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HomeMy WebLinkAbout14-3834 IN THE COURT OF COMMON PLEAS OF DOCKET# P/,' 3' / ctV t CUMBERLAND COUNTY, PENNSYLVANIA DATE ENTERED: CERTIFIED COPY OF LIEN �I {(�(EE VIONWEALTH OF PENNSYLVANIA i ;� TO THE PROTHONOTARY OF SAID COURT: t'C{ . PPI 2 �NT OF LABOR AND INDUSTRY RT�TO THE USE OF THE U'`) Et, ,� 7MPLOYMENT COMPENSATION FUND Pursuant to 43 P.S. 5 5 874(a) and 788.1, this is a CertifiedPEf0ds YLN1Ai T VS. Copy of Lien for overpaid unemployment compensation benefits and interest to be entered of record by you and ERNEST HICKS JR. indexed as judgments are indexed. 593 GENEVA DRIVE APT 7 MECHANICSBURG, PA 17055-5549 Social Security Number: XXX-XX-9147 Lancaster Service Center- 0996 - Claim Week Overpaid Amount Claim Week Ending Overpaid Amount Claim Week Overpaid Amount Claim Week Overpaid Amount Ending Date Date Ending Date Ending Date 12/22/07 $413.00 12/29/07 $413.00 01/05/08 $413.00 01/12/08 $413.00 01/19/08 $413.00 Additional interest will accrue on the balance due of the Total Overpaid Amount: $2,065.00 above overpaid unemployment compensation benefits Minus Amount Repaid: $0.00 after 05/31/14. For the total amount due on this lien, Principal Balance Due: $2,065.00 phone (717) 787-4621. Plus Interest: $1,145.52 Plus Dishonored Check Penalties: $0.00 Total Principal, Interest, and Penalties Due: $3,210.52 Plus Lien Filing Fee: $21.50 The undersigned Director, Office of Unemployment Compensation Benefits Policy (OUCBP), Department of Labor and Industry of the Commonwealth of Pennsylvania, certifies that the above person is obligated, pursuant to 43 P.S. 5 874(a)to repay the above overpaid unemployment compensation benefits received by him/her together with interest thereon, charged per month or fraction of a month, beginning fifteen (15) days after the Notice of Overpayment was issued and continuing until the overpaid benefits are repaid. The interest rate is determined by the Secretary of Revenue as provided by Section 806 of the Fiscal Code. In accordance with 43 P.S. S 5 874(a) and 788.1, the above overpaid unemployment compensation benefits and interest are a lien upon the franchises and property, both real and personal,including after-acquired property,of the above person and attach thereto from the date of entry of this Certified Copy of Lien. am� � a � °d O'k, F June 1, 2014 Director,Office of Unemployment Compensation Benefits Policy(OUCBP) fj f% 8S'I IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA DOCKET# DATE ENTERED COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR& INDUSTRY TO THE USE OF THE NOTICE TO CLAIMANT OF ENTRY OF LIEN UNEMPLOYMENT COMPENSATION FUND V& This is the Certified Copy of Lien which has been filed with the Prothonotary of the Court designated on: the reverse side of this notice. The Department of Labor & Industry of the Commonwealth of Pennsylvania, at the expiration of ten (10) days after the receipt of this notice, is authorized by law to execute upon this lien. This means that your property may be levied upon, attached and sold to the extent necessary to satisfy this lien. Execution will not occur if this lien is satisfied. Payment should be made by a Cashier's Check, Certified Check or Money Order made payable to the Pennsylvania Unemployment Compensation Fund. Your Social Security Number should be affixed to the lower left corner of the check or money order, which should be mailed to the address below. CERTIFIED COPY OF LIEN UNDER PENNSYLVANIA UNEMPLOYMENT Office of Unemployment Compensation Benefits Policy COMPENSATION LAW Claimant Services 651 Boas Street, Fifth Floor Harrisburg, Pennsylvania 17121-0750 717-787-4621 Any questions concerning this lien can be directed to the above address. Auxiliary aids and services are available upon request to individuals with disabilities. Equal Opportunity Employer/Program TO BE RETAINED BY RECORDING OFFICE Prothonotary BUR-831 REV 10-12 COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 14-3834 Civil ERNEST HICKS, JR. Defendant DEFENDANT'S PETITION TO STRIKE OR OPEN LIEN C') (r) 1 co r- - -‘, -71 V c-3 = = ---' ▪ n 7- Plaintiff caused the lien that is the subject of this action to be entered orrab ar 'out —4 June 30, 2014, although Defendant first received notice of the lien on or about August 14, 2014. 