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
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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