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HomeMy WebLinkAbout10-5281IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES _ NO. JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiff and Judgment Creditor -v- CIVIL DIVISION MICHAEL BARRETT d/b/a BARRETT COMPANY and c = ?-a BARRETT COMPANY, INC.; ; f Defendants and Judgment Debtors PRAECIPE TO ENTER FOREIGN JUDGMENT AND ASSESSMENT OF DAMAGES Please enter judgment in Cumberland County, Pennsylvania against Michael Barrett d/b/ Barrett Company and Barrett Company, Inc. in the amount of $60,104.68 plus court costs of $489.681 attorney fees of $2,415.00; pursuant to the Superior Court of Connecticut, Judicial District of Windham at Willimantic dated January 29, 2010 under docket number WWM-CV09-5005082-S. This judgment is valid, enforceable and unsatisfied. 6 J n T. Logston, o Se 4 - - Judgment Assignee of Record PO Box 4134 30 N. Main Street Washington, PA 15301 (866)700-3939 (412)223-4227 - fax Subscribed and Sworn before me this day of 2010 at Washington County, Pennsylv nia. COMMONWEALTHNSYLVANIA Notarial Seal ' ?,J1 C Becky Grim, Notary Public Y ? T-0b I C?-..? N TARP PU I ?? Strabane Twp., Washington County 1T T My Commission Expires Oct. 22, 2012 e14a s'fa 0A ?-E mil L, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WAYNE RICHARD 202 South Main Street Putnam, CT 06260 -vs- CASE NO. Michael Barrett d/b/a Barrett Company 706 Moores Mountain Rd Mechanicsburg, PA 17055-6059 And Barrett Company, Inc. 429 S. 18"' Street Camp Hill, PA 17011 NOTICE OF ORDER, DECREE OR JUDGMENT TO: Michael Barrett d/b/a Barrett Company and Barrett Company, Inc. You are hereby notified that the following Order, Decree or Judgment has been entered against you on January 29, 2010. Exemplified Judgment WWM-CV09-S00S082-S, Superior Court of Connecticut, Windham Judicial District In the amount of $60,104.68 plus court costs and statutory Interest David D. Buell Prothonotary of Cumberland County -11 By. A& f 9epuIV Prothonotary l questions concerning the above, please contact: 11 r Wayne Ri and c/o KLRS P.O. Box 4134 47 North Main Street, Lower Level Washington, PA 15301 (866)700-3939 OFFICE (412)223-4227 FAX I ..4 FILED JAN 2 9 2010 SUPERIOR COURT JUDIClALDISTMCTOFWIMM M DOCKET NO. CV09-5005082S SUPERIOR COURT WAYNE RICHARD J.D. OF WINDHAM VS. AT WILLIMANTIC MICHAEL BARRETT, JANUARY 29, 2010 BARRETT CO., INC. MEMORANDUM OF DECISION RE: MOTION FOR JUDGMENT The plaintiff in the instant matter was hired by the defendants as a construction superintendent pursuant to an employment contract in 2006. The contract provided for a bonus to be paid to the plaintiff at the end of the contract in the amount of twenty-five (25%) per cent of his total salary/wages paid ($1,000 per week). Although the plaintiff was paid his weekly salary/wages, he was never paid the bonus at the end of the contract in the amount of $28,600. The defendants were defaulted for failure to appear on October 6, 2009. A hearing in damages was held before the court on November 30, 2009. The plaintiff is claiming that he is entitled to double damages, costs and attorneys fees pursuant to General Statute § 31-72 due to the defendant's failure to pay the agreed upon I bonus. On July 7, 2009, the plaintiff, Wayne Richard, filed a four count complaint against the I defendants, Michael Barrett, doing business as Barrett Company, and Barrett Company, Inc. I The complaint alleges the following facts. The parties entered into an employment agreement Nis'. C c°" io ?r - 1110 r, on or about February 6, 2006, whereby the plaintiff agreed to do work for the defendants as a construction superintendent and project manager in exchange for compensation according to the agreement between the parties. On or about July, 2008, the defendants breached the employment agreement by failing, refusing and/or neglecting to pay wages to the plaintiff in the amount of $28,600, the incentive bonus that was agreed upon if projects the plaintiff managed were completed on time and on budget. The plaintiff further alleges that due to the defendants' failure to pay the incentive bonus to the plaintiff, pursuant to § 31-72, the plaintiff is entitled to twice the full amount of the unpaid wages plus costs and reasonable attorney's fees. On October 6, 2009, the court granted the plaintiff's motion for a default to be entered against the defendants for failure to appear. The case proceeded to a hearing in damages to the court on November 30, 2009. General Statutes § 31-72 provides in relevant part: "When any employer fails to pay an employee wages in accordance with the provisions of sections 31-7 la to 31-71 i, inclusive, or fails to compensate an employee in accordance with section 31-76k ... such employee ... recover, in a civil action, twice the full amount of such wages, with costs and such reasonable attorney's fees as may be allowed by the court, and any agreement between him and his employer for payment of wages other than as specified in said sections shall be no to such action...." General Statutes § 31-71a (3) provides in relevant part: "`Wages' means compensation for labor or services rendered by an employee, whether the unount is determined on a time, task, piece, commission or other basis of calculation...." 1, "[T]he legislative history from when § 31-71a (3) was enacted ... is silent about (whether a bonus constitutes a wage." Weems v. Citigroup, Inc., 289 Conn. 769, 780, 961 A.2d 349 (2008). The Connecticut Supreme Court, relying on a New York case, Truelove v. Capital & Advisory, Inc., 95 N.Y.2d 220, 738 N.E.2d 770, 715 N.Y.S.2d 366 (2000),1 has held that "bonuses that are awarded solely on a discretionary basis, and are not linked solely to the ascertainable efforts of the particular employee, are not wages under § 31- 71a (3)." Weems v. Citigroup, Inc., supra, 782. The Weems court noted that, in Truelove, "[t]he court concluded that the plaintiffs bonus was not subject to the wage statutes because it was not a wage, as defined by N. Y. Labor Law § 190 (1) (McKinney 2002), which is similar to § 31-71a (3), in that it defines wages, in relevant part, as `the earnings of an employee for labor or services rendered, regardless of whether the amount of earnings is determined on a time, piece, commission or other basis....' (Emphasis added.) The court emphasized that the terms of the [firm's] bonus compensation plan did not predicate bonus payments upon [the employee's] own personal productivity nor give [the employee] a contractual right to bonus payments based upon his productivity. To the contrary, the declaration of a bonus pool was dependent solely upon his employer's overall financial success. In addition, [the employee's] share in the bonus pool was 1 In Truelove, "the plaintiff brought an action against his former employer to recover the unpaid balance of a profit sharing bonus.... The distribution of the bonus was subject to the chief executive officer's sole discretion, with the payments contingent on the recipient's continued employment with the firm.... After the plaintiff had resigned from the firm, the firm refused to make any further bonus payments, and the plaintiff brought an action claiming that the firm had violated New York's wage statutes by failing to pay him." (Citations omitted.) Weems v. Citigroup, supra, 289 Conn. 780. 0- I . entirely discretionary and subject to the non-reviewable determination of his employer... . Thus, the court concluded that the wording of the statute, in expressly linking earnings to an employee's labor or services personally rendered, contemplates a more direct relationship between an employee's own performance and the compensation to which that employee is entitled. Discretionary additional remuneration, as a share in a reward to all employees for the success of the employer's entrepreneurship, falls outside the protection of the statute." (Citation omitted; internal quotation marks omitted.) Id., 780-81. In Weems, the plaintiffs were a class of former employees of the defendants who claimed, inter alia, that the forfeiture provisions of three different capital accumulation plans that the defendants offered to their employees violated Connecticut's wage statutes because the provisions "enable the defendants to withhold accrued wages, including bonuses, from their employees." Id., 772. Applying the rationale articulated in Truelove, the court in Weems held that the unpaid regular and branch manager bonuses at issue were not wages subject to Connecticut's wage statutes because the bonus awards were "tied to subjective factors such as diversity within a branch, and the profitability of the particular branches, which are factors not entirely predictable or within the control of the specific employee." Id., 782. The present case is distinguishable from Weems. The Appellate Court's opinion in I Ziotas v. Reardon Law Firm, P. C., 111 Conn. App. 287, 959 A.2d 1013 (2008), cert. granted, 290 Conn. 903, 962 A.2d 796 (2009), supports the plaintiff's argument that some bonuses may be considered wages under § 31-71a (3). In Ziotas, the plaintiff brought action against 4 his former employer, the defendant law firm, alleging breach of contract and violation of § 31-72 due to the defendant's failure to pay a bonus to the plaintiff for the calendar year in which the plaintiff left the defendant's employ. Id., 292. The plaintiff and defendant executed a written employment contract, in February, 1993, which provided that the plaintiff's annual compensation would be based, in part, on eight criteria, including business generation, business productivity and work profitability. Id., 291. From 1993 through 1997, the amount of the plaintiff's base salary and bonuses increased annually and bonuses were paid to the plaintiff each December. Id., 291-92. The plaintiff left the defendant's firm in October, 1998, and did not receive his bonus in December, 1998. Id., 292. The Appellate Court concluded that the trial court improperly overruled the plaintiff's objection to the defendant's request to revise the count in the complaint pertaining to an alleged violation of § 31-72 because "the plaintiff pleaded a valid cause of action for the wrongful withholding of wages." Id., 313. The court reasoned that if the plaintiff proved his allegations, that the parties' employment contract provided for a bonus that fairly reflected the plaintiff's contribution to the defendant's success and that the plaintiff contributed to the defendant's success by providing legal services to the defendant's clients and by generating fees, then "the bonus alleged by the plaintiff represented compensation for [his] labor or services. It is not relevant whether the amount of that bonus was calculated on the basis of the Zumber of hours worked, as a percentage of the defendant's net income or on some other basis of calculation, which may or may not incorporate the efforts of others. The issue instead s whether the terms of the parties' employment agreement, as alleged in the complaint, vested in the plaintiff a right to compensation in the form of a bonus in exchange for the services that he had provided .... [S]tatutes do not dictate the manner in which wages are calculated.... Instead, courts are to focus on the agreement between the employer and employee." (Citations omitted; internal quotation marks omitted.) Id. Under these facts and circumstances, the Appellate Court concluded that "the bonus could have been classified as wages for purposes of § 31-71a (3)." Id., 313-14. In Edwards v. Edwards Wines, LLC, Superior Court, judicial district of New London, Docket No. CV 08 5008054 (January 15, 2009, Martin, J.), the plaintiff, an employee of the defendant winery, "alleged a wage agreement with the defendants that provided her with a bonus for increasing the winery's productivity and profitability." "Under the plaintiff's. direction, the winery's sales increased by 17 percent in 2007 .... Although the winery's staff was paid a bonus for their success in 2007, the plaintiff did not receive a bonus that year." Id. Applying the principal from Ziotas, that a bonus constitutes a wage if the bonus is "compensation for labor or services personally rendered," the Edwards court concluded that since the wage agreement provided a bonus in exchange for services rendered, namely, increasing productivity and profitability, the bonus "is properly considered a wage under § 31-71 a (3)." Id. In the present case, the incentive bonus at issue constitutes a wage under § 31-71a (3). The agreement of the parties provided that the defendants would pay an incentive bonus to the plaintiff in the amount of twenty five percent "of the gross yearly income paid by [the defendants to the plaintiff] on a per project basis for projects completed on time and on 6 budget." The incentive bonus was not to be awarded on a discretionary basis, but was linked solely to the ascertainable efforts of the plaintiff. This provision of the wage agreement provides for a bonus only if the projects that the plaintiff personally managed were completed on time and at a cost no greater than that budgeted. Unlike the bonus compensation plans in Weems or Truelove, in the present case, the payment of the incentive bonus was predicated upon the plaintiff's own personal productivity and gave the plaintiff a contractual right to bonus payments based upon his productivity. The bonus was only payable if the projects managed by the plaintiff were completed on time and on budget. As in Ziotas and Edwards, the bonus in the present case represented compensation for a service provided by the plaintiff, namely, managing a construction project in a way that ensured the project would be completed in a timely and cost effective manner. For the foregoing reasons, the incentive bonus in the present case constitutes a wage under § 31-71 a (3). "Although § 31-72 does not set forth a standard by which to determine whether double damages should be awarded in particular cases, it is well established ... that it is appropriate for a plaintiff to recover attorney's fees, and double damages under [§ 31-72], only when the trial court has found that the defendant acted with bad faith, arbitrariness or unreasonableness." (Internal quotation marks omitted.) Ravetto v. Triton Thalassic Technologies, Inc., 285 Conn. 716, 724, 941 A.2d 309 (2008). The Connecticut Supreme Court affirmed a trial court award of double damages to a plaintiff employee who was not compensated for working overtime, concluding that the defendant employer had acted in bad faith, in Butler v. Hartford Technical Institute, Inc., 243 7 N to O O 0 100 10 M 3 N J b o m ? a JS Z O m W a X o OR o a °m 0 to V v1 LL 0 W 0 IL DOCKET NO. WWM-CV-09-5005082-S SUPERIOR COURT WAYNE RICHARD JUDICIAL DISTRICT VS. OF WINDHAM MICHAEL BARRETT; BARRETT AT PUTNAM COMPAN INC. NOVEMBER 30, 2009 MOTION FOR JUDGMENT The plaintiff in the above-captioned case hereby moves that a judgment be entered against Michael Barrett and Barrett Company Inc. and in support thereof so states: 1. On or about July 7, 2009 the plaintiff filed his complaint against Michael Barrett d/b/a Barrett Company and Barrett Company Inc with a return date of July 21, 2009. 2. The defendants were defaulted for failing to appear on September 11, 2009. 3. The parties had an opportunity to be heard at a hearing in damages on November 30, 2009. 4. The plaintiff provides the necessary Military Affidavit with regard to defendant Michael Barrett herewith. 1 ??C WHEREFORE, the plaintiff respectfully requests that a judgment be entered in favor of the plaintiff. M 4 0 N 0 O UU a 6 M M 0 M w U LL LL O F- Ln 8 Respectfully submitted, THE PLAINTIFF By: Kathleen M. Cerrone, of St. Onge & Brouillard, his attorneys 2 RECORDATION OF FILING Docket Number: WWM-CV-09-5005082-S Case Caption: RICHARD, WAYNE v. BARRETT, MICHAEL et al Entry Number Document Name Document Description 110.10 ORDER File Date: Jan 29 2010 Submitted Date/Time: Feb 1201011:54AM Number of Document Pages: 1 Retain this page with the document for verification of entry number and filing date. Fee Required: No Fee Paid: Payment Date: Payment Method: Payer Name: Signer Name: •. + I DOCKET NO: WWMCV095005082S RICHARD, WAYNE V. BARRETT, MICHAEL ET AL ORDER 422680 SUPERIOR COURT JUDICIAL DISTRICT OF WINDHAM AT PUTNAM 1/29/2010 RDER ORDER REGARDING: 11 /30/09 110.00 MOTION FOR JUDGMENT Copy of Memodec sent to Atty of Record. The foregoing, having been considered by the Court, is hereby: ORDER: GRANTED Judgment enters for the Plaintiff against the Defendants in the amount of $60,104.68. See Memodec #111.00. 422680 Judge: MICHAEL E RILEY Processed by: Debora Neary STATE OF CONNECTICUT SUPERIOR COURT JUDICUU. DISTRICT OF WINDH M JUL 21 2010 COMFIED COPY SPI&I aFt:l aY Tim CLERK WWMCV095005082S 1/29/2010 Page 1 of 1 • STATE OF CONNECTICUT JUDICIAL DISTRICT OF WINDHAM SUPERIOR COURT EXEMPLIFIED COPY www jud.ct.gov I, DEBORA KASZUBA-NEARY Deputy Clerk of the Superior Court within and for said Judicial District, in the State of Connecticut, and keeper of the records and seal thereof, hereby certify that the above and foregoing is a true copy of DOCKET # C2 RICHARD, WAYNE VS. BARRETT, MICHAEL, E. In testimony whereof I hereunto set my hand and affix the seal of said Court at PUTNAM in said Judicial District and State on (date): 05/19/2010 Clerk STATE OR CTI JUDICIA CT OF M } SS PUTNAM I, AN dos SANTOS Presiding Judge of the Superior Court for the State of Connecticut, in sa' 1 District, do hereby ce that DEBORA KASZUBA-NEARY Deputy whose name is abov and subscribed, is and was at the date thereof Deputy Chief Clerk of said Superior Court duly app ed, commissioned and sworn, and keeper of the records and seal thereof, and that the above certificate, and attestation of record thereof, is in due form of law. In testimony whereof I have hereunto set my hand on (date): 05/19/2010 Presiding Judge, Superior Court STATE OF CONNECTICUT JUDICIAL DISTRICT OF WINDHAM } ss. PUTNAM I, DEBORA KASZUBA-NEARY Deputy Clerk of the Superior Court of the State of Connecticut, within and for said Judicial District, and keeper of the seal thereof, hereby certify that the Honorable ANGELO L. dos SANTOS whose name is within written and subscribed, was on the day of 05/19/2010 and now is Presiding Judge of said court, duly appointed, commissioned, and sworn, and qualified; and that I am well acquainted with the above-named individual's handwriting and official signature and_Ireby certify the same within written to be said individual's. In testimony whereof I hereunto set my hand and affix the seal of said court at PUTNAM in said Judicial District and State on (date): 05/1912010 Clerk Case Detail - WWM-CV09-5005082-S of: Case Information Pagel of 2 Court Location: WINDHAM List Type: HEARING DAMAGES Trial List Claim: 10/272009 Last Action Date: 02/01/2010 (Last Action Date is a data entry date, not actual date) Disposition Information Disposition Date: 01/29/2010 Disposition: JUDGMENT-HRNG IN DAMAGES Judge or Magistrate: HON MICHAEL RILEY, J Parties A Appearances Party Plaintiff/ Number Defendant No Fee Party 01 P WAYNE RICHARD Attorney: ST. ONGE & BROUILLARD(101898) Appear Date: 07/07/2009 PO BOX 550 PO BOX 550 PUTNAM, CT 06260 s0 D MICHAEL BARRETT DBA BARRETT COMPANY Non-Appearing 51 D 13ARRETT COMPANY INC. Non-Appearing Motions / Pleadings / Documents ENa File Filed Description Arcuab 07/0712009 P SUMMONS 07/07/2009 P COMPLAINT 07/07/2009 P RETURN OF SERVICE 101.00 07/14/2009 Court SUPPLEMENTAL RETURN No 102.00 08/14/2009 P MOTION FOR TERMINATION No RESULT: Granted 9/2/2009 NON MICHAEL RILEY, J 103.00 09/11/2009 P MOTION FOR DEFAULT-FAILURE TO APPEAR No RESULT., Granted 10/6/2009 BY THE COURT 104.00 10/06/2009 Court NOTICE No 105.00 10/23/2009 CLAIM FOR TRIAL LIST 106.00 11/30/2009 P MILITARY AFFIDAVIT No 107.00 11/30/2009 P BILL OF COSTS No 108.00 11/30/2009 P AFFIDAVIT No 109.00 11/30/2009 P AFFIDAVIT No 110.00 11/30/2009 P MOTION FOR JUDGMENT RESULT., Granted 1/29/2010 HON MICHAEL RILEY, J No http://Civilinquiry.jud.ct.govICaseDetailIPublicCaseDetail.aspx?DocketNo=W VMCVO950... 4/22/2010 WWM-CV09.5005082-S RICHARD, WAYNE v. BARRETT, MICHAEL ET AL Prefix/Suffix: [none] Case Type: C40 File Date: 07/07/2009 Retum Date: 07/21/2009 Case Detail Notices ! History Scheduled Court Dates E-Services Login ; Screen Section Help ? Case Detail - VWVM-CV09-5005082-S Page 2 of 2 110.10 01/2912010 Court ORDER RESULT: Granted 1/29/2010 HON MICHAEL RILEY, J No 111.00 01/29/2010 Court MEMORANDUM OF DECISION No 112.00 01/29/2010 Court JUDGMENT AFTER COMPLETED TRIAL TO THE COURT -HEARING IN DAMAGES RESULT: 1/29/2010 HON MICHAEL RILEY, J Individually Scheduled Court Dates as of 04/2212010 WWM-CV09-5005082-S - RICHARD WAYNE v. BARRETT MICHAEL ET AL # Date TI' Event Descriutton status No Events Scheduled Note: Other court activity may be separately scheduled on short calendars. Individually scheduled events for the Regional Familv Trial Docket in Middletown and CAmnIAY I ifinntinn r)ne*&te mow nn+ no inrhirln't Periodic changes to terminology may be made which do not affect the status of the case. 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Case No. ?[v I' ?ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT COMES NOW, Plaintiff in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT: 1) THAT judgment was awarded by this court on or about January 29, 2010. 2) THAT Plaintiff was awarded against Defendant the sum of $60,104.68 3) THAT Plaintiff, to date, has received from Defendant a total of $0.00 4) THAT there remains due and owing a balance of $60,104.68, plus statutory interest and court costs. - `' 5) THAT the judgment creditor of record is Wayne Richard. 6) THAT the judgment debtors of record are Michael Barrett d/b/a Barrett Company and Barrett Company, Irtc. 7) THAT in exchange for valuable consideration, receipt and sufficiency of which are hereby acknowledged, I, a JuiPment, Creditor of Record, do hereby grant and convey all rights, title, and ownership of said judgment to:. . John T. Logston of Keystone Litigation Recovery Services P.O. Box 4134 47 North Main Street, Lower Level Washington, PA 15301 Phone. 866) 700-3939 CK=4 S10( a* ?*6G7y Wayne Creditor NOTARY PUBLIC: Subscribed and Sworn before me this y 4-t- day of , 2010 at ej4 cave.... , Connecticut. A SARA J. SItNEY NOTARY PUBLIC MY COMMISSION EXPIRES AUG. 31, 20./T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Wayne Richard 202 South Main St Putnam, CT 06260 Phone: 860.481.1685 Plaintiff In Pro Per Wayne Richard Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA /J~ Case No. f 0 - ~~~ ~ C= t c~ c ~~ ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT Michael Banat dltrla Barrett Company And Barrett Company, Inc. Defendants. COMES NOW, Plaintifff in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT: 1) THAT judgment was awarded by this court on or about January 29, 2010. 2) THAT Plaintiff was awarded ag~nst Defendant the sum of $60,104.68 3) THAT Plaintiff, to date, has received from Defendant a total of $0.00 4) THAT there remains due and owing a balance of $60,104.68, plus statutory interest and court costs. 5) THAT the judgment creditor of record is Wayne Richard. 6) THAT the judgment debtors of record are Michael Barrett d/b/a Barrett Company and Barnett Company, Inc. Prothonotary ~b, 5a8 r' Ctuberland County 1 Courthouse Square, Suite 100 Carlisle, PA 17013 ~ ADDRESS SERVICE RpQiTESTED ,ii.~, , r'. `- 12 ~~t oloro At)6 !B ~M ~~=~f~ 1-, ;, ;.. V 4~;'!1'- M~1i _ .... _ .. ~ti ~ r~ __.. ~~ .: , ;;~~~~ Barret SAxR429 170112024 1509 1Z 08/ib/10 429 S. P4R~+11>otD T=~ >8XB a~rN To BAND Came 1 p~ ~ TZ 19OMPA1dY IN+~ CAS $ILL PA 17001-0219 R~TV>;tN TO S~NDRR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JOHN T. LOGSTON dib/a KEYSTONE LITIGATION RECOVERY SERVICES No. 10 - 5281 JUDGMENT ASSIGNEE FOR: CIVILTERM WAYNE RICHARD Plaintiff and Judgment Creditor -vs- MICHAEL BARRETT d/b/a BARRETf COMPANY and BARRETT COMPANY, INC. Defendants and Judgment Debtors CERTIFICATION OF ADDRESSES I hereby certify that the following addresses are accurate and current to the best of my knowledge, information and belief. PLAINTIFF J JUDGMENT ASSIGNEE: John T. Logston d/b/a Keystone Litigation Recovery Services PO Box 4134 30 N. Main Street ~ ~ ~ Washington, PA 15301 ,,; c~ --.-- ~ :_ ~o Washington County, Pennsylvania ,- "`~ == DEFENDANTS: j ~ ~~. -1 Michael Barrett d/b/a Barrett Company - 706 Moore Mountain Rd {,",~ ~~ ... Mechanicsburg, PA 17055-6059 r ~ .~ Cumberland County, Pennsylvania Barrett Company, Inc. 429 S. 18`h Street Camp Hili, PA 17011 Cumberland County, Pennsylvania August 12, 2010 T. Logstof(, Pro Se PO Box 4134 30 N. Main Street Washington, PA 15301 ($66)700-3939 (412)223-4227 -FAX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES CIVIL DIVISION JUDGMENT ASSIGNEE FOR: WAYNE RICHARD, Plaintiff and Judgment Creditor, V. MICHAEL BARRETT d'b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants and Judgment Debtors. Commonwealth of Pennsylvania County of Cumberland ss. NOTICE TO PRODUCE 231PaCR234.8 v' e s w W D s .C To: BARRETT COMPANY, INC. You are directed to produce the following: Copies of all documents detailed on attached list. In lieu of Personal appearance; you may cause the documents to be delivered to the address by Personal delivery, CS Mail or other courier service. At Keystone Litigation Recovery Services, P.O. Box 4134, 30 North Main Street, Washington, PA 15301 On or before September 8, 2010 at 5:00 PM If you fail to produce the documents or things required by this notice to produce, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. A s 18 hn T. Logsto ro Se P.O. Box 4134, 30 North Main Street Washington, PA 15301 (866)700-3939 (412)223-4227 fax Case No. 10-5281 Civil Term ATTACHMENT2 'THE FOLLOWING COPIES OF DOCUMENTS ARE REQUIRED TO BE PRODUCED IN CONNECTION WITH THIS SUBPOENA E? 12 5 13 Is 1 16 17 18 19 24 21 22 23 24 25 26 27 28 29 .30 ,1 :32 33 3$ 35 The hollowing records are required for the ORDER. OF EXAMINATION AND SUBPOENA. 'MAKE COPIES OF THE ORIGTNAIL OCI. 1ti%lENTS AND BRING 130714 'T'141_ ORIGINA1. . AND POPIES sAli l'I fi.. ?. ?? v- f . Copies of your Federal and State Income Tax Returns and W_Z's and :.099 forms for the last three years immediately preceding the date of the l?caring and estimates of State and Federal taxes for the current year. 2. All documents used in the preparation of the Federal and State Income T ax Returns required above.. 3. Bank Statements, canceled checks and checkbooks for all checking account belonging to you or in which you, have or have had any interest. whatsoever, either alone or jointly with any other person(s), entity or entities for one year preceding the date of the hearing. 4. Bank statements, canceled checks and checkbooks for all checking accounts belonging to any corporation in which you own a majority interest, for any partnership in which you have interest, for any sole proprietorship of which you own, for one year preceding the date of the hearing. 5. All savings deposit books or other statements for any savings accounts in any bank, savings and 'loan association, credit union or other similar, nstitution. which belong to you or in which You have any interest either atone or jointly with any other person(s), entity or entities, for the two years immediately preceding the date of the hearing. 6. All life insurance policies now upon your life and those of which. you are owner and those naming you as beneficiary. 7. Ali contracts. notes, money orders, drafts, promissory notes, negotiable instruments, mortgages, pledge agreements and/or receivables payable to you, for your benefit, or held in trust for you,, whether or not the same be now due and/or payable. within the two years immediately preceding the date of the hearing. j Attachment 2 - Documents Requested in Subpoena Page k cif •i 3 :t f 1 5 ? 1 D ? i3 4 i5 16 17 18 t9 20 21 22 23 24 25 26 27 29 29 30 32 33 34 15 &. Key w any and all safe deposit boxes wherever situated, whether privately maintained or in any bank crr savings, and loan, credit union or similar association, belonging to you or in which you have or have had any interest whatsoever, either alone or Jointly with any other person(s) entity or entities. for the two years immediately j preceding the date of the above hearing. g. All evidence and all certif Cates of any and all stocks and bonds belonging to you. or in which you have or have had arv nteres' whatsoever either alone ar iointly with any other nersun(si. entity inntiiies. ibr ilhe vo, v"ears t.t. mediateiy preceding the date o the i eanr:E. i E 'LO. All ;ire, burglary and extended coverage or similar insurance policies now in brce upon any rea. estate or i personal properrd (including copies of insurance inventories.) owned by you or m which yogi have or have had any i interest whatsaever, either alone or jointly with any other person(s), entity or entities, ibr the two 'Tears f nmediatelyi preceding the date of the hearing. I It, All titles, deed or contracts of sale upon real property and mobile/manufactured homes wherever situated„ owned by you (iii whole or in part), purchased or being purchased, or sold, and which you own or have had any interest in whatsoever, either alone or jointly with any other person(s), entity or entities. for the two years f immediately preceding the date of the hearing. 12. All automobile or personal property, casualty and/or collision or all-risk insurance policies presently owned by you which you owned or in which you had any interest whatsoever, either alone or jointly with any other person(s) entity, entities for the two years immediately preceding the date of the hearing. 13. All property assessment notices issued to you within the two years immediately preceding the date of the hearing. 14. All titles, bills of salt; or contracts of sale upon personal property, including but not limited to automobiles and other vehicles, boats, household goods, miscellaneous furniture and fixtures, pets and livestock, belonging to you o in which you have or have had any interest whatsoever, either alone or with any other ierson(s);. entity or entities, for the two years immediately preceding the date of the hearing. 1'5, A complete inventory of all items of personal property which belong to you or in which you have an interest of any nature whatsoever, including household fixtures, furnishings, appliances, jewelry and recreational equipment. Ailachmcat 2 .... Documents Requested in Subpoena Page w rS-t 16. List of all wages.. commissions. salaries, draws, deposits, bonuses and/or monies owing to you, or to your account (in whole or in part). held in trust for you, including the name(s) of the person(s) and/or firm or company from whom monies are being received or due, for three months next preceding the date of the hearing. 17. All evidence of mining claims, patents or development work or copyrights owned by you or in which you have or have had any interest whatsoever, either alone of jointly with_ any other person.(s)entity or entities, for *t wo years preceding the date of -he hearing. 18- All United States or foreign currency or cash on your person or in your custody a the time you are served with this order, 12 1' 14 15 16 17 18 19 20 21 22 233 24 25 26 27 28 29 30 3 32 33 34 J5 19. The books and records for the last twelve months of any corporation in which you have a majority interest, partnership or sole proprietorship. 20. A listing of all monies from an estate or inheritance received by you as beneficiary for two years preceding the date of the hearing. 21, All leases and rental agreements in which you have an interest as a landlord or tenant. either alone or jointly with any other person(s), entity or entities for one year preceding the date of the hearing. 22. Records regarding any and all real estate transactions, sales pending or funds placed in escrow which belong to you or in which you have any interest either alone or jointly with any other person(s), entity or entities, for the last two years. 