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HomeMy WebLinkAbout11-0026 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. DIVISION TRANSPECOS BANKS, Plaintiff, 1l hh vs. No. 1~ - ~ l~ C ~ • 1 '~ MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant. THIS PARTY: V ~ ~lll L PRAECIPE TO FILE ~ ~~ FOREIGN JUDGMENT ~~ _ `- `-t ~ ~ ~,~ --z-~~. r ;.7.~ FILED ON BEHALF OF ""~ ~'i ~''~~ ~" ~ F`:7 ~`~'~ Plaintiff(s) „~~ c:: f_: c-a COUNSEL OF RECORD OF ~'' ° NICHOLAS D. KRAWEC, ESQUIRE PAID #38527 SHAWN P. MCCLURE, ESQUIRE PA ID #205951 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO.00074506 ~a9.oo Pa Arrt ~f1i~Fl.~3 (Z~o?63 - 3 ~ l~la-hce Moklao! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant. Civil Action No. ~ ~ -°~'(O ~~~ ~ ~~ PRAECIPE TO FILE FOREIGN JUDGMENT TO THE PROTHONOTARY: Please file the enclosed certified transcript of Judgment of the State of Texas and County of Hudspeth in accordance with Section B of the Uniform Enforcement of Foreign Judgment Act (42 Pa. C.S.A. §4306), and also mail notice of the filing of the Judgment to the Judgment-debtor at the address shown on the attached verification. Amount of Judgment computed as follows: Principal Amount of Judgment $56,300.15 Prejudgment interest $ 703.10 Paid on account $ Attorneys' fees $ 1,587.50 Prior Costs $ Total Judgment $58,590.75 Date t ZL I ~~ BERNSTEIN LAW FIRM, P.C. By: Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant. Civil Action No. AFFIDAVIT Before me, the undersigned authority, personally appeared Shawn P. McClure, Esquire, who, being duly sworn according to law deposes and says that he is Attorney for Plaintiff, that he is duly authorized to make this Affidavit, that the Judgment Creditor is, TRANSPECOS BANKS; that the last known address of the Judgment Creditor is c/o Bernstein Law Firm, P.C., Suite 2200 Gulf Tower, Pittsburgh, Pennsylvania 15219; and that the last known address of the Judgment Debtor is, 706 Moores Mountain Road, Mechanicsburg, Pennsylvania 17055; that the Foreign Judgment is valid, enforceable and unsatisfied, and that the facts set forth in the foregoing Praecipe are true and correct to the best of the undersigned's knowledge information and belief. Sworn to and subscribed before me this I J Shawn P. McClure, Esquire VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, that the undersigned is the attorney for the Judgment Creditor, TRANSPECOS BANKS ;that the last known address of the Judgment Creditor is c/o Bernstein Law Firm, P.C., Suite 2200 Gulf Tower, Pittsburgh, Pennsylvania 15219; and that the last known address of the Judgment Debtor is, 706 Moores Mountain Road, Mechanicsburg, Pennsylvania 17055 ;that the Foreign Judgment is valid, enforceable and unsatisfied, and that the facts set forth in the foregoing Praecipe are true and correct to the best of the undersigned's knowledge information and belief. T~II~TATE OF TEXAS COUNTY OF HUDSPETH I, ABIGAIL ORTEGA, Clerk of the District Courts, within and for the State and County aforesaid, do hereby certify that I have compared the annexed and foregoing copy of: DEFAULT JUDGMENT with the original now on file and of record in my office, and in my custody as Clerk, in that certain cause number 4010-205 in said Court, wherein TRANSPECOS BANKS vs. MICHAEL BARRETT, Individually and d/b/a BARRETT LAND & CATTLE IN THE 205TH JUDICIAL DISTRICT COURT OF HUDSPETH COUNTY, TEXAS And same is a true and correct copy of said original. 1 (' IN WITNE~ 0~,~ have hereunto set my name and affixed the seal of said Court at Sierra Blanca, in said State and County, this 1st day d~t , 20~ , `~~ ~ ,,, 1 ~ ~' - , / ~ ~' ~~ ~ ~~ ~ ABI L ORTEGA, CL DISTRICT COURTS '~ `` HUDSPETH COU ,TEXAS A' ~ ..w. ,.~ ~ ,~ . l M~'03~1 THE STATE OF TEXAS COUNTY OF HUDSPETH I, KATHLEEN H. OLIVARES Judge presiding in the 205 Judicial District Court, within and fox the State and County aforesaid, do hereby certify that ABIGAIL ORTEGA, whose name is subscribed to the foregoing certificate of attestation, now is, and was at the time of signing and sealing the same, the Clerk of said Court whereof I am the Judge, and the keeper of the records and seal thereof, duly elected, co~nir~sioned an qualified as such Clerk. The signature to the above certificate is in her handwriting, and said attestation is in due from~o~,~i~~ y the proper officer. IN WIT SS REO~,~ave hereunto set my name and affixed the seal of said Court at Sierra Blanca, in said State and County, -- , This ,ls day _ ~~ ~~ ~ / /~ . ' ,,. ~~(l ~( i`,.~ ? GE PRESIDING IN THE 205TH DISTRICT COURT + ' ` HUDSPETH COUNTY, TEXAS THE STATE OTt 'TEXAS COUNTY OF HUDSPETH I, ABIGAIL ORTEGA, Clerk of the District Court, within and fox the State and County aforesaid, do hereby certify that HONORABLE KATHLEEN H. OLNARES, who signed the foregoing certificate, is the duly commissioned, acting and qualified Judge presiding in the 205TH District Court of Hudspeth County, Texas, whereof I am the Clerk, and the signature to the foregoing certificate is in his/hex handwriting. IN WITNESS WHEREOF, I have hereunto set my name and affixed the seal of said Court at Sierra Blanca, in said State and County, this 1st day of July, 2010. ~ ~~ T f,p ~ `~, ~ ~? ~ ~ ABIG ORTEGA, C DISTRICT COURTS ~I ~ UDSPETH C ,TEXAS ~ ~ c~ ,•~ e, N~Di~~ CAUSE NO. 2009-4010 TRANSPECOS BANKS Plaintiff, v. MICHAEL BARRETT, Individually and d/b/a BARRETT LAND & CATTLE Defendant. § IN THE DISTRICT COURT § OF HUDSPETH COUNTY § 205`'' JUDICIAL DISTRICT DEFAULT JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: On this date, came on to be heard the Plaintiff TRANSPECOS BANKS's request for entry of Default Judgment. The Court has reviewed the file and finds that Defendant, MICHAEL BARRETT, Individually and d/b/a BARRETT LAND & CATTLE, although duly cited to appear and answer herein, has failed to file an answer in the time allowed by law. The Court further finds that the return of the process server has been on file for more than ten (10) days as required by law. The Court has considered the pleadings and official records on file in this cause, and the evidence, and is of the opinion that judgment should be rendered for TRANSPECOS BANKS, Plaintiff, as against MICHAEL BARRETT, Individually and d/b/a BARRETT LAND & CATTLE. It is, therefore, ORDERED, ADJUDGED AND DECREED that TRANSPECOS BANKS, Plaintiff, recover from Defendant, MICHAEL BARRETT, Individually and d/b/a BARRETT LAND &,,,~~~~„1c~T'c ,,,,h.~~.......... oti.. ~ ` CATTLE, judgment for: = *: oa S ~ `: a. Actual dama es of $56 300.15. s r,a ~" g ~ F I L E ti~a~N,,,, IN DISTRICT COUR1""""""'~° b. Prejudgment interest in the amount of $703.10. SEP ~~ 7 2[)fi9 ~'' 9 A CERTIFIED COPY Des , e , udspe n ,Texas * ~ f t peputy -- a ABIGAIL ORTEGA, DISTRICT CLERK ~ S HUDSPETH+000NTY, TEXAS ~`IJ~~_ PAGE OP dC c. Postjudgment interest at 6% which is minimum rate specified in the contract. d. All Costs of Court. e. Attorney fees in the amount of $1,587.50 for services rendered through the entry of judgment; in the event that Defendant unsuccessfully appeals to the Court of Appeals, then Plaintiff shall be entitled to recover an additional amount of $10,000.00 in attorney's fees; in the event that a Petition for Review is granted by the Texas Supreme Court wherein Defendant is ultimately unsuccessful, Plaintiff shall be entitled to an additional award of attorney's fees in the amount of $6,000.00. IT IS FURTHER ORDERED that Plaintiff shall have all writs and other process necessary to enforce this judgment. All relief not expressly granted herein is denied. SIGNED on this the~7 day of , 2009. JUDGE os~"~ T ~9 A CERTIFIED COPY * * ABIGAIL ORTEGA, DISTRICT CLERK ,ems S a HUDSPET~H~COUNTY, TEXA/~S '~N PAGE fG.