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Home My WebLink About09-1485KELLY SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION HUTCH HOMES, INC., : NO. < Defendant 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de Las demandas que se presentaan mas adelante en Las siguientes paginas, debe tomar accion dentro de Los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otrga reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 KELLY SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION HUTCH HOMES, INC., : NO. Defendant COMPLAINT AND NOW comes Plaintiff, by and through its undersigned attorneys, and files this Complaint, averring as follows: 1. Plaintiff is Kelly Systems, Inc. ("Kelly"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 1441 Stoneridge Drive, Middletown, Pennsylvania. 2. Defendant is Hutch Homes, Inc. ("Hutch"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 414 South York Street, Mechanicsburg, Pennsylvania. 3. On or about April 3, 2006, Kelly offered to furnish and install drywall and perform related work on a new home which Hutch was constructing located on Ravenwood Road in the Fair Oaks subdivision in Mechanicsburg, Pennsylvania, for the sum of $19,770.00. On or about April 3, 2006, Hutch, through Mr. James W. Hutchison, President, orally accepted the offer by communicating same to Vern Greenfield of Kelly, and directed Kelly to proceed with the work. 4. Kelly completed all work required of it on or before December 16, 2006. As of that date, Kelly had satisfied all conditions precedent and otherwise had performed all obligations on its part to be performed. Furthermore, Hutch never notified Kelly of any deficiency item and Hutch accepted all of Kelly's labor and materials. I. COUNT ONE-BREACH OF CONTRACT 5. The averments of Paragraphs 1 through 4 of this Complaint are hereby adopted by reference and incorporated herein. 6. By invoice dated December 18, 2006, and mailed to Hutch on that same day, Kelly demanded payment of the entire contract sum of $19,770.00, plus an additional $112.00 for extras as specified in the bill and as necessary to complete duct work in the garage. A true and correct copy of the aforesaid invoice is hereto attached marked as Exhibit A. 7. To date, Hutch has paid only the sum of $1,000.00, leaving a contract balance due and owing of $18,882.00. 8. Despite numerous demands, Hutch has failed to pay the balance. 9. The amount demanded does not exceed the maximum requiring submission to compulsory arbitration. WHEREFORE, Kelly demands judgment in its favor and against Hutch in the principal amount of $18,882.00, plus interest from December 18, 2006, plus costs of suit. H. COUNT TWO-QUANTUM MERUIT 10. The averments of Paragraphs 1 through 9 of this Complaint are hereby adopted by reference and incorporated herein. This Count is filed in the alternative to Count One of the Complaint. 11. The fair and reasonable value of the work performed by Kelly is $19,882.00. WHEREFORE, Kelly demands judgment in its favor and against Hutch in the principal amount of $18,882.00, plus interest from December 18, 2006, plus costs of suit. 2 III. COUNT THREE-ACTION ON ACCOUNT STATED 12. The averments of Paragraphs 1 through 11 of this Complaint are hereby adopted by reference and incorporated herein. This Count is filed in the alternative to Counts One and Two of the Complaint. 13. Subsequent to mailing the invoice to Hutch, Kelly on various occasions has had contact with Hutch regarding Hutch's continuing non-payment of the balance. On none of those occasions did Hutch ever contest the accuracy of the invoice or assert that there was any reason whatsoever that the balance was not due; rather, Hutch has consistently stated only that it did not have the money to pay Kelly. A true and correct copy of a letter dated August 4, 2007, from Hutch to Kelly, to the aforesaid effect, is hereto attached marked as Exhibit B. WHEREFORE, Kelly demands judgment in its favor and against Hutch in the principal amount of $18,882.00, plus interest from December 18, 2006, plus costs of suit. Dated: MOP Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, 4G-M-ilakovic Thomas S. Beckley Attorneys for Plaintiff 3 VERIFICATION I, Jeffrey G. Depew, II, hereby verify that I am