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HomeMy WebLinkAbout01-04557,?h1$ yid r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. Carlisle Sports Emporium, Inc. 29 South Middlesex Road Carlisle, PA 17013 Defendant(s) NO. 01-4557 Civil EXECUTION NO. TERM, and Mellon Bank, N.A. 665 North East Street Carlisle, PA 17013 Garnishee WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF Cumberland COUNTY: To satisfy the judgment, interest and costs against Carlisle Sports Emporium, Inc., defendant(s); (1) You are directed to attach the property of the defendant(s) not levied upon in the possession of Mellon Bank, N.A. (Name of Garnishee(s)) as garnishee(s), all property of defendant in bank account(s) and/or held by garnishee, and to notify the garnishee(s) that (a) an attachment has been issued; (b) the garnishee is enjoined from paying any debt to or for the account of the defendants and from delivering any property of the defendants or otherwise disposing thereof. TO THE SHERIFF OF CUMBERLAND COUNTY: There will be placed in your hands for service a Writ of Execution as follows: Commonwealth of Pennsylvania, Department of Labor and Industry PLAINTIFF VS Carlisle Sports Emporium, Inc., DEFENDANT(S) AND Mellon Bank, N.A., WAIVER OF WATCHMAN GARNISHEE Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. AT?RNEY FOR PLAINTIFF Am C. East (Attorney ID #85683) Assistant Counsel Commonwealth of Pennsylvania Department of Labor and Industry 10th Floor, Labor and Industry Building Harrisburg, PA 17121 EN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. Carlisle Sports Emporium, Inc. 29 South Middlesex Road Carlisle, PA 17013, and Mellon Bank, N.A. 665 North East Street Carlisle, PA 17013 NO. 01-4557 Civil Defendant(s) : EXECUTION NO. TERM, Garnishee CLAIM FOR EXEMPTION To the Sheriff: I, one of the above-named defendants, 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 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) (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. §4904 relating to unworn falsification to authorities. Date: (Defendant) THIS CLAIM TO FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: Cumberland County Courthouse, One Courthouse Square. Carlisle PA 17013-3387 (Address) (717) 240-6390 (Telephone Number) (2) If property of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee(s), you are directed to notify (him, her, them, it) that (he, she, they, it) has (have) been added as a garnishee(s) and is (are) enjoined as above stated. AMOUNT DUE $4,870.05 INTEREST FROM July 11, 2001, on unpaid contributions to be computed at the annual rates determined by the Secretary of Revenue under Section 806 of the Fiscal Code, 43 P.S. § 788.1 $323.39 Plus costs COSTS TO BE ADDED PROTHONOTARY BY: DEPUTY Date: 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. Carlisle Sports Emporium, Inc. 29 South Middlesex Road Carlisle, PA 17013 Defendant(s) and Mellon Bank, N.A. 665 North East Street Carlisle, PA 17013 Garnishee NO. 01-4557 Civil EXECUTION NO. TERM, PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF SAID COURT: Issue writ of execution in the above matter: 1. directed to the sheriff of. Cumberland County, Pennsylvania 2. against Carlisle Sports Emporium, Inc., 3. against Mellon Bank, N.A., 4. Amount due $4,870.05 Interest from July 11, 2001 on unpaid contributions to be computed at the annual rates determined by the Secretary of Revenue under Section 806 of the Fiscal Code, 43 P.S. § 788.1 $323.39 Defendant(s) Garnishee Total (($5,193.44 plus costs Amg. East (Attorney ID #85683) Assistant Counsel Commonwealth of Pennsylvania Department of Labor and Industry 10th Floor, Labor and Industry Building Dated: 11/29/2001 Harrisburg, PA 17121 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. : NO. 01-4557 Civil Carlisle Sports Emporium, Inc. 29 South Middlesex Road Carlisle, PA 17013 Defendant(s) : EXECUTION NO. TERM, and Mellon Bank, N.A. 665 North East Street Carlisle, PA 17013 Garnishee(s) 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 Sheriffs 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 LAWYER 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. Legal