~..OF ,.~L • ~ 1 ~ ~ . HUDSPETH COUNTY CAUSE No.: CV-4010-205 INDE ]NDEX -HUDSPETH COUNTY Page ~_ OF L ' ~ iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. No• Ip - 021 CivilT~'Mt PRAECIPE FOR WRIT OF EXECUTION MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, FILED ON BEHALF OF ~ Defendant ~_ --, '`~ . Plaintiff(s) ~ ~, z-r; -~. rn ~~ ~. ~ ~ ~~ COUNSEL OF RECORD OF ~ ~ ~ ~ ~ THIS PARTY: ~~~ ~ ~.~,~ yam, ~, ESQL KRAWEC NICHOLAS D ~ ~, ~ ~ ~= , . PA ID #38527 ~ ~ -- - - . ,.. SHAWN P. MCCLURE, ESQUIRE PA ID #205951 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO.00074506 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant. Ccv~ ~ T~'"'"'` Civil Action No. ~ ` -a. (p PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Defendant: MICHAEL BARRETT BARRETT LAND & CATTLE 706 Moores Mountain Road Mechanicsburg, PA 17055 3. against Garnishee: 4. JUDGMENT Interest from 9/18/09-11/29/10 Poundage SUBTOTAL: Costs (to be added by Prothonotary): Date: ~L/, ~ /D + aa. o~ pD A-tTy as •~ Cif d~ " .~ ~5. 5~ P~ A-rrY X1,00 ~ ~ .50 [a.. C~ ~ 141v43 ~~ a.5313~ llJritvQ~jc ~ $56,300.15 $ 4,044.36 $ 1,206.89 $61,551.40 BERNST LAW FIRM, P.C By: Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO. 00074506 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-26 Civil CIVIL ACTION -LAW TO THE SHERIFF OF y nr ~ COUNTY: To satisfy the debt, interest and costs due TRANSPECOS BANK, Plaintiff (s) From MICHAEL BARRETT, 706 Moores Mountain Road, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $56,300.15 L.L. $.50 Interest from 9/18/09 - 11/29/10 - - $4,044.36 Atty's Comm Atty Paid $55.50 Plaintiff Paid Date: 01/04/2010 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Poundage - - $1,206.89 By: Name SHAWN P. MCCLURE, ESQUIRE Address: BERNSTEIN LAW FIRM, P.C. FIRM #718 SUITE 2200 GULF TOWER PITTSBURGH, PA 15219 Attorney for: PLANTIFF Telephone: 412-456-8100 Supreme Court ID No. 205951 Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-26 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TRANSPECOS BANKS, Plaintiff (s) From MICHAEL BARRETT, INDIVIDUALLY AND D/B/A BARRETT LAND & CATTLE, 706 MOORES MOUNTAIN ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 127 KIM ACRES DRIVE, MECHANICSBURG, PA 17055 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $36,300.15 Interest FROM 9/18/09 - $8,903.14 Atty's Comm % Arty Paid $194.15 Plaintiff Paid Date: 6/11/12 (Seal) L.L. $ Due Prothy $2.25 Other Costs -1 14aL?? David D. Buell, Prothonotary J-4'0'-L-0 P - Deputy REQUESTING PARTY: Name : SHAWN P. MCCLURE, ESQUIRE Address: BERNSTEIN LAW FRIM SUITE 2200 GULF TOWER PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-456-8100 Supreme Court ID No. 205951 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ft0. TRANSPECOS BANKS, X 12 JUN I I PM C' Plaintiff, CU BERLN D COUNT'' ENNSYLVANIA VS. No. 11-26 MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, - j6 4 ' 1At Yes M}• t Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. Y PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County- 2. against Defendant: 3. against Garnishee: PNC Bank 127 Kim Acres Drive, Mechanicsburg, PA 17055 4. JUDGMENT Payments Interest from 9/18/09 SUBTOTAL: Costs (to be added by Prothonotary): $56,300.15 tS 34,360, $20,000.00 --4P $ 8,903.14 ` $46,329.29 BERNSTEIN/ " W FIRM, P.C. Date: 2- C) cam} saa. ) I P. 14-> c? 1 °f Y. IS By: ` - aq, @o C9 L1. do Shawn P. McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO. 00074506 s 2.*S-Dac to. a #112U 0 P4 -I -I Lou Wf it 6f' 4c T,5yveJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. ;MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, No. 11-26 cam.. PRAECIPE FOR WRIT OF `A EXECUTION FILED ON BEHALF OF a 77w Plaintiffs ° W 4 COUNSEL OF RECORD OF THIS PARTY: Garnishees. SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOWSKI, JR., ESQUIRE PA ID #311415 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0074506 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, t vs. o PA 1 hog oor?el` M MICHAEL BARRETT, individually and ch/a BARRETT LAND & CATTLE, No. 11-26 Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of York County: 0 i ia. is CSF aq. co a4. 00 0'14. Do " aa3. is- pb " 2. against Defendant: 3. against Garnishee: Integrity Bank 18 S. George Street, York, PA 17401 4. JUDGMENT Payments Interest from 9/18/09 Poundage SUBTOTAL: Costs (to be added by Prothonotary): e: ?? r5 G Dat $20,000.00 0 $ 8,903.14 $ 1,126.00 $46,329.29 ? a. as Pa A"I LAW FIRM, P.C. BERNSTEI By: Shawn . McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower ??02 Pittsburgh, PA 15219 001609(f/ BERNSTEIN FILE NO. C0074506 lorrt J&St'Co? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-26 Civil CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due TRANSPECOS BANKS, Plaintiff (s) From MICHAEL BARRETT, individually and d/b/a MARRETT LAND & CATTLE, 706 Moores Mountain Road, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: INTEGRITY BANK, 18 S. George Street, York, PA 17401 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $36,300.15 L.L. $ Interest from 9/18/09 -- $8,903.14 Atty's Comm % Due Prothy $2.25 Atty Paid $223.15 Other Costs-Poundage: $1,126.00 Plaintiff Paid Date: 6/11/12 L- Da ' uell, onotary (Seal) By: Deputy REQUESTING PARTY: Name : SHAWN P. McCLURE, ESQUIRE Address: BERNSTEIN LAW FIRM PC SUITE 2200 GULF TOWER PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-456-8100 Supreme Court ID No. 205951 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson = Sheriff 01 1 41 Ifth }/Frj ? , s + r ° `f ?' Jody S Smith Chief Deputy ? „' Et l Richard W Stewart Solicitor OFF ICE OF I 5r ,ERIFF 1) 'y U-1 . Transpecos Banks Case Number vs. 2011-26 Michael Barrett (et al.) SHERIFF'S RETURN OF SERVICE 06/15/2012 11:29 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 15, 2012 at 1129 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michael Barrett, individually and D/B/A Barrett Land & Cattle, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Beth Ann Eppley, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on June 18, 2012 toMichael Barrett i/a/d/b/a Barrett Land & Cattle, 706 Moore's Mountain Road, Mechanicsburg, PA 17055. SO ANSWERS, June 18, 2012 RON R ANDERSON, SHERIFF Noah Cline, Deputy cj GountySuite Shenff, Ielsasoft, Ic;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRANSPECOS BANKS Plaintiff, VS. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE Defendant, and PNC BANK, Garnishee C- CIVIL ACTION Z NO.: 11-26rn-?.r`?*, C r _ c t <° xo v q r{ ar' c ?? ...gym ANSWERS TO INTERROGATORIES< IN ATTACHMENT Filed on behalf of PNC Bank, National Association IJoel B. Gold, Esquire Sr. Counsel for PNC Bank, National. Pa. I.D. #42090 PNC Bank, National Association Firm #862 One PNC Plaza, 20th Floor 249 Fifth Avenue Pittsburgh, Pennsylvania 15222-2707 (412) 762-2801/6763 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRANSPECOS BANKS CIVIL ACTION NO.: 11-26 Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE Defendant, ANSWERS TO INTERROGATORIES IN ATTACHMENT and PNC BANK, N.A. Garnishee ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank, N.A. the Garnishee (`Bank"), files this response stating as follows: 1. No. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. WHEREFORE, PNC Bank, N.A. does not admit to holding property of or owing a debt to I judgment: defendant. Respectfully submitted, PNC BANK, NATIONAL ASSOCIATION f,,1, J B. ald Lit/garnishee answers/Barrett, Michael-Barrett Land & Cattle 07132012 VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and t h a t these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unworn falsification to authorities. RE: Transpecos Bank vs Michael barrett dba Barrett Land & Castle DOCKET NO.: 11-26 Theresa A Dusch Team Lead, Garnishment Processing Position DATE: July 13. 2012 Lit-233946.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 r-n rn C - mar= - cZn r' r -- 0 -c?'' as -to A O Z 3i? r 4 5- tr° Ln PRAECIPE FOR JUDGMENT AGAINST GARNISHEE, PNC BANK BY DEFAULT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOWSKI, JR., ES PA ID #311415 BERNSTEIN-BURKLEY, P.C. 707 Grant Street Suite 2200 - Gulf Tower Pittsburgh, PA 15219 412-456-5100 BERNSTEIN FILE NO. C0074506 Q`n"? ??l0`50 ?? 4coc??? 41y1 Nb?'cp We a? U lUd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 PRAECIPE FOR JUDGMENT AGAINST GARNISHEE. PNC BANK BY DEFAULT TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, PNC BANK, for failure to answer the in Attachment as served by the Sheriff of Cumberland County. Kindly enter Judgment in an amount pursuant to PA.R.C.P. 3146. BERNS -BU Z- Shawn PCBy: P. McClure, Esquire PA ID #205951 Attorney for Plaintiff 707 Grant Street Suite 2200 - Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 I hereby certify that the address of the Plaintiff is: c/o BERNSTEIN-BURKLEY, P.C., Suite 2200 Gulf Tower, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 127 Kim Acres Drive, Mechanicsburg, PA 17055 c/o Joel B. Gold, Esquire, One PNC Plaza, 20th Floor, 249 Fifth Avenue, Pittsburgh, PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. TO: PNC Bank 127 Kim Acres Drive Mechanicsburg, PA 17055 Date of Notice: July 6, 2012 No. 1 1-26 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES O OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DA FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHO D TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORM TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 BERNSTEIN-BURKLEY, P.C. By: /s/ Shawn P. McClure Shawn P. McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN-BURKLEY FILE NO. 00074506 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. No. 11-26 MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. IMPORTANT NOTICE TO: PNC Bank c/o Joel B. Gold, Esquire One PNC Plaza, 20"' Floor 249 Fifth Avenue Pittsburgh, PA 15222 Date of Notice: July 6, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAR PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES O OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DA FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHO TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORM ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 BERNSTEIN-BURKLEY, P.C. By: /s/ Shawn P. McClure Shawn P. McClure, Esquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN-BURKLEY FILE NO. 00074506 TION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee Your are hereby notified that the following Order or Judgment was entered against you on F (xx) Assumpsit Judgment in an unliquidated amount, plus costs. O Trespass Judgment in the amount of $ plus costs. O If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. PNC Bank (xx) Entry of Judgment of 127 Kim Acres Drive ( ) Court Order Mechanicsburg, PA 17055 ( ) Non-Pros ( ) Confession ( x ) Judgment Against Garnishee Prothonotary w By: '? PROTHONOTARY (OR DEPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee Your are hereby notified that the following Order or Judgment as entered against you on ) la (xx) Assumpsit Judgment in an unliquidated amount, plus costs. O Trespass Judgment in the amount of $ plus costs. O If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. PNC Bank (xx) Entry of Judgment of c/o Joel B. Gold, Esquire ( ) Court Order One PNC Plaza, 201h Floor ( ) Non-Pros 249 Fifth Avenue ( ) Confession Pittsburgh, PA 15219 ( x ) Judgment Against Garnishee Prothonotary By: Z3, PROTHON Y (OR DEPUTY) W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 C-- - --? -urn xo c? °F' te PETITION TO STRIKE JUDGMENT AGAINST GARNISHEE, PNC BANK ONLY FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOWSKI, JR., ESQUIRE PA ID #311415 Bernstein-Burkley, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 co 614x04 BERNSTEIN-BURKLEY FILE NO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 PETITION TO STRIKE JUDGMENT AS TO GARNISHEE, PNC BANK ONLY AND NOW comes Plaintiff, by counsel, Bernstein-Burkley, P.C. and petitions this Honorable Court to enter an Order, striking the Judgment entered against Garnishee, PNC Bank only on the grounds that said Garnishee filed Answers to Interrogatories, and default judgment therefore was erroneously entered against said Garnishee. WHEREFORE Plaintiff petitions this Honorable Court to enter an Order striking the Judgment against Garnishee, PNC Bank only in the above captioned matter, based upon the above defect appearing on the face of the record. BERNST -BURKLEY, P.C. _A / By: Shaw P. McClure, Esquire PA ID #205951 Attorney for Plaintiff 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN-BURKLEY FILE NO.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 CERTIFICATE OF SERVICE I, Jennifer L. Tis, Esquire, hereby certify that a true and correct copy of the foregoing PETITION TO STRIKE JUDGMENT AS TO GARNISHEE, PNC BANK ONLY was served on the Defendant and uK, Garnishees by regular U.S. Mail, postage prepaid, this - -/ day of July, 2012, address as follows: Michael Barrett Barrett Land & Cattle 706 Moores Mountain Road Mechanicsburg, PA 17055 PNC Bank 127 Kim Acres Drive Mechanicsburg, PA 17055 PNC Bank c/o Joel B. Gold, Esquire One PNC Plaza, 20`h Floor 249 Fifth Avenue Pittsburgh, PA 15222 Integrity Bank 18 S. George Street York, PA 17401 Shaw" P. McClure, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, n vs. No 11-26 G ? es MICHAEL BARRETT, individually and -t d/b/a BARRETT LAND & CATTLE, -a 'Jon me Defendant, n _4 c3 and INTEGRITY BANK and PNC BANK, Garnishees. PRAECIPE TO SETTLE, AND END AS TO GARNI BANK ONLY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS' PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOWSKI, jJR., PA ID #311415 Bernstein-Burkley, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN-BURKLEY FILE NO. CU[f'745 o ? Oil 515204.doc n L ; tS lam. 141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRrrY BANK and PNC BANK, Garnishees. No. 11-26 PR_m= TO SETTLE. PL QNTIINC-- ?. AM END AS TO GARN HTE, PC=RITV BALK ONLY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue, and End the above-captioned matter upon the records of the Court and mark the paid as to Garnishee, Integrity Bank, only. Commonwealth of Pennsylvania County of Allegheny Sworn to and before me thi of July, ;0) 2 `• 7 r aan.? NOTAWL SEAL LINDA BOYLE Noury Public PITTSOGN CITY, AILEGIENY COUNTY MIr C l *kn Oct 29.2015 51 BERN -B By: Sha P. McClure, Esquire PA ID #205951 Attorney for Plaintiff 707 Grant Street Suite 2200 - Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 87/13/2812 18:31 717-718-8881 INTEGRITY BANK PAGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISfON TRANSPECOS BANKS, Plaintiff, vs. No. 11-26 w MICHAEL BARRETT, iu"daall and Y INOGATQRT€g IN - ? ? d/b/a BARRETT LAND & CATTLE ATTACHl1 I' ,- . Defendant, FII. ON S