23. Copies of any current occupational license(s) or occupational certification(s) you currently hold or have held in the last two years. 24. All judgments and liens against you or against property in which you have any interest either alone or jointly with any other person(s), entity or entities. 25. All court ordered child or spousal support that you are responsible for either alone or jointly with any other person. 26. All records regarding any creditors you may have, either alone or jointly with any other person(s), entity or entities. ,Xttachratnt 2 -- Doeurntents Requested in Subpoena Page 3 of 4 27, All records regarding any pending lawsuit you may }rave, either alone or jointly with any other personisj, entity or entities. 28. loan obligation or contract which you may be a co-maker. guarantor or endorser. All records regarding any 29, A[! genera (edgers and receipts from all clients including contractors,. U f 1i f3 1? .? I ;4 1s ,6 t? ?s 9 2U 2 23 1 i 24 25 26 27 2s 1 29 30 I 3{ f j 34 ( :AU Pay stubs `rJr The pt1Sr si = ri'o-nihs. 3 (. Invoices subr-n itted for -goods and services delivered to you by third parties. 32. Pater,. Trademark and Copyright registration certificates. royalty contracts for books. music, film, computer software, etc. 33. Bankruptcy papers (if petition was tiled within previous six years). 34. All applications for credit made within the previous three years. 35. Copies of cancelled checks paid by tenants (if you are a landlord). 36. Trust instrument. 37. Statements from Keogh, IRA or any other similar pension funds. 38. Bill of sate for property sold within the previous three months. 39. Pawnbroker receipts. 140. I3etennination of Worker's Compensation eligibility and award. attachment 2 - Documents Requested in Suitpoenf Page 4 W4 No. t0-5281 CIVIL TERM DIRECTED TO MICHAEL BARRETT CERTIFICATE OF SERVICE This is to certify that a true and exact copy of this Notice to Produce has been served upon the following parties pursuant to 231PaCR440 as follows this 18t' day of August 2010: VIA REGULAR U.S. MAIL Michael Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055-6059 As Defendant and Judgment Debtor VIA REGULAR U .S. MAIL, (CERTIFICATE OF MAILING) Barrett Comany, Inc. 429 S. 18T Street Camp Hill, PA 17011 As Defendant and Judgment Debtor August 18, 2010 goVhnT. Logst , Pro Se O. Box 4134 30 North Main Street Washington, PA 15301 (866)700-3939 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES CIVIL DIVISION JUDGMENT ASSIGNEE FOR: WAYNE RICHARD, Plaintiff and Judgment Creditor, V. MICHAEL BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants and Judgment Debtors. Commonwealth of Pennsylvania County of Cumberland ss. Case No. 10-5281 Civil Term NOTICE TO PRODUCE 231PaCR234.8 To: MICHAEL BARRETT You are directed to produce the following: Copies of all documents detailed on attached list. In lieu of personal appearance; you may cause the documents to be delivered to the address by personal delivery, US Mail or other courier service At Keystone Litigation Recovery Services, P.O. Box 4134, 30 North Main Street, Washington, PA 15301 On or before September 8, 2014 at 5:00 PM If you fail to produce the documents or things required by this notice to produce, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. gust 18, 20 J ohn T. Logst , Pro Se P.O. Box 4134, 30 North Main Street Washington, PA 15301 (866)700-3939 (412)223-4227 fax ATTACHMENT 2 THE FOLLOWING COPIES OF DOCUMENTS ARE REQUIRED TO BE PRODUCED IN CONNECTION WITH THIS SUBPOENA The Following records are required for the ORDER OF EXAM. INATION AND SUBPOENA. MAKE '? O- PIES OF THE ORiCrINAI. DOCUMENTS AND BRING BO'I H THE' OI?.l:GI ^v 41_ . N)! r r'€ iP1I 5 WITH "Y0 . . 1. Copies of your Federal and State Income Tax Returns and W-2's and 1.049 forms for the last three years immediately preceding the date of the hearing and estimates of State and Federal taxes for the current vear_ '2 k to i? 16 17 ! 1.8 19 20 21 22 23 24 2; 26 27 2s 2s o 31 32 33 34 .';3 2. All documents used in the preparation of the Federal and State Income Tax Returns required above:. a. Bank Statements. canceled checks and checkbooks for all checking account belonging to you or in which you have or have had any interest. whatsoever, either alone or jointly with any other person(s), entity or entities for one year preceding the date of the hearing. 4. Bank statements, canceled checks and checkbooks for all checking accounts belonging to any corporation in which you own a majority interest, for any partnership in which you have interest, for any sole proprietorship of which you own, for one year preceding the date of the hearing. 5. All savings deposit books or other statements for any savings accounts in any bank, savings and 'Loan association, credit union or other similar institution, which belong to you or in which you have any interest either alone or jointly with any other person(s), entity or entities, for the two years immediately preceding the date of the hearing. b. All life insurance policies now upon your life and those of which you are owner and those naming you as beneficiary. ?. All contracts, notes, money orders., drafts, promissory notes, negotiable instruments, mortgages, pledge agreements and/or receivables payable to you, for your benefit, or held in trust for you, whether or not the same be now due and/or payable, within the two years immediately preceding the date of the hearing. Attathrntnt 2 - oocurnents Requested in Subpoena Page p of •4 t 4 ;3 4 15 16 11 19 19 20 z1 22 ?3 24 1 26 27 28 29 30 3: 32 33 34 35 8. Key -co any and all sale deposit boxes wherever situated, wwhether privately rnaintained or its and hank or savings and loan, credit union or similar association, belonging to you or in which you have or have had any interest whatsoever, either alone or Jointly with any other person(s) entity or entities, for the two years immediately preceding the date of the above hearing. g. All evidence and all certificates of any and all stocks and bonds belonging to you or in which you !cave or have had am, -Mteres' whatsoever caller alone or iolntl with 2 v other pers€3nf v 1, entity o !ritities, for !'no ? o .-ears inttrlediatety preeednno the date of he hearix:«. i 10- All fire, burglary and extended coverage or similar insurance policies now in force upon any rea estate or t personal property (including copies of insurance inventories) owned G-v you or -irk which you have or have had any interest whatsoever, either alone or_joiDtly with any outer person(s), entity or entities, for the two years ntnediate j preceding the date of the hearing. I I. All titles, deed or contracts of sale upon real property and mobile/manufactured homes wherever situated, owned by you (in whole or in part), purchased or being purchased, or sold, and which, you own or have had any interest in whatsoever, either alone or jointly with any other person(s), entity or entities, for the two years immediately preceding the date of the hearing. ?I 12. All automobile or personal property, casualty and/or collision or all-risk insurance policies presently owned by you which you owned or in which you had any interest whatsoever, either alone or jointly with any other person(s) entity, entities for the two years immediately preceding the date of the hearing. 13. All property assessment notices issued to you within the two years immediately preceding the date of the hearing. 14. All titles, bills of sale or contracts of sale upon personal property, including but not limited to aLAolnobiles and other vehicles, boats, household goods, miscellaneous furniture and fixtures„ pets and livestock, belonging to you c in which you have or have had any interest whatsoever, either alone or with any other person(s), entity or entities, for the two years immediately preceding the date of the hearing. 1 S. A complete inventory of alt items of personal property which belong to you or in which you have an interest of any nature whatsoever, including household fixtures, furnishings, appliances, jewelry and recreational equipment. i? li z Ai(achment 2, - Documents Requested in Subpoena Page 2 of 4 ti 16, List of all wages, commissions. salaries, draws. deposits, bonuses and/or monies owing to you, or to your account (in whole or in part), held in trust for you, including the name(s) of the person(s) and/or firm or company from whom monies arc being received or due. for three months next preceding the date of the hearing.. 17, All evidence of ;Wining claims, patents or development work or copyrights owned by you or in which you have or have had any interest whatsoever.. either alone or jointly with any other person.(s), entity or entities, for two year preceding the date of the hearing. 12 14 15 16 1_ 18 19 j 2L 21 22 23 24 25 z6 ,7 as 29 30 31 32 33 34 l 8. Al: United States or foreign currency or cash on your person or in your custody at the tirrre you are served with this order. 19, The books and records for the last twelve months of any corporation in which you have a majority interest, partnership or sole proprietorship. 20. A listing of all monies froth. an estate or inheritance received by you as beneficiary for two years preceding the date of the hearing. 21. All leases and rental agreements in which you have an interest as a landlord or tenant. either alone or jointly i with any other person(s), entity or entities for one year preceding the date of the hearing. 22. Records regarding any and all real estate transactions, sales pending or hinds placed in escrow which belong to you or in which you have any interest either alone or jointly with any other person(s), entity or entities, for the last two years. 23. Copies of any current occupational license(s) or occupational certification(s) you currently hold or have held in the last two years. 24. All judgments and liens against you or against property in which you have any interest either alone or jointly with any other person(s), entity or entities. 25. All court ordered child or spousal support that you are responsible for either alone or jointly with any other person. 26. All records regarding any creditors you may have, either alone or jointly with any other person(s), entity or entities. Attachment 1 -- Donn tents Requested in Subpoena Page 3 of 4 i 2;. All records regard ng any pending lawsuit you inav have. either alone or jointly Witli any other nersontsj, entity or entities. 28. All records regarding any loan, obligation or contract which you may be a co-maker, guarantor or endorser. 19.All I general ledgers and receipts from all clients including contractors. (;. All pay stubs rbr the past s months. 1. Invoices submitted for , goacis and services delivered to You by third parties. 2. Patent. Trademark and Copvright registration certificates. royalty contrac*-s for books. music, film. computer oftware, etc. 3. Bankruptcy gapers (if petition was filed within previous six years). 4. All applications for credit made within the previous three years. 5. Copies of cancelled checks paid by tenants (if you are a landlord). 36. Trust instrument. 137. Statements from Keogh, IRA or any other similar pension funds. 138. Bill of sale for property sold within the previous three months. 139. Pawnbroker receipts. 140. Determination of Worker's Compensation eligibility and award. A ttadhinent 2 - Documents RettnestrA in Subpoena Wage 4 n£ 4 No. 10-5281 CIVIL TERM DIRECTED TO MICHAEL BARRETT CERTIFICATE OF SERVICE This is to certify that a true and exact copy of this Notice to Produce has been served upon the following parties pursuant to 231PaCR440 as follows this 18ffi day of August 2010: VIA REGULAR US. MAIL CERTIFICATE OF MAILING Michael Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055-6059 As Defendant and Judgment Debtor VIA REGULAR US. MAIL Barrett CoTEany, Inc. 429 S. 18 Street Camp Hill, PA 17011 As Defendant and Judgment Debtor August 18, 2010 ()J n T. Logst , Pro Se .O. Box 4134 30 North Main Street Washington, PA 15301 (866)700-3939 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES, AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD CIVIL TERM No. 10-5281 Plaintiffs and Judgment Creditors, V. MICHAEL BARRETT d/b/a BARRET COMPANY and BARRETT COMPANY, INC. MOTION AND PROPOSED ORDER FOR SUPPLEMENTARY RELIEF IN AID OF EXECUTION OF JUDGMENT 231PaCR3118 Filed on behalf of Assignee, John T. Logston d/b/a Keystone Litigation Recovery Services Defendants and Judgment Debtors. Counsel of Record for this Party: John T. Logston Pro Se KEYSTONE LITIGATION RECOVERY SERVICES P.O. Box 4134 30 North Main Street Washington, PA 15301 Tel: (866) 700-3939 Fax: (412) 223-4227 r-, - („-j ' C:' yT? C 3 fY t NOTICE OF PRESENTMENT OF PETITION Please take notice that the within Motion has been filed with the Prothonotary of Cumberland County, Pennsylvania pursuant to Local Rule 4001-1. Any answer or response to this petition should be copied to the plaintiff / assignee and filed with the Court September 16, 2010 CERTIFICATE OF SERVICE I hereby certify that I have this day caused to be served a true and correct copy of this MOTION AND PROPOSED ORDER GRANTING SUPPLEMENTARY RELIEF IN AID OF EXECUTION OF JUDGMENT upon the following parties: VIA REGULAR MAIL (CERTIFICATE OF MAH ING) Michael Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055-6059 As Defendant and Judgment Debtor Barrett Company, Inc. PO Box 219 Camp Hill, PA 17001-0219 As Defendant and Judgment Debtor i 6 ohn T. L gs n, Pro Se 4 P.O. Box 41 4 30 North Main Street Washington, PA 15301 (866)700-3939 September 16, 2010 No. 1.0-5281 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOG STON d/b/a ) CIVIL TERM KEYSTONE LITIGATION ) RECOVERY SERVICES, } No. 10-5281 AS JUDGMENT ASSIGNEE FOR: ) WAYNE RICHARD ) Plaintiffs and Judgment ) Creditors, ) V. ) MICHAEL BARRETT d/b/a ) BARRET COMPANY and BARRETT } COMPANY, INC. ) Defendant and Judgment ) Debtor. ) MOTION Now comes John T. Logston representing himself as pro se, to request this honorable court to issue an order granting Supplementary Relief in aid of execution of judgment pursuant to 231 PaCR3118. In support of this Motion; plaintiff asserts the following: 1. On January 29, 2010; a judgment was awarded in the Superior Court of Connecticut, Windham Judicial District in the amount of $60,104.68 plus costs and statutory interest in favor of plaintiff Wayne Richard and against defendants Michael Barrett d/b/a Barrett Company and Barrett Company, Inc. under docket number WWM-CV09-5005082-S. 2. On August 12, 2010; a certified and exemplified copy of the judgment was recorded with the Prothonotary of Cumberland County under docket number 10-5281 Civil Term.. 3. On August 12, 2010; Assignment of Judgment was recorded with the Prothonotary of Cumberland County; transferring ownership of the judgment from Wayne Richard to John T. Logston d/b/a Keystone Litigation Recovery Services. 4. Keystone Litigation Recovery Services is a Fictitious Business of John T. Logston; registered with the Secretary of State of the Commonwealth of Pennsylvania. 5. Notice of Judgment was served upon the defendants separately by the Prothonotary on August 12, 2010. 2 No. 10-5281 Civil Term 6. On August 16, 2010; notice of judgment and demand for payment was issued to the defendants by plaintiff, affording them 30 days to provide evidence of payment or dispute the validity of the judgment. Exhibit A a. As of the date of this petition; neither defendant has disputed the validity of the judgment. b. No evidence of payment has been provided. 7. On August 18, 2010; plaintiff served both defendants with Notice To Produce in accordance with Pennsylvania Rules of Civil Procedure 234.8 Exhibit B a. Defendants were properly noticed of their required compliance with this notice and the potential sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure for failing to or refusing to comply. b. As of the date of this petition; neither defendant has complied with the Notice To Produce; nor have they given any reasonable excuse for their refusal or lack of cooperation. 8. Demand to comply with the previous discovery request has been made. 9. 231PaCR3117 affords the judgment creditor the right to discovery of assets in aid of execution of judgment; and the judgment debtor's failure and refusal to comply with these requests violates this right. 10. This judgment is valid and fully enforceable under the law. 11. Judgment creditor in this case has evidence and reason to believe that judgment debtor is unjustly withholding or hiding assets subject to execution by the court. 12. Plaintiff has incurred additional costs associated with this action to compel the defendant's cooperation. 13. Plaintiff is confident that an Order of Court is the only way to compel the Judgment Debtor's cooperation with discovery. 14. There remains due and owing as of the date of this motion a balance of $65,480.12 as follows: $60,104..68 principal, $2,363.76 statutory interest at the rate of 6.000% and court costs of $596.68 and attorney fees of $2,415.00. Wherefore, Judgment Creditor requests this honorable court to grant the proposed Order of Court pursuant to 231 PaCR3118. Respectfully Submitted, 3 No. 10-5281 Civil Term ohn T. L gs n D/BIA Keystone Litigation Recovery Services Pro Se P.O. Box 4134 30 North Main Street Dated: September 16, 2010 Washington, PA 15301 Tel: (866) 700-3939 Fax: (412) 223-4227 4 August 16, 2010 Michael Barrett d/b/a Barrett Company 706 Moores Mountain Rd Mechanicsburg, PA 1.7055-6059 KEYSTONE LITIGATION Q o RECOVERY SERVICES O SENIOR MEMBER: National Judgment Network G? Dear Mr. Barrett: This letter is to notify you that this office has been legally assigned the right to enforce and recover a judgment entered against you in the Superior Court of Connecticut on January 29, 2010 and further Exemplified to the Court of Common Pleas of Cumberland County, Pennsylvania on August 12, 2010 (Civil Action Number 10-5281 Civil)in the amount of $60,104.68 plus costs and interest, by Wayne Richard. This letter is also to advise you that we mean to pursue this debt legally to the full extent of the law. Any legal fees incurred on our part necessary to obtain satisfaction of this judgment will be added on to your debt along with daily interest charges. As of the date of this letter; your balance is $65,161.52, including court costs of $596.68, Attorney Fees of $2,415.00 and statutory interest at the rate of 6.000% of $2,045.16. Unless you notify this office within 30 days after receipt of this notice that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or a copy of the judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original judgment creditor, if different from the current Judgment creditor. This is an attempt to collect a judgment debt and any information obtained will be used for that purpose. If you wish to contact me to make arrangements for satisfying this judgment or exploring alternative solutions, I may be reached at (866)700-3939. If you are not in a position to satisfy this judgment in full, we may be able to work, out a suitable payment plan. Please do NOT attempt to contact Wayne Richard regarding this matter as the judgment has been legally assigned to us. All correspondence and paymE•nts in this matter MUST be made through this office. Failure to respond to this notice places your real and personal property in danger levy, garnishment or seizure without further notice. Sincerely, Keystone Litigation Recovery Services P.O. Box 4134 30 North Main Street Washington, PA 15301 BY: 0- r)ertified n T. Logs on (866)700-3939 TOLL FREE Judgment Enforcement Specialist wwrw. KEY STONELITIGATION. com EXHIBIT Keystone Litigation Recovery Services August 16, 2010 KEYSTONE LITIGATION Barrett Company, Inc. Qap? RECOVERY SERVICES 429 S . 16'r' Street SENIOR MEMBER: Nationalludgment Network Camp Hill , PA 1'711 Tc Whom It May Concern: Thi:; letter is to notify you that this office has been legally assigned the right to enforce and recover a judgment entered against you in the Superior Court of Connecticut on January 29, 2010 and further Exemplified to the Court of Common Pleas of Cumberland Cour.ty, Pennsylvania on August 12, 2010 (Civil Action Number 10-5281 Civil)in the amount of $60,104.68 plus costs and interest, by Wayne Richard. This letter is also to advise you that we mean to pursue this debt legally to the full extent of the law. Any legal fees incurred on our part necessary to obtain satisfaction of this judgment will be added on to your debt along with daily interest charges. As of the date of this letter; your balance is $65,161.52, including court costs of $596.68, Attorney Fees of $2,415.00 and statutory interest at the rate of 6.000=, of $2,045.16. Unless you notify this office within 30 days after receipt of this notice that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or a copy of the judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original judgment creditor, if different from the current judgment creditor. This is an attempt to collect a judgment debt and any information obtained will be used for that purpose. If you wish to contact me to make arrangements for satisfying this judgment or exploring alternative solutions, I may be reached at (866)700-3939. If you are not in a position to satisfy this judgment in full, we may be able to work out a suitable payment plan. Please do NOT attempt to contact Wayne Richard regarding this matter as the judgment has been legally assigned to us. All correspondence and payments in this matter MUST be made through this office. Failure to respond to this notice places your real and personal property in danger levy, garnishment or seizure without further notice. Sincerely, Keystone Litigation Recovery Services P.O.Box4134 30 North Main Street i By: Washington, PA 15301 J n T. Logst ertified Judgment Enforcement Specialist (866)700-3939 TOLL FREE EXHIBIT Keystone Litigation Recovery Services www. KEYSTONELITI GAT] ON. corn john Okey c `l,tifation.com /q -2?171 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SFRVICES CIVIL DIVISION JUDGMENT ASSIGNEF WAYNE RICHARD, Plaintiff and Judgment Creditor, V. MICHAEL BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants and Judgment Debtors. Commonwealth of Pennsylvania County of Cumberland ss. Case No. 10-5281 Civil Term NOTICE TO PRODUCE 231 PaCR234.8 To: BARRETT COMPANY, INC. You are directed to produce the following: Copies of all documents detailed on attached list. In lieu of personal appearance; you may cause the documents to be delivered to the address by personal delivery, US Mail or other courier service. At Keystone Litigation Recovery Services, P.O. Box 4134, 30 North Main Street, Washington, pA 15301 On or before September 8, 2010 at 5:00 PM If you fail to produce the documents or things required by this notice to produce, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. A s 18? hn T. Logsto ro Se P.O. Box 4134, 30 North Main Street Washington, PA 15301 (866)700-3939 (412)223-4227 fax EXHIBIT COO pS7 ATTACHMENT 2 THE FOLLOWING COPIES OF DOCUMENTS ARE REQUIRED TO BE PRODUCED IN CONNECTION WITH THIS SUBPOENA 9 1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33, ;d "Fhe Following records are required for the ORDER OF EXAMINATION AND SUBPOENA. MAKE COPIES OF THE ORIGINAL DOCUMENTS AND BRING BOTH THE ORIGINAL AND COPIES W IT i Y OL. I . Copies of your Federal and State Income Tax Returns and W-2's and i 099 forms for the last three years immediately preceding the date of the hearing and estimates of State and Federal taxes Tor the current year. 2. All documents used in the preparation of the Federal and State Income T ax Returns required above. 3. Bank Statements, canceled checks and checkbooks for all checking account belonging to you or in which you have or have had any interest, whatsoever, either alone or jointly with any other person(s), entity or entities for one year preceding the date of the hearing. 4. Bank statements, canceled checks and checkbooks for all checking accounts belonging to any corporation in which you own a majority interest, for any partnership in which you have interest, for any sole proprietorship of which you own, for one year preceding the date of the hearing. 5. All savings deposit books or other statements for any savings accounts in any bank, savings and loan association, credit union or other similar institution. which belong to you or in which you have any interest either alone or jointly with any other person(s), entity or entities, for the two years immediately preceding the date of the hearing. 6. All life insurance policies now upon your life and those of which you are owner and those naming you as beneficiary. 7. All contracts. notes, money orders, drafts, promissory notes, negotiable instruments, mortgages, pledge aareernents and/or receivables payable to you, for your benefit, or held in trust for you, whether or not the same be now due a_rd/or payable, within the two years immediately preceding the date of the hearing. EXHIBIT 9 r aments Rtqutsud in Subpotna Page t of 4 1 , 2 3 _1 h ii 3 1 V s 12 ;3 4 15 16 17 19 19 20 21 22 23 24 25 26 27 2s 29 30 3. 32 34 3: 8. Key to any and ail safe deposit bores wherever situated, whether privately° maintained or in any bank or savings and loan, credit union or similar association. belonging to you or in which you have or have had any interest whatsoever, either alone or jointly with any other person(s) entity or entities. for the two years immediately i preceding the date of the above hearing. A. Ail evidence and all certificates of any and all stocks and bonds belonging to you or in NNhich you have or have had any interest whatsoever either alone or Jointly with anv other person(s). entity car entities. for the two nears lnmediate)v treceding the daw of the hearing. i4. All fire, burglary and extended coverage or sitrilat insurance policies now in force upon any real estate or personai property (including copies of insurance inventories) owned by you or in which you have or have had any interest whatsoever, either alone or jointly with any other person(s), entity or entities.. for the two years immediate preceding the date of the hearing. 1 11. All titles, deed or contracts of sale upon real property and mobile/manufactured homes wherever situated, i owned by you (in whole or in part), purchased or being purchased, or sold, and which you own or have had any interest in whatsoever, either alone or jointly with any other person(s), entity or entities, for the two years immediately preceding the date of the hearing. 12. All automobile or personal property, casualty and/or collision or all-risk insurance policies presently owned by you which you owned or in which you had any interest whatsoever, either alone or jointly with any other person(s) entity, entities for the two years immediately preceding the date of the hearing. 13. All property assessment notices issued to you within the two years immediately preceding the date of the I hearing. 14. All titles, bills of sale or contracts of sale upon personal property, including but not limited to automobiles and other vehicles, boats, household goods, miscellaneous furniture and fixtures, pets and livestock, belonging to you o1 in which you have or have had any interest whatsoever, either alone or with any other person(s), entity or entities, for the two years immediately preceding the date of the hearing. 15. A cornp)ete inventory of all items of personal property which belong to you or in which you have an interest of I any nature whatsoever, including household fixtures, furnishings, appliances, jewelry and recreational equipment. EXHIBI' 6-3 Requested in Subpoena Vagc 2 or 4 16, List of ail wages, commissions, salaries. draws. deposits, bonuses and/or monies owing to you, or to your account (in w:nole or in part), held in trust for you, including the name(s) of the person(s) and/or firm or company from whom monies are being received or due.. for three months next preceding the date of the hearing. 17. All evidence of mining claims, patents or development work or copyrights owned by you or it,. which you have or have had any interest whatsoever, either alone or jointly with any other person.(s). entity or entities, for two years 4 preceding tree date of t}ie hearirtig. ` i S. All United States or foreign currency or cash or. your person or in your custody at the time you are served with l this order. 12 19. The books and records for the last twelve months of any corporation in which you have a majority interest. 13 partnership or sole proprietorship. 14 1 17 120. A listing of all monies from an estate or inheritance received by you as beneficiary for two years preceding the 16 date of the hearing. 17 18 21. All leases and rental agreements in which you have an interest as a landlord or tenant, either alone or jointly 19 with any other person(s), entity or entities for one year preceding the date of the hearing. 20 21 22. Records regarding any and all real estate transactions, sales pending or funds placed in escrow which belong to 22 you or in which you have any interest either alone or jointly with any other person(s), entity or entities, for the last 23 two years. 24 25 23. Copies of any current occupational license(s) or occupational certification(s) you currently hold or have held in 26 the last two years. /7 2$ 24. All judgments and liens against you or against property in which you have any interest either alone or jointly 29 with any other person(s), entity or entities. 30 31 25. All court ordered child or spousal support that you are responsible for either alone or jointly with any other 32 person. i3 34 ( 26. All records regarding any creditors you may have, either alone or jointly with any other person(s), entity or entities. - EXHIBIT - Documents Requested in Subpoena Page 3 of 4 e D 9 27. All records regarding any pending lawsuit. you may have, either alone or jointly with any other person(s).. entity or entities. 28. All records regarding any loan, obligation or contract which you may be a co-maker. guarantor or endorser. 0 14 15 16 .e ;9 20 21 22 23 24 25 26 27 28 29 30 I 31 :.s ;s 29. All general ledgers and receipts from all clients including contractors. 30 All pay stubs for the past sip: mon.rhs. 31. Invoices submitted for goods and services delivered to you by third parties. 32. Patent. 'Trademark and Copyright registration certificates. royalty contracts for books. music, film, computer software, etc. 33. Bankruptcy papers (if petition was filed within previous six years). 34. All applications for credit made within the previous three years. 35. Copies of cancelled checks paid by tenants (if you are a landlord). 36. Trust instrument. 37. Statements from Keogh, IRA or any other similar pension funds. 38. Bill of sale; for property sold within the previous three months. 39. Pawnbroker receipts. 40. Detennination of Worker's Compensation eligibility and award. EXHIBIT uments Requested in Subpoena Page 4 of 4 No. I0-5281 CIVIL TERM DIRECTED TO MICHAEL BARRETT CERTIFICATE OF SERVICE This is to certify that a true and exact copy of this Notice to Produce has been served upon the following parties pursuant to 231PaCR440 as follows this 18'h day of August 2010: VIA REGULAR US . MAIL Michael Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055-6059 As Defendant and Judgment Debtor VIA REG ULAR U. S. MAIL, (CERTIFICATE OF MAILING) Barrett Company, Inc. 429 S. 18 Street Camp Hill, PA 17011 As Defendant and Judgment Debtor August 18, 2010 UNITEDST/.ITES POSTAL SERVICE, Certificate Of Maili This Certificate of Mailing provides evidence that mail has been pres9oted. USPS r m?(V This for )m y be used for domestic and international mail. i From .LLJT / --? C o p To: ICly ?? ~ \ o'VT DCC-1 ,"L Vf a r?• r(7lLrt?rJS? Qln?Grivi?f ?J /Ttir?.t???.