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Home My WebLink About00-01745 HBIIBElQH,PRAEClPElJUNE 6, 200OJD1SK13 < L HEMPT BROS., INC., Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1745 CIVIL TERM H. DANIEL BEIGH, III and ONEIDA H. BErGH, individually, and PHOENIX INDUSTRIAL, INC., Defendants CIVIL ACTION - LAW .PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against Defendants H. Daniel Beigh, III, Oneida H. Beigh, and Phoenix Industrial, Inc., in the amount of$88,782.13. I hereby certify that a written Notice of intention to file this praecipe for default pursuant to Rule 237. I was mailed to Defendants H. Daniel Beigh, III, and Phoenix Industrial, Inc., on or about May 8, 2000, and to Defendant Oneida H. Beigh on or about May 12, 2000. Attached hereto and marked as Exhibit A is a true and correct copy ofthe Notices. Respectfully submitted, HEMPT BROS., INC., ) Plaintiff ) ) vs. ) ) H. DANIEL BEIGH, III, and ONEIDA ) H. BEIGH, individually, and 'pHOENIX ) INDUSTRIAL, INC., ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1745 CIVIL TERM CIVIL ACTION - LAW TO: PHOENIX INDUSTRIAL, INC. c/o H. Daniel Beigh, III 950 Woodland Street Mechanicsburg, PA 17055 DATE OF NOTICE: May 8, 2000 IMPORTANT NOTICE Required by Rule 237.1 (a)(2) YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRlTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU. . MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvania 170 I 3 (717) 240-6200 ICHAEL . BANGS, Attorn y for Plaintiff 302 South 18th Street Camp HilI, P A 17011 (717) 730-7310 Supreme Court 10 #41263 EXHIBIT A HEMPT BROS., INC., ) Plaintiff ) ) vs. ) ) H. DANIEL BErGH, III, and ONEIDA ) H. BEIGH, individually, and PHOENIX ) INDUSTRIAL, INC., . ) Defundan~ ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1745 CIVIL TERM CIVIL ACTION - LAW TO: H. DANIEL BEIGtI,iII 950 Woodland Street Mechanicsburg, P A 17055 DATE OF NOTICE:u~ay 8,2000 -IMPORTANT NOTICE Required by Rule 237. I (a)(2) YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHtN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARlNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO ALA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FtND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 l~I~L~~~Nls ~ ~L Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 EXHIBIT A HEMPT BROS., INC., ) Plaintiff ) ) vs. ) ) H. DANIEL BEIGH, III, and ONEIDA ) H. BEIGH, individually, and PHOENIX ) INDUSTRIAL, INC., ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1745 CIVIL TERM CIVIL ACTION - LAW TO: ONEIDA H. BEIGH 304 Mary Street, Unit 95 Harrisburg, PAl 71 04 DATE OF NOTICE: May 12,2000 IMPORTANT NOTICE Required by Rule 237. I (a)(2) YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSON ALL YOR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OtHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER A 'fONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TOOR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 ~ii(Adll ,d hLf-- CHAEL 1. BANGS Attorney for Plaintiff 302 South 18'h Street CampHilI,PA 17011 (717) 730-73 10 Supreme Court ID #41263 EXHIBIT A -~, HBlIBElGlt.PRAEClPEJJUl'.'E c., lOQOJDISK13 HEMPT BROS., INC., ) Plaintiff . .. ) ) vs. ) ) H. DANIEL BEIGH, III and ONEIDA ) H. BErGH, individually, and PHOENIX ) INDUSTRIAL, INC.,) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1745 CIVIL TERM CIVIL ACTION - LAW NOTICE PURSUANT TO RULE 236 TO: PHOENIX INDUSTRIAL, INC., Defendant You are hereby notified that on ... ),. ~ ~ ,;;;) , 2000, the following (Judgment) (Order) (Decree) has been entered against you in the above-captioned case. DATE: JLt . \€ (~ ~OOO , kdL,-i:,) /) x::. r Prothonotary I hereby certify that thc name and address ofthe proper person(s) to receive this notice is: Phoenix Industrial, Inc. c/o H. Daniel Beigh, III 950 Woodland Street Mechanicsburg, P A 17055 A: PHOENIX INDUSTRIAL, INC., Defendido/a 0 Defendidos/as Por este medio se Ie esta notificando que el_ de del 2000, el/la siguieIlte (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Phoenix Industrial, Inc. c/o II. Daniel Beigh, III 950 Woodland Street Mechanicsburg, P A 17055 HBIlBEIGH_~Cq>~"E6. ZOOIl/D1SK n HEMPT BROS., INC., Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1745 CIVIL TERM H. DANIEL BEIGH, III and ONEIDA H. BEIGH, individually, and PHOENIX INDUSTRIAL, INC., Defendants CIVIL ACTION - LAW NOTICE PURSUANT TO RULE 236 TO: ONEIDA H. BEIGH, Defendant You are hereby notified that on 0 (-, . '9 I U , 2000, the following (Judgment) (Order) (Decree) has been entered against you in the above-captioned case. DATE: -1/1 . ~ I,J .;lcx>b , Ul~~ (J/? -hi) Q Yr Pro onotary . I hereby certify that the name and address of the proper person(s) to receive this notice is: Oneida H. Beigh 304 Mary Street, Unit 95 Harrisburg, P A 17104 A: ONEIDA H. BElGB, Defendido/a 0 Defendidos/as Por este medio se Ie esta notificando que el de del 2000, ellla siguiente (Orden) (Decreto) (Falla) ha side anotaao ~ntra suya en el caso mencion.ado en el . epigrafe. FECI-IA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en e1 certificado de residencia: .. . Oneida H. Beigh 304 Mary Street, Unit 95 Harrisburg, PA 17104 HBI/eaGH.l'RAECIPE/JUNE 6. ~OOOIDISK 2.'l HEMPT BROS., INC., Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS qF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1745 CIVIL TERM H. DANIEL BEIGH, III and ONEIDA H. BEIGH, individually, and PHOENIX INDUSTRIAL, INC., Defendants CIVIL ACTION - LAW NonCE PURSUANT TO RULE 236 TO: H. DANIEL BEIGH, III, Defendant You are hereby notified that on '- J..t ... )c;- I;;L) , 2000, the following (Judgment) (Order) (Decree) has been entered against you in the above-cap~ioned case. DATE: .....)u......)c;- I;? A060 , .......... ..... 7- ~/ (]~~-b,.) k r tho notary I hereby certify that the name and address of the proper person(s) to receive this notice is: H. Daniel Beigh, III 950 Woodland Street Mechanicsburg, PA 17055 A: H. DANIEL BEIGH, III, Defendido/a 0 Defendidos/as Por este medio se le_esta_notificando que el_ de del 2000, el/la siguiente (Orden) (Decreta) (Fallo) ha side anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Profonotario Certifico que la siguiente direccion es la del defendido/a segtin indicada en el certificado de residencia: H. Daniel Beigh, III 950 Woodland Street Mechanicsburg, P A 17055 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 HEMPT BROS., INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff Writ No. No. 1745 Civil Term Term 2000 vs. H. DANIEL BEIGH, III, and ONEIDA H. BEIGH, individually, and PHOENIX INDUSTRIAL, INC. Defendants TO THE PROTI-IONOT ARY OF SAID COURT: ISSUE A WRIT OF EXECUTION IN TIIE ABOVE MA TIER, (I) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Phoenix Industrial, Inc. clo H. Daniel Beigh, III, 950 Woodland Street, Mechanicsburq, PA 17055 Defendant(s); (3) and against Allfirst Bank Garnishee(s); (4) and index this writ: (a) against Phoenix Industrial, Inc., c/o H. Daniel Beigh, III, 950 Woodland Street, Mechanicsburg, PADefendant(s) and (b) against Allfirst Bank Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name ofthe Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy. Attach any and all property of Defendant Phoenix Industrial, and levy upon any property in the possession of Allfirst Garnishee, specifically Account No. 10292225. Inc. T Bank, (5) Amount due Interest from [Costs to be added] $88,782.13 $ $ Inn;..jJ7 ~ r ~ (Attorney for aintiff ) MICHAEL L. BANG& Attorney-at-Law 302 South 18th Street, Camp Hill, PA Supreme Court ID #41263 Date: C; ~ 00 (;,. CN ~ -- ~ ()t -- -.l "" U- ~ 0 0 (") {0 -Crt ~ ~ c = -" , 0 ~ Vt :;;: '- ..-! 1 ~ ~ ~ ~ ~ 8 '6 '" -Ow ~ ;-;1,J2 :Oq () (). n1r";'! () Z;JJ ~-J8 I ~~ --11.... ~ N 06 0v B ~~ f'SiS -0 ?hT' ~ ~ ::x: {";::rJ 0 z8 2:~ '5"- ( "' ~ 0 -..< ~ , , :: ~ ;;>c: ~ ~~ ::- , , ~ '- ::: , V N r , , ~ ?'