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HomeMy WebLinkAbout03-3002EXEMPLIFICATION County of Burlington }SS. I, THOMAS M. GOULD, Deputy Clerk of the Superior Court of New Jersey, Burlington County, Law Division, Do hereby certify that the foregoing is a tree copy of the O-0DGMENT in the case of TAMBURRI ASSOCIATES VS RADCO CONSTRUCTION CORP & GIANT FOOD STORES INC therein set forth, as the same on file and record in this office. BUR-L-3142-02 In testimony whereof, I have hereunto set my hand and the seal of said Court, at Mount Holly, New Jersey, this 5 th THOMAS M, GOLrLD State of New Jersey } County of Burlington } SS. I, JOHN A SWEENEY JSC , Judge of the Superior Court of New Jersey, Burlington County, Law Division, do hereby certify that Thomas M. Gould, by whom the foregoing certificate was made and who has thereunto subscribed his name and affixed the seal of said Court, was at the time of so doing and still is Deputy Clerk of the Superior Court of New Law Division, duly commissioned and qualified, to all whose acts as such full faith ought to be given as well in courts of judicature as elsewhere. In testimony whereof, my hand and the seal of said Court, at . Mount Holly, New Jersey, this _ 5th ~lu~(in~o~County Law Divigion oo _.;e swEm' Y ~ew Jersey } "Burlington } SS. [ - n j THOMAS M. GOULD, Depnty~Cle~rk_pf_Lhe~S.up.e_ri~r Court of New lersey, Burlmgto County, ~sion, do hereby certify that JOHN A swt~:rq~x ,J~o , Judge of the Superior Court of ey, Burlington County, Law Division, by whom the foregoing certificate was made, and who has a subscribed his name, was at the time of so doing and still is Judge of the Superior Court of New _ .., -)!visi0n duly commissioned and qualified to all whose acts as such full EXEMPLIFICATION State of New Jersey County of Burlington I, THOMAS M. GOULD, Deputy Clerk of the Superior Court of New Jersey, Burlington County, Law Division, Do hereby certify that the foregoing is a true copy of the JUDGMENT in the case of TAMBURRI ASSOCIATES VS RADCO CONSTRUCTION CORP & GIANT FOOD STORES INC therein set forth, as the same on file and record in this office. BUR-L-31/42-02 In testimony whereof, 1 have hereunto set my hand and the seal of said Court, at Mount Holly, New Jersey, this 5 th THOMAS M. GOULD State of New Jersey } County of Burlington } SS. I, JOHN g SWEEAIEY JSC , Judge of the Superior Court of New Jersey, Burlington County, Law Division, do hereby certify that Thomas M. Gould, by whom the foregoing certificate was made and who has thereunto subscribed his name and affixed the seal of said Court, was at the tune of so doing and still is Deputy Clerk of the Superior Court of New Jersey, Law Division, duly commissioned and qualified, to all whose acts as such full faith be given as well in courts of judicature as elsewhere. of Burlington } SS. In testimony whereof, my hand and the seal of said Court, at Mount Holly, New Jersey, this 5 th n I, THOMAS M. GOULD, Deputy Clerk of the Sul~erior Court of New Jersey, Burlington County, e JOHN h SWEENEY USC Law Division, do h reby certify that , Judge of the Superior Court of New Jersey, Burlington County, Law Division, by whom the foregoing certificate was made, and who has thereunto subscribed his name, was at the tune of so doing and still is Judge of the Superior Court of New Jersey, Burlington County, Law Division, duly commissioned and qualified to ali whose acts as such full faith and credit are and ought to be given, as well in courts of judicature as elsewhere. In testimony whereof, ! have hereunto set my hand and the seal of said Court, at Mount Holly, New Jersey, this 5 th THOMAS M. GOULD CURETON CAPLAN, P.C. Darryl S. Caplan, Esquire 950B Chester Avenue Delran, New Jersey 08075 (856) 824-1001; (856) 824-1008 Fax Attorneys for Plaintiff TAMBURRI ASSOCIATES, INC., Plaintif~ VS. THE RADCO CONSTRUCTION CORP., and GIANT FOOD STORES, 1NC., Defendants. FILED WITH THE COURT FEB 2 2003 lION, A. 8'/ff:B'l f, M.$.