2. The lien, in the amount of $3232.02, purports to be for Pennsylvania Unemployment Compensation that Defendant allegedly received wrongfully between December 22, 2007 and January 19, 2008. 3. Defendant had never received notice from Plaintiff or any related agency that he may be subject to such liability until he received a copy of the lien that is the subject of this action, receiving said copy in August, 2014. 4. Prior to engaging the undersigned, Defendant tried to resolve the matter within the Unemployment Compensation system, pro se. 5. Although personnel within the Unemployment Compensation system told Defendant that he could appeal within that system and attempt to obtain a hearing before an Unemployment Compensation Referee, personnel also left Defendant with the strong impression (consistent with the undersigned's understanding of the applicable law), that it is likely that an Unemployment Compensation Referee would deny the appeal without a hearing in that such an appeal would be untimely, with the last benefit week at issue (according to the lien that is the subject of this action) being the week of January 19, 2008.. 6. Defendant believes and therefore avers that, although he did receive Unemployment Compensation during the time period articulated in the lien, he did not receive such compensation wrongfully or though any fault of his own. 7. More importantly, because of the lack of notice and the apparent resultant lack of opportunity to appeal any determination adverse to him within the Unemployment Compensation system, Defendant has been denied due process of law with respect to the payments or issues that are the subject of the lien in the captioned matter. 8. Binding precedent requires that an Unemployment Compensation Claimant, such as the Defendant, be accorded due process of law before a finding of wrongful, at -fault receipt of Unemployment Compensation benefits can be made against the Claimant. See, e.g., Burley v. Department of Public Welfare, 773 A.2d 230 (Pa. Commw. 2001). COUNT I - PETITION TO STRIKE LIEN 9. The facts set forth in paragraphs 1-8 are incorporated herein by reference. 10. The lien in the captioned matter is defective on its face in that, while there is articulation of calculation of the principal amount purportedly due from Defendant, there is no articulation of how interest or any additional amount purportedly due, has been calculated. 11. Defendant believe and therefore avers that the fact set forth in the previous paragraph, by itself, has the effect of denying him due process of law and therefore renders the lien defective on its face. 12. !nasmuch as the lien is defective on its face, the lien should be stricken. WHEREFORE, Defendant request this Honorable Court to issue a Rule to 2 show cause why the relief requested herein should not be granted and, ultimately, to enter an Order striking the lien in the captioned action; Defendant also requests this Court to provide any relief the Court deems appropriate. COUNT II - PETITION TO OPEN LIEN 13. The facts set forth in paragraphs 1-8 are incorporated herein by reference. 14. Defendant has at least one valid defense to the lien that is the subject of this action, namely, he did not receive Unemployment Compensation benefits wrongfully and was not at fault with respect to receipt of such benefits. 15. Because of the lack of notice described above, Defendant has never had an opportunity to defend himself against an allegation to the effect that he received Unemployment Compensation benefits wrongfully. 