FHALF OF Plaintiff(s)' r,F and x. WEGRITY BANK and PNC BANK, COUNSEL OF RECORD OF ru THIS PARTY: xGarnishees. SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. T23, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOW$KI, JR.!, ESQUIRE PA ID #311415 Bemstetiin Law Fiurm, P.C. Firm #718 Suite 2200 Guff Tower PiKtsbutgh, PA 15219 412-456-$100 r-; r DETEIN FH,E NO. CW45 82/85 07/1312012 10:31 717-719-8001 INTEGRITY BANG PAGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'TY' PE gNSYLVANIA CIVM DIVISION TRANSPECOS BANKS, Plaintiff, "S. No. 11-26 MIC RAEL BART r, individually and d/b/a BARRI~"fT LAND dt CATTLE, P.O. Boa 219 Camp Hill, PA 17401 Defendant. ` Suggested Reference No. r,, .? . pubdo to TO: haegt ty Bank 18 S. George Street York, PA 17401 You are required to Mile answers to the following interrogatories within twenty (20) days aRgr service upon you. Failure to do so may result in judgment against yon: I . At the time you were served or at any subsequent time did you vale the d0en dart any stoney or wq0 you liable to the defendant on any negotiable or other written insa ua nt, or didAhe detendant elahn that You awed the defendant any money or were liable to else d fors on? b 4 ha is gCrW 4 -I Qo3o$- w Ci ba lore b, 0t Sir Zntrl-I Bo t 3 a 1 D Aee r x - Y A*rd, r1c 2. At the time you wore saved or at anx subs T any equeart time was there in your poas+,., . custody, or control or in the joint possession, custody or control of yourself and one or more perso any property of any nature owned solely or m part by the defendant? S qtjPs " 9-1 3. At the time you were served or at any subsequent time did you bold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held orclaimed interest? see a h st•Rt- AG TvEft ? P 03/05 07/13/2012 10:31 717-718-8081 INTEGRITY BANK PAGE 4• At the time you were seared interest? at I?mlftty in which the defendant had as intere any subsequent time did you hold as fiduciary any No 5. At any time before ox after you were serval did the ddenda property to you of to any person or glace pursuant to our uat transfer or d?elivr,y consideration therefore? y demon or comew and if so whatA VMS the f rxlA4 i n {,a( (4 A trr}r ?.x/(SF fi cX ^? Q ?/(?-? (),Q ?,/?t'(? ?,?.`??f fit `' '?! LbreC?tgn 03 qn tIAL, J81-V- 6. Al any time after you were served did You Pay, trawler or deliver any Mm*y or pmpw to the ddendant or to any person or Place Pursuant to the defendant's diftcGion or othexMie discharge claim of the deefendsm against you? /VG 7. If you are a bank or other fmancial institutian, at the time you were served of at any subsequent time did the "Iwdmt have on deposit in an account in which finds are deposited fi=n execution. CU a recurring basis and which are ideaffled as being fug that Von de t are exempt levy ox Waimmi under Pe ansylvsnia or federal law? N so, dent fy mb edcoemt and state Ile mum for the exemption, the amount being withheld under each ex elfin y depositing those funds on a recurring basis. ptlon and the entity See COS L'? 8. If you are a bank or other fi uanciai institution, at the time you were served or at any sub"Went time did tiro defendant have funds on deposit in an account in wbch the funds account in which the fund son deposit, not including eny odm wise ex on deposit in enP( so, finWs did not ex the amount of the general moaatary exemption under 42 Pa.C.S. $123? If ems„ Wit. S(-V "9L,* '17b ?L)6 t?gn 1 $ IN LAW FBIM. P.C. BY= Shawn P. McClure Bsquire PA ID #205951 Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-Sloo BERNSTM FmE No. Co@76375 84/05 07/13/2812 18:31 717-718-8001 INTEGRITY BANK PAGE 7U uudit3igned does hereby vaify under penalty of L petjory, that helsrx? is the icgap r?,??,cst of 1'r 6•. Garnishee herein, that he/she is duiv a"rt,fw;vm make this Veliftcatim and that the facts cornet to the begirt of histher knowled set forth in the foregoing 1NTERROGAMRII?S are hue 05/85 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 CERTIFICATE OF SERVICE I, Shawn P. McClure, Esquire, hereby certify that a true and correct copy of the foregoing PRAEC#PE TO SETTLE, DISCONTINUE, AND END AS TO GARNISHEE, INTEGRITY BANK ONLY was served Ion the h Defendant and Garnishees by regular U. S. Mail, postage prepaid, this A day of July, 2012, addlressed as Michael Barrett Barrett Land & Cattle 706 Moores Mountain Road Mechanicsburg, PA 17055 PNC Bank 127 Kim Acres Drive Mechanicsburg, PA 17055 PNC Bank c/o Joel B. Gold, Esquire One PNC Plaza, 2& Floor 249 Fifth Avenue Pittsburgh, PA 15222 Integrity Bank 18 S. George Street York, PA 17401 Shawn P. McClure, 515204.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. 514653.doc No. 11-26 c d te `j r - C ) 77 om -c PRAECIPE TO SETTLE, DISCONTINUE, AND END AS TO GARNLSWE, AMC BANK ONLY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS'' PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOWSKI, JR., PA ID #311415 Bernstein-Burkley, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN-BURKLEY FILE 45 . C Q i °sp` a 9* Q ' s 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 PRAFCWE T(Ul" DLSCONTIN 3E, AND END AS TO GARI\1MEL PNC BA1?K nNLY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue, and End the above-captioned matter upon the records of the Court and mark the paid as to Garnishee, PNC Bank, only. Commonwealth of Pennsylvania County of Allegheny Sworn to and subsc 'bed before me thi y of J 12 Notary Public 514 NO TARIAL S14t UNDA 1'lE G" c my co E OWNY Comm 00 29-2015 Sha 1P.Mcclure BEB , P. C. By: , Esquire PAID #205951 Attorney for Plaintiff 707 Grant Street Suite 2200 -Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 Jul. 13. 2412 4:23PM PNC BANt No, 9114 P, 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI TA TRANsPECOS BANKS Pla?i? VS. MIGRAHL BARRE TT, inftdually and Wx BARRETT LAND & CATTLE Defendant, and PNC BANK, . Gandshce CML ACTION NO.: I1-26 ANSWERS TO INTERROGATORM IN ATTACHMENT Filed on behalf of PNC Bank National Amochfion Joel B. Gold, Esquire Sr. Counsel for PNC Be* National Asation Pa. LD, #42090 PNC Bank, National Amocistion Firm #862 One PNC Plaza, 2& Floor 249 Fifth Avenue Pittsbu , Pen WIvania 15222-2707 (412) 762-2801/6763 (faosimite) Ju1.13. 2012 4.23PM PNC 9AN< No. 9114 P. 4 IN T IE COURT OF COMMON PLEAS OF CUMBER.LAM COUNTY, PENNSYLVANIA 1 RAN MOS BkAM Pl dwf& V& MICHAEL BARRE'fT. iu&Adw* and d/b/a BARRM LAND & CATTLE Defondmnt, and PNC BANK, N.A. Gamine CIVIL ACTION NO.:1 Y-26 ANSWERS To mERPt00ATt3pps IN ATTACHMENT AND NOW, PNC Bank, N.A. the Ownishee ("Bank'), files this nssponsa stating as follow: i . No. 2. No. 3. No. 4. No. S. No. 6. No. 7. No. 8. No. Jul. 1?. 2012 4:23PM PNC BAN{ No-9114 P. Pj WBEMORE, PNC Back, N.A. dots not admit to holding pmperty of or owing a dlek to the judwent ddmdauL RespwtWy sttWa4 PNC BANK, NA77ONAL Al ociAnow ?; Ip 1r» answen/??rre1R ?Ha»ep Lmd & CWk 07132412 Jul.13. 2612 4.23PM PNC BAN< No. 9114 P. 6 JM-* TM"PMW SW* ve AW boast! Me Brno LoW A emw HOC' NO.? 11-26 Theme A Dowh TIMM LM& mina Position DA7R- _bft 13, 2012 Lit 2,3396.1 i i I 3 E i F jF 1 t 3 1 E e i ?a. i{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 CERTiFI _ATE OF SERVICE I, Shawn P. McClure, Esquire, hereby certify that a true and correct copy of the foregoing PRAEC? E TO SETTLE, DISCONTINUE, AND END AS TO GARNISHEE, PNC BANK ONLY was served on the 4N^ Garnishees by regular U. S. Mail, postage prepaid, this day of July, 2012, addressed as follows: Michael Barrett Barrett Land & Cattle 706 Moores Mountain Road Mechanicsburg, PA 17055 PNC Bank 127 Kim Acres Drive Mechanicsburg, PA 17055 PNC Bank c/o Joel B. Gold, Esquire One PNC Plaza, 2e Floor 249 Fifth Avenue Pittsburgh, PA 15222 Integrity Bank 18 S. George Street York, PA 17401 A Shawn P. McClure, and 514653.