an adult individual; that I am authorized to make this verification in behalf of Kelly Systems, Inc., the Plaintiff in the foregoing Complaint; and that the facts set forth therein are true to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: l U °1' ?j / Je y ew, II, Controller Fxl,?6,} f} kkw ELLY SYSTEMS, INC. 1441 STONERIDGE DRIVE MIDDLETOWN, PA 17057-5977 INVOICE NO: INV00003 S Page: 1 Customer No.: 10894 Customer Name: HUTCH HOMES JIM HUTCHINSON 414 SOUTH YORK ST. MECHANICSBURG, PA 17055 1 Billing-DRYWALL 1 Billing-ADDITIONAL CORNER BEAD AT GARAGE DUCT WORK Date: 12/18M Project: FAIR OAKS P.O. No. ROSSMOYNE, MECHANICSBURG Department(s) 14 Job No: 5312 INVOICE 19,770.00 112.00 GROSS INVOICE AMOUNT $ 19,882.00 0 % RETAINAGE WITHHELD $ ( 0.00) NET INVOICE AMOUNT DUE $ 19,882.00 F,?s?;q 6 4 August 07 Jeffrey G. Depew, II 1441 Stoneridge Dr. Middletown, Pa. 17057 Dear Jeffery G. Depew, II There is -nothing I would like more than to able to pay your invoice, but at this time I am not able, to the fact Hutch Homes has not sold a house in over 16 months. I have three houses for sale. One of them has been on the market for over 500 days. I intend to pay your invoice as soon as I'm able. My contact information: Cell.: 717-554-4652 Fax: 7.17-697-7666 3?w- 73 Ul w Sheriffs Office of Cumberland County R Thomas Kline ?$yatr It cumbrr? ? Edward L Schorpp Sheri ' Solicitor } Ronny R Anderson Jody S Smith Chief Deputy OFFICE Or THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/20/2009 Jody Smith, Sergeant, who being duly sworn according to law, states that on March 20, 2009 at 1405 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Hutch Homes, by making known unto James W. Hutchinson Jr., officer of Hutch Homes, at The Sheriffs Office One Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 March 20, 2009 2009-1485 Kelly Systems VS Hutch Homes SO ANS , R THOMAS KLINE, SHERIFF By ?. Sergeant ?'? ti ?cma' "?"S > ..? F?'1 ts7 3? -?." T y t"_ t ,.sv. =?1'1. ?. ti dill. KELLY SYSTEMS, INC., Plaintiff V. HUTCH HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : NO. 09-1485-CIVIL PRAECIPE TO THE PROTHONOTARY: Enter a default judgment in favor of Plaintiff and against Defendant above-named, for failure of Defendant to file an answer to Plaintiff's Complaint within twenty (20) days after service thereof, or otherwise to plead in response thereto. Assess Plaintiff's damages as follows: Principal Debt $18,882.00 Interest (from 12/18/06) 2,687.97 Real Debt $21,569.97 It is hereby certified that a notice of intent to enter a default judgment was mailed to the Defendant at least ten (10) days prior to the filing of this praecipe and after default occurred. Dated: _7/7/0,? Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, 4hnilakovic Thomas S. Beckley Attorneys for Plaintiff F? KELLY SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION HUTCH HOMES, INC., : NO. 09-1485-CIVIL Defendant To: Hutch Homes, Inc., 414 South York Street, Mechanicsburg, PA 17055 (Defendant) Date of Notice: April 21, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Jaffn G. Milakovic ECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Attorneys for Plaintiff CERTIFICATE OF RESIDENCES It is hereby certified that the last known residences of the parties are as follows: PLAINTIFF/CREDITOR Kelly Systems, Inc. 1441 Stoneridge Drive Middletown, PA 17057 DEFENDANT/DEBTOR Hutch Homes, Inc. 414 South York Street Mechanicsburg, PA 17055 Dated: J I L11 o G..Milakovic CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Hutch Homes, Inc. 414 South York Street Mechanicsburg, PA 17055 Dated: , y 4.JG Milakovic EE LY SYSTEM, INC. , PlaiI)ti.ff vs. HUTCH HCMES, INC. , Defendaot IN Tl I E COURT OF COMMON PLEAS CUMBERI;F M CCUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO . 0,9-1485-Civil To Hutch Hanes, Inc. Defendantkl* You are hereby notified that on 2009 , 2*=, the following Judgment lies been entered against you in the above- captioned case. In favor of Plaintiff and against Defendant in the amount of $21.569:97 DATE: othono I hereby certify that the name and address of the proper person(s) to receive this notice is: Hutch Hanes, Inc. 414 South York Street Mechanicsburg, PA 17055 A Hutch Hanes, Inc. Defendidd W Por este me•.lio se le esta notificando clue el de del xk5t2009 , el/la siguiente (Fa l to lia s ido anotado en contra soya en el caso mencionado en el epigrafe. FF,C:IIA : I1rotonotario Certifico que In si.guiente direecion es la del defendido/a s.egun indicaLla en el certificado de residencia: Hutch Hanes, Inc. 414 South York Street Mechanicsburg, PA 17055 Abogado del Demandante OF THE POT'"'CNOTARY 2009 MAY -8 Fl# 12: 15, i +14-00 pp ATT`/ eye, -IIsu6 aa?