16. Because of the circumstances described throughout this Petition and particularly in this Count, Defendant believes and therefore avers that it would be appropriate and in the interests of justice to open the lien that is the subject of this action and give the Defendant an opportunity for an evidentiary hearing either before this Court or within the Unemployment Compensation system before an Unemployment Compensation Referee, should this Court determine that it has the authority to order relief within the Unemployment Compensation system. WHEREFORE, Defendant requests this Honorable Court to issue a Rule to show cause why the relief requested herein should not be granted and, ultimately, to enter an Order opening the lien in the captioned action; Defendant also requests this Court to provide any relief the Court deems appropriate. 4 hony T. McBe Esq. Attorney for Def nt 407 North Front , First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 VERIFICATION I,Ernest Hicks, Jr., Petitioner/Defendant in the foregoing action, verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. 1 so state subject to the penalties of 18 Pa. C. S. §4904 (relating to unsworn falsification to authorities). SEPTEMBER 5, 2014 Date rnest Hicks, J COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 14-3834 Civil ERNEST HICKS, JR. Defendant CERTIFICATE OF SERVICE I, Anthony T. McBeth, Esquire, attorney for Defendant(s), hereby certify that I have served the attached document on the following persons, via first class mail, postage prepaid, as addressed below: Office of Unemployment Compensation, Claimant Services 651 Boas Street, Fifth Floor Harrisburg, PA 17121-0750 ony T. McB: Esq. Attorney for Def - nd . nt 407 North Front ., irst Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 14-3834 Civil v. ERNEST HICKS, JR. Defendant ORDER AND NOW, this ° day of , 2014, upon consideration of Defendant's Petition to Strike or Open Lien, it is hereby ORDERED that a Rule is issued upon Plaintiff to show cause why the relief requested in said Petition should not be granted. Rule returnable within Po days of service thereof. All proceedings are stayed until Defendant's Petition to Strike or Open Lien is resolved. BY THE COURT: Distribution: Original: Prothonotary ony T. McBeth, Esquire 407 North Front Street, First Floor Harrisburg, PA 17101 of Unemployment Compensation, Claimant Services 651 Boas Street, Fifth Floor Harrisburg, PA 17121-0750 i'es frIxt 9 /in J. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA -� 1 ▪ rn • ___µh Plaintiff . �,--,,;-` •o 01 : CIVIL ACTION - LAW `C • V. . 1---�- _17.: •. C-) :^C'? . NO. 14-3834 Civil CO ERNEST HICKS, JR. c i Defendant . ANSWER TO DEFENDANT'S PETITION TO STRIKE OR OPEN LIEN Pursuant to Pa.R.C.P. No. 206.2, the Commonwealth of Pennsylvania, by its undersigned counsel, hereby files its answer to defendant's petition to strike or open lien and avers as follows: 1. It is admitted that on June 30, 2014, the Plaintiff filed a lien at the above - captioned docket number with the Office of the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania. It is admitted that Defendant received notice of entry of the lien on or about August 14, 2014. A copy of the lien is attached hereto as Exhibit "A." 2. Denied as stated. The lien was issued pursuant to sections 308.1 and 804 of the Pennsylvania Unemployment Compensation Law (UC Law), 43 P.S. §§ 788.1,and 874, because the Plaintiff determined that Defendant received Pennsylvania unemployment benefits to which he was not entitled by reason of his fault. A copy of the determination (Determination) that Defendant received 1 Pennsylvania unemployment benefits to which he was not entitled by reason of his fault is attached hereto as Exhibit "B." 3 Denied. The Plaintiff mailed the Determination to Defendant on February 8, 2008, and did not receive notice from the Postal Service that the Determination was undelivered or undeliverable. In addition, Defendant called the Plaintiff on February 12, 2008, to ask how he could appeal the Determination and was told he should write a letter to the Plaintiff which would forward it to the Unemployment Compensation Board of Review. Plaintiff's claim record for Defendant contains an annotation entered by an employee of the Plaintiff to this effect. A copy of the page of the claim record with this annotation is attached hereto as Exhibit "C." 4-5. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in these paragraphs which, therefore, are denied. 