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HomeMy WebLinkAbout11-4164 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff vs. BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES No. CIVIL ACTION z? E !? r' -c am -r3 , rn C:) 7 > -47 c) • r.,a Defendant PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY, CUMBERLAND COUNTY: Pursuant to the Pennsylvania Rule of Civil Procedure 3002, kindly file and index the attached certified docket entries and judgment previously entered in the Court of Common Pleas of Montgomery County, in an action captioned YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. vs. BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES, at docket no. 2010-37618, and assess damages in favor of the Plaintiff, YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC., and against the Defendant, BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES, as follows: Amount of Foreign Judgment $15,017.55 Interest (from February 14, 2011 to April 14, 2011 at statutory of 6% per annum) TOTAL $15,017.55 Dated: April 14, 2011 AMATO A LESSA, P. C. ??- '?a? ?j• U1S ? ? By. n R ald Amato, Esq., Atty ID #32323 PY4 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 Attorney File # 2101254 Damages assessed and judgment tered as beKe: ? j) PROTHONOTARY ?r„?} COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. VS. BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON : CIVIL ACTION AFFIDAVIT . SS: Justin Davis, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff, YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC., is authorized to make this affidavit on its behalf; and that, to the best of his knowledge, information and belief: 1. The name of the judgment debtor is BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES. 2. The last known post office address of the judgment debtor is 1 101 A Primrose Ave, CAMP HILL PA 17011-6922. 3. The name of the judgment creditor is YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. 4. The last known post office address of the judgment creditor is 2001 Renaissance Boulevard, King of Prussia, PA 19406. 5. The judgment in favor of Plaintiff, YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC., and against Defendant(s), BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES, entered in the total sum of $15,017.55 in the Court of Common Pleas of Montgomery County, is valid, enforceable, and unsatisfied as of this date; April 14, 2011. SWORN TO AND SUBSCRIBED Justin Davis BEFORE ME THIS ?0 DAY OFD. 2011 . NOTARIAL SEAL GEOFFREY G SCHOENECK Nm %W ry U IC HTWSP, NORTHAMPTON COUNTY Canmis m Expires 03/29/2012 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. vs. BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES Defendant(s) CIVIL ACTION AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned, being duly sworn, according to law, deposes and says that he is unable to determine whether or not the above Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act; That Brian Boyer is over 18 years of age, resides at 110 1 A Primrose Ave, CAMP HILL PA 17011-6922 and is employed; Sworn to and subscribed before me this ?c day of ?rl-A 2011 A.D. C'.. 'Al Co . ?J0 NOTAkYY PUBLIC NOTARIAL SEAL GEOFFREY G SCHOENECK Notary hth k HANOVER TWSP, NORTHAWTON COUNTY My CwvMmbn Expires 03/14/2012 Montgomery County Backto Search > Case #2010-37618 =; Case Details Case Number f Commencement Date i 2010-37618- 12/27/2010 Case Type Complaint Civil Action PFA Number Caption Plaintiff YELLOW BOOK SALES AND DISTRIBUTION COMPANY INC Caption Defendant BOYER, BRIAN ?- - Lis Pendens Indicator No Status Judge 4 PAGE Parcel Number -- Remarks Sealed - No Docket Date Range: Docket Entries - Plaintiffs Page 1 of 1 CERTIFIED FROM THE RECORDS OF THE PROTHONOTARY, COURT OF COMMON PLEA, /MONTGOMERY COU , PA. MAR THONOTARY DATE: CLERK JWgmelat certified in the amount of S 4L/7 b favor of Plaintiff(s) And against Defendant(s) oats 1171/1 YELLOW BOOK SALES AND DISTRIBUTION COMPANY INC 2560 RENAISSANCE BLVD ;UNITED STATES LESSA, MICHAEL iYes 1 KING OF PRUSSIA, PA 19406 UNITED STATES Defendants Name A rasa _ Country Counsel ti u nce BOYER, BRIAN 1101A PRIMROSE AVENUE UNITED STATES i Yes 1 CAMP HILL, PA 17011-6922 UNITED STATES EDWARD CONCRETE SERVICES 1101A PRIMROSE AVENUE UNITED STATES Yes 2 CAMP HILL, PA 17011-6922 UNITED STATES _ ?