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HomeMy WebLinkAbout99-03606 No. 44-.06 Cull Term Xv. vs.' Court of Common Pleas Cumb. Co. t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BOARD OF TRUSTEES OF OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC. PLAINTIFF VS. Istap Corporation, DEFENDANT 'ORIGINAL Case No. ISSUE NO: CODE: PRAECIPE TO ENTER/INDEX JUDGMENT This is not a motor vehicle case. Filed on Behalf of Plaintiffs Counsel of Record: Stephen J. O'Brien, Esq. PA I.D.0 59204 Gatz, Cohen, Segal & Koerner Firm J 097 400 Law & Finance Building Pittsburgh, PA 15219 (412) 261-1380 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BOARD OF TRUSTEES OF OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC. PLAINTIFF Vs. Istap Corporation, DEFENDANT Case No. ISSUE NO: CODE: PRAECIPE TO ENTER/INDEX JUDGMENT PRAECIPE TO ENTER/IND X JUDGMENT TO; PROTHONOTARY Please docket and index the attached certified copy of judgment against defendant, Istap Corporation, at 415 Bossler Avenue, Lemoyne, PA 17403 and c/o Luther E. Milspaw, at 130 State Street, Harrisburg, PA 17101 and in favor of plaintiff, Board of Trustees of Operating Engineers Local 66, AFL-CIO and Construction Industry Combined Funds, Inc., at P.O. Box 17230, Pittsburgh, PA 15235 in the amount of $2,748.47 which was attained in the U.S. District Court For The Western District of Pennsylvanial. d G BY Date IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BOARD OF TRUSTEES OF OPERATING ) ENGINEERS LOCAL 66, AFL-CIO ) AND CONSTRUCTION INDUSTRY ) Case No. COMBINED FUNDS, INC. ) PLAINTIFF ) ISSUE NO: vs. ) CODE: Istap Corporation, ) DEFENDANT ) NOTICE OF ORDER JUDGMENT NOTICE OF ORDER OF-JUDGMENT ( ) PLAINTIFF (Y) DEFENDANT ( ) GARNISHEE You are hereby notified that the following Judgment has been entered against you on , 1999. (S) Assumpsit Judgment in the amount of $ 2,748.47 jiNCLUDiNG COSTS AND ATTORNEY FEES OF $500,001 ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, Pennsylvania. (Y) Entry of Judgment of (X) Court Order ( ) Non-Pros ( ) Default ( ) Verdict ( ) Arbitration Award Curt Long, PROTHONOTARY Deputy a ¦LANK-49MURAL ORO[R BOARD OF TRUSTEES LOCAL 66, AFL-CIO INDUSTRY COMBINED 4Y It Y1. N M? ?? Y ? wrwW ? ,? y,?.Y P?? rarrr wM: W ?/ ?M4 r? WI ?rti M orr ?? ?Yr1r tr J, C~ \I ?r?r w Y rwru.r p W MM YArr ?Y, N V ?Y??,1.? Y W r,wr,p In flit Aniteb States ?Bistrict Court 3.r At 3nMrn pistol of fmljumu OF OPERATING ENGINE+ AND CONSTRUCTION ) FUNDS, INC., ) Plaintiff, ) VS. ) ISTAP CORPORATION, ) Defendant. NO. 2: 94-CV-311 JUDG,MENT ROLL 1994 June 14 ORDER upon motion for Entry of Default as to ISTAP CORPORATION, granting Motion for Default Judgment against ISTAP CORPORATION in the amount of $2,748.47 (signed by Judge Donald J. Lee.) June 14 CLERK'S ENTRY OF JUDGMENT in favor of BOARD OF TRUSTEES OF OPERATING ENGINEERS, LOCAL NO. 66 AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS and against ISTAP CORPORATION in the sum of $2,748.47 Dollars. Certified from the record this 4th day of May 1999 U.S. District Court MAG CLOSED Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 94-CV-311 BOARD OF TRUSTEES v. ISTAP CORPORATION Filed: 02/25/94 Assigned to: Judge Donald J. Lee Referred to: Mag. Judge Ila Jeanne Sensenich Demand: $3,000 Nature of Suit: 791 Lead Docket: None Jurisdiction: Federal Question Dkt,# in other court: None Cause: 29:185 Employee Pension Plan BOARD OF TRUSTEES OF OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC. plaintiff Betty Ora Grace Mesler [COR LD NTC] Gatz, Cohen, Segal & Koerner 400 Law & Finance Building Pittsburgh, PA 15219 (412) 261-1380 V. ISTAP CORPORATION defendant Docket as of May 4, 1999 11:41 am Page 1 'Proceedings include all events. MAG 2:94cv3ll BOARD OF TRUSTEES V. ISTAP