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HomeMy WebLinkAbout08-1729 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff No. 08- 17a9 0 ivi ( --I& m vs. KENNETH BYERS and SHAWN M BYERS Defendant CIVIL ACTION PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY, CUMBERLAND COUNTY: Pursuant to the Pennsylvania Rule of Civil Procedure 3002, kindly file and index the attached certified docket entries and judgment previously entered in the Court of Common Pleas of Franklin County, in an action captioned BLUESTONE INVESTMENTS INC. vs. KENNETH BYERS and SHAWN M BYERS, at docket no. 2007-1021, and assess damages in favor of the Plaintiff, BLUESTONE INVESTMENTS INC., and against the Defendant, KENNETH BYERS and SHAWN M BYERS, as follows: Amount of Foreign Judgment $3,264.60 Payments 350.00 Interest (from March 29, 2007 to February 27, 2008 at statutory of 6% per annum) 161.32 TOTAL Dated: February 27, 2008 Attorney File # 1062034 Damages assessed and judgment entered as above: $3,075.92 AMATO AND ASSOCI S, P. C. By: Ro ald Amato,-Cs-q, Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff VS. KENNETH BYERS and SHAWN M BYERS Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON . SS: Ronald Amato, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff, BLUESTONE INVESTMENTS INC. , is authorized to make this affidavit on its behalf; and that, to the best of his knowledge, information and belief: 1. The name of the judgment debtor is KENNETH BYERS and SHAWN M BYERS. 2. The last known post office address of the judgment debtor is 445 E. KING ST, SHIPPENSBURG PA 17257. 3. The name of the judgment creditor is BLUESTONE INVESTMENTS INC. 4. The last known post office address of the judgment creditor is c/o Amato and Associates, P.C., 107 North Commerce Way, Bethlehem PA 18017. 5. The judgment in favor of Plaintiff, BLUESTONE INVESTMENTS INC., and against Defendants, KENNETH BYERS and SHAWN M BYERS, entered in the total sum of $3,264.60 in the Court of Common Pleas of Franklin County, is valid, enforceable, and unsatisfied as of this date; February 27, 2008. SWORN TO AND SUBSCRIBED BEFORE ME THIS &', DAY OF eAc?? , 2008. N?tary Public NOTARIAL SEAL GEOFF-" Y c , 7-,ECK Notary Puoiic HANOVER TOWNSHIP, NORTHAMPTON CNTY My Commission Expires Mar 29, 2008 No. : CIVIL ACTION AFFIDAVIT Ronald Amato COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff No. VS. KENNETH BYERS and SHAWN M BYERS Defendant(s) CIVIL ACTION AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned, being duly sworn, according to law, deposes and says that he is unable to determine whether or not the above Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act; That Kenneth Byers is over 18 years of age, resides at 445 E. KING ST, SHIPPENSBURG PA 17257 and is employed; That Shawn M. Byers is over 18 years of age, resides at 445 E. KING ST, SHIPPENSBURG PA 17257 and is employed; Sworn to and subscribed before me this (e day of f ` -? 2008 A NOTA PUBLIC NOTARIAL SEAL GEOFFREY G SCHOENECK Notary Public 1H; ER TOWNSHIP, NORTHAMPTON CNTY Commission Expires Mar 29, 2008 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff vs. KENNETH BYERS and SHAWN M BYERS Defendant No. Awl -I OQ_l CIVIL ACTION PRAECIPE FOR TRANSFER OF JUDGMENT TO THE PROTHONOTARY, FRANKLIN COUNTY: - J X7 -`? -< = ti 0 Kindly enter judgment in favor of Plaintiff and against the above-named defendant(s), pursuant to Pa.R.C.P.D.J. No.402(D), for failure of defendant(s) to appeal a judgement entered February 1, 2007 against the above-named defendan?t(s)tbefore Todd R. Williams, as set forth in the transcript of judgment, which is attached hereto. Assess damages as follows: Judgment Amount Post Judgment Interest (from 2/01/07 to 03/19/07 at 6% per annum) Payments Total Dated: 2007 t-C .-to wtutfirb on this "Ima i .la.QJ l aL, 4 3,488.10 26.50 250.00 $3,264.60 AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 ?