HomeMy WebLinkAbout02-5574COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag Disl NO:
09-1-01
DJ Name HCA
CHARLES A. CLEMENT, JR.
Add,es? 400 BRID(~E STREET
OLDE TOWNE COMMONS -SUITE 3
NEW CUMBE~ PA ~
T~,e~h~,e: ~717 ) 774-5989 17070
PRINT - O - STAT
5020 RITTER ROAD APT.# 210
MECHANICSBURG, PA 17055
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
5020 RITTER ROAD APT.# 210
MECHANICSBURG, PA 17055
VS.
DEFENDANT: NAME and ADDRESS
F-ADVANCED MECHANICAL CONST. INC.
503 N. 12TH~BOX1533
R. MATTHEW AKINS
~LTOONA, PA 16601
iDocket No.: CV-0000654- 01
Date Filed: 11/05/01
TIllS IS TO NOTIFY YOU THAT
Judgment: ' ':' ..... DEFAULT d-'UD~M~' PLTF,
~ Judgment was entered for: (Name) P'RT'I~ - ¢)- .~mam
~ Judgment was entered against: (Name) ADVA~TC~ ~f~.C.~a~TO.;~T, CON.~T.
in the amount of $ q:'7qq ~'4 on:
~-~ Defendams are iointly and several y liaBle
] Damages will De assesseo 3n:
] This case o~smlsseo wl~nou~ Dreiuolce.
] Amount of duegment Subject to
Attachment/Act 5 of 1996 $
[] Levy s stayed for oays or [] generally smyeo.
--- Objection to levy nas been f eo and nearinc~ wi be ne~d:
(Date of Judgment)
(Date & Time)
Amount of Judgmem $ 3,699.13
dudgmem Costs $ 100.50
Interest on Judgment $ . OC
Attorney Fees $ .0(}
Total
$ 3,799.6:
Post Judgment Credits
Post Judgment Cos[s
Certified Judgment Tota
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF ,J~.I~'~tENT, B,Y;F L~G A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLF.,,~gt,~C'IVI~ Divl~lON , YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRAN.~_SCR.~T FORM WIT~.~O[~R' N(~JI~E OF APPEAL.
I certify that this is a true ano 0~rrec, t copy o.f theJ, e..cor. C'~e proceedings c~nmf%inq,the"iL]~g~6,~l;.,
11/7/02 Date ''; ( t'du' i
,/ · ,' / / /
My commmslon exoires first Monday of ,January, 2.008 SEAL '
AOPC 315 99
CO~[MON~VEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Penny V. Ayers , Esquire, being duly
sworn according to law, depose and say that the judgment
entered to No. 02-608 of which Print-O-Stat
~s the Plaintiff and Advanced Mechanical Construction
is (are) the Defendant(s) does not arise from an installment
sales contract or come within the purview of the Goods and
Services Installment Sales Act, 69 P. S. 1101, et seq., not
does .it come under the purview of Act 6 known as the Loan
Interest and Protection Law, 41 P. S. 101 et seq.
Sworn and Subscribed
before me t is
day of ~~
!
Notary· Publi~
-I ILEEN $, KRONE, Notary Public
I City of York~ york County
I My Commission Expires March28, 2005
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PRINT-O-STAT
Plaintiff
VS.
ADVANCED MECHANICAL
CONSTRUCTION, INC.
Defendant
No. C~.
Term
(x)
NOTICE OF FILING JUDGMENT
Notice is hereby given that a judgment in the above-captioned matter has been entered
against you in the mount of Three Thousand Seven Hundred Ninety-Nine and 63/100
($3,799.63) Dollars, with interest.
( x ) A copy of all documents filed with the Prothonotary in support of the within judgment
are enclosed. ~
~, Pro'he'no'atT_. ~ivi~iv.
If you have any questions regarding this Notice, please contact the filing party:
Penny V. Ayers, Esquire
S. Ct. I.D. #84751
BLAKEY, YOST, BUPP & RAUSCH, LLP
17 East Market Street
York, PA 17401
Telephone (717) 845-3674
(This Notice is given in accordance with Pa.R.C.P. 236.)