CORPORATION CLOSED 2/25/94 1 COMPLAINT with summons issued Filing Fee $ 120.00 Receipt # 135743 (aen) [Entry date 02/28/94] 2/25/94 2 MOTION by BOARD OF TRUSTEES for Permanent Injunction (aen) [Entry date 02/28/94] 2/28/94 3 ORDER REFERRING CASE to Mag. Judge Ila J. Sensenich for Pre Trial Proceedings. ( signed by Judge Donald J. Lee on 2/28/94 ) CM all parties of record. (aen) 6/1/94 4 RETURN OF SERVICE executed as to ISTAP CORPORATION 5/20/94 Answer due on 6/9/94 for ISTAP CORPORATION (aen) 6/13/94 5 MOTION by BOARD OF TRUSTEES for Entry of Default as to ISTAP CORPORATION, and for Default Judgment against ISTAP CORPORATION with Proposed Order. (aen) 6/13/94 -- CLERK'S ENTRY OF DEFAULT as to ISTAP CORPORATION (aen) 6/14/94 -- ORDER upon motion granting [5-1] motion for Entry of Default as to ISTAP CORPORATION, granting [5-2] motion for Default Judgment against ISTAP CORPORATION in the Amount of $ 2,748.47 ( signed by Judge Donald J. Lee on 6/14/94 ) CM all parties of record. (aen) 6/14/94 -- CLERK'S ENTRY OF JUDGMENT in favor of BOARD OF TRUSTEES OF OPERATING ENGINEERS, LOCAL NO. 66 AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS and against ISTAP CORPORATION in the sum of $ 2,748.47 dollars. (aen) 6/14/94 -- Case closed, Notices Mailed. (aen) Docket as of May 4, 1999 11:41 am Page 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA BOARD OF TRUSTEES OF OPERATING ) ENGINEERS,LOCAL NO.66 AFL-CIO AND CONSTRUCTION INDUSTRY ) COMBINED FUNDS,INC., ) PLAINTIFF • ) VS. ) No.CA 94-0311 ISTAP CORPORATION, ) DEFENDANT ) The Defendant, Istap Corporation, having failed to plead or otherwise defend in the above-styled action and its default having been entered, AND NOW, this \yV- day of 3vvc upon application of the plaintiff and upon Affidavit that the defendant has defaulted for failure to appear and that the defendant is not an infant or incompetent person and not in the military service of the United States, the Court finds: 1. That the Court has jurisdiction of the parties and of the subject matter; and 6 0 2. That this action has been brought under the terms of the Employee Retirement Income Security Act of 1974 (ERISA) 129 USC §1001-1381; and 3. That the defendant is bound by the terms and conditions of its collective bargaining agreement with the International Union of Operating Engineers,Local 66; and 4. That the defendant is indebted to the plaintiff, in the amount of Two Thousand Two Hundred Forty-Eight and 47/100 ($2,248.47) Dollars. THEREFORE, IT IS ORDERED that the defendant and any and all persons acting for or on behalf of the defendant be and the same are hereby restrained and enjoined from violating the Employees Retirement Income Security Act of 1974, 29 USC §1001-1381 and its collective bargaining agreements with the International Union of Operating Engineers,Local 66 and the trusts created therein, requiring the furnishing of monthly reports and the making of payments by the 30th day of each calendar month; and IT IS FURTHER ORDERED that the defendant pay unto the Operating Engineers,Local 66 AFL-CIO and Construction Industry Combined Funds, Inc., the sum of $2,748.47, which includes costs and attorney's fees of $500.00. United States District Judge 7 r_ r„ . cJ `5 -r - -i V" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BOARD OF TRUSTEES OF OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC. PLAINTIFFS Vs. Istap Corporation, DEFENDANT Case No. 99-3606 CiVil ISSUE NO: CODE: PRAECIPE FOR WRIT OF EXECUTION Filed on Behalf of Plaintiffs Counsel of Record: Stephen J. O'Brien, Esq. PA I.D.B 59204 Gatz, Cohen, Segal & Koerner Firm # 097 400 Law & Finance Building Pittsburgh, PA 15219 (412) 261-1380 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BOARD OF TRUSTEES OF OPERATING j ENGINEERS