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HomeMy WebLinkAbout04-6156 ALL CRANE & EQUIPMENT RENTAL CORPORATION, COURT OF COMMON PLEAS OF CUMBERLAND COUNTYPA Plaintiff, v. CNIL ACTION - LAW HMCC, INC. d/b/a HEARN & CO., NO. t)l/- !.e,/5- (C. t~J Defendant PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT To the Prothonotary: Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa. Cons. Stat. Ann. 9 4306, kindly file and index the attached exemplified and certified copies of the docket entries and the judgment entered in favor of plaintiff All Crane & Equipment Rental Corporation and against defendants HMCC, Inc. d/b/a Hearn & Co. in the total sum of$ 60,648.74 plus post-judgment interest at the rate of 10% per unnum, until paid in full, plus its cost of collection, including reasonable attorney's fees, and any other relief that this Honorable Court may deem just and appropriate, in the Court of Common Pleas in and for Cumberland County, Pennsylvania. 1/ ISO! of li~~~1i Attorney for Plaintiff Attorney ID No. 85692 151 Reno Avenue, Suite 202 New Cumberland, P A 17070 [717] 774-1357 mikehynum@comcast.net .,) Co :--..) 0 C~,';J C ~_:-:J -n .' .....- -~ c:-J '~i',~ ?~.;. ,- r~" " . C) ~.~~ r~ \ .. co ':::?\(~) _\,~ (~:. f.....:J ",I'n ~:l\ .:;::- \j;l STATE OF WEST VIRGINIA, KANAWHA COUNTY, TO-WIT: I, Paul Zakaib, Jr. , a Judge of the Circuit Court in and for the County of Kanawha, in the State of West Virginia, do certify that Cathy S. Gatson, by whom the aforesaid record and certificates were made and given and who in her own handwriting has thereunto subscribed her name and has thereto affixed the seal of the Circuit Court in and for the County of Kanawha, State of West Virginia, was at the time of so doing, and now is Clerk of said Circuit Court in and for the said County, to all whose acts as such full faith and credit are due and given, and that the said record and certificate are in due form and made by the proper officer. In testimony, whereof, I have hereunto set my hand and seal of said Circuit Court, this the 16th day of November ,2004. STATE OF WEST VIRGINIA KANAWHA COUNTY, TO-WIT: I, Cathy S. Gatson, Clerk of the Circuit Court in and for the County of Kanawha, in the state of West Virginia, do hereby certify that the Honorable Judge Paul Zakaib, Jr. by whom the aforesaid certificate was made and given and who in his proper handwriting has hereunto subscribed his name, was at the time of doing so and now is a Judge of the Circuit Court in and for the County of Kanawha, State of West Virginia, duly commissioned and qualified to all whose acts as such full faith and credit are due and given in court of adjudicature as well as elsewhere. In testimony, whereof, I have hereunto set my hand and seal of said Circuit Court, this the 16th day of November , 2004. a \If, k~ Court of y , West Virginia NOTE: The Common Pleas Court, the Domestic Relations Court, the Intermediate Court and the Juvenile Court of Kanawha County were abolished and became part of the Circuit Court of Kanawha County, West Virginia, by virtue of an amendment to the constitution of The State of West Virginia, effective November 5, 1974. The Family Court of Kanawha County was created by an amendment to the Constitution of The State of West Virginia and subsequent legislation effective January 1, 2002. t" :.0 H t" Z t" ....,JO'IV1~Wtvl-l t>:! n 000 0 0 :d "",,,,, '" '" :.0 '" , , 0 z "''''>-' '" >-' :.0 t>:! ...",W w 0 " '" , , t>:! 