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HomeMy WebLinkAbout04-0515REVK-159 (12-01) REVOOOK9 BUREAU OF COMPLIANCE DEPT. 280948 HARRISBURG, PA 17128-0948 Q / tf,'UG t: F y 0.1, ?. ?4'IaQo COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE EAST GATE INDUSTRIES 273 MULBERRY DR STE 3 MECHANICSBURG PA 17055-7914 CERTIFIED COPY OF LIEN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EIN: 23-2250332/000 Notice Date: January 18, 2004 Notice Number: 691-714-404-011-3 To the Prothonotary of said court: Pursuant to the laws of the Commonwealth of Pennsylvania, there is herewith transmitted a certified copy of a lien to be entered of record in your county. 1 2 3 4 5 6 7 TAX TYPE ACCOUNT ID TAX TAX EVENT TAX TOTAL PERIOD PERIOD NUMBER DUE DUE BEGIN END EMPL 13858428 07-01-01 09-30-01 1 687.46 1,298.82 EMPL 13858428 10-01-01 12-31-01 1 802.04 1,496.76 EMPL 13858428 01-01-02 03-31-02 1 687.46 1,272.25 EMPL 13858428 04-01-02 06-30-02 1 802.04 1,472.28 EMPL 13858428 07-01-02 09-30-02 1 687.46 1,251.61 EMPL 13858428 10-01-02 12-31-02 1 802.04 1,447.69 EMPL 13858428 01-01-03 03-31-03 1 687.46 1,163.58 TOTAL: 5,155.96 9,402.99 FILING FEE(S): 14.00 n b ?- ;1!rl? Tt ?Tl --4 Z? r,1 cA ? C ' „. t -o m . c.'1 r=C.` T yr.. ? rJ?i C- G7 wpm N N Gl1 INTEREST COMPUTATION DATE: 01-28-04 The undersigned, the Secretary of Revenue (or an authorized delegate) of the Commonwealth of Pennsylvania, certifies this to be a true and correct copy of a lien against the above named taxpayer for unpaid TAX, INTEREST, ADDITIONS or PENALTIES therein due from such taxpayer and which, after demand for payment thereof, remains unpaid. The amount of such unpaid TAX, INTEREST, ADDITIONS or PENALTIES is a lien in favor of the Commonwealth of Pennsylvania upon the taxpayer's property, real, personal, or both, as the case may be. ..? ?- 'l r - January18, 2004 S RUETARY OF LEGATE) UE DATE (OR ATHORIZE PART 1 - TO BE RETAINED BY RECORDING OFFICE COMMONWEALTH OF PENNSYLVANIA VS EAST GATE INDUSTRIES NOTICE OF TAX LIEN filed this day of at m. PLACE OF THE FILING NOTICE FORM PLACE OF FILING: The notice of lien shall be filed: (a) In the case of Real Property, in the office of the Prothonotary of the county in which the property subject to the lien is situated and (b) in the case of Personal Property, whether tangible or intangible, in the office of the Prothonotary of the county in which the property subject to lien is situated. AUTOMATIC REVIVAL OF NOTICE AND PRIORITY OF NOTICE GENERAL RULE: According to the Fiscal Code, the Notice of Lien is automatically revived and does not require refiling of the Notice by the Commonwealth. Any Notice of Lien filed by the Commonwealth shall have priority to, and be paid in full, before any other obligation, judgement, claim, lien, or estate is satisfied from a subsequent judicial sale or liability with which the property may be charged. EXCEPTION The Commonwealth does not maintain priority of tax liens over any existing mortgages or liens which are properly recorded at the time that the tax lien is fled. SSA Act of December 12, 1994, P.L. 1015, No. 138. RELEASE OF LIEN LIENS FOR TAXES Liens for Corporation Taxes arise under Section 1401 of the Fiscal Code, 72 P.S. Section 1404, as amended. Liens for Personal Income Tax and Employer Withholding Tax arise under Section 345 of the Tax Reform Code of 1971, 72 P.S. Section 7345, as amended. Liens for Realty Transfer Tax arise under Section 1112-C of the Tax Reform Code of 1971, 72 P.S. Section 8112-C, as amended. Liens for Liquid Fuels Tax arise under Section 13 of the