Notice sent to:
Advanced Mechanical Construction, Inc.
503 North 12th Avenue
Altoona, PA 16601
Prothonotary
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
PRINT-O-STAT
VS.
ADVANCED MECHANICAL
CONSTRUCTION, INC.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR WRIT OF EXECUTION
(MONEY JUDGMENT)
To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(I) Directed to the Sheriff o f. BLAIR
· " ............................ County, Penna.;
(2) against ADVANCED MECHANICAL CONSTRU(TTION, INC.
............................................................................. Defendant(s);
(3) and against...
....................................................................... Garnishee(s);
(4) and index this writ
(a) against ..........
...................................................................... Defendant(s) and
(b) against ....
......................................................................... Garnishee(s),
as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property)'
(5) Amount due
Interest from
January 7, 2002
Dated November 8t 2002
Total ...~,.994.49
.............. Plus costs,
Supreme Ct( I.Dk/'#84751
TO:
SHERIFF OF BLAIR COUNTY
Date: November 8, 2002
SIR:
There will be
ExecutiQn
placed in your hands
PRINT-O-STAT
for service a Writ (Order) of
Styled as follows:
PLAINTIFF, vs.
ADVANCED MECHANICAL CONSTRUCTION, INC.
DEFENDANT (S) .
INSTRUCTIONS
If Writ of Execution, state what shall be seized and levied upon,
If Real Estate, attach five (5) copies of description together
with the location of premises. Iii all services, give full information
as to Parties to be served with addresses, .etc.
Please levy oh all persoR~l property owned bY the Defendant, Advanced
Mechanical Construction, Inc., located in a'nd about the premises at
503 North 12th Avenue, Altoona, PA 16601~ including, but not limited
to equipment, machinery,, furnitu.re, furnishings, appliances, and
vehicles.
AT~RN~~Y~LAINTIFE
P~nY V.[Ay~ Esquire
TELEPHONE NUMBER
WAIVER OF WATCHMAN
Any deputy sheriff leving upon or ~ttaching any property under
within writ may leave same witho~l't a watchman, in custody of whom-
ever is found in possession, after notifying person of such levy or.
attachment, withou't liability on the part of such deputy or the
sheriff to any plaintiff herein for any loss, destruction or removal
of any such pr.operty before sheriff's sale. t~.eof.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PRiNT-O-STAT
ADVANCED MECHANICAL
CONSTRUCTION, INC.
File No.~%~_ ~ ,~, civil Term
CERTIFICATION
The undersigned hereby cert/fies that the attached Praedoe for Execu~ion/A~ta~hment does
not ar/se out of a retail installment sale, contract, or account based on a confession of
judgznent, but if it does, it is based on the appropriate original proceeding fded pursuant to Act
7 of 1966 as amended.
Date: November 8. 2002.
Signature: ~ ~ ~
Supreme Court ~I) No.: 84751
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-5574 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF BL/~IR COUNTY:
To satisfy the debt, interest and costs due PRINT-O-STAT, Plaintiff (s)
From ADVANCED MECHANICAL CONSTRUCTION, INC., 503 N. 12TM - BOX 1533,
ALTOONA, PA 16601
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL
PERSONAL PROPERTY OWNED BY THE DEFENDANT, ADVANCED MECHANICAL
CONSTRUCTION, INC., LOCATED IN AND ABOUT THE PREMISES AT 503 NORTH 12TM
AVENUE, ALTOONA, PA 16601, INCLUDING BUT NOT LIMITED TO EQUIPMENT,
MACHINERY, FURNITURE, FURNISHINGS, APPLIANCES, AND VEHICLES.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachmem 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 $3,799.63
Interest FROM I/2/02 - $194.86
Atty's Comm %
Atty Paid $36.75
Plaintiff Paid
Date: NOVEMBER 19, 2002
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Deputy
REQUESTING PARTY:
Name PENNY V. AYERS, ESQUIRE
Address: BLAKEY, YOST, BUPP & RAUSCH, LLP
17 EAST MARKET STREET
YORK, PA 17401
Attorney for: PLAINTIFF
Telephone: 717-845-3674
Supreme Court ID No. 84751
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CWIL ACTION - LAW
PRINT-O-STAT
VS.
