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HomeMy WebLinkAbout15-0277 \ s V WILENTZ,GOLDMAN & SPITZER P.A. Daniel S.Bernheim; 3d(Attorney ID No. 32736) Matthew R. Skolnik(Attorney ID No. 89423) Attorneys for Plaintiff Two Penn Center, Suite 910 Iron Hill Construction Management Co. Philadelphia,PA 19102 Phone: 215-636-4435 Fax: 215-636-3999 IRON HILL CONSTRUCTION MANAGEMENT CO. COURT OF COMMON PLEAS 22 South Commerce Way, Suite 7 CUMBERLAND COUNTY Bethlehem, PA 18017 �6�� �U00- l w l Plaintiff, CASE NO. V. (Pending in Philadelphia County, ARCON GROUP,INC. August Term,2014, Case No. 02256) 195 Airport Road Selinsgrove, PA 17870 and MERRILL(a/k/a BUD)D. MILLER, JR. 23 Kellocks Run Road Hummelstown,PA 17036 Defendants. PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY: = f Pursuant to Pennsylvania Rule of Civil Procedure 3002, kindly enter judgment in theamount of $7,877,113.00, plus interest in the amount of$1,280 per diem, in favor of the plaintiff,Iron Hill Construction Management Co., and against defendant Arcon Group,Inc., in accordance with the attached certified copy of all docket entries in the action pending before the Pennsylvania Court of Common Pleas for Philadelphia County,August Term, 2014, Case No. 02256, and index said judgment against defendant Arcon Group,Inc. A certified copy of all docket entries is attached hereto t Date: January 12, 2015 WILENTZ, GOLDMAN & SPITZER P.A. BY: / V— Daniel S. Bernheim, 3d,Esquire Matthew R. Skolnik,Esquire Attorneys for Plaintiff lJ` #7845029.1 Y WILENTZ,GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d(Attorney ID No. 32736) Matthew R. Skolnik(Attorney ID No. 89423) Two Penn Center, Suite 910 Attorneys for Plaintiff Philadelphia,PA 19102 Iron Hill Construction Management Co. Phone: 215-636-4435 Fax: 215-636-3999 IRON HILL CONSTRUCTION MANAGEMENT CO. COURT OF COMMON PLEAS 22 South Commerce Way, Suite 7 CUMBERLAND COUNTY Bethlehem, PA 18017 66.1-77 G1,,l Plaintiff, CASE NO. o p 1 V. (Pending in Philadelphia County, ARCON GROUP, INC. August Term, 2014, Case No. 02256) 195 Airport Road Selinsgrove,PA 17870 : and MERRILL(a/k/a BUD)D. MILLER, JR. 23 Kellocks Run Road Hummelstown,PA 17036 : Defendants. CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: The address of Plaintiff Iron Hill Construction Management Co.,judgment creditor, is 22 South Commerce Way, Suite 7, Bethlehem, PA 18017. The last known address of Defendant Arcon Group, Inc.,judgment debtor, is 195 Airport Road, Selinsgrove, PA 17870. Date: January 12, 2015 WILENTZ, GOLDMAN & SPITZER P.A. BY: /2_�_/� Daniel S.Bernheim, 3d,Esquire Matthew R. Skolnik,Esquire Attorneys for Plaintiff #7845029.1 EXHIBIT "A" n PAGE 1 REPORT : ZDRDOCT First Judicial District RUN DATE 01/09/15 L USER ID: CYS CIVIL DOCKET REPORT RUN TIME 10:55 AM CASE ID 140802256 --------------------- ---------------------------------------------------------- CASE NUMBER CASE CAPTION 140802256 IRON HILL CONSTRUCTION MANAGEMENT CO. VS ARCON GRO FILING DATE COURT LOCATION JURY 19-AUG-2014 JC CH J CASE TYPE: CONSTRUCTION CONTRACT STATUS: DAMAGES ASSESSED Seg # Assoc Expn Date Type ID Party Name / Address & Phone No. 1 APLF A89423 SKOLNIK, MATTHEW