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant, and INTEGRITY BANK and PNC BANK, Garnishees. No. 11-26 ORDER OF COURT Z r 1'Tt C . m C) ° -, AND NOW, to wit, this ? , 2012, upon consideration of the record and Plaintiff's foregoing Petition, it appearing from the record that an Answer was filed by Garnishee, PNC Bank only and that Default Judgment against said Garnishee, PNC Bank was improvidently entered, it is hereby ORDERED, ADJUDGED AND DECREED that the Default Judgment entered against Garnishee, PNC Bank only, and is hereby STRICKEN and DISCONTINUED. .i' M ? A4 e l &r rre4q V PA)C 3a rte" La ,.a( 4 6-i#-e 8 ern S4ei h Lao e r n A,4t"- BY THE COURT: 9 soP<. G?2-+? 6yGGG f a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant. No. 11-26 e- .z m -' c j - CD T1 % =c) ??n.. C= - -, -< cam' C> PLAINTIFF'S MOTION TO COMPEL RESPONSE TO PLAINTIFF'S INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P WENDOLOWSKI, JR., ESQUIRE PA ID #311415 Bernstein-Burkley, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8114 BERNSTEIN FILE NO. C0074506 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. No. 11-26 MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant. AND NOW comes Transpecos Banks ("Plaintiff'), by counsel, Bernstein-Burkley, P.C., and moves this Honorable Court to enter an Order, directing Michael Barrett i/d/b/a Barrett Land & Cattle ("Defendant") to respond to Plaintiff s Interrogatories for Discovery of Assets in Aid of Execution within ten (10) days, averring in support thereof the following: 1. On August 4, 2012, Plaintiff served on Defendant Plaintiff s Interrogatories for Discovery of Assets in Aid of Execution. 2. Responses to Plaintiffs Interrogatories for Discovery of Assets in Aid of Execution were due on or before September 4, 2012. 3. Plaintiffs counsel attempted to confer and resolve this discovery dispute without court action, but was unable to resolve the dispute. 4. No issue in this case has been heard or ruled upon by any judge. WHEREFORE, pursuant to Pa.R.C.P. 4019(a), Plaintiff respectfully requests this honorable Court to enter an Order of Court directing the Defendant, Michael Barrett i/d/b/a Barrett Land & Cattle to respond to Plaintiff s Interrogatories for Discovery of Assets in Aid of Execution within ten (10) days. BERN IN- Y, P By. Raymon P. Wendolowski, Jr., Esquire PA ID #311415 Attorneys for Plaintiff Suite 2200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1900 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. No. 11-26 MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant. AFFIDAVIT OF NO ANSWERS TO DISCOVERY Before me, the undersigned, personally appeared Raymond P. Wendolowski, Jr., Esquire, who being duly sworn according to law, and subject to the penalties of 18 Pa.C.S. § 4904, deposes and says as follows: On August 4, 2012, Plaintiff's Interrogatories for Discovery of Assets in Aid of Execution were mailed to Defendant via Certified Mail. 2. Attached as Exhibit "A," to this Affidavit is a true and correct copy of the Plaintiff's Interrogatories for Discovery of Assets in Aid of Execution served upon Defendant on August 4, 2012. Said Discovery was returned unclaimed by the postal service, but regular mail was not returned as undeliverable or otherwise. 4. Pursuant to the Pennsylvania Rules of Civil Procedure, Answers to the Discovery were due on or about September 4, 2012. 5. As of the date of the filing of the foregoing Motion, no Answers have been received, nor has Plaintiff's counsel received any objections to the Discovery. Commonwealth of Pennsylvania County of Allegheny Sworn to and before me this of Odtd*r. 20 NOTARIAL SEAL LINDA BOYLE Nohry Public PITTSBURGH CITY, ALLEGHENY COUNTY My Commis" Expirn Oct 29, 2015 . Raym d P. Wendolowski, Jr., Esqu' BMNSIEN-BURMY, A 'usi •,es s ApPft AcH in LEGAL SEwjicE Michael Bantu Barrett Land & Cattle P.O. Box 219 Camp Hill, PA 17001 Re: Transpecos Banks Vs. Michael Barrett Wdlbla Barrett Land & Cattle Cumberland County Civil No. 11-26 B1t? WSMN F1LE NO. 00074506 Mr. Barrett: August 4, 2012 Thank you for taking the time to discuss the above referenced judgment with me. As discussed, my client cannot simply wait without receiving any payment toward this judgment. To that end, enclosed are Interrogatories for Discovery of Assets in Aid of Execution, which have been prepared in accordance with the applicable Rules of Civil Procedure. Full and complete instructions concerning your duty to answer and the penalties for failure to answer am contained in the Intenogatories. Be sure to read them carefully. Note your answers on the Original, which is to be sent to this office, with the Verification properly signed. Under the Rules of Court, we can and will, have our fees and expenses of all discovery Proceedings and Sanction Hearings charged against you as "additional costs". These are costs, that, you must ultimately pay As you will note on the instructions contained within the Interrogatories, you have been provided thirty (30) days within which to file a response to these requests. The Interrogatories must be answered within thirty (30) days from receipt of this letter. Very truly yours, BERN IAW FIRM, P.C. wn P. McClure Enclosure: N• 7t pp 002 Z; ?7 rrr„3b!!lirlldu?r?illr#A??rC?ilNt!?i4?1?1?I ANN 9171 900 0035 0025 7386 17 BE)?JiT? sart.xroaxs? A?®lVIC[?UC?IW To 1104 '.. -.. T4? ?:.4, UNCLAIMED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, VS. No. 11-26 MICHAEL BARREIT, individually and d/b/a BARRETT LAND & CATTLE, Defendant. INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: SHAWN P. MCCLURE, ESQUIRE PA ID #205951 JENNIFER L. TIS, ESQUIRE PA ID #203751 RAYMOND P. WENDOLOWSKI, JR., ESQUIRE PA ID #311415 Bernstein-Burldey, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0074506 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, VS. No. 11-26 MICHAEL BARRETT, individually and dlbla BARRETT LAND & CATTLE, Defendant. TO: Michael Barrett Barrett Land & Cattle P.O. Box 219 Camp Hill, PA 17001 Because you have failed to pay the full amount of the Judgment previously entered against you, the Judgment-Creditor, to whom you are indebted, has a right to attempt to enforce that Judgment by a Judicial Sale (Sheriffs Sale) of your assets; and has a right to inquire concerning the existence and location of those assets. Therefore, pursuant to the applicable Rules of Court, you are required to make full and complete Answers to the questions set forth in the following pages. These Answers must be made in writing, under oath, within thirty (30) days after service upon you. You are warned that, should you fail to do so, the Court may make an Order imposing punishment for Contempt of Court. If you do not understand your duty to Answer these questions, you should consult a lawyer. If you do not have or know a lawyer, then you should go to or telephone the office set forth below to find out where you can get legal help. PORTIONS OF THE APPLICABLE PENNSYLVANIA RULES OF CIVIL PROCEDURE CONCERNING DISCOVERY OF ASSETS IN AID OF EXECUTION "Rule 3117 Discovery in Aid o Execution (a) Plaintiff, at any time after Judgment, before or after the issuance of a Writ of Execution, may, for the purpose of Discovery of Assets of the Defendant, take the