- , ~ ~ ~ ~ . SHERIFF'S RETURN - GARNISHEE . - CASE NO: 2000-01745 P CO~ONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HEMPT BROSINC VS BEIGH H DANIEL III ET AL , Sheriff or Deputy Sheriff of And now DAVID MCKINNEY Cumberland County, Pennsylvania, who being duly sworn according to law, at 1419:00 Hours, on the 21st day of June , 2000, attached as herein commane).ed all goods, chattels, rights, debts, credits, ane). moneys of the within namee). DEFENDANT BEIGH H DANIEL III , in the hands, possession, or control of the within named Garnishee ALLFIRST BANK 2-WESTHIGH ST. CARLISLE, PA 17013 Cumberland County, pennsylvania, by handing to BARBARA BIXLER, MANAGER personally THREE true and attested copies of the within WRIT OF EXEUTION and made the contents thereof known to Her . Sheriff's Costs: Docketing Service Afridavit Surcharge .00 .00 .00 .00 .00 .00 soa?~~ R. Thomas Kline Sheriff of Cumberland County , 00/00/0000 By ftA~ @~ - Deputy Sheri"f Sworn and subscribed to before me this G- E2 day o~ ~A.D. .Q rn<N~.j.~ Pr t onotary .. . I .. SHERIFF'S RETURN - GARNISHEE ......-.- - CASE NO: 2000-01745 P COMMONWEALTH OF PENNSLYVANrA CQUNTY OF CUMBERLAND HEMPT BROS INC VS HEIGH H DANIEL III ET AL And now DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 1419:00 Hours, on the 21st day of June , 2000, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named. DEFENDANT BEIGH ONEIDA H in the hands, possession, or control of the within named Garnishee ALLFIRST BANK 2 WEST HIGH ST. CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BARBA~ BIXLER, MANAG?R personally THREE true and attested copies of the within WRIT OF EXECUTION ane). made the. contents thereof known to Her . Sheriff's Costs: Docketing Servic:e Affidavit Surcharge So ans?~~ .00 .00 .00 .00 .00 .00 R. Thomas Kline Sheriff of Cumberland County 00/00/0000 By Arid (llL'lk ' H4 ' ,A /"\^ /\(\ Deputy Sheri f . MoJ' Sworn and subscribed to before me . ~ ~ th~s ~ - day of ;LorV A.D. Q '.. t2 Jh.,ff;~:. .~ P o~otary. i Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEMPT BROS., INC. v. NO. 2000-1745 CIVIL TERM H. DANIEL BEIGH III and ONEIDA H. BEIGH, individually, and PHOENIX INDUSTRIAL, INC. CIVIL ACTION - LAW Defendants v. ALLFIRST BANK Garnishee ANSWERS TO INTERROGATORIES DIRECTED TO GARNISHFE Date: July L, 2000 KEEFER WOOD ALLEN & RAHAL, LLP BY:~~ gene Pepinsky, Jr. Attorney 1.0. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Garnishee 07/07/00 \37:49 KEEFER WOOD ALLEN & RAHAL .. 7175652870 NO.463 P01J3/010 HtI8~C1A,/{W5ktr~~Ot:ATOJ[Ifi$IJWN lllOi:lMlliK t,l \.! -' ,. INTERROGATORIES 1. At any time you were served or any subsequent time did you owe the Defendants any money or were you liable to it on any negotiable or other written instrument, or did it claim that you owed it any money or were liable to it for any reason? No. I 07/07/00 07:49 KEEFE:R WOOD ALLEN & RAHAL" 7175652870 NO.463 P004/010 HU.IVlE(CH<wl.~~OO^~t6IIUt<<~1llM/tl1IK~' 2. At any time you were served Or at any subsequent time was there in your possession, custody, or control, or injoint possession, custody or control of yourself or one or more other persons or entities, any property of any nature owned solely or in part by the Defendants? If your answer is Yes, please describe in detail the properly ofthe Defendants that is in your possession, custody or control. No. 2 07/07/00 07:49 KEEFER WOOD ALLEN & RAHAL .. 7175652870 No.463 P005/010 Mm'1&t(ClK(l~"N\SKmItrn!l'Jl()Ga.lCI;I1S1'lI.I'IC 1" l~\W.ll 3. At any time you were served or at any subsequent time did you. hold legal title to any property of any nature owned solely or in part by the Defendants. or in which Defendants held or claimed any interest? [[your anSWer is Yes, please describe in detail the property of the Defendants in which you own 1egallille to which is owned solely or in part by the Defendants, or in which Defendants held or claimed any interest. No. 3 07/07/00 07:49 KEEFER WOQD Al,LEl'J.& RAHAL .. 7175652870 NO.463 P006/010 H'8f 1f6fG1f (i4Nf1NDl rH1'!U:OCArnlllEflMJI.l"r. JalM)1s-. U 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendants had an interest? If your answer is Yes, please describe in detail any property that you hold as fiduciary. No. 4 07/07/00 \37:49 KEEFER WOOD ALLEN & RAHAL .. 7175652870 NO.463 P007/010 \ ~ml.BE1CMQ~l'Mlf81IN\'MJI.OUATOmS'1tIh'E 1t, MIWtIfn: rr S. At any time before or after you were served, did the Defendants transfer or deliver any property to you or to any person or place purSuant to your direction or consent and if so, what was the consideration therefor? Nd. 5 07/07/0!d !d7' 49 KEEFER WOOD ALLEN & RAHAL .. 7175652870 NO.463 POOB/010 HB1SEKiN~/l'II"rWQQA~/Bf'..tf/ltln.l\'IlIW*l1 6. At any time after you were served, did you pay, transfer or deliver any money Or property to the Defendants or to any person or place pursuant to its direction or otherwise discharge any claim of the Defendants against you? No. Respectfully submitted, Vvl i) 2.~ MlcitfEL L. BANGS P Attorney for Plaintiff 302 South 18th Street CampHilI,PA 17011 (717) 730-7310 Supreme CourllD #41263 6 107/07/00 07:49 KEEFER WOOD ALLEN & RAHAL" 7175652870. NO.463 P009/010 f1'I'f{~erC<<C:AAAfSfoE~~l(.~l1' STATE OF P€o~sy IVClft~... COUNTYOF DAvP!-lll"1/ ) (S8: ) Personally appeared before me, a Notary Public, in and for the State and County aforesaid, deponent, .J 1'10'\1;"" (y) 6-..eSc.v . who being duly sworn according to law, deposes and says that the answers contained in the foregoing Interrogatories are trUe and correct 10 the best of his knowledge. information and belief. ~~. c::;Ls___.. eponent SWORN AND SUBSCRIBED before me this 7 U, day of July ,2000. -:3(nn~~tJ Notary Public Notarial Seal Karin L WetzeDI Notary Public Paxtang 80m, auphin County My Commission ExpIres Oct. 9, 2003 Member, Pennsylvania Association of Notaries 7 .' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Answers to Interrogatories Directed to Garnishee by depositing true and correct copies of same in the United States mail, postage prepaid, certified mail-return receipt requested, at Harrisburg, Pennsylvania, addressed to the following: Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 H. Daniel Beigh III Oneida Beigh Phoenix Industrial, Inc. 950 Woodland Street Suite B Mechanicsburg, PA 17055 Date: July I ( ,2000 ~ fS 1-~ Eugene E. Peplnsky, Jr., Esquire 'e' (') 0 0 c: 0 " s:: L... .-, lln:; c::: :T:' rn n~ r- 1"'1f!J ;?; :J.l -,-.rn e:,C;;:: '" ::?? -<:c: ~Q c::o -0 ;..'::;--H -;; :r.: -',::0 e.,n t=O S:? (Jrn Pc: ... :z; :::> ::r-- Xl -< '0 -< '. SHERIFF'S RETURN - REGULAR CASE NO: 2000-01745 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC vs BEIGH H DANIEL III ET AL SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was servee). upon BEIGH H DANIEL III the DEFENDANT , at 0011:27 HOURS, on the 27th day of March , 2000 at 950 WOODLAND ST MECHANICSBURG, PA 17055 by handing to H. DANIEL BEIGH, III a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affie).avit Surcharge 18.00 8'.68 .00 10.00 .00 36.68 So Answers: ~~~~ R. Thomas Kline 05/01/2000 MICHAEL L. BANGS Sworn i'l.rtd Subscribed to before By: ~ntn1-'m. ~ Deputy Sheriff , me this ~r-c/ day of Q~Ao:Lo;; n."g:.~!~ ' rothonotary .,., > SHERIFF'S RETURN - REGULAR ChSE NO, 2000-01745 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS BEIGH H DANIEL III ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly swOrn according to law, says, the within COMPLAINT & NOTICE PHOENIX INDUSTRIAL .,INC was Elerved upon the DEFENDANT , at 0011:27 HOURS, on the 27th day of March , 2000 at 950 WOODLAND STREET MECHANICSBURG, PA 17Q.55.~nn' by handing to H. DANIEL BEIGH, III a true and attested copy of COMPLAINT & NOTICE together with and at the same time dire9ting His attention to the contents thereof. Sheriff's Costs: Docketing Service Affio.avit Surcharge So Answers: 6.00 .00 .00 10.00 '.00 16.00 r~"-'~~< R. Thomas Kline 05/01/2000 MICHAEL L. BANGS Sworn ~hd Subscribed.to. qefore By: '~fYl. ~ Deputy Sheriff me this 5~ day of ~ ~ ,A.D. . - - 4 . <../~<._~ ~ . ~rothonotary , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01745 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS BEIGH H DANIEL III ET AL R: Thomas Kline ,Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEIGH ONEIDA H but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 1st , 2000 , this office was in receipt of the attached return from. DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep. Dauphin Co 25.50 .00 50.50 05/01/2000 MICHAEL L. BANGS ~~ R. 