$?9 KELLY SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION HUTCH HOMES, INC., : NO. 09-1485-CIVIL Defendant JUDGMENT AND NOW, this JE?` day of kA" , app? , judgment is hereby entered in favor of Plaintiff, Kelly Systems, Inc., and against Defendant, Hutch Homes, Inc., in the amount of $21,569.97. PROT TAR By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DMSION PRAECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment k=Y SYSTEMS, INC. , E] Other Plaintiff V. File No. 09-1485 Civil HUTCH HOMES, INC . , Amount Due Z , R"7 Defendant Interest Atty;s Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following descnbed property of the defendant (s) All property in hands of Garnishee, Camierce Bank PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Any property Garnishee's answers to interrogatories show to be due and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a li7peninst real estate of the defendant(s) described in the attached exhibit. Date May 13, 2009 Signature: Print Name: Milakovic Address: Beckley & Madden, 212 N. 3rd St. PO Box 11998, Harrisburg, PA 17108 Attorney for: Plaintiff Telephone: (717) 233-7691 Supreme Court ID No: 34843 Fits, 4?CRY CAF TNT' „ E _11ITY .R/•' + it - i? A'a:? mac. c,,& (3.1 4 ?'?,5a ?t9 V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1485 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KELLY SYSTEMS, INC., Plaintiff (s) From HUTCH HOMES, INC., 414 SOUTH YORK ST., 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 of COMMERCE BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 - ANY PROPERTY GARNISHEE'S ANSWERS TO INTERROGATORIES SHOW TO BE DUE GARNISHEE(S) as follows: 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 $21,569.97 Interest Atty's Comm % Atty Paid $161.50 Plaintiff Paid Date: MAY 18, 2009 L.L. $.50 Due Prothy $2.00 Other Costs s R. Lon , ro onotary (Seal) By: Deputy REQUESTING PARTY: Name JOHN G. MMAKOVIC, ESQUIRE Address: BECKLEY & MADDEN 212 N. 3an ST P.O.BOX 11998 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-233-7691 Supreme Court ID No. 34843 Sheriffs Office of Cumberland County R Thomas Kline ?,tr of C11"t6Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE 'F '"E S?', 1FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/27/2009 11:50 AM - Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on May 27, 2009 at 1150 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Hutch Homes, in the hands, possession, or control of the within named garnishee, Commerce Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to May Ellen Ballew, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 28, 2009 to Hutch Homes at 414 South York Street, Mechanicsburg, PA 17055. 2009-1485 So Answers, Kelly Systems oor vs Hutch Homes R. homas Kline, Sheriff By Dep y heriff C3 y r a ! ) y __ a _ KELLY SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION HUTCH HOMES, INC., : NO. 09-1485 Civil Defendant FUJI ri +6-- -- INTERROGATORIES TO GARNISHEE COMMERCE BANK TO: Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment being entered against you. B. The term "Defendant" means Hutch Homes, Inc. ("Hutch"). C. "You" means Commerce Bank, including, without limitation, your agents, employees, officers, directors, successors and assigns. D. "Property" means any real or personal property of any kind or nature whatsoever, including, without limitation, any accounts of any kind, negotiable instruments, bonds, certificates of deposit, securities or money. E. By service of the Writ of Execution upon you, all property of the Defendant subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant which comes into your possession thereafter. INTERROGATORIES IN ATTACHMENT 1. At the time you were served with these Interrogatories or at any subsequent time did you owe Hutch any money or were you liable to Hutch