R WILENTZ GOLDMAN & SPITZER, P.A TWO PENN CENTER SUITE 910 PHILADELPHIA PA 19102 (2 15) 63 6-443 5 (215) 636-3999 - FAX 2 1 PLF @7893009 IRON HILL CONSTRUCTION MANAGEMENT 22 SOUTH COMMERCE WAY SUITE 7 BETHLEHEM PA 18017 3 DFT @7893010 ARCON GROUP, INC. 195 AIRPORT ROAD SELINSGROVE PA 17870 4 DFT @7893011 MILLER JR. , MERRILL D 195 AIRPORT ROAD SELINSGROVE PA 17870 AKA- MILLER, BUD D 5 TL J444 RAU, LISA M ROOM 593 CITY HALL PHILADELPHIA PA 19107 (215) 686-3768 6 1 APLF A32736 BERNHEIM III 3D, DANIEL S WILENTZ GOLDMAN & SPITZER PA TWO PENN CENTER PLAZA SUITE 910 PHILADELPHIA PA 19102 (215) 636-4468 (215) 636-3999 - FAX Filing Date / Time Docket Entry Date Entered PAGE 2 REPORT ZDRDOCT First Judicial District RUN DATE 01/09/15 x USER ID: CYS CIVIL DOCKET REPORT RUN TIME 10:55 AM CASE ID 140802256 Filing Date / Time Docket Entry Date Entered 19-AUG-14 11:38 :35 ACTIVE CASE 19-AUG-14 E-Filing Number: 1408034368 19-AUG-14 11:38 :35 COMMENCEMENT CIVIL ACTION JURY 19-AUG-14 SKOLNIK, MATTHEW R 19-AUG-14 11:38 :35 COMPLAINT FILED NOTICE GIVEN 19-AUG-14 SKOLNIK, MATTHEW R COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018 . 1 FILED. 19-AUG-14 11:38:35 SHERIFF'S SURCHARGE 2 DEFTS 19-AUG-14 SKOLNIK, MATTHEW R 19-AUG-14 11:38:35 JURY TRIAL PERFECTED 19-AUG-14 SKOLNIK, MATTHEW R 12 JURORS REQUESTED. 19-AUG-14 11:38 :35 WAITING TO LIST CASE MGMT CONF 19-AUG-14 SKOLNIK, MATTHEW R 03-SEP-14 12: 19:51 SHERIFF'S SERVICE 03-SEP-14 SKOLNIK, MATTHEW R DEPUTIZED SERVICE OF PLAINTIFF'S COMPLAINT UPON MERRILL D MILLER AND ARCON GROUP, INC. BY SHERIFF OF SNYDER COUNTY ON 08/29/2014 . (FILED ON BEHALF OF IRON HILL CONSTRUCTION MANAGEMENT CO. ) 24-SEP-14 09:41:34 ENTRY OF APPEARANCE FILED 24-SEP-14 BERNHEIM III 3D, DANIEL S ENTRY OF APPEARANCE OF DANIEL S BERNHEIM III FILED. (FILED ON BEHALF OF IRON HILL CONSTRUCTION MANAGEMENT CO. ) 07-OCT-14 15:28 :36 JUDGMENT ENTERED BY DEFAULT 09-OCT-14 SKOLNIK, MATTHEW R PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT FILED. JUDGMENT IN FAVOR OF IRON HILL CONSTRUCTION MANAGEMENT CO. AND AGAINST ARCON GROUP, INC. FOR FAILURE TO FILE ANSWER WITHIN REQUIRED TIME. PRO-PROTHONOTARY. NOTICE UNDER RULE 236 GIVEN. NOTICE UNDER 237.1 GIVEN. AFFIDAVIT OF NON-MILITARY SERVICE FILED . 07-OCT-14 15:33 :58 JUDGMENT BY DEFAULT/FINAL DISP 09-OCT-14 SKOLNIK, MATTHEW R PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT FILED. JUDGMENT IN FAVOR OF IRON HILL CONSTRUCTION MANAGEMENT CO. AND AGAINST MERRILL D MILLER IN THE AMOUNT OF $629,386.62 FOR FAILURE TO FILE ANSWER WITHIN REQUIRED TIME. PRO-PROTHONOTARY. NOTICE UNDER RULE 236 GIVEN. NOTICE UNDER 237. 1 GIVEN. AFFIDAVIT OF NON-MILITARY SERVICE FILED . A PAGE 3 REPORT ZDRDOCT First Judicial District RUN DATE 01/09/15 y USER ID: CYS CIVIL DOCKET REPORT RUN TIME 10:55 AM CASE fD 140802256 Filing Date / Time Docket Entry Date Entered 30-OCT-14 09:26:47 WAITING TO LIST ASSESSMENT 30-OCT-14 13-NOV-14 11:08 : 11 ORDER ENTERED/236 NOTICE GIVEN 13-NOV-14 RAU, LISA M AND NOW, THIS 12TH DAY OF NOVEMBER, 2014, THIS COURT ORDERS THAT THE ABOVE-CAPTIONED CASE THAT RESULTED IN DEFAULT JUDGMENT IN FAVOR OF PLAINTIFF, IRON HILL CONSTRUCTION MANAGEMENT COMPANY AND AGAINST DEFENDANT, ARCON