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Home My WebLink About10-2314h KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: JUSTIN A. BAYER, ESQUIRE ATTORNEY I.D. #93546 510 Swede Street ATTORNEY FOR CLAIMANT, Norristown, PA 19401 Mid South Building Supply (610) 275-2000 MID SOUTH BUILDING SUPPLY, INC. CUMBERLAND COUNTY 7940 Woodruff Court COURT OF COMMON ,EA$ ' Springfield, VA 22151'.' Claimant - ?? V. t L? DOUGHERTY HOME IMPROVEMENTS, INC.: -`' 4345 A Carlisle Pike Camp Hill, PA 17011 and GERRY W. DOUGHERTY 1188 Church Road Newport, PA 17074 No. ID -X31 V; l T" Respondent PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT AND ASSESS DAMAGES Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 P.A. Cons. Stat. Ann. § 4306, kindly file and index the attached exemplified and certified docket entries and judgment entered in the Circuit Court of Fairfax County, Virginia, in an action captioned Mid South Building Supply, Inc. v. Dougherty Home Improvements, Inc. and Gerry W. Dougherty, and assess damages in favor of the plaintiff, Mid South Building Supply, Inc., and against the defendants, Dougherty Home Improvements, Inc. and Gerry W. Dougherty, as follows: Amount of Foreign Judgment TOTAL $41,787.10 $41,787.10 KANE, PU , KNOELL, TROY & KRAMER, LLP BY: JUS A. . BAYER, ESQUIRE Attorney for Plaintiff aes assessed and judgment entered as above: Da2- Prothonotary +aq.00 po ATW CX 173(05 e a1 q 003T N0 u04de1 ? o? JWEALTH OF VIRGINIA OF FAIRFAX To wit: I, John T. Frey, Clerk of the Circuit Court of Fairfax County, Virginia, the same being a Court of Probate and of Record and having a seal, do ereby certify that the foregoing and hereunto annexed paper is a true and complete copy of Abstract of Judgment rendered in the FAIRFAX CIRCUIT COURT on the 10/14/2009, in the case MID SOUTH BUILDING SUPPLY INC versus DOUGHERTY HOME IMPROVEMENTS INC and GERRY W. DOUGHERTY. Now on file and of record n my office. TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of the said Court hereto, at Fairfax, Virginia this: 13TH Y OF NOVEMBER, 2009 Clerk's ignature qWEALTH OF VIRGINIA OF FAIRFAX To wit: I, Bruce D. White, Judge of the Circuit Court of Fairfax County, Virginia, the same being a Court of Probate and of Record, do hereby certify t it John T. Frey, whose genuine signature appears signed to the foregoing and hereunto annexed certificate and thereon written, was, at the datr, thereof, and is now, the Clerk of said Court, duly elected, qualified and authorized under the laws of said State to give the same, and all his official acts as such Clerk are entitled to fiill, faith and credit; and that the said certificate is in due form of law and by the proper officer. further certify that I am well acquainted with the handwriting of said John T. Frey, Clerk as aforesaid, and that his said signature to the foregoing and hereunto annexed certificate is his usual and genuine signature. If NI/ 4. L, a_ Judge's Signature COMMONWEALTH OF VIRGINIA COUN OF FAIRFAX To wit: I, ohn T. Frey, Clerk of the Circuit Court of Fairfax County, Virginia, the same being a Court of Probate and of Record and having a Seal, do ereby certify that the Honorable Bruce D. White, whose genuine signature appears signed to the foregoing certificate and thereon written, as at the date thereof, and is now, the Judge of said Court and County, duly elected, qualified and authorized under the laws of the State of Virginia to give the same, and that all of his official acts as such Judge are entitled to full faith and credit. I er certify that I am well acquainted with the handwriting of the said, Bruce D. White, Judge, as aforesaid, and that the signature to the sai Certificate is his usual and genuine signature. TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of the said Court hereto, at Fairfax, Virginia this: 13TH D Y OF NOVEMBER, 2009 Z Clerk's ignature A?bsf`ract of Judgment Fairfax Circuit Court ID SOUTH BUILDING SUPPLY INC .......................................................................................................... aintiff Name Case No.: CL-2009-0014817 ........................................................ Judgment No.: 466209 FAIRFAX CIRCUIT COURT Where Rendered Yes vs DOUGHERTY HOME IMPROVEMENTS INC Yes ............. ......................................................................................................................................................... Firm Defendant Name Firm SSN/ID DOB 4345 A CARLISLE PIKE CAMP HILL PA 17011 ............................................................................................................................................................ Address DOUGHERTY, GERRY W No ......................................................................................................................................................... Defendant Name Firm SSN/ID DOB 1188 CHURCH ROAD NEWPORT PA 17074 .......................................................................................................................................... Address 0/14/2009 10/14/2009 10:57:07 AM ..................................................... .......................................................................... ate of Judgment Docket DatetTime Plaintiff Attomey Name ] Homestead ............................................................. Closed Defendant Attorney Name 4 ,787.10 WITH INTEREST AT 2% PER MONTH FROM 10/14/2009 UNTIL PAYMENT, AND THE COSTS OF T IS PROCEEDING, INCLUDING 30% ATTY FEES; CONFESSION OF JUDGMENT ........................................................................................................................................................................................ ....... ....................................................................................................................................... Judgment Description I certify that above to be a true abstract of a judgment docketed in this court. 1 jib t5 O Deputy Clerk: "Zze-'w 2?1 )ez' KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: JUSTIN A. BAYER, ESQUIRE ATTORNEY I.D. #93546 510 Swede Street Norristown, PA 19401 (610) 275-2000 ATTORNEY FOR CLAIMANT, Mid South Building Supply, Inc. MID SOUTH BUILDING SUPPLY, INC. 7940 Woodruff Court Springfield, VA 22151 Claimant V. DOUGHERTY HOME IMPROVEMENTS, INC. : 4345 A Carlisle Pike Camp Hill, PA 17011 and GERRY W.DOUGHERTY 1188 Church Road Newport, PA 17074 Respondent CUMBERLAND COUNTY COURT OF COMMON PLEAS "ZI C9 t?7 - I J cr No. 16-a•,31y CA., AFFIDAVIT OF VALIDITY OF FOREIGN JUDGMENT AND NAMES AND ADDRESSES OF PARTIES Justin A. Bayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, Mid South Building Supply, Inc., is authorized to make this affidavit on its behalf; and that, to the best of his knowledge, information and belief: 1. The names of the judgment debtors are Dougherty Home Improvements, Inc. and Gerry W. Dougherty. 2. The last known post office address of judgment debtor, Dougherty Home Improvements, Inc. is 4345 A. Carlisle Pike, Camp Hill, PA 17011. 3. The last known post office address of judgment debtor, Gerry W. Dougherty, is 1188 Church Road, Newport, PA 17074. 4. The name of the judgment creditor is Mid South Building Supply, Inc. 5. The last known post office address of the judgment creditor is 4345 A Carlisle Pike, Camp Hill, PA 17011. 6. The judgment in favor of plaintiff, Mid South Building Supply, Inc. and against defendants, Dougherty Home Improvements, Inc. and Gerry W. Dougherty, entered in the total sum of $41,787.10 plus costs due on the judgment and attorney's fees that was entered in the Circuit Court of Fairfax County, Virginia, less a $5,000 payment made on N544:56 satisfied as of this date. *P`aQ Qi December 15, 2009, is valid, enforceable, and KANE, PUG , KNOELL, TROY & KRAMER, LLP i? r G y9L 1 4, CY BY: JUST A. BAYER, ESQUIRE Attorn v for Plaintiff SWORN to and subscribed before me this y,? 1 day o , 2010 ALTH OF PENNSYLVnnI NOTARIAL SEAL ANNETTE M. ROLON, Notary Public Towamencin Twp., Montgomery County f,&, cnmmission Exoires June 8, 2011 KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: JUSTIN A. BAYER, ESQUIRE ATTORNEY I.D. #93546 510 Swede Street Norristown, PA 19401 (610) 275-2000 ATTORNEY FOR CLAIMANT, Mid South Building Supply MID SOUTH BUILDING SUPPLY, INC. 7940 Woodruff Court Springfield, VA 22151 V. DOUGHERTY HOME IMPROVEMENTS, INC. : 4345 A Carlisle Pike Camp Hill, PA 17011 and COMMERCE BANK 3201 Trindle Road Camp Hill, PA 17011 Garnishee CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10 - aSIq ?silclp-'N PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: N o a Issue a writ of execution in the above matter. u' o < (1) directed to the Sheriff of CUMBERLAND COUNTY, (2) against Dougherty Home Improvements, Inc., 4345 A Carlisle Pike, Camp Hill, PA 17011, Defendant; and (3) against Commerce Bank, 3201 Trindle Road, Camp Hill, PA 17011, Garnishee; (4) and index this writ (a) against Dougherty Home Improvements, Inc. as defendant(s) and (b) against Commerce Bank, garnishee(s), as a lis pendens against real property of the defendant in the name of the garnishee as follows: Please attach all personal property capable of attachment under the Rules of Civil Procedure (including deposit accounts held for, and the contents of safety deposit boxes leased to), the Defendant, or in which the Defendant claims an interest, and which are in the possession, custody or control of the Garnishee. 