HomeMy WebLinkAbout04-5350. I . . oq - 4:3-m C. LTip-n
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
FILE NO. 2004-C-1091
EASTERN INDUSTRIES INC
4401 CAMP MEETING RD
CENTER VALLEY PA 18034
VS.
BRADLEY C MCALLISTER
IND & D/B/A
5140 ERBS BRIDGE RD
MECHANICSBURG PA 17055
B C MCALLISTER PAVING
5140 ERBS BRIDGE RD
MECHANICSBURG PA 17055
M&T BANK
LEHIGH STREET
ALLENTOWN PA 18103
[GARNISHEE]
CERTIFICATION OF JUDGMENT
Pursuant to applicable judgment acts,* I, the undersigned Clerk of Courts of
Lehigh County, Commonwealth of Pennsylvania, do hereby certify that the
judgment in the above case was entered in favor of
EASTERN INDUSTRIES INC
4
and against
BRADLEY C MCALLISTER (IND & D/B/A)
B C MCALLISTER PAVING
on the 30th day of August A.D., 2004, in said case in the amount of
$60,822.95
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the
Court, on the 71? day of A. D. ,-
Andrea E. Naugle, Lehigh County Clerk of Courts
Uniform Enforcement of Foreign Judgment Act
i R.C.P.3002(a)
? PA.C.S.A.4306
tev 12/99)
' *ONEDOCKET*
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
SUITS DOCKET 22-Sep-2004 09:54:52
....................
:CASE # 2004-C-1091
:...................
EASTERN INDUSTRIES INC
4401 CAMP MEETING RD
CENTER VALLEY PA 18034
VS
BRADLEY C MCALLISTER
IND & D/B/A
5140 ERBS BRIDGE RD
MECHANICSBURG PA 17055
B C MCALLISTER PAVING
5140 ERBS BRIDGE RD
MECHANICSBURG PA 17055
M&T BANK
LEHIGH STREET
ALLENTOWN PA 18103
[GARNISHEE]
MICHAEL R NESFEDER, ESQ.
JOSEPH S D'AMICO JR, ESQ.
26-Apr-2004 CPT01 COMPLAINT AND NOTICE TO DEFEND. EXHIBITS ATTACHED. DAMAGES
PRAYED FOR IN COUNTS I & II IN THE AMT OF AT LEAST
$60,822.95 PLUS FINANCE CHARGES, ATTYS FEES, POST JDGT
INTEREST & COSTS.
10-May-2004 STC04 STAT CONF SCHEDULED 05/19/2004@11:45 AM CR# 3B BEFORE LJB,J
14-May-2004 PRAE FOR APPEARANCE FOR PLTF BY J S D'AMICO JR ESQ. AFDT OF
SERVICE ATTACHED.
19-May-2004 SCHEDULING ORDER:
CLOSE ON 10/1/04.
10/15/04. A PRE-T
THE WITHIN MATTER
AM IN CR 3B LCCH.
MLD 5/19/04. DKTD
NOW, 5/19/04 PRE-TRIAL DISCOVERY SHALL
ANY MOTION FOR SUMMARY JDGT BE FILED BY
RIAL CONFERENCE IS SCHEDULED ON 11/10/04.
IS ATTACHED FOR TRIAL ON 11/15/04 @ 9:30
BY THE COURT: /S/ L J BRENNER J. COPIES
5/20/04.
20-May-2004 SHF'S RTN COMPLAINT: CUMBERLAND CO SHRF SERVED DFTS ON
5/6/04 @ 1843 HRS.
25-May-2004 TRIAL SCHEDULING ORDER: NOW: 5/19/04,
THE WITHIN MATTER SHALL BE ATTACHED FOR TRIAL ON
11/15/04 @ 9:30 AM CR 3B LCCH. SUPPLEMENTAL
INSTRUCTIONS & DEADLINES. SEE ORIGINAL. BY THE COURT: /S/
L J BRENNER J. COPIES MLD 5/25/04. DKTD 5/26/04.
30-Aug-2004 PRAE TO ENTER JDGT AGAINST DFT
FOR FAILURE TO RESPOND. JDGT ENTERED VS/DFT
CIVIL ACTION COMPLAINT
*ONEDOCKET*
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
SUITS DOCKET 22-Sep-2004 09:54:52
....................
:CASE # 2004-C-1091 CIVIL ACTION COMPLAINT
IN THE AMOUNT OF $60,822.95. AFDT OF SERVICE, IMPORTANT
NOTICE, EXHIBIT ATTACHED. NOTICES MLD 8/30/04. FILED @ 10:31
AM.