'Thomas Kline " Sheriff of Cumberland County Sworn and subscribed to before me this .,5rt::..day of ~ ;J (J'JAI A g~?t:~~t'a;r1, ~ In The Court of Common Pleas of Cumberland County, Pennsylvania Hempt Bros., Inc. VS. H. Daniel Beigh, III, Serve., 0 One.ida H. Beigh et. al. No: 20-1745 Civil Now, 4113/00 ,20 Oc, I,SHERIFF OF CUMB~RLAND COUNTY, PA, do -- ~ -. hereby deputize the Sheriff of Dauphin County to exe.cute this Writ, this deputation being made at the request and risk of the P~~~ /~! Sheriff of Cumberiand County, P A Affidavit of Service Now, , 20~, at o'.clo.ck M. served the within upon at by handing to copy of the original 'a and made known to the contents thereof. So answers, , Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ (@ffb:e of tlp~ ~4~riff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HEMPT BRaS INC vs Sheriff's Return BEIGH ONEIDA H No.0861-T - -2000 OTHER COUNTY NO. 20-1745 AND NOW: April 21, 2000 NOTICE & COMPLAINT IN CIVIL ACTION BEIGH ONEIDA H to DEFT of the original at 9:25AM served the within upon by personally handing 1 true attested copy(ies) NOTICE & COM?tAINT IN CIVIL ACTION and making known to him/her the contents thereof at 304 MARY STREET UNIT 95 HBG, PA 17104-0000 Sworn and subscribed to before me this 21ST day of APRIL, 2000 / \ ~,:;J~!~ So Answers, !R~ :"()"'O~". _ ~ Deputy S e iff Sheriff's Costs: $25.50 PD 04/18/2000 RCPT NO 135885 DC/RM -;/"""-... '" ,1 HEMPT BROS., INC. ' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) ) ) H. DANIEL BEIGH, III, and ONEIDA H. ) BEIGH, individually, and PHOENIX ) INDUSTRIAL,INC., ) Defendants ) vs. CIVIL ACTION - LAW NO. 2000 - 17"1.S CIVIL NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the CoUrt without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 .. HBl\'. PHOENlXINDtJSTRIAL,INC.IMA!l.CH [7, lOOOIDISK10 " HEMPT BROS., INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ) ) ) ) ) H. DANIEL BEIGH, III, and ONEIDA H. ) BEIGH, individually, and PHOENIX ) INDUSTRIAL, INC., ) Defendants ) vs. CIVIL ACTION - LAW NO. 2000 - } '7 LAINT AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its counsel, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, Hempt Bros., Inc., is a Pennsylvania corporation with its principal place of business at 205 Creek Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendants H. Daniel Beigh, HI, and Oneida H. Beigh, are adult individuals who reside at 2300 Foxfire Circle, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Beigh"). 3. Defendant Phoenix Industrial, Inc., is a Pennsylvania corporation with its principal place of business at 4590 Industrial Park Way, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Phoenix"). 4. Plaintiff is in the business of, among other things, providing material for the construction of highways, said materials including crushed stone, sand, transit mix concrete, and other asphalt material. 5. Defendants Beigh contacted Plaintiff and requested Plaintiff to set up a credit account for Defendant Phoenix to supply Defendant Phoenix with certain materials for various jobs at various times. 1 HBI~. PHOENIX INOOSTRIAL.lNCJMARCH 17,2QOOfDISK:lO 6. Plaintiff agreed to set up a credit account with Defendant Phoenix provided that all invoices evidencing materials supplied to Defendant Phoenix were paid within thirty (30) days of receipt. 7. Plaintiff also agreed to set up a credit account with Defendant Phoenix provided that Defendants Beigh personally guaranteed payment for all materials supplied to Defendant Phoenix. Attached hereto and marked as Exhibit A is a true and correct copy of the Guarantee. 8. The personal guarantee provides, among other things, for the payment of all costs including, but not limited to, reasonable attorney's fees for the enforcement of the terms and conditions of the personal guarantee. 9. Plaintiff has engaged the law firm of Michael L. Bangs, Esquire, at the rate of$IIO.OO per hour to enforce the terms of the agreement between the parties and for the enforcement ofthe personal guarantee. 10. Defendant Phoenix and Defendants Beigh, pursuant to the guarantee, also agreed to pay the sum of one and one-quarter (l Y<%) percent interest per month for any outstanding invoices due over thirty (30) days. COUNTl HEMPT BROS., INC., vs. PHOENIX INDUSTRIAL, INC. BREACH OF CONTRACT 11. The averments of Paragraphs 1 through 10 are incorporated herein by reference as if more fully set forth herein. 12. Plaintiff, at the insistence and request of the agents, servants, or employees of Defendant Phoenix, acting within the scope of their employment, sold and delivered to 2 - lIDl~. PHOENIX tNDUSTRlAL. fNC./MARCH 17, 20001 DISK 20 Defendant Phoenix certain goods and materials at the times and in the amounts and for the prices set forth in Plaintiff's StatemenLQf Account which is attached hereto and marked as Exhibit B. 13. Defendant Phoenix accepted and received all materials ordered from Plaintiff and referenced on Exhibit B. 14. Defendant Phoenix has failed or refused to pay Plaintiff for the materials received by it and identified by the invoices which are reflected on Exhibit B. 15. Defendant Phoenix has breached the agreement with Plaintiff by its failure to pay for the materials received pursuant to the terms and conditions of the credit account. 16. Plaintiff has been damaged in the amount of $88,577.04, as a result of Defendant Phoenix's failure to pay for all outstanding invoices in accordance with the agreement between Plaintiff and Defendant Phoenix. 17. Plaintiff is also entitled to receive interest at the rate of one and one-quarter (I Y<%) percent per month for all invoices due over thirty (30) days as a result of Defendant Phoenix's failure to pay for the materials received in accordance with the credit account established by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Phoenix in the amount of $88,577.04, plus interest at the rate of one and one-quarter (I Y<%) percent per month for all outstanding invoices due over thirty (30) days, to be calculated until the time of judgment in this case. 3 HBl v.PHOENIX WDUSTIUAL. INCJMAROlI7, ~OOOI DiSK 20 -' COUNT II HEMPT BROS., INC., vs. PHOENIX INDUSTRIAL, INC. UNJUST ENRICHMENT 18. The averments of Paragraphs I through 17 are incorporated herein by reference as if more fully set forth herein. 19. The prices charged for said goods and materials are just and reasonable and are the prices which the agents, servants, and employees of Defendant Phoenix, acting within the scope of their employment, orally promised to pay Plaintiff for those goods and materials. 20. Defendant Phoenix has failed or refused to pay for the goods and materials received by it despite repeated demands by Plaintiff. 21. Defendant Phoenix has been unjustly enriched at Plaintiff's expense by its failure to pay for the goods and materials it received in the amount of $88,577.04, plus interest at the rate of one and one-quarter (1 \1.,%) percent per month for all invoices due over thirty (30) days, as a result of its acceptance of the goods and materials delivered by Plaintiff and used by Defendant Phoenix. WHEREFORE, Plaintiff demands judgment against Defendant Phoenix in the amount of $88,577.04, together with interest at the rate of one and one-quarter (1 \1.,%) percent per month for all invoices due over thirty (30) days, to be calculated until the time of judgment in this case. COUNT III HEMPT BROS., INC., vs. H. DANREL BEIGH, III and ONEIDA H. BEIGH AC.TION ON PERSONAL GUARANTEE 22. The averments of Paragraphs Ilhrough 21 are incorporated herein by reference as if more fully set forth herein. 4 Hal ~, PHOENIX {}.:UUS1'RlAL.1NC.iMA1l.Cl1 I~, 10001 OISK 1(1 23. Defendants H. Daniel Beigh, 1lI, and Oneida H. Beigh, pursuant to Exhibit A, personally guaranteed the amounts due and owing to Plaintiff, on ajoint and several basis, for the materials received by Defendant Phoenix. 24. Plaintiff is owed the amount of $88,577.04, as a result of the failure of Defendant Phoenix to pay all outstanding invoices in accordance with the terms ofthe credit account agreement between Plaintiff and Defendant Phoenix, and as such, the guarantors, Defendants H. Daniel Beigh, lll, and Oneida H.Befgh, are personally liable, joint and severally liable, for said payment to Plaintiff. 