°_o EXHIBIT r75310-02-000-9065 n #oh Logst , Pro Se ox 4134 30 North Main Street Washington, PA 15301 (866)700-3939 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES CIVIL DIVISION JUDGMENT ASSIGNEE FOR: WAYNE RICHARD, Plaintiff and Judgment Creditor, V. MICHAEL BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants and Judgment Debtors. Commonwealth of Pennsylvania County of Cumberland ss. Case No. 10-5281 Civil Term NOTICE TO PRODUCE 231PaCR234.8 To: MICHAEL BARRETT You are directed to produce the following: Copies of all documents detailed on attached list. In lieu of Personal appearance, you may cause the documents to be delivered to the address by personal delivery, US Mail or other courier service. At Keystone Litigation Recovery Services, P.O. Box 4134,30 North Main Street, Washington, PA 15301 On or before September 8, 2010 at 5:00 PM If you fail to produce the documents or things required by this notice to produce, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. gust 18, 20 ohn T. Logst , Pro Se P.O. Box 4134, 30 North Main Street Washington, PA 15301 (866)700-3939 (412)223-4227 fax EXHIBIT 0o1ply ATTACHMENT 2 THE FOLLOWING COPIES OF DOCUMENTS ARE REQUIRED TO BE PRODUCED IN CONNECTION WITH THIS SUBPOENA 9 The Following records are required for the ORDER OF EXA\41NATION AND SUBPOENA. MAKE COPIES OF THE ORIGTNAI_ DOCUMENTS AND BRING BOTH THE ORIGINAL AND COPIES W' I. v 1, Copies of your Federal and State Income Tax Returns and W--'s and 1099 forms for the last three years immediately preceding the date of the hearing and estimates of State and Federal taxes for the current .year. 2. All documents used in the preparation of the Federal and State Income Tax Returns required above. 14 5 16 17 is 19 20 21 22 23 24 25 26 i 2fr 29 30 31 33 i4 3. Bank Statements, canceled checks and checkbooks for all checking account belonging to you or in which you have or have had any interest, whatsoever, either alone or jointly with any other person(s), entity or entities for one year preceding the date of the hearing. 4. Bank statements, canceled checks and checkbooks for all checking accounts belonging to any corporation in which you own a majority interest, for any partnership in which you have interest, for any sole proprietorship of which you own, for one year preceding the date of the hearing. 5. All savings deposit books or other statements for any savings accounts in any bank, savings and loan association, credit union or other similar institution, which belong to you or in which you have any interest either alone or jointly with any other person(s), entity or entities, for the two years immediately preceding the date of the hearing. 6. All life insurance policies now upon your life and those of which you are owner and those naming you as beneficiary. 7. All contracts, notes, money orders, drafts, promissory notes, negotiable instruments, mortgages, pledge agreements and/or receivables payable to you, for your benefit, or held in trust for you, whether or not the same be now due and/or payable. within the two years immediately preceding the date of the hearing. EXHIBIT 6 Documents Requested in Subpoena Page t !A4 !I > f 3 4 _ i h ?I i ?I i3 14 16 1i IB 19 20 21 22 23 24 25 8. Key 10 any and all safe deposit bores'wherever situated, :whether privately maintained or in any bank or savings1 and loan, credit union or similar association, belonging to you or in which you have or have had any interest whatsoever, either alone or jointly with any other person(s) entity or entities. for the two years immediately preceding the date of the above hearing. i i 9. Ail evidence and all certificates of any and all stocks and bonds belonging to you or in which you have or have had arty interest whatsoever either alone or iointly with anv other person(s }. entity or entities. ?or ibe iwo years iI.3medlateiy preceding the date of the hearir:n. ]0_ Ail fire. burglary and extended coverage or similar insurance policies now in force upon any real estate or personal property (including conies of insurance inventories) owned by you or in which you have or have had anv interest whatsoever, either alone or jointly with any other person(s), entity or entities, f6r the two ;years immediate j preceding the date of the hearing. 11. All titles, deed or contracts of sale upon real property and mobile/manufactured homes wherever situated, owned by you (in whole or in part), purchased or being purchased, or sold, and which you own or have had any interest in whatsoever, either alone or jointly with any other person(s), entity or entities, for the two years immediately preceding the date of the hearing. 12. All automobile or personal property, casualty and/or collision or all-risk insurance policies presently owned by i you which you owned or in which you had any interest whatsoever, either alone or jointly with any other person(s) entity, entities for the two years immediately preceding the date of the hearing. 13. All property assessment notices issued to you within the two years immediately preceding the date of the hearing. 26 27 2s 29 i 30 3" 32 34 3s ` 14. All titles, bills of sale or contracts of sale upon personal property, including but not limited to automobiles and `other vehicles, boats, household goods, miscellaneous furniture and fixtures, pets and livestock, belonging to you o in which you have or have had any interest whatsoever, either- alone or with any other person(s), entity or entities, for the two years immediately preceding the date of the hearing. 15. A complete inventory of all items of personal property which belong to you or in which you have an interest of any nature whatsoever, including household fixtures, furnishings, appliances, jewelry and recreational equipment. EXHIBIT -9 tits Requested in Subpoena Page 2 of 4 16, 1 ist of all wages, commissions, salaries, draws, deposits, bonuses and/or monies owing to you, or to your account (in whole or in part), held in trust for you, including the name(s) of the person(s) andlor firm or company from whom monies are being received or due.. for three months next preceding the date of the hearing. F, 12 14 15 16 17 19 19 20 21 22 23 24 25 26 27 28 29 30 32 34 ;s 17. Al) evidence of reining claims, patents or development work or copyrights owned by you or it!. which you have or have had any interest whatsoever. either alone or jointly with any other person(s), entity or entities, for two years preceding the date of the heating. 18. All United States or foreign currency or cash on your person or in your custody at the time you are served with this order. 19. The books and records for the last twelve months of any corporation in which you have a majority interest, partnership or sole proprietorship. 20. A listing of all monies from. an estate or inheritance received by you as beneficiary for two years preceding the date of the hearing. 21. All leases and rental agreements in which you have an interest as a landlord or tenant, either alone or jointly with any other person(s), entity or entities for one year preceding the date of the hearing. 22. Records regarding any and all real estate transactions, sales pending or funds placed in escrow which belong to you or in which you have any interest either alone or jointly with any other person(s), entity or entities, for the last two years. 23. Copies of any current occupational license(s) or occupational certification(s) you currently hold or have held in the last two years. 124. All judgments and liens against you or against property in which you have any interest either alone or jointly with any other person(s), entity or entities. 25. A11 court ordered child or spousal support that you are responsible for either alone or jointly with any other person. 26. All records regarding any creditors you may have, either alone or jointly with any other person(s), entity or entities. EXHIBIT Regaesled in Subpoena Page 3 of 4 i IT All records regarding any pending lawsuit. You mav have, either alone or jointly with an other person(s), entity 2 or entitles. M. Alt records regarding any loan, obligation or contract which you may be a co-maker. guarantor or endorser. 29 A! 1 general ledgers and receipts from all clients including contractors. i i, i 30 . A d pay stubs or the past six months. n 3 14 15 16 17 18 19 2G 21 ,)1 23 24 25 26 27 2e 29 30 31 =3 34 31. Invoices submitted for goods and services delivered to you b%, third parties. 32. Paten'. Trademark and Copyright registration certificates, royalty contracts for books.. music, film, computer software, etc. 33. Bankruptcv papers (if petition was filed within previous six years). 34. All applications for credit made within the previous three years. 35. Copies of cancelled checks paid by tenants (if you are a landlord). 36. Trust instrument. 37. Statements from Keogh, IRA or any other similar pension funds. 38. Bill of sale for property sold within the previous three months. 39. Pawnbroker receipts. 40. Detennination of Worker's Compensation eligibility and award. EXHIBIT menu Re<lucsted in Subpoena Page 4 of 4 No. 10-5281 CIVIL TERM DIRECTED TO MICHAEL BARRETT CERTIFICATE OF SERVICE This is to certify that a true and exact copy of this Notice to Produce has been served upon the following parties pursuant to 231 PaCR440 as follows this 18'h day of August 2010: VIA REG ULAR _U. S. MAIL, CERTIFICATE OF MAILING Michael Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055-6059 As Defendant and Judgment Debtor VIA REGULAR US . MAIL Barrett Com9any, Inc. 429 S. 18 Street Camp Hill, PA 17011 As Defendant and Judgment Debtor August 18, 2010 UNITED STATES ICPOST -SERVICE, Certificate Of Mailir This Certificate of Mailing provides evidence that mail has been resented to USPS® for mailii This forms gay be used for domestic and international mail. From: y Lti f To: ,LL EXHIBIT 01- N 7530-02-000-9065 ? Z p o S? N E o x n c ?o MCC') lTF"?? ONLnz rp I W CUIWCf?-+-O ? r / !7 O Z fD , D rn 2 J T. Logst ,Pro Se O. Box 4134 30 North Main Street Washington, PA 15301 (866)700-3939 JOHN T. LOGSTON, D/B/A KEYSTONE LITIGATION RECOVERY SERVICES, AS JUDGMENT ASSIGNEE FOR WAYNE RICHARD PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHEAL BARRETT, D/B/A BARRETT COMPANY AND BARRETT COMPANY, INC.: DEFENDANTS : NO. 10-5281 CIVIL ORDER OF COURT AND NOW, this 28th day of September, 2010, upon consideration of co y ?.....1 .LL' 1 Plaintiff/Judgment Creditors' Motion for Supplementary Relief in Aid of Execution of Judgment, IT IS HEREBY ORDERED AND DIRECTED that: 1. A hearing on the matter will be held on Tuesday, November 2, 2010, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. Defendant/Judgment Debtor shall not dispose of any real or personal property including motor vehicles, household furnishings, bank accounts or non-exempt assets without Order of Court. By the Court, -` John T. Logston, Pro Se -- Michael Barrett rrett Company, Inc. bas Cho ?,'ES n?.t M. L. Ebert, Jr., JOHN T. LOGSTON, D/B/A KEYSTONE LITIGATION RECOVERY SERVICES, AS JUDGMENT ASSIGNEE FOR WAYNE RICHARD, Plaintiff V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BARRETT, D/B/A BARRETT COMPANY and BARRETT COMPANY, INC. NO. 10-5281 CIVIL Defendants IN RE: Motion for Supplementary Relief in Aid of Execution of Judgment ORDER OF COURT AND NOW, this 2nd day of November, 2010, this being the time and place set for a hearing on the Plaintiff's Motion for Supplementary Relief in Aid of Execution of Judgment, and the parties having advised the court that they have reached a tentative settlement in this particular matter, IT IS HEREBY ORDERED AND DIRECTED that hearing on the Motion for Supplementary Relief in Aid of Execution is generally continued to the call of the plaintiff. The parties will submit the proposed settlement order to the court on or before the close of business on November 19, 2010. By the Court, M. L. Ebert, Jr., v C"7 N l~7 ~ ~ ~~ - rn `~ John T. Lo ston g P.O. Box 4134 - ~0 ~ L ~ .`~`<, ~~ ~~'~ ` =' ~~ ~ ~ -ern ""~° t ~S ~l ~.c -'~'t ~' ~ Washington, Pa. 15301 . ~ ~.~ - -.ro i f~~~f Iv . ~ ~` ; -~ -" z -n n chael Barrett o P . O . Box 219 ~ ~ 3~~ ~ ~~ Camp Hill, Pa. 17001-0219 ~ ~ ~ -~ .mtf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES, AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD CIVIL TERM No. 10-5281 JUDGE M. L. EBERT, JR Plaintiffs and Judgment Creditors, v. MICHAEL BARRETT d/b/a BARRET COMPANY and BARRETT COMPANY, INC. Defendants and Judgment Debtors MOTION AND AGREED ORDER SETTING PAYMENT PLAN AND SETTLEMENT Filed on behalf of Assignee, John T. Logston d/b/a Keystone Litigation Recovery Services Counsel of Record for this Party: John T. Logston Pro Se KEYSTONE LITIGATION RECOVERY SERVICES P.O. Box 4134 30 North Main Street Washington, PA 15301 Tel: (866) 700-3939 extension 101 Fax: (412) 223-4227 17 _? CERTIFICATE OF SERVICE I hereby certify that I have this day caused to be served a true and correct copy of this MOTION AND AGREED ORDER SETTING PAYMENT PLAN AND SETTLEMENT upon the following parties: VIA ELECTRONIC MAILING TO: Michael Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055-6059 MBARRETTCOMPANY@AOL. COM As Defendant and Judgment Debtor Barrett Company, Inc. PO Box 219 Camp Hill, PA 17001-0219 Mbaffettcompany@aol.com As Defendant and Judgment Debtor 44 64? - T. Logst , Pro Se 0. Box 4134 P30 North Main Street Washington, PA 15301 (866)700-3939 November 12, 2010 No. 10-5281 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a ) CIVIL TERM KEYSTONE LITIGATION ) RECOVERY SERVICES, ) No. 10-5281 AS JUDGMENT ASSIGNEE FOR: ) WAYNE RICHARD ) Plaintiffs and Judgment ) Creditors, ) V. ) MICHAEL BARRETT d/b/a ) BARRET COMPANY and BARRETT ) COMPANY, INC. ) Defendant and Judgment ) Debtor. ) MOTION Now comes John T. Logston representing himself as pro se, to request this honorable court to adopt the agreed settlement as proposed. In Support of this motion; Plaintiff asserts the following: 1) Plaintiff/Assignee and Defendant have reached a mutually satisfactory agreement whereby the defendant will authorize Assignee/Plaintiff to debit $1.000.00 per month for sixteen months and $500.00 on the seventeenth month in exchange for a stay of all proceedings in execution of the judgment. 2) Both parties feel the settlement is fair and equitable for all. Dated: November 12, 2010 Respectfully Submitted, J'A40- o?hn T. og on DB/A Kystone Litigation Recovery Services Pro Se P.O. Box 4134 30 North Main Street Washington, PA 15301 Tel: (866) 700-3939 2 C NOV 1 TZ010 ^nl/yam F Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON D/B/A KEYSTONE LITIGATION RECOVERY SERVICES AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD CIVIL TERM No. 10-5281 c o 'a*t Plaintiffs rn a -v- :Zrn CD -a MICHAEL BARRETT d/b/a BARRETT COMPANY OD O And <a i? =° BARRETT COMPANY, INC. C MC) o - Defendants D a .. arm -- I -< cn co D - ORUER OF COURT 4 And now this _ 19 _ day of v , 2010; upon Motion of Plaintiff/Assignee and agreement of Defendant it is hereby ordwed: 1) Defendant shall authorize Plaintiff to debit a minimum of $1,000.00 per month from a checking account of his choosing; commencing on December 1, 2010 and continuing for a period of Sixteen (16) months and a minimum of $500.00 on the first of the Seventeenth (174) month until a total of $16,500.00 has been paid. 2) Upon completion of the above captioned payment schedule; Plaintiff agrees to enter satisfaction of the judgment within thirty (30) days. 3) A Stay of Execution is hereby entered. 4) All liens of the judgment will remain in full force during the pendency of this payment schedule. 5) In the event of default by the Defendant; Plaintiff shall be entitled to all rights under the original judgment upon petition to the court to vacate this order. Both parties having reviewed the germs of this agreed order, hereby consent to adoption and entry by the Court. J T. LogstoZ d6 n a eystone Litigation Recovery Ri Services (20-J-) toes / . :a t Lsk 14? vlfd6ar lu 419 rh4o 3z2AJw4 (20. ?rl! 81/!0 Michael Barrett By the Court, Sk t M. L. Ebert Jr.,, z T i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES, AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD CIVIL TERM No. 10-5281 Plaintiffs and Judgment Creditors, V. MICHAEL BARRETT d/b/a BARRET COMPANY and BARRETT COMPANY, INC. Defendants and Judgment Debtors. MOTION AND PROPOSED ORDER VACATING PRIOR ORDER OF COURT DUE TO DEFAULT Filed on behalf of Assignee, John T. Logston d/b/a Keystone Litigation Recovery Services Counsel of Record for this Party: John T. Logston Pro Se KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, OH 43205 Tel: (888) 855-4503 Fax: (614)670-8689 c o rnw CIO? -tn D O z" c? y.c --f Z rrn av N N W C rn -? -+ ' Xa NOTICE OF PRESENTMENT OF PETITION Please take notice that the within Motion has been filed with the Prothonotary of Cumberland County, Pennsylvania pursuant to Local Rule 4001-1. Any answer or response to this petition should be copied to the plaintiff / assignee and filed with the Court Administrator. February 14, 2012 CERTIFICATE OF SERVICE I hereby certify that I have this day caused to be served a true and correct copy of this MOTION AND PROPOSED ORDER VACATING ORDER OF COURT DUE TO DEFAULT upon the following parties: VIA REGULAR MAIL. Michael Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055-6059 As Defendant and Judgment Debtor Barrett Company, Inc. PO Box 219 Camp Hill, PA 17001-0219 As Defendant and Judgment Debtor 15 E. Livingston Avenue lumbus, OH 43205 (888)8554503 February 14, 2012 No. 10-5281 Civil Term MOVANV S STATEMENT OF PRIOR ORDERS OF COURT ISSUED IN THIS MATTER PURSUANT TO LOCAL RULE 208.3(a)(2) On September 28, 2010; The Honorable M.L. Ebert, Jr issued an Order Of Court enjoining the transfer of disposition of assets belonging to the Defendant(s) and scheduling a Hearing on the petition of Judgment Creditor seeking Supplemental Relief In Aid Of Execution. On November 18, 2010; The Honorable M.L. Ebert, Jr. issued an Order Of Court settling the judgment and setting up repayment terms. This order is the subject of this motion to vacate. 2 No. 10-5281 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a ) CIVIL TERM KEYSTONE LITIGATION ) RECOVERY SERVICES, ) No. 10-5281 AS JUDGMENT ASSIGNEE FOR: ) WAYNE RICHARD ) Plaintiffs and Judgment ) Creditors, ) V. ) MICHAEL BARRETT d/b/a ) BARRET COMPANY and BARRETT ) COMPANY, INC. ) Defendant and Judgment ) Debtor. ) MOTION Now comes John T. Logston representing himself as pro se, to request this honorable court to grant the proposed order vacating the prior order of court dated November 18`1`, 2010 due to default of the terms of the agreed order. In support of this Motion; plaintiff asserts the following: 1. On January 29, 2010; a judgment was awarded in the Superior Court of Connecticut, Windham Judicial District in the amount of $60,104.68 plus costs and statutory interest in favor of plaintiff Wayne Richard and against defendants Michael Barrett d/b/a Barrett Company and Barrett Company, Inc. under docket number WWM-CV09-5005082-S. 2. On August 12, 2010; a certified and exemplified copy of the judgment was recorded with the Prothonotary of Cumberland County under docket number 10-5281 Civil Term.. 3. On August 12, 2010; Assignment of Judgment was recorded with the Prothonotary of Cumberland County; transferring ownership of the judgment from Wayne Richard to John 'T. Logston d/b/a Keystone Litigation Recovery Services. 4. Keystone Litigation Recovery Services is a Fictitious Business of John T. Logston; registered with the Secretary of State of the Commonwealth of Pennsylvania. 5. On November 18,2010; Plaintiff/Assignee and Defendant(s) entered into an agreed Order Of Court settling the amount of judgment to $16,500.00; payable in the amount of $1,000.00 per month to be debited from a checking account of the defendant's choice 3 No. 10-5281 Civil Term until the balance was paid in full. The Order Of Court was adopted by The Honorable M. L. Ebert, Jr. Exhibit A 6. On January 1, 2012; Defendant's payment was partially returned in the amount of $500.00 due to insufficient funds in the account provided by the defendant. Defendant was warned of the ramifications of default and did replace the payment on January 24, 2012. Exhibit B 7. On February 1, 2012; Defendant's payment was again returned by his bank with notice that the account was closed. Exhibit C 8. Defendant has breached the Order Of Court by failing to maintain a checking account for payments to be debited from on a monthly basis. 9. Further; Defendant has breached the Order of Court by failing to make monthly payments as agreed and ordered. 10. There remains due under the Agreed Order an unpaid balance of $2,000.00 11. Plaintiff / Assignee is entitled to reinstatement of the original judgment due to default in accordance with Item 5 of the Order Of Court. 12. There remains due and owing as of the date of this motion a balance of $61,538.86 as follows: $58,285.48 principal, $211.70 statutory interest at the rate of 6.000% and court costs of $626.68 and attorney fees of $2,415.00. Wherefore, Judgment Creditor requests this honorable court to grant the proposed Order of Court or alternatively issue a Rule To Show Cause Why the Order Of Court should not be vacated. Respectfully lJohn T. Logston DB/A Keystone Litigation Recovery Services Pro Se 1567 East Livingston Avenue Columbus, OH 43205 Dated: February 14, 2012 Tel: (888)855-4503 Fax: (614)670-8689 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON DB/A KEYSTONE LITIGATION RECOVERY SERVICES AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiffs -v- MICHAEL BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants ORDER OF COURT CIVIL TERM No. 10-5281 And now this day of , 2010; Plaintiffs Motion to Vacate the prior Order Of Court in this matter dated November 18, 2010 by the Honorable M.L.Ebert, Jr is hereby GRANTED. 1) The Order Of Court dated November 18, 2010 in this matter is hereby VACATED. 2) The Original Judgment is hereby reinstated; subject to all payments received. 3) The Stay Of Execution in this matter is lifted and Judgment Creditor is hereby authorized to execute said judgment in accordance with the Pennsylvania Rules Of Civil Procedure. 4) All other Orders Of Court shall remain in full force. IT IS SO ORDERED. JUDGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON D/BIA KEYSTONE LITIGATION RECOVERY $ERVigES AS JUDGMENT ASSIGNEE FOR: WAYNF RICHARD CIVIL TERM ' No. I0-5281 Plaintiffs _V_ MICHAEL BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants ORDER OF COURT And now this jer xlay of 2010; upon Motion of Plaintiff/Assignee and agreement of Defendant it is hereby ordered: 1) Defendant shall authorize Plaintiff to debit a minimum of $1,000.00 per month from a checking account of his choosing; commencing on December 1, 2010 and continuing for a period of Sixteen (16) months and a minimum of $500.00 on the first of the Seventeenth (17'') month until a total of $16,500.00 has been paid. 2) Upon completion of the above captioned payment schedule; Plaintiff agrees to enter satisfaction of the judgment within thirty (30) days. 3) A Stay of Execution is,hereby entered. 4) All liens of the judgment will remain in full force during the pendency of this payment schedule. 5) In the event of default by the Defendant; Plaintiff shall be entitled to all rights under the original judgment upon petition to the court to vacate this order. Both parties having reviewed the terms of this agreed order; hereby consent to adoption and entry by the Court. M 'A .,? J T. Logston d/g/a Michael Barrett eystone Litigation Recovery Services By the Court, W. ?( ple"91- L. rt, Jr., J. January 19, 2012 Mr. Michael Barrett BARRETT COMPANY, INC. P.O. BOX 219 KEYSTONE LITIGATION - RECOVERY SERVICES SENIOR MEMBER: National Judgment Network MODERATOR: PA & OHIO REGIONS CAMP HILL, PA 17011 IN RE: KEYSTONE LITIGATION RECOVERY SERVICES ?O [Fly JUDGMENT ASSIGNEE FOR: WAYNE RICHARD -vs- BARRETT COMPANY INC. ET AL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DOCKET NO. 10-5281-CIVIL JUDGE M. L. EBERT, JR Dear Mr. Barrett: On January 1, 2012; we present a demand draft to your bank account at AmeriChoice Federal Credit Union in accordance with the Order Of Court dated November 18d, 2010 in the above captioned matter in the amount of $500.00. The payment was returned by your bank for NSF. A returned item fee in the amount of $30.00 has been added to your balance due in accordance with the debit agreement executed in this matter. Your payment of $530.00 (certified check or money order only) must reach our office at the address below within 5 business days to avoid further action on our part. If payment is not made; we will petition the Court for an Order Vacating the Order Of Court dated November 18, 2010 and reinstating the original judgment; including costs and statutory interest. We reserve the right to act upon this notice at anytime during the pendency of this case without additional notice. If you have any questions regarding this request; please feel free to contact me directly at (888)855-4503. Sincerely Jo T. Logston Certified Judgment Enforcement Specialist (NJN) Assignee and Judgment Creditor (866)700-3939 extension 101 (412)2234227 Fax .1ohn4,.Keystone Litigation. com DISCLAIMER: We are not attomeys and no information contained in this Communication should be considered legal advise. No client relationship will be created by any agreements executed. Please consult with your attorney before signing any documents. 1567 East Livingston Avenue Columbus, Ohio 43205 (888)855-4503 TOLL FREE www.KEYSTONELITIGATION.com *011ZOQ4b7? nsiss?aosa 6682645026 Tma in a Iee& COPY of ykw ohm*, cm um it as You way you WauW " uea ft o adohm*, RETURN REASON - A NOT SUFFICIENT FUNDS DOMf ff NSF .oa,ssod4mm NSF ultou/nom YM " -M1M? Hip ? • 1 Itim, ?e trot surituat we waft rta?rra?sa?V._..??,. n?ur?en+n s+.?.so.?..? ... ..... .1 ?9?8iii261!f]t'' A,?25i4Y8@1444 iAStitiipirr6r I'GOCf0050000?' N IS 281&2 28 2010 101: 2 3 &318 2 26 71: L 3844 LO 14 61F 1000000 soon e &116 , T J2? -ok F '. -mmmwk 41 ?l E ' E ' v m a W-P 0 ? . am f c [ # eL i n a cf) IT , _ . 27111 21fi0120 ET9 7hZIT123 S6Zfi2h42Q?p?OD? C3 C_ ? ?.? 0 rA ? Q r Yom - 2 s m . ?k,? = ?zo, ^ t41 O ys U w? {T LL ? m C3 J rjQ] vE . dD btLAI C Q .D ° 1* 2 :2 1 7 ;; ?r F_ - W 9-1 40), (#/g , T-C JOHN T. LOGSTON, D/B/A KEYSTONE LITIGATION RECOVERY SERVICES, AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD, PLAINTIFFS V. MICHAEL BARRETT, D/B/A BARRETT COMPANY AND BARRETT COMPANY, INC. DEFENDANTS NO. 10-5281 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT ;? ? tTt N P - AND NOW, this 27th day of February, 2012, upon consideration of Plaintiff's Motion to Vacate Prior Order of Court dated November 18, 2010; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Michael Barrett, d/b/a Barrett Company and Barrett Company, Inc. to show cause why the relief requested by the Plaintiffs should not be granted; 2. Defendant shall file an Answer to the Motion on or before March 23, 2012; 3. Hearing/Argument on the Motion will be held on Wednesday, June 6, 2012, at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. ? John Logston, Pro Se Plaintiff ? Michael Barrett, Pro Se Defendant bas 12111 JOHN T. LOGSTON, D/B/A KEYSTONE LITIGATION RECOVERY SERVICES, AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BARRETT, D/B/A BARRETT COMPANY AND BARRETT COMPANY, INC. Defendants ' rri r i - ' i> C_ w? r . DOCKET NO.: 10-5281 CIVIL-' DEFENDANT'S ANSWER TO MOTION TO VACATE AND NEW MATTER AND NOW comes Michael Barrett d/b/a Barrett Company and Barrett Company, Inc. represented by Vincent M. Monfredo, Esquire, and answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant is without sufficient information to admit or deny this and therefore it is denied. 5. Admitted. 6. Admitted. By way of further answer, Plaintiff emailed Defendant and alerted him of the notice of non-sufficient funds on or about January 21, 2012. Defendant then emailed Plaintiff January 23, 2012 and told him that he had placed the payment in the mail. On January 24, 2012 the Plaintiff confirmed receipt of the payment and asked "Will the February 1 payment be good?" (Exhibit A). 7. Denied. Strict proof of the same is demanded at trial. 8. Denied. Conclusion of law. The statement that Defendant has breached the Order of Court is a conclusion of law and requires no answer. By way of further answer it is denied and strict proof of the same is demanded at trial. By way of further answer, Defendant was unaware his checking account had been closed after the non-sufficient funds incident of January 1, 2012. In fact, when Defendant checked his account online it showed a positive balance of over $1,500.00. Further, Defendant visited the bank in person to make another deposit, which he later learned was deposited into a savings account and not the closed checking account. Lastly, Defendant received no further notice from Defendant that Defendant was unable to collect from his checking account and would have make the payment by money order if he knew his checking account had been closed. 9. Denied. Conclusion of law. The statement that Defendant has breached the Order of Court is a conclusion of law and requires no answer. By way of further answer please see the answer to statement number eight (8). 10. Admitted. By way of further answer Plaintiff has the funds to cover the remaining balance of $2,000.00 and would be willing to pay this amount as soon as possible. 11. Denied. Conclusion of law that requires no further answer but is denied and strict proof the same is demanded at trial. By way of further answer, Defendant made over twenty successful payments and would have completed payments if not for being unaware that his checking account had been closed. Further, sometime in March of 2011 the Plaintiff stopped consistently taking $1,000.00 payments and withdrew bimonthly on an inconsistent basis. Again, Defendant was unaware that the non-sufficient funds on January 1, 2012 caused his checking account to be closed and though that on February 1, 2012 his checking account had a positive balance. 12. Denied. Conclusion of law that requires no further answer but is denied and strict proof the same is demanded at trial. WHEREFORE, it is respectfully requested that this Honorable Court DENY the Plaintiff s Motion and allow Defendant to pay the balance of $2,000.00. NEW MATTER 13. Previous paragraphs are incorporated herein as if fully set forth. 14. The agreement entered into by the parties falls under the doctrine of impracticability. 15. Plaintiff was authorized to debit a minimum of $1,000 per month for sixteen (16) months until the balance of $16,500.00 was paid off. 16. This language authorized Plaintiff to debit more than $1,000 per month if he wanted. 17. Plaintiff could have withdrawn the full amount of $16,500.00 in one month and if the Defendant did not cover the balance he would have been in breach of the order. 18. In fact, Plaintiff did debit more than $1,000 from Defendant's account on multiple calendar months. 