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HomeMy WebLinkAbout08-3299 ABC Supply - Reading vs Z Best Construction, Inc. - Transcript of Judgment page 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION ABC SUPPLY - READING, Plaintiff, vs. Z BEST CONSTRUCTION, INC., Defendant. CERTIFICATE OF ADDRESSES See Attached CIVIL ACTION - LAW No. _ qq O-Avi I P m CERTIFIED COPY OF MAGISTERIAL DISTRICT JUDGE'S JUDGMENT Filed on Behalf of Plaintiff, ABC SUPPLY - READING COUNSEL OF RECORD FOR THIS PARTY: John R. Keating, Esquire PA I.D. No. 52779 Cheryl L. Esposito, Esquire PA I.D. No. 55952 KEATING & ESPOSITO, P.C. 4232 Northern Pike, Suite 202 Monroeville, PA 15146 (412) 856-8484 Phone (412) 856-4444 Fax NOTICE OF JUDGMENT/TRANSCRIPT COMMONWEALTH OF PENNSYLVANIA CIVIL. CASE COUNTY OF CUI13ERLAW Mag. Dist. No.: 09-2-01 PLAINTIFF: NAME and ADDRESS rABC SUPPLY - READING MDJName: Hon. 4232 NORTHERN-PIKE APT/STB 202 PAULA.P. CORRRAL C/O KEATZNG &'ESPOSITO Address; 2260 SPRING' "RD SUITS #3 ILOpROSVILLZ PA 15146 J CARLISLE, PA -vs. DEFENDANT. NAME and ADDRESS • (717? 218=5250 17013-0000 Telepnorc rZ BEST CONST1L7rTI0N; INC. ATTORNEY FOR PLAINTIFF CARLISLE `41: 17013 L J JOHN R. SEATING 4232 NORTHERN PIKE Docket No.: CV-0000200-07 MONROEVILLE, PA 15146 Date Filed: 12/17/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF in the amount of $ ' 4/14/08 ® ment was entered for: Jud (Name) ABC SUPPLY - READING g ® Judgment was entered against: 2 (Name) 710 8 Z BEST CONSTRUCTION, INC. Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 2,592.80 $ 118.08 $ .00 $ U0 $-21710.881 Certified Judgment Total $ 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /?/- U & Date AOPC 315-07 (Date of Judgment) , Magisterial District Judge DATE PRINTED: 5/20/08 12:58:00 PM My commission expires first Monday of January, 2012 SEAL ABC Supply - Reading vs Z Best Construction, Inc. - Transcript of Judgment page 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION ABC SUPPLY - READING, ) CIVIL ACTION - LAW Plaintiff, ) No. vs. ) Z BEST CONSTRUCTION, INC., ) Defendant. ) CERTIFICATE OF ADDRESSES I, the undersigned counsel do hereby certify that the last known address of the parties hereto are as follows: Plaintiff: ABC SUPPLY - READING 2591 Centre Avenue Reading, PA 19605 Defendant: Z BEST CONSTRUCTION, INC. 10 Gordon Drive Carlisle, PA 17013 Join R. Keating, Esquire Q' 9u cn - L IF7 to -V v C,.i -C ABC Supply - Reading vs Z Best Construction, Inc. - Transcript of Judgment page 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION ABC SUPPLY - READING, Plaintiff, vs. Z BEST CONSTRUCTION, INC., Defendant. CIVIL ACTION - LAW No. 08 0'W'%l lerwt NOTICE OF ORDER, DECREE OR JUDGMENT TO: Z BEST CONSTRUCTION, INC. 10 Gordon Drive Carlisle, PA 17013 ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby noticed that an Order, Decree or Judgment was entered in the above captioned proceeding on LAM" J71 4001? ( ) A copy of the Order or Decree is enclosed; or (X) The judgment is as follows: $2,710.88 plus costs -- P OL)o rn r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION ABC SUPPLY - READING, Plaintiff, vs Z BEST CONSTRUCTION, INC., Defendant and COMMERCE BANK Garnishee CIVIL ACTION - LAW No. 2008 - 03299 MONEY JUDGMENT PRAECIPE FOR WRIT OF EXECUTION Filed on Behalf of Plaintiff ABC SUPPLY - READING COUNSEL OF RECORD FOR THIS PARTY ,/John R. Keating, Esquire PA I.D. No. 52779 Cheryl L. Esposito, Esquire PA I . D. 55952 Keating & Esposito, P.C. 4232 Northern Pike, Suite 202 Monroeville, PA 15146 412-856-8484 phone 412-856-4444 fax a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION ABC SUPPLY - READING, Plaintiff, vs Z BEST CONSTRUCTION, INC., Defendant, and COMMERCE BANK, Garnishee CIVIL ACTION - LAW No. 2008 - 03299 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: (1) Directed to the Sheriff of Cumberland County (2) Against