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  • Kenneth Scott Jr, Performance Heating And Cooling Inc v. Sean Beardsley, Performance Heating And Cooling Inc Commercial - Business Entity document preview
  • Kenneth Scott Jr, Performance Heating And Cooling Inc v. Sean Beardsley, Performance Heating And Cooling Inc Commercial - Business Entity document preview
  • Kenneth Scott Jr, Performance Heating And Cooling Inc v. Sean Beardsley, Performance Heating And Cooling Inc Commercial - Business Entity document preview
  • Kenneth Scott Jr, Performance Heating And Cooling Inc v. Sean Beardsley, Performance Heating And Cooling Inc Commercial - Business Entity document preview
  • Kenneth Scott Jr, Performance Heating And Cooling Inc v. Sean Beardsley, Performance Heating And Cooling Inc Commercial - Business Entity document preview
  • Kenneth Scott Jr, Performance Heating And Cooling Inc v. Sean Beardsley, Performance Heating And Cooling Inc Commercial - Business Entity document preview
  • Kenneth Scott Jr, Performance Heating And Cooling Inc v. Sean Beardsley, Performance Heating And Cooling Inc Commercial - Business Entity document preview
  • Kenneth Scott Jr, Performance Heating And Cooling Inc v. Sean Beardsley, Performance Heating And Cooling Inc Commercial - Business Entity document preview
						
                                

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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