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07-5065
AM-LINER EAST, INC., Plaintiff v. VICTOR HOWARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O7 " 5b`.S' CIVIL CIVIL ACTION -LAW PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT ` AND ASSESS DAMAGES TO THE PROTHONOTARY: Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa.C.S.A. §4306, please file and index the attached exemplified and certified docket entries and judgment entered in the Circuit Court for Loudoun County, Virginia in the action captioned Am-Liner East, Inc. v. Steven Latimer, et al., Chancery No. 24123, and assess damages in favor of the Plaintiff, Am- Liner East, Inc. and against Defendant Victor Howard as follows: Amount of Foreign Judgment: $333,906.00 ~ Interest from July 1, 2005 at 6% per annum to August 24, 2007 (plus additional interest thereafter at the same rate until paid in full): $43,087.59 LAW OFFICES SNELBAKER Ec BRENNEMAN. P.C. Total: $376,993.59 SNELBAKER & BRENNEMAN, P. C. BY: I Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Date: August 24, 2007 (717) 697-8528 Attorneys for Plaintiff Am-Liner East, Inc. Damages assessed and judgment entered as above: r onotary Date: ~~ac,[~G 7 N Ci ° ~~ -.~ T Tt #', ~ ~ " ~~ `. ~ ~- T'4 ! C7 ;~; ; ~: } -r' C_ -- ri-j am :..r y . © ~ ~- Clerk's Attestation CERTIFICATION OF AN OFFICIAL RECORD LOUDOUN COUNTY I, the Clerk of this Court, attest that the annexed Case No. cH 24123 Va. Code §§8.oi-38g Sc 8.oi-39i: U.S. Const. art. N Sec. i; 28 U.S.C. § 1738 Virginia, Circuit Court VIRGINIA COURTS CASE INFORMATION FOR CASE ~~CH24123 CASE DETAIL WITH Description of Original Record or Copy PLEADINGS/ORDERS DETAIL. CASE STYLED AM-LINER EAST;INC V. STEVEN LATIMER VICTOR HOWARD, RANDY S. KAVANAUGH ^ is an official record of this Court in my custody. ~ is a true, correct, and complete copy of an official record. of this Courtin my custody and I am the custodian of that record. The annexed copy has been examined and compared with the original. Given under my hand the seal of this court on 8/02/07 Date (~) Judge's Certification I, (a) (the) Judge of this Court, certify that the above attestation of the duly qualified Clerk of this Court, is in proper form, and that the signature thereto is genuine. / 8/02/07 r/ ,Judge Date BURKE F. MCCAHILL Typed Name of Judge Clerks of Virginia Courts: When an original record or copy of a record is transmitted to another Vfrginia Court, only the Clerk's attestation is required. When either an original record or copy is transmitted to a court outside Virginia, both the clerk's attestation and the judge's certification are required. Clerk of Other Courts: The above attestation, the affixing of the Court's seal, and the certificate meet the requirements of 28 U.S.C. § 1738, entitling the record so attested and certified to full faith and credit. Form CC-i63o 8/04 Virginia Courts Case Information System ,; Virginia Courts Case Information Name List Pleadings/Orders Services Main Menu Logoff Loudoun County Circuit -Civil Division Case Details Page 1 of 2 Cane Number: Filed: CH00024123-00 OS/11 /04 Fi~ng Type: In}unction Number of Plaintiffs: Number of Defendants: 0001 0004 Commenced By: Initial Filing Bond: ~n Complez Case: Plaintiffs Plaintiff: Trading as: Attorney: Defendants AM-LINER EAST; INC WAYNE G TRAVELL Defendantl: LATIlVII;R, STEVEN Trading as: Attorney: SAM D SCHOLAR Defendant2: HOWARD, VICTOR Trading as: Attorney: SAM D SCHOLAR Defendant3: KAVANAUGH, RANDY S Trading as: Attorney: Hearings ® Date Time Type -~ Room Duration ~ Reault ^1 12/13/04 9:OOAM o Be Set ~ ~ et For Trial 20 1/07/05 10:00AM Com 1 O Q O Resolved Order Pendin 0 2/04/05 10:00AM Motion/Other Pre-Trial ~ ~ Q Resolved ® 5/06105 I O:OOAM otion/Other Pre-Trial ~ ~ a Continue 5~ 6 7 5/25/05 5/26/05 8/05/05 10:00AM 10:00AM 10:00AM Trial rial Motion/Other Pre-Trial ~ ~ ~ ~ 2 Da (s) ~ ~ Q Q ~ Continue o Lo er Under Advisement Withdrawn n r-n ~n ~ ~n n http://wasdmzl .courts.state.va.us/CJISWeb/CaseDetail.do 5/15/2007 Virginia Courts Case Information System ~. Page 2 of 2 IU 09/23/05 S:OOPM Present Decree And/Or Order u~~u~Resolved ~ ~I Date Ordered To Mediation: Final Disposition . Judgment: Other . Final Order Date: 09/23/05 . Appealed Date: . Concluded 13y: Trial Judge With Witnesses Name List Pleadings/Oniers Senric~s Main Menu Logoff ACOPf~SfE Ga~- Getman, ~ eputy lark http://wasdmzl .courts.state.va.us/CJISWeb/CaseDetail.do 5/15/2007 .~ Virginia Courts Case Information System Page 1 of 2 Virginia Courts Case Information Retum to Case Main Menu Logoff Loudoun County Circuit -Civil Division Pleadings/Orders Detail Case Numbers CH00024123-00 Filed 09/02/04 Type ~ war Party DEF Jud e ~ ~ ~ __ Pa a Remake ~ TO BOC/GROUNDS OF DEFENSE 09/24/04 09/24/04 Answer/Grounds swat/Gmun~ DEF EF C~ ~ ~ ~ ~ HOWARD'S ANS. & GD ~ R KAVANAUGH'S ANS. & GD 09/24/04 war/Grounds DEF ~ ~ ~ MARYLAND TRENCHLESS'ANS.GD 1/03/05 . Motion -~ PET ~~ ~ ~ MOTION T/COMPEL 12/13/04 Order ~ TDH 137.. 