20-Sep-2004 PRAE FOR ATTACHMENT EXECUTION DIRECTED TO SHRF OF LEHI CO.
WRIT NOTICE & EXEMPT. LIST EXIT. INTERROGATORIES DIRECTED TO
M&T BANK.
21-Sep-2004 CERTIFICATION OF JDGT TO CUMBERLAND COUNTY, PA EXIT.
-------------------------------------------------------------------------------
FEE TYPE DATE AMOUNT PAYDATE PAYOR REMARKS
NEW SUIT 26-Apr-2004 $87.00 26-Apr-2004 PLTF
SATISFACTION FEE 26-Apr-2004 $8.00 26-Apr-2004 PLTF
JUDICIAL COMPUTER PROGRAM 26-Apr-2004 $10.00 26-Apr-2004 PLTF
PROTHY AUTO TAX 26-Apr-2004 $5.00 26-Apr-2004 PLTF
LEHIGH COUNTY E-FILING 26-Apr-2004 $5.00 26-Apr-2004 PLTF
SHERIFF'S RETURN 20-May-2004 $60.00 20-May-2004 PLTF
JUDGMENT 30-Aug-2004 $15.00 30-Aug-2004 PLTF
ATTACHMENT EXECUTION 20-Sep-2004 $25.00 20-Sep-2004 PLTF
WRIT TAX, JDGMT 20-Sep-2004 $.50 20-Sep-2004 PLTF
CERT OF JUDGMENT 21-Sep-2004 $16.00 21-Sep-2004 PLTF
1, Andrea E. Naugle, Clerk of Courts of the Court of Common
Pleas of Lehigh County, Allentown, PA do certify that this is a
true and correct copy of the original record filed in said Court.
Andrea E. Naugle, Clerk of Courts
???? era ?-
Date Deputy
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
EASTERN INDUSTRIES, INC.
Plaintiff,
VS.
NO.: 2004-C-1091
r
rT,
BRADLEY C. MCALLISTER,
Individually and d/b/a
B.C. MCALLISTER PAVING,
Defendant.
:c
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Cr
PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P.103'7(B)
TO: CLERK OF COURTS - CIVIL DIVISION:
Please enter Judgment by Default in favor of Plaintiff and against Defendant for failing to
file an answer or otherwise plead to the Complaint. The amount of the judgment is as follows:
TOTAL:
$60,822.95
(X) Pursuant to PaRCP 237.1, I hereby certify that notice to file this praecipe was mailed to the
above-named Defendant on July 21, 2004 and copies of the 10 Day Notices, Certificates of Mailing
and correspondence relating to same is attached hereto as Exhibit "A".
() Pursuant to PaRCP 237 (notice of praecipe for final judgment or decree), I hereby certify
that a copy of this praecipe has been mailed to each other party who has appeared in the action or to
his Attorney of Record.
Allentown, Pennsylvania:
Signature of Filing Party
Joseph S. D'Amico, Jr., Esquire
I.D. No. 55645
Attorney for Plaintiff
4001 Schoolhouse Lane
P. O. Box 219
Center Valley, PA 18034-0219
(610) 797-9000
1, Andrea E. Naugle, Clerk o Courts of the Court of Common
Pleas of Lehigh County. Allentown, PA do certify that this is a
true and correct copy of the original record filed in said Ce"
Andrea E. Naugle, Clerk of Courts
Date i)epaty
06 Is-co r'j oi-) Luo ryl d &3o_ oy
EXHIBIT "A"
Fxrr:.- A.PrwicK LEA,rz & BxYB_- _,ka P. EC.
EDWARD J. LEN M
JOSEPH A. F=-=TRICK, JR.
JOSEPH A. BUBBA
TIMOTHYD. CHARLESWORTH
DONNA M. MILLER
DOUGLAS J. SMIIS IE•
EMIL W. KANTRAII
MARK D. AURAND
JOSEPH S. D'AMLCO, JR.'
