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HomeMy WebLinkAbout12-4474 CIESCO, INC., t/d/b/a STEALTH INSULATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW SETH B. HUGHES and HUGHES No. 19,L) Y 7 y C??? ( c7 ^? '_` CONTRACTING, INC. Defendants r'?rn r PRAECIPE FOR THE ENTRY OF JUDGMENT .Co p„ C ti ti v c-) Z© C cam,.; TO THE PROTHONOTARY: .? ---? ' Please enter judgment in favor of Plaintiff, Ciesco, Inc., t/d/b/a Stealth Insulation, and against the Defendants, Seth B. Hughes and Hughes Contracting, Inc., in the above- captioned matter on the attached decision of Magisterial District Justice James A. Lenker. More than thirty (30) days have passed since the entry of judgment, and the Defendant has not appealed. Judgment should be in the principal amount of $6,890.00, plus interest and costs. DATED: July 17, 2012 Respectfully submitted, Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Attorney for Plaintiff Ciesco, Inc., t/d/b/a Stealth Insulation -431.006pA a4) ?q ?a 1 ?o?ca ?ib?U? ?r - COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF DAUPHIN - Case Mag. Dist. No: MDJ-12-1-01 MDJ Name: Honorable James A. Lenker Address: 2125 Paxton Church Road Harrisburg, PA 17110 Telephone: 717-545-4143 Ciesco,lnc. d/b/a Stealth Insulation 109 Millers Lane Harrisburg, PA 17110 Ciesco,lnc. d/b/a Stealth Insulation V. Seth B Hughes, Hughes Contracting,inc. Docket No: MJ-12101-CV-000025-2012 Case Filed: 4/19/2012 Disposition Summary Docket No Plaintiff Defendant Disposition Di isition MJ-12101-CV-0000295-2012 Ciesco,lnc. d/b/a Stealth Seth B Hughes Default Judgment for Plaintiff 05/2312012 Insulation MJ-1 2101 -CV-0000295-2012 Ciesco,lnc. d/b/a Stealth Hughes Contracting, inc. Default Judgment for Plaintiff 05/23/2012 Insulation Judgment Summary Participant Joint/Several Liability Individual Liability Amo it Ciesco,lnc. d/b/a Stealth Insulation $0.00 $0.00 $010 Hughes Contracting, inc. $6,890.00 $0.00 $6,890.00 Seth B Hughes $6,890.00 $0.00 $6,890.00 Judgment Detail ("Post Judgment) In the matter of Ciesco,lnc. d/b/a Stealth Insulation vs. Seth B Hughes; Hughes Contracting, inc. on 5/23/2012 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Costs $155.00 $0.00 $155.00 Civil Judgment $6,735.00 $0.00 $6,735.00 Grand Total: $6,890.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE Pt?T NO Y/ RK F C pT F COMMON, PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT?NSCRI 7 TVURG`E;a EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT 4 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. AESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A INQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FUL , SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge James A. Lenk. certify Mat this is a true an correct copy o Me record o the procee ings ontalmng the lu gmen •. Date isterial District Judge i? , f ••, ?; i V c1p D MDJS 315 Page 1 of 2 Printed: 0 :38:44PM --*Ciesco,lnc. d/b/a Stealth Insulation Docket No.: MJ-12101-CV-0000 295-2012 V. Seth B Hughes, Hughes Contracting, inc. Participant List . =PO r- -? Plaintiff(s) Z W Ciesco,lnc. d/b/a Stealth Insulation 2 = -3--1 C) F 109 Millers Lane E5 Harrisburg, PA 17110 -t t-0 Defendant(s) -< -3 Hughes Contracting, inc. 14 Cardiaal Qri+ye _ _ Carlisle, PA 17015 Seth B Hughes 14 Cardinal Dr Carlisle, PA 17013 MDJS 315 Page 2 of 2 Printed: 05/23/201 _ 1:38.44PM OFFICE OF PROTHONOTARY Stephen E. Farina Prothonotary 1 ?- qq?q (ri,vi1 Front & Market Streets Harrisburg, A 17101 (717) CERTIFICATION OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT DAUPHIN COUNTY. PENNSYLVANIA S+eal4)n lnsu,Q0 ion PLAINTIFF C-) r?3 c V. ? c_. x ? he N 4b 9 r r?- ,, e ?4 • J ? I v :a a? I d k C n c R Ile% eS (,Ln qg, DEFENDANT ........................................................................................................ .... As of the date certified below, the following action has been taken on the above- referenced appeal: There has been no appeal taken to the Court of Common Pleas () The following party has taken an appeal to the Court of Common Pleas: 7- C3 Date Step n E. Farina, Prothonotary By eputy Proth. - 75 : DISTRICT JUSTICE DOCKET NUMBER : m 7S- a 101- Ccv - ooo0a4s a0ia t-I rr r= ?