Defendant Z Best Construction, Inc. 10 Gordon Drive, Carlisle, PA 17013. (3) Against Garnishee Commerce Bank 20 Noble Boulevard, Bldg #1 Carlisle, PA 17013 any and all accounts. (4) Amount Due: $2,710.88 6% interest from May 27, 2008 $ 24.41 TOTAL $2,735.29 E Respectfully submitted, Keating & Esposito, P.C. 00 w F- 00 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3299 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABC SUPPLY-READING, Plaintiff (s) From Z BEST CONSTRUCTION, INC., 10 Gordon Drive, Carlisle, PA 17013 (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 GARNISHEE(S) as follows: COMMERCE BANK, 20 Noble Boulevard, Bldg #1, Carlisle, PA 17013 Any and all accounts. 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 $2,710.88 Interest 6% INTEREST FROM 5/27/08 - $24.41 Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 8/07/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs LLA" ?e II-s-t 61 Long, Prothonotary By: LAI In Deputy REQUESTING PARTY: Name JOHN R. KEATING, ESQUIRE Address: KEATING & ESPOSITO, PC 4232 NORTHERN PIKE, SUITE 202 MONROEVILLE, PA 15146 Attorney for: PLAINTIFF Telephone: 412-856-8484 Supreme Court ID No. 52779 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-03299 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND ABC SUPPLY-READING VS Z BEST CONSTRUCTION INC And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:19 Hours, on the 13th day of August , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT Z BEST CONSTRUCTION INC hands, possession, or control of the within named Garnishee COMMERCE BANK 20 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KRISTIN EGOLF (ASST MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . in the true and made Sheriff's Costs: ? So answer '?C .?? Docketing .00 Service .00 ,,( ,p$ Affidavit .00 do R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 .00 08/14/2008 Sworn and Subscribed to before me this day of By pu y S eriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION ABC SUPPLY - READING, Plaintiff, vs Z BEST CONSTRUCTION, INC., Defendant, and COMMERCE BANK, Garnishee CIVIL ACTION - LAW No. 2008 - 03299 Aytsoers *f : PLAINTIFF'S INTERROGATORIES IN ATTACHMENT EXECUTION TO: Commerce Bank 20 Noble Boulevard, Bldg #1 Carlisle, PA 17013 You are required to answer the following interrogatories about the defendant located at 10 Gordon Drive, Carlisle, PA 17013 1, At the time you were served, or at any subsequent time, did you owe the Defendant(s) any money, or were you liable to them on any negotiable or other written instrument, or did-they claim that you owed them any money or were liable to them for any reason? If yes, please describe the nature of and amount of the obligation. Defendant had account 537777450 with a balance of $0.00. Defendant did not receive $300 exemption. 2. At the time you were served, or at any subsequent time, was therein your possession, custody or control, or in joint possession, custody or control of See answer to question 1 yourself or others, any property of any nature owned solely or in part by the Defendant(s)? If yes, please list and describe the property. 3. At the time you were served, or any subsequent time, did you hold legal title to any property or any nature owned solely or in part by the Defendant(s)? If yes, please list and describe the property. No 4. At the time you were served, or at any subsequent time, did you hold as fiduciary any property in which the Defendant(s) had an interest? If yes, please list and describe the property. No 5. At any time before or aver you were served, did the Defendant(s) transfer or deliver any property to you or to any person, or place pursuant to your directions or consent? If yes, what was the consideration therefore? No I., 6. At any time after you were served, did you pay, transfer, or deliver any money or property to the