¢. SUPERIOR COURT OF NEW JERSEY LAW DIVISION BURLINGTON COUNTY Docket No.: BUR-L-003142-02 Civil Action FINAL CONSENT JUDGMENT THIS MATTER having come before the Court on the application of Plaintiff, Tamburri Associates, Inc., and it appearing that the parties have agreed to the entry of the within judgment, and Plaintiff having received an initial payment in the amount of $31,962.22 in settlement of its claims relating to the Pottstown and Allentown Giant Food Stores Construction projects, and good cause appearing, I~ 121n tREhila~nnd ADda~ o~~/ 2003 Final Judgment be and is hereby entered in favor of Plaintiff, Tamburri Associates, Inc. and against Defendant, The Radco Construction Corp., for damages totaling $83,991.00, that amount consisting of $73,441.00 due to Plaintiff on the Royersford Giant Food Stores construction project, and $10,550.00 due to Plaintiff on the King Supermarket construction project. The parties shall bear their own costs and attorneys' fees. ~ORN-A~SWEENEY, The undersigned hereby consent to the form and entry of the within order and judgment. CURETON CAPLAN P.C. Attorneys for Plaintiff Darryl S. Caplan, Esq. J.S.C. WHITE AND WILLIAMS L.L,P. Attorneys ~ Defendant, Radco ConstmgfiOti Corp. Page: 1 Document Name: untitled CVM1023 AUTOMATED CASE MANAGEMENT SYSTEM 06/16/03 PAGE: 001 OF 003 DOCUMENT LIST 11:47 VENUE : BURLINGTON COURT : LAW CVL DOCKET #: L 003142 02 CASE TITLE : + TAMBURRI ASSOC INC VS RADCO CONSTR CORP DATE DOC DOCUMENT NON FILING/TARGET ATTORNEY MUL DOC S FILED NUM TYPE CONF PARTY NAME NAME PTY STA 09 13 2002 001 COMPLAINT TAMBURRI ASS CURETON CAPL N 09 26 2002 002 SUMMONS 01 RADCO CONSTR WHITE & WILL N 09 30 2002 003 PRF SERVC TAMBURRI ASS CURETON CAPL N 09 30 2002 004 PRF SERVC TAMBURRI ASS CURETON CAPL N 10 30 2002 005 ANSWER RADCO CONSTR WHITE & WILL N 11 14 2002 006 MOTN SUMM JDGMT TAMBURRI ASS CURETON CAPL N WD 01 14 2003 007 MISC SUB ATTY RADCO CONSTR WHITE & WILL N 02 03 2003 008 ORDR ENT JUDGMT TAMBURRI ASS CURETON CAPL N GR 02 04 2003 011 CAS MANG ORD COURT INIT N GR 02 10 2003 009 PRF SERVC TAMBURRI ASS CURETON CAPL N PFI=INQRY PF4 =PROMPT 4-© PF2=MAINT PF6=CONSOLIDATED CASE LIST PF7=PRIOR 1 Sess-1 172.16.1.27 PF8=NEXT PF22=HELP: TNB02366 #~ # Date: 06/16/03 Time: 11:48:22 Page: 1 Document Name: untitled CVM1023 AUTOMATED CASE MANAGEMENT SYSTEM 06/16/03 PAGE: 002 OF 003 DOCUMENT LIST 11:47 VENUE : BURLINGTON COURT : LAW CVL DOCKET ~: L 003142 02 CASE TITLE : + TAMBURRI ASSOC INC VS RADCO CONSTR CORP DATE DOC DOCUMENT NON FILING/TARGET ATTORNEY MUL DOC S FILED NUM TYPE CONF PARTY NAME NAME PTY STA 02 19 2003 010 COMP AMENDED TAMBURRI ASS CURETON CAPL N 03 07 2003 012 NOT OF DISMISSL TAMBURRI ASS CURETON CAPL N 03 12 2003 013 COMP AMENDED TAMBURRI ASS CURETON CAPL N 03 24 2003 014 NOT OF DISMISSL TAMBURRI ASS CURETON CAPL N 03 27 2003 015 PRF SERVC TAMBURRI ASS CURETON CAPL N 03 27 2003 016 PRF SERVC TAMBURRI ASS CURETON CAPL N 04 22 2003 017 PET FR DISCOVRY TAMBURRI ASS CURETON CAPL N 04 23 2003 018 ANSWER EVANKO WHITE & WILL Y 04 25 2003 019 ORDR DISCOVERY TAMBURRI ASS CURETON CAPL N GR 05 05 2003 020 CAS MANG ORD COURT INIT N GR PFi=INQRY PF4=PROMPT 4-© PF2=MAINT PF6=CONSOLIDATED CASE LIST PF7=PRIOR 1 Sess-1 172.16.1.27 PFS=NEXT PF22=HELP: TNB02366 ~ # Date: 06/16/03 Time: 11:48:49 Page: 1 Document Name: untitled '' CVM1023 AUTOMATED CASE MANAGEMENT SYSTEM 06/16/03 PAGE: 003 OF 003 DOCUMENT LIST 11:47 VENUE : BURLINGTON COURT : LAW CVL DOCKET %: L 003142 02 CASE TITLE : + TAMBURRI ASSOC INC VS RADCO CONSTR CORP DATE DOC DOCUMENT NON FILING/TARGET ATTORNEY MUL DOC S FILED NUM TYPE CONF PARTY NAME NAME PTY STA 05 07 2003 021 MOTN ENF STLMNT RADCO CONSTR WHITE & WILL Y PH 05 28 2003 023 ORDR MISC RADCO CONSTR WHITE & WILL Y GR 05 29 2003 022 MISC DEG TR ATT TAMBURRI ASS CURETON CAPL N CV900123 END OF SEARCH PFi=INQRY PF2=MAINT PF4=PROMPT PF6=CONSOLIDATED CASE LIST PF7=PRIOR 4-© 1 Sess-1 172.16.1.27 PF8=NEXT PF22=HELP: TNB02366 #~ # Date: 06/16/03 Time: 11:48:56 CURETON CAPLAN, P.C. By: Tara Mosier, Esquire (#88037) 950B Chester Avenue Delran, New Jersey 08075 (856) 824-1001; (856) 824-1008 Fax Attorneys for Plaintiff TAMBURRI ASSOCIATES, INC., Plaintiff; VS. THE RADCO CONSTRUCTION CORP., GIANT FOOD STORES, 1NC.., WARREN EVANKO, and ERIC SIAS, Defendants. COURT OF COMMON PLEAS PHILADELPHIA COUNTY Civil Action AFFIDAVIT IN SUPPORT OF FOREIGN JUDGMENT I, being first duly sworn, depose and say that I am the attorney for the Plaintiff-Creditor, Tamburri Associates, lnc. in the above-captioned case, state: 1. On Febmmy 3, 2003, Honorable John A. Sweeney entered a Final Consent Judgment in the amount of $83,991.00 against The Radco Construction Corporation in the Superior Court of New Jersey, Law Division, Burlington County at BUR-L-003142-02. 