Services Inc. Name 8 Irvine Row, Carlisle, PA 17013 Address (717) 243-9400 or (717) 766-8475 Telephone Number IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. Carlisle Sports Emporium, Inc. 29 South Middlesex Road Carlisle, PA 17013 Defendant(s) and Mellon Bank, N.A. 665 North East Street Carlisle, PA 17013 Garnishee NO. 01-4557 Civil EXECUTION NO. TERM, WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF Cumberland COUNTY: To satisfy the judgment, interest and costs against Carlisle Sports Emporium, Inc., defendant(s); (1) You are directed to attach the property of the defendant(s) not levied upon in the possession of Mellon Bank. N.A. (Name of Gamishee(s)) as garnishee(s), all property of defendant in bank account(s) and/or held by garnishee, and to notify the garnishee(s) that (a) an attachment has been issued; (b) the garnishee is enjoined from paying any debt to or for the account of the defendants and from delivering any property of the defendants or otherwise disposing thereof. e (2) If property of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee(s), you are directed to notify (him, her, them, it) that (he, she, they, it) has (have) been added as a garnishee(s) and is (are) enjoined as above stated. AMOUNT DUE INTEREST FROM July 11, 2001, on unpaid contributions to be computed at the annual rates determined by the Secretary of Revenue under Section 806 of the Fiscal Code, 43 P.S. § 788.1 COSTS TO BE ADDED Pd Atty $27.00 1.00 due Prothonotary .50 LL due .50 tax due 5.00 Sat Pee Due Date: December 5. 2001 $4,870.05 $323.39 Plus costs Curtis R. Long PROTHONOTARY BY: 1.1 942, 0. ht'.e? DEPUTY 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. NO. 01-4557 Civil Carlisle Sports Emporium, Inc. 29 South Middlesex Road Carlisle, PA 17013 Defendant(s) and Mellon Bank, N.A. 665 North East Street Carlisle, PA 17013 Garnishee AFFIDAVIT OF MAILING NOTICE OF ENTRY OF LIEN Tabitha May, being duly sworn according to law, deposes and says that he/she is an employe of the Commonwealth of Pennsylvania, Department of Labor and Industry, and that as such makes the following affidavit. . That on July 11, 2001, he/she mailed by certified mail, return receipt requested Notice of Entry of Lien, and Intent to Execute, as provided by Section 308.1 of the Pennsylvania Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, as amended, addressed to Carlisle Sports Emporium, Inc., 29 South Middlesex Road, Carlisle, PA, 17013 the last known post office address of the employer. This affidavit is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Tabitha May C-728 REV. 9?? 11q,11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFIED COPY OF LIEN TO THE PROTHONOTARY OF SAID COURT: Pursuant to Section 308.1 of the Pennsylvania Unemployment Compensation Law, 43 P.S. § 788.1, this is a Certified Copy of Lien for unpaid unemployment compensation contributions, interest and penalties to be entered of record by you and indexed as judgments are indexed. PENNSYLVANIA EMPLOYER ACCOUNT NUMBER: 21-17094 1 AD Number: 290551 clot DOCKET # C} DATE ENTERED- r1' F' COMMONWEALTH OF P& SYLVANIA DEPARTMENT OF LABOR ANINDryUSTRY= TO THE USE OF TH UNEMPLOYMENT COMPENSA ioN FUND Vs. • CARLISLE SPORTS EMPORIUM INC 29 SOUTH MIDDLESEX ,?D CARLISLE PA 17013 -' OTR? R UUN I HIM I IUN cnca, ,.?? on un...,v CONTRIBUTION AND / On nnu. uuc - LATE O • DUE PAID/CREDIT BALANCE CONTRIBUTION PAID LATE. DISHONORED CHECK 3-00 WE .00 .00 .00 .00 3-00 2,814.04 11899.08 914.96 60.66 .00 4-00 WE .00 .00 .00 .00 4-00 1,228.49 .00 1,226.49 55.28 .00 1-01 WE .00 .00 .00 .00 1-01 2,726.60 .00 2,726.60 61.35 .00 sub-total Additional interest is to be computed on the above balance of unpaid unemployment Filing Fee(S) 9.00 compensation contributions at the rate determined by the Secretary of Revenue WIN., Legal 5 under Section 806 of the Fiscal Code, 72 P.S. 111806, per month, or fraction of a Additional Interest month, from 07/31/2001 Satlsftetlon Amtttll The undersigned, Director, Bureau of Employer Tax Operations, Department of Labor and industry, certifies that the above unemployment compensation contributions, Interest and penalties