___ (610) 866-0400 A DEBT COLLECTION LAW FIRM ?n??Vrothonotary, of Franklin County, PA i ,COMMONWEALTH OF PENNSYLVANIA JUN I Y OF 'ZAJLNA6".LM Mag. Dist. No. 39-3-04 MDJ Name: Hon. TODD R. WILLIAMS Address: 1157 GARVER LIff PO BOX 460 SCOTLAND, PA Telephone: (717 ) 263-7949 17254-0460 Ct(wI -IU41„1 NOTICE OF JUDGMENT/TFc 1" IP CIVIL CASE PLAINTIFF: NAME and ADDRESS rBLDESTONE INVESTMENTS INC ? 107 NORTH C0MMZR`4:-'ptY `. BETHLEHEM[, PA 18 017 L J VS. DEFENDANT: NAME and ADDRESS 'BYERS, KENNETH, ET AL. 7 445 N KING STREET SHIPPENSBUR6,, PA 17257 C/O AM[ATO AND ASSOCIATES INC L J 107 NORTH COMMERCE NAY Docket No.: CV-0000359-06 BETHLEHEM[, PA 18017 Date Filed: 12/08/06 t i THIS IS TO NOTIFY YOU THAT: D$FAULT - JUD( PLTI!- - - ?? 1 Judgment: (Dafe of Judgmerit)' ® Judgment was entered for: (Name) BLUESTONE IBMSTMENTS INC ® Judgment was entered against. (Name) BYERS, SEIS=TH in the mminunt of -It 3,488.10 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F This case dismissed without prejudice. F Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127` F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 3,391.10 Judgment Costs $-97 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,488.10 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN-THE-COURT OF COMMON PILIEAS FURT- HER`PROCESS MUST _ ,. . COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS M SS THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLE RESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL D RI JUD E 1 JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. _n A2 Date RA?n - ) '••w„y .{.vqr YJIJIIV CUGVIJ.c . I certify that this is a true and correct copy of the record of the proceedings contaiNin the.judgmdg t-,. .3- /Z - 6 7 Date 7-ovm Af-, A: r.0 . M;igisterial District Judge My commission expires first Monday of January, 2008 SEAL AOPC 315-06 DATE PRINTED: 3/12/07 1:38:00 PM[ _ COMMONWEALTH OF PENNSYLVANIA GOUNTY OF: FRANKLIN y... Mag. Dist. NO. 39-3-04 MDJ Name: Hon. TODD R. WILLIAM Address: 1157 GARNER LN PO BOX 460 SCOTLAND, PA Telephone: (717 263-7949 17254-0460 NOTICE OF JUDGM N lll&IPT CIVIL CASE i ?J PLAINTIFF: P?c3y NAME a TSrldINCss fHLUESTONE INVESTIEW 107 NORTH COIKEjtCE NAY BETHLEHEM, PA 18017 L J vs. NAME anc ADDRESS fHYERB, >E31KETH, ET AL. 445 W KING STREET SHIPPENSBURG, PA 17257 C/O MATO AND ASSOCIATES INC L J 107 NORTH COIO`ERCE WAY BETHLEHEM, PA 18017 Docket No.: CV-0000359-06 Date Filed: 12/08/06 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT J'O XMZNT PLTY (Date of Judgment)_ . ---?/HY/-99- ?_ - . _ _-_--=- --- - ® Judgment was entered for: (Name) BLUESTONE IWmBTm[=TB INC ® Judgment was entered against: (Name) BYERS, SHAWN in the amount of $ 3,488.10 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 3,391.10 -00 $ 3,488.10 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT-OF-COMMON PLEAS=ALI F`URTHER PROCESS MUST-- COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE JSSUED by THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS-, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. .J A' J Date Magiste ial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. -7-12--07 Date Magisterial District Judge My commission expires first Monday of January, 2008 SEAL AOPC 315-06 DATE PRINTED: 3/12/07 1:38:00 PI[ 12142202262008 Franklin County Prothonotary's Office PYS510 Civil Case Print 2007-01021 BLUESTONE INVESTMENTS INC (vs) KENNETH BYERS ET AL Reference No..: Case Type.....: JUDGMENT (GENERAL) Judgment...... .00 Judge Assigned: Disposed Desc.: ------------ Case Comments ------------- Page 1 Filed......... 