Liquid Fuels Tax Act, 72 P.S. Section 2611-M, as amended. Liens for Fuel Use Tax arise under Section 13 of the Fuel Use Tax Act, 72 P.S. Section 2614.13, as amended. Liens for Motor Carriers Road Tax arise under Chapter 96 of the PA Vehicle Code, (75 PA. C.S. 9615). Liens for Inheritance Tax and Estate Tax arise under the Inheritance and Estate Tax Act of 1982, Act of December 13, 1982, P.L. 1086, No. 225 Section 1 at. seq., 72 PA. C.S.A. Section 1701 at. seq. (For deoendants with date of death prior to December 13, 1982, liens arise under the Inheritance and Estate Tax Act of 1961, 72 P.S. Section 2485 - 101 at. seq.). Liens for State, or State and Local Sales, Use and Hotel Occupancy Tax and Public Transportation Assistance Fund Taxes and Fees arise under Section 242, Act of March 4, 1971, No. 2 as amended, 72 P.S. Section 7242. Liens for Motorbus Road Tax arise under Chapter 98 of PA Vehicle Code, (75 PA C.S. 9815). LIENS FOR TAXES. PENALTIES AND INTEREST GENERAL INFORMATION: Corporation Tax Liens provided under the Fiscal Code arise at the time of settlement (assessment) and are liens upon the franchises and property, both real and personal, with no further notice. The filing of a Notice of Lien with a county Prothonotary is not a requisite, and the lien remains in full force and validity without filing of revival until paid. Inheritance Tax Liens are liens on real estate which continue until tax is paid Subject to such regulation as the Secretary or his delegate may prescribe, the Secretary or his delegate may issue a certificate of release of any lien imposed with respect to any tax if: (1) the liability is satisfied, satisfaction consisting of payment of the amount assessed together with all interest and costs in respect thereof; or (2) the liability has become legally unenforceable. EXCEPTION: Interest on Corporation Taxes is computed after a lien is paid. SETTLEMENT OF ACCOUNT The Total" column (Column 7) for each type of tax listed on this Notice of Lien comprises the balance of Tax Due (Column 6) plus assessed additions and/or penalties, and assessed and accrued interest up to the interest computation date on the face of this notice. If payment or settlement of account is made after the interest computation date, the payment must include the lien filing costs and accrued interest from the interest computation date to and through the payment date. For any delinquent taxes due on or before December 31, 1981, interest is imposed at the following rates. C.S., F.F., C.L., C N.I. - 6% PER ANNUM (DUE DATE TO PAYMENT DATE) C.I., G.R., C.A., S.T. - 6% PER ANNUM ((DUE DATE TO PAYMENT DATE) B.L., N.E., G.P., M.I. .6% PER ANNUM (DUE DATE TO PAYMENT DATE) P.U.R. - 1% PER MONTH OR FRACTION (DUE DATE TO PAYMENT DATE) P.I.T., E.M T. -3/4 OF 1% PER MONTH OR FRACTION S. & U. - 314 OF 1% PER MONTH OR FRACTION R.TT. -6% PER ANNUM INH & EST. - 6% PER ANNUM L.F.T., F.U.T. -1% PER MONTH OR FRACTION M.C.R.T. -1% PER MONTH OR FRACTION O.FT. 0% PER ANNUM For all taxes that are originally due and payable on and after January 1, 1982, the PA Department of Revenue will calculate daily interest on all tax deficiencies using an annual interest rate that will vary from calendar year. Interest is calculated on a daily basis at the following rates: DELINQUENT DATE INTEREST RATE DAILY INTEREST FACTOR 111/82 THRU 12/3182 20% .000548 111183 THRU 1281183 16% .000438 111184 THRU 12/31184 11% .000301 111/85 THRU 12/31185 13% .000356 186 THRU 12/31/86 10% .000274 1167 THRU 12131187 9% .000247 1/1/88 THRU 12131/91 11% .000301 1/1/92 THRU 12/31192 