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HMCC, INC. d/b/a HEARN & CO., Defendant AFFIDAVIT Michael A. Hynum, Esquire, being duly sworn according to law, deposes and says that he or she is the attorney for plaintiff All Crane & Equipment Rental Corporation, is authorized to make this affidavit on its behalf; and that, to the best of his or her knowledge, information, and belief: 1. The names of the judgment debtor is HMCC, Inc., d/b/a Hearn & Co. 2. The last known post office address of both of the judgment debtors is 9 Brenneman Circle, Mechanicsburg, Pennsylvania 17050-2637. 3. The name of the judgment creditor is All Crane & Equipment Rental Corportation. 4. The last known post office address of the judgment creditor is 6540 MacCorkle Avenue, S.W., St. Albans, WV 25177-2326. 5. The judgment in favor of plaintiff, and against defendant, entered in the total sum of $60,648.74 in the Circuit Court of Kanawha County, West Virginia is valid, enforceable, and unsatisfied as of this date. 11!?iJ!af ~v;{\ n.f ;:) rAIC~{\ cS Attorney for Plaintiff Attorney ID No. 85692 151 Reno Avenue, Suite 202 New Cumberland, PA 17070 [717] 774-1357 mikehvnum@comcast.net , ' ~ <'~t <. ~ IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIR~)t /) ALL CRANE & EQUIPMENT RENTAL CORPORATION, 1(4f~lJI ".0,;- f. a Delaware corporation, ~1J'1t': oS: 0.' . /.9 C'r'.4f s, Plaintiff, ~~~$ .c..... "'go? v. Case No.: 04-C-1679 ' ., The Honorable Paul Zakaib, Jr. Judge HMCC, INC. d/b/a HEARN & CO., a Pennsylvania corporation, Defendant. DEFAULT JUDGMENT ORDER On a prior day came the Plaintiff, All Crane & Equipment Rental Corporation (hereinafter referred to as "Plaintiff' or "All Crane"), by counsel, Mary K. Prim, pursuant to Rule 55 of the West Virginia Rules of Civil Procedure, upon its Motion for Default Judgment against the Defendant, HMCC, Inc. d/b/a Hearn & Co. (hereinafter referred to as "Hearn & Co.") for its failure to file a responsive pleading, or otherwise appear, answer or defend Plaintiffs Complaint. Upon review by this Court ofthe matters raised by the Plaintiffs Motion, a review of the Complaint, Returns of Service for the Summons and Complaint, accompanying Affidavits, and the file in this matter, and after mature consideration, this Court makes the following findings of fact and conclusions oflaw: 1. The Plaintiff, All Crane, did file a Complaint on June 10, 2004, which Complaint asserts a breach of contract claim against the Defendant, Hearn & Co., in relevant part, as follows: a. The Defendant, Hearn, was a contractor, subcontractor or materialman on the Suncrest Parking Garage job located in Morgantown, West Virginia (hereinafter referred to as the "Construction Project"). b. The Plaintiff, All Crane, rented equipment and provided labor to Hearn for use on that Construction Project. Hearn, by and through its authorized agent, signed Equipment Rental Agreements for equipment rental and labor for a 250 ton Hydraulic Truck Crane. Pursuant to those written contracts and agreements, All Crane contracted to extend credit to Hearn for rental of equipment and labor used on the Construction Project, in consideration for, among other things, Hearn's contractual agreement to pay sums due and owing to All Crane for rental and labor. c. Also, under that contract Hearn contractually agreed to payment of sums due and owing to All Crane along with the contractual interest rate of 18% per annum and all collection r , ( r. .' .'