Preview
FILED: OSWEGO COUNTY CLERK 02/15/2019 02:01 PM INDEX NO. EFC-2018-0674
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/15/2019
EXHIBIT D
FILED: OSWEGO COUNTY CLERK 02/15/2019 02:01 PM INDEX NO. EFC-2018-0674
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/15/2019
Agent
9414 7266 9904 2113 2½4 72 X .. ,, O Address
D. Is delivery addressdiffe
nfkon1 O Yes
If YES, enter delly
dress below: No.
"
CERTIFIED MAIL•
3. Service Type
4. Restficted Delivery? (Extra Fes) Yes
1. Article Addressed to:
Performance Heating and Cooling,
Inc. - 23, 2018
February
351 Route 4 Robyn Rood - Sean Ken Scott
County Beardsley,
Central Square, NY 13036 and Performance Heating and Cooling, Inc.
PS Form 3811, January 2005 Domestic Return Receipt
FILED: OSWEGO COUNTY CLERK 02/15/2019 02:01 PM INDEX NO. EFC-2018-0674
NYSCEF DOC. NO. 37 FORM #35663 VERSION: E 8h7 9414 RECEIVED
7266 9904 NYSCEF:
2113 02/15/2019
2164 72
WALZ FRou , O. 5,501,393
CERTIFIED
MAILER®
TO:
Label#1 Performance Heating and Cooling, Inc.
351 County Rte 4
Central Square NY 13036
tu
Z
a SENDER:
M I
REFERENC
z| nthia L.Adydan
3 |
PS Form 3800, Janua ruary 23, 2018
Performance Heating and Cooling, Inc. Postage
RETURN
351 County Rte 4 RECElPT Certified Fee
Central Square NY 13036 • SERVICE .
8 Return Receipt Fee
Restricted Delivery
Total Postage & Fees
USPS® POSTMARK OR DATE
Label#3
Receipt for
Mail®
Sean Certified
Beardsley
351 County Rte 4
' No Insurance Coverage Provided
tralS f3U3-6 | Do Not Use for International Mail
FOLD AND TEAR THIS --+ NA
---------------------------------------------------------------------- -----------------------..------------------------
Label #5
Label #6
o KenScott
Charge r,
ru Amount:
P
5 Charge
FOLDANDTEA y- 2018
FILED: OSWEGO COUNTY CLERK 02/15/2019 02:01 PM INDEX NO. EFC-2018-0674
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/15/2019
10NA-)
IIAN E f OX LOUISYOUNG(d 2005)
ROGERW BRADLEY MELVIN & MELVlN, PLLC DeMeNC MAzzAs 20103
ER S CHARLESR GRElNERN 20y
SCALlONOV ATTORNEYS AND COUNSELORS AT LAW
LOUlSLEVINE WILLIAMC FOX
RICHARDM STORTO 217 SOUTH SALINA STREET DOUGLAS}l YOUNGF
I-OBRY
CKI RO A DS
SYRACUSE, NEW YORK 13202-1390 ARONESE
SKUSNE
HOLLYSALOPWALLACE
COUNSEL
TELEPHONE 315-234-0196 FAX 3I5-234-1688
MICHAELR VACCARO*+
RODERTG SMITH TOLL FREE 866-635-846I wituAM M BUCHAN
MATTHEWVANRYN JENN1FERC DRIVER
PATRICKK GREENE**
E-Mail:cadydan@melvinlaw com
,EOEP P OR
BRYNLOVEJOY-GRINNELL httpS://www.melvinlaw.com *ALSOADMITTEDIN FLORIDA
DANIELM AUSTIN +ALSOADMITTEDIN NORTHCAROLINA
THOMASG BADCOCK **ALSOADMITfEDIN CONNECTICUT
NICHOLASP JACOBSON
KATHLEENN. BOUMANS
February 23, 2018
THIS COMMUNICATION IS FROM A
DEBT COLLECTOR. THIS IS AN
Performance Heating and Cooling, Inc.
ATTEMPT TO COLLECT A DEBT, AND
351 County Route 4
ANY INFORMATION OBTAINED WILL
Central Square, NY 13036
SE USED FOR THAT PURPOSE.
RE: ROBYN ROOD
vs. Sean Beardsley
Ken Scott
Performance Heating and Cooling, Inc.
Account No.: RO466.0001
Judgment date: December 5, 2017
Judgment amount: $46,863.56
Balance to date: $48,323.00
Dear Sir/Madam:
Please find enclosed a true copy of the judgment entered against you in the Supreme Court of
Onondaga County on December 5, 2017 in the sum of $46,863.56 in the above-entitled matter.
Also find enclosed an Information Subpoena, two copies of a Questionnaire containing questions
pursuant to said Subpoena, a Notice to Judgment Debtor and a prepaid, return envelope. Interest
will be added to this judgment daily until it ispaid in full or otherwise settled to the satisfaction of
our client.
You must answer all questions contained in said Questionnaire on the Questionnaire form itself.
