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HomeMy WebLinkAbout11-3519VALLEY QUARRIES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNS YLVANIA vs. CIVIL ACTION NO. AMOS BYLER and C - BYLER CONTRACTORS Defendants. a? Fnr- :;0 Cnr- om CDv - c -.i PRAECIPE TO ENTER JUDGMENT c.., TO THE PROTHONOTARY: r ti :. i :nom Please enter on the Judgment Docket of the Court of Common Pleas of Cumberland County, Pennsylvania, judgment in favor of Valley Quarries, Inc. and against Amos Byler and Byler Contractors in the amount of $7,363.92, plus continuing interest and costs, pursuant to the judgment entered by Magisterial District Judge Harold E. Bender on August 27, 2008. Defendant has made one payment of $200.00 on the judgment. Respectfully submitted, Date: April 6, 2011 A/ / ,P ) ? A /y tt,42?v Pepper Hamilton LLP 100 Market Street, Suite 200 P.O. Box 1181 Harrisburg, PA 17108-1181 (717) 255-1155 - phone (717) 238-0575 - fax andersont(a)pepperlaw. com weber]g_a pepperlaw.com M THY B. ANDERSON (54034) IN G. WEBER (89266) Attorneys for Plaintiff Valley Quarries, Inc. COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUFFTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Harold E. Bender Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Byler Contractors 11173 Stonewall Rd Shippensburg, PA 17257 Disposition Summary Docket No MJ-09301 -CV-00001 88-2008 Valley Quarries Inc V. Byler Contractors, Amos Byler Docket No: MJ-09301-CV-0000188-2008 Case Filed: 7/28/2008 c'? -ra03 r*1 cnr" i?+ G 1 C) C'r -t Plaintiff Defendant Disposition Valley Quarries Inc Byler Contractors Default Judgment for Plaintiff r." r--" I ?? V C" Y a Qr7l 00ion Date -08/27/2008 MJ-09301-CV-0000188-2008 Valley Quarries Inc Amos Byler Default Judgment for Plaintiff 08/27/2008 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Amos Byler $7,363.92 $0.00 $7,363.92 Byler Contractors $7,363.92 $0.00 $7,363.92 Judgment Detail (*Post Judgment) In the matter of Valley Quarries Inc vs. Byler Contractors; Amos Byler on 8/27/2008 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $7,223.92 $0.00 $7,223.92 Costs $140.00 $0.00 $140.00 Grand Total: $7,363.92 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. lxla'? sr Date Magisterial District Judge Harold E. Bender ?"JNI Dir??? ?I I certify that this is a true and correct copy of t e ecord f the proceedings contaipi the judgmen Date Magisterial District Judge Harold E. Bender MDJS 315 Page 1 of 1 Printed: 03/30/2011 3:20:33PM COMMONWEALTH OF PENNSYLVANIA COUItTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Harold E. Bender Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Amos Byler 11173 Stonewall Rd Shippensburg, PA 17257 Disposition Summary Docket No MJ-09301 -CV-00001 88-2008 MJ-09301 -CV-00001 88-2008 Judgment Summary Participant Amos Byler Byler Contractors Plaintiff Defendant Valley Quarries Inc Byler Contractors Valley Quarries Inc Amos Byler Joint/Several Liability Individual Liability $7,363.92 $0.00 $7,363.92 $0.00 Valley Quarries Inc V. Byler Contractors, Amos Byler Docket No: Case Filed: MJ-09301-CIM00088-!q08 7/28/2008 = xrn -0 r- z? -vr rr? -n c; a. C:)-,n co _ ez Disposition Disposition Date Default Judgment for Plaintiff 08/27/2008 Default Judgment for Plaintiff 08/27/2008 Amount $7,363.92 $7,363.92 Judgment Detail ('Post Judgment) In the matter of Valley Quarries Inc vs. Byler Contractors; Amos Byler on 8/27/2008 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $7,223.92 $0.00 $7,223.92 Costs $140.00 $0.00 $140.00 Grand Total: $7,363.92 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 14191-? 015 9011? Date Magisterial District Judge Harold E. Bender r I certify that this is a true and correct copy of the record of the proceedings contajgi g the judgmen / .l Date Magisterial District Judge Harold E. Bender MDJS 315 Page 1 of 1 Printed: 03/30/2011 3:20:33PM CERTIFICATE OF SERVICE I hereby certify that on April 6, 2011,1 served a copy of the foregoing by placing a copy of same in the United States mail, first class postage prepaid, addressed as follows: Amos Byler 11173 Stonewall Rd. Shippensburg, PA 17257 Byler Contractors 11173 Stonewall Rd. Shippensburg, PA 17257 Q?'t ?Z' _ J st' . Weber (89266) VALLEY QUARRIES, INC., Plaintiff VS. AMOS BYLER and BYLER CONTRACTORS Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. NOTICE OF ENTRY OF JUDGMENT TO: Amos Byler 11173 Stonewall Rd. Shippensburg, PA 17257 Byler Contractors 11173 Stonewall Rd. Shippensburg, PA 17257 Pursuant to the requirements of Pa. R.C.P. No. 236, you are hereby notified that on /? 