Plaintiff
ADVANCED MECHANICAL
CONSTRUCTION, INC.
Defendant
No. 02-5574 Civil Term
PLAINTIFF'S MOTION FOR SPECIAL ORDER
DIRECTING BREAK AND ENTER
Plaintiff, Print-O-Stat, by its attorneys, Blakey, Yost, Bupp & Rausch, LLP, pursuant to
Pa. R.C.P. 430(a), moves this Court for a Special Order directing the Sheriff of Blair County to
break and enter in order to perform service of the Writ of Execution and levy upon personal
property of the Defendant, Advanced Mechanical Construction, Inc.. In support of this Motion,
Plaintiff avers as follows:
1. Defendant's address is 503 North 12th Avenue, Altoona, PA 16601.
2. This action arises out of Defendant's failure to pay monies due Plaintiff for
products purchased.
3. Plaintiff filed its Complaint against the Defendant on November 5, 2001, in the
Office of District Magistrate Charles A. Clement, Jr.
4. Judgment in the matter was entered by District Magistrate Clement on January 7,
2002, against the Defendant and in favor of the Plaintiff, in the amount of Three Thousand Seven
Hundred Ninety-Nine and 63/100 ($3,799.63) Dollars. A copy of the Notice of Judgment is
attached as Exhibit A.
5. On February 4, 2002, Defendant filed a Notice of Appeal to the District
Magistrate's judgment, docketed to No. 02-602, which appeal was dismissed by Judge Kevin A.
Hess, on June 3, 2002.
6. On November 9, 2002, the District Magistrate's Judgment was entered with the
Court of Common Pleas of Cumberland County to the above docket number. A copy of the
time-stamped Judgment is attached as Exhibit B.
Defendant located in and about the Defendant's premises at 503 North 12th Avenue, Altoona, PA
16601.
8. The Writ was issued and on March 14, 2003, the deputy Sheriff of Blair County
attempted service of the Writ at the Defendant's location.
9. The deputy Sheriff spoke with a Scott Aikin (sic) who stated Defendant went out
of business and that he would call Michael Aikin (sic) to .get in touch with the Sheriffs
Department. A copy of the Sheriffs Return is attached as Exhibit B.
10. No one from Defendant's organization ever contacted the Sheriff.
11. The attempt by the Sheriff to serve the Writ and levy on Defendant's property at
503 North 12th Avenue, Altoona, PA 16601, has been unsuccessful.
12. To the best of Plaintiffs knowledge, information and belief, Defendant continues
to have personal property located in premises at 503 North 12th Avenue, Altoona, PA 16601.
13. Plaintiff has made a good faith effort to have the Defendant served and to levy
upon personal property pursuant to the Writ of Execution, but has been unsuccessful.
7. On November 11, 2002, Plaintiff filed its Praecipe for Writ of Execution
requesting the Sheriff of Blair County to levy upon any and all personal property of the
14. Defendant is intentionally refusing entry to the Sheriff in order to avoid service of
process and levy upon her personal property in this action.
15. Unless the Court allows the Sheriff to break and enter at the premises of
Defendant, Plaintiff will be unable to execute and collect on the Judgment entered in this action
and injustice will result.
WHEREFORE, the Plaintiff requests that the Court enter a special order directing the
Sheriff of Blair County to break and enter at 503 North 12th Avenue, Altoona, PA 16601, in
order to perform service of the Writ of Execution and lev5, upon personal property of the
Defendant.
Respectfully submitted,
BLAKEY, YOST, BUPP & RAUSCH, LLP
John J. Baranski, Jr., Esquire
S. Ct. I.D. #82585
Attomey fox' Plaintiff
17 East Market Street
York, PA 17401
Telephone (717) 845-3674
Fax No. (71'7) 8547839
VERIFICATION
I, John J. Bamaski, Esquire, do hereby verify that I am the, attomey of record for the Plaintiff
herein, and that the facts set forth in the foregoing pleading are tree to the best of my knowledge,
information and belief.