2. Said Judgment was exemplified by Judge Sweeney on May 5, 2003. 3. Said judgment is valid, enforceable and unsatisfied. 4. The debtor, The Radco Construction Corporation, is located at 29 Van Syckles Road, Hampton, New Jersey 08827. 5. The creditor, Tamburri Associates, Inc., is located at 1401 Industrial Highway, Cinnaminson, New Jersey 08077. I, Tara Mosier, swear or affirm that the above-information is true and correct and is made under penalty of perjury. Tara Mosier, Esquire Dated: SWORN TO AND SUBSCRIBED before me this ~ ( c~ day of 2 Tara Mosier Pa. Attorney ID No. 88037 CURETON CAPLAN, P.C. 950B Chester Ave. Delran, New Jersey 08075 (856) 824-1001 Attorneys for Tamburri Assoc., Inc. TAMBURRI ASSOCIATES, INC., VS, Plaintiff. THE RADCO CONSTRUCTION CORP., GIANT FOOD STORES, INC., WARREN EVANKO and ERIC SIAS Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 2003-3002 PRAECIPE FOR WRIT OF ATTACHMENT TO THE PROTHONOTARY: Please issue a Writ of Attachment to the Sheriff of Cumberland County for debt, interest and costs as indicated below, directing attachment against the below-named garnishee for any monies of Defendant, Radco Corporation, in its possession: 1) Giant Food Stores, garnishee 1149 Harrisburg Pike Carlisle, PA 17013 Principal due and unpaid Interest at 3.0% (9/1/03 - 9/25/03) Attorney fees Costs $78,983.60 $ 2,369.51 $ 318.47 $ 165.50 Total $81,837.08 Interest shall continue to run at the stated rate. Interest above has been computed only through September 25, 2003. Interest and attorney fees will continue to accrue. Please deliver the attached interrogatories to the Sheriff of Cumberland County for simultaneous service with the writ. Tara M~ Attorney ID No. 88037 Cureton Caplan, P.C. Attorney(s) for Plaintiff(s) 950B Chester Avenue Delran, NJ 08075 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3022 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAMBURRI ASSOCIATES, INC., Plaintiff (s) From THE RADCO CONSTRUCTION CORP., 29 VAN SYCKLES RD., HAMPTON, NJ 8827 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also direcled to attach the property of the defendant(s) not levied upon in the possession &GIANT FOOD STORES, GARNISHEE, 1149 HARRISBURG PIKE, CARLISLE, PA 17013 INTERROGATORIES 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. Amoum Due $78,983.60 Interest AT 3.0% (9/1/03 - 9/25/03) - $2,369.51 Atty's Corem % Atty Paid $38.00 Plaimiff Paid Date: OCTOBER 2, 2003 (Seal) REQUESTING PARTY: Name TARA MOISER, ESQUIRE Address: CURETON CAPLAN, P.C. 950B CHESTER AVENUE DELRAN, NJ 08075 Attorney for: PLAINTIFF Telephone: 856-824-1001 Supreme Court ID No. 88037 L.L. $.50 Due Prothy $1.00 Other Costs ATTYS FEES- $318.47 CURTIS R. LONG Prothonotary Deputy SHERIFF'S RETURN - GARNISHEE CASE NO: 2003-03002 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND TAMBURRI ASSOCIAES VS RADCO CONSTRUCTION CORP And now VALERIE WEARY Cumberland County of Pennsylvania, to law, at 0014:27 Hours, on the ,Sheriff or Deputy Sheriff of who being duly sworn according 6th day of October , 2003, attached as herein commanded all goods, chattels, moneys of the within named DEFENDANT RADCO CONSTRUCTION CORP hands, possession, GIANT FOOD STORES rights, debts, or control of the within named Garnishee 1149 HARRISBURG PIKE credits, and , in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to CHRISTINA WARNER (LEGAL ASSISTANT) personally three copies of interogatories together with true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me ProChdnot ary So an s. R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo By H. Thomas Hunt, III Pa. Attorney ID No. 34558 Tara Mosier Pa. Attorney ID No. 88037 CURETON CAPLAN, P.C. 9508 Chester Ave. Deiran, New Jersey 08075 (856) 824-1001 Attorneys for Tambum Assoc., Inc. TAMBURRI ASSOCIATES, INC., Plaintiff. VS. THE RADCO CONSTRUCTION CORP., GIANT FOOD STORES, INC., WARREN EVANKO and ERIC SIAS Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 2003-3002 ANSWERS TO INTERROGATORIES TO GARNISHEE To: Giant Food Store, Inc. 1149 Harrisburg Pike Carlisle, PA 17013 Garnishee: You must file with the court verified answers to the following interrogatories in attachment within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of the answers must be served on the undersigned. If your answer to any of the interrogatories is affirmative, specify the amount and value and/or completely describe the nature of the subject property. If your answer depends upon the review of any documents, account records, or other papers or electronic data, completely describe the same in exact detai]t (or attach a copy of the same). 