GROUP, INC. AND MERRILL D. MILLER IS HEREBY SCHEDULED FOR A HEARING FOR AN ASSESSMENT OF DAMAGES TO BE AWARDED TO PLAINTIFF IRON HILL CONSTRUCTION MANAGEMENT COMPANY. THE ASSESSMENT OF DAMAGES HEARING IS SCHEDULED FOR DECEMBER 17, 2014, AT 10: 00 A.M. IN COURTROOM 646, CITY HALL, PHILADELPHIA, PA. ALL COUNSEL, PARTIES, AND WITNESSES MUST ATTEND AND BE PREPARED FOR THE HEARING. PLEASE HAVE A TOTAL OF THREE (3) COPIES OF EACH DOCUMENT OR EXHIBIT THAT YOU PLAN TO ENTER AS EVIDENCE IN SUPPORT OF YOUR CASE. PLAINATIFF'S COUNSEL, MATTHEW R. SKOLNIK, ESQ. , IS DIRECTED TO SERVE A NOTICE OF THIS ASSESSMENT OF DAMAGES SCHEDULING ORDER UPON DEFENDANTS, ARGON GROUP, INC. AND MERRILL D. MILLER BY FIRST CLASS AND CERTIFIED MAIL, NO LATER THAN FIVE (5) DAYS FROM THE DATE OF THIS ORDER AND SHALL FILE OR BRING AN AFFIDAVIT OF SERVICE TO THE HEARING ON DECEMBER 17, 2014 . A REQUEST TO CHANGE THE HEARING DATE IS RARELY GRANTED BUT IF YOU HAVE AN ABSOLUTE NEED TO HAVE THE HEARING CONTINUED TO A LATER DATE, PLEASE CONTACT JUDGE LISA RAU'S JUDICIAL SECRETARY IMMEDIATELY AT 215-686-3768 TO ASK ABOUT THE PROPER PROCEDURE FOR REQUESTING A CONTINUANCE. PLEASE BE AWARE THAT EVEN IF YOU FAIL TO APPEAR FOR THE HEARING, THE HEARING WILL PROCEED IN YOUR ABSENCE. BY THE COURT: HON. LISA M. RAU, 11-12-2014 . 13-NOV-14 11:08 : 12 NOTICE GIVEN UNDER RULE 236 18-NOV-14 NOTICE GIVEN ON 18-NOV-2014 OF ORDER ENTERED/236 NOTICE GIVEN ENTERED ON 13-NOV-2014 . 13-NOV-14 11: 17:37 LISTED/ASSESSMNT DAMAGES HRNG 13-NOV-14 18-NOV-14 13 :24 :28 AFFIDAVIT OF SERVICE FILED 18-NOV-14 SKOLNIK, MATTHEW R AFFIDAVIT OF SERVICE OF COURT'S NOVEMBER 12, 2014 SCHEDULING ORDER UPON MERRILL D MILLER AND ARCON GROUP, INC. BY CERTIFIED MAIL,FIRST CLASS REGULAR MAIL ON 11/18/2014 FILED. (FILED ON BEHALF OF IRON HILL CONSTRUCTION MANAGEMENT CO. ) 18-DEC-14 13:51:59 DAMAGES ASSESSED 7,788,463.00 18-DEC-14 COLINS, MARY D ASSESSMENT OF DAMAGES FOR PLAINTIFF IN AMOUNT OF PAGE 4 REPORT ZDRDOCT First Judicial District RUN DATE 01/09/15 USER ID: CYS CIVIL DOCKET REPORT RUN TIME 10:55 AM CASE ID 140802256 Filing Date / Time Docket Entry Date Entered $7,788,463 . PLUS POST JUDGMENT INTEREST OF $1,280 PER DIEM. AGAINST DEFENDANT, ARCON GROUP, INC. BY THE COURT: HON. LISA M. RAU, 12-17-2014 . 18-DEC-14 13 :52 : 00 NOTICE GIVEN UNDER RULE 236 19-DEC-14 NOTICE GIVEN ON 19-DEC-2014 OF DAMAGES ASSESSED ENTERED ON 18-DEC-2014 . 18-DEC-14 13 :54 :58 ORDER ENTERED/236 NOTICE GIVEN 18-DEC-14 COLINS, MARY D WHEREAS, ON OCTOBER 9, 2014, A JUDGMENT BY DEFAULT WAS ENTERED BY THE PROTHONOTARY AGAINST DEFENDANT, ARCON GROUP, ("ARCON") ; WHEREAS, A HEARING FOR AN ASSESSMENT OF DAMAGES AGAINST ACRON WAS HELD BEFORE THIS CORT ON THIS 17TH DAY OF DECEMBER, 2014, PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1037 (b) (1) ; WHEREAS, AT THE ABOVE-IDENTIFIED HEARING PLAINTIFF, IRON HILL CONSTRUCTION MANAGEMENT COMPANY PRESENTED EVIDENCE OF ACTUAL DAMAGES SUSAINED AS A RESULT OF ARGON'S BREACHES OF CONTRACT IN THE AMOUNT OF $7,788,463 . 00; AND NOW, THIS 17TH DAY OF DECEMBER, 2014, IN LIGHT OF THE FOREGOING AND THE EVIDENTIARY RECORD MADE AT THE ABOVE-IDENTIFIED HEARING, DAMAGES SHALL BE AND HEREBY ARE ASSESSED IN FAVOR OF THE PLAINTIFF AND AGAINST DEFENDANT, ARCON GROUP, INC. IN THE AMOUNT OF $7,788 .463 . 