25. Plaintiff is also entitled to receive interest at the rate of one and one-quarter (l l4%) percent per month for all invoices due over thirty (30) days as a result ofthe failure to pay for the outstanding invoices and pursuant to the terms of the guarantee. 26. Defendants H. Daniel Beigh, lll, and Oneida H. Beigh are also responsible for all costs and expenses, including, but not limited to, reasonable attorney's fees and costs which are incurred by Plaintiff in the enJorCement of the personal guarantee and in the enforcement of the terms and conditions of the credit account between Plaintiff and Defendant Phoenix. WHEREFORE, Plaintiff demands judgment against Defendants H. Daniel Beigh, III, and Oneida H. Beigh, joint and severally, in the amount of $88,577.04, plus interest at the rate of one and one-quarter (l l40/0) percent per month for all invoices due over thirty (30) days, to be 5 RBI v. PHOEl'i1X INDUS1RlAL. lNCJMARCH 17, lUOOlOI$X 20 " .' calculated until the time of judgment in this case, plus reasonable attorney's fees and costs of suit. "",,,,,,",l1y ,"bmi'fb MI AEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 6 ~ ~ HBI\'. rftOENlXINDUSTIUAt. INC,IMARC'H 11.1000fDISK 10 VERIFICATION GEORGE F. HEMPT, being duly sworn according to law, deposes and says that he is the President ofHEMPT BROS., INC., a Pennsylvania corporation, the Plaintiff herein, and that as such President, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. HEMPT BROS., INC. 7 '11'" .~.// -1. I ' J ,- , PERSONAL GI'ARA"TY - ~~) AND NOW CQMES, H. Daniel and Oneida H. Beigh (Insert name(s) of individual(s) who are'providing guaranty). hereinafter referred to as "Guarantor(s)'", for \'aJuable consideration, the receipt of which is acknowledged and intending to be legaJly bound hereby. individually. jointly and severally, hereby unconditionally guarantees to HEMPT BROS., INC., the full and prompt perf0J111anCe and paymell\by Phoenix Indllstrial. lric. (name of company or corporation) hereinafter referred to as "Obligor". Guarantor unconditionaJly guarantees payment to HEMPT BROS., INC., for all obligations which Obligor may have to HEMPT BROS., INC., and payment when due of all sums owed by Obligor to HEMPT BROS., INe. _ CONTINUING'GUARANlY: For purposes ofthi~ Guaranty, all sums owed by the Obligor are u~conditional and guaranteed and shall be deemed to become immediately due and payable if: A. Obligor defaults in anyof its obligations to HEMPT BROS., INe.; B. A petition under any Chapter of the Bankruptcy Act or the appointment of a receiver of any part of the property of Obligor is filed against Obligor and not dismissed within thirty (30) days; C. Obligor files a petition for bankruptcy; D. Obligor makes a general assignment for the benefit of creditors or suspends business or commits any act amounting to a business failure; E. An attachment which is levied or a taX lien filed against any of Obligor's property. This is a continuing guaranty and indemnity agreement and shall be deemed to be effective and binding on the Guarantor and shall not be impaired or affected by: A. New altreements, modification of agreements, renewals or waiver of defauk as to an existing 0; future agreement ofOblig,?; or extensions of credit to Obligor; B. Adjustments, compromises or releases of any obligation of Obligor as between HEMPT BROS., INC., or as between Obligor and any third party; C. Fictitiousness, incorrectness, invalidity or unenforceability for any reason of . any instrument of writing; D. Extensions, moratoria Or other relief granted Obligor pursuant to any statute presently in force; E. Interruptions in business relations: F. Uick ofnoticeii> any obligor; G, Delay in making demand on Obligor for payrnent pursuant to this Guaranty. AMOUNT OF LIABILITY: The amount of Guarantor's liability shall be in an an'lou11l equal to the c;'edit extended to Obligor. JOINT AND SEVERAL OBLlGA TION: The obligations hereullder of each oflhe undersigl1ed Guarantors are joint and several and shall be binding on their respective heirs and personal represel1tatives. The failur~ of any person to sign this Guaranty and il1demnity shall not affect the liability of any otherGuaranior herein. . ~"'''''le,:"~",,,'!-.'''- _......'d_~-.'_....... :. ~-..:....,~.t<41"'o'I~.;'\lO-.J~i-:.:". __;..,.. '..;. ...~r~..: ~ .,--.!". _~.' '"~Y.:>'':;....""",,''~ ....~~-,.:..._. - -~--- /I /'- TERMINA TION OF LIABILITY: ~ny Guarantor [MY terminate his or her respecth'e " obligations hereunder as to then future transaction between HEMPT BROS.. INC., and Obligor provided . that th~y give wrinennotice to HEMPT BROS.. J~t.. by registered majl at 205 Creek Road, Camp Hill, Pent1Syhania. 170 I I. provided, however. that such term ination shall not affect either his/her liability hereunder with respect to any obligations of Obligor to HEMPT BROS., INC.. incurred prior to receipt of such notice, nor shall it affect the continuing liability of any other Guarantor "'ho has not g;\'en notice: PA YMENT OF COSTS: In addition to all other liability of GUlframor, Guarantor agrees to pay HEMPT BROS., INC., all costs and expenses including, but not limited to, reasonable anomey's fees and COStS which may be incurred in the enforcement of this Guaranty and Obligor's obligations to HEMPT BROS., INC. ASSIGNMENT OF G1JARANTY AND INDEMNITY: TIlis Guaranty and indemnity is assignable and shall be construed liberally in favor ofHEMPT BROS., INC., and shall inure to the benefit of the successors and assiglls ofHEMPT BROS., INC. If Obligor shall default in the performance of any of Obligor's obligations to HEMPT BROS., INC., and if any third party makes any payment to HEMPT BROS., INC., with respect thereto, such third party shall, to the extent of payment, be subrogated to all rights of HEMPT BROS., INC., against Obligor and Guarantor. 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" F ~ '-" ".J !> , 0 " z: 7 '" '" ~ i7j - , '" '" ~.;;. ... 1-'"1-'- rJ'! f..E O".J " ~ HH 77 CC -i ::$ '-' m :.:S: D-i W,>, f7i ;::, <: ... fA 0-. g >> ? HEMPT BROS., INC., Plaintiff vs. H. DANIEL BEIGH, III, and ONEIDA H. BEIGH, individually, and PHOENIX INDUSTRlAL, INC., Defendants >> f , o < ~ ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1745 CIVIL TERM CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this /I~ day of ])". ~r , 2000, a Rule is issued upon Defendant H. Daniel Beigh, III, and Defendant Oneida H. Beigh, to show cause why the relief requested in the Motion to Compel Answers to Interrogatories in Aid of Execution and for the Imposition of Sanctions in the Form of Attorney's Fees should not be granted. ~ht e-z..l>) THIS RULE is returnable within-tGR (1 Q) days of service upon Defendant H. Daniel Beigh, III, and Defendant Oneida H. Beigh, either personally or through their counsel, by regular mail. BY THE COURT, /lJ- Lap-W>-1Y! ~ /2-0.-00 -Kk.3 J. FILED~OfFiCE OF -:r:~:. FPOT1'~Cr,lOTA9Y 00 DEe! 2 AM 9: 24 CUMBERLA.hjD COUNTY PENNSYLVANIA ,. ., , , " .. , . .... ~ < , HEMPT BROS., INC., Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1745 CIVIL TERM H. DANIEL BEIGH, III, and ONEIDA H. BEIGH, individually, and PHOENIX INDUSTRlAL, INC., Defendants CIVIL ACTION - LAW MOTION TO COMPEL ANSWERS TO INTERROGATORIES IN AID OF EXECUTION AND FOR THE IMPOSITION OF SANCTIONS IN THE FORM OF ATTORNEY'S FEES AND NOW comes the Plaintiff, Hempt Bros., Inc., by and through its counsel, Michael L. Bangs, Esquire, and files this Motion to Compel Answers to Interrogatories in Aid of Execution against Defendants H. Daniel Beigh, III, and Oneida H. Beigh, based upon the following: I. On or about June 6, 2000, judgment was entered against H. Daniel Beigh, III; Oneida H. Beigh, and Phoenix Industrial, Inc., in the amount of$88,782.13. 2. On or about June 6, 2000, Interrogatories in aid of execution were sent to H. Daniel Beigh, III, and Oneida H. Beigh. Attached hereto and marked as Exhibit A respectively is a true and correct copy of the Interrogatories sent to H. Daniel Beigh, III, and the exact same Interrogatories were sent to Oneida H. Beigh. 