal gain and benefit in breach of the contracts entered into with Plaintiffs, 38. As a direct and proximate result of Defendants' conspiracy, Plaintiffs Shadow and McClurkin have suffered monetary damages. WHEREFORE, Plaintiffs Shadow and McClurkin respectfully request that this Honorable Court award damages in its favor and against Defendants in the combined amount of Fifty-Six 6 ,~ -..... - , ;. I " ~ .~ ~ ~ ~'~,jf. . Thousand Three Hundred Thirty-Five Dollars and Twelve Cents ($56,335.12), $48,335,12 for Shadow and $8,000.00 for McClurkin, plus expenses, attorneys' fees and costs and punitive damages, and such other relief as this Court deems just and equitable. James J. Kutz, Esq. Attorney l.D. No. 21589 Robert A. Quigley, Esq. Attorney l.D. No. 79186 DUANE, MORRIS & HECKSCHER LLP 305 North Pront Street, 5th Floor P.O. Box 1003 Harrisburg, P A 171 08-1003 (717) 237-5500 Date: 5):;1/01 Attorneys for Plaintiffs Michael McClurkin and William C. Shadow, IT 1IBG\73976.1 7 0"'<.'" ,. , PRIVATE EQUITY LIMITED PARTNERSHIP FUND AGREEMENT This agreement is made this .LLday of ~ 1999 Between: Ka1wayCo A registered company in the State of Pennsylvania, and having a general partner - owner by the name of Joseph O. Kalwaytis 24 Grandview Rd. Hummelstown, P A 17036 (hereinafter referred to as the Company) And: \\ (,0, \~~ C. ~~A~c.:>W 1I. Individu*, with the following residence ~ ~, ~CJ)\, Y-\ (., N E-W CJJ ~ 'fI ~n L P. N d_ f.f4.. \ l.n=J t) Whereas: The company and the individual are desirous of entering into an agreement for the following time and purpose. For the value received $ ~'S I () 0 C) 1 The company agrees to accept the individuals as a limited partner for a term of 3 b months from the date of this agreement. The individuals may cancel this agreement after 4 months, with the balance due paid in full within 60 days, plus a prorated return. . The company also agrees to enter into a judgement for the full balance due against all property, assets, and anything the company holds. The judgement will be signed by the general partner, and become a part of this agreement. The company may use the funds as it sees fit, however the value is to be shown on a monthly statement--sent to the limited partner, to track his/her partnership value, and for tax purposes. ( ~ -----1'14. ~'f"Y',~ h:Y\ 5 ;- ~ \:> ~ t 5 ~ f'tA. ~~ 'd..L\. 4 The partner's ownership share will be equal to, or pro rated as outlined above. This ownership is NOT transferable. This ownership can be canceled as outlined above. The purpose of this company is to purchase Real Estate, and/or solid businesses at reasonable prices, then improve on them and finance them at a profit. Any changes to this agreement by either party must be acceptable to both parties to become a part ofthis agreement. Signedat ~l),"",~~'S.'1~ f~thisJ.ldaYOf~"" 1999 Jose O. lwaytis General P r and Owner ofKalwayCo There are NO fees. The profits. if any, left after the limited partner is paid, is owned by the general partner. This agreement may be changed to meet any current and future state or federal requirements, when and if they exist ~ ._~ 'I",",. I" '," , ; , - i, _ I~" ' ',- '. '" - ,- <,' '" '--~-"'''<'''-' .'--- .~: .' , Judgement Note $ ~)a~ \.JV'rl'-~~I<tMPA \l~~, ~ / n /1999 ~\l ~emand\ as per the Limited Partnership Agreem~promise to pay to w, \ \ \ ~ l\.