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Home My WebLink About08-2954COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY /? Plaintiff No. OS - ag54 CjVi l -(&1w vs. THOMAS CONSTRUCTION ASSOCIATES, INC. CIVIL ACTION Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND SS ATES, P.C. By: Ron d Ama , Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY No p g -.2 q s-q, C?j T? Plaintiff VS. THOMAS CONSTRUCTION ASSOCIATES, INC. CIVIL ACTION Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $20,815.82, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY is located at PO Box 2257, Harrisburg PA 17105-2257. 2. The Defendant, THOMAS CONSTRUCTION ASSOCIATES, INC. is located at 155 Ken Lin Drive, Carlisle PA 17013-9753. COUNTI 3. At the special instance and request of Defendant, Plaintiff issued its various policies of insurance, naming Defendant as the insured, as fully described in the attached Statement of Account, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". Due to the voluminous nature of the policies Plaintiff has not attached the policies to the complaint. Each policy will be produced if requested by Defendant. 4. The above policies became operative and in full force and continued as such until later canceled, the respective dates of issuance and cancellation are more fully described in attached Exhibit "A". 5. The Defendant was provided copies of all of the above policies at the inception of each policy. 6. Pursuant to the terms and conditions of said policies, Defendant was required to pay earned premiums in the amount of $66,297.00, all of which were calculated in accordance with the policies as set forth herein: Policy Term 7/1/2004-7/1/2005 CL901004445 Commercial Liability WC90100445 Workers' Compensation Policy Term 7/1/2005-11/27/2005 CL901004445 Commercial Liability WC90100445 Workers' Compensation UL90100445 Commercial Umbrella Policy Premium $12,461.00 $30,764.00 Policy Premium $5,226.00 $12,973.00 $408.00 Amount Owing $3,518.00 $7,593.00 Amount Owing $2,288.34 $5,163.12 $102.54 7. Defendant has failed to pay earned premiums in the amount of $18,665.00, all of which were calculated in accordance with the policies as set forth herein: 8. Plaintiff has performed and complied with all terms and conditions required under said policies. 9. Plaintiff is entitled to receive interest on the above amount determined by applying the statutory interest rate of 6.00% per annum to the past due balance. As of February 12, 2008 the total amount of interest due to Plaintiff is $2,150.82. 10. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from February 12, 2008 on down to the date of judgment in this matter. 11. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant has failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $20,815.82 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from February 12, 2008, costs of suit and all other relief to which Plaintiff is entitled. AMATO AND ASSOCIATES, C. By: Ronald A sq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM PENV NAmoNAL w INSURANCE DirW Bm Services P.O. Box 2257 Hsmsbucg, PA 17105-2257 DATE: 04/13/06 REF: Thomas Construction 0607001819 Below is a premium breakdown showing payment history for this account. Policy terms effective 07/01/04 to 07/01/05 AU90100445 $2328.00 CL90100445 $12461.00 UL90100445 $1000.00 WC90100445 $30764.00 Policy terms effective 07/01/05 to 11/27/05 AU90100445 CL90100445 UL90100445 WC90100445 Installment fees charged these terms payment(s) allocated to these terms 06/21/04 07/29/04 09/30/04 11/08/04 11/30/04 12/07/04 01/06/05 04/07/05 04/28/05 08/09/05 09/29/05 12/07/05 $1069.00 $5226.00 $408.00 $12973.00 $68.00 $66297.00 $307.86 $7434.14 $3594.21 $519.00 $4118.79 $5101.96 $1581.21 $2960.04 $6762.79 $9441.00 $2713.00 3098.00 $47632.00 balance due on the account $18665.00 VERIFICATION 4 /o??Q'L ?? c? /?,etz Dowd ?• V?IA,?CM/? hereby states that@she is the of Pennsylvania National Mutual Casualty Insurance Company, Plaintiff in this action, and verifies that the statements made in the attached document are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. C? C' 00 d < -? FMM tC? -0 N 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02954 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA NATIONAL MUTUAL VS THOMAS CONSTRUCTION ASSOC INC DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE THOMAS CONSTRUCTION ASSOCIATES INC was served upon DEFENDANT the at 1936:00 HOURS, on the 27th day of May / 2008 at 155 KEN LIN DRIVE CARLISLE, PA 17013-9753 RICHARD THOMAS, OWNER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 .00 41cvfes ? 38.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 05/28/2008 AMATO & ASSOCIATES By: Deputy S riff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Plaintiff VS. No. 08-2954 Civil THOMAS CONSTRUCTION ASSOCIATES, INC. CIVIL ACTION Defendant NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $21,232.14 ON , 2008. ( 1 A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CUMBERLAND COUNTY If you have any questions concerning the above, please contact the undersigned. AMATO AND ASSOCIATES, P.C. By: n d Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Plaintiff No. 08-2954 Civil C7 VS. ?v 2 0 ?.y xr ; co -n r .., THOMAS CONSTRUCTION ASSOCIATES, INC. r -- n CIVIL ACTION -gym n? e_- j C7 Defendant r1o PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment by default for want of an answer in favor of Plaintiff and against the above-named defendant(s) only and assess damages as follows: Debt $20,815.82 Interest (from February 12, 2008 to July 1, 2008 at 6.00% per annum) 416.32 Payments Total $21,232.14 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Pursuant to RCP 237. 