You may attach additional sheets, if necessary. All questions must be answered by you in full,
under oath and you must have your signature notarized. The completed Questionnaire must be
returned to this office within seven (7) days of your receipt of same. You may retain the extra copy
for your records. Failure to answer said Subpoena is punishable as a contempt of Court. Should we
fail to receive your completed Questionnaire within seven days, further legal action may be taken
against you without further notice.
FILED: OSWEGO COUNTY CLERK 02/15/2019 02:01 PM INDEX NO. EFC-2018-0674
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/15/2019
February 23, 2018 Page 2
RE: ROBYN ROOD
v. Sean et al.
Beardsley
Should you have any questions, please contact the undersigned promptly.
Thank you very much.
Very truly yours,
MELVIN & MELVIN, PLLC
Cynthia L. Adydan, Paralegal
Collections and Civil Litigation Department
CLA/jes
encs.
Certified, return receipt requested
WE ARE THE ATTORNEYS AND DEBT COLLECTORS FOR THE CREDITOR. THIS
COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.
FILED: OSWEGO COUNTY CLERK 02/15/2019 02:01 PM INDEX NO. EFC-2018-0674
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/15/2019
SUPREME COURT
COUNTY OF ONONDAGA STATE OF NEW YORK
ROBYN ROOD
Plaintiff,
Index No. 2016EF2051
vs.
Sean Beardsley
NOTICE TO
Ken Scott JUDGMENT DEBTOR
Performance Heating and Cooling, Inc.
Defendants.
NOTICE TO JUDGMENT DEBTOR
Money or property belonging to you may be taken or held in order to satisfy a judgment or order
which may be entered against you. Read this carefully.
YOU MAY BE ABLE TO GET YOUR MONEY BACK
State and Federal Laws prevent certain money or property from being taken to satisfy judgments or
orders. Such money or property is said to be "exempt". The following is a partial listof money
which may be exempt:
1. Supplemental Security Income, (SSI);
2. Social Security;
3. Public Assistance (welfare);
4. Spousal support, maintenance (alimony) or child support;
5. Unemployment benefits;
6. Disability benefits
Workers'
7. compensation benefits
8. Public or private pensions;
9. Veterans Benefits
10. Ninety percent of your wages or salary earned in the last sixty days;
I 1. Twenty-five hundred dollars of any bank account containing statutorily exempt
payments that were deposited electronically or by direct deposit within the last
forty-five days, including, but not limited to, our social security, supplemental
workers'
security income, veterans benefits, public assistance, compensation,
unemployment insurance, public or private pensions, railroad retirement benefits,
black lung benefits, or child support payments;
12. Railroad retirement; and
13. Black lung benefits.
lf you think that any of your money that has been taken or held is exempt, you must act promptly
because the money may be applied to the judgment or order. If you claim that any of your rnoney
that has been taken or held is exempt, you may contact the party sending this notice
FILED: OSWEGO COUNTY CLERK 02/15/2019 02:01 PM INDEX NO. EFC-2018-0674
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/15/2019
Also, YOU MAY CONSULT AN ATTORNEY, INCLUDING ANY FREE/LEGAL
SERVICES ORGANIZATION IF YOU QUALIFY. You can also go to court without an
attorney to get your money back. Bring this notice with you when you go. You are allowed to try to
prove to a judge that your money is exempt from collection under New York CPLR sections
5222(a), 5239 and 5240. If you do not have a lawyer, the clerk of the cour P ay ²ive you forms to
help you prove your account contains exempt money that the creditor c o ollect. The law (New
York CPLF, Art.4 and sections 5239 and 5240) provides a procedu r termination of a claim to
an exemption.
L L I
LVIN MELVIN, PLLC
ttorn s for Plaintiff
21 outh Salina Street
yracuse, New York 13202-1390
Telephone: 315-234-0196
FILED: OSWEGO COUNTY CLERK 02/15/2019 02:01 PM INDEX NO. EFC-2018-0674
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/15/2019
LED INDEX NO. 2016EF2051
F I : ONONDAGA COUNTY CLERK 12 / 0 5 / 2 0 17 11 : 2 4 AM]
NYSCEF DOC. NO. 133 RECEIVED NYSCEF· 32/06/2017
SUPREME COURT
COUNTY OF ONONDAGA STATE OF NEW YORK
Robyn Rood
Plaintiff,
Index No. 2016EEE051
vs.
JUDGMENTBY
SeansBeardsley
Ken Séott CONFESSION
Performance Heating an¿L Cooling, Inc.
Defendants.
Amounrelairned in Öonfession ................................ S4$,000.00
Interest ud45(000.00.ac5% frdmJulyt2,2017 .............. . .· -.. 31,453.5.6
sinceconiinenceincetofsuit)............. ......$.00
GrgdiMphynwits(ifany
Lthldamáges & interest m.m...¬............................. . . . . . . . .