7 , 2011, judgment in the amount of $7,363.92, together with interest and costs, has been entered against you. Date: W--7111 VALLEY QUARRIES, INC., Plaintiff vs. AMOS BYLER and BYLER CONTRACTORS Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. NOTICE OF ENTRY OF JUDGMENT TO: Amos Byler 11173 Stonewall Rd. Shippensburg, PA 17257 Byler Contractors 11173 Stonewall Rd. Shippensburg, PA 17257 Pursuant to the requirements of Pa. R.C.P. No. 236, you are hereby notified that on Atiy . 7 , 2011, judgment in the amount of $7,363.92, together with interest and costs, has been entered against you. Date: L//7/i / 00,-% 1 1 ArfP All 40, t{ °?t??°Sg?.RL YLVAt COUNT" "Pr- VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 11-3519 Civil VS. AMOS BYLER and CIVIL ACTION - LAW BYLER CONTRACTORS I11-7 S 5.6 ?kk ga Defendants. g1'?w2P?, ?W 1-79S7 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue the writ of execution upon the judgment entered in the above matter: (1) directed to the Sheriff of Cumberland County; (2) against Amos Byler and Byler Contractors, Defendants; and (3) against Orrstown Bank 22 South Hanover Street Carlisle, PA 17013 (4) and index this writ: (a) against Amos Byler and Byler Contractors, Defendants, and (b) against , as garnishee, as a lis pendens against real property of the Defendants in the name of the garnishee as follows: None. (5) attach the following property of the Defendants in the possession of Orrstown Bank as garnishee: S Any and all funds or other obligations owed to Amos Byler and Byler Contractors by or in the custody or control of Orrstown Bank, or its agents. ?7 a s ter #CL14Lf 5 ?? $a'go?L $oga ?".( Ck.? 189ao ? as Dated: April 13, 2011 Amount Due Interest of 6% per annum from August 27, 2008 through April 13, 2011 Attorney's Commission Costs $7,363,92 $959.75 ($1,159.75-$200 payment) (;? ?'l ? Ti othy B. Anderson (54034) Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 100 Market Street, Suite 200 P.O. Box 1181 Harrisburg, PA 17108-1181 717.255.1155 717.238.0575 fax weberj g@pepperlaw.com Attorneys for Plaintiff Valley Quarries, Inc. #14132625 v1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3519 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VALLEY QUARRIES, INC. Plaintiff (s) From AMOS BYLER AND BYLER CONTRACTORS, 11173 STONEWALL ROAD, SHIPPENSBURG, PA 17257 (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: ORRSTOWN BANK, 22 SOUTH HANOVER STREET, CARLISLE, PA 17013 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 $7,363.92 L.L.$.50 Interest of 6% per annum from August 27, 2008 through April 13, 2011 - $959.75 Atty's Comm % Due Prothy $2.00 Atty Paid $54.25 Plaintiff Paid Date: 4/14/11 Other Costs David D. Buell, Prothonotary (Seal) By: REQUESTING PARTY: Name JUSTIN G. WEBER, ESQUIRE Address: PEPPER HAMILTON LLP 100 MARKET STREET, SUITE 200 P.O. BOX 1181 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-255-1155 Supreme Court ID No. 89266 Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-OFFIC-" 1 F THE PROTHONOTAR' 2011 APR 25 AM 10: 1 e Richard W Stewart Solicitor fif CUMBERLAND COU ;PENNSYLVANIA Valley Quarries Inc. Case Number vs. 2011-3519 Amos Byler (et al.) SHERIFF'S RETURN OF SERVICE 04/20/2011 11:15 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 20, 2011 at 1114 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Amos Byler and Byler Contractors, in the hands, possession, or control of the within named garnishee, Orrstown Bank, 22 S Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Ellen Strawmyre, Teller, 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 April 21, 2011 to Amos Byler at 11173 Stonewall Road, Shippensburg, PA 17257 and Byler Contractors, 11173 Stonewall Road, Shippensburg, PA 17257. SO ANSWERS, April 21, 2011 RON R ANDERSON, SHERIFF tc; our`y u!! ShEo qf, Teleaso`t, nt. Gerald Worthi on, Deputy LE Ji HONO W" Timothy B. Anderson (PA 54034) Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 100 Market Street, Suite 200 Post Office Box 1 181 Harrisburg, PA 17108-1181 717.255.1155 717.238.0575 Fax 1" 0! C S E P 16 A 9: 59 rfUMBERLANa COUNT PENNSYLVANIA Attorneys for Plaintiff Valley Quarries, Inc. VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff. NO. 11-3519 Civil