~~ m their heirs, successors, or assigns, the full amount due from the Limited Partnership Agreement, with out defalcation. AND FURTHER, I/We do hereby authorize and empower the Prathonotary or any attorney of any court of record of Pennsylvania or elsewhere to appear for end enter judgement against me/us for the above sum, with or without declaration, with cost of suit, release of errors, without stay of execution, and I/We hereby agree not to make any motion or any application whatsoever in any court for any inquisition on any Real Estate that may be levied upon to collect the aforesaid sum, and I/We enter said voluntary condemnation upon the Writ of Execution and further hereby waive and release all relief from any and all appraisements, stay or exemption of laws of any State now in force or which are passed hereafter. WAIVER, In executing this note, I/We understand the transaction, and knowingly and voluntarily waive my/our rights to contest the entry of this judgement against me/us in court, and do hereby consent to the entry of this judgement by confession. \~~ Commonwealth Of Pennsylvania: countyOf~~ Sim eously with the ~ecution of this Affidavit this ~day of~999 UWe are signing and giving a judgement note in the amount of$ d..'5, 6'0t> Obb""ing O~ R<ol ,,"'......"'" """" M Co"''''''''~~ k~ ,,~ . " '^' "!..'-',,--,' 01, I: ___,'_"_J__-_""0'~^' ,I "-"'-'"^',,,"-'~,,b"~'".,.,.;,'-;~,j'L""'-'-"f"1_t"^'~_,;'~";"",',~,' .>':,1 " , Judgement Note $ )l-L) So \ . \ ~ PA \10 II , ~. / '3,... /2000 On demand, as per the Limited Partnership Agreement, I/We promise to pay to tAft' LLNl- fYI C. SU~their heirs, successors, or assigns, the full amount due from the Limited Partnership Agreement, with out defulcation. CA~ \"\~i\ AND FURTHER, I1We do hereby authorize and empower the Prathonotary or any attorney of any court of record of Pennsylvania or elsewhere to appear for end enter judgement against me/us for the above sum, with or without declaration, with cost of suit, release of errors, without stay of execution, and I1We hereby agree not to make any motion or any application whatsoever in any court for any inquisition on any Real Estate that may be levied upon to collect the aforesaid sum, and I/We enter said voluntary condemnation upon the Writ of Execution and further hereby waive and release all relief from any and all appraisements, stay or exemption oflaws of any State now in force or which are passed hereafter. WAIVER, In executing this note, I1We understand the transaction, and knowingly and voluntarily waive my/our rights to contest the entry of this judgement against me/us in court, and do hereby consent to the entry of this judgement by confession. ~~:r~ Commonwealth Of Pennsylvania: County of Simultaneously with the execution of this Affidavit this _day of _2000 I/We are signing and giving ajudgement note in the amount of$ Obligating our Real and Personal Estate as Colateral. ~~.......... '. I ^,.I-" -In, I. : J,I .....~*~,;t~~ " , PRIVATE EQUITY LIMITED PARTNERSHIP This agreement is made this --'y'day of 0~h 1999 FUND AGREEMENT Between: KalwayCo A registered company in the State of Pennsylvania, and having a general partner - owner by the name of Joseph O. Kalwaytis 24 Grandview Rd. Hummelstown, P A 17036 (hereinafter referred to as the Company) And: ~~ e".\..I.I~ '('{\ '--' c..\ \.)~ ~";')0 Individuals, with the following residence ;?:~~:}:~ (-\. \lCl~S Whereas: The company and the individbal are desirous of entering into an agreement for the following time and purpose. For the value received $ '5) 0- ~ , The company agrees to accept the individuals as a limited partner for a term of ~ months from the date of this agreement. The individuals may cancel this agreement after 4 months, with the balance due paid in full within 60 days, plus a prorated return. . The company also agrees to enter into a judgement for the full balance due against all property, assets, and anything the company holds. The judgement will be signed by the general partner, and become a part of this agreement. The company may use the funds as it sees fit, however the value is to be shown on a montWy statement--sent to the limited partner, to track his/her partnership value, and for tax purposes. r. fJ:' Cr\..