$46$53.56
Cosys by statute....... . . . .......... ........... . ......$15.00
$¢r#eyf summons and complaint . . . . . . . . . . . . . . ......-..............S.00
Filinggunm ens and complaint . ... . . ....... . . -. . . - ..
. . . . . . . . ...
. . $210.00
rdi·r.+......... . .... .... . , , . .....-. ...... -. . . . . . . . - -.
$140.00
RJIf
Mo.tion lor.order fdr judgittent ,..... . . . ........-.............. . . . . $45.00
Co.s Total costs . .- -.................... $4104Ö
TOTALJUDGMENT .. .,... ..... $46p3;%
GiMiG31 EWSORIgjciaickrth DMTONDAGÄ
la pÏ $y.. ,TÈÀy
ÎhÛ.ÍitidÃttSip1(A) tKÒÙ)ntcy in' t
CD tÜ prdCtice c t of the aiegof'New½rleand?ó
tdÙ,Ù c.of n
i@r ff N iiiffffér$v[heieb fizmi.undt;fth p 11e éf p nytbWtliëdisthfi inQüëSilyâve
NFyir : wuen cormergn4hurc heewen willnecemnlphe n e or i.ncurnyl
wrein andsarc.reasonnbleijn.w99n¼
JDÙGMÈÑTfñteredthe dayof / / ,2017.
Ób the Affidïtvir
filing bf Coiife4tionofjudgments he em. made by the Defendarusheicinand sworn to on Au ustl 20U
NOW, on itiation
of Melvin & Melvin, PLLC, attorneysforPhintiff,itis
ADJUDGED, tharthe P1nintiffRobyn Rood, whose addicss is7 L-tdd 5t.CentralSquare, NY 130½, recover.ofthe
Defendams Sean Beardsley,whose address is 351County Rte4 CentralSquare, NY 13036 and Ken Scoir,whosc address
is 4334Cinn.nnon Path NY
I.iverpool. 13090.md Per forrnanceHeanng and Coolms. 1nc whoseaddress is 351 County
Rie
.),CenicalSqu;ire.NY 13036, iliesum of546,453.S6. the amount clanned wub mierest and damages. pluscosts and
disbunements of5410.00 udgment
in all in:i m favorof the sum of S4.363.56
Plaintiffin and dnu have
Plaintiff
amouming
execution theiefor. .
CLERK
Melvin & Melvin, PLLC
Attorneys forPlaintiff
217 South SalinaStreet E WP '
n
Syracuse, New York 13202-1390 tB
Telephone: 315-234-0196
puisu·
1he undemigned. itto een n 7 05 '.P.L.R.,
cerhlies thathe has c mpa d th ocun t I with
the
originaland found l to l a - as co 1p ete copy.
Anorney at Law
FILED: OSWEGO COUNTY CLERK 02/15/2019 02:01 PM INDEX NO. EFC-2018-0674
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/15/2019
SUPREME COURT
COUNTY OF ONONDAGA STATE OF NEW YORK
ROBYN ROOD
Plaintiff,
Index No. 2016EF2051
vs.
Sean Beardsley
INFORMATION
Ken Scott SUBPOENA
Performance Heating and Cooling, Inc.
Defendants.
THE PEOPLE OF THE STATE OF NEW YORK
TO THE DEFENDANT TO BE EXAMINED: Performance Heating and Cooling, Inc.
351 County Route 4
Central Square, NY 13036
WHEREAS, in an action in the Supreme Court of the County of Onondaga between plaintiff and
against defendants, who are allthe parties named in said action, a judgment was entered on
December 5, 2017 in favor of plaintiff and against defendants in the amount of $46,863.56 of which
$48,323.00 together with interest thereon from February 23, 2018 remains due and unpaid;
WHEREAS, the person to whom this subpoena is directed resides, is regularly employed orhas an
office for the regular transaction of business in Onondaga County;
NOW, THEREFORE WE COMMAND YOU, THAT YOU ANSWER IN WRITING UNDER
OATH, separately and fully each question set forth in the questionnaire accompanying this
subpoena, each answer referring to the question to which itresponds; and that you return the
answers together with the original of the questions within seven (7) days after your receipt of the
questions and this subpoena.
WE ARE THE ATTORNEYS AND DEBT COLLECTORS FOR THE CREDITOR. THIS
COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT ANY
INFORMATION WE OBTAIN WILL BE USED FOR THAT SE.
TAKE NOTICE THAT FALSE SWEARING OR FAIL £ T( C PLY WITH THIS
'
SUBPOENA WITHIN SEVEN (7)_DAYS IS PUNISI E CONTEMPT OF COURT.
February 23, 2018
L. Ji I EVI
. VIN & lELVI , PLLC
. itorneys for Plaintiff
217 South Salina Street
Syracuse, New York 13202-1390
Enclosed: Questionnaire form; original and copy. Prepaid, addressed return envelope.
QUESTIONS or commumcations in this matter should be directed to: Cynthia L Adydan