vs. AMOS BYLER and CIVIL ACTION - LAW BYLER CONTRACTORS 11113 s?l? 94d Defendants. SWVP M51 IPp llath X. I PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue the writ of execution upon the judgment entered in the above matter: (1) directed to the Sheriff of Cumberland County; (2) against Amos Byler and Byler Contractors, Defendants; and (3) against Orrstown Bank 22 South Hanover Street Carlisle, PA 17013 (4) and index this writ: (a) against Amos Byler and Byler Contractors, Defendants, and (b) against Orrstown Bank, as garnishee, Q as a lis pendens against real property of the Defendants in the name of the garnishee as S follows: None. ??. as cgF ay. sa tit( It/. 4,00 kc I. r 094 v, ?{ ?•? F+ uu SIB: as ?d * Ck.? iq as9 l4at?l r,u -v ??a.n ?1 )ti-4 ?'? Tc?4r?c.? (5) attach the following property of the Defendants in the possession of Orrstown Bank as garnishee: Any and all funds or other obligations owed to Amos Byler and Byler Contractors by or in the custody or control of Orrstown Bank, or its agents. Amount Due $7,363.92 Interest of 6% per annum from August 27, $1,342.54 2008 through September 13, 2011 Minus payment ($200.00) Minus garnishment payment ($1,677.08) Attorney's Commission $ Costs $ Dated: September 14, 2011 C?'L (?.,, U-, Ti y B. Anderson (54034) Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 100 Market Street, Suite 200 P.O. Box 1181 Harrisburg, PA 17108-1181 717.255.1155 717.238.0575 fax weberj g@pepperlaw.com Attorneys for Plaintiff Valley Quarries, Inc. 414846094 vl WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3519 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VALLEY QUARRIES, INC. Plaintiff (s) From AMOS BYLER AND BYLER CONTRACTORS, 11173 STONEWALL ROAD, SHIPPENSBURG, PA 17257 (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: ORRSTOWN BANK, 22 SOUTH HANOVER STREET, CARLISLE, PA 17013 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 $5,486.84 L.L. Interest of 6% per annum from August 27, 2008 through September 13, 2011 - $1,342.54 Atty's Comm % Arty Paid $98.25 Plaintiff Paid Due Prothy $2.00 Other Costs Date: SEPTEMBER 16, 2011 (Seal REQUESTING PARTY: "lame JU4TIN G. WEBER, ESQUIRE Address; PEPPER HAMILTON LLP 100 MARKET STREET, SUITE 200 P.O. BOX 1181 HARRISBURG, PA 17108-1181 Attorney for: PLAINTIFF Telephone: 717-255-1155 Supreme Court ID No. 89266 David D. Buell, Prothonotary B: Deputy SHERIFF'S OFFICE OF CUMBERLANQ,C'?PJ?TY Ronny R Anderson Sheriff ? F? ?? `, . Jody S Smith 2 Chief Deputy C IU M B E R L A 1 i3 u" R ti Richard W Stewart PENNSYI V` 'i flA Solicitor Valley Quarries Inc. vs. Amos Byler (et al.) Case Number 2011-3519 SHERIFF'S RETURN OF SERVICE 09/23/2011 10:59 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, Orrstown Bank at 22 S Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Ellen Strawmyer, Teller, 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 September 23, 2011 to Amos Byler & Byler Contractors at 11173 Stonewall Road, Shippensburg, PA 17257. SO ANSWERS, September 23, 2011 RONO R ANDERSON, SHERIFF it iam Cline, Deputy jel Gou"'ySuite Sne r,-E i elec;: e't. In;; Timothy B. Anderson (PA 54034) Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 100 Market Street, Suite 200 Post Office Box 1 181 Harrisburg. PA 17108-1 181 717255.1155 717.238.05 Ti Fax VALLEY QUARRIES, INC. Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. I1-3519 Civil AMOS BYLER and CIVIL ACTION - LAW BYLER CONTRACTORS Defendants. GARNISHEE ORRSTOWN BANK'S ANSWERS TO INTERROGATORIES IN ATTACHMENT PURSUANT TO Pa. R. Civ. P. 3144 and 3253 TO: Orrstown Bank 22 South Hanover Street Carlisle, PA 17013 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. Definitions and Instructions 1. When used in these interrogatories, the tenn "Defendants" shall mean the above-named Defendants, Amos Byler and/or Byler Contractors. 2. '\ TThen used in these interrogatories, the term "you" shall mean Orrsto\\ n Bank. 3. When used in these Definitions and Instructions and interrogatories. the conjunetiorts "and" and "or" shall be interpreted to mead "and/or." JlP r7 ?. a, J Attornevs for Plaintiff Valle)' Quarries, Inc.. Plaintiff. 