19. Defendant does not seek to excuse performance but does argue that he never breached the contract and seeks to pay the remaining balance of $2,000.00 as soon as accepted by Plaintiff. WHEREFORE, it is respectfully requested that this Honorable Court DENY the Plaintiff's Motion and allow Defendant to pay the balance of $2,000.00. Date: 3., 2 9' r z-- Respectfully Submitted, Rominger & Associates Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #206671 Attorney for Defendants VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. t l "' Date: _ Michael Barrett, Defendant RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN From: john <john@keystonelitigation.com> To: mbarrettcompany <mbarrettcompany@aol.com> Subject: RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Date: Tue, Jan 24, 2012 10:28 am We received it today. Will the February 1 payment be good? John T. Logston Certified Judgment Enforcement Specialist National Judgment Network - Moderator (PA & OH Regions) KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, Ohio 43205 888-855-4503 - Nationwide Toll Free (216)452-1772 - Ohio Office (412)223-4227 FAX www.KeystoneLitigation.com el Pagel of 2 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to it or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. -------- Original Message -------- Subject: Re: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN From: mbarrettcompany(cbaol.com Date: Mon, January 23, 2012 3:56 pm To: iohn@keystonelitigation.com John I sent via post mail afternoon tomm the 500.00 payment Thanks Sent via BlackBerry by AT&T From: <iohnCd)keystonelitigation.com> Date: Sat, 21 Jan 2012 06:35:35 -0700 To: Michael Barrett<mbarrettcompany(a)aol.com> Subject: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Mr. Barrett: Your partial payment in the amount of $500 on January 1, 2012 was returned by your bank for non-sufficient funds. Please remember that this payment was in accordance with an Order Of Court issued by the Cumberland County Court of Common Pleas. If the order is vacated due to non-payment; the entire balance of the judgment including costs and statutory interest would become immediately due and enforceable upon order of court. Please contact me within 5 days to make arrangements to settle this issue. You may forward a certified bank check or money order to the address listed below as well. Sincerely, John T. Logston http://mail.aol.com/3 5363-112/aol-6/en-us/mail/PrintMessage.aspx 1/25/2012 RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Page 2 of 2 Certified Judgment Enforcement Specialist National Judgment Network - Moderator (PA & OH Regions) KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, Ohio 43205 888-855-4503 - Nationwide Toll Free (216)452-1772 - Ohio Office (412)223-4227 FAX www.KeystoneLitigation.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to it or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. http://mail.aol.com/35363-112/aol-6/en-us/mail/PrintMessage.aspx 1/25/2012 RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Page 1 of 3 From: john <john@keystonelitigation.com> To: Michael Barrett <mbarrettcompany@aol.com> Subject: RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Date: Tue, Jan 24, 2012 12:55 pm Ok, Thats fine. We will process the 2/1/12 payment as normal. John T. Logston Certified Judgment Enforcement Specialist National Judgment Network - Moderator (PA & OH Regions) KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, Ohio 43205 888-855-4503 - Nationwide Toll Free (216)452-1772 - Ohio Office (412)223-4227 FAX www. KevstoneLitigation.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to it or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. -------- Original Message -------- Subject: Re: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN From: Michael Barrett <mbarrettcompany@aol.com> Date: Tue, January 24, 2012 10:51 am To: iohn@keystonelitigation.com Yes I will mail to you the 30.00 if that is ok Michael Barrett -----Original Message----- From: john <iohnna.keystonelitigation.com> To: mbarrettcompany <mbarrettcompany(a)aol.com> Sent: Tue, Jan 24, 2012 10:28 am Subject: RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN We received it today. Will the February 1 payment be good? John T. Logston Certified Judgment Enforcement Specialist National Judgment Network - Moderator (PA & OH Regions) KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, Ohio 43205 888-855-4503 - Nationwide Toll Free (216)452-1772 - Ohio Office (412)223-4227 FAX www.KeystoneLitigation.com http://mail. aol.com/35363 -112/aol-6/en-us/mail/PrintMessage.aspx 1/25/2012 RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Page 2 of 3 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to it or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. -------- Original Message -------- Subject: Re: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN From: mbarrettcompany0aol.com Date: Mon, January 23, 2012 3:56 pm To: iohn0keystonelitigation.com John I sent via post mail afternoon tomm the 500.00 payment Thanks Sent via BlackBerry by AT&T From: <iohn0kevstonelitigation.com> Date: Sat, 21 Jan 2012 06:35:35 -0700 To: Michael Barrett<mbarrettcomnany(cbaol.com> Subject: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Mr. Barrett: Your partial payment in the amount of $500 on January 1, 2012 was returned by your bank for non-sufficient funds. Please remember that this payment was in accordance with an Order Of Court issued by the Cumberland County Court of Common Pleas. If the order is vacated due to non-payment; the entire balance of the judgment including costs and statutory interest would become immediately due and enforceable upon order of court. Please contact me within 5 days to make arrangements to settle this issue. You may forward a certified bank check or money order to the address listed below as well. Sincerely, John T. Logston Certified Judgment Enforcement Specialist National Judgment Network - Moderator (PA & OH Regions) KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, Ohio 43205 888-855-4503 - Nationwide Toll Free (216)452-1772 - Ohio Office (412)223-4227 FAX www. KevstoneLiticlation.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to it or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if http://mail.aol.com/3 5363-112/aol-6/en-us/mail/PrintMessage.aspx 1/25/2012 RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Page 3 of 3 you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. http://mail.aol.com/35363-112/aol-6/en-us/mail/PrintMessage.aspx 1/25/2012 JOHN T. LOGSTON, D/B/A : IN THE COURT OF COMMON PLEAS OF KEYSTONE LITIGATION RECOVERY : CUMBERLAND COUNTY, PENNSYLVANIA SERVICES, AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD, Plaintiffs V. MICHAEL BARRETT, D/B/A BARRETT COMPANY AND BARRETT COMPANY., INC. Defendants DOCKET NO.: 10-5281 CIVIL CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, certify that I this day served a copy of the within Defendants .4nswer to Motion to Vacate and New Matter, upon the following by depositing the same in the United States Post office, Carlisle, via first class delivery, addressed as follows: John Logston, pro se Keystone Litigation Recovery Services 1567 East Livingston Avenue Columbus, OH 43205 Date: ?? J rl Z Respectfully Submitted, Rominger & Associates -o Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #206671 Attorney for Defendants JOHN T. LONGSTON d/b/a IN THE COURT OF COMMON PLEAS OF KEYSTONE LITIGATION RECOVERY CUMBERLAND COUNTY, PENNSYLVANIA SERVICES, as judgment assignee for Wayne Richard, Plaintiff V : 10-5281 CIVIL TERM MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, INC., Defendant IN RE: MOTION TO VACATE PREVIOUS ORDER ORDER OF COURT AND NOW, this 6th day of June, 2012, this being the time and place set for a hearing on Plaintiff's Motion to Vacate the prior Order of Court dated November 18, 2010, and the plaintiff having failed to appear after notice, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion to Vacate is dismissed with prejudice. By the Court, M. L. Eb r r., CO `FTf _ r CD ? John T. Logston, Plaintiff ? P.O. Box 4134 -- Washington, Pa. 15301 Vincent Monfredo, Esquire For the Defendant mt f ?p -C5 I,eO (??/? ,e,v- i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN T. LOGSTON d/b/a KEYSTONE • LITIGATION RECOVERY SERVICES, • judgment assignee for Wayne Richard • • • Plaintiff : No. No 10-5281 vs. • MICHAEL BARRETT d/b/a BARRETT ' ' COMPANY and BARRETT COMPANY, INC. : r : CIVIL ACTION Defendants : ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff Wayne Richard in the above-captioned matter. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • JOHN T. LOGSTON d/b/a KEYSTONE • LITIGATION RECOVERY SERVICES, • judgment assignee of Wayne Richard • No. 10-5281 • Plaintiff vs. • = ; CIVIL ACTION MICHAEL BARRETT d/b/a BARRETT • . COMPANY and BARRETT COMPANY, : `v T INC. f--- _ • Defendants • PRAECIPE TO ASSIGN JUDGMENT TO THE PROTHONOTARY: For value received, on June 21, 2013, Plaintiff John T. Logston d/b/a Keystone Litigation Recovery Services,judgment assignee of Wayne Richard, sold, transferred, set over and assigned all of its right, title and interest in the judgment, debt, interest and costs in the above-captioned matter to Wayne Richard pursuant to the Acknowledgment of Assignment of Judgment attached hereto as Exhibit"A."Accordingly, the proper legal Plaintiff in this matter is now Wayne Richard, 202 South Main Street, Putnam, CT 06260 and we ask that the docket be marked accordingly. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff Wayne Richard 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 57y0//t C?4 31/299-6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL TERM • JOHN T. LOGSTON D/B/A KEYSTONE LITIGATION RECOVERY SERVICES Case No 10-5281 JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiff, ACKNOWLEDGEMENT OF ASSIGNMENT OF -versus- JUDGMENT MICHAEL BARRETT et. Al. -II. � NOW THIS 2151 DAY OF JUNE 2013 AT COLUMBUS,FRANKLIN COUNTY, OHIOCOMES, JOHN T. LOGSTON, assignee in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT: 1) THAT Judgment was entered by this court on or about 01/29/2010 2) THAT Plaintiff was awarded against Defendant the sum of $60,104.68 plus interest at the statutory rate of 6.000% plus costs. 3) THAT on November 18, 2010; Plaintiff and Defendant entered into an Agreed Order of Court reducing the recoverable amount of the judgment to $16,500.00 to be paid in monthly installments of$1,000.00. 4) THAT there have been no renewals since the entry of said judgment or agreed order of court and the Plaintiff has received$14,500.00 of judgment from Defendant. 5) THAT there remains due and owing under the terms of the agreed Court Order$2,000.00 6) THAT Plaintiff is the Judgment Creditor of record. 7) THAT this judgment was previously assigned to Plaintiff from Wayne Richard. 8) THAT in exchange for valuable consideration, receipt and sufficiency of which are hereby acknowledged, ,the judgment creditor of record, do hereby grant and convey all rights, title and ownership of said judgment back to: Wayne Richard 202 South Main Street Putnam,CT 06260 7) THAT I hereby authorize Assignee/Original Judgment Creditor, Wayne Richard to recover, compromise, settle and enforce said judgment and I withdraw all rights and claims to same. --I`11 "st ...r i HN T. i GS 'ON DB/A EYSTONE L TIGATION RECOVERY SERVICES L(to Witness COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOAN T. LOGSTON d/b/a • L ; KEYSTONE LITIGATION RECOVERY judgment assignee �r ' at for Wayne Richard : -. ' �r�F. Plaintiff : No. No 10-5281 • vs. • MICHAEL BARRETT d/b/a BARRETT • COMPANY and BARRETT COMPANY, INC. : : CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of an Entry of Appearance and Praecipe to Assign Judgment was served via first class mail, postage prepaid on November 25, 2013: Michael Barrett d/b/a Barrett Company 706 Moores Mountain Road Mechanicsburg PA 17055 Barrett Company, Inc. 706 Moores Mountain Road Mechanicsburg PA 17055 AMATO K ATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD : -1, 1 Plaintiff • No. 10-5281 - — :> vs. • e MICHAEL BARRETT d/b/a BARRETT • ` � r y{y COMPANY and BARRETT COMPANY, : CIVIL ACTION =a , INC. _<.. • • Defendants • PETITION TO VACATE ORDER The above Plaintiff,by and through counsel,Amato Keating and Lessa,P.C.,files the within Petition to Vacate Order and in support thereof avers the following: 1. On or about January 29,2010,Plaintiff obtained a judgment in his favor and against Defendants in the Superior Court of Connecticut, as set forth in the Order and Memorandum attached hereto, made part hereof and marked Exhibit"A." 2. Subsequently, Plaintiff assigned its right, title and interest in the Connecticut judgment to a third party, John T. Logston d/b/a Keystone Litigation Recovery Services ("Logston"), for collection purposes, as set forth in the Acknowledgment and Assignment of Judgment attached hereto, made part hereof and marked Exhibit `B." 3. The assigned judgment was transferred to this Court to the above docket number on August 12, 2010 with Logston as the Plaintiff. 4. Thereafter, Logston engaged Defendants in settlement negotiations which resulted in the entry of an Order of this Court dated November 18, 2010, a true and correct copy of which is attached hereto, made part hereof and marked Exhibit"C." 5. According to the Order, execution on the judgment was stayed in exchange for Defendants' promise to make certain payments as set forth in paragraph 1 thereof. 6. However, Defendants breached the terms of the settlement by failing to make said payments when due. 7. The Order also provides that in the event of a default in the payment terms by Defendants, then Logston was entitled to petition this Court to vacate said Order. 8. On October 28,2013,Plaintiff filed a Praecipe with this Court to assign the judgment back to him from Logston,as set forth in the Praecipe attached hereto,made part hereof and marked Exhibit"D." 9. By virtue of said assignment, Plaintiff re-acquired legal title to said judgment. 10. By virtue of Defendants'breach of the payment terms set forth in the Order,Plaintiff hereby petitions this Court to vacate said Order, thereby permitting Plaintiff to execute upon the underlying judgment. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order vacating the prior Order of Court dated November 18, 2010. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN T. LOGSTON d/b/a • KEYSTONE LITIGATION RECOVERY • SERVICES,judgment assignee • for Wayne Richard • Plaintiff : No. No 10-5281 • vs. • • MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, INC. : : CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Petition to Vacate Order was served via first class mail, postage prepaid on December 2, 2013: Michael Barrett d/b/a Barrett Company 706 Moores Moutain Road Mechanicsburg PA 17055 Barrett Company, Inc. 706 Moores Mountain Road Mechanicsburg PA 17055 AMATO K ATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM ORDER 422680 DOCKET NO: WWMCV095005082S SUPERIOR COURT R ICI IARD. WAYNE JUDICIAL DISTRICT OF \VINDI-1AM1 AT PUTNAM BARRETT. MICHAEL ET AL. 1/29/2010 • ORDER ORDER REGARDING: 11/30/09 110.00 MOTION FOR JUDGMENT Copy of Memodec scut to Ally of Record. The foregoing, having been considered by the Court, is hereby: ORDER: GRANTED Judgment enters for the Plaintiff against the Defendants in the amount of 560,104.68. See Memodec#111.00. 422680 Judge: MICHAEL E RILEY Processed by: Debora Neary \V\\ M1CV095005082S 1/29,2010 Pace i of I • lr E ,�� • f JAN 2 9 2090 SUPERIOR COURT JUDICIAL DISTRICT OF WINDHAM DOCKET NO. CV09 50050825 • SUPERIOR COURT WAYNE RICHARD • J:D. OF WINDHAM VS. • AT WILLIMANTIC MICHAEL BARRETT, JANUARY 29,2010 BARRETT CO., INC.. MEMORANDUM OF DECISION RE: MOTION FOR JUDGMENT The plaintiff in the instant matter was hired by the defendants as a construction superintendent pursuant to an employment contract in 2006. The contract provided for a bonus to be paid to the plaintiff at the end of the contract in the amount of twenty-five(25%) per cent of his total salary/wages paid ($1,000 per week). Although the plaintiff was paid his weekly salary/wages, he was never paid the bonus at the end of the contract in the amount of $28,600. The defendants were defaulted for failure to appear on October 6,2009. A hearing in damages was held before the court on November 30, 2009. The plaintiff is claiming that he is entitled to double damages, costs and attorneys fees pursuant to General Statute § 31-72 due to the defendant's failure to pay the agreed upon bonus. On July 7; 2009, the plaintiff. Wayne Richard, filed a four count complaint against the defendants, Michael Barrett, doing business as Barrett Company, and Barrett Company.Inc. �4 The complaint alleges the following facts. The parties entered into an employment agreement N S C:, -b . c. j d t cJl • • • on or about February 6, 2006, whereby the plaintiff aeereed to do work for the defendants as a construction superintendent and project manager in exchange for compensation according to the agreement between the parties. On or about July, 2008, the defendants breached the employment agreement by failing, refusing and/or neglecting to pay waves to the plaintiff in the amount of$28,600, the incentive bonus that was agreed upon if projects the plaintiff managed werc completed on time and on budget. The plaintiff further alleges that due to the defendants' failure to pay the incentive bonus to the plaintiff, pursuant to § 31-72; the plaintiff is entitled to twice the full amount of the unpaid wages plus costs and reasonable attorney's • fees. On October 6, 2009, the court granted the lainti p fps motion for a default to be entered against the defendants for failure to appear. The case proceeded to a hearing in damages to the court on November 30, 2009. • General Statutes § 31-72 provides in relevant part: "When any employer fails to pay an employee wages in accordance with the provisions of sections 31-71a to 31-71 i, inclusive, or fails to compensate an employee in accordance with section 3I-76k . . . such employee . . . may recover, in a civil action, twice the full amount of such wages, with costs and such reasonable attorney's fees as may be allowed by the court, and any agreement between him 1 k and his employer for payment of wages other than as specified in said sections shall be no }{ defense to such action. . . .' General Statutes S 31-71a (3) provides in relevant part: "`Wages' means compensation for labor or services rendered by an employee, whether the ++( amount is determined on a time, task, piece, commission or other basis of calculation . . . ." I s• "[T]he legislative history from when S 31-71a (3) was enacted . . . is silent about whether a bonus constitutes a wage." IV•'ccnrs v. Citigroup, Inc., 289 Conn. 769, 780, 961 A.2d 349 (2008). The Connecticut Supreme Court, relying on a New York case, Truelove v. Northeast Capital&Advisory, Inc..95 N.Y.2d 220, 738 N.1 ,2d 770, 715 N.Y.S.2d 366 (2000),t has held that"bonuses that are awarded solely on a discretionary basis,and are not linked solely to the ascertainable efforts of the particular employee, are not wages under § 31- 71a(3)." Weems v. Ci14;roup, Inc.,supra; 782. The Weems court noted that, in Truelove, "[t]hc court concluded that the plaintiffs bonus was not subject to the wage statutes because it was not a wage, as defined by N. Y. Labor Law § 190(1) (McKinney 2002), which is similar to § 31-71a (3), in that it defines wages, in relevant part, as `the earnings of an employee.Jor labor or services rendered, regardless of whether the amount of earnings is determined on a time, piece, commission or other basis. . . .' (Emphasis added.) The court emphasized that the terms of the [frm's] bonus compensation plan did not predicate bonus pavments.upon [the employee's] own personal productivity nor give [the employee] a contractual right to bonus payments based upon his productivity. To the contrary, the declaration of a bonus pool was dependent solely upon his employer's overall financial success. In addition, [the employee's] share in the bonus pool was In Truelove, "the plaintiff brought an action against his former employer to recover the unpaid balance of a profit sharing bonus. . . . The distribution of the bonus was subject to the chief executive officer's sole discretion, with the payments contingent on the recipient's continued employment with the lion. . . . After the plaintiff had resig=ned from the firm, the firm refused to make any further bonus payments. and the plaintiff brought an action claiming that the firm had violated New York's wage statutes by failing to pay him." (Citations omitted.) Weems v. Ctigrorrt;, supra. 289 Conn. 780. it • • • entirely discretionary and subject to the non-reviewable determination of his employer. . . . Thus, the court concluded that the w.vordine of the statute, in expressly linking earnings to an employee's labor or services personally rendered, contemplates a more direct relationship between an employee's ov n performance and the compensation to which that employee is entitled. Discretionary additional remuneration, as a share in a reward to all employees for the success of the employer's entrepreneurship, falls outside the protection of the statute." (Citation omitted; internal quotation marks omitted.) Id., 780-81. . In Weems, the plaintiffs were a class of former employees of the defendants who claimed, inter alia,that the forfeiture provisions of three different capital accumulation plans that the defendants offered to their employees violated Connecticut's wage statutes because the provisions"enable the defendants to withhold accrued wages, including bonuses, from their employees." Id., 772. Applying the rationale articulated in Truelove, the court in Weems held that the unpaid regular and branch manager bonuses at issue were not wages subject to Connecticut's wage statutes because the bonus awards were`tied to subjective factors such as diversity within a branch, and the profitability of the particular branches, which are factors not entirely predictable or within the control of the specific employee." Id., 782. The present case is distinguishable from Weems, The Appellate Court's opinion in Ziotas v. Reardon Law firm, Y.C.. 1 1 1 Conn. App. 287, 959 A.2d 1013 (2008), cert. granted. 290 Conn. 903, 962 A.2d 796 (2009), supports the plaintiff's argument that some bonuses may he considered wa�ues under .51-71a (3't. In Ziota.r, the plaintiffhrought action against I 4 ii • • his former employer, the defendant law lirm,alleging breach of contract and violation of 31-72 due to the defendant's failure to pay a bonus to the plaintiff for the calendar year in which the plaintiff left the defendant's employ, Id., 292. The plaintiff and defendant executed a written employment contract, in February, 1993, which provided that the plaintiffs annual compensation would be based, in part, on eight criteria, including business generation,business productivity and work profitability. Id.,291. From 1993 through 1997, the amount of the plaintiffs base salary and bonuses increased annually and bonuses were paid to the plaintiff each December. Id., 291-92. The plaintiff left the defendant's firm in October, 1998, and did not receive his bonus in December, 1998. Id.,292. The Appellate Court concluded that the trial court improperly overruled the plaintiffs objection to the defendant's request to revise the count in the complaint pertaining to an alleged violation of§ 31-72 because "the plaintiff pleaded a valid cause of action for the wrongful withholding of wages." Id., 313. The court reasoned that if the plaintiff proved his allegations, that the parties' employment contract provided for a bonus that fairly reflected the plaintiffs contribution to the defendant's success and that the plaintiff contributed to the defendant's success by providing legal services to the defendant's clients and by generating fees, then "the bonus alleged by the plaintiff represented compensation for [his) labor or services. It is not relevant whether the amount of that bonus was calculated on the basis of the number of hours worked. as a percentage of the defendant's net income or on some other basis of calculation, which may or 'nay not incorporate the efforts of others. The issue instead is whether the terms of the parties' employment agreement. as alleged in the complaint. > • • r . . vested in the plaintiffa right to compensation in the form ofa bonus in exchange for the services that he had provided . . . . j Statutes do not dictate the manner in which wages are calculated. . . . Instead, courts arc to focus on the agreement between the employer and employee." (Citations omitted; internal quotation marks omitted.) id. Under these facts and circumstances, the Appellate Court concluded that"the bonus could have been classified as wages for purposes of§ 31-71a(3)." 1d., 313-14. In Edwards v. Edwards I'Vines, L(.C, Superior Court,judicial district of New London, Docket No. CV 08 5008054 (.lanuary 15, 2009, Martin,..1.), the plaintiff, an employee of the defendant winery, "alleged a Wage agreement with the defendants that provided her with a bonus for increasing the winery's productivity and profitability." "Under the plaintiffs direction;the winery's sales increased by 17 percent in 2007 . . . . Although the winery's staff was paid a bonus for their success in 2007, the plaintiff did not receive a bonus that year." Id. Applying the principal from "/_rows; that a bonus constitutes a wage if the bonus is "compensation for labor or services personally rendered," the Edwards court concluded that since the wage agreement provided a bbnus in exchange for services rendered,namely, increasing productivity and profitability, the bonus "is properly considered a wage under§ 31-71a(3)." Id. In the present case, the incentive bonus at issue constitutes a wage under § 31-71a(3). The agreement of the parties provided that the defendants would pay an incentive bonus to the 1 plaintiff in the amount of twenty five percent "of the gross yearly income paid by [the defendants to the plaintiff] on a per project basis for projects completed on time and on j 1 . ,, . . . • • I budget." The incentive bonus was not to be awarded on a discretionary basis, but was linked 1 solely to the ascertainable eliorts of the plaintiff. This provision of the wage agreement provides for a bonus only if the projects that the plaintiff personally managed were completed on time and at a cost no greater than that budgeted. Unlike the bonus compensation plans in Weems or Truelove, in the present case, the payment of the incentive bonus was predicated upon the plaintiff's own personal productivity and gave the plaintiff a contractual right to i. bonus payments based upon his productivity. The bonus was only payable if the projects managed by the plaintiff were completed on time and on budget. As in Ziotas and Edwards, the bonus in the present case represented compensation for a service provided by the plaintiff, namely, managing a construction project in a way that ensured the project would be completed in a timely and cost effective manner. For the foregoing reasons, the incentive bonus in the present case constitutes a wage under§ 31-71a (3). "Although § 31-72 does not set forth a standard by which to determine whether double damages should be awarded in particular cases, it is well established . . .that it is appropriate for a plaintiff to recover attorney's fees, and double damages under [§.31-721,only when the trial court has found that the defendant acted with bad faith, arbitrariness or unreasonableness." (Internal quotation marks omitted.) Rowetto v. Triton Thalassic Technologies, Inc., 285 Conn. 716, 724, 941 A.2d 309 (20081. The Connecticut Supreme Court affirmed a trial court award of double damages to a i i. (plaintiff employee who was not compensated for working overtime, concluding that the j (defendant employer had acted in bad faith, in Butler v I'larttrrd Technical Institute. inc.. 243 i, • Conn. 454, 704 A.2d 222 (1997). The trial court found that the plaintiff was expected to work overtime and did so and that the defendant made representations to the plaintiff both before she was hired and during her employment that she would be compensated for her overtime hours. Id.,471. After submitting documentation of her overtime hours,the plaintiff was told she would not be paid for overtime. Id. The Supreme Court found that"[t]he defendant's • requests of[the plaintiffs to work additional hours, his assurances that she would be paid, coupled with his subsequent denial of payment support the trial court's decision to award double damages." Id., 471. • "Since the terms bad faith, arbitrariness or unreasonableness, are not defined in [§ 31- 72], the court must look to the facts of the individual case to determine if the actions of the employer constitute such actions." Lloyd v. Kearing, Superior Court,judicial district of Waterbury, Docket No. CV 04 4001456 (July 14, 2006, Brunetti,J.). In Lloyd,the court found the actions of the defendant employer in not paying the plaintiff employee for his • unused vacation and compensation time upon the plaintiff leaving the defendant's employ to be"arbitrary and unreasonable." Id. The court notes that"one of the inducements for the plaintiff to leave his employment and to come to work for [the defendants] was the promise of three weeks vacation. The court finds it unreasonable for the defendants to expect the plaintiff to work the hours he did Without any expectation of compensation in the form of vacation pay and compensation tine." id. • The present case is analogous to flu/lcr and Lloyd. The agreement between the parties in the present case provided that the plaintiff would be paid an additional incentive bonus if ti • • the projects under his management were completed on time and on budget. While performing his duties under the contract, the plaintiff presumably relied on this incentive bones provision. just as the plaintiff in Bu/lcr relied on her employer's assurances that she would be compensated for her additional wort, and the plaintiff in Lloyd relied on his employer's assurances regarding paid vacation time. The defendants' failure to pay the incentive bonus despite the plaintiff's efforts to provide the defendants with a valuable service, the completion of construction projects on time and on budget, could support a finding by the court of bad faith, arbitrariness and unreasonableness and therefore could support an award of double damages, costs and reasonable attorney's fees. • The court finds that the plaintiff is entitled to double damages, costs and attorneys fees pursuant to General Statutes § 31-71a(3) and § 31-72. Judgment may, therefore, enter for the plaintiff as follows: 1. Agreed upon bonus $28,600 X2 $57.200.00 2. Costs $ 489.68 3. Attorney Fees $ 2.415..00 TOTAL AMOUNT $60,104.68 THE COURT 1 ►� . 1A Riley, J. 'UMGE RILEY . Ii I �I II' i II it is • II II is I: DOCKET NO.: CV-09-5005082-S : SUPERIOR COURT . I. WAYNE RICHARD : JUDICIAL DISTRICT OF AI INDH.AM Ii VS. : Al PUTNAM II • Ii MICI-IAEL BARRETT d/b/a l3ARRETT : FEBRUARY 3, 2010 III COMPANY; BARRETT COMPANY INC. II II '' CERTIFICATION ! I hereby certify that a copy of the Order and Memorandum of Decision in the above- I 1 captioned matter was sent first class mail postage prepaid on February 3, 2010 to the • I. I _ following: . Z = --,7 Michael Barrett Barrett Company Inc. 1' 325 Deerfield Road 429 South 18`I' Street • • I: Camp Hill PA 170! 1-8437 Camp Hill PA 17011 • • ii It it . A_ j' Kathleen M. Cerrone j Commissioner of the Superior Court it ;I I 1 11 I. it I I !1 1: 1! ' III Wayne Richard 202 South Main St Putnam,CT 06260 Phone: 860-481-1685 Plaintiff In Pro Per IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Wayne Richard Case No. Plaintiff, ACKNOWLEDGEMENT OF vs. ASSIGNMENT OF JUDGMENT Michael Barrett d/bla Barrett Company And Barrett Company,Inc. Defendants. COMES NOW, Plaintiff in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT: 1)THAT judgment was awarded by this court on or about January 29,2010. 2)THAT Plaintiff was awarded against Defendant the sum of$60,104.68 3)THAT Plaintiff,to date, has received from Defendant a total of$0.00 4)THAT there remains due and owing a balance of$60,104.68, plus statutory interest and court costs. 5)THAT the judgment creditor of record is Wayne Richard. 6)THAT the judgment debtors of record are Michael Barrett d/b/a Barrett Company and Barrett Company, Inc. 7) THAT in exchange for valuable consideration, receipt and sufficiency of which are hereby acknowledged, I,the Judgment Creditor of Record,do hereby grant and convey all rights,title, and ownership of said judgment to: 6 John T.Logston of Keystone Litigation Recovery Services P.O. Box 4134 47 North Main Street,Lower Level Washington, PA 15301 Phone'(866) 700-3939 , Wayne F' and Judgment Creditor NOTARY PUBLIC: ri Subscribed and Sworn before me this <3 0 day of Anr, ` , 2010 at , , Connecticut. c �!�•�.