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HomeMy WebLinkAbout11-7663.r HOWARD S. KLEIN & ASSOCIATES By: Howard S. Klein, Esquire Attorney I.D. #008852 1315 Walnut Street, Suite 1200 Philadelphia, PA 19107 Phone # (215)546-0310 Fax # (215)546-6338 E-Mail: hskghskleinlaw.com 0 M9y r Plaintiff 1U i 4?°'?.t?P?SYLYA AMERICAN BUILDERS & CONTRACTORS COURT OF COMMON PLAS SUPPLY CO., INC. d/b/a ABC SUPPLY CO., INC. CUMBERLAND COUNTY 99 Buck Road PENNSYLVANIA Huntington Valley, PA 19006 vs. PHOENIX HOUSING, INC. 1298 Letchworth Road Camp Hill, PA 17011 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 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. Court Administrator One Courthouse Square, 4`h Floor Carisle, PA 17013 (717)240-6200 No. 11-1 to li 3 C tV i I COMPLAINT CIVIL ACTION - LAW AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un obogado y entregar a la corte en forma escrita sus defensas o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede continuor la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE SERVICIO DE REFERENCIA LEGAL alv4 % old. 60 Pd a ? ?- ? ?o S (0 3(.Q COMPLAINT 1. Plaintiff is American Builders & Contractors Supply Company, Inc. d/b/a ABC Supply Co., Inc. 2. Defendant is Phoenix Housing, Inc. with place of business as stated in the caption. 3. At the special oral request of Defendant, Plaintiff sold certain merchandise in the kind, of the quantity, on the dates, at the times, in the forms, and for the prices set forth in Plaintiffs books of original entry, a true and correct copy of which is attached hereto, marked Exhibit "A", and by reference thereto incorporated herein. 4. Defendant received and accepted the aforesaid. 5. The prices set forth in Exhibit "A", are the fair and reasonable market prices and the prices the Defendant agreed to pay. 6. All credits due, if any, to Defendant are set forth in Exhibit "A" with exception of payments totaling $2,000.00. 7. There are service charges due at the rate of two percent (2%) per month from the due date to the date of this suit in the sum of $451.69. 8. Although demand has been made, Defendant has failed and refused to make payment of the sum due Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, Phoenix Housing, Inc. in the sum of Four Thousand Two Hundred Fifteen Dollars and Seventy Nine Cents ($4.215.79), plus interest to date of judgment at rate of 6% per annum and actual or anticipated costs of suit. HOWARD S. KLEIN, ESQUIRE Attorney for Plaintiff VERIFICATION EM(r'l of 1 x'16 A,&L rfjUn 9"JArrs e Lr?$QYg6(S .l vRPI y xQIR ytv. hereby verify that I am duly authorized to make this Verification and that the statements of fact contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Affiant C Jnk-?- f:?? / Title N6- :s--k Coda er 4mudi /yd11dYC Our File # 15601 Your File #212874 Charges/Credits on Account Charge Code Description Amount Charge Date Doc ID INVC Invoice $137.60 10-07-10 08810804 INVC Invoice $72.18 10-18-10 08985966 INVC Invoice $15.73 10-21-10 09070608 INVC Invoice $14951 11-10-10 09410368 INVC Invoice $1,963.34 11-11-10 09073905 INVC Invoice $2,766.07 11-12-10 09073766 INVC Invoice $88.72 11-12-10 09461432 INVC Invoice $81.38 11-18-10 09578064 INVC Invoice $241.35 11-22-10 09611258 SVCG Service Charge $82.74 12-31-10 LATECHG SVCG Service Charge $82.74 01-31-11 LATECHG SVCG Service Charge $82.74 02-28-11 LATECHG Balance to Collections: 55,764.10 Payments On This Account: $0.00 Amount Remaining: $5,764.10 This balance m qv not reflect collection fees, attorney fees, or other charges as allowed by agreement, contract, and/or applicable laws. uate: uz-zu-i i Account Information: Account Number: 2128734 Creditor: Creditor Acct. #: ABC0101816964400 ABC SUPPLY CO-NEWBURGH PHOENIX HOUSING PO BOX 1108 1298 LETCHWORTH RD NEWBURGH, NY 12551 CAMP HILL, PA 17011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??t?rtll' q1 S.IJJ1Jb?J,?7jj? OPFI A ". -. E -ERh P- L U 27 Ply 2 .. N , L\ i" t'.. American Builders & Contractors Supply Company, Inc. Case Number vs. 2011-7663 Phoenix Housing, Inc. SHERIFF'S RETURN OF SERVICE 10/21/2011 06:50 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2011 