MICHAEL R. NESFEDER
CATHERINE E. N. DURSO
JANE P. LANG
NANCY* CONRAD"
ERICH J. SCHOCK
ALBERTLNA D. LOMBARDI*
LAUREN KELLY GOFF
CHERI ANN LEINBERGER
KELLY BEERS CAPREZ
JENNIFER H. FOX`
ATTORNEYS AT LAW
4001 SCHOOLHOUSE LANE
P.O. BOX 219
CENTER VALLEY, PA 1803-0219
jsdamico@flblaw.com
August 9, 2004
CERTIFICATE OF MAILING
Bradley C. McAllister
d/b/a B.C. McAllister Paving
5140 Erbs Bridge Road
Mechanicsburg, PA 17055
TELEPHONE (610) 797-9000
TELEFAY (610) 797-6663
WEBSITE: www.flblaw.com
JAMES G. KELLAR
1927-2002
'Also adrottled is New Jcmry
,7?7 00 [P ?1(fll
RE: Eastern Industries, Inc. v. Bradley C. McAllister d/b/a
B.C. McAllister Paving
Lehigh County CCP No. 2004-C-1091
Dear Mr. McAllister:
Enclosed is a Notice of Intent to Enter Default Judgment against you in the above-
captioned matter. Please read the Notice and give it your immediate attention.
Very truly yours,
(Llph S. D'Amico, Jr.
JSD/cpw
enclosure
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL, DIVISION - LAW
EASTERN INDUSTRIES, INC.
Plaintiff,
NO.: 2004-C-1091
VS.
BRADLEY C. MCALLISTER,
Individually and d/b/a
B.C. MCALLISTER PAVING,
Defendant.
To: Bradley-C. McAllister
d/b/a B.C. McAllister Paving
5140 Erbs Bridge Road
Mechanicsburg, PA 17055
Date: August 9, 2004
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 OR CANNOT AFFORD ONE, 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.
LAWYER REFERRAL SERVICE
Lehigh County Bar Association
1114 Walnut Street
Allentown, PA 18102
(610) 433-7094
FITZPATRICK LENTZ & BUBBA, P.C.
r
By: --9'3
t'ZJ
os h S. D'Amico, Jr., E uir
1. . No. 55645
Attorneys for Plaintiff
4001 Schoolhouse Lane
P.O. Box 219
Center Valley, PA 18034-0219
(610) 797-9000
U.S. POSTAL SERVICE CERTIFICATE OF MAILING +k;'? 9 f
Y
MAY BE USED
PROVID FOR IF SURANCE-AND MAIL DOES NOT
Frog lap
Received Froglap to: Fitzpatrick Lentz & BWm RC.
Schoolhouse Lane
Center Valley, PA 1 •8
:n S
One piece of ordinary mail addressed to:
.
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PS Form 3817, January 2001 _
CERTIFICATE OF SERVICE
I, Joseph S. D'Amico, Jr., Esquire, attorney for the Plaintiff, Eastern
Industries, Inc., do hereby certify that a copy of the foregoing document has been served on
Plaintiff, by First Class United States Mail, postage pre-paid at the following address:
Bradley C. McAllister
B.C. McAllister Paving
5140 Erbs Bridge Road
Mechanicsburg, PA 17055
FITZPATRICK LENTZ & BUBBA, P.C.
DATE: BY: ?sephS.D'Amic , Jr. squire
I.D. No. 55645
4001 Schoolhouse Lane
P.O. Box 219
Center Valley, PA 18034-0219
(610) 797-9000
Attorney for Plaintiff
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PRAECIPE FOR WRIT OF EXECUTION - (Money Judgments)
Pa.R.C.P. 3101 to 3149
EASTERN INDUSTRIES, INC.
VS.
BRADLEY C. MCALLISTER, indiv. and
d/b/a MCALLISTER PAVING
PRAECIPE FOR WRIT OF EXECUTION
(MONEY JUDGMENT)
To The Prothonotary: Issue writ of execution in the above matter.
(1) Directed to the sheriff of CUMBERLAND
County, Penna.;
(2) Against BRADLEY C. MCALLISTER and MCALLISTER PAVING Defendant(s);
(3) And against Garnishee(s);
(4) And index this writ
(A) Against BRADLEY C. MCALLISTER and MCALLISTER PAVING
Defendant(s)
And (B) Against
Garnishee(s)
As a lis pendens against the real property of the defendant(s) in the name of the garnishee(s) as follows:
(specifically describe property)
Any and all vehicles, tools, equipment or other personal property located at 5140 Erbs Bridge Road,
Mechanicsburg, Cumberland County, Pennsylvania
(5) Amount due
Interest from 8/30/04 (per diem-$9.38)
Collection fee
Date 10
$ 57,077.92
$ 478.52
$?-'i?.r5.00
A ey for Plaintiff(s)
C)U-r ct -) 6.
NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule
3103(B), the county should be indicated.
Under Rule 3103(C) a writ issued on a transferred judgment may be directed only to the sheriff of the
county in which issued.
