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HomeMy WebLinkAbout06-5230UC-728 REV. 1-06 IN THE COURT OF COMMON PLEAS OF CUMnBERLAND COUNTY, PENNSYLVANIA I'C Jr Ck /L 3)) CERTIFIED COPY OF LIEN TO THE PROTHONOTARY OF SAID COURT: Pursuant to Section 308.1 of the Pennsylvania Unemployment Compensation Law, 43 P.S. § 788.1, this is a Certified Copy of Lien for unpaid unemployment compensation contributions, interest and penalties to be entered of record by you and indexed as judgments are indexed. ACCOUNT NUMBER: AD Number: 319849 QTR/YR. DUE 2-06IWE 182.47 2-06 12,152.20 DOCKET # o6_ S-2, g6 DATE ENTERED COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY TO THE USE OF THE UNEMPLOYMENT COMPENSATION FUND VS. •CUMBERLAND SERVICES INC 3 SOUTH 40TH STREET CAMP HILL PA 17011 • .00 182.47 .00 12,152.20 11NALTY DUE CONTRIBUTION AND / OR I. so reverse for CONTRIBUTION PAID LATE. explanation], . 01 92.51 ,01 co "WE" refers to withholding for employee contributions, sub-total Additional interest is to be computed on the above balance of unpaid unemployment compensation contributions at the rate of one-twelfth (1/12) of the annual rate determined by the Secretary of Revenue under Section 806 of the Fiscal Code, 72 P.S. § 806, per month or fraction of a month, or at the rate of three quarters of one per centum (0.7596) per month or fraction of a month, whichever is greater, from the date they become due until paid, from 08/31/2006. 12, 334 671 92 51 00? :Total 12,427.18 Filing Fee(s) 14.00 Additional Legal Casts Additional Interest Satisfaction Amount The undersigned, Assistant Director, Office of Unemployment Compensation Tax Services, Department of Labor and Industry, certifies that the above unemployment compensation contributions, interest and penalties are due and payable by the above named defendant under the provisions the Pennsylvania Unemployment Compensation Law. Pursuant to Section 308.1 of said Law, 43 P.S. § 788.1, the above contributions, Interest and penalties are a Ilen upon the franchises e and property, both real and personal, Including after acquired property, of the above named defendant and attach thereto from the date of entry of this Certified Copy of Llen. 0'w ey ; SALLY L. PIATAK Assistant Director, Office of Unemployment Compensation Tax Services TO BE RETAINED BY RECORDING OFFICE 08/23/2006 DATE Q U. J Q? W Z JZ aW Z a- 0 o? 00 O 0 m O %- O X90 m (D 0 0 * L a CC 41 0 m r N U` U m ccUm s sow ?Q4 4-1 Q Sr v m7? 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That on October 18, 2007, he/she mailed by certified mail, return receipt requested Notice of Entry of Lien, and Intent to Execute, as provided by Section 308.1 of the Pennsylvania Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, as amended, addressed to Cumberland Services, Inc., 3 South 40th Street, Camp Hill, PA, 17011 the last known post office address of the employer. This affidavit is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Jo A. Pierce `? :? r i r r.; . ... .. ._' oa - ? ,..._ -. • .. ,..4 ' . «?.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND Plaintiff V. Cumberland Services, Inc. 3 South 40th Street Camp Hill, PA 17011 and Fulton Bank 1423 South Market Street Mechanicsburg, PA 17055 Defendant(s) Garnishee NO. 06-5230 Civil Term EXECUTION NO. TERM, PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF SAID COURT: Issue writ of execution in the above matter: 1. directed to the sheriff of Cumberland County, Pennsylvania 2. against Cumberland Services, Inc., 3. against Fulton Bank, 4. Amount of Contributions, Interest and Penalty due Lien Filing Fee(s) Additional Legal Costs Additional Interest due on $10,819.06 from 08/31/2006 to 11/02/2007 on unpaid contributions to be computed at the annual rates determined by the Secretary of Revenue under Section 806 of the Fiscal Code, 43 P.S. § 788.1. Less Payments Total Amount Due Dated: Defendant(s) Garnishee $10,911.57 $+94)0-- $174.50 $1,147.37 $(0.00) $12,252.44 plus costs k-3,bjl Arthur Selikoff (Attorn ID #43524) Assistant Counsel Commonwealth of Pennsylvania Department of Labor and Industry 0? 