at 1850 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Phoenix Housing, Inc., by making known unto Bob Augustin, adult in charge for Phoenix Housing, Inc. at 1298 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 October 24, 2011 y? TIM , DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (Cj Goun;ySuite Shenft. Teleoso t- Irr. HOWARD S. KLEIN & ASSOCIATES By: Howard S. Klein, Esquire Attorney I.D. #08852 1315 Walnut Street, Suite 1200 Philadelphia, PA 19107 Phone: (215)546-0310 Fax: (215)546-6338 E-Mail: hskLa),hskleinlaw.com = ? Aftbkoyffiqr: Plaintiff Con Li IaJ !2 AN AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC. d/b/a ABC SUPPLY CO., INC. 99 Buck Road Huntingdon Valley, PA 19005 : vs. PHOENIX HOUSING, INC. 1298 Letchworth Road Camp Hill, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-7663 CIVIL ACTION-LAW PRAECIPE FOR JUDGMENT ASSESSMENT OF DAMAGES CERTIFICATION OF NOTICE TO THE PROTHONOTARY: Enter Judgment against above captioned Defendant, Phoenix Housing, Inc. in accordance with Pennsylvania Rule of Civil Procedure 1037, Defendant having failed to file Responsive Pleading within the time required. Assess damages as follows: Real Debt $4,215.79 Interest from 10/6/11 $ 31.62 Judgment $4,247.41 l OWARD S. KLEIN, ESQUIRE Attorney for Plaintiff Qt'? sly,U'PI aH rL* S6Sya Pk 01 (A-) 9 9(c CERTIFICATION It is hereby certified that a written notice of intention to file the Instant Praecipe was mailed or delivered to the party against whom judgment is being entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of the Instant Praecipe. A copy of said Notice is attached hereto, setting forth mailing date. HOWARD S. KLEIN, ESQUIRE Attorney for Plaintiff 1315 Walnut Street, Suite 1200 Philadelphia, PA 19107 Phone (215)546-0310 Date: November 28, 2011 I hereby Assess Damages as above and enter Judgment for cost and the sum of $4,247.41. r we oe PRO NOTARY HOWARD S. KLEIN & ASSOCIATES Attorney for Plaint ff By: Howard S. Klein, Esquire Attorney I.D. 408852 1315 Walnut Street, Suite 1200 Philadelphia, PA 19107 Phone: (215)546-0310 Fax: (215)546-6338 E-Mail: hskLa)hskleinlaw.com AMERICAN BUILDERS & CONTRACTORS COURT OF COMMON PLEAS SUPPLY CO., INC. d/b/a ABC SUPPLY CO., INC. CUMBERLAND COUNTY, 99 Buck Road PENNSYLVANIA Huntingdon Valley, PA 19005 vs. PHOENIX HOUSING, INC. 1298 Letchworth Road Camp Hill, PA 17011 NO. 2011-7663 CIVIL ACTION-LAW TO THE PROTHONOTARY: CERTIFICATION OF ADDRESS I hereby certify that the precise address of the within Judgment Creditor, 99 Buck Road, Huntingdon Valley, Pa 19005. I hereby certify that the precise address of the within Judgment Debtor, 1298 Letchworth Road, Camp Hill, PA 17011. HOWARD S. KLEIN, ESQUIRE Attorney for Plaintiff HOWARD S. KLEIN & ASSOCIATES Attorney for Plaintiff By: Howard S. Klein, Esquire Attorney I.D. #08852 1315 Walnut Street, Suite 1200 Philadelphia, PA 19107 Phone: (215)546-0310 Fax: (215)546-6338 E-Mail: hsk cr hskleinlaw.com AMERICAN BUILDERS & CONTRACTORS COURT OF COMMON PLEAS SUPPLY CO., INC. d/b/a ABC SUPPLY CO., INC. CUMBERLAND COUNTY, 99 Buck Road PENNSYLVANIA Huntingdon Valley, PA 19005 VS. PHOENIX HOUSING, INC. 1298 Letchworth Road Camp Hill, PA 17011 NO. 2011-7663 CIVIL ACTION-LAW TO: Phoenix Housing, Inc. 1298 Letchworth Road Camp Hill, PA 17011 DATE OF NOTICE: November 14, 2011 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 CUMBERLAND LAW JOURNAL 32 South Bedford Street Carlisle, PA 17013 717-249-3166 HO ARD S. KLEIN, ESQUIRE 1315 Walnut Street, Suite 1200 Philadelphia, PA 19107 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7663 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC. d/b/a ABC SUPPLY CO., INC., Plaintiff (s) From PHOENIX HOUSING, INC., 1298 Letchworth Road, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell 064 and all ProPP-r 4- (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISI]EE(S) as follows: METRO BANK, 1130 Carlisle Road, Camp Hill, PA 17011 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 $4,247.41 L.L.