00, PLUS INTEREST AT THE STATUTORY RATE OF SIX (6) PERCENT FROM OCTOBER 9, 2014 THROUGH THIS DATE IN THE AMOUNT OF $88, 650, FOR A TOTAL OF $7,877, 113, PLUS CONTAINING POST-JUDGMENT INTEREST IN THE AMOUNT OF $1,280 PER DIEM. BY THE COURT: HON. MARY D. COLINS, 12-17-2014 . 18-DEC-14 13 :54 :59 NOTICE GIVEN UNDER RULE 236 19-DEC-14 NOTICE GIVEN ON 19-DEC-2014 OF ORDER ENTERED/236 NOTICE GIVEN ENTERED ON 18-DEC-2014 . * * * End of Docket 4 � ;rJAN:•- 912014 -CERTIFIED FROM TH9:9E60RDOF r`4 t--:ERIC'FEDER- DIRECTOR,©FFICE aF JUD(CIALRECORDS"`:� PHI171DWHIA.COIJOY` y R 07 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Iron Hill Construction Management Co. fte vs. ❑ Confessed Judgment Plaintiff ❑✓ Other Judgment of 12/18/2014// l File No. 4.615— ooar17 .:AvilT.-nm Amount Due $7,877,133.00 Defendant Interest $1,280.00 per diem, from 12/18/14 to Atty's Comm Costs c 3� Arcon Group, Inc., and Merrill (a/k/a Bud) D. Miller, Jr. Address: Members 1st Federal Credit Union (Garnishee) 5000 Louise Drive Mechanicsburg, PA 17055 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail instalraient sale contract, or account based on a confession of judgment, but if it does, it is based on the appropriate origi proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act ed. -197474 amended. a_ 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) present 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 and all accounts including, but not limited to, Account No. 7772709585 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 lis pendens against real estate of the defendant(s) described in the attached exhibit. Date j/13/ 2-O 15 Signature: act .00 PIN f rrf 53.50 aBF - ��l•50 Po Pail a. as Co 50 i.L 0,44(4)4 �3157'a +0,-p 54d Print Name: Address: Attorney for: Telephone: Matthew R. Skolnik Two Penn Ctr., Ste 910 Philadelphia, PA 19102 Plaintiff 215-636-4435 Supreme Court ID No: 89423 CD THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net IRON HILL CONSTRUCTION MANAGEMENT CO. Vs. NO 2015-00277 Civil Term CIVIL ACTION — LAW ARCON GROUP, INC. 195 Airport Rd Selingsgrove, PA 17870 MERRILL (a/k/a Bud) D. MILLER, JR. 23 Kellocks Rund Road Hummelstown, PA 17036 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against ARCON GROUP, INC. and MERRILL (a/k/a Bud) D. MILLER, JR., Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of MEMBERS 1ST FCU, 5000 Louise Drive, Mechanicsburg, PA 17055 GARNISHEE(S), as garnishee, Any and all accounts including, but not limited to, Account No. 7772709585, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. 1 (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $7,877,133.00 Interest from 12/18/14 per diem -- $1,280.00 4.0 pax rsof Attorney's Comm. % Attorney Paid $62.50 Date: 1/15/15 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary REQUESTING PARTY: Name : MATTHEW R. SKOLNIK, ESQUIRE Address: WILENTZ GOLDMAN & SPITZER PA TWO PENN CENTER, SUITE 910 PHILADELPHIA, PA 17102 Attorney for: PLAINTIFF Telephone: 215-636-4435 Supreme Court ID No. 89423 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2