0697 SCHEDULING 12/13/04 Order ~ TDH 137 0698 P-TRIAL SCHEDULING 01/06/05 otion DEF ~ ~ ~ IN OPP TO M/COMPEL DOGS O1/07/OS Order ~ BFM 138 0116 COMPELLING PROD DOCUMENTS 01/13/05 Objection DEF U 0 0 HOWARD/T REQ FOR PRODUCTIO 01/13/05 Motion DEF ~ ~ ~ LATIMER/TO COMPEL FRODUCTI 01/13/05 iyotice DEF ~ ~ ~ LATIMERIOF HAERING 01/21/05 otion PLT ~ ~ ~ F/CONFIDETISANCTIONS/PROTE 01/28/OS Motion DEF ~ ~ ~ IN OPP/T CONFIDENTIALITY 01/28/05 otion DEF ~ ~ ~ TO COMPEL DEPOSITIONS 1/28/05 otice DEF ~ ~ ~ OF HEARING/COMPEL 02/02/05 rbjection PLT ~ ~ ~ T/MOTION TO COMPEL PRODUCT 02/02/05 O 'action PLT ~ ~ ~ T/MOTION TO COMPEL DEPOSIT 02/04/05 Order ~ BFM 138 .0995 GRANT 2ND MOT TO COMPEL 02/04/05 ~rder BFM 138 0993 OMPEL RESCH/ATTEND DEPOS 02/04/OS Order ~ BFM 13$ 0991 COMPEL PET PRODUCE DOCUM 0?J04/OS Order ~ BFM 138 0986 CONFIDENTIALITY ORDER 03!23/05 otice PET ~ ~ ~ OF DEPO OF TAYLOR UTILITIE 03/23/05 Notice ~ PET ~ ~ ~ OF DEPO OF ORBIT CONSTRUCT 03/23/OS .Notice PET ~~ 0 0 OF DEPO OF BAP UTILITIES 03/23/05 otice-~ PET ~ ~ ~ OF DEPO OF HUMPHREY & SON 03/23/OS Totice PET ~ ~ ~ OF DEPO OF SINGLETON ENTER 03/23/05 otice PET ~ ~ ~ OF DEPO OF JOHN DOTSON r-~ ~~ ~ r~ n r~ http://wasdmz l .courts. state.va.us/CJIS Web/CaseDetail.do 5/15/2007 Virginia Courts Case Information System ~, Page 2 of 2 03/23/05 L Praecipe ( PET ~~ U U~ F~OR ENTRY OF ORDER 03/23/OS Order ~ BFM 139 25 AGREED ORDER 03/25/OS atice DEF C~ 0 0 WSSC/DE BENS DEPOSITION 03/25/05 otice DEF ~ ~ ~ WILSON/DE BENS DEPOSITION 03/29105 Motion PLT ~~ ~ ~ T/COMPEL DISCOVERY/SANCTIO 04/29/05 Motion DEF ~~ ~ ~ NID TRENCH/IN OPP T. COMPEL 05/12/05 Order ~ ~ ~ ~ ORDER REJ/NEED SIGNATURE OS/10/OS Other DEF ~ ~ ~ EXHIBIT LIST OS/10/OS Other DEF C~ ~ O WITNESS LIST OS/11/OS . Other PLT ~~ ~ ~ WITNESS LIST OS/11/OS ~ PLT ~~ EXHIBIT LIST 05/16/05 Other DEF ~ ~ ~ MARYI-AND/AFFIDAVIT 05/16/05 Other DEF ~ ~ ~ LATIMERJAFFIDAVIT 05/16/05 Other DEF ~~ ~ ~ KAVANAUGH/AFFIDAVIT 05/16/05 Other DEF C~ 0 HOWARD/AFFIDAVIT 06/23/05 07/01/05 Order ~ inion Letter ~ ~ BFM BFM 140 140 915 1278 ORD/GRANT 3RD MOT COMPEL OPII~IION LETTER 07%20!05 otion PLT ~ ~ ~ F/RECONSIDERATION OF LTR 07/20/05 Memorandum ~ PLT ~ ~ ~ USPPT OF MOT F RECONSID 07/29/05 Motion DEF ~~ ~ ~ IN OPP/T RECONSIDERATION 08/03/05 inion Letter ~ BFM 141 52 OPINION LETTER 08/17/05 Memorandum PLT ~~ ~ ~ URESP T LTR OPIlVION 08/17/05 Transcri t PLT ~ ~ ~ OF TRIAL ON 5/25.26, 2005 08/31/05 09/14/05 Memorandum inion Letter DEF ~ ~ BFM ~ 141 ~ 1955 URESP TO LETTER OPIhTION OPINION LETTER RDER AND DECREE 09/23/OS Order ~ BFM 141 2341 FINAL O Retum to Case Main Menu Logoff http://wasdmz l .courts.state.va.us/CJIS Web/CaseDetail.do A C~'IftESTE Gary M. Gars, CI gy C 5/1 5/2007 KT Q "+ / Q --y ,:: ~F,~. • ~ .r. -''` - t-. -= ~ -;- .. O ~ Cs ~~~..~.~ ffJi fat ~p1r r~f~~ ~ Ae«.':i 5;., ~'~ .~ ~` fiM1 !, e ' ~ ~' ~ ~ i..-~: ~ ; y.; CERTIFICATION OF AN OFFICIAL RECORD Case No.24 T 23 Va. Code §§8.oi-389 ~ 8.oi-39i: U.S. Coast. art. IV Sec. 1; 28 U.S.C. § 1738 - Loudoun County Vu'ginia, Circuit Court Clerk's Attestation I, the Clerk of this Court, attest that the annexed Abstract of Judgement of Am-Liner East Inc. vs Steven Latimer et al Description of Original Record or Copy _in.- the amrnmt of ~3~~,~ 906 n~ ilnc PtPri in t~,o T nitdotm ('n m Tti~i mpn }L.~gE...r.t Lien_Book instr~i 2005092Rn1104~7 ~ is an official record of this Court in my custody. ^ is a true, correct, and complete copy of an official record of this Courtin my custody and I am the custodian of that record. The annexed copy has been examined and compared with the original. Given under my hand the seal of this court on November 8, 2005 ,r,_ , Date (~~) Judge's Certi$cation M Clemens Name of Clerk I, (a) (the) Judge of this Court, certify that the above attestation of the duly qualified Clerk of this Court, is in pmper form, and that the signature thereto is genuine. November 8, 2005 ~~~~~ Judge Date Burke McLIahill 'T`yped Name of Judge Clerks of Vi~rglnia Courts: When an original record or copy of a record is transmitted to another Virginia Court, only the Clerk's attestation is required. When either an original record or copy is transmitted to a court outside Virginia, both the clerk's attestation and the judge's certification are required. Clerk of Other Courts: The above attestation, the affixing of the Court's seal, and the certificate meet the requirements of ~8 U.S.C. § 1738, entitling the record so attested and certified to full faith and credit. Form CC-i63o 8/04 ABSTRACT OF JUDGMENT Case: 24123 ~n.~..... Loudoun County Circuit Court AM-LINER EAST INC ..................................................................................... FULL NAME OF PLAINTIFF(S) This is to certify that a Judgment was rendered in X~ this Court in favor of: XD PLAINTIFF(S) against DEFENDANT(S) DEFENDANT(S) against PLAINTIFF(S) ^ ................................................. V....................................................... STEVEN LATIMER, RANDY KAVANAUGH .................................................................................... FULL NAME OF DEFENDANT ............................................... ............................... DEFENDANTS STREET ADDRESS ........................................ ...................................... DEFENDANTS CIl'Y, STATE ZIP ..................................................................................... DEFENDANTS DATE OF BH2TH/SOCIAL SECURITY NUMBER V VICTOR HOWARD, MTT TECHNOLOGIES INC .................................................................................. FULL NAME OF DEFENDANT ..................................................................................... DEFENDANTS STREET ADDRESS ..................................................................................... DEFENDANTS CITY, STATE ZIP ......... .......................... .................. DEFENDANTS UA'FE OF BIRTH/SOCL4L SECURITI' NUMBER Date of judgment: 09/23/2005 Amount of judgment: 1333,906.00 Homestead Exemption Waived ~ YES ~ NO ~ CANNOT BE DEMANDED Alternate value of specific property awarded: ; Interest rate(s) and beginning date(s): 6% ANNUALLY FROM JULY 1, 2005 Costs Attorney's fees Attorney Name S S WAYNE G TRAVELL Other :.................................................................................................................................................................................. I certify the above to be a true abstract of a Judgment docketed in the Clerk's office of this court in Judgment Lien Docket Book/Reel _, Page/Frame _ or Instrument Number 0110327 on Seotember. 28.2005 at 01:59PM November 8, 2005 GaA/ ice/ ~}Ienwrya /~ ,CLERK ..............Date ............ FORM CC-14848 7/96 (114:6-0105/98) VA. CODE §8.01-449 a t t ~i VIRGINIA: IN THE CIRCUIT COURT FOR LOUDOUN COUNTY AM-LINER EAST, INC. ) Petitioner, ) v. ) Chancery No. 24123 STEVEN LATIlVIER, ET AL. ) Respondents. ) FINAL ORDER AND DECREE THIS CAUSE came before the Honorable Burke F. McCahill for a bench trial on May 25 and 26, 2005 upon the Petitioner's claims for relief for certain alleged torts committed by Respondents Steven Latimer, Randy Kavanaugh, Victor Howard, and Maryland Trenchless Technologies, Inc. ("MTT"). Petitioner Am-Liner East, Inc. ("Am-Liner") withdrew its claim for injunctive relief contained in Count I of the Bill of Complaint. Accordingly, the issues before the Court were Count II: Breach of Loyalty as to Defendant Latimer; Count III: Tortious Interference with Contract as to Defendants Howazd, Kavanaugh, and MTT; Count IV: Tortious Interference with Business Relationships as to Defendants Latimer, Howazd, Kavanaugh, and MTT; Count Vl: Civil Conspiracy as to Defendants Latimer, Howard, Kavanaugh, and MTT; and Count VIZ: Statutory Conspiracy as to Defendants Latimer, Howazd, Kavanaugh, and MTT. ' The Bill of Complaint, as filed, contained two Count Ns and, therefore, the Court refers to this count as Count V. s Because of the numbering, this was referred to as Count V error in the Bill of Complaint, but is referred to by the Court in its Letter Decision and herein as Count VI. 000300-00006 -1 •' ti Upon consideration of the pleadings, the testimony, exhibits, deposition transcript designations, and all the evidence presented in open Court, and other matters of record, the Court hereby adopts as and for its findings and rulings the matters set forth in its Letter Opinion to counsel dated July 1, 2005, as modified by its letter Opinions of August 3, 2005 and September 14, 2005, and the findings and rulings set forth in this Final Order and Decree: FINDINGS 1. Latimer breached his duty of loyalty to his employer Am-Liner, and is liable under Count II, by participating in the funding and formation of MTT while still employed by Am-Liner, by assisting MTT in the performance of the Briggs Chaney job while still employed by Am-Liner, and by participating in the operations of MTT while it pursued the Jones Branch and Hil Mar jobs while still employed by Am-Liner. 2. Howazd, Kavanaugh, and MTT tortiously interfered with Am-Liner's valid at-will employment contract with Latimer, and are liable under Count III, by having knowledge of Latimer's contract and duty of loyalty to Am-Liner and by using Latimer to perform work for MTT on the Briggs Chaney job, which was directly competitive to Am-Liner. Howard and Kavanaugh aze personally liability for their tortious conduct. 3. Howazd, Kavanaugh, and MTT tortiously interfered with Am-Liner's business expectancy relating to the Josephs Branch job, and aze liable under Count IV, by having knowledge of Am-Liner's valid business expectancy and using improper methods to intentionally interfere with that expectancy by using Am-Liner's employee to represent their ability to perform the job. Howard and Kavanaugh are personally liable for their tortious conduct. -2- :~, 4. Petitioner has not proved that Latimer, Howard, Kavanaugh, and MTT formed a civil conspiracy against Am-Liner as alleged in the Bill of Complaint, and therefore, Latimer, Howard, Kavanaugh, and MTT are not liable under Count V. 5. Petitioner has not proved by clear and convincing evidence that Latimer, Howard, Kavanaugh, and MTT formed a statutory conspiracy against Am-Liner as alleged in the Bill of Complaint, and therefore, Latimer, Howard, Kavanaugh, and MTT are not liable under Count VI. 6. Petitioner has proved that it suffered damages in the amount of $2,600 incurred in attorney's fees as a result of Latimer's actions under Counts II, III. 7. Petitioner has proved that it suffered damages in the amount of $331,306 for lost profits on the Joseph's Branch job as a result of the Defendants actions under Counts II, III, and IV. ORDER Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that