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HomeMy WebLinkAbout03-4810UC-728 REV, 8-03 IN THE COURT OF COMMON PLEAS OF CUM9ERLAND COUNTY, PENNSYLVANIA ~I=RTI~Ii~D ~OP¥ OF 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: 21-22131 ? AD Number: 301816 QTP, JYR. 1-01 WE 1-01 2-01 WE 2-01 3-01 WE 3-01 4-01 WE 4-01 1-02 WE 1-02 2-02 WE 2-02 DUE 00 56 1,645 00 3,136 36 00 1,952 89 00 1,946.52 .00 3,605.89 .00 941.84 CONTRIBUTION PAiD/CREDIT .00 630.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 DOCKET # O.~.H210~.~I DATE ENTERED COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR ANDINDUSTRY TO THE USE OF THE UNEMPLOYMENT COMPENSATION FUND vs. BEST EXCAVATION E LANDSCAPING 425 W WINDING HILL RD MECHANICSBURG PA 170~ c~ BALANCE COm'R~SUT,O. PAID LATE. 00 1,015 56 241.81 00 3,136 36 410.32 00 1,952 89 211.55 00 1,946.52 171.93 .00 3,605.89 264.41 .00 941.84 56.94 PENALTY DUE - LATE REPORT/ DISHONORED CHECK .00 164.56 .00 250.00 .00 195 . 29 .00 194.65 .00 250.00 .00 9~.18 sub-total 12,599.06 1,354.96 1,148.68 t, dditional interest is to be computed on the above balance of unpaid unemployment =ompensation contributions at the rate determined by the Secretary of Revenue inder Section 806 of the Fiscal Code, 72 P.S, § 808, per month, or fraction of a Additional interest nonth, from 08/31/2003 SALLY L, FUHRER TO BE RETAINED BY RECORDING OFFICE 08/28/2003 DATE Z Z i.l.I 0 I-- Z Z 0 I- u.I 0 Z ~ z ~Z - ~ >Z ~ Z~ ~0 ~ ~0~ ~wo ~oo. °~E o~ oo~ z~ ~ ~0 o Kg 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. Best Excavation & Landscaping (A Corporation) 425 West Winding Hill Road Mechanicsburg, PA 17055 ' Defendant(s) and M&T Bank 5219 Simpson Ferry Road Mechanicsburg, PA 17055 Garnishee : : NO. 03-4810 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, Pennsylvarda 2. against Best Excavation & Landscaping (A Corporation), Defendant(s) 3. against M&T Bank, Garnishee 4. Amount due Dated: Interest from 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 Total 3/10/2004 $11,647.06 tax and penalties $1,148.68. $1,631.97 $ plus c,osts Jayne Shinko (2(t~o~y ID #35449) Assistant Counsyl Commonwealth of Pe/msylvania Department of Labor and Industry I 0th Floor, Labor and Industry Building 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. Best Excavation & Landscaping (A Corporation) 425 West Winding Hill Road Mechanicsburg, PA 17055 Defendant(s) and M&T Bank 5219 Simpson Ferry Road Mechanicsburg, PA 17055 Garnishee NO. 03-4810 Civil EXECUTION NO. TERM, 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. MidPenn Legal Services Name 8 Irvine Row, Carlisle, PA 17013 Address 1-800-822-5288 or (717) 243-9400 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. Best Excavation & Landscaping (A Corporation) 425 West Winding Hill Road Mechanicsburg, PA 17055 Defendant(s) and M&T Bank 5219 Simpson Ferry Road Mechanicsburg, PA 17055 Garnishee NO. 03-4810 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 Best Excavation & Landscaping (A Corporation), defendant(s); (1) You are directed to attach the property of the defendant(s) not levied upon in the possession of M&T Bank , as (Name of Gamishee(s) garnishee(s), any and all cash, funds, and deposits held for or on behalf of defendants, includin~ accom~t number 990239124 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. (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, on unpa/d 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 $11,647.06 tax and penalties $1,148.68 $1,631.97 COSTS TO BE ADDED BY: PROTHONOTARY DEPUTY Date: MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 2. 3. 4. 5. 6. 7. 8. $300 statutory exemption Bibles, school books, sewing machines, uniforms and equipment Most wages and unemployment compensation Social Security benefits Certain retirement funds and accounts Certain veteran and armed forces benefits Certain insurance proceeds Such other exemptions as may be provided by law WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-4810 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY TO THE USE OF THE UNEMPLOYMENT COMPENSATION FUND Plaintiff (s) From BEST EXCAVATION & LANDSCAPING (CORP) 425 WEST WINDING HILL ROAD MECHANICSBURG PA 17055- (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ofM & T BANK 5219 SIMPSON FERRY ROAD MECHANICSBURG PA 17055 GARNISHEE(S) as follows: ANY AND ALL CASH FUNDS AND DEPOSITS HELD FOR OR ON BEHALF OF DEFENDANTS, INCLUDING ACCOUNT NUMBER 990239124. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount DueS 11,647.06 L.L.$ 0.50 Interest INTEREST FROM ON UNPAID CONTRIBUTIONS TO BE COMPUTED AT THE ANNUAL RATES DETERMINED BY THE SECRETARY OF REVENUE UNDER SECTION 806 OF THE FISCAL CODE 43 PS 788.1 $1,631.96 SATISFACTION DUE $5.00 $0.50 TAX Atty's Corem % Due Prothy $1.00 Atty Paid $ 32.00 Plaintiff Paid Date: MARCH 11, 2004 Other Costs TAX AND PENALTIES $1,148.68 CURTIS R. LONG Prothonotary (Seal) By: t~3//~.