- ~^. . :: The partner's ownership share will be equal to, or pro rated as outlined above. This ownership is NOT transferable. This ownership can be canceled as outlined above, The purpose ofthis company is to purchase Real Estate, and/or solid businesses at reasonable prices, then improve on them and fmance them at a profit. Any changes to this agreement by either party must be acceptable to both parties to become a part of this agreement. this~day of (h~ 1999 '- <;:>.. Jose . Kalwaytis General Part e and Owner ofKalwayCo There e NO fees. The profits, if y, left after the limited partner is paid, is owned by the general partner. This agreement may be changed to meet any current and future state or federal requirements, when and if they exist. - J',",- .1 " ,_ 'L I ' " .. Judgement Note $ C:;, ~ c..~~ ,PA ) 0... / ,,/1999 On demand, as per the Limited Partnership Agreement, 17We promise to pay to their heirs, successors, or assigns, the full amount due from the Limited Partnership Agreement, with out defalcation. AND FURTHER, I/We do hereby authorize and empower the Prathonotary or any attorney of any court of record of Pennsylvania or elsewhere to appear for end enter judgement against me/us for the above sum, with or without declaration, with cost of suit, release of errors, without stay of execution, and IfWe hereby agree not to make any motion or any application whatsoever in any court for any inquisition on any Real Estate that may be levied upon to collect the aforesaid sum, and IfWe enter said voluntary condemnation upon the Writ of Execution and further hereby waive and release all relief from any and all appraisements, stay or exemption of laws of any State now in force or which are passed hereafter. WAIVER, In executing this note, IfWe understand the transaction, and knowingly and voluntarily waive my/our rights to contest the entry of this judgement against me/us in court, and do hereby consent to the entry of this judgement by confession. \~/~l: Commonwealth Of Pennsylvania: CountyofC'h~u.~ ~ Sinmltaneously with the execution of this Affidavit this ~day ofl\"'( _1999 I/We are signing and giving a judgement note in the amount of $ 'S) \:) ~ Obligating our Real and Personal Estate as Colateral. ~~~1~ , ,,_ -~ - L' tilf.1!~ -~-~"~,. ,- , .I,,, I L j I,~ '~ ~. -,~,_,.._",d,.",,"iC- " ;-z/z 7/ (jb .- j.... , ' i , I I,! ......-,~-~-_. ,,' ---r- . -b-r---9-a-E-_Jil-Uv-IJ_Y-U.L,-b_OY-lu.wLL c'? -'7 () de!. 6..1), Ii: Ilj ::i · '] Uz.~:rJ...-tijC..l!-,_,t1.r:.f ( Va Ie.;..... LA..J---k. / v 2 r-).1HLlJ~-4.J~.i. !,! . , Llr.LL_LLN.4a.s.-tu4';"'~F (0 J;?~..I. 1.-j_LA L 7L~elL;.fL""" :1 j, ~ I': I,i i ': ~, .d.f.' /LZ-.lv..P.Y~C;? J n ) , , v~' ~ /1 ~ T+-.-J....'L.A.MULJ T),..o..:L it: e~Ljrt..1'i:... "I v / _ I , i r:~ ; J ,N. /, I ii ill i:! Ii! III w;/L ),~ p/Ji~ hY ~ s-- J015/ I . :;i "1 I" 1'1 ", :,i A 6.1i!1'~"/ To T),J!. ,;",....2.:r.,t ""'/LJ v or f2L~y/;'7'n 2...,1 0 D - i:r I': ~ ~ ~.'U~~ '. ;!; "; i:; i' I:, , " :1: '], Iii !t; 'I! ,-. ~, '''' ~"' -'. ,-,-' O~.~ ,,' """,""", , '~f1 '--. VERIFICATION I, Michael McClurkin, hereby aver and state that I have read the foregoing Complaint which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A, ~ 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. A~fvC . Michael McClurkin ~, . " i I "L', ~;~jliilfIl1i, . . ',- VERIFICATION I, William C. Shadow, II, hereby aver and state that I have read the foregoing Complaint which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification, This statement is made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. ?f~ C-. ~zr William C. Shadow, II , \'1!it4!!i\!U&iMtW-~j!lli>kJiW..ffiid!!!;u""!,~',4,~;i"""l'<'~H;,;i~JIk-i&iI>.>:#"".