9% .000247 1/1193 THRU 128184 7% .000192 111/95 THRU 12t3l/98 9% .000247 111199 THRU 1281/99 7% .000192 111100 THRU 1281100 8% 000219 1/1101 THRU 12/31101 9% .000247 111/02 THRU 12/31102 6% .000164 1/1/03 THRU 1281/03 5% .000137 1/1/04THRU 12/3184 4% .000110 Personal Income Tax. Emoloyer Withholding Tax. Realty Transfer Tax. Sales and Use Tax. Liouid Fuels Tax. Fuel Use Tax. Motor Carriers Road Tax and Motorbus Tax liens are liens upon the franchises as well as real and personal property of taxpayers, but only after they have been entered and docketed of record by the Prothonotary of the county where such property is situated and shall not attach to stock of goods, wares, or merchandise regularly used in the ordinary course of business of the taxpayer. The lien has priority from the date of entry of record. ---Taxes that become delinquent on or before December 31, 1981 will remain a constant interest rate until the delinquent balance is paid off. ---Taxes that become delinquent on or after January 1, 1982 are subject to a variable interest that changes each calendar year. ---Interest is calculated as follows: INTEREST = (BALANCE OF TAX UNPAID) X(NUMBER OF DAYS DELINQUENT) X (DAILY INTEREST FACTOR) r ! COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF REVENUE, Plaintiff V. EAST GATE INDUSTRIES 273 MULBERRY DRIVE -SUITE 3 MECHANICSBURG, PA 17055-7914 Defendant CUMBERLAND COUNTY, PENNA. No: 04 - 515 Civil Term Face Amount of Lien $9,402.99 Less prior payments $ 255.59 Balance Due As of 12/10/06 $9,147.40 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) PA. R. C. P. 43101 TO 43149 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 EAST GATE INDUSTRIES, Defendant (3) and against PNC BANK, Garnishee(s) (4) and index this Writ (a) against EAST GATE INDUSTRIES, Defendant(s) (b) and against PNC BANK, Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff). Furnish four (4) copies for real estate levy. LEVY UPON ALL PERSONAL PROPERTY (INCLUDING, BUT NOT LIMITED TO ANY AND ALL MOTOR VEHICLES) OF DEFENDANT LOCATED AT THE ABOVE ADDRESS, INCLUDING INVENTORY AND EQUIPMENT AND SEIZE ALL CASH IN SAFES AND CASH REGISTERS. GARNISHEE THE BANK ACCOUNT OF EAST GATE INDUSTRIES, ACCOUNT # 031312738 5004449625 AT PNC BANK, 2 EAST MAIN STREET, MECHANICSBURG, PA 17055 AND SERVE INTERROGATORIES ON THE GARNISHEE. (5) Exemption has (not) been waived. Dated: November 2006 BY: Senior DeptAy Attorney General Office of Attorney General i Attorney for Plaintiff ?s '? -,. 3Ls ? ?. -.., `d ? `?? ? ? ? ?? ? r- ? ,?? c-?, ;? ._ ? ?; i r, ?? ? ;^ ? ? ? .,< J ?? .' _ ? ? ? ? ? ? U? tr. .-% `? -? -? .? ? ? r+ COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PENNA. Plaintiff No: 04 - 515 Civil Term V. : Face Amount of Lien $9,402.99 Less prior payments $ 255.59 EAST GATE INDUSTRIES : Balance Due 273 MULBERRY DRIVE - SUITE 3 As of 12/10/06 $9,147.40 MECHANICSBURG, PA 17055-7914 Defendant WRIT OF EXECUTION - (MONEY JUDGMENTS) RULES PA. R.C.P. 43101 TO 43149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA To satisfy the judgment, interest and costs against EAST GATE INDUSTRIES, Defendant. (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein; (2) You are also directed to attach the property of the defendant not levied upon in the possession of PNC Bank, as Garnishee(s) (Property described below) LEVY UPON ALL PERSONAL PROPERTY (INCLUDING, BUT NOT LIMITED TO ANY AND ALL MOTOR VEHICLES) OF DEFENDANT LOCATED AT THE ABOVE ADDRESS, INCLUDING INVENTORY AND EQUIPMENT AND SEIZE ALL CASH IN SAFES AND CASH REGISTERS. GARNISHEE THE BANK ACCOUNT OF EAST GATE INDUSTRIES, ACCOUNT # 031312738 5004449625 AT PNC BANK, 2 EAST MAIN STREET, MECHANICSBURG, PA 17055 AND SERVE INTERROGATORIES ON THE GARNISHEE. 