�� SARA .t> Ek" E NOTARY PUBLIC uaai C inner ar r.c•<. �l THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JOHN T. LOGSTON D/B/A KEYSTONE LITIGATION RECOVERY SERVICES AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD CIVIL TERM No. 10-5281 Plaintiffs -v- MICHAF,i. BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants 1 ORDER OF COURT And now this J� day of _L , , 2010; upon Motion of Plaintiff/Assignee and agreement of Defendant it is hereby ordered: 1) Defendant shall authorize Plaintiff to debit a minimum of$1,000.00 per month from a checking account of his choosing; commencing on December 1, 2010 and continuing for a period of Sixteen (16)months and a minimum of$500.00 on the first of the Seventeenth(17x1) month until a total of$16,500.00 has • been paid. 2) Upon completion of the above captioned payment schedule; Plaintiff agrees to enter satisfaction of the judgment within thirty(30)days. • 3) A Stay of Execution is hereby entered. 4) All liens of the judgment will remain in full force during the pendency of this payment schedule. 5 • In the event of default by the Defendant: Plaintiff shall be entitled to all rights under the original judgment upon petition to the court to vacate this order. Both parties having reviewed the terms of this agreed order;hereby consent to adoption and entry by the Court. .0 i IJ /Arw M .it 19 T. Logston • ./a Michael Barrett /Keystone Litigation Recovery Services By the Court, • AV /A • L. . I,. i rt,Jr., t J. • 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW • JOHN T.LOGSTON d/b/a KEYSTONE • LITIGATION RECOVERY SERVICES, judgment assignee of Wayne Richard No. 10-5281 • Plaintiff vs. • CIVIL ACTION • MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, INC. . Defendants _ PRAECIPE TO ASSIGN JUDGMENT TO THE PROTHONOTARY: For value received, on June 21, 2013, Plaintiff John T. Logston d/b/a Keystone Litigation Recovery Services,judgment assignee of Wayne Richard, sold, transferred, set over and assigned all of its right, title and interest in the judgment, debt, interest and costs in the above-captioned matter to Wayne Richard pursuant to the Acknowledgment of Assignment of Judgment attached hereto as Exhibit"A."Accordingly, the proper legal Plaintiff in this matter is now Wayne Richard, 202 South Main Street, Putnam, CT 06260 and we ask that the docket be marked accordingly. AMATO KEATING AND LESSA,P.C. By: Michael R. Lessa,Esq., Atty ID#88617 Attorney for Plaintiff Wayne Richard 107 North Commerce Way Bethlehem,PA 18017 (610) 866-0400 • I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL TERM JOHN T. LOGSTONDB/A KEYSTONE LITIGATION RECOVERY SERVICES Case No 10-5281 JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiff, • ACKNOWLEDGEMENT OF ASSIGNMENT OF -versus- JUDGMENT MICHAEL BARRETT et. Al. I. -O.. ,. NOW THIS 21'DAY OF JUNE 2013 AT COLUMBUS,FRANKLIN COUNTY, OHIOCOMES, JOHN T. LOGSTON, assignee in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT: 1) THAT Judgment was entered by this court on or about 01/29/2010 2) THAT Plaintiff was awarded against Defendant the sum of $60,104.68 plus interest at the statutory rate of 6.000% plus costs. 3) THAT on November 18, 2010; Plaintiff and Defendant entered into an Agreed Order of Court reducing the recoverable amount of the judgment to $16,500.00 to be paid in monthly installments of$1,000.00. 4) THAT there have been no renewals since the entry of said judgment or agreed order of court and the Plaintiff has received$14,500.00 of judgment from Defendant. 5) THAT there remains due and owing under the terms of the agreed Court Order$2,000.00 6) THAT Plaintiff is the Judgment Creditor of record. 7) THAT this judgment was previously assigned to Plaintiff from Wayne Richard. 8) THAT in exchange for valuable consideration, receipt and sufficiency of which are hereby acknowledged, ,the judgment creditor of record, do hereby grant and convey all rights, title and ownership of said judgment back to: Wayne Richard 202 South Main Street Putnam,CT 06260 7) THAT I hereby authorize Assignee/Original Judgment Creditor, Wayne Richard to recover, compromise,settle and enforce said judgment and I withdraw all rights and claims to same. a HN T. •GS 'ON DB/A YSTONE L TIGATION RECOVERY SERVICES %'Vita ess EXHIBIT WAYNE RICHARD, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • • MICHAEL BARRETT d/b/a BARRETT COMPANY AND • BARRETT COMPANY, INC. • DEFENDANTS : NO. 10-5281 CIVIL ORDER OF COURT AND NOW, this 16th day of December, 2013, upon consideration of the Plaintiff's Petition to Vacate Order, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 17, 2014; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., Michael R. Lessa, Esquire Attorney for Plaintiff C":1 r Michael Barrett cz c2) 706 Moores Mountain Road r-, Mechanicsburg, PA 17055 -- Defendant r— .; bas ° c Cer 'CS tgcL, CTY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • r JOHN T. LOGSTON d/b/a • KEYSTONE LITIGATION RECOVERY • SERVICES,judgment assignee for Wayne Richard • rT, a Fri f°'r• Plaintiff No. No 10-5281 1/47) r,_.. r • -mac r vs. • • c. MICHAEL BARRETT d/b/a BARRETT • C,a COMPANY and BARRETT COMPANY, INC. : : CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Petition to Vacate Order and Order of Court of December 16, 2013 was served via first class mail, postage prepaid on December 19, 2013: Michael Barrett d/b/a Barrett Company 706 Moores Mountain Road Mechanicsburg PA 17055 Barrett Company, Inc. 706 Moores Mountain Road Mechanicsburg PA 17055 AMATO K ATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM JOHN T LOGSTON et al., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA K. : CIVIL ACTION–LAW r`, V. r- — : NO. 10-5281 r– t_; MICHAEL BARRETT et al., r Defendant -= , DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO VACATE AND NEW MATTER The above Defendant, by and through his counsel, Vincent M. Monfredo, files the within Answer and New Matter and in support thereof avers the following: 1. Admitted. 2. Admitted and denied. It is admitted that an exhibit was attached to Plaintiff's motion as Exhibit`B". However it is denied that Defendant has an specific knowledge of such an assignment. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Strict proof of the same is demanded at trial. By way of further answer it is a conclusion of law that requires no further answer. By way of further answer the Defendant denies ever breaching the terms of his contract. 7. Admitted. 8. Admitted. • 9. Denied. This is a conclusion of law which requires no response. 10. Denied. This is a conclusion of law which requires no response. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss the Plaintiffs Motion to Vacate. NEW MATTER 11. Previous paragraphs are incorporated herein as if full set forth. 12. On or about February 14, 2012 Plaintiff John T. Logston filed a Motion to Vacate similar in nature to the instant petition. 13. Plaintiff Logston failed to appear at a hearing before the Honorable Judge M.L. Ebert on June 6, 2012. 14. Judge Ebert entered an order on June 6, 2012 dismissing the Plainitff s motion with prejudice. 15. Said motion was dismissed with prejudice. 16. Plaintiff now attempts to refile as the assignee. 17. The Court should dismiss Plaintiffs motion as it has already been ruled. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss the Plaintiffs Motion to Vacate. Respectfully Submitted, / Date: I t Vincent M. Monfredo, Esquire 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 717.585.2064 Supreme Court ID #206671 JOHN T LOGSTON et al., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION—LAW v. • : NO. 10-5281 MICHAEL BARRETT et al., Defendant • VERIFICATION Vincent M. Monfredo, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and because he was unable to reach the Plaintiff on this day and have him sign a verification; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. v 1 a t a 4, Date: I � a Vincent M. Monfredo, Esquire Attorney for Plaintiff JOHN T LOGSTON et al•, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION—LAW v. • : NO. 10-5281 MICHAEL BARRETT et al., Defendant • CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of a Defendant's Answer and New matter was served via first class mail, postage prepaid on January 17, 2013: Michael R. Lessa, Esq. 107 North Commerce Way Bethlehem, PA 18017 P p Date: f I Vincent M. Monfredo, Esquire 155 S. Hanover St. Carlisle, PA 17103 (717) 241-6070 Supreme Court ID #206671 COURT OF- COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN T. LOGSTON d /b /a KEYSTONE LITIGATION RECOVERY Plaintiff vs. MICHAEL BARRETT d /b /a BARRETT : No. No 10 -5281 • • COMPANY and BARRETT COMPANY, INC. : : CIVIL ACTION c S ra Defendant(s) PRAECIPE TO WITHDRAW PETITION TO VACATE ORDER TO THE PROTHONOTARY: Please withdraw Plaintiff's Petition to Vacate Order without prejudice in the above captioned matter. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD Plaintiff No. 10-5281 vs. MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, CIVIL ACTION INC. Defendants PLAINTIFF'S PETITION TO VACATE ORDER OF COURT DATED JUNE 6, 2012 T' c0 The above Plaintiff, by and through counsel, Amato Keating and Lessa, P.C., files the within Petition to Vacate Order of Court Dated June 6, 2012, and in support thereof avers the following: 1. On or about January 29, 2010, Plaintiff obtained a judgment in his favor and against Defendants in the Superior Court of Connecticut, as set forth in the Order and Memorandum attached hereto, made part hereof and marked Exhibit "A." 2. Subsequently, Plaintiff assigned his right, title and interest in the Connecticut judgment to a third party, John T. Logston d/b/a Keystone Litigation Recovery Services ("Logston"), for collection purposes, as set forth in the Acknowledgment and Assignment of Judgment attached hereto, made part hereof and marked Exhibit "B." 3. The assigned judgment was transferred to this Court to the above docket number on August 12, 2010 with Logston as the Plaintiff. 4. Thereafter, Logston engaged Defendants in settlement negotiations which resulted in the entry of an Order of this Court dated November 18, 2010 ("2010 Order"), a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "C." 5. According to the 2010 Order, execution on the judgment was stayed in exchange for Defendants' promise to make certain payments as set forth in paragraph 1 thereof. 6. However, Defendants breached the terms of the settlement by failing to make said payments when due. 7. The 2010 Order also provides that in the event of a default in the payment terms by Defendants, then Logston was entitled to petition this Court to vacate the 2010 Order. 8. On February 14, 2012, Logston filed a Motion with this Court seeking to vacate the 2010 Order, a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "D." 9. On March 23, 2012, Defendant filed an Answer to said Motion, a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "E." 10. The Court scheduled oral argument on Logston's Motion on June 6, 2012. 11. However, the docket reflects that Logston failed to appear for said oral argument and the Court entered an Ordered dated June 6, 2012 dismissing Logston's Motion with prejudice ("2012 Order"), a true and correct copy of which is attached hereto, made part hereof and marked Exhibit 12. On October 28, 2013, Plaintiff filed a Praecipe with this Court to assign the judgment back to him from Logston, as set forth in the Praecipe attached hereto, made part hereof and marked Exhibit "G." 13. By virtue of said assignment, Plaintiff re -acquired legal title to said judgment. 14. Plaintiff now petitions this Court to vacate the 2012 Order. 15. The original assignment of the judgment to Logston was for the sole purpose of collecting on Plaintiff's behalf. 16. However, Logston failed to honor his contractual and/or fiduciary obligations to Plaintiff. 17. As a result, and despite Defendant's breach of the settlement terms outlined in this Court's 2010 Order, Plaintiff's ability to collect its legitimate judgment has been compromised to Plaintiff's severe prejudice. 18. Plaintiff asks that this Court vacate the 2012 Order in order to allow Plaintiff to re- file a petition to vacate the 2010 Order and collect the balance of the judgment as originally agreed by the parties and this Court. 19. Defendant will not be prejudiced by vacating the 2012 Order as Plaintiff is asking to do nothing that Defendant did not previously agree to, as outlined in the 2012 Order. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order vacating the prior Order of Court dated June 6, 2012. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD Plaintiff : No. No 10-5281 vs. MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, INC. : CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Petition to Vacate Order of Court Dated June 6, 2012 was served via first class mail, postage prepaid on June 25, 2014, upon: Vincent Monfredo, Esq. 5000 Ritter Rd., Suite 202 Mechanicsburg, PA 17055 AMATO K ATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #30951 1 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM DOCKET NO: WWMCV095005082S RICHARD. WAYNE \1. B1\RRETT, MICHAEL ET AL. ORDER ORDER 422(180 SUPERIOR COURT JUDICIAL DISTRICT OF \VINDI-IAM AT PUTNAM l'2912010 ORDER REGARDING: 11/30109 1 10.00 MOTION FOR JUDGMENT Copy of Memodec sent to Atty of Record. The foregoing, having been considered by the Court, is hereby: ORDER: GRANTED Judgment enters for the Plaintiff against the Defendants in the amount of 560,104.63. See Memodec tt 1 11.00. 422680 Judge: MICHAEL E RILEY Processed by: Debora Neary \\'\\ MCV095005082S I/29'201() Page i of ALL -STATE LEGAL® EXHIBIT • • F LE JAN 2 9 2010 SUPERIOR COURT JUDICIAL DISrRJCTOF WINDHAM DOCKET NO. C\'09 -5005082S SUPERIOR COURT WAYNE RICHARD J.D. OF WINDHAM VS. AT WILLIMANTIC MICHAEL BARRETT, JANUARY 29, 2010 BARRETT CO., INC. MEMORANDUM OF DECISION RE: MOTION FOR JUDGMENT The plaintiff in the instant matter was hired by the defendants as a construction superintendent pursuant to an employment contract in 2006. The contract provided for a bonus to be paid to the plaintiff at the end of the contract in the amount of twenty-five (25%) per cent of his total salary/wages paid ($1,000 per week). Although the plaintiff was paid his weekly salaryiwages, he was never paid the bonus at the end of the contract in the amount of 528,600. The defendants were defaulted for failure to appear on.October 6, 2009. A hearing' in damages was held before the court on November 30, 2009. The plaintiff is claiming that he is entitled to double damages, costs and attorneys fees pursuant to General Statute j 31-72 due to the defendant's failure to pay the agreed upon bonus. On July 7; 2009; the plaintiff. Wayne Richard, filed a four count complaint against the defendants, Michael Barrett, doing business as Barrett Company, and l3arrett Company. Inc. The complaint alleges the following facts. The parties entered into an employment agreement on or about February 6, 2006, whereby the plaintiff agreed to do work for the defendants as a construction superintendent and project manager in exchange for compensation :according to the agreement between the parties. On or about July, 2008, the defendants breached the employment agreement by Bailing, refusing and/or neg'.ecting to pay wages to thc plaintiff in the amount of 528,600, the incent• bonus that was agreed upon if projects the plaintiff managed were completed on time and on budget. The plaintiff further alleges that due to the defendants' failure to pay the incentive bonus to the plaintiff; pursuant to § 3I-72, the plaintiff is entitled to twice the full amount of the unpaid wages plus costs and reasonable attorney's fees. On October 6, 2009, the court granted the plaintiff's motion for a default to be entered against the defendants for failure to appear. The case proceeded to a hearing in damages to the court on November 30, 2009. General Statutes § 31-72 provides in relevant part: "When any employer Iluis to pay an employee wages in accordance svith the provisions of seetior's 31-71a to 31-71i, inclusive, or fails to compensate an employee in accordance with section 31-76k ... such employee ... may recover. in a civil action, twice the full amount of such wages, vvith costs and such reasonable attorney's fees as may be allowed by thc court, and any agreement between him and his employer for payment of wages other than as specified in said sections shall be no defense to such action...." General Statutes § 31.71u (3) provides in relevant part: 'Wages' means compensation for labor or services rendered by an employee, whether the amount is determined on a time. task. Niece, commission or other basis of calculation . Trifle legislative history from when S 31-71a (3) vas enacted ... is silent about whether a bonus constitutes ,t eva4se." i 're mx v. Ciligroup. Inc., 289 Conn. 769. 780, 961 A.2d 349 (2008), The Connecticut Supreme Court, relying on a New York case, Truelove v, Northeast Capital ck Advisory, Inc., 95 N.Y 2d 220, 738 N.E.2d 770, 715 N.Y.S.2d 366 (2000),I has held that "bonuses that are awarded solely on a discretionary basis, and are not linked solely to the ascenninable efforts or the particular employee, are not wages under S 31- 71a (3)." Weems v. Ciligroup. Inc., supra, 782. The Weems court noted that, in Truelove, "[1]he court concluded that the plaintiffs bonus was not subject lo the SI es because it was not a wage; as defined by N. Y. Labor Law § 190 (1) (McKinney 2002), which is similar to § 31-71a (3), in that it defines wages, in relevant part, as 'the earnings oC an employee for labor or .ser ices rendered, regardless of whether the amount of ear is determined on a time, piece, commission or other basis....' (Emphasis added.) The court emphasized that the terms of the [firm's] bonus compensation plan did not predicate bonus payments'upon [the employee's) own personal productivity nor give [the employee] a contracuial right to bonus payments based upon his productivity. To the contrary, the declaration ol'a bonus pool was dependent solely upon his employer's overall financial success. In addition, [the employee's) share in the bonus pool was In Truelove, "the plaintiff hrought an action against lits 1'ortner employer to recover the unpaid balance ofa profit sharing bonus.... The distribution of the bonus was subject to the chief executive officer's sole discretion, with the payments contingent on the recipient's continued employment with the firm.... After the plaintiff had resigned front the firm, the firm refused to make any further bonus payments. and the plaintiff brought an action ciaimin__ that the firm had violated New York's wage statutes by failing to pay him." (Citations omitted.) Weems v. C71Qroup. sup:a. 2S9 Conn. 780. entirely discretionary and subject to the non -reviewable determination of his employer.... Thus, the court concluded that the wording of the statute, in expressly linking earnings to an employee's labor or services personally rendered, contemplates a more direct relationship between an employee's own performance and the compensation to which that employee is entitled. Discretionary additional remuneration, as a share in a reward to all employees for the success of the employer's entrepreneurship, falls outside the protection of the statute (Citation omitted; internal quotation marks omitted.) Id., 780-81. . In Weems, the plaintiffs were a class of former employees of the defendants who claimed, inter alia, that the forfeiture provisions of three different capital accumulation plans that the defendants offered to their employees violated Connecticut's wage statuses because the provisions "enable the defendants to withhold accrued wages, including bonuses, from their employees." Id., 772. Applying the rationale articulated in Tri.reIove, the court in Weems held that the unpaid regular and branch manager bonuses at issue were not wages subject to Connecticut's wage statutes because the bonus awards were "lied to subjective factors such as diversity within a branch, and the profitability of the particular branches, which are factors not entirely predictable or within the control of the specific employee." Id., 782. The present case is distinguishable from Weem,. 'Hie Appellate Court's opinion in Zioras v. Reardon Lam Pim. P.C.. 1 1 1 Conn. App. 257, 959 A.2d 1013 (70081, seri. granted. 290 Conn. 903, 962 A.2d 796 (2009), supports the plaintiffs argument thitr some bonuses may he considered ‘vaues under 31-71a (3). In /_inter , the plaintiff!lrought action against his former employer. the defendant law lirn;, alleging breach of contract and violation of 31.72 due to the defendant's tail re to pay a bonus to the plaintiff for the calendar year in which the plaintiff left the defendant's employ. Id., 292. The plaintiff and defendant executed a written employment contact, in February, 1993, which provided that the plaintiffs annual compensation would be based, in part, on eight criteria, including business generation, business productivity and work profitability. Id., 291. From 1993 through 1997; the amount of the plaintiff's base salary and bonuses increased annually and bonuses were paid to the plaintiff each December. Id., 291-92. The plaintiff left the defendant's firm in October, 1998, and did not receive his bonus in f)ecember, 1998. Id., 292. The Appellate Court concluded that the trial court improperly overruled the plaintiffs objection to the defendant's request to revise the count in the complaint pertaining to an alleged violation of § 31-72 because "the plaintilTpleaded a valid cause of action for the wrongful withholding of wages.' Id.. 313. The court reasoned that if the plaintiff proved his allegations, that the parties' employment contract provided for a bonus that fairly reflected the plaintiff's contribution to the defendant's success and that the plaintiff contributed to the defendant's success by providing legal servicer to the def'endant's clients and by generating fees, then "the bonus alleged by the plaintiff represented compensation for [his) labor or services. It is not relevant whether the amount of that bonus was calculated on the basis of the number of hours worked. as a percentage of the defendant's net income or or. some other basis ofcalcuiation. which may or may not incorporate the efforts of othe:s. The issue instead is whether the rerms of the parties' cmolovinent agreement, as alleged in the complaint. vested in the plaintiffa right to contpensation in the forst oI'a bonus in exchange Ior the services that he had provided .... (SItatutcs du not dictate the manner in which wages are calculated.. , . Instead, courts are to focus. on the agreement between the employer and employee.' (Citations omitted; inte►nal quotation marks omitted.) Id. Under these facts and circumstances, the Appellate Court concluded that "the bonus could have been classified as wages for purposes of § 31-7I a (3)." Id., 313.14. In Edwards v. Edwards Wines, L1.C, Superior Cou rt,.judicial district of New London, Docket No. CV 08 5008054 (,tanua.'y 15, 2009, Martin,./.), the plaintiff, an employee of the defendant winery, "alleged a vage agreement with the defendants that provided her with a bonus for increasing the winery's productivity and .profitability." "Under the plaintiff's direction, the winery's sales increased by 17 percent in 2007 .. , . Although the winery's staff was paid a bonus for their success in 2007, the plaintiff did not receive a bonus that year." Id. Applying the principal from Z1crros, that a bonus const CS wage if the bonus is "compensation for labor or services personally rendered," the Edwards court concluded that since the wage agreement provided s bonus in exchange for services rendered, namely, increasing productivity and profitability, the bonus "is properly considered a wage under § 31-71a (3)." Id. In the present case. the incentive bonus at issue constitutes a wage under ti 31-7Ia (3). The agreement of the parties provided that the defendants ‘vrouId pay an incentive bonus to the plaintiff in the amount of twenty five percent 'ol'the gross yearly income paid by [the defendants to the plaintiff! on a per project basis for projects completed on time and on budget." The incentive bonus was not to be awarded on a discretionary basis, but was linked solely to the ascertainable efforts of the plaintiff. This provision of the wane agreement provides for a bonus only if the projects that the plaintiff personally managed were completed on time and at a cost no greater than that budgeted, 'Unlike the bonus compensation plans in Weems or Truelove, in the present case, the payment of the incentive bonus was predicated upon the plaintiff's own personal productivity rind save the plaintiff a contractual right to bonus payments based upon his productivity. The bonus wss only payable if the projects managed by the plaintiff were completed on time and on budget, As in Ziotas and Edwards, the bonus in the present case represented compensation for a service provided by the plaintiff, namely, managing a construction project in a way that ensured the project would be completed in a timely and cost effective manner. For the foregoing reasons, the incentive bonus in the present case constitutes a wage under § 31-71a (3). "Although § 31-72 does not set forth a standard by which to determine whether double damages should be awarded in particular cases, it is well established ... that it is appropriate for a plaintiff to recover atrorncy's fees, and double damages under [§.31-72], only when the trial court has found that the defendant tuned with bad faith; arbitrariness or unreasonableness." (Internal quotation marks omitted,) Rm.et/0 v. Triton Thalassic Technologies, Inc., 285 Conn. 716. 724, 941 A,2c1 309 (20081. The Connecticut Supreme Court ati3rmed a trial court award of double damages to a plaintiff employee who vas not compensated for working overtime, concluding that the defendant employer had acted in bad faith. in Thaler v. florvford Technical Institute. Inc.. 243 Conn. 454, 704 A,2d 222 (1997). The trial court Ibund that the plaintiff was expected to work overtime and did so and that the defendant nide representations to the plaintiff-both before she was hired and durin, her employment that she would he compensated for her overtime hours. Id., 471. After submitting documentation of her overtime hours, the plaintiff was told she would not be paid fur overtime. Id. The Supreme Court found that "[t]he defendant's requests of [the plaintiff] 10 work additional hours, his assurances that she would be paid, coupled with his subsequent denial of payment support the trial court's decision to award double damages." Id., 471, "Since the terms bad faith, arbitrariness or unreasonableness, are not defined in [§ 31- 72], the court must look to the facts of the individual case to determine if the actions of the employer constitute such actions." 1..1oyd v. Keuring, Superior Court, judicial district of Waterbury, Docket No. CV 04 4001456 (July 14, 2006, 13runeuui, J.). In Lloyd, the court found the actions of the defendant employer in not paying the plaintiff employee for his unused vacation and compensation time upon the plaintiff leaving the defendant's employ to be "arbitrary and unreasonable.` Id. The court notes that "one of the inducements for the plaintiff to leave his employment and to come to work for [the defendants] vas the premise of three weeks vacation. The court finds it unreasonable Ibr the defendants to expect the plaintiff to work the hours he did without any expectation of compensation in the forth of vacation pay and compensation time." Id. The present case is analogous to 13tdhr and Lloyd. 'I'hc agreement between the parties in the present case provided that the plaintiff would be paid an additional incentive bonus if [ i • • the projects under his management '.erc completed on time and on budget. While performing his duties under the contact. the plaintiff presumably relied on this incentive bonus provision. just as the plaintiff in Butler relied on her employer's assurances that she would be compensated for her additional Nvorl: and the plaintiff in Lloyd relied on his employer's assurances regarding paid vacation time. The defendants' failure to pay the incentive bonus despite the plaintiff's efforts to provide the defendants with a valuable service, the completion of construction projects on time and on budget, could support a finding by the court of bad faith, arbitrariness and unreasonableness and therefore could support an award of double damages, costs and reasonable attorney's fees. The court finds that the plaintiff is entitled to double damages, costs and attorneys fees pursuant to General Statutes § 31-71 a(3) and § 31-72. Judgment may, therefore, enter for the plaintiff as follows: I. Agreed upon bonus $28,600 X2 $57.200.00 2. Costs $ 489.68 3. Attorney Fees , $ 2.41 500 TOTAL AMOUNT $60.104.68 THE COURT DOCKET NO.: C\' -09-5005082-S : SUPERIOR COUR. WAY\E RICHARD : JUDIC'I.-\I. DISTRICT OF \\ I\D}I;\\I \ S, : Al PUTNAMI v11CI-IAEL I3ARRETT cl/b/a BARRE'IT : FEBRUARY 3, 2010 COMPANY: BARRETT COMIPA\1' INC. CERTIFICATION I hereby certify that's copy of the Order and Memorandum of Decision in the above - captioned natter was sent first class mail postage prepaid on February 3. 2010 to the 101 lowing: Michael Barrett 325 Deerfield Road Camp Hill PA 1701 1-8437 Barrett Company Inc. 419 South 18`x' Street Camp Hill PA I701 1 � r Kathleen M. Cerrone Commissioner of the Superior Col IN Wayne Richard 202 South Main St Putnam, CT 06260 Phone; 860.481.1685 Plaintiff In Pro Per Wayne Richard IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Case No, Plaintiff, vs, ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT Michael Barrett dlb/a Barrett Company And Barrett Company, Inc, Defendants, COMES NOW, Plaintiff in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT: 1) THAT judgment was awarded by this court on or about January 29, 2010, 2) THAT Plaintiff was awarded against Defendant the sum of $60,104.68 3) THAT Plaintiff, to date, has received from Defendant a total of $0,00 4) THAT there remains due and owing a balance of $60,104.68, plus statutory interest and court costs. 5) THAT the judgment creditor of record is Wayne Richard. 6) THAT the judgment debtors of record are Michael Barrett d/b/a Barrett Company and Barrett Company, Inc. 7) THAT in exchange for valuable consideration, receipt and sufficiency of which are hereby acknowledged, 1, the Judgment Creditor of Record, do hereby grant and convey all rights, title, and ownership of said judgment to: John T. Logston of Keystone Litigation Recovery Services P.O. Box 4134 47 North Main Street, Lower Level Washington, PA 15301 PhorieN866) 700.3939 ai� /rte Wayne l• and Judgment Creditor NOTARY PUBLIC; Subscribed and Sworn before me this v C0 day of ,Lt , 2010 at :��i �\ a.ti_ Connecticut. SARA ..f, SE!IES' NOTARY PUB! n 19.V ,r n; n: p EXHIBIT l fN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON D/B/A KEYSTONE LITIGATION RECOVERY SERVICES AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiffs -v- MICHAEL BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants CIVIL TERM No. 10-5281 ORDER OF COURT And now this 1i:Pqday of � , 2010; upon Motion of Plaintiff/Assignee and agreement of Defendant it is hereby ordered: I) Defendant shall authorize Plaintiff to debit a minimum of $1,000.00 per month from a checking account of his choosing; commencing on December 1, 2010 and continuing for a period of Sixteen (16) months and a minimum of $500.00 on the first of the Seventeenth (17th) month until a total of $16,500,00 has been paid. 2) Upon completion of the above captioned payment schedule; Plaintiff agrees to enter satisfaction of the judgment within thirty (30) days. 3) A Stay of Execution is hereby entered. 