~thI'''" ""~,,",,i--,f",bUU~W";,I,;Ljj,<ejd,,""h{'it!i;'W:-<9;ill~.~ "" 1'~ .~ -'-~"", .l. t:S J<f ~~ -. ..... ~ "<:l "" VJ ~ -..J VI "9 O'SP. ,.~ ...'" . _~'"''''''''-''' ~,=v, ~,,'~,?,',...."__"''''., "c' \,,,<,,.~, "~, ""-7 "~'-.F",", ,__ ~L. .~, ~~ ~ '_~m,^' ' ,_ .~,. '<;iiH!ml o C :::2- ~'r: ~"I" . (f} r::~ "-" '2; ,:-;, ~". f - :P' ,=:-",. ?, ::< _, "- ~~'_~=M ,+-,' ~ i......) ---,... . =.:? c- ....l - . j Cl '-'. :\',~ ::L \Y ~ ~ " -c: ~ 'd 11a .t::: 0;<::> , e~ t f , ""-, , " '" ,< ~___ 0" "L,';; SHERIFF'S RETURN - OUT OF COUNTY CASE NQ: 2001~03090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCLURKIN MICHAEL ET AL VS KALWAYTIS JOSEPH 0 ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KALWAYTIS JOSEPH 0 but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LYCOMING County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 20th , 2001 , this office was in receipt of the attached return from LYCOMING Sheriff's Costs: Docketing Out of County Surcharge Dep Lycoming Co. 18.00 9.00 10.00 25.00 .00 62.00 07/20/2001 DUANE MORRIS So ans~v-~ ~as Kline. Sheriff of Cumberland County & HECKLER Sworn and subscribed to before me this ;l.,tt:- day of ~ :20-0/ A,D. ~, Q~c~ prothon'ot ry .;,;.).-~ ," ,. -i&wL~if SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCLURKIN MICHAEL ET AL VS KALWAYTIS JOSEPH 0 ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KAI,WAYTIS RENEE E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of SOMERSET County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 20th , 2001 , this office was in receipt of the attached return from SOMERSET Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/20/2001 DUANE MORRIS S~?~/~ R. Thomas Kline Sheriff of Cumberland County & HECKLER Sworn and subscribed to before me this .2'/ :;':'. day of Q,p; Juol A.D. ~_ D hu;j,~ ~. Prothonotafy " . , ~ "'n--.o.J-M:iilC1J' SHERIFF'S RETURN - OUT OF COUNTY C~SE NO: 2001-03090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCLURKIN MICHAEL ET AL VS KALWAYTIS JOSEPH 0 ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KALWAYCO but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of SOMERSET County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 20th , 2001 , this office was in receipt of the attached return from SOMERSET Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/20/2001 DUANE MORRIS SO~~~ R. homas Kline Sheriff of Cumberland County & HECKLER Sworn and subscribed to before me this a'/~ day of ~ ;J1)v / A.D. 91~ ~r~~~e~ ;>!"- .-, =" -"-~ ""'liIIriIIlilIo "~ ~"~~ I~ Th,e Court of Common Pleas of Cumberland County, Pennsylvania Michael McClurkin & William Shadow II VS. Joseph ~~al~aytis No. 2001 3090 civil Now , May 23 , 20~, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lycoming County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. ~~~-€#~ Sheriff of Cumherland County, PA Affidavit of Service Now, MAY 24. , 20~, at 2:43 o'clock P. M served the within Notice and Complaint upon Joseph Kalwaytis at Allenwood Federal Prison, RRII1, Montgomery, Pa., by handing to him personally a true and attested copy of the original Notice and Complaint and made lmown to him the contents thereof So answers, ('~,~~ Sheriff of LYCOMING County, PA ~p~~'~~ COSTS Timothy B. Nelson, Deputy SERVICE $ 18.00 MILEAGE 4.50 AFFIDAVIT 2.50 BY: Sworn and subscribed before me this 18 day of JULY , 20....2..!:.