~ca CIESCO, INC., t/d/b/a STEALTH INSULATION, Plaintiff V. SETH B. HUGHES and HUGHES CONTRACTING, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW No. NOTICE OF THE ENTRY OF JUDGMENT TO: SETH B. HUGHES 14 Cardinal Drive Carlisle, PA 17015 Pursuant to Pennsylvania Rule of Civil Procedure 236, you are hereby notified that a judgment has been entered against you in the principal amount of $6,890.00 plus interest and costs. DATED: July 19 2012 ?r).onota:ry CIESCO, INC., t/d/b/a STEALTH INSULATION, Plaintiff V. SETH B. HUGHES and HUGHES CONTRACTING, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW ?I :No. l a- PL4 7q C?(Jl j NOTICE OF THE ENTRY OF JUDGMENT TO: HUGHES CONTRACTING, INC. 14 Cardinal Drive Carlisle, PA 17015 Pursuant to Pennsylvania Rule of Civil Procedure 236, you are hereby notified that a judgment has been entered against you in the principal amount of $6,890.00 plus interest and costs. DATED: Julyll 2012 Prot onotary WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2012-4474 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CIESCO, INC. t/d/b/a STEALTH INSULATION Plaintiff (s) From SETH B. HUGHES AND HUGHES CONTRACTING, INC., 14 CARDINAL DRIVE, CARLISLE, PA 17015 (1)You are directed to levy upon the property of the defendant (s)and to sell LIS PENDENS AGAINST REAL PROPERTY OF THE DEFENDANTS. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 - ALL OF DEFENDANT'S ACCOUNTS, CERTIFICATES OF DEPOSIT, STOCKS, BONDS, INSURANCE AND SIMILAR ASSETS IN THE POSSESSION OF 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(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$6,890.00 Interest $80.00 Atty's Comm % Atty Paid $62.75 Plaintiff Paid Date: July 25, 2012 L.L. $.50 Due Prothy $2.25 Other Costs (goal) 114EQ4JESTINO PARTY: Name i& AS S. BECKLEY, ESQUIRE Address: BECKLEY & MADDEN 212 NORTH THIRD STREET P.O. BOX 11998 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-233-7691 IZZL David D. Buell, Prothonotary Deputy CIESCO, INC., t/d/b/a STEALTH INSULATION, Plaintiff V. SETH B. HUGHES and HUGHES CONTRACTING, INC. Defendants PNC BANK, N.A. Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a CIVIL ACTION -LAW ?- r.+ No. 12-4474 .c? cn -car a? w -a cn F PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Defendants, Seth B. Hughes and Hughes Contracting, Inc.; and (3) against PNC Bank., garnishee; and (4) index this writ (a) against Defendants, Seth B. Hughes and Hughes Contracting, Inc.; (b) against PNC Bank, N.A., garnishee, As a lis pendens against real property of the Defendants in the name of garnishee as follows: All of Defendant's accounts, certificates of deposit, stocks, bonds, insurance and similar assets in the possession of the Garnishee (5) Amount Due: Interest from 5/23/12 Costs to be added: 00 pa a ?. as qrj% S $6,890.00 $ 80.00 Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Attorney for Ciesco, Inc., t/d/b/a Stealth Insulation efa 2 1 81f SS (JIJr;? ? F?c .Tss?( -n SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Ciesco Inc.. t/d/b/a Stealth Insulation vs. Seth B Hughes (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2012-4474 07/26/2012 03:20 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 26, 2012 at 1520 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Seth B. Hughes and Hughes Contracting, Inc., in the hands, possession, or cortrol of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mackenzie Irwin, 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. The writ of execution and notice to defendant was mailed on July 27, 2012 to Seth Hughes at 14 Cardinal Drive, Carlisle, PA 17015 and to Hughes Contracting, Inc. at 14 Cardinal Drive, Carlisle, PA 17015. SO ANSWERS, ?7 July 27, 2012 RONN R ANDERSON, SHERIFF Ryan Burgett, Rep'!?ty C: -q m rr1w Z:,: ? SIRLIN LESSER & BENSON, P.C. > By: Jon C. Sirlin, Esquire Identification No.: 17498 > c~' 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee CIESCO, INC. T/DB/A STEALTH INSULATION COURT OF COMMON PLEAS vs. COUNTY OF CUMBERLAND SETH B. HUGHES AND HUGHES CONTRACTING, INC., and : NO. 2012-4474 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: a Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, the above-captioned matter. Date: 't -) .n F. t ; ~~f~ ~RQI'~i(1NOTAf~ SIRLIN LESSER 8c BENSON, P.C. I3y: Jon C. sirlin, Esquire ~~ ~ ~ AUG ~ 6 PM ! ~ ~ Identification No.: 17498 ~U~,~~~~.AN~ COUNTY 123 Soath Broad Street, Suite 210(1 P~~~~ Y~VA~~A Philsuielp6ia, PA 19109 (215 864-97af1 Attorney for Garnishee CIESCO, INC. T/DB/A STEALTH :COURT OF COMMON PLEAS INSULATION :COUNTY OF CUMBERLAND vs. SETH B. HUGHES AND HUGHES CONTRACTING, INC., and : N0.2012-4474 PNC BANK, NATIONAL ASSOCIATION, GARNISHEE . ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: CIESCO, INC. T/DB/A STEALTH INSULATION, Plaintiff 1. No. 2. Account titled Hughes Contracting Inc. has been restricted pursuant to this W!'rit. the terms and conditions of the deposit agreement between the bank and the depositor, the bank priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amourNt of $3 authorized and will be deducted from the attached funds. After allowing for the general monetary under 42 Pa.C.S. § 8123 and after the deductions set forth above garnishee admits to holding a $7,735.50. 3. - 6. No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at subsequent time did the defendant 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? (A) No. 8. (Q) If you are a bank or other financial institution, at the time you were served or at subsequent time did the defendant have funds on deposit in an account in which the funds an deposit, including any otherwise exempt funds, did not exceed the amount of the General monetary exemption under 42 Pa.C.S. § 8123? (A) No. Dated: ~ ' ~ ~-'~ ~ ~~ to a is i 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. s4904, relating to unsworn falsification to authorities. Re: Ciesco INC t/dib/a Stealth Insulation vs Seth B Hughes and Hughes Contracting INC ~ DOCKET NO: 2012-4474 / „ ~ / DATE: 08/09/12 Lit-23394b.1 OPS Analvst I -Garnishment Proces~in~ I CIESCO, INC., t/d/b/a STEALTH IN THE COURT OF COMMON PLEAS INSULATION, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION -LAW SETH B. HUGHES and HUGHES No. 12-4474 CONTRACTING, INC. Defendants = PNC BANK, N.A. : m ° Garnishee -<> PRAECIPE MARK JUDGMENT SATISFIED Cf' TO THE PROTHONOTARY: Please mark the judgment against Defendants, Seth B. Hughes and Hughes Contracting, Inc., and the judgment against the Garnishee, PNC Bank, N.A., as satisfied. DATED: October 10, 2012 Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Attorney for Ciesco, Inc., t/d/b/a Stealth Insulation CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAIL Jon Sirlin, Esquire Sirlin, Lesser & Benson, P.C. 123 S. Broad Street Suite 2100 Philadelphia, PA 19109 Seth B. Hughes Hughes Contracting, Inc. 14 Cardinal Drive Carlisle, PA 17015 DATED: October 10, 2012 Thomas S. Beckley, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~nny R Anderson :~-~ ~ ~ < , ' .iheriff ci~~~urrb rrlr ~~'l ~~ ~ ~ p ~~ i'~'t Jody S Smith ;~ ~~~ rr ~ ~ Z~ ~ ~ Chief Deputy ~ ~;, ~ ~, ~ T> - ~ ~ Richard W Stewart ° ~ ~' ~ 271. ~ -7- Solicitor ~~YC>~F ~~ .~ftY~r ~.:~ 3 .~ _ ~ ~ ~ ~ ^ ~,t ter.; . , . Ciesco Inc., t/d/b/a Stealth Insulation vs. Case Number Seth B Hughes (et al.) 2012-4474 SHERIFF'S RETURN OF SERVICE 07/26/2012 03:20 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 26, 2012 at 1520 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Seth B. Hughes and Hughes Contracting, Inc., in the hands, possession, or control of the within named garnishee, PD1C Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing t~ Mackenzie Irwin, 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. The writ of execution and notice to defendant was mailed on July 27,'2012 to Seth Hughes at 14 Cardinal Drive, Carlisle, PA 17015 and to Hughes Contracting, Inc. at 14 Cardinal Drive, Carlisle, PA 17015. 08/08/2012 08:20 PM -William Cline ,being duly sworn according to law, states that on August 8, 2012 2020 hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Seth B. Hughes and Hughes Contracting, Inc., informed Defendant of contents of same. No levy completed at this time; defendant indicated that there is money in the bank account to cover the full amount of the judgment. 08/08/2012 08:20 PM -William Cline ,being duly sworn according to law, states that on August 8, 2012 2020 hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the.Defendant, to wit: Seth B. Hughes and Hughes Contracting, Inc., informed Defendant of contents of same. No levy completed at this time; defendant indicated that there is money in the bank account to cover the full amount of the judgment. 11/20/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned SATISFIED. Plaintiffs attorney collected $ 6,890.00 (full judgment amount) from defendant's bank account. SHERIFF COST: $251.80 SO ANSWERS, •-- 4~ November 20, 2012 RON R ANDERSON, SHERIFF a. aSP~.~. • S~j LL pd, ~~ ~~'~~3 ic} ~eurnySuite Sheriff, Teleosoft, Iro. Y ° ~~+ " ~~