3/29/2007 Time.......... 2:20 Execution Date 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info BLUESTONE INVESTMENTS INC % AMATO & ASSOCIATES 107 N COMMERCE WAY BETHLEHEM PA 18017 BYERS KENNETH 445 WEST KING STREET SHIPPENSBURG PA 17257 BYERS SHAWN M 445 W KING STREET SHIPPENSBURG PA 17257 PLAINTIFF AMATO RONALD DEFENDANT DEFENDANT Judgment Index Amount Date Desc BYERS KENNETH 3,264.60 3/29/2007 JUDGMENT BYERS SHAWN M 3,264.60 3/29/2007 JUDGMENT BYERS KENNETH 3,215.55 10/01/2007 WRIT OF EXECUTION BYERS SHAWN M 3,215.55 10/01/2007 WRIT OF EXECUTION ******************************************************************************** * Date Entries ******************************************************************************** 3/29/2007 PRAECIPE FOR TRANSFER OF JUDGMENTEAGAINST THE DEFENDANTS IN THE AMOUNT OF $3,264.60 FILED. -------------------------- ______________ --------------------- 3 29/2007 NOTICE OF DISTRICT JUSTICE JUDGMENT TRANSCRIPT FILED. ------------------------------------------ _ 3/29/2007 NOTICE OF ENTRY OF JUDGMENT SENT VIA REGULAR MAIL TO DEFENDANT(S). ------------------------ _________________ 3/29/2007 CERTIFICATION OF ADDRESSES FILED. ---- ------------------------ ------------------------------------------- 3 29/2007 AFFIDAVIT OF NON-MILITARY SERVICE FILED. ------------------------------- _ __ 10/01/2007 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) AGAINST DEFENDANTS IN AMOUNT OF $3215.55 FILED. WRIT OF EXECUTION PREPARED AND SENT TO SHERIFF FOR SERVICE AND COPY TO ATTY. ------------ ------------------------------------------------------- 10/01/2007 CERTIFICATION OF ADDRESSES FILED. ---------------------- --------------------------------------------- 10 01/2007 WAIVER OF WATCHMAN FILED. ------------------ _ _ _ __ ----------------------- ___ 10/25/2007 SHERIFF'S RETURN: WRIT OF EXECUTION NOT SERVED ON KENNETH AND SHAWN M BYERS DEFENDANTS NOT FOUND. ------002-Image-page(s)-exist(s)-for-this entry ----------------- _ 1/28/2008 PRAECIPE TO REISSUE WRIT OF EXECUTION FILED AND COPY RETURNED TO ATTY. WRIT OF EXECUTION REISSUED AND SENT TO SHERIFF FOR SERVICE. - - - - - - - - - -002-Immaage ENQR(Ys)_exist(s) for this-entry - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pymts/Ad' End Bal JUDGT/GENERAL 17.00 17.00 .00 JUDG DISC 5.00 5.00 .00 JUDG TAX .50 .50 .00 12142202262008 Franklin County Prc PYS510 Civil Case F 20b7-0;021 BLUESTONE INVESTMENTS INC (v: Reference No..: Case Type.....: JUDGMENT (GENERAL) Judgment. ... .00 Judge Assigned: Disposed Desc.: ------------ Case Comments JUDGEM-AUTO FEE 5 00 PRAE REIN/REIS . 8.00 WRIT OF EXEC 21 00 CERT COPY . 1n nn honotary' s Office Page 2 int KENNETH BYERS ET AL Filed......... 3/29/2007 Time.......... 2:20 Execution Date 0/00/0000 Jury Trial.... Disposed Date. Hi her C t 1 0/00/0000 g r .: Higher Crt 2.: 5.00 .00 8.00 .00 21.00 in n n .00 -- ------- ------------ 66.50 66.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** fk Prt ifi0 on this 4 ]n Qu aall Qjn Arothonotary of Franklin County, PA Y? v w W W S --Q. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff : No. vs. KENNETH BYERS and SHAWN M BYERS Defendant CIVIL ACTION NOTICE OF JUDGMENT Please be advised that the above-named Plaintiff, BLUESTONE INVESTMENTS INC. , has transferred to the Court of Common Pleas of CUMBERLAND County, Pennsylvania, a judgment entered against you in the Court of Common Pleas of Franklin County. Said judgment being entered in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, to the above civil action number against the above named defendant(s) in the amount of $3,075.92, this day of 17 AA o re_h , 2008. PR x Y - C BERLAND COUNTY Per: If you have any questions concerning the above, please contact the undersigned. AMATO AND ASSOC S, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RECEIVED BLUESTONE INVESTMENTS INC. Plaintiff VS. KENNETH BYERS and SHAWN M RVFRS No. 08-1729 Civil CIVIL ACTION Defendant(s) MEMBERS 1ST FEDERAL CREDIT UNION Garnishee W,6 '16, INTERROGATORIES TO GARNISHEE To: MEMBERS 1 ST FEDERAL CREDIT UNION, Garnishee 401 E. KING STREET, SHIPPENSBURG PA 17257 APR 0 2 2008 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Nb 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in art by the defendant? ?DI 3(03V K?? neth or Beers iV in G-S Shy ? M. &-jers 