judgment is hereby entered in favor of Petitioner Am-Liner East, Inc. against Defendants Steven Latimer, Victor Howard, Randy Kavanaugh, and MTT Technologies, Inc., jointly and severally, in the amount of $333,906, plus interest at the judgment rate of six percent (6 %) annually, accruing from the date of July 1, 2005 until satisfied, on Counts II, III, and IV. THIS ORDER IS FINAL. ENTERED this 23 ~ y of ,~t~ , 2005. ~~. The Honorable Burke F. McCahill Circuit Court for Loudoun County -3- Seen and objection noted with regards to the Court's ruling that Petitioner failed to prove civil and/or statutory conspiracy, and that its proof of damages as to the Briggs Chaney and Hil Mar Drive jobs were too speculative to support an award: Wayn G. Travell, Esquire Leach Travell, a professional corporation 1921 Gallows Road, Suite 425 Vienna, Virginia 22182 Counsel for Petitioner Seen and objection noted with regards to the Court's ruling that MTT, Howard and Kavanaugh represented to Humphrey that Latimer would work on Josephs Branch, that MT, Howard and Kavanaugh interfered with Latimer's employment-at-will contract with Am-Liner: D~ Sam D. Scholar, Esquire 308 Hillwood Avenue, Suite 300 Falls Church, Virginia 22046 Counsel for Respondents ,A COPY TESTS ~a M. Ciem ~~i - 4 - - PP y C4e~,!< t ~: .fit tla37i~~~ LpYJp{/, County ~ VA VIRGINIA : ~~~~~ ''S°`~" Wry M. CiNw+s. Clerk IN THE CIRCUIT COURT FOR LOUDOUN COUNTY AM-LINER EAST, INC. } } Petitioner, } v. ) Chstacery No. 24123 STEVEN LATIMER, ET AL. ) Respondents. ) FINAL ORDER AND DECREE THIS CAUSE came before the Honorable Burke F. McCahill for a bench trial on May 25 and 26, 2005 upon the Petitionci's claims for relief for certain alleged torts committed by Respondents Steven Latimer, Randy Kavanaugh, Victor Howard,. and Maryland Trenchless Technologies, Inc. ("MTT"). Petitioner Am-Liner East, Inc. ("Am-Liner") withdraw its claim for injunctive relief contained in Count I of the Bill of Complaint. Accordingly, the issues before the Court were Count II: Breach of Loyalty as to Defendant Latimer; Count III: Tortious Interference with Contract as to Defendants Howard, Kavanaugh, and MTT; Count IV: Tortious Interference with Business Relationships as to Defendans Latimer, Howard, Kavanaugh, and MTT; Count Vt: Civil Conspiracy as to Defendants Latimer, Howard, Kavanaugh, and MTT; and Count VI2: Statutory Conspiracy as to Defendants Latimer, Howard, Kavanaugh, and MTT. ` The Bill of Complaint, as filed, contained two Count N's and, therefore, the Court refers to this count as Count V. 2 Because of the numbering, this was referned to as Count V error in the Bill of Complaint, bnt is refen-ed to by the Court in its Leiter Decision snd herein as Count VI. 000300-00006 Rl~N l~~~I~~ ~~~~:„~ Pap: 2 OF 4 Upon consideration of the pleadings, the testimony, exhibits, deposition transcript designations, and all the evidence presented in open Court, and other matters of record, the Court hereby adopts as and for its findings and rulings the matters set forth in its Letter Opinion to counsel dated July 1, 2005, as modified by its letter Opinions of Augast 3, 2005 and September 14, 2005, aad the findings and rulings set forth in this Final Order and Decree: FIlVDIl~iGS l . Latimer breached his duty of loyalty to his employer Am-Liner, aad is liable under Count II, by participating in the funding and formation of MTT while still employed by Am-Liner, by assisting MTT in the performance of the Briggs Chaney job while still employed by Am-Liner, and by participating in the operations of MTT while it pursued: the Jones Branch and Hil Mar jobs while stillemployed by Am-Liner. 2. Howard, Kavanaugh, and MTT tortiously irrterfere~ with Am-Liner's valid at-will employment contract. with Latimer, and are liable under Count III, by having knowledge of Latimer's contract and duty of loyalty to Am-Liner and by using Latimer to perform work for MTT on the Briggs Chaney job, which was directly competitive to Am-Liner. Howard and Kavanaugh are personally liability for their tortious conduct. 3. Howard, Kavanaugh, and MTT tortiously interfered with Am Liner`s business expectancy relating to the Ioscphs Branch job, and are liable under Count N, by having knowledge of Am-Line's valid business expectancy and using improper methods to intentionally interfere with that expectancy by using Am-Liner's employee to represent their ability to perform the job. Howard and Kavanaugh are personally liable for their tortious conduct. -2- I~~~~~~I~~I~I~III Ins t r : 2l~NiGlY-et 7!827 PaM: 3 OF 4 4. Petitioner has not proved that Latimer, Howard, Kavanaugh, and MTT formed a civil conspiracy against Am-Liner as alleged in the Bill of Complaint, and therefore, Latimer, Howard, Kavanaugh, and MTT are not liable under Count V. 5. Petitioner has not proved by clear and convincing evidence that Latimer, Howard, Kavanaugh, and MTT formed a statutory conspiracy against Am-Liner as alleged in the Bill of Complaint, and therefore, Latimer, Howard, Kavanaugh, and MTT are not liable under Count VI. 6. Petitioner has proved that it suffered damages in the amount~of $2,600 incurred in attorney's fees as a result of Latimer's actions under Counts II, III. 7. Petitioner has proved that it suffered damages in the amount of $331,306 for lost profits on the Joseph's Branch job as a result of the Defendants actions under Counts II, III, and N. ~ '~.