6. It is denied that Defendant did not receive unemployment benefits due to his own fault. As stated in the Determination, Defendant was not available for work during the weeks at issue making him ineligible for benefits yet he stated that he was available as required in order to get unemployment benefits. In addition, Plaintiff's claim record for Defendant contains annotations entered by an employee of the Plaintiff on February 7, 2008, stating that Defendant advised he had not been available to work beginning with the week ending December 22, 2007, to the present time, because he had to care for an ill parent, and would not 2 be available till sometime in March of 2008. A copy of the page of the claim record with these annotations is attached hereto as Exhibit "C." 7. Denied there was a lack of notice or opportunity to appeal the Determination for the reasons set forth above in paragraph 3. The remainder of the averments in this paragraph are conclusions of law to which no response is required. 8. The averments in this paragraph are conclusions of law to which no response is required. By way of further answer, Defendant received due process of law and the Determination is final and not subject to collateral attack except by appeal as provided in section 509 of the UC Law, 43 P.S. § 829. 9. The above answers to paragraphs 1-8 in Defendant's Petition to Strike or Open Lien are incorporated herein by reference as if set forth in their entirety. 10-12. These paragraphs set forth conclusions of law to which no response is required. By way of further answer, the lien is not defective on its face and does not deny the Defendant due process of law. The lien in relevant part states that the Defendant is obligated: ...to repay the above overpaid unemployment compensation benefits received by him/her together with interest thereon, charged per month or fraction of a month, beginning fifteen (15) days after the Notice of Overpayment was issued and continuing until the overpaid benefits are repaid. The interest rate is determined by the Secretary of Revenue as provided by Section 806 of the Fiscal Code. 3 The lien also states that"[a]dditional interest will accrue on the balance due of the above overpaid unemployment compensation benefits after 5/31/14. For the total amount due on this lien, phone (717) 787-4621." 13. The above answers to paragraphs 1-8 in Defendant's Petition to Strike or Open Lien are incorporated herein by reference as if set forth in their entirety. 14. This paragraph sets forth conclusions of law to which no response is required. By way of further answer, the averments in paragraphs 2 and 6 above are incorporated herein by reference as if set forth in their entirety. 15. This paragraph sets forth conclusions of law to which no response is required. By way of further answer, the averments in paragraph 3 above are incorporated herein by reference as if set forth in their entirety. 16. This paragraph sets forth conclusions of law as to which no response is required. By way of further answer, the above answers to paragraphs 1-15 in Defendant's Petition to Strike or Open Lien are incorporated herein by reference as if set forth in their entirety. In addition, Defendant cannot collaterally attack the Determination pursuant to section 509 of the UC Law, 43 P.S. § 829 except by appeal to the Unemployment Compensation Board of Review. In addition, Defendant cites no case or statute to support his contention that the lien should be stricken based on an alleged failure to indicate how interest should be calculated as averred in the Petition in paragraphs 10-12, and it is denied that even if there were such a failure that the lien should be stricken. By way of further answer, as 4 stated above in the answer to paragraphs 10-12, the lien contains the information the Defendant alleges it lacks regarding the calculation of interest. WHEREFORE, for the reasons set forth above, the Plaintiff respectfully requests that this Honorable Court deny Defendant's Petition to Strike or Open Lien because Defendant cannot collaterally attack the Determination except by appeal, and because the lien is not defective on its face and