*,. ~Q. )'JCCJJ~_,-' Deputy REQUESTING PARTY: Name JAYNE SHINKO ESQUIRE Address: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY 10TnFL LABORANDINDUSTRYBU~DING, HARRISBURGPA17121 Attorney for: Plaintiff Supreme Court ID NO. 35449 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. 03-4810 Civil Best Excavation & Landscaping (A Corporation) : 425 West Winding Hill Road : Mechanicsburg, PA 17055 : Defendant(s) : and : M&T Bank : 5219 Simpson Ferry Road : Mechanicsburg, PA 17055 : : Garnishee AFFIDAVIT OF MAILING NOTICE OF ENTRY OF LIEN Tabitha A. Ellis, being duly sworn according to law, deposes and says that he/she is an employe of the Commonwealth of Permsylvania, Department of Labor and Industry, and that as such makes the following affidavit. That on January 9, 2004, 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 Best Excavation & Landscaping (A Corporation), 425 West Winding Hill Road, Mechanicsburg, PA, 17055 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 unsworn falsification to authorities. Tabitha A. Ellis SHERIFF'S RETURN CASE NO: 2003-04810 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND - GARNISHEE UNEMPLOYMENT COMPENSATION FUND VS BEST EXCAVATION & LANDSCAPING And now KENNETH GOSSERT Cumberland County of Pennsylvania, to law, at 0015:10 Hours, on the 16th day of March , __ as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT , BEST EXCAVATION & LJ~NDSCAPING hands, possession, or control of the within named Garnishee M & T BANK 5219 E. SIMPSON FERRY ROAD ,Sheriff or Deputy Sheriff of who being duly sworn according 2004, attached credits, and , in the MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to BARRY SHELLER (BRAiqCH MANAGER personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this /~;-~z~ day ~2~O¥ A.D. Prc~h~not ary So answe : , R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo 1N 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. Best Excavation & Landscaping (A Corporation) 425 West Winding Hill Road Mechanicsburg, PA 17055 Defendant(s) and M&T Bank 5219 Simpson Ferry Road Mechanicsburg, PA 17055 Garnishee NO. 03-4810 Civil ATTACHMENT INTERROGATORIES IN ATTACHMENT To M&T Bank, (Garnishee) You are required to file answers to the above interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. At the time you were served or at any subsequent time did you owe the defendants any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? k/~ At the time you were served or any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? 00 At the 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? /q ~ 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? g'l 0 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? Iq ~ 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 his direction or otherwise discharge any claim of the defendants against you? fx c.3 If you have answered "Yes" to any of the interrogatories numbered 1 through 6 above, state the amount of money or claim, or other liability which you hereby admit to be owed to, owned by, or claimed by defendants and describe the nature of such claim or liability and of such other property as you have hereby admitted - to be in your possession. ~~fi~) rg-2.te"C~ ~tt;'lq-cl. ? 2- Balances Provided TALIA S. WALSTON M&T BANK Respectfully submitted, Jayne Sl~i, gt~o, (Attorney Assista~ Counsel May not Reflect Unposted Transactions or Legal Document Processing Fees ID #35449) Commonwealth of Pennsylvania Department of Labor and Industry 10th Floor, Labor and Industry Building Harrisburg, PA 17121 (717) 787-4186 Attorney for Plaintiff Dated: 3/10/2004 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. Best Excavating & Landscaping (A Corporation) 425 West Winding Hill Road Mechanicsburg, Pa. 17055 and M&T Bank 5219 Simpson Ferry Road Mechanicsburg, PA 17055 Defendant(s) Garnishee : NO. 03-4810 Civil : EXECUTION NO. TERM, ; : : .. PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter judgmem against the garnishee M&T Bank, pursuant to Rule 3146(b) of the Pa. Rules of Civil Procedure and the attached answers to interrogatories in attachment, in the amount of $749.72, which is the amount admitted to be in the gamishee's possession. ,~! ! ~ated:,%.'4/12/2°°/* Respect full.