HomeMy WebLinkAbout12-3146GRANT COUNTY BANK, A WEST IN THE COURT OF COMMON PLEAS
VIRGINIA BANKING CORPORATION, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
V.
SPRING AVENUE GENERAL
PARTNERS, JAMES S. REEB, DONALD
B. POWNELL, EDWARD C. BOYLE,
THE BOYER COMPANY, LLC, REEB
DEVELOPMENT ASSOCIATES, LLC,
THE POWNELL COMPANY, LLC,
BOYER\POWNELL, LLC, and
COMMUNITY DEVELOPMENT
PARTNERS, LLC,
Defendants
No.
CIVIL ACTION - LAW
PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT
TO THE PROTHONOTARY:
Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa.C.S. § 4306,
please file and index the attached certified copies of the docket entries and judgment (Exhibit A)
entered September 13, 2011, in favor of Plaintiff, Grant County Bank, A West Virginia Banking
Corporation, and against Defendants, Spring Avenue General Partners, James S. Reeb, Donald
B. Pownell, Edward C. Boyle, The Boyer Company, LLC, Reed Development Associates, LLC,
The Pownell Company, LLC, Boyer\Pownell, LLC, and Community Development Partners,
LLC, in the Circuit Court of Hardy County, West Virginia and docketed as civil proceeding no.
11-C-39, in the amount of $405,953.21 as of the May 31, 2011 until the date of judgment and
that subsequent to judgment interest accrues on said debt at the rate as specified in Chapter 56,
Article 6, Section 31(a) of the West Virginia Code as amended, (7.0%) and the cost of this
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WALTERS, KRALISKOPF & BAKER
P. O. BOX 119
MOOREFIELD WV 26836
BOOK le PAGE 212(1) 181925
11111111111111111111111
IN THE CIRCUIT COURT OF HARDY COUNTY, WEST VIRGINIA
ABSTRACT OF JUDGMENT
GRANT COUNTY BAN K,
A West Virginia Banking Corporation,
PLAINTIFF,
VS.
CIVIL ACTION NO.: 11-C-39
SPRING AVENUE GENERAL PARTNERS,
JAMES S. REEB, DONALD B. POWNELL,
EDWARD C. BOYER, THE BOYER COMPANY, LLC
REEB DEVELOPMENT ASSOCIATES, LLC,
THE POWNELL COMPANY, LLC, BOYERIPOWNELL, LLC,
and COMMUNITY DEVELOPMENT PARTNERS, LLC
DEFENDANTS.
Judgment in favor of the Plaintiff, GRANT COUNTY BANK A West Virginia
Banking Corporation, against the DEFENDANTS jointly and severally, pursuant to the
Complaint, the sum of $405,953.21 as of the 31St day of May, 2011 until the date of
judgment, and that subsequent to judgment interest accrues on said debt at the rate
specified in Chapter 56, Article 6, Section 31(a) of the West Virginia Code as amended,
(7.0%) and the costs of this action, including the statutory docket fee of $10.00.
Date of Judgment: September 13, 2011
Teste:
This document presented and filed:
09/14/2011 12:49:20 PM
Gregory L. Ely, Hardy County, WV
State of West Virginia
Hardy County, to-wit:
I, Gregory L. Ely, Clerk of the County Commission of Hardy County, West
Virginia, do certify that the foregoing writing is a true and correct copy of an
Abstract of Judgment in Civil Action No. 11-C-39 recorded in the records of the
Hardy County Clerk's Office in Judgment Book No. 26 at page 272.
Given under my hand and the seal of the Commission this /F day of
2012.
Clerk
County C m ission, ardy County, WV
By _, Deputy
STATE OF WEST VIRGINIA,
HARDY COUNTY, TO-WIT:
I,
M^I e-S - I I .5a ,/5 Judge of the Circuit Court of Hardy
County, West Virginia, do hereby certify that C+-*_
5 0"- ?# L. whose
genuine signature appears signed to the foregoing certificate and thereon
written, was, at the date thereof, and is now Clerk of the County Commission,
duly authorized under the laws of said State to give same, and that all , S
official acts as such Clerk are entitled to full faith and credit; and
that said certificate is in due form of law and by the proper officer. I further
certify that the foregoing annexed signature is Gct S usual and genuine
signature.
Given under my hand this /`
day of /f,1,.i C- 4- 20 /?_' .
?? e; . X?P_Ir__ JUDGE
CIRCUIT COURT, HARDY COUNTY, WEST VIRGINIA
STATE OF WEST VIRGINIA,
HARDY COUNTY, TO-WIT:
I, ( `7k'C_4 6 Y.-j, G Ir I/C'1 . Clerk of tha Pn„nty Cnmmi cc; nn u-A"
West Virginia, do certify that the Honorable rh't-_45 ?-SyNS whose
genuine signature appears signed to the foregoing certificate, was, at the date
thereof, and is now, the Judge of said Court and County, duly elected, qualified
and authorized under the laws of the State of West Virginia to give: the same, and
that all 41 5 official acts as such Judge are entitled to full faith and credit.
A
Given under my hand this ?f day of
CLERK
COUNTY 0 ISSION, DY COUNTY, WEST VIRGINIA
GRANT COUNTY BANK, A West
Virginia Banking Corporation,
V.
