Nicholas Malfitano Jul. 19, 2016, 2:27pm


PHILADELPHIA – Plaintiff counsel in a Philadelphia-based slip-and-fall action has petitioned to obtain a court order compelling the litgation’s garnishee, TD Bank, to turn over more than $5,000 in contents from a defendant’s bank account.

David H. Denenberg filed a miscellaneous motion to this effect on May 6. On Dec. 9, 2014, judgment was entered against Devore for $15,000. On April 11, a writ and aid of execution were filed with the prothonotary of the Philadelphia County Court of Common Pleas, according to the lawsuit.

On April 29, garnishee TD Bank answered the plaintiff’s interrogatories, indicating the defendant held a joint bank account with Angela L. Mackin, who is not a party to this case.

According to court records, funds contained in this account are collected from the defendant’s rental properties and solely belong to Devore. At the time TD Bank was served, Devore held $5,018.33 in the account.

TD Bank’s counsel responded to the interrogatories and pleaded new matter, with Denenberg still seeking a court order to compel TD Bank to turn over the funds held in the bank account, in the amount of $5,018.33.

On June 7, 2013, Black-Poland was allegedly injured on the premises of the 2500 block of North 20th Street in Philadelphia, and claimed the defendant’s negligence, carelessness and recklessness in not fixing broken, uneven flooring on the premises caused her accident.

Black-Poland suffered severe and permanent bodily injury as a result of the fall on those premises, according to the lawsuit. The plaintiff argued a failure to inspect, maintain, repair or warn of the dangerous condition on the premises and comply with all applicable building codes caused her accident.

Black-Poland allegedly suffered cervical and thoracic sprain and strain, right shoulder sprain and strain, a cervical disc bulge at the C5-C6 vertebrae, plus all other ills and injuries.

The plaintiff is seeking damages not in excess of $50,000, plus reasonable attorney’s fees, costs and other relief from all defendants in this case.

The plaintiff is represented by David E. Kwartler of Kwartler Manus, Cory A. Trobman of The Law Offices of Craig A. Altman and Denenberg of Abramson & Denenberg, all in Philadelphia.

Philadelphia County Court of Common Pleas case 140101768

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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