( ,"'.,' \) costs, including attorney's fees. d. Thereafter, All Crane rented equipment and provided labor to Hearn on credit. e. Hearn has failed and refused to pay All Crane in full for equipment rented and labor used on the Construction Project. In fact, All Crane is due and owing the principal sum of FIFTY- ONE THOUSAND NINE HUNDRED EIGHTY -SEVEN DOLLARS AND FIFTY CENTS ($51,987.50), plus contractual interest at the rate of 18% per annum and collection costs, including attorney's fees. f. All Crane made several attempts to collect the principal amount of$51 ,987.50 from Hearn. However, Hearn failed and refused to pay th~ amount due and owing. g. Hearn breached its contract with All Crane by failing and refusing to pay sums due and owing to All Crane. h. As of June 10, 2004, because the Defendant, Hearn, breached its contract with All Crane, and as a direct, proximate and foreseeable result of that breach, All Crane is now due and owing the sum of at least FIFTY-SEVEN THOUSAND EIGHT HUNDRED FIFTY-NINE DOLLARS AND EIGHTY-SIX CENTS ($57,859.86), which amount continues to grow and is calculated as follows: a. Principal: Contractual interest rate of 1.5% per month, or $25.64 per day, from November 24,2003, to June 10,2004, or for 199 days: $51,987.50 b. GRAND TOTAL: $ 5,101.36 $ 770.00 $57,859.86 c. Attorneys' fees and costs: 2. In its Complaint filed June 10,2004, Plaintiffs prayer for relief included, among other things, judgment against the Defendant, Hearn & Co., for contract damages of at least FIFTY-SEVEN THOUSAND EIGHT HUNDRED FIFTY-NINE DOLLARS AND EIGHTY-SIX CENTS ($57,859.86), plus prejudgment contractual interest at the rate of 18% per annum, until judgment is rendered against this Defendant, plus post-judgment interest at the statutory rate of 10% per annum, until paid in full, plus its costs of collection, including its reasonable attorney's fees, and any other relief that this Court may deem just and appropriate, 3. On June 10,2004, the Plaintiff did properly serve the Summons and Complaint on the Defendant, Hearn & Co., in accordance with the requirements of Rule 4 of the West Virginia Rules of Civil Procedure. 4. More than thirty (30) days have passed since the Summons and Complaint were 2 served on the Defendant, Hearn & Co. 5. The Defendant, Hearn & Co., has failed to appear, file a responsive pleading, or otherwise answer or defend against the Plaintiffs Complaint within the required time period as set forth in Rule 12 (a) ofthe West Virginia Rules of Civil Procedure. 6. The Plaintiffs claims for relief are for a sum certain or for a sum which can by computation be made certain. 7. As of July 12, 2004, in accordance with the Complaint, the Affidavit by All Crane, the Affidavit by Plaintiffs counsel and the Proof of Service, the Plaintiff is entitled to Default Judgment on all issues raised in Plaintiffs Complaint, against the Defendant, Hearn & Co. More specifically, the Plaintiff is entitled to judgment against this Defendant in the sum certain as follows: As of September 10, 2004, All Crane is due and owing from the Defendant, Hearn & Co., a sum certain of SIXTY THOUSAND SIX HUNDRED FORTY-EIGHT DOLLARS AND SEVENTY-FOUR CENTS ($60,648.74) which is broken down as follows: a. c. Principal: Contractual interest rate of 1.5% per month, or $25.64 per day, from November 24, 2003, to September 10,2004, or for 291 days: $51,987.50 TOTAL: $ 7,461.24 $ 1.200.00 $60,648.74 c. Attorneys' fees and costs: d. Plus prejudgment contractual interest at the rate of 18% per annum, until judgment is rendered against this Defendant; e. Plus post-judgment interest at the statutory rate of 10% per annum, until paid in full; f. Plus its costs of collection, including its reasonable attorney's fees; and g. Any other relief that this Court may deem just and appropriate. 8. To the Plaintiff, All Crane's knowledge and belief, the Defendant, Hearn & Co., is not an infant, incompetent person or convict. 