3. On or about August 15,2000, a second request was sent to H. Daniel Beigh, III, and Oneida H. Beigh to answer the Interrogatories. Attached hereto and marked as Exhibit B is a true and correct copy of a letter sent to both parties. I ~ ~ , , .,. 4. On or about August 23,2000, counsel for Plaintiff was contacted by counsel for H. Daniel Beigh, III, who requested an extension to answer the Interrogatories which was granted until September 6, 2000. Attached hereto and marked as Exhibit C is a true and correct copy of the granting of the extension. 5. On or about October 23, 2000, Plaintiffs counsel again contacted counsel for H. Daniel Beigh, III, and requested that the Interrogatories be answered. 6. On or about November 3, 2000, Phoenix Industrial, Inc., filed for Chapter 11 protection of the Bankruptcy Code. 7. Neither H. Daniel Beigh, III, nor Oneida H. Beigh has filed for bankruptcy protection and neither has answered the Interrogatories in aid of execution. 8. Plaintiff has waited approximately six months and has incurred unnecessary legal costs in getting the Interrogatories answered. WHEREFORE, Plaintiff requests this Honorable Court to do the following: A. Order and direct that H. Daniel Beigh, III, and Oneida H. Beigh file full and complete answers to the Interrogatories propounded upon them in aid of execution within seven (7) days of the date of this Order; B. Impose sanctions upon H. Daniel Beigh, III, and Oneida H. Beigh for failure to answer the Interrogatories, in the form of payment of Plain tiff's counsel fees in the amount of$SOO.OO; and 2 ~ . ~ , C. Such other relief as the Court deems appropriate. MI L L. B GS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 3 . , o < " VERIFICATION PURSUANT TO Pa. R.C.P. l024(c) I, MICHAEL L. BANGS, Esquire, counsel for Hempt Bros., Inc., verify that the statements made in the foregoing Motion to Compel Answers to Interrogatories in Aid of Execution and for the Imposition of Sanctions in the Form of Attorney's Fees are true and correct to the best of my knowledge, information, and belief based upon information and documents provided to me by Hempt Bros., Inc. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: b De.e.'J.OOD 4 HBt BErCH MOTION TO COMPEr..1 PECEMBER 6, ZllOO I DISK .:w ., CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Motion to Compel Answers to Interrogatories in Aid of Execution and for the Imposition of Sanctions.in the Form of Attorney's Fees by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Robert E. Chemicoff, Esquire Cunningham & Chernicoff 2320 North Front Street Harrisburg, PA 17106-0457 Mrs. Oneida H. Beigh 304 Mary Street, Unit 95 Harrisburg, PA 17104 DATE: !'i / h/tJP ( rlJj;JuiGtX UU~'iDo WENDY S. <tHESBRO Paralegal I 5 ~-;. ----- - , ~"'""""""""-='~rO.,~.<'_', - - . ) HEMPT BROS., INC., Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A NO. 2000-1745 CIVIL TERM H. DANIEL BEIGH, Ill, and ONEIDA H. BEIGH, individually, and PHOENIX INDUSTRlAL, INC., Defendants CIVIL ACTION - LAW INTERROGATORIES IN AID OF EXECUTION TO: H. DANIEL BEIGH, III 950 Woodland Street Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that you are required, pursuant to Pa. R.C.P. 4005 and 4006, to file the original with the Court and serve a copy on the undersigned, of your Answers to the within Interrogatories within thirty (30) days after service of same. Each Interrogatory shall be answered fully and completely, in writing and under oath. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. These Interrogatories shall be continuing in nature. If, at any time subsequent to the filing of your original answers, you or anyone acting on your behalf should learn or be made aware of additional information requested but not contained in your original answers, then you shall promptly file a Supplemental Answer containing the same. DATE: 01 {o)ro 1f\1 lll'~~lllj Jh n~~~~BAN~J:. Mp- Attorney for Plaintiff 302 South 18th Street Camp Hill, P A 17011 Supreme Court ID #4 I 263 1 , -."-."",;>0<,,-,,,,".",,---,, .~. . ~.' ., > INSTRUCTIONS AND DEFINITIONS The following Instructions and Definitions form an integral part of these Interrogatories, and the Interrogatories are to be read and answered in accordance with these Instructions and Definitions. I. DOCUMENT The term "document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, whether sent or received or neither, including drafts and copies bearing notations or marks not found on the original, and includes, but is not limited to: (a) All contracts, agreements, representations, warranties, certificates, opinions; (b) All letters or other forms of correspondence or communication, including envelopes, notes, telegrams, cables, telex messages, messages (including reports, notes, notations, and memoranda of or relating to telephone conversations or conferences); ( c) All memoranda, reports, financial statements or reports, notes, transcripts, tabulations, studies, analyses, evaluations, projections, work papers, corporate records or copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts, statistical records, compilations; (d) All desk calendars, appointment books, diaries; (e) All books, articles, press releases, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, manuals; (f) All minutes or transcripts of all meetings; and (g) All photographs, microfIlms, phonographs, tapes or other records, punch cards, magnetic tapes, disks, datacells, dnuns, printouts, and other data compilations from which information can be obtained. 2 ~"'~'J" ".J";">'_, w~ ._,'_" _ _.' ". .'"",. ,., "'. " '- II. COMMUNICATION . The term "communication" means not only oral communications, representations, or warranties, but also any documents (as such term is defined in Section I above), whether or not such document or the information contained therein was transmitted by its author to any other person. III. IDENTIFY; IDENTITY; IDENTIFICATION When used in reference to a natural person, the terms "identifY", "identity", or "identification", mean provide the following: (a) Present or last known business and residence addresses; (b) Present or last known business affiliation; and (c) Present or last known business position (inc1udingjob functions, duties, and responsi bili ties). When used with reference to any entity other than a natural person state: (a) Its full name; (b) The address of its principal place of business; (c) The identity of all individuals who acted and/or who authorized another to act on its behalf in connection with the matters referred to; (d) In the case of a corporation, the names of its directors and principal officers; and (e) In the case of an entity other than a corporation, the identities of its partners or principals or all individuals who acted or who authorized another to act on its behalf in connection with the matters referred to. When used in reference to a document, the terms "identifY", "identity", or "identification" mean provide the following: 3 '~',,, .~_~. ...."'.,....".......~ ;>__'_". .,"_"'~'M~ ,.....''''_ ~ . --~. - ... -"~. ~- , (a) The nature of the document (e.g. letter, contract, memorandum) and any other information (i.e. its title, index, or file number) which would facilitate in the identification thereof; (b) Its date of preparation; (c) Its present location and the identity (as defined previously herein) of its present custodian or, if its present location and custodian are not known, a description of its last known disposition; (d) Its subject matter and substance or, in lieu thereof, annex a legible copy of the document to the answers of these Interrogatories; (e) The identity (as defined previously herein) of each person who performed any function or had any role in connection thereof (i.e. author, contributor of information, recipient, etc.) or who has any knowledge, thereof together with a description of each such person's function, role, or knowledge; and (f) If the document has been destroyed or is otherwise no longer in existence or cannot be found, the reason why such document no longer exists, the identity (as defined previously herein) of the people responsible for the document no longer being in existence and of its last custodian, When used in connection with an oral communication, the terms "identify", "identity" or "identification" mean provide the following information: (a) General nature (i.e. conference, telephonic communication, etc.); (b) The time and place of its occurrence; (c) Its subject matter and substance; (d) The identity (as defmed previously herein) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof together with a description of each such person's function, role, or knowledge; (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and IV. DESCRJBE; DESCRJPTION When used with respect to any act, action, accounting, activity, audit, practice, process, occurrence, occasion, course of conduct, happening, 4 _ ~,,_~,..,~A: :.