_ Garnishees Other Party Types 1.1 Dockets S 9-q-. Filing Date Docket Tvoe Docket Text ?a ed 0 i _ 12/2712010_ Complaint Civil Action _ - -- - - -^- , I _ o N 1 1212012010 Entry of Appearance OF MICHAEL R LESSA FOR PLTF tNo 2 111912011 i(internal Use Only) Served BRIAN BOYER DBA B. EDWARD CONCRETE SERVICES ON 1-7-11 CUMBERLAND COUNTY No 3 2/1412011 Default Judgment Entered in Favor of PLTF AGNST DEFTS IN AMT OF $15,017.55 No A 211412011 Affidavit of Non-Military Service No 5 2/1412011 Certification of Addresses No 6 2M412011 Notice 236 Judgment Required Document Mailed No -1 .z Judaments ,'YELLOW BOOK SALES AND DISTRIBUTION COMPANY INC BOYER, BRIAN 211412011 115,017.55 ! YELLOW BOOK SALES AND DISTRIBUTION COMPANY INC EDWARD CONCRETE SERVICES 2/1412011 15,017.55 i-J Archive Locations Voided Dockets Linked Cases Copyright © 2008-2011 Paperless Solutions, Inc. All rights reserved. http://webapp.montcopa.org/PSI/Viewer/Detail.aspx?oq=aWQ9MjAwNzY 1 MzUwJmVudGlOeT 1 DYXNI 4/7/2011 r r a , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff vs. BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES Defendant No. CIVIL ACTION NOTICE OF JUDGMENT Please be advised that the above-named Plaintiff, YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC., has transferred to the Court of Common Pleas of CUMBERLAND County, Pennsylvania, a judgment entered against you in the Court of Common Pleas of Montgomery County. Said judgment being entered in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, to the above civil action number against the above named defendant(s) in the amount of $15 , 017.5,5this Cf-' day of M" , 2011. PROTHONOTARY - CUMBERLAND COUNTY Per`)Q?'.tcr-?."?1L ?L If you have any questions concerning the above, please contact the undersigned. AMATO AND LESSA, P.C. By: onald Amato, Esq., Atty ID #32323 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. CIVIL ACTION NO. 1 1-4164 Civil Plaintiff vs. Amount Due $ 15,017.55 Interest $ 417.33 BRIAN BOYER d/b/a B. EDWARD Payments $ 0.00 , CONCRETE SERVICES Costs $ Defendant(s) I I S Tintbw- ed Poundage $ - ° ' o So ? o. k ult on Bank ,4a3 T. hlOV arnishee Total $ 15,434.88 < P6 1-2055 D M C C= To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION AND ATTACHMENT IN THE ABOVE MATTER. PRAECIPE WRIT OF EXECUTION Issue a writ of execution in the above matter 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 furnishings equipment, inventory, tools electronic equipment vehicles any and all other personal property belonging to the above-named defendant(s). PRAECIPE FOR WRIT OF ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above named garnishee(s) for the following property: All property of the above-named defendant(s) including without limitation all savings and checking accounts certificates of deposit money market accounts deposits and all debts and other property and/or obligations owing from the above-named garnishee to the above named defendant(s) including but not limited to account #0009 64975, and any account owned solely or in part by the above-named defendant(s) which are in the possession, custody and/or control of said garnishee(s). $ay, t!?o t-A a? d q, 66 c$F ,x.56 Lk u Attorney File#: 2101254 AMATO P. C. By: Ronald Amato, Esq., Atty ID #3232 -- Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Anthony J. Giaramita, Esq.,Atty ID #205587 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 o?.00 b (610) 866-0400 ?o A DEBT COLLECTION LAW FIRM C" 90 941 S ?W CQ? l 3l3 W(,-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff VS. BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES Defendant(s) No. 1 1-4164 Civil 7 17. CD CIVIL ACTION cz ? C C D CERTIFICATION OF DEFENDANT'S ADDRESS FOR SERVICE I 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: 115 Timber Road Mechanicsburg PA 17050 Dated: October 17, 2011 AMATO AN LES P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Anthony J. Giaramita, Esq., Atty ID #205587 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File #: 2101254 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff vs. BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES Defendant(s) To the Sheriff: No. 1 1-4164 Civil CIVIL ACTION WAIVER OF WATCHMAN < ?. u C Any deputy sheriff levying upon or attaching any property under the within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before the sheriff's sale thereof. Dated: October 17, 2011 AMATO By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Anthony J. Giaramita, Esq., Atty ID #205587 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File#: 