1. a. At the time you were served with the foregoing, or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? ANSWER: No sums are presently due and owing to Radco as Radco has failed to fulfill the terms of its contract with Giant Food Stores ("Giant") by failing, among other things, to (1) complete the work; (2) correct defective and deficient work (:,) prowde warranttes, ( ) provide waivers and releases; and (5) discharge Mechanic's Lien claims. b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). ANSWER: Giant and Radco entered into a modified AIA Agreement between Owner and General Contractor and amended A201, General Conditions. 2. a. At the time you were served with the foregoing, or at any subsequent time, was there in your possession, custody, or control, money or property of any nature owned solely, or in part, by the defendant(s)? ANSWER: Upon information and belief, Radco is not entitled to any remaining sums under its agreement with Giant. Giant Food Stores ("Giant") is currently holding limited sums under its contract with Radco for the Royersford Store. Radco has not fulfilled its obligations under its contract with Giant and, accordingly, no sums are due Radco under the contract. By way of further response, a Notice of Levy has been received by Giant from the Internal Revenue Service relating to any funds which may be due Radco. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). ANSWER: See answer to Interrogatory No. 1. 3. a. At the time you were served with the foregoing, or at any subsequent time, did you hold legal title to property of any nature owned solely, or in part, by the defendant(s) or in which defendant(s) held or claimed any interest? ANSWER: See answers to Interrogatories Nos. 1 and 2 above. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). ANSWER: 2 4. a. At the time you were served with the foregoing, or at any subsequent time, did you hold as a fiduciary, money or property of any nature in which the defendant(s) had an interest? ANSWER: Giant does not hold any funds as a fiduciary. See answers to Interrogatories Nos. 1 and 2 above. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). ANSWER: 5. a. At the time you were served with the foregoing, or at any subsequent time, did the defendant(s) transfer or deliver money or property of any nature tc~ you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? ANSWER: No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). ANSWER: 6. a. At the time you were served with the foregoing, or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant or to any person or place pursuant to the defendant(s)' direction or otherwise discharge any claim of the defendant(s) against you? ANSWER: No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). ANSWER: 3 7. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature, to any person, entity, or place pursuant to the direction of, or undertaking for, the defendant(s), e.g., lease payments, loan payments'! ANSWER: No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). ANSWER: 8. a. At the time you were served with the foregoing, or at any subsequent time: did you have, share, or utilize any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by defendant(s)? ANSWER: No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). ANSWER: 9. a. Identify every account (not previously noted) titled in the name of defendant(s) in which you believe defendant(s) have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. ANSWER: No such accounts exist as described. 