does not deny the Defendant due process. DATE: September 25, 2014 Respectfully submitted, Arthur Selikoff Assistant Counsel PA ID No. 43524 Office of Chief Counsel Labor and Industry Building, 10th Floor 651 Boas Street Harrisburg, PA 17121 Phone: 717.787.4186 Fax: 717.787.1303 aselikoff@state.pa.us 5 VERIFICATION I, the undersigned, hereby state that I make this statement subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. I am employed by the Commonwealth of Pennsylvania, Department of Labor and Industry, Office of Unemployment Compensation Benefits Policy with the job title of Unemployment Compensation Executive I, and am authorized to make this verification on behalf of my employer. The facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief Lori S. Pitulski DATE: September 25, 2014 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFIED COPY OF LIEN DOCKET # I I' a 4 DATE ENTERED: JF rJiE ppO THO iCi n COMMONWEALTH OF PENNSYLVANIA NoraJ'� 2°14 JUN 30 P DEPARTMENT OF LABOR AND INDUSTRY TO THE PROTHONOTARY OF SAID COURT: �,-.I 2. TO THE USE OF THE C(JMBER�ANQ r CQUNpI YUNEMPLOYMENT COMPENSATION FUND Pursuant to 43 P.S. S S 874(a) and 788.1, this is a atiiiiiitYLVANIA vs. Copy of Lien for overpaid unemployment compensation benefits and interest to be entered of record by you and indexed as judgments are indexed. Social Security Number: XXX -XX -9147 Lancaster Service Center - 0996 Claim Week Ending Date Overpaid Amount 12/22/07 $413.00 12/29/07 $413.00 01/05/08 $413.00 01/12/08 $413.00 01/19/08 $413.00 Claim Week Ending Date Overpaid Amount Additional interest will accrue on the balance due of the above overpaid unemployment compensation benefits after 05/31/14. For the total amount due on this lien, phone (717) 787-4621. ERNEST HICKS JR. 593 GENEVA DRIVE APT 7 MECHANICSBURG, PA 17055-5W49 Claim Week Ending Date Overpaid Amount Claim Week Ending Date Overpaid Amount Total Overpaid Amount: Minus Amount Repaid: Principal Balance Due: Plus Interest: Plus Dishonored Check Penalties: Total Principal, Interest, and Penalties Due: Plus Lien Filing Fee: $2,065.00 $0.00 $2,065.00 $1,145.52 $0.00 $3,210.52 $21.50 The undersigned Director, Office of Unemployment Compensation Benefits Policy (OUCBP), Department of Labor and Industry of the Commonwealth of Pennsylvania, certifies that the above person is obligated, pursuant to 43 P.S. 5 874(a) to repay the above overpaid unemployment compensation benefits received by him/her together with interest thereon, charged per month or fraction of a month, beginning fifteen (15) days after the Notice of Overpayment was issued anJ continuing until the overpaid benefits are repaid. The interest rate is determined by the Secretary of Revenue as provided by Section 806 of the Fiscal Code. In accordance with 43 P.S. 5 5 874(a) and 788.1, the above overpaid unemployment compensation benefits and interest are a lien upon the franchises and property, both real and personal, including after-acquired property, of the above person and attach thereto from the date'of entry of this Certified Copy of Lien. 11,44 iffx-elost . Director, Office of Unemployment Compensation Benefits Policy (OUCBP) EXHIBIT "A" June 1, 2014 NOTICE OF DETERMINATION OVERPAYMENT OF. BENEFIT (FAULT OR NONFAULT) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY UNEMPLOYMENT COMPENSATION BENEFIT PROGRAM The final day to timely appeal this determination is: FEB 25, 2008 9147 RIGHT OF APPEAL If you disagree with this determination, you appeal If you want to file an appeal, you must do C. so on or before the date shown above. See enclosed APPEAL INSTRUCTIONS, Form UC -47. r L ERNEST HICKS JR (CLAIMANT) 593 GENEVA DR APT 7 MECHANICSBURG, PA. 17055-5449 METHOD=08 CAUSE=4 FINDINGS OF FACT: You received a total of $2065 in unemployment compensation ("UC") benefits to which you were not entitled. The week ending date(s) for the•week(s) you were overpaid and the amount you were overpaid is shown below. CLAIM WK EARNINGS AMT/OVP CLAIM WK EARNINGS AMT/OVP ENDING REPORTED CORRECT REG DEP ENDING REPORTED CORRECT REG DEP 07/12/22 NONE NONE 413 07/12/29 NONE NONE 413 08/01/05 NONE NONE 