The URL can be used to link to this page

Home My WebLink About11-1581V Ji" iii;. f'rt?TtiOt?(JA€'t' 2011 FEB 10 PM 2: 48 CUMBERLAND COUNT' PENNSYLVANIA Cohen Seglias Pallas Greenhall & Furman, PC Steven M. Williams, PA I.D. # 62051 Williams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 Attorneys for Facilities Planners + Architects FACILITIES PLANNERS + ARCHITECTS: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. GATEWAY CONSTRUCTION, INC. Defendant To the Prothonotary: NO.: 11-1 Sy 1 UVi I PRAECIPE Please enter judgment in favor of Plaintiff, Facilities Planners + Architects, and against Defendant, Gateway Construction, Inc., on the attached Notice of Judgment/Transcript in the amount of $8,148.00, plus costs and interest. Respectfully submitted, Cohen Seglias Date: #1189470-v1 02109-0004 By: & Furman, PC Steven M. Williams, PA I.D. #62051 Williams@cohenseglias.com 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Facilities Planners + Architects 0MA a a1. as ?d a C44 49'? qq? ??i cx ??ed COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-1-03 MDJ Name: Honorable Richard S. Dougherty Address: 98 South Enola Drive, Suite 1 Enola, PA 17025 Telephone: 717-728-2805 Facilities Planners + Architects 4201 East Park Circle Harrisburg, PA 17111 Disposition Summary Docket No Plaintiff Defendant MJ-09103-CV-0000458-2010 Facilities Planners + Architects Gateway Construction, Inc. Judgment Summary Joint/Several Liability Individual Liability Participant Gateway Construction, Inc. $0.00 $8,148.00 $8,148.00 Judgment Detail ('Post Judgment) In the matter of Facilities Planners + Architects vs. Gateway Construction, Inc. on 12/14/2010 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $8,000.00 $8,000.00 Filing Fees $0.00 $148.00 $148.00 Grand Total: $8,148.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date isterial Dis ict J e Rich d S. Dougherty I certify that this is a true and correct copy of the record of the procee ngs c ht i u gFiien FEB - i 2olt Date `d(Aagis4rial Digit Judge Richard S. Dougherty Facilities Planners + Architects V. Gateway Construction, Inc. 5 e acialwt Sh. Swryw+lcrdale (?p J?CP)3 Docket No: MJ-09103-CV-0000458-2010 Case Filed: 10/29/2010 Disposition Disposition Date Default Judgment for Plaintiff 12/14/2010 Amount MDJS 315 Page 1 of 1 Printed: 02/01/2011 3:49:22PM r Docket No.: MJ-09103-CV-0000458-2010 Notice of Judgment/Transcript Civil Case File Copy Recipient List Addressed To: Facilities Planners + Architects (Plaintiff) 4201 East Park Circle Harrisburg, PA 17111 Gateway Construction, Inc. (Defendant) 5 Radam Street PO Box 247 Summerdale, PA 17093 MDJS 315 Page 1 of 1 Printed: 02/01/2011 3:49:22PM Cohen Seglias Pallas Greenhall & Furman, PC Steven M. Williams, PA I.D. # 62051 silliams@cohenseglias.com 240 N. Third Street, 76' Floor Harrisburg, PA 17101 Attorneys for Facilities Planners + Architects FACILITIES PLANNERS + ARCHITECTS V. Plaintiff GATEWAY CONSTRUCTION, INC Defendant To: Gateway Construction, Inc., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: I - CtVt ` ?4ErVA You are hereby notified that on. r-4elo . I () , 2011, the following (9Fder) (Deeme) (Judgment) has been entered against you in the above-captioned case. $8,148.00, plus costs and interest. DATE: --104( ImL?( ? - Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Gateway Construction, Inc. 5 Radam Street Summerdale, PA 17093 A: Gateway Construction, Inc., Defendido/a or Defendidos/as Por este medio se le esta notificando que el de del 2011, el/la siguiente (Amen (Deemte), (Pallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Gateway Construction, Inc. 5 Radam Street Summerdale, PA 17093 Abogado del Demandante c: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNS YLV)GIA ° , CIVIL DIVISION ca "?ryt _ PRAECIPE FOR WRIT OF EXECUTION W_ g rv Confessed Judgment Facilities Planners + Architects ? ?C3? cza r-? Plaintiff ? Other C-) -0 CI VS. File No. (- =C:> tv Gateway Construction, Inc. Amount Due $8,148.00 -4 Defendant Interest at legal rate (6%) Address: Atty's Comm 5 Radam Street, Summerdale, PA 17093 Costs tbd 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 described property of the defendant (s) Any and all personal property, assets, equipment, inventory, vehicles located at and all other property located at 5 Radam Street, Summerdale, PA 17093. In addition, please garnish any and all accounts at M&T Bank, 1 West High Street, Carlisle, PA 17013. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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) (3> t N. Sib and all other property of the defendant(s) in the possession, custody or control of t said garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis pende s against real estate of the d fendant(s) described in the attached exhibit. Date 2 I _ Signature: Print Name: Steven M. Williams, Esq. ?a Q*f a1. a 5 CSF a. S6 a 11173-Y OV ZXAe Co. Address: Attorney for: Telephone: 240 North Third Street, 7th Floor Harrisburg, PA 17101 Plaintiff 717-234-5530 Supreme Court ID No: 62051 W4 z>? Fk Tvaie,4 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N011-1581 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FACILITIES PLANNERS + ARCHITECTS Plaintiff (s) From GATEWAY CONSTRUCTION INC., 5 Radam Street, Summerdale, PA 17093 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY, ASSETS, EQUIPMENT, INVENTORY, VEHICLES LOCATED AT 5 RADAM STREET, SUMMERDALE, PA 17093 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M & T BANK, 1 WEST HIGH STREET, CARLISLE, PA 17013 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$8,148.00 L.L. $.50 Interest at legal rate (6%)4?pm la'1y-?La1C Atty's Comm % Due Prothy $2.00 Atty Paid $54.25 Other Costs Plaintiff Paid Date: FEBRUARY 28, 2011 G David D. Buell, Prothonotary (Seal) - a 'e ? P Deputy REQiJESTING PARTY: Name STEVEN M. WILLIAMS, ESQUIRE Address: 240 NORTH THIRD STREET, 7TH FLOOR HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-234-5530 Supreme Court ID No. 62051 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Facilities Planners & Architects vs. Gateway Construction, Inc. H MAR 1) F 11 ^ ?? ,t a ! 7P Case Number 2011-1581 SHERIFF'S RETURN OF SERVICE 03/04/2011 09:39 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 3, 2011 at 0939 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defe dant, to wit: Gateway Construction, in the hands, possession, or control of the within named garnishee, M T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Yvette Sh ghart, Teller, personally three copies of interrogatories together with three true and attested copies of the rit of execution and made the contents there of known to her. SO ANSWERS, March 07, 2011 RON R ANDERSON, SHERIFF Gerald Worthin on , Deputy ;C Cuun ySJJO She.....ff '!-e,e<soit. Im:. 0 HON0TikR Cohen Seglias Pallas Greenhall & Furman, PC Steven M. Williams, PA I.D. # 62051 swilliams@cohenseglias.com 240 N. Third Street, 7 h Floor Harrisburg, PA 17101 Attorneys for Facilities Planners + Architects 1311 tR 13 PM 3: 04 CUMBERLAND COUNTY PENNSYLVANIA FACILITIES PLANNERS + ARCHITECTS: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO.: '0 GATEWAY CONSTRUCTION, INC. Defendant INTERROGATORIES TO GARNISHEE TO: M&T Bank, 1 West High Street, Carlisle, PA 17013 PLEASE TAKE NOTICE: You are required pursuant to Rule 3144 of the Pennsylvania Rules of Civil Procedure to serve upon the undersigned, Steven M. Williams, Esquire, attorney of record for Facilities Planners + Architects within twenty (20) days after service of these Interrogatories, sworn answers or objections to the within Interrogatories. Failure to do so may result in judgment against you. Respectfully Cohen Segl' Pallas Gr Anhall & Furman, PC Date: Z 12q) I I By: Steven M. Williams, PA I.D. #62051 swilliams@cohenseglias.com 240 North Third Street, 7t' Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Facilities Planners + Architects INTERROGATORIES 1. At the time you were served with the Writ of Execution, or at any subsequent time, did Gateway Construction, Inc. (hereinafter referred to as "Defendant"), hold any savings account or checking account, money market fund, certificates of deposit, or other depository fund/account (herein, the "account") at M&T Bank (hereinafter referred to as "Garnishee")? 