4 b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). ANSWER: McNEES WALLACE & NURICK LLC By /~i~ne 1~. ~/~k~-'~ky Attorney I.D. No. 44369 James W. K.utz Attorney I.D. No. 47245 100 Pine Sl~-eet P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Date: October 21, 2003 Attorney for Defendant Giant Food Stores, LLC 5 V"EI~ICATION Subject to thc penalties of 18 Pa. C-S.A. §4904 relating to unswom falsification to authorlties~ ! horcby certify that I am Thom W. Mcrntosh, Vice-President, Construction and Engineering, Giant Food Stores, J.,LC, and that the facts set fo~h :in the foregoing dooumcnt are truc and corrcct to th~ best of my information and beJSef. Dated: CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this 21st day of October, 2003, a tree and correct copy of the foregoing document was served via United States Midi, First Class, postage prepaid, upon the following individuals: H. Thomas Hunt, III Tara Mosier CURETON CAPLAN, P.C. 9508 Chester Ave. Deiran, New Jersey 08075 (Attomeys for Taburri Associates) The Radco Construction Corp. 29 Vansyckles Road Hampton, NJ 08827 Warren Evanko The Radco Construction Corp. 29 Vansyckles Road Hampton, NJ 08827 Eric Sias The Radco Construction Corp. 29 Vansyckles Road Hampton, NJ 08827 Jeffrey J. Chomko, Esquire WHITE and WILLIAMS LLP 1800 One Liberty Place Philadelphia, PA 19103-7395 (Attorneys for Radco Construction Corp.) TAMBURRI ASSOCIATES, 1NC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. THE RADCO CONSTRUCTION CORP., GIANT FOOD STORES, INC., WARREN EVANKO and ERIC SIAS, Defendant CIVIL ACTION NO. 2003-3002 OBJECTIONS TO REQUEST FOR PRODUCTION OF DOCUMENTS TO GARNISHEE GIANT FOOD STORES Giant Food Stores, ("Giant") by and through its attorneys, McNees Wallace & Nurick LLC, respond to PlaintifFs Request for Production of Documents to Garnishee as follows: GENERAL OBJECTIONS A. Giant hereby objects to each request to the extent that it purports to impose a duty that would exceed the scope of duties imposed by the Pennsylwtnia Rules of Civil Procedure. B. Giant objects to each request to the extent it purports to require the disclosure of any information protected by the Attorney/Client, Work Product or other applicable privilege or doctrine. C. Giant objects to PlaintifFs Requests to the extent that they seek information as readily available to Plaintiff as to Defendant. Giant objects to PlaintifFs Requests to the extent that they are cumulative and duplicative. E. Giant objects to PlaintifFs Requests to the extent that they purport to require Giant to gather and produce information from any agent or representative of Giant, or from any former officer, director, employee, or agent of Giant, on the ground that such a request is unduly burdensome, inconsistent with the Pennsylvania Rules of Civil Procedure, and not relevant to the claims or defenses of any party. SPECIFIC OBJECTION Giant specifically objects to Requests Nos. 1 through 25 on the grounds that they are unduly burdensome in light of the fact that on September 9, 2003, prior to the Plaintif£s initiation of its garnishment proceedings, the Internal Revenue Service issued a Notice of Levy in the mount of $247,018.01 upon Giant Food Stores, which amount exceed the judgment of Plaintiff. (A true and correct copy of the Notice of Levy is attached hereto and incorporated herein.) As to Objections: McNEES WALLACE & NURICK LLC By ' CDiane M.~5'kars~y Attorney I.I). No. 44369d~ James W. Kutz Attorney I.D. No. 47245 100 Pine Street P.O. Box 1~[66 Harrisburg, PA 17108-1166 (717) 232-8000 Date: December 17, 2003 Attorney for Defendant Giant Food Stores, LLC 2 Form 668-A(ICS) _(Ja, 2003) Department of the Treasury .- internal Revenue Service DA,E: 09109/2003 REPLY TO: Internal Revenue Service D. SCHMITT 200 SHEFFIELD STREET DIAMONDHEAD BUILDING MOUNTAINSIDE, NJ 07092 TO: GIANT FOOD STORES LLC ~'~ ';'; : PO BOX 249 CARLISLE, PA 17013 Notice of Levy TELEPHONE NUMBER OF IRS OFFICE: (908)301-2286 NAME AND ADDRESS OF TAXPAYER: RADCO CONSTRUCTION CORP PO BOX 5065 CLINTON, NJ 08809-0065 IDENTIFYING NUMBER(S): 22-2934105 RADC THIS IS NOT A BILL FOR TAXES YOU OWE. THIS IS A NOTICE OF LEVY WE ARE USING TO COLLECT MONEY OWED BY THE TAXPAYER NAMED ABOVE. Kind of Tax Tax Period Ended Unpaid Balance of Assessment Statutory Additions Total 941 12/31/2001 3206.48 4329.20 7535.68 941 06/30/2002 73949.98 13928.12 87878.10 941 09/30/2002 131246.79 9772.37 141019.16 940 12/31/2001 9837.34 747.73 10585.07 THIS LEVY WONq' A~rACH FUNDS IN IRAs, SELF-EMPLOYED INDIVIDUALS' RETIREMENT Total PLANS, OR ANY OTHER RETIREMENT PLANS IN YOUR POSSESSION OR CONTROL, Amount 247018.01 UNLESS IT IS SIGNED IN THE BLOCK TO THE RIGHT.