4) All liens of the judgment will remain in. full force during the pendency of this payment schedule. In the event of default by the Defendant; Plaintiff shall be entitled to all rights under the original judgment upon petition to the court to vacate this order. Both partics having reviewed the terms of this agreed order; hereby consent to adoption and entry by the Court. T. Logston • ./a /keystone Litigation Recovery Services Michael Barrett By the Court, NOTICE OF PRESENTMENT OF PETITION Please take notice that the within Motion has been filed with the Prothonotary of Cumberland County, Pennsylvania pursuant to Local Rule 4001-1. Any answer or response to this petition should be copied to the plaintiff/ assignee and filed with the Court Administrator. February 14, 2012 CERTIFICATE OF SERVICE 1 hereby certify that I have this day caused to be served a true and correct copy of this MOTION AND PROPOSED ORDER VACATING ORDER OF COURT DUE TO DEFAULT upon the following parties: February 14, 2012 VIA REGULAR MAIL Michael Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055-6059 As Defendant and Judgment Debtor Barrett Company, Inc. PO Box 219 Camp Hill, PA 17001-0219 As Defendant and Judi ent Debtor T. Logston, P E. Livingston Avenue lumbus, OH 43205 (888)855-4503 No. 10-5281 Civil Term MOVANT' S STATEMENT OF PRIOR ORDERS OF COURT ISSUED IN THIS MATTER PURSUANT TO LOCAL RULE 208.3(a)(2) On September 28, 2010; The Honorable M.L. Ebert, Jr issued an Order Of Court enjoining the transfer of disposition of assets belonging to the Defendant(s) and scheduling a Hearing on the petition of Judgment Creditor seeking Supplemental Relief In Aid Of Execution. On November 18, 2010; The Honorable M.L. Ebert, Jr. issued an Order Of Court settling the judgment and setting up repayment terms. This order is the subject of this motion to vacate. 2 No. 10-5281 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES, AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiffs and Judgment Creditors, v. MICHAEL BARRETT d/b/a BARRET COMPANY and BARRETT COMPANY, INC. Defendant and Judgment Debtor. CIVIL TERM No. 10-5281 MOTION Now comes John T. Logston representing himself as pro se, to request this honorable court to grant the proposed order vacating the prior order of court dated November 18th, 2010 due to default of the terms of the agreed order. In support of this Motion; plaintiff asserts the following: 1. On January 29, 2010; a judgment was awarded in the Superior Court of Connecticut, Windham Judicial District in the amount of $60,104.68 plus costs and statutory interest in favor of plaintiff Wayne Richard and against defendants Michael Barrett d/b/a Barrett Company and Barrett Company, Inc. under docket number WWM-CV09-5005082-S. 2. On August 12, 2010; a certified and exemplified copy of the judgment was recorded with the Prothonotary of Cumberland County under docket number 10-5281 Civil Term.. 3. On August 12, 2010; Assignment of Judgment was recorded with the Prothonotary of Cumberland County; transferring ownership of the judgment from Wayne Richard to John T. Logston d/b/a Keystone Litigation Recovery Services. 4. Keystone Litigation Recovery Services is a Fictitious Business of John T. Logston; registered with the Secretary of State of the Commonwealth of Pennsylvania. 5. On November 18' 2010; Plaintiff/Assignee and Defendant(s) entered into an agreed Order Of Court settling the amount of judgment to $16,500.00; payable in the amount of $1,000.00 per month to be debited from a checking account of the defendant's choice 3 No. 10-5281 Civil Tenn until the balance was paid in full. The Order Of Court was adopted by The Honorable M. L. Ebert, Jr. Exhibit A 6. On January 1, 2012; Defendant's payment was partially returned in the amount of $500.00 due to insufficient funds in the account provided by the defendant. Defendant was warned of the ramifications of default and did replace the payment on January 24, 2012. Exhibit B 7. On February 1, 2012; Defendant's payment was again returned by his bank with notice that the account was closed. Exhibit C 8. Defendant has breached the Order Of Court by failing to maintain a checking account for payments to be debited from on a monthly basis. 9. Further; Defendant has breached the Order of Court by failing to make monthly payments as agreed and ordered. 10. There remains due under the Agreed Order an unpaid balance of $2,000.00 11. Plaintiff / Assignee is entitled to reinstatement of the original judgment due to default in accordance with Item 5 of the Order Of Court. 12. There remains due and owing as of the date of this motion a balance of $61,538.86 as follows: $58,285.48 principal, $211.70 statutory interest at the rate of 6.000% and court costs of $626.68 and attorney fees of $2,415.00. Wherefore, Judgment Creditor requests this honorable court to grant the proposed Order of Court or alternatively issue a Rule To Show Cause Why the Order Of Court should not be vacated. Dated: February 14, 2012 4 Respectfully Submi n 400 4,J *j i .► ohn T. Logston D/B/A Keystone Litigation Recovery Services Pro Se 1567 East Livingston Avenue Columbus, OH 43205 Tel: (888)855-4503 Fax: (614)670-8689 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON DB/A KEYSTONE LITIGATION RECOVERY SERVICES AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD CIVIL TERM No. 10-5281 Plaintiffs -v- MICHAEL BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants ORDER OF COURT And now this day of , 2010; Plaintiff's Motion to Vacate the prior Order Of Court in this matter dated November 18, 2010 by the Honorable M.L.Ebert, Jr is hereby GRANTED. 1) The Order Of Court dated November 18, 2010 in this matter is hereby VACATED. 2) The Original Judgment is hereby reinstated; subject to all payments received. 3) The Stay Of Execution in this matter is lifted and Judgment Creditor is hereby authorized to execute said judgment in accordance with the Pennsylvania Rules Of Civil Procedure. 4) All other Orders Of Court shall remain in full force. IT IS SO ORDERED. JUDGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON D/B/A KEYSTONE LITIGATION RECOVERY SERVicES AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiffs -v- MICHAEL BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants CIVIL TERM No. 10-5281 ORDER OF COURT And now this Le Lday of 1 . , 2010; upon Motion of Plaintiff/Assignee and agreement of Defendant it is hereby ordered: I) Defendant shall authorize Plaintiff to debit a minimum of $1,000.00 per month from a checking account of his choosing; commencing on December 1, 2010 and continuing for a period of Sixteen (16) months and a minimum of $500.00 on the first of the Seventeenth (17i°) month until a total of $16,500.00 has been paid. 2) Upon completion of the above captioned payment schedule; Plaintiff agrees to enter satisfaction of the judgment within thirty (30) days. 3) A Stay of Execution ishereby entered. 4) All liens of the judgment will remain in full force during the pendency of this payment schedule. 5) In the event of default by the Defendant; Plaintiff shall be entitled to all rights under the original judgment upon petition to the court to vacate this order. Both parties having reviewed the terms of this agreed order; hereby consent to adoption and entry by the Court, r]p 7,Frir 1 T. Logston ' ./a Michael Barrett eystone Litigation Recovery Services By the Court, Z�eh/r. L.rt, Jr., 4 I Y1k18,r (. January 19, 2012 "'.""""l KEYSTONE LITIGATION RECOVERY SERVICES Mr. Michael Barrett BARRETT COMPANY, INC. P.O. BOX 219 CAMP HILL, PA 17011 SENIOR MEMBER: National Judgment Network MODERATOR: PA & OHIO REGIONS IN RE: KEYSTONE LITIGATION RECOVERY SERVICES JUDGMENT ASSIGNEE FOR: WAYNE RICHARD -vs- BARRETT COMPANY INC. ET AL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DOCKET NO. 10 -5281 -CIVIL JUDGE M. L. EBERT, JR Dear Mr. Barrett: On January 1, 2012; we present a demand draft to your bank account at AmeriChoice Federal Credit Union in accordance with the Order Of Court dated November 18th, 2010 in the above captioned matter in the amount of $500.00. The payment was returned by your bank for NSF. A returned item fee in the amount of $30.00 has been added to your balance due in accordance with the debit agreement executed in this matter. Your payment of $530.00 (certified check or money order only) must reach our office at the address below within 5 business days to avoid further action on our part. If payment is not made; we will petition the Court for an Order Vacating the Order Of Court dated November 18, 2010 and reinstating the original judgment; including costs and statutory interest. We reserve the right to act upon this notice at anytime during the pendency of this case without additional notice. If you have any questions regarding this request; please feel free to contact me directly at (888)855-4503. Sincerely o T. s gston Certified Judgment Enforcement Specialist (N.IN) Assignee and Judgment Creditor (866)700-3939 extension 101. (412)223-4227 Fax J ohni.KeystoneLitigation.com DISCLAIMER: We are not attorneys and no information contained in this Communication should be oonsidar d legal advise. No client relationship will be emoted by any agreements executed. Please consult with your attorney before signing any doamrmts. 1567 East Livingston Avenue Columbus, Ohio 43205 (888}855.4503 TOLL FREE www.KEYSTONELJTIGATION,com g61/1.6i-re-1 • *011100461* 01/11/0012 61,82645021. TM. N Y LEGAL COPY d d i ame Ypu mn A voyrwomuld UO4 l s o r+N 4Modk. RETURN REASON - A NOT SUFFICIENT FUNDS DO NOT REDEPOSff rmm NSF._ .../MV •..1I.V•AM•11.St a Fa Ng arr ".� Ir14.11.1.r.ur111r e10301 elna MO{141wM11 tanto www 111111111111010 & llO1k1F { i, 091111►146eor •4t:ia►31Ieaflo 4111.011,02.14P 112000050000, NSF r 5 28 L L 228 20r 1,i: 23 &3822157i: L3844LO L FIM 1 00000 50000, &I/i&(( f2a *01111104111* 02/08/2033 19]36216771 T113 Iz a LEGAL COPY of your ateok. You cart ua6 t the fern w w you would u 4ia ortgiral chest. RETURN REASON - >a CLO!Eb ACCCIUNT 'I. BO20.u' CLOSED ACCOUNT .I 'J'� INt AI YIIEA�S AnTeThil argli +OR` lROPIAT a•!JD Mks zfraiduktimmerfaii 1w: sa1�1 w� 1 1 41110106* PiaLiat.oaabloI ' &IVA kRaaT 41:aiI!?a_ I. 3Al..1. Lr"b Li_ to II bI run i einnriri a JOHN T. LOGSTON, D/B/A : IN THE COURT OF COMMON PLEAS OF KEYSTONE LITIGATION RECOVERY : CUMBERLAND COUNTY, PENNSYLVANIA SERVICES, AS JUDGMENT ASSIGNEE : c7 r., c-, FOR: WAYNE RICHARD, `�' Plaintiffs mm : :, a. m?, ri V. �>ccJ t Z --C7 :74 MICHAEL BARRETT, D/B/A BARRETT : > n -1, �'� z C, COMPANY AND BARRETT : x.::',.- co? COMPANY, INC. = C..) Defendants DOCKET NO.: 10-5281 CIVIL r\'' DEFENDANT'S ANSWER TO MOTION TO VACATE AND NEW MATTER AND NOW comes Michael Barrett d/b/a Barrett Company and Barrett Company, Inc. represented by Vincent M. Monfredo, Esquire, and answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant is without sufficient information to admit or deny this and therefore it is denied. 5. Admitted. 6. Admitted. By way of further answer, Plaintiff emailed Defendant and alerted him of the notice of non -sufficient funds on or about January 21, 2012. Defendant then emailed Plaintiff January 23, 2012 and told him that he had placed the payment in the mail. On January 24, 2012 the Plaintiff confirmed receipt of the payment and asked "Will the February 1 payment be good?" (Exhibit A). 7. Denied. Strict proof of the same is demanded at trial. ALL-STATE LEGAL® EXHIBIT t 8. Denied. Conclusion of law. The statement that Defendant has breached the Order of Court is a conclusion of law and requires no answer. By way of further answer it is denied and strict proof of the same is demanded at trial. By way of further answer, Defendant was unaware his checking account had been closed after the non -sufficient funds incident of January 1, 2012. In fact, when Defendant checked his account online it showed a positive balance of over $1,500.00. Further, Defendant visited the bank in person to make another deposit, which he later learned was deposited into a savings account and not the closed checking account. Lastly, Defendant received no further notice from Defendant that Defendant was unable to collect from his checking account and would have make the payment by money order if he knew his checking account had been closed. 9. Denied. Conclusion of law. The statement that Defendant has breached the Order of Court is a conclusion of law and requires no answer. By way of further answer please see the answer to statement number eight (8). 10. Admitted. By way of further answer Plaintiff has the funds to cover the remaining balance of $2,000.00 and would be willing to pay this amount as soon as possible. 11. Denied. Conclusion of law that requires no further answer but is denied and strict proof the same is demanded at trial. By way of further answer, Defendant made over twenty successful payments and would have completed payments if not for being unaware that his checking account had been closed. Further, sometime in March of 2011 the Plaintiff stopped consistently taking $1,000.00 payments and withdrew bimonthly on an inconsistent basis. Again, Defendant was unaware that the non -sufficient funds on January 1, 2012 caused his checking account to be closed and though that on February 1, 2012 his checking account had a positive balance. 12. Denied. Conclusion of law that requires no further answer but is denied and strict proof the same is demanded at trial. WHEREFORE, it is respectfully requested that this Honorable Court DENY the Plaintiffs Motion and allow Defendant to pay the balance of $2,000.00. NEW MATTER 13. Previous paragraphs are incorporated herein as if fully set forth. 14. The agreement entered into by the parties falls under the doctrine of impracticability. 15. Plaintiff was authorized to debit a minimum of $ 1,000 per month for sixteen (16) months until the balance of $16,500.00 was paid off. 16. This language authorized Plaintiff to debit more than $1,000 per month if he wanted. 17. Plaintiff could have withdrawn the full amount of $16,500.00 in one month and if the Defendant did not cover the balance he would have been in breach of the order. 18. In fact, Plaintiff did debit more than $1,000 from Defendant's account on multiple calendar months. 19. Defendant does not seek to excuse performance but does argue that he never breached the contract and seeks to pay the remaining balance of $2,000.00 as soon as accepted by Plaintiff. WHEREFORE, it is respectfully requested that this Honorable Court DENY the Plaintiff's Motion and allow Defendant to pay the balance of $2,000.00. Date: 3-'2 ?'r 2, Respectfully Submitted, Rominger & Associates Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #206671 Attorney for Defendants VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: - 1 •2__ ichael Barrett, Defendant RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Page 1 of 2 From: john <john@keystonelitigation.com> To: mbarrettcompany <mbarrettcompany@aoi.com> Subject: RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Date: Tue, Jan 24, 2012 10:28 am We received it today. Will the February 1 payment be good? John T. Logston Certified Judgment Enforcement Specialist National Judgment Network - Moderator (PA & OH Regions) KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, Ohio 43205 888-855-4503 - Nationwide Toll Free (216)452-1772 - Ohio Office (412)223-4227 FAX www.KeystoneLiticiation.com This email and any files transmitted with It are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to it or calling (866)700-3939. This email contains confidential Information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Original Message Subject: Re: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN From: mbarrettcompany0aol.com Date: Mon, January 23, 2012 3;56 pm To: iohn@kevstonelitiaation.com John I sent via post mail afternoon tomm the 500.00 payment Thanks Sent via BlackBerry by AT&T From: <iohn(kevstonelitigation.com> Date: Sat, 21 Jan 2012 06:35:35 -0700 To: Michael Barrett<mbarrettcompanyaaol,com> Subject: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Mr. Barrett: Your partial payment in the amount of $500 on January 1, 2012 was returned by your bank for non -sufficient funds. Please remember that this payment was in accordance with an Order Of Court issued by the Cumberland County Court of Common Pleas. If the order is vacated due to non-payment; the entire balance of the judgment including costs and statutory interest would become immediately due and enforceable upon order of court. Please contact me within 5 days to make arrangements to settle this issue. You may forward a certified bank check or money order to the address listed below as well. Sincerely, John T. Logston E F Wit,-�4 http://mai l.aol.com/35363-112/aol-6/en-us/mail/PrintMessage.aspx 1/25/2012 RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Page 2 of 2 Certified Judgment Enforcement Specialist National Judgment Network - Moderator (PA & OH Regions) KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, Ohio 43205 888-855-4503 - Nationwide Toll Free (216)452-1772 - Ohio Office (412)223-4227 FAX www.KevstoneLitiaation.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender Immediately by replying to it or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender Immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. http://mail.aol.com/35363-112/ao1-6/en-us/mail/PrintMessage.aspx 1/25/2012 . RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Page 1 of 3 From: john <john@keystonelitigation.com> To: Michael Barrett <mbarrettcompany@aol.com> Subject; RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Date: Tue, Jan 24, 2012 12:55 pm Ok, Thats fine. We will process the 2/1/12 payment as normal. John T. Logston Certified Judgment Enforcement Specialist National Judgment Network - Moderator (PA & OH Regions) KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, Ohio 43205 888-855-4503 - Nationwide Toll Free (216)452-1772 - Ohio Office (412)223-4227 FAX www.KeystoneLitiaation.com This email and any files transmitted with it are confidential and intended solely for the use of the Individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to It or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Original Message - Subject: Re: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN From: Michael Barrett <mt arrettcompanvOaol.com> Date: Tue, January 24, 2012 10:51 am To: ioh.ni kevstonelitiaation.com Yes I will mail to you the 30.00 if that is ok Michael Barrett ----Original Message ---- From: john <johnAkeystonetitigation.com> To: mbarrettcompany <mbarrettcomoanyaaol.com> Sent: Tue, Jan 24, 2012 10:28 am Subject: RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN We received it today. Will the February 1 payment be good? John T. Logston Certified Judgment Enforcement Specialist National Judgment Network - Moderator (PA & OH Regions) KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, Ohio 43205 888-855-4503 - Nationwide Toll Free (216)452-1772 - Ohio Office (412)223-4227 FAX www.KeystoneLitigation.com http://mail.aol.com/35363-112/ao1-6/en-us/mail/PrintMessage.aspx 1/25/2012 'RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Page 2 of 3 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to it or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Original Message Subject: Re: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN From: mbarrettcompany0aol.com Date: Mon, January 23, 2012 3:56 pm To: john@kevstonelitidation.com John I sent via post mail afternoon tomm the 500.00 payment Thanks Sent via BlackBerry by AT&T From: <johnekevstonelitiaation.com> Date: Sat, 21 Jan 2012 06:35:35 -0700 To: Michael Barrett<mbarrettcomoany(alaol.com> Subject: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Mr. Barrett: Your partial payment in the amount of $500 on January 1, 2012 was returned by your bank for non -sufficient funds. Please remember that this payment was In accordance with an Order Of Court issued by the Cumberland County Court of Common Pleas. If the order Is vacated due to non-payment; the entire balance of the judgment Including costs and statutory interest would become immediately due and enforceable upon order of court. Please contact me within 5 days to make arrangements to settle this issue. You may forward a certified bank check or money order to the address listed below as well. Sincerely, John T. Logston Certified Judgment Enforcement Specialist National Judgment Network - Moderator (PA & 01-I Regions) KEYSTONE LITIGATION RECOVERY SERVICES 1567 East Livingston Avenue Columbus, Ohio 43205 888-855-4503 - Nationwide Toll Free (216)452-1772 - Ohio Office (412)223-4227 FAX www.KevstoneLitioation.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to it or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if http://mail.aol.com/35363-112/aol-6/en-us/mail/PrintMessage.aspx 1/25/2012 , RE: RETURNED PAYMENT - COURT ORDERED PAYMENT PLAN Page 3 of 3 you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. http://mail.aol.com/35363-112/ao1-6/en-us/mail/PrintMessage.aspx 1/25/2012 JOHN T. LONGSTON d/b/a : IN THE COURT OF COMMON PLEAS OF KEYSTONE LITIGATION RECOVERY : CUMBERLAND COUNTY, PENNSYLVANIA SERVICES, as judgment assignee : for Wayne Richard, Plaintiff V : 10-5281 CIVIL TERM MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, INC., Defendant IN RE: MOTION TO VACATE PREVIOUS ORDER ORDER OF COURT AND NOW, this 6th day of June, 2012, this being the time and place set for a hearing on Plaintiff's Motion to Vacate the prior Order of Court dated November 18, 2010, and the plaintiff having failed to appear after notice, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion to Vacate is dismissed with prejudice. ✓John T. Logston, Plaintiff P.O. Box 4134 Washington, Pa. 15301 V Vincent Monfredo, Esquire For the Defendant :mtf 4cs /W4 . (,ed 4//Sa- t By the Court, M. ::.\.1E1:1`. -1.J01%'/. EXHIBIT %.° • r- 4 1 C r OD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES, judgment assignee of Wayne Richard Plaintiff vs. MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, INC. Defendants No. 10-5281 CIVIL ACTION or) L 7u .- C -;c PRAECIPE TO ASSIGN JUDGMENT TO THE PROTHONOTARY: For value received, on June 21, 2013, Plaintiff John T. Logston d/b/a Keystone Litigation Recovery Services, judgment assignee of Wayne Richard, sold, transferred, set over and assigned all of its right, title and interest' in the judgment, debt, interest and costs in the above -captioned matter to Wayne Richard pursuant to the Acknowledgment of Assignment of Judgment attached hereto as Exhibit "A." Accordingly, the proper legal Plaintiff in this matter is now Wayne Richard, 202 South Main Street, Putnam, CT 06260 and we ask that the docket be marked accordingly. AMATO KEATING AND LESSA, P.C, By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff Wayne Richard 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM JOHN T. LOGS TON DtB/A KEYSTONE LITIGATION RECOVERY SERVICES JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiff, -versus- MICHAEL BARRETT et. Al. Case No 10-5281 ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT NOW THIS 21'1 DAY OF JUNE 2013 AT COLUMBUS, FRANKLIN COUNTY, OHIOCOMES, JOHN T. LOGSTON, assigaee in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT: 1) THAT Judgment was entered by this court on or about 01/29/2010 2) THAT Plaintiff was awarded against Defendant the sum of $60,104.68 plus interest at the statutory rate of 6.000% plus costs. 3) THAT on November 18, 2010; Plaintiff and Defendant entered into an Agreed Order of Court reducing the recoverable amount of the judgment to $16,500.00 to be paid in monthly installments of $1,000.00. 4) THAT there have been no renewals since the entry of said judgment or agreed order of court and the Plaintiff has received $14,500.00 of judgment from Defendant. 5) THAT there remains due and owing under the terms of the agreed Court Order $2,000.00 6) THAT Plaintiff is the Judgment Creditor of record. 7) THAT this judgment was previously assigned to Plaintiff from Wayne Richard. 8) THAT in exchange for valuable consideration, receipt and sufficiency of which are hereby acknowledged, , the judgment creditor of record, do hereby grant and convey all rights, title and ownership of said judgment back to: Wayne Richard 202 South Main Street Putnam, CT 06260 7) THAT I hereby authorize Assignee/Original Judgment Creditor, Wayne Richard to recover, compromise, settle and enforce said judgment and I withdraw all rights and claims to same. r r HN T. tGS 'ON D/B/A YSTONE L IGATION RECOVERY SERVICES Witness COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD Plaintiff No. 10-5281 vs. MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, CIVIL ACTION INC. Defendants ORDER AND NOW, this 1 � day of 3 t y , 2014, upon consideration of Plaintiff's Petition to Vacate Order of Court Dated June 6, 2012, and Defendants' response thereto, it is hereby ORDERED that said Petition is GRANTED. It is FURTHER ORDERED that the Order of Court dated June 6, 2012 in this matter is VACATED. Co 1 'cc 112w tccC. Ary /32 .U 020/41Erlo "Mai .601 \ut4 ( J. CD m r r =-=, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD Plaintiff No. 10-5281 VS. MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, CIVIL ACTION INC. Zp �--m - N ;ID C7 -CD r -, <c) c,-1 CDfi Defendants PLAINTIFF'S SECOND PETITION TO VACATE ORDER The above Plaintiff, by and through counsel, Amato Keating and Lessa, P.C., files the within Petition to Vacate Order and in support thereof avers the following: 1. On or about January 29, 2010, Plaintiff obtained a judgment in his favor and against Defendants in the Superior Court of Connecticut, as set forth in the Order and Memorandum attached hereto, made part hereof and marked Exhibit "A." 2. Subsequently, Plaintiff assigned its right, title and interest in the Connecticut judgment to a third party, John T. Logston d/b/a Keystone Litigation Recovery Services ("Logston"), for collection purposes, as set forth in the Acknowledgment and Assignment of Judgment attached hereto, made part hereof and marked Exhibit "B." 3. The assigned judgment was transferred to this Court to the above docket number on August 12, 2010 with Logston as the Plaintiff. 4. Thereafter, Logston engaged Defendants in settlement negotiations which resulted in the entry of an Order of this Court dated November 18, 2010 ("2010 Order"), a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "C." 5. According to the Order, execution on the judgment was stayed in exchange for Defendants' promise to make certain payments as set forth in paragraph 1 thereof. 6. However, Defendants breached the terms of the settlement by failing to make said payments when due. 7. The Order also provides that in the event of a default in the payment terms by Defendants, then Logston was entitled to petition this Court to vacate said Order. 8. On February 14, 2012, prior to the assignment of the judgment back to Plaintiff, Logston filed a Motion with this Court seeking to vacate the 2010 Order, a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "D." 9. However, the docket reflects that Logston failed to appear for oral argument on said Motion and the Court entered an Ordered dated June 6, 2012 dismissing Logston's Motion with prejudice ("2012 Order"), a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "E." 10. On October 28, 2013, Plaintiff filed a Praecipe with this Court to assign the judgment back to him from Logston, as set forth in the Praecipe attached hereto, made part hereof and marked Exhibit "F." 11. By virtue of said assignment, Plaintiff re -acquired legal title to said judgment. 12. On July 10, 2014, Plaintiff filed a Motion to vacate the 2012 Order, which was granted by an Order dated the same date ("2014 Order"), a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "G." 13. By virtue of Defendants' breach of the payment terms set forth in the 2010 Order, and by virtue of the 2014 Order vacating the 2012 Order, Plaintiff hereby petitions this Court to vacate the 2010 Order, thereby permitting Plaintiff to execute upon the underlying judgment. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order vacating the prior Order of Court dated November 18, 2010 staying execution on the judgment. AMATO KEATING AND LES SA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD Plaintiff vs. MICHAEL BARRETT d/b/a BARRETT : No. No 10-5281 COMPANY and BARRETT COMPANY, INC. : : CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Second Petition to Vacate Order was served via first class mail, postage prepaid on July 23, 2014, upon: Vincent Monfredo, Esq. 5000 Ritter Rd., Suite 202 Mechanicsburg, PA 17055 AMATO K ATING AND LESSA, P.C. By: 3,._,_ Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM DOCKET NO: WWMCV0950050S2S SUPERIOR COURT RICHARD. WAYNE V. BARRETT. MICHAEL ET AL ORDER ORDER 422680 JUDICIAL DISTRICT OF WINDHAM • AT PUTNAM 19'2010 ORDER REGARDING: 11.'30119 110.00 N1OTION FOR JUDGMENT Copy of Mernodec sent to Atty of Record. The foregoing, having been considered by the Court, is hereby: ORDER: GRANTED Judgment enters for the Plaintiff against the Defendants in the amount of S60,104.68. See Memodec fill 1.00. WWMC V0950050825 1129,2010 422680 Judge: MICHAEL E RILEY Processed by: Debora Neary Page 1 of ! • • FILE • JAN 2 9 MO SUPERIOR COURT JUDICIAL DIS RIC7 or WINDHAM DOCKET NO. CV09-5005032S SUPERIOR COURT WAYNE RICHARD ID. OF WINDHAM VS. AT WILLIMANT1C MICHAEL BARRETT, JANUARY 29, 2010 BARRETT CO., INC. MEMORANDUM OF DECISION RE: MOTION FOR JUDGMENT The plaintiff -in the instant matter was hired by the defendants as a construction superintendent pursuant to an employment contract in 2006. The contract provided for a bonus to be paid to the plaintiff at the end of the contract in the amount of twenty-five (25%) per cent of his total salary/wages paid ($1,000 per week). Although the plaintiff was paid his weekly salary/wages, he was never paid the bonus at the end of the contract in the amount of S28,600. The defendants were defaulted for failure to appear on Octoher 6, 2009. A hearing in damages was held before the court on November 30, 2009. The plaintiff is claiming that he is entitled to double damages, costs and attorneys fees pursuant to General Stature j 31-72 duc to the defendant's failure to pay the agreed upon bonus. On July 7. 2009, the plaintiff. Wayne Richard, filed a four count complaint against the defendants. Michael Barrett, doing business as Barrett Company, and 13arrett Company, hlc. The complaint alleges the following !'acts. The parties entered into an employment agreement N f , Cert '•D f t a oJ� • a L 10 on or about February 6, 2006, whereby the plaintiff agreed to do work for the defendants as a construction superintendent and protect manager in exchange for compensation according to the agreement between the parties, On or about July, 2008, the defendants breached the employment agreement by failing, refusing andior neg:ecting to pay wages to the plaintiff in the amount of 528,600, the Incentis bonus that was agreed upon if projects the plaintiff managed were completed on time and on budget. The plaintiff further alleges that due to the defendants' failure to pay the incentive bonus to the plaintiff, pursuant to j 31-72, the plaintiff is entitled to twice the full amount of the unpaid wages plus costs and reasonable attorney's fees. - On October 6, 2009, the court granted the plaintiffs motion for a default to be entered against the defendants for failure to appear. The case proceeded to a hearing in damages to the court on November 30, 2009. General Statutes § 31-72 provides in relevant part: "When any employer ('ails to pay an employee wages in accordance with the provisions of section's 31-712 to 31-71i, inclusive, or fails to compensate an employee in accordance Nv th section 31-76k ... such employee ... may recover, in a civil action, twice the full amount of such wages; with costs and such reasonable attorney's fees as rhay be allowed by the court, and any agreement between him and his employer for payment of vn^es other than as specified in said sections shall be no defense to such nction... General Statutes ' 3 I.71u (.3) provides in relevant part: "'W'ages' means compensation for labor or scry ices readcred by on employee, whether the amount is determined on a tipper task. piece, commission or other bask of calculation ... . "[Title legislative history from when ` 31.71a (3) was enacted ... is silent about whether a bonus constitutes a wage.