Plaintiff
SPRING AVENUE GENERAL
PARTNERS, JAMES S. REEB, DONALD
B. POWNELL, EDWARD C. BOYLE,
THE BOYER COMPANY, LLC, REEB
DEVELOPMENT ASSOCIATES, LLC,
THE POWNELL COMPANY, LLC,
BOYER\POWNELL, LLC, and
COMMUNITY DEVELOPMENT
PARTNERS, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No.
CIVIL ACTION - LAW
NOTICE OF FILING OF THE FOREIGN JUDGMENT
TO: Spring Avenue Gene
528 Brom Court
Mechanicsburg, PA
Donald B. Pownell
528 Brom Court
Mechanicsburg, PA
oral Partners James S. Reeb
46 Foxglove Court
17050 Hershey, PA 17033
Edward C. Boyle
1941 E. Orvilla Street
17050 Hatfield, PA 19440
The Boyer Company, LLC
1941 E. Orvilla Street
Hatfield, PA 19440
The Pownell Company, LLC
528 Brom Court
Mechanicsburg, PA 17050
Community Development Partners, LLC
1400 Williams Road
York, PA 17402
Reeb Development Associates, LLC
46 Foxglove Court
Hershey, PA 17033
Boyer\Pownell, LLC
528 Brom Court
Mechanicsburg, PA 17050
You are hereby notified that on May &012, a Praecipe was filed with this Court to
file and index the judgment, which had previously been entered against you favor of Plaintiff,
Grant County Bank, A West Virginia Banking Corporation, and against Defendants, Spring
Avenue General Partners, James S. Reeb, Donald B. Pownell, Edward C. Boyle, The Boyer
Company, LLC, Reed Development Associates, LLC, The Pownell Company, LLC,
Boyer\Pownell, LLC, and Community Development Partners, LLC, in the Circuit Court of
Hardy County, West Virginia and docketed as civil proceeding no. 11-C-39.
The name of the judgment creditor is Grant County Bank, and its address is 3 North
Main Street, PO Box 929, Petersburg, WV 26847. The creditor's attorney is Clayton W.
Davidson, Esquire, McNees Wallace & Nurick LLC, P.O. Box 1166, 100 Pine Street,
Harrisburg, PA 17108-1166, and he can be reached at (717) 232-8000.
Date: C-/lg p2oi2 ? 6?0
PR
GRANT COUNTY BANK, A West
Virginia Banking Corporation,
Plaintiff
V.
SPRING AVENUE GENERAL
PARTNERS, JAMES S. REEB, DONALD
B. POWNELL, EDWARD C. BOYLE,
THE BOYER COMPANY, LLC, REEB
DEVELOPMENT ASSOCIATES, LLC,
THE POWNELL COMPANY, LLC,
BOYER\POWNELL, LLC, and
COMMUNITY DEVELOPMENT
PARTNERS, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No.
CIVIL ACTION - LAW
AFFIDAVIT OF CONTINUING LIEN
The undersigned hereby certifies the within Judgment is unsatisfied, valid and
enforceable in the state of West Virginia.
Date: May 17, 2012
McNEES WALLACE & NURICK LLC
By --
Clayton W. Da idson
Attorney I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street- P. O. Box 1166
Harrisburg, PA 17108-11.66
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
Attorneys for Plaintiff, Grant County Bank, A West
Virginia Banking Corporation
GRANT COUNTY BANK, A West
Virginia Banking Corporation,
Plaintiff
V.
SPRING AVENUE GENERAL
PARTNERS, JAMES S. REEB, DONALD
B. POWNELL, EDWARD C. BOYLE,
THE BOYER COMPANY, LLC, REEB
DEVELOPMENT ASSOCIATES, LLC,
THE POWNELL COMPANY, LLC,
BOYER\POWNELL, LLC, and
COMMUNITY DEVELOPMENT
PARTNERS, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No.
CIVIL ACTION - LAW
AFFIDAVIT OF ADDRESSES
I, Clayton W. Davidson, hereby certify the following addresses for the Defendants as
follows:
Spring Avenue General Partners
528 Brom Court
Mechanicsburg, PA 17050
Donald B. Pownell
528 Brom Court
Mechanicsburg, PA 17050
The Boyer Company, LLC
1941 E. Orvilla Street
Hatfield, PA 19440
The Pownell Company, LLC
528 Brom Court
Mechanicsburg, PA 17050
James S. Reeb
46 Foxglove Court
Hershey, PA 17033
Edward C. Boyle
1941 E. Orvilla Street
Hatfield, PA 19440
Reeb Development Associates, LLC
46 Foxglove Court
Hershey, PA 17033
Boyer\Pownell, LLC
528 Brom Court
Mechanicsburg, PA 17050
Community Development Partners, LLC
1400 Williams Road
York, PA 17402
I, Clayton W. Davidson, hereby certify the following address for the Plaintiff as follows:
Grant County Bank, A West Virginia Banking Corporation
3 North Main Street
PO Box 929
Petersburg, WV 26847
McNEES WALLACE & NURICK LLC
Date: May 17, 2012 By .--? -
Clayton W. Davi son
Attorney I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street- P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
Attorneys for Plaintiff, Grant County Bank, A West
Virginia Banking Corporation