Paragraph (3) above should be completed only if a named garnishee is to be included in the writ.
Paragraph 4, (A) should be completed only if indexing of the execution in the county of issuance, is desired
as authorized by Rule 3104(1). When the writ issues to another county indexing is required as of course in that
county by the prothonotary. See Rule 3104(B).
Paragraph 4, (B) should be completed only if real property in the name of the garnishee is attached and
indexing as a lis pendens is desired. See Rule 3104(C).
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
No. t? -- l.• t C.? L?
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5350 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EASTERN INDUSTRIES, INC. Plaintiff(s)
From BRADLEY C. MCALLISTER, individually and d/ba B C MCALLISTER PAVING, 5140
ERBS BRIDGE ROAD, MECHANICSBURG PA 17055.
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
VEHICLES, TOOLS, EQUIPMENT OR OTHER PERSONAL PROPERTY LOCATED
AT 5140 ERBS BRIDGE ROAD, MECHANICSBURG PA 17055.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of GARNISHEE(S) as follows:
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 $57,077.92 L.L. $.50
Interest from 8/30104 (per diem - $9.38) $478.52
Atty's Comm % Due Prothy $1.00
Atty Paid $37.50 Other Costs
Plaintiff Paid $215.50
Date: OCTOBER 22 2004
CURTIS R. LONG
Prothopgtary
(Seal) B
\
''A
y: -
?J
REQUESTING PARTY:
Name JOSEPH S. D'AMICO, JR., ESQ.
Address: 4001 SCHOOLHOUSE LANE
P O BOX 219, CENTER VALLEY PA 18034-0219
Attorney for: PLAINTIFF
Telephone: (610) 797-9000
Supreme Court ID No. 55645
Deputy I
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ iVeturned STAYED.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
TOTAL $
18.00
.99
.50
1.00
30.00
50.49
Advance Costs: 150.00
Sheriff's Costs: 50.49
$ 99.51
Refunded to Atty on 12/13/04
Sworn and Subscribed to before me
"ers;
This I °" day of
200,fA.D.
PPP,IVrrth-onotary
R. Th9mas Kline, Sheriff
By Claudia A. Brewbaker
s t :Z C3 I - NON Q01
?=
IV3?183N5 3Nl1Jr0'31
6
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?. 5? cit-I 4 TI c 11
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5350 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EASTERN INDUSTRIES, INC. Plaintiff(s)
From BRADLEY C. MCALLISTER, individually and d/ba B C MCALLISTER PAVING, 5140
ERBS BRIDGE ROAD, MECHANICSBURG PA 17055.
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
VEHICLES, TOOLS, EQUIPMENT OR OTHER PERSONAL PROPERTY LOCATED
AT 5140 ERBS BRIDGE ROAD, MECHANICSBURG PA 17055.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of GARNISHEE(S) as follows:
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 $57,077.92
L.L. $.50
Interest from 8/30/04 (per diem - $9.38) $478.52
Atty's Comm %
Atty Paid $37.50
Plaintiff Paid $215.50
Due Prothy $1.00
Other Costs
Date: OCTOBER 22 2004
(Seal)
REQUESTING PARTY:
Name JOSEPH S. D'AMICO, JR., ESQ.
Address: 4001 SCHOOLHOUSE LANE
CURTIS R. LONG
Protho tary
By:
Deputy
P O BOX 219, CENTER VALLEY PA 18034-0219
Attorney for: PLAINTIFF
Telephone: (610) 797-9000
Supreme Court ID No. 55645
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-05350 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
EASTERN INDUSTRIES INC
VS
MCALLISTER BRADLEY C ET AL
And now MICHAEL BARR
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:00 Hours, on the loth day of June , 2005, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
MCALLISTER BRADLEY C in the
hands, possession, or control of the within named Garnishee
M & T BANK 1 WEST HIGH ST
CARLISLE, PA 17
Cumberland County, Pennsylvania, by handing to
TAMMY BRICKER (CUSTOMER SERVICE) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
00/00
Sworn and subscribed to before me
this -1 IAk day of
I" A.D.
Prdthbnotary
So ar?,sy?er? ?.