•" Weems v. Cirigroul,, Inc., 289 Conn, 769. 780, 961 ,\.2d 349 (2008). The Connecticut Supreme Coutt, relying on a New York case, TrtwIUve v. Northeast Copilot & Advisory, Inc., 95 N.Y.2d 220. 738 N.L.2d 770, 715 N.Y.S.2d 366 (2000),1 has held that "bonuses that are awarded solely on a discretionary basis, r,;id arc not linked solely to the ascertainable efforts ofthe particular employee, arc not wages under S 31- 71a (3)." Weems v. Citigr nrp, Inc., :supra, 752. The Weems court noted that, in T,•uelot,e, "[t]he court concluded that the plaintiffs bonus was not subject to the wage statutes because it was not a wage, as defined by N. Y. Labor Law § 190 (1) (McKinney 2002), which is similar to § 31.71a (3),, in that it defines wages, in relevant part, as 'the earnings often employeeff n lobos or services rendered, regardless of whether the amount of earnings is determined on a time; piece, commission or other basis....' (Emphasis added.) The court emphasized that the terms of the [firm's] bonus compensation plan did not predicate bonus paymcnts.upon [the employee's] own personal productivity nor give [the employee] a contractual right to bonus payments based upon his productivity. To the contrary; the declaration of a bonus pool was dependent solely upon his employer's overall financial success. In addition, [the employee's] share in the bonus pool was In Truelove, "the plaintif2 hrou;;lu an action against his former employer to recover the unpaid balance of a.prolit sharing tonus.... The distribution of the bonus was subject to the chief executive officer's sole discretion; with the payments contingent on the recipient's, continued employment with the firm.... Alter the plaintiff had resigned from the lien:. the firm refused to make any further bonus payments_ and the plaintiff brought an action elaimrn_ that the firm had violated New York's wage statutes by foiling to pay him." (Cita:nor.s omitted.) f6'eenis v. Citi ,ou1i, supra. 2S) Conn. 780. • • entirely discretionary and subject to the non -reviewable determination or his employer... Thus, the court concluded that the wording of the statute, in expressly linking earnings to an employees labor or services personally rendered, contemplates a more direct relationship between an employee's o+vn performance and the compensation to which that employee k entitled. Discretionary additional remuneration, as a share iu a reward to all employees for the success of the employer's entrepreneurship, Galls outside the protection of the statute " (Citation omitted; internal quotation marks omitted.) Id., 780-81. . In Weems, the plaintiffs were a class of former employees of the defendants who claimed, inter alfa, that the forfeiture provisions of three different capital accumulation plans that the defendants offered to their employees violated Connecticut's wage statutes because the provisions "enable the defendants to withhold accrued wages, including bonuses, from their employees." Id.: 772. Applying the rationale articulated in Trtrelove, the court in Weems held that the unpaid regular and branch manager bonuses at issue were not wages subject to Connecticut's twee statutes because the bonus awards were "tied to subjective factors such as diversity within a b anch, and the profitability of the 1�=u ocular bran:. which are factors nor entirely predictable or within the control of the specific employee. Id.. 782. The present case is distinguishable from Weems. The Appellate Court's opinion in Zioros v. Reardon Law Firm. P.C.. 1 I 1 Conn. App. 2S7, 959 A.2d 1013 (20081, cert. granted. 290 Conn. 903, 962 ,4.2d 796 (2009), supports the plainti( is argument that some bonuses 111 he considered wages under ; 31-71a (31. In /_inrwr.s, the plaintiff!'rnt: l)t action against his former employer, the defendam law tiro;, alleging breach of contract and visitation of 31.72 due to the defendant's failure to pay a bonus to the plaintiff for the calendar year in which the plaintiff left the defendant's employ.. id., 292. The plainti If and defendant executed a tt'ritten employment contract, in February, 1993, which provided that the plaintiff's annual compensation would be based, in part, an eight criteria, incrusting business generation, business productivity and work profitability. Id., 291. Front 1993 through 1997, the amount of the plaintiffs base salary and bonuses increased annually and bonuses were paid to the plaintiff each December. Id., 291-92. The plaintiff left the defendant's firm in October, 1993, and did not receive Itis bonus in December, i 998. id., 292. The Appellate Court concluded that the trial court improperly overruled the plaintiffs objection to the defendant's request to revise the count in the complaint pertaining to an alleged violation of y 31,.72 his "the plaintiff pleaded a valid cause of action for the vroneful withholding of wages." ld.. 313, The court reasoned that if the plaintiff proved his allegations, that the parties' employment contract provided for a bonus that fairly reflected the plaintiff's contribution to the defendant's success and that tete plaintiff contributed to the defendant's success by providing legal services to the defendant's clients and by generating fees, then "the bonus alleged by the plaintiff represented compensation for (his] labor or services. It is not relevant whether the amount of that bonus was calculated on the basis of the number of'hours worked. as a pet c:ntai of the defendant's net income or on some other basis of cateuiation, which may or may not incorporate the efforts of others. The issue instead is whether the terms of the panics' employment agreement, as alleged in the cotnpiaint. • • vested in the plaintiff a right to compensation in the form of'a bonus in exchange fist the sertiices that he had provided ... , (Sjtatutes do not dictate the manner in which wages are calculated.... Instead, courts are to locus on the aereement between the employer and employee." (Citations omitted; internal quotation marks omitted.) Id. Under these facts and circumstances, the Appellate Court concluded that "the honus*could have been classified as wages for purposes of a 31.71a (3)." [d., 313-14. In Edwards v. Edwards Pfli,w.', L1C, Superior Court,, judicial district of New London, Docket No. CV 08 5008054 (,fanua::y l5, 2009, Mcrrtin,.l ), the plaintiff, an employee of the defendant winery, "alleged a wage agreement with the defendants that provided her with a bonus for increasing the winery's productivity and profitability." "Under the plaintiff's direction, the winery's sales increased by 17 percent in 2007.. , . Although the winery's staff was paid a bonus for their success in 2007, the plaintiff did not receive a bonus that year." Id. Applying the principal from Ziolcrs, that rr bonus constitutes a wage if the bonus is "compensation for labor or services personally rendered," the lsdufards court concluded that since the wage agreement provided tt bbnirs in exchange for services rendered, namely, increasing productivity and profitability, the bonus "is properly considered a wage under fi 31-71 a (3)." id. In the present case. the incentive bonus at issue constitutes a wage under § 31-71a (3). The agreement of the parties nrovided that the defendants would pay un incentive bonus to the plaintiff in the amount of twenty five percent "of the gross yearly income paid by [tbc defendants to the plaintiff! on a per project basis for projects completed on t hudect." The incentive bonus was not to be atvardec1 ort a discretionary basis, but was linked solely to the ascertainable cffortsof the plaintiff This provision of the watte agreement provides for a bonus only if the projects that the plainti11 personally managed were completed . on time and at a cost no greater than that budge ted. unlike the bonus compensation plans in Weems or Truelove, in the present case, the payment of the incentive bonus was predicated upon the plaintiffs own personal productivity and gave the plaintiff a contractual right to bonus payments based upon his productivity. The bonus was only payable if the projects managed by the plaintiff were completed on time and on budget. As in Zioras and Edwards, the bonus in the present case represented compensation for a service provided by the plaintiff, namely, managing a construction project in a sway that ensured the project would be completed in a timely and cost effective manner. For the foregoing reasons, the incentive bonus in the present case constitutes a wage under § 31-71a (3). "Although § 31-72 does not set forth a standard by which to determine whether double damages should be awarded in particular cases, it is well established ... that it is appropriate for a plaintiff to recover attorney's tees, and double damages under [§. 31-72], only when the trial co rt has found that the derend nl acted with bad faith,:trbitrariness or unreasonableness." (Internal quotation innrks omitted.) Rol:mu v, Trirun Thalassic Technologies, Inc., 235 Conn. 716. 724, 941 A.2c1 309 (2U0S). The Connecticut Supreme Court affirmed a trial court award of double damages to a plaintiff employee who was not compensated for work c eluding that the defcndar.r employer had acted ir, bad kith. in /hater v. Hartford Technical Istitate. inc.. 243 • • Conn. 454, 704 A.2d 222 (i 997). The trial cowl lhuntl that the plaintiff was expected to work overtime and did so and that the dcl,:ndant made representations to the plaintiff -both before she was hired and during her employment that she would be compensated for her overtime hours. Id., 471. After stibmitting documentation of her overtime hours, the plaintiff was told she would not be paid Cur overtime. Id. The Supreme Court found that "[t]he defendant's requests of [the plaintiff) to work additional hours, his assurances that she would be paid, coupled with his subsequent denial of payment support the trial court's decision to award double damages." Id., 471. "Since the terms bad faith, arbitrariness or unreasonableness, are not defined in [§ 31- 721 the court must look to the facts of the individual case to determine if the actions of the employer constitute such actions." Lloyd v. Keuring, Superior Court, judicial district of Waterb.uy. Docket No. CV 04 4001436 (July 14, 2006, Brunetti, J.). [n Lloyd, the court found the actions of the defendant employer in not paying the plaintiff employee for his Unused vacation and compensation time upon the plaintiff leaving the defendant's employ to be "arbitrary and unreasonable,` Id. The court notes that "one of the inducements for the plaintiff to leave his employment and to come to work for [the defendants] was the promise of three weeks vacation. The court finds it unreasonable for the defendants to expect the plaintiff to work the hours he did «ithout any expectation otcompensation in the form of vacation pay and compensation time." hi. The present case is anatoe.ous to 13t'iler and Lloyd. The agreement between the parties in the present case provided that the plainitil'would be paid an additional incentive bonus if the projects under his management were completed cm time and on budget. While performing his duties under the conte ct...he pI:iintifl prvsumably relied on this incentive bonus provision. just as the plaintiff in Butler relied on her employer's assurances that she would be compensated for her additional work and the plaintiff in I-l0,yd relied on his employer's assurances regarding paid vacation time. The defendants' failure to pay the incentive bonus despite the plaintiff's efforts to provide the defendants with a valuable service, the completion of construction projects on time and on budget, could supporta finding by the court of bad faith, arbitrariness and unreasonableness and therefore could support an award of double damages, costs and reasonable attorney's fees. The court finds that the plaintiff is entitled to double damages, costs and attorneys fees pursuant to General Statutes § 31-71a(3) and § 31-72. Judgment may, therefore, enter for the plaintiff as follows: 1. Agreed upon panus $28,600 X2 $57.200.00 2. Costs S 489.68 3. Attorney lees $ 2.415.00 TOTAL AMOUNT $60,104.68 TI -CE COURT If DOCKET NO.: C'V-09-5005082-S : SUPERIOR COURT I\ %\ \'E RICHARD : JUDICIAL DISTRICT OF IND}IA\I S. : A7• PUTNAM MICHAEL I3ARIUT. T d/b/a 13.Al2RE IT : FEBRUARY 3.2010 COMPANY; BARRETT COAIP:%. INC:. CERTIFICATION hereby certify that.a copy oldie Order and Memorandum of Decision in the above- • captioned matter was sent first class mail postage prepaid on February 3. 201(1 to the following: Michael Barrett 325 Deerfield Road Camp Hill PA I70! 1-5437 Barrett Company Inc. 429 South 18`1' Street Camp Hill PA 17011 Kathleen M. Cerrone Commissioner or the Superior Cot irI Wayne Richard 202 South Main St Putnam, CT 06260 Phone: 860.481.1685 Plaintiff In Pro Per IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Wayne Richard Plaintiff, vs. Michael Barrett Wbla Barrett Company And Barrett Company, Inc. Defendants. Case No, ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT COMES NOW, Plaintiff in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT: 1) THAT judgment was awarded by this court on or about January 29, 2010. 2) THAT Plaintiff was awarded against Defendant the sum of $60,104.68 3) THAT Plaintiff, to date, has received from Defendant a total of $0.00 4) THAT there remains due and owing a balance of $60,104.68, plus statutory interest end court costs. 5) THAT the judgment creditor of record is Wayne Richard. 6) THAT the judgment debtors of record are Michael Barrett dib/a Barrett Company and Barrett Company, Inc. 7) THAT in exchange for valuable consideration, receipt and sufficiency of which are hereby acknowledged, I, the Judgment Creditor of Record, do hereby grant and convey all rights, title, and ownership of said judgment to: John T. Logston of Keystone Litigation Recovery Services P.Q. Box 4134 47 North Main Street, Lower Level Washington, PA 15301 Phoriei866) 700.3939 Wayne Judgment Creditor NOTARY PUBLIC: Subscribed and Sworn before me this ,...3 u day of 4j),-.' \ 2010 at � c� >: ‘,, SARA ..tt�31E°dE'1, INOT4RYPUBLIC V• r.tY C•OMMI TION 7.,"„P!P:._� 2(.,./..P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON D/B/A KEYSTONE LITIGATION RECOVERY SERVICES AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiffs -v. MICHAEL BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants CIVIL TERM No. 10-5281 , ORDER OF COURT And now this _11:341N -day of _.. lzz �, 2010; upon Motion of Piaintiff/Assignee and agreement of Defendant it is hereby ordered: 1) Defendant shall authorize Plaintiff to debit a minimum of $1,000.00 per month from a checking account of his choosing; commencing on December 1, 2010 and continuing for a period of Sixteen (16) months and a minirnum of $500.00 oo the first of the Seventeenth (17'1) month until a total of 516,500.00 has been paid. 2) Upon completion of the above captioned payment schedule; Plaintiff agrees to enter satisfaction of the judgment within thirty (30) days. 3) A Stay of Execution is hereby entered. 4) All liens of the judgment will remain in. full force during the pendency of this payment schedule. In the event of default by the Defendant; Plaintiff shall be entitled to alt rights under the original judgment upon petition to the court to vacate this order. Both parties having reviewed the terms of this agreed order; hereby consent to adoption and entry by the Court. T. Logston ' ./a ystone Litigation Recovery Services Michael Barrett By the Court, NOTICE OF PRESENTMENT OF PETITION Please take notice that the within Motion has been filed with the Prothonotary of Cumberland County, Pennsylvania pursuant to Local Rule 4001-1. Any answer or response to this petition should be copied to the plaintiff/ assignee and filed with the Court Administrator. February 14, 2012 CERTIFICATE OF SERVICE I hereby certify that 1 have this day caused to be served a true and correct copy of this MOTION AND PROPOSED ORDER VACATING ORDER OF COURT DUE TO DEFAULT upon the following parties: February 14, 2012 VIA REGULAR MAIL Michael Barrett 706 Moores Mountain Road Mechanicsburg, PA 17055-6059 As Defendant and Judgment Debtor Barrett Company, Inc. PO Box 219 Camp Hill, PA 17001-0219 As Defendant and Jud_ ent Debtor T. Logston, ' Se E. Livingston Avenue umbus, OH 43205 (888)855-4503 No. 10.5281 Civil Term MOVANT' S STATEMENT OF PRIOR ORDERS OF COURT ISSUED IN THIS MATTER PURSUANT TO LOCAL RULE 208.3(a)(2) On September 28, 2010; The Honorable M.L. Ebert, Jr issued an Order Of Court enjoining the transfer of disposition of assets belonging to the Defendant(s) and scheduling a Hearing on the petition of Judgment Creditor seeking Supplemental Relief In Aid Of Execution. On November 18, 2010; The Honorable M.L. Ebert, Jr. issued an Order Of Court settling the judgment and setting up repayment terms. This order is the subject of this motion to vacate. 2 No. 10-5281 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES, AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiffs and Judgment Creditors, v. MICHAEL BARRETT d/b/a BARRET COMPANY and BARRETT COMPANY, INC. Defendant and Judgment Debtor. CIVIL TERM No. 10-5281 MOTION Now comes John T. Logston representing himself as pro se, to request this honorable court to grant the proposed order vacating the prior order of court dated November 18th, 2010 due to default of the terms of the agreed order. In support of this Motion; plaintiff asserts the following: 1. On January 29, 2010; a judgment was awarded in the Superior Court of Connecticut, Windham Judicial District in the amount of $60,104.68 plus costs and statutory interest in favor of plaintiff Wayne Richard and against defendants Michael Barrett d/b/a Barrett Company and Barrett Company, Inc. under docket number WWM-CV09-5005082-S. 2. On August 12, 2010; a certified and exemplified copy of the judgment was recorded with the Prothonotary of Cumberland County under docket niunber 10-5281 Civil Term.. 3. On August 12, 2010; Assignment of Judgment was recorded with the Prothonotary of Cumberland County; transferring ownership of the judgment from Wayne Richard to John T. Logston d/b/a Keystone Litigation Recovery Services. 4, Keystone Litigation Recovery Services is a Fictitious Business of John T. Logston; registered with the Secretary of State of the Commonwealth of Pennsylvania. 5. On November 18' 2010; Plaintiff/Assignee and Defendant(s) entered into an agreed Order Of Court settling the amount of judgment to $16,500.00; payable in the amount of $1,000.00 per month to be debited from a checking account of the defendant's choice 3 No. le -5281 Civil Tam until the balance was paid in full. The Order Of Court was adopted by The Honorable M. L. Ebert, Jr. Exhibit A 6. On January 1, 2012; Defendant's payment was partially returned in the amount of $500.00 due to insufficient funds in the account provided by the defendant. Defendant was warned of the ramifications of default and did replace the payment on January 24, 2012_ Exhibit B 7. On February 1, 2012; Defendant's payment was again returned by his bank with notice that the account was closed. Exhibit C 8. Defendant has breached the Order Of Court by failing to maintain a checking account for payments to be debited from on a monthly basis. 9. Further; Defendant has breached the Order of Court by failing to make monthly payments as agreed and ordered. 10. There remains due under the Agreed Order an unpaid balance of $2,000.00 11. Plaintiff / Assignee is entitled to reinstatement of the original judgment due to default in accordance with Item 5 of the Order Of Court. 12. There remains due and owing as of the date of this motion a balance of $61,538.86 as follows: $58,285.48 principal, $211.70 statutory interest at the rate of 6.000% and court costs of $626.68 and attorney fees of $2,415.00. Wherefore, Judgment Creditor requests this honorable court to grant the proposed Order of Court or alternatively issue a Rule To Show Cause Why the Order Of Court should not be vacated. Dated: February 14, 2012 4 Respectfully Submi ohn T. Logston D/B/A Keystone Litigation Recovery Services Pro Se 1567 East Livingston Avenue Columbus, OH 43205 Tel: (888)855-4503 Fax: (614)670-8689 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON DB/A KEYSTONE LITIGATION RECOVERY SERVICES AS JUDGMENT ASSIGNEE FOR: WAYNE RICHARD CIVIL TERM No. 10-5281 Plaintiffs -v- MICHAEL BARRETT d/b/a BARRETT COMPANY And BARRETT COMPANY, INC. Defendants ORDER OF COURT And now this day of , 2010; Plaintiff's Motion to Vacate the prior Order Of Court in this matter dated November 18, 2010 by the Honorable M.L.Ebert, Jr is hereby GRANTED. 1) The Order Of Court dated November 18, 2010 in this matter is hereby VACATED. 2) The Original Judgment is hereby reinstated; subject to all payments received. 3) The Stay Of Execution in this matter is lifted and Judgment Creditor is hereby authorized to execute said judgment in accordance with the Pennsylvania Rules Of Civil Procedure. 4) All other Orders Of Court shall remain in full force. IT IS SO ORDERED. JUDGE JOHN T. LONGSTON d/b/a : IN THE COURT OF COMMON PLEAS OF KEYSTONE LITIGATION RECOVERY : CUMBERLAND COUNTY, PENNSYLVANIA SERVICES, as judgment assignee : for Wayne Richard, Plaintiff V : 10-5281 CIVIL TERM MICHAEL BARRETT d/b/a BARRETT . COMPANY and BARRETT COMPANY, . INC., Defendant IN RE: MOTION TO VACATE PREVIOUS ORDER ORDER OF COURT AND NOW, this 6th day of June, 2012, this being the time and place set for a hearing on Plaintiff's Motion to Vacate the prior Order of Court dated November 18, 2010, and the plaintiff having failed to appear after notice, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion to Vacate is dismissed with prejudice. I/John T. Logston, Plaintiff P.O. Box 4134 Washington, Pa. 15301 Vincent Monfredo, Esquire For the Defendant . mtf (1,11;CS'AtI.It4 6//r//g- gt By the Court, M . L . Eb r ,-tJr . , T. • r— COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES, judgment assignee of Wayne Richard Plaintiff VS. MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, INC. Defendants No. 10-5281 CIVIL ACTION ?RAECIPE TO ASSIGN JUDGMENT TO THE PROTHONOTARY: For value received, on June 21, 2013, Plaintiff John T. Logston d/b/a Keystone Litigation Recovery Services, judgment assignee of Wayne Richard, sold, transferred, set over and assigned all of its right, title and interest in the judgment, debt, interest and costs in the above -captioned matter to Wayne Richard pursuant to the Acknowledgment of Assignment of Judgment attached hereto as Exhibit "A." Accordingly, the proper legal Plaintiff in this matter is now Wayne Richard, 202 South Main Street, Putnam, CT 06260 and we ask that the docket be marked accordingly. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #886 17 Attorney for Plaintiff Wayne Richard 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML TERM JOHN LOGS TON DrB/A KEYSTONE LITIGATION RECOVERY SERVICES JUDGMENT ASSIGNEE FOR: WAYNE RICHARD Plaintiff, -versus- MICHAEL BARRETT et, Al. Case No 10.5281 ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT NOW THIS 211' DAY OF JUNE 3013 AT COLUMBUS, FRANKLIN COUNTY, OHIOCOMES, JOHN T. LOGSTON, assignee in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT; 1) THAT Judgment was entered by this court on or about 0129/2010 2) THAT Plaintiff was awarded against Defendant the sum of S60,104.68 plus interest at the statutory rate of 6.000% plus costs. 3) THAT on November 18, 2010; Plaintiff and Defendant entered into an Agreed Order of Court reducing the recoverable amount of the judgment to $16,500,00 to be paid in monthly installments of $1,000.00. 4) THAT there have been no renewals since the entry of said judgment or agreed order of court arid the Plaintiff has received 514,500.00 of judgment from Defendant. 5) THAT there remains due and owing under the terms of the agreed Coun Order 52,000.00 6) THAT Plaintiff is the Judgment Creditor of record. 7) THAT this judgment was previously assigned to Plaintiff from Wayne Richard. 8) THAT in exchange for valuable consideration, receipt and sufficiency of which are hereby acknowledged. , the judgment creditor of record, do hereby grant and convey all rights, title and ownership of said judgment back to: - Wayne Richard 202 South Main Street Putnam, CT 06260 7) THAT I hereby authorize Assignee/Original Judgment Creditor, Wayne Richard to recover, compromise, settle and enforce said judgment and i withdraw all rights and claims to same. HN T. DUGS ON D/B/A YSTONE L IGATION RECOVERY SERVICES Witness COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD Plaintiff : No. 10-5281 vs. MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY INC. Defendants ORDER CIVIL ACTION AND NOW, this /04k- day of cJuJf , 2014, upon consideration of Plaintiff's Petition to Vacate Order of Court Dated June 6, 2012, and Defendants' response thereto, it is hereby ORDERED that said Petition is GRANTED. It is FURTHER ORDERED that the Order of Court dated June 6, 2012 in this matter is VACATED. --;- a7. C. • WAYNE RICHARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 10-5281 MICHAEL BARRETT d/b/a BARRETT : COMPANY and BARRETT COMPANY, : CIVIL ACTION INC., Defendants ORDER OF COURT AND NOW, this 31st day of July, 2014, upon consideration of Wayne Richard's Second Petition to Vacate Order; IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule shall issue upon the Defendants to show cause why the relief requested by Wayne Richards should not be granted. 2. Defendants shall file an answer to the Petition on or before August 22, 2014. 3. Hearing/argument on the Petition will be held on Wednesday August 27, 2014 at 10:30 a.m. in Courtroom 2 of the Cumberland County Courthouse. Michael R. Lessa, Esquire Attorney for Plaintiff .//incent Monfredo, Esquire Attorney for Defendant w,/Iy =pi By the Court, COURT,OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD Plaintiff : No. No 10-5281 vs. c -a MICHAEL BARRETT d/b/a BARRETT pi 03 COMPANY and BARRETT COMPANY, INC. : : CIVIL ACTION Defendant(s) r --<-z v.t-, CD CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the Order of Court of July 31, 2014 was served via first class mail, postage prepaid on August 4, 2014, upon: Vincent Monfredo, Esq. 5000 Ritter Rd., Suite 202 Mechanicsburg, PA 17055 AMATOIC Tinif nor. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #30951 1 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM --- L.).. WAYNE RICHARD, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL BARRETT D/B/A BARRETT : COMPANY AND BARRETT COMPANY : INC., DEFENDANTS : NO. 10-5281 CIVIL ORDER OF COURT AND NOW, this 27th day of August, 2014, upon consideration of the Plaintiff's Second Petition to Vacate Order, the Court noting that the Defendants have failed to file an Answer to the Petition as previously ordered by the Court and having failed to appear for argument in the matter this date, and after argument at which Plaintiff's Attorney did appear; IT IS HEREBY ORDERED AND DIRECTED that Plaintiff's Second Petition to Vacate Order is GRANTED and the Order of Court dated November 18, 2010, is hereby VACATED. 4Michael Lessa, Esquire Attorney for Plaintiff incent Monfredo, Esquire Attorney for Defendants basPs CO %ES LILL 8/.1.7//y By the Court, 60 :C Wd 12 ON 1110' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW / WAYNE RICHARD Plaintiff vs. MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, INC. Defendant(s) —1C4P INIVZOve S rvo-. R.i\A • ePiA ioS5 AMERICHOICE FEDERAL CREDIT UNION : Garnishe t'() S?Or bi‘5 .'reer\--A)rNfe, \Mdlen. nuSS CIVIL ACTION NO. No 10-5281 Amount Due Interest Payments Costs Poundage $ 45,604.68 $ 11,269.83 $ 0.00 $ Total $ 56,874.51 C) .7K rn To the Prothonotary of 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, any 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 #, and anv account owned solely or in part bv the above-named defendant(s), which are in the possession, custody and/or control of said garnishee(s). Attorney File#: 2131654 AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way ,g5 ea Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 0.,LSI S THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net WAYNE RICHARD Vs. NO 10-5281 Civil Term CIVIL ACTION — LAW MICHAEL BARRETT D/B/A BARRETT COMPANY AND BARRETT COMPANY, INC. WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against MICHAEL BARRETT D/B/A BARRETT COMPANY AND BARRETT COMPANY, INC., 706 MOORES MT. ROAD, MECHANICSBURG, PA 17055 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC EQUIPMENT, VEHICLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of AMERICHOICE FEDERAL CREDIT UNIONGARNISHEE(S), as garnishee, 20 SPORTING GREEN DRIVE, MECHANICSBURG, PA 17055 (Specifically describe property) and to notify the garnishee that ALL PROPERTY OF THE ABOVE-NAMED DEFENDNAT(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 #, 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). (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $45,604.68 Interest $11,269.83 Attorney's Comm. % Attorney Paid $75.50 Date: 09/30/14 (Seal) REQUESTING PARTY: Name : MICHAEL R. LESSA, ESQUIRE Address: AMATO, KEATING AND LESSA, P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 88617 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary _ZP. igex2,2e4c-- Deputy MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 2 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by Iaw 3 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY „,, v! ,I�I,c� �... O,.,.. THE PROTHONOTARY OFFICE, OF Tis, $1HE,RIFF 2 I4 OCT 10 PIS 1:42 CUMBERLAND COUNTY PENNSYLVANIA Wayne Richard vs. Michael Barrett d/b/a Barrett Company (et al.) Case Number 2010-5281 SHERIFF'S RETURN OF SERVICE 10/09/2014 10:51 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Americhoice Federal Credit Union, 20 Sporting Green Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Carrie Dehart, Customer Service Representative, personally six copies of interrogatories together with six true and attested copies of the Writ of Execution (three per defendant) and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 9, 2014 to Michael Barrett d/b/a Barrett Company, 706 Moores Mountain Road, Mechanicsburg, PA 17055 and to j=rrett Company, Inc., at 706 Moores Mountain Road, Mechanicsburg, PA 17055. October 09, 2014 (c) CountySuito Sheriff, To;eos>oft, inc. '' LIAM CLINE, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S RETURN - REGULAR CASE NO: 2014-00240 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN JPMORGAN CHASE BANK NATIONAL vs ERIK W STUFFT JONATHAN NALEWAK f 1LED-0FFICl OF THE PROTHONOTARY 28111 OCT 10 AM 10: 0 6 OD PENNSYLVACOUNTY A X ,Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn says, the within COMP MORT FORE STUFFT ERIK W according to law, was served upon DEFENDANT the , at 1420:00 Hour, on the 30th day of June , 2014 at 675 MOWER ROAD CHAMBERSBURG, PA 17202 BENJAMIN MCAFEE ROOMMATE by handing to a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof.. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 Sworn and Subscribed to before So Answers:. JONATHAN NALEWAK By 401Ir. Dr.uty Sheriff 07/31/2014 SHAPIRO AND DENARDO LLC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY vot�,dy of CaunGrr/,,�i • crr': F OF THE c�,Fr pc /66°2— /C1 -24107 - Richard W Stewart Solicitor JPMorgan Chase Bank, National Association — . vs. Erik W Stufft EXP: 07/18/2014 675 MOWER ROAD, CHAMBERSBURG, PA 17202 Case Number 2014-3052 �Service"�iD ail'`«r ,fes'_• _ Category: .Civil Action - Notice of Residential Mortgage Foreclosure Diversion Progr, Zone: Manner 'Deputize _ r Expires: x07/18/2014 y Warrant: SERVICE COVER SHEET Notes: Serve 70: __ i. _ Name: iErik W Stufft Primary 675 Mower Road Address: IChambersburg, PA 17202 Phone: DOB: Alternate 1675 Marble Road Address: ':Chambersburg, PA 17202 Phone: 1 'Attorney //=Originator 'i Name: Shapiro & DeNardo LLC FinalSeivrce• ,fSrr4 Served: Personally • Adult In Charge • Posted • Other Adult In Charge: Relation: {6 ... !