~ ~ Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that judgmem is hereby entered in favor of Petitioner Am-Liner East, Inc. against Defendants Steven Latimer, Victor Howard, Randy Kavanaugh, and MTT Technologies, Inc., jointly and severally, in the amount of $333,906, plus i~crest at the judgment rate of six percent (6 %) annually, accruing from the date of July 1, 2005 until satisfied, on Counts II, III, and N. THIS ORDER IS FINAL. ,e9 ENTERED this 23 'gay of _ ~G~ 2005. The Honorable Burke F. McCahill Circuit Court for Loudoun County -3- f~~ ~~ ~1~~~~ Inttr. 110927 Pam : 4 OF 4 Seen and objection noted with regards to the Court's ruling that Petitioner failed to prove civil and/or statutory conspiracy, and that its proof of damages as to the Briggs Chaney and Hil Mar Drive jobs were too speculative to support an award: N .. Wk~~ ~+ G. Travell, yn Esgwre Leach Travell, a professional corporation 1921 Gallows Road, Suite 425 Vienna, Virginia 22182 Counsel for Petitioner Seen and objection noted with regards to the Court's ruling that MTT, Howard and Kavanaugh rcprescnted to Humphrey that Latimer would work on Josephs Branch, that MT, Howard and Kavanaugh interfered with Latimer's employment-at will contract with Am Liner: Sam D. Scholar, Esquire 308 Hillwood Avenue, Suite 300 Falls Church, Virginia 22046 Counsel for Respondents A co~r-rES-rt= - 4 - Gary 1~ ns Cterk By u~~~ Deputy Cierk w, VIRGINIA: IN THE CIRCUIT COURT OF LOUDOUN COUNTY AM-LINER EAST INC VERSUS STEVEN LATIMER ET AL CH24123 ORDER ara ~ C'-~a. r,-~ Judge A COPYTESTE Gary M. Clemens, CI rk By ~~ Deputy Clerk It appearing to the Court pursuant to Section 8.01-452.1 of the Code of Virginia, that at least 60 days have elapsed from the entry of judgment or from the date that any appeal or rehearing has concluded in the above mentioned civil case, and It further appearing that the Clerk of this court has possession of exhibits filed in the case, and that at leasf 21 days have elapsed since the Clerk notified the owner or his attorney by i•Irst-class mail of those exhibits in his possession, and It further appearing that the Clerk has not received a request for the return of the exhibits it is therefore ORDERED that the Clerk may dispose of or donate any exhibits filed in the above mentioned case in his possession. ~-P (~- ENTERED this ~ day of C~Cet~~ , 2005 A ~ONIIvIONWEALTH OF VIl2GINIA Cour~~ of I..oUDOUN OFFICE OF THE CLERK OF CIRCUIT COURT P.O. BOX 550 LEESBURG, VIItGINIA 20178 LOCAL 703-777-0270 www.loudoun.gov/clerk Brenda S. Butler Gary M. Clemens ~~ Deputy Clerk ~~ Date : ~ To: ~ ~ ~a Ye.~ V V ~~ rx~. 2~~.1 ~~ In Re: t~ ~ - ~ ,crl~ nS-~ ~ C Versus ~e~~en ~~~rn~r C:~" a-~ ` Case # wiuiam L. Loy Assistant Chief Deputy ~~ ~,~ ~ a3 This is to inform you that unless you pick-up the exhibits filed by you in the above styled case from the Clerk's Office within 21 days from the date of this notice, the Clerk will prepare an order allowing the disposal of the said exhibits pursuant to Section 8.01-452.1 of the Code of Virginia. Exhibits may be picked up from the file room of the .Clerk's Officer located on the basement level of the courthouse. If you have any questions, you may contact Bobby Anderson or Karen Myers at 703- 777-0270 (File Room Option). Sincerely, Gary M. Clemens, Clerk of the Circuit Court De uty Clerk ~:OMMONWEALTH OF VIRGINIA' COUNTY OF LOUDOUN OFFICE OF TIC CLERK OF CIRCUIT COURT P.O. BOX 550 LEESBURG, VIRGINIA 20178 LOCAL 703-777-0270 www.loudoun.gav/clerk Brenda S. Butler Gary M. Clemens William L: Loy Chief Deputy Clerk Assistant Chief Deputy il~,~~~ Date: ~~ ~ ~ ~ ~ YI(b0~ ~V~ -~-a t l s L~ << x~ V a~a~ ~ In Re : ~CYY~ ~ ,c r1 t-1' ~~T ~C Versus " ~,t~~,tr'~ ~~1 YY~~ ~.~ a.,~ Case # ~~ ~~' 1 d~~ This is to inform you that unless you pick-up the exhibits filed by you in the above styled case from the Clerk's Ofl=rce within 21 days from the date of this notice, the Clerk will prepare an order allowing the disposal of the said exhibits pursuant to Section 8.01-452.1 of the Code of Virginia. Exhibits may be picked up from the file room of the Clerk's Office, located on the basement level of the courthouse. If you have any. questions, you may contact Bobby Anderson or Karen Myers at 703- 777-0270 (File Room Option). Sincerely, Gary M. Clemens, Clerk of the Circuit Court By, ~ . De uty Clerk ~~ <'_ ~ _ c=i ~ _ ~ ;~ .~- _`cs m ~ _ ~~ ~ _ ( _s ~ ~ ~~ ;:o. ~ "C KER EAST, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ - $!~(.-.5' CIVIL v. HOWARD, :CIVIL ACTION -LAW Defendant . AFFIDAVIT Keith O. Brenneman, Esquire, being duly sworn according to law, deposes and says: that is the attorney for Plaintiff Am-Liner, Inc. and that he is authorized to make this affidavit on behalf and that, to the best of his knowledge, information and belief: 1. The name of the judgment debtor is Victor Howard. 