10th Floor, Labor and Industry Building Harrisburg, PA 17121 bA ? U? W ) 0 ?A ? V 0.4 l "a c=-.s ,, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5230 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Commonwealth of Pennsylvania Department of Labor and Industry to the use of the Unemployment Compensation Fund Plaintiff (s) From Cumberland Services, Inc 3 South 40th Street, Camp Hill, Pa. 17011 (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 Fulton Bank 1423 South Market Street, Mechanicsburg, Pa. 17055 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$10,911.57 L.L.$0.50 Interest Additional Interest due on $10,819.06 from 8/31/06 to 11/02/07 on unpaid contributions to be computed at the annual rates determined by the Secretary of Revenue under Section 806 of the Fiscal Code 43 ps 788.1 $1,147.37 Atty's Comm % Atty Paid $41.00 Plaintiff Paid Date: November 2, 2007 (Seal) Due Prothy $2.00 Other CostsAdditioanl Legal Cost $174.50 Tax due $0.50 biu4rtis 4 R. Long, Prothono ry By: L f?: ??Zc Deputy REQUESTING PARTY: Name Arthur Selikoff Esq., Assistant Counsel Address: Commonwealth of Pennsylvania, Department of Labor and Industry 10`h Fl Labor and Industry Building, Harrisburg, Pa 17121 Attorney for: Plaintiff Telephone: Supreme Court ID No. 43524 t. F MOGEL, SPEIDEL, BOBB & KERSHNER, P.C. A PROFESSIONAL CORPORATION BY: Frederick R. Mogel, Esquire Identification No. 32214 520 Walnut Street, P.O. Box 8581 Reading, PA 19603-8581 610-376-1515 Attorney for: Garnishee COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR & INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND, Plaintiff -vs- CUMBERLAND SERVICES, INC., Defendant -and- FULTON BANK, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5230 NOTICE TO: COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR & INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. MOGEL, SPEIDEL, BOBB & KERSHNER B rederick R. Mogel, Esquire Attorney I.D. No. 32214 520 Walnut Street, P.O. Box 8581 Reading, PA 19603-8581 (610) 376-1515 Attorneys for Garnishee A L COMMONWEALTH OF : IN THE COURT OF COMMON PLEAS PENNSYLVANIA, DEPARTMENT OF : OF CUMBERLAND COUNTY, LABOR & INDUSTRY, to the use of the : PENNSYLVANIA UNEMPLOYMENT COMPENSATION FUND, Plaintiff CIVIL ACTION - LAW -vs- NO. 06-5230 CUMBERLAND SERVICES, INC., Defendant -and- FULTON BANK, Garnishee ANSWER AND NEW MATTER OF FULTON BANK. GARNISHEE. TO INTERROGATORIES IN ATTACHMENT BY THE PLAINTIFF 1. Yes. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. 9. Demand Deposit Account No. 3620-46084 in the name of Cumberland Services, Inc., with a balance as of November 8, 2007 in the amount of $26,163.39. NEW MATTER 10. Garnishee, Fulton Bank, is entitled to reasonable counsel fees as part of taxable costs in this matter pursuant to 41 Pa. C.S. §2503(3). 11. Reasonable counsel fees on behalf of the Garnishee, Fulton Bank, are Two Hundred Dollars ($200.00) for the review of the records, consultations with Plaintiff's counsel, consultations with Garnishee, review of the pleadings and execution of documents and filing these Answers to Interrogatories. 12. Garnishee, Fulton Bank, is entitled to its reasonable attorney's fees as set forth above pursuant to law and Garnishee, Fulton Bank's contract with the Defendant, which fees shall be a setoff against the debt owing to Defendant, which Plaintiff has garnished. WHEREFORE, Garnishee, Fulton Bank, hereby demands judgment against the Plaintiff in the amount of Two Hundred Dollars ($200.00) as reasonable counsel fees as provided for by law. MOGEL, SPEIDEL, BOBB & KERSHNER 2By51de `l C t/4-ct,,-( ?