413 08/01/12 NONE NONE 413 08/01/19 NONE NONE 413 This is a FAULT overpayment because: YOU WERE NOT AVAILABLE TO WORK FOR THE WEEKS YOU HAD CLAIMED AND WERE NOT ENTITLED TO RECEIVE BENEFITS. DETERMINATION: A SECTION 804(a) FAULT OVERPAYMENT is established You must repay this overpayment. It may be recovered in accordance with Section 804(a) of the Pennsylvania UC Law ("Law") and involve administrative and/or criminal penalties. Interest begins to accrue fifteen days after the date of this Determination. OFFICE REPRESENTATIVE: S BL (SBL) CLAIMANT'SDATETYPE DATE OFFICE APPLICATION CLAIM MAILED NUMBER FAX NUMBER: (717)299-7557 LANCASTER UC SERVICE CENTER 9147 07-08-05 OF 08-02-08 0996 60 W. WALNUT STREET EXHIBIT "B" . LANCASTER PA 17603-3015 178529147 ERNEST HICKS JR 593 GENEVA DR APT 7*MECHANICSBURG *** CLAIM RECORD *** AB BYE CWE 070805 080802 080202 14/09/24 14:33:15 REOP CWI CRWK BIRTH PHONE L 071223 Y 717_ 0 PA 17055-5449 CC SDC PGM F WBA PBC COMB MBA BAL OVPBAL TC OS DEP SP T R/E AGTLO SIC 42041 0000 REG 1 413 166 579 10738 03304 0328792 UF 0 N B RE EDR EC EI EA ERP ET mip9147 *** GENERAL ANNOTATIONS *** 140822*MPH 140821*MPH 140821*MPH 140818*MCE 140811*STU 140605*STU 140403*TFR 090318*RKA 090121 081120 080718 080215 LMA 080212 ERO 080212 ERO 080211 080211 080211 080211 080207 080207 080207 080207 080207 080207 080207 080207 080207 SAR DWI DWI SAR SBL SBL SBL SBL SBL SBL SBL SBL SBL 080207 CAC PEN LO STOPS C/O STOPS ALERT MCI MCS ISSUED SPDED FI4 INF SCR C/B TO CLT PER VM...LEFT DETAILED MSG RE: APL...ADVSD CAN APL OVP DEC BUT WILL BE LATE APL ADVSD WILL RCV DATE OF HEARING FROM REF IF APL REQUEST IS GRANTED CLT CALLING TO SEE IF APL HEARING HAS BEEN SCHEDULED...ADVSD APL NOT POSTED AS RCVD UC 46-B SENT TO CLMT TO FILE LATE APPEAL AS PER REQUEST LIEN FILED 06/30/2014; LIEN FEE $21.50 LIEN IN PROCESS CLM REACTIVATED DUPL UC -1099 REQUESTED ORIG UC -1099 SENT - AMT $1652.00- FWT $.00 CO STOP ACTION D172 REMOVED EUC-2 UCP -26 MAILED TO CLAIMANT DURING 7/7/08-7/14/08 REC UC 767 FROM TEMPSTAR, TO CORR FEB 2008 TO REFEREE TO START APPEAL PROCESS CLMNT CALLD TO ASK HOW HE CAN APPEAL EXPLND HE SHOULD WRITE A LETTER & SEND IT TO US SO WE CAN FOWARD HE WILL RECV IN MAIL TRANSFERRED CLMT TO SUP PER CLMT REQUEST ADVISED CLMT WEEKS BEING HELD PENDING DETERMINATION CLMT HAD ?'S ABOUT BEING PD FOR CWE'S 1/26 & 2/2/08, EXPLD DEPENDS ON OUTCOME OF DET WHICH CWE 08/02/02; 08/01/26 CNCLD INF=CLT WILL NEED TO PROVIDE INFORMATION ON AVAILABILITY UC44(12)F/OVP $2065 CWE 12/22/07-1/19/08 STATES WILL NOT BE A&A UNTIL PROBABLY SOMETIME IN MARCH ELIG EASE ON VQ W/TEMP STAR BEGIN CWE 12/22/07 LOSTOP INF ADDED LOSTOP FI4 ADDED ALERT RTA REMOVED INELIG EASE ON A&A BEGIN CWE 12/22/07 TO PRESENT; CLT IS NOT AVAIL TO WORK HAS TO CARE FOR ILL PARENT ADVSD CLMT THEY WERE RLSD TODAY EXHIBIT "C" 14/09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : Plaintiff v. ERNEST HICKS, JR. Defendant : CIVIL ACTION - LAW : NO. 14-3834 Civil • • CERTIFICATE OF SERVICE I hereby certify that on this date a copy of the foregoing document was served upon the person and by the means stated below. Service by First -Class Mail, Addressed as Follows: Anthony T. McBeth, Esquire 407 North Front Street, First Floor Harrisburg, PA 17121-0750 Date: September 25, 2014 ectfully submitted, S Arthur Selikoff Assistant Counsel, I.D. # 43524 Commonwealth of Pennsylvania Department of Labor and Industry Labor and Industry Building 651 Boas Street, 10th Floor Harrisburg, PA 17121 Telephone: (717) 787-4186 Fax: (717) 787-1303 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : Plaintiff : CIVIL ACTION - LAW v. : NO. 14-3834 Civil ERNEST HICKS, JR. Defendant ORDER AND NOW, this day of , 2014, upon consideration of the Defendant's Petition to Strike or Open Lien filed in the above -captioned matter and the Answer thereto, it is hereby ordered that the Petition is denied because Defendant cannot collaterally attack the determination issued by the Department of Labor and Industry except by appeal to the Unemployment Compensation Board of Review, and because the lien is not defective on its face and does not deny the Defendant due process.