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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 01 ?' / action. 4,33. 0,#j-,g 7 , 1k,2(7S71 n3/ '` / J >< /n 77-c e- /j1al CCU ?? 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