44 - PD A-TTY (if space insufficient attach extra sheets) a4. OaF 01- do (5) Amount of Foreign Judgment $41,787.10 510.0 - PO a-M Costs due on Foreign Judgment Interest at 2% per month from 10/14/09 until 12/15/09 $ 1,688.20 $a' oo bt*0 # 1734PS ea400 35 1 Date: 4-1 /5-//j Interest on Judgment from 12/15/09 - 3/1/10 $ 1,486.20 Attorney's Fees Calculated at 30% Pursuant to Confession of Judgment Agreement $12,536.13 Less Credit of $5,000 for funds received on 12/1/09 $ 5,000.00 TOTAL $52,497.63 Costs to be added (Prothonotary) $ Costs to be added (Sheriff) $ TOTAL: KANE, S KNOELL, TROY & KRAMER, LLP By:___j Just Mid ayer, Esquire - Attorney for Plaintiff, Building Supply, Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2314 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID SOUTH BUILDING SUPPLY, INC., Plaintiff (s) From DOUGHERTY HOME IMPROVEMENTS, INC., 4345 A Carlisle Pike, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all property . (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, 3201 Trindle Road, Camp Hill, PA 17011 Attach all personal property capable of attachment under RC, (including deposit accounts held for, and the contents of safety deposit boxes leased to), the Defendant, or in which the Defendant claims an interest, and which are in the possession, cutody or control of the Garnishee. 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 $36,787.10 L.L. $.50 Interest from 10/14/09 to 12/15/09 -- $1,688.20 Interest from 12/15/09 to 3/1/10 -- $1,486.20 Atty's Comm 30 % - $12,536.13 Due Prothy $2.00 Atty Paid $56.00 Other Costs Plaintiff Paid Date: 4!6/10 David D. Buell, (Seal) ' By: REQUESTING PARTY: Name JUSTIN A. BAYER, ESQUIRE Address: KANE, PUGH, KNOELL, TROY & KRAMER, LLP 510 SWEDE STREET NORRISTOWN, PA 19401 Attorney for: PLAINTIFF Telephone: 610-275-2000 Deputy Supreme Court ID No. 93546 KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: JUSTIN A. BAYER, ESQUIRE ATTORNEY I.D. #93546 510 Swede Street Norristown, PA 19401 (610) 275-2000 MID SOUTH BUILDING SUPPLY, INC. 7940 Woodruff Court Springfield, VA 22151 V. DOUGHERTY HOME IMPROVEMENTS, INC. : 4345 A Carlisle Pike Camp Hill, PA 17011 And GERRY W.DOUGHERTY 1188 Church Road Newport, PA 17074 And METRO BANK 3801 Paxton Street Harrisburg, PA 17111 Received Date s Sent Date By (Initials).&=- ATTORNEY FOR CLAIMANT, Mid South Building Supply CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-2314 CIVIL TERM C m ccuu xm Wi:;o t- cn D, c3 ?rs 'o -a w as r cn s rn -am =C 0 -+C7 -C-n -_n - sm 73 Garnishee A?1Sovt u PLAINTIFF'S INTERROGATORIES ADDRESSED TO GARNISHEE To: Metro Bank 3801 Paxton Road Harrisburg, PA 17111 You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. A copy of said answers must be served on the undersigned. If your answer to any of the foregoing interrogatories is affirmative, specify the amount, value and/or nature of the subject account or property: 1. At the time you were served or at any subsequent time, did you owe Gerry W. Dougherty of 1188 Church Road, Newport, PA 17074 ("Mr. Dougherty"), owner of defendant company, Dougherty Home Improvements, Inc., any money or were you liable to Mr. Dougherty on any negotiable or other written instrument or agreement, or did Mr. Dougherty claim that you owed any money or were liable to Mr. Dougherty for any reason? RESPONSE: Defendant has 2 accounts both are joint enetities. (a) If the answer to Interrogatory No. 1 is in the affirmative, state the amount claimed or owed. RESPONSE: 2. At the time you were served or at any subsequent time, was there in your possession, custody or control, or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by Mr. Dougherty? RESPONSE: see answer to question 1 (a) If the answer to Interrogatory No. 2 is in the affirmative, state the nature of such property. RESPONSE: 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by Mr. Dougherty or in which Mr. Dougherty held or claimed any interest? RESPONSE: (a) If the answer to Interrogatory No. 3 is in the affirmative, state the nature of such property and its value. RESPONSE: 4. At the time you were served or at any subsequent time, did you hold as fiduciary any property in which Mr. Dougherty had an interest or claimed to have an interest? RESPONSE: (a) If the answer to Interrogatory No. 4 is in the affirmative, state the nature and value of such property and the extent of Mr. Dougherty's interest. RESPONSE: 5. At any time before or after you were served, did Mr. Dougherty transfer or deliver any property to you or to any person or place pursuant to your direction or consent, and if so, what was the consideration therefor? RESPONSE: (a) If the answer to Interrogatory No. 5 is in the affirmative, state what type of property was delivered, to whom it was delivered and when it was delivered. RESPONSE: 6. At any time you were served or at any subsequent time, did you pay, transfer, or deliver any money or property to Mr. Dougherty, or to any person or place pursuant to the direction of Mr. Dougherty or otherwise discharge any claim of Mr. Dougherty against you? RESPONSE: (a) If the answer