~ ,..~,~~~~~~~;;;~:~~~~:::~~~~;~~.:'~~ ,,",~ .'-...., .' -;.:.;~~, ~"-,,~..~.,,<..,,,,-,-~. <-",," "",,""1<'li~ ,.;';:"....-. ,~:... ~~'"::,.-..~~.:"-';-='t. negotiation, relationship, scheme, transaction, instance, incident or event, the terms "describe" or "description" mean provide the following information: (a) Its general nature; (b) The time and place thereof; (c) A chronological account setting forth each element thereof, what such element consisted of, and what transpired as part thereof; (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof together with a description of each such person's function, role, or knowledge; (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and (f) The identity (as defined previously herein) of each oral communication which was a part thereof or referenced thereto. When used in connection With any calculation or computation, the terms "describe" or "description" mean provide the following information: (a) An explanation of the manner in which it was derived; (b) The identity (as defined previously herein) of each person who performed any function with respect thereto and a description of his function; ( c) The identity of each document (as defined previously herein) which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and (d) The identity (as defined previously herein) of each oral communication which occurred in the course of the preparation thereof or which referred thereto. V. FACTUALBASJS The term "factual basis" means: (a) Set forth each item of information upon which the allegation, contention, claim, or demand to which it pertains is based; and 5 t!:~ (b) With respect to each such item of information, identify each person having knowledge thereof and identify and describe (as defined previously herein) each source thereof. VI. RELATES TO; THERETO The terms "relates to", "relating to", or "thereto" when used in connection with any act, action, activity, account, practice, process, occurrence, occasion, course of conduct, contractual provision or document, happening, relationship, scheme, conference, discussion, development, service, instance, incident, event, means used or occurring or referred to in the preparation therefor, or in the course thereof, or as a consequence thereof, or referring thereto. VII. PERSON The term "person" means all natural persons, corporations, partnerships, or other business associations, public authorities, municipal corporations, state governments, local governments, all governmental bodies, and all other legal entities. 6 INTERROGATORIES 1. Identify the name, address, and telephone number of the person answering these Interrogatories. 2. Please list any and all bank accounts which you maintain and include the following: A. The name and address of the branch in which the accounts are located; B. The account number(s); C. The title of the account(s) and date it was opened; D. The current balance in the account(s); and E. The balance in the account(s) as of March 1,2000. 7 . ~ ",_' . _ A__~ ~ - :.. - ~ ~ ~ ' .,. " c, i ~ - .....' . 3. Please list all stocks, bonds, retirement accounts, and include the following: A. Individually list all items identified including the date of acquisition; the current value; and value as of March 1,2000. B. Attach a current statement showing the value of those assets. C. Identify the current location of those assets are maintained. 8 ill""""''"'' , . .....,,,..,-,'~l'limrilT In I=W"-'''n-c-7rSrOOEJCT&::,A!I 4. Identify all motor vehicles, including trucks, forklifts, front-end loaders, and any other construction vehicles, and include the following: A. The VIN number; B. The title or titles in which the motor vehicles are maintained; C. The current location of the motor vehicles and other construction vehicles as identified herein. 9 e -';;';._, 5. Identify all personal property in your possession, and include the following: A. Attach a list identifying the personal property; B. The location of the personal property; and C. Identify the owner of the personal property. 10 COMMONWEALTH OF PENNSYLVANIA ) ( ) SS: COUNTY OF Personally appeared before me, the undersigned, a Notary Public in and for the Commonwealth and County aforesaid, deponent, H. DANIEL BEIGH, III, who being duly sworn according to law, deposes and says that the answers contained in the foregoing Interrogatories are true and correct to the best of his knowledge, information and belief. Deponent Sworn and subscribed to before me this day of , 2000. Notary Public 11 . . _illfi'" . itil~tj'i!iiiiiiIrj~i";-" ...... _.. .. ,..~ - ") _"'_"~' _~~"."_,.,-,J~-, :"l . CERTIFICATE OF SERVICE I hereby certify that I served an original and two copies of the foregoing Interrogatories upon the following, by certified mail, postage prepaid, return receipt requested: H. Daniel Beigh, III 950 Woodland Street 11echanicsburg,PA 17055 DATE: (0!0100 au) YIJ~ ~lCiJ!;)7() NDY S. C BRO Legal Assistant 12 . ? , MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE 717-730-7310 ., FAX 717-730-7374 E-mail: bangslaw@paonline.com ~ August 15, 2000 F!LE Mrs. Oneida H. Beigh 304 Mary Street, Unit 95 Harrisburg, PA 17104 Mr. H. Daniel Beigh, JII 950 Woodland Street Mechanicsburg, !' A 17055 Dear Mrs. Beigh and Mr. Beigh: I have not yet received any answers to the discovery request that I had sent to you on June 6, 2000. Enclosed you will find a true and correct copy of those discovery requests. Please be advised that ifI do not receive full and complete answers to those discovery requests within seven (7) days, I will file a Motion to Compel with the court and will ask that the court award attorney's fees as a result of filing this MotioIl. Very truly yours, Michael L. Bangs wsc cc: Hempt Bros., Inc. " " MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH ISTH STREET CAMP HILL, PA 170([ PHONE 717-730-7310 FAX 717-730.7374 E-mail: baneslawrBlpaonline.com -~:" August 24, 2000 r--- '" If ,If:::: ~ "- Marc W. Witzig, Esquire Cunningham & Chemicoff Post Office Box 60457 Harrisburg, PA 17106-0457 RE: Hempt Bros., Inc., vs. H. Daniel Beigh, III, et al. Cumberland County No. 2000-1745 Civil Term Dear Marc: This is to confirm my phone conversation with you on August 23, 2000, and in response to the letter you sent to me that date. I understand your office represents Phoenix Industrial, Inc" and H. Daniel Beigh, III, individually. I also understand that Mr. Chemicoff is primarily handling the case and that he is out of town. I will grant you an extension until September 6, 2000, to answer the Interrogatories. Please let me know if you have any information as to who represents Mrs. Beigh since I understand they are involved in a divorce proceeding. Also, please advise me if it appears that Mr. Beigh and his company intend to file for bankruptcy so that I may advise my client accordingly and not spend additional time and effort on the matter. Thank you for your cooperation. Very truly yours, ~ L. '8a<1f4/e<J<<. Michael L. Bangs wsc Enclosure cc: Hempt Bros., Inc. . ..-J ". HEMPT BROS., INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW H. DANIEL BEIGH, III, and ONEIDA H. BEIGH, individually, and PHOENIX INDUSTRIAL, INC., Defendants NO. 2000-1745 CIVIL TERM DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES IN AID OF EXECUTION AND FOR THE IMPOSITION OF SANCTIONS IN THE FORM OF ATTORNEY'S FEES NOW COME the Defeno.ants, H. Daniel Beigh, III ano. Oneio.a H. Beigh, by and through their attorneys, Cunningham & Chernicoff, P.C., and file their Answer to Plaintiff's Motion to Compel Answers to Interrogatories in Aid of Execution and for the Imposition of Sanctions in the Form of,Attorney's Fees (the "Motion") as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Byway of further answer, negotiations ensued regarding possible settlement. ~ OJ 5. Admitted. 