7&1609.1 vl 4. These interrogatories shall be deemed continuing and supplemental answers shall be required if you directly or indirectly obtain further information of the nature sought herein. INTERROGATORIES At the time you were served, or at any subsequent time, or at anytime within one (1) year prior to the date you were served, did you owe either of the Defendants any money or were you liable to Defendants on any negotiable or other written instrument. or did Defendants claim that you owed them any money or were liable to them for any reason? 11-so. specify the nature and amount of such liability or claim and, if applicable, the negotiable or other written instrument on which such liability or claim is based. ANSWER: No. 1,9,601), VI At the time you were served, or at any subsequent time, or at anytime within one (l) year prior to the date you were served, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by either of the Defendants? If so, describe the property and specify the ownership, location and fair market value of such property. AWNTER: Yes. Free business checking Acct. # 103900271 "14846094 vl At the time you were served, or at any subsequent time, or at anytime within one (1) year prior to the date you were served, did you hold legal title to any property of any nature owned solely or in part by Defendants or in which Defendants held or claimed any interest? If so, describe the property and specify the ownership, location and fair market value ()f such property, together with the extent of Defendants' ownership interest therein and the val ue thereof. ANSWER: No. 4148,16094 vi 4. At the time you were served, or at any subsequent time, or at anytime within one (I) year prior to the date you were served, did you hold as fiduciary any property in which Defendants had any interest`? If so, describe the property and specify the ownership. location and fair market value of such property, together with the extent of Defendants' ownership interest therein and the value thereof. ANSWER: Yes. Free business checking Acct. # 103900271 with a balance of $32.58. X14646094 vi At any time before or after you were served did Defendants transfer or deliver any property to you or to any person or place pursuant to your direction or consent? ] f so, describe the property, when and to whom it was transferred or delivered and the consideration thereof. ANSWER: Deposits to free business checking Acct # 103900271 prior to service. %14846094 vI 6. At any time after you were served, did you pay, transfer or deliver anv ?noney or property to Defendants or to any person or place pursuant to their direction or otherwise discharge any claim of Defendants against you? If so, describe the property or amount of money. ?,vhen and to whom the money or property was transferred or delivered. ANSWER: No. r14846091? 1 At the time you were served, or at any subsequent time, or at anytime within one (1) year prior to the date you were served, did either of the Defendants maintain with you at your main office or any of your branch offices, any bank accounts or safe deposit boxes, or did vouu hold any money of either of the Defendants in any capacity whatsoever? If so, specify the account names, account numbers, safe deposit box numbers, account types. balances on the date you were served and current balances. ANSWER: Yes. The answer to this interrogatory No. 4 is incorporated herein by reference as though set forth at length. At the time you were served, or at any subsequent time, or at anytime within on (1) year prior to the date you were served, did either of the Defendants own jointly with any other person or entity any bank accounts or safe deposit boxes held by you? If so, specify the account names, account numbers, safe deposit box numbers, account types, balances on the date you were served and current balances. ANSWER: Yes. The answer to interrogatory no. 4 is incorporated herein by reference as though set forth at length. I4846U9=1 vt 9. At the time you were served, or at any subsequent time, or at anytime within one (1) year prior to the date you were served, was any money on deposit for Delcndants in any bank account in a name other than those previously listed? If so, specify the account. names, account numbers, account types, balances on the date you were served and current balances. ANSWER: Objection. This interrogatory is unduly burdensome and not reasonably likely to lead to the discovery of admissible evidence. Dated: September 14, 2011 L C? Ti y B. Anderson (PA 54034) .Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 100 Market Street, Suite 200 P.O. Box 1181 Harrisburg, PA 17108-1181 717,255.1 155 717.238.0575 fax weberig?it)pepperlaw.com Attorneys lur Plaintifl- Valley Quarries, Inc. rI:S :"I, )J 0 I 'David A. Baric VERIFICATION state that I am the attorney for NX Orrstown Bank, a garnishee in this matter, that I am authorized to make this verification on its behalf. and that the averments of fact in the foregoing document are true and correct to the best ofmv k owledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. § 4904 (unsworn falsification to authorities). Gc ---- pk? 1.--- SiPlature David A. Baric, Esquire Dated: October 4 , 2011 ?14846094 vi AS TO OBJECTIONS BARI CHERER LLC Date: October 4, 2011 4t - David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on October 4, 2011, I, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of the Garnishee Orrstown Bank's Answers To Interrogatories In Attachment Pursuant To Pa.R.C.P. 3144 and 3253, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Timothy B. Anderson, Esquire Pepper Hamilton LLP 100 Market Street, Suite 200 P.O. Box 1181 Harrisburg, Pennsylvania 17108 David A. Baric, Esquire VALLEY QUARRIES, INC., Plaintiff vs. AMOS BYLER and BYLER CONTRACTORS Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 11-3519 Civil PRAECIPE TO SATISFY JUDGMENT Please mark the judgment against Amos Byler and Byler Contractors in the above-captioned matter satisfied. Respectfully submitted, T Y B. ANDERSON (54034) C:) kjqJ'H JUSTIN G. WEBER (89266) Pepper Hamilton LLP 100 Market Street, Suite 200 C'J P.O. Box 1181 _tw Harrisburg, PA 17108-1181 _. `-4 (717) 255-1155 - phone (717) 238-0575 - fax andersontL&pepperlaw.com weberi ( ,pepperlaw.com Date: January 23, 2012 Attorneys for Plaintiff Valley Quarries, Inc. CERTIFICATE OF SERVICE I hereby certify that on January 23, 2012, I served a copy of the foregoing by placing a copy of same in the United States mail, first class postage prepaid, addressed as follows: Amos Byler 11173 Stonewall Rd. Shippensburg, PA 17257 Byler Contractors 11173 Stonewall Rd. Shippensburg, PA 17257 J t' G. Weber (89266) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Jerson smith ieputy lard W Stewart elicitor .: q}tt1,r al t:uuGr?? h? t C" eft J' f ,12 HAR 23 pH 2; %c CUMBERLAND Gt?E? ®ENNSYLVANI?,. Valley Quarries Inc. vs. Case Number Amos Byler (et al.) 2011-3519 SHERIFF'S RETURN OF SERVICE 09/22/2011 10:58 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, 22 S Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to ELLEN STRAWMYER, TELLER, personally two (2) true and attested copies of the Writ of Execution and made the contents there of known to him/her. 09/23/2011 10:59 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, Orrstown Bank at 22 S Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Ellen Strawmyer, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the content: there of known to her. The writ of execution and notice to defendant was mailed on September 23, 2011 to Amos Byler & Byler Contractors at 11173 Stonewall Road, Shippensburg, PA 17257. 03/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $96.90 SO ANSWERS, March 22, 2012 RON R ANDERSON, SHERIFF 0 •00 jj'?e • Cca - 41g, 4- !:? G9uufySutte Shenft. Teleosof't. Im, SHERIFF'S OFFICE OF CUMBERLAND COUNTY derson smith )eputy ,lard W Stewart elicitor V s -I 2012 MAP 23 PPI 2: 3 r., CUMBERLAND CUUNI-V PENNSYLVANIA Case Number Valley Quarries Inc. 2011-3519 vs. Amos Byler (et al.) SHERIFF'S RETURN OF SERVICE 04/20/2011 ril - Gerald Worthington, Deputy Sheriff, who being attached as herein commanded all goods, chattels,trriiglaw, states h s, debts that on April credits, April 200, , 2011 at 1114 hous att name dendant, to wit: Amos BanBk,l22 SoHanovoer Street Carlisle, hands, and monies of the within f the within named garnishee, Byler and possession, or control sonally three Cumberland County, Pennsylvania with three true and Ellen Strawmyre, Teller, of the wr it of executionrand made the copies of interrogatories es together contents there of known to her. 1 to Amos at 11 173 The writ of execution an notice to defendant was 17257 and mailed on Contractors, 111731Stone al Roald, Shippe sburg, Stonewall Road, Shippensbur9 PA PA 17257. 03/22/2012 Ronny R. Anderson, Sheriff, No who action don writ uly sworn in over 6 riling to law, states this writ of execution is returned as ABANDONEri SO ANSWERS, SHERIFF COST: $98.79 4RON ANDERSON, SHERIFF March 22, 2012 ?a c,), r-ySwe Sheriff. Teieosufn. ncc