I understand that false statements made herein are made subject to the penalties of 18 Pa.
C.S.A. {}4904 relating to unswom falsification to authorities.
Dated:
BLAKEY, YOST, l~
~mski, Jr., Esquire
Oist,ct Coo, 0g-1-01
SHIREMANSTOWN BORQUGH OLDE TOWNE COMMONS
LOWER A~EN TOWNSHip 400 BRIDGE S~, SUI~ ~3
~EW CUMBER~ND BOROUGH NEW CUM~ER~ND, ~A 17070
LEMOYNE BOROUGH OFFICE (717} ~4-sgsg
'PRINT - O - STAT
5020 RITTEP,. ROAD APT . #
MECHANICSBU'RG, PA 17055
THIS IS TO NOTIFY YOU THAT:
Judgment:
/T TE 3
0
210
NOTICE OF JUDGMENT/TRANSCRIPT
'PLAINTIFF: CIVIL CASE
NAME ano ADDRESS
I-PRINT - O - S TAT -'1
5020 RITTEP, ROAD APT.~ 210
MEC~,TCSBO'RG, PA 17055
L_
VS.
DEFENDANT': NAME anO ADDRESS
I-ADVANCED MECHANICAL CONST. INC.
503 N. 12TH-BOX.1533
R. MATTHEW AKINS
~GTOONJ~, PA 16601 /
Docket No.: CV- 0000654 - 01 ]
Date Filed'.: 11/05/01
Judgment was entered for: (Name)
Judgment was entered against: (Name)
in the amount of $ ~ : 'l q q _ ~; ~
Defendants are jointly and severally liable.
Damages will be assessed on:
D~A13LT u"T]D~ PLTF
This case dismissed without prejudice.
on: (Date of J:udgment) 1/n'7 / n~
(Date & Time)
Amountof Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
[--]Amount of Judgment Subject to Attachment/Act 5 of 1996 $
~ Levy is stayed for days or E~ generally stayed.
~--"~ Objection to levy has been filed and hearing will be held:
$ 3 699.13{
'*'$ lOO.5OI
$ .... _.DoI
$ - .ooI
$ 3,799.63
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
l[Time:
Place:
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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRA_.~NSCRJFrT FORM WITH YOUR NOTICE OF APPEAL.
JAN 07 2002Date
~ ~' ~'~'~~ ' ,District Justice
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , District Justice
My commission expires first Monday of January, 2008
AOPC 315-99
SEAL
COMMONWEALTH DP PENNSYLVANIA
COIJN.TY OF:
Mag. Dist. No.:
09-1-01
DJ Name: Hon.
CHAELES A. CLEMENT,
Address: 400 BRID~E STREET
OLDE TOWNE COMMONS
NEW CUMBERLAND, PA
Telephone: (717) 774- 5989
- SUITE
17070
ATTORNEY FOR PLAINTIFF :
PENNY AYEES ESQ
17 E. MAP~ET ST
YOU1[, PA 17401
3
oh- £59¥
· NOTICE OF JUDGMENT RANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rPRINT - O - STAT
5020 RITTER ROAD APT.# 210
M~CHANICSBURG, PA 17055
VS.
DEFENDANT: NAME aha ADDRESS
~V~C~ ~~~ ~NST. INC.
503 N. 12~-BOX1533
~~, PA 16601
Docket No.: ~- 0000654 - 01
Date Filed: 11/05/01
Ti~S IS TO NOTIFY YOU THAT:
Judgment:
r-~ Judgment was entered for: (Name)
[~ Judgment was entered against: (Name)
in the amount of $ _"4: 700 _
E~ Defendants are jointly and severally liable.
~---] 'Damages will be assessed on:
[--]This case dismissed without prejudice.
DRFAUL? JUD~ PT.TF
D~ T~ - n - n~AT
on:
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for days or r~ generally stayed.
Objection to levy has been filed and hearing wil be held:
MR~W~N'T CAL
(Date of ,Judgment)
(Date & Time)
.Amount of Judgment
,Judgment Costs
Interest on Judgment
A~orney Fees
Teal
$. 100.50
$ .00
$ .00
$ 3,799.63
Post Judgment Credits $.