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? N0 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? (b 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? IV 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. _ Hb 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S.A. § 8123? If so, identify each account. NC t"d.e/b 3,r- NO j .oo 9. At any time before or after you were served, did the defendant, either solely or in part, have any account (savings, checking, certificate of deposit, money market, deposits or any other debt and/or property) [including but not limited to 21827958941 with your office? X-] q 5? q - C-Lese(± '31(?DT3?-Snv c-7-3 10. If your answer to interrogatory #9 is in the affirmative, state: A) the account number of each account; B) the amount of money in each account. 31 U-? 3 L 10 ' ICS .31 AMATO AND ASSOCIA S, P.C. J By: R ald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File#: 1062034 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff No. 08-1729 Civil VS. KENNETH BYERS and SHAWN M BYERS CIVIL ACTION Defendant(s) CERTIFICATION OF DEFENDANT'S ADDRESS FOR SERVICE I do certify that the precise last known address of the within named defendant(s) is the address provided below, and request that the Sheriff serve the above named defendant(s) at: 445 E. KING ST SHIPPENSBURG PA 17257 Dated: March 20, 2008 AMATO AND ASSOCIA C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File #: 1062034 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff No. 08-1729 Civil VS. . KENNETH BYERS and SHAWN M BYERS CIVIL ACTION Defendant(s) WAIVER OF WATCHMAN To the Sheriff: Any deputy sheriff levying upon or attaching any property under the within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before the sheriff's sale thereof. Dated: March 20, 2008 AMATO AND ASSOCIATES P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File#: 1062034 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is (Name) awr6ob- a"Abf M"W1A ( L%M111 (title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATU AA"f - ?. rv cm r crli IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "' CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff VS. KENNETH BYERS and 4*5 L--- Ki"9 St SHAWN M BYERS 5hjRXe.&bvt5, PA JUST Defendant(s) : CIVIL ACTION NO. 08-1729 Civil Amount Due $ 3,075.92 Interest $ 1.37 Payments $ 0.00 Costs $ Poundage $ MEMBERS 1ST FEDERAL CREDIT UNION Garnishee Kor E. Ibnq St %ippess6oq, PA 17A57 : Total $ 3,077.29 To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION AND ATTACHMENT IN THE ABOVE MATTER. PRAECIPE WRIT OF EXECUTION Issue a 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) All cash on hand or in the possession of the defendant(s) accounts receivables furniture furnishings equipment, inventory, tools, electronic equipment vehicles anv and all other personal property belonging to the above-named defendant(s). PRAECIPE FOR WRIT OF 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: All property of the above-named defendant(s) including without limitation all savings and checking accounts certificates of deposit money market accounts deposits and all debts and other property and/or obligations owing from the above-named garnishee to the above named defendant(s), including but not limited to account #2182795894 and any account owned solely or in part by the above-named defendant(s) which are in the possession, custody and/or control of said garnishee(s). AMATO AND ASSOCIATES P.C. By: R Wald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File#: 1062034 n R? V -? O V r 94, v 0 F ? ? O 0 v ?_ ?r? , y D co TI n .°, I a.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff No. 08-1729 Civil VS. Defendant(s) CIVIL ACTION CERTIFICATION OF DEFENDANT'S ADDRESS FOR SERVICE I do certify that the precise last known address of the within named defendant(s) is KENNETH BYERS and SHAWN M BYERS the address provided below, and request that the Sheriff serve the above named defendant(s) at: 445 E. KING ST SHIPPENSBURG PA 17257 Dated: March 20, 2008 AMATO AND ASSOCIA C. By: Ile, Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File #: 1062034 .--• WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1729 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BLUESTONE INVESTMENTS INC., Plaintiff (s) From KENNETH BYERS and SHAWN M. BYERS, 445 E. King Street, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell all cash on hand or in the possession of the defendants, accounts receivables, furniture, furnishings, equipment, inventory, tools, electronic equipment, vehicles, and and all other personal property belonging to the above-named defendants. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT FEDERAL CREDIT UNION, 401 E. King Street, Shippensburg, PA 17257 All property of the above-named defendants, including, without limitation, all savings and checking accounts, certificates of deposit, money market accounts, deposits and all debts and other property and/or obligations owing from the above-named garnishee to the above named defendants, including but not limited to account #2182795894, and any account owned solely or in part by the above-named defendants, which are in the possession, custody and/or control of 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 $3,075.92 Interest -- $1.37 Atty's Comm % Atty Paid $56.00 Plaintiff Paid Date: 3/28/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curti R. Long, P oar By: Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: AMATO AND ASSOCIATES, PC 107 NORTH COMMERCE WAY 4WE CORD FROM RECORD in Tewnwy whereof, i here unto set My hid tt >W of said Cowt at CUM, Pa. c8 OIL* ??aAgh - BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 32323 C(SUP,T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS INC. Plaintiff No. 08-1729 Civil VS. KENNETH BYERS and SHAWN M BYERS Defendant(s) MEMBERS IST FEDERAL CREDIT UNION Garnishee CIVIL ACTION PRAECIPE TO DISCONTINUE AGAINST GARNISHEE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-captioned matter against MEMBERS 1 ST FEDERAL CREDIT UNION, Garnishee, ONLY, without prejudice. AMATO AND S 0 IA"f S, P.C. By: Ronald Ama , Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM t? Q° L ae W n " z J 6` R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Milage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee 18.00 2.49 .50 2.00 25.00 50.00 20.00 9.00 126.99 Advance Costs: 150.00 126.99 23.01 Refunded on 10/30/08 So Answers, R. Thomas Kline, Shenff B y 'Q'0-0 'D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1729 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BLUESTONE INVESTMENTS INC., Plaintiff (s) From KENNETH BYERS and SHAWN M. BYERS, 445 E. King Street, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell all cash on hand or in the possession of the defendants, accounts receivables, furniture, furnishings, equipment, inventory, tools, electronic equipment, vehicles, and and all other personal property belonging to the above-named defendants. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT FEDERAL CREDIT UNION, 401 E. King Street, Shippensburg, PA 17257 All property of the above-named defendants, including, without limitation, all savings and checking accounts, certificates of deposit, money market accounts, deposits and all debts and other property and/or obligations owing from the above-named garnishee to the above named defendants, including but not limited to account #2182795894, and any account owned solely or in part by the above-named defendants, which are in the possession, custody and/or control of 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 $3,075.92 Interest -- $1.37 Atty's Comm % Atty Paid $56.00 Plaintiff Paid Date: 3/28/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs _Curti L. Long, Pro ry . By: Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: AMATO AND ASSOCIATES, PC 107 NORTH COMMERCE WAY