PHILADELPHIA – Counsel for a Philadelphia-based touring company wants a decade-old judgment of $14,000 levied against it in response to a motor vehicle accident thrown out of court, alleging improper notice.
Philadelphia resident Melanie Barnett filed suit against Major Tours, Inc. in May 2004, in connection with a motor vehicle accident that had taken place earlier that year.
When no response came from Major Tours in regards to Barnett’s complaint filing, a state court judge entered a default judgment against Major Tours for $14,000 in January 2005.
Eight years later, a Writ of Execution was filed through Barnett’s counsel in January 2013, seeking to enforce the judgment, which court records indicate had yet to be paid by the defendants. It also sought to levy these costs upon the property of the touring company.
Attorneys for Major Tours filed a motion of opposition this past January, stating in their claim the plaintiff cannot legally garnish funds from the defendant.
Counsel pointed out their belief Major Tours “wasn’t served with notice” of the July 2004 arbitration hearing resulting in the $14,000 judgment, which was not approved by a judge until the following January.
Robert L. Simmons, defense counsel for Major Tours stated in his motion, “The plaintiffs failed to meet the law of civil procedure.”
Simmons said the money in question is comprised of owed employee taxes due to the City of Philadelphia, the Pennsylvania Department of Revenue and the Internal Revenue Service, which all have greater liens against Major Tours than the plaintiff and whose financial demands for action take precedence over Barnett’s.
Simmons elaborated the first call to enforce the judgment was levied against First Trust Bank and extinguished in March, and the same should happen with this new call for judgment enforcement to Bank of America.
Simmons said to entertain such a proceeding would be “burdening the court with frivolous action” and motioned the Court to set aside the Writ of Execution.
A hearing on this matter will be held in Court chambers at Philadelphia City Hall on Thursday.
The plaintiff is represented by Donald H. Yablon in Philadelphia.
The defendant is represented by Robert L. Simmons of Abramson & Denenberg, in Philadelphia.
Philadelphia County Court of Common Pleas case 040502231
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com
Major Tours says it was never noticed of 2005 judgment against it
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