================================ ~ Due We figured the interest and tare DavmP. nt The Internal Revenue Code provides that there is a lien for the amount that is owed. Although we have given the notice and demand required by the Code, the amount owed hasn't been paid. This levy requires you to turn over to us this rson' property (such as money, credits, and bank deposits) that you have or which you are alread,, obi~,o*~,~ ,~ ~p..e~,.. s prope~y and nghts !o us more than the "Total Amount Due." , ~ ,~,~u ,~, ~,oy u,lS person, mowever, don t send Money in banks, credit unions, savings and loans, and similar institutions described in section 408(n) of the Intemal Revenue Code must be held for 21 calendar day~ from the day you receive this levy before you send us the money. Include any interest the person earns during the 21 days. Turn over any other money, property, credits, etc. that you have or are already obligated to pay the taxpayer, when you would have paid it if this person asked for payment. Make a reasonable effort to identify a property and ri hts to roe bel ' · the taxpayer's name, address, and ident n n g P 'p dy ong~ng to th~s persor~. At a mm~mum, search your records usin us fy g. umb.e.r(s) shown on thru form. Don1 offset mone th s rson owe ' · g at the telephone number shown above for mstrucbons. You ma not su . y pe s you w~thout contactmg y btract a processmg fee from the amount you send us. To respond to this levy -- 1. Make your check or money order payable to United States Treasury. 2. Wdte the taxpayer's name, identifying number(s), kind of tax and check or money order (not on a detachable stub.), tax period shown on this form, and "LEVY PROCEEDS" on your 3. Complete the back of Part 3 of this form and mail it to us with your payment in the enclosed envelope. 4. Keep Part 1 of this form for your records and give the taxpayer Part 2 within 2 days. I f you don t owe any money 1o the taxpayer, p ease complete the back of Part 3, and mail lhat part back to us in the enclosed envelope. Signature of Service Representative Part 1 - For Addressee Catalog No. 35389E www.ils.qov Form 668-A(ICS) (1-2003) Sec. 6331. LEVY AND DISTRAINT. (b) Seizure and Sale of Properly -The term "levy" as used in this ti6e includes tbe power of disb-aint and seizure by any means Except as otherwise provided in subsection e, a levy shall extend on y o property possessed and obligations ex s ng at the time thereof. In any case in which the Secretary may levy upon properly or rights to property, he may se ze and sell such property or rights to property (whether real or personal, tangible or intangible). (c) Successive Selzures.-Whenever any proporty or right to property upon which levy has been made by virtue of subsection (a) is not sufficient to satisfy the claim of the United S a es for which levy is made, the Secretary may hereafter, and as often as may be necessary, proceed to evy in like manner upon any other property liable to levy of the person against whom such claim exists, until the amoun due from him together with all expenses, is fully paid. Sec. 6332. SURRENDER OF PROPERTY SUBJECT TO LEVY. (a) Requireroent.-Except as otherwise provided in this section, any person in possession of or obligated w h esbect ~o) property or dghts to property subject o levy upon which a levy has been made shall, upon demand of the Secretary, surrender such property or rights (o d scharge such obligation to the Secretary except such part of the property or rights as is. a he me of such demand, subject to an attachment or execution under any judicial process. (b) Special rule for Life Insurance and Endowment Contracts (1) In general.-A levy on an organization with respect to a life nsurance or endowment contract issued by such organization shall, without necessi y for the surrender of the contract document constitute a demand by the Secretary for paymen of the amount described in paragraph (2) and the exercise of the hght of the person against whom the tax is assessed o the advance of such amount. Such organization shall pay over such amount 90 days after service of notice of levy. Such notice shall include a cert ficat on by the Secretary that a copy of such notice has been mailed o he person aga nct whom the tax is assessed at his last known address. (2) Satisfaction of levy.-Such levy shall be deemed to be satisfied if such organization pays over to the Secretary he amount which the person against whom the tax is assessed could have had advanced o h m by such organization on the date prescribed in paragraph ) for the satisfaction of such evy increased by he amount of any advance ( nc ud ng coofrac ual nterest thereon) made to such person on or after the date scch o gan zation had actual notice or knowledge within the meaning of sec on 6323 (iX1)} of the existence of the lien with respect to which such levy is made, other than an advance including contractual interest thereon) made automatically o ma than such contract in force under an agreement entered into before such organization had such notice or knowledge. (3) Enforcement proceedings -The satisfaction of a levy under paragraph 2) shall be without prejudice o any civil action fo the enforcement of any lien imposed by this title with respect to such contract. (c) Special Rule for Banks.-Any bank (as defined in section 408(n)) shall surrender (subject to an attachmen or execution under judicial process) any deposits including interest thereon) in such bank only after 21 days after service of evy. (d) Enforcement of Levy. (1) Extent of personal liability.-Any person who fails or refuses to surrender any property or dghts to property, subject to levy, upon demand by the Secretary shall be liable in his own person and estate to the United Sta es n a sum equal to the value of the property or rights not so surrendered, but not exceedtag he amount of taxes for the co lecifon of which such evy has been made, together with costs and interest on such sum at the underpayment rate established under section 6621 from the date of such levy (or in the case of a levy described in section 6331 (d){3), from the date such per'on would otherwise have been obligated to pay over such amounts to the taxpayer) Any amount (other than costs) recovered under this paragraph sbe be credited agathst the tax iia bility for the collection of which such levy was made. (2) Penar!y for violation.-In add on to the personal liability imposed by paragraph 1) i~any be son requ red to surrender property or rights to property fatis or refuses to surrender such property or rights to property witbeta reasonable cause, such person shall be I ab e for a penalty equal to 50 percent of the amount recoverable under pa agraph 1 ) NO pert of such pena y shall be c edited against the tax liabili y for the collection of which such levy was made. (e) Effect of honoring levy.-Any person n possession of (or oblige ed with respect to) property or rights to property subject to levy upon which a levy has been made who upon demand by he Secretary, surrenders such property or rights to property (or d scharges such obligation) to the Secretary (or who pays a liobiJity under subsection d (1)), sha be discharged from any obligation or liability ta the delinquent taxpayer arm any other person wilh respect to such property or dghts to property arising from such surrender or payment. Sec. 6333. PRODUCTION OF BOOKS. If a levy has been made or is about to be made on any property, or right to property, any person having cus edy or control of any books or records, containing evidence or statemen s re ating to the property or dght to property subject to levy, shall, upon demand of he Secre ary, exhibit such books or records to the Secretary Excerpts from the Internal Revenue Code Sec. 6343. AUTHORITY TO RELEASE LEVY AND RETURN PROPERTY. (a) Release of Levy and Notice of Release- ( 1 ) In ~eneral.-Under regu ations prescr pad by the Secretary, the Secretary shall relea~e the iovy upon all or part o, the property or rights to propert levied .u~p~.n an.d :.hall promptly notify the person upon whom such evy was madYet rf an- (A) the liability for which such levy was made is satisfied or becomes B release of such levy wi facili a e the collection of such liability, {C) the taxpayer has ene ed n o an agreement under section 6159 to satisfy such liability by means of installmen payments, unless such agreement provides (D) the Secretary has determined that such levy is creating an economic hardship due to the financial condition of the taxpayer, or (E) the fair market value of he p operty exceeds such ab lity and release of the levy on a part of such property could be made without hindering the collection ol such liability. For purposes of subparagraph C), the Secretary is not required to release such (2) Expedited determination on certain business property,-In the case of any tangible personal property essential in carrying on he trade or business of tbe taxpayer, the Secretary shall provide for an expedited determination under paragraph 1 if levy on such tangible personal property would prevent (3) Subsequent levy.