Defendant(s) or to any person or place pursuant to their direction, or otherwise discharge any claim of the Defendant(s) against you? No 7. At the time you were served did any of the Defendant(s) have a checking or other account with you? If so, what was the balance in said account of that day and what is the balance there in of the day of your Answer hereto? See answer to question 1 P.C BY: Mor ey for Plaintiff 42 Northern Pike, Suite 202 onroeville, PA 15146 (412)856-8484 phone (412-856-4444 fax VERIFICATION The undersigned does hereby verify subject to the Penalties ' to unworn falsifications to authorities, that he/she of 18 PA, C.S. § 4904 relating is Jennifer Hilbish Lev s ecialist dame) (Title) of Commerce Bank/Harrisbur (Com N'A•? garnishee herein, that he/she duly authorized tomake this verification, and that the facts set forth in the fo Answers to Interrogatories are true and correct to the be regoing belief. best of his/her knowledge, information and N 7r- i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION ABC SUPPLY - READING Plaintiff, vs. Z BEST CONSTRUCTION, INC., Defendant. And COMMERCE BANK, Garnishee. CIVIL ACTION - LAW No. 2008-03299 PRAECIPE TO DISCONTINUE AS TO GARNISHEE ONLY Filed on Behalf of Plaintiff, ABC SUPPLY - READING COUNSEL OF RECORD FOR THIS PARTY: John R. Keating, Esquire PA I.D. No. 52779 Cheryl Esposito Kaufman, Esquire PA I.D. No. 55952 KEATING & ESPOSITO,P.C. 4232 Northern Pike, Suite 202 Monroeville, PA 15146 (412) 856-8484 Phone (412) 856-4444 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION ABC SUPPLY - READING, Plaintiff, vs. Z BEST CONSTRUCTION, INC., Defendant, And COMMERCE BANK, Garnishee. CIVIL ACTION - LAW No. 2008-03299 PRAECIPE TO DISCONTINUE AS TO GARNISHEE ONLY TO THE PROTHONOTARY: Please discontinue the captioned matter as to the Garnishee, COMMERCE BANK Only and marked it off of the docket. Sworn to and Subscribed Before me thisa"dday of September, 2008. Respectfully submitted, KEATING-ESPOSITO, P.C. 040" F_50'ffi?f Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lori E. Beatty, Notary Public Monroeville Boro, Allegheny County My Commission E)ires Nov. 30, 2011 Member. Pennsylvania Association of Notaries BY: Jo R. Keating, Esquire for Plaintiff CERTIFICATE OF SERVICE I, the undersigned counsel do hereby certify that a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE AS TO GARNISHEE ONLY was served this day of September, 2008 by U.S. mail, first class, postage prepaid to the Garnishee and to the Defendant addressed as follows: Z Best Construction, Inc. 10 Gordon Drive Carlisle, PA 17013 Commerce Bank Attn: Jennifer Hilbish 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 A O { „p 7rr c r 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: Docketing Poundage Law Library Prothonotary Mileage Surcharge Levy Postage Garnishee 18.00 1.71 .50 2.00 5.00 30.00 20.00 .88 9.00 87.09 ? ??ns/°9 Advance Costs: 170.00 Sheriff s Costs: 87.09 87.91 Refunded on 06/04/09 So Answers, R. omas Kline, Sheriff B Sharon R. Lantz N cm ?fT"k r C %D Q 93 -b d I I qny ow C7 C? 1 9 9.z WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3299 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABC SUPPLY-READING, Plaintiff (s) From Z BEST CONSTRUCTION, INC., 10 Gordon Drive, Carlisle, PA 17013 (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 GARNISHEE(S) as follows: COMMERCE BANK, 20 Noble Boulevard, Bldg #1, Carlisle, PA 17013 Any and all accounts. 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 $2,710.88 Interest 6% INTEREST FROM 5/27/08 - $24.41 Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 8/07/98 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name JOHN R. KEATING, ESQUIRE Address: KEATING & ESPOSITO, PC 4232 NORTHERN PIKE, SUITE 202 MONROEVILLE, PA 15146 By: Deputy Attorney for: PLAINTIFF Telephone: 412-856-8484 Supreme Court ID No. 52779