on any negotiable or other written instrument, or did Hutch claim that you owed Hutch any money or were liable to Hutch for any reason? If so, describe the nature of the debt or liability and the amount thereof, or the nature of the claimed debt or liability and the claimed amount thereof. Defendant had account-513111831 with a balance of $11,250.11 Defendant has 1 business loan and 1 Real estate loan. Defendant did not receive $300 exewtion. ANSWER: 2. At the time you were served with these Interrogatories or at 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 owned solely or in part by Hutch? If so, describe the property and the value thereof. ANSWER: See M-%)Px to question 1 2 3. At the time you were served with these Interrogatories or at any subsequent time did you hold legal title to any property owned solely or in part by Hutch, or in which Hutch held or claimed any interest? If so, describe the property and the value thereof. ANSWER: See answer to question 1 4. At the time you were served with these Interrogatories or at any subsequent time did you hold as fiduciary any property in which Hutch had an interest? If so, describe the property and the value thereof. ANSWER: See answer to questim 1 3 5. At the time you were served with these Interrogatories or at any subsequent time, did Hutch 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 property transferred or delivered; to whom was it transferred or delivered; when was it transferred or delivered; and what was the consideration therefor? ANSWER: No 6. At any time after you were served with these Interrogatories, did you pay, transfer, or deliver any property to Hutch, or to any person or place pursuant to Hutch's direction, or otherwise discharge any claim of Hutch against you? If so, describe precisely what you did; the value of the property paid, transferred, or delivered; why the payment, transfer, or delivery was effected; and when it was made. ANSWER: No 4 7. At the time you were served with these Interrogatories or at any subsequent time did you have property of Hutch, or property in which it has any interest, on deposit or otherwise in your possession, custody or control other than the property identified in your answers to the previous Interrogatories? If so, describe what you have and the value thereof. ANSWER: See answer to question 1 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did Hutch have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, please identify each account and state the reason for the exemption, the amount being withheld under each exemption, and the entity electronically depositing those funds on a recurring basis. ANSWER: See answer to question 1 5 9. If you are a bank or other financial institution, at the time you were served or at any subsequent time did Hutch have any funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, please identify each account. ANSWER: DATED: May 13, 2009 Of Counsel See answer to question 1 BECKLEY & MADDEN 212 North Third Street P. O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Respectfully submitted, G. 1 ovic, Esquire Thomas S. Beckley Attorneys for Kelly Systems, Inc. 6 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Commerce Bank/Harrisburg, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. FILFC t I'- THE ?,P?I rar*r f ? r 1f KELLY SYSTEMS, INC., Plaintiff V. HUTCH HOMES, INC., Defendant IN RE: COMMERCE BANK, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 09-1485-CIVIL PRAECIPE FOR JUDGMENT UPON ADMISSION OF GARNISHEE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff above-named and against the Garnishee, Commerce Bank, in the amount of $11,250.11, admitted in the answer to Interrogatory No. 1 (attached) to be in the Garnishee's possession. The amount of Plaintiff's judgment against the Defendant, Hutch Homes, Inc., is $21,569.97. Dated: (o 13 / 09 Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, G. Milakovic K;?my'4w Thomas S. Beckley Attorneys for Plaintiff h r 1 1 : t ??t--tt tt l ,Qnq o1 .! 