$.50 Interest from 11/30/11 -- $42.47 Atty's Comm % Atty Paid $180.50 Plaintiff Paid Due Prothy $2.25 Other Costs Date: 3/5/2012 (Seal) REQUESTING PARTY: Name HOWARD S. KLEIN, ESQUIRE Address: HOWARD S. KLEIN and ASSOCIATES 1315 WALNUT STREET SUITE 1200 PHILADELPHIA, PA 19107 Attorney for: PLAINTIFF Telephone: 215-546-0310 David D. Buell, Prothonotary G Deputy Supreme Court ID No. 08852 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. c-CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION n n Caption: ? Confessed Judgment American Builders & ' w Contractors Supply Co., Inc. er d/b/a ABC Supply Co., Inc. :File No. 2011-7663 VS. Amount Due 4247. 41 PHOENIX HOUSING, INC. Interest 11/30/11 42.47 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue 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) i Phoenix Housing, Inc. ?1E' dnu aye 1298 Letchworth Road Camp Hill, PA 17011 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment agahutthe above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Metro Bank 1130 Carlisle Road, Camp Hill, PA 17011 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Gate 9 ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Feb. 15, 2012 Signature: Ids- Print Name: Howard S. Klein, Esq 401a.00 PA ATrY 1315 Walnut Street q .5. oc) Address: S u i ttl? 0() ga.oo Phila., PA 19107 14.00 Plaintiff C2. So Attorney for- ISO-so _ PA ATTy Telephone: (215)546-0310 Supreme Court ID No: 0 8 8 5 2 Our File #15601 4a.-Ts bve Co 50 LL G,t3o848 ?a7?g40 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 3;.F i1 f ? ?a12 MAR 20 AM 10, 45 Y ("UMBEIRLAND COUNTY PENNSYLVANIA American Builders & Contractors Supply Company, Inc. Case Number vs. Phoenix Housing, Inc. 2011-7663 SHERIFF'S RETURN OF SERVICE 03/16/2012 11:21 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 1121 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Phoenix Housing, Inc., in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Maria T. Theodoratos, Assistant Store Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. SO ANSWERS, March 19, 2012 RON RAND RSON, SHERIFF oah line, Deputy Sheriff (cj GountySuite Shentf.'ieieo,oft, inc. HOWARD S. KLEIN & ASSOCIATES Attorneyfor Plaintiff n^ .?° By: Howard S. Klein, Esquire U a'§' 17 F 111 Attorney I.D. #08852 1315 Walnut Street, Suite 1200 Philadelphia, PA 19107 Phone: (215)546-0310 Fax: (215)546-6338 E-Mail: hsk(a?hskleinlaw.com Plaintiff: l JIBERLA ID C0U AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC. d/b/a ABC SUPPLY CO., INC 99 Buck Road Huntingdon Valley, PA 19005 vs. Defendant PHOENIX HOUSING, INC. 1298 Letchworth Road Camp Hill, PA 17011 and Garnishee: METRO BANK 1130 Carlisle Road Camp Hill, PA 17011 PRAECIPE To the Prothonotary: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-7663 CIVIL ACTION - LAW Please enter Praecipe to Discontinue the Attachment Against the Garnishee, Metro Bank Only, Upon Payment of Your Costs. HOWARD S. KLEIN, ESQUIRE Attorney for Plaintiff Dated: May 15, 2012 l{SK# 15601 CAM+ 9.°1,',-.D ?,A a7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ny RAnderson ~~Iw~~J-UF~~C~, ~eriff ~ ~iF TNT PR4TNQkn7A~'~i` 4.~~~~~~r v. trr~r~~r~,l~~~ Jody S Smith Chief Deputy ~' =' '~~ 2Ql~ NOY -9 PM 3% ~ 3 Richard w Stewart CUMBERLAND COUNTY Solicitor c~F~"~e +aF ~ ~" ~ ~eR~FF P INNS Y~.VA N I A American Builders & Contractors Supply Company, Inc. Case Number vs. Phoenix Housing, Inc. 2011-7663 SHERIFF'S RETURN OF SERVICE 03/16/2012 11:21 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 1121 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Phoenix Housing, Inc., in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Maria T. Theodoratos, Assistant Store Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 03/22/2012 08:03 PM -Valerie Weary, Deputy ,being duly sworn according to law, states that on March 22, 2012 at 8:03 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Bob Augustine, Owner of Phoenix Housing, Inc. at 1298 Letchworth Road, Lower Allen Township, Camp Hill, PA 17011, informed Augustine of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-23-12. 11/09/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $133.82 November 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ~ •~s~. ~. . sa ~,~~ ;c; CountySulte Shonff, Teleosoft, Inc.