- rederick R. Mogel , Esquire ntification No. 32214 4 520 Walnut Street, P.O. Box 8581 Reading, PA 19603-8581 (610) 376-1515 Attorney for Garnishee, Fulton Bank w VERIFICATION Frederick R. Mogel, Esquire, hereby verifies that he is the attorney for Fulton Bank, Garnishee, in the instant action, and that as such counsel, he is authorized to make, and possesses sufficient information and belief to make, the within verification on its behalf; and further, that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his information and belief. This verification is made pursuant to Pennsylvania Rule of Civil Procedure No. 1024(c), inasmuch as verification of the Garnishee, on whose behalf the foregoing pleading is filed, cannot be obtained within the time allowed for filing the pleading. The undersigned's information regarding the facts set forth in the foregoing pleading has been derived from a review of pleadings, correspondence and other documents in the attorneys' files, as well as from conversations with the Garnishee concerning the subject matter of the instant action. This verification is made subject to the penalties set forth in 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. c "-7/"xAc ft ?CiCv-f _ F ederick R. Mogel, Esquire Dated: November 20, 2007 P % COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR & INDUSTRY, to the use of the UNEMPLOYMENT COMPENSATION FUND, Plaintiff -vs- CUMBERLAND SERVICES, INC., Defendant -and- FULTON BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5230 Garnishee CERTIFICATE OF SERVICE I, Cheryl R. Zito, Legal Assistant to Frederick R. Mogel, Esquire, Attorney for Garnishee, do hereby certify that I served the foregoing upon the following, by first class, United States mail, postage prepaid, on the date listed below: Arthur Selikoff, Esquire Cumberland Services, Inc. Commonwealth of Pennsylvania 3 South 40th Street Dept. of Labor & Industry Camp Hill, PA 17011 Labor & Industry Building, 10th Floor Harrisburg, PA 17121 I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: November 20, 2007 Cl rv :'?_ ?? u SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-05230 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND UNEMPLOYMENT COMPENSATION FUND VS CUMBERLAND SERVICES INC And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:25 Hours, on the 7th day of November-, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , CUMBERLAND SERVICES INC in the hands, possession, or control of the within named Garnishee FULTON BANK 1423 SOUTH MARKET ST MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to MEGAN NORDSTROM (BRANCH MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: So ans st Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 0 0 ? 11/07/01 4-1-- 11/08/2007 Sworn and Subscribed to before me this day of By , A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs 92.84 Docketing 18.00 57.16 Poundage 1.82 Advertising Law Library .50 Prothonotary 2.00 Refunded on 07/29/08 Mileage 11.52 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 TOTAL 92.84 $ '13 '4 a So Answers, C cr, ' R. mas Kline 4 By $2.So -3 (f), I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5230 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Commonwealth of Pennsylvania Department of Labor and Industry to the use of the Unemployment Compensation Fund Plaintiff (s) From Cumberland Services, Inc 3 South 40th Street, Camp Hill, Pa. 17011 (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 Fulton Bank 1423 South Market Street, Mechanicsburg, Pa. 17055 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$10,911.57 L.L.$0.50 Interest Additional Interest due on $10,819.06 from 8/31/06 to 11/02/07 on unpaid contributions to be computed at the annual rates determined by the Secretary of Revenue under Section 806 of the Fiscal Code 43 ps 788.1 $1,147.37 Atty's Comm % Atty Paid $41.00 Plaintiff Paid Date: November 2, 2007 (Seal) Due Prothy $2.00 Other CostsAdditioanl Legal Cost $174.50 Tax due $0.50 w w C is R. Long, Prothonota By: hLc.? Deputy REQUESTING PARTY: Name Arthur Selikoff Esq., Assistant Counsel Address: Commonwealth of Pennsylvania, Department of Labor and Industry 10th Fl Labor and Industry Building, Harrisburg, Pa 17121 Attorney for: Plaintiff Telephone: Supreme Court ID No. 43524