2101254 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4164 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff (s) From BRIAN BOYER DB/A B. EDWARD CONCRETE SERVICES, 115 TIMBER ROAD, MECHANICSBURG, PA 17050 (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 DEFENDANT(S) ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, ELECTRONIC EQUIPMENT, VEHICLES, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FULTON BANK, 1423 S. MARKET STREET, MECHANISBURG, PA 17055, ALL PROPERTY OF THE ABOVE-NAMED DEFENDANT(S), INCLUDING, WITHOUT LIMITATION, ALL SAVINGS AND CHECKING ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKET ACCOUNTS, DEPOSITS AND ALL DEBTS AND OTHER PROPERTY AND/OR OBLIGATIONS OWING FROM THE ABOVE-NAMED GARNISHEE TO THE ABOVE NAMED DEFENDANT(S), INCLUDING BUT NOT LIMITED TO ACCOUNT #0009 64975, AND ANY ACCOUNT OWNED SOLELY OR IN PART BY THE ABOVE-NAMED DEFENDANT(S), WHICH ARE IN THE POSSESSION, CUSTODY AND/OR CONTROL OF SAID GARNISHEE(S) 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$15,017.55 L.L. $.50 Interest $417.33 Atty's Comm % Due Prothy $2.00 Arty Paid $56.00 Other Costs Plaintiff Paid Date: OCTOBER 24, 2011 David D. Buell, Prothonotary (Seal) By: -dad -11 V Deputy REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: AMATO AND LESSA, P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 32323 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. Plaintiff No. 1 1-4164 Civil vs. BRIAN BOYER d/b/a B. EDWARD CONCRETE SERVICES CIVIL ACTION Defendant(s) q Fulton Bank r Garnishee ? wer' o ° INTERROGATORIES TO GARNISHEE r- ' q ° > ` r• To: Fulton Bank, Garnishee ) 1423 S. Market Street, Mechanicsburg PA 17055 00 Yoi? ire required to submit answers to the following interrogatories within twenty (20) da y's after service upon you. Failure to do so may result in a judgment being entered against yo u: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 1210 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 the defendant? wp 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 the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? /?v 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any persun or place pursuant to your direction or consent and if so what was the consideration therefor? W 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? A9 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically 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? If so, 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. M 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant 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.A. § 8123? If so, identify each account. AO 9. At any time before or after you were served., did- the defendant, either solely or in part, have any account (savings, checking, certificate of deposit, money market, deposits or any other debt and/or property) [including but not limited to 0009 649751 with your office? (A'--4 10. If your answer to interrogatory #9 is in the affirmative, state: A) the account number of each account; /,, 6to? L G B) the amount of money in each account. .04A?? ?7?0 f AMATOSSA, P.C. By: Ronald Amato, Esq., Atty ID #3232 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Anthony J. Giaramita, Esq.,Atty ID #205587 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File#: 2101254 VERIFICATION The undersigned does hereby verify, unde nalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, that he/ a is Vl 0 S d (Name) (Title) of (Company) L Garnishee herein, that he/she is 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. Date OAelll Signature Present Address: Fulton Bank 4429 Bonney Road Virginia Beaeh, VA 23462 SHERIFF'S OFFICE OR CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy _ , 1iE PR0T0tj1ir)T 0 ,511 KV 28 Pri 4. 1 I'll Richard W Stewart Solicitor C ,J, C0UP4 `;, PE14NSYLkIANIA Yellow Book Sales and Distribution Company, Inc. Case Number vs. Brian Boyer d/b/a B. Edward Concrete Services 2011-4164 SHERIFF'S RETURN OF SERVICE 10/28/2011 01:29 PM - Shawn Gutshall, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Fulton Bank at 1423 S Market Street, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County, by handing to LAUREN GREEN - HEAD TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. 11/22/2011 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $101.49 SO ANSWERS, November 22, 2011 RON R ANDERSON, SHERIFF t bunsy,&A Shy-f fe,oosoft. Irnc;