testimony of any person, including a Defendant or a Garnishee, upon oral examination or written Interrogatories as provided by the rules relating to Depositions and Discovery... (b) All reasonable expenses in connection with the discovery may be taxed against the Defendant as costs if it is ascertained by the discovery proceeding that he has property liable to execution." (emphasis added) "Rule 4005. Written Interrogatories to a Party (a) ... any party may serve upon any other party the original and two copies of written Interrogatories to be answered by the party served..." "Rule 4006. Answers to Written Interrogatories by a Party (ax 1) Answers to Interrogatories shall be in writing and under oath. The answers shall be inserted in the spaces provided in the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. (ax2) Each Interrogatory shall be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of answer... The answering party shall file and serve a copy of the answers and objections, if any, within 30 days after the service of the Interrogatories..." "Rule 4019. Sanctions (axl) The Court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers, or objections to written Interrogatories under Rule 4005.. (c) The Court, when acting under Subdivision (a) of this rule, may make... (4) an order imposing punishment for contempt..." (emphasis added) "Person[s]" means all natural human beings and artificial entities such aS corporations, joint ventures, associations and other legal entities existing in fact or at law. "Defendant" means each and all of the above captioned judgment debtors and, in connection with artificial persons, includes all predecessors in interest. 1. REAL ESTATE: Does the Defendant have an ownership or interest in any real estate anywhere in the United States? If so, set forth a brief description thereof, include the structure and lot size and type of construction; the location, including the state, county, and municipality; the volume and page number of the official record thereof; and state further whether the defendant owns it solely or together with any other person or persons and give their full names and addresses. Supply the current value of the properties and the basis for the valuation (estimate, tax assessment, appraisal, etc.). If any of the above properties am mortgaged, supply the names and addresses of lenders, the date and amount of the mortgage, where it is recorded, the monthly payments and the balance now due. Also, supply the purchase date, purchase price and the name of the party from whom the property was purchased. RESPONSE: 2. TRANSFERS OF REAL ESTATE: In the six years preceding to the date of these Interrogatories, has the Defendant transferred any real property either by sale, gift, exchange, or otherwise? If so, please give a description of the real estate so transferred, the method or manner of transfer, the name of the person, firm or other entity to whom transferred, the consideration or amount received by the Defendant and the time and place of the transfer. Give places, volumes and pages where transfer documents are recorded. RESPONSE: 3. TRANSFERRED ASSETS AND GIFTS: If, in the preceding six years, the Defendant has transferred any assets (real property, personal property, chose in action), not covered by the immediate preceding Interrogatory, to any person, and/or, if the Defendant has given any gift valued at more than $250.00, of any asset, including money, to any person; set forth, in detail, a description of the property, the type of transaction, and the name and address of the transferee or recipient. RESPONSE: 4. .AGREEMENTS: State whether the Defendant has any agreements involving the purchase of any real estate anywhere in the United States. If so, state with whom this agreement is made, and state whether or not any persons are joined with the Defendant in the agreement. Supply full names and addresses of all parties concerned. If the said agreement is recorded, provide the state and county of recordation, with volume and page numbers. RESPONSE: 5. ACCOUN'T`S RECEIVABLEDEBTS NOTES & JUDGMENTS: State the names and addresses of any and all persons whom the Defendant believes owes the Defendant money and set forth in detail the amount of money owed, the terms of payment and whether or not the Defendant has written evidence of this indebtedness, and if so, the location thereof. Also state if the matter is in litigation, and if so give full details. If the Defendant holds Mortgages or Judgments as security for any of these debts, state where and when such was recorded or entered; and the County, Book, Page number and term where recorded. If the Defendant holds this Judgment or Mortgage jointly with any other person or persons, give their name and address. RESPONSE: 6. INSURANCE: State whether or not the Defendant is the owner of any life insurance contracts. If so, state the persons whose lives are so insured, the serial or policy number or numbers of said contracts, the face amount, the exact name and address of the insurance companies, the named beneficiary or beneficiaries and their present address. If the Defendant owns this insurance jointly with any other person or persons, give their name and address. State whether such policies are term, whole life or some other type of policy. State also whether such policies have any cash value and whether there exist any loans against such policies and, if so state all amounts. RESPONSE: 7. W. MUNICIPAL OR CORPORATE BONDS: State whether or not the Defendant owns individually or jointly any corporate or governmental bands. If so, include the face amount, serial numbers and maturity dates and state the present location thereof. If the Defendant owns any of these Bonds jointly with any other person or persons, give their name and address. RESPONSE: 8. SHARES OR INTEREST: State whether or not the Defendant owns any stocks, shares or interest in any corporation, or unincorporated association or partnership interest, limited or general and state the location thereof. Include the names and addresses of the organizations and the serial numbers of the shares or stocks. If the Defendant owns any of the stocks, shares or interest jointly with any other person or persons, give their name and address. RESPONSE: 9. DEPOSITORY ACCOUNTS: State whether or not the Defendant maintains any checking, savings, or other depository accounts. If so, state the name and location of the depository institution and the branch or branches thereof, the identification numbers of those accounts, and the amount or amounts the Defendant has in each account. If the Defendant maintains any of these jointly with another person, give their name and address. Dates of last deposits and of last withdrawals, as to each account. RESPONSE: 10. SAFETY DEPOSIT BOXES: State whether or not the Defendant maintains any safety deposit box or boxes. If so, include the name of the institution, branch or branches, and the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant maintains any of these jointly with another person, give their full name and address. RESPONSE: 11. PERSONAL PROPERTY: State whether or not the Defendant owns any personal property. Include a full description of all machinery, equipment, inventory, furniture, fixtures, furnishings and any other items of personal property with full description, giving full value and present location. State also whether or not there are any encumbrances or liens on that property and if so, the name and