LOCAL 66, AFL-CIO ) AND CONSTRUCTION INDUSTRY ) Case No- 99-3606 Civil COMBINED FUNDS, INC. ) PLAINTIFFS ISSUE N0: VS. ) CODE: Istap Corporation, ) DEFENDANT ) PRAECIPE FOR WRIT OF EXECUTION PRAECrpF gOg WgTm OF?XFC,,?UT?O To the Prothonotary: Issue writ of execution in the above matter, 1. directed to the Sheriff of Cumberland County to levy upon personal property; 1; 2. against defendant Istap Corporation at 1394 Letchworth Road, Camp Hill, PA 17011; 3. against garnishee; and 4. against , garnishee; 5. and index this writ against istap Corporation, defendant; 6. Amount of Judgment ---------------- $ 2,748.47 Interest from (6/14/94 through 5/12/99 ------------------$ 797.00 Federal Court Costs ---------------- $included above Cost to enter judgment ------------- $ Sheriff's cost --------------------- $ Sub-total-------------------------- $ Costs to be added ------------------ $ l ( (`t By Date U? r.. Z O ? CJ I V V qq ?e . V IC) ?' '6q v N_ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BOARD OF TRUSTEES OF OPERATING ) ENGINEERS LOCAL 66, AFL-CIO ) Case No. 99-3606 civil AND CONSTRUCTION INDUSTRY ) COMBINED FUNDS, INC. ) ISSUE NO: PLAINTIFFS ) CODE: VS. ) ISTAP CORPORATION, ) Praecipe to satisfy DEFENDANT ) Judgment and Dissolve Execution j This is not a motor vehicle case. Filed on Behalf of Plaintiffs Counsel of Record: Stephen J. O'Brien, Esq. PA I.D.# 59204 Gatz, Cohen, Segal & Koerner Firm # 097 400 Law & Finance Building Pittsburgh, PA 15219 (412) 261-1380 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BOARD OF TRUSTEES OF OPERATING ENGINEERS LOCAL 66, AFL-CIO AND CONSTRUCTION INDUSTRY COMBINED FUNDS, INC. PLAINTIFFS VS. ISTAP CORPORATION, DEFENDANT Case No. 99-3606 civil ISSUE NO: CODE: PRAECIPE TO SATISFY JUDGMENT AND DISSOLVE EXECUTION TO: PROTHONOTARY SIR: Kindly mark the above Judgment as satisfied and dissolve the writ of execution issued to the following: (1) ISTAP CORPORATION, defendant, Please issue a certificate of Costs. Dated: b q I, Stephen J. O'Brien, Esquire, do hereby certify that a true and correct copy of the foreqoinq Praceioe to Satisfv Judament and Dissolve Execution was hand-delivered/mailed postaqe paid, on the _?3_ day of -e tlw , 1141 , to the followinq: Luther Milspaw,Jr.,ESquire 130 State St., Box 946 Harrisburq,Pa.17108 ?- --, _ ... ;' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 99-3606 CIVIL 1F?t Term COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Board of Trustees of Operating Engineers Local 66, PLAINTIFF(S) from lwnr+h Rnatl Camp Hi 11 PA 17011 (1) You are directed to levy upon the property of the defendant(s) and to sell levy upon personal property (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 propertyof the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount DWreo _ ,_ s?? y 99 L. L. S-50 Interest -- $797.00 Due Prothy. $1.00 Atty's Comm % Other Costs Afty Paid $32.50 Plaintiff Paid Date: November 24, 1999 REQUESTING PARTY: Name _Stephen J. O'Brien Curtis R. Long Prothonnofaary, Civil Division Deputy Address: Gate Cohn a-1 ,, Koerner 400 Law & Finance Building Pitts burgh, PA 121 Attorney for Plaintiff Telephone: 412-2 61-138 0 Supreme Court ID No. 59204 R. Thas in, Sherif, who ing duly to law, states thismwritlisereturnedf"NULLAbBONA." Withinnaddresslis the address of an individual, not the defendant. Sheriff's Costs: Docketing $18.00 Law Library .50 Prothonotary 1.00 Surcharge 8.00 Nulls Bona 9.00 Poundage ,73 $37.23 Sworn and subscribed to before me This (nom day of d/'••-'__ JKW , A. D. 2 --- r thonotary Advance Costs: $150.00 Sheriff's costs: 37.23 $112.77 Refund to atty on 12-22-99 So AnsweFs: R. Thomas Kline, Sheriff B JD-u(ty Sheriff W n 0 T` ?1117r ?..''xId ss, wd Aa a R I'M ;1 iIJ A. ddla3n:; ,?,i eu ;aId30 012,1 G Q3?