- 11JtOM ~ ~^J $25.00 PAID. -, -,,- =~ , , II iJ " ' l ~"' Kdl'"\1..l'a",{l~ dOC I -.::" 0 -" ,"-,J, ~ ,". " -=-i~__.. ,\,;1 L,,.,,..... ,/ .f .' , I Docket Number I ' SHERIFF'S RETURN Personallyappearedbeforeme OOt//d ~ >'t>L"k a deputy for CARL W. BROWN, Sheriff of Somerset County, Pennsylvania, who being duly sworn according to law, deposes and says ;7" +J.. day of /VI"I-f 20 17/ at /(1, served the above named person as follows': o Personal Service on person o o Mailing to person at above address; evidence of mailing attached Adult member of the person's household Name Relationship o Adult in charge of person's residence Name Relationship illJ.!Agent or person at the time and place in charge of the person's office /21' usual place of busin~ NamehneE! E. ka./lAhrtlt RelationshiPMlwa~Cl.)eMPN~""<". o Manager/Clerk at the place of lodging in which person resides - Name o Other Name o Title of corporation Posted most public part of ,E,~se situate at 0 Residence, ~usiness, .@ J;,mployment, 0 Other, of person to be served, at 1<;[, ~y.co :J 1/73 .Rt{.!'''''alll tef.f) r'l ~. \_ef'.r~ ~.s'OJ ORO and making known to such person the IN 5"aMP-l?e't contents thereof, PERSON NOT FOUND BE<;AUSE: o Whereabouts Unknown, 0 No Answer, 0 Vacant. 0 Moved left no forwarding address, 0 Moved . New address o Other " " Sworn and subscribed before me this /h!ll l ,v day of. 1I.A 0 200 ( v;:c. ~d SHERIFF S MERSET COUNTY, PA : ,:.. 'Notanal Seal h!e1issa A.J rUf:iCQrt, Notary Public S00'!srsetBbro. Somerset CCtJr1ty . My COrrmlSSIO/l Exp!res February 24,2000 ""l, ~"""". Associat,o. of Noilltiot Costs In TJ,e Court of Common Pleas of Cumberland County, Pennsylvania Michael McClurkin and William Shadow II VS. Kalwayco No. 2001 3090 civil Now , MAY 7.1 ,20 01, I, SHERIFF OF CUMBERLAND COUNTY, PA, do - c hereby deputize the Sheriff of Somerset County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r"~~-~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served fue within upon at by handing to a copy of the original and made lmown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ;1.~ ~'lI;jlllilllillidilfi - "" I ,;~ ~I 0 ,_" : ~ L, "' "~- .~'-m _~~" ~n Tbe Court of Common Pleas of Cumberland County, Pennsylvania Michael McClurkin and William Shadow II vs. Renee E. Kalwaytis No. 2001 3090 civil Now, May 23 , 20 01 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Somerset County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . . ~~p?1!:--4' . Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at 0' clock M, served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ,;.---.~=~' '.~ , ~~~~ I Docket Number .~-€ ~':: E. t-<~i~~~I~ " ..,;).00/ -~"'f d . "' ,,,. "nv'\J! ~-,;,~~. "; , SHERIFF'S RETURN Personally appeared before me P4fY/ of L 'h__k a deputy for CARL W. BROWN,' Sheriff of So~erset County, Pennsylvania, who being dutY sworn according to law, deposes and say~on the 3d ~ day of /l/Jqts 20/7/ at. /005 ~M he served the above named person as follo s; [B1>ersonal Service on person o '0 Mailing to person at above address; evidence of mailing attached Adult member of the person's household Name Relationship o Adult in charge of person's residence Name Relationship o Agent or person at the time and place in charge of the person's office or usual place of business Name Relationship o Manager/Clerk at the place of lodging in which person resides - Name o Other Name o Title of corporation Posted m~ublic part of premise situate at ~ Residence, 0 Business, .J} E~loyment, J1 Other, of person to be served, at bl'/ ..F LA Z ,.., ~" IAI fI .f0I . )/ijN/"y-r,.-t ~ /f.$()/ IN So,.,,~r$e.t contents thereof. ~ORO and making known to such person the PERSON NOT FOUND BEl:;AUSE: o Whereabouts Unknown, 0 No Answer, 0 Vacant, 0 Moved left no forwarding address, 0 Moved - New address o Other Sworn and subscribed before me this -J5tb day of ~1I ^ D / 20Dr L~~ck DEP SHERIFF SMERSET COUNTY, PA 4~~ ..~:) fL 0/;; L~l ttt-- Nj)!ari~ s.~ M.li,.. A T ruscoll, Nolaiy Public SIJ:":\a-&et, Bom, SOmeneet County ~ Con:misslon Expires February 24, 2003 001, Pen'''l'1I\tnIil Alioc~on of NoM Costs '?J (,,-1:0-0 , sR.~r.+F :Prow...) 3.0,5.:1.