2. The last known post office address and residence of the judgment debtor is 109 Valley Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The name of the judgment creditor is Am-Liner East, Inc. 4. The last post office address of the judgment creditor is: Am-Liner East, Inc. c/o Wayne G. Travell, Esquire Leach Trevell Britt, P. C. 8270 Greensboro Drive, Suite 1050 McLean, VA 22102 5. The judgment in favor of Plaintiff Am-Liner East, Inc. and against Defendant Victor entered in the total of $333,906 plus interest in the Circuit Court for Loudoun County, LAW OFFICES SNELBAKER EC BRENNEMAN. P.C. 'irginia, Chancery No. 24123 is valid, enforceable and unsatisfied as of this date. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 August 24, 2007 (717) 697-8528 Attorneys for Plaintiff Am-Liner East, Inc. to and subscribed before me is 24~` day of August 2007. otary HWEgl,TF10F ENNSYLVMUA Noland Seel 8iaaen L Me~1. Notary Pubic E~'~NoN 2407 FAamber, pM~ylvsnla A88oCiatbn of Nolauia LAw o~icEs SNELBAKER St BRENNEMAN. P.C. N ~~ f CJ ~ ~ ~ p Q C"a rv C' ~, O ~ t r' r ~'' ~,,. ~" ~ ~ ~i ~ ~;.-' ; . .N -~ ... ~ `~" ''1'r ( :-.. .~ ~ j .,,~ ~ "'.1 ~ AM-LINER EAST, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-5065 CIVIL VICTOR HOWARD, :CIVIL ACTION -LAW Defendant PROOF OF MAILING COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for AM- Liner East, Inc., the Plaintiff in the above-captioned action; that on August 24, 2007 he did send to Defendant Victor Howazd by regular mail, postage prepaid, notice of the entry of judgment against Victor Howard as evidenced by the cover letter of the same date attached hereto and incorporated by reference herein as "Exhibit A"; that included with the cover letter were copies of the filed Praecipe to File and Index Foreign Judgment and Assess Damages, a copy of the filed Affidavit and copies of the Certifications of the record and docket entries pertaining to the Virginia judgment transferred to Cumberland County, Pennsylvania by and through the above action; that attached hereto and incorporated by reference herein as "Exhibit B" is the original Certificate of Mailing for the mailing and transmission of the above-referenced documents to Victor Howazd; and that the facts stated above aze true and correct to the best of his knowledge, information and belief. LAw o~icEs SNELBAKER & BRENNEMAN. P.C. Sworn to and subscribed before me, this 27~' day of August, 2007. Notary Public 1/~liv~. Keith O. Brenneman, Esquire TM OF PENNSYLVANIA Notarial Sed Swan L bMdtaxi, Notary PubYc ~Aa 8a0. Qlr~ld Corr>hl (~Aya I~oNmr~~ion E~M~ea Nov. ~1,1A0~7 AAembitr, Pennsylvania 1lssoc~atlon of Notaries SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW as vv>:sr 1r1Ana srREEr MECHANICSBURG, PENNSYLVANIA V055 nlcxnr~ c. sxELBAKEn KEITH O. BRENNEb[ATI 717.697-8528 P. O. BOX 318 FAGSib(tLE (717) 697.768! Victor Howazd 109 Valley View Drive Mechanicsburg, PA 17050 August 24, 2007 Re: Am-Liner East v. Victor Howard No. 2007-SOfiS, Cumberland County, Pennsylvania Dear Mr. Howard: This letter will serve as notice to you that a judgment has been entered against you in Cumberland County, Pennsylvania in the amount of $376,993.59, plus additional interest to be accrued until paid in full, in favor of Am-Liner East. This judgment was entered August 24, 2007. Enclosed please find a Praecipe to File and Index Foreign Judgment and Assess Damages, a copy of an Ai~idavit that was filed and certifications of the official record and docket entries pertaining to the judgment transferred to Cumberland County, Pennsylvania. Yours truly, KOB/sm Enclosures Keith O. Brenneman CC: Roxanne F. Rosado, Esquire (w/enclosure) :~ EXHIBIT A LAw o~ICEs SNELBAKER ~f BRENNEMAN, P.C. TAL S MAV USED . PNOYIDE FOR Mi18l1AI~liCE - P06Ti<IAST't~1 Raoahred From: QA 1 ~o~~ Keith 0. Brenneman, Esqui 44 W. Main Street a Mechanicsburg, PA 17055 v One pace of ordinary mail addressed to: Victor Howard 109 Valley View Drive Mechanicsburg, PA 17050 PS Form 3817, Mar.1989 r f '~ t ' ~~, '~ o°O~ ~_~ C t77 ~ ~ op1~r N^ J~~~ ~ atotttJJJJ~~~~nop~ .j;. W V ~ tR. a ;Sis EXHIBIT B ~'~..., ' .-"' ~~ 1 ' t `'' cr _ -. , _ a ~ fi -^ :: ~ i f ` ~- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AM-LINER EAST, INC., :File No. 2007-5065 Plaintiff :Amount Due: $333,906.00 v. :Interest: $43,087.59 (July 1, 2005 to August 24, 2007) plus 6% per annum from August 24, 2007 on $333,906.00 until paid in full. Attorney's Commission: N/A VICTOR HOWARD, :Costs 109 Valley View Road Mechanicsburg, PA 17050, Defendant and UTILITY SERVICES GROUP, INC., Garnishee TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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): twenty-five percent (25%) of all net wages, salaries, commissions, bonuses and other earnings of Defendant Victor Howazd paid by Utility Services Group, Inc., Garnishee, of 1304 Slate Hill Road, Camp Hill, Pennsylvania and all other property of the Defendant in the possession, custody or control of the said Garnishee. (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: ~~'~ ~ ~~7 Signature: ~~~~~~~^ Print Name: Keith O. Brenneman Address: 44 West Main Street Mechanicsburg, PA 17055 Attorney for: Am-Liner East, Inc. Telephone: (717) 697-8528 Supreme Court ID No.: 47077 f ~~ 4.