-The release of levy on any property under paragraph (1) shall not prevent any subsequent levy on such property. (b) Return of Property.-If tbe Sec etary determines hat property has been wrongfully levied upon, i sha be lawful for the Secretary to return- (1) the specific property levied upon, (3 an amountof money ~lua ~o he amount of money received by the Un ted Sta es from a sale of such property. Property ma~ be returned at any me An amount equal to the amount of money le~ led upon or received from such sale may be returned at any time before the expiration of 9 months from the date of such levy For purposes of paragraph (3), if p operty is declared purchased by the United States at a sale pursuant to section 6336(e) (relating to manner and conditions of sale), the United States shall be treated as having received an amount of money equal to the minimum price determined pursuant to such sectio~ or (if larger) the amount received by the United States from the resale of such property. (d) Return of Property in Certain Cases.-- (1) any property has been levied upon and (2) the Secretary de erin nas that- (A) the levy on such property was premature or otherwise not in accordance with administrative procedures oftbe Secretary. (B) the taxpa}~er has entered in o an agreemen under section 6159 to satisty the tax liability for which he levy was imposed provides otherwise, (C) the return of such property will facilitate the collection of the tax liability, or (D) with the consent of the taxpayer or the National Taxpayer Advocate, the return of such property would be in he best interesta of the taxpayer(as determined by the National Taxpayer Advocate) and the United States, the provision.~ of subsection (b) shall apply in the same manner as if such property had been wrongly levied upon, except that no interest shall be allowed under subsection (cl. Applicable Sections of Internal Revenue Code 6321. LIEN FOR TAXES. 6322. PERIOD OF LIEN. 6325. RELEASE OF LIEN OR DISCHARGE OF PROPERTY. 633t. LEVY AND DISTRAINT. 6332. SURRENDER OF PROPERTY SUBJECT TO LEVY. 6333. PRODUCTION OF BOOKS. 6334. PROPERTY EXEMPT FROM LEVY. 6343. AUTHORITY TO RELEASE LEVY AND RETURN PROPERTY. 7426. CIVIL ACTIONS BY PERSONS OTHER THAN TAXPAYERS. 7429. REVIEW OF JEOPARDY LEVY OR ASSESSMENT PROCEDURES. For roore information about this notice, please call the phone nurober on the front of this form. Form 668-A(ICS) (1-2003) CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this 17th day of December, 2003, a tree and correct copy of the foregoing document was served via United States Mail, First Class, postage prepaid, upon the following individuals: H. Thomas Hunt, III, Esq. Tara Mosier, Esq. CURETON CAPLAN, P.C. 9508 Chester Ave. Deiran, New Jersey 08075 (Attorneys for Taburri Associates) The Radco Construction Corp. 29 Vansyckles Road Hampton, NJ 08827 Warren Evanko The Radco Construction Corp. 29 Vansyckles Road Hampton, NJ 08827 Eric Sias The Radco Construction Corp. 29 Vansyckles Road Hampton, NJ 08827 Jeffrey J. Chomko, Esquire WHITE and WILLIAMS LLP 1800 One Liberty Place Philadelphia, PA 19103-7395 (Attorneys for Radco Construction Corp.) · _ Diane~iV~.Tokarsky ~ Tamburri Associates Inc. vs Radco Construction Corp. Writ of Execution Docket No. 2003-3002 Civil Term OF THc f'FSnY,~,;, ~'.CT~~~f 2009 SEP 1 I ~+~ ~= ~ ~ CUM~'..,_ .,~{~q{:elf+':.,[~t/U~iY R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken in the last six months. Sheriff s Costs: Docketing $18.00 Surcharge 30.00 Garnishee 9.00 Levy 20.00 Mileage 3.45 Law Library .50 Prothonotary 1.00 Poundage 1.64 $83.59 / 9/i~lo9 So Answers: '~-~• R. Thomas Kline, Sheriff 1 BY '~ Sergean Cv- 1• ~ ~ ~- 5 ~ 7~ xy7