2. If the answer to Interrogatory No. 1 is in the affirmative, state the following with respect to said accounts: a. The type of account. C`q J ? T Bank, b. The balance in the account as of the date of service and the current balance, respectively. 4 , oo HOLD PLACED ALSO CURRENTLY BEING HELD FOR OTHER OUTSTANDING JUDGEMENT. Bel,ir c?is Provided May Unposted Tr.-.s or Legal Doci: - . r? Prc .rising Fees C. State in whose name said account is held and the manner in which the account is held'(e.g., jointly, solely, etc.). 3. To the best of your knowledge, does Garnishee act as administrator or trustee of any pension, profit sharing,' stock, bonus, KEOGH, IRA or other retirement plan in which Defendant is a participant or beneficiary? 4. If the answer to Interrogatory No. 3 above is in the affirmative, state the following: a. The type of retirement plan(s). ?\1 b. The percentage, if any, of Defendant's interest in said plan which is vested or nonforfeitable. ?\P c. The accrued benefit in the account of Defendant or, in the case of the defined benefit plan, the accrued benefit which is or will be payable to Defendant and the date or dates when same will be payable. ?\?r d. The present fair market value of any benefits under such plan to which Defendant would be entitled upon demand. Ml? 5. At the time you were served, or at any subsequent time, did Defendant rent a safety deposit box or storage vault from Garnishee? 6. If the answer to Interrogatory No. 5 above is in the affirmative, state the following with respect to such deposit box or vault: NO a. The branch at which said deposit box or vault is located. b. The identification number of said deposit box or vault. C. State in whose name said box or vault is held and the manner in which said box or vault is held (e.g., jointly, solely, etc.). ?O 7. Does Garnishee act as trustee or fiduciary for any trust or plan under which Defendant is a beneficiary? ?\P 8. If the answer to Interrogatory No. 7 above is in the affirmative, state the following with respect to such trust or plan: n\ ? a. Identify any such trust or plan (e.g., account number, title to trust, etc.). b. List the total current assets of said trust or plan: C. List any payments made into the said trust or plan within the past three (3) years and the date such payments were received by Garnishee or a representative of Garnishee. d. List all dates in the past three (3) years upon which Garnishee was authorized to disburse principal or income to beneficiaries, including Defendant, under said trust or plan. n\? e. State the most recent date upon which disbursements were made or were ready to be made to the beneficiaries, including Defendant, and the amount of said disbursements of said trust or plan. a f. State the amounts paid to Defendant in the past three (3) years from the principal of the trust or plan. g. State the amounts paid to Defendant in the past three (3) years from the income of the trust or plan. h. State the dates for the next four (4) years on which payments to the trust or plan are expected. 0 i. State the dates for the next four (4) years which Garnishee expects to make disbursements to beneficiaries and Defendant under said trust or plan. j. Notwithstanding the effect of the Writ of Execution in this matter, does Garnishee now hold any funds from said trust or plan which are to be paid or are ready for payment to Defendant? '?\ `r?s k. If funds are being held for payment to Defendant, in what account are the funds payable to Defendant under the trust agreement now being held? (0 9. If the answer to Interrogatory No. 80) is in the affirmative: a. State the source of funds to be paid to Defendant, including whether it is comprised of trust income or principal to be paid to Defendant. b. State the amount now being held for payment to Defendant. C. State the date upon which said payment was to be made to Defendant under the terms of the trust. vM1 d. State the earliest date upon which the payment could have been made to Defendant under the terms of the trust. 10. State the date upon which Garnishee was served with the Writ of Execution in this matter. 