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 not levied upon and subject to attachment is found in the possession of anyone other than the named garnishee(s), you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. FACE AMOUNT OF LIEN $9,402.99 LESS PRIOR PAYMENTS $ 255.59 BALANCE DUE AS OF 12/10/06 $9,147.40 DATED: Pro onotary, erlan ounty, PA. Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-515 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Commonwealth of Pennsylvania Department of Revenue Plaintiff (s) From East Gate Industries 273 Mulberry Drive - Suite 3, Mechanicsburg, Pa. 17055-7914 (1) You are directed to levy upon the property of the defendant (s)and to sell Levy upon all personal property (including but not limited to any and all motor vehicles) of defendant located at above address including inventory and Equipment and seize all cash in safes and cash registers.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PNC Bank 2 East Main Streeet, Mechanicsburg, Pa. 17055 GARNISHEE(S) as follows: - The Bank Account of East Gate Industries, Account #031312738 5004449625 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 Due$9,147.40 Interest L.L.$0.50 Atty's Comm % Atty Paid $31.50 Plaintiff Paid Date: J ous•tb" .?1. J00(i (Seal) Due Prothy $1.00 Other Costs$0.50 Garnishee Tax Due $0.50 Curt' R. Long, ,,r o tary By: Deputy REQUESTING PARTY: Name Address: Attorney for: Telephone: Supreme Court ID No. Od1AlVA1101[ VA,rol m EAST GAVE INDUSTRIES 273 MULBERRY DR STE 3 MECHANICSBURG PA 17059-7914 2 3 TAX TYPE AOOOU T 0 X PERIOD i BEGN EMPL 13856448 07-01-01 QAPL 13856428 10-01-01 SAPL 13868428 01-01-02 EMPL 13666428 04-01-02 U ft 131106M 07.01.02 I t, '1VI N`IT µy. O P 1?1 CERT C?f %u? t ??` / ? COURT OF COMMON OF NM F. ? CUMBERLAND C4U PENNSYLVAANII Elk momss"m Aet:' f A Nolin ? 011-0 Notla ?Mrfrr.r Nt-7IF TO to Pm ftnowy at Will 4004 #'. , . commomvowb of ==A W g yo reo t?_ oopydnfbntofe 4 TAX 5 EVENT 8 CNt DIAL ' `' PERM NUMBER mw wx EFL 084001 1 tlq+i6 4...:. f2-31-01 0 3 -3 11.02 1 1 0 3 3 30-02 08 1 W 06.30-92 1 WAS ?, . EMPL 13868428 IM-02 1231-02 f tI0f2,04 i '" { ;? EMPL 13868486 01-01-08 03-31.03 1 WA* 1 s e a FILM FEW: 9 p -a - ?t Y `1.t y.- X t }. W fNW! tX711 MATM DATE: M-" rharfayd d tIw K C MmpnwW0 4l PK n ? dR r 11 M Ora t ti „ ; t @mn (O e T1w fndNiMptwr, ttw Omolwy s y X BT, AoW ONB w PE IA6T Ii ? 1N • bra 10" 6w ilowntnwd hill,"-br M TA ? P ? ? ? ' ? > b? ?y iwnrd, nme4u Mpakl. ?1N f?r?t d wah utpaNf TA14 MiERE6TAOOi110NB Or b01h rMt ar to oeN nM r +? p ft f t ff? o et 1?L b BI Y f E , wori e p opow, , p o upon 9 ffl R rfoy ?r+ • Zo o 4go o & do"wo- iR D ATE PART! - To W NE9URN40 TO THI OEPARMAENT OF RBVINUE jW •"'f.0.' 4 k- Uk. a a BEST AVAILABLE - MICRO COPY COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PENNA. Plaintiff No: 04 - 515 Civil Term V. : Face Amount of Lien $9,402.99 Less prior payments $ 255.59 EAST GATE INDUSTRIES 273 MULBERRY DRIVE - SUITE 3 MECHANICSBURG, PA 17055-7914 Defendant Balance Due As of 12/10/06 $9,147.40 AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :SS: John J. Condrige, being duly sworn according to law, deposes and says that he is an employee of the Commonwealth of Pennsylvania, Office of Attorney General, Financial Enforcement Section, and that to the best of his knowledge, information and belief, the name and last known address of the Defendant of property specified in the Writ of Execution attached hereto is: East Gate Industries, 273 Mulberry Drive, Suite 3, Mechanicsburg, PA 17055-7914. SWORN AND SUBSCRIBED TO BEFORE ME THIS DAY OF C- Y? a,u.yA-1614-'?