1 aj z . qy 66 P1p4i cr- KELLY SYSTEMS, INC., Plaintiff V. HUTCH HOMES, INC., Defendant IN RE: COMMERCE BANK, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 09-1485-CIVIL JUDGMENT AND NOW, this y'4day of 0 - , 2009, pursuant to Pa.R.Civ.P. 3146(b), and upon Praecipe of the Plaintiff above-named, judgment is hereby entered in favor of the Plaintiff, Kelly Systems, Inc., and against the Garnishee, Commerce Bank, in the amount of $11,250.11. ROTHO*AY By: Deputy KELLY SYS MS , INC. , Plaintiff vs. HUTCH HOMES , !NC. De f e n d a n t To Co coerce Bank IN TFIE COURT OF COMMON PLEAS ME ERI AND COUNT-V, PENNSYLVANIA CIVIL ACTION - LAW tio. 09-1485-Civil Garnishee You are hereby notified that on June 4 2009, the following order (Decree) Judgment has been entered against you in the above- captioned case. In favor of Plaintiff and against Garnishee, Commerce Bank, in the amount of $11,250.11. I)ATF .2009 11-S" F thon I hereby certify that the name and address of the proper person(s) to receive this notice is: Commerce Bank 65 Ashland Avenue A 03w erce Bank , Garnishee Por este medio se le esta notificando que el 4th de ,Tune del 2009 , el/la siguiente (Orden , t)ecretoj, (Fa t to -ha s ido anotado en contra soya en el caso mencionado en el epigrafe. E F,CIIA : I°rotonota rio Certifico que In stgiiiente direction es la del defendido/a segun indicada en el certificado de residencia: Ccmnerce Bank 65 Ashland Avenue Carlisle, PA 17013 Abogado del Demandante V ? KELLY SYSTEMS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HUTCH HOMES, INC., Defendant CIVIL ACTION NO. 09-1485 Civil ,4(k,5-We[-z- -?b INTERROGATORIES TO GARNISHEE COMMERCE BANK TO: Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment being entered against you. B. The term "Defendant" means Hutch Homes, Inc. ("Hutch") C. "You" means Commerce Bank, including, without limitation, your agents, employees, officers, directors, successors and assigns. D. "Property" means any real or personal property of any kind or nature whatsoever, including, without limitation, any accounts of any kind, negotiable instruments, bonds, certificates of deposit, securities or money. E. By service of the Writ of Execution upon you, all property of the Defendant subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant which comes into your possession thereafter. INTERROGATORIES IN ATTACHMENT 1. At the time you were served with these Interrogatories or at any subsequent time did you owe Hutch any money or were you liable to Hutch on any negotiable or other written instrument, or did Hutch claim that you owed Hutch any money or were liable to Hutch for any reason? If so, describe the nature of the debt or liability and the amount thereof, or the nature of the claimed debt or liability and the claimed amount thereof. Defendant had account 513111831 with a balance of $11,250.11 Defendant has 1 business loan and 1 Real estate loan. Defendant did not receive $300 exemption. ANSWER: 2. At the time you were served with these Interrogatories or at 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 owned solely or in part by Hutch? If so, describe the property and the value thereof. ANSWER: See answer to question 1 2 3. At the time you were served with these Interrogatories or at any subsequent time did you hold legal title to any property owned solely or in part by Hutch, or in which Hutch held or claimed any interest? If so, describe the property and the value thereof. ANSWER: See answer to question 1 4. At the time you were served with these Interrogatories or at any subsequent time did you hold as fiduciary any property in which Hutch had an interest? If so, describe the property and the value thereof. ANSWER: See answer to question 1 3 5. At the time you were served with these Interrogatories or at any subsequent time, did Hutch 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 property transferred or delivered; to whom was it transferred or delivered; when was it transferred or delivered; and what was the consideration therefor? ANSWER: No 6. At any time after you were served with these Interrogatories, did you pay, transfer, or deliver any property to Hutch, or to any person or place pursuant to Hutch's direction, or otherwise discharge any claim of Hutch against you? If so, describe precisely what you did; the value of the property paid, transferred, or delivered; why the payment, transfer, or delivery was effected; and when it was made. ANSWER: No 4 7. At the time you were served with these Interrogatories