address of the encumbrance or lien holder, the present balance owing on that encumbrance and the transaction which gave rise to the existence of the encumbrance. State where and when the encumbrance or lien was recorded. If the Defendant owns any personal property jointly with any other person or persons, give their name and address. RESPONSE: 12. RENTED PROPERTY: Is any of the property of the Defendant rented to, leased to or otherwise in possession of a third person? If so, state full description of the property; the name and address of the person, film, or other entity who has possession of the property; the circumstances and reason why the property is in possession of the third person; the consideration or payment received by the Defendant; the name and address of the person who receives the rents or other consideration on behalf of the Defendant. RESPONSE: 13. MOTOR VEHICLES: State whether or not the Defendant owns or has any rights in any motor vehicles. Include a full description of each such motor vehicle including color, model, title number, serial number and registration plate number. Also show the name or names in which each motor vehicle is registered, the present value of each motor vehicle and their present location and place of regular storage, garaging or parking. State also whether or not there are any encumbrances on those motor vehicles and if so, the name and address of the encumbrance holder, the date of the encumbrance, the original amount of that encumbrance, the present balance of the encumbrance and the transaction which gave rise to the existence of the encumbrance. If not owned, state the extent of the Defendant's rights in and to such vehicles. RESPONSE: 14. ACCOUNTS PAYABLE LOANS PAYABLE DEBTS NOTES WHICH'THB PEEEIVDANT OWES TO SOMEONE ELSE- State the names and addresses of any and all persons who claim that the Defendant owes than money for any reason. Set forth in detail 'the amount claimed and, j there are any suits, actions, or legal proceedings of any kind against the Defendant pending and undetermined, state the full particulars as to each. However it is not necessary to duplicate the Mortgage information given in response to Interrogatory #1 (REAL ESTATE) and/or the encumbrance information required by Interrogatory #11 (PERSONAL PROPERTY) or interrogatory #13 (MOTOR VEHICLE). RESPONSE: 15. JUDQMfMS: Within the past 48 months, were any judgments on record against the Defendant? a. What amount and where recorded? Give identifying information! RESPONSE: b. Have payments been made on account thereof by the Defendant or by any third party for the Defendant? RESPONSE: C. By what person? RESPONSE: d. Was satisfaction recorded? RESPONSE: C. If answer to item d. is "In the negative", explain why. RESPONSE: 16. Are supplementary proceedings in aid of execution now pending on any of these Judgments? Give Details! RESPONSE: 17. Has any judgment creditor's Execution (enforcement) action been commenced? Give Details! RESPONSE: 18. Where does the Defendant live? a. How long has the Defendant lived there? RESPONSE: b. How much does the Defendant pay for rent, board, services, etc.? RESPONSE: 19. Is the Defendant a member of any social, athletic, or hatem?al organization? Give Identifying information! a. What are the dues? RESPONSE: b. Are they paid? RESPONSE: 20, What salary or income has the Defendant? Identify sow! RESPONSE: 21. What is the occupation of the Defendant? Give full information! RESPONSE: 22. MARUAL STATUS a. Is the Defendant married? Name of spouse? RESPONSE: b. Is the Defendant's spouse employed outside the home? Give details! RESPONSE: C. Has the Defendant a family? RESPONSE: d. How large? Identify all members! RESPONSE: e. How many are dependent on the Defendant? Give names! RESPONSE: f. With whom does the Defendant live? RESPONSE: 23. What money has the Defendant received within the last sixty days from any source, and what has the Defendant done with it? identify sources! RESPONSE: 24. Has the Defendant anything in pawn? If so, give all details! RESPONSE: 25. Has the Defendant made a will? a. When? RESPONSE: b. Describe all property devised in that will and the named recipients. RESPONSE: 26. CREDIT CARDS: As to each credit card issued to the Defendant, give name of issuer and account number. RESPONSE: 27. OTHER ASSTS: If the Defendant has any assets which are not disclosed in the preceding Interrogatories, please set forth all details concerning those assets. RESPONSE: 2g. Is the Defendant incorporated under the laws of the state of Pennsylvania or of any other state? RESPONSE: 29. If the answer to the preceding interrogatory is in the affirmative, state: (a) The State of Incorporation: RESPONSE: (b) The address of its principal place of business and registered office; RESPONSE: (c) The date on which the articles of incorporation were filed with the Secretary of State, RESPONSE: (d) How the corporation was originally capitalized. RESPONSE: 30. What is the name and address and period of service for each person who has acted as the director of the Defendant corporation from the date of incorporation to the date of these Interrogatories? RESPONSE: 31. Has the Defendant corporation had officers at any time from the date of incorporation to the date of these Interrogatories? RESPONSE: 32. If the answer to the preceding Interrogatory is in the affirniative, state; (a) The name and address of each officer; RESPONSE: (b) The period during which each officer served; RESPONSE: (c) The title of the office of each; RESPONSE: (d) The nature of services performed by each; RESPONSE: 33. Has any officer of the Defendant corporation received any salary, fee, or other compensation from the corporation? RESPONSE: 34. If the answer to the preceding Interrogatory is in the affirmative, state: (a) The name and address of the officer; RESPONSE: (b) The period for which the payment was made, in each case; RESPONSE: (c) The amount, if paid in money; RESPONSE: (d) The nature of the payment, if paid in property; RESPONSE: 35. If payment to any officer has been made in a farm other than money, state; (a) The nature of the payment; RESPONSE: (b) The fair value of the property paid at the time paid; RESPONSE: (c) RESPONSE: (d) RESPONSE: Whether the fair value was stated by resolution of the Board of Director; Whether the Board of Directors voted approval of the payment; (e) The name of each member of the Board voted such approval; RESPONSE: 36. On September 17, 2009 what was the dollar amount of the assets of the Defendant corporation? RESPONSE: 37. On September 17, 2009 what was the dollar amount of the liabilities of the Defendant corporation? RESPONSE: 38. At any time since the incorporation of the Defendant corporation, until the date of these Interrogatories, has there been a time when the liabilities of the corporation equaled or exceeded its assets? I :-i4i-M 39. If the answer to the preceding Interrogatory is in the affirmative, state; (a) The time when this situation existed; RESPONSE: (b) What the assets were at that time; RESPONSE: (c) What the liabilities were at that time; RESPONSE: 40. Since the date of incorporation and acceptance of subscription offers, has the Board of Directors of the corporation called for payment? RESPONSE: 41. If the answer to the preceding Interrogatory is in the affirmative, state; (a) When the call was made: RESPONSE: (b) What the due date is or was; RESPONSE: (c) Whether full payment was called for; RESPONSE: (d) If less than full