- \ j ~J ~ ~ ~. ~, ~ ~~, F ~ r; ~ ~` ~> ~ ~' ~' iii `~ ~, ^`' `~ A~~Y1 ~ ~ x `. J `~ V ` a ~. ~ q, ,~~`'` 1` ~, ` U i\ `~ ~. ~, 5i.i -, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02007-5065 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AM-LINER EAST, INC. Plaintiff (s) From VICTOR HOWARD 109 Valley View Rd. Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of UTILITY SERVICES GROUP, INC. GARNISHEE(S) as follows: Twenty-five percent (25%) of all net wages, salaries, commissions, bonuses and other earnings of Defendant Victor Howard paid by Utility Services Group, Inc., Garnishee, of 1304 Slate Hill Road, Camp Hill, Pennsylvania and all other property of the Defendant in the possession, custody or control of the said Garnishee. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$333,906.00 L.L.$.50 Interest $43,087.59 (July 1, 2005 to August 24, 2007) plus 6% per annum from August 24, 2007 on $333,906.00 until paid in full Atty's Comm Atty Paid $56.00 Plaintiff Paid Date: October 8, 2007 Due Prothy $2.00 Other Costs Curtis R. Long, Prothonotary (Seal) REQUESTING PARTY: Name Keith O. Brenneman, Esq. Address: 44 W. Main St. Mechanicsubrg, PA 17055 Attorney for: Am-Liner East, Inc. Telephone: (717) 697-8528 By: ~~~ , Deputy Supreme Court ID No. 47077 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AM-LINER EAST, INC., :File No. 2007-5065 Plaintiff :Amount Due: $333,906.00 v. :Interest: $43,087.59 (July 1, 2005 to August 24, 2007) plus 6% per annum from August 24, 2007 on $333,906.00 until paid in full. Attorney's Commission: N/A VICTOR HOWARD, :Costs 109 Valley View Road Mechanicsburg, PA 17050, Defendant and SOVEREIGN BANK, 6520 Cazlisle Pike Mechanicsburg, PA 17050, Garnishee TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property: any and all checking, savings, money market and other accounts of Defendant Victor Howard, whether titled alone in his name or jointly with another or others, held by Sovereign Bank, Garnishee, and all other property of the Defendant in the possession, custody or control of the said Garnishee. (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: C3~~ ~~ ~`7 Signature: Print Name: Keith O. Brenneman Address: 44 West Main Street Mechanicsburg, PA 17055 Attorney for: Am-Liner East, Inc. Telephone: (717} 697-8528 Supreme Court ID No.: 47077 ca c 0 ~ ~ O ~' ~'b ~ ~ " %' N , ~C": t~ - C,~"Z' ~ C ~ u ~ a ~ ~.. " ~ ~' ~ ~~ c C o •J ~... L ~ ~ ~.- o v -rs F ~ ~ ~ n ~ ~ ~1 ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5065 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AM-LINER EAST, INC. Plaintiff (s) From VICTOR HOWARD, 109 VALLEY VIEW ROAD, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of SOVEREIGN BANK, 6520 CARLISLE PIKE, MECHANICSBURG, PA 17050 GARNISHEE(S) as follows: ANY AND ALL CHECKING, SAVINGS, MONEY MARKET AND OTHER ACCOUNTS OF DEFENDANT VICTOR HOWARD, WHETHER TITLED ALONE IN HIS NAME OR JOINTLY WITH ANOTHER OR OTHERS, HELD BY SOVEREIGN BANK, GARNISHEE, AND ALL OTHER PROPERTY OF THE DEFENDANT IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID GARNISHEE. and to notify the garnishees} that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$333,906.00 L.L. Interest $43,087.59 (JULY 1, 2005 TO AUGUST 24, 2007) PLUS 6% PER ANNUM FROM AUGUST 24, 2007 ON $333,906.00 UNTIL PAID IN FULL. Atty's Comm % Due Prothy $2.00 Atty Paid $78.00 Other Costs Plaintiff Paid Date: October 25, 2007 (Seal) REQUESTING PARTY: Name KEITH O. BRENNEMAN Address: 44 WEST MAIN STREET MECHANICSBURG, PA 17055 Attorney for: AM-LINER EAST, INC. Telephone: 717-697-8528 is Curtis R. Lo~`n~g, Prothonotary By: ~~vcq.. Deputy Supreme Court ID No. 47077 SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-05065 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND AM-LINER EAST INC VS HOWARD VICTOR And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:30 Hours, on the 20th day of December 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT HOWARD VICTOR hands, possession, or control of the within named Garnishee SOVEREIGN BANK 798 EAST SIMPSON ST MECHANICSBSURG, PA 17055 Cumberland County, Pennsylvania, by handing to in the JOHN CAPPAWANA (MANAGER) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff ' s Costs : So a~i'"" ~~ Docketing .00 s~~%~ Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 12/21/2007 Sworn and Subscribed to before me this day of By '~~<.~`- e uty Sheriff A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Advance Costs: 150.00 Sheriff's Costs: 91.21 Docketing 18.00 58.79 Poundage 1.79 Advertising Law Library Prothonotary 2.00 Refunded to Atty on 12/31/07 Mileage 9.60 Surcharge 30.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee 9.00 Postage .82 Q~ TOTAL $ 91.21 / ~~ 0 9671 So Answers; ~.~ .~~..: R. T omas Kline, Sheriff 1 'J ~~. By C audia . Brewbaker :: ... ~-t'- _ ~_ e.- ~_ ~;_J ~.~ ~~ ~ L ~ ~ ~~ ~, ~2a a 957 c~. '~~ C r ~~ r-- ~_. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5065 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AM-LINER EAST, INC. Plaintiff (s) From VICTOR HOWARD, 109 VALLEY VIEW ROAD, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of SOVEREIGN BANK, 6520 CARLISLE PIKE, MECHANICSBURG, PA 17050 GARNISHEE(S) as follows: ANY AND ALL CHECKING, SAVINGS, MONEY MARKET AND OTHER ACCOUNTS OF DEFENDANT VICTOR HOWARD, WHETHER TITLED ALONE IN HIS NAME OR JOINTLY WITH ANOTHER OR OTHERS, HELD BY SOVEREIGN BANK, GARNISHEE, AND ALL OTHER PROPERTY OF THE DEFENDANT IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID GARNISHEE. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$333,906.00 L.L. Interest $43,087.59 (JULY 1, 2005 TO AUGUST 24, 2007) PLUS 6% PER ANNUM FROM AUGUST 24, 2007 ON $333,906.00 UNTIL PAID IN FULL. Atty's Comm % Due Prothy $2.00 Atty Paid $78.00 Other Costs Plaintiff Paid Date: October 25, 2007 (Seal) REQUESTING PARTY: Name KEITH O. BRENNEMAN Address: 44 WEST MAIN STREET MECHANICSBURG, PA 17055 Attorney for: AM-LINER EAST, INC. Telephone: 717-697-8528 Supreme Court ID No. 47077 f urns R. Lo((ng~~, ProthonoQtary By: O~~u~t. Deputy 4 ~ Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 1 1848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@kodak-imblum.com Attorne}~ for Am-Liner East, Inc. AM-LINER EAST, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION LAW VICTOR HOWARD : No. 07-5065 CIVIL Defendant JOINT PRAECIPE To The Prothonotary of Cumberland County: Please enter the appearance of Robert D. Kodak, Kodak & Imblum, P.C., whose address is 407 North Front Street, P.O. Box 11848, Harrisburg, PA 17108-1848, as Counsel for AM- LINER EAST, INC., the Plaintiff in the above-captioned case; and Please withdraw the appearance of Keith O. Brenneman, Esquire, Snelbaker & Brenneman, P.C., whose address is 44 West Main Street, Mechanicsburg, PA 17055, as Counsel for AM-LINER EAST, INC., the Plaintiff in the above-captioned c Dated: -- Robert D. Kodak LD. No. 18041 Counsel for Plaintiff Keith O. Brenneman I.D. No. 47077 Counsel for Plaintiff .; # CERTIFICATE QF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on _ Tune 3, 2009 a true and correct copy of the Ioint Praecipe for Entru and Withdrawal o~A~?perance, in the above-captioned matter was served upon the Defendant (or Defendant's counsel), via Regular U.S. Mail ,deposited at Harrisburg, Pennsylvania, addressed as follows: VICTOR L HOWARD 7695 MANOR DRIVE HARRISBURG PA 17112 KODAK & IM~,UM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff {~' ~Q~ 7~4 ~~ ~ ~ ~~ Z ~ ~# ~? ~1'~SYl.Vl~1 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 AM-LINER EAST, INC. Plaintiff vs VICTOR HOWARD 7695 MANOR DRIVE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA Writ No. Term 20 No. 2007-5065 Term 20 07 Amount Due 8/14/07 jdmt ............. $ 333,906.00 Interest from 7/ 1 / 05 -10/ 19/ 09 at $61.97 per diem ............ $ 92,415.71 HARRISBURG PA 17112 Atty's Commission DEFENDANT(S) 5 % statutory rate ......... . Costs (to be determined) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRTT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of DAUPHIN County, Pennsylvania (2) against VICTOR HOWARD $ 18,399.68 e en ants ; (3) and against anus ee s ; (4) and index this writ (a) against VICTOR HOWARD Defendant(s) and (b) against anus ee s , as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy): LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN DAUPHIN COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC., ' (5) Exemption has (not) been waived. Robert D. Kodak, Esquire ._ PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Dated 10/16/09 Attorney For Plaintiff(s) '(o)b0 [ £ amp ~S 'Pw!sap s! suapuad s!! a se 8u!xapu! pue payoeue s! aays!we8 ayl;o aweu ayi u! duadoid !ear;! ~C!uo paialdwoo aq p!noys (q)(b) ydei8eied '(q)b0 [ £ a!ng aaS ~~eiouoyioid ayi ~q ,Ciunoo ieyi u! asmoo;o se paimbu s! Suncapu! rCiunoo layioue of sanss! 3!u+ ayi aayM •(e)b0[£ a!ng ,Sq pazpoyine se pansap s! `aouemss!;o ,Ciunoo ayi u! suolinoaxa ayi;o 8u!xapm;! ~(!uo paia!dwoo aq p~noys (eXb) 4~~~d ~(iun+ ayi w papn!am aq of s! aays!tueS pauisu a u! ,C!uo paia!dwoa aq p!noys anoge) (£) ydexSeied ~panss! yo!yn~ u! ~iunoa ayi;o quays ayi of ~Sryo paloanp aq Sew iuaw~pnf paua;sueu a uo panss! i!u+ a (a)£OI £ a[nx jaPufl •paisa!pu! aq p!noys ~iunoo ayi `(q)£OI£ a!ng ,iq pazuoyine se ,(iunoa iay;oue;o;!uays ay1 of paioanp s! 3!~+ ayi uaym (~) yde~Ss~ed iapun 3.LON O N Z p H Z Q H ~ ~ W O w W Cn ~+ w O w o ~ ~ U N , z ~ n ~ z ,,, ~ ~ vo ,~ ~ ~ ~3 N r ~'~ tV ~~. C..~ ~- .. ~.~, eJ ~' ~ r ~ v Cf1 s~ C - fa ~. ~' d ''~i C7 . ~ -3 C?.r ~. ~ .i ~ ~ i ~' `~' ~ ~ 0 . ~ ~ ? ~O ~ r ~, - w `~ ~ ~ t w o A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02007-5065 Civil CIVIL ACTION -LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due AM-Liner East, Inc. Plaintiff (s) From Victor Howard 7695 Manor Drive Harrisburg, PA 17112 (1) You are directed to levy upon the property of the defendant (s)and to sell Levy upon all personal property of the above-listed Defendant(s) at the above address in Dauphin County, including but not limited to furniture, jewelry, electronics, supplies, etc. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$333,906.00 L.L. Interest from 7/1/05-10/19/09 at $61.97 per diem $92,415.71 Atty's Comm 5 %statutory rate $18,399.68 Due Prothy $2.00 Atty Paid $193.21 Other Costs Plaintiff Paid Date: October 19, 2009 (Seal) REQUESTING PARTY: Name Robert D. Kodak, Esq. Address: P. O. Box 11848 Harrisburg, PA 17108 Curtis R. Long, Prothonotary BY~ ~.~- ~~ Deputy Attorney for: Plaintiff Telephone: 717-238-7159 Supreme Court ID No.