Are due and payable by the above named defendant under the provisions of the Pennsylvania Unemployment Compensation Law. Pursuant to Section 308.1 of said Law, 43 P.S. § 788.1, the above contributions, Interest and penalties are a lien upon the franchises and property, both real and personal, Including after acquired property, of the above named defendant and Attach thereto from the date of entry of this Certified Copy of Lien. R. SCOT MIEDRICH 07/11/2001 DATE Assistant Director, Bureau of Employer Tax Operations TO BE RETAINED BY RECORDING OFFICE SHERIFF'S RETURN - GARNISHEE q. CASE NO: 2001-04557 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND UNEMPLOYMENT COMPENSATION FUND VS CARLISLE SPORTS EMPIUM INC And now SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0012:20 Hours, on the 7th day of December , 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT CARLISLE SPORTS EMPORIUM INC hands, possession, or control of the within named Garnishee CITIZENS BANK F/K/A MELLON BANK N.A. 665 NORTH EAST ST CARLISLE. PA 17013 Cumberland County, Pennsylvania, by handing to , in the GARY GOCHENOUR (BRANCH MANAGER) , personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His true and made Sheriff's Casts: So answe s Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County nn .00 00/00/0000 Sworn and subscribed to before me By this 2 day ofk&6114-e Dep Sheriff A.D. Prdtho otar?y ? F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, ) No. 01-4557 Civil DEPARTMENT OF LABOR AND ) INDUSTRY TO THE USE OF THE ) UNEMPLOYMENT ) Praecipe for Appearance Plaintiff(s), ) Code: 200 Execution vs. ) Filed on Behalf of Garnishee, Mellon Bank, N.A. CARLISLE SPORTS EMPORIUM, INC. ) Defendant(s), ) ) Counsel of Record for this Party: vs. ) Daniel S. Bernheim, III, Esquire MELLON BANK, N.A., ) Attorney ID No. 32736 Garnishee. ) Silverman Bernheim & Vogel Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 (215)-636-4468 wrnsl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE TO: Office of the Prothonotary One Courthouse Square Courthouse Carlisle, PA 17013-3387 Sir: Kindly enter my appearance on behalf of Garnishee, Mellon Bank, N.A. Daniel S. Bernheim, III, Esquire Silverman Bernheim & Vogel Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 writs] 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 following by depositing it in the U. S. Mail, postage prepaid, this t'. ? day of J?W P M keX , 2001. Amy C. East, Assistant Counsel Commonwealth of Pennsylvania Department of Labor and Industry 10th Fl, Labor and Industry Building Harrisburg PA 17121 ?Iominl -QIQ V Daniel S. Bernheim, III, Esquire writs) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR & INDUSTRY to the use of the UNEMPLOYMENT COMPENSATION FUND VS. CARLISLE SPORTS EMPORIUM INC 29 SOUTH MIDDLESEX RD CARLISLE PA 17013 COUNTY, PENNSYLVANIA Docket Number 01 4557 CIVIL AUTHORITY TO SATISFY TO THE PROTHONOTARY OF SAID COURT: NOW, to wit, NOVEMBER 9, 2009 the Commonwealth of Pennsylvania, Department of Labor and Industry, to the use of the Unemployment Compensation Fund, Plaintiff in the above action, through its Chief Counsel, by its Deputy Chief Counsel for Employment Security, acknowledges having received of the Defendant above named full payment and satisfaction of the above captioned Lien, with the interest and costs thereon due it; and desire that satisfaction be entered upon the records thereof. AND you, the Prothonotary of said Court, upon receipt by you of your costs, are hereby authorized and empowered, in the name and stead of the Plaintiff, to enter full satisfaction upon the record of said Lien as fully and effectually, to all intents and purposes, as we could were we present in person to do so; and for so doing, this shall be your sufficient warrant of authority. IN TESTIMONY WHEREOF, there is hereunto affixed the Seal of the Department of Labor and Industry, Commonwealth of Pennsylvania, this 9 TH day of NOVEMBER , 2009. ACCOUNT NO. 21-17094 AD NO. 290551 SEAN F. CREEGA Deputy Chief Counsel for Employment Security c? f4 ' -?s te [].. ?`V? _. a ,. '. s 3.,?-i N a o? as z wo o? 0 x H 'Ffl A ' ? o z ? o oa?o U F. o ° v A ?