Post Judgment Costs $.
Certified Judgment Total $
Date:
Time:
Place~
ANY. PARTY HAS THE RIGHT TO APPEAL WITHIN 30' DAYS AFTER.THE ENTRY-OF JUDGMENT BY RUNG A NOTICE
OF APPEAL WITH:THE PROTHONOTARY/CLERK OF THE COURT OF COMMON~:~,CI¥1L DIVISION; YOU
MUST:INCLUDE A COPY OF ' ' ' ' ''' ' r ~'FO~:WI'TIt"Y0~:*N~EOF'~p~EAI;;""~",.
'I/7/02 Date
II certify that this is a true
1'11/7/02 Date
. My commission expires first Monday of JanuarY,
AOPC 315-99
SEAL-, ,- '-
DATE REC. E[VED DATE PROCESSED
SHE R IFF'S ' DEPARTM E NT
BLAIR COUNTY, PENNSYLVANIA-
COURTHOUSE, HOLLIDAYSBURG, PA. 16648
I INSTRUCTIONS:
SHERIFF SERVICE I '
PROCESS RECEIPT, and AFFIDAVIT OF RETURN IDoPrintnollegilblY'detachinsuringany; copies.readability aCSD°f all copies.
1. PLAINTIFF I S / 2 ,~- ?'"-J,-- "' '] 2. COURT NI.,IMBER'
I o; - /
t
· 4. rvPE oP wmr OR ~;OM.~INT
6. ADDRESS (S~.I or RFD. ~a~menl No.. Cit~, B~o.. Tw~., Slate and ~IP ~}
NOW. ' , I, SHERIFF OF BLAIR , COUNt, PA., do herebydep~~of--
- ,.. County to execute this Writ an~ ~e retumthereof accor0mg
to law. This deputation being made at the request and risk of ~e P~intiff.
8. SPECIAL INS~UCTION~ ~R=O~ER INFORMATION' THAT WILL AS~ IN EX~bl~ SER~: "' - ~
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B,'V~AiVER OF WA'~'CHMAN -- Any deputy {;heriffievying upbn'or alfaching any prope~ under within writ
may leave same wdhou~ a watchman. ;n cusloOy of whomever, is found in' Dosse~iOn. a~r no~ing'~ o[ 1~,.~ affa~nl. ~t liabihty on the pa~ of
SlJCn deDuly o; Ine sherdf to any olamtdl here;n fei any I~s. deslruchon or removal of any such proper~y before sheriffs' sale thereof.
9 SI~NATURE'et ATT~RNE~ o[ other ORIGINATOR ~g~s~e~ be~lf~ol:'. .. ~ .~,t0, TEEEP~NUMB~ t I. DATE
~ --SPACE BE~OW FOR USE OF SHERIFF ONE~ ~O NO~,~:W~TE BELOW ~HIS~LINE. ~
15.
hereby CERTIFY and RETURN that [~]have personally served, ["~h.a~.ee...r~,~.~t.c~a~ge~ :~ ~l~_il~e~., !~tence of. seWic~ a~show~ bi "Remarks" (on reversel
nave ~osteo ~he above descnbe¢ prooerty with the writ or complaint desc.bed on the indiwdual company, corl~otation, etc.. at the address shown above or on the indiwdual.
comoanv, cor~,orahor., etc. at the address ~nseded below by hand i."tgJor Posling a TRUE and ATTESTED COPY Ihereof.
16 f--~l he~eb~,,~emfy and return a NOT FOUND because I am unable to locate the ,ndividual. company, corporation, etc.. named above. (See remarks below)
17 Name and"htle of ,nmwdual served I8. A I~erson el suitable age and discretion ! Read Orde
then r eS~lL, X~;~a the ~f~'s ~ ~ace
19. A~ess Ot w~wed I~lete 0nly · ~lfe~'~i~~~:'RFO, A~,~I.~.~..~0,.~Wg,, .................... : 21. Time
Siat~and ZiP. _
30, REMARKS
AFFIRMED ~'~d~ subscribed to before me this
NOTARY PUBLIC
MY C~SION EXPIRES '
Oep. Int.