6. Admitted. By way of further answer, the filing of Phoenix Industrial, Inc. operates as a stay under 11 U.S.C. ~362 of all actions in the within case. Plaintiff has never taken steps to sever the action against the individuals from the action against Phoenix Industrial, Inc. 7. It is admitted that neither of the Defendants H. Daniel Beigh, III, or Oneida lj~ Beigh have filed for bankruptcy protection. .Defendant Phoenix Industrial, Inc. has filed for Chapter 11 protection under the Bankruptcy Code, though. Furthermore, as of the date of this Answer, Defendants have answered the Interrogatories in aid of execution and as such deny that neither H. Daniel Beigh, III, nor Oneida H. Beigh have answered the Interrogatories in Aid of Execution. 8. Defendants deny that Plaintiff has "waited" for six months. On the ,contrary, Defendants have, anticipated proper severance of the action by Plaintiff from that of Pheonix Industrial, Inc. at which point the Interrgatories would be answereo.. FinallY, pursuant to Pa.R.C.P. 4019(g) (1), Plaintiff is not entitled to legal costs in causing Interrogatories to be answered. Under such, Plaintiff is only entitled to legal costs upon the filing of a Motion for Sanctions. 2 ";,, ... WHEREFORE, Defendants H. Daniel Beigh, III and Oneida H. Beigh respectfully request that this Honorable Court deny Plaintiff's Motion to Compel Answers to Interrogatories in Aid of Execution, as moot, and, pursuant to Pa.R.C.P. 4019(g) (1), deny any imposition of sanctions in that a separate motion for sanctions has not been filed subsequent to an order compelling compliance. Respectfully submitted, Date: CUNNINGHAM & /:_/1 ;;;:~ Robert E. C Attorney Ide . N 2320 North Second St P.O. Box 60457 Harrisburg, PA (717) 238-6570 (Attorneys for Defendants) sjo\docs\answers\beigh.com 3 "-- ,,,,, '" - . CERTIFICATE OF SERVICE I, John M. Hyams, a Legal Clerk with the firm of Cunningham & Chernicoff, P.C., do hereby certify that a true and correct copy of the Answer to Plaintiff's Motion to Compel Answers to Interrogatories in Aid of Execution and for the Imposition of Sanctions in the Form of Attorney's Fees in the above-captioned matter was placed in the united States Mail, first class delivery, postage prepaid in Harrisburg, Pennsylvania on December 21, 2000, on the following: Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 (Attorney for Plaintiff) Respectfully submitted, Date: /;! bfro / CUNNINGHAM & CHERNICOFF, P.C. BY~ . Joh . Hyams 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Defendants) ---- >- ..::t ~ r::r.: <- I-- t52 M =><r: 0-- --CJ x: ::..:>::S; f;::r: "- c:t3 0"'.: , , '..0 ?:'?;) 0'; t.'.' '" >2Jz ---'.. '--' r:z c::: ~,; Ld '.-l1Ll..J ~-- ;1]('1_ CO :z L. a :::> u = u L ...~-~!,., -'-.'.P=~~~,!~~ " o ~ "'"" a. ;:::: u:- T'" .....1-<( olJ:lz ua:~ zl-;.J a:(/)>- we(/) ;I:ZZ UOZ oIl~~ :E (/) - <( . Cl ;I:za: Clo::l z",m -<'>(/) Z"'- Z a: ::l a: U ~ o '" '" <D <.0 <'> '" r::- T'" '" ~ ! <~;'- " '""", -~--;-:'-~-~:- .-,-,,:.'~ """~..i._,____-.:1ToM__~~-_~:-~-,..:- ,., P< o " t> '" ~ ~ o " ;;: @ '" '" b "''2 '" 0 ~ is E~ .~ 0 -S"g &~ ~ ~ u .= >>.~ ~ ~ '" 0 il '" ,J::l<5 ~ ~ o ~ <B ii;' " ~ ~ CUNNINGHAM & CHERNICOFF, P.C. ..} -' , -' ' . .... . .0 \. ~ e (/'---+ \\ ~e~ PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 HEMPT BROS., INC. IN THE COURt OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff Writ No. No. 1745 civil Term Term 2000 vs. H. DANIEL BEIGH, III, and ONEIDA H. BEIGH, individually and PHOENIX INDUSTRIAL, INC. Defendant TO THE PROTHONOTARY OF SAID COURT: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against H. Danie~~igh, III, 2300 1l'9xf'ire Circle, Mechanicsbllrg, PA Defendant(s); AI \ e-NU Jf)) (4) and against Mellon Bank Gamishee( s); and index this writ: (a) against H. Dan i el Bei gh, I I I ,Defendant(s) and (b) against Mellon Bank Gamishee(s), as a lis pendens against the real property of the Defendant(s) in the name of the Gamishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy. Attach any and all property of Defendant H. Daniel Beigh, III, and levy upon any property of Defendants H. Daniel Beigh, III, and Oneida H. Beigh in the possession of Mellon Bank, Garnishee. Amount due Interest from [Costs to be added] Date: i I.o../D I ". / I YJIt $46,690.98 $ $ (5) ) '~.'" (") c::> (") C " s:: <- .~ -0:;:-0 "'" ;~.:: ;::: S2C; .--- , .,~jm :z~' .,.,......; ~~": v:;; ;-") .L) r::: c:: -U ).~ ~t\ ~- ~;G ~t~ /-0 )>C '-:? q -, :z :::> ~ ~ CO -< .~ HEMPT BROS., INC. IN THE COURT OF COMMON PLEAS 'CUMBERLAND COUNTY, PA Plaintiff Writ No. No. 1745 Civil Term term 2000 vs. H. DANIEL BEIGH, III, and ONEIDA H. BEIGH, individually " and PHOENIX INDUSTRIAL, INC. Defendant WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of$300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff s Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 \ .~ MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, unifonns and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law. '. HEMPT BROS., INC'. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff Writ No. No. 1745 CiVl1 Term.. Term ;<uuu vs. H. DANIEL BEIGH, III and ONEIDA H. BEIGH, individually and PHOENIX INDUSTRIAL, INC. . Defendant CLAIM FOR EXEMPTION To the Sheriff: !, the above-named Defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) ! desire that my $300 statutory exemption be _(i) set aside in kind (specify property to be set aside in kind): _ (ii) paid in cash following the sale of the property levied upon; or (b) ! claim the following exemption (specify property and basis of exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300 statutory exemption: _ in cash; __.. " in kind (specify property): (b) Social Security benefits on deposit in the amount of $ (c) other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at , '. _ . (Address and Telephone Number) ....-- . I verifY that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: (Defendant) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERlFF COUNTY, PENNSYLVANIA FV J ......... 0, . Cl' ~ n = 0 c " s:: '- --4 ""Dc:; ~:...~ ~.,.: )j tJ.:i L"-~~ :.':;: -','1;:;::: L:- .~'.> 1 ':~9 e~~.:, l.O ]~ ~t~ -t:o 'J.;,. ._~ :.:;..: ~(~; S*? qm 5>c ~;! -? C) 5:J :~ CO -< . . ~ ~ T' ~ .' PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 HEMPT BROS., INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff Writ No. . ' No. 1745 Civil Term Term 2000 vs. H. DANIEL BEIGH, III, and ONEIDA H. BEI_S;~, iI?-pividuaJ.ly and PHOENIX INDUSTRIAL, INC. Defendant TO THE PROTHONOTARY OF SAID COURT: ISSUE A WRIT OF EXECUTION IN THE ABOVE MA ITER, (1) (2) Directed to the Sheriff of DAUPHIN County, Pennsylvania; against Oneida H.. Beigh,.}OA Harrisburg, Pennsylvania. Mary Street, Unit ~ (3) and againstPA State Employ~:s Cred:i. t un:i.on~PSEClJ)Gamishee(s); (4) and index this writ: (a) against Oneida H. B~igh ,_G ..' Def'endant(s) and , -....'" .- -~ (b) against PA state Employees Credit Union (.I'~ECltlamishee(s), I ~;-I lh< ~ 'VI. P l-l<-U-- ti h '51 n /I D ' as a lis pendens against the real property ofthe Defendant(s) in the Mme of the Gamishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy. Attach any and all property OI Defendant Qneida H. Beigh and levy upon any property in the possession of PSECU, Garnishee, specifically Account No. 187386285. (5) $ 46,690.98 $ $ Amount due Interest from [Costs to be added] Date: Ilo-Jj)J ~' I , uz v . aintiff (Attorney for ) i' .... , <.> C) 0 c:: -n 5:: ~ -~ -or::: ;;:; ~:"- ....,.., nlrr- .r= Z::r.- , '"~!'n ZC;:: <D ";:' ~~~': .;~!~-? ~c; --:J -",- ,:~~[q -'~ -" :?;~. '='? :'"'Sm >c =., Z = ~ ~ 0:> -< r . , HEMPT BROS., INC.' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff Writ No. No. 1745 Civil Term Term 2000 vs. H. DANIEL BEIGH, III, and ONEIDA H. BEIGH, individually and PHOENIX INDUSTRIAL, INC. Defendant WRIT OF EXECUTION NOTICE J This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of$300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) FiII out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff s Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 ,.. . MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law. f' . . .' HEMPT BROS.,' INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA '"' . ~ - Plaintiff Writ No. No. 1745 Civil Term Term ;wuu vs. H. DANIEL BEIGH, III and ONEIDA H. BEIGH, individually and PHOENIX INDUSTRIAL, INC. . Defendant CLAIM FOR EXEMPTION To the Sheriff: I, the above-named Defendant, claim exemption of property from levy or attachment: '. (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300 statutory exemption be _ (i) set aside in kind (specifY property to be set aside in kind): _ (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specifY property and basis of exemption): (2) From my property which is in the possession ofa third party, I claim the following exemptions: (a) My $300 statutory exemption: _in cash; _in kind (specifY property) : (b) Social Security benefits on deposit in the amount of $ (c) other (specifY amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address and Telephone Number) / "'<',-., . I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: (Defendant) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF COUNTY, PENNSYLVANIA C\ ~rt ~iD fJ (") <:::> 0 c:: .,.") v:<~ :;':110 ---~ n1f~\ _I~ -n ~~.J I "~ V5~'. -""... ,'-' t~~ ~tj ..." PC" ~g '.:-? t~;Tl :z: -~ =<! 0 ?Xi <Xl -< ~ (y '-'> i=' --.. ~ C!\ ~ :-.... &: < '- ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-1745 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due Hempt Bros.. Inc. PLAINTIFF(S) from Oneida H. Beigh. 304 Mary St., Unit 95,' Harrisburg PA DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Attach any and all property of Defendant at above address. , (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PA state Employees Credit Union, 1 Credit Union Place, Harrisburg PA 17110. GARNISHEE(S) as follows: Anv property in possessron of PSECU specifically Account No. 187386285. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property oflhe defendant(s) not levied upon an subjecllo attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlherthat he/she has been added as agarnishee and is enjoined as above stated. Amount Due $44,690.98 Interest Atty's Comm % Atty Paid Plaintiff Paid Date: January 9. 2001 LL Due Prothy Other Costs $1.00 CURTIS":R. LONG Deputy by: REQUESTING PARTY: Name Michael L. Bangs. Esquire Address: 302 South 18th St. Camp Hill PA 17011 Attorney for: Plaintiff' Telephone: (717) 730-7310 Supreme Court ID No. C'l~ S '" '" go ~e s=- ~~ ""'en ...,~ 0" ""'g ""'~ i::: ... C":l Eo$: ~ t"l ~ ~ ... ~ . . t=<o: " >- ~ ~ \7'l '" C'lW :; ~ = 00 ." 0 o:e ::;::i:T . ~ ~s: !:J~ o~ ""'0 ""'~ ::: - C'l >= ~> ~t'j ~"... ..."... ~ . '"1:Il "> ~:;;;: ~ PI .. -il~.'~'" _s --- =c. "----.. HEMPT BROS., INC., Plaintiff vs. H. DANIEL BEIGH, III, and ONEIDA H. BEIGH, individually, and PHOENIX INDUSTRIAL, INC., Defendants ...-,,- ) ) ) ) ) ) ) ) ) ...--,... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1745 CIVIL CIVIL ACTION - LAW Respectfully submitted, ~CHAEL L. B~GS Attorney for Plaintiff 302 South 18th Street CampHill,PA 17011 (717) 730-7310 Supreme Court ID #41263 PRAECIPE TO REISSUE WRIT OF EXECUTION Date: January 16,2001 TO THE PROTHONOTARY: Please reissue the writ of execution in the above-referenced matter. - --: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HEMPT BROS. INC Plaintiff(s), vs. H. DANIEL BEIGH, III AND ONEIDA H. BEIGH IND AND PHOENIX INDUSTRIAL INC Defendant(s), vs. MELLON BANK, NA, Garnishee. writsl ) ) No. 00-1745 ) ) ) Praecipe for Appearance ) ) ) Code: 200 Execution ) ) ) Filed on Behalf of Garnishee, ) Mellon Bank, N.A. ) ) ) ) ) ) Counsel of Record for ) this Party: ) ) Barbara Davis Paisley, Esquire ) ) PA I.D. No. 44687 ) ) Mellon Bank, N.A. ) Legal Department, 193-0850 ) 1735 Market Street ) Melon Bank Center ) Philadelphia, PA 19101-0001 ) ) (215) 553-0292 ~.., '! " <>. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TO: Office of the Prothonotary One Courthouse Square Courthouse Carlisle, PA 17013-3387 Sir: CIVIL DIVISION PRAECIPE Kindly enter my appearance on behalf of Garnishee, Mellon Bank, N.A. writsl --~ d~~ ~ -6~-", -..!'" /'~ '-- arbara Davis Paisley, Esquire Mellon Bank, N.A. Legal Department, 193-0850 1735 Market Street Mellon Bank Center Philadelphia, PA 19101 ..-.r<-'-~' ~ ~. Certificate of Service I, Barbara Davis Paisley, hereby certify that a true and correct copy of this Praecipe for Appearance has been served upon the followin9 by depositing it in the U. S. Mail, postage prepaid,this jSrdaYOf e~~~~-?~ .2t;01. Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 Oneida H. Beigh 2300 Foxfire Cir. Mechanicsburg, PA 17055- 6184 ~ ~-"~~__ ~~._a, Barbara Davis pals~~ writsl 0 0 0 C .1 ~ .,.., --1 -0[';17 rrl .:~,~ nlfTi = I Z::c ~9~? -'-' 6J~: (J'; -<.c. '--0 r::: l.~, J:>>o ;:~1=i ).~C' -'" :.:,;C) Z:' )>C Orr. C :i>! :z ...... :rJ -< ()l -< SHERIFF'S RETURN - GARNISHEE CASE NO: 2000-01745 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HEMPT BROS INC VS BEIGH H DANIEL III ETAL , Sheriff or Deputy Sheriff of A-Dd now DOUGLAS DONSEN Cumberland County, Pennsylvania, who being duly sworn according to law, at 1510:00 Hours, on the 29th day of January ,2001, attached as herein commanded all goods, chattels, rights,_ debts, credits, and moneys of the within named DEFENDANT BEIGH H DANIEL III in the hands, possession, or control of the within named Garnishee MELLON BANK 665 N. EAST STREET CARLISLE, PA 17013 Cumberland County, pennsylvania, by handing to HADDIE SPROLE, MANAGER personally THREE true and attested copies of the within AMENDED WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: .00 .00 .00 .00 .00 .00 r~~-r: ~ ~~ c.e R. Thomas Kline Sheriff of Cumberland County 00/00/0000 By ci)"7'~ L1 0m4-- Deputy Sheriff Sworn and subscribed to be.fore me this :11 ~ day Of3'~ ~~ A.D. ~- l,'" . (2 ~;.) ,[€;~ Pro notary J R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee 18.00 143.96 Sheriffs Costs: ~ ~ ~ r;::::::::' 6=v. ~.~ ff 'j..... 0-, (ll - (J eN M'O ,..,.0 o ..... ;:1 18.00 2.82 Advance Costs: 150.00 Sheriffs Costs: 143.96 ..b.()4 ~ (ll ,..,. Ul Ul C (ll 0. . ~ .50 1.00 13.64 Refunded to Atty on 7/1/02 30.00 60.00 ?;;z::;~ Sworn and Subscribed to before me this q & day of) Iy 2002 A.D. Q'6' , Q. fl.u~, ~ pr th notary , ~ , - -.; ~ ""'\.. R. Thomas Kline, Sheriff By C1CLuG9-10-0jbrv.l~ ::;;r.: ('":. <...,;..') ~:-n Z;; ~~ C;; .~ : o Q 0U) :r:=- J_ === "=m "'" ~~ := -c~ ~;~ -' j.? :-; >- \"I~: ^ 1), SNtHd .:;lS!ltJVQ . Ia; N~ fE 6 01 /IUf ),.1.110(;" "Nh' " J4/}J3HS iiH'lT ,U"SHfJO jO 3:JI.-MO ~ \. U'L 3'J;L\!? ~ ;.:27 D(, 'I AMENDED WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-1745 CIVIL 1liX Tem CIVIL ACTION. LAW TO THE SHERIFF OF CUIllberland COUNTY: Hempt Bros., Inc. To satisfy the debt, interest and costs due PLAINTIFF(S) from H. Daniel Beigh, III, and Oneida H. Beigh, individually, and Phoenix Industrial, Inc. 950 Woodland Street, Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell attach any and all property of Defendant Phoenix Industrial, me. Anended 1,,9-0F.WLevy.::ilpOn"any:'&all p:copert:y of H. IEnie1 Beigh, III, at 2300 Foxfire Circle, Mechanicsburg PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of levy upon any property in the possession of AllfirstBank, Garnishee, speci~ically Account No. 10292225. l\MEl'iIDED 1-9-01 Mellon Bank, 665 N. East St., Carlisle PA 17013. Cl\RiII9IE as :fr:ilJrMs: Atta:h CIlY lJUP-Ly of~. lL Unie113aig:I, m a:d 0Eirla lL Eeigl in l' of Millen Rrl<, ~ :lTl . ~: and to nolffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found inthe pOlOSession of anyone other than a named garnishee. you are directed to.notify him/her that he/she has been added as a garnishee and is enjoined as above stated. . Amount Due -$-00-,-7-&2-.-1,-3 $46,690.98 LL Due Prothy Other Costs $.50 $1.00 Interest Atty's Comm Atty Paid Plaintiff Paid % -St/~7~~ $175.93 Date: June 12. 2000 Curtis'R. Lonq Prothonotary, Civil Division ~h~p _ Q ~n7/?/'t J Deputy '. by: REQUESTING PARTY: Name Michael L. Bangs, Esq. Address: 302 South 18th Street. Camp Hill, PA 17011 Attorney for: Plaintiff Telephone: 7l7-730-7310 Supreme Court ID No. 41263