_E-'ikiPyi IA) The j A F Date: Lo7 K Time: Deputy: 10q.t Iv,4f . Mileage: t 4." "�.zf' et •,,. ;,.114yCi(r4 Phone: 1610-278-6800 Service Attempts: _ Date: Time: 0 • Mileage: O Deputy: csi Notes / Specia/'Instructions: • _ll JUN 232014 • Now, June 19, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Franklin County to It execute service of the documents herewith and make return thereof according to IaRANKLIN (AUiNTYSHERIfFSOFFICE it LL Return To: > Cumberland County Sheriff's Office n One Courthouse Square Carlisle, PA 17013 ..r ,.: �, ii a•r' Yr a•..,I. .. Ronny R Anderson, Sheriff n.,a €CT t C. r�Fi '_L!M3E[ LA?;t) jt(rt NI 1YYSYLIV , { KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. ATTORNEY I.D. 308358 3900 Market Street Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com WAYNE RICHARD, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent, CUMBERLAND COUNTY, PENNSYLVANIA and JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES, Additional Plaintiff/Respondent, V. NO. 10-5281 MICHAEL BARRETT D/B/A BARRETT COMPANY AND BARRETT CO., INC., Defendant/Petitioner. ACTION INEQUITY EMERGENCY PETITION FOR SPECIAL RELIEF TO ENFORCE SETTLEMENT AGREEMENT AND VACATE/STRIKE WRIT OF EXECUTION AND NOW this)Sf&ay of October, 2014, come the above-named Petitioner, Michael Barrett d/b/a Barrett Company and Barrett Co., Inc. and his attorney, Hilary Vesell, Esq., of Kope and Associates, LLC, and files this Emergency Petition for Special Relief to Enforce Settlement Agreement and Vacate/Strike Writ of Execution pursuant to Pa.R.C.P. 1531 and respectfully aver the following: 1. Defendant/Petitioner is Michael Barrett d/b/a Barrett Company, and Barrett Company, Inc. (hereinafter "Petitioner"), an adult individual who currently resides of 706 Moores Mountain Road, Mechanicsburg, Cumberland County, PA 17055. 2. On or about January 29, 2010, Plaintiff/Respondent, Wayne Richard (hereinafter "Respondent Richard"), obtained a judgment in his favor against Petitioner by default in the Superior Court of Connecticut for approximately $60,000.00. 3. Subsequently, Respondent Richard assigned his right, title and interest in the Connecticut judgment to a third party, John T. Logston d/b/a Keystone Litigation Recovery Services (hereinafter"Respondent Logston"), for collection purposes, as set forth in the Acknowledgement and Assignment of Judgment filed in the above- captioned matter. 4. The assigned Judgment was transferred to this Court to the above docket number on August 12, 2010 with Respondent Logston as the Plaintiff. 5. Thereafter, Respondent Logston and Petitioner reached a settlement regarding said debt, which resulted in the entry of an Order of this Court dated November 18, 2010 in the above-captioned matter. 6. The Settlement Agreement detailed that Petitioner was to pay a minimum of$1,000.00 a month commencing on December 1, 2010 and continuing for a period of sixteen (16) months with a minimum of$500.00 on the first of the seventeenth (17th) month until a total of$16,500.00 was paid. 7. As a result, execution on the judgment was stayed in exchange for Petitioner making payments according to the Settlement Agreement. 8. Furthermore, Petitioner made payments according to the Settlement Agreement with only $1,500.00 in payments left to make. 9. However, on or about March 1, 2012, Petitioner's former counsel spoke with Respondent Richard who at the time informed Petitioner's counsel not to make the final payments on the Settlement Agreement to Respondent Logston. 10. Around the same time, Respondent Richard also spoke directly with Petitioner advising him not to make the final payments to Respondent Logston. 11. Furthermore, Respondent Logston was taking funds monthly directly out of an account set up by Petitioner to pay said debt. However, it is believed and, therefore, averred that on or about, February 1, 2012, Respondent Logston stopped withdrawing said funds for monthly payments on the Settlement Agreement. 12. Furthermore, Petitioner's former counsel tried numerous times to contact both Respondents to pay remaining settlement proceeds, but Respondents refused to finalize settlement. 13. Petitioner believes this was due to ongoing dispute between Respondents regarding contractual assignment of debt and to effectively prevent Petitioner from successfully completing payments under the Settlement Agreement. 14. Furthermore, throughout this time, beginning on or about November 3, 2010, Petitioner was receiving strange emails between Respondents regarding ownership of debt and quarrelling over contract agreement regarding assignment of debt. See Exhibit "A"consisting of said emails disputing ownership and contractual assignment of debt. 15. Petitioner feels that he was defrauded into not making remaining payments on said Settlement Agreement to Respondent Logston so that Respondent Logston could turn remaining debt back over to Respondent Richard due to their longstanding argument over their agreement regarding payment of debt assignment. 16. On or about October 28, 2013, Respondent Logston filed a Praecipe with this Court in the above-captioned matter to assign the judgment back to Respondent Richard. 17. As a result, on or about December 2, 2014, Respondent Richard filed a Petition to Vacate the Settlement Order in the above-referenced case. 18. It is believed and, therefore averred that the Settlement Order was vacated by default. 19. On or about October 1, 2014, Respondent Richard filed a Writ of Execution in the above-captioned cased against the Petitioner for$45,604.68. 20. Petitioner now wishes the Court through its power of equity to enforce his Settlement Agreement and payments made thereunder with a remaining balance of $1,500 to be paid immediately to Respondents as Respondents were at fault for said remaining outstanding payments due to their contractual dispute over assignment of said debt. 21. Respondent Richard objects to this Petition. 22. Respondent Logston did not indicate whether he objected or concurred with this Petition, but stated that he was not a part of this action anymore as the debt has been assigned back to Respondent Richard. WHEREFORE, Defendant/Petitioner Michael Barrett, respectfully requests that this Honorable Court through its power of equity enforce his Settlement Agreement and payments made thereunder with Respondents and such other relief as this Court deems just and appropriate including punitive damages for Petitioner and Petitioner's attorney's fees. Respectfully submitted, Date: �p���l 1�� �I VIU /�A- JJ Hilary VepiNI Esq. Attorney efendant/Petitioner VERIFICATION I verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. M .1,� ::I�� /t� ichaeI Barrett KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. ATTORNEY I.D. 308358 3900 Market Street Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com WAYNE RICHARD, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent, CUMBERLAND COUNTY, PENNSYLVANIA and JOHN T. LOGSTON d/b/a KEYSTONE LITIGATION RECOVERY SERVICES, Additional Plaintiff/Respondent, V. NO. 10-5281 MICHAEL BARRETT D/B/A BARRETT COMPANY AND BARRETT CO., INC., Defendant/Petitioner. ACTION IN EQUITY CERTIFICATE OF SERVICE I, Hilary Vesell, hereby certify that on October 23, 2014 1 served a copy of the foregoing Emergency Motion for Special Relief by first-class, United States mail, to the following: Michael Lessa, Esq. AMATO KEATING AND LESSA, P.C. 107 North Commerce Way Bethlehem, PA 18017 John Logston of Keystone Litigation Recovery Services P.O. Box 4143 47 North Main Street, Lower Level Washington, PA 15301 KOPE &ASSOCI7j) PVAUj L Hilary Vesell uire I.D. 308358 �p Kope & Associates, LLC 3900 Market Street Camp Hill, PA 17011 (717) 761-7573 Workspace Webmail :: Print Page 1 of 1 C) Close Print I Close Window Subject: Fwd: Agreed Order From: Michael Barrett<mbarrettcompany@aol.com> Date: Mon,Jan 13,2014 3:36 pm To: sbemis@sc3con com Attach: AGREED_ORDER.pdf Michael Barrett -----Original Message----- From:john <john@keystonelitigation.com> To: Michael Barr rrettcompany@aol.com> Cc: info < keystonelitl ation.com> Sent: ed, Nov 3, 2010 pm Subjec Agreed Mr. Barrett: Per our agreement in Court yesterday. Please sign and return the original to my office at the address below. Also, Mr. Richard is not completely happy with this deal; but he has no legal say in it because I am the owner of the judgment. Please let me know if he contacts you or attempts to contact you regarding this matter. Sincerely, John T. Logston Certified Judgment Enforcement Specialist KEYSTONE LITIGATION RECOVERY SERVICES KLRS NOTARY SERVICES P.O. Box 4134 30 North Main Street R Washington, PA 15301 (866)700-3939 - Nationwide Toll Free (215)531-7704 - Philadelphia Local (412)223-6363 - Pittsburgh Local (412)223-4227 FAX www.KeystoneLitigation.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to it or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information strictly prohibited. Copyright©2003-2014.All rights reserved. EEXHIBIT 7: https://emai114.secureserver.net/view_print_multi.php?uidArray=6361 JINBOX&aEmlPar... 13/01/2014 Workspace Webmail :: Print Page 1 of 1 Print I Close Window Subject: Fwd: Judgement From: Michael Barrett<mbarrettcompany@aol.com> Date: Mon,Jan 13,2014 3:36 pm To: sbemis@sc3concepts.com Michael Barrett -----Original Message----- From: Wayne <wayne_barrettco@yahoo.com> To: MikeB rett<mbarre tcompany@aol.com> Sent: W , Nov 3, 201 :17 pm Subject: Judgem This email is to inform you that I have not agreed to accept your offer ! I will be contacting the Courts in the Morning and advising them of the same Wayne A. Richard Copyright©2003-2014. All rights reserved. https://emai114.secureserver.net/view_print_multi.php?uidArray=63601INBOX&aEmlPar... 13/01/2014 Workspace Webmail :: Print Page 1 of 2 Print Close Window Subject: Fwd: KEYSTONE LITIGATION RECOVERY SERVICES-vs-BARRETT et al From: Michael Barrett<mbarrettcompany@aol.com> Date: Mon,Jan 13,2014 3:35 pm To: sbemis@sc3concepts.com Attach: sigimg1 v Michael Barrett -----Original Message----- From: john <john@keystonelitigation.com> To: Michael Barre < rrettcompany@aol.com> Cc: WayneW5ard <wayne arrettco@yahoo.com>; info<info@keystonelitigation.com> Sent: Th ov 4, 2010 9:2 m Subject: ATION RECOVERY SERVICES-vs- BARRETT et al Mr. Barrett: I understand that Mr. Richard has contacted you regarding the agreement made in open court this week. Please be advised that Mr. Richard is not the legal owner of the judgment as it has been legally assigned to me through the courts. Mr. Richard is in breach of his contract with us for contacting you and attempting to interfere with the agreement. Our attorney is in the process of intervening and dealing with that issue. However; if you still wish to proceed with the agreement; please sign the document and fax it " back to me at (412)223-4227 and mail the original to me at the address below. As Mr. Richard has not purchased the judgment back from me; I have every intention and legal right to proceed as agreed. Please advise as to your intentions regarding the agreement. i Sincerely, John T. Logston Certified Judgment Enforcement Specialist KEYSTONE LITIGATION RECOVERY SERVICES KLRS NOTARY SERVICES P.O. Box 4134 30 North Main Street Washington, PA 15301 (866)700-3939 - Nationwide Toll Free (215)531-7704 - Philadelphia Local (412)223-6363 - Pittsburgh Local (412)223-4227 FAX *NINOi s i www.KeystoneLitigation.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity https://emai114.secureserver.net/view_print_multi.php?uidArray=63591 INBOX&aEmlPar... 13/01/2014 Workspace Webmail :: Print Page 2 of 2 to whom they are addressed. If you have received this email in error please notify the sender immediately by replying to it or calling (866)700-3939. This email contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information strictly prohibited. Copyright©2003-2014.All rights reserved. https:Hemai114.secureserver.net/view_print_multi.php?uidArray=63591INBOX&aEmIPar... 13/01/2014 Workspace Webmail :: Print Page 1 of 4 Print I Close Window Subject: Fw: Re: Court Date/Math error From: Wayne Richard<wayne_barrettco@yahoo.com> Date: Tue,Jul 10,2012 12:16 pm To: Mike Barrett<mbarrett@sc3concepts.com> Mike, This is the response email I got from Logston who claimed to be an attorney and recovery firm when I first hired him... As of now I am filing a complaint with both PA and CT attorney Generals offices, I have spoken with a large CT law firm that specializes in judgements&recoveries and I've been introduced ro a very large Boston firm that I want to discuss this entire matter with. Logston sent payments late every month,then one bounced which got replaced with one 2 months later for 2 months which then came back, "Account closed" al showing payment from Barrett Company.... he then claimed he filed for a default(after I pushed him for 3 months)but then the day of the hearing didn't appear.. I'll forward that email ....also I'm owed a total of$2,500 from the agreement he made with you ...and if this is a default the mount goes back to the original Judgement of$60,000+interest and legal ... I just want some straight answers Maybe we can work this out between us and get away from these conns ---On Fri,6/22/12,John Logston <j.t.logston@gmail.com>wrote: From:John Logston <j.t.logston@gmail.com> Subject: Re:Court Date/Math error To:"Wayne Richard"<wayne_barrettco@yahoo.com> Date: Friday,June 22,2012, 8:14 PM MR.WAYNE A RICHARD: YOU DO WHAT YOU NEED TO DO. YOU HAVE BEEN PAID IN FULL IN ACCORDANCE WITH THE CONTRACT. BE VERY CAREFUL IN WHAT YOU DO NEXT. ANY UNFOUNDED ACTIONS WILL BE CONSIDERED BREACH OF CONTRACT AND I WILL SUE YOU FOR DAMAGES TO THE FULL EXTENT OF THE LAW. OUR AGREEMENT STATES THAT YOU WILL BE PAID 50%OF FUNDS RECOVERED. BOUNCED CHECKS FROM THE DEFENDANT ARE NOT RECOVERED FUNDS. THE CONTRACT CLEARLY STATES THAT THERE IS NO GUARANTEE ON ANY RECOVERY AND ALL ACTIONS ARE AT MY SOLE DISCRETION. ANY FURTHER COMMUNICATION FROM YOU NEEDS TO BE FROM YOUR ATTORNEY; OTHERWISE IT WILL BE CONSIDERED HARASSMENT AND DEALT WITH THROUGH THE LEGAL PROCESS. FURTHER; I WOULD BE VERY CAREFUL WITH THE NAME CALLING. REFERRING TOA CIVIL JUDGMENT DEBTOR AS A CRIMINAL IS SLANDER AND DEFAMATION OF CHARACTER AND 1 WILL HAVE NO PROBLEM INFORMING THE COURT AND MR. BARRETT'S ATTORNEY OF THE FACT THAT YOU ARE SLANDERING HIM. I WILL HAVE NO PART IN IT. DON'T THREATEN. DO WHAT YOU NEED TO DO. BUT BE READY TO FACE THE CONSEQUENCES OF YOUR ACTIONS BECAUSE MY LEGAL TEAM IS READY TO TAKE WHAT EVER ACTIONS ARE NECESSARY TO ENFORCE THE CONTRACT AND PROTECT MY RIGHTS. HAVE A WONDERFUL WEEKEND. On Fri,Jun 22, 2012 at 7:05 PM,Wayne Richard<wavne barrettcona vahoo.com>wrote: There seems to be a mathematical error in your email,of the$16,000 agreement you made with Barrett, that I was to receive 50%or$8,000 1 have been paid a grand total of$6,000, I am sitting with 2 bounced checks hence the DEFAULT and 2 more payments of$500 each were due to complete the agreement.. if he had NOT DEFAULTED.... I have NOT been paid 50%and I have not been paid in accordance with Your Agreement with Barrett, bounced checks equals DEFAULT....AS OUTLINED IN THE AGREEMENT YOU PROVIDED .... I AM STILL WAITING FOR THE BALANCE OF MY FUNDS$2,000.00 AND THE NOTIFICATION OF THE COURT'S RULING ON THE DEFAULT,YOU SAY YOU FILED FOR. http://emai114.secureserver.net/view_print_multi.php?uidArray=1963 1INBO... 7/11/2012 Workspace Webmail :: Print Page 2 of 4 by the way my name is Wayne A. Richard not Barrett, barrett was the criminal here who keeps failing to pay.... I won't be contacting Barrett or the Courts, I will be waiting for you to inform me as to where my money is and what the Courts ruled on. ps.. no attorney ever informed me that I was in violation of our agreement, that was a threat by you when I got angry when you told me you took my$60,000 judgement and turned it into a$16,000 agreement of which you took$8,000 after just spending$114.00 in filings fee's .... I don't see the Expertise in filing PAPERS or negotiating a deal down by what 70% but hey....what do I know This next week should prove to be an interesting one Sir! If I don't hear from you I do have the right to file in CT courts on the BOUNCED CHECKS PRESENTED TO ME IF NEITHER YOU OR BARRETT INTEND TO MAKE GOOD ON THOSE PAYMENTS ! f Your an interesting chap ! ---On Fri 6/22/12 John Lo ston <'.t.lo stop mail.com>wrote: 1 9 � g Ca?g From:John Logston <l.t.logston(a)gmaiI.com> �} Subject: Re: Court Date To:"Wayne Richard"<wayne barrettco cCyahoo.com> Date: Friday, June 22,2012,6:12 PM Mr. Richard: Here is where we stand. On April 27, 2010;you assigned the within referenced judg ent m in full. (Cit. Paragraph 2 of the Agreement For Assignment of Judgment""Judg ent Creditor.....does hereby assign all rights, title and ownership of the judgment whose civil action number is WWM-CV09-5005082-S and original judgment award amount is$60,104.68 entered on 1/29/2010 in the Superior Court of the State of Connecticut". The Court granted the assignment and transferred ownership of the judgment to me. 1 entered into a settlement with the defendant which was again approved by the court. This was done under my legal rights as the owner of the judgment. You have no legal rights to this judgment. In exchange for my investment of time,talent and experience as well as fronting all of the expenses of enforcement; you assigned the ownership to me. My only obligation is to pay you 50% of the net proceeds of any funds recovered; if they are recovered. It is at my discretion if,when and how I proceed with the execution of the judgment. To date;you have been paid 50%of the funds recovered. As a courtesy; I have communicated with you regarding the process of the execution. But I am under NO obligation to communicate with you or follow your instructions. If you wanted someone to enforce the judgment and follow you orders and instructions;then you should have hired an attorney. You didn't want to pay an attorney;therefore you came to me to pay for the execution of the judgment. You have been previously warned about interfering with the enforcement of the judgment. As the assignee of record with the court; I am the owner of the judgment and you have no legal standing. Any attempt to interfere with the execution of the judgment or any attempt to contact the judgment debtor and enforce the judgment will be considered a breach of contract and we will enforce the contract to the full extent of the law. You have been previously warned of this by our legal counsel. MR. BARRETT; I STRONGLY SUGGEST THAT YOU REFRAIN FROM MAKING THREATS AND HAVE YOUR CONTRACTS REVIEWED BY LEGAL COUNSEL TO AVOID BREACHING THE CONTRACT. THE JUDGMENT IS UNDER COURT ORDER AND WE ARE IN COMPLIANCE WITH THE COURT ORDER. If we are successful in recovering any further funds;you will be advised. Otherwise we will continue to abide by our contract with you. However; I will not be advising you of any further proceedings in the matter. If you would like to have your attorney contact me to discuss this matter; I would be happy to do so. Sincerely, http://emai114.secureserver.net/view_print_multi.php?uidArray=19631INBO... 7/11/2012 Workspace Webmail :: Print Page 3 of 4 John Logston Certified Judgment Enforcement Agent KEYSTONE LITIGATION RECOVERY SERVICES 1567 E. Livingston Avenue Columbus, OH 43205 On Fri,Jun 22,2012 at 4:24 PM,Wayne Richard <wavne barrettco(a)vahoo.com>wrote: John, it's now Friday at 4:20 pm and I have no answer from you on a Court date. I have a family member who keeps pressing me to turn this over to a qualified law firm that he recommends to protect my interests in the portion of the original CT Court Judgement of$62,500.00 as I assigned you half... He insists that you do not have my best interests at heart and your not conducting business in a professional matter forwhich you yourself can be held accountable for any loses I have from your negotiations. I want to play this out for a few more days and see where this goes s00000 ...... where does my$31,250.00+4 years of interest stand as of today??? I have calculated as I mentioned in my last email that the$6,000 1 have been by Barrett todate barely covers the interest he owes me on the Judgement.... s00000 what news did you get this week or do you not have any? Respectfully Wayne A. Richard Business is business and you made sure you protected your investments 2 weeks ago and didn't appear at my Court hearing so now it's all business for me as well...We are not after all ralking$500 here ,we are talking a Judgement Valued at almost$70,000 with interest. ---On Mon,6/18/12,John Logston <i.t.logston(a)-gmail.com>wrote: From:John Logston <i.t.logston(a)gmail.com> Subject: Re:Court Date To: "Wayne Richard"<wavne barrettco a(�vahoo.com> Date: Monday, June 18, 2012, 9:38 PM I understand. Sent from my Phone On Jun 17, 2012, at 11:07 PM,Wayne Richard<wavne barrettco aC ..vahoo.com> wrote: Thank You because the $6,000 that I have received so far towards this CT judgement doesn't even cost the interest Barrett owes me and I'm getting quite angry at this point.. I'll be waiting to hear from you Wayne ---On Sun, 6/17/12,John Logston <i.t.logston(cDgmail.com>wrote: IFrom:John Logston<i.t.looston(a)gmail.com> http://emai114.secureserver.net/view_print_multi.php?uidArray=19631INBO... 7/11/2012 Workspace Webmail :: Print Page 4 of 4 Subject: Re: Court Date To:"Wayne Richard"<wayne barrettco(cDyahoo.com> Date: Sunday, June 17,2012,4:12 PM Wayne: I am in communication with the Court Administrator. They schedule all hearings at the same time during what they call "Calender Control"week. I should know this week when the date is. I will let you know as soon as I do. John On Thu,Jun 14, 2012 at 11:23 AM, Wayne Richard <wayne barrettco a(�.yahoo.com>wrote: Do We have a Court Date ?? Copyright©2003-2012.All rights reserved. http://emai114.secureserver.net/view_print_multi.php?uidArray=19631INBO... 7/11/2012 Workspace Webmail :: Print Page 1 of 1 J Print � Close Window Subject: Judgement/court From: Wayne Richard <wayne_barrettco@yahoo.com> Date: Thu,Jul 12,2012 11:05 pm To: Mike Barrett<mbarrett@sc3concepts.com> i Mike, Did you get through to your attorney,and word? I filed a complaint with the PA Attorney General Today, I'm gonna get to the bottom of this, I would suggest that you don't send Keystone another dime as he owes me$2,000 from the agreement he offered you, however keep in mind, I rejected it..... I don't want to make this any bigger than it is but I'm really getting tired of being played and not getting paid.. I'll also be '? meeting with a Boston firm next week to go after that clown and I've already talked to a CT firm about my original Judgement. Like I said, I'm not looking to make this any bigger than what is is between you and me but it seems I have more now to deal with and I don't go away all that easy. Lets keep each other in the loop ok, I understand your position, and I'm sure you understand mine, we are both just taking care of business and trying to take care of our families .. Business is business that's all .... I actually was hoping to still come back to work with you one day if you had projects.even if it was a short month to month or what ever... work is money, money pays bills and I don't like burning bridges.. no matter what.... however in the case of Logston, this is now and is personal ! If I don't talk to you have a good weekend Wayne Copyright©2003-2014. All rights reserved. https://email 14.secureserver.net/view_print_multi.php?uidArray=101INBOX.wayne&aE... 13/01/2014 10/15/2014 Workspace Webmail::Print Print ( Close Window Subject: Re: bounced check replacements From: Wayne Richard<wayne_barrettco@yahoo.com> Date: Sun, Sep 23,2012 12:55 pm To: Michael Barrett<mbarrett@sc3concepts.com> No I didn't realize I needed to contact him, last time I emailed his response he wanted to talk to you.... I'll do my best to get intouch with him this week. Do you have any winter work ? even if it's B-Crew work doing carpentry ?? ---On Fri,9/21/12, Michael Barrett<mbarrett@sc3concepts.com>wrote: From: Michael Barrett<mbarrett@sc3concepts.com> Subject: Re: bounced check replacements To: "Wa ne Barrett hoo.com> Date: Please call attny to work this out. He had called asking when you were going to contact him. I thought I had communicated this Sent from my iPhone On Sep 21, 2012, at 4:32 PM,Wayne Richard <wayne barrettcoCcDvahoo.com>wrote: Mike, I thought you and your attorney were going to send me another check for$500 along with an agreement for the balance .... I've never heard back from either of you other than he was going to talk to you Wayne Copyright©2003-2014.All rights reserved. https://email14.secureserver.nettview_print_multi.php?uidArray=201INBOX.wayne&aEmiPart=O 1/1 WAYNE RICHARD, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON D/B/A KEYSTONE LITIGATION RECOVERY : SERVICES, ADDITIONAL PLAINTIFF V. MICHAEL BARRETT D/B/A BARRETT : COMPANY AND BARRETT COMPANY : INC., DEFENDANTS : NO. 10-5281 CIVIL ORDER OF COURT AND NOW, this 24th day of October, 2014, upon consideration of Michael Barrett's Emergency Petition for Special Relief to Enforce Settlement Agreement and Vacate/Strike Writ of Execution; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Wayne Richard and John T. Logston, d/b/a Keystone Litigation Recovery Services to show cause why the relief requested by Michael Barrett should not be granted. 2. Wayne Richard and John T. Logston, d/b/a Keystone Litigation Recovery Services shall file an Answer to the Petition on or before November 21, 2014. 3. A hearing on the matter will be held on Monday, January 5, 2015, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 4. Pending resolution of this Emergency Petition for Special Relief, all other actions regarding this debt are STAYED. By the Court, Michael Lessa, Esquire Attorney for Plaintiff /John Logston Keystone Litigation Recovery Services ilary Vesell, Esquire Attorney for Defendant bas KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. ATTORNEY I.D. 308358 3900 Market Street Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com WAYNE RICHARD, Plaintiff/Respondent, and F IL,ED-OFi ICi7 THE PRO T HONOR T/CRY 2014 NOV 14 al 11: ID CUMBERLAND COUNT PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN T. LOGSTON d/b/a KEYSTONE : LITIGATION RECOVERY SERVICES, : Additional Plaintiff/Respondent, : v. : NO. 10-5281 MICHAEL BARRETT D/B/A BARRETT : COMPANY AND BARRETT CO., INC., : Defendant/Petitioner. : ACTION IN EQUITY PRAECIPE TO UPDATE ADDITIONAL PLAINTIFF'S ADDRESS OF RECORD TO THE PROTHONOTARY: Please kindly update Respondent Logston's address in the above -captioned case as follows: John T. Logston, Certified Judgment Enforcement Agent (NJN), Keystone Litigation Recovery Services, 3039 W. 105th Street, Cleveland, OH 44111. Please also kindly resend to Mr. Logston at this address the Order of Court dated October 24, 2014, if not already done. DATE Hilary Vesell, quire 3900 Market eet Camp Hill, PA 17011 Supreme Court ID# 308358 CERTIFICATE OF SERVICE I, Hilary Vesell, do hereby certify that on this 12th day of November 2014, I served a true and correct copy of the foregoing Praecipe to Update Additional Plaintiff's Address of Record via regular U.S. First Class mail, postage prepaid, addressed as follows: Michael Lessa, Esq. AMATO KEATING AND LESSA, P.C. 107 North Commerce Way Bethlehem, PA 18017 John T. Logston, Certified Judgment Enforcement Agent (NJN) Keystone Litigation Recovery Services 3039 W. 105th Street Cleveland, OH 44111 OICati Hilary Vesell, souire 3900 Market tri et Camp Hill, PA 17011 Supreme Court ID# 308358 (717) 761-7573 Attorney for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD Plaintiff : No. No 1.0-5281 vs. MICHAEL BARRETT d/b/a BARRETT : COMPANY and BARRETT COMPANY, INC. : : CIVIL ACTION Defendant(s) PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above -captioned case settled, discontinued and ended. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM ata sCt,S6Qciatv(A cIcfl\ COURT OF COMMON PLEAS OF CUfBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD Plaintiff vs. : No. No 10-5281 MICHAEL BARRETT d/b/a BARRETT COMPANY and BARRETT COMPANY, INC. : : CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Praecipe to Settle, Discontinue and End was served via first class mail, postage prepaid on December 8 2014, upon: Hilary P. Vesell, Esq. Kope & Associates 3900 Market Street Camp Hill, PA 17011 AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779. David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq.; Att�.,:ID;#203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net WAYNE RICHARD Vs. NO 10-5281 Civil Term CIVIL ACTION — LAW MICHAEL BARRETT D/B/A BARRETT COMPANY AND BARRETT COMPANY, INC. WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against MICHAEL BARRETT D/B/A BARRETT COMPANY AND BARRETT COMPANY, INC., 706 MOORES MT. ROAD, MECHANICSBURG, PA 17055 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), • ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC EQUIPMENT, VEHICLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (2) -you are also directed to attach the property of the defendant (s) not levied upon in the possession of AMERICHOICE FEDERAL CREDIT UNIONGARNISHEE(S), as garnishee, 20 SPORTING GREEN DRIVE, MECHANICSBURG, PA 17055 (Specifically describe property) and to notify the garnishee that ALL PROPERTY OF THE ABOVE-NAMED DEFENDNAT(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 #, 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). (a) an attachment has been issued; 1 (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $45,604.68 Interest $11,269.83 Attorney's Comm. Attorney Paid $75.50 Date: 09/30/14 (Seal) REQUESTING PARTY: Name : MICHAEL R. LESSA, ESQUIRE Address: AMATO, KEATING AND LESSA, P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 88617 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary TRUE Cis" F7.y-`,m RECORD In Testimony whereof, I here unto set my hand and the eal .o'` said Ce aattCCarlisle, P a. This Ak day of _-c' "7' " thonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 2 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY iL L� int r THE PHO1 HO DEC 15 PM J, 05 I: U fBERL AND COUNTY PENNSYLVANIA Wayne Richard vs. Michael Barrett d/b/a Barrett Company (et al.) Case Number 2010-5281 SHERIFF'S RETURN OF SERVICE 10/09/2014 10:51 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Americhoice Federal Credit Union, 20 Sporting Green Drive, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Carrie Dehart, Customer Service Representative, personally six copies of interrogatories together with six true and attested copies of the Writ of Execution (three per defendant) and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 9, 2014 to Michael Barrett d/b/a Barrett Company, 706 Moores Mountain Road, Mechanicsburg, PA 17055 and to Barrett Company, Inc., at 706 Moores Mountain Road, Mechanicsburg, PA 17055. 12/15/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. Plaintiffs attorney did collect $ 5,000.00 toward the judgment. SHERIFF COST: $202.52 SO ANSWERS, December 15, 2014 RONNY R ANDERSON, SHERIFF .SO .-L ted 0 3/Y &3Y (c) CountySuito Sheritt, "releosof;, Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WAYNE RICHARD Plaintiff vs. MICHAEL BARRETT d/b/a BARRETT : No. No 10-5281 COMPANY and BARRETT COMPANY, INC. : : CIVIL ACTION Defendant(s) AMERICHOICE FEDERAL CREDIT UNION : Garnishee PRAECIPE TO DISCONTINUE AGAINST GARNISHEE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above -captioned matter against AMERICHOICE FEDERAL CREDIT UNION, Garnishee, ONLY, without prejudice. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM C -)IL* 3& An 3S