to Interrogatory No. 6 is in the affirmative, state what was delivered, to whom and when. RESPONSE: 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did Mr. Dougherty have funds on deposit in an account in which funds are deposited electronically or on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? RESPONSE: (a) If your answer to Interrogatory No. 7 is in the affirmative, please identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. RESPONSE: 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did Mr. Dougherty have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa. C.S. § 8123? RESPONSE: (a) If your answer to Interrogatory No. 8 is in the affirmative, please identify each account. RESPONSE: 9. At the time you were served or at any subsequent time, did you have or share any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax, or other accounts of any kind or deposits, including retainage, in which there was an interest claimed Mr. Dougherty? RESPONSE: (a) If your answer to Interrogatory No. 9 is in the affirmative, state the nature of the account or document and balance or consideration therefore. RESPONSE: 10. Identify every account (not previously noted) or obligation titled in the name of Mr. Dougherty or in which you believe Mr. Dougherty has an interest in whole or in part, whether or not styled as a checking account, savings account, money market account, certificate of deposit, 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, account payable, retainage account, or otherwise, including but not limited to account number 536622707. RESPONSE: (a) If the answer to Interrogatory No. 10 is in the affirmative, state the type of account, account number, title of the account and balance. RESPONSE: RESPONSE: (a) If your answer to Interrogatory No. 9 is in the affirmative, state the nature of the account or document and balance or consideration therefore. RESPONSE: 10. Identify every account (not previously noted) or obligation titled in the name of Mr. Dougherty or in which you believe Mr. Dougherty has an interest in whole or in part, whether or not styled as a checking account, savings account, money market account, certificate of deposit, payroll account, individual retirement account, tag account, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, account payable, retainage account, or otherwise, including but not limited to account number 536622707. RESPONSE: (a) If the answer to Interrogatory No. 10 is in the affirmative, state the type of account, account number, title of the account and balance. RESPONSE: 11. At the time you were served or any subsequent time, did you hold on account for Mr. Dougherty any money or credits arising from any credit card transaction(s) of any type, loan(s) or line(s) of credit of any type, contract(s), agreement(s), or any construction contract(s) or subcontract(s) of any type? RESPONSE: (a) If the answer to Interrogatory No. 11 is in the affirmative, state the amounts you held for Mr. Dougherty, and also provide copies of the agreement(s), contract(s) or subcontract(s). RESPONSE: (b) If you have made payments to Mr. Dougherty on such agreement(s), contract(s) or subcontract(s), within the last two years, please list those payments, and provide copies of the cancelled checks or other payment instruments (both front and back) reflecting those payments. RESPONSE: 12. If you claim a right of set-off with regard to property you possess belonging to Mr. Dougherty, please state the following: RESPONSE: (a) The nature of the obligation the set-off funds are to be applied against (revolving loan, term loan, demand loan, etc.); RESPONSE: (b) The relationship of Mr. Dougherty to the loan (maker, guarantor, surety, etc.); RESPONSE: (c) The loan balance on the date on which you were served with the Writ of Execution; RESPONSE: (d) Whether or not the loan(s) was/were in default immediately prior to service of the Writ of Execution; RESPONSE: (e) If the loan(s) was/were a revolving loan, would the loan still be open and available for draw if there were no writ of execution; RESPONSE: (f) Please provide a copy of the loan documentation establishing your right to set- off. RESPONSE: 13. List all accounts or obligations owned by or owed to Mr. Dougherty, by number, title and balance, in which Mr. Dougherty has any interest is not disclosed in response to another Interrogatory herein. RESPONSE: KANE, PUGH DELL, TROY & KRAMER, LLP BY: 11'?. JUST A. BAYER, ESQUIRE Attorneys for Plaintiffs, Mid South Building Supply, Inc. I hereby certify that the foregoing Answers to Interrogatories are true and correct, to the best of my knowledge, information and belief, under penalty of 18 P.S. § 4904 relating to unsworn falsification to authorities. Signature Name Title Date VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ?' a, 0 4ATURE)