or at any subsequent time did you have property of Hutch, or property in which it has any interest, on deposit or otherwise in your possession, custody or control other than the property identified in your answers to the previous Interrogatories? If so, describe what you have and the value thereof. ANSWER: See ar%aer to question 1 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did Hutch have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, please identify each account and state the reason for the exemption, the amount being withheld under each exemption, and the entity electronically depositing those funds on a recurring basis. ANSWER: See answer to question 1 5 9. If you are a bank or other financial institution, at the time you were served or at any subsequent time did Hutch have any funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, please identify each account. ANSWER: DATED: May 13, 2009 Of Counsel See answer to question 1 BECKLEY & MADDEN 212 North Third Street P. O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Respectfully submitted, G. i ovic, Esquire Thomas S. Beckley Attorneys for Kelly Systems, Inc. 6 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Lew Specialist of Commerce Bank/Harrisburiz, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Hutch Homes, Inc. 414 South York Street Mechanicsburg, PA 17055 Defendant Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 Garnishee Dated:1o/a/N 4G. Milakovic ; , KELLY SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION HUTCH HOMES, INC., Defendant .............................................: IN RE: COMMERCE BANK, Garnishee NO. 09-1485-CIVIL PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered on June 4, 2009, in the amount of $11,250.11, against the above-named Garnishee, as satisfied. Dated: Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, 4 Jo G. Milakovic FA ?07? Thomas S. Beckley Attorneys for Plaintiff ( OW CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated FIRST CLASS MAIL Hutch Homes, Inc. 414 South York Street Mechanicsburg, PA 17055 Defendant Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 Garnishee Dated: (0 //? o Jo . i akovic RLED-DIME OF The . , ::? .:- • i`,;ctY 2H9 jJ3, 23 N-i 2: 4 0 *8.00 PO AT-f Mr ( 405 QT* aa#7061 KELLY SYSTEMS, INC., Plaintiff v. HUTCH HOMES, INC., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 09-1485 Civil ~~~~,~~r~~ ~ INTERROGATORIES TO GARNISHEE METRO BANK, FORMERLY COMMERCE BANKlHARRISBURG TO: Metro Bank 6~ Ashland Avenue Carlisle, PA 17013 A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment being entered . - __ _- against-you. B. The term "Defendant" means Hutch Homes, Inc. ("Hutch") C. "You" means Metro Bank, including, without limitation, your agents, employees, officers, directors, predecessors, successors and assigns. D. "Property" means any real or personal property of any kind or nature whatsoever, including, without limitation, any accounts of any kind, negotiable instruments, bonds, certificates of deposit, securities or money. E. By service of the Writ of Execution upon you, all property of the Defendant subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant which comes into your possession thereafter. INTERROGATORIES IN ATTACHMENT 1. At the time you were served with these Interrogatories or at any subsequent time did you owe Hutch any money or were you liable to Hutch on any negotiable or other written instrument, or did Hutch claim that you owed Hutch any money or were liable to Hutch for any reason? If so, describe the nature of the debt or liability and the amount thereof, or the nature of the claimed debt or liability and the claimed amount thereof. ANSWER• Defendant has account 513111831 with a balance . of $2.52. Defendant also has two loans. 2. At the time you were served with these Interrogatories or at 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 owned solely or in part by Hutch? If so, describe the property and the value thereof. ANSWER: n o 3. At the time you were served with these Interrogatories or at any subsequent time did you hold legal title to any property ovr~ned solely or in part by Hutch, or in which Hutch held or claimed any interest? If so, describe the property and the value thereof. ANSWER: See answer to question 1 ~.