1, 1 certify that a copy of the annexed written notice(s) of intention to file this praecipe was mailed or delivered to all parties against whom judgment is to be entered and to their attorney of record, if any, after the default occurred, and at least ten days prior to the date of filing of this praecipe. Please note that said notice was mailed to all parties on June 18, 2008. Dated: 2008 AMATO AND ASSOCIATES, P.C. By: o Id Amato, Esq., Atty ID #32323 ichael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 2072442 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Plaintiff No. 08-2954 Civil vs. THOMAS CONSTRUCTION ASSOCIATES, INC. Defendant CIVIL ACTION CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: PO Box 2257 Harrisburg PA 17105-2257 I do certify that the precise last known address of the within named defendant is: 155 Ken Lin Drive Carlisle PA 17013-9753 AMATO AND ASSOCIATES, P.C. By: nald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Plaintiff No. 08-2954 Civil VS. THOMAS CONSTRUCTION ASSOCIATES, INC. Defendant(s) TO: Thomas Construction & Associates, Inc. 155 Ken Lin Drive Carlisle PA 17013-9753 Date of Notice: June 18, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 AMATO ND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File# 2072442 72- O F? t0 C C= ' c_ rn -ri I" a, r ro A s° w ? 6 `' `mac Ei ro c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA y.. CIVIL ACTION - LAW PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE Plaintiff No. 08-2954 Civil VS. PRAECIPE FOR WRIT THOMAS CONSTRUCTION ASSOCIATES, INC. EXECUTION 156 14en Lin Drive (MONEY JUDGMENT) 0ar'lis1e PA 1'7013 Defendant(s) To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) All cash on hand or in the possession of the defendant(s) accounts receivables furniture furnishinas, equipment, inventory, tools, vehicles electronic equipment anv and all other personal property belonging to the above- named defendant(s). (2) against THOMAS CONSTRUCTION ASSOCIATES, 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 the property) (5) Amount Due $ 21,232.14 Statutory Interest From July 9, 2008 $ 586.45 Less Payment $ 0.00 Costs $ Poundage $ Total $ 21,818.59 AMATO AND ASSOCIATES, P.C. By: Date:December 23, 2008 Ronald Amato Attorney I.D. No. 32323 Attorney File#: 2072442 Attorneys for Plaintiff 4A- -3 La% .? t4 Q?O 8 ° 'p v r-a ,` N v ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE Plaintiff No. 08-2954 Civil VS. THOMAS CONSTRUCTION ASSOCIATES, INC. CIVIL ACTION Defendant(s) CERTIFICATION OF DEFENDANT(s) ADDRESS FOR SERVICE do certify that the precise last known address of the within named defendant(s) is the address provided below, and request that the Sheriff serve the above named defendant(s) at: 155 Ken Lin Drive Carlisle PA 17013-9753 AMATO AND ASSOCIATES, P.C. By: Dated:December 23. 2008 Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff Attorney File #:2072442 -r? T? f'?J r ?; ?C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2954 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE, Plaintiff (s) From THOMAS CONSTRUCTION ASSOCIATES, INC., 155 Ken Lin Drive, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell all cash on hand or in the possession of the defendants, accounts receivables, furniture, furnishings, equipment, inventory, tools, vehicles, electronic equipment, any and all other personal property belonging to the named defendants. (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 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 $21,232.14 Interest from 7/09/08 -- $586.45 Atty's Comm % Atty Paid $157.00 Plaintiff Paid Date: 1%021'09 L.L. $.50 Due Prothy $2.00 Other Costs Gdrtis R. Lo o onot (Seal) By: Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: AMATO AND ASSOCIATES, PC 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone : 610-866-0400 Supreme Court ID No. 32323 i R. Thomas Kline, Sheriff, who being duly sworn according to laws sues _- ; this writ is returned SATISFIED. f SHERIFF "? T Y, N 1609 JAN - I P 2: 5u Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 424.64 .50 2.00 4.50 20.00 20.00 c 489.64 Pd by Defendant So Answers;;,,: T " R. Thomas Kline, Sheriff Nalt? BL Claudia A. Brewbaker w r r. l? l? 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ONI `SII.LVI00SSV N0LL3jj-dLSN00 SVLIIOH.L uco.tg (s) mouleld `H3KvHf1SNI A,LIVIISVO 'IVII LIILII IVNOI.LVN VINVA'IASNNIId anp slsoo put? lsa.talui `Igop agl XIsiles oZ :A.LNIl00 QNVIM39 1 a 30 ,4AFE HS HH101 AW1- NOL 0V IIAID (QNV'I2IggW17J 30 A LNfAOj IiAlO 17S6Z-80 ON (VlNVA-lASNNgd JO HL"IVgMNOWWOJ DISTRIBUTION ATTY FOR PLTFF: Ronald Amato WRIT NO. 2008-2954 Civil Pennsylvania National Mutual Casualty Insurance -vs- Thomas Construction & Associates, Inc. Real Debt $ 21,232.14 Interest 586.45 Attorney's Comm. Writ Costs, Atty 157.00 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 21,975.59 Sheriff's Costs: Docketing $ 18.00 Poundage 424.64 Posting Sale Bills Law Library .50 Prothonotary 2.00 Service 4.50 Postage Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee --Levy TOTAL $ 489.64 Defendant Paid to Sheriff $ 22,465.23 Advance Costs 150.00 Total Collected $ 22,615.23 DISTRIBUTION Pd. To Pltff. $ 21,975.59 Refund of Adv. Costs 150.00 Pd. To Prothonotary 2.50 So Answers: ?';R?#E?aa?sii Sheriff B..?? IN TI`IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE Plaintiff VS. No. 08-2954 Civil THOMAS CONSTRUCTION ASSOCIATES, INC. CIVIL ACTION Defendant(s) : PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment entered in the above-captioned case. AMATO AND ASSOCIATES, P.C. By: Ron d Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM' R? fii 8 4 rv ` w i =sa