11. State the Defendant's current addresses as reflected in Garnishee's records. Po ?? aye 5 / P A nog 3 12. State whether Defendant has direct deposit of any funds, and if so, state: a. When the deposits are made to the accounts; v? b. The amounts of the deposits; C. The source of the deposits; and d. When the next deposit is expected. The foregoing Interrogatories shall constitute continuing Interrogatories, and you are required to supplement the answers to such Interrogatories with additional answers in the event of material changes in the facts or circumstances rendering your initial answer inaccurate or incomplete. Respectfully submitted, Cohen Seglias Date: 7 4 ?/ By: & Furman, PC Williams, PA I.D. #62051 ,conensegnas.com 240 North Third Street, 7a' Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Facilities Planners + Architects COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF AFFIDAVIT LORM MASKP? I? WANK (Vice) President of M&T Bank, a Pennsylvania banking corporation, being duly sworn according to law, do depose and say that the answers set forth in the foregoing Interrogatories are true and correct based upon the best of my knowledge, information and belief. M&T Bank Sworn to and subscribed to before me, a Notary Public, this day of 2011. By:itlt?.l LORRIE MASKA, MST BAW Notary Public My Commission Expires: (SEAL) "on ' SHERIFF'S OFFICE OF CUMBERLAND COVNTT 1Fy Ronny R Anderson " Sheriff j3 6 P0 Z l Jody S Smith L Chief Deputy I) ?} ' Richard W Stewart Solicitor Facilities Planners & Architects Case Number vs. Gateway Construction, Inc. 2011-1581 SHERIFF'S RETURN OF SERVICE 03/04/2011 09:39 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 3, 2011 at 0939 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Gateway Construction, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Yvette Shughart, Teller, 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 03/07/2011 12:06 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 7, 2011 at 1205 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Gateway Construction, by making known unto Perry Smith, President, at 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was not completed as we currently have an open levy against this defendant. That levy information was verified. Postcard and copy of levy mailed to attorney and letter mailed to defendant on March 9, 2011. 04/01/2011 02:05 PM - Sale bill posted on April 1, 2011 at 1400 hours by Deputy Black. Sale date set for Thursday, April 28, 2011 at 1500 hours. Copy of sale bill mailed to Attorney Williams. 04/21/2011 Received facsimile from Attorney Williams advising that Facilities Planners & Architects will not be attending the Sheriff's Sale scheduled for 04-28-11. 01/26/2012 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: $177.07 January 26, 2012 SO ANSWERS, RbNOY' R ANDERSON, SHERIFF Ec p /. ?? L-C I / 7,4 TIP WRIT OF EXECUTION and/or ATTACFMENT COMMONWEALTH OF PENNSYLVANIA) NOII-1581 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FACILITIES PLANNERS + ARCHITECTS Plaintiff (s) From GATEWAY CONSTRUCTION INC., 5 Radam Street, Sun merdale, PA 17093 (1) You are directed to levy upon the property of the defendant (s)and :o sell ANY AND ALL PERSONAL PROPERTY, ASSETS, EQUIPMENT, INVENTORY, VEHICLES LOCATED AT 5 RADAM STREET, SUMMERDALE, PA 17093 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M & T BANK, 1 WEST HIGH STREET, CARLISLE, PA 17013 and to notify the gamishee(s) that: (a) an attachment has been issued; (b; the garnishee(s) is enjoined from paying any debt to or for the account of _he 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/1 er that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$8,148.00 Interest at legal rate (6%) 40" 1' wq- a01 o Atty's Comm % Atty Paid S54.25 Plaintiff Paid Date: FEBRUARY 28, 2011 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs lw'CL Lza?L I -I David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name STEVEN M. WILLIAMS, ESQUIRE Address: 240 NORTH THIRD STREET, 7Tn FLOOR HARRISBURG, PA 17101 Attornev for: PLAINTIFF Telephone: 717-234-5530 Supreme Court ID No. 62051 , I- 0W, RFC??on '. , ., i here un+ snc U;e <eal of said Court at C, This "O$daypf=