__~t~he~ime you were served w~~ tfiese I~erroga~ries or a~t-any su~sequ~ "- time did you hold as fiduciary any property in which Hutch had an interest? If so, describe the property and the value thereof. ANSWER: See answer to question 1 5. At the time you were served with these Interrogatories or at any subsequent time, did Hutch 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 property transferred or delivered; to whom was it transferred or delivered; when was it transferred or delivered; and what was the consideration therefor? ANSWER: n o 6. At any tune after you were served with these Interrogatories, did you pay, transfer, or deliver any property to Hutch, or to any person or place pursuant to Hutch's direction, or otherwise discharge any claim of Hutch against you? If so, describe precisely what you did; the value of the property paid, transferred, or delivered; why the payment, transfer, or delivery was effected; and when it was made. ANSWER: n o 7. At the time you were served with these Interrogatories or at any subsequent time did you have property of Hutch, or property in which it has any interest, on deposit or otherwise in your possession, custody or control other than the property identified in your answers to the previous Interrogatories? If so, describe what you have and the value thereof. ANSWER: n o 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did Hutch have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, please identify each account and state the reason for the exemption, the amount being withheld under each exemption, and the entity electronically depositing those funds on a recurring basis. ANSWER: n o 9. If you are a bank or other financial institution, at the time you were served or at any subsequent time did Hutch have any funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, please identify each account. ANSWER: n ° DATED: October 21, 2009 Of Counsel BECKLEY & MADDEN 212 North Third Street P. O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Respectfully submitted, P. ^_ ;. ohn G.~I~I"ilako'vic, Esquire ~ ? /, Thomas S. Beckley ' Attorneys for Kelly Systems, Inc. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C..S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. {L'~ - _ ~. LLU~ i...~ i t3 (~ 1 t ~G~ { ~ t~ ~:'1: ~~~` ~~ < <; ,- - ` ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson c.~ i_i- `, ;`,~ Sheriff ~~w'~~~:,, oC ~arut,~~,~~~r~ - , ; ,,,C~ Jody S Smith Chief Deputy Z~ ~ ~ t'l;~l'i ~_ ~ F~ i i :~ ~ ~ Edward L Schorpp Solicitor ~~~~ _ - ~.E~r ~~~ ~ ._ Kelly Systems vs. Case Number Hutch Homes 2009-1485 SHERIFF'S RETURN OF SERVICE 05/27/2009 11:50 AM -Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on May 27, 2009 at 1150 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Hutch Homes, in the hands, possession, or control of the within named garnishee, Commerce Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to May Ellen Ballew, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 28, 2009 to Hutch Homes at 414 South York Street, Mechanicsburg, PA 17055. 05/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.37 May 25, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF By haron R. Lantz ,.2 .Do ~~. C~~- . S~' ~,~ f,~~t .. . .'.Ct R?*r>;ttl!'.. jhE;".tf. Te.!e`C~:o't I!r,;. '* SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff ~;~ ~_ ~t~l, ,i ~miau~F~,~ Jody S Smith Chief Deputy Edward L Schorpp ~~} ~ ~ ~ +',~~ ~ ~ f ~"i ~ ~ ~ 3 Solicitor - `~'~~ ~ ; ~ i+V~~ ~U:~ - ~ f... ,. , .. 4_ ~-~ Kelly Systems Case Number vs. 2009-1485 Hutch Homes SHERIFF'S RETURN OF SERVICE 10/28/2009 03:32 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2009 at 1532 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Hutch Homes, Inc., in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary-Morgan Kelleher, Customer Service Representative personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 2, 2009 to Hutch Homes, Inc., 414 South York Street, Mechanicsburg, PA 17055. 05/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $86.97 May 25, 2010 SO ANSWERS, 1 """' ~~~'---~" RON R ANDERSON, SHERIFF B Y S aron R. Lantz :~ -~ ~~ . ~'u . ~,~' 7ry 15 3 ~ y"~~~j ;d Cou:~?+y5uitr Sherai fei ~.^,friYt Irn: