On August 07, 2018 a
Proof of Service
was filed
involving a dispute between
Orson P Yancey,
and
Lyndaker Excavating & Trucking Llc,
Paul H Lyndaker,
for Commercial - Contract
in the District Court of Lewis County.
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FILED: LEWIS COUNTY CLERK 08/15/2018 10:42 AM INDEX NO. EFCA2018-000355
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/15/2018
AFFIDAVITOFSERVICE
SUPREME COURT
STATE OF NEW YORK COUNTY OF LEWIS
For: Barclay Damon/ J S
ORSON P YANCEY Index # EFCA2018-000255
Plaintiff, Filed:8-7-18
-vs-
PAUL H LYNDAKER
LYNDAKER EXCAVATING & TRUCKING LLC
Defendant.
STATE OF NEW YORK, COUNTY OF JEFFERSON SS: The undersigned, being duly sworn, deposes and says, deponent is not a
party herein, is over 18 years of age and resides in NYS.
That on 8-9-18at 8718 Cut Off Rd Castorland NY
13620 at 2:29pm
Deponent did serve the within
Notice of Electronic Summons and Verified
Filing, ComplaintwithExhibits
A-J on PAUL H
LYNDAKER EXCAVATION & TRUCKING LLC therein named.
Individual
1.| a true copy of each to said defendant personally; deponent knew the person so served to be the
By delivering
person described as said defendant therein.
Corporation
2.5xx A corporation, thereat a true copy of each to Paul H Lyndaker -owner
by delivering personally, deponent knew
said corporation
so served to be the corporation
described to be -
as said defendant and knew said individual
Suitable authorized to accept service
thereof.
age person
3.| By delivering Said premises is —actual
thereat a true copy of each to , a person of suitable age and discretion.
dwellingplace and usual place of abode the state.
within
Affixingto
a true copy of each to the door of the premises, by
By affixing which
thumbtacking. —dwelling
is defendant's
door, ETC.
—
place-usualplace of abode-within
the state.(Address confirmed
by) Deponent was unable, with
due diligence
4.
to find defendant or a person of suitable age and discretion thereat, having called there
Index Number
5 x Index number and date of filing
was endorsed thereon.
Mailing On deponent enclosed a copy of the same in a postpaid ,sealed
sealed envelope, first class mail, properly addressed to
6.| defendant and mailed to the defendant at the defendant's last known
address atand deposited said envelope in
an official
depository under the exclusive care and custody of the U.S. Postal Service within
New York State.
The envelope bore the legend "Personal and Confidential"
and did not indicate on the outside thereof, by return
address or otherwise, that the communication
was from an attorney or concerned an action against the
defendant. (If certified,
#
Description A description
of the defendant or the person served, or person spoken to, on behalf of the defendant is as
7.txx follows:
Sex Male Hair Color Grey Approx. 240 Other
Weight Features
Skin wht Approx. 5'10 Approx. 72
Color Height Age
Other Information:
Subpoena Fee At the time of said service, deponent paid (tendered) in advance $ the authorized traveling
expense and one
8. day's witness fee.
Service
Military whether defendant was in active military
I asked the person spoken to, service of the United States or of the
9. hxx State of New York
in any capacity whatever and received a
negative The source of my information
reply.
and the grounds of my belief are the conversations and observations above narrated. Upon information
and
belief
I ave the recipient
is not in military
service of New York
State or the United States as that term is
defin 'tt the state or in the Federal statutes.
/
Q~ BY 4-~'V'
Sworn to before me on y of AUG 2018
E.C.M.SERVICES - Na Measheaw
E-Mailecmservices@vpl .n t
Ellen Cummings MacFarla - Owner
NotaryPublic-Ellen
C MacFarland 21582 County Rte 16
01MA4618903 My Commission Expires 8-31-21
Jefferson New York 13601
Watertown,
County, New YorkState Ph:315 629 5469Cell 315 778 3311
1 of 1
Document Filed Date
August 15, 2018
Case Filing Date
August 07, 2018
Category
Commercial - Contract
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FILED: LEWIS COUNTY CLERK 08/15/2018 10:42 AM INDEX NO. EFCA2018-000355 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/15/2018 AFFIDAVITOFSERVICE SUPREME COURT STATE OF NEW YORK COUNTY OF LEWIS For: Barclay Damon/ J S ORSON P YANCEY Index # EFCA2018-000255 Plaintiff, Filed:8-7-18 -vs- PAUL H LYNDAKER LYNDAKER EXCAVATING & TRUCKING LLC Defendant. STATE OF NEW YORK, COUNTY OF JEFFERSON SS: The undersigned, being duly sworn, deposes and says, deponent is not a party herein, is over 18 years of age and resides in NYS. That on 8-9-18at 8718 Cut Off Rd Castorland NY 13620 at 2:29pm Deponent did serve the within Notice of Electronic Summons and Verified Filing, ComplaintwithExhibits A-J on PAUL H LYNDAKER EXCAVATION & TRUCKING LLC therein named. Individual 1.| a true copy of each to said defendant personally; deponent knew the person so served to be the By delivering person described as said defendant therein. Corporation 2.5xx A corporation, thereat a true copy of each to Paul H Lyndaker -owner by delivering personally, deponent knew said corporation so served to be the corporation described to be - as said defendant and knew said individual Suitable authorized to accept service thereof. age person 3.| By delivering Said premises is —actual thereat a true copy of each to , a person of suitable age and discretion. dwellingplace and usual place of abode the state. within Affixingto a true copy of each to the door of the premises, by By affixing which thumbtacking. —dwelling is defendant's door, ETC. — place-usualplace of abode-within the state.(Address confirmed by) Deponent was unable, with due diligence 4. to find defendant or a person of suitable age and discretion thereat, having called there Index Number 5 x Index number and date of filing was endorsed thereon. Mailing On deponent enclosed a copy of the same in a postpaid ,sealed sealed envelope, first class mail, properly addressed to 6.| defendant and mailed to the defendant at the defendant's last known address atand deposited said envelope in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the legend "Personal and Confidential" and did not indicate on the outside thereof, by return address or otherwise, that the communication was from an attorney or concerned an action against the defendant. (If certified, # Description A description of the defendant or the person served, or person spoken to, on behalf of the defendant is as 7.txx follows: Sex Male Hair Color Grey Approx. 240 Other Weight Features Skin wht Approx. 5'10 Approx. 72 Color Height Age Other Information: Subpoena Fee At the time of said service, deponent paid (tendered) in advance $ the authorized traveling expense and one 8. day's witness fee. Service Military whether defendant was in active military I asked the person spoken to, service of the United States or of the 9. hxx State of New York in any capacity whatever and received a negative The source of my information reply. and the grounds of my belief are the conversations and observations above narrated. Upon information and belief I ave the recipient is not in military service of New York State or the United States as that term is defin 'tt the state or in the Federal statutes. / Q~ BY 4-~'V' Sworn to before me on y of AUG 2018 E.C.M.SERVICES - Na Measheaw E-Mailecmservices@vpl .n t Ellen Cummings MacFarla - Owner NotaryPublic-Ellen C MacFarland 21582 County Rte 16 01MA4618903 My Commission Expires 8-31-21 Jefferson New York 13601 Watertown, County, New YorkState Ph:315 629 5469Cell 315 778 3311 1 of 1