payment, bow much payment was called for, in each case; RESPONSE: (e) How notice of the call for payment was given; RESPONSE: 42. Is any subscriber delinquent in payments for shares issued to him as a result of the subscription offer which was accepted by the corporation? RESPONSE: 43. If the answer to the preceding Interrogatory is in the affirmative, state; (a) The name and address of each such subscriber, RESPONSE: (b) The total payment now due; RESPONSE: (c) The total amount paid upon such subscription to date; RESPONSE: 44. Have any shares been issued to any subscriber, whose subscription contract has not been paid in full? RESPONSE: 45. If the answer to the preceding Interrogatory is in the affirmative, state; (a) The name and address of each such subscriber; RESPONSE: (b) The number and shares issued to each such subscriber; RESPONSE: (c) The kind of shares issued to each such subscriber indicating class, series, etc. RESPONSE: (d) Why such shares were issued before the consideration was paid in full: RESPONSE: DATE BERNSTEIN-BURKLEY, P.C. ATTO S FOR JUDGMENT-CREDITOR By: Shawn P. McClure, Esquire PA ID #205951 Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 VERIFICATION OF ANSWERS TO INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EX jaMON I, , under penalty of perjury and subject to the penalties of I& Pa.C.S. Section 4904 relating to unworn falsification to authorities verify that the foregoing Answers to Interrogatories For Discovery of Assets in Aid of Execution are true and correct to the best of my knowledge, information and belief. DATE Signature Present Address Phone Number . .. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, VS. No. 11-26 MICHAEL BARRETT, individually and d/b!a BARRETT LAND & CATTLE, Defendant. V 1 1:114 . 1 N I, Shawn P. McClure, Esquire, hereby certify that a true and correct copy of the INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION was served on the following by certified U. S. Mail, return receipt requested, postage prepaid, this Altdlay of August, 2012 addressed as follows: Michael Barrett Barrett Land & Cattle P.O. Box 219 Camp Hill, PA 17001 - jk Shawn P. McClure, Esquire 4 . y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. No. 11-26 MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant. CERTIFICATE OF SERVICE I, Raymond P. Wendolowski, Jr., Esquire, hereby certify that a true and correct'copy of the foregoing PLAINTIFF'S MOTION TO COMPEL RESPONSES TO INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION was served on the following by regular U. S. Mail, postage prepaid, this 11 day of October, 2012 addressed as follows: Michael Barrett Barrett Land & Cattle P.O. Box 219 Camp Hill, PA 17001 • V :/ I Aro-?C' Raymond P. Wendolowski, Jr., Esquire I/- a* SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration TRANSPECOS BANK I Case Number vs. iI 2012-SU-2807-41 MICHAEL BARRETT, MICHAEL BARRETT, I/T/D/B/A BARRETT LAND & CATTLE SHERIFF'S RETURN OF SERVICE 07/13/2012 10:10 AM -SERVED THREE TRUE AND ATTESTED COPIES OF THE WITHIN WRIT OF EXECUTION AND INTERROGATORIES UPON SANDRA KYLE, TELLER FOR THE WITHIN NAMED GARNISHEE, INTEGRITY BANK, AT ONE MARKETWAY SOUTH, YORK, PA 17401, AND ATTACHED AS DIRECTED. ACRAEUS. CKAR , EPUTY 07/1612012 SENT BY CERTIFIED MAIL, ONE TRUE AND ATTESTED COPY OF THE WITHIN WRIT OF EXECUTION AND CLAIM FOR EXEMPTION FORM TO MICHAEL BARRETT THE WITHIN NAMED DEFENDANT, TO 706 MOORES MOUNTAIN ROAD, MECHANICSBURG, PA 17055. 07/16/2012 SENT BY CERTIFIED MAIL, ONE TRUE AND ATTESTED COPY OF THE WITHIN WRIT OF EXECUTION AND CLAIM FOR EXEMPTION FORM TO MICHAEL BARRETT, I/T/D/B/A BARRETT LAND & CATTLE THE WITHIN NAMED DEFENDANT, TO 706 MOORES MOUNTAIN ROAD, MECHANICSBURG, PA 17055. 07/2312012 RETURN RECEIPT FOR CERTIFIED MAIL TO MICHAEL BARRETT, DATED 7/18/2012, ATTACHED HERETO. 07/23/2012 RETURN RECEIPT FOR CERTIFIED MAIL TO MICHAEL BARRETT, I/T/D/B/A BARRETT LAND & CATTLE, DATED 7/18/2012, ATTACHED HERETO. SHERIFF COST: $115.42 SO AN S, October 11, 2012 RICHARD P KE LEBER, SHERIFF VEALTH OF PENNY AN? r , COMMONN Notarw seal Sheila E. Cook. NotarY Public _ p rv SPnn9sburY Twp., York Coun fJCPiree Feb. 1,1 rr?rniasion c Q ry 1 - . o My Membef. prgyNania Associatlon of V7 -- -, y f_ ' G NOTARY Affirmed and subscribed to before me this 11TH day of OCTOBER 2012 fci C?urlV$,uiie 5heriit, Ye4mcsb!Y, ir,r. Document Receipt Trans # 257363 Carrier / service: POST 2PM 07/17/2012 Ship to: Q6F702J3X3J 3Y7W MICHAEL BARRETT ITDBA BARRETT LAND 706 Moores Mountain Rd Tracking #: 9171922845001000060223 Doc Ref 12SU2807G2 Mechanicsburg PA 170556059 YORK COUNTY GOVT SHERIFF The following is the delivery information for Certified Mai ITM item number 7192 2845 0010 0006 0223. Our records indicate that this item was delivered on 07/18/2012 at 01:57 p.m. in MECHANICSBURG, PA, 17055. The scanned image of the recipient information is provided below. Signature of Recipient: d ". Address of Recipient: ry f -? c-n Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 12SU2807G2 Document Receipt Trans # 257362 Ship to: 12R1Z6Z3V7P4 09T MICHAEL BARRETT 706 Moores Mountain Rd Mechanicsburg PA 170556059 YORK COUNTY GOVT SHERIFF Tracking #: Doc Ref #: 07/17/2012 9171922845001000060216 12SLI2807G1 The following is the delivery information for Certified Mail"M item number 7192 2845 0010 0006 0216. Our records indicate that this item was delivered on 07/18/2012 at 01:57 p.m. in MECHANICSBURG, PA, 17055. The scanned image of the recipient information is provided below. Signature of Recipient: - L>J d -^9 C1l Address of Recipient: ry Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Carrier / service: POST 213M 11 Customer Reference Number: 12SU2807G1 WRIT OF EXECUTION and/or ATTACHMENT c00 tQ Suc--D-RD 7 -Lf COMMONWEALTH OF PENNSYLVANIA) NO 11-26 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due TRANSPECOS BANKS, Plaintiff (s) From MICHAEL BARRETT, individually and d/b/a MARRETT LAND & CATTLE, 706 Moores Mountain Road, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell r` r= . - . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ' - of GARNISHEE(S) as follows: -', INTEGRITY BANK, 18 S. George Street, York, PA 17401 W and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoind9pfrom paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $36,300.15 Interest from 9/18/09 -- $8,903.14 Atty's Comm % Atty Paid $223.15 Plaintiff Paid Date: 6/11/12 Due Prothy $2.25 Other Costs-Poundage: $1,126.00 r-: ra t rv t, (Seal) REQUESTING PARTY: Name : SHAWN P. McCLURE, ESQUIRE Address: BERNSTEIN LAW FIRM PC SUITE 2200 GULF TOWER PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-456-8100 Supreme Court ID No. 205951 TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and the seal of said Cou at Carlisle, Pa. This d of _, 20 AR_ aa. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRANSPECOS BANKS, Plaintiff, vs. No. 11-26 MICHAEL BARRETT, individually and d/b/a BARRETT LAND & CATTLE, Defendant. ORDER OF COURT AND NOW, to-wit, this --~ day of (~ ~ ~~~/, 2012, upon presentation of the foregoing Motion to Compel Discovery, it is hereby ORDERED, ADJUDGED AND DECREED that Defendant, Michael Barrett i/d/b/a Barrett Land & Cattle, shall provide Plaintiff with full and complete responses to Plaintiff's Interrogatories for Discovery of Assets in Aid of - 2~ i c;Jt Execution within ten (10) days of~~et~e of this Order. BY THE COURT: / aCrhS~r'1~ LQcJ ~rM - ~ J. :-, - _, . . ,.;;. ._. ., _~ ' =' = ~. <- ; . .. CgP, rs h1/k~'~~ 1 d//~~~ ~~