~%submitted, Jay~. ~2. ~hinko Assi~int~Counsel Department of Labor and Industry Office of Chief Counsel Employment Security Division 10th Floor, Labor and Industry Building Seventh and Forster Streets Harrisburg, PA 17121 Telephone: (717) 787-4186 Attorney I.D. # 35449 Legal Document Processing Phone # 716-250-1918 Fax # 716-635-9506 March 26, 2004 Jayne Sh/v. ko, Assistant Counsel Commonwealth of Pennsylvania Department of Labor & Industry 10t~ Floor, Labor & Industry Building Harrisburg, PA 17121 Re: Writ of Garnishment on Garnishee received by Manufacturers and Traders Trust Company, Garnishee Department of Labor & Industry vs. Best Excavation & Landscaping No. 034810 Civil Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, manufacturers and Traders Trust Company has searched its records and has identified the following open accounts w/th balances due its customer(s) as of March 2,2004 Acct No. Balance 990239124 $749.72 in the name of Best Excavation & Landscaping Acct No. Balance If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then any safe deposit boxes idenhfied at any of our branches are listed below. Branch Number- Safe Deposit Box Number None If any oft. he above accounts or safe deposit boxes are designated by a "J" that means they are accounts or safe deposit boxes in which persons other than those identified in the Writ of Garnishment and Interrogatories may also have an interest. With respect to ali safe deposit boxes, an order d/recting the drilling of the box must first be obtained and Manufacturers and Traders Trust Company must be reimbursed for the cost of drilling and replacing the lock on the box. Pa.R.C.P. No. 3110, 42 Pa.C.S.A. Responses to Interrogatories that you propounded, if any, are enclosed. Sincerely, Taiia S.Walston Legal DocumentAnalyst (716)250-1918 ~ ltnclo~ure:,, ~ Responses to Interrogatories Manufacturers and Traders Trust Company P.O. Box #844, Buffalo, New York 14240 IN THE COURT OF COMMON PLEAS OF CUMBERLAxND COUNTY, PENNSYLVAxNIA CML DMSION - LAW CO1VfMONW~ALTH OF PENNSYLVANIA, : DEPARTMENT OF LABOR AND INDUSTRY, : to the use of the : UNEMPLOYMENT CO_MPENSATION FUND : Plaintiff : v. : NO. 03-4810 Civil Best Excavation & Landscaping (A Corporation) 425 West Winding Hill Road : Mecb~nlc~burg, PA ~7055 : Defendant(s) : A T T A C H M E N T and M&T Bank : 5219 Simpson Ferry Road : Mecbanicsburg, PA 17055 : Garnishee INTERROGATORIES IN ATTACHMENT To M&T Bank, (Garnishee) You are requ/red to file answers to the above interrogator/es within twenW (20) days after service upon you. Failure to do so may result in judgment against you. At the time you were served or at any subsequent time did you owe the defendants any money or were you liable to him on any negotiable or other written instrument, or did he clakn that you owed him any money or were liable to him for any reason? ~/~,~ At the time you were served or any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? (~0 At the time you were served or at any subsequent t/me 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? f/O 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? FI 0 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? ~ ~ At any time after you were served did you pay, ~ransfer or deliver any money or property to the defendants or to any person or place pursuant to his direction or otherwise discharge any claim of the defendants against you? ~ cD If you have answered "Yes" to any of the interrogatories numbered 1 through 6 above, state the ~mount of money or claim, or other liability which you hereby admit to be owed to, owned by, or claimed by defendants and describe the nature of such claim or liability and of such other property as you have hereby admitted - to be in your possession. ~~~) ~-2~'~-~ ~l~']q'q, 7 2__ Balances Provided TAt.lA S. WALSTON M&T BANK Respectfully submitted, May not Reflect Unposted Transactions or Legal Document Processing Fees Jayne $ ,h~o, (Attorney ID #35449) Assist~l~ Counsel Commonwealth of Pennsylvania Depazizaent of Labor and Industry 10th Floor, Labor and Industry Building Harrisburg, PA 17121 (717) 787-4186 Attorney for Plaintiff Dated: 3/10/2004 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. : Best Excavation & Landscaping (A Corporation) : 425 West Winding Hill Road : Mechanicsburg, PA 17055 : Defendant(s) : And : : : M&T Bank 5219 Simpson Ferry Road mechanicsburg, PA 17055 Garnishee NO. 03-4810 Civil EXECUTION NO. TERM, CERTIFICATE OF SERVICE I, Jayne C. Shinko, do hereby certify that a copy of the foregoing Praecipe was this day served upon the following persons in the manner indicated below, addressed as follows: First-Class Mail, Postage Prepaid Best Excavation & Landscaping, Inc. 425 W. Winding Hill Road Mechanicsburg, PA 17055 Talia S. Walston M&T Bank Legal Document Processing P.O. Box #844 Buffalo, New York 14240 Dated: 4/12/2004 Assist~sel Departm6nt of Labor and Industry Office of Chief Counsel Employment Security Division 10th Floor, Labor and Industry Building Seventh and Forster Streets Harrisburg, PA 17121 Telephone: (717) 787-4186 Attorney I.D. # 35449 R. Thomas Kline, Sheriff, who b~=inq duly sworn accordinq to law states this writ is returned STAYED Der instructions from Attornev Javne C. Shinko. Sheriff' s (]o~- ~w Library .50 Pr~ono~y 1.00 ~rvice 6.90 ~sh~ 9.00 S~c~ge 30.00 ~ 20.00 $100.39 Advance Deposik Sheriff's Costs $150.00 1.00.39 Refund $ 49.61 Sworn and subscribed to before me R. Thomas Kline, Sheriff