R. Thomas Kline
Sheriff of Cumberland County
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2004-05350 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
EASTERN INDUSTRIES INC
VS
MCALLISTER BRADLEY C ET AL
And now MICHAEL BARRICK
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:00 Hours, on the loth day of June , 2005, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
MCALLISTER B C PAVING
hands, possession, or control of the within named Garnishee
M & T BANK 1 WEST HIGH ST
CARLISLE, PA 1701
Cumberland County, Pennsylvania, by handing to
in the
TAMMY BRICKER (CUSTOMER SERVICE)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
00/00
Sworn and subscribed to before me
this day of
So answers:
R. Thomas Kline
Sheriff of Cumberland County
/0000
BY
Deputy Sheriff
Prothdnotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
EASTERN INDUSTRIES, INC.,
Plaintiff, NO. 04-5350
VS.
BRADLEY C. McALLISTER,
Individually and d/b/a
B.C. McALLISTER PAVING,
Defendant,
ATTACHMENT EXECUTION
vs.
M&T BANK,
Garnishee.
INTERROGATORIES TO THE ABOVE-NAMED GARNISHEE
TO: M&T BANK
One West High Street
Carlisle, PA 17013
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.
1. Did the Defendant ever have an account of any type with the garnishee? If so,
please identify the account number and the balance of said accounts.
'2) (01gCii5 X71 -
(,4G c
Balances Provided
May not Reflect Unposted
Transactions or Legal
Document Processing Fees
2. If the answer to the preceding interrogatory is in the affirmative, state with regard to
each account:
(a) Identify all documents that were given to the Bank or signed for the
bank establishing the account.
The Information sought by this question is no
readily available from the bank's computer
systems. Upon information and belief the
information sought by this quessbon may be
available
the service of a subpoena duces tectumed
(b) State the ban s understanding of the legal composition of its
customer and identify all documents the bank has that show the legal composition
(i.e., individual, corporat on, partnership, sole proprietorshi
%CL ?8 3 ?`?CIG?? 1 -781
(c) State all addresses given for the bank's customer and all a dresses to
which the account statements were tobesent
,5140
(d) Identify whether the defendants hold any accounts jointly with any
other entities. If so, please provide the name of said entity, account number and
balance.
('? 0
(e) State how rifle is held on all accounts.
3. At the time you were served or at any subsequent time, did the Defendant have a
safe deposit box at your bank or any branch of your bank? If your answer is in the affirmative,
please provide the box number and location. ?l
1 vl?
4. At the time you were served or at any subsequent time did you owe the Defendant
any money or were you liable to it on any negotiable or other written instrument, or did it claim that
you owed it any money or were liable to it for any reason?
5. 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?
I
3
6. 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 the Defendant held or
claimed any interest?
V
7. 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?
8. At any time before or after you were served did the Defendant 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 therefore?
(1J
9. At any time after you were served did you pay, transfer or deliver any money or
property to the Defendant or to any person or place pursuant to their direction or otherwise
discharge any claim of the Defendant against you?
FITZPATRICK LENTZ & BUBBA, P.C.
By:
Jdseph S. D'Amico, Jr., Esq.
Attorney I.D. No. 55645
4001 Schoolhouse Lane
P. O. Box 219
Center Valley, PA 18034-0219
(610) 797-9000
Attorney for Plaintiff
JUN % 2 2
M&T SN10-
M & T BANK
LEGAL DOCUMENT PROCESSING
P.O. BOX 844
BUFFALO, NY 14240
5
TO THE PROTHONOTARY:
Enter rule on said Garnishee to answer the within Interrogatories in twenty (20) days.
Signature: C L.-
tt mey for Plaintiff
TO THE GARNISHEE NAMED:
NOTICE
Interrogatories, of which the foregoing is a copy, have been filed in the within-stated case,
and a Rule has been entered upon you in the said case to answer the same within twenty (20) days.
Prothonotary, Civil Division
Deputy
O
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. Thomas Kline, Sheriff,Fq7l ingl4a N- ?F according to law, states this
Writ is returned ABANDON) D, no a6ff6ff tiikeffln six months.
Sheriffs Costs: 7005 JUN -b P 3: 19 Advance Costs: 150.00
Sheriffs Costs 131.69
Docketing 18.00 18.31
Poundage 2.59
Advertising
Law Library
Prothonotary 1.00 Refunded to Atty on 01/06/06
Mileage 11.10
Misc.
Surcharge 50.00
Levy 40.00
Post Pone Sale
Certified Mail
Postage
Garnishee 9.00
TOTAL 131.69
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othonotar
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
EASTERN INDUSTRIES, INC.,
Plaintiff,
VS.
BRADLEY C. McALLISTER,
Individually and d/b/a
B.C. McALLISTER PAVING,
Defendant,
TO THE PROTHONOTARY:
:File No. 04-5350
:Amount Due $11,647.92
:Interest
:Late Charges
:Atty's Comm.