- 2006. ill I o-t - k?,4 BY ? '-L ? " J J. Con e, #20831 Uaincial or Depu Attorney Gene al Enforcement Section Office of Attorney General 15th Floor Strawberry Square Harrisburg, PA 17120 Phone: (717) 787-7188 NOTARIAL SEAL MARGARET L. GAUDI, Notary Public City of Harrisburg, Dauphin County W Commission Expires April 7, 2007 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PENNA. Plaintiff V. EAST GATE INDUSTRIES 273 MULBERRY DRIVE - SUITE 3 MECHANICSBURG, PA 17055-7914 Defendant No: 04 - 515 Civil Term Face Amount of Lien Less prior payments Balance Due As of 12/10/06 $9,402.99 $ 255.59 $9,147.40 AFFIDAVIT OF MAILING NOTICE OF ENTRY OF LIEN AND OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : ss: John J. Condrige, being duly sworn according to law, deposes and says that he is an employee of the Commonwealth of Pennsylvania, Office of Attorney General, Financial Enforcement Section, that he is authorized to make this Affidavit and Notice of Entry of Lien, as provided by Section 242(a) of the Tax Reform Code of 1971, Act of March 4, 1971, No. 2, as amended, and that he sent said Notice of Entry of Lien by certified and regular mail on November 8, 2005 addressed to East Gate Industries, 273 Mulberry Drive, Suite 3, Mechanicsburg, PA 17055. AND FURTHER, deponent deposes and says that after investigation, to the best of his knowledge and belief upon information available, the Defendant is not in the active military or naval service of the United States or its Allies, or otherwise within provisions of the Soldiers' and Sailors' Civil Relief Act of Congress and its amendments. Sworn and subscribed to before me this / 74day , BY: of?U+?-?-?-, 20 J. Co ige #2083Vneral ` (enior De ty Attorney Office of Attorney General NOTARIAL SEAL MARGARET L. GAUDI, Notary Public Clty of Harrisburg, Dauphin County My Commission Expires April 7, 2007 C'? ?? n ? ? :? ?? _?-_-s t ..^ ; it ^.? rp r - (4 .{y ?? ^h t"? COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS DEPARTMENT OF REVENUE, : CUMBERLAND COUNTY, PENNA. Plaintiff V. No: 04 - 515 Civil Term Face Amount of Lien Less prior payments Balance Due As of 12/10/06 $9,402.99 $ 255.59 EAST GATE INDUSTRIES 273 MULBERRY DRIVE - SUITE 3 MECHANICSBURG, PA 17055-7914 Defendant $9,147.40 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: SIR, please enter the appearance of JOHN J. CONDRIGE, SENIOR DEPUTY ATTORNEY GENERAL, whose address is 15TH FLOOR STRAWBERRY SQUARE, HARRISBURG, PENNSYLVANIA, 17120, as Attorney for the PENNSYLVANIA DEPARTMENT OF REVENUE, the Plaintiff in the above captioned case. y General Financial Enforcement Section 15th Floor - Strawberry Square Harrisburg, PA 17120 (717) 787-7188 BY ? - 61" r John J. C rige #20831 Senior D ty Attorney General .Vi Office of Attorne General DATED: November 1, , 2006 r? ?` .. 4`.:..7 " .l ` C ?? ? f-3 _ .?,a .-. t ?? x E F^"A L-n. ...i..{ 4kJ SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. EAST GATE INDUSTRIES and NO. 04-515 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, in the above-captioned matter. Date: " C Y ~ i co d ` Jy 1 SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-00515 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BUREAU OF COMPLIANCE VS EAST GATE INDUSTRIES And now SHANNON SHERTZER Sheriff or Deputy Cumberland County of Pennsylvania, who being duly sworn to law, at 0014:30 Hours, on the 4th day of December-, as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT Sheriff of according 2006, attached credits, and in the hands, possession, or control of the within named Garni hee PNC BANK 2 EAST MAIN ST MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to DESMOND THOMPSON (BRANCH 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 Her . Sheriff's Costs: So s: Docketing .00 10 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Vol Sheriff of Cumberla d County \ .00 .00 ?D? 01/05/2007 Sworn and Subscribed to before me this day of By eputy Sher f A.D t ? h SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS DEPARTMENT OF REVENUE COUNTY OF CUMBERLAND vs. EAST GATE INDUSTRIES NO. 04-515 and PNC BANK, NATIONAL ASSOCIATION, CrARNi4HEF. TO: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE, Plaintiff 1. No. 2. Account titled East Gate Industries c/o Steve Gift & Assoc. The total sum of $2,022.11 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, leaving a balance for execution purposes of $1,922.11. In addition, to 42 Pa.C.S.A. Section 2503, garnishee attorneys fees are authorized in an amount to be 3. - 6. No. from the attached funds. JON Garnishee Dated: TEB-20-2007 11:34 PNC GARN ACCTS SERVICES 412 762 6178 P.01 VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. x4904, relating to answorn falsification to authorities. Re: Commonwealth of Pennsylvnia - Department of Revenue vs: Past Gate Industries N e Positio DATE: r/.yam .r?? o2v, vv? Lit-233946.1 cn C rl.> o z, Ll -*-? C!' r o T a n : r c3+ ? SIRLIN GALLOGLY & LESSER, P.C By: Jon C. Sirlin, Esquire, I.D. No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE vs. EAST GATE INDUSTRIES and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND : NO. 04-515 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, PNC BAND, NATIONAL ASSOCIATION Garnishee, PNC Bank, National Association, hereby bills the following costs to the fund attached, and will be satisfied therefrom as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A. Section 2503: Notary Charges: Entry of Appearance: Answers to Interrogatories: Order to Discontinue or Satisfy: Other: Costs are hereby taxed in the amount of JON BY: 300.00 0.00 $ 0.00 $ 0.00 0.00 0.00 TOT Garnishee this ?d?y of 12007. _ ra V (7'? ? " . 7 ( co Z J F?,l COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF REVENUE, Plaintiff V. EAST GATE INDUSTRIES and PNC BANK, NATIONAL ASSOCIATION, Garnishee : COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 04 - 515 PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE BY ADMISSIONS TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Commonwealth of Pennsylvania, Department of Revenue, and against Garnishee, PNC Bank, National Association, pursuant to Answers of Garnishee to Interrogatories and Attachment which are attached hereto as Exhibit "A". Assess judgment in the amount of $1,922.11. This figure represents the amount listed in the Answers to Interrogatories. RESPECTFULLY SUBMITTED: TOM CORBETT ATTORNEY GENERAL I)rL9., " BY: o J. Co ige 402083 . Deputy Attorney General Office of Attorney General Financial Enforcement Section 15th Floor - Strawberry Square Harrisburg, PA 17120 Direct: 717-787-7188 Fax: 717-705-7243 E-Mail: jcondrige@attorneygeneral.gov EXHIBIT "A" SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE vs. EAST GATE INDUSTRIES and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 04-515 PNC BANK, NATIONAL ASSOCIATION, GARNIS14EF. ANSWERS TO INTERROGATORIES IN ATTACHMFNT TO: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE, Plaintiff 1. No. 2. Account titled East Gate Industries c/o Steve Gift & Assoc. The total sum of $2,022.11 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge, leaving a balance for execution purposes of $1,922.11. In addition, p suant to 42 Pa.C.S.A. Section 2503, garnishee attorneys fees are authorized in an amount to be dete ned d d "..t d from the attached funds. 