9. The Plaintiffhas fully complied with the requirements of Rule 55 of the West 3 Virginia Rules of Civil Procedure regarding Default Judgment. WHEREFORE, based on the foregoing findings of fact and conclusions oflaw, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff, All Crane & Equipment Rental Corporation's Motion for Default Judgment against the Defendant, HMCC, Inc. d/b/a Hearn & Co., is GRANTED. It is further ORDERED that judgment be entered for the Plaintiff, All Crane & Equipment Rental Corporation, against the Defendant, HMCC, Inc. d/b/a Hearn & Co., in the amount of SIXTY THOUSAND SIX HUNDRED FORTY-EIGHT DOLLARS AND SEVENTY-FOUR CENTS ($60,648.74) plus post-judgment interest at the statutory rate of 10% per annum until paid in full, plus its costs of collection, including its reasonable attorney's fees, and any other relief that this Court may deem just and appropriate. The Clerk is direc;~rovide certified copies of this Order to all counsel of record. Entered th~10f September 2004. Q THE HONO Presented by: ALL CRANE & EQUIPMENT RENTAL CORPORATION By counsel: RECORDED STATE Of WEST \/IRGlNIA CQUNlY Of KANAWHA, SS I CATHY S GATSON CLERK Of CiRClIT CO~T Of SAID COUNlY AND IN SAiD STATe: DO HEREBY CERllFV THAT 1llE FOREGClNG IS A llU~_coP'f.fROM nte RECORDS OF SAID CO~T- ~ UNDER HAND AND SEAl. Of SAID cWln ntlS D~' ~/~J .::?,OO , )<J. ..>t'f~/Y[ ?,/_CLERK CiRCUlfc OF KANAWHA COlMlY 'M:ST \/IRGI~ ~ Date q 1;)(11 Of - ~COPI" ""'" lQ' unotIi 01 .....,,0 par1i.. _other \r'?~~''''r1l.ji, fit::' .-. 4 "V' ",..' h .!"I, ~"""""" "",,, , r,~) - ! - l )7~ Deputy A,g~rk ~ ~. ~ ~ ~, ~ ~. " "" tlI\. "- ~ L ~ ~:-_-~ I',': ! :' , ~ 'J... \j ~ ~ I:, : ~:: r H (") c,~ -..j -, ",-) c. :~~J (,...:.:> -L:- C-:J rq r; I OJ o "'11 .-1 Ti1 111 p=' rn Q Cl r, -rt -r~1 r'..J ." -'j /'l'l 'I '::'.J -( .... \.0 IN THE COURT OF COMMON PLEAS OF CUMBERLJI.ND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment All tvaY1t-+ ~;pvnlM+ yt; Other ) ~+o.1 ~jS. FiI,No. ~ 71 vs. Amount [)u~ ~__~ bcf:l{1,. l~ m~llhc. d{ bAa : :t:~::ornm - ~r'tr\ +- C-O. C1B~~ costs_~~J Viv-4,.:...SbN",,\ ~A-I""'/'\(-o TO THE PROTHONOTARY OF THE SAID COURT: - C"'-" 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 fiied 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 (l i County, for debt, interest and costs, upon the following described properiY~le defendant(s) . tr:!! ~~ PRAECIPE F.OR ATTACHMENT EXjlCUTION ' Issue writ of attachment to the Sheri of ' ,'. . (A~~~t for debt, interest and costs, as above, directing attachment against the above- amed garnishee(s) for the following property (if real estate, Wpp1y six copies of th description; supply four copies of lengthy personalty list) (/~ ~ _, ' ' 1her <?l300 il7 7 Lf<{~o (..avl,~~ Eiku/ W/P(I/lwU1icsbu~ 170'9:.) and all other property of the defendant(s) in the possession, custody or- trol of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defen anti ) described in the attached exhibit. '6 OS Print Name: Address: (over) Date Signature: Attorney for: Telephone: Supreme Court 10 No.: Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ( "- , "'~> G..J L ~.n :'--- v;'\ ~ "-. f"" ~ \:S v'\ t;'.:~ ':) 'J \ I "::, V\ Co '=" ~ ';) V' \S 0~ -,-, l:: _.,-,. ~, ,. ~ C'j ,,~ r <. '1: r',,) 1-,1 , ',,> r ~. (.) v- .;.:"" u t < ~ . ~ , 1~. 1 "-. "'..... <::J. ~ \ ,,~: ~ ,~ " WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-6156 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due All Crane & Equipment Rental Corp. Plaintiff (s) From HMCC, Inc. d/b/a Hearn & Co. 9 Brenneman Circle Mechanicsburg, P A 17050 (I) You are directed to levy upon the property of the defendant (s)and to sell any and all property and tinancial accounts of Defendants. Property to include both personal and real. (2) You are also directed to attach the property of the defendant(s) no: levied upon in the possession of Commerce Bank - account number 513067777 - 4860 Carlisle Pike Mechanicsburg, P A 17050 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$60,648.74 L.L.$.50 Interest Atty's Comm % Atty Paid $38.00 Plaintiff Paid Due Prothy $1.00 Other Costs Date: February 8, 2005 CURTIS R. LONG (Seal) Prothonotary ~, ~ 1 'rlYLt1(i. K JOf/~ Deputy 91 By: REQUESTING PARTY: Name Michael A. Hynum, Esq, Address: 151 Rene Ave., Suite 202 New Cumberland, P A 17070 Attorney for: Plaintiff Telephone: 717-774-1357 Supreme Court ID No. 85692 Rx Date/Time MAR-23-20D\!WEDI 16 ~I ~ar 23 2005 4:44PM AGUIRRE AIKMAN ~ BROWN 1\ 19D9D518 7179090618 P 003 p.3 , ALL CRANE & EQUIPMENT RENTAL CORPORA nON, Plaintiff IN THE COURT OF COMMON PEAS CUMBERLAND COUNTY, PE SYL V ANIA : NO. 04-6156 CIVIL v. HMCC, INC. d/b/a HEARN & CO., Defendant : CIVIL ACTION - LAW v. PENNSYLVANIA COMMERCE BANCORP, INC. d/b/a COMMERCE BANKlHARRISBURG, NA, Garnishee f:lt0r.w~ ~ INTERROGATORIES TO GARNISHEE IMPORTANT NOTICES TO GARNISHEE! A. You are required to tile answers to the following interrogatories within twen (20) days I after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) (or entities) against whom th Writ of Execution issued. C. "You" means the maio office and all branch offices of Commerce BanklHarris g, NA. D. By service of the Writ of Execution upon you, all property of the Defendanl(s) ubject to attachment which was then in your possession, custody or C<lntrol was attached, inclu -ng all I property of the Defendant(s) which comes into your possession thereafter. INTERROGATORIES IN ATIACHMENT I_ At the time you were served with these Interrogatories or any subsequent time, d d you owe the Defendant(s) any money, were you liable to them on any negotiable or other Rx Date/Time MAR'23-2DD\!WEDI 16:41 111909~o18 Mar 23 2005 4:44PM AGUIRRE AIKMAN ~ BROWN 7179090618 P 004 p.4 , instrument, or did they claim that you owed them any money or were liable to thenj for any ?~J b-lA..~/).....O CLQ.(\..Q.U~ 5 1 "3 0 ,,~. 777/ reason. 0 b C~ C'.-z... jj)?, Cj \ CI. q S " , 2. At the time you were served with these Interrogatories or at any subsequent tfte, was there in your possession, custody or control or in the joint possession, custody or C~lrol of yourself and one or more other })etSons any property of any nature owned solely or jn part by the 'I Defendant(S)?~ ~ * ~~~vr I 3. At the time you were served with these Interrogatories or at any subsequent ti~e, did you i hold legal title to any property of any nature owed solely or in pan by the Defendan~s) or in which Defendant(s) held or ,claimed any interest? ~ ~i- 'to ~-u\ .\ 4. At tIl.~e you were served with these Interrogatories or at any subsequent tiIfe, did the Defendant(s) transfer or deliver any property to you or to any person or place PUTsu4t to your direction or consent and, if so, what was the consideration therefor? y~ 0 i i i , 5. At any time after you were served with these Interrogatories, did you pay, trllIl~fer or , deliver any money or property to the Defendant(s), to any person or place pursuant ~ Defendant(s)' direction, or otherwise discharge any claim of the Defendant(s) against~ou? '---'1'-... 0 i 6. At the time you were served with these Interrogatories or at any subsequent ti~, did you have any safe deposit boxes, pledges, documents of title, securities, notes, coupons, r~eiVableS, , colIateral, checking, savings, tax:, or other accounts or deposits in which Defendant(s)~ave an interest? /~ ~ "4--0 ,~t.) I , 7. At the time you were served with these Interrogatories or at any subsequent tim~, did you hold as fiduciary any property in which the Defendant(s) have any interest? V\cD Rx Date/Time ~~R'Z3 ZDC\(WED' 16:4\ 1119D90518 ~ar 23 2005 4:44PM AGUIRRE AIKMAN ~ BROWN 7179090618 POOl p.5 .' 8. At the time you were served with these Interrogatories or at any subsequent t e, did you hold any Treasury Bill, repurchase AgTeement or any other type of investment or c rnmercial paper in which the Defendant(s) have any interest? ''---1''\. 0 9. At the time you were served with these Interrogatories or at any subsequent f e, did you have property of the Defendant(s) or property in which they have any interest on d otherwise in your possession, custody Or control other than that property indicated' NO answers to the previous Interrogatories? 10, Have you ever owed money to Defendant(s) or held any property belonging Defendant(s)"7 If so, state when you either satisfied the debt or disposed of the prop what manner, for what consideration, and to whom? A-t. L ~O " Date: 3 Michael A. HymnTI, qu Supreme Court ID 11'8569 151 Reno Avenue, Suite 2 New Cumberland, PA 17070 (717) 774.1357 mikeh','num(a':comcast.net Attorney for Plaintiff ~ERCE BA~RRISBURG . uW OouJ c1.V\ 3-8~-Os Rx Date/T'm' MAR-23-200\!WEO: 16'41 Mar 23 2005 4:45PM AGUIRRE AIKMAN ~ BROWN . 1119090618 7178090618 P 006 p.6 J ALL CRANE & EQUIPMENT RENTAL CORPORA nON, Plaintiff : IN THE COURT OF COMMON PIJAS ; CUMBERLAND COUNTY, PENM!YLVANIA ; NO. 04-6156 CIVIL v. HMCC, INC. d/b/a HEARN & CO., Defendant CIVIL ACTION - LAW v. PENNSYLVANIA COMMERCE BANCORP, INC. d/b/a COMMERCE BANKJHARRISBURG, NA, Garnishee CERTIFICATE OF SERVICE On this 23rd day of March, 2005, I certity that a copy of the foregoing INTERROGATORIES TO GARNISHEE was served upon the following by facsimile transmission and United States mail, first class, postage prepaid, addressed as fOllO~; Pennsylvania Commerce Bancorp, Inc. Commerce Bank/Hanisburg, NA A TTN: Paula Bowden, Levy Specialist 3 Crossgate Dri ve Mechanicsburg, PA 17050 , Assistant to , Esquire n (.J -" .1 , ...,.. f': ,-,' . ,~, '-~) - ALL CRANE & EQUIPMENT RENTAL CORPORATION, Plaintiff : IN THE COURT OF COMM N PLEAS : CUMBERLAND CmJN1Y, ENNSYL VANIA : NO. 04-6156 CIVIL VI. HMCC, INC. d/b/a HEARN & CO" Defendant CIVIL ACTION - LAW VI. PENNSYL VANIA COMMERCE BANCORP, INC. d/b/a COMMERCE BANK/HARRISBURG, NA, Garnishee CERTIFICATE OF SERVICE On this 23rd day of March, 2005, I certify that a copy of the foregoin INTERROGATORIES TO GARNISHEE was served upon the following by United States mail, first class, postage prepaid, addressed as follows: Pennsylvania Commerce Bancorp, Inc. Commerce Bank/Harrisburg, NA 100 Senate Avenue Camp Hill, PA 17011 Victoria Y. Ch Michael A. Hyn () c- '.:1...' IT\[ . ~;7~ (j} -.-. .+<~ S~("- ~-L" ...;>C~ 3. ....' = = <:.,I., o -1'1 ~-r1 n'1c ..,..)rn ~-)C'"' ;~') ( ',-l(j ~C=;', \~('-"~ ~j;r\t ~~l :l:'" -0 :x> \ (J1 ;to. :x -.0 o o ALL CRANE & EQUIPMENT RENTAL CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6156 CIVIL v. HMCC, INe. d/b/a HEARN & CO., Defendant CIVIL ACTION - LAW v. PENNSYLVANIA COMMERCE BAN CORP, INC. d/b/a COMMERCE BANK/HARRISBURG, NA, Garnishee PRAECIPE FOR JUDGMENT UPON ADMISSION TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Pursuant to Pa.R.C.P. No. 3146(b), please enter judgment in favor of the plaintiff and against the garnishee, Pennsylvania Commerce Bancorp, Inc. d/b/a Commerce Bank/Harrisburg, NA, in the amount of$8,919.95, admitted in the attached answer to interrogatories to be in the garnishee's possession. The amount of the judgment ofthe plaintiff against the defendant is $60,648.74. Date: Lt la 05 ichael A. Hynum, E Supreme Court ID #85 151 Reno Avenue, Suite 2 New Cumberland, PA 17070 (717) 774-1357 mikehvnum{al,comcast.net Attorney for Plaintiff '.<l> ~ -. -, . ....., u ~ \ " 'J V , I J- , ~ U I lJ U 1 <J f. UUJ M1r 23 2005 4:44PM AGUIRRE AIKMAN ~ BROWN 7179090618 p.3 ALL CRANE & EQUIPMENT RENTAL CORPORA nON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6156 CIVIL v. HMCC, INC. d/b/a HEARN & CO., Defendant : CIVIL ACTION - LAW v. PENNSYL VANIA COMMERCE BANCORP, INC d/b/a COMMERCE BANK/HARRlSBURG, NA, Garnishee INTERROGATORIES TO GARNISHEE [MPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service ~pon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) (or entities) against whom the Writ of Execution issued. C. "You" means the main office and all branch offices of Commerce Bank/Harrisburg, NA. D. By service of the Writ of ExecutiQn upon you, all property of the Defendant(s) subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant(s) which comes into your possession thereafter. INTERROGATORIES IN AITACRMENT I. At the time you were served with these Interrogatories or any subsequent time, did you owe the Defendant(s) any money, were you liable to them on any negotiable or other written '"\' ,,~~...., ' ,,,,'-- M~r 23 2005 4:44PM I""''' ",J ~UU}\lrLUI tU '11 Il f'U~UOIO v UU4 AGUIRRE AIKMAN ~ BROWN 7179090618 p.4 instrument, or did they claim that you owed them any money or were liable to them fur any ? '~' b~/WJ CLe..Wu1c::C 5130(,777, reason. b ' () _ .. -rt: (') Q n q- (~c....L. --w~. 1\-(' S 2. At the time you were served with these Interrogatories 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(s)? ,jLLJ0 ~ "-+a ~~j..~) 3. At the time you were served with these Interrogatories or at any subsequent time, did you I hold legal title to any property of any nature owed solely or in part by the Defendant(s) or in which Defendant(s) held or,c1aimed any interest? ~ ~,---t:o ~'Ul 4. At tb.~e you were served with these Interrogatories or at any subsequent time, did the Defendant(s) 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? '--1'\... 0 5. At any time after you were served with these Interrogatories, did you pay, transfer OT deliver any money or property to the Defendant(s), to any person or place pursuant to Defendant(s)' direction, or otherwise discharge any claim of the Defendant(s) against you? ~O 6, At the time you were served with these Interrogatories or at any subsequent time, did you have any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, lax, or other accounts or deposits in which Defendant(s) have an interest? ~ ~ "--+--0 ,~:LA/U 7. At the time you were served with these Interrogatories or at any subsequent time, did you hold as fiduciary any property in which the Defendant(s) have any interest? VlO ..t U '" ~.;.; J ) !II C ftnl~ L~ bUUJI~~VJ lU.~l I l 1':;1 U':;I \J [) 1 b r UUJ Mar 23 2005 4:44PM AGUIRRE AIKMAN ~ BROWN 7179090618 p.5 8. At the time you were served with these Interrogatories Of at any subsequent time, did you hold any Treasury Bill, repurchase Agreement or any other type of invesbnent or commercial paper in which the Defendant(s) have any interest? '~.0 9. At the time you were served with these Interrogatories Of at any subsequent time, did you have property of the Defendant(s) or properly in which they bave any interest on deposit or otherwise in your possession, custody or control other than that property indicated in your answers to the previous Interrogatories? NO 10. Have you ever owed money to Defendant(s) or held any property belonging to Defendant( s)"7 If so, state when you either satisfied the debt or disposed of the property and in what manner, for what consideration, and to whom? .As-. c ~ ~O r.