:Costs $165.00
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.
PRAECIPE FOR EXECUTION
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and cost upon the following described property of the defendant Any
and all vehicles tools equipment including heavy equipment or other personal property located
at 5140 Erbs Bridge Road, Mechanicsburg, Cumberland County Pennsylvania
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and cost, as above, directing attachment against the above-named garnishee(s) for the following
property (if real estate, supply six copies of the description; supply four copies of lengthy
personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said
garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate
of the defendant(s) described in the attached exhibit.
DATE: a a ?C?6 Signature
Print Nam&A h S. D'Amico'90. Esc._
Address: 4001 Schoolhouse Lane
P.O. Box 219
Center Valley. PA 18034-0219
Attorney for: Plaintiff
Telephone: 610-797-9000
Supreme Court ID No. 55645
V
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V ? ? 1 1 1 1 1 ? 3 ?
OrJ 72
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5350 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EASTERN INDUSTRIES, INC., Plaintiff (s)
From BRADLEY C. MCALLISTER, INDIVIDUALLY AND D/B/A B.C. MCALLISTER
PAVING, 5140 ERBS BRIDGE ROAD, MECHANICSBURG, PA
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
VEHICLES, TOOLS, EQUIPMENT INCLUDING HEAVY EQUIPMENT OR OTHER
PERSONAL PROPERTY LOCATED AT 5140 ERBS BRIDGE ROAD, MECHANICSBURG,
PA.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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.
AmountDue $11,647.92
Interest
Arty's Comm %
Atty Paid $247.18
Plaintiff Paid
Date: FEBRUARY 7, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
a 1
P othonotary\
By:
Deputy
REQUESTING PARTY:
Name JOSEPH S. D'AMICO, JR., ESQUIRE
Address: 4001 SCHOOLHOUSE LANE
P.O.BOX 219
CENTER VALLEY, PA 18034-0219
Attorney for: PLAINTIFF
Telephone: 610-797-9000
Supreme Court ID No. 55645
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: Advance Costs: 150.00
Sheriff s Costs 83.28
Docketing 18.00 66.72
Poundage 1.64
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 10/04/06
Mileage 10.56
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage 1.56
Garnishee
TOTAL 83.28 /el/P/OG
So Answers;
R. Thomas Kline, She` ff
By
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VJAI83HS 3N1 J0 331 A00
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5350 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EASTERN INDUSTRIES, INC., Plaintiff (s)
From BRADLEY C. MCALLISTER, INDIVIDUALLY AND DB/A B.C. MCALLISTER
PAVING, 5140 ERBS BRIDGE ROAD, MECHANICSBURG, PA
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
VEHICLES, TOOLS, EQUIPMENT INCLUDING HEAVY EQUIPMENT OR OTHER
PERSONAL PROPERTY LOCATED AT 5140 ERBS BRIDGE ROAD, MECHANICSBURG,
PA.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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 $11,647.92
Interest
Atty's Comm %
Atty Paid $247.18
Plaintiff Paid
Date: FEBRUARY 7, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
Pr thonotary
By:
Deputy
REQUESTING PARTY:
Name JOSEPH S. D'AMICO, JR., ESQUIRE
Address: 4001 SCHOOLHOUSE LANE
P.O.BOX 219
CENTER VALLEY, PA 18034-0219
Attorney for: PLAINTIFF
Telephone: 610-797-9000
Supreme Court ID No. 556,45
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION--LAW
EASTERN INDUSTRIES, INC.,
Plaintiff,
NO. 04-5350
vs.
BRADLEY C. McALLISTER,
Individually and d/b/a
B.C. McALLISTER PAVING,
Defendant,
PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION
TO THE PROTHONOTARY:
You are hereby authorized, empowered, and directed to enter, as indicated, the following on the
records thereof:
A. 1. The within suit is Settled, Discontinued, Ended and costs paid.
2. The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid.
3. The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid.
B. 1. Satisfaction of the Award in the within suit is acknowledged.
2. X Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged.
C. Other: ,
DATE: 4/2/2008 ?.
WITNESS (If signer is other than Signature of authorizing kq4
a registered attorney):
Joseph S D'Amico Jr. Esq.
Attorney or Notary Type or print name of above signer
COST PAYMENT VERIFICATION
I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL
COSTS HAVE BEEN PAID INCLUDING SHERIFF'S COSTS; AND HEREBY VERIFY THAT ALL
COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SEC. 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
Sign
C?
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