3.- 6. No. JON Dated: Garnishee COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF REVENUE, Plaintiff V. EAST GATE INDUSTRIES and PNC BANK, NATIONAL ASSOCIATION, Garnishee : COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 04 - 515 CERTIFICATE OF SERVICE 1, John J. Condrige, Esquire, Senior Deputy Attorney General, hereby certify that a copy of the foregoing Praecipe to Enter Judgment Against Garnishee by Admissions, was sent by first class mail, postage prepaid, on the 28th day of February, 2007 addressed to the following: PNC Bank 2 East Main Street Mechanicsburg, PA 17011 Law Offices of Sirlin Gallogly & Lesser, P.C. 1529 Walnut Street - Suite 600 Philadelphia, PA 19102 ATTN: LISA in Garnishment Section (Copy also faxed to Lisa on 2/28/07 At fax number 215-864-9669) RESPECTFULLY SUBMITTED: BY: J J. Condr' #020831 vffice eputy A rney General of Attorney General Financial Enforcement Section 15'h Floor - Strawberry Square Harrisburg, PA 17120 Direct: 717-787-7188 Fax: 717-705-7243 E-Mail: jondrige@attorneygeneral.gov {? ? •y ??{{.. ?p ? ~? ? ? = ?? .?? ti ? COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE VS. EAST GATE INDUSTRIES and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND : NO. 04-515 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE : ATTORNEY I.D.# ,2 483 / ORDER TO SATISFY ID(tME NT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly mark the judgment entered against the Garnishee, PNC Bank, National Association, in the above matter, satisfied upon payment of your costs only. Q110-L ? -6V4- -.0 JO J. CO GE Aymey for aintiff Dated: -z -o2J ?0 7 w -f- (Ai N W ?4. b O a a -e r w{ CSl W R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs 118.75 Docketing 18.00 31.25 Poundage 2.33 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 07/17/07 Mileage 7.92 Misc. Surcharge 40.00 Levy 40.00 Post Pone Sale Certified Mail Postage Garnishee TOTAL 9.00 118.75 ? 7/1 f e 7 ( R. Thomas Kline, Sheriff B ` S :01 V b Z AGN 9001 ? Q ?- 75 5 a k WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-515 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Commonwealth of Pennsylvania Department of Revenue Plaintiff (s) From East Gate Industries 273 Mulberry Drive - Suite 3, Mechanicsburg, Pa. 17055-7914 (1) You are directed to levy upon the property of the defendant (s)and to sell Levy upon all personal property (including but not limited to any and all motor vehicles) of defendant located at above address including inventory and Equipment and seize all cash in safes and cash registers.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PNC Bank 2 East Main Streeet, Mechanicsburg, Pa. 17055 GARNISHEE(S) as follows: - The Bank Account of East Gate Industries, Account #031312738 5004449625 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 Due$9,147.40 Interest Atty's Comm % Atty Paid $31.50 Plaintiff Paid Date: November 21, 2006 (Seal) L.L.$0.50 Due Prothy $1.00 Other Costs$0.50 Garnishee Tax Due $0.50 a R. Long, Pwdi notary By: Deputy REQUESTING PARTY: Name John J. Condrige Address: 15th Floor Strawberry Square, Hbg, PA 17120 Attorney for: P l t f f Telephone: (717) 787-7188 Supreme Court ID No. 20831