-' ~ t Date: 3 Micbael A. Hynum, squ' e Supreme Court ID #8569 151 Reno Avenue, Suite 2 NewCurnberland, PA 17070 (717) 774-1357 mikehvnmn@comcast.net Attorney for Plaintiff ~~RRISBURG . . ()O~ CkYl 3~8.lj -0 s ,.,~ ~_,_, ....VVJ\"..."I LU.-tl 11IJu.lU"~<J 1 UUU Ha~ 23 2005 4:45PM AGUIRRE AIKMAN ~ BROWN 7179090618 p.6 ALL CRANE & EQUIPMENT RENTAL CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V A\JIA : NO. 04-6156 CIVIL v. HMCC, INC. d/b/a HEARN & CO., Defendant : CIVIL ACTION - LAW v. PENNSYLVANIA COMMERCE BANCORP, INC. d/b/a COMMERCE BANKIHARRlSBURG, NA, Garnishee CERTIFICATE OF SERVICE On this 23m day of March, 2005, I certifY that a copy oftbe foregoing INTERROGATORIES TO GARNISHEE was served upon the following by facsimile transmission and United States mail, first class, postage prepaid, addressed as follows; Pennsylvania Commerce Bancorp, Inc. Commerce Bank/Ramsburg, NA A TTN: Pauta Bowden, Levy Specialist 3 Crossgate Drive Mechanicsburg, PA [7050 ALL CRANE & EQUIPMENT RENT AL CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 04-6156 CIVIL VI. HMCC, INC. d/b/a HEARN & CO., Defendant CIVIL ACTION - LAW VI. PENNSYLVANIA COMMERCE BANCORP, INC. d/b/a COMMERCE BANKJHARRISBURG, NA, Garnishee CERTIFICATE OF SERVICE On this 12th day of April, 2005, I certifY that a copy ofthe foregoing PRAECIPE FOR JUDGMENT UPON ADMISSION was served upon the following by United States mail, first class, postage prepaid, addressed as follows: Pennsylvania Commerce Bancorp, Inc. Commerce BanklHarrisburg, NA Atln: Paula Bowden, Levy Specialist 3 Crossgate Drive Mechanicsburg, P A 17050 Victoria . Ch bers, Assistant to Michael A. H urn, Esquire D -l4. ~ 'It ...0 I) \) - \) ~ pd I..v w \) () \) Q' P ~ r-;' C) ::',~~ -1'1 ~. .~,~ ,~ ......,. :;:,' 61 _..C', ,~ - CO -' \~ ,~. --, - . - f:~? )'.) C".l - - ALL CRANE & EQUIPMENT RENTAL CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6156 CIVIL v. HMCC, INC. d/b/a HEARN & CO., Defendant : CIVIL ACTION - LAW v. PENNSYLVANIA COMMERCE BANCORP, INC. d/b/a COMMERCE BANK/HARRISBURG, NA, Garnishee PRAECIPE TO RELEASE GARNISHMENT OF BANK ACCOUNT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please release the garnishment of the funds of the Defendant, HMCC, INC. d/b/a HEARN & CO., on deposit with Garnishee, PENNSYL VANIA COMMERCE BANCORP, INC. d/b/a COMMERCE BANK/HARRISBURG, N.A.9, as the funds have been paid to Plaintiff. Date: Sp.5( OS- Michael A. Hyn m c quire Supreme Court ID 85 92 151 Reno Avenue, Suite 202 New Cumberland, P A 17070 (717) 774-1357 mikehvnum@comcast.net Attorney for Plaintiff ~ (::J Vc f.J 1L t- D ,..-., C> - " "- ---- -J s: ~ r c. , , '. - r(, ~ - "'v 1- .. -- .. cr; '-.~' ::::-- .~ .<c.~' R. Thomas Kline, Sheriff, who being duly sworn according to law, states this 'J-~ " Writ is returned ABANDONED, no action taken in six months. [,!:T We [\' WI. S\\f}\F!; . -' I . _' OJ r~'-' - .,', ."; \,. '. 1 -,' ",,' Shenffs Costs: ~'1\': Advance Costs: 150.00 : Docketing 18.00 IQG'i f[~h:~fff-lC~~t3ql~~:~g Poundage 2.00 Advcltising Law Library Prothonotary Mileage Misc. Surcharge Levy Post POne Sale Certified Mail Postage Garnishee TOTAL So Answers; .~ '--J-U c'v'U L-:~.:::-;:::::J ~~~~ .50 1.00 11.10 J--~- v Refunded to Atty on 01106/06 40.00 20.00 9.00 101.60 Sworn and Subscribed to before me C 4:c ,.,,-~~~ R. Thomas Kline, Sheriff / ByCJCL.u &lc \5ru.dor.th Ir, r r 2006 A.D. prothonotary fJ0 \. ,,/0 Vt.,>;.'1 (h.-. I J ),.of Z69SS 'oN aJ Imo:) ,rn'ldns Lsn -PLL -LIL :,uoqd'l"L J.l!IU!Bld :1OJ A'U1OllV OLOLI Vd 'pUBIJaqrnn:) MaN ZOZ al!ns "aAV aualllS1 :ssalpPV 'bs" 'wnuAH 'V faBqJ!W ,wBN :ADfVd ONUS;:InOmr fpf7! 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