PRINT-O-STAT,
Plaintiff
Vo
ADVANCED
MECHANICAL
CONSTRUCTION, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5574 CIVIL TERM
ORDER OF COURT
AND NOW, this 14th day of May, 2003, upon consideration of Plaintiff's Motion
for Special Order Directing Break and Enter, the motion is denied without prejudice to
Plaintiff's right to transfer its judgment to the Court of Common Pleas of Blair County
and to request a special order in aid of execution from that Court.
BY THE COURT,
John J. Baranski, Jr., Esq.
Blakey, Yost, Bupp &
Rausch, LLP
17 East Market Street
York, PA 17401
Attorney for Plaintiff
,/~. Matthew Akins
Advanced Mechanical
Construction, Inc.
503 North 12th Avenue
Altoona, PA 16601
Defendant
J. Wesley Oler, I~.,/
:rc
PRINT-O-STAT,
Plaintiff
VS.
ADVANCED MECHANICAL
CONSTRUCTION, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
Of CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5574 Civil Term
ANSWER TO PLAINTIFF'S MOTION FOR
SPECIAL ORDER DIRECTING BREAK
AND ENTER
Filed on behalf of Defendant:
ADVANCED MECHANICAL
CONSTRUCTION, INC.
Counsel of Record for this Party:
FREDERICK B.. GIEG, JR., ESQUIRE
PA I.D. # 09965
GIEG, GIEG, MONTGOMERY & ZANG
401 North Loga~q Boulevard
Altoona PA 16602
814-946-1606
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
P RI NT-O-STAT,
Plaintiff
NO. 02-5574 Civil Term
VS.
ADVANCED MECHANICAL
CONSTRUCTION, INC.,
Defendant
CIVIL ACTION .- LAW
ANSWER TO PLAINTIFF'S MOTION FOR SPECIAL ORDER DIRECTING BREAK
business.
2.
3.
Denied.
Admitted.
Admitted.
AND ENTER
P.O. Box 1533, Altoona, PA 16603.
Defendant is no longer in
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Denied. On the contrary, Matt Akins talked to the Sheriff and informed them
that Adavanced Mechanical Construction, Inc. was no longer in business and had no
office.
10. Denied.
11. Admitted.
12. There is no property at 503 North 12th Avenue, Altoona, titled in the name of
the Defendant.
13. Admitted.
14. Denied as Defendant is no longer there or in business.
15. It would be a useless act to allow the Sheriff ot break and enter at 503 North
12th Avenue, Altoona, as Defendant has no assets there or anywhere else.
WHEREFORE, Defendant requests Plaintiff's Motio~n to denied and dismissed.
Respectfully Submitted,
GIEG_GIE,G, MONTGOMERY & ZANG
F'r · Oie E
Attorney for Defendant
PA I.D. #09965
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BLAIR
Personally appeared before me, a Notary Public, the undersigned authority,
MICHAEL AKINS, being duly sworn according to law deposes and says that the facts
set forth in the foregoing ANSWER are true and correct to the best of his knowledge,
information and belief,
Sworn to and subscribed before me,
this l ~"~day of
No~ ~dblic-
My commission expires:
2003.
Mi~l~ael Akir%" '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PRI NT-O-STATE,
Plaintiff
NO. 02-5574 CMl Term
VS.
ADVANCED MECHANICAL
CONSTRUCTION, INC.,
Defendant
CIVIL ACTION -. LAW
CERTIFICATE OF SERVICE
I, Frederick B. Gieg, Jr., Esquire, hereby certify that on this ~:)~ay of May,
2003, a copy of the foregoing Answer to Plaintiff's Motion fl~r Special Order Directing
Break and Enter has been sent by regular U.S. mail, postage prepaid, to the following
party:
John J. Baranski, Jr, Esquire
BLAKEY, YOST, BUPP & RAUSCH, LLP
17 East Market Street
York, PA 17401
GIEG, GIEG, MONTGOMERY & ZANG
Frederick B. Gieg, Jr., F;z~qui~e